Showing posts with label Captive Insurance. Show all posts
Showing posts with label Captive Insurance. Show all posts

Captive Insurance

 For the first time since 2014, microcaptives were not included in the annual IRS list of “tax scams,” but the agency said it will continue to raise concerns about the vehicles.

In prior years, the IRS has focused on a wide range of alleged tax-avoidance schemes, but this year “the Dirty Dozen focuses on scams that target taxpayers,” the agency said in a statement Thursday.

Microcaptives, which are often referred to as 831(b) captives, have been targeted by the IRS for several years. The agency has previously stated that the transactions represent “a potential for tax avoidance or evasion.”

831(b) captives are often used by small and mid-sized firms that are too small to establish conventional captives, but many observers say they have also been used by wealthy individuals and others to avoid tax.

The IRS has won several recent tax court rulings against 831(b) owners, and last year made settlement offers to up to 200 others.

The IRS each year uses the Dirty Dozen list “to help raise awareness about common scams that fraudsters use to target people,” IRS Commissioner Chuck Rettig said in the statement.

While microcaptives were not included on the list this year, the IRS plans to issue a series of press releases on “illegal schemes and techniques businesses,” the statement said. “Topics will include such scams as abusive microcaptives and fraudulent conservation easements.”

This year’s Dirty Dozen list comprises: phishing; fake charities; threatening impersonator phone calls; social media scams; economic impact payment or refund theft; senior fraud; scams targeting non-English speakers; unscrupulous return preparers; offer in compromise mills – which exaggerate chances to settle tax debts;  fake payments with repayment demands; payroll and HR scams; and ransomware.

 

Conservation Easements

 As if the onslaught of recent losses in Tax Court was not enough, investors in syndicated conservation easements now have more to worry about. On August 25, 2020, the Senate Finance Committee released a bipartisan report condemning syndicated conservation easements as abusive and encouraging the IRS to take further action to ferret out such abuses.

The Senate report is the culmination of a nearly 18-month investigation.  The findings of that investigation are succinctly stated in the summary to the report:

This report finds syndicated conservation easement transaction to be transactions to provide tax deductions to high-income taxpayers by way of (1) inflated appraisals of undeveloped land through (2) partnership entities that appear to serve no non-tax business purpose for existing other than the provision of tax deductions. 

The Senate report goes on to explain why the appraisals were inflated:  “the report describes appraisals as inflated…because those appraisals value property at multiples of what transaction promoters or their investor paid to acquire ownership interest in that property.”  The Senate report notes the “great lengths” the promoters took to make the transactions appear legitimate on paper, but found that “their emails tell a much different story, that the taxpayer-investors had no interest in a wide variety of land-investment possibility; they just wanted to buy tax deductions.”  Included in the report were some noteworthy statistics:  (i) that the IRS estimates between 2010 and 2017, syndicated conservation easement transactions generated $26.8 billion in deductions, (ii) the combined tax benefit to the investor taxpayers was an estimated $10.6 billion; (iii) that in the years 2015 through 2017, the IRS identified 662 different syndicated partnerships, and (iv) the IRS is auditing or plans to audit 84% of those partnerships.   

The Senate report unambiguously concludes that the IRS has “strong reason for taking enforcement action” and that “Congress, the IRS, and the Department of Treasury should take further action to preserve the integrity of the conservation-easement tax deduction.”   A full copy of the Senate report is linked here (Senate Report).   This report provides further reason for investors to consider participating in an IRS settlement initiative to resolve their dispute with the IRS regarding a syndicated conservation easement.  

If you have any questions about syndicated conservation easements, the 2020 IRS settlement initiative, or ways to mitigate IRS risks associated with such transactions, please do not hesitate to contact me

 

Captive and Conservation

The IRS said Thursday it will be sending settlement offers with terms that are stricter than ones it offered last year under an earlier micro-captive initiative. The IRS has been focusing on cracking down on certain types of tax avoidance schemes, such as syndicated conservation easements and micro-captive insurance, while also stepping up tax enforcement efforts against holders of digital currencies such as Bitcoin and Ethereum, despite a decreasing number of IRS audits overall in recent years. The crackdown isn’t entirely new. In 2016, the Treasury Department and the IRS issued Notice 2016-66, which identified certain micro-captive transactions as having the potential for tax avoidance and evasion.

419 Litigation

419 Litigation

Google - Bookmarks

Google - Bookmarks

Captive Audits

 The Internal Revenue Service announced today the mailing of a time-limited settlement offer for certain taxpayers under audit who participated in abusive micro-captive insurance transactions.

Taxpayers eligible for this offer will be notified by letter with the applicable terms. Taxpayers who do not receive such a letter are not eligible for this resolution.

Abusive micro-captives have been a concern to the IRS for several years. The transactions have appeared on the IRS "Dirty Dozen" list of tax scams since 2014. In 2016, the Department of Treasury and IRS issued a notice which identified certain micro-captive transactions as having the potential for tax avoidance and evasion.

Following wins in three recent U.S. Tax Court cases, the IRS has decided to offer settlements to taxpayers currently under exam. In recent days, the IRS started sending notices to up to 200 taxpayers.

Tax law generally allows businesses to create "captive" insurance companies to protect against certain risks. Under section 831(b) of the Internal Revenue Code, certain small insurance companies can choose to pay tax only on their investment income. In abusive "micro-captive" structures, promoters, accountants or wealth planners persuade owners of closely held entities to participate in schemes that lack many of the attributes of genuine insurance.

The IRS has consistently disallowed the tax benefits claimed by taxpayers in abusive micro-captive structures. Although some taxpayers have challenged the IRS position in court, none have been successful.  To the contrary, the Tax Court has now sustained the IRS' disallowance of the claimed tax benefits in three different cases.

The IRS will continue to disallow the tax benefits claimed in these abusive transactions and will continue to defend its position in court. The IRS has decided, however, to offer to resolve certain of these cases on the terms outlined below.

"The IRS is taking this step in the interests of sound tax administration," IRS Commissioner Chuck Rettig said. "We encourage taxpayers under exam and their advisors to take a realistic look at their matter and carefully review the settlement offer, which we believe is the best option for them given recent court cases.  We will continue to vigorously pursue these and other similar abusive transactions going forward."

The settlement brings finality to taxpayers with respect to the micro-captive insurance issues. The settlement requires substantial concession of the income tax benefits claimed by the taxpayer together with appropriate penalties (unless the taxpayer can demonstrate good faith, reasonable reliance). Taxpayers eligible for the settlement will be notified of the terms by letter from IRS. The initiative is currently limited to taxpayers with at least one open year under exam. Taxpayers who also have unresolved years under the jurisdiction of the IRS Appeals may also be eligible, but those with pending docketed years under Counsel's jurisdiction are not eligible. The IRS is continuing to assess whether the settlement offer should be expanded to others.

Taxpayers who receive letters under this settlement offer, but who opt not to participate, will continue to be audited by the IRS under its normal procedures. Potential outcomes may include full disallowance of captive insurance deductions, inclusion of income by the captive, and imposition of all applicable penalties.

Although taxpayers who decline to participate will have full Appeals rights, the IRS Independent Office of Appeals is aware of this resolution initiative. Given the current state of the law, it is the view of the IRS Independent Office of Appeals that these terms generally reflect the hazards of litigation faced by taxpayers, and taxpayers should not expect to receive better terms in Appeals than those offered under this initiative.

Taxpayers who are offered this private resolution and decline to participate will not be eligible for any potential future settlement initiatives. The IRS also plans to continue to open additional exams in this area as part of ongoing work to combat these abusive transactions.

Nationwide Tax Resolution Sevices -With Attorneys-USA.org

Nationwide Tax Resolution Sevices -With Attorneys-USA.org

Google | Stacey Arenas | LinkedIn

Google | Stacey Arenas | LinkedIn

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