The IRS released its annual Dirty Dozen list of tax scams for 2025, cautioning taxpayers, businesses and tax professionals about schemes that threaten their financial and tax information. The IRS iden...
The IRS has expanded its Individual Online Account tool to include information return documents, simplifying tax filing for taxpayers. The first additions are Form W-2, Wage and Tax Statement, and F...
The IRS informed taxpayers that Achieving a Better Life Experience (ABLE) accounts allow individuals with disabilities and their families to save for qualified expenses without affecting eligibility...
The IRS urged taxpayers to use the “Where’s My Refund?” tool on IRS.gov to track their 2024 tax return status. Following are key details about the tool and the refund process:E-filers can chec...
The IRS has provided the foreign housing expense exclusion/deduction amounts for tax year 2025. Generally, a qualified individual whose entire tax year is within the applicable period is limited to ma...
The Arizona Department of Revenue is now accepting 1099-R Retirement filings through Direct File. It is relevant for those addressing personal income tax matters related to retirement. News Release, ...
An incarcerated inmate that sold hobby crafts during a prison rodeo was not a dealer required to pay Louisiana sales tax on retail sales. Anderson v. Louisiana Department of Public Safety and Correct...
Proposed tax changes in the Budget Reconciliation and Financing Act of 2025 (H.B. 352/S.B. 321), part of Maryland Governor Wes Moore's legislative agenda, include the following:Personal income tax pro...
The Michigan Tax Tribunal misapplied the burden of proof in deciding the application of the lessee-user property tax to an airplane hanger built on land leased by the taxpayer from the Northwestern Re...
A Texas Comptroller decision denied the cost of goods sold subtraction and reduced retailer/wholesaler tax rate for a taxpayer who provided "Printing as a Service." The taxpayer sold printers, scanner...
The Virginia interest rates for the second quarter of 2025 will remain at 9% for tax underpayments (assessments) and 9% for tax overpayments (refunds). For the purpose of computing the addition for un...
Click here to access resources available at the AICPA. For local resources: click here for Maryland, click here for Virginia and click here for the District of Columbia.
For small business relief, click here . For federal tax relief, click here and here .
On July 25, 2018, in a statement posted to their firm's respective websites, the leaders of the largest CPA firms reaffirmed the audit profession's commitment to audit quality.
On July 25, 2018, in a statement posted to their firm's respective websites, the leaders of the largest CPA firms reaffirmed the audit profession's commitment to audit quality. The statement notes, among other things, that the financial statement audit is the bedrock of our financial system. As a firm steeped in putting audit quality at the forefront of everything we do, we join in this commitment. For us, auditing is our passion and a major component to honoring our public-interest responsibilities.
In a 5 to 4 decision, the US Supreme Court overturned the landmark court case that required a physical presence to establish a seller's responsibility to collect and remit sales tax to a state.
In a 5 to 4 decision, the US Supreme Court overturned the landmark court case that required a physical presence to establish a seller's responsibility to collect and remit sales tax to a state. As noted in the respective CCH Special Report, this case, titled South Dakota v. Wayfair, opens the door for states to follow suit in crafting and enacting laws to require remote sellers to collect and remit sales or use tax. This issue warrants close monitoring to see how states address, among other things, retroactive application and the related implications under ASC 450, Contingencies.
On June 21, 2018, the Financial Accounting Standards Board (FASB) issued its latest updated guidance for nonprofit organizations.
On June 21, 2018, the Financial Accounting Standards Board (FASB) issued its latest updated guidance for nonprofit organizations. Click here for a copy of the newsletter and here for a copy of the new standard.
The principal changes involve helping preparers and auditors more consistently 1) characterize grants and similar contracts (primarily with government agencies) as exchange transactions or contributions; and 2) distinguish between conditional and unconditional contributions.
Ellicott City Main Street has again suffered tragic losses from torrential rain storms.
Ellicott City Main Street has again suffered tragic losses from torrential rain storms. Click here and here on how you can help. And click here for a collection of thoughts from business owners on rebuilding (from The Baltimore Sun).
This represents MACPA's Accounting and Auditing Standards Committee's comments on the exposure draft issued by the Auditing Standards Board addressing changes to the auditor reporting model and the auditor's consideration of disclosures in a financial statement audit.
Welcome to volume 18.02 of our Tax Update newsletter.
Welcome to volume 18.02 of our Tax Update newsletter. Click here to access our newsletter covering highlights of the new tax law from an individual perspective. For a high level comparison of key provisions of the new law with prior law, click here.
Welcome to volume 18.01 of our Tax Update newsletter.
Welcome to volume 18.01 of our Tax Update newsletter. Click here to access our newsletter covering highlights of the new tax law from a business perspective. We welcome comments and suggestions for future editions. Thank you.
By now we are all well aware of the devastation and displacement caused by Hurricanes Harvey and Irma. The effort to restore and rebuild will be massive and long-enduring. For our clients and friends, we have put together this article to be a source of information on matters related to helping those affected. In the coming weeks and months, we will update and revise this resource as needed.
By now we are all well aware of the devastation and displacement caused by Hurricanes Harvey and Irma. The effort to restore and rebuild will be massive and long-enduring. For our clients and friends, we have put together this article to be a source of information on matters related to helping those affected. In the coming weeks and months, we will update and revise this resource as needed.
AICPA:
American Red Cross:
http://www.redcross.org/about-us/our-work/disaster-relief
Insurance Claims Information:
http://www.iii.org/article/insurance-company-claims-filing-telephone-numbers
IRS:
https://www.irs.gov/forms-pubs/about-form-1099r
https://www.irs.gov/individuals/tax-law-provisions-for-disaster-areas
https://www.irs.gov/newsroom/tax-relief-for-victims-of-hurricane-irma-in-south-carolina
Retirement Plans Can Make Loans, Hardship Distributions to Victims of Hurricane Harvey
https://www.irs.gov/businesses/small-businesses-self-employed/faqs-for-disaster-victims
https://www.irs.gov/pub/irs-pdf/p584b.pdf
http://www.irs.gov/pub/irs-drop/rp-16-53.pdf
Louisiana:
http://gov.louisiana.gov/news/major-disaster-declared-for-the-state-of-louisiana-8-14-16
U.S. Government (other than IRS):
https://www.disasterassistance.gov/
https://www.dhs.gov/topic/disasters
https://www.sba.gov/loans-grants/see-what-sba-offers/sba-loan-programs/disaster-loans
https://www.sec.gov/news/press-release/2017-164
Texas:
The proposed ASU is designed to help organizations decide if a transaction should be accounted for as a contribution or as an exchange.
There has been a long standing debate in the financial accounting and reporting community as to the proper treatment of certain government grants. Specifically, the main issue is should these be treated as contributions or revenue from exchange transactions. The answer can have a significant effect on an organization's financial statements assuming they following U.S. Generally Accepted Accounting Principles. The proposal aims to provide more guidance around this issue. Also, the proposal provides enhanced guidance around the distinction between conditional versus unconditional contributions. The proposal can be found here. Comments can be submitted at the FASB's website through November 1.
This article discusses the importance of timing of enrollment.
This newsletter covers the recent ASU issued on revenue recognition in context of exchange transactions.
This newsletter summarizes the new ASU addressing accounting for leasing transctions.
FASB In Focus 14.05.28 (updated 16.01)
This represents our firm's comment on the PEEC exposure draft on proposed interpretations under the Integrity and Objectivity Rule.
The Financial Crimes Enforcement Network (FinCEN) has removed the requirement that U.S. companies and U.S. persons must report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act.
The Financial Crimes Enforcement Network (FinCEN) has removed the requirement that U.S. companies and U.S. persons must report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act. This interim final rule is consistent with the Treasury Department's recent announcement that it was suspending enforcement of the CTA against U.S. citizens, domestic reporting companies, and their beneficial owners, and that it would be narrowing the scope of the BOI reporting rule so that it applies only to foreign reporting companies.
The interim final rule amends the BOI regulations by:
- changing the definition of "reporting company" to mean only those entities that are formed under the law of a foreign country and that have registered to do business in any U.S. State or Tribal jurisdiction by filing of a document with a secretary of state or similar office (these entities had formerly been called "foreign reporting companies"), and
- exempting entities previously known as "domestic reporting companies" from BOI reporting requirements.
Under the revised rules, all entities created in the United States (including those previously called "domestic reporting companies") and their beneficial owners are exempt from the BOI reporting requirement, including the requirement to update or correct BOI previously reported to FinCEN. Foreign entities that meet the new definition of "reporting company" and do not qualify for a reporting exemption must report their BOI to FinCEN, but are not required to report any U.S. persons as beneficial owners. U.S. persons are not required to report BOI with respect to any such foreign entity for which they are a beneficial owner.
Reducing Regulatory Burden
On January 31, 2025, President Trump issued Executive Order 14192, which announced an administration policy "to significantly reduce the private expenditures required to comply with Federal regulations to secure America’s economic prosperity and national security and the highest possible quality of life for each citizen" and "to alleviate unnecessary regulatory burdens" on the American people.
Consistent with the executive order and with exemptive authority provided in the CTA, the Treasury Secretary (in concurrence with the Attorney General and the Homeland Security Secretary) determined that BOI reporting by domestic reporting companies and their beneficial owners "would not serve the public interest" and "would not be highly useful in national security, intelligence, and law enforcement agency efforts to detect, prevent, or prosecute money laundering, the financing of terrorism, proliferation finance, serious tax fraud, or other crimes."The preamble to the interim final rule notes that the Treasury Secretary has considered existing alternative information sources to mitigate risks. For example, under the U.S. anti-money laundering/countering the financing of terrorism regime, covered financial institutions still have a continuing requirement to collect a legal entity customer's BOI at the time of account opening (see 31 CFR 1010.230). This will serve to mitigate certain illicit finance risks associated with exempting domestic reporting companies from BOI reporting.
BOI reporting by foreign reporting companies is still required, because such companies present heightened national security and illicit finance risks and different concerns about regulatory burdens. Further, the preamble points out that the policy direction to minimize regulatory burdens on the American people can still be achieved by exempting foreign reporting companies from having to report the BOI of any U.S. persons who are beneficial owners of such companies.
Deadlines Extended for Foreign Companies
When the interim final rule is published in the Federal Register, the following reporting deadlines apply:
- Foreign entities that are registered to do business in the United States before the publication date of the interim final rule must file BOI reports no later than 30 days from that date.
- Foreign entities that are registered to do business in the United States on or after the publication date of the interim final rule have 30 calendar days to file an initial BOI report after receiving notice that their registration is effective.
Effective Date; Comments Requested
The interim final rule is effective on the date of its publication in the Federal Register.
FinCEN has requested comments on the interim final rule. In light of those comments, FinCEN intends to issue a final rule later in 2025.
Written comments must be received on or before the date that is 60 days after publication of the interim final rule in the Federal Register.
Interested parties can submit comments electronically via the Federal eRulemaking Portal at http://www.regulations.gov. Alternatively, comments may be mailed to Policy Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. For both methods, refer to Docket Number FINCEN-2025-0001, OMB control number 1506-0076 and RIN 1506-AB49.
Melanie Krause, the IRS’s Chief Operating Officer, has been named acting IRS Commissioner following the retirement of Doug O’Donnell. Treasury Secretary Scott Bessent acknowledged O’Donnell’s 38 years of service, commending his leadership and dedication to taxpayers.
Melanie Krause, the IRS’s Chief Operating Officer, has been named acting IRS Commissioner following the retirement of Doug O’Donnell. Treasury Secretary Scott Bessent acknowledged O’Donnell’s 38 years of service, commending his leadership and dedication to taxpayers. O’Donnell, who had been acting Commissioner since January, will retire on Friday, expressing confidence in Krause’s ability to guide the agency through tax season. Krause, who joined the IRS in 2021 as Chief Data & Analytics Officer, has since played a key role in modernizing operations and overseeing core agency functions. With experience in federal oversight and operational strategy, Krause previously worked at the Government Accountability Office and the Department of Veterans Affairs Office of Inspector General. She became Chief Operating Officer in 2024, managing finance, security, and procurement. Holding advanced degrees from the University of Wisconsin-Madison, Krause will lead the IRS until a permanent Commissioner is appointed.
A grant disbursement to a corporation to be used for rent payments following the September 11, 2001 terrorist attacks on the World Trade Center was not excluded from the corporation's gross income. Grants were made to affected businesses with funding provided by the U.S. Department of Housing and Urban Development. The corporation's grant agreement required the corporation to employ a certain number of people in New York City, with a portion of those people employed in lower Manhattan for a period of time. Pursuant to this agreement, the corporation requested a disbursement as reimbursement for rent expenses.
A grant disbursement to a corporation to be used for rent payments following the September 11, 2001 terrorist attacks on the World Trade Center was not excluded from the corporation's gross income. Grants were made to affected businesses with funding provided by the U.S. Department of Housing and Urban Development. The corporation's grant agreement required the corporation to employ a certain number of people in New York City, with a portion of those people employed in lower Manhattan for a period of time. Pursuant to this agreement, the corporation requested a disbursement as reimbursement for rent expenses.
Exclusions from Gross Income
Under the expansive definition of gross income, the grant proceeds were income unless specifically excluded. Payments are only excluded under Code Sec. 118(a) when a transferor intends to make a contribution to the permanent working capital of a corporation. The grant amount was not connected to capital improvements nor restricted for use in the acquisition of capital assets. The transferor intended to reimburse the corporation for rent expenses and not to make a capital contribution. As a result, the grant was intended to supplement income and defray current operating costs, and not to build up the corporation's working capital.
The grant proceeds were also not a gift under Code Sec. 102(a). The motive for providing the grant was not detached and disinterested generosity, but rather a long-term commitment from the company to create and maintain jobs. In addition, a review of the funding legislation and associated legislative history did not show that Congress possessed the requisite donative intent to consider the grant a gift. The program was intended to support the redevelopment of the area after the terrorist attacks. Finally, the grant was not excluded as a qualified disaster relief payment under Code Sec. 139(a) because that provision is only applicable to individuals.
Accuracy-Related Penalty
Because the corporation relied on Supreme Court decisions, statutory language, and regulations, there was substantial authority for its position that the grant proceeds were excluded from income. As a result, the accuracy-related penalty was not imposed.
CF Headquarters Corporation, 164 TC No. 5, Dec. 62,627
The parent corporation of two tiers of controlled foreign corporations (CFCs) with a domestic partnership interposed between the two tiers was not entitled to deemed paid foreign tax credits under Code Sec. 902 or Code Sec. 960 for taxes paid or accrued by the lower-tier CFCs owned by the domestic partnership. Code Sec. 902 did not apply because there was no dividend distribution. Code Sec. 960 did not apply because the Code Sec. 951(a) inclusions with respect to the lower-tier CFCs were not taken into account by the domestic corporation.
The parent corporation of two tiers of controlled foreign corporations (CFCs) with a domestic partnership interposed between the two tiers was not entitled to deemed paid foreign tax credits under Code Sec. 902 or Code Sec. 960 for taxes paid or accrued by the lower-tier CFCs owned by the domestic partnership. Code Sec. 902 did not apply because there was no dividend distribution. Code Sec. 960 did not apply because the Code Sec. 951(a) inclusions with respect to the lower-tier CFCs were not taken into account by the domestic corporation.
Background
The parent corporation owned three CFCs, which were upper-tier CFC partners in a domestic partnership. The domestic partnership was the sole U.S. shareholder of several lower-tier CFCs.
The parent corporation claimed that it was entitled to deemed paid foreign tax credits on taxes paid by the lower-tier CFCs on earnings and profits, which generated Code Sec. 951 inclusions for subpart F income and Code Sec. 956 amounts. The amounts increased the earnings and profits of the upper-tier CFC partners.
Deemed Paid Foreign Tax Credits Did Not Apply
Before 2018, Code Sec. 902 allowed deemed paid foreign tax credit for domestic corporations that owned 10 percent or more of the voting stock of a foreign corporation from which it received dividends, and for taxes paid by another group member, provided certain requirements were met.
The IRS argued that no dividends were paid and so the foreign income taxes paid by the lower-tier CFCs could not be deemed paid by the entities in the higher tiers.
The taxpayer agreed that Code Sec. 902 alone would not provide a credit, but argued that through Code Sec. 960, Code Sec. 951 inclusions carried deemed dividends up through a chain of ownership. Under Code Sec. 960(a), if a domestic corporation has a Code Sec. 951(a) inclusion with respect to the earnings and profits of a member of its qualified group, Code Sec. 902 applied as if the amount were included as a dividend paid by the foreign corporation.
In this case, the domestic corporation had no Code Sec. 951 inclusions with respect to the amounts generated by the lower-tier CFCs. Rather, the domestic partnerships had the inclusions. The upper- tier CFC partners, which were foreign corporations, included their share of the inclusions in gross income. Therefore, the hopscotch provision in which a domestic corporation with a Code Sec. 951 inclusion attributable to earnings and profits of an indirectly held CFC may claim deemed paid foreign tax credits based on a hypothetical dividend from the indirectly held CFC to the domestic corporation did not apply.
Eaton Corporation and Subsidiaries, 164 TC No. 4, Dec. 62,622
Other Reference:
An appeals court affirmed that payments made by an individual taxpayer to his ex-wife did not meet the statutory criteria for deductible alimony. The taxpayer claimed said payments were deductible alimony on his federal tax returns.
An appeals court affirmed that payments made by an individual taxpayer to his ex-wife did not meet the statutory criteria for deductible alimony. The taxpayer claimed said payments were deductible alimony on his federal tax returns.
The taxpayer’s payments were not deductible alimony because the governing divorce instruments contained multiple clear, explicit and express directions to that effect. The former couple’s settlement agreement stated an equitable division of marital property that was non-taxable to either party. The agreement had a separate clause obligating the taxpayer to pay a taxable sum as periodic alimony each month. The term “divorce or separation instrument” included both divorce and the written instruments incident to such decree.
Unpublished opinion affirming, per curiam, the Tax Court, Dec. 62,420(M), T.C. Memo. 2024-18.
J.A. Martino, CA-11
A new year may find a number of individuals with the pressing urge to take stock, clean house and become a bit more organized. With such a desire to declutter, a taxpayer may want to undergo a housecleaning of documents, receipts and papers that he or she may have stored over the years in the event of an IRS audit. Year to year, fears of an audit for claims for tax deductions, allowances and credits may have led to the accumulation of a number of tax related documents—many of which may no longer need to be kept.
A new year may find a number of individuals with the pressing urge to take stock, clean house and become a bit more organized. With such a desire to declutter, a taxpayer may want to undergo a housecleaning of documents, receipts and papers that he or she may have stored over the years in the event of an IRS audit. Year to year, fears of an audit for claims for tax deductions, allowances and credits may have led to the accumulation of a number of tax related documents—many of which may no longer need to be kept.
However, it is of extreme importance for tax records to support the income, deductions and credits claimed on returns. Therefore, taxpayers must keep such records in the event the IRS inquires about a return or amended return.
Return-related documents
Generally, the IRS recommended that a taxpayer keep copies of tax returns and supporting documents at least three years. However, the IRS noted, there are some documents that should be kept for up to seven years, for those instances where a taxpayer needs to file an amended return or if questions may arise. As a rule of thumb, taxpayers should keep real estate related records for up to seven years following the disposition of property.
Health care related documents
Although health care information statements should be kept with other tax records, taxpayers are to remember that such statements do not need to be sent to the IRS as proof of health coverage. Records that taxpayers are strongly encouraged to keep include records of employer-provided coverage, premiums paid, advance payments of the premium tax credit received and the type of coverage held. As with other tax records, the IRS recommended that taxpayers keep such information for three years from the time of filing the associated tax return.
Last year’s return
Taxpayers are encouraged to keep a copy of last year’s return. The IRS, in efforts to thwart tax related identity theft and refund fraud, continues to make changes to authenticate and protect taxpayer identity in online return-related interactions. Beginning in 2017, some taxpayers who e-file will need to enter either the prior-year adjusted gross income or the prior-year self-select PIN and date of birth—information associated with the prior year’s return—to authenticate their identity.
IRS Chief Counsel recently examined the tax treatment of crowdfunding activities in a new information letter (Information Letter 2016-36). Crowdfunding is a relatively recent phenomenon, used by an individual or entity to raise funds through small individual contributions from a large number of people. The guidance notes that the income tax consequences to a taxpayer of a crowdfunding effort depend on all the facts and circumstances surrounding that effort.
IRS Chief Counsel recently examined the tax treatment of crowdfunding activities in a new information letter (Information Letter 2016-36). Crowdfunding is a relatively recent phenomenon, used by an individual or entity to raise funds through small individual contributions from a large number of people. The guidance notes that the income tax consequences to a taxpayer of a crowdfunding effort depend on all the facts and circumstances surrounding that effort.
In general, Chief Counsel determined, crowdfunding revenues are included in the recipient’s gross income. Code Sec. 61(a) generally provides that gross income includes all income from whatever source derived. However, there are some benefits that a taxpayer receives that are excluded from income because they do not meet the definition of gross income or because a specific exclusion exists.
Chief Counsel observed that money received without an offsetting liability, such as a repayment obligation, that is neither a capital contribution to an entity in exchange for a capital interest in the entity, nor a gift, is included in income. The facts and circumstance surrounding the receipt of crowdfunding revenue must be considered to determine it is income.
Chief Counsel concluded that crowdfunding revenues generally are included in income if they are not (1) loans that must be repaid; (2) capital contributed to an entity in exchange for an equity interest in the entity; or (3) gifts made out of detached generosity and without any “quid pro quo.” Crowdfunding revenues also must generally be included in income to the extent they are received for services rendered or are gains from the sale of property.
Chief Counsel also examined constructive receipt rules in relation to crowdfunding. Income, although not actually reduced to a taxpayer’s possession, is constructively received in the tax year during which it is credited to the taxpayer’s account, set apart for the taxpayer, or otherwise made available. Further, although income is not constructively received if the taxpayer’s control of the income is subject to substantial limitations or restrictions, a self-imposed restriction on the availability of income does not legally defer recognition of that income, Chief Counsel noted.
These are only the specific issues that Chief Counsel addressed in Information Letter 2016-36. As the crowdfunding space develops, more guidance is likely to follow.
Employers and other organizations must obtain an employer identification number (EIN) to identify themselves for tax administration purposes, such as starting a new business, withholding taxes on wages, or creating a trust. Entities apply for an EIN by filing IRS Form SS-4. Page two of the form advises whether an applicant needs an EIN.
Employers and other organizations must obtain an employer identification number (EIN) to identify themselves for tax administration purposes, such as starting a new business, withholding taxes on wages, or creating a trust. Entities apply for an EIN by filing IRS Form SS-4. Page two of the form advises whether an applicant needs an EIN.
Other entities that need an EIN include corporations, partnerships, estates, trusts, state or local governments, and churches and other nonprofit organizations. Unincorporated entities (sole proprietorships) that establish a retirement plan or that file certain tax forms will also need an EIN for filing the relevant forms.
Application process
The IRS does not charge for obtaining an EIN and has sought to simplify the application process. Taxpayers may apply by mail, by fax, or online. International applicants may also apply by phone. In all cases, if the IRS determines that the applicant needs an EIN, the IRS will issue the EIN and transmit it to the taxpayer in the same manner as the application was made.
Applications by mail generally take four weeks, the IRS indicates, once the SS-4 is properly and completely filled out. Entities located in the U.S. or a U.S. territory can apply online. For online applications, the IRS validates the information and issues the EIN immediately. The IRS notes that the principal officer or other relevant party must have a valid taxpayer identification number, such as a Social Security Number, to use the online application process. The IRS will respond to a completed fax application within four business days, if the applicant provides a fax number.
Filing without EIN
The IRS states that it will only issue one EIN per day per responsible party, regardless of the means of applying. If the taxpayer needs to file a return but lacks an EIN because of this limitation, the IRS advises that the taxpayer should attach a completed Form SS-4 to the completed and signed tax return. The IRS will assign an EIN and then process the return.