IRS provides further details on additional relief for certain partnerships preparing schedules K-2 and K-3 for 2021
The new schedules K-2 and K-3 improve reporting by standardizing international tax information to partners and flow-through investors, making it easier for them to report these items on their tax returns. In addition, the changes ease flow-through return preparation compliance by clarifying obligations and standardizing the format for reporting.
Notice 2021-39 provides penalty relief for good-faith efforts to adopt the new schedules. Today's transition relief, appearing in new frequently asked questions (FAQs) on Schedules K-2 and K-3, allows an additional exception for tax year 2021 filing requirements by certain domestic partnerships and S corporations.
The IRS is providing an additional exception for tax year 2021 to filing the Schedules K-2 and K-3 for certain domestic partnerships and S corporations. To qualify for this exception, the following must be met:
- In tax year 2021, the direct partners in the domestic partnership are not foreign partnerships, foreign corporations, foreign individuals, foreign estates or foreign trusts.
- In tax year 2021, the domestic partnership or S corporation has no foreign activity, including foreign taxes paid or accrued or ownership of assets that generate, have generated or may reasonably expected to generate foreign source income (see section 1.861-9(g)(3)).
- In tax year 2020, the domestic partnership or S corporation did not provide to its partners or shareholders nor did the partners or shareholders request the information regarding (on the form or attachments thereto):
- Line 16, Form 1065, Schedules K and K-1 (line 14 for Form 1120-S), and
- Line 20c, Form 1065, Schedules K and K-1 (Controlled Foreign Corporations, Passive Foreign Investment Companies, 1120-F, section 250, section 864(c)(8), section 721(c) partnerships, and section 7874) (line 17d for Form 1120-S).
- The domestic partnership or S corporation has no knowledge that the partners or shareholders are requesting such information for tax year 2021.
If a partnership or S corporation qualifies for this exception, the domestic partnership or S corporation does not need to file Schedules K-2 and K-3 with the IRS or with its partners or shareholders. However, if the partnership or S corporation is subsequently notified by a partner or shareholder that all or part of the information contained on Schedule K-3 is needed to complete their tax return, then the partnership or S corporation must provide the information to the partner or shareholder. If a partner or shareholder notifies the partnership or S corporation before the partnership or S corporation files its return, the conditions for the exception are not met and the partnership or S corporation must provide the Schedule K-3 to the partner or shareholder and file the Schedules K-2 and K-3 with the IRS.
Tax Time Guide: Make IRS.gov the first stop for tax help
Available around the clock, IRS.gov has a variety of online tools, applications, and resources available to help people prepare and file their taxes or help with refund tracking. Research tools like the Interactive Tax Assistant and answers for Frequently Asked Questions provide in-depth answers on many tax subjects.
Prepare and file taxes online for free
Taxpayers can use IRS Free File to prepare and electronically file their returns. They can also set up direct deposit for their refunds, which is the fastest way to get their money.
IRS Free File software products are part of a 20-year partnership with leading tax software providers who make their online tax preparation products available for free with the IRS. Free File is available to any person or family who earned $73,000 or less in 2021. This represents about 70% of taxpayers.
IRS Free File is free when eligible taxpayers go through IRS.gov/freefile. In addition, Free File Fillable Forms, the electronic version of paper IRS tax forms, are available to all taxpayers earning any income amount. They're most useful for those who are comfortable preparing and filing their own taxes online.
MilTax is also available for members of the military and qualifying veterans. This Department of Defense program generally offers free online tax preparation and e-filing software for federal returns and up to three state returns. Users can also set up direct deposit for their refunds.
Find answers with the Interactive Tax Assistant
The Interactive Tax Assistant answers general tax law questions, including helping to determine if a type of income is taxable or if someone is eligible to claim certain credits and deductions. With changes to income and other life events for many in 2021, tax credits and deductions can mean more money in a taxpayer's pocket.
Get an Identity Protection PIN
An Identity Protection PIN (IP PIN) is a six-digit number that prevents criminals from filing a fraudulent tax return using another taxpayer's Social Security number. The IP PIN is known only to the taxpayer and the IRS, and helps the IRS verify the taxpayer's identity when they file their electronic or paper tax return.
Locate local free tax preparation
The IRS's Volunteer Income Tax Assistance (VITA) program offers free basic tax return preparation, electronic filing, and direct deposit of refunds to qualified taxpayers. The program is free for:
- People who generally make $58,000 or less
- Those with disabilities
- Taxpayers with English as a second language
The Tax Counseling for the Elderly (TCE) program also offers free tax help for taxpayers, particularly those age 60 and older. The VITA/TCE Site Locator can help eligible taxpayers find the nearest community-based VITA/TCE site staffed by IRS-trained and certified volunteers.
Find a local tax professional
IRS.gov offers a searchable directory that helps taxpayers find qualified local tax professionals in their area. The list can be sorted by credentials and qualifications. IRS tips for choosing a tax preparer and how to avoid unethical "ghost" return preparers are important starting points before hiring a tax professional.
Online Account can help
Taxpayers can securely access their individual Online Account to view important information they can use to file an accurate return. This includes:
- Advance Child Tax Credit and Economic Impact Payment amounts: Total amounts of advance Child Tax Credit payments and Economic Impact Payments needed to complete an accurate return are found on the Tax Records page.
- Adjusted gross income: Taxpayers can find their AGI from their most recently filed tax return. This helps if they use a different tax software or tax preparer this year.
- Estimated tax payment amounts: The total of any estimated tax payments made during the year or refunds applied as a credit can be found on the Account Balance page, and a record of each payment appears under Payment Activity.
- Communication preference: Individuals can update their communication preferences. They can request personalized email notifications for new digital notices and go paperless for certain notices from the IRS.
- Tax transcripts: Taxpayers can view, print or download a tax transcript after the IRS has processed the return, which can show return and/or account data. They can also find changes or transactions made after they filed their original return.
Make a tax payment
Taxpayers can make a payment from their bank account through their Online Account or with IRS Direct Pay. In Online Account, they can view up to 5 years of their payment history and any pending or scheduled payments. Taxpayers can see their different payment options on IRS.gov which include: Electronic Funds Withdrawal (during e-filing), credit or debit card, check or money order, or cash at a participating retail store.
Set up a payment plan
Taxpayers can meet their tax obligation in monthly installments by setting up a payment plan on IRS.gov/paymentplan in a matter of minutes. Setup fees may apply for some types of plans. An offer in compromise is a way for a taxpayer to settle their tax debt for less than the full amount. A pre-qualifier tool is available online. If the IRS determines a taxpayer is unable to pay, it may temporarily delay collection until the taxpayer's financial condition improves.
Track refunds with Where's My Refund?
Taxpayers can receive the most up-to-date information about their tax refund using the Where's My Refund? tool on IRS.gov and on the official IRS mobile app, IRS2Go.
IRS announces an update to the Form 14457, Voluntary Disclosure Practice Preclearance Request and Application
Updates and additions to this form include:
- IRS Criminal Investigation now accepts photocopies, facsimiles and scans of taxpayer signatures. Taxpayers can send this form via eFax to 844-253-5613 to reduce mailing and processing times. Previously, Part II of this form had to be mailed.
- An expanded section for reporting virtual currency.
- A penalty structure for employment tax and estate and gift issues.
- A check-box for inability to pay in full.
The updates reflect input from practitioners and stakeholders and take into account trends in the type of financial asset that taxpayers hold.
"This is an important form and process for people who recognize it's better to step forward and address their tax situations head-on, before facing IRS enforcement action," said Doug O'Donnell, Deputy Commissioner Services and Enforcement. "The revised form includes a number of updates, and we encourage people to review the guidelines and consult a trusted tax professional."
Thousands of taxpayers have used the Voluntary Disclosure Practice since its inception. It serves as a compliance option for taxpayers who have potential criminal exposure and wish to come into compliance with the tax laws. Those making such disclosure are still subject to civil examination and the payment of all applicable taxes, interest and penalties.
Taxpayers who did not commit any tax or tax-related crimes and wish to correct mistakes or file delinquent returns should consider other options available to comply with their tax and reporting obligations. The IRS encourages taxpayers to consult with professional tax or legal advisors in determining which option is the most appropriate.
A taxpayer's voluntary disclosure must be timely, accurate and complete. The taxpayer must also cooperate with the IRS in determining the correct tax liability, and make full payment of the tax, interest and any applicable penalties.
Cooperation includes full payment of all tax, interest and penalties. A taxpayer who is unable to make full payment may request that the IRS consider other payment arrangements. If a taxpayer anticipates they cannot pay the total amount of tax, interest and penalties required, they must disclose this and submit a proposed payment arrangement and a completed, and executed, Collection Information Statement (Form 433-A). The burden is on the taxpayer to establish inability to pay, to the satisfaction of the IRS, based on full disclosure of all assets and income, domestic and foreign, under the taxpayer's control.
IRS launches resource page on IRS.gov with latest details and information for taxpayers during filing season
During this tax season, taxpayers face a number of issues due to critical tax law changes that took place in 2021 and ongoing challenges related to the pandemic. To raise awareness about these issues and provide people with the latest timely information, the IRS has created a special tax season web page. This page will provide people with a quick overview of information to help people filing tax returns as well as those who have previous year tax returns awaiting processing by the IRS.
"The IRS is taking numerous steps to keep this tax season going smoothly while also taking additional action to address the inventory of tax returns filed last year," said IRS Commissioner Chuck Rettig. "We're off to a good start processing tax returns and issuing refunds. But we want people to have an easy way to see the latest information. This new page provides a one-stop shop for the latest key information people and the tax community may need."
The "special tax season alerts" page will be available through the IRS.gov home page and shared through social media and other channels.
The page will include the latest filing season updates. The IRS began tax season on January 24, and in less than two weeks more than 4 million tax refunds have gone out worth nearly $10 billon. Millions more will go out in the weeks ahead as the IRS enters an important period of the tax season.
The page also includes links to important information related to ongoing efforts by the IRS to address the inventory of unprocessed tax returns filed before this year. This includes steps to stop more than a dozen common letters to taxpayers, and updates on IRS operations and the number of unprocessed tax returns.
"The combination of the pandemic, new tax laws and numerous other factors led to an unprecedented amount of unprocessed tax returns and correspondence remaining in the IRS inventory during 2021," Rettig said. "We must continue pursuing innovative strategies while supporting the hard work and dedication of our employees to fulfill our commitment to return inventories to a healthy level before entering the 2023 filing season. These steps are making a difference. Refunds for tax returns and amended tax returns in the inventory continue to flow out to taxpayers."
The IRS continues to urge taxpayers to carefully review their tax filings for accuracy and file electronically with direct deposit to speed refunds. Special tips are available in several places on IRS.gov, including these top 5 tips; basics on the 2022 tax season and IRS Tax Time Guide.
IRS continues work to help taxpayers; suspends mailing of additional letters
These mailings include balance due notices and unfiled tax return notices. The IRS entered this filing season with several million original and amended returns filed by individuals and businesses that have not been processed due to challenges of the historic pandemic and is taking this step to help avoid confusion for taxpayers and tax professionals.
“IRS employees are committed to doing everything possible with our limited resources to help people during this period,” said IRS Commissioner Chuck Rettig. “We are working hard, long hours pushing creative paths forward in an effort to be part of the solution, rather than the problem. Our employees continue to expend every effort to balance a confluence of multiple, unprecedented demands − including successfully starting the filing season, working our inventory of unprocessed tax returns as well as looking for additional ways to minimize burden for taxpayers, tax professionals and businesses.
“Our efforts are not limited to suspension of these additional letters and the possibility of similar actions going forward. We have redeployed and reallocated resources throughout the IRS and have implemented innovative strategies in an ongoing effort to provide a meaningful reduction in our inventories,” Rettig said.
These automatic notices have been temporarily stopped until the backlog is worked through. The IRS will continue to assess the inventory of prior year returns to determine the appropriate time to resume the notices.
Some taxpayers and tax professionals may still receive these notices during the next few weeks. Generally, there is no need to call or respond to the notice as the IRS continues to process prior year tax returns as quickly as possible.
However, if a taxpayer or tax professional believes a notice is accurate, they should act to rectify the situation for the well-being of the taxpayer. For example, the IRS cautions people with a balance due that interest and penalties can continue to accrue. In addition, IRS employees may in select circumstances issue notices to particular taxpayers to resolve specific compliance issues.
The IRS does not have the authority to stop all notices as many are legally required to be issued within a certain timeframe. The IRS will continue to assess other changes and system modifications that the IRS may be able to implement to assist taxpayers on an array of issues. The IRS will continue to make information available to taxpayers throughout the filing season.
The IRS encourages those who have a filing requirement and have yet to file a prior year tax return or to pay any tax due to promptly do so as interest and penalties will continue to accrue. Visit IRS.gov for payment options.
View full list of suspended notices here.