IRS explains in Tax Tip 2023-81 the application of IRC Sec 121- Exclusion of Gain on Sale of a Principal Residence, $250,000 per spouse--keep in mind that the home must be your Main Home and you must BOTH Own and Live in it or use it for at least 2 years, 34 months or 730 days in the 5 yea...

The IRS reminds us under Tax Tip 2023-74 that after filing your 2022 US income tax return taxpayers can receive anyone of four (4) different types of IRS Theft ID letters, requiring them to follow a certain set of instructions prior to their tax returns being processed. Scammers sometimes...

The IRS reminds us in IR—23-100 what we can do in the event of a natural disaster to reconstruct our records, some tips to keep in mind when we may apply for federal assistance or insurance reimbursements! In recognition of National Hurricane Preparedness Week and National Wildfire Awar...

The IRS reminds us through Tax Tip 2023-61 of Hobby Loss deductibility restrictions, please keep these in mind when preparing your US income taxes!! Sometimes the line between having a hobby and running a business can be confusing, but knowing the difference is important because hobbies a...

Huge news- The US Supreme Court on February 28, 2023 holds in a decision on Bittner, No. 21-1195 (U.S. 2/28/23)) vs. (Boyd, 991 F.3d 1077 (9th Cir. 2021)) that the $10,000 non willful FBAR Form 114 penalty is per report, not per account! The U.S. Supreme Court held Tuesday in a 5-4 decisi...

The IRS announced in IR-2023-22 on February 9, 2023 as a follow up from its June 23, 2022 announcement that we are now able to efile Amended Form 1040NR- U.S. Nonresident Alien Income Tax Return, that we can now also choose to direct deposit the refunds to speed them up! In the latest imp...

The IRS explains In Tax Tip 2023-06 to parents of adopted children that taxpayers who adopted or started the adoption process during 2022 should review the rules around the adoption credit and the amount of the credit increases for qualified taxpayers. The adoption tax credit lets familie...

In IRS Tax Tip 2023-03 the IRS discusses the differences between the Itemized Deduction and the Standard Deduction. One of the first decisions taxpayers must make when completing a tax return is whether to take the standard deduction or itemize their deductions. There are several factors ...

The IRS announces with IR-2022-217 The IRS reminds taxpayers that are over 72 years of age that is born in 1950 must begin receiving payments from Individual Retirement Accounts (IRAs) and workplace retirement plans. The payments are called required minimum distributions (RMDs), even if th...

The IRS provides a timely and excellent reminder in Tax Tip 2022-162 about important info for people to consider before they dip into their hard-earned retirement savings for hardship distributions, early withdrawals or loans. In addition to a reminder n Required Minimum Distributions. No...

Just a little reminder the Backdoor ROTH is not a certainty going forward, it lives to fight another tax year! If your income exceeds the limits to contribute directly to a Roth IRA, you may have heard about the so-called 'Backdoor Roth IRA,' which allows traditional IRA conversions to ...

IRS reminds taxpayers in IR-2022-174 of the Form 114 FBAR, that the extended October 17, 2022 deadline is approaching! Filers affect by a natural disaster in Puerto Rico, Florida, North Carolina and South Carolina may have their FBAR due date further extended. WASHINGTON – The Inte...

The IRS reminds us that we can contribute for 2023 up to $16,000 to a ABLE (Achieving a Better Life Experience) account, including rollovers from the same beneficiaries 529 College Savings plan tax free, where qualified disability expenses (QDE) may be withdrawn tax free!  QDE generally...

“Read all about it”---The IRS in IR-2022-155 re Notice 2022-36 takes the absolutely unprecedented step in providing automatic late filing penalty relief (5% penalty)  to individuals and businesses for tax years 2019 and 2020 on a blanketed basis for all taxpayers affected by Covid-1...

The IRS in Tax Tip 2022-92 explains some tax considerations for people who are separating or divorcing--  The tax treatment of alimony and separate maintenance payments and who can claim a Dependent Child in cases of Separation, Divorce or parents Living Apart, including the optional fi...

Terrific explanation on how workers and self employed persons can avoid a double Social Security obligation when either a US person lives and works outside the US and where a foreign national lives and works inside the US- Explanation of FICA taxes, Detached Employee Rules- Five Years or M...

Finally we will obtain clarity on the FBAR penalty found on FinCEN Form 114, under Code of Federal Regulations (CFR)- Internal Revenue Service to CFR Title 31- Money and Finance: Treasury and managed by FinCEN- the Federal Crimes Enforcement Network. The U.S. Supreme Court on Tuesday, June...

The IRS announced Thursday, June 23, 2022 that we are now able to efile Amended Form 1040NR- U.S. Nonresident Alien Income Tax Return, however it will be some time before the software manufacturers catch up and implement these changes. Taxpayers are now able to file amended returns electr...

The IRS in Tax Tip 2022-18 explains who can claim a Dependent Child in cases of Separation, Divorce or parents Living Apart, Including the use of Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. Parents who are divorced, separated, never marrie...

In IRS Tax Tip 2022-103 don’t believe all those TV and Radio commercials from scam non licensed businesses promising to “…settle your tax debt for pennies on the dollar.”  The IRS does not negotiate tax debt.  Why CNN continues to sell them airtime is a mystery… As the old...

The IRS explains in Tax Tip 2022-76 how getting married can affect your US income tax filings, from changing your name, addresses, changing your withholdings and adjusting your filing status, in addition to how kids summer camp can affect the Child and Dependent Care Credit and working Par...

IRS reminds taxpayers in IR-2022-73 of the Form 114 FBAR, not to worry as these are generally extended beyond April or June 2022 all the way to October 17, 2022 without any extension required. The Internal Revenue Service today reminded U.S. citizens, resident aliens and any domestic ...

The IRS reminds us in IR-2022-70 that the Maximum Educator expense Deduction is $250 for tax year 201 and rises to $300 for tax year 2022, rising $50 per annum with inflation thereafter.  This pertains to teachers from Kindergarten to 12th grade regarding their unreimbursed expenses- Bo...

IRS reminds us in Tax Tip 2022-51 that the Tax year 2018 is about to fall off the table on April 18, 2022, 1.5 billion in unclaimed refunds are waiting…. The last date to file a claim for refund is the later of 3 years from the extended due date of the tax year filing or 2 years after ...

The IRS reminds us that the Child and Dependent Care Credit was expanded for the 2021 US tax year, for taxpayers with an Adjusted Gross Income of under $438,000, it is 8,000 per qualifying person up to 2 qualifying persons or $16,000, where a qualifying dependent is a dependent 12 years ...

In IRS Tax Tip 2022-38 the IRS does an excellent job at explaining and advising on the American Opportunity Tax Credit (AOTC) and the Lifetime Learning Credit (LLC). Higher education is important to many people and it’s often expensive. Whether it’s specialized job training or an ...

IRS reminds us that we have until April 18, 2022 of this 2021 tax year to make a $6,000 (with catchup for age 50 to $7,000) IRA contributions- Traditional or ROTH IRA for the 2020 tax year, don’t be late! The Internal Revenue Service reminds taxpayers they may be able to claim a ded...

The Child and Dependent Care Credit may come into play for tax year 2021, the maximum eligible expense for this credit is $8,000 for one child and $16,000 for two or more for qualifying persons! Taxpayers who are paying someone to take care of their children or another member of house...

The IRS reminds us using Tax Tip 2022-22 that taxpayers receiving Social Security benefits may have to pay federal income tax on a portion of those benefits. Social Security benefits include monthly retirement, survivor and disability benefits. They don't include supplemental security in...

The IRS reminds us using Tax Tip 2022-13 that our filing status is determinate on December 31 of each tax year, and a description of each filing status! A taxpayer’s filing status tells the IRS about them and their tax situation. This is just one reason taxpayers should familiarize them...

What happens when you do not use up all your FSA? Do you have a tax-saving flexible spending account (FSA) with your employer to help pay for health or dependent care expenses? As the end of 2021 nears, there are some rules and reminders to keep in mind.   An account for health e...

Hip, hip hooray for regulation in the Cryptocurrency market, the guessing work and reliance on 3rd party software is finally gone. The Infrastructure Investment and Jobs Act (IIJA) was signed into law on November 15, 2021. It includes new information reporting requirements that will gen...

Have you ever wondered how damage awards and out of court settlements may be taxed by the IRS?! Awards and settlements are routinely provided for a variety of reasons. For example, a person could receive compensatory and punitive damage payments for personal injury, discrimination or ha...

Tax consequences to consider between the state you currently live in and the state you want to move to! Are you considering a move to another state when you retire? Perhaps you want to relocate to an area where your loved ones live or where the weather is more pleasant. But while you’...

The IRS reminds us that we can contribute for 2022 up to $15,000 to a ABLE (Achieving a Better Life Experience) account, including rollovers from the same beneficiaries 529 College Savings plan tax free, where qualified disability expenses (QDE) may be withdrawn tax free!   QDE generally ...

Notice- October 5, 2021- The Financial Crimes Enforcement Network (FinCEN) announced that victims of Ida and the CA wildfires and Tropical storm Fred have until December 31, 2021 to file their FBAR Form 114.   FinCEN is offering this expanded relief to any area designated by the Federal E...

The IRS provides an excellent breakdown on the different types of IRA’s, their uses and differences, the contributions and withdrawal features of each. Individual Retirement Arrangements, or IRAs, provide tax incentives for people to make investments that can provide financial security ...

The IRS explains with tax tip 2021-134 that when you start a business you have options as to the business structure, Sole proprietorship, Partnership, Corporation, S corporation and LLC.  Also you can choose your year end, it does not have to be December 31. Small business owners have a ...

The IRS reminds us on the differences between employed individuals and self employed individuals, remember please consult the IRS’s Revenue Ruling 87-41 for the IRS’s 20 point analysis! This is a hotly audited IRS focused area! During National Small Business Week, the Internal Revenue...

An excellent expose on a US persons obligation to report their foreign asset holdings/ foreign accounts on FBAR Form 114, FATCA Form 8938, the variety of penalties imposed for failure to do so and the remedies available to fix these delinquent reporting requirements. EXECUTIVE SUMMARY ...

The IRS explains in Tax Tip 2021-82 how getting married can affect your US income tax filings, from changing your name, addresses, changing your withholdings and adjusting your filing status. The arrival of summer is also the start of wedding season. Marriage changes many things and taxes...

IRS reminds us that the Tax year 2017 is about to fall off the table on May 17, 2021, 1.3 billion in unclaimed refunds are waiting…. The last date to file a claim for refund is the later of 3 years from the extended due date of the tax year filing or 2 years after the tax was paid. Uncl...

In a similar finding to the district court in the matter of Bittner (DC TX 6/29/2020), the Court of Appeals for the Ninth Circuit on March 26, 2021 ruled that the IRS can impose only one non-willful penalty under 31 USC 5321(a)(5)(A) when an untimely, but accurate, Report of Foreign Bank a...

The Fourth Circuit affirmed penalties for a taxpayers failure to file Financial Crimes Enforcement Network (FinCEN) Form 114, Report of Foreign Bank and Financial Accounts (FBAR) were ‘willful’ despite there claim to be unaware of the requirement! The Court found them to be ‘objectiv...

IRS reminds us that we have until April 15, 2021 of this 2020 tax year to make a $6,000 (with catchup for age 50 to $7,000) IRA contributions- Traditional or ROTH IRA for the 2019 tax year, don’t be late! The Internal Revenue Service notes that taxpayers of all ages may be able to claim...

FinCEN (Financial Crimes Enforcement Network) on December 31, 2020 advised filers that although accounts holding virtual currency are not currently considered a reportable account, it to pros=pose shortly changes that will require virtual currency accounts reportable under 31 CFR 1010.350(...

The district court in the matter of Bittner (DC TX 6/29/2020), concluded that the penalty for a non-willful FBAR violation relates to each FBAR Form 114 not timely or properly filed rather than to each foreign financial account maintained but not timely or properly reported. Only time wil...

As we have warned in the past ITIN’s not used at least once every 3 years and 5 years after issuance now expire, the following applies to the 2020 tax year for returns filed in 2021. The later requirement will affect ITINs with middle digits of 88, 90, 91, 92, 94, 95, 96, 97, 98 or 99, i...

On September 24, 2019 the IRS released IR-2019-158 containing Revenue Procedure 2019-38 that contained a safe harbor which would allow a rental activity to be treated as Qualified Business Income for the purposes of IRC Sec 199A. This Safe Harbor contains a 250 hour requirement, however If...

The IRS does an excellent job at explaining and advising on the American Opportunity Tax Credit (AOTC) and the Lifetime Learning Credit (LLC). Whether it’s online, in-person, part-time or full-time, higher education can be expensive. The good news is there are tax credits that can help ...

Major IRS milestone helps taxpayers correct tax returns with fewer errors, speeds processing The IRS announces in IR-2020-182 as we reported on May 27, 2020 that the ability to for Amended efiling starting with the 2019 tax year only, is now a reality and is effective and in place effecti...

IRS reminds us that the Tax year 2016 is about to fall off the table on July 15, 2020, 1.5 billion in unclaimed refunds are waiting…. The last date to file a claim for refund is the later of 3 years from the extended due date of the tax year filing or 2 years after the tax was paid. Unc...

IRS reminds us that we have until July 15 of this 2020 tax year to make a $6,000 (with catchup for age 50 to $7,000) IRA contributions- Traditional or ROTH IRA for the 2019 tax year, don't be late! The Internal Revenue Service today reminded people that contributions to traditional Indivi...

Finally…the IRS announces in IR-2020-107 that starting this summer of 2020 they will begin to allow for Amended efiling starting with the 2019 tax year only, a long awaited and overdue change that should dramatically speed up the processing times of filing amended tax returns hat have st...

The case of the U.S. vs Brian Nelson Booker a Florida based CPA the first person criminally charged by the Department of Justice (DOJ) with allegedly making false statements in connection with the IRS’s Streamlined Domestic Offshore Program (SDOP), reminds us that filing a Streamlined su...

The IRS has issued Rev Proc 2020-17, 2020-12 IRB, that exempts from information reporting requirements certain tax-favored foreign trusts that are established and operated exclusively or almost exclusively to provide pension or retirement benefits, or to provide medical, disability, or e...

The IRS explains to parents of adopted children that taxpayers who adopted or started the adoption process during 2019 should review the rules around the adoption credit and the amount of the credit increases for qualified taxpayers, the rules remain the same. Taxpayers who adopted or sta...

The IRS explains the Child Tax Credit (CTC) with phase out ranges STARTING at $400,00 for married filing joint filers.  The IRS reminds us of what the parameters for claiming the CTC starting in January 1 of 2019. Taxpayers may be able to claim the child tax credit if they have a qualify...

The IRS wants you to know that they have combined forces with the United Kingdom (UK), United States (US), Canada, Australia and the Netherlands to catch offshore tax evasion as a result of an international financial institution located in Central America, whose products and services are b...

The IRS explains how the Gig economy- (also called sharing economy or access economy—is activity where people earn income providing on-demand work, services or goods. Often, it’s through a digital platform like an app or website..) is taxed, so timely and relevant in today's changing w...

The IRS explains how the receipt of your tax season refund can be affected by many factors, including whether you efile or paper file, theft ID and whether you claim the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) do not expect your refund before mid-February. As...

What the IRS wants teachers from Kindergarten to 12th grade to know about unreimbursed expenses that they incur for the classroom. Now that fall is here and school has started, many teachers are dipping into their own pockets to buy classroom supplies. Doing this throughout the year can a...

The IRS is aware that some taxpayers with virtual currency transactions may have failed to report income and pay the resulting tax or did not report their transactions properly.  Therefore for the first time since 2014 the IRS has released two new pieces of guidance for taxpayers who enga...

Some excellent recourses available by the IRS when it comes to charitable giving!  Is the charitable organization a legit US registered charity, how to fair value items, rules on deductibility, and non-cash donations. Taxpayers who donate to a charity may be able to claim a deduction on ...

With the signing of the TCJA 2017 legislation on December 22, 2017 to become effective as at January 1, 2018 the Child Tax Credit (CTC) took on a whole new life.  With new phase out ranges STARTING at $400,00 for married filing joint filers, it was not uncommon this past 2018 tax season t...

The Child and Dependent Care Credit may come into play when the Child Tax Credit does not, learn who qualifies, the maximum credit available, the type of care that qualifies, and the provider information required to claim the credit. Taxpayers with dependents may qualify to claim a few di...

The IRS does an excellent job at comparing and contrasting the American Opportunity Tax Credit (AOTC) and the Lifetime Learning Credit (LLC). There are two education credits that can help taxpayers with higher education costs: the American opportunity tax credit and the lifetime learnin...

If you pay for college in 2018, you may receive tax credits for education on your federal tax return.  Even if you’re studying outside of the U.S. the American Opportunity Tax Credit (AOTC) and the Lifetime Learning Credit (LLC) may reduce the amount of tax you owe, but only the AOTC is...

With the passage of the 2017 TCJA legislation signed into law on December 22, 20917 we are reminded of the tax law changes related to alimony and separation payments as applicable to 2019 US tax filings.  Beginning Jan. 1, 2019 alimony or separate maintenance payments are not deductible f...

As we warned you on July 25, 2019 at the end of 2019 (to file for 2019 tax returns in 2020) ITINs expire after not being used at least once in the last 3 tax years, as well as ITINs with middle digits of 83, 84, 85, 86 or 87 expire. Taxpayers with expiring individual taxpayer identificat...

What the IRS wants taxpayers to know about filing mistakes on their tax returns.  Taxpayers can fix mistakes or omissions on their tax return by filing an amended tax return. If you need to amend, the following tips should prove helpful to you. Although the IRS often finds and corrects e...

In 2019, the United States and the French Republic memorialized through diplomatic communications an understanding that the French Contribution Sociale Generalisee (CSG) and Contribution au Remboursement de la Dette Sociate (CRDS) taxes are not social taxes covered by the Agreement on Soci...

As previously blogged back on March 22, 2019, Protax warned that under The Fixing America’s Surface Transportation Act (FAST Act), P.L. 114-94, adding Sec. 7345, which authorizes the IRS to certify to the secretary of State that when a taxpayer is seriously delinquent with his or her tax...

The IRS explains with tax tip 2019-116 that when you start a business you have options as to the business structure, Sole proprietorship, Partnership, Corporation, S corporation and LLC.  Also you can choose your year end, it does not have to be December 31. Starting a business can be ve...

How the TCJA 2017 act severely limited Itemized Deductions starting on January 1, 2018, while eliminating the phaseout entirely.  Gone are unreimbursed employee expenses, investment expenses and personal casualty & theft losses unless the casualty is declared a federal disaster area b...

What happens when your CPA gets hacked, and your data is compromised, what the IRS Mandates we must do as professional CPA’s to protect the general public and your data.  Contact the IRS and law enforcement, contact the states in which you prepare returns, contact experts and contact cl...

Please remember at the end of 2019 (to file for 2019 tax returns in 2020) ITINs expire after not being used at least once in the last 3 tax years, as well as ITINs with middle digits of 83, 84, 85, 86 or 87 expire! Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are se...

FinCEN makes it clear that regulations (31 C.F.R. §1010.350(c)) do not define virtual currency held in an offshore account as a type of reportable FBAR Form 114 account. Tax practitioners and taxpayers alike have long grappled with whether virtual currency, aka cryptocurrency, is report...

When you start collecting Social Security can have a significant impact on the monthly benefit you receive, the moral of the story is although you can start collecting at age 62 the longer you wait until Full Retirement Age (FRA) (anywhere from age 65-67) up to age 70 due to the Delayed Re...

The IRS reminds taxpayers who is eligible for a home office deduction, the types of expenses they may claim and the methods available to claim home office deductions. Small business owners may qualify for a home office deduction that will help them save money on their taxes, and benefit ...

What the IRS wants taxpayers to know about filing mistakes on their tax returns.  Taxpayers can fix mistakes or omissions on their tax return by filing an amended tax return. If you need to amend, the following tips should prove helpful to you. Taxpayers who discover an error after filin...

The IRS re-introduces us to IRS Form 8300 required to be filed for all cash transactions in excess of $10,000 that occur in a trade or business. Federal law requires a person to report cash transactions of more than $10,000 to the IRS. Here are some facts about reporting these payments. ...

IRS reminds taxpayers of the Form 114 FBAR, Form 8938 Statement of Specified Foreign Financial Asset filing deadlines, not to worry as these are generally extended beyond April or June 2019 all the way to October 15, 2019.  Also of mention is the now defunct OVDP program and Streamlined. ...

The IRS reminds taxpayers what happens in the event they decide to  raid their retirement plans---early withdrawals may be taxable or non taxable and subject to penalty. Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this ca...

The IRS reminds us that since taxpayers can no longer claim personal exemptions for dependents on their tax returns, other reasons why we may want to claim dependents. As they are preparing their 2018 tax returns, taxpayers should remember that personal exemptions are suspended for 2018. ...

On February 12, 2019 we reported that the IRS announced that Tesla, Inc. had sold more than 200,000 vehicles eligible for the plug-in electric drive motor vehicle credit during the third quarter of 2018.This triggered a phase out of the tax credit available for purchasers of new Tesla plug...

Federal Appeals overturns a 2017 Federal District court decision (launched by 700,000 in a class action suit, mainly non licensed nonprofessional tax outfits) that the IRS had no authority to charge a fee to tax preparers to obtain a PTIN.  The case centered around that "… the assessmen...

The IRS reminds taxpayers that, in most cases, Monday, April 1, 2019, is the date by which persons who turned age 70½ during 2018 must begin receiving payments from Individual Retirement Accounts (IRAs) and workplace retirement plans.  The payments are called required minimum distributio...

The IRS warns taxpayers to be alert to tax time phone scams where aggressive criminals pose as IRS agents in hopes of stealing money or personal information. Phone scams or “vishing” (voice phishing) continue to pose a major threat. IRS YouTube Videos: Tax Scams – English | Spanis...

The IRS explains how its database is linked to that of the US Social Security Administration and what you have to do if you change your name! When someone legally changes their name, there are tax consequences they need to know about., especially at tax time. People change their names for...

As previously blogged back in February of 2019, Protax warned that under The Fixing America’s Surface Transportation Act (FAST Act), P.L. 114-94, adding Sec. 7345, which authorizes the IRS to certify to the secretary of State that a taxpayer is seriously delinquent with his or her taxes....

The TCJA 2017 legislation and how it affects US expats, how to qualify for the exclusions, State tax laws when moving overseas and how to let the IRS know! Whether you are moving abroad to study, travel, put up a business, or work, one of the many things you should not forget to do is to ...

IRS explains the Individual Retirement Account (IRA) different types, their purpose, deductibility, taxability, rollovers and when you are required to withdraw funds called a Requirement Minimum Distribution or RMD. Individual Retirement Arrangements – better known simply as IRAs – a...

IRS explains how the December 22, 2017 TCJA 2017 dropped the backup withholding tax rate from 28% to 24%, backup withholding occurs when the payer does not have the taxpayers correct ITIN or SSN, or fail to certify that they are not subject to backup withholding. The IRS urges taxpayers w...

The Tax Cuts and Jobs Act (TCJA), also called the 2018 tax reform, is the most drastic change to the Internal Revenue Code in over 30 years. When it comes to expats, most of the key changes brought on by TCJA have little or no effect given that the chief expat benefits like the foreign e...

IRS explained the changes to the Child Tax Credit that will now apply to many more US filers as a result of the TCJA 2017 legislation as it pertains to individuals filers. Many people claim the child tax credit to help offset the cost of raising children. Tax reform legislation enacted l...

An excellent synopsis of the major TCJA 2017 legislation affecting Individuals for the upcoming 2018 (performed in 2019) tax season, as well as some expired adjustments that congress never extended. Terrific read. Return preparers must be ready for how the Tax Cuts and Jobs Act has modifi...

The IRS announced that Tesla, Inc. has sold more than 200,000 vehicles eligible for the plug-in electric drive motor vehicle credit during the third quarter of 2018. This triggers a phase out of the tax credit available for purchasers of new Tesla plug-in electric vehicles beginning Jan. 1...

As previously blogged back in February of 2018, Protax warned that under The Fixing America’s Surface Transportation Act (FAST Act), P.L. 114-94, adding Sec. 7345, which authorizes the IRS to certify to the secretary of State that a taxpayer is seriously delinquent with his or her taxes....

IRS announces that as a result of the major legislative changes as a result of the TCJA of 2017 it is modifying the safe harbor test for the estimated tax penalty calculated on Form 2210 for any taxpayer who paid at least 85 percent (versus the current rule of 90%) of their total tax liabi...