Tax planning

The Internal Revenue Service has announced a settlement initiative for executives and companies that participated in an abusive tax avoidance transaction involving the transfer of stock options or restricted stock to family-controlled entities. Under this scheme, executives, often facilitated by their corporate employers, transferred stock options to family-controlled partnerships and other related entities typically created for the sole purpose of receiving the options and avoiding taxes on compensation income normally taxed to the executive. The tax objective was to defer for up to 30 years taxes on the compensation, and the plan resulted, in many cases, in the corporation deferring a legitimate deduction for the same compensation. "These transactions raise questions not only about compliance with the tax laws, but also, in some instances, about corporate governance and auditor independence," said IRS Commissioner Mark W. Everson. "These deals were done for the personal benefit of executives, often at the expense of shareholders." Corporate executives who engaged in these transactions will have until May 23, 2005, to accept an IRS settlement offer to resolve their tax issues. The offer also extends to corporations that issued the options to executives and directors as part of their compensation. Under the terms of the settlement, participating executives must report 100 percent of the compensation and must pay interest and a 10 percent penalty. This is one-half of the maximum 20 percent applicable penalty. Corporations and executives must also pay appropriate employment taxes. The parties will be allowed to deduct out-of-pocket transaction costs, typically promoter and professional fees. Corporations will be allowed a deduction for the compensation expense reported by the executive. "I commend the IRS for resolving this matter," said Securities and Exchange Commission Chairman William Donaldson. "It is important that leaders in our capital markets avoid inappropriate conflicts of interest such as those described in the IRS's executive stock option initiative. The IRS's settlement initiative is a step forward in the effort to protect the integrity of our capital markets. We will continue to work closely with the IRS and other government agencies to fulfill our mandate." "I appreciate the IRS's effort to flush out the participants in this scheme," said Sen. Chuck Grassley, R-Iowa, the chairman of the Senate Finance Committee. "The agency plays a key role in enforcing a zero-tolerance approach to executive tax evasion. Executives are like other taxpayers. They have a duty to pay every penny they owe, not a penny more or a penny less."

A report by the Treasury Inspector General for Tax Administration absolves the procedures used by the Internal Revenue Service's Tax Exempt and Government Entities Division for reviewing political activities by exempt organizations. While many charities speak out on public issues, the code prohibits Section 501(c)(3) organizations from specific types of political activities. In response to media reports of allegations that the TE/GE Division was examining these types of activities just prior to the 2004 presidential election for politically motivated reasons, the IRS asked the TIGTA to investigate. "This report confirms what we've said all along," said IRS Commissioner Mark W. Everson. "Political considerations played absolutely no part in the inquiries we launched last summer." Everson said that recommendations in the report would be addressed by the IRS and would be in place for future election cycles.

The ambitious goal of having 80 percent of federal tax returns electronically filed by 2007, suggested by Congress in 1998 legislation, may not be out of reach.

Tax prep giant H&R Block has launched a new business employing CPAs to serve the needs of small business owners. After a test of the small business services concept in the Tampa, Phoenix and Atlanta markets, the company, based here, purchased 11 office locations from American Express Tax & Business Services to enter the market.

The 2006 budget reportedly will not address the hot-button issue of revamping or eliminating the controversial alternative minimum tax or other tax reforms, but will allow President George W. Bush's recently appointed tax reform panel to tackle them.According to Tax Analysts, the bipartisan tax reform panel is expected instead to examine tax reform options that will make the code simpler and fairer. The panel is supposed to make recommendations to Treasury Secretary John Snow by July 31.

The National Association for the Advancement of Colored People said that it is refusing to comply with an Internal Revenue Service request for documents that came as part of the agency's investigation into alleged improper political bias on the part of the civil rights group.The IRS is challenging the group's tax-exempt status because, it says, NAACP chairman Julian Bond made politically partisan remarks while speaking at the group's national convention in Philadelphia last July. The civil rights organization was charged in an Oct. 8 IRS document with "distributing statements in opposition of George W. Bush for the presidency."

The Joint Committee on Taxation has suggested over 60 options to close the $311 billion gap between taxes owed and collected. The report, requested by Sen. Chuck Grassley, R-Iowa, chairman of the Committee on Finance, and ranking member Sen. Max Baucus, D-Mont., consists of numerous revenue raisers, in addition to compliance provisions. The largest revenue raiser, to the tune of $164 billion, is a proposal to include in FICA wages salary reduction amounts used to provide benefits under a cafeteria plan or to provide qualified transportation fringe benefits.Proposals affecting individual income tax include a repeal of the exclusion for employer-provided care, making the dependent care credit the exclusive means for receiving tax benefits for dependent care expenses; a modification of the "kiddie tax" by increasing the age of children to which the kiddie tax provisions apply from under 14 to under 18; and a repeal of the deduction for interest on home equity indebtedness.

Tax practitioners preparing 2004 client business and self-employed returns are confronted with a bewildering maze of tax law changes, which in some cases can lead to mistakes.Significant changes affecting 2004 returns include multiple changes to depreciation and expensing, with new limits for sport utility vehicles, passenger automobiles, trucks and vans; bonus depreciation for qualified leasehold property; and newly redesigned Schedule K-1s for partnerships and S corporations.

Turnaround specialist Alvarez & Marsal has expanded its tax advisory unit, adding eight managing directors in several regional locations, and unveiling an office here.

At the inaugural meeting of President Bush's Advisory Panel on Federal Tax Reform, Treasury Secretary John Snow told the panel that, "The tax code is dreadfully murky in its complexity, but its size is clear and easy to see." "More than a million words long, the Internal Revenue Code and regulations has more than doubled in terms of page-length over the past 20 years, and today's 'short' income tax form takes more than 11 hours to prepare -- about the same as the 'long form' did a decade ago," Snow said. Former Senator Connie Mack, who serves as chairman of the panel, said that the group would "take a fresh look at the existing tax code and will formulate options for making the tax system simple, fair and productive." Former Internal Revenue Service Commissioner Fred T. Goldberg Jr., a partner at Skadden, Arps, Slate, Meagher & Flom LLP, presented a history of the income tax, concluding that we currently have "a grotesquely complicated system that distorts the allocation of resources and violates common-sense notions of fairness." Louis Kaplow, a professor of law and economics at Harvard Law School, explained the central concepts of an income tax and a consumption tax. William G. Gale, with the Brookings Institution and co-director of the Urban-Brookings Tax Policy Center, noted that it is a myth that the consumption tax is more effective at taxing the underground economy than the income tax is. He concluded that the income tax is a fair and proven mechanism for raising revenue, consistent with long-term economic growth. "While it could be improved, it should not be scrapped," he said. Stephen J. Entin, president and executive director at the Institute for Research on the 'Economics of Taxation, said that the fairest tax is proportional to income. Since deductions for costs are necessary to measure income properly, and saving is a cost of earning income, he argued, "The best measure of income is consumption. We should tax what we spend." Entin urged a fair, flat and unbiased neutral tax that would treat all savings like pensions and IRAs, end the double taxation of corporate income, and permanently eliminate the "death tax." The panel, charged with submitting a final report to the Treasury by July 31, 2005, will hold its next meeting March 3.

The Multistate Tax Commission, a cadre of some 47 state governments that works with taxpayers to administer tax laws applicable to multistate and multinational enterprises, said that it is conducting a search to replace long-time executive director Dan Bucks, who resigned. Bucks, 59, served with the MTC for 17 years before leaving to become head Montana's state revenue program. In the interim, René Blocker will serve as interim executive director. Under Bucks' leadership, the MTC expanded from 28 to its current roster of 47 states, increased the efficiency of its audit program, and played a key role in the commission's Streamlined Sales Tax Project. Individuals wishing to apply for the post must do so by Feb. 28, 2005. Information about the job is available at http://www.mtc.gov/CNTACTUS/ExecutiveDirectorRecruit.htm.

The Internal Revenue Service has designated "sale-in/lease-out" or "Silo" arrangements as abusive tax avoidance transactions. SILO arrangements are designed to exploit the tax law by shifting tax benefits from a tax-indifferent party that cannot use them to a taxpayer that can. Taxpayers entering into Silo arrangements cannot claim tax benefits as the purported owners of property subject to the lease because they do not acquire tax ownership of the property. In the American Jobs Creation Act of 2004, Congress enacted limitations on the deductibility of losses from future Silo transactions. In Notice 2005-13, the IRS says that it will challenge the purported tax benefits claimed by taxpayers entering into earlier Silo transactions. It further states that it will consider Silos to be "listed transactions," requiring taxpayers who enter into Silos to disclose their participation to the IRS. In addition, promoters of listed transactions must keep lists of investors and, in certain cases, register those transactions with the IRS. "I appreciate the Treasury Department's effort to shut down these abusive deals," said Sen. Chuck Grassley, R-Iowa, chairman of the Senate Finance Committee. "The department has done a very good job of going after bogus leasing shelters since the Finance Committee exposed them. Today's action complements our new law going after these deals. It reaches back to the deals that otherwise might have gotten away."

Former Senators Connie Mack and John Breaux, chairman and vice-chairman of the President's Advisory Panel on Federal Tax Reform, have scheduled the panel's first meeting for Feb. 16, 2005. Witnesses will be Fred T. Goldberg, a partner at Skadden, Arps, Slate, Meagher & Flom LLP, and a former commissioner of the Internal Revenue Service; Louis Kaplow, a professor of law and economics at Harvard Law School; William G. Gale, co-director of the Urban-Brookings Tax Policy Center; and Stephen J. Entin, president and executive director at the Institute for Research on the Economics of Taxation. Treasury secretary John Snow will also appear before the panel. "The president has tasked our panel with developing reforms to make the tax code simpler, fairer and more growth-oriented," said Senator Mack. "I look forward to the opportunity to hear from Secretary Snow as well as this distinguished group of experts as we begin the process of examining the problem and formulating solutions." "The current tax system is an unfair burden on Americans," added Senator Breaux. "When it takes the average taxpayer 11 hours to fill out the short tax form, something is wrong. This is a unique opportunity to work in a bipartisan effort and find ways to make the tax system serve Americans better." The witnesses will provide the panel with a historical overview of the current tax system and an understanding of how it evolved and where it is today. The panel will also hear background about tax systems. In particular, the witnesses will explain the difference between a tax on income and a tax on consumption, how the different bases impact the overall functioning of the tax system, and the advantages and disadvantages of each one in terms of simplicity, fairness and economic growth.

The Internal Revenue Service has certified the 2005 Honda Insight, Honda Civic Hybrid and Honda Accord Hybrid as eligible for the clean-fuel vehicle deduction. Taxpayers who purchase one of these hybrid vehicles new may claim a tax deduction of up to $2,000 on Form 1040. Under the recently signed Working Families Relief Act of 2004, the clean-burning fuel deduction is up to $2,000 for certified vehicles first put into service in 2004 and 2005. The deduction will be limited to $500 for vehicles placed in service in 2006, and no deduction will be allowed after 2006. The Tax Code allows individuals to claim a deduction for the incremental cost of buying a motor vehicle that is propelled by a clean-burning fuel. By combining an electric motor with a gasoline-powered engine, these hybrid vehicles obtain greater fuel efficiency and produce fewer emissions than similar vehicles powered solely by conventional gasoline-powered engines. This one-time deduction must be taken in the year the vehicle is originally used. The taxpayer must be the original owner. Individuals do not have to itemize deductions on their tax return to claim this deduction. The benefit can be taken as an adjustment to income on the Form 1040.

Unclaimed refunds totaling more than $2 billion are awaiting about 1.7 million people who failed to file an income tax return for 2001, according to the Internal Revenue Service. However, in order to collect the money, a return must be filed with the IRS no later than April 15, 2005. The IRS estimates that half of those who could claim refunds would receive more than $484. In some cases, individuals had taxes withheld from their wages or made payments against their taxes out of self-employed earnings, but had too little income to require filing a tax return. Some taxpayers may also be eligible for the refundable Earned Income Tax Credit. "The window is closing for 2001 refunds," IRS Commissioner Mark W. Everson said. "As soon as you send us your tax return, you'll get your money. But if you don't file, you won't get anything." In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity to claim a refund. If no return is filed to claim the refund within three years, the money becomes the property of the U.S. Treasury. For 2001 returns, the window closes on April 15, 2005. The law requires that the return be properly addressed, postmarked and mailed by that date. There is no penalty assessed by the IRS for filing a late return qualifying for a refund.

Super-regional CPA and consulting firm Virchow Krause has named Richard Shapland as director of international tax services, effective immediately. Shapland, who will be based in Chicago, comes aboard at Virchow Krause after serving as managing director of international taxes for Big Four firm Ernst & Young. At VK, Shapland will be responsible for all international and cross-border tax issues. International tax services is part of VK's International Services Group, a global services umbrella that provides revenue enhancement programs, marketing and business development, global project management, management consulting, compliance support, and strategic-sourcing programs. The firm ranked No. 18 on Accounting Today's 2004 Top 100 Firms list with revenues of $104.1 million.

The Public Company Accounting Oversight Board's plan to place new restrictions on the ability of accountants to offer tax services to their audit clients doesn't go far enough to restore investor confidence in financial reporting, critics of the accounting profession warned.

Tax prep conglomerate H&R Block and the Association of Community Organizations for Reform Now have teamed up in a partnership to help boost awareness of the Earned Income Tax Credit and to reduce filing costs for low-income taxpayers.

Although nearly 65 percent of Earned Income Tax Credit returns are prepared by paid preparers, the error rate is roughly the same as when the return is prepared by the individual, according to Internal Revenue Service spokesperson Nancy Mathis.

Long-awaited final Circular 230 regulations, issued Dec. 17, 2004, govern the latest set of standards on attorneys, accountants and other professionals providing not only tax shelter opinions but also tax advice in general. It is how these standards relate to general tax advice that concerns the vast majority of tax practitioners. These regs are part of a multi-pronged effort on the part of the Internal Revenue Service to deter the involvement of promoters, advisors and investors in abusive transactions.