IRAs

Individuals have access to a wide variety of vehicles for investing hard-earned (or not-so-hard earned) money.  Some of these, including “individual retirement accounts” (or “IRAs”), provide potential benefits from a federal tax standpoint.

Over the next several weeks, I’ll be issuing a series of posts discussing IRAs in depth – general information, tax treatment, and some limitations and pitfalls.  For now, let’s dive into a few basics.

What is an IRA?

Generally speaking, an IRA is a tax-advantaged retirement account owned by an individual, either for his or her own benefit or for the benefit of a third-party (a “beneficiary”).  The Internal Revenue Code defines the term “individual retirement account” as follows:

A trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries, but only if the written governing instrument creating the trust meets the following requirements:

  • Except in the case of a rollover contribution…no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year on behalf of any individual in excess of the amount in effect for such taxable year under section 219(b)(1)(A).
  • The trustee is a bank…or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section.
  • No part of the trust funds will be invested in life insurance contracts.
  • The interest of an individual in the balance in his account is nonforfeitable.
  • The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund.

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How Practical Is Artificial Intelligence For Sales Tax? The Future of Sales Tax In The United States

The world of taxation is evolving rapidly, and artificial intelligence (AI) is playing a significant role in this transformation. AI is poised to make a substantial impact in the sales tax field. In the United States, sales tax has long been a complex, data-intensive, and ever-changing landscape for businesses and consumers alike. AI is affecting the way sales tax is collected, managed, and enforced, which will have practical implications for the future of businesses operating in the U.S. Here’s how… 

1. Enhanced Accuracy And Efficiency 

One of the most immediate benefits of AI in sales tax is the improved accuracy and efficiency it brings to the record-keeping tasks. Traditional manual methods of pulling recordings and searching for small details are time consuming and prone to errors, which can result in costly audits and penalties for businesses. AI-powered software can automate the process of pulling information from documents such as invoices and exemption certificates to streamline and speed up time-consuming record keeping tasks and pulling records for audits. This can also reduce the likelihood of errors and ensure that businesses are in compliance with sales tax regulations. But as always, we recommend that you double-check your work! 

 2. Assisting In Research  

So much of our time working in sales tax ends up being spent on research. Whether that is determining sales tax rates, economic nexus thresholds, taxability of different types of items, or one of the many other details relevant to staying compliant. AI can be helpful in this process! AI is best used to get leads in researching the taxability rules of different items. If you begin selling a new product in a new state, AI can set you in the right direction. Then you can continue your research built on that foundation. Think of AI as a guide that can set you in the right direction but does not complete the full journey for you.  

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IRS Using Artificial Intelligence To Investigate Hedge Funds, Private Equity And Partnerships

According to an article in the New York Times written by Alan Rappeport  who covers the Treasury Department, the IRS has started using artificial intelligence to investigate tax evasion at multi-billion partnerships as it looks for ways to better police hedge funds, private equity groups, real estate investors and large law firms. The passing of Inflation Reduction Act set aside 80 Billion taxpayer dollars to target the wealthiest Americans to tackle complex tax cases.

The Inflation Reduction Act was passed on August 12, 2022 by the House of Representatives with all Democrats voting for it and all Republicans voting against the Bill with a 220 – 207 vote.

According to the IRS News site, the Founder of a purported artificial intelligence-driven fund has been charged with defrauding clients. An IRS criminal complaint was filed in federal court in Brooklyn charging Mina Tadrus, the founder and chief executive officer of Tadrus Capital, LLC, with wire fraud in connection with a scheme to steal from clients of his purported hedge fund. Tadrus was arrested this morning in Tampa, Florida and made his initial appearance in federal court in the Middle District of Florida where he was released on a $100,000 bond.

Breon Peace, United States Attorney for the Eastern District of New York, James Smith, Thomas M. Fattorusso, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York Field Office (CI), and Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) announced the arrest and charges.

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With so many unexpected events happening around the world, it is more important than ever to prepare for the unexpected. During the last two months we have experienced three electrical outages in Coachella Valley causing a long list of issues for homeowners and business owners. We have watched in horror the fires in Maui wiping out Lahaina; the Oahu fires on October 31, 2023 destroying 2000 buildings; the fires in California communities including Riverside, San Diego, and Madera in 2023, the wildfires in Argentina in October 2023; the fires in Queensland, Australia in October 2023; the Category 5 Hurricane that wiped out the entire city of Acapulco one evening in October;  the Category 4 hurricane that hit central-western and northern Florida during August 2023; the East Palestine train derailment during February 2023; the horrible Hamas attack on Israel October 7, 2023; and many other disasters during the 2023 year. What they all have in common is the displacement of human beings and their way of living. They lost access to their businesses. When you take-action and secure a TaxConnections Membership, you have Peace Of Mind and more control over access to your business in the event of an unforeseen disaster. In addition, if you are away on business, you also always have access to your business operation.

WATCH THE VIDEO: https://vimeo.com/888383810/fe81e039e4 

What is vitally important today is having a business backup plan in place before a disaster happens! What TaxConnections has developed for small and medium-sized business owners is the one backup system they need to be up and operating quickly in the event of an unexpected situation. If every business owner spends one hour in preparation and less than one dollar a day, they will have a Virtual Office that ensures they have access to all their business operations through their cell phone. TaxConnections Members have a Virtual Office where members simply upload the links to their cloud services in their TaxConnections Virtual Office. We never ask Members for passwords as all Members control all passwords for themselves.

You can also upload Articles To Your Online Personal Library On Your .

You can also upload Podcasts To Your Professional Profile Profile Page.

Start working smarter with a TaxConnections Membership!

Want us to walk you through a TaxConnections registration? Call 858.999.0053 or email kat@taxconnections.com to request a time for personal onboarding. We are happy to help you get started!

View My Virtual Office. Simply select “Manage Resources” To Name Your Resource and Input Link. It is easy to set up and organize all your business links in your TaxConnections Virtual Office.

Cost: .84 cents Per Day For Peace Of Mind To Provide Access All Your Business Resources in The Cloud Accessible Through Your Cell Phone.

Call 858.999.0053 and someone on our team will guide you through registration in half the time!

Nonprofits And Prohibited Inurement (?)

It’s always wonderful when Congress includes in a statute a word that practically no one – except maybe tax attorneys – might use in their lifetime, much less in day-to-day parlance:

Inure.

When was the last time you used the word “inure” in an everyday conversation?

Never, I predict.

However, the word “inure” is one of the most critical words in the nonprofit or tax-exempt space. In this regard, section 501(c)(3) of Title 26 of the Internal Revenue Code (“Code”) affords exemption from federal income tax to “Corporations [and others] . . . organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, . . . no part of the net earnings of which inures to the benefit of any private shareholder or individual . . . [.]. See 26 U.S.C. § 501(c)(3).

In common usage, “inure” means, basically, to vest or granting a right of enjoyment. And, “private shareholder or individual,” as used in section 501(c)(3) of the Code, means, basically, control persons – officers, directors, and those in managerial control of the organization.

Under section 501(c)(3) of the Code, the prohibition of “inurement” to any private shareholder is absolute.

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Form 4797, Tax Planning, Sales Allocation And More (Free Webinar With 1 IRS CE Credit)

Simply put, IRS Form 4797 is a tax form that’s used specifically for reporting the gains or losses made from the sale or exchange of business and income producing property used in a trade or business. However, this form often generates countless amounts of uncertainty and anxiety.

This course will assist tax pros in determining whether a transaction is a capital gain or ordinary income and what tax consequences are associated with each. Furthermore, assist on allocation of sales price and provide tax planning overview. Join us in deciphering the mystery of Form 4797.

Learning Objectives REGISTER HERE

– Analysis of Tax Planning and difference between the Seller’s and Buyer’s tax treatment
– Analysis of Allocation of Sales Price on different classes of assets
– Discovery Basic choices regarding the Allocation of Sales Price
– Correctly identify § 1231 Property.
– Examine the difference between §§ 1245 and 1250 Property.
– Inspect issues surrounding de minimis safe harbor of repair regulations.
– Assess Form 8594 and the seven classes of assets
– Differentiate between depreciation recapture and capital gain.
– Identify Unrecapture Depreciation.

1 IRS CE
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How To Successfully Submit Forms 2848 & 8821

TaxConnections thanks CPE provider Tax Practice Pro for this complimentary On Demand webinar from TaxPracticePro.com with two IRS CE earned. This On Demand webinar is called “How to Successfully Submit Forms 2848 & 8821”. Tax Practice Pro is a nationwide provider of live and webinar based Continuing Education. We help tax professionals grow.

REGISTER HERE

100% no charge. We do 25-30 CE each month, all based on a theme for the month. Tax Practice Pro kicks off each month with a free program, mostly to give back to the industry.

This webinar teaches the most effective process of preparing and submitting form 8821 (Tax Information Authorization) and form 2848 (Power of Attorney) to the IRS CAF unit in order to successfully access your taxpayer’s IRS records.
(2 IRS CE)
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EA Prep Exam

The only live & interactive online EA course – get your questions answered and doubts clarified right away!
REGISTER HERE
Includes these standalone study tools: Lambers, Gleim, and TheTaxBook*!
TaxMama® teaches tax law, practice and representation in live classes – from the ground up!
TaxMama® guides you through several tax return samples and forms to help you see how the tax laws and procedures work for real-world clients – not just for the exams!
TaxMama® teaches you how to read your clients minds, offers templates to help you start your own tax practice and screen clients, and gives you priceless tips to make your professional life easier after you become an EA!
TaxMama® students get additional test-taking coaching in twelve 4-hour Final Review sessions (four per exam part) in addition to the course lectures!
TaxMama® teaches you how to overcome your fear when facing exam questions!
TaxMama® students have unlimited access to a dedicated mentoring portal – even after they pass!
TaxMama’s® courses are all recorded, you have unlimited replays of all classes (video AND audio)
TaxMama’s® course is like a 3-year tax education in 6 months (or less)!
TaxMama® students can join lectures for free – every year (and can get CE for only a small fee)!
TaxMama’s® EA course provides up to 80 hours CE – including all 15 CE credits needed for the Reduced AFSP Certificate of Completion – helping you to improve your professional status before you get your EA credential!
TaxMama’s® EA course is easy to customize to fit your needs.
REGISTER HERE

Introduction To TRUST, ESTATE, and GIFT TAXES (Free Webinar With 1 IRS CE)

The transfer taxes are the gift tax, the estate tax, and the generation skipping transfer tax. While these are separate taxes from the income tax, some of the core concepts inform income tax issues as well. This webinar is a high-level overview of the gross estate and completed gifts, highlighting the intersection between estate inclusion and income tax issues.

1 IRS CE REGISTER HERE

Self-Study recording not available for NASBA CPE credit. However, you receive 1 IRS CE Credit.

As part of our strategic plan, we offer free courses to give back to the tax community by providing free CE. It is our way of thanking you for supporting us!

REGISTER HERE

View Upcoming Webinars

The Complete Guide For Submitting Form 14653 For The Streamlined Program

As a U.S. expat, understanding your tax obligations is essential. Form 14653 plays a key role for those considering the IRS Streamlined Foreign Offshore Procedures. In this guide, we’ll simplify Form 14653, ensuring you can confidently navigate the Streamlined Program to address your tax compliance issues. Dive in to learn more and achieve seamless tax compliance.

At 1040 Abroad, we value transparency in our pricing. That’s why our Streamlined Compliance Package includes the certification statement (Form 14653) at no extra cost. With our flat fee policy, you’re assured of no hidden charges or additional costs for any extra forms required. Our goal is to provide comprehensive, worry-free support as you navigate your tax obligations

What Is IRS Form 14653?

IRS Form 14653, also known as the “Certification by U.S. Person Residing Outside of the United States for Streamlined Foreign Offshore Procedures,” is a form used by U.S. expats and Green Card Holders residing abroad to certify that their failure to report foreign financial assets and pay all tax due in respect of those assets did not result from willful conduct.

This form is part of the Streamlined Foreign Offshore Procedures, which offer a way for U.S. expatriates to become compliant with their U.S. tax obligations if they haven’t been willfully avoiding these responsibilities without risking any penalties.

What Is “Non-Willfull” Conduct?

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Thinking About An Acquisition? Do Your Due Diligence!

When entertaining discussions about mergers and acquisitions ( M&A ), due diligence practices as they pertain to the state tax side of a deal are a key item. We frequently consult with clients that are in the process of either acquiring another company or looking to be acquired. In either case, the client wants to be aware of any potential state tax exposure areas so they can move forward appropriately and correctly negotiate the deal.

Often however, the due diligence process is the first time the company has addressed the multi-state landscape. Sometimes M&A deals fall apart because a target company does not have its sales tax house in order. If a suitor company does its due diligence and finds significant exposure related to years of non-compliance with sales tax collection or income tax filing, it can either derail an entire deal or significantly impact the purchase price.

What Are Some Due Diligence Questions To Ask If A Company Is Being Acquired?

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Treasury Department Takes Aim At Convertible Virtual Currency Mixing

The Treasury Department has recently issued a notice of proposed rulemaking under the Bank Secrecy Act regarding the reporting of convertible virtual currency (“CVC”) mixing.[1]

Perceived Problems with CVC Mixing

The Treasury Department explains that “[t]he public nature of most CVC blockchains, which provide a permanent, recorded history of all previous transactions, make[s] it possible to know someone’s entire financial history on the blockchain.”[2] CVC mixing involves various methods “intended to obfuscate transactional information, allowing users to obscure their connection to the CVC.”[3] These methods include:

  • “combining CVC from two or more persons into a single wallet or smart contract and, by pooling or aggregating that CFC, obfuscating the identity of both parties to the transaction by decreasing the probability of determining both intended”;[4]
  • “splitting a single transaction from sender to receiver into multiple, smaller transactions, in a manner similar to structuring, to make transactions blend in with other, unrelated transactions on the blockchain occurring at the same time so as to not stand out, thereby decreasing the probability of determining both intended persons for each unique transaction”; [5]
  • “coordinat[ing] two or more persons’ transactions together in order to obfuscate the individual unique transactions by providing multiple potential outputs from a coordinated input, decreasing the probability of determining both intended persons for each unique transaction”;[6]
  • “use of single-use wallets, addresses, or accounts . . . that have the purpose or effect of obfuscating the source and destination of funds by volumetrically increasing the number of involved transactions, thereby decreasing the probability of determining both intended persons for each unique transaction”;[7]

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