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Yearly Archives: 2017

IRS Provides Relief for Missing TINs for IGAs

Notice 2017-46 provides guidance for financial institutions required to collect taxpayer identification numbers (TINs) and dates of birth under temporary regulations under Chapter 3 or a Model 1 Intergovernmental Agreement (IGA) as follows:

            (1) With respect to foreign financial institutions (FFIs), this notice provides that FFIs in Model 1 IGA jurisdictions will not be in significant non-compliance with an applicable IGA during 2017, 2018, and 2019 solely as a result of a failure to report U.S. TINs for preexisting accounts, provided the FFI reports the account holder’s date of birth, makes annual requests for the TIN, and searches its electronic records for missing U.S. TINs before reporting information on 2017.

            (2) With respect to U.S. financial institutions, this notice delays the start date of the requirement to collect foreign TINs for account holders to January 1, 2018, provides a phase-in period for obtaining foreign TINs from account holders documented prior to January 1, 2018, and narrows the circumstances in which a foreign TIN is required. 

Taxpayers may rely on the provisions of this notice prior to the issuance of amendments to the temporary Chapter 3 regulations reflecting the notice.

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IRS Appeals Reverts Back to Face to Face Appeals Conferences

On September 20, 2016, we posted No More Face to Face Meetings at IRS Appeals Division? where we discussed that the IRS announced that effective Oct. 1, 2016, it will rarely conduct Appeals Conferences in person.


More specifically, Internal Revenue Manual (IRM) 8.6.1.4, blandly entitled “Conference Practices,” provides that ALL conferences will be held by telephone except under certain specific enumerated circumstances.

The mission of the IRS Appeals Division is to “resolve tax controversies, without litigation, on a basis which is fair and impartial to both the Government and the taxpayer and in a manner that will enhance voluntary compliance and public confidence in the integrity and efficiency of the Service.” We then stated: "Unfortunately, This New Policy Will Not Further That Mission, and Indeed Will Impede It."

Now the IRS agrees with us and even though the IRS is still cash-strapped, the decision to reduce the number of in-person meetings it grants taxpayers during appeals may defeat the agency's goal to save resources if it is forced into litigation as a result of less effective communication by mail, telephone or videoconferencing.

Web-Based Virtual Conferences

On July 24, 2017 The Internal Revenue Service Office of Appeals issued IR 2017-122 
where they stated that the IRS will pilot a new web-based virtual conference option for taxpayers and their representatives. This virtual face-to-face option will provide an additional option for taxpayer conferences. The IRS expects it to be especially useful for taxpayers located far from an IRS Appeals office.

While a phone call works well for most taxpayers, others prefer face-to-face interaction. Appeals’ pilot program will use a secure, web-based screen-sharing platform to connect with taxpayers face-to-face from anywhere they have internet access.

Appeals started the pilot on August 1, 2017 and will assess the results, including taxpayer satisfaction with the technology.  

Optional Requested Face to Face Conferences  Now according to BNA IRS Appeals will revert to accommodating taxpayers who want in-person conferences rather than phone conferences, an IRS official said.

  1. “Step one is going to be for field cases to turn the decision back over to taxpayers,” Andy Keyso, acting deputy chief at the Internal Revenue Service Office of Appeals, said at the American Bar Association tax section meeting in Austin, Texas. “Do you want an in-person conference? If so, you’ll get it.”
  2. Step two is to include campus cases. Currently, Appeals is unable to offer in-person conferences for smaller cases that are worked out of the IRS campuses, Keyso said.

Field cases include audits by a field revenue agent or office examiner, while campus cases include correspondence exam cases, according to Keyso.  The campus buildings however, don’t have conference facilities.

“For campus cases, we have some adjustments to make internally before we can do that...” Keyso said


Long term IRS Appeals has to realign its workforce, “which is difficult to do right now.”

The IRS will issue guidance to employees about the agency’s rollback of the in-person conference issue, Keyso said. The guidance will include information on what IRS employees need to be prepared for taxpayers in field cases who want in-person conferences as well as issues with campus cases.

Still, Appeals isn’t working well for small business and individual taxpayers, Nina E. Olson, IRS national taxpayer advocate, said during the panel.

About 75 percent to 80 percent of individual taxpayer appeals are conducted by correspondence, Olson said, and no employee is assigned to any correspondence examination. Individual taxpayers should be able to get the opportunity to speak with someone from the IRS, Olson said, to understand the agency’s side of a tax dispute.   

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Contact the Tax Lawyers atMarini & Associates, P.A.

for a FREE Tax Consultation Contact US atwww.TaxAid.com or www.OVDPLaw.com
or Toll Free at 888-8TaxAid (888 882-9243).

 

 

 

 

 

 

 

 

 

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Read more at: Tax Times blog

IRS Provides Leave-Based Donation Relief to Victims or Hurricane Irma

The Internal Revenue Service announced on September 14, 2017 special relief designed to support leave-based donation programs to aid victims of Hurricane and Tropical Storm Irma. This parallels relief granted to Hurricane and Tropical Storm Harvey victims.

Under these programs, employees may forgo their vacation, sick or personal leave in exchange for cash payments the employer makes, before Jan. 1, 2019, to charitable organizations providing relief for the victims of this disaster.

Under this special relief, the donated leave will not be included in the income or wages of the employees. Employers will be permitted to deduct the cash payments as business expenses.

This relief is similar to that provided following Hurricane Katrina in 2005, Hurricane Sandy in 2012, the Ebola outbreak in West Africa in 2014, and last year following Hurricane Matthew and severe flooding in Louisiana.

We here at Marini & Associates, PA, are grateful for the fact that our attorneys, staff, and their families are safely accounted for. As always, their well-being and that of our clients are our top priorities.

Our thoughts are with those still affected!

As the focus now turns to recovery, Marini & Associates, PA is prepared and ready to serve both the interests of our clients and the needs of our community. Our Office is Open & Fully Operational!
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

Marini & Associates, PA Survives Hurricane Irma!

Here in South Florida, Hurricane Irma has flooded parts of our region and left many without power.
However, at Marini & Associates, PA, we are grateful for the fact that our attorneys, staff, and their families are safely accounted for. As always, their well-being and that of our clients are our top priorities. Our thoughts are with those still affected!

As the focus now turns to recovery, Marini & Associates, PA is prepared and ready to serve both the interests of our clients and the needs of our community.
Our Office is Open & Fully Operational! 

Marini & Associates, PA continues to be a leader in providing Tax Advice and Tax Defense Representation to clients throughout the United States and around the world.
Based in Miami, Florida our focus is the practice of Tax Law, with an emphasis on Zealously Representing & Defending Taxpayers before the IRS and various Other Tax Authorities.
If you have been contacted by the IRS or Other Tax Authority, regarding you or your tax liability, contact Marini & Associates, PA immediately for HELP in representing and defending you from further Governmental Actions!

Our Team of Tax Attorneys:
  • Have > 100 years of combined experience,
  • Are highly effective,
  • Solution-oriented tax attorneys,
  • Who care about the clients we represent.
We have successfully represented numerous taxpayers before the IRS and we are included in Martindale–Hubbell's Bar Registry of "Preeminent Lawyers" and we are also listed in "Lawyers of Distinction".

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

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