The IRS has recently finalized regulations that provide clarity and relief for businesses and individuals regarding the penalties for inaccuracies in information returns and payee statements. These final regulations, effective for documents required on or after January 1, 2024, solidify the IRS’s stance on de minimis error safe harbors under Code Sections 6721 and 6722, offering a cushion against penalties for minor mistakes.
What Are De Minimis Error Safe Harbors?
De minimis error safe harbors protect filers from penalties for small errors in reporting dollar amounts on information returns or payee statements. Specifically, an error is considered de minimis if:
- No single reported dollar amount is incorrect by more than $100, or
- No reported amount of tax withheld is off by more than $25.
It’s crucial to understand that these safe harbors apply on a “per statement” basis, not “per account,” allowing for a broader application and ease of correction without penalty.
Exceptions to the Rule
However, not all errors fall under the protection of these safe harbors. The exceptions include:
- Failures to file or furnish statements by the required due date, and
- Errors made due to intentional disregard of filing or furnishing requirements.
Electing Out of Safe Harbor
Interestingly, payees (those who receive statements) have the option to opt-out of the safe harbor, meaning they can request corrections regardless of the de minimis threshold. This election must be made within 30 days of receiving the statement or by October 15 of the calendar year, whichever is later. The election is effective for all subsequent years unless revoked, offering payees control over the accuracy of their reported information.
Impact on Brokers and Cost Basis Reporting
For brokers reporting sales of securities, the regulations clarify that the adjusted basis reported must reflect the correct amount, even when corrected under the de minimis error safe harbors. This ensures accurate tax reporting and compliance, aligning the cost basis reporting with the overarching goal of fair and precise tax administration.
What This Means for You
For our clients, the finalization of these regulations signals a more lenient IRS approach towards minor reporting errors, provided they fall within the de minimis thresholds. This development is particularly relevant for businesses and tax professionals who manage a high volume of transactions and payee statements, offering a buffer against penalties for inadvertent errors.
However, the onus remains on filers to ensure accuracy and timeliness in their reporting obligations, with intentional or significant errors still subject to strict penalties. Additionally, the ability for payees to opt-out of the safe harbor underscores the importance of maintaining open lines of communication with stakeholders regarding their reporting preferences.
As your accounting partners, we’re here to help you navigate these regulations, ensuring your compliance efforts are both effective and efficient. Whether you’re a business owner, individual taxpayer, or broker, understanding these changes is crucial for minimizing risk and optimizing your tax strategy.