Innocent Spouse Relief- IRS Modifies Section 6015(f), Equitable Relief Rules

On January 5, 2012, in Notice 2012-8, the IRS significantly modified the rules for spouses seeking Innocent Spouse Relief under Internal Revenue Code Section 6015(f), which is also known as “Equitable Relief.” Notice 2012-8 is effective immediately and supersedes the old rules in Revenue Procedure 2003-61. The IRS will evaluate all new and pending Section [...]

Rental Real Estate Activities – Passive Loss Limitations

Purchasing and renting real estate can be profitable. It can also generate significant tax benefits. However, the Internal Revenue Code limits some of the tax benefits to taxpayers who are not “real estate professionals,” as defined in IRC Section 469(c)(2). In most circumstances, real estate rental activities are passive activities. The losses from a passive [...]

Innocent Spouse Relief – Two-Year Statute of Limitations Invalidated

On July 25, 2011, the IRS issued Notice 2011-70, stating that it will no longer deny a Request for Innocent Spouse Relief pursuant to Section 6015(f), “Equitable Relief,” on the basis that the claim was not submitted within two years of the date of the IRS’s first collection activity. The prior rule was stated in [...]

Independent Contractor or Employee? – IRS Classification Settlement Program

This is the tenth post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. Under the Classification Settlement Program (CSP), IRS examiners will offer worker classification settlements to taxpayers under examination using a standard closing agreement developed [...]

Independent Contractor or Employee? – Section 530 Safe Harbor Part II

This is the ninth post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. To protect businesses from the effects of worker reclassification, Congress enacted Section 530 of the Revenue Act of 1978. Right to receive Section [...]

Independent Contractor or Employee? – Section 530 Safe Harbor Part I

This is the eighth post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. To protect businesses from the effects of worker reclassification, Congress enacted Section 530 of the Revenue Act of 1978. Right to receive Section [...]

Independent Contractor or Employee? – Documenting a Worker

This is the seventh post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. The following is a list of items a taxpayer may provide the examining agency to support a position that workers are independent contractors. [...]

Independent Contractor or Employee? – Other Relevant Factors

This is the sixth post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. Revenue Ruling 87-41 states the factors the IRS considers when whether a worker is an independent contractor or employee. These factors are divided [...]

Independent Contractor or Employee? – Relationship of the Parties

This is the fifth post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. Revenue Ruling 87-41 states the factors the IRS considers when whether a worker is an independent contractor or employee. These factors are divided [...]

Independent Contractor or Employee? – Financial Control

This is the fourth post in the Independent Contractor/Employee series. This series is dedicated to presenting individuals, sole proprietorships, and small to large businesses with a basic understanding of independent contractor issues. Revenue Ruling 87-41 states the factors the IRS considers when whether a worker is an independent contractor or employee. These factors are divided [...]

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