Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

IRS Proposes Changes in Reportable Transaction Penalties

Author: James F. McDonough

Date: October 15, 2015

Key Contacts

Back

On Friday, Aug. 31, the IRS announced proposed regulation changes for the amount of penalties for failure to disclose required reportable transaction information. According to Forbes contributor and tax law professor Timothy Todd, these new changes require taxpayers to properly disclose reportable transaction information to the to the IRS. Any penalties imposed by IRS for a violation must be disclosed to the Securities and Exchange Commission.

The proposed regulatory changes for a reportable transaction

The IRS proposed the changes to section 6707A regulations to make a clarification of the exact amount in penalties owed for failure to properly disclose reportable transaction information. Specifically, the IRS deems reportable transactions as any transaction with the potential for tax avoidance and/or tax evasion, which include listed transactions and tax shelters. However, the penalties also extend to taxpayers that fail to disclose certain reportable taxes to the SEC. These changes uphold and further elaborate on changes amended under the Small Business Jobs Act of 2010.

The proposal impacts five specific tax regulations

These changes will alter five regulations currently in place, including clarifying the definition of a return, defining the decrease in calculating penalties, explaining the definition of listed transactions, distinguishing the minimum and maximum amounts of the penalties and outlining transactions that are applicable to the penalties.

The definition of a return is clarified in the proposal as simply “return,” as opposed to the current regulations which deem returns as either original, amended or applications for tentative refund.

The next change would clarify the definition of the tax decrease used in calculating the penalties. What this means is that the decrease in tax that the difference in the amount of tax an individual reported on the filed return will be calculated with the amount of tax the individual should have filed on the return. It also clarified that the return with the amount that the individual should have filed will reflect adjusted gross income resulting from his or her participation in the reportable transaction. This is significant because it confirms regulations under section 6707A that deem penalties for failure to disclose reportable transaction are 75 percent of the decrease in tax filed, rather than an exact dollar amount.

Further, the new IRS proposals clearly define listed transactions that need to be reported. This includes taxpayers that participated in a reportable transaction one year prior to the new proposed regulations. Therefore, with these clarified transactions, the new penalty amount will be calculated by the aggregate decrease in taxes for all non-disclosed reportable transactions on all returns. Previous IRS guidance allowed taxpayers to use a single disclosure statement to disclose multiple participation years, which meant that a taxpayer would be subject to only one penalty, regardless of how many unreported transactions existed on the return.

Another major change proposed involves the ambiguity of the penalties applicable for taxpayers failing to report to the SEC. These penalties are now clarified, as are the maximum and minimum amounts of the penalties. With the proposed changes, penalties would be applied to each infraction.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities post image

Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]

Author: Dan Brecher

Link to post with title - "Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities"
Why Compliance Monitoring Matters for NY and NJ Businesses post image

Why Compliance Monitoring Matters for NY and NJ Businesses

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]

Author: Dan Brecher

Link to post with title - "Why Compliance Monitoring Matters for NY and NJ Businesses"
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!