Tuesday, July 1, 2014

Unused ITINS to Expire After Five Years; New Uniform Policy Eases Burden on Taxpayers, Protects ITIN Integrity

Unused ITINS to Expire After Five Years; New Uniform Policy Eases Burden on Taxpayers, Protects ITIN Integrity
WASHINGTON — Individual Taxpayer Identification Numbers (ITINs) will expire if not used on a federal income tax return for five consecutive years, the Internal Revenue Service announced today. To give all interested parties time to adjust and allow the IRS to reprogram its systems, the IRS will not begin deactivating ITINs until 2016.
The new, more uniform policy applies to any ITIN, regardless of when it was issued. Only about a quarter of the 21 million ITINs issued since the program began in 1996 are being used on tax returns. The new policy will ensure that anyone who legitimately uses an ITIN for tax purposes can continue to do so, while at the same time resulting in the likely eventual expiration of millions of unused ITINs.
Developed in consultation with taxpayers, their representatives and other stakeholders, the new policy replaces the existing one that went into effect on Jan. 1, 2013.
Under the old policy, announced in November 2012, ITINs issued after Jan. 1, 2013 would have automatically expired after five years, even if used properly and regularly by taxpayers. Though ITINs issued before 2013 were unaffected by that change, the IRS said at the time that it would explore options for deactivating or refreshing the information relating to these older ITINs.
ITINs play a critical role in the tax administration system and assist with the collection of taxes from foreign nationals, resident and nonresident aliens and others who have filing or payment obligations under U.S. law. Designed specifically for tax administration purposes, ITINs are only issued to people who are not eligible to obtain a Social Security Number.
Under the new policy:
  • An ITIN will expire for any taxpayer who fails to file a federal income tax return for five consecutive tax years.
  • Any ITIN will remain in effect as long as a taxpayer continues to file U.S. tax returns. This includes ITINs issued after Jan. 1, 2013. These taxpayers will no longer face mandatory expiration of their ITINs and the need to reapply starting in 2018, as was the case under the old policy.
  • To ease the burden on taxpayers and give their representatives and other stakeholders time to adjust, the IRS will not begin deactivating unused ITINs until 2016. This grace period will allow anyone with a valid ITIN, regardless of when it was issued, to still file a valid return during the upcoming tax-filing season. 
  • A taxpayer whose ITIN has been deactivated and needs to file a U.S. return can reapply using Form W-7. As with any ITIN application, original documents, such as passports, or copies of documents certified by the issuing agency must be submitted with the form. 

Further details, including information on how and when taxpayers with expired ITINs will be notified, will be posted on IRS.gov at a later date.

Tuesday, May 20, 2014

Tax Information for Students Who Take a Summer Job

Tax Information for Students Who Take a Summer Job
Many students take a job in the summer after school lets out. If it’s your first job it gives you a chance to learn about the working world. That includes taxes we pay to support the place where we live, our state and our nation. Here are eight things that students who take a summer job should know about taxes:
1. Don’t be surprised when your employer withholds taxes from your paychecks. That’s how you pay your taxes when you’re an employee. If you’re self-employed, you may have to pay estimated taxes directly to the IRS on certain dates during the year. This is how our pay-as-you-go tax system works.
2. As a new employee, you’ll need to fill out a Form W-4, Employee’s Withholding Allowance Certificate. Your employer will use it to figure how much federal income tax to withhold from your pay. The IRS Withholding Calculator tool on IRS.gov can help you fill out the form.
3. Keep in mind that all tip income is taxable. If you get tips, you must keep a daily log so you can report them. You must report $20 or more in cash tips in any one month to your employer. And you must report all of your yearly tips on your tax return.
4. Money you earn doing work for others is taxable. Some work you do may count as self-employment. This can include jobs like baby-sitting and lawn mowing. Keep good records of expenses related to your work. You may be able to deduct (subtract) those costs from your income on your tax return. A deduction may help lower your taxes.
5. If you’re in ROTC, your active duty pay, such as pay you get for summer camp, is taxable. A subsistence allowance you get while in advanced training isn’t taxable.
6. You may not earn enough from your summer job to owe income tax. But your employer usually must withhold Social Security and Medicare taxes from your pay. If you’re self-employed, you may have to pay them yourself. They count toward your coverage under the Social Security system.
7. If you’re a newspaper carrier or distributor, special rules apply. If you meet certain conditions, you’re considered self-employed. If you don’t meet those conditions and are under age 18, you are usually exempt from Social Security and Medicare taxes.
8. You may not earn enough money from your summer job to be required to file a tax return. Even if that’s true, you may still want to file. For example, if your employer withheld income tax from your pay, you’ll have to file a return to get your taxes refunded. You can prepare and e-file your tax return for free using IRS Free File. It’s available exclusively on IRS.gov.
Visit IRS.gov for more about the tax rules for students.
Additional IRS Resources:
• Student's Page - High School
• Student's Page - Higher Education
IRS YouTube Videos:
• Part-Time and Summer Jobs – English
• IRS Withholding Calculator – English | Spanish | ASL
IRS Podcasts:

• IRS Withholding Calculator – English | Spanish

Monday, April 21, 2014

Options for Taxpayers Who Owe Taxes

If you owe taxes but can’t pay in full, the IRS has options for you. Most importantly, make sure you file your tax return and pay as much as you can. Then let the IRS help you choose your best option to pay. Here are some options to consider, even if you can’t pay the full amount right now:
• Borrow the money.  If you don’t have the money to pay all your taxes now, then you may want to get a loan from a bank or other source. The interest rate may be lower than the interest and penalties the IRS charges on late taxes. You also may be able to borrow against your assets or sell them to raise cash.
• Make an Online Payment Agreement.  If you are unable to pay in full, then consider paying over time. If you owe $50,000 or less, you can apply for an installment agreement. You may choose to make convenient monthly direct debit payments for up to 72 months. With this option, there are no checks to write or send. And you won’t miss a payment or pay late. The best way to apply is to use the IRS Online Payment Agreement tool on IRS.gov. If you don’t have access to the Internet, you can apply by filing Form 9465, Installment Agreement Request.
The IRS can also help if your tax debt is more than $50,000 or you need more than six years to pay. In these cases, the IRS may ask for further financial information. See Form 433-A or Form 433-F, Collection Information Statement.
• Use an Offer in Compromise as a last resort.  An Offer in Compromise is an agreement that allows you to settle your tax debt for less than the full amount. Generally, the IRS will accept an offer if it represents the most the agency can expect to collect within a reasonable time. The IRS looks at several factors to make a decision on your offer. Use the Offer in Compromise Pre-Qualifier tool on IRS.gov to see if you may be eligible for an OIC.
The IRS has also increased the amount that taxpayers owe before the IRS normally files a Notice of Federal Tax Lien. Find more information on these topics on IRS.gov.

Additional IRS Resources:
IRS YouTube Videos:
IRS Podcasts:

Monday, March 17, 2014

Four Tax Facts about the Health Care Law for Individuals

Four Tax Facts about the Health Care Law for Individuals

There are a few basic tips to keep in mind about the new health care law. Health insurance choices you make now may affect the income tax return you file in 2015.
1. Most people already have qualified health insurance coverage and will not need to do anything more than maintain qualified coverage throughout 2014.
2. If you do not have health insurance through your job or a government plan, you may be able to buy it through the Health Insurance Marketplace.
3. If you buy your insurance through the Marketplace, you may be eligible for an advance premium tax credit to lower your out-of-pocket monthly premiums.
4. Your 2014 tax return will ask if you had insurance coverage or qualified for an exemption.  If not, you may owe a shared responsibility payment when you file in 2015.
What should you do now?
If you or your family does not have health insurance, find out more now. Talk to your employer about the coverage they offer, or visit the Marketplace online.
Find out more about the health care law and the Marketplace at www.HealthCare.gov.

Find out more about the premium tax credit and the shared responsibility payment at www.IRS.gov/aca.

Tuesday, December 31, 2013

IRS Offers New Tax Guide to Help Prepare 2013 Taxes

IRS Offers New Tax Guide to Help Prepare 2013 Taxes

 
The Internal Revenue Service has published a newly revised comprehensive tax guide on IRS.gov to help taxpayers get the most out of various tax benefits. However, the IRS is discontinuing its printed wall calendar listing various tax due dates.
Publication 17, Your Federal Income Tax, features details on taking advantage of a wide range of tax-saving opportunities, such as the American Opportunity Tax Credit for parents and college students, and the Child Tax Credit and Earned Income Tax Credit for low- and moderate-income workers. It also includes a rundown on tax changes for 2013 including information on revised tax rates and new limits on various tax benefits for some taxpayers.  This useful 292-page guide also provides thousands of interactive links to help taxpayers quickly get answers to their questions

Publication 17 has been published annually by the IRS since the 1940s and has been available on the IRS web site since 1996. As in prior years, this publication is packed with basic tax-filing information and tips on what income to report and how to report it, figuring capital gains and losses, claiming dependents, choosing the standard deduction versus itemizing deductions, and using IRAs to save for retirement.
 
Besides Publication 17, IRS.gov offers many other resources for those doing year-end tax planning. Many 2013 forms are already posted, and updated versions of other forms, instructions and publications are being posted almost every day. Forms already available include Form 1040 and short Forms 1040A and1040EZ.
For tax professionals, the IRS also recently released the latest edition of its tax calendars in Publication 509, listing the due dates for various individual and business tax forms. However, according to a reader of Accounting Today, the IRS has discontinued the printed wall calendar that used to list the due dates on the pages of each month.
The IRS noted on the cover of Publication 509 that Publication 1518, IRS Tax Calendar for Small 
Businesses and Self-Employed, has been discontinued after 2013. However, the IRS said that an IRS Tax Calendar and most of the information previously contained in Publication 1518 can be found atwww.irs.gov/taxcalendar. The calendar dates can be imported into a user's own calendar sofware through the IRS CalendarConnector, and users can also subscribe to the IRS's Small Businesses Calendar through Outlook 2007 or 2010, or Mac iCal.

http://www.accountingtoday.com/news/IRS-Offers-New-Tax-Guide-Help-Prepare-2013-Taxes-69135-1.html?ET=webcpa:e9776:2885964a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=tpt_123013&taxpro

Friday, December 13, 2013

Shutdown for Business Modernized e-File (MeF)


Subject:  Shutdown for Business Modernized e-File (MeF)



Attention: (MeF) Participants - Transmitters, Software Developers, Practitioners and States
To ensure that all BMF tax returns e-filed through the Modernized e-File (MeF) system are processed timely, the following MeF Production shutdown/cut over and acknowledgment retrieval schedule has been established. It is imperative that everyone adhere to the schedule shown below.
Business MeF Production Shutdown/Cut Over Schedule
Shutdown is scheduled to begin on Thursday, December 26, 2013 in order to prepare the system for the upcoming 2014 Filing Season.
A QuickAlert will be issued once the BMF start up date for the 2014 Filing Season has been finalized.
Important Note: States who schedule retrieval of their state submissions may have to change their schedule in order to retrieve submissions in time to validate returns and submit acknowledgements by 11:30 a.m., Eastern on December 26th. Anything not retrieved thru MeF by 11:59 a.m. on December 26th cannot be accessed again until MeF reopens for Production in January 2014.
Shutdown Deadlines on Thursday, December 26, 2013 Eastern Time                  
Transmitters:
      Transmitting Submissions (State & Federal)        10:00 a.m.
      Retrieving Acknowledgements                           11:59 a.m.
States:
      Transmitting Acknowledgements                        11:30 a.m.                                                                                                                                                            MeF Assurance Testing System (ATS) Schedule
ATS will remain open throughout this production shutdown/cut over period (12/26/2013 - 01/2014).
Please monitor the MeF Status Page for any updates.  We apologize for any inconveniences and thank you for your cooperation.

Wednesday, December 11, 2013

IRPAC Issues Annual Report for 2013


IRPAC Issues Annual Report for 2013

WASHINGTON — The Information Reporting Program Advisory Committee (IRPAC) today released its annual report for 2013, including numerous recommendations to the Commissioner of Internal Revenue on new and existing issues in tax administration.

“In their report, IRPAC members provide valuable feedback to the IRS on a wide range of information reporting issues,” IRS Acting Commissioner Danny Werfel said. “Committee members have graciously offered their time and expertise. The IRS will carefully consider their recommendations.”

In the 2013 report, IRPAC recommends that IRS:

  • Extend truncation of taxpayer identification numbers (TINs) to employer identification numbers (EINs)
  • Expand the TIN matching program to permit matching on a greater number of return types
  • Improve instructions to reduce errors on Form 1099-MISC and
  • Provide additional guidance with regard to merchant card reporting on Form 1099-K

The committee also commented on cost basis reporting for debt instruments, specifically addressing requirements, practices and capabilities for reporting market premium and discount. There are also extensive discussions of reporting requirements under the Foreign Account Tax Compliance Act (FATCA) and the Affordable Care Act.

The full 2013 IRPAC Public Report is available on IRS.gov.
IRPAC is a federal advisory committee that provides an organized public forum for discussion of information reporting issues. It is comprised of a diverse cross-section of individuals drawn from the tax professional community, financial institutions, small and large businesses, universities and colleges, and securities and payroll firms

Tuesday, December 3, 2013

IRS to Employers: Hire Veterans by Dec. 31 and Save on Taxes


IRS to Employers: Hire Veterans by Dec. 31 and Save on Taxes

If you plan to hire soon, consider hiring veterans. If you do, you may be able to claim the federal Work Opportunity Tax Credit worth thousands of dollars.

You must act soon. The WOTC is available to employers that hire qualified veterans before the new year.

Here are six key facts about the WOTC:

1. Hiring Deadline.  Employers hiring qualified veterans before Jan. 1, 2014, may be able to claim the WOTC. The credit was set to expire at the end of 2012. The American Taxpayer Relief Act of 2012 extended it for one year.

2. Maximum Credit.  The tax credit limit is $9,600 per worker for employers that operate a taxable business. The limit for tax-exempt employers is $6,240 per worker.

3. Credit Factors.  The credit amount depends on a number of factors. They include the length of time a veteran was unemployed, the number of hours worked and the amount of the wages paid during the first year of employment.

4. Disabled Veterans.  Employers hiring veterans with service-related disabilities may be eligible for the maximum tax credit.

5. State Certification.  Employers must file Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit, with their state workforce agency. They must file the form within 28 days after the qualified veteran starts work. For more information, visit the U.S. Department of Labor’s WOTC website.

6. E-file.  Some states accept Form 8850 electronically.

For more about this topic, visit IRS.gov and enter ‘WOTC’ in the search box.


Additional IRS Resources:

Monday, December 2, 2013

IRS Will Issue Proposed Guidance for Tax-Exempt Social Welfare Organizations


Treasury, IRS Will Issue Proposed Guidance for Tax-Exempt Social Welfare Organizations

Initial Proposed Guidance Clarifies Qualification Requirements and Seeks Public Input

WASHINGTON — The U.S. Department of the Treasury and the Internal Revenue Service today will issue initial guidance regarding qualification requirements for tax-exemption as a social welfare organization under section 501(c)(4) of the Internal Revenue Code. This proposed guidance defines the term “candidate-related political activity,” and would amend current regulations by indicating that the promotion of social welfare does not include this type of activity. The proposed guidance also seeks initial comments on other aspects of the qualification requirements, including what proportion of a 501(c)(4) organization’s activities must promote social welfare.

The proposed guidance is expected to be posted on the Federal Register later today.

There are a number of steps in the regulatory process that must be taken before any final guidance can be issued. Given the significant public interest in these and related issues, Treasury and the IRS expect to receive a large number of comments. Treasury and the IRS are committed to carefully and comprehensively considering all of the comments received before issuing additional proposed guidance or final rules.

“This is part of ongoing efforts within the IRS that are improving our work in the tax-exempt area,” said IRS Acting Commissioner Danny Werfel. “Once final, this proposed guidance will continue moving us forward and provide clarity for this important segment of exempt organizations.”

“This proposed guidance is a first critical step toward creating clear-cut definitions of political activity by tax-exempt social welfare organizations,” said Treasury Assistant Secretary for Tax Policy Mark J. Mazur. “We are committed to getting this right before issuing final guidance that may affect a broad group of organizations. It will take time to work through the regulatory process and carefully consider all public feedback as we strive to ensure that the standards for tax-exemption are clear and can be applied consistently.”

Organizations may apply for tax-exempt status under section 501(c)(4) of the tax code if they operate to promote social welfare. The IRS currently applies a “facts and circumstances” test to determine whether an organization is engaged in political campaign activities that do not promote social welfare. Today’s proposed guidance would reduce the need to conduct fact-intensive inquiries by replacing this test with more definitive rules.

In defining the new term, “candidate-related political activity,” Treasury and the IRS drew upon existing definitions of political activity under federal and state campaign finance laws, other IRS provisions, as well as suggestions made in unsolicited public comments.

Under the proposed guidelines, candidate-related political activity includes:

1. Communications

  • Communications that expressly advocate for a clearly identified political candidate or candidates of a political party.
  • Communications that are made within 60 days of a general election (or within 30 days of a primary election) and clearly identify a candidate or political party.
  • Communications expenditures that must be reported to the Federal Election Commission.

2. Grants and Contributions

  • Any contribution that is recognized under campaign finance law as a reportable contribution.
  • Grants to section 527 political organizations and other tax-exempt organizations that conduct candidate-related political activities (note that a grantor can rely on a written certification from a grantee stating that it does not engage in, and will not use grant funds for, candidate-related political activity).

3. Activities Closely Related to Elections or Candidates

  • Voter registration drives and “get-out-the-vote” drives.
  • Distribution of any material prepared by or on behalf of a candidate or by a section 527 political organization.
  • Preparation or distribution of voter guides that refer to candidates (or, in a general election, to political parties).
  • Holding an event within 60 days of a general election (or within 30 days of a primary election) at which a candidate appears as part of the program.

These proposed rules reduce the need to conduct fact-intensive inquiries, including inquiries into whether activities or communications are neutral and unbiased.

Treasury and the IRS are planning to issue additional guidance that will address other issues relating to the standards for tax exemption under section 501(c)(4). In particular, there has been considerable public focus regarding the proportion of a section 501(c)(4) organization’s activities that must promote social welfare. Due to the importance of this aspect of the regulation, the proposed guidance requests initial comments on this issue.

The proposed guidance also seeks comments regarding whether standards similar to those proposed today should be adopted to define the political activities that do not further the tax-exempt purposes of other tax-exempt organizations and to promote consistent definitions across the tax-exempt sector.


Tuesday, November 19, 2013

IR-2013-90: IRS Warns Consumers of Possible Scams Relating to Relief of Typhoon Victims

IR-2013-90: IRS Warns Consumers of Possible Scams Relating to Relief of Typhoon Victims

IRS Warns Consumers of Possible Scams Relating to Relief of Typhoon Victims
WASHINGTON ― The Internal Revenue Service today issued a consumer alert about possible scams taking place in the wake of Typhoon Haiyan. On Nov. 8, 2013, Typhoon Haiyan – known as Yolanda in the Philippines – made landfall in the central Philippines, bringing strong winds and heavy rains that have resulted in flooding, landslides, and widespread damage.
Following major disasters, it is common for scam artists to impersonate charities to get money or private information from well-intentioned taxpayers. Such fraudulent schemes may involve contact by telephone, social media, email or in-person solicitations.
The IRS cautions people wishing to make disaster-related charitable donations to avoid scam artists by following these tips:
  • To help disaster victims, donate to recognized charities.
  • Be wary of charities with names that are similar to familiar or nationally known organizations. Some phony charities use names or websites that sound or look like those of respected, legitimate organizations. The IRS website at IRS.gov has a search feature, Exempt Organizations Select Check, through which people may find legitimate, qualified charities; donations to these charities may be tax-deductible. Legitimate charities may also be found on the Federal Emergency Management Agency (FEMA) website at fema.gov.
  • Don’t give out personal financial information — such as Social Security numbers or credit card and bank account numbers and passwords — to anyone who solicits a contribution from you. Scam artists may use this information to steal your identity and money.
  • Don’t give or send cash. For security and tax record purposes, contribute by check or credit card or another way that provides documentation of the gift.
  • If you plan to make a contribution for which you would like to claim a deduction, see IRS Publication 526, Charitable Contributions, to read about the kinds of organizations that can receive deductible contributions.
Bogus websites may solicit funds for disaster victims. Such fraudulent sites frequently mimic the sites of, or use names similar to, legitimate charities, or claim to be affiliated with legitimate charities in order to persuade members of the public to send money or provide personal financial information that can be used to steal identities or financial resources.   Additionally, scammers often send e-mail that steers the recipient to bogus websites that appear to be affiliated with legitimate charitable causes.
Taxpayers suspecting disaster-related frauds should visit IRS.gov and search for the keywords “Report Phishing.” More information about tax scams and schemes may be found at IRS.gov using the keywords “scams and schemes.”

 

You may have violated tax law


You may have violated tax law
by submitting inaccurate returns


Our review of the Earned Income Tax Credit (EITC) returns you prepared for tax year 2012 indicates you may
have submitted inaccurate returns on behalf of your clients. Intentionally disregarding EITC tax law could
result in penalties and other consequences for you as the paid preparer and your clients. The primary issue we
identified on your TY 2012 returns is questionable income and expenses reported on Schedule Cs.
Letter 5025-C (Rev. 10-2013)


Catalog Number 59927S

Department of the Treasury
Internal Revenue Service
Date:
Tax year:
Contact telephone number:

If you file inaccurate EITC returns:

Your client may face:


A ban for 2 or 10 years from claiming the EITC, depending on the reason we disallowed the EITC
Accuracy-related or fraud penalties
Interest charges on the amount he or she must repay


You may face:


• A $500 penalty for each failure to comply with EITC due diligence requirements (section 6695(g) of the

Internal Revenue Code)
• A penalty of at least $1,000 for each disallowed EITC claim if any part of the tax liability is understated

due to an unreasonable position (section 6694(a) of the Internal Revenue Code)
• A penalty of at least $5,000 for each disallowed EITC claim if any part of the tax liability is understated

due to willful or reckless conduct (section 6694(b) of the Internal Revenue Code)
If we assess return-related penalties against you, we might also:
Revoke your status as a registered return preparer
Bar you from preparing tax returns
Refer you for criminal investigation
Suspend or remove you or your firm from IRS e-file
Conduct a due diligence audit

Last year, over 90% of due diligence audits resulted in a preparer penalty.
Requirements for paid preparer due diligence

As a paid preparer, you must take extra steps to ensure your EITC returns are complete and correct (section
6695(g) of the Internal Revenue Code and section 1.6695-2 of the Treasury Regulations). You must use your
knowledge of the tax laws to ask your clients the right questions and document your questions and their
responses to meet the following four due diligence requirements:
Letter 5025-C (Rev. 10-2013)


Catalog Number 59927S

DUE DILIGENCE REQUIREMENTS


STEP 1 Complete Form 8867, Paid Preparer's Earned Income Credit Checklist, and submit it with


every EITC return you prepare.

STEP 2 Complete an EITC worksheet, or its equivalent, that shows how you computed the EITC.



STEP 3


Analyze the information your client provides and ask appropriate questions in response
Evaluate whether the information is incomplete and gather any missing facts
Determine if the information is inconsistent or incorrect (recognize contradictions or


statements you know could not be true)

Document your inquiries and your client's responses



STEP 4


Keep copies of:

The completed Form 8867
Your EITC worksheet
Records of who provided you with EITC eligibility information and when they provided it
Documents your clients provided that you relied on to determine eligibility for the EITC or


to compute the amount of the EITC
You must keep these records for 3 years from the later of:

The due date of the return
The date the return was e-filed
The date the taxpayer signed the return
The date you gave the part you prepared to the signing return preparer

Sincerely,
The most common reason we assess due diligence penalties is for failure to meet the knowledge requirement
(step 3 of the due diligence requirements). You should:
- Conduct an in-depth interview with every client, every year
- Apply a common sense standard to the information your client provides
- Ask additional probing and relevant questions if a reasonable and well-informed tax return preparer
knowledgeable in the law would conclude that any information appears to be incorrect, inconsistent, or
incomplete.
Tax software is a tool, not a substitute for your tax law knowledge and common sense. I am enclosing
Publication 4687, EITC Due Diligence Brochure.


For more information on EITC requirements or EITC due diligence

Visit our website at www.eitc.irs.gov/rptoolkit/main/. If you have further questions, you must call us within

30 days at the number at the top of this letter.
We will monitor your future returns to ensure that your accuracy improves.
Enclosure:
Publication 4687
Letter 5025-C (Rev. 10-2013)


Catalog Number 59927S