Posts Tagged ‘Phil Hodgen’

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

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

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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, 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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Tax Roundup, 10/3/2012: abbreviated edition

Wednesday, October 3rd, 2012 by Joe Kristan

Sorry, only links this morning:

Des Moines Register,  Off-duty police officers dispute Iowa sales tax rationale

TaxProf, TPC: 90% of Americans Face Average $3,500 Tax Increase From Fiscal Cliff; Rich Face Largest Increase

Anthony Nitti,Supreme Court Declines to Hear Watson, A Critical Case on S Corporation Reasonable Compensation

Kay Bell, Rep. Wile E. Coyote, aka a cartoonish Congress teetering on the fiscal cliff edge

Jim Maule, Dependency, Government Spending, Tax Breaks, and Middle School

Jason Dinesen,  Would a New Name Help Enrolled Agents?

Phil Hodgen, Property Transfers Between Spouses: Gift Tax

TaxGrrrl,  Investigation Into Bank Bailout Fraud Leads to Tax Charges

Richard Morrison, Chart of the Day: Number and Percentage of Nonpayers Has Reached Record Levels (Tax Policy Blog)

David Brunori,  Hawaii’s Solar Power Cronyism  (Tax.com)

Howard Gleckman, Will Going Over the Fiscal Cliff Make a Budget Deal Possible? (TaxVox)

It’s Wednesday,  the day you can catch the Buzz at Robert D. Flach’s place

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Tax Roundup, 8/2/2012: You pay for everything. If you pay less, where’s my benefit? Plus beating the sales tax holiday to death, but missing the film credit story again.

Thursday, August 2nd, 2012 by Joe Kristan

TPC: Romney Plan Would Cut Taxes for Rich, Raise Taxes on Middle Class and Poor.  (Tax Prof).  Some news, folks: if spending doesn’t come down drastically, taxes are going up for the middle class and the poor anyway.  If you raised the rates on “the rich” to 100%, it still wouldn’t cover what the government is spending now.

How Did the Tax Code Get So Progressive? (William McBride, Tax Policy Blog) talks about the TPC study:

The main thing missing here is the context of our current federal income tax code.  Imagine a society with 5 people, where the two richest people pay all the taxes, the middle person pays nothing, and the two poorest people actually have a negative tax rate, meaning the rich are paying them through the tax code.  Then any cut in the tax rate will disproportionately benefit the rich guys.  This is the federal income tax code, in a nutshell.  According to the CBO, the top 20 percent of households pays 94 percent of federal income taxes.  The bottom 40 percent actually have a negative income tax rate, and the middle quintile pays close to zero. 

An illustration:

 

If “the rich”  pay all the taxes, then of course tax cuts will disproportionally benefit them.

We’ve cut government spending to the bone!  The bone just seems to keep getting bigger (Donald Marron, TaxVox)

 If you look at the two lines on the chart, you can see that spending on “goods and services” isn’t going up much.  That means they’re just taking a lot more of your money to give to their friends.

Still no media coverage of the last film tax credit trial.  Seeing that the Des Moines Register just jacked up home delivery for my usually-unread papers to $25 per month, it would be nice if they actually covered something.  Well, there’s this: Celeb tweets to Gabby Douglas.  Of course, they all missed the real story when the film tax credit was enacted, so at least they’re consistent.

Missouri Taxpayers paying taxes to cover the K.C. Royals payroll taxes.  (810whb.com, via Going Concern)

In case you haven’t heard, Iowans, the Annual sales tax holiday is Friday and Saturday (Dar Danielson, Radio Iowa). It applies for clothes and shoes. Jason Dinesen reminds us about Back to School Supplies and the Iowa Tuition and Textbook Credit.

Big charitable contribution, no deduction?   My new post at IowaBiz.com covers traps in appreciated property charitable contributions.

Phil Hodgen is back from a scouting trip to Quetico Provincial Park, the Canadian side of the Boundary Waters wilderness, with Basis step-up on assets inherited from nonresident

Sort-of related: more pictures from my recent Boundary Waters scout trip.

Peter Reilly, IRA Rollovers – Let’s Be Careful Out There

Patrick Temple-West, Essential reading: Payroll tax cut on track to quietly expire (Tax Break)

Trish McIntire, Drought, Farms and Taxes.

TaxGrrrl, Marriage Or Divorce Can Be A Name Changer

Kay Bell, Tax moves to make in August 2012

The New Jersey Tax Guy is fleeing to Pennsylvania.  Good luck with the move, Robert!

Asking the tough questions: Why Am I Paying for a Prancing Horse? (Christopher Bergin, Tax.com) and  Should Our Olympic Heroes Pay Tax on Their Winnings? (Anthony Nitti)

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Tax Roundup, 7/12/2012: S corporation distributions aren’t fraudulent conveyance. Also: why Amazon will pay sales taxes; Daffy Chuck

Thursday, July 12th, 2012 by Joe Kristan

Bankruptcy court rules that S corporation payment of shareholder taxes not a fraudulent conveyance.   S corporations don’t pay taxes; their income is taxed on shareholder returns.  Shareholders rely on distributions from the corporations to enable them to pay the taxes. 

A Virginia S corporation paid shareholder taxes attributable to the S election, and not long afterwards ended up in bankruptcy.  The bankruptcy trustee sued to recover the the taxes from IRS, saying they were “fraudulent conveyances” made without consideration. 

Fortunately, the bankruptcy judge was sensible:

Broadly stated, “as long as the unsecured creditors are no worse off because the debtor, and consequently the estate, has received an amount reasonably equivalent to what it paid, no fraudulent transfer has occurred.”

In this instance, it is clear that there is a benefit derived by the corporation from this arrangement. The summary judgment record shows a taxable income of $1,559,954, which was passed through to the shareholders. The IRS calculated the tax that would have been paid by the corporation had it been a chapter C corporation and not a chapter S corporation. The benefit to the corporation of the election was significant.

It would be a planning nightmare if taxpayers who thought they had paid their taxes had them pulled back from the IRS in bankruptcy.  Cite: In Re Kenrob Information Technology Solutions, Inc., Bankruptcy Court, ED-VA

Will the push to make Amazon pay local sales taxes destroy local retail? Slate reports:

In response to pressure from local businesses, many states have passed laws that aim to force Amazon to collect sales taxes (the laws do so by broadening what it means for a company to have a physical presence in the state)… But suddenly, Amazon has stopped fighting the sales-tax war.

Why?

 Now that it has agreed to collect sales taxes, the company can legally set up warehouses right inside some of the largest metropolitan areas in the nation. Why would it want to do that? Because Amazon’s new goal is to get stuff to you immediately—as soon as a few hours after you hit Buy… It’s hard to overstate how thoroughly this move will shake up the retail industry.

Be careful what you lobby for.  (Via Megan McArdle’s twitter feed)

Roger McEowen: Court Says IRS Position Wrong on Tax Impact of Insurance Company Demutualization.  But as we noted yesterday, it didn’t care for the taxpayer’s position either

Anthony Nitti also weighs in with  District Court Refuses to Apply Open Transaction Doctrine to Insurance Company Demutualization

Kay Bell, Home sale profits usually don’t create any tax bills for residential sellers

David Brunori:  Free the Puppies, Tax a Millionaire (Tax.com)

In Defense of Lindsey Graham—and (Legal) Tax Evasion (David A. Graham, The Atlandtic)

Really?  Fight Over Tax Rates Is Meaningless, Really (TaxGrrrl)

Jason Dinesen allitetively addresses Deducing Whether Deductibles are Deductible

Because it’s the biggest issue facing the country, right? Essential reading: Attacks on Romney for offshore assets, taxes heat up, and more (Nanette Byrnes) 

News you can use: Julian Block Explains How To Save Taxes While Being Kind To Animals (Peter Reilly)

Schumer would know despicable. From Phil Hodgen:

I was interviewed today for the NBC Nightly News. They did a story about expatriation (focusing on Denise Rich). The best feature — Charles “Despicable” Schumer’s usual ad hominem attacks. He labels people who expatriate of being “despicable” (watch the video). Senator Schumer’s remark so reminded me of Daffy Duck. (YouTube).

How dare the jaywalkers not stand still while we shoot at them!

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Tax Roundup, 6/21/2012: TaxGrrrl has a book; Iowa walks into the bar with your purse

Thursday, June 21st, 2012 by Joe Kristan

 TaxGrrrl has a new E-book out:Ask the TaxGirl: Everything Parents Should Know About Filing Taxes (Including Child Care Expenses, Medical Costs, and the Earned Income Tax Credit)“  $2.99 on your Kindle, surely a bargain.  Even more so if you also subscribe (99 cents per month) to the Tax Update Blog on Kindle!  

Kay Bell: Day camp, the tax advantaged summer child care solution for working parents

Taxing you to lure and subsidize your competitors: State economic development board to consider incentives for Von Maur, Amcor, others (Des Moines Register)  It’s like a guy walking into a bar with his wife’s purse to buy drinks for the girls.  They might let him buy drinks, but they won’t be impressed, and they sure won’t stick with him when his cash runs out. 

U.S. taxpayers abroad can extend filing deadline to December 15 (Phil Hodgen)

Jack Townsend: Is Israel the New Switzerland for U.S. Tax Compliance?

TaxDood: Offshore Tax Investigations: First Switzerland, Is Israel Next?

TaxTV: Tip Wages Subject to Employment Taxes Receive Clarification by IRS

Jana Luttenegger, IRS Issues Temporary Regulations on Portability (Davis Law Firm Tax Blog)

Shock: figure associated with Blagojevich charged with tax fraud (Hindustan Times)

Not safe for work?Bloomberg Pulls Up the Skirt on Romney’s Tax Proposal” (Anthony Nitti)

You never know what sort of career a public accounting background can lead to.  (Going Concern)

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Tax Roundup, 6/20/2012: tax corruption in Quebec; grunge rock bands aren’t good at accounting.

Wednesday, June 20th, 2012 by Joe Kristan

Quebec goes third world?  Official corruption may be the biggest barrier to economic advancement in poor countries, so this news from our northern border from Russ Fox is extra depressing:

There may be some shenanigans happening north of the border. Canada’s Globe and Mail reports that the Royal Canadian Mounted Police are investigating officials at Canada Revenue Agency over a a $1 Million alleged kickback scheme. The allegations revolve around an accountant whose firms received a $10 million tax bill. CRA officials told the accountant that for just $1 million (and later, for $300,000) they could make the problem vanish.

The problems appear to be centered in Quebec, and involve the accounting, construction, and restaurant industries.

When the revenue agents are shaking you down for bribes, that’s the road to the happy world of Russia.

It’s Buzz Wednesday at Robert D. Flach’s place.  Robert offers a buffet of tax news from all over.

Jobs creation, Shulman-style: Phil Hodgen needs to hire an international tax lawyer for his firm.

Taking money from you to fund somebody else’s water heater: Iowa Now Offering a Credit for Solar Projects (Jason Dinesen)

Howard Gleckman: Listen Closely When Romney Talks About Taxes (TaxVox)

Kaye A. Thomas: Proposed Regs on Indebtedness Basis for S Corporation Shareholders

News you can use:  If You’re Planning To Send Your Business Offshore, Democrats Will Happily Tax You On The Way Out (Anthony Nitti)

Shock! A rock band had weak internal controls. Going Concern has more: Pearl Jam Had a CFO?

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They’re not shooting rich jaywalkers

Wednesday, May 9th, 2012 by Joe Kristan

Bruce Bartlett, the Denethor of small government fans, says that the spike in expatriations isn’t due to rich folks fleeing the country. (via the TaxProf)  That’s certainly true.  Why are they leaving?  His take:

The reality is that taxes are just one factor among many that determine where people choose to live. Factors including climate, proximity to those in similar businesses and the availability of amenities like the arts and cuisine play a much larger role.

He hasn’t been paying attention.  Tax Update readers and followers of the excellent work of Jack Townsend and Phil Hodgen know that the problem is not high tax rates.  It’s the IRS enforcement approach of shooting jaywalkers.  It’s the severe financial penalties for trivial paperwork violations and the high cost of complying with the ever more severe offshore reporting requirements for citizens abroad.  If you have permanently moved abroad, or if you are an “accidental” citizen — say, a Canadian born in the U.S. while your parents were attending school here — you tire of being treated like a criminal for failing to file paperwork that you had never heard of.

More from Peter Pappas.

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Another victory in Shulman’s war against international tax cheats!

Thursday, April 12th, 2012 by Joe Kristan

File:US Permanent Resident Card 2010-05-11.JPGThe IRS international tax compliance pogrom seems to work under the assumption that you need to terrorize the innocent to catch the guilty.  Phil Hodgen has an important story about how these efforts hound the innocent out of the country:

He has no U.S. tax exposure since he pays more in tax there than he would pay in the United States.  So he’s not doing this to save income tax.  This is the common assumption:  that people leave the USA to avoid paying tax.  My experience is quite the contrary.  This gent is typical.

His business takes him back and forth from Europe to the United States and it would be exceedingly valuable for him to remain a green card holder.  Yet today he sent in the forms to cancel it.

Wait.  If he’s not a tax cheat, what’s he afraid of?

The U.S. tax complexities would force him to lose an opportunity to participate in a startup business.  His tax situation is so anomalous compared to the other participants that he would either have to absorb enormous compliance costs himself, or be barred from participating in the business as too much trouble.

So there you have it.  A person who gets things done.  Who builds businesses.  He’s been pushed out of the USA because of U.S. tax compliance burdens.  Not U.S. tax.  U.S. paperwork.

Commissioner Shulman’s ham-handed enforcement of international tax rules, and the FATCA rules that only make it worse, will impose unintended, but easily foreseen, damage on the economy for years to come.

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Americans abroad become the lepers of international finance

Monday, March 12th, 2012 by Joe Kristan

The much-touted FATCA “crackdown” on offshore accounts has predictibly made life difficult for Americans working overseas. A testimony at Phillip Hodgen’s’ place:

I personally was denied banking services in the US soon after I established myself in Europe. I was unable to maintain a brokerage account and lost thousands in gains that I was not allowed to realize. The brokerage, Donaldson, Lufkin, Jeanrette closed my account without prior notice (the letter arrived weeks later). My banking relations for simple things like credit cards and checking account in the US (needed to pay student loans and other occasional purchases in the US) have been strained to say the least.
European banks told me to buzz off when I tried to open brokerage accounts… Now, despite my US nationality, the banks tell me to go to H every time I try to do anything.

Well done, Congress! Well done, Mr. President!
UPDATE: Robert W. Wood, Despite FATCA, FBAR Penalties Still Under Fire

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Is now the time to dump overdue FBARs on the IRS?

Wednesday, February 15th, 2012 by Joe Kristan

Maybe. Phil Hodgen passes on a report that the Detroit center that processes foreign financial account disclosures is behind in processing “millions” of the forms. Phil ponders the pros and cons:

This tells me that if you are a normal person with unfiled FBARs, now is the time to dump them into the system. Your delinquent filings will be compared against the cohort of other filings entering into the system. In your favor you have IRS overload and you have a very large bell curve distribution of taxpayers.
The hard decision is to guess how you look compared to the expected pool of filers. Among those “millions of documents” what will yours look like? You hope that the IRS behaves like Foghorn J. Leghorn. The person who opens your envelope merely glances at your FBARs, and snaps “Go, I say, go away, boy. Ya bother me.” (Sound file)
That decision is where you need to talk to someone smart and experienced.

Good advice. Just hope the IRS clerks aren’t feeling all Clint Eastwood, rather than Foghorn Leghorn.

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Why Apple leaves its $82 billion offshore

Monday, January 16th, 2012 by Joe Kristan

Phil Hodgen explains:

If the foreign profits are transferred to back to the Mothership in Cupertino, they get taxed…
That

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Traffic jam of fleeing jaywalkers

Wednesday, November 9th, 2011 by Joe Kristan

Phil Hodgen has some depressing news from the international tax front. The IRS rampage against trivial tax noncompliance by Americans abroad has come to this:

A client has a pending application to cancel his U.S. citizenship at the Vancouver Consulate. Today he received the following email from the Consulate:

From:

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Ignore the idiots

Monday, October 31st, 2011 by Joe Kristan

In the wake of the second FBAR Amnesty, International tax attorney Phil Hodgen collects his thoughts:

The life lesson there

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Who needs the State Department when you have IRS?

Tuesday, October 4th, 2011 by Joe Kristan

IRS Commissioner Shulman’s efforts to provoke war with Canada continue apace. Phil Hodgen reports:

The Premier of New Brunswick is in the OVDI. In an article published on Saturday in the online Telegraph-Journal, we see a prominent Canadian politician

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So the 2011 offshore FBAR amnesty is over. What now?

Monday, October 3rd, 2011 by Joe Kristan

Phil Hodgen has some advice for those with offshore account problems who sat out the amnesty. He wisely starts:

For God

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Shulman’s great Canadian Pension Raid

Tuesday, September 27th, 2011 by Joe Kristan

When he’s not busy fingerprinting tax preparers — after all, we’re all just itching to be criminals should the IRS let down its guard for a moment — IRS Commissioner Doug Shulman is busy trying to raid the pensions of Canadians working in the U.S. Phil Hodgen has the infuriating details.
Jack Townsend has more.

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Why IRS agents seldom transfer to the Foreign Service

Tuesday, August 30th, 2011 by Joe Kristan

Now the IRS has done it. They’ve made Canada mad.
The pursuit of enormous fines for paperwork violations for U.S. citizens abroad has gotten bad enough that it threatens a diplomatic row:

For over a month, NDP MP Don Davies has been receiving worried calls from constituents with U.S. citizenship who fear the American government will impose severe penalties on them — up to 50 per cent of a major asset — if they don’t file their U.S. taxes by August 31, 2011.
“It’s outrageous,” said Davies. “Ninety-eight per cent of the people we’ve talked to are not trying to avoid paying U.S. taxes, but they have just had so little connection to the States so far that they didn’t even know they had to report to the IRS.”

Maybe it will take a firm stand by the Great White North against the IRS jaywalker shooters to restore a touch of sanity to the IRS offshore compliance pogrom.
Via Phil Hodgen.

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