Payroll Deduction Agreements

An individual seeking tax relief may be in a position to make installment payments to the IRS. There are three primary methods of making installment agreement payments: mail in a check, electronic debit, and payroll deduction. The taxpayer can initiate the electronic debit method directly on Form 9465 or Form 433-D. However, a payroll deduction agreement requires the use of a separate form (IRS Form 2159). There are three parts to this form: the Acknowledgement Copy (to be returned to the IRS), the Employer’s Copy, and the Taxpayer’s Copy. The front page of each copy is identical. However, there is an instructional second page to each copy, each containing different information. The second page of the IRS Copy contains a list of internal codes and number designations. The second page of the Taxpayer’s Copy contains some rather redundant instructions on how to fill out the form and what to do with it after it is completed. The second page of the Employer’s Copy is the most interesting. The employer is instructed to “continue to make payments unless the IRS notifies [the employer] that the liability has been satisfied.” This could be prejudicial to the taxpayer. First, the likelihood that the IRS will notify the employer in a timely manner is not very high. Second, if the taxpayer’s financial situation changes and he is unable to continue with the IA, it could be potentially very difficult to cancel the payroll deduction agreement.

 

Summer Day Camp Expenses

For some parents, the summer months mean additional child care expenses for their children under 13 years old who would normally be in school. If this sounds familiar, you should be aware of the Child and Dependent Care Credit, which is really available year round. This Credit may be applicable to Summer Day Camp too. Here are some IRS tips for you to consider:

1. The cost of day camp may count as an expense towards the child and dependent care credit.

2. Expenses for overnight camps do not qualify.

3. Whether your childcare provider is a sitter at your home or a daycare facility outside the home, you’ll get some tax benefit if you qualify for the credit.

4. The credit can be up to 35 percent of your qualifying expenses, depending on your income.

5. You may use up to $3,000 of the unreimbursed expenses paid in a year for one qualifying individual or $6,000 for two or more qualifying individuals to figure the credit.

A Little Good News for Employers

The “FUTA surtax” was finally laid to rest this week. After 35 years and 8 separate extensions, the “temporary” tax expired and was NOT renewed this time, providing a little tax relief to employers.

I say “little” because it never was a huge tax. The 0.2% FUTA surtax was enacted in 1976 for the purpose of paying for unemployment benefits following the recession of the early 1970s. Mission accomplished by 1987, but the tax stayed on the books. Dave Camp of the House Ways and Means Committee led the opposition to renewal of the tax. Current or future unemployment benefits will not be affected.

Presidential Candidate Bachmann wants to “Deep-Six” the Tax Code

Not familiar with the term? It means that she wants to get rid of it. Throw it out.  Bury it at sea. And that’s not all she would like to do if she were elected to the presidency. She is also interested in a one-year moratorium on federal income taxes to try to fuel the economy. These are bold ideas. Could be just campaign rhetoric.

Earlier in her career Bachmann worked as an attorney for the US Treasury Dept. representing the IRS against people who underpaid or failed to pay their taxes.

One thing is for sure, if the 3.8 million word tax code were really buried at sea, it would sink like a rock.

Taxes Around the World

Some international tax news today. China is doling out tax relief to the poor by increasing the income threshold for workers who are required to pay taxes.  Those earning less than $540/mo. are exempt from income taxes now, whereas the threshold used to be $300/mo. This change will affect approximately $60 million people. Meanwhile, in Portugal the government announced extra taxes this year to help lower the nation’s debt. And Switzerland is raising taxes for rich foreigners.

IRS Crashes Party at Fiesta Bowl

The Fiesta Bowl is scrambling to avoid needing tax relief. The Fiesta Bowl, a non-profit organization, is facing Internal Revenue Service (IRS) scrutiny for giving elected officials expensive gifts since 2002, which may not have served the Fiesta Bowl’s tax-exempt purpose. Presently, the Fiesta Bowl, because of its non-profit status, does not have to pay federal or state income taxes. However, if such gifts were not in furtherance of the Fiesta Bowl’s tax-exempt purpose, the IRS may levy a fine or may revoke the Fiesta Bowl’s non-profit status. Therefore, the Fiesta Bowl is now seeking information from gift recipients that such gifts were indeed proper, or it is seeking a monetary reimbursement for its “gifts”. Fifteen elected officials have since amended their financial disclosure reports to reflect gifts received from the bowl.

Taxpayer Advocate Wants More Money Spent on Collections

Shouldn’t the Taxpayer Advocate be focused on providing high quality tax relief within the bounds of the law?

The Taxpayer Advocate Service (TAS) describes themselves as an “independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should. ”

Today the TAS submitted its biannual report to Congress which evaluates IRS’s progress in 2010 and spells out its objectives for 2012. Here are some key points:

  • IRS resources are being strained due to new programs and less funding. New programs have resulted in higher call/inquiry volumes and there is less money available to pay for employees to field these calls and question.
  • TAS praises the IRS for making improvements to lien filing procedures, but does not believe it is doing enough. TAS suggests that the IRS cease filing liens based on amount owed, and instead look at the individual ability to pay. If the taxpayer is suffering from an economic hardship, no lien should be filed.
  • Dwindling resources resulted in more “bright-line” tests used by IRS employees; in other words, less discretion and less consideration of taxpayers’ individual circumstances.

The TAS also cited an interesting statistic: In 2010 the government spent $12.1 billion to run the Collections Department of the IRS, and that department collected $2.35 trillion in revenue (that’s $194 for each dollar spent). The TAS cited this statistic to show just how successful the IRS is in collecting taxes and to make their case for increased funding for these collection efforts. In fact, the TAS wants the IRS to be exempt from budget caps or reductions.

In my opinion, the TAS’s push for more funding seems inconsistent with their stated goal of looking out for the best interests of the taxpayer. What kind of advocate would be so interested in beefing up Collections?

Another Tax Bust

Due in part to the state of our economy, there are many people who don’t pay their taxes because they can’t afford to pay. Many of these people can find the tax relief they are looking for by enlisting the assistance of a CPA or tax attorney. However, the IRS seems to be very interested in pursuing criminal charges lately. The IRS has been known to make an example of a few high-profile cases to encourage compliance with the tax laws among average citizens. Here is yet another example:

Identity: Arvind Ahuja, Wisconsin neurosurgeon

Offense: 4 counts of hiding money in offshore accounts & 4 counts of filing false tax returns

Amount of Money Involved: $8.7 million in accounts & $1.2 million of unreported interest income

Other Players: HSBC India has helped other clients like Ahuja hide funds offshore

More Info: USA v Arvind Ahuja, No. 11-cr-135, in U.S. District Court for the ED-WI

IRS Seizes Super Bowl Ring

Even pro football players need tax relief from time to time. Fuzzy Thurston, former Green Bay Packers lineman, owes $1.7 million in back taxes and now the IRS is auctioning off his ring from Super Bowl II to help pay what he owes. His tax debt originated from a restaurant chain he started after his football career had ended. He failed to turn over payroll taxes he withheld from his employees income. Thurston also has a ring from Super Bowl I that the authorities are trying to track down. However, rings like his are worth a mere $20,000 – $30,000, so the IRS would have to locate about 50 such rings to bring him into full compliance.

Kenya Revenue Authority Cracks Down on Government Officials

Despite only having been in existence since 1995, the Kenya Revenue Authority (Kenya’s equivalent of the IRS) apparently has some teeth. Under the country’s new constitution, which was promulgated in August 2010, even the top paid legislators have to pay taxes. Imagine that! So Kenya’s prime minister, Raila Odinga, is leading by example and paying what he owes in back taxes which came out to over $37,000. But many other lawmakers are not so excited about following suit, and some flat out oppose the rule. The Revenue Authority stated that it would seize their property and sell it at auction if they fail to pay what they owe.