Tag Archives: tax planning

Gift and Estate Tax Changes Expected to Occur at the End of 2012

Posted on by

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act which was signed into law in 2010 increased the amounts of the estate, gift and generation skipping tax exemptions and, at the same time, lowered the tax rates for each of these taxes. However, unless Congress takes some action before the end of the year, the estate tax benefit benefits provided by this law will expire on December 31, 2012. The major provisions of the 2010 Tax Relief Act are outlined below together the changes that will take place on January 1, 2013 if Congress does not take further action.

Gift Tax

  • Current

The gift tax exemption is $13,000 per year for gifts made by any one person to any number of people. There is a lifetime gift tax exemption of $5,120,000 for gifts made above the $13,000 limit.

  • January 1, 2013

The gift tax exemption will remain at $13,000 per year (with a possible increase for inflation) for gifts made by any one person to any number of people. The lifetime gift tax exemption for gifts made above the $13,000 limit is scheduled to revert to $1,000,000.

Generation Skipping Tax

  • Current

The GST exemption is $5,120,000 with a tax rate of 35% on amounts above the exemption limit.

  • January 1, 2013

The GST exemption is scheduled revert to $1,390,000 per year (with a possible increase for inflation) with a tax rate of 55% on amounts above the exemption limit.

Estate Tax

  • Current

The estate tax exemption is $5,120,000 with a tax rate of 35% on amounts above the exemption limit. Portability of unused estate tax exemptions of one spouse to the surviving spouse is allowed.

  • January 1, 2013

The estate tax exemption is scheduled revert to $1,000,000 per year with a tax rate of 55% on amounts above the exemption limit. Portability of unused estate tax exemptions of one spouse to the surviving spouse will no longer be allowed.

With January 1, 2103 fast approaching, taxpayers are anxious to see what, if any, action will be taken by Congress. If Congress does nothing, the exemptions for gift, generation skipping and estate taxes will revert to their 2009 levels and the tax rates for amounts above the designated exemption levels will increase to 55%. On the other hand, if Congress votes to extend the Tax Relief Act, the exemption limit for these taxes will remain at $5,120,00 with a possible inflation adjustment and the tax rate for amounts above the exemption limits will be held at the current 35%. Barring a full repeal of the estate tax, the third alternative would be the passage of some sort of compromise law that would place exemption limits and tax rates somewhere in the middle of the 2009 levels and those set by the Tax Relief Act of 2010.

If you owe back taxes due to a gift or inheritance, we can help you determine whether the assessed amounts are accurate based on past and current estate tax laws. Very often, the process of accurately interpreting the law and making use of tax benefits the law provides can result in a significant reduction in the tax amount owed. Following this analysis, our experienced tax settlement professionals will resolve any existing tax debt in the most effective way available. For more information about our tax debt resolution services, visit us today at www.professionaltaxresolution.com. Contact us by phone at (877)-889-6527 or by email at info@protaxres.com to receive a free, no obligation consultation.

You Have to Pay Your Taxes

Posted on by

What is the law regarding the payment of federal income taxes?
Although taxpayers are initially given the responsibility of determining the amount of tax they owe by completing and filing the appropriate tax returns, paying income taxes is not voluntary. The requirement to file an income tax return and pay income taxes is clearly stated in the Internal Revenue Code, which imposes a tax on the income of individuals and corporations as well as estates and trusts. Failure to file an income tax return and submit payment of taxes with the return can result in harsh civil and criminal penalties, including fines and even imprisonment.

What are frivolous tax arguments?
Frivolous tax arguments are a group of arguments that are made by taxpayers who oppose compliance with federal tax laws. These arguments indicate that paying federal income taxes is voluntary and that certain categories of individuals are exempt from paying income taxes for reasons that have no merit.

What are the most common types of frivolous tax arguments?
Although frivolous tax arguments can take many forms, they most commonly fall into one of the following categories:

  • Paying income tax is voluntary These arguments maintain that the filing of federal income tax returns and the paying of federal income tax is voluntary. They contend that existing laws impose no legal obligation to either pay taxes or file tax returns.
  • Certain forms of income are exempt from taxation These arguments assert that certain forms of income are exempt from taxation for a variety of bogus reasons. One of the common variations of this argument is that military retirement pay is excluded from income tax. Other groundless contentions maintain that income from foreign sources is not taxable or that wages and tips received for personal services are not subject to taxation.
  • Taxpayer is not a United States Citizen The most common form of this argument is given by an individual who asserts that they are relieved of an obligation to abide by federal tax laws because they have rejected United States citizenship in favor of state citizenship.
  • Collection of taxes violates a Constitutional Amendment These arguments assert that the collection of income taxes violates one or more of the amendments of the United States Constitution. Some citizens refuse to pay taxes on the basis of religious or moral grounds that they say are guaranteed by the First Amendment. Others maintain that the payment of income taxes is some form of servitude that is in violation of the Thirteenth Amendment. Another common form of this argument is that federal income taxes represent the confiscation of property, which is prohibited by the Fifth Amendment.

What are the penalties for using a frivolous tax argument?
 In order to deter taxpayers from wasting time and resources, the United States Tax Court imposes harsh penalties on individuals who attempt to avoid or delay paying income taxes through the use of groundless or frivolous arguments. In 2006, Congress passed the Tax Relief Health Care Act, which increased the maximum penalty imposed for submitting a frivolous tax return from $500 to $5,000. This amount was increased to $25,000 by an amendment passed in March 2007. In addition to increasing the penalty for submitting a frivolous tax return, this amendment included a list of 40 specific positions that were deemed frivolous by the United States Tax Court.

 

If you have failed to meet tax filing deadlines or have an unresolved tax liability, our experienced tax resolution professionals can provide you with the tax settlement help you need. For more information about our tax settlement services, visit us today at professionaltaxresolution.com. The members of our staff have the knowledge and experience necessary to know which tax settlement option will most effectively resolve your specific back tax issues.  Contact us today at (877) 596-4143 or info@protaxres.com to receive a free, no obligation consultation. 

Tax Refunds May Be Delayed This Year

Posted on by

The IRS website “Where’s My Refund” for checking refunds is up again after being down for the better part of a week. The website was back in action about midday last Wednesday after being out of service since Feb. 15.

Taxpayers who had received IRS acknowledgment that their tax returns were being processed were startled when they visited the website during the week and got a message that the IRS had no information regarding their return.

The IRS said it was an error message and that if the IRS said the filing had been received, it was being processed.

With the “Where’s My Refund” site back up, you can now check the website 72 hours after your e-filed return has been accepted to see the status of your refund. Those who mail in their returns can check four weeks after they send in their signed return.

The IRS did not say exactly what the problem was, but issued this statement:

“As with the start of any tax season, there were system validations that occurred requiring some fine-tuning of our systems. As part of this, in January, the IRS announced that some taxpayer refunds could be issued approximately one week later than initial projections they may have received, but these refunds were still in line with historical refund delivery times.”

The IRS said in most cases, it issues refunds 10 to 21 days after a return is received.

If you have tax debt issues and need help with tax settlement, our experienced tax professionals can provide you with the tax help you need. Our tax specialists can help you get your maximum refund and help you with back taxes owed. For more information about our tax debt resolution services, visit us today at professionaltaxresolution.com. Contact us by phone at (949)596-4143 or by email at info@protaxres.com to receive a free, no obligation consultation.

 

Tips on Saver’s Credit with an IRA

Posted on by

IRA owners have until April 17, 2012 to make a 2011 contribution to their IRA. This year, it is not too late to get a Saver’s Credit for IRA contributions. A number of IRA owners may qualify for the Saver’s Credit of up to $1,000 ($2,000 if filing jointly) on their 2011 tax return for 2011 IRA contributions. The Saver’s Credit reduces the amount of income tax that may be owed dollar-for-dollar, but not less than zero.

Who is eligible for the Saver’s Credit?

To qualify for the Saver’s Credit (Retirement Savings Contributions Credit) for eligible IRA contributions, the IRA owner’s 2011 adjusted gross income cannot be more than:

• $56,500 when filing status is married, filing jointly

• $42,375 when filing status is head of household

• $28,250 when filing status is single, married filing separately. or qualifying widow(er)

Additionally, the IRA owner cannot be:

• Younger than age 18

• A full-time student

• Claimed as a dependent

The Saver’s Credit may also be taken for contributions to 401(k), SIMPLE IRA, SARSEP, 403(b), 501(c)(18), and governmental 457(b) plans, as well as voluntary after-tax employee contributions to qualified retirement and 403(b) plans.

If you are in need of any type of tax planning, tax preparation or tax settlement services, our experienced tax professionals can provide you with the tax help you need. Our tax specialists are familiar with all of the current and impending changes to the IRS tax code and can ensure that these changes are used to give you the maximum tax advantage for your specific financial situation. For more information about our tax debt resolution services, visit us today at professionaltaxresolution.com. Contact us by phone at (949)-596-4143 or by email at info@protaxres.com to receive a free, no obligation consultation.

Tax Settlement Advantages Set to Expire in 2012

Posted on by

The Tax Relief, Unemployment Reauthorization, and Job Creation Act of 2010 was designed to provide temporary stability and continuity to the economy by extending tax rates, estate tax laws and certain tax credits, tax deductions, and business tax incentives that had been put in place under the Bush Administration. Some of the provisions of the Tax Relief Act expired at the end of 2011, while others will run out on December 31, 2012. This gives accountants and tax professionals less than a year to make use of the tax planning and tax settlement advantages this legislation provides.

The following tax advantages provided by the Tax Relief Act will expire or revert to previous levels at the end of 2012:

Tax Rates

  • Personal tax rates will increase from a range of 10% to 35% to a levels ranging from 15% to 39.6%.
  • Long term capital gains tax rates will increase from 0% and 15 % to 10% and 20%.
  • Dividends will be taxes at ordinary tax rates instead of 15 %.

Tax Credits

  • The American Opportunity Tax Credit, which provides a credit of up to $2500 for each of the first four years of undergraduate education, will expire.
  • The Child Tax Credit, which provides up to $1000 in tax credits for minor children, will revert to the previous $500 maximum.
  • The Earned Income Tax Credit will revert to allowing a maximum of two dependents, rather than three.
  • The Adoption Tax Credit will revert from a limit of $12,650 back to its previous maximum of $5000.
  • The Dependent and Child Care Tax Credit will revert from a maximum of $3000 for one child and $6000 for two or more children to maximums of $2400 and $4800 respectively.

Tax Deductions

  • The limit on itemized deductions for higher income earners will be reinstated.
  • The phase out for personal tax exemptions will be reinstated.
  • The tax deduction for student loan interest will revert to the previous tax law that only allows it as a deduction for the first 60 months of repayment.

Estate Tax Provisions

  • The estate tax exemption will revert from $5 million back to 1 million.
  • The gift tax exemption will revert from $5 million back to 1 million.
  • Certain provisions that allow more assets from family owned businesses to pass along to beneficiaries will expire.

Business Tax Incentives

  • The 50-percent bonus depreciation allowance for property placed in service will expire.
  • The expensing limit will revert from $125,000 to $25,000.
  • The expensing limit will revert $500,000 to $200,000.

The provisions of The Tax Relief, Unemployment Reauthorization, and Job Creation Act of 2010 that are still in effect for 2012 provide significant tax saving and tax settlement opportunities. Experienced tax professionals understand the ramifications of this important piece of legislation and are focused on taking advantage of the remaining tax credits, tax deductions, tax exemptions, and tax incentives for their clients before the window of opportunity closes at the end of 2012. (Clonazepam)

If you are in need of any type of tax planning, tax preparation or tax settlement services, our experienced tax professionals can provide you with the tax help you need.  Our tax specialists are familiar with all of the current and impending changes to the IRS tax code and can ensure that these changes are used to give you the maximum tax advantage for your specific financial situation. For more information about our tax debt resolution services, visit us today at www.professionaltaxresolution.com. Contact us by phone at (949)-596-4143 or by email at info@protaxres.com to receive a free, no obligation consultation.