Many legislative changes were made by the Indiana General Assembly during the 2015 legislative session, one of which included a mandate for the Indiana Department of Revenue (IDOR) to implement a tax amnesty program before 2017.
Similar to the amnesty offered by Indiana in 2005, the program provides an opportunity for individuals and businesses to disclose and pay unreported taxes that were due and payable for a tax period ending before Jan. 1, 2013, in exchange for abatement of penalties, interest, and collection fees or costs that would have otherwise been imposed.
Taxpayers who are eligible to participate in the amnesty program and choose not to participate will be subject to an additional penalty, effectively doubling the penalty that would ordinarily be imposed on a delinquent liability. Taxpayers who participated in the 2005 amnesty program are not eligible to participate.
For more information, visit in.gov/dor/amnesty/.
Deadline to Complete the Report of Foreign Bank and Financial Accounts (FBAR) for Calendar Year 2014 is June 30, 2015.
Any U.S. person that has a financial interest in or signature authority over a foreign financial account, including a bank account, brokerage account, mutual fund, trust, or other type of foreign financial account may be required to report those accounts and balances to the Department of Treasury’s Financial Crimes Enforcement Network (FinCen).
Who Needs to File
Only U.S. persons that have a financial interest in or signature authority over foreign financial account(s) that have more than $10,000 maximum value at any point during the year must file. This is an aggregate determination. If the aggregate value of all foreign financial accounts is over $10,000 (even though there is no individual account over that threshold amount), an FBAR must be filed listing all foreign accounts.
Additionally, if there is a U.S. person that owns more than 50% of an entity that has a foreign account, the U.S. person and the entity must each file and report the foreign account information.
What to File
The account(s) and their associated information must be reported on Form 114, “Report of Foreign Bank and Financial Accounts” (formerly known as a TD.F 90-22.1).
Where to File
All FBAR forms must be filed electronically with FinCen through the BSA E-Filing System. That system can be accessed at http://bsaefiling.fincen.treas.gov/, or your KSM advisor can help facilitate this filing.
When to File
All FBAR filings related to calendar year 2014 are due by June 30, 2015. There are no extensions available.
The penalties for failure to file an FBAR are severe. There can be civil penalties of $10,000 for each non-willful violation. Additionally, if it is found that the violation is willful, the penalty can be the greater of $100,000 or 50% of the amount in the foreign account for each violation (each year that an FBAR wasn’t filed is viewed as a separate violation). Criminal penalties are also a possibility, including up to five years of imprisonment with increased monetary penalties.
Please contact your KSM advisor for additional assistance or for help completing this important U.S. government filing.
Katz, Sapper & Miller’s 2015 Indiana Legislative Update summarizes the tax and economic development legislative changes that occurred in this year's Indiana General Assembly. Topics Include:
Any U.S. person that had a foreign affiliate at any time during the U.S. person’s 2014 fiscal year is now required, for the first time, to file the Bureau of Economic Analysis’ (BEA) benchmark survey. The benchmark survey is due by May 29, 2015 (or June 30, 2015, if filing for more than 50 foreign affiliates).
Who Needs to File
“U.S. person” means any person that is a resident of the United States or subject to the jurisdiction of the United States. The term “person” is used in the broad legal sense and includes any individual, corporation, partnership, estate, trust, branch or other organization. A foreign affiliate includes any business enterprise located outside the United States that is directly or indirectly owned or controlled by a U.S. person to the extent of 10% or more of its voting stock, or an equivalent interest in an unincorporated business, including a foreign branch.
What to File
A Form BE-10 report is required of any U.S. person that had a foreign affiliate. The U.S. person must complete Form BE-10A. Additionally, the U.S. person must complete a Form BE-10B, BE-10C, or BE-10D as appropriate for each foreign affiliate. The basic application per foreign affiliate looks at three items (total assets, sales or gross operating revenues, or net income (loss)) and is:
Where to File
The BEA Benchmark Survey can be completed electronically on the BEA website at bea.gov/efile. New users can create an account by clicking the link on Step 1. If you eFile the survey, do not submit paper reports.
Fillable PDF files are also available on the BEA’s website. The fillable PDF files can be completed, printed, signed and mailed to:
U.S. Department of Commerce
Bureau of Economic Analysis BE-69(A)
Shipping and Receiving Section M-100
441 L Street NW
Washington, DC 20005
Fillable PDFs can be found at bea.gov/surveys/respondent_be10.htm.
U.S. persons that fail to submit the survey report may be subject to a civil penalty of not less than $2,500 and not more than $25,000, and to injunctive relief commanding such person to comply, or both. U.S. persons that willfully fail to submit the survey report shall be fined not more than $10,000 and, if an individual, may be imprisoned for not more than one year, or both.
The BEA has informally stated that they generally do not intend to pursue penalty enforcement. However, this was informal guidance that cannot be relied upon. Furthermore, consistent and repeated failures may eventually lead to application of the civil and criminal penalties.
A one-month extension can be requested by completing and submitting the BEA’s one-page extension request form before the original due date of the Form BE-10.
Please contact your KSM advisor for additional assistance.
Revenue Recognition Standard Potentially Delayed for a Year
The Financial Accounting Standards Board (FASB) has reached a decision to potentially delay the implementation of the new revenue recognition standard, Accounting Standards Update No. 2014-09, Revenue from Contracts with Customers (ASU 2014-09).
Under anticipated new guidance, ASU 2014-09 will become effective for public companies for annual reporting periods beginning after Dec. 15, 2017. Nonpublic companies will have to adopt the new standard for all annual reporting periods beginning after Dec. 15, 2018. The standard applies on a retroactive basis, so all periods presented will need to comply with the new revenue standards once adopted. The FASB has permitted early adoption for both public and nonpublic companies, but not before the original adoption date of public companies, which was for annual periods beginning after Dec. 15, 2016.
Once issued, the proposed ASU will be open to public comment for 30 days.
Presentation of Debt Issue Costs
On April 7, 2015, the FASB issued Accounting Standards Update No. 2015-03, Interest - Imputation of Interest (Subtopic 835-30): Simplifying the Presentation of Debt Issuance Costs (ASU 2015-03). ASU 2015-03 requires that debt issuance costs related to a recognized debt liability be presented in the balance sheet as a direct deduction from the carrying amount of that debt liability, not as an asset. The ASU does not affect the recognition and measurement guidance related to debt issuance costs. The ASU should be applied on a retrospective basis, when comparative balance sheets are presented.
ASU 2015-03 is effective for financial statements issued for fiscal years beginning after Dec. 15, 2015. Early adoption is permitted for financial statements that have not been previously issued.