July 3, 2008

Making More Than 100K? Advice On Keeping Your Money

It's a normal situation. Because of all the tax loopholes, the rich gets away with paying taxes. As an outcome, the poor ends up giving more money to the IRS than they do!

The system has been abused over the years. To let people pay less taxes, tax professionals can determine loopholes definitely. However, only the people making more than $100,000 each year can afford them. Taking advantage of a loophole and acting illegally are considerably diverse. If you wish to pay minimal taxes, there are a few steps you can do and various things that you definitely should avoid if you wish the IRS to stay away or for you to stay out of prison.

Almost 60% of all taxes are paid by people who make over $100,000 a year. Because the IRS focuses their attention on people within this bracket, they have a higher danger of being audited. It is best to keep your exposure to a minimum level and always keep important records that can be utilized as reference in case there's an IRS issue or an audit.

How they're cheating the IRS of taxes through offshore accounts are what most people like to show off about. Usually, these people get caught. This is because anybody who turns in such offenders are rewarded by the IRS of up to 10% of the amount collected through their fraud hotline. Such offenders can get what they deserve if you keep your ears open.

People are sold 'secret' methods to pay taxes less. Do you truly think these 'secret' ways exist when the tax code is free for anyone to peruse? The IRS and the courts are most likely to reject these. Anyone filing a tax return that is fraudulent can be penalized up to $25,000 by wasting the government's time.

A loophole that business owners commonly abuse is the deduction of business expenses. They like to attempt to deduct personal expenses as business expenses, prompting the IRS to audit them. If you don't want IRS issues on your hands, it's best to distinguish between personal and business expenses.

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June 30, 2008

Efficacy and the Automated Collection System of the IRS

The Automated Collection System - what is it? Handling IDRS (Integrated Data Retrieval System) non-filer and balance due cases that need contact through phone is the ACS (Automated Collection System). Suffice to say, the ACS is a computerized network which contacts taxpayers who owe money to the IRS, which is a big IRS issue.

Data stored in the ACS include taxpayer and audit information. This was created in the 1980s to provide taxpayer examiners a chance to contact delinquent taxpayers, scrutinize cases, and provide notices.

By contacting creditors and collecting court records, corporate files, and bank statements, the ACS supports each item of information uploaded to it. The system is built with checks for consistency and validity.

The question remains if the ACS is an efficient way to collect taxes. A hearing to decide if private means were better than the ACS was held by congress.

Privatization is more expensive than ACS, as argued by Nina Olsen, an IRS National Taxpayer Advocate. The private program costs $12 million every year to utilize plus commissions of up to 24% with net revenues of just $11 million.

Revenues could total up to $91.8 million to $145 million by using the ACS, with no costly commissions and an investment of just $7 million. Olsen estimates that the privatization of collection is costing the government about $81 million each year.

The IRS says that it cannot afford to hire more officers for debt collection, that is why it outsources. They are, however, taking control of some cases from private collectors and handling them in-house to decide which process is more effective.

At the hearing, Colleen Kelley, NTEU (National Treasury Employees Union) president, says: "There has been no question from the outset that using private companies to collect taxes is far more expensive than having trained, accountable IRS employees perform this work and poses a severe and unnecessary risk to taxpayers' sensitive and personal information."

Kelley also stresses that IRS officers are the most cost effective tax collectors in the US, costing only 40 cents for each $100 collected. She emphasizes that with this resource, there is no need to outsource to private debt collection.

The ACS is a chance for the government to recoup more of the revenue from unpaid taxes. Private debt collection is expensive when compared with the cost effective work done by the IRS employees.

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June 27, 2008

Filing and IRS Bankruptcy Guidelines

In its original sense, bankruptcy already has a negative connotation and this negativity is magnified with the recent developments in the laws pertaining to it. For some people, unfortunately, this turns out to be their last bet. Therefore, it is imperative that we understand what the concept really is, what the filing requirements and guidelines are and what the process is. The need to consult a Tampa tax lawyer should not be neglected as his professional assistance is very important in bankruptcy filings.

Bankruptcy is a state when a person or business is no longer able to pay debts.  When applied to individuals, three types of bankruptcy come out:

•    Chapter 7 – debtors, mostly individuals or couples, are provided with the time to liquidate their assets to pay off their financial obligations and allowed to handle enough funds to help them recover their balance in the financial world.
•    Chapter 12 is made specifically for family farmers or fishermen
•    Chapter 13 or “debt reorganization” - usually granted to those who exhibit the possibility to settle their debts in three or five year’s time

Small-Medium Enterprises can employ the use of Chapters 7, 11 or 15. In the first chapter, businesses are shut down as a result of bankruptcy.  The 2nd alternative permits businesses to stay open while re-organizing their debts.  Chapter 15 specializes on foreign debt management. To repeat, the importance of consulting a Tampa tax lawyer should not be taken for granted.

What is covered under bankruptcy relief?  Credit card debt, professional fees, and unsecured loans are examples of debt that can be covered.  Child or spousal support and some tax debts are not covered.

A Tampa tax lawyer can very much assist you in your filing requisites especially since bankruptcy legislations were amended in 2005.  The method is now more intricate.  Allow me to demonstrate this fact through a few instances:

•    A pile of documentation detailing your earnings as well as expenses is necessary to support your bankruptcy claim.
•    You have to receive debt counseling from a pre-determined credit counseling agency within half a year before filing.
•    You are supposed to meet income requirements, which should fall within your state’s median income. Incidentally, this changes from state to state.

To see if you qualify for the requisites for Chapter 7, you can check out the US Trustee Program of the Department of Justice or ask the assistance of a qualified Tampa tax lawyer.

How do you declare bankruptcy?  You may do it on your own, but remember that it is a legal method with broad consequences.  You may need to consult an expert who is experienced in bankruptcy laws.  You choose whether you are filing for Chapter 7 or 13 and then file with the bankruptcy court.  You are then provided with a trustee who is in-charge of ensuring that you have all the necessary documents. Then, you inform your creditors of your decision to file for bankruptcy.  They will need to end their attempts of collecting money from you.  As the method keeps on, you are required to discuss with creditors.  Filing for bankruptcy is a long-and-winding process, so be willing to see it through.

Finally, what is the result of a bankruptcy claim to your income taxes or IRS standing?  It depends. First, a forgiven debt is treated as a taxable income, except in the case of bankruptcy. Second, filing for one reduces the other tax benefits due to a debtor. Third, it creates a bankruptcy estate, which has all your assets and is considered another taxable entity when the claim is filed under Chapter 7 or 11.  This means then that you have to pay taxes for this other asset.

The rules and procedures of bankruptcy can be very daunting.  For more information, you can refer to the IRS for specific tax questions. You should also consult with a Tampa tax lawyer.  The decision to file for bankruptcy is a monumental life decision: ensure that you have all the assistance and paperwork you require to make an informed choice.

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June 24, 2008

How IRS Collectors Can Be Stopped By Bankruptcy

Many people fall on financial hard times, regardless of the causes. Although they may owe substantial amounts of cash to creditors, the IRS may also decide that they, too, must be paid on tax debts. And unlike other bill collectors, the IRS can be quite unforgiving in their attempts. If the IRS moves to pursue particular collection methods, they could ruin a taxpayer's life effectively. What numerous people do not know is that filing for bankruptcy may allow them a degree of protection from most of the worst techniques employed by the IRS in their debt collection practices.

Bankruptcy is typically misconstrued by taxpayers. It is typically viewed as an easy escape or method that enables people to renege on their debts. Bankruptcy isn't a simple escape. Bankruptcy lets people seek relief from debt legally, including tax debt. There's a considerable chance that your tax debts, along with your regular debts, can be cancelled if you file for Chapter 7 bankruptcy. There is no guarantee that tax debt will be included, but this can happen. Anyone filing a Chapter 11, 12, or 13 bankruptcy has the ability to solve their IRS issue through a payment plan.

You receive an 'automatic stay' or legal protection when you file for bankruptcy. The IRS and all of your creditors must stop all actions against you as soon as you've filed for bankruptcy. Appealing to the bankruptcy court is the sole way that any of your creditors can bypass the automatic stay while your bankruptcy is still in the process of being discharged or dismissed. Judges rarely lift the automatic stay, even though the IRS is a government entity. The IRS has to give evidence that fraud is being made for that to happen. However, if you are conducting fraud, you have a much more serious IRS issue on your hands.

Until the bankruptcy claim is discharged or dismissed, tax debts are merely frozen. The statute of limitations continues when bankruptcy is dismissed, definitely prolonging it.

Filing a Chapter 7 bankruptcy is the sole form of bankruptcy that will effectively erase any tax debts. There are specific demands and requirements that need to be met in order for tax debts to be eligible to being discharged in a Chapter 7 bankruptcy. During the bankruptcy proceeding, the 3-year rule should be met, for example. A tax return filed at least 3 years before filing for bankruptcy is the basis for tax debts in the 3-year rule. This includes extensions, although generally pointing to April 15 of the year the return was filed.

There's also the 2-year rule which includes taxes filed two years prior to bankruptcy. Another rule is the 240-day rule, applicable to taxes assessed 240 days prior to bankruptcy filing.

However, even if a Chapter 7 bankruptcy is filed, loopholes still enable the IRS to collect. The IRS has first rights to any property if they recorded a tax lien before the bankruptcy was filed. The other forms of bankruptcy, Chapter 11, 12 and 13, are normally re-organization bankruptcies, and their primary advantage is to buy time to Settle a tax debt and settle their IRS issue.

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A Checklist for Filing Taxes

To ensure that you will have no problems at tax time, you can utilize a checklist as a guide to ready everything you need. The process will be less stressful and much simpler because you can effectively deal with the trouble of filing your taxes by following these steps.

Filing taxes requires a lot of focus because it is serious business. An IRS problem is inevitable if you get distracted. If you are not doing your taxes in one go, at least schedule specific tasks to let you focus.

After you have decided that you're going to be focused on the task at hand, the next step is to actually start. Many people get everything ready. They'll purchase supplies, organize their desk, straighten up papers, wash the dishes, tidy the house, and basically do other things, except finishing their tax returns. College students typically say that nothing cleans their dorm room faster than having a college essay due the next day. The same thing occurs to many adults when it comes time to file their taxes. They'll get other things ready, and then procrastinate until they end up filing an extension. Everything moves quite slowly when people begin doing taxes, that is the problem. You will be running through those tax forms in time, though, because this will not last long. Just begin.

You will need to get organized. Many people's taxes are simple because they do not have too many income streams or assets. They only must fill out a 1040EZ and a W-2 form from their employer. For other people, it is a bit more complicated. These are the folks who seriously must get organized. If you are organized, it will be easier to file our taxes, and if the IRS wants to audit your tax return, you can defend yourself better. Take the word of anybody who has ever shown up with a box full of loose receipts to a meeting with an IRS auditor. It is always better to get very organized when it comes to your taxes.

You should keep yourself updated of the tax code's latest changes. You may be able to maximize your deductions because the current guidelines might pertain to your situation. You can read up on ammendments online, or read all 298 pages of the free IRS Publication 17 to get informed. To assist you, you can also consult a tax professional.

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June 21, 2008

Procedures in Back Taxes Filing

People actually have a number of reasons for not filing their taxes. The painful reality, however, is that the IRS still requires the filing of late and back taxes even though some of the reasons for doing otherwise are acceptable. Late taxes cover those that should have been filed for a single year and back taxes are those due since the mid 1980’s. The best part of doing this is avoiding possible problems that you may have with the IRS.

It is ideal to have all tax records compiled but this may not be the case for some people. Circumstances such as fires, floods and other calamities may have completely destroyed everything a person owns, along with his/her tax records. On the bright side, a great tax attorney and accountant are instrumental in successfully filing your back taxes as they can help in the reconstruction and retracing of tax records. At best, they can prepare and recreate relatively precise and complete tax records dating back to 15 to 20 years ago.

Some people would have preferred to prudently pay for their taxes but certain circumstances, such as not having sufficient funds to settle the amount due on their returns, prevent them from doing so. Good thing that they have the choice to file for a missing return or back taxes. Its major benefits include not being imposed with the substantial penalty of 25%, the fee for late filing. In some states, failing to do this legal obligation further penalizes you with even larger fees even if you actually don’t owe them anything.

If you are able to keep all of your tax information from previous years, a great amount of time and effort can be saved. What you just need to do now is prepare your tax returns. It is at this instance that majority will see the need for professional help in order to avoid further IRS issues. Not knowing whether or not you owe back taxes, or knowing that you haven’t settled these can be a burden. This is why some clients feel that merely setting up a meeting with a tax professional to help them through the maze of forms and procedures is utterly comforting already.

Most people go on believing that electronic methods can be used in filing for back taxes. The IRS, however, does not accept these as they prefer to receive these requests through hand delivery or mail. Also, using certified mail is required to have proof of IRS receipt on these documents.

Those who know they owe the IRS some amount of money will most probably be required to pay interest and other applicable penalties. If this is the case, the IRS can aid in the setting up of a payment plan.

Filing back taxes can be relatively quick and easy depending on a person’s specific situation and other aspects of his/her case. Conversely, prolonging to deal with the situation and not filing or paying back taxes will only make matters worse. Increase in the amount of money due and worsening of penalties imposed on you are just few of the outcomes of such action.

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June 18, 2008

The Effect of Alimony in Your Withholding Tax

In almost all of life’s changes, the IRS will make sure that it is part of it. Getting married, getting divorced, delivering a baby, transferring to a new job, buying a home and even purchasing an energy efficient car have tax implications. The effects of alimony on your withholding tax and the forms of IRS assistance on this matter will be discussed in this article.

Federal taxes can be settled in two different ways. One is through the estimated tax. Usually, people who work for themselves use this. The IRS said that, “estimated tax is used to pay not only income tax, but self-employment tax and alternative minimum tax as well.” Employees, on the other hand, mostly pay for their income taxes by withholding. In this case, your employer is authorized to withhold a certain amount from your check as income tax. From whatever form of income your tax is withheld, it is always reflected under your name.

The amount that is withheld from your pay is determined by two factors: how much you earn and the data reflected on your W-4. The latter includes details on whether you are withholding at the single rate or the lesser married rate, how many withholding allowances you can claim, and whether you want any additional income withheld.  For assistance in the computation of your withholdings, you may use the Withholding Calculator.

As previously mentioned, several instances can cause your withholdings to change, and alimony adjustment is among these.  How should you go about this method?  You can simply fill out a new W-4 and submit it to your employer to claim for adjustments in your withholding taxes.

Taxes are not reduced by alimony payments as these are considered as taxable income by the IRS. If you are a beneficiary of this, you might want to accomplish a new W-4 to update your income records. If you do this, you do not end up owing more taxes at the end of the year.

On the contrary, an expense for paying alimony is considered tax deductible. For the alimony to qualify as a tax deduction, it has to be given in cash, through a check or through money order. If you have worked out a deal with your ex-spouse and agreed to directly pay certain bills for her/him, this arrangement is not considered as alimony. Claiming for a tax reduction as a result of alimony can be done by, again, accomplishing a new W-4.

Change is inevitable. When they do happen, make sure to update your personal records so your taxes can be adjusted accordingly.

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June 15, 2008

Handling IRS Collections Methods

Filing your tax return without including the amount due yet is the first stage in the IRS collections process. The IRS will then send you a bill for the amount owed. This first bill will merely bear the explanations behind your amount due and the need for you to make a full payment. Another notice, this time this will state applicable charges, will be sent to you if you don’t pay attention to the first bill. Continuing to disregard what the IRS sends you would result to the receipt of notices that are more threatening in nature. These notices, however, adhere to a specific format and are sent in a particular order. You can actually look these up from the IRS to learn more details about them and know what each actually implies. The bottomline is, if you get these letters, you clearly have problems with the IRS that need to be settled as soon as possible.

If you think that the IRS incurred errors in the computation of your taxes, you can send them a letter or even make a phone call and request for a discussion of your bill. They are always open for a discussion that will eventually lead to making necessary adjustments in your taxes should it be found out that there were indeed errors in the computation. If you already settled your bill yet still continue to get IRS notices, you can just send them your proof of payment. Just make sure that only copies of the original documents are forwarded t to the IRS.

If the bill reflects the correct tax due and you are required to pay the full amount, several payment options are available. If you can’t afford to completely pay for the tax due, you may request to have a payment plan arranged for you. This arrangement, however, means that you have to pay for the debt over a time, you have to be charged with the applicable fees and may be penalized until you are able to pay the full amount.

If you truthfully find it difficult to pay even a partial amount, options are still available. Upon request, the IRS may put off their collection efforts for a certain period and consider you as currently not collective. The negative part of this option though is you still incur penalties that will most likely accrue, ultimately making your IRS problems compound.

An often sought after solution is an OIC, or Offer In Compromise. Although the requirements and qualifications are strict and difficult, an offer in compromise will enable you to pay significantly less than the amount you owe in full, and the remaining portion will be forgiven. Although statistics imply that you are likely to be denied in your application for Offer In Compromise, submitting such request will be worth the while as this would effectively end your IRS problem, at least until the succeeding year.

In conclusion, the IRS actually provides a number of options in dealing with IRS problems. Some of them are as simple as calling your nearest IRS office while others involve employing the services of a tax lawyer. These options are all in the premise that even though you are indebted to the government, you are still entitled to a fair and just treatment. Just be sure to prudently respond to IRS notices to prevent more serious collection procedures from being enforced upon you.

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June 12, 2008

How to Prevent an IRS Audit

Most people are scared of getting a tax audit primarily because of the horror stories from those who have experienced the process. The sad reality is although several of these stories are sound horrible and outrageous, some of them are factual. Individual tax payers and business entities can be audited at any time. But as per statistics, roughly 1.5% of all tax returns in the United States are ever audited annually. This is due to the fact that a number of precautions can be used to lessen your chances of getting an IRS audit.

Among the best precautions is declaring all of your income. The government requires that regardless of what the source of your income is, you have to report it in detail. Whether you are an independent contractor, or an employee earning a salary, the rules as published by the IRS clearly specify what is required to be reported on a tax return. To avoid an IRS problem, any cash or tips earned must also be declared and included in your tax return.

Another good tip in avoiding an IRS audit is ensuring that you have the pertinent documents available to be able to prove everything that you have listed, should it be necessary. One example is your W-2 or the 1099, which is prepared by your employer and which reports the amount you have earned in the previous year while employed in that particular company. Just make sure that the numbers in the W-2 match those on your tax return.

Also, be sure that your return is free from math errors. This type of errors is easily checked and will definitely be seen by the IRS. Therefore, make time to recheck for errors in your forms. See to it that the correct entries are inputted in the correct lines of the tax forms. The IRS often makes the assumption that if the math is done in a sloppy manner, then the same is done to other areas of the tax return as well.

The common mistake for business owners and independent contractors is thinking that home offices are used exclusively for business purposes. Simply claiming a home office to qualify for applicable tax deductions brings your tax return to the attention of the IRS as certain guidelines regarding this matter are outlined. The guidelines include not keeping personal possessions and not conducting personal activities in the home office. Also, make sure that you don’t declare more than 20% of your home as a home office.

Although it may seem that the government is against you and you can’t adequately battle an audit, certain precautions are available to avoid one. It is also important to remain calm as you are aware that you can take these precautions to protect yourself. After all, no one wants to turn a small glitch in the tax return into a big IRS issue.

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June 9, 2008

The Basics of Federal Tax Levy

The government employs two primary procedures in collecting tax debts from the taxpayers, wage levies and bank account levies.  When any of these is imposed on you, it means that you have a serious problem with the IRS.

When you incur tax debts, the IRS can levy your wages, including your retirement income, social security benefits and other bonuses that you may have earned. In fact, the IRS is the only entity that can garnish your paycheck without having to go to a trial. A simple notice from them obliges your employer to transfer a substantial amount of your paycheck to the IRS. Wage garnishment only terminates when the tax is paid off or until you obtain a wage levy release.

If you are an independent contractor or self-employed, then anyone who contractually pays you income will be obligated to pay that money to the IRS instead. Although you will still receive money from your clients, the amount will be significantly less than the normal. Questions and clarifications regarding this issue can be addressed by referring to the IRS Publication 1494.

The IRS may also impose a bank account levy and this allows them to take all of the money in any of the bank accounts under your name. Because this is a government mandate, the banks will abide by this notice and it would be useless to argue with them. However, only funds present in your bank account on the day the levy is received will be wired to the IRS. For example, if you deposit a check on Friday and the bank got a levy notice on Tuesday, only funds present on Tuesday will be given to the IRS. Funds from Wednesday to Friday can only be garnished if another levy is issued.

The law grants you with up to 21 days to convince the IRS to release the bank account levy. However, if a levy release cannot be obtained within the prescribed period, the bank can then send the funds to the IRS.  Ideally, the amount that should be transferred to the IRS should be the same as the amount owed, but if repeated tax levies are issued, then larger sums of money maybe collected.

The government may employ other less used but equally efficient collection methods aside from a wage or bank account levy. The IRS can also levy personal assets like jewelry, your home, collectables, boat, insurance policies, ATV’s, account receivables and even airplanes should situations call for it. The point is, any tax levy is an IRS problem that will not go away until you have settled what the government believes is due to them.

No matter which way you look at a federal tax levy, it will always be a serious issue. Therefore, it is highly advisable for anyone who has tax debts to settle them immediately before the government enforces more serious collection methods like wage garnishment and bank account levies.

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