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In This Issue
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1. New AMT Patch
2. Changes to Form 5500
3. Misclassified Workers
4. USCIS Highlights
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Other News of Importantance
President Signs Mortgage Relief Act Into Law On Dec. 20, 2007, the President signed into law, the "The Mortgage Forgiveness Debt Relief Act of 2007“ [H.R. 3648]. Under the Act, effective for primary residence indebtedness discharged on or after Jan. 1, 2007 and before Jan. 1, 2010, certain taxpayers may be able to exclude up to $2 million of mortgage debt forgiveness from income. For additional information, see: President Bush Signs H.R. 3648, The Mortgage Forgiveness Debt Relief Act of 2007.
President Signs Energy Act Into Law On Dec. 19, 2007, the President signed into law the "The Energy Independence and Security Act of 2007" [H.R. 6].
2008 COLA Increases Announced IRS Releases 2008 Inflation Adjustments [IR-2007-172]. Rev. Proc. 2007-66 lists the cost-of-living adjustments for 2008. 2008 Pension Plan Limitations [IR-2007-171]. COLA Increases for Dollar Limitations on Benefits and Contributions. Revenue Ruling 2008-4 provides various prescribed rates for federal income tax purposes. It will be published in IRB 2008-3 dated Jan. 22, 2008.
AARP Report: The Aging Workforce: Aware But Not Prepared?
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Spotlight on: The Alternative Minimum Tax
AMT "Patch" Causes Tax Filing & Refund Delays
Filing Season Opens - Certain Taxpayers Affected by AMT Patch
The IRS expects to begin processing returns for the vast majority of taxpayers in mid-January. However, as many as 13.5 million taxpayers using five forms related to the Alternative Minimum Tax (AMT) legislation will have to wait to file tax returns until the IRS completes the reprogramming of its systems for the new law. The IRS has targeted Feb. 11, as the potential starting date. For the affected forms and other details, see news release IR-2007-209.
On Dec. 19, the House approved the "Tax Increase Prevention Act of 2007" [H.R. 3996]. The Act provides a one-year "patch" of the AMT for the 2007 tax year. The Act spares about 20 million middle-income taxpayers from the alternative minimum tax (AMT) - by increasing the AMT exemption amount to $66,250 for couples filing jointly and $44,350 for single taxpayers but will likely cause delays in filing returns and obtaining refunds for many.
IRS Works to Implement AMT Patch
The IRS has begun the final reprogramming steps for its income-tax processing systems following final passage of the Alternative Minimum Tax "patch." To help the tax professional and software communities prepare for the upcoming filing season, revised copies of the 11 tax forms impacted by the AMT legislation will be posted to IRS.gov within 72 hours after the AMT patch is signed into law. See news release IR-2007-202.
"Our people will do everything they can to quickly update our systems for this major change and make this filing season as smooth as possible for everyone," said Linda Stiff, IRS Acting Commissioner. "Our goal is to process tax returns accurately and to issue refunds to taxpayers as quickly as possible."
The AMT and AMT-related tax calculations affect a number of core IRS processing systems that will need to be updated. The IRS is continuing to aggressively explore options for the 2008 filing season in order to minimize the impact of processing delays on taxpayers. Additional details will be available to the public as soon as plans are finalized.
To help the tax professional and software communities prepare for the upcoming filing season, revised copies of the 12 tax forms impacted by the AMT legislation will be posted to IRS.gov within 72 hours after the AMT patch is signed into law.
For Additional Information:
As more details on the AMT situation develop, the IRS encourages taxpayers to visit IRS.gov for more information.
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Changes to Form 5500 Summary Annual Reports
On November 16, 2007, the DOL announced final regulations for Form 5500, including a deferral for one year of the move to the wholly electronic filing system. Plans and service providers now will have additional time to comply with changes to the 2009 Form 5500 and the change to the wholly electronic filing system. Plans and service providers will not be required to comply with these changes until the due date for the plan's 2009 Form 5500. The Appendix to Reg. §2520.104-46 contains a Model Summary Annual Report Notice.
For Additional Information:
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Misclassified Workers Must File New Form
The Internal Revenue Service has developed a new form for employees who have been misclassified as independent contractors by an employer. Form 8919 , Uncollected Social Security and Medicare Tax on Wages, will now be used to figure and report the employee's share of uncollected social security and Medicare taxes due on their compensation.
Generally, a worker who receives a Form 1099 for services provided as an independent contractor must report the income on Schedule C and pay self-employment tax on the net profit, using Schedule SE. However, sometimes the worker is incorrectly treated as an independent contractor when they are actually an employee. When this happens, Form 8919 will be used beginning for tax year 2007 by workers who performed services for an employer but the employer did not withhold the worker's share of social security and Medicare taxes.
In addition, the worker must meet one of several criteria indicating they were an employee while performing the services. The criteria include:
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The worker has filed Form SS-8 , Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax
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Withholding, and received a determination letter from the IRS stating they are an employee of the firm.
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The worker has been designated as a section 530 employee by their employer or by the IRS prior to January 1, 1997.
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The worker has received other correspondence from the IRS that states they are an employee.
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The worker was previously treated as an employee by the firm and they are performing services in a similar capacity and under similar direction and control.
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The worker's co-workers are performing similar services under similar direction and control and are treated as employees.
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The worker's co-workers are performing similar services under similar direction and control and filed Form SS-8 for the firm and received a determination that they were employees.
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The worker has filed Form SS-8 with the IRS and has not yet received a reply.
By using Form 8919, the workers social security and Medicare taxes will be credited to their social security record. To facilitate this process, the IRS will electronically share Form 8919 data with the Social Security Administration.
In the past, misclassified workers often used Form 4137 to report their share of social security and Medicare taxes. Misclassified workers should no longer use this form. Instead, Form 4137 should now only be used by tipped employees to report social security and Medicare taxes on allocated tips and tips not reported to their employers. [IRS Newswire IR-2007-203]
Be sure to check the Tax, Financial Planning, Retirement & Estate Planning sections on BenefitsEssentials.com for additional information.
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USCIS News Highlights
News from the U.S. Citizenship and Immigration Services (USCIS)
The USCIS is the former U.S. Immigration and Naturalization Service (INS). INS transitioned into the Department of Homeland Security (DHS) in 2003.
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USCIS completes redesign of the naturalization test . In the interest of creating a more standardized, fair, and meaningful naturalization process, U.S. Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. The revised test, with an emphasis on the fundamental concepts of American democracy and the rights and responsibilities of citizenship, will help encourage citizenship applicants to learn and identify with the basic values we all share as Americans.
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USCIS Issues Update on Permanent Resident Card Replacement Proposal . On August 22, 2007, USCIS published a proposed rule in the Federal Register that, when implemented, would require lawful permanent residents to replace permanent resident cards (Form I-551) with no expiration date. The comment period closed on September 21, 2007. USCIS is currently reviewing the 298 comments received. (December 13, 2007)
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Advisory on Processing Times . USCIS has received a significant increase in the number of applications filed; nearly double the number received in the same period last year. The agency is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload. As a result, average processing times for certain applications may grow longer. Naturalization applications filed after June 1, 2007 may take approximately 16-18 months to process.
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USCIS Answers Frequently Asked Questions about Receipting Delays . Due to a tremendous increase in the number of applications filed in the last few months, USCIS advises customers that the processing of fee payments and entry of cases into our tracking system is behind schedule. We are providing the answers to those questions which we most frequently receive on this matter. We have added answers to six additional questions. (October 12, 2007)
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