The Internal Revenue Service threw a late curveball at tax professionals scrambling to meet the April 15 deadline when, on April 9, it released a post-release change updating the 2023 Partner’s Instructions for Schedule K-1. This seemingly minor update packs a big punch, adding new compliance burdens for partnerships and their corporate partners.
To start, while the Corporate Alternative Minimum Tax might seem like a concern solely for corporations, the updated instructions demonstrate that its reach extends to partnerships and their partners as well. A partnership’s net income or loss can impact a corporate partner’s adjusted financial statement income for CAMT purposes.
The crux of the update lies in the requirement for certain partners to request CAMT information from partnerships. This applies to corporations and upper-tier partnerships with indirect or direct corporate partners if they can’t determine their share of the partnership’s AFSI without additional information. This information request must be made in writing, and both the request and the received information need to be retained in the partner’s records.
A glimpse into the future of CAMT?
The instructions suggest a potential “bottom-up approach” for determining a partner’s share of partnership AFSI in future guidance. This would involve a tiered calculation, working its way up the chain of partnerships to the corporate partner. While the exact details remain unclear, it hints at a more complex CAMT landscape for partnerships.
Here’s what you need to know for the current tax year:
Partnerships: Be prepared to furnish CAMT information to partners upon request. Failure to do so by the deadline could trigger penalties under Section 6227.
Corporate partners: If you file Form 4626 and are a partner in a partnership with a corporate partner (direct or indirect), you need to request specific information from the partnership to determine your share of the partnership’s AFSI. Keep a copy of both the request and the information received.
Schedule K-1 updates: The instructions for Box 20, Code ZZ on Schedule K-1 now reflect the new requirement for partners to request CAMT information.
The updated instructions raise more questions than they answer. The timing and format for requesting CAMT information remain unclear. Additionally, the “bottom-up approach” for determining partnership AFSI needs further clarification.
While these updates primarily impact 2023 tax returns, they foreshadow a potentially more complex CAMT landscape for partnerships and their corporate partners in the years to come. Tax professionals should stay tuned for further guidance from the IRS on the ever-evolving CAMT regulations.
The Internal Revenue Service said Thursday it would begin accepting electronically filed tax returns that contain dependents who have already been claimed on another taxpayer’s return, as long as the taxpayer on the second return has an Identification Protection Personal Identification Number.
The move would help prevent tax refund delays next tax season, while still protecting taxpayers from identity theft. This change will especially help filers who claim tax credits such as the Earned Income Tax Credit and Child Tax Credit.
Starting in the 2025 filing season, the IRS said it would begin accepting accept Forms 1040, 1040-NR and 1040-SS even if a dependent has already been claimed on a previously filed return as long as the primary taxpayer on the second return includes a valid IP PIN. This change in policy will decrease the amount of time for the IRS to receive the tax return and accelerate the issuance of tax refunds for those with duplicate dependent returns. Up until now, the second tax return had to be filed by paper.
The IRS is encouraging taxpayers who plan to file early in 2025 to sign up for an IP PIN before Nov. 23, 2024. After that date, the IP PIN system will be offline for annual maintenance until early January 2025.
Using an IP PIN enables taxpayers to protect themselves against identity theft. With the latest changes, the IP PIN will also help protect taxpayers when someone fraudulently claims a taxpayer’s dependent.
Signing up now ensures taxpayers are ready to file electronically at the start of the 2025 tax season with an additional safeguard against identity theft and helps avoid issues involving dependents being claimed on multiple tax returns.
While the IP PIN system will be down for scheduled maintenance later this month, the IRS reminded taxpayers they can still sign up for an IRS Online Account, which is the first step to get an IP PIN. The account also enables taxpayers to securely access their tax return and account information from previous years, including information from their W-2 and 1099 forms. The IRS has been periodically adding new digital tools and features to the Online Account as part of its transformation work.
The IRS will continue to reject e-filed returns claiming dependents who appear on a previously filed tax return unless a valid IP PIN is provided.
When a dependent has already been claimed on another tax return, the IP PIN provides an important new option. The taxpayer listed first on an e-filed tax return claiming dependents can provide their current year IP PIN when they file. If they do, the return will still be accepted. The spouse (if married filing jointly) and the dependents on the tax return don’tneed to provide an IP PIN if they don’t have one.
Taxpayers who don’t have IP PINs will have their e-filed returns rejected if one of their dependents has already been claimed by another taxpayer. However, if the taxpayer gets an IP PIN and e-files again with the IP PIN entered on the return, the IRS will accept the return as long as there are no other issues with it. Taxpayers will also still have the option to paper file returns with duplicate claims for dependents.
An IP PIN will be required when claiming duplicate dependents or children on Forms 1040, 1040-NR and 1040-SS. It will also be required on Forms 2441, 8863 and Schedule EIC that are attached to Tax Type Form 1040.
Tax returns claiming duplicate dependents for prior years (tax years 2023 and 2022) still need to be filed by mail if the dependents have been claimed on another return.
The Treasury Inspector General for Tax Administration issued a report Thursday on the Internal Revenue Service’s response to the Oct. 7, 2023 attack on Israel by Hamas.
The report noted that after the attack, the Treasury Department and the IRS issued a notice granting tax relief to individuals and businesses affected by the terrorist attack. The IRS also posted a news release detailing taxpayer eligibility requirements that qualify for the postponement of various tax return filing and payment deadlines. The information was available less than a week after the attack. This relief was in effect from Oct. 7, 2023, through Oct. 7, 2024.
TIGTA found the IRS proactively identified and marked the tax accounts of the taxpayers who were likely to be affected by the attack. IRS management identified and proactively added freeze codes to 185,707 individual and 22,110 business tax accounts. The IRS also made available some of its well-established disaster relief processes for use by individuals and businesses who are affected by the terrorist attack to self-identify for tax relief.
“When the IRS does not accurately identify all affected taxpayers, these taxpayers may receive tax deficiency notices, which may place unnecessary stress and obligation on taxpayers already impacted by the trauma of experiencing the Israel terrorist attack,” said the report.
However, unlike the IRS’s process of sending notifications directly to individuals and businesses that qualify for tax relief due to a federally declared disaster, the IRS did not send similar notices to taxpayers whom the IRS identified as qualifying for relief resulting from the terrorist attack, TIGTA found. As a result, individuals and businesses who probably qualified for the specific tax relief made available by the Treasury in response to the terrorist attack were not directly notified.
IRS officials pointed out that they elected to communicate the availability of the tax relief the day it was announced via the posting of the information on the IRS newsroom website, where media and other audiences go to for information. However, TIGTA noted that the IRS failed to include information regarding this relief on the website it uses to disseminate international press releases.
TIGTA’s evaluation also found the IRS initially missed adding freeze codes to 2,176 individual and 1,306 business tax accounts that met the IRS’s criteria for relief. In addition, TIGTA identified 10,550 individual tax accounts where the IRS incorrectly added a freeze code based on the foreign country code on accounts for taxpayers who resided in the State of Israel, Gaza, or the West Bank when in fact the taxpayers had an U.S. address as their address of record. Finally, TIGTA identified another 413 individual taxpayers whom the IRS also incorrectly added a freeze code on their tax accounts when their international address was outside the covered area of the State of Israel, Gaza or the West Bank.
TIGTA made three recommendations to the IRS, saying the IRS should: input the freeze code on all eligible individual tax accounts, remove the freeze code from all ineligible tax accounts, and ensure that IRS systems properly update the foreign country codes used by taxpayers to change their address. The IRS agreed with the recommendation to input the freeze code on all eligible individual tax accounts, but disagreed with the recommendation to remove the freeze code from ineligible tax accounts and the recommendation to ensure that IRS systems properly update the foreign country codes used by taxpayers to change their address.
The IRS noted in response to the report that the foreign country code is necessary to accurately process and post tax returns filed by nonresident aliens.
“This relief effort represents two significant ‘firsts’ for the IRS disaster program — the first time the IRS provided relief based on a terroristic action (and not based on a federally declared natural disaster), and the first time the IRS implemented disaster relief internationally,” wrote Lia Colbert, commissioner of the IRS’s Small Business/Self-Employed Division, in response to the report.
Securities and Exchange Commission Chair Gary Gensler, whose ambitious agenda drew fierce resistance from Wall Street and the crypto industry, plans to step down on Jan. 20.
“The Securities and Exchange Commission is a remarkable agency,” Gensler said in a statement on Thursday. “The staff and the Commission are deeply mission-driven, focused on protecting investors, facilitating capital formation and ensuring that the markets work for investors and issuers alike.”
His departure will leave the SEC in the hands of an acting chair who’s expected to be either Mark Uyeda or Hester Peirce — both Republican commissioners.
Gensler, a self-described “markets guy” appointed by President Joe Biden in 2021, has pursued an aggressive agenda highlighted by climate-risk disclosures, stock-trading reforms and crackdowns on crypto scofflaws. Some of his regulations will leave a lasting imprint on finance. Others have been stymied in conservative courts. The Trump administration’s pick for SEC chair could try to further unwind Gensler’s signature rules and take a more crypto-friendly approach to enforcement.