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Ohio Use Tax Amnesty

Posted by: Brett Neate, CPA

The Ohio Budget Bill signed by Governor Kasich on June 30th includes a massive tax break for businesses delinquent in filing Use Tax returns.  Not only will interest and penalties be waived, but the tax itself will be abated for all pre-2009 periods!  The amnesty period runs from October 1, 2011 to May 1, 2013 and offers benefits to both registered and unregistered taxpayers. 

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Schedule SSA…Gone But Not Forgotten & New and Improved Form 8955-SSA…About Time!

In early March, the IRS released Announcement 2011-21, announcing that it would “soon” release the 2009 version of Form 8955-SSA, which is the replacement for the old Schedule SSA to Form 5500. The 2010 form was promised “later.” As of June 18, 2011, the IRS released the 2009 Form 8955-SSA, but to date still has not released the 2010 version of this form.

In general, a plan sponsor must file the 2009 Form 8955-SSA (for a single employer plan) if the participant separates from service covered by the plan in a plan year and the participant is entitled to a deferred vested benefit under the plan.  Form 8955-SSA must be filed no later than the plan year following the plan year in which the participant terminates employment with the employer.

It is anticipated that the 2010 Form will also require disclosure of individuals whose benefits were transferred in 2010 from another plan into the reporting plan, and individuals whose benefits ceased to be payable by the reporting plan during 2010 (because they received a distribution of their entire vested benefits in 2010).

As of now, what options does an employer have for satisfying the 2010 Form 8955-SSA filing requirement?

At present, there are three options:

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Draft Form 706 for 2010 decedents reflect law changes; Released on IRS website!

The draft Form 706 was posted to the IRS website. For your convenience, here is a direct link to the form http://www.irs.gov/pub/irs-dft/f706–dft.pdf.  It will only be used for decedents dying in 2010.  If electing the modified carryover basis and zero estate tax, the instructions to the form still don’t explain how to make the election. 

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