Author Archives: Kursti Nakagawa

IRS Tax Penalties Increased for Failure to File W-2s and 1099s. Yikes!

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When meeting with a new client regarding an outstanding tax debt we generally ask if all required W-2’s and 1099’s and have been filed.  It is not uncommon for the client to casually respond that they need file those also.  They are often surprised to hear of the substantial penalties that apply for the failure to file these information returns.  Since the IRS assesses these penalties on a per return basis the resulting penalties can be very significant when there are numerous documents that have not been submitted.

Under the Small Business Jobs Act, the IRS has implemented higher penalties for failure to file information returns such as a W-2’s or 1099’s. The new penalty structure is designed to encourage businesses to file these returns as soon as possible. The quicker the delinquent returns are filed, the smaller the penalty.

  • First tier penalties have been doubled from the previous amount to $30 per return. These penalties apply to any information return that is submitted after the filing deadline but within 30 days. The maximum penalty for a calendar year has been increased from $75,000 to $250,000 (from $25,000 to $75,000 for small filers).
  • Second tier penalties have been doubled from the previous amount to $60 per return. These penalties apply to any information return that is submitted more than 30 days after the filing deadline but before August 1st. The maximum penalty for a calendar year has been increased from $150,000 to $500,000 (from $50,000 to $200,000 for small filers).
  • Third tier penalties have been doubled from the previous amount to $100 per return. These penalties apply to any information return that is submitted after August 1st. The maximum penalty for a calendar year has been increased from $250,000 to $1.5 million (from $100,000 to $500,000 for small filers).
  • The penalty for intentional failure to file has been increased from $100 to $250 per return.

The new penalty structure applies to information returns that were required to be filed on or after January 1, 2011.

Don’t Bounce Your Tax Check!

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Taxpayers beware! The penalties for bouncing a check to the U. S Treasury Department have recently been increased. Generally, if the IRS extends an existing tax credit or offers a new one, they will make a corresponding change in the tax code to “pay” for the credit. In this case penalties and fees on bad checks have been increased to cover the changes initiated by the Homebuyer Assistance and Improvement Act of 2010 which extended the closing date for home purchases eligible for the homebuyer tax credit.  

The new tax law imposes a 2% penalty on any disallowed check or money order payable to the U.S. Treasury for an amount over $1,250. For bounced payments under $1,250, the fee is the amount of the check or $25, whichever is less. These bad check fees have now been extended to cover electronic payments as well.

In addition to the new penalties which have been imposed on disallowed IRS payments, taxpayers are still subject to the normal penalties and interest that apply to any unpaid tax debt until the obligation is paid in full.  The sum total of interest and penalties owed to the IRS together with bad check fees charged by the issuing bank can turn out to be a significant dollar amount. 

Even with fees like this aside, there is no doubt that the IRS can be intimidating.  Let us help you with your tax problems; call Professional Tax Resolution today for a free no obligation consultation.  (949) 596-4143.

An Audit Reconsideration Success Story – A $26,000 Mistake Corrected Results in Zero Tax Liability

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Professional Tax Resolution has successfully helped many clients find tax relief. Here is the story of a client who came to us in March of 2011.

Mr. and Mrs. M lived, worked and paid taxes in the United States from 2008-2010. In early 2010 both Mr. and Mrs. M moved out of the country and despite leaving a forwarding address, never received a notice from the IRS asking for supplemental documentation related to a 2008 tax return. Unfortunately more than a year passed before the taxpayers became aware of the problem and once they were informed, the IRS had moved on from their initial request for supplemental information and had both audited their return and disallowed more than $26,000 in deductions taken on their 2008 taxes. The result of the audit was a notice of deficiency for a sizable tax liability.

Now aware of their problem, Mr. and Mrs. M came to us asking how we could help. By examining the tax code, we determined that the original deductions were legitimate and we developed a tax settlement action plan. Professional tax resolution was able to request an audit re-consideration with the IRS directly. The IRS granted our request and re-opened the audit. During the re-examination period, Professional Tax Resolution Inc. was able to defend Mr. and Mrs. M successfully by providing all of the necessary documentation and evidence of the legitimate deductions in question.

In April 2011, just a few weeks after Mr. and Mrs. M hired Professional Tax Resolution; the client received final notice from the IRS that all adjustments and balances owed were reversed. No petition to the US tax court was required and a final “No Change” letter was issued closing the case.

Not only was their audit re-considered but by providing the correct paperwork and documentation, their entire liability has been eliminated. Professional tax resolution has another satisfied client and achieved an amazing 100% reduction in tax debt liability.

IRS Goes After Race Car Champ for Tax Debt

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Three-time Indianapolis 500 champion, Helio Castroneves was acquitted in 2009 of six counts of tax evasion after the IRS claimed he owed back taxes on earnings between 1999 and 2004. Now they claim that Castroneves owes an additional $3.6 million in taxes and $2.7 million in fraud penalties on the same income that was in dispute in the earlier case.

The IRS accused Castroneves, his sister, and his attorney of hiding income through a Panamanian shell company created by them. Just two days before winning the Indianapolis 500 for the third time, Castroneves’ charges were dismissed.

Helio Castroneves allegedly owed the IRS $15 million in tax debt. He gave them a $5 million dollar check after the trial. The new case is being tried in a civil court which gives the IRS a lighter burden of proof.

If you owe the IRS money due to a tax debt, Professional Tax Resolution can help. We can help determine which option for tax settlements is right for you. Call now to see what our licensed professionals can do to provide tax debt help.

Deceased Guitarist Should Have Opted for Tax Settlements

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Bo Diddley, who died at the age of 79 in 2008, had sold some of his music rights to pay for his medical care after a stroke. Shortly after, Diddley incurred a large tax debt, as the IRS is claiming taxes on the sale.

Diddley’s managers were given permission by circuit judge Robert Roundtree to sell off his music catalog to pay for his outstanding IRS debt of $1.1 million. The assets are estimated to be worth $4.3 million. However, the guitarist’s 22 heirs are opposed to selling the rights to the numerous songs in his music catalog. The fees and commissions charged by Diddley’s managers, agents, and estate attorney were also objected to by the heirs.

All of this headache could possibly have been avoided had Diddley opted for one of the types of tax settlements. If you need tax debt help, call Professional Tax Resolution and speak with one of our licensed tax experts.