McGladrey Tax Controversy Series Hot Topics in Tax Controversy Resolving Issues. January 26, 2012

Similar documents
Managing the LB&I Examination Process: Using the Quality Examination Process and other Examination processes to your best advantage

Working with the IRS Office of Appeals

NAVIGATING AN IRS EXAM

Working with the IRS Office of Appeals What to Expect in Examination Appeals

Resolving Tax Controversies: An Overview For Counsel Association of Corporate Counsel, 2017 Back to School Symposium August 15, 2017

Choosing Wisely: When to Use (or Not Use) Mediation to Obtain Cost Effective Closure in Exam & Collection Cases

The Audit is Over Now What?

Part 4. Examining Process. Chapter 46. LB&I Examination Process. Section 5. Resolving the Examination Resolving the Examination

IRS Appeals New Faces, New Challenges

IRS REFUNDS DOES YOUR COMPANY HAVE ONE COMING?

Sheldon M. Kay Troy L. Olsen February 20, Current Update on IRS Appeals Division and Other Acronyms, Including AJAC, RAP, ADR and NII

Negotiation and Bargaining Skills GFOA Ernie Almonte CPA, Partner. March, 2015

Fast Track and Appeals. David B. Blair David J. Fischer

IRS PENALTIES. Avoidance and abatement. June 2017

Compliance Assurance Process (CAP) - Frequently Asked Questions (FAQs)

14 Tips To Help Deal With (Or Avoid) The IRS In 2014

Introduction to Appeals. October 2009

JOSEPH ALI Director, Technical Guidance Internal Revenue Service- Appeals Joe Ali is the Director for Appeals Technical Guidance.

What s News in Tax Analysis That Matters from Washington National Tax

25th Annual Health Sciences Tax Conference

HOW THE 1998 TAX ACT AFFECTS YOUR DEALINGS WITH THE IRS APPEALS OFFICE. The IRS Restructuring and Reform Act of 1998.

WRITTEN STATEMENT OF CHASTITY K. WILSON ON BEHALF OF THE THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS BEFORE

Compliance Assurance Process (CAP) Internal Revenue Manual (IRM) Sections

Foreign corporations: Procedures and pitfalls in adopting and changing methods of accounting for purposes of determining E&P

Accounting and Financial Reporting for Pensions A summary of changes and recommended steps

IRS Update: What s Happening Now

New and Notable in IRS Controversy. Brian Paperny AT&T (Moderator) Mario Manniello Verizon Heather Maloy EY Kevin Brown PwC

SECTION 5. SMALL CASE PROCEDURE FOR REQUESTING COMPETENT AUTHORITY ASSISTANCE.01 General.02 Small Case Standards.03 Small Case Filing Procedure

Internal Revenue Service Alternative Dispute Resolution Techniques

LIST OF SUBSTANTIVE CHANGES AND ADDITIONS. PPC s Guide to Dealing with the IRS. Twenty-third Edition (June 2015)

Preparing for the New Pension Standards What to Expect and Best Practices

STATEMENT OF JENNIFER E. BREEN ON BEHALF OF THE AMERICAN BAR ASSOCIATION SECTION OF TAXATION BEFORE THE COMMITTEE ON SMALL BUSINESS OF THE

Tax Executives Institute Detroit Chapter Meeting

Exploring new opportunities in China

Washington National Tax Quarterly Update

ALI-ABA Course of Study Tax Controversy Practice: From Administrative Audit Through Litigation

Overview of Today s Discussion

Family Wealth Services 2013 year-end tax planning considerations for high-net-worth individuals and families

Appeals NOTICE. ALI CLE - Handling a Tax Controversy: Audit, Appeals, Litigation and Collections October 8-9, 2015

LIST OF SUBSTANTIVE CHANGES AND ADDITIONS Route To: Partners PPC's Guide to Dealing with the IRS Managers. Twenty second Edition (June 2014)

IRS Examination Developments for High Tech Firms

Prince William County, Virginia Finance Director s Transition Audit

SEC. 5. SMALL CASE PROCEDURE FOR REQUESTING COMPETENT AUTHORITY ASSISTANCE.01 General.02 Small Case Standards.03 Small Case Filing Procedure

Mark to market accounting

New Tax Laws Relating to IRS Examination of and Tax Collection from Partnerships: Implications for Existing and Future Partnership and LLC Agreements

SHINING AN ESOP LIGHT ON TAX AND ACCOUNTING NEWS. Nov. 15, 2017

IRS Audits and Appeals

DID YOU GET YOUR BADGE SCANNED? UPDATE ON LB&I ENFORCEMENT CAMPAIGNS

McGladrey files comments on new 3.8 percent investment income tax

Evolving IRS Programs to Accelerate Issue Resolution. Douglas O Donnell Assistant Deputy Commissioner, International October 16, 2012

Inside the Compliance Assurance Process (CAP) Program: Is it Right for Your Clients?

Managing Tax Audits and Appeals September 29-30, 2016 Washington, DC

The ICC Launches New Guide for In-House Counsel on Effective Management of International Arbitration

FASB issues revisions to consolidation guidance

Busy Season. all year long. TRI Tax Resolution Institute. where your tax debt is your power!

Table of Contents. EA Exam Part

Changes in IRS Exam and Appeals Procedures (and their impact on R&D Tax Credits)

TABLE OF CONTENTS. .03 Farmers cooperatives. .01 A request made during the course of an examination

Washington Metropolitan Area Transit Authority Board Action/Information Summary

Uncertain tax positions and FIN 48: practical recommendations

Hot Audit Issues: 1. Parallel Audits 2. Reopening Audits 3. IDR Enforcement and Summons

Rev. Proc I.R.B. 678 April 1, 2002

Gleim EA Review Updates to Part Edition, 1st Printing April 2016

Chapter 12 Tax Administration & Tax Planning

NOTICE OF CERTAIN MATERIAL EVENTS AND RELATED MATTERS

Affordable Care Act Key Questions for Employers

Referral Agency and Packaging Agency Agreement

Federal Circuit Affirms FPAA Tolled Statute for Partnership when Losses were Attributable To Another Partnership

Strategies for Settling Tax Disputes

Defending a Federal (IRS) Income Tax or Excise Tax Audit or a State Sales and Use Tax Audit

Collection Due Process Hearing

APPEAL AND INDEPENDENT DISPUTE RESOLUTION PROCESSES

QUARTERLY ACCOUNTING UPDATE WEBCAST WINTER January 18, 2018

Table of Contents. About This Book How To Use This Book Foreword Acknowledgments Preface

Procedures for Protest to New York State and City Tribunals

Responding to Adverse IRS Audit Assessments: Audit Reconsideration Requests, IRS Appeals, and Settlement Strategies

Demystifying the IRS Appeals Process

SEC auditor independence considerations

IRS PUBLICATION 5091 BOND COMPLIANCE PRIMER 2016

Tax-Exempt Governmental Bonds

Session 16 PD, Principle-Based Reserves and Taxation. Moderator: Cindy D. Barnard, FSA, MAAA

Revenue Procedure 97-27

PCI security standards: A high-level overview

2018: TAX OPPORTUNITIES AND CHALLENGES FOR MANUFACTURERS

Field Collection Operations Employment Tax Compliance Efforts & Current Collection Hot Topics

Tax-Exempt Governmental Bonds

Representing the Innocent Spouse in Pre- and Post-Filing Tax Controversies

IRS Policy Changes Impact R&D Credit IRS changes magnify the importance of methodology and documentation

RETIREMENT PLAN INVESTMENT MANAGEMENT AGREEMENT TRINITY PORTFOLIO ADVISORS LLC

RETURN PREPARER PENALTIES UNDER TITLE 26

OPR Discipline What You Need To Know

ACA penalties are coming: Are you at risk? RSM US LLP. All Rights Reserved.

Busy Season. all year long. TRI Tax Resolution Institute. where your tax debt is your power!

IRS Wasn't Wrong to Reject Taxpayer Payment Plan that Didn't Pay Off Liability in Ten Years

N o t i c e . - October 8, Cancel Date: into the CCDM. Subject: Small Business/Self-Employed

Accounting for financial instruments: Overview of FASB s exposure draft on recognition and measurement

IRS CIRCULAR 230 (Eff and modified thereafter)

International Commercial Arbitration Course overview; Intro to arbitration

The Tax Consequences of VW Class Action Settlement Payments to VW Dealers

Customer Due Diligence for Beneficial Owners. Othel Rife Risk Advisory Services Manager RSM US LLP

Transcription:

McGladrey Tax Controversy Series Hot Topics in Tax Controversy Resolving Issues January 26, 2012

Agenda Topic Mins Introduction 5 Pre-Return Opportunities 15 Examination Opportunities 15 Appeals Opportunities 15 Collections Opportunities 10

Today s Presenters Patti Burquest Principal Tax Controversy Services Washington National Tax patti.purquest@mcgladrey.com David Click Director Tax Controversy Services Denver Office David.click@mcgladrey.com

Objectives Participants will gain an understanding of available Alternative Dispute Resolution (ADR) Programs to resolve IRS issues and tax controversies at the prereturn, Examination, Appeals and Collection stages Participants will gain practical insights into the selection and use of various IRS ADR programs Participants will gain an understanding of the use of closing agreements to resolve various compliance issues and manage exposure to penalties Participants will be introduced to the use of ADR processes applicable to Collection disputes

Pre-Return Opportunities

Industry Issue Resolution Announced in Rev. Proc. 2003-36 and updated in Notice 2005-59 Available to resolve frequently disputed or burdensome tax issues that affect a significant number of business taxpayers Businesses, industry associations and other interested parties may submit issues at any time

Industry Issue Resolution Issues are evaluated by LB&I, SB/SE, Appeals, Chief Counsel and Treasury simultaneously. The taxpayer group has input into the description and background of the issue Issues are resolved through published guidance Examples

Compliance Assurance Process (CAP) CAP is a pre-return examination process available to LB&I taxpayers where the IRS examines return issues prior to filing in real time Major potential issues are largely settled before the return is filed Announced as a pilot program in 2005. Now a permanent program with 2 additional components: - Pre-CAP Program: Steps to enter the program - CAP Maintenance: Participants with a CAP track record and fewer complex issues

Live Meeting Poll Polling Question 1 A successful outcome of the Industry Issue Resolution process is: A. A specific matters closing agreement between the IRS and the taxpayer B. The selection of a test case to litigate a particular issue of great importance C. The issuance of published guidance such as a revenue ruling, revenue procedure, announcement or notice Changes directly made to this slide will not be displayed in Live Meeting. Edit this slide by selecting Properties in the Live Meeting Presentation menu.

Pre-Filing Agreements (PFA) A PFA determines the tax treatment of a completed transaction prior to the time the return is filed. A closing agreement is executed by the taxpayer and the IRS. Agreement can be rolled back up to 4 prior years (and can resolve an issue under examination) - Program began in 2001 with the issuance of Rev. Proc. 2001-22. It was updated by Rev. Proc. 2009-14 - An examination is conducted, but it is shorter, more collaborative and less contentious

Pre-Filing Agreement (PFA) (cont.) Average time to complete in 2010 was 385 days Available for domestic and international issues Most common issues include worthless stock/bad debts, research credit, cost segregation studies, disposition or acquisition of a subsidiary On a scale of 1 to 5, taxpayer satisfaction with the program is 4.7 with 4.6 on the likelihood to recommend the program to others Filing fee: currently $40K. In February, increased to $50K

Pre-Filing Agreements (PFA) (cont.) Eligible Taxpayers/Issues - Currently, the program applies to LB&I taxpayers - Taxpayer must apply for the program through LB&I via a written request to a local Team Manager or through the Director, Pre-Filing & Technical Guidance in the National Office - Best issues for a PFA are those that involve a factual determination or an application of well-established legal principles to known facts. Other issues are those involving methodology used to determine an item of income, deduction or credit - Acceptance into the Program may be driven by the complexity of the issue and by the resources of the field office to conduct the examination

Closing Agreements Voluntary Compliance Issues A specific matters closing agreement (Form 906) can be used to document the resolution of issues. It is used for PFAs, Fast Track Settlements (FTS), Accelerated Issue Resolution agreements (AIR), settlements/resolutions under the jurisdiction of Examination, Appeals or Counsel Closing agreements can also be used to resolve compliance issues that have not yet been discovered by the IRS - Unfiled returns (e.g., Form 1120-F, Form 1040-NR, Form 940/941, Form 1041, Form 706, Form 1099, GSTT returns, etc.) - Misfiled returns (e.g., Forms 941 that do not cover all employees or types of compensation.) - Tax exempt bond issues. (TEB VCAP)

Closing Agreements - Voluntary Compliance Issues (cont.) Goals: Reduce or eliminate penalties, gain compliance history Success stories: - Penalty-free and reduced tax GSTT filings - Penalty-free 941 and 1042 compliance - TEFRA partnership adjustments - Penalty-free Form 1120-F filings Tax controversy representation recommended

Examination Opportunities

Delegation Orders 4-24 and 4-25 Permit settlement of issues by Examination that are based on hazards of litigation Delegation Order 4-24 allows settlement consistent with Appeals settlement of the issue in prior examination cycles of the same taxpayer - Underlying issue must have been settled by Appeals independently of other issues (e.g., no trading of issues) and legal authorities relating to issue are unchanged Delegation Order 4-25 allows settlement consistent with Appeals settlement position - Requires pre-approval by the issue Technical Advisor and the Appeals Technical Guidance coordinator

Live Meeting Poll Polling Question 2 Delegation Order 4-24 allows Examination to settle an issue in the current cycle on the same terms as a hazards of litigation based settlement of the issue by Appeals in a prior cycle. A. True B. False Changes directly made to this slide will not be displayed in Live Meeting. Edit this slide by selecting Properties in the Live Meeting Presentation menu.

Early Referral to Appeals (Rev. Proc. 99-28) Allows for an issue or issues to be resolved by Appeals while the remaining issues in the case are undergoing examination Applies to developed unagreed issues in an open audit (pre-30 day letter) Remaining issues are not expected to be completed before Appeals resolves the early referral issue(s) If no agreement, taxpayer can request mediation or will be issued a statutory notice of deficiency. (No reconsideration of the Early Referral issue by Appeals, if remaining issues are protested to Appeals after the 30 day letter.)

Fast Track Settlement (FTS) Rev. Proc. 2003-40, Ann. 2006-61 A non-binding procedure using a neutral party, trained in mediation techniques, to assist the taxpayer and Exam to come to a negotiated settlement of issues Exam Team Manager must consider FTS when there are unagreed issues which cannot be resolved. (Opening conference and mid-cycle case review) Applicable to pre-30 day letter LB&I and SB/SE issues for which Form 5701 (Notice of Proposed Adjustment) has been issued

Fast Track Settlement (cont.) Benefits of FTS: A prompt settlement of an issue (or issues) based on hazards of litigation No LCU ( hot ) interest on agreed tax liability Settlement generally takes place at a one-day session within 120 days (LB&I cases) or 60 days (SB/SE cases) of the acceptance into the program Taxpayer may withdraw from the process at any time Taxpayer may then take its case to Appeals under the normal process

Fast Track Settlement (cont.) Important considerations: Examination may involve Counsel and Technical Guidance coordinators in the Fast Track session You should prepare for the Fast Track almost like a trial or hearing (Include witnesses, factual evidence and technical experts) Certain issues are excluded from Fast Track While Examination must consider Fast Track, the team may not be supportive of a settlement The case is still in Examination s jurisdiction and if the FTS Appeals official believes the case requires further development, the case can be sent back to Exam Although the process is nonbinding, and the taxpayer can withdraw from the process at any time, the Fast Track session may allow Examination an opportunity to shore up weak areas in the case before issuing the 30 day letter

Live Meeting Poll Polliing Question 3 Which of the following statements about the IRS Fast Track Settlement (FTS) Program is false? A. The program is part of the IRS Examination process. B. Settlements are limited to IRS concessions of 25 percent or less. C. An Appeals officer works with the taxpayer and Exam in a one-day session to negotiate a settlement of issues. D. The FTS process is non-binding and taxpayer can withdraw at any time and then go to regular IRS Appeals. Changes directly made to this slide will not be displayed in Live Meeting. Edit this slide by selecting Properties in the Live Meeting Presentation menu.

Accelerated Issue Resolution (AIR) Rev. Proc. 94-67 Agreement applicable to CIC taxpayers to extend resolution of Examination issue to filed tax returns for later years May be requested by taxpayer for the same or similar issues resolved by Examination Resolved using specific matters closing agreement (AIR Agreement) Certain issues are excluded or require approval of other offices/functions

Appeals Opportunities

Telescoping Adjustments Typical fact pattern: multiple years under Appeals jurisdiction. Issues resolved by telescoping all adjustments into one year. Potential benefits - Fewer amended state returns - Lower interest costs - Lower penalties Important considerations: - Selection of year for interest - Selection of year for penalties - Review transcripts

Mediation (Rev. Proc. 2009-44) A non-binding process for cases that are unagreed after Appeals consideration. An objective and neutral third party (Appeals officer) will assist the taxpayer and the initial Appeals officer to negotiate a settlement. Decision making authority remains with the taxpayer and Appeals. - Appeals officers, trained in mediation techniques, act as mediators to assist in obtaining a negotiated settlement - Co-mediation is also available - The mediator acts as a facilitator for settlement negotiations. He/she will define issues, find areas of agreement, and promote settlement discussions. - The mediator cannot determine a settlement (as in Fast Track), but must assist the parties in their negotiations

Mediation (cont.) Requesting Mediation - Written request pursuant to the Appeals Team Manager with copies to the Appeals Area Director and to the Chief of Appeals - The request should include identifying information and a description of the issue(s) to be mediated including the dollar amount at issue - Chief of Appeals office will set up a conference call to discuss the case and location issues. Input into Appeals mediator selection - Must identify the decision maker who will attend the session

Mediation (cont.) Ex parte rules are strictly enforced. (Neither side may speak with the mediator without the other party present.) Each party submits a discussion summary of the issues, including the party s arguments in favor of that party s position. (Generally submitted a few weeks before the session.) The mediation process is confidential and the discussions with each party (at the session) may not be disclosed

Mediation (cont.) Either party may withdraw from the process at any time before reaching a settlement of the issue(s) If agreement is reached, it is documented via a Form 906 closing agreement If no agreement is reached: arbitration or litigation

Live Meeting Poll Polling Question 4 Before negotiating a settlement which may include the telescoping of issues, it is advisable to obtain an IRS transcript of the taxpayer s account. A. True B. False Changes directly made to this slide will not be displayed in Live Meeting. Edit this slide by selecting Properties in the Live Meeting Presentation menu.

Collection Opportunities

Fast Track Mediation - IRS Publication 4167 Applies to SB/SE taxpayers to resolve disputes from examinations, offers in compromise, trust fund recovery penalties and other Collection actions Appeals mediator, taxpayer and IRS representative discuss resolution options and resolve matter Excluded issues/matters: - Docketed cases (Tax Court or other Courts) - Campus and Automated Collection System (ACS) cases - Collection Appeals Program cases - Issues with no legal precedent - Issues with split authority (between jurisdictions)

Live Meeting Poll Polling Question Which tax controversy topic would you most like to see covered in a future webinar? A. IRS Collection matters B. Offers in Compromise C. Small Business/Self Employed (SB/SE) examinations D. Wage & Investment (W&I) examinations E. Penalties and abatements F. Interest Changes directly made to this slide will not be displayed in Live Meeting. Edit this slide by selecting Properties in the Live Meeting Presentation menu.

Today s Presenters Patti Burquest Principal Tax Controversy Services Washington National Tax patti.purquest@mcgladrey.com David Click Director Tax Controversy Services Denver Office David.click@mcgladrey.com

Disclaimer The information contained herein is general in nature and based on authorities that are subject to change. McGladrey & Pullen, LLP guarantees neither the accuracy nor completeness of any information and is not responsible for any errors or omissions, or for results obtained by others as a result of reliance upon such information. McGladrey & Pullen, LLP assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect information contained herein. This publication does not, and is not intended to, provide legal, tax or accounting advice, and readers should consult their tax advisors concerning the application of tax laws to their particular situations. Circular 230 Disclosure This analysis is not tax advice and is not intended or written to be used, and cannot be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer. McGladrey is the brand under which McGladrey & Pullen, LLP serves clients business needs. McGladrey & Pullen, LLP is the U.S. member of the RSM International ( RSMI ) network of independent accounting, tax and consulting firms. The member firms of RSMI collaborate to provide services to global clients, but are separate and distinct legal entities which cannot obligate each other. Each member firm is responsible only for its own acts and omissions, and not those of any other party. McGladrey, the McGladrey signatures, The McGladrey Classic logo, The power of being understood, Power comes from being understood and Experience the power of being understood are trademarks of McGladrey & Pullen, LLP. 2012 McGladrey & Pullen, LLP. All Rights Reserved. McGladrey & Pullen, LLP 1501 M Street NW, Suite 340 Washington, DC 20005 202-370-8200 www.mcgladrey.com