taxpayer

Tax Return Due Dates Change in 2017

by Nicole Oeltjen

Tax Senior at Atchley & Associates, LLP

Federal due dates for the 2016 tax returns are changing for the 2017 filing season. Don’t worry, your individual income tax return is still due April 15th and the extended due date is still on October 15th. Changes were made to business returns and other tax forms.

The new due dates apply to tax years beginning after December 31, 2015. This also applies to a business that that may have a short year return during 2016. For business that have a fiscal year end other than a calendar year end the due dates may differ slightly.

New federal due dates for a calendar year taxpayer are below:

Form                             Type                                                Due Date             Extended Due Date


1065                                 Partnership                                    March 15               September 15

1120S                               S corporation                                March 15               September 15

1040                                 Individual                                        April 15                  October 15

1041                                 Trust & Estate                                 April 15                 September 30

1120                                 C corporation                                April 15                 September 15

FinCEN Form 114        Foreign Accounts                         April 15                  October 15

990 & 990T                    Tax Exempt                                     May 15                  November 15

5500                                 Employee Benefit Plans             July 31                   October 15

 

States that have income filing requirements will be working to enact legislation to change their due dates to coincide with the federal deadlines for 2017.

 

Why the change?

Over the years more and more businesses were formed as a flow through entity-such as a partnership or S corporation-rather than a C corporation due to the tax implications. As tax law and the complexities of a partnership structure increased, additional time was needed in order for information to be gathered, prepared, and properly reviewed before filing a business tax return. Individual taxpayers were finding it difficult to file on time due to receiving a late Schedule K-1. A Schedule K-1 is the form one receives as being a partner or shareholder of a business structured as a flow through entity. The AICPA, tax professionals and business owners voiced their concerns and opinions and advocated for a change in the federal due dates. Congress passed the new legislation in 2015 to take effect for the 2017 filing season.

To deduct business losses, you may have to prove “material participation”

You can only deduct losses from an S corporation, partnership or LLC if you “materially participate” in the business. If you don’t, your losses are generally “passive” and can only be used to offset income from other passive activities. Any excess passive loss is suspended and must be carried forward to future years.

Material participation is determined based on the time you spend in a business activity. For most business owners, the issue rarely arises — you probably spend more than 40 hours working on your enterprise. However, there are situations when the IRS questions participation.

Several tests

To materially participate, you must spend time on an activity on a regular, continuous and substantial basis.

You must also generally meet one of the tests for material participation. For example, a taxpayer must:

  1. Work 500 hours or more during the year in the activity,
  2. Participate in the activity for more than 100 hours during the year, with no one else working more than the taxpayer, or
  3. Materially participate in the activity for any five taxable years during the 10 tax years immediately preceding the taxable year. This can apply to a business owner in the early years of retirement.

There are other situations in which you can qualify for material participation. For example, you can qualify if the business is a personal service activity (such as medicine or law). There are also situations, such as rental businesses, where it is more difficult to claim material participation. In those trades or businesses, you must work more hours and meet additional tests.

Proving your involvement

In some cases, a taxpayer does materially participate, but can’t prove it to the IRS. That’s where good recordkeeping comes in. A good, contemporaneous diary or log can forestall an IRS challenge. Log visits to customers or vendors and trips to sites and banks, as well as time spent doing Internet research. Indicate the time spent. If you’re audited, it will generally occur several years from now. Without good records, you’ll have trouble remembering everything you did.

Passive activity losses are a complicated area of the tax code. Consult with your tax adviser for more information on your situation.

© 2016

Tax-Related Identity Theft

Identity theft is a growing problem, and tax-related identity theft in particular continues to increase each year. In 2015, tax-related identity theft continued to hold a high spot on the IRS’s annual “Dirty Dozen” tax scams list.

Tax return identity theft occurs when the taxpayer’s personal information, such as name, Social Security number (SSN), employer identification number, or other identifying information, is used without the taxpayer’s authority to file a fraudulent tax return (usually to claim a fraudulent refund or to obtain tax benefits). This type of identity theft carries serious consequences. It can take victims months just to prove their identity to the IRS, which in turn delays the processing of legitimate refund claims. According to the IRS, individual victims of identity theft “may lose job opportunities, be refused loans, education, housing or transportation, and may even be arrested for crimes they didn’t commit” (IRS Publication 4535, Identity Theft Prevention and Victim Assistance). Businesses may incur significant damage to their reputations, in addition to financial losses and the costs incurred to resolve the issues with numerous agencies.

Scams – Unless you have been in communication with a specific IRS agent regarding a specific matter, the IRS will never contact you via phone or email. Scammers often use these mediums to get personal information or con taxpayers into paying fake taxes/penalties. If the IRS needs to reach a taxpayer they generally do it via U.S. mail. Be suspicious. If you receive a notice that seems suspicious, we recommend that you contact a CPA.

Need help communicating with the IRS because you have been a victim of tax-related identity theft or you have received a suspicious notice? Atchley & Associates LLP may be able to assist you.

See the full article issued by The Tax Adviser on this topic at : http://www.thetaxadviser.com/issues/2015/dec/assisting-clients-with-tax-related-identity-theft.html#sthash.09Lk7sql.dpuf