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Monthly Archives: February 2013

How to Report Your Tribal Trust Settlement to the IRS?

The IRS announces the publication of Notice 2013-1, which updates and supersedes Notice 2012-60. Notice 2013-1 provides guidance concerning the federal income tax treatment of per capita payments that a member of an Indian tribe receives from the proceeds of certain settlements of tribal trust accounting and mismanagement cases between the United States and that Indian tribe.  

The notice also updates the list of tribes that have settled litigation against the United States that alleges the Interior and the Treasury departments mismanaged monetary assets and natural resources held in trust for the benefit of the tribes.

Notice 2013-1 supersedes Notice 2012-60, published in September, adding 6 additional Indian Tribes to the list of tribes in the appendix that have settled litigation against the United States.

Need Tax Help the Tax Treatment of Tribal Trust Settlement Proceeds?
 
Contact the Tax Lawyers at Marini & Associates, P.A.

for a FREE Tax Consultation at www.TaxAid.us or www.TaxLaw.ms

or Toll Free at 888-8TaxAid (888 882-9243).


 

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Swiss Sign FATCA Deal With US to Crack Down on US Tax Dodgers.

Switzerland and the United States have signed a controversial deal aimed at cracking down on wealthy American tax dodgers.

The accord further undermines Switzerland’s tradition of banking secrecy. The Foreign Account Tax Compliance Act (Fatca) obliges foreign firms to report offshore accounts by US tax payers that amount to more than $50,000.

The signing on Thursday came the day after Finance Minister Eveline Widmer-Schlumpf told a news conference that Switzerland had decided to agree to a bilateral deal with the Internal Revenue Service (IRS) which allows for certain exceptions, notably for the Swiss insurance sector, pension funds and the Swiss National Bank.

Switzerland is only the second state after Japan to opt for this type of agreement; most other nations are reportedly willing to sign a standard agreement.

Swiss banks active in international financial markets have no choice but to apply the US rules, according to Widmer-Schlumpf.

The Swiss Bankers Association said it welcomed the signing of the agreement although the banks continue to view Fatca "critically" due to the costs it incurs and the administrative burden it creates.

Widmer-Schlumpf said negotiations with Washington on a global settlement for outstanding tax issues were still under way but she refused to elaborate.

The finance minister added the US authorities had given assurances that acceptance of the Fatca deal would be considered beneficial to speed up a global deal for Switzerland’s financial sector.

The government has been trying to strike a deal for about a dozen Swiss banks which risk court proceedings in the US over illegal tax practices.

“Today’s announcement marks a significant step forward in our efforts to work collaboratively to combat offshore tax evasion,” said Acting Secretary of the Treasury Neal S. Wolin. “We are pleased that Switzerland has signed a bilateral agreement with us, and we look forward to quickly concluding agreements based on this model with other jurisdictions.”

Widmer-Schlumpf said the Fatca deal could also put more pressure on Switzerland to accept the automatic exchange of bank data with the European Union.

Until now Switzerland has refused to cave in to demands from Brussels, saying bilateral agreements with individual EU member states on a withholding tax were more practical.

Accords with Britain and Austria came into force at the beginning of the year. A similar deal with Berlin was rejected by the German parliament. Negotiations with a number of other countries are pending.

 Undeclared Income from a Swiss Bank Account?
 
Contact the Tax Lawyers at Marini & Associates, P.A.
 
 
for a FREE Tax Consultation at www.TaxAid.us or www.TaxLaw.ms
or Toll Free at 888-8TaxAid (888 882-9243).

Source:

 

Read more at: Tax Times blog

IRS' Whistleblower Program is in High Gear!

It official that the IRS' Whistleblower Program is in High Gear!

The Internal Revenue Service issued its 2012 report to congress regarding the results of its' Whistleblower Program.

During FY 2012, the IRS received 332 whistleblower submissions relating to 671 taxpayers that, based on the face of the submissions, appear to meet the threshold of $2,000,000 in tax, penalties, interest, and additions to tax in section 7623(b). Many of the individuals submitting information to the IRS claimed to have inside knowledge of the reported transactions, often including extensive documentation in support of their claims.

The IRS does not yet know how many of these cases will result in collected proceeds after examination or investigation, as the amounts alleged reflect only the whistleblower’s estimate of the potential recovery.

Table of Activity By Year
Whistleblower -7623(b)
SUBMISSIONS
Taxpayers Identified
2007
50
875
2008
377
1369
2009
472
2178
2010
422
5545
2011
314
734
2012
332
671

Many of the individuals submitting information to the IRS claimed to have inside knowledge of the reported transactions, often including extensive documentation
in support of their claims.  

The IRS does not yet know how many of these cases will result in collected proceeds after examination or investigation, as the amounts alleged reflect only the whistleblower’s estimate of the potential recovery.  

Current Status of Open Whistleblower - 7623(b) Claims
(as of 12/10/2012)
Current Status
Submissions
Taxpayers
Whistleblowers
Claim #s
Not recorded
3
23
3
23
Appeals 16
40
102
38
87
CI Review
4
4
3
4
Operating Division
Field Examination
695
2846
542
2714
Operating Division Subject Matter Expert Review
116
327
83
318
Whistleblower Office - Award Evaluation 17
4
7
4
3
Whistleblower Office - Case Suspended 18
171
4913
123
4810
Whistleblower Office - Case Suspended Collection Action 19
4
17
4
17
Whistleblower Office - Case Suspended Refund Statute 20
3
6
3
5
Whistleblower Office - Case Suspended Related Claims Still In Process 21
44
605
32
550
Whistleblower Office - Case Suspended TEFRA Related 22
1
54
1
51
Whistleblower Office - Form 11369 Review 23
313
1069
252
987
Whistleblower Office - Initial Review
51
70
38
67
Total
1449
10043
1126
9636

Twelve of 128 claims paid in FY 2012 involved collections of more than $2,000,000.
 
====================== 

Want a Reward of Between 15- 30% of Underpaid IRS

Tax Liabilities for

Blowing the Whistle on a Tax Cheat?
 
======================

Contact the Tax Lawyers at Marini & Associates, P.A.
 

for a FREE Tax Consultation at: www.TaxAid.usor
www.TaxLaw.msor Toll Free at 888-8TaxAid (888 882-9243).

Read more at: Tax Times blog

IRS Issues Memorandum For Obtaining an ITIN When Requesting ASFR/SFR Reconsideration.

SBSE-05-0213-009 

February 7, 2013

Impacted: IRM 5.21.7 Procedures for Obtaining an ITIN when Requesting ASFR/SFR Reconsideration

Current procedures for requesting an ITIN for cases in which ASFR/SFR reconsideration is needed has caused delays and confusion in processing the Form 3870 adjustment.

 
Both the ITIN Operation and the ASFR/SFR unit need the original return to process the corresponding requests.   

     
  1. The ITIN unit requires the original tax return and supporting documentation be attached to the W-7, Application for ITIN. This request is sent to the ITIN operations at the Austin Campus for processing.
  2. However, the original tax return must also be attached to the Form 3870, Request for Adjustment in order to process the reconsideration request. Form 3870 is sent to the Brookhaven ASFR/SFR unit.

The following procedures should be used in all cases where a taxpayer is requesting an ASFR/SFR reconsideration and is submitting a Form W-7 for an ITIN:

 Date stamp the Form W-7 with the received date.

 Review the Form W-7 application and the original supporting documents to determine if the form and supporting documents meet foreign status and identity requirements (SeeInstructions to the W-7). If the taxpayer provides copies of the supporting documents, the documents must be a certified copy by the issuing agency. Note: The ITIN unit has final approval regarding the validity of the documents provided.


 Complete the IRS only box on the Form W-7 using the document number codes for the types of documents reviewed (See attachment 1). You must also include your employee SEID number. Attach the original documents or certified copies from the issuing agency to the Form W-7 application.

 Mail the Form W-7, supporting documents, the original return(s) and Form 3870 via
overnight mail to the ITIN Operations Unit:

Internal Revenue Service
ITIN Operation
Mail Stop 6090 - AUSC
3651 South Interregional Hwy 35
Austin, TX 78741-0000

 International ROs can use the ITIN – RTS to verify that an ITIN has been assigned to the TP. The ITIN unit will process the W-7 Application, and send the original return with the Form 3870 to the ASFR/SFR unit in Brookhaven Campus for processing. An ITIN will be assigned to the taxpayer within 30 days.

 The status of the adjustment(s) can be checked using IDRS.

 Need Help Obaining an ITIN for a ASFR/SFR?
 

Contact the Tax Lawyers at Marini & Associates, P.A. for a FREE Tax Consultation at: www.TaxAid.us or www.TaxLaw.ms or

Toll Free at 888-8TaxAid (888 882-9243).

Read more at: Tax Times blog

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