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Monthly Archives: March 2017

Breaking News – Possibly No Tax Reform This Year!

On November 9, 2016 we posted President-Elect Donald Trump Is Less Than Ideal for Tax Advisers? where we discussed that Donald Trump has proposed tax reforms that would:

  • significantly reduce marginal tax rates for both individuals and businesses,
  • increase standard deduction amounts to nearly four times current levels,
  • limit or repeal some tax expenditures,
  • repeal the individual and corporate alternative minimum taxes and the estate and gift taxes, and
  • tax the profits of foreign subsidiaries of US companies in the year they are earned.

 

So Where Does That Leave Tax Advisers?
 
____________________________________________
 
 

Fast-forward 4 Months and now according to Taxnotes 

Tax Reform Is 'Impossible' This Year." 
 
Warren Payne, a former House Ways and Means Committee policy director now with Mayer Brown LLP, believes that passing tax reform by August will be ‘‘impossible’’ this year. Rather, he suggested during a conference call March 16 that it is more likely to be addressed in early 2018. Payne pointed  to the border adjustment provisions in the House Republican tax reform blueprint, noting that they are both contentious as well as integral to the entire package. He speculated that the Trump administration will wait several weeks before offering a policy position on the border adjustable tax.
Payne contrasted the House Republican proposal for international tax reform with the Trump administration’s plan during the campaign, which proposed keeping a worldwide system in place and
ending deferral, suggesting that it remains unclear whether President Trump would support a move to a territorial-style system.
 
‘‘If the administration decides to forgo the border adjustment policy, it must either find alternative ways to broaden the tax base, settle for a higher corporate rate, or proceed with tax reform that is a  net tax cut,’’ Payne said. He explained that a border-adjustable tax could be a huge revenue boost, estimated to raise almost $1 trillion over 10 years that could be used to reduce rates and offer immediate expensing, and it would serve as a strong anti-tax base erosion measure. He added that the tax could account for about an 8-point reduction in the corporate income tax rate.
‘‘It takes months, not weeks,’’ to draft, debate, and pass tax reform legislation, Payne said.

 
House Republicans are struggling to round up the votes needed to move the AHCA, but John Buckley, a former chief tax counsel for House Ways and Means Democrats, said passing tax reform legislation will likely be even tougher.   ‘‘The political choices are going to be more difficult. There would be Organized Business Opposition on tax reform that you don’t see on healthcare reform.’’
 

Have a Tax Problem?

 

Contact the Tax Lawyers at
Marini & Associates, P.A.
 
 for a FREE Tax Consultation Contact US at 
or Toll Free at 888-8TaxAid (888 882-9243).
 

 


 

 

Read more at: Tax Times blog

IRS Issues John Doe Summons To Director of “Sovereign” a Panamanian Law Firm

The US Internal Revenue Service (IRS) has obtained a 'John Doe summons' against the director of a Panamanian company claimed by the IRS to have helped American taxpayers to set up anonymous offshore accounts.

The summons demands all records of Sovereign Management & Legal's clients (SML). The phrase 'John Doe' indicates that the US authorities do not know the clients' identities, but the summons applies to them irrespectively of that fact.

According to the US Department of Justice (DoJ), the company issued clients with prepaid debit cards called 'Sovereign Gold Cards' that enabled them to access the funds in the offshore accounts 'in such a manner as to evade their obligations under internal revenue laws'.

The accounts were opened by SML in the names of corporations that were owned by other entities such as fake charitable foundations, and held in the name of nominee officers provided by SML.

US District Court Judge Brian Morris found that there is a reasonable basis for believing that US taxpayers may be using Sovereign Gold Cards to violate federal tax laws.

 

“The Department of Justice and the IRS Are Committed to Stopping the Use of Foreign Bank Accounts to Evade
US Tax Laws,”

said Acting Assistant Attorney General David A. Hubbert, head of the Justice Department’s Tax Division.
“The Time to Come Forward and Come into Compliance Is Running Short, and Those Who Continue to Violate US Tax and Reporting Laws Will Pay a Heavy Price!”

Thus far, the U.S. District Court has granted the IRS the authority to serve eight different “John Doe” summons on several foreign financial institutions. These institutions are tied to a Panamanian entity that had been issuing debit cards to individuals who the IRS believes may have been using the accounts to evade their U.S. tax obligations. As a result of the summons, the IRS used data-mining methods to obtain additional information on such accounts. 
 
These John Doe Summons may constitutes a public disclosure event that may prevent a taxpayer from entering an amnesty program such as the Offshore Voluntary Disclosure Program (OVDP) and the taxpayer will be subject to a 50% miscellaneous offshore penalty (instead of 27.5%).

Taxpayers that have issues related to these transactions should immediately seek the guidance of a tax advisor with significant experience in US international tax issues and voluntary disclosure practices. 
The utilization of the OVDP or the Streamlined Filing Compliance Procedures is the first line of defense against substantial civil penalties and criminal prosecution.

 
 Do You Have An Un-Reported Foreign Account? 
 

Want to Know if the OVDP Program is Right for You?


 
Contact the Tax Lawyers at 
Marini& Associates, P.A.  
 
 
for a FREE Tax Consultation
or Toll Free at 888-8TaxAid (888) 882-9243


 

Sources

 

Read more at: Tax Times blog

IRS Adopts New Offer in Compromise Policy

On February 28, 2017, we posted How To Get The IRS To Accept Your Offer In Compromise? where we discussed:

  1. Do you owe a substantial amount of taxes to the IRS?
    If so, you've likely looked into establishing a payment plan.
  2. What if you are simply unable to pay your tax balance? 
    In this case, you might consider requesting an offer in compromise, which is a last-resort option that allows you to settle your account for literally pennies on the dollar.
  3. A Definition of Reasonable Collection Potential
    A reasonable collection potential refers to the maximum amount that the IRS believes it can collect from you over time. Generally, the agency uses a simple formula to calculate this amount, which you can easily figure on your own.
  4. How to Calculate Your Reasonable Collection Potential
    Reasonable collection potential includes two factors: the liquidation value of your assets and your extra monthly income over the next four or five years. 
  5. Downside to Submitting an OIC
Completing the forms is just the beginning. The IRS will ask you for rafts of financial documentation: pay stubs, bank records, vehicle registrations, and myriad other items. This is an exhaustive, time-consuming process. Some taxpayers wind up submitting boxloads of documents to the IRS to support their OIC request.
 
Now the IRS has just updated its policy covering Offer in Compromise‎ applications: Applications will now be returned without consideration in instances where the taxpayer has not filed all required tax returns.
In such cases, the application fee will be returned and any required initial payment submitted with the Offer will be applied to outstanding tax debt. This update is reflected on the Offer in Compromise page on IRS.gov and the newly updated Offer in Compromise Booklet (Form 656-B) available March 27.

Have Tax Problems?
 
 Want to Know if you Qualify for an Offer?
 
 
Contact the Tax Lawyers at
Marini & Associates, P.A.
 
 for a FREE Tax Consultation Contact US at 
or Toll Free at 888-8TaxAid (888 882-9243).
 

 


Read more at: Tax Times blog

Trump's Budget Is Trouble For the IRS

On December 14, 2016 we posted Trump's Anti-Union Drumbeat Could Be Trouble for the IRS  where we discussed that IRS employees could be in for a rocky ride if President-elect Donald Trump and Congress move forward with sweeping pledges to rein in federal employee benefits and cripple unions.

Now President Trump's America First, A Budget Blueprint to Make America Great Again cuts $239 million in IRS funding.
 
President Trump has released his 53-page “America First, A Budget Blueprint to Make America Great Again” a wish list of spending requests for Congress and some basic economic projections in which he lays out his plans for boosting military spending, and cutting foreign aid and an array of domestic programs. Among those cuts is a funding reduction of $239 million for IRS.

 

The President's 2018 Budget requests $12.1 billion in discretionary resources for the Department of the Treasury's domestic programs, a $519 million (or 4.1%) decrease from the 2017 annualized Continuing Resolution (CR) level. This program level excludes mandatory spending changes involving the Treasury Forfeiture Fund.

It promises to shrink the Federal workforce and increase its efficiency by redirecting resources away from duplicative policy offices to staff that manage the country's finances. Further, the Budget states that it will empower the Treasury Secretary, as Chairperson of the Financial Stability Oversight Council, to end taxpayer bailouts and foster economic growth by advancing financial regulatory reforms that promote market discipline and ensure the accountability of financial regulators.

IRS funding. The President's 2018 Treasury budget includes a $239 million funding reduction from the 2017 annualized CR level for IRS. It asserts that diverting resources from antiquated operations that are still reliant on paper-based review in the era of electronic tax filing would achieve significant savings.

The 2018 Budget “preserves key operations of the Internal Revenue Service (IRS) to ensure that the IRS could continue to combat identity theft, prevent fraud, and reduce the deficit through the effective enforcement and administration of tax laws.”

NO SURPRISE HERE! 

 
 Have a Tax Problem? 
 
 
 
Contact the Tax Lawyers at
Marini & Associates, P.A.
 
for a FREE Tax Consultation
or Toll Free at 888-8TaxAid (888 882-9243).

Read more at: Tax Times blog

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