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ARTICLE · 07 JANUARY 2015

Legislation Increases Certain Penalties, Raises JCT Review Threshold

The change is effective for any refund claim that has not yet been reported by the IRS to JCT as of the date the bill is signed into law.

United StatesTax

Tax legislation expected to be signed into law by President Obama increases certain civil penalties by indexing those penalties to inflation and also raises the threshold by which the IRS must report refund claims to the Joint Committee on Taxation (JCT).

H.R. 5771, which extended previously expired tax provisions to the end of 2014, also raises the threshold for JCT's mandatory review of C corporation refund claims from $2 million to $5 million under Section 6405. Refunds exceeding $2 million for all other taxpayers remain the same. The change is effective for any refund claim that has not yet been reported by the IRS to JCT as of the date the bill is signed into law.

In addition, the Achieving a Better Life Experience (ABLE) Act, which creates tax-preferred accounts similar to Section 529 plans for certain people with disabilities, also indexes certain fixed-dollar civil penalties to inflation under Section 1(f)(3). Specifically, those penalties, which are

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