iF YOU OWN A FOREIGN CORPORATION BETTER FILE BEFORE THE IRS DISCOVERS YOU HAVE NOT TO AVOID HUGH PENALTIES

 If you own 10% or more of a foreign corporation you may be obligated to file form 5471 with your tax return. This includes foreign etntities that own real estate or businesses.  If US persons own 50% or more you may also be subject to the GILTI TAX  which can cause you to pay US income taxes on your share of the corporate income even though it is not distributed to you. The penalty for failing to file this form is $10,000 per year but if you file before the IRS discovers your error, there is a procedure where that penalty can be waived.

We can help you compete this complex form (even if you prepare your own tax return) and with catching up with the IRS to avoid penalties. EMAIL US FOR HELP   

IRS Increases Standard Auto Mileage Deduction Amount due to Price of Gasoline

Fueled by rising gas prices, the optional standard mileage rate will jump for the rest of this year, effective July 1. 

For the second half of 2022, the standard mileage rate for business travel will be 62.5 cents per mile, up 4 cents from the rate effective at the start of the year, the IRS announced.

The new rate for deductible medical or moving expenses for active-duty members of the military will be 22 cents for the remainder of 2022, up 4 cents from the rate at the start of the year. The 14 cents-per-mile rate for charitable organizations, set by statute, remains unchanged.

Get an automatic six more months to file; Expats can Even get a longer Period of time to file

WASHINGTON — The Internal Revenue Service reminds taxpayers that if they’re unable to file their tax return by this year’s April 18 deadline, there’s an easy, online option to get more time to complete their return.

Taxpayers who need more time to complete their return can request an automatic six-month extension to file. An extension allows for extra time to gather, prepare and file paperwork with the IRS; however, taxpayers should be aware that:

• An extension to file their return doesn’t grant them an extension to pay their taxes,
• They should estimate and pay any owed taxes by their regular deadline to help avoid possible penalties and
• They must file their extension no later than the regular due date of their return.

E-File an extension form for free
Individual tax filers, regardless of income, can use IRS Free File to electronically request an automatic tax-filing extension. The fastest and easiest way to get an extension is through IRS Free File on IRS.gov. Taxpayers can electronically request an extension on Form 4868. Filing this form gives taxpayers until Oct. 17to file their tax return. To get the extension, taxpayers must estimate their tax liability on this form and should timely pay any amount due.

Get an extension when making a payment
Other fast, free and easy ways to get an extension include using IRS Direct Pay, the Electronic Federal Tax Payment System or by paying with a credit or debit card or digital wallet. There’s no need to file a separate Form 4868 extension request when making an electronic payment and indicating it’s for an extension. The IRS will automatically count it as an extension.

Important reminders on extensions
The IRS reminds taxpayers that a request for an extension provides extra time to file a tax return, but not extra time to pay any taxes owed. Payments are still due by the original deadline. Taxpayers should file even if they can’t pay the full amount. By filing either a return on time or requesting an extension by the April 18 filing deadline, they’ll avoid the late-filing penalty, which can be 10 times as costly as the penalty for not paying.

Taxpayers who pay as much as they can by the due date, reduce the overall amount subject to penalty and interest charges. The interest rate is currently four percent per year, compounded daily. The late-filing penalty is generally five percent per month and the late-payment penalty is normally 0.5 percent per month.

The IRS will work with taxpayers who cannot pay the full amount of tax they owe. Other options to pay, such as getting a loan or paying by credit card, may help resolve a tax debt. Most people can set up a payment plan on IRS.gov to pay off their balance over time.

Other automatic extensions
Certain eligible taxpayers get more time to file without having to ask for extensions. These include:

• U.S. citizens and resident aliens who live and work outside of the United States and Puerto Rico get an automatic 2-month extension to file their tax returns. They have until June 15 to file. However, tax payments are still due April 18 or interest will be charged.
• Members of the military on duty outside the United States and Puerto Rico also receive an automatic two-month extension to file. Those serving in combat zones have up to 180 days after they leave the combat zone to file returns and pay any taxes due. Details are available in Publication 3, Armed Forces’ Tax Guide.
• When the President makes a disaster area declaration, the IRS can postpone certain taxpayer deadlines for residents and businesses in the affected area. People can find information on the most recent tax relief for disaster situations on the IRS website.

The deadline to submit 2021 tax returns or an extension to file and pay tax owed this year falls on April 18, instead of April 15, because of the Emancipation Day holiday in the District of Columbia. Taxpayers in Maine or Massachusetts have until April 19, 2022, to file their returns due to the Patriots' Day holiday in those states.

Don t want to do figure out how to file an extension yourself. We can efile and extension and determine any tax due for you. We can also file any state extensions you may require. Email us for help    We are CPAs and Attorneys who have been preparing expatriate and nonresident and international US taxes for over 30 years. 

YOU NEED A SHAREHOLDERS AGREEMENT FOR YOUR US OR FOREIGN CORPORATION OR LLC

Should there be a shareholders’ agreement in place in addition to a company’s articles of association?

The articles of association are one of the constitutional documents of a company setting out the rules governing the internal affairs of the company. These include, for example, provisions around board meetings, shareholder meetings, directors’ powers and shareholder rights.

In addition to the articles, the shareholders of the company may also choose to enter into a shareholders’ agreement. This is an agreement among the shareholders of the company setting out how the company should be run and the various rights and obligations of the shareholders.

These may sound like fairly similar documents, and they can often overlap. A shareholders’ agreement is not a legal requirement, and companies may choose to rely solely on their articles of association. However, there are a number of benefits to having a separate shareholders’ agreement:

• Shareholder rights are protected. Although the articles of association may provide some protection, having a shareholders’ agreement can provide further clarity and additional provisions on certain matters, both for minority shareholders (e.g. certain decisions requiring unanimous consent, as opposed to a majority decision) and majority shareholders (e.g. drag along provisions whereby majority shareholders can force minority shareholders to sell their shares).
• 
  The agreement can include provisions for dispute resolution, making resolution in the event of a shareholder fall out a more straightforward process.
• The agreement can give shareholders more say in the management of the company. Generally, the directors have the power to manage the day to day activities of the company, however the shareholders’ agreement can set out certain matters that require shareholder approval (often referred to as “reserved matters”).
• In many states, shareholders have limited information rights in respect of the company. However, a shareholders’ agreement can provide for certain company information to be provided to shareholders, such as a copy of each year’s business plan and specific financial information. This is useful for the shareholders to monitor their investment and track the progress of the company.
  
• In order to protect the company in relation to the information rights of shareholders mentioned above, the agreement can include confidentiality provisions. This is key to ensure that any sensitive company information disclosed to shareholders is not shared with third parties. Importantly, this restriction can survive the termination of the shareholders’ agreement. Other restrictions, such as a non-compete clause, may also be included in the agreement.
• Unlike the articles of association, there is no requirement to file a shareholders’ agreement at Companies House (subject to certain exceptions), so the contents of the agreement can remain confidential.

Shareholders’ agreements are commonly seen in joint ventures and investment situations, which involve independent parties coming together to form a commercial arrangement. In these cases the shareholders’ agreement can provide comfort to the shareholders/investors in their new venture by providing for any rights and restrictions as may be necessary. However, shareholders’ agreements can also be useful for other arrangements such as simply setting up a company with more than one shareholder.

If a company determines that a shareholders’ agreement is not necessary, and that the articles of association alone are sufficient, the company should ensure that the articles capture all of the necessary provisions for the management of the company and rights of the shareholders. It is easier to agree all of these things at the outset of any commercial arrangement; quite often shareholders can fall out and reaching agreement at that stage can be more difficult.

We can put together a shareholders agreement for your Corporation or LLC that will protect you as well as the other shareholders.  Email us at: ddnelson@gmail.com. We have over 30 years experience with all aspects of corporate operations and legal matters.

US Expatriate and US Nonresident IRS Tax Payment Methods and How to Pay Over Time, etc.

 The Internal Revenue Service today reminded taxpayers who have a tax bill that there are several ways to make payments, and there are options for many people who can't pay their tax bill in full by April tax deadline.

The deadline to submit 2021 tax returns or an extension to file and pay tax owed this year falls on April 18, instead of April 15, because of the Emancipation Day holiday in the District of Columbia. Taxpayers in Maine or Massachusetts have until April 19, 2022, to file their returns due to the Patriots' Day holiday in those states. Some taxpayers who were victims of a natural disaster have even longer to file their returns.

The IRS reminds people to timely file their tax return and pay whatever they can by the filing deadline to avoid late filing and interest penalties.

Sign in to pay and see payment history
Taxpayers can use their Online Account to securely see important information when preparing to file their tax return or following up on balances or notices. Taxpayers can make a same-day payment for a 2021 tax return balance, an extension to file, or estimated taxes, which are all due by April deadline for most taxpayers. They can also view:

• Their Adjusted Gross Income, Economic Impact Payment amounts and advance Child Tax Credit payment amounts needed for their 2021 return,
• Payment history and any scheduled or pending payments,
• Payment plan details and
• Digital copies of select notices from the IRS.

Ways to pay

• Electronic Funds Withdrawal (EFW): This option allows taxpayers to file and pay electronically from their bank account when using tax preparation software or a tax professional. This option is free and only available when electronically filing a tax return.
• Direct Pay: Direct Pay is free and allows taxpayers to securely pay their federal taxes directly from their checking or savings account without any fees or preregistration. Taxpayers can schedule payments up to 365 days in advance. After submitting a payment through Direct Pay, taxpayers will receive immediate confirmation.
• Electronic Federal Tax Payment System: This free service gives taxpayers a safe and convenient way to pay individual and business taxes by phone or online. To enroll and for more information, taxpayers can call 800-555-4477, or visit eftps.gov.
• Credit card, debit card or digital wallet: Individuals can pay online, by phone or with a mobile device through any of the authorized payment processors. The processor charges a fee. The IRS doesn't receive any fees for these payments. Authorized card processors and phone numbers are available at IRS.gov/payments.
• Cash: For taxpayers who prefer to pay in cash, the IRS offers a way to pay taxes at one of its Cash Processing Companies at participating retail stores. The IRS urges taxpayers choosing this option to start early because it involves a four-step process. Details, including answers to frequently asked questions, are at IRS.gov/paywithcash.

Check or Money Order: Payments made by check or money order should be made payable to the "United States Treasury." To help ensure that the payment gets credited promptly, taxpayers should also enclose a Form 1040-V payment voucher and print on the front of the check or money order: "2021 Form 1040"; name; address; daytime phone number; and Social Security number.

File by April 18, 2022 for most taxpayers
The most important thing everyone with a tax bill should do is file a return by the April 18 due date, for most taxpayers (even if they can't pay in full). Taxpayers may also request a six-month extension to file by October 17, 2022, to avoid penalties and interest for failing to file on time.

Though automatic tax-filing extensions are available to anyone who wants one, these extensions don't change the payment deadline. It is not an extension to pay. Visit IRS.gov/extensions for details.

Usually anyone who owes tax and waits until after that date to file will be charged a late-filing penalty of 5% per month. So, if a tax return is complete, filing it by April 18 is always less costly, even if the full amount due can't be paid on time.

IRS Free File is an easy, quick way to file that is available to eligible individuals and families who earned $73,000 or less in 2021. IRS Free File is available on IRS.gov.

Pay what you can
Interest, plus the late-payment penalty, will apply to any payments made after April 18. Making a payment, even a partial payment, will help limit penalty and interest charges. The fastest and easiest way to pay a personal tax bill is with Direct Pay, available only on IRS.gov. 

The IRS urges taxpayers to first consider other options for payment, including getting a loan to pay the amount due. In many cases, loan costs may be lower than the combination of interest and penalties the IRS must charge under federal law. Normally, the late-payment penalty is one-half-of-one percent (0.5%) per month. The interest rate, adjusted quarterly, is currently 3% per year, compounded daily.

If a loan isn't possible, the IRS can often help.

Online payment plans
Most individual taxpayers qualify to set up an online payment plan with the IRS, and it only takes a few minutes to apply. Applicants are notified immediately if their request is approved. No need to call or write to the IRS. The IRS notes that online payment plans are processed more quickly than requests submitted with electronically-filed tax returns. If a taxpayer just filed their return and knows that they’ll owe a balance, they may be able to set up a payment plan online before they even receive a notice or bill.

There are two main types of online payment plans:

• Short-term payment plan – The payment period is 180 days or less and the total amount owed is less than $100,000 in combined tax, penalties and interest. There's no fee for setting one up, though interest and the late-payment penalty continue to accrue.
• Long-term payment plan – Payments are made monthly, and the amount owed must be less than $50,000 in combined tax, penalties and interest. If the IRS approves a long-term payment plan, also known as an installment agreement, a setup fee normally applies. But low-income taxpayers may qualify to have the fee waived or reimbursed. In addition, for anyone who filed their return on time, the late-payment penalty rate is cut in half while an installment agreement is in effect. This means that the penalty accrues at the rate of one-quarter-of-one percent (0.25%) per month, instead of the usual one-half-of-one percent (0.5%) per month.

Taxpayers who do not qualify for an online payment agreement may still be able to arrange to pay in installments.

Other payment options

Some struggling taxpayers may also consider using these other payment options:

Delayed collection
If the IRS determines a taxpayer is unable to pay, it may delay collection until their financial condition improves. However, the total amount owed will still increase because penalties and interest are charged until paid in full. 

Penalty relief
Some taxpayers qualify to have their late-filing or late-payment penalties reduced or eliminated. This can be done on a case-by-case basis, based on reasonable cause. Alternatively, where a taxpayer has a history of compliance, the IRS can typically provide relief under the First Time Abatement program. Visit IRS.gov/penaltyrelief for details.

Offer in Compromise
Some taxpayers qualify to settle their tax bill for less than the full amount due, through an offer in compromise. Though there is typically a $205 non-refundable application fee, it is generally waived for low-income taxpayers and for offers based on doubt as to liability. The Offer in Compromise Pre-Qualifier tool can help determine eligibility for anyone interested in applying.

The IRS reminds taxpayers that they have rights and protections throughout the collection process.

For more information about payments, see Topic No. 202, Tax Payment Options, on IRS.gov.

If you need help with any of these methods of payment, penalty relief, etc., email us for assistance. We know the rules and how they can benefit you  Kauffman Nelson LLP, CPAs and Attorneys.  ustax@hotmail.com

We have been helping US expatriates and nonresidents for over 25 years.

Taxes You May Not Know About

No tax season would be complete without a list of strange  taxes assessed by various states and countries.

• Sliced bagels: New York charges a bagel-cutting tax at 8 cents per sliced or ready-to-eat bagel.
• Decorative pumpkins: In New Jersey, a painted, varnished, or cut pumpkin sold as a decoration is subject to sales tax. Pumpkins used as food are not.
• Tattoos: Arkansas charges sales tax on tattoos, piercings, and electrolysis.
• Everything delicious: Illinois not only applies a candy tax to confections made without flour, but also in Chicago, soda in a can is taxed at a 3% rate but the syrup for fountain soda is taxed at 9%.
• Breakfast cereal: In Canada, breakfast cereal makers are exempt from tax if the cereal contains a free children’s toy … but only if the toy is not “beer, liquor, or wine.” Seems pretty easy to meet that requirement.
• Robots: South Korea has reduced a tax break for companies that have invested in automation that replaces human jobs with machines.
• Unhealthy food: Mexico, Hungary, and India all have junk food taxes that are in place to try to curb unhealthy eating habits.
• Cow flatulence: Ireland, Denmark, and other EU nations tax cattle owners on cow flatulence, due to it being one of the leading contributors to greenhouse gases.

US Expatriate IRS Forms Which May Cause an Audit Unless Prepared Correctly

 As a US expatriate you generally need to file certain special reporting forms with your US tax return. Filing these forms do increase your chance of audit by the IRS. If your return includes any of the following forms, make certain they are filled out correctly to avoid IRS audits:

Form 2555: Foreign Earned Income Exclusion                           

Form 1116: Foreign Tax Credit

Form 8621: Passive Foreign Investment Company (PFIC)

Form 3520 & 3520a: Foreign Trust Reporting

Form 5471: Shareholder of Foreign Corporation

Form 8938: Statement of Specified Foreign Financial Assets

Our firm has assisted US expatriates with their tax returns and inernational tax issues for over 25 years. If you need help with these forms, advice  or need your entire return prepared by experts contact us by email HERE.  We are US attorneys and CPAs.

IRS TAXPAYER PROCESSING DELAYS CONTINUE AND WILL FOR SOME TIME

Although the IRS is making progress, there are still significant return processing backlogs which among others involve expatriate returns, refunds, etc, such as:

  *   6.5 million unprocessed individual returns, as of November 19, 2021;
  *   2.6 million unprocessed Forms 1040-X, Amended Individual Income Tax Returns, as of November 27, 2021;
  *   3 million unprocessed Forms 941, Employer's Quarterly Federal Tax Return, as of December 1, 2021; and
  *   412,000 unprocessed Forms 941-X, Adjusted Employer's Quarterly Federal Tax Return, as of December 1, 2021.

According to the IRS, it may take 90-120 days to process original returns. The timeline depends on how quickly and accurately taxpayers respond to requests for additional information and "the ability of IRS staff trained and working under social distancing requirements to complete the processing of your return." Taxpayers may access "Where's My Refund" (www.irs.gov/refunds<http://send.spidell.com/link.cfm?r=gZ-80FCd5TTpz7rOj3Jhbw~~&pe=owFbb_7HN6kAMuQv1PPM7nlO7x276rI7f0O_5zRKFTRoJ7RtQ29PUE4Rq48sHYFutsmUucA1mMH1lxeD8zJ7aw~~&t=Y7Wj2mPEcByuqBqXr8dzNA~~>) or use their online account to check on the status of these returns.

The ETA for processing amended returns can be more than 20 weeks (although we have heard of far longer timeframes). The IRS has asked that taxpayers not file a second return or contact the IRS about the status of their returns. Taxpayers are directed to check "Where's My Amended Return" (www.irs.gov/filing/wheres-my-amended-return<http://send.spidell.com/link.cfm?r=gZ-80FCd5TTpz7rOj3Jhbw~~&pe=wcFMsdWlBZD6nCsGBJ4rLKI7hpm_Uj3OaD3kfww63G1kZtILYQCOa86D2-zKiMhDE9LNwYtPmYEuVFWD3Vxvog~~&t=Y7Wj2mPEcByuqBqXr8dzNA~~>) for the "most up to date processing status available" for Form 1040-X, or to check their online account.

For more information on the IRS delays, see:

www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue<http://send.spidell.com/link.cfm?r=gZ-80FCd5TTpz7rOj3Jhbw~~&pe=WZBS5UrRtXSCNSU76e8B2IscXTDHWo3khIz3q7zBB-vDDIP8InHMzeL4kGWTb-fE82qLt8ecccFVIp1J95Gopw~~&t=Y7Wj2mPEcByuqBqXr8dzNA~~>