by Taxing Subjects | Oct 11, 2023 | Tax Tips and News
As electric cars become more common on American roads, fully electric autos (termed “clean vehicles” by the Internal Revenue Service) are now showing up in the used car markets.
Owners of new electric vehicles are already able to claim the Clean Vehicle Credit for 2023, but starting in 2024, a credit will also be offered to qualified buyers of a used clean vehicle.
To keep up with demand, the IRS is proposing new regulations and is updating the language in its guidance for the Clean Vehicle Credit and how the credit can be transferred from the original buyer of the car to an eligible dealer.
The proposed regulations, new guidance and language will apply to electric cars put in service after Dec. 31 of this year.
Legislation Set Electric Wheels in Motion.
The changes in regulations, guidance and other language was put in place by the Inflation Reduction Act, covering new and used electric vehicles.
The new guidance, set forth in Revenue Procedure 2023-33, aims to clarify how taxpayers can transfer clean vehicle credits to an eligible dealer, enabling that dealer to receive advance payments of the credit for an EV, for example, that was taken as a trade-in.
Among other things, the revenue procedure sets out how a dealer would register with the IRS in order to be eligible to receive transfers of the credit from individual taxpayers. Additional details include how and when dealers have to submit seller reports.
The IRS has also updated its list of frequently-asked-questions (FAQs) for the Clean Vehicle Credit, tweaking the topics of:
- Eligibility Rules for the new Clean Vehicle Credit
- Income and Price Limitations for the New Clean Vehicle Credit
- When the New Requirements Apply
- Eligibility Rules for Previously Owned Clean Vehicles
- Claiming the Previously Owned Clean Vehicles Credit
- Qualified Commercial Clean Vehicles Credit
- Transfer of the Clean Vehicles Credit and Previously Owned Clean Vehicles Credi;
- Registering a Dealer for Reporting and Credit Transfers
- Seller Report Information for Buyers of Tax Credits in 2024
More information on the updated FAQs can be found on Fact Sheet 2023-22.
The IRS website, IRS.gov, has details on the proposed regulations and clean vehicle credits, as well as a handy reference chart on the clean vehicle credits.
Source: IRS issues guidance for the transfer of clean vehicle credits and updates frequently asked questions
– Article provided by Taxing Subjects.
by Taxing Subjects | Sep 27, 2023 | Tax Tips and News
Filing deadlines often change for taxpayers in regions that experience natural disasters. When these extreme weather events hit, the IRS frequently provides tax due date extensions. The relaxed due dates are intended to give more time to the individuals and business impacted by the natural disaster to prioritize relief and recovery instead of drawing their focus to a filing deadline. Following are notices for the upcoming tax season. We encourage you to visit the Tax Relief in Disaster Situations page on the IRS website for the very latest updates.
Hurricane Idalia
The IRS has announced tax relief packages for regions in the states of Florida, Georgia, and South Carolina to help those affected concentrate on rebuilding after the storm. Tax payments are now pushed back until February 15th, 2024.
IRS information on Hurricane Idalia
Hurricane Lee
The Federal Emergency Management Agency issued a disaster declaration for all counties in Massachusetts and Maine. These states are eligible for tax relief and their tax dates are now rescheduled to February 15th.
More IRS Information on Hurricane Lee
The Hawaii Wildfires
Parts of Hawaii have been granted an individual and business return filing extension until February 15th, 2024 to help the victims focus on disaster recovery.
IRS information on Hawaiian Wildfires
– Article provided by Taxing Subjects.
by Taxing Subjects | Sep 23, 2023 | Tax Tips and News
As of last week, the Internal Revenue Service (IRS) has taken decisive action to address concerns regarding the improper filing of Employee Retention Credit (ERC) claims, announcing a moratorium on new claims through at least the end of the year. This decision is aimed at protecting unsuspecting tax businesses from falling prey to scams that are orchestrated by aggressive promoters of the credit; these egregious marketers have been targeting ineligible applicants, who risk paying the credit back on top of interest and penalties.
What is the ERC?
The ERC is a legitimate pandemic-era tax credit designed to support businesses that continued to pay employees during the COVID-19 pandemic while facing operational suspensions or significant declines in gross receipts. The program is not available to individuals.
To be eligible for the ERC, employers must meet extremely specific requirements, including sustaining a suspension of operations due to government orders, experiencing significant declines in gross receipts, or qualifying as a recovery start-up business during specified periods.
The Employee Retention Credit is notoriously complex, and its esoteric qualifications affect multiple government agencies; with this high level of intricacy, and now the potential risk of being scammed, many legitimate businesses are now hesitant to claim the credit, or potentially even try.
How are businesses being scammed?
The moratorium, ordered by IRS Commissioner Danny Werfel, comes in response to increasing evidence of ineligible and potentially fraudulent claims entering the system. The IRS had previously intensified its focus on reviewing ERC claims for compliance concerns, including escalating audit efforts and criminal investigations into promoters that filed suspicious claims.
However, as of July 31, 2023, the IRS-CI initiated 252 investigations involving over $2.8 billion of potentially fraudulent ERC claims, resulting in federal charges for fifteen of these cases. Six matters have led to convictions, with an average sentence of 21 months. These efforts are part of the IRS’s broader strategy to address COVID-related fraud, totaling over $8 billion in suspected pandemic fraud.
To avoid fraudulent efforts in relation to the ERC, businesses should remain cautious about aggressive marketing tactics that promote risk-free ERC submissions. The IRS has identified several warning signs, such as unsolicited calls or advertisements offering an “easy application process” and promoters claiming they can quickly determine eligibility. Furthermore, large fees up-front and fees based on a percentage of the ERC refund are also red flags.
For businesses, there are significant risks associated with improper claims, including the potential repayment of credits along with penalties and interest. To protect against questionable claims and potential scams, businesses should collaborate with trusted tax professionals who understand the complex rules associated with the ERC. Additionally, the IRS has released tools to help determine ERC eligibility, including an FAQ page and a question-and-answer guide. If a business suspects a scamming attempt, Form 14242 can be used to report suspicious or abusive tax promotions.
What should businesses know about the moratorium?
For those who have already filed to claim the credit, payouts for legitimate ERC claims will continue during the moratorium period at a slower pace. The processing time for existing ERC claims will extend from the standard 90 days to 180 days or more, depending on the level of compliance review required. The IRS may also request additional documentation from taxpayers to verify the legitimacy of their claims.
Our Chief Revenue Officer at Drake, John Sapp, CPA, puts it this way: “IRS is slowing down the ERC payment process to circumvent fraud. Similar to when police setup a random ‘license checkpoint’ – it slows down traffic but may keep unlawful drivers from getting on the road.”
Additionally, the IRS is developing new initiatives to assist businesses victimized by these aggressive scammers, including a settlement program for reimbursement of improper ERC payments. Likewise, a specialized option to withdraw claims will be made available for those who have filed unprocessed ERC claims. Ideally, this functionality will help businesses avoid repayment issues and the payment of contingency fees to promoters. However, it’s important to note that individuals who have filed fraudulent claims may still face criminal investigation and prosecution if they choose to withdraw.
In its broader compliance efforts, the IRS is collaborating with the Department of Justice to combat ERC fraud and take action against marketers disregarding the program’s rules. Auditors with specialized training are examining ERC claims with the highest risk of noncompliance, while the IRS Criminal Investigation division actively identifies promoters of fraudulent claims for potential referral to the Department of Justice.
Overall, the IRS has recently taken measures to address concerns regarding improper ERC claims and protect businesses from fraudulent schemes. The IRS efforts through the moratorium on new claims, enhanced compliance reviews, and collaboration with the Department of Justice seek to uphold the ERC program and prevent abuse, ideally empowering eligible and legitimate businesses to claim the credit without fear of being exploited or reaping financial repercussions. As a tax professional, you can advise and guide your clients to exercise caution when dealing with belligerent promoters and take necessary next steps if they are implicated in fraudulent activity.
Sources:
Red flags for Employee Retention Credit claims; IRS reminds businesses to watch out for warning signs of aggressive promotion that can mislead people into making improper ERC claims
Employee Retention Credit Eligibility Checklist: Help understanding this complex credit
– Article provided by Taxing Subjects.
by Taxing Subjects | Sep 23, 2023 | Tax Tips and News
As of last week, the Internal Revenue Service (IRS) has taken decisive action to address concerns regarding the improper filing of Employee Retention Credit (ERC) claims, announcing a moratorium on new claims through at least the end of the year. This decision is aimed at protecting unsuspecting tax businesses from falling prey to scams that are orchestrated by aggressive promoters of the credit; these egregious marketers have been targeting ineligible applicants, who risk paying the credit back on top of interest and penalties.
What is the ERC?
The ERC is a legitimate pandemic-era tax credit designed to support businesses that continued to pay employees during the COVID-19 pandemic while facing operational suspensions or significant declines in gross receipts. The program is not available to individuals.
To be eligible for the ERC, employers must meet extremely specific requirements, including sustaining a suspension of operations due to government orders, experiencing significant declines in gross receipts, or qualifying as a recovery start-up business during specified periods.
The Employee Retention Credit is notoriously complex, and its esoteric qualifications affect multiple government agencies; with this high level of intricacy, and now the potential risk of being scammed, many legitimate businesses are now hesitant to claim the credit, or potentially even try.
How are businesses being scammed?
The moratorium, ordered by IRS Commissioner Danny Werfel, comes in response to increasing evidence of ineligible and potentially fraudulent claims entering the system. The IRS had previously intensified its focus on reviewing ERC claims for compliance concerns, including escalating audit efforts and criminal investigations into promoters that filed suspicious claims.
However, as of July 31, 2023, the IRS-CI initiated 252 investigations involving over $2.8 billion of potentially fraudulent ERC claims, resulting in federal charges for fifteen of these cases. Six matters have led to convictions, with an average sentence of 21 months. These efforts are part of the IRS’s broader strategy to address COVID-related fraud, totaling over $8 billion in suspected pandemic fraud.
To avoid fraudulent efforts in relation to the ERC, businesses should remain cautious about aggressive marketing tactics that promote risk-free ERC submissions. The IRS has identified several warning signs, such as unsolicited calls or advertisements offering an “easy application process” and promoters claiming they can quickly determine eligibility. Furthermore, large fees up-front and fees based on a percentage of the ERC refund are also red flags.
For businesses, there are significant risks associated with improper claims, including the potential repayment of credits along with penalties and interest. To protect against questionable claims and potential scams, businesses should collaborate with trusted tax professionals who understand the complex rules associated with the ERC. Additionally, the IRS has released tools to help determine ERC eligibility, including an FAQ page and a question-and-answer guide. If a business suspects a scamming attempt, Form 14242 can be used to report suspicious or abusive tax promotions.
What should businesses know about the moratorium?
For those who have already filed to claim the credit, payouts for legitimate ERC claims will continue during the moratorium period at a slower pace. The processing time for existing ERC claims will extend from the standard 90 days to 180 days or more, depending on the level of compliance review required. The IRS may also request additional documentation from taxpayers to verify the legitimacy of their claims.
Our Chief Revenue Officer at Drake, John Sapp, CPA, puts it this way: “IRS is slowing down the ERC payment process to circumvent fraud. Similar to when police setup a random ‘license checkpoint’ – it slows down traffic but may keep unlawful drivers from getting on the road.”
Additionally, the IRS is developing new initiatives to assist businesses victimized by these aggressive scammers, including a settlement program for reimbursement of improper ERC payments. Likewise, a specialized option to withdraw claims will be made available for those who have filed unprocessed ERC claims. Ideally, this functionality will help businesses avoid repayment issues and the payment of contingency fees to promoters. However, it’s important to note that individuals who have filed fraudulent claims may still face criminal investigation and prosecution if they choose to withdraw.
In its broader compliance efforts, the IRS is collaborating with the Department of Justice to combat ERC fraud and take action against marketers disregarding the program’s rules. Auditors with specialized training are examining ERC claims with the highest risk of noncompliance, while the IRS Criminal Investigation division actively identifies promoters of fraudulent claims for potential referral to the Department of Justice.
Overall, the IRS has recently taken measures to address concerns regarding improper ERC claims and protect businesses from fraudulent schemes. The IRS efforts through the moratorium on new claims, enhanced compliance reviews, and collaboration with the Department of Justice seek to uphold the ERC program and prevent abuse, ideally empowering eligible and legitimate businesses to claim the credit without fear of being exploited or reaping financial repercussions. As a tax professional, you can advise and guide your clients to exercise caution when dealing with belligerent promoters and take necessary next steps if they are implicated in fraudulent activity.
Sources:
Red flags for Employee Retention Credit claims; IRS reminds businesses to watch out for warning signs of aggressive promotion that can mislead people into making improper ERC claims
Employee Retention Credit Eligibility Checklist: Help understanding this complex credit
– Article provided by Taxing Subjects.
by Taxing Subjects | Sep 16, 2023 | Tax Tips and News
The Internal Revenue Service says it’s about to move its main audit spotlight from the everyday working-class individual taxpayer to those engaged in high-income activities. Now on the audit radar: high-income earners, partnerships and large corporations, and promoters pushing schemes that abuse the tax laws.
This turn of focus comes after a comprehensive review of IRS enforcement efforts funded by the Inflation Reduction Act. All changes are meant, the IRS says, to help restore fairness in the American income tax system.
So Why Do This Now?
The audit rates for the wealthy, partnerships and other high earners have dropped sharply over the last 10 years. New technology, such as Artificial Intelligence, can now be used to crack complex financial arrangements in record time — an effort that used to take human enforcement agents months.
The upgrade in technology will help the IRS spot emerging compliance threats and schemes early on, while also improving decision-making for audit selection of taxpayers so that “no change” filers are not unduly burdened.
Called the High Wealth, High Balance Due Taxpayer Field Initiative, the new IRS effort focuses on taxpayers with total positive incomes above $1 million and more than $250,000 in tax debt.
The agency has had some measure of success recently with high-income tax cases, collecting some $38 million from more than 175 high-income earners. The IRS says that effort will be expanded with the new initiative, contacting about 1,600 taxpayers and hopefully collecting hundreds of millions of dollars in taxes owed.
Turning Scrutiny Toward Large Partnerships.
As of 2021, the IRS already had a Large Partnership Compliance (LPC) program, but the IRS intends to expand it, increasing the number of partnerships examined to take in some of the biggest and most complex partnership returns the agency receives. This, the agency says, is where AI can help, speeding up the screening process of complex returns and flagging those returns that need closer examination.
This part of the upgrade plan could become reality very soon, with examinations planned for 75 of the largest partnerships in the country. These companies have an average of $10 billion in assets each, and include hedge funds, real estate investment partnerships, publicly traded partnerships, large law firms, and others.
Other Work slated for 2024 includes:
- Expanded scrutiny of digital assets. A review of the IRS Virtual Currency Compliance Campaign showed as many as 75% of taxpayers with digital assets could be non-compliant on their income tax returns, according to records from digital currency exchanges.
- Examination of high-income taxpayers for FBAR violations. A Report of Foreign Bank and Financial Accounts (FBAR) is required when a U.S. citizen has an interest in a foreign financial account holding more than $10,000 in value. The IRS took a look at filing patterns and found hundreds of possible FBAR non-filers with average account balances of over $1.4 million.
- Investigating shell companies posing as labor brokers. Tax investigators say they’ve found instances where construction contractors are making 1099-MISC or 1099-NEC payments to what appears to be a subcontractor – but it’s a “shell” company with no employees, no equipment, and no business links to the contractor. The money paid, ostensibly for labor services, instead flows back to the contractor’s pocket.
As part of the overall effort, the IRS is also working to help individual filers who are not considered “high-income.” The audit rates for taxpayers making less than $400,000 a year are being held steady. Fairness safeguards are also being added for individual taxpayers claiming the Earned Income Tax Credit, or EITC.
Taxpayers claiming the EITC were historically audited more often than those at the upper end of the income scale. In fact, audit rates for high-income-level filers, corporations and partnerships dropped sharply in recent years while the much-less well-off taxpayers saw higher audit rates.
Source: IRS announces sweeping effort to restore fairness to tax system with Inflation Reduction Act funding; new compliance efforts focused on increasing scrutiny on high-income, partnerships, corporations and promoters abusing tax rules on the books
– Article provided by Taxing Subjects.
Arnold & Company, LLC