Month: September 2017

In a recent blog, National Taxpayer Advocate Nina Olson explained why taxpayers can’t rely on answers to Frequently Asked Questions (FAQs) and Answers and other forms of “unofficial” guidance that are posted on the IRS website. While tax professionals already knew this, many taxpayers may find it to be a disturbing revelation.

Olson’s blog notes that there are three types of tax guidance:

IRS Regulations

Guidance in IRS final and temporary regulations is binding on both the IRS and taxpayers, except in relatively rare instances where a taxpayer is able to persuade a court to invalidate the regulation. Some proposed regulations are also binding on the IRS and taxpayers.

Regulations are subject to careful internal review and public comment before they are issued. If taxpayers rely on guidance published in temporary and final regulations (and some proposed regulations), they can’t be assessed additional taxes or penalties for failing to follow the rules.

Other Official IRS Guidance

In Internal Revenue Bulletins (IRBs), the IRS issues the following forms of so-called published guidance:

• Revenue Rulings,
• Revenue Procedures,
• Notices, and
• Announcements.

The IRS is generally required to follow its own published guidance. However, taxpayers can challenge IRS positions in court and seek to persuade the court that their own interpretation of the underlying tax law is correct. Occasionally, some published guidance is withdrawn or replaced by more current guidance. If taxpayers rely on currently applicable published guidance, they can’t be assessed additional taxes or penalties for failing to follow the rules.

Unofficial Guidance

The IRS puts out what it calls unofficial guidance in many forms including tax forms and instructions, press releases, online publications, website articles and website FAQs and Answers. Such unofficial guidance generally isn’t subject to careful internal review or public commentary before being released. Moreover, the IRS takes the position that taxpayers cannot rely on unofficial guidance even though the IRS has put it out there for public consumption.

For example, FAQs and Answers can be changed at any time and without any public notice. The same holds true for information in IRS publications that are posted on its website. So, if you rely on unofficial IRS guidance in taking a position on a federal tax return, the IRS can audit you and assess additional taxes, as well as interest and penalties on any unpaid taxes, because you didn’t follow the rules — even though what you did was consistent with what the IRS said in unofficial guidance at the time.

Taxpayer Advocate Recommends Changes to IRS Stance

Olson’s blog concludes that it’s unfair to taxpayers that the IRS can change its mind and assess additional taxes, interest and penalties after you’ve filed a tax return based on unofficial IRS guidance. She notes that some unofficial guidance — such as FAQs and Answers — may be published out of necessity in emergency circumstances and when guidance must be issued quickly.

For example, the IRS issued FAQs and Answers to provide quick guidance on the tax treatment for 1) relief provided to victims of Hurricane Katrina, and 2) losses suffered by victims of the Bernard Madoff Ponzi scheme.

Olson recommends that the IRS release FAQs and Answers as official guidance that taxpayers can rely on (similar to IRS Notices and Announcements) as quickly as possible when an issue affects a significant number of taxpayers or will have ongoing relevance.

In addition, Olson recommends that all unofficial guidance include a prominently displayed disclaimer warning taxpayers that the guidance is not binding on the IRS and that taxpayers shouldn’t rely on it because it may not represent the IRS’s official position.

Taxpayers Who Rely on Professional Tax Advice Can Avoid Penalties

Want to avoid IRS penalties? If you hire a competent tax professional and follow his or her advice, you’ll be protected from most IRS penalty assessments as long as you provide the professional with full information about the tax issue in question. Relying on a tax expert demonstrates that you acted in good faith when filing your tax return and reasonably attempted to comply with the tax law. That’s one more good reason to seek professional assistance rather than turning taxes into a risky do-it-yourself project.

Back-to-school season is a good time to review the federal tax breaks that are currently available if you or a loved one will be attending college or graduate school this fall. After all, a higher education degree is one of the biggest investments you’ll ever make.

Applying for Financial Aid

More than 70% of full-time students received grant aid to help pay for higher education costs during the 2016-2017 school year, according to the College Board. Financial aid can substantially reduce college costs, if you apply and qualify. The first step in getting financial assistance is to fill out the Free Application for Federal Student Aid (FAFSA).

The federal college aid formula requires 35% of the assets in your child’s name to be used for college costs. But it only expects about 5.6% of the money in the parent’s name to be spent. So, you may be better off keeping accounts in a parent’s name, especially during the last two years of high school, which is generally when you’ll be asked to start providing tax returns.

One of the biggest mistakes on the FAFSA involves retirement income and home equity. If you’ve included either of these as an asset on the FAFSA or any supplemental financial aid forms, you’ve made a big mistake. For the  purposes of financial aid, your home equity and retirement savings generally aren’t considered when aid is calculated.

Important note: Depending on the school, a different methodology or combination of formulas may be used to calculate financial aid awards. Parents must fill out the FAFSA and then fill out another form that asks for additional information.

Many private colleges and universities use the Institutional Methodology, which penalizes families with a great deal of home equity but permits more generous treatment of items such as medical expenses, elementary and secondary school tuition and child support. It also assumes the student will spend some time each year working to earn money.

A third methodology, called the Consensus Approach, is now used by approximately 30 colleges and universities, including Yale, Cornell, Stanford, MIT, Columbia, Wellesley and Duke. Among its principles: Students’ assets and parents’ assets are treated the same to discourage families from moving assets between generations.

To make matters more confusing, even if a college uses one of the formulas described above, it can still be flexible when awarding its own money. In other words, when awarding federal grants, loans and most state aid, the federal formula is used, but when awarding a school’s own money, each school a student applies to may make calculations differently.

Need help applying for scholarships, loans and other types of financial aid? Your tax advisors can help you fill out forms and compare your options.

Cost Overview

How much does an advanced degree typically cost? For the 2016-2017 school year, the College Board estimates that the average annual cost (including tuition, fees, and room and board) was $20,090 for in-state students at a public four-year school — and $45,370 for students at a private not-for-profit four-year institution. These estimates don’t include books, supplies, transportation and other expenses a student may incur.

In addition to applying for financial aid (see right), you may be eligible for the following tax breaks to help foot the bill. The eligibility requirements vary for each one, and many are gradually phased out if income is above a certain amount.

American Opportunity Credit

This tax break is well known, probably because it provides the biggest benefit to  most taxpayers. Formerly called the Hope credit (which offered more limited benefits), the American Opportunity credit provides a maximum benefit of $2,500. That is, you may qualify for a credit equal to 100% of the first $2,000 of expenses for the year and 25% of the next $2,000 of expenses. It applies only to the first four years of post-secondary education and it’s available only to students who attend at least half time.

Basically, tuition, course materials and fees qualify for this credit. Courses involving sports, games or hobbies generally don’t count. The credit is per eligible student and is subject to phaseouts based on modified adjusted gross income (MAGI).

Lifetime Learning Credit

If you don’t qualify for the American Opportunity credit because the student in question is beyond the first four years of postsecondary education or attends less than half-time, the Lifetime Learning credit is generally the next best option. It equals 20% of qualified education expenses for up to $2,000 per tax return. There are fewer restrictions to qualify for this credit than for the American Opportunity credit.

The Lifetime Learning credit can be applied to education beyond the first four  years, and qualifying students may attend school less than one-half time. The student doesn’t even need to be part of a degree program. So, the Lifetime Learning credit works well for graduate studies and part-time students who take a qualifying course at a local college to improve job skills. This credit applies to tuition, fees and materials. It’s also subject to phaseouts based on MAGI, however.

Above-the-Line Tuition and Fees Deduction

Typically, an education credit will provide greater tax savings than a deduction, because it reduces taxes dollar for dollar. A deduction reduces only the amount of income that’s subject to tax. But the eligibility requirements vary.

In certain, limited situations, an above-the-line deduction for qualified tuition and fees is more beneficial than the American Opportunity or Lifetime Learning credit. Above-the-line means that this deduction is taken to arrive at adjusted gross income (AGI), not taken from AGI. So, an above-the-line tuition and fees deduction could help reduce your income enough to keep you from having other tax breaks phased out due to income-based limits.

Currently, this deduction has been revived only through 2016, but it could possibly be extended by Congress this fall or retroactively next year. In 2016, the maximum deduction was either $2,000 or $4,000, depending on your MAGI — or, if your MAGI exceeded the limit for the $2,000 deduction ($80,000 for single filers and $160,000 for joint filers in 2016), you were ineligible for this tax break. Tuition and fees required for enrollment in or attendance at an eligible postsecondary educational institution generally qualify for this deduction.

Important note: The deadline for individual extended returns is October 16, 2017. If you qualify and you haven’t filed your 2016 income tax return yet, you can take advantage of these breaks on that tax return.

Deduction for Student Loan Interest

Got student loans? You also may be eligible to deduct up to $2,500 per year of interest paid on a qualified student loan. The loan can’t be from a related party and must have been disbursed within 90 days before the start (or within 90 days after the end) of an academic period. In addition, the loan must have been incurred to cover qualified expenses, including tuition, books and fees. It also may cover transportation and room and board, with certain restrictions.

While not as beneficial as a credit, this deduction may be available as long as you’re still paying interest on a loan. Like the other higher education tax breaks, however, it’s subject to a phaseout based on MAGI.

Employer-Provided Educational Assistance

Each year, you can exclude from your income up to $5,250 of educational assistance provided by your employer. Qualifying expenditures include tuition, fees, books, supplies and equipment. Courses can include any academic studies, except for courses involving sports, games or hobbies. The courses don’t necessarily have to be job-related or part of a degree program. Any amount received over the $5,250 limit is taxable income.

In order for the expenses to qualify, the employer must have a written plan for providing educational assistance. Also be aware that IRS rules are designed to prevent discrimination and favorable treatment for owners and related parties.

Business-Related Education Expenses

There’s no dollar limit to the deduction for business-related education expenses, but you must follow certain rules, depending on who’s footing the bill. If an employer pays for job-related classes to maintain or improve an employee’s skills, they’re deductible by the employer. But they’re not income to the employee. Instead, they’re considered a “working condition” fringe benefit.

However, no deduction is allowed for courses that qualify an individual for a new trade or business. Education to maintain or improve skills needed in your present work isn’t qualifying education if it also qualifies you for a new trade or business. The definition of trade or business has been narrowly interpreted by the IRS and courts.

If you pay for courses to improve or maintain your skills (not to qualify you for a new trade or business) and your employer doesn’t reimburse these costs, you may be able to deduct them on Schedule A of your tax return as a miscellaneous itemized deduction. But the deduction is subject to the 2% of AGI threshold — only eligible miscellaneous expenses in excess of 2% of your AGI are deductible.

Other Education-Related Breaks

There are a number of education-related tax breaks that can help fund higher education expenses, such as:

Coverdell Education Savings Accounts (ESAs).

The annual contribution limit for these accounts is $2,000 per beneficiary. Contributions aren’t deductible, but amounts in the account grow tax-deferred. Plus, there’s no tax on distributions used for qualified education expenses. Again, there’s a phaseout based on MAGI.

Section 529 plans.

The concept is similar to Coverdell ESAs — contributions to a 529 savings plan aren’t deductible but grow tax-deferred, and distributions for qualified education expenses are tax-free. But 529 plans are more popular because they have no federally mandated contribution limits. These plans are state-sponsored, and the rules vary by state. For example, some require residency, but many don’t. Some provide a deduction or credit for contributions made by residents. Most follow the federal rules on withdrawals. Ask your tax advisor for the rules in your state. Sec. 529 prepaid tuition plans are also worth exploring with your tax advisor.

Savings bond interest.

You may be able to cash in qualified U.S. savings bonds and exclude some (or all) of the interest on the bonds if the funds are used for educational purposes. To qualify, you must pay qualified education expenses for yourself, your spouse or a dependent for whom you claim an exemption on your tax return. This benefit is also phased out based on MAGI.

IRA penalty exception.

Generally, you can’t take a distribution from a traditional or Roth IRA before age 59-1/2 without incurring a 10% penalty. One exception applies to distributions used for qualified education expenses. Although you won’t incur a penalty, you’ll still have to pay income tax on distributions from traditional IRAs. However, earnings on qualified distributions from Roth IRAs are income-tax-free.

Maximize Your Benefits

Understanding the ins and outs of higher education tax breaks is complicated. The phaseout rules only add to the complexity, because they apply at different levels, depending on the tax break. Multiple factors should be reviewed with a tax advisor before determining which higher education tax breaks to claim.

The IRS is warning about possible fake charity scams that are emerging due to Hurricane Harvey. Taxpayers who want to help should seek out recognized charitable groups to make donations.

“While there has been an enormous wave of support across the country for the victims of Hurricane Harvey, people should be aware of criminals who look to take advantage of this generosity by impersonating charities to get money or private information from well-meaning taxpayers,” the IRS stated. Such fraudulent schemes may involve in-person solicitations or contact by telephone, social media and e-mail.

Criminals often send “phishing” e-mail messages that steer recipients to bogus websites that appear to be affiliated with legitimate charitable causes. These sites frequently try to imitate the websites of — or use names similar to — genuine charities. They sometimes claim to be affiliated with legitimate charities in order to persuade people to send money or provide personal financial information that can be used to steal identities or financial resources.

Follow these Four Tips

People wishing to make disaster-related charitable donations while helping to avoid scam artists should follow these tips:

1. Donate to recognized charities.

But be wary of charities attempting to contact you with familiar names. Some phony charities use names or websites that sound or look like those of respected, legitimate, nationally known organizations. The IRS website has a search feature, Exempt Organizations Select Check. With it, people can find qualified charities and donations to these charities may be tax-deductible (depending on your tax filing status and other factors).

2. Don’t give out personal financial information

such as Social Security numbers or credit card and bank account numbers and passwords — to anyone who solicits a contribution. Scam artists may use this information to steal your identity and money.

3. Never give or send cash.

For security and tax record purposes, contribute by check or credit card or another way that provides documentation of the donation.

4. Report suspected fraud.

Taxpayers suspecting tax or charity-related fraud should visit IRS.gov and perform a search using the keywords “Report Phishing.”

Want More Information?

Additional information about donations can be found in IRS Publication 526, Charitable Contributions, available on IRS.gov. This free booklet describes the tax rules that apply to making legitimate tax-deductible donations. It also provides complete details on what records to keep.

If you want more information about tax scams and scheme, it can be found at IRS.gov using the keywords “scams and schemes.” Details on available relief can be found on the disaster relief page.

And you can always contact us with questions about the tax implications of charitable contributions.

Hurricane Harvey has devastated parts of Texas, with many victims are left unable to fulfill tax responsibilities and perform tax-related tasks. The IRS is responding by offering victims of Hurricane Harvey additional time to complete those tasks.

“This has been a devastating storm, and the IRS will move quickly to provide tax relief to hurricane victims,” said IRS Commissioner John Koskinen.

“The IRS will continue to closely monitor the storm’s aftermath, and we anticipate providing additional relief for other affected areas in the near future.”

Hurricane Harvey victims in affected parts of Texas now have until January 31, 2018, to file certain individual and business tax returns and make certain tax payments, the IRS announced. This includes an additional filing extension for taxpayers with valid extensions that run out on October 16, 2017, and businesses with extensions that run out on September 15, 2017.

The IRS is now offering this expanded relief to any area designated by the Federal Emergency Management Agency, as qualifying for individual assistance. Click here for a current list of counties. However, taxpayers in localities added later to the disaster area will automatically receive the same filing and payment relief.

IRS Relaxes Retirement Plan Rules

The IRS announced that employer-sponsored retirement plans (such as 401(k)s) can make loans and hardship distributions to Hurricane Harvey victims and their families.

Participants in 401(k) plans, employees of public schools and tax-exempt organizations with 403(b) tax-sheltered annuities, as well as   state and local government employees with 457(b) deferred-compensation plans may be eligible to take advantage of streamlined loan procedures and liberalized hardship distribution rules. IRA participants are barred from taking out loans, but they may be eligible to receive distributions under liberalized procedures.

Retirement plans can provide this relief to employees and certain family members who live or work in disaster area localities affected by Hurricane Harvey and designated for individual assistance by the Federal Emergency Management Agency. To see a list of affected counties in Texas, visit this IRS page. Qualified hardship withdrawals must be made by January 31, 2018.

The IRS is also relaxing procedural and administrative rules that normally apply to retirement plan loans and hardship distributions. As a result, eligible retirement plan participants can access their money more quickly with a minimum of red tape.

This broad-based relief means that a retirement plan can allow a Hurricane Harvey victim to take a hardship distribution or borrow up to the specified statutory limits from the victim’s plan. It also means that a person who lives outside the disaster area can take a plan loan or hardship distribution and use it to assist a son, daughter, parent, grandparent or other dependent who lived or worked in the disaster area.

Plans will be allowed to make loans or hardship distributions before the plan is formally amended to provide for such features. In addition, a plan can ignore the reasons that normally apply to hardship distributions, thus allowing them, for example, to be used for food and shelter. Plans that require certain documentation before a distribution is made can relax this requirement as described in IRS Announcement 2017-11.

The IRS emphasized that the tax treatment of loans and distributions remains unchanged. Ordinarily, retirement plan loan proceeds are tax-free if they’re repaid over a period of five years or less. Under current law, hardship distributions are generally taxable and subject to a 10% early-withdrawal tax.

Relief for Affected Individuals

The tax relief postpones various tax filing and payment deadlines that occurred starting on August 23, 2017. As a result, affected individuals and businesses will have until January 31, 2018, to file returns and pay any taxes that were originally due during this period. This includes the September. 15, 2017 and January. 16, 2018 deadlines for making quarterly estimated tax payments.

For individual tax filers, it also includes 2016 income tax returns that received a tax-filing extension until October. 16, 2017. The IRS noted, however, that because tax payments related to these 2016 returns were originally due on April 18, 2017, those payments are not eligible for this relief.

Relief for Affected Businesses

A variety of business tax deadlines are also affected including the October. 31 deadline for quarterly payroll and excise tax returns. In addition, the IRS is waiving late-deposit penalties for federal payroll and excise tax deposits normally due on or after August 23 and before September 7, if the deposits are made by September 7, 2017. Details on available relief can be found on the disaster relief page on IRS.gov.

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. Thus, taxpayers need not contact the IRS to get this relief. However, if an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date falling within the postponement period, the taxpayer should call the number on the notice to have the penalty abated.

In addition, the IRS will work with any taxpayer who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area.

Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227. This also includes workers assisting the relief activities who are affiliated with a recognized government or philanthropic organization.

A Choice on When to Claim

Individuals and businesses who suffered uninsured or unreimbursed disaster-related losses can choose to claim them on either the return for the year the loss occurred (in this instance, the 2017 return normally filed next year), or the return for the prior year (2016).

The tax relief is part of a coordinated federal response to the damage caused by severe storms and flooding and is based on local damage assessments by FEMA. For information on disaster recovery, visit disasterassistance.gov.

For information on government-wide efforts related to Hurricane Harvey, please visit: https://www.usa.gov/hurricane-harvey.