Notice 2009-61 informs market participants that, for purposes of Sections 871, 881, 1441 and 1442, the Treasury and the IRS are considering issuing future guidance regarding the proper treatment of Fails Charges and that the IRS will not challenge a position adopted by a taxpayer or withholding agent that a Fails Charge is not subject to a US gross-basis taxation if that Fails Charge is paid prior to December 31, 2010, unless guidance is issued before that date.
Part III. Administrative, Procedural, and Miscellaneous Standards of Conduct for • How do difference in regulation and Avenue, NW, Washington, D.C. Com- the Tax Return Preparer oversight affect how the various ments may also be transmitted electron- Community and Increased groups of tax return preparers interact ically via the following e-mail address: with the Service and taxpayers? Notice.Comments@irscounsel.treas.gov. Taxpayer Compliance • Is there a minimum level of education Please include “Notice 2009–60” in and training necessary to provide tax the subject line of any electronic Notice 2009–60 return preparation services? If so, who communications. PURPOSE should be responsible for ensuring that All comments will be available for pub- a tax return preparer meets this min- lic inspection and copying. Because the This notice invites public comments imum level and how should that be Service intends to make recommendations regarding the Internal Revenue Service’s done? by December 31, 2009, comments, if any, review of issues concerning tax return • What, if any, service and outreach must be received by August 31, 2009. preparers. In June 2009, the Service an- should be provided to tax return pre- nounced plans to propose a comprehensive parers and taxpayers? Who should DRAFTING INFORMATION set of recommendations by the end of provide (and bear the costs for) these The principal author of this notice 2009 regarding how the tax return preparer needed services? is Richard S. Goldstein of the Office community can help increase taxpayer • Should tax return preparers be subject of Associate Chief Counsel (Procedure compliance and how to ensure that tax to a code of ethics, and, if so, what & Administration). For further infor- return preparers meet both uniform and specific behavior should that code pro- mation regarding this notice, contact high ethical standards of conduct. See mote or prohibit? How would that Richard S. Goldstein at (202) 622–3400 IR–2009–57 (June 4, 2009). The Service code of ethics interact with existing (not a toll-free call). is seeking the input of tax preparers, the ethical standards that may already be associated industry, consumer groups, and applicable? taxpayers before any recommendations • What, if any, responsibility should the Treatment of Fails Charges are made. firms or businesses that employ tax re- To assist in developing its proposals turn preparers have for the conduct of for Purposes of Sections 871, and to ensure that input is received from the individuals they employ? 881, 1441 and 1442 a broad range of stakeholders, the Service • What, if any, responsibility should tax has scheduled a number of meetings in return preparer professional organiza- Notice 2009–61 Washington, D.C., and around the country tions have for the education, training, In response to persistent delivery fail- with constituent groups. See IR–2009–66
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