If you get the feeling that our national figures are panicked and just guessing about what will work—you are not alone.
Many experts say that the combination of flooding the economy with newly-printed money and borrowing trillions of dollars may do more harm than good.
In stark contrast, the FairTax is not guesswork but based on solid economic research. This "big solution" will jump-start our economy, create jobs and get investment moving again—all without massive, destructive borrowing against our children's future earnings.
As a FairTax supporter, you already understand this and probably agree that we have much more to do.
Full-page newspaper ads in our largest cities will help.
Our challenge is not the merits of the FairTax plan but the politics—politics driven by public opinion. Help us change the politics by bringing the FairTax message to our fellow citizens. The more funds we raise, the more ads we'll run, and the more citizens and officials we'll reach. That's exactly how this "bandwagon" gets rolling.
Can you help us get the word out to over 2,000,000 fellow citizens, policy makers, and elected officials?
You see, newspapers, even the biggest papers, are struggling and full-page ads are on sale. This is the moment for the FairTax to be seen by millions—just when our idea is most needed. Can you help run our full-page "Jumper Cables" ad (shown to the right here) in the Los Angeles Times, Chicago Tribune and New York Times? By placing these, we'll reach more than 2,000,000 people with our FairTax message during this pivotal moment in history.
The time to make our mark for the FairTax is now. Americans must hear that there is a better way to unshackle our economy. Our ad is simple and straightforward. We don't list every virtue of the FairTax—just enough to make citizens, lawmakers and business leaders follow up with interest. That's the step we need right now.
This is a dangerous time for our nation. Things could get much worse for all of us. Leadership must come from us in hometown America.
We're working hard to save our future. Could our efforts be more important or more needed than right now?
Please help us as generously as you can now when America needs the FairTax so much. Thank you for all that you do to make the FairTax come true.
Sincerely,
Ken Hoagland
National Communications Director
If you would prefer sending a check or credit card contribution by mail, please download and print our contribution form here.
Monday, February 16, 2009
Sunday, February 8, 2009
Early Distributions From Retirement Plans
An early distribution from an Individual Retirement Arrangement (IRA) or a qualified retirement plan need not be a “taxing” experience. Fortunately, there are exceptions to early distributions.
Any payment that you receive from your IRA or qualified retirement plan before you reach age 59½ is normally called an “early” or “premature” distribution. As such, these funds are subject to an additional 10 percent tax. But there are a number of exceptions to the age 59½ rule that you should investigate if you make such a withdrawal. Some of these exceptions apply only to IRAs, some only to qualified retirement plans, and some to both. IRS Publications 575, Pensions and Annuities, and 590, Individual Retirement Arrangements (IRAs), have details.
In addition to the 10 percent tax on early distributions, you will add to your regular taxable income any distributions attributable to “elective deferrals” that you contributed from your pay, your employer’s contribution and any income earned on all contributions to the account. If you made any nondeductible contributions, their portion of the distribution is not taxed, since you’ve already paid tax on this amount.
There is a way to avoid paying any tax on early distributions, however. It is called a “rollover.” Generally, a rollover is a tax-free transfer of cash or other assets from an IRA or qualified retirement plan to an eligible retirement plan. An eligible retirement plan is a traditional IRA, a qualified retirement plan, or a qualified annuity plan. You must complete the rollover within 60 days of when you received the distribution. The amount you roll over is generally taxed when the new plan pays you or your beneficiary.
If the early distribution from an employer’s plan is paid directly to you, your plan administrator will normally withhold income tax at a 20 percent rate. If you roll over the distribution to a new plan, you must replace that 20 percent of the funds that were withheld and deposit that amount in the new plan or you will owe taxes on that amount. To avoid the inconvenience of this withholding, you can have your old plan’s administrator transfer the rollover amount directly to the new plan or a traditional IRA.
All early distributions must be reported to the IRS. You will report tax-free rollovers on lines 15a and 16a of Form 1040 along with any taxable distributions, but you will enter on line 15b or 16b only the taxable amounts you don’t roll over.
Early distributions from retirement plans can involve complex tax issues. Make sure you understand the issues or get competent tax advice.
Any payment that you receive from your IRA or qualified retirement plan before you reach age 59½ is normally called an “early” or “premature” distribution. As such, these funds are subject to an additional 10 percent tax. But there are a number of exceptions to the age 59½ rule that you should investigate if you make such a withdrawal. Some of these exceptions apply only to IRAs, some only to qualified retirement plans, and some to both. IRS Publications 575, Pensions and Annuities, and 590, Individual Retirement Arrangements (IRAs), have details.
In addition to the 10 percent tax on early distributions, you will add to your regular taxable income any distributions attributable to “elective deferrals” that you contributed from your pay, your employer’s contribution and any income earned on all contributions to the account. If you made any nondeductible contributions, their portion of the distribution is not taxed, since you’ve already paid tax on this amount.
There is a way to avoid paying any tax on early distributions, however. It is called a “rollover.” Generally, a rollover is a tax-free transfer of cash or other assets from an IRA or qualified retirement plan to an eligible retirement plan. An eligible retirement plan is a traditional IRA, a qualified retirement plan, or a qualified annuity plan. You must complete the rollover within 60 days of when you received the distribution. The amount you roll over is generally taxed when the new plan pays you or your beneficiary.
If the early distribution from an employer’s plan is paid directly to you, your plan administrator will normally withhold income tax at a 20 percent rate. If you roll over the distribution to a new plan, you must replace that 20 percent of the funds that were withheld and deposit that amount in the new plan or you will owe taxes on that amount. To avoid the inconvenience of this withholding, you can have your old plan’s administrator transfer the rollover amount directly to the new plan or a traditional IRA.
All early distributions must be reported to the IRS. You will report tax-free rollovers on lines 15a and 16a of Form 1040 along with any taxable distributions, but you will enter on line 15b or 16b only the taxable amounts you don’t roll over.
Early distributions from retirement plans can involve complex tax issues. Make sure you understand the issues or get competent tax advice.
Helping Working Families with the Earned Income Tax Credit
In the past, clients of NORWESCAP's Family Self-Sufficiency program in Morris County, NJ have used the tax return they received through the Earned Income Tax Credit (EITC) for a down payment on a car, a security deposit on an apartment or to pay debts, said Penny Olson, the program's director.
For clients of Homeless Solutions, which provides affordable and transitional housing, the prospect of a large tax return can make a significant difference, executive director Elizabeth Hall said.
Those agencies are part of an effort to encourage low-income working residents to ask about the EITC when they file their taxes. The earned income tax credit is supposed to help low-income working families, but over the years it has been clear many eligible workers don't apply for it.
The Earned Income Tax Credit is for working families with incomes less than $37,263. If eligible, they may receive money back from the Internal Revenue Service (IRS) even if they don't owe taxes - but they must file a tax return. The EITC is above and beyond any amount the families get from the child tax credit, which is a maximum of $1,000 per child and is aimed mainly at middle income households.
Across the nation, about 21 million people claimed the credit last year, pulling in $39 billion, according to the IRS. Although only about 75 percent of eligible filers claimed their due, the federal program - which was created in 1975 under President Ford and later expanded under Presidents Reagan and Clinton - has eclipsed welfare as the main source of cash assistance for low-income families.
To help out, the IRS has set up something called the EITC Assistant on its Web site to provide information, eligibility worksheets and explanations of the credit.
A variety of organizations sponsor Volunteer Income Tax Assistance (VITA) sites in their communities to prepare tax returns for those who cannot prepare their own yet cannot afford professional help.
In concert with the IRS e-file program, whose goal it is to receive 80% of all tax returns electronically, www.Taxhead.com is encouraging low-income and first-time tax filers to try eFile in 2009 (filing 2008 tax returns).
An executive from Taxhead.com said, "We are trying to reach those persons that qualify for the earned income tax credit. Our tax software has always been free to use. In other words you can prepare your taxes for free and mail them to the IRS. But if you want to gain the benefits of eFile, or electronic filing, we charge a small fee of less than ten dollars."
For clients of Homeless Solutions, which provides affordable and transitional housing, the prospect of a large tax return can make a significant difference, executive director Elizabeth Hall said.
Those agencies are part of an effort to encourage low-income working residents to ask about the EITC when they file their taxes. The earned income tax credit is supposed to help low-income working families, but over the years it has been clear many eligible workers don't apply for it.
The Earned Income Tax Credit is for working families with incomes less than $37,263. If eligible, they may receive money back from the Internal Revenue Service (IRS) even if they don't owe taxes - but they must file a tax return. The EITC is above and beyond any amount the families get from the child tax credit, which is a maximum of $1,000 per child and is aimed mainly at middle income households.
Across the nation, about 21 million people claimed the credit last year, pulling in $39 billion, according to the IRS. Although only about 75 percent of eligible filers claimed their due, the federal program - which was created in 1975 under President Ford and later expanded under Presidents Reagan and Clinton - has eclipsed welfare as the main source of cash assistance for low-income families.
To help out, the IRS has set up something called the EITC Assistant on its Web site to provide information, eligibility worksheets and explanations of the credit.
A variety of organizations sponsor Volunteer Income Tax Assistance (VITA) sites in their communities to prepare tax returns for those who cannot prepare their own yet cannot afford professional help.
In concert with the IRS e-file program, whose goal it is to receive 80% of all tax returns electronically, www.Taxhead.com is encouraging low-income and first-time tax filers to try eFile in 2009 (filing 2008 tax returns).
An executive from Taxhead.com said, "We are trying to reach those persons that qualify for the earned income tax credit. Our tax software has always been free to use. In other words you can prepare your taxes for free and mail them to the IRS. But if you want to gain the benefits of eFile, or electronic filing, we charge a small fee of less than ten dollars."
Home Business Taxes
Just the thought of taxes can scare people out of their minds. You have to keep all your records and documents in order to be able to file easier at the end of the year. Home business owners have their own set of allowable deductions that differ from other businesses. You have a chance to save a lot of money by knowing how to take advantage of you home business situation.
Know what your deductions are. There are several deductibles that the home-based business owner is entitled to. There are auto/vehicle deductions that can help with mileage, gas, insurance, and/or other related expenses. You can write off your business cards and stationary, plus any business meals and entertainment. All business traveling expenses, education, and even the interest on your business credit card can be counted in your favor. If you use a computer the Internet service and web page related expenses could be deducted as well. Office furniture, supplies, your phone and other communication devices are also necessities that have deductions. Any postage or delivery of goods charges is also considered a business expense. The home-based owner can also get deductions on rent and utilities that keep the business running. Deductions that you will want to use on your 1040 form are:
* Half of your self-employment tax amount, which can offer you a huge savings.
* As much as 100% of your medical insurance costs for you and your family.
If you make more than $600 per year in self-employment you must file your taxes. You may qualify for the C-EZ form if you have had a bad year or just got started. Your total business expenses will have to be less than $5000 for that year; you have no inventory, or have to file a 4562 form (depreciation and amortization form). Make sure first and foremost that your expenses are less than $5000 and that you have taken all the deductions you are entitled to.
A large decision is who will be doing your taxes. You need to decide if you plan to do them yourself or if you want someone else to do them for you. There are several advantages in using a tax professional. They can save you much time and unneeded frustration. They can spot deductions you might miss or not know about. It also saves you from being responsible for any errors that were made in the preparation, which could end up saving you thousands. No matter how you decide to prepare your taxes be sure to claim all possible deductions to save you money in the long run. A business has many breaks for the taxpayer for a reason and you should make sure you know what you qualify for and how to save.
Know what your deductions are. There are several deductibles that the home-based business owner is entitled to. There are auto/vehicle deductions that can help with mileage, gas, insurance, and/or other related expenses. You can write off your business cards and stationary, plus any business meals and entertainment. All business traveling expenses, education, and even the interest on your business credit card can be counted in your favor. If you use a computer the Internet service and web page related expenses could be deducted as well. Office furniture, supplies, your phone and other communication devices are also necessities that have deductions. Any postage or delivery of goods charges is also considered a business expense. The home-based owner can also get deductions on rent and utilities that keep the business running. Deductions that you will want to use on your 1040 form are:
* Half of your self-employment tax amount, which can offer you a huge savings.
* As much as 100% of your medical insurance costs for you and your family.
If you make more than $600 per year in self-employment you must file your taxes. You may qualify for the C-EZ form if you have had a bad year or just got started. Your total business expenses will have to be less than $5000 for that year; you have no inventory, or have to file a 4562 form (depreciation and amortization form). Make sure first and foremost that your expenses are less than $5000 and that you have taken all the deductions you are entitled to.
A large decision is who will be doing your taxes. You need to decide if you plan to do them yourself or if you want someone else to do them for you. There are several advantages in using a tax professional. They can save you much time and unneeded frustration. They can spot deductions you might miss or not know about. It also saves you from being responsible for any errors that were made in the preparation, which could end up saving you thousands. No matter how you decide to prepare your taxes be sure to claim all possible deductions to save you money in the long run. A business has many breaks for the taxpayer for a reason and you should make sure you know what you qualify for and how to save.
Home Office Tax Expenses
Self-employed individuals often work out of their own home. If this is the case with you, here’s a primer on home office tax expenses you can claim on your taxes.
Home Office Tax Expenses
America is a country built on small businesses. Yes, the big companies are the darlings of the media, but the guts of our economy are the little guys pursuing the American Dream from the extra bedroom. Fortunately, the tax code contains deductions tailored to help cut your tax bill.
When claiming home office tax expenses, it is important to keep a receipt for each and every amount you are claiming. When dealing with the IRS, receipts are your ammo. Keep them at all costs.
When maintaining a home office, taxpayers often wonder how they differentiate a business expense from a simply home expense. The key is the square footage. Simply divide the square footage of your office by the total square footage of the home. This number is typically represented by a percentage such as 20 percent. Put another way, the home office represents 20 percent of the square footage of the house. Once you have the above answer, you can multiply it by the total yearly amounts paid for rent or mortgage interest, insurance, maintenance, utilities, taxes, depreciation of the home and repairs. Each of these home office tax expenses figures can then be deducted.
In addition to the above, you can also deduct expenses completely related to the business. For instance, the purchase of a desk for the office is entirely attributable to the office and can be deducted in full.
Words of Caution
There are some limitations to home office tax expenses. If you are reimbursed by an employer for various home office expenses, you cannot also claim those expenses as a tax deduction. Sorry, no double dipping.
For some time, there has been an urban myth that the Internal Revenue Service keeps a close eye on home-based businesses. This may have been true ten years ago, but is clearly not the case today. To this end, the IRS has actually come out and issued clear statements to the contrary. Do not fail to claim home office tax expenses because of a fear of an audit. It is simply not a rational fear!
Running a small business can be both stressful and incredibly gratifying. Make sure you claim home office tax expenses to help your cash flow.
Home Office Tax Expenses
America is a country built on small businesses. Yes, the big companies are the darlings of the media, but the guts of our economy are the little guys pursuing the American Dream from the extra bedroom. Fortunately, the tax code contains deductions tailored to help cut your tax bill.
When claiming home office tax expenses, it is important to keep a receipt for each and every amount you are claiming. When dealing with the IRS, receipts are your ammo. Keep them at all costs.
When maintaining a home office, taxpayers often wonder how they differentiate a business expense from a simply home expense. The key is the square footage. Simply divide the square footage of your office by the total square footage of the home. This number is typically represented by a percentage such as 20 percent. Put another way, the home office represents 20 percent of the square footage of the house. Once you have the above answer, you can multiply it by the total yearly amounts paid for rent or mortgage interest, insurance, maintenance, utilities, taxes, depreciation of the home and repairs. Each of these home office tax expenses figures can then be deducted.
In addition to the above, you can also deduct expenses completely related to the business. For instance, the purchase of a desk for the office is entirely attributable to the office and can be deducted in full.
Words of Caution
There are some limitations to home office tax expenses. If you are reimbursed by an employer for various home office expenses, you cannot also claim those expenses as a tax deduction. Sorry, no double dipping.
For some time, there has been an urban myth that the Internal Revenue Service keeps a close eye on home-based businesses. This may have been true ten years ago, but is clearly not the case today. To this end, the IRS has actually come out and issued clear statements to the contrary. Do not fail to claim home office tax expenses because of a fear of an audit. It is simply not a rational fear!
Running a small business can be both stressful and incredibly gratifying. Make sure you claim home office tax expenses to help your cash flow.
Finding Assistance with Your Taxes
Organizing your taxes can get quite nerve-racking. This is the main reason why many people would find some assistance in preparing their taxes.
When you file your taxes, you can find someone who can do the job for you. Look for a person who is knowledgeable, an experienced expert with tax specialization. There are actually various available types of assistance from people such as:
1. Tax Preparer
They have good knowledge when it comes to filing taxes. Tax preparers are persons that are highly trained and educated in preparing your tax returns and preparations.
2. Enrolled Agents
Compared to tax preparers, an enrolled agent can show you your taxes with an assessment. They are the “advanced” tax preparers, however the superiority or work and skills differs from agent to agent.
3. Certified Public Accountants
You cannot only use your CPA to prepare taxes for you; they can also help you to keep yourself from paying too much taxes. Their services are very expensive. You have to pay them in an hourly basis ranging from 200 to 300 dollars. However, they are worth the charges because a lot of them are very good. CPA's can give you the ins and outs about taxes. They can provide you ways on how to save on your taxes legally.
In choosing among the three, consider first your finances. If you have reasonably small earnings every year, you do not have to hire someone whose service charge is bigger than your income. Hire someone who is within your budget.
When you file your taxes, you can find someone who can do the job for you. Look for a person who is knowledgeable, an experienced expert with tax specialization. There are actually various available types of assistance from people such as:
1. Tax Preparer
They have good knowledge when it comes to filing taxes. Tax preparers are persons that are highly trained and educated in preparing your tax returns and preparations.
2. Enrolled Agents
Compared to tax preparers, an enrolled agent can show you your taxes with an assessment. They are the “advanced” tax preparers, however the superiority or work and skills differs from agent to agent.
3. Certified Public Accountants
You cannot only use your CPA to prepare taxes for you; they can also help you to keep yourself from paying too much taxes. Their services are very expensive. You have to pay them in an hourly basis ranging from 200 to 300 dollars. However, they are worth the charges because a lot of them are very good. CPA's can give you the ins and outs about taxes. They can provide you ways on how to save on your taxes legally.
In choosing among the three, consider first your finances. If you have reasonably small earnings every year, you do not have to hire someone whose service charge is bigger than your income. Hire someone who is within your budget.
Are You Overpaying Taxes If You Use Tax Preparation Software?
For many business owners the answer to this quandary is tax preparation software. Fill out a fairly simple interview, click “print” and out comes a completed return that will pass muster with the IRS. The answer to all your problems…or is it?
Can One Software Program Cover All Businesses?
Take a moment to consider the wide range of businesses that exist in the United States. Now cut that number down to those that can be categorized as “Internet businesses”. If you were asked to write a business plan to provide web design services to each of these services, how long would it be? It would be huge and completely useless because each business would have different needs. A Internet business selling flowers would have completely different needs from an online bank which would have different needs from a hosting company and so on. The only way you could create a practical plan for all Internet businesses would be to offer a collection of general services they could all use on their sites. Tax preparation software designers have the same problem.
There are over 15,000 pages in the tax code and over 100,000 pages of regulations interpreting those pages. Changes are made to the tax code ever year, and new regulations are issued constantly. If one were to create a list of questions for every tax deduction and credit detailed in those pages, the list of questions would be the size of a phone book! Yet, tax software programmers have somehow boiled it all down to a simple 30-minute interview process? Common sense should tell you that doesn’t make sense.
As practical matter, tax software programs are designed to make sure that you claim a general set of deductions that are applicable to businesses across all industries. Most programs try to mask this fact by asking you to identify your business before proceeding. For a lark, you might try selecting another industry and then running through the interview process. You will find that the interview process is modified a bit, but you are still being asked the same basic tax deduction questions.
If you are only claiming general business tax deductions, you are paying more than you should in taxes. Ask yourself if you have seen any of the following questions in a tax software program interview:
Q. Do you store business inventory in your house?
Hint: You may be able to claim hundreds or thousands of dollars in deductions.
Q. Did you start a pension plan for your employees?
Hint: You may be able to claim a tax credit for the next three years totaling $1,500.
Q. Do you have a home-based business and a second office?
Hint: You may be able to deduct your commuting expenses each day. Yes, commuting expenses.
Q. Do you have business meetings at your home?
Hint: Did you charge your business for the space?
Q. Should you claim the standard mileage rate for your auto or the actual costs?
Hint: The standard mileage rate may not the best option.
Q. Did you modify your business location to comply with the Americans with Disabilities Act?
Hint: You may be able to claim a tax credit AND tax deduction for tax savings of $20,000 or more.
Q. Did you refinance your home?
Hint: The points you paid on your original mortgage are fully deductible now, not over the length of the loan.
This represents only the tip of the iceberg of available credits and deductions available to you. Just one of these deductions could save you thousands of dollars in taxes. Yet, you are never going to see these questions raised in a tax software program interview. The tax code and regulations are simply too large to be incorporated into a usable software program.
Your business is unique. You face and overcome issues and problems that are unique to your size, financial situation and particular business needs. Don’t short change yourself by limiting your deductions by using tax software programs.
Can One Software Program Cover All Businesses?
Take a moment to consider the wide range of businesses that exist in the United States. Now cut that number down to those that can be categorized as “Internet businesses”. If you were asked to write a business plan to provide web design services to each of these services, how long would it be? It would be huge and completely useless because each business would have different needs. A Internet business selling flowers would have completely different needs from an online bank which would have different needs from a hosting company and so on. The only way you could create a practical plan for all Internet businesses would be to offer a collection of general services they could all use on their sites. Tax preparation software designers have the same problem.
There are over 15,000 pages in the tax code and over 100,000 pages of regulations interpreting those pages. Changes are made to the tax code ever year, and new regulations are issued constantly. If one were to create a list of questions for every tax deduction and credit detailed in those pages, the list of questions would be the size of a phone book! Yet, tax software programmers have somehow boiled it all down to a simple 30-minute interview process? Common sense should tell you that doesn’t make sense.
As practical matter, tax software programs are designed to make sure that you claim a general set of deductions that are applicable to businesses across all industries. Most programs try to mask this fact by asking you to identify your business before proceeding. For a lark, you might try selecting another industry and then running through the interview process. You will find that the interview process is modified a bit, but you are still being asked the same basic tax deduction questions.
If you are only claiming general business tax deductions, you are paying more than you should in taxes. Ask yourself if you have seen any of the following questions in a tax software program interview:
Q. Do you store business inventory in your house?
Hint: You may be able to claim hundreds or thousands of dollars in deductions.
Q. Did you start a pension plan for your employees?
Hint: You may be able to claim a tax credit for the next three years totaling $1,500.
Q. Do you have a home-based business and a second office?
Hint: You may be able to deduct your commuting expenses each day. Yes, commuting expenses.
Q. Do you have business meetings at your home?
Hint: Did you charge your business for the space?
Q. Should you claim the standard mileage rate for your auto or the actual costs?
Hint: The standard mileage rate may not the best option.
Q. Did you modify your business location to comply with the Americans with Disabilities Act?
Hint: You may be able to claim a tax credit AND tax deduction for tax savings of $20,000 or more.
Q. Did you refinance your home?
Hint: The points you paid on your original mortgage are fully deductible now, not over the length of the loan.
This represents only the tip of the iceberg of available credits and deductions available to you. Just one of these deductions could save you thousands of dollars in taxes. Yet, you are never going to see these questions raised in a tax software program interview. The tax code and regulations are simply too large to be incorporated into a usable software program.
Your business is unique. You face and overcome issues and problems that are unique to your size, financial situation and particular business needs. Don’t short change yourself by limiting your deductions by using tax software programs.
Compromising With The IRS
Few things threaten your well-being like the harassment and anxiety of persistent tax problems. Most people make 3 mistakes that get them in trouble with the IRS. They procrastinate. They attempt to represent themselves. They hire sub-par representation and now are in MORE need of help than ever before.
These are the kind of services a Tax Attorney can provide: Offer in Compromise Cases, Penalty Abatement Petitions, Full Audit Representations Business Strategy Sessions. Preparation and Filing of Tax Returns.
Settle taxes for Pennies on the Dollar owed, Stop IRS wage and bank levies (garnishments), Have property liens lifted, get affordable installment agreements, File bankruptcy against the IRS, Have penalties and interest forgiven, Reduce taxes by running out the IRS' time to collect.
Offer in Compromise: Settle your taxes for Pennies on the Dollar owed Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney. The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.
What is an IRS offer in compromise?
It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay. Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes.
If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers. You should take extreme caution. You should hire a professional with knowledge of the IRS' procedures.
This professional should determine the least amount that the IRS will accept from you. If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.
An Offer in Compromise may save you a LARGE amount of money. Do you know that the IRS only has a limited time to collect your back taxes?
Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out.
In most cases the IRS has only a limited time to collect the unpaid taxes. You must CAREFULLY evaluate exactly when that time period will run out.
Your troubles may be solved. and moreover: If the IRS' time has run out, or if it will run out soon, your troubles may be over.
Delaying tactics may be used to stall the IRS while their time runs out. Once the IRS is out of time, they MUST stop ALL collection action against you.
The IRS MUST release all property liens
TAX RETURNS - FAILURE TO FILE
Many people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.
When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"
If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.
IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.
The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.
These are the kind of services a Tax Attorney can provide: Offer in Compromise Cases, Penalty Abatement Petitions, Full Audit Representations Business Strategy Sessions. Preparation and Filing of Tax Returns.
Settle taxes for Pennies on the Dollar owed, Stop IRS wage and bank levies (garnishments), Have property liens lifted, get affordable installment agreements, File bankruptcy against the IRS, Have penalties and interest forgiven, Reduce taxes by running out the IRS' time to collect.
Offer in Compromise: Settle your taxes for Pennies on the Dollar owed Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney. The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.
What is an IRS offer in compromise?
It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay. Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes.
If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers. You should take extreme caution. You should hire a professional with knowledge of the IRS' procedures.
This professional should determine the least amount that the IRS will accept from you. If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.
An Offer in Compromise may save you a LARGE amount of money. Do you know that the IRS only has a limited time to collect your back taxes?
Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out.
In most cases the IRS has only a limited time to collect the unpaid taxes. You must CAREFULLY evaluate exactly when that time period will run out.
Your troubles may be solved. and moreover: If the IRS' time has run out, or if it will run out soon, your troubles may be over.
Delaying tactics may be used to stall the IRS while their time runs out. Once the IRS is out of time, they MUST stop ALL collection action against you.
The IRS MUST release all property liens
TAX RETURNS - FAILURE TO FILE
Many people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.
When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"
If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.
IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.
The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.
Filing Taxes Online Now Stress Free, Cost Free
For many Americans, the 2009 tax season will tax the nerves, take a lot of time and maybe cost a bundle, too.
Happily, there are ways to make doing taxes a lot faster, stress free and, possibly, cost free.
This is all possible because a tax industry maverick has broken down the barrier to free tax preparation. Customers can now e-file their returns without charge through www.TaxACT.com as well as prepare and print them for free.
A number of good reasons exist for filing your taxes online, including these:
1. It's faster. The software is designed in an easy-to-understand Q&A format. It asks intelligent questions in plain English and sorts out the tax code so that you don't have to.
2. It's easier than preparing your taxes by hand. There's no more erasing or whiting out. TaxACT asks smart questions based on previous answers. Users can also start their return and then save it to pick up again days or weeks later. How convenient.
3. You'll make fewer mistakes. Many programs flag mistakes and incomplete information (including TaxACT).
4. It's less costly. Filing returns online is less expensive than using an accountant. The software can be affordable and even free in the case of TaxACT Standard. Some taxpayers can file online for free at the IRS Web site, but ALL taxpayers can electronically file online for free at TaxACT.com.
5. Faster refunds. The average return time for e-filers is less than two weeks, whereas it can be months if you mail returns in.
Filing online this way not only eliminates costs associated with completing and filing your returns. The software also contains all of the forms, schedules and worksheets you'll need to prepare your federal tax return quickly and easily.
This year's edition of TaxACT Standard Federal features a simple seven-step process with reliable reference tools and automatic flags for inaccurate information to make the process convenient, speedy and reliable. TaxACT also automatically collects information for state returns, which makes preparing a state return just as fast and easy.
For those requiring extra advice or who have complex tax situations, a TaxACT Deluxe edition includes additional forms and gives more support.
Happily, there are ways to make doing taxes a lot faster, stress free and, possibly, cost free.
This is all possible because a tax industry maverick has broken down the barrier to free tax preparation. Customers can now e-file their returns without charge through www.TaxACT.com as well as prepare and print them for free.
A number of good reasons exist for filing your taxes online, including these:
1. It's faster. The software is designed in an easy-to-understand Q&A format. It asks intelligent questions in plain English and sorts out the tax code so that you don't have to.
2. It's easier than preparing your taxes by hand. There's no more erasing or whiting out. TaxACT asks smart questions based on previous answers. Users can also start their return and then save it to pick up again days or weeks later. How convenient.
3. You'll make fewer mistakes. Many programs flag mistakes and incomplete information (including TaxACT).
4. It's less costly. Filing returns online is less expensive than using an accountant. The software can be affordable and even free in the case of TaxACT Standard. Some taxpayers can file online for free at the IRS Web site, but ALL taxpayers can electronically file online for free at TaxACT.com.
5. Faster refunds. The average return time for e-filers is less than two weeks, whereas it can be months if you mail returns in.
Filing online this way not only eliminates costs associated with completing and filing your returns. The software also contains all of the forms, schedules and worksheets you'll need to prepare your federal tax return quickly and easily.
This year's edition of TaxACT Standard Federal features a simple seven-step process with reliable reference tools and automatic flags for inaccurate information to make the process convenient, speedy and reliable. TaxACT also automatically collects information for state returns, which makes preparing a state return just as fast and easy.
For those requiring extra advice or who have complex tax situations, a TaxACT Deluxe edition includes additional forms and gives more support.
Car Donation Tax Deduction
Next to wanting to contribute to charitable causes, perhaps your biggest motivation to donate your car is the substantial tax break it can give you. Don’t be misled by information about your return, because the tax breaks you can get from a car donation may not be as big as you think.
If your car donation is worth more than $500, then you should read “Revenue Provisions” in Section 884 of Title VIII. This details the new restrictions on car donations value at more than the aforementioned amount.
In a nutshell, the provision caps the allowable amount of tax deductions to the gross proceeds received by the recipient (the charitable organization you donate your car to) from the sale of your donated vehicle. When you donate a vehicle with a claimed value of $500 or more, your tax-deductible amount will depend on how the charity uses the vehicle. For example, if the charity sells the car, then you can only deduct the amount of gross proceeds that the charity received from the sale. On the other hand, if the charity plans to use the car for tax-approved charitable work as approved by the law, you can claim the car’s fair market value.
The same law also requires the charity to provide you with a written acknowledgment of the contribution within 30 days from the day you make the donation. If your recipient gives you a false or fraudulent acknowledgment, they will face a penalty.
In many instances the tax breaks you get from donating your car are enough to cover (or exceed) the amount you could have sold the car for. Remember that you usually do not have to pay for any paperwork or dealer fees when you donate your car. In the end it is still more sensible to donate you car rather than sell it. This way you don’t only make a profit – you also help worthy causes.
If your car donation is worth more than $500, then you should read “Revenue Provisions” in Section 884 of Title VIII. This details the new restrictions on car donations value at more than the aforementioned amount.
In a nutshell, the provision caps the allowable amount of tax deductions to the gross proceeds received by the recipient (the charitable organization you donate your car to) from the sale of your donated vehicle. When you donate a vehicle with a claimed value of $500 or more, your tax-deductible amount will depend on how the charity uses the vehicle. For example, if the charity sells the car, then you can only deduct the amount of gross proceeds that the charity received from the sale. On the other hand, if the charity plans to use the car for tax-approved charitable work as approved by the law, you can claim the car’s fair market value.
The same law also requires the charity to provide you with a written acknowledgment of the contribution within 30 days from the day you make the donation. If your recipient gives you a false or fraudulent acknowledgment, they will face a penalty.
In many instances the tax breaks you get from donating your car are enough to cover (or exceed) the amount you could have sold the car for. Remember that you usually do not have to pay for any paperwork or dealer fees when you donate your car. In the end it is still more sensible to donate you car rather than sell it. This way you don’t only make a profit – you also help worthy causes.
Correspondence From The IRS – Yikes!
It’s a moment every person dreads. You pick up the mail and there is an envelope from the IRS. It’s not a refund check. What do you do?
Don’t Panic
Each year, the IRS sends out millions of “correspondence audits” to taxpayers to request payment of taxes, notify them of a change to their account or request additional information. These audits normally cover a very specific issue, often notifying you of additional small amounts of income for which you owe tax. Each letter and notice provides specific instructions explaining what you should do if action is necessary to satisfy the inquiry.
Most correspondence can be handled without calling or visiting the IRS. You simply follow the instructions in the letter and the matter is put to rest. Alternatively, you can contact the IRS to contest the matter. Simply call the telephone number indicated on the letter or write an explanation as to why you disagree. Make sure to include copies of any supporting documentation you want considered by the IRS. Typically, it will take the IRS between one and two months to respond. During the first quarter of the year, it can take two to three months.
Sometimes, the IRS sends a second letter or notice requesting additional information or providing additional information to you. Be sure to keep copies of any correspondence with your records. The IRS has been known to lose track of actions involving a taxpayer’s account.
Worse Case Scenario
Everybody has a few really bad days in his or her life. You know, the car breaks down, you spill coffee on your shirt while driving to work…you get notice of a full blown audit from the IRS. The first step you take should not be drinking to excess or driving for the border. You have rights when the IRS comes calling and one of them is particularly important.
Representation
You have the right to be represented by an accountant or attorney at your audit. Under no conditions should you even consider going to an audit by yourself. Doing so would be like throwing red meat to a lion. Instead, spend the money to get representation and let them handle the audit. In most cases, you won’t even have to go to the audit.
Nightmarish tax audits are generally a thing of the past. A letter from the IRS should not cause you to faint. Usually, the news isn’t that bad. If it is, hire representation and let them handle it.
Don’t Panic
Each year, the IRS sends out millions of “correspondence audits” to taxpayers to request payment of taxes, notify them of a change to their account or request additional information. These audits normally cover a very specific issue, often notifying you of additional small amounts of income for which you owe tax. Each letter and notice provides specific instructions explaining what you should do if action is necessary to satisfy the inquiry.
Most correspondence can be handled without calling or visiting the IRS. You simply follow the instructions in the letter and the matter is put to rest. Alternatively, you can contact the IRS to contest the matter. Simply call the telephone number indicated on the letter or write an explanation as to why you disagree. Make sure to include copies of any supporting documentation you want considered by the IRS. Typically, it will take the IRS between one and two months to respond. During the first quarter of the year, it can take two to three months.
Sometimes, the IRS sends a second letter or notice requesting additional information or providing additional information to you. Be sure to keep copies of any correspondence with your records. The IRS has been known to lose track of actions involving a taxpayer’s account.
Worse Case Scenario
Everybody has a few really bad days in his or her life. You know, the car breaks down, you spill coffee on your shirt while driving to work…you get notice of a full blown audit from the IRS. The first step you take should not be drinking to excess or driving for the border. You have rights when the IRS comes calling and one of them is particularly important.
Representation
You have the right to be represented by an accountant or attorney at your audit. Under no conditions should you even consider going to an audit by yourself. Doing so would be like throwing red meat to a lion. Instead, spend the money to get representation and let them handle the audit. In most cases, you won’t even have to go to the audit.
Nightmarish tax audits are generally a thing of the past. A letter from the IRS should not cause you to faint. Usually, the news isn’t that bad. If it is, hire representation and let them handle it.
Didn’t File Anything with the IRS on April 15th?
The magic tax date of April 15th has passed. If you did not file a tax return or extension request, you need to consider the following.
Didn’t File Anything with the IRS on April 15th?
The Internal Revenue Service is a bit touchy about filing tax returns. It would prefer you to file a return or extension to doing nothing, even if you cannot pay. If worse comes to worse, the IRS will simply put you on a payment plan. Failing to file anything, however, can lead too more unwanted attention from the agency than you could possible want to receive.
In general, you should always try to pay your taxes whenever possible. Failure to do so can lead to brutal penalties and interest charges. If the IRS thinks you are up to something funny, the penalties and interest can add up to 25 percent of your tax bill. That is a big chunk of change!
If you are due a refund, but just did not get around to filing your taxes, you do not have to worry about penalties and interest. There are none since you are owed money. That being said, are you nuts? Why would you give the government an interest free loan? What could you be using that money for in your daily life? Get off the couch and get a return filed so you can get your money back. For obvious reasons, few people let refunds sit at the IRS. If you are insanely lazy, keep in mind you will lose the refunds if you do not claim them within three years of the original filing date. Frankly, you deserve to if you are that lazy!
If you owe taxes and do not have the cash, there may be an alternative you can use. To the surprise of many, the IRS accepts credit cards as a payment method. With high interest rates, credit cards are not a great option. On the other hand, credit card companies cannot audit you!
The IRS understands that a certain percentage of taxpayers may not be able to pay all of their taxes. The key to keeping the agency off your back is to file the return even if you cannot pay.
Didn’t File Anything with the IRS on April 15th?
The Internal Revenue Service is a bit touchy about filing tax returns. It would prefer you to file a return or extension to doing nothing, even if you cannot pay. If worse comes to worse, the IRS will simply put you on a payment plan. Failing to file anything, however, can lead too more unwanted attention from the agency than you could possible want to receive.
In general, you should always try to pay your taxes whenever possible. Failure to do so can lead to brutal penalties and interest charges. If the IRS thinks you are up to something funny, the penalties and interest can add up to 25 percent of your tax bill. That is a big chunk of change!
If you are due a refund, but just did not get around to filing your taxes, you do not have to worry about penalties and interest. There are none since you are owed money. That being said, are you nuts? Why would you give the government an interest free loan? What could you be using that money for in your daily life? Get off the couch and get a return filed so you can get your money back. For obvious reasons, few people let refunds sit at the IRS. If you are insanely lazy, keep in mind you will lose the refunds if you do not claim them within three years of the original filing date. Frankly, you deserve to if you are that lazy!
If you owe taxes and do not have the cash, there may be an alternative you can use. To the surprise of many, the IRS accepts credit cards as a payment method. With high interest rates, credit cards are not a great option. On the other hand, credit card companies cannot audit you!
The IRS understands that a certain percentage of taxpayers may not be able to pay all of their taxes. The key to keeping the agency off your back is to file the return even if you cannot pay.
Dear John Letters From The IRS
Undoubtedly, you are aware of Dear John letters. Often a young lady sent them to men in the military, often containing bad news. Well, the IRS sends them to taxpayers as well.
Dear John Letters From The IRS
The Internal Revenue Service sends out millions of Dear John letters to taxpayers every year. Instead of informing you of a break up, these letters let you know the IRS would like to get a bit closer. Before you bang your head on the wall, you should understand these letters are typically not the sign of impending doom.
Dear John letters from the IRS are technically known as correspondence audits. Instead of showing up on your doorstep, the IRS simply sends a letter regarding some aspect of your taxes. The letter may inform you the IRS believes you owe extra money because of some issue. Surprising, the IRS may also send you a notice that it believes you overpaid some aspect of business taxes. Unfortunately, it does not do this for personal returns. The letter may also contain a request for an explanation of some aspect of your return or documentation supporting the same. Regardless, you need to understand the IRS sends so many of these out that there really is no reason to panic.
Importantly, the IRS almost always asks you to take very simple steps in the letter. You are almost always asked to agree or disagree with whatever they are requesting. If you agree, you rarely have to actually do anything other than perhaps cut a check. If you disagree, you need to write a letter explaining why and then wait a few months for the IRS to get back to you. If the IRS does not agree with your explanation, a larger audit proceeding may be undertaken.
Dear John letters from the IRS almost always cover simple matters. Make sure to keep copies of all correspondence, so you have a record of how things went down. The IRS often loses such things, so it can keep you out of trouble down the road if the IRS sends a second letter on the same issue.
Dear John Letters From The IRS
The Internal Revenue Service sends out millions of Dear John letters to taxpayers every year. Instead of informing you of a break up, these letters let you know the IRS would like to get a bit closer. Before you bang your head on the wall, you should understand these letters are typically not the sign of impending doom.
Dear John letters from the IRS are technically known as correspondence audits. Instead of showing up on your doorstep, the IRS simply sends a letter regarding some aspect of your taxes. The letter may inform you the IRS believes you owe extra money because of some issue. Surprising, the IRS may also send you a notice that it believes you overpaid some aspect of business taxes. Unfortunately, it does not do this for personal returns. The letter may also contain a request for an explanation of some aspect of your return or documentation supporting the same. Regardless, you need to understand the IRS sends so many of these out that there really is no reason to panic.
Importantly, the IRS almost always asks you to take very simple steps in the letter. You are almost always asked to agree or disagree with whatever they are requesting. If you agree, you rarely have to actually do anything other than perhaps cut a check. If you disagree, you need to write a letter explaining why and then wait a few months for the IRS to get back to you. If the IRS does not agree with your explanation, a larger audit proceeding may be undertaken.
Dear John letters from the IRS almost always cover simple matters. Make sure to keep copies of all correspondence, so you have a record of how things went down. The IRS often loses such things, so it can keep you out of trouble down the road if the IRS sends a second letter on the same issue.
Fraudulent Tax Shelters – KMPG Goes Down Hard
In the largest criminal tax case ever filed, KMPG has copped a plea to using fraudulent tax shelters to bilk the government out of 2.5 billion dollars. KMPG has agreed to pay a fine of $456 million dollars, but nine of its executives still are under indictment.
Son of Boss Tax Shelters
From 1996 to 2003, KMPG promoted a tax strategy known as the Son of Boss. This shelter was used to create phony tax losses that could be claimed by wealth individuals looking to write off tens of millions of dollars. KMPG promoted the structure despite the fact it’s own internal tax attorneys warned the structure was fraudulent and could result in criminal charges. So far, wealthy individuals participating in the scheme have paid over $3.7 billion dollars to the IRS.
There should be no mistaking the impact of the plea agreement in this case. KMPG may have enjoyed the huge fees earned from the scam, but it is paying an incredible price for pursuing this practice. The price paid includes:
1. 456 Million Dollar Fine,
2. Permanently barred from providing tax services to wealthy individuals,
3. Permanently barred from involvement in any pre-packaged tax strategies,
4. Permanently barred from charging a contingency fee for work,
5. All actions monitored by government appointee for three years,
6. Full cooperation with government in indictments of individual KMPG employees.
Remaining Indictments
While KMPG pled guilty, it left its employees out to dry. An interesting maneuver since one can assume KMPG enjoyed the millions of dollars produced from the fraudulent tax shelters. Those under indictment, who are all now former employees, are:
1. Jeffrey Stein, former Deputy Chairman of KPMG, former Vice Chairman of KPMG in charge of Tax and former KPMG tax partner;
2. John Lanning, former Vice Chairman of KPMG in charge of Tax and former KPMG tax partner;
3. Richard Smith, former Vice Chairman of KPMG in charge of Tax, a former leader of KPMG’s Washington National Tax and former KPMG tax partner;
4. Jeffrey Eischeid, former head of KPMG’s Innovative Strategies group and its Personal Financial Planning Group and former KPMG tax partner;
5. Philip Wiesner, former Partner-In-Charge of KPMG’s Washington National Tax office and former KPMG tax partner;
6. John Larson, a former KPMG senior tax manager;
7. Robert Pfaff, a former KPMG tax partner;
8. Mark Watson, a former KPMG tax partner in its Washington National Tax office.
In Closing
In the end, KMPG led clients down a very dangerous path for the apparent purpose of generating revenue. While even bad publicity is supposed to be good publicity, this situation seems to suggest the opposite.
Son of Boss Tax Shelters
From 1996 to 2003, KMPG promoted a tax strategy known as the Son of Boss. This shelter was used to create phony tax losses that could be claimed by wealth individuals looking to write off tens of millions of dollars. KMPG promoted the structure despite the fact it’s own internal tax attorneys warned the structure was fraudulent and could result in criminal charges. So far, wealthy individuals participating in the scheme have paid over $3.7 billion dollars to the IRS.
There should be no mistaking the impact of the plea agreement in this case. KMPG may have enjoyed the huge fees earned from the scam, but it is paying an incredible price for pursuing this practice. The price paid includes:
1. 456 Million Dollar Fine,
2. Permanently barred from providing tax services to wealthy individuals,
3. Permanently barred from involvement in any pre-packaged tax strategies,
4. Permanently barred from charging a contingency fee for work,
5. All actions monitored by government appointee for three years,
6. Full cooperation with government in indictments of individual KMPG employees.
Remaining Indictments
While KMPG pled guilty, it left its employees out to dry. An interesting maneuver since one can assume KMPG enjoyed the millions of dollars produced from the fraudulent tax shelters. Those under indictment, who are all now former employees, are:
1. Jeffrey Stein, former Deputy Chairman of KPMG, former Vice Chairman of KPMG in charge of Tax and former KPMG tax partner;
2. John Lanning, former Vice Chairman of KPMG in charge of Tax and former KPMG tax partner;
3. Richard Smith, former Vice Chairman of KPMG in charge of Tax, a former leader of KPMG’s Washington National Tax and former KPMG tax partner;
4. Jeffrey Eischeid, former head of KPMG’s Innovative Strategies group and its Personal Financial Planning Group and former KPMG tax partner;
5. Philip Wiesner, former Partner-In-Charge of KPMG’s Washington National Tax office and former KPMG tax partner;
6. John Larson, a former KPMG senior tax manager;
7. Robert Pfaff, a former KPMG tax partner;
8. Mark Watson, a former KPMG tax partner in its Washington National Tax office.
In Closing
In the end, KMPG led clients down a very dangerous path for the apparent purpose of generating revenue. While even bad publicity is supposed to be good publicity, this situation seems to suggest the opposite.
H&R Block: Tax Changes to Affect Millions This Year
Major tax law changes and missed credits will affect millions of taxpayers this year.
There are new guidelines for claiming child-related benefits and new tax breaks for hurricane victims and charitable donors. The alternative minimum tax (AMT) is on track to snare almost 4 million taxpayers this year, and millions more will fail to claim credits for their higher education expenses.
Miss out on these changes, and you could be joining the millions of Americans overpaying their taxes by $1 billion each year by missing credits and deductions.
To help taxpayers understand these issues, H&R Block is kicking off the tax season by mobilizing its network of more than 70,000 tax professionals. H&R Block tax professionals will be hitting the streets across America, delivering free advice on tax topics with the most widespread impact.
"Our tax experts have identified five major tax areas that deserve special attention by taxpayers this year," said Tim Gokey, president of the U.S. Tax Division of H&R Block.
Here are the top five things you need to know about taxes this year:
1. Claiming child-related benefits: A new "uniform definition of a child" changes how taxpayers can claim child dependents. Anyone with a child may gain or lose important tax benefits due to the changes.
2. Hurricane relief and charitable giving: New tax breaks benefit those impacted by hurricanes along the Gulf Coast and individuals who contributed to the relief efforts.
3. Alternative minimum tax: The number of taxpayers paying the AMT will soar from nearly 4 million in 2005 to almost 20 million in 2009 if the law remains unchanged.
4. Earned income tax credit: It makes the list every year, but 25 percent of eligible families fail to claim this credit, which is worth an average of $1,760.
5. Education-related benefits: Nearly 27 percent of eligible taxpayers fail to claim education tax benefits. Evaluating which education tax break provides the greatest savings - the Lifetime Learning Credit, the Hope Credit and Tuition and Fees Deduction - can be difficult because of odd phaseouts and varying eligibility guidelines.
There are new guidelines for claiming child-related benefits and new tax breaks for hurricane victims and charitable donors. The alternative minimum tax (AMT) is on track to snare almost 4 million taxpayers this year, and millions more will fail to claim credits for their higher education expenses.
Miss out on these changes, and you could be joining the millions of Americans overpaying their taxes by $1 billion each year by missing credits and deductions.
To help taxpayers understand these issues, H&R Block is kicking off the tax season by mobilizing its network of more than 70,000 tax professionals. H&R Block tax professionals will be hitting the streets across America, delivering free advice on tax topics with the most widespread impact.
"Our tax experts have identified five major tax areas that deserve special attention by taxpayers this year," said Tim Gokey, president of the U.S. Tax Division of H&R Block.
Here are the top five things you need to know about taxes this year:
1. Claiming child-related benefits: A new "uniform definition of a child" changes how taxpayers can claim child dependents. Anyone with a child may gain or lose important tax benefits due to the changes.
2. Hurricane relief and charitable giving: New tax breaks benefit those impacted by hurricanes along the Gulf Coast and individuals who contributed to the relief efforts.
3. Alternative minimum tax: The number of taxpayers paying the AMT will soar from nearly 4 million in 2005 to almost 20 million in 2009 if the law remains unchanged.
4. Earned income tax credit: It makes the list every year, but 25 percent of eligible families fail to claim this credit, which is worth an average of $1,760.
5. Education-related benefits: Nearly 27 percent of eligible taxpayers fail to claim education tax benefits. Evaluating which education tax break provides the greatest savings - the Lifetime Learning Credit, the Hope Credit and Tuition and Fees Deduction - can be difficult because of odd phaseouts and varying eligibility guidelines.
How To Audit-Proof Your Tax Return Forever: A Recent Close Encounter Of The IRS-Kind
Congress has passed legislation that is supposed to result in a more "sensitive" Internal Revenue Service. You know, not such a lean, mean, tax-collecting machine.
Hmmm . . . . What do you think?
A few months ago, one of my clients (let's call him Mr. Jones) got one of those IRS "love letters" requesting more information about his return, and the IRS wanted to meet with Mr. Jones in person to discuss the situation.
Mr. Jones (a local small business owner) was required to show up at the local IRS office with all his records. The IRS was questioning the legitimacy of several business deductions -- and so the IRS was doing what it is allowed by law to do -- demand that the taxpayer prove that those deductions were valid.
Turns out that Mr. Jones lost the audit and ended up owing the IRS a significant amount of money -- the additional tax, plus penalty and interest for late payment of that tax. Why did Mr. Jones' lose the audit? Mr. Jones made two "classic" taxpayer mistakes:
MISTAKE #1: "NO RECEIPT, NO DEDUCTION"
Mr. Jones lost several deductions simply because he didn't have the proper documentation to prove the deductions.
What do I mean by "documentation"?
Well, if the IRS requires you to substantiate a deduction on your tax return, you must be able to provide written proof that the deduction really happened. The easiest way to prove a deduction is to hang on to:
a) The receipt or invoice, and
b) Proof of payment, which can be a canceled check, cash receipt, or credit card statement.
Mr. Jones reported numerous deductions for which he simply didn't have the documentation. No receipts, no canceled checks, no nothing. Turns out that Mr. Jones was one of those "cash guys". Maybe you know what kind of guy I'm talking about -- he never wrote a check in his life, just carried a wad of cash around in his pocket. He paid for everything with cash, and never kept any of his receipts.
Every year he'd sit down with his wife and "remember" how much he spent on different things. No way to prove any of this, of course. He just had a "feel" for how much cash he had spent, and he had run his business for so many years that he just "knew" how much it cost to purchase certain things.
Well, this is the kind of taxpayer that the IRS loves! It really is true -- if you can't prove that you paid for something (with receipts, invoices, canceled checks, etc.), then you run the risk of losing that deduction in the event of an audit.
One of the most common questions I am asked by clients is this: "I know I paid for something, but I don't have a receipt. Should I still report the deduction."
My response is usually this: "You only need a receipt if you get audited."
At first, people don't know if I am joking or not. Well, I do make that comment with my tongue planted firmly in cheek, but there really is a lot of truth to it. If you don't have the documentation to prove a deduction, you can still report the deduction (if you want), because you only have to prove the deduction if you get audited.
But if you do get audited, knowing that there are undocumented deductions on the return, be prepared to lose the deduction. Fair enough?
And here's the other major mistake that Mr. Jones made:
MISTAKE #2: BOGUS DEDUCTIONS
It turns out that Mr. Jones wasn't completely honest with me about some of his deductions. He reported deductions that simply were not real deductions. Here's one example: Mr. Jones owned several rental houses. These rental houses, of course, required maintenance and repair work. Many times Mr. Jones would do the work himself rather than pay someone else to do the work.
Well, Mr. Jones would estimate what he would have had to pay someone else to do the work that he did himself, and then he would report that amount as a deduction, even though he didn't actually pay anybody to do the work.
In other words, Mr. Jones deducted the value of his time -- which is non-deductible.
This is an important point -- you can never legitimately deduct the value of your time for work you did. You have to actually pay someone else to do the labor.
If you ever get a letter from the IRS demanding additional information, you'll have nothing to worry about if you do exactly the opposite of what Mr. Jones did. If you can properly document your deductions and assuming you have no bogus information, you'll pass the audit with flying colors.
Hmmm . . . . What do you think?
A few months ago, one of my clients (let's call him Mr. Jones) got one of those IRS "love letters" requesting more information about his return, and the IRS wanted to meet with Mr. Jones in person to discuss the situation.
Mr. Jones (a local small business owner) was required to show up at the local IRS office with all his records. The IRS was questioning the legitimacy of several business deductions -- and so the IRS was doing what it is allowed by law to do -- demand that the taxpayer prove that those deductions were valid.
Turns out that Mr. Jones lost the audit and ended up owing the IRS a significant amount of money -- the additional tax, plus penalty and interest for late payment of that tax. Why did Mr. Jones' lose the audit? Mr. Jones made two "classic" taxpayer mistakes:
MISTAKE #1: "NO RECEIPT, NO DEDUCTION"
Mr. Jones lost several deductions simply because he didn't have the proper documentation to prove the deductions.
What do I mean by "documentation"?
Well, if the IRS requires you to substantiate a deduction on your tax return, you must be able to provide written proof that the deduction really happened. The easiest way to prove a deduction is to hang on to:
a) The receipt or invoice, and
b) Proof of payment, which can be a canceled check, cash receipt, or credit card statement.
Mr. Jones reported numerous deductions for which he simply didn't have the documentation. No receipts, no canceled checks, no nothing. Turns out that Mr. Jones was one of those "cash guys". Maybe you know what kind of guy I'm talking about -- he never wrote a check in his life, just carried a wad of cash around in his pocket. He paid for everything with cash, and never kept any of his receipts.
Every year he'd sit down with his wife and "remember" how much he spent on different things. No way to prove any of this, of course. He just had a "feel" for how much cash he had spent, and he had run his business for so many years that he just "knew" how much it cost to purchase certain things.
Well, this is the kind of taxpayer that the IRS loves! It really is true -- if you can't prove that you paid for something (with receipts, invoices, canceled checks, etc.), then you run the risk of losing that deduction in the event of an audit.
One of the most common questions I am asked by clients is this: "I know I paid for something, but I don't have a receipt. Should I still report the deduction."
My response is usually this: "You only need a receipt if you get audited."
At first, people don't know if I am joking or not. Well, I do make that comment with my tongue planted firmly in cheek, but there really is a lot of truth to it. If you don't have the documentation to prove a deduction, you can still report the deduction (if you want), because you only have to prove the deduction if you get audited.
But if you do get audited, knowing that there are undocumented deductions on the return, be prepared to lose the deduction. Fair enough?
And here's the other major mistake that Mr. Jones made:
MISTAKE #2: BOGUS DEDUCTIONS
It turns out that Mr. Jones wasn't completely honest with me about some of his deductions. He reported deductions that simply were not real deductions. Here's one example: Mr. Jones owned several rental houses. These rental houses, of course, required maintenance and repair work. Many times Mr. Jones would do the work himself rather than pay someone else to do the work.
Well, Mr. Jones would estimate what he would have had to pay someone else to do the work that he did himself, and then he would report that amount as a deduction, even though he didn't actually pay anybody to do the work.
In other words, Mr. Jones deducted the value of his time -- which is non-deductible.
This is an important point -- you can never legitimately deduct the value of your time for work you did. You have to actually pay someone else to do the labor.
If you ever get a letter from the IRS demanding additional information, you'll have nothing to worry about if you do exactly the opposite of what Mr. Jones did. If you can properly document your deductions and assuming you have no bogus information, you'll pass the audit with flying colors.
Tax Credit for Going Solar
As we sit in the middle of winter, most people can’t believe how high their utility bills are. Going with solar energy can lower your bills and you get a hefty tax credit
Solar Tax Credit
Solar energy is a clean, renewable energy source. The production of solar energy on residential and commercial structures creates no pollutants and is starting to make serious financial sense. In 35 states, the concept of net metering is now an established fact. Net metering simply means you can sell energy from solar panel systems back to utilities, thus eliminating or seriously reducing utility bills. As oil and natural gas costs skyrocket, the Federal Government is doing even more to promote the use of solar energy.
In 2005, Congress enacted the Energy Policy Act. As part of the act, a tax credit was established for any person purchasing and installing residential solar energy systems for electric and water heating purposes. If you purchase and install solar systems for either of these purposes, you can take a 30 percent tax credit. If you install systems for both of these purposes you can double the tax credit. To avoid tax abuse, each tax credit has a cap of $2,000.
Importantly, tax credits are far more valuable than tax deductions. Tax deductions are taken from your gross income prior to figuring the amount of tax owed. Tax credits are a dollar for dollar reduction of the actual amount of tax you owe. For instance, if you prepare your tax returns and find you owe $5,000 to the IRS, a tax credit would be deducted from this $5,000 figure. In short, a tax credit gives you a lot more bang for your buck.
To claim the solar tax credit, there are a few restrictions and requirements. First, you can’t claim the tax credit if you use the solar system to heat a hot tub or pool. Second, the system must be certified by a solar rating certification corporation to establish that you, in fact, installed a working system. Third, the system must be activated between January 1, 2005 and the end of 2007. Finally, you cannot claim the credit if the government gave you a grant or financing to purchase the system, to wit, no double dipping.
When solar energy is discussed as a potential alternative energy source, most supporters point to the environmental benefits. Ultimately, the benefits to ones bank account will really make the difference and the solar tax credit is a solid step in that direction.
Solar Tax Credit
Solar energy is a clean, renewable energy source. The production of solar energy on residential and commercial structures creates no pollutants and is starting to make serious financial sense. In 35 states, the concept of net metering is now an established fact. Net metering simply means you can sell energy from solar panel systems back to utilities, thus eliminating or seriously reducing utility bills. As oil and natural gas costs skyrocket, the Federal Government is doing even more to promote the use of solar energy.
In 2005, Congress enacted the Energy Policy Act. As part of the act, a tax credit was established for any person purchasing and installing residential solar energy systems for electric and water heating purposes. If you purchase and install solar systems for either of these purposes, you can take a 30 percent tax credit. If you install systems for both of these purposes you can double the tax credit. To avoid tax abuse, each tax credit has a cap of $2,000.
Importantly, tax credits are far more valuable than tax deductions. Tax deductions are taken from your gross income prior to figuring the amount of tax owed. Tax credits are a dollar for dollar reduction of the actual amount of tax you owe. For instance, if you prepare your tax returns and find you owe $5,000 to the IRS, a tax credit would be deducted from this $5,000 figure. In short, a tax credit gives you a lot more bang for your buck.
To claim the solar tax credit, there are a few restrictions and requirements. First, you can’t claim the tax credit if you use the solar system to heat a hot tub or pool. Second, the system must be certified by a solar rating certification corporation to establish that you, in fact, installed a working system. Third, the system must be activated between January 1, 2005 and the end of 2007. Finally, you cannot claim the credit if the government gave you a grant or financing to purchase the system, to wit, no double dipping.
When solar energy is discussed as a potential alternative energy source, most supporters point to the environmental benefits. Ultimately, the benefits to ones bank account will really make the difference and the solar tax credit is a solid step in that direction.
Wise Tax Ideas
Most people don't really look forward to filing their tax returns and paying their taxes. As it is, there really isn't much to look forward to because it is a tedious process that can take weeks to complete. Some people even have the bad luck to raise the interest of the IRS. The trouble is, most of these people's mistakes are not intentional. They just lack proper tax preparation, and in all probability, must have rushed through the filing process. Lack of preparation and attention to detail are the most common faults of people who often get flagged by the IRS. Let's face it. Even if audits are not criminal in nature, they are embarrassing and distressing events people can do without.
Filing accurate tax returns and paying correct taxes are not impossible with the right preparation and a good headstart. A good headstart is important in filing because taxpayers get more lead time to organize and prepare the necessary documents. Even if there are lots of tax software available, it is a wise idea to allot a significant amount of time in reviewing past returns, current returns applications, and tax laws. Tax laws are dynamic; they can be changed or revised between the last tax season and the one coming up. There might be some important things in the revised policies that can affect your returns and deductions. Pleading ignorance of the new policies are not acceptable to the government and the IRS because everybody is presumed to know the law. Taxpayers are recommended to review their current applications especially if they've been audited before. According to the IRS, taxpayers repeating audited mistakes are not uncommon. Speaking of mistakes, "forgetting" additional income sources is the predominant mistake most people make. The IRS also compares issued forms against reported income on the returns for disparity. Still on the issue of disparity and comparison, returns are checked for names and SS numbers so they must mirror those in the SS records. Wrongly issued forms must be returned and reported to the issuer for corrections.
Wrong sums are also common mistakes due to rushing. Though tax software is usually thought of as a late taxpayer's savior, early filers can use this software to check their computations. Tax charges can usually be avoided by printing correct sums on returns. Taxpayers are encouraged to file their returns even if their current financial situation makes them unable to pay their taxes. Installment payment is an option that IRS offers. Tax matters are sensitive and can be subjected to random auditing. It is advised that taxpayers keep and file their returns of six years at the very least for reference if ever they are called for auditing. Lastly, since the agency is the one who gets burdened by tax problems, the IRS is open to giving assistance to taxpayers. With proper preparation, filing tax returns can be an easy process.
Filing accurate tax returns and paying correct taxes are not impossible with the right preparation and a good headstart. A good headstart is important in filing because taxpayers get more lead time to organize and prepare the necessary documents. Even if there are lots of tax software available, it is a wise idea to allot a significant amount of time in reviewing past returns, current returns applications, and tax laws. Tax laws are dynamic; they can be changed or revised between the last tax season and the one coming up. There might be some important things in the revised policies that can affect your returns and deductions. Pleading ignorance of the new policies are not acceptable to the government and the IRS because everybody is presumed to know the law. Taxpayers are recommended to review their current applications especially if they've been audited before. According to the IRS, taxpayers repeating audited mistakes are not uncommon. Speaking of mistakes, "forgetting" additional income sources is the predominant mistake most people make. The IRS also compares issued forms against reported income on the returns for disparity. Still on the issue of disparity and comparison, returns are checked for names and SS numbers so they must mirror those in the SS records. Wrongly issued forms must be returned and reported to the issuer for corrections.
Wrong sums are also common mistakes due to rushing. Though tax software is usually thought of as a late taxpayer's savior, early filers can use this software to check their computations. Tax charges can usually be avoided by printing correct sums on returns. Taxpayers are encouraged to file their returns even if their current financial situation makes them unable to pay their taxes. Installment payment is an option that IRS offers. Tax matters are sensitive and can be subjected to random auditing. It is advised that taxpayers keep and file their returns of six years at the very least for reference if ever they are called for auditing. Lastly, since the agency is the one who gets burdened by tax problems, the IRS is open to giving assistance to taxpayers. With proper preparation, filing tax returns can be an easy process.
Your Appeal Rights When Fighting The IRS
Are you in the middle of a disagreement with the IRS? One of the guaranteed rights for all taxpayers is the right to appeal. If you disagree with the IRS about the amount of your tax liability or about proposed collection actions, you have the right to ask the IRS Appeals Office to review your case.
During their contact with taxpayers, IRS employees are required to explain and protect these taxpayer rights, including the right to appeal. The IRS appeals system is for people who do not agree with the results of an examination of their tax returns or other adjustments to their tax liability. In addition to examinations, you can appeal many other things, including:
1. Collection actions such as liens, levies, seizures, installment agreement terminations and rejected offers-in-compromise,
2. Penalties and interest, and
3. Employment tax adjustments and the trust fund recovery penalty.
Internal IRS Appeal conferences are informal meetings. The local Appeals Office, which is independent of the IRS office, can sometimes resolve an appeal by telephone or through correspondence.
The IRS also offers an option called Fast Track Mediation, during which an appeals or settlement officer attempts to help you and the IRS reach a mutually satisfactory solution. Most cases not docketed in court qualify for Fast Track Mediation. You may request Fast Track Mediation at the conclusion of an audit or collection determination, but prior to your request for a normal appeals hearing. Fast Track Mediation is meant to promote the early resolution of a dispute. It doesn’t eliminate or replace existing dispute resolution options, including your opportunity to request a conference with a manager or a hearing before Appeals. You may withdraw from the mediation process at any time.
When attending an informal meeting or pursuing mediation, you may represent yourself or you can be represented by an attorney, certified public accountant or individual enrolled to practice before the IRS.
If you and the IRS appeals officer cannot reach agreement, or if you prefer not to appeal within the IRS, in most cases you may take your disagreement to federal court. Usually, it is worth having a go at mediation before committing to an expensive and time-consuming court process.
During their contact with taxpayers, IRS employees are required to explain and protect these taxpayer rights, including the right to appeal. The IRS appeals system is for people who do not agree with the results of an examination of their tax returns or other adjustments to their tax liability. In addition to examinations, you can appeal many other things, including:
1. Collection actions such as liens, levies, seizures, installment agreement terminations and rejected offers-in-compromise,
2. Penalties and interest, and
3. Employment tax adjustments and the trust fund recovery penalty.
Internal IRS Appeal conferences are informal meetings. The local Appeals Office, which is independent of the IRS office, can sometimes resolve an appeal by telephone or through correspondence.
The IRS also offers an option called Fast Track Mediation, during which an appeals or settlement officer attempts to help you and the IRS reach a mutually satisfactory solution. Most cases not docketed in court qualify for Fast Track Mediation. You may request Fast Track Mediation at the conclusion of an audit or collection determination, but prior to your request for a normal appeals hearing. Fast Track Mediation is meant to promote the early resolution of a dispute. It doesn’t eliminate or replace existing dispute resolution options, including your opportunity to request a conference with a manager or a hearing before Appeals. You may withdraw from the mediation process at any time.
When attending an informal meeting or pursuing mediation, you may represent yourself or you can be represented by an attorney, certified public accountant or individual enrolled to practice before the IRS.
If you and the IRS appeals officer cannot reach agreement, or if you prefer not to appeal within the IRS, in most cases you may take your disagreement to federal court. Usually, it is worth having a go at mediation before committing to an expensive and time-consuming court process.
Which 1099 Tax Forms concern you?
It’s tax time again and you must be sure to receive all the necessary forms. What is a 1099 tax form and who gets one? A Tax Form 1099 is used to report income other than wages, salaries and tips. Here of late, this term is used more and more frequently as many employers are opting to use contract labor versus hiring employees, who can turn out to be quite expensive when you factor in the insurance, payroll taxes, and other possible liability. If you had an independent contractor perform $600 more of services to you or your business, you are required by law to complete and deliver a 1099 form to that person or business. This article will take a look at the different 1099 tax forms, their purpose, who can receive one, and why.
The 1099 tax forms, if you are the recipient, should be furnished to you by January 31, 2009, and must be furnished and filed by the company furnishing the form no later than February 28, 2009. But which 1099 form will you receive?
If you are classified as an independent contractor (i.e. attorney, guest speaker, performer, physician, rent, etc.), or you receive income that is classified as non-employee income, or miscellaneous income (you were paid $600 or more) you will receive what is known as a 1099-Misc.; these are the information returns most often received for contract for-hire work, leased workers, or general contractor payments for which there is not a direct sale as a merchant to a consumer.
The other most often used 1099 tax form would come as a 1099-Int; this is a 1099 received for interest income purposes; whether the income be from a bank or any lending institution, or from the sale of a seller financed mortgage, the recipient of any income from interest will receive a 1099-Int. You would receive a statement that summarizes your interest income for that year. This form is also used to report other tax items related to your interest income such as early withdrawal penalties, federal tax withheld and foreign tax paid. A close relative of the 1009-Int is the 1099-OID. This is an information return provided when you receive an original issue discount, usually from transactions related to mortgages served by the Federal Housing Authority.
The 1099-Div tax form is used often for investors. This tax form is sent to investors by brokers, mutual funds or the investment company. The form is a record of all taxable gains and dividends paid to an investor. The amounts that are stated on the form represent amounts the fund companies are attributing to each investor’s investment return for the year. The amounts on the 1099-Div could contain ordinary dividends, total capital gains, qualified dividends, foreign tax paid, federal income tax withheld and foreign source income.
Another 1099 can come as a 1099-B for barter exchange transactions. What does this mean? It means that instead of monetary payment, you received a bartered form of payment, an exchange of something other than money, with value attached in order to pay for a service.
Other less used 1099’s are 1099-A, 1099-C, 1099-CAP, 1099-LTC, 1099-Q, 1099-R, and 1099-SA; the R, Q and SA are for retirement and social security payments, and are received by many retired individuals. The payments from IRAs, MSAs, Coverdell ESAs, and HSAs are reported on these 1099s. The 1099-A is received is there has been an acquisition of secured property, or an abandonment of secured property.
1099-C is received if there is a cancellation of debt, as from a bankruptcy proceeding, credit card default, or other failure of a maker to make good on a debt that the lender or seller can use as a tax deduction. The 1099-CAP is a 1099 used to report significant changes in corporate control and capital structure. What does this mean in laymen’s terms? If you and several other individuals are in business together, as an incorporated entity, and 3 of you buyout another individual, you will be required to furnish that individual with a 1099CAP so that the individual reports any income or gain from the capital sale of stock.
A 1099 tax form that we’ve not seen very much until recently, but one that I’m sure we’ll see much more of in the not too distant future is the 1099-LTC. Long-term care and accelerated death benefits are filed on this 1099; with a larger segment of our population aging, this segment also known as the “baby boomers” will make more use of long-term care insurance and payouts, and many of them will receive these types of 1099s.
Although these are most often forms of taxable income to the recipient, this is not always a steadfast rule. For many of the older citizens, for individuals receiving the tax returns as part of a discounted program through the government, and for certain other situations, these are only information tax returns that do not result in added income tax liability. For the rest of us, however, a 1099 tax form usually means we have increased our income tax liability.
The 1099 tax forms, if you are the recipient, should be furnished to you by January 31, 2009, and must be furnished and filed by the company furnishing the form no later than February 28, 2009. But which 1099 form will you receive?
If you are classified as an independent contractor (i.e. attorney, guest speaker, performer, physician, rent, etc.), or you receive income that is classified as non-employee income, or miscellaneous income (you were paid $600 or more) you will receive what is known as a 1099-Misc.; these are the information returns most often received for contract for-hire work, leased workers, or general contractor payments for which there is not a direct sale as a merchant to a consumer.
The other most often used 1099 tax form would come as a 1099-Int; this is a 1099 received for interest income purposes; whether the income be from a bank or any lending institution, or from the sale of a seller financed mortgage, the recipient of any income from interest will receive a 1099-Int. You would receive a statement that summarizes your interest income for that year. This form is also used to report other tax items related to your interest income such as early withdrawal penalties, federal tax withheld and foreign tax paid. A close relative of the 1009-Int is the 1099-OID. This is an information return provided when you receive an original issue discount, usually from transactions related to mortgages served by the Federal Housing Authority.
The 1099-Div tax form is used often for investors. This tax form is sent to investors by brokers, mutual funds or the investment company. The form is a record of all taxable gains and dividends paid to an investor. The amounts that are stated on the form represent amounts the fund companies are attributing to each investor’s investment return for the year. The amounts on the 1099-Div could contain ordinary dividends, total capital gains, qualified dividends, foreign tax paid, federal income tax withheld and foreign source income.
Another 1099 can come as a 1099-B for barter exchange transactions. What does this mean? It means that instead of monetary payment, you received a bartered form of payment, an exchange of something other than money, with value attached in order to pay for a service.
Other less used 1099’s are 1099-A, 1099-C, 1099-CAP, 1099-LTC, 1099-Q, 1099-R, and 1099-SA; the R, Q and SA are for retirement and social security payments, and are received by many retired individuals. The payments from IRAs, MSAs, Coverdell ESAs, and HSAs are reported on these 1099s. The 1099-A is received is there has been an acquisition of secured property, or an abandonment of secured property.
1099-C is received if there is a cancellation of debt, as from a bankruptcy proceeding, credit card default, or other failure of a maker to make good on a debt that the lender or seller can use as a tax deduction. The 1099-CAP is a 1099 used to report significant changes in corporate control and capital structure. What does this mean in laymen’s terms? If you and several other individuals are in business together, as an incorporated entity, and 3 of you buyout another individual, you will be required to furnish that individual with a 1099CAP so that the individual reports any income or gain from the capital sale of stock.
A 1099 tax form that we’ve not seen very much until recently, but one that I’m sure we’ll see much more of in the not too distant future is the 1099-LTC. Long-term care and accelerated death benefits are filed on this 1099; with a larger segment of our population aging, this segment also known as the “baby boomers” will make more use of long-term care insurance and payouts, and many of them will receive these types of 1099s.
Although these are most often forms of taxable income to the recipient, this is not always a steadfast rule. For many of the older citizens, for individuals receiving the tax returns as part of a discounted program through the government, and for certain other situations, these are only information tax returns that do not result in added income tax liability. For the rest of us, however, a 1099 tax form usually means we have increased our income tax liability.
Taxes Q&A: Understanding What Is And Is Not Taxable
* Is Social Security retirement income taxable?
Social Security retirement benefits are taxable, although it depends on your total income and civil status. Federal law states that an individual must pay taxes if he/she has annual Social Security retirement income of more than $25,000. If he/she has a married status, they must pay such taxes if the income is more than $32,000.
However, if the Social Security retirement benefit is the recipient’s only source of income, then it is rendered to be non-taxable and there is no need to file a federal income tax return.
* Are other pension payments (not SS) taxable?
Just like Social Security benefit payments, other pension payments are taxable, although it is dependent on the recipient’s income and marital status. If such payment is only his source of income, then it may be tax-free. Other conditions are also stipulated on the Instruction Booklet of the Internal Revenue Services (IRS).
* Are tips taxable?
Tips are not taxable if they are given for a service not correlated with a taxable sale. For instance, the tip that you give when your luggage is carried or your hotel room is cleaned is not taxable.
Another perfect example is the tip that you leave your waiter after your meal at a restaurant. In these instances, tips are not taxable.
However, there are taxable tips. These are called mandatory tips, where it is given on a service that is associated in taxable sale.
An example of such a tip is the amount that you have added to a certain meal or beverage (such as a bottomless ice tea which you need to add a certain amount). Such tips are printed in the restaurant’s menu or placed in their advertisement, if any.
* Is child support taxable?
Child support is not taxable. This is neither deductible by the payor nor taxable to the payee. Topic 422 of the Non-taxable Income determined by the Internal Revenue Services (IRS) stipulates that child support payments are not included in taxable income. Thus, it is not included in filing a tax return.
* Are gifts taxable?
Gifts are taxable. It depends on the equivalent amount of the gift to be given. For instance, if you have given somebody a cash gift worth $11,000.00, it has an equivalent deductible tax charged to the giver.
However, there are also stipulations in the law that allow you to give certain amounts, whether in cash or property, which do not have gift tax consequences. Gifts to charities or raffle draw winners have a corresponding deductible tax depending on the cash gift that they have received.
Social Security retirement benefits are taxable, although it depends on your total income and civil status. Federal law states that an individual must pay taxes if he/she has annual Social Security retirement income of more than $25,000. If he/she has a married status, they must pay such taxes if the income is more than $32,000.
However, if the Social Security retirement benefit is the recipient’s only source of income, then it is rendered to be non-taxable and there is no need to file a federal income tax return.
* Are other pension payments (not SS) taxable?
Just like Social Security benefit payments, other pension payments are taxable, although it is dependent on the recipient’s income and marital status. If such payment is only his source of income, then it may be tax-free. Other conditions are also stipulated on the Instruction Booklet of the Internal Revenue Services (IRS).
* Are tips taxable?
Tips are not taxable if they are given for a service not correlated with a taxable sale. For instance, the tip that you give when your luggage is carried or your hotel room is cleaned is not taxable.
Another perfect example is the tip that you leave your waiter after your meal at a restaurant. In these instances, tips are not taxable.
However, there are taxable tips. These are called mandatory tips, where it is given on a service that is associated in taxable sale.
An example of such a tip is the amount that you have added to a certain meal or beverage (such as a bottomless ice tea which you need to add a certain amount). Such tips are printed in the restaurant’s menu or placed in their advertisement, if any.
* Is child support taxable?
Child support is not taxable. This is neither deductible by the payor nor taxable to the payee. Topic 422 of the Non-taxable Income determined by the Internal Revenue Services (IRS) stipulates that child support payments are not included in taxable income. Thus, it is not included in filing a tax return.
* Are gifts taxable?
Gifts are taxable. It depends on the equivalent amount of the gift to be given. For instance, if you have given somebody a cash gift worth $11,000.00, it has an equivalent deductible tax charged to the giver.
However, there are also stipulations in the law that allow you to give certain amounts, whether in cash or property, which do not have gift tax consequences. Gifts to charities or raffle draw winners have a corresponding deductible tax depending on the cash gift that they have received.
Your Well Being And Taxes
Few things threaten your well-being like the harassment and anxiety of persistent tax problems. Most people make 3 mistakes that get them in trouble with the IRS. They procrastinate. They attempt to represent themselves. They hire sub-par representation and now are in MORE need of help than ever before.
These are the kind of services a Tax Attorney can provide: Offer in Compromise Cases, Penalty Abatement Petitions, Full Audit Representations Business Strategy Sessions. Preparation and Filing of Tax Returns. Settle taxes for Pennies on the Dollar owed, Stop IRS wage and bank levies (garnishments), Have property liens lifted, get affordable installment agreements, File bankruptcy against the IRS, Have penalties and interest forgiven, Reduce taxes by running out the IRS' time to collect. Offer in Compromise: Settle your taxes for Pennies on the Dollar owed Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney. The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.
What is an IRS offer in compromise?
It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay. Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes. If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers. You should take extreme caution. You should hire a professional with knowledge of the IRS' procedures. This professional should determine the least amount that the IRS will accept from you. If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.
An Offer in Compromise may save you a LARGE amount of money. Do you know that the IRS only has a limited time to collect your back taxes? Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out. In most cases the IRS has only a limited time to collect the unpaid taxes. You must CAREFULLY evaluate exactly when that time period will run out. Your troubles may be solved. and moreover: If the IRS' time has run out, or if it will run out soon, your troubles may be over.
Delaying tactics may be used to stall the IRS while their time runs out. Once the IRS is out of time, they MUST stop ALL collection action against you.
The IRS MUST release all property liens
TAX RETURNS - FAILURE TO FILE
Many people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.
When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"
If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.
IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.
The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.
These are the kind of services a Tax Attorney can provide: Offer in Compromise Cases, Penalty Abatement Petitions, Full Audit Representations Business Strategy Sessions. Preparation and Filing of Tax Returns. Settle taxes for Pennies on the Dollar owed, Stop IRS wage and bank levies (garnishments), Have property liens lifted, get affordable installment agreements, File bankruptcy against the IRS, Have penalties and interest forgiven, Reduce taxes by running out the IRS' time to collect. Offer in Compromise: Settle your taxes for Pennies on the Dollar owed Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney. The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.
What is an IRS offer in compromise?
It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay. Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes. If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers. You should take extreme caution. You should hire a professional with knowledge of the IRS' procedures. This professional should determine the least amount that the IRS will accept from you. If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.
An Offer in Compromise may save you a LARGE amount of money. Do you know that the IRS only has a limited time to collect your back taxes? Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out. In most cases the IRS has only a limited time to collect the unpaid taxes. You must CAREFULLY evaluate exactly when that time period will run out. Your troubles may be solved. and moreover: If the IRS' time has run out, or if it will run out soon, your troubles may be over.
Delaying tactics may be used to stall the IRS while their time runs out. Once the IRS is out of time, they MUST stop ALL collection action against you.
The IRS MUST release all property liens
TAX RETURNS - FAILURE TO FILE
Many people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.
When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"
If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.
IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.
The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.
Tax Jokes and Quotes
Do you realize that some tax forms ask you to check a box if you are BLIND?
Quote: “Two years ago it was impossible to get through on the phone to the IRS. Now it's just hard to get through. That's progress.” -Charles Rossotti, former IRS Commissioner
Disappointed that you never had time to write the great American novel? Don’t fret, just go dig out your past tax returns.
Quote: "The Eiffel Tower is the Empire State Building after taxes."
Under the Freedom of Information Act, a man with a small business sent a request to the IRS asking if they had a file on him. The IRS wrote back, “There is now.”
Quote: “It would be nice if we could all pay our taxes with a smile, but normally cash is required.”
Q: Who audits IRS agents?
Quote: “Next to being shot at and missed, nothing is quite as satisfying as an income tax refund.”
Q: How do you drive a CPA insane?
A: Fill out Form 1040EZ.
Quote: “The government deficit is the difference between the amount of money the government spends and the amount it has the nerve to collect."
Why is it that when the IRS loses a tax return, it is considered a mistake, but when you lose a receipt, it is considered tax evasion?
Quote: "The wages of sin are death, but by the time taxes are taken out, it's just sort of a tired feeling."
Q: How do you humble a person that flaunts their wealth?
A: Have them fill out a tax return.
Quote: “Even when you make a tax form out on the level, you don't know when it's through if you are a crook or a martyr.”
Q: Why is a tax audit like a tornado?
A: There's a lot of screaming and you end up losing your house.
Quote: “When are we going to be allowed to list the government as a dependent?”
People often say death and taxes are the same, but this is wrong. Death is a taxable event, but taxes never die.
Quote: “Two years ago it was impossible to get through on the phone to the IRS. Now it's just hard to get through. That's progress.” -Charles Rossotti, former IRS Commissioner
Disappointed that you never had time to write the great American novel? Don’t fret, just go dig out your past tax returns.
Quote: "The Eiffel Tower is the Empire State Building after taxes."
Under the Freedom of Information Act, a man with a small business sent a request to the IRS asking if they had a file on him. The IRS wrote back, “There is now.”
Quote: “It would be nice if we could all pay our taxes with a smile, but normally cash is required.”
Q: Who audits IRS agents?
Quote: “Next to being shot at and missed, nothing is quite as satisfying as an income tax refund.”
Q: How do you drive a CPA insane?
A: Fill out Form 1040EZ.
Quote: “The government deficit is the difference between the amount of money the government spends and the amount it has the nerve to collect."
Why is it that when the IRS loses a tax return, it is considered a mistake, but when you lose a receipt, it is considered tax evasion?
Quote: "The wages of sin are death, but by the time taxes are taken out, it's just sort of a tired feeling."
Q: How do you humble a person that flaunts their wealth?
A: Have them fill out a tax return.
Quote: “Even when you make a tax form out on the level, you don't know when it's through if you are a crook or a martyr.”
Q: Why is a tax audit like a tornado?
A: There's a lot of screaming and you end up losing your house.
Quote: “When are we going to be allowed to list the government as a dependent?”
People often say death and taxes are the same, but this is wrong. Death is a taxable event, but taxes never die.
Reduce your tax payments
Reduce your tax payments by claiming an interest payment deduction.
If you are busy paying off your student loans, the last thing you want to do is to pay interest on the money that you're about to give right back to the government. Luckily, in a lot of cases you should be able to deduct the amount of interest that you paid on your student loans. Deducting interests on student loans is not very difficult to do as long as you make sure that you meet the requirements for claiming this particular deduction on your taxes.
First of all, you have to have the proper filing status - which in this case means that you can be of any filing status except for if you are married and still filing your taxes separately. There is no explanation given as to why this particular status is exempt, however, this is still important to take note of before you waste your time trying to fill out a deduction that you cannot claim.
The other thing that is necessary in order for you to claim that deduction is that you cannot have another person claim you as a dependent or a tax exemption on their own tax forms. For most people who have already graduated from college and are trying to pay off their student loans, this should not be too much trouble. However, you should still make sure that nobody in your life is still claiming you as a tax deduction.
Finally, you have actually pay the interest on your student loan before you can claim it as a deduction. This also only works if you are the only person who has an actual obligation to pay off the loan. Therefore, you will not be able to claim a deduction if you are paying interest on a loan that both you and your parents owe money on, or on a parent PLUS loan.
You can also claim interest as a deduction if you are paying off the interest on a student loan that is owed by your dependent. However, in this case you can only deduct the payment if you are actually the person who is obligated to pay off the loans. You also need to claim an exemption for that dependent on your tax return.
If you are busy paying off your student loans, the last thing you want to do is to pay interest on the money that you're about to give right back to the government. Luckily, in a lot of cases you should be able to deduct the amount of interest that you paid on your student loans. Deducting interests on student loans is not very difficult to do as long as you make sure that you meet the requirements for claiming this particular deduction on your taxes.
First of all, you have to have the proper filing status - which in this case means that you can be of any filing status except for if you are married and still filing your taxes separately. There is no explanation given as to why this particular status is exempt, however, this is still important to take note of before you waste your time trying to fill out a deduction that you cannot claim.
The other thing that is necessary in order for you to claim that deduction is that you cannot have another person claim you as a dependent or a tax exemption on their own tax forms. For most people who have already graduated from college and are trying to pay off their student loans, this should not be too much trouble. However, you should still make sure that nobody in your life is still claiming you as a tax deduction.
Finally, you have actually pay the interest on your student loan before you can claim it as a deduction. This also only works if you are the only person who has an actual obligation to pay off the loan. Therefore, you will not be able to claim a deduction if you are paying interest on a loan that both you and your parents owe money on, or on a parent PLUS loan.
You can also claim interest as a deduction if you are paying off the interest on a student loan that is owed by your dependent. However, in this case you can only deduct the payment if you are actually the person who is obligated to pay off the loans. You also need to claim an exemption for that dependent on your tax return.
Should You Pay Taxes Or Not?
The first attempt to impose an income tax on America occurred during the War of 1812. After more than two years of war, the federal government owed an unbelievable $100 million of debt. To pay for this, the government doubled the rates of its major source of revenue, customs duties on imports, which obstructed trade and ended up yielding less revenue than the previous lower rates.
And to think that the Revolution was started because of Tea Taxes in Boston?
Excise taxes were imposed on goods and commodities, and housing, slaves and land were taxed during the war. After the war ended in 1816, these taxes were repealed and instead high customs duties were passed to retire the accumulated war debt.
What is Taxable Income?
The amount of income used to arrive at your income tax. Taxable income is your gross income minus all your adjustments, deductions, and exemptions.
Some specific taxes:
Estate Taxes:
One of the oldest and most common forms of taxation is the taxation of property held by an individual at the time of death.
The US still has Estate Taxes, although there are proposals to do away with them.
Such a tax can take the form, among others, of estate tax (a tax levied on the estate before any transfers). An estate tax is a charge upon the deceased's entire estate, regardless of how it is disbursed. An alternative form of death tax is an inheritance tax (a tax levied on beneficiaries receiving property from the estate). Taxes imposed upon death provide incentive to transfer assets before death.
Canada no longer has Estate Taxes.
Most European countries have Estate Taxes, one prime example is Great Britain which has such high Estate Taxes that it has just about ruined the financial well-being of most of Britain's Nobility which has been forced to sell vast Real Estate holdings over time.
. Such a tax can take the form, among others, of estate tax (a tax levied on the estate before any transfers). An estate tax is a charge upon the decedent's entire estate, regardless of how it is disbursed. An alternative form of death tax is an inheritance tax (a tax levied on individuals receiving property from the estate). Taxes imposed upon death provide incentive to transfer assets before death.
Capital Gains Taxes
Capital Gains are the increases in value of anything (including investments or real estate) that makes it worth more than the purchase price. The gain may not be realized or taxed until the asset is sold.
Capital gains are normally taxed at a lower rate than regular income to promote business or entrepreneurship during good and bad economic times.
And to think that the Revolution was started because of Tea Taxes in Boston?
Excise taxes were imposed on goods and commodities, and housing, slaves and land were taxed during the war. After the war ended in 1816, these taxes were repealed and instead high customs duties were passed to retire the accumulated war debt.
What is Taxable Income?
The amount of income used to arrive at your income tax. Taxable income is your gross income minus all your adjustments, deductions, and exemptions.
Some specific taxes:
Estate Taxes:
One of the oldest and most common forms of taxation is the taxation of property held by an individual at the time of death.
The US still has Estate Taxes, although there are proposals to do away with them.
Such a tax can take the form, among others, of estate tax (a tax levied on the estate before any transfers). An estate tax is a charge upon the deceased's entire estate, regardless of how it is disbursed. An alternative form of death tax is an inheritance tax (a tax levied on beneficiaries receiving property from the estate). Taxes imposed upon death provide incentive to transfer assets before death.
Canada no longer has Estate Taxes.
Most European countries have Estate Taxes, one prime example is Great Britain which has such high Estate Taxes that it has just about ruined the financial well-being of most of Britain's Nobility which has been forced to sell vast Real Estate holdings over time.
. Such a tax can take the form, among others, of estate tax (a tax levied on the estate before any transfers). An estate tax is a charge upon the decedent's entire estate, regardless of how it is disbursed. An alternative form of death tax is an inheritance tax (a tax levied on individuals receiving property from the estate). Taxes imposed upon death provide incentive to transfer assets before death.
Capital Gains Taxes
Capital Gains are the increases in value of anything (including investments or real estate) that makes it worth more than the purchase price. The gain may not be realized or taxed until the asset is sold.
Capital gains are normally taxed at a lower rate than regular income to promote business or entrepreneurship during good and bad economic times.
Tax Laws The IRS Doesn't Want You To Know About
Most People Are Not Aware That We Have Two Tax Systems.
One is for employees, which was created to take your wealth, and one is for small businesses that was designed to create economic growth. The reason is that small businesses generate over 70% of the job growth in this country. This is why Congress passes "good" tax laws (Yes, you heard me right, there are "good" tax laws) for small businesses. However, you must have a business to take advantage of these "good" laws.
If you have a side business and have the right knowledge, you can deduct part of your house, your kid's education (no kidding), some of your vacation costs almost anywhere in the world, set up a pension plan that makes any government plan paltry by comparison and much more. Even better, if your business generates a loss, you can use that loss against any form of income such as your wages, pensions, rents etc.
There Is Catch However
The first catch is you must properly document your deductions.
The second catch is that you must run your business as a business and not as a hobby.
The following are some of the criteria that IRS and the courts look for:
How To Distinguish Between A Business And A Hobby
The IRS seems to love the "loss rule." A person must have a profit two out of five years. In one of my tax law classes, the professor was determined to show that any business that did not show a profit in two out of every five years would lose all of the tax-deductions. I remember distinctively showing that this is only a misconception of the tax rules.
(From IRS Publication 535)
Generally, a hobby is an activity that is carried on for personal pleasure or recreation. It is not an activity entered into with the intention of making a profit. In determining whether you are carrying on an activity for profit, all the facts are taken into account. No one factor alone is decisive. Among the factors to consider are whether:
You carry on the activity in a businesslike manner
The time and effort you put into the activity indicate you intend to make it profitable
You depend on income from the activity for your livelihood
Your losses are due to circumstances beyond your control (or are normal in the startup phase of your type of business)
You change your methods of operation in an attempt to improve profitability
You, or your advisors, have the knowledge needed to carry on the activity as a successful business
You were successful in making a profit in similar activities in the past
The activity makes a profit in some years, and how much profit it makes
You can expect to make a future profit from the appreciation of the assets used in the activity
Killer Secret: To qualify as a business, you have to prove your intent to produce a profit.
We have all heard of Internet companies that have lost millions for years, Amazon.com being the best example we all know. If your goal is to take a loss, you have a hobby. If your intent is to create profit, then you have a business.
What You Can Deduct
The Internal Revenue Code allows you to deduct all "ordinary and necessary" expenses of operating your business -- these can vary depending on the type of business. Understanding some of the terminology of the tax code will be crucial and the creating and keeping records related to reducing your tax liability.
President Clinton in one of his famous hearings made the following remark, which many of us deemed to be ridiculous, "It depends upon what the meaning of the word is "is". What you "name" your deduction will often determine whether or not it is deductible.
(From the IRS Publication 535)
You can deduct business expenses on your income tax return. These are the current operating costs of running your business. To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business, trade, or profession. A necessary expense is one that is helpful and appropriate for your business, trade, or profession. An expense does not have to be indispensable to be considered necessary.
Killer Secret: Find ways to deduct expenses that occur every day for you!
One is for employees, which was created to take your wealth, and one is for small businesses that was designed to create economic growth. The reason is that small businesses generate over 70% of the job growth in this country. This is why Congress passes "good" tax laws (Yes, you heard me right, there are "good" tax laws) for small businesses. However, you must have a business to take advantage of these "good" laws.
If you have a side business and have the right knowledge, you can deduct part of your house, your kid's education (no kidding), some of your vacation costs almost anywhere in the world, set up a pension plan that makes any government plan paltry by comparison and much more. Even better, if your business generates a loss, you can use that loss against any form of income such as your wages, pensions, rents etc.
There Is Catch However
The first catch is you must properly document your deductions.
The second catch is that you must run your business as a business and not as a hobby.
The following are some of the criteria that IRS and the courts look for:
How To Distinguish Between A Business And A Hobby
The IRS seems to love the "loss rule." A person must have a profit two out of five years. In one of my tax law classes, the professor was determined to show that any business that did not show a profit in two out of every five years would lose all of the tax-deductions. I remember distinctively showing that this is only a misconception of the tax rules.
(From IRS Publication 535)
Generally, a hobby is an activity that is carried on for personal pleasure or recreation. It is not an activity entered into with the intention of making a profit. In determining whether you are carrying on an activity for profit, all the facts are taken into account. No one factor alone is decisive. Among the factors to consider are whether:
You carry on the activity in a businesslike manner
The time and effort you put into the activity indicate you intend to make it profitable
You depend on income from the activity for your livelihood
Your losses are due to circumstances beyond your control (or are normal in the startup phase of your type of business)
You change your methods of operation in an attempt to improve profitability
You, or your advisors, have the knowledge needed to carry on the activity as a successful business
You were successful in making a profit in similar activities in the past
The activity makes a profit in some years, and how much profit it makes
You can expect to make a future profit from the appreciation of the assets used in the activity
Killer Secret: To qualify as a business, you have to prove your intent to produce a profit.
We have all heard of Internet companies that have lost millions for years, Amazon.com being the best example we all know. If your goal is to take a loss, you have a hobby. If your intent is to create profit, then you have a business.
What You Can Deduct
The Internal Revenue Code allows you to deduct all "ordinary and necessary" expenses of operating your business -- these can vary depending on the type of business. Understanding some of the terminology of the tax code will be crucial and the creating and keeping records related to reducing your tax liability.
President Clinton in one of his famous hearings made the following remark, which many of us deemed to be ridiculous, "It depends upon what the meaning of the word is "is". What you "name" your deduction will often determine whether or not it is deductible.
(From the IRS Publication 535)
You can deduct business expenses on your income tax return. These are the current operating costs of running your business. To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business, trade, or profession. A necessary expense is one that is helpful and appropriate for your business, trade, or profession. An expense does not have to be indispensable to be considered necessary.
Killer Secret: Find ways to deduct expenses that occur every day for you!
Tax Refund Email Scam – IRS Warning
The IRS has issued a warning regarding a phishing email scam. The scam claims you are due a tax refund, but is really designed to obtain your personal information.
Tax Refund Email Scam
Phishing scams are designed to swindle you into providing private information that can be used to your detriment. This information typically includes things like credit card numbers, social security numbers, bank accounts and so on. This information is then used to open financial accounts in your name, a process otherwise known as identity theft. Frankly, it is a nightmare you do not want to be a part of.
The IRS is warning people about a tax refund email scam, which works like this. You receive an email purportedly from the IRS indicating you are due a tax refund. You are directed to click a link to visit an “IRS” page. On the page, you are asked to provide your social security number, etc., so your account can be accessed. This email is fraudulent and designed solely for identity theft.
IRS Does Not Use Email
The IRS does not use email to contact taxpayers. It certainly doesn’t use it tell you about tax refunds. The IRS only communicates with taxpayers through the mail or by telephone. Do not fall for this scam!
Are You Owed A Refund?
But what if you really are owed a tax refund? Well, the IRS is certainly not going to contact you by email to tell you. Think about it. The IRS doesn’t HAVE your email address, so how would it send you a message?
If you think you may be owed a tax refund, the best option is to pick up the phone and contact the IRS. You can reach the agency by calling 1-800-829-1040.
Whatever you do, never respond to an email from the Internal Revenue Service because they are fake. Don’t get suckered!
Tax Refund Email Scam
Phishing scams are designed to swindle you into providing private information that can be used to your detriment. This information typically includes things like credit card numbers, social security numbers, bank accounts and so on. This information is then used to open financial accounts in your name, a process otherwise known as identity theft. Frankly, it is a nightmare you do not want to be a part of.
The IRS is warning people about a tax refund email scam, which works like this. You receive an email purportedly from the IRS indicating you are due a tax refund. You are directed to click a link to visit an “IRS” page. On the page, you are asked to provide your social security number, etc., so your account can be accessed. This email is fraudulent and designed solely for identity theft.
IRS Does Not Use Email
The IRS does not use email to contact taxpayers. It certainly doesn’t use it tell you about tax refunds. The IRS only communicates with taxpayers through the mail or by telephone. Do not fall for this scam!
Are You Owed A Refund?
But what if you really are owed a tax refund? Well, the IRS is certainly not going to contact you by email to tell you. Think about it. The IRS doesn’t HAVE your email address, so how would it send you a message?
If you think you may be owed a tax refund, the best option is to pick up the phone and contact the IRS. You can reach the agency by calling 1-800-829-1040.
Whatever you do, never respond to an email from the Internal Revenue Service because they are fake. Don’t get suckered!
The IRS Solution If You Cannot Pay Your Taxes
The Internal Revenue Service wants you to pay taxes on time. That being said, it understands this is not always possible and has created a program for such situations.
The IRS Solution If You Cannot Pay Your Taxes
The Internal Revenue Service is very upfront about its goal in dealing with taxpayers. While it obviously wants to collect all taxes due, it is also focused on keeping you in the system. This attitude is a relatively recent change undertaken in the 1990s. The IRS essentially determined it made better financial sense to have you in the system versus spending hundreds of man hours hunting you down. In practical terms, this means you need not have a panic attack if you do not have sufficient funds to meet your tax obligation. If you panicked this past tax deadline, there was no need.
The IRS will put you on a payment plan if you cannot pay your taxes on time. The plan calls for monthly payments like a car loan, to wit, they are an equal amount each month so you know what you are obligated to pay.
You are only eligible for a payment plan if you file a tax return. Once you file, you want to use form 9465 to request the payment plan. It costs $43 to file the application. The IRS will then get back to you on what it is willing to do. The payment plan process is not an audit. Millions of people apply each year and the IRS considers it standard operating procedure. No red flags are raised when you file the application. To the contrary, the IRS tends to view you as an honest tax payer since you are acknowledging the full amount due and trying to find a way to pay.
Importantly, the payment plan should be viewed as a means to buy time. Making the monthly payments will eventually pay off the debt, but it will take years. Interest on the amount you owe will also continue to accrue. The best strategy for using the plan is to make the monthly payments while saving up money to make a lump sum payment to satisfy the debt.
If you cannot pay the taxes you owe, do not panic. The payment plan option will keep you out of trouble with Uncle Sam.
The IRS Solution If You Cannot Pay Your Taxes
The Internal Revenue Service is very upfront about its goal in dealing with taxpayers. While it obviously wants to collect all taxes due, it is also focused on keeping you in the system. This attitude is a relatively recent change undertaken in the 1990s. The IRS essentially determined it made better financial sense to have you in the system versus spending hundreds of man hours hunting you down. In practical terms, this means you need not have a panic attack if you do not have sufficient funds to meet your tax obligation. If you panicked this past tax deadline, there was no need.
The IRS will put you on a payment plan if you cannot pay your taxes on time. The plan calls for monthly payments like a car loan, to wit, they are an equal amount each month so you know what you are obligated to pay.
You are only eligible for a payment plan if you file a tax return. Once you file, you want to use form 9465 to request the payment plan. It costs $43 to file the application. The IRS will then get back to you on what it is willing to do. The payment plan process is not an audit. Millions of people apply each year and the IRS considers it standard operating procedure. No red flags are raised when you file the application. To the contrary, the IRS tends to view you as an honest tax payer since you are acknowledging the full amount due and trying to find a way to pay.
Importantly, the payment plan should be viewed as a means to buy time. Making the monthly payments will eventually pay off the debt, but it will take years. Interest on the amount you owe will also continue to accrue. The best strategy for using the plan is to make the monthly payments while saving up money to make a lump sum payment to satisfy the debt.
If you cannot pay the taxes you owe, do not panic. The payment plan option will keep you out of trouble with Uncle Sam.
Truly Bizarre Taxes: The Tax on Illegal Drugs
One can never underestimate the enthusiasm that politicians have for trying to hunt up tax revenues. The creativity of some politicians can lead to bizarre taxes and unfortunate results.
Taxes on Illegal Drugs
One argument for the legalization of various narcotics is that massive tax revenues would be created. Interestingly, a few states already are trying to collect such taxes!
More than 10 states have tried to tax people that possess illegal drugs. For example, Kansas levies a drug tax on dealers as soon as they take possession of the substance. To avoid prosecution for failure to pay the drug tax, individuals possessing the drugs are supposed to purchase “drug tax stamps” and attach the stamps to the drugs in question. The stamps are valid for 3 months.
In an apparent attempt to promote compliance, the Kansas Department of Revenue promises:
“A dealer is not required to give his/her name or address when purchasing stamps and the Department is prohibited from sharing any information relating to the purchase of drug tax stamps with law enforcement or anyone else.”
The tax is levied on cocaine, marijuana, methamphetamines and other hard drugs. Interestingly, the state collected over $300,000 in such taxes by going after individuals that were charged with criminal activity. This is better known as the “Al Capone Theory”, which is derived from the fact that authorities were able to put away the famous mobster on tax evasion charges. Alas, criminal prosecutors have not always welcomed the illegal drug tax.
Drug Tax Foils Prosecution of Drug Dealers in Texas
The 5th Amendment of the Constitution protects Americans from being punished twice for the same crime. This concept, known as “double jeopardy”, caused prosecutors in 1989 to literally beg the state comptroller's office to stop accepting tax payments by drug dealers. The reason? A Texas Criminal Court of Appeal ruled that the state law assessing taxes on illegal drugs constituted a “punishment”. As a result, requiring the payment of the tax constituted double jeopardy if the taxpayer had already been charged criminally.
In an attempt to get their clients off on drug charges, criminal attorneys began advising them to rush to pay their drug–related taxes. The theory was that once the taxes were paid, the drug dealer could not be prosecuted because doing so would constitute a second punishment! The appellate court agreed with the theory and the state comptroller immediately stopped collecting the Texas drug tax.
Taxes on Illegal Drugs
One argument for the legalization of various narcotics is that massive tax revenues would be created. Interestingly, a few states already are trying to collect such taxes!
More than 10 states have tried to tax people that possess illegal drugs. For example, Kansas levies a drug tax on dealers as soon as they take possession of the substance. To avoid prosecution for failure to pay the drug tax, individuals possessing the drugs are supposed to purchase “drug tax stamps” and attach the stamps to the drugs in question. The stamps are valid for 3 months.
In an apparent attempt to promote compliance, the Kansas Department of Revenue promises:
“A dealer is not required to give his/her name or address when purchasing stamps and the Department is prohibited from sharing any information relating to the purchase of drug tax stamps with law enforcement or anyone else.”
The tax is levied on cocaine, marijuana, methamphetamines and other hard drugs. Interestingly, the state collected over $300,000 in such taxes by going after individuals that were charged with criminal activity. This is better known as the “Al Capone Theory”, which is derived from the fact that authorities were able to put away the famous mobster on tax evasion charges. Alas, criminal prosecutors have not always welcomed the illegal drug tax.
Drug Tax Foils Prosecution of Drug Dealers in Texas
The 5th Amendment of the Constitution protects Americans from being punished twice for the same crime. This concept, known as “double jeopardy”, caused prosecutors in 1989 to literally beg the state comptroller's office to stop accepting tax payments by drug dealers. The reason? A Texas Criminal Court of Appeal ruled that the state law assessing taxes on illegal drugs constituted a “punishment”. As a result, requiring the payment of the tax constituted double jeopardy if the taxpayer had already been charged criminally.
In an attempt to get their clients off on drug charges, criminal attorneys began advising them to rush to pay their drug–related taxes. The theory was that once the taxes were paid, the drug dealer could not be prosecuted because doing so would constitute a second punishment! The appellate court agreed with the theory and the state comptroller immediately stopped collecting the Texas drug tax.
Your IRS Tax Appeal Rights
Are you in the middle of a disagreement with the IRS? One of the guaranteed rights for all taxpayers is the right to appeal. If you disagree with the IRS about the amount of your tax liability or about proposed collection actions, you have the right to ask the IRS Appeals Office to review your case.
During their contact with taxpayers, IRS employees are required to explain and protect these taxpayer rights, including the right to appeal. The IRS appeals system is for people who do not agree with the results of an examination of their tax returns or other adjustments to their tax liability. In addition to examinations, you can appeal many other things, including:
1. Collection actions such as liens, levies, seizures, installment agreement terminations and rejected offers-in-compromise,
2. Penalties and interest, and
3. Employment tax adjustments and the trust fund recovery penalty.
Internal IRS Appeal conferences are informal meetings. The local Appeals Office, which is independent of the IRS office, can sometimes resolve an appeal by telephone or through correspondence.
The IRS also offers an option called Fast Track Mediation, during which an appeals or settlement officer attempts to help you and the IRS reach a mutually satisfactory solution. Most cases not docketed in court qualify for Fast Track Mediation. You may request Fast Track Mediation at the conclusion of an audit or collection determination, but prior to your request for a normal appeals hearing. Fast Track Mediation is meant to promote the early resolution of a dispute. It doesn’t eliminate or replace existing dispute resolution options, including your opportunity to request a conference with a manager or a hearing before Appeals. You may withdraw from the mediation process at any time.
When attending an informal meeting or pursuing mediation, you may represent yourself or you can be represented by an attorney, certified public accountant or individual enrolled to practice before the IRS.
If you and the IRS appeals officer cannot reach agreement, or if you prefer not to appeal within the IRS, in most cases you may take your disagreement to federal court. Usually, it is worth having a go at mediation before committing to an expensive and time-consuming court process.
During their contact with taxpayers, IRS employees are required to explain and protect these taxpayer rights, including the right to appeal. The IRS appeals system is for people who do not agree with the results of an examination of their tax returns or other adjustments to their tax liability. In addition to examinations, you can appeal many other things, including:
1. Collection actions such as liens, levies, seizures, installment agreement terminations and rejected offers-in-compromise,
2. Penalties and interest, and
3. Employment tax adjustments and the trust fund recovery penalty.
Internal IRS Appeal conferences are informal meetings. The local Appeals Office, which is independent of the IRS office, can sometimes resolve an appeal by telephone or through correspondence.
The IRS also offers an option called Fast Track Mediation, during which an appeals or settlement officer attempts to help you and the IRS reach a mutually satisfactory solution. Most cases not docketed in court qualify for Fast Track Mediation. You may request Fast Track Mediation at the conclusion of an audit or collection determination, but prior to your request for a normal appeals hearing. Fast Track Mediation is meant to promote the early resolution of a dispute. It doesn’t eliminate or replace existing dispute resolution options, including your opportunity to request a conference with a manager or a hearing before Appeals. You may withdraw from the mediation process at any time.
When attending an informal meeting or pursuing mediation, you may represent yourself or you can be represented by an attorney, certified public accountant or individual enrolled to practice before the IRS.
If you and the IRS appeals officer cannot reach agreement, or if you prefer not to appeal within the IRS, in most cases you may take your disagreement to federal court. Usually, it is worth having a go at mediation before committing to an expensive and time-consuming court process.
The IRS vs Mother Nature
The IRS recently met its match in the form of Mother Nature. Yes, the massive flooding in Washington, D.C., took out the IRS headquarters.
The IRS vs Mother Nature
As you know, Washington, D.C. suffered through some serious flooding problems recently. The headquarters of the IRS are located at 1111 Constitution Avenue and took a beating. Nobody messes with the IRS and comes out on top, except for Mother Nature.
The record rainfalls in Washington did a lot of damage. In the case of the headquarters of the IRS, the damage was massive. While the building didn’t fall, the internal systems were more or less wiped out. This includes the loss of electrical systems, the heating system, the cooling systems and much more.
Apparently ignoring the possibility of water penetration, all major systems were located in the basement of the building. At the height of the flooding, the depth of the water in the basement was roughly 20 FEET. As you can imagine, this was not good for the systems. In fact, we the people will pay tens of millions of dollars to have everything fixed so we can be taxed efficiently. How ironic.
Alas, the damage caused to the headquarters of the IRS does not impact you and I on a practical scale. As you know from sending in your tax returns to the various odd addresses around the country, tax returns are not processed in Washington. Put in practical terms, this means you still need to file your taxes. IRS computer systems have redundancy, so they still know you are out there and have money they can collect.
No doubt you are worried about our friends at the IRS. No need to fear. They government has big plans to rebuild the IRS headquarters so water can’t consume everything in the basement. In typical government methodology, this will only take six months according to projections. Can you imagine a private business sitting around and twiddling its thumbs for so long?
In truth, it has been a rough couple of years for the IRS. First, one of their trucks accidentally dropped thousands of tax returns into San Francisco Bay and now this. It would appear the agency has met its match in the form of Mother Nature. Perhaps they can file an extension with her before the next storm! Given the fact that the IRS building was only one of five government buildings in D.C. to be damaged, the extension would probably be denied.
The IRS vs Mother Nature
As you know, Washington, D.C. suffered through some serious flooding problems recently. The headquarters of the IRS are located at 1111 Constitution Avenue and took a beating. Nobody messes with the IRS and comes out on top, except for Mother Nature.
The record rainfalls in Washington did a lot of damage. In the case of the headquarters of the IRS, the damage was massive. While the building didn’t fall, the internal systems were more or less wiped out. This includes the loss of electrical systems, the heating system, the cooling systems and much more.
Apparently ignoring the possibility of water penetration, all major systems were located in the basement of the building. At the height of the flooding, the depth of the water in the basement was roughly 20 FEET. As you can imagine, this was not good for the systems. In fact, we the people will pay tens of millions of dollars to have everything fixed so we can be taxed efficiently. How ironic.
Alas, the damage caused to the headquarters of the IRS does not impact you and I on a practical scale. As you know from sending in your tax returns to the various odd addresses around the country, tax returns are not processed in Washington. Put in practical terms, this means you still need to file your taxes. IRS computer systems have redundancy, so they still know you are out there and have money they can collect.
No doubt you are worried about our friends at the IRS. No need to fear. They government has big plans to rebuild the IRS headquarters so water can’t consume everything in the basement. In typical government methodology, this will only take six months according to projections. Can you imagine a private business sitting around and twiddling its thumbs for so long?
In truth, it has been a rough couple of years for the IRS. First, one of their trucks accidentally dropped thousands of tax returns into San Francisco Bay and now this. It would appear the agency has met its match in the form of Mother Nature. Perhaps they can file an extension with her before the next storm! Given the fact that the IRS building was only one of five government buildings in D.C. to be damaged, the extension would probably be denied.
Tips On How Your Bookkeeper Can Reduce Your Taxes By Hundreds Of Dollars
Standard monthly expenses for your Business are transferred from you to your Tax Professional to be put on your Schedule C. No problem, most people get this part right. It’s the thousands of dollars in miscellaneous receipts that many people forget when under the haze of tax season. These miscellaneous expenditures can save a small business owner hundreds if not thousands of dollars in tax liabilities. Examples:
1. Advertising Cost – The standard deductions are always there, Newspaper Ads, Business Cards, Outside Signs, Yellow Page Ad….. But what about the one time cost for the Search Engine submission $450, or the renewal of your three domain names at $8.95 per name, and the special pay per click campaign of $720.00 Total $1196.85
2. And what about the little gifts you purchased for clients that had referred new clients to you? $25.00 each, 10 gifts. Total $300.00
3. Shipping cost, of yes, remember those 3 rush jobs when you shipped documents to the clients using Fed Ex? You don’t know where the receipts are, however, it was $17.50 each time. $17.50 x 3 = 52.50
4. Oh yes, what about that time you rented the carpet cleaning machine to clean the office carpet? It was cheaper then calling a professional carpet cleaning service or so you thought! $55.00
5. And don’t forget that your spouse’s boss’s son was selling that Pre-Paid Legal Service that cost $19.95 per month. It is to be used 100% for Business. Ya, I guess! OK, $19.95 x 12 = $239.40
6. Remember that time when the kids at the bus stop broke the office window throwing the football back and forth. You were so upset that you accidentally locked your keys in the office. $180.00 window replacement and $85.00 for a Mobile Locksmith. $180 + 85.00 = $265.00
7. Now, was there anything else besides paying your niece $25.00 a month to pick up the trash around the office building? $25.00 x 12 = $300.00
8. Yes, the Christmas party for the clients. $1500 for the caterer, $480 for the wine, $230 for the flowers and decorations and $350 for the Entertainment. Total $2780.00
The total amount of legal tax deductions listed above is over $5,000.00. Can you afford to loose $5000 worth of deductions?
When you arrived at the Tax office, you forgot about most of the above deductions…no problem, because you had a GOOD Bookkeeper, and each month you fax your receipts, credit card statements and check book register to her. Her Bookkeeping Service provided Monthly reports as well as an Annual Report of your expenditures to your Tax Person. You had nothing to worry about!
Oh, that’s not how it happened?
As it turns out many small business owners do not keep up with ALL expenditures each month. As a result hundreds of dollars and in some cases thousands of dollars worth of legal tax deductions are loss.
Maintaining recording and even faxing or delivering your receipts to your bookkeeper is a habit that can be developed. It is a habit that can reduce your tax liability tremendously.
1. Advertising Cost – The standard deductions are always there, Newspaper Ads, Business Cards, Outside Signs, Yellow Page Ad….. But what about the one time cost for the Search Engine submission $450, or the renewal of your three domain names at $8.95 per name, and the special pay per click campaign of $720.00 Total $1196.85
2. And what about the little gifts you purchased for clients that had referred new clients to you? $25.00 each, 10 gifts. Total $300.00
3. Shipping cost, of yes, remember those 3 rush jobs when you shipped documents to the clients using Fed Ex? You don’t know where the receipts are, however, it was $17.50 each time. $17.50 x 3 = 52.50
4. Oh yes, what about that time you rented the carpet cleaning machine to clean the office carpet? It was cheaper then calling a professional carpet cleaning service or so you thought! $55.00
5. And don’t forget that your spouse’s boss’s son was selling that Pre-Paid Legal Service that cost $19.95 per month. It is to be used 100% for Business. Ya, I guess! OK, $19.95 x 12 = $239.40
6. Remember that time when the kids at the bus stop broke the office window throwing the football back and forth. You were so upset that you accidentally locked your keys in the office. $180.00 window replacement and $85.00 for a Mobile Locksmith. $180 + 85.00 = $265.00
7. Now, was there anything else besides paying your niece $25.00 a month to pick up the trash around the office building? $25.00 x 12 = $300.00
8. Yes, the Christmas party for the clients. $1500 for the caterer, $480 for the wine, $230 for the flowers and decorations and $350 for the Entertainment. Total $2780.00
The total amount of legal tax deductions listed above is over $5,000.00. Can you afford to loose $5000 worth of deductions?
When you arrived at the Tax office, you forgot about most of the above deductions…no problem, because you had a GOOD Bookkeeper, and each month you fax your receipts, credit card statements and check book register to her. Her Bookkeeping Service provided Monthly reports as well as an Annual Report of your expenditures to your Tax Person. You had nothing to worry about!
Oh, that’s not how it happened?
As it turns out many small business owners do not keep up with ALL expenditures each month. As a result hundreds of dollars and in some cases thousands of dollars worth of legal tax deductions are loss.
Maintaining recording and even faxing or delivering your receipts to your bookkeeper is a habit that can be developed. It is a habit that can reduce your tax liability tremendously.
Tax Records - What You Should Keep And For How Long
Many taxpayers are confused about how long they should keep tax records. The term "tax records" refers to your tax returns and the documents that support the information in the returns. These documents can include receipts, bank statements, 1099s, etc. If you are one of the unlucky few to be audited, these records will be vital to fending off the IRS.
Tax Returns
To protect yourself from a nasty audit, you should keep all of your tax returns indefinitely. The IRS has been known to lose or misplace tax returns. While conspiracy advocates argue that this is evidence of a nefarious scheme, the simple fact is that the IRS receives millions of returns over a three-month period and lost returns are inevitable. So how do you protect yourself? You keep copies of every single tax return.
A quick word on the IRS e-file program. If you file your returns electronically, make sure you get copies from the company that filed your return. All such entities are required by law to provide you with paper copies.
Records Supporting Tax Returns
You should keep supporting tax records for a period of six years from the date the returns were actually filed. In general the IRS only has three years to audit you from the filing date. For example, if you filed your 2000 tax return on April 15, 2001, the IRS would have to start an audit by April 15, 2004. Keep in mind that if you filed an extension, the IRS will have three years from the date you submitted the return. As is always case with taxes, there are exceptions to this general time period.
If your tax return looks like the great American novel, the running of the three-year audit period may not save you. Failure to report more than 25% of your gross income gives the IRS an additional three years to pursue you. Using the previous example, the IRS would have until April 15, 2007 to audit your 2000 tax return.
Property Records - Get A Filing Cabinet
You may need to get a filing cabinet if you hold property for an extended period of time. For example, assume that you purchased a home in 1980 for $100,000 and made $50,000 in improvements over the years. You need to keep the purchase records, mortgage statements and receipts that relate to the improvements. When you sell the home, you will need the records to determine the tax consequences of the sale, to wit, your basis (original cost plus improvements) and profit. If the IRS decides to take a closer look at the reported profit, you will need to provide your tax records to support your claims. Once you actually sell the property, it is recommended that you keep all of the tax records for an additional six years.
Divorce
Make sure you keep copies of all of your financial documents, tax returns and supporting documents if you get divorced. You should also keep copies of all divorce agreements and court orders that cover property and financial issues. When couples divorce, the tax and credit consequences can be nightmarish. If you don’t keep records, you will have to ask your ex-spouse for them. Get the records now to avoid doubling your misery!
Hopefully, you will never need to show your tax records to the IRS. If you are one of the unlucky few that is audited, your tax records should keep your feet out of the fire.
Tax Returns
To protect yourself from a nasty audit, you should keep all of your tax returns indefinitely. The IRS has been known to lose or misplace tax returns. While conspiracy advocates argue that this is evidence of a nefarious scheme, the simple fact is that the IRS receives millions of returns over a three-month period and lost returns are inevitable. So how do you protect yourself? You keep copies of every single tax return.
A quick word on the IRS e-file program. If you file your returns electronically, make sure you get copies from the company that filed your return. All such entities are required by law to provide you with paper copies.
Records Supporting Tax Returns
You should keep supporting tax records for a period of six years from the date the returns were actually filed. In general the IRS only has three years to audit you from the filing date. For example, if you filed your 2000 tax return on April 15, 2001, the IRS would have to start an audit by April 15, 2004. Keep in mind that if you filed an extension, the IRS will have three years from the date you submitted the return. As is always case with taxes, there are exceptions to this general time period.
If your tax return looks like the great American novel, the running of the three-year audit period may not save you. Failure to report more than 25% of your gross income gives the IRS an additional three years to pursue you. Using the previous example, the IRS would have until April 15, 2007 to audit your 2000 tax return.
Property Records - Get A Filing Cabinet
You may need to get a filing cabinet if you hold property for an extended period of time. For example, assume that you purchased a home in 1980 for $100,000 and made $50,000 in improvements over the years. You need to keep the purchase records, mortgage statements and receipts that relate to the improvements. When you sell the home, you will need the records to determine the tax consequences of the sale, to wit, your basis (original cost plus improvements) and profit. If the IRS decides to take a closer look at the reported profit, you will need to provide your tax records to support your claims. Once you actually sell the property, it is recommended that you keep all of the tax records for an additional six years.
Divorce
Make sure you keep copies of all of your financial documents, tax returns and supporting documents if you get divorced. You should also keep copies of all divorce agreements and court orders that cover property and financial issues. When couples divorce, the tax and credit consequences can be nightmarish. If you don’t keep records, you will have to ask your ex-spouse for them. Get the records now to avoid doubling your misery!
Hopefully, you will never need to show your tax records to the IRS. If you are one of the unlucky few that is audited, your tax records should keep your feet out of the fire.
I used money from my home equity loan to pay off some of my personal debts. Can I deduct interest?
In some instances, it is possible for individuals to deduct the interest of such home equity loans on their state and federal taxes, which are, or at least should be, filed annually the Internal Revenue Service.
Despite the fact that the money can be used for reasons other than to buy, build or improve an individual's place of residency or home, the debt for which the home equity loan is used may still allow the loan's interest to qualify as home equity debt. No matter how the individual uses the money that they received as a home equity loan, the interest that is paid by the individual each year can be deducted on the individual's taxes in an itemized list. However, there are limitations that have been placed on the individuals who do so when it comes to the amount of money they can deduct on their taxes in relation to the interest that they have paid on their home equity loans.
These interest amount limitations are based on the individual and are put in place regarding the amount of money the individual pays in interest on their home equity loan each tax year. A couple may deduct up to $100,000 in interest from their home equity loan each year on their taxes. An individual who is married but filing jointly from their spouse may deduct half of this amount annually, provided the individual is able to meet the other criteria and regulations set forth by the Internal Revenue Service. These individuals may only deduct a total of up to $50,000 on their taxes.
A home equity loan is very different from a home equity line of credit and it is important to note this when filing taxes since there are separate requirements and paperwork that needs to be done for each. Despite the fact that they sound similar, the two loans have different things that affect them, including interest. When individuals use their home equity loan money in order to take care of certain aspects of their home or in order to pay off some of their personal loans or debts, the money can be deducted up to the $100,000 or $50,000 limits. These limits are put into place as a generalization. Some other limitations may be put on individuals if they meet certain other criteria.
These limitations can be determined by tax professionals on a case by case basis, but it is important to note that the cap for interest deductions for home equity loans are stopped at $100,000 for couples, or $50,000 for married individuals who are filing their taxes separately. Regardless of the amount that the individual can deduct from their taxes, the interest needs to be deducted on the 1040 form, Schedule A. The interest needs to be placed under the itemized deductions.
Despite the fact that the money can be used for reasons other than to buy, build or improve an individual's place of residency or home, the debt for which the home equity loan is used may still allow the loan's interest to qualify as home equity debt. No matter how the individual uses the money that they received as a home equity loan, the interest that is paid by the individual each year can be deducted on the individual's taxes in an itemized list. However, there are limitations that have been placed on the individuals who do so when it comes to the amount of money they can deduct on their taxes in relation to the interest that they have paid on their home equity loans.
These interest amount limitations are based on the individual and are put in place regarding the amount of money the individual pays in interest on their home equity loan each tax year. A couple may deduct up to $100,000 in interest from their home equity loan each year on their taxes. An individual who is married but filing jointly from their spouse may deduct half of this amount annually, provided the individual is able to meet the other criteria and regulations set forth by the Internal Revenue Service. These individuals may only deduct a total of up to $50,000 on their taxes.
A home equity loan is very different from a home equity line of credit and it is important to note this when filing taxes since there are separate requirements and paperwork that needs to be done for each. Despite the fact that they sound similar, the two loans have different things that affect them, including interest. When individuals use their home equity loan money in order to take care of certain aspects of their home or in order to pay off some of their personal loans or debts, the money can be deducted up to the $100,000 or $50,000 limits. These limits are put into place as a generalization. Some other limitations may be put on individuals if they meet certain other criteria.
These limitations can be determined by tax professionals on a case by case basis, but it is important to note that the cap for interest deductions for home equity loans are stopped at $100,000 for couples, or $50,000 for married individuals who are filing their taxes separately. Regardless of the amount that the individual can deduct from their taxes, the interest needs to be deducted on the 1040 form, Schedule A. The interest needs to be placed under the itemized deductions.
IRS Owes You Money If You Paid Long Distance Phone Taxes
The IRS has decided to give up the fight on an ongoing legal issue regarding taxes it has collected on long distance telephone services. Here is the scoop.
The IRS Owes You Money If You Have Paid Long Distance Phone Taxes
Every one of us pays for some form of long distance telephone service. The more you use the service, the more you start hunting for better rates. Whatever choice you make, however, you are always stuck paying a federal tax on the bill. For those of you with large long distance phone bills, this tax can add up quickly given the fact it is calculated at three percent of your total bill.
The tax in question is known as the federal excise tax on long distance telephone service. It was created in 1898. Yes, this tax arose well over one hundred years ago. As you might image, a few people started to wonder how a tax established in 1898 could possibly apply today, particularly given the advancement of telephone technologies. Turns out it doesn’t apply! Given a chance to review the situation, five appellate courts have ruled the tax invalid.
After contemplating the situation, the IRS has decided not to challenge the legal rulings. Instead, it has voluntarily agreed to issue credits or refunds for the excise taxes paid the past three years. Specifically, you will be able to claim a refund of all taxes paid from February 28, 2003 till the date the IRS stopped collecting them.
To collect the refunds, the IRS will create a new box on all 1040 filing forms for the 2006 tax year. In practical terms, this means you will be able to check a box and get a refund when you prepare your 2006 tax return in 2007. The IRS will pay interest on these funds.
It should be noted the refund is applicable only to the long distance excise tax. You still must pay local service taxes and the refund does not apply to taxes collected by states and such. Still, any refund is a good refund in my opinion.
The IRS Owes You Money If You Have Paid Long Distance Phone Taxes
Every one of us pays for some form of long distance telephone service. The more you use the service, the more you start hunting for better rates. Whatever choice you make, however, you are always stuck paying a federal tax on the bill. For those of you with large long distance phone bills, this tax can add up quickly given the fact it is calculated at three percent of your total bill.
The tax in question is known as the federal excise tax on long distance telephone service. It was created in 1898. Yes, this tax arose well over one hundred years ago. As you might image, a few people started to wonder how a tax established in 1898 could possibly apply today, particularly given the advancement of telephone technologies. Turns out it doesn’t apply! Given a chance to review the situation, five appellate courts have ruled the tax invalid.
After contemplating the situation, the IRS has decided not to challenge the legal rulings. Instead, it has voluntarily agreed to issue credits or refunds for the excise taxes paid the past three years. Specifically, you will be able to claim a refund of all taxes paid from February 28, 2003 till the date the IRS stopped collecting them.
To collect the refunds, the IRS will create a new box on all 1040 filing forms for the 2006 tax year. In practical terms, this means you will be able to check a box and get a refund when you prepare your 2006 tax return in 2007. The IRS will pay interest on these funds.
It should be noted the refund is applicable only to the long distance excise tax. You still must pay local service taxes and the refund does not apply to taxes collected by states and such. Still, any refund is a good refund in my opinion.
Tax Tips for IT Consultants and Contractors
I live and work, quite literally, down the road from the main Microsoft campus. No surprise, then, that I’m commonly asked by freelance consultants for free advice about how these self-employed independent contractors can minimize their income taxes.
If I can, I try to weasel my way out of the discussion, offering up such basic tidbits as, “Well, be sure to look at the home office deduction.” And “make sure you’re taking advantage of deductions for health insurance and pension funds.”
Usually, those simplistic answers work. Everyone once in a while, though, I encounter some guy who’s really motivated to save on taxes. Usually, someone now making good money consulting or contracting… When I can’t deflect their questions in some other way, I tell them about the three best ways that independent contractors have to save on taxes.
Technique #1: Smooth Your Income
Whatever you think of the US Internal Revenue Code, you need to know that it’s quite progressive. That progressivity means the more you make, the more you pay. The progressivity also means that if your income fluctuates, your income taxes go up even if you make the same money on average as someone else makes.
To give you an example of this, suppose that you compare two consultants, John and Jane. If John makes a steady $60,000 a year and has a mortgage, a spouse and couple of kids, he might pay about $1000 over four years (net of tax credits for these like his children.)
In comparison, suppose that Jane averages $60,000 a year, but sees her income fluctuate between $30,000 a year and $90,000 a year. If she also has a spouse, two kids and a mortgage, she’ll probably pay $8,000 to $10,000 over those same four years.
Please note that over the same four years, the two consultants make the same amount of money: $240,000. But what they pay in taxes differs radically. Jane pays eight to ten times what John pays. Bummer.
What can Jane do? Well, let’s bring this back to the example of working consultants. Jane can probably smooth her income. She can make sure that she’s not stacking two big retainers or performance bonuses in the same year. She can spread out year-end payments over the ending and beginning year in ways that smooth her income out. She can even try to stuff more of her expenses into the good years. In the good years, for example, she can buy new computers, take those graduate classes, or top off her pension.
Technique #2: Setup an LLC and Elect S Corporation Status
I’ve written and talked much about how S corporations save taxpayers money and how the right way to set up an S corporation is first create a limited liability company and then ask the IRS to treat the LLC as an S corporation for tax purposes.
Let me review the basics here again, however. Suppose that you’re making $90,000 a year as a consultant or contractor. If you just treat your business as a sole proprietorship, you might pay $12,000 in income taxes on the $90,000 and then another 15.3% self-employment tax, or roughly $13,500 on the $90,000.
If you set up an LLC and have the LLC treated as an S corporation, you’ll still pay the same $12,000 in income taxes. But you’ll only pay the 15.3% self-employment tax on that portion of the profit that you categorize as wages. If you categorize, say, $50,000 of the profits as wages, you’ll pay $7,500 in self-employment taxes. (The other $40,000 in remaining profits, by the way, gets paid out as a dividend-like “distribution.”)
Note, then, that the S corporation saves you roughly $6,000 every year. Sweet, right?
Two quick points about S corporations: First, S corporations require some extra tax and accounting so you don’t get to spend all of your savings. Some of the savings go to the lawyer, the accountant, and the bank. Second, you absolutely must set your salary to a reasonable level.
Technique #3: Relocate Your Residency
One final, easy planning gambit if you telecommute. Remember that there are states like Alaska, Florida, Nevada, Texas and Washington that don’t charge residents state income taxes. Accordingly, if you relocate to one of these states, you’ll automatically drop your overall tax bill because you won’t have state income taxes.
Sometimes, one of the benefits of independent contracting and freelance consulting is that is that you do get to live wherever you want. Why not choose a place that doesn’t tax your income?
But a caution: Do be careful that you don’t get blindsided by the other taxes a state levies. For example, Washington state where I live charges a one and half percent excise tax on service revenue. This is probably still less than the income taxes that many other states charge. But it highlights an important caveat: Before you move to some other state, you definitely want to run the numbers and compare your current state to the possible new state.
If I can, I try to weasel my way out of the discussion, offering up such basic tidbits as, “Well, be sure to look at the home office deduction.” And “make sure you’re taking advantage of deductions for health insurance and pension funds.”
Usually, those simplistic answers work. Everyone once in a while, though, I encounter some guy who’s really motivated to save on taxes. Usually, someone now making good money consulting or contracting… When I can’t deflect their questions in some other way, I tell them about the three best ways that independent contractors have to save on taxes.
Technique #1: Smooth Your Income
Whatever you think of the US Internal Revenue Code, you need to know that it’s quite progressive. That progressivity means the more you make, the more you pay. The progressivity also means that if your income fluctuates, your income taxes go up even if you make the same money on average as someone else makes.
To give you an example of this, suppose that you compare two consultants, John and Jane. If John makes a steady $60,000 a year and has a mortgage, a spouse and couple of kids, he might pay about $1000 over four years (net of tax credits for these like his children.)
In comparison, suppose that Jane averages $60,000 a year, but sees her income fluctuate between $30,000 a year and $90,000 a year. If she also has a spouse, two kids and a mortgage, she’ll probably pay $8,000 to $10,000 over those same four years.
Please note that over the same four years, the two consultants make the same amount of money: $240,000. But what they pay in taxes differs radically. Jane pays eight to ten times what John pays. Bummer.
What can Jane do? Well, let’s bring this back to the example of working consultants. Jane can probably smooth her income. She can make sure that she’s not stacking two big retainers or performance bonuses in the same year. She can spread out year-end payments over the ending and beginning year in ways that smooth her income out. She can even try to stuff more of her expenses into the good years. In the good years, for example, she can buy new computers, take those graduate classes, or top off her pension.
Technique #2: Setup an LLC and Elect S Corporation Status
I’ve written and talked much about how S corporations save taxpayers money and how the right way to set up an S corporation is first create a limited liability company and then ask the IRS to treat the LLC as an S corporation for tax purposes.
Let me review the basics here again, however. Suppose that you’re making $90,000 a year as a consultant or contractor. If you just treat your business as a sole proprietorship, you might pay $12,000 in income taxes on the $90,000 and then another 15.3% self-employment tax, or roughly $13,500 on the $90,000.
If you set up an LLC and have the LLC treated as an S corporation, you’ll still pay the same $12,000 in income taxes. But you’ll only pay the 15.3% self-employment tax on that portion of the profit that you categorize as wages. If you categorize, say, $50,000 of the profits as wages, you’ll pay $7,500 in self-employment taxes. (The other $40,000 in remaining profits, by the way, gets paid out as a dividend-like “distribution.”)
Note, then, that the S corporation saves you roughly $6,000 every year. Sweet, right?
Two quick points about S corporations: First, S corporations require some extra tax and accounting so you don’t get to spend all of your savings. Some of the savings go to the lawyer, the accountant, and the bank. Second, you absolutely must set your salary to a reasonable level.
Technique #3: Relocate Your Residency
One final, easy planning gambit if you telecommute. Remember that there are states like Alaska, Florida, Nevada, Texas and Washington that don’t charge residents state income taxes. Accordingly, if you relocate to one of these states, you’ll automatically drop your overall tax bill because you won’t have state income taxes.
Sometimes, one of the benefits of independent contracting and freelance consulting is that is that you do get to live wherever you want. Why not choose a place that doesn’t tax your income?
But a caution: Do be careful that you don’t get blindsided by the other taxes a state levies. For example, Washington state where I live charges a one and half percent excise tax on service revenue. This is probably still less than the income taxes that many other states charge. But it highlights an important caveat: Before you move to some other state, you definitely want to run the numbers and compare your current state to the possible new state.
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