Archive for the ‘Taxation’ Category

IRS Debunks Frivolous Tax Arguments

Monday, February 8th, 2010

IRS Debunks Frivolous Tax Arguments
Source: Internal Revenue Service

The Internal Revenue Service today released the 2010 version of its discussion and rebuttal of many of the more common frivolous arguments made by individuals and groups that oppose compliance with federal tax laws.

Anyone who contemplates arguing on legal grounds against paying their fair share of taxes should first read the 80-page document, The Truth about Frivolous Tax Arguments.

The document explains many of the common frivolous arguments made in recent years and it describes the legal responses that refute these claims. It will help taxpayers avoid wasting their time and money with frivolous arguments and incurring penalties.

Congress in 2006 increased the amount of the penalty for frivolous tax returns from $500 to $5,000. The increased penalty amount applies when a person submits a tax return or other specified submission, and any portion of the submission is based on a position the IRS identifies as frivolous.

IRS highlighted in the document about 40 new cases adjudicated in 2009. Highlights include cases involving injunctions against preparers and promoters of Form 1099-Original Issue Discount schemes and injunctions against preparers and promoters of false fuel tax credit schemes.

+ Full Document (PDF; 444 KB)

Tax Foundation Submits Statement Supporting Business Tax Simplification

Sunday, February 7th, 2010

Tax Foundation Submits Statement Supporting Business Tax Simplification
Source: Tax Foundation

The Business Activity Tax Simplification Act would establish a clear physical presence standard to apply to online retail transactions and prevent burdening interstate commerce, according to written testimony submitted today by Tax Foundation Tax Counsel Joseph Henchman to the House Judiciary Commercial and Administrative Law Subcommittee.

Changing nexus rules is just one way states have attempted to shift the tax burden to non-residents — something they’ve been doing for a long time, according to Henchman. With the growing popularity of online retail sales, questions arise about where the transaction takes place and the proper way to tax it. A physical presence rule provides an easy and logical answer to where the transaction is located, identical to the answer given for brick-and-mortar businesses.

Taxation based on economic nexus standards threatens interstate commerce, harms long-term economic growth and undermines the principles of sound tax policy: simplicity, neutrality, transparency, and stability, Henchman notes.

Congressional action to adopt a physical presence standard may be the best vehicle for preventing burdens to interstate commerce, because it can be more comprehensive and accountable than judicial action and can also better address issues of transition, retroactivity, and de minimis exemptions (which would allow a business to conduct limited business activity without establishing nexus and being subject to a tax), according to the statement.

+ Full Document

Information on Reducing Payroll Taxes to Encourage Employment

Friday, February 5th, 2010

Information on Reducing Payroll Taxes to Encourage Employment (PDF; 518 KB)
Source: Congressional Budget Office
From CBO Director’s blog:

Today CBO released a letter to Senator Robert Casey, Jr., in response to questions he asked about policies that could be adopted to increase employment. Specifically, Senator Casey was interested in a policy option to reduce employers’ payroll taxes for firms that increase their payroll, and how different design elements of this type of policy might affect its impact on employment.

In CBO’s January 2010 publication, Policies for Increasing Economic Growth and Employment in 2010 and 2011, the agency analyzed the effects on employment of several policy options, including giving employers a one-year, nonrefundable credit against their payroll tax liability for increasing their payrolls in 2010 from their 2009 levels. (To finance Social Security, employers and employees each pay 6.2 percent of an employee’s annual earnings up to a maximum.) Such a tax cut would lead to increased employment through a number of channels. For example, some firms would hire more people because hiring would be less expensive; others would lower prices to increase sales, thus spurring production and increasing the demand for labor; still others would increase compensation for employees, which would encourage more spending.

Discriminatory Taxes on Online Travel Services Impede Interstate Commerce

Friday, February 5th, 2010

Discriminatory Taxes on Online Travel Services Impede Interstate Commerce
Source: Tax Foundation

Local governments’ efforts to collect discriminatory taxes from online travel services amount to a revenue grab from out-of-staters and ultimately harm interstate commerce, according to a new Tax Foundation report.

City officials in 22 states have, with limited success, sought to reinterpret hotel occupancy taxes to apply to amounts paid by consumers for online travel booking services (such as Expedia, Orbitz and Priceline).

“Hotel taxes are attractive to local politicians because they are a way to shift the tax burden to ‘outsiders,’” said Joseph Henchman, the Tax Foundation’s Tax Counsel and Director of State Projects, who authored the report. “But because every U.S. city has a hotel tax, we’re all somebody else’s ‘outsider.’ And that means everyone is paying high hotel taxes everywhere.”

+ Full Document

General Explanations of the Administration’s Fiscal Year 2011 Revenue Proposals (”The Green Book”)

Wednesday, February 3rd, 2010

General Explanations of the Administration’s Fiscal Year 2011 Revenue Proposals (PDF; 673 KB)
Source: U.S. Department of the Treasury (Office of Tax Policy)
Includes details of the administration’s taxation policies.

Raising Estate Tax Will Substantially Affect Middle Class Families

Monday, February 1st, 2010

Raising Estate Tax Will Substantially Affect Middle Class Families
Source: National Center for Policy Analysis

If Congress does not act soon to repeal the estate tax it will impose an enormous tax rate that will even affect middle-class families and cause substantial economic damage, according to a new analysis by the National Center for Policy Analysis. The tax is scheduled to disappear this year but return at a much higher rate in 2011,

In 2009 the estate tax rate was 45 percent for estates valued at $3.5 million down from 55 percent in previous years, due to the 2001 Bush tax cuts. However, in 2011 the estate tax will go back up to 55 percent for estates valued at $1 million.

There are several layers of the estate tax that will affect millions of Americans if not completely repealed this year, including a generation-skipping tax and taxes on savings and labor, according to the NCPA analysis.

A generation-skipping tax (GST) is enforced if a bequest goes to a grandchild or other relative more than one generation removed from the decedent. The GST rate is equivalent to imposing a 45 percent estate tax rate, then imposing another 45 percent rate on the remaining 55 percent of the estate if it goes from the surviving child to the grandchild.

Then there is a tax on savings and labor. In 2009, a worker in the 33 percent tax bracket faced tax rates of over 72 percent – nearly 85 percent with GST. However, in 2011 these rates are scheduled to rebound to pre-2001 levels, in which their federal income tax rate would have been 36 percent. The combined federal and state income, payroll, and eventual estate tax rates could have easily exceeded 78 percent – or 90 percent with the GST.

+ Full Document

Haiti Relief Donations Qualify for Immediate Tax Relief

Wednesday, January 27th, 2010

Haiti Relief Donations Qualify for Immediate Tax Relief
Source: Internal Revenue Service

People who give to charities providing earthquake relief in Haiti can claim these donations on the tax return they are completing this season, according to the Internal Revenue Service.

Taxpayers who itemize deductions on their 2009 return qualify for this special tax relief provision, enacted Jan. 22. Only cash contributions made to these charities after Jan. 11, 2010, and before March 1, 2010, are eligible. This includes contributions made by text message, check, credit card or debit card.

“Americans have opened their hearts to help those affected by the Haiti earthquake,” said IRS Commissioner Doug Shulman.” This new law provides an immediate tax benefit for the many taxpayers who have made generous donations.”

Taxpayers can benefit from their donations, almost immediately, by filing their 2009 returns early, filing electronically and choosing direct deposit. Refunds take as few as ten days and can be directly deposited into a savings, checking or brokerage account, or used to purchase Series I U.S. savings bonds.

The new law only applies to cash (as opposed to property) contributions. The contributions must be made specifically for the relief of victims in areas affected by the Jan. 12 earthquake in Haiti. Taxpayers have the option of deducting these contributions on either their 2009 or 2010 returns, but not both.

To get a tax benefit, taxpayers must itemize their deductions on Schedule A (PDF). Those who claim the standard deduction (PDF), including all short-form filers, are not eligible.

The Status Report: Assessing the Obama Administration’s First Year

Monday, January 25th, 2010

The Status Report: Assessing the Obama Administration’s First Year
Source: The Brookings Institution

During the presidential transition, Brookings scholars wrote a series of policy recommendations in 12 memos to incoming President Barack Obama. In January 2010, one year into the new presidency, our experts rated the progress of the new administration on those same issues in The Status Report, a series of daily commentary and video.

Each of the items below provides an assessment of President Obama’s performance in light of recommendations made during the Presidential Transition.

+ The Status Report: Assessing Obama’s Leadership
+ The Status Report: Obama and Energy Security
+ The Status Report: Obama’s Commitment to Creating Opportunity
+ The Status Report: Obama and the Tax System
+ The Status Report: Obama’s Commitment to Global Development
+ The Status Report: Obama’s Effort to Restore Economic Confidence
+ The Status Report: Obama’s Challenges in Afghanistan and Pakistan
+ The Status Report: Obama’s Challenges in the Middle East
+ The Status Report: Obama and Global Financial Stability
+ The Status Report: Obama’s Plans to Rebuild American Prosperity
+ The Status Report: Obama’s Leadership Abroad
+ The Status Report: Obama and Health Care Reform

Beginning of the End? Major Changes to Quick Tax Refund Loans Industry

Thursday, January 21st, 2010

Beginning of the End? Major Changes to Quick Tax Refund Loans Industry (PDF; 80 KB)
Source: Consumer Federation of America

New figures show that some of America’s most financially vulnerable taxpayers – those from low- and moderate-income families – lost about $800 million from their refunds in the latest year recorded to quickie tax refund loans, an often unnecessary and risky product.

As tax season gets started, consumer advocates at the National Consumer Law Center (NCLC) and Consumer Federation of America (CFA) are warning taxpayers to stay away from refund anticipation loans (RALs), one of the most avoidable tax-time expenses. New figures reveal that RALs drained the refunds of about 8.4 million American taxpayers in 2008, costing them in the neighborhood of $738 million in loan fees, plus over $68 million in other fees. In addition, another 12 million taxpayers spent $360 million on related financial products to receive their refunds.

Taxpayers benefit if governments emphasize shareholder role in managing equity stakes in financial institutions

Tuesday, January 19th, 2010

Taxpayers benefit if governments emphasize shareholder role in managing equity stakes in financial institutions
Source: World Economic Forum

Taxpayers will benefit most if governments put shareholder responsibility ahead of political considerations when it comes to managing their equity stakes in financial institutions. With over US$ 700 billion of taxpayers’ money invested, the wrong choices – in policy objectives, management strategy, or emphasis in execution – could cost taxpayers billions of dollars and have long-term implications for the stability of the global financial architecture.

The challenges facing governments managing and resolving these newly acquired equity interests in financial institutions are explored in a new working paper from the World Economic Forum in collaboration with Oliver Wyman entitled Governments as shareholders: navigating the challenges of newly held interests in financial institutions. Over 150 leaders in public policy, academia, and business collaborated as part of a year-long study.

Their discussions raised six key suggestions for governments:
1. Address equity stakes separately from other types of crisis intervention
2. Aim for a rapid exit whilst protecting investment value
3. Establish an independent process to manage ownership stakes
4. Restrict government influence on owned institutions to board-level issues
5. Be realistic about securing and incentivizing the best available talent
6. Raise transparency beyond public disclosure of financial performance

+ Working Paper

The Individual Alternative Minimum Tax

Monday, January 18th, 2010

The Individual Alternative Minimum Tax (PDF; 605 KB)
Source: Congressional Budget Office
From CBO Director’s Blog:

The number of people who will be subject to the alternative minimum tax (AMT) will increase dramatically in 2010 under current law. About 4.5 million taxpayers were affected by the AMT in 2009. That number has been kept relatively small by annual modifications to the AMT rules, but the most recent modifications expired at the end of calendar year 2009. Consequently, about 27 million taxpayers (see figure below)—one out of every six taxpayers—will be affected by the AMT in 2010, paying on average an additional $3,900 in tax. Nearly every married taxpayer with income between $100,000 and $500,000 will owe some alternative tax.

IRS e-file: It’s Safe; It’s Easy; It’s Time

Sunday, January 17th, 2010

IRS e-file: It’s Safe; It’s Easy; It’s Time
Source: Internal Revenue Service

IRS e-file, the popular electronic tax return delivery service used by two-thirds of the nation’s taxpayers, opens for business January 15 and marks 20 years of safely and securely transmitting nearly 800 million individual federal tax returns.

The Internal Revenue Service debuted e-file nationally in 1990, delivering 4.2 million tax returns. Last year, IRS e-file delivered 95 million tax returns, 66 percent of all returns filed.

Last year, more than 49 million taxpayers missed out on the e-file benefits. The IRS urges taxpayers, especially those people already using tax software, to take the next step and e-file their return or ask their preparer to e-file their return. The IRS urges tax preparers who electronically file some of their clients’ tax returns to consider filing all tax returns through e-file.

The IRS is working on faster acknowledgements of accepted or rejected returns. Last year, taxpayers received an acknowledgement within 48 hours that the IRS had accepted or rejected their return. Paper filers do not receive any acknowledgement. Also, if the IRS rejects an e-filed return, it will provide more specific explanations of the errors that caused the rejection. This will enable taxpayers to make corrections and quickly resubmit their returns.

IRS e-file offers the fastest, safest way for people to receive their tax refunds. By using e-file and direct deposit, taxpayers can get their refunds in as few as 10 days. Taxpayers even can opt to have their refund deposited into two or three financial accounts or purchase a U.S. Savings Bond.

+ Why File Your Taxes Electronically?

See also: Free File Now Available to Almost All Taxpayers; Software Can Help Find New Economic Recovery Tax Breaks that Could Be Overlooked

See also: New Homebuyer Credit Form Released; Taxpayers Reminded to Attach Settlement Statement and Other Key Documents

Financial Services Industry: 2009 Accounting, Financial Reporting, Tax and Regulatory Update

Wednesday, January 13th, 2010

Financial Services Industry: 2009 Accounting, Financial Reporting, Tax and Regulatory Update
Source: Deloitte Development LLC

Staying current with market conditions and the related accounting, tax and regulatory considerations in today’s dynamic environment is challenging. To help you navigate this highly dynamic environment, a multidisciplinary team of Deloitte leaders has developed the “2009 Accounting, Financial Reporting, Tax and Regulatory Update.”

The annual update covers top-of-mind issues for the financial services industry as a whole and highlights specialized accounting, tax and regulatory considerations applicable to companies in the banking and securities, insurance, asset management and real estate industries, including:

  • Significant accounting developments such as fair value, business combinations, consolidations, other-than-temporary-impairments
  • Issued and proposed accounting and disclosure guidance from standard setters and regulators, including the Securities and Exchange Commission
  • Considerations related to the application of International Financial Reporting Standards
  • Legislative and accounting developments related to income taxes

+ Full Report (PDF; 2 MB)

New Tax Guide Features Recovery Tax Breaks; Helps People Save on their 2009 Taxes

Tuesday, January 12th, 2010

New Tax Guide Features Recovery Tax Breaks; Helps People Save on their 2009 Taxes
Source: Internal Revenue Service

Taxpayers can get the most out of new recovery tax breaks and get a jump on preparing their 2009 federal income tax returns by consulting a newly revised comprehensive tax guide now available on IRS.gov.

Publication 17, Your Federal Income Tax, features details on taking advantage of new tax-saving opportunities, such as the making work pay credit for most workers, American opportunity credit for parents and college students, energy credits for homeowners going green, first-time homebuyer credit, sales or excise tax deduction for new car buyers, and the expanded child tax credit and earned income tax credit for low- and moderate-income workers. This useful 308-page guide also provides more than 6,000 interactive links to help taxpayers quickly get answers to their questions.

Publication 17 has been published annually by the IRS for more than 65 years and has been available on the IRS Web site since 1996. As in prior years, this publication is packed with basic tax-filing information and tips on what income to report and how to report it, figuring capital gains and losses, claiming dependents, choosing the standard deduction versus itemizing deductions, and using IRAs to save for retirement.

+ Full Document (PDF; 6.3 MB)

Higher Standards to Boost Protections and Service for Taxpayers, Increase Confidence in System, Yield Greater Compliance with Tax Laws

Thursday, January 7th, 2010

Higher Standards to Boost Protections and Service for Taxpayers, Increase Confidence in System, Yield Greater Compliance with Tax Laws
Source: Internal Revenue Service

The Internal Revenue Service kicked off the 2010 tax filing season today by issuing the results of a landmark six-month study that proposes new registration, testing and continuing education of tax return preparers. With more than 80 percent of American households using a tax preparer or tax software to help them prepare and file their taxes, higher standards for the tax preparer community will significantly enhance protections and service for taxpayers, increase confidence in the tax system and result in greater compliance with tax laws over the long term.

To bring immediate help to taxpayers this filing season, the IRS also announced a sweeping new effort to reach tax return preparers with enforcement and education. As part of the outreach effort, the IRS is providing tips to taxpayers to ensure they are working with a reputable tax return preparer.

+ Full Report (PDF; 551 KB)

National Taxpayer Advocate Delivers Annual Report to Congress; Focuses on Taxpayer Service, Collection, Preparer Regulation

Wednesday, January 6th, 2010

National Taxpayer Advocate Delivers Annual Report to Congress; Focuses on Taxpayer Service, Collection, Preparer Regulation
Source: Internal Revenue Service

National Taxpayer Advocate Nina E. Olson today released her annual report to Congress, warning that increased demands on the IRS have eroded the agency’s ability to meet taxpayer service needs and expressing concern that IRS collection practices are harming financially struggling taxpayers without producing significant revenue gains.

In the preface to the report, Olson noted that she is required by statute to identify taxpayer problems, but she wrote that “the IRS in many respects has had an extremely successful year.” She cited, in particular, the IRS’s success in implementing significant legislative changes designed to stimulate the economy in the midst of the filing season.
Among the key issues and themes identified in this year’s report:

Telephone Service. The report designates the IRS’s declining ability to answer telephone calls as the most serious problem facing taxpayers. Olson notes that the IRS has set a target for FY 2010 of answering only 71 percent of calls from taxpayers seeking to speak with a customer service representative about account questions, down from 83 percent in FY 2007.

“In other words, the IRS is planning to be unable to answer about three of every 10 calls it receives,” Olson said, adding that the IRS expects those who get through will have to wait an average of 12 minutes. The report states that this projected level of service is barely above the level of 69 percent notched in 1998, when Congress passed the landmark IRS Restructuring and Reform Act due in large part to concerns about inadequate taxpayer service. “This level of service is unacceptable,” Olson wrote.

Examination and Collection Issues. The report contains a detailed assessment of IRS examination and collection practices, concluding that many practices have been developed piecemeal and that the IRS lacks an effective overarching strategy to maximize voluntary compliance. The report also concludes that IRS collection practices often harm taxpayers without producing revenue.

+ Full Report

Bush Tax Cuts, AMT Lead Tax Foundation List of Decade’s Top Tax Stories

Saturday, January 2nd, 2010

Bush Tax Cuts, AMT Lead Tax Foundation List of Decade’s Top Tax Stories
Source: Tax Foundation

The tax cuts signed into law by President Bush in 2001 and 2003 were the top tax story of the decade, according to a top-ten list that the Tax Foundation released today.

The annual Congressional flurry to enact a patch to prevent millions of taxpayers from paying the Alternative Minimum Tax (AMT) also made the list.

“The years 2000 through 2009 were a decade marked by major tax cuts as well as major spending obligations,” said Tax Foundation President Scott Hodge, who joined the organization at the beginning of the decade. “We can expect the next 10 years to contain massive tax increases, both because of large federal deficits and what could be the most significant tax change since the Bush tax cuts – one that could happen within the next 30 days: tax increases to fund health care reform.”

+ Full Document

Kid’s Share: An Analysis of Federal Expenditures on Children through 2008

Saturday, January 2nd, 2010

Kid’s Share: An Analysis of Federal Expenditures on Children through 2008
Source: Brookings Institution

Less than one-tenth of the federal budget was spent on children in 2008, $295 billion out of a total of $2,983 billion in outlays. Well over a third of the federal budget (38 percent) was allocated to the elderly and disabled for the non-child portions of Social Security, Medicare, and Medicaid. The children’s share of the tax expenditure budget was also less than 10 percent.

+ Full Report (PDF; 1.9 MB)

IRS Announces 2010 Standard Mileage Rates

Saturday, January 2nd, 2010

IRS Announces 2010 Standard Mileage Rates
Source: Internal Revenue Service

The Internal Revenue Service today issued the 2010 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2010, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 50 cents per mile for business miles driven
  • 16.5 cents per mile driven for medical or moving purposes
  • 14 cents per mile driven in service of charitable organizations

The new rates for business, medical and moving purposes are slightly lower than last year’s. The mileage rates for 2010 reflect generally lower transportation costs compared to a year ago.

+ Revenue Procedure 2009-54 (PDF; 59 KB)

Study: Despite Rhetoric, Lawmakers Backing Higher “Death Tax” also Backed Bigger Deficits

Thursday, December 31st, 2009

Study: Despite Rhetoric, Lawmakers Backing Higher “Death Tax” also Backed Bigger Deficits
Source: National Taxpayers Union

When the House of Representatives voted last week to create a permanent 45% federal estate tax instead of repealing it next year, supporters of the move said they were helping to reduce the deficit. But a study from the National Taxpayers Union Foundation (NTUF), the research affiliate of the 362,000-member National Taxpayers Union (NTU), suggests they may have had another motive: lawmakers backing a big death tax also had much bigger-than-average federal spending agendas that would leave the government’s balance sheet even deeper in red ink.

In an NTUF Issue Brief released this week, Senior Policy Analyst Demian Brady found that Members who voted in favor a making the death tax a permanent fixture had an average net spending agenda of $630.2 billion. This figure is nearly 8 times the amount of the average net spending agenda for those Members of Congress who voted against the bill. On average, Members who voted against making the death tax permanent had net spending agendas of $81.6 billion.

+ Full Document (PDF; 29 KB)