ABATax: IRS Taxpayer Advocate Service Legislative Proposal, 2001

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Section of Taxation
Submission to the IRS

Taxpayer Advocate Service
Legislative Proposal

Immediate

Subject Matter: Estimated Tax Safe Harbors
   
Brief Description of Issue (include examples if available):  

Section 6654 imposes an interest charge on underpayments by individuals of estimated income taxes, which generally are paid by self-employed individuals.

This interest charge generally does not apply if the individual made estimated tax payments equal to the lesser of (a) 90 percent of the tax actually due for the year or (b) 100 percent of the tax due for the immediately prior year. The availability and computation of the prior year safe harbor has been adjusted by Congress repeatedly during the past decade. Currently, for individuals with adjusted gross income exceeding $150,000, the prior year safe harbor percentage increases and decreases from year to year. The purpose of these changes is to shift revenues from year to year within the five- and ten-year budget windows used for estimating the revenue effects of tax legislation.

   
Proposed Legislative Change: Rationalize estimated tax safe harbors. An appropriate safe harbor percentage (perhaps 100%) should be determined and applied for all years. Consideration should also be given to simplifying estimated taxes (for example, by the enactment of a meaningful safe harbor) for all corporations.
   
Benefits/Impact of Legislative Change (include the number of taxpayers impacted if known):  Reduce complexity.
   
Internal Revenue Code Cites. Code section 6654.

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