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How can the nonpayment testing period for COD income be improved?

In Notice 2012-65, the IRS asked for public comments on whether it should amend existing Regs. Secs. 1.6050P-1(b)(2)(i)(H) and (iv), which require applicable financial entities to issue Forms 1099-C reporting cancellation of debt (COD) income when a 36-month nonpayment testing period has expired. Under Sec. 6050P and its regulations, COD

Obama can’t expect a “fiscal honeymoon” in second term, Fitch says

Newly reelected President Barack Obama and Congress need to quickly come to an agreement on how to avoid the so-called “fiscal cliff” and raise the government’s debt ceiling, if the nation wants to avoid another recession, Fitch Ratings said Wednesday. “The economic policy challenge facing the president is to put

Leave-based donation programs allowed for Hurricane Sandy relief

In response to the extraordinary damage caused by Hurricane Sandy and the extreme need for relief, the IRS has released guidance for employers who are considering adopting leave-based donation programs to aid the storm’s victims (Notice 2012-69). A leave-based donation program allows employees to forgo vacation, sick, or personal leave

One-time abatement of $5,000 frivolous filing penalty announced

Taxpayers who have filed all required tax returns and paid all outstanding tax liabilities, including penalties (except for the Sec. 6702 penalty) and related interest, may qualify for a one-time reduction to $500 of any unpaid penalties that the IRS has assessed (Rev. Proc. 2012-43). Under Sec. 6702, a $5,000

IRS extends deadlines, provides relief for Hurricane Sandy victims

Late on Friday, the IRS announced various tax relief measures for individuals and businesses affected by Hurricane Sandy in Connecticut, New Jersey, and New York (e-News for Tax Professionals No. 2012-44). The relief applies to taxpayers in areas in those states declared a disaster area by the Federal Emergency Management

S.C. taxpayers’ Social Security numbers, credit cards hacked

The South Carolina Department of Revenue is providing affected taxpayers a year of credit monitoring after a hacker stole information including 3.6 million Social Security numbers and 387,000 credit and debit card numbers from its computer systems. State revenue officials announced Friday that the S.C. Division of Information Technology learned

TIGTA: IRS unable to detect ITIN fraud; AICPA urges changes

IRS management created an atmosphere that discourages tax examiners from identifying potentially fraudulent applications for individual taxpayer identification numbers (ITINs), the Treasury Inspector General for Tax Administration reported in August (TIGTA Rep’t No. 2012-42-081). ITINs allow individuals who are not eligible for Social Security numbers to obtain an identification number for

Schedule UTP: The early returns are in

The first two years of corporate income tax returns requiring Form 1120, Schedule UTP, Uncertain Tax Position Statement, have been filed, and the IRS has described first-year returns and provided guidance for the growing number of business taxpayers that will be required to file it. Schedule UTP was a required

Facing the tax cliff

You can’t pick up a newspaper or go online this fall without seeing stories about the coming “tax cliff” or “taxmageddon”—the time at the end of this year when the current tax rates for income, capital gains, gifts, and estates are scheduled to expire. Mostly overlooked by the news media

TIGTA: Appeals errors persist

The IRS Office of Appeals continues to make errors in classifying hearings and determining the statute of limitation on collections, the Treasury Inspector General for Tax Administration reported (TIGTA Rep’t No. 2012-10-077). The audit and report, required annually by statute, indicates that, based on statistical samples studied, the potential number

Charitable contributions of vehicles

Your clients may ask about donating used vehicles to charitable organizations. Donating a car is a good way to get a tax deduction, but increased scrutiny by the IRS means taxpayers need to have a good understanding of the rules related to the items claimed on their return. Clients should

Corporation cannot deduct California business privilege tax in year paid

Banking corporation Wells Fargo, an accrual-basis taxpayer, could not deduct the California business privilege tax it paid in one year (year 1) for the privilege of doing business the next year (year 2), even though California law had since 1972 treated the tax as being incurred in year 1, a

What is an item of property?

The Tax Court held the IRS properly recharacterized income generated from the rental of semi truck tractors and trailers as nonpassive under the self-rental rule, since each tractor or trailer was considered an item of property under Regs. Sec. 1.469-2(f)(6). Generally, taxpayers’ passive losses are currently deductible only to the

Proposed amendments would change apportionment rules

The Multistate Tax Commission is considering significant changes to the rules that govern how multistate businesses are taxed. The goal of the proposed amendments is to modernize the Multistate Tax Compact so it conforms to shifting tax policy preferences and changes in the world economy. All but three states (Delaware,

IRS wins again on appeal of rehabilitation credit

In the IRS’s second successful appeal of historic rehabilitation credits for private investors in public projects, the Third Circuit reversed and remanded the Tax Court’s decision in Historic Boardwalk Hall LLC. The IRS victory follows earlier success in Virginia Historic Tax Credit Fund, 639 F.3d 129 (4th Cir. 2011). Prior

Fiscal worries to persist regardless of who wins election

The “fiscal cliff” and long-term government deficit issues are weighing heavily on the minds of finance professionals, and they do not expect business conditions to improve regardless of the results of the Nov. 6 presidential election. Three-fourths of 949 executives who responded to a survey at the annual conference of

FATCA prop. regs. amended to extend various deadlines

The IRS is delaying various FATCA-related deadlines because it has received feedback that complying with the original deadlines and other requirements is proving to be impractical for some taxpayers (Announcement 2012-42). The announced changes modify the 388-page proposed regulations issued in February related to the Foreign Account Tax Compliance Act

IRS announces inflation adjustments for 2013

On Thursday, the IRS released its annual revenue procedure making inflation adjustments to the gift tax annual exclusion and other items for tax years beginning in 2013 (Rev. Proc. 2012-41). The gift tax annual exclusion will increase from $13,000 to $14,000 in 2013 and the amount of foreign earned income

TIGTA: IRS pays millions in unnecessary interest on NOL carrybacks

The Treasury Inspector General for Tax Administration (TIGTA) issued a report Monday in which it found that IRS delays in processing net operating loss (NOL) carrybacks result in the IRS’s paying millions of dollars in interest unnecessarily (TIGTA Rep’t No. 2012-40-111). According to TIGTA, the IRS pays these millions in

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