Connect with us

Accounting

IRS seeks to bolster rules for foreign trusts and gifts

Published

on

An IRS rule proposal could give tax professionals and clients who receive assets through foreign trusts and gifts answers to technical questions they’ve been posing for decades.

Last month, the agency held a public hearing on a proposal the IRS released in May that would alter the guidelines for the reporting of transactions involving foreign trusts and gifts reflected on Forms 3520 and 3520-A

The proposal is less controversial than another IRS proposal that would enforce new rules for donor-advised funds or the agency’s audit crackdown on tax avoidance methods used by wealthy households and won’t make as much of an impact as the expiration of many provisions of the Tax Cuts and Jobs Act at the end of next year. Still, financial advisors whose clients have offshore holdings may soon be dealing with new guidelines.

The IRS proposal would bring “more clarity or certainty on needing to report transactions,” said Brian Harvel, an Atlanta-based partner with the Alston & Bird law firm. 

“The key takeaway for me is that the IRS and Treasury want people to report more rather than less,” Harvel said in an email. “That is in line with what other countries are doing around the world, except that the U.S. places more emphasis on privacy and recognizes that there are a lot of legal and beneficial uses for trusts — asset protection, privacy, personal safety — compared to other countries who are gathering information on trusts and making it public or semi-public. Those types of disclosures defeat the purpose of a trust in the first place.”

READ MORE: 7 impactful tax strategies for HNW business clients

The proposal stems largely from a 1996 law, the Small Business Job Protection Act, which targeted “abusive tax schemes” that included that use of foreign trusts, according to a legislative history in the proposal. 

“In these schemes, foreign trusts were used to transfer large amounts of assets offshore, where it was much more difficult for the IRS to identify whether U.S. persons owned an interest in such trusts, and whether such persons were reporting and paying the required taxes on their income from such trusts,” the rule said. “Many of the foreign trusts were established in tax haven jurisdictions with bank secrecy laws.”

In rolling out the proposal earlier this year, the agency’s statement cited stakeholders who informed the IRS of “potential opportunities for improvement” of the penalty process relating to the forms and a new working group seeking to identify further changes that would reduce taxpayer burdens and “incentivize voluntary compliance.”

“The proposed regulations address potential uncertainty under current law, including the necessary requirements for complying with the foreign trust and gift provisions, and the relevant tax consequences and potential penalties for compliance failures,” according to the preamble to the rule.

The proposal would alter the regulatory definition of the terms “U.S. persons” and loans known as “qualified obligations,” and the treatment of indirect loans from foreign trusts that some taxpayers have used to bypass the rules, according to a guide to the potential rule written earlier this year by Ian Weinstock and Heather Fincher of the Kostelanetz law firm. 

In addition, the proposal expands reporting requirements to more kinds of transactions known as “constructive” transfers and distributions from trusts while filling in more details about exceptions to those guidelines and spelling out more rules for how to legally accept foreign gifts with proper notification to the IRS.

“For nearly thirty years, taxpayers have been waiting for the IRS to issue regulations related to foreign trusts and foreign gifts,” Weinstock and Fincher wrote. “Since 1996, when Congress enacted a myriad of provisions to prevent tax avoidance through the use of foreign trusts and gifts, taxpayers have had to rely on less formal guidance (e.g., Notice 97-34, Revenue Procedures 2014-55 and 2020-17) on those provisions.”

READ MORE: Trusts are useful but complicated. Here are some basics

In other words, tax professionals welcomed the codification of some highly specific policies, but they still asked the agency through more than 1,500 public comments and testimony at the Aug. 21 hearing to tweak the proposal further, according to a summary of the proceedings by Thomson Reuters Tax & Accounting.

For example, the American Institute of CPAs praised the May rule proposal, even as the organization called in July for shifts in at least 13 different sections of the guidelines.

“Practitioners have needed guidance in this area for more than 25 years,” Eileen Sherr, AICPA’s director of tax policy and advocacy, said in a statement at the time.

Continue Reading

Accounting

FASB proposes guidance on accounting for government grants

Published

on

The Financial Accounting Standards Board issued a proposed accounting standards update Tuesday to establish authoritative guidance on the accounting for government grants received by business entities. 

U.S. GAAP currently doesn’t provide specific authoritative guidance about the recognition, measurement, and presentation of a grant received by a business entity from a government. Instead, many businesses currently apply the International Financial Reporting Standards Foundation’s International Accounting Standard 20, Accounting for Government Grants and Disclosure of Government Assistance, by analogy, at least in part, to account for government grants.

In 2022 FASB issued an Invitation to Comment, Accounting for Government Grants by Business Entities—Potential Incorporation of IAS 20, Accounting for Government Grants and Disclosure of Government Assistance, into GAAP. In response, most of FASB’s stakeholders supported leveraging the guidance in IAS 20 to develop accounting guidance for government grants in GAAP, believing it would reduce diversity in practice because entities would apply the guidance instead of analogizing to it or other guidance, thus narrowing the variability in accounting for government grants.

Financial Accounting Standards Board offices with new FASB logo sign.jpg
FASB offices

Patrick Dorsman/Financial Accounting Foundation

The proposed ASU would leverage the guidance in IAS 20 with targeted improvements to establish guidance on how to recognize, measure, and present a government grant including (1) a grant related to an asset and (2) a grant related to income. It also would require, consistent with current disclosure requirements, disclosure about the nature of the government grant received, the accounting policies used to account for the grant, and significant terms and conditions of the grant, among others.

FASB is asking for comments on the proposed ASU by March 31, 2025.

“It will not be a cut and paste of IAS 20,” said FASB technical director Jackson Day during a session at Financial Executives International’s Current Financial Reporting Insights conference last week. “First of all, the scope is going to be a little bit different, probably a little bit more narrow. Second of all, the threshold of recognizing a government grant will be based on ‘probable,’ and ‘probable’ as we think of it in U.S. GAAP terms. We’re also going to do some work to make clarifications, etc. There is a little bit different thinking around the government grants for assets. There will be a deferred income approach or a cost accumulation approach that you can pick. And finally, there will be different disclosures because the disclosures will be based on what the board had previously issued, but it does leverage IAS 20. A few other things it does as far as reducing diversity. Most people analogized IAS 20. That was our anecdotal findings. But what does that mean? How exactly do they do that? This will set forth the specifics. It will also eliminate from the population those that were analogizing to ASC 450 or 958, because there were a few of those too. So it will go a long way in reducing diversity. It will also head down a model that will be generally internationally converged, which we still think about. We still collaborate with the staff [of the International Accounting Standards Board]. We don’t have any joint projects, but we still do our best when it makes sense to align on projects.”

Continue Reading

Accounting

In the blogs: Questions for the moment

Published

on

Fighting scope creep; QCDs as the year ends; advising ministers; and other highlights from our favorite tax bloggers.

Questions for the moment

  • CLA (https://www.claconnect.com/en/resources?pageNum=0): One major question of the moment: What can nonprofits expect from future federal tax policies?
  • Mauled Again (http://mauledagain.blogspot.com/): Not long ago, about a dozen states would seize property for failure to pay property taxes and, instead of simply taking their share of unpaid taxes, interest, and penalties and returning the excess to the property owner, they would pocket the entire proceeds of the sales. Did high court intervention stem this practice? Not so much.
  • TaxConnex (https://www.taxconnex.com/blog-): What are the best questions to pin down sales tax risk and exposure?
  • Current Federal Tax Developments (https://www.currentfederaltaxdevelopments.com/): In Surk LLC v. Commissioner, the Tax Court was presented with the question of basis computations related to an interest in a partnership. The taxpayer mistakenly deducted losses that exceeded the limitation in IRC Sec. 704(d), raising the question: Should the taxpayer reduce its basis in subsequent years by the amount of those disallowed losses or compute the basis by treating those losses as if they were never deducted?

Creeping

On the table

  • Don’t Mess with Taxes (http://dontmesswithtaxes.typepad.com/): What to remind them, as end-of-year planning looms, about this year’s QCD numbers.
  • Parametric (https://www.parametricportfolio.com/blog): If your clients are using more traditional commingled products for their passive exposures, they may not know how much tax money they’re leaving on the table. A look at possible advantages of a separately managed account. 
  • Turbotax (https://blog.turbotax.intuit.com): Whether they’re talking diversification, gainful hobby or income stream, what to remind them about the tax benefits of investing in real estate.
  • The National Association of Tax Professionals (https://blog.natptax.com/): Q&A from a recent webinar on day cares’ unique income and expense categories.
  • Boyum & Barenscheer (https://www.myboyum.com/blog/): For larger manufacturers, compliance under IRC 263A is essential. And for all manufacturers, effective inventory management goes beyond balancing stock levels. Key factors affecting inventory accounting for large and small manufacturing businesses.
  • U of I Tax School (https://taxschool.illinois.edu/blog/): What to remind them — and yourself — about the taxation of clients who are ministers.
  • Withum (https://www.withum.com/resources/): A look at the recent IRS Memorandum 2024-36010 that denied the application of IRC Sec. 245A to dividends received by a controlled foreign corporation.

Continue Reading

Accounting

PwC funds AI in Accounting Fellowship at Bryant University

Published

on

PwC made a $1.5 million investment to Bryant University, in Smithfield, Rhode Island, to fund the launch of the PwC AI in Accounting Fellowship.

The experiential learning program allows undergraduate students to explore AI’s impact in accounting by way of engaging in research with faculty, corporate-sponsored projects and professional development that blends traditional accounting principles with AI-driven tools and platforms. 

The first cohort of PwC AI in Accounting Fellows will be awarded to members of the Bryant Honors Program planning to study accounting. The fellowship funds can be applied to various educational resources, including conference fees, specialized data sheets, software and travel.

PwC sign, branding

Krisztian Bocsi/Bloomberg

“Aligned with our Vision 2030 strategic plan and our commitment to experiential learning and academic excellence, the fellowship also builds upon PwC’s longstanding relationship with Bryant University,” Bryant University president Ross Gittell said in a statement. “This strong partnership supports institutional objectives and includes the annual PwC Accounting Careers Leadership Institute for rising high school seniors, the PwC Endowed Scholarship Fund, the PwC Book Fund, and the PwC Center for Diversity and Inclusion.”

Bob Calabro, a PwC US partner and 1988 Bryant University alumnus and trustee, helped lead the development of the program.

“We are excited to introduce students to the many opportunities available to them in the accounting field and to prepare them to make the most of those opportunities, This program further illustrates the strong relationship between PwC and Bryant University, where so many of our partners and staff began their career journey in accounting” Calabro said in a statement.

“Bryant’s Accounting faculty are excited to work with our PwC AI in Accounting Fellows to help them develop impactful research projects and create important experiential learning opportunities,” professor Daniel Ames, chair of Bryant’s accounting department, said in a statement. “This program provides an invaluable opportunity for students to apply AI concepts to real-world accounting, shaping their educational journey in significant ways.”

Continue Reading

Trending