In a 2–1 decision, the U.S. Court of Appeals for the Fourth Circuit upheld the decision of the U.S. District Court for the Middle District of North Carolina that a shareholder/officer of a corporation was personally liable for the corporation’s unpaid withholding and payroll taxes. The majority of the appellate
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Tax
Changes in Tax Practice Standards Affect CPAs
Expansions in the regulatory environment in recent years are forcing CPA tax practitioners to consider many new compliance issues. Those issues include expanded statutory penalty provisions, revisions to regulations, and modifications to binding AICPA ethics rules related to tax engagements. CPAs subject to this wide array of rules and regulations
IRS Increases Disclosure Requirements
The IRS has drastically increased its examination tools over the past decade and increased disclosure burdens on taxpayers and preparers. Examples abound, but perhaps the most notable changes over the past decade concern reportable transactions, the introduction of Schedule M-3, and most recently the potential disclosure of uncertain tax positions
Sex-Change Surgery Deductible Medical Expense
In a case of first impression, the Tax Court ruled that the costs of hormone therapy and sex reassignment surgery for an individual diagnosed with gender identity disorder (GID) qualified as deductible medical expenses. However, the court also said the cost of breast augmentation surgery was cosmetic surgery and not
Registration of CPAs, Other Paid Tax Preparers to Start in 2011
The IRS recently provided additional details and a timetable for its proposed requirements for registration of all paid, signing tax return preparers including CPAs. The target date for starting implementation of the registration requirement is September 2010. Preparers who don’t already have one will need to obtain a Preparer Tax
CPAs Provide Expertise for Transfer Pricing Analyses
Transfer pricing, the process by which multinational companies set arm’s-length prices for cross-border transactions within a corporate group, is complex and consistently ranks as the No. 1 international tax issue facing multinational companies, according to Ernst & Young’s 2009 Global transfer pricing survey. To avoid penalties and potential interest, most
AICPA Positions on Recent IRS Proposals
Editor’s note: The AICPA Tax Division prepared this summary. IRS COMMISSIONER SHULMAN’S ANNOUNCEMENT ON UNCERTAIN TAX POSITIONS On Jan. 26, IRS Commissioner Doug Shulman released a new proposal (see tinyurl.com/ydy4v7e) that would require companies to disclose “uncertain” tax positions in their annual income tax return filings (based on FIN 48
Deducting LLC Losses
The Tax Court held that a managing member of a California LLC and S corporation was not prevented by the passive activity loss limitation rules of IRC § 469 from deducting his share of the entities’ net losses. The holding thus extended the reach of the court’s similar holding last
IRS Provides Guidance on Health Coverage for Adult Dependents, Addresses Discrepancies in Law
The IRS issued guidance Tuesday on the tax treatment of health coverage for children who have not yet turned 27 (Notice 2010-38). The health care reform legislation enacted in March extended the general exclusion from gross income for reimbursements for medical care under an employer-provided accident or health plan (under
AICPA Submits Comment Letter on IRS PTIN Proposal
The AICPA submitted comments to the IRS Monday on its proposed regulations (REG-134235-08) that would require tax return preparers, including nonsigning preparers, to apply for or renew a preparer tax identification number (PTIN) and exclusively use that PTIN when signing tax returns. (See prior JofA coverage on these proposed regulations,
IRS Announces Release of Draft Schedule to Report Uncertain Tax Positions
The IRS on Monday announced that it was releasing draft Schedule UTP and draft instructions as part of its initiative to require certain business taxpayers to report uncertain tax positions on their returns (Announcement 2010-30). (See previous JofA coverage of this proposal. The AICPA Tax Division has prepared a briefing
IRS Grants Military Spouses Six-Month Extension to Pay 2009 Tax
On April 15, the IRS issued Notice 2010-30, which gives certain civilian spouses of service members on active duty an extension of time through Oct. 15, 2010, to pay their 2009 federal income taxes. However, civilian spouses were not granted an automatic extension of time to file a return. The
Circular 230 Best Practices
Circular 230, section 10.33, on best practices deals with providing advice and preparing a submission to the IRS. This section affects several aspects of tax practice, including clear client communications, the importance of the conclusions reached, acting fairly and with integrity, and having procedures to ensure best practices. Section 10.33
Choice of Entity: Benefits of a Partnership
When starting a new business, one of the first questions an entrepreneur asks is, “What type of entity should I use?” This question is not one that should be taken lightly, nor is there a one-size-fits-all answer. There should be a great deal of discussion with the client and his
Using a Qualified Plan Account to Fund a Roth IRA Conversion
Roth IRAs have become popular retirement savings options since their introduction in 1998. However, high-income individuals have not been able to take advantage of the Roth IRA opportunity. Recent tax law changes expand the Roth IRA to all taxpayers who have or could have traditional IRA accounts. Background Before 2010,
Final Regs Govern Deductibility of State Legislators’ Deemed Living Expenses
The IRS and Treasury released final regulations Thursday on the availability of a special deduction for deemed living expenses of state legislators (TD 9481). The final regulations adopt, with amendments, proposed regulations that were issued in 2008 (REG-119518-07). Under IRC § 162(h), a state legislator who lives more than 50
IRS Releases HIRE Act Employee Affidavit Form; Posts FAQs
The IRS released new Form W-11 on Wednesday for certifying that employees are qualified employees for purposes of tax benefits under the Hiring Incentives to Restore Employment (HIRE) Act (PL 111-147). The HIRE Act, enacted on March 18, created a payroll tax credit for employers who hire workers who have
Tax Filing Season Resources—Tax Year 2009
This is the one-stop shop for all the updates you need to know for this year’s tax filing season. Find resources from the JofA and The Tax Adviser, plus tax return checklists and tax savings tips from the AICPA, categorized by tax topic. INDIVIDUAL TAX IRS Reports Average Refund Size Is
“Bundled” Fiduciary Fees Fully Deductible for 2009
The IRS in Notice 2010-32 extended to tax years beginning in 2009 its interim guidance on deductibility of a “bundled” investment advisory commission or fee paid to a trustee or executor on behalf of a nongrantor trust or estate. The interim guidance was issued in February 2008 in Notice 2008-32
IRS Publishes FAQs on Health Care Small Business Credit
On Thursday, the IRS published to its Web site 22 questions and answers about the new health care small business credit. The FAQs cover: Eligibility for the credit; Calculation of the credit; Determining full-time employees and wages for purposes of the credit; How to claim the credit; and Transition
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