Limits on Housing Expenses
The IRS issued a notice of 2016 adjustments to the limitation on housing expenses for individuals working abroad. The notice recognizes that some taxpayers may elect to apply the 2016 limitation to tax years beginning in 2015.
Qualified individuals may elect to exclude from U.S. gross income their foreign earned income and housing cost amount. The maximum excludable housing cost amount is calculated by way of a complex formula.
The notice contains a table that:
A qualified individual who incurs housing expenses, in one or more of the high-cost localities identified in the table for the year 2016, may use the adjusted limit provided in the table (rather than $30,390 or the prorated daily amount) in determining the housing cost amount. This is reported on Form 2555, “Foreign Earned Income.”
While the high-cost area amounts for most cities didn’t change dramatically, there were large drops for some Canadian cities. For example, the amount for Toronto dropped to $41,400 from $49,700 in 2015, and the amount for Montreal fell to $43,900 from $52,000.
The full notice can be found here.
The review is an integral part of an IRS examiner’s analysis of transfer pricing risks and the assessment of any transfer pricing penalties.
The IPU notes that transfer pricing documentation should show that the pricing methodology is reasonable and meets the best method rule — that is, it provides the most reliable measure of an arm’s-length result and is the most reliable application of the method.
Auditors should request the following “principal documentation”:
The IPU notes that “complete documentation may not require all principal documentation to be provided.” Instead, IRS examiners should analyze whether the documentation provided gives a complete understanding of a taxpayer’s controlled transactions. Supplying all the principal documentation wouldn’t necessarily preclude the IRS from assessing the aforementioned transfer pricing penalties for a variety of reasons — for example, deficient documentation.
For additional guidance, the IPU asks IRS examiners to consult the Transfer Pricing Audit Roadmap, but cautions that the use of such guidance requires judgment, as every transfer pricing case is unique.
After receiving the requested transfer pricing documentation, IRS examiners are instructed to compare any related-party information reflected in the following types of U.S. returns to the transfer pricing documentation provided and identify any missing controlled transactions:
In addition, the IPU instructs IRS examiners to confirm that the taxpayer’s financial statements (including income statements and balance sheets) match the transfer pricing documentation provided.
In summary, the overall objective is to encourage taxpayers to document their transfer pricing transactions and provide the documentation to the IRS in a timely manner.