EFTPS Financial Institution Handbook
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RESTORING the LOST ANTI-INJUNCTION ACT Kristin E
COPYRIGHT © 2017 VIRGINIA LAW REVIEW ASSOCIATION RESTORING THE LOST ANTI-INJUNCTION ACT Kristin E. Hickman* & Gerald Kerska† Should Treasury regulations and IRS guidance documents be eligible for pre-enforcement judicial review? The D.C. Circuit’s 2015 decision in Florida Bankers Ass’n v. U.S. Department of the Treasury puts its interpretation of the Anti-Injunction Act at odds with both general administrative law norms in favor of pre-enforcement review of final agency action and also the Supreme Court’s interpretation of the nearly identical Tax Injunction Act. A 2017 federal district court decision in Chamber of Commerce v. IRS, appealable to the Fifth Circuit, interprets the Anti-Injunction Act differently and could lead to a circuit split regarding pre-enforcement judicial review of Treasury regulations and IRS guidance documents. Other cases interpreting the Anti-Injunction Act more generally are fragmented and inconsistent. In an effort to gain greater understanding of the Anti-Injunction Act and its role in tax administration, this Article looks back to the Anti- Injunction Act’s origin in 1867 as part of Civil War–era revenue legislation and the evolution of both tax administrative practices and Anti-Injunction Act jurisprudence since that time. INTRODUCTION .................................................................................... 1684 I. A JURISPRUDENTIAL MESS, AND WHY IT MATTERS ...................... 1688 A. Exploring the Doctrinal Tensions.......................................... 1690 1. Confused Anti-Injunction Act Jurisprudence .................. 1691 2. The Administrative Procedure Act’s Presumption of Reviewability ................................................................... 1704 3. The Tax Injunction Act .................................................... 1707 B. Why the Conflict Matters ....................................................... 1712 * Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School. -
Taxing the System with Public Employees' Tax Obligations Kenneth H
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 Of Taxes and Duties: Taxing the System With Public Employees' Tax Obligations Kenneth H. Ryesky Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Labor and Employment Law Commons, and the Tax Law Commons Recommended Citation Ryesky, Kenneth H. (1998) "Of Taxes and Duties: Taxing the System With Public Employees' Tax Obligations," Akron Law Review: Vol. 31 : Iss. 3 , Article 1. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol31/iss3/1 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Ryesky: Of Taxes and Duties OF TAXES AND DUTIES: TAXING THE SYSTEM WITH PUBLIC EMPLOYEES' TAX OBLIGATIONS by Kenneth H. Ryesky* I. INTRODUCTION Clearly, the tax laws in America are growing increasingly complex.' The tax system has steadily become more intricate despite Presidential acknowledgment more than a decade ago that "[t]he system is too complicated." 2 Yet, the tax laws * B.B.A., Temple University, 1977; M.B.A., La Salle University, 1982; J.D., Temple University, 1986; M.L.S. degree candidate, Queens College CUNY; currently a solo practitioner Attorney in East Northport, NY; Adjunct Assistant Professor, Department of Accounting & Information Systems, Queens College CUNY, Flushing, NY and Adjunct Assistant Professor, Department of Business Management, Molloy College, Rockville Centre, NY; formerly Estate Tax Attorney, Internal Revenue Service, Manhattan District. -
Administration's Fiscal Year 2014 Revenue Proposals
General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals Department of the Treasury April 2013 General Explanations of the Administration’s Fiscal Year 2014 Revenue Proposals Department of the Treasury April 2013 This document is available online at: http://www.treasury.gov/resource-center/tax-policy/Documents/General-Explanations-FY2014.pdf TABLE OF CONTENTS ADJUSTMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT (BBEDCA) BASELINE .......................................... 1 Permanently Extend Increased Refundability of the Child Tax Credit ............................... 2 Permanently Extend Earned Income Tax Credit (EITC) for Larger Families and Married Couples ................................................................................................................... 4 Permanently Extend the American Opportunity Tax Credit (AOTC) ................................. 6 RESERVE FOR REVENUE-NEUTRAL BUSINESS TAX REFORM ............. 9 INCENTIVES FOR MANUFACTURING, RESEARCH, CLEAN ENERGY, AND INSOURCING AND CREATING JOBS ............................................................................. 10 Provide Tax Incentives for Locating Jobs and Business Activity in the United States and Remove Tax Deductions for Shipping Jobs Overseas ........................................... 10 Provide New Manufacturing Communities Tax Credit .................................................... 12 Enhance and Make Permanent the Research and Experimentation (R&E) Tax Credit ... 13 Extend Certain Employment Tax -
Section 59A and the Proposed Regulations
This document has been submitted to the Office of the Federal Register (OFR) for publication and is currently pending placement on public display at the OFR and publication in the Federal Register. The version of the proposed rule released today may vary slightly from the published document if minor editorial changes are made during the OFR review process. The document published in the Federal Register will be the official document. 4830-01-p DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-104259-18] RIN 1545-BO56 Base Erosion and Anti-Abuse Tax AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: This document contains proposed regulations that provide guidance regarding the tax on base erosion payments of taxpayers with substantial gross receipts and reporting requirements thereunder. The proposed regulations would affect corporations with substantial gross receipts that make payments to foreign related parties. The proposed regulations under section 6038A would affect any reporting corporations within the meaning of section 6038A or 6038C. DATES: Written or electronic comments and requests for a public hearing must be received by [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: Send submissions to CC:PA:LPD:PR (REG-104259-18), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-104259-18), Courier’s desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC 20224, or sent electronically, via the Federal eRulemaking Portal at www.regulations.gov (IRS REG-104259-18). -
Introduction
Most Litigated Legislative Most Serious Appendices Case Advocacy Issues Recommendations Problems Introduction to International Issues: Compliance Challenges Increase International Taxpayers’ Need for IRS Services and May Undermine the Effectiveness of IRS Enforcement Initiatives in the International Arena Introduction to International Issues: Compliance Challenges Increase International Taxpayers’ Need for IRS Services and May Introduction Undermine the Effectiveness of IRS Enforcement Initiatives in the International Arena WHY ADDRESS TAX ISSUES FACING INTERNATIONAL TAXPAYERS? In recent years, globalization has pushed an increasing number of taxpayers (including small- and medium-sized businesses and individuals) to seek economic opportunities abroad.1 It also has increased competition among tax administration agencies for tax bases and sources of revenue. The revenue generated depends on governments’ administrative capacities to collect taxes, and more importantly, on taxpayers’ willingness and ability to comply. For this reason, 40 economies made it easier to pay taxes last year.2 In contrast, a recent World Bank report ranks the United States 66th in time spent to comply and 62nd in the ease of paying taxes among 183 countries surveyed.3 International taxpayers who are subject to complex U.S. tax rules and reporting require ments can be grouped into four categories: ■■ U.S. individuals working, living, or doing business abroad; ■■ U.S. entities doing business abroad; ■■ Foreign individuals working or doing business in the U.S.; and ■■ Foreign entities doing business in the U.S.4 The complexity of international tax law, combined with the administrative burden placed on these taxpayers, creates an environment where taxpayers who are trying their best to comply simply cannot. -
IRS Issues Proposed Regulations on Application of Base Erosion and Anti-Abuse Tax
Latham & Watkins Transactional Tax Practice January 14, 2019 | Number 2433 Following the BEAT: IRS Issues Proposed Regulations on Application of Base Erosion and Anti-Abuse Tax The proposed regulations provide rules for identifying which taxpayers are subject to the BEAT and for computing BEAT liability. Key Points: The base erosion and anti-abuse tax (BEAT) proposed regulations: Aggregate corporations related by 50% common ownership, including foreign corporations to the extent of their effectively connected income Coordinate BEAT liability computation with limitations on business interest expense deductions under Section 163(j) Expand base erosion payments to include any form of consideration, including cash, property, the assumption of liabilities, and even stock used in nonrecognition transactions subject to Section 332, 351, or 368 Look through partnerships in defining payments subject to the BEAT Exclude payments for cost component of intercompany services eligible for the services cost method, even if subject to a markup Clarify impact of withholding taxes Provide special rules for banks and securities dealers (including for qualified derivative payments and total loss-absorbing capacity securities) Reiterate the anti-abuse rule On December 13, 2018, the US Department of the Treasury (Treasury) and the US Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) on the BEAT, which was introduced as Section 59A1 by the Tax Cuts and Jobs Act (TCJA).2 The BEAT is an additional tax on corporate taxpayers that derive significant US income tax benefits from deductible payments to non-US affiliates if such payments are not subject to US tax, or are subject to a reduced rate of tax via an income tax treaty. -
Penalty and Interest Provisions of the Internal Revenue Code
Report to The Congress on PENALTY AND INTEREST PROVISIONS OF THE INTERNAL REVENUE CODE Department of the Treasury Office of Tax Policy October 1999 I DEPARTMENT OF THE TREASURY WASHINGTON, D.C. 20220 The Honorable William Roth Chairman Committee on Finance U.S. Senate Washington, DC 20510 Dear Mr. Chairman: Section 3801 ofthe IRS Restructuring and Reform Act of 1998, Pub. L. No. 105-206, 112 Stat. 782 (July 22, 1998), requires the Treasury Department to conduct a study reviewing the administration and implementation by the Internal Revenue Service of the interest and penalty provisions ofthe Internal Revenue Code of 1986 ("Code"). Enclosed is our report ofthat study. As directed by Congress, the issues discussed include: (1) whether the penalty and interest provisions encourage voluntary compliance; (2) whether the provisions operate fairly; (3) whether the provisions are effective deterrents to undesired behavior; and (4) whether the provisions are designed in a manner that promotes efficient and effective administration by the Internal Revenue Service. This report makes a number of recommendations regarding the penalty and interest provisions designed to foster compliance without undue burden or complexity. The Treasury Department's report on corporate tax shelters issued on July 1, 1999 contains a discussion and recommendations with respect to penalty provisions pertaining to corporate tax shelters. I am sending a similar letter to Senator Moynihan Sincerely, Jonathan Talisman Deputy Assistant Secretary (Tax Policy) Enclosure DEPARTMENT OF THE TREASURY WASHINGTON, D.C. 20220 The Honorable Bill Archer Chairman Committee on Ways and Means U.S. House ofRepresentatives Washington, DC 20515 Dear Mr. Chairman: Section 3801 of the IRS Restructuring and Reform Act of 1998, Pub. -
U.S. State Tax Considerations for International Tax Reform
U.S. State Tax Considerations For International Tax Reform © Tax Analysts 2014. All rights reserved. Users are permitted to reproduce small portions of this work for purposes of criticism, comment, news reporting, teaching, scholarship, and research only. Any permitted use of these materials shall contain this copyright notice. We provide our publications for informational purposes, and not as legal advice. Although we believe that our information is accurate, each user must exercise professional judgment, or involve a professional to provide such judgment, when using these materials and assumes the responsibility and risk of use. As an objective, nonpartisan publisher of tax information, analysis, and commentary, we use both our own and outside authors, and the views of such writers do not necessarily reflect our opinion on various topics. Foreign Tax Credit Rules For Allocating State Taxes by Peter A. Lowy Peter A. Lowy is a member of Caplin & Drysdale. The importance of the intersection between state and interna- tional tax — and the occasional complexity at that intersection — is demonstrated by the rules for allocating and apportioning state income taxes for purposes of computing the U.S. foreign tax credit and its limitations. That crossroad also may be particularly precarious. Without the necessary mix of technical state and international tax skills, the rules regarding the allocation of state taxes may present traps for the unwary. For many corporate tax departments, tackling this subject requires collaboration between the state and federal tax teams in order to properly evaluate how to maximize FTCs and mitigate the risk that the IRS will claim that credits are subject to a greater limitation based on a different allocation of state taxes. -
Income Tax Credit
AS AMENDED THROUGH PUBLIC ACT 100-555 Sec. 101. Short Title. .................................... 1 Sec. 217. Credit for wages paid to qualified veterans. ....................... 47 Sec. 102. Construction. ................................. 1 Sec. 217.1. Credit for wages paid to Sec. 103. Renumbered Internal Revenue qualified unemployed veterans. .. 47 Code Provisions. ........................... 1 Sec. 218. Credit for student-assistance Sec. 201. Tax Imposed. ................................. 1 contributions. .............................. 48 Sec. 201.5. State spending limitation and Sec. 219. Historic preservation credit. ........ 48 tax reduction. ............................... 11 Sec. 220. Angel investment credit. ............. 48 Sec. 202. Net Income Defined. ................... 13 Sec. 221. Rehabilitation costs; qualified Sec. 202.3. Net Income Attributable To historic properties; River Edge The Period Prior To July 1, Redevelopment Zone. ................. 52 1989 And Net Income Attributable To The Period Sec. 222. Live theater production credit. .... 52 After June 30, 1989. .................... 13 Sec. 223. Hospital credit. ............................ 53 Sec. 202.4. Net Income Attributable To Sec. 224. Invest in Kids credit. ................... 53 The Period Prior To July 1, 1993 And Net Income Sec. 225. Credit for instructional Attributable To The Period materials and supplies. ................ 53 After June 30, 1993. .................... 13 Sec. 226. Natural disaster credit. ................ 54 Sec. 202.5. Net income attributable -
December 31, 2003 2003
2003 Publication 2104 (Rev. 12-2003) Catalog Number 23655L December 31, 2003 2003 INTERNAL REVENUE SERVICE This report is dedicated to Bob Wenzel who, over the course of his forty year career with the IRS, most recently as Acting Commissioner, was able to successfully balance being a tax administrator par excellence and having compassion for the ordinary taxpayer. PREFACE PREFACE Honorable Members of Congress, It is my pleasure to submit to you for your review the National Taxpayer Advocate’s 2003 Annual Report to Congress. Three themes are evident throughout this report. First, Congress and the IRS must act quickly and decisively to address several extremely serious problems confronting taxpayers. Second, IRS resources must be applied in a way that achieves a reasonable balance between enforcement activity, on the one hand, and cus- tomer service and taxpayer rights, on the other. Third, Congress and the IRS need to undertake more thorough research to ensure that legislative and administrative responses to perceived problems in tax administration are rooted in fact rather than impression or anecdote, and that initiatives actually achieve what they are designed to accomplish. As required by statute, this report identifies and discusses 20 of the most serious problems encountered by taxpayers. The problem that I believe requires the most immediate and thorough response is the growing reach of the individual Alternative Minimum Tax. This problem is looming over all of us – taxpayers, Congress, the IRS. In the years to come, the IRS will be faced with applying resources to make adjustments to the returns of increasing numbers of taxpayers who were unaware that they, too, “won” the AMT lot- tery. -
Industry Tax Planning and Stock Returns
THE ACCOUNTING REVIEW American Accounting Association Vol. 94, No. 5 DOI: 10.2308/accr-52361 September 2019 pp. 219–246 Industry Tax Planning and Stock Returns Shane M. Heitzman Maria Ogneva University of Southern California ABSTRACT: We find evidence that equity returns increase with the propensity for tax planning in a firm’s industry. This risk premium is imposed on all firms in the industry, even those that are less aggressive than their peers. The industry- based risk premium coexists with a firm-specific discount associated with active tax planning strategies that carry low systematic risk. The discount on tax planning at the firm level, however, is dwarfed by the premium on tax planning at the industry level, and is concentrated in industries that are less likely to attract scrutiny from the tax authority. Keywords: tax planning; tax avoidance; risk; asset pricing. I. INTRODUCTION nvestments in corporate tax planning generate cash flows for shareholders by reducing the share of profits paid in taxes. These risky cash flows must then be priced. The effect of tax planning on expected returns has been the focus of a recent I stream of research that yields apparently conflicting findings. Although firms that engage in more active tax planning enjoy lower expected returns than their less active counterparts (Goh, Lee, Lim, and Shevlin 2016), aggregate tax planning in the economy is associated with higher market-wide expected returns (Sikes and Verrecchia 2016).1 These results can be reconciled by recognizing that tax planning can either raise or lower a firm’s expected return. That is, whether and how tax planning affects expected returns is a function of the cash flow risk connected to tax planning, as well as investors’ ability to diversify that risk. -
Settling Tax Debt with the IRS
Settling Tax Debt with the IRS This self-study course provides an overview of the major tools that can be used to settle tax debts with the Internal Revenue Service, including Offers in Compromise and Installment Agreements. It also provides an overview of how the IRS enforces payment of federal taxes, including seizing the property of delinquent taxpayers. This basic tax course does not require any prerequisites and may be taken by anyone; however, we recommend this course for existing tax preparers. This course qualifies for 8 CE credits in IRS Federal Tax Law. Settling Tax Debt with the IRS | Page 1 TABLE OF CONTENTS Chapter 1: Introduction To Settling With The IRS ..................................................................... 4 I. Course Overview ................................................................................................................. 4 II. Overview Of IRS Fresh Start Initiative ............................................................................... 6 Chapter 2: The IRS Collection Process ..................................................................................... 10 I. Fresh Start Changes .......................................................................................................... 10 II. Process And Procedures For Appeals, Seizure, And Levy ................................................ 11 Chapter 3: Installment Agreements ......................................................................................... 19 I. Overview ..........................................................................................................................