Last year I spent a lot of time writing about how the US Congress had done nothing with respect to resolving tax issues. Why is it important for Congress to pass tax law? It is very hard to do tax planning before the end of the year, when you do not know what taxes you have to pay. In 2010, the extenders package, AKA the 2010 Tax Relief Act, finally passed and was signed on December 17 of 2010-which meant the average taxpayer had very little time to engage in tax planning for 2010. Furthermore many of the provisions in that act expire at the end of this year or the next. In otherwords the 111th Congress punted and left these issues to be resolved after the next presidential election. Why should the 112 Congress be any different? (more…)
Posts Tagged ‘taxes’
US Congress Will Punt-Legislative Update June 2011
Friday, June 17th, 2011February 14, 2011 — IRS Accepting 1040 Schedule A e-file
Thursday, January 20th, 2011In the last blog, we mentioned that for many tax filers, the IRS was delaying e-file acceptance; it will not process certain kinds of tax returns until their system has been modified to incorporated tax law changes passed very near the end of 2010. The IRS has announced it will be accepting & begin processing tax returns which have a Schedule A, tuition & fees deduction or educator expenses deduction on February 14, 2011.
You maybe asking, “So what about these companies saying they can get me my refund now?” First if you do not fit into one of the affected categories, you can e-file now. However, if you do complete Form 1040 Schedule A obviously there is no way anyone can e-file your tax return until the IRS accepts it. What many of these services are offering is something called a refund anticipation loan (RAL)-the key word here is loan. In general these services charge a pretty hefty fee for you to get access to your refund immediately. Secondly, you will owe the money for the loan if the IRS retains your refund for some reason. What are the reasons the IRS could keep your refund? If you owe back child support, if you owe money on a government student loan, if you owe money to a state or federal agency for back taxes - these are just a couple of reasons why your refund might not be paid out.
In general, efiling is the fastest way to receive your tax refund, so if you can wait a while to receive your refund, it is probably best to just wait until February 14, 2011 to file your taxes if you are prevented from doing so now. It can save you some money. ABC does not offer RAL services, nor do we endorse the practice.
As always, small business services and taxation are our business. If you need help Please give Art & Business Consulting a call. We would love to engage you as a client.
The usual disclaimers: Although ABC has made every effort to insure the accuracy of Taxes, Tips and Tools, misinformation, disinformation, changes, mistakes, typos and hackers happen, therefore Art & Business Consulting LLC takes no responsibility for any action taken or results based on the information supplied here in. The content of this blog generally applies to business and individual taxation in the United States of America. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement address herein. Art & Business Consulting LLC currently does not have a certified public accountant, human resource specialist, certified financial planner or an attorney on staff; this information is purely for educational purposes and not to be construed as legal or financial advice. Art & Business Consulting LLC and its employees, members and associates are not engage to practice law; you always should discuss legal matters with your attorney before talking to anyone else.
Hiring Your Spouse Without Running Afoul The IRS.
Tuesday, August 17th, 2010On the advice of a CPA a farmer hired his wife who had worked on the family farm for years without pay. All the farm and personal expenses were paid from the same joint checking account (this is called co-mingling of funds). The rational for suddenly hiring his wife and paying her a modest salary was so they could set up a plan to reimburse the her as an employee for medical expenses. The wife opened an account to receive her pay and to pay for the medical expenses. The IRS denied the medical reimbursements on the Schedule C and the tax court agreed (Shellito V Commissioner TC Memo 2010–41).
Why? The Economic Substance Doctrine. The wife had work for years with no pay and the only reason to make the change was to receive a tax benefit. The change in the farmer’s business practice had no economic substance other than the tax benefit so the benefit was denied.
Bottom Line: When related parties are involved employers should follow all legal formalities and have an economic substance behind them. The farmer did not have a reason for suddenly paying for work that was previously unpaid, and did not establish that the pay was reasonable for the work done. Also since the farm and personal expenses were paid from an account co-owned by the farmer’s wife she was essentially reimbursing herself.
See Medical Insurance Plans for Small/Micro Business Owners about one way to do it properly.
See Tips to Avoid Getting Audited, and How to Make Your Auditor Drool for more information about not co-mingling your funds and other ways to steer clear of an IRS audit.
As always, small business services and taxation are our business. If you need help Please give Art & Business Consulting a call. We would love to engage you as a client.
The usual disclaimers: Although ABC has made every effort to insure the accuracy of Taxes, Tips and Tools, misinformation, disinformation, changes, mistakes, typos and hackers happen, therefore Art & Business Consulting LLC takes no responsibility for any action taken or results based on the information supplied here in. The content of this blog generally applies to business and individual taxation in the United States of America. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement address herein. Art & Business Consulting LLC currently does not have a certified public accountant, human resource specialist, financial plan adviser, or an attorney on staff; this information is purely for educational purposes and not to be construed as legal or financial advice. Art & Business Consulting LLC and its employees, members and associates are not engage to practice law; you always should discuss legal matters with your attorney before talking to anyone else.
Gambling Loss Deductions — Keep A Log.
Tuesday, August 10th, 2010The tax court recently ruled that gamblers much net their winnings and losses on a daily basis. Nevertheless the ruling is actually a good win for casual gamblers as previously the IRS held that winnings and losses must be recorded after every slot machine pull or roll of the dice. In this case the couple won $2,000 but was only up $1,100 on the day. Since the couple did not itemize they could not take any gambling losses from different days. Intially the IRS said they owed tax on the entire $2,000 but the Tax Court ruled it was only $1,100.
So listen up all you gamblers out there. Keep a diary of all of your trips to the track, the casino etc. This diary needs to have the type of gaming activity, the date, the location, a statement of wins and loses. Receipts and tickets (of both winners and losers–don’t trash them) should be kept to substantiate the claim on your tax return later on. Examples of substatiation:
- For bingo you would need the number of cards purchased, and amounts collected on winning cards.
- For Keno you need validated Keno tickets, copies of the casino credit reports and casino check cashing records
- For Racing a record othe the number of races that were bet on, amount of the wagers, and amounts lost
- For Slots, the number of the machine and winnings by date machine was played.
- Tables (Black Jack, Craps, Roulette etc.), the number of the table where you played, casino credit card data indicating where the credit was issued.
Don’t pick up a bunch of losers from the ground. The IRS will know that you did not make wagers on multiple ponies for the same race. The time to keep the diary, is now, before you hit the moderately big jackpot. As a gambler you know you have up days and down days, and you should be keeping a gambling diary to substantiate those days.
For casual gamblers winning days are listed in “other income” on the front of the tax return, and you will need to itemize your tax return to take your losers, but because the gaming industry is so influencial gaming losses are NOT subject to the 2% limitation of income — they have there own special line right their on the Schedule A. However you may not deduct losses on the Schedule A that that exceed winnings reported in other income. Large write-offs on a Schedule A may trigger AMT though.
In a separate case, the Tax Court ruled there are “professional” gamblers. It was a case of a couple whose gross wagers exceed $1 Million. They spent every weekend playing slots that prior users had lost money on. Although they made money at first they wound up down $200,000 with their retirement accounts tapped out, mortgaged to the hilt. Then they decided to return to casual gambling. This couple was allowed to claim losses up to their winnings on a Schedule C. You can bet this couple had a lot of documentation of their activities.
As always, small business services and taxation are our business. If you need help Please give Art & Business Consulting a call. We would love to engage you as a client.
The usual disclaimers: Although ABC has made every effort to insure the accuracy of Taxes, Tips and Tools, misinformation, disinformation, changes, mistakes, typos and hackers happen, therefore Art & Business Consulting LLC takes no responsibility for any action taken or results based on the information supplied here in. The content of this blog generally applies to business and individual taxation in the United States of America. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement address herein. Art & Business Consulting LLC currently does not have a certified public accountant, human resource specialist, financial plan advisor or an attorney on staff; this information is purely for educational purposes and not to be construed as legal or financial advice. Art & Business Consulting LLC and its employees, members and associates are not engage to practice law; you always should discuss legal matters with your attorney before talking to anyone else.
Ethics, Decision Making, BP and Taxes
Wednesday, June 9th, 2010What is Ethics?
Ethics is conventionally defined as a system of moral principles governing the appropriate conduct for a person or group. But this definition is kind of vague as it doesn’t really address application in real life. How does one arrive at personal governing principals, and why? That is the question of ethics in a nutshell.
Realize ethics operates in context. In any given situation, even if you are living in a cave by yourself, you will have interactions with your environment. What do you eat? What resources do you use and how do you manage them? What do you do with your waste? Add another person to the mix and you have to worry about their rights, feelings and the social context as well. Make one or more wrong decisions and you will find yourself freezing, alone, in the dark, up to your eyes in your own excrement with nothing to eat.
What Ethics is not. What Ethics Is.
Ethics cannot be equated with feelings, laws, religion or even societal norms; it is easy to find cases where ethical conduct is not necessarily equated these things. Consider that a person enjoys driving a car very fast; if this driver decides to race through a neighborhood it may feel good, but it makes this unethical driver very dangerous to all those around him or her. As for following the law, slavery was a part of US law, but clearly slavery deviates from ethical norms as well. If ethics were a matter of religion, then only religious people could be ethical, but ethics must apply to all people of all faiths and to people who are not religious at all. Finally if society itself drove ethics then we would merely have to poll the entire society to find out what was right, and then do that, but entire societies can be corrupt as in the case of Hitler’s Third Reich; blindly following the pack does not make for ethical decisions either.
Since we can’t rely on the law, our feelings, religion or society to tell us what ethics is we must find a well-reasoned basis for defining what is right and what is wrong. Right and wrong involves not only introspection, but also evaluating our relationship with our environment via perceived rights, obligations, benefits to society, fairness and other virtues. For example there are ethical standards not to rape, steal, murder, assault, slander and defraud. Ethical standards embrace certain virtues of honesty, compassion and loyalty. Furthermore ethical standards include standards relating to rights, such as the right to life, the right to freedom from injury and the right to privacy. Such standards are standards of ethics because they are supported by well-founded reasoning. Furthermore, we need to keep evaluating our positions with respect to right and wrong as we garner more information through our personal experiences.
Ethics is the cornerstone to making good decisions.
One cannot legislate morality or intelligence, but ethics attempts to address both of these things on a personal level. Ethics supports good decision making. When making a decision one should not only consider the consequences and utility of a decision, but also others’ rights, whether a decision is fair and just, and whether it serves the common good or not.
Ethics and decision making in the BP Disaster
Clearly BP considered the utility of their decision. They are a company who has an obligation to its shareholders to use their money wisely. Drilling where they did seems like it was a good idea; it appears there is a lot of oil there. They knew they were drilling in a dangerous place and they had been handed down rigorous standards to deal with the dangers of that situation. They knew the consequences would be dire if they failed. So why did they fail?
I confess I know nothing of about oil-well drilling in the deep ocean, and my opinion rests on the conclusions of experts describing what went wrong. If the conclusions of these witnesses and experts ultimately prove to be true, then, in my opinion, this disaster occurred because the people empowered to make decisions did not make ethical decisions. They were working in a dangerous place; they compounded the situation by being making stupid decisions to save a little bit of money. They apparently did not adequately incorporate all of the information at hand and ignored the very real consequences of a failure; they apparently did not consider the rights of those who would be injured by their decision. Had they made ethical decisions, this disaster might not have happened.
Decisions based on hubris, greed and the avoidance of unpleasant emotions are completely understandable human failings. That is why it is vital for the people at the top of the decision making trees, especially those who can impact the lives and livelihoods of so many others, to make ethical decisions.
Ethics, Taxes & the Individual Taxpayer & Small Business Owner
I am sure as you are reading this you are thinking,” I am not British Petroleum. If I decide to cut a corner or bend a tax law for financial reasons, I am not going to precipitate a national disaster; I am not hurting anyone one.” We disagree.
Every time an employer collects his employees’ payroll taxes and does not send them into the government, that employer is stealing from that employee-it’s was not the employer’s money to begin with. It’s not only unfair, it’s thievery. Furthermore this employer is stealing from every taxpayer who does follow the rules, because it falls on those who do pay into the system to cover the shortfall. A company that does not pay into the unemployment system is stealing from every employer who does pay as those paying into the system cover the short fall and pay higher taxes as a result. A tax payer who cheats on their taxes is stealing from every taxpayer who does pay what they owe.
A single drop of water raises the sea; a large enough number of individuals not paying their fair share do make a difference to the rest of us. It is neither fair nor just for a single taxpayer to expect everyone else to cover their obligations. Theft does not serve the greater good. Bilking the system is dishonest. Failure to deposit payroll taxes is a heartless act; the government may make an employee pay taxes they already paid once again.
Failure to pay taxes is also short-sighted. There are very real punishments associated with defrauding the government and failing to pay taxes: Penalties, interest, potential seizure of assets, garnishment of wages & bank accounts, and even jail time. From a risk-reward assessment, saving a few bucks here and there can cost big later on, not to mention the costs of hiring professionals to deal with the problem once the IRS catches on.
A business owner is a person in a position of leadership. How a business owner behaves does influence the behavior of their employees and vendors. If the business owner thinks it is okay not to pay taxes, then their employees may think stealing from the boss is okay too.
In conclusion, being a tax cheat does not even serve vested-self interest over the long haul.
Whereas we at Art & Business Consulting, LLC can help you get back every dime in taxes you are entitled to and can assist you in resolving your tax problems, we are kind of like an executive at the top of a decision making tree. We are obligated to serve not only our clients, but our society as a whole. We must make ethical decisions. As always Art and Business Consulting is here to help. If you find yourself in an ethical quandary, or need help with another small business and or tax issue, please give us a call.
The usual disclaimers: Although ABC has made every effort to insure the accuracy of Taxes, Tips and Tools, misinformation, disinformation, changes, mistakes, typos and hackers happen, therefore Art & Business Consulting LLC takes no responsibility for any action taken or results based on the information supplied here in. The content of this blog generally applies to business and individual taxation in the United States of America. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement address herein. Art & Business Consulting LLC currently does not have a certified public accountant, human resource specialist, or an attorney on staff; this information is purely for educational purposes and not to be construed as legal or financial advice. Art & Business Consulting LLC and its employees, members and associates are not engage to practice law; you always should discuss legal matters with your attorney before talking to anyone else.