Posts Tagged ‘shooting jaywalkers’

Tax Roundup, 1/15/2013: Branstad not leading on income tax reform. And: Cage Fight! CPAs vs. RTRPs!

Tuesday, January 15th, 2013 by Joe Kristan
Via Wikipedia

Via Wikipedia

Might the Iowa legislature lead on income tax reform?  If it’s going to happen, they will have to, as Governor Branstad only wants to talk about property taxes this year.  O. Kay Henderson reports:

During a recent interview with Radio Iowa, Governor Branstad made it clear he is focused on cutting property taxes.

“Sure, I’d like to see the income tax reduced, too, but in terms of my priority — and I’ve been working on this for a couple of years and we’re really trying to perfect it — our focus is going to be on significant property tax reduction and replacement,” Branstad said a month ago.

Some legislators are more ambitious, reports Henderson:

Representative Tom Sands, a Republican from Wapello, is the chairman of the House Ways and Means Committee that writes tax policy.

“I think there is some pressure building from Iowans to cut both income taxes — look at some reform as well as a cut to the individual income tax,” Sands says. “We’re hearing from corporations as well, on the income side.”

I doubt anything good will happen with income taxes this session.  The Iowa Chamber Alliance even wants to to go the wrong way, pushing more tax credits for the well-connected.  No organization seems to be pushing for the rest of us.  But The Quick and Dirty Iowa Tax Reform Plan is ready to go if the legislature needs some ideas.

 

Russ Fox, Estimated Tax Payment Deadline Is January 15th.  For 1040 and 1041 filers. Kay Bell has more.

 

Nick Kasprak, Monday Map: State Gasoline Tax Rates, 2013 (Tax Policy Blog):

 20130115-1

Robert D. Flach, CHOOSING A TAX PREPARER.  I suppose I should be upset by this:

Contrary to the popular “urban tax myth” perpetuated by uninformed journalists, just because a person has the initials “CPA” after his/her name does not mean that he/she knows his arse from a hole in the ground when it comes to preparing 1040s.

But I’m not.  It’s true, if roughly stated.

Robert goes astray in his next paragraph:

Only those individuals who possess the “EA” (Enrolled Agent) or “RTRP” (Registered Tax Return Preparer) designations have demonstrated competency in 1040 preparation by taking an IRS-sponsored test, and are required to remain current in 1040 law by taking a minimum number of hours in continuing professional education (CPE) in federal income taxes each year.

False.  The RTRP test is open book.  It demonstrates that somebody can read.  It’s a literacy test, an empty exercise to justify the IRS power grab over the preparer industry.  It’s different with Enrolled Agents, like Jason Dinesen and Russ Fox,  who have to meet much stricter standards than RTRPs.    One of the underreported nasty consequences of the RTRP designation is that it damages the EA brand.

I also disagree with the implied conclusion that CPAs who prepare returns are less competent as a group than EAs or RTRPs.  Some are incompetent, no doubt, but many tax CPAs are highly-skilled.    I think the competency curve for non EA preparers vs. CPAs would look something like this:

http://www.rothcpa.com/misc/20110118-2.png

Substitute “RTRP” for “unenrolled preparer.”

There are excellent non-CPAs and there are incompetent CPAs.   Still, I think as a group the CPAs who do tax for a living will tend to be more competent.

My rule of thumb for choosing a preparer: buy as much preparer as you need, but no more.  Many taxpayers who only have wage and investment income and routine itemized deductions will do fine with an RTRP (and would have done fine with an unenrolled preparer without the new IRS preparer regulations).  If you have business income, a multistate return, or a complicated financial life, your needs go up; you need a high-end RTRP like Robert, or an EA, or a CPA. As your business gets bigger, you are more likely to want to hire a good CPA.  And when Robert gets to the bottom line of his post, I think he agrees.

But be careful which one you hire: Lawyer, Accountant Implicated in Estate Fraud Case (Brian Mahany)

 

Trish McIntire, Preparer Conflict of Interest

 

Jack Townsend, The Big Boys Get Better Treatment in Our Tax System Than Do Minnows.

I speak again on the basic relative unfairness of the treatment of many, if not most, in the IRS’s offshore voluntary disclosure initiatives.

They have to shoot the jaywalkers so they can slap the real offenders on the wrist.

 

You pay more in taxes this year than last year.  How do you like your tax cut? At Tax.com, Jeremy Scott tries to convince us that we just got a tax cut:

 The income tax rates, the estate tax, and the alternative minimum tax  patch are all here to stay.  And, according to the Tax Policy Center’s (TPC’s) preliminary study on distributional effects, the act essentially provided a big tax cut for almost everyone.

Funny, everybody’s taking home less.  How does that work? My emphasis:

Using the Congressional Budget Office’s old baseline (which assumed that  the Bush tax cuts would expire for everyone) and looking at the effects of the tax cut in 2018, the TPC says that the average taxpayer will receive a $2,335 tax cut under ATRA

I see.  Because the tax increase could have been bigger, we got a tax cut.  I’ll see if I can cut staff accountant pay and convince them they got a raise because we didn’t cut more.

Janet Novack, Obama Vows Republicans Won’t Collect ‘Ransom’ For Raising Debt Limit.  No, they’ll ultimately let the President continue the insane spending pace.

 

Paul Neiffer, We Wonder What the Investment Income Tax Form Will Look Like

Avoiding Excess Credit Card Interest Should Not Be A Taxable Event.  But it can be, if you get the bank to forgive unpaid interest that would be non-deductible.

IRS Releases Additional Inflation-Adjusted Figures for 2013

Robert Goulder, Taxes & Corruption: Another Greek Tragedy (Tax.com)

TaxGrrrl, Ask the taxgirl: IRS Delayed Tax Filing Season Applies To Everybody

Martin Sullivan, IRS: Women At Work (Tax.com):

According to the latest IRS Data Book  60,623 of the agency’s 104,402 employees in 2011 were women. That 66 percent is far more than the 44-percent figure for government’s total civilian labor force and the 47-percent figure for the overall US civilian workforce.

 

Ben Harris, Should Louisiana Dump Its Income Tax for a Bigger Sales Tax? (TaxVox)

News you can use.  FYI: Attorneys Think Auditors’ Legal Confirmation Letters Are a Giant Waste of Time (Going Concern)

Share

Tax Roundup, 8/30/2012: Hey, I said I’m sorry edition. But the IRS isn’t apologizing!

Thursday, August 30th, 2012 by Joe Kristan

Sorry about that $2.1 million.  Remember the world’s thriftiest tax cheat, the one who stole $2.1 million from Oregon and used it to buy a 1999 Dodge Caravan and some tires?  An apology from the director of the Oregon Department of Revenue didn’t go well, according to this report from OregonLive.com:

SALEM — A contrite director of the Oregon Department of Revenue appeared before a legislative committee Wednesday and apologized repeatedly for dropping the ball on a $2.1 million fraudulent tax refund. But both Democrats and Republicans weren’t in a forgiving mood, demanding to know why four workers who failed to catch the return weren’t fired and whether the agency can do its job.

“It’s not going to be enough to sit here and say you’re sorry,” said Rep. Cliff Bentz, R-Ontario.

 

Why are they so upset?  He said he was sorry, after all?

 

Two managers and one administrative clerk received written reprimands but no change in their salaries. A fourth worker was demoted and transferred to another part of the agency. That person, an administrative specialist, got a pay cut from $45,396 a year to $41,208.  

Most private sector clerks have problems beyond reprimands if they let $2.1 million go out the door to a theif.  Still, while the apology may not seem like much, it’s more than we’ve gotten from IRS Director Doug Shulman for letting over $5 billion per year go out the door to identity thieves.

Why is Doug Shulman too darn busy to apologize for letting ID thieves loot the Treasury?  Maybe because he’s spending his time making life miserable for Canadians.  Tax Notes reports ($link) that Frustration Grows for Canadians in OVDI:

Taxpayers and their advisers asked the IRS for guidance on how to deal with RRSPs [Canadian retirement accounts] in the summer of 2011 but received inconsistent replies     The IRS’s delay in issuing the guidance…  annoyed taxpayers because, at least regarding the requests for a letter ruling granting 9100 relief, it caused them to incur professional fees that turned out to be unnecessary.

“This decision could have been made in September, October, even November, and the clients could have avoided the additional costs,” said [attorney] Ciraolo. “While we appreciate the 9100 relief offered under FAQ 54, the fact that the IRS failed to acknowledge the inconvenience and cost caused by the delayed guidance, and failed to address whether the Canadians in the OVDI would be eligible for the new program open on September 1, only furthered the belief of the Canadian taxpayers that the IRS is acting without due consideration to the circumstances of those taxpayers who entered the OVDI in good faith.”

Of course.  The program has been haphazardly administered, treating innocent noncompliance with obscure IRS rules as presumptive evidence of offshore money-laundering.
The frustration that the delayed guidance on late elections to file Form 8891 has caused for U.S. practitioners and their Canadian clients exacerbated an increasingly tense diplomatic situation and perhaps convinced some Canadian taxpayers who sat out the 2011 OVDI that noncompliance was the right choice.

So we’ve provoked our closest neighbor while convincng many that non-compliance is safer than expecting the IRS to be fair.  Well done, Commissioner! 

Jack Townsend,  AICPA Complains to IRS About Form 3520 Administration Issues.  Form 3520 is a form that must be filed by taxpayers with interests in foreign trusts.  You’ll be shocked to hear that Doug Shulman’s IRS is botching it:
The AICPA letter described six specific errors the IRS letters claim taxpayers have made, including filing Form 3520 late when it was filed on time.

When you make it harder to follow the rules than to ignore them, the results won’t be good. 


This looks like one of those kinds of things that happen when staffing at a government agency is reduced beyond what is reasonable for the kinds of tasks that have to be carried out. 

I’d be more sympathetic to that argument if Doug Shulman’s IRS hadn’t taken it upon itself to devote massive resources to an intrusive and futile preparer regulatory scheme at the behest of the big national tax preparation firms and to requiring massive amounts of futile paperwork for international compliance.

How Bain Capital execs lower their taxes (Dan Primack, Fortune, via Going Concern):

There has been lots of talk over the past few days about how Bain Capital executives have used management fee waivers to effectively lower their tax payments (a tactic that is not unique to Bain). Some academics have argued that such waivers are an illegal dodge, while private equity tax attorneys I’ve spoken with call it “aggressive but accepted by the IRS.”

Here is the basic structure: Bain officially charges 2% management fees to investors in its private equity funds. The idea is to cover overhead, such as salaries, office leases, electric bills, etc.  But Bain has lots of other business lines (venture capital funds, hedge funds, etc.) that generate sufficient cash flow, so it “waives” the PE fund management fees…

By doing so, Bain partners don’t pay ordinary income taxes on their management fees. Instead, they pay at capital gains rates if/when the deals generate profit (because it’s now considered carried interest).

Many commentators seem to think that Mitt Romney should have gone out of his way to pay the highest tax possible, rather than doing what his tax advisors and the rest of his industry did.  I doubt that they direct their own preparers to forego deductions and exclusions that they think are poor policy or the result of poor administrative interpretations of the tax law.

 

TaxProf: Mitt Romney’s Tax Mysteries: A Reading Guide

Dan Meyer, The Annual Tax Extenders Legislation Addressed by the Senate.  But it has a long way to go.

Peter Reilly, Challenge To Clergy Tax  Break Gets Green Light — Next Stop, Scientology?

 Jason Dinesen has incorporated.

Anthony Nitti, How Does a “Go Shop” Provision Impact the Treatment of Transaction Costs?

 

Share

Tax Roundup, 8/9/12: IRS scolded for carelessly issuing ID numbers. Plus stupid vs. criminal, hitting bottom and digging.

Thursday, August 9th, 2012 by Joe Kristan

IRS Commissioner Douglas Shulman

IRS discouraged fraud detection in ID program (Huffington Post):

The Internal Revenue Service has been looking the other way instead of rooting out fraud when people apply for taxpayer identification numbers, Treasury Department investigators said Wednesday, exposing a shortfall with both financial and national security implications.

A member of Congress who sits on the House’s tax-writing committee responded to the report by calling on IRS Commissioner Douglas Shulman to resign, claiming the IRS is helping illegal immigrants defraud the government.

He wants the Commissioner to resign for that?  Considering that the Commissioner oversees the mailing of $5 billion annually to thieves, that he has terrorized and financially ruined otherwise law abiding Americans for footfault paperwork violations, and that he has, with questionable authority, imposed an expensive and futile preparer regulation scheme, this new outrage needs to take a number.

More coverage from the Wall Street Journal, Linda Beale and the TaxProf; read the TIGTA report here and a TIGTA press release here.

Instapundit on state film tax credits:

REPEAL THE HOLLYWOOD TAX CUTS!  (LOCAL EDITION):  La. film tax break program needs limits, budget group says.   “Louisiana has spent more than $1 billion over the past decade to attract movie productions to the state, but hasn’t received much in return besides the prestige of hosting big-name Hollywood actors, according to a report released today.  The left-leaning Louisiana Budget Project suggests state lawmakers should put tighter limits on the generous film tax break program, lessening the credits offered and capping the amount of money it can cost the state each year.”  Actually, it should be abolished, as should similar programs in almost every other state.  And this is something state Tea Party groups might even make common cause with lefties on.

A sadder-but-wiser Iowa repealed its version of the film credits this year after it collapsed in scandal and disgrace and the State Auditor reported that 80% of the credits were issued improperly or lacked documentation.  But in defense of the program, two filmmakers are moving to Iowa for up to ten years thanks to the film tax credit!

It’s time to register for this year’s ISU Center for Agricultural law and Taxation Farm Tax Schools!  I will be on the Day 1 panel at all eight sessions, starting with the October 29 school in Mason City.

We’re vacationing in the mountains this year, kids. The Plot Thickens for Swiss Bankers Involved In U.S. Evasion: (Jack Townsend):

Swiss bankers whose names were delivered to the United States in April as part of the crackdown on US tax evaders face the risk of arrest while travelling in some European countries, not just on US soil.

Well, the Alps are nice…

Stupidity is no crime: Were Reid’s Remarks About Romney’s Returns Unlawful? (TaxGrrrl)

We’re just getting started!  Have We Reached the Nadir of Tax Policy Discourse? (Going Concern)

“Bipartisan” means they’re ganging up on us: Wind energy tax breaks are bipartisan in Iowa (Ames Tribune)

Kay Bell has a new Carnival of Taxes for State Fair week!

Tax Policy Blog:  Misunderstanding Tax Reform: The Case of The Olympic Tax Elimination Act

Share

Tax Roundup, 7/10/2012: A truly Rich expatriate; the tax effects of executive politics; just park it by the pole.

Tuesday, July 10th, 2012 by Joe Kristan

Lynnley Browning at Reuters reports that “Denise Rich Renounces U.S. Citizenship, Will Save Tens Of Millions In Tax Dollars,”  prompting millions to wonder, who is Denise Rich?  Celine Dion fans (I’ve never met one, but I know they are out there) will know her as the songwriter behind Celine’s “Love is On the Way,” but political junkies know her as the wife of Marc Rich, the former fugitive billionaire who stopped running when Denise pulled enough strings and spread enough cash around to get him a pardon at the end of the Clinton administration.

Her move prompted some folks to tell her not to let the door hit her on the way out, and perhaps anybody who enables Celine Dion deserves a little venom.  But we should ponder for a moment why money is fleeing the country like deposits fleeing a Greek bank.  Mark Steyn tells us why celebrating her departure is unseemly:

… all this “what sort of red-blooded American renounces her citizenship over tax?” stuff is a wee bit much. It is the Government of the United States, uniquely in the civilized world, that binds citizenship to tax. An American who falls in love with an Uzbek or takes a job helping starving Third World children in Southern Sudan remains liable for US taxation and has to file US paperwork that is, in fact, more onerous than that required of US residents, and is about to get more so…

Most countries tax you if you live within their borders, some tax you if you live elsewhere but earn money within their jurisdiction, but only America claims the right to tax you simply for being American – even if you, say, live in Belgium but drive over the border to work in Luxembourg every day. This is unique to the United States: Spain taxes you if you’re a resident of Spain, Slovenia taxes you if you’re a resident of Slovenia, but America taxes you if you’re an American who’s working as a teacher in Gabon. You’re at permanent risk of double-taxation, and the fines for minor and accidental infraction are arbitrary and confiscatory.

As I say, no other developed country does this – although Eritrea does.

On January 1st 2013, all this gets worse. The FATCAT act (technically, it’s FATCA, but we all get the acronymic message) makes it not worth a foreign bank’s while to do business with Americans. I don’t just mean Mitt Romney’s chums in the Cayman Islands, but an American of modest means on a two-year secondment to Hong Kong requiring a small checking account with which to pay local utility bills – or a small businessman attempting to expand his distribution in Canada.

IRS Commissioner Shulman’s shoot-the-jaywalkers approach to offshore tax compliance, combined with half-baked populist legislation against “the rich” that punishes Americans abroad and businesses for committing everyday finance, is quietly bleeding our economy with a thousand little cuts.  Fabulously-wealthy people like Denise Rich can take a hike, but most of us are stuck here.  We can berate her as “unpatriotic” for leaving, but when you get that $10,000 fine for being one-day late in reporting that bank account you inherited from Uncle Hans in the old country, she’ll have the last laugh.

The TaxProf has moreUpdate: Matt Welch on the Dark Side of Anti-”Swiss Bank Account” Politics”

But we can still move within the country:  Did a Maryland Tax Increase Cause Taxpayers to Flee the State?  (Russ Fox)

Nanette Byrnes: Study: Companies of Republican CEOs pay more tax than Democrats’ (Tax Break).  Why?  One theory is that Democratic CEOs would tend to be in industries that play the government for tax breaks, like low-income housing and renewable fuels, and that Democrats are more comfortable with politicians playing God with the economy.  Unfortunately, the desire  to meddle with the economy via tax breaks is one thing both parties can agree on.

But we knew that before it become official: It’s Official: Tax Gridlock Until After November Election (Janet Novack)

William Perez, Tax Reform Proposal from the Bipartisan Policy Center

Blaming the accountant: Rihanna Files Suit, Alleges Financial Mismanagement Resulted in Tax Audit (TaxGrrrl)

Anybody could lose track of $800,000 in singles.  Take this hard-working Ohio attorney described by Cincinnati.com:

Sparta attorney Meredith “Larry” Lawrence will be sentenced in October on federal tax evasion charges for failing to report income from various sources – including Racers Gentleman’s Club in Sparta.

A jury found him guilty Friday on three counts of filing a false tax return for three consecutive years, starting in 2005.

Attorney by day, strip club operator by night?  “Gentlemen’s clubs” tend to be open late.  Maybe he was just sleep deprived?

During the two week trial, Assistant U.S. Attorney Elaine Leonhard described how federal agents found $800,000 in Lawrence’s safety deposit boxes.

She described how fees collected from women who stripped at the club would be stuffed in a white envelope and delivered to Lawrence once a week. Strippers were independent contractors required to pay “house fees” to dance at the club. The strippers even had to pay a parking fee.

“Parking fee?” Yes, the glamor has truly gone out of show business.

Share

IRS finally realizes that not all taxpayers with offshore accounts are notorious tax cheats

Wednesday, June 27th, 2012 by Joe Kristan

After years of treating every American abroad like a high-rolling tax cheat for simply having a normal financial life, it has finally dawned on the IRS that not everybody with an offshore bank account is a tax cheat.  Janet Novack explains:

The IRS said today that beginning Sept 1., those expatriates, dual citizens and green card holders living abroad who owe less than $1,500 a year on unfiled 1040s will be eligible for special relief. They will only have to file three years of back tax returns. And while they’ll have to file six years of back FBARS, they won’t get hit with an FBAR penalty. Moreover, participants in certain foreign tax deferred retirement plans such as the Canadian RRSPs ( like IRAs) will be able to exclude the deferred income from their back returns.  In the past, these foreign residents were stuck  because they hadn’t applied for income tax deferral on a timely basis.

This is long overdue.  Many expatriate citizens lived a normal life, marrying overseas and opening bank accounts like they would at home, with no idea that they were required to file form TD F 90-22.1 if their account balances exceeded $10,000.  There are severe financial penalties for non-filing, but honest citizens — most of whom owed little or no tax — found themselves treated like international money launderers when they signed up for the so-called amnesties for international non-filers.  The IRS, caught be surprise at the wide interest in the program, sadly understaffed it and enforced it with what I call a “shooting jaywalkers” mentality.

Ms. Novack passes on a story of how the new rules will help:

Robert E. McKenzie, a tax partner at the Chicago law firm of Arnstein & Lehr and a Forbes contributor, offered an example of one of his clients who he believes will be helped enormously by the new relief.  She is a retired widow, has lived in Canada for 30 years, has $150,000 in an RRSP and another $150,000 or so in other Canadian accounts. Under the 2011 OVDP, the IRS had demanded a $75,000 FBAR penalty from her. Now, she should be excused from any penalty.

Why the IRS didn’t have a program like this from the start of its offshore enforcement pogrom is beyond me.  Better late than never, though.   Still, they have yet to set up a similar program for U.S. residents with similar FBAR problems, such as green card holders who didn’t realize that they needed to tell the IRS about their bank accounts back home, or American citizens who have inherited bank accounts from foreign relatives.  I guess when it comes to providing relief to innocent taxpayers, the IRS feels that it has to dispense justice with an eyedropper.

The details of the new program are in IR-2012-65, taking effect on September 1.  The IRS will apparenly announce ahead of that time details, like where and how to file under the new program.  Meanwhile, Americans abroad with offshore accounts can breathe easier and watch for the additional details to emerge.  Meanwhile, remember that 2011 Form TD F 90.22-1 is due June 30, and that a bunch of new offshore reporting requirements for financial assets not in bank accounts also took effect for 2011 1040s.

Related:

Jack Towsend: IRS Announces Penalty Mitigation for Super Minnow US Taxpayers Living Abroad; RRSP (6/26/12).

Prior Tax Update coverage:

Shooting jaywalkers, wrist-tapping GE

Wall Street Journal coverage of the great IRS jaywalker hunt

Associated Press, here are your tax cheats.

Shooting jaywalkers so we can slap the real criminals on the wrist

Darth Shulman to foreign account holders: I am altering the deal. Pray I don’t alter it any further.

 

 

Share

D-Day Tax Roundup: 6/6/2012: don’t bait the sentencing judge; why they flee; eco-traitors!

Wednesday, June 6th, 2012 by Joe Kristan

A better bass case

If anything will save the newspaper industry, it’s openly-biased funny reporting.  Like this, for example, from “The State, South Carolina’s Homepage:

U.S. District Judge Joe Anderson is a judge who’s willing to give criminals at least a tiny break at sentencing if they show any remorse.

But Tuesday, when Hopkins tax cheat Dorothy Anderson (no relation to the judge) began to lecture him on the law and said she didn’t consider herself a crook even though a jury had pronounced her guilty, Anderson gave her the maximum prison sentence allowed by law – 75 months.

“The prosecutor has said I’m a convicted felon,” Dorothy Anderson whined to Judge Anderson at her sentencing hearing Tuesday.

The judge replied, “With all due respect, ma’am, the jury has said you are a convicted felon.”

That whining defendant!  I don’t mind biased journalism, most of it is.  Just own it!

Be calm, all is well: “According to one CBO budget scenario, federal debt would exceed the GDP by 90% in 2022 and would approach 200% in 2037. ” (C-span) Related: The Better Base Case (Joseph Rosenberg).

The law fought the law, and the IRS won:

A former police officer was sentenced to more than six years in federal prison and ordered to pay more than $874,000 in restitution for helping conspirators in a Tampa tax fraud scheme to cash U.S. Treasury checks.

Investigators say Dana Brown used his access as an Ocala police officer to look up personal information in a state driver’s license database that could be used to produce fake identifications matching the names on the Treasury checks.

Via tbo.com of Tampa Bay, at the unlikely ground zero of ID-theft tax refund fraud.

 

Arkansas Governor Questions Anyone’s Patriotism Who Can’t Get Behind Tax Breaks for Wind Energy  (Going Concern).  Heck, if you don’t like pouring money into inherently inefficient and wasteful green technologies, you hate the planet itself!   More from unapolagetic eco-traitor David Brunori.

Phil Hodgen,Why people expatriate“:

They do it because keeping U.S. citizenship is getting more expensive, in economic and non-economic terms.  Many of the non-economic reasons people expatriate are due to tax enforcement policies and a culture of fear encouraged by the IRS. 

 Just keep shooting the jaywalkers, Commissioner Shulman.

If they can’t get you to pay to see the movies, they’ll have your legislature make you pay to make them.   Filmmakers Shoot for Breaks; California Gives $100 Million in Rebates as Other States Poach From Hollywood.  After bitter experience, Iowa is taking a different approach to filmmakers.

Confession is Good for the — Taxpayer? (Kaye A. Thomas)

Catch Robert D. Flach’s Wednesday Buzz roundup of tax posts.

News you can use: How to Avoid Additional Taxes, Penalties, and Interest by Filing Your Tax Return on Time (The Missouri Tax Guy)

Share

Tax Roundup, 5/30/2012: life among the jaywalkers. What rich folk don’t pay taxes? And does having someone else cover your losses make a bad investment a good one?

Wednesday, May 30th, 2012 by Joe Kristan

What the war on “international tax cheats” means to the cowering civilians in the bombing area. International tax planning attorney Phil Hodgen dined with some Americans working abroad and reports:

For you, the American living overseas, tax return preparation is an order of magnitude more complicated than for someone living at home in the USA. There are extra forms to fill out. Extra stuff to report. Big, big penalties if you fluff things up. So you either spend an inordinate amount of your free time doing the tax returns yourself, or you pay a lot of money to an accountant to do the work for you. I don’t know what the people around the table last night spend, but it would be common to see tax bills of $3,000 – $4,000 in my experience. Let’s say you only spend $2,000. Lucky you.

The amount of tax that the IRS typically collects from people living in Europe and other high tax countries is ZERO. The foreign tax credit (PDF) ensures this. So does the foreign earned income exclusion (PDF).

Short story? You pay $2,000 or maybe much more to do a tax return that yields zero revenue for the U.S. government. And you burn up a lot of nights and weekends doing the paperwork.

Then you hear some Senator yammering about people like you and how you should be paying your “fair share” to the U.S. Treasury. 

The whole post is very much worth reading.  The pointless burden put on innocent taxpayers by the IRS shoot-the-jaywalkers enforcement of the already ridiculous international reporting rules is most disgraceful of IRS Commissioner Shulman’s many policy blunders.

And Here You Thought It Was Just Peasants Not Paying Any Income Taxes (Going Concern).  They quote a Bloomberg article:

 The percentage of U.S. taxpayers reporting adjusted gross income exceeding $200,000 who paid no U.S. income taxes increased in 2009 to 0.53 percent from 0.51 percent, meaning that one in 189 high earners avoided taxation, an Internal Revenue Service study found. The filers reported tax-exempt interest along with deductible charitable contributions, medical expenses and other items to legally reduce their taxable income.

Of course, the article is wrong in blaming muni bonds, which aren’t included in AGI in the first place.  So how do $200,000 AGI taxpayers get to zero tax?  It’s often where net income is overstated because the gross is in AGI but the expense generating the “income” is an itemized deduction.  Some candidates come to mind:

  • People with big margin interest accounts or other borrowing costs.  If you have $200,000 if interest income, you can deduct $200,000 of expense incurred to buy the interest-generating assets.  The income is “above the line” and included in AGI, but the deduction is a below-the-line itemized deduction.
  •  Gamblers.  A busy slots player can easily burn through $200,000 in “winnings,” which are above the line, offset by below-the-line gambling itemized deductions.

Another likely example is Old folks in a full-time nursing home. The medical costs can go through the roof. 

Readers – if you have other candidates, I’d love to hear about them in the comments.  Related: somehow Linda Beale gets from 1 in 189 high-income taxpayers paying no federal tax to one in fourNot a chance.  I’d say it was a typo, but she makes the assertion both in her headline and in the article text (UPDATE, 5/31: corrected now)

 

New state tax credits making solar a better investment for Iowans. (Sioux City Journal). Nonsense. It doesn’t make it a better investment, it just shifts the loss on the “investment” to us chump Iowa taxpayers who have to pay for other peoples’ solar toys.

Because Congressional accounting is always so reliable? FASB under political heat from Congress over lease accounting (TaxBreak)

 You man people have to pay for something on their own? Hot, Hot, Hot: Air Conditioning Tax Credits Have Disappeared (TaxGrrrl)

Paul Neiffer: Be Careful if You Have a Foreign Account

Jack Townsend: Why We Cheat and Lie — Taxes Included

 Len Burman: Billions in Tax Refund Fraud–and How to Stop Most of it

Howard Gleckman: Tax Reform: Going Long v. Going Prudent

Catch Robert D Flach’s Wednesday Buzz roundup of tax posts.

Dan Meyer: Am”Bushed” by Taxes? Keep or Let Die the Decade-Old Tax Cuts?

Next time he should proclaim himself “Lord Vader of the South” instead.  “Self-proclaimed “Governor” of Alabama Sentenced to Ten Years in Federal Prison for Tax Fraud.”  Just one more bit of proof that “sovereign citizen” tax schemes don’t work.

 At least it’s an aim that any legislator can achieve.  “Legislators aim at tax fraud

Share

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.

Share

Tax Roundup, 5/2/2012

Wednesday, May 2nd, 2012 by Joe Kristan

In case you need more evidence that your Iowa public officials hold you in contempt:  “Two decisions made in favor of mobile speed cameras; Supervisors OK them for busy Polk roads, while legislators kill a proposed state ban.”   Remember them in November. (Des Moines Register)

The lush life of the washed-up NFL player: three of them charged in ID-theft tax refund scam.  (Kay Bell, Bankrate.com)

Just another humble municipal public servant: Dixon, Illinois financial officer accused of helping herself to $53 million or so.  Think it ever hit her 1040? (Going Concern)

Sadly, they get to pay taxes for humble municipal public servants steal:The Price of Freedom: What Happens to the Wrongfully Convicted?” (TaxGrrrl)

Commissioner Shulman won’t rest until they’re all gone: Wealthy Americans Queue to Give Up Their Passports“‘There is incredible frustration at the audacity and imperial overreach of this law,’ said David Kuenzi, a tax adviser at Thun Financial Advisors in Madison, Wisconsin, referring to Fatca. “ (Bloomberg)

Death and Income Taxes.  My new post at IowaBiz.com, the Des Moines Business Record group blog for entrepreneurs.

Off the barbie: Crocodile Dundee settles Oz tax bill (Kay Bell)  TaxDood has more.

No.  “Would a Romney Presidency Bring Sweeping Tax Cuts?” With the debt we’ve been accumulating, avoiding tax increases will be an accomplishment. (Anthony Nitti).

Are the new broker basis reporting rules worth it?Five Challenges for the IRS’s New Capital Gains Reporting Rules“(TaxVox)

News you can use: Beating The Possible Estate Tax Increase Without Switching To Cat Food – The Midmill Dilemma.  An issue for folks with net worth of $4 million to $14 million. (Peter J. Reilly)

Share

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)

Share

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.

Share

All offshore taxpayers look alike to Shulman

Monday, April 9th, 2012 by Joe Kristan

Jack Townsend explains the fundamental problem with how the IRS treats offshore taxpayers:

I wonder if the Commissioner really understands how misfocused the program really is.  Does he really understand the difference between whales and minnows, both of which he sweeps into the same net?  Punishment should not be the same for both.  Yet, the IRS offers a program of one size fits all, where the penalties [are the same]  for the whales (most of whom are really bad guys in terms of tax noncompliance) and the minnows (most of who are not).

Does he understand?  If the worst commissioner ever does understand, he sure has a funny way of showing it.

Related: Shooting jaywalkers so we can slap the real criminals on the wrist

Share

Justice is served on another international tax evader!

Tuesday, March 27th, 2012 by Joe Kristan

Whenever the IRS trumpets an international tax crackdown, credulous reporters take for granted that it’s only evil rich tax cheats that get swept up.  Phil Hodgen knows better, telling the story of a taxpayer who came to the U.S. with a work permit, but left ruined by Commissioner Shulman’s jaywalker hunt.

Share

Quick hits

Wednesday, March 21st, 2012 by Joe Kristan

There’s much good stuff out there on taxes that I would to spend all day reading and posting about.  Tax returns pay better, though, so here are links to better reading for those of you with more persistence and longer attention spans:

Finally, Andrew Mitchel shows how voluntary expatriations have soared in the wake of the IRS foreign compliance pogrom, with this chart:

http://intltax.typepad.com/.a/6a00e54fb13f5188340168e8ff8a37970c-pi

Courtesy Andrew Mitchel

When you fire into the crowd, the crowd will scatter.

 

Share

Don’t blame me, I’m not sitting on your money

Friday, March 16th, 2012 by Joe Kristan

Kay Bell reports that customers of some storefront tax prep shops are actually threatening the preparers because the IRS is behind in processing refunds.
Have they tried to explain that the IRS is just too busy giving open-book exams to preparers and shooting jaywalkers to give people back their overpaid taxes?

Share

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

Share

Judge intervenes in jaywalker shooting

Thursday, March 8th, 2012 by Joe Kristan

A 64-year old Pennsylvania man, a Mr. Purpura, avoided deportation for a paperwork foot-fault thanks to a sensible Federal judge. The judge threw out a plea agreement that would have led to the man’s deportation for… well, we’ll let the Judge explain:

An investigation by the United States into the criminal conduct of another person led to the examination of Purpura’s income tax returns. It was determined that his tax returns incorrectly certified that Purpura did not have any financial interest in bank accounts in his native country of Italy or in any foreign nation during the two years in question, 1990 and 1991. In fact, Mr. Purpura did maintain bank accounts during that period of time in Italy. However, it was also determined that these mis-statements did not result in any tax loss to the United States. The investigation further established that Purpura was not involved in any way in the criminal conduct of the other person.

So the guy paid all his taxes — he just failed to file the FBAR paperwork. He pleaded guilty to to paperwork charge, and deportation proceedings got underway, much to Mr. Purpura’s surprise and consternation. He was, after all, married, a permanent U.S. legal resident who had immigrated from Italy long ago, and had no other legal troubles.
Jack Townsend has the whole story.

Share

IRS Commissioner Shulman: you obey the law. Me, that’s different.

Monday, February 20th, 2012 by Joe Kristan

The IRS hasn’t been known for sympathy for inadvertent violators of the foreign account reporting rules. Americans inheriting foreign property from distant relatives, young Americans who moved abroad to start a career, children born in the U.S. who have lived abroad since infancy — all face stern wrath, and big fines, for not filing foreign financial account disclosures that they had no idea existed.
You would think that a Commissioner so stern about punishing foot-faults would be extra careful about obeying the rules itself, if he had a smidgen of shame or self-awareness. Apparently not.
Tax Analysts reports that IRS Commissioner Doug Shulman will simply ignore his statutory duty to respond to a Taxpayer Advocate Directive on abuses of offshore taxpayers in the Offshore Voluntary Disclosure program. From the story ($link):

IRS Commissioner Douglas Shulman has no plans to respond in writing to National Taxpayer Advocate Nina Olson’s taxpayer advocate directive (TAD) on the IRS offshore voluntary disclosure program (OVDP) despite a statutory requirement that taxpayer advocate recommendations be responded to within 90 days, Olson said February 17.
According to Olson, who spoke at the Individual and Family Taxation session of the American Bar Association Section of Taxation meeting in San Diego, Shulman told her that section 7803(c), which requires the commissioner to formally respond to any taxpayer advocate recommendation within three months of its submission, applies only to the taxpayer advocate’s annual report and not to recommendations made through TADs or taxpayer assistance orders (TAOs).

How convenient for him. Let’s see what Section 7803(c) says:

(3) Responsibilities of Commissioner
The Commissioner shall establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the National Taxpayer Advocate within 3 months after submission to the Commissioner.

That’s “all recommendations.” Not “all recommendations submitted in the annual report of the Taxpayer Advocate.” Not “all recommendations under this Section.” Just “all recommendations.” If there was a 50% annual penalty assessed on the balance of the Commissioner’s bank and retirement accounts for failing to respond on time — the same penalty that he is gleefully assessing on offshore account non-reporters — I bet he would have responded. After all, unlike the unwitting victims of the offshore compliance jaywalker hunt, it’s clear the Commissioner is well aware of this requirement.

Share

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.

Share

Foreign account reporting when you are under the $10,000 FBAR limit

Tuesday, February 7th, 2012 by Joe Kristan

Even if your foreign bank account never reached $10,000, you still have to tell the IRS about it. Russ Fox explains.

Share