IRS Targets International Businesses

Posted on August 10, 2016 by Kursti Nakagawa

Over the last few years, the IRS has faced many dramatic cutbacks which have caused them to decrease their services and drastically reduce the actual number of IRS employees. However, in spite of the downsizing, the agency is determined to collect the money they are owed, especially that owed by larger taxpayers. They have responded to slashes in the number of staff members by focusing most of their efforts and resources on going after the big guns while sweeping up any other delinquent IRS taxpayers they can find along the way. Using this creative approach, they hope to recover a large portion of the millions and billions of dollars that are dishonestly and fraudulently withheld from the IRS.

One of the changes recently announced by the IRS in response to the cutbacks is a focus on auditing businesses in the international division, which are some of the nation's largest taxpayers. This is part of their overall plan to spend most of their time and energy focusing on the larger tax issues which will potentially bring in more tax dollars. The agency is currently keeping their eye on such questionable international business transactions as the basket option, which is a cleverly designed tax loophole whereby foreign banks are enlisted by hedge funds for the purpose of converting short term capital gains to long term gains in order to avoid the payment of higher short term capital gains rates. Since the short term capital gains rate is 39.6% compared to 20% for long term gains, practices such as basket option contracts result in a significant loss of tax revenue for the IRS. Therefore, such practices as this as well as other items on the IRS list referred to as the “dirty dozen” are being targeted by the IRS.

This is all part of a new plan by the IRS to kick into high gear programs designed to get the most money possible from delinquent taxpayers. A key component of this plan is improving the audit process. In the case of auditing companies involved in international transactions, the IRS must obtain enough detailed information and data to build a strong case against the taxpayer. The IRS agents going after these particular businesses have gone through a type of advanced IRS training that instructs them in how to obtain this necessary documentation. These new examination agents will conduct and resolve audits on a national level which is an overall change to IRS system and one which will affect any taxpayer selected for an IRS audit. As a result, taxpayers, especially those who own large companies or are operating internationally, would be well advised to stay on their toes. This means keeping all business related documentation and operating under the advice of an attorney or other tax professional who is experienced in the area of international tax law. The IRS is hunkering down on the big players that owe them money!

If you have tax questions or a tax debt you are unable to pay, our tax settlement professionals are happy to discuss your tax resolution options free of charge. For more information about our services, visit us today at www.professionaltaxresolution.com or call us at 877.889.6527. With over 16 years in the business of resolving tax debt, we have a thorough understanding of tax law together with the experience to know which settlement option will be the best fit for your specific set of circumstances.

Audit Reconsideration Eliminates $100,000 Tax Balance

Posted on December 2, 2015 by Kursti Nakagawa

Audit Reconsideration Eliminates $100,000 Tax Balance

When Ms. H contacted our office, she was panicked over how to pay a back tax balance of $101,000. She had recently received an official IRS Letter informing her of a balance due and threatening enforcement action since she had not responded to previous notices. This was followed almost immediately by a Notice of Intent to Audit. It turns out that Ms. H had sold her personal residence in a previous tax year and had forgotten to report the sale of the home on her tax return. Although the IRS had sent various letters informing her of the discrepancy and assessing a tax balance due, she had not received them due to the fact that she had been moving around.

Our office quickly began working on the client’s back tax issues. We filed Powers of Attorney with the IRS and the California Franchise Tax Board and followed up by contacting both tax agencies to ensure that the client’s accounts would not be subjected to any collection activity while our tax professionals the prepared an audit reconsideration packet. Within a few days, we had submitted a complete audit reconsideration request to the IRS and had stopped the CA FTB from assessing Ms. H’s accounts. The final ruling from the IRS was very favorable. Not only did our client not owe a back tax balance, but she received a refund of $8,000 from funds the IRS had withheld from previous tax years!

The tax settlement case of Ms. H illustrates several important points. First and foremost, it shows that a reputable tax settlement firm offers a huge advantage to clients who are trying to resolve on outstanding tax balance. Not only do these professionals know exactly what problems to look for when analyzing a client’s finances, but they have the experience necessary to successfully resolve those problems with the IRS and State Tax Agencies. In addition, this case shows that receiving a Notice of Intent to Audit does not necessarily mean that the recipient will owe a large tax amount. In addition to plain old random sampling, a tax return may be selected for audit for a variety of reasons including a filing error or missing tax information. Such was the case with Ms. H whose return was targeted for closer scrutiny due to her failure to report the proceeds from the sale of a home. Once the error is corrected and an accurate tax situation is presented for examination, the audit may actually result in a reduced tax balance or even a refund as happened in the situation described above.

Charitable Contributions Require Documention

Posted on November 4, 2015 by Kursti Nakagawa

Charitable Contributions Require Documentation

Although charitable contributions can amount to a significant tax savings, they can also have the negative affect of flagging a return from audit when they are claimed in excess or not reported according to preset IRS guidelines. A case in point is that of Kunkel versus United States Tax Commissioner. In this 2011 United States Tax Court case, the court disallowed over $37,000 in noncash contributions due to lack of substantiation. While the Kunkels maintained that the value of each donation was less than $250, the court questioned the total amount of the contributions. They pointed out that the total donation amount could have only been achieved by making almost 100 trips to various donation sites. In addition, the Kunkels had no dated receipts from any of the receiving charities giving either a value or description of the property being donated.

In order to avoid a situation such as the one described above, it is important to follow the guidelines set by the Internal Revenue Service for reporting charitable contributions. According to these guidelines, increasingly strict documentation requirements are imposed on charitable donations above or below the following preset thresholds:

 Contributions of less than $250

Contributions of less than $250 require 1) the name and location of the charitable organization to which the donation is being made, 2) the date the donation is made and 3) a description of the property being donated. Although it is advisable to get a receipt from the organization to which the donation is being made, this is not required.

 Contributions in excess of $250

In addition to the documentation required for contributions of less than $250, those in excess of $250 must have a written receipt from the charitable organization to which the contribution is made. In addition to a description of the donated property, the receipt must include a good faith estimate of the property’s value as well as a statement indicating whether any goods or services were given in exchange for the contribution.

 Contributions in excess of $500

Charitable donations in excess of $500 require 1) a specific description of the property being donated, 2) the date the property was acquired, 3) the cost basis of the property, 4) the fair market value of the property at the time the donation is made and 5) a statement of the method used to calculate fair market value.

 Contributions in excess of $5000

In addition to all of the documentation required for donations in excess of $500, charitable contributions in excess of $5000 require a qualified appraisal.

With the end of the calendar year fast aproaching, now is as good a time as any to review the IRS guidelines for documenting charitable contributions. Although the IRS sometimes allows charitable deductions even when the reporting taxpayer lacks the required documentation, there is no good reason to take a chance on this being the case. It is better to be safe than sorry! Charitable contributions can amount to a significant savings of tax dollars but proper reporting is essential.

Government Employees Have Delinquent Tax Balances

Posted on June 2, 2014 by Kursti Nakagawa

Delinquent Taxes and Government Employees

Government Employees Have Delinquent Tax Balances – Various government workers have been in the news recently for their delinquent taxes. One article reported that over 1100 IRS employees who owed back taxes and had other tax related problems had, in fact, received bonuses. Another recent report divulged that, as of September 2013, various federal government employees and government retirees owed over three million dollars in unpaid taxes. In a nutshell, it appears that government employees are no different than the general population of taxpayers. Some do not pay their tax bills.

A recent audit of the IRS revealed that over 1000 IRS employees who were in violation of one or more of the tax guidelines set by the very agency they work had received bonus pay in spite of their noncompliance. The Treasury General for Tax Administration reported that the IRS employees who had received bonus compensation had various tax violations including back tax balances, the underreporting of income and late tax payments. While the IRS is not currently required to withhold bonuses for tax law noncompliance, it has said that it will work toward changing this policy based on the recommendations of the recent audit. In a recent statement, IRS officials said they “recognize the need for proper personnel policies” and will “strive to protect the integrity of the tax system.”

Another recent report discussed the delinquent taxes owed by government employees in general. According to his study, members of Congress have a higher percentage of delinquent taxpayers than the IRS. While the Treasury Department, which includes the IRS, has a 1.2% rate of noncompliance, the percentages are 3.24% for Senators and 4.87% for members of the House of Representatives. Results of this same study showed that the departments with the highest noncompliance rates were the Department of Veterans’ Affairs and the Department of Housing and Urban Development with rates of 4.38% and 5.29 % respectively. Off the large governmental agencies, the worst offenders were the Smithsonian Institution, the Government Printing Office and the Court Services and Offender Services Agency, all with tax noncompliance rates in excess of six percent. According to the IRS data released in this recent study, approximately 3.3% of federal government employees and federal government retirees owe back taxes.

If you have a delinquent tax bill, our tax settlement professionals are happy to discuss your tax resolution options free of charge. For more information about our tax settlement services, call us at 877.889.6527 or visit our website at www.professionaltaxresolution.com. Our experienced CPAs and Enrolled Agents have a thorough understanding of tax law together with the experience to know which tax settlement option will be the best fit for your specific tax delinquency.

Foreign Banks Take Advantage of Tax Amnesty Offer

Posted on January 27, 2014 by Kursti Nakagawa

Foreign Banks Take Advantage of Tax Amnesty Offer

Foreign Banks Take Advantage of Tax Amnesty Offer: In its latest attempt to tackle the problem of offshore tax evasion, the United States Department of Justice offered Swiss banks that are not currently under criminal investigation the chance to apply for tax amnesty. Banks that chose to accept the offer were given until December 31^st to turn over information on any undeclared foreign accounts and to provide information as to how they helped United States citizens hide their foreign assets. A recent report indicated that over one third of the 300 banks that were extended this recent amnesty option have accepted the terms and agreed to cooperate.

Under the terms of this latest tax amnesty program, foreign banks must pay penalties equal to a certain percentage of the value of their undisclosed American accounts in order to avoid prosecution. This percentage is determined by when the undisclosed accounts were opened and is highest for those accounts opened after the 2009 prosecution of UBS. The fines range from 20 percent of the value of undisclosed assets for those accounts opened before August, 2008 up to 50 % for those opened after February, 2009. While the Swiss government is critical of these steeply escalating percentages, it has apparently encouraged banks to cooperate.

The crackdown on offshore tax evasion increased in intensity after the 2009 conviction of UBS, the largest Swiss bank, for hiding over $20 billion dollars in United States assets. As part of this conviction, UBS paid a penalty of over $700 million and turned over in excess of 4000 foreign accounts. In addition, 100 United States taxpayers and financial advisers were criminally prosecuted while over 30,000 others avoided prosecution by disclosing their offshore accounts and paying the back taxes and penalties associated with the disclosures. Since that time, the Unites States Department of Justice has allocated more and more resources to identifying offshore assets and penalizing those institutions and individuals who attempt to hide them. This latest tax amnesty offer is part of that ongoing effort.

If you have questions about the reporting of assets held in foreign accounts or about a tax debt you are unable to pay, our tax settlement professionals are happy to discuss your situation free of charge. For more information about our services, call us today at 877.889.6527 or visit us at www.professionaltaxresolution.com. With over 16 years in the business of resolving tax problems, we have a thorough understanding of both domestic and foreign tax law tax together with the experience to know how to apply that knowledge to your specific financial situation.