Fluent in English, Spanish & Italian | 888-882-9243

call us toll free: 888-8TAXAID

Yearly Archives: 2022

Deadline To File 2019 & 2020 Tax Returns & Get 5472 Penalty Relief is Extended To 2/15/23 In Disaster Areas (Florida)

In IR-2022-185, issued on October 19, 2022, the IRS reminds taxpayers affected by Hurricane Ian in areas covered by certain Federal Emergency Management Agency (FEMA) disaster declarations they may have more time to file their returns to qualify for the penalty relief under Notice 2022-36 for their 2019 and 2020 tax returns.

On October 4, 2022 we posted IAN Tax Relief May Have Extended Penalty Relief To Fla LLCs Until February 15 to File Their Late 2019 & 2020 Form 5472, where we discussed that FL–2022–19 which provides victims of hurricane IAN until February 15, 2023 to file returns for deadlines falling on or after September 23, 2022 and before February 15, 2023, may also extend the time for single member LLC to file their Form 1120, with the associated Form 5472, pursuant to Notice 2022 – 36 provides penalty relief for 2019 & 2020 where tax returns that were filed on or before September 30, 2022.  

This notice confirms that taxpayers affected by Hurricane Ian in areas covered by certain Federal Emergency Management Agency (FEMA) disaster declarations they may have more time to file their returns to qualify for the penalty relief under Notice 2022-36 for their 2019 and 2020 tax returns.

Have an IRS Tax Problem?

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

for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243)

 

TIGTA Wants the IRS to do More to Promote Repatriation Tax Compliance

The Treasury Inspector General for Tax Administration (TIGTA) has reported that the amount of revenue generated pursuant to Code Sec. 965 repatriation tax provision "has lagged behind initial estimates" by some $88 billion.

This audit was initiated to evaluate the IRS’s efforts to ensure compliance of those taxpayers subject to the Internal Revenue Code Section 965 because it was expected to be a main revenue generating provision of the Tax Cuts and Jobs Act.

According to the IRS, multiple issues, including complex payment deferral procedures, have limited the agency’s ability to compile accurate Section 965 data. Those limitations aside, the following figure shows that the amount of Section 965 tax reported has lagged behind initial estimates.

Projected Revenue From Section 965                                $338.8 billion
Amount of Section 965 Liability Reported                       $251 billion
Amount of Section 965 Tax Paid                                          $  94 billion
Amount of Section 965 Tax Currently Deferred to
Be Paid in Installments                                                           $157 billion

The Large Business and International Division, which is responsible for ensuring that taxpayers comply with the Section 965 tax, initiated three compliance campaigns to address individual and business taxpayer compliance.

The Two Ongoing Campaigns Have Resulted In
Taxpayers Filing Amended Returns Reporting The Tax
And Significant Changes To The Section 965 Tax Calculation.

However, TIGTA is concerned that the campaign focused on the compliance of individuals does not plan any follow-up actions with the taxpayers who did not respond to the soft letters.

The Section 965 repatriation tax can be paid in eight installments. Some installment payments were applied to incorrect tax periods, which could result in the taxpayer being identified as not compliant. Numerous payments were miscoded as Section 965 payments,
impacting the IRS’s ability to determine Section 965 revenue. Also, the IRS does not have the ability to systemically identify taxpayers not compliant with the required installment payments or S Corporation shareholders who failed to annually report their deferred liability on the Form 965-A, Individual Report of Net 965 Tax Liability.

TIGTA recommended that the IRS:

  1. Prioritize and follow up with compliance actions on nonresponsive taxpayers issued soft letters;
  2. Revise notices to add more information on how the Section 965
    installment payments should be made;
  3. Ensure that system changes identify Section 965 payments that were potentially processed incorrectly;
  4. Develop procedures to systemically identify taxpayers that are not compliant with the Section 965(h) deferral requirements; and
  5. Develop procedures to identify S Corporation shareholders who made an election under Section 965(i) and who did not annually submit the Form 965-A or did not report the correct amount of the Section 965 deferral on the Form 965-A.

Have an IRC §965 Transition Tax Problem/Audit?

The Attorneys at Marini & Associates, PA are
Highly 
Specialized International Tax Attorneys,

With > 100  Years of Combined Experience in
Successfully Representing Taxpayers Before the IRS!

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

for a FREE Tax HELP Contact Us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888-8TaxAid (888) 882-9243

Ex-Tennis Pro Finds No LOVE in Dist. Ct. & Ordered to Pay $362K of Unpaid Taxes

According to Law360, a Florida federal judge ordered a former tennis pro accused of failing to file tax returns to pay $362,000 in liabilities Friday after he didn't show up in court or otherwise respond to the U.S. government's suit against him.

In issuing the default final judgment, U.S. Judge Kenneth A. Marra also ordered foreclosure on federal liens against a home that former tennis pro Gary McDevitt bought in Jupiter for $459,000 more than a decade ago, according to court filings.

McDevitt, who runs tennis coaching and swimming pool businesses, failed to file returns for 2008 to 2011 despite earning enough money to require it, the government said. For 2008, McDevitt owed $104,000 in unpaid tax alone, though by 2011 that number had dropped to less than $10,000.

McDevitt was served personally with a summons at his Jupiter address in April, just weeks after the government brought its suit against him. He failed to file a response as required by law, and again failed to respond when the government amended its complaint in July.

Before Judge Marra issued the final judgment, the government presented sworn evidence that McDevitt was not a member of the armed services who would be allowed special privileges in such a situation, and that the government had no evidence that he was incompetent and unable to respond to the lawsuit.

Judge Marra ordered that the proceeds from the home foreclosure go first to Charles Schwab Bank, which holds a $100,000 interest for a home-equity loan it gave McDevitt, with the rest going to the government to pay down the tax bill.

Have an IRS Tax Problem?

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


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243)

 

 

OECD Targets Cross-Border Information on Crypto Assets

The OECD is seeking to prevent crypto assets from being used in tax evasion and other financial crimes, the Organization for Economic Cooperation and Development has presented a new system of information exchanges between national governments, bolstering the OECD's existing common reporting standard.

The Crypto-Asset Reporting Framework was delivered to finance ministers and central bank governors from Group of 20 countries at the officials' meeting in Washington, D.C., according to an October 10 statement from the Paris-based OECD. The 100-page framework, known as CARF, was issued alongside the latest annual tax report from the OECD secretary-general.

Responding to a G-20 request, the OECD developed the framework for reporting and subsequent automatic exchanges of information among taxing jurisdictions regarding crypto assets.

In Addition, The Statement Said The OECD Is Updating
Its Common Reporting Standard (CRS), A Model For Global Information Exchanges, To Cover Digital Financial Products.

The OECD stated that its new transparency initiative arrives at a time of "rapid adoption" of crypto assets tied to a variety of investment and financial uses. It added that unlike traditional financial products, crypto assets can be transferred and held without intervention from banks and other intermediaries, and absent a central authority monitoring such transactions.

"The crypto market has also given rise to new intermediaries and service providers, such as crypto asset exchanges and wallet providers, many of which currently remain unregulated," the statement added. As a result, crypto assets haven't been covered by the CRS, "increasing the likelihood of their use for tax evasion while undermining the progress made in tax transparency" through the adoption of the standard.

"The Common Reporting Standard has been very successful in the fight against international tax evasion," OECD Secretary-General Mathias Cormann said in the statement.

In 2021, He Said, More Than 100 Jurisdictions Exchanged Information On 111 Million Financial Accounts, Covering Total Assets Of €11 Trillion.

"Today's presentation of the new crypto asset reporting framework and amendments to the Common Reporting Standard will ensure that the tax transparency architecture remains up to date and effective," Cormann added.

The framework will add transparency to transactions involving crypto assets by enabling sharing of relevant information, on an annual basis similar to that of the CRS, with the tax administrations of jurisdictions where an individual or entity resides. The framework will target any digital representation of value that relies on blockchain or similar technology to cryptographically secure a distributed ledger for validating transactions.

Over 100 countries and territories with taxing power participate in the CRS, which the OECD implemented in conjunction with the 2010 enactment of the U.S. Foreign Account Taxpayer Compliance Act. Under FATCA, countries are required to exchange bank account information with U.S., which isn't a CRS party.

In May, a Treasury Department official described similarities and differences between digital asset reporting systems then being proposed by the U.S. and the OECD.

US Taxpayers should check whether it is still possible to correct the tax return or file a Voluntary Disclosure in order to avoid any criminal proceedings and penalties, as well as administrative costs.

Have a Virtual Currency Tax Problem?

Value Your Freedom?

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

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

Live Help