Extension

PA Updates Limitation Statutes on Tax Exemptions, Liabilities

Date December 19, 2019
Categories
Article Authors
HBK CPAs & Consultants

In an unusual move, the Pennsylvania legislature passed a mid-year tax bill. The Act includes the 10-year statute of limitations for the Pennsylvania Department of Revenue (PDR) to collect outstanding liabilities, a sales tax exemption for a financial institution’s purchase of software, a requirement for banks to participate in the Financial Information Data Match (FIDM) for outstanding tax liabilities, and an extension of the criminal tax statute of limitations.

Effective January 1, 2021, the PDR will have 10 years to collect outstanding liabilities. This ten-year statute of limitations is effective for tax liens filed after January 1, 2021. The Department has until 2031 to collect on liens filed prior to 2021. The statute will not include a liability under appeal. The statute also does not apply in the following situations:

  • The failure to remit trust fund taxes (i.e. sales and employer withholding)
  • The filing of a false or fraudulent tax return
  • Willfully failing to file a return or report as required by law
  • Attempting to evade or defeat a tax
  • Not paying liabilities related to criminal convictions
  • An instance of inheritance tax
  • Unknown liabilities that have not been extinguished prior to the commencement of a subsequently enacted or approved tax amnesty program

    Beginning November 27, 2019, purchases of canned computer software used directly for conducting the business of banking will be exempt from sales and use tax. The exemption applies to financial institutions that are subject to the Bank and Trust Company Shares Tax or the Mutual Thrift Institutions Tax. The term “directly utilized in conducting the business of banking” is defined to include a financial institution’s purchase of canned computer software to be used in transactions with customers and service providers. It does not include the purchase of canned computer software by entities other than financial institutions such as holding companies or financial institution subsidiaries.

    The Act also requires financial institutions to participate in the FIDM program for unpaid tax liabilities. On a quarterly basis, financial institutions must make a reasonable effort to provide the PDR with any asset information an obligator may have. This program is similar to the program financial institutions participate in related to uncollected child support payments. Pennsylvania joins a growing number of states that require participation in the collection of outstanding tax liabilities.

    Effective November 27, 2019, a three-year statute of limitations was applied to criminal tax prosecutions. However, an offense provided for under Title 18 Pa.C.S. (crimes and offenses), relating to misconduct under the tax statutes must be prosecuted within five years after the commission of the offense. In addition to any fine and/or imprisonment, the PDR will be entitled to restitution from any taxpayer convicted under the criminal provisions.

    For questions, please contact HBK’s State and Local Tax leader and Tax Advisory Group member, Suzanne Leighton, CPA, MST at SLeighton@hbkcpa.com.

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    IRS Extends Filing Dates for Providing Certain ACA-Related Forms

    Date December 5, 2018
    Categories
    Article Authors
    Michael E. Walston
    Michael E. Walston

    The IRS extended the due dates for furnishing individuals with certain forms related to the Affordable Care Act (ACA).

    According to a recent announcement by the agency, it will allow sponsors of coverage who file the 2018 Health Coverage Form 1095-B and companies which file the 2018 Employer-Provided Health Insurance Offer Coverage Form 1095-C an extension from January 31, 2019 to March 4, 2019. No additional extensions for provision of these forms will be permitted.

    The recent IRS notice announcing the change did not include extensions for filing forms 1094-B, 1095-B, 1094-C, and 1095-C with the IRS. The deadline for those forms is still February 28, 2019, if they are filed traditionally and April 1, 2019, if they are filed electronically. However, a 30-day extension for filing these forms with the IRS is still available through submission of Form 8809, the standard Application for Extension of Time to File Information Returns form.

    The IRS has also provided guidance to individuals who do not receive Form 1095-B or Form 1095-C by the time they file their 2018 tax returns due to these extensions. The agency said via their update, “Taxpayers may rely on other information received from their employer, or other coverage provider, for purposes of filing their returns, including determining eligibility for the premium tax credit and confirming that they had the required minimum essential coverage. Taxpayers do not need to wait to receive Forms 1095-B and 1095-C before filing their returns.”

    In addition, the notice provides relief from certain penalties to any reporting entity that can show they have made good faith efforts to comply with IRS reporting requirements for 2018 (both for furnishing said forms to individuals and for filing with the IRS) as they relate to incorrect or incomplete information contained on tax returns/forms. This applies to missing and inaccurate taxpayer identification numbers and errors in dates of birth or other identification information required on a tax return/form. No relief is provided in the case of reporting entities that cannot prove they made good faith efforts to comply with the regulations, or which fail to file appropriate and required tax returns/forms or statements by their due dates.

    Please contact Michael Walston at mwalston@hbkcpa.com, or your HBK representative with any questions on this matter or others related to filing tax forms.

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