Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Treasury Report Signals Heightened Reporting of Domestic Financial Accounts and Crypto Assets under The American Families Plan

By Michael M. Lloyd & S. Michael Chittenden on May 27, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

On May 20, 2021, the Treasury Department released a 24-page “compliance agenda” providing details of the tax compliance proposals under The American Families Plan (the “Plan”) proposed by the Biden Administration.  The agenda focuses on four broad areas intended to improve the efficiency and functionality of the U.S. tax system.  Broadly, the Plan proposes to provide the IRS with a significant budget increase to fund greater enforcement, expand tax information reporting to identify potential noncompliance, overhaul and modernize antiquated IRS technology, and adopt the statutory authority needed to regulate all paid tax preparers to bolster competency and ethical conduct.  Focusing more narrowly on information reporting, the Plan is intended to promote greater transparency to the IRS regarding potential taxpayer income, especially amounts received by sole proprietorships, partnerships, and S corporations.

Expanded Reporting by Financial Institutions and PSPs

The Plan proposes to leverage existing information return requirements imposed on financial institutions (Form 1099-INT) and financial account information possessed by financial institutions to significantly expand the reporting of gross receipts and disbursements within taxpayer accounts.  The agenda suggests that Treasury and the Administration believe that IRS enforcement would be better targeted by knowing the level of financial account activity occurring in personal and business accounts, particularly those accounts held by taxpayers at the upper tiers of the income distribution.  Some commentators have speculated that taxpayers at the upper tiers of the income scale may be required to provide the IRS with a reconciliation of gross inflows reported for their financial accounts as an attachment to their federal income tax returns.

To prevent taxpayers from shifting funds to payment service providers or PSPs to avoid the proposed information reporting requirements on financial institutions, the agenda states that the proposed rules requiring the reporting of account gross inflows and outflows will also apply to PSPs.  The agenda contemplates that proposed legislation will provide Treasury with great latitude in rulemaking—such as authority to set de minimis thresholds—to afford the IRS with significant flexibility in requiring reporting that facilitates the Government’s enforcement efforts.  However, the agenda does not seem to contemplate exemptions for classes of accountholders, such as corporations, that are exempt from many existing tax reporting requirements.

Compliance Challenges Regarding Virtual Currencies

The agenda expresses concern regarding compliance challenges regarding virtual currencies and states that “cryptocurrency already poses a significant detection problem by facilitating illegal activity broadly including tax evasion.”  Treasury anticipates significant growth in cryptocurrency transactions over the next decade, and the agenda states that cryptocurrencies, cryptoasset exchange accounts, and payment service accounts that accept cryptocurrencies will be included in the new reporting requirements applicable to financial institutions.  Further, it is anticipated that Form 8300 reporting under section 6050I will be expanded to require reporting by businesses that receive cryptoassets with a fair market value exceeding $10,000.  It is noteworthy that the OECD is also actively considering strategies to address tax compliance and emerging policy issues related to virtual currencies.

Any new reporting requirements typically create significant costs for those required to file additional returns.  For example, the adoption of new reporting requirements under sections 6050W (payment card and third-party network reporting), 6055 (reporting of health insurance coverage), 6056 (employer reporting on health insurance coverage), and 6050Y (reporting on certain life insurance contracts) over the last decade all required the implementation of new systems and new procedures.  Financial institutions are already subject to many of the most exacting reporting requirements, and new requirements may result in significant pushback.  It remains to be seen whether Congress will adopt the new requirements as proposed.

Photo of Michael M. Lloyd Michael M. Lloyd

Michael Lloyd practices in the areas of tax and employee benefits with a focus on information reporting and withholding on cross-border payments (e.g., Forms 1042 and 1042-S) and Foreign Account Tax Compliance Act (FATCA), backup withholding, employment taxation, the treatment of fringe benefits…

Michael Lloyd practices in the areas of tax and employee benefits with a focus on information reporting and withholding on cross-border payments (e.g., Forms 1042 and 1042-S) and Foreign Account Tax Compliance Act (FATCA), backup withholding, employment taxation, the treatment of fringe benefits, cross-border compensation, domestic information reporting (e.g., Forms W-2, 1099, 1095 series returns), penalty abatement, and general tax planning and controversy matters. Michael advises large U.S. and foreign multinationals regarding compliance with information reporting and withholding issues, as well as a range of other federal and state tax issues.

Michael completed a three-year term on the IRS Information Reporting Program Advisory Committee (IRPAC) in 2013, during which time he worked with the IRS on FATCA, the Affordable Care Act (ACA or Obamacare) reporting issues, tip reporting, Form 1099-K reporting issues, and civil penalty administration. He has testified before the U.S. Treasury Department and the IRS regarding proposed federal tax regulations.

Michael’s experience includes serving as Tax Manager for a publicly traded multinational, where he managed federal and state tax examinations and appeals, including matters involving foreign taxes. In addition, he performed domestic and international tax planning, including issues related to the repatriation of foreign earnings, U.S. export tax benefits, research credits, and planning for foreign expansion.

Michael has appeared as a guest speaker on IRS Live and at seminars hosted by Tax Executives Institute (TEI), Thomson Reuters OneSource, IRSCompliance, the American Payroll Association (APA), the Blue Cross and Blue Shield Association, the National Association of College and University Business Officers (NACUBO), and the National Restaurant Association.

Read more about Michael M. LloydEmail
Show more Show less
Photo of S. Michael Chittenden S. Michael Chittenden

Michael Chittenden practices in the areas of tax and employee benefits with a focus on withholding taxes, including state and federal employment taxes, Chapter 3, and the Foreign Account Tax Compliance Act (FATCA) and information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2…

Michael Chittenden practices in the areas of tax and employee benefits with a focus on withholding taxes, including state and federal employment taxes, Chapter 3, and the Foreign Account Tax Compliance Act (FATCA) and information reporting (e.g., Forms 1095, 1096, 1098, 1099, W-2, 1042, and 1042-S.

Michael advises large employers on their employment tax compliance obligations, including the special FICA and FUTA rules for nonqualified deferred compensation, the successor employer rules, and executive perquisites, such as the taxation of company cars, corporate aircraft (including the use of SIFL valuations), and employer-provided housing. In addition, he has worked with clients to submit voluntary corrections of employment tax mistakes and seek abatement of late deposit and information reporting penalties. Michael has extensive controversy experience representing clients in IRS examinations and before the IRS Independent Office of Appeals in employment tax, late deposit, and information reporting penalty cases.

As part of Covington’s Global Workforce Solutions practice, Michael counsels clients on all aspects of mobile workforce issues including state income tax withholding for remote workers and mobile employees. He also advises on treaty claims and various tax issues related to expatriate and inpatriates.

Read more about S. Michael ChittendenEmail
Show more Show less
  • Posted in:
    Tax
  • Organization:
    Covington & Burling LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo