Tax practice

2009 HSA LIMITS RELEASEDWashington, D.C. — The Internal Revenue Service has published the 2009 inflation-adjusted deduction limits for health savings accounts.

So far, 2008 has not been a year for major tax legislation.Nor, being an election year, are the remaining six months likely to offer major legislation. Two bills that did make it through Congress prior to Memorial Day included tax provisions focused on farmers and alternative energy and on military personnel and veterans. The farm legislation required the override of a presidential veto and included a procedural snafu where one of the non-tax titles of the legislation was not forwarded to President Bush along with the rest of the legislation. Barring any litigation over that issue, the enactment date of the legislation is May 22, 2008.

The state of e-services today can be compared to where e-filing was about five years ago.“If you look back five years, what we were saying about e-filing would sound a lot like what we’re saying about e-services today,” said Roger Harris, president of Padgett Business Services and former chair of the Internal Revenue Service Advisory Council. “As practitioners and the IRS worked together, a lot of problems were solved. And today e-filing is the normal way of doing business. It will be the same with e-services.”

The Internal Revenue Service plans to hold a conference call on July 8 with the six largest audit firms to convince them to do more to help track the use of secret foreign bank accounts for tax evasion.

The Justice Department has filed papers seeking an order from a federal court in Miami, authorizing the Internal Revenue Service to request information from banking and financial concern UBS AG regarding U.S. taxpayers using Swiss bank accounts to evade taxes. The Justice Department is seeking permission to allow the IRS to serve a "John Doe" summons on the bank. In June, former UBS banker Bradley Birkenfeld pleaded guilty to conspiring to defraud the IRS by assisting UBS clients in avoiding U.S. reporting requirements on income in Swiss bank accounts. Birkenfeld admitted to conspiring with an American billionaire real estate developer, Swiss bankers and co-defendant Mario Staggl to help the developer evade paying $7.2 million in taxes by helping him conceal $200 million of assets in Switzerland and Liechtenstein. According to Birkenfeld,, UBS employees assisted wealthy U.S. clients in hiding offshore assets by creating sham entities and then filing IRS forms falsely claiming that the entities were the owners of the accounts. He also claimed that UBS had approximately $20 billion of assets under management in undeclared accounts for U.S. taxpayers. If approved, the summons would mandate UBS to produce records that identify U.S. taxpayers with accounts at UBS in Switzerland who elected to have their accounts remain hidden from the IRS.

The Treasury and Internal Revenue Service have issued Revenue Procedure 2008-35, TD 9409, and Reg. 121698-08, which update the rules regarding disclosure of tax return information by tax return preparers.The new rules provide an exception that allows a U.S. tax return preparer to obtain consent from a taxpayer to disclose a taxpayer's Social Security number to a non-U.S. tax return preparer when: The U.S. preparer makes the disclosure through the use of an "adequate data return safeguard;" the non-U.S. preparer receives the SSN via an "adequate data protection safeguard;" and the U.S. preparer verifies the maintenance of the adequate data protection safeguards in the request for the taxpayer's consent.

The Internal Revenue Service has moved the extended due date for partnership, estate and trust tax returns from Oct. 15 to Sept. 15 to avoid overlapping with the extended deadline for individual taxes.

H&R Block reported that its fiscal 2008 revenues rose 10 percent to $4.4 billion, thanks to growth in its tax services business and the sale of its troubled Option One mortgage unit.

The Senate has confirmed three new members of the Securities and Exchange Commission by unanimous consent, restoring the SEC to its full strength of five members.

A committee of tax experts delivered an annual report to Congress recommending improvements in the IRS's Web and electronic filing services, including one suggestion that would punish tax preparers who don't file individual returns electronically.

A former Internal Revenue Service agent has pleaded guilty to soliciting a $5,000 bribe from a small business he was auditing.

The Commerce Department's Bureau of Economic Analysis reported that tax rebate checks and economic stimulus payments have boosted personal income, disposable income and personal consumption expenditures significantly since April.

The Senate Finance Committee held hearings on reforming international tax rules, looking at the ways the federal government taxes the foreign income of U.S. taxpayers and businesses.

The Internal Revenue Service has reversed itself on the rolling-average method of valuing inventory and will now consider it valid for tax purposes.

A study by Grant Thornton found that only 843 U.S. corporations out of nearly 10,000 took advantage of a one-time dividend deduction that rewarded them for repatriating their foreign profits, giving them deductions totaling $265 billion.

Internet evangelist Bill Keller is challenging an Internal Revenue Service probe of his organization’s tax-exempt status.

The House passed a bill promising relief for another year from the spread of the alternative minimum tax, but the bill already faces opposition from the White House.

The House Ways and Means Select Revenue Measures Subcommittee held hearings on bills that would encourage employers to automatically enroll their employees in individual retirement account plans.

The Internal Revenue Service is trying to cope with rising gas prices by increasing the optional standard mileage rates that taxpayers can use to calculate the deductible costs of operating an automobile.

The Internal Revenue Service has waived some limitations of the low-income housing tax credit in Indiana and Iowa so that owners of facilities in these states can provide housing to victims of recent storms and flooding.