covid

Surprise Refund Opportunity? Millions of Taxpayers May Be Owed COVID-Era Penalty Refunds

by with No Comment Tax, AdvisoryCovid-19ABLE Exclusive

The pandemic disrupted… well, everything.

Business operations. Filing deadlines. IRS processing. Even the way taxpayers interacted with the government changed almost overnight.

Now, years later, a federal court case is reopening a question many assumed was already settled:

Did the IRS improperly assess certain penalties and interest during the COVID era?

And if so…

Could taxpayers actually get that money back?

For millions of individuals and businesses, the answer may be yes.

Why This Matters Right Now

A recent federal court decision interpreted disaster relief rules in a way that could dramatically expand pandemic-related deadline relief for taxpayers.

The ruling centers around a provision in the tax code that automatically postpones certain tax deadlines during federally declared disasters.

Since the federal COVID disaster declaration remained in effect from January 2020 through May 2023, the court concluded that many filing and payment deadlines during that window may have been postponed much longer than previously understood.

The practical impact?

Some penalties for late filing, late payment, and even related interest charges assessed during the pandemic years may not have been legally owed in the first place.

That means taxpayers who paid those amounts could potentially qualify for refunds.

The Clock Is Already Ticking

Here’s the part taxpayers shouldn’t ignore:

For many people, the deadline to preserve refund rights may be July 10, 2026.

That deadline is tied to the statute of limitations for filing refund claims with the IRS.

And this is where things get tricky.

The legal issue is not fully resolved yet. The federal government is expected to challenge the court’s decision through the appeals process.

But waiting for the final outcome could create a problem.

If taxpayers miss the filing deadline while the case works its way through the courts, they could permanently lose the ability to claim a refund later — even if the courts ultimately rule in favor of taxpayers.

That’s why many advisors are encouraging affected taxpayers to consider filing what’s called a “protective refund claim.”

What Is a Protective Refund Claim?

Think of it like reserving your place in line.

A protective refund claim doesn’t guarantee a refund.

Instead, it preserves your right to request one later if the courts ultimately uphold the broader interpretation of the COVID-era deadline relief rules.

Without filing a claim before the statute expires, taxpayers may lose the ability to recover certain penalties and interest altogether.

Who Could Be Affected?

Potentially affected taxpayers may include:

    • Individuals who filed tax returns late during the pandemic years
    • Businesses assessed late payment penalties
    • Taxpayers who entered installment agreements after penalties accrued
    • Individuals or companies who paid significant IRS interest charges between 2020 and 2023
    • Taxpayers whose filing or payment deadlines fell during the federal COVID disaster period

This could apply across multiple tax years and multiple return types.

In some situations, the potential refunds may be relatively small.

In others — particularly for businesses or higher-income taxpayers with larger balances due — the amounts could be substantial.

There’s One Big Frustration

Ironically, the process itself may feel a little… outdated.

Current guidance indicates these refund claims generally must be submitted on paper rather than electronically.

That means taxpayers may need to prepare and mail formal documentation to the IRS to preserve their rights.

Not exactly ideal in 2026.

It’s one reason taxpayer advocates are pushing for broader systemic relief rather than requiring millions of individual paper filings.

Why This Could Become a Bigger Story

This issue highlights something many taxpayers learned during the pandemic:It is one of the largest financial decisions many families make.

Tax law gets complicated fast when emergency relief measures collide with real-world administration.

The IRS issued wave after wave of temporary guidance during COVID. Filing dates shifted. Payment deadlines changed. Enforcement priorities evolved.

Now the courts are stepping in to clarify whether some of those timelines were applied correctly.

And depending on how the appeals process unfolds, this could become one of the more significant post-pandemic taxpayer relief developments we’ve seen.

What Taxpayers Should Do Now

If you or your business paid IRS penalties or interest connected to filing or payment delays during the COVID years, this is worth reviewing sooner rather than later.

Waiting until the legal outcome is finalized may not be the safest strategy if filing deadlines expire first.

Every taxpayer situation is different, and eligibility may depend on timing, tax years involved, and the specific penalties assessed.

Questions About Whether You May Qualify?

If you believe you may have been affected by COVID-era IRS penalties or interest charges, contact our office.

We can help review your situation, determine whether filing a protective refund claim makes sense, and help you understand the potential opportunities — before important deadlines pass.

 

foreign travel

Unlocking Tax Savings: Navigating the Complex World of Foreign Travel Deductions

by with No Comment ABLE Exclusive

When engaging in business overseas, it’s crucial to understand how travel expenses are treated under U.S. tax law. Unlike domestic travel, where transportation costs are often fully deductible if the trip is “primarily” for business, foreign travel requires a more granular day-by-day calculation to account for personal time. This article provides a detailed look at what constitutes a business day versus a personal day, and how these distinctions affect the deductibility of travel expenses.

No Itemized Deductions – First, understand all deductions referenced in this material refer to expenses deducted by a business as part of a business’ tax return and not as an itemized deduction by an employee. Under TCJA and OBBBA employee business expenses are no longer allowed as an itemized deduction.   

The “All or Nothing” Exceptions – Under IRS Publication 463, an entire international transportation cost (airfare, trains, or ships) can be considered a business expense if the taxpayer meets any one of four primary exceptions:

    1. The One-Week Rule: Taxpayer is outside the United States for seven consecutive days or less. In this count, do not include the day leaving the U.S., but do include the return day.
    2. The 25% Rule: Taxpayer is away for more than a week, but less than 25% of the total time outside the U.S. is spent on personal activities. In this calculation, count both the day of departure and the day of return as business days.
    3. Lack of Control: Taxpayer who does not have “substantial control” over arranging the trip. Generally, this means they are not a managing executive or related to the employer. 
    4. Primary Motivation: Taxpayer can establish that a personal vacation was not a major consideration in the decision to make the trip.

If the taxpayer does not meet any of these exceptions, they must allocate their transportation costs based on the ratio of business days to the total number of days abroad.

Business Days – The definition of a business day for tax purposes is broader than just time spent in meetings. A day is classified as a business day if it falls into one of the following categories:

    • Transportation Days: Days spent traveling directly to or from a business destination. If a non-direct route is taken for personal reasons, only count the days it would have taken to travel a reasonably direct route.
    • Days of Presence: Any day where presence is required at a specific place for a bona fide business purpose. Even if the actual business task takes only an hour, the entire day counts as a business day.
    • Principal Activity Day: This is any day where the principal activity during normal business hours is the pursuit of a trade or business. Generally, this means more than half of normal business hours (usually more than four hours) are dedicated to work.
    • The “Sandwich” Weekend Rule: Weekends, holidays, and other standby days are treated as business days if they fall between two business days and it would not be practical to return home. For example, if there is a meeting on Friday and another on Monday, the intervening Saturday and Sunday are business days.
    • Circumstances Beyond Control: Days the individual intended to work but were prevented from doing so by unforeseen circumstances, such as weather or a strike, count as business days.

Personal Days – These are days where the main activity is personal in nature, such as sightseeing or visiting with friends and family. Days that are not spent working, and don’t bookend business activities, are generally considered personal.

Allocation of Expenses – To allocate expenses correctly, one must compute the ratio of business days to the total number of days on the trip. This ratio determines the proportion of travel costs deductible against business income.

    1. Travel Costs – Include transportation expenses such as airfare and train tickets. These costs are generally allocated based on the percentage of business days to total days.
    2. Accommodation and Meal Costs – Generally, only the portion of these expenses that correspond to the business days are deductible. However, there are exceptions, such as when staying over a weekend between business activities, where accommodation remains deductible.
    3. Incidental Expenses – Expenditures such as tips, local transportation, currency exchange fees, and calling cards—related to business—are deductible on the business days incurred.

Special Considerations for Foreign Travel – Several specific rules may impact the deductibility of travel expenses in foreign countries:

    1. Travel Primarily for Business – If the trip is primarily for business, and not merely a vacation that incidentally includes business activities, transportation costs to and from the overseas location are typically fully deductible. The trip is primarily for business if more than 50% of the days are business days.
    2. Travel Primarily for Personal Reasons – If the trip is primarily for personal reasons, no travel costs can be deducted, but expenses directly attributable to business activities during the trip (e.g., conference fees) may be.
    3. Travel Outside Continental U.S. for More Than a Week – If the trip is longer than one week and includes both business and personal activities, the taxpayer must allocate their travel expenses. However, if less than 25% of the time abroad is for non-business purposes, the IRS may allow full deductibility of transportation costs.
    4. Exceptions – Trips that include significant personal aspects but are uncontrollably lengthened due to business reasons (like attending last-minute meetings) can still result in a significant portion of their costs being deductible.

Examples – Consider the following scenarios that differentiate between primarily business, primarily personal, and mixed-use travel:

    1. Primarily Business Travel Example:
      • A business consultant based in Miami spends two weeks in Paris. The first 10 days involve business meetings, followed by a 4-day vacation. All travel costs to and from Paris are deductible because more than 50% of the trip is for business.
      • Expenses incurred directly for business (conference fees, business-related meals) are also deductible. Accommodations and meals for the full stay, considering the intermingling of business activities, are apportioned according to business days.
    2. Primarily Personal Travel Example:
      • An architect travels from Seattle to Rome for 10 days, attending a 3-day seminar. The trip is primarily for leisure, as less than 50% of the time is business-related.
      • Only the seminar fee and any directly related expenses (business meals during the seminar) are deductible.
    3. Mixed-Use Travel Example:
      • A consultant travels from the U.S. to London for 12 days: 6 for business and 6 for leisure. If they attended meetings on the first 3 and last 3 days, travel days could be counted as business days.
      • Accommodation and meal costs should be apportioned 50% as business expenses, corresponding with 6 business days out of 12.
      • The IRS might allow a more favorable split for transportation costs if work commitments influenced the travel duration.

      Recordkeeping – Meticulous documentation is crucial to substantiate travel deduction claims. Recordkeeping should include:

        • Receipts and Itineraries: For all accommodation, meals, and relevant business transaction proof.
        • Diaries or Logs: Detailed logs of daily activities distinguishing business from personal activities.
        • Correspondence and Agenda: Emails or memos confirming meetings, seminars, or work done overseas.

      Conclusion – Navigating the complexities of deducting foreign travel expenses requires careful consideration of IRS rules regarding what constitutes business days and how to allocate costs appropriately. By understanding these regulations and maintaining diligent records, you can ensure compliance while capitalizing on deductive opportunities.

      Contact this office with questions or assistance with issues related to foreign business travel.

       

       

       

       



       

       

       

       



       

       

       

       

      home title

      Keeping It in the Family: Tax Risks and Benefits of Home Title Transfers

      by with No Comment ABLE Exclusive

      A frequently encountered issue is when an elderly parent turns the title of his or her home over to an adult child or other beneficiary and continues to reside in the home, thinking that is the correct thing to do but without considering the tax repercussions. While “parent” and “child” are referenced in this analysis, these rules are equally applicable to any other relative or even to an unrelated person. 

      This situation raises important tax questions:

        • How is a future sale of the home treated if it is sold before the parent’s death?
        • Will the Sec 121 home sale gain exclusion apply?
        • Is a gift tax return required?
        • What is the tax result if the parent continues to reside in home?
        • What is the tax result if the parent moves out of the home?

      Parent Continues to Reside in the Home – If a parent continues to reside in their home and maintain ownership privileges without a formal written life estate deed, it typically results in an implied or de facto life estate. In this scenario, the homeowner transfers the title to another person, often an adult child, but continues to live at the property and act as if they own it without executing a formal life estate deed.

      A formal life estate is generally established through a deed explicitly reserving lifetime occupancy rights, whereas a de facto arrangement emerges based on the behavior of the involved parties.

        • Key Features:
          • Transfer of Title: The original property owner transfers legal ownership to another party, known as the “remainderman” or “remainder beneficiary.”
          • Continued Residency: The original owner remains living in the home, financially responsible for taxes, and maintaining the property as though they retain ownership.
          • Informal Agreement: Unlike a formal life estate, this arrangement might not be documented in writing; however, all parties understand that the original owner will stay for life.
          • Risks: Without formal written documentation for a de facto life estate, the original owner faces the risk that the new titleholder could sell the home and undermine their intended arrangement.
        • Tax and Legal Considerations: The IRS often classifies a de facto life estate as a retained life interest under Section 2036 of the Internal Revenue Code, leading to several implications:
          • Inclusion in Estate: At the time of the resident’s death, the full fair market value of the property is included in their estate for tax purposes, despite the prior transfer of legal title.
          • Basis Adjustment: The beneficiary benefits from a “step-up” in basis to the fair market value at the original owner’s death, potentially reducing future capital gains taxes if the property is sold.
          • Gift Tax Implications: Since the original owner keeps the right to reside in the home, the transfer is often seen as an “incomplete gift,” generally negating the need for an immediate gift tax return.
          • Medicaid Considerations: Informal property transfers might fall under scrutiny during the Medicaid “look-back” period, affecting eligibility for long-term care benefits.

      Parent No Longer Resides in the Home: If an elderly parent transfers the title but does not continue living in the home, it is considered a gift. Since no life estate is established, a gift tax return is necessary, and the child’s basis in the home would be the parent’s adjusted basis at the time of the gift. Moreover, if the child later sells the home, they will only qualify for the Section 121 home sale gain exclusion if they meet the ownership and occupancy time requirements themselves.

      Adding Child’s Name to the Title: When a parent adds a child’s name to the title but retains a partial interest, the sale of the home involves both parties. Under Section 121, the parent can exclude their share of the gain if they satisfy the eligibility criteria. A gift tax return must be filed in the year the child’s name is added to the title, and the child’s basis will be their portion of the parent’s adjusted basis. The child will qualify for the Section 121 exclusion only if they independently fulfill the necessary conditions.

      Comparison to a Formal (de jure) Life Estate: A life estate provides a structured legal framework that divides property ownership between two parties over different timeframes, like a de facto life estate but with distinct differences.

        • Formalization:
          • Life Estate: Requires a legal deed recorded in local land records, clearly defining the roles of the life tenant and remainderman.
          • De Facto Life Estate: Informal and based on behavior, lacking written documentation.
        • Key Elements:
          • Life Tenant: Has the right to live in or use the property and is responsible for its upkeep.
          • Remainderman: Holds future interest in the property and assumes ownership upon the life tenant’s death.
          • Immediate Transfer: Upon the life tenant’s death, the property transitions directly to the remainderman, bypassing probate processes, thus saving time and cost.
        • Immediate and Legal Effects:
          • Irrevocability: Once established, a traditional life estate is difficult to alter without the remainderman’s agreement, unlike the informal nature of a de facto estate.
          • Control Limitations: The life tenant cannot sell or mortgage the property without the remainderman’s consent, whereas a de facto arrangement might lack such constraints formally written.
          • Responsible for Upkeep: The life tenant must handle property taxes and maintenance.
          • Medicaid Estate Recovery involves the attempt by Medicaid programs to reclaim expenses for benefits given to specific individuals after they pass away, such as those for nursing facilities, hospitals, and prescription medications. A life estate structure can shield the home from such recovery efforts. This is because, upon the tenant’s passing, ownership of the home is transferred instantly to the remainderman, preventing its sale for recovery purposes.
        • Financial and Tax Implications:
          • Tax Basis Adjustment: Similar benefits, where the remainderman receives a “stepped-up” basis upon the life tenant’s death, reducing potential capital gains taxes.
          • Gift Tax Consideration: Both situations have gift tax implications, but a life estate results in an immediate liability upon creation.
          • Home Taxes and Mortgage Interest in a De Facto Life Estate:
            • Life Tenant Responsibility and Deduction: The individual who retains the right to live in the home (the de facto life tenant) is treated as the owner for the purposes of property and income taxes. They have the right to claim the deductions on their itemized tax return (Schedule A of Form 1040) for the property taxes and mortgage interest they actually pay.
            • Remainderman Position: The remainderman has a future interest in the property but generally no right to occupy it or responsibility for its ongoing costs during the life tenant’s lifetime. Therefore, they cannot deduct the expenses and taxes during this period.
            • Mortgage Interest Deduction: The person paying the mortgage interest can claim the deduction, even if they are not the primary person named on the mortgage note, provided they are legally obligated or responsible for the payments. 

      Risks:

        • Creditor Exposure: The remainderman’s creditors can place claims against the property.
        • Medicaid Challenges: Transfers can impact Medicaid eligibility due to look-back periods. Medicaid eligibility is determined by examining an applicant’s income and assets, along with a lookback period designed to verify that no assets were given away to meet eligibility requirements. If someone establishes a life estate and subsequently seeks Medicaid assistance, they might encounter eligibility challenges based on when the life estate was established in relation to their application.
        • Marital Claims: The property may be a marital asset in case of the remainderman’s divorce.

      As you can see, transferring a home to another person can have significant tax and financial implications.  Before undertaking such a move, it is prudent to consult with this office first.