IRS says Finra fines not tax-deductible for broker-dealers

IRS says Finra fines not tax-deductible for broker-dealers
The tax code says fines paid to a government "agency or instrumentality" for violation of a law aren't tax-deductible.
SEP 06, 2016
The Internal Revenue Service has indicated fines and penalties levied by the brokerage industry's primary regulator are not tax-deductible, which could end up costing those firms hit with such financial damages. In a memo published Friday, the IRS said fines assessed by the Financial Industry Regulatory Authority Inc., the brokerage industry's self-funded regulatory body, aren't deductible because the tax code doesn't allow deductions for penalties paid to a government “agency or instrumentality” for violation of a law. The IRS considers Finra, which is overseen by the Securities and Exchange Commission, to fall within the bounds of an “agency or instrumentality,” which the IRS says is a loosely defined term. “If a fine is imposed on a taxpayer for violation of the securities laws and regulations, the deductibility of the fine should not depend on whether the same type of bad conduct is being punished by the [self-regulatory organization] or directly by the SEC,” according to the IRS note. “Otherwise, there would be inconsistent treatment of similarly situated taxpayers.” An IRS spokeswoman didn't return a request for comment. A Finra spokeswoman declined to comment. In 2014, Finra brought 1,397 disciplinary actions against registered individuals and firms, and levied $132.6 million in fines, according to Finra's 2015 annual report. Finra has recently doled out record-breaking fines to a handful of broker-dealers. For example, MetLife Inc. agreed in May to pay a $25 million penalty for compliance failures related to variable annuity sales. It was the largest fine levied by Finra for those annuity products. Finra also fined units of Raymond James $17 million last month for compliance failures in the brokerage firm's anti-money laundering programs, Finra's largest-ever penalty related to anti-money laundering.

Latest News

RIA moves: NorthRock adds $800M Parkside Advisors, NFP acquires Levine Group in Tennessee
RIA moves: NorthRock adds $800M Parkside Advisors, NFP acquires Levine Group in Tennessee

NorthRock Partners' second deal of 2025 expands its Bay Area presence with a planning practice for tech professionals, entrepreneurs, and business owners.

Three easy ways to boost your firm’s impact this summer
Three easy ways to boost your firm’s impact this summer

Rather than big projects and ambitious revamps, a few small but consequential tweaks could make all the difference while still leaving time for well-deserved days off.

Hightower taps Osaic alum Scott Hadley as first chief advisory officer, expands C-suite
Hightower taps Osaic alum Scott Hadley as first chief advisory officer, expands C-suite

Hadley, whose time at Goldman included working with newly appointed CEO Larry Restieri, will lead the firm's efforts at advisor engagement, growth initiatives, and practice management support.

Clients are nervous about volatility, but advisors know they need to stay the course
Clients are nervous about volatility, but advisors know they need to stay the course

Survey reveals how cutting through the noise is advisors' superpower.

Why the 'forgotten generation' is a powerful force in wealth management, consumerism
Why the 'forgotten generation' is a powerful force in wealth management, consumerism

Gen X is a powerful cohort that controls huge wealth but also faces retirement challenges.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.