Tag Archives: Internal Revenue Service

Has Hell Frozen Over?

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A new day may be dawning.  Or not.

Most of you know that I work with a slew of folks and companies to help them pay the lowest amount of taxes required by law. No cheating, no subterfuge- just availing themselves of all the laws that afford folks to pay their taxes- but only the amount they owe, not some number that is afforded by plugging in numbers to TurboTax, H&R Block, TaxAct, etc.

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The Bill of Rights?

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Most of you know that I am (among many other professions and trainings) an Enrolled Agent.  That means that I have passed muster with the IRS (after a multi-day exam and copious CEU’s to stay current) to handle taxes and finances for any entity subject to the IRS rules and regulations.    As such, I interface with the various offices of the IRS at least once a week – and often more than once a day.

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A lesson on “how not to”….

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Most of you know that I routinely interface with the IRS (Internal Revenue Service). That effort is taxing my clients double or triple- because the IRS is keeping me on hold for 20, 30, 40, and 60 minutes routinely. Thankfully, there is a purported dedicated line for tax professionals, but even that outlet is being decimated.   So, those waits ensue- and my clients are billed unnecessarily. Moreover, the IRS was never responsible for the advice they gave taxpayers over the phone- but now the quality of this advice is worse than ever.

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Toot-toot!

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Many of you know that we provide accounting services, as part of our offerings. That also includes tax planning and preparation. Yes, we believe that everyone has the right to pay the lowest amount of taxes required by law. (No, we don’t believe that gains that private equity firms obtain are “carried interest”, but we don’t make the law, either. Lobbyists do. [Don’t believe for one minute that the American Legislative Exchange Council (ALEC) doesn’t write the bulk of the laws of the states and our Federal government enact. If that were true, those state laws enacted recently would not have such identical verbiage.]) We also work with a few law firms, serving as business advisors and financial managers. One of which is a family law firm. It’s not very unusual for family law clients to want to turn their soon-to-be ex-spouses into the IRS. Another such client specializes in business and employee law, who also have folks who want to turn in various companies for tax fraud. All of this is becoming even more pronounced as folks have  found that Bradley Birkenfeld was provided a $ 104 million windfall for turning in his employer, UBS. And, Mr. B is a convicted felon for refusing to divulge information demanded by the IRS about that same fraud! Most folks had no idea that in 2006 the award structure was changed to afford “tattletales” or “whistleblowers” up to 30% of the collected taxes as an award. (It did take the US Tax Court to impose upon the IRS to follow this law. But, that’s another story.) Form 211, IRS What does it take? Form 211. And, you need the 411 to fill it out. Because if there is not a lucid narrative, legal evidence, and a memorandum of law accompanying the filing, the odds are you will get nothing and your claim will go nowhere. (The IRS is NOT going to do any hard work for you. It’s your potential award.) And, don’t try to include stolen information or attorney-client (or legal tax representative-client) communciations- they are inadmissible. As you can surmise from Mr. B’s award, the claimant does not have to be ‘Mr. Goody Two Shoes’.  But, you can’t be among those who plannned or initiated the fraud, either! It’s also  not a get rich quick scheme. The average time for prosecution and collection of a whistleblower claim can be four years; seven years is not out of the question. Oh… one more very important fact. The award you receive is taxable, subject to withholding by the IRS. However, the fees you pay to a firm like ours to help your prepare the submission are fully deductible- above the line, so your tax is on the net award, not the total award. Happy hunting!Roy A. Ackerman, Ph.D., E.A. Continue reading Toot-toot!

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What records should I keep to stay legal?

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Whether you’ve just started your business or been going strong (one would hope) for a while, we all need to keep certain records.  We need some documentation to figure out how our business is proceeding- and we need others (more?) just to satisfy the local/state/regional/national tax authorities.

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Gut feeling?

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Most of you know I consider myself a chemical engineer first.  Oh, I’ve got lots of other hats- but I approach almost every problem using my chemical engineering training.  Which is why I use Bayesian statistics to make decisions.  Don’t panic- it is scientific, but, at least its veneer is simple to comprehend- it is basically normal logic. It works for scientific analysis, project management, even for vacation planning.

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It’s not the ides of April this year

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Well, if you own a business (C corporation, S corporation, LLC operating as an S), then your corporate tax return should already have been filed.  The rest of you have until the 17th of April (only this year) to file.  And, there are two new IRS provisions that may make your file submission a little easier. Form 1040 (Income Tax) Many of you do not understand that an unincorporated business have a hidden provision that causes you to have a big tax bill.  It’s easier to explain this with a simple example.  Paul Naïve has a wife and two kids.  Paul runs a business that grossed $ 50K  and had expenses of $ 30K, leaving him with $ 20K profit.  His wife works for SmallCo, making $20K, and claims 0 dependents on her paycheck.  (Paul and his wife are sure that this choice, which takes out the most taxes, will save them from a big IRS bill at the end of the year.)   They know that, given the income taxes on $ 40K of income, with their four dependents ,  her withholding tax will cover their entire income tax. The answer is that’s correct- but the wrong consideration.  You see, Paul is self-employed, and his $ 20K of net profit is also subject to social security and medicare taxes- to the tune of almost $ 2500.  Meaning that the Naïve’s will still owe about $ 2500 in taxes to the IRS.   And, they don’t have it.  (Paul should have come to us in January and September- at the least- to help him with his tax planning, and maybe even make some changes in his operations to keep more of his money- but that’s NOT the topic of this discussion, today.) The worst thing the Naïve’s can do (and many do it) is to NOT file taxes, because they owe money.  That means  they will owe penalties and interest.   A failure-to-file penalty (5% of the unpaid taxes each month your filing is late, up to 25% of the total unpaid taxes due) and a failure-to-pay penalty of ½ % monthly (also up to 25%).

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