News & Tech Tips

IRS changes W-2 & 1099 filing deadlines

New for the 2017 filing season, the employer deadline for Forms W-2 and 1099-MISC to be submitted to the IRS has changed. The new filing deadline is now the same as the due date for employers to issue these forms to recipients, January 31.

Captive Insurance Update

Last month, the IRS issued Notice 2016-66, which classifies a significant number of micro- captive arrangements as “Transactions of Interest.”

Under this Notice, these arrangements are now subject to detailed reporting obligations. In addition, captive insurance companies, insured parties and certain owners, and other involved parties and advisors (including captive managers) are required to meet certain disclosure and recordkeeping requirements.

By January 30, 2017, parties that have entered into these “Transactions of Interest,” potentially going back to 2006, will have to file a disclosure statement with the IRS detailing the circumstances surrounding their involvement in the captive arrangement. The disclosures will be utilized by the IRS for various purposes including potential guidance and enforcement.

Failure to file a complete and accurate disclosure statement can present a stiff penalty. Taxpayers will face a penalty of 75% of the decrease in tax as a result of the transaction, with a minimum penalty of $10,000 and a maximum penalty up to $50,000.

Captive managers and other advisors are subject to a $50,000 penalty for each failure to file and a penalty of $10,000 per day after the 20th day of not filing an information list requested by the IRS.

Given these stiff penalties, it is critical that those affected by this Notice pay close attention to the specific requirements imposed.

We hope this information has been helpful to you, and if you have questions about how this notice may affect you, please contact your Whalen & Company representative.

Sources:

IRS.gov

Thomson Reuters

 

https://whalencpa.wpengine.com/

614-396-4200

 

IRS provides penalty relief to certain late filers

On March 20, the IRS issued guidance providing penalty relief to both individual and business taxpayers who file for an extension of their 2012 tax return and ultimately owe additional tax — but only if they meet certain criteria. First, the reason for filing for the extension must be that the taxpayer’s 2012 return involved forms whose publication was delayed because of the American Taxpayer Relief Act of 2012 (ATRA), signed into law Jan. 2. Here’s a sampling of the delayed forms:

  • Form 8839: Qualified Adoption Expenses
  • Form 8863: Education Credits
  • Form 3800: General Business Credit
  • Form 5884: Work Opportunity Credit
  • Form 6765: Credit for Increasing Research Activities
  • Form 8844: Empowerment Zone Employment Credit
  • Form 8874: New Markets Credit

In addition, the taxpayer must make a good faith effort when filing for the extension to properly estimate the tax liability. Then that estimated amount must be paid by the return’s original due date, and any additional tax owed must be paid by the return’s extended due date.

If you’re considering filing for an extension due to delayed IRS forms, please contact us to help ensure you’ll qualify for penalty relief.