Connect with us

Accounting

IRS finalizes rules on consistent basis reporting for estates

Published

on

The Internal Revenue Service issued final regulations on consistent basis reporting between an estate and a person acquiring property from a decedent.

The final regulations, released Monday, offer guidance on a statutory requirement that a recipient’s basis in certain property acquired from a decedent be consistent with the value of the property as finally determined for federal estate tax purposes.

In addition, the final regulations include guidance on the statutory requirements that executors and other people provide basis information to the IRS and to the recipients of certain property.  The final regulations regarding the statutory consistent basis requirement affect recipients of property acquired from a decedent if the inclusion of the value of the property in the decedent’s gross estate increases the federal estate tax liability.  

irs-building-2021.jpg
The Internal Revenue Service headquarters in Washington, D.C.

Samuel Corum/Bloomberg

The final regulations pertaining to the statutory basis reporting requirements affect executors and others required to file an estate tax return based on the value of the decedent’s gross estate and the amount of decedent’s lifetime adjusted taxable gifts, as well as trustees making in-kind distributions of property initially acquired from a decedent that was subject to the statutory basis reporting requirements. 

A 2015 law required consistency between a recipient’s basis in certain property acquired from a decedent and the value of the property as finally determined for federal estate tax purposes. It was later modified by a technical correction in a 2018 law.

The IRS issued proposed regulations in 2016, and the American Institute of CPAs asked in a comment letter that year for several changes, such as removing a zero-basis rule for unreported property. The IRS said it received a total of 30 written comments and held a public hearing. It made a number of changes in the final regulations that promise to make the rules less burdensome for both taxpayers and the IRS and easier to administer.

The revisions include removing the zero basis rule for unreported property; adopting a suggested interpretation of the term “acquiring” for purposes of Section 6035(a)(1) and thereby modifying the reporting requirements applicable in the case of property not acquired by a beneficiary before the estate tax return due date; eliminating the subsequent transfer reporting requirement for all beneficiaries other than trustees; and excepting additional types of property interests from the consistent basis requirements and the reporting requirements under Section 6035. 

Continue Reading

Accounting

Acting IRS commissioner reportedly replaced

Published

on

Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

Continue Reading

Accounting

On the move: EY names San Antonio office MP

Published

on

Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

Continue Reading

Accounting

Tech news: Certinia announces spring release

Published

on


Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

Continue Reading

Trending