IRS Proposed Regulations Require Tax Preparers to File Form 8867 with 2012 EITC Claims

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On October 6, 2011, The Internal Revenue Service announced that it is issuing proposed regulations that would require paid tax return preparers, beginning in 2012, to file a due diligence checklist, Form 8867, with any federal return claiming the Earned Income Tax Credit (EITC). It is the same form that is currently required to be completed and retained in a preparer’s records.

The due diligence requirement, enacted by Congress over a decade ago, was designed to reduce errors on returns claiming the EITC, most of which are prepared by tax professionals.

The EITC benefits low-and moderate-income workers and working families and the tax benefit varies by income, family size and filing status. The EITC is a refundable tax credit – taxpayers can get it even if they owe no tax. For 2011 tax returns, the maximum credit will be $5,751.

Tax Return Extension Deadline for Most Filers: October 17, 2011 and Some Exceptions

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October 17, 2011 is the deadline for most of those individual taxpayers who filed Form 4868 to request a six-month extension on filing of their tax returns. Traditionally, October 15 would have been the deadline, but it falls on Saturday this year. Therefore, the IRS extended the deadline until October 17, 2011.

Note that this deadline of October 17, 2011, includes U.S. taxpayers living abroad, even though their tax filing deadline is automatically extended to June 15. It is also important to emphasize that the extension to file your federal tax return does not in any way affect the obligation to file the FBARs by June 30, 2011.

Some taxpayers, however, are not subject to October 17, 2011 deadline this year. The two most prominent exceptions are qualified military personnel and victims of Hurricane Irene. Victims of Hurricane Irene will have until October 31, 2011 to file their tax returns. The new deadline primarily concerns residents of certain counties in Connecticut, Massachusetts, North Carolina, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Texas, and Vermont.

It is important to emphasize that an extension of time to file is not equivalent to an extension of time to pay. It is generally true that, under the relevant Treasury regulations and IRS Notice 93-22, individual taxpayers still can file a valid Form 4868 and obtain an automatic extension without paying the properly estimated tax in full – this means, of course, that no late filing penalty is likely to be assessed. However, the taxpayers will still owe interest on any past due tax amount and may be subject to a late payment penalty if payment is not made by the regular due date of the return.

IRS Form 5471 and US Persons Who Own Shares in Foreign Corporations

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Do you own 10% or more of the shares in a foreign corporation?  Then you may be required to file IRS Form 5471 (“Information Return of U.S. Persons With Respect to Certain Foreign Corporations”).

IRS Form 5471

Form 5471 is a required informational return for certain categories of filers (there are four different categories of U.S. persons who are required to file this form), and is utilized to satisfy the reporting requirements of IRC Sections 6038 and 6046, and applicable regulations. Form 5471 applies to specified US citizens and residents who are shareholders, officers, or directors in certain foreign corporations.  In general, US taxpayers who own 10% or more of the total value or voting percentage of foreign corporations are required to file the form.

The form itself is very complex and requires reporting of significant amounts of corporate information in the accompanying schedules.  Moreover, this reporting usually must meet GAAP requirements.

Contact Sherayzen Law Office NOW for Legal and Accounting Help with Form 5471

This article is intended to give a brief look at some of the important issues surrounding Form 5471, and it should not be construed as legal or tax advice.  If you have further questions regarding the filing of Form 5471 as it pertains to your own tax and accounting circumstance, Sherayzen Law Office offers professional advice in all of your tax and international tax needs.  Call (952) 500-8159 to discuss your tax situation with an experienced international business tax lawyer.