As the current tax season continues, the Internal Revenue Service (IRS) has ushered in a new era of tax enforcement thanks to the power of artificial intelligence (AI). AI tools have taken nearly every industry by storm recently, and even federal tax authorities have realized that these resources can be invaluable in catching tax evaders. 

Bolstered by funding from the Inflation Reduction Act of 2022, the IRS is improving its audit processes, particularly in areas where audit coverage has dwindled. Large partnerships, large corporations, and employment tax returns are all under the microscope as the IRS seeks to crack down on tax avoidance, particularly among wealthy companies and high-net-worth individuals. 

AI Audit Concerns 

While AI presents opportunities for more efficient tax audits, some industry experts have expressed concerns about privacy, bias, and transparency. In a Thomson Reuters report, James Creech, a senior manager for Baker Tilly’s tax advocacy and controversy team, voiced apprehensions about the potential ramifications of AI-driven audits. He cautioned against the possibility of taxpayers being flagged for returns that deviate slightly from the norm, noting that safeguards will be important in this new era of tax enforcement. 

On the flip side, Creech did acknowledge the strides made in AI technology, particularly in targeted audits of partnerships. The AI tools employed by the IRS have already led to better issue selection, expediting the audit process and prompting inquiries regarding specific issues. 

Future Outlook and Challenges 

The IRS’s Strategic Operating Plan for FY 2023 through 2031 showcases a commitment to bolstering enforcement efforts, especially for large partnerships and corporations. However, the human element remains a critical factor in AI implementation. In the aforementioned Thomson Reuters deep dive, Creech pointed out that IRS “audits have been driven by algorithms for a long time,” noting that a “DIF” (discriminant function) score has been used to drive audit selection. Although Creech believes that new AI technology will make audit selection “better and better” in the long run, he still has concerns about  “what does the human being do with [algorithmic information.” 

This is, of course, something that federal tax authorities will have to consider moving forward as AI becomes an increasingly important part of the auditing process. 

AI and the ERC 

As the IRS becomes increasingly reliant on AI, tax practitioners may find themselves navigating new terrain, including an increased number of Employee Retention Tax Credit (ERC) audits. In September 2023, the agency unexpectedly suspended all ERC applications. Then, in December, IRS officials announced a program that allowed taxpayers to voluntarily admit to “mistakenly claimed” pandemic-era tax credits. 

The ERC, in particular, presents AI difficulties due to limited data availability. Creech made the point that AI’s effectiveness hinges on the availability of large data sets, making limited programs like the ERC less amenable to AI-driven scrutiny. 

Addressing IRS Audit Red Flags 

Wealthy taxpayers should be mindful of IRS audit triggers. According to Kiplinger, these red flags include claiming residence in Puerto Rico without substantiation, engaging in offshore asset movements, and significant cryptocurrency transactions. IRS AI algorithms are poised to detect patterns indicative of tax evasion, highlighting the importance of compliance. 

While the IRS’s usage of AI technology promises improved tax enforcement and customer service, major change is never without challenges. Questions surrounding algorithmic bias, human interpretation, and data limitations persist – and likely will until far-reaching results of AI technology and taxes are available for assessment.  

As the IRS meets the intersection of emerging technology and tax compliance, the onus remains on taxpayers and tax professionals to operate with diligence and integrity. Compliance with tax laws and regulations is important, as always, particularly with the rise of artificial intelligence. 

Installment Sale – A Useful Tool to Minimize Taxes 

Selling a property you have owned for a long period of time will frequently result in a large capital gain, and reporting all of the gain in one year will generally expose the gain to higher than normal capital gains rates and subject the gain to the 3.8% surtax on net investment income.  

Capital gains rates: Rather than being tax at ordinary income tax rates, that currently can be as high as 37%, long-term capital gains (LTCG) can be taxed at 0%, 15%, or 20% depending upon your overall taxable income for the year. “Long-term” means that you’ve owned the property you sold for over one year. In most cases, taxable income is your adjusted gross income less the standard deduction for your filing status, or itemized deductions claimed on Schedule A of Form 1040.  

At the low end, if you file a joint return with your spouse and your 2024 taxable income is $0 through $94,050, the LTCG rate is zero. The zero-rate taxable income limits for other filing statuses are $63,000 for head of household and $47,025 for single and married separate.  

If you file a joint return and your taxable income is $94,051 through $583,750 ($63,001 – $551,350 if head of household, $47,026 – $518,900 if single, or $47,026 – $291,850 if married separate), then the top long-term capital gains rate is 15%. If your taxable income exceeds the 15%-rate limit, the LTCG rate is 20%. As you can see, larger gains push you into higher capital gains rates. 

Surtax on net investment income – Tax law treats capital gains (other than those derived from a trade or business) as investment income upon which higher-income taxpayers are subject to a 3.8% surtax on their net investment income. A large gain may push your income over the threshold for this tax. The surtax is 3.8% of the lesser of (1) your net investment income or (2) the excess of your modified adjusted gross income (MAGI) over the threshold amount based on your filing status. The threshold amounts are: 

  • $125,000 for married taxpayers filing separately. 
  • $200,000 for taxpayers filing as single or head of household. 
  • $250,000 for married taxpayers filing jointly or as a surviving spouse. 

This is where an installment sale could fend off these additional taxes by spreading the income over multiple years. 

Here is how installment sales work. If you sell your property for a reasonable down payment and carry the note on the property yourself, you only pay income taxes on the portion of the down payment (and any other principal payments received in the year of sale) that represents taxable gain. You can then collect interest on the note balance at rates near what a bank charges. For a sale to qualify as an installment sale, at least one payment must be received after the year in which the sale occurs. Installment sales are most frequently used when the property that is sold is real estate, and cannot be used to report the sale of publicly traded stock or securities. 
Example: You own a lot for which you originally paid $10,000. You paid it off some time ago, leaving you with no outstanding mortgage on the lot. You sell the property for $300,000 with 20% down and carry a $240,000 first trust deed at 5% interest using the installment sale method. No additional payment is received in the year of sale. The sales costs are $9,000.  

Of your $60,000 down payment, $9,000 went to pay the selling costs, leaving you with $51,000 cash. The 20% down payment is 93.67% taxable, making $56,202 ($60,000 x .9367) taxable the first year. The amount of principal received and reported each subsequent year will be based upon the terms of the installment agreement. In addition, the interest payments on the note are taxable and also subject to the investment income surtax. 

Thus in the example, by using the installment method the taxable income for the year was reduced by $224,798 ($281,000 – $56,202). How that helps your overall tax liability depends on your other income and circumstances.  

Here are some additional considerations when contemplating an installment sale.  

Existing mortgages – If the property you are considering selling is currently mortgaged, that mortgage would need to be paid off during the sale. Even if you do not have the financial resources available to pay off the existing loan when the sale is structured as a regular installment sale, there might be ways to work out an installment sale by taking a secondary lending position or wrapping the existing loan into the new loan.   

Tying up your funds – Tying up your funds into a mortgage may not fit your long-term financial plans, even though you might receive a higher return on your investment and potentially avoid a higher tax rate and the net investment income surtax. Shorter periods can be obtained by establishing a note due date that is shorter than the amortization period. For example, the note may be amortized over 30 years, which produces a lower payment for the buyer but becomes due and payable in 5 years. However, a large lump sum payment at the end of the 5 years could cause the higher tax rate and surtax to apply to you in that year – so close attention needs to be paid to the tax consequences when structuring the installment agreement. 

Early payoff of the note – The buyer of your property may decide to pay off the installment note early or sell the property, in which case your installment plan would be defeated and the balance of the taxable portion would be taxable in the year the note is paid off early or the property is sold, unless the new buyer assumes the note.  

Tax law changes – Income from an installment sale is taxable under the laws in effect when the installment payments are received. If the tax laws are changed, the tax on the installment income could increase or decrease. The income ranges at which the 0%, 15% or 20% capital gain rates apply are adjusted annually for inflation, which generally favors taxpayers, but Congress could decide to remove the favorable LTCG rates in future years, certainly not advantageous for taxpayers. 

Installment sales do not always work in all situations. To determine whether an installment sale will fit your needs and set of circumstances, please contact this office for assistance. 

Leave a Reply

Your email address will not be published. Required fields are marked *