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Mid-Year National Tax Advocate's Report is Wary of IRS' “Future State.”

In her 2016 mid-year report to Congress, National Taxpayer Advocate (NTA) Nina Olson has again expressed concern about IRS's “Future State” plans, which envisions how the agency will operate in five years and beyond. In addition, the NTA presented a review of the 2016 filing season and identified the priority issues that the Taxpayer Advocate Service (TAS) will address during the upcoming fiscal year. IR 2016-97
For the last two years, the IRS has been developing a “Future State” plan that envisions how the agency will operate in five years and beyond.  A central component of the plan is the development of online taxpayer accounts. 

In the National Taxpayer Advocate’s 2015 Annual Report to Congress, Olson praised aspects of the plan but expressed concern that:

  1. The IRS’s intent in developing online accounts is largely to save money in light of recent budget cuts by reducing telephone and face-to-face assistance and 
  2. Many taxpayers will not conduct business with the IRS through online accounts because they lack Internet access or skills, cannot complete the authentication process required to set up an account, do not trust the security of the IRS system, or would prefer to speak with an IRS employee.  As a result, she expressed concern that critical taxpayer needs may go unmet under the Future State plan.

To provide a vehicle for direct public comment, Olson announced plans to hold Public Forums around the country, some in conjunction with Members of Congress who serve on committees actively engaged in IRS oversight.

To date, Olson has held eight Public Forums and has several more planned. Among the panelists at the Public Forums in Washington, DC, were representatives of four Federal advisory committees to the IRS and four major national organizations of tax practitioners.  Olson writes:

  “I continue to be concerned that the IRS’s design for the Future State ignores or dismisses the significant body of data that shows large portions of the taxpaying public is either unable or unwilling to engage with government online services for anything
other than the most routine tasks, if those.” 

The report also points out that only about 30 percent of taxpayers seeking to register for the IRS’s “Get Transcript” application over the last month were able to do so because of enhanced authentication measures, which suggests many taxpayers may not even be able to establish online accounts in the current environment.

Today’s report contains extended excerpts from the transcripts of the Public Forums, organized around key concerns that Olson identified in her earlier report or that panelists consistently raised. 

Information on the Public Forums, including complete transcripts, is available at http://taxpayeradvocate.irs.gov/news/national-taxpayer-advocate-public-forums.

Olson announced that TAS will conduct a nationwide survey of a statistically representative sample of U.S. taxpayers about their needs, preferences, and experience with IRS taxpayer service and will hold focus groups on the IRS Future State at the IRS Tax Forums this summer.

Because the IRS Future State plan aims to establish how the IRS will interact with taxpayers in the coming years, TAS views it as its most important area of focus.  TAS’s overriding goal will be to work with the IRS to ensure the plan provides for high quality taxpayer service and the protection of taxpayer rights. 

Based on the results of the National Taxpayer Advocate Public Forums, the nationwide survey, and the Tax Forum focus groups, Olson plans to “set forth our vision of the IRS Future State in the 2016 National Taxpayer Advocate’s Annual Report to Congress.  This plan, I can say with confidence, will be based on taxpayers’ needs and preferences, as they and their representatives have expressed them to us.”

Olson also address the IRS' limited assistance with Tax-Law Questions.  Both on its phone lines and in its TACs, the IRS continued recent restrictions on answering tax-law questions.  During the filing season, the IRS answered only “basic” questions, deeming more complex questions “out of scope.” 

After the filing season, the IRS is not answering any tax-law questions at all, even though many taxpayers obtain legally authorized extensions of time to file.  Last year, nearly 15 million returns were submitted after the filing season.

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

US Offshore Tax Cheats Who Lied on Their Streamline Corrective Filings May Do Jail Time!

Bloomberg's article America’s Offshore Tax Cheats Are Feeling the Heat Once Again 
reports that U.S. taxpayers who entered into an IRS program that made it easier to disclose their hidden offshore bank accounts may have thought they put their legal troubles behind them.

 Instead, Prosecutors May Try To Put Some Of Them
In Jail For Not Telling All!
 

 We’re “taking all of that data and scrubbing it for leads,” Nanette Davis, a trial attorney in the Justice Department’s tax division, said at the New York University Tax Controversy Forum last week.   

The Effort Has Been Fruitful Already,
she said. With some taxpayers,

 
“We Say We Could Indict This Case Tomorrow,”
said Davis, who is overseeing the review.

The risk of being scrutinized falls on those taxpayers who came forward under the government’s so-called Streamlined Program. Those living in the U.S. paid penalties of 5 percent of their undisclosed offshore assets, while overseas residents paid none.

It’s been clear to us as tax advisers that the Justice Department might prosecute people who lied in their streamlined declarations.

IRS trial attorney John C. McDougal suggested at the conference that the review of the streamlined submissions isn’t as dire as Davis made it sound because they’re being looked at in the same way as other tax returns. The IRS has begun formal examinations in some of the cases, he said.

 

 Do You Have Undeclared Offshore Income?


 Want to Know if the Streamlined 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

 

 

Read more at: Tax Times blog

Argentina and Barcelona Soccer Player Leo Messi Handed Jail Term in Spain for Tax Fraud

A Spanish court on July 6, 2016 sentenced the Argentine soccer superstar Lionel Messi to 21 months in jail after he was found guilty of tax fraud for using offshore companies to avoid paying Spanish taxes on advertising contracts.
 
Mr. Messi was also fined about 2.1 million euros, or $2.3 million, by a court in Barcelona. Offenders in Spain are typically imprisoned for financial crimes only if the sentence is at least two years or if they already have a criminal record, neither of which applies to Mr. Messi.

The soccer player’s father also received a 21-month jail term and a 1.6 million euro fine for defrauding Spain of €4.1m (£3.5m; $4.5m) between 2007 and 2009.They also face millions of euros in fines for using tax havens in Belize and Uruguayto conceal earnings from image rights. 
 
The case against Mr. Messi, who plays for the Spanish soccer powerhouse Barcelona, and his father, Jorge Horacio Messi, dates to 2013, when a state prosecutor opened an investigation into whether they had defrauded the state of 4.1 million euros. The investigation focused on the player’s tax returns filed between 2007 and 2009. 
Under the Spanish system, prison terms of under two years can be served under probation, so neither man is expected to actually serve time in jail. Both Messi and his father made a voluntary €5m "corrective payment", equal to the alleged unpaid tax plus interest, in August 2013.
"FC Barcelona expresses its full support to Leo Messi and his father in relation to the conviction for tax fraud... 

 "The club... considers that the player, who has corrected his position with the Spanish tax office, is in no way criminally responsible with regards to the facts underlined in this case."

Appearing in court last month, the soccer star limited his comments to repeating that he was completely uninvolved in the advertising contracts, and said that he was unaware of the overall state of his finances. His father, meanwhile, said the contracts had been reviewed by a legal adviser.

In its sentence, the court dismissed the Barcelona player’s argument as insufficient to exonerate him from his fiscal responsibility. The sentence can be, and is expected to be, appealed via the Spanish Supreme Court. 
The sentencing came shortly after Mr. Messi announced his retirement from international soccer, after missing a penalty in Argentina’s loss to Chile in the final of the Copa América. He will continue to play for his club. 
Do You Have Undeclared Offshore Income?

 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
 

 

Read more at: Tax Times blog

IRS Revises Due Date for Form 8971 For All Estates Filed After July, 2015 to June 30, 2016 – Follow up!


We previously posted IRS Revises Due Date for Form 8971 For All Estates Filed After July, 2015 to June 30, 2016 where we discussed that for many years the IRS has had a problem verifying the basis of assets received by an heir from an estate. Within the last three or four years, the IRS has required brokerage houses and banks to supply it with the cost basis so that it could determine that the capital gain or loss on securities was correctly calculated. 

 
The IRS has created a form 8971 along with the schedule A which requires anyone who must file a form 706 or form 706NA to compel the executor/personal representative/administrator to file this form 8971+ schedule A with the Internal Revenue Service. Each heir/beneficiary is to be supplied with a copy of schedule A to inform him of his basis in the assets inherited from the estate. This filing requirement is limited to estates which must file a 706 or 706NA.
 
The upshot of this is that estate tax returns filed merely to achieve portability are exempt from this filing requirement. Such filing had to be made within 30 days of the filing of the estate tax return or, in the case of estate tax returns filed subsequent to July, 2015, by March 30, 2016. 
 

One of the major problem that the IRS has had over the years is determining the basis of property inherited from an estate. As those of us who operate in the estate arena know, Section 1014 of the IRC gives each heir a basis equal to the value reported and accepted (by the IRS) on the federal estate tax return, form 706 or form 706-NA. 

In order to get a recordation of the basis, the IRS now requires, for 706/706-NA filings after July, 2015, that the executor of the estate file a form 8971 with the IRS within 30 days of the filing of the estate tax return. The form went through several revisions and the final requirement, as set forth in IRS Notice 2016-27, was that all estates filed since July, 2015, file the form 8971 retroactively as of June 30, 2016. 

The basic form along with schedule A's must be filed with the Internal Revenue Service and copy of the schedule A's distributed to the proper heirs. To be sure, a 8971 is not required in every case but one should be careful about whether to file since there is a fine levied against estates which fail to comply with the time requirement. 

The final analysis is that if you have
prepared and filed a 706/706-NA
since the end of July of last year,
you had best review the rules to determine
whether you need to file a form 8971
to comply with the statute?
 

 

Have a US Estate Tax Problem?

 

 
 

 

Estate Tax Problems Require
an Experienced Estate Tax Attorney
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).
 
 
Robert S. Blumenfeld  - 
 Estate Tax Counsel
Mr. Blumenfeld concentrates his practice in the areas of International Tax and Estate Planning, Probate Law, and Representation of Resident and Non-Resident Aliens before the IRS.

Prior to joining Marini & Associates, P.A., he spent 32 years as the Senior Attorney with the Internal Revenue Service (IRS), Office of Deputy Commissioner, International.

While with the IRS, he examined approximately 2,000 Estate Tax Returns and litigated various international and tax issues associated with these returns.As a result of his experience, he has extensive knowledge of the issues associated with and the preparation of U.S. Estate Tax Returns for Resident and Non-Resident Aliens, Gift Tax Returns, Form 706QDT and Qualified Domestic Trusts.

 

 

 

 
 

 

Read more at: Tax Times blog

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