The IRS has announced that the applicable dollar amount used to calculate the fees imposed by Code Secs. 4375 and 4376 for policy and plan years that end on or after October 1, 2025, and before Oc...
A partnership (taxpayer) was denied a deduction for an easement donation related to a property (P1). The taxpayer claimed the deduction for the wrong year. Additionally, the taxpayer (1) substantially...
The IRS has provided relief under Code Sec. 7508A for persons determined to be affected by the terroristic action in the State of Israel throughout 2024 and 2025. Affected taxpayers have until Septe...
The IRS Independent Office of Appeals has launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive to taxpayers. Under the new PAM pilot, cases will be reassigned to an A...
The IRS has reminded taxpayers that emergency readiness has gone beyond food, water and shelter. It also includes safeguarding financial and tax documents. Families and businesses should review their ...
In regards to the U.S. Treasury phase out of the penny, the Michigan Department of Treasury advises sellers that they may round the total amount due from customers up or down to the nearest $0.05. How...
The IRS has announced penalty relief for the 2025 tax year relating to new information reporting obligations introduced under the One, Big, Beautiful Bill Act (OBBBA). The relief applies to penalties imposed under Code Secs. 6721 and 6722 for failing to file or furnish complete and correct information returns and payee statements.
The IRS has announced penalty relief for the 2025 tax year relating to new information reporting obligations introduced under the One, Big, Beautiful Bill Act (OBBBA). The relief applies to penalties imposed under Code Secs. 6721 and 6722 for failing to file or furnish complete and correct information returns and payee statements.
The OBBBA introduced new deductions for qualified tips and qualified overtime compensation, applicable to tax years beginning after December 31, 2024. These provisions require employers and payors to separately report amounts designated as cash tips or overtime, and in some cases, the occupation of the recipient. However, recognizing that employers and payors may not yet have adequate systems, forms, or procedures to comply with the new rules, the IRS has designated 2025 as a transition period.
For 2025, the Service will not impose penalties if payors or employers fail to separately report these new data points, provided all other information on the return or payee statement is complete and accurate. This relief applies to information returns filed under Code Sec. 6041 and to Forms W-2 furnished to employees under Code Sec. 6051. The IRS emphasized that this transition relief is limited to the 2025 tax year only and that full compliance will be required beginning in 2026 when revised forms and updated electronic reporting systems are available.
Although not mandatory, the IRS encourages employers to voluntarily provide separate statements or digital records showing total tips, overtime pay, and occupation codes to help employees determine eligibility for new deductions under the OBBBA. Employers may use online portals, additional written statements, or Form W-2 box 14 for this purpose.
The 2026 cost-of-living adjustments (COLAs) that affect pension plan dollar limitations and other retirement-related provisions have been released by the IRS. In general, many of the pension plan limitations will change for 2026 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, other limitations will remain unchanged.
The 2026 cost-of-living adjustments (COLAs) that affect pension plan dollar limitations and other retirement-related provisions have been released by the IRS. In general, many of the pension plan limitations will change for 2026 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, other limitations will remain unchanged.
The SECURE 2.0 Act (P.L. 117-328) made some retirement-related amounts adjustable for inflation. These amounts, as adjusted for 2026, include:
- The catch-up contribution amount for IRA owners who are 50 or older is increased from $1,000 to $1,100.
- The amount of qualified charitable distributions from IRAs that are not includible in gross income is increased from $108,000 to $111,000.
- The limit on one-time qualified charitable distributions made directly to a split-interest entity is increased from $54,000 to $55,000.
- The dollar limit on premiums paid for a qualifying longevity annuity contract (QLAC) remains $210,000.
Highlights of Changes for 2026
The contribution limit has increased from $23,500 to $24,500 for employees who take part in:
- 401 (k)
- 403 (b)
- most 457 plans, and
- the federal government’s Thrift Savings Plan
The annual limit on contributions to an IRA increased from $7,000 to $7,500.
The catch-up contribution limit for individuals aged 50 and over for employer retirement plans (such as 401(k), 403(b), and most 457 plans) has increased from $7,500 to $8,000.
The income ranges increased for determining eligibility to make deductible contributions to:
- IRAs,
- Roth IRAs, and
- to claim the Saver’s Credit.
Phase-Out Ranges
Taxpayers can deduct contributions to a traditional IRA if they meet certain conditions. The deduction phases out if the taxpayer or their spouse takes part in a retirement plan at work. The phase-out depends on the taxpayer’s filing status and income.
- For single taxpayers covered by a workplace retirement plan, the phase-out range is $81,000 to $91,000, up from $79,000 to $89,000.
- For joint filers, when the spouse making the contribution takes part in a workplace retirement plan, the phase-out range is $129,000 to $149,000, up from $126,000 to $146,000.
- For an IRA contributor who is not covered by a workplace retirement plan but their spouse is, the phase-out range is $242,000 to $252,000, up from $236,000 to $246,000.
- For a married individual filing separately who is covered by a workplace plan, the phase-out range remains $0 to $10,000.
The phase-out ranges for Roth IRA contributions are:
- $153,000 to $168,000 for singles and heads of household,
- $242,000 to $252,000 for joint filers,
- $0 to $10,000 for married separate filers.
Finally, the income limits for the Saver’s Credit are:
- $80,500 for joint filers,
- $60,375 for heads of household,
- $40,250 for singles and married separate filers.
The IRS released interim guidance and announced its intent to publish proposed regulations regarding the exclusion of interest on loans secured by rural or agricultural real property under Code Sec. 139L. Taxpayers may rely on the interim guidance in section 3 of the notice for loans made after July 4, 2025, and on or before the date that is 30 days after the publication of the forthcoming proposed regulations.
The IRS released interim guidance and announced its intent to publish proposed regulations regarding the exclusion of interest on loans secured by rural or agricultural real property under Code Sec. 139L. Taxpayers may rely on the interim guidance in section 3 of the notice for loans made after July 4, 2025, and on or before the date that is 30 days after the publication of the forthcoming proposed regulations.
Partial Exclusion of Interest
Code Sec 139L, as added by the One Big Beautiful Bill Act (P.L. 119-21), provides for a partial exclusion of interest for certain loans secured by rural or agricultural real property. The amount excluded is 25 percent of the interest received by a qualified lender on a qualified real estate loan. A qualified lender will include 75 percent of the interest received on a qualified real estate loan in gross income. A qualified lender is not required to be the original holder of the loan on the issue date of the loan in order to exclude the interest under Code Sec 139L.
Qualified Real Estate Loan
A qualified real estate loan is secured by qualified rural or agricultural property only if, at the time that the interest accrues, the qualified lender holds a valid and enforceable security interest with respect to the property under applicable law. Subject to a safe harbor provision, the amount of a loan that is a qualified real estate loan is limited to the fair market value of the qualified rural or agricultural property securing the loan, as of the issue date of the loan. If the amount of the loan is greater than the fair market value of the property securing the loan, determined as of the issue date of the loan, only the portion of the loan that does not exceed the fair market value is a qualified real estate loan.
The safe harbor allows a qualified lender to treat a loan as fully secured by qualified rural or agricultural property if the qualified lender holds a valid and enforceable security interest with respect to the qualified rural or agricultural property under applicable law and the fair market value of the property security the loan is at least 80 percent of the issue price of the loan on the issue date.
Fair market value can be determined using any commercially reasonable valuation method. Subject to certain limitations, the fair market value of any personal property used in the course of the activities conducted on the qualified rural or agricultural property (such as farm equipment or livestock) can be added to the fair market value of the rural or agricultural real estate. The addition to fair market value may be made if a qualified lender holds a valid and enforceable security interest with respect to such personal property under applicable law and the relevant loan must be secured to a substantial extent by rural or agricultural real estate.
Use of the Property
The presence of a residence on qualified rural or agricultural property or intermittent periods of nonuse for reasons described in Code Sec. 139L(c)(3) does not prevent the property from being qualified rural or agricultural property so long as the the property satisfies the substantial use requirement.
Request for Comments
The Treasury Department and the IRS are seeking comments on the notice in general and on the following specific issues:
- The extent to which the forthcoming proposed regulations address the meaning of certain terms;
- The extent to which the forthcoming proposed regulations address whether property is substantially used for the production of one or more agricultural products or in the trade or business of fishing or seafood processing;
- The extent to which the forthcoming proposed regulations address how the substantial use requirement applies to properties with mixed uses;
- The manner in which the forthcoming proposed regulations address changes involving qualified rural or agricultural property following the issuance of a qualified real estate loan;
- The manner in which the forthcoming proposed regulations address how a qualified lender determines whether the loan remains secured by qualified rural or agricultural property;
- The extent to which the forthcoming proposed regulations address how Code Sec. 139L applies in securitization structures; and
- The extent to which the forthcoming proposed regulations address Code Sec. 139L(d), regarding the application of Code Sec. 265 to any qualified real estate loan.
Written comments should be submitted, either electronically or by mail, by January 20, 2026.
The IRShas provided a safe harbor for trusts that otherwise qualify as investment trusts under Reg. §301.7701-4(c) and as grantor trusts to stake their digital assets without jeopardizing their tax status as investment trusts and grantor trusts. The Service also provided a limited time period for an existing trust to amend its governing instrument (trust agreement) to adopt the requirements of the safe harbor.
The IRShas provided a safe harbor for trusts that otherwise qualify as investment trusts under Reg. §301.7701-4(c) and as grantor trusts to stake their digital assets without jeopardizing their tax status as investment trusts and grantor trusts. The Service also provided a limited time period for an existing trust to amend its governing instrument (trust agreement) to adopt the requirements of the safe harbor.
Background
Under “custodial staking,” a third party (custodian) takes custody of an owner’s digital assets and facilitates the staking of such digital assets on behalf of the owner. The arrangement between the custodian and the staking provider generally provides that an agreed-on portion of the staking rewards are allocated to the owner of the digital assets.
Business or commercial trusts are created by beneficiaries simply as a device to carry on a profit-making business that normally would have been carried on through a business organization classified as a corporation or partnership. An investment trust with a single class of ownership interests, representing undivided beneficial interests in the assets of the trust, is classified as a trust if there is no power under the trust agreement to vary the investments of the certificate holders.
Trust Arrangement
The revenue procedure applies to an arrangement formed as a trust that (i) would be treated as an investment trust, and as a grantor trust, if the trust agreement did not authorize staking and the trust’s digital assets were not staked, and (ii) with respect to a trust in existence before the date on which the trust agreement first authorizes staking and related activities in a manner that satisfies certain listed requirements, qualified as an investment trust, and as a grantor trust, immediately before that date. If the listed requirements (described below) are met, a trust's authorization in the trust agreement to stake its digital assets and the resulting staking of the trust's digital assets will, under the safe harbor, not prevent the trust from qualifying as an investment trust and as a grantor turst.
Requirements for Trust
The requirements for the safe harbor to apply are as follows:
- Interests in the trust must be traded on a national securities exchange and must comply with the SEC’s regulations and rules on staking activities.
- The trust must own only cash and units of a single type of digital asset under Code Sec. 6045(g)(3)(D).
- Transactions for the cash and units of digital asset must be carried out on a permissionless network that uses a proof-of-stake consensus mechanism to validate transactions.
- Trust’s digital assets must be held by a custodian acting on behalf of the trust at digital asset addresses controlled by the custodian.
- Only the custodian can effect a sale, transfer, or exercise the rights of ownership over said digital assets, including while those assets are staked.
- Staking of the trust's digital assets must protect and conserve trust property and mitigate the risk that another party could control a majority of the assets of that type and engage in transactions reducing the value of the trust’s digital assets.
- The trust’s activities relating to digital assets must be limited to (1) accepting deposits of the digital assets or cash in exchange for newly issued interests in the trust; (2) holding the digital assets and cash; (3) paying trust expenses and selling digital assets to pay trust expenses or redeem trust interests; (4) purchasing additional digital assets with cash contributed to the trust; (5) distributing digital assets or cash in redemption of trust interests; (6) selling digital assets for cash in connection with the trust's liquidation; and (7) directing the staking of the digital assets in a way that is consistent with national securities exchange requirements.
- The trust must direct the staking of its digital assets through custodians who facilitate the staking on the trust's behalf with one or more staking providers.
- The trust or its custodian must have no legal right to participate in or direct the activities of the staking provider.
- The trust's digital assets must generally be available to the staking provider to be staked.
- The trust's liquidity risk policies must be based solely on factors relating to national securities exchange requirements regarding redemption requests.
- The trust's digital assets must be indemnified from slashing due to the activities of staking providers.
- The only new assets the trust can receive as a result of staking are additional units of the single type of digital asset the trust holds.
Amendment to Trust
A trust may amend its trust agreement to authorize staking at any time during the nine-month period beginning on November 10, 2025. Such an amendment will not prevent a trust from being treated as a trust that qualifies as an investment trust under Reg. §301.7701-4(c) or as a grantor trust if the aforementioned requirements were satisfied.
Effective Date
This guidance is effective for tax years ending on or after November 10, 2025.
WASHINGTON – National Taxpayer Advocate Erin Collins told attendees at a recent conference that she wants to see the Taxpayer Advocate Service improve its communications with taxpayers and tax professionals.
WASHINGTON – National Taxpayer Advocate Erin Collins told attendees at a recent conference that she wants to see the Taxpayer Advocate Service improve its communications with taxpayers and tax professionals.
“What I would like to do is improve our responsiveness and communication with fill-in-the-blank, whether it be taxpayer or practitioner, because I think that is huge,” Collins told attendees November 18, 2025, at the American Institute of CPA’s National Tax Conference.
“I think a lot of my folks are working really hard to fix things, but they’re not necessarily communicating as fast and often as they should,” she continued. “So, I would like to see by year-end we’re in a position that that is a routine and not the exception.”
In tandem with that, Collins also told attendees she would like to see the IRS be quicker in terms of how it fixes issues. She pointed to the example of first-time abatement, something she called an “an amazing administrative relief for taxpayers” but one that is only available to those who know to ask for it.
She estimated that there are about one million taxpayers every year that are eligible to receive it and among those, most are lower income taxpayers.
The IRS, Collins noted, agreed a couple of years ago that this was a problem. “The challenge they had was how do they implement it through their systems?”
Collins was happy to report that those who qualify for first-time abatement will automatically be notified starting with the coming tax filing season, although she did not have any insight as to how the process would be implemented.
Patience
Collins also asked for patience from the taxpayer community in the wake of the recently-ended government shutdown, which has increased the TAS workload as TAS employees were not deemed essential and were furloughed during the shutdown.
She noted that TAS historically receives about 5,000 new cases a week and the shutdown meant the rank-and-file at TAS were not working. She said that the service did work to get some cases closed that didn’t require employee help.
“So, any of you who are coming in or have cases, please be patient,” Collins said. “Our guys are doing the best they can, but they do have, unfortunately, a backlog now coming in.”
By Gregory Twachtman, Washington News Editor
The IRS and Treasury have issued final regulations that implement the excise tax on stock repurchases by publicly traded corporations under Code Sec. 4501, introduced in the Inflation Reduction Act of 2022. Proposed regulations on the computation of the tax were previously issued on April 12, 2024 (NPRM REG-115710-22) and final regulations covering the procedural aspects of the tax were issued on July 3, 2024 (T.D. 10002). Following public comments and hearings, the proposed computation regulations were modified and are now issued as final, along with additional changes to the final procedural regulations. The rules apply to repurchases made after December 31, 2022.
The IRS and Treasury have issued final regulations that implement the excise tax on stock repurchases by publicly traded corporations under Code Sec. 4501, introduced in the Inflation Reduction Act of 2022. Proposed regulations on the computation of the tax were previously issued on April 12, 2024 (NPRM REG-115710-22) and final regulations covering the procedural aspects of the tax were issued on July 3, 2024 (T.D. 10002). Following public comments and hearings, the proposed computation regulations were modified and are now issued as final, along with additional changes to the final procedural regulations. The rules apply to repurchases made after December 31, 2022.
Overview of Code Sec. 4501
Code Sec. 4501 imposes a one percent excise tax on the fair market value of any stock repurchased by a “covered corporation”—defined as any domestic corporation whose stock is traded on an established securities market. The statute also covers acquisitions by “specified affiliates,” including majority-owned subsidiaries and partnerships. A “repurchase” includes redemptions under Code Sec. 317(b) and any transaction the Secretary determines to be economically similar. The amount subject to tax is reduced under a netting rule for stock issued by the corporation during the same tax year.
Scope and Definitions
The final regulations clarify the definition of stock, covering both common and preferred stock, with several exclusions. They exclude:
- Additional tier 1 capital not qualifying as common equity tier 1,
- Preferred stock under Code Sec. 1504(a)(4),
- Mandatorily redeemable stock or stock with enforceable put rights if issued prior to August 16, 2022,
- Certain instruments issued by Farm Credit System entities and savings and loan holding companies.
The IRS rejected requests to exclude all preferred stock or foreign regulatory capital instruments, limiting exceptions to U.S.-regulated issuers only.
Exempt Transactions and Carveouts
Several categories of transactions are excluded from the excise tax base. These include:
- Repurchases in connection with complete liquidations (under Code Secs. 331 and 332),
- Acquisitive reorganizations and mergers where the corporation ceases to be a covered corporation,
- Certain E and F reorganizations where no gain or loss is recognized and only qualifying property is exchanged,
- Split-offs under Code Sec. 355 are included unless the exchange is treated as a dividend,
- Reorganizations are excluded if shareholders receive only qualifying property under Code Sec. 354 or 355.
The IRS adopted a consideration-based test to determine whether the reorganization exception applies, disregarding whether shareholders actually recognized gain.
Application to Take-Private Transactions and M&A
The final rules clarify that leveraged buyouts, take-private deals, and restructurings that result in loss of public listing status are not considered repurchases for tax purposes. This reverses prior treatment under proposed rules, aligning with policy concerns that such deals are not akin to value-distribution schemes.
Similarly, cash-funded acquisitions and upstream mergers into parent companies are excluded where the repurchase is part of a broader ownership change plan.
Netting Rule and Timing Considerations
Under the netting rule, the amount subject to tax is reduced by the value of new stock issued during the tax year. This includes equity compensation to employees, even if unrelated to a repurchase program. The rule does not apply where a corporation is no longer a covered corporation at the time of issuance.
Stock is treated as repurchased on the trade date, and issuances are counted on the date the rights to stock are transferred. The IRS clarified that netting applies only to stock of the covered corporation and not to instruments issued by affiliates.
Foreign Corporations and Surrogates
The excise tax also applies to certain acquisitions by specified affiliates of:
- Applicable foreign corporations, i.e., foreign entities with publicly traded stock,
- Covered surrogate foreign corporations, as defined under Code Sec. 7874.
Where such affiliates acquire stock from third parties, the tax is applied as if the affiliate were a covered corporation, but limited only to shares issued by the affiliate to its own employees. These provisions prevent U.S.-parented multinational groups from circumventing the tax through offshore affiliates.
Exceptions Under Code Sec. 4501(e)
The six statutory exceptions remain intact:
- Reorganizations with no gain/loss under Code Sec. 368(a);
- Contributions to employer-sponsored retirement or ESOP plans;
- De minimis repurchases under $1 million per tax year;
- Dealer transactions in the ordinary course of business;
- Repurchases by RICs and REITs;
- Repurchases treated as dividends under the Code.
The IRS expanded the RIC/REIT exception to cover certain non-RIC mutual funds regulated under the Investment Company Act of 1940 if structured as open-end or interval funds.
Reporting and Administrative Requirements
Taxpayers must report repurchases on Form 720, Quarterly Federal Excise Tax Return. Recordkeeping, filing, and payment obligations are governed by Part 58, Subpart B of the regulations. The procedural rules also address:
- Applicable filing deadlines;
- Corrections for adjustments and refunds;
- Return preparer obligations under Code Secs. 6694 and 6695.
These provisions codify prior guidance issued in Notice 2023-2 and reflect technical feedback from tax professionals and stakeholders.
Applicability Dates
The final rules apply to:
- Stock repurchases occurring after December 31, 2022;
- Stock issuances during tax years ending after December 31, 2022;
- Procedural compliance starting with returns due after publication in the Federal Register.
Corporations may rely on Notice 2023-2 for transactions before April 12, 2024, and either the proposed or final regulations thereafter, provided consistency is maintained.
Takeaways
The final regulations narrow the excise tax’s reach to align with Congressional intent: discouraging opportunistic buybacks that return capital to shareholders outside traditional dividend mechanisms. By excluding structurally transformative M&A transactions, debt-like preferred stock, and regulated financial instruments, the IRS attempts to strike a balance between tax enforcement and market practice.
A taxpayer who may have misplaced or lost a copy of his tax return that was already filed with the IRS or whose copy may have been destroyed in a fire, flood, or other disaster may need information contained on that return in order to complete his or her return for the current year. In addition, an individual may be required by a governmental agency or other entity, such as a mortgage lender or the Small Business Administration, to supply a copy of his or a related party's tax return.
A taxpayer who may have misplaced or lost a copy of his tax return that was already filed with the IRS or whose copy may have been destroyed in a fire, flood, or other disaster may need information contained on that return in order to complete his or her return for the current year. In addition, an individual may be required by a governmental agency or other entity, such as a mortgage lender or the Small Business Administration, to supply a copy of his or a related party's tax return.
In such circumstances, you may obtain a copy of your tax return by filing Form 4506, Request for Copy or Transcript of Tax Form, along with the applicable fee, to the IRS Service Center where the return was filed. Also, tax account information based on the return may be obtained free of charge from IRS Taxpayer Service Offices. You may also request a transcript that will show most lines from the original return, including accompanying forms and schedules.
Fees
There is no charge to request a tax return transcript of the Form 1040 series filed during the current calendar year and the three preceding calendar years. For other requests, a fee of $23.00 per tax period requested must be paid in order to obtain copies of a return. Taxpayers seeking tax account information (such as adjusted gross income, amount of tax, or amount of refund) should contact their local IRS Taxpayer Service Office, which will provide the account information free of charge.
Timing of requests
A request for a copy of a return must be received by the IRS within 60 days following the date when it was signed and dated by the taxpayer. It may take up to 60 calendar days to get a copy of a tax form or Form W-2 information. If a return has been recently filed, the taxpayer must allow six weeks before requesting a copy of the return or other information. The IRS cautions that returns filed more than six years ago may not be available for making copies; tax account information, however, is generally available for these periods.
You may be able to save some time by going directly to your tax return preparer for the information. Although a return preparer may retain a copy of the taxpayer's return, however, there is no absolute requirement to do so. Preparers must retain for three years either a copy of each completed return and claim for refund or a list of the names and taxpayer identification numbers of taxpayers for whom returns or claims have been prepared.
Every business owner knows that he or she is responsible for payroll taxes for employees but not for independent contractors. This is the general rule, but like every rule in the Tax Code, there are exceptions.
Every business owner knows that he or she is responsible for payroll taxes for employees but not for independent contractors. This is the general rule, but like every rule in the Tax Code, there are exceptions.
Some workers, even if they are called independent contractors, must be treated as employees for tax purposes. They are called statutory employees. You are required to withhold and pay certain payroll taxes, under certain circumstances. If you fail to withhold payroll taxes for these workers, you could be liable for significant fines and penalties.
Conditions
Some conditions must be met to transform an independent contractor into a statutory employee. First, only certain types of work trigger the change in treatment. Second, a contract between you and the worker must contemplate that the worker will personally perform substantially all of the work. Third, the worker's investment in equipment and property used to provide the services usually is insubstantial. Fourth, the services usually are performed on a regular and continuing basis.
Here's a look at some of the specific occupations that are treated as statutory employment.
Agent-Drivers
Agent-drivers and commission drivers who deliver specified products are deemed statutory employees for payroll tax purposes. These are individuals wh
-- Operate their own trucks;
-- Serve customers designated by you;
-- Serve customers they solicit on their own;
-- Make wholesale or retail sales; and
-- Paid commissions on their sales.
These drivers are treated as your employees if they distribute:
-- Beverages (other than milk);
-- Meat;
-- Fruit;
-- Vegetables;
-- Bakery products; or
-- Laundry
Generally, you are not required to withhold income taxes for agent-drivers but you must withhold FICA and federal unemployment taxes.
Salespeople
A very specific group of salespeople are treated as employees even if your arrangement terms them independent contractors. These individuals remit orders on your behalf from customers who are:
-- Retailers;
-- Wholesalers;
-- Contractors; or
-- Operators of hotels and restaurants.
The individuals must work full-time for you. In addition, the orders they remit must be for items that your customers will resell or use as supplies in their business. Generally, you must withhold FICA and federal unemployment taxes for these salespersons.
Homeworkers
Some individuals who work at home for you must be treated as employees. Frequently, these individuals work on a contract or piecework basis. A common example is an individual you hire to type your correspondence, using his or her computer equipment, at home.
Your payroll tax obligation for homeworkers generally kicks-in when you've paid the workers $100 in cash wages during the year. Once you've reached the $100 threshold, all wages paid during the year are subject to FICA taxes.
This is a confusing area of the tax law. Our office can help clarify if an independent contractor is a statutory employee so you don't miss your important payroll tax obligations. Contact us if you have any questions.
I sold a small piece of property two years ago. Going through my records recently I realized that the gain on that sale was never reported on my tax return. What should I do now?
A: The usual solution is to file an amended return for that year, paying any additional tax due plus interest and a late payment penalty. You are not permitted simply to add it to this year's tax return.
An amended return must be filed, and any additional tax due paid, by any taxpayer who has omitted an income item for a previous tax year for which the statute of limitations period (which is generally three years) is still open. When an original, and then an amended return is filed, the statute of limitations generally starts running on the original filing.
Some taxpayers think they can wait until a few days before the three-year limitations period is about to expire to file their amended return to avoid any further IRS audit of it. They should think again. To cover this ploy, an exception to the three-year limitations period on assessment is made when the taxpayer files an amended return within 60 days before the end of the limitations period on assessment. In this situation, the IRS has 60 days from when it gets the amended return to assess the additional tax due as reported, even if the usual three-year period would normally otherwise end.
Taxpayers who plan to wait until after the three-year limitation expires, and then do nothing, are playing an even more dangerous game.
First, the IRS tends to pull most returns for audit between the second and third year after filing. If the IRS catches a taxpayer for unreported income before he or she fesses up, the penalties are generally much worse.
Second, even though initially not reporting some taxable gain may be just a mistake, hiding the income once you discover that it has not been reported may subject you to criminal fraud, which carries even higher penalties …and no statute of limitations.
A new IRS ruling confirms that HRAs are entitled to significant tax breaks. Properly structured, they can provide a deduction for the business, tax-free benefits for employees, and more direct and personal control over health care costs…a classic "win-win" situation, compliments of the tax code.
Health reimbursement arrangements (HRAs) have just been given the "green light" by the IRS -paving the way for you and many businesses to consider whether an HRA is a good solution to rising health-care costs.
A new IRS ruling confirms that HRAs are entitled to significant tax breaks. Properly structured, they can provide a deduction for the business, tax-free benefits for employees, and more direct and personal control over health care costs…a classic "win-win" situation, complements of the tax code.
As Treasury Secretary Paul O'Neill put it, "With this new guidance, we clear the way for employers to adopt health plans with patient-directed features so that employees have more choice and greater control over their health care coverage."
Patient-directed health plan
An HRA is a written arrangement set up by employers to provide employees with reimbursement up to a pre-selected amount for a variety of medical expenses. In order to qualify, an HRA must:
- Be funded solely by employer contributions and never through voluntary salary reduction contributions under a cafeteria plan or by any other form of employee contribution;
- Require funds to be used to reimburse employees for substantiated medical expenses of employees, their spouses, and dependents.
The two outstanding features of an HRA are:
- (1) Each employee gets his or her own account balance that may be carried over from year to year, indefinitely. Flexible spending accounts (FSAs), in contrast, work on a "use-it and lose-it" basis under which amounts left unspent at the end of the year are lost. The carryover feature of the HRA gives employees incentive to spend wisely and save on medical costs whenever possible, so that their "personal care accounts" can increase over the years.
- (2) Amounts in the HRA can be used to pay medical insurance premiums as well as for reimbursement of medical services and other costs. FSAs are expressly prohibited from being used to pay insurance premiums.
Options
HRAs can offer an employer great flexibility in the overall health care package presented to employees. An HRA can either supplement a deductible group health plan, or it can operate alone in providing your employees with medical benefits. It can also be used together with FSAs to enhance the benefits of both.
How to get started
To win the benefits of an HRA, certain rules must be followed. HRAs may only provide benefits that cover substantiated medical expenses. They cannot discriminate in favor of highly-compensated employees.
While an HRA cannot be funded within a cafeteria plan, employers can coordinate cafeteria plan benefits with HRAs in a manner that provides an attractive, yet IRS-sanctioned package. Planning can also enhance other HRA features.
Contact this office for further details on how an HRA can improve your financial as well as medical health.
U.S. Savings Bonds can be a relatively risk-free investment during time of upheaval in the stock market, such as we are experiencing now. There are two different types of savings bonds for tax purposes. The first includes Series EE bonds and Series I bonds. If you invest in these bonds, you have a choice of reporting interest as it accrues each year you hold the bond until you sell it or redeem it. A second category consists of a special type of savings bond, HH bonds, on which income generally must be reported as accrued.
U.S. Savings Bonds can be a relatively risk-free investment during time of upheaval in the stock market, such as we are experiencing now. There are two different types of savings bonds for tax purposes. The first includes Series EE bonds and Series I bonds. You purchase these bonds at a discount from their face value and they accrue interest until reaching face value at maturity.
If you invest in these bonds, you have a choice of reporting interest as it accrues each year you hold the bond until you sell it or redeem it.
A second category consists of a special type of savings bond, HH bonds, on which income generally must be reported as accrued.
Series EE and I bonds
Generally, you do not have to pay taxes on interest accruing on EE and I bonds until they mature. You can make a special election to pay tax on the interest as it accrues.
Most investors choose not to make this election. However, if you have little or no other taxable income during the years in which the bond is maturing, you may be better off electing to pay tax annually as the bond earns interest until it reaches maturity, since you will be paying taxes on annual interest at a lower tax rate.
Once you make the election to pay tax annually, the election applies to all Series EE and I bonds that you own for all future years. This means the election cannot be made on a bond-by-bond basis. The IRS has a special rule and you may be able to cancel your election in some circumstances.
Higher education expenses
If you buy Series EE bonds, you can exclude all the interest earned at maturity if you use the bond to pay for higher education expenses. Many, but not all, higher education expenses qualify. Check with your tax advisor.
Series HH bonds
You may have acquired a special type of bond, the HH bond, which cannot be purchased for cash. You obtain HH bonds in exchange for EE bonds. HH bonds pay interest semi-annually at a variable interest rate.
Interest is reportable when you receive it. However, there is one important exception. If you obtained HH bonds in exchange for EE bonds, on which you did not pay interest currently, interest continues to be deferred until the bond is redeemed or matures. HH bonds mature in 10 years.
Generally, if you do volunteer work for a charity, you are not entitled to deduct the cost of services you perform for the charity. However, if in connection with the volunteer work you incur out-of-pocket expenses, you may be entitled to deduct some of those expenses.
Q. I spend 20 hours every week cooking meals and delivering them to an organization that feeds the hungry and homeless. Am I entitled to a deduction for my time and the food I pay for out of my own money?
A. Generally, if you do volunteer work for a charity, you are not entitled to deduct the cost of services you perform for the charity. However, if in connection with the volunteer work you incur out-of-pocket expenses, you may be entitled to deduct some of those expenses.
Qualifying expenses
If the amounts that you pay for food and other supplies used in the preparation and packaging of the meals are not reimbursed by the charity, generally you may deduct these expenses as contributions to the charity.
In addition, if the amounts that you pay to travel by car or other means to deliver the meals are not reimbursed by the charity, and you derive no personal benefit from the travel, the expenses are deductible. Qualifying expenses include gasoline for your car and fares for taxis or public transportation.
Special mileage rate
If you drive your own vehicle to deliver the meals, you can use a special IRS mileage rate to calculate charitable contribution deductions involving use of your car. The standard mileage rate for charitable purposes, which is statutorily set, is 14 cents per mile.
Other expenses
Other out-of-pocket expenses incurred in connection with services you provide to a charity that are deductible include costs related to uniforms, travel, meals, and lodging. Sometimes, expenses incurred while serving as a charity's delegate to a convention may be deducted.
Keep receipts
If you take a deduction for out-of-pocket expenses you incurred incident to your performance of services for a charity, it is important to have receipts to document expenses. It is also a good idea to get a written acknowledgement from the charity for the services you provide.
