The IRS has announced penalty relief (Notice 2013-24) for
corporations, individuals, trusts, estates and other taxpayers who
underpay or underpaid their estimated tax liability when extending
a 2012 tax return that includes any form that was delayed by the
late enactment of the American Taxpayer Relief Act of 2012
Taxpayers may generally file an automatic six-month extension
for annual tax returns due March 15 or April 15, but the extension
does not extend the time to pay tax. For an extension to be valid,
taxpayers must properly estimate their tax liability and generally
must pay the liability with the extension request by the original
due date of the return. Section 6651(a)(2) imposes a penalty for
late tax payments unless the taxpayer shows that the failure was
due to reasonable cause and not willful neglect.
Notice 2013-24 will waive the Section 6651(a)(2) penalty for
taxpayers extending 2012 tax returns and attaching any of the forms
that the IRS issued late. The late enactment of ATRA forced the IRS
to delay the release of many forms and attachments affected by the
IRS acknowledged that the delay may make it difficult for some
taxpayers to properly estimate tax by the time they file for an
The IRS will therefore abate Section 6651(a)(2) failure to pay
penalties due to reasonable cause for any taxpayer who extends a
tax return that includes one of the affected forms, provided that a
good- faith estimate of tax is paid by the original due date of the
return and any tax owed is fully paid by the extended due date.
When responding to an assessment notice, taxpayers should submit a
letter describing eligibility for the relief and identify the
The following forms qualify taxpayers for relief:
Form 3800, General Business Credit
Form 4136, Credit for Fuel Tax
Form 4562, Depreciation and Amortization
Form 5074, Allocation of Individual Income Tax to Guam or
the Commonwealth of the Northern Mariana Islands
Form 5471, Information Return of U.S. Persons With Respect
to Certain Foreign Corporations
Form 5695, Residential Energy Credits
Form 5735, American Samoa Economic Development
Form 5884, Work Opportunity Credit
Form 6478, Alcohol and Biofuels Credit
Form 6765, Research Activities Credit
Form 8396, Mortgage Interest Credit
Form 8582, Passive Loss Limitations
Form 8820, Orphan Drug Credit
Form 8834, Qualified Plug-in Electric and Electric Vehicle
Form 8839, Qualified Adoption Expenses
Form 8844, Empowerment Zone and Renewal Community
Form 8845, Indian Employment Credit
Form 8859, DC Homebuyer Credit
Form 8863, Education Credits
Form 8864, Biodiesel and Renewable Diesel Fuels
Form 8874, New Markets Credits
Form 8900, Qualified Railroad Track Maintenance
Form 8903, Domestic Production Activities
Form 8908, Energy Efficient Home Credit
Form 8909, Energy Efficient Appliance Credit
Form 8910, Alternative Vehicle Credit
Form 8911, Alternative Fuel Vehicle Refueling Property
Form 8912, Tax Credit Bonds
Form 8923, Mine Rescue Training Credit
Form 8932, Credit for Employer Differential Wage
Form 8936, Qualified Plug-in Electric Drive Motor Vehicle
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On May 5, 2016, the U.S. Treasury Department announced several actions intended to strengthen financial transparency, including the issuance of proposed regulations that significantly increase the reporting and record maintenance requirements of U.S. disregarded entities owned by foreign persons.
The IRS has released temporary and proposed regulations clarifying that partners in a partnership that owns a disregarded entity (DRE) may not be treated as "employees" of the DRE (T.D. 9766; REG-114307-15).
Public comments on the proposed regulations may be submitted through August 8, 2016. If approved, the proposed regulations will become effective twelve months after they are published as final in the Federal Register.
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