Season's Greetings from the Beverly & Bucker Team!
We hope that everyone meets this season with good health. This year has been a tough one, but we are so thankful for our wonder clients and staff who came together during this difficult time. As a company, we are continually surprised by the empathy and kindness our clients display. In light of this, we would like to give a special thank you to our friends who brought in gifts or have sent us cards this year. We greatly appreciate your support.
Our letter has gone digital! We hope that by now you have received our holiday letter stating that our letter will be available on our website (beverlytax.com) or on our Facebook page.
This year, like last year, has posed some unique challenges. We realize that there may be a number of financial changes for you and your family this year depending on how you were affected by the pandemic so we may need information that you have not had to provide in years prior. We have provided a list below of possible information and/or documents we will need in order to prepare your 2021 Tax Return.
The IRS has yet to announce an official start date to the 2022 tax season, but it typically begins accepting tax returns by the end of January. Here’s what you need to know and how you can prepare for the changes.
Child Tax Credit Payments:
There were several tax law changes in 2021 which will affect most Americans this coming tax season. The expanded child tax credit payments could impact many families’ tax refunds, and for the nearly 90% of Americans who claim the standard deduction, they will see a small but positive change.
In 2021, the IRS sent the child tax credit as monthly payments to qualifying families. The maximum child tax credit for 2021 is up to $3,600 for children under the age of 6 and up to $3,000 for children ages 6-17. From July to December, qualified families received up to 50% of their child tax credit as monthly payments. Depending on the amount of your monthly child tax credit payments received in 2021, you may receive a bigger tax refund, get a smaller refund than expected, or even owe additional taxes if you received more than you were qualified for. If you received monthly child tax credit payments, you must report the amount on your 2021 tax return. You should receive a form in the mail titled Letter 6419, which will state the total amount of child tax credit payments you received. Please bring this form to your appointment or include it with your tax documents if you drop off.
The IRS recommends that you compare this amount with the total child tax credit you’re entitled. You can check the information here: https://www.irs.gov/newsroom
If the total child tax credit you qualify for exceeds how much you have already received through your advance child tax credit payments, you can claim the remaining amount on your 2021 tax return. If you received more than you qualify for, you will need to repay some or all of the excess payments back to the IRS when filing taxes.
Here are some reasons why you may have received more than what you qualified for in 2021:
Your qualifying child now lives with another parent
Your income or filing status changed
You no longer reside in the United States for more than half of 2021
Use our calculator to estimate your total child tax credit.
If you opted out of receiving monthly payments in 2021, you could claim the full lump sum on your 2021 tax return. Please inform your tax preparer if you opted out of receiving monthly payments during your appointment or include this information with your tax documents if you drop off.
Third Stimulus Check:
You may have qualified for a third round of Economic Impact Payments (also known as Stimulus). This payment would have been received in the mail or by direct deposit to your bank account in Spring 2021. Please include the amount received in the third round of stimulus with your tax documents.
If you did not receive a third stimulus check, you may qualify for the Recovery Rebate Tax Credit. This is the case if you qualified for the third economic impact payment and have not received it or if you received only a partial payment (less than the full stimulus payment amount of $1,400). You will receive a Letter 6475 in the mail from the IRS in early 2022 showing the amount of your third stimulus payment. If you do not receive this letter, you can also view the amount by logging into or creating an IRS.gov online account. Please inform your tax preparer if you did not receive a third stimulus check but qualified or received less than you qualified for.
In order to claim the Recovery Rebate Tax Credit, you must file a 2021 tax return, even if you are not typically required to do so. In general, if you earn over the following income amounts and aren’t claimed as a dependent, you should file a return for the 2021 tax year. The tax filing requirement is as follows:
Single and married filing separately - $12,550
Married filing jointly - $25,100
Head of household - $18,800
Charitable Contributions:
Normally, you must itemize to deduct charitable contributions. But for 2021, you can deduct up to $300 for cash donations to qualifying charities (up to $600 combined for married filers) whether you itemize or take the standard deduction for 2021.
And there’s a bonus for generous charitable givers who itemize. Those who claim charitable contributions as itemized deductions can claim cash contributions made to qualifying organizations up to 100% of their adjusted gross income (AGI) for the 2021 tax year only. Generally, the deduction is limited to 60% of the taxpayer’s AGI.
It is important to remember that the temporary increase of 100% isn’t automatic. Taxpayers must opt for increased limitations by making the election on their federal tax return for 2021. Otherwise, the usual limitation of up to 60% applies. Your tax preparer will make recommendations to insure you received the maximum benefit from this change.
Appointments:
As far as appointments go, the 2020 Tax Season will more than likely look very similar to last year. Beverly & Bucker will continue to do our part to minimize face-to-face interactions as much as possible in order to keep our staff and clients safe while we wait for a vaccine to be nationally available. These are unique circumstances. However, our team will implement the knowledge we have gained from the prior tax year in order to provide you with the same level of service you have come to expect from us.
To keep our staff and clients safe, we ask that any clients who do not require a face-to-face appointment to please Drop Off your Tax Documents with our front desk staff. The Tax Return will be prepared in your absence and our staff will contact you when it has been completed. Many of our clients find that this is a faster, more stress-free method. If you are dropping off your Tax Return but would still like to discuss your concerns with a Tax Preparer, a Phone Appointment option is now available! To schedule a Phone Appointment, please contact our office or select the Phone Appointment option on our website. Due to IRS guidelines, we are not able to use online phone call platforms such as Zoom, FaceTime, Google Chats, or Signal. These third-party calling platforms do not provide the level of security required for discussing sensitive personal information.
For our clients who necessitate a face-to-face appointment, please schedule either through our website or by phone. This does not guarantee that we will be able to meet in person. As stated before, we are required to adhere to state and federal Covid-19 guidelines. What we can guarantee is that as soon as we know there is a change in protocol, we will inform our clients and work hard to accommodate your needs. A mask is required to be worn during the appointment. Our front desk staff will have extras available. For clients who are able to Drop Off Tax Documents, we would like to make sure you are aware of our variety of Drop Off methods.
As always, Tax Documents can be mailed to our office, dropped off with our staff during our office hours, or dropped off after hours via the mail slot beside our front door. But with these challenging times, we wanted to make sure our clients know how to use our Contact-Free method. Did you know we can accept Drop Offs virtually? Please do not email sensitive documents to our office or submit them via Facebook. These are not secure options to submit sensitive information. If you would like to virtually submit your documents, please contact our office via phone or email to request a link to our secure, Document Sharing Portal. Upon request, a link will be sent to you via email. This link will be randomly generated and, for your security, should not be shared. Once you have received the link, you will be able to upload your documents to our secure portal, at which point our staff will be notified and will be able to view your documents to prepare your Tax Return. If you have any questions concerning our Contact-Free Drop Off method, please let us know.
No matter how you Drop Off this year, please include your Name, Phone Number, Address, and a list of any changes in family structure such as Marriage or changes in the number of Dependents. If you have questions concerning what documents should be included when dropping off, our staff will be more than happy to help.
Client Organizers:
Client Organizers will soon be available! These are helpful tools that list what documents we will require to prepare your Tax Return. Client Organizers are based off of the information you provided to our office for the prior Tax Year, so they will not include any information that has changed since we last saw you. If you are new to our office this year, Welcome! We have blank Client Organizers available for you. While they will not have a list of documents that you have used for prior Tax Returns, they will have a summation of documents you may need to bring in depending on your needs. If you would like a Client Organizer, please contact our office via phone or email. Blank Client Organizers are also available on our website.
I would like to, once again, thank our amazing clients. Our team is excited help navigate this unprecedented tax year. We hope everyone has a great New Year and we look forward to working together in 2021!
Ryan Beverly E.A.
The IRS has reminded taxpayers who are earning income from selling goods and/or providing services that they may receive Form 1099-K, Payment Card and Third-Party Network Transactions, for payment card transactions and third-party payment network transactions of more than $600 for the year.
The IRS has reminded taxpayers who are earning income from selling goods and/or providing services that they may receive Form 1099-K, Payment Card and Third-Party Network Transactions, for payment card transactions and third-party payment network transactions of more than $600 for the year. Before 2022, Form 1099-K was issued for third party payment network transactions only if the total number of transactions exceeded 200 for the year and the aggregate amount of these transactions exceeded $20,000. However, now, a single transaction exceeding $600 can trigger a 1099-K The Service emphasized that money received through third-party payment applications from friends and relatives as personal gifts or reimbursements for personal expenses is not taxable. Taxpayers can access Form 1099-K, its instructions and a set of answers to frequently asked questions on the IRS web site.
In addition, the Service reminded taxpayers that they must pay income tax either through withholding or estimated tax payments. Taxpayers should use estimated tax payments to pay other taxes such as self-employment tax and the alternative minimum tax. IRS Publication 17, Your Federal Income Tax (for Individuals), provides general rules to help taxpayers pay the income taxes they owe. Additional helpful information is available in Chapter 5, Business Income, of Publication 334, Tax Guide for Small Business; Publication 525, Taxable and Nontaxable Income, and on the IRS website at Understanding Your Form 1099-K.
Many taxpayers may be surprised in early 2023 when they receive a Form 1099-K, Payment Card and Third-Party Network Transactions, to report income earned in the “gig economy” or in sales of goods and services through certain internet sites. The number of taxpayers receiving the forms is expected to skyrocket because the threshold for reporting payments made through third-party processors has plummeted.
Many taxpayers may be surprised in early 2023 when they receive a Form 1099-K, Payment Card and Third-Party Network Transactions, to report income earned in the “gig economy” or in sales of goods and services through certain internet sites. The number of taxpayers receiving the forms is expected to skyrocket because the threshold for reporting payments made through third-party processors has plummeted.
Before 2022, reporting was required only when a third-party settlement organization (TPSO) made more than 200 payments to a payee that totaled more than $20,000 for the year. However, beginning in 2022, a TPSO must report a payee’s payments once they total $600, regardless of their number.
The IRS recently updated its Form 1099-K Frequently Asked Questions (FAQs) to help taxpayers understand who files the form, who receives it, and what it means. The updated FAQs are divided into five sections.
1. General
The General section of the FAQs explains that the IRS will also use Forms 1099-K for systemic computer matching to tax returns to identify potential unreported income. The agency will also use the information to develop taxpayer education and outreach efforts, as well as new approaches to audits and collection.
2. Definition
The second section of the FAQs defines several relevant terms, including:
- Payment cards (credit cards, debit cards, gift cards, etc.)
- Merchant category code
- Third-party settlement organization (TPSO)
- Merchant acquiring entity
- Participating payee
- Gross amount of reportable transactions.
3. Individuals
The third section of the FAQs explains who will receive a Form 1099-K and who will not. An individual who receives a form should use the information to compute gross sales and receipts, and correctly calculate gross income.
An individual who has questions about the form, believes it was issued in error, or believes it includes incorrect information should generally contact the form’s issuer. The individual may also contact the payment settlement entity (PSE) whose name and phone number appear on the form.
4. Reporting
The reporting section of the FAQs explains due dates for filing Form 1099-K with the IRS and providing a copy to the payee. This section also reiterates that the form must report the gross amount of the payee’s reportable transactions, with no adjustments for fees, refunds, and other adjustments.
5. Filing Form 1099-K
Finally, the last section of the FAQs explains which party is responsible for filing which forms. For example, a merchant acquiring entity is responsible for filing some Forms 1099-K, while a third-party settlement organization is responsible for filing others.
Reportable payments include payments to a government unit or a foreign payee. However, they do not include payments that are reportable under Code provisions other than Code Sec. 6050W.
Beginning with their 2021 tax years, partnerships with "items of international tax relevance" must file Schedule K-2, Partners’ Distributive Share Items—International, and Schedule K-3, Partner’s Share of Income, Deductions, Credits, etc.—International.
Draft partnership instructions for the 2022 Schedules K-2 and K-3 (Form 1065) and partner’s instructions for the 2022 Schedule K-3 were released October 25. The instructions add a “domestic filing exception” for a partnership that meets all four of the following requirements for its 2022 tax year:
- The partnership has:
- no foreign activity, defined as foreign income taxes paid or accrued, foreign source income or loss, or an ownership interest in a foreign partnership, corporation, foreign branch, or foreign disregarded entity, or
- foreign activity that is limited to passive category foreign income generating no more than $300 of taxes subject to the foreign tax credit (and shown on a payee statement);
- All of the partners are U.S. citizens or resident aliens, domestic decedent’s estates with only U.S.-citizen or resident-alien beneficiaries, domestic grantor trusts with only U.S.-citizen or resident-alien grantors and beneficiaries, or domestic non-grantor trusts with only U.S.-citizen resident-alien beneficiaries;
- The partners receive a notification from the partnership electronically or by mail, dated no later than two months before the due date of the partnership’s return, that the partners will not receive Schedules K-3 unless they request them; and
- The partnership does not receive a request from any partner for Schedule K-3 at least one month before the due date of the return (that is, a calendar-year partnership does not receive any requests by February 15, 2023).
A partnership that receives a timely request from a partner for a Schedule K-3 does not qualify for the domestic filing exception and must file Schedules K-2 and K-3 with the IRS and provide Schedule K-3 to the requesting partner. However, the partnership only needs to complete the parts of Schedules K-2 and K-3 that are relevant to that partner.
If a partnership receives a request from a partner for a Schedule K-3 after the one-month date but no requests by that due date, the partnership only needs to provide Schedule K-3 to the requesting partner by the date on which the partnership files its return or one month after it receives the request, whichever is later.
The draft instructions note that if a partnership fails the domestic filing exception test, it may still qualify for an exception to the filing requirement if all of its partners are eligible for the exemption from filing Form 1116.
A regularly updated IRS FAQ sheet on Schedules K-2 and K-3 states that "comments on the draft instructions can be provided to lbi.passthrough.international.form.changes@irs.gov on or before November 8, 2022."
The draft instructions also add guidance on when a domestic partnership with only domestic activity needs to file Schedules K-2 and K-3, on reporting capital gains and losses and foreign tax redeterminations, and on reporting income inclusions required by 2022 regulations that apply aggregate treatment to domestic partnerships in some situations.
Draft instructions for S corporations’ 2022 Schedules K-2 and K-3 have not been issued yet.
The Tax Court set aside Notice 2017-10, 2017-4 I.R.B. 544, while adjudicating a series of consolidated cases involving limited liability companies (LLCs) and conservation easements, because it was improperly issued by the IRS without meeting the notice and comment requirements under the Administrative Procedure Act (APA).
The Tax Court set aside Notice 2017-10, 2017-4 I.R.B. 544, while adjudicating a series of consolidated cases involving limited liability companies (LLCs) and conservation easements, because it was improperly issued by the IRS without meeting the notice and comment requirements under the Administrative Procedure Act (APA). Notice 2017-10 identified as listed transactions for purposes of Reg. §1.6011-4(b)(2) all syndicated conservation easement transactions, including all substantially similar transaction, entered into on or after January 1, 2010. The IRS had conducted examinations of the taxpayers’ Forms 1065, U.S. Return of Partnership Income, and disallowed the claimed deductions for noncash charitable contributions. In addition, each notice of final partnership administrative adjustment asserted a gross valuation misstatement penalty, a substantial valuation misstatement penalty, a negligence penalty, a substantial understatement penalty and an additional reportable transaction penalty.
The Tax Court held that Notice 2017-10 was a legislative rule because it created new substantive reporting obligations for taxpayers and material advisors, the violation of which prompted exposure to financial penalties and sanctions. Because the notice was a legislative rule, it should have gone through the notice-and-comment rulemaking under the APA. Moreover, Congress did not expressly authorize the IRS to identify a syndicated conservation easement transaction as a listed transaction without following the APA’s notice-and-comment procedures. In these consolidated cases, Notice 2017-10 was not issued until the tax year at issue. Accordingly, the court did not apply Notice 2017-10 retrospectively and disagreed that prior notice and comment made at the time of promulgation of Reg. §1.6011-4 satisfied the IRS’s ongoing obligation to comply with the APA when issuing Notice 2017-10. The Tax Court also concluded that the Congress had made it clear that each substantive rule of general applicability, including any amendment or revision, must comply with the APA. Consequently, the taxpayers’ cross-motions for summary judgment was granted in part, and Notice 2017-10 was set aside. Finally, Code Sec. 6662A penalties were not imposed with respect to reportable transactions.
Four concurring and two dissenting opinions were filed. The dissenting opinions focused on the express reference to Code Sec. 6011 in Code Sec. 6707A when it was enacted, and that the IRS had already identified 30 listed transactions by 2004 when Code Sec. 6707A was enacted without adherence to the APA's notice-and-comment requirements. In addition, when Code Sec. 4965 was enacted in 2006, the conference report defined a listed transaction as a tax avoidance transaction "identified by notice, regulation, or other form of published guidance as a listed transaction."
The Department of the Treasury outlined how the Inflation Reduction Act’s tax incentives will support the building of an equitable clean energy economy.
The Department of the Treasury outlined how the Inflation Reduction Act’s tax incentives will support the building of an equitable clean energy economy.
In a fact sheet issued October 26, 2022, the Treasury Department highlighted four key areas the tax policy built on the Inflation Reduction Act will drive clean energy:
- the IRA will provide targeted incentives to drive investment and create opportunity in communities across the country;
- the IRA will encourage clean energy project developers to meet strong labor standards, so that the benefits of building a clean energy economy are felt by workers making it happen;
- the IRA will lower the costs of energy-saving property improvements and rooftop solar installation, saving working families and small businesses money on their monthly utility bills and empowering families and businesses to shield themselves from volatile fossil energy prices; and
- The IRA allows state, local, and Tribal governments, as well as non-profit organizations and other tax-exempt entities, such as rural electric co-operatives, to receive certain tax credits as payments, expanding the range of actors that will have a direct incentive to invest in their communities.
According to the fact sheet, the law will "provide bonuses for investing in low-income communities, as well as in communities that have historically depended on the energy sector for jobs and economic activity."
To help incentivize this, the IRA modifies and extends the clean energy Investment Tax Credit "to provide a 30 percent credit for qualifying investments in wind, solar, energy storage, and other renewable energy projects that meet prevailing wage standards and employ a sufficient portion of qualified apprentices from registered apprenticeship programs."
It also modifies and extends the Renewable Energy Production Tax Credit "to provide a credit of 2.5 cents per kilowatt-hour in 2021 dollars (adjusted for inflation annually) of electricity generated from qualified renewable energy sources."
Other tax credits extended and/or expanded include the Energy Efficient Home Improvement Credit, the Residential Clean Energy Credit, and the Energy Efficient Commercial Buildings Deduction.
These incentives were discussed as part of an October 26, 2022, virtual roundtable hosted by Treasury Secretary Janet Yellen, during which she "emphasized that the Inflation Reduction Act provides long-term clarity and certainty for the clean energy sector, and underscored Treasury’s commitment to work expeditiously to provide guidance so that investments can move forward and our climate and economy can realize the benefits of the law as quickly as possible."
The IRS-Criminal Investigation (IRS-CI) has released its Fiscal Year 2022 Annual Report. The report details statistics, important partnerships and significant criminal enforcement actions from IRS-CI, the criminal investigative arm of the IRS, for the past fiscal year, which began October 1, 2021 and ended September 30, 2022. Over 2,550 criminal investigations, the identification of more than $31 billion from tax fraud and financial crimes, and a 90.6 percent conviction rate are just a few highlights of the report.
The IRS-Criminal Investigation (IRS-CI) has released its Fiscal Year 2022 Annual Report. The report details statistics, important partnerships and significant criminal enforcement actions from IRS-CI, the criminal investigative arm of the IRS, for the past fiscal year, which began October 1, 2021 and ended September 30, 2022. Over 2,550 criminal investigations, the identification of more than $31 billion from tax fraud and financial crimes, and a 90.6 percent conviction rate are just a few highlights of the report.
In fiscal year 2022, IRS-CI expanded partnerships with foreign counterparts to help combat tax and financial crimes on a global level. IRS-CI special agents delivered trainings in countries like Argentina, Germany, Colombia, and Palau on topics ranging from cybercrime to human trafficking. IRS-CI Mexico City, after changes to Mexico law that enabled the extradition of tax fugitives, launched an initiative to identify fugitives who had absconded to Mexico and nearby countries. This initiative resulted in the location of 79 criminal fugitives and the apprehension of eight during the first year. The report also includes additional case examples for each U.S. field office, an overview of IRS-CI’s international footprint, details about the specialized services provided by IRS-CI and investigative statistics, broken down by discipline, for fiscal year 2022.
Report Details
The Internal Revenue Service’s Criminal Investigations division earned convictions in 90.6 percent of its cases in fiscal year 2022, according to the division’s annual report.
CI Chief Jim Lee called the conviction rate "the statistic I continue to be most proud of" in the division’s annual report released November 4, 2022. "We are thorough and good at what we do. As I tell crowds around the country, if a CI special agent has you in their crosshairs, there is a good chance you are going to jail."
The report notes that of the 1,837 cases referred for prosecution, 1,564 cases resulted in convictions. CI identified $32.6 billion in financial crimes, $5.7 billion of which were classified as tax fraud.
"While navigating our way through the backend of a global pandemic, we seized record amounts of data and cryptocurrency, led some of the largest tax cases on record and spearheaded first-of-its-kind national and international initiatives aimed at developing and strengthening partnerships in the public and private sectors," Lee said in the report.
In terms of tax crimes, the report highlights four key areas that the division focused on
- General tax fraud;
- Refund Fraud Program;
- Abusive tax schemes; and
- Employment tax fraud.
The Refund Fraud Program has three parts – the Questionable Refund Program, the Stolen Identity Refund Fraud investigations, and the Return Preparer Program for both individuals and businesses. Each of these programs looks out for criminals who file fraudulent tax returns to steal government funds.
"This type of theft erodes voluntary compliance and taxpayer confidence in the integrity of the tax system," the report states. "It also results in the loss of vital funds needed to support government programs, many of which impact the most vulnerable Americans."
Areas the division focus on related to non-tax crimes include money laundering, public corruption, corporate fraud, general fraud, and the Bank Secrecy Act Program, which focuses on fraud using foreign bank accounts.
CI also focuses on cybercrimes and in 2022, it was a part of the largest single financial seizure in government history with "the arrest of Ilya Lichtenstein and his wife, Heather Morgan, for an alleged conspiracy to launder cryptocurrency that was stolen during the 2016 hack of Bitfinex, a virtual currency exchange," the report states. "Approximately 119,754 bitcoin (BTC) was stolen from the exchange and was valued at approximately $4.5 billion at the time of the arrest. The CI Cyber Crime Unit, with the assistance of other U.S. authorities traced the stolen funds."
Changes made by the Inflation Reduction Act of 2022 ( P.L. 117-169) are reflected in draft forms and instructions
Changes made by the Inflation Reduction Act of 2022 ( P.L. 117-169) are reflected in draft forms and instructions for:
- Form 8908, Energy Efficient Home Credit, and
- Form 8911, Alternative Fuel Vehicle Refueling Property Credit
Energy Efficient Home Credit
The Inflation Reduction Act extends the Code Sec. 45L energy efficient home credit to cover qualified new energy efficient homes sold or leased after 2021 and before 2033. The Act also increases and modifies the credit for homes sold after 2022.
The draft Form 8908 and the draft instructions reflect both the 2022 version of the credit and the post-2022 version. The IRS intends that contractors use the revised form and instructions for tax years beginning in 2022 or later. For tax years beginning before 2022, contractors should use the appropriate prior revision of the form.
Alternative Fuel Vehicle Refueling Property Credit
The Inflation Reduction Act extends the Code Sec. 30C alternative fuel vehicle refueling property credit to cover refueling property placed in service after 2021 and before 2033. The Act also modifies the credit for certain refueling property placed in service after 2022.
The draft Form 8911 and the draft instructions reflect both the 2022 version of the credit and the post-2022 version. The draft form divides Lines 4 and 5 to break out amounts subject to the lower credit rate for refueling property placed in service after 2022 that does not meet new prevailing wage and apprenticeship requirements.
The IRS intends that taxpayers use the revised form and instructions for tax years beginning in 2022 or later. For tax years beginning before 2022, the taxpayers should use the appropriate prior revision of the form.
The Internal Revenue Service is estimating the tax gap on tax years 2014-2016 to be $496 billion, an increase of more than $58 billion from the prior estimate.
The Internal Revenue Service is estimating the tax gap on tax years 2014-2016 to be $496 billion, an increase of more than $58 billion from the prior estimate.
"The increase in the tax gap estimates reflects that the IRS needs to do more, both in improving taxpayer service as well as working to improve tax compliance," IRS Commissioner Charles Rettig said in a statement, adding that the recent funding in the Inflation Reduction Act "will help the IRS in many ways, increasing taxpayer education, significantly improving services to all taxpayers and focusing on high-income/high-wealth non-compliance in a fair and impartial manner supporting compliant taxpayers."
IRS published a report on the new estimate on October 28, 2022.
According to the report, the estimated net compliance rate is 87 percent, defined as tax paid voluntarily and timely plus enforced and other late payments divided by the total true tax. The voluntary compliance rate, which is the amount of tax paid voluntarily and timely divided by the total true tax is estimated to be 85.0 percent.
The tax gap includes three components, including:
- nonfiling (tax not paid on time by those who do not file on time) - $39 billion;
- underreporting (tax understated on timely filed returns) - $398 billion; and
- underpayment (tax that was reported on time, but not paid on time) - $59 billion.
The report estimates that $68 billion of the tax gap will eventually be paid.
The IRS also reported that the tax gap for years 2017-2019 is projected to increase to $540 billion.
Former Internal Revenue Service Commissioner Charles Rettig used his farewell message to highlight the work the agency’s workforce did during his four-year term as commissioner, particularly during the COVID-19 pandemic, but also during more normal times.
Former Internal Revenue Service Commissioner Charles Rettig used his farewell message to highlight the work the agency’s workforce did during his four-year term as commissioner, particularly during the COVID-19 pandemic, but also during more normal times.
"My time as Commissioner has given me an even deeper appreciation of what our workforce is capable of achieving," Rettig wrote in his message posted November 11, 2022, on the IRS website. "I have been constantly amazed at the accomplishments of IRS employees during what has been a challenging and historic time for our nation. Time and again I have seen them deliver for taxpayers under tight timeframes and difficult circumstances – responding in a manner that demonstrates the importance of every American to the IRS and the IRS to every American."
He noted a number of accomplishments of the workforce, including disbursing COVID relief payments of more than $830 billion while the agency was still working to conduct its normal business operations, which included delivering more than $1.5 trillion in refund payments and making more than 200 million advanced payments of the Child Tax Credit totaling $93 billion.
"It's also important to realize that, during this pandemic period, our employees faced the same health and safety concerns for themselves and their families as everyone else," he added. "Nonetheless, they went the extra mile in doing their jobs, and they also made a difference in their communities."
But he also praised the employees of the agency for stepping up even when there was no disaster requiring immediate actions.
"IRS employees don’t wait for a disaster to pitch in," he wrote. "They routinely give back – by collecting food for the hungry, volunteering to help low-income people, older Americans or underserved people prepare their tax returns, and in so many other ways. IRS employees make a difference, they care, and they take pride in serving taxpayers, tax professionals, and our country, on and off the job."
Rettig also identified a number of accomplishments he was proud of during his time, particularly getting publications out in more languages to help the agency reach a wider audience and make its activities more accessible to Americans, as well as making the Form 1040 available in Spanish for the first time during the 2021 tax filing season.
He also highlighted the work of Criminal Investigations during his time.
"There are many examples, but one I’d like to highlight involves agents from CI’s Cyber Crimes Unit," he wrote. "These agents played a key role in the largest cryptocurrency seizure ever recorded for the federal government, valued at more than $3.6 billion. This involved an alleged conspiracy to launder cryptocurrency stolen from a virtual currency exchange called Bitfinex. This was also the largest single financial seizure recorded by the federal government."
The Next Steps
In addition to highlighting the accomplishments of the agency, he also pointed to the direction he leaving the agency headed, including modernizing the IRS’ information technology infrastructure, both hardware and software.
"An important part of our modernization strategy involves expanding our digital services, to give everyone a seamless experience when they interact with the IRS online," he wrote. "A great example is the IRS Online Account. We are continually working to expand the transactions that individuals can conduct through this account. Last year, for example, we launched a new feature allowing people to authorize their tax practitioner to represent them before the IRS with a Power of Attorney, and to view their tax accounts with a Tax Information Authorization."
He continued: "At the same time, we realize that there is still much for us to improve on to help taxpayers and the tax system. Our employees know we need to do more. The IRS continues to focus on reducing paper correspondence inventory and processing paper tax returns from 2021 as well as work on our response to an unprecedented level of phone demand – situations that have been compounded by the pandemic and related issues. Actions we’ve taken to address the inventory include surge teams, mandatory overtime, innovating to expedite case closures and suspending various notices. We are continuing to work hard on this area, and the efforts of our hard-working employees are enabling significant progress."
Other challenges he noted include the thwarting of identity thieves and improving work in underserved communities, areas that will benefit from the funding received from the Inflation Reduction Act. And he has faith the leadership and the workforce is up to meeting the challenges ahead.
"Although the IRS is a large government institution, it’s an institution run by people –people who care," he wrote. "The IRS has made great strides over the last four years, but as always, IRS employees want to do more, and I know they will continue moving forward in every area, in service to our great nation."
