IRS PROPOSES PTIN FEES The IRS proposed (REG-139343-08, issued July 23, 2010) to begin charging all authorized tax preparers a $50 user fee to obtain or renew annually a preparer tax identification number (PTIN). The fee would be on top of a fee charged by a third-party vendor that will
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TOPICS / TAX
Individual income taxation
Taxpayers Who Built New Home Denied Exclusion
The Tax Court held that a married couple could not exclude gain under IRC § 121 from the sale of a house that they had never lived in, built after they had demolished their former residence on the same site. The court held that Congress intended that the exclusion should
Per Diem Travel Rates Updated
The IRS issued updated federal per diem rates and procedures Thursday (Revenue Procedure 2010-39) for substantiating deductible expenses or employer-paid allowances for lodging, meals and incidental expenses incurred in business-related travel away from home. The revenue procedure supersedes Revenue Procedure 2009-47, issued Sept. 30, 2009, and is generally effective for
Adoption Tax Credit Guidance Released
The IRS issued interim guidance Wednesday on the child adoption credit and income exclusion for employer reimbursements of adoption expenses, as expanded by the Patient Protection and Affordable Care Act (PL 111-148). For tax years beginning in 2010 and 2011, the act made the credit for qualified adoption expenses (QAEs)
IRS Activates New PTIN System
The IRS deployed a new preparer tax identification number (PTIN) registration system Tuesday as a component of its initiative to register and regulate paid tax return preparers. All paid tax return preparers (including CPAs, attorneys and enrolled agents) must apply for and obtain a PTIN—even if they already have one—before
IRS Says It Won’t Give Advance Guidance on Transactions Under Codified Economic Substance Doctrine
The IRS issued its first guidance on the newly codified economic substance doctrine on Monday (Notice 2010-62). In general, the IRS says it will enforce the two-prong test mandated in the Code and will not issue guidance on whether specific transactions pass muster. The economic substance doctrine was originally created
Treasury Announces Low-Cost Financial Account Program for Taxpayers
In a move that may cut down on the use of refund anticipation loans (RALs), the Treasury Department announced on Thursday the launch of a pilot program to provide taxpayers with access to low-cost financial accounts. This is the second action in the past month the Treasury Department has taken
Two-Year Limit on Equitable Relief Petitions Upheld
The Seventh Circuit Court of Appeals reversed the Tax Court and upheld IRS regulations restricting to two years the period in which taxpayers can petition under IRC § 6015(f) for equitable innocent spouse relief from joint and several liability. Cathy Lantz was married to a dentist convicted of Medicare fraud.
2010 Tax Software Survey
The Journal of Accountancy and The Tax Adviser conducted a survey of AICPA members who prepared 2009 tax returns for a fee to determine which tax preparation software products were the most popular, what aspects of those products preparers liked, and what they disliked. Of the 17 products identified for
Son Liable for Father’s Unpaid Taxes
The Tax Court affirmed an IRS determination that a son is liable for his father’s unpaid taxes as the transferee of his father’s Florida condominium. Florida’s Uniform Fraudulent Transfer Act (FUFTA) did not protect the son from the liability. When his mother’s health declined in 1989, Scott Rubenstein moved from
Wider Material Participation Rules Could Increase Self-Employment Tax
In three recent cases, the Tax Court and Court of Federal Claims have held that a member of a limited liability company (LLC) or a limited liability partnership (LLP) should be treated as a general partner rather than presumptively as a limited partner for purposes of testing for material participation
AICPA Testifies at IRS Hearing on User Fee Regulations
Edward Karl, the AICPA’s vice president of taxation, testified Tuesday at an IRS hearing on proposed regulations relating to the user fee aspect of the Service’s proposal to require all paid tax return preparers to obtain a preparer tax identification number (PTIN) and use it on all tax returns after
IRS Expands Use of Electronic Payments, Discontinues Paper Coupons
The IRS has issued proposed regulations that would eliminate paper coupons for deposits of employment taxes, corporate income and estimated taxes, and many other taxes (REG-153340-09). The paper coupon payment system will be shut down at the end of this year. With this change, taxpayers will be required to use
IRS Moves Forward With Preparer Registration Plan
On Thursday, the IRS issued proposed regulations that would put into place many of the parts of its plan to register and regulate tax return preparers (REG-138637-07). Proposed amendments to Circular 230 would clarify the definition of tax practice, establish a new “registered tax return preparer” designation, define the eligibility
Rules Issued for Income Deferral of Canceled Debt
The IRS issued temporary and proposed regulations Wednesday relating to taxpayer elections to defer recognition of cancellation of debt (COD) income. The American Recovery and Reinvestment Act of 2009 (ARRA, PL 111-5) enacted IRC § 108(i), providing an election to defer COD income arising from the forgiveness or reacquisition of
Members of Congress Ask Treasury to Modify Return Preparer Registration Plans
Thirty-one members of the House of Representatives wrote to Treasury Secretary Timothy Geithner on Aug. 2, expressing concerns with aspects of the IRS’ proposal to regulate paid tax return preparers. The House members asked that the plan be modified to exempt nonsigning preparers who work for a CPA firm from
IRS Will Stop Providing Debt Indicators; Exploring Ways for Taxpayers to Use Refunds to Pay Preparers
The IRS on Thursday announced that it will stop providing “debt indicators” to tax preparers and associated financial institutions (IR-2010-89). Currently, when a tax preparer e-files a client’s tax return, the IRS indicates in the acknowledgment file if the taxpayer will have any portion of the refund offset for delinquent
2010 Tax Software Survey: Lacerte
Click here for detailed survey responses for Lacerte. (Opens in new window; click once to enlarge.) General Information Tax program name: Lacerte Vendor name: Intuit, Inc. Telephone (sales): 800-765-7777 E-mail (sales): APD_Sales@intuit.com Website: http://lacerte.intuit.com Number of users: N/A Pricing Price on Federal 1040 (new customers): Federal 1040: $2,799 for unlimited
2010 Tax Software Survey: Drake Software
Click here for detailed survey responses for Drake Software. (Opens in new window; click once to enlarge.) General Information Tax program name: Drake Software Vendor name: Drake Software Telephone (sales): 800-890-9500 E-mail (sales): Sales@DrakeSoftware.com Website: DrakeSoftware.com Number of users: 34,000+ Pricing Price on Federal 1040 (new customers): $1,495 (with early
2010 Tax Software Survey: TaxSlayer Pro
Click here for detailed survey responses for TaxSlayer Pro. (Opens in new window; click once to enlarge.) General Information Tax program name: TaxSlayer Pro Vendor name: TaxSlayer Pro Telephone (sales): 888-420-1040 E-mail (sales): sales@taxslayerpro.com Website: www.taxslayerpro.com Number of users: 7,000+ Pricing Price on Federal 1040 (new customers): Classic: $895Premium: $995
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