Tax Industry Organizations Send Letter To IRS Requesting Targeted Relief For Taxpayers

Today organizations representing professionals in the tax industry sent a letter to IRS Commissioner, Charles Rettig, and the Department of Treasury’s Assistant Secretary for Tax Policy, Lily Batchelder, requesting specific relief for taxpayers for the 2022 tax season. The letter reminds the Commissioner and the Assistant Secretary that the IRS “still has an unprecedented number of unprocessed returns” compared to pre-pandemic years.

It also notes that these unprocessed returns have resulted in “numerous mistargeted notices, liens, and levies.” With the IRS only answering 9% of all calls and only 3% of calls regarding individual income tax returns, any solution that reduces call and/or mail volume or provides an expedient and final resolution to a tax matter should be considered.

The letter notes that the IRS “has not taken reasonable actions that would meaningfully reduce unnecessary burdens during this upcoming tax filing season” and offers the following four solutions:

  • Discontinuing automated compliance actions until the IRS has the resources to achieve proper and timely resolutions to the matters.
  • Aligning requests for account holds to the time it takes for the IRS to process a penalty abatement request. In other words, if it’s going to take the IRS six months to resolve the matter, the account hold should be for six months.
  • Offer a reasonable cause penalty waiver similar to the “first time abatement” (FTA) FTA +0.3% waiver that does not affect a taxpayer’s future eligibility for an FTA.
  • Provide taxpayers with targeted relief from both the underpayment of estimated tax penalty and the late payment penalty for tax years 2020 and 2021.

Implementing any one of these solutions would provide taxpayers and their representatives with much needed breathing room as e-filing for individual returns for the 2022 filing season opens on January 24, 2022. Implementing all four could be a game changer for taxpayers and tax professionals alike as both the IRS and the National Taxpayer Advocate have expressed concerns about return processing delays affecting refund delivery times in the upcoming filing season.

Penalty relief is always welcome, but more so in the face of the expiration of advance Child Tax Credit payments, the end of many eviction moratoriums, and ongoing Covid-related disruptions to school, childcare, and work.

Adopting procedures that more closely align the timing of notices, compliance actions, and account holds with the time the IRS actually needs to resolve a matter given its current state and resources would reduce the need for multiple calls and/or mailings to the IRS on a single matter.

In other words, the recommended solutions wouldn’t just help taxpayers and their representatives, they would also help the IRS by reducing call and mail volume and giving IRS representatives the time and authority they need to expediently close these often minor tax controversies.

Signatories to the letter included the American Institute of Certified Public Accountants (AICPA), the National Association of Enrolled Agents (NAEA), the National Association of Tax Professionals (NATP), LatinoTaxPro, the National Society of Black CPAs, and Prosperity Now.

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I own Tax Therapy, LLC, in Albuquerque, New Mexico. I am an Enrolled Agent and non-attorney practitioner admitted to the bar of the U.S. Tax Court. I

Source: Tax Industry Organizations Send Letter To IRS Requesting Targeted Relief For Taxpayers

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Amid Chaos, IRS Attempts A Return To Normal

E-filing of individual tax returns for the 2022 filing season opens on January 24. The start of e-filing and the April tax filing deadline return to an almost normal schedule while ongoing issues make filing season realities hard to predict.

In 2021 individual e-filing didn’t open until February 12. In 2020 it opened on January 27. This year’s opening appears to be moving the needle back toward the more normal mid-January opening. The April 18th filing deadline is also a return to normal after the July 17, 2020 and May 17, 2021 extended deadlines. Friday, April 15, 2022 is the Emancipation Day holiday in Washington, D.C. which is why the deadline has been moved forward to Monday April 18. It almost seems normal. Almost.

While the start and finish lines to filing season 2022 have a whiff of normalcy about them, everything in between stinks. It stinks of expectations bordering on the delusional and it stinks of IRS rot. When it comes to considering “known unknowns” such as the effects of reconciling economic impact payments (stimulus money) and advance payments of the Child Tax Credit (CTC), the IRS doesn’t seem delusional.

The Commissioner is taking every chance he is offered to urge taxpayers and tax practitioners to file accurately and electronically. The IRS is using every channel it has to remind taxpayers to watch for Letters 6419 and 6475 (which provide the amounts of the advance CTC payments and EIPs, respectively). It’s the Commissioner’s apparent failure to consider the “unknown unknowns” that reeks of delusion.

While the IRS Commissioner (in a recent statement) and the National Taxpayer Advocate (in her most recent report) have been open about anticipating another difficult filing season, they have not seemed to consider the potential for natural disasters to create yet another patchwork of filing deadlines. In 2021 the May 17th deadline wasn’t the deadline for Texas, Oklahoma, and Louisiana due to winter storms.

Louisiana’s deadline was re-adjusted after Hurricane Ida. In late April 2021 the May 17, 2021 deadline was extended for some Kentucky counties due to storm effects and the list of affected counties continued to be adjusted until June 28, 2021 (two days before the extended June 30 filing deadline). At the end of April 2021 Alabama taxpayers got an extension until August 2. In September New York and New Jersey got their deadline extended because of Hurricane Ida. That’s just a sample; the list goes on.

The other unknown unknown the Commissioner has failed to consider is the ongoing effects of the pandemic. His statement was issued January 10, 2022 amid the omicron variant surge. At this time it is unclear if that surge has peaked and it is even more unclear what effects the current surge will have on IRS staffing levels during filing season. Whatever the effects are, it is unlikely they will improve return processing or response times.

It’s early January 2022. It’s unlikely that the pace of natural disasters will abate and predicting pandemic surges has proved elusive, so why not plan for the worst and issue a pre-emptive extension of the filing deadline until July? Early filers will still file early. Procrastinators will still procrastinate. Extending the deadline until mid-year would simply mitigate some of the confusion resulting from yet another reactive patchwork of federal deadlines due to yet another bad weather year or more Covid-related staffing issues.

And then there’s the rot. Yes, the IRS has been underfunded for years. Yes, experienced people retired and because of funding cuts, they were never replaced. Yes Congress continues to ask the IRS to do more with less. But at some point the IRS needs to acknowledge certain systemic failures in its procedures and possibly its culture.

One such systemic failure was the continuation of automated notice processing despite the mail and phone backlog. Taxpayers and tax practitioners continue to receive second and third notices, each more aggressive than the last, about issues that were addressed by a mailed response to the first notice that has remained either unopened or unprocessed by the IRS. That’s a procedural failure.

The cultural failure is the idea that temporarily stopping automated notices or providing some sort of blanket penalty relief or temporarily giving more experienced customer service reps (or their supervisors) more autonomy to abate penalties until the IRS clears its mail backlog is some sort of abject moral failing that will result in massive taxpayer noncompliance. It’s the idea that cutting taxpayers some slack in the middle of yet another chaotic filing season will turn otherwise law abiding taxpayers into tax protesting scofflaws.

It’s the idea that their kindness will be considered weakness. Perhaps that is the case, but the fact of the matter is that our tax system is based on voluntary compliance and the complete inability to get assistance when trying to comply voluntarily with one’s tax obligations or exercise one’s rights under the tax laws could be as much (or more) of a disincentive to compliance as lack of enforcement. Unfortunately, heading into the third filing season under pandemic rules it seems we have yet to find rock bottom and a path out of this abyss.

Follow me on Twitter.

I own Tax Therapy, LLC, in Albuquerque, New Mexico. I am an Enrolled Agent and non-attorney practitioner admitted to the bar of the U.S. Tax Court. I work as a tax general practitioner preparing returns for individuals and (really) small businesses as well as representing individuals before the IRS and, occasionally, the U.S. Tax Court. My passion is translating “taxspeak” into English for taxpayers and tax practitioners. I write to dispel myths with facts and to explain “the fine print” behind seemingly simple tax concepts. I cover individual tax issues and IRS developments with a focus on items of interest to taxpayers and retail tax practitioners. Follow me on Twitter @taxtherapist505

Source: Amid Chaos, IRS Attempts A Return To Normal

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IRS Raises 2022 Standard Mileage Tax Deduction Rates To Cover Higher Gas Prices

The Internal Revenue Service announced standard mileage rates for 2022 today for taxpayers to use in calculating the deductible costs of using a car for business, charitable, medical or moving purposes. That means tax savings if you’re self-employed and drive your own car for business—and likely more money in your pocket if your employer reimburses you for miles driven.

In Notice 22-03, the IRS lists the standard mileage rates, effective January 1, 2022:

Business use: 58.5 cents a mile in 2022, up 2.5 cents from 56 cents a mile in 2021

Medical use: 18 cents a mile in 2022, up from 16 cents a mile in 2021

Moving use: 18 cents a mile in 2022, up from 16 cents a mile in 2021

Charitable use: 14 cents a mile, for 2021 and 2022

You’ll use the 2022 rates on your 2022 tax return. And the 2021 rates on your 2021 tax return due April 15, 2022. If you’re curious, the IRS keeps track of historical mileage rates over the last decade. The standard rates for business purposes reach a new high; the standard rates for medical and moving purposes were 20 cents a mile back in 2019. Rates jumped this year because of higher fuel prices and higher car costs.

The rate for charitable miles driven has been fixed by Congress at 14 cents a mile since 1997, but the other rates are adjusted each year. The business rate adjustment takes into account all the costs associated with owning a car, including insurance and repairs, while the other adjustment primarily takes into effect oil and gas costs.

The standard rates are the simplest option for taxpayers to use. You multiply the miles driven by the rate. Another option is to claim deductions based on the actual costs of using a vehicle. In either case, you need to keep records to prove how far you drove and when and for what purpose.

The higher standard rates mainly help workers whose employers reimburse them for miles driven and self-employed folks who drive their own car for business purposes. Employers don’t have to use the IRS-blessed rate for reimbursement purposes, but they often do as it sets the level that’s tax free for employees, so there is no tax reporting for the employee.

If your employer doesn’t reimburse you, you’re out of luck. Unreimbursed employee travel expenses are not deductible. That’s because the 2017 Tax Cuts and Jobs Act eliminated the miscellaneous itemized deduction for unreimbursed employee travel expenses for tax years 2018 through 2025.

If you’re self-employed, you’ll list your mileage as a business expense on Schedule C. You can’t use the business standard mileage rate for a vehicle after claiming accelerated depreciation, including the Section 179 expense deduction, on that vehicle.

Don’t underestimate the charity and medical mileage breaks. If you itemize deductions, miles driven to volunteer count—say you drive to volunteer at a local animal shelter twice a week, or you deliver meals for a charity to home-bound seniors.

If you have big healthcare bills, medical miles can help you meet the threshold to claim a medical expense deduction. You get a deduction to the extent medical expenses, including mileage, exceed 7.5% of your adjusted gross income. The deduction for moving miles is limited to active military personnel.

There’s more savings if you keep good records: Parking fees and tolls for business, charitable, medical and moving trips are also deductible.

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I cover personal finance, with a focus on retirement planning, trusts and estates strategies, and taxwise charitable giving. I’ve written for Forbes since 1997. Follow me on Twitter:

Source: IRS Raises 2022 Standard Mileage Tax Deduction Rates To Cover Higher Gas Prices

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Canada Revenue Agency Publication T4001. Canada Revenue Agency also provides significant online guidance accessible through a web index, including an online payroll tax calculator.

IRS Form W-4.

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PAYG withholding web page for details and tools.

Deposit Interest Retention Tax.

26 USC 3406, Backup Withholding.

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payroll tax independently of a social insurance system.

IRS Provides Tax Relief for Victims of Hurricane Ida

Hurricane Ida, which began on August 26, barreled through the state of Louisiana and has left millions without power and much of Louisiana in a state of disaster. If you were impacted by Hurricane Ida we want you to know TurboTax is here for you, and we want to keep you up to date with important tax relief information that may help you in this time of need.

The Federal Emergency Management Agency (FEMA) declared the recent events as a disaster and the IRS announced that victims of the hurricane that occurred in Louisiana now have until January 3, 2022 to file various individual and business tax returns and make certain tax payments. Currently, this includes the entire state of Louisiana, but taxpayers in Ida-impacted localities designated by FEMA in neighboring states will automatically receive the same filing and payment relief.

What are the extended tax and payment deadlines for victims of Hurricane Ida?

The tax relief postpones various tax filing and payment deadlines that occurred starting on August 26, 2021. As a result, affected individuals and businesses will have until January 3, 2022 to file returns and pay any taxes that were originally due during this period. These include:

Your resource on tax filing
Tax season is here! Check out the Tax Center on AOL Finance for all the tips and tools you need to maximize your return.
  • 2020 Individual and Business Returns with Valid Extensions: Individuals that had a valid extension to file their 2020 return due to run out on October 15, 2021 will now have until January 3, 2022 to file. Businesses with extensions also have until January 3, 2022 including, among others, calendar-year corporations whose 2020 extensions run out on October 15, 2021. The IRS noted that because tax payments related to 2020 returns were due on May 17, 2021, those payments are not eligible for an extension.
  • 2020 Quarterly Estimated Tax Payments: 2021 quarterly estimated tax payments with a deadline of September 15, 2021 have been extended until January 3, 2022.
  • Quarterly Payroll and Excise Tax Returns: Quarterly payroll and excise tax returns that are normally due on November 1, 2021, are also extended until January 3, 2022. In addition, penalties on payroll and excise tax deposits due on or after August 26 and before September 10 will be abated as long as the deposits were made by September 10, 2021.

Calendar-year tax-exempt organizations, operating on a calendar-year basis that have a valid 2020 tax return extension due to run out on November 15, 2021 also qualify for the extra time.

What do I need to do to claim the tax extension?

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. Taxpayers do not need to 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.

The current list of eligible localities is always available on the disaster relief page on IRS.gov.

Do surrounding areas outside of Louisiana qualify for an extension?

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.

How can I claim a casualty and property loss on my taxes if impacted?

Individuals or businesses who suffered uninsured or unreimbursed disaster-related casualty losses can choose to claim them on either the tax return for the year the loss occurred (in this instance, the 2021 return filed in 2022), or the loss can be deducted on the tax return for the prior year (2020). Individuals may also deduct personal property losses that are not covered by insurance or other reimbursements. Be sure to write the FEMA declaration number – 4611 − for Hurricane Ida in Louisiana on any return claiming a loss.

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

If you are not a victim, but you are looking to help those in need, this is a great opportunity to donate or volunteer your time to legitimate 501(c)(3) not-for-profit charities who are providing relief efforts for storm victims.

Check back with the TurboTax blog for more updates on disaster relief. For more tax tips in 5 minutes or less, subscribe to the Turbo Tips podcast on Apple Podcasts, Spotify and iHeartRadio

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Source: IRS Provides Tax Relief for Victims of Hurricane Ida

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The IRS Bottleneck Most Taxpayers Have Never Heard Of

The one-day deadline for taxpayers to approve authorization requests only applies to authorizations for multiple representatives. All representatives must be approved on the same day or later approvals will overwrite prior approvals. Currently there is no deadline for taxpayers to approve authorization requests.

Bottlenecks are nothing new to the Internal Revenue Service. IRS issues with mail processing, return processing, and issuing refunds have been well publicized. Nevertheless, one of the most common IRS bottlenecks is one that many taxpayers, including many members of Congress, are unaware of.

IRS notices about return adjustments, balances due, delays in refund processing, and a host of other issues continued to be sent automatically during the Covid-19 pandemic and continue to be issued after what most tax practitioners agree was the worst income tax filing season ever (even worse than filing season 2020).

Taxpayers who choose to pay a professional to assist with an IRS notice must provide proper authorization, typically using either Form 2848, Power of Attorney, or Form 8821, Tax Information Authorization. The representative then files the signed 2848 or 8821 with the Centralized Authorization File (CAF) unit either by mailing it, faxing it, or (more recently) via online submission. Once CAF approval has been granted, the tax practitioner can then represent the taxpayer, but getting CAF approval has become an increasingly fraught process.

The Internal Revenue Manual (or IRM) specifies that “receipts” [of authorization requests] are processed within five business days. Nevertheless, over the last few years processing times of three to six weeks or even longer have become increasingly common. This January tax practitioners were given the ability to submit authorizations online. Online submission was greeted with enthusiasm because it also allowed for the use of electronic (as opposed to “wet”) signatures.

Online submission definitely made the process of getting a client’s signature and submitting the authorization form to the CAF unit much simpler, but because online submissions are processed in order along with mailed or faxed in submissions, uploading authorization forms has not been an expedient option for taxpayers needing immediate assistance.

Typically practitioners representing taxpayers with short deadlines call the Practitioner Priority Line (PPL) and fax the form to the answering representative. Because all faxed forms require a “wet” signature the electronic signature and online submission process has proved less than helpful except for non-urgent matters.

The IRS CAF units in Memphis and Ogden were completely shut down in March 2020 in response to the pandemic (as was a third unit that serves taxpayers located outside of the U.S.). Consequently, authorization processing (which was already slow) was brought to a standstill—and then it went into reverse. Although all three CAF units re-opened in July 2020, and although the IRS has added additional staff to help clear the backlog, the CAF units are still taking several weeks to process mailed or faxed submissions.

While there have been anecdotal reports of uploaded forms being processed in two weeks (as opposed to the six or more it sometimes takes for a mailed or faxed-in authorization), the IRS continues to state that the CAF units process all mailed, faxed, and uploaded forms on a first-in, first out basis.

John Sheeley, Enrolled Agent and owner of Tax Practice Pro, Inc. (which provides continuing education to tax practitioners), has recommended that the IRS stop issuing automatic notices and re-direct any available staff to the CAF units to assist with processing backlogged authorization requests (and then move those staff on to processing notice responses that have also been languishing, sometimes since mid-2020).

Additional improvements to the traditional CAF authorization process that have been recommended by many practitioners include notifying the practitioner via their e-Services account when an authorization form has been accepted for processing (similar to the acknowledgement received for electronically filed tax returns and that includes the date of acknowledgment and the taxpayer’s identification number) and again when the authorization has been processed.

These two additional notifications would allow tax practitioners to quickly determine if their authorization request got to the CAF unit and if it was approved. Currently practitioners must log into their e-services accounts and manually check to see if an authorization form has been processed (again, with no way of knowing if it was even received).

Tax practitioners would also like notification if the authorization request form is rejected and why so that any errors can be corrected. Currently forms submitted by mail, fax, or upload go into a black hole that requires practitioners to continue to check to see if the form has been accepted.

It is never clear whether a long delay is an actual delay in processing, if the form was lost, or if it was rejected. This is inefficient both for practitioners and the IRS. Practitioners who can’t wait for the authorizations to be accepted are often forced to call an already overburdened PPL only to be told the form was rejected and will have to be corrected and resubmitted.

On July 18, 2021 the IRS opened a practitioner portal that is supposed to make filing and obtaining authorizations easier. The new submission and approval system promises to greatly improve efficiency for practitioners whose clients have or can get an IRS online account. Tax practitioners can log into a special Tax Pro account to submit authorization requests for their clients who can then approve the request.

In general, the requests record in real-time to the CAF database. The practitioner is alerted to many issues (e.g., a CAF number mismatch) before the authorization is submitted. Once the request has been approved by the client, authorization approval should be displayed in the practitioner’s Tax Pro account within two business days. Marc Dombrowski, Enrolled Agent Owner of Tax Help Associates, a Buffalo, New York, firm that specializes in resolving tax issues had his first two submissions record in real time and the third in approximately 30 hours. That’s a huge improvement over the several weeks which had become the norm since at least 2020.

Of course, there is some fine print. Authorizations requested using the new portal are limited in scope (most notably they can only be used for individual accounts, not businesses and they can only authorize access back to tax year 2000). Additionally, while the practitioner is notified that an online request has not been approved, the unapproved request is not identified in any way (for example using the taxpayer’s name or TIN). While this may be a necessary security precaution it does pose problems for tax resolution specialists who often submit multiple authorization requests each day.

Processing the older authorization backlog may be even more important with the new portal now online. The IRS has always stressed to practitioners not to submit multiple copies of the same authorizations as it will delay CAF processing. Tax practitioners tend to be a methodical bunch and most will typically check to determine if a client authorization has been granted before attempting to upload an authorization using the new portal.

It would be extremely helpful (and would help to avoid duplicate submissions) if the information provided to practitioners reflects up-to-date CAF information. Dombrowski states that when it comes to the CAF process, “It’s simplicity is its perfection.” New submissions will reliably always overwrite older submissions. That means that the limited scope authorization requests submitted online using the new Tax Pro accounts will replace any full-scope authorizations (2848 or 8821) the IRS currently has on file, so practitioners should be mindful when using the portal for requests on existing clients.

Of course new submissions overwriting older submissions also means that full-scope authorizations submitted by mail, fax, or upload will overwrite limited scope authorizations if the full-scope authorizations are processed after an authorization submitted using the portal. Morris Armstrong, an Enrolled Agent who owns an independent tax practice in Cheshire, Connecticut, says “it is likely safer to request the 8821 [which allows a practitioner to obtain information but not to negotiate] and preserve the 2848, barring urgency to negotiate.”

Finally, client approval of an online authorization request must also be provided the same day as the request is made by the practitioner and, depending on the client, that is not always possible. Truthfully, many practitioners can resolve their clients’ issues if the client has an IRS online account and is willing to request the necessary transcripts and provide them to their practitioner.

Nevertheless, while a transcript review may resolve some problems, often further intervention by the tax practitioner is required. Still, anything that speeds up CAF approval and provides simpler options for obtaining taxpayer transcripts has the potential to greatly reduce IRS phone traffic. And anything that reduces IRS phone traffic will be enthusiastically welcomed by taxpayers, tax practitioners, and the IRS.

I own Tax Therapy, LLC, in Albuquerque, New Mexico. I am an Enrolled Agent and non-attorney practitioner admitted to the bar of the U.S. Tax Court. I work as a tax general practitioner preparing returns for individuals and (really) small businesses as well as representing individuals before the IRS and, occasionally, the U.S. Tax Court. My passion is translating “taxspeak” into English for taxpayers and tax practitioners. I write to dispel myths with facts and to explain “the fine print” behind seemingly simple tax concepts. I cover individual tax issues and IRS developments with a focus on items of interest to taxpayers and retail tax practitioners. Follow me on Twitter @taxtherapist505

Source: The IRS Bottleneck Most Taxpayers Have Never Heard Of

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