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Archive for IRS

IRS Does Not Have Sufficient Funding To Handle Transfer Pricing

Ron Marini

The IRS lacks the resources to enforce anti-tax avoidance measures targeted at offshore transfer pricing schemes, the agency has said in response to a watchdog report on the subject.

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Swiss Bank Rats Out NYU Business Professor – Results in Fine of $100M & Up To 5 Yrs in Prison

John Dundon

We previously posted October 15, 2016—144 Offshore Banks & Now Financial Advisors Are Turning Over Your Names To The IRS – What Are Your Waiting For?—where we discuss that there are 144 offshore banks and financial advisors that are turning your names over to the IRS as part of their deferred prosecution agreements. Below is the story about one US citizen who had accounts with one of these banks and how he is now being criminally prosecuted for not addressing his previously undeclared foreign income.

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IRS Needs To Improve Its Offer In Compromise Process

Ron Marini

Internal Revenue Service has taken steps to improve the offer in compromise process for both taxpayers and the IRS, but it can still do more, according to a new report.

An offer in compromise is an agreement between a taxpayer and the IRS that settles a tax liability for a payment of less than the full amount owed.

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TIGTA Report Concludes That IRS’s Lax Enforcement Is Costing $9 Billion

Ron Marini

The Treasury Inspector General for Tax Administration (TIGTA) issued a report concluding that the IRS’s lax enforcement of backup withholding requirements is potentially causing billions of dollars in lost revenue (TIGTA Rep’t No. 2016-40-078).

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IRS Targets Nonfilers To Aid In Collecting Billions In Taxes

Ron Marini

A report from the Treasury Inspector General for Tax Administration (TITGA) said the IRS has a strategy in place as part of its Case Creation Nonfiler Identification Process to identify taxpayers who have not filed a tax return and are required to do so if their income is above a certain threshold. The IRS typically issues delinquency notices to more than 640,000 nonfilers each year whose tax extensions have expired.

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OVDP Does Not Cause Green Card Holders To Be Deported

Ron Marini

A few years back, we discussed that the U.S. Supreme Court decision on February 21, 2012 decided that lawful permanent residents who have pled guilty to charges related to the filing of false tax returns that resulted in a loss to the government of more than $10,000 have committed aggravated felonies involving fraud or deceit and are subject to deportation (Kawashima v. Holder, U.S., No. 10-577, 2/21/12).

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New Requirement For Dependents Whose Passports Don’t Have A Date Of Entry Into The U.S.

John Dundon

The IRS changed its policy on acceptable documentation for issuing dependent Individual Taxpayer Identification Numbers (ITIN). The agency no longer accepts passports that do not have a date of entry into the U.S. as a stand-alone identification document for dependents from countries other than Canada or Mexico or dependents of military members overseas.

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Streamlined Processing Of Installment Agreements

Ron Marini

The IRS is testing expanded criteria for streamlined processing of taxpayer requests for installment agreements. The test is scheduled to run through September 30, 2017.

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The Internal Revenue Code Versus The IRS Form: Noncovered Expatriate Status And Form 8854

John Richardson

 For Whom The IRS Form Tolls

I would not want the job that the IRS has to create forms given there are many “information reporting requirements” in the Internal Revenue Code. The IRS has the job (sometimes mandatory “shall” and sometimes permissive “may”) of having to create forms that reflect the intent of the Internal Revenue Code. The forms will not necessarily reflect how the IRS interprets the text and intent of the Code. Once created, the “forms” become a practical substitute for the Code. If you look through your tax return you will find “form” after “form” after “form” how the various provisions of the Internal Revenue Code are “given meaning” (if the meaning can be determined).

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IRS Challenged On Legality Of PTIN Fees

John Stancil

PTIN stands for Preparer Tax Identification Number. This was originated by the IRS in 1999 to protect the identity of professional tax return preparers. Prior to that time, preparers were required to list their social security number on the prepared return. This, obviously, was a good move that preparers readily accepted as it helped protect their identity. It was simple. You applied for the PTIN, paid no fee, and it was presumably good for life.

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A Modest Proposal – Let’s Fix Extensions

John Stancil

I remember when tax season was pretty much over after April 15. Sure, there were extensions, but for four months and you had to justify an additional two-month grace period. Since the additional extension was mostly perfunctory, the IRS changed things and now grants a single six-month extension. No additional extensions are granted except in the case of a federally declared disaster area.

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IRS Provides Legal Advice When Data Exchange With Foreign Countries is Confidential

Ronald Marini

In Legal Advice Issued by Associate Chief Counsel 2016-004, the IRS has given its opinion on the exact moment when information that it provides to and receives from foreign tax administrations via the Organization for Economic Cooperation and Development’s Common Transmission System becomes protected under the Code’s confidentiality rules. Legal Advice Issued by Associate Chief Counsel 2016-004.

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