Tax Roundup, 5/24/2013: Tuition organization credit bill has big sales tax provision. And: Fancy guys, bow ties.

May 24th, 2013 by Joe Kristan
Via Wikipedia

Via Wikipedia

In its usual last-minute frenzy, the Iowa General Assembly passed a bill (HF 625) to extend the popular School Tuition Organization credit.  The credit is 65% of the amount contributed to organizations that subsidize private elementary and secondary tuition.  When combined with the federal tax deduction for the donation, there is very little out-of-pocket cost for the donations.  The amount of the credit is limited, so it has been oversubscribed in recent years. the bill increases the cap starting in 2013.

The bill has a surprising amendment that passed yesterday: it now creates “affiliate nexus” in Iowa (my emphasis):

   (1) A retailer shall be presumed to be maintaining a place of business in this state, as defined in paragraph “a”, if any person that has substantial nexus in this state, other than a person acting in its capacity as a common carrier, does any of the following:
       (a)  Sells a similar line of products as the retailer and does so under the same or similar business name.
       (b)  Maintains an office, distribution facility, warehouse, storage place, or similar place of business in this state to facilitate the delivery of property or services sold by the retailer to the retailer’s customers.
       (c)  Uses trademarks, service marks, or trade names in this state that are the same or substantially similar to those used by the retailer.
       (d)  Delivers, installs, assembles, or performs maintenance services for the retailer’s customers.
       (e)  Facilitates the retailer’s delivery of property to customers in this state by allowing the retailer’s customers to take delivery of property sold by the retailer at an office, distribution facility, warehouse, storage place, or similar place of business maintained by the person in this state.
       (f)  Conducts any other activities in this state that are significantly associated with the retailer’s ability to establish and maintain a market in this state for the retailer’s sales.
       (2)  The presumption established in this paragraph may be rebutted by a showing of proof that the person’s activities in this state are not significantly associated with the retailer’s ability to establish or maintain a market in this state for the retailer’s sales.

This ratifies the aggressive approach of the Iowa Department of Revenue on intangible nexus, and will likely trigger more audits of out of state companies.  The Supreme Court and Congress really need to either reaffirm the Quill decision or set new rules.

Tax Justice Blog, Tax Credit for Working Poor Survives Iowa Tax Compromise.  Remember, it’s also a thief subsidy.  Just because it’s supposed to go to the “working poor” doesn’t mean it does.

 

Christopher Bergin, The IRS Is Broken, But That’s the Symptom (Tax.com):

The IRS is broken, that’s for sure. But the IRS is a symptom. The “disease” is the tax code. I think that’s absolutely right. And for me, this latest “scandal” concerning the IRS is going to make it impossible to reform our tax code anytime soon.

More difficult, but more necessary.

 

TaxProf, The IRS Scandal, Day 15

Kay Bell, IRS places Lois Lerner on administrative leave in latest fallout from Tea Party tax exemption review snafu

Joseph Henchman, Congress Asks Organizations Targeted by the IRS to Come Forward and Tell Their Story

 

Tax Trials, See You on Tuesday: IRS Furloughs Impact Certain Filing Deadlines & Services

Linda Beale, Does Apple’s Cook Cook the (U.S. tax) Books?

Jack Townsend, IRS Reminders for Foreign Income Reporting

Robert D Flach is Buzzing!

The Critical Question: Could State Taxes Cause Dwight Howard To Flee L.A. For Houston? (Anthony Nitti)

 

Breaking news from my neighborhood: Woman Allegedly Brandishing Knife ‘Welcomes’ New Neighbor.  How my neighbors are living out the pages of The Onion.

20130524-1

 

News you can use:  Apparently It Doesn’t Take Much for an Accountant to Get Kidnapped and Beaten These Days… (Going Concern)

Always trust tax advice from rappers. Fat Joe Blames His Tax Evasion Problems On ‘Fancy Guys In Bow Ties’

 

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If taxes are charitable, why can’t I deduct them?

May 23rd, 2013 by Joe Kristan

20130522-1Find the error in Victor Fleischer’s statement relating to Apple’s tax planning:

If you think about it, taxes are really just a form of charitable giving. Our goal is to reach a high level of participation from both American and Irish corporations, and your donation in any amount makes a difference. We also welcome any in-kind donations in the form of iPhones and iPads.  My daughter knows how to use them.

Um, no.  As any tax prof would tell you, a gift requires a donative intent, which in turn requires a voluntary transaction.  There is nothing voluntary about giving the government corporate taxes.

From a tax law standpoint, there are all sorts of problems with this analogy, aside from the lack of a charitable deduction for income tax payments.  Starting with:

- A 501(c)(3) charitable organization is not allowed to conduct overt political activity.  If a charity tried to pull the same sort of stunt IRS agents did with the Tea Parties, they’d lose their exemption.

- A charity can’t allow its activities to inure to the benefit of private individuals.  That’s the biggest single thing the government does anymore.    Taking money from struggling young folks to pay Social Security to wealthy Florida retirees wouldn’t cut it in any real charity.  Giving billions to Warren Buffett wouldn’t either.

You can argue some of that goes to deserving poor folks, but when 25% of the biggest income support program is stolen, even that is tough to swallow as a charitable activity.

Jonah Goldberg puts it well:

The fundamental insight of libertarianism is that the government is the government. It cannot be your mommy, your daddy, your big brother, your nanny, your friend, your buddy, your god, your salvation, your church or your conscience. It is the government. A big bureaucracy charged with certain  responsibilities, some of which it is qualified to carry out, many of which it is not.

The government isn’t a charity.  It’s at best a necessary evil, and is mostly a tool for politicians and their enablers to take money from you to buy votes and pass around to the politicians’ friends.

Related:  Should Apple just write a big check to the IRS?

 

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Tax Roundup, 5/23/2013: Iowa property taxes improve, income tax gets worse. Plus: more Apple bites.

May 23rd, 2013 by Joe Kristan
If Iowa's income tax were a car, it would look like this.

If Iowa’s income tax were a car, it would look like this.

The Iowa General Assembly nears the end of its annual rampage.  While it finally did something to improve a bad commercial property tax system, it managed to make an already awful income tax a little worse.

The Iowa Senate cleared a property tax plan (SF 295) yesterday to reduce commercial property assessments by 10%, with additional property tax credits for smaller businesses.  Unfortunately, the price was to more than double Iowa’s version of the fraud-plagued Earned Income Tax Credit and, it appears, to clutter up the 1040 with additional petty tax credits — those these provisions are apparently part of a separate bill.

As if that weren’t enough abuse to the income tax, the Senate also increased Iowa’s tax credit corporate welfare budget by $50 million  (HF 620) by increasing the amount of tax credits that the economic development bureacracy can hand out.  They sweetened the corporate welfare pot by enabling the diversion of employee withholding to local crony capitalist slush funds economic development funds.

Another bill, HF 625, increased the popular school tuition credit, a poor substitute for true school choice.

While the politicians will pat themselves vigorously on the back, the net result isn’t very exciting.  Yes, lower rates for commercial property are needed.  But now Iowa’s dysfunctional income tax is larded with even more corrupt special interest favors, which will make it that much harder to ever enact a system that makes sense for taxpayers without lobbyists and connections.

Related:

David Brunori, Soviets Run Mississippi, Planned Economies and All (Tax Analysts Bl0g)

The Quick and Dirty Iowa Tax Reform Plan.

 

TaxProf, The IRS Scandal, Day 14

Going Concern, Lois Lerner Knows What You People Are Thinking

 

Andrew Lundeen, Apple’s Appearance before the Senate Clarifies the Need for Comprehensive Tax Reform (Tax Policy Blog):

Our average combined rate of 39.1 percent is the highest in the industrialized world. In an increasingly globalized world, this matters more today than it did the last time we reformed the code in 1986. Today the U.S. has to compete with countries around the globe who are constantly improving their tax codes. When the U.S. fails to do so itself, American consumers, workers, and shareholders lose out.

Kyle Pomerleau, Another Perspective on the Apple Hearing (Tax Policy Blog):

Politicians created the current corporate tax system and the current system is broken. If you are going to set out a menu of options for corporations to reduce their tax burden, don’t be surprised or upset that corporations take advantage of them.

Indeed.

 

Linda Beale, Citizen for Tax Justice’s Bob McIntyre on Apple’s offshore profit-hoarding.

 

Robert D. Flach, A KIND OF CATCH-22  On the compliance burden of the fraud-ridden Earned Income Tax Credit.

Tax Trials, See You on Tuesday: IRS Furloughs Impact Certain Filing Deadlines & Services

Kay Bell, IRS offices will be closed Friday, May 24. Plan accordingly

Jack Townsend, Tax Perjury and FBAR Charges Related to Illegal Income Fake Art Case

 

Cara Griffith, A Missed Opportunity in Texas (Tax Analysts Blog)  An attempt to enact an independent tax court in Texas fails:

“The importance of an independent tax tribunal is well documented in the pages of tax journals and even mainstream media outlets.” 

Iowa has nothing like an independent tax appeals process.

Me, Playing with fire: Using an IRA to finance your business.  My new post at IowaBiz.com, the Des Moines Business Record blog for entrepreneurs.

 

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Should Apple just write a big check to the IRS?

May 22nd, 2013 by Joe Kristan

20130522-1Imagine the scene in a boardroom if the CEO walks in and said that he was going to incur a huge unnecessary expense for the corporation.  The guy who came in as CEO would walk out with a termination check.

But some congresscritters believe that’s exactly what CEOs of multinational corporations are supposed to do, based on their behavior yesterday in a hearing called to beat up Apple for not wasting corporate resources paying more taxes than it legally should.  From the Wall Street Journal:

Sen. Carl Levin (D., Mich.), chairman of the investigations panel, on Tuesday accused Apple of employing “alchemy” and “ghost companies” to escape tax collectors in the U.S. and Ireland, the base of the firm’s international operations outside the Americas.

“Apple has sought the Holy Grail of tax avoidance,” said Mr. Levin. “Apple is exploiting an absurdity, one that we have not seen other companies use.”

Mr. Cook countered: “There’s no shifting going on…We pay all the taxes we owe, every single dollar.”

It’s rich for a congresscritter to beat on a taxpayer for “exploiting an absurdity,” when every year Congress writes new absurdities into the law.  A few that leap to mind:

The Section 199 deduction, to artificially divide a modern economy into favored classes, like manufacturers, farmers and architects.

The First-time homebuyer credit, A fraud-ridden boondoggle that cost billions while failing to affect home prices.

Cash for clunkers, helping the economy by destroying perfectly good used cars.

Tax credits for wind, ethanol and biodiesel, to help struggling entrepreneurs like Warren Buffett prove that old and inefficient technologies can make money with enough government subsidies.

Congress writes the tax laws, making them a horrendously-complicated mess.  It’s rich for Congress to complain that other people understand it better than they do.

Other coverage:

Tax Policy Blog, Kyle Pomerleau on Apple’s Tax Hearing in the Senate and Scott Hodge on Apple’s Tax Hearing in the Senate

Megan McArdle, Congress to Grill Apple CEO About Taxes

Going Concern, Tim Cook Is Sorry He’s Not Sorry

Ed Krayewski, Tim Cook Tells Senate Apple Pays All The Taxes It Owes

Matthew Feeney, Rand Paul Slams Colleagues for Criticizing Apple’s Tax Strategy:

“I’m offended by the spectacle of dragging in executives from an American company that is not doing anything illegal,” he added. “If anyone should be on trial, it should be Congress.”

I’ll give Howard Gleckman of TaxVox the last word:

What’s the problem with all this? There is the revenue loss to the U.S., of course. But perhaps worse is  the incredible inefficiency driven by the tax code. The price of high corporate rates is the raft of deductions and credits that encourage corporations to lower their taxes rather than produce great new products.
 
Just imagine if Apple could replace all those tax lawyers with creative new software geeks or industrial designers. It might win back some of the market share it has been losing to Android in recent years.

 

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Tax Roundup, 5/22/2013: Don’t blame me, I’m only the boss. Also: tornado tax relief.

May 22nd, 2013 by Joe Kristan
Former IRS Commissioner Shulman, showing how bad he feels about politcal harassment under his watch.

Former IRS Commissioner Shulman, showing how bad he feels about politcal harassment under his watch.

The Worst Commissioner Ever returned to Washington yesterday to testify before a Senate committee on the IRS scandal.  He bravely took responsibility for the targeting of disfavored political groups and apologized to the victims.

Well, not exactly:

 I certainly am not personally responsible for creating a list that had inappropriate criteria on it. And what I know, with the full facts that are out, is from the inspector general’s report, which doesn’t say that I’m responsible for that. With that said, this happened on my watch. And I very much regret that it happened on my watch.

In other words, I was just the boss, and you can’t blame me for what those crazy kids in Cincinnati do.

 

Just exercising the right they encouraged the Tea Partiers to use – silence.  The IRS functionary who announced the scandal in response to a planted question isn’t going to answer real ones.  From the Wall Street Journal:

Lois Lerner, the head of the Internal Revenue Service office that targeted conservative groups, intends to invoke her constitutional right against self-incrimination and decline to answer questions about the matter when questioned by a congressional committee Wednesday.

Ms. Lerner, director of the tax-exempt-organizations division at the IRS, notified the House Committee on Oversight and Government Reform through her attorney that she wouldn’t answer questions on the matter, according to a committee spokesman.

When it comes to the Bill of Rights, better late than never.

 

Is Washington a suburb of Cincinnati?  Oversight from Washington, All Along    (Eliana Johnson)

TaxProf, The IRS Scandal, Day 13

Watchdog.org, Top 10 quotes about Obama’s #scandalpalooza

Via Don Boudreaux, The Real Lesson of the IRS Scandal (Richard Epstein) and The Autocrat Accountants    (Mark Steyn)

Patrick Temple-West,  White House knew of IRS scandal in April, and more (Tax Break)

Clint Stretch, Targeting tax-exempts and tax reform (Tax Analysts Blog)

Joseph Thorndike, A World Without 501(c)(4)s (Tax Analysts Blog)

Russ Fox, Ms. Lerner Knows the Fifth (IRS Scandal Update)

 

In other news:

Kay Bell, Tornado-ravaged areas of Oklahoma declared major disasters, leading to special tax relief from IRS

Trish McIntire,  Oklahoma DIsaster- Tax Relief.

TaxGrrrl, IRS Announces Tax Relief For Oklahoma Tornado Victims

 

Paul Neiffer, Will Excess Farm Loss Rules Apply With New Farm Bill?

Jason Dinesen, How to Allocate the Deduction for Federal Estimated Tax Payments on Your Iowa Tax Return

Robert D. Flach, TRUE TAX TIME TALES – IRA WITHDRAWALS

 

Brian Strahle,  MARYLAND:  WYNNE CASE UPDATE

On Friday, May 17, 2013, the Maryland Court of Appeals denied the comptroller’s motion for reconsideration in Comptroller v. Wynne,  which struck down the state’s application of credits against pass through income from S corporations; however, the court stayed implementation of the ruling to allow the comptroller to petition the U.S. Supreme Court for certiorari.

Peter Reilly,  RVania Resident Taxed By New Mexico.  State tax problems of folks who live on the road.

 

Kaye Thomas,  Self-Directed IRA Implodes.  The same case I discussed here.

 

 Jack Townsend, Tax Perjury and FBAR Charges Related to Illegal Income Fake Art Case

Jim Maule, Taxation is Not Theft.  It’s not theft when the government does it.

 

 

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Tax Roundup, 5/21/2013: thief subsidy edition. And why the IRS scandal is so depressing.

May 21st, 2013 by Joe Kristan

20130117-1Iowa’s elected leadership has come up with a deal to bring down Iowa’s high commercial property taxes in exchange for an increase in Iowa’s earned income tax credit.  The Democrats who control the Senate have long been pushing for an increase in the EITC, and this seemed like an obvious compromise from early in the session.  There will be much rejoicing if the deal gets completed, as appears likely; property tax reform has been the Governor’s highest legislative priority.

It’s too bad that the cost of a sensible property tax is a big increase in a program that is a poverty trap for honest taxpayers and a pinata for thieves.  The phase-outs of the EITC result in shockingly-high marginal tax rates on each additional dollar earned by relatively low-income taxpayers.

The EITC  is refundable, which means it is really a welfare program run through tax returns.  About 25% of the EITC is claimed “improperly,” which is a nice way to say it’s stolen.  The annual cost of the Iowa EITC boost is estimated at $35 million, so the price of fixing a broken commercial property tax regime is an $8 million annual thief subsidy.  So while the politicians celebrate their great compromise, Iowa’s petty thieves also have occasion to raise a glass, filled by you.

 

TaxProf,  Supreme Court Unanimously Reverses Third Circuit, Says PPL Can Claim Foreign Tax Credit for U.K. Windfall Tax and Avi-Yonah and Christians on Yesterday’s PPL Decision.

 

Jeremy Scott, Rand Paul’s Claim of “Written Policy” Seems Like GOP Overreach

It is unlikely that Republicans will find Paul’s smoking gun, but the IRS scandal is almost certainly the result of political bias on some level.  It is hard to believe that a group of officials would innocently pick terms like “Tea Party,” “patriot,” and “9/12” to single out organizations for additional scrutiny.  It would be incredible to find such disinterested tone-deafness even in the most politically insulated of civil servants (and the IRS is far from insulated).

I doubt the White House left fingerprints on IRS efforts to harass political opponents (though it didn’t lift a finger to stop it).   That leads to an even more depressing possibility: that the IRS went out its way to beat up on the President’s opponents on its own.  Nobody blew the whistle.  That means IRS management is so corrupt and political that it would go after the administration’s political opponents with only a wink and a nudge.  And anybody who doesn’t think this was politically-motivated is kidding themselves.

James Taranto puts it well:

And the IRS scandal was a subversion of democracy on a massive scale. The most fearsome and coercive arm of the administrative state embarked on a systematic effort to suppress citizen dissent against the party in power. Thomas Friedman is famous for musing that he wishes America could  be China for a day. It turns out we’ve been China for a while.

 

No-longer-Acting IRS Commissioner Steven Miller

No-longer-Acting IRS Commissioner Steven Miller

Megan McArdle, Yes, What Happened at the IRS is a Scandal

Russ Fox, The IRS Scandal Reaches the White House

TaxGrrrl, IRS Hearing Marks End Of Their Worst.Week.Ever But Congress Signals More Hearings Are On The Way

Kay Bell, House and Senate committee hearings on IRS screening of Tea Party tax-exempt applications set for May 21 & 22

ViralRead, Report: Head of IRS Employees Union Met With President Obama the Day Before Tea Party Targeting Began

The Other McCain, Portrait of a Thug: IRS Union Boss

 

Peter Reilly, Bank Cannot Issue 1099-C And Subsequently Try To Collect

Jason Dinesen, Same-Sex Marriage, Community Property, And Multi-State Income — Part 3

Fiduciary Income Tax Blog, Passive Income: Good or Bad?

 

Paul Neiffer,  A Farmland REIT is Now Publicly Traded

Stephanie Fitch, 5 Questions Congress Should Ask Obama Commerce Nominee Penny Pritzker

William Perez,  IRS Offices to be Closed on May 24

Linda Beale, How Apple avoids US taxes with shell games

 

Going Concern,  Last Year Was a Very Unfortunate One to Be Wealthy and French, Even By French Standards.  When marginal rates exceed 100%, you know a country is off the rails.

Robert D. Flach has a new Tuesday Buzz up!

The Critical Question: NFL Linebacker James Harrison Spends More On Massage Than You Did On Your House. But Can He Deduct It?  (Tony Nitti)

 

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IRS releases Applicable Federal Rates (AFR) for June 2013

May 21st, 2013 by Joe Kristan

The IRS has issued (Rev. Rul. 2013-12) the minimum required interest rates for loans made in June 2013:

-Short Term (demand loans and loans with terms of up to 3 years): 0.18%

-Mid-Term (loans from 3-9 years): 0.95%

-Long-Term (over 9 years): 2.47%

The Long-term tax-exempt rate for Section 382 ownership changes in June 2013 is 2.70%.

Historical AFRs may be found here or from prior Tax Update posts.

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Roth & Company office closed Monday, May 20

May 20th, 2013 by Joe Kristan

Our offices are closed today for the funeral of our friend and longtime colleague, Ross Smith.  We will reopen Tuesday, May 21.

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No Tax Roundup today.

May 17th, 2013 by Joe Kristan

See you next week.

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Ross Smith, 1963-2013.

May 16th, 2013 by Joe Kristan

We are saddened to learn of the death of our friend and colleague Ross Smith today.  Ross joined our firm in 1993.  Our thoughts and prayers are with his family.

Update, 5/17: Services will be Monday, May 20 at New Life Lutheran Church, Norwalk IA, at 11:00 a.m.  Visitation will be Sunday at Hamilton on Westown Parkway, West Des Moines, 3:00-7:00 p.m.   Complete information here.

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Tax Roundup, 5/16/2013: Acting-out edition. And a real Iowa economic development initiative.

May 16th, 2013 by Joe Kristan
No-longer-Acting IRS Commissioner Steven Miller

No-longer-Acting IRS Commissioner Steven Miller

So the Worst Acting Commissioner Ever is gone.  From The Wall Street Journal:

 President  Barack Obama  forced the resignation Wednesday of the acting commissioner of the Internal Revenue Service in connection with the inappropriate targeting of conservative political groups.

“Americans are right to be angry about it and I’m angry about it,” Mr.  Obama said in announcing the departure of acting IRS Commissioner Steven Miller, who took over the post in November. “The IRS has to operate with absolute integrity.”

Mr. Miller’s resignation is necessary, given the evidence that he hasn’t been honest about IRS harassment of right-side political organizations, but it won’t be sufficient to quell the scandal.   Yesterday’s line, that the scandal was the work of “two rogue employees” in Cincinnati, is risible in light of the involvement of the D.C. and Laguna Niguel offices in the harassment.  That is, unless the two rogue employees were Doug Shulman and Steven Miller.

The TaxProf rounds up a big day in big media coverage: The IRS Scandal, Day 7.  Other blog coverage:

 

Tony Nitti, IRS Takes Time Away From Bullying Tea Party To Release Snoop Lion’s Tax Lien:

So in my view, the problem here isn’t so much that the IRS “targeted” a particular type of taxpayer — because that’s what the IRS does – but rather that in targeting the Tea Party, the Service is reflecting a political bias, something an arm of the government simply cannot do.

I think that’s about right.  Given the long delays in Tea Party applications, while similar applications by left-side groups were routinely approved, it’s pretty hard to believe that it wasn’t discrimination against right-side viewpoints.

 

Christopher Bergin, Scandal, Scandal, Scandal (Tax Analysts Blog):

Among the many ridiculous tasks our politicians pile on the tax collector, the agency has been charged with determining whether political organizations applying for 501(c)(4) status are too political and to do that without getting political. Sounds like a winner to me. Last Friday, the IRS admitted it failed in performing that task. What a surprise.
The IRS also fails in administering a social welfare program known as the earned income tax credit. And just think of how well it will administer the myriad of rules it will have to deal with once the new health care system becomes fully operational.

But we can trust them to regulate preparers, right?

Victor Fleischer raises related point in a New York Times piece.  While I think some of the focus on “institutional” issues is a way to change the subject from political bullying, I don’t mind if it leads people to realize that the tax law is for collecting taxes, not the Swiss Army Knife of public policy.

Howard Gleckman at TaxVox clings to the “botched processing” line: The IRS and the Tea Party: Treasury Report Finds Big Bungling but Small Scandal

Joseph Henchman, President Obama Obtains Resignation of IRS Acting Commissioner; Takes Effect in June (Tax Policy Blog)

TaxGrrrl, Acting IRS Commissioner Miller Out In Midst Of IRS Tax Exempt Scandal

Kay Bell, Obama fires IRS Acting Commissioner

Peter Reilly, Have Some Sympathy For IRS Cincinnati Gang That Couldn’t Sort Straight

Going Concern, Acting IRS Commissioner Is Gonna Take Off Now

Me, So the Worst Acting Commissioner Ever is done.  Too bad, they just finished his official portrait.

 

 

In other news:

Minnesota Budget Deal Includes $2 Billion Tax Hike (Elizabeth Malm, Tax Policy Blog):

The budget adds another income tax bracket on single filers earning $150,000 or more annually. The state’s top rate will now be 9.85 percent, making it the fourth highest top rate in the country. Politicians are spinning this as only affecting the “top 2 percent,” but that misses the point.

Pushing more of the tax burden onto a smaller, wealthier group is poor policy, not because I care about rich people more (an absurd and inaccurate, but unfortunately common, assertion), but because those incomes are volatile. Income tax revenues that derive a large share of receipts from the wealthiest are unstable, and there’s a lot of research to back that up (a few examples can be found here and here). This point is exacerbated by the fact that lawmakers might also throw in an additional temporary income tax surcharge on those earning $500,000 or more.

This will do more for Iowa’s economic development than anything the Iowa economic development bureaucracy ever will.

 

Tax Justice Blog, State News Quick Hits: Why a Revenue Uptick is Not a Surplus, and More

You’re as young as you feel.  A Rhode Island man pleaded guilty yesterday to charges arising out of an alleged kickback operation involving the Navy.

At age 81.

Maybe there are federal prisons with shuffleboards.

 

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Goat sacrificed.

May 15th, 2013 by Joe Kristan

So the Worst Acting Commissioner Ever is done.  Too bad, they just finished his official portrait.

 Goat

Somehow I don’t think this ends the scandal.

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Tax Roundup, 5/15/2013: Those exempt organization returns are due today.

May 15th, 2013 by Joe Kristan

20130515With all the excitement over tax-exempt entities, it’s worth remembering that their returns — the 990 series — are due today for calendar-year filers.  And if an organization fails to file 990s for three years, its exempt status lapses.  Extensions are available, but they have to be filed today.

Late filing can be expensive.  For small organizations, the penalty is $20 per day of late filing; for those with receipts over $1 million, its $100 per day.  That adds up fast.

More information is available at the IRS page Form 990 Resources and Tools for Exempt Organizations.

Related: Trish McIntire, Important Tax Exempt Information

 

So let’s get started with this morning’s IRS Scandal news.  The TIGTA report whose imminent release triggered the IRS announcement of the scandal last Friday came out yesterday.  I covered it in a post last night.  Other coverage:

Tax Prof links:

Aprill: The TIGTA Report on the IRS Scandal: Questions About the IRS and About the Report

Hackney: The TIGTA Report on the IRS Scandal: Be on the Lookout for False Partisan Witchunts.  Yes, insist on only true partisan witchhunts.

And his roundup, The IRS Scandal, Day 6

Other coverage:

Russ Fox,  The Cynics Were Right (The IRS Scandal Gets Official Confirmation)

Patrick Temple-West,  Uneven IRS scrutiny, and more

 

Other Tax things:

David Brunori, Balderdash Masquerading as Tax Policy Arguments (Tax Analysts Blog)

It is no secret. This may hurt my libertarian credentials, but I believe the U.S. Congress should pass the Marketplace Fairness Act.  The tax system is sound when built on a broad base and low rates. Broad  base means you tax everything without regard to who is lobbying the legislature. It follows – and it really does follow – that the sales tax  should be imposed on all personal consumption. 

I can see a need for something like this, but I think it should be done by having a single point of compliance for sellers under a uniform set of rules, rather than subjecting internet sellers to the thousands of local tax systems.  David minimizes the compliance burden.  As somebody who makes a living off of the compliance burden, I can say with confidence that he is mistaken.

Joseph Henchman, Indiana Approves Income Tax Reduction (Tax Policy Blog)

 

Peter Reilly, Doctor Joyce Brothers Cameo In Tax Court And Women’s History

Jason Dinesen, Same-Sex Marriage, Community Property, And Multi-State Income — Part 2

Fiduciary Income Tax Blog, WSJ on Reducing a Trust’s Income Taxes

Jim Maule,  Tax Ignorance Gone Viral.  It really bugs him when people say the Internal Revenue Code is 24 feet high.

 

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Tax Roundup Extra! Today in the IRS political abuse scandal

May 14th, 2013 by Joe Kristan

20120928-2We need a name for the scandal of the IRS leaning on right-side political organizations.  “501(c)(4) – gate” doesn’t do it.  Tea-Gate?  Tea-Party Dome?  Something must be done!  I invite you to do in the comments.

The blog world is going nuts on this today, so here is an extra roundup so I can maybe talk some about other things tomorrow.

The TIGTA report is out!  Full text here.  From the Summary  (my emphasis)

The IRS used inappropriate criteria that identified for review Tea Party and other organizations applying for tax‑exempt status based upon their names or policy positions instead of indications of potential political campaign intervention.  Ineffective management:  1) allowed inappropriate criteria to be developed and stay in place for more than 18 months, 2) resulted in substantial delays in processing certain applications, and 3) allowed unnecessary information requests to be issued.

Although the processing of some applications with potential significant political campaign intervention was started soon after receipt, no work was completed on the majority of these applications for 13 months.  This was due to delays in receiving assistance from the Exempt Organizations function Headquarters office. 

That means a big part of the problem was in Washington, not just in Cincinnati, as the spinners would like us to believe.

There is no smoking gun — no email from the President telling reviewers to give them Tea Partiers hell.  But there is enough to make it pretty clear that Doug Shulman and Steven Miller were lying when they said Tea Partiers weren’t targeted.  From the report, my emphasis:

Determinations Unit employees stated that they considered the Tea Party criterion as a shorthand term for all potential political cases.  Whether the inappropriate criterion was shorthand for all potential political cases or not, developing and using criteria that focuses on organization names and policy positions instead of the activities permitted under the Treasury Regulations does not promote public confidence that tax-exempt laws are being adhered to impartially.  In addition, the applications for those organizations that were identified for processing by the team of specialists experienced significant delays and requests for unnecessary information that is detailed later in this report.

After being briefed on the expanded criteria in June 2011, the Director, EO, immediately directed that the criteria be changed.  In July 2011, the criteria were changed to focus on the potential “political, lobbying, or [general] advocacy” activities of the organization.  These criteria were an improvement over using organization names and policy positions.  However, the team of specialists subsequently changed the criteria in January 2012 without executive approval because they believed the July 2011 criteria were too broad.  The January 2012 criteria again focused on the policy positions of organizations instead of tax-exempt laws and Treasury Regulations.  After three months, the Director, Rulings and Agreements, learned the criteria had been changed by the team of specialists and subsequently revised the criteria again in May 2012.  (See Appendix VI for a complete timeline of criteria used to identify potential political cases).  The May 2012 criteria more clearly focus on activities permitted under the Treasury Regulations.  As a result of changes made to the criteria without management knowledge, the Director, Rulings and Agreements, issued a memorandum requiring all original entries and changes to criteria included on the BOLO listing be approved at the executive level prior to implementation.

So a person immediately below the Commissioner on the organization chart new what was going on, but the WCE, and his successor, both continued to deny ideological targeting.

The report does not address involvement of people in other offices in political targeting, which has been revealed in other stories.  TIGTA still has work to do.

 

Mike Riggs, The Treasury’s Inspector General Just Released a Damning Report About the IRS Targeting Tea Party Groups.  “A new report released this afternoon by the Office of Inspector General of the Treasury–which you can read in full below–confirms that Tea Party groups were in fact being targeted for their politics.”

TaxProf, Inspector General: Ineffective IRS Management Allowed Agents to Target Conservative Groups

Acting Commissioner Steven T. Miller

Acting Commissioner Steven T. Miller

The Worst Acting Commissioner Ever may have a history. Surprise! IRS Boss Who Targeted Tea Party and Jewish Groups Investigated Anti-Clinton Groups in the 1990s (Gary P. Jackson).

 

Peter Suderman, How the IRS Scandal Threatens Obamacare (Reason.com)

According to The Washington Post, “although some of the groups were explicitly labeled ‘tea party’ or ‘patriot,’ others that came under intense scrutiny were focused on challenging the Affordable Care Act — known by many as Obamacare — or the integrity of federal elections.”

In other words, the agency has singled out Obamacare opponents for unusual treatment. That does not speak well of the agency’s ability to fairly carry out its duties under the law.

You think?

 

Megan McArdle, The Real Scandals of the IRS.  “Apparently, investigating conservatives for being conservative isn’t real enough.”  Also, Why Did the IRS Target Conservative Groups?

Now, maybe 501(c) organizations are a big scam and don’t promote social welfare and we should get rid of them, as I’ve seen some columnists complain. But this doesn’t actually seem like the right time to have that conversation. Rather, it seems like a distraction from the fact that IRS employees decided that groups that advocated for smaller government were somehow specially untrustworthy, and acted on this opinion by singling them out for extra bureaucratic hassles.

Having that “conversation” is just a way to change the subject.

 

It’s not just some drones in Cincinnati.  IRS officials in Washington were involved in targeting of conservative groups (Washington Post)

Kay Bell, What did IRS officials know and when did they know it?

David French, Dear Albuquerque Tea Party, From the IRS in Washington (The Corner)

Via James Taranto’s Twitter feed, A January 2012 letter to the “Hawaii Tea Party“  My favorite question is this one that assumes clairvoyance:

“You will sell merchandise.  Provide a list of all merchandise you will sell, your cost and your sale price.”

Under penalties of perjury, of course.

 

TaxGrrrl, Attorney General Holder Orders FBI Inquiry Into IRS Scrutiny Of Tax Exempt Applications

Going Concern (Caleb): IRS Can Expect More Than Standard Level of Unwanted Attention for the Immediate Future.  He’s referring to the Justice Department “investigation,” which is likely to function as a comment stopper. “No comment.  Continuing investigation, you know.”

Going Concern (Adrienne): Footnotes: There Are More Opinions on This IRS Drama Than Low-Level Staffers in Cincinnati

Peter Reilly, Let The IRS Stick To Collecting Taxes

 

George Will, In IRS scandal, echoes of Watergate

James Taranto, The IRS’s Nonprofit Helper

Gene Steurle, IRS and the Targeting of the Tea Party and Other Groups (TaxVox)

Linda Beale,Remember When the IRS Targeted Liberals?  All righty, then, it’s OK.

 

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Tax Roundup, 5/14/2013: Worst Acting Commissioner Ever? And a career tip.

May 14th, 2013 by Joe Kristan

 

Acting Commissioner Steven T. Miller

Acting Commissioner Steven T. Miller

Steven Miller, acting head of the IRS since Doug Shulman left office, apparently hasn’t been any more honest than The Worst Commissioner Ever about IRS harassment of right-side political groups.  AP reports:

Miller was first informed on May, 3, 2012, that applications for tax-exempt status by tea party groups were inappropriately singled out for extra scrutiny,    the IRS said Monday.

At least twice after the briefing, Miller wrote letters to members of Congress to explain the process of reviewing applications for tax-exempt status without disclosing that tea party groups had been targeted.

We’re supposed to tell the truth when we file our returns.  It’s not asking too much for them to return the favor.

Not just harassment, but leaking confidential information.  IRS Office That Targeted Tea Party Also Disclosed Confidential Docs From Conservative Groups (ProPublica.org)

No, too late.  White House: Too early to talk about firing IRS employees  (Examiner.com)

So it’s the Supreme Court’s Fault?  Pelosi: IRS Scandal “An Opportunity” To Scrutinize 501(c)(4)s And “Overturn Citizens United”  All right, then.

 

TaxProf, The IRS Scandal, Day 5

Russ Fox, Drip, Drip, Drip: The IRS Scandal Continues to Grow

Jeremy Scott, Lerner’s Admission and Apology Ring Hollow (Tax Analysts):

 The incompetence boggles the mind. It’s also bewildering how the Service could sit in front of GOP lawmakers and chastise them for underfunding tax enforcement when employees were using some of those supposedly precious funds to conduct a politically charged vendetta against conservative exempt organizations.

I think the perpetrators were quite competent in doing what they set out to do.  The only incompetence was in getting caught.  But he’s absolutely right that the agency’s poor-mouthing, including next week’s furloughs, will no longer convince anybody.

 

TaxGrrrl,  Congress And The President Want You To Get Mad At IRS Over Tax Exempt Targets (Just Not At Them):

It’s clear that those at the top knew something (it has been reported that Shulman was alerted to the issue in 2012) and that it wasn’t the work of a handful of rogue operatives. It was a plan. And then IRS lied about it. And they should be held accountable.

But it still disturbs me that no one in Washington really seemed to care until the behavior went public.

Many of us didn’t believe the IRS would really do something so outrageous.  I had seen some of the questions that IRS was asking Tea Party outfits, and they seemed out of line, but I figured the IRS was being an equal-opportunity annoyance.  That they did it politically is what is triggering the outrage.

 

Howard Gleckman,  The IRS Was Wrong to Single Out Tea Parties, But Many Political Groups Should Not be Tax-Exempt.  Yes, let’s change the subject.

Going Concern, Here Are Some of Things People Are Saying About the IRS Scandal,  An excellent roundup of the state of play, but with too much emphasis on the “incompetence” slant and not enough on “evil.”

Patrick Temple-West, IRS targeted groups critical of government, and more (Tax Break)

Kay Bell, Rubio demands resignation of nonexistent IRS commissioner; Obama vows to ‘find out exactly what happened’.  He can get some sleuthing tips from O.J.

Linda Beale,  More on the IRS’s “targeting of conservative groups”.  She tries to play down the issue.  It shows how slim are the pickings for those who don’t want to think this is a big deal.

 

In other news:

Tax.com has moved.  For reasons that elude me, Tax Analysts has apparently given up the handy Tax.com domain and moved their excellent group blog to a tab on their home page, Tax.org.  I think that’s a mistake, but it’s worth going out of your way to find it.

Martin Sullivan, Do U.S. Multinationals Have It Tough? (Tax Analysts).

Russ Fox, Leisure Suit Larry Goes to Tax Court

Peter Reilly,  Electing To Capitalize Expenses Can Pay Off On Sale

Kyle Pomerleau,  Another Year, another Obamacare Tax (Tax Policy Blog)

Jack Townsend,  The Dangers of the Unrecorded Interview by Criminal Agents — FBI or IRS

It’s Tuesday, so it’s Buzz Day at Robert D. Flach’s place.

 

Career Advice.  Protip: Threatening to Kill Your Colleagues, Even in the Midst of a Brutal Busy Season, Is Never Cool (Going Concern).  OK, I take it back.  Mistakes were made. There was no threat intended in my overzealous pursuit of tax return excellence.  It was just an administrative shortcut.  OK, incompetent, but not evil.  I vow to find out exactly what happened.  If I threatened anyone, it was outrageous.

 

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Tax Roundup, 5/13/2013: Modified limited hangout edition. And a tax blog hijacking!

May 13th, 2013 by Joe Kristan

20130419-1If the IRS hoped Friday’s “apology” for giving extra special attention to tax-exemption applications of right-side groups would settle things, they’re very disappointed this weekend.  The Washington Post reports that the Treasury Inspector General for Tax Administration will soon issue a report saying Friday’s apologizer, IRS Director, Exempt Organizations, knew this was going on in 2011.  Meanwhile, in 2012 IRS Commissioner Doug Shulman was still testifying that IRS was not picking on the Tea Party.

So not only was the Shulman era at IRS grasping, incompetent and casually cruel, it was dishonest.

The Tax Prof has a fresh roundup, The Deepening IRS Scandal.

Another Washington Post story has this:

At various points over the past two years, Internal Revenue Service  officials singled out for scrutiny not only groups with “tea party” or “patriot” in their names but also nonprofit groups that criticized the government and sought to educate Americans about the U.S. Constitution, according to documents in an audit conducted by the agency’s inspector general.

The documents, obtained by The Washington Post from a congressional aide with knowledge of the findings, show that the IRS field office in charge of evaluating applications for tax-exempt status decided to focus on groups making statements that “criticize how the country is being run” and those that were involved in educating Americans “on the Constitution and Bill of Rights.”

Yes, we sure need to keep an eye on those wingnuts who want to educate people on the Constitution and Bill of Rights.  Dangerous lunatics, they are!

There is so much blog coverage of this that I won’t even try to round it all up.  A few links from our blogroll:

Megan McArdle,  Why Did the IRS Target Conservative Groups?

Going Concern, Footnotes: Tea Party Patriots to IRS: Drop Dead

TaxProf,  Schmalbeck on the IRS ‘Targeting’ of Conservative Groups, where an academic gives a ”nothing to see here” take, one that is already largely overtaken by events.

 

And some other coverage:

Connor Simpson,  Why the IRS Abruptly Apologized to the Tea Party  (via Instapundit):

The report doesn’t shay whether or not Shulman was informed about the Tea Party questioning, but it does show the IRS’s chief counsel was. It’s standard procedure for the counsel and commissioner to discuss this  sort of thing before a Congressional hearing.

If so, The Worst Commissioner Ever can only plead incompetence instead of lying to Congress.

Reason.com has a bunch of posts at their Hit and Run blog, including  Matthew Feeney,  IRS Scrutiny Extended Beyond Tea Party Groups (Reason.com); Jesse Walker,  A Brown Scare at the IRS?; Matt Welch,  NY Times: IRS Targeting of Tea Party Only Proves Republicans Are Desperate  “It’s the inability to see discrete news events for what they are, rather than what they might mean for the neverending scrum between Teams Red and Blue.”

Jonathan Adler,  IRS Scrutinized Teaching the Constitution (Volokh Conspiracy)

Professor Bainbridge, Wider Problems Found at IRS – Twisting slowly in the wind

William Jacobson,  IRS anti-Tea Party scandal gets real — senior IRS officials aware of targeting (Update – Chief Counsel knew and targets expanded to groups “educating on the Constitution and Bill of Rights”)

Katrina Trinko, Rubio: IRS Commissioner Should Resign Immediately (The Corner)

Ann Althouse has more.

And here’s my take from Friday, if you missed it:   Look at a celebrity return?  You’re fired!  Harass a Tea Party outfit?  Carry on.

 

In other news:

Nina Olson, IRS Taxpayer Advocate, has an article in Tax Analysts (via the TaxProf) affirming her support for taxpayer regulation.  Ms. Olson has done much good work as Taxpayer Advocate, but her support for increased preparer regulation is economically uninformed and hopelessly wrongheaded.

 

Russ Fox,  IRAs and Owning a Business Through an IRA and  What Can Go Wrong?  Nevada Democrats Want to Give Tax Breaks to Movie Industry

Peter Reilly,  Brooklyn Grandmother Wins On Dependency Exemption.   Just in time for Mothers Day!

TaxGrrrl,  IRS Set To Close Next Week.  Bad news: it’s only temporary.

 

Trish McIntire,  Max and Dave Looking for Reform

Nick Kasprak,  Do Tax Cuts Pay for Themselves?

Patrick Temple-West,  Falling deficit alters budget debate, and more

Linda Beale,  Orrin Hatch on tax reform at the ABA–a predictable right-wing rant

 

Andrew Mitchel,  Barnes Group – Structured Repatriation Was a Dividend.  In spite of the best efforts of national tax firms.

Phil Hodgen,  Decline of American Civilization, Form 8938 Edition.  “Let’s just bury the world in useless paperwork, shall we?”  That does appear to be the plan.

 

Kay Bell,  IRS reports gains in criminal tax, other financial investigations

Jack Townsend, Cheating is Cheating, Except When Offshore Accounts Are The Means, followed up with More on Conviction Rates in Tax Cases.

Janet Novack,  Independent Contractor Enforcement: There’s More Than The IRS To Fear.  Plenty of state rules and taxes also come into play.

Jim Maule,  The Complexities of Tax: Is This Really Necessary?  “A recent IRS private ruling, PLR 201318003, illustrates how the special low rates for capital gain adds layer upon layer of complexity to the tax law.”

 

I’d like to report a hijacking.  It looks like somebody at Tax Analysts forgot to renew their ownership of the  tax.com domain name.  Going there this morning gets this:

20130512-1

Tax.com is (has been?) home to the great group blog featuring, among others, David Brunori, Christopher Bergin, David Cay Johnston, Martin Sullivan, Cara Griffith and Clint Stretch.  I hope this is only a temporary hijacking.

 

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Look at a celebrity return? You’re fired! Harass a Tea Party outfit? Carry on.

May 10th, 2013 by Joe Kristan
Former IRS Commissioner Shulman, showing how much he cares about IRS political integrity.

Former IRS Commissioner Shulman, showing how much he cares about IRS political integrity.

Confession:  I never took seriously complaints that the IRS was harassing Tea Party organizations who filed for tax-exempt status.  It didn’t seem impossible, but the IRS can be difficult to anybody, regardless of political affiliation.  Don’t be paranoid!

Silly me.

The legacy of the Worst IRS Commissioner Ever gains new luster with this shocking revelation:

In a practice that conservatives complained about during the 2012 election campaign, organizations that used the words “patriots” or “Tea Party” in their tax-exempt status filings were flagged by the IRS for further review.

Lois Lerner, director of the IRS tax-exempt office, said the practice “was absolutely incorrect and it was inappropriate.”

Speaking at an American Bar Association conference in Washington, Lerner said, “We would like to apologize for that.”

Oh, but don’t worry:

Lerner said the screening process was “absolutely not” influenced by anyone in the Obama administration.

All righty, then.  Not even the senior administration official who said this about the president of another exempt organization:

“President [Michael] Crowe and the Board of Regents will soon learn all about being audited by the IRS.”

In fact, that was the most senior administration official of all.

The tone of any organization is set at the top.  Unwittingly or not, the President’s statement endorsed IRS harassment of his opponents in a Chicago-style wink-nudge kind of way.  As it’s safe to assume that IRS employees overwhelmingly voted for the President, a hint might have been all that was needed.

His subordinate IRS Commissioner Doug Shulman wasn’t worried about it.  In March 2012 The Worst Commissioner Ever testified:

The Internal Revenue Service is not making it harder for tea party groups to attain tax-exempt status because of their political views, the  agency’s chief told Congress on Thursday.

“As you know, we pride ourselves on being a non-political, non-partisan organization,” Shulman said.

Many tea party groups are applying under section 501 (c) (4) of the federal tax code, which grants tax-exempt status as long as organizations are not primarily involved in activity that could influence an election. That determination is up to the IRS.

“There’s absolutely no targeting. This is the kind of back and forth that happens to people” who apply for tax-exempt status, Shulman said.

In Washingtonspeak, that’s “inoperative.”  Yet whatever “mistakes were made,” they don’t bother the IRS enough to fire anybody, as far as anybody knows.   This is an organization that will fire employees for peeking at movie star tax returns.   But political harassment — well, mistakes were made.

Worse still, after the initial revelation, the IRS had the nerve to say this:

Mistakes were made initially, but they were in no way due to any political or partisan rationale.

Right.  Because “patriot” and “Tea Party” have no political connotations.  Exemption applications with those names were beaten to death just by some amazing coincidence.

The next time some poor schmuck is on trial for not reporting income, he should try saying that his underreporting of taxes “was in no way due to any tax avoidance rationale,” just to see how it works.

So I stand corrected.  I’ll remember now paranoia about the IRS is perfectly justified.  This is a big deal, and it should result in firings.  If it’s a firing offence to look at a starlet’s 1040, it should at least be as serious to use the power of the IRS to pick on disfavored political groups.

 

The TaxProf of course has an excellent roundup.  And the right side blog world is all over this:

Ann Althouse

James Taranto:  The New Nixon

Damon Root,  Will The New York Times Apologize for Applauding IRS Harassment of Tea Partiers?

Mike Riggs,  IRS Targeting Tea Party Groups Is “Unconscionable,” Says Rep. Darrell Issa

Scott Shackford  IRS Admits Targeting Tea Party Groups During 2012 Elections (Updated with Actual Letters)

Megan McArdle, IRS Singled Out Conservative Groups for Extra Scrutiny

Kevin Williamson, ‘Mistakes Were Made’

 

On the left, nothing yet from Linda Beale, Jim Maule,  TaxVox, or Citizens for Tax Justice.

 

Related: Some people just can’t tell good IRS jokes

 

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Tax Court makes IRA ownership of your business even more dangerous

May 10th, 2013 by Joe Kristan

20120511-2Owning a closely-held business through your Individual Retirement Account has always been a high-wire act of tax compliance.  The Tax Court snipped one end of the wire for many IRA-owned corporations yesterday.

The biggest danger of owning your business in an IRA has been the risk of having a “prohibited transaction.”  The tax law has hair-trigger rules for pension funds and other exempt organizations to prevent abuse of the funds by related parties or trustees.

Prohibited transactions are foot-faults.   If you have one, the 15% tax applies to the “amount involved” for each year of the transaction, even if you didn’t mean to do any harm — even if you in fact did no harm.  There is no “good-faith” out.   Worse, prohibited transactions terminate your IRA, triggering any untaxed income within the account.

In yesterday’s case, a taxpayer acquired a C corporation through an IRA.  The taxpayer then guaranteed loans to the corporation.  The Tax Court said this constituted an “indirect extension of credit” to the IRA (my emphasis):

 As the Commissioner points out, if the statute prohibited only a loan or  loan guaranty between a disqualified person and the IRA itself, then the prohibition could be easily and abusively avoided simply by having the IRA create a shell subsidiary to whom the disqualified person could then make a loan. That, however, is an obvious evasion that Congress intended to prevent by using the word “indirect”. The language of section 4975(c)(1)(B), when given its obvious and intended meaning, prohibited Mr. Fleck and Mr. Peek from making loans or loan guaranties either directly to their IRAs or indirectly to their IRAs by way of the entity owned by the IRAs.

That triggered both a prohibited transaction and the termination of the IRA.  The corporation was sold in 2006.  The termination of the IRA status meant the gain was taxable on the IRA-owner 1040s, rather than sheltered in an IRA.  Worse, the court upheld “accuracy-related” penalties.

Have you ever tried to get a loan for a closely-held corporation without personal guarantees?  It can be difficult, especially when you have a new business.  Unfortunately, owners of startups are often sorely-tempted to use their IRAs as owners, as it may be their best source of equity capital.  This case shows how dangerous IRA ownership of your business can be.

I suspect there are a lot of similar taxpayers out there, with much riding on any appeal of this case.  The consequences to these folks will be catastrophic, in the same league as the ruin caused by Incentive Stock Options (ISOs) exercised just prior to the dot-com collapse.   The ISO disaster was bad enough to get Congress to enact legislative relief.  This could also get Congressional attention.

Cite: Peek, 140 T.C. No. 12.

 

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Tax Roundup, 5/10/2013: Pork and Tequila edition.

May 10th, 2013 by Joe Kristan

Politicians advance plan to allow politicians to give more tax money to private businesses.  From TheGazette.com:

Iowa communities would be able to designate special 25-acre development zones and use a share of sales tax and hotel-motel tax revenues to assist private projects of at least $10 million under legislation that’s getting bipartisan support.

House File 641 would establish reinvestment districts designed to spur development of “big ideas,” said Sen. Matt McCoy, D-Des Moines, who led a Senate Ways and Means subcommittee that revamped the bill representatives approved 87-9 last month.

This is, of course, an awful idea.  Politicians are notoriously bad at allocating investment capital, and they tend to make sure it goes to their cronies and contributors.  But when the state’s Governor, a member of the purported small government party, does an end-zone dance over a giant federal subsidy to a private utility controlled by a billionaire, the battlefield is left to the crony capitalists.  The House version of HF 641 passed 87-9.

 

 

David Cay Johnston, No Bang for the Buck (Tax.com)

New York State’s comptroller says giving $2.8 billion in tax breaks over  five years added more than a million jobs, which would be great news except that the state lost jobs.

I’m confident Iowa’s job-creating tax breaks work just as well.

 

Kyle Pomerleau,  Suggested (Large) Tax Increase on Investors is Far From International Standards (Tax Policy Blog)

For capital gains, the current law is already out-of-step with international standards. After the fiscal cliff, combined state and federal capital gains rates increased from 19.1 percent to 28 percent. This is more than 10 percentage points higher than the international average. One suggestion, of course, is to tax capital gains at the rate at the 1986 rate of 28 percent. This would push America’s average combined federal and state capital gains rate to more than 35 percent, more than double the international average.

20130510-1

 

Kay Bell,  Tax-writing committee chairmen launch tax reform website

Howard Gleckman,  Will the Slowdown in Health Cost Growth Change the Budget Debate?  (TaxVox)

Patrick Temple-West,  Tax collections from wealthy are saving government, and more (Tax Break).

Russ Fox,  How Long Should You Keep Your Tax Returns For?

Jim Maule, It’s Not a New Tax

Robert D. Flach offers your Friday Buzz.

 

Jack Townsend,  IRS, UK and Australia Joint Efforts on Offshore Accounts

Linda Beale,  Moving in the right direction: US, UK, Aussies to share tax info

 

Inspirational tax blogging.  No, really:  Five Years After A Brain Aneurysm, Fear Of Dying Can’t Make Me Quit Living  (Tony Nitti).  Inspiring and moving.

 

News you can use.  Book On New Jersey Wines Does Not Support Deducting Trips To France (Peter Reilly)

 

Her sister Everclear wasn’t implicated.  From nbc-2.com, Ft. Meyers:

A chance traffic stop on I-75 in Lee County uncovers a massive tax fraud scheme. Deputies say the woman accused used her job to steal personal information – even stealing from people who were dead.

Thursday, 23-year-old Tequila Gordon was sitting in the Lee County Jail. Her bond was set at $72,000. 

Prosecutors say she worked at liberty tax services in 2009 and stole personal information from dozens of people.

I would think having a first name of “Tequila” would make getting a good job challenging.  It won’t be any easier now.

 

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Tax Roundup, 5/9/2013: Gotta start somewhere edition.

May 9th, 2013 by Joe Kristan

rand paulGotta start somewhere.  The Hill reports “Rand Paul introduces bill to roll back parts of tax evasion law“:

“FATCA’s harmful impacts cover the spectrum,” Paul said. “It is a violation of Americans’ constitutional protections, oversteps the limits of Executive power, disregards the mutual respect of sovereignty among nations and drains money from the federal treasury under the guise of replenishing it, and discourages overseas investment in the United States.”

“Tax evasion is a problem that should be addressed, but not in such an egregious way,” Paul added.

FATCA has made normal financial life difficult or impossible for many Americans abroad.  Too bad politicians didn’t think of these things before they voted.

Probably related: Lynnley Browning, U.S. Citizens Ditch Passports in Record Numbers (via the TaxProf).  Also this from Phil Hodgen.

Jack Townsend, HSBC India Reported to be Cooperating with DOJ and IRS and Projecting Significant Penalty

 

TaxGrrrl,  Sanctions May Be Least Of ‘Copyright Troll’ Worries As Matter Is Referred To Feds, IRS.  A great article telling the story of an attorney/copyright troll who annoyed a judge enough to get him to call in the IRS to investigate his taxes.  Hilarity ensues.

Cara Griffith, Pot Calling Kettle Black? (Tax.com):

Good Jobs First is just hiding the ball a little bit by trying to get rid of reports on business climate. The Good Jobs First report says that the real issue we should be focusing on is “how to build a tax system that is fair, modern and relevant.” Yes, that’s exactly what needs to be done, but I would argue that reports on business climate add to the debate. And while I do think that such reports must be examined with a critical eye, “business climate” matters.

Related Tax Update coverage here.

 

Tyler Cowen

“When economists are not listened to, that often means strong special interests and/or strong voter sentiment stand on the other side of the equation.  The numerous special deductions in the tax code, most of which have no efficiency justification, are examples.”

True of both federal and Iowa tax laws.

 

Brian Strahle,  MARKETPLACE FAIRNESS ACT:  IMPACT ON NON-INTERNET REMOTE RETAILERS?

Hence, it appears that this Act would apply to any business (not just Internet Retailers) that makes sales into a state in which it does not have nexus.  Therefore, manufacturers or other non-Internet retailers who sell directly to retail customers who do not have sales representatives or any other physical connection with a state may (under this Act) be required to collect sales tax on its remote sales.

It’s not just the e-Bay sellers who would have to deal with this.  If you really want to create “market fairness,” there are two ways that are much simpler: either a straight national sales tax collection regime with uniform rules and rate where the proceeds are allocated to the states based on the sales to the state, or a sales tax based on shipping location.

 

Janet Novack,  Reverse Showrooming: Best Buy, Amazon And The Internet Sales Tax:

Traditional bricks and mortar retailers squander their immediacy edge with indifferent/uninformed sales help, who look even worse compared to the information now available on the web. But they can do well if they integrate their online and in-store services, carry enough inventory and price competitively.

 

Christopher Bergin, No Use for Useless Stances (Tax.com)

Linda Beale,  Senate did the right thing–will the House?

 

Tony Nitti, Boxer Manny Pacquiao Ducks U.S. Taxes, Will Return To Ring In China

Paul Neiffer,  Make Sure to Coordinate Estate Documents with Ag Laws

Kay Bell,  It’s property tax appraisal, and scam, time

 

It’s great to waste money, as long as it’s wasted here.  I dust off my old personal rant blog in response to this.

Going Concern, Groundbreaking CFO.com Survey Reveals Accounting Professionals Desperately Need Communication Skills.  All I can say to that is, pprdrhnt.

 

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