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5 New LB&I Audit Campaigns Include FATCA Compliance

 
 
According to Law360  on October 30, 2018 the Internal Revenue Service released five additional compliance campaigns, which are areas the agency will focus on during audits of the largest corporations, including one that addresses requirements under the Foreign Account Tax Compliance Act.
The IRS’ Large Business and International Division said it has identified five additional compliance campaigns since announcing an overhaul to its audit procedures in 2015. Now with a total of 50 campaigns, the agency’s audit revamp involves moving toward issue-based examinations instead of the old approach of placing large multinational businesses under continuous audit by a rolling team of examiners.

“The campaigns are the culmination of an extensive effort to redefine large business compliance work and build a supportive infrastructure inside LB&I,” the IRS said in a statement. “Campaign development requires strategic planning and deployment of resources, training and tools, metrics and feedback.”

One Of The Five New Campaigns Announced ... Addresses “Those Entities That Have FATCA Reporting Obligations But Do Not Meet All Their Compliance Responsibilities.”
Under FATCA, which took full effect in 2014 after Congress passed it in 2010, Americans must report if they hold more than $50,000 in foreign assets. In addition, foreign financial institutions must disclose information on U.S. taxpayer accounts to the IRS through intergovernmental agreements.

The FATCA campaign comes after the Treasury Inspector General for Tax Administration, the agency watchdog, published a report in July that found although the IRS had spent nearly $380 million to carry out FATCA, the agency “is still not prepared to enforce compliance” with it.

Another campaign announced Tuesday involves focusing on individuals who have claimed foreign tax credits without meeting the requirements to do so.

 Another campaign targets the use of offshore service providers, which facilitate the creation of foreign entities and tiered structures “to conceal the beneficial ownership of foreign financial accounts and assets, generally, for the purpose of tax avoidance or evasion,” according to the IRS.

The other two campaigns announced Tuesday involve “delinquent-filed” 1120-F forms — the U.S. income tax return of a foreign corporation — and an effort to address the consequences of certification delays and “the burden of amended return filings” regarding the work opportunity tax credit.

When the agency first announced a reorganization to the LB&I division, it said the process involved winding down the coordinated industry case program of continuous audits and targeting areas for examination on the basis of compliance risks instead. Since then, there were scant details on how exactly large business audits, where businesses are suspected of evading taxes on significant sums of money, will change under the new regime.

Then, in January 2017, the IRS released the long-awaited list of campaigns, which included focuses on enterprise activities, cross-border activities and pass-through entities. There were 13 campaigns included in the first batch.

 
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Read more at: Tax Times blog

IRS Issues Prop Regs Reducing Income for US Corps That Own Stock in Foreign Corps


The Internal Revenue Service today issued proposed regulations reducing the amount determined under Internal Revenue Code section 956 for certain domestic corporations that own (or are treated as owning) stock in controlled foreign corporations (CFCs). 

The Tax Cuts and Jobs Act (TCJA), passed in December 2017, made major changes to the tax law, including enacting a participation exemption system for the taxation of certain foreign income. The new proposed regulations are intended to ensure that the application of section 956 is consistent with the new participation exemption system.

Treasury and IRS welcome public comments on these proposed regulations. For details on submitting comments, see the proposed regulations.

Updates on the implementation of the TCJA can be found on the Tax Reform page of IRS.gov.

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Read more at: Tax Times blog

2017 TCJA Improved US Tax Competitiveness

 The US has moved up the rankings of the Tax Foundation’s 2018 International Tax Competitiveness Index (ITCI), following significant reform implemented by the Tax Cuts and Jobs Act 2017 (TCJA), implemented at the beginning of the year.

  
Last year’s ITCI saw the US ranked 28th, Whereas this Year’s Report Places it 24th on the List.

The ITCI measures the relative competitiveness and neutrality of each tax regime in the OECD, and concludes that countries with the lowest marginal tax rates and fewest ‘distortionary’ taxes tend to be those with the most competitive tax systems.

The United States adopted a comprehensive tax reform package that included a reduction of the corporate income tax rate from 35 percent to 21 percent, improvements to expensing of capital investments, and rate changes for the personal income tax. As a result, the U.S. improved its ranking from 28th to 24th.
 

In the individual rankings, the US was placed 26th for individual taxes and 28th for property taxes, while it came 20th in the corporate tax ranking.

The Tax Foundation described the TCJA as “the most significant tax code overhaul in over three decades,” and said on the release of this year’s ITCI: “Due to reforms made by the Tax Cuts and Jobs Act to lower the corporate income tax rate, improve expensing of capital investments, and adjust personal income tax rates, the US improved four spots.”

Nonetheless, the Foundation pointed to areas which would improve the US’ performance in the ITCI, calling both its income tax and property tax burden “weaknesses”, and describing the international tax system as “onerous.”

Estonia has topped the Index for the fifth successive year, while France came at the bottom of the 2018 ranking.

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Marshall Arts Owner Gets Karate Chopped With Tax Fraud Conviction

According to DoJ Arvada, Colorado, woman pleaded guilty on October 29, 2018 to one count of willfully making and subscribing to a fraudulent corporate income tax return.

According to court documents, Marlene Seo owned and operated a corporation called National Martial Arts Academy Inc., a martial arts instruction business. 
 
From 2011 through 2013, income from Seo’s martial arts school was deposited into bank accounts that she did not disclose to the corporation’s bookkeeper and accountants, which resulted in her underreporting the business’s gross receipts on corporate tax returns for tax years 2011, 2012, and 2013 by approximately $650,000. 
  • Seo plead guilty to signing and filing a false 2012 U.S. Corporation Income Tax Return, Form 1120, filed on behalf of National Martial Arts Academy.
  • Sentencing is scheduled for February 1, 2019. 
  • Seo faces a maximum sentence of 3 years in prison
  • She also faces a term of supervised release, restitution, and monetary penalties.
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Read more at: Tax Times blog

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