Tax

ITINs (Individual Taxpayer Identification Numbers) are used by people who have tax filing or payment obligations under U.S. law but who are not eligible for a Social Security number. Under the Protecting Americans from Tax Hikes (PATH) Act, ITINs that have not been used on a federal tax return at least once in the last three consecutive years will expire Dec. 31, 2019. Furthermore, ITINs with middle digits 83, 84, 85, 86 or 87 that have not already been renewed will also expire at the end of the year. Others do not need to take any action.

Affected taxpayers who expect to file a 2019 tax return in 2020 must submit a renewal application by filing Form W-7, Application for IRS Individual Taxpayer Identification Number. With nearly two million ITINs set to expire at the end of 2019, affected taxpayers should submit their renewal applications as soon as possible to avoid refund delays next year.

The IRS began sending the CP48 Notice, You must renew your Individual Taxpayer Identification Number (ITIN) to file your U.S. tax return, in early summer. This notice explains the steps to take to renew the ITIN if it will be included on a U.S. tax return filed in 2020.

Taxpayers who receive the notice after acting to renew their ITIN do not need to take further action unless another family member is affected. ITINs with middle digits of 70 through 82 have previously expired. Taxpayers with these ITINs can still renew at any time if they have not renewed already.

How to Renew an ITIN

Form W-7. To renew an ITIN, a taxpayer must complete a Form W-7 and submit all required documentation. Taxpayers submitting a Form W-7 to renew their ITIN are not required to attach a federal tax return. However, taxpayers must still note a reason for needing an ITIN on the Form W-7.

Family Option. Taxpayers with an ITIN that has middle digits 83, 84, 85, 86 or 87, as well as all previously expired ITINs, have the option to renew ITINs for their entire family at the same time. Those who have received a renewal letter from the IRS can choose to renew the family’s ITINs together, even if family members have an ITIN with middle digits that have not been identified for expiration. Family members include the tax filer, spouse and any dependents claimed on the tax return.

Spouses and dependents residing outside of the U.S.. If your spouse or dependent lives outside the U.S., they only need to renew their ITIN if filing an individual tax return, or if they qualify for an allowable tax benefit (e.g., a dependent parent who qualifies the primary taxpayer to claim head of household filing status.) In these instances, a federal return must be attached to the Form W-7 renewal application.

Important Reminders

As a reminder, the IRS no longer accepts passports that do not have a date of entry into the U.S. as a stand-alone identification document for dependents from a country other than Canada or Mexico, or dependents of U.S. military personnel overseas. The dependent’s passport must have a date of entry stamp, otherwise, additional documents are required to prove U.S. residency.

Federal tax returns that are submitted in 2020 with an expired ITIN will be processed. However, certain tax credits and any exemptions will be disallowed. Taxpayers will receive a notice in the mail advising them of the change to their tax return and their need to renew their ITIN. Once the ITIN is renewed, applicable credits and exemptions will be restored, and any refunds will be issued.

Don’t hesitate to call if you have any questions about renewing ITINs.

• By Leon Clinton
• August 28, 2019

Proposed regulations were issued by the IRS on June 18, 2019, regarding the new 1.4 percent excise tax on the net investment income of certain private colleges and universities. While the new excise tax is estimated to affect 40 or fewer institutions, it applies to any private college or university that has at least 500 full-time tuition-paying students (more than half of whom are located in the U.S.) and that has assets other than those used in its charitable activities worth at least $500,000 per student.

The proposed regulations define several of the terms necessary for educational institutions to determine whether the section 4968 excise tax applies to them. The IRS guidance clarifies how affected institutions should determine net investment income, including how to include the net investment income of related organizations and how to determine an institution’s basis in property.

These proposed regulations incorporate the interim guidance provided previously in IRS Notice 2018-55, Guidance on the Calculation of Net Investment Income for Purposes of the Section 4968 Excise Tax Applicable to Certain Private Colleges and Universities, stating that for property held by an institution at the end of 2017, the educational institution is generally allowed to use the property’s fair market value at the end of 2017 as its basis for figuring the tax on any resulting gain.

• By Leon Clinton
• August 23, 2019

The list of medical care services for a range of chronic conditions allowed to be provided by a high deductible health plan (HDHP) was expanded effective July 17, 2019. These medical services and items are limited to the specific medical care services or items listed for chronic conditions including hypertension, congestive heart failure, osteoporosis, asthma, depression, liver disease, and diabetes. Any medical care previously recognized as preventive care for these rules is still treated as preventive care.

Individuals covered by an HDHP generally may establish and deduct contributions to a Health Savings Account (HSA) as long as they have no disqualifying health coverage. To qualify as a high deductible health plan, an HDHP generally may not provide benefits for any year until the minimum deductible for that year is satisfied. However, an HDHP is not required to have a deductible for preventive care (as defined for purposes of the HDHP/HSA rules).

The Treasury Department and the IRS, in consultation with the Department of Health and Human Services, have determined that certain medical care services received, and items purchased, including prescription drugs, for certain chronic conditions should be classified as preventive care for someone with that chronic condition.

The expanded list includes (but is not limited to) beta-blockers, blood pressure monitors, inhaled corticosteroids, insulin, glucometers, Low-density Lipoprotein (LDL) testing, Selective Serotonin Reuptake Inhibitors (SSRIs), and Statins.

If you need more information about the expanded list of medical care services that are allowed and their associated chronic conditions, please call.

• By Leon Clinton
• August 20, 2019