Deck 9 Flashcards
General statute of limitations
3 years
25 percent understatement of gross income (statute of limitations)
6 years
Statute of limitations on refunds:
The later of: (1) three years later from the date the return was filed or the original due date of the return; or (2) two years from the time tax was paid
Statute of limitations on bad debts
Bad luck = 7 years
Taxpayer is required to make estimated quarterly tax payments if both of the following conditions are met:
1) $1,000 or more in tax liability
2) Inadequate tax estimates (lessor of 90% of current year’s tax; or 100% of last year’s tax
Exception for inadequate tax estimates
Taxpayer had AGI in excess of $150,000 in the prior year, 110 percent of the prior year’s tax liability is used to compute the safe harbor
In determining whether to provide advice in writing, the tax preparer should consider, among other factors, the
Sophistication of the tax client
When a CPA discovers an error in a previously filed return, the CPA must:
Promptly notify the client of the error (Cannot prepare amended return without the client’s permission)
What happens when a tax return has a known frivolous position?
The CPA cannot sign or prepare a tax return
Hierarchy of authority in the tax law
1) Internal revenue code, 2) IRS regulations (federal tax regulations), 3) Tax court decisions, and 4) IRS Agents’ Reports
Statements on Standards for Tax Services (SSTS)
1) tax return positions, 2) answers to questions on returns, 3) aspects of preparing returns, 4) use of estimates, 5) departure from a position previously concluded in a court hearing, 6) knowledge of error, 7) form and content of advice to taxpayers
Tax return positions (SSTS)
Realistic and reasonable, more-likely-than-not-standard is the highest level of support
Aspects of preparing returns (SSTS)
Generally, not responsible to verify information provided by a taxpayer
Use of estimates (SSTS)
Is allowed; disclosure of estimates is not required
Knowledge of error (SSTS)
Notify taxpayer; cannot notify taxing authority