Tax Tip 2024-95: Tax professionals must renew their Preparer Tax Identification Number by Dec. 31

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Issue Number: Tax Tip 2024-95

Tax professionals must renew their Preparer Tax Identification Number by Dec. 31

With more than 800,000 Preparer Tax Identification Numbers set to expire on Dec 31, 2024, the IRS recommends tax professionals renew their PTIN now with the IRS Tax Professional PTIN system.

Anyone who prepares or helps with preparation of tax returns for compensation must have a valid PTIN. Tax professionals must include a PTIN with any return or claim for refund filed with the IRS. The fee to renew or obtain a PTIN for 2025 is $19.75, which is non-refundable.

Renew PTINs online
To renew a PTIN online through the IRS Tax Professional PTIN system, the registered tax professional will need to complete an online renewal application, verify their personal information and answer questions. Once the IRS receives payment, the agency will send the applicant confirmation the PTIN has been renewed.

Apply for a PTIN online
First-time applicants may also use the IRS Tax Professional PTIN system to apply online. The applicant will need to:

  • Create an account using their name and an email account that they always have access to.
  • Complete the online application by providing personal information, credentials and history. See this checklist of what’s need before getting started.
  • Pay the fee by credit, debit or ATM card or eCheck.

The applicant will receive a PTIN once they complete all steps and the IRS receives payment.

PTIN system features
With the PTIN system, tax professionals can also: 

  • See a list of continuing education.
  • Find a summary of the number of filed returns on which their PTIN has appeared in the current year.
  • Receive communications through a secure mailbox from the IRS Return Preparer Office.
  • Track their progress for participation in the IRS Annual Filing Season Program.

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IR-2024-309: IRS urges many retirees to make required withdrawals from retirement plans by year-end deadline

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Issue Number:    IR-2024-309

Inside This Issue


IRS urges many retirees to make required withdrawals from retirement plans by year-end deadline 

WASHINGTON — The Internal Revenue Service today reminded those aged 73 and older of the deadline to take Required Minimum Distributions from Individual Retirement Arrangements (IRAs) and other retirement plans, and highlighted updates introduced by the SECURE 2.0 Act. 

Required Minimum Distributions (RMDs) are amounts that many retirement plan and IRA account owners must withdraw annually. These withdrawals are considered taxable income and may incur penalties if not taken on time. The IRS.gov Retirement Plan and IRA Required Minimum Distributions FAQs webpage provides detailed information regarding the new provisions in the law. 

SECURE 2.0 Act: The new law raised the age that account owners must begin taking RMDs, while eliminating RMDs for Designated Roth accounts in 401(k) and 403(b) retirement plans. 

The minimum distribution rules generally apply to original account holders and their beneficiaries in these types of plans: 

  • IRAs: IRA withdrawals from traditional IRAs and IRA-based plans occur every year once people reach age 73, even if they’re still employed.
  • Retirement plans: The RMD rules apply to employer-sponsored plans, with delays allowed until retirement unless the participants own more than 5% of the sponsoring business.
  • Roth IRAs: Roth IRA owners are not required to take withdrawals during their lifetime, however beneficiaries are subject to the RMD rules after the account owner’s death.  

Designated Roth accounts in a 401(k) or 403(b) plan will not be subject to the RMD rules while the account owner is still alive for 2024. The RMD Comparison Chart outlines key RMD rules for IRAs and defined contribution plans. 

Penalties for missed distributions

If an account owner fails to withdraw the full amount of the RMD by the due date, the owner is subject to a 25% excise tax on the amount not withdrawn. The 25% excise tax rate is reduced to 10% if the error is corrected within two years. 

RMD calculations

IRA trustees or plan administrators must either report the RMD amount to the account owner or offer to calculate it. Each IRA plan’s RMD must be calculated separately, however owners can withdraw the total required amount from one or more accounts of their choice as long as the annual requirement is met. An IRA trustee or plan administrator may calculate the RMD, but the account owner is ultimately responsible for ensuring the correct RMD is taken. The IRS provides required minimum distribution worksheets to help calculate the RMD amounts and payout periods. 

Account owners should file Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, with their federal tax return for the year the full amount of the RMD was required but not taken. 

Inherited IRAs  

Beneficiaries of inherited IRAs, retirement plan accounts, or Roth IRAs may be required to take RMDs. For guidance on taking RMDs from an inherited account and reporting taxable distributions as part of gross income, refer to Retirement Topics – Beneficiary and Required Minimum Distributions for IRA Beneficiaries. Help for those in charge of the estate to complete and file federal income tax returns can be found in Publication 559, Survivors, Executors and Administrators. The factors that affect the distribution requirements for inherited retirement plan accounts and IRAs include: 

  • Whether the account owner died after 2019, as the SECURE Act introduced new RMD rules for beneficiaries in these cases.
  • The beneficiary’s relationship to the account owner and their specific characteristics, such as being a spouse, minor child, disabled or chronically ill individual, entity other than an individual.
  • Whether the original account owner passed away before or after the date required to begin taking RMDs. 

Taxpayers can find easy-to-use tools such as forms, instructions and publications at IRS.gov.

 

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IRS Tax Tip 2024-94: Tax professionals can access useful tools on their IRS Tax Pro Account

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Issue Number: IRS Tax Tip 2024-94

Tax professionals can access useful tools on their IRS Tax Pro Account

As part of 2024 National Tax Security Awareness Week, the IRS and Security Summit partners remind tax professionals that their IRS Tax Pro Account, a digital self-service portal, lets them manage authorized relationships with their clients and view clients’ tax information while keeping client data secure.

The IRS Tax Pro Account lets qualified tax professionals send power of attorney and tax information authorization requests directly to a client’s individual IRS Online Account. This shortens processing times and eliminates the need to fax, mail or upload documents.

To approve a tax professional’s authorization request in IRS Online Account, the taxpayer simply checks a box and submits the authorization request to the IRS. Most authorizations are processed immediately, though some may take up to 48 hours.

Requirements of Tax Pro Account
To use Tax Pro Account, a tax professional needs:

  • Centralized Authorization File number in good standing that’s assigned to them as an individual. Tax professionals can request a CAF number when using Tax Pro Account for the first time.
  • A CAF address that’s in the 50 states or the District of Columbia.

Features of Tax Pro Account
Tax professionals can also use their Tax Pro Account to:

  • View clients’ tax information, including balance due amounts.
  • Send a POA or TIA request to an individual’s IRS Online Account for approval.
  • View and withdraw active POAs and TIAs.
  • Manage and withdraw active client authorizations on file with the CAF database.

More information:

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Tax Tip 2024-93: Tax professional tips for creating a data security plan

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Issue Number:  Tax Tip 2024-93

Tax professional tips for creating a data security plan

Tax professionals are required by law to create a Written Information Security Plan – or WISP – to protect their clients’ data. The IRS and the Security Summit partners have created an easy-to-follow Written Information Security Plan that outlines the basics and walks tax professionals through how to get started on a plan and understand security compliance requirements and professional responsibilities.

Creating a WISP

A WISP protects client information most effectively when tailored to the size, scope, complexity and sensitivity of the customer data it handles. A WISP should focus on:

  • Employee training and management.
  • Information systems.
  • System failure detection and management.

WISP Requirements

Tax professionals are required by law to have a WISP in place to protect customer data.  As a part of their security plan, each tax professional needs to:

  • Designate one or more employees to coordinate its information security program.
  • Identify and assess risks to customer information in each relevant area of the company’s operation.
  • Evaluate the effectiveness of the current safeguards for controlling those risks.
  • Design and implement a safeguards program and regularly monitor and test it.
  • Contract a service provider that maintains safeguards and handling of customer information.

Tax professionals should always be evaluating and adjusting their WISP based on relevant circumstances, changes in the firm’s business or operations or the results of security testing and monitoring. For more on security awareness and WISPs, check out National Tax Security Awareness Week 2024.

 

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IR-2024-308: National Tax Security Awareness Week, Day 5: Tax pros urged to guard against identity theft with updated Written Information Security Plan

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Issue Number:    IR-2024-308

Inside This Issue


National Tax Security Awareness Week, Day 5: Tax pros urged to guard against identity theft with updated Written Information Security Plan  

WASHINGTON – On the final day of National Tax Security Awareness Week, the Internal Revenue Service and its Security Summit partners urged tax professionals to reassess their plans for protecting themselves and their clients’ sensitive information amid increasing attempts by identity thieves to steal tax data. 

Identity thieves on the hunt for taxpayer data aren’t just targeting taxpayers, they’re going after the tax professionals, who hold enormous amounts of sensitive taxpayer data, in hopes of filing fraudulent tax returns. This year, the IRS has already received more than 250 reports of data breach incidents from tax professionals affecting approximately 200,000 clients. 

Amid these continuing reports of tax professionals encountering data breaches, the Security Summit partners urged practitioners to review the newly updated Written Information Security Plan (WISP). 

Tax professionals are required by federal law to have written plans identifying foreseeable data security risks and safeguards, and a plan of action to take in the event of a security breach. To simplify this complex task, a special team of Security Summit members from the tax community released an updated WISP that tax professionals can use as a roadmap to apply to their own practice. 

The IRS also reminds taxpayers that additional safeguards, like multi-factor authentication (MFA), are required by federal law to better protect themselves and their clients. MFA provides an extra layer of security to ensure the proper people are accessing sensitive accounts and systems. 

“Countering identity theft is a collective effort, and tax pros are the first line of defense when it comes to protecting taxpayer information,” said IRS Commissioner Danny Werfel. “Millions of taxpayers entrust their personal data to tax professionals, and we want to make it as easy as possible for tax pros to know what they need to do to keep themselves and their clients’ information safe. The Written Information Security Plan forms an essential part of the tax professionals’ defense against data breaches and identity thieves, helping protect their clients and protect themselves.” 

The WISP, available in IRS Publication 5708, Creating a Written Information Security Plan for your Tax & Accounting Practice, walks tax professionals through the steps of assembling a plan, including understanding security compliance requirements and professional responsibilities. It also provides a sample template that tax professionals can use as they draft a plan for their business.

 The new version of the WISP, the result of a year-long collaborative effort between the IRS and its Security Summit partners, includes several updates, like highlighting best practices for implementing multi-factor authentication. 

During National Tax Security Awareness Week, now in its ninth year and concluding today, the Security Summit partnership of the IRS, tax professionals, tax software and financial companies as well as state tax agencies work to raise awareness among taxpayers and tax professionals about the importance of safeguarding information to protect against identity theft. The Security Summit formed in 2015 to combat tax-related identity theft through better public-private sector coordination as well as strengthening internal protections in the tax community and raising public awareness about security threats. 

Tax pros are on the front lines of defense in protecting taxpayer information. The Summit partners highlighted several key steps that tax pros – regardless of the size of their practice – should take to protect their systems and comply with federal standards. 

WISPs and MFA are crucial – and necessary 

Members of the Summit’s tax professional team developed a helpful guide that allows practitioners to quickly develop their own WISP to provide a blueprint for information security.  

“This helpful guide with sample templates provides a starting point for businesses large or small, and can be scaled for a company’s size, scope of activities, complexity and customer data sensitivity,” said Kimberly Rogers, the IRS Return Preparer Office director and co-chair of the Summit’s tax pro group. “There’s not a one-size-fits-all WISP. A sole practitioner can use a more abbreviated and simplified plan than a 10-partner accounting firm. This flexibility is reflected in the sample policies and pre-populated templates included in the publication.” 

Addressing security issues for a tax professional can be difficult and expensive. A WISP addresses risk considerations for inclusion in an effective plan and provides a blueprint of applicable actions in the event of a security incident, data loss or theft. 

Tax pros can also review IRS Publication 5709, How to Create a Written Information Security Plan for Data Safety, for more information on WISPs. 

In addition to requirements to have a WISP, the IRS also reminds the tax community that the Federal Trade Commission last year updated its safeguards standards and now require tax professionals to use MFA to protect client information. MFA, which can include sending text/SMS verification codes to a user or asking additional questions to confirm the identity of a person logging into a system, provides an extra layer of security to ensure the proper people are accessing sensitive accounts and systems. 

“Building and maintaining a resilient security plan is more than just a requirement — it’s a safeguard for both tax professionals and their clients,” said Jared Ballew, president of the National Association of Computerized Tax Processors and one of the Summit members who helped develop the WISP. 

“There’s no single silver bullet for security; effective protection requires multiple layers of defense,” Ballew continued. “Our goal with these resources is to help tax pros create and reinforce those layers, with the WISP providing a solid foundation to start or enhance that process. The Security Summit partners remain committed to helping every tax professional stay proactive and protected in today’s digital landscape.” 

IRS Tax Pro Account: Protects pros and their clients’ data and saves time, too 

The IRS and Summit partners also emphasize another way to help protect sensitive information from identity thieves is through secure online tools such as the Tax Pro Account. These tools can help manage client information to safeguard sensitive taxpayer and financial data from cyberthreats. 

The Tax Pro Account is a secure, mobile-friendly, digital, self-service application that enables tax professionals to act on a taxpayers’ behalf, view the taxpayers’ information and manage their authorization relationships more efficiently.  

As part of IRS transformation efforts, the IRS will continue adding new features to the Tax Pro Account in the future to help tax professionals securely and efficiently serve their clients. 

Currently, tax professionals can use Tax Pro Account to send Power of Attorney and Tax Information Authorization requests directly to a taxpayer’s individual IRS Online Account. Once the taxpayer approves the request, it’s processed in real time — no faxing, mailing, uploading or long waits. 

Visit the Tax Professionals page on IRS.gov to learn more about E-Services, Tax Pro Account, Employer Identification Numbers, filing, forms, third-party authorizations as well as other safe and secure online tools to serve clients. 

Data breaches: What to do when the worst happens 

The IRS also recommends tax professionals create an action plan to outline the steps to take in the event of a breach or data theft, in addition to the required Written Information Security Plan. Tax pros now need to report a security event affecting 500 or more people to the Federal Trade Commission as soon as possible, but no later than 30 days from the date of discovery. 

A key component to an effective action plan is knowing who to contact. In addition to reporting data loss to the IRS, tax professionals should contact law enforcement, the appropriate states, clients and security professionals. 

Places to get help in case of a data breach: 

  • IRS Stakeholder Liaison – The IRS recommends reporting data theft to the local Stakeholder Liaison first. Liaisons will notify IRS Criminal Investigation and others within the agency on the tax professional’s behalf. Speed is critical. If reported quickly, the IRS can take steps to block fraudulent returns in clients’ names.
  • Federal Trade Commission – Data breaches involving 500 or more people are now required to be reported to the FTC as soon as possible, but no later than 30 days from the date of discovery.
  • Federal Bureau of Investigation – the local office.
  • Secret Service – the local office (if directed).
  • Local police – to file a police report on the data breach. 

Contacting states in which tax pros prepare state returns: 

  • Federation of Tax Administrators – Tax professionals can reach this special “report a data breach” web page for victim reporting guidance to the states.
  • State Attorneys General  most states require that the state attorney general be notified of data breaches. 

Additional resources 

Tax professionals should also stay connected to the IRS through subscriptions to e-News for tax professionals and its social media sites

 

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Tax Tip 2024-92: Keep personal information safe under digital lock and key

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Issue Number:  Tax Tip 2024-92

Keep personal information safe under digital lock and key

During the ninth annual National Tax Security Awareness Week, the IRS and its Security Summit partners want to assist taxpayers in recognizing tax scams and fraud to keep their information safe and out of the hands of identity thieves and scammers. By following these tips, taxpayers can reduce the risk of losing their identity, money or accounts to criminals.

Always protect personal data

If someone is requesting a taxpayer’s personal information – their date of birth, age, address, Social Security number or bank account information – the taxpayer should be cautious. Ask why the information is needed and only provide what’s absolutely necessary. It’s also a good practice not to respond to emailed, texted or other requests but instead to seek out the requestor’s website or to contact them directly.

Shop at reputable retailers

When shopping online, taxpayers should confirm they’re on a reputable and secure retailer’s website and avoid sites with invalid digital certificates. Don’t assume that a web address is legitimate just because it includes “https.” Criminals can purchase valid security certificates and attach them to fraudulent websites.

Use security software

The IRS encourages taxpayers to take the time to ensure all family members have comprehensive anti-virus protection for their digital devices, particularly on shared devices. When a taxpayer stores sensitive files – such as tax records – on a digital device, they should backup and encrypt those files for additional protection.

Choose strong passwords and enable two-factor authentication

Use strong, unique passwords for each account and enable two-factor authentication where possible. Remember to never re-use passwords for online accounts and never share passwords with anyone.

Know the risk of public Wi-Fi

Connection to public Wi-Fi is convenient and often free, but it may not be safe. Criminals can easily steal personal information from these networks. People should always be cautious and use a virtual private network when connecting to public Wi-Fi.

Be aware of compromised accounts

Once a criminal hacks an email or social media account, they may try to scam the victim’s contacts by posing as the victim. Everyone should be suspicious of unusual, out-of-character requests or messages, even when the account belongs to a friend, colleague or family member.

Act fast if identity theft happens

If a taxpayer was targeted by identity theft, they can take action to protect their tax information.

More information:

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12/05/2024

Dear HIG Newsletter

Tax Planning 2024

Tax and Financial News

December, 2024

Personal Income Tax Planning Strategies for Year-End 2024

As 2024 draws to a close, it’s the perfect time to review your personal income tax situation and implement strategies to minimize your tax liability for the year. Proactive year-end tax planning can lead to significant savings, as well as ensure that you take full advantage of tax credits, deductions and other opportunities available to you.

1. Maximize Contributions to Retirement Accounts

One of the most effective ways to reduce your taxable income is by contributing to tax-advantaged retirement accounts. In 2024, you may contribute up to $23,000 to a 401(k) or similar employer-sponsored plan, with an additional $7,500 catch-up contribution if you’re over age 50. These contributions are made pre-tax, meaning they reduce your taxable income for the year, potentially lowering your tax bill.

Read The Details for the complete article and video. 

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Common Business Accounting Calculations

General Business News

December, 2024

Common Business Accounting Calculations

No matter the type of business or industry, being able to analyze and deduce patterns is essential to discovering a business’ financial health. Here are four commonly used calculations to help internal and external stakeholders determine an organization’s ability to manage its finances.

Break-Even Analysis

This formula analyzes fixed costs versus the profitability a business earns for every extra item it creates and sells.

Businesses that have smaller thresholds to meet their fixed costs to realize profitability have an easier break-even point to meet and exceed. Once the fixed costs threshold is satisfied and sales revenue outpaces variable costs, a business will know when it hits the break-even point.

Break Even Point (BEP) = Total Fixed Costs/(Price Per Unit – Variable Cost Per Unit)

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5 New Year’s Financial Resolutions You Can Actually Keep

Tip of the Month

December, 2024

5 New Year's Financial Resolutions

Yep, it’s the end of another year! Chances are, you didn’t keep every resolution you made last year, for example, those goals about working out. (No shame here; we all do this!) However, the good news is that your fiscal goals can be a bit easier to achieve. Here are a few financial resolutions that are no-brainers, simple, and, best of all, no sweat.

Get a snapshot of your net worth. This is critical. Sit down and calculate this. When you know how much you have in terms of assets and liabilities, you can more easily determine where you need to make changes to your budget. For instance, this might be spending less on dining out and stocking more away in savings and investments. Understanding how much you have to work with is the first step to reaching your goals.

Pay off credit cards. This might well be an ongoing task, but the end of the year is a great time to take a breath, make a plan, and hit the ground running in the new year. If you have high-interest cards, look for limited-time, lower-interest and/or zero-interest cards. Some lenders will even give you as long as 21 months without interest. If you find yourself using credit cards more than you like, another way to get a handle on this is to use cash when you’re out at stores and restaurants. Seeing the dollars actually leaving your hands as opposed to just swiping your plastic might give you a needed dose of reality.

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IR-2024-306: National Tax Security Awareness Week, Day 4: Security Summit urges updating digital security to protect businesses, taxpayers from identity theft scams

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Issue Number:    IR-2024-306

Inside This Issue


National Tax Security Awareness Week, Day 4: Security Summit urges updating digital security to protect businesses, taxpayers from identity theft scams  

WASHINGTON — Because identity thieves target the financial data of businesses and the self-employed using new schemes, the Internal Revenue Service and the Security Summit partners today urged companies and individual taxpayers to review and update their security measures and practices to guard against the latest scams. 

Fraudsters often try tricking businesses and others into sharing personal information — such as names, passwords and account numbers — through emails, texts and direct messages made to look like they come from a legitimate source, like the IRS, a bank or a trusted tax professional. 

In some recent schemes, social media is used to dole out misleading tax advice about refunds and eligibility for tax credits like the Fuel Tax Credit or the Paid Sick and Family Leave Credit. In other instances, social media has been used to connect taxpayers with scammers to try to get them to falsify forms. In others, scammers impersonate charity organizations, then use spoofed websites and phone numbers, as well as fake email messages, to draw in the unsuspecting. 

“With the IRS and the Security Summit partners working together to increase our defenses against fraud, it means identity thieves increasingly look to steal valuable information from businesses large or small, individual taxpayers as well as tax professionals,” said IRS Commissioner Danny Werfel. “With these scammers constantly evolving their tactics, everyone needs to remain vigilant throughout the year. We urge businesses and taxpayers to review and update security measures regularly, keep abreast of the latest scams, and think before sharing any sensitive data — even with a seemingly trusted person or entity.” 

Security Summit partners urge extreme caution about such solicitations and the accompanying links, attachments and contact information they contain. Never click, call or reply without first independently verifying the source.  

Officials highlighted the threat to businesses and others on the fourth day of National Tax Security Awareness Week 2024, which runs through Friday. The annual event, now in its ninth year, was created by the Security Summit, a public-private partnership formed in 2015 between the IRS, state tax agencies and the national tax community. The partners work together to combat tax-related identity theft and raise awareness among taxpayers and tax professionals about safeguarding themselves and their customers from security threats. 

Identity thieves often ramp up their efforts during the holiday shopping season, which is already in full swing, and as tax time approaches. They’ve increasingly focused on businesses and individual taxpayers in the hopes of circumventing the strengthened defenses the IRS and its Security Summit partners have put in place in recent years. 

Since its inception, the work of the Security Summit partners has helped protect millions of taxpayers against identity theft and prevented billions of dollars from being wrongly paid out to fraudsters. 

“At the Federal Trade Commission, protecting small businesses and their owners is always a top priority,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “During National Tax Security Awareness Week, the FTC commends IRS efforts to educate businesses on how to enhance their cybersecurity while recognizing and avoiding common scams – and, of course, reporting them to ReportFraud.ftc.gov.” 

Taxpayers, businesses can protect themselves with extra security

With identity thieves looking for better sources of data to try filing false tax returns, business and taxpayer security is even more important. The Summit partners encourage taxpayers, businesses and tax professionals to remember to take some simple – but frequently overlooked – steps to protect their important financial and tax information. These include: 

  1. Set security software to update automatically.
  2. Back up important files.
  3. Require strong passwords and pair them with multi-factor authentication.
  4. Encrypt all devices. 

More information and additional recommendations can be found at the Federal Trade Commission’s Cybersecurity for Small Business page. Businesses and consumers are also encouraged to report IRS-related scams to phishing@irs.gov. 

Businesses are also encouraged to keep their Employee Identification Number (EIN) information current and to report changes of address or reporting party promptly and within the required 60 days using IRS Form 8822-B, Change of Address or Responsible Party – Business. 

What to do after a possible identity theft

If the theft occurred because of a scam targeting Form W-2 information, there are special reporting procedures, which can be found in the business section at Identity Theft Central. 

Businesses can also use the Business Identity Theft Affidavit (Form 14039-B) to proactively report potential identity theft to the IRS if they: 

  1. Receive a rejection notice for an electronically filed return because another return is already on file for the same period.
  2. Get a notice about a tax return they didn’t file.
  3. Are notified about forms W-2 they didn’t file.
  4. Notice a balance due when one isn’t owed. 

If businesses are the victim of a data breach with no tax related impact, they should visit Identity Theft Central’s business section for details on reporting the theft. 

Additional resources

Go to National Tax Security Awareness Week 2024 for additional information. 

For more information on preventing tax information theft, visit Security Summit. 

Victims of identity theft can visit Identity Theft Central. 

For more information on scams the IRS is tracking, visit Recognize tax scams and fraud. 

Find additional information on tax scams at Tax Scams. 

Get reliable tax info from the following trusted sources: 

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IR-2024-305: IRS requests applications for 2025 ETAAC membership

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Issue Number:    IR-2024-305

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IRS requests applications for 2025 ETAAC membership 

WASHINGTON — The Internal Revenue Service is accepting applications for the Electronic Tax Administration Advisory Committee (ETAAC) through Jan. 31, 2025. 

The ETAAC is an organized public forum for discussion of issues in electronic tax administration, such as prevention of identity theft and refund fraud. The committee supports the overriding goal that paperless filing should be the preferred and most convenient method of filing tax and information returns. 

ETAAC members work closely with the Security Summit, a joint effort of the IRS, state tax administrators and private-sector tax partners to fight electronic fraud and tax-related identity theft. 

The IRS is looking for qualified individuals who will serve three-year terms beginning in September 2025. Applicants should have experience in such areas as state tax administration, cybersecurity and information security, tax software development, tax preparation, payroll and tax financial product processing, systems management and improvement, and implementation of customer service initiatives. 

The IRS also strongly encourages applications from people representing the viewpoints of average taxpayers, including consumer advocates and others with an interest in tax issues. 

Nominations of qualified individuals may be made by letter and received from organizations or the individuals themselves. Applicants should complete the ETAAC application and include a statement of interest and a resume. Applicants should describe and document their qualifications, past and current affiliations, and dealings with cybersecurity and electronic tax administration. 

Applicants must complete and submit a tax check waiver form and undergo an IRS practitioner background check and an FBI background check. Information on the tax check waiver and FBI background check will be provided upon receipt of application. More information can be found at Electronic Tax Administration Advisory Committee (ETAAC). 

ETAAC is a Federal Advisory Committee established by the Internal Revenue Service Restructuring and Reform Act of 1998. 

Questions about the ETAAC and the application process can be emailed to publicliaison@irs.gov.

 

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IR-2024-304: IRS alert: Charitable contribution scams on the rise; taxpayers beware of those promoting fraudulent schemes

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Issue Number:    IR-2024-304

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IRS alert: Charitable contribution scams on the rise; taxpayers beware of those promoting fraudulent schemes 

WASHINGTON — The Internal Revenue Service today warned taxpayers to avoid promoters of fraudulent tax schemes involving donations of ownership interests in closely held businesses, sometimes marketed as “Charitable LLCs.” 

These promotions often target higher-income filers and are considered abusive transactions by the IRS. 

Taxpayers should remember they are always responsible for the accuracy of information reported on their tax return. Participating in an abusive scheme to reduce their tax liability can result in assessment of the correct tax owed, penalties, interest, and potentially fines and imprisonment. Charities also need to be careful they do not knowingly enable these schemes. 

While taxpayers can properly deduct donations of closely held business interests, unscrupulous promoters sometimes lure taxpayers into schemes involving false charitable deductions. 

These schemes typically encourage higher-income taxpayers to create limited liability companies (LLCs), put cash or other assets into the LLCs, then donate a majority percentage of nonvoting, nonmanaging, membership units to a charity while the taxpayer maintains control of the voting units and reclaims the cash or asset(s) directly or indirectly for personal use. The promoter sometimes has control over the charity that receives the donation. 

IRS investigating abusive transactions 

The IRS is currently using a variety of compliance tools to combat abusive donations, including thorough audits of tax returns and civil penalty investigations. The IRS has seen hundreds of tax returns filed using this abusive charitable contribution scheme. IRS active promoter investigations and taxpayer audits in this area have resulted in a promoter pleading guilty and others being criminally convicted of this scheme, including a donor who pled guilty to obstruction. 

To avoid penalties, interest, and potential fines or imprisonment, the IRS encourages taxpayers to watch out for abusive transactions marketed by unscrupulous promoters. 

Abusive scheme design 

In the “Charitable LLCs” scheme, promoters create documents establishing the LLC for a fee. They then assist in the transfer of the taxpayer’s assets to the LLC and create documents that purport to transfer membership units in the LLC to a charity. The promoter might supply an appraisal supporting the valuation for the claimed gift and might even provide a list of charities willing to accept the membership units or identify a single charity that will accept the donation. 

Promoters might incorrectly advise clients that they can retain control and legally access the cash or other assets transferred to the LLC for their own personal use after the donation. Promoters might also execute an “exit strategy” for taxpayers to buy back their contributions at a significantly discounted price after a period of time.  

Generally, taxpayers cannot deduct a charitable contribution of less than their entire interest in property, and retaining rights to control the donated interests or buy back assets will disqualify the transaction as a deductible charitable contribution. 

Watch for red flags 

Taxpayers should be wary of any scheme that involves transferring assets to an LLC, followed by the “donation” of a majority percentage of nonvoting, nonmanaging, membership units to a charity as a “charitable contribution” while the taxpayer retains control over and access to the assets. A valid charitable contribution requires the taxpayer give control over the donated assets to the charity. 

Taxpayers should use caution when they are promised any personal benefit, beyond the tax deduction, based on a charitable donation.  

Taxpayers should scrutinize transactions that include potential red flags. A few examples are described below: 

  • Promoters marketing a transaction as a way to grow wealth in a “tax-free environment” and claim charitable contribution deductions.
  • Promoters marketing a plan that requires the creation of one or more entities in order to make a charitable donation.
  • Creating entities that do not engage in any business activity to facilitate a charitable donation.
  • Donating an interest in an LLC that loans cash or other assets back to the taxpayer or a related party.
  • The charity, as the majority owner of the LLC, has no control over the LLC or its assets.
  • The taxpayer is allowed to personally use the assets contributed to the LLC after the donation.
  • The promoter assists the taxpayer in the creation of intellectual property to fund the LLC prior to the donation.
  • The taxpayer uses the LLC funds to purchase life insurance policies benefitting their heirs or a related party after the donation.
  • The taxpayer retains the ability to reclaim the donated LLC interests from the charity for less than fair market value.
  • The promoter requires the taxpayer to use specific appraisers and/or charities.
  • Appraisals fail to take into account all facts and circumstances of the entire transaction, like the ability of the taxpayer to remove all assets from the LLC after the donation. 

Properly claiming a donation of a closely held business interest 

To properly claim a charitable contribution deduction for a donation of a closely held business interest, a taxpayer must keep records to show: 

  • Name and address of the charitable organization that received the business interest.
  • Date of the contribution.
  • Detailed description of the closely held business interest. 

Additional requirements, based on the value of the claimed deduction, include the following. For donations of: 

  • $250 or more, the taxpayer must obtain a contemporaneous written acknowledgementof the contribution from the charitable organization. They need to have that document on or before the earlier of the date on which they file a return for the taxable year in which they made the contribution, or the due date, including extensions, for filing such return.
  • More than $500 but not over $5,000, the taxpayer must also complete Form 8283, Noncash Charitable Contributions, Section A, and attach it to their tax return.
  • More than $5,000, the taxpayer must obtain a qualified appraisal of the donated property and complete Form 8283, Section B, including the signature(s) of the qualified appraiser(s) and the charity.
  • $500,000 or more, the taxpayer must do all the above and attach a complete copy of the qualified appraisal to their tax return. 

See Publication 561, Determining the Value of Donated Property, for requirements of a qualified appraisal. 

Court decisions 

As the IRS works to increase compliance activity involving high-income and high-wealth taxpayers as well as complex partnerships and corporations, abusive schemes with invalid or unacceptable donations of LLC units, as well as other questionable transactions, are on the agency’s radar. 

The IRS has multiple active abusive promoter investigations underway and continues to audit donations of closely held businesses. 

Examples of criminal convictions involving promoters of these schemes and their clients include: 

Example of a civil injunction prohibiting the promotion of these schemes: 

How to report tax schemes 

Taxpayers can report abusive tax schemes using: 

More information 

 

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