The AICPA Forensic and Valuation Services Executive Committee (FVSEC) submitted a comment letter opposing a U.S. Department of Labor (DOL) proposal to change the definition of the term fiduciary. The FVSEC opposes the change because it would make virtually all valuations prepared for benefit plans, including employee stock ownership plans
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Another Circuit Says Overstatement of Basis Is Not an Omission From Gross Income
The ongoing controversy over whether a taxpayer’s overstatement of basis triggers a six-year statute of limitation period continues as the Fourth Circuit has held that the extended period does not apply (Home Concrete & Supply, LLC, No. 09-2353 (4th Cir. 2/7/11)). The taxpayers had artificially overstated the bases in their
IRS Announces Second Offshore Voluntary Disclosure Program
On Tuesday, the IRS announced that it is starting a new program designed to bring money held in foreign accounts back into the U.S. tax system and to help taxpayers with income from offshore accounts to comply with federal tax law. Under the program, taxpayers that disclose previously undisclosed foreign
IRS Guidance on Court-Ordered Restitution
In a piece of informal guidance, the IRS Office of Chief Counsel provided an outline of its understanding of the IRS’ new authority to assess and collect court-ordered restitution for failure to pay tax (CCA 201105037). The Firearms Excise Tax Improvement Act (PL 111-237), enacted in August 2010, amended IRC
Final Regs Issued on Treating Musical Works as Capital Assets
The IRS issued final regulations on Friday governing how to elect to treat the sale or exchange of a musical work or copyright in a musical work as a sale or exchange of a capital asset (TD 9514). The IRC § 1221(a)(3) definition of capital asset excludes certain property held
Foreign Housing Expense Limitations for 2011 Released
The IRS has provided the inflation-adjusted limitations on foreign housing expenses for 2011 (Notice 2011-8). Under IRC § 911(a), a qualified individual can elect to exclude from gross income his or her foreign earned income and housing costs. Section 911(c)(1) provides a formula for determining the excludible amount of the
Enterprise Risk Management: Combating a Growing Organizational Threat
The catastrophic meltdown of financial markets that began in September 2008 resulted in a full range of challenges—both old and new—for organizations worldwide. Similar to other periods of adversity and uncertainty, it prompted organizations to re-evaluate their policies, processes and procedures from a renewed perspective, and implement change wherever it
IRS Revises Withholding Rules for Nonresident Alien Employees
On Wednesday, the IRS announced the 2011 procedures for withholding on wages of nonresident alien employees who work in the United States (Notice 2011-12). The new procedures apply to wages paid on or after Jan. 1, 2011. In 2010, special withholding procedures were instituted for nonresident aliens because they were
Individual Insurance Mandate Held Unconstitutional Again
A second federal district court has held that the individual insurance mandate in the health care reform legislation is unconstitutional (Florida v. Department of Health and Human Services, No. 3:10-cv-91-RV/EMT (N.D. Fla. 1/31/11)). And, in this case, the court has refused to sever the mandate from the rest of the
Featured Online Content for February 2011
FEATURED VIDEO David R. Williams, the former director of Electronic Tax Administration at the IRS, heads the Service’s new Return Preparer Office. In his presentation to the AICPA National Tax Conference in October 2010, he described the office’s priorities, which include the preparer tax identification numbers (PTINs) registration system and
Deadline Nearing for Comments on Proposed SSARS
The Accounting and Review Services Committee is seeking comments on the exposure draft Proposed Statement on Standards for Accounting and Review Services, The Use of the Accountant’s Name in a Document or Communication Containing Unaudited Financial Statements That Have Not Been Compiled or Reviewed. The proposal amends SSARS no. 19,
FASB, IASB Address Offsetting Transactions, Impairment Models
FASB and the International Accounting Standards Board (IASB) took two more steps toward convergence with the release of joint proposals that address offsetting transactions and accounting for impairment of financial assets. An exposure draft released on Friday proposes to establish a common approach to offsetting financial assets and financial liabilities
Save Time and Trouble With General Asset Accounts
Small and medium-size entrepreneurial businesses are sometimes blessed with a good idea but many similar or identical capital assets and not much time or accounting prowess to keep track of them all individually. Larger businesses may seek more efficient tax treatment for standard capital assets, such as laptop computers issued
New 1099 Rules: President’s Speech Offers Hope for Some Relief; Exceptions for Rental Income Reporting Remain Vague
For small businesses that were dreading the thought of having to produce a Form 1099 for every payee to which they paid at least $600, President Barack Obama offered the prospect of relief in his State of the Union speech Jan. 25 when he said, “We can start right now
Audit Guide Covers Capitalization Rules
Practitioners have been making use of a resource arising from the IRS’ ongoing audit initiative concerning capitalization rules. The IRS issued Capitalization v. Repairs Audit Technique Guide (LB&I-4-0910-023) as a framework for examining agents to follow when determining whether a business’s expenses should be capitalized or an immediate deduction allowed,
Bill Introduced to Address Tax Strategy Patents
On Tuesday, Sens. Max Baucus, D-Mont., and Chuck Grassley, R-Iowa, introduced legislation intended to stop the granting of patents for tax strategies. The Equal Access to Tax Planning Act of 2011 (S 139) would provide that “any strategy for reducing, avoiding, or deferring tax liability” is deemed to be “prior
Report Recommends New Standard-Setting System, Board for Private Companies
A blue-ribbon panel on Wednesday submitted a report to FASB’s parent organization—the Financial Accounting Foundation (FAF)—recommending significant changes to the future of accounting standard setting for private companies, including a separate standard-setting board. The panel concluded that “there are urgent and growing systemic issues that need to be addressed in
Compromise Reached for Financial Instruments; Revenue Recognition and Leases Less Certain
FASB Chairman Leslie Seidman said Tuesday via webcast that FASB and the International Accounting Standards Board (IASB) have reached a compromise on a single approach to impairment for financial instruments. She acknowledged, however, that substantial constituent feedback on the boards’ joint proposals for revenue recognition and leases reveals several major
IRS Targets 1040 Schedules, Procedures in Preparer Compliance Visits
In its current round of office visits involving tax preparer compliance, the IRS is targeting practitioners who prepare a high percentage of returns with certain Form 1040 schedules and is checking preparers’ procedures and recordkeeping. For a second tax season, the IRS has sent reminders to tax preparers of their
GAO Concludes Existing Regulation Covers Financial Planners
No additional layer of regulation of financial planners appears to be currently needed, the Government Accountability Office (GAO) concluded in a study and recently released report. The GAO study and report (GAO-11-235) were mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to examine the effectiveness
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