December 14, 1990
IRS Won't Impose Penalties in Good Faith Efforts
WASHINGTON - The Internal Revenue Service released regulations today
concerning the need to withhold tax on certain travel advances or
reimbursements and make reports to employees on Forms W-2. To
comply with the regulations, some employers have had to make
significant modifications in their accounting and withholding
procedures.
The IRS said that where substantial and good faith efforts have
been made to comply with requirements of temporary regulations that
became effective July 1, 1990, the IRS will not impose penalties for
failures to withhold and pay employment taxes or failure to properly
report advances or reimbursements. However, beginning July 1, 1991,
penalties will be imposed where appropriate.
The final regulations reflect changes made by the Family
Support Act of 1988 which called for travel advances or
reimbursements to be taxable under certain circumstances. These
regulations were published in the Federal Register in temporary and
proposed form on Dec. 12, 1989.
The IRS said its decision recognizes all the difficulties
employers from private industry and governments, including the IRS,
encountered in putting in place all the required changes to meet the
deadline.
The final regulations are scheduled to be published in the
Federal Register on Dec. 17, 1990.
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