April 20, 2012

April 20, 2012

From the CPA Letter Daily

April 20, 2012
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§ Initial unemployment claims point to slowdown in U.S. job growth
First-time unemployment claims fell by 2,000 last week, the U.S. Labor Department said, fewer than most economists expected, suggesting that job creation is slowing. The four-week rolling average of initial claims, seen as a more accurate indicator of labor-market conditions, increased to a 2½-month high. Reuters (4/19), The Hill/On The Money blog (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Weakening indicators raise doubts about the economic recovery
Economists and Christine Lagarde, managing director of the International Monetary Fund, warn world leaders not to become complacent about the shaky global economic recovery. Many of the challenges that tripped up the recovery in 2010 and 2011 are back, such as rising layoffs, falling home sales and slowing manufacturing activity in the U.S. and debt woes in Europe. The New York Times (tiered subscription model) (4/19), Bloomberg (4/20), The Wall Street Journal (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Existing-home sales post a surprise drop for March
Most economists predicted an increase in sales of previously owned homes last month in the U.S., but figures fell instead. Sales of existing homes dropped 2.6%, from a 4.6 million annual rate in February to 4.48 million in March, the National Association of Realtors said. Bloomberg (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Investors warm up to climate-change concerns, surveys show
Surveys show investors are putting pressure on companies to disclose more about workplace safety, human and labor rights, and environmental practices. But businesses struggle with how to track the impact of sustainability activities. CGMA Magazine (4/20) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Cross-border banking starts to unravel
Before the global financial crisis, cross-border banking was growing rapidly, with European banks taking the lead during an era of internationalization. Now, lenders are retreating from cross-border business as their willingness and ability to compete falter. The Economist (4/21) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Microsoft’s Laux: IASB/FASB converged standards will bring changes
Robert Laux, senior director of financial accounting and reporting at Microsoft, believes U.S. companies face a big challenge with regard to convergence projects underway between Financial Accounting Standards Boards and International Accounting Standards Board. "These are like legacy accounting issues that we have in U.S. GAAP that may be in IFRS but the answers are slightly different, or there’s just not IFRS guidance applicable or on point," Laux says. Learn more about the FASB/IASB convergence project. Bloomberg BNA (free content) (4/18) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Tax-cut legislation for small business gains House approval
The House voted largely by party line to approve Majority Leader Eric Cantor’s plan to cut small-business taxes by 20%. Democrats objected to the measure’s $46 billion cost and said it would help primarily wealthy taxpayers. Both parties are staking out tax-policy positions ahead of the fall election. The Hill/Floor Action Blog (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Don’t let fraud sneak up on your company
A proactive approach to fraud prevention can help companies minimize the cost of employee misconduct before it hurts the bottom line, forensic accountant Tracy Coenen writes. Fraud can take several forms, whether misappropriation or outright corruption. Executives should design processes that eliminate opportunities for fraud while keeping an eye out for signs of wrongdoing. Launching an investigation after the fact is rarely effective at recovering losses. Discover how to identify the red flags associated with the most costly and common fraud schemes in this indispensable guide, Common Fraud: A Guide to Thwarting the Top Ten Schemes. CFO.com (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

§

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§ Emerging nations approve billions for IMF crisis fund
Major emerging nations agreed to give billions of dollars to the International Monetary Fund to rescue countries in serious financial trouble. Russia’s deputy finance minister said the Group of 20 will commit enough money to satisfy IMF chief Christine Lagarde’s request for an additional $400 billion. Reuters (4/20), Bloomberg (4/20), Nasdaq.com/Dow Jones Newswires (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif Be the change you want to see in the world."

–Mahatma Gandhi,
Indian political leader

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From CCH Tracker News

© CCH INCORPORATED, a Wolters Kluwer Business. All Rights Reserved. Reprinted with permission from (Federal or State Tax Tracker News)

Filers of Form 990, Return of Organization Exempt from Income Tax, should not enter Social Security numbers (SSNs) anywhere on the form, Lois Lerner, director, Exempt Organizations (EO), IRS,

cautioned on April 19 at the Representing and Managing Tax-Exempt Organizations Conference in Washington, D.C. The IRS has discovered some Forms 990 with SSNs and cannot redact them before public inspection.

An attorney who produced a documentary film during the two years at issue was engaged in a trade or business, was allowed deduction of expenses incurred in filmmaking, and was not subject to penalties.

The taxpayer discovered that, as a teenager, her husband had participated in a singing group that performed around the world, including half-time shows in four Superbowls. The taxpayer became interested in making a film about this group, which she did. The IRS disallowed the taxpayer’s deduction of expenses and assessed deficiencies and penalties against her.

The Tax Court found that the taxpayer had spent a large amount of time engaged in making the film, taking time off from her law practice to do so. The taxpayer’s film production activity was conducted with continuity and regularity during the years at issue. The court analyzed the nine factors set out in Reg. §1.183-2(b) to evaluate profit motive:

· First, the taxpayer’s efforts to make the film a financial success showed a profit objective, favoring the taxpayer.

· Second, the taxpayer sought to educate herself and received expert advice on filmmaking, favoring the taxpayer.

· Third, despite having a job as an attorney, the taxpayer devoted much time and effort to making the documentary, favoring the taxpayer.

· Fourth, the taxpayer had a reasonable expectation that the property used in the filmmaking activity (consisting largely of rights to historical footage) would appreciate in value, slightly favoring the taxpayer.

· Fifth, the taxpayer had success with other ventures, including her law practice, her direction of musical shows, and her creation of sculptures for which she was paid, favoring the taxpayer.

· Sixth and seventh, the history of income and losses was not given much weight, since the taxpayer was in the startup phase of filmmaking during the years at issue.

· Eighth, the taxpayer’s financial status was such that she had sufficient income from her legal career to offset her losses while maintaining her lifestyle, favoring the government.

· Ninth, while the taxpayer derived personal pleasure from making the film, her enjoyment was not sufficient to cause the activity to be classified as a hobby under Reg. §1.183-2(b).

As a result, the taxpayer demonstrated that she had the requisite profit motive for the activity to be considered a trade or business under Code Sec. 162(a).

The taxpayer elected under Code Sec. 181 to immediately deduct production costs, rather than capitalize them. The election was timely and, although the taxpayer omitted certain information in making the election, she was within substantial compliance with Code Sec. 181.

The court held that the IRS had not met its burden of establishing that the taxpayer had not adequately substantiated her deductions, since it relied on an appendix to its trial brief, which was not admissible as evidence under Tax Court Rule 143.

Finally, the taxpayer, having established her entitlement to the deductions at issue, was not subject to an accuracy-related penalty under Code Sec. 6662(a).

L. Storey, TC Memo. 2012-115, Dec. 59,031(M)

April 19, 2012

April 20, 2012

From the CPA Letter Daily

April 19, 2012
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§ Americans see economy improving but remain wary, poll finds
A growing number of Americans think the U.S. economy is getting better but are anxious about their personal finances, according to a New York Times/CBS News poll. Two-thirds of respondents said they are worried about paying for housing. The New York Times (tiered subscription model) (4/18), CBS News (4/18) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Financial-advisory M&A climbed in Q1
Mergers and acquisitions of financial advisories increased in the first quarter, and deals enlarged, according to Charles Schwab. Seventeen firms were sold or merged, compared with 15 in Q1 of 2011, Schwab said. Reuters (4/18) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Healthy competition motivates worker productivity
Workplaces that measure and compare employees’ performance can inspire competition and better results, Serguei Netessine and Valery Yakubovich write. The approach is old news in industries such as sports, but it can be applied in a range of situations. "Underperforming workers often have the skills to do better and simply lack motivation," Netessine and Yakubovich write. Harvard Business Review/(free registration) (5/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Final regs require reporting of interest payments to nonresident aliens
Under final regulations issued by the Internal Revenue Service, banks and other financial institutions will be required to report to the IRS interest payments made to nonresident alien account holders who live in countries that have a tax information exchange agreement with the United States. The new rules go into effect Jan. 1, 2013. JournalofAccountancy.com (4/18) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Poll: Small businesses want a streamlined tax code
About 56% of small businesses surveyed by the National Small Business Association said the biggest tax problem they have is the administrative work of filing. The burdens of filing outweighed even the financial burdens of taxes, the survey found. The poll also found most business owners want a simpler tax code. "The overwhelming majority of small-business owners support broad reform of the federal tax code — not tinkering with certain taxes here and there," says Todd McCracken, NSBA president and CEO. The AICPA has a longstanding tradition of advocating for sound tax policy. Business Finance (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Former FBI cyber-sleuth tells of foreign probes in the U.S.
Foreign countries are engaging in cyber probes on U.S. national security systems as well as corporate databases, said Shawn Henry, former executive assistant director of the FBI’s Criminal, Cyber, Response and Services Branch. These incursions are made not just to steal information, but also to figure out how to deactivate or destroy it. For information and best practices on cyber security, visit AICPA.org. The Washington Post (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ IMF raises $320 billion in an effort to boost rescue firepower
Christine Lagarde, managing director of the International Monetary Fund, said the fund this week received commitments from Poland and Switzerland, raising the total to $320 billion. The IMF is striving to increase its firepower for dealing with eurozone debt crises. "Ensuring that the fund has sufficient resources to tackle crises and to promote global economic stability is in the interests of all our members," Lagarde said. Reuters (4/19) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ What’s the cost of happiness? As low as $50,000, survey finds
A household income of at least $50,000 increases your likelihood of being happy, according to a survey by the Marist Institute. The income level was associated with higher levels of satisfaction in areas including family, housing, work and friends. BusinessNewsDaily.com (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif Often the hands will solve a mystery that the intellect has struggled with in vain."

–Carl Jung,
Swiss psychiatrist

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April 18, 2012

April 18, 2012

From the CPA Letter Daily

April 18, 2012
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§ Congress might reduce tax breaks for retirement savings
For the first time, Congress is seriously considering reducing exemptions for taxation of retirement savings. Such incentives cost the government more than $200 billion annually in lost revenue. The Washington Post (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Technology a drain on Americans’ wallets, survey shows
Fifty-six percent of U.S. adults say technology has made it easier to spend money, while just 3% say it has made it easier to save, according to a new survey conducted for the AICPA by Harris Interactive. The survey also shows that Americans who subscribe to digital services spend an average of $166 monthly for technology such as cable TV, home internet access, cellphones and digital subscriptions. JournalofAccountancy.com (4/18) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Financial advisers must help baby boomers boost savings
Financial advisers have a duty to help increase savings of baby boomers, many of whom are unprepared for retirement, research suggests. Data from the Employee Benefits Research Institute show that people older than 60 employed for at least 30 years had $200,000 in their 401(k) account in 2010, far short of what they need to make it through retirement. Financial Advisor (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Goldman: Pension plans face more funding shortfalls
Corporate defined-benefit pension plans could face an uphill battle for funding in the coming years, Goldman Sachs Asset Management reports. The average funded status of corporate pension plans fell in 2011, while liabilities increased. Many companies can expect to make large contributions to their plans this year and next year. The Wall Street Journal/CFO Journal (tiered subscription model) (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ U.S. motorists slash gasoline consumption
With gas prices hovering around $4 a gallon, U.S. motorists are driving less and buying vehicles that are more fuel efficient. Gasoline consumption is at a 10-year low. The Washington Post (4/17), Reuters (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ IRS proposes rules on allocation of E&P in corporate reorganizations
The Internal Revenue Service has issued proposed regulations under which the acquiring corporation in a corporate reorganization would succeed to the full earnings and profits of the transferor corporation. The proposal, when finalized, would put into the regulations a long-standing IRS administrative position. JournalofAccountancy.com (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Tax-evasion deals gain approval from European Commission
The European Commission approved agreements that Germany and the U.K. reached with Switzerland regarding tax evaders. The deals would force Swiss banks to tax clients’ money and transfer proceeds to the German or U.K. government. "These revised agreements are in full compliance with EU law, and the work on these agreements demonstrated what is possible with cooperation," EU Taxation Commissioner Algirdas Semeta said. Reuters (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Chinese banks get green light to short U.S. dollar
China’s State Administration of Foreign Exchange said it will allow banks to hold short positions in the U.S. dollar. The move will "promote renminbi exchange-rate price discovery based on the balance of payments" and help financial institutions hedge foreign exchange exposure, according to SAFE. Global Times (China) (4/17), China Daily (Beijing) (4/18), MarketWatch (4/17), Financial Times/Beyondbrics blog (tiered subscription model) (4/17) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif A daydreamer is prepared for most things."

–Joyce Carol Oates,
American author

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April 17, 2012

April 17, 2012

From the CPA Letter Daily

April 17, 2012
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§ Strong U.S. retail spending in March surprises economists
Most economists expected U.S. retail sales last month to increase only 0.3%, but the figure turned out to be 0.8%, the Commerce Department said. The expansion followed 1% growth in February. Reuters (4/16), The Washington Post (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ U.S. CFOs brace for a possible European recession
Economic woes in Europe could have a negative effect on U.S. companies of all sizes, whether directly or through their supply chains. Some companies are developing contingency plans in case of a European recession. It’s important for U.S.-based companies to know how their cash flow might be affected by a European downturn, experts say. CFO Magazine (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

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Last day to file tax returns

§ Final regs. provide ordering rules for trusts and estates
Final regulations issued by the Internal Revenue Service provide guidance on ordering rules in trust documents and wills that attempt to determine the tax character of amounts paid to a charitable beneficiary. The primary target of the regulations is charitable lead trusts, which pay amounts first to charitable and then to noncharitable beneficiaries. The Tax Adviser (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Postponing Social Security payment can reduce taxation
InvestmentNews (free registration) (4/15) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Register today: AICPA Advanced Estate Planning Conference (July 23-25) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Fed transcripts are edited to withhold 2008 crisis discussions
Transcripts released by the Federal Reserve of its meetings during the 2008 financial crisis were so heavily edited that discussions of all substantive issues were withheld. The transcripts were released in response to Freedom of Information Act requests by The Huffington Post and MSNBC. The Wall Street Journal (4/16), The Huffington Post (4/16), Business Insider (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ World Bank names U.S. nominee Kim as president
Standing by a custom of selecting an American for its top post, the World Bank named Dartmouth College President Jim Yong Kim, a public health expert, as president. He promised to steer the bank’s policies in a direction that "amplifies the voices of developing countries and draws on the expertise and experience of the people we serve." Los Angeles Times (tiered subscription model) (4/17), Nigerian Tribune (4/17), National Public Radio (text and audio) (4/16), The Wall Street Journal (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif Don’t judge each day by the harvest you reap but by the seeds that you plant."

–Robert Louis Stevenson,
Scottish novelist, poet and essayist

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April 16, 2012

April 16, 2012

From the CPA Letter Daily

April 16, 2012
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§ Global economic situation remains fragile as G-20 meets
Finance officials from the Group of 20 nations, the International Monetary Fund and the World Bank are scheduled to meet this week in Washington, D.C. The gathering comes amid concerns about growth in emerging economies, the U.S. recovery and Europe’s sovereign-debt crisis. "The risks remain high, the situation fragile," IMF Managing Director Christine Lagarde said. CNBC/Reuters (4/15) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Analysts place a premium on effective leadership — 15.7% to be exact, report says
Market analysts and investment professionals consider the effectiveness of a senior leadership team as second only to the current or most recent financial results among criteria they use to judge company success, a Deloitte study found. The study says analysts are looking for strategic vision, proven ability to meet objectives and commitment to innovation from company leaders. CGMA Magazine (4/13) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Data challenge link between debt and shareholder return
An analysis of corporate balance sheets challenges the notion that highly leveraged companies produce better shareholder returns. In fact, companies with high debt loads saw their revenues grow by 3% less per year than their counterparts with less debt saw. One reason could be that leverage causes managers to be more conservative and pursue fewer strategic opportunities. CFO.com (4/13) sm_share.gifLinkedInFacebookTwitterEmail this Story

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2 days left to file tax returns

§ Estate valuation lessons: Mitigating the risk of IRS challenges
The Internal Revenue Service has been aggressive in challenging estate valuations — in some cases asserting the estate is worth more than twice the taxpayer’s valuation. Here are some red flags to watch out for and ways to mitigate examination risk. The Tax Adviser (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ With fewer resources, the IRS will likely scale back audits
The Atlanta Journal-Constitution (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Investment grade-bond market falls into a slump in U.S.
The U.S. investment-grade bond market, which set a record for volume in the first quarter, has suddenly slowed. A few deals were completed last week but volume dropped to $4.5 billion, making it the quietest week in 2012 for U.S. investment-grade debt. International Financing Review (4/14) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Fewer financial advisers shift to U.S. state oversight than expected
U.S. financial advisers’ shift from Securities and Exchange Commission registration to state oversight, brought about by the Dodd-Frank Act, affects fewer firms than expected. The SEC anticipated that about 3,200 advisers would have to switch, but the regulator said 1,914 firms have filed paperwork indicating they are no longer allowed to remain under SEC supervision. InvestmentNews (free registration) (4/15) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ "Too big to fail" banks are bigger than before crisis
President Barack Obama said two years ago that he would deal with risks presented by banks deemed "too big to fail," but such companies are even bigger than before the credit crunch. Five years ago, assets at the five biggest banks equaled 43% of economic output; the percentage reached 56% at the end of last year. Bloomberg (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Eurozone leaders will press for a bigger IMF bailout fund
With renewed concerns about Spain’s debt load driving its borrowing costs to their highest level this year, eurozone officials are traveling to the International Monetary Fund’s headquarters in Washington, D.C., to seek more money for the IMF’s rescue fund. The U.S. says the eurozone has more than enough financial resources to cope with any sovereign-debt problems that flare up. Bloomberg (4/16) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif People who don’t take risks generally make about two big mistakes a year. People who do take risks generally make about two big mistakes a year."

–Peter Drucker,
Austrian-American writer and management consultant

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April 13, 2012

April 13, 2012

From the CPA Letter Daily

April 13, 2012
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§ Initial unemployment claims in the U.S. rise
More Americans filed first-time claims for jobless benefits in the week ended April 7 than at any time since Jan. 28. Initial unemployment claims increased by 13,000 to 380,000, the Labor Department said. Bloomberg (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Global oil prices will fall as tightening ends, IEA says
A two-year trend of tightening in the oil market has reversed after Saudi Arabia boosted production and demand weakened, the International Energy Agency said. "Easing first quarter 2012 fundamentals have seen prices recently lose most of the $5 per barrel they gained in March," according to the IEA. "The muted impact so far is partly because much of this extra supply has been stockpiled on land or at sea." Reuters (4/12), Bloomberg (4/12), Oil & Gas Journal (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ FASB addresses going-concern disclosures
The Financial Accounting Standards Board will not require qualitative disclosures about an entity’s ability to remain a going concern that would supplement the proposed quantitative disclosures about liquidity risks, according to a decision reached Wednesday. Earlier in the week, FASB also issued proposals on three EITF issues. JournalofAccountancy.com (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

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5 days left to file tax returns

§ Helping clients plan for tax uncertainty
With various tax breaks expired or expiring and talk of lower tax rates dominating the presidential race, now is the time to help clients understand and plan for coming tax changes. Providing information on tax proposals provides a good starting point for tax planning discussions with clients. This article talks about how to get the ball rolling. The Tax Insider (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Swiss tribunal blocks disclosure of U.S. account holder’s name
The Wall Street Journal/Total Return Blog (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ State tax revenues are making a comeback
State governments that have been struggling since the recession to provide basic services and balance budgets are getting some relief from rising tax revenues. In the fiscal year that ended in June for most states, tax revenues increased 8.9% over the previous year, the U.S. Census Bureau reported. The Washington Post (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ China posts 8.1% economic growth for Q1
Growth of China’s gross domestic product fell to 8.1% in the first quarter compared with Q1 of 2011, the smallest expansion since 2009, the National Bureau of Statistics said. Spokesman Sheng Laiyun said the rate was not low considering difficult global economic conditions. Xinhuanet.com (China) (4/13), MarketWatch (4/13) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif Correction does much, but encouragement does more."

–Johann Wolfgang von Goethe,
German writer and scientist

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April 12, 2012

April 12, 2012

From the CPA Letter Daily

April 12, 2012
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§ Fed’s Yellen says further stimulus is possible
Federal Reserve Vice Chairwoman Janet Yellen said that the outlook for the U.S. economy remains highly uncertain and that the central bank is "quite willing" to implement new measures if the recovery weakens. "In particular, further easing actions could be warranted if the recovery proceeds at a slower-than-expected pace," she said during a speech in New York. Reuters (4/11), MarketWatch (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ More venture capital firms look to invest beyond their borders
Venture capital firms in established markets are increasingly looking for investments in emerging economies. Meanwhile, China seems poised to pass Europe to take the No. 2 spot in terms of VC dollars invested this year. CGMA Magazine (4/12) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Balance-sheet repair is crucial, BIS official says
Claudio Borio, deputy chief economist at the Bank for International Settlements, said balance sheets must be repaired to better handle downturns. "Balance-sheet repair lays the groundwork for a self-sustaining recovery," Borio said. "Traditional monetary and fiscal policies need reconsideration. The key point is that room for policy maneuvering is greatly constrained." The Wall Street Journal/Dow Jones Newswires (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Shortage of safe assets threatens global stability, IMF warns
Governments seen as issuing "risk-free" bonds have decreased, resulting in fewer safe assets. This poses a threat to global financial stability, the International Monetary Fund said. Financial Times (tiered subscription model) (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Surveys indicate finance pros are feeling better about the future
Financial professionals are feeling more upbeat about the future, according to surveys. A survey of credit managers by the National Association of Credit Management saw optimism at its highest point in a year. More CFOs and business executives are also expecting to see economic and business growth in the coming months, according to surveys by Deloitte and the AICPA. Business Finance (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

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6 days left to file tax returns

§ How to claim the R&D credit when there are no gross receipts
Some practitioners incorrectly assume that lack of gross receipts precludes taxpayers from taking the research and development credit. This article discusses how to ensure that clients have obtained the maximum allowable credits available. The Tax Adviser (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ The Tax Foundation ranks cities based on their sales tax
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§ IPO market makes a comeback in U.S. after Q1 stock gains
The first quarter’s rising stock prices injected new life into the market for initial public offerings as companies that put off their deals last year come back to Wall Street. Video delivery firm Envivio and BrightSource Energy are among the companies reviving their offerings. The New York Times (tiered subscription model)/DealBook blog (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Financial advisers are less bullish about markets
Financial advisers are backing away from their bullish views on financial markets, according to an Investors Intelligence survey. Bullish sentiment dropped from 52.7% to 48.4% in the week that ended Friday, and 30.1% of advisers said they are bracing for a market correction. MarketWatch (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ JOBS Act raises concerns for large Wall Street firms
While he was attorney general of New York almost 10 years ago, Eliot Spitzer forced Wall Street firms to separate investment banking operations from research businesses. Those banks are now worried about a possible breach of that Chinese wall due to a measure in the Jumpstart Our Business Startups Act. CNBC/Reuters (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Higher income-tax revenue reduces budget deficit
The Treasury Department said it collected $171 billion in taxes and other revenue in March, the highest figure for that month since 2008. From October through March, individual income-tax revenue rose to $484.1 billion, compared with $475.6 billion in the same period a year ago. "The big news will be when the income taxes settle down, and that will be when the envelopes are opened at the end of April and beginning of May," said Joseph Minarik, the Committee for Economic Development’s research director. The Wall Street Journal (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Swiss court says tax office doesn’t have to cooperate with U.S.
Switzerland’s Federal Administrative Court ruled that the tax office can block information sharing about a Credit Suisse client with the Internal Revenue Service. The ruling exacerbates a dispute between the U.S. and Switzerland regarding Americans who evade taxes. The court said the handover is not permissible because the request was based on only a suspicion of tax evasion and because it didn’t name the account holder. Reuters (4/11) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif I believe that man will not merely endure: he will prevail."

–William Faulkner,
American writer

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April 11, 2012

April 11, 2012

From the CPA Letter Daily

April 11, 2012
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§ Labor force study predicts deeper recessions and slower recoveries
The U.S. economy will likely experience deeper recessions and take longer to recover than it has in the past, according to a study of labor force growth by two university researchers. The slowing of the rate at which the labor force expands will become an increasingly powerful factor depressing employment and gross domestic product, economists say. The Washington Post (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Financial advisers dramatically increase their use of ETFs, study finds
Over the past four years, financial advisers’ use of exchange-traded funds increased more than 40%, a growth rate that outstrips all other investment products, according to a survey by Cogent Research. The number of advisers embracing ETFs for their clients’ portfolios grew 10% in 2011, the survey found. ETF Trends (4/10), Financial Times (tiered subscription model) (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Agency expects gas to peak at $4.01 per gallon in May
The Energy Information Administration said motorists will pay an average of 24 cents more per gallon for fuel this summer. Gas prices are expected to peak in May, reaching a nationwide average of $4.01 per gallon, the agency said. The Washington Post/The Associated Press (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Loans start flowing again to high-risk borrowers
Banks restarted loaning to customers with badly damaged credit, including those who recently declared bankruptcy. In December, credit card issuers gave 1.1 million cards to people with a poor credit history, a 12.3% increase compared with December 2010. The New York Times (tiered subscription model) (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ How to structure succession agreements to make buyouts self-funding
One of the big hurdles to successful internal buyouts in CPA firms is the cost of funding the retirement of the selling partner. Crucial to clearing this obstacle is designing buyout and retirement plans that are self-funding. Read about strategies to fund internal buyouts that provide for the retiring partner without hurting the firm’s bottom line. Journal of Accountancy (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

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7 days left to file tax returns

§ Pros and cons of cost segregation
Before changing their accounting method to adopt a cost-segregation approach to depreciation of real property, businesses should examine all the pros and cons. This article explores the benefits and drawbacks to cost-segregation and its interplay with taxable exchanges, like-kind exchanges, and bonus depreciation. Journal of Accountancy (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Fatal car accidents rise on the day taxes are due
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§ Global investment banks’ earnings bounced back in Q1
Earnings at investment banks worldwide rebounded in the first quarter amid a reprieve from the eurozone crisis, but analysts say the situation is temporary because of long-term weaknesses in the industry. Financial Times (tiered subscription model) (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Courts strike down states’ changes to pension benefits
More U.S. public employee unions are winning court challenges to states’ efforts to change retirement contributions and benefits. Judges have recently struck down pension plan changes in three states. Financial Times (tiered subscription model) (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Housing official remains cool to reducing mortgage principal
The Federal Housing Finance Agency examined principal reduction for underwater homeowners and found that the move might save money. However, Acting Director Edward DeMarco said more study is necessary as he remains cool to the idea. "Most Americans that are underwater on their mortgage realize they’ve signed a contract, they’ve got an obligation to make that payment and, in fact, they are," DeMarco said. The Hill/On the Money blog (4/10), AmericanBanker.com (subscription required) (4/10), i_video.gifMSNBC/Economy Watch blog (4/10), CNNMoney (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif Concentration comes out of a combination of confidence and hunger."

–Arnold Palmer,
American golfer

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April 10, 2012

April 10, 2012

From the CPA Letter Daily

April 10, 2012
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§ Large U.S. companies exit the recession at full speed
U.S. companies that make up the S&P 500 Index are in a stronger financial position than they were before the recession, according to an analysis by The Wall Street Journal. Cost cutting during the recession prepared large companies to be more efficient and to reap higher profits. They have also added employees, although many new jobs are outside the U.S. Companies in the S&P 500 took in $420,000 in revenue per employee in 2011, compared with $378,000 in 2007. The Wall Street Journal (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Preserving long-term financial well-being important to Americans, survey shows
Americans are more willing to give up eating out at restaurants and technology such as cell phones and cable TV than to stop saving for retirement in a financial pinch, a survey conducted for the AICPA by Harris Interactive for Financial Literacy Month shows. An overwhelming majority of the 2012 poll participants, 94%, said they have some kind of financial concern. JournalofAccountancy.com (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Survey: Financial advisers disagree on global economy’s direction
Financial advisers are divided about the future of the global economy, according to a survey by Curian Capital. Among respondents, 34% said the economy will soon improve, 32% said the economy is in a long-term crisis and 34% were uncertain about the economy’s direction. AdvisorOne (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Venture capital fundraising slid 35% in Q1
During the first quarter, venture capital fundraising dropped 35%, according to the National Venture Capital Association and Thomson Reuters. Forty-two funds raised $4.9 billion. Los Angeles Times (tiered subscription model) (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Banking sector is wary of U.S. Postal Service changes
The banking industry is taking particular notice of the efforts in Washington, D.C., to overhaul the U.S. Postal Service. With more than half of all bills and statements being sent through the mail coming from credit unions, banks and savings and loans, it makes the industry one of the post office’s biggest customers. The sector is most concerned about increases in rates and cuts to services. AmericanBanker.com (free registration) (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ IRS introduces special correspondence exam priority toll-free number for practitioners
The Internal Revenue Service has implemented a new "practitioner priority service" to help tax professionals deal with correspondence examinations. IRS employees will handle up to five clients per phone call and will transfer issues outside the scope of the correspondence exam to the appropriate IRS function. JournalofAccountancy.com (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ How a small business can fight an IRS audit
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§ Obama plans to make tax on wealthy Americans a central issue
President Barack Obama is heading to Florida, where he plans to make a demand for a tax aimed at millionaires and billionaires a central issue in his campaign for re-election. He will argue that Congress should implement the "Buffett rule," a 30% tax on income of more than $1 million. Reuters (4/9), CNNMoney (4/10) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ Bernanke says money-market funds need tougher oversight
Federal Reserve Chairman Ben Bernanke called for intensified efforts to ensure that money-market funds and other financial institutions that operate outside formal banking regulation can withstand major financial shocks. "An important lesson learned from the financial crisis is that the growth of what has been termed ‘shadow banking’ creates additional potential channels for the propagation of shocks through the financial system and the economy," he said. Bloomberg (4/9), Crane Data (subscription required) (4/10), Market News International (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Rich countries’ policies hurt world growth, Rousseff says
Brazilian President Dilma Rousseff told President Barack Obama that monetary policies of the wealthiest nations are a drag on global economic growth, especially among rapidly growing emerging economies. She later told Brazilian reporters that developed nations’ reliance on interest rates close to zero to stimulate growth creates a "monetary tsunami" that damages Brazil. Bloomberg (4/9), Latin American Herald Tribune (Venezuela)/Agencia EFE (4/9) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif It is the ability to take a joke, not make one, that proves you have a sense of humor."

–Max Eastman,
American writer, philosopher and activist

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From CCH Tracker News

© CCH INCORPORATED, a Wolters Kluwer Business. All Rights Reserved. Reprinted with permission from (Federal or State Tax Tracker News)

Married taxpayers were entitled to deduct a portion of their rental real estate losses for the two tax years at issue and were not subject to the accuracy-related penalty.

While the wife was a licensed real estate broker and helped manage the couple’s properties during the years at issue, she failed to prove that she materially participated in either of the couple’s rental real estate activities as required by Code Sec. 469(c)(7).

The couple failed to maintain a contemporaneous time log that detailed their real estate activities, and the means by which they estimated the time they spent performing services in their rental real estate activities were not reasonable under Temporary Reg. §1.469-5T(f)(4). Therefore, the couple failed to establish that the wife spent more than 100 hours in each of their rental real estate activities. However, they satisfied the active participation standard and, thus, were entitled to deduct a portion of the losses from their rental real estate activities pursuant to Code Sec. 469(i), subject to the phaseout calculation under Code Sec. 469(i)(3).

The couple was not liable for the accuracy-related penalty because they had reasonable cause to believe that the wife qualified as a real estate professional and materially participated in their real estate activities. The evidence established that the wife devoted a great deal of time to her business as a real estate broker and made management decisions in connection with the couple’s rental activities. In addition, the couple provided calendars that were generally credible and prepared contemporaneously with the appointments noted therein and testimony regarding their real estate activities was corroborated, not only through documentary evidence, but also by the testimony of the IRS’s witnesses.

D. Manalo, TC Summary Opinion 2012-30

An assistant professor was not entitled to deduct unreimbursed employee business expenses in excess of amounts that were allowed by the IRS because she either failed to request reimbursement from her employer or failed to substantiate the claimed expenses.

The professor incurred education-related expenses in connection with several trips she made to pursue one or the other of her Ph.D. degrees, and expenses for publications, job search, teaching materials, cell phone charges, tax preparation fees, professional association fees and meals and travel in connection with several trips she made to attend conferences related to her employment as an assistant professor.

The professor’s expenses for some foreign travel were not allowed because the trips lasted longer than one week and she failed to show that she spent less than 25% of her time on activities not attributable to her trade or business during those trips. Consequently, the expenses incurred were not deductible underCode Sec. 274(c). The professor’s claimed deductions for publications, job search expenses, cell phone and meals were disallowed because she failed to properly substantiate those expenses. However, she was entitled to deduct substantiated travel expenses for trips to employment-related conferences, for which the requested reimbursement from her employer was denied, and substantiated expenses for teaching materials.

G. Helguero-Balcells, TC Summary Opinion 2012-31

April 9, 2011

April 9, 2012

From the CPA Letter Daily

April 9, 2012
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§ U.S. corporations make a big comeback, financial data show
Profit, sales and hiring last year by companies in the Standard & Poor’s 500 index exceeded data for 2007, before U.S. businesses were hit with the financial crisis and the most serious recession since World War II, according to an analysis by The Wall Street Journal. However, such strong financial performance hasn’t significantly affected the unemployment rate because many of the 1.1 million jobs the companies created since 2007 are outside the U.S. The Wall Street Journal (4/8) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Union pensions face $369 billion shortfall
Credit Suisse has calculated that multiemployer union pension plans in the U.S. are 52% funded and face a $369 billion shortfall. Financial Times (tiered subscription model) (4/8) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ U.S. wage growth jumps 1.4%
Americans are bringing home more in their paychecks, as wage growth increased 1.4% in the first quarter compared with a year earlier, according to a PayScale report. That’s the highest since the last quarter of 2008. "Things are looking good," said Katie Bardaro, PayScale’s lead economist. "For the first time in a while, people can start to feel confident about where the economy is heading." CNBC (4/5) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Governments should follow private-sector accounting standards

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§ The International Accounting Standards Board, the International Federation of Accountants and the International Monetary Fund have encouraged governments to harmonize government and private-sector accounting standards. The Economist magazine argues that such a move would cut down on fraud. The Economist (4/7) sm_share.gifLinkedInFacebookTwitterEmail this Story

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§ Offshore asset reporting becomes more complex under new law
The Foreign Account Tax Compliance Act has added a new layer of complexity for taxpayers with foreign assets — and it is backed up by new penalties that start at $10,000. This article discusses the significant challenges FATCA’s disclosure requirements present to taxpayers and tax practitioners. The Tax Adviser (4/2012) sm_share.gifLinkedInFacebookTwitterEmail this Story

§ IRS expects courts to uphold rules for licensing tax preparers
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§ Some executives won’t get pay increase under TARP
The Treasury Department said compensation for top executives at Ally Financial, General Motors and American International Group will remain frozen this year because the companies have not repaid all funds received under the Troubled Asset Relief Program. The companies did not request a pay raise. The Hill/On the Money blog (4/6), The Wall Street Journal (4/6) sm_share.gifLinkedInFacebookTwitterEmail this Story

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666666_quotes.gif One cannot think well, love well, sleep well, if one has not dined well."

–Virginia Woolf,
British writer

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From CCH Tracker News

© CCH INCORPORATED, a Wolters Kluwer Business. All Rights Reserved. Reprinted with permission from (Federal or State Tax Tracker News)

The IRS has reissued a news release, reminding taxpayers who are unable to file their returns or pay their taxes by the April 17 deadline that there are options available.

Extensions are a common means of giving a taxpayer more time to file his or her return. Although an extension usually affects only the filing of the return, not paying taxes, there are payment plans and other forms of relief available to those who cannot pay their tax bill in full.

The IRS recently initiated its "Fresh Start" program that provides penalty relief for unemployed taxpayers and self-employed individuals whose income has dropped substantially. Eligible taxpayers will not be charged a late-payment penalty if they pay any tax, penalty and interest due by October 15, 2012. Qualified taxpayers are those who were unemployed for any 30-day period between January 1, 2011, and April 17, 2012. Self-employed people qualify if their business income declined by 25 percent or more in 2011. Qualified taxpayers may apply using Form 1127-A, Application for Extension of Time for Payment of Income Tax for 2011 Due to Undue Hardship.

Taxpayers can avoid a penalty by filing their returns by April 17, 2012, even if they cannot pay the full amount due. Taxpayers who are unable to file by that date can obtain an automatic six-month extension by filing Form 4868, which is available through the Free File link at http://www.irs.gov. Filing this form allows the taxpayer to file a return as late as October 15, 2012.

Some taxpayers do not need to request an extension to get more time to file and pay, including taxpayers who live and work abroad and members of the military on duty outside the U.S. These taxpayers have until June 15 to file and pay but interest will accrue after April 17. Additionally, military personnel who are serving in combat zones, such as Afghanistan or Iraq, can wait until 180 days after they leave the combat zone to file and pay taxes that are due. The IRS also offers relief in the case of natural disasters, such as tornadoes or floods.

The Service also reminds taxpayers that electronic payment is available. This includes the Electronic Federal Tax Payment System (EFTPS), electronic funds withdrawal, or payment by credit or debit card.

The IRS notes that taxpayers who choose to pay by check or money order should make the payment out to "United States Treasury," should write "2011 Form 1040," name, address, daytime phone number, and Social Security number on the front of the check or money order, and should include a Form 1040-V payment voucher to help ensure that the payment is credited promptly.

IR-2012-40, Revised April 6, 2012, 2012FED ¶46,342


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