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Medical Income Exclusion. Distributions from HSAs and Archer MSAs not used for qualified medical expenses: tax increases to 20%For HSAs, Archer MSAs, FSAs, and HRAs: medicine or drug is a qualified medical expense only if a prescribed drug or insulin Breast pumps: qualified medical expenses
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1. Overview of 2011 IncomeTax Law Changes
2. Medical Income Exclusion Distributions from HSAs and Archer MSAs not used for qualified medical expenses: tax increases to 20%
For HSAs, Archer MSAs, FSAs, and HRAs: medicine or drug is a qualified medical expense only if a prescribed drug or insulin
Breast pumps: qualified medical expenses
IRC 220 & IRC 223
3. Stock Transactions Revised Form 1099-B
New Form 8949, Sales and Other Dispositions of Capital Assets
Filed with Schedule D
Includes information previously on Schedule D
Replaces Schedule D-1
Schedule D is summary schedule
IRC 6045 TD 9504
4. Form 1099-B Includes basis information
New boxes for date of acquisition, cost, loss disallowed due to wash sale, non-covered security, description, and whether short-term or long-term gain
5. Form 8949
May need multiple Forms 8949
No gain or loss figured per transaction totals carried to Schedule D
6. Schedule D (Form 1040) Summarizes Forms 8949
Gain and loss figured once, based on totals from Form(s) 8949
Page 2 of schedule does not change
7. Roth IRAs In 2011, include of income from a 2010 Roth conversion or rollover unless the taxpayer elected to include the entire conversion or rollover in 2010
Possible income acceleration from 2012 for Roth IRA distribution
IRC 408A
8. Designated Roth Accounts 2011 - include of income from 2010 rollover to designated Roth account in same plan unless the taxpayer elected to include the entire conversion or rollover in 2010
Possible income acceleration from 2012 for designated Roth account distribution
Governmental 457(b) plans can be amended to permit participants to treat elective deferrals as Roth contributions
IRC 402A(c)
9. Qualified Charitable Distributions Exclusion for qualified charitable distributions from IRAs extends through 2011
Can elect to treat a QCD made in Jan. 2011 as a 2010 distribution
IRC 408(d)(8)(F)
10. Nonbusiness Energy Property Credit Credit reduced to 10% of qualifying expenses
Credit limited to $500 for all years after 2005
Combined credit limit of $200 for windows for all tax years after 2005
Maximum credit for residential energy property limited to specific dollar amounts
IRC 25C
11. Claiming Earned Income Credit Any paid tax preparer must complete Form 8867, Paid Preparers Earned Income Credit Checklist
Taxpayer must attach Form 8867 to tax return
IRC 6695(g)
12. Merchant Card and Third Party Payment Information Reporting Filed by payment settlement entity (PSE)
Must be filed by electronic payment facilitator or third party payer paying on behalf of PSE
Report merchant card payments and third party network payments
IRC 6050W and TD 9496
13. Forms revised to report merchant card payments
Schedules C, E and F (Form 1040)
Form 1065
Forms 1120 and 1120S
Report even if no Form 1099-K received Merchant Card and Third Party Payment Information Reporting
14. New Hire Retention Credit Credit of up to $1,000 per retained qualified employee
Qualified employee must have been retained for at least 52 consecutive weeks
Wages in second 26 weeks must have been at least 80% of wages in first 26 weeks
Use Form 5884-B, New Hire Retention Credit
IRC 38(b)
15. Act provides 100% bonus depreciation for qualified property put into service between Sept. 9, 2010 and Dec. 31, 2011 (Dec. 31, 2012 for certain longer production period property and certain aircraft)
The Act provides 50% bonus depreciation for qualified property put into service in 2012 (2013 for certain longer production period property and certain aircraft)
IRC 168(k) Bonus Depreciation Deduction
16. Penalties Increased Apply to failure to file correct information returns and failure to furnish correct payee statements
$100 maximum penalty per return
$1.5 million maximum penalty per taxpayer
Reduced penalty where failure corrected within specified period now also applies to failure to furnish correct payee statements
$250 minimum penalty - intentional disregard
IRC 6721 & 6722
17. E-file Mandate Returns filed for tax year 2011 in calendar year 2012 must e-File if filing 11 or more returns
Applies to individual, trust, and estate returns
IRC 6011(e)
18. Partnership Changes Form 1065 new line for merchant card and third party payments
Schedule A eliminated, new Form 1125A
Schedule B Form 5471 question added
Schedule L Information on loans to and from partners
19. Corporation Changes 1120 & 1120S - New line for merchant card and third party payments
Schedule A - deleted; new Form 1125-A
Schedule E - deleted; new Form 1125-E
Schedule J expanded
Part I (Tax Computation) and
Part II (Payments and Refundable Credits)
20. Resources Draft 2011 forms: www.IRS.gov/draftforms
Final 2011 forms: www.IRS.gov/formspubs
Changes to Current Tax Products: www.irs.gov/formspubs
Legislation: thomas.loc.gov
E-mail: taxforms@irs.gov
21. 21 Employment Tax Issues December 2, 2011
22. Form 941 Changes New Line 5e
3121 (q) Notice and Demand
Tax due on unreported tips
Lines 6a through 6d reserved for future use
Changes reflect new rules beginning in Q1
Lines 12c and 12d eliminated
23. Small Business Health Care Tax Credit For small employers providing health insurance coverage
Tax years beginning after 12/31/2009
For profit: nonrefundable at 35%
Tax exempts: refundable at 25%
Requirements: FTE, average annual wages, must be qualifying arrangement
See Notices 2010-44 and 2010-82
24. W-2 Reporting of Cost of Employer Health Care Coverage Amount reported not taxable
Optional for 2011 (Notice 2010-69)
Report in box 12 of Form W-2
Code DD
Information only
Notice 2011-28 provides interim guidance and transition relief, including for certain small employers
25. W-2 No advance earned income credit
Code changes for box 12:
Code DD, Cost of health care optional in 2011; amount not included in taxable income
Code EE, Roth 457(b) accounts
Code CC, HIRE wages, eliminated
26. Reduction in Employee Share of Social Security for 2011 Employee Social Security tax rate changed from 6.2% to 4.2%
Employee Social Security rate
New multipliers on Form 941 rate change from 12.4% to 10.4%
Employer share remains at 6.2%
27. Form 1099-MISC Compliance Secure correct TIN upfront
IRS sends CP2100 or CP2100A for returns filed with missing or incorrect TIN
Payer may be subject to backup withhold
CP 2100 actions missing or incorrect TINs
28. Form 1099-MISC Compliance The B Notice
Solicitation requirements
Backup withholding, Form 945, IRS Audit & Penalties
Documentation
29. Return Preparers New PTIN rules for tax return preparers
Must register and obtain a PTIN if paid to prepare all or substantially all of a tax return or claim for refund
Must have PTIN before preparing returns in 2011
Must be renewed every year
30. Worker Classification Independent contractor
Employee
31. 1120-S Officers Compensation Little or no compensation reported and significant distributable income
Officer / shareholder performed significant services
Employment taxes reduced or eliminated
Compliance efforts
32. Collection of Trust Fund Taxes Prompt filing of notice of federal tax lien
Assertion of trust fund recovery penalty
Simultaneous collection from both business entity and responsible parties
33. Keeping Current withIRS Collection December 2, 2011
34. Fresh Start Initiatives Tax lien threshold & withdrawals
Direct debit installment agreements and liens
In-business installment agreements
Streamline offer in compromise
35. Installment Agreements Streamlined vs. guaranteed
Direct debit installment agreement
Partial payment installment agreement
User fee
36. On-Line Payment Agreements Visit IRS.gov, search Keyword installment agreement
Criteria
Payment options
Ability to revise existing agreement
37. Employment Taxes In-business trust fund express installment agreements
Electronic Federal Tax Payment System
Trust fund recovery penalty
38. Offer in Compromise Program objectives
Reasons for offer in compromise
Payment options
39. OIC Tidbits Form 656 revision
How to apply
Common errors to avoid
40. Outreach Collection process videos
Insolvency webinar
Discharge / subordination videos
Collection Webpage
41. Whats New on IRS.gov
42. Ley Mills Stakeholder Liaison
(703) 647-5591
herbert.mills@irs.gov Contact information