The IRS launched a digitally authenticated Tax Compliance Report available through the IRS Individual Online Account. Taxpayers can obtain and download the report when applying for a job, a loan, a go...
The 2026 interest rates to be used in computing the special use value of farm real property for which an election is made under Code Sec. 2032A were issued by the IRS.In the ruling, the IRS lists th...
The IRS has announced a new Office of Conservation Easements to improve how conservation easement cases are handled and to provide more consistent tax administration. The new office will bring togethe...
The IRS and Security Summit partners reminded tax professionals to protect client data with a Written Information Security Plan. Under the Gramm-Leach-Bliley Act, tax and accounting professionals are ...
The IRS has reminded taxpayers to be careful when making charitable donations because scams can lead to financial loss and incorrect tax deductions. The agency said scammers often create fake charitie...
The IRS has reminded taxpayers who make charitable donations to keep complete and organized records of their contributions throughout the year. The agency said good records can make filing a tax retur...
The IRS has added new features to its Business Tax Account (BTA) to help eligible businesses and organizations manage their federal tax responsibilities online. The agency said users can now view mo...
The IRS has highlighted the important role of whistleblowers in exposing fraud, reducing the tax gap and strengthening compliance. The National Whistleblower Day, on July 20, commemorates the nation...
The IRS has announced an increase in the optional standard mileage rate for the remainder of 2026. Optional standard mileage rates are used by employees, self-employed individuals, and other taxpayers...
The IRS has updated the applicable percentage table used to calculate an individual’s premium tax credit and required contribution percentage plan years beginning in calendar year 2027. The percenta...
Final regulations under Code Sec. 2056A have been adopted, applicable specifically to the estates of decedents that are passing property in a qualified domestic trust (QDOT) to (or for the benefit o...
The IRS has reminded businesses that seasonal and part-time employees must generally follow the same federal tax withholding, Social Security and Medicare tax rules as full-time employees. The agency ...
The IRS has advised newly married couples to update their tax information before the next tax filing season. The agency said marriage can change a couple's taxes, so taking a few simple steps now can ...
The IRS has reminded taxpayers that they have the right to question an IRS decision if they believe it is incorrect. This right is part of the Taxpayer Bill of Rights and helps make sure taxpayers a...
The National Taxpayer Advocate has released the Fiscal Year 2027 Objectives Report to Congress, concluding that the IRS generally conducted a successful 2026 filing season despite significant operatio...
Michigan has updated its Streamlined Sales and Use Tax (SST) Agreement taxability matrix and certificate of compliance. The changes are effective August 1, 2026. Taxability Matrix: Tax Administrative...
NEW YORK—The Internal Revenue Service needs to find ways to better communicate how it is handling technology modernization and transformation, including in areas such as the use of artificial intelligence in its processes, agency Office of Internal Consulting Chief Joseph Zeigler said.
NEW YORK—The Internal Revenue Service needs to find ways to better communicate how it is handling technology modernization and transformation, including in areas such as the use of artificial intelligence in its processes, agency Office of Internal Consulting Chief Joseph Zeigler said.
Speaking during a plenary session August 18, 2026, at the IRS Nationwide Tax Forum, Zeigler said it is his “hope that the IRS is going to a better job of telling this story” about how the agency is using technology to help improve its operations and make lives easier for taxpayers and the tax professionals who assist them.
As an example, Zeigler specifically highlighted some of the work the agency is doing with AI.
“When we talk about AI, AI is not meant to replace bodies or people and computers doing the work and there is no human input,” he said. Rather it is about how the IRS “can give our employees tools and resources [and] technology to make them better, more efficient” and improve the quality of their work. “All of those things is what I believe that AI and technology were meant for.”
He continued: “It’s taking our world-class employees and putting them on steroids, giving them the ability to come to the right answer sooner.”
And at the end is the ultimate goal of making the taxpayer experience that much better and more in line with what they expect from their customer interactions with the private sector.
“If we can come to an answer that right the first time, and we can come to it quick, and we can report it to the taxpayer [and say] here’s what’s going on,” he said. “All those things are at our fingertips.”
The IRS issued guidance in the form of sample forms and proposed rollover procedures to simplify, standardize, and expedite the completion of direct rollovers to or from a retirement plan. The guidance is designed to comply with Section 324 of the SECURE 2.0 Act (P.L. 117-328). Use of the sample forms and proposed rollover procedures is optional.
The IRS issued guidance in the form of sample forms and proposed rollover procedures to simplify, standardize, and expedite the completion of direct rollovers to or from a retirement plan. The guidance is designed to comply with Section 324 of the SECURE 2.0 Act (P.L. 117-328). Use of the sample forms and proposed rollover procedures is optional.
The IRS indicates that these sample forms are not inftended to be used for rollovers and transfers between IRAs. According to reports made by the Government Accountability Office and the IRS's conversations with IRA stakeholders, IRA-to-IRA transfers are already completed through an electronic transfer system that is considered uniform and efficient.
The guidance includes:
- (1) a proposed rollover procedure;
- (2) the participant's rollover request form;
- (3) the receiving plan's request to the distributing plan;
- (4) the distributing plan's rollover certification; and
- (5) the receiving plan's rollover acceptance.
The IRS is considering additional guidance to facilitate rollovers. Guidance under consideration includes: (1) eliminating the safe harbor that allows plans to send paper checks to participants to complete a direct rollover; (2) requiring administrators and trustees to complete rollovers via electronic transfers or paper checks sent directly to the receiving plan; and (3) providing for new safe harbors based on the use of sample forms.
The IRS and Treasury have announced their intension to propose regulations relevant to Code Sec. 6433 and the SECURE 2.0 Act of 2022 (P.L. 117-328). For tax years beginning after December 31, 2026, Code Sec. 6433 allows certain low- and moderate-income individual taxpayers who have made qualified retirement savings contributions to receive matching contributions of up to $1,000 as saver’s match contributions.
The IRS and Treasury have announced their intension to propose regulations relevant to Code Sec. 6433 and the SECURE 2.0 Act of 2022 (P.L. 117-328). For tax years beginning after December 31, 2026, Code Sec. 6433 allows certain low- and moderate-income individual taxpayers who have made qualified retirement savings contributions to receive matching contributions of up to $1,000 as saver’s match contributions.
Background
On April 30, 2026, President Trump issued an executive order to (1) increase public awareness of saver’s match contributions; (2) facilitate participation in eligible retirement savings vehicles; and (3) establish a website that informs about high-quality, low-cost IRAs and taxpayers without an employer-sponsored retirement plan. These taxpayers include independent contractors.
Saver’s Match Contributions vs Saver’s Credit
For tax years beginning after December 31, 2026, Saver’s Match contributions would replace the Saver’s Credit under Code Sec. 25B. This would apply to elective contributions, qualifying retirement plans and IRAs.
However, the Saver’s Credit would continue to be available after December 31, 2026, with respect to contributions made to ABLE accounts under Code Sec. 529A. Saver’s match contributions would be claimed on a new (unpublished) Form 8880-A, Saver’s Match for Qualified Retirement Savings Contributions.
Eligibility
Individual taxpayers who make qualified retirement savings contributions could be eligible for a Saver's Match contribution based on those contributions. The contributions to a new or already-existing IRA after the end of a tax year could be made until the tax filing deadline. The contributions should be designated as being made for the prior tax year.
Tax Status
An eligible individual taxpayer’s saver’s match contribution directly paid by the Treasury to a retirement plan is generally treated as an elective deferral made by the individual taxpayer. The contribution is not taken into account for any elective deferral and catch-up limitations that apply to Code Secs. 401(k), 403(b), or governmental 457(b) plans.
Comments Requested
The Treasury Department and the IRS request comments on the issues addressed on or before October 5, 2026. Comments can be submitted electronically via the Federal eRulemaking Portal at www.regulations.gov.
The Treasury Department and IRS have issued initial guidance on the employer credit under Code Sec. 45S for premiums paid on family and medical leave insurance as provided by the One Big Beautiful Bill Act (OBBBA) (P.L. 119-21). Beginning in 2026, an employer may elect to determine the credit based on premiums paid or incurred during the tax year with respect to an insurance policy that provide such leave instead of based on wages paid to a qualifying employee during paid family and medical leave. The Treasury intends to issue proposed regulations that include this guidance.
The Treasury Department and IRS have issued initial guidance on the employer credit under Code Sec. 45S for premiums paid on family and medical leave insurance as provided by the One Big Beautiful Bill Act (OBBBA) (P.L. 119-21). Beginning in 2026, an employer may elect to determine the credit based on premiums paid or incurred during the tax year with respect to an insurance policy that provide such leave instead of based on wages paid to a qualifying employee during paid family and medical leave. The Treasury intends to issue proposed regulations that include this guidance.
Premium Method for Credit
The credit may be claimed under the premium method beginning in 2026 only to the extent the insurance premium funds a benefit that would be creditable under the wage method. Thus, the premium must be for insurance coverage with respect to leave that is:
- paid family and medical leave as defined under the Family Medical Leave Act (FMLA), or required by state local law or paid for by a state or local government,
- payable to an individual who is a qualifying employee of the employer at the time the premium is paid or incurred, and
- provides a benefit that would constitute wages to the employee.
In the case of a premium paid or incurred for an insurance policy that provides both creditable coverage and noncreditable coverage, the employer must allocate the premium between the creditable coverage and the noncreditable coverage using any reasonable method. For example, a blended premium would be a premium for coverage that provides both qualifying paid family and medical leave and other types of leave, or coverage for qualifying employees and nonqualifying employees.
An employer may calculate the tax credit using both the wage method with respect to certain leave and the premium method with respect to other leave. However, an employer may not use the wage method to claim a credit for wages paid to the extent that the employer claims a credit using the premium method for creditable coverage that funds such benefits (or vice versa).
The IRS updated frequently asked questions (FAQs) for qualified overtime compensation. The FAQs update guidance on (1) the qualified overtime compensation deduction; (2) coverage and exemptions under the Fair Labor Standards Act (FLSA); (3) Form W-2, Form 1099-MISC, and Form 1099-NEC requirements; and more.
The IRS updated frequently asked questions (FAQs) for qualified overtime compensation. The FAQs update guidance on (1) the qualified overtime compensation deduction; (2) coverage and exemptions under the Fair Labor Standards Act (FLSA); (3) Form W-2, Form 1099-MISC, and Form 1099-NEC requirements; and more.
Qualified Overtime Compensation Deduction
The deduction is up to $12,500 of qualified overtime compensation earned for the year per individual tax return. It is $25,000 for joint return. The deduction is reduced if a taxpayer’s modified adjusted gross income (MAGI) for the tax year exceeds $150,000, and $300,000 for joint filers.
Coverage and Exemptions Under FLSA
The IRS noted that overtime under the FLSA must be paid to individual taxpayers who are (1) covered by the FLSA; and (2) not exempt from the FLSA’s overtime requirement. Ineligible taxpayers would not receive qualified overtime compensation regardless of other laws or circumstances. Employees who are exempt from the FLSA’s overtime requirement include teachers, academic administration personnel, employees of certain seasonal amusement or recreational establishments and more.
Employee-owners of businesses are not FLSA overtime-eligible employees. An employee who owns at least a bona fide 20-percent equity interest in the enterprise in which they are employed is ineligible.
Reporting Requirements
Starting in tax year 2026, payors and employers are required to separately report qualified overtime compensation on a Form 1099-MISC, Form 1099-NEC or Form W-2. Independent contractors would only report qualified overtime compensation on a Form 1099- MISC or Form 1099-NEC.
The Fifth Circuit Court of Appeals held that the original public meaning of "limited partner" in Code Sec. 1402(a)(13) is a partner who plays no significant role in managing or running a business. The court rejected the "passive investor" rule followed by the IRS and the Tax Court in Soroban Capital Partners LP (Dec. 62,310). The Fifth Circuit also withdrew its prior opinion in Sirius Solutions, L.L.L.P. (this was the prior name of the limited liability limited partnership in this litigation).
The Fifth Circuit Court of Appeals held that the original public meaning of "limited partner" in Code Sec. 1402(a)(13) is a partner who plays no significant role in managing or running a business. The court rejected the "passive investor" rule followed by the IRS and the Tax Court in Soroban Capital Partners LP (Dec. 62,310). The Fifth Circuit also withdrew its prior opinion in Sirius Solutions, L.L.L.P. (this was the prior name of the limited liability limited partnership in this litigation).
Background
A limited liability limited partnership operated a business consulting firm, and was owned by several limited partners and one general partner. For the tax years at issue, the limited partnership allocated all of its ordinary business income to its limited partners. Based on the limited partnership tax exception in Code Sec. 1402(a)(13), the limited partnership excluded the limited partners’ distributive shares of partnership income or loss from its calculation of net earnings from self-employment during those years, and reported zero net earnings from self-employment.
The IRS adjusted the limited partnership's net earnings from self-employment, and determined that the distributive share exception in Code Sec. 1402(a)(13) did not apply because none of the limited partnership’s limited partners counted as "limited partners" for purposes of the statutory exception. The Tax Court upheld the adjustments, stating it was bound by Soroban.
Limited Partners and Self Employment Tax
Code Sec. 1402(a)(13) excludes from a partnership's calculation of net earnings from self-employment the distributive share of any item of income or loss of a limited partner, as such, other than guaranteed payments in Code Sec. 707(c) to that partner for services actually rendered to or on behalf of the partnership to the extent that those payments are established to be in the nature of remuneration for those services.
In Soroban, the Tax Court determined that Congress had enacted Code Sec. 1402(a)(13) to exclude earnings from a mere investment, and intended for the phrase "limited partners, as such" to refer to passive investors. Thus, the Tax Court there held that the limited partner exception of Code Sec. 1402(a)(13) did not apply to a partner who is limited in name only, and that determining whether a partner is a limited partner in name only required an inquiry into the limited partner's functions and roles.
No Significant Role in Management
The Fifth Circuit stated that the backdrop against which Congress enacted Code Sec. 1402(a)(13) in 1977 suggested that some participation is allowed, so long as the partners do not exercise control over the business, and that the plain text of the statute points towards this conclusion. The court observed that all relevant sources suggested that when the statute was enacted, the ordinary public meaning of"limited partner" included a partner who did not play a significant role in managing or running the business.
The Fifth Circuit rejected the Tax Court’s Soroban decision, which held that that the term "limited partner" could refer only to passive investors. The court stated that the Tax Court had selected a rule that was divorced from statutory text and that appeared to prohibit even the most minor involvement in corporate affairs. In the Fifth Circuit's view, it would have been understood at the time Congress enacted Code Sec. 1402(a)(13) that a limited partner could not manage the partnership, but perhaps could participate in certain nonmanagerial aspects of the business.
The court also stated that the Soroban decision could not be squared with decades of IRS-approved guidance insisting that what mattered was limited liability alone. The court characterized the IRS's position to be that it could change the meaning of "limited partner" from "limited liability alone" to the "passive investor" standard with no action from Congress to amend the text of Code Sec. 1402(a)(13). Even assuming that the IRS could unilaterally effectuate such changes through tax instructions, the court stated that the IRS's instructions must comport with the original public meaning of the text enacted by Congress.
Withdrawing Sirius Solutions, L.L.L.P., CA-5, 2026-1 ustc ¶50,109, and vacating and remanding an unreported Tax Court opinion.
K Alain, L.L.L.P., CA-5
The IRS has issued final regulations that clarify when backup withholding applies to payments made in settlement of third party network transactions. The final rules reflect amendments to Code Secs. 6050W and 3406 made by the One Big Beautiful Bill Act (OBBBA) (P.L. 119-21), and apply to payments made in calendar years beginning after December 31, 2024.
The IRS has issued final regulations that clarify when backup withholding applies to payments made in settlement of third party network transactions. The final rules reflect amendments to Code Secs. 6050W and 3406 made by the One Big Beautiful Bill Act (OBBBA) (P.L. 119-21), and apply to payments made in calendar years beginning after December 31, 2024.
Under the de minimis payment rule of Code Sec. 6050W(e) for information reporting purposes, a third party settlement organization (TPSO) must report payments made in settlement of third party network transactions to a payee only if the payments exceed $20,000 and 200 transactions in a calendar year. The final regulations align the backup withholding obligations under Code Sec. 3406 with this reporting threshold.
A payment will be considered a reportable payment subject to backup withholding only if both the $20,000 and 200 transaction thresholds are exceeded during the calendar year. The amount subject to backup withholding includes the entire amount of the transaction that causes either threshold to be breached, whichever occurs later, and the amount of any subsequent transactions made to the payee during the same calendar year. Further, if the TPSO made payments in settlement of third party network transactions to the payee in the previous calendar year that were reportable payments under the backup withholding rules, the de minimis exception to backup withholding would not to payments made to that payee in the current calendar year.
Participating Payees
In the preamble to the Treasury Decision, the Treasury Department and the IRS used the opportunity to clarify that de minimis TPSO reporting and the backup withholding thresholds apply with respect to each participating payee, as defined by Code Sec. 6050W(d)(1).
The Financial Crimes Enforcement Network (FinCEN) has issued a final rule that permanently removes the requirement that U.S. companies and U.S. persons must report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act. The final rule adopts, with limited changes, an interim final rule issued on March 26, 2025, that narrowed the BOI reporting requirements.
The Financial Crimes Enforcement Network (FinCEN) has issued a final rule that permanently removes the requirement that U.S. companies and U.S. persons must report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act. The final rule adopts, with limited changes, an interim final rule issued on March 26, 2025, that narrowed the BOI reporting requirements.
The Corporate Transparency Act (CTA) was enacted in 2021 as part of the broader Anti-Money Laundering Act of 2020. Its reporting requirement had been characterized as an important step in the fight against money laundering, financing of terrorism, proliferation financing, serious tax fraud, human and drug trafficking, counterfeiting, piracy, securities fraud, financial fraud, and acts of foreign corruption.
In late 2024 and early 2025, however, several federal district courts preliminarily enjoined FinCEN from implementing and enforcing the reporting rule. The Treasury Department announced in March 2025 that it was suspending enforcement of the CTA and its reporting requirements against U.S. citizens, domestic reporting companies, and their beneficial owners, and issued the interim final rule.
BOI Reporting Exemptions
The final rule:
- adopts exemptions that make the rollback of beneficial ownership reporting by U.S. companies permanent,
- exempts foreign pooled investment vehicles registered in the United States from reporting the BOI of a U.S person in control of the investment vehicle, and
- confirms that FinCEN will delete information about any individual that it reasonably believes is a U.S. person (for example, information that is linked to a U.S. passport or U.S. driver's license).
The final rule also makes substantive changes that expand on the relief in the interim final rule, by:
- exempting foreign companies from the requirement to report U.S. person “company applicants” (i.e., the individuals who helped those foreign companies register to do business in the United States), and
- exempting U.S. persons who have applied for FinCEN Identifiers (FinCEN IDs) from having to update or correct the information they provided to FinCEN when they applied.
Foreign entities that are reporting companies are still required under the final rule to report BOI for foreign individuals.
FinCEN has also issued answers to frequently asked questions on the final rule.
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.
