Ai Weiwei’s Tax Case up for Reconsideration

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Our political activist / artist friend, Ai Weiwei, is in the news again today fighting for his own personal tax relief and the broader agenda of pursuing justice for his fellow countrymen.

The Beijing Local Taxation Bureau has agreed to hear his appeal of a $2.4 million tax bill and fine for alleged tax evasion. They informed him the process would take no more than two months.

The IRS should take note of this.  Chinese tax authorities gave themselves a deadline, a very reasonable deadline!  Ok, but let’s not get overly excited about this.  Will they follow through on this self-imposed deadline?  And even if they do act quickly, is a speedy & oppressive ruling any better than the slow churning of the IRS?  In other words, is this case being reviewed just to appease Ai and other government opposition?

Everyone will be watching closely for any missteps in the process.  Ai for himself definitely sees his appeal as something grand and symbolic:

How they handle this relates to issues of China’s rule of law and the safety of its people. It has very broad implications. If they can’t resolve this issue very fairly and carefully, it will bring harm to this society’s justice system.

California Tax News

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Today the California Franchise Tax Board (FTB) announced that it is now accepting 2011 state tax returns.

California is falling in line with the federal government as far as the 2012 filing deadline. You must have your tax return postmarked no later than Tuesday, April 17th for it to be considered timely.  The standard filing deadline is April 15th, but that falls on a Sunday this year. And Monday, April 16th is Emancipation Day, A District of Columbia holiday, which has the same effect as a national holiday when it comes to tax deadlines.  But even though the April filing deadline is the 17th, the extension deadline will still be October 15th for federal tax returns.

  • The top individual tax rate in California decreased from 9.55 percent to 9.3 percent.
  • The standard deduction increased from $3,670 to 3,769 (increase from $7,340 to $7,538 for joint filers)
  • The dependent exemption credit increased from $99 to $315 per dependent (personal exemption increased from $99 to $102 and from $198 to $204 for joint or surviving spouses)
  • Child and dependent care expense credit is worth up to $1,125 for those who qualify

The 4809 “Informational” Letter Campaign

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Throughout the month of November, tax preparers across the nation will be grumbling about having received IRS Notice 4809, some under their breath, and some publicly.

One of the gripes I am seeing is that people don’t appreciate feeling like the target of some IRS sting operation. The letters were meant to be informative, but the tone of the letter comes across a little accusatory and condescending.

Funny how 4809 is indicative of a broader problem with our nation’s tax system, one which the Commish touched on in his recent speech to an audience at Harvard’s Kennedy School of Government. Much of his speech focused on the need to simplify the tax code:

[M]aking the tax code less complex is the single most important thing that could be done to improve taxpayer service and boost compliance.

~ IRS Commissioner, Douglas Shulman

 

Changes to the tax code, even for the goal everyone agrees on – simplicity – are hard because inevitably it means more money for some and less for others.

~ IRS Commissioner, Douglas Shulman

The problem is that “to simplify” usually means “to generalize,” and when you generalize, some people get the shaft. I think that’s what the Commish is saying here. These 4809 letters are no different. The IRS could have made this campaign very complex: it could have conducted extensive research to determine which tax preparers are complying with the law and which are not. The Service could have spent a huge amount of time and money on this project. But instead the IRS decided to simplify and send them out in a “shot gun” strategy to all return preparers who may ever remotely encounter the issues that they wanted to emphasize. In the process, some top notch, extremely competent return preparers are going to be insulted and offended. And, unfortunately, many of those who should be paying attention to the contents of these letters will toss them aside without giving them a second thought.

What we have these days is a tax system that tries to be tailored to every individual and situation, but it’s way too complex. As policymakers consider making drastic changes to the tax code, hopefully they can achieve the desired simplicity without lumping everyone together unfairly.

Worst Idea of All Time

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Think of all the bad ideas in America’s past: Smell-O-Vision, Leisure Suits, New Coke, Hydrogen-Filled Blimps, Barney, dare I say tax liens.  I guess the Land of the Free is a breeding ground for horrible ideas because the list is LONG.

And it should come as no surprise that the mother of all bad ideas was cooked up recently by a bone-headed politician. I speak of Rep. Jim Cooper’s proposal to let the IRS prepare our tax returns. Once you’re finished laughing hysterically, dry your eyes and try to compose yourself for a moment longer. But don’t think there’s any more to it than that. There is no “catch” here. He literally wants the IRS to “save us the time and money” expended in preparation of the returns ourselves. Nevermind the money we would lose by “asking the fox to watch the hen house.” The IRS would rob us blind!

The proposal may possibly be considered by the (as Newt Gingrich calls it) “maniacally stupid” debt reduction supercommittee. However, it seems unlikely that it will become part of their final proposal since its only proponents appear to be Rep. Cooper and Pres. Obama.

Weiwei “Lawyered Up” to Challenge Tax Bill

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Ai Weiwei is ready to pony up the cash (8.5 million yuan) to the Chinese tax authorities, but they are not in agreement over the method of payment. According to Weiwei’s lawyer, the law dictates that they must guarantee the funds before they can dispute the assessment, but they have to be careful that the way they do it does not admit liability. They would prefer to provide the government with a bank deposit certificate and hold the funds in Weiwei’s account. The government, of course, wants the money wired directly to them. Full story here.

Weiwei is no idiot.  He has reason to be concerned with wiring the tax authorities the payment, which amounts to $1.3 million. In the United States if your hard-earned money somehow finds its way into IRS coffers (by way of bank levy or wage garnishment), it is significantly more difficult to get it back than if it was never collected in the first place. No comment, by the way, on whether or not the funds earmarked for Weiwei’s tax debt were hard-earned given the fact that it was gifted to him by many of his political allies. I’m sure if Weiwei were to pay them the amount in dispute, and then win his tax case, getting that money back would be a procedural nightmare for his attorney.

The Weiwei Tax Relief Fund

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Last week we learned about outspoken Chinese artist, Ai Weiwei, and his tax problems. Today the news from China is that Weiwei’s supporters are pooling their money to the tune of $800,000 (and rising) to help him pay what he owes.

Weiwei certainly has the money to pay his tax bill, so what’s the motivation behind these donations? Are these wealthy art collectors who don’t want their Weiwei pieces to lose value? Unlikely. This is an artist who is known and adored for controversy; refusal to pay the government will probably only increase his popularity and increase the value of his work. Also, wealthy collectors would probably not make airplanes out of money and toss it over the gate to Weiwei’s home. Certainly some of the donations are coming from the wealthy and politically connected. However, it is clear that many of the donations are from average Chinese protestors who are symbolically “casting their vote” according to Weiwei.

It’s probably only a matter of time before a high-profile tax protestor in the Unites States pulls some publicity stunt designed to lure like-minded citizens to vote with their checkbooks like they have done in China. Good luck getting that to work here though.

Anti-Tax Evasion Agreement Emerges from G20 Summit

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Tax shelters seem to be especially despised these days — both the people who use them and the countries that harbor them. With so many countries struggling financially, it’s hard to sit back and do nothing to the uber-wealthy individuals and corporations that hide their billions offshore. This past Friday, each G20 nation pledged to make greater efforts to work together to fight tax evasion. This also means they will strive to do more to enforce the tax laws within the borders of their own countries. Besides Switzerland, one of the most infamous tax havens, there are several other nations that have transparency problems, including Monaco, Panama, and Uruguay. Moving forward, the goal will be to get these other nations to sign on as well.

www.mwattorneys.com

Non-FTB Tax Collectors

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If you live in California, the tax man who comes pounding unexpectedly on your door to collect overdue state taxes might not be a tax man at all.  The California Franchise Tax Board (FTB) hires private collecting agencies (PCAs) to do some of their dirty work for them.  FTB says they keep a close eye on their PCAs to ensure they are treating taxpayers fairly and safeguarding their private information.

The IRS has tried this in the past too with limited success.  My own personal experience with the PCAs hired by the IRS was that they were given so very little authority to actually resolve cases that it seemed a waste of time and resources.  The IRS initiated PCA contracts in 2006, but discontinued the program in early 2009 due to pressure from advocacy groups who said the collection practices were often abusive.  Also, the PCAs weren’t as effective as expected, meaning they didn’t collect as much revenue as their public counterparts.