Tax News Blog Archive October 2009

The IRS Does Not Owe You $200 Million

For the record, the IRS does not hold millions of dollars in a secret account under your name. Typically, you'd think these kinds of clarifications are unnecessary. However, as Reuters reports, dozens of 'tax preparers' have perpetrated massive frauds under this guise. In a recent criminal lawsuit, the IRS prosecuted such fraudsters for claiming over $500 million in false refunds. Apparently, instead of a secret way of tapping the money in these 'secret accounts,' they just filed falsified tax returns requesting millions in refunds. If it sounds to good to be true, it is--especially when it comes to taxes.

Besides, if you really had a $200 million tax refund, you should fire the CPA that instructed you to pay that much.

[On Fridays, we explore the lighter side of tax news.]

Resources for Tax Exempt Organizations

Introduction: General Information

The IRS continually publishes information statements and rules summaries for tax exempt organizations. While consultation with a tax professional is always recommended, staying informed through these sites will help exempt organizations avoid potential issues. These sites are helpful both for existing organizations and people interested in forming new organizations.

Overview of IRS resources for exempt organizations presentation

IRS general information page (helpful written guides)

IRS resources for tax exempt organizations (15 minute presentations)


Form 990 Update & Resources

The IRS recently updated Form 990, one form most tax exempt organizations are required to file. The update, the first in over 30 years, requires additional information, designed to disclose more information to the IRS and to the public. The increased disclosure relates mostly to executive compensation and other expenditures. 

IRS information statement 

Video series on the key reporting issues for for 990: video series


Yellis & Foley's Tips for Exempt Organizations

Know your return filing deadline. The Form 990 must be filed within 4.5 months of your fiscal year end. You can apply for two extensions, each providing an additional three months in which to file your return.

Be sure to consider any changes in the activities of the non-profit. Certain activities could jeopardize your exempt status, such as certain kinds of political engagement.

Maintain strong financial procedures. The reconciliation of bank statements and separation of financial duties are important to the overall well-being of your organization.

10/26 Tax Headlines

TARP Funds for Small Banks & Businesses

The Obama administration is planning to open TARP funds up to small banks (those with less than $1 billion in assets). This effort is designed to put new money into the business credit loans, an area of finance still suffering from the recession. Many small businesses depend on such loans, these funds could help those businesses survive and grow.


Colorado Gives Residents $42k Towards a New Tesla

If you live in Colorado and if you like electric vehicles and if you've got $68k to pay for one (all readers of this blog are now excluded): good news! The State of Colorado is giving a special tax credit for 85% of the price difference between alternative fuel vehicles and traditional gas vehicles. For the $110,000 Tesla roadster, that works out to $42,000, a 38.6% discount. Now watch your electric bill fund your driving habits...


Maine Tax Ballot Questions

Maine voters will decide two tax-specific ballot questions on November 3rd. Question 2 limits auto excise tax on new vehicles, and exempts hybrid and fuel-efficient vehicles from sales tax and three years of excise tax. Question 4 holds state and local government spending increases to inflation plus population growth, unless specifically approved by the legislature and voters (local voters would have to approve local and county increases above the defined rate).

Question 4 has the typical proponents and opponents, but some traditionally lower-tax advocates don't support the sweeping changes of Question 2. What remains to be seen is whether voters will be convinced they need to limit the growth of government.

4 Year Old Home Buyer

As with any free money from the government, the first time home buyers tax credit (set to expire November 30th) has been abused. Russell George, the inspector general for tax administration, found that 580 home buyers under age 18 had purchased homes under the program. This figures includes one homeowner that is four years old. In possibly the understatement of the week, George concluded: "it is unlikely that these taxpayers would have entered into an arm’s-length transaction for the purchase of a home.”

[On Fridays, we explore the lighter side of tax news.]

Three Personal Finance Blogs We Read

In this space, we post tax-related news, analysis, and advice. While this helps many of our clients, they often have questions about their finances in general. These three blogs often have helpful information and strategies for dealing with personal finances.


Get Rich Slowly

Personal finance and lifestyle advice written by a non-professional. He has a practical viewpoint. He's best when reviewing advice columns and books, and often posts links to helpful articles and tools.


Money Ning

"I have decided to be as wealthy as I can be. My short to-do list includes:

Earn as much as I can.

Save as much as I can, as early as I can.

Learn as much as I can on growing my nest egg and how to apply it."

Helpful advice on keeping things simple, staying abreast of unfolding issues, and educating yourself. The author has a unique background and is really driven to maximize his wealth through aggressive savings and thrift.


Frugal Dad

A seasoned guy, Frugal Dad has a conservative approach to money and lifestyle choices. Self-employed, he advocates things like building an 'entrepreneur fund' (a year of expenses) before starting self-employment.

Tax Headlines

Small Business Owners Appeal Property Tax Increases

As real estate prices continue to decline, some tax appraisal values exceed the market price. Many cities and towns raise appraised values regularly every four or five years. Property taxes, as a potentially significant fixed cost, can cut heavily into profits. So, as the Wall Street Journal reports, some property owners are successfully appealing their assessments. Municipalities are faced with a tough choice: they may have to raise tax rates if total appraised values fall.


Republicans Outline Tax Policy Ideas

Eric Cantor, the House Republican Whip, said his party opposes the proposed job creation tax credit. Cantor said the provision "is fraught with peril and potential for abuse;" he also doubts it will effectively combat unemployment. House Republicans instead propose that the government should help small businesses access credit.

For small businesses, the Republicans support extending net operating loss carry-back provisions, an idea favored by Speaker Pelosi. The stimulus bill already allows businesses to apply 2008 losses to five years of past profits, up from the typical two years. Republicans also favor creating a small business income tax deduction and allowing small businesses to purchase health insurance together.

Cantor also announced the GOP favors extending the first-time home buyers credit, and possibly opening it to all home buyers.


Federal Deficit in FY 2009 $1.4 Trillion

On Friday, the Treasury Department reported the final results for the federal government's 2009 Fiscal Year. Secretary Geithner noted this figure is $162 billion less than they expected in August: Treasury spent $132 billion less on TARP and had $30 billion more in tax revenues than previously expected. As the budgeting process moves forward, officials are considering multiple proposals to make the country's fiscal situation stronger.

IRS on Youtube?

The Internal Revenue Service, responsible for administrating the US tax code, has found the time to post helpful video tips to Youtube. If you disbelieve, we understand--we couldn't believe it either. But sure enough, the videos are available here and are frequently updated.

Typically Youtube surfing yields music videos, people dancing down the wedding aisle, and videos of cute babies. But now you can find the tax man talking to the camera too.

Upon further review, we discovered that these videos really do contain helpful, timely information. So we have posted the channel on our tools & links page. To find the latest videos, just click here.


[On Fridays, we explore the lighter side of tax news.]

2009 Maine Tax Law Changes

State tax issues are becoming increasingly important as states struggle to raise revenue and preserve services. Maine is no stranger to these events.  Beginning with 2010 Maine Individual Tax Return filings there will be a significant change in the way Maine income tax is calculated. The graduated tax rate schedule has been replaced with a flat tax rate of 6.5 percent. In addition, standard and itemized deductions and personal exemptions have been replaced with tax credits.  In general, the change intends to shift an increasing burden of state taxes towards the sales tax and reduce it in the area of individual income taxes.  The majority of our clients should see a slight reduction in their Maine income taxes when we file these returns in early 2011 (for 2010 taxes).  Remember that these changes do not apply to 2009.    

Sales taxes are scheduled to increase in late 2009 and early 2010.  Everyone will feel the increase from 7 percent to 8.5 percent on all prepared foods (the sales tax on restaurant meals). Also, the sales tax has been broadened to apply to certain services that were previously exempt from sales tax.  These services include amusement fees, installation, repair and maintenance services, and certain personal property services.

Both changes discussed above may be delayed or reversed by the pending people’s veto, an effort to put the policies to a public vote in the June 2010 election.

Tax Headlines

Extend First Time Home Buyers Credit?

The $8,000 tax credit for first time home buyers expires on December 1st. Discussions, in Congress and the White House, are underway to lengthen the benefit. Congress has already pushed the deadline back for those in the military. Bloomburg has the latest, including an interesting fact: this credit costs the US government (thus taxpayers) $1 billion per month.


Tax Credit for Hiring Workers?

According to the Wall Street Journal, congressional leaders are advocating a number of new tax credits, including a credit for companies hiring new workers. But this and other measures designed to counter high unemployment are running into the highest deficit as a share of the GDP since the Second World War.


47% of Households Pay No Tax

According to CNN and the Tax Policy Center, some 47% of households (71 million) have no federal tax liability. Of course these folks still pay FICA withholding (Social Security and Medicare), but because of the progressive tax code and an increasing number of refundable credits, almost half of households don't pay any federal income tax.

IRS Holds Cost Taxpayers

IRS computers automatically place all refunds of $10 million or more on hold. They use this time to check for errors that may reduce the refunds. (Their version of low-hanging fruit.) But they are often late in reviewing the returns, so the held refunds collect interest.

When you've got over $10 million held, the interest can be signficiant. Treasury inspectors say that in 2008 the slow refunds cost the IRS $63 million in interest. The folks with the huge refunds got some extra interest, but taxpayers paid for it.

Taxpayers paid $63 million for the IRS being late. How much did taxpayers save from the IRS reviewing the held returns? No word from Treasury yet.

[On Fridays we explore the lighter side of taxes.]

Tips on Surviving an IRS Audit

As the owner or operator of any small business, an IRS audit may be the most trying and least rewarding experiences you can undergo. However, with a clear understanding of what could happen, some planning, and good preparation, you can decrease the pain and increase the odds of successful outcome.

Here at Yellis & Foley, we've assisted clients with Maine sales tax and other state audits, as well as federal tax audits. Additionally, Mark & Jim both worked on corporate audits while with Hannaford Bros. Based on our experience, we think the following tips can help you confront this potential challenge. (Of course, as accountants, we will always maintain that strong record-keeping is important.)


What the IRS Wants

IRS auditors want to ensure you've correctly stated your income and paid the tax you owe on that income. Thus they scrutinize your entire business to find out the reality of your income and expenses.

Unreported, or underreported, income: One of the biggest finds for an auditor is additional income, because it almost always results in additional taxes, plus penalties and interest. They tax and impose interest and penalties on unreported income whether the mistake was accidental or intentional. Significant fraud can result in criminal charges.

Expenses: Auditors also will monitor whether you've accurately separated personal from business expenses. They pay attention to entertainment, travel, meal, and transportation expenses in particular, expecting you to prove that each expense directly connects with your business. They also will want a mileage log for any car that has personal and business uses.

Employees vs. Independent Contractors: Just because you think someone is a contractor does not mean the IRS will. Auditors look for extra employees to assess additional payroll taxes, interest, and penalties. Real contractors have businesses of their own and offer services to other customers. If you are telling people where, when, and how to work, the IRS may consider these people employees.


Planning for Audits

We encourage these business practices whether you're facing an audit or not: they make your business efficient and will help you face any scrutiny.

Simplicity: Keep your business practices straightforward. Find the simplest and easiest way to accomplish your financial goals. The more complex and confusing your financial practices are, the more room there is for error.

Record-keeping: Keeping track of what happens in a consistent and clear manner as you go is a lot easier than trying to figure out what happened when facing an auditor. Implementing solid accounting software and procedures now helps you measure the success of your business and allows you to make decisions with solid information.

What to keep: Auditors may ask for many kinds of records. It's a good idea to keep: receipts for expenses, invoices for income, bank statements, cancelled checks, accounting ledgers, computer printouts of the data you used to file tax returns, leases and titles for business property. In most cases, clear digital scans of original documents will suffice. Some accounting software allows you to organize and store scanned images with the digital records they support. The key here is to keep your documents in an organized and consistent system, so that your 'paper trail' clearly matches your activities.


Preparing for Audits

If you have well-kept records, preparing for an audit should be easy. Pulling the appropriate files and records from huge, disorganized pile increases your chance of missing something. You should present the auditor with a neat, logically arranged set of documents that clearly aligns with your explanation of your business practices.

Another way to prepare is to engage a tax professional (CPA). People like us are used to audits and can help ensure that you have appropriate records. We keep abreast of tax laws and changes--helping you to know what you are required to do. Allowing a CPA to speak on your behalf lowers the emotional tone of some audits and ensures that you offer the right information in the proper manner.

You can read and download the IRS Auditor Guides for certain industries at irs.gov. Their MSSP (Market Segment Specialization Program) trains auditors to find typical tax evasion strategies in specific industries. Understanding how auditors are trained can be a good strategy for preparing for their questions. Anticipating their inquiries will allow you to ensure you have the relevant documentation available.


Surviving an Audit

The best thing you can do to avoid disastrous audits is to ensure you are in compliance with tax laws as you go. No audit strategy can fully cover a business that routinely violates the law. After ensuring you follow the law, good record-keeping is the most important tool in undergoing an audit.

Retirement: Social Security

Retirement can have multiple meanings. Scaling back full-time work, applying for social security benefits, or drawing on your savings can occur at different times.  And retirement can mean continued part or full-time work. Creating a plan that fits your needs is important.

The timeline of when you retire and when you elect to receive benefits can affect the size of your monthly social security benefit. Thus, as you create your retirement plan, its important to consider how your timeline, work plans, and income needs are interrelated.


Facts

Working while collecting benefits: If you are younger than retirement age, receiving benefits, and working, your earnings may reduce your available benefits. However, when you reach full retirement age, your continued work may bring a higher monthly rate--increasing the value of your lifetime benefits. Learn more in this Social Security publication: How Work Affects Your Benefits.

Retirement age: The retirement age, for those born between 1943 and 1954, is 66. Others can find their retirement age on their Social Security Statement.

Retiring early: If you are eligible to retire early, you can retire at 62. Your Social Security Statement explains your eligibility. However if you retire early, your benefits will be reduced by a set percentage.

Delaying retirement: If you elect to delay receiving Social Security benefits beyond age 66, your monthly benefit will be increased a set percentage per year you delay.


Links

Retirement planning, in terms of Social Security, starts by visiting socialsecurity.gov. The site offers a range of services, assisting you with Social Security planning and actually requesting benefits. The retirement benefits calculator helps you assess your benefits and how they may change over time. The site also has a helpful discussion of how your decision of when to retire may affect your benefits.

Planners: http://www.socialsecurity.gov/planners/

Benefit calculators: http://www.socialsecurity.gov/estimator/

When to retire: http://www.socialsecurity.gov/pubs/10147.html

Your Social Security Statement: Social Security Statement

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IRS on Facebook?

According to the Wall Street Journal, some state revenue agencies are using social networks, like Facebook and MySpace, to help them find tax evaders. Tools like   Google searches and chat rooms can help agents find some tax dodgers.

Should we be wary? Maybe not yet: many state government IT departments block state employees from visiting Facebook on their work computers.

[We find the lighter side of tax news on Fridays.]