In Notice 2013-10, the IRS postpones a new requirement for U.S. domestic entities formed or availed of for purposes of holding, directly or indirectly, specified foreign financial assets, report those interests in a statement attached to the entity’s tax return. This new reporting falls under IRC section 6038D, applicable to individuals who hold any interest in a specified foreign financial asset during any taxable year and are required to attach a statement to that individual’s tax return to report the information identified in section 6038D(c) if the aggregate value of all such assets in which the individual holds an interest exceeds $50,000 for the year, and extended to any U.S. domestic entity as if the domestic entity were an individual, if the domestic entity is formed or availed of for purposes of holding, directly or indirectly, specified foreign financial assets. Reporting by entities was to have started with taxable years beginning after December 31, 2011, but because final regulations under section 6038D have not yet been issued, Notice 2013-10 postpones reporting until a date which will be specified in final regulations, which will not be earlier than taxable years beginning after December 31, 2012.
Marianne Couch, JD Principal, Cokala Tax Information Reporting Solutions, LLC Marianne Couch, JD, of the Cokala Tax Group, is an advisor on U.S. federal and state tax information reporting compliance. She is a frequent lecturer at major tax conferences and the author of numerous published articles and the Master Guide to Form 1099 Compliance. Prior to co-founding the Cokala firm in 2007, she served for many years as Research Director of Balance Consulting, and chaired special training and advisory services provided to large organizations and academic and nonprofit institutions. She was previously the executive director of the National Association of Form 1099 Filers, Inc., and a member of the IRS Information Reporting Program Advisory Committee (IRPAC), where she served as Chair of the IRPAC Subcommittee on Small Business and Self-Employed (SBSE) tax issues.