Archive for September, 2011

IRS to Begin Fingerprinting Tax Preparers

Sunday, September 25th, 2011

From www.accountingtoday.com

The Internal Revenue Service plans to start fingerprinting thousands of tax preparers as part of its oversight program and run the fingerprints through an FBI database.

The IRS released more details on its tax preparer oversight program on Wednesday, and said registered tax return preparers would now be required to renew their Preparer Tax Identification Numbers on an annual basis. In addition, the 15-hour continuing education requirement will take effect next year.

As part of the new guidance, the IRS released Notice 2011-80, which provides that PTINs must now be renewed on a calendar year basis. All PTIN holders must renew their numbers using the online PTIN application or paper Form W-12 and pay the required fee, which will be $64.25 for next year, after Oct. 15 and before Jan. 1 on an annual basis.

The notice also clarifies a number of other issues. The IRS has been issuing provisional PTINs to individuals who are not attorneys,  CPAs, or enrolled agents to allow them to prepare tax returns prior to meeting competency testing and suitability requirements because the testing and continuing education programs have not yet begun. The IRS said it would continue issuing provisional PTINs at least through April 18, 2012. Once the IRS stops issuing provisional PTINs, however, tax return preparers who are required to complete the competency test or suitability requirements must complete these requirements successfully prior to obtaining an official PTIN.

Certain tax return preparers who must pass a suitability check will have to provide their fingerprints so that a Federal Bureau of Investigation database search can be conducted. Generally, the fingerprint requirement will affect those preparers who currently have provisional PTINs.

Under the current proposed regulations, any participant in the PTIN, acceptance agent, or authorized e-file provider programs who resides and is employed outside of the U.S. will not have to be fingerprinted to participate in these programs. Those preparers, however, must comply with all the other elements of the suitability check. In addition, the Treasury Department and the IRS are continuing to study which additional requirements should apply to people  outside the U.S. Any additional requirements will be set forth in future guidance.

Attorneys,  CPAs, enrolled agents, enrolled retirement plan agent and enrolled actuaries also are expected to be exempt from the fingerprinting requirement at this time. However, they are still required to answer all the suitability questions on the PTIN application, such as whether they have been convicted of a felony in the previous 10 years. Individuals participating in the PTIN, acceptance agent, or authorized e-file provider programs also are required to meet any other requirements of the programs in which they are participating.

The IRS said it is working with third-party vendors who will collect and process the fingerprints. 
The IRS notice also provides that the 15-hour continuing education requirement for certain tax return preparers will take effect starting in 2012. Registered tax return preparers and individuals required to pass the competency examination before Dec. 31, 2013, must complete the 15-hour requirement prior to renewing their PTINs for 2013 and subsequent years.

The IRS also published proposed regulations Wednesday (REG-116284-11) that would establish user fees for fingerprinting and taking the competency examination. As proposed, the IRS portion of the fingerprinting fee would be $33, and the IRS portion of the testing fee would be $27. These user fees are in addition to any fees charged by the third-party vendors administering the programs. The fees to be charged by third-party vendors are not being announced at this time, but the total fees, including the IRS user fees, are expected to be between $60 and $90 for fingerprinting and $100 and $125 for testing. For more information, visit www.IRS.gov/ptinor visit IRS to Begin Fingerprinting Tax Preparers on the Accounting Today website, www.accountingtoday.com.

IRS Announces New Program Allowing Past Payroll Tax Relief Provided to Employers Who Reclassify Their Workers as Employees

Sunday, September 25th, 2011

From www.irs.gov

On September 21, 2011 the Internal Revenue Service has launched a new program that will allow eligible employers to resolve worker classification issues from the past and achieve certainty under the tax law at a lower cost by voluntarily reclassifying their workers.

This new program is part of a larger “Fresh Start” initiative at the IRS to help taxpayers and businesses address their tax responsibilities and will allow employers the opportunity to get into compliance by making a minimal payment covering past payroll tax obligations rather than waiting for an IRS audit.

The new Voluntary Classification Settlement Program’s (VCSP) goal is to increase tax compliance and decrease burden for employers by providing greater certainty for employers, workers and the government. Under VCSP, employers can obtain receive relief from federal payroll taxes they may have owed for the past, if they prospectively treat workers as employees.

To be eligible, an applicant must:

  • Treated the workers in the past as nonemployees,
  • Have filed all required Forms 1099 for the workers for the previous three years
  • Not currently be under audit by the IRS, the Department of Labor or a state agency concerning the classification of these workers

Eligible employers can apply for the program by filing Form 8952, Application for Voluntary Classification Settlement Program, at least 60 days before they want to begin treating the workers as employees.

Employers accepted into the program will pay an amount effectively equaling just over one percent of the wages paid to the reclassified workers for the past year. No interest or penalties will be due, and the employers will not be audited on payroll taxes related to these workers for prior years. Participating employers will, for the first three years under the program, be subject to a special six-year statute of limitations, rather than the usual three years that generally applies to payroll taxes. For details, including FAQs, please visit Employment Tax on the IRS website, www.irs.gov.

Obama Calls for Tax Credits for Hiring in Jobs Bill

Wednesday, September 14th, 2011

From – www.accountingtoday.com

President Obama addressed a joint session of Congress on Thursday evening to present a jobs bill containing an expansion of the payroll tax cut, tax breaks for new hires and salary raises, and other tax reform measures.

The $447 billion bill, known as the American Jobs Act, contains provisions for creating new jobs to build and repair infrastructure such as highway and roads, along with school construction and an extension of unemployment benefits. In addition, Obama outlined a series of measures, including tax breaks to encourage companies to hire the long-term unemployed, along with veterans. He also called for an extension of the payroll tax cut for employees and an expansion of the tax cut to small business employers. Obama repeatedly emphasized that the bill contained many tax proposals that had originated with Republicans.

“It will provide a tax break for companies who hire new workers, and it will cut payroll taxes in half for every working American and every small business,” he said.

Obama is battling persistent unemployment that his administration has admitted is likely to remain above 9 percent through next year. He called on lawmakers to put aside partisan politics and work to fix the economy before the next election.

“You should pass this jobs plan right away,” he repeatedly urged. “Everyone here knows that small businesses are where most new jobs begin. And you know that while corporate profits have come roaring back, smaller companies haven’t. So for everyone who speaks so passionately about making life easier for ‘job creators,’ this plan is for you. Pass this jobs bill, and starting tomorrow, small businesses will get a tax cut if they hire new workers or if they raise workers’ wages. Pass this jobs bill, and all small business owners will also see their payroll taxes cut in half next year. If you have 50 employees making an average salary, that’s an $80,000 tax cut. And all businesses will be able to continue writing off the investments they make in 2012. It’s not just Democrats who have supported this kind of proposal. Fifty House Republicans have proposed the same payroll tax cut that’s in this plan. You should pass it right away.”

Obama said the bill would provide funds to repair decaying roads and bridges across the country, and repair and modernize at least 35,000 schools. He promised to cut the red tape that has prevented some of the projects from getting started in the past. He also pledged to set up an independent fund to attract funds from the private sector and issue loans based on how badly a construction project is needed and how much good it would do for the economy.

Funds would also be used to prevent teacher layoffs and rehire teachers who had lost their jobs due to budget cuts, and provide summer jobs to disadvantaged young people.

Obama also said the bill would provide tax credits to hire veterans. “We ask these men and women to leave their careers, leave their families, risk their lives to fight for our country,” he said, drawing applause from both sides of the aisle. “The last thing they should have to do is fight for a job when they come home.”

The bill would also provide companies with a $4,000 tax credit if they hire anyone who has spent more than six months looking for a job. “We have to do more to help the long-term unemployed in their search for work,” said Obama. “This jobs plan builds on a program in Georgia that several Republican leaders have highlighted, where people who collect unemployment insurance participate in temporary work as a way to build their skills while they look for a permanent job.”

The plan would also extend unemployment insurance for another year. “If the millions of unemployed Americans stopped getting this insurance, and stopped using that money for basic necessities, it would be a devastating blow to this economy,” said Obama. “Democrats and Republicans in this chamber have supported unemployment insurance plenty of times in the past. And in this time of prolonged hardship, you should pass it again—right away.”

Obama also called for extending the payroll tax cut in last December’s tax legislation, which reduced Social Security taxes from 6.2 percent to 4.2 percent this year. In urging the extension, Obama referred to the pledge not to raise taxes that many Republican lawmakers signed at the behest of Grover Norquist’s group, Americans for Tax Reform. However, the 6.2 percent rate would be cut to 3.1 percent under the new bill, according to Vice President Joe Biden in an interview Friday on the Today Show.

“Pass this jobs bill, and the typical working family will get a $1,500 tax cut next year,” said Obama. “Fifteen hundred dollars that would have been taken out of your pocket will go into your pocket. This expands on the tax cut that Democrats and Republicans already passed for this year. If we allow that tax cut to expire—if we refuse to act—middle-class families will get hit with a tax increase at the worst possible time. We can’t let that happen. I know that some of you have sworn oaths to never raise any taxes on anyone for as long as you live. Now is not the time to carve out an exception and raise middle-class taxes, which is why you should pass this bill right away.”

Obama said the cost of the bill would be paid for with a new, more ambitious deficit reduction plan he plans to release a week from Monday. In addition to spending cuts, the deficit reduction plan would make what he called “modest adjustments” to Medicare and Medicaid, and reform the Tax Code to encourage “the wealthiest Americans and biggest corporations to pay their fair share.”

“I’m also well aware that there are many Republicans who don’t believe we should raise taxes on those who are most fortunate and can best afford it,” said Obama. “But here is what every American knows: While most people in this country struggle to make ends meet, a few of the most affluent citizens and most profitable corporations enjoy tax breaks and loopholes that nobody else gets. Right now, Warren Buffett pays a lower tax rate than his secretary—an outrage he has asked us to fix. We need a tax code where everyone gets a fair shake and where everybody pays their fair share. And by the way, I believe the vast majority of wealthy Americans and CEOs are willing to do just that if it helps the economy grow and gets our fiscal house in order.”

Obama also said he would work on corporate tax reform as well, calling the corporate tax code “a monument to special interest influence in Washington.”
“By eliminating pages of loopholes and deductions, we can lower one of the highest corporate tax rates in the world,” he added. “Our tax code should not give an advantage to companies that can afford the best-connected lobbyists. It should give an advantage to companies that invest and create jobs right here in the United States of America.”

Obama contrasted tax breaks for large oil companies with those for small businesses.
“Should we keep tax loopholes for oil companies?” he asked. “Or should we use that money to give small business owners a tax credit when they hire new workers? Because we can’t afford to do both. Should we keep tax breaks for millionaires and billionaires? Or should we put teachers back to work so our kids can graduate ready for college and good jobs? Right now, we can’t afford to do both. This isn’t political grandstanding. This isn’t class warfare. This is simple math. These are real choices that we’ve got to make. And I’m pretty sure I know what most Americans would choose. It’s not even close. And it’s time for us to do what’s right for our future.”

In response to the speech, House Speaker John Boehner, R-Ohio, indicated that he was ready to work on a jobs package with Obama, but he also asked for consideration of the Republican alternative.

“American families and small businesses are hurting, and they are looking for the White House and Congress to seek common ground and work together to help get our economy back on track,” Boehner said in a statement. “Republicans have laid out a blueprint for economic growth and job creation—our Plan for America’s Job Creators—that focuses on one thing: removing government barriers to private-sector job growth. The proposals the President outlined tonight merit consideration. We hope he gives serious consideration to our ideas as well. It’s my hope that we can work together to end the uncertainty facing families and small businesses, and create a better environment for long-term economic growth and private-sector job creation.”

Ahead of the jobs speech, Senate Minority Leader Mitch McConnell, R-Ken., struck a more confrontational tone in remarks on the Senate floor Thursday. “This isn’t a jobs plan,” he said. “It’s a re-election plan. That’s why Republicans will continue to press for policies that empower job creators, not Washington.” For details, visit Obama Calls for Tax Credits for Hiring in Jobs Bill on the Accounting Today website, www.accountingtoday.com.

IRS Gives One-Week Filing Extension to Taxpayers Whose Preparers Were Affected by Hurricane Irene

Thursday, September 1st, 2011

From www.irs.gov

WASHINGTON — The Internal Revenue Service today announced it is granting taxpayers whose preparers were affected by Hurricane Irene until Sept. 22 to file returns normally due Sept. 15. The taxpayer’s preparer must be located in an area that was under an evacuation order or a severe weather warning because of Hurricane Irene, even if the preparer is located outside of the federally declared disaster areas.

This relief, which primarily applies to corporations, partnerships and trusts that previously obtained a tax filing extension, is available to taxpayers regardless of their location.

This relief does not apply to any tax payment requirements.

This relief is in addition to the filing and payment relief the IRS is providing to taxpayers located in disaster areas declared by the Federal Emergency Management Agency (FEMA). For details, visit Tax Relief in Disaster Situations on the IRS website, www.irs.gov.