Professional responsibility and ERC; CIR Werfel; IRS Tax Forums; Where's My Refund?; and more
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Issue Number:? 2023-11Inside This Issue
1.??Professional responsibility and the Employee Retention Credit The IRS warns employers to beware of third parties promoting improper Employee Retention Credit (ERC) claims. With the filing season underway, the IRS is providing guidance to ensure tax professionals are meeting their Circular 230 professional responsibilities and the standards required to prepare and sign original tax returns, amended returns or claims for refund relating to the credits. The IRS urges filers to carefully review the ERC guidelines before trying to claim the credit as promoters continue pushing ineligible people to file. 2.??Werfel begins work as 50th IRS Commissioner Danny Werfel began work this week as the 50th commissioner of the Internal Revenue Service. Werfel, who was confirmed by the Senate on March 9, was sworn into office on March 13 by Deputy Commissioner for Services and Enforcement Doug O'Donnell, who served as acting commissioner since November. Werfel's term will run through Nov. 12, 2027. This news release is also available in Spanish and Simplified Chinese. 3.??Register for IRS Nationwide Tax Forums, learn directly from the IRS Attend the upcoming IRS Nationwide Tax Forums and have access to the latest insights and expertise straight from the IRS. Each of the five tax forums is a three-day event with more than 40 seminars and workshops on a wide variety of federal and state tax issues presented by experts from the IRS and partner organizations from the tax community. Attendees may earn up to 18 continuing education credits. In addition to continuing professional education, attendees get access to the popular Case Resolution Program as well as dozens of exhibitors in the Exhibit Hall. Attendees can also participate in focus groups and network with colleagues. The IRS Nationwide Tax Forums are back in-person and will take place in the following five cities:
For more information or to register, visit IRStaxforum.com. 4.??Tax Time Guide: Easy access to refund status with Where?s My Refund?, IRS2Go Remind your clients that the Where's My Refund? tool on IRS.gov is the most convenient way to check the status of 2022, 2021 and 2020 tax refunds. IRS2Go, the mobile app, offers another way for users to check their refund status. This news release, which is part of the Tax Time Guide series, is also available in Spanish and Simplified Chinese. 5.??IRS addresses questions about medical expenses related to nutrition, wellness, general health The IRS posted frequently asked questions (FAQs) that address whether certain costs related to nutrition, wellness and general health are medical expenses that may be paid or reimbursed under a health savings account (HSA), health flexible spending arrangement (FSA), Archer medical savings account (Archer MSA) or health reimbursement arrangement (HRA). These FAQs are part of the National Strategy on Hunger, Nutrition, and Health, which provides a roadmap of actions the federal government will take to end hunger and reduce diet-related diseases by 2030. 6.??The IRS is hiring across the agency The IRS is hiring for positions across the agency. We invite members of the tax pro community to share these vacancy announcements or consider applying for one of the many career opportunities:
7.??News from the Justice Department?s Tax Division California return preparer Salvador Gonzalez has been charged with 47 counts of preparing false tax returns. If convicted, Gonzalez faces a maximum penalty of three years in prison for each false return count. Texas tax return preparers Labanda Loyd, Deidra Brandon, Shaterian Parr, Jaleesia Sais and Lashamekwa Alexander were sentenced to prison for conspiring to file false tax returns. In all, the conspirators caused a tax loss exceeding $1.8 million. Loyd was sentenced to 51 months in prison, Sais was sentenced to 40 months in prison, Brandon was sentenced to 12 months and one day in prison, Parr was sentenced to five years of probation and Alexander was sentenced to 40 months of probation. In addition, Loyd, Sais, Brandon, Alexander and Parr were each ordered to pay $918,396 in restitution to the United States. A federal grand jury in Austin recently returned an indictment charging seven individuals with conspiracy to commit mail and wire fraud and other crimes arising out of their scheme to defraud the IRS using stolen identities. According to the indictment, from 2018 through 2021, Abraham Yusuff, Meghan Inyang, Christopher Eduardo, Christian Mathurin, Dillon Anozie, Babajide Ogunbanjo and Aydin Mammadov engaged in a conspiracy to claim fraudulent tax refunds using the stolen identities of accountants and taxpayers by filing at least 371 false tax returns claiming more than $111 million in refunds from the IRS. If convicted, they face a maximum sentence of 20 years in prison for the mail and wire fraud and the conspiracy of said fraud, 20 years for money laundering, 10 years for access device fraud, and a mandatory sentence of two years for aggravated identity theft. 8.??Technical Guidance Notice 2023-25 sets forth updates on the corporate bond monthly yield curve, the corresponding spot segment rates for March 2023 used under section 417(e)(3)(D), the 24-month average segment rates applicable for March 2023, and the 30-year Treasury rates, as reflected by the application of section 430(h)(2)(C)(iv). Notice 2023-26 provides for adjustments to the limitation on housing expenses for purposes of section 911 of the Internal Revenue Code for the 2023 tax year. These adjustments are made on the basis of geographic differences in housing costs relative to housing costs in the United States. Revenue Procedure 2023-18 modifies and supersedes both Rev. Proc. 2016-33 and Rev. Proc. 2017-14. It addresses the procedures for applying to be certified as a Certified Professional Employer Organization (CPEO), the requirements for a CPEO to remain certified, and the procedures relating to suspension and revocation of CPEO certification. Revenue Procedure 2023-19 provides a waiver under section 911(d)(4) for the time requirements for individuals electing to exclude their foreign earned income who must leave a foreign country because of war, civil unrest or similar adverse conditions in that country. Rev. Proc. 2023-19 adds Ethiopia, Iraq, Ukraine, Belarus, China, and Mali to the list of waiver countries for tax year 2022 for which the minimum time requirements are waived. Revenue Ruling 2023-06 provides various prescribed rates for federal income tax purposes including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, and the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by section 1274.
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