Given the size and complexity of today’s tax code, avoiding disputes with the IRS can be difficult. Even a carefully run business can inadvertently run afoul of a new rule, a revised procedure, or updated guidance.
In recent years, however, some taxpayers dealing with IRS notices or enforcement actions have begun to use the complexity of federal law in their own defense, claiming the IRS itself failed to follow proper procedures when drafting regulations. In several cases, federal courts have agreed with the taxpayers, calling into question the validity of a growing number of IRS rules.
Although these cases involve a variety of tax issues, they have a common element: the taxpayers successfully sued the IRS for violating the Administrative Procedure Act (APA), a 1940s-era law designed to spell out acceptable rulemaking processes for the many new executive branch agencies that were created during the New Deal and World War II. (more…)
Since the IRS first introduced them for the 2021 tax year, Schedules K-2 and K-3 have caused concerns—and confusion—for many partnerships and S corporations. The purpose of the two schedules is to report information related to foreign financial activities, but some pass-through entities found themselves subject to the forms’ requirements—even though they had no foreign interests or concerns. (more…)
By Jaime Exley, CPA, Director of Accounting Solutions
ASL Construction Group
“The only constant in life is change” – Heraclitus
Every contractor understands the reality that construction projects are complex and have many moving parts. The ways in which a contractor manages changes during a project significantly impacts project profitability and cash flow. In many cases, construction companies’ reputations rise and fall with their ability to successfully navigate changes in project scope. (more…)
By Nick Price, CPA, Manager, Tax & Advisory
ASL Real Estate Group
The Inflation Reduction Act (IRA), which was signed into law on August 16, 2022, included expanded and extended tax credits and incentives to encourage energy efficient housing, commercial buildings, and vehicles. Our previous blogs discussed incentives for homeowners (A Greener Home Can Save You Green Under the Inflation Reduction Act) and vehicle buyers (Inflation Reduction Act Restructures Alternative Fuel Vehicle Credit). (more…)
By Anu Joshi, CPA, MST, Principal, Tax & Advisory
In late December of 2022, while most of us were busy with other things, Congress was working on passing a giant omnibus budget bill. The 2023 omnibus bill was signed into law by the President on December 29, 2022. Buried within it was the Setting Every Community Up for Retirement Enhancement 2.0 Act of 2022 (SECURE 2.0). It provides new incentives for employers to offer retirement plans to their employees and for employees to participate and improve their retirement security. SECURE 2.0 helps employees and their beneficiaries, owner-employees, small businesses, and retirees, and eases costs, administrative burdens, and penalties for inadvertent mistakes. (more…)