By Dave Anderson:
Two pieces of news that may be related. First, the IRS is offering lighter penalties and a grace period for the reparation of money parked overseas illegally:
International tax evaders who come clean will be able to avoid jail and pay reduced fines under a new voluntary disclosure program announced Tuesday by the Internal Revenue Service.
Tax cheats will have until Aug. 31 to settle up with the IRS or face an ongoing crackdown against Americans who hide assets overseas, IRS Commissioner Doug Shulman said.
And then there is this post by Bob Morris at Politics in the Zeros:
The HCR bill contains a rider that, by codifying and unifying recent case law, makes it much harder for tax shelters to avoid taxes. This may well explain why there is such fierce opposition to HCR from corporate interests. Their pet cash cows are getting gored. It has nothing to do with health care....
The new law provides �that, in the case of any transaction to which the economic substance doctrine is relevant� [.i.e a tax shelter],�the transaction shall be treated as having economic substance only if (i) the transaction changes in a meaningful way (apart from Federal income tax effects) the taxpayer�s economic position, and (ii) the taxpayer has a substantial purpose (apart from Federal income tax effects) for entering into the transaction...."
So, a tax shelter now *must* have economic substance. It must have a purpose other than federal tax reduction. Further, the IRS will challenge taxpayers who try to slide in under the old interpretations. Also, penalties have been increased from 20% to 40% for underpayment of tax liability.
Yes, the "economic substance" argument will keep plenty of lawyers fully employed, as well as their pet economists and expert witnesses, but this is significantly tougher than previous compliance rules.
I am scratching my chin as I think these two policies are closely related.
I wonder if the IRS has been looking on with interest as the British Inland Revenue has identified over 30 billion pounds a year in offshore tax cheating it now plans to collect.
ReplyDeleteRegards, Steve