Procedurally Taxing: IRC 7602(e) Will Not Save You (From Bank Information Return Exams) (October 26, 2021)

Caleb Smith, Associate Clinical Professor and the Director of the Ronald M. Mankoff Tax Clinic at the University of Minnesota Law School, has made available for download her article, “IRC § 7602(e) Will Not Save You (From Bank Information Return Exams)” published on the Procedurally Taxing blog. The article begins as follows:

Lately there has been much fury and gnashing of teeth on the Biden administration proposal to vastly increase bank reporting requirements to the IRS. In a nutshell, the proposal would require banks and credit unions to send a year-end information return to the IRS when an individual hits a threshold amount of “inflows and outflows” from their account, or certain other activity (transfers to foreign accounts) takes place. The proposal is in its embryonic stages, but the initial suggestion was that the reporting requirement could be triggered by as little as $600 in annual inflows/outflows. In other words, virtually everyone reading this would have additional information reported to the IRS every year.

Naturally, there are strong opinions about the unprecedented surge of information reporting this would entail. The Treasury provided a pretty bland defense and explanation here at page 88 (more info reporting means less tax gap!). The NYT has covered some of the outrage from banks and privacy-minded individuals here.

To see the full article, click here: “IRC § 7602(e) Will Not Save You (From Bank Information Return Exams)”

Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal

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