IRS Tax News

  • 17 Jan 2013 2:08 PM | Anonymous

    The Modernized e-File (MeF) Sunday maintenance build will be extended. The system will not be available from Sunday, January 20, 2013 at 1:00am, Eastern until Sunday, January 20, 2013 at approximately 11:00am, Eastern. The extended build window is needed to implement system enhancements impacting the upcoming filing season.

    We apologize for any inconvenience this may cause. Thank you in advance for refraining from accessing the MeF Production and ATS environments during this period.
  • 16 Jan 2013 3:01 PM | Anonymous

    Tax-free IRA rollovers to charity extended
    IRA owners, age 70½ or older, can transfer tax-free up to $100,000 for both 2012 (by February 1, 2013) and 2013 to eligible charities.

    In-plan Roth rollovers expanded
    More funds can be rolled into designated Roth accounts.

    Phone forums

    • Ethics – professional standards of conduct for individuals who advise retirement plans (February 13 at 2 p.m. ET)
    • 2012 Cumulative List of Changes in Plan Qualification Requirements for plans that will submit a determination letter application beginning February 1, 2013 (February 28 at 2 p.m. ET)

    List of pre-approved plans
    Second six-year cycle (PPA) list of pre-approved defined contribution plans submitted on or after February 1, 2011.

  • 16 Jan 2013 2:59 PM | Anonymous

    ATTN: Software Developers, Return Transmitters and Authorized IRS e-file Providers/EROs 

    The Tax Year 2012 XML Stylesheets for Processing Year 2013 have been updated on IRS.gov.

    You can access the new files from the Modernized e-File (MeF) Stylesheets site on IRS.gov.

    Questions or comments may be directed to the e-help Desk at 1-866-255-0654.
  • 16 Jan 2013 2:51 PM | Anonymous

    Revenue Procedure 2013-15 provides the 2013 cost-of-living adjustments for inflation for certain items, including the tax tables.  It also includes items whose values were specified in the American Taxpayer Relief Act of 2012 (ATRA), such as the beginning of the 39.6% income tax brackets; the beginning income levels for the limitation on certain itemized deductions, and the beginning income levels for the phaseout of the personal exemptions.  In addition Rev. Proc. 2013-5 modifies Rev. Proc. 2011-52 to reflect an amendment to section 132(f)(2) made by ATRA concerning qualified transportation fringe benefits.  Specifically, for 2012, the monthly limitation regarding the aggregate fringe benefit exclusion amount for transit passes and transportation in a commuter highway vehicle is $240. 

    Revenue Procedure 2013-15 will be published in Internal Revenue Bulletin 2013-5 on January 28, 2013.

  • 15 Jan 2013 4:26 PM | Anonymous

    WASHINGTON - The Internal Revenue Service today announced a simplified option that many owners of home-based businesses and some home-based workers may use to figure their deductions for the business use of their homes.

    In tax year 2010, the most recent year for which figures are available, nearly 3.4 million taxpayers claimed deductions for business use of a home (commonly referred to as the home office deduction).

    The new optional deduction, capped at $1,500 per year based on $5 a square foot for up to 300 square feet, will reduce the paperwork and recordkeeping burden on small businesses by an estimated 1.6 million hours annually.

    "This is a common-sense rule to provide taxpayers an easier way to calculate and claim the home office deduction," said Acting IRS Commissioner Steven T. Miller. "The IRS continues to look for similar ways to combat complexity and encourages people to look at this option as they consider tax planning in 2013."

    The new option provides eligible taxpayers an easier path to claiming the home office deduction. Currently, they are generally required to fill out a 43-line form (Form 8829) often with complex calculations of allocated expenses, depreciation and carryovers of unused deductions.  Taxpayers claiming the optional deduction will complete a significantly simplified form.

    Though homeowners using the new option cannot depreciate the portion of their home used in a trade or business, they can claim allowable mortgage interest, real estate taxes and casualty losses on the home as itemized deductions on Schedule A. These deductions need not be allocated between personal and business use, as is required under the regular method.

    Business expenses unrelated to the home, such as advertising, supplies and wages paid to employees are still fully deductible.

    Current restrictions on the home office deduction, such as the requirement that a home office must be used regularly and exclusively for business and the limit tied to the income derived from the particular business, still apply under the new option. 

    The new simplified option is available starting with the 2013 return most taxpayers file early in 2014. Further details on the new option can be found in Revenue Procedure 2013-13, posted today on IRS.gov. Revenue Procedure 2013-13 is effective for taxable years beginning on or after January 1, 2013, and the IRS welcomes public comment on this new option to improve it for tax year 2014 and later years. There are three ways to submit comments.

    • E-mail to: Notice.Comments@irscounsel.treas.gov. Include “Rev. Proc. 2013-13” in the subject line.
    • Mail to: Internal Revenue Service, CC:PA:LPD:PR (Rev. Proc. 2013-13), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
    • Hand deliver to: CC:PA:LPD:PR (Rev. Proc. 2013-13), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC, between 8 a.m. and 4 p.m., Monday through Friday.

    The deadline for comment is April 15, 2013.

  • 15 Jan 2013 9:00 AM | Anonymous

    WASHINGTON - The Internal Revenue Service announced today annual inflation adjustments for tax year 2013, including the tax rate schedules, and other tax changes from the recently passed American Taxpayer Relief Act of 2012. 

    The tax items for 2013 of greatest interest to most taxpayers include the following changes.

    • Beginning in tax year 2013 (generally for tax returns filed in 2014), a new tax rate of 39.6 percent has been added for individuals whose income exceeds $400,000 ($450,000 for married taxpayers filing a joint return). The other marginal rates undefined 10, 15, 25, 28, 33 and 35 percent undefined remain the same as in prior years. The guidance contains the taxable income thresholds for each of the marginal rates.
    • The standard deduction rises to $6,100 ($12,200 for married couples filing jointly), up from $5,950 ($11,900 for married couples filing jointly) for tax year 2012.
    • The American Taxpayer Relief Act of 2012 added a limitation for itemized deductions claimed on 2013 returns of individuals with incomes of $250,000 or more ($300,000 for married couples filing jointly).
    • The personal exemption rises to $3,900, up from the 2012 exemption of $3,800. However beginning in 2013, the exemption is subject to a phase-out that begins with adjusted gross incomes of $250,000 ($300,000 for married couples filing jointly). It phases out completely at $372,500 ($422,500 for married couples filing jointly.)
    • The Alternative Minimum Tax exemption amount for tax year 2013 is $51,900 ($80,800, for married couples filing jointly), set by the American Taxpayer Relief Act of 2012, which indexes future amounts for inflation. The 2012 exemption amount was $50,600 ($78,750 for married couples filing jointly).
    • The maximum Earned Income Credit amount is $6,044 for taxpayers filing jointly who have 3 or more qualifying children, up from a total of $5,891 for tax year 2012.
    • Estates of decedents who die during 2013 have a basic exclusion amount of $5,250,000, up from a total of $5,120,000 for estates of decedents who died in 2012.
    • For tax year 2013, the monthly limitation regarding the aggregate fringe benefit exclusion amount for transit passes and transportation in a commuter highway vehicle is $245, up from $240 for tax year 2012 (the legislation provided a retroactive increase from the $125 limit that had been in place).

    Details on these inflation adjustments and others are contained in Revenue Procedure 2013-15, which will be published in Internal Revenue Bulletin 2013-5 on Jan.28, 2013. Other inflation adjusted items were published in October 2012 in Revenue Procedure 2012-41.

  • 11 Jan 2013 3:20 PM | Anonymous

    Due to late tax law changes, the 2013 filing season for processing individual income tax returns will begin on January 30, 2013.

    Certain tax returns will not be accepted, either electronically or on paper, until later in the filing season. Details on affected forms are in IRS News Release IR- 2013-2.

    EROs and Online Providers may hold tax returns containing one or more of these forms until the IRS can accept them. EROs and Online Providers must advise taxpayers that the returns will not be e-filed until the IRS can accept the returns beginning January 30. Clearly explain to the taxpayer that this means the period for processing the return and/or checking the taxpayer's refund status cannot begin before January 31, 2013.

    Therefore, the e-file stockpiling rule does not apply in this situation. For more details on stockpiling, see Publication 1345 Authorized IRS e-file Providers e-filing Individual Income Tax Returns.
  • 11 Jan 2013 10:06 AM | Anonymous

    Dear Virginia Tax Practitioner,

    As the IRS Stakeholder Liaison area manager for Virginia, I want to thank you for your past support and ask for your continued partnership with you local stakeholder liaisons and me. SL is proud to be in our seventh year as the practitioner's gateway to the IRS. 

    We introduced the Issue Management Resolution System (IMRS) seven years ago and have received more than a thousand IMRS issues. Check out some of the successes in our IMRS report on IRS.gov.  Please continue to tell us when you see a problem or have a suggestion to improve our processes.

    Redesigned www.irs.gov

    Our website has been recently redesigned. The new platform will deliver what you need at a faster pace.  Highlights from the redesigned website include:

    ·         Return to the home page from anywhere on the site by clicking on the IRS logo

    ·         Find familiar headings (individuals, businesses, charities, etc.) by clicking on the down-arrow at “Information For" in the top right-hand corner

    ·         Find a database listing of tax-exempt organizations, called "EO Select Check", under "Information For" Charities

    ·         Find Resources for Tax Professionals all on one page

    ·         Locate all our social media on our New Media page

    ·         Search our new Third Party Reporting Information Center for guidance on Forms Series 1099, etc.

    ·         Subscribe to our e-News Services.  All IRS subscriptions are sent from irs@service.govdelivery.com. PTIN reminders are also sent from this address. When in doubt about a link in an email, you can always go directly to www.irs.gov.

    Keep up to date with RPO

    Visit our Web page for PTIN Requirements for Tax Return Preparers to keep current on the rules and process your renewals. For additional PTIN information, contact the IRS Tax Professional PTIN Information line at 877-613-7846, available Monday-Friday, 8 a.m. - 5 p.m. CST.

     

    How you can help your clients and colleagues

    There are many ways you can assist us to further our partnership. Help us reach more practitioners by hosting joint events or webinars. Include IRS information in your newsletters or post an IRS tax center or web link on your website. You can even volunteer to teach a Small Business Tax Workshop in your community and share what you learn.


    Finally, stay in touch with your local Stakeholder Liaison.  You may also contact me or if you need assistance in

    Virginia, contact an SL below.

    Herbert D. (Ley) Mills

    Anna L. Falkenstein

     

    Phone: 804-916-3892

    Phone: 703-462-5925

    Fax: 804-916-3895

    Fax: 877-477-8418

    Email:

    herbert.mills@irs.gov

    Email:

    anna.l.falkenstein@irs.gov  

     

    Filing season can be a challenging and stressful time, but together we can make it easier. Use our free tools, products and services; and raise your issues and concerns through your local stakeholder liaison.

    Sincerely,

    David R. Yeskoo

    Area Manager

    Stakeholder Liaison Field,

    South Atlantic

    400 N. 8th Street

    Box 40Room 1068

    Richmond, VA     23219-4838

  • 11 Jan 2013 9:36 AM | Anonymous
    (excerpts from letter written by Carol Campbell, IRS RPO Director)

    We recently announced that if you failed to meet the new 15-hour CE requirement for 2012, you could make up those hours in 2013. I read [the submitted] comments with great interest and would like to provide you a more in-depth explanation of why we took this action.

    I appreciate your passion around this issue, because to me it means that you care about your profession and the success of this program. We need the energy and zeal that you bring. But whether you agree or disagree with the decision to allow additional time to complete the 2012 CE requirements, the reason the time was extended was to allow practitioners who are trying to comply and may have fallen short an additional opportunity to get it right. Not everyone has as clear understanding of the requirements ....

    So, what did go into the decision to extend the completion time?

    First, we (the IRS) did not issue our news release affirmatively stating the 15 hour CE requirement for 2012 until the second week of February 2012. Although the authority to require 15 hours of CE was provided for in Notice 2011-80 issued on October 24th 2011, at that point in time, we did not have a CE program with a registration system or available providers for Registered Tax Return Preparer (RTRP) candidates. It was not until early February that we were sure we would have sufficient CE providers to handle requests for CE.

    Second, because RTRP candidates have until December 31, 2013 to test, many in your community did not understand that the CE requirement applied before they had passed the test. This was not an unreasonable assumption given that CE requirement for the other test offered by the IRS, the Special Enrollment Exam, comes after the test is passed. Although this was clearly not the rule here, our efforts to get this information out seem to have fallen short. We attempted to clarify and address this issue at every available opportunity and at the same time engaged with practitioner organizations to get this information out, but we still found there was quite a bit of confusion around this one issue.

    Third, the return preparer program is still new – all the pieces have yet to be fully implemented. We want the preparer community to understand the new requirements and to complete them. So while we are still in this stage of transition, I want to do everything reasonably possible to give those who are trying to meet their new responsibilities to be successful.

    I appreciate, commend and rely on those of you who have made it your priority to understand the new rules to timely comply with them, especially those of you for whom all of this is brand new. But the return preparer community, like every other community of professionals is diversely made and not everyone understands or embraces change as quickly as others and not everyone will get it right the first time. While I have an obligation to run a program that is fair to all of you, in the initial stages of this program, I also have to ensure I have provided every opportunity for successful completion for those who are trying to adhere to the new requirements. I am not talking about those who have no intention of complying, those who are procrastinating hoping for a different decision or those who would undermine the program; I am talking about those practitioners trying to understand and adhere to the new requirements, who just have not got it quite right yet.

    This was the first year (and not a complete year) for CE for registered tax return preparer candidates, so we are trying to provide a little flexibility. We have not absolved those who failed to meet the time line of their obligations. While those of you who completed your 15 CE hours by December 31, 2012 will only have 15 hours to complete in 2013, those who fell short will have up to 30 hours to complete.

    The decision to be flexible here should not be inferred as some type of advance prediction of what will happen if the testing deadline is not met. I view the two decisions as completely separate things. Everyone, (except those new to the profession) with a testing requirement will have had more than 2 years to satisfy that requirement by the end of 2013. The reasons to be flexible with respect to CE will not drive any decision with respect to testing and making assumptions about the testing requirements in this context is not helpful to the overall goal.

    I understand that there is room for disagreement on this CE issue and I also understand that there are some strong feelings on the subject, but whether you agree or disagree with the process, I believe we all want the same ultimate result and I ask for your continued diligence and support as we move this program forward. Please continue to share information we release and post to the website with those you know are unaware of the requirements, with those that do not have or are unlikely to have access to the information, with those that do not belong to the professional organizations and with those who may be simply confused and feeling a little overwhelmed.

    Thank you for your time and Happy New Year!

    Carol

  • 09 Jan 2013 11:27 AM | Anonymous

    WASHINGTON - Following the January tax law changes made by Congress under the American Taxpayer Relief Act (ATRA), the Internal Revenue Service announced today it plans to open the 2013 filing season and begin processing individual income tax returns on Jan. 30.

    The IRS will begin accepting tax returns on that date after updating forms and completing programming and testing of its processing systems. This will reflect the bulk of the late tax law changes enacted Jan. 2. The announcement means that the vast majority of tax filers -- more than 120 million households -- should be able to start filing tax returns starting Jan 30.

    The IRS estimates that remaining households will be able to start filing in late February or into March because of the need for more extensive form and processing systems changes. This group includes people claiming residential energy credits, depreciation of property or general business credits. Most of those in this group file more complex tax returns and typically file closer to the April 15 deadline or obtain an extension.

    “We have worked hard to open tax season as soon as possible,” IRS Acting Commissioner Steven T. Miller said. “This date ensures we have the time we need to update and test our processing systems.”

    The IRS will not process paper tax returns before the anticipated Jan. 30 opening date. There is no advantage to filing on paper before the opening date, and taxpayers will receive their tax refunds much faster by using e-file with direct deposit.

    “The best option for taxpayers is to file electronically,” Miller said.

    The opening of the filing season follows passage by Congress of an extensive set of tax changes in ATRA on Jan. 1, 2013, with many affecting tax returns for 2012. While the IRS worked to anticipate the late tax law changes as much as possible, the final law required that the IRS update forms and instructions as well as make critical processing system adjustments before it can begin accepting tax returns.

    The IRS originally planned to open electronic filing this year on Jan. 22; more than 80 percent of taxpayers filed electronically last year.

    Who Can File Starting Jan. 30?

    The IRS anticipates that the vast majority of all taxpayers can file starting Jan. 30, regardless of whether they file electronically or on paper. The IRS will be able to accept tax returns affected by the late Alternative Minimum Tax (AMT) patch as well as the three major “extender” provisions for people claiming the state and local sales tax deduction, higher education tuition and fees deduction and educator expenses deduction.

    Who Can’t File Until Later?

    There are several forms affected by the late legislation that require more extensive programming and testing of IRS systems. The IRS hopes to begin accepting tax returns including these tax forms between late February and into March; a specific date will be announced in the near future.

    The key forms that require more extensive programming changes include Form 5695 (Residential Energy Credits), Form 4562 (Depreciation and Amortization) and Form 3800 (General Business Credit). A full listing of the forms that won’t be accepted until later is available on IRS.gov.

    As part of this effort, the IRS will be working closely with the tax software industry and tax professional community to minimize delays and ensure as smooth a tax season as possible under the circumstances.

    Updated information will be posted on IRS.gov.

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