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FinCEN Announced That Victims of Hurricane Milton have until May 1, 2025 to File Their 2023 FBARs

October 16, 2024


FinCEN announced on October 11, 2024 that victims of Hurricane Milton have until May 1, 2025 to file Reports of Foreign Bank and Financial Accounts (FBARs) for the 2023 calendar year.  

FBAR filings for calendar year 2023 would otherwise be due on or before October 15, 2024. FinCEN is offering this expanded relief to any area that is designated both by the Federal Emergency Management Agency (FEMA) as qualifying for individual or public assistance and by the Internal Revenue Services (IRS) as eligible for tax filing relief, as a result of Hurricane Milton.  

If, after the date of this announcement, the IRS designates other areas affected by this natural disaster as eligible for tax filing relief, the areas will receive FBAR relief from FinCEN automatically.  

Deadlines for FBAR filings will be the same as those set forth in IRS designations.  Information on actions that the IRS has taken in response to Hurricane Milton can be found at: 

https://www.irs.gov/newsroom/tax-relief-in-disaster-situations

 In addition, FinCEN will work with any FBAR filer who lives outside the disaster areas but who must consult records located in the affected areas to meet the deadline.  

FBAR filers who live outside the affected areas and who are seeking assistance in meeting their filing obligations (including workers assisting the relief activities who are affiliated with a recognized government or philanthropic organization) should contact the FinCEN Regulatory Support Section at 800-767-2825 or electronically at [email protected]. 

FBAR relief is part of a coordinated federal response to the damage caused by natural disasters and is based on local damage assessments by FEMA.  

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)

 


Read more at: Tax Times blog

TIGTA Issues Report That The IRS Has Expended $6.9 Billion (11.9 percent) of its $57.8 Billion IRA Funding.

October 15, 2024

TIGTA Issued Report Number 2024-IE-R020 on September 30, 2024 entitled the IRS’s Inflation Reduction Act Spending Through June 30, 2024. It provides quarterly and cumulative reporting on the IRS’s use of IRA funding to implement its Strategic Operating Plan and is inclusive of all IRA expenditures through June 30, 2024.  

As Of June 30, 2024, The IRS Expended Approximately $6.9 Billion (11.9 Percent)
of its $57.8 Billion IRA Funding.

In addition to the expended amounts shown on the graphic, the IRS expended approximately $11.6 million in Fiscal Year (FY) 2023 for the direct  e-file tax return system, which is included in the total amount expended. 

The IRA supplemental funding is available to the IRS through September 30, 2031, and is intended to help the IRS transform tax administration and improve the services provided to taxpayers.  Like the funding the IRS receives as part of its annual appropriation, the IRA supplemental funding includes caps for the four primary budget activities, as follows: 
  •  Enforcement -- $24 billion.
    • The IRA originally provided $45.6 billion for the Enforcement funding activity.  The subsequent Acts reduced the amount to $24 billion.
  • Operations Support -- $25.3 billion. 
  • BSM -- $4.8 billion.
  • Taxpayer Services -- $3.2 billion. 

In addition, the supplemental funding provided by the IRA also included $500 million for the necessary expenses relating to the implementation of the Energy Security provisions and $15 million to study the feasibility of implementing a direct e-file tax return system. 

The IRS has used supplemental IRA funding to fund operations as its annual appropriations were not enough to cover its general operating expenses.  

The IRS received the same annual appropriation amount for FY 2024 that it received in FY 2023 with no adjustments for inflation.9  For FY 2024, the IRS estimates that $1.6 billion of IRA funding will be needed to cover its annual appropriation shortfalls for pay raises, inflationary increases already built into contracts, and other current services.  IRS officials noted that the continued use of IRA funds to cover shortfalls in the annual appropriation will impact its ability to successfully deliver transformation objectives.  

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)

 


Read more at: Tax Times blog

IRS Provides Hurricane Milton Relief; May 1, 2025 Deadline Now Applies To Individuals And Businesses In All Of Florida

October 11, 2024


In IR-2024-264 Dated Oct. 11, 2024 the Internal Revenue Service announced relief for individuals and businesses in 51 counties in Florida due to Hurricane Milton, 

Individuals and businesses in six counties that previously did not qualify for relief under either Hurricane Debby or Hurricane Helene will receive disaster tax relief beginning Oct. 5, 2024, and concluding on May 1, 2025. They are Broward, Indian River, Martin, Miami-Dade, Palm Beach and St. Lucie.

In addition, individuals and businesses in 20 counties previously receiving relief under Debby, but not Helene will receive disaster tax relief under Hurricane Milton, from Aug. 1, 2024, thru May 1, 2025. They are Baker, Brevard, Clay, DeSoto, Duval, Flagler, Glades, Hardee, Hendry, Highlands, Lake, Nassau, Okeechobee, Orange, Osceola, Polk, Putnam, Seminole, St. Johns and Volusia counties.

As a result, affected taxpayers in all of Florida now have until May 1, 2025, to file various federal individual and business tax returns and make tax payments, including 2024 individual and business returns normally due during March and April 2025 and 2023 individual and corporate returns with valid extensions and quarterly estimated tax payments.

Hurricane Milton-related tax relief postpones various tax filing and payment deadlines that occurred beginning on Oct. 5, 2024, and ending on May 1, 2025 (postponement period). 


As a result, affected individuals and businesses will have until May 1, 2025, to file returns and pay any taxes that were originally due during this period.

This means, for example, that the May 1, 2025, deadline now applies to:

  • Any individual or business that has a 2024 return normally due during March or April 2025.
  • Any individual, C corporation or tax-exempt organization that has a valid extension to file their calendar-year 2023 federal return. The IRS noted, however, that payments on these returns are not eligible for the extra time because they were due last spring before the hurricane occurred.
  • 2024 quarterly estimated tax payments normally due on Jan. 15, 2025, and 2025 estimated tax payments normally due on April 15, 2025.
  • Quarterly payroll and excise tax returns normally due on Oct. 31, 2024, Jan. 31, 2025, and April 30, 2025.

In addition, for localities affected by Hurricane Milton, penalties for failing to make payroll and excise tax deposits due on or after Oct. 5, 2024, and before Oct. 21, 2024, will be abated, as long as the deposits are made by Oct. 21, 2024. Localities eligible for this relief are: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putman, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union and Volusia counties.

The IRS Automatically Provides Filing And Penalty Relief
To Any Taxpayer With An IRS Address Of Record
Located In The Disaster Area. These Taxpayers Do Not
Need To Contact The Agency To Get This Relief.

It is possible an affected taxpayer may not have an IRS address of record located in the disaster area, for example, because they moved to the disaster area after filing their return. In these unique circumstances, the affected taxpayer could receive a late filing or late payment penalty notice from the IRS for the postponement period. The taxpayer should call the number on the notice to have the penalty abated.

In addition, the IRS will work with any taxpayer who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area. Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227. This also includes workers assisting the relief efforts who are affiliated with a recognized government or philanthropic organization. Disaster area tax preparers with clients located outside the disaster area can choose to use the Bulk requests from practitioners for disaster relief option, described on IRS.gov.

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)

 



Read more at: Tax Times blog

Scotus Won’t Hear FBAR Constitutional Challenge By “Pro Se” Taxpayer

October 9, 2024

According to Law360, The U.S. Supreme Court let stand on October Seventh 2024 a Seventh Circuit decision dismissing a man's challenge to the constitutionality of the Bank Secrecy Act's requirement to report his foreign bank accounts, effectively ending the man's claim that the filings were an invasion of privacy.

In an order, the high court denied the petition of George Gaio Mano, a U.S. citizen living in Japan, who had petitioned the court in July to overturn a requirement that he file a Report of Foreign Bank and Financial Accounts, or FBAR, for 2022.

While a federal district court had denied Mano's claims on the merits, the Seventh Circuit in May upheld the dismissal on additional grounds that the case had become moot. After filing his appeal, Mano chose to file an FBAR for 2022, the appellate court said in its ruling.

He didn't choose to file an FBAR, he said. Rather, he was "coerced" into making the report after the Seventh Circuit twice rejected his motion for a temporary injunction, he said.

Mano, who represented him self "Pro se," said that the "Petitioner's choice was either file FBAR or break the law."


Mano had argued that the reporting requirements stemming from the Bank Secrecy Act were disconnected from the law's purpose and served primarily "to intimidate and control U.S. citizens who have committed no crimes," according to his petition.

He claimed the government was wrongly allowed to create a "mass collection of private banking data" that violated several amendments to the Constitution, including the right to privacy.

Rather than report his Japanese account for 2022, which Mano was required to do because his bank balance exceeded $10,000, he sued U.S. Treasury Secretary Janet Yellen, the Treasury Department and the Internal Revenue Service. The reporting requirement violated the Fourth Amendment because it was an unreasonable search and seizure, he claimed. It also violated the due process rights under the Fifth Amendment, Mano's right to privacy under the Ninth and Tenth amendments and the Fifth Amendment's privilege against self-incrimination, he argued.

A federal district court disagreed. Prior cases such as California Bankers Assn. v. Shultz  have held that the filing requirement is not an unreasonable search or seizure, it said. It also ruled Mano did not adequately develop his due process argument, and failed to allege any violation of the privilege against self-incrimination. It also concluded that the Ninth and Tenth amendments did not afford Mano a right to privacy.

On appeal, the Seventh Circuit ruled that the Bank Secrecy Act does not create a privately enforceable claim. The Constitution also does not have an automatic cause of action allowing private enforcement in courts, the appellate court said.

However, after bringing suit, Mano went ahead and reported his bank account, which left him with no cause of action, the court said. Any harm from having to file another report is speculative, it said, noting that Mano regularly withdraws enough money from the account to keep the balance under $10,000.

In August, the federal government waived its right to respond to Mano's petition.

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)

 





Read more at: Tax Times blog

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