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IRS Resources for Payroll Professionals

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IRS Resources

for

Payroll Professionals

October 16, 2014

Tom Sheaffer

Leading advocate for advancement of payroll professionals

Connects payroll industry with employers and government

Provides the following to payroll professionals:

Education

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Bullet (28 pt.)

Bullet (28 pt.)

Bullet (28 pt.)

Search “Payroll Professional”

IRS.gov

Legislative changes

News releases and announcements

Employment tax procedures

Reminders and tips

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Bullet (28 pt.)

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Payroll Professionals Tax Center

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IRS Video Portal

Bullet (28 pt.)

Bullet (28 pt.)

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Information and links to:

PTIN registration

E-Services

Tax Forums

Ways to stay informed

“Hot Topics”

“for Tax Pros” Page

Conduct business with the IRS electronically

Available only to approved IRS business partners

Available 24/7

Register online

For assistance after registering contact the

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Receive e-file messages affecting e-file transmitters, software developers and authorized IRS e-file providers

Four categories: 1. Alerts

2. Technical

3. General Notifications

4. General IRS e-file Service Center Messages

Stay Informed with QuickAlerts

IRS2Go app

YouTube

Twitter: @IRStaxpros

Tumblr

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@IRSnews – IRS news and guidance for the public, the press and practitioners:

http://twitter.com/irsnews

@IRStaxpros – IRS news and guidance for tax professionals:

http://twitter.com/irstaxpros

@IRSenEspanol – IRS en Español (IRS in Spanish):

http://twitter.com/irsenespanol

Follow IRS on Twitter

Stakeholder Liaison Headquarters’ monthly payroll industry calls

First Thursday of each month

1:00 p.m. Eastern

[email protected]

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IRS e-newsletters and other electronic communications include a icon

Click the icon and share the information on social medic platforms such as:

Facebook

Twitter

Goggle +

And more

Share IRS Electronic

Communications

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How It Works

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Questions?

Social Security Policy Changes

After 8/1/14, SSA will not issue SSN printouts

Social Security offices would continue to provide benefit verification letters until further notice.

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Third Party Payer

September 11, 2014

Tom Sheaffer

Payroll Service Providers (PSPs)

Many employers outsource their payroll and related tax duties, the 3rd party payers will:

Administer payroll and employment taxes

Provide assistance in meeting filing deadlines and deposit requirements

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Common third party arrangements include:

Payroll Service Providers (PSPs)

Reporting Agents

Section 3504 Agents

Professional Employer Organizations (PEOs)

Reminder: Employers are ultimately responsible for the

payment of income tax withheld (employer and employee portions of social security and Medicare taxes). See Fact Sheet 2013-9 Tips for Employers Who Outsource Payroll Duties

Types of Third Party Payers

Electronic Federal Tax Payment System

The EFTPS is:

Mandatory

Secure, accurate and easy to use

Available to be viewed online after enrollment

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Employment Tax Investigations

Can result in:

Prosecutions of individuals and companies, acting under the guise of a third party payroll service.

For more information, visit IRS.gov and type in the key search words “employment tax investigations.”

Liabilities for employers who are ultimately responsible for the payment of income tax withheld (employer and employee portions of social security and Medicare taxes).

Applies to tax years beginning after 12/31/2012

Employers are required to withhold 0.9 percent AdMT on wages or compensation paid to an employee in excess of $200,000 in the calendar year

A new line 5(d) for reporting AdMT withholding was added to Form 941

Additional Medicare Tax

(AdMT) – Employers

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Provides for 0.9 percent AdMT on wages, compensation and self-employment income received above certain threshold amounts

Thresholds amounts based on filing status

Threshold amounts:

Married Filing Jointly: $250,000

Married Filing Separately: $125,000

All others: $200,000

AdMT – Employee

Individuals can’t request withholding specifically for AdMT, but may request additional income tax withholding on Form W-4

Individuals may also need to consider making estimated tax payments

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J and L file a joint return

J has $150,000 in wages and L has $160,000 in wages

Neither one’s wages in excess of $200,000 thus no withholding by their employers

Combined $310,000 in wages is more than the $250,000 threshold for joint filers

J and L are liable to pay additional Medicare Tax on $60,000, or $540

AdMT – Example

Form W-9

Secure correct TIN right from the start

Issue Forms 1099-MISC

IRS CP 2100 or CP 2100A for returns filed with missing or incorrect TINs

Payer may be required to backup withhold for

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Three categories of evidence:

Behavioral control: Instruction, evaluation,

training

Financial control: Investment, method of

payment, ability to make a profit or incur a loss, services available to others

Relationship of the parties: Written contract,

permanency, integral part of business

Independent Contractor or

Employee

Tax court considerations: • Degree of control

• Investment in facilities • Options for profit and loss

Independent Contractor or

Employee

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Originally released 9/21/2011

Eligibility expanded January 2013

Simple application and process

Audit protection for past years

Taxpayer agrees to:

Prospectively treat a class or classes of workers as employees

Small payment required – just over 1 percent of compensation

Voluntary Classification

Settlement Program

Eligible Businesses:

Must have consistently treated workers as nonemployees

Must have filed Forms 1099 for nonemployees for previous three years

Cannot be under examination by IRS

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Zero (or very small) wages paid and significant distributable income

Officer performs significant services

Employment taxes reduced or eliminated

Case study: Watson

Compliance Focus

1120S Officers’ Compensation

Business connection - Reg. §1.62-2(d)

Substantiation - Reg. §1.62-2(e)

Return of excess - §1.62-2(f)

Compliance issues:

Compliance Focus

Accountable Plans

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Individual Taxpayer Identification

Number (ITIN)

IRS issues ITINs to individuals required to have a U.S. taxpayer identification number and are not eligible to obtain an SSN

Effective Jan 1, 2013, the IRS implemented new procedures affecting

Application process

Acceptance Agent Program

ITIN Program Changes

Application Process

Changes impacting individuals:

Applying directly to the IRS, only original identification documentation or copies certified by the issuing agency accepted

Other avenues available for verification of key documents

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ITIN Program Changes

Acceptance Agent Program

Changes impacting Certifying Acceptance Agents:

CAAs allowed to use Form W-7 COA (Form 14194) certifying ITIN application documents reviewed / verified

Attach original or certified documents to COA

New / stronger due diligence requirements

CAAs must be covered under Circular 230

Complete forensic training by 12/31/13

Identity Theft

Stopping identity theft and refund fraud is a top priority for the IRS

Efforts expanded in 2013

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Increased identity theft screening filters

Increased number of identity theft investigations

Nationwide enforcement sweeps

Identity Theft – Fraud Prevention

Two identity theft programs expanded in 2013:

Taxpayer Protection Program

Law Enforcement Assistance Program

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Two identity theft programs expanded in 2013:

Taxpayer Protection Program

Law Enforcement Assistance Program

Identity Theft – Early Detection

Identity Protection Personal Identification Numbers expansion

Victim case resolution

Expanded service options:

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Pervasive Telephone Scams

• Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.

• Scammers may be able to recite the last four digits of a victim’s Social Security Number.

• Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.

• Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.

• Victims hear background noise of other calls being conducted to mimic a call site.

• After threatening victims with jail time or driver’s license revocation, scammers hang up and others soon call back pretending to be from the local police or DMV, and the caller ID supports their claim.

E-Services

Disclosure Authorization and Electronic Account Resolution

Retired on Sept 2, 2013

Former DA users, mail / fax completed Form 2848 or Form 8821 to IRS

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e-services secure mailbox

Transcript Delivery System

Additional E-Services

TIN matching

Income Verification Express Services

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Online Tools & Resources

Online Tools and Resources

Popular online tools used by tax professionals:

Affordable Care Act tax provisions

Information reporting center

Tax Trails / Interactive Tax Assistant

First-Time Homebuyer Credit

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Online Tools and Resources

Popular online tools used by tax professionals:

Where’s My Amended Return?

Online Transcript Orders

Online Payment Agreement

Offer in Compromise Pre-Qualifier Tool

Online Employer Identification Number

Foreign issues

Electronic subscriptions services

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Get Transcript Landing Page

Electronic filing

118.8 million Individual returns electronically filed in calendar year 2012

140.5 million projected for CY2020

Centralized Campus Operations

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Available to all practitioners with valid third party authorizations; services include:

Locating and applying payments

Resolving taxpayer account problems

Explaining IRS communications

Providing procedural guidance

Providing transcripts of taxpayer accounts

Provide Forms 1099 and W-2 information

Securing taxpayer income verification

Practitioner Priority Service

®

E-News for Payroll Professionals

IRS e-newsletters now include a icon at the top right and bottom left of each issue

Click on the icon and bring up more than 300 ways to “bookmark and share” the information

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Payroll Professionals Tax Center

Third Party Reporting Information

Center

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IRS Video Portal

Provides mechanism for raising concerns

IRS policies, practices and procedures

Systemic problems

Issue Management Resolution

System

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What’s New on IRS.gov

Topic Search Word(s)

Electronic Newsletters (payroll providers, small businesses and tax professionals)

e-news subscribe

Multimedia Center (audio, video and text) multimedia center Social Media (iTunes, podcasts, Twitter,

widgets, YouTube and IRS2Go mobile app) *Follow IRS on Twitter @IRSTaxpros

new media

Video Portal

- Your Guide to an IRS Audit

- Virtual Small Business Tax Workshop

www.irsvideos.gov

Basic Tools for Tax Professionals basic tools E-Services – Online Tools for Tax Pros Eservice

Tax Information for Tax Professionals information for tax professionals

Thank you!

[email protected]

803-312-7838

References

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• The following examples represent situations that may be due to identity theft related to the fraudulent use of business information... Business-related