The IRS has now published a PLR (PLR 201035003) in redacted form that has been the subject of much discussion in Arizona, one dealing with the character of amounts received from utilities for those installing certain solar energy devices.
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Recently released report by the Treasury Inspector General for Tax Administration (TIGTA) found after examining 231,277 tax returns from 2008 tax year that 23,334 taxpayers claiming the exclusion either failed to qualify for the exclusion or inaccurately computed the exclusion.
U.S. citizen or resident alien’s worldwide income is generally subject to U.S. income tax, regardless of where they live. However, if they meet certain conditions they are eligible to claim foreign earned income exclusion and can exclude up to $91,500 of foreign earned income. TIGTA further observed that in 2008 taxpayers excluded $19.2 billion in foreign earned income on their tax returns; out of this, the erroneous claims totaled $675 million and the tax avoided was estimated at $90 million.
According to TIGTA Inspector General J. Russell George, “Over five years, the estimated revenue loss to the IRS could total more than $450 million. Improvements must be made to reduce erroneously claimed foreign earned income tax exclusions.” It is likely IRS will focus on this area in near future due to substantial revenue loss.
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While discharge of indebtedness does, absent the applicability of an exception under §108, result in taxable income, it only does so in the year of the actual debt discharge. That date is not necessarily set by the issuance of a Form 1099-C, an issue the Tax Court pointed out to the IRS in the case of Gaffney v. Commissioner, TC Summary Opinion 2010-128.
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In your spare time, maybe on the weekends, do you sit and wonder how the brain works and how you can use your knowledge of the brain to increase your sales? Probably not, but according to authors Patrick Renvoisé and Christophe Morin, maybe you should. Continue Reading »
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Posted by J. Michael Stolp from my Verizon BlackBerry Storm 2.
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IRS this weekend issued highly anticipated guidance regarding the reporting by foreign financial institutions. This reporting is becoming effective for payments made after December 31, 2012. The purpose of the preliminary guidance is to ensure that affected persons have time to implement the systems and processes necessary to comply fully with the new withholding, documentation and reporting obligations resulting from FATCA which was enacted as part of HIRE Act in last March. The Notice includes the scope of definition of foreign financial institution, how to collect information and identify U.S. persons and reporting mechanism of U.S. persons’ foreign accounts to U.S. treasury.
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Identity theft protection tips for those using hard copy checks: Continue Reading »
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In emailed advice (201033038), the Chief Counsel’s office refused to allow an automatic change of accounting method request of a taxpayer to be processed under the following fact pattern.
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From The Washington Post
Tax cuts enacted under former president George W. Bush are set to expire at year’s end, and lawmakers are battling over whether to extend them before the November elections. Most Republicans want to extend all of the cuts, saying that any increase in taxes will hold back the economic recovery. President Obama and Democratic leaders would extend many of the cuts but say tax breaks for top earners should expire to pare down deficits. Each plan would affect average tax rates for income groups differently.
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