Think you have back tax debt? Day trader nailed with $172 million bill for back taxes

From The New York Daily News

Marcos Esparza Bofill was shocked to find out he owed over $172 million in back tax debt. Esparza Bofill moved to New York i from Spain in 2006 when he decided he wanted to try his hand at day-trading. After one year – and barely surviving on a “beer budget” and no profit – he decided to go back home to Spain.

Esparza did not know he was required to file a tax return during the year he was swapping stocks. But, the IRS was tracking his every move – and they assumed that Esparza made pure profit on his day trading transactions. This would have given Esparza Bofill a whopping $500 million in income.

“Who is the IRS?” Esparza was said to have asked of his American friends. One friend commented that Esparza thought he was kidding when he told him the IRS had hit him with a $172 million dollar tax bill.

Marc Albaum, a Manhattan CPA points out that the tax lien will probably be completely resolved when Esparza Bofill files his tax return for the year in question.

“When you do not file a return, the IRS assumes you made pure profit,” said Albaum. “Now the remedy here is simply to file (a tax return). He could wipe out anything he owes.”

JK Harris helps end back tax debt for client in Tennessee

Recently a client from Tennessee came to us with a burden she could no longer bear. She and her former spouse had taken out a distribution from their life insurance policy to help pay their living expenses. What they didn’t realize was that one move bumped them up into a higher tax bracket. This in turn triggered a tax liability for the year that they were unable to pay.

Our client tried making arrangements with the IRS and set up an installment payment plan. She tried to repay her debt in full, but she just didn’t make enough money. Now a single mom, she didn’t have the means to repay the tax debt she had incurred. Then, she came to JK Harris.

Our tax team analyzed her financial situation and determined she was a candidate for an Offer in Compromise. We prepared the Offer package and after several months of waiting to hear back from the IRS, when we did – the news was good. Ms. Capps had her offer in compromise accepted at a fraction of what she owed.

“I am very thankful to you,” Ms. Capps said in the letter she wrote to her case specialist.

We were glad to help – and wish you all the best in the future!

Honest Dialogue

by Teresa Rotell, Tax Consultant, JK Harris

This story actually happened about ten years ago, but I share it due to the uniqueness of the client’s situation.

John, 67 years old, came into my office in Ohio. He had come in with his daughter, Sherri, who was in her 40’s. He looked very heartbroken (and so did she) and I could not figure this out since he had just won the lottery the year before…for $300k. It was on a scratch-off ticket of all things. I had never seen this big of a winner…ever! At least not in person. He was upset because he had spent all of his winnings. He had given most of his money away… burying his wife of 44 years, helping his 3 daughters out of debt, and paying off some debt that he and his late wife had incurred.

After doing what most people would (paying oneself out of debt) he found himself in a bad situation with the IRS. His initial taxes were taken out when he received the proceeds from the winning ticket, but he never counted the 300k as ordinary income on his tax return for that year – leaving him with a large tax liability…I don’t recall exactly what his tax debt was, was but it was hefty. Like most, he thought all of the tax was taken out when he received his winnings.

JK Harris was able to settle the debt…for much less than I ever anticipated. I just think this is a great story because this can happen to anyone…not necessarily to win the lottery…but I think any of us can not realize that somethings must be counted as ordinary income. It was an honest mistake on John’s part. I was just glad I was able to help!

Honest Dialogue

by Ike Nobel, JK Harris Tax Consultant

I had a gentleman visit my office few weeks ago who had returned to JK Harris to contract for our tax resolution services. He met with me about a year ago, but at that time, had opted to try to handle his tax problem on his own. Time passed…fast forward to our meeting a few weeks ago. The gentleman returned to my office after having spent much time trying to handle his tax issue with the IRS on his own – until finally , he reached frustrated, he reached his boiling point and realized it was time to revisit with me to get help through JK Harris.

During the appointment, the client presented me 42 letters he recently received from an IRS office in Oklahoma. He also expressed that his recent contact from the IRS included a visit from an IRS agent to his home in New Jersey, letters from an IRS office in Kansas City regarding a defaulted arrangement, phone calls from an IRS office in Seattle, requests to send documents to the IRS in Fresno, California, and additional requests to forward payments to Andover, MA. He felt completely overwhelmed, until he contracted with JK Harris to help him.

Note: Since this client has just recently contracted with JK Harris, we will post the outcome of his case when his case comes to a close.

National Taxpayer Advocate releases annual report to Congress

Last week, National Taxpayer Advocate Nina Olson released her annual report to Congress detailing the need for reform within certain parts of the IRS. Again this year, Ms. Olson has listed the need for tax reform as the number one priority for the IRS. She expressed concern over the IRS’ continued use of tax liens and the lack of alternative collections methods.

Ms. Olson’s report stated more than 1.1 million taxpayers had tax liens filed against them by the IRS in Fiscal Year 2010. Tax liens can be financially devastating to a taxpayer since the lien shows up on their credit report and will linger for seven years after the tax liability is paid. Once a taxpayer has a tax lien on their credit report, it can affect their ability to gain housing (owned or rented), employment, and can affect their ability to get affordable loans and insurance.

In the industry, we have seen an increased number of tax liens being filed and Ms. Olson’s report confirmed it. The NTA report states that tax lien filings have increased 550 percent in the past ten years.

You can view the JK Harris official press release on this issue at Expert Click.

Things to keep in mind when choosing a tax preparer

The IRS sent out its list today of what to look for when choosing a tax preparer. Remember, it is important to choose carefully when you decide to have your returns prepared by a professional. JK Harris offers tax preparation in conjunction with our tax representation services, small business services or as a stand alone service.

If you pay someone to prepare your tax return, the IRS urges you to choose that preparer wisely. Taxpayers are legally responsible for what’s on their tax return even if it is prepared by someone else. So, it is important to choose carefully when hiring an individual or firm to prepare your return. Most return preparers are professional, honest and provide excellent service to their clients.

Here are a few points to keep in mind when choosing someone else to prepare your return:

1. Ask if the preparer is affiliated with a professional organization that provides its members with continuing education and resources and holds them to a code of ethics.New regulations require all paid tax return preparers including attorneys, CPAs and enrolled agents to apply for a Preparer Tax Identification Number — even if they already have one — before preparing any federal tax returns in 2011.

2. Check on the preparer’s history. Check to see if the preparer has a questionable history with the Better Business Bureau and check for any disciplinary actions and licensure status through the state boards of accountancy for certified public accountants; the state bar associations for attorneys; and the IRS Office of Professional Responsibility for enrolled agents.

3. Find out about their service fees. Avoid preparers who base their fee on a percentage of your refund or those who claim they can obtain larger refunds than other preparers.

4. Make sure the tax preparer is accessible. Make sure you will be able to contact the tax preparer after the return has been filed, even after the April due date, in case questions arise.

5. Provide all records and receipts needed to prepare your return. Most reputable preparers will request to see your records and receipts and will ask you multiple questions to determine your total income and your qualifications for expenses, deductions and other items.

6. Never sign a blank return. Avoid tax preparers that ask you to sign a blank tax form.

7. Review the entire return before signing it. Before you sign your tax return, review it and ask questions. Make sure you understand everything and are comfortable with the accuracy of the return before you sign it.

8. Make sure the preparer signs the form and includes their PTIN. A paid preparer must sign the return and include their PTIN as required by law. Although the preparer signs the return, you are responsible for the accuracy of every item on your return.The preparer must also give you a copy of the return.

New tax act retains some education benefits

According to a recent article on The Street by Joe Mont, the recently passed Tax Act included extensions of the Coverdale IRA, the American Opportunity Tax Credit and the Lifetime Learning Credit. If you are planning to go back to school, take advantage of these credits in 2011.

Read the whole article on The Street.

Notice CP03A – First Time Homebuyers may be surprised to find repayment due

by Bryan Miller, Tax Analyst

Taxpayers who took advantage of the IRS First Time Homebuyer Credit between April 8th, 2008 and May 1st, 2010 are not all the same. The credit aided individuals and couples who purchased a first home as a primary residence, and was initially meant as temporary stimulus for the economy. As time progressed, the credit changed and was treated very differently in tax years 2009 and 2010. Unfortunately, these subsequent changes did not grandfather in those taxpayers that took the credit in 2008 as many surprised taxpayers may find this year; however, for those who purchased a home in 2008 and have not taken the credit, you still have options. The breakdown is as follows:

Those who purchased a home between April 8th and December 31st, 2008 and took the credit on their 2008 tax return had the stipulation of a 15-year payback requirement beginning this year on the 2010 tax return. In essence, the credit took the form of an interest-free loan in the amount of $7,500.00. Beginning on the 2010 return, adding an additional tax of $500 to each return using Form 5405 for 15 years will pay the credit back until 2025.

For homes purchased and closed between January 1st 2009 and November 7th 2009, the credit increased to a maximum of $8,000.00 and did not need to be repaid. This version of the credit only applied to new homeowners who had not owned a home in the prior three years. After November 7th 2009 and through May 1st 2010, the credit included both the $8,000.00 as applied to 2009 buyers, as well as a new version to include long-time residents (current homeowners as opposed to homebuyers) up to a maximum of $6,500.00. This variation did not have to be repaid either.

Note: The 2009 and 2010 credits had a conditional versus mandatory repayment mandate. The credits would have to be repaid if the qualifications of the program changed. The home had to be a first time purchase, as defined above, and resided in (not sold) by the buyer for the next three years.

Fortunately, if you are a 2008 homebuyer and candidate for the credit, yet have not claimed the credit, you may amend your return to claim the credit using Form 1040X with the December 2009 or 2010 Form 5405. Certain additional documentation may be required when filing a claim for the credit with your 2009 or 2010 return or amended return.

There are exceptions to the 2008 repayment rule. Exceptions may apply to individuals who claimed the credit in 2008 and are now deceased, those who sold the home without realizing a gain to a non-related party (including foreclosure), or those whose home was condemned or destroyed. Also, if a spouse dies after claiming the credit on a joint return in 2008, the obligation becomes only 50%, or $250.00 per year for 15 years, for the surviving spouse. See First-Time Homebuyer Credit Questions and Answers: Claiming the Credit on Your Tax Return or First-Time Homebuyer Credit questions and Answers: Basic Information for further details.

Tax resolution blog adds new feature

by Gina Anton, Director of Corporate Communications

Happy 2011! In the spirit of the New Year and a fresh new start, I would like to introduce a new feature on our tax resolution blog – Honest Dialogue: Stories from our Tax Consultants. Honest Dialogue will feature information from our consultants on what the most common tax issues they see are, the most frequently asked questions they get and stories from the field – situations they’ve seen where we have been able to help our clients with their back tax problem.

Our tax consultants are the second person to speak with our clients (second only to speaking with one of our appointment setters for their appointment), before the actual work begins on our clients’ cases. Often, our consultants are counselor, confidante and friend to their clients who have been burdened with their back tax liability for quite some time. Our consultants are very familiar with the tax issues our clients deal with and are familiar with the fear the client faces of the IRS and its tactics.

In the first installment later this week, one of our consultants, Antonia Martin, will tell us what the top five questions about tax resolution she gets from her clients are and how she answers those questions.

If you have a tax question you would like JK Harris to answer, please submit it to us here or via email at jkharris@jkharris.com.

Happy New Year!

Have I Missed Any Deductions or Credits? Year End Review: Being Prepared for Tax Season

by Bryan Miller, Senior Tax Analyst

The American Recovery and Reinvestment Act (ARRA) of 2009 put into place many deductions for the individual taxpayer that should be taken advantage of prior to the end of year 2010. This is part of an overall plan by our government to strengthen and rebuild the economy, but it translates into lower taxable income for you. Some of the benefits may be obvious if you participated in a program to receive a specific tax benefit, but some of the credits and deductions are not as obvious. This is part of an overall plan by our government to strengthen and rebuild the economy. To ensure you have planned and positioned yourself for the best available deductions and credits, here is a rundown checklist:

Homebuyer Credit One of the more obvious deductions, but you should remember the date was pushed back this year. If you purchased and closed on your home by September 30, 2010, you may be eligible for up to an $8,000.00 tax credit. The home must be your primary residence, and the have rules changed for each tax year since 2008, in case you are filing or amending any of your past 3 years returns. Documentation requirements apply for any year, and you will need to file a paper return rather than e-file along with Form 5405.
See http://www.irs.gov/newsroom/article/0,,id=204671,00.html for all the details.

COBRA Individuals who involuntarily lost their jobs between September 1st, 2008 and May 31st, 2010 may be able to reduce the cost of COBRA health insurance premiums.

Energy Star Credits 30% of the cost of qualified Energy Star products may be taken as a tax credit up to $1,500.00. For example, if you purchased and installed a qualifying Energy Star product by December 31st, 2010 that costs $5,000.00, you may receive the full $1,500.00 credit ($5000 x .30% = $1500) on your return! Not all Energy Star products qualify. The credit applies mainly to HVAC, insulation, roofing, heating and cooling systems, windows and doors, as well as some appliances and alternative energy systems. See the Energy Star website for a full list and description.

Earned Income Tax Credit This credit has been a staple for many households to help make ends meet, and is bigger for tax year 2010. Also, more families will qualify for the Additional Child Tax Credit since earned income is set at only $3,000.00. The minimum earned income was slated to be $12,550.00 before the American Recovery and Reinvestment Act (ARRA), but was subsequently lowered. This credit may apply even if no tax is due – which would result in a refund for the taxpayer. See the IRS website or your tax professional for advice on this additional child tax credit.

Making Work Pay Tax Credit What was meant to be a blessing has for some turned out to be a curse. This credit allowed taxpayers to take more pay home out of their checks by adjusting the tax withholding downward. You won’t need to adjust this yourself; Uncle Sam took care of this for you. There are some people who may find themselves negatively affected by this credit. Some taxpayers may find out they did not have enough income tax withheld. This may result in a smaller refund, or they may owe this coming tax season. Taxpayers who may have been affected include: married couples with two incomes, individuals with multiple jobs, social security beneficiaries who work, dependents, undocumented workers and pensioners. You can check your 2010 withholding and adjust it accordingly using the IRS withholding calculator.

$250 for Social Security Recipients, Veterans and Railroad Retirees – Call 1-866-234-2942 and select option #1, or visit Did I receive a 2009 Economic Recovery Payment?

Unemployment Benefits – The first $2,400.00 of unemployment benefits will be excluded from income in tax year 2010. Be sure to check your withholding.

Money Back for New Vehicles and Increased Transportation Subsidy - These are leftovers from 2009 purchases of certain vehicles, or an increase of employer-provided commuter highway vehicle benefits for mileage and parking. See page 2 of Publication 15-T for more details.

Be sure to check for any carryover items from previous tax years that may benefit you in this tax year. And for a more broad scope of how the IRS is utilizing your money to recover the economy on both a national and local level, visit http://www.whitehouse.gov/recovery or http://www.recovery.gov/Pages/default.aspx.