Posts Tagged ‘TaxGrrrl’

Tax Roundup, 2/10/15: Tax Court rules out super-duper bureaucrat deduction. And: Don’t rob the preparer!

Wednesday, February 10th, 2016 by Joe Kristan

20120801-2You are fined $50 court costs. My accountant prefers it that way.  A good lawyer can make you seriously consider a position that seems absurd at first glance. An Arizona judge whose case showed up in Tax Court yesterday must be a good lawyer.

The case is based on the difference between the tax treatment of business expenses and employee expenses. Business expenses are normally fully deductible. In contrast, expenses incurred by an employee, and not reimbursed by the employer, are only deductible as itemized deductions, and then only to the extent they — when added to other “miscellaneous” deductions — exceed 2% of adjusted gross income. Worse, even if you have enough employee expenses to show up on Schedule A, they are non-deductible in computing alternative minimum tax. That often makes them useless.

Arizona state judge Michael Jones had a clever accountant who saw a potential way around this problem. According to the Tax Court, Judge Jones incurred some out-of-pocket expenses to run his chambers when state budget cuts began to pinch. His tax preparer, a CPA, said that Section 62(a)(2)(C) made these “above the line” business expenses:

(C)Certain expenses of officials

The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis.

So how did that affect Judge Jones? From Tax Court Judge Holmes (my emphasis, citations omitted):

Maricopa County Superior Court is funded in part by the collection of fees. Individuals must pay the superior court clerk fees for various case filings, petitions, writs, the filing of any documents, and the issuance of any licenses or certificates. The county does not, however, receive fees paid for wedding ceremonies — judges are allowed to collect those directly (although Judge Jones himself did not charge for weddings during the years at issue).

Judge Jones argues that “in a position compensated in whole or in part on a fee basis” means something like “a position funded in whole or in part by fees paid by members of the public for services rendered by judges.” Neither the Code nor the regulations define what “fee basis” means, and the case law is similarly stubborn in its silence.

Judge Holmes ponders the arguments and reaches his decision:

We also have to conclude that the Commissioner’s position is the more reasonable one. An enormous number of government agencies, courts, departments, and boards receive fee income. If Judge Jones’s construction of section 62(a)(2)(C) were correct, all the positions in all these government bodies would be “position[s] compensated in whole or in part on a fee basis.” This would create a caste of employees — those employed as government “officials” — who would be exempt from the rule Congress chose to enact that limits the deductibility of unreimbursed employee expenses. Maybe Congress could do that, but it didn’t do so plainly. Business expenses are also usually thought deductible because they are an ordinary and necessary requirement for producing income. But Judge Jones’s reading of section 62 would uncouple the deductibility of an expense from the income it produces — once a position was funded in part by fees, any employee holding that position would be entitled to unlimited deduction of his unreimbursed business expenses regardless of whether those expenses had anything to do with those fees.

I think Judge Holmes comes to the right conclusion dealing with this obscure provision. If he concluded differently, every public official would be running to their preparers to amend all the open years. Though when it comes to a privileged “caste” of public employees, we’re further down that road than we should be already;.

The moral? It’s important to handle business expenses properly. Many taxpayers who own S corporations, for example, pay some business expenses themselves without being reimbursed by the S corporation. Such expenses become “employee” expenses and are routinely lost. By submitting the costs to the employer — their own S corporation — for reimbursement, they become corporation expenses and fully deductible.

Cite: Jones, 146 T.C. No. 3

 

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Accounting Today, Obama Budget Includes Tax Increases and Tax Preparer Regulation. Of course it does.

We need IRS employees to oversee preparers to prevent fraud. IRS Employee Pleads Guilty to $1 Million ID Theft Tax Fraud Scheme (Department of Justice).

Kay Bell, Obama’s final budget is full of big, but unlikely to be fulfilled, tax and spending ideas. It will go over well as his prior budgets.

 

Paul Neiffer, We Knew It Was Coming!:

In doing various tax classes over the last few years, I almost always stated that it would only be a matter of time before the President would ask for this net investment income tax to be applied to S corporation and partnership income whether passive or material.  In the new budget proposal issued by the President, that time has come.

His budget proposes that all income of S corporations and partnerships be subject to the net investment income tax of 3.8%.  This would include any gains from selling any assets inside of these entities or selling the stock or partnership interest.  This will affect farmers who have large gains in the future.

Somehow I don’t think the momentum is there to expand Obamacare taxes.

 

Russ Fox, Can a Resident of a Non-Tax Treaty Country (With Respect to Gambling) Get His Withheld Funds Back? “Canadians are allowed to file a Form 1040NR and claim gambling losses up to the amount of wins, and get a refund. New Zealanders are not.”

Peter Reilly, Is Tax Foundation Unfair To Bernie Sanders? Only if it’s unfair to focus on the destruction that would result from his confiscatory taxes, rather than the magical results he promises when he gives you some of your money back through those wonderful and always efficient government programs.

Lany Villalobos, Patrick Tohomas, The Struggle to Obtain Individual Taxpayer Identification Numbers (Procedurally Taxing). The government is doing its best to increase tax burdens on offshore investors, while at the same time making it hard for them to even start complying.

TaxGrrrl, Ask The Taxgirl: The Child Tax Credit

Robert Wood, New Excuse: ‘Fear Of IRS Audit Made Me Cheat On My Taxes’ Huh?

 

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TaxProf, The IRS Scandal, Day 1007. After five years, one of the prominent 501(c)(4) applications slow-walked through the IRS process is finally approved. Nope, no politics here.

Tax Policy Blog, 2015 Outstanding Achievement in State Tax Reform Awards. None awarded to Iowans, unsurprisingly.

Ajay Gupta, Hillary Clinton’s Wall on the Border (Tax Analysts Blog):

Turns out the inevitable Democratic nominee, Hillary Clinton, would also build a great, great wall. Unlike Trump’s wall, hers would not deter foreign individuals lacking proper documentation from coming into the country. Instead, it would dissuade U.S. corporations stuck with domestic charters from leaving. And she would have U.S. investors and workers pay for that wall.

Something about grasping politicians loves a wall.

 

Career Corner. Which Popular Accounting Hashtag Should You Use? An Explainer (Caleb Newquist, Going Concern).

 

Jim Maule, Stupid Criminals, Tax Version. “According to several reports, including this one, a woman and her son walked into a Liberty Tax Services office in Toledo, Ohio, pointed what appeared to be a gun over which a towel was draped, demanded money, and made off with $280… It turned out that the “gun” was a curling iron. And it also turned out that the staff recognized the two as customers who had used Liberty’s services a few days earlier.”

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Tax Roundup, 2/8/16: When your password is a key for thieves. And: More Tax Credits!

Monday, February 8th, 2016 by Joe Kristan

20150910-2You need more than one password. Another home tax software company reports that its customers may have had their data stolen. Marketwatch.com reports:

In its letter to affected customers, TaxSlayer said it became aware Jan. 13 that hackers had accessed some of its customers’ accounts. The illegal access took place between Oct.10, 2015, and Dec. 21, 2015.

The letter said an “unauthorized third party may have obtained access to any information you included in a tax return or draft tax return saved on TaxSlayer, including your name and address, your Social Security number, the Social Security numbers of your dependents, and other data contained on your 2014 tax return.”

In its statement, TaxSlayer said it doesn’t believe its own systems were breached. Instead, “user credentials, stolen from other sources, were then used to misrepresent our customers and therefore access our program.”

They’re saying that they got passwords from another site and tried them on TaxSlayer, and they worked. That kind of breach is on the user, not the software company.

Reusing passwords is poor data security hygiene. McAfee Software offers some great tips for good passwords. The tips include a list of things people do that make them vulnerable to data theft, including:

Reuse of passwords across multiple sites: Reusing passwords for email, banking, and social media accounts can lead to identity theft. Two recent breaches revealed a password reuse rate of 31% among victims.

If you use different passwords for your different important accounts, one data breach won’t expose your entire financial life.

Related: TaxSlayer data breach is the 3rd tax software-related security issue so far this filing season (Kay Bell)

 

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Brent Willett, Iowa’s next economic frontier (IowaBiz.com). An unintended but useful followup to my IowaBiz post on Friday on the unwisdom of targeted tax credits, the post boosts a proposed new tax credit that I criticized by name. The post touts a new report promising “Fifty thousand jobs” to Iowa if we just enact a new “Bio-Based Chemicals” tax credit.

The post neatly checks off several items I note in my post:

Might these special favors be better for the economy than some farmer or small business who buys a new tractor or machine? You could make that case, but it would be plausible only if these favors were enacted by a process where the state looked at the vast menu of possible industries to support and carefully evaluated which ones were more persuasive. That never happens. Instead, the credits follow the path of the notorious Iowa film industry credits, where an industry gets some legislators and business boosters excited and builds support — sometimes with “studies” funded by booster groups. There is no evaluation of the opportunity costs, of whether the funds would be better used elsewhere.

No comparison to other industry opportunities? Check. Studies funded by booster groups? Check. Ignoring opportunity costs? Check.

I encourage your to read the Willett post and ponder why a government subsidy is needed if the industry is such a slam-dunk.  Also, consider whether you would get the same article by substituting other industries for bio-chemicals in the post.

 

 

Andrew Mitchel: New Expatriate Record for 2015 – Nearly 4,300 Expatriations:

2015 expatriations

“The escalation of offshore penalties over the last 20 years is likely contributing to the increased incidence of expatriation.”

Related: Record Numbers Renounce Their U.S. Citizenship (Robert Wood)

 

Jason Dinesen, Lots and Lots of Scam E-mails this Year. Jason posts many helpful examples. Be very skeptical of emails you don’t expect, and delete any purporting to come from IRS.

Annette Nellen, Ideas for Retirement Savings Reform. “One overall reform Irecommend is to change the focus of retirement plans from the employer to the employee, making them truly portable from job to job and if in employee or contractor status or both.”

Jim Maule, The Biggest Tax Refund?. Overwithholding will do the trick.

Leslie Book, The Limits of the “One Inspection” of Taxpayers’ Books and Records Rule (Procedurally Taxing). “One limitation on IRS powers is the Code itself, as Section 7605(b) provides that ‘only one inspection of a taxpayer’s books of account shall be made for each taxable year unless ․ the [Treasury] Secretary ․ notifies the taxpayer in writing that an additional inspection is necessary.'”

Robert D. Flach, TAX GUIDE FOR NEW HOMEOWNERS

Russ Fox, It Was Only a 13.33% Kickback. A police chief breaks the tax law.

TaxGrrrl, So About Those Cam Newton ‘Sunday Giveaway’ Game Balls…

 

Only the form of your destructor. What Would Be At Stake In A Trump v. Sanders Election? How About $24 Trillion in Tax Revenue (Tony Nitti).

 

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TaxProf, The IRS Scandal, Day 1003Day 1004Day 1005

Scott Greenberg, White House Calls for Targeting the Cadillac Tax by Location:

Why would the White House propose changes that would weaken the Cadillac Tax – a central part of the administration’s most significant policy achievement? In fact, these changes might be necessary to secure the continued existence of the tax. The White House has been fighting a losing battle to defend the Cadillac Tax, and these proposed changes may placate some of the tax’s opponents, particularly employers in states with high healthcare costs.

We must destroy the Cadillac Tax to save the Cadillac Tax!

Renu Zaretsky, Budget Hearings, Saving, and Entertaining (TaxVox). “There is almost always something perfunctory about the last budget of an outgoing president, but this year’s will generate even less interest than usual. In the ultimate insult, the GOP-run congressional budget committees won’t even invite White House officials to describe their fiscal plan.” And lots more in today’s TaxVox headline roundup.

I reject this false choice. Kentucky Can Attract Tourists Who Like Bible More Than Bourbon Without Violating First Amendment  (Peter Reilly)

 

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Tax Roundup, 2/5/16: The IRS isn’t a bank, and a 1099 isn’t what makes income taxable. And: oil companies, money trees.

Friday, February 5th, 2016 by Joe Kristan

20151217-1Nice Try. The tax law discourages taxpayers from tapping retirement savings too early with a 10% early withdrawal tax. The tax law also allows an above-the-line deduction for penalties imposed by banks for closing out a CD or savings account before maturity.

They aren’t the same thing.

A Mr. Martin learned that lesson this week in Tax Court. He was 54 years old when he pulled out $55,976.29 from his IRA. He reported the 10% penalty tax, but then he also deducted it on line 30 of his 1040 as a “penalty on early withdrawal of savings.”

I can see the logic, as it does look like, well, a penalty on an early withdrawal of savings. But that’s not how the Tax Court sees it (my emphasis):

Martin argues that the additional tax imposed by section 72(t) is deductible under section 62(a)(9). We disagree. Section 62(a)(9) provides a deduction for an amount “forfeited to a bank, mutual savings bank, savings and loan association, building and loan association, cooperative bank or homestead association as a penalty for premature withdrawal of funds from a time savings account, certificate of deposit, or similar class of deposit.” The section 72(t) additional tax is payable to the federal government, not to a “bank” or similar institution listed in section 62(a)(9). Therefore, it is not deductible under section 62(a)(9). Further, the additional tax imposed by section 72(t) is a federal-income tax. Section 275(a)(1) disallows any deductions for “Federal income taxes” (A deduction for certain other taxes, including State income taxes and some other federal taxes, is allowed by section 164(a).).

There was one other problem with the return. He won $1,000 at a casino, an amount arguably below the threshold for which casinos most report gambling winnings on a W2-G. They reported it anyway. Again, the Tax Court:

The casino reported on an information return its $1,000 payment to Martin. Martin argues that, because he earned entries into the lottery by playing slot machines, his gambling winnings should be subject to the $1,200 reporting threshold. Thus, Martin argues, the casino should not have reported the gambling  winnings of $1,000 because the payment fell below the $1,200 reporting-requirement threshold for gambling winnings from slot machines.

Martin assumes that gambling winnings that are not reportable on information returns are not includible in gross income. At trial he said that the IRS is “trying to separate the taxation from the reporting when it is undeniably one and the same”. Martin does not see, or refuses to see, the distinction between information-reporting requirements and the imposition of income tax. Whether the casino was required to report Martin’s winnings is irrelevant to the question of whether his winnings are includible in his gross income. The Internal Revenue Code does not exclude a payment from income when the payment is not large enough to require the payor to report the payment on an information return.

A lot of people think that when something doesn’t show up on an information return, it’s tax-free. It just doesn’t work that way.

Cite: Martin, T.C. Memo. 2016-15

 

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Obama seeks oil tax, destruction of self-driving car industryCNBC reports:

President Barack Obama will propose a $10-per-barrel charge on oil to fund clean transportation projects as part of his final budget request next week, the White House said Thursday.

Oil companies would pay the fee, which would be gradually introduced over five years. The government would use the revenue to help fund high-speed railways, autonomous cars and other travel systems, aiming to reduce emissions from the nation’s transportation system.

“Oil companies would pay the fee.” Such a kidder, that President. Apparently the oil companies will pay it by planting more carbon-absorbing money trees out behind their refineries.

It’s a credit to misguided persistence that the President is still pursuing high-speed passenger rail, an idea that California is busy proving once again to be ridiculously expensive and impractical. And somehow I’d feel much safer in an autonomous car from Google or Apple than one from the the same government that brings us the IRS.

 

Scott Hodge, New IRS Data: Wealthy Paid 55 Percent of Income Taxes in 2014 (Tax Policy Blog).

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“So while many politicians may argue that the wealthy don’t pay their fair share of income taxes, the data simply does not support that opinion.”

 

Russ Fox, Maryland Suspends Processing Tax Returns from 23 Liberty Tax Service Locations:

For consumers, the advice that Maryland noted in their press release is accurate: “Taxpayers should carefully review their returns for these issues and should be suspicious if a preparer: deducts fees from the taxpayer’s refund to be deposited into the tax preparer’s account; does not sign the tax return; or fails to include the Preparer Taxpayer Identification number “PTIN” on the return.” I’ll add, if you don’t own a business and see business income on your return, there’s a problem.

Indeed.

Kay Bell, Lesson from IRS hardware failure: Be prepared for the unexpected during tax filing season. The hardware went back on line yesterday afternoon. 

TaxGrrrl, Update: IRS Website Back Online, Tax Refunds Unaffected

Peter ReillyIRS And The Tea Party – Scandal Enters A New Millennium. Peter observes The TaxProf’s Day 1000 Tea Party Scandal entry.

Keith Fogg, Discharging Late Filed Returns – A Novel but Unsuccessful Approach. “The case shows the creativity that can come into play in the face of very long odds.”

Robert Wood, Bank Julius Baer Hit With $547M Criminal Tax Evasion Penalty, Two Bankers Plead Guilty

 

Me, Tax credits for a few vs. business deductions for everyone. I take my battle against cronyism and for conforming Iowa tax law to 2015 federal changes to IowaBiz.com, the Des Moines Business Record Business Professional’s Blog.

 

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TaxProf, The IRS Scandal, Day 1,002. Another supposedly-erased hard drive sought by investigators miraculously reappears.

Megan McArdle, Obamacare’s Cadillac Tax Will Not Survive. The way pieces of the machine keep falling off, you might wonder if it wasn’t very well designed.

Renu Zaretsky, A Budget, Capital, Growth, and TransparencyToday’s TaxVox news roundup covers the Obama oil fee, last night’s Sanders-Clinton debate, and lots more.

News from the Profession. Lying About Your Financial Statements Being Audited Still Frowned Upon (Caleb Newquist, Going Concern).

 

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Tax Roundup, 2/4/16. Confirmed: Governor opposes coupling to ALL 2015 changes. And: Are hipsters really flocking downtown?

Thursday, February 4th, 2016 by Joe Kristan

coupling20160129Worst Iowa tax policy decision ever. Governor Branstad doesn’t want to conform Iowa’s tax law to any of the extender provisions passed in December for 2015. A reliable source has confirmed our earlier report that the Governor wants to skip coupling entirely for 2015, and then conform to everything except Section 179 and bonus depreciation in 2016 and beyond.

It’s bad enough that he doesn’t want to conform with the $500,000 federal Section 179 for the first time in years — imposing a big tax increase on small businesses and farmers in every county. But conforming to nothing means a whole host of separate Iowa computations for 2015 returns — and 2015 only. Without spending a lot of time, I come up with these:

Exclusion for IRA contributions to charity
Exclusion of gain from qualified small business stock
Basis adjustment for S corporation charitable contributions
Built-in gain tax five-year recognition period
Educator expense deduction
Exclusion of home mortgage debt forgiveness
Qualified tuition deduction
Conservation easement deductions
Deduction for food inventory contributions

I have asked the Department of Revenue for a complete list of affected provisions, and I will provide it if they send one.

These will have effects on thousands of taxpayers ranging from minor annoyance and more expensive tax compliance to major unexpected Iowa tax expense. To take a common example, the exclusion fo IRA contributions to charity allows taxpayers aged 70 1/2 or older to have their IRAs make contributions to charity directly. This means the contributions bypass their federal 1040s altogether. But for Iowa, the Governor would have the IRA holder include the contribution in taxable income and then, presumably, add it to their itemized deductions — if the taxpayer itemizes in the first place.

Some of these can be very costly. For example, the exclusion of gain for qualifying C corporation stock sales can apply to up to $10 million of capital gain. The exclusion benefits start-up businesses, which Iowa allegedly supports with at least four separate tax credits. Failure to couple would clobber a $10 million 2015 gain with an unexpected $898,000 tax bill.

There is bipartisan support for coupling with all federal provisions other than bonus depreciation for 2015. The Iowa House of Representatives has already passed such a bill on a bipartisan 82-14 vote. But Governor Branstad and Senate Majority Leader Gronstal have apparently reached a little bipartisan deal of their own to keep the Senate from ever voting on 2015 conformity. The Senate tax committee meeting yesterday was cancelled, which I hope means the Senate leadership is getting pressure to back off this stupid policy.

If you are affected, or if your clients are (they are), I encourage you to let your Iowa Senator know how you feel.

Related Coverage:

Iowa House passes $500,000 Section 179, but prospects bleak in Senate.

Iowa Governor reportedly opposes 2015 coupling for anything.

Branstad budget omits $500,000 Section 179 deduction for Iowa; no 2015 conformity.

 

20130218-1What do you mean, IBM doesn’t stock the vacuum tubes anymore? IRS Systems Outage Shuts Down Tax Processing (Accounting Today):

The Internal Revenue Service said Wednesday evening its tax-processing systems have suffered a hardware failure and that tax processing could be affected into Thursday.

“The IRS experienced a hardware failure this afternoon affecting a number of tax processing systems, which are currently unavailable,” said the IRS. “Several of our systems are not currently operating, including our modernized e-file system and a number of other related systems. The IRS is currently in the process of making repairs and working to restore normal operations as soon as possible. We anticipate some of the systems will remain unavailable until tomorrow.”

The IRS says it’s confident that it will have the system restored by the weekend and that any refund delays will be minor.

Related: IRS Having One of Those Days (Caleb Newquist, Going Concern); TaxGrrrl, IRS Website Hit With Hardware Failure, Some Refund & Payment Tools Unavailable.

 

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Jason Dinesen, The Iowa Trust Fund Tax Credit is $0 for 2015

Robert Wood, Perfectly Legal Tax Write-off? Lawyer Fees — Even $1,200 An Hour

Russ Fox, A Tale of Three States. “Hawaii, Indiana, and Mississippi are three states where daily fantasy sports (DFS) is being debated. The three states are representative of what is likely to occur in every state.”

Keith Fogg, Verification of Bankruptcy Action in a Collection Due Process Case (Procedurally Taxing). “Because Appeals employees often have very little knowledge of bankruptcy, this case points out the need to pay careful attention in CDP cases that follow bankruptcy actions and challenge verifications where the Appeals employee fails to acknowledge the impact of the bankruptcy case.”

Bob Vineyard, Aetna Not Pulling Plug on Obamacare …. Yet (InsureBlog). Many Iowans get coverage through Aetna’s Coventry unit. But as the company expects to lose $1 billion over two years on Exchange policies, their willingness to continue to provide ACA – compliant policies on the exchange will be sorely tried.

Jack Townsend, Another Taxpayer Guilty Plea for Offshore Account Misbehavior

Peter Reilly, Tax Dependency Exemptions For Noncustodial Parents – It Is All About Form 8332. It really is. Form 8332 provides a way for couples to continue fighting long after the divorce is final.

Jim Maule, “Can a Clone Qualify as a Qualifying Child or Qualifying Relative?”

 

Scott Greenberg, The Tax Benefits of Having an Additional Child (Tax Policy Blog). In case your decision hinges on this.

Renu Zaretsky, Debates, Energy, Credits and PrepToday’s TaxVox roundup covers tonight’s Democratic Debate, energy tax policy, and a shutdown of 26 Liberty Tax franchise operations in Maryland.

TaxProf, The IRS Scandal, Day 1,001

 

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Is Hip, Cool Des Moines Really Attracting Migrants? (Lyman Stone). I haven’t seen any local media pick this up, but this is a fascinating look at migration and population patterns Downtown and across Polk County. It is inspired by the recent Politico piece on how hip and all we are (emphasis in original):

In fact, throughout the article, there’s an interesting claim made that the population of downtown Des Moines has risen from 1,000 at some unspecified time in the 1990s, to at least over 10,000 as of 2016. In fact, throughout the article, there’s an interesting claim made that the population of downtown Des Moines has risen from 1,000 at some unspecified time in the 1990s, to at least over 10,000 as of 2016.

The claim turns out to be exaggerated, but only a little:

Downtown Des Moines probably did not gain 10,000 residents from the late 1990s to 2016, nor does it seem likely that it had just 1,000 residents at any time in the last few decades. However, that doesn’t mean the essential claims of Woodard’s story are wrong. Au contraire, Des Moines has gained about 10,000 people since 2000, and has about 9,000 more people than we would expect had 1987 growth rates continued. That’s a meaningful acceleration in urban growth, and a significant number have been headed to the very center of the city.

It’s a great read with some surprising observations about how suburban and downtown growth complement each other.

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Tax Roundup, 2/3/2016: Should tax pros cheer tax complexity? And: 1000 Days of TaxProf scandal coverage.

Wednesday, February 3rd, 2016 by Joe Kristan
Remember, nobody else at the firm ever agrees with me.

Remember, nobody else at the firm ever agrees with me.

Am I more important than you? Yesterday’s post, where I left enough clues to enable people to determine which (losing) candidate I supported at the Iowa Caucuses, provoked this comment:

You voted for Rand Paul? Rand Paul who wants to pass a flat tax and put all the tax professionals out of business?

It’s a statement that verifies the darkest suspicions one might have of the tax profession.  Unless, of course, the commenter, who has “CPA” on his post name, is being sarcastic.

There is certainly a case to be made that an income tax like the one we have is the best way to raise revenue. You could make an honest case also that it is wise to use the tax law to achieve non-tax social goals. While I would disagree, such arguments have a long tradition and reasonable intellectual underpinnings. There’s an argument that in a complex economy, we should expect a complex tax system, and the need to hire tax professionals is a collateral cost to achieve a greater benefit.

But that’s not what the commenter is saying. He is saying that ensuring the ability of tax professionals to make a living off the tax system should be a policy goal. If he means more, he leaves it out; that’s the entire comment.

Sometimes taking an argument to its logical conclusion helps shed light on a system. What if we could magically create a tax system that would grow the economy by a million extra well-paying jobs a year, but was so easy to administer and comply with that it would eliminate the jobs of all 674,686 IRS- registered tax professionals? Oh, and it would cure cancer, too. An objective observer would choose the magical system, and would rightly regard any tax preparer who fought against it to preserve his own job as a monster.

The interest of tax preparers, while obviously important to me, can never be the primary concern of tax policy. Otherwise you would argue for ever-more complex taxes and ever-higher rates to make it harder to do without us. Considering the embarrassment of riches our current tax system offers to those of us who feast on complexity, arguing for more is both unconscionable and redundant.

That gets me back to Mr. Paul, who, according to my Twitter feed, will leave the race today. His tax proposal is a version of a consumption tax that, according to the Tax Foundation’s dynamic projections, would both reduce the budget deficit and grow the economy. It is the only plan that would do both. In contrast, the Bernie Sanders plan would do awful things to the economy, but it would sure make tax preparers more valuable. While people I respect support Sanders for reasons I find incomprehensible, none of them do so to make a living off of forced extractions from others.taxplanchart

Everybody who does tax for a living does so knowing that a stroke of the pen could put us out of business. My dentist taunted me with this observation before I even started my first tax job. I have always set my lifestyle and expectations accordingly. While I’ve made a living off the tax law, the world certainly doesn’t owe it to me, or to anyone else.

 

Kyle Pomerleau, Scott Greenberg, How Danish is Bernie Sanders’s Tax Plan? (Tax Policy Blog):

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But it would be great for tax pros!

 

TaxProf, The IRS Scandal, Day 1,000. Thanks to Paul Caron for his persistence in paying attention to the past and continuing IRS abuse of power.

William Perez, 8 Reasons to Ask the IRS for a Tax Extension. Always better to extend than amend.

Peter Reilly, Tax Dependency Exemptions For Noncustodial Parents – It Is All About Form 8332

Robert Wood, Winner Of $1.6 Billion Powerball Jackpot Sued By Prisoner

TaxGrrrl, Congressman’s Son Sentenced To Five Years In Prison On Fraud & Tax Charges. Maybe he’ll meet a Powerball winner.

 

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David Brunori, Paying for Past Sins (Tax Analysts Blog) “The Jindal administration pushed tax cuts without paying for them. It then tried to address the ensuing budget problems with a barrage of gimmicks. For that, the citizens of Louisiana are likely to pay a price.”

Jeremy Scott, Ted Cruz’s Iowa Win Not a Victory for a VAT (Tax Analysts Blog). “Cruz may have a radical tax program, but it hasn’t been a big piece of his campaign.”

Renu Zaretsky, What’s so funny about taxes, love, and solidarity? “Would Americans pay higher taxes with as much love and solidarity for the people of Flint as they donate water? And would my fellow Michigan neighbors pay up, given that state government appointees and representatives caused the problem and then covered it up?” Not to mention the local one-party regime that triggered the crisis in the first place.

News from the Profession. Take the Going Concern Reader Survey (Going Concern).

Kay Bell, North Pole decides to tax marijuana. Maybe that’s why Santa is so jolly.

 

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Tax Roundup, 2/2/2016: I caucused, and lived. And: actually useful things!

Tuesday, February 2nd, 2016 by Joe Kristan

20160131-1Caucuses yesterday, thundersnow today. I caucused last night at the elementary school behind my house. As usual, my candidate did poorly (fourth in my precinct, fifth in the state).

Because they only happen every four years, these things are always a bit chaotic, but the guy running the show did a pretty good job. Once we selected him as a permanent chairman, things went reasonably efficiently. The chairman called on the audience to allow a speaker for each candidate to talk for three minutes. It went alphabetically (apparently “Jeb!” is in the alphabet before “Ben.”). Nobody rose to speak for Fiorina, Gilmore, Kasich or Santorum, telegraphing their poor performances. The Wall Street Journal reports that Gilmore got fewer votes in the whole state than six candidates received in my precinct.

The most entertaining moment was when the last one, a 25-year West Des Moines city councilman speaking for Trump, went over time. He tried to “borrow” time from the campaigns who had no speakers — and was booed into silence.

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Talking for Donald too long.

They then passed out pre-printed ballots — an innovation since the last presidential caucus. The counting went reasonably quickly, with the speakers for each candidate and a TV camera looking over the shoulders of the counters.

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You know by now how Iowa came out, but in case you are curious, here are the results in my precinct: Jeb! 18, Carson 17, Cruz 35, Christie 8, Huckabee 4, Fiorina 1, Kasich 1, Paul 20, Rubio 108, Santorum 4, Trump 56. The suburbs like Rubio.

Now we have a thundersnowstorm going, with 6-10 inches forecast. I’m afraid that if they don’t get out soon, our Caucus media guests may get to enjoy another lovely Des Moines day.

PS. I forgot to add my insta-analysis. Winner: Steve King, who endorsed Cruz, likely pushing him over the top. Losers: Terry Branstad, who came out against Cruz, and only Cruz, trying to turn the vote into an ethanol referendum. Oh, and ethanol.

 

TaxGrrrl, Understanding Your Tax Forms 2016: 1099-MISC, Miscellaneous Income. “A form 1099, Miscellaneous Income, is a “catch all” form. It’s used to report income that can’t be neatly categorized anywhere else.”

Robert Wood, Hate 1099 Forms? IRS Loves Them, Here’s Why

William Perez, Tax Refunds by Direct Deposit: How to Do It and Problems to Prevent

Stephen Olsen, Procedure Grab Bag (Procedurally Taxing)

Peter Reilly, You Do Not Have To File A Joint Return And There Are Some Reasons Not To

Dave Nelson, Cyber insurance advice (IowaBiz.com). “You should purchase cyber insurance this year.”

Kay Bell, February is filled with hearts, flowers, frogs & tax moves

 

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Megan McArdle, Tax Cuts Can’t Motivate the Republican Base Anymore

TaxProf, The IRS Scandal, Day 999. Sadly, Herman Cain is not mentioned.

Alex Durante, Bonus Depreciation Boosts Investment, New Research Confirms (Tax Policy Blog). But Iowa is having none of it.

Richard Auxier, Why are states letting the NFL rule their sales tax out of bounds? (TaxVox

Matt Gardner, What Free Roaming Chickens and Accounting Tricks Have in Common. They’re tough and chewy?

 

Career CornerShould More Accounting Firms Implement ‘Work Anywhere’ Policies? (Caleb Newquist, Going Concern). Some days I have trouble working anywhere.

 

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Tax Roundup, 2/1/2016: Caucus day, and other plagues.

Monday, February 1st, 2016 by Joe Kristan

20160131-1Is there such a thing as snow locusts? Today is the last day Iowa will be plagued by presidential candidates and their relentless ads and emails. Tonight, blizzard and winter storm warnings across the state.

Lots of things go into choosing a candidate. We kid ourselves if we think it is all rational. Many voters put as much thought into their political preferences as they do into choosing a favorite sports team. Most voters are much more informed about their sports teams than their votes.

But Tax Update readers are different!  You especially want to know about candidate tax policies. Fortunately, the Tax Foundation has an excellent Comparison of Presidential Tax Plans and Their Economic Effects. I like this chart they provide:

taxplanchart

You’ll notice that only one plan is projected to have positive economic effects while reducing the budget deficit over 10 years. I like that one.

 

Other Caucus-related links:

Tax Policy Center Major candidate tax proposals, a center-left analysis.

TaxProf, Clinton (47%), Sanders (54%) Propose Highest Capital Gain Tax Rates (Now 24%) In History

Tyler Cowen, My favorite things Iowa (Marginal Revolution). “The bottom line: Who would have thought ‘jazz musician’ would be the strongest category here?” Speak for yourself, buddy!

 

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Russ Fox, The Liberty to Commit Tax Fraud:

This story does show two things. First, requiring every tax professional to obtain a license won’t stop tax fraud. The alleged fraud here was started by an individual with a PTIN, someone who assuredly could obtain the former RTRP designation or the current AFSP “seal of approval.” Second, the Department of Justice news release notes, “In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers.” This is absolutely true, and the DOJ should be commended for their work. It also shows that licensing every tax professional isn’t needed to get rid of unscrupulous ones.

Amen.

William Perez, When Does an 83(b) Election Make Sense? 

Paul Neiffer, Pre-1977 Purchases May Get 100% Step-up or Not! Involving old joint interests in property.

Kay Bell, W-2, 1099 forms delivery deadline is here

Jack Townsend, 60 Minutes Exposé on Money Laundering Into the U.S.

Jason Dinesen, Not All Donations to Charity Are Deductible. Time, for example.

Kristine Tidgren, Des Moines Water Works Lawsuit Gets More Complicated (AgDocket)

Peter Reilly, NorCal Tea Party Patriots V IRS – Grassroots Or Astroturf?

Leslie Book, Migraine Caused by Improper IRS Collection Action During Bankruptcy Stay Triggers Damages for Emotional Distress

Robert Wood, Worst Lottery To Win Is IRS Audit Lottery, So Decrease Your Odds

TaxGrrrl, Understanding Your Tax Forms 2016: 1098-T, Tuition Statement

Tony Nitti, IRS Rules On Whether Trade-In Of Private Jet Qualifies For A Tax-Free Like-Kind Exchange

Happy Blogiversary! to Hank Stern for 10 years of Insureblog.

 

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Matt Gardner, International Speedway Reaps Benefits of Revived “NASCAR Tax Break” (Tax Justice Blog). In which the Tax Justice people sctually make a lot of sense: “In the context of our growing budget deficits, the annual cost of the NASCAR giveaway is a drop in the bucket at less than $20 million, making it a small part of the $680 billion extenders package. But because its benefits are narrowly focused on a few privileged companies, the damaging effects of this tax break go way beyond its fiscal cost.”

Donald Marron, What Should We Do with the Money from Taxing “Bads”? (TaxVox)

TaxProf, The IRS Scandal, Day 996Day 997, Day 998. Day 997 links to  IRS’s New Ethics Chief Once Ordered Records Be Illegally Destroyed. These are the people who think they need to regulate tax preparers to keep us in line.

 

Scott Drenkard, David Bowie: Tax Planning Hero (Tax Policy Blog). “Taxes really matter, especially for an artist like Bowie who had a lot of options for where to reside and earn income.”

Robert D. Flach, THE TWELVE DAYS OF TAX SEASON

 

Finally, in honor of the Iowa Caucuses I quote the great Arnold Kling, who captures my feelings about these proceedings perfectly:

To me, political campaigns are not sacred events, to be eagerly anticipated and avidly followed. They are brutal assaults on reason. I look forward to election season about as much as a gulf coast resident looks forward to hurricane season.

Only the beginning of a wise and profound post. Read it all.

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Tax Roundup, 1/29/16: Iowa House passes $500,000 Section 179, but prospects bleak in Senate. And: Iowa may give guy a break.

Friday, January 29th, 2016 by Joe Kristan

Accounting Today visitors: Click here to go directly to the newsletter link on cheaper returns.

coupling20160129Accelerating to a stop. When a household is short of cash, the family usually spends less. Iowa has a different approach. They pick your pocket.

The Iowa House of Representatives yesterday voted 82-14 to retroactively couple with all of the 2015 federal tax law changes except bonus depreciation (HF 2092, formerly HSB 535). This would allow Iowa businesses to deduct up to $500,000 in annual purchases of otherwise-depreciable fixed assets under Section 179. Governor Branstad’s budget would limit the deduction to $25,000 — an unexpected departure from Iowa law for the past several years and a significant tax increase.

You would think that an overwhelming bipartisan vote in favor of the $500,000 version would foreshadow quick passage by the Senate. Alas, no.

I talked to some legislators yesterday when I participated in the Iowa Society of CPAs annual Day on the Hill. It appears that Governor Branstad and Senate Majority Leader Gronstal have a little bipartisan deal of their own to kill Section 179 coupling.

That’s not how Sen. Gronstal explains it. From the Quad City Times:

Senate Majority Leader Mike Gronstal, D-Council Bluffs, said his majority caucus would consider what the House passed, but he expressed doubt about moving ahead with a concept at variance with the governor given a similar course of action last session for education funded ended with a gubernatorial veto.

“I don’t like doing things that I know will get a certain veto,” Gronstal said. “That doesn’t seem to me to make a lot of sense. The governor doesn’t have this in his budget.”

I came away understanding that the voice of the majority caucus is really the voice of Sen. Gronstal, and that Section 179 coupling will never come up for a vote in the Senate. I assume it is because both the Governor and the Majority Leader want the money for their own priorities: more cronyist tax credits for Gov. Branstad, and more spending for Sen. Gronstal.

That’s a crummy deal for the thousands of small businesses that suddenly will see a big unanticipated tax increase. It also seems like a deal that would be vulnerable to an insiders vs. Main Street challenge. The tax credits that the Governor wants to fund go to a narrow set of taxpayers. For example, in 2014 $42.1 million of refundable research credits went to 16 big taxpayers. That’s almost enough to pay for half of Section 179 coupling $90 million cost by itself.

Here is the complete menu of incentive and economic development tax credits in the Governor’s budget:

Iowa credits fy 2017

The refundable sales tax credit goes largely to the big data center companies Facebook, Microsoft and Google. The Enterprise Zone Housing credit and High Quality Jobs credits are big company credits that you have to through the economic development bureaucracy to cash in on. The rest of the credits are mostly for favored industries who get breaks unavailable to the much larger universe of other businesses that have to pay full freight.

It might still be possible to get the Governor and/or the Majority leader to see things differently. That will require taxpayers and practitioners to convince their legislators that small businesses and farmers shouldn’t have to stand in line behind insiders.

It’s not clear to me what form the extension will take under the Governor’s program. I was unable to confirm whether the Senate will skip 2015 conformity entirely, as outlined in Sen. Anderson’s newsletter. I have inquiries in.

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Des Moines Register, Iowa agrees to review man’s $5,000 tax refund request. Some good news in the story we mentioned yesterday of the retired maintenance man who inadvertently conceded to a $5,000 liability he didn’t owe.

 

It’s serious. You know tax season is truly underway when Robert D. Flach posts his last Buzz roundup before disappearing into his hive to make his artisanal hand-crafted 1040s. Im starting to think Robert isn’t Donald Trump’s biggest fan.

TaxGrrrl live-blogged the GOP debate last night. I just did a drive-by, myself. Literally; I drove past the venue on my way home last night. No, I didn’t have it on the radio.

Robert Wood, What To Do If IRS Form 1099 Reports More Than You Received

Peter Reilly, Tax Foundation Analysis Of Sanders Plan Only Shows Downside. On the plus side, you could worry less about your investments, as you wouldn’t have as many.

Jason Dinesen, Having Negative Taxable Income Doesn’t Mean the Government Pays You Extra

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Scott Greenberg, The Sanders Tax Plan Would Make the U.S. Tax Rate on Capital Gains the Highest in the Developed World (Tax Policy Blog).

Renu Zaretsky, No Trump, No Problem. The TaxVox headline roundup today covers Google’s tax travails, “tampon taxes,” and candidate tax plans.

TaxProf, The IRS Scandal, Day 995

News from the Profession. Life at EY Involves Food, Technical Difficulties (Caleb Newquist, Going Concern).

 

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Tax Roundup, 1/28/16: Iowa Governor reportedly opposes 2015 coupling for anything. And: Ethanol execs accused of payroll tax crimes.

Thursday, January 28th, 2016 by Joe Kristan


couplingNo 2015 coupling at all? 
I had been under the impression that Governor Branstad’s budget proposal would not couple Iowa’s tax law for the $500,000 Section 179 limit or bonus depreciation, but would couple otherwise. A newsletter from Northwest Iowa Senate Republican Bill Anderson says I was mistaken:

Last week we learned Governor Branstad’s budget supports updating Iowa tax law to conform with changes in the Internal Revenue Code that resulted from federal legislation enacted during 2015. With three significant exceptions:

1. No tax year 2015 coupling. Meaning most of the changes are effective for federal tax purposes beginning in tax year 2015, the bill will not incorporate recent federal changes until tax year 2016. (Items that may impact you are: deduction for state and local sales taxes, above the line deduction for teacher classroom expenses ($250), above the line deduction for qualified tuition and related expenses, discharge of indebtedness on principal residence excluded from gross income.) The estimated fiscal impact of these changes in total is minimal compared to Section 179.

2. No section 179 expensing for tax year 2015 now or into the future, and

3. No bonus depreciation for now or into the future.

The newsletter also provides some detail of the fiscal impact of coupling:

Estimates project just coupling with Section 179 for one year is an approximate $90 million decrease in FY 2016 budget and a revenue increase in FY 2017 estimated roughly to be more than $20 million

This is a lot of money, but it’s a lot less than the $277.3 million the Governor proposes to spend next year on targeted tax credits. While Section 179 benefits business in every county regardless of whether they hire lobbyists or consultants, the targeted tax credits go to big taxpayers and insiders who know how to work the system. We’ll see which constituency is more important to the General Assembly.

Today is the Iowa Society of CPA’s “Day on the hill.” I will be there pushing for coupling. I will confirm the no-coupling-for 2015 report. I also hope to find out whether Senate Democrats have any interest in Section 179 coupling. The Republican House is expected to pass a bill (HSB 535) with Section 179 coupling (Update, 9:44 am: Full 2015 coupling (except bonus depreciation) passed in the House this morning, 82-14).

Related: Eye on the Legislature 2016.

 

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It’s an awful idea to “borrow” payroll taxes. Iowa Businessmen Indicted for Failing to Pay Employment Taxes (Department of Justice Press Release):

Randy Less, 48, of Hopkinton, Iowa, and Darrell Smith, 59, of Forest City, Iowa, are each charged with multiple counts of willfully failing to truthfully account for, and pay over federal income, social security and Medicare taxes that were withheld from the wages of the employees of Permeate Refining Inc., which was in the business of ethanol production.

According to the allegations in the indictment, Less was the majority owner, a general partner and the general manager of Permeate Refining Inc. in Hopkinton.  In those roles, Less had the responsibility to collect, truthfully account for and pay over to the Internal Revenue Service (IRS) federal income, social security and Medicare taxes withheld from the wages of his employees.  From approximately the fourth quarter of 2009 and continuing through the fourth quarter of 2010, Less is alleged to have willfully failed to pay over to the IRS more than $116,000 in withheld taxes.

The indictment further alleges that a company called Algae Energae purchased an ownership interest in Permeate in September 2009.  After that purchase, it is alleged that Smith, a corporate officer and manager of Algae Energae, also had the responsibility to collect, truthfully account for and pay over to the IRS taxes withheld from the wages of Permeate’s employees.  From approximately the first quarter of 2011 and continuing through the third quarter of 2012, both Less and Smith are alleged to have willfully failed to pay over to the IRS more than $307,000 in withheld taxes.

The IRS has resorted increasingly to criminal charges when payroll taxes go unpaid for a long time. While the defendants in this case are presumed innocent unless and until the IRS proves its case in court, the indictment reminds us that failing to remit payroll taxes is serious business. If you find yourself having to choose who to pay, remember that only the tax man has badges and guns, and that their liability doesn’t go away in bankruptcy.

 

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Robert D. Flach, WHO MUST FILE A 2015 TAX RETURN

TaxGrrrl, ‘Bug’ Exposes Uber Driver’s Tax Info, Including Name and Social Security Number

Kay Bell, Uber oops: driver’s tax info exposed on ride share site

Jack Townsend, More on the U.S. as the World’s Tax Haven

 

David Brunori, Most People Lose When Pols Pick Winners and Losers (Tax Analysts Blog). “Tax systems should have as little impact on economic decision-making as possible.”

TaxProf, The IRS Scandal, Day 994

Alan Cole, New CBO Report Shows Declining Share of C Corporations (Tax Policy Blog):

entity filings chart

Some businesses (but not all businesses, just those with a disfavored legal structure) pay a 35% rate at the entity level, followed by taxes of up to 23.8% at the shareholder level. Others, like partnerships and sole proprietorships, have taxes paid by their owners commensurate with their owners’ income in a single layer of taxation. Of course nobody wants to be a C corporation.

And yet certain politicians tell us that we just need to continue the beatings until corporate morale improves.

Renu Zaretsky, When Sharing is Caring… or Scary. Today’s TaxVox roundup covers candidate tax plans, Google and Facebook taxes, and more.

News from the Profession. I Am a Millennial Accountant, and I Hate Accounting (Chris Hooper, Going Concern)

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Tax Roundup, 1/27/16: Sign right here, friend, it’s just paperwork! And: Tax Foundation vs. U of I prof.

Wednesday, January 27th, 2016 by Joe Kristan

20151124-1What you’re signing isn’t necessarily what the nice salesman says you’re signing. A sad tax story in the Des Moines Register today shows how easy it is for a taxpayer to commit to a bad deal. The story, Misclassified: Iowa won’t refund veteran’s $5K payment, tells how a maintenance worker who was erroneously paid as an independent contractor by a Cedar Rapids furniture store ended up conceding a $5,000 sales tax liability he didn’t owe.

Iowa imposes a sales tax on “Janitorial and building maintenance or cleaning” for non-residential buildings. Because he was paid as an independent contractor, Iowa asserted sales tax on maintenance man James Robertson. He argued that he should have been classified as an employee, which would make the sales tax go away.

According to the story, Iowa was hounding him for unpaid taxes and preventing him from renewing his driver’s license. So he settled with Iowa for a $5,000 payment. From the story:

But he did so believing that the money he borrowed from a friend would be returned once a federal review process he was pursuing verified his claim he was not a contract worker.

The Internal Revenue Service on Oct. 14 determined that Robertson was indeed wrongly classified, documents he provided to The Des Moines Register show.

But that doesn’t mean he gets his $5,000 back, according to the Department of Revenue:

Victoria Daniels, a spokeswoman for the Department of Revenue, said it’s unlikely Robertson can win an appeal because he participated in what her agency calls its “offer in compromise” program.

Robertson signed a document during the settlement negotiations saying he accepts that “all administrative and judicial protests and actions filed in relation to these taxes and tax periods be dismissed.”

“When a person signs an offer in compromise, one of the things that they are signing their names to is the fact that they are giving up their appeal rights and the rights to get any of that money back,” Daniels said. “When you sign an offer in compromise with the Department of Revenue you are signing away any appeal rights you may or may not have had.”

IMG_1287Mr. Robertson didn’t think that’s what he had signed, according to the story (my emphasis):

Robertson said the documents he signed pertained to unpaid tax liabilities, not to his rights to a refund for taxes he never owed. And he said the department collectors led him to believe a refund would be made in the event it was shown he’d been unjustly classified as a contract employee.

This is why any battle between an unrepresented taxpayer and a tax agency is an unfair fight. The taxpayer drew a distinction between tax liabilities and tax refunds that doesn’t matter here. It’s all just taxes. While the nature of the document he signed may have been obvious to the people at the Department of Revenue who work with these things every day, it was all new and unclear to a taxpayer who had never encountered an offer in compromise. I hope he can find a way to get back his $5,000.

The Moral: In any tax controversy, be very careful what you sign. There are a number of ways you can forfeit important rights. If the dollars are big enough to matter to you, hire a tax pro. It doesn’t appear that Mr. Robertson did. Having a guide to the bureaucracy can be a big equalizer in an unfair fight. It’s not right to have to pay someone to help you avoid a tax you don’t owe in the first place, but it might be necessary to avoid something much worse.

 

 

Peter Fisher

Peter Fisher

Joseph Henchman, Open Letter: Errors on Peter Fisher’s Grading the States Website. The brilliant Mr. Henchman takes on U of Iowa prof and tax complexity advocate Peter Fisher’s attack on the Tax Foundation’s State Business Tax Climate Index.

Like most people who dislike the Tax Foundation’s ratings, Mr. Fisher doesn’t like the Index because it doesn’t measure things he wants to measure. But the Index only tries to measure business tax climate. It doesn’t measure regulatory climate, or quality of education, quality of life, weather, or income inequality. And because it makes states with certain tax policy sets look bad, people with an affinity for high taxes or crony capitalism try to change the subject.

 

Paul Neiffer, What Gets a Step-Up. “I continue to get questions regarding how much of a step-up in cost basis farmland gets when someone passes away.  Again, as with most tax questions, it depends.”

Kristine Tidgren, Iowa Supreme Court Says Ag Lease Violates Iowa Constitution (Ag Docket). “Article I, section 24 of the Iowa Constitution states that no lease of agricultural lands ‘shall be valid for a longer period than twenty years.'”

William Perez, Should Married Couples File Taxes Separately? “The Married Filing Separately filing status provides fewer tax benefits than filing joint returns, but it does protect each spouse from any tax mistakes the other spouse makes.”

Kay Bell, 3 marriage-related tax tips to celebrate Spouse’s Day

Jim Maule, “Who Knows the Tax Code Better Than Me?”. “No, it’s not ME asking that question. Who asked it? According to this story, Donald Trump did.” I suspect Mr. Trump knows just enough to hire someone who really does understand the tax law.

G. Brint Ryan, Fee Arrangements are a Matter between Taxpayers and their Advisors. “In an important win for business against government encroachment, a California Superior Court recently invalidated a rule restricting taxpayers from paying performance-based fees for professional services.”

Robert Wood, Missing An IRS Form 1099 For Your Taxes? Keep Quiet, Don’t Ask!

TaxGrrrl, Executors Seek $100 Million For Work On Estate Of ‘Queen Of Mean’ Leona Helmsley

Robert D. Flach, WHAT IS GOFUNDME?

The circus is in town. A media center takes shape at Capital Square, downtown Des Moines.

The circus is in town. A media center takes shape at Capital Square, downtown Des Moines.

 

TaxProf, The IRS Scandal, Day 993. “Citizens Against Government Waste, CAGW Names IRS Commissioner John Koskinen 2015 Porker of the Year

Jacob Sullum, Corny Crony Capitalism in Iowa (Reason.com). “The RFS raises food prices and imposes a hidden tax on motorists because ethanol is more expensive than gasoline and produces less energy per gallon. Between 1982 and 2014, Manhattan Institute Senior Fellow Robert Bryce found, ethanol cost an average of 2.4 times as much as an energy-equivalent amount of gasoline.”

Howard Gleckman, Tyco, Tax Inversions, Income Shifting, and Lost Revenue (TaxVox)

Stuart Gibson, The Dissonance of European Tax Harmonization (Tax Analysts Blog). “The question: Why do so many Americans, even those new to the country or born to immigrant parents, find it so easy to self-identify as American, while so few Europeans identify primarily as European?”

Meg Wiehe, What to Watch for in 2016 State Tax Policy: Part 1 (Tax Justice Blog)

 

Career Corner. How Will Your Team Air Its Grievances This Busy Season? (Caleb Newquist, Going Concern).

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Tax Roundup, 1/25/16: Four steps to a quicker, cheaper 1040. And: ID theft – prevention vs. punishment.

Monday, January 25th, 2016 by Joe Kristan

1040 corner 2015How to make your tax return cheaper. If you don’t have all of your 1099s, brokerage statements and so on, there’s a good chance you’ll have them by the end of the week (but if you’re waiting on K-1s, forget it). Then you will want to send it all to your tax pro and get it back right away. If you want to get it back quickly, and keep your fee down, the best way is to provide everything your tax pro needs the first time.

Every time we have to ask you a question or track down a document, it slows things down, and the fees start to creep up. Here are a few things taxpayers commonly forget to do or include.

Go through the tax organizer and at least answer the questions. Many taxpayers just return a blank organizer with their 1099s. That’s unwise. The question part is there for a reason. For example, it identifies life events that don’t show up on 1099s or W-2s. Once a client mentioned his wife in a phone conversation. I had improperly prepared returns for him as single for two years. Of course, the “change in marital status” question on the questionnaire had been returned unanswered on his blank organizer both years.

Double-check your estimated tax payments. The standard answer tax pros get from taxpayers who return blank organizers is “I sent in all the payments you said on the dates you said.” And sometimes that’s actually true, but quite often it isn’t. That leads to IRS notices, tax penalties and extra tax pro fees. Go through your check register and bank statements and write down the actual dates and amounts on the organizer — or send copies of the cancelled checks from your statements.

Spend a few minutes culling your information. You don’t want to pay your tax pro to dig through your utility bills, cable provider statements, and junk mail to find your charitable contributions and information returns. Clear out the junk before you bring it in.

Make sure your contact information is current. If we do have to ask you questions, it’s a lot easier if we have your current email address and the right cell phone number.

This is the first of our 2016 filing season tips. Look for these occasionally until April, when they will come thick and fast. 

Related: Robert D. Flach, DON’T BE IN SUCH A HURRY – BUT DON’T WAIT UNTIL THE LAST MINUTE. “I have a strict long-standing rule that all returns that are not literally in my hands, with all the necessary information, by March 19th will be automatically extended!”

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Jim Maule, Will Providing a Driver’s License Number Reduce Tax Return Identity Theft?:

The problem is two-fold. On one side, better systems of identification are necessary, and need to be based on information that is not as easily stolen. Databases need to be secured more carefully than at present. On the other side, identity thieves and those thinking of engaging in that behavior need to be presented with changes in their risk analysis. Not only are better methods required to track them down, they also need to face more severe consequences for their behavior.

I think the penalties in place are already severe enough. The problem is that it is too easy to steal tax refunds. The grifters that go in for identity theft aren’t known for impulse control or careful weighing of benefits and costs. They just know that with the right personal information and a copy of Turbotax, they can make prepaid debit cards rain on their mailboxes. And, of course, the overseas crime syndicates don’t care about the penalties, because they are unlikely to ever face them.

It’s much more important to improve IRS procedures to thwart I.D. theft in the first place. The IRS is finally taking needed steps here, but lots of horses are already out of the barn.

TaxGrrrl, 11 Tips To Protect You From Identity Theft & Related Tax Fraud

 

Russ Fox, An Entity a Day Will Keep the IRS Away, Right? “Here’s a scheme that’s sure to work to avoid remitting payroll taxes to the IRS. Every day (or week or month), I’ll form a new business entity that’s collecting the tax. Once the amount due to the IRS gets large, I’ll just use a new entity. The IRS will never catch on, right?” As Russ explains, wrong.

Kay Bell, Taxpayers want up-front pricing from paid tax preparers.

William Perez, Taxes When Hiring Household Help

Matt McKinney, Anonymous ownership in an Iowa LLC (IowaBiz.com).

Jack Townsend, More on Transparency for Entities Acquiring Valuable Real Estate in Some U.S. Markets

Robert Wood, Trump Is Unapologetically Aggressive On Taxes, Like Buffett And Bono. All the sort of folks who are happy to increase taxes, on other people.

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Kadri Kallas-Zelek, Incorrect Claims for Earned Income Tax Credits Are Likely to Become More Costly (Tax Policy Blog). “The IRS estimates that for the fiscal year 2013, improper payments from EITC amounted to $13.3 to $15.6 billion, or 22 to 26 percent of total EITC payments.”

TaxProf, The IRS Scandal, Day 989Day 990Day 991. Hard drives as doggie treats.

Renu Zaretsky, Snow, Settlements, and Sales Taxes. Today’s TaxVox headline roundup covers Snowzilla, online sales tax cheats, and Oregon liquor taxes, among other things.

Matt GardnerAdobe Shifts Hundreds of Millions Offshore, Revealing, Like PDF Documents, Its Profits Are Portable Too (Tax Justice Blog). For some reason, this only inspires the Tax Justice folks to do what’s failing more and harder.

 

Career Corner. Let’s Review: Deloitte Demotivation, Denim, Bad Managers (Caleb Newquist, Going Concern).

 

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Tax Roundup, 1/19/16: Thieves holiday! Filing season underway today.

Tuesday, January 19th, 2016 by Joe Kristan

1040 corner 2015It begins. The official start of filing season is today. That means the IRS will begin processing electronic return filings today. That doesn’t mean all that much.

Well, it means something to the people most eager to file 2015 1040s: the identity thieves. They don’t have to wait on real W-2s and other information returns, most of which don’t have to be provided to recipients before February 1. The thieves like to file right away, before the real taxpayers e-file and block them.

It means something to earned income tax credit fraudsters. Claiming a little qualifying income on a phony schedule C is standard operating practice for EITC scams, and you can file in a hurry when you just are making it up.

For most other taxpayers, the opening of filing season is a non-event. They are still waiting on the W-2s, their 1098s for their home mortgage interest, and their 1099s for interest and dividends. Especially dividends, as the big brokerage houses routinely get extensions for issuing their 1099s, and then issue amended ones anyway. And K-1s for partnerships and S corporations often aren’t even ready by the filing deadline.

The information return wait will be longer for many of us this year. This is the first year many businesses are required to issue 1095-Bs and 1095-Cs to report health care coverage to their employees under the Affordable Care Act. These forms are supposed to enable employees to determine their coverage credits and penalties. When it became clear that many employers would be unable to meet the deadline for completing these complex forms, the IRS rolled back their deadlines. The IRS says employees can file their 1040s using “other information” to compute their ACA taxes and credits, but we don’t know yet if people will try.

Don’t be hasty. It is unwise to try to file returns before you have all of your information returns. Especially don’t try to file using your last pay stub instead of your W-2. You’ll probably get it wrong. Worse, if your employer is participating in a new IRS program where W-2s get a unique anti-theft ID number, you’ll delay your refund.

This convicted ID thief likely was a first-day filer.

This convicted ID thief likely was a first-day filer.

It’s better to extend than amend. Whatever benefit you get from filing your return a little sooner, it is lost if you have to file an amended return for a corrected 1099, or for one you didn’t expect that showed up late.

You can file a FAFSA using estimated amounts. One of the biggest causes for taxpayer impatience is the need for tax return information to complete their “Free Application for Federal Student Aid,” which asks for numbers off the 1040. But the FAFSA allows you to use estimates if you haven’t filed your 1040. If you are awaiting a K-1, you’re better off filing your FAFSA based on an estimate than hounding the tax preparer to file a 1040 with incomplete information.

The system should change. Allowing e-filing before any of the information return deadlines almost seems to be a special IRS fraud-filing feature. Given the identity theft epidemic, it’s irresponsible for IRS to be sending billions to grifters before they can cross check returns against third-party information. The third-party filings should have unique identifiers for taxpayers to use to show that they aren’t ID thieves.

The culture should change. Everybody gets excited about a big refund. That just means you gave the government a big interest free loan. Withholding tables should be modified to not generate big refunds, to reduce the pressure for rapid refunds. Penalty thresholds for underpayment should be lowered so that taxpayers accidentally underwithheld aren’t clobbered. People shouldn’t think it’s good to let the Leviathan have their extra cash.

Related: 

TaxGrrrl, Another State Puts Brakes On Tax Refunds, Citing Concerns About Identity Theft;

Accounting Today, IRS Launches Free File for New Season.

Russ Fox, Same as Last Year Doesn’t Work. “Robert Flach has a post today where he notes the information that’s needed to prepare a tax return. I don’t have much to add to his excellent list (though I do need to see your W-2Gs, too).”

 

Enjoying a short Des Moines winter commute.

Enjoying a short Des Moines winter commute.

Gazette.comGeorgia man linked to 2014 UNI data breach charged with tax fraud:

A Georgia man linked to a University of Northern Iowa data breach in 2014 has been charged with tax fraud in federal court.

Bernard Ogie Oretekor, 45, also known as Emmanuel Libs, was charged last week with theft of government property and aggravated identity theft.

How did a Georgia man from Nigeria get past the IRS? It apparently isn’t too hard:

The California indictment shows Oretekor and his co-defendant sent victim’s “phishing” emails to capture their usernames and account passwords. When victims clicked on the link in the phishing emails it sent them to a fraudulent website and when they logged in their usernames and passwords were captured, which allowed the defendants to access the victims’ accounts.

Be smart. I’ve never seen a real email that requires you to “update your information” for your bank, credit card, etc. Don’t click on links from emails you aren’t expecting, and don’t provide information to them. If you really need to check your information, close the email and go to the actual bank or vendor website directly.

 

Robert D. Flach has a wintry Tuesday Buzz! Bartering, bad taxpayer service, and much more.

William Perez, Can Two Taxpayers Claim Head of Household Status at the Same Address?

Robert Wood, Goldman Sachs’ Historic $5 Billion Settlement Has Silver Lining: Tax Deduction

Kay Bell, Lotteries aren’t budget bonanzas for states

Congratulations to a longtime Iowa Business Blogger. 2016 Brings 10th Anniversary of Rush on Business

 

TaxProf, The IRS Scandal, Day 985

Cara Griffith, Why the Minnesota Tax Court Is Making Me Paranoid:

Here’s my concern: In doing regular research, staff at Tax Analysts realized that the Minnesota Tax Court hadn’t published any new opinions to its website in several months. That is odd, so an inquiry was sent to the court to ask if the location of published opinions had changed or if the court had stopped publishing opinions.

The court responded that its website was under construction and that recent tax court decisions could be found on Westlaw. Eventually it added that a paralegal would attend to the request – next week.

That’s sad and lame. And, as Ms. Griffith points out, Westlaw is expensive. Here in Iowa, the Department of Revenue hasn’t put new rulings online since November 5, and now their new ruling website appears to have blown up. Here’s how it looks this morning:

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Oops.

 

Renu Zaretsky, All’s fair in debates and taxes…. Today’s TaxVox headline roundup covers how taxpayers will feel the Bern, the attempt to subvert Colorado’s taxpayer protections, and much more.

 

News from the Profession. In 2016, The War Rages On for All the Management Accountants (Caleb Newquist, Going Concern).

 

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Tax Roundup, 1/13/16: Considering the “small partnership exception.” And lots more!

Wednesday, January 13th, 2016 by Joe Kristan
Today in Helsinki. Photo: Sini Hämäläinen

Today in Helsinki. Photo: Sini Hämäläinen

Small partnerships, big risks. A venerable voice in Iowa tax, Neil Harl, has for some time touted the “small partnership exception” as a way for partnerships with 10 or fewer members to avoid filing tax returns, and the operation of the partnership rules in general. A version of it appeared at Tax Analysts yesterday ($link), where he argues that a tax case defeat for a non-filing small partnership does not call his argument into question. Non-subscribers can read his basic argument here.

I find it unconvincing as a legal matter. Dr. Harl’s argument is that a provision that applies by its terms to the Code subchapter covering how partnership examinations are conducted (“For purposes of this subchapter,” meaning Chapter 63, Subchaper C) creates a blanket exemption to the filing requirement imposed in a different part of the code (Chapter 61, Subchapter A). Time has resolved the argument after 2017 as the Code section Dr. Harl relies on has been repealed effective in 2018.

1065 2015 cornerStill, even assuming Dr. Harl is correct on the law, he is unconvincing on the practicalities. Dr. Harl himself says that partnership failure to file penalties are proper unless “all partners have fully reported their shares of the income, deductions, and credits of the partnership on their timely filed income tax returns.”

That puts any managing partner at the mercy of his least responsible partner. There’s no practical way to force a partner to file. In a ten-person partnership, one non-filing partner triggers $1,950 in monthly failure to file penalties. That’s a big risk for a partner to take on just to save filing a return, and it was a losing bet for the South Dakota Battle Flats partnership.

Dr. Harl summarizes the advantages he sees in his approach (my emphasis):

The availability of the exception generally means a lower annual cost for income tax return preparation and freedom from the onerous penalties for failure to file a timely or complete Form 1065, not to mention the advantage of sidestepping the complex rules that apply to partnerships generally such as the depreciation rules applicable to partnerships after transfer of depreciable assets to the partnership.

The Battle Flats case disposes of the “freedom from onerous penalties” bit. As far as return prep costs, Dr Harl himself notes that the income of a small partnership has to be reported somehow:

So how do the small partnerships report their income? The statute is not clear on that point but the definition of “partner” implies that each partner is to take into account the “partnership items” which would include income, gains, losses and credits. Those items would be reported on Schedule C, F or E as would be appropriate for that partner.

That means the partnership has to provide each partner with the income from operations sorted in a way that enables the partner to properly file their 1040s. That’s exactly what Form 1065 and its Schedule K-1 do. Either you prepare a homemade document to do what the K-1 does, or you do a K-1. It’s hard to see why it’s cheaper to design a homemade K-1 than to use the one the IRS provides.

Tax pro Chris Hesse responds to Dr. Harl in the comments to his Tax Analysts piece:

Readers who carefully read Rev. Proc. 84-35 will conclude that Dr. Harl’s position is not sustainable. Those who follow Dr. Harl’s path will find themselves not only subject to the penalties for late filing, but incurring the professional costs of defending a losing argument. Advisors should counsel that it is less costly to comply.

I think that’s correct.  Even if you are convinced that Dr. Harl has the law right, I don’t see why it makes sense for a partnership to place its tax compliance, and the risk of severe non-filing penalties, in the hands of its least responsible partner.

Related: Roger McEowen, IRS Guidance on Reasonable Cause Exception to Penalties for Failure to File Partnership Return Upheld.

 

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Kristine Tidgren, DMWW Court Certifies Questions to Iowa Supreme Court (AgDocket). Developments in the Des Moines Water Works environmental lawsuit against upstream farming counties.

William Perez, New Rules for Deducting Repairs and Maintenance

Tony Nitti, IRS Continues To Whipsaw Taxpayers: Sales Of Land Generate Ordinary Income, Capital Loss

Robert D. Flach recaps THE FAMOUS STATE TAX SEMINAR last weekend in New Jersey.

 

Jim Maule offers Another Reason Tax Professors Don’t Need to Invent Hypotheticals. If you made up a case like the real one he discusses, everyone would say it was too far-fetched.

Question, answered:

Peter Reilly, How To Cash Your Powerball Winning Ticket Anonymously.

Robert Wood, Copy Hillary Clinton: Transfer Powerball Tickets Now Before Win, Avoid Taxes.

TaxGrrrl liveblogged the State of the Union. State Of The Union 2016 – LIVE. That’s dedication.

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David Brunori, Montana’s School Credit Is Unconstitutional, but Not for Obvious Reasons (Tax Analysts)

Joseph Henchman, Pretend You Won the Powerball. What Taxes Do You Owe? (Tax Policy Blog).

TaxProf, The IRS Scandal, Day 979

Renu Zaretsky, Tax Hikes, Relief, Dedication, and Resurrection. Today’s TaxVox headline roundup covers State of the Union tax talk, campaign tax proposals, and lots more.

 

Career Corner: Let’s Get Worked Up About: Email Pet Peeves (Caleb Newquist, Going Concern). Hey, Caleb sent me one yesterday!

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Tax Roundup, 1/12/16: IRS wants to shoot more jaywalkers. And: the benefits of IRS ethics training.

Tuesday, January 12th, 2016 by Joe Kristan

20120912-1They think it’s expensive because it is. Tax Analysts reports ($link) on a speech given by an IRS international tax deputy commissioner that shows how little the IRS cares about wreaking havoc on the lives of taxpayers who inadvertently fail to comply with the weird and obscure foreign account reporting rules. The talk by David Horton shows that the IRS continues to assume anybody who has failed to file FBAR forms is a bad actor. For example:

The IRS’s 2014 OVDP (Offshore Voluntary Disclosure Program) guidance provides transitional rules for non-willful taxpayers who entered the OVDP earlier, but could have been eligible for the streamlined program. [Robert] Panoff wondered why they were incurring lower penalties than similarly situated taxpayers who completed the OVDP. 

Horton explained that these taxpayers are still in the OVDP, so they will get criminal clearance and a closing agreement, while streamlined participants get neither. Criminal clearance and a closing agreement are worth paying for, the thinking goes. A streamlined participant could later get a notice of deficiency for penalties that are assessed as taxes.

So a non-willful failure to file still benefits from “criminal clearance?” That’s a funny thing to need for a non-willful violation, and it shows an “it’s all criminal” mindset. Shoot all the jaywalkers!

The article has this:

Every practitioner hopes to shoehorn his offshore-account-holder clients into the streamlined program. Indeed, the only taxpayers who don’t welcome the streamlined program are recent immigrants who think that 5 percent of a home-country bank balance is a stiff price to pay for a green card.

That’s because it is ridiculously expensive.

Nowhere in the piece is any evidence that they (or the author) are aware that accidental Americans and compliant taxpayers can be financially ruined for failing to meet a requirement unknown to 95% of the populace. There’s certainly no awareness of the fundamental injustice of hitting taxpayers with 5-figure fines for committing personal finance abroad without an FBAR.

There is a crying need for foreign financial reporting reform. Two good first steps:

  1. Increase the FBAR foreign account thresholds to the amounts that apply for reporting foreign financial assets on Form 8938. These don’t begin to apply until the assets exceed $50,000, or $200,000 for taxpayers abroad. Using this threshold for foreign financial account filing would eliminate the vast majority of filings, leaving them only for taxpayers who actually have enough income to justify the hassle.
  2. Provide an automatic and penalty-free option to enable taxpayers to come in out of the cold, as long as they file before they are contacted by the IRS and any unreported tax required is relatively small. This would work much like the programs states have for businesses who want to come into compliance. The states benefit from getting the taxpayers in the system, and the taxpayers get in from the cold without financial ruin.

Unfortunately, the IRS apparently wants to go the other way: “Horton reported that while the IRS is still getting a steady flow of offshore voluntary disclosure program filings every month, that program has to end eventually.” Then it will be a choice to either stay out of compliance and risk financial disaster, or come into compliance and guarantee it.

 

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But preparer regulation will help prevent preparer fraud! From a U.S. Attorney press release:

Yolanda Castro, 48, an employee of the U.S. Internal Revenue Service in Fresno, pleaded guilty today to aiding and assisting in the preparation of a false tax return, United States Attorney Benjamin B. Wagner announced.

According to court documents, Castro was employed by the IRS for approximately 20 years, including as a tax examiner and contact representative. Between 2007 and 2013, she prepared and filed false federal income tax returns for herself, her family members and others in which she fraudulently claimed tax deductions and credits. For instance, on her own 2008 tax return, Castro claimed a credit for education expenses that she did not incur, and provided the IRS phony textbook receipts to support the claim. Likewise, in tax returns she prepared for herself and others, Castro claimed child care expenses that had not been incurred.

Surely some ethics continuing education would have saved her.

 

Robert D. Flach has a little Buzz for your Tuesday. “Not much BUZZ today – but, as I always say, some BUZZ is better than no BUZZ.”

Russ Fox reminds us that it’s 1099 Time for 2016. “The best way to check whether or not you need to send a 1099 to a vendor is to know this before you pay a vendor’s invoice.”

William Perez, What You Need to Know about Reporting Payments Using Form 1099-MISC

TaxGrrrl, No, You Can’t Actually File Your Tax Return Early (And More Info About Tax Refunds). “Some tax preparers are suggesting in ads and on social media that they can somehow help you skip the line and get you a refund before anyone else. Don’t be fooled.”

Robert Wood, 12 Surprising Items IRS Says You Must Report On Your Taxes. You won’t believe number 2!

Jason Dinesen, Glossary: Social Security Wage Base. “The term Social Security Wage Base refers to the maximum amount of wages or self-employment income on which the 6.2% Social Security tax is based.”

Paul Neiffer, Relief for Older Farmers with IRAs. And not just farmers.

 

Keith Fogg, Improving Payroll Tax Compliance (Procedurally Taxing). “From my perspective working on these cases within the IRS, the failure of employers to pay over the collected taxes usually resulted from poor cash management.”

Renu Zaretsky, New Taxes, Excess Profits, and a Windfall. Lots of cynical posturing by desperate politicians in today’s TaxVox headline roundup.

 


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TaxProf, The IRS Scandal, Day 978. The process of running out the clock continues.

Scott Greenberg, Which Tax Extenders are Left? (Tax Policy Blog):

Looking over the list below of remaining tax extenders, none of them seem like “must-pass” policies. As a result, the pressure is off of Congress to renew all of the tax extenders as a package. Instead, Congress should take the time to evaluate the remaining tax extenders one by one, making the good provisions permanent and letting the bad ones expire. Temporary tax policy is bad tax policy, and it’s about time that Congress laid the ritual of tax extenders to rest once and for all.

Let’s hope so.

 

The Critical Question. Would a cuddly mascot make the IRS lovable? (Kay Bell). That would look like a stuffed Cthulhu

The Critical Question II: Accounting Firms Allowing Side Gigs: Good Idea or Independence Mine Field? (Caleb Newquist, Going Concern).

 

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Tax Roundup, 1/11/2016: Hide the spoons, hold your wallets. The General Assembly is back.

Monday, January 11th, 2016 by Joe Kristan
If Iowa's income tax were a car, it would look like this.

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

Same recipe, same dish. The 2016 session of the 86th General Assembly of Iowa convenes today. As the membership is about the same as last year’s session, we can expect pretty much the same tax policy results. There will be no fundamental reappraisal of Iowa’s dysfunctional income tax this year. If anything, it might get a little worse.

Iowa’s tax system is a rat’s nest of high rates and complexity, full of special-interest loopholes, feel-good spiffs for sympathetic groups, and subsidies for the well-connected. It’s a great deal for the insiders who can work the system, paid for by high rates on those of us without lobbyists and tax credit consultants.

What Iowa needs is an overhaul that lowers the rates significantly, paying for them by simplifying the rules and swearing off subsidies like the notorious Orascom deal and the now-defunct film tax program. In other words, something like The Tax Update’s Quick and Dirty Iowa Tax Reform Plan.

What Iowa is likely to get is more special interest tax subsidies. In a story about 10 issues likely to spark debate in Iowa Legislature, The Des Moines Register reports:

A host of Iowa business and farm groups are lobbying for state tax credits to attract investment in renewable chemical manufacturing and advanced bio-refining. The goal is to build upon Iowa’s renewable fuels industry. Iowa needs to move swiftly because of competition for businesses looking to invest in the industry, business lobbyists say.

“If we are looking at a game changer for this session, this is it. It is absolutely huge,” said Jay Byers, chief executive officer of the Greater Des Moines Partnership. Legislation to provide renewable chemical manufacturing tax credits was approved by the House last session, but failed to pass the Senate.

20120906-1A “game changer?” New tax credits? The dozens of tax credits we already have haven’t done the trick, so we need more?

Think about it. The idea that the state can constructively direct investment capital assumes that the insiders that make up the Greater Des Moines Partnership and the small town politicians who run the state legislature have some unique insight on what the industries of the future are. If so, they should be investing their own money in these “game changers,” because there’s obviously a great profit opportunity to be had. Instead they want to spend your money, and mine, on it. That tells you something important.

Remember, these are the same people who told us it would be a great idea to subsidize Iowa’s film industry with tax credits (page 6 at the link), and that worked out just great.

The only constructive thing likely to come out of the legislature is a “code conformity” bill that updates Iowa’s 2015 income tax rules for the retroactive passage of the federal “extenders” bill in December. The Department of Revenue cautions taxpayers to not file returns using the extended provisions until the conformity bill is passed. The Section 179 deduction, the educator expense deduction, and tax-free IRA gifts are key provisions that are affected. Last year the code conformity bill was one of the first bills passed, in mid-February.

 

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TaxGrrrl, Taxpayers Get A Breather On Passport Requirement For Domestic Travel As REAL ID Requirement Delayed:

The key date to know is January 22, 2018. That’s the date on which air travelers with a driver’s license or identification card issued by a state that does not meet the requirements of the REAL ID Act (unless that state has been granted an extension to comply with the Act) must present an alternative form of identification acceptable to the Transportation Security Administration (TSA) in order to fly domestic. Acceptable identification would include a passport or passport card, Global Entry card, U.S. military ID, airline or airport-issued ID, federally recognized tribal-issued photo ID.

Congress last year passed a provision allowing IRS to revoke passports for non-payment of taxes. And of course the IRS never makes mistakes.

 

William Perez, How Soon Can We Begin Filing Tax Returns?

Annette Nellen, PATH and Many Tax Changes – PL 114-113

Kay Bell, 24 top taxpayer problems of 2015. “IRS electronic approach to customer service tops National Taxpayer Advocate’s annual list”

Jack Townsend, Hawaii Businessman Sentenced to 46 Months

Peter Reilly, Poor Return Preparation Kills Facade Easement Tax Deduction. “Often the buildings already have so much restriction on them already that promising not to alter them is a little like me renouncing my super powers

Robert D. Flach has thoughts on FINDING A TAX PROFESSIONAL.

Russ Fox, Fraudster Tries Alchemy; Will Have 20 Years to Think That Over:

Joseph Furando of Montvale, New Jersey thought he had the perfect way of performing alchemy. He took biodiesel fuel that wasn’t eligible for two tax credits and magically turned it into biodiesel fuel that was eligible for the tax credits:

Tax Credits, fraudulent? Unthinkable!

 

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Scott Drenkard, Businesses Love Texas, Except this One Tax that Holds the State Back (Tax Policy Blog)

Renu ZaretskyLooking ahead to 2016 and beyond? It’s blurry. (Today’s TaxVox headline roundup covers the upcoming State of the Union Address, the Taxpayer Advocate report from last week, and more.

TaxProf, The IRS Scandal, Day 977

 

Something to look forward to. Winner Of $1.3 Billion Powerball May Face Suits By Friends, Co-Workers, Family (Robert Wood).

Career Corner. Unhappy Accountants: Go Get a 10% Raise (Caleb Newquist, Going Concern).

 

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Tax Roundup, 1/8/16: A look at Iowans and their federal income taxes.

Friday, January 8th, 2016 by Joe Kristan

20160108-1aSoak the rich? Iowa’s soaking in it! The Iowa Legislative Service Bureau this week published a report on the federal taxes paid by Iowans in 2013. It’s a useful reminder that the politicians running around Iowa talking about how “the rich” pay no taxes are talking nonsense.

This table covers a lot of ground:

 

 

 

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Source: Iowa Legislative Service bureau. Click to enlarge.

Note that for the >$1 million filers, the biggest category is “other income.” Given that they also pay the highest effective rates, it’s clear that this isn’t tax-preferred capital gains or dividends. It’s K-1 income from partnerships and S corporations, or business income from farms or schedule C businesses. In other words, its taxes paid by employers. When you soak the rich, you are soaking employers.

It’s also clear that “the rich” in Iowa are paying a bigger share of their earnings than everyone else. If we count “the rich” as taxpayers with gross income over $200,000, their average federal tax rate as a percentage of gross income — before any deductions — is 22.4%, compared to 7.3% for all other taxpayers.

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Tax Update Chart using Iowa Legislative Service Bureau data. Dollars in millions.

The taxes paid at the top end are a much larger share of the tax paid than of their share of the income: they have 20.8% of the gross income, but pay 44.7% of the taxes. While some politicians may say that’s not enough, remember that much of that is income earned by employers from their businesses. If they have to pay more to the IRS, that’s money they don’t have to hire people, give raises, or grow their business.

Another lesson is that even with the disparity towards the high end, 59.2% of the taxes paid are paid by those in the $25,000-$200,000 gross income range. When the politicians promise to give you stuff paid for by someone else, they lie. They intend to take your money, give you some back, and expect you to thank them.

 

Last night I gave a presentation to IMA chapters across the state over the Iowa Cable Network, mostly on the newly passed extenders bill. You can download the Powerpoint slides I used here.

 

It’s Friday! It’s Buzz Day! At Robert D. Flach’s place. Links all around, including commentary on Turbo Tax ads.

Russ Fox, Substance Over Form. “So today’s petitioner, who represented himself in Tax Court, won that he was an independent contractor, not an employee”

TaxGrrrl, When It Comes To Taxes, Where Not To Win Powerball.

Robert Wood, To IRS, ‘Willful’ Means Penalties Or Jail

Jason Dinesen, How Often Should a Budget Be Updated?

Kay BellRecently issued tax identity theft PINs are valid for 2015 filings despite wrong date in IRS letters to taxpayers

 

 

Alex Durante, New NBER Paper Underscores Need for Corporate Integration (Tax Policy Blog). By “corporate integration, they mean “stop taxing corporation income twice.”

For the convenience of the politicians all concerned how corporate taxes have declined as a share of all federal taxes, they illustrate the obvious:

c corp share of entities

The high C corporation rate and the second tax imposed when corporate earnings are withdrawn as dividends or cashed out on a share sale explain why people set up their businesses in other ways.

 

Howard Gleckman, If Banning Negligent Low-Income Households From Taking Tax Credits Is Such a Great Idea, Why Stop With Them? (TaxVox). Good point.

TaxProf, The IRS Scandal, Day 974. Today’s link discusses the proposal abandoned by the IRS yesterday to make charities collect social security numbers of their donors.

 

If you are a regular reader, you know better than to click on the link if you get an email like this:

HRscamemail

Be careful out there, people, and be smart.

And have a great weekend.

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Tax Roundup, 1/7/16: Taxpayer Advocate report describes IRS “pay to play” plans. And: IRS nixes plan to make charities collect tax ID numbers.

Thursday, January 7th, 2016 by Joe Kristan

20150107-2Have you heard about the IRS “Future State Plan?” Or “CONOPS?” Me neither.

The latest annual Taxpayer Advocate Report to Congress is the first I’ve heard about this mostly-secret IRS initiative. The report explains (my emphasis):

During the past year-and-a-half, the IRS has devoted significant resources to creating a “future state” plan that details how the agency will operate in five years. The plan is explained and developed in a document known as a Concept of Operations (CONOPS). There are many positive components of the plan, including the goal of creating online taxpayer accounts through which taxpayers will be able to obtain information and interact with the IRS.

However, the CONOPS also raise significant questions and concerns. Implicit in the plan — and explicit in internal discussion — is an intention on the part of the IRS to substantially reduce telephone and face-to-face interaction with taxpayers. The IRS is hoping that taxpayer interactions with the IRS through online accounts will address a high percentage of taxpayer needs. It is also developing plans to enable third parties like tax return preparers and tax software companies to do more to assist taxpayers for whom online accounts are insufficient — an approach that will increase compliance costs for millions of taxpayers.

Nina Olson, Taxpayer Advocate

Nina Olson, Taxpayer Advocate

The IRS, as usual, is cooking this all up in secret, with only well-connected insiders in on the plan. Tax Analysts describes the report ($link):

A major concern is the aura of secrecy around the CONOPS documents. Despite the fact that the IRS is conducting internal discussions about its “future state” plans, Olson’s report says the Service has repeatedly declared CONOPS data elements and documents “official use only” and not for public dissemination. “Never before has the IRS made this assertion in so many instances,” the TAS report says. One area where the IRS has shared its CONOPS plans — the Large Business and International Division — caters to a group of taxpayers that can afford to “pay to play,” the TAS said, while future service plans remain under wraps for the roughly 150 million individual taxpayers and 54 million small business taxpayers.

If you look at it from the viewpoint of most taxpayers, this plan seems incomprehensible. But if you believe that the IRS is really trying to serve the interests of the national tax prep franchise outfits, national accounting firms, and the biggest law firms, it completely makes sense.  It actually fits in well with the IRS preparer regulation efforts to eliminate competition for the national tax prep firms — a regulation effort that the Taxpayer Advocate still regrettably and unwisely supports. Those who are drafting the new taxpayer service labyrinth can be expected get nice raises by going out into the tax industry to help their new employers navigate through it.

Related: Leslie Book, The National Taxpayer Releases Annual Report to Congress (Procedurally Taxing); Accounting Today, Taxpayer Advocate Concerned about IRS Plans for ‘Pay to Play’ Taxpayer Service,

 

Another IRS screw-up averted. I just received a Tax Analysts breaking news email saying:

The IRS has withdrawn proposed regulations that would implement the statutory exception to the contemporaneous written acknowledgement requirement for substantiating charitable contribution deductions of $250 or more.

These rules would have required donors to provide charities with their social security numbers — a horrible idea in the identity theft era. Expect the IRS to try to sneak them back in when they think people aren’t looking.

 

Nicole Kaeding, American Migration in 2015 (Tax Policy Blog).
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Four of the ten states with the most inbound migration have no personal income tax. Most of the states where the population is fleeing have very hign income taxes, including Illlinois, Connecticut, New York and New Jersey. To be fair, high-tax Vermont seems to be attracting people, probably from dysfunctional New York.

This won’t help inbound migration. Illinois Announces Plans To Delay Tax Refunds Through March (TaxGrrrl)

Kay Bell, Delayed state tax refunds in Illinois, Louisiana & Utah because of tougher tax identity theft procedures. And because Illinois is broke.

Robert Wood, Obama Executive Action? Tax Hikes Could Be Next. “President Obama has stretched executive authority with immigration and gun law changes. And he is “very interested” in executive action on taxes too.”

Jack Townsend, Government Asserts Wylys’ Fraud in Bankruptcy Court. It’s a multibillion dollar tax case involving offshore trusts and a “blame the tax pro” defense. Mr. Townsend goes deep on the cases being made by both sides.

Paul Neiffer, “BIG” Might Not Be a Problem. Paul discusses the now-permanent five year “recognition period” for S corporation built-in gains.

William Perez lists Tax Deadlines for 2016

Robert D. Flach posts MY ANNUAL POST FOR JOURNALISTS AND BLOGGERS, reminding us all that he doesn’t care for conflating “tax professional” with “CPA.”

Peter Reilly, No Foreign Income Tax Exclusion For Army Civilian In Afghanistan

Tony Nitti, Love In The 21st Century: Bad Breakup Leads To Form 1099, Lawsuit. I’m not a trained relationship professional, but I think its safe to observe that issuing a 1099 to your ex-girlfriend burns all the bridges.

 

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Megan McArdle, Closing Tax ‘Loopholes’ Would Choke the Middle Class. “If you want to pay for any major new program by “closing the loopholes,” it is these loopholes that you will need to close, because the amount of revenue raised by, say, doing away with carried interest treatment of sweat equity partnership stakes works out to a rounding error on the federal budget.”

David Brunori, Taxing Guns Is Just Wrong (Tax Analysts Blog). “The fact is that a gun tax will have no effect on gun violence.”

TaxProf, The IRS Scandal, Day 973. A dispatch from the denialist front.

 

News from the Profession. #BusySeason Has Arrived (Caleb Newquist, Going Concern).

 

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Tax Roundup, 1/6/16: Oh, I meant that other year. And: IRS won’t rule on truck rehab “glider kits.”

Wednesday, January 6th, 2016 by Joe Kristan

20160106-1Better increase their budget. The IRS provides a special “Identity Protection Personal Identification Number,” or “IP-PIN,” to identity theft victims to help them with future tax filings. The IP-PIN lets them tell the IRS that the return being filed is being filed by the real taxpayers, rather than by some grifter in Tampa (Florida) or St. Petersburg (Russia).

Now, after the IRS has already screwed up things for innocent taxpayers by sending their refunds to thieves, they have added insult to the injury. TaxGrrrl reports IRS Sends IP PIN Letters With Wrong Tax Year, Stresses It Will Not Affect Returns Filed In 2016.

Letters sending out IP PINs for the 2016 filing season (for the 2015 tax year) were mailed out at the end of December 2015 (but dated January 4, 2016) marked with the incorrect year. The letter, also referred to as a CP01A Notice, incorrectly indicates the IP PIN issued is to be used for filing your 2014 tax return when the number is actually to be used for your 2015 tax return. 

The IRS isn’t sending correction letters.

The funny thing: the IRS gets really mad if impatient taxpayers use forms for the wrong year and cross off the year at the top of the form, writing in the right year. Do as we say, not as we do…

Related:

IRS Notice on Your Identity Protection PIN.

Russ Fox, IRS Errs on Identity Theft PIN Letters. “One would think that the IRS proofed important letters and notices before they’re finalized.”

 

ice truck“Glider kit” guidance grounded. The IRS will decline to issue rulings on whether the excise tax on over-the-road tractors applies when a new cab, chassis, frame and axle — a “glider kit” is applied to an old engine and power train. Tax Analysts reports ($link):

Section 4052(f)(1) provides that if a modification to the chassis or body doesn’t exceed 75 percent of the retail price of a comparable new chassis or body, then it won’t incur the section 4051 tax. The IRS decided that it will not rule on whether a modification using a glider kit qualifies for the 75 percent exception under section 4052(f)(1).

A more recent legal memorandum (ILM 201403014) makes clear that the IRS has evolved its thinking on the issue, determining that when an outfitter combines an old engine and transmission with a new cab, chassis frame, and axles, the excise tax applies and the exception isn’t applicable. It also explains that taxpayers must include a 4 percent markup in the price of the refurbished truck for purposes of computing the tax, minus the value of used components if they’re customer provided.

The article adds:

The Iowa Motor Truck Association, in an alert (http://goo.gl/IXnYaS) issued to its members following the release of ILM 201403014, also warned that “the memo probably indicates that IRS auditors will now be more aggressive about glider-kit transactions, and that at least some transactions that have been regarded as exempt may turn out not to be.”

This is obviously a big deal to dealers and their customers. It’s terrible that the IRS is making this sort of policy by internal memos rather than through published guidance, leaving taxpayers hanging.

 

The income tax, the Ultimate Swiss Army Knife of public policy. Flickr Image courtesy redjar under Creative Commons license.

The income tax, the Ultimate Swiss Army Knife of public policy. Flickr Image courtesy redjar under Creative Commons license.

Megan McArdle has some wise thoughts on the tax law in Why We Fear the IRS (my emphasis):

Legal complexity does not accumulate linearly; it accumulates exponentially. When you have one law on the books, and you add a second, the new law may (or may not) have some unexpected interaction with the old law. This would be one complexity point for regulators to manage. But with each new law, the number of potential interactions grows quickly, until it passes the ability of any layman to grasp it (and eventually, surpasses the professionals as well, which is why they’re increasingly specialized in narrow areas). We are long past that point with the tax code.

That’s a point universally ignored by politicians who use the tax law as the Swiss Army Knife of public policy. A Swiss Army Knife the size of a railcar is interesting, but it’s not much good as a knife.

Her post also covers important ground on why the tax law has gotten so bad. Recommended.

 

Paul Neiffer, Is Section 179 a Ticking Tax Time Bomb?. The ability to deduct up to $500,000 in new equipment may have unintended consequences:

On the face, this sounds like a great tax deduction for farmers, however, with continued low commodity prices, might this be a ticking tax time bomb for many farmers.  This is due to a farmer having to liquidate some farm equipment due to the bank requiring additional liquidity be put into the farm operation or perhaps the farmer has lost some ground and no longer needs the equipment.   This sale of equipment causes the Section 179 to be “recaptured” as ordinary income and since the farmer probably does not have sufficient liquidity to prepay additional farm expenses, causes the farmer to be in a high tax bracket.  This leads to a large tax bill which then requires the farmer to sell additional equipment or grain to cover the tax bill.  This is especially harsh when the equipment was financed 100%.

In theory, the tax savings from the original deduction should be available to cover that tax bill, but if you are having to liquidate to pay the bank, the savings have already been spent on other things.

 

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Robert D. Flach, THE PATH ACT OF 2015 AND TAX PLANNING FOR 2016

William Perez, What Is the Alternative Minimum Tax? “Essentially, this is a tax based on a person’s adjusted gross income if they aren’t itemizers.”

Kay Bell, Seattle gun & ammo taxes drive gun seller out of town.  The criminals, they get to stay.

Jason Dinesen, What is Form 1023-EZ? “Form 1023-EZ is a new IRS form used by some not-for-profits to apply for tax-exempt status as a 501(c)(3) organization.”

Jim Maule, Is This Proposed Tax Necessary or Even Sensible?:

Several days ago, in a New York Times editorial, Max Frankel proposed “a relatively simple new tax – officially called a user fee – “ based on “the grandeur of each lofty view” from the apartments being built in very tall luxury skyscrapers along the southern edge of Central Park. He suggested it could informally be called a “window tax” and he suggested various dollar amounts for windows and doors based on height, the existence or absence of obstructions, and the nature of what can be seen.

Gee, what could go wrong? A little history shows some problems with Mr. Frankel’s proposal:

The window tax was a property tax based on the number of windows in a house. It was a significant social, cultural, and architectural force in England, France and Scotland during the 18th and 19th centuries. To avoid the tax some houses from the period can be seen to have bricked-up window-spaces (ready to be glazed or reglazed at a later date).

Prof. Maule rightly criticizes the proposal.

 

Robert Wood, As Offshore Banks Agree To U.S. Tax Evasion Deal, Account Holders Must Deal With IRS. Betting on foreign bank secrecy is a bet against the odds.

Keith Fogg, Fulfilling the Requirements of Section 6751 When the IRS Imposes a Penalty (Procedurally Taxing). “In Legg v. Commissioner, the Tax Court issued a division opinion concerning this little known provision that serves as a gatekeeper to the assertion of many penalties.”

Peter Reilly, Tax Court Sorts Out Basis On Russian Fast Food Merger. “The IRS can argue that what you said you did – the form – is not what actually happened – the substance.  You can’t generally do that yourself, because you got to choose the form, so you are stuck with it.”

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Renu Zaretsky, The Case of Tax Scams, Private Debt Collectors, and Wishful Thinking (TaxVox). “There is one way Congress could make tax compliance and collection easier and tax avoidance harder, while improving the public’s perception of the IRS. It could simplify the tax code. Unfortunately, that’s a call Congress has not chosen to make.”

Stephen J. Entin, Michael Schuyler, Are Dividend Taxes Harmless? Don’t Bet On It!

TaxProf, The IRS Scandal, Day 972

 

Career Corner. New Year’s Resolutions That Will Make Busy Season Less Awful (Leona May, Going Concern). It’s hard to argue with “Stop stealing co-workers’ lunches”

 

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Tax Roundup, 1/5/16: Start your year-end planning today! And: private tax audits for fun and profit!

Tuesday, January 5th, 2016 by Joe Kristan

IMG_1182Welcome to 2016. We’ve just finished another round of 2015 year-end planning. It’s too soon for most of us to be working on our 2015 filings, given the need for 1099s, W-2s, K-1s, etc. But it is a good time to start getting things in order for 2016.

Too many people want to know the last day they can do something for their tax planning. It’s better to worry about the first day to do something. Many tax moves are best done at the beginning of the year. If you fund a tax-deferred account at the beginning of the year, you start sheltering the investment income from taxes 15 1/2 months sooner than somebody who waits until the end of the year.

Here are a few 2016 tax planning moves you can make right now:

Fund an IRA. You can fund a 2016 IRA to the extent of the lesser of your 2016 earned income or $5,500 – or $6,500 if you are going to be 50 years old by year-end. You don’t have to wait until you have earned that $5,500 or $6,500; if you are still working, you’ll get there. And don’t forget a spousal IRA, same limits.

Health Savings Accounts for 2016 can be funded up to $6,750, or $7,750 if you will reach age 55 by year-end.

A 55 year-old working couple with a high-deductible health plan can stash $20,750 in tax-deferred IRAs and HSAs today and shift the earnings on those funds to the non-taxable category now, instead of waiting until April 2017. Not only do they start their tax savings right away, but they aren’t tempted to spend that money between now and then.

While Section 529 plans can’t generate deductions like HSAs and traditional IRAs, they do shelter investment earnings like HSAs and IRAs, and they have more flexible contribution limits. The IRS explains:

Contributions can not exceed the amount necessary to provide for the qualified education expenses of the beneficiary. If you contribute to a 529 plan, however, be aware that there may be gift tax consequences if your contributions, plus any other gifts, to a particular beneficiary exceed $14,000 during the year.

Taxpayers filing in Iowa can deduct their contributions to the College Savings Iowa Section 529 plan up to $3,188 per beneficiary, per donor on their Iowa income tax return. A married couple funding plans for their two children can therefore deduct up to $12,752 in 2016 CSI contributions.

So start that 2016 year-end planning right away!

 

Tax Analysts reports ($link) that a Chicago Whistleblower Has Filed 938 FCA Tax Cases, Attorney Says. It quotes the director of the Illinois Department of Revenue, Connie Beard, talking about False Claims Act lawsuit trolling:

Beard told the lawmakers that the suits “are not true whistleblower lawsuits,” wherein an insider who has knowledge of a company’s fraudulent behavior seeks to report it to the state. “These are lawsuits that simply accuse business taxpayers, big and small, of incorrectly collecting and reporting tax,” she said.

As if Illinois wasn’t hopeless enough.

 

nytchart20151229-7Scott Hodge, IRS “Fortunate 400” Report Shows Evidence of Significant Income Shifting to Avoid Fiscal Cliff Tax Rate Hikes (Tax Policy blog). They show how taxpayers shifted income to beat the 2013 tax hikes:

Finally, we get to the bottom line and can see that taxable income declined 23 percent in 2013 to $85 billion from $111 billion in 2012.

So what explains this? Well, the more interesting narrative to come out of the IRS report is the evidence of income shifting in 2012 as the 400 wealthiest taxpayers anticipated the eventual tax increases on personal and investment income that would result from the fiscal cliff tax legislation.

Nearly all the major sources of income for these 400 taxpayers were up significantly in 2012 compared to 2011, as they pulled income from the future into a lower-tax year…

The lesson here is that high-income taxpayers have considerable flexibility as to how and when they report income. Headlines reporting that the rich are paying higher average tax rates as a result of the fiscal cliff deal don’t really tell the whole story.

People aren’t stupid. If they have a choice between recognizing income in a low-tax or a high-tax year, a sensible person picks the low-tax one. As the biggest source of income of the “400” is capital gains, there was a lot of pressure to beat the 2013 rate hikes from 15% to 23.8%.

Related coverage here.

 

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Robert D. Flach gets 2016 started with a bang Buzz! A tremendous link fest to start they year.

William Perez, How Soon Can We Begin Filing Tax Returns?

Andrew Mitchel, Flowchart – Section 267(a)(2) & (3) Related Party Matching Rules (International Tax Blog). Andrew’s charts are a wonderful resource.

Annette NellenTop Ten Items of Tax Policy Interest for 2015 – #10. The “gig economy.”

Kay Bell, 2016’s first tax tip: Filing season starts on Jan. 19

Jason Dinesen, Choosing a Business Entity: LLC. “LLCs provide legal protection much like a corporation, but LLCs are easier to form and are generally easier to administer.”

Jack Townsend, Judge Criticizes Prosecutor’s Use of Language Directing Secrecy for Receipt of Grand Jury Subpoena. “I hope that all readers of this blog know that grand jury proceedings are generally secret and the grand jurors and government actors in the process must keep them secret.  FRCrP 6(e)(2), here.  But the obligation of secrecy is not imposed on witnesses before the grand jury.”

Jim Maule, Taking (Tax Breaks) Without Giving (What Was Promised). “Too many tax breaks are handed out in exchange for promises by the recipients to do something beneficial for the community at large.” Once the politicians issue the press release and cut the ribbon, they have what they want, and they don’t much care what happens next.

Peter Reilly, Family Partnership Valuation Discounts Approved By Tax Court. A big year-end Tax Court case is discussed.

Leslie Book, NY Times Article Today Highlights Why People Pay Taxes as Well as Some of My Favorite PT Posts of 2015 (Procedurally Taxing)

Robert Wood, 2016 Brings IRS Power Over Passports, Use Of Private Debt Collectors

TaxGrrrl, 100 Things You Absolutely Need To Know About Money Before You’re 35

Tony Nitti, Ben Carson Releases Tax Plan, Promises End To Mortgage Interest, Charitable Contribution Deductions.

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TaxProf, The IRS Scandal, Day 967Day 968Day 969Day 970Day 971.

Howard Gleckman, What Can Congress and President Obama Accomplish in 2016? Pray they don’t define “accomplish” the same way.

2015 top news from the profession. Going Concern Editor’s Picks for 2015: Relationships at Work, Bad Auditing, Women in Accounting and More (Caleb Newquist, Going Concern)

Russ Fox, My Day on Jury Duty. Congratulations to Russ on getting it out of the way January 4.

 

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Tax Roundup, 12/30/15: What needs to be paid by tomorrow. And: NY Times has fun with a chart.

Wednesday, December 30th, 2015 by Joe Kristan

20141226-1Things that have to be paid for by the end of the day tomorrow. The unforgiving calendar is nearly ready to turn, and that leaves only today and tomorrow to do some things to help lower 2015 taxes. Some expenses are only deductible if they are paid by the deadline.

For cash basis business taxpayers, payment needs to be made for most business expenses by the end of the day tomorrow. “Payment” means the check is written and postmarked, or a wire transfer is completed, or a legitimate liability has been incurred. If it’s on the credit card by the end of the day tomorrow, it’s considered paid for.

The only business expenses that normally can be paid and deducted after year-end for cash-basis taxpayers are pension and profit-sharing contributions. these are deductible this year if paid by the due date of the 2015 tax return, including any extensions.

For accrual-basis taxpayers, any expenses owed related parties are deductible only if paid by the end of the day tomorrow (Section 267). For C corporations, this generally includes expenses owed to 50% owners and their family members, and to corporations and partnerships owned by 50% owners. For S corporations and partnerships, any ownership at all makes you “related,” and the definition of “family” goes beyond ancestors, descendants and siblings to include aunts, uncles, nephews and nieces.. These rules can get complicated, so be sure to pay by tomorrow or consult your tax advisor if you aren’t sure.

Gifts are a different story. It’s not enough to mail a check by tomorrow to count as a 2015 gift; the check actually must be cashed. If you are trying to get an annual exclusion gift under the wire by tomorrow, consider a wire transfer or a cashiers check.

Charitable contributions can deducted this year if mailed this year, but be sure to get a certified mail postmark if it’s a big one — or better yet, use a credit card. If you are making a gift of appreciated stock, it has to be in the charity’s brokerage account by the end of the day tomorrow to count.

Finally, if you are spending money on depreciable property, even if you plan to use the Section 179 deduction, it’s not enough to buy and pay for the property by tomorrow. It must be “placed in service.” That means on-site, ready to go, not at the dealership or in crates on the dock.

This is the penultimate entry of our 2015 year-end planning tips series. Come back tomorrow for the finale!

 

The New York Times yesterday ran an article headlined For the Wealthiest, a Private Tax System That Saves Them Billions: The Very Richest Are Able to Quietly Shape Tax Policy That Will Allow Them to Shield Billions in Income. It offers a lot less than it promises. It pretty much establishes that really rich people can afford expensive tax advice, and they buy it.

The article includes this misleading chart:

 

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This shows that those 400 people are really putting one over on the IRS with their clever planning, doesn’t it?  Well, not really. I’ll superimpose the top capital gains rates that applied for the years on the chart (sourced here):

 

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Funny how that income tax rates of those sneaky 400 people correspond with the top capital gain rates. Why would that be — because those dastardly 400 rich people conspire to incur capital gains?

No. As we’ve pointed out here, capital gains are what get people on that top 400 list. They normally hit the top 400 only once, by having a once-in-a-lifetime capital gain, like the sale of a business.

You also may notice that the New York Times cuts off the chart conveniently right before two big increases in the capital gain rate — the 2013 expiration of the Bush 15% capital gain rates and the 2013 effective date of the 3.8% net investment income tax. You can bet that the line goes right back up starting in 2013.

Update, 12/30/15, 4:25 pm, from The Washington Post:

On Wednesday, the Internal Revenue Service published an update to its annual assessment of how much the 400 highest-earning Americans pay in taxes. It showed that the effective tax rate paid by those Americans jumped in 2013 to nearly 23 percent.

Gee, amazing how that works! I’ve updated the chart to show the new number.

Correction: this post originally stated in error that the Net Investment Income Tax took effect in 2014, instead of 2013.

Related: Scott Hodge, New Treasury Data Shows How Progressive America’s Tax Code Really Is (Tax Policy Blog):

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More coverage: TaxProf, NY Times:  How The Ultra Wealthy Buy Tax Policy

Robert D. Flach, THE YEAR IN TAXES 2015

TaxGrrrl, 12 Days Of Charitable Giving 2015: The Innocence Project

Robert Wood, Tax Double Whammy: IRS Can Revoke Passports And Uses Collection Agencies

Peter Reilly, World Class Rider Does Not Insure Allowable Tax Losses In Horse Case

Kay Bell, IRS seeks tax pros’ input on fighting tax ID theft fraud

William Perez, Forgiven or canceled mortgage debts could be nontaxable

Paul Neiffer, 50% Bonus Depreciation Applies to More Property. “Any interior improvement made to non-residential real estate will qualify for bonus depreciation with certain exceptions for (1) elevators and escalators, (2) internal structural framework, and (3) enlarging a building.”

 

TaxProf, The IRS Scandal, Day 965:

Donors listing the IRS as their employer have donated roughly $453,800 to Democratic candidates and causes and $221,400 to Republican candidates and causes since 1990. About one in four of the dollars for Democrats, or roughly $117,500, went to President Barack Obama.

But IRS employees since 1990 have also donated $203,000 to the National Treasury Employees Union, which in turn has given about 95 percent of its $6 million in political contributions to Democrats over the last 25 years, OpenSecrets.org data shows.

Yet we are asked to believe the IRS operates in a fair and neutral manner towards all political persuasions.

 

Harvey Galper, Five Questions to Ask When You Look at a Presidential Candidate’s Tax Plan (TaxVox). How about, “Should I seek counseling?”

 

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