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July 2014

June 2014

TSCPA Asks Lawmakers to Cosponsor Mobile Workforce Legislation

Today, the Texas Society of CPAs asked Senator John Cornyn and Reps. Sheila Jackson Lee (D-18) and Pete Sessions (R-32) to cosponsor H.R. 1129/S. 1645, the Mobile Workforce State Income Tax Simplification Act. Both Jackson Lee and Sessions cosponsored the House bill that passed by voice vote last year, but stalled in the Senate. The Mobile Workforce bill would establish a uniform national standard governing the withholding of state income taxes for non-resident employees. It would not apply to professional athletes, professional entertainers, and certain public figures.

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IRS Says Get Rid of Circular 230 Disclaimers from Emails

With final Circular 230 regulations out now, the IRS officially eliminated the previous section 10.35 on covered opinions that caused a ubiquitous disclaimer at the end of so many emails, newsletters, and other communications. Preparers can still include some sort of email notice for liability purposes, but the IRS clearly wants everyone to remove the boilerplate language that falsely asserts a tax advice disclosure pursuant to Circular 230 (or U.S. Treasury or the IRS). Karen Hawkins, director of the IRS Office of Professional Responsibility, told practitioners at a tax conference, “I'm here to tell you to get that jurat, that disclaimer, off your e-mails. It's no longer necessary.” Hawkins clarified during a recent webcast that if you are giving tax advice, it’s not a bad idea to use a disclaimer based on fact. However, continued inclusion of a standard disclaimer would be considered a misstatement. (The IRS reassigned section 10.35 provision to cover competence.)