A flat tax on income would tax all individual income at the same rate. At a 15% rate, a person making $10,000 would pay $1,500 in taxes and a person making $100,000 would pay $15,000. Current proposals would eliminate income taxes on capital gains and dividends (so it isn't really the same tax rate on ALL income).
It is more fair than the current system - only if you agree that tax burden should be shifted from the wealthiest 10% or so of taxpayers to everyone else. Of the taxpayers who paid tax in 2012, those with AGI under $50,000 (90,812,022 returns) had 1.8% of total net taxable gains while those with AGI of a $1,000,000 or more (392,850 returns) had 73.5% of those gains. The flat tax would have eliminated taxes on almost $455 billion of capital gains realized by the very wealthy (about $1,158 per tax return and on $11.4 billion of capital gains on the under $50,000 taxpayers (about 12 cents per return). The division of taxable dividends is not quite as extreme: About 7.8% were received by taxpayers with AGI between $1 and $50,000 while 52.0% were received by taxpayers with AGI of a $1,000,000 or more.
Here are some other comparisons. 28.9% of the educator expense deductions were taken on tax returns with AGI of under $50,000 while almost none were taken by those with AGI of $1,000,000 or more. 58.2% of the total student loan interest deductions were taken by taxpayers with AGI under $50,000 while those over $1,000,000 deducted nothing (due to the AGI related phase out).
It is simpler than the current system - because it eliminates tax breaks such as home mortgage interest and real estate tax deductions, charitable contribution deduction, education credits and deductions, dependent care and child credits, and more. I've seen no suggestion that businesses would lose all their deductions and credits therefore that part of the tax code, with all its complexities, would remain.
The overwhelming majority of the complexity affecting individual tax returns provide tax savings; because of phase outs based on AGI, much of that savings is enjoyed by taxpayers with AGI under $100,000 or so.
Anyone who thinks a flat tax would remain simple needs a reality check. Just look at what Congress has done with the current income tax law during the last 2 or 3 decades. A flat tax might not even begin very simple because of the lobbying efforts of those negatively affected by elimination of home mortgage interest and real estate tax deductions, charitable contribution deduction, education credits and deductions, dependent care and child credits, and more.
The IRS would be eliminated - not true. It might be renamed but a tax collection agency would continue to exist. Those parts of the IRS needed to enforce business related parts of the Internal Revenue Code would remain unchanged.
It would reduce fraud - Ha! Crooks are crooks. Crooks will still cheat on their taxes. Most of the dollar cost of income tax fraud today comes from failing to report taxable income. Phony deductions and credits pale in comparison.
A flat tax would stimulate the economy here like it did in Eastern Europe - Some former members of the Soviet Union, primarily Baltic countries, did adopt a flat tax and did enjoy initial economic growth. Whether that growth was a result of a flat tax regime or because of suddenly having a free more capitalistic economy is open to debate. In any event, those countries’ economies are now no better, perhaps worse, than other countries.
In short, the benefits claimed for a flat tax are unlikely to occur, certainly for no significant length of time. The costs include the significant economic dislocation (job migration and price fluctuations are two examples) that would accompany any significant change in a tax regime. All the costs of having a flat income tax easily outweigh the mostly non-existent benefits.
Income tax information came from the IRS at http://www.irs.gov/uac/SOI-Tax-Stats-Individual-Income-Tax-Return-Form-1040-Statistics.
Showing posts with label IRS. Show all posts
Showing posts with label IRS. Show all posts
Friday, November 7, 2014
Monday, August 25, 2014
Costs and Benefits - the IRS Budget
I know I'm frustrated with long wait times when calling the IRS on behalf of a client. I'm confident that my colleagues in the tax preparation industry are as well. John Koskinen, Commissioner of the Internal Revenue Service has a suggestion for us and anyone else who has waited on hold for 2 or 3 or more hours to get a question answered or an issue resolved. Accounting Today says that advice is "to call their member of Congress."
As noted by the Commish, a 1% decline in tax compliance costs $30 billion in revenue. The IRS budget is $11 billion. Congress continually piles on the IRS work load (not just the ACA but every new complexity to the tax law) while cutting the IRS budget. Koskinen was also quoted in the Washington Post stating that every additional $1 budgeted for tax enforcement yields $4 of additional revenue.
Poorer service and decreased tax revenues causes the phrase "penny wise and pound foolish" to come to mind.
I agree with Commissioner Koskinen's advice. If you don't like incredibly long telephone wait times or if you don't like tax cheats getting away with their lawlessness, then call or write your Representative in Congress.
As noted by the Commish, a 1% decline in tax compliance costs $30 billion in revenue. The IRS budget is $11 billion. Congress continually piles on the IRS work load (not just the ACA but every new complexity to the tax law) while cutting the IRS budget. Koskinen was also quoted in the Washington Post stating that every additional $1 budgeted for tax enforcement yields $4 of additional revenue.
Poorer service and decreased tax revenues causes the phrase "penny wise and pound foolish" to come to mind.
I agree with Commissioner Koskinen's advice. If you don't like incredibly long telephone wait times or if you don't like tax cheats getting away with their lawlessness, then call or write your Representative in Congress.
Thursday, July 24, 2014
Tax Implications of Bitcoins
Back on March 25 the IRS
issued IR-2014-36 entitled “IRS Virtual Currency Guidance : Virtual
Currency Is Treated as Property for U.S. Federal Tax Purposes; General
Rules for Property Transactions Apply.”
The title pretty much says it all. Virtual currency, of which Bitcoins are a well-known example, is treated like regular currency although not legal tender in the U.S.
“General tax principles that apply to property transactions apply to transactions using virtual currency. Among other things, this means that:
If you invest in a virtual currency, like Bitcoins, when you sell that investment you will have a capital gain or loss.
The full text of Notice 2014-36 is available as a PDF file here.
If you have questions about this or any other tax issue, give me a call (804-745-7157) or send me an email (bill@hollandbrowncpa.com).
The title pretty much says it all. Virtual currency, of which Bitcoins are a well-known example, is treated like regular currency although not legal tender in the U.S.
“General tax principles that apply to property transactions apply to transactions using virtual currency. Among other things, this means that:
- Wages paid to employees using virtual currency are taxable to the employee, must be reported by an employer on a Form W-2, and are subject to federal income tax withholding and payroll taxes.
- Payments using virtual currency made to independent contractors and other service providers are taxable and self-employment tax rules generally apply. Normally, payers must issue Form 1099.
- The character of gain or loss from the sale or exchange of virtual currency depends on whether the virtual currency is a capital asset in the hands of the taxpayer.
- A payment made using virtual currency is subject to information reporting to the same extent as any other payment made in property.”
If you invest in a virtual currency, like Bitcoins, when you sell that investment you will have a capital gain or loss.
The full text of Notice 2014-36 is available as a PDF file here.
If you have questions about this or any other tax issue, give me a call (804-745-7157) or send me an email (bill@hollandbrowncpa.com).
Tuesday, April 17, 2012
Tax Season and Tax Audits
Today marks the "official" end of busy season for most CPA firms and other tax professionals. Now all we have to do is deal with returns our clients agreed needed to be extended. Since those extensions are for six months, there will be another mini-busy season ending on October 15th.
Returns get extended for a number of reasons, most of them related to missing information that should be provided to our clients by partnerships, small business corporations (S-corps) and investment managers. Procrastination being what it is, many of those returns will not be completed until this autumn.
Another source of business for tax practitioners is IRS audits. Tax audits are most often handled by mail and are, reasonably enough, called correspondence audits. The IRS sends a letter to the taxpayer (called a CP2000 or 30-day letter) informing the taxpayer that he, she or they failed to include some income on their tax return of a recent year and assessing taxes, interest and penalty for that omission. The taxpayer has 30 days to respond. If the taxpayer doesn't respond, a 90-day letter is issued. At that point, the taxpayer has 90 days to resolve the issue with the IRS or to file a petition with the United States Tax Court.
Too many people respond by writing a check. If the amount is significant, don't do that. The amount the IRS wants is often more than the taxpayer owes. For example, suppose you bought some stock a few years ago and paid $3,000. In 2010, you sold that stock for $2,000 but forgot to report the sale on your tax return. When the IRS notices, they will send you a bill for back taxes on the full $2,000 as if it were ordinary income -- about $500 for most people plus a year's interest ($15) and penalties ($15 minimum, maybe another $100 for being negligent) for a total of as much as $630. However, instead of owing more taxes, this taxpayer is owed a refund for the missing $1,000 capital loss ($150 to $250 for most people). That's a swing of over $780 to $880. And, that is why, when the IRS says you owe more money, you should seriously consider hiring a tax professional (Certified Public Accountant or Enrolled Agent) to resolve the issue, particularly when you know there are unreported costs associated with that income you forgot to report.
Correspondence audits are sent out year round. More detailed audits tend to occur more often in the summer and fall when either the taxpayer is invited to the IRS office (an office audit) or the IRS visits the taxpayer (usually a business) at the taxpayer's location. In both cases, the taxpayer should engage the services of a tax professional to represent his or her interests.
Again, the IRS has ways of learning about income you may have omitted from your tax return. They don't have a way of determining the deductible costs you incurred creating that income. Do not automatically write a check but, also, do NOT ignore correspondence from the IRS. Deal with it and deal with it by the specified deadline.
Returns get extended for a number of reasons, most of them related to missing information that should be provided to our clients by partnerships, small business corporations (S-corps) and investment managers. Procrastination being what it is, many of those returns will not be completed until this autumn.
Another source of business for tax practitioners is IRS audits. Tax audits are most often handled by mail and are, reasonably enough, called correspondence audits. The IRS sends a letter to the taxpayer (called a CP2000 or 30-day letter) informing the taxpayer that he, she or they failed to include some income on their tax return of a recent year and assessing taxes, interest and penalty for that omission. The taxpayer has 30 days to respond. If the taxpayer doesn't respond, a 90-day letter is issued. At that point, the taxpayer has 90 days to resolve the issue with the IRS or to file a petition with the United States Tax Court.
Too many people respond by writing a check. If the amount is significant, don't do that. The amount the IRS wants is often more than the taxpayer owes. For example, suppose you bought some stock a few years ago and paid $3,000. In 2010, you sold that stock for $2,000 but forgot to report the sale on your tax return. When the IRS notices, they will send you a bill for back taxes on the full $2,000 as if it were ordinary income -- about $500 for most people plus a year's interest ($15) and penalties ($15 minimum, maybe another $100 for being negligent) for a total of as much as $630. However, instead of owing more taxes, this taxpayer is owed a refund for the missing $1,000 capital loss ($150 to $250 for most people). That's a swing of over $780 to $880. And, that is why, when the IRS says you owe more money, you should seriously consider hiring a tax professional (Certified Public Accountant or Enrolled Agent) to resolve the issue, particularly when you know there are unreported costs associated with that income you forgot to report.
Correspondence audits are sent out year round. More detailed audits tend to occur more often in the summer and fall when either the taxpayer is invited to the IRS office (an office audit) or the IRS visits the taxpayer (usually a business) at the taxpayer's location. In both cases, the taxpayer should engage the services of a tax professional to represent his or her interests.
Again, the IRS has ways of learning about income you may have omitted from your tax return. They don't have a way of determining the deductible costs you incurred creating that income. Do not automatically write a check but, also, do NOT ignore correspondence from the IRS. Deal with it and deal with it by the specified deadline.
Thursday, April 5, 2012
Audit Protection Racket
Someone might ask, "Hey, Bill, why don't you get into the audit protection racket?" Because it's a racket, I would reply.
On average, 3% or so of the tax returns filed in a year are audited. Averages are deceiving. If all your income is from W-2s, interest and dividends then your chances of being audited are probably immeasurably small (not counting those notifications by mail that you left out the interest reported on a 1099).
So what about these outfits offering "audit protection?" They claim for a low monthly fee that they will represent you if you're audited by the IRS. For example, one of them offers four plans, the 2nd lowest cost one being what they call their "Premium" plan. If you're audited, you get up to 20 hours of a professional's time to deal with the IRS on your behalf. To get that "protection," you pay $12.95 per month.
Let's do what accountant's do. Let's run the numbers. Let's assume that 100 people buy that "Premium" coverage which means the provider takes in $1295 per month or $15,540 per year. A generous assumption would be that 2 of those returns would be audited during the year. The audits I've handled required 4 or 5 hours of my time but let's assume the average here is 7 hours and the provider's hourly cost including direct overhead items is $300 per hour. That means $4,200 go out. Gross profit on the year from those 100 suc... er .. clients is over $11,000.
Each individual pays about $155 per year for "audit protection" (but see below). If the taxpayer passed on this deal and just hired a CPA or EA if and when he/she were actually audited, the cost would probably be less than $2,000 and often a lot less. You would have to be audited about every 12 years, about four times the average, to be money ahead on this deal.
Besides 20 hours of audit defense time and 60 minutes of telephone time, the "Premium" package also says you get $5,000 of "Audit Protection." What is that? I'll tell you what the seller wants you to think. They want you to think they will pay the first $5,000 of any balance due if you get audited. Don't think that because it is NOT true. If you dig into the membership agreement you learn that $5,000 is the maximum value of the services they will provide you if you're audited.
In general, the IRS has three years to audit a properly filed tax return. If you filed your 2008 tax return on or before the April 15th 2009 due date, the IRS has until April 17th of this year to initiate an audit (unless you failed to report a bunch of income in which case they have until April 15, 2015). For most situations, if your 2008 return was going to be audited you would have found out about it in 2010 or 2011 at the latest.
Here's another gotcha. The membership agreement defines "covered return" as "a tax return for a single tax year in which the member was active and in good standing with us and at the time of such Internal Revenue Service Audit the member was and is currently an active member in good standing." What does that mean if you joined up today? First, it means tax years occurring before you joined aren't covered. You didn't join in 2011 so 2011 and earlier years aren't covered. Second, even though 2012 would apparently be covered you have to maintain your membership until that year is actually audited or you're not covered after all. So, scratch that $155 above. It's really going to cost you about $310 to have 2012 covered and you probably won't be audited anyway.
There you have it. These guys are offering a better deal (for themselves) then selling extended warranties on electronic goods or running a casino.
One more thing, these audit protection outfits have a very poor track record of actually providing the promised services to their clients that are actually audited. You pay your money, you get audited, you inform your audit protection company, they do nothing, the IRS hasn't heard from you or anyone else and concludes you're a scofflaw, you pay the IRS even more than the original assessment, the racketeer goes on to the next victim.
Audit Reports on the IRS - the not perfect and the pretty bad
The Treasury Inspector General for Tax Administration (TIGTA) has issued two press releases dealing with IRS operations. The first, issued on April 3, is headlined, "IRS Computer Security Center Effective, Could Be Better." The problems with Computer Security Incident Response Center (CSIRC) include the "host-based intrusion detection system is not monitoring 34 percent of IRS servers, which puts the IRS network and data at risk." Overall, though, CSIRC is described as "effectively performing most of its responsibilities for preventing, detecting, and responding to computer security incidents." And, "The IRS agreed with the recommendations and corrective actions are planned or in process for five of the six recommendations." The press release is here and the audit report is here.
The 2nd press release, issued today, is not so favorable. "TIGTA Finds IRS Designated Payment Codes Inaccurate and Ineffective." The IRS is supposed to keep track of payments from tax payers in a manner that allows appropriate people within the IRS to later determine what a payment was for. This is important when determining what additional collection actions may (or may not) need to be taken. Designated Payment Codes (DPCs) are supposed to be used to provide that information when the payment is related to an IRS enforcement action. "TIGTA reviewed a statistical sample of 138 subsequent payments that posted to taxpayer balance due accounts. Auditors determined that 106 (77 percent) of the 138 subsequent payments were processed without the required DPC. In addition, 11 (34 percent) of the 32 subsequent payments that had a DPC were not accurate." 138 may not sound like a large sample but if it was randomly selected from even a very large population, then it probably gives a good picture of that population. Part of the problem is the IRS does not have DPCs for many payment types and the procedures for applying DPCs are inconsistant. The press release conclusion states, "TIGTA made five specific recommendations to encourage the IRS's more consistent and accurate use of DPCs. IRS management disagreed with TIGTA's findings and recommendations and said they plan to complete their own review of DPCs. TIGTA noted that the IRS has already completed an internal study and did not use its results due to concern over its reliability. The IRS took no further action except to initiate another study." The press release is here and the audit report is here.
There have been enough horror stories about computer systems being hacked into for people to understand threats implied in the April 3 press release. Not coding payments correctly may not be seen as that big a deal -- until you make a payment and the IRS says you didn't because they couldn't code it properly. Sure, the problem gets worked out eventually but not until you (or your accountant) have spent a lot of time proving you did what you said you did.
Taxpayers can maximize the chances of receiving proper credit for a payment by following the related instructions. Send the payment to the correct address. Include any required documentation. Indicate on the memo line of the check what the payment is for.
For what it's worth, this statement caught my eye. "... the IRS has already completed an internal study and did not use its results due to concern over its reliability. The IRS took no further action except to initiate another study." One definition off irrational behavior is doing the same thing over again and expecting a different outcome. I guess (or hope) the second study is being conducted differently from the first.
The 2nd press release, issued today, is not so favorable. "TIGTA Finds IRS Designated Payment Codes Inaccurate and Ineffective." The IRS is supposed to keep track of payments from tax payers in a manner that allows appropriate people within the IRS to later determine what a payment was for. This is important when determining what additional collection actions may (or may not) need to be taken. Designated Payment Codes (DPCs) are supposed to be used to provide that information when the payment is related to an IRS enforcement action. "TIGTA reviewed a statistical sample of 138 subsequent payments that posted to taxpayer balance due accounts. Auditors determined that 106 (77 percent) of the 138 subsequent payments were processed without the required DPC. In addition, 11 (34 percent) of the 32 subsequent payments that had a DPC were not accurate." 138 may not sound like a large sample but if it was randomly selected from even a very large population, then it probably gives a good picture of that population. Part of the problem is the IRS does not have DPCs for many payment types and the procedures for applying DPCs are inconsistant. The press release conclusion states, "TIGTA made five specific recommendations to encourage the IRS's more consistent and accurate use of DPCs. IRS management disagreed with TIGTA's findings and recommendations and said they plan to complete their own review of DPCs. TIGTA noted that the IRS has already completed an internal study and did not use its results due to concern over its reliability. The IRS took no further action except to initiate another study." The press release is here and the audit report is here.
There have been enough horror stories about computer systems being hacked into for people to understand threats implied in the April 3 press release. Not coding payments correctly may not be seen as that big a deal -- until you make a payment and the IRS says you didn't because they couldn't code it properly. Sure, the problem gets worked out eventually but not until you (or your accountant) have spent a lot of time proving you did what you said you did.
Taxpayers can maximize the chances of receiving proper credit for a payment by following the related instructions. Send the payment to the correct address. Include any required documentation. Indicate on the memo line of the check what the payment is for.
For what it's worth, this statement caught my eye. "... the IRS has already completed an internal study and did not use its results due to concern over its reliability. The IRS took no further action except to initiate another study." One definition off irrational behavior is doing the same thing over again and expecting a different outcome. I guess (or hope) the second study is being conducted differently from the first.
Wednesday, April 4, 2012
TaxMasters
The ads are typical and grossly misleading. "Settle your IRS debts for pennies on the dollar." Yeah, right, 98 pennies on the dollar.
A couple of weeks ago, one of the better known (advertising does work) of these outfits filed for bankruptcy, "just as it was preparing to head to court to defend itself from charges of deceptive practices leveled by the Texas attorney general." Now, the verdict is in. A Texas jury as decided that TaxMasters has to pay $195 million in restitution and civil penalties. It remains to be seen whether anyone will face criminal charges.
In fact, if you've been hit with an IRS assessment for back taxes, interest and penalties then you probably should engage a tax professional to represent you. For administrative appeals within the IRS (the usual first step) an Enrolled Agent (EA) or Certified Public Accountant (CPA) can provide the assistance you need. If you're going to court, then an attorney will be required.
Those IRS assessments are often wrong, at least in part, and a tax pro can help identify those errors. Even if the IRS is correct on the amount of taxes owed, it is still often possible to get penalties removed or reduced if your true story is good enough. In short, do not blindly assume the IRS is correct and send them a check. Get help FIRST.
There are plenty of local CPAs, EAs and tax attorneys who can help you if you have tax problems with the IRS. You do not need to go online to hire some outfit in Texas, Nevada, Tennessee or Kansas.
A couple of weeks ago, one of the better known (advertising does work) of these outfits filed for bankruptcy, "just as it was preparing to head to court to defend itself from charges of deceptive practices leveled by the Texas attorney general." Now, the verdict is in. A Texas jury as decided that TaxMasters has to pay $195 million in restitution and civil penalties. It remains to be seen whether anyone will face criminal charges.
In fact, if you've been hit with an IRS assessment for back taxes, interest and penalties then you probably should engage a tax professional to represent you. For administrative appeals within the IRS (the usual first step) an Enrolled Agent (EA) or Certified Public Accountant (CPA) can provide the assistance you need. If you're going to court, then an attorney will be required.
Those IRS assessments are often wrong, at least in part, and a tax pro can help identify those errors. Even if the IRS is correct on the amount of taxes owed, it is still often possible to get penalties removed or reduced if your true story is good enough. In short, do not blindly assume the IRS is correct and send them a check. Get help FIRST.
There are plenty of local CPAs, EAs and tax attorneys who can help you if you have tax problems with the IRS. You do not need to go online to hire some outfit in Texas, Nevada, Tennessee or Kansas.
Thursday, March 15, 2012
Check out those charitable organizations
The IRS has announced, in News Release 2012-34, the creation of an online search tool to get information about exempt organizations. Unfortunately, if all you have is the name, this might not be too useful. A search for "American Red Cross" yielded 21,146 hits and "American Cancer Society" yielded 34,931. Unfortunately, adding Atlanta, GA (the location of its headquarters) to the ACS search still provided 130 hits. The ACS was 4th on that shorter list but what if it had been 97th?
Maybe you better get its tax ID number from any charitable organization you have doubts about. A search with that number should yield one hit.
The search tool itself is accessible here.
Maybe you better get its tax ID number from any charitable organization you have doubts about. A search with that number should yield one hit.
The search tool itself is accessible here.
Sunday, March 4, 2012
Yet Another Tax Refund Scam
On March 2 the IRS issued a warning of a scam involving the American Opportunity Tax Credit. This credit is available for certain qualified education costs but the scammers falsely assert the credit is available for some, usually seniors, who have not recently enrolled in or paid for college. Full details are available here on the IRS web site.
Be aware that the IRS does not initiate contact with taxpayers by email. Be wary of any tax "idea" that sounds to good to be true.
Be aware that the IRS does not initiate contact with taxpayers by email. Be wary of any tax "idea" that sounds to good to be true.
Thursday, November 17, 2011
Scams Using IRS as Bait
The Internal Revenue Service and others continue to report on various schemes directed at persuading people to reveal personal information in the mistaken belief that are responding to an IRS request.
Here is a simple fact.
THE INTERNAL REVENUE SERVICE DOES NOT USE EMAIL TO INITIATE CONTACT WITH TAXPAYERS.
If you get an unexpected email from the IRS, forward it to phishing@irs.gov, then delete it.
I have heard is at least one report that con artists are sending phony requests for personal information through the U.S. Postal Service on the pretext of being from the IRS. Be careful.
Note also that the IRS web domain is www.irs.gov. The web address that has .org instead of .gov does NOT belong to the IRS. It is a fraud.
Here is a simple fact.
THE INTERNAL REVENUE SERVICE DOES NOT USE EMAIL TO INITIATE CONTACT WITH TAXPAYERS.
If you get an unexpected email from the IRS, forward it to phishing@irs.gov, then delete it.
I have heard is at least one report that con artists are sending phony requests for personal information through the U.S. Postal Service on the pretext of being from the IRS. Be careful.
Note also that the IRS web domain is www.irs.gov. The web address that has .org instead of .gov does NOT belong to the IRS. It is a fraud.
Subscribe to:
Posts (Atom)