IRS Audit Red Flags – What the IRS is looking for – Tax Tips Part 1

Posted on January 10, 2012 by Kursti Nakagawa

Most people have a great fear of getting audited. Audits can be long, expensive and can require a lot of supporting documentation and professional guidance. There are actually three types of Audits that an individual or business can experience, a field, office, or correspondence audit. Each comes with a different set of requirements to find a tax resolution.

Of course the fear of having a tax return audited is justified if you are misleading the government, but for most taxpayers it is simply a worry they hold in the back of their minds each year. Are you curious about what your chances to get “Flagged” for an audit review might be? With this in mind, we begin a three part blog series on common “Red Flags” that can trigger your tax return for an audit.

Tax Return Red (Audit) Flags – Part 1

Most tax returns are processed by IRS computers that are programmed to watch for anything unusual. Here are some red flags that may cause the IRS to take a closer look at your tax return:

Abusive tax shelters: Offshore Transactions involve activities in “tax havens” that offer financial secrecy. The IRS is intensely interested in people with offshore accounts, Failure to report a foreign bank account has strict penalties and the IRS has made this issue a top priority.

Foreign trusts (Disguise income because they are flow-through entities)
Foreign (Offshore) Partnerships, LLCs and LLPs
Offshore-Private Annuities or Offshore-Private Banks
Personal Investment Companies – Captive Insurance Companies – Related Party loans

Amending Returns: Did you forget to include a deductible expense which would give you a small refund? If that amount is truly minimal it could be better to just let it pass. Why? Amended returns get more attention from the IRS than initial ones – you may be inviting trouble.

Compiling your tax return incorrectly: Your return must be in the Proper Order. First, is the return itself. Then, attach the schedules in alphabetical order, forms in numerical order and plain paper statements. Do not forget to enclose W-2 and your 1099s. (or you could just e-file)

Disagreements between State and Federal returns: Oh how we love technology – here is another example of how computers are making the IRS an efficient agency. Be sure that ALL of your state and federal tax information match – because computers will catch any errors.

DIF Score: The IRS assigns a numeric value to tax returns known as a DIF score. The IRS used a computer-scoring system known as Discriminate Information Function (DIF). The DIF is based on deductions, credits and exemptions for the average taxpayer in each of the income brackets If deductions on your return are not comparable to your income bracket an audit/red flag is released. Here are some CCH Itemized Deduction Averages for 2008

IncomeRange	Medical Expenses	Taxes Paid	Home Mtg Interest	Charitable Contribution
$15 – $30,000	$7,000	$3,100	$9,200	$2,000
$30 – $50,000	$6,100	$3,800	$9,000	$2,100
$50-$100,000	$7,000	$6,000	$10,600	$2,600
$100-$200,000	$9,200	$10,800	$13,700	$3,700

Home office: This is because historically people who claim a home office don’t meet all the requirements for properly taking the deductions: 1) the space must be used EXCLUSIVELY and 2) on a REGULAR basis used as your principal place of business.

Mistakes, Math errors and Messy returns: This is one reason to file electronically. Computer software will calculate your return and create neat and clean copies to e-file. Mistakes can include writing your social security number for yourself, your spouse of your claimed dependents.

Pay or Contest: If you receive a small balance due from the IRS it may be better to pay it and forget it in. If you disagree it gives the IRS the opportunity to look more closely at your return so you could be liable for even a greater amount.

Round numbers: It’s unlikely that your investment returns were exactly $1,000 or that your mortgage interest deduction was $8,000. Too many round numbers on a return marks a return for an audit/red flag.

Underpayment: The IRS may audit you if you don’t pay enough taxes and don’t offer an explanation as to why you aren’t paying. If you can’t pay the taxes include Form 9465 “Installment Agreement Request”

Never boast you “outwitted” the Internal Revenue Service: Informers can earn a reward of 15%-20% of the additional tax collected, including fines, penalties and interest. So keep your “tax strategies” to yourself.

These tax tips are just examples of the type of the proactive, year-round tax guidance we provide to our clients. We have more we want to share with you about IRS Audits so look for our next installment of Audit Red Flags in the coming days.

If you need to file your 2011 or earlier tax returns, or have an IRS or State Tax problem, our experienced tax professionals can help. For more information about our tax services, visit us today at www.professionaltaxresolution.com. You may also Contact us by phone at (877) 889-6527 or by email at info@protaxres.com to receive a free, no obligation consultation.

Tax Tips for 2011 – 6 Last Minute Tax Saving Tips

Posted on December 27, 2011 by Kursti Nakagawa

This time of year, clients call for last minute tax guidance that will help them maximize their returns. While we advise our clients on a year round basis – not just at tax time – here are a few last minute tips you might find helpful.

Here are a few things you can do in the next couple of days that may save you some 2011 tax dollars:

1) Make a charitable contribution.
If the last minute contribution is for more than $250, it must be documented by a contemporaneous acknowledgement from the donor organization.

2) Make a contribution to an IRA, 401(k) or other retirement account.
Most retirement plans actually give you up until April 15, 2012 to make a contribution as long as you designate that the contribution should apply to the 2011 Tax Year.

3) Fund a Health Savings Account or a Medical Savings Account.
The money put into these accounts is tax deductible up to certain limits and is not taxed when it is taken out as long as it is used for medical expenses. Any funds put into either of these account types before December 31 can be counted as a tax deduction for 2011 even though will not used for medical expenses until 2012. At the end of each year, money in these savings accounts that has not been used to cover medical expenses during the current year can be rolled over for use during the next calendar year.

4) Pay your 2011 State Income Tax.
Although the deadline for paying your 2011 State Income Taxes is April 15, 2012, the State Income Tax Deduction can be claimed a whole year earlier if the payment is made before December 31.

5) Consider selling investments that are down if you have sold investments that have shown gains in 2011.
Although the entire amount of capital gains is taxed during the year they are realized, the maximum yearly deduction for capital losses is $3000. However, any capital gains realized during a calendar year can be offset by capital losses posted during the same year. This tax law essentially allows you to increase the allowable capital loss deduction by the entire amount of any gains realized during the same year.

6) If you own a small business, consider making equipment purchases.
A special tax code makes it an advantage to purchase business tools and equipment before the end of 2011. Although the cost of a capital expenditure usually must be depreciated over the predicted life of the equipment, a special tax code allows you to deduct the full amount of a purchase, up to certain limits, in the calendar year it is made. (https://boxmining.com/) This amount is $500,000 for 2011 but will drop to $139,000 in 2012 and then to $25,000 per year.

If you need tax advice, contact us at (877) 889-6527 or by email at info@protaxres.com for a free, no obligation consultation with a CPA today. If you already owe a tax debt or are simply trying to avoid incurring tax debt in the future, our experienced professionals can help. Click the links for more information about our tax planning and preparation and tax debt resolution services.

IRS Tax Code and Money Earned Abroad – Could it Change?

Posted on December 23, 2011 by Kursti Nakagawa

Money earned abroad by American corporations is free from U.S. taxes until it is returned to the United States. However, once these foreign earnings are repatriated, they are taxed at a rate of 35%. The current tax code allows multinational companies to avoid this tax, but only if they invest in certain domestic assets such as bank deposits, stocks and bonds. If the foreign earnings are reinvested into the companies themselves, they are taxed at the corporate tax rate of 35%. Currently, a group of multinational companies who have joined together to form what is called the Win America Coalition, is lobbying Congress to reduce the tax rate on earnings they bring home from overseas. This group of companies, which consists mainly of the Silicon Valley technology giants together with some pharmaceutical companies, is asking for the tax rate on repatriated foreign earnings to be reduced from 35% to just over 5%. They claim that a reduction in the tax rate would increase hiring and stimulate job growth by allowing companies to invest in themselves. While some members of both major political parties are in favor of such a tax cut, others are against it. The pros and cons are outlined below.

Reasons for favoring a tax cut on repatriated foreign earnings:

• Due to a flawed U.S. tax code, profits of U.S. companies continue to be invested around the world instead of at home.

• Even though companies are allowed to keep funds earned abroad in U.S. banks, they are not able to put the funds to work in the U.S. economy without being subjected to a 35% tax rate.

• Reducing the tax rate for repatriated funds earned abroad would inject billions of dollars into the U.S economy, thus creating jobs.

Reasons for opposing a tax cut on repatriated foreign earnings:

• Domestic companies that do not have overseas operations say it is unfair to give multinational companies a lower tax rate.

• Some analysts say that job growth created by a tax cut would be lower than some estimates predict because foreign earnings are already invested in U.S. stocks and bonds and deposited in U.S. banks.

• Independent tax analysts have said that when a similar tax cut was initiated in 2004, most of the repatriated funds were spent on shareholder dividends, stock buybacks and executive pay rather than on any type of expansion that would have created jobs.

According to recent report by the Senate’s Permanent Subcommittee on Investigations, large multinational companies are already investing nearly $250 billion in United States financial institutions in order to avoid paying the 35% tax rate on repatriated foreign earnings. The question is whether a reduction in the current rate would promote changes in the distribution of these funds that would be beneficial to the economy.

Do you have a tax planning or preparation question? Are you thinking about your 2011 taxes and want to avoid owing the IRS a tax debt? Call for a free, no obligation tax consultation with our CPA’s today (877) 889-6527 or email us at info@protaxres.com

Start of 2012 with clear and accurate tax advice – contact us today!

Back Taxes and Small Businesses -Tips to Avoid Tax Debt

Posted on December 16, 2011 by Kursti Nakagawa

Back Tax Issues for Small Businesses

What back tax issues are commonly encountered by small businesses?

Due to the complexity of tax law, many small business owners do not know how to use available deductions to reduce their lax liability and therefore end up with tax balances that are more than the business can afford to pay.

With the current state of the economy, many small businesses have cash flow problems. When this is the case, they may use available cash to fund operations rather than making tax payments.

What types of tax payments are small businesses responsible for?

Small businesses are responsible for paying sales taxes (often to multiple states), payroll taxes and quarterly tax payments.

What are the consequences when small businesses do not make their tax payments on time?

The IRS has the power to impose harsh penalties when small businesses fail to meet their tax deadlines. The reason for the delinquency is usually not taken into consideration.

One of the harshest penalties is imposed when a small business fails to meet its payroll tax deadlines. The penalty is called the Trust Fund recovery Penalty and is equal to 100 percent of the payroll tax balance. This penalty does not take into account the reason for the delinquency and can assign blame to anyone who was, in any way, responsible for the payroll tax debt.

What solutions are available to small businesses with back tax issues?

The best way for a small business to deal with a back tax issue is to face it head on rather than to wait for the liability to increase due to the compounding of interest and penalties.

Many states offer voluntary reporting programs and, while no such program is currently offered by the IRS, they due offer numerous tax debt settlement options.

While small business owners may rationalize that they will clear up their tax debt issues down the road when business is more profitable, this is usually not a wise decision. The IRS is more likely to approve a settlement agreement when business income and profits are low, not to mention that he legal and financial consequences of not addressing a back tax issue can be severe.

Due to the complexity of tax law, especially as it applies to small businesses, the best approach to resolving back tax issues is often to enlist the help of a qualified tax professional.

If you are a small business with unresolved tax debt, our experiences professionals can help you resolve your back tax issues. For more information about our tax debt resolution services, call us by phone at (877) 889-6527 to receive a free, no obligation consultation.

Have IRS Tax Debt? Need a New Passport? The GAO wants to know.

Posted on December 7, 2011 by Kursti Nakagawa

As of the end of fiscal 2010, the balance of reported unpaid federal taxes was about $330 billion according to the IRS. This is a huge amount and as we have written about in the past, the enforcement of the tax laws and the tax code is on Government Accountability Office’s list of high-risk areas. The deficit being what it is it may come as no surprise that the GAO was asked to investigate, by cross referencing unpaid federal taxes and passport issuance, the magnitude of known unpaid federal taxes for individuals who were issued passports. Selecting a past year, the GAO did a study for the fiscal year 2008 to identify examples of passport recipients who had known unpaid federal taxes.

They study discovered that individual states issued passports to about 16 million individuals during fiscal year 2008 and that of these, over 224,000 individuals (over 1 percent) owed more than $5.8 billion in unpaid federal taxes. That is JUST those individuals who got new passports in 2008 – not all passport holders.

Does that come as a surprise? Currently each state is not authorized to restrict the issuance of a passport to an individual because they owe federal taxes. In addition, federal law does not permit the IRS to disclose taxpayer information, including unpaid federal taxes to State officials unless the taxpayer consents. The reason this is at least somewhat surprising is that in contrast, federal law does permit certain other restrictions on the issuance of passports to individuals, such as for those individuals owing child support debts over $2,500.

Really, the problem is likely far greater than 1% of the newly issued passport holding population. In addition to the obvious population balance of all valid passport holders for the studied year of 2008, the estimated amount of unpaid federal taxes was actually likely understated because it excluded individuals who had not yet filed tax returns or who had underreported income.

Making matters harder, individual States currently cannot compel a passport applicant to provide a Social Security Number (SSN). Because the IRS uses the SSN to identify each taxpayer, without an SSN you cannot match an individual back to their IRS data.

This study had produced such alarming results already and the GAO wanted to know a bit more. They took the 2008 study and dug deeper into the backgrounds of a very small group of just 25 passport recipients. Clearly this is a tiny study and cannot be reflective of the population as a whole. That said, some pretty interesting things were discovered. When investigating for abuse related to the federal tax system or criminal activity, of these 25 cases, at least 10 passport recipients had been indicted or convicted of federal laws! In addition, the IRS had assessed trust fund recovery penalties on several passport recipients; a penalty which is applied when an individual does not remit payroll taxes to the federal government. How does someone fall behind on Payroll taxes? Instead of acting appropriately as the trustee of an individual employee’s withholding and forwarding it onto IRS, they divert the money for other purposes. Using payroll taxes is a big crime; in fact the willful failure to remit payroll taxes is a felony underU.S.law.

In this smaller study of the 2008, of those 25 new passport holders, some had accumulated substantial wealth and assets, including million-dollar houses and luxury vehicles, all while failing to pay their federal taxes. In fact, of the 25, at least 16 passport recipients traveled outside the country all while owing federal taxes and another 4 passport recipients actually resided in another country at the time! Worse yet, two individuals used the identities of deceased people to fraudulently obtain passports in the first place and then used the passports to travel toMexico,France, and Africa. Ironically in one case, the unpaid tax debt belonged to a deceased individual and in the other; the debt was actually incurred by the imposter.

If this small study is any indication, there appears to be a big opportunity to crack down on passport issuance for those who owe federal tax debt. Although nothing official has been implemented to date, Congress could pursue policy to link federal tax debt collection and passport issuance by enabling States to screen and prevent individuals who owe federal taxes from receiving passports. This would require transparency and more communication between the IRS and the individual States, but it seems that the opportunity to collect unpaid tax debt would be greatly improved as a result.

If you have an unresolved tax debt, visit us today at www.professionaltaxresolution.com for more information about our customized tax settlement assistance. The CPAs and tax professionals at Professional Tax Resolution use their extensive knowledge of the tax code to provide taxpayers with the best settlement option available. Contact us by phone at (877) 889-6527 or by email at info@protaxres.com to learn more about our services and to receive a free, no obligation consultation.