Posts Tagged ‘Paul Neiffer’

Tax Roundup, 6/5/2013: IRS line-dancing edition. And stimulus that works!

Wednesday, June 5th, 2013 by Joe Kristan

The IRS spent $4.1 million on a single internal conference in Anaheim, reports the Treasury Inspector General for Tax Administration.  Sure, it’s easy to mock the IRS for conferences, or for silly dance videos, though I find it reassuring to see that there are people in the IRS who have a sense of humor.

What bothers me is the priorities it shows.  For tax pros in Iowa, the best thing the IRS does is its Practitioner Liaison program.  Not only does our liaison do an excellent job of alerting us to processing problems during filing season and cutting through red tape, but she puts on well-attended and popular conferences that have to help the IRS get better-prepared filings.

Yet the Practitioner Liaison office is continually nickled and dimed.  There is always pressure to limit travel to outlying towns.  Our liaison has had to fill in for other states when their positions have been left vacant.  It just seems wrong that the IRS can find $135,000 for speakers to inspire agents in Anaheim, but not to fill the gas tank of someone in the field in Iowa doing useful and popular work.

It also doesn’t help the argument that the IRS just can’t afford to answer its phones or process exempt organization applications.

David Henderson (Econlog) posts a summary of what $135,000 got for the Anaheim attendees.

Kay Bell, Taxpayers picked up $49 million IRS conference tab over three years, including one that cost $4.1 million alone

 

TaxProf, The IRS Scandal, Day 27

Patrick Temple-West,  IRS scandal prompts hope for tax reform, and more

 

TaxGrrrl has a wonderful story about the beneficiaries of a California jobs tax credit:

This practice made news in the state when a local news crew focused on two strip clubs,   Deja Vu Showgirls of Rancho Cordova and Gold Club Centerfolds, found to have received thousands of dollars in tax breaks – without doing anything different from before. Those clubs benefited from their existing locations and were not lured to the area by the promise of tax incentives; additionally, their hiring practices weren’t influenced at all by the tax breaks. That isn’t the point of the credit, according to Sen. Hill and his supporters.

No, the point of the tax credit is to enable politicians to take credit for “creating jobs” by taking your money and giving it to somebody else.

Longtime readers know that The Tax Update has no use for any “economic development” tax credits.  These credits are generally paying companies to do what they would have done anyway — in this case, to disrobe.   At least these credits went for something people want, and there’s no questioning the stimulative effect.

 

Paul Neiffer, Update on Commodity Gifts

Missouri Tax Guy, Employee vs. Contractor… How to tell.

 

Peter Reilly, California Gets To Snack On Jerome James SuperSonics Salary   If you keep a house in California, don’t be surprised if California thinks you live there.

David Brunori, On its 35th Birthday, Prop 13 Remains Flawed (Tax.com):

But I think Proposition 13 was a horrible policy choice.  It devastated local government autonomy. Local governments in the United States have been the most efficient, effective, and democratically responsive means of providing public services. But that effectiveness is contingent on having an independent source of revenue. When the state finances local
government services, it is almost assured that those services will not be provided at levels demanded by citizens.

Joseph Henchman,   Nevada Approves $20 million/year to Subsidize Film and TV Production.  (Tax Policy Blog) They apparently have enough strip clubs.

Tax Justice Blog,  Brownback’s Kansas is Taking Tax Cuts to Extremes

 

Jack Townsend,  Swiss Enablers Are Worried, As Well They Should Be

Jim Maule, Code-Size Ignorance Knows No Boundaries.  The tax law is enough of a mess without exaggeration.

Robert D. Flach rounds up reaction to his defense of doing returns by hand.

 

Not if you do it right.  IRS Bashing Can Be Fun But Also Expensive (Joseph Thorndike, Tax.com)

 

 

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Tax Roundup, 6/3/2013: Annals of Crime and Redemption Edition.

Monday, June 3rd, 2013 by Joe Kristan

20130603-1How to make Zumba popular with men.  From The Guardian Express:

Zumba instructor and prostitute Alexis Wright has been convicted in an Alfred, Maine courtroom of prostitution, conspiracy, tax evasion, and theft by deception.

Wright used her Zumba training facility as a front to run a prostitution  ring.  She has been sentenced to ten months in jail.  She will also have to repay $57,280 for accepting welfare funds of more than $40,000.  It is believed that she netted more than $150,000 from prostitution.

The story has gotten some extra mileage because it happened in Kennebunkport, a picturesque and posh seaside town where George Bush the Elder maintained a place.  She also videotaped her private exercise sessions and had a client list including “prominent members of the seaside community.”

According to the story, the Zumba entrepreneuress has turned over a new leaf:

Now that her life of prostitution, conspiracy, and tax evasion has ended, Wright promised a change in her life after her release.

“It’s my intention to stand up for what is right. When I’m out, I’m going to pursue helping people fight through situations that are similar to mine. I’m optimistic that something good will come out of this,” Wright said Friday, according to the AP.

An inspiration to us all.  To pay our taxes, at least.

 

Speaking of misplaced inspiration, a Tennessee man who claimed the power to “decode” the tax law apparently misplaced his decoder ring.  Knoxnews.com reports:

 U.S. District Judge Thomas Phillips sentenced David Miner, 61, to an 18-month prison term for plotting a campaign to impede and harass IRS agents in a bid to help his paying clientele to avoid paying taxes and failing to file his own tax returns.

For $1,200, Miner sold a program to “decode” via an IRS manual a client’s Individual Master File, or IMF, which uses computer codes to document a person’s tax history, point out errors and write letters demanding the IRS fix those problems.

Assistant U.S. Attorney Frank Dale argued for a harsh sentence:

“Miner has written a book and other documentary materials, operated an Internet website, and spoken at various meetings, presumably on subjects related to defying the tax system,” Dale continued.

Not just a website, but an internet website!  Which is still up, oddly enough.  It’s full of tax protester nonsense, but I can’t argue with this assertion there:

We can’t help you convince your family and friends that you are not crazy or Satanic or destined for jail.

I’ve been trying for a long time, but my family and friends are convinced that some or all of these things are true about me.

How did the defendant justify himself?

Miner insisted that he believed his IRx-Solutions Inc. firm was not selling a scam. He said he was inspired by Joe Nelson Sweet, a Florida man currently serving a 10-year prison term for a similar venture.

The moral: when seeking inspiration, don’t look to folks serving ten-year sentences.

 

Debit cards don’t confer tax exempt status either.  A North Carolina man has pleaded guilty to tax crime charges:

William Robert Hupman Jr., pleaded guilty today to corruptly endeavoring to obstruct or impede the due administration of the internal revenue laws, the Justice Department and the Internal Revenue Service (IRS) announced today.

According to court documents, Hupman managed and controlled Security Concepts LLC.  a security alarm company based in Mebane, N.C.  Instead of receiving a salary from Security Concepts, Hupman received income by using a Security Concepts debit card to pay his expenses.

That sort of brazen skimming is likely to get caught eventually in any case, but the man may have done a little extra to attract IRS attention:

Despite the fact that employment taxes were withheld from the wages of Security Concepts employees, Security Concepts has not paid employment taxes and filed the required tax form since the third quarter of 2009.

The IRS notices that sort of thing pretty quickly.

 

Andrew Mitchel, U.S. Government Continues to Pursue Taxpayers Committing Tax Fraud, a roundup of recent tax crime news.

Jack Townsend,  Reminder on FBAR Filing for 2012 Year – Must be Received by June 28, 2012

 

Paul Neiffer,  The Advantages of Commodity Contributions

Brian Strahle, “SUBJECT TO CHANGE”:

If something bad has happened in life, or with your company’s state tax position, the good news it is probably temporary.  There is most likely a practical and effective way to mitigate the risk, exposure or liability. 

TaxGrrrl, June A Busy Month At IRS For Taxpayers and Tax Pros.   FBARs, second quarter estimates, and more.

 

Kyle Pomerleau,  Another Study Confirms: U.S. Has One of the Highest Effective Corporate Tax Rates in the World

Trish McIntire,  Fiscal Cliff-Kansas Style

Peter Reilly,  NFL As Tax Exempt Less Than Meets The Eye ?

Tony Nitti, Raising Capital Gains Rates In the Name Of Tax Reform

 

TaxPro, The IRS Scandal, Day 24

Getting ahead of the game. IRS issues preemptive apology for tax conference excesses(Kay Bell) But boy, they can dance!

Megan McArdle, IRS White House Visits: Less Than Meets the Eye

Russ Fox, The Answer Is in Washington

 

Robert D. Flach,  AND YOU WONDER WHY I DO NOT USE TAX PREPARATION SOFTWARE.  Robert passes on a tax software horror story, which we all have.  Yet for all of its flaws, there is a reason most practitioners use tax software.  It saves an enormous amount of duplicative work, avoids the vast majority of math errors, and enables you to get much more done.  But you don’t want to cheap out on your software — you get what you pay for.

Robert is welcome to his hand-crafted returns, but I’d quit rather than do a 20-state 1065 by hand.

 

Not strictly tax-related, but when people get nostalgic for how wonderful things were back in the day, remember that back then TV makers actually competed on how easy it was to fix them when they broke.

 

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Tax Roundup, 5/31/2013: Obama and Shulman, buddies. And the hidden path to world domination.

Friday, May 31st, 2013 by Joe Kristan

Megan McArdle, Boy, the Head of the IRS Went to the White House A Lot

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I believe Megan is correct when she says that it is unlikely that Shulman was spending his time there conspiring against the President’s opponents:

Why on earth would it have taken 118 meetings?  Did Doug Shulman not  understand “target the tea party” the first 117 times Obama said it?  

The close contact between the IRS and the White House is actually what you might expect to see now that the IRS has become a ridiculous superagency with a portfolio dwarfing that of the traditional cabinet agencies.  Still, it’s very weird that Doug Shulman spent more time at the White House than the Treasury Secretaries and the Secretaries of Defense — combined.

Update: It would be less weird if it didn’t happen.

 

TaxProf, The IRS Scandal, Day 22

IRS, Bureaucratic Blunder or Political Profiling? (Topaccountingdegrees.org)

 

Kay Bell, More tax professionals (including bloggers) formally support legal challenge of IRS’ effort to regulate tax preparers.  That would be me.

Kyle Pomerleau, A Redistributional Effect of Obamacare (Tax Policy Blog)  Picking the pockets of healthy young men.

Estimated effect of Obamacare on health insurance costs in select states (via Tax Policy Blog)

Estimated effect of Obamacare on health insurance costs in select states (via Tax Policy Blog)

 

William Perez,  “Complaint Case #460575036224″ — Fake Email from the IRS.  Rule of thumb: if you get an e-mail that says it’s from the IRS, it’s not from the IRS.

Trish McIntire, Phishing Again

 

Paul Neiffer, Pay Your Kids!  If you can get them to actually do some work, of course.

Brian Mahany,  The Promised Land – FATCA Causes Record Number Of Americans To Leave.  Congress is making America more of a “selective” taste.

 

TaxGrrrl, Donations Pour In For Oklahoma Relief Efforts, Including $1 Million From Carrie Underwood and Kevin Durant

Patrick Temple-West,  Evidence that tax breaks favor the rich, and more.  Common sense, folks: the rich pay most of the taxes, so any “break” will go to the person who pays most of the taxes.

Howard Gleckman,  Who Benefits from Tax Preferences? You Do. (TaxVox): “When it comes to tax preferences, Pogo was right. “We have me the enemy and he is us.”

 

Fiduciary Income Tax Blog: Decanting.  Trusts, not old wine.

Jim Maule, The Tax Woes of a Corporation Owned by an Indian Tribe

Tax Justice Blog, Governor Cuomo Hearts Tax Cuts.  But only in some places.

Brian Strahle,  MIDDLE MARKET COMPANIES:  RECENT STATE AND LOCAL TAX “PAIN” POINTS

 

Christopher Bergin, Ireland Is Not a Tax Haven, Dammit (Tax Analysts Blog)

Robert D. Flach has his Friday Buzz on! I like this: “The recent scandal has proven that the IRS can’t even properly regulate its own employees, let alone try to properly regulate tax preparers!”

 

It’s a small world after all.  McGladrey’s Plan For World Domination: Nebraska! (Going Concern)

 

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Tax Roundup, 5/29/2013: Why Did Shulman spend so much time at the White House? He has no idea.

Wednesday, May 29th, 2013 by Joe Kristan
The tax law - The Ultimate Swiss Army Knife of public policy.  Flickr Image courtesy redjar under Creative Commons license.

The tax law – The Ultimate Swiss Army Knife of public policy. Flickr Image courtesy redjar under Creative Commons license.

If you or I went to the White House, we’d remember it always.  I have been inside the Treasury once, and the IRS building once, and I definitely remember it.  But when you are a real mover and shaker like Doug Shulman, it all starts to blur, apparently.

From WashingtonExaminer.com:

Former Internal Revenue Service Commissioner Doug Shulman visited the White House 118 times between 2010 and 2011. Acting Director Steven Miller, who took over at the IRS in November, also made numerous visits to the White House, though variations in the spelling of his name in White House visitor logs makes it difficult to determine exactly how many times.

The frequent trips to the White House under Obama far outnumbered the times other administrations felt the need to meet with the IRS, according to Mark Everson, who led the IRS under former President George W. Bush. Everson said he remembers making only one trip to the White House between 2003 and 2007 and said he felt like he’d “moved to Siberia” because of the isolation.

Funny, I thought the IRS was an “independent agency.”

Shulman said he couldn’t remember why he went to the White House so frequently, though some of the visits were probably about the IRS’ role in implementing Obama’s health care reforms, he told a congressional committee. Logs show Shulman met with two West Wing officials working on health care.

“The IRS has a major role in the money flow,” Shulman explained to Congress.

But while the health care-related visits were explained in the logs, many others included no explanation.

I doubt Shulman met with the President or his aides to plot audits of presidential enemies — though you’d think he’d be able to figure out why he spent so much time there.  Do they still have a bowling alley?

It’s likely that his visits reflect the way the IRS has become a cross-functional super-agency, with bigger responsibilties than most cabinet departments.  That is at least as disturbing as the outrageous Tea Party harassment.

 

Don Boudreaux, Count on It: Power Will Be Abused:

The fundamental question raised by the IRS scandal isn’t whether Obama ordered, or even knew of, the apparent misuse of the taxing power to punish political opponents. Rather, the fundamental question asks about the wisdom of creating in the first place government agencies that can so easily abuse their power in order to play political favorites.

The question answers itself.

 

Linda Beale thinks it’s just fine to harass the Tea Party:

This so-called “scandal” is just another instance of right-wing obstructionism that is willing to sacrifice good government for maintaining or increasing political power.

Um, no.  Even President Obama says that what the IRS did was a bad thing.  It’s a little late to try to pretend that it was just the IRS doing its job.  Unless, of course, you think its job is to obstruct political opposition and coddle organizations congenial to Linda Beale.

 

Patrick Temple-West, Groups test political tax rules, and more (Tax Break)

Martin Sullivan, TIGTA Report Implies a Lot, Proves Little, About Bias at the IRS (Tax Analysts Blog)

TaxProf,  The IRS Scandal, Day 20

 

Jack Townsend covers a developing U.S. – Swiss tax enforcement agreement in Swiss Settlement May Be Near and More Developments on Swiss Agreement with U.S.: “With this development, I am sure that the IRS will be sending a lot of John Doe treaty requests.”

 

Paul Neiffer, More States to Raise Taxes?

Scott Drenkard, Wisconsin Plan Cuts Rates, Broadens Bases, Improves State Business Tax Climate Ranking (Tax Policy Blog).  Iowa should try that sometime.  The Quick and Dirty Iowa Tax Reform Plan is ready to go!

 

Peter Reilly, Tax Reform – Should Partnerships And S Corporations Follow The Same Rules ?

Howard Gleckman, The Challenge of Cutting Deductions to Lower Tax Rates (TaxVox)

TaxGrrrl, Internet Sensation Charles Ramsey Gets Free Food From McDonald’s: Do You Want Taxes To Go With That?  If he takes them up on it, the medical deductions may offset any taxable income.

 

Joseph Thorndike, Krugman Berates a Bush — Unfairly (Tax Analysts Blog)

Jim Maule, Reader Weighs In on Weighing the Code

 

Of course he does.  Nicolas Cage Urges Nevada to Subsidize the Film Industry (Joseph Henchman, Tax Policy Blog)

Let us praise our dedicated civil servants.  IRS employee charged with going on a years-long buying spree with Uncle Sam’s credit card (Kay Bell)

A disgrace to his profession. Las Vegas pimp faces prison after pleading guilty to tax-evasion charge

It’s good to be king.  Princess, maybe not so much. Princess Cristina to be investigated for tax fraud

 

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

Wednesday, 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.

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

Thursday, 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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Roger, Paul and Me

Friday, May 3rd, 2013 by Joe Kristan

Paul Neiffer, proprietor of the fine Farm CPA Today blog, stopped in Des Moines today for lunch with me and Roger McEowen of the Iowa State University Center for Agricultural Law and Taxation.

Roger McEowen and Paul Neiffer

Roger McEowen and Paul Neiffer

Paul clearly didn’t anticipate the snow we had today when he packed for his visit.  After all, it’s 80 degrees today in his hometown of Yakima, Washington.    He’s even more fun and interesting in person than he is on his blog.

We were conspiring in advance of the tax school we will be teaching together next month in Traverse City, Michigan (register today!).  We hope nobody has to bundle up then.

 

 

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Tax Roundup, 5/3/2013: Return of the Glaciers edition.

Friday, May 3rd, 2013 by Joe Kristan

Tax Update World Headquarters is just a few hundred yards north of the Raccoon River, where the last glacial advance ended about 14,000 years ago.

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Downtown Des Moines, Locust St., this morning.

 Today’s weather makes me wonder whether mastodons eat tulips.

 

TaxProf,  Small Business Owners Sue IRS Over ObamaCare.  I don’t think you can stop a train wreck with a lawsuit.

 

Looking for wounded jaywalkers.  Blogger and tax defense attorney Jack Townsend is looking for “Readers of this Blog Willing to Share Their Personal Experiences in the OVDP/I Programs“:

A reporter for a nationally prominent publication has contacted me to help him get in touch with people who have gone through one of the OVDI/P programs to discuss their experiences and thoughts about the programs.  If you are interested and/or willing to do that, please contact me at jack@tjtaxlaw.com and I will put you in touch with the reporter.

So maybe it’s a chance for those of you who’ve been put through the ringer for a foot-fault violation to get a little justice.

 

Janet Novack,  Pritzker Family Baggage: Tax Saving Offshore Trusts.   My theory is that many of wealthy people who favor higher taxes assume they’ll never have to pay them anyway.

Howard Gleckman,  A New Way to Address the International Tax Mess (TaxVox)

 

Peter Reilly,  IRS Troops Will Take To The Street On Seventh Day In May .  I’m guessing that Peter is referring to the 1960′s  ”Seven Days in May,” about an attempted military coup in the U.S.  I’m not sure whether the National Treasury Employee’s Union, which will “take to the streets,” can pull off a coup, seeing that they pretty much run things already.

 

Nick Kasprak,  Weekly Map: Inheritance and Estate Tax Rates and Exemption (Tax Policy Blog)

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The opposite of a sales tax holiday:  Retailer Target Jumps The Gun On Sales Tax (TaxGrrrl). A South Carolina Target store probably made few friends when it started charging a higher sales tax rate a month early.

Patrick Temple-West,  State Republicans divided on tax cuts, and more (Going Concern).

Christopher Bergin, Taxes Don’t Matter Until, Well, They Matter  (Tax.com):

 

Roger McEowen, Trusts, S Corporations, The Material Participation Test and the  Medicare Passive Income Surtax

Good news!  Are you a likely tax audit target? Sequester just might save you(Kay Bell).

Paul Neiffer:  Full Season vs. Early Season Corn

Jim Maule,  A Slight Improvement in the Code Length Articulation Problem.  No, the Internal Revenue Code is not 77,000 pages.  It’s no less a monstrosity for that.

Daniel Shaviro,  Tax policy colloquium, week 13: Itai Grinberg’s “Emerging Countries and the Taxation of Offshore Accounts”

Friday Buzz from Robert D. Flach

Me:The REIT way to reduce taxes?  My new post at IowaBiz.com, The Des Moines Business Record group blog for entrepreneurs.

Going Concern,  AICPA Attempts to Tie Expired Payroll Tax Cut to Normal American Behavior.

Are you irritable? Sleeping less? Impatient with your friends? Putting on weight? Thinking about divorce? Yes? Sorry to hear, you must be going through a stressful time.

Oh, wait, are you an American? Yes?! Whew, you’re behaving normally then. If you were to read this AICPA press release, you might be inclined to believe that your take home pay being 2% lower than last year would have been the cause of all those things…

What are these “friends” of which you speak?

 

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Tax Roundup, 5/2/2013: Peter Fisher takes on The Tax Foundation. And I’m a video star.

Thursday, May 2nd, 2013 by Joe Kristan
Peter Fisher

Peter Fisher

Cage Match: Iowan Peter Fisher takes on the Tax Foundation.  Mr. Fisher has written a study for Good Jobs First, a left side advocacy group.  Mr. Fisher who shows up in The Tax Update occasionally, doesn’t care for the Tax Foundation’s Business Tax Climate Index:

The TF, on the other hand, despite claims to the contrary, ignores the consensus approach to assessing business taxes in the economic literature and attempts to portray the effect of state and local tax law on business profits in an entirely different fashion: by stirring together no less than 118 features of the tax law and producing out of that stew a single, arbitrary index number. That number turns out to bear very little relationship to what businesses actually pay.

Here Mr. Fisher makes the same mistake he makes when he defends Iowa’s highest-rate-in-the nation corporate income tax, which collects very little net revenue because it clobbers some taxpayers while paying generous subsidies to the well-connected and well-lobbied.  He concludes that means Iowa’s corporation tax doesn’t matter because of the low net collection.

A good business tax climate, to the Tax Foundation, doesn’t take money from some businesses and give most of it to other businesses; good policy is based on “simplicity, neutrality, transparency, and stability.”  I agree.

As the Tax Foundation explains in its response to Mr. Fisher:

 The problem here is that we do not claim to measure business tax burdens. We measure and rank tax structures, and this because the size of a tax is less important than the economic distortions it creates. This is a fundamental error in Fisher’s understanding of tax policy.

Mr. Fisher seems more focused on “equity,” whatever that means.  But even if you think the tax law should be used to punish the rich and reward low incomes, cross-border mobility makes state tax systems an awful place to to that.

 
Tony Nitti,  Overview Of The New 3.8% Investment Income Tax, Part 3: Gains From The Sale Of Property.   Tony discusses the ridiculous proposed rules on sales of pass-through businesses, among other things.

TaxGrrrl,  IRS Rolls Out More Proposed Regulations On Health Care As “Train Wreck” Comments Continue To Make Rounds.   “Train wreck” is a term that frequently makes the rounds in the vicinity of train wrecks.  This batch of regs covers “minimum value” for determining whether coverage disqualifies individuals from premium credits.

Trish McIntire,  First Time Penalty Abatement.  The IRS will usually abate minor penalties for first-time infractions, but they don’t like to talk about it.

 

Jen Carrigan,  Should You Expect an Audit?  A guest poster at Missouri Tax Guy’s place explains the IRS exam process.

Jason Dinesen,  Another Example of a Tax Scam E-Mail.   The IRS never contacts taxpayers by e-mail.

Kay Bell,  Tax moves to make in May 2013

 

Janet Novack,  U.S. Demands Wells Fargo Records To Identify Tax Cheats Using Caribbean Havens

Cara Griffith, Feeling the Impact of Impact Fees (Tax.com).

 

Paul Neiffer,  From 80 to 45 in 40 miles.  Temperature, not speed.  I get to meet Paul tomorrow, it should be fun.

Catch a Thursday Buzz from Robert D. Flach.

 

Video!  The Iowa Bar Association now is selling DVDs of “Notes from the Fiscal Cliff,” a January webcast I did with Roger McEowen of the ISU Center for Agricultural Law and Taxation.  The outline is here. Supply your own popcorn.

 

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Tax Roundup, April 29, 2013: Getting ready for the Obamacare Investment Income Tax. And a disturbing lack of faith in OVDI.

Monday, April 29th, 2013 by Joe Kristan

20121120-2Laura Saunders, Are You Ready for the New Investment Tax?, (Wall Street Journal, via The TaxProf):

The tax, which took effect Jan. 1, applies to the “net investment income” of married joint filers who have more than $250,000 of income (or $200,000 for singles). Only investment income—such as dividends, interest and capital gains—above the thresholds is taxed. The rate is a flat 3.8% in addition to other taxes owed.

“Affluent investors who ignore this tax will be in for a total shock next April 15,” says David Lifson, a certified public accountant specializing in tax at Crowe Horwath in New York. Such income is typically not subject to withholding, and people won’t be factoring it into their estimated taxes. Lower-bracket taxpayers who receive a windfall large enough to owe the tax will also be in for a surprise.

This tax is shockingly complex, and it will surprise a lot of taxpayers next April.

Related: Tony Nitti,  Overview Of The New 3.8% Investment Income Tax, Part 1

 

Feds sue over Des Moines utility tax (Des Moines Register).  Des Moines lost a long legal battle over its “utility tax” on electric bills.  Now the federal government is after the city:

Federal prosecutors acting on behalf of the U.S. Department of Veteran Affairs sued the city of Des Moines and Mid­American Energy Co. on Friday, alleging that the city’s longstanding surcharge on gas and electric customers in Des Moines constitutes an illegal tax when levied against Uncle Sam.

 

Trish McIntire,  W-2Gs and CP2000s:

When a taxpayer wins a jackpot, the casino gives them the W-2G for the win at that time. It’s up to the taxpayer to keep the W-2G safe and bring it into me, or their preparer, when their taxes are done. What happens to the W-2G? It gets shoved into a purse or pocket, thrown in the glove compartment or on the desk at home or thrown in the trash by accident.

Robert D. Flach,  THE MORTGAGE INTEREST DEDUCTION:

I support keeping the deduction for acquisition debt mortgage interest on one’s primary personal residence, and the deduction for real estate taxes on the same primary personal residence, not to encourage home ownership, but as a form of “geographical equalization”.

In other words, he wants to help out people who live in places where houses cost more.  I think that’s misguided, as it also encourages people who live in low-cost locales like Des Moines to build palaces with help from the taxman.

 

Russ Fox,  1700 Miles and a 7% Difference.  Joe Mauer of the Minnesota Twins tries to avoid Minnesota residency for low-tax Florida.  It went about as well as this season will for the Florida Marlins (or the Twins, for that matter).

 

Kay Bell,  Smokers are among the latest federal tax targets.  Transferring nicotine addiction from smokers to government.

Jana Luttenegger,  IRS Announces Furlough Days (Davis Brown Tax Law Blog).

Patrick Temple-West,  Obama talks budget with Republicans, and more (Tax Break)

Paul Neiffer,  Don’t Forget Your Retirement Plan.  “I was talking with a new farm client the other day about his estate plan and what struck me the most was not how much farm land value he had accumulated but rather the amount he had tucked away into his retirement plans.”

Peter Reilly,  Fifth Avenue Inspirational Shopping Not Doing Business. Dang.

 

Phil Hodgen,  Note to Concerned Immigrant:

Get some competent advice about how to handle the past years. If the advice is OVDI, then stand up and walk away, swearing the mightiest oaths that a drunken sailor could swear.

Perhaps the Offshore Voluntary Disclosure Initiative has somehow failed to gain the confidence of the tax bar?

Jack Townsend,  More on the GAO Report on IRS Offshore Disclosure Initiatives

 

Trust me, peasant, it’s for your own good.  Former GM Exec Bob Lutz Suggests Higher Gas Taxes Would Help Americans (TaxGrrrl)

The soft bigotry of low expectations.  The Pioneer Press Has Crowned Its Sexiest Accountant(s)  (Going Concern)

 Now he tells us.  Jailed tax cheat’s warning: Just ‘don’t do it’ (TBO.com)

 

 

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Tax Roundup, 4/26/2013: The Earned Income Credit elephant in the room.

Friday, April 26th, 2013 by Joe Kristan
The Ultimate Swiss Army Knife. Flickr Image courtesy redjar under Creative Commons license.

The Ultimate Swiss Army Knife. Flickr Image courtesy redjar under Creative Commons license.

Christopher Bergin, Dilemma – The Earned Income Tax Credit (Tax.com).  An excellent summary of the problems with the tax law’s biggest welfare program:

Our politicians have tried to do too much through the tax law. And that has created a complicated mess of winners and losers that makes the task of trying to reform it, even to some level of sensible, a daunting one.The poster child for this mess is the Earned Income Tax Credit. Like it or not, the EITC is welfare administered through the tax system. Do we really want our tax system to do that?

The tax law works best if it is seen solely as a tool to finance the government.  Much of its hideous complexity comes from using it is the Swiss Army Knife of public policy.  As you add more gadgets it becomes less useful at being a knife.

Mr. Bergin isn’t afraid to mention the elephant in the room:

And there is another huge problem. The EITC program leaks like a sieve. More bluntly and honestly stated, well-intentioned as it may be, the EITC has been corrupted. Don’t take my word for it. Recently, the Treasury Inspector General for Tax Administration released a report stating that up to one-quarter of EITC payments made in fiscal 2012 were improper. How much does that represent? Try $13.6 billion. In one year. Using a ten-year budget window, that’s $136 billion, and that’s just the tainted stuff.

Supporters say the EITC is a program that “works.”  Can you say that something “works” when it sprays billions to thieves every year?

Read the whole thing.

 

Fairness:

 But the compliance costs imposed by the Marketplace Fairness Act would place smaller upstarts at a distinct disadvantage, which is, I suspect, one reason that market incumbents such as Amazon support the tax. The real cost of taxes is not the revenue out the door to the taxman; it’s the revenue out to the door to the taxman plus all of the costs involved in complying with the tax code.

- Kevin Williamson, via Instapundit

 

Megan McArdle draws  Lessons from Curt Schilling’s Failed Business.  I would add one more: states shouldn’t finance private businesses.  Iowa hasn’t gotten the memo.

Peter Reilly,  How 38 Studios LLC Turned A CPA Into A Warrior

 

Paul Neiffer,  What About Those 1099s?!

Kay Bell,  Sony deal could help singer Lauryn Hill pay delinquent tax bill

Me: But how can we slap money launderers on the wrist if we don’t throw the book at widows?

Phil Hodgen,  How to Compute Net Tax Liability for Form 8854

Patrick Temple-West,  UK’s Cameron fights tax evasion, and more

TaxGrrrl,  H&R Block Offers Apology, Cash To Make Up For Filing Snafu

Howard Gleckman,  Will the Retirement of Max Baucus Open the Door to Tax Reform?

 

Jim Maule, When Taxes Are Cheaper:

And perhaps the short-sightedness and narrow-mindedness is compounded by  the “freedom” mentality that has taken such a hold in modern culture

Yes, let’s all get on board with the new hip “docile submission” mentality.  Because the government knows best!

David Cay Johnston,  Taxpayers Subsidize Rich Anti-Taxers (Tax.com).  Speaking up against the ALEC bogeyman.

 

It’s Friday, you aren’t being productive anyway.  Let’s Play a Game of Accountant/Not an Accountant! (Going Concern)

 

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Tax Roundup, 4/11/2013: A new Iowa income tax reform proposal. And: new Obama budget, same as the old one.

Thursday, April 11th, 2013 by Joe Kristan

20130117-1Iowa Senate Republicans advance income tax plan.  TheGazette.com reports:

Sen. Randy Feenstra, R-Hull, said all 24 minority Senate Republicans have signed onto a proposal to significantly lower state personal income tax rates and simplify the Iowa tax code by offering a two-pronged approach that would eliminate federal deductibility and benefit most Iowans.

The Hull Republican said the proposed new tax structure would flatten the current nine income tax brackets into three, elimination of federal deductibility as a competitive impediment, enhance the current standard deduction for all taxpayers and provide an  extra boost for blind, elderly and dependent Iowans, eliminate itemized deduction, increase personal exemption credits, and raise filing thresholds.

So far I have been unable to find the bill (though it being April 11, I’m not going to spend a lot of time looking for it today).  As Senate Republicans have no chance of advancing a bill in the face of majority Democratic opposition, it’s really a gesture.  Still, it’s nice to see that income tax reform remains alive, in spite of the Governor’s indifference this year.  It’s also nice to see that the insistence on keeping the deduction for federal taxes is eroding.  Much better to build it into a lower rate.

If they keep talking taxes, they may finally see that The Quick and Dirty Iowa Tax Reform Plan is the way to go!

Radio Iowa has more.

 

Megan McArdle,  “Tax Breaks for Corporate Jets”: The Non-Issue at the Heart of the Presidential Agenda:

This is a bit weird given that President Obama rides on what is essentially the nicest corporate jet in the world.  To be fair, the President is quite right that companies do not need a tax break to buy corporate jets.  But since they don’t really get a tax break for buying corporate jets, we probably don’t need to spend this much valuable presidential time worrying about this non-problem.  

Anything to make life difficult for a high-tech U.S. manufacturer.   As long as the President continues to beat dead horses like this and the “Buffett Rule,” we know he is not at all serious.

Tony Nitti, Tax Aspects Of The President’s FY 2014 Budget

Howard Gleckman,  The Real 2014 Budget Battle May Be Over Spending, Not Taxes

William McBride,  President Obama’s 2014 Budget Takes another Whack at Savers (Tax Policy Blog)

Paul Neiffer,  Here We Go Again!

 

Cara Griffith, Crafting a Better Mainstreet Fairness Act? (Tax.com)

By enacting it?  How Democrats Will Destroy Progressive Government (Joseph Thorndike, Tax.com):

Sure, Democrats pay lip-service to infrastructure, education, and the like. But for the most part, they are profoundly unwilling  to make a wholistic case for activist, progressive government.

Actually, they probably wouldn’t get very far making the case honestly.

 

TaxProf,  Is the IRS Stalking You on Facebook, Twitter?  Is that how they caught “The Queen of IRS Tax Fraud?

Jason Dinesen,  Same-Sex Marriage, Divorce and Taxes

Me:  How much K-1 loss can I deduct?  Start with your basis.  Part of my 2013 filing season tips series.  My exciting installment on partnership debt basis goes up later this morning.

 

Oh, but it’s for our own good.  IRS Claims It Can Read People’s E-Mails Without Needing a Warrant (Joseph Henchman, Tax Policy Blog).

Jack Townsend,  KPMG Publication on FBAR Filing Requirements for Corporations and Executives

Russ Fox,  Bozo Tax Tip #2: Nevada Corporations

Kay Bell,  Top 10 things you don’t want to hear from your accountant.  How about “I’m calling from Brazil, thanks for the cash!”

He’d have had trouble during tax season.  FYI: The Guy Who Stabbed 14 People At a Texas College Wanted To Be an Accountant When He Grew Up (Going Concern)

Christopher Bergin, Why Transparency Is Like Porn (Tax.com)  No, it’s not about Lululemon.

 

News you can use.  Make Your Own Bubble in 10 Easy Steps (Bryan Caplan)

 

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Tax Roundup, 4/8/13: One week to go! And thinking out of the envelope

Monday, April 8th, 2013 by Joe Kristan
Wikipedia image

Wikipedia image

Greg Mankiw,  The President’s Latest Bad Idea:

Apparently, President Obama’s budget is going to include some kind of penalty for people who have accumulated more than $3 million in retirement accounts.  The details are not yet known, but I think we know enough to say that this is a terrible idea.

A sizable body of work in public finance suggests that consumption taxes are preferable to income taxes.  Completely replacing our tax system with a better one is, however, hard.  Retirement accounts, such as IRAs and 401k plans, are one way our tax code has gradually evolved from an income tax toward a consumption tax.  The use of these accounts should be encouraged, not discouraged.   

Unlike some of his other bad ideas, this one isn’t going anywhere.

William McBride, President Obama’s New Tax Increases (Tax Policy Blog)

 

TaxProf,  NY Times: Former Baucus Staffers Cash in as Finance Committee Tees Up Tax Reform.  Ah, the sacrifices of public service.  I bet they aren’t proposing the Instapundit revolving door tax.  Related: Max Baucus and Dave Camp,  Tax Reform Is Very Much Alive and Doable.  (Wall Street Journal).

 

Paul Neiffer. 3%-6%-12%:

One of our last posts indicated that the IRS had issued a notice indicating they might not assess the late payment penalty for returns that are extended and paid after April 15, 2013 if the return included certain forms that were delayed by the new tax law.

However, when you read the fine print, it appears that you still need to accurately estimate your tax and pay in at least 90% of this extra tax to escape the penalty.

The IRS language is:

For each taxpayer who requests or has requested an extension to file a 2012 income tax return that includes one of the forms listed in Exhibit 1 of this Notice, the IRS will deem the taxpayer to have demonstrated reasonable cause and lack of willful neglect, provided a good faith effort was made to properly estimate the tax liability on the extension application, the estimated amount is paid by the original due date of the return, and any tax owed on the return is fully paid no later than the extended due date of the return.

I suspect that the IRS will not be very strict in making taxpayers demonstrate reasonable cause, but if you have the cash, you should  pay up.

 

William Perez,  Filing Protective Claims for 2009 Tax Returns for Same-Sex Married Couples

Kay Bell, 6 ways to prepare and e-file your federal taxes for free

TaxGrrrl, Ask The Taxgirl: Home Offices And Capital Improvements

Roberton Williams, How Much Will 2013’s Payroll Tax Hikes Cut Your Take-Home Pay?

 

Peter Reilly,  Wesley Snipes Almost Out – Kent Hovind Remains In Prison

Russ Fox, Bozo Tax Tip #5: Don’t Seal the Envelope!

One of her clients mailed his tax return to the IRS but forgot to seal the envelope.  The return did make it to the IRS, but without page two of Schedule C.  The first that the client found out there was a problem was when the IRS sent him a letter noting the omission.  The second time he knew that there was a problem was when she found she was a victim of identity theft.

E-filed returns never fall out of the envelope.

 

Jack Townsend,  Good Overview Article on Financial Issues for Americans Living Abroad

Phil Hodgen,  Form 1040NR Filing, Tax Payment Deadlines

 

The criminal masterminds that the IRS can’t stop.  Tampa exotic dancer sentenced for tax fraud (tbo.com)

The Critical Question.  News Analysis: Why Are Fee Waivers Like Deep-Fried Twinkies? (Lee Sheppard, Tax Analysts; gated).

 

Stay tuned for my first 2013 filing season tip going up later this morning!

 

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Tax Roundup, 4/2/2013: Your corporate welfare is my wise economic development incentive. And what’s a vampire, anyway?

Tuesday, April 2nd, 2013 by Joe Kristan

20130117-1Not your corporate welfare.  Just ours.  Iowa Senate taxwriters have been eloquent in criticizing the corporate welfare famously doled out to fertilizer companies over the last year.  It turns out, though, that not all corporate welfare is bad, to them.  Just that proposed by the other party.  The Senate Ways and Means Committee advanced a set of its own welfare programs yesterday, including:

SF 238, which would provide a 30% tax credit (subsidy) “for persons who construct, install, and place in service an electric vehicle facility or a natural gas vehicle facility.”  So if you buy a Chevy Volt, Senate Ways and Means wants to pay 30% of the cost of installing special plug-ins.

SSB 1240, which “increases to $50 million from $45 million the amount of historic preservation and cultural and entertainment district tax credits.”  These are a cash cow for well-connected developers and rehabbers.

SF 205, which opens up an existing program to divert withheld employee taxes “to create economic incentives that can be directed towards business.”  The bill “removes the requirement that an employer…be located in an urban renewal area.”  In other words, it makes it just another “incentive” slush fund to pay people to be our friends.

So it’s not a principled opposition to business subsidies.  They just want different ones.

Far better to get the state out of the subsidy business and make the tax system good for everyone — not just those with the pull and the consultants to game the system.  Far better to enact The Tax Update’s Quick and Dirty Iowa Tax Reform Plan.

Related:  New Jersey corporate tax breaks surge, but economy lags: study

 

The courts haven’t been kind to the IRS preparer regulation power grab, but some preparers welcome our new preparer regulation overlords.  An example is Three reasons why the IRS will persist in its mission to regulate tax return preparers (Jim Buttonow)

The article takes for granted that the costs the regulations will impose will exceed the benefits:

Knowledgeable  tax return preparers—who are reminded each year through education requirements to  conduct effective due diligence on small businesses—can have a much greater  impact on compliance than IRS auditors.

That makes an unwarranted assumption: that the IRS can create “knowledgeable tax return preparers.”  It can’t.  It can make people fill out paperwork, go through the motions of paying for CPE, and take meaningless open book literacy competency tests, but it can’t make anybody competent.

The IRS has limited resources.  Semi-literate South Florida grifters are stealing billions through fraudulent refunds.  Yet the IRS seems to think its problem is honest preparers.

 

Smoke ‘em if you can afford ‘em. Monday Map: State Cigarette Tax Rates, 2013 (Nick Kasprak, Tax Policy Blog).

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Ben Harris, Hiking Dividend Taxes to Pay for a Corporate Rate Cut (TaxVox):

Finland will lower the corporate rate to 20 percent in 2014, down from the current rate of 24.5 percent (and 26.0 percent in 2011)…

Finland plans to pay for part of the rate cut by boosting the effective investor tax rate on dividends paid by companies listed on the Finnish stock exchange.

Why not instead create a full dividends-paid deduction.  It would eliminate the need for a rate preference for dividend inocme while eliminating the destructive double-tax on corproate earnings.

 

Russ Fox,  Bozo Tax Tip #9: Foreign Trusts

Paul Neiffer,  The Two Week Check List

Missouri Tax Guy,  Residential Energy Tax Credits 2012

William Perez,  Tips for SEP-IRA Contributions

 

Kay Bell, Tax Carnival #115: Final filing crunch 2013

Jeremy Scott, Tim Johnson, Kristi Noem, and the Importance of Moderates to Tax Reform (Tax.com)

The Myth of Crumbling Highways (David Hartgen).  A useful counterpoint to the construction interests lobbying for higher gas taxes.

Peter Reilly, Taxpayer Beats Idaho On Domicile But Loses On Community Property

 

Going Concern had fun yesterday for April Fools day.  This one puzzled me, though: Twilight Remake to Feature Auditors Instead of Vampires.  Isn’t that like saying the Daytona 500 will feature automobiles instead of cars?

 

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Tax Roundup, 3/28/2013: Appeals Court upholds injunction against IRS preparer regs. Also: Indicted for overstating income?

Thursday, March 28th, 2013 by Joe Kristan

 

ijlogoWith less than three weeks left in filing season, the US Federal Circuit Court of Appeals has denied the IRS attempt to overturn the injunction against their preparer regulation scheme.  From the Wall Street Journal Total Return blog:

The District of Columbia Circuit Court of Appeals denied a renewed request by the Internal Revenue Service to suspend a January 18 injunction against the agency’s effort to license tax preparers.

A three-judge panel upheld U.S. District Court Judge James E. Boasberg’s refusal to lift his injunction against the IRS’s licensing program.

This doesn’t mean the IRS has permanently lost its case, but it does mean that the IRS cannot move forward with its power grab unless and until it convinces the appeals court that it has the authority to regulate preparers.

Meanwhile, filing season continues, with no evidence that taxpayers have been harmed by the availability of preparers who haven’t passed an IRS open-book exam on Publication 17.

You would think that an agency short on staff and plagued by identity theft refund fraud would be grateful for the chance to redirect resources from a futile and wasteful regulation program.  Yet they seem to be lobbying the Senate for legislative authorization for their power grab.  Shameful, but not surprising.

Congratulations to the Insitute for Justice for another win for consumers.

 

20130328-1Iowa preparer indicted – for helping clients report too much income.  From KCRG.com (my emphasis):

 Keith Rath, of Shellsburg, was arrested last week by IRS agents after a grand jury indicted him on eight counts of aiding in the preparation and  presentation of a false tax return.

The indictment says that on  eight occasions over the years 2008, 2009 and 2010, Rath helped clients  falsely claim thousands of dollars in business income that he knew they  did not earn.

Mr. Rath has pleaded not guilty.

You might wonder why anyone would claim business income they didn’t earn.  The answer, of course, would be to claim refundable earned income tax credits.  A taxpayer with no “earned income” is ineligible for the credit.  The EITC is “refundable,” which means that when there is the credit exceeds the computed tax, the IRS will send you a check for the difference.  By reporting imaginary Schedule C income, taxpayers can (illegally) increase their refund check.

EIC fraud is a huge problem.  It is estimated that as much as 25% of EIC is improperly awarded, resulting in billions of dollars of fraudulent tax refunds.  The Iowa Senate wants to make the problem even bigger.

 

Elizabeth Malm,  Minneapolis Star Tribune Editorial Board Warns Legislators Against Higher Taxes on High-Income Earners (Tax Policy Blog).  If the Star-Tribune thinks you’ve gone too far in jacking up taxes, you’ve got a problem.

Tony Nitti,  Derek Jeter Flees New York, Tax Savings Soon To Follow .  But they keep telling us that tax migration is a myth.

Just like capital migration.  ‘Legal Enemies of the State’!  (Christopher Bergin, Tax.com):

In Tax Notes this week I wrote about abusive transfer pricing and other techniques being used by multinational corporations and their brilliant  tax advisors to avoid as much tax as possible. That these techniques are technically legal, and, some would say, actually enabled by governments like the United States and groups such as the Organization of Economic Cooperation and Development (OECD), doesn’t necessarily make them right.

In fact, the OECD itself recently issued a report – known as the BEPS report –  on how these techniques create base erosion and profit shifting. The problem is so serious, according to the report, “What is at stake is the integrity of the corporate income tax.”

The “integrity of the corporate income tax” is in the third aisle next to the chastity of the bordello.

 

Peter Reilly,  Tax Court Does Not Buy Vow of Poverty of Prophetess.   Her full title is “Prophetess, Teacher, Pastor and Certified Paralegal,” so she has something to fall back on.

Paul Neiffer,  You Can Always Do An IRA!

Cara Griffith, The Meaning of a Symbolic Vote (Tax.com).  Senate approval of sales tax on internet sales may keep the issue alive.

Tax Trials, Supreme Court to Hear Arguments in DOMA Tax Case

Patrick Temple-West,  TurboTax’s lobbying fight, and more

Jack Townsend,  Random thoughts on Ethics, Tax Opinions and A Tax Lawyer’s Life at a Big Law Firm

Kay Bell,  Don’t fall for these Dirty Dozen tax scams of 2013

 

TaxGrrrl, IRS Apologizes For Star Trek Video As Congress Jumps At Chance To Criticize Spending.  She notes that a trivial expenditure is generating a lot of political preening.  As far as I’m concerned, I’d rather they make videos than a lot of other things they do.

Well, it’s a better use of funds than preparer regulation.  Dear IRS, Please Make More Parody Videos (Going Concern)

 

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Tax Roundup, 3/27/2013: Iowa leads the nation! In high corporate tax rates. And: film scam? No prize for you!

Wednesday, March 27th, 2013 by Joe Kristan

We’re number one!  Weekly Map: Top State Corporate Income Tax Rates (Nick Kasprak, Tax Policy Blog):

Via Tax Policy Blog.

Just another dubious leadership role for Iowa.

 

 

Monday Open Thread: The Tax Man Cometh(The Other McCain).  If you were tax dictator, what would be the first bad tax law to go?  I would get rid of (in order) The AMT, Section 409A on deferred compensation, and the new net investment income tax.  But there are so many worthy candidates…

 

Philip Panitz, guest-posting at Janet Novack’s blog,  How Real Estate Investors Can Protect Themselves From The IRS:

So save all your expense receipts, try to keep a log, and try to stay friendly with—and maintain contact information for—workers and tenants. You might, for example, need to call as a witness a gardener who can say he got his instructions directly from you instead of a real estate company.  And maybe the guy who is always grousing about his plumbing needing fixing or the woman who wonders why the gardener missed a spot in his watering will be asked to testify that they kvetched to you —not a real estate agent–when the toilet needed fixing.

 

U.S. film festival cancels award to UK film after tax scamPerhaps the least of actress Aoife Madden’s problems, considering the 54 month prison sentence she got out of it.

 

Jason Dinesen,  Married Filing Separately, Iowa Tax Returns & Itemized Deductions — Am I Missing Something?  On the quirks of Iowa’s separate-combined filing status.

Roberton Williams, DOMA’s Tax Hassles for Same-Sex Couples

 

Clint Stretch,  Which Kind of Imbalanced Solution Do You Want?  (Tax.com).  Mr. Stretch is, or maybe was, a career lobbyist for a national accounting firm that I once worked for.  Considering that his career involved crafting loopholes, this is a fascinating observation (my emphasis):

I am no fan of spending through the tax code. Tax expenditures are government grants with the barest of qualification criteria administered by an agency with no subject matter expertise when it comes to the purpose of the incentive.  The incentives – from business tax credits to mortgage interest deductions – may influence behavior at the margins,
but many of the beneficiaries are rewarded for doing what they were going to do anyway.  Like direct spending; tax expenditures are spending and individuals do benefit.  Although a rate reduction or a fiscally sound government might cushion the blow, reducing tax expenditures will be another spending cut that takes resources away from affected taxpayers.  We should stop talking about spending versus taxes.  Instead, we should work on how to make reasonable, holistic reductions in major areas of government influence. 

That’s why I think he must have retired.  I don’t think he could say stuff like that if he were still lobbying.

 

Joseph Thorndike : Why the Tea Party Should Support Soda Taxes.  Because it would really annoy people, leading to a tax revolt.   It sounds like an underpants gnome approach to me.

Jack Townsend, IRS Identifies Its Dirty Dozen Tax Scams for 2013

Principles of the tax law.  Heads They Win – Tails You Lose (Paul Neiffer).  The Obamacare tax on wage income cannot be offset with farm losses.

TaxGrrrl,  All I Needed To Know About Taxes I Learned From My Kids

 

No, no, that’s not how it works, Senator.  You’re supposed to give them money.  Bored Politicians Taxing Strippers (David Brunori, Tax.com)

Group that stands to benefit from government spending calls for government spending.  (Radio Iowa)

Now the IRS is in trouble. William Shatner ‘appalled’ at IRS Star Trek video spoof (Kay Bell)

News you can use.  If You’re Failing the CPA Exam, You’re Not Making the Most of Bathroom Breaks (Going Concern)

 

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Tax Roundup, 3/20/2013: Bury the RV scofflaws in subsidized fertilizer, but remember the Maine!

Wednesday, March 20th, 2013 by Joe Kristan

20130320-1Iowa cracking down on RV tax scofflows?  Southwestiowanews.com reports:

Iowa lawmakers are putting the brakes on those who avoid paying registration fees when buying expensive vehicles.    

Under a bill recently approved by the Senate, tax evaders using so-called out-of-state shell corporations to avoid paying registration fees on RVs or other luxury vehicles will face criminal charges and penalties.

Going to jail to save a few bucks on your vehicle registration seems like a bad bet.

 

More fertilizer!  TheGazette.com reports Iowa, Illinois may have bidding war to land new fertilizer plant:

The (Decatur) Herald & Review reports that, according to Illinois officials, Iowa is offering Cronus Chemical LLC an estimated $35 million in taxpayer subsidies to build a plant in Mitchell County near the Minnesota border.

Illinois lawmakers are considering tax breaks in a proposal by state Rep. Adam Brown, a Republican from Champaign. The plant would be built near Tuscola in the east central part of the state.

Hey, Iowa Economic Development people:  Illinois is brokeBustedPlayed out.   They’re not bidding.  We don’t need to be bribing fertilizer plants to come here.  Instead give us a tax system that’s not so awful that we have to pay people to like us.

 

 

 

Jason Dinesen,  Why Would Any Enrolled Agent Support the RTRP Program? :

It baffles me that the National Association of Enrolled Agents is so in love with the RTRP program.

In their weekly newsletter to EAs last week, NAEA bizarrely referred to the unlicensed preparers who brought suit against the IRS over the RTRP program as people who want “the right to remain incompetent.”

NAEA also kissed the government’s butt by praising the “serious and vigorous” IRS attorneys who are appealing the court ruling that struck down the RTRP program. The flowery kissing-up continued as NAEA went on to opine that the government “delivered its A-game” in the appeal.

I have never seen anything good for enrolled agents in the IRS preparer regulations.  Enrolled Agents have been around a long time, and they have to meet much higher standards than the RTRPs would.  Yet the EA designation is not well understood by the public, and having the IRS officially sanction a lesser credential will probably make it even harder for EAs to get their story out.

 

William McBride, Tax Policy Center Espouses Minority View on Capital Income Taxes (Tax Policy Blog):

The preponderance of evidence points to corporate taxes being the most harmful to economic growth, followed by personal income taxes, consumption taxes, and property taxes.  Notice a pattern?  The corporate tax is the largest tax on capital income in most countries, while the personal income tax is the largest tax on labor although it also taxes
capital. 

He’s referring to this post we linked on Monday.

 

Jeremy Scott, Paul Ryan Borrows a Page From Obama’s Playbook (Tax.com): “ Much like Obama, Ryan keeps releasing the same budget every year, knowing full well that it has no chance of becoming law.”

Howard Gleckman, What the Tax Policy Center Really Said About the Ryan Budget (TaxVox).  “To the Democrats who so enthusiastically embraced our analysis, thank you for your support.  However, we did not say what you wish we had said.”

 

Jana Luttenegger,  Does the IRS Have Your 2009 Refund? (Davis Brown Tax Law Blog)

Kay Bell,  13-plus ways to cut your taxes without itemizing

Paul Neiffer,  Don’t Forget Farm Income Averaging.  Another break for farmers that nobody else gets.

Jim Maule, The Aggravation of Tax Paperwork

Peter Reilly, Only Modest Valuation Discounts Allowed On Estate Artwork

TaxGrrrl, States, Local Governments Consider Aggressive Tax Collection Efforts To Plug Budget Holes

Joseph Thorndike, It’s Not Too Late for a War Tax (Tax.com)

 

The Ellen DeGeneres constituency.  I thought it funny to see Peter Reilly’s Ellen DeGeneres Speaks Out For Spanish-American War Widowers But it’s not as far-fetched as I thought.  From today’s Des Moines Register:

There are 10 living recipients of benefits tied to the 1898 Spanish-American War at a total cost of about $50,000 per year.

The Civil War payments are going to two children of veterans — one in North Carolina and one in Tennessee — each for $876 per year.

Remember the Maine!

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Tax Roundup, 3/15/13: Corporate return day! And: Can you audit a myth?

Friday, March 15th, 2013 by Joe Kristan

Calendar-year corporation returns are due today! They are easy to extend on Form 7004 if you can’t finish them today.  If you don’t extend an S corporation return and you file late, the penalty starts at $195 for each late K-1, and $195 each for every additional month the return is late.

 

If Iowa's tax law were a car, it would look like this.

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

Joseph Henchman,  Iowa House Passes Alternative Maximum Tax: Income Tax Option Clear of Carveouts (Tax Policy Blog).  Joseph has some good things to say about the Iowa alternative tax that passed the house this week (HF 478):

I’ve never filled out an Iowa income tax form but it looks like one of the harder state tax returns. Iowa allows you to deduct what you pay in federal income tax, which is nice but is that much more calculation work (and probably drives up tax rates). There are lines for the lump-sum tax, the minimum tax, the K-12 textbook credit, the school district surtax, the motor fuel tax credit, and the earned income tax credit. I’m sure each one of these has their explanations of necessity but together it sounds like a lot of paperwork, record-keeping, and Tax Filing Day frustration.

Hence, I’m impressed by a bill passed yesterday (House File 478)  by the Iowa House which would offer an alternative to all Iowa taxpayers: a 4.5 percent tax on all income above about $15,000, which no further deductions or exemptions. It’s not perfect: our friend Joe Kristan pointed out that a credit for taxes paid to another state and a deduction for federal interest are probably constitutionally required, and offsetting deductions to certain kinds of income (allowing gambling losses if you tax gambling winnings) is good policy. But as Joe said, the bill “is a welcome step towards improving Iowa’s income tax.”

I’m hoping it’s a step towards the Tax Update Quick and Dirty Iowa Tax Reform Plan.

 

 

It’s a myth, so they’re cracking down on it!

Huffington Post, The Millionaire Migration Myth: Don’t Fall for This Anti-Tax Scare Tactic.

Bloomberg News, States Crack Down on Top Earners Who Flee as Levies Rise: Taxes

If they feel have to “crack down” on something, maybe there’s something to that myth.

 

The Ultimate Swiss Army Knife. Flickr Image courtesy redjar under Creative Commons license.

The Ultimate Swiss Army Knife. Flickr Image courtesy redjar under Creative Commons license.

Janet Novack,  Blame Congress, As Well As H&R Block And IRS, For College Tax Credit Mess. Oh, I do!  From the article:

Far be it from me to let either the Internal Revenue Service or tax prep giant H&R Block off the hook for the current mess which has delayed refunds for more than 600,000 taxpayers claiming college tax credits by up to eight weeks. In addition to their operational missteps, both did a poor job (at least  initially) of communicating with taxpayers who desperately need those refunds to pay tuition or other bills.

But let’s put some of the blame where it rightly belongs: on the Washington politicians. For more than two decades, Congress has been expanding  “tax expenditures” with little regard for how complicated such provisions might be for taxpayers to use and for the IRS to administer,  let alone for whether they do enough good to justify their cost and the economic distortions they create.  A new 1065-page Congressional Research Service compendium lists 250 different tax expenditures. Happy reading.

Every little break like this diverts IRS resources from actually collecting income taxes and makes the income tax a little less effective and useful.  Yet Congress still sees the tax law as the Swiss Army Knife of public policy.

 

Jim Maule,  Tax Depreciation: Do the Math:

No matter how well a student in the basic tax course masters the depreciation deduction to the extent it is studied, that student knows that the total depreciation with respect to a property cannot exceed its cost. All of the students would find themselves bewildered by the proposition that depreciation deductions on a property that cost $34,799 would total $56,000.

So was the Tax Court.

 

Tony Nitti,  Golfer Sergio Garcia Comes Up Short In Tax Court, But Is The Decision A Victory For Other Athletes? He won on his endorsement royalty income, so while he may not have had an undisputed win, he did OK, like a PGA golfer who gets second-place prize money.

 

William Perez,  Delays in Issuing Tax Refunds Related to Education Tax Credits

Going Concern,  IRS Won’t Be Sorry If You Never Get Around to Claiming Your Refund.  Over $900 million in 2009 refunds will be out of reach of their rightful recipients after April 15, when the 3-year window for claiming them expires.

Trish McIntire, Don’t Lose Your 2009 Refund

 

Paul Neiffer,  Will Large Farmers Be Able to Use Cash Method in the Future?!  Farmers should get the same tax rules and breaks everyone else does, no less and no more.

Kay Bell,  Will a relationship neutral tax code save traditional marriage?.  Not every problem is a tax problem.

Howard Gleckman, The Ideological Chasm Between the House and Senate Budgets

William McBride, Dave Camp Floats a Rewrite of Small Business Tax Rules (Tax Policy Blog)

 

Jack Townsend, U.S. Taxpayer Pleads to FBAR and Tax Perjury Violation

Brian Mahany, IRS Agent May Be Headed To Prison For Info Leak – Whistleblower Protection

Brian Strahle, State Tax Revenues:  Corporate Income Tax Not That Important?

Oh, Goody.  Applying for Obamacare Subsidies Will Be as Complicated as Doing Your Taxes (Megan McArdle)

 

Argo pay your taxes.  It turns out Iowa isn’t the only government whose film tax credits attract scammers.  From London comes this via Boston.com:

In some ways ‘‘A Landscape of Lies’’ was a typical indie film, with a tiny budget, a B-list cast and an award from an American film festival.           

What made it special is that it was created solely to cover up a huge tax fraud.

In fact, officials say, the project was a sham, set up to claim almost 1.5 million pounds in goods and services tax for work that had not been done, as well as 1.3 million pounds under a government program that allows filmmakers to claim back up to 25 percent of their expenditure as tax relief.

No word on whether Leo Bloom prepared the fraudulent returns.

 

News you can use: Polish Up Your Guccis. (Christopher Bergin, Tax.com).

Will there be tax reform? I think there has to be. But I don’t think it will look like theTax Reform Act of 1986 because, in short, it’s not 1986, and we don’t have the same problems or even the same tax system. That doesn’t mean there aren’t a lot of lessons to be learned from the ’86 experience. But I don’t think tax reform will happen soon. And a few of the reasons I think that come right out of “Gucci Gulch.”

I have a copy of Showdown at Gucci Gulch, the book about how the 1986 tax reforms were enacted.  I haven’t brought myself to open it; it seems too much like reading about my job.

 

TaxGrrrl,  Arrest of Dancing Mascot Puts Liberty Tax Wavers In The Spotlight

He should have hidden the cash across the pond.  Opening statements underway in Beavers tax evasion trial (WGNtv.com)

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Tax Roundup, 3/14/2013: Iowa house passes Alt Max Tax. Also: a jobs tax credit mulligan.

Thursday, March 14th, 2013 by Joe Kristan

 

20130117-1The Iowa House of Representatives approved an Alternative Maximum Tax yesterday.  It won’t get anywhere in the Iowa Senate.  But that’s probably not the point.

The 4.5% tax on AGI, with no credits and no deduction for federal income taxes, would be an alternative to the current multi-rate, high-loophole system.  Taxpayers could choose which way to file.

Of course, taxpayers would compute their taxes both ways and pay the lower amount — making it an Alternative Maximum Tax.  With the Alternative Minimum Tax, taxpayers compute their tax two ways and pay the higher amount.  It would add one more complication to an already complex system.  And, as I have noted, AGI is a flawed measure of taxable income.

The bill has just about no chance in the Iowa Senate, absent some incriminating photos of Democratic senators falling into Republican hands.  Bill opponents made dreary but predictable soak-the-rich arguments against the bill:

Democrats, however, criticized the bill for affecting just a fraction of Iowa taxpayers or for providing far more benefits to high-income earners.

Citing the Department of Revenue data, they noted about 5,000 income earners making more than $500,000 stand to save as much from the flat tax – around $90 million – as the 326,000 earners making less than $90,000 a year.

They aren’t saying that the lower earners don’t benefit.  They are just saying that the high earners benefit too much.  Of course, it means the high income earners pay a lot more tax than the lower earners right now.  It’s a silly argument — even sillier if you consider that state taxes are an awful tool for income redistribution.   My analysis indicates the bill would benefit most filers, not just the “rich.”

I don’t believe the Alt Max Tax was seriously intended to become law.  I think it was designed to try to keep the cause of income tax reform alive in a year that the Governor has no interest in it.  It may also be a trial balloon to see if a proposal that lacks federal tax deductibility would draw fatal fire from the powerful lobbying group Iowans for Tax Relief.  So far, no.  While the bill (formerly HF 3, now HF 478) is flawed, maybe it advances the debate.  Maybe next year, they’ll take up something like The Quick and Dirty Iowa Tax Reform Plan.

 

IRS extends certification rule, making Work Opportunity Credits available for all of 2012.  Congress retroactively extended the Work Opportunity Credit to 2012 at the beginning of 2013.  Unfortunately, one of the qualifications for taking the credit is to certify that an employee qualifies for the credit within 28 days of hiring.  That made the credit useless for most of 2012.

The IRS has now given employers until April 29, 2013 to file the necessary paperwork with the local Job Service offices.  Notice 2013-14 has the details.  Accounting Today has more.

 

If they can’t keep their own in line, how well would they do at regulating preparers?  Jury convicts former IRS worker of tax fraud (philly.com)

 

Andrew Lundeen, Deficits Per Person Expected to Fall, Then Rise over Budget Window (Tax Policy Blog).  With charts:

20130314-4

 

Cara Griffith, Will Tax Free Shopping Be a Way of the Past in Oregon? (Tax.com)

TaxGrrrl, Ask the taxgirl: Paying For Kindergarten

Phil Hodgen,  Apartment security deposits and Form 8938.  Is a security deposit a foreign financial asset?

Jack Townsend,  Statutes of Limitations for FBAR Noncompliance Related to Tax Noncompliance

Patrick Temple-West,  Senate Democrats propose new taxes, and more (Tax Break)

Paul Neiffer,  When Congress Says “Simplified” Watch Out!.  “WARNING – THIS IS MY LONGEST POST EVER”

Kay Bell, Cap tax deductions, says former Reagan economic adviser

Daniel Shaviro,  Corporate tax reform?

 

It was the profanity. One of them said “dam.”  Judge puts gag order on attorneys in Beavers case (Chicago Tribune)

Tony Nitti,  District Court Rules That TurboTax Can Continue Making Fun Of H&R Block In Its Commercials (Again)

Going Concern, A CPA’s Guide to a Successful Observance of St. Patrick’s DayI prefer to observe it from a safe distance.

 

When you are running a big criminal tax conspiracy, never hit “reply all”.  From Bloomberg News:

Everybody knows the danger of sending things inadvertently in an e-mail. Beda Singenberger’s case shows you also have to be pretty careful when you mail things the old-fashioned way.

Over an 11-year period, federal prosecutors charge, Swiss financial adviser Singenberger helped 60 people in the U.S. hide $184 million in secret offshore accounts bearing colorful names like Real Cool Investments Ltd. and Wanderlust Foundation.

Then, according to a prosecutor, Singenberger inadvertently mailed a list of his U.S. clients, including their names and incriminating details, which somehow wound up in the hands of federal authorities.

Via the TaxProf.

 

Corporate returns are due tomorrow.  That means you have to queue up your extension or balance due payments on EFTPS today!

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