Anderson & Jahde

What is the Trust Fund Recovery Penalty?

The Trust Fund Recovery Penalty (“TFRP”) relates to employment taxes (IRS Form 941) due by an employer to the IRS for wages paid to its employees.  It is the employees’ portion of income tax, Social Security, and Medicare, withheld by the employer from employees’ wages.  Although referred to as a penalty, it is a tax. When an employer does not make required federal tax deposits for employment taxes, it incurs a tax liability comprised of the Trust Fund and non-Trust …

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IRS Suspends Some Automated Notices

 The IRS’s automated computer system generates certain types of notices to taxpayers, based on parameters programmed in the system and information entered and which is specific to a taxpayer.  For example, when a taxpayer files a tax return with a balance due, once the return is processed, the automated system automatically begins to generate collection notices.  The system, however, is not set-up to account for outside events, specifically the backlogs and issues that have been caused as a result of …

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More IRS Delays in 2022

The IRS was struggling to manage a high workload with fewer resources before the Covid pandemic, but its delays have greatly increased as a result of the months’ long shutdown from the pandemic in 2020.  The IRS acknowledged 2021 as one of the most challenging years it has had, but with the backlog (including millions of unprocessed income tax returns) and the return filing season having opened on January 24, 2022, this year will be plagued by even more delays. …

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Colorado Department of Revenue: Payment Options for Individual Income Taxes

If you have outstanding income tax liabilities with the Colorado Department of Revenue (the “Department”) and cannot pay them in full, the payment options are limited.  They also vary from those accepted by the Internal Revenue Service for payment of the same or most other types of taxes. The Department does not have any type of temporary hardship status when a taxpayer is not showing the ability to make pay its outstanding income tax liabilities, even when that person is …

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Understanding Federal Tax Liens When A Deceased Taxpayer Possesses A Power of Appointment

A federal tax lien is the government’s legal claim against a taxpayer’s property when the taxpayer neglects or fails to pay a tax debt.  The lien protects the government’s interest in all the taxpayer’s property, including real estate, personal property, and financial assets.  So what happens when a taxpayer who possesses a power of appointment[1] passes away owing federal income taxes?  The following explains how tax liens arise, what they attach to, and their impact on a decedent’s estate.  A …

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Premature Assessments and Tax Court Cases

A premature assessment occurs when the IRS assesses (or makes record in its system) tax, and penalties and interest, without authority to do so.  When the IRS proposes adjustments to a taxpayer’s tax return (and tax is a type subject to deficiency procedures, like income tax), the IRS is required to issue the taxpayer a Statutory Notice of Deficiency, giving the taxpayer an opportunity to dispute the proposed adjustments in the United States Tax Court. Assuming a taxpayer timely and …

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Taxation of Non-Fungible Tokens

A non-fungible token (“NFT”) is a type of digital asset, representing something unique.  Because it is unique, it cannot be replaced by any other item or asset—like a piece of original art (The Mona Lisa), or an original Michael Jordan rookie basketball card.  Something fungible can be replaced with another item.  For example, a Bitcoin can be replaced by another Bitcoin, because a Bitcoin is not unique.  Or a print of the Mona Lisa can be replaced by another print.  …

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Colorado Department of Revenue Goes Live With Sales and Use Tax Sourcing and Reporting

Beginning July 1, 2021, both in-state and out-of-state retailers will be required to implement the “destination-based” sourcing rules for collecting and remitting State, Special District, state-collected county and city, and participating home-rule jurisdictions sales taxes.             To assist retailers, the DOR has now gone live with its Geographic Information System (“GIS”), as part of its new Sales and Use Tax System (“SUTS”), a “a one-stop portal that will allow taxpayers to do all manner of tasks related to collecting and …

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2020 Form 1040 Virtual Currency Question

Taxpayers who own virtual currency, also known as “cryptocurrency,” may be confused about how to respond to a question on the 2020 Form 1040, U.S. Individual Tax Return, now due May 17, 2021 (extended from April 15, 2021).  The IRS recently clarified part of the question, but did not answer all the questions taxpayers have about the inquiry, nor how the IRS will use taxpayer responses for enforcement purposes. The 2019 Form 1040 was the first time any question was …

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