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By Lynn K. Ching The Internal Revenue Service (IRS) Whistleblower Awards Program pays money to people who blow the whistle on persons who fail to pay taxes they owe. Internal Revenue Code 7623 permits the IRS to pay an award of up to 30 percent of the tax, penalty, interest and other amounts it collects as a result of the whistleblower information - to anyone who provides information that leads to the detection and punishment of persons violating the federal tax laws. In 2019, the IRS issued 181 whistleblower awards, totaling more than $102 million; in 2018, the IRS issued 217 awards, totaling more than $312 million; and in 2017, the IRS issued 242 awards, totaling more than $33 million. The IRS Whistleblower Program provides for two types of awards:…

Actress Lori Loughlin has been indicted on fraud and money laundering charges by a federal grand jury for their alleged roles in a college admission scandal. Federal prosecutors ultimately filed a superseding indictment against Loughlin alleging that she conspired to commit mail and wire fraud, honest services mail and wire fraud, and money laundering. According to the indictment Loughlin knowingly laundered bribes through charities and corporations set up by William “Rick” Singer, from outside the United States, for the purpose of promoting a fraudulent scheme. In particular, prosecutors allege that Loughlin paid Singer approximately $500,000 to get her daughters admitted to University of Southern California (“USC”) as crew recruits, even though neither daughter had previously rowed as crew. Prosecutors claim that Loughlin made payments to Key Worldwide Foundation, a non-profit…

By Anthony Diosdi In recent years, there has been a significant increase in business activities between U.S. persons and persons from third countries. When U.S. persons and foreign persons enters into arrangements to conduct business activities in the United States, it is not uncommon for the arrangement to be general or limited partnership, a limited liability company, or some other informal arrangement, all of which may be classified as a partnership for U.S. income tax purposes. A number of years ago, Congress was concerned that foreign persons generating profits from participating in any business arrangement that is classified as a partnership for U.S. income tax purposes were avoiding the payment of U.S. income tax. In an effort to close this potential loophole, Congress enacted legislation which in general requires that…

By Anthony Diosdi In general, when a domestic corporation pays a dividend to a foreign shareholder, a thirty percent (30%) tax is imposed. Recognizing that it is far more difficult for the Internal Revenue Service (“IRS”) to monitor when a foreign corporation pays a dividend, the tax law provides a mechanism to determine when funds invested in the United States in a U.S. trade or business are deemed “distributed” by the foreign corporation. This deemed “dividend equivalent” is at that time subject to a 30 percent tax- the so-called branch profits tax.The branch profits tax is imposed at 30 percent rate on a foreign corporation’s U.S. trade or business effectively connected earnings and profits (the “Earnings”). In general, the Earnings represent taxable income with adjustments to arrive at trust economic…

By Anthony Diosdi IntroductionThe Small Business Job Protection Act of 1996 (the “Act”) contained certain foreign gift reporting provisions. In order to facilitate compliance with the Act, the Internal Revenue Service (“Service” or “IRS”) developed Form 3520 entitled “Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts.” The Form 3520 must be filed by the due date (including extensions) of the U.S. recipient’s income tax return when he or she receives certain foreign gifts.Summary of the LawIn GeneralThe Act created reporting requirements for U.S. persons (other than certain tax exempt organizations) that receive gifts (including bequests) from foreign persons (i.e. anyone other than a U.S. person) that the recipient treats as a gift or bequest (presumably, non-taxable). Generally, if the value of the aggregate annual…