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New regulations provide that a evidence of a postmark is not sufficient to prove delivery

New regulations provide that a evidence of a postmark is not sufficient to prove delivery. ( T.D. 9543, 76 Fed. Reg. 52561 (8/23/11), amending Regs. §301.7502-1, by revising paragraphs (b)(2) and (e) and adding paragraphs (c)(3) and (g)(4)).

If a tax return preparer files returns, the preparer should either hand-deliver them to the IRS, use certified mail, or use an alternative described below.

When a preparer sends returns to clients, the preparer must consider not only recommending that the clients send the returns via certified mail but also:
 
• warn the clients that the failure to use certified mail might invalidate the returns, and
• encourage the clients to contact the preparer for alternative methods if certified mail does not work for the clients.

Private delivery services, such as UPS or FedEx, can also be used, but you should first confirm by looking at Notice 2004-83 , 2004-52 I.R.B. 1030 or any relevant guidance issued after that.
 
The IRS stated that it will be issuing more guidance on private delivery services.

Read more at: Tax Times blog

Whatcha Gonna Do When They Come for You? IRS CID Stepping Up its Act

WASHINGTON –The Internal Revenue Service’s (IRS) Criminal Investigation (CI) division surpassed its goals for Fiscal Year (FY) 2010, according to a new report publicly released by the Treasury Inspector General for Tax Administration (TIGTA).

CI is primarily dedicated to developing and investigating legal source tax cases, which are crimes involving legal industries and occupations and legally earned income. The prosecution of these cases is key to supporting the IRS’s overall compliance goals, enhancing voluntary compliance with the tax laws, and promoting fairness and equity in the tax system. The overall objective of TIGTA’s review was to provide a statistical portrayal with trend analyses of CI’s enforcement activities for Fiscal Years 2006 through 2010.

For more information go to http://www.forbes.com/sites/peterjreilly/2011/08/29/whatcha-gonna-do-when-they-come-for-you-irs-cid-stepping-up-its-act/

Read more at: Tax Times blog

IRS Extends Deadline for Offshore – What Must Be Filed?

The IRS stated on August 26 and further clarified on August 29 that due to the potential impact of Hurricane Irene it has extended the due date for its 2011 Offshore Voluntary Disclosure Initiative (OVDI) requests and several other required informational returns from August 31, 2011 until September 9, 2011.

For those taxpayers who have not yet submitted their request and any documents, the IRS has indicated that the following actions are necessary by September 9, 2011:
  • Identifying information must be submitted to the Criminal Investigation office. This includes name, address, date of birth, and social security number and as much of the other information requested in the Offshore Voluntary Disclosures Letter as possible. This information must be sent to:

    Offshore Voluntary Disclosure Coordinator
    600 Arch Street, Room 6404
    Philadelphia, PA 19106

  • Send a request for a 90-day extension for submitting the complete voluntary disclosure package of information to the Austin campus. This request must be sent to:

    Internal Revenue Service
    3651 S. I H 35 Stop 4301 AUSC
    Austin, TX 78741
    ATTN: 2011 Offshore Voluntary Disclosure Initiative

The IRS's 2011 OVDI established a framework of penalties for taxpayers who become fully tax compliant for unreported offshore income, accounts, civil law foundations, trusts or entities for years between 2003 and 2010.
The IRS also extended the deadline for filing delinquent Reports on Foreign Bank and Financial Accounts (FBAR) that were due for calendar years prior to 2010 until September 9, 2011.
In addition, the IRS will not impose a penalty for the failure to file the information returns Form 5471 for controlled foreign corporations or Form 3520 for foreign trusts if there are no underreported tax liabilities and the information returns are filed by September 9, 2011.

Read more at: Tax Times blog

Swiss ‘Clarification' on U.S. Treaty Could Ease Handover of Bank Account Details

The Swiss government has put forward a clarification of the new U.S.-Swiss double taxation tax treaty, which may help resolve a dispute between the two countries over allegations that Switzerland’s second largest bank helped its U.S. clients evade taxes.

A spokesman for the Swiss Federal Tax Administration, Mario Tuor, confirmed Aug. 29 that the Federal Council, the government’s executive arm, sent a memorandum dated Aug. 8 outlining an interpretation of administrative assistance under the treaty. That interpretation may make it easier for the U.S. Internal Revenue Service to seek out information on undeclared accounts of U.S. clients with the Swiss bank, Credit Suisse. The memorandum, forwarded to the foreign affairs committee of the Swiss parliament’s upper house, contains a clarification of the tax agreement by the Federal Council.

 It was understood the memorandum makes reference to the draft of an undertaking by the Swiss government to hand over a list of U.S. clients with Credit Suisse accounts to U.S. tax authorities – just as the Swiss government agreed to do in 2009 in regards to U.S. demands for information on undeclared accounts of U.S. clients with UBS, Switzerland’s largest bank.

Read more at: Tax Times blog

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