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The IRS announced that it is developing a new tax return schedule to require many business taxpayers to report “uncertain tax positions” on their returns. An uncertain tax position is defined as a position for which a tax “reserve” must be established under Topic 740 of the Accounting Standards Codification (ASC 740), formerly FIN 48. The new requirements would apply to business taxpayers who have over $10 million in assets and are required to identify and quantify uncertain tax positions under ASC 740 “or other accounting standards relating to uncertain tax positions involving United States federal income tax.”
As a result of Accounting Standards Update 2009-6, Implementation Guidance on Accounting for Uncertainty in Income Taxes and Disclosure Amendments for Nonpublic Entities, FIN 48 is effective for private investment funds that have not yet adopted it for years beginning after Dec. 15, 2008. For nonpublic funds with Dec. 31 year-ends, FIN 48 should be adopted for the year ended Dec. 31, 2009, with any impact reflected in the first net asset value calculation of the year. Financial Bulletin explores FIN 48, evaluating tax positions, pass-through entities, investment partnership application and developing a work plan.
If the SEC sought to get a healthy debate going with its proposed “Roadmap for the Potential Use of Financial Statements Prepared in Accordance With International Financial Reporting Standards by U.S. Issuers,” then consider the Roadmap a wild success. Debate rages concerning the proposed Roadmap’s requirement that U.S. registrants report to the SEC using IFRS as early as 2014.
Many private enterprises, including partnerships, subcapter S corporations and other pass-through entities, are just now beginning to understand the changes necessitated by FIN 48 rules. Two important lessons learned from public companies: 1) start the compliance process early and 2) coordinate tax issues related to international affiliates carefully. For more details, read this series of articles by Fred F. Murray from BNA's Daily Tax Report.
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