Tax grab will push 400,000 mid-income earners into top band

Cuts in pension relief could hurt teachers and civil servants, while rise in income thresholds will also hit better off

 George Osborne gave with one hand – a surprise £1bn tax giveaway for working people, with an increase in the amount they can earn before paying income tax – but took with the other, as he revealed a £1bn tax grab from middle-earners, which will see 400,000 more people dragged into the 40% tax band.

Widely trailed changes to tax relief on pensions were tougher than expected, with the cap on tax-free contributions falling from £50,000 to £40,000. That reduction, combined with a cut in the "lifetime allowance" for pension savings from £1.5m to £1.25m, will earn the Treasury an extra £1bn.

The chancellor said the measures will affect just one in a hundred savers, but it provoked a furious backlash from the pension industry, which claimed the move would further alienate people from saving for retirement.

The changes to income tax will benefit more than 24 million people, the Treasury said. The personal allowance (that bit of your income on which you pay no tax) was due to rise to £8,105 in the current tax year and to £9,205 in 2013-14, but Osborne said it would now increase by £1,335 in April – £235 more than previously announced. That translates into a £47-a-year tax cut for working people.

Osborne said of the increase: "This is a direct boost to the incomes of people working hard to provide for their families. That's £47 extra in cash next year. We are within touching distance of the £10,000 personal allowance."

But the point at which individuals start paying tax at 40% will fall from £42,475 to £41,451, and then rise by just 1% a year thereafter. As a result, many more people will start paying higher-rate tax, with the government admitting that 400,000 more individuals will be thrown into the higher tax bracket by 2015/16.

The Taxpayers' Alliance, a rightwing lobby group, said: "The chancellor has sent out entirely the wrong message to those earning or hoping to earn the increasingly modest wage where almost half of your income starts to be taken in income tax and national insurance.

"Hundreds of thousands of new people are being ensnared by a punitive rate of tax."

The chancellor also said he is pressing ahead with the cut in the highest rate of tax to 45% from April next year, claiming that the 50% rate, rather than increasing total tax revenue, actually reduced it. "HMRC data reveals that in the first year of the 50% tax rate, tax revenues from the rich fell by £7bn and the number of people declaring incomes over £1m fell by a half. A tax raid on the rich that raises almost no money is a con."

But at the other end of the income scale, millions of working households will be hit by a real-terms cut in tax credits and child benefit. Osborne said most working-age benefit and tax credit increases would be pegged at 1% for the next three years, and previously planned freezes would go ahead.

Child benefit payments will also face further cuts. In a month's time, 1.2 million families with a higher earner will start losing some or all of their child benefit. Osborne had already announced that child benefit rates would be frozen for three years until April 2014, and on Wednesday said that after that, increases will only be 1% a year for the following two years, saving the public finances £175m, rising to £330m by 2017/18.

The government billed the changes to pension taxation as a measure that will only affect a tiny number of wealthy savers. Under the new rules, any payments into a pension scheme above £40,000 will in effect be hit with a charge set at the individual's marginal tax rate.

For someone earning more than £150,000 in the 2013/14 tax year, when the top rate of tax will be 45%, the cost of contributing £50,000 into a pension scheme will rise by £4,500.

But pension experts warn that the changes could also hit teachers, doctors and civil servants, who have a good final salary-based pension scheme.

According to figures prepared by Hargreaves Lansdown, someone earning £55,000 a year could face a tax charge of as much as £13,000 in 2013-14 as a result of the pension cap, although they can take advantage of unused pension allowances to minimise the charge.

The impact will be felt most by someone with a long service record who receives a pay rise towards the end of their career, which can have a significant impact on the final value of their pension.

Meanwhile, savers hoping for a big increase in tax-free Isa limits had their hopes dashed. In the face of collapsing interest rates paid to savers – thanks in part to the government's Funding for Lending scheme – pensioner and other groups had called on Osborne to raise significantly the amount savers can put in tax-free Isas. This would have helped to offset the impact of record low rates.

Instead, he raised the overall Isa contribution limit by less than inflation, to £11,520. The new limit, up from £11,280, comes into force next April. Half the new limit, £5,760, can be placed into a cash Isa. Last April the Isa limit rose by £600.

Osborne also said the government is consulting over whether to allow direct investment via an Isa into smaller and start-up firms, listed on the Alternative Investment Market, a move he said would boost enterprise.

Article source :http://www.guardian.co.uk

George Osborne: "This is a direct boost to incomes … we are within touching distance of the £10,000 personal allowance

Azure Global’s vision is to be widely recognized as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike for more info visit our site Azure Global and join us On Facebook 

Tax Strategy: IRS Whistleblower Program Ramps Up for Increased Activity

Large whistleblower awards have been making headlines lately. News of a record $108 million award paid out by the Internal Revenue Service in September, followed by media coverage of $38 million and $2 million awards only weeks later, seem almost more akin to reports on lottery jackpots than informant compensation

These awards -- and recent and pending improvements to an IRS Whistleblower Program that has been in operation since December 2006 -- will likely generate a flood of new claims and questions from potential whistleblowers. Employers, too, are becoming more anxious over the cost of nuisance suits, or worse, that may be encouraged by these whistleblower success stories. Strategies dealing with whistleblower claims require an understanding of what is and what is not possible under Code Sec. 7623(b), as well as the consequences of claims that end up not meeting the varied dollar and procedural requirements for a whistleblower award.

The success era 

BACKGROUND

The IRS Whistleblower Office was established in 2007 in response to the expanded scope of Code Sec. 7623 under the Tax Relief and Health Care Act of 2006. The 2006 amendments, which created Code Sec. 7623(b), imported concepts used within the False Claims Act proceedings into the Tax Code, enhanced by recoveries from 15 to 30 percent in certain situations. The existing IRS informant program was further enhanced by making qualifying awards mandatory (informant awards had been discretionary on the part of the IRS) and allowing for Tax Court review.

In June 2012, Stephen Whitlock, director of the Whistleblower Office, reported that since 2007, "Thousands of whistleblowers have reported hundreds of millions of dollars in suspected tax compliance issues, resulting in a wide range of audits and investigations. " 

TWO AWARDS PROGRAMS

Two types of whistleblower awards exist, as currently described inSecs. 7623(a) and (b):

• A mandatory Code Sec. 7623(b) award: If the taxes, penalties, interest and other amounts in dispute exceed $2 million (and, if the case deals with an individual, gross income for the year of the offense exceeds $200,000 for at least one of the tax years in question), the IRS will pay 15 percent to 30 percent of the amount collected; and,

• A discretionary Code Sec. 7623(a) award: If the disputed amounts do not meet the criteria in 7623(b), the awards are limited to 15 percent up to $10 million, the awards are discretionary, and the informant cannot dispute the IRS's decision in Tax Court.

The amount of the award under the Whistleblower Code Sec. 7623(b) provision has a 15 percent statutory minimum. From there, the Whistleblower Office is instructed to apply positive and negative factors, but with the analysis "not reduced to a single mathematical equation." Significant positive factors, considered first, can increase the award from 15 percent to 22 percent or 30 percent. Then significant negative factors may decrease those higher awards to 15, 18, 22, 26 or 30 percent. There are no dollar caps to an award under Code Sec. 7623(b).

A claim under either program must be submitted on IRS Form 211, Application for Award for Original Information. Form 211, among other information, requests the facts and all supporting information in the claimant's possession pertinent to the alleged violation, how the information was obtained, and the amount owed. Attachment of an explanation of facts and supporting documentation is required and other attachments are permitted. The Paperwork Reduction Statement on the back of the form claims that the average time to complete Form 211 is estimated at 35 minutes. Taking considerably longer to file a claim would certainly be advised, particularly since the IRS is not obligated to ask the whistleblower for supplemental information before rejecting a claim.

While submissions that do not qualify under Sec. 7623(b) will be processed under Sec. 7623(a), that section is far less advantageous. Under Code Sec. 7623(a), the award is at the discretion of the IRS, there is no statutory award percentage, and there is no appeal to the Tax Court or elsewhere.

Under either Sec. 7623(b) or (a), the IRS requires "specific and credible information" that results in the "collection of taxes, penalties, interest or other amounts from the noncompliant taxpayer." Whistleblowing is allowed only if there is substance behind the claim. The IRS will not act on "unsupported speculation." The IRS Web site, www.irs.gov, advises, "This is not a program for resolving personal problems or disputes about a business relationship."

All awards are considered taxable income. Attorney fees and court costs deductible above the line in the year the Sec. 7623(b) award is paid may qualify the recipient of the award to reduced withholding. The IRS has emphasized, however, that the reduced-withholding program is not an opportunity to determine a whistleblower's tax liabilities.

ACCELERATED TIMELINES

As late as 2011, Sen. Charles Grassley, R-Iowa, expressed concern about the timely processing of whistleblower claims by the IRS. The lack of timeliness on the part of the service in processing an award from start to finish has been a major complaint leveled by those representing whistleblowers. The IRS continues to warn applicants, "The process, from submission of complete information to the service until the proceeds are collected, may take several years." The Whistleblower Office reported that the first case under the 2006 act had been processed in fiscal year 2011.

Effective Aug. 1, 2012, the IRS implemented a new set of internal rules for its whistleblower program designed to streamline the award process. These new guidelines to internal IRS personnel (IRM 25. 2. 2) are a direct response to the many complaints leveled over the length of time it had been taking from filing an initial claim to receiving an award. Pending permanent rules, IRM 25. 2. 2 requires IRS personnel to follow this timeline:

Claims should be initially evaluated by the Whistleblower Office within 90 days;

Review by subject matter experts in IRS Operating Divisions and Criminal Investigation should be completed within 90 days of receipt from the Whistleblower Office; and,

Whistleblowers should be notified of an award decision within 90 days of when collected proceeds can finally be determined.

Whitlock has reiterated that timely and comprehensive evaluation of information provided by whistleblowers is essential to the success of the Whistleblower Program and that timeliness is the shared responsibility of the Whistleblower Office, the Operating Divisions, and Criminal Investigation. He also has admitted, however, that circumstances may not always permit action within this timeline, but that those situations should be the exception to the rule. The nature of the award itself also guarantees a significant wait between a claim and IRS notification of an award, since payment of the targeted tax liability by the taxpayer and expiration of refund and appeals periods are first required.

KEEPING CLAIMANTS INFORMED

The IRS in the past typically would not communicate at all with a whistleblower for years after a claim was submitted. Not until the tax was collected and an award determined was there any subsequent contact, or even acknowledgement of the claim by the IRS. Although Code Sec. 7623(b) authorizes the IRS to request assistance from the whistleblower and their counsel, such contact was infrequent at best. That may be changing as the continued participation of knowledgeable insiders becomes recognized as a valuable asset. In a recent directive to personnel, Whitlock commented that whistleblowers may have insights and information that can help the service understand "complex issues or hidden relationships."

The August 2012 directive advises that debriefing, whether in person or by telephone, is an important component of the evaluation of whistleblower information prior to a decision on whether the information should be referred to the field for audit or investigation. In fact, Whitlock hopes that "debriefings will be the rule, not the exception." He also recognizes that, with appropriate controls, interaction with a whistleblower during an audit "can assist in timely and correct resolution of issues." He goes so far as to recommend a Code Sec. 6103(n) confidentiality contract for services when disclosure of taxpayer information "is necessary to obtain a whistleblower's insights and expertise into complex technical or factual issues." 

MORE GUIDANCE COMING?

An August 2011 Government Accountability Office report recommended increased data collection to make the IRS's existing case management system a more effective tool for identifying aging cases, as well as for tracking decisions made by various IRS offices in the evaluation of whistleblower submissions. The IRS response to this report included a commitment to incorporate GAO recommendations into a broader review of user requirements. The IRS committed to full implementation of the GAO recommendations by Oct. 15, 2012, with "additional improvements during the winter of FY 2013." As of the submission of this article, no "implementation" has been made public, but an announcement was expected shortly.

Treasury officials have also promised new proposed regulations under the whistleblower section. They are expected to cover, among other issues, eligibility, the submission of claims and the administrative procedures under which a whistleblower can have a claim reviewed.

Azure Global’s vision is to be widely recognised as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike for more info visit our site Azure Global and join us On Facebbok