Monday, February 22, 2016

Trustee Liable for Trust's Taxes After Rendering it Insolvent

In United States v. Read, 2016 WL 310721 (D. Conn. Jan. 26, 2016) (slip copy), a U.S. district court held that a trustee was personally liable for unpaid income taxes owed by the trust, under 31 USC 3713.

The statute provides as follows:

  1. A claim of the United States Government shall be paid first when…
     
    (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor.
     
    (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.
    Here, the trustee distributed assets of the trust while the trust was insolvent and he knew or had "notice of facts that would lead a reasonably prudent person to inquire as to the existence of the debt" owed to the United States, and so is liable to the IRS for the unpaid taxes.

Thursday, February 4, 2016

The Right of Taxpayers to be Informed


Recently the IRS published FS-2016-7

In 2014, the Internal Revenue Service adopted a Taxpayer Bill of Rights (TBOR) that has become a cornerstone document to provide the nation's taxpayers a better understanding of their fundamental rights when dealing with the agency.

Not only has the IRS highlighted these 10 rights for taxpayers, they have also been shared extensively on a continuing basis with IRS employees since then. The TBOR adopted by the IRS in 2014 includes the same 10 fundamental rights that were placed by Congress in the Internal Revenue Code (IRC) in late 2015. IRC section 7803(a)(3) now requires the IRS Commissioner to ensure that IRS employees are familiar with and act in accordance with the 10 fundamental rights that make up the TBOR.

The TBOR takes the multiple existing rights embedded in the tax code and groups them into 10 categories, making them easier to find, understand and use. A list of your rights as a taxpayer and IRS obligations to protect them can be found in IRS Publication 1, Your Rights as a Taxpayer.

It includes -The Right to Be Informed.

Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes.

What you can expect:

  • Certain notices must include the amount (if any) of the tax, interest, and certain penalties you owe and must explain why you owe these amounts.
  • When the IRS fully or partially disallows your claim for refund, it must explain the specific reasons why.
  • Help with Understanding Your IRS Notice or Letter is available online at IRS.gov.
  • If the IRS proposes to assess tax against you, it must provide you in its initial letter, which allows for review by an independent Office of Appeals, an explanation of the entire process from examination (audit) through collection, and explain that the Taxpayer Advocate Service may be able to assist you.
  • If you enter into a payment plan, known as an installment agreement, the IRS must send you an annual statement that provides how much you owe at the beginning of the year, how much you paid during the year, and how much you still owe at the end of the year.
  • You can access current and prior year IRS forms and publications at IRS.gov or have hard copies mailed by calling toll-free 800-829-3676.

In addition to the Taxpayers Bill of Rights, the IRS is committed to ensuring that your civil rights are also protected. Taxpayers are not subjected to discrimination based on race, color, national origin, reprisal, disability, age, sex (including sexual orientation and pregnancy discrimination), religion, or parental status in programs or services conducted by the IRS or on its behalf. If a taxpayer believes he or she has been discriminated against, a written complaint can be emailed to edi.civil.rights.division@irs.gov or mailed to the IRS Civil Rights Division.

The ten taxpayer rights are as follows:

1. The right to be informed

2. The right to quality service

3. The right to pay no more than the correct amount of tax

4. The right to challenge the IRS's position and be heard

5. The right to appeal an IRS decision in an independent form

6. The right to finality

7. The right to privacy

8. The right to confidentiality

9. The right to retain representation

10. The right to a fair and just tax system.

 

 

 

Wednesday, February 3, 2016

NEW FORM 8971- INFORMATION REGARDING BENEFICIARIES ACQUIRING PROPERTY FROM A DECENDENT.

Section 1014(f) provides rules requiring that the basis of certain property acquired from a decedent, as determined under section 1014, may not exceed the value of that property as finally determined for federal estate tax purposes, or if not finally determined, the value of that property as reported on a statement made under section 6035.

Section 6035 imposes new reporting requirements with regard to the value of property included in a decedent's gross estate for federal estate tax purposes.

Section 6035(a)(1) provides that the executor of any estate required to file a return under section 6018(a) must furnish, both to the Secretary and the person acquiring any interest in property included in the decedent's gross estate for federal estate tax purposes, a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe.
Section 6035(a)(2) provides that each person required to file a return under section 6018(b) must furnish, both to the Secretary and each other person who holds a legal or beneficial interest in the property to which such return relates, a statement identifying the information described in section 6035(a)(1).

Section 6035(a)(3)(A) provides that each statement required to be furnished under section 6035(a)(1) or (a)(2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of (i) the date which is 30 days after the date on which the return under ection 6018 was required to be filed (including extensions, if any) or (ii) the date which is 30 days after the date such return is filed.

Section 6035(b) authorizes the Secretary to prescribe such regulations as necessary to carry out section 6035. Section 7805(a) provides generally that the Secretary shall prescribe all needful rules and regulations for the enforcement of this title, including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue. Section 7805(b)(2) provides that regulations may apply retroactively if they are issued within 18 months of the date of the enactment of the statutory provision to which they relate.

Section 6081(a) provides that the Secretary may grant a reasonable extension of time for filing any return, declaration, statement, or other document required by this title or by regulations. Except in the case of taxpayers who are abroad, no such extension shall be for more than 6 months.
Permalink to here
For statements required under sections 6035(a)(1) and (a)(2) to be filed with the IRS or furnished to a beneficiary before February 29, 2016, the due date under section 6035(a)(3) is delayed to February 29, 2016

 

Wednesday, November 11, 2015

New Jersey's tax Burden

New Jersey Debt

new jersey debtThe state of New Jersey now has the highest debt burden per taxpayer in the U.S., according to Truth in Accounting research cited by a NJ 101.5 report. The data collected in the report showed that New Jersey also has the highest property taxes in the nation on average. All told, the report stated that New Jersey has $28.6 billion in assets, with more than $185 billion in liabilities. In turn, according to a MyCentralJersey.com report, the state expects to have its local property taxes increase to $540 million by the end of the year, which will break down to approximately $52,300 per taxpayer.
 
The New Jersey debt burden per individual increased from $36,000 in 2014. Bramnick stated that part of the reason for this increase was due to the staggering liability as a result of the state's unfunded public employee pensions. Bramnick commented that of the $186 billion the state owes, $140 billion is for retirement benefits plans.
Without sufficient assets to cover the mounting debt, New Jersey is facing stiffer tax burdens in the near future, particularly for the high net worth community.
 
 
 

Friday, October 23, 2015

What Taxpayers Need to Know About the FBAR Deadline Change

What Taxpayers Need to Know About the FBAR Deadline Change

FBARAs part of the new highway appropriations bill, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, the deadline for filing Reports of Foreign Bank and Financial Accounts, or FBAR, has been changed to April 15. The new deadline was moved up from June 30 to align with the filing date for individual tax returns, and carries stiff penalties for taxpayers.
 
 

Thursday, October 22, 2015

The Social Security Administration Has Announced The Wage Base for Computing the Social Security Tax

The Social Security Administration has announced that the wage base for computing the Social Security tax (OASDI) in 2016...it will remain at $118,500.

The Federal Insurance Contributions Act (FICA) imposes two taxes on employers, employees, and self-employed workers—one for Old Age, Survivors and Disability Insurance (OASDI; commonly known as the Social Security tax), and the other for Hospital Insurance (HI; commonly known as the Medicare tax).

For 2016, the FICA tax rate for employers is 7.65%—6.2% for OASDI and 1.45% for HI. For 2016, an employee will pay:

  • (a)  6.2% Social Security tax on the first $118,500 of wages (maximum tax is $7,347.00 [6.2% of $118,500]), plus
  • (b)  1.45% Medicare tax on the first $200,000 of wages ($250,000 for joint returns; $125,000 for married taxpayers filing a separate return), plus
  • (c)  2.35% Medicare tax (regular 1.45% Medicare tax + 0.9% additional Medicare tax) on all wages in excess of $200,000 ($250,000 for joint returns; $125,000 for married taxpayers filing a separate return

For 2016, the self-employment tax imposed on self-employed people is:

  • 12.4% OASDI on the first $118,500 of self-employment income, for a maximum tax of $14,694.00 (12.40% of $118,500); plus
  • 2.90% Medicare tax on the first $200,000 of self-employment income ($250,000 of combined self-employment income on a joint return, $125,000 on a separate return),plus
  • 3.8% (2.90% regular Medicare tax + 0.9% additional Medicare tax) on all self-employment income in excess of $200,000 ($250,000 of combined self-employment income on a joint return, $125,000 for married taxpayers filing a separate return).

There is a maximum amount of compensation subject to the OASDI tax, but no maximum for HI.

Sunday, October 18, 2015

SHOULD YOU OBTAIN AN IP PIN?


Unfortunately today Identity theft is a common occurrence.

In order to combat identity theft of a person’ s tax refunds, the IRS began issuing IP PINs to eligible taxpayers in Fiscal Year 2011. An IP PIN is a 6-digit number assigned to eligible taxpayers that allows their tax returns/refunds to be processed without delay and helps prevent the misuse of their SSNs on fraudulent Federal income tax returns. For Processing Year 2014, IRS issued over 1.2 million IP PIN notices to taxpayers for use in filing their tax returns.

To get an IP PIN the personal information the taxpayer entered must match the information provided us on the most recent tax return. The IRS uses the following information to verify your identity:

·        Name

·        Social Security Number or Individual Tax ID Number (ITIN)

·        Date of Birth

·        Filing Status

·        Mailing Address

·        Third Party Verification Questions - you must provide answers to questions about personal information such as prior address, mortgage information, etc., that only you should know.

You must also provide the IRS with a valid email address, which we will be confirmed and use to notify the taxpayer if his registration information changes.

Once a taxpayer gets an IP PIN, he must use the IP PIN to confirm his identity on his current federal tax return and any delinquent returns filed during the calendar year. IRS sends a new IP PIN each December by postal mail.

On its website, IRS has discussed various IP PIN issues, including:

Fpor example...Who can get an IP PIN?

A taxpayer can receive an IP PIN if he meets one of the following criteria:

  • He received an  IP PIN last year;
  • He received a CP01A (which provides an IP PIN) or CP01F (which invites the taxpayer to obtain an IP PIN) notice; or
  • He filed his last tax return as a resident of FL, GA, or DC. (FAQ 3)

What happens when a taxpayer receives an IP PIN but doesn't use it on his return?

The answer depends on whether the taxpayer files electronically or on a paper return.

For an electronic return: if IRS sent an IP PIN through Get an IP PIN, but the taxpayer did not use it or he entered it incorrectly, his return will be rejected and he won't be able to e-File his return.

For a paper return: failure to input the IP PIN for the primary taxpayer (when required) on a paper return will mean his return will take longer to process while IRS validates the information.

Must a taxpayer include his dependent's IP PIN on his tax return?

Not at the current time. He will not need to enter an IP PIN for a dependent in order to file his return. However, if the dependent's SSN has been used to file another tax return, the dependent should report the incident to IRS, an identity theft indicator will be placed on the dependent's account, and the dependent may receive an IP PIN prior to the tax season. While this IP PIN doesn't have to be entered to claim the person as a dependent, the IP PIN will prevent anyone else from filing a tax return using the dependent's information as the primary or secondary taxpayer.

Starting Jan. 1, 2016, there will be new rules for the dependent IP PIN. IRS will require the use of IP PINs for all SSNs with an IP PIN requirement, regardless of whether the SSN is entered for a primary, spouse, or dependent/qualifying individual. This requirement applies to the Form 1040 series of returns, Form 2441 (Child and Dependent Care Expenses) and Schedule EIC (Earned Income Credit). Failure to include the IP PIN in any of the required fields will result in the return being rejected. (IP PIN Program Update: Numbers Must be Entered for All IP PIN Holders)