Posts Tagged ‘Scott Hodge’

Tax Roundup, 5/6/2013: Iowa tax policy receives recognition! And – potassium forever?

Monday, May 6th, 2013 by Joe Kristan

20130117-1David Brunori doesn’t think much of the tax wisdom of the Iowa House of Representatives ($link):

The Iowa House of Representatives recently passed the Iowa Reinvestment Act, which would allow companies to keep sales tax revenue they collect rather than turning it over to the general fund as the citizens think will happen. Basically, the act is designed to allow businesses to recoup the cost of development. The state has done that before to allow the public to help finance a speedway and other projects that apparently  can’t be justified in the free market. The vote for that abomination of tax policy was 87 to 9. That’s what we call bipartisan bad tax policy.

Just more of using your money to subsidize the well-lobbied and well-connected.

Related: David Cay Johnston, Subsidies – Good News and Not So Good (Tax.com)

 

Jim Maule leaps from his blog to Tax Notes, IRS-Prepared Tax Returns: A Theory That Doesn’t Work in Practice.  (Via the TaxProf):

The idea of the IRS preparing individuals’ returns is a classic example of a theory that cannot survive in a practical  world. Like most theories, it deserved an experiment. It had that chance, in California, and it failed, with only a tiny portion of the eligible population deciding to participate.

Making taxpayers’ lives easier is a matter of simplifying the tax law, not enabling the complexities by turning tax preparation over to the IRS.

This strikes me as wise.  I just can’t imagine IRS data processing ever making this possible, considering the complexity of the income tax and the way Congress changes it all the time.

 

Brian Gongol on the Obama Administration’s proposed $3.4 million cap on retirement account accumulations:

On one hand, $3.4 million is a lot of money — nobody should doubt that. But we’re also nearly completely blind in America to how much is “enough” for retirement. Many people would say the word “millionaire” and imagine Uncle Pennybags or Uncle Scrooge. But consider this: If you wanted to get $40,000 a year in retirement income and do it just on interest payments alone (in other words, if you were trying to avoid taking anything out of your nest egg and just live on the interest), then if you had your money in “safe” 10-year Treasuries earning 1.78%, then you’d have to have more than $2.2 million in the bank. Under those conditions, “rich” doesn’t really look so rich anymore.

I don’t think the nation’s biggest problem is people saving too much.

 

Holding your breath for tax reform?  Exhale.  Martin Sullivan says tax reform is on the Fast Track to Nowhere. (Tax.com)

Donald Marron,  Immigration, Dynamic Scoring, and CBO (TaxVox)

 

Kay Bell,  5 tax tips for Cinco de Mayo

Brian Mahany,  FINRA Issues Warning On Nontraded REITs – Stockbroker Fraud Post

We have written several times about the dangers of nontraded or thinly traded REITs. They are a popular way of investing in real estate but they can be difficult to sell or liquidate if an investor suddenly needs cash.

I saw an elderly, ill client with severe cash problems while holding a private REIT investment that he couldn’t cash out.  This really does happen.  This is not a problem with widely-traded REITs, which are as liquid as any stock.

Jim Maule,  Why the “Toss Tax Records After Three (or Seven) Years” Advice is Bad.  I never throw away tax returns, and you need to keep records to support the cost of shares and big assets.  If you have loss carryforwards, you need to keep the records that support the losses as long as you are using the carryforwards.

Trish McIntire, RAL Fees in Court

Scott Hodge, In Memorial: Gordon Paul Smith.  We lose an important tax scholar.

 

Jack Townsend,  Article on Singapore Crackdown on Singapore Bank Accounts Used for Other Country Evasion

 

The tax law: is there anything it can’t do?  Scientist Pitches Proposal to Curb Bird Deaths: A Tax On Cats  (TaxGrrrl)

 

Potassium forever?  An accused embezzler apparently was in no hurry to stand trial.  From StarTribune.com:

A Texas man faces more than 16 years in federal prison for his role in a scheme to bilk nearly $400,000 from his former Eagan employer, Advantage Transportation.

Clayton “Craig” Hogeland, 43, also obstructed justice by faking a life-threatening medical condition, U.S. District Judge Patrick Schiltz found. That caused delays for both his trial and sentencing hearing.

How did he delay his trial?

Further health-related delays stretched out the trial before his conviction on Dec. 6, 2011. He was placed in custody Jan. 8, 2013, and the erratic blood potassium readings stopped. Six days later, his wife reported to federal authorities that she found in his belongings four zip-top bags of what turned out to be potassium chloride.

Despite his continuing complaints about symptoms after being jailed, tests revealed no abnormal blood potassium levels, the prosecution said.

I’m not sure this was well thought-out.   What’s the next move?  More potassium?  Maybe when you are looking at 16 years in federal prison, delay is its own reward.

 

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Tax Roundup, 12/26/2012: legislator wants a $310 million train set for Christmas.

Wednesday, December 26th, 2012 by Joe Kristan

Iowa’s legislators get $800 million to play with for Christmas. Naturally, many of them think they can spend it better than those of us who gave it to them, based on a Des Moines Register report today quoting a bunch of prominent state politicians.

For example, Joe Bolkcom, Iowa City Democrat and Chair of the Senate Ways and Means Committee:

“We have a silent crisis in the number of kids and the number of our children living in poverty in our state,” Bolkcom said. “One of my top priorities will be addressing that crisis as a matter of tax policy. We need to use some of this tax surplus to make a substantial boost in the earned income tax credit.”

Bolkcom also favors appropriating $20 million as a state match to help  secure an $87 million Federal Railroad Administration grant to establish passenger train service between the Quad Cities and Iowa City, a move he says would create hundreds of jobs.

That’s two awful ideas.  As we have pointed out, increasing Iowa’s earned income credit would impose a brutal combined effective income tax rate of over 50% on low income workers — rewarding dependency and punishing taxpayers for emerging from poverty.

20121226-1And for the passenger rail plan — that’s ten kinds of crazy.  With the Megabus making three daily runs between Chicago and Iowa City for no more than $39.50 — and for as little as $1.50 — it’s hard to imagine a less urgent priority than pouring $20 million into a $310 million federal-state boondoggle to establish rail service that will lose millions annually selling $42 tickets for slower service.

Unfortunately, none of the politicians quoted by the Register proposes using the surplus to overhaul Iowa’s dysfunctional and business-hostile income tax. There is a better way:  Lower the rates, simplify the system, repeal the job-killing corporation income tax, and eliminate the corporate welfare deductions and tax credits.  In other words, The Quick and Dirty Iowa Tax Reform Plan.

Related:  You’d better waste your $20 million, or we won’t waste our $80 million!

 

Fiscal Cliff Notes

Kay Bell,  With the Mayan end of world threat over, it’s time to focus on the fiscal cliff

Can I return it?  AMT, the Gift You Don’t Have to Wrap!  (Trish McIntire)

 

Paul Neiffer,  One Week to Go Checklist

Missouri Tax Guy, Can an LLC be Taxed as an S Corp

Jason Dinesen,  Dinesen Tax Greatest Hits – The 5 Most Popular Blog Posts of 2012

Scott Hodge,  Taxing Guns to Pay for Cops in Classrooms? A bad idea to fund another bad idea.

That’s the way to bet, anyway.  Sometimes the Cynics Are Right  (Russ Fox)

Loss carryforwards?  Why Santa Won’t Owe Any Income Taxes This Year (TaxGrrrl)

Robert D. Flach won’t let the post-holiday letdown kill his Buzz!

Because I want to finish reading the phone book first?  Why Not Read the Entire Sales Tax Statute? (Jim Maule)

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Tax Roundup, 11/29/2012: Lemmings, cliffs and itemized deductions. And beating you until their morale improves.

Thursday, November 29th, 2012 by Joe Kristan

Maybe this is a good year to use itemized deductions after all.  Consider this story in the Des Moines Register,  Iowa GOP delegation may break anti-tax pledge:

Grassley said Republicans are willing to ignore the pledge and tap more tax money “from the same wealthy people (President Barack Obama) wants to get it from.”

Where they differ is that Obama would bump the marginal tax rate to 39.6 percent, Grassley said, while “we would suggest raising the same amount of revenue the president wants to raise by capping deductions for wealthy people.”

If Iowa Senator Grassley and the other tax increase lemmings get their way, it will be a big backdoor tax increase on owners of pass-through businesses that have their income taxed on their 1040s.  While corporations get to deduct their state income taxes on their businesses in full, individuals have to take their state income taxes on business activities “below the line” as itemized deductions.  Treasury Regulation 1.62-1T(d) explains:

To be deductible for the purposes of determining adjusted gross income, expenses must be those directly, and not those merely remotely, connected with the conduct of a trade or business. For example, taxes are deductible in arriving at adjusted gross income only if they constitute expenditures directly attributable to a trade or business or to property from which rents or royalties are derived. Thus, property taxes paid or incurred on real property used in a trade or business are deductible, but state taxes on net income are not deductible even though the taxpayer’s income is derived from the conduct of a trade or business.

This would be bad news for business owners in high-tax states or whose businesses operate in multiple states — one of their bigger business expenses would become non-deductible if itemized deductions are capped at, say, $50,000.  Somebody should mention to Senator Grassley that Iowa has a high state tax rate.

The push for deduction caps adds another wrinkle to year-end planning.  With rates going up, you would normally defer deductions to next year to get a greater benefit from them.   The cap changes that for taxpayers with high itemized deductions.  If a deduction cap is enacted, it is likely to be effective for 2013.  Better a lower-rate benefit this year than no benefit at all next year under a deduction cap.

The saddest thing about this is the whole game of “taxing the rich” is a stupid distraction.  The $80 billion or so it would raise annually is rounding error in a $1.2 trillion deficit.  Even taxing 100% of the income of “millionaires and billionaires” won’t cover the budget deficit.  The rich guy isn’t buying.

TaxProfTwo-Thirds of Millionaires Left Britain to Avoid 50% Tax Rate.  I doubt many of them headed to France.

Don’t worry, they’ll make it up in free health care.  Iowa’s part-time workers face cut in hours (Des Moines Register):

More than 50 uninsured part-time workers for the city of Cedar Falls will see their hours cut this week so the city can avoid paying for their health insurance under President Barack Obama’s signature health care law.

The move comes as a 12-month “look back” period begins under the new Patient Protection and Affordable Care Act. During the 12 months leading up to 2014, employees working more than an average of 30 hours a week must be offered health care insurance in January 2014.

Nothing is free.

Only time for a very quick roundup today.

Roberton Williams,   TPC’s New Tax Calculator Examines Fiscal Cliff Options (TaxVox)

TaxGrrrl,  Preparedness 101: What Not To Do In 2012 As Tax Rates Creep Up

Christopher Bergin,  The Other Cliff; Hint: It’s in Your Tax Return (Tax.com):

Just think of the insanity. Millions and millions of taxpayers, who every year plan on their refunds (the wisdom of which is an issue for another day) won’t get them on time. They get screwed (a technical tax term).

Paul Neiffer,  Don’t Forget Your Form 1099 Responsibilities!

Anthony Nitti,  Predicting The Future: What Will Your 2013 Tax Liability Be?

The Eagle has landed.  IRS deal means museum home for ‘Canyon,’ no tax bill for former owners (Kay Bell)

Going Concern:  Mo’ Money Taxes Founder Won’t Let Mo’ Problems Keep Him From Serving Clients

Scott Hodge,   Buffett’s Case for Minimum Tax on the Rich Fails on All Accounts  (Tax Policy Blog)

Your beatings will continue until their morale improves.   Warren Buffett: Tax Hikes on Rich Would ‘Raise Morale of the Middle Class’ (TaxProf)

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Tax Roundup, 11/15/2012: Austerity: I don’t think that word means what you think that means. Also: Harleys!

Thursday, November 15th, 2012 by Joe Kristan

Scott Hodge, President’s $1.6 Trillion Tax Bid Lowers GDP, Wages, Living Standards (Tax Policy Blog):

According to this morning’s Washington Post, President Obama’s opening tax offer in his negotiations with Congress over the Fiscal Cliff is the $1.6 trillion in new taxes that were the centerpiece of his FY 2013 budget. Recently, Tax Foundation economists used our Tax and Macroeconomic Model to simulate the long-term economic impact of the President’s proposals – specifically, his proposals to increase taxes on high-income taxpayers [full report here].

In short, the model results indicate that the President’s plan would not only lower GDP and capital formation, but it would reduce after-tax incomes for every household – not just families hit by the higher taxes.  

No, we’ll just sink the rich guy’s end of the boat!

 

Linda Beale,   Calling all Americans: we face an “austerity crisis” not a fiscal “cliff”; we need a piecemeal solution, not a “grand bargain”.  Austerity?  Really?

Source: Heritage Foundation

If that’s austerity, I’d hate to see what free spending looks like.

 

We’ll never know, will weWould Mitt Romney Have Wanted to Raise Taxes Too? (Ed Krayewski, Reason.com)

Going Concern,   The Fiscal Cliff: As a CPA, People Expect You to Know this Crap

Anthony Nitti,  More On The Fiscal Cliff.

Patrick Temple-West,   Essential reading: Senate Finance chair sees flexibility on Bush tax cuts, and more (Tax Break)

Paul Neiffer,   No AMT Extender May Prevent Farmers From Filing on March 1

Daniel Shaviro,   Obama’s reply to the Republicans on closing income tax “loopholes”

Andrew Mitchel,   I.R.S. Rules that Mexican Fideicomiso is Not a Trust.

This ruling has broad implications for many taxpayers owning real estate in Mexico.  Taxpayers for years have had questions about whether Mexican fideicomisos are trusts.  Some if these taxpayers may have even entered into voluntary disclosure programs and paid significant penalties over the fear that they may be subject to various penalties.  However, if a Mexican fideicomiso is not a trust, then it is not a foreign trust, and no Form 3520 or Form 3520-A would be required to be filed.

Of course, private letter rulings are directed only to the taxpayer requesting it and they may not be used or cited as precedent. However, Rev. Rul. 92-105 is a ruling on which taxpayers can rely and can cite as precedent.  Because there can be huge penalties for failing to file Forms 3520 and 3520-A and because the terms of each fideicomiso will vary, taxpayers should be cautious in determining whether they need to file Forms 3520 and 3520-A for Mexican fideicomisos.   

Let’s hope the IRS provides more guidance so we can know what needs to be filed.

 

When “thank you” doesn’t cut it:

When a charity receives a gift, it needs to say more than a simple thank you.

The Internal Revenue Service requires that a donor produce a record from the charity to show a gift over $250 had no strings attached. A thank you note can be a good enough record, as long as it includes the magic words: “No goods or services were received in exchange for the contribution.”

Without the magic words, you get no deduction, even with a cancelled check.  Arden Dale explains in the Wall Street Journal (Via Tax Break)

 

Robert D. Flach,  LOCK IN 2012 MEDICAL DEDUCTIONS.  “… did you know that beginning with tax year 2013 the AGI exclusion increases to 10% for taxpayers under age 65?”

Kay Bell,   Zero capital gains tax rate set to disappear on Jan. 1, 2013

Russ Fox,  FTB Appeals Gillette Decision.  This is a big deal to any multistate business with California taxes.

TaxGrrrl,  Janeane Garofalo Finds Out She’s Been Married… For 20 Years.  Tax hilarity ensues.

 

IRS, vintage Harley Dealer. The IRS will be auctioning a bunch of antique motorcycles in Elkmont, Alabama on December 1, including this “1946 Flathead”:

 

Details here.

 

Isn’t it immoral to send money to the tax man that should be going to the shareholders?  United Kingdom M.P., Margaret Hodge, has an odd moral code.  She thinks that it is immoral to — I don’t know?  Not leave a tip after you compute your tax bill?   She thinks that Starbucks should give the State more of their cash. From Rachel Moran at Reason.com:

In the past three years Starbucks has paid no corporation tax in the UK. Amazon has paid £1.8m, despite bringing a total revenue of £200m in the UK in 2011. Starbucks global chief financial officer Troy Alstead insists the company remains “an extremely high tax payer globally” but, as UK profits have been far from substantial, claims, “respectfully, I can assure you there is no tax avoidance here.” Similarly, Matt Brittin, the head of Google’s northern European operation, defends the company’s practices. “Like any company you play by the rules [and] manage costs efficiently to offer fair value to share holders.”

Google‘s Brittin told the committee that “we comply with the law in the U.K.” and “it would be very hard for us to pay more tax here based on the way we are required to structure by the system.” ABC News reports that Hodge responded by saying that the committee was “not accusing you of being illegal, we are accusing you of being immoral.”

If we are going to start talking about morality, let’s start with the morality of forcing people to hand over their money to politicians so they can buy votes with it.  If I ever have an IRS exam where the agent offers no change to the return but says I’m a bad person, my client won’t be too upset.

 

Not just any Tom, Dick or Terry.  “In a story Nov. 14 about a wind energy tax credit, The Associated Press misidentified Iowa’s governor. He is Terry Branstad, not Tom Branstad.”  (Associated Press story).

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Tax Roundup, 5/1/2012

Tuesday, May 1st, 2012 by Joe Kristan

1207koreaelectricitygrikf0.jpg

Happy May Day!  I hope you get lots of May baskets.  Spare a thought for those still stuck in places where May Day means something else.

Don’t double my rate!  “Cruse admitted that beginning in December 2003 and continuing through 2007, she applied for more than 90 student loans in her name or in the names of individuals – including family members – whose names, Social Security numbers and dates of birth she used without permission. Of the $1.7 million she sought, Cruse successfully obtained 17 student loans and received more than $192,000, according to a news release from U.S. Attorney Paul J. Fishman. “ (Trentonian.com)

Scott Hodge: How Might Berkshire Benefit from the Buffett Rule? (Tax Policy Blog)

This could make a very long book: The Disadvantages of Tax Incentives (Jim Maule)

Another Amazon law fail:Illinois Circuit Court Judge Finds State Affiliate Nexus Law Unconstitutional“  (Hat tip: Roger McEowen).

Another triumph for Commissioner Shulman: 460 citizenship renunciations in the first quarter of 2012 (Andrew Mitchel)

Spring cleaning time: How long to keep tax returns?  (William Perez)

May all your problems at work be this severe:  “The New Guy Needs Help Dealing With The Alleged Office Tramp” (Going Concern)

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Tax Reform Carnival!

Friday, October 21st, 2011 by Joe Kristan

I haven’t heard about the massive parties scheduled to honor the 25th Birthday of the Tax Code tomorrow, but I’ve been out of town, so I probably just missed the news. No doubt they will look something like this:
20110317-2.png
If you choose a more sedate way of observing the holiday, the tax blog world is all over it already, so there’s your party. I’ll round up their observations in this impromptu Tax Reform Carnival. I’ll add to this list of blog observations as I notice them; if I miss yours, please put the link in the comments and I’ll add it to the party.
Going Concern, Joe Kristan: Who’s Afraid of Tax Reform?
Tax Prof: Graetz: Tax Reform 1986 — A Silver Anniversary, Not a Jubilee
TaxVox, Howard Gleckman: Five Lessons from the 1986 Tax Reform Act
TaxVox, Gene Steurle: Does the Tax Reform Act of 1986 Offer Lessons for Future Reform?
Robert D. Flach (Forbes guest post): Wandering Tax Pro Remembers The Tax Reform Act of 1986
Tax Policy Blog, Scott Hodge: Happy Anniversary Tax Reform Act of 1986
TaxGrrrl: I’m From the Government and I’m Here to Help
Update, 10/22
TaxProf, Forbes: Today’s 25th Anniversary of the Tax Reform Act of 1986
Kay Bell, 25 years of tax reform. More on the way?

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How the tax system has gone off the rails

Wednesday, May 4th, 2011 by Joe Kristan

The best summary of the ills of the federal income tax I’ve seen was presented yesterday to Congress by Scott Hodge of the Tax Foundation. It has so much good stuff that it’s hard to excerpt. Some highlights:

Over the past two decades, lawmakers have increasingly asked the tax code to direct all manner of social and economic objectives, such as encouraging people to buy hybrid vehicles, turn corn into gasoline, save more for retirement, purchase health insurance, buy a home, replace the home’s windows, adopt children, put them in daycare, take care of Grandma, buy bonds, spend more on research, purchase school supplies, go to college, invest in historic buildings, and the list goes on.
The U.S. tax system is in desperate need of simplification and reform. The relentless growth of credits and deductions over the past 20 years has made the IRS a super-agency, engaged in policies as unrelated as delivering welfare benefits to subsidizing the manufacture of energy efficient refrigerators. I would argue that were we starting from scratch, these would not be the functions we would want a tax collection agency to perform.

The development of the IRS into a cross-functional superagency is a terribly underreported story (except here, of course).

Second, as a consequence of trying to use the tax code to help the “middle-class,” we have knocked millions of people off the tax rolls, turned the IRS into an extension of the welfare state, and created a growing class of people who are disconnected from the basic cost of government.

It’s not good when 51% can vote to tax the other 49%.

Lastly, while some people would like to make the tax code more progressive, the fact is that the U.S. already has the most progressive income tax system of any industrialized country. The top 1 percent of taxpayers pays a greater share of the tax burden than the bottom 90 percent combined. Moreover, the nation’s tax and spending policies currently combine to redistribute more than $826 billion annually from the top 40 percent of families to the bottom 60 percent. We should have an honest discussion over how much redistribution is considered fair.

If you don’t want to read the whole thing, it’s worth visiting just for the pictures. First, how people are becoming disconnected from the cost of government:
20110504-1.jpg
Sure, spend more, the rich guy is buying anyway:
20110504-2.jpg
Ah, you say, those charts don’t take into account payroll taxes, which are regressive! They don’t take into account government benefits either. This one does:
20110504-3.jpg
This means the bottom 10% of taxpayers receive more than ten times as much in benefits as they pay; the entire bottom 50% of taxpayers receives more in benefits than it pays. And if you are tempted to say “but what about payroll taxes?”, this chart counts all federal taxes, not just the income tax.
Hat tip: Paul Singleton
Update: TaxProf, 51% of Households Pay No Income Tax; Share of Taxes Paid by Rich Growing Faster Than Income

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More on the tax deal

Wednesday, December 8th, 2010 by Joe Kristan

There’s been a lot more commentary emerging on the deal to extend Bush-era tax rates than details on the deal itself. This from the Tax Policy Blog was eye-opening:

One of the key components of the agreement between the President and members of Congress announced yesterday is a 13 month extension of federal extended unemployment insurance programs. This extension does not affect the duration of benefits, which remain capped at 99 weeks.

Other commentary:
Roger McEowen
Scott Hodge
Kay Bell
Howard Gleckman (from TaxVox, which hates my links)
Paul Neiffer
The TaxProf has an updated roundup.
Related: Tax Update details on the tax package

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The $246 billion tax increase on pass-through business

Friday, September 17th, 2010 by Joe Kristan

The Tax Policy Blog notes that allowing the Bush-era tax cuts to expire will pull in $246 billion from small businesses — sole proporietorships, individual partners and S corporation shareholders. We are told that this is a small price to pay, that we have to break a few businesses eggs for the greater good. Oh, and by the way, we’re going after bad guys, too. Tax Policy Blog’s Scott Hodge puts this in perspective:

While some have tried to trivialize the impact of these higher tax rates on businesses by repeating the true, but misleading statistic that “only” 3 percent of taxpayers with business income will be affected, this tax increase on pass-through business income is actually double what Obama has proposed for the largest U.S. firms that he claims are “shipping jobs overseas.”
Indeed, Obama’s proposals to “reform” the deferral and foreign tax credit rules that he blames for the outsourcing of jobs are estimated to raise $122 billion over ten years – less than half of what will be extracted from pass-through businesses.
Even if we were to add to this amount the $14 billion Obama’s budget would raise from insurance companies, the $39 billion it would raise from the oil, gas, and coal industries, and the $59 billion it would raise from changing the LIFO rules, the total would still be less than the tax increase on pass-through businesses.

In other words, socking it to small businesses isn’t just collateral damage; it’s the goal.
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