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Monday, August 13, 2018

2018 Expansion of Preparer Due Diligence Requirements

The Tax Cuts and Jobs Act expanded the preparer due diligence requirements to include the Head of Household filing status and the new credit for other dependents beginning with 2018 individual returns.
Recently the IRS released a draft of the 2018 Form 8867 (Paid Preparer’s Due Diligence Checklist) which included the changes needed for this expansion as follows:
  • New checkbox for Head of Household has been added to Part I which covers due diligence questions 1 - 8 that apply to the four credits and the head of household filing status.
  • The new credit for other dependents has been added as part of the child tax credit checkbox on Part I.
  • New Section V has been added which includes a question for the head of household status.
For more details on what these changes are see the draft of the 2018 Form 8867on the IRS website.
Also, be aware that the Section 6695 penalty amount for failure to comply with the preparer due diligence requirements has been increased to $520 for each of the applicable credits and the head of household filing status for 2018 returns. This could result in a $2,080 penalty per return if all the applicable credits are claimed, the head of household filing status is used and the IRS determines that the preparer did not follow their due diligence requirements.

Tuesday, August 7, 2018

Tax Security 101 – Tax professionals victimized by data thefts offer hard-won security lessons to colleagues

IRS Press Release:
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IR-2018-161, Aug. 7, 2018
WASHINGTON —  As cybercriminals continue to increasingly pursue tax professionals’ data, the Internal Revenue Service and the Security Summit partners today released lessons learned by victims in the tax community to help others avoid being targeted by identity thieves.
In recent years, hundreds of tax professionals experienced data thefts or breaches that exposed their clients’ personal information to cybercriminals and to tax-related identity theft.
Today, several of those tax professionals offer their suggestions to their colleagues, actions they wish they had taken to safeguard their customers and their businesses. The tips range from taking out cyber insurance to using stronger private networks. These suggestions – pulled anonymously from victimized professionals -- offer an opportunity for the tax community to learn from these common mistakes and avoid a devastating data loss for their clients and their business.
This is the fifth in a series called "Protect Your Clients; Protect Yourself: Tax Security 101." The Security Summit awareness campaign is intended to provide tax professionals with the basic information they need to better protect taxpayer data and help prevent the filing of fraudulent tax returns.
Although the Security Summit -- a partnership between the IRS, states and the private-sector tax community -- is making progress against tax-related identity theft, cybercriminals continue to evolve, and data thefts at tax professionals’ offices is on the rise. Thieves use stolen data from tax practitioners to create fraudulent returns that can be harder to detect and harder to distinguish from legitimate taxpayer returns.
Lesson: Get cyber insurance coverage
A common refrain from tax professionals who have been victimized by cybercriminals is they either were glad they had – or wish they had – insurance coverage for data loss.
Many tax professionals maintain business policies that may cover property and liability, but it may not fully coverage data thefts. Tax professionals victimized by these crimes recommend they also explore cyber coverage for data breaches. This may require an addendum or rider to the policy. Practitioners also suggest that that the dollar amount of the policy be large enough to cover expenses.
Some insurance companies provide teams of experts in the event of a data theft, assisting tax professionals in identifying the source of the data breach and resolving it. These teams may also help notify clients or provide extended protections. Just as important, these teams of experts may assist tax professionals proactively, helping make sure adequate safeguards are in place to prevent a data theft.
Another recommendation:  If using cloud storage, ask the cloud service provider about cyber insurance coverage in case the provider’s systems are breached.
Lesson: Password protect each client account
Many tax software products also enable tax professionals to password protect each client account. Tax professionals who have experienced data thefts acknowledge that this can be a hassle, but worth the trouble should they experience a breach. They suggest password-protecting every account as a critical safeguard against cyberthieves.
Strong passwords can help prevent cybercriminals from accessing computer systems and accounts. Passwords should be eight characters or longer, a mix of letters, special characters and numbers, include an easy to remember phrase and be unique for each account.
See Protect Your Clients, Protect Yourself: Tax Security 101 for more information on passwords and encryption.
Lesson: Use a virtual private network (VPN) for remote connections
Tax professionals who have been victimized also wish they had used a virtual private network (VPN) instead of remote access software. A VPN allows for teleworkers or branch offices to securely connect to the firm’s computer system and to send and receive information.
There have been cases where cybercriminals have taken over remote access of a tax professionals’ computer systems. In one example, the thieves remotely accessed client accounts via the tax pro’s computer, completed and e-filed pending returns and changed the deposit information to their own accounts.
Technology media often provide lists of top VPN services.
Lesson: Keep all security software updated
Tax professionals who experienced data thefts also suggest colleagues keep all security software up to date. This includes the computer operating system, anti-malware, anti-virus software, firewalls, etc. While most computers come with security software installed, tax professionals also can purchase additional security software products.
Updated software helps protect users from emerging threats that can lead to data thefts. Users can set the security software to update automatically.
In addition to these steps, the Security Summit reminds all professional tax preparers that they must have a written data security plan as required by the Federal Trade Commission and its Safeguards Rule. Tax Professionals  also can get help with security recommendations by reviewing the recently revised IRS Publication 4557, Safeguarding Taxpayer Data, and Small Business Information Security: the Fundamentals by the National Institute of Standards and Technology.
Publication 5293, Data Security Resource Guide for Tax Professionals, provides a compilation of data theft information available on IRS.gov. Also, tax professionals should stay connected to the IRS through subscriptions to e-News for Tax ProfessionalsQuickAlerts and Social Media.

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Read the original IRS Press Release here.

Wednesday, August 1, 2018

Tax Security 101: Security Summit reminds tax professionals to beware of spear phishing emails


IRS Press Release:
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IR-2018-157, July 31, 2018
WASHINGTON — The IRS and its Security Summit partners today reminded tax professionals that being targeted by spear phishing emails remains the most common way data thieves enter practitioner’s digital networks and steal client information. 
Tax professionals who fall victim to spear phishing tactics voluntarily disclose sensitive password information or voluntarily download malicious software, enabling thieves to breach their security systems. The Internal Revenue Service, state tax agencies and the nation's tax industry offer another reminder: Tax professionals themselves must be the first line of defense in protecting client data.
This is the fourth in a series called "Protect Your Clients; Protect Yourself: Tax Security 101." The Security Summit awareness campaign is intended to provide tax professionals with the basic information they need to better protect taxpayer data and to help prevent the filing of fraudulent tax returns.
Although the Security Summit -- a partnership between the IRS, states and the private-sector tax community -- is making progress against tax-related identity theft, cybercriminals continue to evolve, and data thefts at tax professionals’ offices are on the rise. Thieves use stolen data from tax practitioners to create fraudulent returns that are harder to detect.
Spear phishing emails differ from general phishing emails in that the thief has researched his target before sending an email. An email may appear to be from a colleague, a client, a cloud storage provider, tax software provider or even the IRS or the states. 
The objective of a spear phishing email is to pose as a trusted source and bait the recipient into opening an embedded link or an attachment. The email may make an urgent plea to update an account immediately. A link may seem to go to another trusted website, for example a cloud storage or tax software provider login page, but it’s actually a website controlled by the thief. 
An attachment may contain malicious software called keylogging that secretly infects computers and provides the thief with the ability to see every keystroke. Thieves can steal passwords to various accounts or even take remote control of computers, enabling them to steal taxpayer data.
For those who fall for a spear-phishing scam and ultimately allow a thief to access their email account, the criminal can use that access to create additional spear phish scams. The criminal does this by targeting those with whom the original user has exchanged emails, including clients, colleagues and friends.
Tips for tax professionals to avoid phishing scams
Educated employees are the key to avoiding phishing scams, but these simple steps also can help protect against stolen data: 
  • Use separate personal and business email accounts; protect email accounts with strong passwords and two-factor authentication if available.
  • Install an anti-phishing tool bar to help identify known phishing sites. Anti-phishing tools may be included in security software products.
  • Use security software to help protect systems from malware and scan emails for viruses.
  • Never open or download attachments from unknown senders, including potential clients; make contact first by phone, for example.
  • Send only password-protected and encrypted documents if files must be shared with clients via email.
  • Do not respond to suspicious or unknown emails; if IRS-related, forward to phishing@irs.gov.
In addition to these steps, the Security Summit reminds all professional tax preparers that they must have a written data security plan as required by the Federal Trade Commission and its Safeguards Rule. Tax professionals can get help with security recommendations by reviewing the recently revised IRS Publication 4557, Safeguarding Taxpayer Data, and Small Business Information Security: the Fundamentals by the National Institute of Standards and Technology.
Publication 5293, Data Security Resource Guide for Tax Professionals, provides a compilation of data theft information available on IRS.gov. Also, tax professionals should stay connected to the IRS through subscriptions to e-News for Tax ProfessionalsQuickAlerts and Social Media.

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You can read the original IRS Press Release here.

Tax Security 101: Tax professionals must use strong passwords, encryption to protect taxpayer data


IRS Press Release:
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IR-2018-151, July 24, 2018
WASHINGTON – The Internal Revenue Service and its Security Summit partners today urged all tax professionals to use strong passwords to protect accounts from cyberthieves and to consider encryption for all sensitive data.
Strong password and encryption protocols should be standard features of any data security plan that must be created by all professional tax return preparers. The Electronic Tax Administration Advisory Committee (ETAAC) noted in its recent annual report to Congress that many tax pros do not have data security plans that are required by the Federal Trade Commission.
This is the third in a series called “Protect Your Clients; Protect Yourself: Tax Security 101.” The Security Summit awareness campaign is intended to provide tax professionals with the basic information they need to better protect taxpayer data and to help prevent the filing of fraudulent tax returns.
Although the Security Summit is making progress against tax-related identity theft, cybercriminals continue to evolve, and data thefts at tax professionals’ offices is on the rise. Thieves use stolen data from tax practitioners to create fraudulent returns that are harder to detect.
In recent months, cybersecurity experts’ recommendations on what constitutes a strong password has changed. They now suggest that people use word phrases that are easy to remember rather than random letters, characters and numbers that cannot be easily recalled.
For example, experts use to suggest something like “PXro#)30” but now suggest a phrase like “SomethingYouCanRemember@30.” By using a phrase, you don’t have to write down your password and expose it to more risk. Also, people may be more willing to use strong, longer passwords if it’s a phrase rather than random characters.
Strengthen passwords
It is critical that all tax practitioners establish strong, unique passwords for all accounts, whether it’s to access a device, tax software products, cloud storage, wireless networks or encryption technology. Here’s how to get started:
  • Use a minimum of eight characters; longer is better.
  • Use a combination of letters, numbers and symbols, i.e., XYZ, 567, !@#.
  • Avoid personal information or common passwords; opt for phrases.
  • Change default/temporary passwords that come with accounts or devices.
  • Do not reuse passwords, e.g., changing Bgood!17 to Bgood!18 is not good enough; use unique usernames and passwords for accounts and devices.
  • Do not use email addresses as usernames, if that is an option.
  • Store any password list in a secure location, such as a safe or locked file cabinet.
  • Do not disclose passwords to anyone for any reason.
  • Use a password manager program to track passwords, but protect it with a strong password.
Whenever it is an option for a password-protected account, users also should opt for a multi-factor authentication process. Many email providers now offer customers two-factor authentication protections to access email accounts. Tax professionals should always use this option to prevent their accounts from being taken over by cybercriminals and putting their clients and colleagues at risk.
Two-factor authentication helps by adding an extra layer of protection. Often two-factor authentication means the returning user must enter credentials (username and password) plus another step such as entering a security code sent via text to a mobile phone. The idea is a thief may be able to steal your username and password, but it’s highly unlikely they also would have your mobile phone to receive a security code and complete the process.
Some providers of tax software products for tax professionals offer two-factor or even three-factor authentication. Tax practitioners should use the most secure option available, not only for tax software, but other products such as email accounts and storage provider accounts. Those hosting their own website should also consider some other form of multi-factor authentication to further increase login security.
Password-protected data encryption is also critical to protecting client information. Cybercriminals work hard through various tactics to penetrate networks or trick users into disclosing passwords. They may steal the data, hold the data for ransom or use tax professionals’ computers to complete and file fraudulent tax returns.
Basic steps for encrypting client data
Here are a few basic steps about encryption and protecting client data stored on computer systems:
  • Use drive encryption to lock all files on computers and on all devices. Drive or disk encryption often is a stand-alone software product. It converts text on files into an unreadable format for anyone who makes an unauthorized access. Entering the password unlocks the files for legitimate users. 
  • Backup encrypted copies of client data to external hard drives (USBs, CDs, DVDs) or use cloud storage. If using external drives, keep them in a secure location. If choosing cloud storage, encrypt the data before uploading to the cloud.
  • Avoid attaching USB drives and external drives with client data to public computers.
  • Avoid installing unnecessary software or applications to the business network; avoid offers for “free” software, especially security software, which is often a ruse by criminals; download software or applications only from official sites.
  • Perform an inventory of devices where clients’ tax data are stored, i.e., laptops, smart phones, tablets, external hard drives, etc.; inventory software used to process or send tax data, i.e., operating systems, browsers, applications, tax software, web sites, etc.
  • Limit or disable internet access capabilities for devices that have stored taxpayer data.
  • Delete all information from devices, hard drives, USBs (flash drives), printers, tablets or phones before disposing of devices; some security software includes a “shredder” that electronically destroys stored files.
  • Physically destroy hard drives, tapes, USBs, CDs, tablets or phones by crushing, shredding or burning; shred or burn all documents containing taxpayer information before throwing away.
In addition to these steps, the Security Summit reminds all professional tax preparers to have a written data security plan as required by the Federal Trade Commission and its Safeguards Rule. Tax professionals can get help with security recommendations by reviewing the recently revised IRS Publication 4557, Safeguarding Taxpayer Data, and Small Business Information Security: the Fundamentals by the National Institute of Standards and Technology.
Publication 5293, Data Security Resource Guide for Tax Professionals, provides a compilation of data theft information available on IRS.gov. Also, tax professionals should stay connected to the IRS through subscriptions to e-News for Tax ProfessionalsQuickAlerts and Social Media.


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Wednesday, July 25, 2018

IRS Accepting Renewal Applications for ITINs Expiring at End of 2018


In this the third year of the Individual Taxpayer Identification Number (ITIN) renewal program, as many of 2.7 million taxpayers will have their ITINs expire at the end of this year.

Under the Protecting Americans from Tax Hikes (PATH) Act all ITINs issued before 2013 expire over a four year period that began at the end of 2016. Also, any ITIN that has not been used for three consecutive years expire each year.

Therefore any affected taxpayer must submit a renewal application if they plan on using an ITIN that expires at the end of 2018 if they wish to use it on a 2018 return that will be filed during the 2019 filing season. The IRS is urging taxpayers to submit their renewal applications as soon as possible in order to beat the rush and avoid refund delays in the upcoming filing season.

Who Must Renew for the Upcoming Filing Season (Filing Season 2019)
At the end of this year the following ITINs will expire and must be renewed if an individual needs to use it on a 2018 federal return:

  • ITINs with middle digits of 73, 74, 75, 76, 77, 81 or 82.
  • The IRS will begin sending a CP-48 Notice (You must renew your ITIN to file your US tax return) to these affected taxpayers in the near future.
  • ITINs that have not been used at least once in the last three consecutive years (2015, 2016, or 2017).




How to Renew an ITIN
To renew an expiring ITIN an individual must complete a Form W-7 (Application for IRS Individual Taxpayer Identification Number), making sure to check the “Renew an Existing ITIN” checkbox, and submit it to the IRS in one of the following ways:
  • Mail the completed Form W-7 - along with the original identification documents or certified copies by the agency that issued them – to the IRS address listed on the form.
  • Use one of the many IRS authorized Certified Acceptance Agents or Acceptance Agents around the country
  • In advance, call and make an appointment at an IRS Taxpayer Assistance Center in lieu of mailing original identification documents to the IRS.


For renewals, the IRS does not require a tax return to be attached to the submitted Form W-7.

For more information see the following on the IRS website:


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