Initial Guidance Issued on Rules Governing De Minimis Error Relief From Filing Corrected Information Returns

The IRS has provided information on the de minimis error safe harbor information reporting provisions added by the PATH Act in 2015 in Notice 2017-9

The PATH Act added provisions (found in IRC §§6721 and 6722) that remove penalties for not providing revised returns to the IRS and taxpayers.

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IRS Warns About New Due Dates for Information Returns and Increased Penalties

The IRS has published on its website a notice reminding businesses of the changes in due dates for information returns this year along with more significant penalties (Increase in Information Return Penalties, IRS Website).

Last year, as part of the Protecting Americans Against Tax Hikes Act (PATH), Congress moved forward the due date for certain information returns and increased the penalties applicable to such returns.  To assist the IRS in combating refund fraud, the due date for selected information returns to be filed with the government is moved forward to January 31.

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Additional Penalty Relief Granted to Educational Institutions Who Continue to Reports Amoufnts Billed Rather Than Paid on Form 1098-T

The IRS has granted educational institutions an additional one-year reprieve from penalties if they fail to provide information on the amounts actually paid to the institution for the year in question on Form 1098-T and rather provide information solely on the amounts billed to the student.  No penalties will be assessed against institutions that report tuition billed rather than tuition paid on Forms 1098-T for 2017 per Announcement 2016-42.

Announcement 2016-17 originally provided a one year reprieve for 2016 Forms 1098-T from the law change enacted as part of the Protecting Americans from Tax Hikes Act of 2015.

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One Year of Penalty Relief Granted to Educational Institutions Who Continue to Reports Amounts Billed Rather Than Paid on Form 1098-T

The IRS has granted educational institutions a one-year reprieve from penalties if they fail to provide information on the amounts actually paid to the institution for the year in question on Form 1098-T and rather provide information solely on the amounts billed to the student.  Announcement 2016-17 provides this short term relief from the law change enacted as part of the Protecting Americans from Tax Hikes Act of 2015.

As part of a package of provisions meant to reign in unauthorized claims for the American Opportunity Tax Credit and Lifetime Learning Credit, the Congress removed the option for educational institutions to report the amounts billed for tuition to a student on Form 1098-T in lieu of reporting the amounts actually paid by the student during the year.  The credits in question are only available for amounts actually paid during the year in question, though not surprisingly many taxpayers simply used the amount on that form to claim the credit, even if the actual payment was made in a different year.

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