RECOMMENDATION 02041-001
RECOMMENDATION TEXT:
TAP agrees with the exemption and removal of identified accounts from section 6048 Reporting of Foreign Retirement Accounts and other methods of saving (i.e., College Savings Plans). TAP encourages the IRS to review other 6048 required information reporting that could be exempted under the IRS code, (section 6048 (d) (4)).
IRS Action: Partially adopted
TAP agrees with the exemption and removal of identified accounts from section 6048 Reporting of Foreign Retirement Accounts and other methods of saving (i.e., College Savings Plans).
RECOMMENDATION 02041-002
RECOMMENDATION TEXT:
Clearly identify and define the various retirement and/or saving plans affected by the above-mentioned RP on irs.gov. Ensure that the accounts are defined in the appropriate publications and have user friendly form instructions. Maintain a repository list of retirement plans that were previously exempt from reporting by the IRS. The details for penalty abatement need to be clearly outlined in publications and on irs.gov. The Penalty removal part of the RP needs to be clearly identified. Provide the means for individual taxpayers to seek clarity on an unlisted plan’s eligibility for relief.
IRS Action: Partially adopted
Clearly identify and define the various retirement and/or saving plans affected by the above-mentioned RP on irs.gov. Ensure that the accounts are defined in the appropriate publications and have user friendly form instructions. Maintain a repository list of retirement plans that were previously exempt from reporting by the IRS. The details for penalty abatement need to be clearly outlined in publications and on irs.gov. The Penalty removal part of the RP needs to be clearly identified. Provide the means for individual taxpayers to seek clarity on an unlisted plan’s eligibility for relief.
RECOMMENDATION 02041-003
RECOMMENDATION TEXT:
Clarify if a taxpayer who in good faith believes that his/her foreign pension plan meets the criteria for relief under RP2020-17 would qualify for Reasonable Cause abatement / Deficiency Procedures (for any tax year). If this position is disclosed in the return filed for that year and or the IRS later determines the plan did not meet the definition in the revenue procedure.
IRS Action: Partially adopted
The IRS will take this recommendation under advisement; however, the recommendation is requesting changes related to the substantive provisions of the statute that would require published guidance. The IRS will need to carefully consider this substantive proposal in light of the statutory requirements, existing guidance, rulemaking authority and policy considerations. Reasonable cause is well established in case law and will be granted if the established standards are met. Please refer to IRM 20.1.1.3.2 for reasonable cause.
RECOMMENDATION 02041-004
RECOMMENDATION TEXT:
The The definitions in RP 2020-17 do not seem to be indexed for inflation. Retirement plan limits within the US are always indexed for inflation.
The value of the dollar versus foreign currency fluctuates. In fact, a tax-favored foreign retirement trust or a tax-favored foreign non-retirement savings trust may qualify for the exemption and then may not qualify at a later date even though there is no change to the tax-favored foreign trust. Add a provision that would keep the exempt status of a tax-favored foreign account once such an account meets the guidelines/requirements.
We recommend indexing for inflation and retaining exempt status for accounts once they qualify, provided there are no significant changes in the foreign accounts.
IRS Action: Partially adopted
The IRS will take this recommendation under advisement; however, the recommendation is requesting changes related to the substantive provisions of the statute that would require published guidance. The IRS will need to carefully consider this substantive proposal in light of the statutory requirements, existing guidance, rulemaking authority and policy considerations.