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Articles and Tax Tips

The American Taxpayer Relief Act of 2012 was signed into law on January 2, 2013. As many of you know the backup withholding rate was scheduled to increase from 28% to 31% on Jan. 1, 2013 if Congress did not act to keep the income tax rates at the levels they have been since 2001. So what happened to the 28% rate? Here is what you need to know...

 

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Though the IRS has long allowed the creation of and filing of substitute forms 1099 there are a number of problem areas that can trap the unwary filer. As such, here are two problems posed by IRS guidance that can be less than a model of clarity; and what you should do in response.

 

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Record retention is an important part of your due dilligence compliance requirements vis a vis Federal and U.S. State law. Therefore, we have a special suggestion when it comes to deciding when it is appropriate to dispose of past payee documentation.

 

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Nexus is a legal term of art that describes the connection you have with a specific state, such that you are subject to those state tax reporting requirements. Determining nexus is a highly fact and circumstance dependent exercise. What follows are some of the elements you should consider in determining whether or not you have nexus with a particular state:

 

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Everyone knows that payments made to U.S. incorporated legal service providers are for the most part reportable on the Form 1099-MISC. However, do the Form 1099-MISC exceptions to reporting legal service providers hold true when the legal service provider is a Non-U.S. Person?

 

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You have a payee and during the year they decide to reorganize; for example from an LLC to a Corporation or even vice versa. Do you know what compliance steps you need to take in response prior to the onset of filing season? 

 

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Gathering documentation is critical to your compliance policy; especially when it comes to differentiating between the U.S. Person and a Non-Resident Alien. Let's review the basic steps in determining tax residency and the key question of payment sourcing in order to establish exactly how you should report a particular payment and payee.

 

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On October 24, 2012 the IRS, via Announcement 2012-42 postponed the full implementation of information reporting rules required by The Foreign Account Tax Compliance Act (FATCA). Though many will welcome this decision it still fails to answer important questions about FATCA. 

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You hire a group of non-US payees that performed their US event, then practiced for their foreign event in the US.  Is the practice for the foreign event US source income or non-US source income?

 

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Recently the IRS sent out its Forms 972-CG – the dreaded Proposed Penalty Notice. As such, the unfortunate recipients of these notices have been readying their excuses as to why the proposed penalty should be waived. Let's see how one top excuse actually stacks up in terms of its effectiveness...

 

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