AICPA Recommends To The Service To Increase The Tangible Property Small Business Safe Harbor Rules

On Tuesday, April 21st The American Institute of CPAs (hereinafter the “AICPA”) has recommended to the Internal Revenue Service (hereinafter the “Service”) that the De Minimis Safe Harbor threshold amount under the Final Treasury Regulations governing Tangible Property be increased from $500 to $2,500 for small business entity taxpayers without an Applicable Financial Statement (hereinafter “AFS”).

Troy K. Lewis, the AICPA Tax Executive Committee Chair advised the Service that “the AICPA believes the requirement that a taxpayer have an AFS to use the $5,000 De Minimis Safe Harbor threshold unfairly discriminates against smaller taxpayers, and recommends an alternative test to allow such taxpayers to use the De Minimis rule.”

The AICPA further recommended that the Service expand the definition of an approved AFS to include a reviewed set of financial statements, which are in accordance with Statements on Standards for Accounting and Review Services (hereinafter “SSARS”) and provide reasonable assurance that there are no material modifications that have been made or should be made for them to be in conformity with the applicable financial reporting framework.

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About the Author
Peter J. Scalise serves as the National Partner-in-Charge of the Federal Tax Credits and Incentives Practice at SAX CPAs LLP. Peter is a highly distinguished member of the Accounting Today Top 100 Influencers and has approximately thirty years of progressive Big 4 and Top 100 public accounting firm experience developing, managing, and leading large scale tax advisory practices on a regional, national, and global level.
Peter also serves as a passionate philanthropist and a member of several Boards of Directors and Boards of Advisors for local, regional, and national charities in connection with poverty and hunger alleviation; economic development; environmental conservation; health and social services; supporting veteran and military service personnel along with preserving arts and cultural programs.

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