Archive for October 2009

Shulman: ‘Big Shift’ Possible in Preparer Standards, But No Details Yet

October 28, 2009

IRS Commissioner Douglas Shulman discussed return preparer standards, enforcement in a globalized economy and a new IRS initiative focused on high-wealth individuals’ tax compliance during a speech to the AICPA’s National Tax Conference in Washington on Monday.

Return Preparer Oversight

In June, Shulman announced during a hearing of the House Ways and Means Oversight Subcommittee that the IRS would review its supervision of tax return preparers. In his speech Monday, Shulman said the goals of the review are to “ensure that taxpayers who use a return preparer receive competent, professional and ethical service.”

 The IRS held public forums and meetings on the topic over the summer. Shulman told the conference attendees that he saw several areas of consensus coming out of those meetings. First, he said, “the status quo is not optimal. Unethical and unqualified preparers can inflict tremendous harm on taxpayers and hurt the integrity of the tax system.”

 The second area of consensus, according to Shulman, was that “we need to find a way to ensure that return preparers demonstrate their competency.” The third point was that “return preparers must maintain competency through ongoing education programs.”

 Shulman acknowledged that the outcome of the review “could represent a big shift for the tax return preparer community.” However, he did not announce what that outcome would be.

 Globalization

Next, Shulman addressed the topic of globalization of tax administration and the IRS’ focus on international tax issues. He said the IRS is focusing on two angles: (1) Ensuring that taxpayers do not use international capital markets and tax code complexities to “push tax planning beyond acceptable bounds”; and (2) ensuring that U.S. taxpayers pay the taxes they owe on overseas assets.

 Shulman reviewed the results of the IRS’ recently ended voluntary disclosure program for taxpayers with overseas accounts who had not complied with foreign bank account reporting (FBAR) requirements. Shulman said that more than 7,500 people had come forward, including some with accounts in excess of $100 million. He promised that the IRS would be “scouring” the information from people who came forward under the voluntary disclosure program to “identify financial institutions, advisers and others who promoted or otherwise helped U.S. taxpayers hide assets and income offshore.”

 

Shulman warned that the IRS will increase its scrutiny of FBAR filings. He announced that the IRS is opening international criminal investigation offices in Beijing, Panama City and Sydney.

 

High-Wealth Taxpayers

Shulman also announced the formation of a global high-wealth industry group within the IRS’ Large and Mid-Size Business (LMSB) division. This group will centralize and focus the IRS’ compliance efforts involving high-wealth individuals and their businesses. It will allow the IRS to take a unified look at all the business enterprises controlled by a high-wealth individual and better understand that individual’s entire economic picture. While the group will be housed in the LMSB, its mission will necessarily touch upon other IRS operating divisions, Shulman said, because one wealthy individual’s complex financial arrangements may include entities that fall under various IRS divisions.

 

Shulman said the IRS has already started hiring agents and some specialists for this new group. It will start with a small number of examinations using an enterprise or integrated approach. He anticipates the group will grow in the future.

 

Year-end tax moves to make now. Right now

October 27, 2009

Be sure to take advantage of these money-saving gems – before time runs out.

By Carolyn Bigda, Money Magazine
October 27, 2009: 4:43 AM ET

(Money Magazine) — There’s plenty to distract you from financial planning this time of year, from cheering on your favorite football team to daydreaming about Thanksgiving dinner. But you don’t want to let some end-of-year deadlines slip by without taking steps to minimize taxes and maximize savings. Especially in this economic climate, a little extra cash can go a long way.

And there’s more cash on the table than usual this year. The government’s stimulus package is loaded with incentives to motivate people to make certain big-ticket purchases — but the deals will run out soon.

So if you were thinking of buying a car or appliance, it might make sense to move those purchases up a few months. In terms of the savings, “it’s now or never,” says Bob Meighan, vice president of TurboTax.

DVR the game, and take a bit of time to make these moves now. You’ll start 2010 with more to be thankful for.

Snag tax breaks

If you’re in the market for — or have already bought — a car or a home, don’t miss these tax incentives courtesy of the stimulus package.

New-car sales tax deduction. You can deduct state and local sales tax paid on a new set of wheels purchased this year (between Feb. 17 and Dec. 31), regardless of whether you itemize. The deduction is limited to the first $49,500 of a vehicle’s price, and the break begins to phase out for singles with modified adjusted gross income of $125,000, or couples with $250,000. If you buy and register a 2010 Honda Accord in Chicago for a base price of $21,055, you would reduce your taxable income by $1,948 (based on a 9.25% sales tax).

First-time homebuyer credit. Since a credit is directly subtracted from the taxes you owe, the first-time homebuyer credit could put up to $8,000 back into your pocket if you bought a house this year. To qualify, you must not have owned a principal residence in the past three years.

Your modified AGI must be $75,000 or less if single, $150,000 or under if married. Plus, closing and title transfer must be completed by Nov. 30. (If you can’t make the deadline, you may have another shot; bills to extend the credit have been introduced into the Senate.)

Replace old appliances

Thinking about buying a more energy-efficient furnace this winter? Congress has earmarked nearly $300 million in rebates for new “green” appliances. The rebates will typically range from $50 to $250 and take effect as early as the end of this year (dates, amounts, and method of redemption will vary by state).

While there’s no deadline per se, the offer operates like this year’s “cash for clunkers” program. “When the money is gone, the program will be over,” says Meighan of TurboTax. To find out when rebates start and what they’ll cover, go to energystar.gov (click on Tax Credits for Energy Efficiency).

Reap your losses

Even with the market’s rally this year, the S&P 500 is still down 32% from its 2007 peak. So you probably still have losses in your portfolio. Take advantage of them and the chance to get rid of deadbeats.

If you sell a stock, bond, or fund in a taxable account for less than you paid, you can use the losses to offset your gains. Have more losses than gains? The IRS lets you deduct up to $3,000 in remaining losses from ordinary income. The rest can be used on future returns.

You can’t buy the same investment or one that is “substantially identical” within 30 days before or after the sale. (Otherwise, it’s considered a “wash sale,” and the loss is disqualified.) So you can’t, for example, swap S&P 500-tracking funds. But you can switch to a fund following another index (even a total stock index), and trading one actively managed fund for another is okay. “Presumably, the managers don’t pick the same stocks,” says wealth manager Chuck Roberson of Old Tappan, N.J.

Prep for the AMT

For once Congress passed its alternative minimum tax (AMT) “patch” early in the year, raising the income exemption on this parallel tax structure to $46,700 for singles and $70,950 for marrieds. Generally, higher earners must compute their tax bill using both the traditional code and the AMT, which disallows certain deductions and credits — then pay the higher. The patch is necessary because the AMT, which was intended to keep the wealthy from abusing tax breaks, is not tied to inflation.

The new exemption levels are similar to those for 2008. So if you were stuck last year, you’ll probably be stuck this year, says New York City CPA and tax attorney Alan Straus. It’s not easy to get out of the AMT trap, but some strategic end-of-year moves may help.

Since big deductions can tip you into the AMT zone, limit what you plan to write off. For example, don’t prepay fourth-quarter estimated taxes to your state, which you can deduct on your federal returns, in December. Wait till January.

Also, try reducing your income in order to make the most of your exemption: Max out your 401(k)s. Ask your boss to put off any bonus (ha!) until early next year. And if you’re self-employed, hold off on sending invoices.

(And if what you do now fails to get you off the hook, there’s still some potential for relief: As part of the stimulus package, Congress is allowing AMT payers this year to take tax breaks normally disallowed, such as child- and dependent-care credits.)

Give gifts

As always, send in donations to charitable organizations by the end of December if you want to deduct the gifts on your 2009 tax return. Also, this is the last year you can do a direct rollover from an IRA to a tax-exempt organization.

The 2008 Emergency Economic Stabilization Act lets you give up to $100,000 if you’re 70½ or older. You won’t owe federal income tax on the money (though you can’t take a deduction).

Speaking of estate-minimizing strategies: Remember that you can give up to $13,000 per recipient tax-free this year (a couple can give $26,000). That should make somebody’s holidays especially happy.  To top of page

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The Incredible Shrinking Estate Tax

October 26, 2009

by Bob Williams on Thu 22 Oct 2009 08:00 AM EDT
The estate tax is only a faint shadow of its former self. In 2009, less than one-quarter of one percent of deaths—just 5,500 decedents—will leave taxable estates, the smallest percentage since at least the Great Depression. In part, that tiny fraction reflects the current recession’s devastation of assets—the Fed estimates that the total value of household and nonprofit assets fell by about one-sixth between 2007 and the first quarter of 2009. But changes in estate tax rules over the past decade have played a much larger role than economic swings.

The Economic Growth Tax Relief and Reconciliation Act of 2001 (EGTRRA), best known as the Bush tax cuts, phases the estate tax out over a decade. The act raised the effective exemption incrementally from $675,000 in 2001 to $3.5 million in 2009 and dropped the top tax rate from 55 percent to 45 percent. The levy disappears entirely in 2010, only to return in 2011 under pre-EGTRRA law—a $1-million exemption and 55-percent top rate. The Obama administration has proposed making the 2009 parameters permanent and indexing them for inflation. Others would set a higher exemption and a lower tax rate.

So what’s happened?

For decades before 1976, only estates worth $60,000 or more owed estate tax. That threshold remained constant in nominal terms, so more and more estates had to pay the tax as economic growth and inflation boosted household wealth. In 1943, just under 1 percent of deaths led to estate tax payments; by 1976, that share had grown to 7.65 percent (see graph).

Congress doubled the effective exemption to $120,000 in 1977 and raised it gradually to $600,000 in 1987, where it stayed for ten years. As the exemption rose, the share of estates owing tax fell to just 0.9 percent in 1987 before growing again because of the fixed exemption. In 1997, when a bit more than 2 percent of estates owed tax, Congress again enacted a series of increases in the exemption that would have reached $1 million in 2006. Deaths resulting in estate tax liability stabilized until EGTRRA set off the latest inexorable drop in taxable estates.

So what’s next? The share of estates owing tax is scheduled to drop to zero in 2010, thanks to the one-year repeal. Except Congress won’t let that happen. Smart money says Congress will extend the 2009 law for 2010—a $3.5-million exemption and a 45-percent tax rate—and then consider a permanent fix when they deal with the scheduled 2011 sunset of almost all of the Bush tax cuts. Senators John Kyl (R-Az) and and Blanche Lincoln (D-AR) want to shrink the tax below its 2009 level—they want a $5-million exemption and a 35-percent tax rate.

Few lawmakers now call for total repeal, though such a proposal would surely get lots of votes. Opinion polls show significant numbers of voters saying they would more likely vote for a candidate who favors repeal. Maybe they all think they’ll win the lottery or their next great idea will become another Google. In the real world, we’re spending a lot of time worrying about a tax that fewer than three in a thousand of us will pay. And, when we do, we’ll be dead.

Estate Tax Graph

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U.S. should scale back tax imperialism

October 22, 2009

U.S. should scale back tax imperialism
Obama is expanding an already tough policy of taxing worldwide income, but he could be laying the groundwork for a global backlash.
By Jeffrey Goldfarb, breakingviews.com
October 7, 2009: 12:28 PM ET

(breakingviews.com) — President Barack Obama wants the world to forget about his predecessor’s unilateral approach in international affairs. But imperialistic U.S. tendencies haven’t slowed in at least one important area: taxation.

The U.S. is already unusual in taxing its citizens on their worldwide income, even if they live or work elsewhere. Tax treaties and complex rules help reduce the cash burden — the same income is not supposed to be taxed in two countries — but compliance is often a nightmare.

Now the government is trying to increase tax revenue from its globe-trotting citizenry. Recent proposals would tax more instruments, including equity swaps. The U.S. government is also trying hard to get more from U.S.-based global companies — while Japan and the U.K. are going in the opposite direction.

The U.S. is asking foreigners to help chase tax dodgers. It is expanding the reach of the “qualified intermediary” system, which enlists foreign financial institutions to make sure Americans report all their income to the Internal Revenue Service.

In the face of all this pressure, some Americans abroad might want to shake off the taxman by surrendering their U.S. citizenship. But a relatively new exit tax can be costly for high earners, and doesn’t even provide a full escape. Some assets and subsequent gifts can still be taxed. Not even dying far from home is enough to outrun the long arm of the IRS. Overseas inheritors of U.S. securities can be hit with inheritance tax.

The U.S. claims the moral high ground on taxes. But to some foreigners, the combination of a crusade against foreign tax havens and the insistence that overseas companies help with American tax collection shows “breathtaking moral duplicity”. Those were the words used by Wegelin & Co., a Swiss private bank, as it bid adieu to its U.S. customers.

Not everyone would go that far. But Julius Baer, another Swiss bank, said it can live without U.S. clients and the UK’s Lloyds has started ditching some of its American customers. Brazil has included the U.S. states of Delaware and Wyoming as tax havens, because of their low costs and even lower disclosure requirements. Luxembourg’s prime minister has joined in, calling for the two to be put on the OECD tax blacklist.

As yet, these are isolated complaints. But if Obama keeps on his tax crusade — without attacking domestic abuses — he could face a damaging global backlash.

IRS Releases Annual Inflation Adjustments, Many Unchanged for 2010

October 17, 2009

IRS Releases Annual Inflation Adjustments, Many Unchanged for 2010

Oct. 16, 2009
The IRS has released its annual revenue procedure updating the tax bracket amounts and making inflation adjustments for various credits and other tax items (Revenue Procedure 2009-50). Because inflation has been minimal, many of the numbers are unchanged from 2009 or have only been adjusted slightly. The Social Security Administration also announced that the Social Security wage base will remain unchanged for 2010, at $106,800.

For tax years beginning in 2010, the standard deduction amounts are as follows: unmarried taxpayers, $5,700; married taxpayers filing jointly, $11,400; married taxpayers filing separately, $5,700; and heads of households, $8,400. For dependents, the standard deduction cannot exceed the greater of $950 or the sum of $300 plus the individual’s earned income.

Also updated are amounts for the kiddie tax; the earned income credit; the child tax credit; the adoption credit; the Hope scholarship, lifetime learning, and the new American opportunity credits; and more than 30 other items.

The IRS also announced that the annual benefit limit for defined benefit plans will remain unchanged at $195,000 for 2010. The annual benefit limit for defined contribution plans will also stay the same for 2010, at $49,000.

Monthly SS will not automatically increase in 2010

October 16, 2009

Monthly Social Security and Supplemental Security Income (SSI) benefits will not automatically increase in 2010 as there was no increase in the Consumer Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009. Other important 2010 Social Security information is as follows

IRS Steps Up Witch Hunt for Secret Offshore Bank Accounts

October 15, 2009

Oct. 15 (originally reported by Bloomberg) — The IRS is intensifying its hunt for secret offshore banking, opening offices in Beijing, Sydney and Panama City after more than 7,500 Americans revealed undeclared accounts in 70 countries on six continents.

Internal Revenue Commissioner said yesterday Americans scared into coming forward before today’s deadline, which was manufactured to create a ‘false urgency’ on behalf of the sheep, have revealed accounts ranging in value from $10,000 to more than $100 million. The partial amnesty won’t be extended, he said, however then mumbled something like ‘again’, and winked and nudged this reporter.

Americans with undeclared offshore accounts have been under growing pressure since the US began inundating the media with stories of ‘cracking down’. In addition, in August, Switzerland agreed to hand over as many as 4,450 UBS AG accounts, from people who “didn’t matter” to settle a lawsuit in which the U.S. had sought as many as 52,000 accounts. (It has been revealed by UBS sources close to the matter that the list of 4450 accounts includes primarily widows, dentists, and the deceased — no bankers executives of fortune 500 companies with political contribution funds or politicians themselves have been included in the list.)

IRS Commissioner Shulman continued, “We’re going to be scouring the 7,500 disclosures to identify financial institutions, advisers and others who helped these serfs….uh i mean ‘taxpayers’ act like corporations,” the Commssioner said during a propoganda call with reporters. “This entire effort is not just about UBS and a single country.”

It isn’t yet known how much overlap might exist between the 4,500 names that UBS will eventually provide and the 7,500 people who have come forward to the IRS, Shulman said. However, great care went into properly informing those “in the know” that they were safe.

As part of its efforts to defraud and bully the American public into ‘compliance’, the IRS also intends to hire more than 800 new thugs in the next year and add staff to eight existing overseas offices, including Hong Kong and Barbados. “After all,” the Commissioner continued, “we’ve got to extract money from expats as well as just citizens. You don’t think you escape the long arm of the IRS just by leaving the country’s confines. Oh no. You were born into tax-slavery, you die in tax-slavery.”

After a reporter on the call reminded Shulman that some did ‘earn’ their freeman status by becoming part of the publically traded corporate elite, the Commissioner softened his statement slightly. “Alright, for those 1% of you destined to live on the backs of the other 99%, of course. But I’m talking to the ‘masses’ here.”

Back ‘on message’, he continued, “We have seen a very strong response to the program and I am very pleased with the results,” Shulman said.

Taxpayers disclosed assets that came from inheritances, profits skimmed from U.S. businesses, and international business transactions, he said.

“Clearly, assets cannot move from one generation to the other, profits cannot be strategically placed in tax havens, and profits generated outside the shores of the U.S. cannot be left to accumulate tax-free. It clearly states in tax law that these ‘exceptions’ are only available to corporations, who the supreme court says can take on the characteristics of a living person — for purposes of contract law. You see, corporations could just up and move….people, you see, we have them by the shorthairs.”

U.S. lawmakers praised the IRS program and called for stronger laws to help the agency. “We’ve done such a great job of enforcing the laws we already have on the books to avoid fraud and limit the growth and scope of the Federal Reserve, what we really need are more laws,” said Senator Shumer in a press release in support of the IRS victory.

Senator Carl Levin, a Michigan Democrat whose Permanent Subcommittee on Investigations has held two hearings into how UBS solicited Americans to put assets in Swiss banks, said he’ll keep pushing legislation to give the IRS more tools. He said he plans to offer his proposal as an amendment to a health-care measure the Senate will debate later this year.

“Hell, if I can’t get more power to the IRS in a standalone bill, I’ll just sneak it into a 9000 page bill on ‘healthcare reform’. They’ll be so busy arguing over the actual bill, they’ll never even notice this little added ‘treasure’ at the end. And besides, who wouldn’t want to take care of the sick and the elderly? It’s ‘un-American’, ” Levin said.

Levin continued, “Luckily, many Americans are losing confidence in the ability of tax-haven banks to secure what’s rightfully theirs from the grasping claws of the government and frivilous lawsuits in an unjust legal system,” Levin said. “But it is also clear that thousands of other taxpayers are still in the shadows, working to secure what they’ve rightfully earned, and keep their offshore accounts hidden from the politicians and judges who know better how their wealth should be distributed.”

Montana Democrat Max Baucus, chairman of the Senate Finance Committee that oversees the IRS, is drafting his own legislation to double financial penalties on those who avoid taxes by moving money offshore.

‘A Start’

He called the 7,500 disclosures “a start” that demonstrates the IRS propoganda is working.

“With record deficits and a weakened economy, we owe it to politicians, and government employees (myself included) to set an aggressive agenda that puts an end to offshore tax avoidance once and for all,” Baucus said. “After all, I’m a public employee to, and if you kill of overly generous pay, benefits and pensions to lawmakers and public employees, I’d have to earn an honest living by adding value somewhere.”

Under the IRS program announced in March, the confiscation will take 20 percent of an account’s assets based on its peak value in the previous six years. Luckily, in many cases, these peak years include the heady year of 2006.

“We feel this program enables us to advertise that it’s only 20 percent, lure some suckers in, and then take about half of what’s remaining since the depress—er, i mean recession has halved most of these accounts from peak,” the Commissioner said.

Ordinarily, the IRS can seize the higher of $100,000 or 50 percent of an offshore account’s value when the holder deliberately doesn’t disclose the account to the Treasury Department. The penalty can apply each year that required forms aren’t filed, so after three years of noncompliance an account holder can owe 150 percent of the account’s value.

An IRS representative speaking on condition of anonymity said, “Hey, look, we rely on voluntary disclosure, hence all the propoganda and fear tactics…Regarding the 150 percent: well, clearly, you didn’t think you were allowed to work for your own benefit did you? Your life belongs to the state.”

Avoiding Prosecution

People who come forward voluntarily can avoid criminal prosecution and their identities will remain a secret under federal law requiring tax records to be kept confidential.

George Clarke, a tax lawyer at the Washington-based Miller & Chevalier firm, who is representing about 20 people seeking leniency in the program, said the IRS’s announcement indicates the agency is positioning itself to more efficiently hunt tax cheats.

“Look, in half these cases it’s some poor schmuck who’s worked his entire life for some assets and doesn’t want a cheating wife or frivilous lawsuit to drain him like an above ground pool,” he said. “If they agree to keep it on the hush hush and out of public light, the sheep are more willing to line up and be sheered — If it’s just the IRS, they are less likely to lose their balls to a divorce settlement or ‘personal injury’ lawsuit. It’s a brilliant approach, really.”

Shulman said the IRS is building on the information it has received, and declined to estimate how much money the IRS will capture.

“You add this huge media and propoganda blitz up and it means equals voluntary disclosure and compliance for the vast majority of sheeple thinking about hiding assets offshore,” Shulman said. “If I had to justify this on captured assets alone, the revenue wouldn’t begin to approach the costs.”

He continued, “It’s like a prison. A few guards have to keep a lot of prisoners at bay through fear and intimidation. In the coming weeks and months, as tax receipts plummet and deficit spending soars into the teeth of a global collapse, the saber rattling by the IRS will become deafening.”

The voluntary disclosure program isn’t available to widows or dentists already under scrutiny by the IRS. Since December 2007, six UBS clients have pleaded guilty and a seventh has agreed to do so. A UBS banker pleaded guilty; two were indicted; and three Europeans were charged with enabling U.S. tax evasion.

The Justice Department has said 150 taxpayers, and no corporations, banks, charities, goldman sachs employees, or ‘religious institutions’ are under criminal investigation.

The IRS has announced that information is available about the voluntary disclosure practice for those with undisclosed offshore accounts in six additional languages.

October 10, 2009

The IRS has announced that information is available about the voluntary disclosure practice for those with undisclosed offshore accounts in six additional languages. The a gency took this step in order to reach taxpayers whose primary language may not be English. Information related to the special Oct. 15, 2009 deadline for undisclosed offshore accounts and a one-page overview of the voluntary disclosure practice are available in Chinese, French, Korean, Russian, Spanish and Vietnamese on IRS.gov

New York Urges Taxpayers To Report Income From Offshore Bank Accounts

October 9, 2009

New York Urges Taxpayers To Report Income From Offshore Bank Accounts
NYS Voluntary Disclosure and Compliance Program is Opportunity to Come Forward and Pay Back Taxes and Avoid Possible Criminal Prosecution

ALBANY, NY (10/08/2009)(readMedia)– New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward today announced that New York taxpayers who invested in offshore bank accounts or other offshore activity are required to report to the state Tax Department any changes in their taxable income resulting from a federal audit or from the filing of an amended federal return.

Former and current New York State residents should review their state tax returns to determine if they need to file amended returns to report this income.

Eligible New York taxpayers should also consider New York State’s Voluntary Disclosure and Compliance (VDC) Program. Under the VDC program, eligible taxpayers can avoid monetary penalties and possible criminal charges by disclosing what taxes they owe, paying the tax and entering into an agreement to pay all future taxes.

This urging comes on the heels of the Internal Revenue Service’s (IRS) recent successful court battle and its aggressive action to force foreign financial institutions to disclose the names of taxpayers who currently have unreported offshore income or who previously had undisclosed foreign accounts or entities.

The IRS is currently offering a voluntary disclosure program for federal tax liabilities on unreported offshore income.

Taxpayers who participate in the federal program are required to file or amend their federal tax returns. The application deadline for federal leniency is October 15, 2009 and detailed information can be found on the IRS’ website at http://www.irs.gov.

New York taxpayers who participate in the IRS’ voluntary disclosure program and file or amend their federal tax returns are urged to report any changes made in their taxable income to New York State in a timely manner in order to avoid the possible penalties for failing to report federal changes.

The IRS and New York State have agreements to share information between the two agencies. Information received from federal amended returns and from foreign governments will ultimately be shared with New York State authorities.

The required forms and instructions on filing an amended New York tax return are available on the tax department’s website at http://www.tax.state.ny.us/forms/default.htm.

Information and an easy four-step application process for eligibility to New York State’s VDC Program are available online at http://www.tax.state.ny.us/e-services/vold/default.htm.

IRS has Issued New Rules for Reimbursing of Expenses for Employees and Self-Employed While Away from Home

October 7, 2009

In a new revenue procedure released on September 30, 2009 and to go into effect October 1, 2009, the IRS has issued new rules for reimbursing of expenses for employees and self-employed while away from home.

These new rules provide for a new additional method under which the amount of ordinary and necessary business expenses of an employee for lodging, meal, and incidental expenses, or for meal and incidental expenses, incurred while traveling away from home are deemed substantiated under a per diem allowance or other expense allowance arrangement to pay for the expenses.

In addition, this revenue procedure provides an optional method for employees and self-employed individuals who are not reimbursed to use in computing their expenses while traveling away from home.

Use of the new method as described in the revenue procedure is not mandatory, and a taxpayer may use actual allowable expenses if the taxpayer maintains adequate records or other sufficient evidence for proper substantiation i.,e. for the most part it you’re allowed to keep doing what you were doing before, assuming it was a legitimate method.

Previously , self employed people could only substantiate their expenses using their actual expenses incurred. One observation is that it appears that the IRS will now allow self-employed individuals to use an amount equal to or less than the Federal per diem rate for the particular area of the country they are in.

Similarly, in cases where only incidental expenses are being reimbursed, it appears the IRS will allow an allowance of $5 a day.

None of these changes affect other parts of substantiation i.,e you still need to have the time, place and business purpose before an expense can be deductible.

As you can imagine, since this was literally just released several days ago, we are still trying to get our arms around the impact of this new procedure , and how it will affect our small business clients.