ZEEK RECEIVER: No More Tax Withholdings On Distribution Checks; Prior Money Withheld By Receivership For Taxes Will Be Returned By Receivership To Affiliates In Mailing On Dec. 23

This just in from Kenneth D. Bell, as published on the receivership website and dated Dec. 19, 2014 (bolding added):

ANNOUNCEMENT FROM THE RECEIVER – December 19, 2014

The Receivership will no longer withhold taxes from distributions paid to affiliates. If the Receivership previously withheld taxes from a distribution, we will issue a new check on December 23, 2014 to distribute the previously withheld funds to that affiliate. As I have said before, so that we do not expose the receivership to potential fines and penalties that would dramatically decrease the amount of money available to those claimants eligible for a distribution, we have sought assurance from the United States Internal Revenue Service that no withholding is required. We have not been able to get such assurance. However, I have received a tax opinion from a professional that persuades me that tax withholding is not necessary.

On December 23, 2014 we will mail approximately 58,000 checks to claimants that were mailed a distribution on September 30, 2014 from which a withholding was made. Those checks will be in the amount of the taxes previously withheld for tax purposes from that affiliate’s distribution. On that day we also will mail checks to those individuals who requested (through a formal request on the claim status portal) that their September 30 check be reissued because the original check out was not properly delivered, was lost or was made payable to the wrong name through inadvertent error of the claimant.

In late January 2015, we also will send distributions to those qualified affiliate claimants who completed the online claim allowance requirements after August 15, 2014 and have not yet received a check. Somewhat frustratingly, there are nearly 62,000 affiliate claimants that have received a letter of determination but have not yet accepted (or objected to) the recognized claim. We have the funds on reserve to make a distribution to all these claimants in the same manner we did for approximately 90,000 affiliate claimants in September. But, unless a claim is accepted (or has had an objection resolved) and the affiliate claimant completes the release and OFAC certification, a distribution check cannot be mailed. I encourage all of these affiliate claimants to go online and complete the process to be eligible for a distribution check in late January 2015. For cost efficiency reasons, we will issue checks only quarterly, so if an affiliate claimant has not completed these steps by December 31, 2014 the next opportunity to receive a distribution check will not be until late April 2015. I would much rather send all qualified affiliate claimants a check than hold those funds in a bank account.

Finally, we are making great progress in recovering and marshalling additional funds which, together with the funds we currently hold, will be later distributed to all qualified claimants.

 

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3 Responses to “ZEEK RECEIVER: No More Tax Withholdings On Distribution Checks; Prior Money Withheld By Receivership For Taxes Will Be Returned By Receivership To Affiliates In Mailing On Dec. 23”

  1. we have sought assurance from the United States Internal Revenue Service that no withholding is required. We have not been able to get such assurance. However, I have received a tax opinion from a professional that persuades me that tax withholding is not necessary.

    Hate to say it but that sounds just like something the scammers would say. Why not name the ‘professional’? How would he be more ‘professional’ than the IRS themselves? Wouldn’t he have gotten the assurnce from the IRS even before the first distribution?

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  2. It is only right that all the funds are returned to the original people. Stealing ‘ill gotten’ gains isn’t the job of the IRS.

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  3. The IRS will not answer questions that hinge on being legal advice. In a situation like this is is quite common for an organization getting a legal opinion from a tax attorney, which if the decision is challenged later, will most of the time be enough for the IRS to waive penalties (but not interest)

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