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The IRS has announced a second Voluntary Disclosure Program for employers to resolve erroneous claims for credit or refund involving the COVID-19 Employee Retention Credit (ERC). Participation in the second ERC Voluntary Disclosure Program is limited to ERC claims filed for the 2021 tax period(s), and cannot be used to disclose and repay ERC money from tax periods in 2020.

The IRS has announced a second Voluntary Disclosure Program for employers to resolve erroneous claims for credit or refund involving the COVID-19 Employee Retention Credit (ERC). Participation in the second ERC Voluntary Disclosure Program is limited to ERC claims filed for the 2021 tax period(s), and cannot be used to disclose and repay ERC money from tax periods in 2020.

The program is designed to help businesses with questionable claims to self-correct and repay the credits they received after filing erroneous ERC claims, many of which were driven by aggressive marketing from unscrupulous promoters.

The first ERC Voluntary Disclosure Program was announced in late December 2023, and ended on March 22, 2024 (Announcement 2024-3, I.R.B. 2024-2, 364). Over 2,600 taxpayers applied to the first program to resolve their improper ERC claims and avoid civil penalties and unnecessary litigation.

The second ERC Voluntary Disclosure Program will allow businesses to correct improper payments at a 15-percent discount, and avoid future audits, penalties and interest.

Procedures for Second Voluntary Disclosure Program

To apply, employers must file Form 15434, Application for Employee Retention Credit Voluntary Disclosure Program, and submit it through the IRS Document Upload Tool. Employers must provide the IRS with the names, addresses, telephone numbers and details about the services provided by any advisors or tax preparers who advised or assisted them with their claims, and are expected to repay their full ERC claimed, minus the 15-percent reduction allowed through the Voluntary Disclosure Program.

Eligible employers must apply by 11:59 pm local time on November 22, 2024.

The Department of the Treasury and the IRS released statistics on the Inflation Reduction Act clean energy tax credits for the 2023 tax year. Taxpayers have claimed over $6 billion in tax credits for residential clean energy investments and more than $2 billion for energy-efficient home improvements on 2023 tax returns filed and processed through May 23, 2024.

The Department of the Treasury and the IRS released statistics on the Inflation Reduction Act clean energy tax credits for the 2023 tax year. Taxpayers have claimed over $6 billion in tax credits for residential clean energy investments and more than $2 billion for energy-efficient home improvements on 2023 tax returns filed and processed through May 23, 2024.

For the Residential Clean Energy Credit, 1,246,440 returns were filed, with a total credit value of $6.3 billion and an average of $5,084 per return. Specific investments include:

• Rooftop solar: 752,300 returns, up to 30 percent of the cost;
• Batteries: 48,840 returns, up to 30 percent of the cost.

For the Energy Efficient Home Improvement Credit, 2,338,430 returns were filed, with a total credit value of $2.1 billion and an average of $882 per return. Specific improvements include:

• Home insulation: 669,440 returns, up to 30 percent of the cost;
• Windows and skylights: 694,450 returns, up to 30 percent of the cost or $600;
• Central air conditioners: 488,050 returns, up to 30 percent of the cost or $600;
• Doors: 400,070 returns, up to 30 percent of the cost, $250 per door or $500 total;
• Heat pumps: 267,780 returns, up to 30 percent of the cost or $2,000;
• Heat pump water heaters: 104,180 returns, up to 30 percent of the cost or $2,000.

Internal Revenue Service Commissioner Daniel Werfel is calling on Congress to maintain the agency’s funding and not make any further cuts to the supplemental funding provided to the agency in the Inflation Reduction Act, using recent successes in customer service and compliance to validate his request.

Internal Revenue Service Commissioner Daniel Werfel is calling on Congress to maintain the agency’s funding and not make any further cuts to the supplemental funding provided to the agency in the Inflation Reduction Act, using recent successes in customer service and compliance to validate his request.

"The Inflation Reduction Act funding is making a difference for taxpayers, and we will build on these improvements in the months ahead," Werfel said during a July 24, 2024, press teleconference, adding that "for this progress to continue, we must maintain a reliable, consistent annual appropriations for the agency as well as keeping the Inflation Reduction Act funding intact."

During the call, Werfel highlighted a number of improvements to IRS operations that have come about due to the IRA funding, including expansion of online account features (such as providing more digital forms, making it easier to make online payments, and making access in general easier); providing more access to taxpayers wanting face-to-face assistance (including a 37 percent increase in interactions at taxpayer assistance centers); IT modernization; and the collection of more than $1 billion in taxes due form high wealth individuals.

Werfel did highlight an area where he would like to see some improvements, including the number of taxpayers who have activated their online account.

While he did not have a number of how many taxpayers have activated their accounts so far, he said that “"we are nowhere near where we have the opportunity to be,"” adding that as functionality improves and expands, that will bring more taxpayers in to use their online accounts and other digital services.

He also noted that online accounts will be a deterrent for scams, and it will provide taxpayers with the information they need to not be fooled by scammers.

“We see the online account as a real way to test these scams and schemes because taxpayers will have a single source of truth about whether they actually owe a debt, whether the IRS is trying to reach them, and also information we can push out to taxpayers more regularly if they sign up and opt in for it on the latest scams and schemes,” Werfel said.

By Gregory Twachtman, Washington News Editor

The IRS has intensified its efforts to scrutinize claims for the Employee Retention Credit (ERC), issuing five new warning signs of incorrect claims. These warning signs, based on common issues observed by IRS compliance teams, are in addition to seven problem areas previously highlighted by the agency. Businesses with pending or previously approved claims are urged to carefully review their filings to confirm eligibility and ensure credits claimed do not include any of these twelve warning signs or other mistakes. The IRS emphasizes the importance of consulting a trusted tax professional rather than promoters to ensure compliance with ERC rules.

The IRS has intensified its efforts to scrutinize claims for the Employee Retention Credit (ERC), issuing five new warning signs of incorrect claims. These warning signs, based on common issues observed by IRS compliance teams, are in addition to seven problem areas previously highlighted by the agency. Businesses with pending or previously approved claims are urged to carefully review their filings to confirm eligibility and ensure credits claimed do not include any of these twelve warning signs or other mistakes. The IRS emphasizes the importance of consulting a trusted tax professional rather than promoters to ensure compliance with ERC rules.

The newly identified issues include essential businesses claiming ERC despite being fully operational, unsupported government order suspensions, misreporting wages paid to family members, using wages already forgiven under the Paycheck Protection Program, and large employers incorrectly claiming wages for employees who provided services. The IRS plans to deny tens of thousands of claims that show clear signs of being erroneous and scrutinize hundreds of thousands more that may be incorrect. In addition, the IRS announced upcoming compliance measures and details about reopening the Voluntary Disclosure Program, aimed at addressing high-risk ERC claims and processing low-risk payments to help small businesses with legitimate claims.

IRS Commissioner Danny Werfel emphasized the agency’s commitment to pursuing improper claims and increasing payments to businesses with legitimate claims. Promoters lured many businesses into mistakenly claiming the ERC, leading to the IRS digitizing and analyzing approximately 1 million ERC claims, representing over $86 billion. The IRS urges businesses to act promptly to resolve incorrect claims, avoiding future issues such as audits, repayment, penalties, and interest. Taxpayers should recheck their claims with the help of trusted tax professionals, considering options such as the ERC Withdrawal Program or amending their returns to correct overclaimed amounts.

The IRS, in collaboration with state tax agencies and the national tax industry, has initiated a new effort to tackle the rising threat of tax-related scams. This initiative, named the Coalition Against Scam and Scheme Threats (CASST), was launched in response to a significant increase in fraudulent activities during the most recent tax filing season. These scams have targeted both individual taxpayers and government systems, seeking to exploit vulnerabilities for financial gain.

The IRS, in collaboration with state tax agencies and the national tax industry, has initiated a new effort to tackle the rising threat of tax-related scams. This initiative, named the Coalition Against Scam and Scheme Threats (CASST), was launched in response to a significant increase in fraudulent activities during the most recent tax filing season. These scams have targeted both individual taxpayers and government systems, seeking to exploit vulnerabilities for financial gain.

CASST will focus on three primary objectives: enhancing public outreach and education to alert taxpayers to emerging threats, developing new methods to identify fraudulent returns at the point of filing, and improving the infrastructure to protect taxpayers and the integrity of the tax system. This initiative builds on the successful framework of the Security Summit, which was launched in 2015 to combat tax-related identity theft. While the Security Summit made significant progress in reducing identity theft, CASST aims to address a broader range of scams, reflecting the evolving tactics of fraudsters.

The coalition has received widespread support, with over 60 private sector groups, including leading software and financial companies, joining the effort. Key national tax professional organizations are also participating, all committed to strengthening the security of the tax system.

Among the measures CASST will implement are enhanced validation processes for tax preparers, including improvements to the Electronic Filing Identification Number (EFIN) and Preparer Tax Identification Number (PTIN) systems. The coalition will also target the issue of ghost preparers, who prepare tax returns for a fee without proper disclosure, leading to inflated refunds and significant revenue losses.

In addition to these technical improvements, CASST will address specific scams, such as fraudulent claims for tax credits like the Fuel Tax Credit. By the 2025 filing season, CASST aims to have new protections in place, bolstering defenses across both public and private sectors to make it more difficult for scammers to exploit the tax system. This coordinated effort seeks to protect taxpayers and ensure the integrity of the nation’s tax system.

The Internal Revenue Service will be processing about 50,000 "low-risk" Employee Retention Credit claims, and it will be shifting the moratorium dates on processing.

The Internal Revenue Service will be processing about 50,000 "low-risk"Employee Retention Credit claims, and it will be shifting the moratorium dates on processing.

"The IRS projects payments will begin in September with additional payments going out in subsequent weeks," the agency said in an August 8, 2024, statement."The IRS anticipates adding another large block of additional low-risk claims for processing and payment in the fall."

The agency also announced that it is shifting the moratorium period on processing new claims. Originally, the agency was not processing claims that were filed after September 14, 2023. It is now going to process claims filed between September 14, 2023, and January 31, 2024.

"Like the rest of the ERC inventory, work will focus on the highest and lowest risk claims at the top and bottom end of the spectrum," the IRS said. "This means there will be instances where the agency will start taking actions on claims submitted in this time period when the agency has seen a sound basis to pay or deny any refund claim."

The agency also said it has sent out "28,000 disallowance letters to businesses whose claims showed a high risk of being incorrect," preventing up to $5 billion in improper payments. It also has "thousands of audits underway, and 460 criminal cases have been initiated" with potentially fraudulent claims worth nearly $7 billion. Thirty-seven investigations have resulted in federal charges, with 17 resulting in convictions.

Businesses that receive a denial letter will have the ability to appeal the decision.

The agency also offered some other updates on the ERC program, including:

• The claim withdrawal process for unprocessed ERC has led to more than 7,300 withdrawing $677 million in claims;
• The voluntary disclosure program received more than 2,600 applications from ERC recipients that disclosed $1.09 billion in credits; and
• The IRS Office of Promoter Investigations has received "hundreds" of referrals about suspected abusive tax promoters and preparers improperly promoting the ability to claim the ERC.

"The IRS is committed to continuing out work to resolve this program as Congress contemplates further action, both for the good of legitimate businesses and tax administration," IRS Commissioner Daniel Werfel said in the statement.

By Gregory Twachtman, Washington News Editor

The IRS has announced substantial progress in its ongoing efforts to modernize tax administration, emphasizing a shift towards digital interactions and enhanced measures to combat tax evasion. This update, part of a broader 10-year plan supported by the Inflation Reduction Act, reflects the agency's commitment to improving taxpayer services and ensuring fairer compliance.

The IRS has announced substantial progress in its ongoing efforts to modernize tax administration, emphasizing a shift towards digital interactions and enhanced measures to combat tax evasion. This update, part of a broader 10-year plan supported by the Inflation Reduction Act, reflects the agency's commitment to improving taxpayer services and ensuring fairer compliance.

The IRS’s push for digital transformation has seen significant advancements, allowing taxpayers to conduct nearly all interactions with the agency online. This initiative aims to reduce the reliance on paper submissions, expedite tax processing, and improve overall efficiency. In 2024 alone, the IRS introduced extended hours at Taxpayer Assistance Centers across the country, particularly benefiting rural and underserved communities. The agency also reported a notable increase in face-to-face interactions, with a 37 percent rise in contacts during the 2024 filing season.

In parallel with these service improvements, the IRS has ramped up efforts to disrupt complex tax evasion schemes. Leveraging advanced data science and technology, the agency has focused on high-income individuals and entities employing sophisticated financial maneuvers to avoid taxes. Among the IRS’s new measures is a moratorium on processing Employee Retention Credit claims to prevent fraud, alongside initiatives targeting abusive use of partnerships and improper corporate practices.

The IRS also highlighted its progress in eliminating paper filings through the introduction of the Document Upload Tool, which allows taxpayers to submit documents electronically. This tool, along with upgraded scanning and mail-sorting equipment, is expected to significantly reduce the volume of paper correspondence, potentially replacing millions of paper documents each year. These technological upgrades are part of the IRS’s broader goal to create a fully digital workflow, thereby speeding up refunds and improving service accuracy.

Additionally, the IRS has launched new programs to ensure taxpayers are informed about and can claim eligible credits and deductions. This includes outreach efforts related to the Child Tax Credit and the Earned Income Tax Credit, aiming to bridge the gap for eligible taxpayers who may not have claimed these benefits. These initiatives underline the IRS's dedication to a more equitable tax system, ensuring that all taxpayers have access to the credits and services they are entitled to while maintaining robust compliance standards.

Year-end 2016 is expected to bring a rush of tax-related legislation in Congress. Lawmakers will be up against a December 31 deadline to renew some expiring tax incentives and possibly pass new tax breaks for individuals and businesses. The year may end with what is often called a “Christmas Tree bill,” a bill that includes a variety of tax and other provisions.

Year-end 2016 is expected to bring a rush of tax-related legislation in Congress. Lawmakers will be up against a December 31 deadline to renew some expiring tax incentives and possibly pass new tax breaks for individuals and businesses. The year may end with what is often called a “Christmas Tree bill,” a bill that includes a variety of tax and other provisions.

Note: At the time this article was posted, the results of the November 8 presidential election was not yet known. That outcome will shape tax legislation in 2017 and beyond. 

Tax breaks for individuals

In December 2015, many popular but temporary tax incentives for individuals were scheduled to expire at year-end. Congress renewed or made permanent most of these tax breaks in the Protecting Americans from Tax Hikes Act (PATH Act). However, some incentives were not included in the PATH Act and these are up for renewal, or possibly being made permanent, this December. They include the Code Sec. 25C residential energy credit (for energy-efficient improvements to homes) and the popular above-the-line deduction for higher education tuition and fees.

Tax breaks for businesses

The PATH Act also extended, and in some cases made permanent, many tax incentives for businesses. Some incentives, however, were not included in the PATH Act and are expected to come up for renewal this December. They include targeted incentives for film and television productions, Native American employment, the mining industry, railroads, and motorsports complexes. Along with these, some special tax breaks for alternative fuels are scheduled to expire at year-end. 

More proposals

Along with the incentives already described, some stand-alone tax bills are expected to come to votes in Congress before year-end. The bills, if passed, impact individuals, small businesses, farmers, and tax administration. They include:

• The Support Small Business R&D Bill, which would expand knowledge resources available to startups and small businesses in connection with their using the research and development (R&D) tax credit.
• The Restraining Excessive Seizure of Property through Exploitation of Civil Asset Forfeiture Tools (RESPECT) Bill, which would limit the IRS’s civil asset forfeiture authority (a companion bill has already passed the House).
• The Middle-Income Housing Tax Credit (MIHTC) Bill of 2016, which would provide tax credits to encourage development of affordable housing
• The Retirement Enhancement and Savings Bill of 2016, which expands tax incentives for small employers to create retirement savings plans and repeals the maximum age for contributions to traditional IRAs.
• The Louisiana Flood and Storm Victims Devastation Act, which provides emergency tax relief for persons affected by severe storms and flooding in Louisiana.
• The Farm Risk Abatement and Mitigation Election (FRAME) Act, which authorizes agricultural producers to establish and contribute to tax-exempt farm risk management accounts.

Any or all of these bills, and others, could be part of a year-end tax package. Our office will keep you posted of developments.

Following a natural disaster, the affect such a calamity would have on ones taxes is likely the last thing on an individual’s mind—if it crosses his or her mind at all. However, as inconsequential of a thought as it may seem as an individual is contending with the physical manifestations of what a natural disaster leaves in its wake, taxpayers should know that the IRS provides hardship related relief to those individuals so affected.

Following a natural disaster, the affect such a calamity would have on ones taxes is likely the last thing on an individual’s mind—if it crosses his or her mind at all. However, as inconsequential of a thought as it may seem as an individual is contending with the physical manifestations of what a natural disaster leaves in its wake, taxpayers should know that the IRS provides hardship related relief to those individuals so affected.

Disaster Area and Affected Taxpayer

Generally, for eligible taxpayers to take advantage of any relief offered by the IRS, the IRS must first denote whether a locale is a covered disaster area. A covered disaster area refers to an area of a federally declared disaster.

For taxpayers to take advantage of the natural disaster related tax relief that the IRS offers, individuals must be “affected taxpayers.” Those who qualify for relief include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a recognized deadline are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Relief Granted

Under Code Sec. 7508A, the IRS is afforded authority to give affected taxpayers an extended date to file most tax returns. In addition, the IRS may postpone tax payments that have either an original or extended due date that falls on or after the start of the disaster, and on or before the date of the extension. Additionally, the IRS can postpone periods in which to make contributions to, and distributions from, a qualified retirement plan, as well as recharacterization and rollover elections. Other actions that the IRS can postpone include the filing of a petition with the Tax Court, filing a claim for credit or refund, as well as bringing suit on a claim for credit or refund.

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record that is located in the designated disaster area. As such, taxpayers need not contact the IRS requesting relief. In some instances, the IRS will also waive late-deposit penalties for federal payroll and excise tax deposits. However, taxpayers who receive late filing or late payment penalty notices should call the number located on the notice to have the penalty abated.

The most significant assistance that the IRS can afford those taxpayers affected by natural disasters is through the casualty loss deduction. Affected taxpayers in federally declared disaster areas are given the option of claiming disaster-related casualty losses on their federal income tax return for the year in which the event occurred, or the prior year, but in any case, not in more than one tax year. On October 13, the IRS issued final and temporary regs, as well as a revenue procedure that extends the due date by which a taxpayer may make a Code Sec. 165 disaster loss election.

The temporary regs has extended the due date for making a disaster loss election to six months after the due date for filing the taxpayer’s federal income tax return for the disaster year, which is determined without regard to any filing extension. The IRS provided guidance, in the form of Rev. Proc. 2016-53, along with the regs that provide the procedures and requirements for how a taxpayer makes or revokes the election.

Storm Preparation

In efforts to encourage taxpayers to be proactive in planning for storms and other natural disasters, the IRS released guidance advising taxpayers as to steps they can take before disaster strikes. Employers who use payroll service providers are advised to ask the provider if it has a fiduciary bond. Such a bond protects the employer in the event of default by the payroll service provider in the wake of a natural disaster. In addition, the IRS advised that taxpayers should have an updated disaster plan. In addition, taxpayers should keep a duplicate set of key documents including bank statements, tax returns, identifications and insurance policies. Taxpayers are encouraged to photograph or videotape the contents of their home, as this makes it easier to quickly claim any available insurance and tax benefits after disaster strikes.

Additionally, the IRS makes every effort to ensure that taxpayers can access their previous-filed tax returns. Taxpayers can request copies of previously-filed tax returns and attachments, to include Form W-2, by filing Form 4506, Request for Copy of Tax Return. Taxpayers may also request transcripts showing most line items on these returns by ordering through the Get Transcript link on www.irs.gov, by calling 1-800-908-9946, or by using Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript or Form 4506-T, Request for Transcript of Tax Return.

The ACA created Code Sec. 5000A. Individuals must have minimum essential health insurance coverage, qualify for a health coverage exemption, or make an individual shared responsibility payment. Minimum essential coverage includes most government-sponsored health care programs, such as Medicaid, Medicare, and TRICARE.  Eligible employer-sponsored plans; individual market plans, including plans obtained through the ACA Heath Insurance Marketplace, and grandfathered plans provide minimum essential coverage.

The ACA created Code Sec. 5000A. Individuals must have minimum essential health insurance coverage, qualify for a health coverage exemption, or make an individual shared responsibility payment. Minimum essential coverage includes most government-sponsored health care programs, such as Medicaid, Medicare, and TRICARE.  Eligible employer-sponsored plans; individual market plans, including plans obtained through the ACA Heath Insurance Marketplace, and grandfathered plans provide minimum essential coverage.

The ACA also provided that certain types of coverage are not treated as minimum essential coverage. These benefits are known as “excepted benefits.”

There are a number of types of excepted benefits for ACA purposes. They include (not an exhaustive list):

• Coverage only for accident, including accidental death and dismemberment;
• Disability income insurance;
• Liability insurance, including general liability insurance and automobile liability insurance;
• Coverage issued as a supplement to liability insurance;
• Workers' compensation or similar insurance;
• Automobile medical payment insurance;
• Credit-only insurance, such as, mortgage insurance; and 
• Coverage for on-site medical clinics

Additionally, the ACA created a number of health insurance market reforms.  These reforms impose new minimum requirements related to coverage, premiums, benefits, cost sharing, and consumer protections. Generally, health plans must comply with the market reforms. The market reforms generally affect insurance offered to groups and individuals. The market reforms generally do not apply to excepted benefits.

After passage of the ACA, questions arose if Employee Assistance Programs (EAPs) were excepted benefits. EAPs are programs offered by employers, which frequently provide a wide-ranging set of benefits. Benefits may include referral services and short-term substance use disorder or mental health counseling, as well as financial counseling and legal services. They are typically available free of charge to employees and are often provided through third-party vendors. The IRS has issued guidance, explaining that generally EAPs are excepted benefits.

Please contact our office for more details about excepted benefits and the ACA.

The Tax Code is among the most complex of all federal statutes. To explain the Code, the IRS issues guidance. Recently, the IRS has used the “Frequently Asked Question (FAQ)” format to explain some of the tax laws. At the same time, questions have arisen about the FAQs. May taxpayers rely on them like other types of IRS guidance? 

The Tax Code is among the most complex of all federal statutes. To explain the Code, the IRS issues guidance. Recently, the IRS has used the “Frequently Asked Question (FAQ)” format to explain some of the tax laws. At the same time, questions have arisen about the FAQs. May taxpayers rely on them like other types of IRS guidance? 

Guidance

Congress has authorized the IRS to “prescribe all needful rules and regulations for the enforcement of” the Tax Code. Traditionally, the IRS has communicated its interpretation of the tax laws through published guidance, including regulations, revenue rulings, revenue procedures, notices, and announcements. These items are published in the Internal Revenue Bulletin (IRB). Taxpayers may rely on guidance published in the IRB.

The IRS has explained that its policy is to publish in the IRB all substantive issues and answers necessary to promote a uniform application of the tax laws. According to the Government Accountability Office (GAO), each annual volume of the IRB contains about 2,000 pages of tax regulations and other guidance items. The GAO reviewed the IRS’s guidance process in September in a special report.

FAQs

A quick search of the IRS website reveals FAQs on a host of subjects. The IRS has posted extensive FAQs about the Affordable Care Act. These FAQs cover topics such as the employer mandate, the premium assistance tax credit, minimum essential health coverage and more. Many FAQs also discuss reporting and disclosure requirements under the Foreign Account Tax Compliance Act (FACTA). Many topics in the tax law have a set of FAQs posted on the IRS website.

Sometimes, FAQs are published by the IRS in the IRB. These FAQs are authoritative because guidance published in the IRB is binding on IRS and can be relied upon by taxpayers as authoritative. One example, the GAO noted, was guidance issued by the IRS on virtual currency several years ago.

However, many FAQs are not published in the IRB. They may only appear on the IRS website. The GAO discovered that limitations on using these FAQs are not always explained to taxpayers. Sometimes, the IRS has posted a disclaimer alerting taxpayers that a particular set of FAQs are not authoritative. GAO found, however, that the IRS does not always post a disclaimer with every set of FAQs.

GAO recommended that the IRS provide more clarity about FAQs. The IRS could, for example, post some explanatory language to help taxpayers understand what type of IRS information is considered authoritative and reliable as precedent for a taxpayer’s facts and circumstances. The IRS generally agreed with the GAO’s recommendations and indicated that it will consider ways to communicate any limitations on information provided to the public.

With the soaring cost of college tuition rising on a yearly basis, tax-free tuition gifts to children and grandchildren can help them afford such an expensive endeavor, as well as save the generous taxpayers in gift and generation skipping taxes. Under federal law, tuition payments that are made directly to an educational institution on behalf of a student are not considered to be taxable gifts, regardless of how large, or small, the payment may be.

With the soaring cost of college tuition rising on a yearly basis, tax-free tuition gifts to children and grandchildren can help them afford such an expensive endeavor, as well as save the generous taxpayers in gift and generation skipping taxes. Under federal law, tuition payments that are made directly to an educational institution on behalf of a student are not considered to be taxable gifts, regardless of how large, or small, the payment may be.

Code Sec. 2503(e) allows taxpayers the benefit of an unlimited gift tax exclusion for payment of tuition to colleges for students. In this way, a taxpayer can navigate around the annual gift tax exclusion limit. By so doing, a taxpayer can both give an unlimited amount of money for a student’s tuition costs without incurring a gift tax penalty. In addition, a taxpayer can then directly provide that same student with an outright cash gift up to the annual gift tax exclusion amount, without a tax penalty for doing so.

However, a direct tuition payment might prompt a college to reduce any potential grant award in your grandchild's financial aid package, so make sure to ask the college about the financial aid impact of your gift.

Requirements

In order to qualify for the gift tax exclusion, the tuition payments must be made directly to a qualifying organization, which is defined in Code Sec. 170(b). A qualifying organization is an institution that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. Therefore, such organizations are not limited to colleges and universities, but may include various types and levels of education institutions.

The donor of the gift of tuition does not have to be related to the beneficiary for the gift to be considered tax-free. However, the tuition must be directly paid to the institution. The donee may be enrolled either part-time or full-time. 

Amounts ineligible for exclusion

Of important note, reimbursements for tuition paid by someone else is ineligible for tax-free gift exclusion treatment. Further, a transfer to an irrevocable trust established to pay tuition expenses of trust beneficiaries does not qualify for the unlimited exclusion, even if the trustee makes payments directly to the educational institution. In addition, amounts paid for fees, books, supplies or the donee’s living expenses while in school do not qualify for tax-free treatment.

Any contribution to a qualified tuition program on behalf of a designated beneficiary, as well as any contribution to a Coverdell Education Savings Account, is a completed gift of a present interest eligible for the annual gift tax exclusion at the time the contribution is made. However, such contributions are not treated as qualified transfers that are eligible for the educational expense unlimited gift tax exclusion.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of November 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of November 2016.

November
Employers. During November, ask employees whose withholding allowances will be different in 2017 to fill out a new Form W4 or Form W4(SP). 

November 2
Employers. Semi-weekly depositors must deposit employment taxes for Oct 26–Oct 28. 

November 4
Employers. Semi-weekly depositors must deposit employment taxes for Oct 29–Nov 1. 

November 9
Employers. Semi-weekly depositors must deposit employment taxes for Nov 2–Nov 4. 

November 10
Employees who work for tips. Employees who received $20 or more in tips during October must report them to their employer using Form 4070.
Employers. File Form 941 for third quarter of 2016 only if the tax was previously deposited timely, properly and in full. 

November 14
Employers. Semi-weekly depositors must deposit employment taxes for Nov 5–Nov 8. 

November 15
Employers. For those to whom the monthly deposit rule applies, deposit employment taxes and nonpayroll withholding for payments in October. 

November 16
Employers. Semi-weekly depositors must deposit employment taxes for Nov 9–Nov 11. 

November 18
Employers. Semi-weekly depositors must deposit employment taxes for Nov 12–Nov 15. 

November 23
Employers. Semi-weekly depositors must deposit employment taxes for Nov 16–Nov 18. 

November 28
Employers. Semi-weekly depositors must deposit employment taxes for Nov 19–Nov 22. 

November 30
Employers. Semi-weekly depositors must deposit employment taxes for Nov 23–Nov 25. 

December 2
Employers. Semi-weekly depositors must deposit employment taxes for Nov 26–Nov 29. 

December 7
Employers. Semi-weekly depositors must deposit employment taxes for Nov 30–Dec 2.

As lawmakers prepared to recess for November elections, they also passed several tax-related bills in September. The bills addressed IRS operations, deductions, and more. At the same time, House and Senate negotiators reached an agreement to avoid a federal government shutdown, including the IRS, after the end of the current fiscal year.

As lawmakers prepared to recess for November elections, they also passed several tax-related bills in September. The bills addressed IRS operations, deductions, and more. At the same time, House and Senate negotiators reached an agreement to avoid a federal government shutdown, including the IRS, after the end of the current fiscal year. 

IRS operations

Banks and other financial institutions must report any financial transaction that involves more than $10,000 in cash. Taxpayers may attempt to circumvent this requirement by conducting a series of smaller transactions instead of a single transaction. This is known as “structuring.” The IRS’s activities to counter structuring have generated controversy in recent years.

In September, the House passed the RESPECT Act (HR 5523), which prohibits the IRS from seizing money from taxpayers who circumvent the reporting requirements unless the IRS proves that the money was connected to a crime. The IRS will still be able to seize funds connected to illegal activities, such as money laundering and narcotics trafficking.

Olympic medals and prizes

Before the summer Olympics, lawmakers from both parties introduced bills to exempt Olympic medals and prizes (as well as Paralympic medals and prizes) from federal taxation. In September, the House approved the United States Appreciation for Olympians and Paralympians Act (HR 5946), which excludes from gross income, for income tax purposes, the value of any medal or prize money received on account of competition in the Olympic Games or Paralympic Games, subject to certain limitations.

Deductions

Under current law, taxpayers generally are allowed an immediate deduction for the cost of replanting diseased trees. In September, the House approved legislation targeted to citrus farmers. The Emergency Citrus Disease Response Act (HR 3957) allows a full deduction in the current tax of the cost of replanting lost or damaged citrus plants. The taxpayer must own an equity interest of at least 50 percent in the replanted plants and may deduct costs paid or incurred through 2025.

Federal employees

The House Oversight Committee approved legislation to allow federal employees to use transit benefits for ride-sharing. The Transit Benefits Modernization Act (HR 6008) creates a pilot program for federal employees living in the Washington, D.C. area. The pilot program for ride-sharing would run through the end of 2018.

Pending legislation

At press time, the House was poised to approve several other tax-related bills, including:

• Stop Taxing Death and Disability Act (H.R. 5204), which would provide an exclusion from income for student loan forgiveness for students who have died or become disabled.
• Nuclear Production Tax Credit Act (HR 5879), which would modify the tax credit for production from advanced nuclear power facilities
• Helping Ensure Accountability, Leadership, and Transparency in Tribal Healthcare (HEALTTH) Act (H.R. 5406), which clarifies the exclusion from gross income for payments made under Indian Health Service Loan Repayment Program.

Stop-gap spending bill

At press time, Congress was poised to approve a continuing resolution to fund the federal government, including the IRS, through mid-December. The continuing resolution would generally fund the IRS at current levels. Congress has been unable to agree on a fiscal year (FY) 2017 budget for the IRS.

As January 2017 approaches, lawmakers will likely pass an omnibus spending bill to cover all federal agencies for the remainder of the 2017 fiscal year, rather than individual spending bills. A year-end omnibus spending bill could extend some tax extenders, especially energy tax breaks, which are scheduled to expire after 2016.

If you have any questions about these tax bills or any pending tax legislation, please contact our office.

An early glimpse at the income tax picture for 2017 is now available. The new information includes estimated ranges for each 2017 tax bracket as well as projections for a growing number of inflation-sensitive tax figures, such as the tax rate brackets, personal exemption and the standard deduction. Projections – made available by Wolters Kluwer Tax & Accounting US – are based on the relevant inflation data recently released by the U.S. Department of Labor. The IRS is expected to release the official figures by early November. Here are a few of the more widely-applicable projected amounts: 

An early glimpse at the income tax picture for 2017 is now available. The new information includes estimated ranges for each 2017 tax bracket as well as projections for a growing number of inflation-sensitive tax figures, such as the tax rate brackets, personal exemption and the standard deduction. Projections – made available by Wolters Kluwer Tax & Accounting US – are based on the relevant inflation data recently released by the U.S. Department of Labor. The IRS is expected to release the official figures by early November. Here are a few of the more widely-applicable projected amounts:

Tax Brackets

For 2017, for married taxpayers filing jointly and surviving spouses, the maximum taxable income for the:

• 10-percent bracket is $18,650, (up from $18,550 for 2016);
• 15-percent tax bracket, $75,900 (up from $75,300 for 2016);
• 25-percent tax bracket, $153,100 (up from $151,900 for 2016);
• 28-percent tax bracket, $233,350 (up from $231,450 for 2016);
• 33-percent tax bracket, $416,700 (up from $413,350 for 2016);
• 35-percent tax bracket, $470,700 (up from $466,950 for 2016); and
• 6 percent for all taxable income above that 35-percent bracket’s maximum income level.

For heads of household, the maximum taxable income for the:

• 10-percent bracket is $13,350 (up from $13,250 for 2016);
• 15-percent tax bracket, $50,800 (up from $50,400 for 2016);
• 25-percent tax bracket, $131,201 (up from $130,150 for 2016);
• 28-percent tax bracket, $212,500 (up from $210,800 for 2016);
• 33-percent tax bracket, $416,700 (up from $413,350 for 2016);
• 35-percent tax bracket, $446,700 (up from $441,000 for 2016);
• 6 percent for all taxable income above that 35-percent bracket’s maximum income level.

For unmarried, single filers who are not heads of household or surviving spouses, the maximum taxable income for the:

• 10-percent bracket is $9,325 (up from $9,275 for 2016);
• 15-percent tax bracket, $37,950 (up from $37,650 for 2016);
• 25-percent tax bracket, $91,900 (up from $91,150 for 2016);
• 28-percent tax bracket, $191,650 (up from $190,150 for 2016);
• 33-percent tax bracket, $416,700 (up from $413,350 for 2016);
• 35-percent tax bracket, $418,400 (up from $415,050 for 2016); and
• 6 percent for all taxable income above that 35-percent bracket’s maximum income level.

For married taxpayers filing separately, the maximum taxable income for the:

• 10-percent bracket is $9,325 (up from $9,275 for 2016);
• 15-percent tax bracket, $37,950 (up from $37,650 for 2016);
• 25-percent tax bracket, $76,550 (up from $75,950 for 2016);
• 28-percent tax bracket, $116,675 (up from $115,725 for 2016);
• 33-percent tax bracket, $208,350 (up from $206,675 for 2016);
• 35-percent tax bracket, $235,350 (up from $233,475 for 2016); and
• 6 percent for all taxable income above that 35-percent bracket’s maximum income level.

Standard Deduction

The 2017 standard deduction will rise $50, to $6,350 for single taxpayers. For married joint filers, the standard deduction will rise $100, to $12,700. For heads of household, the standard deduction will rise to $9,350, up from $9,300 for 2016. The additional standard deduction for blind and aged married taxpayers will remain at $1,250. For unmarried taxpayers who are blind or aged, the amount of the additional standard deduction will also remain the same ($1,550).

For 2017 the so-called "kiddie" deduction used on the returns of children claimed as dependents on their parents’ returns remains $1,050 or $350 plus the individual’s earned income.

Personal Exemptions

The personal exemption will be $4,050 for 2017, the same as for 2016. The phaseout of the personal exemption for higher-income taxpayers will begin after taxpayers pass the same income thresholds set forth for the limitation on itemized deductions.

Limitation on Itemized Deductions

For higher-income taxpayers who itemize their deductions, the limitation on itemized deductions will be imposed as follows:

• For married couples filing joint returns or surviving spouses, the income threshold will begin to phase out at income over $313,800, up from $311,300 for 2016.
• For heads of household, the beginning threshold will be $287,650 in 2016, up from $285,350 for 2016.
• For single taxpayers, the beginning threshold will be $261,500, up from $259,400 for 2016.
• For married taxpayers filing separate returns, the 2016 threshold will be $156,900, up from $155,650 for 2016.

Estate and Gift Tax

Gift Tax. The 2017 gift tax annual exemption will remain the same as for 2016, at $14,000.

Estate Tax. The estate and gift tax applicable exclusion will increase from $5,450,000 in 2016 to $5,490,000 in 2017.

Gifts to Noncitizen Spouses. The first $149,000 of gifts made in 2017 to a spouse who is not a U.S. citizen will not be included in taxable gifts, up $1,000 from $148,000 for 2016.

AMT Exemptions

The American Taxpayer Relief Act of 2012 provided for the annual inflation adjustment of the exemption from alternative minimum tax (AMT) income. Previously, this inflation adjustment had to be enacted by Congress each year. For 2017, the AMT exemption for married joint filers and surviving spouses is projected to be $84,500 (up from $83,800 for 2016). For heads of household and unmarried single filers, the exemption will be $54,300 (up from $53,900 for 2016). For married separate filers, the exemption will be $42,250 (up from $41,900 for 2016).

It’s not too early to get ready for year-end tax planning. In fact, many strategies take time to set up in order to gain maximum benefit. Here are some preliminary considerations that may help you to prepare.

It’s not too early to get ready for year-end tax planning. In fact, many strategies take time to set up in order to gain maximum benefit. Here are some preliminary considerations that may help you to prepare.

Gather your data. One major reason for planning towards year’s end is that you usually now have a clearer picture of what your total income and deductions will look like for the entire year. From those estimates, you may want to do some planning to accelerate or defer income and/or deductions in a way that can lower your overall tax bill for this year and next. To do that effectively, however, you need to take inventory of your year-to-date income and deductions, as well as take a look ahead at likely events through December 31, 2016, that may impact on that tally. Since you’ll need to eventually gather this data for next year’s tax return, you can double-down on the benefits of doing so now.

Personal changes. Changes in your personal and financial circumstances – marriage, divorce, a newborn, a change in employment, investment successes and downturns – should all be noted for possible consideration as part of overall year-end tax planning. A newborn, for example, may not only entitle the proud parents to a dependency exemption, but also a child tax credit and possible child care credit as well. Also, as with any ‘life-cycle” change, your tax return for this year may look entirely different from what it looked like for 2015. Accounting for that difference now, before year-end 2016 closes, should be an integral part of your year-end planning.

New developments. Recent tax law changes – whether made by legislation, the Treasury Department and IRS, or the courts –should be integrated into specific to 2016 year-end plan. A strategy-focused review of 2016 events includes, among other developments:

• the PATH Act (including those handful of extended provisions that will expire before 2017, as well as longer-extended changes to bonus depreciation and expensing rules);
• new de minimis and remodel-refresh safe harbors within the ground-breaking and far-reaching “repair regulations;”
• the definition of marriage as applied by new IRS guidance;
• growing interest by the IRS in the liabilities and responsibilities of participants within the “sharing economy”;
• changing responsibilities of individuals and employers under revised rules within the Affordable Care Act; and
• the impact of recent Treasury Department regulations, including those affecting certified professional employer organizations, late rollover relief, changes to deferred compensation plans, partial annuity payment options from qualified plans, and more. 

Timing. Once December 31, 2016 has come and gone, there is very little that you can do to lower your tax bill for 2016. True, there are some retirement plan contributions made early in 2017 that may count to offset 2016 liabilities and some accounting-oriented elections may be made when filing a 2016 return. But those opportunities are limited, with much greater potential savings on most fronts available if action is taken by December 31. For business taxpayers, one of many planning points to keep in mind: a deduction for equipment is not allowed until it is “placed into service” within the business operations; purchasing it is not enough.

Many taxpayers realize significant tax from year-end tax planning. If you wish to explore further whether you might benefit, please feel free to contact our offices.

Federal tax law allows taxpayers to exclude from income “qualified transportation fringe benefits.” Included in this category of benefits are van pools.

Federal tax law allows taxpayers to exclude from income “qualified transportation fringe benefits.” Included in this category of benefits are van pools 

There are three types of van pools for federal tax purposes:

• Employer-operated van pool. In an employer-operated van pool, the employer either purchases or leases vans to enable employees to commute together to the employer’s place of business or the employer contracts with and pays a third party to provide the vans and pays some or all of the costs of operating the vans.
• Employee-operated van pool. In an employee-operated van pool, the employees, independent of their employer, operate a van to commute to their places of employment.
• Private or public transit-operated van pool. In a private or public transit-operated van pool, public transit authorities or a person in the business of transporting persons for compensation or hire owns or operates the van pool.

Not all vehicles are treated the same for purposes of federal tax rules. A “commuter highway vehicle” is a vehicle that has a seating capacity of at least six adults (not including the driver). Additionally, at least 80 percent of the mileage use can reasonably be expected to be:

• For transporting employees between their residences and their place of employment
• Used on trips during which the number of employees transported for such purposes is at least 50 percent of the adult seating capacity (not including the driver)

These requirements are commonly called the “80/50 rule.” The IRS has explained that the 80/50 rule does not require that the employee use the van pool at least 50 percent of the time. Rather, the 80/50 rule requires that riders in the van pool fill at least 50 percent of the adult seating capacity, not including the driver.

Van pools that are employer-operated and employee-operated must comply with the 80/50 rule, the IRS has explained. If they do not, then riders risk losing any tax benefits. The 80/50 rule does not apply to private or public transit-operated van pools; however, they are subject to other requirements.

Note. Many factors may come into play in determining if a van pool is an employer-operated, employee-operated or private/public transit authority van pool. These factors include who determines the route the van takes as well as who determines the boarding and discharge times and locations. Keep in mind that employers have significant leeway in designing a vanpool program. An employer may offer, for example, a guaranteed ride home option, which is not a requirement under the federal tax laws. Please contact our office for more details about van pooling and federal tax benefits.

A federal tax lien on real or personal property may be terminated or altered in the following ways:

A federal tax lien on real or personal property may be terminated or altered in the following ways:

• The IRS must release a tax lien if the IRS determines that the tax liability has been paid or is legally unenforceable.
• The IRS has discretion to discharge specific property from a tax lien in certain circumstances.
• The IRS may withdraw a notice of federal tax lien even though the lien has not been paid or satisfied, in certain circumstances.
• The IRS may subordinate tax liens in certain circumstances.
• The IRS may issue a certificate of non-attachment.

In some cases, a federal tax lien can be made secondary to another lien, such as a lending institution’s lien. This is known as subordination of the federal tax lien. The IRS may issue a certificate of subordination to a federal tax lien. This certificate of subordination allows a named creditor to move its junior creditor position ahead of the government’s position for the property named in the certificate.

Generally, IRS guidelines instruct that the agency must exercise good judgment in weighing the risks and deciding whether to issue a certificate of subordination and subordinate a federal tax lien. This exercise of judgment is similar to the decision that an ordinarily prudent business person would make in deciding whether to subordinate his or her rights in a debtor's property in order to secure additional long run benefits.

Subordination has occurred in cases where, for example, a taxpayer’s mortgage lender is offering refinancing or a workout. Without lien subordination, taxpayers may be unable to borrow funds or reduce their payments. Lending institutions generally want their lien to have priority on the home being used as collateral. The IRS may also consider subordination in other cases.

Subordination does not remove a federal tax lien. The lien remains in place. Keep in mind also that the IRS has discretion whether to accept or reject subordination of a federal tax lien.

Please contact our office if you have any questions about subordination of a federal tax lien or federal tax liens in general.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of October 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of October 2016. 

October 5

Employers. Semi-weekly depositors must deposit employment taxes for Sept 28–Sept 30.

October 7

Employers. Semi-weekly depositors must deposit employment taxes for Oct 1–Oct 4.

October 11

Employees who work for tips. Employees who received $20 or more in tips during September must report them to their employer using Form 4070.

October 13

Employers. Semi-weekly depositors must deposit employment taxes for Oct 5–Oct 7.

October 14

Employers. Semi-weekly depositors must deposit employment taxes for Oct 8–Oct 11.

October 17

Individuals. Individuals with automatic 6-month extensions file Form 1040, 1040A, or 1040EZ, and pay any tax, interest, and penalties due.

Electing Large Partnerships. Electing large partnerships that obtained a 6-month extension file Form 1065-B.

Employers. For those to whom the monthly deposit rule applies, deposit employment taxes and nonpayroll withholding for payments in September.

October 19

Employers. Semi-weekly depositors must deposit employment taxes for Oct 12–Oct 14.

October 21

Employers. Semi-weekly depositors must deposit employment taxes for Oct 15–Oct 18.

October 26

Employers. Semi-weekly depositors must deposit employment taxes for Oct 19–Oct 21.

October 28

Employers. Semi-weekly depositors must deposit employment taxes for Oct 22–Oct 25.

October 31

Employers. File Form 941 for third quarter of 2016 and deposit or pay any undeposited tax. Pay tax liability in full with timely filed return if less than $2,500. If the tax for the quarter was deposited timely, properly, and in full, deadline to file Form 941 is November 10.

Employers. Deposit federal unemployment tax owed through September if more than $500.

Certain Small Employers. Deposit any undeposited tax if tax liability is $2,500 or more for 2016 but less than $2,500 for the third quarter.

November 2

Employers. Semi-weekly depositors must deposit employment taxes for Oct 26–Oct 28.

November 4

Employers. Semi-weekly depositors must deposit employment taxes for Oct 29–Nov 1.

Every four years, Congress returns to work after a summer recess and is overshadowed by the looming presidential election. This year is no exception with taxpayers and lawmakers focused on Election Day, November 8. In the meantime, however, lawmakers have almost two months to take up legislation left pending when they recessed in July. Included on their agenda are many tax-related bills, potentially impacting individuals, businesses and others.

Every four years, Congress returns to work after a summer recess and is overshadowed by the looming presidential election. This year is no exception with taxpayers and lawmakers focused on Election Day, November 8. In the meantime, however, lawmakers have almost two months to take up legislation left pending when they recessed in July. Included on their agenda are many tax-related bills, potentially impacting individuals, businesses and others.

Small businesses

Just before recessing, the House passed a much-watched bill, the Small Business Health Care Relief Bill (HR 5447). The bill is intended to provide relief to small businesses that have traditionally used Health Reimbursement Arrangements (HRAs) to reimburse employees for health care expenses. After Congress passed the Affordable Care Act (ACA), the IRS determined that these arrangements did not satisfy the new law’s market reforms. As a result, small business could be liable for significant penalties. The IRS offered temporary penalty relief but left it up to Congress to make a permanent fix.

The Senate is expected to address this issue before year-end. The Senate may take up the House bill or approve its own version. Our office will keep you posted as developments move forward.

IRS seizures and forfeitures

Structuring is the practice of conducting financial transactions in a specific pattern intended to avoid the creation of certain records and reports required by the Bank Secrecy Act (BSA) and other federal laws. The IRS’s approach to structuring in recent years has generated controversy. The agency has viewed structuring cases as generated from funds associated with legal source income and funds associated from illegal source income, such as money laundering and narcotics trafficking. In June, the IRS announced a special refund procedure for taxpayers whose assets were forfeited because they were involved in “legal source” structuring.

Pending before the House is the Clyde-Hirsch-Sowers RESPECT bill (HR 5523). The bill would codify the IRS’s current policy. The bill would limit the IRS’s authority in conducting civil asset seizure and forfeiture relating to structuring transactions defined by the Bank Secrecy Act. Unless the property in question originated from an illegal source or was purposely structured to conceal criminal violations or regulations, the IRS would no longer be authorized to seize the property. The House is expected to take up the bill before year-end.

Tax reform

House Ways and Means Chair Kevin Brady, R-Texas, unveiled a Blueprint for Tax Reform before the summer recess. The blueprint set forth some broad principles for tax reform including consolidating the current seven individual income tax rates into three; repealing the alternative minimum tax (AMT) for individuals, increasing the child tax credit; and reducing the corporate tax rate. Brady may unveil legislation before Election Day or wait until the lame-duck session or until 2017. Our office will keep you posted of developments.

Tax extenders

Just like last year, a number of temporary tax incentives (known as tax extenders) are scheduled to expire after December 31, 2016. Unlike last year, the list of expiring incentives is shorter, thanks to the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). The PATH Act made permanent many of the temporary breaks, including the American Opportunity Tax Credit (AOTC), the teachers’ classroom expense deduction and the research tax credit.

However, many other popular breaks remain temporary. For individuals, these include the tuition and fees deduction, the Code Sec. 25C residential energy property credit, and the mortgage debt exclusion. For businesses, these include the Indian employment credit, the energy efficient commercial building deduction, and special expensing rules for film and television productions. Congress has traditionally taken up the extenders in year-end legislation and this year will likely be the same.

Please contact our office if you have any questions about these or other pending federal tax bills.

The IRS launched new online resources for service providers and participants in the sharing economy. Advances in telecommunications have fueled the growth of the sharing economy. More and more consumers are connecting with service providers for shared car services, apartments and rooms for short-term rentals, and some employment opportunities.

The IRS launched new online resources for service providers and participants in the sharing economy. Advances in telecommunications have fueled the growth of the sharing economy. More and more consumers are connecting with service providers for shared car services, apartments and rooms for short-term rentals, and some employment opportunities.

Tax issues

Taxation in the shared economy came to Congress’ attention earlier this year when National Taxpayer Advocate Nina Olson told lawmakers that many service providers were unaware of their tax obligations. According to Olson, more than 40 percent of service providers in the sharing economy were unaware of possible estimated tax requirements. Many service providers had failed to set aside funds to pay their tax obligations, Olson added.

Olson urged the IRS to expand its presence in the sharing economy, including the creation of a dedicated web page, online tools such as a mileage log app and an estimated tax payment calculator, to assist taxpayers in the sharing economy and improve compliance with the tax laws. The IRS responded in August with a dedicated webpage for the sharing economy.

New web resources

The new online Sharing Economy Resource Center contains links to more information about income taxation and withholding, filing requirements, estimated tax payments, rental income, and more, including depreciation, business expenses, and employment taxes.

The IRS reminded taxpayers that income received is generally taxable, even if the recipient does not receive a Form 1099, W-2 or some other income statement. This is true if the sharing economy activity is only part-time or a sideline business and even if the recipient is paid in cash, the IRS highlighted on its webpage.

Special rules generally apply to the rental of a home, apartment or other dwelling unit that is used by the taxpayer as a residence, the IRS explained. Generally, rental income must be reported in full, any expenses need to be divided between personal and business purposes and special deduction limits apply. However, special rules apply if the dwelling unit is rented out fewer than 15 days during the year.

If you have any questions about the sharing economy and federal tax rules, please contact our office.

IR-2016-110

The IRS has released draft forms for Affordable Care Act (ACA) reporting under Code Secs. 6055 and 6056 for tax year (TY) 2016. These draft forms reflect changes from the forms used for TY 2015 and will likely reflect what compliance under the final version will entail.

The IRS has released draft forms for Affordable Care Act (ACA) reporting under Code Secs. 6055 and 6056 for tax year (TY) 2016. These draft forms reflect changes from the forms used for TY 2015 and will likely reflect what compliance under the final version will entail.

Under the ACA, health insurance issuers or sponsors have reporting requirements that they must meet. These requirements mandate that applicable large employers (ALEs), are to provide the IRS with information about the health insurance coverage that they either provide or offer to their employees. This information must be filed annually. For the 2016 tax year, the deadline to file is no later than February 28, 2017 for paper filing, and March 31, 2017 for electronic filing.

ALEs are to use Form 1094-C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns, to report an employer’s summary information to the IRS, as well as to transmit Forms 1095-C to the IRS. In addition, ALEs, use Form 1095-C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns, to report specific information about each employee to the IRS.

The 2016 draft instructions provide that unlike for 2015 reporting, transition relief is limited with respect to Code Sec. 4980H. For TY 2016, transition relief is only applicable if the ALE, or any member of an ALE member’s aggregated ALE group, offers coverage under a health plan with a plan year beginning on a date other than January 1, and only for calendar months in 2016 that fall within the 2016 plan year.

In addition, draft instructions also provide that each ALE Member in an Aggregated ALE Group under common control must file its own Forms 1094-C and 1095-C using its own separate employer identification number even if the ALE member has fewer than 50 full-time employees. For TY 2016, No Authoritative Transmittal should be filed for an Aggregated ALE Group.

The Form 1094-C and 1095-C have also received the following changes.

• Form 1094-C explicitly makes clear that the definition of full-time employee is the one provided under Code Sec. 4980H;
• Qualifying Offer Method Transition Relief has been deleted from Form 1094-C, as it is no longer applicable for 2016;
• For Form 1095-C, two new codes, 1J and 1K, have been added to indicate conditional offers of coverage made to an employee’s spouse;
• On Form 1095-C, Code 1I, Qualifying Offer Transition Relief 2015, has been removed; Form 1095-C added language to inform individuals that Form 1095-C should not be submitted with income tax returns.

The IRS has issued temporary regulations (T.D. 9780) that explain how a partnership can opt in to the new partnership audit regime that was enacted in the Bipartisan Budget Act of 2015 (BBA). As enacted, the new audit rules will apply to partnership returns filed for tax years beginning after December 31, 2017. However, the new law allows partnerships to elect to apply the new audit regime to a return filed for a partnership tax year beginning after November 2, 2015 (the date of enactment of the BBA) and before January 1, 2018. A tax year within this period is identified as an “eligible tax year.”

The IRS has issued temporary regulations (T.D. 9780) that explain how a partnership can opt in to the new partnership audit regime that was enacted in the Bipartisan Budget Act of 2015 (BBA). As enacted, the new audit rules will apply to partnership returns filed for tax years beginning after December 31, 2017. However, the new law allows partnerships to elect to apply the new audit regime to a return filed for a partnership tax year beginning after November 2, 2015 (the date of enactment of the BBA) and before January 1, 2018. A tax year within this period is identified as an “eligible tax year.”

Partnership audits

Under existing law, partnership audits are conducted using the rules provided in the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). Under these rules, the IRS audits and proposes adjustments to partnership returns at the partnership level. As part of the TEFRA rules, the IRS then adjusts each partner’s individual tax liability to reflect the partnership adjustments. The IRS then must collect any increased tax from the individual partners, not the partnership.

In the BBA, Congress totally repealed the TEFRA audit rules, effective January 1, 2018, and replaced them with a new regime. Under the new regime, adjustments to partnership income, gain, loss, deduction or credit are still determined at the partnership level. However, any additional taxes owed are collected from the partnership, not the individual partners. The amount paid by the partnership is referred to as an imputed underpayment.

Opt-in election

A partnership may elect to apply the BBA rules to a tax year before January 1, 2018. Under the temporary regulations, the election becomes available when the IRS first notifies the partnership that it has been selected for an audit for an eligible tax year (“notice of selection for examination”). The partnership must make the election within 30 days of receiving the notice of selection for examination.

Alternatively, a partnership may elect in to the new regime if it files a request for an administrative adjustment (AAR) to change an amount reflected on a return of the partnership or the partners. Otherwise, there is no general right to opt in to the new regime for a tax year before January 1, 2018.

Comment. Whether a partnership under audit should opt in to the new rules may be a difficult decision. The IRS so far has not said much about how the new audit regime will work or how it will calculate the partnership’s tax liability. However, partnerships have found that operating under the TEFRA rules can be “painful,” so they may consider the lack of guidance beneficial and may believe they can negotiate a better deal with the IRS. However, the new rules shift a number of burdens from the IRS to the partnership: notice to partners, obtaining partner agreement to a settlement, and recalculation of adjusted tax liabilities. Furthermore, under the new regime, any imputed underpayment owed by the partnership is calculated at the highest tax rate for the year under review.

Procedure

To make the election, a partnership must submit a statement in writing to the IRS, specifically, to the IRS individual identified in the notice of selection for examination. There is no prescribed form or format for the election. The statement must be signed and dated by the tax matters partner (TMP), the party that, under TEFRA, represents the partnership in dealings with the IRS. The partnership must represent that it is not insolvent, does not expect to go into bankruptcy, and has sufficient assets to pay any imputed underpayment owed by the partnership if the IRS makes an adjustment. The partnership must designate a representative, who under the BBA fulfills the role played by the TMP under TEFRA.

Comment. The IRS expects to issue guidance on the designation of a partnership representative.

The IRS announced in August new procedures for renewing an unused or expired Individual Tax Identification Number (ITIN). The new procedures are scheduled to take effect later this year and will impact 2016 federal individual income tax returns filed in 2017.

The IRS announced in August new procedures for renewing an unused or expired Individual Tax Identification Number (ITIN). The new procedures are scheduled to take effect later this year and will impact 2016 federal individual income tax returns filed in 2017.

PATH Act changes

ITINs are used by individuals who have federal tax filing or payment obligations but who do not have a Social Security number (SSN). Examples of individuals who may use an ITIN include nonresident aliens filing a return, a U.S. resident alien filing a return, a dependent or spouse of a U.S. citizen or resident alien, or a dependent or spouse of a nonresident alien visa holder.

In the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) Congress made some significant changes to the rules for ITINs. Any ITIN issued after December 31, 2012 will expire if not used on a federal return for a period of three consecutive tax years. ITINs issued before 2013 are subject to a rolling expiration schedule.

New procedures

Now, the IRS is starting to issue guidance to reflect the PATH Act’s changes to ITINs. The changes made at this time by the IRS impact two groups of ITIN holders:

Unused ITINs. The first group encompasses people who have not used their ITINs on a federal tax return at all in the last three years. That means they have not been used on a tax return in 2013, 2014 or 2015. The ITINs of individuals in this group expire at the end of 2016. The renewal period for this group of ITIN holders is scheduled to begin October 1, 2016.

Expiring ITINs. The second group is made up of individuals who have an ITIN issued before 2013. These ITINs are scheduled to expire at the end of 2016. The IRS is renewing these ITINs on a rolling basis. The first ITIN holders up for renewal in this group are individuals who have ITINs with middle digits of 78 or 79.

The IRS is encouraging individuals not to renew their ITINs at this time unless they are in either of these two groups. To renew an ITIN, taxpayers complete a Form W-7, Application for IRS Individual Taxpayer Identification Number. Individuals who need to renew their ITINs, and who fail to renew, may face delays in the processing of their returns, the IRS cautioned.

Family option

If an individual has an ITIN middle digit of 78 or 79, he or she can choose to renew the ITINs of all of their family members at the same time starting October 1, 2016. Family members include the tax filer, the filer’s spouse and any dependents claimed on their return.

Other ITIN holders

ITINs with middle digits other than 78 or 79 that have been used within the last three consecutive tax years require no immediate action. The IRS explained that it will accept, and individuals should continue to file, tax returns using these existing ITINs. More information will be released in the future about the renewal process for ITINs with middle digits other than 78 or 79.

If you have any questions about the new IRS procedures for ITINs, please contact our office.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of September 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of September 2016.

September 2

Employers. Semi-weekly depositors must deposit employment taxes for Aug 27–Aug 30.

September 8

Employers. Semi-weekly depositors must deposit employment taxes for Aug 31–Sep 2.

September 9

Employers. Semi-weekly depositors must deposit employment taxes for Sep 3–Sep 6.

September 12

Employees who work for tips. Employees who received $20 or more in tips during August must report them to their employer using Form 4070.

September 14

Employers. Semi-weekly depositors must deposit employment taxes for Sep 7–Sep 9.

September 15

Employers. For those to whom the monthly deposit rule applies, deposit employment taxes and nonpayroll withholding for payments in August.

Corporations. Corporations deposit the third installment of estimated tax for 2016.

Individuals. Individuals deposit the third installment of 2016 estimated tax.

Corporations. Corporations and S corporations with 6-month extensions file 2015 Forms 1120 and 1120S and pay tax due.

Partnerships. Partnerships with 5-month extensions file 2015 Form 1065.

September 16

Employers. Semi-weekly depositors must deposit employment taxes for Sep 10–Sep 13.

September 21

Employers. Semi-weekly depositors must deposit employment taxes for Sep 14–Sep 16.

September 23

Employers. Semi-weekly depositors must deposit employment taxes for Sep 17–Sep 20.

September 28

Employers. Semi-weekly depositors must deposit employment taxes for Sep 21–Sep 23.

September 30

Employers. Semi-weekly depositors must deposit employment taxes for Sep 24–Sep 27.

October 5

Employers. Semi-weekly depositors must deposit employment taxes for Sep 28–Sep 30.

The Democratic and Republican nominating conventions triggered an early recess for Congress. Lawmakers left Capitol Hill in mid-July and are not scheduled to return until September. Before recessing, the House voted to undo part of the Affordable Care Act (ACA) and approved a reduced budget for the IRS. Leading tax writers in the Senate addressed tax-related identity theft and home buying incentives.

The Democratic and Republican nominating conventions triggered an early recess for Congress. Lawmakers left Capitol Hill in mid-July and are not scheduled to return until September. Before recessing, the House voted to undo part of the Affordable Care Act (ACA) and approved a reduced budget for the IRS. Leading tax writers in the Senate addressed tax-related identity theft and home buying incentives.

ACA

Before passage of the ACA, taxpayers could use health flexible spending arrangement (health FSA) dollars to pay for over-the-counter medications. The ACA abolished this treatment, leaving health FSA funds for the purchase prescribed medications with some exceptions. Regularly, bills have been introduced in Congress to go back to the pre-ACA rules for health FSAs but the bills have failed to pass.

This year was different. The House approved in July the Restoring Access to Medication and Improving Health Savings Bill of 2016 (HR 1270). The bill would repeal the prohibition on using health FSA dollars to pay for over-the-counter medication. Repeal would apply to qualified expenditures incurred after December 31, 2016. The Senate did not take up the bill before recessing.

Tax-related identity theft

Tax-related identity theft continues to plague the IRS. The agency has spent significant sums on identifying false returns before fraudulent refunds are paid. In July, Sen. Orrin Hatch, R-Utah, chair of the Senate Finance Committee (SFC), introduced the Stolen Identity Refund Fraud Prevention Bill (Sen 3157). The bill would provide guidelines for the IRS in handling stolen identity refund fraud cases and would increase the criminal penalty for tax-related identity theft. "Protecting taxpayers from bad actors looking to use their identities for fraudulent purposes and enhancing overall taxpayer protections is a priority of the committee," Hatch said.

Homebuyers

Hatch’s colleague on the SFC, Sen. Ron Wyden, D-Oregon, has introduced a bill to create a first-time homebuyer tax credit bill. Several years ago, Congress passed a similar bill to encourage home sales. Wyden’s bill would reward qualified first-time homebuyers with a refundable credit. "The credit would equal 2.5 percent of the home purchase with the maximum credit reached at homes selling for $400,000, Wyden said. The credit would phase-out for higher income taxpayers.

IRS budget

The IRS’s operating budget continues to be a source of friction in Congress. President Obama and Congressional Democrats have called for increased funding for the agency for FY 2017. Congressional Republicans have proposed budget cuts, to bring about, they argue, greater efficiency at the agency. The House approved in July a $10.9 billion IRS budget for FY 2017, more than $1 billion below President Obama’s proposal. The Senate, however, did not take up the IRS’s budget before recessing, although members of the Senate Appropriations Committee proposed keeping the agency’s FY 2017 budget at current levels. In recent years, lawmakers have waited till year-end to approve a budget for the IRS and they may do the same this year, possibly in a year-end tax bill.

Olympic winners

America’s Olympic and Paralympic winners may benefit from a special tax break, if enacted into law. Before recessing, the Senate approved the Olympians and Paralympians Bill (Sen 2650). The bill provides that the value of any medals awarded in, or any prize money received from, competition in the Olympic or Paralympic Games would be exempt from income tax, beginning with the 2016 games. Similar legislation (the Tax Exemption for American Medalists (TEAM) Bill (HR 2628)) has been introduced in the House but no vote has been scheduled.

If you have any questions about these bills or other tax legislation, please contact our office.

The Protecting Americans from Tax Hikes Act of 2015 (PATH Act) accelerated the due date for filing Form W-2, Wage and Tax Statement and Form W-3, Transmittal of Wage and Tax Statements, and any returns or statements required by the IRS to report nonemployee compensation to January 31. The change is scheduled to take effect for returns and statements required to be filed in 2017. At this time, many employers and payroll providers are reprogramming their systems for the accelerated due date.

The Protecting Americans from Tax Hikes Act of 2015 (PATH Act) accelerated the due date for filing Form W-2, Wage and Tax Statement and Form W-3, Transmittal of Wage and Tax Statements, and any returns or statements required by the IRS to report nonemployee compensation to January 31. The change is scheduled to take effect for returns and statements required to be filed in 2017. At this time, many employers and payroll providers are reprogramming their systems for the accelerated due date.

Filing requirements

Every employer engaged in a trade or business who pays remuneration, including noncash payments of $600 or more for the year for services performed by an employee must file a Form W-2 for each employee from whom income, social security, or Medicare tax was withheld or income tax would have been withheld if the employee had claimed no more than one withholding allowance or had not claimed exemption from withholding on Form W-4, Employee's Withholding Allowance Certificate.

Prior to the PATH Act, the deadline for filing Copy A of Form W-2 with the Social Security Administration (SSA) was the last day of February following the calendar year for which the filing is made. The filing deadline was extended to the last day of March for employers that file electronically.

Comment. Under the combined annual wage reporting (CAWR) system, the IRS and the Social Security Administration (SSA) agree to share wage data. Employers submit Form W-2, (listing Social Security wages earned by individual employees), and Form W-3, (providing an aggregate summary of wages paid and taxes withheld) directly to the SSA. After the SSA records the wage information from Forms W-2 and W-3 in its individual Social Security wage account records, SSA forwards the information to the IRS

Revised deadline

Under the PATH Act, the due date has been accelerated to January 31, effective for Forms W-2, W-3 and information returns relating to calendar years beginning after December 18, 2015. The accelerated filing date of January 31 for Forms W-2 and W-3 matches the due date for providing wage statements to employees and written statements to payees receiving nonemployee compensation. One consequence of the PATH Act is that these returns no longer qualify for the extended due date of March 31 for filing electronically.

Penalties

Employers that fail to file a correct Form W-2 by the due date may be subject to a penalty under Code Sec. 6721. Higher penalties apply to returns required to be filed after December 31, 2016 and are indexed for inflation. Forms W-2 with incorrect dollar amounts may be eligible for a new safe harbor for certain minor errors.

If you have any questions about the new filing deadlines, please contact our office.

IRS Chief Counsel recently examined the tax treatment of crowdfunding activities in a new information letter (Information Letter 2016-36). Crowdfunding is a relatively recent phenomenon, used by an individual or entity to raise funds through small individual contributions from a large number of people. The guidance notes that the income tax consequences to a taxpayer of a crowdfunding effort depend on all the facts and circumstances surrounding that effort.

IRS Chief Counsel recently examined the tax treatment of crowdfunding activities in a new information letter (Information Letter 2016-36). Crowdfunding is a relatively recent phenomenon, used by an individual or entity to raise funds through small individual contributions from a large number of people. The guidance notes that the income tax consequences to a taxpayer of a crowdfunding effort depend on all the facts and circumstances surrounding that effort.

In general, Chief Counsel determined, crowdfunding revenues are included in the recipient’s gross income. Code Sec. 61(a) generally provides that gross income includes all income from whatever source derived. However, there are some benefits that a taxpayer receives that are excluded from income because they do not meet the definition of gross income or because a specific exclusion exists.

Chief Counsel observed that money received without an offsetting liability, such as a repayment obligation, that is neither a capital contribution to an entity in exchange for a capital interest in the entity, nor a gift, is included in income. The facts and circumstance surrounding the receipt of crowdfunding revenue must be considered to determine it is income.

Chief Counsel concluded that crowdfunding revenues generally are included in income if they are not (1) loans that must be repaid; (2) capital contributed to an entity in exchange for an equity interest in the entity; or (3) gifts made out of detached generosity and without any “quid pro quo.” Crowdfunding revenues also must generally be included in income to the extent they are received for services rendered or are gains from the sale of property.

Chief Counsel also examined constructive receipt rules in relation to crowdfunding. Income, although not actually reduced to a taxpayer’s possession, is constructively received in the tax year during which it is credited to the taxpayer’s account, set apart for the taxpayer, or otherwise made available. Further, although income is not constructively received if the taxpayer’s control of the income is subject to substantial limitations or restrictions, a self-imposed restriction on the availability of income does not legally defer recognition of that income, Chief Counsel noted.

These are only the specific issues that Chief Counsel addressed in Information Letter 2016-36. As the crowdfunding space develops, more guidance is likely to follow.

A professional employer organization (PEO) is an organization that enters into an agreement with a client to perform, among other tasks, the federal employment tax withholding, reporting, and payment functions related to workers performing services for the client. Effective for wages for services performed on or after January 1, 2016, a certified professional employer organization (CPEO) may be treated, for purposes of employment tax liability, as the sole employer of a worksite employee performing services for a customer of the CPEO for remuneration the CPEO paid to the employee. To become a CPEO, a person must apply with the IRS for CPEO treatment and be certified by the IRS as meeting certain requirements. The IRS began accepting applications for CPEO certification in July 2016.

A professional employer organization (PEO) is an organization that enters into an agreement with a client to perform, among other tasks, the federal employment tax withholding, reporting, and payment functions related to workers performing services for the client. Effective for wages for services performed on or after January 1, 2016, a certified professional employer organization (CPEO) may be treated, for purposes of employment tax liability, as the sole employer of a worksite employee performing services for a customer of the CPEO for remuneration the CPEO paid to the employee. To become a CPEO, a person must apply with the IRS for CPEO treatment and be certified by the IRS as meeting certain requirements. The IRS began accepting applications for CPEO certification in July 2016.

The rules for becoming and maintaining status as a certified professional employer organization (CPEO) are detailed, and include rigorous quarterly and annual reporting requirements. The Treasury Department and the IRS view tax compliance of a CPEO applicant or CPEO, and of its responsible individuals, related entities, and precursor entities, as an important factor in determining whether the CPEO applicant’s or the CPEO’s certification presents a material risk to the IRS’s collection of federal employment taxes. For a failure to comply with quarterly or annual reporting requirements, failure to pay applicable federal, state, or local taxes, or failure to file required tax or information returns as required, the price can be steep: denial of CPEO certification, or suspension or revocation of CPEO status.

An employee or self-employed individual is allowed a deduction for the costs of meals and incidental expenses while traveling away from home for business purposes. The deduction of these costs usually requires the substantiation of the costs. However, there is an optional method provided for these taxpayers that avoids keeping receipts.

An employee or self-employed individual is allowed a deduction for the costs of meals and incidental expenses while traveling away from home for business purposes. The deduction of these costs usually requires the substantiation of the costs. However, there is an optional method provided for these taxpayers that avoids keeping receipts.

The IRS publishes per diem rates that apply to different regions of the United States (See Notice 2015–63 on irs.gov). Taxpayers can use these per diem rates for purposes of calculating the meals and incidental costs deduction and they will be presumed to be substantiated.

The election is made by claiming the amount of the per diem deduction on the taxpayer's timely filed return. The amounts can only be claimed if the taxpayer is prepared to substantiate time, place and purpose of the business travel in accordance with IRS regulations. A separate statement, however, is not required to make this election.

Also note that deductions that an employee claims on his or her tax return due to the fact that his or her employer does not reimburse the employee are taken as itemized deductions and subject to the 2 percent floor for miscellaneous deductions before amounts may be deducted.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of August 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of August 2016.

August 1

Employers. File Form 941, Employer’s Quarterly Federal Tax Return, for the second quarter of 2016 and deposit and pay any tax due.

Employers. Deposit federal unemployment tax if liability through June 30 exceeds $500.

Employers. Deposit any undeposited tax if liability is $2,500 or more for 2016 but less than $2,500 for the second quarter.

Employers. File Form 720 for the second quarter to report and pay liability.

Employers who maintain employee benefit plan. File Form 5500 or 5500-EZ for calendar year 2015.

August 3

Employers. Semi-weekly depositors must deposit employment taxes for Jul 27–Jul 29.

August 5

Employers. Semi-weekly depositors must deposit employment taxes for Jul 30–Aug 2.

August 10

Employers who deposited quarterly employment tax timely. File Form 941 for the second quarter of 2016 if the second quarter employment taxes were previously deposited timely, properly and in full.

Employers. Semi-weekly depositors must deposit employment taxes for Aug 3–Aug 5.

Employees who work for tips. Employees who received $20 or more in tips during July must report them to their employer using Form 4070.

August 12

Employers. Semi-weekly depositors must deposit employment taxes for Aug 6–Aug 9.

August 15

Employers. For those to whom the monthly deposit rule applies, deposit employment taxes and nonpayroll withholding for payments in July.

August 17

Employers. Semi-weekly depositors must deposit employment taxes for Aug 10–Aug 12.

August 19

Employers. Semi-weekly depositors must deposit employment taxes for Aug 13–Aug 16.

August 24

Employers. Semi-weekly depositors must deposit employment taxes for Aug 17–Aug 19.

August 26

Employers. Semi-weekly depositors must deposit employment taxes for Aug 20–Aug 23.

August 31

Employers. Semi-weekly depositors must deposit employment taxes for Aug 24–Aug 26.

September 2

Employers. Semi-weekly depositors must deposit employment taxes for Aug 27–Aug 30.

September 8 

Employers. Semi-weekly depositors must deposit employment taxes for Aug 31–Sep 2.

As Congress August recess nears, lawmakers are moving tax legislation for individuals and businesses. Bills targeted to tax reform, small business tax relief, and more have been introduced and are working their way to votes in the House and Senate. Congress is also grappling with the IRS’s budget for fiscal year (FY) 2017.

As Congress’ August recess nears, lawmakers are moving tax legislation for individuals and businesses. Bills targeted to tax reform, small business tax relief, and more have been introduced and are working their way to votes in the House and Senate. Congress is also grappling with the IRS’s budget for fiscal year (FY) 2017.

Tax Reform

Just before recessing for the Independence Day holiday, House Republicans unveiled a tax reform blueprint. Since January, the House Ways and Means Committee has been exploring different approaches to tax reform. House Ways and Means Chair Kevin Brady, R-Texas, outlined six principles for tax reform:

1. The tax code must be simpler, fairer, and flatter;
2. Loopholes must be closed and special interest provisions eliminated for lower rates for everyone;
3. Businesses of all size must have a fair and competitive tax rate;
4. The current world-wide tax system must be replaced with a permanent, modern, territorial-type system;
5. Reform should be bold, ambitious and pro-growth;
6. A 21st century tax system should not raise taxes to bail out Washington’s spending problem.

The GOP blueprint would consolidate the individual tax rates into three brackets (12, 25 and 33 percent). Additionally, the blueprint would repeal the alternative minimum tax (AMT). The blueprint also calls for a simplified return for individuals.

For businesses, the blueprint would lower the top corporate tax rate to 20 percent. The blueprint also would create a new 25 percent business tax rate for small businesses organized as sole proprietorships or pass-through entities. Tax rates on capital gains and dividends also would be reduced.

House Republicans said they will spend the remainder of 2016 developing the blueprint into legislative proposals. While Republicans likely have enough votes to pass the proposals in the House, they lack the 60 votes needed to pass tax legislation in the Senate. Congress will also be on recess during most of August. Democratic lawmakers in both the House and Senate have been cool to the GOP’s tax reform proposals.

Small businesses

Many small businesses have traditionally provided a health benefit to their employees through a health reimbursement arrangement (HRA). Following passage of the Affordable Care Act (ACA), the IRS determined that these should be treated as employer payment plans subject to market reforms under the Affordable Care Act (ACA). Failure to comply with the ACA’s market reforms triggers excise taxes. The IRS provided transition relief (Notice 2015-17) from the penalties but the relief has expired.

In June, the House approved the Small Business Health Care Relief Act, (HR 5447), intended to provide permanent relief for small employers. Under the legislation, small employers (employers with less than 50-full-time and full-time equivalent employees) would be able to have stand-alone HRAs and reimburse expenses without violating the ACA’s market reforms. A similar bill has been introduced in the Senate, which could take up the bill before July 4^.

Energy tax policy

Both leaders of the Senate Finance Committee (Orrin Hatch, R-Utah and Ron Wyden, D-Oregon) have taken an interest in simplifying energy tax incentives. The Senate Finance Committee held a hearing in June to examine the role taxation plays in energy policy. Wyden reiterated his proposal to consolidate the more than 40 separate energy tax credits and deductions into as few as three. The incentives, Wyden explained, would be built around three goals: energy, cleaner transportation, and energy efficiency. Wyden also noted that many of the energy incentives extended by the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) were only extended temporarily.

In related energy news, the House approved in June a resolution signaling opposition to President Obama’s proposal to impose a $10 fee on every barrel of oil produced. The House also passed a resolution opposing the White House’s proposed carbon tax, to reduce greenhouse gas emissions.

Individuals

The ACA made a significant change to the individual deduction for medical expenses. After December 31, 2012, the threshold to claim an itemized deduction for unreimbursed medical expenses increased from 7.5 percent of adjusted gross income (AGI) to 10 percent of AGI for regular income tax purposes. The ACA did carve out a temporary exception for senior citizens. In June, the House Ways and Means Committee approved legislation to resurrect the pre-ACA rules. The Halt Tax Increases on the Middle Class and Seniors Act (HR 3590) would replace the current 10 percent threshold with the old 7.5 percent threshold for all taxpayers.

IRS Budget

The IRS’s current fiscal year is scheduled to end after September 30, 2016. In June, House appropriators unveiled a $10.9 billion budget for the agency for FY 2017. The bill cuts overall funding for the IRS but includes an additional $290 million to improve customer service, fraud prevention and cybersecurity. Senate appropriators, meanwhile, have proposed to fund the IRS at $11.2 billion for FY 2017.

Please contact our office if you have any questions about these or other proposals.

Phased retirement has become an increasingly popular trend lately. Along with its increased use, however, a number of questions have arisen. The IRS recently has issued guidance for determining the taxable portion of payments made to an employee during phased retirement. The guidance explains whether the payments are “received as an annuity” under Code Sec. 72 and how to determine the taxable portion of payments that are not received as an annuity.

Phased retirement has become an increasingly popular trend lately. Along with its increased use, however, a number of questions have arisen. The IRS recently has issued guidance for determining the taxable portion of payments made to an employee during phased retirement. The guidance explains whether the payments are “received as an annuity” under Code Sec. 72 and how to determine the taxable portion of payments that are not received as an annuity.

Phased Retirement

Phased retirement is an arrangement where an employee (the “participant”) in a qualified defined benefit plan elects to keep working on a part-time basis, rather than completely retire and take full benefits. The employer and the employee agree that an employee will work part-time for a specified period. However, the parties may agree at any time to change the period of part-time employment.

During phased retirement, the employer pays the participant a portion of his or her full retirement benefits, in the form of a single life annuity. At the same time, the employee continues to earn additional retirement benefits and to make additional contributions. The guidance provides an example where the employee in phased retirement works 40 percent of his full-time schedule. During part-time employment, the employee receives payments equal to 60 percent of the employee’s benefit at full retirement. Thus, for example, an employee who would be entitled to a single life annuity of $2,000 a month at full retirement would receive $1,200 a month during part-time employment.

When the part-time employee terminates all employment, the employee begins to receive an annuity based on full retirement. The employee’s total retirement benefit equals the monthly benefit paid during phased retirement, increased by a cost-of-living adjustment and an additional amount.

Non-Annuity Payments

Under Code Sec. 72(e), amounts not received as an annuity are excluded from gross income if allocated to investment in the contract. Code Sec. 72(e)(8) provides for the pro rata recovery of the employee’s contributions. The ratio of the investment in the contract to the vested account balance (the “basis recovery fraction”) determines the nontaxable portion of each payment.

A plan’s obligations to the employee at full retirement may not be fixed and determinable for an employee receiving phased retirement payments, if: the plan’s obligations depend on the employee’s continued part-time employment; the employee will not receive full retirement benefits until ceasing employment at an undetermined time; and the employee can elect a distribution option at full retirement. If these conditions apply, the payments made during phased retirement are not received as an annuity. As a result, the taxable and excludible portions of the payments must be determined under Code Sec. 72(e)(8), by applying the basis recovery fraction to each phased retirement payment.

The IRS recently released its Spring 2016 Statistics of Income (SOI) Bulletin containing a treasure-trove of useful information. The bulletin contains data gleaned from more than 148 million individual income tax returns filed for the 2014 tax year (TY). The data for 2014 reveal a corresponding increase in tax liability across all tax brackets. The SOI bulletin presents the most recent figures available for the 2014 tax year from various tax and information returns filed by U.S. taxpayers. In addition, the report compares the data to similar statistics measured in 2013. In general, the latest report shows a continued improvement in the national economy, year over year.

The IRS recently released its Spring 2016 Statistics of Income (SOI) Bulletin containing a treasure-trove of useful information. The bulletin contains data gleaned from more than 148 million individual income tax returns filed for the 2014 tax year (TY). The data for 2014 reveal a corresponding increase in tax liability across all tax brackets. The SOI bulletin presents the most recent figures available for the 2014 tax year from various tax and information returns filed by U.S. taxpayers. In addition, the report compares the data to similar statistics measured in 2013. In general, the latest report shows a continued improvement in the national economy, year over year.

Tax Changes in 2014

Many effects felt by taxpayers in 2014 were extensions of tax law changes implemented in CY 2013. In TY 2014, the inflation-adjusted caps for each income tax bracket were raised, which meant that taxpayers whose income did not increase significantly from the previous year may have fallen into a lower tax bracket. The alternative minimum tax experienced a slight increase.

As was the case in 2015 when the Bush-era tax cuts officially expired, the top tax rate for taxpayers remained at 39.6 percent. Taxpayers making more than $200,000, or $250,000 for married taxpayers, were subjected to a Medicare surtax of 0.9 percent. “Pease limitations,” which place limitations on certain higher-income taxpayers, remained in effect for 2014. In addition, the Patient Protection and Affordable Care Act affected many taxpayers by imposing a “shared responsibility payment’ for taxpayers who did not have health insurance in 2014.

Income Tax

According to the Spring 2016 bulletin, the number of individual income tax returns filed for tax year 2014 increased from the previous year for a total of 148.7 million, reflecting a 0.6 percent increase. Adjusted gross income (AGI) increased from $9.1 trillion to $9.7 trillion. Taxable income rose 8.0 percent to $6.9 trillion. The alternative minimum tax experienced a 9.4 percent increase, for a total of $24.6 billion. The bulletin reported that total income tax and total tax liability both increased by 10 percent to $1.4 trillion.

In addition, the preliminary data for 2014 show that taxable income increased 8.0 percent to $6.9 trillion. The IRS reported that the average AGI on all 2014 individual income tax returns was $65,021, and average taxable income was $61,328, both representing increases from the 2013 amounts, by 5.4 percent and 6.1 percent respectively.

Tax Liability

The IRS’s preliminary data indicate that total tax liability for the 2014 tax year rose to $1.4 trillion owed, as reflected on more than 101 million returns. This figure increased from the $1.3 trillion reported for some 98.8 million returns filed in TY 2013. Although total tax liability increased for all income categories, taxpayers with adjusted gross income of $250,000 or more experienced the steepest percent change in tax liability, with a 15.9% increase from 2013 to 2014 (calculated from the $622.2 billion owed for 2013 versus the $721.2 billion owed for 2014), the IRS reported. Overall, total tax liability increased by 10 percent over 2013’s figure, for a total of $1.4 trillion.

The increase in tax liability is likely the result of continued growth in capital gains distribution. For TY 2014, the capital gains distribution rose to nearly $79 billion, up nearly 75% from TY 2013’s $45.2 billion. In addition, net capital gains increased 34.4 percent to $586.5 billion. The amount of net capital gains reported on tax returns with $250,000 or more in adjusted gross income increased by $120.89 billion (from $323.42 billion for 2013 to $444.31 billion for 2014).

The continued increase in net capital gains may have likely contributed to the increase in the number of taxpayers in the highest tax brackets, which may, in part, explain the overall increase in tax liability between 2013 and 2014. For example, the preliminary data for 2014 indicates that there were 431,477 more taxpayers in the $250,000 and up income category who reported net capital gains than there were for 2013. In addition, the corresponding increase in taxpayers for the $200,000 to $250,000 income category was 273,322 for 2014. The data show that all income categories, except that for AGI from $30,000 to under $50,000, experienced an increase in the number of tax returns reporting net capital gains.

The Affordable Care Act (ACA) imposed an excise tax on the sale of certain medical devices by the manufacturer or importer of the device. The tax is 2.3 percent. Under the ACA, the excise tax was effective for the sale of medical devices after December 31, 2012. The tax is now under a two year moratorium.

The Affordable Care Act (ACA) imposed an excise tax on the sale of certain medical devices by the manufacturer or importer of the device. The tax is 2.3 percent. Under the ACA, the excise tax was effective for the sale of medical devices after December 31, 2012. The tax is now under a two year moratorium.

Medical devices

The IRS has issued rules and regulations that describe what constitutes a taxable medical device. The references are geared to language in the federal Food and Drug Act. For individuals, it is important to remember that many consumer medical devices are excluded from the tax. Expressly excluded under the ACA are eyeglasses, contact lenses and hearing aids. IRS rules and regulations also create a “retail exemption” for medical devices that are commonly purchased by consumers. These include items such as crutches, bandages, wheelchairs, and portable oxygen machines.

The manufacturer or importer is responsible for reporting and paying the tax. The IRS generally treats the manufacturer as the business that produces the medical device. An importer is the business that brings a medical device into the U.S.

Moratorium

In December 2015, Congress voted to temporarily suspend the excise tax. The Consolidated Appropriations Act of 2016 imposes a two year moratorium on the excise tax. As a result, the excise tax will not apply to the sale of a medical device during the period beginning on January 1, 2016, and ending on December 31, 2017.

Filing

Manufacturers and importers use Form 720 to report sales of taxable medical devices. The IRS has explained that during the moratorium, manufacturers and importers are not required to file Form 720 to report sales of taxable medical devices for quarters during 2016 and 2017. Manufacturers and importers may make adjustments to previously-reported medical device excise tax liability and/or file claims for credit or refund during the moratorium. Additionally, a manufacturer or importer may file Form 720X to claim a refund of the amount of medical device excise tax remitted to the IRS for sales of taxable medical devices during the moratorium.

Further, the IRS has explained that the moratorium has no effect on medical device excise tax liability incurred before the moratorium. Therefore audits related to such liability will continue during the moratorium.

Resumption

The medical device excise tax will apply to sales of taxable medical devices made after December 31, 2017. Taxpayers will be required to report sales of taxable medical devices made during the first quarter of 2018 on Form 720 by April 30, 2018.

Please contact our office if you have any questions about the medical device excise tax.

A taxpayer changing its method of accounting must either request advance IRS consent or apply for automatic IRS consent on Form 3115, Application for Change in Accounting Method, to make the change. Automatic consent is more favorable because the taxpayer can request the change on its return filed after the year it makes the change. A taxpayer requesting automatic consent must submit Form 3115 by the due date of the return for the year of the change. Recent IRS actions indicate that a taxpayer who fails to make a timely request for a change of accounting method may qualify for an extension of time to request the change.

A taxpayer changing its method of accounting must either request advance IRS consent or apply for automatic IRS consent on Form 3115, Application for Change in Accounting Method, to make the change. Automatic consent is more favorable because the taxpayer can request the change on its return filed after the year it makes the change. A taxpayer requesting automatic consent must submit Form 3115 by the due date of the return for the year of the change. Recent IRS actions indicate that a taxpayer who fails to make a timely request for a change of accounting method may qualify for an extension of time to request the change.

In 2013, the IRS issued “repair regs” that determine whether a taxpayer must capitalize or can deduct its costs related to the use of tangible property. To take advantage of the treatment provided in the regs, taxpayers often had to change their accounting methods. The IRS provided automatic consent for taxpayers to change their methods of accounting to comply with the repair regs.

Regulatory Elections

If a taxpayer fails to make a “regulatory” election on time, the IRS has discretion to grant an extension of time for making the election. A regulatory election is whose deadline is established by the IRS in regulations or other guidance, in contrast to an election whose deadline is set by statute. A taxpayer must submit a private letter request asking for an IRS ruling that grants relief. The IRS will grant relief only if it is satisfied that the taxpayer acted reasonably and in good faith when it failed to make a timely election, and that granting an extension will not prejudice the government.

Extensions Granted

The IRS has granted extensions of time to several taxpayers who missed the deadline for requesting automatic IRS consent to change a method of accounting under the repair regs. The IRS gave the taxpayer an additional 60 days (after the IRS issued the favorable letter ruling) to make the election.

In one sample ruling request, the taxpayer (a corporation) was required to submit the original of Form 3115 with its timely income tax return filed for the year of change, and to provide a copy of the Form 3115 to the IRS in Ogden, Utah. The taxpayer’s return preparer timely e-filed the taxpayer’s Form 1120, prepared Form 3115, and submitted a copy of the form to Ogden. However, the preparer inadvertently failed to scan the Form 3115 and include it with the taxpayer’s return. The preparer discovered the omission and the taxpayer applied for an extension. The IRS granted the taxpayer an additional 60 days to elect the change of accounting method permitted under the repair regs.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of July 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of July 2016.

July 1
Employers. Semi-weekly depositors must deposit employment taxes for Jun 25–28.

July 7
Employers. Semi-weekly depositors must deposit employment taxes for Jun 29–Jul 1.

July 8
Employers. Semi-weekly depositors must deposit employment taxes for Jul 2–5. 

July 11
Employees who work for tips. Employees who received $20 or more in tips during June must report them to their employer using Form 4070.

July 13
Employers. Semi-weekly depositors must deposit employment taxes for Jul 6–8.

July 15
Employers. For those to whom the monthly deposit rule applies, deposit employment taxes and nonpayroll withholding for payments in June.

Employers. Semi-weekly depositors must deposit employment taxes for Jul 9–12.

July 20
Employers. Semi-weekly depositors must deposit employment taxes for Jul 13–15.

July 22
Employers. Semi-weekly depositors must deposit employment taxes for Jul 16–19.

July 27
Employers. Semi-weekly depositors must deposit employment taxes for Jul 20–22.

July 29
Employers. Semi-weekly depositors must deposit employment taxes for Jul 23–26.

July 31
Employers. Form 941, Employer’s Quarterly Federal Tax Return, due for the second quarter of 2016.

August 3
Employers. Semi-weekly depositors must deposit employment taxes for Jul 27–29.

August 3
Employers. Semi-weekly depositors must deposit employment taxes for Jul 30–Aug 2. 

Responding to growing concerns over the scope of tax-related identity theft, the House has approved legislation to give victims more information about the crime. The House also took up a bill expanding disclosure of taxpayer information in cases involving missing children and the Ways and Means Committee approved a bill impacting disclosures by exempt organizations.

Responding to growing concerns over the scope of tax-related identity theft, the House has approved legislation to give victims more information about the crime. The House also took up a bill expanding disclosure of taxpayer information in cases involving missing children and the Ways and Means Committee approved a bill impacting disclosures by exempt organizations.

Stolen identity refund fraud

Tax-related identity theft occurs when a criminal uses the personal identification of another to obtain a fraudulent refund. According to the IRS and the Treasury Inspector General for Tax Administration (TIGTA), tax-related identity theft continues to grow despite efforts to uncover and apprehend criminals. In 2014, the IRS estimated that it prevented the issuance of nearly $25 billion in fraudulent refunds. However, criminals obtained more than $5 billion in fraudulent refunds.

More often than not, individuals are unware they have been victims until they file their return and discover that a return has already been filed by an identity thief. In some cases, the IRS may send a letter to the taxpayer reporting that the agency identified a suspicious return using the individual’s personal information.

On May 19, the House approved the Stolen Identity Refund Fraud Prevention Act of 2016 (HR 3832). HR 3832 would require the IRS to notify victims of tax-related identity theft as soon as practicable that his or her personal information was used without authorization. The IRS also would be required to notify victims of tax-related identity theft of any criminal changes brought against the alleged identity thief.

Additionally, the bill would create a centralized point of contact for victims of identity theft. The centralized point of contact may be a team or subset of specially trained employees who can work across functions to resolve problems for the victim and who is accountable for handling the case to completion. The makeup of the team may change as required to meet IRS needs, but the procedures must ensure continuity of records and case history and may require notice to the taxpayer in appropriate instances.

The bill also would make willful misappropriation of a taxpayer’s identity for the purpose of making any return a felony. Under the bill, this offense would be punishable by a fine of up to $250,000 ($500,000 for a corporation), imprisonment for up to five years, or both, plus prosecution costs.

Disclosures

The House approved the bipartisan Recovering Missing Children Bill (HR 3209) on May 10. The bill amends the Tax Code to grant law enforcement access to taxpayer information while investigating missing and exploited children. Under Code Sec. 6103, return information is confidential.

Exempt organizations

The Preventing IRS Abuse and Protecting Free Speech Bill (HR 5053) limits the contributor information that must be reported by a Code Sec. 501(c) on its annual return. Generally, the IRS may not require an exempt organization to report the name, address, or other identifying information of any contributor to the organization with respect to any contribution, grant, bequest, devise, or gift of money or property, regardless of amount. The bill is awaiting action by the full House after having been approved by the Ways and Means Committee.

If you have any questions about these or other pending bills, please contact our office.

The IRS is set to launch its new voluntary certification program for professional employer organizations (PEOs), also known as employee leasing organizations, on July 1, 2016. A recently-released guidance package describes how PEOs can obtain certification to become “certified PEOs” (CPEOs).

The IRS is set to launch its new voluntary certification program for professional employer organizations (PEOs), also known as employee leasing organizations, on July 1, 2016. A recently-released guidance package describes how PEOs can obtain certification to become “certified PEOs” (CPEOs).

PEOs

An employer may contract with a PEO to complete and file returns and pay and withhold employment taxes (income tax withholding, FICA and FUTA) on wages paid to employees. Some arrangements also call for human resources and employee benefits administration. The PEO essentially becomes the workers' employer for tax and insurance purposes, while the employer retains control of the workers' day-to-day activities.

Voluntary certification program

The Tax Increase Prevention Act of 2014 (TIPA) instructed the IRS to create a voluntary certification program for PEOs. Under TIPA, PEOs will be able to apply to be certified to act - for purposes of the employment tax provisions - as the employer of service providers they lease to their customers. To be certified, a PEO generally must show that it satisfies requirements established by the IRS. The PEO also must adopt the accrual method of accounting to compute its taxable income.

TIPA directed the IRS to establish a PEO certification program before July 1, 2015. However, the IRS responded that it lacked the resources to have a PEO certification program in place before July 1, 2016. The IRS issued temporary and proposed regulations in May.

Framework

The guidance sets out the process to become a CPEO, maintain CPEO status and how the IRS can suspend or revoke CPEO status. The IRS reiterated that CPEO program is voluntary. PEOS can elect to participate or not.

Applications. The first step in the certification process is to submit an application to the IRS. The IRS will notify the applicant as to whether its application for certification has been approved or denied and the effective date of its certification. If the IRS denies the application, the IRS will inform the applicant of the reason for denial.

Business location. An organization seeking CPEO status must have been organized under the laws of the U.S. or of any state. An applicant also must have one or more established physical business locations in the U.S. where regular operations take place.

Customers. The IRS regulations define a "customer" as any person who enters into a contract with a CPEO.

Suspension and revocation. The IRS may suspend or revoke the certification of any CPEO as a result of a failure to meet any of the requirements and the failure presents a material risk to the collection of federal employment taxes.

Tax compliance. An applicant’s history of tax compliance is an important factor in determining if certification would present a material risk to the collection of federal employment taxes. The IRS may deny an application for certification, or suspend or revoke certification, if the CPEO, or any of its precursor entities, related entities, or responsible individuals, fails to pay any applicable federal, state, or local taxes or file any required federal, state, or local tax or information returns in a timely and accurate manner.

Please contact our office if you have any questions about PEOs and the new voluntary certification process.

The IRS is gearing up to outsource some taxpayer collection accounts to private collection agencies. Legislation passed in 2015 directed the IRS to resume working with private collection agencies. The revived program is expected to operate in a similar manner to past ones, with emphasis on taxpayer protections.

The IRS is gearing up to outsource some taxpayer collection accounts to private collection agencies. Legislation passed in 2015 directed the IRS to resume working with private collection agencies. The revived program is expected to operate in a similar manner to past ones, with emphasis on taxpayer protections.

Prior outsourcing

Code Sec. 6306 permits the IRS to use private debt collection agencies. The IRS last contracted with private collection agencies 10 years ago (after prior outsourcing in the 1990s). At that time, the agency initially assigned 12,500 taxpayer accounts to private collection agencies. The accounts were only amounts for which the taxpayer had admitted liability.

The IRS also placed some restrictions on private collection agencies. They were not authorized to take enforcement actions involving liens, levies, or property seizures, work cases where the taxpayer qualified for an installment agreement longer than five years, or be involved in offers-in-compromise, bankruptcies, hardship issues, or litigation.

The IRS ended its work with private collection agencies after three years. The IRS had initially estimated that private collection agencies would collect $88 million. A study by the National Taxpayer Advocate after the program ended reported that private collection agencies had recovered some $86 million.

Revived program

The Fixing America’s Surface Transportation Act of 2015 (FAST Act) instructs the IRS to contract with private collection agencies for the collection of “inactive tax receivables.” The law defines “inactive tax receivables” as a taxpayer account that is:

1. Removed from the IRS’s active inventory for lack of resources or inability to locate the taxpayer;
2. For which more than one-third of the applicable limitations period has lapsed and no IRS employee has been assigned to collect the receivable; or
3. For which, a receivable has been assigned for collection but more than 365 days have passed without interaction with the taxpayer or a third party for purposes of furthering the collection.

Some taxpayer accounts are expressly excluded and will not be turned over to private collection agencies. These include cases were the taxpayer is seeking innocent spouse relief, taxpayers in combat zones, taxpayers under an installment agreement or offer-in-compromise, cases under examination, and others.

Without delay

President Obama signed the FAST Act into law in December 2015. Congress instructed the IRS to implement private tax collection “without delay.” To carry out the twin goals tax collection and taxpayer rights, lawmakers further directed the IRS to make it a priority to use collection contractors and debt collection centers currently approved by the U.S. Department.

Safeguards

Private collection agencies must adhere to the federal Fair Debt Collections Act. The Act prohibits debt collection companies from using abusive, unfair or deceptive practices to collect past due debts. Additionally, collection agencies cannot telephone at times they know, or should know, are inconvenient, such as before 8 a.m. and after 9 p.m., unless the individual agrees otherwise.

Another protection involves payment. Taxpayers will not make payments directly to the private collection agencies. Payments are required to be processed by IRS employees. Additionally, taxpayers can request that their account be returned to the IRS and no longer worked by the private collection agency.

If you have any questions about private tax collection, please contact our office.

To claim the EITC, a taxpayer must satisfy two tests with respect to earned income. First, the taxpayer must have some earned income. Additionally, the taxpayer’s earned income must fall within certain ranges as the credit is subject to income phaseout. As the taxpayer's adjusted gross income (or, if greater, earned income) rises beyond the phaseout threshold, the credit is reduced according to a percentage phaseout, until it is eliminated at the completed phaseout amount.

To claim the EITC, a taxpayer must satisfy two tests with respect to earned income. First, the taxpayer must have some earned income. Additionally, the taxpayer’s earned income must fall within certain ranges as the credit is subject to income phaseout. As the taxpayer's adjusted gross income (or, if greater, earned income) rises beyond the phaseout threshold, the credit is reduced according to a percentage phaseout, until it is eliminated at the completed phaseout amount.

For 2016, a taxpayer is able to claim the EITC if:

• The taxpayer had three or more qualifying children and earned less than $47,955 ($53,505 if married filing jointly)
• The taxpayer had two qualifying children and earned less than $44,648 ($50,198 if married filing jointly)
• The taxpayer had one qualifying child and earned less than $39,296 ($44,846 if married filing jointly), or
• The taxpayer did not have a qualifying child and earned less than $14,880 ($20,430 if married filing jointly).

For 2016, the maximum amount of investment income a taxpayer can have and qualify for the credit is $3,400.

For 2016, the maximum amount of EITC is:

• $6,269 with three or more qualifying children
• $5,572 with two qualifying children
• $3,373 with one qualifying child
• $506 with no qualifying children

A qualifying child must meet satisfy four tests: (1) relationship; (2) age; (3) residency; and (4) joint return. Examples of a qualifying child are a taxpayer’s son, daughter, stepchild, foster child, or a descendant of any of them (for example, grandchild), or brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them.

Special EITC rules apply to members of the U.S. Armed Forces. For purposes of the EITC, the term “Armed Forces” refers to officers and enlisted personnel in all regular and reserve units under the command of the U.S. Secretaries of Defense, Army, Navy, Marine Corps, Air Force, and Coast Guard.

Members of the U.S. Armed Forces do not have to report nontaxable pay for purposes of the EITC. They can elect to exclude from the EITC calculation the Basic Allowance for Housing (BAH), the Basic Allowance for Subsistence (BAS) and the amount of combat pay. Taxpayers must exclude all combat pay and not only a part of combat pay from earned income. A number of areas across the world have been designated as combat zones. These include Afghanistan, beginning Sept. 19, 2001; Somalia, beginning January 1, 2004; Yemen, beginning April 10, 2002, and other areas. The amount of a taxpayer’s nontaxable combat pay is reflected on the taxpayer’s Form W-2, in box 12, with code Q.

Example. Eugene, who serves in the U.S. Navy, and Karla are married and file a joint federal income tax return. The couple has one daughter, who is a qualifying child for purposes of the EITC. Eugene earned $10,000 in nontaxable combat pay. Eugene and Karla can elect to exclude the $10,000 in nontaxable combat pay from their calculation of the EITC or they can include the amount in the calculation of the EITC.

Yes …but only if it is a medical necessity. The IRS has ruled that uncompensated amounts paid to participate in a weight-loss program as treatment for a specific disease or diseases (including obesity) diagnosed by a physician are deductible expenses for medical care. The deduction is subject to the limitations of Code Sec. 213 and its regulations.

Yes …but only if it is a medical necessity. The IRS has ruled that uncompensated amounts paid to participate in a weight-loss program as treatment for a specific disease or diseases (including obesity) diagnosed by a physician are deductible expenses for medical care. The deduction is subject to the limitations of Code Sec. 213 and its regulations.

Generally, Code Sec. 213(a) provides a deduction for uncompensated expenses for medical care of an individual, the individual’s spouse or a dependent, subject to certain limitations. The term medical care is broad and encompasses the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body. If an expense is merely beneficial to a person’s general health, the expense is not a qualified expense for medical care for tax purposes.

In 1979, the IRS ruled that the cost of participation in a weight loss program merely to improve appearance, general health or sense of well-being was not deductible. The individual’s participation in the weight loss program was not to cure or treat a disease or specific illness.

The IRS modified its position in 2002. That year, the IRS announced that expenses for certain weight-loss programs would qualify as a medical deduction. The IRS explained that in 2000, the World Health Organization (WHO) recognized that obesity is a disease. Where a physician has diagnosed an individual with suffering from a disease (including obesity) the cost of the individual’s participation in the weight-loss program as treatment for his obesity is an amount paid for medical care under Code Sec. 213. Uncompensated amounts paid to participate in the weight-loss program as treatment for the disease are deductible expenses for medical care, subject to the limitations of Code Sec. 213. Keep in mind that only taxpayers who itemize their deductions may claim the deduction for qualified medical expenses. Reimbursement for weight-loss expenses from a flexible spending account are also subject to the Code Sec. 213 rules, as well as review by the plan administrator.

Please contact our office for more information about deductible medical expenses.

The 2016 filing season has closed with renewed emphasis on cybersecurity, tax-related identity theft and customer service. Despite nearly constant attack by cybercriminals, the IRS reported that taxpayer information remains secure. The agency also continued to intercept thousands of bogus returns and prevent the issuance of fraudulent refunds.

The 2016 filing season has closed with renewed emphasis on cybersecurity, tax-related identity theft and customer service. Despite nearly constant attack by cybercriminals, the IRS reported that taxpayer information remains secure. The agency also continued to intercept thousands of bogus returns and prevent the issuance of fraudulent refunds.

Cybersecurity

Concerns about cybersecurity and the confidentiality of taxpayer information were paramount during the filing season. According to the IRS, its basic systems are attacked “millions of times” every day by cybercriminals looking for weaknesses. In April, IRS Commissioner John Koskinen told Congress that the agency’s basic systems are secure. However, cybercriminals did breach its Get Transcript app in 2015 and other applications are under constant probing and attack by cybercriminals.

Koskinen assured Congress that the agency is beefing up its cybersecurity staffing. The IRS has hired 55 new cybersecurity experts. However, he acknowledged that the agency’s cybersecurity head has left and the position is open. This has drawn criticism from lawmakers who have questioned why such an important job is open. Koskinen said that the lengthy government hiring process is a deterrent to hiring cybersecurity professionals and urged Congress to reinstate the agency’s fast-track hiring process.

Identity theft

Closely related to cybersecurity is tax-related identity theft. The breach of the Get Transcript App in 2015 resulted in $50 million in fraudulent refunds paid to cybercriminals, according to a government watchdog.

Because the filing season has just ended, final statistics will not be released until later this year. However, interim statistics give a snapshot of the vastness of the problem of tax-related identity theft. As of March 5, 2016, the IRS had successfully prevented the issuance of some $180 million in fraudulent refunds.

To help prevent tax-related identity theft, the IRS has enhanced its return processing filters. Many of these enhancements, the IRS has explained, are invisible to taxpayers. Other enhancements have been made working with return preparers and tax software providers.

Customer service

The IRS’s level of customer service hit historic lows during the 2015 filings season. Almost two-thirds of all calls to the IRS went unanswered and the agency disconnected millions of callers (so-called “courtesy disconnects.”) There were also long lines for in-person assistance at IRS service centers nationwide. The IRS blamed the poor customer service on budget cuts and its inability to hire more employees to answer taxpayer questions.

In December 2015, Congress gave the IRS an additional $290 million and instructed the agency to use the money to improve customer service, along with boosting cybersecurity and combating identity theft. Koskinen told Congress in April that the agency spent more than $100 million of the $290 million on customer service. As a result, the agency’s level of customer service reached as high as 65 percent during the filing season. However, that level will fall to around 50 percent for all of 2016, Koskinen said. The additional employees hired during the filing season were merely temporary employees and their employment ended with the close of the filing season, Koskinen explained.

Return processing

The IRS expects to receive some 150.6 million returns this filing season. That number includes an estimated 13.5 million returns on extension. Taxpayers on extension have until October 17, 2016 to file.

If you have any questions about the 2016 filing season, please contact our office.

Passage of the “Tax Extenders” undeniably provided one of the major headlines – and tax benefits – to come out of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), signed into law on December 18, 2015. Although these tax extenders (over 50 of them in all) were largely made retroactive to January 1, 2015, valuable enhancements to some of these tax benefits were not made retroactive. Rather, these enhancements were made effective only starting January 1, 2016. As a result, individuals and businesses alike should treat these enhancements as brand-new tax breaks, taking a close look at whether one or several of them may apply. Here’s a list to consider as 2016 tax planning gets underway now that tax filing-season has ended.

Passage of the “Tax Extenders” undeniably provided one of the major headlines – and tax benefits – to come out of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), signed into law on December 18, 2015. Although these tax extenders (over 50 of them in all) were largely made retroactive to January 1, 2015, valuable enhancements to some of these tax benefits were not made retroactive. Rather, these enhancements were made effective only starting January 1, 2016. As a result, individuals and businesses alike should treat these enhancements as brand-new tax breaks, taking a close look at whether one or several of them may apply. Here’s a list to consider as 2016 tax planning gets underway now that tax filing-season has ended:

Section 179 expensing. The PATH Act permanently extended the Code Section 179 dollar of investment limitations at the higher $500,000 and $2 million, levels, which are adjusted for inflation for tax years beginning after 2015 (it is $500,000 and $2,010,000 for 2016). In addition, starting only in 2016, the $250,000 limitation on the amount of section 179 property that can be attributable to qualified real property has been eliminated. Further, for tax years beginning after 2015, the Code Section 179 expense deduction is now allowed for air conditioning and heating units.

Bonus depreciation. In addition to the big news that the PATH Act extended Code Section 168(k) bonus depreciation to apply to most qualifying property placed in service before January 1, 2020, it made a number of modifications, including:

• replacement of the bonus allowance for qualified leasehold improvement property with a bonus allowance for additions and improvements to the interior of any nonresidential real property, effective for property placed in service after 2015; and
• allowance to farmers of a 50 percent deduction in place of bonus depreciation on certain trees, vines, and plants in the year of planting or grafting rather than the placed-in-service year, effective for planting and grafting after 2015.

Section 181 expensing. Special Section 181 expensing for qualified film and television productions is extended for two years to apply to qualified film and television productions commencing before January 1, 2017. However, the expensing rule is also expanded to apply to qualified live theatrical productions commencing after December 31, 2015.

WOTC. The Work Opportunity Tax Credit (WOTC) has been extended five years through December 31, 2019. In addition, the credit has been expanded and made available to employers who hire individuals who are qualified long-term unemployment recipients who begin work for the employer after December 31, 2015.

Research credit. The PATH Act permanently extended the research credit that applies to amounts paid or incurred after December 31, 2014. However, a new allowance of the research credit against alternative minimum tax liability applies to credits determined for tax years beginning after December 31, 2015. In addition, a new payroll tax credit associated with the research credit applies only to tax years beginning after December 31, 2015 (Act Sec. 121(d) (3) of the PATH Act).

Military differential pay. The PATH Act extended the employer tax credit for differential wage payments made to qualified employees on active military duty has been made permanent and applies to payments made after December 31, 2014. Effective only for tax years beginning after December 31, 2015, however, the credit may be claimed by all employers regardless of the average number of individuals employed during the tax year. The credit is also no longer limited to eligible small business employers with less than 50 employees.

Teachers' classroom expense deduction. The PATH Act permanently extended the above-the-line deduction for elementary and secondary school teachers' classroom expenses. Additionally, for tax years after 2015, the Act includes "professional development expenses" within the scope of the deduction. These expenses include courses related to the curriculum in which the educator provides instruction.

Nonbusiness energy property credit. The PATH Act extended the nonrefundable nonbusiness energy property credit allowed to individuals under Code Sec. 25C for two years, making it available for qualified energy improvements and property placed in service before January 1, 2017. For property placed in service after December 31, 2015, the standards for energy efficient building envelope components are modified to meet new conservation criteria. 

If you have any questions about these new “extenders,” please contact our office.

The IRS has issued its annual Data Book for fiscal year (FY) 2015, which provides statistical information on activities such as examinations and collections conducted by the IRS from October 1, 2014 to September 30, 2015. For FY 2015, the Data Book shows the total number of audits conducted by the IRS was 1.37 million, down from the 1.38 million examined in FY 2014.

The IRS has issued its annual Data Book for fiscal year (FY) 2015, which provides statistical information on activities such as examinations and collections conducted by the IRS from October 1, 2014 to September 30, 2015. For FY 2015, the Data Book shows the total number of audits conducted by the IRS was 1.37 million, down from the 1.38 million examined in FY 2014.

Returns filed

Categories reflecting the main functions of the IRS, processing federal tax returns and collecting revenue, saw a marked increase in FY 2015 in comparison to the same time last year. The information in the Data Book shows that the IRS processed more than 243 million tax returns and related forms and issued more than 199 million refunds, amounting to $403.3 billion. The IRS collected more than $3.3 trillion in gross taxes.

Audit coverage

In total, the IRS audited 0.7 percent of all returns filed in calendar year (CY) 2014. The data shows that the number of audited returns has been decreasing since 2010, the IRS reported.

A majority of the audits, nearly 73 percent, were conducted via correspondence. The remainder was field audits. The IRS reported that 28,000 taxpayers did not agree with the examiner’s determination. The amount disputed across those who disagreed with the IRS was approximately $7.4 billion.

For FY 2015, the Data Book states that examinations protected approximately $2.1 billion in refund payments for taxpayers. Of that amount, $2.0 billion came from field examinations and $122.3 million from correspondence examinations.

Individuals. Individual returns filed in 2014, including both business and nonbusiness taxpayers, were audited at 0.8 percent, which amounted to approximately 1.2 million returns, during FY 2015, based on more than 146.8 million individual returns filed. The audit rate rose significantly for income levels of $1 million or more. The audit rate for individuals in the $10 million or more level rose to 34.69 percent, more than double the audit rate reported in FY 2014.

The IRS noted that the total number of individual tax return examinations has decreased by 22 percent over the last five years. The agency attributes the decrease to the fact that FY 2015 marks the fifth consecutive year that the IRS budget has been decreased, which brought about a 15-percent reduction in full-time staff as compared to five years ago. Accordingly, operations across a number of areas, including return examinations, were downsized. Of the 1.2 million individual income tax returns examined, almost 40,000 resulted in additional refunds to taxpayers, totaling more than $1.1 billion.

Although the audit rate for higher income individual taxpayers experienced a considerable jump in CY 2014, the number of returns filed for this category, as a percentage of the total returns filed, remained fairly constant.

Partnerships. Partnerships and S corps filed a total of approximately 8.4 million returns during FY 2015, a slight increase from FY 2014 when these types of entities filed almost 8.2 million returns. In addition, the audit rate increased slightly from 0.39 percent in FY 2014 to 0.45 percent in FY 2015. In FY 2014, IRS officials announced that the agency intended to concentrate more heavily on partnership audits. The data appears to reflect this movement, as the audit rate rose 0.1 percent to 0.5 in FY 2015.

Corporations. The IRS examined nearly 1.3 percent of all corporate returns (other than S corps) during FY 2015, based on a total of nearly 1.9 million returns and 24,761 examinations. The IRS reported that during FY 2015, it recommended more than $10.36 billion in additions to tax for corporate returns. The additions to tax recommended for returns filed by corporate taxpayers with more than $20 billion in assets comprised approximately 38 percent of the total additions to tax. Large corporations with total assets between $5 billion and $20 billion experienced an audit rate of 36.1 percent, showing a decrease from FY 2014 when the audit rate for this same category was 44.3 percent. In addition, large corporations with total assets greater than $20 million experienced a substantial decrease in terms of audit rate with 64 percent, whereas in FY 2014, the audit rate was 84.2 percent, the IRS added. 

Tax-exempt organizations. The IRS reported that it received 787,339 returns from tax-exempt organizations in CY 2014 and examined 6,392 tax-exempt entities and related taxable returns in FY 2015. This shows a decrease over the 8,084 tax-exempt entities examined out of 765,395 returns filed in CY 2013.

Individual taxpayers may claim a nonrefundable personal tax credit for qualified residential alternative energy expenditures. The residential alternative energy credit generally is equal to 30 percent of the cost of eligible solar water heaters, solar electricity equipment, fuel cell plants, small wind energy property, and geothermal heat pump property. After 2016, the credit is available only for qualified solar electric property and qualified solar water heating property placed in service before 2022.

Individual taxpayers may claim a nonrefundable personal tax credit for qualified residential alternative energy expenditures. The residential alternative energy credit generally is equal to 30 percent of the cost of eligible solar water heaters, solar electricity equipment, fuel cell plants, small wind energy property, and geothermal heat pump property. After 2016, the credit is available only for qualified solar electric property and qualified solar water heating property placed in service before 2022.

Solar electric property. A qualified solar electric property expenditure must meet these requirements:

• an individual taxpayer must make the expenditure for qualified solar electric property,
• the qualified solar electric property must use solar energy to generate electricity,
• the electricity must be for use in a dwelling unit,
• the dwelling unit must be located in the United States, and
• the dwelling unit must be used as a residence by the taxpayer (but it does not have to be the taxpayer’s principal residence).

Expenditures for purposes of the credit include labor costs properly allocable to the onsite preparation, assembly, or original installation of the qualified solar electric property and for piping or wiring to interconnect such property to the dwelling unit. Generally, for purposes of determining the tax year when the credit is allowed, an expenditure with respect to an item is treated as made when the original installation of the item is completed.

Solar electric property panels, such as photovoltaic panels, are eligible for the credit even if they constitute structural components of a building, such as when they are installed as a roof or a portion of a roof. Conversely, qualified solar electric property does not have to be installed directly on the taxpayer’s home, as long as the panels use solar energy to generate electricity for use in a home that the taxpayer uses as a residence. Under certain circumstances, a purchase of solar panels that are placed on an off-site solar array may meet the definition of qualified solar electric property expenditures. 

Caution. This credit should not be confused with the credit for nonbusiness energy property. For property placed in service through 2016, a tax credit is available for nonbusiness energy property that meets the requirements for qualified energy efficiency improvements (building envelope components) and residential energy property expenditures (furnaces, central air conditioners, water heaters, certain heat pumps, biomass stoves).

Social media has helped to make our world smaller and when natural disasters and tragedies occur we want to help with contributions of money and/or other types of aid. At home, countless charitable organizations are providing all types of help and generally, your contributions to U.S. charities are tax-deductible. Contributions to foreign charities generally are not tax-deductible; however, special rules apply to charitable organizations in Canada, Israel and Mexico.

Social media has helped to make our world smaller and when natural disasters and tragedies occur we want to help with contributions of money and/or other types of aid. At home, countless charitable organizations are providing all types of help and generally, your contributions to U.S. charities are tax-deductible. Contributions to foreign charities generally are not tax-deductible; however, special rules apply to charitable organizations in Canada, Israel and Mexico.

First, let’s take a brief look at some of the rules for U.S. charities. A charitable deduction is allowed only for a gift of money or property made to or for the use of an organization that meets qualification requirements. Charitable contributions of $250 or more must be substantiated by a contemporaneous written acknowledgment from the charitable organization to be deductible.

It is not enough that a domestic charity is “tax-exempt.” The charitable organization must be qualified at the time of the contribution. It is the organization’s responsibility to ensure that its character, purposes, activities, and method of operation satisfy the qualification requirements, so donors have assurance that their contributions are tax-deductible at the time made.

While a domestic charity can use contributions abroad, it cannot merely transfer them to a foreign charity. Contributions generally are deductible only if it can be shown, among other requirements, the domestic charitable organization is not serving as an agent for, or conduit of, a foreign charitable organization.

Special rules apply to charitable organizations in Canada, Israel and Mexico. Contributions to certain Canadian charitable organizations covered under an income tax treaty with Canada may be tax-deductible. Generally, the taxpayer must have income from sources in Canada.

The U.S.-Israel income tax treaty provides that a contribution to an Israeli charitable organization is deductible if and to the extent the contribution would have been treated as a charitable contribution if the organization had been created or organized under U.S. law. Among other requirements, the taxpayer must have income from sources in Israel.

The same approach applies to contributions to Mexican charitable organizations. Under the U.S.-Mexico income tax treaty, a contribution to a Mexican charitable organization may be deductible, but only if and to the extent the contribution would have been treated as a charitable contribution to a public charity created or organized under U.S. law. Among other requirements, the taxpayer must have income sources in Mexico.

Please contact our office for more details.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of May 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of May 2016.

May 2
Employers. File Form 941 for the first quarter of 2016 for employment taxes if you have not deposited the tax for the quarter timely, properly, and in full. Deposit or pay any undeposited tax under the accuracy of deposit rules. 
Deposit federal unemployment tax owed through March if more than $500. 

May 4
Employers. Semi-weekly depositors must deposit employment taxes for April 27–29. 

May 6
Employers. Semi-weekly depositors must deposit employment taxes for April 30 and May 1–3. 

May 10
Employers. File Form 941 for the first quarter of 2016 for employment taxes if you deposited the tax for the quarter timely, properly, and in full.
Employees who work for tips. Employees who received $20 or more in tips during April must report them to their employer using Form 4070. 

May 11
Employers. Semi-weekly depositors must deposit employment taxes for May 4–6. 

May 13
Employers. Semi-weekly depositors must deposit employment taxes for May 7–10. 

May 16
Employers. For those to whom the monthly deposit rule applies, deposit employment taxes and nonpayroll withholding for payments in April. 

May 18
Employers. Semi-weekly depositors must deposit employment taxes for May 11–13. 

May 20
Employers. Semi-weekly depositors must deposit employment taxes for May 14–17. 

May 25
Employers. Semi-weekly depositors must deposit employment taxes for May 18–20. 

May 27
Employers. Semi-weekly depositors must deposit employment taxes for May 21–24. 

June 2
Employers. Semi-weekly depositors must deposit employment taxes for May 25–27. 

June 3
Employers. Semi-weekly depositors must deposit employment taxes for May 28–31.

Tax reform continues to be highly touted in Congress as lawmakers from both parties call for simplification of countless complex rules, overhaul of tax rates, and more. At times this year, President Obama and Congressional Republicans seem far apart on a way forward, but at similar times in the past, agreements have quickly and often surprisingly emerged, most recently in the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). As the November elections approach more closely every passing day, lawmakers from both parties and the President have a short window to agree on tax legislation. The weeks leading up to Congress’ summer recess may be decisive.

Tax reform continues to be highly touted in Congress as lawmakers from both parties call for simplification of countless complex rules, overhaul of tax rates, and more. At times this year, President Obama and Congressional Republicans seem far apart on a way forward, but at similar times in the past, agreements have quickly and often surprisingly emerged, most recently in the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). As the November elections approach more closely every passing day, lawmakers from both parties and the President have a short window to agree on tax legislation. The weeks leading up to Congress’ summer recess may be decisive.

PATH Act as path forward

The scope of the PATH Act surprised many Hill observers. Instead of merely extending the so-called tax extenders (including the state and local sales tax deduction, research tax credit, teachers’ classroom expense deduction), Congress voted to make permanent many of the incentives. Although there had been hearings and discussions about permanently extending some of the incentives, the prospect of getting a bill through Congress and to the President’s desk seemed remote right up to December. Behind the scenes negotiations between the White House and Congressional Republicans resulted in the largest tax bill since the American Tax Relief Act of 2012. The PATH Act went far beyond the extenders. It made changes to the rules for IRS administration, real estate investment trusts (REITs), how the Tax Court works, and more.

Passage of the PATH Act shows that another tax bill, possibly an even larger tax reform package, could make it out of Congress before year-end. Speaking in Washington, D.C. earlier this year, Senate Finance Committee (SFC) ranking member Ron Wyden, D-Oregon, suggested such an outcome. “Against all odds, Democrats and Republicans reached a bipartisan agreement on the PATH Act," Wyden said. "The December agreement (leading to passage of the PATH Act worked out because of the approach members took to the negotiations." Wyden predicted that lawmakers would use the PATH Act as a "blueprint for broader reform."

Everything on the table

Almost everything in the Tax Code appears to be on the table at this time. House Ways and Means Chair Kevin Brady, R-Texas, who is a leading proponent of tax reform, in the House has said as much. "Not all deductions and exclusions will stay; not all will go. The question to ask is: how will these policies drive economic growth?" Among the provisions/ideas being discussed by legislators are:

• Consolidation of the individual income tax rates
• Enhancing incentives for lower and middle income taxpayers
• Revising/repealing some of the tax measures under the Affordable Care Act
• Lowering the U.S. corporate tax rate
• Consolidating education tax incentives
• Eliminating/consolidating some energy tax breaks
• Repealing the alternative minimum tax (AMT)
• Tweaking the child tax credit, earned income tax credit, child and dependent care credit

International tax reform

Reforming the rules for international taxation, such as the complex rules for corporate inversions, transfer pricing, and more, has been of special interest this year to the House Ways and Means Committee. One unanswered question is whether international tax reform can move forward by itself or if proponents need to add “sweeteners” such as expanded tax breaks for lower and middle income taxpayers to win support in Congress. Some lawmakers want to link international tax reform to a cut in the U.S. corporate tax rate. How to pay for any rate cuts also is generating questions and few answers. President Obama has proposed to tighten the international tax rules and use the expected revenue to pay for infrastructure projects, along with reducing the corporate tax rate.

Energy tax measures

Before Congress’ summer recess, a package of energy tax breaks could be approved by the House and Senate. Many of these are temporary incentives that were not included in the PATH Act, such as the special credits for fuel cell vehicles. There appears to be bipartisan support to make permanent some, if not all, of these tax breaks. SFC ranking member Wyden is spearheading the movement to win passage of these energy tax incentives, seeking to attach them to a bipartisan aviation bill.

Please contact our office if you have any questions about tax reform and what measures might be taken now in anticipation of various changes.

Six years ago, Congress passed the Foreign Account Tax Compliance Act (FATCA), which set in motion a wave of new reporting and disclosure requirements by individuals, foreign financial institutions, and others. In response, the IRS created a host of new rules and regulations; and new forms for these reporting requirements. One key FATCA form – Form 8938, Statement of Specified Foreign Financial Assets – has seen usage steadily increase since passage of FATCA, the IRS recently reported. At the same time, more individuals are filing a related form – FinCEN Form 114, Report of Foreign Bank and Financial Accounts (known as the FBAR), which reached a record high in 2015.

Six years ago, Congress passed the Foreign Account Tax Compliance Act (FATCA), which set in motion a wave of new reporting and disclosure requirements by individuals, foreign financial institutions, and others. In response, the IRS created a host of new rules and regulations; and new forms for these reporting requirements. One key FATCA form – Form 8938, Statement of Specified Foreign Financial Assets – has seen usage steadily increase since passage of FATCA, the IRS recently reported. At the same time, more individuals are filing a related form – FinCEN Form 114, Report of Foreign Bank and Financial Accounts (known as the FBAR), which reached a record high in 2015.

Two key forms

FATCA generally requires U.S. citizens, resident aliens and certain non-resident aliens to report specified foreign financial assets on Form 8938 if the aggregate value of those assets exceeds certain thresholds. Examples of financial accounts include: savings, deposit, checking, and brokerage accounts held with a bank or broker-dealer. And, to the extent held for investment and not held in a financial account, individuals must report stock or securities issued by someone who is not a U.S. person, any other interest in a foreign entity, and any financial instrument or contract held for investment with an issuer or counterpart that is not a U.S. person. Examples of these assets that must be reported if not held in an account include (but are not limited to) stock or securities issued by a foreign corporation; a note, bond or debenture issued by a foreign person; a partnership interest in a foreign partnership; and any interest in a foreign-issued insurance contract or annuity with a cash-surrender value. Reporting thresholds vary based on whether a taxpayer files a joint income tax return or lives abroad.

Individuals with an interest in, or signature or other authority over foreign financial accounts whose aggregate value exceeded $10,000 have a separate reporting requirement. This requirement is satisfied by filing the FBAR. The FBAR is filed through the BSA E-Filing System (with Treasury’s Financial Crimes Enforcement Network (FinCEN).

Note. Treasury’s Financial Crimes Enforcement Network (FinCEN) has proposed revisions to the rules for filing FBARs. The revisions generally would apply to financial professionals who file FBARs due to their employment responsibilities

Increase in filings

According to the IRS, taxpayers filed more than 300,000 Forms 8938 with their returns in tax year (TY) 2014. The number of filings was approximately the same as in 2014 but up from 200,000 filing for TY 2011, which was the first year for filing Form 8938. Form 8938 is filed with the taxpayer’s annual return.

FinCEN received 1,163,229 FBARs in 2015, representing an eight percent increase compared to 2014. During the past five years, the number of FBAR filings has increased on average by 17 percent each year, the IRS reported.

IRS investigations

Since passage of FATCA, the IRS has stepped up its investigations into reports of undisclosed foreign accounts. The IRS often uses its summons authority to discover foreign accounts and the federal courts have upheld the agency’s authority when challenged by taxpayers.

In Chan, 2016-1 ustc ¶50,205, February 29, 2016, the First Circuit Court of Appeals found that foreign bank account records fell within the required records exception to the Fifth Amendment. The First Circuit joined seven other circuits in holding that the required records exception applies.

The court found that the Bank Secrecy Act requires individuals engaged in foreign banking to file reports and maintain certain records. These records must be retained for a certain time and must be available for inspection. The required records doctrine prevents individuals, who possess records the government requires to be maintained as a result of voluntary participation in certain regulated activities, from asserting their Fifth Amendment privilege.

If you have any questions about Form 8938, the FBAR, or the required records exception, please contact our office.

Legislation enacted in 2015 provides new rules for IRS partnership audits. The new rules are a drastic departure from current rules and the IRS is hopeful that the rules will simplify the audit process and allow the IRS to conduct more partnership audits.

Legislation enacted in 2015 provides new rules for IRS partnership audits. The new rules are a drastic departure from current rules and the IRS is hopeful that the rules will simplify the audit process and allow the IRS to conduct more partnership audits.

The provisions do not take effect until partnership tax years beginning on or after January 1, 2018, until an existing partnership may elect to apply the new rules to tax years after November 2, 2015. The IRS is working on guidance for the new audit regime and has requested comments by April 15, although agency officials said that comments after that date will be accepted.

Background

Under current rules, as provided by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), when the IRS audits a partnership with more than 10 partners, the IRS determines any changes to the partnership return in a single administrative proceeding with the partnership. The partnership must designate a tax matters partner (the “TMP”) to handle the audit and any subsequent litigation. After determining the appropriate adjustments for the partnership as a whole, the IRS must recalculate the tax liability of each partner for the year under audit.

For partnerships with 10 or fewer partners, the IRS must audit the partner and the partnership separately. These small partnerships may elect to be audited under the TEFRA procedures.

Electing out 

A partnership with 100 or fewer partners may opt out of the new regime. Partnerships that elect out will be audited under the general rules for individual taxpayers. Unlike the TEFRA regime, which applies TEFRA to partnerships with 11 or more partners, the new rules will not apply unless the partnership has over 100 partners. Thus, the IRS conceivably would have to conduct up to 100 audits of individual taxpayers.

The Tax Code requires that partners be individuals, C corporations, foreign entities that would be domestic C corporations, S corporations (special rules apply for counting owners as partners), and estates of deceased partners. The number of partners would be based on the number of Schedules K-1 issued by the partnership. The IRS may prescribe rules for treating other entities as eligible partners.

Partnership representative

Unlike the TMP procedures under TEFRA, the partnership will designate a partnership representative (PR) to deal with the IRS, who does not have to be a partner. The PR will have sole authority to act on behalf of the partnership. The partnership and all partners will be bound by the actions of the partnership. The new law does away with TEFRA rights for individual partners to receive notice of the audit and to participate in the audit. Partnerships could organize a group of partners to advise the PR.

Partnership/partner liability

The partnership will pay an IRS audit adjustment (the “imputed underpayment”) unless the partnership elects to provide each partner (and the IRS) with a statement of the partner’s share of the adjustment. Partnerships that pay the tax will provide amended Schedules K-1 to their partners. Thus, under the new law, the partnership will determine the partner’s liability for the increase in taxes that the partnership pays; under TEFRA, the IRS had to calculate the partners’ adjustments.

Under Code Sec. 1031, a taxpayer can make a tax-free exchange of property held for productive use in a trade or business or for investment. The exchange must be made for other property that the taxpayer will continue to use in a trade or business or for investment. Ordinarily, the exchange is made directly with another taxpayer who holds like-kind property. For example, an investor in real estate may exchange a building with another person who also owns real estate for use in a trade or business or for investment.

Under Code Sec. 1031, a taxpayer can make a tax-free exchange of property held for productive use in a trade or business or for investment. The exchange must be made for other property that the taxpayer will continue to use in a trade or business or for investment. Ordinarily, the exchange is made directly with another taxpayer who holds like-kind property. For example, an investor in real estate may exchange a building with another person who also owns real estate for use in a trade or business or for investment.

Another way to take advantage of Code Sec. 1031 is to make a deferred like-kind exchange, using a third person to facilitate the exchange. This can be advantageous when the taxpayer cannot find another holder of like-kind property to make a direct exchange with. The taxpayer identifies a third person to act as a qualified intermediary (QI) and enters into a legal agreement with the QI. The QI is not treated as the agent of the taxpayer. The QI acquires from the taxpayer the property that the taxpayer is relinquishing, and sells the property to another person identified by the taxpayer. As part of the transaction, the QI acquires legal title to the property and transfers it to the person buying the property.

The agreement between the taxpayer and the QI must provide that the taxpayer has no right to the proceeds received by the QI. Otherwise, the taxpayer would be in actual or constructive receipt of the proceeds. If this occurred, the exchange would not be tax-free.

To complete the deferred like-kind exchange, the taxpayer will identify other like-kind property that it wishes to acquire, perhaps from a fourth person. The QI will use the proceeds from the original sale to purchase the property sought by the taxpayer, again acquiring legal title to the property. Finally, the QI will transfer the acquired property to the taxpayer. The taxpayer’s transfer of the relinquished property and acquisition of the replacement property qualify as a like-kind exchange.

Individuals may contribute up to $5,500 to a traditional and a Roth IRA for 2016. This is the same limit as 2015. An individual age 50 and older can make a catch-up contribution of an additional $1,000 for the year. The contribution is limited to the taxpayer’s taxable compensation for the year, minus contributions to all non-Roth IRAs.

Individuals may contribute up to $5,500 to a traditional and a Roth IRA for 2016. This is the same limit as 2015. An individual age 50 and older can make a catch-up contribution of an additional $1,000 for the year. The contribution is limited to the taxpayer’s taxable compensation for the year, minus contributions to all non-Roth IRAs.

Taxpayers can contribute to a Roth IRA as long as the taxpayer’s adjusted gross income for the year is less than:

• $193,000 for married filing jointly or qualifying widow(er),
• $131,000 for single, head of household, or married filing separately and you did not live with your spouse at any time during the year, and
• $10,000 for married filing separately and you lived with your spouse at any time during the year.

Unlike traditional IRAs, the owner of a Roth IRA can make contributions to the IRA after turning age 70 ½ and does not have to begin taking contributions at that age. The mandatory distribution rules that normally begin at age 70 ½ do not apply until the owner dies.

Although contributions to a Roth IRA are not deductible, income accumulates tax-free and “qualified” distributions will also be tax-free, if certain conditions are satisfied:

• The distribution must be made after the owner turns 59 ½, unless the owner is disabled or the payment is made to a beneficiary after the owner’s death; and
• The amount contributed must be held in the Roth IRA for at least five years.

Taxpayers can also roll over benefits from an eligible retirement plan to a Roth IRA, without the rollover being counted against the annual contribution limit, provided the payment from the retirement plan is an eligible rollover distribution. The retirement plan can be qualified plan, 401(k) plan, tax-sheltered annuity, or governmental deferred contribution plan. The payment will still be taxable, since contributions to a Roth IRA are not deductible and must be made with after-tax dollars.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of April 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important federal tax reporting and filing data for individuals, businesses and other taxpayers for the month of April 2016. 

April 1
Employers. Semi-weekly depositors must deposit employment taxes for payroll date March 26–29.
Individuals. Taxpayers who turned 70½ during 2015 must start to receive required minimum distributions (RMDs) from their IRAs; retirees who turned 70½ during 2015 must receive RMDs from workplace retirement plans. 

April 6
Employers. Semi-weekly depositors must deposit employment taxes for payroll date March 30–31 and April 1. 

April 8
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 2–5. 

April 11
Employees who work for tips. Employees who received $20 or more in tips during March must report them to their employer using Form 4070. 

April 13
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 6–8. 

April 18
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 9–12.
Employers. Employers deposit Social Security, Medicare, and withheld income tax for March. Employers who paid cash wages of $1,900 or more in 2015 to a house-hold employee, file Schedule H (Form 1040).
Farmers and fisherman. File 2015 income tax return (Form 1040) by April 18 if not previously filed.
Individuals. Individuals file a 2015 income tax return (Form 1040 series) and pay any tax due.
Partnerships. File a 2015 calendar year return (Form 1065). Provide each partner with a Schedule K-1 (Form 1065), Partner’s Share of Income, Deductions, Credits, etc., or a substitute Schedule K-1. 

April 20
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 13–15. 

April 22
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 16–19. 

April 27
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 20–22. 

April 29
Employers. Semi-weekly depositors must deposit employment taxes for payroll date April 23–26. 

May 4
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates April 27–29. 

May 6
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates April 30–May 3.

The IRS always urges taxpayers to pay their current tax liabilities when due, to avoid interest and penalties. Taxpayers who can’t pay the full amount are urged to pay as much as they can, for the same reason. But some taxpayers cannot pay their full tax liability by the normal April 15 deadline (April 18^th in 2016 because of the intersection of a weekend and a District of Columbia holiday).

The IRS always urges taxpayers to pay their current tax liabilities when due, to avoid interest and penalties. Taxpayers who can’t pay the full amount are urged to pay as much as they can, for the same reason. But some taxpayers cannot pay their full tax liability by the normal April 15 deadline (April 18^th in 2016 because of the intersection of a weekend and a District of Columbia holiday). 

One alternative is to enter into an installment payment agreement with the IRS, where taxpayers agree in writing to make monthly payments to the IRS and to reduce their tax liability to zero over a reasonable period of time. The IRS may also agree to an installment payment arrangement for back taxes. Penalties and interest may continue to accrue, although the IRS may reduce the penalties. While the IRS is authorized to enter into a partial payment installment agreement for a portion of the taxpayer’s liability, the agency has been reluctant to do this.

Form 9465 

Taxpayers who cannot pay the tax liability reported on their current income tax return should submit Form 9465, Installment Agreement Request, to the IRS, to request a monthly installment plan. A taxpayer who owes more than $50,000 should provide Form 433-F, Collection Information Statement, along with the request. Taxpayers can enter into different types of agreements, including:

• A traditional agreement, where they agree to make their monthly payment by check, money order, or credit card;
• A direct debit installment agreement, to make automatic payments from a bank account; or
• A payroll deduction agreement, with payments made by the employer from a paycheck.

The IRS charges a user fee for entering into an agreement: $120 for a traditional agreement; or $52 for a direct debit agreement. Qualifying low-income taxpayers pay a fee of $43, regardless of the type of agreement. If the agreement is restructured (because of a change in the taxpayer’s financial condition, for example), or if the IRS terminates the agreement and then agrees to reinstate it, the IRS will charge a fee of $50.

Different agreements

The IRS’s procedures include different kinds of agreements, depending on the taxpayer’s circumstances:

• Taxpayers can use Form 9465 to apply for a streamlined agreement. The taxpayer must owe $50,000 or less and must pay all their taxes within 72 months or by the expiration of the collection statute of limitations (generally 10 years).
• Instead of using Form 9465, taxpayers can apply for an online payment agreement, provided the taxpayer owes $50,000 or less in taxes, interest and penalties, or provided the taxpayer owns a business and owes $25,000 or less in total. A taxpayer cannot apply online for this agreement if the taxpayer owes more than $50,000.
• Taxpayers who owe $10,000 or less (without interest or penalties) can enter into a guaranteed installment agreement if the taxpayer agrees to pay all taxes within three years. The taxpayer must have filed all returns and paid all taxes due for the past five years, and cannot have entered into an installment agreement in the same period.
• A taxpayer who can make full payment within 120 days should not use Form 9465 but should instead call the IRS phone line to make arrangements. There is no user fee.

Under Code Sec. 469, passive losses can only be used to offset passive income. Taxpayers who have losses from a passive activity cannot use losses from a passive activity to offset nonpassive income, such as wages. A passive activity generally is an activity in which a taxpayer does not “materially participate.” Passive losses that cannot be deducted must be carried over to a future year, where they can offset newly generated passive income.

Under Code Sec. 469, passive losses can only be used to offset passive income. Taxpayers who have losses from a passive activity cannot use losses from a passive activity to offset nonpassive income, such as wages. A passive activity generally is an activity in which a taxpayer does not “materially participate.” Passive losses that cannot be deducted must be carried over to a future year, where they can offset newly generated passive income.

Taxpayers with excess passive losses may seek to generate additional passive income by converting nonpassive income into passive income. The regulations under Code Sec. 469 (Reg. §1.469-2(f)(6)) include a “self-rental rule” to prevent taxpayers from creating artificial passive activity income that they could use to offset their passive losses.

Ordinarily, rental income is treated as passive income. However, the self-rental rule provides that income from a taxpayer’s rental activity from an item of property, is treated as not being from a passive activity if the property is rented for use in a trade or business activity in which the taxpayer materially participates. Income that is recharacterized as nonpassive income cannot offset passive losses.

For example

An example of the self-rental rule was addressed in Williams, CA-5, 2016-1 USTC ¶50,173. In Williams, the taxpayer owned a C corporation and materially participated in the corporation’s trade or business. The taxpayer also owned an S corporation that rented real estate to the C corporation. The taxpayer did not materially participate in the rental activity. The rental activity generated income, which the taxpayer treated as passive income and used to offset passive losses from other entities.

The court concluded that the self-rental rule applied to the S corporation’s rental of the real property. The taxpayer, the owner of the S corporation, materially participated in the business of the C corporation that rented the property. As a result, the income generated by the rental activity had to be recharacterized as nonpassive income under the self-rental rule, and could not be used to offset the taxpayer’s passive losses from other activities.

As the 2016 filing season gets underway, many individuals will be receiving new information returns from their employers and/or health insurance providers. The information returns reflect new reporting requirements put in place by the Affordable Care Act. Some taxpayers will need to wait to file their returns until they receive their information returns, but most taxpayers will not.

As the 2016 filing season gets underway, many individuals will be receiving new information returns from their employers and/or health insurance providers. The information returns reflect new reporting requirements put in place by the Affordable Care Act. Some taxpayers will need to wait to file their returns until they receive their information returns, but most taxpayers will not.

Background

The ACA generally requires certain employers, insurance providers and the Health Insurance Marketplaces to provide statements to covered individuals about their health insurance coverage. Under the ACA, all individuals must carry minimum essential health insurance coverage or make a shared responsibility payment, unless exempt. Individuals who obtain coverage through the Health Insurance Marketplace may qualify for a special tax credit, the Code Sec. 36B credit, to help offset the cost of coverage.

Forms

The IRS has developed new forms for ACA reporting

• Form 1095-A, Health Insurance Marketplace Statement, the Health Insurance Marketplaces provide Form 1095-A to individuals enrolled in coverage, with information about the coverage, who was covered, and when.
• Form 1095-B, Health Coverage, health insurance providers (for example, health insurance companies) send this form to individuals they cover, with information about who was covered and when.
• Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, Certain employers send this form to certain employees, with information about what coverage the employer offered. Generally these are “applicable large employers.”                                                                                                        

This is the second year that the Health Insurance Marketplaces have provided Forms 1095-A to enrollees. However, this is the first year that health insurance providers and certain employers have furnished Forms 1095-B and 1095-C to covered individuals.

Deadlines

Health Insurance Marketplaces must provide enrollees with Form 1095-A by February 1, 2016. This year, the IRS has given health insurance providers and certain employers more time to furnish Forms 1095-B and 1095-C to covered individuals. The deadline to provide Forms 1095-B and 1095-C is March 31, 2016. Forms 1095-A, 1095-B and 1095-C will be mailed to recipients or provided electronically if the recipient has agreed to electronic delivery. Health insurance providers and certain employers also must file information returns with the IRS (Forms 1094-B and 1094-C) but those forms have different deadlines.

Returns

The IRS has instructed taxpayers who have coverage through the Health Insurance Marketplaces to wait to file their 2015 tax return until they receive Form 1095-A. Many enrollees in Marketplace coverage have received advance payments of the Code Sec. 36B credit and will need to reconcile the advance payments when they file their 2015 tax returns. These individuals will use the information on Form 1095-A to complete a separate form (Form 8962, Premium Tax Credit). Form 1095-A is not attached to a taxpayer’s return but retained for his or her records. As always, our office is here to provide assistance.

Individuals with employer-provided health insurance and other qualifying minimum essential health care coverage do not need to wait to file their 2015 tax return until they receive Forms 1095-B or 1095-C, the IRS has instructed. While the information on Forms 1095-B and 1095-C may assist in preparation of a tax return, they are not required, the IRS explained. Individuals may use other forms of documentation, in lieu of the information on Forms 1095-B and 1095-C, to show insurance coverage, such as insurance cards or payroll statements reflecting health insurance deductions, the IRS further explained. Like Form 1095-A, Forms 1095-B and 1095-C are not attached to the taxpayer’s return but are retained for his or her records.

If you have any questions about Forms 1095-A, 1095-B or 1095-C and the information they report, please contact our office.

The Protecting Americans from Tax Hikes Act of 2015 (PATH Act) extended and enhanced many popular tax breaks for individuals and businesses. Included in the large number of extended incentives is transit benefits parity. Moreover, Congress made transit benefits parity permanent. Many individuals may benefit from this tax break, depending on their employers.

The Protecting Americans from Tax Hikes Act of 2015 (PATH Act) extended and enhanced many popular tax breaks for individuals and businesses. Included in the large number of extended incentives is transit benefits parity. Moreover, Congress made transit benefits parity permanent. Many individuals may benefit from this tax break, depending on their employers.

Background

Many employers encourage employees to use mass transit or van pools to commute to and from work. Federal tax law also encourages commuting by mass transit or van pooling by treating these incentives as qualified transportation fringe benefits.

In 2009, Congress first enacted transit benefits parity as a temporary measure. Previously, the amounts that could be excluded from income as qualified transportation fringe benefits were subject to one monthly limit for combined transit pass and vanpool benefits and a higher monthly limit for qualified parking benefits. Parity increases the monthly exclusion for combined employer-provided transit passes and vanpool benefits to the same level as the monthly exclusion for employer-provided parking.

As mentioned, parity was temporary. Between 2009 and 2015, Congress regularly extended transit benefits parity as part of an annual (or every two year) extension of the so-called tax extenders. Before the PATH Act, the most recent extension of transit benefits parity had expired after December 31, 2014.

Permanent and retroactive

In 2015, Congress made parity permanent. The PATH Act permanently extends parity with no expiration date, as under previous laws. The PATH Act also makes transit benefits parity retroactive to January 1, 2015.

For 2015, the monthly limit on the exclusion for combined transit pass and vanpool benefits is $250, the same as the monthly limit on the exclusion for qualified parking benefits. Therefore, the maximum monthly excludable amount for the period January 1, 2015, through December 31, 2015, is $250 for transit passes and van pool benefits and also $250 for qualified parking. For 2016, the monthly exclusion for each benefit is $255.

IRS guidance

In Notice 2016-4, issued after passage of the PATH Act, the IRS clarified how employers should address the retroactive increase for periods after 2014 in the monthly exclusion for transit passes and van pooling benefits. The IRS also provided a special administrative procedure for employers to make adjustments on their Forms 941, Employer’s Quarterly Federal Tax Return, filed for the fourth quarter of 2015, and in filing Forms W-2, Wage and Tax Statement.

Bicycles

Federal tax law also provides an exclusion for commuting by bicycle. An employee must regularly use a bicycle to commute between his or her home and place of employment. The exclusion is generally limited to $20 per month, subject to certain restrictions. The PATH Act did not make any changes to the tax rules for commuting by bicycle.

If you have any questions about transit benefits parity, please contact our office.

In recent years, identity theft has mushroomed and as the filing season starts, tax-related identity theft is especially prevalent. Identity thieves typically file fraudulent returns early in the filing season, before unsuspecting taxpayers file their legitimate returns. Criminals gamble that the IRS will not detect the false return and will issue a fraudulent refund.

In recent years, identity theft has mushroomed and as the filing season starts, tax-related identity theft is especially prevalent. Identity thieves typically file fraudulent returns early in the filing season, before unsuspecting taxpayers file their legitimate returns. Criminals gamble that the IRS will not detect the false return and will issue a fraudulent refund.

Background

Tax-related identity theft occurs when criminals use stolen identification information to file a return claiming a fraudulent refund. According to the U.S. Department of Justice, tax-related identity theft is on the increase and is also becoming more organized. Tax-related identity theft is often perpetrated by criminal enterprises, involving multiple individuals.

In 2015, the IRS held several high-level meetings with state tax authorities and tax preparation software providers. These security summits focused on ways to improve cybersecurity and curb tax-related identity theft. All three sectors have agreed to share more information, where allowed by law, to combat tax-related identity theft. The IRS has made a number of upgrades to its return processing filters and taken other behind-the-scenes measures to flag fraudulent returns.

Identity validation for taxpayers using tax preparation software has been enhanced. These steps are intended to protect taxpayer accounts by creating security questions and device identity recognition, the IRS explained. All these actions for 2016, the IRS has explained, will serve as the baseline for additional improvements for the 2017 filing season.

Steps

The IRS has described the steps taxpayers should take if they suspect their identities have been stolen and a fraudulent return has been filed in their name:

• Taxpayers should contact the IRS and alert the agency that their identity has been stolen.
• Taxpayers should file a paper return if they are unable to e-file (for example, the fraudulent return was e-filed).
• Taxpayers should complete and file Form 14039, Identity Theft Affidavit, with their return.

After the taxpayer’s return and Form 14039 are received for processing by the IRS, the agency’s Identity Theft Victim Assistance (IDTVA) function will handle the case. This special unit will assess the scope of the issues to determine if the case affects one or more tax years as well as determining if there are other victims, who may be unknown to the taxpayer, listed on the fraudulent return. The IRS will mark the taxpayer’s account with an identity theft indicator and the taxpayer will receive an Identity Protection Personal Identification Number (IP PIN). According to the IRS, most tax-related identity theft cases are handled within 120 days but more complex cases may require additional time.

Verification of identity

Sometimes, the IRS may ask a taxpayer to verify his or her identity. This request is done by letter. The IRS explained that most verifications of identity can be done online or by telephoning the agency, but the IRS may request that an individual come in person to a Taxpayer Assistance Center to verify his or her identity.

If you have any questions about tax-related identity theft, please contact our office. If you believe your identity has been stolen or you have received a letter from the IRS asking you to verify your identity, please contact our office immediately. Our office can help you work with the IRS.

Yes, the IRS can impose penalties if a tax return is not timely filed or if a tax liability is not timely paid. As with all IRS penalties, the rules are complex. However, a taxpayer may avoid a penalty if he or she shows reasonable cause.

Yes, the IRS can impose penalties if a tax return is not timely filed or if a tax liability is not timely paid. As with all IRS penalties, the rules are complex. However, a taxpayer may avoid a penalty if he or she shows reasonable cause.

Failure to file

The penalty for failure to file a timely return is five percent of the net amount of tax due for each month or partial month of the delinquency, up to a maximum of 25 percent. The penalty runs from the due date of the return until the date the IRS actually receives the late return. If the failure to file an income tax return extends for more than 60 days, the penalty may not be less than the lesser of $135 (subject to annual inflation adjustments) or 100 percent of the tax due on the return. The penalty applies to the net amount due, which is the tax shown on the return and any additional tax found to be due as reduced by any credits for withholding and estimated tax payments.

Failure to pay

The failure-to-pay tax penalty is generally one-half of one percent of the amount of the unpaid tax for each month of the delinquency, up to a maximum of 25 percent for 50 months. For failure to pay tax shown on the return, the penalty is imposed on the amount shown on the return, less amounts that have been withheld, estimated tax payments, partial payments and other applicable credits. For failure to pay a deficiency within the number of days allotted after the date of a notice and demand, the penalty is imposed on the tax stated in the notice, reduced by the amount of any partial payments.

Overlap

Complexity enters when a taxpayer is subject to both the failure-to-file and the failure-to-pay penalty. In this case, the failure-to-file penalty is generally reduced by the amount of the failure-to-pay penalty. Every taxpayer’s situation is unique, so please contact our office for more details.

Reasonable cause

The failure-to-pay penalty does not apply if the taxpayer shows that the failure-to-pay was due to reasonable cause and not to willful neglect. Generally, the taxpayer must pay the tax due before the IRS will abate a failure-to-pay penalty for reasonable cause.

Certain entities

The Tax Code authorizes the IRS to impose specific penalties on certain entities that fail to file returns. These include a partnership that is required to file a partnership return but does not timely do so, or files a return that does not contain the required information; and an S corporation that is required to file its information return but does not timely do so, or files a return that does not contain the required information, and certain persons with certain interests or stock in a foreign partnership or corporation, among other entities.

Penalties are one of the most complex areas in the Tax Code. If you have any questions about penalties, do not hesitate to contact our office.

Everyone in business must keep records. Among other things, good records will help a business prepare the business tax returns, and will support items reported on tax returns. Taxpayers also must keep their business records available for inspection by the IRS.

Everyone in business must keep records. Among other things, good records will help a business prepare the business tax returns, and will support items reported on tax returns. Taxpayers also must keep their business records available for inspection by the IRS.

In order to claim any deduction, a business owner, like any taxpayer, must prove two things: what expenses were for and that the expense was in fact paid or incurred. Supporting documents may include sales slips, paid bills, invoices, receipts, deposit slips, and canceled checks. The documents should show the amount paid and the reason for the expense. Businesses must keep their records as long as needed to qualify under the Tax Code. Generally, this means until the period of limitations for auditing the return expires.

Special expenses

There are special recordkeeping requirements and strict documentation rules for certain expenses. These expenses include:

• expenses for travel away from home (including meals and lodging while traveling),
• meal and entertainment expenses,
• business gifts, and
• cars and other means of transportation.

For these expenses, taxpayers must keep receipts and must also substantiate each individual expense as to (1) the amount, (2) time and place, and (3) business purpose. For entertainment and gift expenses, taxpayers must also provide the business relationship of the person(s) being entertained or receiving a gift. For vehicle expenses, taxpayers must keep a mileage log.

Reimbursed Expenses

Businesses that give reimbursements and allowances to their employees for employment-related travel and entertainment expenses must generally treat these amounts as income to the employees. However, there is no income inclusion if: (1) the employee is required to account for the expenses to the employer; (2) the employee does not deduct the expenses; and (3) the total expenses equal the total reimbursements and allowances.

Accounting for expenses means giving the employer documentary evidence and an account book or statement to verify each expense’s amount, time, place and business purpose. An employee is treated as having accounted for expenses if the employer provided a fixed allowance, and the employee verifies the time, place, and business purpose of each expense. A fixed allowance includes the standard mileage rate for cars and the federal per diem rate for travel away from home.

Accountable Plan

A reimbursement arrangement is considered an accountable plan if it meets the following three requirements:

1. It provides advances, allowances or reimbursements for business expenses paid or incurred by an employee;
2. Each business expense must be substantiated to the employer within a reasonable period of time; and
3. The employee must return any excess reimbursement within a reasonable period of time.

If the arrangement is an accountable plan, the reimbursements are excluded from the employee's wages and exempt from employment taxes. Any excess reimbursement that is not returned within a reasonable period is treated as paid under a nonaccountable plan.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of February 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of February 2016.

February 1
Individuals. Individuals may file their 2015 Form 1040 and avoid any penalty otherwise assessed for not making the final installment of 2015 estimated tax payment by January 15.

February 1
Businesses. Give annual information statements to recipients of certain payments made during 2015. These information returns include (but are not limited to) Forms 1097-BTC, 1098, 1098-C, 1098-E, 1098-MA, 1098-T, and all 1099 series returns. 

All employers. Give employees their copies of Form W­2 for 2015. If an employee agreed to receive Form W­2 electronically, have it posted on a website and notify the employee of the posting.

February 3
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 27–29. 

February 5
Employers. Semi-weekly depositors must deposit employment taxes for payroll date January 30–Feb. 2. 

February 10
Employees who work for tips. Employees who received $20 or more in tips during January must report them to their employer using Form 4070.

Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 3–5.

February 12
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 6–9. 

February 16
Individuals. Individuals wishing to continue claiming the same number of exemptions from income tax withholding as in the previous tax year must submit Form W-4, Employee's Withholding Allowance Certificate, to their employer. 

Businesses. File information returns with the IRS for certain payments made during 2015. These information returns only apply to payment reported on Form 1099-B, 1099-S, or Form 1099-MISC box 8 or 14.

February 18
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 10–12. 

February 19
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 13-16. 

February 24
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 17–19. 

February 26
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 20-23. 

February 29
All businesses. File information returns with the IRS (for example, Forms 1099) for certain payments made during 2015. These payments are described under February 1. There are different forms for different types of payments. Use a separate Form 1096 to summarize and transmit the forms for each type of payment. See the General Instructions for Certain Information Returns for information on what payments are covered, how much the payment must be before a return is required. 

Farmers and fishermen. File 2015 income tax return (Form 1040) and pay any tax due, without penalty for having not paid 2015 estimated tax by January 15, 2016. Otherwise, file by April 18.

March 2
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 24–26. 

March 4
Employers. Semi-weekly depositors must deposit employment taxes for payroll date February 27–March 1.

The IRS has issued the 2016 optional standard mileage rates for calculating the deductible costs of operating an automobile for business, charitable, medical, and moving purposes (Notice 2016-1; IR-2015-137). The decline in gas prices appeared to spur the drop in the optional rates.

The IRS has issued the 2016 optional standard mileage rates for calculating the deductible costs of operating an automobile for business, charitable, medical, and moving purposes (Notice 2016-1; IR-2015-137). The decline in gas prices appeared to spur the drop in the optional rates.

The optional standard mileage rate for business will drop from 57.5 cents a mile (for 2015) to 54 cents a mile for 2016, a decrease of 3.5 cents, and the lowest rate in five years. The optional standard mileage rates for medical and moving expenses drops from 23 cents for 2015 to 19 cents per mile for 2016, a decrease of four cents and, again, the lowest rate in five years. The optional standard mileage rate for charitable expenses, which is set by statute, remains at 14 cents per mile for 2016.

Rules for use

Rev. Proc. 2010-51 provides rules for computing deductible costs of operating an automobile, including the use of the optional standard rates. The business standard mileage rate is a substitute for all the costs of an automobile for business use, including depreciation, maintenance and repairs, and gasoline.

However, a taxpayer may not use the business standard mileage rate after using a depreciation method under Code Sec. 168 or after claiming the Code Sec. 179 deduction for that vehicle. Furthermore, a taxpayer may not use the business rate for more than four vehicles at a time.

To compute the allowance under a fixed and variable rate plan, the standard automobile cost may not exceed $28,000 for cars or $31,000 for trucks and vans.

Depreciation

For automobiles used for business, a taxpayer must use 24 cents per mile as the portion of the standard mileage rate treated as depreciation for 2016. For prior years, these amounts are 24 cents for 2015, 22 cents for 2014, and 23 cents for both 2012 and 2013. These amounts are used to calculate basis reductions for depreciation taken under the standard mileage rate.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of January 2016.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of January 2016.

January 6
Employers. Semi-weekly depositors must deposit employment taxes for payroll date January 1

January 8
Employers. Semi-weekly depositors must deposit employment taxes for payroll January 2 - 5 

January 11
Employees who work for tips. Employees who received $20 or more in tips during December must report them to their employer using Form 4070. 

January 13
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 6–8. 

January 15
Individuals. Individuals that did not pay their income tax for the year through withholding (or did not pay in enough tax through withholding) may make a final payment of estimated tax for 2015, using Form 1040-ES, Estimated Tax for Individuals.
Employers. Semi-weekly depositors must deposit employment taxes for payroll date January 9-12. 

January 19
Filing Season. The 2016 filing season officially begins.  

January 21
Employers. Semi-weekly depositors must deposit employment taxes for payroll date January 13–15. 

January 22
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 16-19. 

January 27
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 20–22 

January 29
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 23–26. 

February 1
Information reporting. All employers must provide their employees with their copies of Form W-2 for 2015. Businesses must give annual information statements to recipients of certain payments made during 2015. Use the appropriate version of Form 1099 or other information return.
Payers of gambling winnings. Payers of reportable gambling winnings or withheld income tax from gambling winnings for 2015 must provide the winners with their copies of Form W-2G.
Nonpayroll items. Those who withheld income tax withheld for 2015 on all nonpayroll items, including backup withholding and withholding on pensions, annuities, IRAs, and gambling winnings.

An S corporation can own an interest in another business entity. It can also be a partner in a partnership or a member of a limited liability company (LLC). An S corporation can own 80 percent or more of the stock of a C corporation, which can elect to join in the filing of a consolidated return with its affiliated C corporations. However, an S corporation is ineligible to be a member of the affiliated group and to join in the election to file a consolidated return.

An S corporation can own an interest in another business entity. It can also be a partner in a partnership or a member of a limited liability company (LLC). An S corporation can own 80 percent or more of the stock of a C corporation, which can elect to join in the filing of a consolidated return with its affiliated C corporations. However, an S corporation is ineligible to be a member of the affiliated group and to join in the election to file a consolidated return.

The primary mechanism for ownership of another entity is for an S corporation to own a subsidiary S corporation, known as a qualified Subchapter S subsidiary. The subsidiary must be otherwise eligible to be an S corporation if the parent’s shareholders directly owned the subsidiary’s stock. The parent S corporation must own the subsidiary’s stock directly and must own 100 percent of the subsidiary’s stock.

Finally, the parent must elect, on Form 8869, to treat the corporation as a qualified Subchapter S subsidiary. The election of qualified S corporation subsidiary status results in a deemed liquidation of the subsidiary into the parent. If the election later is revoked or terminates, the former subsidiary is treated as a new corporation that acquired all of its assets and assumed all of its liabilities immediately before the termination.

For tax purposes, the separate existence of the subsidiary is ignored. All the assets, liabilities and items of income, deduction or credit of the subsidiary are treated as belonging to the parent S corporation. However, the subsidiary is treated as a separate entity for employment tax liabilities paid in 2009 or later, and certain excise taxes paid in 2008 or later. If the subsidiary was a separate corporation before joining with the parent, the subsidiary remains liable for any taxes that arose during the period when it was separate.

After acknowledging earlier this year that hackers breached one of its popular online apps, the IRS has promised more identity theft protections in the 2016 filing season. The IRS, along with partners in the tax preparation community, has identified and tested more than 20 new data elements on returns to help detect and prevent identity-theft related filings. The agency is also working to prevent criminals from accessing tax-time financial products.

After acknowledging earlier this year that hackers breached one of its popular online apps, the IRS has promised more identity theft protections in the 2016 filing season. The IRS, along with partners in the tax preparation community, has identified and tested more than 20 new data elements on returns to help detect and prevent identity-theft related filings. The agency is also working to prevent criminals from accessing tax-time financial products.

Identity theft

Combatting identity theft is on ongoing process as criminals continue to create new ways of stealing personal information and using it for their gain. Tax-related identity theft typically peaks early in the filing season. Criminals file bogus returns early so taxpayers remain unaware you have been victimized until they try to file a return and learn one already has been filed. Between 2011 and 2015, the IRS identified 19 million suspicious returns and prevented the issuance of some $60 billion in fraudulent refunds. During the 2015 filing season, the IRS detected and stopped more than 3.8 million suspicious returns.

However, criminals continue to probe for weaknesses. In May, the IRS discovered that criminals had breached its Get Transcript app. Return information of as many as 300,000 taxpayers may have been compromised, the IRS reported.

New protections

In March, the IRS began working with the return preparation community and the tax software industry to develop a coordinated response to tax-related identity theft. The stakeholders, the IRS reported, have focused on a number of areas including improved validation of the authenticity of taxpayers and information on returns, increased information sharing to improve refund fraud detection and expand prevention, as well as more sophisticated threat assessment and strategy development to prevent risks and threats.

One outgrowth of the process is the creation of new data elements that can be shared at the time of filing with the IRS to help authenticate a taxpayer's identity. The IRS explained that there are more than 20 new data components. They will be submitted with electronic return transmissions during the 2016 filing season. Some of the data elements are

• Reviewing the transmission of the tax return, including the improper and/or repetitive use of internet addresses from which the return is originating;
• Reviewing the time it takes to complete a tax return, so computer mechanized fraud can be detected.
• Capturing metadata in the computer transaction that will allow review for identity theft related fraud.

"We are taking new steps upfront to protect taxpayers at the time they file and beyond," IRS Commissioner John Koskinen said at a news conference in Washington, D.C. "Thanks to the cooperative efforts taking place between the industry, the states and the IRS, we will have new tools in place this January to protect taxpayers during the 2016 filing season."

Financial products

Previously, the IRS announced that it would limit the number of direct deposit refunds to a single financial account or pre-paid debit card to three. Fourth and subsequent valid refunds will convert to paper checks and be mailed to the taxpayer. The IRS emphasized that it will continue to bolster its efforts to curb tax-time financial product fraud.

If you have any questions about tax-related identity theft, please contact our office.

IR-2015-117, FS-2015-23

As the calendar approaches the end of 2015, it is helpful to think about ways to shift income and deductions into the following year. For example, spikes in income from selling investments or other property may push a taxpayer into a higher income tax bracket for 2015, including a top bracket of 39.6 percent for ordinary income and short-term capital gains, and a top bracket of 20 percent for dividends and long-term capital gains. Adjusted gross incomes that exceed the threshold for the net investment income (NII) tax can also trigger increased tax liability. Accordingly, traditional year-end techniques to defer income or to accelerate deductions can be useful.

As the calendar approaches the end of 2015, it is helpful to think about ways to shift income and deductions into the following year. For example, spikes in income from selling investments or other property may push a taxpayer into a higher income tax bracket for 2015, including a top bracket of 39.6 percent for ordinary income and short-term capital gains, and a top bracket of 20 percent for dividends and long-term capital gains. Adjusted gross incomes that exceed the threshold for the net investment income (NII) tax can also trigger increased tax liability. Accordingly, traditional year-end techniques to defer income or to accelerate deductions can be useful.

Techniques for deferring income include:

• Hold appreciated assets;
• Consider a tax-fee like-kind exchange or property if disposing of appreciated assets used for investment or in a business;
• Sell depreciated capital assets, especially if capital gains have been realized;
• Hold U.S. savings bonds;
• Sell property on the installment basis;
• Defer bonuses earned in 2015 until 2016;
• Make salary-reduction contributions into employer-sponsored plans, such as 401(k) plans, 403(b) plans, and 457 plans, and into flexible spending accounts;
• Minimize retirement distributions;
• Defer billings and collections;
• Recharacterize a Roth IRA as a traditional IRA if the traditional IRA was converted to a Roth IRA in 2015, and the assets in the Roth IRA have subsequently declined in value.

It is important to monitor the progress of tax legislation. Congress has not yet renewed individual and business tax extender provisions that expired at the end of 2014, but historically Congress does renew these provisions. Extenders for individuals include the state and local sales tax deduction (in lieu of the state and local income tax deduction), the higher education tuition and fees deduction, the teacher's classroom expense deduction, and the residential energy property credit.

Techniques for accelerating deductions include into 2015:

• Bunch itemized deductions into 2015 by paying medical expenses, making charitable contributions, and paying miscellaneous expenses such as employment-related items (don't delay bill payments until 2016);
• Accelerate payments of state and local taxes by increasing withholding or making the final state estimated tax payment installment in 2015;
• Make payments/contributions by credit card (timing is based on payment by credit card, not on payment of the credit card bill);
• Use Code Sec. 179 for business expensing and bonus depreciation to write off the costs of newly-acquired equipment.

The approach of year-end 2015 makes it tax planning season. Tax law developments in 2015 can affect, for example, the deduction of costs and expenses, the treatment of contributions to tax-favored accounts, and the inclusion of certain benefits in income. Traditional year-end planning techniques for investments and retirement are also important. Small businesses also have some tools for year-end tax planning. Although it may seem early to contemplate year-end planning, the remaining weeks of 2015 will pass quickly and taxpayers need to be proactive.

The approach of year-end 2015 makes it tax planning season. Tax law developments in 2015 can affect, for example, the deduction of costs and expenses, the treatment of contributions to tax-favored accounts, and the inclusion of certain benefits in income. Traditional year-end planning techniques for investments and retirement are also important. Small businesses also have some tools for year-end tax planning. Although it may seem early to contemplate year-end planning, the remaining weeks of 2015 will pass quickly and taxpayers need to be proactive.

Investments

Taking inventory of gains and losses at this time to map out a year-end buy, sell or hold strategy later makes particular sense. Investors should note that immediate losses in the stock markets do not necessarily translate into tax losses. The fact that assets purchased several years ago may still yield taxable gains because of low basis, and the existence of the wash sale rule if a stock is purchased within 30 days before or after a sale, should be considered in assessing current tax positions.

Taxpayers should also remember the higher tax rate environment that is now in its third year. Not only has the top rate jumped to 39.6 percent for ordinary income (and short-term capital gains) but the rate for long-term capital gains and qualified dividends has increased from 15 to 20 percent. Furthermore, a 3.8 percent net investment tax applies to taxpayers with income above a non-inflation-adjusted threshold ($250,000 for married taxpayers filing jointly; $125,000 for married taxpayers filing separately; and $200,000 for all other taxpayers).

Saving for retirement

Although most IRA contributions for a particular year may be made until the filing date for that year, other deadlines are at year end, such as contributions to 401(k) plans and Roth conversions and re-conversions. Required minimum distributions for retirees and those over age 70 ½ also generally carry a year-end distribution date beyond which a penalty applies. One exception allows an individual turning age 70 ½ to delay starting distributions until April 1 of the year following the year in which the individual turns 70 ½.

Small businesses

Many small businesses have relied on the generous Section 179 deduction, which is now up for renewal as part of the extenders legislation, to gain an immediate write-off for equipment, rather than follow depreciation schedules. One alternative now available to many businesses is the de minimis safe harbor threshold amount under the final so-called "repair regs." Currently, a de minimis safe harbor under the repair regulations allows taxpayers to deduct certain items cost $5,000 or less (per item or invoice) and that are deductible in accordance with the company's accounting policy reflected on their applicable financial statement (AFS). IRS regulations also provide a $500 de minimis safe harbor threshold for taxpayers without an applicable financial statement.

New tax laws

So far this year, Congress has passed and President Obama has signed several tax bills. Two new laws impact tax planning for public safety officers. The Don't Tax Our Fallen Public Safety Heroes Act clarifies that both federal and state benefits for public safety officers fallen or injured in the line of duty are treated the same in the tax code and are not taxable. The Defending Public Safety Employees' Retirement Act affects retirement planning. Generally, taxpayers who receive an early distribution from a qualified retirement plan are subject to a 10 percent penalty, unless an exemption exists. The Defending Public Safety Employees' Retirement Act expands the exemption to include certain federal law enforcement officers, federal firefighters, customs and border protection officers, and air traffic controllers.

Late last year, Congress passed the legislation creating A Better Life Experience (ABLE) accounts. States are now enacting enabling legislations, which along with federal law, will allow ABLE accounts to be set up for qualified individuals with disabilities (who became disabled before age 26) for tax years beginning after December 31, 2014. Contributions in a total amount up to the annual gift tax exclusion amount, currently $14,000, can be made to an ABLE account on an annual basis, and distributions are tax-free if used to pay qualified disability expense

One bill that has not yet passed is legislation to extend the so-called tax extenders. The Tax Increase Prevention Act of 2014 (TIPA) only extended these popular but temporary tax breaks for 2014. The expired extenders include the state and local sales tax deduction, higher education tuition deduction, transit benefits parity, research tax credit, the work opportunity tax credit, and many others. The extenders are likely to be renewed for 2015 but Congress may wait till December to pass a bill. Our office will keep you posted of developments.

If you have any questions about year-end tax planning, please contact our office. We can develop a personalized year-end tax planning strategy.

Foreign travel expenses may be subject to allocation if the taxpayer engages in personal activities while traveling on business. A portion of the foreign travel expenses may be nondeductible if the individual engages in substantial nonbusiness activity. The allocation rules apply where the individual engages in substantial nonbusiness activity at, near, or beyond the business destination; or, when the personal destination is en route to and from the business destination.

Foreign travel expenses may be subject to allocation if the taxpayer engages in personal activities while traveling on business. A portion of the foreign travel expenses may be nondeductible if the individual engages in substantial nonbusiness activity. The allocation rules apply where the individual engages in substantial nonbusiness activity at, near, or beyond the business destination; or, when the personal destination is en route to and from the business destination.

The rules apply for travel outside the 50 states and the District of Columbia. Travel to the possessions is considered travel outside the U.S. Travel outside the U.S. does not include any travel from one point in the U.S. to another point in the United States, even though part of the trip is outside the United States.

Allocation is done on a day-to-day basis, in proportion to the number of nonbusiness days during the trip to the entire trip. Each day is considered either entirely a business day or entirely a nonbusiness day. A day spent outside the U.S. is deemed a business day, even though only part of the day was spent on business, if any of the following apply:

• The taxpayer was traveling to or returning from a destination outside the U.S. in pursuit of a trade or business.
• The taxpayer's presence outside the U.S. on that day was required at a particular place for a specific business purpose.
• During hours that are normally considered appropriate for business activity the taxpayer's principal activity was the pursuit of a trade or business.

If the trip is primarily personal in nature, travel expenses to and from the destination are not deductible, even if the taxpayer engages in business activities while at the destination.

Once the amount of travel expenses subject to the allocation and disallowance rules is determined, that amount is multiplied by a fraction, equal to the number of nonbusiness days during the trip, divided by the total number of business and nonbusiness days during the trip.

These restrictions do not apply when any of the following conditions applies:

• Travel time outside the United States do not exceed one week.
• Nonbusiness travel time is less than 25 percent of the total time.
• The individual lacks substantial control over the travel arrangements (other than the timing of the trip).
• The vacation portion of the trip is a not a major consideration of the taxpayer.