In mid-April, CIRI received notice from the Internal
Revenue Service that, effective June 1, 2005, the agency would reverse
its decades-old policy exempting ANCSA corporation shares and dividends
from tax levies. This change in policy, unless altered by Congress
or the courts, would mean that the IRS could seize a CIRI shareholder's
stock or dividends to secure payment of back taxes owed by the shareholder.
CIRI, together with other regional corporations, has expressed its
opposition to the IRS move and is studying options for challenging
the move legislatively or through the courts. Until the IRS position
is reversed, CIRI shareholders owing back taxes face the risk of
IRS levy on their shares and dividends.
When Congress enacted ANCSA in 1971, it included a provision that
exempted individual shareholders' stock and stock rights, including
dividend payments, for most common forms of attachment or seizures
by creditors for an initial period of 20 years. That exemption period
was subsequently extended by amendments to ANCSA. Without admitting
that it was legally bound by the restrictions, the IRS has, for
more than 34 years, honored them and has refrained from serving
levies to attach to individual shareholders' dividend payments.
In an abrupt change of policy, the agency has announced it will
now enforce federal tax levies on ANCSA dividends.
CIRI President and CEO Margie Brown believes that the IRS position
is inconsistent with the purposes of ANCSA and should be reversed.
"We certainly feel that CIRI shareholders need to be responsible
for their tax payments, but we also believe that those provisions
of the ANCSA designed to protect shareholders against loss of their
stock and benefits were intended to apply to all creditors, including
the IRS," said Brown.
IRS levies are generally placed upon taxpayer property only after
the agency has notified the taxpayer of taxes owed and attempted
to obtain payment. In the event such efforts are unsuccessful, the
IRS may serve a Notice of Levy on the corporation. Should CIRI receive
any Notices of Levy, we will contact the shareholder immediately
to advise that a levy has been received and that the company will
respond to the levy in accordance with applicable law.
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