Florida’s Tax Amnesty Days Begin July 1, 2010

June 29, 2010

Florida taxpayers who owe overdue taxes can get a break during Florida’s Tax Amnesty Days, July 1-September 30, 2010. Those taxpayers will be able to pay certain overdue taxes with no penalty and reduced interest.

The program applies to state and local option tax liabilities that were due before July 1, 2010. Under the terms of the program, taxpayers who are reporting a tax liability previously unknown to the Florida Department of Revenue or who are responding to a Letter of Inquiry, self-audit, or self-analysis will pay no penalty and only one-half of the interest due. Taxpayers who are responding to a bill, delinquency, audit, or other assessment issued by the Florida Department of Revenue will pay no penalty and only three-fourths of the interest due. Taxpayers who have been assessed a 10 percent administrative collection processing fee must pay that fee.

To be eligible, the liability for tax, penalty, or interest must be due before July 1, 2010; the taxpayer must complete a Tax Amnesty Agreement; the liability cannot be already covered by a settlement or installment payment agreement; the taxpayer may not be under a pretrial intervention or diversion program, probation, community control, or in a work camp, jail, state prison, or another correctional system regarding Florida revenue law; and the taxpayer is not currently under criminal investigation, indictment, information or prosecution regarding a Florida revenue law.

The taxes and fees eligible for amnesty include:
• Communications services tax
• Corporate income and emergency excise tax
• Documentary stamp tax
• Estate tax
• Motor fuel taxes (including local option taxes)
• Governmental leasehold intangible personal property tax
• Gross receipts tax on utility services
• Insurance premium taxes, surcharges, and fees
• Local option tourist development taxes administered by Department of Revenue and counties that self-administer tourist development taxes that have opted into the amnesty program
• Motor vehicle warranty fee (“lemon law”)
• Nonrecurring intangible personal property tax
• Pollutants taxes
• Sales and use tax (including discretionary sales surtaxes)
• Severance taxes (gas and sulfur, oil production, solid minerals)
• Solid waste and surcharge fees (rental car surcharge, tire and battery fees, gross receipts tax on dry cleaning)

The taxes and fees not eligible for amnesty include:
• Unemployment tax
• Miami-Dade County Lake Belt Fees

The fastest and easiest way to apply for this amnesty program is online. For additional information and the Tax Amnesty Agreement application (which will be available July 1, 2010), visit www.myflorida.com/dor.


Reggie Bush Could be Running From IRS on Gifts Allegedly Received at USC

June 29, 2010

Deidre Behar of FOXNews.com, explains why the IRS might be chasing Reggie Bush for back taxes and penalties and interest. Below is the article from FOXNews.com.
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Good thing Reggie Bush is a fast runner, because the IRS might be chasing him for back taxes, penalties and interest on the estimated $300,000 worth of luxury gifts he allegedly received while playing football at the University of Southern California. And if they catch him, Bush could end up writing the government agency a check on the high side of $150,000.

“If the entire $300,000 is determined to be taxable,” Los Angeles-based CPA Mark Greenberg said, “about 50 percent of that would go to the IRS and Franchise Tax Board. And with penalties and interest, it could go up to 60 percent since it’s going back a few years.”

Greenberg estimates that Bush, now the star running back for the New Orleans Saints, “ultimately will wind up paying about $150,000,” but “it could be up to $200,000” if his financial team can’t get the penalties and interest waived.

Bush and USC have been in hot water since June 10, when the NCAA sanctioned the school with four years of probation and a two-year ban on postseason bowl games. The Trojan football team was also forced to forfeit all its victories during the three seasons Bush played, and it was stripped of 30 football scholarships intended for new players over the next three years.

The penalties imposed upon the coveted USC football program and former student-athlete Bush are the result of an extensive investigation that discovered the Heisman Trophy winner received more than $300,000 in illegal benefits from marketing agents during the years he played college football.

Bush proclaimed his innocence in a public statement, saying, “I very much regret the turn that this matter has taken, not only for USC, but for the fans and players. I am disappointed by {the} decision and disagree with the NCAA’s findings. If the University decides to appeal, I will continue to cooperate with the NCAA and USC, as I did during the investigation.”

Bush’s camp declined to comment as to whether he has been contacted by any government agencies regarding unreported or underreported income. The IRS is legally unable to comment about any specific taxpayer.

How will all the drama surrounding Bush affect the lucrative endorsement deals he has inked since becoming one of the most prestigious players in the NFL? So far, not a lot.

“Reggie Bush has been an outstanding role model and a great partner of ours since he began his professional career. We’ve had a great relationship with him and look forward to continuing that in the future,” an Adidas rep told FOX411.com. Energy drink Red Bull said it “will continue to support Reggie Bush.” And the Milk Mustache campaign said it has no plans to change its relationship with the star player, calling itself “proud to work with Reggie Bush whose professional accomplishments, dedication to youth and community service sets a fine example for the young people of America.”

It remains to be determined whether Bush will keep the Heisman trophy he earned as a superstar running-back in 2005. But some sports media experts think Bush should be prepared to hand it over.

“I don’t think there should be any question. Bush should be stripped of the Heisman. I expect that to happen now that the NCAA has made its findings public,” said Eric Crawford, senior sports columnist at The Louisville Courier-Journal.

John McGrath, a sportswriter at The Seattle News Tribune, echoed Crawford’s sentiments, saying “as for Bush and the Heisman, the trophy ought to be revoked.”

But some say Bush deserves to keep the award, regardless of any controversy.

“He should keep the Heisman Trophy because no one would argue he is not an outstanding athlete with great ability who’s achieved what he’s achieved by being a great football player,” said Jason W. Maloni, senior vice president of Levick Strategic Communications, a marketing firm. “Bush already has a Super Bowl victory to his name and has certainly proven he can compete in the NFL.”

Posted by JK Harris


IRS announces Gulf Coast Assistance Day on July 17

June 28, 2010

By Charles Infinger, Enrolled Agent

On June 25, 2010, the Internal Revenue Service announced a number of new efforts to help taxpayers affected by the Gulf Oil Spill, including a special Gulf Coast Assistance Day on July 17.

The guidance released today is based on current law, and it explains how payments from BP should be treated for tax purposes. According to the current law, BP payments for lost income are taxable in the same way that the wages or business income these payments are replacing would have been. Compensation for physical injuries are non-taxable and payments for property losses are non-taxable as long as they do not exceed the adjusted cost basis of the property they are replacing.

To help people in the Gulf Coast area dealing with tax issues, the IRS also announced a special assistance day on July 17 in seven cities. Taxpayers and tax preparers will be able to work directly with IRS employees to resolve tax issues, including specific topics related to the oil spill. The IRS will hold the Gulf Coast Assistance Day in four states:

* Alabama: Mobile.
* Florida: Panama City and Pensacola.
* Louisiana: New Orleans, Houma and Baton Rouge.
* Mississippi: Gulfport.

Times and specific locations will soon be announced and will be available on IRS.gov. In addition, the IRS will soon be establishing a special toll-free number to assist taxpayers with tax questions relating to the oil spill.

The IRS encourages taxpayers in the Gulf struggling with payment or collection issues to contact the agency. The IRS offers a number of ways to assist taxpayers dealing with oil spill issues or other economic hardship issues, including:

* Assistance of the Taxpayer Advocate Service
* Postponement of collection actions in certain hardship cases.
* Added flexibility for missed payments on installment agreements and offers in compromise for previously compliant individuals having difficulty paying.
* The ability for IRS employees to consider a taxpayer’s current income and potential for future income when negotiating an offer in compromise.
* Accelerated levy releases for taxpayers facing economic hardship.


71 Ways to Cut Your 2010 Tax Bill

June 25, 2010

Mary Beth Franklin, Senior Editor at Kiplinger’s Personal Finance offers a list of 71 actions you can take throughout the year to lower your tax bill. Below is the article from Kiplinger.com.
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Filing your tax return is a once-a-year event but trimming your tax bill requires year-round attention.

If you managed to claim every possible tax break that you deserved when you filed your 2009 return this spring, pat yourself on the back. But don’t stop there. Those tax-filing maneuvers are certainly valuable, but you may be able to rack up even bigger savings through thoughtful tax planning all year round. The following ideas could really pay off in the months ahead.

Give yourself a raise. If you got a big tax refund this year, it meant that you’re having too much tax taken out of your paycheck every payday. So far this year, the average refund is nearly $2,900, up about $200 from last year. Filing a new W-4 form with your employer (get one from your payroll office) will insure that you get more of your money when you earn it. If you’re just average, you deserve about $225 a month extra.

Boost your retirement savings. One of the best ways to lower your tax bill is to reduce your taxable income. You can contribute to up to $16,500 to your 401(k) or similar retirement savings plan in 2010 ($22,000 if you are 50 or older by the end of the year). Money contributed to the plan is not included in your taxable income.

Switch to a Roth 401(k). But if you are concerned about skyrocketing taxes in the future, or if you just want to diversify your taxable income in retirement, considering shifting some or all of your retirement plan contributions to a Roth 401(k) if your employer offers one. Unlike the regular 401(k), you don’t get a tax break when your money goes into a Roth. On the other hand, money coming out of a Roth 401(k) in retirement will be tax-free, while cash coming out of a regular 401(k) will be taxed in your top bracket.

Fund an IRA. If you don’t have a retirement plan at work, or you want to augment your savings, you can stash money in an IRA. You can contribute up to $5,000 in 2010 ($6,000 if you are 50 or older by the end of the year). Depending on your income and whether you participate in a retirement savings plan at work, you may be able to deduct some or all of your IRA contribution. Or, you can choose to forgo the upfront tax break and contribute to a Roth IRA that will allow you to take tax-free withdrawals in retirement.

Go for a health tax break. Be aggressive if your employer offers a medical reimbursement account — sometimes called a flex plan. These plans let you divert part of your salary to an account which you can then tap to pay medical bills. The advantage? You avoid both income and Social Security tax on the money, and that can save you 20% to 35% or more compared with spending after-tax money.

Pay child-care bills with pre-tax dollars. After taxes, it can easily take $7,500 or more of salary to pay $5,000 worth of child care expenses. But, if you use a child-care reimbursement account at work to pay those bills, you get to use pre-tax dollars. That can save you one-third or more of the cost, since you avoid both income and Social Security taxes. If your boss offers such a plan, take advantage of it.

Ask your boss to pay for you to improve yourself. Companies can offer employees up to $5,250 of educational assistance tax-free each year. That means the boss pays the bills but the amount doesn’t show up as part of your salary on your W-2. The courses don’t even have to be job-related, and even graduate-level courses qualify.

Pay back a 401(k) loan before leaving the job. Failing to do so means the loan amount will be considered a distribution that will be taxed in your top bracket and, if you’re younger than 55 in the year you leave your job, hit with a 10% penalty, too.

Tally job-hunting expenses. If you count yourself among the millions of Americans who are unemployed, make sure you keep track of your job-hunting costs. As long as you’re looking for a new position in the same line of work (your first job doesn’t qualify), you can deduct job-hunting costs including travel expenses such as the cost of food, lodging and transportation, if your search takes you away from home overnight. Such costs are miscellaneous expenses, deductible to the extent all such costs exceed 2% of your adjusted gross income.

Keep track of the cost of moving to a new job. If the new job is at least 50 miles farther from your old home than your old job was, you can deduct the cost of the move … even if you don’t itemize expenses. If it’s your first job, the mileage test is met if the new job is at least 50 miles away from your old home. You can deduct the cost of moving yourself and your belongings. If you drive your own car, you can deduct 16.5 cents per mile for a 2010 move, plus parking and tolls.

Save energy, save taxes. This is the last year to cash in on a tax credit for home improvements designed to save energy. One tax credit is worth 30% of the cost of new insulation, doors, windows, high-efficiency furnaces, water heaters and central air conditioners up to a maximum credit of $1,500. The credit applies to both 2009 and 2010, so if you took full advantage of it last year, you don’t get another crack at it. But if you didn’t make any eligible home improvements in 2009, get busy before this opportunity slips away. Don’t think you need to do anything? Try taking an energy audit.

Think green. A separate tax credit is available for homeowners who install alternative energy equipment. It equals 30 percent of what a homeowner spends on qualifying property such as solar electric systems, solar hot water heaters, geothermal heat pumps, and wind turbines, including labor costs. There is no cap on this tax credit.

Put away your checkbook. If you plan to make a significant gift to charity in 2010, consider giving appreciated stocks or mutual fund shares that you’ve owned for more than one year instead of cash. Doing so supercharges the saving power of your generosity. Your charitable contribution deduction is the fair market value of the securities on the date of the gift, not the amount you paid for the asset, and you never have to pay tax on the profit. However, don’t donate stocks or fund shares that lost money. You’d be better off selling the asset, claiming the loss on your taxes, and donating cash to the charity.

Tote up out-of-pocket costs of doing good. Keep track of what you spend while doing charitable work, from what you spend on stamps for a fundraiser, to the cost of ingredients for casseroles you make for the homeless, to the number of miles you drive your car for charity (at 14 cents a mile). Add such costs with your cash contributions when figuring your charitable contribution deduction.

Time your wedding. If you’re planning a wedding near year-end, put the romance aside for a moment to consider the tax consequences. The tax law still includes a “marriage penalty” that forces some pairs to pay more combined tax as a married couple than as singles. For others, tying the knot saves on taxes. Consider whether Uncle Sam would prefer a December or January ceremony. And, whether you have one job between you or two or more, revise withholding at work to reflect the tax bill you’ll owe as a couple.

Beware of Uncle Sam’s interest in your divorce. Watch the tax basis — that is, the value from which gains or losses will be determined when property is sold — when working toward an equitable property settlement. One $100,000 asset might be worth a lot more — or a lot less — than another, after the IRS gets its share. Remember: Alimony is deductible by the payer and taxable income to the recipient; a property settlement is neither deductible nor taxable.

The stork brings tax savings, too. A child born, or adopted, during the year is a blessed event for your tax return. An added dependency exemption will knock $3,650 off your taxable income, and you’ll probably qualify for the $1,000 child credit, too. You don’t have to wait until you file your 2010 return to reap the benefit. Add at least one extra withholding allowance to the W-4 form filed with your employer to cut tax withholding from your paycheck. That will immediately increase your take-home pay.

Tally adoption expenses. Thousands of dollars of expenses incurred in connection with adopting a child can be recouped via a tax credit, so it pays to keep careful records. In 2010, the credit can be as high as $12,170. If you adopt a special needs child, you get the maximum credit even if you spend less.

Save for college the tax-smart way. Stashing money in a custodial account can save on taxes. But it can also get you tied up with the expensive “kiddie tax” rules and gives full control of the cash to your child when he or she turns 18 or 21. Using a state-sponsored 529 college savings plan can make earnings completely tax free and lets you keep control over the money. If one child decides not to go to college, you can switch the account to another child or take it back.

Be aware of new rules for Coverdells. A former boon to parents and grandparents who wanted to use tax-free dollars to pay private-school tuition and other education-related costs for elementary and high-school students is about to get a lot less generous. You can contribute up to $2,000 to a Coverdell Education Savings Account for any beneficiary in 2010, but starting next year, that maximum contribution will be slashed to $500. You don’t get a deduction, but money you stash in a Coverdell grows tax-deferred and can be withdrawn tax-free to pay education bills. Beyond tuition and fees, you can use Coverdell money to pay for tutoring, books and supplies, uniforms and transportation. You can buy a computer for the whole family to use and pay for Internet access, too. But you better hurry. Starting in 2011 any earnings you withdraw from a Coverdell that are not used for college expenses will be taxable as ordinary income and subject to a 10% penalty. Consider rolling over the Coverdell money into a 529 savings plan next year. It’s a penalty-free move, as long as the accounts have the same beneficiary.

Use a Roth IRA to save for college. Sure, the “R” in IRA stands for retirement, but because you can withdraw contributions at any time tax- and penalty-free, the account can serve as a terrific tax-deferred college-savings plan. Say you and your spouse each stash $5,000 in a Roth starting the year a child is born. After 18 years, the dual Roths would hold about $375,000, assuming 8% annual growth. Up to $180,000 — the total of the contributions — can be withdrawn tax- and penalty-free and any part of the interest can be withdrawn penalty-free, too, to pay college bills.

Fund a Roth IRA for your child or grandchild. As soon as a child has income from a job — such as babysitting, a paper route, working retail — he or she can have an IRA. The child’s own money doesn’t have to be used to fund the account (fat chance that it would). Instead, a generous parent or grandparent can provide the funds, or perhaps match the child’s contributions dollar for dollar. Long-term, tax-free growth can be remarkable.

Use a Roth IRA to save for your first home. A Roth IRA can be a powerful tool when you’re saving for your first home. All contributions can come out of a Roth at any time, tax- and penalty-free. And, after the account has been opened for five years, up to $10,000 of earnings can be withdrawn tax- and penalty-free for the purchase of your first home. Say $5,000 goes into a Roth each year for five years for a total contribution of $25,000. Assuming the account earns an average of 8% a year, at the end of five years, the Roth would hold about $31,680 — all of which could be withdrawn tax- and penalty-free for a down payment.

Convert to a Roth IRA. Switching a traditional IRA to a Roth requires paying tax on the converted amount, but that can be a fabulous tax-saving investment because all future earnings inside the Roth can be tax free in retirement. (Withdrawals from traditional IRAs are taxed in your top tax bracket.) If you convert to a Roth in 2010, you have up to three years to pay the tax bill. Rather than reporting the income (and paying tax on the conversion) with your 2010 return, you can report half of the conversion on your 2011 return (due in 2012) and the remainder on your 2012 return (due in 2013).

Undo a Roth conversion gone bad. When you convert a traditional IRA to a Roth, you must pay tax on the amount you convert. But what if the investments in the new Roth IRA fall in value? You get a chance for a do-over. You have until October 15 of the year following the conversion to “unconvert” and avoid paying tax on the money that evaporated. You can then redo the conversion the following year.

Protect your heirs. Be sure beneficiary designations for your IRAs and 401(k)s are up to date. If your IRA goes to your estate rather an a designated beneficiary, unfavorable withdrawal rules could cost your heirs dearly.

Roll over an inherited 401(k). A recent change in the rules allows a beneficiary of a 401(k) plan to roll over the account into an IRA and stretch payouts (and the tax bill on them) over his or her lifetime. This can be a tremendous advantage over the old rules that generally required such accounts be cashed out, and all taxes paid, within five years. To qualify for this break, you must name a person or persons (not your estate) as your beneficiary. If your 401(k) goes through your estate, the old five-year rule applies.

Help your adult children earn a credit for retirement savings. The Retirement Savers Credit can be as much as $1,000, based on up to 50% of the first $2,000 contributed to an IRA or company retirement plan. It’s available only to low-income taxpayers, though, who are often the least able to afford such contributions. Parents can help, however, by giving an adult child (who cannot be claimed as a dependent and who is not a full-time student) the money to fund the retirement account contribution. The child not only saves on taxes, but also saves for his or her retirement.

The bank of mom and dad. If your adult children ask for a loan to help them buy a house or start a business, beware that Uncle Sam has something to say about the deal. If the kids want to borrow more than $10,000, you may be required to charge a minimum amount of interest. And if you don’t? You have to report the “phantom” interest as income anyway.

Deduct interest paid by mom and dad. Until recently, parents had a good reason not to help their kids pay off student loans. If the parents were not liable for the debt, then no one got to deduct the interest. Now, however, when parents pay it’s treated as if they gave the money to the real debtor who then paid off the loan. The child gets the tax deduction, as long as the parents can’t claim him or her as a dependent, even if he or she doesn’t itemize.

Make the most of the tax-free home sale profit. Up to $250,000 of home-sale profit is tax free ($500,000 if you are married and file a joint return) if you own and live in the house for two of the five years leading up to the sale. If you are bumping up on the limits, consider selling and buying a new home to start the tax-free clock ticking again. There is no limit on the number of times you can claim tax-free profit on the sale of a home.

Don’t underestimate the cost of home-equity debt. Generally, interest on up to $100,000 of debt secured by your home can be deducted, no matter what you use the money for. But if you are among the growing number of taxpayers subjected to the alternative minimum tax (AMT), home-equity debt is only deductible if the loan was used to buy or improve your home.

Second homes can offer a vacation from taxes. If you’re trying to figure whether you can afford a second home, remember that you’ll get some help from the IRS. Mortgage interest on a loan to buy a second home is deductible just as it is for the mortgage on your principal residence. Interest on up to $1.1 million of first- and second-home debt can be deducted. Property taxes can be written off, too. Things get more complicated — and perhaps more lucrative-if you rent out the place part of the year to help cover the bills.

Watch the calendar at your vacation home. If you hope to deduct losses attributable to renting the place during the year, be careful not to use the house too much yourself. As far as the IRS is concerned, “too much” is when personal use exceeds more than 14 days or more than 10% of the number of days the home is rented. Time you spend doing maintenance or repairs does not count as personal use, but time you let friends or relatives use the place for little or no rent does.

Stay actively involved in rental real estate. Generally, anti-tax-shelter legislation prevents losses from real estate investments from being deducted against other kinds of income. But, if you are actively involved in a rental activity, you can deduct up to $25,000 of such losses … if your adjusted gross income is less than $100,000. You don’t have to mow grass and unclog toilets to qualify as actively involved; but you should make sure you’re involved in setting rents and approving tenants and management firms.

Use a tax-free exchange to acquire new property. By trading one rental property for another, for example, you avoid the capital gains taxes you’d incur if you sold the first property … leaving you with more to invest in the second.

Use an installment sale of real estate to defer a tax bill. If the buyer pays you in installments, the IRS will let you pay the tax bill on your profit in installments, too. You must charge interest on the deal, and each payment you receive will have three parts: interest (taxable at your top rate), capital gain (taxed at a maximum of 15% in 2010) and return of your investment (tax-free).

Convert a vacation home to your principal residence. Until 2009, there was a sweet tax break for folks who sold their homes, claimed tax-free profit and then moved into a vacation property. After they lived in that home for two years, they could sell and claim tax-free profit again … including appreciation from the days the place was a vacation home. There can still be some real tax benefits to this strategy, but the value will fall over the years. Starting in 2009, a portion of any profit on the sale of a vacation-home-turned-principal-residence will not qualify as tax-free home-sale profit. The taxable portion will be based on the ratio of the time after 2008 the property was used as a vacation home to the total period of ownership. So if you have owned a vacation home for 18 years and make it your main residence in 2011 for two years before selling it, only 10% of the gain would be taxed. The rest qualifies for the exclusion of up to $500,000. Homes owned for a short time prior to a post-2008 conversion fare the worst tax wise.

Take advantage of tax-free rental income. You may not think of yourself as a landlord, but if you live in an area that hosts an event that draws a crowd (a Super Bowl, say, or the presidential inauguration), renting out your home temporarily could make you a bundle — tax-free — while getting you out of town when tourists overrun the place. A special provision in the law lets you rent a home for up to 14 days a year without having to report a dime of the money you receive as income.

Home buyer’s Bible. Be a packrat with paperwork. Some costs associated with buying a new home affect your “tax basis,” the amount from which you’ll figure your profit when you sell; others can be deducted in the year of the purchase, including any points you pay (or the seller pays for you) to get a mortgage and any property taxes paid by the seller in advance for time you actually own the home.

Home seller’s Bible. Costs associated with selling — from the real estate commission to points paid for a seller to property taxes paid in advance for time the buyer actually owns the home — all reduce your profit on the deal. Sure, most home-sale profit is tax-free these days, but keep track of big basis-boosting improvements in case you get close to the limit.

Pinpoint the “stepped-up” basis of property you inherit. In most cases, the tax basis of inherited property — that’s the value from which you will figure gain or loss when you sell — is “stepped up” to the value on the day the previous owner dies. Tax on all appreciation during his or her lifetime is forgiven. Although the estate tax and stepped-up rules on inherited property expired at the end of 2009, Kiplinger’s believes Congress will reinstate the $3.5 million estate tax exclusion and step-up rules retroactive to January 1, 2010. If you inherit assets in 2010, be sure you pinpoint your basis so you don’t overpay your tax later. Taxpayers who know about this break save billions of dollars each year.

Don’t buy a tax bill. Before you invest in a mutual fund near the end of the year, check to see when the fund will distribute dividends. On that day, the value of shares will fall by the amount paid out. Buy just before the payout and the dividend will effectively rebate part of your purchase price, but you’ll owe tax on the amount. Buy after the payout and you’ll get a lower price, and no tax bill.

Check the calendar before you sell. You must own an investment for more than one year for profit to qualify as a long-term gain and enjoy preferential tax rates. The “holding period” starts on the day after you buy a stock, mutual fund or other asset and ends on the day you sell it.

Keep a running tally of your basis. For assets you buy, your “tax basis” is basically how much you have invested. It’s the amount from which gain or loss is figured when you sell. If you use dividends to purchase additional shares, each purchase adds to your basis. If a stock splits or you receive a return-of-capital distribution, your basis changes. Only by carefully tracking your basis can you protect yourself from overpaying taxes on your profits when you sell.

Mine your portfolio for tax savings. Investors have significant control over their tax liability. As you near the end of the year, tote up gains and losses on sales to date and review your portfolio for paper gains and losses. If you have a net loss so far, you have an opportunity to take some profit tax free. Alternatively, a net profit on previous sales can be offset by realizing losses on sales before the end of the year. (This strategy applies only to assets held in taxable accounts, not tax-deferred retirement accounts such as IRAs or 401(k) plans).

Tell your broker which shares to sell. Doing so gives you more control over the tax consequences when you sell stock. If you fail to specifically identify the shares to be sold, the tax law’s FIFO (first-in-first-out) rule comes into play and the shares you’ve owned the longest (and perhaps the ones with the biggest gain) are considered to be sold. With mutual funds, an “average basis” can be used when determining gain or loss; but that alternative isn’t available for stocks.

Avoid the wash sale rule. If you sell a stock, bond or mutual fund for a loss and then buy back the identical security within 30 days, you can’t claim the loss on your tax return. The IRS considers the transaction a wash, since your economic situation really hasn’t changed. It’s easy to avoid being stung by the “wash sale” rule, though. Watch the calendar or, buy similar but not identical securities.

Ask your broker for a favor. The law allows investors to deduct a loss on a worthless security, but only if you can prove the stock is absolutely worthless. If you own stock you’re sure isn’t coming back, ask your broker to buy it from you for a nominal amount. You can then report the sale and claim your loss.

Think twice about selling stock for a profit if you’re subject to the AMT. Although long-term capital gains benefit from the same 15% maximum rate under both the regular tax rules and the alternative minimum tax, a capital gain can effectively cost more than 15% in AMT-land. The special AMT exemption is phased out as income rises so, for example, a $1,000 capital gain can wipe out $250 of the exemption, effectively exposing $1,250 to tax. That means your tax bill rises by more than $150 for that $1,000 gain.

Pay tax sooner rather than later on restricted stock. If you receive restricted stock as a fringe benefit, considering making what’s called an 83(b) election. That lets you pay tax immediately on the value of the stock rather than waiting until the restrictions disappear when the stock “vests.” Why pay tax sooner rather than later? Because you pay tax on the value at the time you get the stock, which could be far less than the value at the time it vests. Tax on any appreciation that occurs in between then qualifies for favorable capital gains treatment. Don’t dally: You only have 30 days after receiving the stock to make the election.

Minimize the bite of the “kiddie tax.” The rule that taxes a child’s income at the parents’ rate now covers children up to age 19, or up to age 24 if the child is a full-time student. You can minimize the damage by steering a child’s investments into tax-free municipal bonds or growth stocks that won’t be sold until the child turns 19, or 24 for full-time students.

Consider tax-free bonds. It’s easy to figure whether you’ll come out ahead with taxable or tax-free bonds. Simply divide the tax-free yield by 1 minus your federal tax bracket to find the “taxable-equivalent yield.” If you’re in the 33% bracket, your divisor would be 0.67 (1 – 0.33). So, a tax-free bond paying 5% would be worth as much to you as a taxable bond paying 7.46% (5 ÷ 0.67). A bond swap may pay off. It’s a fact of life: As market interest rates rise, bond values fall. If you have bond that have lost value, consider a bond swap. You sell your losers, cash in the tax loss and invest the proceeds in higher-yielding bonds to maintain your income stream.

Use Treasury bills to defer taxes. Interest on three- and six-month Treasury bills is taxed in the year it is paid. So, buying a T-bill that matures in 2011 means you don’t have to report the income until you file your 2011 return in 2012. Remember, Treasury interest is completely exempt from state or local taxes, too.

Death and taxes. Someone who is terminally ill may want to sell investments that show a paper loss. Otherwise, the “tax basis” of the property — the value from which the heir will figure gain or loss when he or she sells — will be “stepped-down” to date-of-death value, preventing anyone from claiming the loss. If you want to keep property, such as a vacation home, in the family, consider selling to a family member. You get no loss deduction, but it could save the buyer taxes later on.

Time claiming Social Security benefits. If you stop working, you can claim benefits as early as age 62. But note that each year you delay — until age 70 — promises higher benefits for the rest of your life. And, delaying benefits means postponing the time you’ll owe tax on them.

Dodge a 50% tax penalty. Taxpayers older than 70½ are required to take minimum withdrawals from their IRAs each year. Failing to do so, subjects them to one of the toughest penalties in the tax law: the IRS claims 50% of the amount that should have come out of the account. Your IRA sponsor can help pinpoint the amount of the required payout.

Keep careful records of the cost of medically necessary improvements. To the extent that such costs — for adding a wheelchair ramp, for example, lowering counters or widening a doorway or installing hand controls for a car — exceed any added value to your home or vehicle, that amount can be included in your deductible medical expenses.

Include travel expenses in medical deductions. In addition to the cost of getting to and from the doctor, you can deduct up to $50 a night for lodging if seeking medical care requires you to be away from home overnight. The $50 is per person, so if you travel with a sick child to get medical care, you can deduct $100 a day. As with other medical expenses, you get a tax benefit only to the extent your expenses exceed 7.5% of adjusted gross income.

Crank in the value of deducting long-term-care premiums. As you shop for long-term care insurance, remember that a portion of the cost is deductible. The older you are, the more you can write off. For employees, this is a medical expense which means it only saves money if your medical expenses exceed 7.5% of your adjusted gross income. If you’re self-employed, you avoid the 7.5% haircut and get this deduction even if you don’t itemize.

Double your family’s estate tax break. If yours is among the minority of families that has to worry about the federal estate tax, realize that planning ahead can save your heirs a fortune. A simple plan employing what’s called a “by-pass trust”, for example, can double from $3.5 million to $7 million the amount you can pass tax-free to the next generation. Although the estate tax and stepped-up rules on inherited property expired at the end of 2009, Kiplinger’s believes Congress will reinstate the $3.5 million estate tax exclusion and step-up rules retroactive to January 1, 2010

Give it away. Money you give away during your lifetime won’t be in your estate to be taxed at your death. That’s one reason there’s also a federal gift tax. The law allows you to give up to $13,000 to any number of people in 2010 without worrying about the gift tax. If your spouse agrees not to give anything to the same person, you can give $26,000 a year to each individual. If you have four married kids, for example, and you give $26,000 to all eight children and in-laws, you can shift $208,000 out of your estate gift-tax free each year.

Choose the right kind of business. Beyond choosing what business to go into, you also have to decide on the best form for your business: a sole proprietorship, a subchapter S corporation, a C-corp or a limited-liability company (LLC). Your choice will have a major impact on your taxes. Hire your children. If you have an unincorporated business, hiring your children can have real tax advantages. You can deduct what you pay them, thus shifting income from your tax bracket to theirs. Since wages are earned income, the “kiddie tax” does not apply. And, if the child is under age 18, he or she does not have to pay Social Security tax on the earnings. One more advantage: the earnings can serve as a basis for an IRA contribution.

Watch start-up costs. Generally, the costs of starting up a new business must be amortized, that is, deducted over years in the future. But you can deduct up to $5,000 of start-up costs in the year you incur them, when the tax savings could prove particularly helpful.

Avoid the hobby-loss rules. There’s a heads-the-IRS-wins-tails-you-lose rule if the IRS determines your activity is a hobby rather than a for-profit business. You still have to report any earnings as income, but there are restrictions on deducting expenses and you can’t deduct a loss. To avoid this problem, run your activity in a business-like manner, including having a separate bank account and having business cards printed.

Time receipt of self-employment income. Those who run their own businesses have a lot of flexibility at year-end. To push the receipt of income into the following year , delay mailing bills to clients until late in December that payment is received after December 31. Or, pay business expenses before January 1 to lock in deductions.

Don’t be afraid of home-office rules. If you use part of your home regularly and exclusively for your business, you can qualify to deduct as home-office expenses some costs that are otherwise considered personal expenses, including part of your utility bills, insurance premiums and home maintenance costs. Some home-business operators steer away from these breaks for fear of an audit. But if you deserve them, claim them.

Cut compensation, boost dividends. Principals in closely held businesses may want to shift part of their compensation from salary (which is taxed in their top bracket) to dividends (which is taxed at a maximum 15% rate). This can pay off if the corporation is in a low tax bracket, so the loss of the deduction for dividends paid is more than offset by the owner’s savings.

Stash cash in a self-employed retirement account. If you have your own business, you have several choices of tax-favored retirement accounts, including Simplified Employee Pensions (SEPs) and individual 401(k)s. Contributions cut your tax bill now while earnings grow tax-deferred for your retirement.

Pay estimated taxes … or not. If you receive significant income not subject to withholding — from self-employment or investments, for example — you probably need to make quarterly estimated tax payments to avoid an IRS penalty. But, if withholding will equal 100% of your 2009 income tax bill (or 110% if your income was over $150,000), you don’t need to make estimated payments … no matter how much extra income you make in 2010.

Take Uncle Sam shopping for your new business vehicle. It may not be the greenest of strategies, but if you need a new vehicle for your business, realize that Congress offers special tax incentives if you buy a heavy sports-utility vehicle or a pick-up. While the first-year write-off for most business cars is limited to around $12,000, you can “expense” much more if you buy a heavy SUV or pick-up truck for your business.

Buy a hybrid, take Uncle Sam for a ride. You can drive away with a tax credit if you buy a gasoline/electric hybrid or qualifying clean diesel vehicle in 2010. The size of the credit depends on how fuel-stingy your new car is, but the tax savings can range from several hundred to over $3,000. See what vehicles are still eligible here.

Posted by JK Harris


Form 9465 – Installment Agreement Request

June 21, 2010

Written By: Vickie Richardson

Rather than contacting the IRS directly by phone, Form 9465 can be used to request a monthly installment payment plan if the taxpayer finds that they are unable to fully pay the amount listed on their tax return or on a notice issued by the IRS. Form 9465 can be submitted within 120 days of the tax return being filed.

Generally, the payment terms of the installment agreement are designed to fully pay the outstanding tax liability within 60 months or less. There are two “types” of agreements that fall into this category – Guaranteed Installment Agreement and Streamline Installment Agreement.

The Guaranteed Installment Agreement is used when the tax owed by the taxpayer is $10,000 or less and the following conditions are met:
• During the previous 5 tax years the taxpayer (and spouse if filing joint returns) have filed all income tax returns on time, paid any income tax due and have not previously entered into an Installment Agreement for the payment of outstanding income tax.
• The IRS determines that the taxpayer cannot pay the tax owed in full at the time it is due and the taxpayer must provide the IRS with the information needed to make that determination.
• The taxpayer agrees to fully pay the outstanding tax liability within 3 years and agrees to comply with all tax laws while the agreement is in effect.

The Streamline Installment Agreement is used when the tax owed by the taxpayer is $25,000 or less and the following conditions are met:
• During the previous 5 tax years the taxpayer (and spouse if filing joint returns) have filed all income tax returns on time, paid any income tax due and have not previously entered into an installment agreement for the payment of outstanding income tax.
• The IRS determines that the taxpayer cannot pay the tax owed in full at the time it is due and the taxpayer must provide the IRS with the information needed to make that determination.
• The taxpayer agrees to fully pay the outstanding tax liability within 5 years and agrees to comply with all tax laws while the agreement is in effect.

To complete the Form 9465, the taxpayer provides the following information
• Their name and their spouse’s name (if the filing status on the return is Married Filing Jointly)
• Their SSN and, if applicable, their spouse’s SSN
• Complete mailing address
• Home telephone number and best time to call
• Work telephone number and best time to call
• Bank name and mailing address
• Employer’s name and mailing address
• The total amount owed as shown on the tax return or IRS notice(s)
• The amount, if any, of the payment being submitted with the tax return or IRS notice(s)
• The monthly payment amount being requested.
• The day the taxpayer is choosing as the due date of the monthly payment. All dates between the 1st and the 28th are available to choose from.

The taxpayer should be made aware that the outstanding liability will continue to accrue interest and some penalties and should determine the monthly payment amount with this in mind.

The taxpayer can then choose to make their monthly payments via one of several payment options:
• Electronic funds withdrawal from their checking account
• Payroll deduction
• Check or money order mailed at least 7 to 10 days before the payment due date

Once Form 9465 has been submitted, the IRS usually will contact the taxpayer within 30 days to advise as to whether or not the request has been approved or denied. If the request has been approved, the IRS will then issue a notice detailing the terms of the agreement and requesting a fee of $105 ($52 if payments are to be made via electronic funds withdrawal). However, a taxpayer may qualify for a reduced fee of $43 if their income is below a certain level. The IRS will advise the taxpayer as to whether or not they qualify for the reduced fee.

Finally, the taxpayer should be made aware that if the agreed upon payments are not made on time, or if a later return is filed without the indicated tax balance being paid in full, the taxpayer will be in default on their agreement. Once the agreement has been defaulted upon, the IRS could, and may, take enforcement actions such as issuing a Notice of Levy to the taxpayer’s employer or bank.


Form 433B, Collection Information Statement for Businesses

June 18, 2010

In the second in our series of blogs on IRS forms, Kelly Scott, a Licensed Taxpayer Representative with JK Harris explains what a Form 433B is. This is not a letter or form you would receive from the IRS, but a form that will be used in the resolution of a tax liability.
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By: Kelly Scott, EA

Form 433B, Collection Information Statement for Businesses, is generally used during the resolution of business income or withholding tax liabilities. The purpose of the form is to provide the Internal Revenue Service with a “snapshot” of the business’ financial condition. With the exception of Sole Proprietorships or single-member LLCs, all businesses must complete this form in order to request an Installment Agreement, Uncollectible Status, or Offer in Compromise from the IRS. The form includes sections for monthly business income and expenses, and all business assets and liabilities. In lieu of a Form 433B, some IRS agents will accept a profit and loss statement and balance sheet, as the information is similar.


Form 433A, Collection Information Statement for Wage Earners and Self Employed Individuals

June 17, 2010

To better serve our clients, we will begin a series on the various forms the IRS uses in the process of both collection and tax resolution. This blog – the first in the series – is on the Form 433A. This is a commonly used form at JK Harris since the IRS uses it to collect financial information from the taxpayer to determine their ability to pay their back tax debt.
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By Charles Infinger, Enrolled Agent

Form 433A is used to obtain and record current financial information necessary for determining how a wage earner or self-employed individual can satisfy an outstanding federal tax liability. The 433A is used to determine the taxpayer’s Reasonable Collection Potential (RCP). The RCP is the amount of equity in assets and future income potential that a taxpayer has.

The IRS uses the information from this form to determine the most appropriate resolution for a tax debt, whether it be full payment of the debt, a monthly payment arrangement (Installment Agreement), an Offer-in-Compromise, or placing the account into a Currently Not Collectible status. The form provides the taxpayers’ monthly income and expenses. This information is used to determine if there is disposable income that can be paid toward the tax debt. The form also provides information about taxpayers’ assets (real estate, vehicles, bank accounts, investments, retirement accounts, and business assets) and any equity from those assets that can be accessed to pay toward the tax debt. This form must be completed and signed by the applicable taxpayer(s) before being submitted to the IRS.


Be Aware – IRS Lists 2010 “Dirty Dozen” Tax Scams

June 11, 2010

(Information taken from IRS release number IR-2010-032)

Periodically, the IRS releases its “Dirty Dozen” scams for taxpayers to be aware of – this year’s list includes phishing, tax return preparer fraud and hiding income offshore. These types of tax scams are illegal and generally lead to fines and/or imprisonment for the scam artist. What you may not be aware of is that the taxpayer can be held liable as well. If a taxpayer is fooled into one of these schemes, he or she will have to pay any unpaid taxes, interest, and penalties.

The IRS warns all taxpayers to watch out for the following schemes and scams:

* Return preparer fraud – Not all tax preparers are honest. There are preparers who pad tax returns, overcharge for services and promise large tax refunds in order to attract new clients. Taxpayers must choose their return preparers carefully. The IRS is increasing its vigilance against dishonest preparers by having all tax preparers register with the IRS and obtain a preparer tax identification number (PTIN) as well as having them take competency tests. Continuing education will also be added to the requirements for tax preparers, except for attorneys, CPAs and enrolled agents (who already have their own criteria for education to meet each year).

* Hiding Income Offshore – Hiding of offshore income was highlighted in the news in 2009, in part due to the amnesty program the IRS offered to those who had been hiding assets offshore. The IRS aggressively pursues anyone involved in offshore transactions intended to hide income offshore.

* Phishing – This tactic is used by scammers to try to trick unsuspecting taxpayers into sending personal or financial information through email or other online means. These scammers have used emails, tweets (via Twitter) or phony websites to attempt to get this sensitive information from taxpayers.

* Filing false or misleading forms – The IRS is seeing a rise in the number of filers filing forms and seeking refunds for credits they are not entitled to.

* Nontaxable Social Security Benefits with Exaggerated Withholding Credit – The IRS is seeing a trend in filers reporting nontaxable Social Security benefits with excessive withholding. The scammer then lists no income on the tax return. Taxpayers should avoid making this mistake as it could cost them a $5,000 penalty.

* Abuse of Charitable Organizations and Deductions – Abuse or misuse of tax-exempt organizations continues to be a problem. Abuses include shield income and assets from taxation and attempts by donors to maintain control over donated goods and property.

* Frivolous Arguments – Scammers promote frivolous tax arguments to encourage taxpayers to make ridiculous claims to avoid paying the taxes they owe. Just remember, what seems too good to be true, often is. The IRS maintains a list of frivolous legal positions tax protesters have tried to use – all false and all have been thrown out of court.

* Abusive Retirement Plans – Be aware of any financial adviser who advises any transaction that skirts the limits on IRA contributions. Other problems include advisers who encourage investors to shift appreciated assets at less than fair market value into IRAs to circumvent the annual contribution limits.

* Disguised Corporate Ownership – Some corporations have been formed for the purpose of disguising ownership of the business or financial activity. These entities are then used for underreporting income, filing fictitious deductions, non-filing of tax returns, money laundering, financial crimes and even for terrorist financing. The IRS is working closely with state authorities to identify these entities and bring them to justice.

* Zero Wages – Filing phony wage related information or submitting a “corrected” W-2 with lowered wages is one way scammers have attempted to reduce taxable income to zero.

* Misuse of Trusts – One scam that has been going on for years is the misuse of trusts. Corrupt promoters have told taxpayers to transfer assets into trusts, promising reduction of the amount of income subject to tax, deductions for personal expenses, and reduced estate and gift taxes.

* Fuel Tax Credit Scams – The IRS has seen an upswing in excessive deductions for the fuel tax credit. Taxpayers are claiming the credit when the credit does not apply to them. Fraud involving this credit is also subject to the $5,000 penalty for a frivolous tax claim.

Do you suspect someone of committing tax fraud? The IRS offers a Whistleblower’s reward. More information is available on the IRS’ website or in Notice 2008-4. Don’t be caught off guard. If your tax preparer sounds too good to be true, chances are they might be.


Make a mistake on your tax return? It’s not too late to fix it!

June 7, 2010

By now, the April 15th filing deadline is just a distant memory. Your taxes have been filed, paid or you have received a refund from the IRS. But wait – you just discovered you made a mistake on your tax return. What should you do now?

Depending on the type of mistake you made, the answer to that question will be different.

According to the IRS, if you made any mathematical errors, they will be caught in the processing of your tax return. If you left off a required schedule that should have been attached, the IRS will contact you (via postal mail) and request the missing information from you. If however, you realized you did not report all of your income, you neglected to claim a credit you were entitled to, etc., you will need to file an amended federal return, otherwise known as a Form 1040X.

When you file the 1040X, be sure to include any schedules you may have changed, or any W-2s you did not include with the original return. To claim a refund, the IRS gives you three years after the date of the original return filed, or within two years of the date you paid the taxes owed, whichever is later. Take note, processing of 1040X forms takes 8 to 12 weeks – longer than the processing time of the 1040.

Detailed instructions for the Form 1040X are available on the IRS website.


The “What ifs” of an economic downturn

June 1, 2010

The unemployment rate remains high and there is no telling when most people will rebound from the economic downturn. It goes without saying that taxpayers across the country are facing financial hardship. Many people are turning to their IRAs to access cash or selling their homes at a loss to get out from under their mortgage payment. What many people do not realize is there are tax implications for these situations. The following questions and answers from the IRS’ website may help you with your current situation. And remember, I am happy to answer your tax resolution questions on the Q&A page of our blog.

What if I can’t pay my taxes?

Don’t panic. If you cannot pay the full amount of taxes you owe, you should still file your return by the deadline and pay as much as you can to avoid penalties and interest. You also should contact the IRS to discuss your payment options at 1-800-829-1040. The agency may be able to provide some relief such as a short-term extension to pay, an installment agreement or an Offer in Compromise. In some cases, the agency may be able to waive penalties. However, the agency is unable to waive interest charges which accrue on unpaid tax bills. For more information, see The Collection Process and Tax Payment Options. The Form 1040 Instructions also provide guidance on filing and paying your taxes.

What if I withdraw money from my IRA?

Generally, early withdrawal from an Individual Retirement Account (IRA) prior to age 59½ is subject to being included in gross income plus a 10 percent additional tax penalty. There are exceptions to the 10 percent penalty, such as using IRA funds to pay your medical insurance premium after a job loss. For more information, see Publication 590, Individual Retirement Accounts.

What if I sell my home for a loss?

Losses from the sale of personal–use property, such as your home or car, are not deductible. It is not eligible for the capital gains loss of up to $3,000 annually. For more information, see Publication 523, Selling Your Home.

What if I can’t pay my Installment Agreement?

You have several options available if your ability to pay has changed and you are unable to make payments on your installment agreement or your offer in compromise agreement with the IRS. Call the IRS immediately at 1-800-829-1040. Options could include reducing the monthly payment to reflect your current financial condition. You may be asked to provide proof of changes in your financial situation so have that information available when you call.

What if a levy on my wages is causing a hardship?

Contact the IRS at the telephone number on the levy or correspondence immediately and explain your financial situation. Service is available from 8 a.m. to 8 p.m. local time, Monday through Friday. If the levy is creating an immediate economic hardship, the levy may be released. A levy release does not mean you are exempt from paying the balance. The IRS will work with you to establish payment plans or take other steps to help you pay off the balance. To help ensure quick action, please have the fax number available for the bank or employer office that is processing the levy. For more information, see Levy.

What if I can’t resolve my tax problem with the IRS?

Contact the Taxpayer Advocate Service (TAS). TAS is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should.

You can contact TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059 to determine whether you are eligible for assistance. You can also call or write to your local taxpayer advocate, whose phone number and address are listed in your local telephone directory and in Publication 1546, Taxpayer Advocate Service – Your Voice at the IRS. You can file Form 911, Request For Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order), or ask an IRS employee to complete it on your behalf. For more information, go to http://www.irs.gov/advocate.


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