Archive for the ‘Tax’ Category
Five Lethal Bloopers Taxpayers Make
Tax payers make mistakes all the time; some are fixable but others can be lethal. If you don’t know how the IRS collection process works, you should not attempt to do it yourself. IRS agents will attempt to collect the greatest amount possible, and often have the upper hand when dealing with innocent taxpayers. However, if you hiring a tax attorney, they can prevent this from occurring and level the playing field.
Mistake #1: Accepting poor behavior from IRS agents.
Many times taxpayers feel that they have to deal with the IRS and some of their rude employees. But that is never the case. Don’t ever think that just because you owe the IRS money that you have to be treated with disrespect and sometimes incompetent people. If this ever happens to you by one of the IRS agents, do not take it. Demand to speak with a manger and require having a new person be assigned to your case. If that does not work do not worry, you have other options. You can file an appeal or hearing under the Collections Appeal Program and Collection Due Process to deal directly with the Office of Appeals.
But just always remember that even though an IRS agent has his job to do, does not mean that they have to treat you with disrespect and not handle your case professionally.
Mistake #2: Not knowing what grounds you stand on
You should always know where you stand in your case and the position that you hold. That is why it is always good to read everything that you receive from the IRS; letters, notices, transcripts. And read it carefully; know what you are reading and make sure you fully understand what your notice says. If you do not feel that you do not have all of the proper documents and information or that you do not understand it completely, then request for records of your account and perhaps hire a professional to explain things for you.
Ask questions! There is no such thing as a stupid question, so ask as many as you can think of. This could even means asking questions that could provide you with more help to understanding your case and what you need to help yourself. Never take for granted that you know where you stand or what will happen for you next in your case. When it comes to being told new information always make sure you are receiving it on paper and getting in writing!
Mistake #3: Never admit to violating IRS tax laws
A smart person knows that they should never admit to a crime if they know that they did not commit it. And a person knows that they should never say anything to the police without a lawyer present; especially if they do not know what crime they are being accused of. So why would you do that with the IRS? You wouldn’t because you are a smart person. That’s why if the IRS starts asking and accusing you of infringed tax laws that you are not perfectly clear on then you should, and do have the right to hire a tax attorney to fight and defend you.
Mistake #4: Ignoring the IRS
This is a big NO, NO; you should never ignore the IRS. Always answer or return phone calls. Respond to notices or letters sent out by the IRS. If they are looking for a response from you then respond. Keep the communication line open between you and the IRS. By doing this you will get increased cooperation from the IRS that will help you in the long run. However, if you feel uncomfortable or inadequate, you have the right and can always hire a tax attorney to represent you.
Mistake #5: Agreeing to pay more than you can actually afford
If you can afford to pay your entire tax liability, you would be wise to do so as interest and penalties are accumulating daily. However, this is not a common situation. The IRS wants their money as soon as possible. They will ask you to try and get a personal loan, sell assets, or borrow money from relatives. If you cannot do any of these things, the IRS will want you to set up an Installment Agreement and submit a financial statement, which determines how much you can afford to pay every month. Most taxpayers do not know how to fill the financial statement out properly causing their monthly payment to be much higher than it should be. Hiring a tax attorney who knows the IRS collection process can prevent this from happening.
So the rule of thumb to gain from all of this is, “When in doubt call aTax attorney to handle your IRS matters for you.” You will be thankful you did so in the long run.
Saving Business Taxes
One always has to be aware that tax avoidance is a legal means of minimizing your tax bill where as tax evasion is illegal and must be avoided. HMRC (Her Majesty’s Revenue & Customs) have increasing powers and this is a very strong deterrent to ensure that one does not become involved in evasion.
There are many very basic and in some way obvious ways that you can do that are both inexpensive and with in the law.
The first and most elementary one, but one, that we often see is not dealt with correctly is to keep a first class set of records and ensure that you record and claim for all the business expenses that you incur. If you do not you will undoubtedly be paying tax unnecessarily.
If you are just too busy running your business to keep your own books make sure that you simply file all your sales invoices, purchase invoices, expense vouchers and bank statements on lever arch files and regularly give these to your bookkeeper or accountant so they can keep your records up to date. It will be money well spent as it will ensure that you keep your records up to date and can meet your filing deadlines either as a sole trader or as a limited company. Also your year end accounting fees will be much lower if you have good records. The best news of all though will be that your tax bill will be lower as you will be claiming for all your business expenses.
Simple ideas like ensuring that you have a separate business bank account and deal with all you business income and expenses through that account is an easy idea to implement. That way you have one source of all your business transactions and you should open a business bank account as soon as you open for trade. We come across many clients who have not had such basic advice from their previous professional advisor so they have their personal and business transactions all jumbled up. Not only does this make it very difficult to claim the proper amount of expenses but it also will mean that your accountancy fees will be higher than they should be.
Some other points to consider is whether you should trade as a sole trader or through a Limited company as there advantages and disadvantages of either.
If your family work for you should consider making payments to them particularly if they have unused personal allowances.
If you are getting close to your accounting year end then you should consider if there is any legitimate expenditure that you can bring forward such as redecorating of your office or factory. Also it can be a good idea to purchase any new equipment before the end of the accounting year.
When you feel that the business is well established and you have long term plans to stay in the UK then it must be worth considering making contributions to a personal pension and the sooner you do the greater the ultimate pension pot will be.
It is very important however that you keep your eye firmly on the ball and make a profit as there is no point in thinking of saving tax if you do not have the profits to protect.
A Fresh and Green Way to Pay Your Taxes
It seems a little too old fashioned for a lot of people to write a check, seal it in an envelope, and a stamp, and mail it in the nearby mailbox so there is a new way to pay your taxes without having to do all these out of date procedures. This new way is like any other situation where you can pay your bill online. Usually when you pay your phone bill or cable bill, you will pay through your bank via eChecks. These little electronic pieces of paper can save you a load of hassle since it will show that you have paid your bill instantly. There is no paper trail so you are saving the environment as well when you go paperless. It is a more efficient process and your records are all there in your computer already when tax time rolls around. No more late fees or phone calls because you mailed the bill, but it hasn’t gotten there yet either. We live in the digital age and taxes are just another piece of the digital puzzle.
Now you can, or you might even be required to, pay your taxes via an EFT Payment, or an electronic funds transfer payment. You can volunteer to pay your taxes this way because it allows payments from taxpayers to go directly into the State Treasury without any delay so you will not have to worry if you made the deadline on time.
It is slightly complicated to do it in this process, but taxes are going to be a pain if you do it yourself no matter what. The Government will let you know after you have called them if you are eligible for EFT payments and then they will make you fill out an authorization agreement. After that you have to set up ACH processing at your local financial institution. There are two types of automated clearing house processes are ACH debit and ACH credit. I would recommend setting up an ACH debit since your bank will probably charge you something to set up ACH credit. After these things are done, you can pay your taxes every year in a safe, secure, and convenient way.
Now that you have found a way to pay your taxes online, you should also think about filing them online as well. You may now send your taxes in via the Internet as well. If everyone did that, think of how many trees we might save.
New Tax Credits For Students
The payment of taxes is something that we all must deal with in our lives as adults working and learning out in the real world. Fortunately, there are new, exciting tax credits available to help us and decrease our overall tax liability. One such credit is the newly established American Opportunity Education tax credit. These and other similar education tax credits are incentive to attend college as you are able to receive money back from the government for attending and achieving your educational goals. These credits are not only there to reduce tax owed, but they are money that you can receive even if you do not owe tax.
Originally, the Hope Scholarship allowed students in their first two years of college to deduct tuition expenses up to a maximum of $1800 to reduce taxes owed, but the new plan now allows students to deduct up to $2500 dollars in their first four years of college. This could mean extra money in your pocket for expenses while attending college.
The new program also allows you to include the cost of books as well, which the Hope Credit did not. This new program essentially makes the cost of going to a public university affordable for most and will help defray the costs of student loans. Cash advances may become a thing of the past with this new credit as it will put money into the pockets of hard working students across the country and add incentive never before seen to get a post-secondary education.
With a professional background in both personal and business finance, business administration, and marketing, these articles are meant to help readers learn a little more about these very subjects. Will cover everything from the basics to current events.
The AMT Requires Additional Analysis With Respect to Standard Vs Itemized Deduction
A common question that arises at tax time is whether to itemize or take the standard deduction. For individuals paying the Regular Tax the decision is easy, but when the AMT is involved there is one extra step that needs to be taken. As will be seen in the example below, this step can save the taxpayer thousands in AMT dollars.
Annual election
The basic choice – itemizing vs. taking the standard deduction – is an election a taxpayer makes each year when the tax return is filed. The election is binding for both the Regular Tax and the AMT; a taxpayer cannot itemize for one and take the standard deduction for the other.
Itemized deductions
The major categories of itemized deductions are Medical and Dental, Taxes, Charitable Contributions, Home Mortgage Interest, Casualty Losses, and Miscellaneous. All of these are deductible under the Regular Tax. Under the Alternative Minimum Tax, however, the itemized deduction categories of Taxes and Miscellaneous Itemized Deductions are disallowed in their entirety, while Charitable Contributions are fully allowed. The categories of Medical and Dental, Home Mortgage Interest, and Casualty Losses also are allowed, at least in part.
Standard deduction
The standard deduction is a fixed dollar amount, adjusted annually for inflation. This may be taken in lieu of itemizing deductions. Currently this dollar amount is $11,400 for a married couple filing jointly.
Step 1 – compute the lowest Regular Tax
The Regular Tax, of course, is the starting point, and the choice here seems simple: if the standard deduction is greater than the taxpayer’s itemized deductions, then the standard deduction will result in a lower tax liability. If the taxpayer is paying the Regular Tax, nothing more needs to be done. If, however, the taxpayer is in the AMT, it is critical then to go to step 2 to avoid overpaying taxes.
Step 2 – recalculate the tax liability using itemized deductions
Going back to our married couple, even though their itemized deductions were less than the $11,400 standard deduction, they need to recalculate their taxes taking itemized deductions instead of the standard deduction. Although this seemingly would increase their taxes, it may actually reduce their AMT, or even possibly even eliminate it as in the example discussed below.
Example
To illustrate how this analysis would work, assume a couple lives in Florida, a state with no income tax, and is renting their home so they have no real estate taxes or mortgage interest. All the couple has for itemized deductions is $10,000 of charitable contributions. They have $250,000 combined salaries and wages, and $50,000 of dividends and capital gains.
When this couple starts out with step 1, they note that their $10,000 of itemized deductions is less than the $11,400 standard deduction, so they elect to take the standard deduction. At first blush, this seems to be the correct thing to do because their taxable income is $1,400 less by doing this than if they had itemized, but in actuality this would be a very costly mistake for them to make.
Under these facts the couple would pay $64,634 in taxes – $61,610 of Regular Tax and $3,024 of Alternative Minimum Tax. Under the AMT, they receive no benefit from the standard deduction, and they are wasting the Alternative Minimum Tax benefit they could get from the $10,000 charitable contribution deduction. If, instead, in this example the couple elected to itemize, their tax liability would be $62,072 – all Regular Tax, with no AMT. Even though they gave us $1,400 in Regular Tax deductions, they saved $2,562 and completely eliminated the AMT!
Conclusion
It is critical that Alternative Minimum Taxpayers take this extra step. At first it may seem counterintuitive to be taking the smaller of itemized deductions or the standard deduction, but thinking differently can actually end up saving significant taxes.
How to Cash in on Tax Liens
This economy has shown us that what goes up must come down and what has done that better than real estate.
This harsh new reality has created homes with mortgages that are bigger than the value of the house. While many people look at this as a bad situation you can actually become wealthy from it.
More people than ever are having trouble paying their bills. This leads to not only mortgages being not paid but taxes on the homes defaulting.
How can you become rich? Simple really, you invest in these tax liens.
The concept is simple, a homeowner cannot pay their property taxes and a lien is placed on their home. If the owner does not pay off the lien with a set period of time that is established by local laws the liens are sold to investors.
For less than $2,000 in most cases you can buy the tax lien and have the potential to get ownership in the house in the even of the homeowner default to you.
So there are only two possible outcomes from your tax lien investment.
1. The homeowner will pay you the amount owed with interest or
2. The homeowner defaults on your loan and you get the ownership of the house to rent or sell.
So in a worse case scenario you get all your money back with interest or get a home for the few thousand dollars you invested in the tax lien. This is what I call a win-win situation.
Investing in these liens will make you rich since it is really a game of sheer numbers. The more you invest in the better your chances are of getting homes and becoming wealthy.
No that you know these little know ways to buy homes for under $2,000 you should know how and where to buy these tax liens. http://www.realestatecash2u.info is a site that will give you all the information you will need to become rich using tax liens.
How an IRS Settlement Works
An IRS settlement can be used for an outstanding tax bill and an audit assessment. It allows a taxpayer to save a significant amount of money by reducing a tax debt balance down to an affordable payoff amount.
Having to pay a tax bill that surpasses your monthly budget allowances can cause a lot of stress. Through an IRS settlement, you will be able to save money that can ultimately be used to pay for other household expenses and bills.
During an audit, you may find out that you made mistakes on your tax returns that will result in hefty fines and a large tax bill. By using a tax professional, you will be able to contest their determination and have your balance reduced significantly. A successful settlement will typically eliminate penalty fees and a large portion of the base taxes.
When you have financial circumstances that qualify you for a tax debt reduction, the IRS may make an exception that allows you to settle your balance with them. Using the services of a tax professional will make this process easier. The tax expert will be well-acquainted with the qualifying paperwork that will allow you to take advantage of an IRS settlement offer. They will be able to properly fill out the documentation so that your chances of success will be greatly enhanced.
Negotiating a settlement can get tricky and involves a lot of case law and tax codes that you will not be familiar with. This is why you should depend on a tax professional that has been educated in these matters and has the necessary training to move forward with your case. They are also familiar with internal IRS procedures.
Saving money is important these days. The current state of the economy has many people losing their jobs and losing hours. This has resulted in a smaller income stream that can no longer support large tax bills. Being able to take part in an IRS settlement allows you to reduce the stress that you already have over other bills that you have to pay.
Using a tax professional with extensive experience is the best choice. They will have a proven track record of excellent customer service and satisfaction. You will be able to receive an honest opinion and sound advice. They will be able to fight for your rights so that you do not fall into further delinquency or become subject to more fines. You can also avoid liens and wage garnishments.
If you would like to reduce your tax debt, then you should use an IRS settlement professional that is properly equipped to handle your case. This will enable you to get the settlement that you deserve.
What Are Past Taxes and Why Should I Care?
The problem with the way tax law is written is that it’s far, far too confusing. The nice thing about e-filing services is that the cut through that mess and help you get the biggest refund for the most money (and time) invested. But as good as they are, they can’t answer every question and, given my interest in taxes, I often get left to field them.
Amazingly, one of the most common ones I get asked is: just what are past taxes anyways?
The truth is, past taxes is a pretty broad term, but it generally refers to two things: any taxes you have paid in the past, and any taxes you haven’t paid, that are also in the past. The latter can also be called back taxes, past due taxes and/or non-compliant taxes.
While people understandably worry about the latter, current (or paid) past taxes are actually more important than most people think. If you file your taxes on time each year–whether by April 15th or by filing an extension–you tend to not think about what your old taxes once they’ve been accepted. However, those taxes can be crucial. They can help you file current taxes and they can also help you cut your bills or get a mortgage! Hang on to your past tax returns, because you might need them sooner than you realize.
Of course, unpaid past taxes are worried over for a reason: because they are scary. Having debt is always worse than not having debt–and having debt that could hit you with get huge fines or even go to jail for is pretty frightening! However, most people don’t realize they have nothing to fear. Not only are past taxes easy to file, but they often work in your favor! That’s right–by filing your past taxes you not only reduce your worries, you often get money back! Most people who fail to file those past tax returns are owed money by the government, sometimes even several thousand dollars. Consider that if you’re on the fence about filing–and then file today!
Past taxes aren’t as scary (or as unimportant) as they might seem. In fact, I believe they’re not only pretty dang easy to deal with, they’re also essential to a healthy financial future. But the first step on that road is just knowing what they are.
What is a Trust Fund Recovery Penalty?
Have you received notices from the IRS stating that you have not turned in your 941 payroll tax return? Or maybe they have not received them? Are you repaying an outstanding penalty or not able to make payments on your payroll taxes? Did you forget to file a return? Are you having financial difficulties? Are you being threatened with a garnishment or levy against your bank account? Or are you possibly facing a Trust Fund Recovery Penalty because of begin personally responsible for the debt? If the answer to any of these questions is yes, then you most definitely need the assistance of a tax attorney.
Trust Fund Recovery Penalty
As with any problem you encounter, no amount of sidestepping or creative avoidance is going to alleviate the situation. Avoiding it altogether is not an option and will only result in the situation growing more and more out of control. The IRS is very adept at debt collection and they will get their money due, one way or another. That one way could be through a Trust Fund Recovery Penalty. They look for who holds responsibility for the tax debt and then begin the collection process immediately. They issue fines and penalties that grow daily with interest fees.
Internal Revenue Code 6672
As part of the debt collection process the IRS will put levies against any and all assets you have personally, as well as any possible business assets. The IRS Trust Fund Recovery Penalty is outlined in the Internal Revenue Codes Section 6672 (a). It is outlined as being a 100% penalty, and is assessed in the event that “trust funds” are not paid. Trust funds are considered as income withholding that an employer is required by law to deduct from employee payroll checks. These funds include; federal and state taxes, Social Security and Medicare taxes as well. The amount is held in trust until it is to be paid to the IRS.
Who is liable for paying the penalty?
Who is responsible for paying a Trust Fund Recovery Penalty? This would be the person who has the power to make the payroll deductions, but who fails to make the required payment. This may be one person or a group of people as a collective. This person may be the company CEO (Chief Executive Officer), a corporate employee, a corporation director or primary shareholder, a board of trustee member of a nonprofit group or any other person who has the authority over the disbursement of payroll funds.
The IRS can levy a Trust Fund Recovery Penalty against anyone. However, the IRS will determine according to their guidelines that are most financially responsible and go after them. They have outlined rules governing who they determine who is responsible: this person must have had knowledge about the unpaid taxes, have misused the funds to keep the business afloat or disbursed the funds to other creditors, and there are other standards in addition to these. A tax attorney is going to know everything about how to handle this situation and will provide you with proper guidance in the event you are fined.
What can you do to prove your innocence?
If you are on the receiving end of a Trust Fund Recovery Penalty, there are many questions you will have. Such as do you know what your rights are? Are you the one who is legally responsible for the penalty or should it be someone else? Do you know if the IRS has assessed the correct amount of “Trust Funds”? Do you qualify for an Offer of Compromise? Can you make the payment in full or do you need an installment plan? Will they seize your home, property or other assets? All these questions can be answered by a qualified tax professional that will look out for your best interests. We at Instant Tax Solutions can do just that for you!
Claiming the Sale of Vacant Land on Your Federal Tax Returns
When vacant land is sold, the sale must be filed with the Internal Revenue Service. You must report the sale on your personal federal tax return if it meets certain criteria. These include whether the land is adjacent to your primary residence, if you owned or used the land as part of your primary residence and whether the sale of your primary residence and the vacant land occurs within two years of each other.
Step 1
Calculate the profit or loss by subtracting the selling expenses from the selling price and any outstanding mortgage balances or tax liens paid out of the proceeds of the sale. Determine whether it’s a profit or loss and the exact amount.
Step 2
Report the gain, if there was one, on Schedule D of the 1040 federal return form. Use line 1 if it’s a short-term debt, meaning that you owned the land for one year or less. Use line 8 if it’s long-term, or you owned the land for more than one year.
Step 3
Report the loss, if that’s the case, on Schedule D, lines 1 or 8. The loss is not tax-deductible, but you still have to report it.
Step 4
Fill in the information associated with Lines 1 or 8 in sublines a through e. Enter the amount of your gain or 0 (zero) on subline f, if it’s a loss. File the form along with your personal income tax return.
Tip
If the vacant land was used for business purposes or rented for income, you may be required to file IRS Form 4797 to report the sale of the vacant land.