The Treasury
Department and the IRS proposed
regulations in March that would
allowwithin certain
limitationsemployers to streamline
their retirement plan distribution
options (www.treas.gov/press).
Under the regulations companies could
eliminate early retirement entitlements,
retirement-type subsidies and optional
benefits that significantly burden plan
administrators or participants with
complexities if the changes would not
have a significant adverse effect on the
rights of any participant. Comments are
due June 22. In April the Treasury
Department and the IRS issued guidance on
two kinds of abusive tax-avoidance
transactions. One type improperly shifts
taxes from S-corporation shareholders to
exempt parties such as charities. IRS
notice 2004-30 (www.treas.gov/press/releases/reports/js1292notice200430.pdf)
states the services intent to
challenge what it considers listed
transactions and requires
participants to disclose any involvement
in them when filing their tax returns.
Another class of abusive transactions
entails corporations use of
partnerships to obtain inappropriate
deductions for interest payments to
related entities. IRS notice 2004-31 (www.treas.gov/press/releases/reports/notice_200431.pdf)
stipulates that participants must
disclose to the IRS their involvement in
such transactions and that promoters must
register the transactions with the
service and use IRS Form 8886, Reportable
Transaction Disclosure Statement, to
identify all participants in them. The
IRS will amend the form to help with this
disclosure.
The IRS in February
began accepting electronic income tax and
information returns from corporations and
tax-exempt organizations, significantly
reducing the time it takes to file forms
1120 and 990 (www.irs.gov/newsroom/article/0,,id=121573,00.html).
Tax professionalsusing IRS-approved
software (www.irs.gov/efile/lists/0,,id=119096,00.html)now
can submit such returns to the service
through a secure Web site accessible only
to registered users. The system employs
an industry-standard extensible markup
language (XML) process that makes it
possible to append portable document
format (PDF) attachments to returns,
generates easy-to-understand error
messages and sends users an electronic
acknowledgement that the IRS has received
the return and is processing it. To use
the system, tax professionals first must
register at https://la.www4.irs.gov/e-services/Registration/index.htm.
Those who already submit other returns
electronically can update their
applications to include online submission
of forms 1120 and 990.
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