End of Year Tax Tips – Part 1

‘Tis the season for holiday cheer … and last minute tax planning. Bah humbug!  With the tax year about to end, tax season will officially begin; it’s finally the time to ensure that you will not need to hire a tax relief attorney in April 2013.

My usual end of the year advice includes comparing your prior year tax returns with your present year income, tax withholdings, financial transactions, and withdrawals to determine whether you need to make late December moves to ensure you don’t owe a tax debt. This usually includes ensuring that you properly withheld taxes on your income throughout the year and/or made your estimated tax payments, and invested accordingly. While this advice is still sound, as of the date of writing of this article, if things in Washington D.C. remain the same, my advice also includes, earn it now if you can.

Being mindful to not illegally manipulate your income, i.e. you earn your income when you have a right to receive the income; accelerate your income in 2012, if you can. Since your tax rate may increase beginning January 1, 2013, the money you earn now is worth more now than it will be in just a few weeks because your tax rate is likely to increase. Likewise, self-employed individuals who have the ability to time the payment of deductible expenses may want to defer those expenses for tax year 2013, because those expenses will be more valuable in tax year 2013 than in tax year 2012.

Fat Joe Owes the IRS Big Time

image via kyitl.com

Our most recent celebrity tax problem story features hip hop artist Fat Joe, best known for his 2001 hit “What’s Luv” which sampled Tina Turner’s “What’s Love Got to do With It.” No doubt Mr. Joe was at the top of his game back in 2001 and his stardom has been fading ever since. I only bring this up because he fits a familiar pattern: celebrities who get in trouble with the IRS tend to be those whose popularity (and earning power) is on a downward trend. Most of the time it has to do with the difficulty of adjusting one’s lifestyle to match the changes in income. Celebrities (just like anybody) have a hard time with this.

Fat Joe does not have a typical tax relief case. He’s being accused of a tax crime: failure to file returns for years 2007-2010. Right now he is a free man after posting $250,000 bail, but who knows if his tax attorney will be able to keep him out of jail. If you’re familiar with this blog, then you know where Fat Joe went wrong; he violated the cardinal rule: “Always file your taxes every year, even if you know you’re going to owe and can’t pay it.”

Chaos Predicted at the IRS if Congress Doesn't Act

The Alternative Minimum Tax (AMT) was written into the tax code in 1969, its purpose being to prevent wealthy Americans from completely avoiding income taxes through crafty tax planning strategies.  The AMT was meant to ensure that those who have the means to contribute to the public coffers do not get undeserved tax relief.  But the AMT income threshhold that was established back in 1969 did not account for inflation.  The only reason the middle class normally avoids having to pay an AMT is because each year Congress puts together temporary legislation that raises the threshhold.

Except Congress hasn’t done so this year.  And according to IRS management, their systems will not be able to process tax returns until they get this yearly AMT patch that they are accustomed to getting each year.  They could begin to reprogram their computers now, but it appears that they are waiting until January 1, 2013 to see if lawmakers can agree on a permanent fix.

A mad scramble in January would mean delays; delays in processing returns and delays in paying out tax refunds.  Acting commissioner, Steven Miller, says that the consequence would be that taxpayers would temporarily be unable to file, but I think what he means is that the returns would not be processed.

 

What is "Routine Maintenance" at the IRS?

photo via longtimecomingg.blogspot.com

Maybe I’m not tech savvy enough to understand, but when the IRS announces that their Centralized Authorization File system (CAF) will be down for “routine maintenance,” I tend to imagine them dusting, mopping and shredding. Actually, this planned outage is something that happens every year at the end of December.

CAF is responsible for processing Power of Attorney forms.  A tax attorney or other tax professional is not permitted access to a taxpayer account without an active POA. CAF will be down from December 26, 2012 through January 2, 2013 so no new POA forms will be received or processed in that office until after January 2nd.  However, a taxpayer account can still be accessed by faxing a POA form directly to the service center of the IRS representative you are working with.

Of course, “routine maintenance” is just a code word; we all know what is really going on this time of year.  IRS personnel are decorating their cubicles, playing Secret Santa, and throwing office parties.

Sin Taxes: An Opposing Viewpoint

image via money.ca.msn.com

I came across an article that expresses an interesting take on “sin taxes.”

Proponents of sin taxes (taxes on cigarettes, alcohol, soda, fatty foods, etc.) talk about public health benefits, but isn’t that still about money at the core?  What I mean is, sick people run up big hospital bills, some paid by taxpayers through government services and some paid by the public in the form of higher insurance costs.  If we can encourage people to avoid harmful foods and substances, then we can (according to sin tax proponents) reduce public health costs.  Right?

Not so fast, says David Callahan with Huffington Post.  If sin taxes are all about money, then the whole concept is flawed.  The analysis is simple: most people who abuse their bodies die more quickly.  They need medical care like anybody else, but presumably for a shorter fraction of their lives.  It’s the “healthy” people who incur higher medical costs in the long run as their bodies slowly break down during old age.

The analysis is simple, but it’s the conclusion that gets tricky.  Callahan is not suggesting that sin taxes are pointless because they can result in a healthier population, which can result in higher medical costs in the long term.  That’s just a little macabre — he’s not saying that.  He’s saying that the effects of sin taxes are inconclusive and need to be studied more, that’s all.  And until there is conclusive evidence that they are effective, we should probably stand in favor of tax relief.

Tax Humor

Taxes, tax attorneys, tax policy — not very funny stuff.  This is about as good as it gets.  I found it in the comments of an article I read this morning.  Somebody who goes by “Auldphart” offering his ideas for raising more revenue in this country:

Anyone who has carpeting in their house would have to pay a carpet tax.  How about a thumb tax?  Then there’s that old standby, taxing people’s patience.  If you have one or both your legs, you’d pay a shin tax. People with both legs would naturally pay twice as much.  People who have flat tires would have to pay a flat tax.  Progressives would have to pay a progressive tax, while Republicans would have to pay a regressive tax.   People leaving the country to avoid taxes woud be charged an egressive tax.  People who frequent gymnasiums would be charged an exercise tax.  Those eating at McDonald’s could be hit with something called a bigmaca tax.  Finally, people with Lyme disease or Rocky Mountain Spotted  Fever would be subject to a tick tax.

The IRS "Lock-In" Letter

image via en.wikipedia.org

It is common for self-employeds to fall behind on their estimated tax payments and find themselves stuck with insurmountable tax debt.  As a tax attorney, I see this all the time.  However, even W-2 employees can owe taxes at the end of the year if they claim too many allowances on their Form W-4.

The IRS is big on “voluntary compliance” — in other words, they initially rely on the taxpayer to figure out how much to have withheld for taxes during the year and how much he/she owes when taxes are filed.  But the IRS can also come back and audit you if they believe there were errors on your tax return.  Similarly, the IRS can force you to claim a lower number of allowances if they believe you are not having enough federal taxes withheld.  They do this by way of the “lock-in letter.”  The IRS lock-in letter instructs the employer to withhold federal income taxes at a specified higher rate and prohibits them from accepting a W-4 that reduces that rate.  Of course you may dispute the lock-in rate and get it changed . . .  with IRS approval.

Do You have Reasonable Cause?

image via gerdleonhard.typepad.com

Sticking your head in the sand and trying to ignore your IRS tax debt can be costly. The most obvious problem is penalties and interest, which causes the debt to increase with every passing day.

And it is not as easy as you might think to get the IRS to disregard (or “abate”) the penalties. The IRS will consider penalty abatements if the taxpayer is able to show reasonable cause; however, this is a pretty high standard when it comes to tax obligations. Reasonable cause exists when the taxpayer exercised ordinary business care, but still failed to comply with their tax obligation (i.e., usually filing and/or paying late).

In its analysis of “ordinary business care” the IRS is supposed to weigh all applicable facts and circumstances, including the following:

  • taxpayer’s reason for non-compliance
  • compliance history
  • length of time
  • circumstances beyond taxpayer’s control

Death, serious illness, and natural disasters are typically some of the strongest “excuses” for building a penalty abatement case. Forgetfulness is almost always a losing argument. Most of the time it makes more sense to seek tax relief through other channels because penalty abatement is often a dead end road.

Starbucks: How Evil Are They Really?

image via greenretaildecisions.com

If you haven’t heard about Starbucks’ tax problem, here is a very brief synopsis.  A Reuters story broke last week which outed the popular coffee chain for having paid only £8.6 million on sales of  £3 billion in Britain since 1998.  And then people were outraged when Starbucks offered to come clean by paying £20 million over the next two years, as if they are in a position to simply offer whatever they feel is a fair amount.

#1 – How dare Starbucks avoid paying taxes at this time of extreme belt-tightening all across Europe! If multinational corporations would just pay their share in taxes, then the UK and other European countries wouldn’t be in such bad shape.

#2 – How dare Starbucks think they can just throw out a figure they determine is fair when regular tax payers must pay everything they owe plus penalties & interest on top of the original tax debt!

But let’s put this in perspective.  The media fails to emphasize the fact that Starbucks isn’t doing so hot in the UK; they haven’t been making a profit.  Rents and royalties have been expensive.  Correct me if I’m wrong, but Starbucks is not being accused of doing anything illegal; they are being accused of tax avoidance (i.e., paying as little in taxes as legally required).

Kookie or Not, You Still Have to Pay Your Taxes

photo via starpulse.com

In his Twitter profile, Stephen Baldwin describes himself as “an actor, author, Jesus Freak, Radio Talk Show Host, and the kookiest of the Baldwin brothers.”  Stephen, also the youngest of the Baldwin brothers, was arrested in New York yesterday for failing to address his tax problem properly.  Ok, that’s a nice way to put it.  He is being charged with failure to file (and pay) his 2008-2010 New York state tax returns.

The state of New York is without question trying to drive home a bold message here. You can’t live in NY and take advantage of the its public benefits (especially in this economic climate) and expect everyone else to pay the bills.  I am not familiar with the New York state taxing authority, but it is uncommon for the IRS to take such a heavy-handed approach with similarly-situated taxpayers.  However, the cardinal rule is that you should always file your taxes, even if you know you can’t pay.

If the Kook portion of Baldwin’s persona is responsible for getting him into this criminal tax debt debacle, then maybe the Jesus Freak will be able to set him free.  Yesterday he found time to address his followers in a somewhat penitent tweet:

Thnx4all the prayers, Been trying2 work this out4some time! Want2correct this&of course pay what I owe! Difficult situation. God is good.