Archive for Federal

Staff Reductions & Insufficient Funding Will Dramatically Impact IRS in 2015 And Beyond

Last Tuesday, IRS Commissioner John Koskinen addressed the New York State bar Association Tax Section in New York. His comments provide keen insight into the going-on’s at the IRS. Mr. Koskinen’s most important announcement centered on the agency’s anticipated reduction in the number of rulemaking projects as a result of budgetary constraints.

Although releasing guidance is one of the agency’s core functions, there are simply not enough attorneys in the Office of Chief Counsel to shoulder the burden. Nor are there any plans on the horizon to hire more workers, in light of the agency-wide hiring freeze.

“Our office of chief counsel continues to make every effort to issue guidance in a timely Read More

Written by | Posted in Audit • Corporate • Federal • IRS • Partnership

FLASH ALERT! WOTC: IRS Notice 2015-13: Providing Transition Relief For Employers Submitting Late WOTC Applications

We Have Been Waiting For This!

The IRS has released IRS Notice 2015-13, which provides transition relief given the late retroactive renewal of the Work Opportunity Tax Credit program in December 2014. Notice 2015-13 waves the 28-day deadline for submitting IRS Form 8850 (the WOTC Pre-screen Notice) for qualifying employees hired in 2014.  The extended deadline for submitting the applications for affected employees is now April 30, 2015.

From the Notice:

 

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Written by | Posted in Affordable Healthcare Act • Africa • Audit • Corporate • Federal • International • IRS • North America • Partnership • State And Local Tax (SALT) • State Tax • Tax Controversy • Tax Deductions • Tax Policy

The Service Announces Tax Season Kick-Off Date

The Internal Revenue Service (hereinafter the “Service”) announced that it will commence accepting tax returns electronically filed on January 20th of 2015. Hard copy tax returns will also be accepted and processed starting on this date as well.

The Service’s decision follows the passage of the tax extenders package into law on December 19, 2014 which retroactively reinstated over 50 tax incentives that had previously expired on December 31, 2013.  “We have reviewed the late tax law changes and determined there was nothing preventing us from continuing our updating and testing of our systems,” said IRS Commissioner John Koskinen in a prepared statement. “Our employees will continue an aggressive schedule of testing and preparation of our systems during the next month to complete the final stages needed for the 2015 tax season.”

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Written by | Posted in Federal • IRS

Tax Extenders Legislation Becomes Law

On Friday, December 19th, President Obama signed the tax extenders legislation into law that retroactively extends for one year the bulk of the temporary tax incentives that expired on December 31, 2013. The Tax Increase Prevention Act of 2014 (hereinafter “TIPA”) was approved on a bipartisan basis in the House of Representatives on December 3rd and the Senate on December 16th. Its passage and enactment mark the last significant action in connection to tax policy in the 113th Congress, which has now officially adjourned as the 114th Congress convenes on January 6, 2015. However, the tax extenders package is short-lived as the retroactive renewal of approximately 60 temporary provisions sunsets on December 31, 2014. For taxpayers who rely on these provisions for planning purposes, this means a return to uncertainty in just a few weeks as calendar year 2014 comes to a close. Read More

Written by | Posted in Federal • Tax Policy

Congress Passes $42 Billion Tax Extenders Package

On Tuesday, December 16th The U.S. Senate passed a $ 42 billion tax extenders package, by a 76 to 16 vote, reviving dozens of previously expired tax breaks for calendar year 2014 only.

Republicans and Democrats compromised on the one-year extension after the White House undercut negotiations on a broader bipartisan package, underscoring divisions between Democrats in the wake of this year’s heavy losses at the election polls this past November. Senators from both parties indicated that they would have preferred legislation that would have restored the tax extenders through calendar year 2015 (e.g., a 2 year extension package that would have retroactively reinstated the tax extenders for calendar year 2014 and forward through all of calendar year 2015). After the late night 76-16 vote on Tuesday, Read More

Written by | Posted in Federal • Tax Policy

Whether They Are Old Taxes Or New Taxes, The IRS Is Still Looking To Collect From Sharpton

The Rev. Al Sharpton lately has come into prominence as an imposing figure as men in power lined up to exclaim their admiration for him. Mayor Bill de Blasio and Gov. Andrew M. Cuomo hailed him as a civil rights icon. President Obama sent an aide to read a message commending Mr. Sharpton’s “dedication to the righteous cause of perfecting our union”.

But despite this rise in power Mr. Sharpton has apparently sidestepped the inevitable obligations to pay taxes as public records show more than $4.5 million in current state and federal tax liens against him and his for-profit businesses.

During a news conference at the headquarters of his National Action Network in Harlem, Read More

Written by | Posted in Federal • IRS • State Tax

Government Expands Forfeiture Program

In 1984, George Orwell’s novel about a dystopian near-future society, Oceania was constantly at war with one of its geopolitical rivals. The grandfatherly yet sinister O’Brien later admitted that victory over Eurasia or Eastasia was not the war’s objective – the ongoing conflict was simply an excuse for the totalitarian government to intervene in peoples’ affairs.

The United States is in the midst of several wars, many of which are against rather amorphous opponents. Case in point: the war on drugs. It’s not exactly like Oceania’s war against Eurasia/Eastasia, but there are some common elements. Both conflicts are seemingly endless, and both have political overtones. Perhaps most significantly, in both conflicts, bystanders are caught in the crossfire. Read More

Written by | Posted in Federal • Individual • IRS • Tax Risk Management

Revisiting Your Section 199 Results

It seems hard to believe, but 2014 is the 10th year in which an IRC section 199 domestic production activities deduction (“DPAD”) may be claimed.  Enacted as a replacement regime for the extraterritorial income exclusion, section 199 allows “manufacturers” to reduce their federal income tax rate by up to 3.15%.  The permanent tax benefit increases earnings per share and cash flow.

Most taxpayers that have “domestic production activities” are capturing the tax benefit by employing a process devised in 2005 either internally or with the assistance of an accounting firm. Depending on the sophistication of the taxpayer, and the resources it has committed to section 199 analysis, the process for capturing the benefit may have evolved considerably (or not) since its initial implementation. Read More

Written by | Posted in Federal • Tax Deductions

FBAR Account Reporting – Imperative

FBAR Foreign bank account reporting is imperative, Please pardon my writing you again about this but I am deeply concerned.

If you have a bank account anyplace outside of the USA, it doe not matter why even if it is an account with money to obtain your spouse or retirement visa, you need to report it. The law says, “total aggregate of all accounts exceeding $10,000” but I am not sure I trust the IRS to abide by those regulations, I recommend to file for any significant amount. And do so for the last SIX (6) years, 2013 and back 5 more years, as required by law.

PLEASE understand the penalties for non-compliance are draconian that start at $500 and go up from there and can even include criminal prosecution if your failure to file was Read More

Written by | Posted in FATCA • FBAR • Federal

With All The Identity Theft Going On With IRS, Maybe e-filing Isn’t Worth It

Identity theft cost the Internal Revenue Service $5.2 billion in tax year 2013, according to an analysis from the U.S. Government Accountability Office. While the IRS estimates it prevented $24.2 billion in fraudulent refunds, there are still thousands of taxpayers whose tax refunds were delayed because a criminal beat them to the joyous task of filing tax returns.

Regardless of the fact that it’s not the best budgeting strategy, people often rely on their tax refunds to pay bills. When an identity thief files a fraudulent return which is usually done through the IRS e-filing system using someone’s Social Security number, that person won’t know about the fraud till they attempt to file themselves, and instead of the speedy refund they may have been counting on, they may have no idea when they’ll get their Read More

Written by | Posted in Federal • Income Tax • International • IRS • Tax Fraud/Evasion/Crimes

Have You Been Subpoenaed To Appear Before A Grand Jury?

Federal grand juries have a maximum of 23 members, 16 of whom must be present to form a quorum. Indictments are returned by a vote of 12 or more members. Federal grand juries typically sit for a term of 18 months and meet at regular intervals. Grand juries can use the court’s power to subpoena evidence. A subpoena (which translates, essentially, as “subject to sanction”) commands someone to do something. The subpoenas are actually issued by the court clerk’s office.

The prosecutor will go to the court clerk’s office and obtain blank subpoenas. The prosecutor then fills them in, putting in the name of the person or corporation that is being subpoenaed, and telling them what they have to do (testify or produce documents) and when they have to do it. The prosecutor then has someone–often a police officer or federal Read More

Written by | Posted in Federal • Tax Fraud/Evasion/Crimes

What To Expect At A Tax Appeals Conference

Tax Appeals conferences are typically rather informal. There is generally no stenographer present to record the issues of fact and tax law discussed, unless specifically requested by the taxpayer via specific procedures. When you or others provide testimony during the tax appeals conference, it is not under oath; however, matters of fact must be stated on a signed affidavit under penalty of perjury (1). If you have evidence to support your position, you must disclose it prior to the appeals conference through your signed affidavit. You cannot simply wait until the appeals conference to present your evidence to the appeals officer for the first time. If you attempt to do so, the Appeals officer can decide to return the entire case back to the local office for verification of the evidence.

When you reach the Appeals conference, the Appeals officer may ask you to provide Read More

Written by | Posted in Federal • Income Tax • Individual • Tax Controversy
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