Newsletters
The Treasury Department's Office of Payment Integrity (OPI) deployed Artificial Intelligence(AI)-based fraud detection at the onset of Fiscal Year 2023, resulting in the recovery of over $375 ...
The IRS announced that compliance efforts around erroneous Employee Retention Credit (ERC) claims have topped more than $1 billion within six months. "We are encouraged by the results so fa...
The IRS has announced the federal income tax treatment of certain lead service line replacement programs for residential property owners. It is required by the federal and many state governmen...
The IRS has released guidance to help taxpayers understand what to do with Form 1099-K. Responding to feedback from taxpayers, tax professionals and payment processors, the agency had announced b...
The IRS has provided a waiver for any individual who failed to meet the foreign earned income or deduction eligibility requirements of Code Sec. 911(d)(1) because adverse conditions in a f...
The chart listing the counties and municipalities that will participate in Alabama’s back-to-school sales tax holiday has been updated. The holiday is being held from July 19 through July 21, 2024.L...
Alaska Gov. Mike Dunleavy announced he is sponsoring legislation that will create a corporation income tax credit for:employer-provided childcare or employer childcare expense reimbursements; andcontr...
Arizona has modified provisions relating to the administration of local excise taxes. The Department may reject a city or town's request to audit a taxpayer engaging in business across multiple cities...
The following Arkansas local sales tax rate changes are effective July 1, 2024:Local RatesCalhoun County increases its sales and use tax from 2.5% to 2.625%.The city of Gassville increases its sales a...
An S corporation and a limited liability company (LLC) were engaged in the same unitary business, so gain on the sale of the S corporation's interest in the LLC generated business income subject to ap...
Colorado's Bridge and Tunnel Impact (BTI) and Road Usage (RUF) fees are set to increase to $0.01 per gallon effective July 1. Release,Colorado Department of Revenue, April 8, 2024...
For Connecticut property tax purposes, the trial court erred in determining that it lacked subject matter jurisdiction over the taxpayer’s appeal on the basis that the taxpayer’s petition to the t...
Delaware adopted rules that provide guidance on tax refund intercept requests from other states, including:access to information contained in a taxpayer's Delaware and federal personal income tax retu...
The District of Columbia (DC) Mayor Muriel Bowser testified in support of her Fiscal Year 2025 budget. The proposed budget includes tax increases to the:Paid Family Leave tax on businesses; and911 fee...
Florida has released the severance tax rates on the production of heavy minerals and other solid minerals for 2024. From January 1, 2024, through December 31, 2024, the tax rate for phosphate rock pro...
The Georgia Department of Revenue has released a local sales and use tax rate chart for the quarter beginning April 1, 2024. Georgia Sales and Use Tax Rate Chart, Georgia Department of Revenue, March ...
The Hawaii House of Representatives and Senate approved identical, companion bills introduced in their own chambers that would update Hawaii’s Internal Revenue Code tie-in date for computing corpora...
The Idaho State Tax Commission has issued a release announcing that veterans with disabilities are eligible to have their property tax bill reduced by as much as $1,500 on their Idaho residence and up...
The Illinois Department of Revenue updated the 2023 partnership replacement tax return instructions to:cover new requirements that investment partnerships withhold income tax for nonresident partners;...
Indiana has issued updated guidance regarding sales and use tax registration, collection, and remittance requirements for remote sellers and marketplace facilitators. The guidance includes a discussio...
The Iowa Senate passed a joint resolution approving an amendment to the Iowa Constitution that would require a single rate for individual income taxes. The resolution has now gone to the Iowa House.Th...
The Kansas House of Representatives passed a tax package that proposes to:replace the three-bracket graduated personal income tax rate schedule with a two-bracket schedule and provide a small rate red...
For property tax purposes, the circuit court did not err in upholding the Kentucky Board of Tax Appeals rulings because the undervaluation of the parcels was due to the failure of the former property ...
Louisiana could not impose sales tax on video-on-demand (VOD) and pay-per-view (PPV) programming provided by a satellite television company that charged monthly subscription fees for services. The tra...
The state of Maine has updated its list of frequently asked questions about income tax withholding to make technical changes. Income Tax Withholding FAQ, Maine Revenue Services, April 3, 2024...
Following the recent bridge collapse, Maryland says it will waive IFTA licensing/decal requirements for motor carriers hauling freight to or from a seaport until at least May 31. New license registrat...
The interest rates on the underpayment and overpayment of Massachusetts taxes are unchanged for the period April 1, 2024, through June 30, 2024.The rate for overpayments is 7%.The rate for underpaymen...
The interest rate applicable to amounts of Michigan tax determined by the Michigan Tax Tribunal to be unlawfully paid or underpaid increases to 9.50% for the period July 1, 2024 through December 31, 2...
Minnesota taxpayers' losses associated with residential property they owned on Bainbridge Island in the State of Washington were passive activity losses that they could not use to offset their nonpass...
The city of Amory in Mississippi is authorized to levy a tax on every person, firm, or corporation operating:a hotel or motel in the city at a rate of not more than 3% of the gross proceeds of room re...
The interest rate on all qualifying Missouri tax refunds is 3% for the period from April 1, 2024 to June 30, 2024. The interest rate is 2.7% for the period from January 1, 2024, to March 31, 2024. Sta...
Montana issued a notice discussing common errors that taxpayers should try to avoid when filing Form PTE. For example, a pass-through entity making an election to pay pass-through entity tax (PTET) mu...
For purposes of the Nebraska tobacco products tax, each manufacturer of electronic nicotine delivery systems that are sold at retail in the state must be certified. An application for certification mu...
In the 2024 general election, Nevada voters will decide if diapers will be exempt from all sales and use taxes effective January 1, 2025. If approved by the voters, the exemption would be in effect un...
New Hampshire has provided annual guidance for the credit for donations to scholarship organizations that may be claimed against the business profits tax and the business enterprise tax. The allowable...
New Jersey had release guidance regarding its adoption of the federal partnership tax audit regime. The adoption of laws regarding the federal centralized partnership audit regime applies to any adjus...
New Mexico enacted legislation making various changes to the state's personal and business income tax laws. These changes include:Changes effective in tax year 2024:Angel investor credit:Qualified inv...
For New York property tax purposes, the Appellate Division affirmed the Supreme Court’s decision because the taxpayer failed to raise a triable issue of fact in opposition. The taxpayer had purchase...
A taxpayer’s petition challenging a North Carolina sales and use tax assessment was barred by the doctrine of sovereign immunity because the petition was untimely filed. In this matter, the taxpayer...
North Dakota issued a newsletter summarizing legislation enacted in 2023 affecting the corporate and personal income taxes. Among the topics covered are individual income tax rate reductions, deductio...
The Ohio Department of Taxation has reminded taxpayers that have made an election to have the state administer the municipal net profit tax, that they may use 100% of the remaining balance of unexpire...
Additional Oklahoma local sales and use tax rate changes have been announced effective July 1, 2024.City Rate ChangesCanton increases its rate from 3.0% to 4.0%.Perkins increases its rate from 3.375% ...
Oregon has amended sunset dates for several income tax programs. The sunset date for the Industrial Site Readiness Program is extended to December 31, 2029. Furthermore, the income tax credit for sale...
For Pennsylvania property tax purposes, the Commonwealth Court reversed the trial court’s order overruling the taxpayers’ objections to the upset tax sale because the County Tax Claim Bureau (Bure...
The Rhode Island Department of Revenue Division of Taxation has informed International Fuel Tax Agreement (IFTA) filers that it will no longer mail forms and that all filers must file electronically b...
The taxpayer's sale and rental of digital textbooks (eTextbooks) was exempt from South Carolina sales tax because such transactions fell within the exemption for textbooks. The eTextbooks could be rea...
South Dakota may adjust the assessed value of agricultural land based on the presence of shelterbelts. Shelterbelts include the following items placed specifically for conservation purposes:field shel...
Recently enacted Tennessee legislation provides that the Commissioner may approve an alternative date for filing and paying the premium tax due for captive insurance companies on a fiscal year end. Th...
The Texas Comptroller of Public Accounts has determined the average taxable price of crude oil for the reporting period February 2024 is $47.12 per barrel for the three-month period beginning on Novem...
Utah has revised guidance it provides on reporting instructions for holders of unclaimed property. The revised guidance discusses Utah’s 2024 unclaimed property laws concerning the reporting require...
Vermont has issued updated guidance on the homestead declaration for property tax purposes. Property owners whose homes meet the "homestead" definition must file a Homestead Declaration annually by th...
Virginia has extended the corporate and personal income tax credit for participating landlords for one year, through tax years beginning before January 1, 2026. In addition, for taxable years beginnin...
Medical tattoo services are subject to Washington business and occupation (B&O) tax under the service and other activities classification. The service provider must retain documentation, including...
West Virginia enacted legislation that provides a personal income tax exemption to private trust companies licensed in the state. A private trust company is a corporation or limited liability company ...
For corporate and personal income tax purposes, the Wisconsin Department of Revenue has updated its fact sheet regarding the farmland preservation credit. Fact Sheet 1115, Wisconsin Department of Reve...
A Wyoming property tax exemption has been authorized for long-term homeowners. An exemption in an amount of 50% of the assessed value is available to an owner of residential real property used as a pr...
President Biden support extending the individual tax provisions of the Tax Cuts and Jobs Act, many of which are set to expire next year, Department of the Treasury Secretary Janet Yellen said.
President Biden support extending the individual tax provisions of the Tax Cuts and Jobs Act, many of which are set to expire next year, Department of the Treasury Secretary Janet Yellen said.
"The President has made it clear that he would oppose raising back the taxes for working people and families making under $400,000," Secretary Yellen testified before the Senate Finance Committee during a March 21, 2024, hearing to review the White House fiscal year 2025 budget proposal.
She then affirmed that "he would" support extending the individual tax provisions of the TCJA when asked by committee Ranking Member Mike Crapo (R-Idaho), who noted that the budget did not make any mention of this.
Yellen defended the fiscal 2025 budget request against assertions that taxes will indeed go up for those making under $400,000, contrary to President Biden’s promise, because the taxes that are targeted to wealthy corporations to ensure they are paying their fair share will ultimately be passed down to their consumers in the form of higher prices and lower wages.
"I think what the impact when you change taxes on corporations, what the impact is on families involves a lot of channels that are speculative," Yellen said. "They are included in models that sometimes the Treasury used for the purposes of analysis, in a tax that is levied on corporations, that has no obvious direct effect on households."
The proposed budget would increase the corporate minimum tax from the current 15 percent to 21 percent, as well as raise the tax rate on U.S. multinationals’ foreign earnings from the current 10.5 percent to 21 percent. The current corporate tax rate would climb to 28 percent and the budget would eliminate tax breaks for million-dollar executive compensation. It would also increase the tax rate on corporate stock buybacks from 1 percent to 4 percent, among other business-related tax provisions.
By Gregory Twachtman, Washington News Editor
Corporations and billionaires will be paying more in taxes if Congress follows recommendations President Biden gave during his State of the Union address.
Corporations and billionaires will be paying more in taxes if Congress follows recommendations President Biden gave during his State of the Union address.
President Biden highlighted a number of initiatives during the March 7, 2024, address. For corporations, he said that it is "time to raise the corporate minimum tax to at least 21 percent."
"Remember in 2020, 55 of the biggest companies in America made $40 billion and paid zero in federal income taxes," President Biden said. "Zero. Not anymore. Thanks to the law I wrote [and] we signed, big companies have to pay minimum 15 percent. But that’s still less than working people paid federal taxes."
Additionally, he alluded to further recommendations that will likely be included when the administration released its budget proposal, expected as early as the week of March 11, 2024. This includes limiting tax breaks related to corporate and private jets and capping deductions on certain employees at $1 million.
For billionaires, President Biden is looking to increase their tax rate to 25 percent.
"You know what the average federal taxes for those billionaires [is]?" he asked. “"They’re making great sacrifices. 8.2 percent. That’s far less than the vast majority of Americans pay. No billionaire should pay a lower federal tax rate than a teacher or a sanitation worker or nurse."”
President Biden said this proposal would raise $500 billion over the next 10 years and suggested some of that additional tax money would help strengthen Social Security so that there would be no need to cut benefits or raise the retirement age to extend the life of the Social Security program.
The IRS has launched a new initiative to improve tax compliance among high-income taxpayers who have not filed federal income tax returns since 2017.
The IRS has launched a new initiative to improve tax compliance among high-income taxpayers who have not filed federal income tax returns since 2017. This effort, funded by the Inflation Reduction Act, involves sending out IRS compliance letters to over 125,000 cases where tax returns have not been filed since 2017. These mailings include more than 25,000 to individuals with incomes exceeding $1 million and over 100,000 to those with incomes ranging between $400,000 and $1 million for the tax years 2017 to 2021. The IRS will begin mailing these compliance alerts, formally known as the CP59 Notice, this week.
Recipients of these letters should act promptly to prevent further notices, increased penalties, and stronger enforcement actions. Consulting a tax professional can help them swiftly file late tax returns and settle outstanding taxes, interest, and penalties. The failure-to-file penalty is 5 percent per month, capped at 25 percent of the tax owed. Additional resources are available on the IRS website for non-filers.
The non-filer initiative is part of the IRS's broader campaign to ensure large corporations, partnerships, and high-income individuals fulfill their tax obligations. Non-respondents to the non-filer letter will face further notices and enforcement actions. If someone consistently ignores these notices, the IRS may file a substitute tax return on their behalf. However, it's still advisable for the individual to file their own return to claim eligible exemptions, credits, and deductions.
An individual’s claim for innocent spouse relief was rejected for lack of jurisdiction because the taxpayer failed to file his petition within the 90-day deadline under Code Sec. 6015(e)(1)(A).
An individual’s claim for innocent spouse relief was rejected for lack of jurisdiction because the taxpayer failed to file his petition within the 90-day deadline under Code Sec. 6015(e)(1)(A). The taxpayer argued that the deadline to file a petition for a denial of innocent spouse relief was not jurisdictional and asked that the Tax Court hear his case on equitable grounds. However, the Tax Court noted that a filing deadline is jurisdictional if Congress clearly states that it is. The IRS argued that argues that the 90-day filing deadline of Code Sec. 6015(e)(1)(A) was jurisdictional because Congress clearly stated that it was and the Supreme Court’s decision in Boechler, P.C. v. Commissioner, 142 S. Ct. 1493, in addition to numerous appellate cases, supported this argument.
The Tax Court examined the "text, context, and relevant historical treatment" of the provision at issue and concluded that the 90-day filing deadline of Code Sec. 6015(e)(1)(A) was jurisdictional. On the basis of statutory interpretation principles, the jurisdictional parenthetical in Code Sec. 6015(e)(1)(A) was unambiguous. It did not contain any ambiguous terms and there was a clear link between the jurisdictional parenthetical and the filing deadline. Specifically, Code Sec. 6015(e)(1)(A) is a provision that solely sets forth deadlines. Further, it was unclear what weight, if any, should be given to the equitable nature of Code Sec. 6015. The statutory context arguments were not strong enough to overcome the statutory text. Accordingly, the Tax Court ruled that the 90-day filing deadline in Code Sec. 6015(e)(1)(A) was jurisdictional.
P.A. Frutiger, 162 TC —, No. 5, Dec. 62,432
The IRS has continued to increase the amount of information available in multiple languages. This was part of the IRS transformation work under the Strategic Operating Plan, made possible by additional resources provided by the Inflation Reduction Act (P.L. 117-169).
The IRS has continued to increase the amount of information available in multiple languages. This was part of the IRS transformation work under the Strategic Operating Plan, made possible by additional resources provided by the Inflation Reduction Act (P.L. 117-169). On IRS.gov, taxpayers can select their preferred language from the dropdown menu at the top of the page, including Spanish, Vietnamese, Russian, Korean, Haitian Creole, Traditional Chinese and Simplified Chinese. Additionally, the Languages page gives taxpayers information in 21 languages on key topics such as "Your Rights as a Taxpayer" and "Who Needs to File."
"The IRS is committed to making further improvements for taxpayers in a wide range of areas, including expanding options available to taxpayers in multiple languages," said IRS Commissioner Danny Werfel. "Understanding taxes can be challenging enough, so it’s important for the IRS to put a variety of information on IRS.gov and other materials into the language a taxpayer knows best. This is part of the larger effort by the IRS to make taxes easier for all taxpayers," he added.
If taxpayers cannot find the answers to their tax questions on IRS.gov, they can call the IRS or get in-person help at an IRS Taxpayer Assistance Center. Finally, hundreds of IRS Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs have access to Over the Phone Interpreter services. VITA and TCE offer free basic tax return preparation to qualified individuals.
The IRS has granted to withholding agents an administrative exemption from the electronic filing requirements for Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons.
The IRS has granted to withholding agents an administrative exemption from the electronic filing requirements for Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons. Under the exemption:
- withholding agents (both U.S. and foreign persons) are not required to file Forms 1042 electronically during calendar year 2024; and
- withholding agents that are foreign persons are not required to file Forms 1042 electronically during calendar year 2025.
The exemption is automatic, so withholding agents do not need to file an electronic filing waiver request to use the exemption.
Electronic Filing of Form 1042
Under Code Sec. 6011(e), the IRS must prescribe regulations with standards for determining which federal tax returns must be filed electronically. In 2023, final regulations were published to implement amendments to Code Sec. 6011(e) that lowered the threshold number of returns for required electronic filing of certain returns. The regulations included requirements for filing Form 1042 electronically.
The final regulations provide that:
- a withholding agent (but not an individual, estate,or trust) must electronically file Form 1042 if the agent is required to file 10 or more returns of any type during the same calendar year in which Form 1042 is required to be filed;
- a withholding agent that is a partnership with more than 100 partners must electronically file Form 1042 regardless of the number of returns the partnership is required to file during the calendar year; and
- a withholding agent that is a financial institution must electronically file Form 1042 without regard to the number of returns it is required to file during the calendar year.
The final regulations apply to Forms 1042 required to be filed for tax years ending on or after December 31, 2023. This means that withholding agents must apply the new electronic filing requirements beginning with Forms 1042 due on or after March 15, 2024.
Challenges to Withholding Agents
Since the final regulations were published, the IRS received feedback from withholding agents noting challenges in transitioning to the procedures needed for filing Forms 1042 electronically. Withholding agents expressed concerns about the limited number of Approved IRS Modernized e-File Business Providers for Form 1042, and difficulties accessing the schema and business rules for filing Form 1042 electronically. Withholding agents that do not rely on modernized e-file business providers said that they needed more time to upgrade their systems for filing on the IRS’s Modernized e-File platform. Agents also noted challenges specific to foreign persons filing Forms 1042 regarding the authentication requirements necessary for accessing the platform.
In response to these concerns, the IRS used its power under the regulations to provide the exemption from the electronic filing requirement for Form 1042, in the interest of effective and efficient tax administration.