Strike The Root: IRS cracking down on "abusive" tax shelters

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November 18, 2004

IRS cracking down on "abusive" tax shelters

Provisions aimed at curbing abusive tax shelters and increasing penalties for shelter promoters and participants. Material advisors will be required to file a new information return, yet to be developed by IRS, for any reportable (or listed) transaction. It will include information identifying and describing the transaction; information regarding the expected tax benefits from the transaction; and other information requested by IRS as a result of this act. Failure to provide the requested information with respect to a reportable transaction could result in a $50,000 penalty. The penalty for failure to file the requested information with respect to a listed transaction is much stiffer. That penalty, if assessed, will be the greater of $200,000 or 50% of the gross income derived by the person required to file the information return. The Act also requires organizers and promoters of potentially abusive tax shelters to maintain a list of all persons purchasing interests in these tax shelters. The penalty for failure to make the list available when requested by IRS within 20 days may be assessed at $10,000 per day for each day of failure after the 20th business day.

Posted by Rob at November 18, 2004 10:25 AM

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