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AICPA sues IRS to stop return preparer program

An unenrolled preparer program is an “end run” around an adverse court decision, the Institute says.  The AICPA filed suit in the U.S. District Court for the District of Columbia in July, asking the court to halt the IRS’s recently introduced Annual Filing Season Program. The AICPA’s three-count complaint asks

Tax relief for small employer retirement plans

To avoid the expense of establishing a retirement plan, many small employers have left their employees on their own when it comes to saving for retirement. However, the small employer pension plan startup costs credit under Sec. 45E alleviates some of the burden by allowing a credit for establishing a

IRS issues guidance on health insurance premium tax credits

Allocation of credit, abused spouses, and self-employed taxpayers are among issues addressed. The IRS issued regulations and revenue procedures addressing how to calculate the Sec. 36B premium tax credit (subject of the lawsuits discussed in the previous item), including how the credit is calculated in conjunction with the Sec. 162(l)

Federal courts disagree on premium tax credits through federal exchanges

The IRS will continue processing credit claims despite one circuit’s decision overruling a key Affordable Care Act provision. The appellate courts for the D.C. Circuit and the Fourth Circuit issued conflicting decisions on July 22 regarding the availability of the Sec. 36B premium tax credit for taxpayers who purchase health

Goodwill not distributed to sole shareholder

The Tax Court finds that a family trucking business did not distribute appreciated intangible assets under Sec. 311(b). The Tax Court held that a trucking company’s alleged goodwill was personally owned by its sole shareholder, and therefore the trucking company had no goodwill asset to transfer. Because goodwill was not

Giant Eagle’s advance deductions grounded

No deduction or gross profit offset is allowed for discounts offered on future fuel purchases by customers under a customer loyalty program. The Tax Court held that a taxpayer was not entitled to deduct the estimated future cost of fuel discounts earned by its customers until those discounts were redeemed.

Final regs. allow deduction for local lodging expenses

Regulations issued on Tuesday finalize rules the IRS put into effect in 2012 allowing employees to deduct certain expenses paid or incurred for local lodging as business expenses (T.D. 9696). Normally, lodging expenses a taxpayer incurs while not traveling away from home are considered personal expenses under Sec. 262(a) and

IRS signals PPACA compliance issues for 2015

This month, the IRS made several updates to the Internal Revenue Manual (IRM) that provide insight on the notices and enforcement methods the Service will use next tax season to ensure taxpayers comply with the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148. Most compliance efforts focus on the

AICPA identifies problems with IRS’s electronic signature rules

Jeffrey Porter, chair of the AICPA’s Tax Executive Committee, sent a letter to IRS Commissioner John Koskinen on Wednesday raising concerns about the IRS’s recently issued guidance on electronic signatures. The letter addresses the electronic signature standards that apply when a taxpayer does not appear in person before the tax

Doctors lack standing to challenge delay of employer mandate

The Seventh Circuit affirmed the dismissal of a suit objecting to the IRS’s decision to delay imposing the Sec. 4980H employer mandate penalty until 2015 (Association of American Physicians and Surgeons, Inc., No. 14-2123 (7th Cir. 9/19/14), aff’g No. 13-C-1214 (E.D. Wis. 3/18/14)). Under Sec. 4980H, an applicable large employer

Details of proposed anti-inversion rules are revealed

The IRS followed up on the Treasury Department’s Monday announcement that it is cracking down on corporate tax inversions by providing more detail on how the crackdown will work (Notice 2014-52). The new rules, which will be issued as regulations, generally apply to inversion transactions occurring on or after Sept.

Changes proposed to allocation rules for rollovers

The IRS says it has become aware that some plan providers have been treating disbursements from retirement plans that contain both pretax and after-tax contributions as a single distribution of the aggregate disbursement amount, rather than as separate distributions, as required by the regulations. In proposed regulations issued on Thursday

IRS announces proposed changes to cafeteria plan elections and lookback period

The IRS issued two notices on Thursday, proposing to change the rules for when a taxpayer can revoke health care coverage in a cafeteria plan and enroll in a plan on the Health Insurance Marketplace exchanges, and how to measure the lookback period for determining who is a full-time employee

Special per diem rates issued for 2014–2015 travel expenses

On Friday, the IRS issued its annual update of special per diem rates for use in substantiating certain business expenses taxpayers incur when traveling away from home in 2014 and 2015 (Notice 2014-57).The notice provides the transportation industry meal and incidental expenses rates, the rate for the incidental-expenses-only deduction, and

Regulations update hybrid defined benefit plan rules

On Monday, the IRS released final and proposed regulations providing guidance on so-called hybrid defined benefit pension plans (T.D. 9693 and REG-111839-13). The regulations deal with changes made by the Pension Protection Act of 2006, P.L. 109-280, and the Worker, Retiree, and Employer Recovery Act of 2008, P.L. 110-458. The

PFIC reporting rules do not apply to certain marked-to-market stock

On Wednesday, the IRS announced that it will amend the regulations governing the reporting requirements for U.S. persons who hold stock in passive foreign investment companies (PFICs). The amendments will provide that, if a taxpayer marks to market PFIC stock under Sec. 475 or any Code section other than Sec.

IRS explains power-of-attorney requirements for corporate taxpayers

On Tuesday, the IRS’s Office of Professional Responsibility (OPR) issued a bulletin clarifying when corporate officers or employees must have a valid power of attorney in order to represent the company before the IRS (OPR Bulletin 2014-12). The bulletin also discusses how the existence of a power of attorney may

CPA practitioners sue to stop PTIN fees

Two CPAs have filed suit in the U.S. district court for the District of Columbia, asking the court to stop the IRS from charging fees for issuing preparer tax identification numbers (PTINs), to obtain refunds of fees paid in the past, and to enjoin the IRS from asking for more

ERISA: 40 years later

The 40th anniversary of ERISA’s enactment is a good time to look back at the problems with pensions that the legislation was intended to solve, and the problems that face today’s and tomorrow’s retirees, who increasingly must provide for their own retirement.

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