by Taxing Subjects | Jan 27, 2025 | Tax Tips and News
The IRS will begin accepting individual returns on Monday, Jan. 27, 2025
More and more taxpayers are leaning towards the convenience and speed of electronic filing (e-file) leading to many of us wanting to know exactly when e-filing starts. The IRS will begin accepting individual returns on Monday, January 27, 2025. Direct File will be available to a limited number of states on January 27th.
When Does E-Filing Start for the IRS?
The exact date can vary slightly every year due to various tax updates and new laws. This year, individual returns will be accepted on Monday, January 27, 2025. For business, e-file opened on January 15th at 6:00 am. Direct File will be available to eligible taxpayers in 25 states to file their taxes directly with the IRS which includes 12 states that were part of the IRS pilot last year. Please visit the IRS website to find out more about specific states that are eligible.
Early Preparations: What Can You Do Before E-Filing Opens?
There are several things you can do to prepare for tax season before e-file officially opens:
- Gather Your Client’s Tax Documents: Collect all the necessary paperwork you’ll need to help your clients file including:
- W-2s
- 1099s
- Interest statements
- Receipts for deductions (e.g., medical, educational, charitable donations)
- Check for Tax Law Changes: It’s a good idea to review any tax law updates especially since a new administration has been elected—which could impact your filing. The IRS often releases updates regarding new credits, deductions, or changes to filing requirements. Staying informed can help you avoid surprises. We will update our systems and do our best to keep you informed via Taxing Subjects, the Drake Software blog.
- Try to stay ahead: Begin preparing your clients’ returns before the e-filing system opens so you are ready to hit the submit button once the IRS officially opens its filing system.
Can you e-file prior year returns?
You can usually e-file the current tax year and the two prior years, except during IRS closing periods. When tax yar 2024 e-filing opens, you can file for 2024, 2023, and 2022. However, if an extension is needed, it can generally only apply to the current tax year.
While waiting for e-filing to open, take the time to gather all the necessary documents, review potential changes in tax laws, and get familiar with your tax preparation software or professional service. By getting an early start, you’ll be ready to file as soon as the IRS begins accepting returns.
Understanding the timeline for e-filing helps you meet your tax filing obligations without stress and can help take advantage of the many benefits that come with submitting your return electronically. So, get ready and prepare to file!
Stay updated. Subscribe to Taxing Subjects and get the latest updates on e-filing and other important tax updates.
– Article provided by Taxing Subjects.
by Taxing Subjects | Sep 6, 2024 | Tax Tips and News
As part of the Dirty Dozen tax scams and fraud awareness effort, the Internal Revenue Service (IRS) encourages people to report individuals who promote improper and abusive tax schemes, as well as tax return preparers who deliberately prepare improper returns.
In this second installment of our overview of the 2024 Dirty Dozen, we look at the stern warnings issued by the IRS regarding scammers who promote schemes designed to evade taxes, scams targeting the wealthy, and dubious social media advice.
Tax Evasion Pitched as “Tax Strategies”
Thinly veiled tax evasion schemes come in various forms and can pose significant threats to taxpayers, sometimes even involving international elements—for example, concealing money and digital assets in foreign accounts or using foreign captive insurance and foreign individual retirement accounts.
“Taxpayers should be wary of anything that seeks to completely eliminate a legitimate tax responsibility,” says IRS Commissioner Danny Werfel. “[Scammers] continue to peddle elaborate schemes to reduce taxes and make a handsome profit. Taxpayers contemplating these arrangements should always seek advice from a trusted tax professional, not an aggressive promoter focused on pushing questionable transactions to make a buck.”
Some prominent examples include exploitative agreements related to syndicated conservation easements, micro-captive insurance arrangements, foreign individual retirement arrangements, and “hidden” digital assets.
Syndicated Conservation Easements
A conservation easement is a restriction on the use of real property. Generally, taxpayers may claim a charitable contribution deduction for the fair market value of a conservation easement transferred to a charity if the transfer meets the requirements of Internal Revenue Code section 170.
In abusive arrangements, scammers syndicate conservation easement transactions, offering investors the opportunity to claim charitable contribution deductions and corresponding tax savings that far exceed the amount invested. These arrangements generate high fees for scammers and attempt to exploit the tax system with grossly inflated tax deductions.
Micro-Captive Insurance Arrangements
A micro-captive, also known as a small captive, is an insurance company whose owners elect to be taxed on the captive’s investment income only. Abusive micro-captives involve schemes that lack many of the attributes of legitimate insurance, such as implausible risks, failure to match genuine business needs, and unnecessary duplication of the taxpayer’s commercial coverages. The premiums paid under these arrangements are often excessive, reflecting non-arm’s length pricing. The IRS has made enforcement against abusive micro-captive transactions a high priority, prevailing in related Tax Court and appellate court cases since 2017.
Schemes with International Elements
Scammers may also promote tax avoidance through contributing to foreign individual retirement arrangements, which allow contributions in a form other than cash and do not limit the amount of contributions by reference to employment or self-employment activities. By improperly asserting this as a “pension fund” for U.S. tax treaty purposes, the taxpayer claims an exemption from U.S. income tax on gains and earnings in, and distributions from, the foreign individual retirement arrangement.
The Foreign Account Tax Compliance Act (FATCA) plays a critical role in combating tax evasion by U.S. persons holding accounts and other financial assets offshore. It requires most U.S. taxpayers with financial assets outside the United States to report these assets to the IRS, and certain foreign financial institutions must report directly to the IRS about financial accounts held by U.S. taxpayers. Reporting requirements carry penalties for failure to file.
Despite these measures, scammers continue to lure U.S. persons into placing their assets in offshore accounts and structures, falsely claiming they are out of reach of the IRS. These assertions are untrue, as the IRS can identify and track anonymous transactions of foreign financial accounts.
“Untraceable” Digital Assets
Digital assets are digital representations of value recorded on a cryptographically secured, distributed ledger or similar technology. Common examples include convertible virtual currency, cryptocurrency, stablecoins, and non-fungible tokens (NFTs).
Scammers often falsely claim that digital assets are untraceable and undiscoverable by the IRS. In reality, the IRS can track anonymous transactions of digital assets globally. For federal tax purposes, digital assets are treated as property, and general tax principles applicable to property transactions apply to transactions using digital assets.
Aggressive Tax Strategies Targeting the Wealthy
The IRS has also issued a warning to high-income individuals about three specific tax traps designed by scammers and shady tax practitioners. Wealthy taxpayers are particularly susceptible to schemes that promise to reduce their tax burden but can lead to severe legal consequences.
High-income individuals often become targets for various aggressive tax strategies and schemes. These strategies can range from inflated art donation deductions to aggressive charitable remainder annuity trusts and complex shelters designed to delay the payment of gains on property.
Improper Art Donation Deductions
Some scammers exploit art donations by promising inflated values. These scammers encourage taxpayers to purchase art at a “discounted” price, which may include additional services like storage, shipping, appraisal, and donation arrangements. The scammers claim that the art is worth significantly more than the purchase price, encouraging taxpayers to donate the art after a year and claim a tax deduction for an inflated fair market value.
The IRS has a team of professionally trained appraisers who assist in valuing personal property and works of art to ensure compliance with tax laws. Commissioner Werfel warned, “Creativity in art is a beautiful thing, but aggressive creativity in art donation deductions can paint a bad picture for people pulled into these schemes. Taxpayers should be careful to understand the rules and watch out for inflated values or questionable appraisals.”
Charitable Remainder Annuity Trust (CRAT)
A Charitable Remainder Annuity Trust (CRAT) is an irrevocable trust allowing individuals to donate assets to charity while drawing annual income for life or a specific period. However, some scammers misuse CRATs to eliminate capital gains improperly.
In these schemes, appreciated property is transferred to a CRAT, and the transfer is wrongly claimed to provide a step-up in basis to fair market value. The CRAT sells the property without recognizing gain and uses the proceeds to purchase a single premium immediate annuity (SPIA). The beneficiary then reports only a small portion of the annuity as income, misapplying the rules to exclude the remaining payment as a return of investment. Taxpayers should be wary of such schemes, as they misapply the laws relating to CRATs.
Monetized Installment Sales
Monetized installment sales are another aggressive tax strategy used by scammers to defer gain recognition on the sale of appreciated property. In these transactions, an intermediary purchases the property in exchange for an installment note, which typically includes interest-only payments with the principal due at the end of the term.
The seller receives most of the proceeds but improperly delays gain recognition until the final installment payment, often scheduled many years later. This strategy can lead to significant legal trouble as it abuses the tax system.
The IRS urges wealthy individuals to remain cautious and seek advice from independent tax or legal professionals. By avoiding scammers and understanding the rules, taxpayers can protect themselves from schemes that distort tax laws and result in severe penalties.
Bad Tax Advice on Social Media
The IRS has also warned taxpayers about the dangers of bad tax information circulating on social media. Platforms like TikTok are rife with inaccurate or misleading tax advice, which can lead to serious consequences, including identity theft and tax problems.
Social media can often spread incorrect tax information, where users share wildly inaccurate advice. Some schemes involve urging people to misuse common tax documents like Form W-2 or more obscure ones like Form 8944, a technical e-file form not commonly used by taxpayers. Both scams encourage the submission of false information in hopes of obtaining a refund.
The IRS is aware of various filing season hashtags and social media topics leading to inaccurate and potentially fraudulent information.
Fraudulent Advice on Form W-2
One scheme encourages people to use tax software to manually fill out Form W-2, Wage and Tax Statement, and include false income information. Scam artists suggest making up large income and withholding figures, as well as the employer details. They instruct people to file the bogus tax return electronically in hopes of getting a substantial refund, sometimes as much as five figures.
According to the IRS, variations of this scheme involve misusing Form 7202 and Schedule H to claim credits and refunds based on false information.
Form 8944 Scheme
Another example involves Form 8944, Preparer e-file Hardship Waiver Request. False claims circulating on social media suggest that taxpayers can use this form to receive a refund from the IRS, even if they have a balance due. This information is incorrect. Form 8944 is intended for tax return preparers who request a waiver to file returns on paper instead of electronically.
Taxpayers who intentionally file forms with false information can face severe consequences, including civil and criminal penalties, such as criminal prosecution for filing a false tax return and a frivolous return penalty of $5,000.
Verifying Tax Information
The best place for taxpayers to learn how to properly use tax forms and follow legitimate social media channels related to taxes is IRS.gov. The website provides a repository of forms with detailed instructions and links to official IRS social media accounts.
Reporting Fraud
To report such activities, individuals can use the online Form 14242. The form can also be printed and completed to be sent by mail or fax to the IRS Lead Development Center in the Office of Promoter Investigations:
Internal Revenue Service Lead Development Center
Stop MS5040
24000 Avila Road
Laguna Niguel, CA 92677-3405
Fax: 877-477-9135
Alternatively, taxpayers and tax practitioners may send information to the IRS Whistleblower Office for a possible monetary award.
For more information, visit the IRS page on abusive tax schemes and preparers.
This article is for informational purposes only and not for legal or financial advice.
– Article provided by Taxing Subjects.
by Taxing Subjects | Jun 17, 2024 | Tax Tips and News
The Internal Revenue Service (IRS) has announced the agenda for the 2024 Nationwide Tax Forum, which will feature 45 seminars aimed at enhancing the skills of tax professionals. This year’s forum, which includes contributions from the IRS and leading tax associations, will cover a broad spectrum of topics designed to help tax professionals better serve their clients.
Diverse Seminar Topics and Keynotes
The 2024 agenda will encompass subjects such as tax law updates, managing client examinations, digital assets, the Secure Act 2.0, the Employee Retention Credit, and clean energy credits. Highlighting the forum will be a keynote address and plenary session where IRS leadership will discuss ongoing efforts to improve service and transform enforcement and compliance activities.
Focus on Cybersecurity and Fraud Prevention
In addition to regular tax law updates and ethics courses, this year’s forum will feature two panel discussions on cybersecurity: “Tax Pros and Security Real-Life Threats and Steps to Protect Your Business” and “IRS Security Summit and the Written Information Security Plan.”
Experts from the Pell Center will also present a session titled “Cybersecurity for Tax Professionals,” and three more seminars will focus on combating abusive scams, schemes, and fraud.
Special Events and Sessions
Apart from the regular seminars, attendees can join special events such as:
- Practice Management
- Scams and Schemes Panel Discussion with CERCA
- National Taxpayer Advocate Town Hall
- Beneficial Ownership Information Reporting
Bilingual Offerings and Continuing Education Credits
Six of the forum’s most popular topics will be presented in both English and Spanish. Attendees can earn up to 19 continuing education credits by participating in one of the five forums held on the dates and locations listed below.
IRS Nationwide Tax Forum Dates and Locations
The forums will take place in:
- Chicago, IL: July 9-11 (Standard rate deadline: June 25)
- Orlando, FL: July 30-August 1 (Standard rate deadline: July 16)
- Baltimore, MD: August 13-15 (Standard rate deadline: July 30)
- Dallas, TX: August 20-22 (Standard rate deadline: August 6)
- San Diego, CA: September 10-12 (Standard rate deadline: August 27)
Registration and Early Bird Discount
Tax professionals are encouraged to register by 5 p.m. ET on June 17 to benefit from the early bird rate of $255 per person, a savings of $54 off the standard rate and $135 off the on-site registration rate. After 5 p.m. ET on June 17, the standard pricing of $309 will apply until two weeks before the start of each forum (see above).
Association Discounts
Members of the American Bar Association (ABA), American Institute of Certified Public Accountants (AICPA), National Association of Enrolled Agents (NAEA), National Association of Tax Professionals (NATP), National Society of Accountants (NSA), and National Society of Tax Professionals (NSTP) can save an additional $10 off the early bird rate if they register by June 17.
For detailed information and registration, visit IRStaxforum.com.
– Article provided by Taxing Subjects.
by Taxing Subjects | Mar 26, 2024 | Tax Tips and News
Filing deadlines often change for taxpayers in regions that experience natural disasters. When these extreme weather events hit, the IRS frequently provides tax due date extensions. The relaxed due dates are intended to give more time to the individuals and businesses impacted by the natural disaster to prioritize relief and recovery instead of drawing their focus to a filing deadline. Following are notices for the upcoming tax season. We encourage you to visit the Tax Relief in Disaster Situations page on the IRS website for the very latest updates.
Spokane Wildfires
Wildfires burned in Spokane, Washington beginning August, 18 2024. Taxpayers in Spokane County may qualify for a tax filing extension due June 17, 2024 designated by the IRS to encourage disaster relief. The full guidelines on qualifications are available at this IRS Information link.
IRS Information on Spokane Fires
Strong Storms and Flooding in San Diego County
Fierce weather struck San Diego on January 21, 2024 causing serious damage to individuals and infrastructure. The IRS recently declared that those who qualify (as having their business or property hurt by the disasters) will have until June 17, 2024 to file their taxes.
IRS Information on San Diego Serious Weather Tax Relief
Michigan Severe Weather: Flooding, Tornadoes, and Storms
Powerful storms rocked Michigan August 24, 2023. FEMA ruled that many counties experienced natural disasters and the IRS will allow them to qualify for a filing extension which now has taxes due June 17, 2024. All counties which qualify are included in this IRS news release link.
IRS Information on Michigan Storm Damage Tax Relief
Mudslides and Other Extreme Weather in West Virginia
Landslides, mudslides, flooding, and storm damage hit West Virginia counties August 28, 2023. Taxpayers in the region may qualify for extra time filing taxes with a new date of June 17th, 2024 established by the IRS.
IRS Information on Relief to Those Impacted by West Virginia Extreme Weather
Storm Destruction in the State of Maine
Several counties in Maine will experience a tax payment due date change to June 17, 2024. This decisions comes in the wake of heavy storms which hit the region December 17, 2023. A list of all areas designated by the IRS under the relief order can be found below.
IRS Information on Tax Extensions for Maine Storm Damage
Rhode Island Storms, Tornado, and Flooding
A tax deadline change to June 17, 2024 was issued by the IRS to victims of extreme weather occurrences in Providence County. Citizens and businesses of the county affected by the disasters have been given additional time to get their taxes in order because of the damage caused by the intense weather of September 10, 2023.
IRS Information on Rhode Island Severe Weather Filing Extensions
Connecticut Storms, Flooding, and Dam Breach
The recent severe weather on January 10, 2024 caused widespread damage to taxpayers in Connecticut. To offer relief to those affected in New London County, and the Mogehan and Mashantucket Pequot Tribal Nations, the IRS extended their dues until June 17, 2024.
IRS Information on Connecticut Storm Tax Relief
Tornado Storm Damage
A recently announced filing deadline for both individuals and business organizations in parts of Tennessee is now in effect. The severe tornadoes prompted the IRS to extend the due date for payments to June 17, 2024. People, households, and entities with addresses inside the area designated by FEMA are automatically able to make use of the extension. They do not need to contact the IRS to become eligible.
IRS Information on Relief for Tennessee Tornadoes
California Storm Victims
55 of 58 counties in California qualify for a 2022 tax season filing extension which is now due on November 16, 2023. This deadline extension originates from strong storms in the region last winter which caused flooding, landslides, and other severe weather phenomena.
IRS Information on California Storm Victims
Terrorist Attacks in Israel
The IRS adjusts due dates for certain payments and filing that fall between Oct. 7, 2023 and Oct. 7, 2024. Individuals such as humanitarian workers and businesses whose central place of operation is Israel may be able to receive this relief.
IRS Information on Terrorist Impacted Individuals and Entities in Israel
Louisiana Seawater Intrusion
Individuals or businesses residing in Jefferson, Orleans, Plaquemines and St. Bernard parishes may now be able to delay filing returns and paying taxes until Feb, 15, 2024.
IRS Information on Louisiana Seawater Intrusion Tax Relief
Drought Impacted Industry
Qualifying farmers and ranchers in 49 states, two U.S. Territories, and D.C. who were forced to sell livestock due to drought conditions will have an extended window to replace the livestock and report gains.
IRS Information on Drought Impacted Livestock Sales
The Hawaii Wildfires
Parts of Hawaii have been granted an individual and business return filing extension until February 15th, 2024 to help the victims focus on disaster recovery.
IRS information on Hawaiian Wildfires
Hurricane Lee
The Federal Emergency Management Agency issued a disaster declaration for all counties in Massachusetts and Maine. These states are eligible for tax relief and their tax dates are now rescheduled to February 15th.
More IRS Information on Hurricane Lee
Hurricane Idalia
The IRS has announced tax relief packages for regions in the states of Florida, Georgia, and South Carolina to help those affected concentrate on rebuilding after the storm. Tax payments are now pushed back until February 15th, 2024.
IRS information on Hurricane Idalia
– Article provided by Taxing Subjects.
Lloyd Bogner