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October 2022

IRS Announces Relief from Filing Penalties for Certain Taxpayers Affected by COVID-19, Notice 2022-36; IR-2022-155

The IRS announced broad-based penalty relief for taxpayers affected by the COVID-19 pandemic. The relief applies to failure to file penalties and certain international information return (IIR) penalties with respect to tax returns for tax years (TY) 2019 and TY 2020, filed on or before September 30, 2022. Relief is also provided to banks, employers and other businesses from certain […]

IRS Advises Taxpayers On Compliance For Improperly Forgiven Paycheck Protection Program Loans, IR-2022-162

The IRS has issued guidance to taxpayers, who have inappropriately received forgiveness of their Paycheck Protection Program (‘PPP’) loan, and has encouraged them to take steps towards compliance, such as filing amended returns that include the forgiven loan amounts, as income. The PPP loan program was established by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to assist […]

Taxpayers Urged to Develop Natural Disaster Emergency Preparedness Plans, IR-2022-156

The IRS has reminded taxpayers to develop emergency preparedness plans due to the upcoming hurricane season and the ongoing threat of wildfires in some parts of the country. September is declared as the National Preparedness Month. The IRS advised taxpayers to:

secure critical documents such as tax returns, birth certificates, deeds, titles, and insurance policies inside waterproof containers in a secure […]

IRS Issues Guidance on Pre-Screening And Certification Process for WOTC, IR-2022-159

The IRS has released information regarding the pre-screening and certification process for employers taking advantage of the Work Opportunity Tax Credit (WOTC). The information relates to hiring designated categories of workers who face significant barriers to employment, including:

Qualified IV-A Temporary Assistance for Needy Families (TANF) recipients;Certain veterans, including unemployed or disabled veterans;Qualified long-term unemployment recipients; andLong-term family assistance recipients

The WOTC, […]

Pandemic Business Relief Delays Continue Amid Processing Delays

Businesses are still waiting for pandemic relief made available to them during the COVID-19 outbreak amid ongoing processing delays at the Internal Revenue Service, according to the Treasury Inspector General for Tax Administration.

According to an August 31, 2022, report posted to the TIGTA web site, the IRS “did not begin processing claims for qualified Sick and Family Leave Credits and the Employee Retention […]

IRS Infrastructure Upgrades Will Protect Honest Taxpayers – Treasury Secretary Yellen

Upgrading the Internal Revenue Service’s antiquated information technology infrastructure will help honest taxpayers, especially those making $400,000 or less, from being audited, Department of the Treasury Secretary Janet Yellen said.

Speaking September 15, 2022, at an IRS facility in New Carrollton, Md., Yellen reiterated that the $80 billion in additional funds allocated to the IRS in the recent Inflation Reduction Act […]

IRS Releases Exceptions to Canceled Student Loan Debt In Income

The IRS has released a list of exceptions for the inclusion of a cancelled student loan debt in income. Generally, had a taxpayer’s student loan been cancelled or repaid by someone else, the taxpayer was mandated to include the cancelled or repaid loan amount as part of their gross income, for tax purposes. However, the American Rescue Plan Act of […]

September 2022

Reducing the Impact of Required Minimum Distributions

If you have a traditional (non-Roth) IRA or employer-sponsored retirement plan (such as a 401k), you’re probably aware that you must take required minimum distributions (RMDs) beginning at age 72 (70½ if you reached that age before 2020). Note: To provide some financial relief during the COVID-19 pandemic, the CARES Act suspended RMDs for 2020 only. If you reached age […]

Meals and Entertainment: Which Expenses are Still Deductible?

The Tax Cuts and Jobs Act of 2017 (TCJA) slashed many common deductions for business meals and entertainment. Yet a great deal of confusion remains about what is, and is not, deductible. Although most entertainment expenses no longer qualify (with some exceptions), many expenses for business meals continue to be deductible, at least in part. Here’s a quick review.

Entertainment

The TCJA […]

President Biden Signs Inflation Reduction Act Into Law

President Biden, on August 16, 2022, signed the Inflation Reduction Act ( P.L. 117-169) into law following its passage along party lines in both chambers of Congress.

The law is a slimmed down version of the Build Back Better Act that passed the House in 2021 but failed to even come up for a vote in the Senate due to opposition primarily […]

CHIPS and Science Act Becomes Law

President Biden signed the CHIPS and Science Act into law after it received bipartisan support in both the House of Representatives and the Senate.

The law ( H.R. 4346) “will boost American semiconductor research, development, and production, ensuring U.S. leadership in the technology that forms the foundation of everything from automobiles to household appliances to defense systems,” the White House said in a fact sheet released […]

Yellen Seeks Plan From IRS Regarding New Funds

Department of the Treasury Secretary Janet Yellen is seeking a detailed plan from the Internal Revenue Service on how it plans to spend to the $80 billion in additional funds that the agency received as part of the Inflation Reduction Act that was signed by President Biden on August 16, 2022.

“I would like the IRS to work closely with the […]

National Tax Advocate Appeals to IRS Commish on Scanning Paper Returns

National Taxpayer Advocate Erin Collins has taken an “unusual step” to appeal an Internal Revenue Service Deputy Commissioners’ decision directly to Commissioner Charles Rettig for reconsideration regarding the use of scanning technology for paper tax returns.

In March, Collins issued a Taxpayer Advocate Directive calling on the agency to work with tax software companies to implement a 2-D barcode on all returns prepared […]

Tax Professionals Warned of Evolving Identity Theft Scams, IR-2022-143

The IRS and the Security Summit partners have warned tax professionals to beware of evolving identity theft scams perpetrated through phishing emails and SMS-text that are designed to trick practitioners into opening embedded links or attachments that infect their computer systems with the potential to steal personal and client information such as passwords, bank account numbers, credit card numbers, or […]

Retirement Amendment Deadlines Extended to Reflect SECURE Act, Miners Act, and CARES Act, Notice 2022-33

The IRS has extended the deadlines for amending a retirement plan or individual retirement arrangement (IRA) to reflect certain provisions of Division O of the Further Consolidated Appropriations Act, 2020, P. L. 116-94, known as the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), and Section 104 of Division M of the Further Consolidated Appropriations Act, 2020, […]

Final Regulations Remove Code Sec. 754 Election Signature Requirement, TD 9963

The Treasury and IRS have issued final regulations eliminating the signature requirement for making a Code Sec. 754 election (section 754 election). The regulations finalize 2017 proposed regulations ( REG-116256-17), on which taxpayers were entitled to rely.

Election Signature Requirement

A partnership can make a section 754 election to adjust the basis of partnership property in the event the inside and outside bases are unequal. If the […]

AICPA Concerned Over IRS Practitioner Priority Service Line Problems

The American Institute of CPAs highlighted several challenges that tax practitioners are experiencing with the use of the Internal Revenue Service’s Practitioner Priority Service (PPS) line.

In an August 9, 2022, letter to the agency, the AICPA called the “plummeting” PPS line level of service “an area of continuing concern.”

“Anecdotally, we are hearing from tax practitioners everyday regarding their significant PPS line challenges and […]

AICPA Offers Comments on Green Book Trust and Estate Tax Proposals

The American Institute of CPAs offered up suggestions to Congress, focused on the trust and estate proposals found within the fiscal year 2023 revenue proposal, as the legislative branch considers the White House Budget request.

In a July 28, 2022, letter sent to Democrat and Republican leadership on both the Senate Finance Committee and the House Ways and Means Committee, AICPA outlined a […]

August 2022

Simplified Portability Election Relief Procedure Updated, Rev. Proc. 2022-32

The IRS has updated its simplified procedure for estates requesting an extension of time to make a portability election under Code Sec. 2010(c)(5)(A). The updated procedure replaces that provided in Rev. Proc. 2017-34. If the portability election is made, a decedent’s unused exclusion amount (the deceased spousal unused exclusion (DSUE) amount) is available to a surviving spouse to apply to transfers made […]

Qualified Derivative Payment Reporting Under BEAT Rules Deferred Until 2025, Notice 2022-30

The IRS intends to amend the base erosion and anti-abuse tax (BEAT) regulations under Code Secs. 59A and 6038A to defer the applicability date of the reporting of qualified derivative payments (QDPs) until tax years beginning on or after January 1, 2025.

Background

Final BEAT regulations adopted with T.D. 9885 include rules under Code Secs. 59A and 6038A addressing the reporting of QDPs, which are not treated as base erosion payments for […]

IRS Whistleblower Office Director Discusses Significance of Whistleblower Information in Identifying Noncompliance

John Hinman, Director, IRS Whistleblower Office highlighted the importance of whistleblower information in identifying noncompliance and reducing the tax gap in an executive column published by the IRS. Each year, the IRS receives thousands of award claims from individuals who identify taxpayers who may not be abiding by U.S. tax laws. The IRS Whistleblower Office ensures that award claims are reviewed by […]

Senate Dems Call For Filing Extension Due to ITIN Processing Delays

A group of Senate Democrats is calling on the IRS to extend the filing deadline for those unable to file for and receive the advanced child tax credit (CTC) due to the processing backlog of individual taxpayer identification number (ITIN) applications.

In a July 14, 2022, letter to Treasury Secretary Janet Yellen and IRS Commissioner Charles Rettig, the Senators, led by Robert Menendez […]

IRS Helps Taxpayers Understand How and Why Agency Representatives May Reach Out, FS-2022-33

The IRS has released a Fact Sheet to help taxpayers understand how and why agency representatives may contact them and how to identify them and avoid scams. Generally, the IRS sends a letter or written notice to a taxpayer in advance, but not always. Depending on the situation, IRS employees may first call or visit with a taxpayer. Further, the […]

AICPA Offers Recommendations on Required Minimum Distribution Proposal

The American Institute of CPAs offered the Internal Revenue Service a series of recommendations related to proposed regulations for required minimum distributions from individual retirement accounts.

The July 1, 2022, comment letter to the agency covered two specific areas: minimum distribution requirements for designated beneficiaries when death of the employee or IRA owner occurs after the required beginning date, and the definition of […]

GAO Issues Report on Stimulus Checks During COVID-19 Pandemic, GAO Report: Stimulus Checks–Direct Payments to Individuals during the COVID-19 Pandemic (GAO-22-106044)

The Government Accountability Office (GAO) issued a report on stimulus checks during the Coronavirus 2019 (COVID-19) pandemic. From April 2020 to December 2021, the federal government made direct payments to taxpayers totaling $931 billion to address pandemic-related financial stress.

Report Findings

Some eligible taxpayers never received payments. Eligible taxpayers can still claim their payments through October 17. There were challenges for the […]

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