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Regulations Issued on Repair Expenditures

On Friday, the IRS issued long-awaited temporary and identical proposed regulations (T.D. 9564; REG-168745-03) regarding the treatment of expenditures incurred in selling, acquiring, producing, or improving tangible assets, including rules on determining whether costs related to tangible property are deductible repairs or capital improvements. The temporary regulations affect all taxpayers

Congress Passes Temporary Payroll Tax Cut Extension

The reduced 4.2% Social Security tax rate will remain in effect at least through February. The Senate and the House of Representatives on Friday both agreed by unanimous consent to extend the reduced rate, and President Barack Obama signed the bill—the Temporary Payroll Tax Cut Continuation Act of 2011 (H.R.

Many Tax Provisions Set to Expire at Year-End

Congress has reportedly broken its impasse and agreed to extend the payroll tax cut for two months, so the reduced Social Security tax rate will not expire as scheduled at midnight on Dec. 31. While Congress’ negotiations over extending the reduced payroll tax rate have garnered a lot of media

IRS PTIN Application System to Go Down for Maintenance

The IRS announced on its website that it will not be accepting new applications for preparer tax identification numbers (PTINs) from 5 p.m. EST Friday, Dec. 23, until approximately 6 a.m. EST on Monday, Jan. 9. The IRS PTIN system will be available for renewals during that time. The IRS

Final Regs on EITC Due Diligence Issued

The IRS issued final regulations (T.D. 9570) Monday governing the due-diligence requirements imposed on tax return preparers who prepare tax returns on which taxpayers claim the earned income tax credit (EITC). Former rules required preparers to complete Form 8867, Paid Preparer’s Earned Income Credit Checklist, or to otherwise record the

Foreign Financial Asset Reporting Form Finalized

The IRS on Saturday released the final version of Form 8938, Statement of Specified Foreign Financial Assets, and released its instructions on Monday. Affected taxpayers must use the form to report certain financial assets to the IRS. Last week, the IRS released temporary and proposed regulations on the new reporting

Some Form 990 Filers Have Extension to March 30

In Notice 2012-4, the IRS extended the filing deadline for Form 990 until March 30, 2012, for many tax-exempt organizations with a filing due date during the first two months of the new year. Organizations affected by the extension normally would have a filing deadline of Jan. 17 or Feb.

Regulations Issued on Continuity of Interest Rule for Corporate Reorganizations

The IRS issued final and proposed regulations (T.D. 9565 and REG-124627-11) on the continuity of interest (COI) requirement in Sec. 368 corporate reorganizations. To qualify for nonrecognition treatment in a corporate reorganization, one of the requirements that must be met is COI, specifically how that requirement is met in the

Regulations Issued for Specified Foreign Financial Assets Reporting

The IRS issued temporary and proposed regulations (T.D. 9567; REG-130302-10) on the requirement that certain foreign financial assets be reported to the IRS for tax years beginning after March 18, 2010. Sec. 6038D requires individuals to report interests in “specified foreign financial assets” (SFFAs) when filing their federal income tax

Tax Issues and the 2010 S Corporation Shareholder Decedent

Editor’s note: This article originally appeared on thetaxadviser.com.   A tax practitioner working with the estate of an S corporation shareholder who died in 2010 must contend with numerous issues. This article points out some of the issues and discusses some of the choices that a practitioner can consider. The

IRS Clarifies Recurring-Item Exception

The IRS issued a revenue ruling on Tuesday to clarify the application of the all-events test’s recurring-item exception under Sec. 461(h)(3) to certain fact patterns (Rev. Rul. 2012-1). The ruling addresses four questions: Is the amount of a taxpayer’s liability material for purposes of the recurring-item exception if the liability

Transit Pass and Vanpool Benefits to Shrink in 2012

Millions of people across the United States will experience a significant increase in the cost of their daily commute to work, and many employers will suffer a corresponding increase in payroll taxes for 2012 and beyond, unless Congress acts. The monthly tax exclusion for employer provided transit pass and vanpool

Standard Mileage Rates for 2012 Released

The IRS on Friday released standard mileage rates for use in 2012 (Notice 2012-1). Taxpayers can use the optional standard mileage rates to calculate the deductible costs of operating an automobile. For business use of an automobile remains at 55½ cents per mile. For medical or moving expenses, it is

IRS Holds First Hearing on Real-Time Tax System

The IRS held a public hearing on Thursday to gather feedback on how to implement a system in which the IRS would match information on tax returns with data from third-party information returns during the processing of the return. Under the proposed “real-time tax system,” if the IRS found discrepancies

Final Regs Issued on Low-Income Community Businesses and New Markets Tax Credit

On Friday, the IRS issued final regulations on how entities serving certain targeted populations can qualify as active low-income community businesses for purposes of the Sec. 45D new markets tax credit (T.D. 9560). The new markets tax credit encourages capital investment in economically depressed areas by private investors in exchange

Schedule M-3 Requires New Disclosures

Schedule M-3, Net Income (Loss) Reconciliation, is required for returns of corporate and partnership entities that report assets of $10 million or more on their Schedule L balance sheet, to reconcile taxable income or loss with financial statement income or loss. The IRS introduced Schedule M-3 effective for tax years

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HIGH COURT TO HEAR BASIS ISSUE SPLITTING CIRCUITS The U.S. Supreme Court granted certiorari Sept. 27 in U.S. v. Home Concrete & Supply LLC, one of several cases in which the IRS has claimed that a six-year extended statute of limitation applies when an understatement of gross income arises from

Tenth Circuit Remands Employee-Spouse Case to Tax Court

The Tenth Circuit Court of Appeals vacated the Tax Court’s decision that denied a farmer’s business deduction for reimbursements made to his wife under an employee medical expense and health insurance reimbursement plan. The appellate court held that the Tax Court should have applied the common-law agency doctrine to determine

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