IRS Regulations and Scam Alerts

This topic covers the latest news and updates from the IRS, including recent tax regulations, adjustments to tax brackets, and standard deductions. It highlights various tax scams, such as IRS impersonation schemes, phishing attempts, and fraudulent tax preparation services, providing tips on how to avoid them. Additionally, it includes information on tax credits, deductions, and payment plans, offering practical advice for taxpayers to navigate the complexities of tax season safely and effectively.

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Benchmark mortgage rate exceeds 6% for first time since 2008

Buying a home just got even more expensive.

Freddie Mac reports that by its measure, the average fixed-rate 30-year mortgage rate is above 6% for the first time in 14 years, at the start of the financial crisis. Freddie Mac’s Primary Mortgage Survey puts the average rate this week at 6.02, double what it was a year ago.

“Mortgage rates continued to rise alongside hotter-than-expected inflation numbers this week, exceeding 6% for the first time since late 2008,” said Sam Khater, Freddie Mac’s chief economist. 

According to Mortgage News Daily, other interest rate monitors have tracked mortgage rates above 6% earlier this year. Most recently, the publication put the average rate at 6.26% on September 1. Before that, the average rate rose well over 6% in June before settling slightly lower in July.

High rates make homes less affordable

The rise in mortgage rates this year is the main reason for a huge decline in home affordability. Last year, when the average rate was 3%, the monthly principal and interest payment on a $300,000 loan was $1,265. Today, at 6% the monthly payment is $1,799.

Khater says that will affect the housing market in many ways but maybe not the way many would-be buyers hope.

“Although the increase in rates will continue to dampen demand and put downward pressure on home prices, inventory remains inadequate,” Khater said. “This indicates that while home price declines will likely continue, they should not be large.”

Home prices may have to fall significantly to improve affordability with a mortgage rate north of 6%. In August the National Association of Realtors reported the median existing-home sales price was $403,800 – a decline of $10,000 from the month before. However, it was still nearly 11% higher than in July 2021.

Buying a home just got even more expensive.Freddie Mac reports that by its measure, the average fixed-rate 30-year mortgage rate is above 6% for the fi...

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Economic growth fell by 1.4% in the first quarter

The U.S. economy slowed in the first quarter of the year. The Commerce Department reports that Gross Domestic Product (GDP), the measure of all the goods and services in the U.S. economy, fell 1.4% between January and the end of March.

It took Wall Street by surprise since analysts expected growth of 1%. It also set off alarm bells in some quarters since the definition of a recession is two consecutive quarters in which the economy shrinks instead of grows.

So does that mean consumers should brace for a recession? Economist Joel Naroff, of Naroff Economics, doesn’t think so.

“The negative number is not greatly surprising, given growth since spring 2020,” Naroff told ConsumerAffairs. “What we had was an adjustment to the ending of stimulus and some belt-tightening due to inflation soaring.”

The trade deficit is a big factor

In fact, Naroff says the report actually underscores how well the U.S. economy is doing in comparison to the rest of the world.

“The most important fact is that the level of activity was so strong that the trade deficit soared, reducing growth by over 3 percentage points,” Naroff said. “The U.S. is doing a lot better than any other major country and that is showing in the import and export numbers.”

Naroff said the GDP might have been a positive number if the U.S. economy grew at a slower rate and the U.S. didn’t import as much. Faster growth by the rest of the world would have also made the GDP number look better.

Government spending also went down as the U.S. phased out some pandemic spending. That alone, Naroff says, reduced GDP by 0.5%. While many would say reducing government deficit spending is a good thing, it has the effect of slowing economic growth. 

However, defense spending is rising with the war in Ukraine, so government spending will likely be back up when the Commerce Department reports second-quarter GDP in July. In the meantime, Naroff says there isn’t a lot to be concerned about.

“The point is, the details don’t say the economy is in trouble,” he said. “Only that we are doing better than everywhere else, and that is not a negative.”  

The U.S. economy slowed in the first quarter of the year. The Commerce Department reports that Gross Domestic Product (GDP), the measure of all the goods a...

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Women's salaries are likely to drop after their first child, study finds

A new study conducted by researchers from Cornell University looked at what women should expect from their paychecks after having their first child. According to the findings, women’s salaries are likely to take a hit after giving birth. However, the team found that men don't experience the same loss in pay.

“The gender revolution has stalled, and women remain economically vulnerable,” said researcher Kelly Musick. 

Women’s earnings are subject to change

To better understand salary trends between men and women, the researchers analyzed tax data and information from the U.S. Census Bureau's Survey of Income and Program Participation Synthetic Beta group from the 1980s through the 2000s. 

In the earliest years of the dataset, women’s earnings dropped 13% after giving birth to their first children. While there was some improvement by the 2000s, the researchers said women experienced a 10% drop in pay by that time. The team explained that this trend was true regardless of how much money either women or men were earning prior to giving birth, as well as their level of education. 

“Across groups, wives become more financially dependent on their husbands after parenthood,” the researchers wrote. 

The team worries about what these findings mean for women’s financial freedom, especially after the COVID-19 pandemic and work and home responsibilities changed across the country. 

“The pandemic puts into sharp relief the pitfalls of our fend-for-yourself approach to managing work and family,” Musick said. “The pandemic also creates an opening for policymakers to build a stronger infrastructure of care and the success of that effort will shape gender inequalities in work and family in the decades to come.” 

A new study conducted by researchers from Cornell University looked at what women should expect from their paychecks after having their first child. Accord...

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IRS to require cryptocurrency investors to report transfers over $10,000

Cryptocurrency investors who think they’re out of Big Brother’s watchful eye just got a wake-up call. The U.S. Treasury Department has decided that digital investors will now have to report any transfer of $10,000 or more to the IRS.

The IRS has been quietly working on ways it can track taxpayers who own cryptocurrencies by examining digital currency exchanges such as Coinbase. Now, it’s making it known that it won’t allow cryptocurrency investors to evade their tax responsibilities. 

Outdated IRS systems lead to billions in tax losses

In the newly released American Families Plan Tax Compliance Agenda, the Treasury Department admitted that many tax compliance issues stem from problems with the IRS’ systems. The agency said these systems are rather antiquated, with code that’s 50 years old and “lacks the ability to do what more modern technology can do.”

“Further, noncompliance has been exacerbated by enhanced opportunities to shield income from tax liability, and even from audits. These opportunities are particularly available for those in the top end of the income distribution who can avoid taxes through sophisticated strategies such as offshoring, creating complex partnership structures, or moving taxable assets into the crypto economy.”

The Treasury Department’s proposal falls under President Biden’s tax compliance plan, an initiative that seeks to close the “tax gap” — the difference between what people owe in taxes and what they actually paid. In the Treasury Department’s analysis, that gap totaled roughly $600 billion in 2019 -- a dollar figure equal to 15% of taxes owed. If left as-is, it could rise to about $7 trillion over the course of the next decade. 

The Biden administration senses that cryptocurrency reporting could fill in part of that gap. As cryptocurrencies continue to grow in importance, the White House wants to make sure they’ve got that aspect covered. 

Not all that different from current regulations

In actuality, the new crypto reporting request is no different than what the IRS asks of taxpayers who make cash transactions of $10,000. 

“Although cryptocurrency is a small share of current business transactions, such comprehensive reporting is necessary to minimize the incentives and opportunity to shift income out of the new information reporting regime,” the Treasury Department reported.

Cryptocurrency investors who think they’re out of Big Brother’s watchful eye just got a wake-up call. The U.S. Treasury Department has decided that digital...

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Ethereum hits $4,000 value for the first time

If cryptocurrency investors were looking for a way to balance their Bitcoin holdings, they may have found the answer. Ethereum, the world’s second-most held cryptocurrency, shot up 7.43% in the last 24 hours -- taking it past the $4,000 value mark for the first time.

Bitcoin’s not going away, mind you. It currently holds 43.86% of the crypto market value, a decrease of 0.83% since yesterday, according to Coinmarketcap. However, the overall global crypto market cap saw a 2.63% increase since yesterday, sitting now at $2.46 trillion.

What’s the difference between Ethereum and bitcoin?

Unless you really get into the weeds of the cryptocurrency world, there isn’t much of a difference between Ethereum and Bitcoin for the common investor. The biggest differentiator comes from Ethereum’s use of “decentralized finance” (often referred to as DeFi). DeFi is a blockchain-based method of finance that doesn’t rely on central financial middlemen such as brokers or banks. Instead, it utilizes smart contracts on blockchains, the distributed computer system that underpins many cryptocurrencies. And guess what is the most common among those DeFi’ers? Ethereum.

Ethereum is also reaping rewards as non-fungible tokens, or NFTs. NFTs have become a digital darling in the past year, allowing digital files like art and sports memorabilia to be sold and auctioned online. 

Think before you leap

Ethereum may be at $4,000 now, but it’s had some serious roller coaster rides in the past and could again. In early 2018, the cryptocurrency’s price ballooned to nearly $1,500 but wound up under $100 by December 2018.

If all the Ethereum action has you thinking about buying some, make sure you do your homework. Whether it’s Bitcoin, Ethereum, or Dogecoin, there is still a high amount of volatility when it comes to holding cryptocurrency assets. Consider checking out ConsumerAffairs’ list of  Bitcoin IRA companies to connect with experts that can put you on the right path.

If cryptocurrency investors were looking for a way to balance their Bitcoin holdings, they may have found the answer. Ethereum, the world’s second-most hel...

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Biden to invest $80 billion in IRS to improve enforcement and crack down on tax evasion

Later this week, President Biden is expected to unveil a plan to give the Internal Revenue Service (IRS) an extra $80 billion and more authority to crack down on tax evasion among high-earners and large corporations. 

Biden believes the ten-year funding measure will increase revenue for the government by $780 billion or more and that it will help “level the tax playing field between typical American workers and very high-earners,” according to a New York Times report. 

Under the plan, the IRS would have increased power to conduct audits. New disclosure requirements would be put in place for people who own businesses that are not set up as corporations, as well as for high-income earners who could be shielding their income from the government in order to avoid taxation.

Boosting the IRS’ funding by $80 billion over a decade would represent an increase of two-thirds over the agency’s entire funding levels over the past decade. Economists and tax experts are lauding the plan as a way to potentially reverse years of lax IRS enforcement actions against large corporations and the rich. 

“The plan is good news for honest filers and businesses, the budget, and the rule of law,” Chye-Ching Huang, executive director of the Tax Law Center at N.Y.U. Law, told the Times. “Stopping tax cheats from having an unfair advantage helps honest businesses to compete and thrive.”

The proposal is part of Biden’s American Families Plan and is expected to be released before his address to Congress on Wednesday. 

Later this week, President Biden is expected to unveil a plan to give the Internal Revenue Service (IRS) an extra $80 billion and more authority to crack d...

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IRS offers tool to track your stimulus payment

If you’re wondering when you’ll receive your $600 stimulus payment, the Internal Revenue Service (IRS) requests that you don’t call the tax agency to ask. Instead, it has set up an online portal where citizens can track their payment, much like they do their tax refund.

The portal, part of IRS.gov, is called Get My Payment. At the site, you click on the Get My Payment link that will take you to a page where you enter identifying information.

Only go to the site by typing in the URL “IRS.gov” and do not click on links from email or other sources to reach it. Since you’ll be entering sensitive information, you can be sure that scammers will quickly try to lead people to fake web portals.

Once on the IRS’ main page, click on the link that says “Get My Economic Impact Payment” and follow the directions. The portal will provide useful information, such as:

  • That the IRS sent your second Economic Impact payment, also known as a stimulus payment, or when it is scheduled to be sent.

  • That it also sent your first payment. Some people received their first Economic Impact Payment in partial payments. If you received partial payments, the application will show only the most recent.

  • Your payment type: whether you’ll be paid by direct deposit or mail.

No need to call

Data is updated once per day overnight, so there's no need to check more than once per day, the agency said.

“Please do not call the IRS about the second stimulus payment; our phone assistors do not have additional information beyond what’s available here on IRS.gov and in the Get My Payment application,” the IRS said in a statement.

The federal government began issuing the second round of Economic Impact Payments last week after President Trump signed a $900 billion aid package. The IRS said the direct deposit payments may take several days to post to individual accounts. Some payments may have already shown up as “pending.” The funds became available Monday.

Taxpayers without a direct deposit history with the IRS will receive paper checks. They will continue to be sent during the month of January.

As with the first stimulus payment, sent out in the spring, some people will be mailed debit cards in January, and the IRS urges people to carefully check their mail. Mailed payments will require more processing and mailing time. 

Those who live outside the U.S. will have longer wait times for checks as disruptions to air travel and mail delivery in some countries will slow delivery.

If you’re wondering when you’ll receive your $600 stimulus payment, the Internal Revenue Service (IRS) requests that you don’t call the tax agency to ask....

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IRS extends deadline for filing to receive a stimulus payment

Congress is locked in debate over a second round of direct stimulus payments to Americans, but the Internal Revenue Service (IRS) is still trying to distribute money from the first round of payments that were included in the CARES Act.

The IRS has once again extended its deadline for filing to receive the $1,200 per adult payments to Nov. 21, a move that it said will help Americans who don’t normally file federal income tax returns. The first round of payments was distributed to taxpayers.

To make sure everyone who is eligible to receive a stimulus payment gets it, the IRS has set up an online portal here for people who don’t typically file a tax return and haven’t received a stimulus check, known as an economic impact payment. But you need to act quickly since the IRS says the tool won’t be available after Nov. 21.

“We took this step to provide more time for those who have not yet received a payment to register to get their money, including those in low-income and underserved communities,” said IRS Commissioner Chuck Rettig. 

Time is of the essence

Rettig says the tax agency is running out of time since it will soon be involved in the upcoming tax-filing season. He said the IRS won’t have the ability to manage stimulus payments after Nov. 21. 

Rettig stresses that the additional time is for Americans who don’t file a tax return. The remaining stimulus money is largely earmarked for this group of people. The IRS sent out nearly 9 million letters last month to people who may be eligible for the $1,200 economic impact payments but don’t normally file a tax return. 

“Time is running out for those who don’t normally file a tax return to get their payments,” Rettig said. “Registration is quick and easy, and we urge everyone to share this information to reach as many people before the deadline.”

Non-taxpayers were left out

When Congress passed the CARES Act, it based the stimulus payments on federal tax records. The IRS was given the task of distributing the funds because it already had a way to quickly send out the money. But that left out millions of Americans who don’t file tax returns.

While most eligible U.S. taxpayers have automatically received their stimulus money, others who don’t have a filing obligation are required to register with the IRS to receive their money. Typically, the IRS says, this includes people who receive little or no income -- people for whom $1,200 could make a big difference.

The IRS Non-Filers tool is specifically designed for people with incomes typically below $24,400 for married couples, and $12,200 for singles who could not be claimed as a dependent by someone else. This includes couples and individuals who are homeless.

Anyone using the Non-Filers tool can speed the arrival of their payment by choosing to receive it by direct deposit. Those not choosing this option will get a check.

Meanwhile,  Americans would receive another $1,200 stimulus payment under a $2.2 trillion aid package passed by Democrats in the House. However, Republicans have not agreed to support the package.

Congress is locked in debate over a second round of direct stimulus payments to Americans, but the Internal Revenue Service (IRS) is still trying to distri...

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IRS offers $625,000 reward to anyone who can create tracing tool for Monero cryptocurrency or the Lightning Network

If you could use a little extra cash, the Internal Revenue Service (IRS) is forking out a $625,000 bounty to anyone who can find a way to trace transactions on the privacy-focused cryptocurrency Monero or on the Lightning Network.

The IRS’ Criminal Investigation unit (IRS-CI) is on the prowl for “illicit actors” whose bread and butter is the use of privacy coins and networks that might be facilitating identify theft, narcotics trafficking, money laundering, terrorist financing, sex trafficking, and child prostitution. 

As an example, CoinTelegraph’s Joshua Mapperson notes that Monero is one of the virtual currencies preferred among criminal organizations over more traceable crypto assets like Bitcoin. Monero was also tied to the WannaCry Ransomware Attack that hit Boeing, FedEx, and others.

Lightning Labs, on the other hand, has developed a monitoring app called Lndmon that allows network payments to be routed through several sequential channels that essentially mask cyber currency transactions and are not publicly recorded on the blockchain. The IRS says the number of nodes on the Lightning Network has grown to nearly 10,000 since the initial release in March 2018, close to the number of full redistribution points or communication endpoints on the Bitcoin mainchain.

What the IRS is looking for

The short version of the IRS’ gamble is that it’s looking for someone -- or some ones -- to show them how to trace transactions to specific users and provide technology which allows its Special Agents to predict statistical likelihoods of transaction inputs, outputs, metadata, and public identifiers. 

A key factor for the agency is the ability to keep everything in-house as much as possible. To date, authorities have had to outsource their crypto forensics capabilities and employ the skills of private contractors.

If you could use a little extra cash, the Internal Revenue Service (IRS) is forking out a $625,000 bounty to anyone who can find a way to trace transaction...

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IRS to send out millions of letters urging taxpayers to request unclaimed stimulus checks

The Internal Revenue Service (IRS) is sitting on nine million unclaimed Economic Impact Payment checks and wants to get them off their desk. Beginning September 24, the agency will start mailing letters to taxpayers who usually don't file federal income tax returns but who may be eligible for the checks to step up and claim theirs.

Not every taxpayer is guaranteed a specific amount, but individuals can expect to receive up to $1,200, with the cap for married couples at $2,400. People with qualifying children under age 17 at the end of 2019 can also get up to an additional $500 for each qualifying child.

Non-filers are still eligible for a stimulus check

The letters are being sent to people who, so far, haven't filed a return for either 2018 or 2019. The IRS says that most of the recipients seem to be people who have very low incomes and don't typically have a tax return filing requirement.

"The IRS has made an unprecedented outreach effort to make sure people are aware of their potential eligibility for an Economic Impact Payment this year," said IRS Commissioner Chuck Rettig. 

"Millions who don't normally file a tax return have already registered and received a payment. We are taking this extra step to help Americans who may not know they could be eligible for this payment or don't know how to register for one. People who aren't required to file a tax return can quickly register on IRS.gov and still get their money this year."

What to look for

Here are some pertinent details about the letter so taxpayers know what to keep an eye out for:

What to look for: The letter is officially known as IRS Notice 1444-A. It is written in English and Spanish and includes information on eligibility criteria and how eligible recipients can claim an Economic Impact Payment on the IRS’ website. The letter will come from an IRS address.

When it will be sent: The mailing will begin around September 24.

When to register by: October 15 is the date eligible citizens should register by to receive a payment. People can also wait until next year and claim it as a credit on their 2020 federal income tax return by filing in 2021.

How to register: Registration can be done via the free Non-Filers: Enter Payment Info Here tool, available in English and Spanish on IRS’ website. Those unable to access the Non-Filers tool may submit a simplified paper return following the procedures described in the Economic Impact Payment FAQs on IRS.gov.

Receiving a letter does not guarantee a check: “The IRS reminds recipients that receiving a letter is not a guarantee of eligibility for an Economic Impact Payment,” the agency noted. 

“An individual is likely eligible if he or she is a U.S. citizen or resident alien; has a work-eligible Social Security number; and can't be claimed as dependent on someone else's federal income tax return. However, there can be a variety of situations that could affect an individual's eligibility.” Again, the IRS suggests that most questions can be answered at its official website.

"Time is running out this year for the IRS to issue payments," Rettig said. "People who normally don't file a tax return shouldn't wait to see if they receive one of these letters. They can review the guidelines and register now if they're eligible."

And, don’t forget the scammers

The IRS reminds taxpayers that scammers are out in droves trying to nab one of the stimulus checks for themselves. 

Of particular importance is keeping an eye out for any email, phone call, or texts related to these payments. Always remember that the IRS does not send unsolicited electronic communications asking people to open attachments, visit a website via a link, or share personal or financial information.

The Internal Revenue Service (IRS) is sitting on nine million unclaimed Economic Impact Payment checks and wants to get them off their desk. Beginning Sept...

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IRS updates stimulus check payment portal

The Internal Revenue Service (IRS) has rolled out a suite of enhancements to its online portal for Economic Impact Payments (EIPs), or stimulus checks, in an effort to ease consumer frustration with the site.

IRS Commissioner Chuck Rettig said the changes will make it easier for people to add direct deposit information and get their relief money faster. 

"We delivered Get My Payment with new capabilities that did not exist during any similar relief program, including the ability to receive direct deposit information that accelerates payments to millions of people," Rettig said in a statement. "These further enhancements will help even more taxpayers.” 

Rettig urged people who initially experienced hangups in dealing with the online tool to go back and try it again now that the changes are in place. 

"We encourage people to check back in and visit Get My Payment," Rettig added. "These enhancements will help many taxpayers. By using Get My Payment now, more people will be able to get payments quickly by being able to add direct deposit information."

“IRS teams worked long hours to deliver Get My Payment in record time, and we will continue to make improvements to help Americans,” he added. 

Payment status

Taxpayers who haven’t yet received their stimulus checks can check the status of their payment on the IRS website. When doing so, it’s recommended to have bank account information and a copy of your most recent tax return on hand. 

The IRS has warned taxpayers to be wary of scams related to the stimulus payments because criminals are using the current health crisis to make a profit. Information on stimulus checks is only available on IRS.gov, not on third-party websites. 

Consumers also shouldn’t receive any phone calls, texts, or emails about the payments. The IRS has stated that it won’t send unsolicited electronic communications asking people to open attachments, visit a website, or share personal or financial information. 

“Remember, go directly and solely to IRS.gov for official information,” the IRS said. 

The Internal Revenue Service (IRS) has rolled out a suite of enhancements to its online portal for Economic Impact Payments (EIPs), or stimulus checks, in...

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Personal incomes fell in January for the first time in three years

In recent months, incomes have begun to grow as the economy gains steam. But those gains came to an abrupt halt in January.

In a report delayed by the government shutdown, the Commerce Department said personal incomes fell 0.1 percent in January. It was the first decline since November 2015.

Paychecks weren’t getting smaller in January. In fact, wages were up 0.3 percent, building on a 0.5 percent increase in December. Instead, investors earned less on their money as both dividend and interest payments went down.

The report also showed consumers spent less in December, confirming reports from retailers that normal last-minute Christmas shopping never materialized to the extent it did in past years. Consumer spending was down 0.5 percent in the last month of the year.

Not only is it troubling that it occurred at the height of the holiday season, but it was also the biggest decline since September 2009, when the economy was still recovering from the Great Recession.

The Fed is still optimistic

While the results might have taken many economists by surprise, they don’t necessarily signal a weakening economy. In a speech Thursday, Federal Reserve Chairman Jerome Powell said the short-term economy appears to be in a good place.

“The current economic expansion has been underway for almost 10 years,” Powell said. “This long period of growth has pushed the unemployment rate down near historic lows. The employment gains have been broad-based across all racial and ethnic groups and all levels of educational attainment as well as among the disabled.”

Powell said nearly all job market indicators are better than they were a few years ago, and some are at their most favorable levels in decades. He also noted that wages, which were slow to respond to an improving economy, have finally begun to grow.

“It is especially encouraging that the labor force participation rate of people in their prime working years, ages 25 to 54, has been rising for the past three years,” Powell said. “More plentiful jobs and rising wages are drawing more people into the workforce and encouraging others who might have left to stay.”

In recent months, incomes have begun to grow as the economy gains steam. But those gains came to an abrupt halt in January.In a report delayed by the g...

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Withholding -- too much vs. too little

When tax time comes every April, do you find yourself celebrating because you're getting a refund or griping because you owe taxes?

There's a way to avoid both.

The Internal Revenue Service (IRS) advises you to check your tax withholding from time to time as there are a number of factors that could determine whether you get money back or have to send more in.

It's important to remember that when you get a refund, it's YOUR money you are getting back, not the government's. By withholding too much, you're giving Uncle Sam an interest-free loan. This is money you could invest and put to work for you. Whether you would or not is a topic for a separate discussion.

In any event, when you have the correct amount taken out, you get closer to having a zero balance when you file your return -- no taxes owed, no refund.

What to do

In many cases, a new Form W-4, Employee’s Withholding Allowance Certificate, is all you need to make an adjustment. Just submit it to your employer, and the employer will use it to figure out how much federal income tax to withheld from your pay.

The IRS offers several online resources to help you bring taxes paid closer to what you owe. They include:

  • IRS Withholding Calculator, an online tool that helps determine the correct amount of tax to withhold;
  • IRS Publication 505, a guide to tax withholding and estimated tax; and
  • Tax Withholding, complete information on withholding, estimated taxes, FAQs, and more.

Self-employed taxpayers, including those involved in the sharing economy, can use the Form 1040-ES worksheet to figure their estimated tax payments.

If they also work for an employer, they can often forgo making these quarterly payments by instead having more tax taken out of their pay.

When tax time comes every April, do you find yourself celebrating because you're getting a refund or griping because you owe taxes?There's a way to avo...

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The IRS is hiring debt collectors

If you owe the Internal Revenue Service (IRS) back taxes and despite repeated reminders, still haven't gotten around to writing a check, expect a call from a debt collector.

The IRS has started sending letters to what it calls “a relatively small group” of taxpayers who are severely delinquent. The letters will explain that the IRS has turned the account over to one of four private debt collection agencies.

The IRS says the delinquent accounts are old and multiple attempts have been made in the past to collect them. Still, this effort could pose dangers for a wide range of consumers if scammers seize on this development.

“The IRS is taking steps throughout this effort to ensure that the private collection firms work responsibly and respect taxpayer rights,” said IRS Commissioner John Koskinen. “The IRS also urges taxpayers to be on the lookout for scammers who might use this program as a cover to trick people. In reality, those taxpayers whose accounts are assigned as part of the private collection effort know they have a tax debt.”

How to avoid a scam

That last part is key. Koskinen says the people who will receive calls from these legitimate debt collectors are well aware that they have an unpaid tax debt. They have dealt with IRS personnel on this issue in the past.

That means if you are unaware that you owe the IRS money and get a call from someone claiming to be a debt collector, the IRS says you are being targeted by a scammer and should hang up.

Okay, this bears repeating. If you are unaware that you owe back taxes and someone calls you claiming you do, you don't. It's that simple.

Letter from the IRS

The collection program began this week and the people who owe the money should have received a letter from the IRS, telling them to expect a call. If you didn't get one of these letters, you don't owe any money.

Here's another clue – the IRS says people who owe money will always be contacted by the tax agency first, before they are ever contacted by a debt collector. So if the IRS hasn't contacted you, neither should a debt collector.

The IRS reiterates that taxpayers should be vigilant for scammers posing as private collection firms. The IRS said it will also be watching for these schemes as the collection program begins.

If you owe the Internal Revenue Service (IRS) back taxes and despite repeated reminders, still haven't gotten around to writing a check, expect a call from...

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Bitcoin passes gold in value for the first time ever

You may have heard of the “gold standard,” but it seems that a type of online currency is making a bid for supremacy in the financial world.

Reports yesterday indicate that the price of one bitcoin surpassed the price of one ounce of gold for the first time ever. While both are considered “alternative assets” by the financial community, it gives some credence to past claims that the online currency might one day reign supreme for investors.

For those who don’t know, bitcoin is a type of digital currency that consumers hold electronically. However, unlike other forms of currency, it is sent from one entity to another and is not controlled by a central source, like a bank. The cryptocurrency has a number of advantages, which consumers can learn about in the video below. However, due to the anonymity associated with its trading, it has also been used for a number of scams and illicit activities.

Potential bitcoin surge

While the value of bitcoin has gone up and down since it was introduced to the market, its recent increase in value may indicate that investors are taking it more seriously. Currently, traders of the currency are awaiting an SEC decision that would allow Winklevoss Bitcoin ETF to become the first bitcoin exchange-traded fund (ETF) in the U.S. market.

The ruling, which is set to be announced on March 11, would open the digital currency to a wider range of investors. However, some analysts have said that the bitcoin ETF has less than a 25% chance of being approved, according to an earlier CoinDesk report.

As of Friday morning, gold had once again climbed back over bitcoin in value; one bitcoin was selling for $1,284.58, while one ounce of gold was selling for $1,319.60.

You may have heard of the “gold standard,” but it seems that a type of online currency is making a bid for supremacy in the financial world.Reports yes...

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Dow Jones Average tops 20,000 for first time

What's in a number? On Wall Street, traders will tell you the Dow Jones Industrial Average topping the 20,000 mark is not that big of a deal. Mostly symbolic, they say.

Even so, since the market began its post-election rally, there has been anticipation that the Dow milestone would be achieved before the end of last year. However, the rally lost steam in the last two weeks of 2016.

It would be left to 2017 – Wednesday, January 25 to be precise, when the Dow Industrials opened at 20,018, less than a week after the inauguration of Donald Trump as the 45th President of the United States. The market's march toward 20,000 has been referred to as "the Trump rally," though evidence suggests it slightly predates election day, before anyone anticipated a Trump victory.

The Dow Industrials closed at 17,930 on November 3 and rallied by 2,070 since then, an increase of 11.5% in about two months. At the same time, the S&P 500, a measure of the broader market, rallied 9.3% over the same time.

Big banks led the way

The Dow was led higher mostly on the strength of big bank stocks, whose share prices have languished in a low interest rate environment. Banks surged on the OK belief that rates would rise and that many regulations on banks would be rolled back in the new administration.

The Dow crossed the 10,000 threshold three times – the first time on March 29, 1999, at the height of the dot-com boom. After crossing the 10,000 market in 2002, the market crashed in 2009, finally getting back above 10,000 the following year.

Where does the market go from here? Lots of brave prognosticators are already talking about Dow 40,000. They point out that it took 15 years for the Dow to double from 1,000 to 2,000 and 12 years to go from 2,000 to 4,000.

What's in a number? On Wall Street, traders will tell you the Dow Jones Industrial Average topping the 20,000 mark is not that big of a deal. Mostly symbol...

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Tax records: What to keep and for how long

What must I keep? What can I toss?

Questions about how long to keep tax returns and other documents face many taxpayers at this time of year.

As a general rule, the Internal Revenue Service (IRS) recommends holding on to copies of tax returns and supporting documents at least three years. However, there are some that should be kept up to seven years in case a taxpayer needs to file an amended return or if questions arise. That includes records relating to real estate after you've disposed of the property.

Even though you don't need to send them to IRS as proof of coverage, it's a good idea to keep health care information statements should with other tax records.

These include records of any employer-provided coverage, premiums paid, advance payments of the premium tax credit received, and type of coverage. Three years after you file your tax return is the recommended time for keeping these records.

How to store

Whether your tax records are paper or electronic, the IRS says you should be sure they're kept safe and secure -- especially any documents bearing Social Security numbers. It's also a good idea to scan paper tax and financial records into a format that can be encrypted and stored securely on a flash drive, CD or DVD with photos or videos of valuables.

Records to be saved include those that support the income, deductions and credits claimed on returns. You'll need them if the IRS asks questions about a tax return or to file an amended return.

Cleaning house

When records are no longer needed for tax purposes, make sure they are destroyed properly to prevent the information from falling into the hands of identity thieves.

If disposing of an old computer, tablet, mobile phone, or back-up hard drive, keep in mind it includes files and personal data. Removing this information may require special disk utility software.

What must I keep? What can I toss?What must I keep? What can I toss?Questions about how long to keep tax returns and other documents face many...

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Get that tax refund ASAP

If you overpaid your taxes this year (too much withholding is the main culprit), you'll have a refund coming. And, of course, you'll want that money as soon as you can get it.

The first thing you'll need to do is have all the documents you need -- things like W-2s and 1099s -- before you file your return. You also may need a copy of your 2015 tax return to make it easier to fill out a 2016 tax return.

Beginning next year, taxpayers using a software product for the first time may need their Adjusted Gross Income amount from a prior tax return to verify their identity. Learn more about how to verify your identity and electronically sign your tax return at Validating Your Electronically Filed Tax Return.

The Internal Revenue Service (IRS) will begin accepting and processing tax returns once the filing season begins.

Updating your ITIN

Under the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), any Individual Taxpayer Identification Numbers (ITIN) issued prior to 2013 or that haven’t been used for tax-years 2013, 2014, and 2015 will no longer be valid for use on a tax return as of Jan. 1, 2017.

If you have an expiring ITIN and need to file a return in 2017, you'll have to renew it. It typically takes seven weeks to receive an ITIN assignment letter, but can take longer -- 9 to 11 weeks if you wait to submit Form W-7 during the peak filing season or send it from overseas.

Taxpayers who don't renew an expired ITIN before filing a tax return next year could face a delayed refund and may be ineligible for certain tax credits. You can get more information on the the ITIN information page on IRS.gov.

Mandated delays

If you claim the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) on your tax return, the IRS must hold your refund until February 15.

This new law requires the IRS to hold the entire refund -- even the portion not associated with EITC or ACTC. This change helps ensure that you get the refund you are owed by giving the agency more time to help detect and prevent fraud.

By the way, you shouldn't rely on getting a refund by a certain date, especially when making major purchases or paying bills. Though the IRS issues more than nine out of 10 refunds in less than 21 days, some returns are held for further review.

What to do

The easiest way to avoid common errors that delay processing a tax return is to e-file. E-filing is the most accurate way to prepare a return and file. There are a number of e-file options:

  • IRS Free File,
  • Volunteer Income Tax Assistance and Tax Counseling for the Elderly programs,
  • commercial tax preparation software, or
  • a tax professional

Use direct deposit

With direct deposit, the refund goes directly into your bank account. There is no risk of having the refund check stolen or lost in the mail. This is the same electronic transfer system used to deposit nearly 98% of all Social Security and Veterans Affairs benefits into millions of accounts.

Direct deposit also saves taxpayer dollars. It costs the nation’s taxpayers more than $1 for every paper refund check issued but only a dime for each direct deposit made.

If you overpaid your taxes this year (too much withholding is the main culprit), you'll have a refund coming. And, of course, you'll want that money as soo...

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IRS unveils 2017 pension plan limitations

An increase is on the way from the Internal Revenue Service pertaining to income ranges and determining eligibility for making deductible contributions to traditional IRAs, contributing to Roth IRAs, and claiming the saver’s credit.

You can deduct contributions to a traditional IRA if you meet certain conditions. For example, if during the year either you or your spouse was covered by a retirement plan at work, the deduction may be reduced, or phased out, until it is eliminated -- depending on filing status and income. If neither is covered, the phase-outs of the deduction do not apply.

Next year's phase-out ranges

  • For single taxpayers covered by a workplace retirement plan, the phase-out range is $62,000 to $72,000 -- up from $61,000 to $71,000.
  • For married couples filing jointly, where the spouse making the IRA contribution is covered by a workplace retirement plan, the phase-out range is $99,000 to $119,000, versus $98,000 to $118,000.
  • For an IRA contributor who is not covered by a workplace retirement plan and is married to someone who is covered, the deduction is phased out if the couple’s income is between $186,000 and $196,000 -- up from $184,000 and $194,000.
  • For a married individual filing a separate return who is covered by a workplace retirement plan, the phase-out range is not subject to an annual cost-of-living adjustment and remains $0 to $10,000.

The new income phase-out range for taxpayers making contributions to a Roth IRA is $118,000 to $133,000 for singles and heads of household. This year it was $117,000 to $132,000.

For married couples filing jointly, the income phase-out range is now $186,000 to $196,000, versus $184,000 to $194,000. The phase-out range for a married individual filing a separate return who makes contributions to a Roth IRA is not subject to an annual cost-of-living adjustment and remains $0 to $10,000.

The income limit for the saver’s credit (also known as the retirement savings contributions credit) for low- and moderate-income workers is $62,000 for married couples filing jointly, up $500; $46,500 for heads of household, up $375; and $31,000 for singles and married individuals filing separately, up $250.

No change for these limitations

  • The contribution limit for employees who participate in 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan remains at $18,000.
  • The catch-up contribution limit for employees aged 50 and over who participate in 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan remains at $6,000.
  • The limit on annual contributions to an IRA is unchanged at $5,500. The additional catch-up contribution limit for individuals aged 50 and over is not subject to an annual cost-of-living adjustment and remains $1,000.

Details are outlined in IRS Notice 2016-62.

An increase is on the way from the Internal Revenue Service pertaining to income ranges and determining eligibility for making deductible contributions to...

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U.S. Treasury enacts regulations to stop earnings stripping

One of the main political sticking points for candidates over the years has concerned taxes – more specifically, how to make sure U.S. companies pay their fair share of them.

Many have called the tax system broken over the years because of how easy it is for a company or corporation to acquire a business overseas and move its tax address. This allows multinational businesses to engage in “earnings stripping,” which is the term that describes a company that pays deductible interest to a parent company or affiliate in another country that has lower taxes. Simply put, it allows a business to avoid paying as much as they should in U.S. taxes.

But in an interview with CNBC on Thursday, U.S. Treasury Secretary Jack Lew announced new regulations that will limit companies’ ability to take part in this kind of “egregious” tax avoidance. The new rules will seek to end earnings stripping and mandate that corporations file documentation on interest deductions on related-party loans.

“This administration has long called for legislative action to fix our broken tax system. In the absence of Congressional action, it is Treasury’s responsibility to use our authority to protect the tax base from continued erosion,” said Treasury Department Secretary Jacob J. Lew in a statement.

“We have taken a series of actions to make it harder for large foreign multinational companies to avoid paying U.S. taxes and reduce the incentives for U.S. companies to shift income and operations overseas. Such tax avoidance practices are wrong and should be stopped.”

Exceptions and exemptions

The proposed regulations were submitted back in April, and were subject to months of scrutiny from stakeholders before being finalized. As a result, the finalized version allows for several exceptions and exemptions for situations where there is a low risk of earnings stripping.

Feedback from the public also led to exemptions for foreign subsidiaries of U.S. multinational corporations, transactions between pass-through businesses, cash pools, and limited exemptions for financial institutions and insurance companies that are subject to regulatory oversight for their capital structure.

The final regulations also include more relaxed documentation requirements than those suggested in April, as well as more exceptions for ordinary course transactions like stock acquisitions associated with employee compensation plans. The regulations will go into effect on January 1, 2018.

Mixed reviews

Republicans and Democrats have remained divided on the new regulations. Rep. Kevin Brady (R-Tex) claims the regulations were pushed through too quickly and may damage U.S. workers and the economy. “By rushing the review process – despite the extensive comments received – and finalizing these regulations so quickly, it appears the Obama Administration has ignored the real concerns of people who will be most impacted by these far-reaching rules,” he said.

On the other side of the aisle, Rep. Sander Levin (D-Mich) said the new regulations were a step in the right direction towards restoring fairness to the tax system.

“For years, companies have been inverting and engaging in earnings stripping to unfairly lower their tax bills. In the absence of Republican action on tax reform, Treasury has used its Administrative authority to help bring fairness to the tax system. Today’s regulations from Treasury—which took into account extensive comments from the public and intensive meetings with Republicans and Democrats in Congress—go straight to the core of that fairness issue by strongly limiting a company’s ability to use this tax avoidance strategy, which involves disproportionately leveraging a U.S. company with debt and ‘stripping’ the U.S. tax base through deductible interest payments,” he said.

One tax expert found both positives and negatives to the new regulations, saying that some necessary steps were taken but that some parts were still worrisome.

“On the plus side, the documentation rule’s applicability of 1/1/18 and the exception – for the time being at least – for foreign issuers were responsive to comments and were absolutely necessary. . . But the rules’ general response regarding cash pooling will still be highly burdensome where they apply as will the retroactive application of the re-characterization rules,” said Ronald Dabrowski, a principal of KPMG LLP, a Washington National Tax practice.

So, based on the mixed reviews, consumers may have to wait and see if the new regulations save the tax system or lead to the collapse of the country as we know it. The smart bet may be to expect something in between. Consumers can learn more by visiting the Treasury's fact page here.

One of the main political sticking points for candidates over the years has concerned taxes – more specifically, how to make sure U.S. companies pay their...

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Revised fees proposed for taxpayers using installment plan

If you're a taxpayer who uses the installment plan to settle up with Uncle Sam, you need to know that the Internal Revenue Service (IRS) is proposing a revised schedule of user fees that would take effect on Jan. 1, 2017.

Federal agencies are required to charge a user fee to recover the cost of providing certain services to the public that confer a special benefit to the recipient. While some installment agreement fees will go up, the IRS will continue providing reduced-fee or no-cost services to low-income taxpayers.

Changes on the way

The revised installment agreement fees of up to $225 would be higher for some taxpayers than those currently in effect, which can be up to $120. However, under this revision, any affected taxpayer could qualify for a reduced fee by making a request online using the Online Payment Agreement application on IRS.gov.

Additionally, there would be no change to the current $43 rate that applies to the approximately one in three taxpayer requests that qualify under low-income guidelines. These guidelines, which change with family size, would qualify a family of four with total income of around $60,000 or less to pay the lower fee.

Also, for the first time, any taxpayer regardless of income would qualify for a new low $31 rate by requesting an installment agreement online and choosing to pay what is owed through direct debit.

The top rate of $225 applies to taxpayers who enter into an installment agreement in person, over the phone, by mail, or by filing Form 9465 with the IRS. However, a taxpayer who establishes an agreement in this manner can substantially cut the fee to just $107 by choosing to make monthly payments by direct debit from their bank account.

Alternatively, a taxpayer who chooses to set up an installment agreement using the agency’s Online Payment Agreement application will pay a fee of $149. Similarly, this amount can be cut to just $31 by also choosing direct debit.

Proposed fees

Here is the proposed schedule of user fees:

  Regular installment agreement$225
  Regular direct debit installment agreement$107
  Online payment agreement $149
  Direct debit online payment agreement$31
  Restructured or reinstated installment agreement  $89
  Low-income rate$43

If you're a taxpayer who uses the installment plan to settle up with Uncle Sam, you need to know that the Internal Revenue Service (IRS) is proposing a rev...

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Tips for last minute tax filers

Got plans for the weekend? You may have to put them on hold if you haven't gotten around to filing your federal income tax return.

Though April 15 is normally the deadline for getting your return in the mail to the Internal Revenue Service (IRS), this year the deadline falls on Monday, April 18, since today is a holiday in the District of Columbia.

If you'll be spending the weekend shuffling receipts and filling out forms, the IRS has some advice.

Use the internet

First, file your return online. It makes the tax agency's job a little easier and it will also get any refund to you a lot quicker. When you file electronically, the IRS says it normally takes about three weeks to process your refund – even faster if you have the money direct deposited into a bank account.

The IRS offers this handy guide to individuals who are e-filing their own returns. If you file electronically, you won't be able to physically sign the return. The IRS explains here how to do it electronically.

If you are going old school and filing a paper return, make sure all necessary forms are attached to Form 1040. The IRS would like them placed in order of the sequence number located in the upper right hand corner of the schedule or form.

Don't forget to attach a copy of your W-2, which is a record of your compensation from your employer. If you received a corrected version of your W-2, form W-2c, make sure you include that.

Where to send it

When filing a paper return, it means you have to mail it somewhere. The address will be determined by where you live, and whether you owe additional taxes or are getting a refund. You'll find the the address you need here.

If you owe additional tax, make the check out to United States Treasury. Make sure the check contains your name, address, taxpayer ID number, daytime phone number, tax year, and the name of the tax form you are submitting – such as Form 1040.

If you are filing electronically, you can pay online by following the instructions in Form 1040-V.

Of course, you might want to keep your weekend plans and file for an extension, giving you another six months to complete the process. It just requires filing the proper form by the Monday deadline, found here.

If you owe additional tax, be sure to include the amount with the extension form, otherwise you'll face a penalty and interest. If you aren't sure how much you owe, it is better to overestimate on the payment. You'll avoid the penalty and get the balance as a refund when you do file.

Got plans for the weekend? You may have to put them on hold if you haven't gotten around to filing your federal income tax return.Though April 15 is no...

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Time running short for many to take required retirement plan distributions

If you turned 70½ during 2015 you'd best get a move on.

Seniors who have reached that age must -- in most cases -- start receiving required minimum distributions (RMDs) from Individual Retirement Accounts (IRAs) and workplace retirement plans by tomorrow, Friday, April 1, 2016.

Under Internal Revenue Service (IRS) regulations, owners of traditional (including SEP and SIMPLE) IRAs but not Roth IRAs, are affected by the deadline. It normally applies to those with various workplace retirement plans, including 401(k), 403(b) and 457(b) plans.

What to do

Keep in mind, the April 1 deadline applies only to the required distribution for the first year. For all subsequent years, the RMD must be made by Dec. 31. So, if you turned 70½ last year (born after June 30, 1944 and before July 1, 1945) and receive the first required distribution (for 2015) on April 1, 2016, for example, you must still receive the second RMD by Dec. 31, 2016.

Affected taxpayers who turned 70½ during 2015 must figure the RMD for the first year using the life expectancy as of their birthday in 2015 and their account balance on Dec. 31, 2014.

The trustee reports the year-end account value to the IRA owner on Form 5498 in Box 5. Worksheets and life expectancy tables for making this computation can be found in the appendices to Publication 590-B.

Though the April 1 deadline is mandatory for all owners of traditional IRAs and most participants in workplace retirement plans, some people with workplace plans can wait longer to receive their RMD. Usually, employees who are still working can, if their plan allows, wait until April 1 of the year after they retire to start receiving these distributions.

Employees of public schools and certain tax-exempt organizations with 403(b) plan accruals before 1987 should check with their employer, plan administrator or provider to see how to treat these accruals.

More information on RMDs, including answers to frequently asked questions, can be found on IRS.gov.

If you turned 70½ during 2015 you'd best get a move on.Seniors who have reached that age must -- in most cases -- start receiving required minimum dist...

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You can't keep a good crook down

We've all heard how criminals impersonating IRS agents threaten various actions to relieve you of money you supposedly owe the government.

Now, however, they have started making phone calls claiming they're trying to verify tax return information. Claiming that they already have your tax return, these crooks say they just need to verify a few details to process your return. In the process, they try to get you to give up personal information such as your Social Security number, bank numbers, or credit cards. Consumers receiving these calls should be on guard.

“These schemes continue to adapt and evolve in an attempt to catch people off guard just as they are preparing their tax returns,” said IRS Commissioner John Koskinen. “Don’t be fooled. The IRS won’t be calling you out of the blue asking you to verify your personal tax information or aggressively threatening you to make an immediate payment.”

What the IRS will not do

According to the IRS, many of the claims that scammers make are simply not within the organizations protocol. Here are some things the agency will never do:

  • Call to demand immediate payment over the phone, or call about taxes owed without first having mailed you several bills.
  • Call or email you to verify your identity by asking for personal and financial information.
  • Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
  • Require you to use a specific payment method for your taxes, such as a prepaid debit card.
  • Ask for credit or debit card numbers over the phone or e-mail.
  • Threaten to immediately bring in local police or other law-enforcement groups to have you arrested for not paying.

What to do

If a consumer receives a phone call from a suspected scammer, the IRS recommends that they:

  • Do not give out any information and hang up immediately.
  • Contact the Treasury Inspector General for Tax Administration to report the call. Use their “IRS Impersonation Scam Reporting” web page. You can also call 800-366-4484.
  • Report it to the Federal Trade Commission (FTC). Use the “FTC Complaint Assistant” on FTC.gov. Add “IRS Telephone Scam” in the notes.

If you know you owe, or think you may owe, tax money, you can:

  • Call the IRS at 800-829-1040. IRS workers can help you.
  • Stay alert to scams that use the IRS as a lure. Tax scams can happen any time of year, not just at tax time. For more, visit “Tax Scams and Consumer Alerts” on IRS.gov.

We've all heard how criminals impersonating IRS agents threaten various actions to relieve you of money you supposedly owe the government.Now, however,...

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Nine out of 10 tax refunds are issued in under 21 days

How fast do you want your federal income tax refund -- assuming you get one? Does three weeks work for you?

According to the Internal Revenue Service (IRS), 90% of refunds are issued in less than 21 days.

The best way to check the status of yours is online through the “Where’s My Refund?” tool on the IRS website or via the IRS2Go phone app.

"As February approaches, more and more taxpayers want to know when they can expect their refunds," said IRS Commissioner John Koskinen. "There aren't any secret tricks to checking on the status of a refund. Using IRS.gov is the best way for taxpayers to get the latest information."

Patience

Many taxpayers are eager to know precisely when their money will be arriving, but checking "Where's My Refund" more than once a day will not produce new information. The status of refunds is refreshed only once a day, generally overnight.

"Where’s My Refund?" has the most up-to-date information available about your refund. Taxpayers should use this tool rather than calling. You can use the tool to start checking on the status of their return within 24 hours after IRS has received an e-filed return or four weeks after receipt of a mailed paper return. It has a tracker that displays progress through three stages: (1) Return Received, (2) Refund Approved and (3) Refund Sent.

Try the app

The IRS2Go phone app is another fast and safe tool taxpayers can use to check the status of a refund. In addition, users can use it to find free tax preparation help, make a payment, watch the IRS YouTube channel, get the latest IRS news, and subscribe to filing season updates and tax tips.

The app is free for Android devices from the Google Play Store or from the Apple App Store for Apple devices. Users of both the IRS2Go app and “Where’s my Refund” tools must have information from their current, pending tax return to access their refund information.

There's really no advantage to calling about refunds. IRS representatives can research the status of your refund only in limited situations: if it has been 21 days or more since you filed electronically, more than six weeks since you mailed your paper return, or "Where’s My Refund?" directs you to contact the agency. If the IRS needs more information to process your tax return, you'll be contacted by mail.

The IRS continues to encourage the use of e-file and direct deposit as the fastest and safest way to file an accurate return and receive a tax refund. More than four out of five tax returns are expected to be filed electronically, with a similar proportion of refunds issued through direct deposit.

Free File offers free brand-name software to about 100 million individuals and families with incomes of $62,000 or less. Seventy percent of all taxpayers are eligible for Free File.

All taxpayers regardless of income will again have access to free online fillable forms, which provide electronic versions of IRS paper forms to complete and file. Both options are available through IRS.gov.

How fast do you want your federal income tax refund -- assuming you get one? Does three weeks work for you?According to the Internal Revenue Service (I...

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IRS cuts 2016 standard mileage rates

If you use your car for things that are usually tax deductible, you're not going to like this.

The Internal Revenue Service (IRS) is cutting the 2016 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.

Starting January 1, the standard mileage rates for the use of a car (also vans, pickups, or panel trucks) will be:

  • 54 cents per mile for business miles driven -- down 3.5 cents from 2015.
  • 19 cents per mile driven for medical or moving purposes -- down four cents from 2015.
  • 14 cents per mile driven in service of charitable organizations. The charitable rate is based on statute.

According to the tax agency, the standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs.

You have options

Keep in mind, though, that you always have the option of calculating the actual costs of using your vehicle rather than using the standard mileage rates.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle.

In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.

These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical, or charitable expense are in Rev. Proc. 2010-51.

Notice 2016-01 contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan.

If you use your car for things that are usually tax deductible, you're not going to like this.The Internal Revenue Service (IRS) is cutting the 2016 op...

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IRS offers tips for year-end charitable giving

If you plan on making a donation to your favorite charity as the year draws to a close, the Internal Revenue Service (IRS) wants you to know that several tax law provisions have kicked in over the past few years.

Among them are:

Rules for charitable contributions of clothing and household items

  • Household items include furniture, furnishings, electronics, appliances, and linens. Clothing and household items donated to charity generally must be in good used condition or better to be tax-deductible. A clothing or household item for which a taxpayer claims a deduction of over $500 does not have to meet this standard if the taxpayer includes a qualified appraisal of the item with the return.
  • Donors must get a written acknowledgment from the charity for all gifts worth $250 or more. It must include, among other things, a description of the items contributed.

Guidelines for monetary donations

  • You must have a bank record or a written statement from the charity in order to deduct any donation of money -- regardless of amount. The record must show the name of the charity and the date and amount of the contribution. Bank records include canceled checks, and bank, credit union and credit card statements. Bank or credit union statements should show the name of the charity, the date, and the amount paid. Credit card statements should show the name of the charity, the date, and the transaction posting date.
  • Donations of money include those made in cash or by check, electronic funds transfer, credit card, and payroll deduction. For payroll deductions, you should retain a pay stub, a Form W-2 wage statement, or other document furnished by the employer showing the total amount withheld for charity, along with the pledge card showing the name of the charity.
  • These requirements for the deduction of monetary donations do not change the long-standing requirement that you obtain an acknowledgment from a charity for each deductible donation (either money or property) of $250 or more. However, one statement containing all of the required information may meet both requirements.

Reminders

The IRS offers the following additional reminders to help you plan your holiday and year-end gifts to charity:

  • Qualified charities. Check that the charity is eligible. Only donations to eligible organizations are tax-deductible. Select Check, a searchable online tool available on IRS.gov, lists most organizations that are eligible to receive deductible contributions. In addition, churches, synagogues, temples, mosques, and government agencies are eligible to receive deductible donations. That is true even if they are not listed in the tool’s database.
  • Year-end gifts. Contributions are deductible in the year made. Thus, donations charged to a credit card before the end of 2015 count for 2015, even if the credit card bill isn’t paid until 2016. Also, checks count for 2015 as long as they are mailed in 2015.
  • Itemize deductions. For individuals, only taxpayers who itemize their deductions on Form 1040 Schedule A can claim deductions for charitable contributions. This deduction is not available to individuals who choose the standard deduction. This includes anyone who files a short form (Form 1040A or 1040EZ). A taxpayer will have a tax savings only if the total itemized deductions (mortgage interest, charitable contributions, state and local taxes, etc.) exceed the standard deduction. Use the 2015 Form 1040 Schedule A to determine whether itemizing is better than claiming the standard deduction.
  • Record donations. For all donations of property, including clothing and household items, get from the charity, if possible, a receipt that includes the name of the charity, date of the contribution, and a reasonably-detailed description of the donated property. If a donation is left at a charity’s unattended drop site, keep a written record of the donation that includes this information, as well as the fair market value of the property at the time of the donation and the method used to determine that value. Additional rules apply for a contribution of $250 or more.
  • Special Rules. The deduction for a car, boat, or airplane donated to charity is usually limited to the gross proceeds from its sale. This rule applies if the claimed value is more than $500. Form 1098-C or a similar statement, must be provided to the donor by the organization and attached to the donor’s tax return.

If the amount of a taxpayer’s deduction for all noncash contributions is over $500, a properly-completed Form 8283 must be submitted with the tax return.

If you plan on making a donation to your favorite charity as the year draws to a close, the Internal Revenue Service (IRS) wants you to know that several t...

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Time to plan for next year's health flexible spending arrangements

Not that you don't have enough to do with the holidays approaching, but the Internal Revenue Service (IRS) is reminding those who are eligible that this is the time to begin planning to take full advantage of their employer’s health flexible spending arrangement (FSA) during 2016.

FSAs provide employees a way to use tax-free dollars to pay medical expenses not covered by other health plans. Because eligible employees need to decide how much to contribute through payroll deductions before the plan year begins, many employers are offering the option to participate during the 2016 plan year.

If you want to contribute during the new year, you must make this choice again for 2016 -- even if you contributed in this year. Self-employed individuals are not eligible.

How it works

Those who elect to participate may contribute up to $2,550 during the 2016 plan year, the same as in 2015. Amounts contributed are not subject to federal income tax, Social Security tax, or Medicare tax. If the plan allows, the employer may also contribute to your FSA.

Throughout the year, employees can then use the money to pay qualified medical expenses not covered by their health plan, including co-pays, deductibles, and a variety of medical products and services ranging from dental and vision care to eyeglasses and hearing aids. Interested employees should check with their employer for details on eligible expenses and claim procedures.

Carryover option

Under the use or lose provision, participating employees must often incur eligible expenses by the end of the plan year, or forfeit any unspent amounts. But under a special rule, employers may -- if they choose -- offer participating employees more time through either the carryover option or the grace period option.

Under the carryover option, an employee can carry over up to $500 of unused funds to the following plan year; for example, an employee with $500 of unspent funds at the end of 2016 would still have those funds available to use in 2017.

Under the grace period option, an employee has until 2½ months after the end of the plan year to incur eligible expenses -- for example, March 15, 2017, for a plan year ending on Dec. 31, 2016. Employers can offer either option, but not both, or none at all.

Employers are not required to offer FSAs. Accordingly, interested employees should check with their employer to see if they offer an FSA.

More information about FSAs is available in IRS Publication 969.  

Not that you don't have enough to do with the holidays approaching, but the Internal Revenue Service (IRS) is reminding those who are eligible that this is...

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Behind on your taxes? You may lose your passport

Congress can't agree on much, but it seems to agree that being delinquent in paying your income tax -- or being behind in wading through the paperwork -- is grounds for revoking your passport.

This might not sound too bad to most people, but it sounds awful to the 7 million or so Americans living abroad. They need their passport almost daily to attend to chores we take for granted at home. 

They're also likely to have trouble receiving notices from the Internal Revenue Service because of unreliable mail delivery in much of the world and differences in address formats that often don't fit with the IRS' rigid addressing system.

But there it is, buried deep in the massive highway-funding bill, which contains all sorts of provisions that have little or nothing to do with highways. The measure, inserted by nominally tax-hating GOP solons,  has been approved by both the House and Senate and is now in the final moments of being considered by a conference committee before being given final approval.

$50,000 threshold

How much would you have to owe to lose your passport? The bill specifies $50,000 of unpaid taxes, penalties, and interest. That may sound like a lot, but it doesn't take long for penalties and interest to add up. Throw in a year or two of back taxes and any middle-income wage earner or independent contractor could be in trouble.

In the "gig economy," in fact, it's easier than ever to get into trouble with the IRS, since the taxpayer must try to make accurate quarterly payments based on estimated income. Anyone who's done this for more than a few years will tell you it's a recipe for big penalty and interest payments.

Politicians are fond of noting -- sometimes to their detriment -- that more than 40% of Americans pay no income tax at all so Congressional thinking is apparently that it's OK to make up for it by being more penurious with those who do.

The Wall Street Journal says the punitive measure would apply, in most cases, only to those who have been hit with a lien or a levy, something that is not that unusual for the self-employed or for high wage-earners who find themselves in a dispute with the IRS.

If passed in its present form, the measure would take effect Jan. 1 and would apply to existing tax debts. So enjoy the holidays. And pay your taxes. 

Congress can't agree on much, but it seems to agree that being delinquent in paying your income tax -- or being behind in wading through the paperwork -- i...

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Deadline for required retirement plan distributions approaches

If you were born before July 1, 1945, the clock is ticking. Well, that way too, but we're talking about Uncle Sam's clock here.

In this case, you generally are required by the Internal Revenue Service (IRS) to receive payments from your individual retirement arrangement (IRA) and workplace retirement plan by Dec. 31.

Known as required minimum distributions (RMDs), these payments normally must be made by the end of 2015. However, if you are a first-year recipients of these payments -- you reached age 70½ during 2015 -- you can wait until as late as April 1, 2016 to receive your first RMDs.

To clarify, anyone born after June 30, 1944, and before July 1, 1945 is eligible for this special rule. Though payments made to these taxpayers in early 2016 can be counted toward their 2015 RMD, they are still taxable in 2016.

Who else is affected?

The required distribution rules apply to owners of traditional, Simplified Employee Pension (SEP) and Savings Incentive Match Plans for Employees (SIMPLE) IRAs but not Roth IRAs while the original owner is alive. They also apply to participants in various workplace retirement plans, including 401(k), 403(b), and 457(b) plans.

An IRA trustee must either report the amount of the RMD to the IRA owner or offer to calculate it for the owner. Often, the trustee shows the RMD amount on Form 5498 in Box 12b. For a 2015 RMD, this amount is on the 2014 Form 5498 normally issued to the owner during January 2015.

The special April 1 deadline applies only to the RMD for the first year. For all subsequent years, the RMD must be made by Dec. 31. For example, a taxpayer who turned 70½ in 2014 (born after June 30, 1943, and before July 1, 1944) and received the first RMD (for 2014) on April 1, 2015, must still receive a second RMD (for 2015) by Dec. 31, 2015.

Calculating your RMD

The RMD for 2015 is based on the taxpayer’s life expectancy on Dec. 31, 2015, and the account balance on Dec. 31, 2014. The trustee reports the year-end account value to the IRA owner on Form 5498 in Box 5. Use the online worksheets on IRS.gov or find worksheets and life expectancy tables to make this computation in the Appendices to Publication 590-B, Distributions from Individual Retirement Arrangements (IRAs).

For most taxpayers, the RMD is based on Table III (Uniform Lifetime Table) in IRS Publication 590-B. So for a taxpayer who turned 72 in 2015, the required distribution would be based on a life expectancy of 25.6 years. A separate table, Table II, applies to a taxpayer whose spouse is more than 10 years younger and is the taxpayer’s only beneficiary.

Though the RMD rules are mandatory for all owners of traditional, SEP and SIMPLE IRAs and participants in workplace retirement plans, some people in workplace plans can wait longer to receive their RMDs. Usually, employees who are still working can, if their plan allows, wait until April 1 of the year after they retire to start receiving these distributions. See Tax on Excess Accumulations in Publication 575. Employees of public schools and certain tax-exempt organizations with 403(b) plan accruals before 1987 should check with their employer, plan administrator or provider to see how to treat these accruals.

If you were born before July 1, 1945, the clock is ticking. Well, that way too, but we're talking about Uncle Sam's clock here.In this case, you genera...

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Increases in some tax benefits coming for 2016

Annual inflation adjustments for more than 50 tax provisions -- including the tax rate schedules and other tax changes -- are in the works for the 2016 tax year.

According to the Internal Revenue Service, the tax items of greatest interest to most taxpayers include the following dollar amounts:

  • For tax year 2016, the 39.6% tax rate affects single taxpayers whose income exceeds $415,050 ($466,950 for married taxpayers filing jointly), versus $413,200 and $464,850, respectively. The other marginal rates -- 10, 15, 25, 28, 33 and 35% -- and the related income tax thresholds for tax year 2016 are described in Revenue Procedure 2015-53.
  • The standard deduction for heads of household rises to $9,300 for tax year 2016, up $50, from tax year 2015.The other standard deduction amounts for 2016 remain as they were for 2015: $6,300 for singles and married persons filing separate returns and $12,600 for married couples filing jointly
  • The limitation for itemized deductions to be claimed on tax year 2016 returns of individuals begins with incomes of $259,400 or more ($311,300 for married couples filing jointly).
  • The personal exemption for tax year 2016 rises $50 from 2015 -- to $4,050. However, the exemption is subject to a phase-out that begins with adjusted gross incomes of $259,400 ($311,300 for married couples filing jointly). It phases out completely at $381,900 ($433,800 for married couples filing jointly.)
  • The Alternative Minimum Tax exemption amount for tax year 2016 is $53,900 and begins to phase out at $119,700 ($83,800, for married couples filing jointly for whom the exemption begins to phase out at $159,700). The 2015 exemption amount was $53,600 ($3,400 for married couples filing jointly). For tax year 2016, the 28% tax rate applies to taxpayers with taxable incomes above $186,300 ($93,150 for married individuals filing separately).
  • The tax year 2016 maximum Earned Income Credit amount is $6,269 for taxpayers filing jointly who have three or more qualifying children, up $17 from tax year 2015. The revenue procedure has a table providing maximum credit amounts for other categories, income thresholds and phase-outs.
  • For tax year 2016, the monthly limitation for the qualified transportation fringe benefit remains at $130 for transportation, but rises $5 from 2015 -- to $255 for qualified parking.
  • For tax year 2016 participants who have self-only coverage in a Medical Savings Account, the plan must have an annual deductible that is not less than $2,250, up $50 for tax year 2015; but not more than $3,350, $50 more than in tax year 2015. For self-only coverage the maximum out of pocket expense amount remains at $4,450. For tax year 2016 participants with family coverage, the floor for the annual deductible remains as it was in 2015 -- $4,450, however the deductible cannot be more than $6,700, up $50 from the limit for tax year 2015. For family coverage, the out of pocket expense limit remains at $8,150 for tax year 2016 as it was for tax year 2015.
  • For tax year 2016, the adjusted gross income amount used by joint filers to determine the reduction in the Lifetime Learning Credit rises $1,000 from tax year 2015 -- to $111,000.
  • For tax year 2016, the foreign earned income exclusion is $101,300, up $400 from tax year 2015.
  • Estates of decedents who die during 2016 have a basic exclusion amount of $5,450,000, compared with a total of $5,430,000 for estates of decedents who died in 2015.

Annual inflation adjustments for more than 50 tax provisions -- including the tax rate schedules and other tax changes are in the works for the 2016 tax ye...

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Tax-filing extension deadline approaches

If you're one of those taxpayers who got an extension back in April for filing your federal income tax return, be advised that the clock is ticking

With the extension running out on Oct. 15, the Internal Revenue Service (IRS) is advising you to double-check your return for often-overlooked tax benefits and then file electronically using IRS e-file or the Free File system.

About a quarter of the 13 million taxpayers who requested an automatic six-month extension this year have yet to file. While Oct. 15 is the last day for most people, some still have more time, including members of the military and others serving in combat zone localities who typically have until at least 180 days after they leave the combat zone to both file returns and pay any taxes due.

“If you still need to file, don’t forget that you can still file electronically through October 15,” said IRS Commissioner John Koskinen. “Free File is free tax software that takes the guesswork out of return preparation. Even if you’re filing in the final days, filing electronically remains easy, safe and the most accurate way to file your taxes.”

Check out tax benefits

Before you file, the IRS encourages you to take a moment to see if you qualify for these and other often-overlooked credits and deductions:

  • Benefits for low-and moderate-income workers and families, especially the Earned Income Tax Credit. The special EITC Assistant can help taxpayers see if they’re eligible.
  • Savers credit, claimed on Form 8880, for low-and moderate-income workers who contributed to a retirement plan, such as an IRA or 401(k).
  • American Opportunity Tax Credit, claimed on Form 8863, and other education tax benefits for parents and college students.

Health care tax reporting

While most taxpayers will simply need to check a box on their tax return to indicate they had health coverage for all of 2014, there are also new lines on Forms 1040, 1040A and 1040EZ related to the health care law. Visit IRS.gov/aca for details on how the Affordable Care Act affects the 2014 return.

This includes:

  • Reporting health insurance coverage.
  • Claiming an exemption from the coverage requirement.
  • Making an individual shared responsibility payment.
  • Claiming the premium tax credit.
  • Reconciling advance payments of the premium tax credit. Properly doing so can help maintain continued eligibility for premium assistance in 2016.

The Interactive Tax Assistant tool can also help a taxpayer determine if he qualifies for an exemption, needs to make a payment, or is eligible for the premium tax credit.

Taxpayers who intend to claim the Health Coverage Tax Credit for 2014 must first file an original 2014 tax return without claiming the HCTC, even if they have no other filing requirement. They can then file an amended return when the IRS issues further HCTC guidance. Updates can be found here.

If you're one of those taxpayers who got an extension back in April for filing your federal income tax return, be advised that the clock is ticking With t...

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Parents and Students: Don't forget college tax credits

With young adults heading off -- or back -- to college, this is a good time for parents and students to see if they will qualify for either of 2 college tax credits or other education-related tax benefits when they file their 2015 federal income tax returns.

The American Opportunity Tax Credit or Lifetime Learning Credit is generally available to taxpayers who pay qualifying expenses for an eligible student.

Eligible students include the taxpayer, spouse, and dependents. The American Opportunity Tax Credit provides a credit for each eligible student, while the Lifetime Learning Credit provides a maximum credit per tax return.

Though a taxpayer often qualifies for both of these credits, he or she can only claim one of them for a particular student in a particular year. To claim these credits on their tax return, the taxpayer must file Form 1040 or 1040A and complete Form 8863, Education Credits.

The credits apply to eligible students enrolled in an eligible college, university, or vocational school, including both nonprofit and for-profit institutions. The credits are subject to income limits that could reduce the amount claimed on their tax return.

Are you eligible?

To help determine eligibility for these benefits, taxpayers should visit the Education Credits web page or use the IRS’s Interactive Tax Assistant tool.

Normally, a student will receive a Form 1098-T from his or her institution by Jan. 31 of the following year. (For 2015, the due date is Feb. 1, 2016, because otherwise it would fall on a Sunday.)

This form will show information about tuition paid or billed along with other information. However, amounts shown on this form may differ from amounts taxpayers are eligible to claim for these tax credits. Taxpayers should see the instructions to Form 8863 and Publication 970 for details on properly figuring allowable tax benefits.

Tax credit features

Many of those eligible for the American Opportunity Tax Credit qualify for the maximum annual credit of $2,500 per student. Students can claim this credit for qualified education expenses paid during the entire tax year for a certain number of years:

  • The credit is only available for four tax years per eligible student.
  • The credit is available only if the student has not completed the first four years of postsecondary education before 2015.

Here are some more key features of the credit:

  • Qualified education expenses are amounts paid for tuition, fees, and other related expenses for an eligible student. Other expenses, such as room and board, are not qualified expenses.
  • The credit equals 100% of the first $2,000 spent and 25% of the next $2,000. That means the full $2,500 credit may be available to a taxpayer who pays $4,000 or more in qualified expenses for an eligible student.
  • Forty percent of the American Opportunity Tax Credit is refundable. This means that even people who owe no tax can get an annual payment of up to $1,000 for each eligible student.
  • The full credit can be claimed only by taxpayers whose modified adjusted gross income (MAGI) is $80,000 or less. For married couples filing a joint return, the limit is $160,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $180,000 or more and singles, heads of household, and some widows and widowers whose MAGI is $90,000 or more.

The Lifetime Learning Credit of up to $2,000 per tax return is available for both graduate and undergraduate students. Unlike the American Opportunity Tax Credit, the limit on the Lifetime Learning Credit applies to each tax return, rather than to each student. Also, the Lifetime Learning Credit does not provide a benefit to people who owe no tax.

Though the half-time student requirement does not apply to the lifetime learning credit, the course of study must be either part of a post-secondary degree program or taken by the student to maintain or improve job skills.

Other features of the credit include:

  • Tuition and fees required for enrollment or attendance qualify as do other fees required for the course. Additional expenses do not.
  • The credit equals 20% of the amount spent on eligible expenses across all students on the return. That means the full $2,000 credit is only available to a taxpayer who pays $10,000 or more in qualifying tuition and fees and has sufficient tax liability.
  • Income limits are lower than under the American Opportunity Tax Credit. For 2015, the full credit can be claimed by taxpayers whose MAGI is $55,000 or less. For married couples filing a joint return, the limit is $110,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $130,000 or more and singles, heads of household, and some widows and widowers whose MAGI is $65,000 or more.
  • Eligible parents and students can get the benefit of these credits during the year by having less tax taken out of their paychecks. They can do this by filling out a new Form W-4, claiming additional withholding allowances, and giving it to their employer.

Other benefits

There are a variety of other education-related tax benefits that can help many taxpayers. They include:

  • Scholarship and fellowship grants -- generally tax-free if used to pay for tuition, required enrollment fees, books, and other course materials, but taxable if used for room, board, research, travel, or other expenses.
  • Student loan interest deduction of up to $2,500 per year.
  • Savings bonds used to pay for college -- though income limits apply; interest is usually tax-free if bonds were purchased after 1989 by a taxpayer who, at time of purchase, was at least 24 years old.
  • Qualified tuition programs, also called 529 plans, used by many families to prepay or save for a child’s college education.
  • Taxpayers with qualifying children who are students up to age 24 may be able to claim a dependent exemption and the Earned Income Tax Credit.

The general comparison table in Publication 970 can be a useful guide to taxpayers in determining eligibility for these benefits.  

With young adults heading off -- or back -- to college, this is a good time for parents and students to see if they will qualify for either of 2 college ta...

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The old IRS dogs are back with some new tricks

Yet another warning from the Internal Revenue Service (IRS) that tax scammers have an ever-evolving array of deceitful tactics to con people.

These schemes -- which can occur over the phone, in e-mails or through letters with authentic looking letterhead -- try to trick you into providing personal financial information or scare you into making a false tax payment that ends up with the criminal.

Thousands of victims, millions of dollars

The Treasury Inspector General for Tax Administration (TIGTA) has received reports of roughly 600,000 contacts since October 2013 and aware of nearly 4,000 victims who have collectively reported over $20 million in financial losses as a result of tax scams.

“We continue to see these aggressive tax scams across the country,” IRS Commissioner John Koskinen said. “Scam artists specialize in being deceptive and fooling people. The IRS urges taxpayers to be extra cautious and think twice before answering suspicious phone calls, emails or letters.”

Scammers posing as IRS agents first targeted those they viewed as most vulnerable, such as seniors, newly arrived immigrants and those whose first language is not English. These crooks have expanded their net and are now targeting virtually anyone.

A new twist

In a new variation, scammers alter what appears on your telephone caller ID to make it seem like they are with the IRS or another agency such as the Department of Motor Vehicles. They use fake names, titles and badge numbers. They use online resources to get your name, address and other details about your life to make the call sound official. They even go as far as copying official IRS letterhead for use in email or regular mail.

The most brazen of the bunch will even provide their victims with directions to the nearest bank or business where the victim can obtain a means of payment such as a debit card. And in another new variation of these scams, con artists may then provide an actual IRS address where the victim can mail a receipt for the payment -- all in an attempt to make the scheme look official.

The most common theme with these tricks seems to be fear. Scammers try to scare people into reacting immediately without taking a moment to think through what is actually happening. They often angrily threaten police arrest, deportation, license revocation or other similarly unpleasant things. They may also leave “urgent” callback requests, sometimes through “robo-calls,” via phone or email. The emails will often contain a fake IRS document with a telephone number or email address for your reply.

It is important to remember the official IRS website is IRS.gov. Don't be confused or misled by sites claiming to be the IRS but ending in .com, .net, .org or other designations instead of .gov. Don't ever provide personal information, financial or otherwise, to suspicious websites or strangers calling out of the blue.

The “tells”

Here are 5 things scammers often do that the real IRS would never do.

The IRS will never:

  • Angrily demand immediate payment over the phone, nor will the agency call about taxes owed without first having mailed you a bill.
  • Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.
  • Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
  • Require you to use a specific payment method for your taxes, such as a prepaid debit card.
  • Ask for credit or debit card numbers over the phone.

What to do

If you think you’re the target of an IRS impersonation scam, here are some actions you can take:

  • If you actually do owe taxes, call the IRS at 1-800-829-1040. IRS workers can help you with a payment issue.
  • If you know you don’t owe taxes or do not immediately believe that you do, you can report the incident to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484.
  • If you’ve been targeted by any scam, be sure to contact the Federal Trade Commission and use their “FTC Complaint Assistant” at FTC.gov. Add “IRS Telephone Scam” to the comments of your complaint.

Yet another warning from the Internal Revenue Service (IRS) that tax scammers have an ever-evolving array of deceitful tactics to con people. These schemes...

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National Taxpayer Advocate: It was generally a successful tax filing season

In her statutorily mandated mid-year report to Congress, National Taxpayer Advocate Nina E. Olson says the IRS ran a generally successful filing season under difficult circumstances.

“With funding down about 17% on an inflation-adjusted basis since FY 2010, and with the IRS having had to implement large portions of the [ACA] (Obamacare) and the Foreign Account Tax Compliance Act (FATCA) this year without any supplemental funding, sharp declines in taxpayer service were inevitable,” she wrote.

Olson likened the 2015 filing season to “A Tale of Two Cities” saying, “For the majority of taxpayers who filed their returns and did not require IRS assistance, the filing season was generally successful. For the segment of taxpayers who required help from the IRS, the filing season was by far the worst in memory.”

Highlights and lowlights

According to the report:

  • The IRS processed 126.1 million individual tax returns compared with 125.6 million last year, and issued 91.8 million refunds (versus 94.8 million last year. The average refund amount was $2,711; it was $2,686 last year.
  • The IRS answered only 37% of taxpayer calls routed to customer service representatives overall, and the hold time for taxpayers who got through averaged 23 minutes. That represents a sharp drop-off from the 2014 filing season, when the IRS answered 71% of its calls and hold times averaged about 14 minutes.
  • The IRS answered only 39% of calls from taxpayers seeking assistance from the Taxpayer Advocate Service (TAS) on the National Taxpayer Advocate (NTA) Toll-Free hotline, and hold times averaged 19 minutes. TAS serves as the IRS’s “safety net” for taxpayers who are experiencing a financial or systemic hardship as a result of IRS action or inaction.
  • Only 17% of calls were answered from taxpayers who called after being notified that their tax returns had been blocked by the Taxpayer Protection Program (TPP) on suspicion of identity theft, and the hold times averaged about 28 minutes. In 3 consecutive weeks during the filing season, the IRS answered fewer than 10% of these calls.
  • The tax agency answered only 45% of calls from practitioners who called the IRS on the Practitioner Priority Service line, and hold times averaged 45 minutes.
  • The number of “courtesy disconnects” received by taxpayers calling the IRS skyrocketed from about 544,000 in 2014 to about 8.8 million this filing season -- an increase of more than 1,500%. The term “courtesy disconnect” is used when the IRS essentially hangs up on a taxpayer because its switchboard is overloaded and cannot handle additional calls.
  • The decline in telephone performance can be attributed largely to three factors: The number of taxpayer calls routed to telephone assistors increased by 41%, the number of calls answered by telephone assistors decreased by 26%, and the average call duration increased by 10%.
  • The IRS sharply restricted the availability of paper copies of forms and publications, imposing burden on taxpayers without Internet access or online literacy. The IRS’s own Taxpayer Assistance Centers (TACs) and its Tax Form Outlet Partners such as libraries and post offices did not receive forms until February 28, almost halfway through the filing season. Once a TAC ran out of forms or publications, it could not order more.

Olson says the decline in taxpayer service imposes increased compliance burdens on taxpayers and may lead to erosion in taxpayer trust. “For a tax system that relies on voluntary self-assessment by its taxpayers, none of this bodes well,” she wrote. “In fact, there is a real risk that the inability of taxpayers to obtain assistance from the government, and their consequent frustration, will lead to less voluntary compliance and more enforced compliance.”

Affordable Care Act impact

The report says the most significant new challenge the IRS faced during the 2015 filing season was the processing of tax returns reflecting two central provisions of the ACA -- the Premium Tax Credit (PTC) and the Individual Shared Responsibility Payment (ISRP).

Overall, the report credits the IRS with doing a commendable job implementing those provisions, including by developing or updating information technology systems, issuing guidance, and working with other federal agencies.

The report says there were some significant glitches that occurred during the filing season, but most were not attributable to IRS error. The most significant was the Center for Medicare and Medicaid Services’ issuance of erroneous Forms 1095-A, Health Insurance Marketplace Statement, to about 800,000 individuals who had purchased health insurance from the federal Exchange.

The Treasury Department addressed the mistake by issuing taxpayer-favorable guidance informing taxpayers who had already filed returns based on the incorrect information that they did not need to file amended returns and pledging that the IRS would not pursue the collection of any additional tax based on the updated information in the corrected forms.

The IRS answered about 68% of taxpayer telephone calls on ACA issues that were routed to telephone assistors, which far exceeded the overall average on its customer service lines of about 37%.

The report says a primary ACA focus for TAS during the upcoming year will be to train its Case Advocates to better assist taxpayers requiring assistance, notably on ACA collection activities and the Employer Shared Responsibility Payment provision.

TAS will also continue to participate on internal IRS working groups to present a taxpayer perspective on ACA issues and raise concerns it identifies through its casework and other sources.

In her statutorily mandated mid-year report to Congress, National Taxpayer Advocate Nina E. Olson says the IRS ran a generally successful filing season un...

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IRS offers summertime tax tips

Nothing better to do this summer?

The IRS is offering tax tips to help you get a jump start on this year’s taxes. The agency says more than 660,000 subscribers already receive them.

Starting July 1, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Subscribers receive a new Tip via email three times a week during July and August, and a Tax Tip each weekday during the tax filing season.

Special Edition Tax Tips on important tax topics are issued throughout the year.

Range of topics

IRS Tax Tips are plain language messages that are easy to understand and cover a wide range of topics. They often include links to helpful IRS.gov references, IRS YouTube videos and podcasts.

Topics include:

  • Ten things to know about identity theft and your taxes

  • Visit IRS.gov this Summer

  • Don't fall for phone scams from IRS posers

  • Tax Tips about hobbies that earn income

  • Tips on the tax effects of divorce or separation

  • Back-to-school tips for students and parents paying college expenses

You can sign up to receive IRS Tax Tips automatically each day via email through a free service on www.irs.gov. From the Subscriptions link on the top right of the IRS website, choose “IRS Tax Tips” on the drop-down menu, and then click on “Subscribe.” Click on “more” to subscribe to the IRS Tax Tips in Spanish.

Nothing better to do this summer? The IRS is offering tax tips to help you get a jump start on this year’s taxes. The agency says more than 660,000 subscri...

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The clock is ticking for the tax-filing deadline

With the tax-filing deadline hours away, there are some things you need to do -- fast. But in your haste, you don't want to do things that can cause you trouble.

To that end, the Internal Revenue Service (IRS) offers the following tips:

File electronically

Doing so, whether through e-file or IRS Free File, vastly reduces tax return errors, as the tax software does the calculations, flags common errors and prompts taxpayers for missing information. And best of all, there is a free option for everyone. Whether filing electronically or on paper, be sure to make a copy of the return.

Check out tax benefits

Take a moment to see if you qualify for these and other often-overlooked credits and deductions:

  • Benefits for low-and moderate-income workers and families, especially the Earned Income Tax Credit. The special EITC Assistant can help you see if your eligible.
  • Savers credit, claimed on Form 8880, for low-and moderate-income workers who contributed to a retirement plan, such as an IRA or 401(k).
  • American Opportunity Tax Credit, claimed on Form 8863, and other education tax benefits for parents and college students. Because limits and special rules apply to each of these benefits, the agency’s Interactive Tax Assistant, available on IRS.gov, can be a very useful tool.

Health care tax reporting

While most taxpayers will simply need to check a box on their tax return to indicate they had health coverage for all of 2014, there are also new lines on Forms 1040, 1040A and 1040EZ related to the health care law. Visit IRS.gov for details on how the Affordable Care Act affects the 2014 return. This includes:

  • Reporting health insurance coverage.
  • Claiming an exemption from the coverage requirement.
  • Making an individual shared responsibility payment.
  • Claiming the premium tax credit.
  • Reconciling advance payments of the premium tax credit.

The Interactive Tax Assistant tool can also help.

Make the right IRA contribution

Eligible taxpayers have until April 15 to contribute to either a Roth or traditional individual retirement arrangement (IRA) for 2014. A six percent excise tax applies if a taxpayer contributes more than the law allows. Publication 590-A describes the limits in detail and includes examples.

Gifts to Charity

A new law gives taxpayers the option of claiming on their 2014 return cash contributions made by April 15 to charities aiding the families of two slain New York police officers. Details are on IRS.gov.

If claiming a charitable contribution deduction, use the IRS Select Check tool to see if a charity is eligible to receive tax-deductible donations. For donations of $250 or more, taxpayers must obtain a written acknowledgment from the charity before filing a return.

IRS Publication 526 has further details on making gifts to charity, including records to keep. In addition, special reporting requirements generally apply to vehicle donations, and taxpayers wishing to claim these donations must attach any required documents to their return.

Refunds

Most taxpayers claiming refunds now choose to receive them by direct deposit. A taxpayer can choose to deposit a refund in a single account at a bank or other financial institution or allocate it among as many as two or three accounts. See Form 8888 for details.

To avoid a refund delay or misrouting to a wrong account, make sure the financial institution routing and account numbers entered on the return are accurate. After filing, whether or not direct deposit was chosen, track the status of a refund with the Where's My Refund? tool on IRS.gov or IRS2Go.

Special instructions for paper filers

Math errors and other mistakes are common on paper returns, especially those prepared or filed in haste at the last minute. These tips may help those choosing this option:

  • Fill in all requested Taxpayer Identification Numbers, usually Social Security Numbers, such as those for any dependents claimed. Check only one filing status and the appropriate exemption boxes.
  • When using the tax tables, be sure to use the correct row and column for the filing status claimed and taxable income amount shown.
  • Sign and date the return. If filing a joint return, both spouses must sign.
  • Attach all required forms and schedules, such as Schedule A for people who itemize their deductions. In addition, attach to the front of the return all Forms W-2 and other forms reflecting withholding.
  • Mail the return to the right address. Check Where to File on IRS.gov or the last page of the tax instructions. If mailing on Wednesday, April 15, be sure to do so early enough to meet the scheduled pick-up time and ensure a postmark before the midnight deadline.

Need more time to file?

Avoid a late-filing penalty by requesting a tax-filing extension. There are several ways to do so, including through the Free File link on IRS.gov, or by designating a payment as an extension payment and making it via one of the IRS e-payment methods, including the newest, IRS Direct Pay. Alternatively, taxpayers can file Form 4868. While an extension grants additional time to file, tax payments are still due April 15.

Owe tax?

If so, use IRS Direct Pay or any of several other e-payment options. They are secure and easy and you receive immediate confirmation of your payment. Or, send a check or money order payable to the “United States Treasury,” along with a Form 1040-V payment voucher. Taxpayers who can’t pay by April 15 often qualify to set up a monthly payment agreement with the IRS using the Online Payment Agreement option on IRS.gov.

With the tax-filing deadline hours away, there are some things you need to do -- fast. But in your haste, you don't want to do things that can cause you tr...

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Nobody's perfect, but following these tax-filing tips can help you come close

With the federal income tax-filing deadline just more than a week off, you want to be sure you do whatever you can from to keep being tardy.

The Internal Revenue Service (IRS) is offering the following tips:

  • File electronically. Filing electronically, whether through e-file or IRS Free File, vastly reduces tax return errors, as the tax software does the calculations, flags common errors and prompts taxpayers for missing information. And best of all, there is a free option for everyone.
  • Mail a paper return to the right address. Paper filers should check IRS.gov or their form instructions for the appropriate address where to file to avoid processing delays.
  • Take a close look at the tax tables. When figuring tax using the tax tables, taxpayers should be sure to use the correct column for the filing status claimed.
  • Fill in all requested information clearly. When entering information on the tax return, including Social Security numbers, take the time to be sure it is correct and easy to read. Also, check only one filing status and the appropriate exemption boxes.
  • Review all figures. While software catches and prevents many errors on e-file returns, math errors remain common on paper returns.
  • Get the right routing and account numbers. Requesting direct deposit of a federal refund into one, two or even three accounts is convenient and allows the taxpayer access to his or her money faster. Make sure the financial institution routing and account numbers entered on the return are accurate. Incorrect numbers can cause a refund to be delayed or deposited into the wrong account.
  • Sign and date the return. If filing a joint return, both spouses must sign and date the return. E-filers can sign using a self-selected personal identification number (PIN).
  • Attach all required forms. Paper filers need to attach W-2s and other forms that reflect tax withholding, to the front of their returns. If requesting a payment agreement with the IRS, also attach Form 9465 to the front of the return. Attach all other necessary schedules and forms in the sequence number order shown in the upper right-hand corner.
  • Keep a copy of the return. Once ready to be filed, taxpayers should make a copy of their signed return and all schedules for their records.
  • Request a Filing Extension. For taxpayers who cannot meet the April 15 deadline, requesting a filing extension is easy and will prevent late filing penalties. Either use Free File or Form 4868. But keep in mind that while an extension grants additional time to file, tax payments are still due April 15.
  • Owe tax? If so, a number of e-payment options are available. Or send a check or money order payable to the “United States Treasury.”

With the federal income tax-filing deadline just more than a week off, you want to be sure you do whatever you can from to keep being tardy. The Internal ...

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Options are available to those who owe taxes

You just realized that you're going to have to send Uncle Sam some of your hard earned money to settle up your taxes.

The Internal Revenue Service (IRS) says it’s “easier than ever" to pay taxes electronically, and for those who can’t pay on time, “quick and easy solutions are available.” That may be debatable, but there are some options for you.

Among them:

  • IRS Direct Pay. Available at IRS.gov/directpay, this free online tool allows individuals to securely pay their income tax directly and securely from checking or savings accounts without any fees or pre-registration. No need to write a check, buy a stamp or find a mailbox. Payments can even be scheduled up to 30 days in advance, and the tool is available round the clock. Any taxpayer who uses the tool receives instant confirmation that their payment was submitted.
  • Electronic Federal Tax Payment System. This free service gives taxpayers a safe and convenient way to pay individual and business taxes by phone or online. To enroll or for more information, call 800-316-6541 or visit www.eftps.gov.
  • Electronic funds withdrawal. E-file and e-pay in a single step.
  • Credit or debit card. Both paper and electronic filers can pay their taxes by phone or online through any of several authorized credit and debit card processors. Though the IRS does not charge a fee for this service, the card processors do.

Taxpayers who choose to pay by check or money order should make the payment out to the “United States Treasury.” Also, print on the front of the check or money order: “2014 Form 1040”; name; address; daytime phone number; and Social Security number.

To help insure that the payment is credited promptly, also enclose a Form 1040-V payment voucher.

You should file either a regular income tax return or a request for a tax-filing extension by this year’s April 15 deadline to avoid stiff late-filing penalties.

Got the shorts?

Taxpayers who owe, but can’t pay the balance in full, have some options. Some may qualify for payment plans and other relief.

In many cases, those struggling with unpaid taxes qualify for one of several relief programs, including the following:

Most people can set up a payment agreement with the IRS online in a matter of minutes. Those who owe $50,000 or less in combined tax, penalties and interest can use the Online Payment Agreement to set up a monthly payment agreement for up to 72 months. Taxpayers can choose this option even if they have not yet received a bill or notice from the IRS. With the Online Payment Agreement, no paperwork is required, there is no need to call, write or visit the IRS and qualified taxpayers can avoid the filing of a Notice of Federal Tax Lien if one was not previously filed. Alternatively, taxpayers can request a payment agreement by filing Form 9465. This form can be downloaded from IRS.gov and mailed along with a tax return, bill or notice.

Some struggling taxpayers may qualify for an offer-in-compromise. This is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay. To help determine eligibility, use the Offer in Compromise Pre-Qualifier, a free online tool available on IRS.gov. Details on all filing and payment options are on IRS.gov.

You just realized that you're going to have to send Uncle Sam some of your hard earned money to settle up your taxes. The Internal Revenue Service (IRS) s...

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Need more time to prepare your tax return? Get it now

With just over 2 weeks to go before the federal tax-filing deadline, a lot of folks are beginning to realize they are nowhere near ready to send in their returns.

Not a problem, says the Internal Revenue Service (IRS). The tax agency says it's actually easy to get more time; in fact, it can even be done online.

Chill out

If you haven’t yet filed, the IRS has this advice: Don’t panic. Taxpayers who need more time to complete their tax return can request an automatic 6-month extension.

The fastest and easiest way to get the extra time is through the Free File link on IRS.gov. In a matter of minutes, anyone, regardless of income, can use this free service to request an extension on Form 4868.

Filing this form gives you until Oct. 15 to file a return. To get the extension, taxpayers must estimate their tax liability on this form and should also pay any amount due.

No free pass

The IRS stresses that a request for an extension will give extra time to file a tax return -- not extra time to pay any taxes owed. By filing either a regular tax return or requesting an extension by the April 15 filing deadline, taxpayers will avoid a stiff penalty -- the late-filing penalty. Taxpayers should file even if they can’t pay the full amount of taxes they owe.

The late-filing penalty, normally 5% per month based on the unpaid tax balance, applies to returns filed after the April 15 filing deadline. In addition, any payment made with an extension request will reduce or eliminate interest and late-payment penalties that apply to payments made after April 15.

The interest rate is currently 3% per year, compounded daily, and the late-payment penalty is normally 0.5% per month.

No need to ask

Some taxpayers get more time to file without having to ask for an extension. These include:

  • Taxpayers abroad. U.S. citizens and resident aliens who live and work abroad, as well as members of the military on duty outside the U.S., have until June 15 to file. Tax payments are still due April 15.
  • Members of the military and others serving in Afghanistan or other combat zone localities. Typically, taxpayers can wait until at least 180 days after they leave the combat zone to file returns and pay any taxes due. For details, see Extensions of Deadlines in Publication 3, Armed Forces’ Tax Guide.
  • People affected by certain recent natural disasters.

With just over 2 weeks to go before the federal tax-filing deadline, a lot of folks are beginning to realize they are nowhere near ready to send in the ret...

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Identity thieves keep busy as this year's tax deadline approaches

With less than a month to go before this year's federal income tax filing deadline, that still leaves plenty of time for identity thieves and other forms of scammer to try and enrich themselves at your expense.

Of course, various forms of IRS scam have existed for almost as long as the IRS itself, but this year, the particular problem of IRS-related identity theft rose to national prominence after Minnesota briefly stopped accepting state tax returns e-filed through TurboTax, because too many scammers were using it to file fraudulent tax returns in the names of legitimate state taxpayers.

Minnesota soon lifted the ban and allowed TurboTax e-filing again – but in the meantime, the revenue commissioners from multiple other U.S. states announced that they would be delaying the payment of state tax refunds in order to double-check for fraud.

Last August, the Government Accountability Office conducted an investigation which concluded that the IRS may have lost $5.8 billion paying out fraudulent tax returns for the 2013 tax filing season. (That loss is limited to the federal level; there's no knowing how many fraudulent returns were paid by income-tax-collecting states.)

The GAO report also noted that for those honest taxpayers whose identities were used to file fraudulent returns, the taxpayers had to wait an average of 300 days to see resolution on their cases.

Earlier this month, U.S. senator Sherrod Brown (D-Ohio) proposed a bill (summary available in downloadable .pdf form here) called the Identity Theft and Tax Fraud Prevention Act of 2015, which, among other things, would:

  • call for the IRS to resolve and close identity theft cases within 90 days;
  • require the IRS to assign ID victims a “single point of contact” rather than have to explain their entire situation to a brand-new IRS employee who knows nothing of their case, every time they contact the agency;
  • give taxpayers the ability to “opt-out” of electronic filing (thus making it impossible for scammers to e-file fraudulent returns in their names);
  • inform identity theft victims if the thief who stole their identity has been caught; and
  • a few additional protections.

The bill's six co-sponsors, all Democrats, are Bill Nelson of Florida, Benjamin Cardin of Maryland, Dianne Feinstein of California, Amy Klobuchar of Minnesota, and Kirsten Gillibrand and Charles Schumer of New York.

With less than a month to go before this year's federal income tax filing deadline, that still leaves plenty of time for identity thieves and other forms o...

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Deadline to take required retirement plan distributions is approaching

If you turned 70½ during 2014, the clock is ticking.

No, not that way but in terms of receiving your required minimum distribution (RMD) from your Individual Retirement Account (IRA) and workplace retirement plan. You have until Wednesday, April 1.

According to the Internal Revenue Service (IRS), the April 1 deadline applies to owners of traditional IRAs but not Roth IRAs. Normally, it also applies to participants in various workplace retirement plans, including 401(k), 403(b) and 457 plans.

Additionally, the April 1 deadline applies only to the required distribution for the first year. For all subsequent years, the RMD must be made by Dec. 31. So, if you turned 70½ last year and receive the first required payment on April 1, for example, you must still take the second RMD by Dec. 31, 2015.

Calculating the RMD

Affected taxpayers who turned 70½ during 2014 must figure the RMD for the first year using the life expectancy as of their birthday in 2014 and their account balance on Dec. 31, 2013. The trustee reports the year-end account value to the IRA owner on Form 5498 in Box 5. Worksheets and life expectancy tables for making this computation can be found in the Appendices to  Publication 590-B.

Most taxpayers use Table III (Uniform Lifetime) to figure their RMD. For a taxpayer who reached age 70½ in 2014 and turned 71 before the end of the year, for example, the first required distribution would be based on a distribution period of 26.5 years. A separate table, Table II, applies to a taxpayer married to a spouse who is more than 10 years younger and is the taxpayer’s only beneficiary.

Exceptions

Though the April 1 deadline is mandatory for all owners of traditional IRAs and most participants in workplace retirement plans, some people with workplace plans can wait longer to receive their RMD.

Usually, employees who are still working can, if their plan allows, wait until April 1 of the year after they retire to start receiving these distributions. See Tax on Excess Accumulation in Publication 575.

Employees of public schools and certain tax-exempt organizations with 403(b) plan accruals before 1987 should check with their employer, plan administrator or provider to see how to treat these accruals.

The IRS encourages taxpayers to begin planning now for any distributions required during 2015. An IRA trustee must either report the amount of the RMD to the IRA owner or offer to calculate it for the owner. Often, the trustee shows the RMD amount in Box 12b on Form 5498.

For a 2015 RMD, this amount would be on the 2014 Form 5498 that is normally issued in January 2015.

More information on RMDs, including answers to frequently asked questions, may be found on IRS.gov.

If you turned 70½ during 2014, the clock is ticking. No, not that way but in terms of receiving your required minimum distribution (RMD) from your Indivi...

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Good records key to claiming gifts to charity

You're a good person -- you contribute to worthwhile charities, right?

The Internal Revenue Service (IRS) says that in order to make sure you claim all those donations when you file your federal tax return you need to make sure you have accurate record.

In particular, this includes insuring you have received required statements for 2 contribution categories: each gift of at least $250 and donations of vehicles.

What the law requires

First, to claim a charitable contribution deduction, donors must get a written acknowledgment from the charity for all contributions of $250 or more -- both cash and property. For the latter, the acknowledgment must include -- among other things -- a description of the items contributed.

In addition, the law requires that taxpayers have all acknowledgments in hand before filing their tax return. These acknowledgments are not filed with the return but must be retained along with other tax records.

Second, special reporting requirements generally apply to vehicle donations, and taxpayers wishing to claim these donations must attach any required documents to their tax return. The deduction for a car, boat or airplane donated to charity is usually limited to the gross proceeds from its sale.

This rule applies if the claimed value is more than $500. Form 1098-C or a similar statement, must be provided to the donor by the organization and attached to the donor’s tax return.

The IRS says taxpayers should be sure any charity they are giving to is a qualified organization. Only donations to eligible organizations are tax-deductible. Select Check, a searchable online tool available on IRS.gov, lists most organizations that are eligible to receive deductible contributions.

In addition, churches, synagogues, temples, mosques and government agencies are eligible even if they are not listed in the tool’s database.

Who can claim

Only taxpayers who itemize their deductions on Form 1040 Schedule A can claim gifts to charity. Thus, taxpayers who choose the standard deduction cannot deduct their charitable contributions. This includes anyone who files a short form (Form 1040A or 1040EZ).

A taxpayer will have a tax savings only if the total itemized deductions (mortgage interest, charitable contributions, state and local taxes, etc.) exceed the standard deduction. Use the 2014 Form 1040, Schedule A to determine whether itemizing is better than claiming the standard deduction.

Besides Schedule A, taxpayers who give property to charity usually must attach a special form for reporting these noncash contributions. If the amount of the deduction for all noncash contributions is over $500, a properly-completed Form 8283 is required.

You're a good person -- you contribute to worthwhile charities, right? The Internal Revenue Service (IRS) says that in order to make sure you claim all th...

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Uncle Sam may have some money for you

Even if you didn't file a federal income tax return for 2011, you may have some money waiting for you.

The Internal Revenue Service (IRS) says it has refunds totaling $1 billion waiting for an estimated 1 million taxpayers. To collect the money, you have to file a 2011 tax return no later than Wednesday, April 15, 2015.

"Time is running out for people who didn’t file a 2011 federal income tax return to claim their refund," said IRS Commissioner John Koskinen. "People could be missing out on a substantial refund, especially students or part-time workers. Some people may not have filed because they didn’t make much money, but they may still be entitled to a refund.”

The IRS estimates half of the potential refunds for 2011 are more than $698.

How it works

In cases where a tax return was not filed, the law provides most taxpayers with a 3-year window of opportunity for claiming a refund. For 2011 tax returns, the window closes this April 15. If no return is filed to claim a refund within 3 years, the money becomes property of the U.S. Treasury.

The law requires the tax return be properly addressed, mailed and postmarked by that date. There is no penalty for filing a late return that qualifies for a refund.

A reminder: Your check may be held if you haven’t filed tax returns for 2012 and 2013. In addition, the refund will be applied to any amounts still owed to the IRS, or your state tax agency, and may be used to offset unpaid child support or past due federal debts, such as student loans.

A lot at stake

By failing to file a tax return, people stand to lose more than just their refund of taxes withheld or paid during 2011. Many low-and-moderate income workers may not have claimed the Earned Income Tax Credit (EITC).

For 2011, the credit is worth as much as $5,751. The EITC helps individuals and families whose incomes are below certain thresholds. The thresholds for 2011 were:

  • $43,998 ($49,078 if married filing jointly) for those with three or more qualifying children,
  • $40,964 ($46,044 if married filing jointly) for people with two qualifying children,
  • $36,052 ($41,132 if married filing jointly) for those with one qualifying child, and
  • $13,660 ($18,740 if married filing jointly) for people without qualifying children.

Current and prior year tax forms and instructions are available on the IRS.gov Forms and Publications page, or by calling toll-free: 800-TAX-FORM (800-829-3676).

Taxpayers who are missing Forms W-2, 1098, 1099 or 5498 for the years: 2011, 2012 or 2013 should request copies from their employer, bank or other payer.

If these efforts are unsuccessful, taxpayers can get a free transcript showing information from these year-end documents by going to IRS.gov. Taxpayers can also file Form 4506-T to request a transcript of their tax return.

Where they are

Individuals who did not file a 2011 return with a potential refund:

State or District

Estimated

Number of

Individuals

Median

Potential

Refund

Total

Potential

Refunds*

Alabama

19,900

$693

$17,794,000

Alaska

5,300

$795

$5,703,000

Arizona

27,700

$618

$23,649,000

Arkansas

10,600

$678

$9,371,000

California

103,700

$627

$92,209,000

Colorado

21,100

$668

$19,258,000

Connecticut

13,400

$777

$13,415,000

Delaware

4,800

$726

$4,579,000

District of Columbia

3,900

$736

$3,812,000

Florida

67,500

$720

$64,106,000

Georgia

36,200

$628

$31,250,000

Hawaii

7,100

$742

$6,842,000

Idaho

4,700

$595

$3,838,000

Illinois

44,000

$763

$43,177,000

Indiana

23,900

$732

$22,135,000

Iowa

11,100

$719

$10,128,000

Kansas

11,600

$667

$10,421,000

Kentucky

14,300

$736

$12,935,000

Louisiana

22,000

$693

$21,432,000

Maine

4,500

$645

$3,748,000

Maryland

25,000

$694

$23,628,000

Massachusetts

25,800

$736

$25,005,000

Michigan

36,200

$721

$34,254,000

Minnesota

16,500

$632

$14,148,000

Mississippi

11,100

$629

$9,625,000

Missouri

23,600

$655

$20,378,000

Montana

3,700

$676

$3,381,000

Nebraska

5,700

$683

$5,108,000

Nevada

13,300

$702

$12,185,000

New Hampshire

4,600

$775

$4,518,000

New Jersey

34,200

$780

$34,520,000

New Mexico

8,500

$688

$7,799,000

New York

63,400

$765

$62,809,000

North Carolina

31,700

$595

$26,248,000

North Dakota

2,600

$761

$2,591,000

Ohio

39,600

$699

$35,218,000

Oklahoma

19,300

$707

$17,988,000

Oregon

17,500

$598

$14,262,000

Pennsylvania

44,000

$770

$42,228,000

Rhode Island

3,400

$748

$3,270,000

South Carolina

13,200

$609

$11,160,000

South Dakota

2,600

$732

$2,480,000

Tennessee

20,700

$690

$18,630,000

Texas

101,800

$743

$103,164,000

Utah

8,000

$610

$6,944,000

Vermont

2,100

$707

$1,921,000

Virginia

32,100

$685

$29,647,000

Washington

28,400

$750

$28,705,000

West Virginia

5,100

$784

$5,023,000

Wisconsin

14,100

$621

$11,953,000

Wyoming

2,800

$835

$2,984,000

Totals

1,117,900

$698

$1,041,576,000

* Excluding the Earned Income Tax Credit and other credits.

Even if you didn't file a federal income tax return for 2011, you may have some money waiting for you. The Internal Revenue Service (IRS) says it has refu...

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Free tax return preparation help available

How would you like some help preparing your federal tax return? How about some FREE help?

You may qualify to get free tax help from Internal Revenue Service (IRS)-trained volunteers through the Volunteer Income Tax Assistance or the Tax Counseling for the Elderly programs.

The tax agency partners with a network of community organizations to offer free tax services at thousands of sites around the country. These are generally located at community and neighborhood centers, libraries, schools, shopping malls and other convenient locations.

VITA and TCE

The Volunteer Income Tax Assistance program (VITA) offers free tax help and return preparation to people who generally make $53,000 or less, people with disabilities, the elderly and limited English-speaking taxpayers.

In addition to VITA, the Tax Counseling for the Elderly (TCE) program offers free tax help and return preparation for all taxpayers, particularly those who are 60 years of age and older, specializing in questions about pensions and retirement-related issues unique to seniors.

The IRS-certified volunteers who provide tax counseling are often retired individuals associated with non-profit organizations that receive grants from the IRS.

At VITA and TCE tax preparation sites, individuals can receive:

  • Free e-file - VITA and TCE provide free electronic filing. E-filing is the safest, most accurate way to file a tax return. Combining e-file with direct deposit is the fastest way to get a refund.
  • Tax benefits - Using VITA and TCE can help get all the tax benefits for which a taxpayer is eligible. For example, taxpayers may qualify for the Earned Income Tax Credit, Child Tax Credit or the Credit for the Elderly. Taxpayers can also get help with the new Health Care Law tax provisions.
  • Bilingual help - Some VITA and TCE sites provide bilingual help for people who speak limited English.
  • Help for military - VITA offers free tax assistance to members of the military and their families. Volunteers help with many military tax issues. These may include the special rules and tax benefits that apply to those serving in combat zones.
  • Self-preparation option - At some VITA sites, individuals can prepare their own federal and state tax returns using free web-based software. This is an option if a taxpayer doesn’t have a home computer or need much help. Volunteers are on site to guide. In most cases, this option offers free tax return preparation software and e-filing to people who earn $60,000 or less.

To find a VITA or TCE tax preparation site, visit IRS.gov, search the word “VITA” and click on “Free Tax Return Preparation for You by Volunteers.” You can also download IRS’s mobile app – IRS2Go. Go to “Free Tax Help,” enter the sought ZIP code and select a mileage range.

Site information is also available by calling the IRS at 800-906-9887. To locate the nearest AARP Tax-Aide site, or call 888-227-7669.  

How would you like some help preparing your federal tax return? How about some FREE help? You may qualify to get free tax help from Internal revenue Servi...

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Don't forget Free File when doing your taxes

Have you filed your 2014 federal income tax return yet? If not, you have a valuable tool available to help you through the process: Free File.

Available only at IRS.gov/FreeFile, the service makes brand-name tax software products and electronic filing available to most taxpayers for free.

Taxpayers have the option to prepare their return at any time and schedule a tax payment as late as the April 15 deadline. Those who can't meet the April tax filing deadline can use Free File to file a six-month extension.

Through a partnership between the IRS and the Free File Alliance, a consortium of 14 leading tax software companies make their branded products available for free. Since 2003, more than 43 million people have used Free File, saving $1.3 billion based on a conservative $30-fee estimate.

Do you qualify?

Anyone who earned $60,000 or less last year qualifies to choose from among 14 software products. Those who earned more than 60,000 are still eligible for Free File Fillable Forms, the electronic version of IRS paper forms. This more basic Free File option is best for people who are comfortable preparing their own tax return.

More than 70% of all taxpayers -- 100 million people -- are eligible for the software products. Each of the 14 companies has its own special offers, generally based on age, income or state residency. Taxpayers can review each company offer or they can use a “Help Me” tool that will find the software for which they are eligible.

Wondering How to Use Free File? Free File offers easy-to-use products that ask questions and the taxpayer supplies the answers. The software will find the right forms, find the right tax credits and deductions and even do the math. Some companies also offer free state tax return preparation.

Free File also can help taxpayers with the new health care requirements. Most people will simply have to check a box to report health care coverage for the entire year. Learn more at IRS.gov/aca.

Free File will be available through October.

Have you filed your 2014 federal income tax return yet? If not, you have a valuable tool available to help you through the process: Free File. Available o...

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TurboTax filing allowed again, but tax refund payments might be delayed

It's been a turbulent weekend for TurboTax — and for state-level taxpayers in general. As of press time, residents of all 50 states are once again allowed to use TurboTax to file their state tax returns, but who knows? That could change as suddenly as this whole mess began.

It all started last Thursday night, when the Minnesota Department of Revenue announced that it would stop accepting returns filed with TurboTax, since scammers using TurboTax had filed fraudulent returns in the name of actual Minnesota taxpayers.

Intuit, which produces TurboTax, initially responded to Minnesota's announcement by establishing a toll-free number affected taxpayers could call. That hotline opened for business at 8 a.m. Central time, Friday morning. Less than an hour later, Intuit announced that it was temporarily suspending e-filing via TurboTax in all 50 states.

However, Intuit's self-imposed nationwide ban lasted less than a day; by Friday evening, Intuit had resumed processing tax returns, presumably with stronger anti-fraud measures in place.

Consumers rate Intuit - TurboTax

No way to know

But how many fraudulent returns went through before Intuit strenghtened its security? There's no way of knowing. Massachusetts responded to the news by temporarily halting tax refunds out of fear that some of those refund requests might be fraudulent. Revenue commissioner Amy Pitter said that the state currently had about 160,000 tax refunds in the pipeline, and needed to make sure those refund requests were all legitimate.

Massachusetts isn't the only state to delay refunds so it can look for fraudulent returns. On Friday, revenue commissioners from multiple states including Pennsylvania, Georgia, Kentucky, Connecticut, Vermont, Utah and North Dakota all said they would delay state tax refunds in order to look for fraud.

Although tax refunds are being delayed, all states are accepting tax returns via TurboTax. Even Minnesota's Department of Revenue ended its brief ban on Saturday at 3 p.m. Central time.

Janelle Tummel, a spokesperson for Minnesota's DoR, said that “We took this step after Intuit implemented new 'targeted security measures.' We will continue reviewing returns and will remain in contact with the company.” Tummel also said that Minnesota residents who already filed their state taxes through TurboTax need not do anything; the state will contact you if anyone discovers a problem with your return, but otherwise your tax return will go through as it normally would.

It's been a turbulent weekend for TurboTax — and for state-level taxpayers in general. As of press time, residents of all 50 states are once again allowed ...

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Minnesota stops accepting TurboTax; Intuit temporarily halts all TurboTax e-filing

If you'd planned on using TurboTax to file your taxes this year, you might need to make other arrangements. Minnesota's state Department of Revenue announced last night that it would no longer accept any tax returns filed through Intuit's TurboTax software, because scammers were apparently using it to file fraudulent returns in the names of legitimate state taxpayers.

The Minnesota DoR posted this announcement on its website:

“Some Minnesota taxpayers have recently found that when they log in to TurboTax to file their tax return, they see that a return has already been filed. Due to this potentially fraudulent activity, we have stopped accepting tax returns submitted using TurboTax. We are still accepting returns filed with Intuit professional preparer products (Lacerte, Intuit Tax Online, and ProSeries).”

The announcement also said that, starting this morning at 8 a.m. Central time (9 a.m. Eastern), Minnesota taxpayers affected by the suspension could call Intuit at 1-800-944-8596 to ask for assistance.

But by Friday morning the problem had grown even worse. Around 9 a.m. Central time, Intuit announced that it was temporarily disallowing e-filing in all states, after at least 17 state tax departments in addition to Minnesota's reported noticeable increases in the number of fraudulent-return complaints they received.

For what it's worth, Intuit's blog post announcing the temporary suspension says “Intuit believes that these instances of fraud did not result from a security breach of its systems and that the information used to file fraudulent returns was obtained from other sources outside the tax preparation process.”

Intuit also said that affected customers who call 800-944-8596 will get “direct access to specially trained identity protection agents who will provide comprehensive support and filing assistance. In addition, Intuit will provide identity protection services and free credit monitoring, as well as provide access to all versions of its software or to the assistance of one of Intuit’s credentialed tax experts who will prepare taxes for affected customers at no expense.”

As of press time, there's no indication if or when Intuit will lift its TurboTax e-filing ban, or if other revenue departments will join Minnesota in disallowing TurboTax at the state level.

f you'd planned on using TurboTax to file your taxes this year, you might need to make other arrangements. Minnesota's state Department of Revenue announce...

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EITC: What it is and how to get it

Millions of low and moderate-income workers may be missing out on a significant tax credit that can be as much as $6,000.

If you earned $52,427 or less last year, you may qualify for the Earned Income Tax Credit (EITC) for the first time in 2015. About a third of the people eligible for EITC fluctuate each year based on changes to their marital, parental and financial status.

“About 4 out of 5 eligible workers and families get the credit they earned. That leaves millions missing EITC every year,” said Internal Revenue Service (IRS) Commissioner John Koskinen. “It’s an important credit and one of the government’s best tools to fight poverty.”

Last year, almost 28 million eligible workers and families received $66 billion total in EITC, with an average EITC amount of $2,400.

The amount of EITC varies depending on income, family size and filing status. Those who work for someone else or those who run a business or farm and who earned $52,427 or less during 2014 could receive larger refunds if they qualify for the EITC. This could mean up to $496 in EITC for people without children, and a maximum credit of up to $6,143 for those with three or more qualifying children.

The EITC is refundable. That means those eligible may get a refund from the IRS even if they owe no tax or had no taxes withheld from their paycheck.

Workers potentially eligible to claim the credit should visit IRS.gov/eitc to learn if they qualify, how to claim the credit and more. The EITC Assistant will also determine their filing status, if they have a qualifying child or children and estimate the amount of the EITC they could get. If an individual doesn’t qualify for EITC, the Assistant explains why and a summary of the results can be printed.

How to claim the EITC

To get the EITC, workers must file a tax return, even if they are not legally required to file, and specifically claim the credit. Free tax help is available to those eligible for the EITC:

• Free File on IRS.gov Free brand-name tax software walks people through a question and answer format to help them prepare their returns and claim every credit and deduction for which they are eligible. Free File also provides online versions of IRS paper forms, an option called Free File Fillable Forms which is best suited for taxpayers comfortable preparing their own returns.

• Free tax preparation sites EITC-eligible workers can seek free tax preparation at thousands of Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) sites. Taxpayers can locate the nearest site using a search tool on IRS.gov or through the IRS2go smartphone application.

Documentation required

It is important for taxpayers to bring along all the required documents and information to make sure they get the EITC they deserve. Also, those who bought coverage through the Health Insurance Marketplace should receive Form 1095-A, Health Insurance Marketplace Statement, from their Marketplace in early February.

It’s important to also bring the Form 1095-A to the volunteer site. Any taxpayer who does not receive it by early February should contact their Marketplace, not the IRS. The IRS will not have access to the information on the form.

Like last year, the IRS expects to issue more than 9 out of 10 refunds within 21 days. The IRS reminds taxpayers that the fastest way to get a refund is to e-file their tax return and choose direct deposit. It takes longer to process paper returns. Because of budget cuts resulting in a smaller staff, it may take an additional week or more to process paper returns, meaning that those refunds are expected to be issued in seven weeks or more. Taxpayers can track the status of their refund with the “Where’s My Refund?" tool. l available on IRS.gov or on IRS2go.

The role of Obamacare

The Affordable Care Act requires that a taxpayer and each member of his or her family have qualifying health insurance coverage for each month of the year, qualify for an exemption from the coverage requirement, or make an individual shared responsibility payment when filing a federal income tax return.

If taxpayers bought coverage through the Health Insurance Marketplace, they should receive Form 1095-A, Health Insurance Marketplace Statement from their Marketplace by early February. They should save this form because it has important information needed to complete their tax returns.

If taxpayers are expecting to receive Form 1095-A and has not received it by early February, they should contact the Marketplace where the coverage was purchased. Due to the fact that the IRS does not have this information, it is recommended that taxpayers contact the appropriate marketplace.

Anyone who benefited from advance payments of the premium tax credit must file a federal income tax return. The taxpayer will need to reconcile those advance payments with the amount of premium tax credit they’re entitled to based on actual income. As a result, some people may see a smaller or larger tax refund or tax liability than they were expecting. When filing their returns, taxpayers will use IRS Form 8962, Premium Tax Credit (PTC), to calculate the premium tax credit and reconcile the credit with any advance payments.

The Affordable Care Act requires that a taxpayer and each member of his or her family either has qualifying health insurance coverage for each month of the year, qualifies for an exemption, or makes an individual shared responsibility payment when filing a federal income tax return.

Reporting requirements. Most taxpayers will simply check a box on their tax return to indicate that each member of their family had qualifying health coverage for the whole year. No further action is required. Qualifying health insurance coverage includes coverage under most, but not all, types of health care coverage plans. Taxpayers can use the chart on IRS.gov/aca to find out if their insurance counts as qualifying coverage.

Exemptions. A taxpayer may be eligible to claim an exemption from the requirement to have coverage. If eligible for an exemption, the taxpayer will need to complete the new IRS Form 8965, Health Coverage Exemptions and attach it to their return. The individual must apply for some exemptions through the Health Insurance Marketplace. However, most of the exemptions are easily obtained from the IRS when filing a tax return.

Individual Shared Responsibility Payment. If an individual does not have qualifying coverage or an exemption for each month of the year, they will need to make an individual shared responsibility payment when filing their return for choosing not to purchase coverage. Examples and information about figuring the payment are available on the IRS Calculating the Payment page. More information about the Affordable Care Act and the 2014 income tax return is available at IRS.gov/aca.

Get It right

Taxpayers are responsible for the accuracy of their tax return even if someone else preparers it for them. The rules for EITC are complicated. The IRS urges taxpayers to seek help if they are unsure of their eligibility, whether from a paid tax professional or at a free tax return preparation site. Deliberate errors can have lasting impact on future eligibility to claim EITC and leave taxpayers with a penalty.

Taxpayers should reply promptly to any letter from the IRS requesting additional information about EITC. If taxpayers need assistance or have questions, they should call the number on the IRS letter.

Millions of low and moderate-income workers may be missing out on a significant tax credit that can be as much as $6,000. If you earned $52,427 or less la...

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IRS warns taxpayers to watch out for IRS scammers

With tax-filing season in high gear, the IRS has issued its annual warnings against thieving scammers who pretend to be IRS agents so they can prey on taxpayers, either by directly stealing money, or indirectly via identity theft.

Every January, the IRS releases a list of the most common tax-related scams from the previous year. On Friday, the agency kicked off the weekend with an announcement reminding everyone that “Phishing remains on the IRS 'Dirty Dozen' list of tax scams” for this year's tax-filing season.

Of course, phishing scams aren't remotely limited to the IRS; pretty much every genuine company or government agency in existence has scammers operating in its name somewhere. But there's enough phishers posing as federal tax agents that the IRS website has an entire page dedicated exclusively to letting taxpayers “Report phishing and online scams.”

The IRS urges all taxpayers to:

Report all unsolicited email claiming to be from the IRS or an IRS-related function to phishing@irs.gov. Recent scams have used the Electronic Federal Tax Payment System (EFTPS) to attract potential victims.  Also, if you've experienced any monetary losses due to an IRS-related incident, please report it to the Treasury Inspector General Administration (TIGTA) and file a complaint with the Federal Trade Commission (FTC) through their Complaint Assistant to make the information available to investigators.

Fake emails from the IRS usually fall into one of two categories: those claiming you must pay taxes, and those claiming you're owed a refund. The “false refund” messages are often attempts to steal your personal information so the scammers can commit identity theft; the email might, for example, request your Social Security and bank account numbers, ostensibly to deposit a tax refund into your account.

The message might also be loaded with malware, and the scammers want you to click on links or download attachments in order to install that malware onto your computer. (Of course, you should never download attachments or click on links in any unsolicited emails, no matter who they're supposedly from.)

Back taxes

On the other hand, you might instead receive emails — or even phone calls — claiming that you owe back taxes to the IRS. In such instances, the caller or email writer will not only demand payment from you, but will threaten you with arrest and imprisonment if you don't pay immediately.

You can be confident that such a message is not actually from an IRS agent. As the IRS' “Report Phishing” page says (with the italicized bold-print word lifted form the original): “The IRS doesn't initiate contact with taxpayers by email, text messages or social media channels to request personal or financial information. This includes requests for PIN numbers, passwords or similar access information for credit cards, banks or other financial accounts.”

The threat of immediate consequences is another tipoff that the message isn't from the IRS: yes, the agency really does go after delinquent taxpayers, and even puts people in prison for non-payment. But the IRS, when going after tax scofflaws, does not demand payment over the phone or via email. Nor would a legitimate IRS agent demand payment in cash, via a pre-paid money card or some other untraceable source.

And, while the IRS does impose deadlines on people, and has the right to say “Pay up by a certain time or face consequences,” that time is always at least several days in the future. You'll never hear an IRS agent tell you “Pay up right now, or you'll be arrested right now.”

For the most part, IRS agents don't threaten people with arrest at all — because, quite frankly, they don't need to. Unlike scammers, real IRS agents know they have the law on their side. Scammers, by contrast, make scary-sounding threats in hopes of pressing your panic button long enough for your fear to override your good sense: “Act now pay now right now, don't calm down and especially don't stop to think how very unlikely it is that you could be a tax scofflaw bad enough that you're headed for prison right now, yet until five seconds ago you had no idea.”

What to do

If you get a phone call or any other communication from someone claiming to be from the IRS, and you don't want to hang up for fear of possibly offending a genuine IRS agent, the IRS says that you should “Record the employee's name, badge number, call back number and caller ID if available.” (If the so-called IRS agent refuses to give you this information, that alone guarantees you're talking to a scammer.)

Once you have this information, the agency says, you should “[c]all 1-800-366-4484 to determine if the caller is an IRS employee with a legitimate need to contact you.” If it was, then call the agent back. Otherwise, the IRS requests that you report the scam attempt by sending an email to phishing@irs.gov, with “IRS Phone Scam” as the subject. You might also consider calling your local police to let them know about the phone-scam attempt in their jurisdiction.

With tax-filing season in high gear, the IRS has issued its annual warnings against thieving scammers who pretend to be IRS agents so they can prey on taxp...

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The 2015 tax season is off and running

Are you ready to file your 2014 federal income tax return? Probably not. But if you are, the Internal Revenue Service (IRS) is ready for you.

The tax agency is touting what it calls “a growing array of online services,” including features it says will help you understand how the Affordable Care Act (Obamacare) will affect you tax time, along with the availability of the Free File program.

The IRS expects to receive about 150 million individual income tax returns this year, with more than 4 out of 5 returns filed electronically. The Free File program opens today, and the agency will begin accepting and processing all tax returns on Tuesday, Jan. 20.

Obamacare kicks in

This year’s return will include new questions to incorporate provisions of the Affordable Care Act (ACA). The majority of taxpayers -- more than 80% -- will simply need to check a box to verify they have health insurance coverage. For the minority of taxpayers who will have to do more, useful information and tips regarding the premium tax credit, the individual shared responsibility requirement and other tax features of the ACA may be found at IRS.gov/aca.

“Our employees will be working hard again this season to help the nation’s taxpayers,” IRS Commissioner John Koskinen said. “We encourage people to use the tools and information available on IRS.gov, particularly given the long wait times we anticipate on our phone lines. As always, taxpayers can benefit by filing electronically.”

Free File ready for business

Taxpayers can begin preparing their returns using the Free File system today. Available only at IRS.gov, Free File offers two filing options:

Brand-name software, offered by IRS’ commercial partners to about 100 million individuals and families with incomes of $60,000 or less; or

Online fillable forms, the electronic version of IRS paper forms available to taxpayers at all income levels and especially useful to people comfortable with filling out their own returns.

E-file, when combined with direct deposit, is the fastest way to get a refund. More than 3 out of 4 refund recipients now choose direct deposit. People who e-file make fewer mistakes, and it costs nothing for those who choose Free File.

In all, 14 software companies will be participating in this year’s Free File program.

Taxpayers who purchase their own software can also choose e-file, and most paid tax preparers are now required to file their clients’ returns electronically. In addition to Free File, commercial software companies also are currently available for taxpayer use.

The IRS will begin accepting and processing all returns -- whether e-file, Free File or paper tax returns -- on Jan. 20.

Like last year, the IRS expects to issue more than 9 out of 10 refunds within 21 days.  

Are you ready to file your 2014 federal income tax return? Probably not. But if you are, the Internal Revenue Service (IRS) is ready for you. The tax agen...

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When should you itemize deductions?

Using the “short form” is the quickest and easiest way to file your tax returns and millions of taxpayers use it. But with that form you can't itemize deductions, you must take the Standard Deduction.

At some point taxpayers may have deductible expenses and think they should drop the short form and go with the standard Form 1040, so that they can take advantage of those deductions.

But sometimes they shouldn't. According to the Internal Revenue Service (IRS), you should only itemize deductions if your total deductions are greater than the standard deduction amount.

Standard Deduction

For the 2014 tax year, the standard deduction for a single taxpayer is $6,200 and $12,400 for a married couple filing jointly. That's what a taxpayer may deduct from their income without itemizing any expenses.

That means if a couple purchased a home at the beginning of 2014 with a mortgage of $140,000, they probably paid a little more than $5500 in mortgage interest last year. They could itemize deductions and write off the $5,500.

But just because they can, doesn't mean they should. If they itemize they can't take the Standard Deduction. If the mortgage interest is the only deductible expense they have, they're taking a $5,500 deduction and giving up a $12,400 one.

Consider all deductions

That said, there may be several other expenses you incurred through the year that could also be write-offs, if you itemize deductions. Besides mortgage interest on your home, you can also deduct the taxes paid.

If you have significant uninsured casualty or theft losses, that could add to the deduction total. If you have large uninsured medical or dental expenses or large un-reimbursed employee business expenses, itemizing may be in your best interest.

The key number is the standard deduction. You probably shouldn't itemize if your total expenses don't exceed it.

Tax bracket

A secondary consideration is your tax bracket. If you are in a high tax bracket, a deduction is worth more than if you are in a low bracket.

Here's an example. John and Loretta have a taxable income of $80,000. That puts them in the 25% bracket, meaning they pay 25% of their income in taxes.

George and Linda earned $195,000. That puts them in the 33% tax bracket.

Each dollar of itemized deductions will save John and Loretta 25 cents while George and Linda will realize 33 cents.

When it's not obvious

Sometimes the decision to itemize or not is not that obvious. That's when you should seek help from tax experts. They may lean toward itemizing because, frankly, filling out the long form and itemizing usually results in higher fees than just filing with the short form.

But TurboTax says 1 out of 4 taxpayers will end up paying less in taxes when they itemize. The company points out that other considerations, like age, can affect your bottom line tax.

H&R Block notes there might be cases when your itemized deductions are less than your standard deduction, but it still makes sense to itemize. It says you might want to do this if itemizing on your state return provides a savings that more than makes up the difference on your federal return.

Meanwhile, the IRS says it will begin accepting returns electronically on Jan. 20. Paper tax returns will begin processing at the same time.

Using the “short form” is the quickest and easiest way to file your tax returns and millions of taxpayers use it. But with that form you can't itemize dedu...

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IRS posts standard mileage rates for 2015

If you use your car, van, pickup or panel truck for business purposes, you'll like this: Starting Nan. 1, the optional standard mileage rate is rising to 57.5 cents per mile from 56 cents in 2014.

At the same time it made than announcement, the Internal Revenue Service (IRS) said the amount you are allowed for medical or moving purposes is dropping 0.5 cent from 2014 -- to 23 cents in 2015 per mile driven. And the amount per mile driven in service of charitable organizations will be 14 cents.

How it's figured

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile, including depreciation, insurance, repairs, tires, maintenance, gas and oil. The rate for medical and moving purposes is based on the variable costs, such as gas and oil. The charitable rate is set by law.

Taxpayers always have the option of claiming deductions based on the actual costs of using a vehicle rather than the standard mileage rates.

Prohibitions

A taxpayer may not use the business standard mileage rate for a vehicle after claiming accelerated depreciation, including the Section 179 expense deduction, on that vehicle. Likewise, the standard rate is not available to fleet owners (more than four vehicles used simultaneously).

Details on these and other special rules are in Revenue Procedure 2010-51, the instructions to Form 1040 and various online IRS publications including Publication 17, Your Federal Income Tax.

Besides the standard mileage rates, Notice 2014-79, posted on IRS.gov, also includes the basis reduction amounts for those choosing the business standard mileage rate, as well as the maximum standard automobile cost that may be used in computing an allowance under a fixed and variable rate plan.

If you use your car, van, pickup or panel truck for business purposes, you'll like this: Starting Nan. 1, the optional standard mileage rate is rising to 5...

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Don't forget those required retirement plan distributions

Uncle Sam wants his bite out of your retirement savings.

And to make sure he gets it, the Internal Revenue Service (IRS) is reminding taxpayers born before July 1, 1944 that they generally must receive payments from their individual retirement arrangements (IRAs) and workplace retirement plans by Dec. 31.

These RMDs, or required minimum distributions, normally must be made by the end of the year. But a special rule allows first-year recipients of these payments -- those who reached age 70½ during 2014 -- to wait until as late as April 1, 2015 to receive their first RMDs.

That means that those born after June 30, 1943 and before July 1, 1944 are eligible for this special rule. Though payments made to these taxpayers in early 2015 can be counted toward their 2014 RMD, they are still taxable in 2015.

Who must take an RMD?

The required distribution rules apply to owners of traditional IRAs -- but not Roth IRAs -- while the original owner is alive. They also apply to participants in various workplace retirement plans, including 401(k), 403(b) and 457(b) plans.

An IRA trustee must either report the amount of the RMD to the IRA owner or offer to calculate it for the owner. Often, the trustee shows the RMD amount on Form 5498 in Box 12b. For a 2014 RMD, this amount was on the 2013 Form 5498 normally issued to the owner during January 2014.

The special April 1 deadline only applies to the RMD for the first year. For all subsequent years, the RMD must be made by Dec. 31.

So, a taxpayer who turned 70½ in 2013 (born after June 30, 1942 and before July 1, 1943) and received the first required payment on April 1, 2014 must still receive the second RMD by Dec. 31, 2014.

Calculating the RMD

The RMD for 2014 is based on the taxpayer’s life expectancy on Dec. 31, 2014, and the account balance on Dec. 31, 2013. The trustee reports the year-end account value to the IRA owner on Form 5498 in Box 5. Use the online worksheets on IRS.gov or find worksheets and life expectancy tables to make this computation in the Appendices to Publication 590.

For most taxpayers, the RMD is based on Table III (Uniform Lifetime) in the IRS publication on IRAs. If the taxpayer turned 72 in 2014, the required distribution would be based on a life expectancy of 25.6 years. A separate table, Table II, applies to a taxpayer whose spouse is more than 10 years younger and is the taxpayer’s only beneficiary.

Though the RMD rules are mandatory for all owners of traditional IRAs and participants in workplace retirement plans, some people in workplace plans can wait longer to receive their RMDs. Usually, employees who are still working can -- if their plan allows -- wait until April 1 of the year after they retire to start receiving these distributions.

Employees of public schools and certain tax-exempt organizations with 403(b) plan accruals before 1987 should check with their employer, plan administrator or provider to see how to treat these accruals.

Uncle Sam wants his bite out of your retirement savings. And to make sure he gets it, the Internal Revenue Service (IRS) is reminding taxpayers born befor...

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Giving to charity? Here's how to keep from running afoul of the tax rules

With the end of the year within shouting distance, many individuals and businesses are making year-end gifts to charity in order to ease their tax burden.

The Internal revenue Service (IRS) reminds you that several important tax law provisions have taken effect in recent years.

Here are some of the changes you should keep in mind:

Rules for charitable contributions of clothing and household items

  • Household items include furniture, furnishings, electronics, appliances and linens. Clothing and household items donated to charity generally must be in good used condition or better to be tax-deductible. A clothing or household item for which a taxpayer claims a deduction of over $500 does not have to meet this standard if the taxpayer includes a qualified appraisal of the item with the return.
  • Donors must get a written acknowledgment from the charity for all gifts worth $250 or more. It must include, among other things, a description of the items contributed.

Guidelines for gifts of money

  • A taxpayer must have a bank record or a written statement from the charity in order to deduct any donation of money, regardless of amount. The record must show the name of the charity and the date and amount of the contribution. Bank records include canceled checks, and bank, credit union and credit card statements. Bank or credit union statements should show the name of the charity, the date, and the amount paid. Credit card statements should show the name of the charity, the date, and the transaction posting date.
  • Donations of money include those made in cash or by check, electronic funds transfer, credit card and payroll deduction. For payroll deductions, the taxpayer should retain a pay stub, a Form W-2 wage statement or other document furnished by the employer showing the total amount withheld for charity, along with the pledge card showing the name of the charity.
  • These requirements for the deduction of monetary donations do not change the long-standing requirement that a taxpayer obtain an acknowledgment from a charity for each deductible donation (either money or property) of $250 or more. However, one statement containing all of the required information may meet both requirements.

Don't forget

Here are some additional reminders to help you plan your holiday and year-end gifts to charity:

  • Qualified charities. Check that the charity is eligible. Only donations to eligible organizations are tax-deductible. Select Check, a search able online tool available on Misgovern, lists most organizations that are eligible to receive deductible contributions. In addition, churches, synagogues, temples, mosques and government agencies are eligible to receive deductible donations. That is true even if they are not listed in the tool’s database.
  • Year-end gifts. Contributions are deductible in the year made. Thus, donations charged to a credit card before the end of 2014 count for 2014, even if the credit card bill isn’t paid until 2015. Also, checks count for 2014 as long as they are mailed in 2014.
  • Itemize deductions. For individuals, only taxpayers who itemize their deductions on Form 1040 Schedule Acan claim deductions for charitable contributions. This deduction is not available to individuals who choose the standard deduction. This includes anyone who files a short form (Form 1040A or 1040EZ). A taxpayer will have a tax savings only if the total itemized deductions (mortgage interest, charitable contributions, state and local taxes, etc.) exceed the standard deduction. Use the 2014 Form 1040 Schedule A to determine whether itemizing is better than claiming the standard deduction.
  • Record donations. For all donations of property, including clothing and household items, get from the charity, if possible, a receipt that includes the name of the charity, date of the contribution, and a reasonably-detailed description of the donated property. If a donation is left at a charity’s unattended drop site, keep a written record of the donation that includes this information, as well as the fair market value of the property at the time of the donation and the method used to determine that value. Additional rules apply for a contribution of $250 or more.
  • Special Rules. The deduction for a car, boat or airplane donated to charity is usually limited to the gross proceeds from its sale. This rule applies if the claimed value is more than $500. Form 1098-C or a similar statement, must be provided to the donor by the organization and attached to the donor’s tax return.

If the amount of a taxpayer’s deduction for all non cash contributions is over $500, a properly-completed Form 8283 must be submitted with the tax return.

With the end of the year within shouting distance, many individuals and businesses are making year-end gifts to charity in order to ease their tax burden. ...

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Saver’s credit helps low- and moderate-income workers save for retirement

Could your retirement plan use a little help?

The Internal Revenue Service (IRS) says low- and moderate-income workers can take steps now to save for retirement and earn a special tax credit in 2014 and years ahead.

The saver’s credit helps offset part of the first $2,000 workers contribute to IRAs and 401(k) plans and similar workplace retirement programs. Also known as the retirement savings contributions credit, the saver’s credit is available in addition to any other tax savings that apply.

It's not too late

Eligible workers still have time to make qualifying retirement contributions and get the saver’s credit on their 2014 tax return. You have until April 15, 2015, to set up a new individual retirement arrangement or add money to an existing IRA for 2014.

However, elective deferrals (contributions) must be made by the end of the year to a 401(k) plan or similar workplace program, such as a 403(b) plan for employees of public schools and certain tax-exempt organizations, a governmental 457 plan for state or local government employees, or the Thrift Savings Plan for federal employees.

Workers who are unable to set aside money for this year may want to schedule their 2015 contributions soon so their employer can begin withholding them in January.

The saver’s credit can be claimed by:

  • Married couples filing jointly with incomes up to $60,000 in 2014 or $61,000 in 2015;
  • Heads of Household with incomes up to $45,000 in 2014 or $45,750 in 2015; and
  • Married individuals filing separately and singles with incomes up to $30,000 in 2014 or $30,500 in 2015.

Filing status matters

Like other tax credits, the saver’s credit can increase a taxpayer’s refund or reduce the tax owed. Though the maximum saver’s credit is $1,000, $2,000 for married couples, the IRS cautioned that it is often much less and, due in part to the impact of other deductions and credits, may -- in fact -- be zero for some taxpayers.

A taxpayer’s credit amount is based on his or her filing status, adjusted gross income, tax liability and amount contributed to qualifying retirement programs. Form 8880 is used to claim the saver’s credit, and its instructions have details on figuring the credit correctly.

In tax year 2012, the most recent year for which complete figures are available, saver’s credits totaling $1.2 billion were claimed on more than 6.9 million individual income tax returns. Saver’s credits claimed on these returns averaged $215 for joint filers, $165 for heads of household and $127 for single filers.

The saver’s credit supplements other tax benefits available to those who set money aside for retirement. For example, most workers may deduct their contributions to a traditional IRA. Though Roth IRA contributions are not deductible, qualifying withdrawals, usually after retirement, are tax-free. Normally, contributions to 401(k) and similar workplace plans are not taxed until withdrawn.

The rules

Other special rules that apply to the saver’s credit include the following:

  • Eligible taxpayers must be at least 18 years of age.
  • Anyone claimed as a dependent on someone else’s return cannot take the credit.
  • A student cannot take the credit. A person enrolled as a full-time student during any part of 5 calendar months during the year is considered a student.
  • Certain retirement plan distributions reduce the contribution amount used to figure the credit. For 2014, this rule applies to distributions received after 2011 and before the due date, including extensions, of the 2014 return. Form 8880 and its instructions have details on making this computation.

Could your retirement plan use a little help? The Internal Revenue Service (IRS) says low- and moderate-income workers can take steps now to save for ret...

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Some tax breaks may be coming your way -- in 2015

While you haven't even filed your federal income tax return for 2014 yet, here's something to look forward to next year.

The Internal Revenue Service (IRS) has announced annual inflation adjustments for more than 40 tax provisions, including the tax rate schedules, and other tax changes for 2015.

Details about these annual adjustments may be found in Revenue Procedure 2014-61.

The items for tax year 2015 of greatest interest to most taxpayers include the following dollar amounts:

  • The tax rate of 39.6% affects singles whose income exceeds $413,200 ($464,850 for married taxpayers filing a joint return), up from $406,750 and $457,600, respectively. The other marginal rates -- 10, 15, 25, 28, 33 and 35% -- and the related income tax thresholds are described in the revenue procedure.
  • The standard deduction rises to $6,300 for singles and married persons filing separate returns and $12,600 for married couples filing jointly -- up from $6,200 and $12,400, respectively, for tax year 2014. The standard deduction for heads of household rises to $9,250, up from $9,100.
  • The limitation for itemized deductions to be claimed on tax year 2015 returns of individuals begins with incomes of $258,250 or more ($309,900 for married couples filing jointly).
  • The personal exemption for tax year 2015 rises to $4,000, up from the 2014 exemption of $3,950. However, the exemption is subject to a phase-out that begins with adjusted gross incomes of $258,250 ($309,900 for married couples filing jointly). It phases out completely at $380,750 ($432,400 for married couples filing jointly.)
  • The Alternative Minimum Tax exemption amount for tax year 2015 is $53,600 ($83,400, for married couples filing jointly). The 2014 exemption amount was $52,800 ($82,100 for married couples filing jointly).
  • The 2015 maximum Earned Income Credit amount is $6,242 for taxpayers filing jointly who have 3 or more qualifying children -- up from a total of $6,143 for tax year 2014. The revenue procedure has a table providing maximum credit amounts for other categories, income thresholds and phaseouts.
  • Estates of those who die during 2015 have a basic exclusion amount of $5,430,000 -- up from a total of $5,340,000 for estates of people who died in 2014.
  • For 2015, the exclusion from tax on a gift to a spouse who is not a U.S. citizen is $147,000 -- up from $145,000 for 2014.
  • For 2015, the foreign earned income exclusion breaks the six-figure mark, rising to $100,800 -- up from $99,200 for 2014.
  • The annual exclusion for gifts remains at $14,000 for 2015.
  • The annual dollar limit on employee contributions to employer-sponsored healthcare flexible spending arrangements (FSA) rises to $2,550 $50 dollars more than in 2014.
  • Under the small business health care tax credit, the maximum credit is phased out based on the employer’s number of full-time equivalent employees in excess of 10 and the employer’s average annual wages in excess of $25,800 for tax year 2015 -- up from $25,400 for 2014.

While you haven't even filed your federal income tax return for 2014 yet, here's something to look forward to next year. The Internal Revenue Service (IRS...

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More for your 401(k) next year

From the Internal Revenue Service (IRS) -- word that you'll be able to sock more money away for retirement next year.

Because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment, many of the pension plan limitations will change for 2015. However, other limitations will remain unchanged because the increase in the index did not meet the statutory thresholds that trigger their adjustment.

What it means

  • The contribution (elective deferral) limit for employees who participate in 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan is increased from $17,500 to $18,000.
  • The catch-up contribution limit for employees aged 50 and over who participate in these plans is increased from $5,500 to $6,000.
  • The limit on annual contributions to an Individual Retirement Arrangement (IRA) remains at $5,500. The additional catch-up contribution limit for individuals aged 50 and over is not subject to an annual cost-of-living adjustment and remains $1,000.
  • The deduction for taxpayers making contributions to a traditional IRA is phased out for singles and heads of household who are covered by a workplace retirement plan and have modified adjusted gross incomes (AGI) between $61,000 and $71,000 -- up from $60,000 and $70,000 in 2014. For married couples filing jointly, in which the spouse who makes the IRA contribution is covered by a workplace retirement plan, the income phase-out range is $98,000 to $118,000 -- up from $96,000 to $116,000. For an IRA contributor who is not covered by a workplace retirement plan and is married to someone who is covered, the deduction is phased out if the couple’s income is between $183,000 and $193,000 -- up from $181,000 and $191,000. For a married individual filing a separate return who is covered by a workplace retirement plan, the phase-out range is not subject to an annual cost-of-living adjustment and remains $0 to $10,000.
  • The AGI phase-out range for taxpayers making contributions to a Roth IRA is $183,000 to $193,000 for married couples filing jointly -- up from $181,000 to $191,000 in 2014. For singles and heads of household, the income phase-out range is $116,000 to $131,000 -- up from $114,000 to $129,000. For a married individual filing a separate return, the phase-out range is not subject to an annual cost-of-living adjustment and remains $0 to $10,000.
  • The AGI limit for the saver’s credit (also known as the retirement savings contribution credit) for low- and moderate-income workers is $61,000 for married couples filing jointly -- up from $60,000 in 2014; $45,750 for heads of household -- up from $45,000; and $30,500 for married individuals filing separately and for singles -- up from $30,000.

From the Internal Revenue Service -- word that you'll be able to sock more money away for retirement next year. Because the increase in the cost-of-living...

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College tax credits available for 2014 and years ahead

It's only September, so filing your 2014 federal income tax return is probably way down on your list of things to think about.

But, with another school year now underway it's not too early to see if you qualify for either of 2 college tax credits or any of several other education-related tax benefits.

The American opportunity tax credit and lifetime learning credit are generally available to taxpayers who pay qualifying expenses for an eligible student. Eligible students include the taxpayer and his or her spouse and dependents.

The American opportunity tax credit provides a credit for each eligible student, while the lifetime learning credit provides a maximum credit per tax return. Though a taxpayer often qualifies for both credits, he or she can only claim one of them for a particular student in a particular year. Claimed on Form 8863, these credits are available to all taxpayers -- both those who itemize their deductions on Schedule A and those who claim a standard deduction.

The right option

For those eligible -- including most undergraduate students, the American opportunity tax credit will generally yield the greater tax savings. Alternatively, the lifetime learning credit should be considered by part-time students and those attending graduate school.

Both credits are available for students enrolled in an eligible college, university or vocational school -- including both nonprofit and for-profit institutions. Neither credit can be claimed by a nonresident alien, a married person filing a separate return or someone claimed as a dependent on another person’s return.

Normally, students will receive a Form 1098-T from their institution by the end of January of the following year (Jan. 31, 2015 for calendar year 2014). This form will show information about tuition paid or billed along with other information.

However, amounts shown on this form may differ from amounts taxpayers are eligible to claim for these tax credits. Taxpayers should see the instructions to Form 8863 and Publication 970 for details on properly figuring allowable tax benefits.

American opportunity tax credit

Many of those eligible for the American opportunity tax credit qualify for the maximum annual credit of $2,500 per student. Students can claim this credit for qualified educational expenses paid during the entire tax year for a certain number of years:

  • The credit is only available for 4 tax years per eligible student.
  • The credit is available only if the student has not completed the first 4 years of post-secondary education before 2014.

Here are some more key features of the credit:

  • Qualified education expenses are amounts paid for tuition, fees and other related expenses for an eligible student. Other expenses, such as room and board, are not qualified expenses.
  • The credit equals 100% of the first $2,000 spent and 25% of the next $2,000. That means the full $2,500 credit may be available to a taxpayer who pays $4,000 or more in qualified expenses for an eligible student.
  • The full credit can only be claimed by taxpayers whose modified adjusted gross income (MAGI) is $80,000 or less. For married couples filing a joint return, the limit is $160,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $180,000 or more and singles, heads of household and some widows and widowers whose MAGI is $90,000 or more.
  • Forty percent of the American opportunity tax credit is refundable. This means that even people who owe no tax can get an annual payment of up to $1,000 for each eligible student.

Lifetime learning credit

The lifetime learning credit of up to $2,000 per tax return is available for both graduate and undergraduate students. Unlike the American opportunity tax credit, the limit on the lifetime learning credit applies to each tax return, rather than to each student. Also, the lifetime learning credit does not provide a benefit to people who owe no tax.

Though the half-time student requirement does not apply to the lifetime learning credit, the course of study must be either part of a post-secondary degree program or taken by the student to maintain or improve job skills. Other features of the credit include:

Tuition and fees required for enrollment or attendance qualify as do other fees required for the course. Additional expenses do not.

The credit equals 20 percent of the amount spent on eligible expenses across all students on the return. That means the full $2,000 credit is only available to a taxpayer who pays $10,000 or more in qualifying tuition and fees and has sufficient tax liability.

Income limits are lower than under the American opportunity tax credit. For 2014, the full credit can be claimed by taxpayers whose MAGI is $54,000 or less. For married couples filing a joint return, the limit is $108,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $128,000 or more and singles, heads of household and some widows and widowers whose MAGI is $64,000 or more.

Taxpayer help

You can use the IRS’s Interactive Tax Assistant tool to help determine if you are eligible for these benefits. Eligible parents and students can get the benefit of these credits during the year by having less tax taken out of their paychecks. They can do this by filling out a new Form W-4, claiming additional withholding allowances, and giving it to their employer.

There are a variety of other education-related tax benefits that can help many taxpayers. They include:

  • Scholarship and fellowship grants — generally tax-free if used to pay for tuition, required enrollment fees, books and other course materials, but taxable if used for room, board, research, travel or other expenses.
  • Student loan interest deduction of up to $2,500 per year.
  • Savings bonds used to pay for college — though income limits apply, interest is usually tax-free if bonds were purchased after 1989 by a taxpayer who, at time of purchase, was at least 24 years old.
  • Qualified tuition programs, also called 529 plans, used by many families to prepay or save for a child’s college education.

Taxpayers with qualifying children who are students up to age 24 may be able to claim a dependent exemption and the earned income tax credit.

It's only September, so filing your 2014 federal income tax return is probably way down on your list of things to think about. But, with another school ye...

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Burger King eyes Tim Horton takeover to reduce U.S. tax burden

Consumers rate Burger King

Burger King is flirting with Tim Horton, the Canadian coffee-and-doughnuts giant. It's a lust-driven relationship, egged on by Burger King's hunger to reduce its American tax burden.

The two are talking about an "inversion," in which Burger King would basically acquire Tim Horton and become a Canadian company, thereby cutting the taxes it pays to Uncle Sam each year.

This has become rather controversial lately. President Obama recently called companies that abandon their U.S. headquarters "corporate deserters" and some large companies, most notably Walgreen, have backed off plans to sail away from their American roots.

Consumers don't like the idea either. In fact, some of the most vocal consumers on social media think that corporate tax rates aren't high enough and should be boosted.

A modest proposal

But many economists take a different view. Writing in the New York Times recently, Harvard economist N. Gregory Mankiw noted that the American corporate tax rate is much higher than other countries -- and, even more significantly, taxes all earnings of U.S.-based companies, even when the earnings come from overseas. No other advanced country does this.

Going a bit further, Mankiw proposes what at first sounds like a radical solution but is in fact one that has been talked about for decades as the answer to many of the tax inequities currently plaguing the U.S. economy: a consumption tax.

The first steps: repeal the corporate income tax entirely and scale back the personal tax rate.

Mankiw says it's important "to acknowledge that corporations are more like tax collectors than taxpayers. The burden of the corporate tax is ultimately borne by people — some combination of the companies’ employees, customers and shareholders."

A consumer tax is basically just what it sounds like -- a tax that's applied every time money changes hands. When you buy a car, order a grande triple latte or pay your divorce lawyer, the consumption tax kicks in. It's similar to the value-added tax (VAT) common throughout Western Europe.

Income is not taxed, so if you leave your money in the stock market, in corporate bonds or a savings account -- where it is available to support business expansion and jobs creation -- you pay no tax on the interest and dividends. 

Whenever this is proposed, critics say it would amount to a tax on the poor. The answer to this, says Mankiw, is "to use some revenue from the consumption tax to fund universal fixed rebates — sometimes called demogrants" for those whose income falls below a certain amount.

The chief benefit of such a system is, obviously, it encourages savings and investment. By eliminating the corporate tax, it's logical to assume it would also create jobs by encouraging U.S. corporations to keep their headquarters -- and the home-office executive staff -- in the United States, paying hefty salaries that would in turn produce lots of VAT revenue.

Mankiw admits, as have others who've floated similar proposals, that the likelihood of any such thing happening is close to zero. But it never hurts to float a good idea, in hopes that one may plant a seed that eventually germinates.

Or, as Mankiw conlcudes: "A better tax system is within reach, and ... only politics stands in the way." 

Burger King is flirting with Tim Horton, the Canadian coffee-and-doughnuts giant. It's a lust-driven relationship, egged on by Burger King's hunger to redu...

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One more time: Watch out for IRS phone scams

Last April, the Internal Revenue Service (IRS) put out a warningabout scammers claiming to be from the tax agency, demanding payment of some back taxes or penalties they claimed you owe. Well, the hustlers are still at it.

The IRS and the Treasury Inspector General for Tax Administration (TIGTA) continue to hear from people who have received such calls.

Based on the 90,000 complaints received through its telephone hotline to date, TIGTA has identified approximately 1,100 victims who have lost an estimated $5 million from these scams.

"There are clear warning signs about these scams, which continue at high levels throughout the nation,” said IRS Commissioner John Koskinen. “Taxpayers should remember their first contact with the IRS will not be a call from out of the blue, but through official correspondence sent through the mail. A big red flag for these scams are angry, threatening calls from people who say they are from the IRS and urging immediate payment. This is not how we operate. People should hang up immediately and contact TIGTA or the IRS.”

What you need to know

Additionally, it is important for taxpayers to know that the IRS:

  • Never asks for credit card, debit card or prepaid card information over the telephone.
  • Never insists that taxpayers use a specific payment method to pay tax obligations
  • Never requests immediate payment over the telephone and will not take enforcement action immediately following a phone conversation. Taxpayers usually receive prior notification of IRS enforcement action involving IRS tax liens or levies.

Potential phone scam victims may be told that they owe money that must be paid immediately to the IRS or that they are entitled to big refunds. When unsuccessful the first time, sometimes phone scammers call back trying a new strategy.

Other characteristics of these scams include:

  • Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.
  • Scammers may be able to recite the last four digits of a victim’s Social Security number.
  • Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.
  • Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.
  • Victims hear background noise of other calls being conducted to mimic a call site.
  • After threatening victims with jail time or driver’s license revocation, scammers hang up and others soon call back pretending to be from the local police or DMV, and the caller ID supports their claim.

What to do

If you get a phone call from someone claiming to be from the IRS, here’s what you should do:

  • If you know you owe taxes or you think you might owe taxes, call the IRS at 1.800.829.1040. The IRS employees at that line can help you with a payment issue, if there really is such an issue.
  • If you know you don’t owe taxes or have no reason to think that you owe any taxes (for example, you’ve never received a bill or the caller made some bogus threats as described above), then call and report the incident to TIGTA at 1.800.366.4484.
  • If you’ve been targeted by this scam, you should also contact the Federal Trade Commission and use their “FTC Complaint Assistant” at FTC.gov. Add "IRS Telephone Scam" to the comments of your complaint.

Last April, the Internal Revenue Service (IRS) put out a warning about scammers claiming to be from the tax agency, demanding payment of some back taxes or...

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IRS adopts "Taxpayer Bill of Rights"

The Internal Revenue Service(IRS) has announced adopted what it calls a "Taxpayer Bill of Rights" that it says “will become a cornerstone document to provide the nation's taxpayers with a better understanding of their rights.”

According to the tax agency, the document takes the “multiple existing rights embedded in the tax code” and groups them into 10 broad categories, making them more visible and easier for taxpayers to find on its website.

In addition, Publication 1, "Your Rights as a Taxpayer," has been updated and will be sent to millions of taxpayers this year when they receive IRS notices on issues ranging from audits to collection. They will also be publicly visible in all IRS facilities for taxpayers and employees to see.

Extensive discussions

The IRS released the “Taxpayer Bill of Rights” following extensive discussions with the Taxpayer Advocate Service, an independent office inside the IRS that represents the interests of U.S. taxpayers

“Congress has passed multiple pieces of legislation with the title of ‘Taxpayer Bill of Rights,’” said National Taxpayer Advocate Nina E. Olson. “However, taxpayer surveys conducted by my office have found that most taxpayers do not believe they have rights before the IRS and even fewer can name their rights. I believe the list of core taxpayer rights the IRS is announcing today will help taxpayers better understand their rights in dealing with the tax system.”

Enumerating the “Rights”

The tax code includes numerous taxpayer rights, but they are scattered throughout the code, making it difficult for people to track and understand. Similar to the U.S. Constitution’s Bill of Rights, the “Taxpayer Bill of Rights” contains 10 provisions. They are:

1. The Right to Be Informed

2. The Right to Quality Service

3. The Right to Pay No More than the Correct Amount of Tax

4. The Right to Challenge the IRS’s Position and Be Heard

5. The Right to Appeal an IRS Decision in an Independent Frum

6. The Right to Finality

7. The Right to Privacy

8. The Right to Confidentiality

9. The Right to Retain Representation

10. The Right to a Fair and Just Tax System

The “rights” have been incorporated into a redesigned version of Publication 1, a document that is routinely included in IRS correspondence with taxpayers. The publication initially will be available in English and Spanish, and updated versions will soon be available in Chinese, Korean, Russian and Vietnamese.

The IRS has also created a special section of IRS.gov to highlight the 10 “rights.” The web site will continue to be updated with information as it becomes available, and taxpayers will be able to easily find the “Bill of Rights” from the front page..

The Internal Revenue Service (IRS) has announced adopted what it calls a "Taxpayer Bill of Rights" that it says “will become a cornerstone document to prov...

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The tax scammers are still out there

Today may mark the official end of the 2014 filing income tax season, but that doesn't mean the tax scam season is over.

The Internal Revenue Service (IRS) is again warning consumers to guard against sophisticated and aggressive phone scams targeting taxpayers -- including recent immigrants -- as reported incidents of this crime continue to rise nationwide.

An “aggressive” scam

People have reported a particularly aggressive phone scam in the last several months in which immigrants are frequently targeted. Potential victims are threatened with deportation, arrest, having their utilities shut off, or having their driver’s licenses revoked. Callers are frequently insulting or hostile -- apparently to scare their potential victims.

Potential victims may be told they are entitled to big refunds, or that they owe money that must be paid immediately to the IRS. When unsuccessful the first time, sometimes phone scammers call back trying a new strategy.

Other characteristics of this scam include:

  • Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.
  • Scammers may be able to recite the last four digits of a victim’s Social Security number.
  • Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.
  • Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.
  • Victims hear background noise of other calls being conducted to mimic a call site.
  • After threatening victims with jail time or driver’s license revocation, scammers hang up and others soon call back pretending to be from the local police or DMV, and the caller ID supports their claim.

What to do

If you get a phone call from someone claiming to be from the IRS, here’s what you should do:

  • If you know you owe taxes or you think you might owe taxes, call the IRS at 1.800.829.1040. The IRS employees at that line can help you with a payment issue -- if there really is such an issue.
  • If you know you don’t owe taxes or have no reason to think that you owe any taxes (for example, you’ve never received a bill or the caller made some bogus threats as described above), then call and report the incident to the Treasury Inspector General for Tax Administration at 1.800.366.4484.
  • If you’ve been targeted by this scam, you should also contact the Federal Trade Commission and use their “FTC Complaint Assistant” at FTC.gov. Add "IRS Telephone Scam" to the comments of your complaint.

Taxpayers should be aware that there are other unrelated scams (such as a lottery sweepstakes) and solicitations (such as debt relief) that fraudulently claim to be from the IRS.

Taxpayers should be vigilant against phone and email scams that use the IRS as a lure. The agency does not initiate contact with taxpayers by email to request personal or financial information. This includes any type of electronic communication, such as text messages and social media channels.

The IRS also does not ask for PINs, passwords or similar confidential access information for credit card, bank or other financial accounts. Recipients should not open any attachments or click on any links contained in the message. Instead, forward the e-mail to phishing@irs.gov.

The IRS will always send taxpayers a written notification of any tax due via the U.S. mail, and never asks for credit card, debit card or prepaid card information over the telephone.

For more information or to report a scam, go to www.irs.gov and type "scam" in the search box.

Today may mark the official end of the 2014 filing income tax season, but that doesn't mean the tax scam season is over. The Internal Revenue Service (IRS...

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Fewer taxpayers file on paper

Do you still trot down to the mailbox to send in your federal income tax return?

If so, you are in a distinctly shrinking minority

The Internal Revenue Service (IRS) says that as of March 28, it has received 82 million returns through e-file -- roughly 91% of returns filed this year. That means only 8.3 million of you, or 9%, are filing on paper.

The tax agency says it expects to receive about 148 million individual income tax returns this year and projects that only 23 million will be on paper -- down 7% from last year’s total of 25 million paper returns.

More efficient filing

IRS says e-file has accomplished many goals, including reducing the amount of paper the government must process, allows it to be more efficient and use valuable resources to address other critical work.

The agency notes that e-file is the safest, fastest and easiest way to submit individual tax returns.

Since 1990, taxpayers have e-filed more than 1 billion Form 1040 series tax returns safely and securely.

Tax facts

Following is a summary of how the 2014 tax season is shaping up.

Cumulative statistics comparing 3/29/13 and 3/28/14

Individual Income Tax Returns:

2013

2014

% Change

Total Receipts

90,244,000

90,761,000

0.6

Total Processed

85,039,000

89,127,000

4.8

E-filing Receipts:

TOTAL          

80,991,000

82,440,000

1.8

Tax Professionals

49,214,000

48,787,000

-0.9

Self-prepared

31,777,000

33,654,000

5.9

Web Usage:

Visits to IRS.gov

247,990,560

222,397,053

-10.3

Total Refunds:

Number

72,231,000

73,035,000

1.1

Amount

$201.502

billion

$206.785

billion

2.6

Average refund

$2,790

$2,831

1.5

Direct Deposit Refunds:

Number

61,133,000

61,223,000

0.1

Amount

$180.868

billion

$180.687

billion

-0.1

Average refund

$2,959

$2,951

-0.2

Do you still trot down to the mailbox to send in your federal income tax return? If so, you are in a distinctly shrinking minority The Internal Revenue S...

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Can't file by April 15? Here's what to do

Yes, it's hard to believe that it's already April. It seems like only yesterday we were shivering through the polar vortex.

But the tax-filing vortex is looming dead ahead, on April 15. If you haven't yet started on your taxes, chances are you aren't going to be ready.

Fortunately, you can get an extension, giving yourself a few more months to file. There are a few steps you need to take in order to do that, including paying the Internal Revenue Service (IRS) any additional tax you might owe.

But if you haven't done your taxes yet, how do you know whether you owe the IRS more money, and how much? Good question.

Do you owe additional tax?

First, if you haven't gotten around to preparing your tax return, chances are you will owe additional tax. The reason is simple. If you were getting a refund, it's a strong likelihood that you would have filed by now. Most people getting refunds file as soon as they can.

So, you think you'll owe additional tax, but how much?

To answer that question, check your W-2 form (what your employer withheld from your paycheck last year), 1099 form or records of quarterly estimated tax payments to see how much money you have already given to the IRS toward your 2013 tax liability.

Next you need to estimate how much tax you should have paid. This isn't always easy, especially if your income changed significantly from previous years.

If you think things are pretty much the same as previous years, review previous tax returns. Look at the total amount of tax that you paid to the IRS and see how that compares to previous years.

Ballpark it

Using that information, estimate how much more that what you have already paid that you owe. Go to the IRS website and download Form 4868, which has spaces to enter that information.

To save time you may want to file electronically by going to Free File and filling out Form 4868 online. You can use a credit card to pay the tax and, a few clicks later it's done.

The extension gives you an additional six months in which to file your 2013 tax return. If you don't think you can afford to pay all of the tax you owe, the IRS will work with you.

Payment plan

According to the tax collection agency most people who owe additional tax can set up a payment plan within a few minutes. Taxpayers who owe $50,000 or less in combined tax, penalties and interest can use the Online Payment Agreement to set up a monthly payment agreement for up to 72 months.

This appears to be one of the easiest options for buying more time to pay. There is no paperwork to fill out and no need to call, write or visit the IRS.

Taxpayers can also request a payment agreement by filing Form 9465. This form can be downloaded from IRS.gov and mailed along with a tax return, bill or notice.

Offer in compromise

If you are really struggling you may qualify for what the IRS calls an “offer-in-compromise,” in which the IRS agrees to accept less than what you owe.

However, be leery of so-called “tax settlement” companies that promise they can arrange this on your behalf. It's not as easy as they make it sound and you may have a better chance of arranging it on your own without having to pay someone.

Whatever you do, don't stick your head in the sand and ignore the April 15 tax-filing deadline. Not filing will be costly.

For letting the deadline pass without filing a tax return or an extension, the IRS will impose a penalty – usually about 5% per month of the unpaid amount. On top of that, the IRS will charge interest on the unpaid balance.

Yes, it's hard to believe that it is already April. It seems like only yesterday we were shivering through the polar vortex.But the tax-filing vortex is ...

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Fraud alert: the IRS will not demand payment over the phone or via email

Name any large legitimate business or organization you can think of, and there exist countless scammers fraudulently posing as members of said business or organization in hopes of stealing your money.

The U.S. government is no different, and with the April 15 tax-filing deadline fast approaching, there's a larger-than-usual number of scammers fraudulently posing as tax agents.

The first thing you must remember is that the Internal Revenue Service will never send you an unsolicited email even if you do owe them money. It says so right on the IRS website: “The IRS does not send out unsolicited e-mails asking for personal information. An electronic mailbox has been established for you to report suspicious e-mails claiming to have been sent by the IRS.”

Dialing for dollars

But the latest fake-IRS scammers aren't using email to contact their victims. The Federal Trade Commission put out a bulletin warning potential victims (especially people of south Asian descent) of a despicable new scam wherein thieves posing as IRS agents call victims and threaten them with immediate arrest (and even deportation, in the case of immigrants) unless the victims immediately pay over the phone.

Protecting yourself from this scam is a bit trickier, because you can't necessarily assume “All unsolicited phone calls allegedly from the IRS are scammy,” the way you can about unsolicited emails. And if you get a phone call and hear phrases like “I'm from the IRS” and “you'll be arrested,” it's understandable that even an innocent person might feel scared, maybe even close to panic — but that's exactly what the scammers are counting on. They want your fear to override your good sense, at least long enough to separate you from your hard-earned money.

What to do

If you get such a threatening call, allegedly from the IRS, what can you do? On the one hand, you don't want to give money to scammers, but at the same time, you dare not risk ignoring legitimate messages from the taxman, either.

The main thing you must remember (to protect yourself not only from fake IRS phishers, but all phishers) is to get your own contact information. The FTC reports that the latest batch of fake-IRS scammers mostly called from the phone numbers (321) 352-6893; (202) 803-4825; (585) 310-3285; and (202) 241-2073. If your call comes from one of those numbers, you can pretty much ignore it.

But suppose your call comes from a number you don't recognize — or you find a message on your voicemail, saying they're from the IRS and you'd better call them back or else. Before you call them back, go online and search for the contact information of the IRS office nearest you. Even in a worst-case scenario – you really are in trouble with the IRS, and that's a bona fide IRS agent who just called you – a legitimate IRS agent will give you a name and contact number which you can verify by doing your own independent online search.

Then again, if you really were in trouble with the IRS, you'd have known about it long before any agents picked up the phone to call you — when you owe the IRS money, they first try contacting you through the old-fashioned U.S. Mail.

Not that soon

Also: while the IRS genuinely does have deadlines, and will even tell certain American taxpayers “Give us X dollars by Y date or face nasty legal consequences” … that deadline is never "less than 24 hours from now." The IRS will not contact you out of the blue and tell you “Pay up right now or you'll be in prison before sundown,” nor will the IRS make arrest threats over the phone.

By contrast, the FTC warns that the latest scammers told some of their victims that if they didn't pay up immediately, “an officer will be at your doorstep in 30 minutes.”

These victims were even urged to speak to the fake IRS agent before bothering to call their local police –needless to say, real IRS agents going after real tax scofflaws have no need to keep the police out of the loop, because real IRS agents have the law on their side.

If you really are in trouble with the IRS, you'll know about it long before anyone from the agency gives you a call — you'll have a pile of gimme-money letters from the IRS, chock-full of agent ID numbers and agency-contact numbers that are easily verified by a simple online search.

Name any large legitimate business or organization you can think of, and there exist countless scammers fraudulently posing as members of said business or ...

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Required Minimum Distribution clock is running for retirees

You're almost too late if you turned 70½ during 2013 and haven't yet received a required minimum distribution (RMD) from your IRAs and workplace retirement plans. The deadline is almost here: Tuesday, April 1, 2014.

That deadline applies to owners of traditional IRAs but not Roth IRAs. Normally, it also applies to participants in various workplace retirement plans, including 401(k), 403(b) and 457 plans.

And, the April 1 deadline applies to the required distribution only for the first year. For all subsequent years, the RMD must be made by Dec. 31. For example, a taxpayer who turned 70½ in 2013 and receives the first required payment on April 1, 2014 must still receive the second RMD by Dec. 31 of this year.

Determining your required distribution

Affected taxpayers who turned 70½ during 2013 must figure the RMD for the first year using their life expectancy on Dec. 31, 2013 and their account balance on Dec. 31, 2012.

The trustee reports the year-end account value to the IRA owner on Form 5498 in Box 5. Worksheets and life expectancy tables for making this computation can be found in the Appendices to Publication 590.

Most taxpayers use Table III (Uniform Lifetime) to figure their RMD. For a taxpayer who turned 71 in 2013, for example, the first required distribution would be based on a life expectancy of 26.5 years. A separate table, Table II, applies to a taxpayer married to a spouse who is more than 10 years younger and is the taxpayer’s only beneficiary.

Some exceptions

Though the April 1 deadline is mandatory for all owners of traditional IRAs and most participants in workplace retirement plans, some people with workplace plans can wait longer to receive their RMD. Usually, employees who are still working can, if their plan allows, wait until April 1 of the year after they retire to start receiving these distributions (See Tax on Excess Accumulations in Publication 575) .

Employees of public schools and certain tax-exempt organizations with 403(b) plan accruals before 1987 should check with their employer, plan administrator or provider to see how to treat these accruals.

Start planning now

The IRS encourages taxpayers to begin planning now for any distributions required during 2014. An IRA trustee must either report the amount of the RMD to the IRA owner or offer to calculate it for the owner.

Often, the trustee shows the RMD amount in Box 12b on Form 5498. For a 2014 RMD, this amount would be on the 2013 Form 5498 that is normally issued in January 2014.

More information on RMDs, including answers to frequently asked questions, can be found on IRS.gov.

You're almost too late if you turned 70½ during 2013 and haven't yet received a required minimum distribution (RMD) from your IRAs and workplace retirement...

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Tax returns are rolling in

If you haven't filed your federal income tax return yet, you're behind the curve.

The Internal Revenue Service (IRS) says it has received more than half of all the returns it expects to get during 2014. As of March 14, the agency had received more than 75 million individual tax returns and projects that it will receive a total of roughly 149 million by the end of the year.

Help for businesses

Millions of individual tax filers have business income either as sole proprietors or as sub contractors, and also have unreimbursed business expenses. The IRS recently issued Publication 535, Business Expenses, which provides valuable information for these filers. It also contains useful hints for Tax Year 2013, for which many taxpayers are still completing returns and for Tax Year 2014, for which taxpayers are tracking expenses and making financial decisions.

For tax year 2013

Optional safe harbor method. Beginning in 2013, taxpayers can use the optional safe harbor method to determine the deduction for the business use of a home.

Standard mileage rate. Beginning in 2013, the standard mileage rate for the cost of operating a car, van, pickup, or panel truck for each mile of business use is 56.5 cents per mile.

Additional Medicare Tax. Beginning in 2013, a 0.9% Additional Medicare Tax applies to Medicare wages, railroad retirement (RRTA) compensation, and self-employment income that are more than:

  • $125,000 if married filing separately,
  • $250,000 if married filing jointly, or
  • $200,000 if single, head of household, or qualifying widow(er) with dependent child.

Medicare wages and self-employment income are combined to determine if a taxpayer’s income exceeds the threshold. RRTA compensation should be separately compared to the threshold.

For Tax Year 2014

Standard mileage rate. Beginning in 2014, the standard mileage rate for the cost of operating a car, van, pickup, or panel truck for each mile of business use is 56 cents per mile.

Filing season statistics

2014 FILING SEASON STATISTICS

Cumulative statistics comparing 3/15/13 and 3/14/14

Individual Income Tax Returns:

2013

2014

% Change

Total Receipts

74,882,000

75,100,000

0.3

Total Processed

69,153,000

73,157,000

5.8

E-filing Receipts:

TOTAL           

68,029,000

68,966,000

1.4

Tax Professionals

40,117,000

39,413,000

-1.8

Self-prepared

27,912,000

29,553,000

5.9

Web Usage:

Visits to IRS.gov

218,469,657

195,637,190

-10.4

Total Refunds:

Number

60,243,000

61,645,000

2.3

Amount

$172.494

Billion

$179.793

Billion

4.2

Average refund

$2,863

$2,917

1.9

Direct Deposit Refunds:

Number

52,414,000

52,770,000

0.7

Amount

$157.786

Billion

$158.983

Billion

0.8

Average refund

$3,010

$3,013

0.08

If you haven't filed your federal income tax return yet, you're behind the curve. The Internal Revenue Service (IRS) says it has received more than half o...

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You may have money waiting for you -- and not know it

Go figure.

The Internal Revenue Service (IRS) says it has refunds totaling almost $760 million for an estimated 918,600 taxpayers who didn't even bother to file a federal income tax return for 2010.

There's a catch though: In order to collect the money, your have to file a return for 2010 with the IRS no later than Tuesday, April 15, 2014.

"The window is quickly closing for people who are owed refunds from 2010 who haven't filed a tax return," said IRS Commissioner John Koskinen. "We encourage students, part-time workers and others who haven't filed for 2010 to look into this before time runs out on April 15."

Why not file?

Some people may not have filed because they had too little income to require filing a tax return even though they had taxes withheld from their wages or made quarterly estimated payments. In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim a refund within three years, the money becomes property of the U.S. Treasury.

For 2010 returns, the window closes on April 15, 2014. The law requires that the return be properly addressed, mailed and postmarked by that date. There is no penalty for filing a late return qualifying for a refund.

The IRS reminds taxpayers seeking a 2010 refund that their checks may be held if they have not filed tax returns for 2011 and 2012. In addition, the refund will be applied to any amounts still owed to the IRS or their state tax agency, and may be used to offset unpaid child support or past due federal debts such as student loans.

Why you should file

By failing to file a return, people stand to lose more than just their refund of taxes withheld or paid during 2010. In addition, many low-and-moderate income workers may not have claimed the Earned Income Tax Credit (EITC). For 2010, the credit is worth as much as $5,666. The EITC helps individuals and families whose incomes are below certain thresholds. The thresholds for 2010 were:

  • $43,352 ($48,362 if married filing jointly) for those with three or more qualifying children,
  • $40,363 ($45,373 if married filing jointly) for people with two qualifying children,
  • $35,535 ($40,545 if married filing jointly) for those with one qualifying child, and
  • $13,460 ($18,470 if married filing jointly) for people without qualifying children.

Current and prior year tax forms and instructions are available on the Forms and Publications page of IRS.gov or by calling toll-free 800-TAX-FORM (800-829-3676). Taxpayers who are missing Forms W-2, 1098, 1099 or 5498 for 2010, 2011 or 2012 should request copies from their employer, bank or other payer.

If these efforts are unsuccessful, taxpayers can get a free transcript showing information from these year-end documents by going to IRS.gov. Taxpayers can also file Form 4506-T to request a transcript of their tax return.

Your money?

Individuals who did not file a 2010 return with a potential refund:

State or District

Estimated

Number of

Individuals

Median

Potential

Refund

Total

Potential

Refunds*

Alabama

15,700

$574

$12,473,000

Alaska

4,700

$649

$4,810,000

Arizona

23,800

$508

$17,517,000

Arkansas

8,400

$562

$6,667,000

California

86,500

$519

$69,752,000

Colorado

17,100

$567

$14,061,000

Connecticut

11,700

$620

$10,304,000

Delaware

3,800

$573

$3,126,000

District of Columbia

3,500

$604

$3,080,000

Florida

56,800

$593

$48,407,000

Georgia

28,400

$539

$22,504,000

Hawaii

6,200

$586

$5,413,000

Idaho

3,500

$490

$2,604,000

Illinois

37,900

$626

$32,696,000

Indiana

19,600

$570

$15,478,000

Iowa

9,200

$576

$7,050,000

Kansas

9,300

$522

$6,986,000

Kentucky

11,500

$576

$8,975,000

Louisiana

17,500

$603

$15,579,000

Maine

3,500

$502

$2,373,000

Maryland

20,700

$575

$18,002,000

Massachusetts

21,000

$560

$17,856,000

Michigan

29,200

$597

$24,259,000

Minnesota

12,700

$516

$9,582,000

Mississippi

8,500

$556

$6,769,000

Missouri

17,900

$514

$13,153,000

Montana

2,900

$534

$2,338,000

Nebraska

4,500

$528

$3,368,000

Nevada

11,400

$570

$9,156,000

New Hampshire

3,800

$602

$3,245,000

New Jersey

29,500

$639

$26,712,000

New Mexico

7,200

$572

$5,915,000

New York

57,400

$623

$50,543,000

North Carolina

24,300

$494

$17,538,000

North Dakota

1,900

$600

$1,551,000

Ohio

32,100

$560

$24,508,000

Oklahoma

15,100

$585

$12,246,000

Oregon

14,300

$519

$10,359,000

Pennsylvania

37,400

$614

$31,009,000

Rhode Island

3,000

$598

$2,472,000

South Carolina

10,200

$532

$7,756,000

South Dakota

2,100

$558

$1,605,000

Tennessee

16,300

$559

$12,839,000

Texas

80,600

$588

$71,998,000

Utah

6,100

$518

$4,705,000

Vermont

1,600

$519

$1,136,000

Virginia

26,300

$568

$22,376,000

Washington

24,800

$640

$23,033,000

West Virginia

4,100

$626

$3,534,000

Wisconsin

10,900

$516

$8,423,000

Wyoming

2,200

$648

$2,045,000

Totals

918,600

$571

$759,889,000

   * Excluding the Earned Income Tax Credit and other credits.

Go figure. The Internal Revenue Service (IRS) says it has refunds totaling almost $760 million for an estimated 918,600 taxpayers who didn't even bother ...

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DIY filers turn to home computers

Using a home computer to file your tax return appears to be catching on.

According to the Internal Revenue Service (IRS) more than 27 million taxpayers have filed their tax returns from home computers so far this year -- up almost 6% from last year.

While these taxpayers used a variety of software products to prepare and e-file their own returns, there are other options. The IRS says you can also prepare and e-file your federal tax return online for free through Free File at IRS.gov. Free File has an option for almost everyone, either through brand-name software or online fillable forms.

The Free File program is a public-private partnership between the IRS and the Free File Alliance, LLC. The Alliance is a consortium of 14 leading tax software providers who make their products available exclusively at www.irs.gov/freefile. All Free File members meet security requirements and use the latest in encryption technology to protect taxpayer information.

Income restrictions

Seventy percent of taxpayers are eligible for easy-to-use Free File software because their income was $58,000 or less in 2013. People who made more than $58,000 and who are comfortable preparing their own returns can use Free File Fillable Forms, the electronic version of IRS paper forms.

Each Free File software provider sets its own criteria for eligibility, generally based on income, age, state residency or military service. However, taxpayers can quickly find a match by using the “help me find Free File software” tool. Or, taxpayers can review all providers and their offers. Some software providers also offer state tax software and display on their landing pages whether it is free or if there is a fee.

Free File Fillable Forms is more basic, similar to completing a paper Form 1040. The program performs some math calculations and provides links to some IRS publications. It also can be filed electronically for free. However, it does not support any state tax returns.

The total number of individual income tax returns e-filed so far this year is 62.2 million. E-file includes both returns filed from home computers and those e-filed by professional tax return preparers.   

                             2014 FILING SEASON STATISTICS

                  Cumulative statistics comparing 3/08/13 and 3/07/14

Individual Income Tax Returns:

2013

2014

% Change

Total Receipts

67,143,000

67,183,000

0.1

Total Processed

60,944,000

65,662,000

7.7

E-filing Receipts:

TOTAL          

61,488,000

62,213,000

1.2

Tax Professionals

35,585,000

34,816,000

-2.2

Self-prepared

25,903,000

27,397,000

5.8

Web Usage:

Visits to IRS.gov

197,651,780

181,196,235

-8.3

Total Refunds:

Number

53,447,000

55,434,000

3.7

Amount

$154.696

Billion

$164.586

Billion

6.4

Average refund

$2,894

$2,969

2.6

Direct Deposit Refunds:

Number

47,177,000

47,976,000

1.7

Amount

$142.861

Billion

$146.305

Billion

2.4

Average refund

$3,028

$3,050

0.7

Using a home computer to file your tax return appears to be catching on. According to the Internal revenue Service (IRS) more than 27 million taxpayers ha...

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Who can be claimed as a dependent on your tax return?

Claiming yourself as a dependent provides a nice tax benefit when you fill out your federal return but being able to claim others just makes it nicer. For a typical family there can be a claim for both spouses and claims for each of the children.

Even if you got married on December 31, or had a child on that date, you can still claim the deduction for the entire year. For the 2013 tax year the personal exemption for a dependent is $3,900, up $100 from 2012. Since the total exemptions are deducted from your taxable income, being able to claim someone as a dependent is highly advantageous.

Two types

According to the Internal Revenue Service (IRS) there are two types of dependents – a qualifying child and a qualifying relative. The person you are claiming must be a U.S. citizen, a U.S. national, a U.S. resident, or a resident of Canada or Mexico.

But wait, can you claim a non-related foreign-exchange student who is living with you temporarily? If they fit into any of the above categories, you might.

It's also important that no one else be able to claim them as a dependent. For example, if you contribute more than 50% of Aunt Janet's support, you might be able to claim her as a dependent. But if Aunt Janet is claiming herself as a dependent on her own tax return, you can't. So some coordination among tax preparers is necessary.

Qualifying child

To qualify as a dependent, a child must meet a set of requirements. First, they must be legally related to you, either as your biological son or daughter, or stepchild, eligible foster child or adopted child. If the child is your brother, sister, half brother, half sister, stepbrother, stepsister, or the child of any of them, they may also qualify.

There is also an age requirement. A dependent child must be under age 19 in most cases. If a full time student, they must be under 24. If they are permanently disabled, there is no age limit.

A qualifying child must live with you for more than half the year and, if they have a job it cannot pay more than what you contribute. In other words, what they get from you must be at least 50% of their support.

Qualifying relative

To be a qualifying relative the person must generally live with you at your residence all year round. There are, however, a number of exceptions, which the IRS outlines in Publication 501.

There is also an income limit for a qualifying relative. For the 2013 tax year they cannot earn more than $3,900 in income. As with children, you must be the only one claiming them and you must contribute more than 50% of their support.

Tax credit

In addition to the dependent exemptions, you may be able to claim the child and dependent care tax credit if you paid work-related expenses for the care of a qualifying individual. The credit is usually a percentage of the amount of work-related expenses you paid to a care provider for the care of a qualifying individual.

The percentage depends on your adjusted gross income. Work-related expenses qualifying for the credit are those paid for the care of a qualifying individual to enable you to work or actively look for work.

The total expenses that may be used to calculate the credit are capped at $3,000 for one qualifying individual or at $6,000 for two or more qualifying individuals. A tax credit is a much more advantageous tax break than a deduction, since the credit is subtracted from the taxes you owe, not the income used to determine the taxes owed.

Claiming yourself as a dependent provides a nice tax benefit when you fill out your federal return but being able to claim others just makes it nicer. For ...

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Steady as she goes at the IRS

Three weeks into the filing season, the Internal Revenue Service (IRS) has received about a third of the individual income tax returns that it expects to receive this year.

According to the agency, nearly 98% of the 49.6 million returns it has received so far have been processed. In fact, IRS says that each week this filing season, it has processed a greater percentage of the returns received than during comparable weeks last year.

Zapping them in

More taxpayers are filing their returns electronically this year. Overall, 46.6 million returns have been e-filed this year, up 1% from the same time last year. As in prior years, the greatest increase is among individuals filing from their home computers. Nearly 22 million returns have been e-filed from home computers this year, according to IRS -- an increase of almost 7% from the same time last year.

And -- the good news for taxpayers -- the IRS has issued more than 40 million tax refunds this year, an increase of more than six% compared to the same time in 2013, with almost 90% of these refunds directly deposited into taxpayers’ accounts.

Here's a breakdown of the filing season so far:

2014 FILING SEASON STATISTICS

Cumulative statistics comparing 2/22/13 and 2/21/14

Individual Income Tax Returns:

2013

2014

% Change

Total Receipts

49,448,000

49,558,000

0.2

Total Processed

42,837,000

48,335,000

12.8

E-filing Receipts:

TOTAL           

46,149,000

46,641,000

1.1

Tax Professionals

25,618,000

24,687,000

-3.6

Self-prepared

20,531,000

21,954,000

6.9

Web Usage:

Visits to IRS.gov

155,167,572

145,881,766

-6.0

Total Refunds:

Number

38,042,000

40,389,000

6.2

Amount

$113.738

Billion

$125.831

Billion

10.6

Average refund

$2,990

$3,116

4.2

Direct Deposit Refunds:

Number

34,618,000

35,694,000

3.1

Amount

$107.228

Billion

$112.628

Billion

5.0

Average refund

$3,097

$3,155

1.9

Three weeks into the filing season, the Internal Revenue Service (IRS) has received about a-third of the individual income tax returns that it expects to r...

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Don't overlook Earned Income Tax Credit

Not everyone qualifies for it. In fact, it's specifically designed for low-income wage earners, which these days includes a lot of people. But if you qualify for the Earned Income Tax Credit (EITC), it could put more money in your pocket at tax time than you would ordinarily receive.

“One-third of the population eligible for EITC changes each year as their personal circumstances change,” said IRS Commissioner John Koskinen. “We want workers who may qualify for EITC for the first time to have all the information they need to get the EITC and get it right.”

Making work more attractive

Congress passed the EITC in 1975 but it has grown over the years into one of the government's largest tools to fight poverty. Its purpose is to make work – especially low-wage work – more attractive.

A lot of factors go into determining the size of of a tax credit, including income, family size and filing status. The IRS has an online tool that can help you find out if you qualify.

As you will quickly see the EITC is designed specifically to help families with children. To qualify this tax year the taxpayer's Adjusted Gross Income for a family with three or more qualifying children must be less than $46,997 – or $52,427 if married and filing a joint return. But for taxpayers with no children, the income limit is $14,590 – or $20,020 if married and filing jointly.

80% are eligible

The Internal Revenue Service (IRS) estimates that four out of five workers and their families get the credit. At the same time, the tax agency says millions miss it because they either don't claim it or they don't file a tax return at all.

To use the IRS' online tool just answer a few questions. The EITC Assistant does the math, helping you both determine whether or not you are eligible and, if you are, how much the tax credit works out to be. If you don't qualify, the Assistant will tell you why.

For the 2013 tax year Treasury Department and IRS have ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes, including eligibility for the EITC.

Last year, the IRS says 27 million people were eligible and received more than $63 billion total in EITC, with an average EITC amount of $2,300. Qualifying families with children receive the most. The EITC for them maxes out at $6,044.

But even couples with no children can get a maximum of $487. What makes this tax break unique it is available to people who owe no taxes. That's why even if you are not required to file a return, because your income is so low, you should anyway.

Professional help

Tax preparers are very familiar with the EITC and competent professionals will be quick to take advantage of it if you qualify. But the IRS urges taxpayers to use only trusted tax preparers, as it as seen a number of false claims in recent years.

For example, scams that create fictitious qualifying children or inflate income levels to get the maximum EITC could land you – not just the tax preparer – in trouble. Besides paying a penalty, you might be prevented from claiming the EITC in the future.

Under the law if you have a claim denied for any reason other than an honest mistake, future claims must be accompanied by Form 8862, insuring your claim will get extra scrutiny.

Not everyone qualifies for it. In fact, it's specifically designed for low-income wage earners, which these days includes a lot of people. But if you quali...

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It's refund season

Feeling a little more flush this year? If you've already filed your 2013 federal income tax return, there may be a good reason.

Tax filing statistics for the 2014 season showing 15% more refunds have been issued this year than during the same period in 2013. Additionally, the Internal Revenue Service (IRS) says the average federal refund is $3,211 -- up $190 from the same period a year ago.

The statistics, covering the period through Feb. 14, show that while the overall number of tax returns filed this year is down slightly )less than a percentage point), nearly 95% of all returns received were filed electronically.

The following table of statistics provides a complete picture

Cumulative statistics comparing 2/15/13 and 2/14/14

Individual Income Tax Returns:

2013

2014

% Change

Total Receipts

39,531,000

39,224,000

-0.8%

Total Processed

30,762,000

38,385,000

24.8%

E-filing Receipts:

Total           

37,112,000

37,165,000

0.1%

Tax Professionals

20,028,000

18,953,000

-5.4%

Self-prepared

17,084,000

18,212,000

6.6%

Web Usage:

Visits to IRS.gov

123,945,553

122,140,734

-1.5%

Total Refunds:

Number

27,100,000

31,308,000

15.5%

Amount

$81.861

billion

$100.541

billion

22.8%

Average refund

$3,021

$3,211

6.3%

Direct Deposit Refunds:

Number

24,957,000

27,748,000

11.2%

Amount

$77.888

billion

$89.593

billion

15.0%

Average refund

$3,121

$3,229

3.5%

For more information on tax credits available for this filing season and other tax questions, try the Interactive Tax Assistant online tool on the IRS website. Up-to-date refund information can be found by using the Where’s My Refund? tool.    

Feeling a little more flush this year? If you've already filed your 2013 federal income tax return, there may be a good reason. Tax filing statistics for ...

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The 2014 tax filing season is off and running

Taxpayers aren't wasting any time filing their 2013 federal income tax returns, outpacing filings for the same time last year.

The Internal Revenue Service (IRS) says that, as of Feb. 7, it's received 27.3 million returns -- up 2.5% from the same time last year. Electronically filed returns account for almost 96% of those filed so far this year.

Taxpayers, either through tax preparers or from their home computers, have e-filed more than 26 million returns -- up almost 4% from the same time a year ago. As of Feb. 7, taxpayers have filed more than 13 million returns from home computers – a year-over-year increase of 14.7%.

Rising refunds

Refunds are up for 2014, with almost 19.5 million issued this year -- an increase of more than 18% over last year. The average refund as of Feb. 7 is $3,317, up 4.% from 2013. (Refund averages generally have higher dollar values early in the filing season than later in the year.)

Most refunds are directly deposited into taxpayer accounts. Just over 87% all refunds issued were directly deposited as of Feb. 7.

2014 FILING SEASON STATISTICS

Cumulative statistics comparing 2/8/13 and 2/7/14

Individual Income Tax Returns:

2013

2014

% Change

Total Receipts

26,589,000

27,249,000

2.5

Total Processed

18,811,000

26,945,000

43.2

E-filing Receipts:

TOTAL          

25,121,000

26,081,000

3.8

Tax Professionals

13,456,000

12,699,000

-5.6

Self-prepared

11,665,000

13,382,000

14.7

Web Usage:

Visits to IRS.gov

90,706,865

89,683,640

-1.1

Total Refunds:

Number

16,424,000

19,459,000

18.5

Amount

$52.059 billion

$64.546 billion

24

Average refund

$3,170

$3,317

4.6

Direct Deposit Refunds:

Number

15,457,000

16,976,000

9.8

Amount

$50.214 billion

$55.815 billion

11.2

Average refund

$3,249

$3,288

1.2

Taxpayers aren't wasting any time filing their 2013 federal income tax returns, outpacing filings for the same time last year. The Internal Revenue Servi...

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Need tax help fast? Here's how

Heading into the Presidents Day weekend, the Internal Revenue Service (IRS) is reminding taxpayers that this holiday period typically marks one of the busiest weeks of the tax filing season for its phone lines.

But you don't have to worry about getting through. There are alternatives to help find answers to commonly asked tax questions.

The agency has several easy-to-use, online tools where you can check the status of your refund, request a copy of a tax transcript or get an answer to tax questions around the clock.

“The entire week of the Presidents Day holiday marks a peak time in the number of calls to the IRS,” said Commissioner John Koskinen, “and we encourage taxpayers to visit IRS.gov as the best place to get quick help.”

Due to limited resources, the IRS has changed the services provided at the toll-free telephone number and IRS Taxpayer Assistance Centers. To save time and find answers faster, a good place to start is 1040 Central for a quick overview. The IRS Services Guide also provides a list of resources.

What to do

Here are some of the most common reasons people call the IRS over Presidents Day holiday week and the faster and easier ways to get answers:

Find your refund

More than 90% of refunds are issued in less than 21 days. IRS representatives will not provide individual refund information before then. Taxpayers can easily find information about their refund by using the Where’s My Refund? tool. It’s available on IRS.gov and on the Smartphone app, IRS2Go. Where’s My Refund? provides taxpayers with the most up-to-date information available. Taxpayers must have information from their current, pending tax return to access their refund information. Refund information is updated just once a day, generally overnight, so there’s no need to check more than once a day.

Getting a W-2

Employers are required to send to their employees a Form W-2, Statement of Earnings, by January 31. Employees should allow enough time for their form to be mailed to their address of record. If form W-2 is not received by mid-February, employees should first contact their employer to ensure they have the correct address on file.

After exhausting all options with the employer, employees may contact the IRS and we will send a letter to the employer. However, it's a good idea to call after Presidents Day week to avoid long wait times.

Need a copy of your tax return or transcript?

Taxpayers can easily order a return or transcript on the IRS.gov website, the IRS2Go Smartphone app or by mailing a completed Form 4506-T. More information on these options is available at IRS.gov.

Ordering a tax return or tax transcript does not mean a taxpayer will get a refund faster. The two are not connected in any way. IRS transcripts are often used to validate income and tax filing status for mortgage, student and small business loan applications and to help with tax preparation.

Answers to tax law questions

Questions about what filing status means, whether to file a tax return or who can be claimed as a dependent? Simply do a keyword search on IRS.gov; use Publication 17, the annual, searchable income tax guide; or the IRS Tax Map, which allows search by topic or keyword for single-point access to tax law information by subject. Taxpayers can even call TeleTax at 1-800-829-4477 for recorded information on a variety of general and business tax topics.

Can’t pay a tax bill?

For taxpayers whose concern isn’t a refund, but rather, a tax bill they can’t pay, the Online Payment Agreement tool can help them determine in a matter of minutes whether they qualify for an installment agreement with the IRS. And those whose tax obligation is even more serious, the Offer in Compromise Pre-Qualifier can help them determine if they qualify for an offer in compromise, an agreement with the IRS that settles their tax liability for less than the full amount owed.

Tax-preparation help

Free tax return help is available nationwide from volunteers and on IRS.gov with Free File. Local community partners operate roughly 13,000 Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) sites nationwide. Find a location nearby by searching “Free Tax Help” on IRS.gov.

IRS Free File is offered by 14 tax software companies that make their brand-name products available for free to the 70 percent of taxpayers who earned $58,000 or less last year. Free File Fillable Forms is available for households whose earnings are more than $58,000 and are comfortable preparing their taxes.

Heading into the Presidents Day weekend, the Internal Revenue Service (IRS) is reminding taxpayers that this holiday period typically marks one of the busi...

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Where's your refund? You can check online

Taxpayers eager to receive their tax refund are no doubt busy preparing their returns and many have already filed. Now, when does that refund arrive?

It depends. If you filed electronically, you have taken the first step in speeding up your refund. If you have set up direct deposit to receive your money you have taken a second important step. You should get your money within three weeks.

Where's My Refund?

For those who want to track the progress of their refund the IRS offers an online tool called Where's My Refund? You can access it from your desktop or three the free mobile app IRS2GO. 

According to the IRS, Where's My Refund will provide the most up to date information available about your refund. The tool is updated once a day, usually overnight, so you don’t need to check more often.

The IRS says nine out of 10 refunds are issued within 21 days of receiving it electronically. However, it's possible your tax return may require additional review and take longer. If so, the tool will help you stay in touch with your progress.

Almost immediately

You can use Where's My Refund to start checking on the status of your return within 24 hours after the tax agency has received your e-filed return or four weeks after you mail a paper return. Where’s My Refund has a tracker that displays progress through three stages:

  • Return Received
  • Refund Approved and
  • Refund Sent

Trying to talk with an IRS representative about your refund will be difficult. For starters, the agency doesn't make representatives available if it has been fewer than 21 days since you filed electronically or less than six weeks since mailing a paper return.

Personalized information

The information you receive through Where's My Refund is personalized, based on the processing of your return. The tool will provide an actual refund date as soon as the IRS processes your tax return and approves your refund. The IRS produced the video below to walk you through the process of using the tool.

Speed estimates are just that – estimates. Sometimes your status may change from “return received” to “refund approved” in just a few days, but it could take longer and a date will not be provided until your refund has gotten a gree light. However, if the tool shows that your return is in the “received” stage, then it is currently being processed.

There are factors that could cause your process to slow down. According to the IRS, mistakes in returns, returns that are incomplete or ones flagged for further review – usually not a good sign – are common reasons your refund could be slow in coming to you.

Taxpayers eager to receive their tax refund are no doubt busy preparing their returns and many have already filed. Now, when does that refund arrive?It d...

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Home office deductions carry strict rules

There was a time when to claim a home office deduction on your federal income tax return was to invite extra close scrutiny from the Internal Revenue Service (IRS). With the explosion in home-based businesses and entrepreneurial start-ups, these deductions are now a lot more common.

Still, the IRS has very strict rules about what constitutes the business use of your home and what doesn't. To avoid running afoul of the tax law make sure you understand and abide by the rules. 

The first, and most important criteria, for the write-off of part of your home is how you use it. It must be used “exclusively and regularly as your principal place of business for your trade or business.”

What that means

Exclusively means just what you think it does. The space cannot also have other uses, such as room where the family watches TV or the kids play video games. Regular means it has an ongoing business use.

A spare bedroom that is only used for your seasonal part-time business doing tax returns for people, three and a half months out of the year, might meet the “exclusive” test but not the “regular” test.

Other cases where your home may qualify for a tax deduction include:

  • A separate structure used exclusively and regularly in connection with your trade or business that is not attached to your home
  • On a regular basis for certain storage use
  • For rental use
  • As a daycare facility

Tests

Under the principal place of business test, you must make sure that your home is the principal place of your trade or business after considering where your most important activities are performed and most of your time is spent. If you have no other office location, for example, you may be able to deduct part of your home. However, if you do have an office outside the home, you can't.

Deductions may also be taken for business storage purposes when the house is the sole fixed location of the business or for regular use of a residence for the provision of day care services. In these cases exclusive use is not required.

If you qualify for a business use deduction, what exactly do you get to deduct? Deductible expenses include a portion of real estate taxes, mortgage interest, rent, casualty losses, utilities, insurance, depreciation, maintenance, and repairs. You can't deduct expenses for lawn care, even if you think it is important to present a pleasing image to clients who may visit the premises.

New Simplified Option

Beginning with the 2013 tax year the IRS offers a Simplified Option for Home Office Deduction that provides a standard deduction of $5 per square foot, capped at 300 square feet. However, this simplified option does not alter any eligibility requirements. 

According to the IRS the business use of home deduction has been computed by allocating the total expenses of the home to the percentage of the home used for business. Typically, this is done by floor space – exclusive and regular business use of 500 square feet of a 2,000 square foot home would allow a 25% write-off. Qualified daycare providers who do not use their home exclusively for business purposes must also figure the percentage based on the amount of time the applicable portion of the home is used for business.

If you are self-employed you claim the business use of your home deduction on Schedule C, Profit or Loss From Business. The deduction itself is first computed on Form 8829. 

Employees can sometimes do it

In rare cases employees of businesses are able to claim the business use deduction, but again, there are strict rules.

The business use of your home must be for the convenience of your employer, not you. For example, if you employer needs you to perform the work off site, the deduction may apply.

You cannot receive any kind of rent from your employer for space in your home in which you do the work.

If maintaining an office at home is merely helpful in the performance of your work, but not required by your employer, the IRS will disallow all claims for the deduction.

There was a time when to claim a home office deduction on your federal income tax return was to invite extra close scrutiny from the Internal Revenue Servi...

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IRS updates smartphone tax aid app

No matter where you happen to be while working on your taxes, information from the Internal Revenue Service (IRS) is as close as your smartphone or mobile device. The IRS has just released IRS2Go 4.0, an update to its app with new features, in both English and Spanish.

What taxpayers might find especially useful is a new refund status tracker. It provides taxpayers an easy-to-use feature that allows them to follow their tax return throughout the process. If you're shopping, for example, and wondering when you can expect that refund to hit your bank account, the app can tell you.

Around the clock help

“The new version of IRS2Go provides taxpayers another way to quickly get information and help around the clock,” said IRS Commissioner John Koskinen. “The IRS is focused on providing taxpayers with convenient self-service tools like IRS2Go, which provides details on everything from tax refunds to free tax assistance.”

IRS2GO debuted during the 2011 tax season and since then the IRS says there have been approximately 3.5 million downloads. iPhone and iPod Touch users can update or download the free IRS2Go application by visiting the iTunes App Store. Android users can visit Google Play to download the free IRS2Go app.

The IRS says its newest version of the free mobile app offers a safe way to check on your refund status. You simply enter a Social Security number, which will be masked and encrypted for security purposes. Then you select a filing status and enter the amount of the anticipated refund.

The new refund status tracker has been added so that taxpayers can check their refund status 24 hours after the IRS acknowledges receipt of an e-filed return, or four weeks after mailing a paper return. The IRS says the tool is updated just once a day, usually overnight, so there is no reason to check more than once a day.

Free tax help

The app can also put you in touch with free tax prep providers. The IRS Volunteer Income Tax Assistance (VITA) and the Tax Counseling for the Elderly (TCE) Programs offer free tax help for taxpayers who qualify.

This is a new feature of IRS2Go, which will direct taxpayers to the nearest VITA site by simply entering their zip code and selecting a mileage range. By clicking on the directions button within the results, the maps application on the device will load with the address, making it easy to navigate to your desired location.

Taxpayers can also use the app to request their tax account or tax return transcript. The transcript will be delivered via the U.S. Postal Service to their address of record.

No matter where you happen to be and working on your taxes, information from the Internal Revenue Service (IRS) is as close as your smartphone or mobile de...

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Don't overlook college tuition tax deductions

Now that the Internal Revenue Service (IRS) has turned on the “open” sign taxpayers may begin filing their returns. As you start to work on your taxes, don't overlook some very attractive deductions.

For example, if you or a dependent attended a college, university or other qualifying educational institution last year you may be able to deduct some of the costs, significantly lowering your tax liability.

Limitations

You may qualify if, at any time during 2013 you paid qualified education expenses for yourself, your spouse, or your dependents. There are some limitations. You cannot claim the deduction if your filing status is married filing separately or if another person can claim an exemption for you as a dependent on his or her tax return. The qualified expenses must be for higher education, such as tuition, fees and books – as long as they are required for attendance – and not living expenses.

There is also a limit on income. If you're an individual taxpayer whose Modified Adjusted Gross Income (MAGI) is more than $80,000 or a married taxpayer with a MAGI over $160,000, you are not eligible.

However, if you can qualify for this deduction you can reduce the amount of your income subject to tax by up to $4,000.

You don't have to itemize

The nice thing about this particular deduction is that it doesn't go on IRS form Schedule A (Form 1040), which is for itemized deductions. Unless you have a lot of deductions, it usually makes sense not to itemize but take the Standard Deduction, which is $6,100 for a single taxpayer in 2013.

Since the education deduction is actually an adjustment to income, you can claim this deduction even if you do not itemize deductions on Schedule A. This deduction may also be beneficial to you if you do not qualify for the American opportunity or lifetime learning credits.

What expenses qualify

According to the IRS, the tuition and fees deduction is based on qualified education expenses you pay for yourself, your spouse, or a dependent for whom you claim an exemption on your tax return. Generally, the deduction is allowed for qualified education expenses paid in 2013 in connection with enrollment at an institution of higher education during 2013 or for an academic period beginning in 2013 or in the first 3 months of 2014.

For example, if you paid $1,500 in December 2013 for qualified tuition for the spring 2014 semester beginning in January 2014, you may be able to use that $1,500 in figuring your 2013 deduction. An academic period includes a semester, trimester, quarter, or other period of study, such as a summer school session, as reasonably determined by an educational institution. In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.

If you have taken out loans to pay for school, you can claim a tuition and fees deduction for qualified education expenses you paid with the proceeds of the loan. Use the expenses to figure the deduction for the year in which the expenses are paid, not the year in which the loan is repaid. Treat loan disbursements sent directly to the educational institution as paid on the date the institution credits the student's account.

If a student withdraws from a class and receives a refund, that refund must be subtracted from the amount you are claiming as a deduction. However, if the qualified expenses are not refunded, you can still claim them, even though the student has withdrawn from the class.

Not all expenses qualify

Sorting out what qualifies for a deduction and what doesn't can be tricky. For example, you can't deduct the cost of insurance, medical expenses – including student health fees – room and board or transportation costs.

These costs are not eligible, even if the institution requires them as a condition of enrollment.

Now that the Internal Revenue Service (IRS) has turned on the “open” sign taxpayers may begin filing their returns. As you start to work on you...

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The 2014 tax season is off and running

If you've been champing at the bit to file your 2013 federal income tax return, feel free to do so.

The Internal Revenue Service (IRS) has opened the filing season by highlighting a growing array of online services and encouraging taxpayers to check out a variety of tax benefits, such as the often-overlooked Earned Income Tax Credit.

You have until Tuesday, April 15, 2014, to file your 2013 tax returns and pay any tax due. More than 148 million individual tax returns are expected to be filed this year, with more than four out of five now filed electronically.

About three out of four filers typically get refunds because they've had more withheld than they need to, and more than 90% of these refunds are received in less than 21 days, according to the IRS. Last year, taxpayers received an average refund of $2,744.

E-file, when combined with direct deposit, is the fastest way to get a refund, with more than 75% of refund recipients choosing direct deposit.

“Tens of millions of people will file their taxes in the next few weeks, and we encourage taxpayers to visit IRS.gov as the best place to get quick help,” said IRS Commissioner John Koskinen. “We continue to add features and make it more user-friendly to help taxpayers. People can get everything from answers to tax questions about preparing their tax return to checking the status of their refund after they file.”

The IRS began accepting and processing individual tax returns on January 31 after updating tax forms and completing programming and testing of its systems. The agency says it also has updated and strengthened its systems to help protect against refund fraud and identity theft. This annual updating process saw delays in October following the 16-day federal government shutdown.

EITC awareness

Although an estimated four out of five eligible workers and families get the Earned Income Tax Credit (EITC), which helps working families with low and moderate incomes, one in five miss out on it. That’s because either they don’t claim it when filing or they don’t file a tax return at all because their income is below the filing threshold. One-third of the population eligible for EITC shifts each year as their personal circumstances, such as work status or family situation, change and can affect eligibility.

“We urge people to look into EITC. Many people don’t realize they are eligible and simply overlook this credit,” Koskinen said. “There are easy ways to find out more about this credit, either by visiting IRS.gov, or using Free File or a software package. The IRS is working hard to educate people about EITC while also putting in place processes that identify and prevent improper payments.”

Online tools available

Aimed at individuals and families who made $51,567 or less last year, the EITC varies by income, family size and filing status. People can see if they qualify by answering a few questions using the EITC Assistant, a special online tool. Eligible taxpayers can also use another helpful online resource, the VITA Site Locator tool to locate one of nearly 13,000 community-based volunteer tax sites consisting of over 90,000 volunteers that can help them file their return for free.

The EITC Assistant and VITA Site Locator are just two of a growing array of online and automated IRS services that can help taxpayers get the information they need to file their returns and get their refunds quickly.

Tele-Tax, for example, helps taxpayers see if they qualify for various tax benefits, such as the Child Tax Credit and Additional Child Tax Credit for eligible families, the American Opportunity Tax Credit for parents and college students, the saver’s credit for low-and moderate-income workers saving for retirement and energy credits for homeowners making qualifying energy-saving home improvements.

The automated IRS services can also help home-based businesses check out the new simplified option for claiming the home office deduction, a straightforward computation that allows eligible taxpayers to claim $5 per square foot, up to a maximum of $1,500, instead of filling out a 43-line form (Form 8829) with often complex calculations.


Free File

When taxpayers are ready to fill out and file their returns, another online option enables anyone to e-file their returns for free. Free File offers two free electronic filing options: brand-name tax software or online Fillable Forms. Taxpayers who make $58,000 or less can choose free options from 14 commercial software providers. There’s no income limit for the second option, Free File Fillable Forms, the electronic version of IRS paper forms, which is best suited to people who are comfortable preparing their own tax return.

Even after taxpayers file, there are more online tools that can provide them with valuable assistance long after tax season ends. One of the most popular is Where’s My Refund?, a tool that enables taxpayers to track the status of their refund. Initial information will normally be available within 24 hours after the IRS receives the taxpayer’s e-filed return or four weeks after the taxpayer mails a paper return to the IRS. The system updates every 24 hours, usually overnight, so there’s no need to check more often.

Can't pay?

For taxpayers whose concern isn’t a refund, but rather, a tax bill they can’t pay, the Online Payment Agreement tool can help them determine whether they qualify for an installment agreement with the IRS. And those whose tax obligation is even more serious, the Offer in Compromise Pre-Qualifier can help them determine if they qualify for an offer in compromise, an agreement with the IRS that settles their tax liability for less than the full amount owed.

Another useful year-round tool, the IRS Withholding Calculator, helps employees make sure the amount of income tax taken out of their pay is neither too high nor too low. This tool can be particularly useful to taxpayers who, after filling out their tax returns, find that the refund or balance due was higher than expected.

Other help available

The IRS also offers more than 100 short instructional videos, tax tips and other useful resources year-round through a variety of social media platforms. They include:

YouTube, available in English, Spanish, and American Sign Language.

Several twitter feeds in English and Spanish at @IRSnews, @IRSenEspanol and @IRStaxpros.

Tumblr at www.internalrevenueservice.tumblr.com.

The IRS uses social media tools only to share information with the public, not to answer personal tax or account questions. And the agency reminds taxpayers to never post confidential information, such as a Social Security number, on social media sites.

If you've been champing at the bit to file your 2013 federal income tax return, feel free to do so. The Internal Revenue Service (IRS) has opened the fili...

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How to select a tax preparer

 If you normally pay someone to prepare your federal and state tax returns, you should have someone lined up by now. But if you haven't gotten around to that yet, you can still find a competent, thorough professional – if you know where to look and what questions to ask.

It's probably not a good idea to walk into the closest franchise storefront tax operation and simply hand over your tax records to whoever happens to be on duty. In some cases they aren't even full-time employees and might not be working there next tax season. Continuity, building a long-term relationship with your tax preparer, is a crucial first step.

The Internal Revenue Service (IRS) also suggests that you choose carefully when hiring an individual or firm to prepare your return. Most return preparers are professional, honest and provide excellent service to their clients, the agency says, but there are always exceptions.

Preparer Tax Identification Numbers

This year, the IRS is reminding taxpayers that they should use only preparers who sign the returns they prepare and enter their Preparer Tax Identification Numbers (PTINs). But regardless of who you choose, remember that you, the taxpayer, are legally responsible for what’s on their tax return even if it is prepared by someone else.

After establishing that your tax preparer is going to be there next season and the season after that, check the individual's qualifications. New regulations require all paid tax return preparers to have a Preparer Tax Identification Number (PTIN).

In addition to making sure they have a PTIN, ask if the preparer is affiliated with a professional organization and attends continuing education classes. It's worth noting the IRS is also phasing in a new test requirement to make sure those who are not an enrolled agent, CPA, or attorney have met minimal competency requirements. Those subject to the test will become a Registered Tax Return Preparer once they pass it.

Sleuthing

Once you are satisfied with the tax preparer's qualification, check into their history. Googling their name, along with “tax preparer” or “accountant” might turn up both flattering and unflattering information. Check their licensure status through the state boards of accountancy for certified public accountants; the state bar associations for attorneys; and the IRS Office of Enrollment for enrolled agents.

Next, find out what it's going to cost. This is going to depend on the complexity of your tax return. The fewer forms that are required to go along with your Form 1040, the cheaper it should be. The IRS suggests avoiding preparers who base their fee on a percentage of your refund or those who claim they can obtain larger refunds than other preparers.

Also, always make sure any refund due is sent to you or deposited into an account in your name. Under no circumstances, the IRS says, should all or part of your refund be directly deposited into a preparer’s bank account.

E-filing

A good tax preparer will offer electronic filing. In fact, any paid preparer who prepares and files more than 10 returns for clients must file the returns electronically, unless the client opts to file a paper return. The IRS strongly encourages electronic returns, along with direct deposit for refunds. The process will go faster and more smoothly if you file electronically.

If the IRS has a question about your return once it is file, will your preparer still be around to help you deal with it? Don't just assume – ask.

Once the return is complete, review it carefully. A paid preparer must sign the return and include his or her PTIN as required by law.

Do you really need a tax preparer? If your tax situation is simple, you might not. The IRS can even help many taxpayers prepare their own returns without the assistance of a paid preparer. Before seeking a paid preparer, taxpayers might consider how much information is available directly from the IRS through the IRS Web site.

If you normally pay someone to prepare your federal and state tax returns, you should have someone lined up by now. But if you haven't gotten around to tha...

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Don't let identity thieves steal your tax refund

Identity theft is already a growing consumer problem. When a hacker assumes your identity they can open up lines of credit in your name and even clean our your bank account.

To add insult to injury, they can even steal your federal income tax refund. In fact, the Internal Revenue Service (IRS) reports this is happening with alarming frequency.

All a hacker needs is your Social Security number. With it, they can file a phony tax return with a made-up W-2 form that shows you are getting a big refund. When the IRS gets the return it processes it, sending out the refund check to the bad guy. The theft isn't discovered until you get around to filing your real return.

Easy money

To the hacker it's easy money. If he has somehow gotten his hands on your actual W-2, you may have a very difficult time getting your money back. In any case, the U.S. taxpayers end up getting victimized as well.

The IRS has stepped up efforts in recent years on finding and prosecuting these specialized identity thieves. In Fiscal Year 2013 the agency began nearly 1,500 criminal investigations related to tax return identity theft, a 66% increase over the previous year. It's better, of course, to stop identity theft before it happens.

“The IRS has taken numerous steps to combat identity theft and protect taxpayers,” the agency said in a statement. “We are continually looking at ways to increase data security and protect taxpayers' identities with assistance from our Identity Protection Specialized Unit. Identity theft cases are among the most complex ones we handle.”

Take action

If you have reason to believe that someone has stolen your personal information you need to take action. For example, you may receive a letter from the IRS stating or learn from a tax professional that you filed more than one tax return, or that someone has already filed a return using your information. You may also learn that you have a balance due, refund offset or have had collection actions taken against you for a year you did not file.

Your identity may also have been stolen if you receive a notification of wages form an employer you have not worked for. If you receive such a letter from the IRS and you suspect your identity has been stolen, respond immediately to the name, address, phone number or fax listed on the IRS letter. Better yet, contact the IRS to determine if the letter is a legitimate IRS letter.

Another tip-off is when you learn that someone is using your Social Security number to seek employment, or for some other purpose not connected to your activities.

People to call

When you find out you have been a victim of identity theft, or suspect that you have been, there is a long list of people to call. First, contact the three credit reporting agencies to place a fraud alert on your credit files. Next, cancel all your credit cards. If someone is using your Social Security number, contact the Social Security Administration.

The IRS asks that you also place it on the list of people to call. Once you do it will place a hold on your account so that the thief will be unable to file a bogus return.

For other identity theft protection tips, check out the IRS video below:

Identity theft is already a growing consumer problem. When a hacker assumes your identity they can open up lines of credit in your name and even clean our ...

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Eager to file your tax return? Get a head start

Millions of taxpayers don't dread filing their income tax returns. They might if they owe extra tax, but in most cases taxpayers have over-paid and are due a refund. The sooner they get it, the better.

While the Internal Revenue Service (IRS) isn't in a position to accept your return before January 31, the agency says there is something you can do now to get ready and perhaps speed your refund – select one of 14 free brand-name tax-filing software products at IRS.gov/freefile.

You can then go ahead and complete your tax return online. The Free File companies will hold it until January 31, when they will file it with the IRS.

Tax preparers also getting started

“Many tax preparers and tax software companies are now open for return preparation, including Free File,” said IRS Commissioner John Koskinen. “If you plan to get a head start on your taxes, remember to e-file. If you want to save money and time, just use Free File to prepare and e-file your federal return at no charge.”

January 31 is the earliest the IRS can accept a return because the agency is conducting a number of system checks. As that date approaches Koskinen said taxpayers should use the time to get prepared. He says the IRS is a good source of helpful information.

“Free File is just one of the many services available through IRS.gov to help people with their taxes,” Koskinen said. “Additional services include Where’s My Refund for timely updates on refunds, YouTube videos with quick tax tips, and many other ways of getting information. We encourage taxpayers to explore IRS.gov as tax season approaches.”

Video tutorials

Among the YouTube videos on the site is this one, offering tips for choosing a tax preparer.

For those who normally do their taxes themselves, Free File is a no-cost way to do your federal tax returns either by using brand-name software or tax forms you can fill out online. The Free File software is available now to more than 100 million individuals and families that earn $58,000 or less. That's about 70% of taxpayers.

The IRS says nearly 40 million taxpayers have used Free File since it was introduced in 2003. The agency estimates these taxpayers have saved more than an estimated $1.2 billion by using the free tool.

How to use it

According to the IRS, it's simple to use. At IRS.gov/freefile, select the “Free File Software” button. Your choices of software will be determined in large part by your income, state residency and age. If your income is $58,000 or less, there should be at least one software you can use.

Want to see some reviews before selecting one? Simply select the “Help Me Find Free File Software” tool. After making your selection you'll be directed to the software company's website to begin preparing your return.

Fillable forms

What if your income is over $58,000? You can still file electronically using the IRS' online fillable forms. Instead of filling out the paper forms you can call up the appropriate tax forms on your screen, using your keyboard to fill in the data.

This service is available starting January 31. Once you complete and review your forms, you can then submit them electronically to the IRS.

This option also helps with math but not with step-by-step assistance that the commercial software programs provide. Instructions for filling out the form can be found on the IRS website. State tax return preparation is not available using this option.

Filing electronically will help speed up your refund but so will using direct deposit. Doing both will put you near the head of the line. Once the IRS begins processing returns, it expects to issue more than 90% of refunds in fewer than 21 days.

Millions of taxpayers don't dread filing their income tax returns. They might if they owe extra tax, but in most cases taxpayers have over-paid and are due...

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Taxpayer advocate calls for Taxpayer Bill of Rights

The Internal Revenue Service (IRS) needs to adopt a comprehensive Taxpayer Bill of Rights.

So says National Taxpayer Advocate Nina E. Olson in her 2013 annual report to Congress. The report also says the tax agency -- go figure -- needs more money.

“A Taxpayer Bill of Rights would serve as an organizing principle for tax administrators in establishing agency goals and performance measures, provide foundational principles to guide IRS employees in their dealings with taxpayers, and provide information to taxpayers to assist them in their dealings with the IRS,” the report says.

The advocate has long recommended adoption of the guidelines. In a prior report, Olson analyzed the IRS’s processing of applications for tax-exempt status and concluded its procedures violated eight of the ten taxpayer rights she has proposed. The 2013 report argues that the rationale for a Taxpayer Bill of Rights is much broader.

“Taxpayer rights are central to voluntary compliance,” the report says. “If taxpayers believe they are treated, or can be treated, in an arbitrary and capricious manner, they will mistrust the tax system and be less likely to comply with the laws voluntarily. If taxpayers have confidence in the fairness and integrity of the system, they will be more likely to comply.”

The report calls on the IRS to take the taxpayer rights that already exist and group them into ten broad categories, modeled on the U.S. Constitution’s Bill of Rights. The report says the “simplicity and clarity” of a thematic, principle-based Taxpayer Bill of Rights would help taxpayers understand their rights in general terms.

Mo money

Olson also expressed deep concern that the IRS is not adequately funded to serve taxpayers, pointing out that the agency annually receives more than 100 million telephone calls from taxpayers and that -- in fiscal year 2013 -- it could answer just 61% of calls from taxpayers seeking to speak with an IRS customer service representative.

“The year 2013 was a very challenging one for the IRS. Because of sequestration, the IRS’s funding was substantially cut, which translated into a reduction in taxpayer service,” Olson said in releasing the report. “And because of the 16-day government shutdown, the agency could not complete preparations for the upcoming tax filing season on time, delaying the date on which taxpayers can first file returns and claim refunds.”

The report reiterates the advocate’s longstanding recommendation that the relevant congressional committees work together to develop new procedures to fund the IRS, with the goal of maximizing tax compliance, particularly voluntary compliance, with due regard for protecting taxpayer rights and minimizing taxpayer burden.

The Internal Revenue Service (IRS) needs to adopt a comprehensive Taxpayer Bill of Rights (TBOR). So says National Taxpayer Advocate Nina E. Olson in her...

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Need help preparing your tax return?

Anytime I am asked if I do my own income taxes, I respond that I would no more do that than I would do my own appendectomy.

But, for those who insist on doing it themselves, the Internal Revenue Service (IRS) is offering several instructional YouTube videos to help them get ready for the upcoming filing season, which begins on Jan. 31.

There are several options available to help taxpayers prepare for the 2014 tax season and get their refunds -- if any -- as easily as possible. Many software companies are expected to begin accepting tax returns in January and hold those returns until the IRS systems open on Jan. 31. This includes the Free File partners that offer their software for free. 

Since the IRS will not process any tax returns before Jan. 31, there's no advantage to filing on paper before the opening date. Taxpayers will receive their tax refunds much faster by using e-file or Free File with the direct deposit option.

In addition, the IRS has short and informative YouTube videos on a number of tax-related topics in English, Spanish and American Sign Language (ASL). The channels have received nearly 6.5 million views:

  • IRS Videos
  • ASL Videos
  • Multilingual Videos

Specific videos that taxpayers may view to help them get ready over the coming weeks include:

  • Do-It-Yourself Free Tax Preparation ─ Helps taxpayers find free help from certified volunteers to electronically file tax returns. Taxpayers interested in helping their own communities can also watch a video to learn about becoming involved in the Volunteer Income Tax Assistance or Tax Counseling for the Elderly programs.
  • Do I Have to File a Tax Return? ─ Learn about the requirements for filing a tax return, including income limits and age, and why taxpayers may want to file even if they don't have to.
  • How to Get 1040 Forms ─  Provides tips on the quickest way to get the various 1040 forms on IRS.gov.
  • Tax Scams ─  Offers some tips on how to protect personal information and avoid becoming a tax scam victim.
  • Record-keeping ─  Learn which financial and tax files to keep and how long to keep them.
  • Changed Your Name After Marriage or Divorce? ─  Find out what you need to do if you have changed your name before you file your tax return.
  • Choosing a Tax Preparer ─ Hear some useful tips for choosing a reputable tax preparer.

The IRS uses social media tools and platforms to share the latest information on tax changes, initiatives, products and services. Among these are the IRS2Go phone application, YouTube, Tumblr, Twitter and Facebook. To protect taxpayer privacy, the IRS only uses social media tools to share public information, not to answer personal tax or account questions. It advises taxpayers to never post confidential information, like a Social Security number, on social media sites.

A listing is available on IRS.gov.

Anytime I am asked if I do my own income taxes, I respond that I would no more do that than I would do my own appendectomy. But, for those who insist on d...

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What to know before filing your 2013 tax return

If you plan to prepare your own federal income tax return, or even if you are paying someone to do it, it will be helpful to know about every possible tax break you are entitled to this year. To help, the Internal Revenue Service has just issued Publication 17, a comprehensive guide to tax preparation. 

The guide provides details on a wide range of features of the tax law that might enable you to trim your tax bill. For example, the American Opportunity Tax Credit (APTC) could provide a boost for parents and college students.

Education tax credit

The APTC provides a credit of up to $2,500 per eligible student. It's limited to families with a Modified Adjustable Gross Income (MAGI) of up to $180,000 or $90,000 for single taxpayers. It's available only if the student had not completed the first four years of postsecondary education before 2013.

It's available only for four tax years per eligible student, including any years the Hope credit was claimed. To be eligible, students must be pursuing a four-year degree or other recognized education credential. Also, the student must be enrolled at least half-time for at least one academic period that began during the tax year.

You may be able to claim this credit if you, your spouse, or a dependent you claim on your tax return was a student enrolled at or attending an eligible educational institution. The credits are based on the amount of qualified education expenses paid for the student in 2013 for academic periods beginning in 2013 and in the first 3 months of 2014.

For example, if you paid $1,500 in December 2013 for qualified tuition for the spring 2014 semester beginning in January 2014, you may be able to use that $1,500 in figuring your 2013 education credit.

Child tax credit

The child tax credit is a credit that may reduce your tax by as much as $1,000 for each of your children who meet qualifications. The additional child tax credit is a credit you may be able to take if you are not able to claim the full amount of the child tax credit.

To qualify, a child must be a son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them who was under the age of 17 at the end of 2013. They have to have lived with your for more than half of 2013 and provided no more than half of their own support. They also have to be a U.S. citizen, a U.S. national, or a resident of the United States.

Although a child may be your dependent, you may only claim a child tax credit or additional child tax credit for a dependent who is a citizen, national, or resident of the United States. An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal adoption.

Earned income tax credit

The Earned Income Tax Credit (EITC) is available to low income taxpayers. In fact, most recipients don't earn enough money to owe taxes. For 2013 the eligibility limits have been raised.

You may be able to take this credit if:

  • You have three or more qualifying children and you earned less than $46,227 ($51,567 if married filing jointly),
  • You have two qualifying children and you earned less than $43,038 ($48,378 if married filing jointly),
  • You have one qualifying child and you earned less than $37,870 ($43,210 if married filing jointly), or
  • You do not have a qualifying child and you earned less than $14,340 ($19,680 if married filing jointly).

Your adjusted gross income also must be less than the amount in the above list that applies to you.

Meanwhile, for higher income wage earners there is a new Medicare tax, outlined in Publication 17.

Beginning in 2013, a 0.9% Additional Medicare Tax applies to Medicare wages, railroad retirement (RRTA) compensation, and self-employment income that are more than $125,000 if married filing separately, $250,000 if married filing jointly, or $200,000 for any other filing status.

If you plan to prepare your own federal income tax return, or even if you are paying someone to do it, it will be helpful to know about every possible tax ...

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IRS opens 2014 tax season a day late this year

Santa hasn't even made his rounds yet and already Uncle Sam is on your doorstep with his hand out.

The Internal Revenue Service (IRS) has just announced that it plans to open the 2014 filing season on Jan. 31. The tax agency says this will allow it adequate time to program and test its tax processing systems. The annual process for updating IRS systems saw significant delays in October following the 16-day federal government shutdown.

“Our teams have been working hard throughout the fall to prepare for the upcoming tax season,” IRS Acting Commissioner Danny Werfel said. “The late January opening gives us enough time to get things right with our programming, testing and systems validation. It’s a complex process, and our bottom-line goal is to provide a smooth filing and refund process for the nation’s taxpayers.”

Shutdown produces delays

The government closure meant the IRS had to change the original opening date from Jan. 21 to Jan. 31 -- one day later than the 2013 filing season opening following tax law changes made by Congress on Jan. 1 under the American Taxpayer Relief Act (ATRA). The extensive set of ATRA tax changes affected many 2012 tax returns, resulting in the late January opening.

The October shutdown came during the peak period for preparing IRS systems for the 2014 filing season. Programming, testing and deployment of more than 50 IRS systems is needed to handle processing of nearly 150 million tax returns. Updating these core systems is a complex, year-round process with the majority of the work beginning in the fall of each year.

About 90 percent of IRS operations were closed during the shutdown, with some major work streams closed entirely during this period, putting the IRS nearly three weeks behind its tight timetable for being ready to start the 2014 filing season. There are additional training, programming and testing demands on IRS systems this year in order to provide additional refund fraud and identity theft detection and prevention.

Filing options

The IRS notes that several options are available to help you prepare for the 2014 tax season and get any refund you have coming as easily as possible. New year-end has been added to the IRS website.

In addition, many software companies are expected to begin accepting tax returns in January and hold those returns until the IRS systems open on Jan. 31. More details will be available in January.

The IRS emphasized that it will not process any tax returns before Jan. 31, so there is no advantage to filing on paper before the opening date. Taxpayers will receive their tax refunds much faster by using e-file or Free File with the direct deposit option.

The April 15 tax deadline is set by statute and will remain in place. However, the IRS reminds taxpayers that anyone can request an automatic six-month extension to file their tax return. The request is easily done with Form 4868, which can be filed electronically or on paper.

IRS systems, applications and databases must be updated annually to reflect tax law updates, business process changes and programming updates in time for the start of the filing season.

Santa hasn't even made his rounds yet and already Uncle Sam is on your doorstep with his hand out. The Internal Revenue Service (IRS) has just announced t...

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It's time for some year-end tax planning

The end of the year, besides bringing holiday merrymaking, should also include a little tax planning. There are receipts to find and records to review – not just for the upcoming tax season but for the year ahead.

In 2014 your tax liability might change, for no other reason than you move into a different tax bracket. In the coming year your income doesn't have to rise or fall for that to happen. The current six tax brackets will expand to seven.

Here is how the new tax brackets break down:

  • 10% – Single earning less than $9,075, married filing jointly earning less than $18,150 or head of household earning less than $12, 950
  • 15% – Single earning $9,076 - $36,900, married filing jointly earning $18,151 - $73,800 or head of household earning $12,951-$49,400
  • 25% – Single earning $36,901-$89,350, married filing jointly earning $73,801-$148,850 or head of household earning $49,401-$127,550
  • 28% – Single earning $89,351-$186,350, married filing jointly earning $148,851-$226,850 or head of household earning $127,551-$206,600
  • 33% – Single earning $186,351-$405,100, married filing jointly earning $226,851-$405,100 or head of household earning $206,601-$405,100
  • 35% – Single earning $405,101-$406,750, married filing jointly earning $405,101-$457,600 or head of household earning $405,101-$432,200
  • 39.6% – Single earning $406,751 and above, married filing jointly earning $457,601 and above or head of household earning $432,201 and above

The above numbers, of course, reflect taxable income – the amount after you take all applicable deductions and credits. They are also marginal tax rates, meaning the first $9,075 your earn as a single taxpayer is taxed at 10% and the rest is taxed at the higher rates as your income rises through the brackets.

Last-minute 2013 tips

If you plan an end of the year donation to a charity, the Internal Revenue Service reminds you that this is the last year to take advantage of a special Individual Retirement Account (IRA) provision. If you do it before December 31, taxpayers age 70 ½ or older can directly transfer tax-free up to $100,000 to an eligible charity.

This option, first available in 2006, can be used for distributions from IRAs, regardless of whether the owners itemize their deductions. Distributions from employer-sponsored retirement plans, including SIMPLE IRAs and simplified employee pension (SEP) plans, are not eligible.

To qualify, the money must be transferred directly by the IRA trustee to the eligible charity. Distributed amounts may be excluded from the IRA account-holder's income, resulting in lower taxable income for the IRA owner. However, if the IRA owner excludes the distribution from income, no deduction, such as a charitable contribution deduction on Schedule A may be taken for the distributed amount.

If you plan to take a tax deduction by donating clothing and household goods to a charity, remember that the items must be in “good used condition” or better. If the donated item is worth $500 or more it doesn't have to meet this test, as long as the taxpayer includes a qualified appraisal of the item with the return.

Donors must also get a written acknowledgement from the charity for all gifts worth $250 or more that includes, among other things, a description of the items contributed. Household items include furniture, furnishings, electronics, appliances and linens.

Making a cash donation? To claim it you'll need a bank record or a written communication from the charity showing the name of the charity and the date and amount of the contribution. Bank records include canceled checks, bank or credit union statements, and credit card statements. Bank or credit union statements should show the name of the charity, the date, and the amount paid. Credit card statements should show the name of the charity, the date, and the transaction posting date.

The end of the year, besides bringing holiday merry-making, should also include a little tax planning. There are receipts to find and records to review &nd...

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Taxpayers across the USA targeted by phone scam

A sophisticated phone scam targeting taxpayers, including recent immigrants, is making the rounds throughout the country.

According to the Internal Revenue Service (IRS) the targets are told they owe money to the tax agency and must pay promptly through a pre-loaded debit card or wire transfer. Any taxpayer who refuses to cooperate is then threatened with arrest, deportation or suspension of a business or driver’s license. In many cases, the caller becomes hostile and insulting.

“This scam has hit taxpayers in nearly every state in the country. We want to educate taxpayers so they can help protect themselves. Rest assured, we do not and will not ask for credit card numbers over the phone, nor request a pre-paid debit card or wire transfer,” says IRS Acting Commissioner Danny Werfel. “If someone unexpectedly calls claiming to be from the IRS and threatens police arrest, deportation or license revocation if you don’t pay immediately, that is a sign that it really isn’t the IRS calling.”

In actuality, Werfel notes, the first IRS contact with taxpayers on a tax issue is likely to occur via mail

Recognizing the scam

Other characteristics of this scam include:

  • Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.
  • Scammers may be able to recite the last four digits of a victim’s Social Security Number.
  • Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.
  • Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.
  • Victims hear background noise of other calls being conducted to mimic a call site.
  • After threatening victims with jail time or driver’s license revocation, scammers hang up and others soon call back pretending to be from the local police or DMV, and the caller ID supports their claim.

What to do

If you get a phone call from someone claiming to be from the IRS, here’s what you should do:

  • If you know you owe taxes or you think you might owe taxes, call the IRS at 800-829-1040. The IRS employees at that line can help you with a payment issue -- if there really is such an issue.
  • If you know you don’t owe taxes or have no reason to think that you owe any taxes (for example, you’ve never received a bill or the caller made some bogus threats as described above), then call and report the incident to the Treasury Inspector General for Tax Administration at 800-366-4484.
  • If you’ve been targeted by this scam, you should also contact the Federal Trade Commission and use their “FTC Complaint Assistant” at FTC.gov. Add "IRS Telephone Scam" to the comments of your complaint.

This isn't the only scam targeting taxpayers. There are other unrelated scams (such as a lottery sweepstakes) and solicitations (such as debt relief) that fraudulently claim to be from the IRS.

The IRS does not initiate contact with taxpayers by email to request personal or financial information. This includes any type of electronic communication, such as text messages and social media channels. The agency also does not ask for PINs, passwords or similar confidential access information for credit card, bank or other financial accounts. Recipients should not open any attachments or click on any links contained in the message. Instead, forward the e-mail to phishing@irs.gov.

A sophisticated phone scam targeting taxpayers, including recent immigrants, is making the rounds throughout the country. According to the Internal Revenu...

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Some tax benefits to increase in 2014

It's only November, but already the Internal Revenue Service (IRS) is saying “Happy New Year” with the announcement of changes in benefits for 2014 for more than 40 tax provisions. It's all because of the annual inflation calculations which were announced earlier in the week.

Revenue Procedure 2013-35 provides details about these annual adjustments.

The changes

Here are a few of the changes of greatest interest to most taxpayers:

  • The tax rate of 39.6% affects singles whose income exceeds $406,750 ($457,600 for married taxpayers filing a joint return), up from $400,000 and $450,000, respectively. The other marginal rates – 10, 15, 25, 28, 33 and 35% -- and the related income tax thresholds are described in the revenue procedure.
  • The standard deduction rises to $6,200 for singles and married persons filing separate returns and $12,400 for married couples filing jointly -- up from $6,100 and $12,200, respectively, for tax year 2013. The standard deduction for heads of household rises to $9,100 from $8,950.
  • The limitation for itemized deductions claimed on tax year 2014 returns of individuals begins with incomes of $254,200 or more ($305,050 for married couples filing jointly).
  • The personal exemption rises to $3,950 from the 2013 exemption of $3,900. However, the exemption is subject to a phase-out that begins with adjusted gross incomes of $254,200 ($305,050 for married couples filing jointly). It phases out completely at $376,700 ($427,550 for married couples filing jointly.)
  • The Alternative Minimum Tax exemption amount for tax year 2014 is $52,800 ($82,100, for married couples filing jointly). The 2013 exemption amount was $51,900 ($80,800 for married couples filing jointly).
  • The maximum Earned Income Credit amount is $6,143 for taxpayers filing jointly who have 3 or more qualifying children, compared with a total of $6,044 for tax year 2013. The revenue procedure has a table providing maximum credit amounts for other categories, income thresholds and phaseouts.
  • Estates of decedents who die during 2014 have a basic exclusion amount of $5,340,000, up from a total of $5,250,000 for estates of decedents who died in 2013.
  • The annual exclusion for gifts remains at $14,000 for 2014.
  • The annual dollar limit on employee contributions to employer-sponsored healthcare flexible spending arrangements (FSA) remains at $2,500.
  • The foreign earned income exclusion rises to $99,200 for tax year 2014 from $97,600, for 2013.
  • The small employer health insurance credit provides that the maximum credit is phased out based on the employer’s number of full-time equivalent employees in excess of 10 and the employer’s average annual wages in excess of $25,400 for tax year 2014; it was $25,000 for 2013.

It's only November, but already the Internal Revenue Service (IRS) is saying “Happy New Year” with the announcement of inflation adjustments for 2014 for m...

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Your federal tax refund may be a little late arriving

Blame the government shutdown. The Internal Revenue Service (IRS) is.

The tax agency says because of the 16-day closure this month, there will be a delay of approximately one to two weeks to the start of the 2014 filing season to allow adequate time to program and test tax processing systems.

The original start date of the 2014 filing season was Jan. 21. The one- to two-week delay means the IRS will start accepting and processing 2013 individual tax returns no earlier than Jan. 28 and no later than Feb. 4.

Your responsibility

The late start to the filing season doesn't mean you can let the April 15 deadline slide. That date is set by statute and will remain in place. However, anyone can request an automatic six-month extension to file their tax return. The request is easily done with Form 4868, which can be filed electronically or on paper.

The agency will not process paper tax returns before the start date, which will be announced in December. There is no advantage to filing on paper before the opening date, and taxpayers will receive their tax refunds much faster by using e-file with direct deposit.

Bad timing

IRS processes, applications and databases must be updated annually to reflect tax law updates, business process changes and programming updates in time for the start of the filing season.

The government closure came during the peak period for preparing for the 2014 filing season. Programming, testing and deployment of more than 50 IRS systems is needed to handle processing of nearly 150 million tax returns. Updating these core systems is a complex, year-round process with the majority of the work beginning in the fall of each year.

About 90 percent of IRS operations were closed during the shutdown, with some major workstreams closed entirely, putting the agency nearly three weeks behind its tight timetable for being ready to start the 2014 filing season. There are additional training, programming and testing demands on IRS systems this year in order to provide additional refund fraud and identity theft detection and prevention.

Acting Commissioner Danny Werfel says the IRS is exploring options to shorten the expected delay, but notes that, “Readying our systems to handle the tax season is an intricate, detailed process, and we must take the time to get it right.”  

Blame the government shutdown. The Internal Revenue Service (IRS) is. The tax agency says because of the 16-day closure this month, there will be a delay ...

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Shutdown or no: Pay your taxes, IRS says

There may be a partial shutdown of the government, but the Internal Revenue Service (IRS) doesn't care. It wants your money.

In a recently issued bulletin, the tax agency is “reminding” people who requested a six-month extension to file their tax return care that a check is due by October 15.

According to the IRS, “The current lapse in federal appropriations does not affect the federal tax law, and all taxpayers should continue to meet their tax obligations as normal.” In other word, keep sending it in.

Many of the more than 12 million individuals who requested an automatic six-month extension earlier this year have yet to file their Form 1040 for 2012.

Not all are affected

While Oct. 15 is the last day for most people to file, some groups still have more time, including members of the military and others serving in Afghanistan or other combat zone localities who typically have until at least 180 days after they leave the combat zone to both file returns and pay any taxes due.

Also, people with extensions in parts of Colorado affected by severe storms, flooding, landslides and mudslides also have more time -- until Dec. 2, 2013, to file and pay.

Shutdown reminders

Taxpayers are encouraged to file their returns electronically using IRS e-file or the Free Filesystem to reduce the chance of errors.

Taxpayers can file their tax returns electronically or on paper. Payments accompanying paper and e-filed tax returns will be accepted and processed as the IRS receives them. Tax refunds will not be issued until normal government operations resume.

IRS operations are limited during the shutdown, with live assistors on the phones and at Taxpayer Assistance Centers unavailable. However, IRS.gov and most automated toll-free telephone applications remain operational.

Tax software companies, tax practitioners and Free File remain available to assist with taxes during this period.

There may be a partial shutdown of the government, but the Internal Revenue Service doesn't care. It wants your money. In a recently issued bulletin, the ...

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Tick-tock: Tax-filing and payment extensions are about to expire

Many of the more than 12 million taxpayers who requested an automatic six-month extension this year have yet to file -- and the deadline is approaching:  October 15 for most people.

Others though, including members of the military and others serving in Afghanistan or other combat zone localities, typically have until at least 180 days after they leave the combat zone to both file returns and pay any taxes due.

People with extensions in parts of  Colorado affected by severe storms, flooding, landslides and mudslides also have more time  -- until Dec. 2, 2013, to file and pay.

Check out tax benefits

Before filing, the IRS encourages taxpayers to take a moment to see if they qualify for these and other often-overlooked credits and deductions:

  • Benefits for low-and moderate-income workers and families, especially the Earned Income Tax Credit. The special EITC Assistant can help taxpayers see if they’re eligible.

  • Savers credit, claimed on Form 8880, for low-and moderate-income workers who contributed to a retirement plan, such as an IRA or 401(k).

  • American Opportunity Tax Credit, claimed on Form 8863, and other education tax benefits for parents and college students.

  • Same-sex couples, legally married in jurisdictions that recognize their marriages, are now treated as married, regardless of where they live. This applies to any return, including 2012 returns, filed on or after Sept. 16, 2013. This means that they generally must file their returns using either the married filing jointly or married filing separately filing status. Further details are on IRS.gov.

E-filing: fast, easy and sometimes free

The IRS urges taxpayers to choose the speed and convenience of electronic filing. IRS e-file is fast, accurate and secure, making it an ideal option for those rushing to meet the Oct. 15 deadline. The tax agency verifies receipt of an e-filed return, and people who file electronically make fewer mistakes too.

Everyone can use Free File, either the brand-name software, offered by IRS’ commercial partners to individuals and families with incomes of $57,000 or less, or online fillable forms, the electronic version of IRS paper forms available to taxpayers at all income levels.

Taxpayers who buy their own software can also choose e-file, and most paid tax preparers are now required to file their clients’ returns electronically.

Anyone expecting a refund can get it sooner by choosing direct deposit. Taxpayers can choose to have their refunds deposited into as many as three accounts. See Form 8888 for details.

Payment options

Taxpayers can e-pay what they owe, either online or by phone, through the Electronic Federal Tax Payment System (EFTPS), by electronic funds withdrawal or with a credit or debit card.

There is no IRS fee for any of these services, but for debit and credit card payments only, the private-sector card processors do charge a convenience fee. For those who itemize their deductions, these fees can be claimed on next year’s Schedule A Line 23. Those who choose to pay by check or money order should make the payment out to the “United States Treasury”.

Taxpayers with extensions should file their returns by Oct. 15, even if they can’t pay the full amount due. Doing so will avoid the late-filing penalty, normally five percent per month, that would otherwise apply to any unpaid balance after Oct. 15. However, interest, currently at the rate of 3 percent per year compounded daily, and late-payment penalties, normally 0.5 percent per month, will continue to accrue.

Many of the more than 12 million taxpayers who requested an automatic six-month extension this year have yet to file -- and the deadline is approaching: O...

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Same-sex marriages to get equal federal tax treatment

In the eyes of the federal government, all marriages are created equal when it comes to taxes.

Both the Treasury Department and the Internal Revenue Service (IRS) have ruled that same-sex couples -- legally married in jurisdictions that recognize their marriages -- will be treated as married for federal tax purposes.

And, it doesn't matter whether the couple lives in a jurisdiction that recognizes same-sex marriage or one  that does not.

In line with the high court

The ruling implements federal tax aspects of the June 26 Supreme Court decision invalidating a key provision of the 1996 Defense of Marriage Act.

Under that ruling, same-sex couples will be treated as married for all federal tax purposes, including income and gift and estate taxes. The ruling applies to all federal tax provisions where marriage is a factor, including filing status, claiming personal and dependency exemptions, taking the standard deduction, employee benefits, contributing to an IRA and claiming the earned income tax credit or child tax credit.

Exceptions

Any same-sex marriage legally entered into in one of the 50 states, the District of Columbia, a U.S. territory or a foreign country will be covered by the ruling. However, the ruling does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law.

Legally-married same-sex couples generally must file their 2013 federal income tax return using either the married filing jointly or married filing separately filing status.

Individuals who were in same-sex marriages may, but are not required to, file original or amended returns choosing to be treated as married for federal tax purposes for one or more prior tax years still open under the statute of limitations.

An element of time

Generally, the statute of limitations for filing a refund claim is three years from the date the return was filed or two years from the date the tax was paid, whichever is later. As a result, refund claims can still be filed for tax years 2010, 2011 and 2012.

Some taxpayers may have special circumstances, such as signing an agreement with the IRS to keep the statute of limitations open, that permit them to file refund claims for tax years 2009 and earlier.

Additionally, employees who purchased same-sex spouse health insurance coverage from their employers on an after-tax basis may treat the amounts paid for that coverage as pre-tax and excludable from income.

What to do

Taxpayers who want to file a refund claim for income taxes should use Form 1040X, Amended U.S. Individual Income Tax Return.

Taxpayers who wish to file a refund claim for gift or estate taxes should file Form 843, Claim for Refund and Request for Abatement. For information on filing an amended return, see Tax Topic 308, Amended Returns, available on IRS.gov, or the instructions to Forms 1040X and 843. Information on where to file your amended returns is available in the instructions to the form.

Treasury and the IRS will begin applying the terms of Revenue Ruling 2013-17 on Sept. 16, 2013, but taxpayers who wish to rely on the terms of the Revenue Ruling for earlier periods may choose to do so, as long as the statute of limitations for the earlier period has not expired.

In the eyes of the federal government, all marriages are created equal when it comes to taxes. Both the Treasury Department and the Internal Revenue Servic...

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IRS goes into CYA mode

In the wake of the continuing scandal surrounding its handling of reviews of tax-exempt applications, the Internal Revenue Service (IRS) -- in the person of Principal Deputy Commissioner Danny Werfel -- has come out with a report that it says is designed to fix the problems.

According to an agency release, the three-part report cites actions to “hold management accountable and identifies immediate steps to help put the process for approving tax-exempt applications back on track.” Also included are actions Werfel says are needed to protect and improve wider IRS operations, ranging from compliance areas to taxpayer service.

“It is critical that the IRS takes steps to ensure accountability, address the problems uncovered in recent weeks and improve the operations of the IRS to continue to carry out our critical mission on behalf of the public,” Werfel said. “We have made a number of changes already, more are in the works and even more will develop as we move forward.”

As might be expected from the agency that maintains the problem stems from a rogue group in the distant outpost of Cincinnati, Ohio, the initial review “shows no signs of intentional wrongdoing by IRS personnel or involvement by parties outside the IRS in the activities described in the recent Treasury Inspector General for Tax Administration (TIGTA) report.

Still, the report notes that investigations are continuing, and that the IRS “is committed to a full fact-finding effort to provide the public answers to these and other important questions.”

“The IRS is committed to correcting its mistakes, holding people accountable, and establishing control elements that will help us mitigate the risks we face,” Werfel said. “This report is a critical first step in the process of restoring trust in this critical institution. We have more work in front of us, but we believe we are on the right track to move forward.”

Fixes

The report, “Charting a Path Forward at the IRS: Initial Assessment and Plan of Action,” covers three primary areas:

Accountability. This covers the “steps being taken to ensure accountability for the mismanagement” described in last month’s TIGTA report:

  • The report finds that “significant management and judgment failures” occurred, as outlined in the TIGTA report. These contributed to the “inappropriate treatment” of taxpayers applying for tax- exempt status.
  • To address this, new leadership has been installed across all five executive management levels in the chain of command connected to these matters. In addition, the IRS has empaneled an “Accountability Review Board” to provide recommendations within 60 days (and later as needed) on any additional personnel actions that should be taken.

Fixing the Problems with the Review of Applications for Tax-Exempt Status. This part covers several process improvements underway to ensure that taxpayers are treated appropriately and effectively in the review of applications for tax-exempt status:

  • The report outlines a new voluntary process to help certain applicants gain fast-track approval to operate as a 501(c)(4) tax-exempt entity if they are being reviewed for advocacy questions and have been in the application backlog for more than 120 days. This self-certification process allows them “a streamlined path” to tax-exempt status if they certify they will operate within specified limits and thresholds of political and social welfare activities. In addition, the IRS has added new technical and program staff to assist with reviewing 501(c)(4) applications.
  • The IRS also suspended the use of any “be-on-the-lookout,” or BOLO lists in the application process for tax-exempt status. This lists had contained such read flag raisers as “liberty,” and “patriot.”

Review of IRS Operations and Risks. The report identifies a series of actions to ensure taxpayers that selection criteria across the IRS are appropriate and that taxpayers are aware of how they can seek assistance if they have concerns about the IRS. The report further outlines steps underway that it says will ensure that critical program or operational risks within the IRS are identified early, raised to the right decision-makers and shared timely with key stakeholders:

  • The report calls for establishing what's termed an Enterprise Risk Management Program to provide a common framework for capturing, reporting and addressing risk areas across the IRS. This is expected to improve timeliness in bringing information to the attention of the IRS commissioner and other leaders as well as key stakeholders to help prevent future instances of inappropriate treatment or mismanagement.
  • Although the agency claims there is no current evidence that selection criteria in other IRS organizations is inappropriate, the nature of the problems identified in the tax-exempt application process warrants a review of certain process controls within the IRS. The IRS will initiate a comprehensive, agency-wide review of compliance selection criteria. Results will be shared with the Department of the Treasury, the IRS Oversight Board, and the Chairpersons of the House Ways and Means Committee and the Senate Finance Committee.
  • The IRS will initiate additional internal and external education and outreach about the role of the National Taxpayer Advocate in assisting taxpayers in resolving problems they encounter with the IRS.

In the wake of the continuing scandal surrounding its handling of reviews of tax-exempt applications, the Internal Revenue Service (IRS) -- in the person o...

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Batten down the hatches -- it's hurricane season

It's hurricane season and for folks living along the Atlantic and Gulf coasts time to hope for the best and prepare for the worst.

Those preparations usually mean taking care that your house and other property are secure enough to survive whatever Mother Nature may send. But, there's something else you need to take care of -- something that may have long-lasting implications: your tax records.

The Internal Revenue Service  (IRS) is passing along these few simple steps to take that may prevent headaches down the road:

Backup your records electronically

Taxpayers should keep a set of backup records in a safe place and store them away from the original set.

Keeping a backup set of records -- including, for example, bank statements, tax returns, insurance policies, etc., -- is easier now that many financial institutions provide statements and documents electronically, and much financial information is available on the Internet.

Even if the originals are provided only on paper, they can be scanned into an electronic format. With documents in electronic form, taxpayers can download them to a backup storage device, like an external hard drive, or burn them to a CD or DVD.

Document valuables

Another step to prepare for disaster is to photograph or videotape the contents of your home, especially items of higher value. The IRS has a disaster loss workbook, Publication 584, which can help you compile a room-by-room list of belongings.

A photographic record can help prove the market value of items for insurance and casualty loss claims. Photos should be stored with a friend or family member who lives outside the area.

Update emergency plans

Emergency plans should be reviewed annually. Personal and business situations change over time as do preparedness needs. When employers hire new employees or when a company or organization changes functions, plans should be updated accordingly and employees should be informed of the changes.

Check on fiduciary bonds

Employers who use payroll service providers should ask the provider if it has a fiduciary bond in place. The bond could protect the employer in the event of default by the payroll service provider.

Help from IRS

If disaster strikes, an affected taxpayer can call 1-866-562-5227 to speak with an IRS specialist trained to handle disaster-related issues.

Back copies of previously-filed tax returns and all attachments, including Forms W-2, can be requested by filing Form 4506, Request for Copy of Tax Return. Alternatively, transcripts showing most line items on these returns can be ordered on-line, by calling 1-800-908-9946 or by using Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript  or Form 4506-T, Request for Transcript of Tax Return.     

It's hurricane season and for folks living along the Atlantic and Gulf coasts time to hope for the best and prepare for the worst. Those preparation...

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H&R Block faces several lawsuits over filing glitch

Tax giant H&R Block has been hit with several lawsuits over allegations that a software problem has delayed refunds for hundreds of thousands of taxpayers.

The suits, filed in courts in three states, revolve around a seemingly minor problem that has had major implications for taxpayers who filed their returns through H&R Block. Previously, a tax preparer could answer a question as “No” by simply leaving the field next to it empty; beginning this year, however, preparers must affirmatively enter “N” next to the question. The IRS is processing the returns, but it will take longer than usual because of the issue.

The issue affects taxpayers who filed their returns before February 22.

The IRS says that that at least 600,000 tax returns were affected by the glitch, and that refunds will probably be delayed for about six weeks. H&R Block received a number of complaints about the issue via its Facebook and Twitter accounts.

Michigan complaints

A suit filed in a Michigan federal court points to H&R Block’s advertised 100 percent accuracy guarantee, and says that H&R Block has not yet attempted to compensate taxpayers for the error.

“Because of the error in the submission, which appears to be uniform in all of those, it’s their entire return that has been delayed,” California attorney David David Cialkowski told Fox Business. “This has caused a lot of issues.”

Cialkowski said that at least 500 individuals had contacted his firm about the problem.

Mea culpa

Consumers rate H&R Block
H&R Block CEO Bill Cobb issued a lengthy apology on the company’s blog, in which he acknowledged that “an apology won’t put your tax refund in your hands right away,” but vowed “to get you that refund.”

“This was our mistake — and I sincerely apologize,” Cobb said in his statement. “I want you to know that we hear the frustration of those impacted by this issue loud and clear, and we’re working every avenue we can to get your refund to you as fast as possible. ... [R]ght now, our singular focus is to get you that refund, and we have all hands on deck to help make this right.”

The company’s blog also offered a “complimentary consultation with a professional student aid advisor” through Student Financial Aid Services, Inc. Students affected by the problem may face complications in filing their Free Application for Federal Student Aid (“FAFSA”), which asks applicants for tax information.

At least 3 suits have been filed to date, including complaints in California, Michigan, and Illinois courts.

Tax giant H&R Block has been hit with several lawsuits over allegations that a software problem has delayed refunds for hundreds of thousands of ta...

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Boston-area taxpayers get relief

Boston area taxpayers and others affected by Monday’s explosions are being granted a three-month tax filing and payment extension.

The Internal Revenue Service (IRS) says this relief applies to all individual taxpayers who live in Suffolk County, Mass., including the city of Boston. Also included are victims, their families, first responders, others affected by the attack who live outside Suffolk County and taxpayers whose tax preparers were adversely affected.

“Our hearts go out to the people affected by this tragic event,” said IRS Acting Commissioner Steven T. Miller. “We want victims and others affected by this terrible tragedy to have the time they need to finish their individual tax returns.”

Deadline moved to July

Under the relief, eligible taxpayers have until July 15, 2013, to file their 2012 returns and pay any taxes normally due April 15. No filing and payment penalties will be due as long as returns are filed and payments are made by July 15, 2013. By law, interest -- currently at the annual rate of 3% compounded daily -- will still apply to any payments made after the April deadline.

The extension is automatic for anyone living in Suffolk County and no action is necessary to obtain relief. However, eligible taxpayers living outside Suffolk County can claim this relief by calling 1-866-562-5227 starting Tuesday, April 23, and identifying themselves to the IRS before filing a return or making a payment. Eligible taxpayers who receive penalty notices from the IRS can also call this number to have these penalties abated.

Eligible taxpayers who need more time to file their returns may receive an additional extension to Oct. 15, 2013, by filing Form 4868 by July 15, 2013.

Boston area taxpayers and others affected by Monday’s explosions are being granted a three-month tax filing and payment extension. The The Internal Revenu...

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OMG! My taxes are due

Your taxes are due in a couple of days and you're in a panic. Be very careful.

In your haste to meet the deadline, you could make a mistake that could delay the processing of your return and your refund, if you have one coming.

The Internal Revenue Service (IRS) offers these tips for avoiding some common errors:

  • File electronically. When you use e-file or IRS Free File the tax software does the calculations, flags common errors and prompts taxpayers for missing information. And best of all, there is a free option for everyone.
  • Mail a paper return to the right address. Be sure to check the appropriate mailing address at the IRS website  or your form instructions to avoid processing delays.
  • Take a close look at the tax tables. When figuring tax using the tax tables, make sure you're using the correct column for the filing status claimed.
  • Fill in all requested information clearly. Double-check any information you enter on the tax return -- including Social Security numbers, taking the time to be sure it is correct and easy to read. Also, check only one filing status and the appropriate exemption boxes.
  • Review all figures. Software catches and prevents many errors on e-file returns, but math errors are common on paper returns.
  • Get the right routing and account numbers. Direct deposit of a federal refund into one, two or even three accounts is convenient and allows faster access to your money. Be sure the financial institution routing and account numbers entered on the return are accurate. Wrong numbers can hold up a refund or cause it to be deposited into the wrong account.
  • Sign and date the return. Both spouses must sign and date a joint return. E-filers can sign using a self-selected personal identification number (PIN).
  • Attach all required forms. Paper filers need to attach forms -- including the W-2 -- that reflect tax withholding, to the front of their returns. If requesting a payment agreement with the IRS, also attach Form 9465 or Form 9465-FS to the front of the return. All other necessary schedules and forms should be attached in sequence number order shown in the upper right-hand corner.
  • Keep a copy of the return. Be sure to make a copy of your signed return and all schedules for your records.
  • Request a Filing Extension. If you can't meet the April 15 deadline, request a filing extension. It's is easy and will prevent late filing penalties. Either use Free File or Form 4868. But remember that while an extension gives you extra time to file, tax payments are still due April 15.
  • Owe tax? If so, there are a number of e-payment options. Or just send a check or money order payable to the “United States Treasury.”

Your taxes are due in a couple of days and you're in a panic. Be very careful. In your haste to meet the deadline, you could make a mistake that could del...

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Feds move to shut down Mo’ Money Taxes

If the Justice Department gets its way, Mo’ Money Taxes, a Memphis-based tax-preparation chain, will soon be out of business.

The government has filed a civil injunction lawsuit seeking to shut down the company, which at one time operated as many as 300 offices in 18 states. The company and its owners -- Markey Granberry and Derrick Robinson, and store manager Eumora Reese -- are accused of creating and maintaining a business environment that encourages the preparation of fraudulent federal income tax returns.

Fraudulent tax prep

According to the suit, Mo’ Money Taxes’ managers, licensees and employees prepare fraudulent returns that cause their customers to incorrectly report their federal tax liabilities and underpay their taxes and charge customers bogus and unconscionably high fees.

The complaint contends the defendants encourage Mo’ Money preparers to:

  • Falsely claim the earned-income credit;
  • Claim improper filing status;
  • Claim bogus education credits;
  • Improperly prepare returns using paystubs rather than employer-issued W-2 forms;
  • Fabricate bogus W-2 forms;
  • File tax returns without customers’ consent;
  • Sell false and deceptive loan products; and
  • Charge deceptive and unconscionable fees.

“The nation’s tax system relies on the integrity of tax preparers,” said Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division. “Most tax preparers are honest. We owe it to them and to all American taxpayers to use appropriate law enforcement tools to stop those who prepare fraudulent tax returns or who lure customers with deceptive loan products.”

The United States previously obtained a permanent injunction against Toney Fields and Trumekia Shaw, who operated a Mo’ Money Taxes location in Nashville.   

If the Justice Department gets its way, Mo’ Money Taxes, a Memphis, Tenn., based tax-preparation chain, will soon be out of business. The government has ...

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Tax return red flags that may result in an audit

There are usually two things people hope for when they prepare their federal income tax return. They hope for a nice refund and they hope not to get audited by the Internal Revenue Service (IRS).

We can't be of much help with the refund but we do have some advice for avoiding an up-close-and-personal session with the nation's tax collection agency.

To begin with, some good news: audits aren't always sweat-producing sessions with an IRS agent at your home or place of business. That's called a field audit and is less common than it once was, mainly because it's gotten expensive.

For people earning under $200,000, field audits totaled 290,000 last year. But there were over a million correspondence audits. Correspondence audits are letters the IRS sends a taxpayer when it has a question about the return. It might ask for an explanation of a claim or request additional documentation. It might simply tell the taxpayer to send additional money. In rare cases, it might tell the filer they paid too much tax.

Joy Taylor, an editor at Kiplinger Personal Finance, has studied the whole tax issue and has come up with a list of the biggest red flags that are likely to trigger an IRS audit. High on the list is claiming a home office deduction.

Home office deduction

The IRS will allow you to claim a portion of your home as business use if you have a business you operate from home, but there are very tight rules that, over the years, tend to have been abused. Your man-cave, for example, doesn't qualify.

“To take a home office deduction you have to use the space exclusively and regularly for business,” Taylor said.

“Regularly” is just as important as “exclusively.” A small room you set aside to market Christmas cards each holiday season won't pass the test. Neither will a space you use exclusively as an office when your employer provides office space at work.

Making too much money

The more money you make, the more likely you are to be audited. Wealthy people tend to have very complex returns. They are likely to take advantage of every tax advantage legally available.

It's also logical for the IRS to give upper-income taxpayers added scrutiny since – let's face it – if there's additional money to be had, chances are there's going to be a lot of it.

Failing to report all taxable income

At the beginning of tax filing season, your employer sends you a W-2 showing how much income you earned. But your stock broker will send you a Form 1099, showing investment income. If you earned outside income, you probably receive other tax documents stating how much you earned.

When the IRS receives your return, it compares what you've reported to what others have reported about your income. This is an easy red flag to avoid by simply reporting all income.

Taking large charitable donations

The tax law allows you to deduct donations to properly identified charitable organizations. But the rules have tightened in recent years, as they have for many other tax breaks.

“The large charitable deduction is like any other large deduction,” Taylor said. “If it's disproportionate to deductions taken by others in the same income category, the IRS computers will single out the return for a closer look.”

Taxpayers need to realize that the level of required documentation goes up, the larger the donation. This is a recent change. For very large donations additional forms have to be submitted with your return.

For any donation, you must have a receipt. Just an entry in your check book or accounting program is not sufficient. And no, you can't deduct the value of the blood you gave to the Red Cross.

For all donations over a few dollars, you must have a letter from the recipient stating that you indeed made the contribution and that you received no services in exchange. If you gave your church $1,200 and got a reserved parking place in return, let's say, the IRS may rule that your donation was in fact not a donation but a service you chose to purchase.

Claiming rental losses

More people have purchased rental property in the last four years for both income and tax advantages. But on the latter, watch out. Trying to claim a loss is risky.

“You generally cannot claim a loss from rental property,” Taylor warns.

You can claim expenses and depreciation, but the total cannot exceed your income.

Claiming 100% business use for a vehicle

Many small businesses use personal vehicles and that's fine – just don't try to claim you use it exclusively for business.

“If they don't have another car they are using for personal use, this is something the IRS will look at,” Taylor said.

Running a cash business

If you have a business in which your customers pay in cash, you can't help that. Just keep in mind it could set you up for an audit. Increasingly, the IRS looks at what's called the “tax gap” – the gap between what the economy should be producing in taxes and what it's actually taking in.

Fairly or unfairly, a small business that's paid with cash is going to get extra scrutiny. Taylor said auditors don't just look at a business' books but also at the owner's lifestyle. A Porsche and a Bentley in the garage on an annual income of $60,000? Not so good.

The IRS also looks closely at big cash transactions.

Failing to report a foreign bank account

In a global economy, it's possible to move money all over the world. When you do, the IRS wants to know about it. Failing to keep the agency in the loop can result in an audit.

“That one is actually huge,” Taylor said.

What to do

Sometimes you can't protect yourself against being audited but you can protect yourself from adverse consequences from an audit. The best advice is to claim only legitimate deductions and keep very good records.

According to Taylor, the IRS audits about one percent of all individual returns and, of course, the percentage is higher if you show any of the above red flags.

If you use an accountant or CPA to file your taxes, they should help you answer any questions the IRS poses in an audit. Keep in mind that accountants are not like attorneys -- they're not sworn to secrecy. Quite the opposite, in fact -- they're required to report any funny business, so don't even think of involving your CPA in any off-the-books scheme you've dreamed up.

There are usually two things people hope for when they prepare their federal income tax return. They hope for a nice refund and they hope not to get audite...

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What if you didn't have to file a tax return each year?

For most people, few things are more annoying than the annual chore of filling out their federal income tax return. For the majority of taxpayers, the numbers are pretty much the same every year so it's mostly an exercise in drudgery -- collecting the information and trying to figure out which number goes where.

It's not really necessary, of course. The Internal Revenue Service already knows how much you made and has a pretty good idea of what deductions and incidental income you're going to claim, based on your past returns and the information submitted by your employer, bank, mutual fund, credit cards and so forth.

So why doesn't the IRS just send you a draft version of your tax return for your review? If everything is correct, you could check a box and collect your refund or authorize your bank to pay any additional amount you owe.

Good question, right? Well, here's the answer: the IRS doesn't do this because lobbyists for the computer and tax-software industries have managed to kill Congressional legislation that would have authorized the IRS to relieve taxpayers of the annual exercise, according to a ProPublica report.

You can thank TurboTax

The non-profit investigative news organization reports that Intuit, the publisher of TurboTax, and a computer industry group called the Computer & Communications Industry Association (CCIA) have managed to kill two pieces of legislation that would have authorized so-called "return-free filing," claiming that it would amount to a "massive expansion of the U.S. government through a big government program." H&R; Block refused to comment but ProPublica said disclosure forms indicated that it has lobbied against at least one return-free bill.  

It's not hard to understand why these companies don't want the government making life easier for taxpayers.

After all, consumers currently shell out a lot of hard-earned money to commercial tax preparers and publishers of tax-preparation software, money that they could save if they didn't have to prepare a return from scratch. There's lots of money at stake:  TurboTax products and services made up 35 percent of Intuit's $4.2 billion in total revenues last year, according to the company's filings with the Securities and Exchange Commission.

Consumers rate Intuit - TurboTax

The CCIA has constructed a website that claims to "provide information and resources that demonstrate how 'Return Free' will put taxpayers at risk for fraud and identity theft, cost the taxpayers millions of dollars in a time of exploding debt and deficits, and rob taxpayers of the tax refund for which they are entitled."

Advocates stress that return-free filing would be voluntary and that it would be suitable only for taxpayers with relatively simple returns. They say that return-free filing would save consumers time and money, since they would not have to pay TurboTax, H&R; Block or other commercials preparers to help them with their returns and would not have to wait as long for their refunds. 

Profitable for politicians too

Opposition is coming not only from industry groups but also from political conservatives, who portray return-free filing as an intrusion into citizens' private lives.

Grover Norquist, founder of Americans for Tax Reform, has said the IRS wants to "socialize all tax preparation in America" to get higher tax revenues.

But much of the political opposition is bipartisan and driven more by pressure from industry groups than by allegiance to any particular ideology or rabid dedication to consumer protection.

For example, one of the bills to block return-free filing was introduced several years ago by Reps. Eric Cantor, R-Va., the conservative House majority leader, and Zoe Lofgren, D-Calif., a liberal stalwart whose district includes Silicon Valley. Intuit's political committee and employees have contributed to both Cantor and Lofgren.

Cantor has said that he "doesn't believe the IRS should be in the business of filling out your tax returns for you."

The ProPublica report was co-produced with National Public Radio.

For most people, few things are more annoying than the annual chore of filling out their federal income tax return. For most taxpayers, the numbers are pre...

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Relief available to many taxpayers who requested extensions

If you have requested an extension for filing your 2012 federal tax return, you may be getting a break from the Internal Revenue Service.

The agency is providing late-payment penalty relief to individuals and businesses who asked for the extension because they are attaching to their returns forms that couldn’t be filed until after January.

The relief applies to the late-payment penalty -- normally 0.5 percent per month -- charged on tax payments made after the regular filing deadline. This relief applies to any of the forms delayed until February or March, primarily due to the January enactment of the American Taxpayer Relief Act.

Covered forms

Taxpayers using forms claiming such tax benefits as depreciation deductions and a variety of business credits qualify for this relief. A complete list of eligible forms can be found in Notice 2013-24.

Individuals and businesses qualify for this relief if they properly request an extension to file their 2012 returns. Taxpayers who are eligible need not make any special notation on their extension request, but as usual, must properly estimate their expected tax liability and pay the estimated amount by the original due date of the return.

The return must be filed and payment for any additional amount due must be made by the extended due date. Interest still applies to any tax payment made after the original deadline.

If you have requested an extension for filing your 2012 federal tax return, you may be getting a break from the Internal Revenue Service. The agency is pr...

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The taxman may have some money for you

There's a lot of money lying around out there. And some of it may have your name on it

The Internal Revenue Service (IRS) says refunds totaling just over $917 million may be waiting for an estimated 984,400 taxpayers who did not file a federal income tax return for 2009. But -- there's a catch: To collect the money, you have to file a return for 2009 with the IRS no later than Monday, April 15, 2013.

The IRS says that half the potential refunds for 2009 are more than $500.

Didn't file?

Some people may not have filed because they had too little income to require filing a tax return even though they had taxes withheld from their wages or made quarterly estimated payments. In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim a refund within three years, Uncle Sam keeps the money.

For 2009 returns, the window closes on April 15, 2013. The law requires that the return be properly addressed, mailed and postmarked by that date. There is no penalty for filing a late return qualifying for a refund.

The IRS reminds taxpayers seeking a 2009 refund that their checks may be held if they have not filed tax returns for 2010 and 2011. In addition, the refund will be applied to any amounts still owed to the IRS or their state tax agency, and may be used to offset unpaid child support or past due federal debts such as student loans.

More than a refund at stake

By failing to file a return, people stand to lose more than refund of taxes withheld or paid during 2009. In addition, many low-and-moderate income workers may not have claimed the Earned Income Tax Credit (EITC). For 2009, the credit is worth as much as $5,657. The EITC helps individuals and families whose incomes are below certain thresholds. The thresholds for 2009 were:

  • $43,279 ($48,279 if married filing jointly) for those with three or more qualifying children,
  • $40,295 ($45,295 if married filing jointly) for people with two qualifying children,
  • $35,463 ($40,463 if married filing jointly) for those with one qualifying child, and
  • $13,440 ($18,440 if married filing jointly) for people without qualifying children.

Current and prior year tax forms and instructions are available here or by calling toll-free 800-TAX-FORM (800-829-3676). Taxpayers who are missing Forms W-2, 1098, 1099 or 5498 for 2009, 2010 or 2011 should request copies from their employer, bank or other payer.

If these efforts are unsuccessful, taxpayers can get a free transcript showing information from these year-end documents by filing Form 4506-T, Request for Transcript of Tax Return, with the IRS or by calling 800-829-1040.

There's a lot of money lying around out there. And some of it may have your name on it The Internal Revenue Service (IRS) says refunds totaling just over ...

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Let the games begin: All 2012 tax returns now being accepted

The Internal Revenue Service (IRS) has finished updating its tax-processing systems. And that means all remaining individual and business taxpayers can now file their 2012 federal income tax returns.

Over the weekend, the IRS completed reprogramming and testing of its systems for tax-year 2012 including all remaining updates required by the American Taxpayer Relief Act (ATRA) enacted by Congress in January. The final step clears the way for those claiming residential energy credits on Form 5695  and various business tax credits and deductions to file their returns.

Phasing in

The IRS began accepting 2012 returns in phases as it worked quickly to update various forms and instructions and made critical adjustments to its processing systems to reflect the current law. As a result, the agency began accepting most returns filed by individual taxpayers on Jan. 30. Additional returns could be accepted in February. All remaining returns, affecting in relative terms the smallest group of taxpayers, can now be filed.

With less than six weeks to go before this year’s April 15 deadline, the IRS reminds taxpayers that the best way to file an accurate return is to e-file, choose direct deposit if expecting a refund and take advantage of the wide variety of tax-filing and tax-help resources available on IRS.gov.

People who need more time to finish their returns can easily get an automatic six-month tax-filing extension by going to Free File or filing Form 4868.

The Internal Revenue Service (IRS) has finished updating its tax-processing systems. And that means all remaining individual and business taxpayers can now...

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College tax benefits now -- and in the future

Do you qualify for either of two college education tax credits or any of several other education-related tax benefits? Now might be a good time to check it out.

In general, the American opportunity tax credit, lifetime learning credit and tuition and fees deduction are available to taxpayers who pay qualifying expenses for an eligible student. Eligible students include the primary taxpayer, the taxpayer’s spouse or a dependent of the taxpayer.

Though a taxpayer often qualifies for more than one of these benefits, he or she can only claim one of them for a particular student in a particular year. The benefits are available to all taxpayers -- both those who itemize their deductions on Schedule A and those who claim a standard deduction. The credits are claimed on Form 8863 and the tuition and fees deduction is claimed on Form 8917.

Tax credit extension

The American Taxpayer Relief Act, enacted Jan. 2, 2013, extended the American opportunity tax credit for another five years until the end of 2017. The new law also retroactively extended the tuition and fees deduction, which had expired at the end of 2011, through 2013. The lifetime learning credit did not need to be extended because it was already a permanent part of the tax code.

For those eligible -- including most undergraduate students -- the American opportunity tax credit will yield the greatest tax savings. Alternatively, the lifetime learning credit should be considered by part-time students and those attending graduate school. For others, especially those who don’t qualify for either credit, the tuition and fees deduction may be the right choice.

All three benefits are available for students enrolled in an eligible college, university or vocational school, including both nonprofit and for-profit institutions. None of them can be claimed by a nonresident alien or married person filing a separate return. In most cases, dependents cannot claim these education benefits.

Normally, a student will receive a Form 1098-T from their institution by the end of January of the following year. This form will show information about tuition paid or billed along with other information. However, amounts shown on this form may differ from amounts taxpayers are eligible to claim for these tax benefits. Taxpayers should see the instructions to Forms 8863 and 8917 and Publication 970 for details on properly figuring allowable tax benefits.

American opportunity tax credit

Many of those eligible for the American opportunity tax credit qualify for the maximum annual credit of $2,500 per student. Here are some key features of the credit:

  • The credit targets the first four years of post-secondary education, and a student must be enrolled at least half time. This means that expenses paid for a student who, as of the beginning of the tax year, has already completed the first four years of college do not qualify. Any student with a felony drug conviction also does not qualify.
  • Tuition, required enrollment fees, books and other required course materials generally qualify. Other expenses, such as room and board, do not.
  • The credit equals 100 percent of the first $2,000 spent and 25 percent of the next $2,000. That means the full $2,500 credit may be available to a taxpayer who pays $4,000 or more in qualified expenses for an eligible student.
  • The full credit can only be claimed by taxpayers whose modified adjusted gross income (MAGI) is $80,000 or less. For married couples filing a joint return, the limit is $160,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $180,000 or more and singles, heads of household and some widows and widowers whose MAGI is $90,000 or more.
  • Forty percent of the American opportunity tax credit is refundable. This means that even people who owe no tax can get an annual payment of up to $1,000 for each eligible student. Other education-related credits and deductions do not provide a benefit to people who owe no tax.

Lifetime learning credit

The lifetime learning credit of up to $2,000 per tax return is available for both graduate and undergraduate students. Unlike the American opportunity tax credit, the limit on the lifetime learning credit applies to each tax return, rather than to each student. Though the half-time student requirement does not apply, the course of study must be either part of a post-secondary degree program or taken by the student to maintain or improve job skills. Other features of the credit include:

  • Tuition and fees required for enrollment or attendance qualify as do other fees required for the course. Additional expenses do not.
  • The credit equals 20 percent of the amount spent on eligible expenses across all students on the return. That means the full $2,000 credit is only available to a taxpayer who pays $10,000 or more in qualifying tuition and fees and has sufficient tax liability.
  • Income limits are lower than under the American opportunity tax credit. For 2012, the full credit can be claimed by taxpayers whose MAGI is $52,000 or less. For married couples filing a joint return, the limit is $104,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $124,000 or more and singles, heads of household and some widows and widowers whose MAGI is $62,000 or more.

Tuition and fees deduction

Like the lifetime learning credit, the tuition and fees deduction is available for all levels of post-secondary education, and the cost of one or more courses can qualify. The annual deduction limit is $4,000 for joint filers whose MAGI is $130,000 or less and other taxpayers whose MAGI is $65,000 or less. The deduction limit drops to $2,000 for couples whose MAGI exceeds $130,000 but is no more than $160,000, and other taxpayers whose MAGI exceeds $65,000 but is no more than $80,000.

Eligible parents and students can get the benefit of these provisions during the year by having less tax taken out of their paychecks. They can do this by filling out a new Form W-4, claiming additional withholding allowances, and giving it to their employer.

Other benefits

There are a variety of other education-related tax benefits that can help many taxpayers. They include:

  • Scholarship and fellowship grants -- generally tax-free if used to pay for tuition, required enrollment fees, books and other course materials, but taxable if used for room, board, research, travel or other expenses.
  • Student loan interest deduction of up to $2,500 per year.
  • Savings bonds used to pay for college -- though income limits apply, interest is usually tax-free if bonds were purchased after 1989 by a taxpayer who, at time of purchase, was at least 24 years old.
  • Qualified tuition programs, also called 529 plans, used by many families to prepay or save for a child’s college education.

Taxpayers with qualifying children who are students up to age 24 may be able to claim a dependent exemption and the earned income tax credit.

The general comparison table in Publication 970 can be a useful guide to taxpayers in determining eligibility for these benefits. Details can also be found in the Tax Benefits for Education Information Center.

Do you qualify for either of two college education tax credits or any of several other education-related tax benefits? Now might be a good time to check it...

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Tax returns with education credits, depreciation can be filed next week

If your tax return will be claiming education credits and depreciation for the 2012 tax year, get ready to send it in.

Starting next week, taxpayers will be able to start filing those two forms -- Form 4562, Education Credits on Sunday, Feb 10, and Form 8863, Education Credits on Thursday, Feb. 14,

This step clears the way for almost all taxpayers to start filing their tax returns for 2012. These forms affected the largest groups of taxpayers who weren’t able to file following the Jan. 30 opening of the 2013 tax season.

The IRS will be able to accept the education credits and depreciation forms following the completion of reprogramming and testing of its systems. Work continues on preparing IRS systems to accept the remaining tax forms affected by the American Taxpayer Relief Act (ATRA) enacted by Congress on Jan. 2.

More to come

The IRS also says it will start accepting the remaining forms affected by the January legislation the first week of March. A specific date will be announced later.

Most of those in this group file more complex tax returns and typically file closer to the deadline or obtain an extension. A full list of the forms that will be accepted the first week of March is available here .

Next week’s opening covers two groups of taxpayers using:

  • Form 8863, Education Credits. Form 8863 is used to claim two higher education credits -- the American Opportunity Tax Credit and the Lifetime Learning Credit.
  • Form 4562, Depreciation and Amortization. Most of the people using the depreciation form tend to file later in the tax season or obtain a six-month extension. Non-1040 business filers using Form 4562 can also file starting Sunday.

For taxpayers using e-file, most software companies are now accepting tax returns with these two forms and will submit them after the IRS begins accepting them next week.

If your tax return will be claiming education credits and depreciation for the 2012 tax year, get ready to send it in. Starting next week, taxpayers will...

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Filing your tax return is easy with Free File

When it comes to preparing your own federal taxes, you have a fast, safe and free option. It’s called Free File, and is available here.

Free File offers brand-name tax software to anyone who earned $57,000 or less last year; that's 70 percent of all taxpayers. If you earned more, there are free online fillable forms. Both options allow you to file returns electronically and use direct deposit, which is the fastest way to get refunds.

Private-public partnership

The nation’s leading tax software companies have partnered with the IRS to make their products available for free. Each company sets its own eligibility criteria, generally based on income, state residency, age, military service or eligibility for the Earned Income Tax Credit (EITC). There is also a software option that is available in Spanish for people who earned $30,000 or less.

Free File does the hard work for you. The software asks questions; you provide the answers. It picks the right forms, does the math and helps you find all the tax benefits for which you are eligible.

All participating Free File partners have been vetted and use the latest in security technology. Some Free File software providers also offer state tax returns for free or for a fee.

Free File fillable forms

Free File fillable forms is the electronic version of IRS paper forms. It’s best for people experienced and comfortable preparing their own returns on paper. It does not support state tax returns.

Some Free File software products also are available in select free tax preparation sites operated by Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE).

Taxpayers can use VITA or TCE computers to access Free File, prepare their own state and federal returns with a trained and certified volunteer on stand-by to help and e-file -- all for free.

When it comes to preparing your own federal taxes, you have a fast, safe and free option. It’s called Free File, and is available here. Free File offers br...

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IRS Gives Extra Time to Hurricane Sandy Victims

The Internal Revenue Service (IRS) is granting taxpayers and tax preparers affected by Hurricane Sandy until Nov. 7 to file returns and accompanying payments normally due today.

The relief applies to taxpayers and tax preparers in an area affected by Hurricane Sandy, which hit the Mid-Atlantic and Northeastern United States this week.

Businesses largely affected

This relief primarily applies to businesses whose payroll and excise tax returns and payments are normally due today. No action is required by the taxpayer; this relief is automatic. Regular federal tax deposits are due according to current rules.

However, the IRS notes that if taxpayers or tax practitioners receive a penalty notice for this period, they can contact the IRS at the number on the notice to request penalty abatement due to reasonable cause on account of the storm.

IRS expects to grant additional filing and payment relief as qualifying disaster declarations are issued by the Federal Emergency Management Agency.  

The Internal Revenue Service (IRS) is granting taxpayers and tax preparers affected by Hurricane Sandy until Nov. 7 to file returns and accompanying paymen...

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Tax-filing and Payment Extensions Expire Oct. 15

If you are among those who got an extension for filing your 2011 tax return, the Internal Revenue Service (IRS) wants you to know the clock is ticking.

If your extension runs out on next Monday, Oct. 15, be sure to double-check your return for often-overlooked tax benefits and then file electronically using IRS e-file or the Free File system.

Many of the more than 11 million taxpayers who requested an automatic six-month extension this year have yet to file. Though Oct. 15 is the last day for most people, some still have more time, including members of the military and others serving in Iraq, Afghanistan or other combat zone localities who typically have until at least 180 days after they leave the combat zone to both file returns and pay any taxes due.

People with extensions in parts of Louisiana and Mississippi affected by Hurricane Isaac also have more time -- until Jan. 11, 2013, to file and pay.

Check out tax benefits

IRS encourages taxpayers to take a moment before they file to see if they qualify for these and other often-overlooked credits and deductions:

Benefits for low-and moderate-income workers and families, especially the Earned Income Tax Credit. The special EITC Assistant can help taxpayers see if they’re eligible.

Savers credit, claimed on Form 8880, for low-and moderate-income workers who contributed to a retirement plan, such as an IRA or 401(k.

American Opportunity Tax Credit, claimed on Form 8863, and other education tax benefits  for parents and college students.

E-filing: fast, easy and often free

E-file is fast, accurate and secure, making it an ideal option for those rushing to meet the Oct. 15 deadline. The tax agency verifies receipt of an e-filed return, and people who file electronically make fewer mistakes too.

Everyone can use Free File, either the brand-name software, offered by IRS’ commercial partners to individuals and families with incomes of $57,000 or less, or online fillable forms, the electronic version of IRS paper forms available to taxpayers at all income levels.

Taxpayers who purchase their own software can also choose e-file, and most paid tax preparers are now required to file their clients’ returns electronically.

Anyone expecting a refund can get it sooner by choosing direct deposit. Taxpayers can choose to have their refunds deposited into as many as three accounts. See Form 8888 for details.

Quick and easy payment options

For unemployed workers who filed Form 1127-A and qualified to get an extension to pay their 2011 federal income tax, Oct. 15 is also the last day to pay what they owe, including interest at the rate of 3 percent per year, compounded daily. Doing so will avoid the late-payment penalty, normally 0.5 percent per month.

Taxpayers can e-pay what they owe, either online or by phone, through the Electronic Federal Tax Payment System (EFTPS), by electronic funds withdrawal or with a credit or debit card. There is no IRS fee for any of these services, but for debit and credit card payments only, the private-sector card processors do charge a convenience fee. For those who itemize their deductions, these fees can be claimed on Schedule A, Line 23. Those who choose to pay by check or money order should make the payment out to the “United States Treasury”.

Taxpayers with extensions should file their returns by Oct. 15, even if they can’t pay the full amount due. Doing so will avoid the late-filing penalty, normally five percent per month, that would otherwise apply to any unpaid balance after Oct. 15. However, interest and late-payment penalties will continue to accrue.

Fresh start for struggling taxpayers

In many cases, those struggling to pay taxes qualify for one of several relief programs, including those expanded earlier this year under the IRS "Fresh Start" initiative .

Most people can set up a payment agreement with the IRS on line in a matter of minutes. Those who owe $50,000 or less in combined tax, penalties and interest can use the Online Payment Agreement to set up a monthly payment agreement for up to six years or request a short-term extension to pay. Taxpayers can choose this option even if they have not yet received a bill or notice from the IRS. They can also request a payment agreement by filing Form 9465-FS.

Alternatively, some struggling taxpayers qualify for an offer-in-compromise. This is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed.

Generally, an offer will not be accepted if the IRS believes the liability can be paid in full as a lump sum or through a payment agreement. The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay.

If you are among those who got an extension for filing your 2011 tax return, the Internal Revenue Service (IRS) wants you to know the clock is ticking. I...

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Hurricane Isaac Victims Get Tax Relief

Individuals and businesses affected by Hurricane Isaac are getting some relief from the Internal Revenue Service (IRS). 

Following recent disaster declarations for individual assistance issued by the Federal Emergency Management Agency (FEMA), the IRS has announced that affected taxpayers in Louisiana and Mississippi will receive tax relief, and other locations may be added in coming days based on additional damage assessments. 

Deadlines pushed back 

The tax relief postpones various tax filing and payment deadlines that occurred on or after Aug. 26. As a result, affected individuals and businesses will have until Jan. 11, 2013 to file these returns and pay any taxes due. 

This includes corporations and businesses that previously obtained an extension until Sept. 17 to file their 2011 returns and individuals and businesses that received a similar extension until Oct. 15. It also includes the estimated tax payment for the third quarter of 2012, normally due Sept. 17. 

The IRS will abate any interest, late-payment or late-filing penalty that would otherwise apply. In addition, the agency is waiving failure-to-deposit penalties for federal employment and excise tax deposits normally due on or after Aug. 26 and before Sept. 10, if the deposits are made by Sept. 10, 2012. Details on available relief, including information on how to claim a disaster loss by amending a prior-year tax return, are available here. 

The tax relief is part of a coordinated federal response to the damage caused by the hurricane and is based on local damage assessments by FEMA. Information on disaster recovery is available here. 

So far, IRS filing and payment relief applies to the following localities: 

  • In Louisiana: Ascension, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. John the Baptist and St. Tammany parishes;
  • In Mississippi: Hancock, Harrison, Jackson and Pearl counties.

Individuals and businesses affected by Hurricane Isaac are getting some relief from the Internal Revenue Service (IRS). Following recent disaster declarat...

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Identity Thieves Steal $5.2 Billion With Phony Tax Returns

Back in January, as consumers began to file tax returns, some complained that their refunds were delayed. The Internal Revenue Service (IRS) explained the delay was to prevent the growing problem of stolen identity tax returns. But the efforts apparently weren't enough.

While the IRS says it detected 938,664 bogus tax returns, the Treasury Inspector General for Tax Administration (TIGTA) reports finding approximately 1.5 million additional undetected tax returns with potentially fraudulent tax refunds totaling in excess of $5.2 billion. TIGTA estimates the IRS could issue $21 billion in fraudulent tax refunds over the next five years.

"We found multiple reasons for the IRS's inability to detect billions of dollars in fraud," said J. Russell George, the Treasury Inspector General for Tax Administration. "As identity theft is the most frequent consumer complaint, and at a time when every dollar counts, these results are extremely troubling."

Undermines confidence

George says the fraud on this scale not only results in significant unintended federal outlays but makes the tax collection agency look bad, undermining taxpayer confidence.

In some cases it wasn't just the IRS that was victimized but taxpayers too. For example, a scammer might have filed a phony tax return claiming a big refund, using someone's stolen social security number. When the taxpayers got around to filing, they discovered the IRS had already sent out a refund in their name to someone else.

Many early tax returns were placed on hold when IRS auditors suspected fraud. But apparently there were so many fraudulent returns this year it overwhelmed detection efforts.

When TIGTA investigated the bogus returns, it said it found a number of reasons so many slipped by the IRS. For starters, the IRS had delayed access to third-party income and withholding information. The investigation said these delays make it difficult for the IRS to detect fraudulent tax refunds at the time tax returns are processed. Third parties are not required to submit income and withholding documents to the IRS until March 31, yet taxpayers can begin filing tax returns in mid-January.

Not using third-party information

The investigators also said the IRS has not developed processes to obtain and use the third-party information that is available at the time tax returns are filed.

Finally, the use of direct deposits, including debit cards, to claim fraudulent tax refunds increases the risk that the IRS will not detect identity theft, the investigators said. The IRS continues to allow multiple direct deposits to the same bank account.

The Inspector General's office made a number of recommendations to the IRS for reducing the fraud next year and the tax collection agency said it has taken or will take the corrective actions.

Taxpayers can help too. Filing as soon as you obtain your W-2 form will increase the chances of the IRS processing your return before a bogus one submitted by a scammer. Also, carefully guard your W-2 form and other tax documents.

Back in January, as consumers began to file tax returns, some complained that their refunds were delayed. The Internal Revenue Service (IRS) explained the ...

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Biggest Tax Cut of Them All is About to Quietly Expire

The halls of Congress are ringing with overblown oratory these days and our TVs and telephones are getting hoarse from all the ads and calls about those rotten millionaires, long-suffering small businesspeople and the hard-working middle class.

Yes, it's the Great Tax Debate of 2012, except it's not much of a debate. It's more like political theater, as each side plays to its base. And meanwhile, backstage, the biggest tax break of them all is about to quietly expire while the actors onstage yell and gesture, running out the clock til Election Day.

We're talking, of course, about the payroll tax which is deducted from the paycheck of every working American every payday. But unlike taxes that go to support the military, industrial farming and Big Oil, the payroll tax goes to fund Social Security, the program that provides a meager payment to working people who have passed into retirement.

And let's be clear about one thing: this is a tax nearly everyone pays. The obvious exceptions are the unemployed and the self-employed. Republicans like to say that 50 percent of Americans don't pay any taxes, by which they mean the income tax. But chances are most of those very same Americans, if they are lucky enough to be employed, are paying the payroll tax.

So, no fewer than 122 million working people have been enjoying a few extra bucks in their paycheck since 2011, when Congress temporarily cut the rate to 4.2% from 6.2%, hoping to give the economy a little boost and perhaps mollify restive voters. At the urging of Democrats last year, the tax break was extended to 2012 after the usual warnings that it would spell the end of the world as we know it.

Democrats fall silent

But this time around, the Democrats are remaining mum. The White House, a place where many wealthy people work, constantly preaches its disdain for the wealthy and its love of the common working stiff, but is sitting on its hands this year.

The average family has gained about $934 a year from the tax cut, the Tax Policy Center estimates. The cost to the federal government is estimated at $120 billion a year and, since Congress didn't see fit to trim spending anywhere else to pay for it, that $120 billion has come out of the general fund, which means it goes straight to the deficit.

Economists generally agree the extra money each payday has helped keep the anemic budget crawling ahead. No one seems to talk about how much, or whether, it has helped struggling families. 

Hoping to find out, we conducted a computerized sentiment analysis on about 290,000 consumer postings on social media like Twitter and Facebook over the last year.  We found very little discussion of the topic except last December, when the tax vacation was about to expire. Net sentiment was negative then although it has picked up a bit since then, as shown in this graph:

Those who favored the measure overwhelmingly did so because they felt it would help working Americans, while those who opposed it said that it would not create jobs and would be too costly. See sample verbatim comments at the end of this story.

Those who have enjoyed the extra money have been pretty silent about it, and they may be about to pay the price for their silence, as both parties line up to drive a stake into any proposed extension.

AARP says no

Perhaps surprisingly, one of the biggest opponents of extending the tax break is AARP, the insurance vendor and advocacy organization that purports to represent seniors.

AARP CEO A. Barry Rand went on record as early as May, with a letter to Congress that outlined his objection to extending the tax holiday.

“On behalf of millions of members nationwide and all Americans age 50 and over, I write today to express AARP’s belief that the Congress should not extend the Social Security payroll tax holiday beyond the current year. If economic relief is still a necessity at the end of the year, AARP believes that it should be delivered through other avenues and no longer through the payroll tax system," he said.

Rand said that while AARP originally supported the tax break as a temporary measure to aid struggling families, it has long made it clear that the respite must be temporary.

“AARP made clear that the Social Security payroll tax holiday should have no negative impact on Social Security or its beneficiaries in the short and long-term," he said.

The semantic differences help illuminate who's who here. Advocates of the tax break generally refer to the tax in question as the "payroll tax" while AARP and other seniors' groups call it the "Social Security tax."  Both are right, of course. It is a payroll tax that supports Social Security but how you describe it tends to reflect how you feel about it.

Also siding with AARP are Congressional Republicans, who are seldom on the same page as the giant seniors group. Republicans have never liked the tax cut, they don't like it now and the GOP is being upfront in its opposition to extending it.

Democrats, on the other hand, are keeping a low profile. Their usual allies in the public employee unions are also remaining silent, since for the most part they have no horse in this race. Most public employees are part of state and local retirement systems which are separate from Social Security.

It was just last December that the White House was out in front on the issue.

"Lately, many Americans have asked me if the payroll tax cut will affect Social Security. The answer is simply no," Deputy Assistant to the President Jon Carson said. "While more money stays in workers’ paychecks, the law specifies that Social Security receive every dollar it would have gotten even without the payroll tax cut." 

What now?

So what can we expect this year?

Probably nothing, other than more rhetoric -- President Obama vowing to more severely tax the rich (and, if he spoke more accurately, the upper middle class) and Mitt Romney promising to create jobs by cutting taxes on "job creators," i.e., businesses.

Everyone knows the Tax Code is in desperate need of reform, as it has been for decades. And everyone knows there is an increasingly desperate need to modernize Social Security, as there has been for decades.

And when is all this modernization and reform likely to happen? Why, after the election of course, when it is hoped that the voters will have stopped paying attention and that those who haven't will forget by the next election who it was who gored their ox. 

For now, the political battle continues onstage, the press obsesses over the horse race aspects of the contest and the year slips away. Have a nice day. 

The halls of Congress are ringing with overblown oratory these days and our TVs and telephones are getting hoarse from all the ads and calls about those ro...

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IRS To Taxpayers: Avoid Becoming Victims of Tax Scams

Be careful about following the “advice” you  get about filing for tax credits or rebates. 

The Internal Revenue Service is encouraging taxpayers to guard against being misled by unscrupulous individuals trying to persuade them to file false claims for tax credits or rebates. 

The Internal Revenue Service (IRS) notes there’s been an increase in tax-return-related scams -- frequently involving unsuspecting taxpayers who normally do not have a filing requirement in the first place. 

These taxpayers are led to believe they should file a return with the IRS for tax credits, refunds or rebates for which they are not really entitled. Many of these recent scams have been targeted in the South and Midwest. 

A few bad apples 

Most paid tax return preparers provide honest and professional service, but there are those who engage in fraud and other illegal activities. Unscrupulous promoters deceive people into paying for advice on how to file false claims. 

Some promoters may charge unreasonable amounts for preparing legitimate returns that could have been prepared for free by the IRS or IRS sponsored Volunteer Income Tax Assistance partners. In other situations, identity theft is involved. 

Be careful 

Taxpayers should be wary of any of the following: 

  • Fictitious claims for refunds or rebates based on excess or withheld Social Security benefits.
  • Claims that Treasury Form 1080 can be used to transfer funds from the Social Security Administration to the IRS enabling a payout from the IRS.
  • Unfamiliar for-profit tax services teaming up with local churches.
  • Home-made flyers and brochures implying credits or refunds are available without proof of eligibility.
  • Offers of free money with no documentation required.
  • Promises of refunds for “Low Income – No Documents Tax Returns.”
  • Claims for the expired Economic Recovery Credit Program or Recovery Rebate Credit.
  • Advice on claiming the Earned Income Tax Credit based on exaggerated reports of self-employment income. 

Empty promises

In some cases non-existent Social Security refunds or rebates have been the bait used by the con artists.  In other situations, taxpayers deserve the tax credits they are promised but the preparer uses fictitious or inflated information on the return, which results in a fraudulent return. 

Flyers and advertisements for free money from the IRS, suggesting that the taxpayer can file with little or no documentation, have been appearing in community churches around the country. Promoters are targeting church congregations, exploiting their good intentions and credibility. 

These schemes also often spread by word of mouth among unsuspecting and well-intentioned people telling their friends and relatives.

Promoters of these scams often prey upon low-income individuals and the elderly. 

They build false hopes and charge people good money for bad advice.  In the end, the victims discover their claims are rejected or the refund barely exceeds what they paid the promoter.  Meanwhile, their money and the promoters are long gone. 

Unsuspecting individuals are most likely to get caught up in scams and the IRS is warning all taxpayers, and those that help others prepare returns, to remain vigilant. If it sounds too good to be true, it probably is. 

Anyone with questions about a tax credit or program should call the IRS toll-free number at 800-829-1040 or visit a local IRS Taxpayer Assistance Center.

Be careful about following the “advice” you get about filing for tax credits or rebates. The Internal Revenue Service is encouraging taxpayers to guard ...

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New IRS Scam Making The Rounds

The Internal Revenue Service (IRS) commands attention. When you get something in the mail from the tax agency, you can bet you'll open it right away.

That's why the agency is a favorite of scammers who try to trick victims into disclosing personal information. A new scheme is packaged in a spam email with the heading “Report of Foreign Bank and Financial Accounts (FBAR).”

The first line of the email is designed to get your attention and, perhaps, make you drop your guard:

“This is in reference to your 2010 U.S. Individual Income Tax Return we seem to have some discrepancies with your filing.”

Notice there is a missing period after “Return” and “we” is not capitalized, as the first word of a new sentence should be. In addition, the email header, with the IRS logo, has been enlarged and distorted from an original and is a poor copy.

The biggest giveaway that this is not coming from the IRS are instructions in the email to download an attached form, fill it out with account information for all foreign and domestic bank accounts, and to fax it back.

The IRS would never seek sensitive financial information in that way. People who comply with the email will have their accounts emptied by the scammers.

The scam coincides with the recent announcement by the IRS of an effort to collect owed taxes from offshore accounts. Increasingly scammers model their schemes after events in the news so that there might be a slight ring of authenticity with their victims.

The IRS email scam also uses the element of fear. It notes that “it is a crime to evade or defeat the collection of a federal tax."

Consumers who receive this email -- or one like it -- should simply delete it from their inbox. You can also report it to the IRS by calling 1-800-829-3676.

The Internal Revenue Service (IRS) commands attention. When you get something in the mail from the tax agency, you can bet you'll open it right away.That...

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Tax Lien Sales: Elderly Are Losing Homes While Investors Reap Profits

Outdated state laws that permit local governments to sell property through a tax lien foreclosure process if the owner falls behind on property taxes (owing as little as $400) are fueling a second nationwide foreclosure calamity, according to a report from the National Consumer Law Center (NCLC). 

“Homeowners throughout the nation, particularly elderly and people with cognitive challenges, have lost or stand to lose family homes along with long-term equity which may represent their sole savings and security for retirement,” said National Consumer Law Center Attorney John Rao and author of The Other Foreclosure Crisis: Property Tax Lien Sales. “Our report is a wake-up call for states to reform tax sale laws to keep speculators from reaping huge windfalls at the expense of fragile citizens while still ensuring local governments receive much needed tax revenue.”  

Elderly and disabled most at risk 

A tax lien sale may be started over nonpayment of a small delinquent tax bill for a few hundred dollars, and then sold at a tax lien sale for simply the back taxes owed on the property. 

If the homeowner fails to buy back the property, the purchaser acquires the home for very little. Thus a $200,000 home might be sold for as little as $1,200, and then resold for a huge profit. 

Currently, annual tax lien sales total approximately $15 billion nationwide and are on the rise due to the weak job market, depressed home values, and an increase in mortgage foreclosures. Florida had nearly $2 billion in back tax liens and sold $1.8 billion of these liens in 2009. A county in Mississippi doubled the number of properties in its annual tax sale in recent years. Other states at risk include Illinois, New Jersey, New York, and Texas. 

Homeowners most vulnerable are those who have fallen into default because they are incapable of managing their financial affairs, such as individuals suffering from Alzheimer’s, dementia, or other cognitive disorders. 

And one government study found that last year property tax foreclosures in New York City were highly concentrated among low income communities with large black and Latino populations -- groups also targeted by subprime mortgage lenders.

Tax lien sales may increase the number of  vacant and neglected properties, further eroding tax revenue and destabilizing entire communities. 

Windfall for investors 

Individual tax sale purchasers and large investment companies, including Bank of America and JPMorgan Chase, have used the tax sale process as a profit center. Tax liens can yield an incredible rate of return, as high as up to 50 percent. 

Many state laws permit tax lien purchasers to charge homeowners extremely high interest rates and fees to redeem their property in order avoid foreclosure. (For example, redemption penalties in Georgia, Iowa, Mississippi, New Jersey and Texas all exceed 20 percent). For these reasons, tax lien sales are often marketed as “get-rich quick” schemes on Websites. 

Investors take advantage of the fact that the tax sale process is  arcane and rarely understood by homeowners. And states do little to inform homeowners about steps they can take to avoid foreclosure. Very few states have enacted procedures to protect owners’ equity interests or to avoid windfalls to purchasers, and almost no states have updated tax lien laws to reflect current economic conditions or to ensure that proper safeguards exist to avoid unnecessary loss of homeownership.  

Recommendations 

The NCLC report offers the following recommendations that state and municipalities could adopt, which reflect the goals of preserving homeownership and ensuring prompt payment of local taxes: 

  • Implement redemption payment programs. Local tax offices should collect redemption payments to eliminate the possibility that an unscrupulous purchaser may thwart the owner’s attempt to redeem. The local tax office should accept partial and installment payments.
  • Adequate notice should be given at every stage of the tax sale process. Notifications should be used as a tool to avoid loss of homeownership. Comprehensive notices should use plain language, include information about tax exemptions, abatements and repayment plans, and note the consequences of each stage of the tax sale process. 
  • Provide detailed notice of redemption rights. The notice should give all the essential details on how the redemption right can be exercised, including the name and address to which the homeowner can remit payment, itemized costs and the deadline for the redemption payment. 

“The consequences of homeowners not understanding their rights or the process of a tax lien sale is devastating for individuals, families, and communities,” says Rao.  “To date, states have done very little. Will legislators and policymakers now reform their laws to help keep elderly and other homeowners from losing their homes due to a small property tax delinquency? We certainly hope so and the sooner they act to head off this swelling problem, the better.” 

Outdated state laws that permit local governments to sell property through a tax lien foreclosure process if the owner falls behind on property taxes (owin...

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How to Prepare For 'Taxmageddon'

Bernanke

Federal Reserve Chairman Ben Bernanke calls it "the fiscal cliff." Others are calling it "Taxmageddon." Whatever it's called, without new legislation, it will come at the end of the year.

That's when the Bush era tax cuts expire. It's also when deep across-the-board cuts in federal discretionary spending go into effect.

The Bush tax cuts happened so long ago, way back in 2001 and 2003, that many Americans have forgotten the details and have seemingly bought into the notion that they affect only millionaires. A ConsumerAffairs sentiment analysis of about 500,000 postings on social media finds quite a range of emotions.

Over the last year, our analysis found, consumers' net sentiment regarding the tax cuts has been largely negative and now stands around -9%.

But regardless of public sentiment, with the government spending a lot less money, and taxpayers having a lot less money to spend, Bernanke and other economists believe a recession in inevitable. So perhaps the prudent thing for consumers to do is figure out how all this will affect them and get prepared.

Tax rates

The long-running political debate over taxes has created the impression that the "Bush tax cuts" only affected upper income earners, but that's not the case. The tax cuts lowered everyone's taxes. When the rates go back to what they were before 2001, here's what will happen.

The lowest tax bracket -- 10 percent -- will go away. If you are currently in the 10 percent bracket, and assuming you earn the same income, you'll be paying 15 percent of your taxable income -- a rather hefty increase.

If you are currently in the 15 percent bracket, your increase is even bigger, since you'll move into the 25 percent bracket. Those now paying 25 percent of the taxable income will move up to the 28 percent bracket.

Those now in the 28 percent bracket will move to 31 percent, the existing 33 percent bracket will be replaced with a 36 percent bracket and the existing 35 percent bracket will rise to 39.6 percent.

Holiday ending

At the same time, the two percent "tax holiday" for the FICA payroll tax also expires. As a result of all of this, your take home pay -- assuming you don't get a raise -- will go down on January 1. If you're going to need more income to get by, it might be wise to start looking for it now and beefing up your savings.

If you have been frugal and have saved money so as not to be a burden on society and therefore receive taxable income from dividends and the sale of stocks, the tax you pay will also go up. In January the 15 percent tax rate on long-term capital gains and dividends rises to 20 percent. Dividends, meanwhile, will be taxed as ordinary income, meaning at whatever tax bracket you happen to be in.

For that reason, it may be wise to take capital gains in 2012 and move dividend-producing stocks into tax-deferred retirement accounts, if possible.

Spending cuts

At the same time, huge cuts in government spending are locked in unless Congress overrides them with other, more targeted cuts to trim the deficit. This could affect you if you work for the U.S. government or a company that derives much of its income from government contracts or for a company that supplies goods and services to goverment contractors. In other words, it's likely to affect you no matter where you work.

The Defense Department would not be spared the budget knife, so it could easily affect your current or planned military career.

Of course, Taxmageddon doesn't have to happen. But after what promises to be an extremely bitter November election, lawmakers would have to return to Washington and suddenly find a way to compromise. The odds against that happening are significant.

While Taxmageddon would prove to be painful, it might actually turn out for the best in the long run. At least, that's the gist of a report this week from the non-partisan Congressional Budget Office (CBO).

The CBO acknowledged the pain but said raising taxes and cutting spending would put the government on a path toward smaller budget deficits in a very similar way that European nations are approaching "austerity."

The CBO doesn't exactly come out and say it, but suggests that might not be such a bad thing, since the issue must be addressed at some point. By setting up Taxmageddon during last year's bill to raise the debt ceiling, Congress prescribed bitter medicine without having to vote for painful tax hikes and spending cuts.

Federal Reserve Chairman Ben Bernanke calls it "the fiscal cliff." Others are calling it "taxmageddon. Without new legislation, it will come at the end of ...

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Will We Soon Go Over the Fiscal Cliff?

A big adjustment in tax rates is headed your way at the end of the year, along with huge cuts in government spending that could impact the overall economy.

It's going to happen unless Congress acts. Given Congress' recent history, that's like saying it's probably going to happen.

Last year, when Democrats and Republicans in Congress were once again at an impasse on raising the U.S. government debt ceiling, agreement was reached only after the two sides tacked on another provision: unless Congress approves a serious deficit-reducing package before the deadline, steep across-the-board cuts in all government discretionary spending would automatically kick in January 1, 2013.

Higher tax rates

Also on that date, the Bush tax cuts and the payroll tax "holiday" are set to expire, reverting to their previous higher rates. Federal Reserve Chairman Ben Bernanke has called this perfect storm a "fiscal cliff," worried that slashing spending and raising taxes in a still-weak economy will plunge the country into a recession.

Overnight, the U.S. would move from an effort to stimulate the economy to its own "austerity" plan, the type that citizens of Greece and France recently resisted at the ballot box. Just about every consumer in the U.S. would be affected in some way. Here's how:

  • For the last two years the employees' portion of the payroll tax has been reduced from 6.2 percent to 4.2. It goes back to 6.2 percent January 1, amounting to an extra $20 tax withholding from a $1,000 paycheck. Since the payroll tax funds Social Security and Medicare, those entitlement programs have been going even deeper into the red over the last two years.
  • Your income tax bracket may rise. The Bush tax cuts not only reduced the tax rate on the wealthiest taxpayers, it also established new, lower tax brackets for just about all taxpayers. Those go away. For example, before the tax cuts, the lowest bracket was 15 percent. The Bush tax cuts established 10 percent as the lowest rate. That expires on January 1. The top rate under the Bush Tax cuts is 35 percent. That gets bumped up to 39.6 percent in January. Nearly everyone will find themselves taxed at a higher rate.
  • Lower rates on investment income will reset to their higher levels that were in place prior to 2001. Currently, investors pay only 15 percent on dividends and long-term capital gains. After January the maximum rate on long-term capital gains rises to 20 percent and dividends will be taxed as ordinary income. Retirees who depend on dividend income may feel that change the most -- not the 1% everyone talks about. Other temporary fixes to the tax code installed over the last few years are also set to expire.
  • The U.S. government will spend a lot less money. In the absence of a Congressional deficit-cutting package, Pentagon spending will be cut by 10 percent while all discretionary spending will be cut by eight percent. It will be up to various departments to figure out how, so it is possible military veterans and those who receive government benefits could feel the belt-tightening effects. Additionally, economists generally agree that taking that money out of the economy all at once could topple a weak recovery into recession.

Of course, it doesn't have to happen. Republicans and Democrats in Congress could put aside their partisan differences long enough to reach some sort of acceptable compromise that would make gradual changes to taxing spending policy, but that could be a tall order.

There is almost no chance lawmakers would take up the matter before the November elections, meaning the lame duck session would have less than two months -- following what promises to be a bruising and bitter contest -- to come together and reach a compromise.

Chairman Bernanke may have reason to be worried.

A big adjustment in tax rates is headed your way at the end of the year, along with huge cuts in government spending that could impact the overall economy....

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Tax Resolution Firm Decries 'Bad Apples' in Industry

Companies that offer services to taxpayers, to help resolve problems with the Internal Revenue Service (IRS), say a handful of companies in their business have given the rest of them an undeserved bad reputation.

"Not all tax problem resolution and mediation firms are created equal," said Michael Rozbruch, founder and CEO of Tax Resolution Services, Co., and part of an association that is working toward regulating the industry to protect consumers. "When some companies make news by doing things the wrong way, it makes the rest of us look really bad—the consumers lose, the legitimate tax debt resolution businesses lose, the taxing agencies lose, and it's just a huge mess that needs to be cleaned up now."

Rozbruch notes his industry began getting unwelcome attention in 2010 when then-California Attorney General Jerry Brown skewered "Tax Lady" Roni Lynn Deutch for purposely "engaging in a scheme to swindle taxpayers." Since then, he says media outlets have started a trend of lambasting tax debt resolution companies across the board.

Authorities shut down firms

"Over the past couple years, nationally recognizable firms such as American Tax Relief (ATR), JK Harris and TaxMasters were either shut down by federal regulators or recently filed for bankruptcy. Additionally, JK Harris and TaxMasters are also under investigation for similar issues that helped to take down the Deutch firm.

Rozbruch criticizes those firms for engaging in what he called the "dubious practice" of not working clients' cases until they were full paid by the consumer, which was generally months after folks hired them, even though they offered their clients payment plans.

Even if Rozbruch is correct about his industry, it would be wise for taxpayers to tread very carefully when considering paid assistance in dealing with the IRS. A number of reputable law firms specialize in tax issues, and they may be a good place to start.

IRS is easier to deal with

At the same time, it is easier to deal with the IRS than it has been in the past and dealing directly with the tax agency should be explored. The objective is to reach an "offer in compromise" that will allow you to settle your tax debt for less than the full amount you owe. Here's what the IRS says about offers in compromise:

It may be a legitimate option if you can't pay your full tax liability, or doing so creates a financial hardship. We consider your unique set of facts and circumstances:

  • Ability to pay;
  • Income;
  • Expenses; and
  • Asset equity.

 "We generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time," the IRS says on its website. "Explore all other payment options before submitting an offer in compromise. The Offer in Compromise program is not for everyone. If you hire a tax professional to help you file an offer, be sure to check his or her qualifications."

Companies that offer services to taxpayers, to help resolve problems with the Internal Revenue Service (IRS), say a handful of companies in their business ...

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Avoid Last-Minute Tax Filing Mistakes

The April 17 federal income tax filing deadline is closing in. If you haven't filed your return by now, you may feel you are under increasing pressure to do so.

Just don't let that pressure force you into making common last-minute filing mistakes.

"Each year, there are many who wait until the final days to file their taxes," said Mark Steber, chief tax officer, Jackson Hewitt Tax Service Inc. "With the last minute rush, it is important to carefully check your tax return prior to filing because even the simplest of mistakes can cause delays in the issuance of a refund."

Common last-minute mistakes

According to Steber here are the top five most common mistakes made when filing a return:

  1. Incorrect Filing Status – Choosing a filing status is usually one of the first steps when preparing a tax return, but it can also be a confusing decision that leads many to choose an incorrect status. The wrong filing status can significantly impact the amount of a tax refund or tax liability.
  2. Providing Incorrect Information – Another common mistake is when taxpayers misspell a name or incorrectly record their Social Security numbers. It is vital to clearly record the correct name, Social Security number and address (including zip code) directly on the return. Names and Social Security numbers for a spouse, dependents and qualifying children should be documented exactly as they appear on their respective Social Security cards. For those who changed their name due to getting married or divorced, or for any other reason, make sure the name used on the return is your legal name.
  3. Mathematical Errors – Another error on tax returns is bad math, which remains common on paper returns. Making mathematical miscalculations can greatly impact your tax return by reducing your expected refund or positioning you to owe more money than you actually do;
  4. Claiming Ineligible Exemptions – With so many complex rules, taxpayers often claim exemptions for which they are not eligible. Some examples include claiming a grown child who no longer qualifies as a dependent or claiming an exemption for a live-in significant other.
  5. Forgetting to Claim Items – In the rush to file, forgetting to claim certain items is a mistake that is made all too often. For example, certain charitable contributions, medical expenses and IRA contributions can all be claimed on a return, if you have the proper documentation.

 Getting an extension

If you don't think you can get your return prepared in time, you may file for an extension, using Form 4868, and get an additional six months to submit your return. However, you needed to pay any additional tax that you owe by the April 17 deadline.

If you file your Form 4868 electronically, the Internal Revenue Service (IRS) says you will receive an acknowledgement or confirmation number for your records and you do not need to mail in Form 4868. If you need to pay additional taxes when filing Form 4868 electronically, you may do so through the outside service provider or through e-file. You can refer to your tax software or tax professional for ways to file electronically using e-file services.
Several companies offer free filing of Form 4868 through the Free File program that you can access on the IRS.gov website. If you wish to file electronically, be sure to have a copy of last year's tax return. You will be asked to provide the Adjusted Gross Income from the return for taxpayer verification.

A second way of requesting an automatic extension of time to file your individual income tax return is to pay part or all of your estimate of income tax due by credit card or debit card. You may pay by phone or Internet through one of the service providers listed on Form 4868. Each service provider will charge a convenience fee based on the amount of the tax payment. At the completion of the transaction, you will receive a confirmation number for your records.

Five common last-minute tax filing mistakes...

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Consumers Relying More on Tax Refunds for Basic Needs

For taxpayers receiving refunds, it's often viewed as a windfall, even though it's their own money the government has been holding for months, interest-free.

Even so, the arrival of a refund was often the occasion of a shopping spree, a new vehicle or maybe a vacation. Not so much, these days.

A new poll from Cricket Communications shows that 50 percent of people expecting a tax refund say they plan to spend the money on bills or other household expenses.

Smarter this year

The survey also noted that more than three-quarters of Americans receiving their refund say they will be "smarter" about how they spend it, with more than half - 55 percent - pledging they are more likely to use refund dollars on practical "needs" instead of "wants."

A number of taxpayers posting at ConsumerAffairs early this year expressed frustration when they didn't receive their tax refunds as quickly as they expected. Many blamed their tax preparer.

“We asked our agent if our taxes would be late, and she said that no everything was fine now with IRS,” James of Sidney, Ohio, wrote in a ConsumerAffairs post. “We still have not received our refund. Why do we have to pay H&R for filing our taxes electronically if we did not get them in a timely manner?”

In most cases, however, tax preparers were not to blame. The Internal Revenue Service's (IRS) enhanced anti-fraud efforts resulted in slowdowns for some refunds to be processed.

Meanwhile, if you find that you need your tax refund in order to meet everyday expenses, it may be a sign that you need to revisit your budget.

Best uses

According to the personal finance company Kiplinger, the five best uses of a tax refund are:

  1. Pay off high-interest credit cards
  2. Rebuild your emergency fund
  3. Add to retirement savings
  4. Build savings for college
  5. Help your children save for the future

Consumers Relying More On Tax Refunds For Basic Needs...

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What If You Can't Pay Your Taxes?

Filed your tax return yet? The deadline is closing in and millions of taxpayers may be cringing over income tax bills they simply can't afford to pay.

Stiffing the Internal Revenue Service (IRS) is never a good idea, but what if you have no money to pay the taxes you owe? Are there any options?

"If you can't pay what you owe all at once, you should still file your tax return and make payment arrangements with the IRS," said Mark Luscombe, and analyst with CCH, a provider of tax, accounting and audit services. "If you don't file because you can't pay, you're immediately facing a failure-to-file penalty as well as interest, additional costs and potentially a tax lien or levy down the road."

Kinder, gentler IRS

Believe it or not, it's a little easier to deal with the IRS on payment issues than it used to be. Last year, the tax agency issued new rules to help soften the blow for taxpayers who can't afford to pay their taxes when owed, including increasing the threshold at which the IRS files a tax lien, as well as expanding the installment and offers in compromise programs to allow more taxpayers to qualify.

But to take advantage of these changes, taxpayers need to act in a timely, forthright manner. There are procedures and specific steps you must take to take advantage of these options.

Fresh Start 

The IRS has a program called the “Fresh Start” initiative. To take part, you must fill out a new Form 1127A to request the 2011 penalty relief if they are in one of these two categories:

Wage earners who have been unemployed at least 30 consecutive days during 2011 or in 2012 up to this year's April 17tax deadline; or

Self-employed individuals who experienced a 25-percent or greater reduction in business income in 2011 due to the economy.

How to qualify

To qualify for this penalty relief, the taxpayer's adjusted gross income must not exceed $200,000 if married filing jointly or $100,000 if filing status is single, married filing separately, head of household or qualifying widower.

However, a taxpayer's 2011 balance due can not exceed $50,000. The penalty relief only extends to October 15, 2012, and interest continues to accrue during that period.

Penalties 

You cannot simply ignore the April 17 filing deadline. If a taxpayer does not file a return and pay the taxes owed when due, the IRS can take several steps, including filing a five percent penalty on the tax due for every month or any fraction of a month the return is overdue. The penalty is capped at 25 percent.

The IRS can also file a substitute tax return for the taxpayer based on information it has from other sources. I may start a collection process that can include a tax levy or tax lien against the taxpayer's property, bank account or wages. Tax liens can impact credit ratings and make it difficult to buy and sell property and even get a job.

All of this can be avoided by alerting the IRS to your problem and seeking to work with the agency.

What If You Can't Pay Your Taxes?...

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Tax Filing Deadline Now Less Than a Month Away

Taxpayers have two extra days to file their income tax returns this year, but just because you have the extra time, doesn't mean you have to use it. In fact, there's something to be said for not putting it off to the last minute.

Even though over 75 percent of taxpayers who filed last year received a tax refund -- and the average refund is nearly $3,000 --many chose to wait until the tax filing deadline. to tackle this important annual task.

The 2012 filing deadline is now less than a month away, so if you haven't started preparing your return, you shouldn't put it off much longer, tax professionals say.

No advantage to waiting

"There is no real advantage to waiting to file a tax return because, even if you owe taxes, you can delay making a payment until April 17," said Mark Steber, chief tax officer, Jackson Hewitt Tax Service Inc. "The top advantage of filing now, assuming you have a refund coming to you, is to receive your refund sooner, rather than later. Early filing has the added advantages of discouraging identity theft and avoiding the last minute crunch."

The Internal Revenue Service (IRS) has spent more time and effort this year dealing with cases of identity theft. Criminals who obtain a taxpayer's Social Security number can file a phony return early in the tax year and claim a refund. When the taxpayer finally gets around to filing their real tax return, they learn that someone has already filed using their money and collected their refund.

Refund delays

The IRS' crackdown on identity theft has resulted in delays in getting out many refunds, another reason to file as soon as possible.

Another reason to not wait until the last minute is to avoid the bottleneck created by all those other procrastinaters. Every year, thousands of taxpayers wait until the last minute to file. Making an appointment with an accountant or professional tax preparer now ensures that you have the chance to complete your return without being rushed.

Tax filing deadline now a month away...

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Are You Cashing In On All Available Tax Credits?

April's tax-filing deadline is closing in. While major reforms are out of the taxpayer’s control, staying informed and using a tax preparation service are two simple ways to make filing your taxes as stress-free as can be.

“Stay informed and you won’t leave money on the table,” said Saint Joseph's University professor and former Internal Revenue Service (IRS) agent Dennis Raible, C.P.A. “There are broad deductions that apply to many people. Tax credits and deductions run the gamut from childcare costs — if they enable an individual to go to work — to energy savings credits for approved windows, doors, or energy-efficient heaters.”

Education expenses

If you've spent money on education in 2011, don't overlook the American Opportunity Tax Credit and the Lifetime Learning Credit as two ways to alleviate the cost of higher education. Other ways to earn a break include charitable contributions, retirement planning and logging mileage — whether it is for a personal business, commute or a job search.

If you plan on preparing your taxes yourself, Raible suggests using a tax preparation software because it will help you stay on top of available credits and deductions. He likes Turbotax, as well as TaxACT, H&R Block and esmarttax.com. Some are free, he says, while others require the user to pay a nominal fee each year.

Professional help

How much should you pay to have your taxes professionally prepared. It's all going to depend on how simple or complex your tax situation is. Taxpayers who opt to have their taxes prepared by a professional can expect to spend upwards of $150 to $250 dollars. For seniors and taxpayers with a low income, free professional tax preparation services are offered.

“Services like Volunteer Income Tax Assistance (VITA) are in place to help the people who often depend on a tax refund, but can least afford the tax preparation fees" Raible said.

Saint Joseph’s VITA program, ran in cooperation with the IRS and the Pennsylvania Department of Revenue, is offered during the Spring Semester of each Academic Year. The program trains Saint Joseph’s students in tax return preparation and then allows them to connect with members of the community who are in need of their services.

“Tax reform comes very slowly if it comes at all,” says Raible, “so taxpayers need to take advantage of the different ways they can make tax season easier for themselves.”

Tips for taking advantage of deductions and tax credits...

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IRS Warns of Fraudulent Schemes Targeted at Low-Income Consumers

The Internal Revenue Service is warning senior citizens and other taxpayers to beware of an emerging scheme tempting them to file tax returns claiming fraudulent refunds. The scheme carries a common theme of promising refunds to people who have little or no income and normally don’t have t file a tax return.

Promoters claim their victims can get a tax refund or nonexistent stimulus payment based on the American Opportunity Tax Credit, even if the victim was not enrolled in or paying for college.

In recent weeks, the IRS has identified and stopped an upsurge of these bogus refund claims coming in from across the United States. The IRS is actively investigating the sources of the scheme, and its promoters may be subject to criminal prosecution.

False hopes

“This is a disgraceful effort by scam artists to take advantage of people by giving them false hopes of a nonexistent refund,” said IRS Commissioner Doug Shulman. “We want to warn innocent taxpayers about this new scheme before more people get trapped.”

Typically, con artists falsely claim that refunds are available even if the victim went to school decades ago. In many cases, scammers are targeting seniors, people with very low incomes and members of church congregations with bogus promises of free money.

The IRS has also seen a variation of this scheme that incorrectly claims the college credit is available to compensate people for paying taxes on groceries.

The IRS has already detected and stopped thousands of these fraudulent claims. Nevertheless, the scheme can still be quite costly for victims. Promoters may charge exorbitant upfront fees to file these claims and are often long gone when victims discover they’ve been scammed. 

The IRS is reminding people to be careful because all taxpayers, including those who use paid tax preparers, are legally responsible for the accuracy of their returns, and must repay any refunds received in error. 

Get the facts

To get the facts on tax benefits related to education, go to the Tax Benefits for Education Information Center on IRS.gov.

To avoid becoming ensnared in this scheme, the IRS says taxpayers should beware of any of the following:

  • Fictitious claims for refunds or rebates based on false statements of entitlement to tax credits.
  • Unfamiliar for-profit tax services selling refund and credit schemes to the membership of local churches.
  • Internet solicitations that direct individuals to toll-free numbers and then solicit social security numbers.
  • Homemade flyers and brochures implying credits or refunds are available without proof of eligibility.
  • Offers of free money with no documentation required.
  • Promises of refunds for “Low Income – No Documents Tax Returns.”
  • Claims for the expired Economic Recovery Credit Program or for economic stimulus payments. 
  • Unsolicited offers to prepare a return and split the refund. 
  • Unfamiliar return preparation firms soliciting business from cities outside of the normal business or commuting area.

The Internal Revenue Service is warning senior citizens and other taxpayers to beware of an emerging scheme tempting them to file tax returns claiming frau...

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Tax Refunds Slower Getting to Taxpayers This Year

If you are anxiously awaiting your income tax refund, you aren't alone. A number of taxpayers have complained that, despite e-filing and using direct deposit, weeks have passed without their promised refund.

The Internal Revenue Service (IRS) isn't saying much about the delays, but has acknowledged that new fraud filters placed on the system this year could be slowing things down a bit. The agency says the information on its Where's My Refund? site is being processed and should be current.

Meanwhile, consumers ike Ameka, of Anniston, Ala., were blaming their tax preparer when she contacted ConsumerAffairs last week.

"Jackson Hewitt's automated system put out a bogus message that in 24-48 hrs my IRS refund will be direct deposited into my account," Ameka wrote on ConsumerAffairs. Well, Where's my Refund's automated system is saying March 6th. Today is FEB 22! Come on, as a consumer I feel like it is misleading and unfair."

Maybe not to blame

However, it may not be Jackson Hewitt's fault. The tax preparer may fully have expected a faster return, based on past experience.

For the record, the IRS reminds taxpayers to keep in mind that many variables can affect the speed of a tax refund. And even with a system delay, using e-file with direct deposit remains the fastest option for taxpayers.

Following technology improvements, the IRS said it will issue refunds to more taxpayers in as few as 10 days this year for those who e-file and select direct deposit. Overall, the IRS said it issues the vast majority, more than 9 out of 10 of all refunds — whether filed electronically or on paper — in 21 days or less.

Some tax refunds are slow to get to taxpayers...

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Simple Ways to Reduce Odds of an IRS Audit

No matter what people tell you, there's no guaranteed way to avoid an audit of your tax return by the Internal Revenue Service (IRS). While the IRS tends to focus its attention mostly on high-income taxpayers, it also picks a number of random returns for an audit.

But looking back at past years, it is possible to give some advice for people currently filing out their 2011 returns on how to avoid raising red flags that just ask for closer scrutiny.

Choose tax-preparer carefully

It starts with the professional you hire to prepare your return. Do they have a good reputation? Do they take a conservative approach to tax laws? That can be important because, if the IRS spots a trend of problem tax returns from one tax preparer, chances all all that person's clients are going to get a closer look.

The very rich and the very poor can also come under the magnifying glass. The odds of an audit go up significantly if your income is over $200,000.

At the same time, low income taxpayers who claim the Earned Income Tax Credit (EITC) can also get closer scrutiny. The EITC can go to people who actually paid no taxes, so the IRS tends to be vigilant when it comes to writing those checks. People who qualify for the credit should claim it, but claiming it when you don't qualify usually results in getting caught.

Self-employed get a closer look

If you're self-employed, you stand a better chance of getting an audit than if you work for a paycheck. You can minimize those chances by incorporating. Sole proprietors who file a Schedule C are more likely to be audited.

That's because many "businesses" aren't really businesses, they're hobbies - they don't produce income. Business expenses are deductible but hobby expenses aren't. The IRS will look closely to make sure you aren't writing off a hobby.

That brings us to deductions in general. Taxpayers should claim legitimate deductions to which they are entitled, but should also keep the total to a reasonable amount, relative to your total income. If your deductions add up to a significant percentage of your income, IRS auditors are likely to be skeptical.

Finally, prepare your state return with the same care you do your federal return. If your income picture in your state return is different than the one you've painted in your federal return, that's a problem. The IRS and state tax agencies all share information.

There are things you can do to reduce the risk of a tax audit...

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IRS Has $1 Billion In Unclaimed Refunds From 2008

You may still be scrambling to file your 2011 federal tax return and hoping for a refund, but here's something to stop and consider: Refunds totaling more than $1 billion may be waiting for one million people who did not file a federal income tax return for 2008.

In making the announcement, the Internal Revenue Service (IRS) estimated half of these potential 2008 refunds are $637 or more. To collect the money, a return for 2008 must be filed with the IRS no later than Tuesday, April 17, 2012.

There may be no penalty

Just because someone didn't file doesn't mean they're in trouble. Some people may not have filed because they had too little income to require filing a tax return even though they had taxes withheld from their wages or made quarterly estimated payments.

In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim a refund within three years, the money becomes property of the U.S. Treasury.

For 2008 returns, that window closes on April 17, 2012. The law requires that the return be properly addressed, mailed and postmarked by that date. There is no penalty for filing a late return qualifying for a refund, if the taxpayer was not required to file a return that year.

Make sure you filed the last two years

If you seek a 2008 refund, keep in mind that your check may be held if you have not filed tax returns for 2009 and 2010. In addition, the refund will be applied to any amounts still owed to the IRS, and may be used to offset unpaid child support or past due federal debts such as student loans.

By failing to file a return, people stand to lose more than refunds of taxes withheld or paid during 2008. Some people, especially those who did not receive an economic stimulus payment in 2008, may qualify for the Recovery Rebate Credit. In addition, many low-and moderate-income workers may not have claimed the Earned Income Tax Credit (EITC).

The EITC helps individuals and families whose incomes are below certain thresholds. The thresholds for 2008 were:

  • $38,646 ($41,646 if married filing jointly) for those with two or more qualifying children,
  • $33,995 ($36,995 if married filing jointly) for people with one qualifying child, and
  • $12,880 ($15,880 if married filing jointly) for those with no qualifying children.

How do you start? Current and prior year tax forms and instructions are available on the Forms and Publications page of IRS.gov or by calling toll-free 800-TAX-FORM (800-829-3676).  

Many taxpayers are eligible for refunds from 2008...

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Some Income Does Not Have To Be Listed On Tax Return

The Internal Revenue Service (IRS) works very hard to make sure every taxpayer pays taxes on all eligible income. But some income, it turns out, does not have to be reported.

Knowing which income does, and does not have to be listed on your tax return can both save you money and keep you out of trouble.

Here's a quick overview of exempt income, according to the IRS:

If you are divorced and receive child support, that is not taxable income and does not need to be listed. Neither do welfare benefits.

Gifts, bequests, inheritances

You do not have to report gifts, bequests and inheritances, within certain guidelines. For example, there is not tax on a gift to your child if it is less than $13,000.

Life insurance may or may not be taxable income. If you surrender a life insurance policy for its cash value, that's reportable income. However, if you receive a death benefit from a life insurance policy, that is generally not reportable income.

Let's say you are injured on the job and receive worker compensation. That money is not considered income that must be reported. If you are awarded damages in a lawsuit to compensate your for an injury or illness, that too is tax-free income.

Education

Education grants are a little tricky. If you receive money from a scholarship or fellowship, it does not have to be reported as income, as long as the money is used to pay tuition and other direct education fees. However, any of the money used to pay room and board is taxable income and must be reported.

Some income can be in a form other than cash, and almost always that must be reported as income. For example, barter is a form of non-cash income. Though no cash has changed hands, the fair market value of goods and services exchanged is fully taxable and must be included as income on Form 1040 of both parties.

The Internal Revenue Service (IRS) works very hard to make sure every taxpayer pays taxes on all eligible income. But some income, it turns out, does not h...

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Missing Out On The Earned Income Tax Credit?

The Earned Income Tax Credit(EITC) is the U.S.' largest anti-poverty programs for working families, bringing an estimated $2 billion in refunds to qualified taxpayers nationwide. These refunds help to subsidize family income and often help drive the local economy in both rural and urban areas.

The credit can be claimed by taxpayers who owe no taxes. It can amount to a refund of up to $5,751 for low and moderate-income families with three or more children – a figure equal to nearly two months of income for many families.

Here are some of the ways working families can benefit from the EITC:

  • Families with three or more qualifying children who earn less than $49,078 (or $43,998 for a single parent) are eligible for up to $5,751;
  • Families with two qualifying children who earn less than $46,044 (or $40,964 for a single parent) are eligible for up to$5,112;
  • Families with one qualifying child who earn less than $41,132 (or $36,052 for a single parent) are eligible for up to$3,094; and
  • Married workers between the ages of 25-64 who earn less than $18,470 (or $13,660 for single) and have no children are eligible for up to $464

Many fail to file

Surprisingly, many people who are eligible for the EITC never file for it, and thus never receive it.

"The EITC is a vastly underutilized benefit, with up to 20 percent of eligible taxpayers leaving $300 million in credits left on the table. Costs for basic needs like housing and food are on the rise, and wage growth is virtually non-existent," said Elise Buik, president and CEO of United Way of Greater Los Angeles. "Last year our goal was to increase participation in EITC by ten percent, and we succeeded, helping residents claim over $38 million in total refunds. This year, we want to again increase participation in the program by another ten percent, which means almost 50,000 residents would get free tax assistance and help to claim money that is rightfully theirs, and back into our local economy."

This year, EITC has been expanded to help qualifying families with three or more children with a larger credit worth up to $5,751. Those who qualify, but have failed to claim the credit in prior years, may also apply for the EITC retroactively for a period of up to three years, making for an even larger check.

Qualifying for the EITC

To qualify for the EITC, claimants must be qualified working U.S. citizens and individuals with valid Social Security numbers. If a U.S. resident meets all of the qualifications, they are also able to retroactively claim the EITC for a period of up to three years.

An explanation of the earned income tax credit...

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It's Payback Time For Some Who Took Homebuyer Tax Credit

The homebuyers' tax credit, enacted in 2008, was designed to jump start the rapidly declining housing market. It offered first-time homebuyers a refundable $7,500 tax credit if they bought a home.

But the tax credit isn't like ordinary credits. It must be refunded to the Internal Revenue Service (IRS) over a 15-year period. The law was amended in 2009 so that those who purchased homes that year and in 2010 don't have to return the money. But if you claimed the tax credit for a 2008 purchase, it's time to start paying it back.

You fall into this category if you claimed the credit for a home purchased that occurred after April 8, 2009 but before January 1, 2009. If you are in this category, you must make a payment to the IRS on your 2011 return.

How do you know what you need to pay? It's going to vary for each taxpayer. That's why the IRS has set up this online tool to help you determine the repayment amount for the current tax year.

Generally, there is no requirement to pay back the credit for a principal residence purchased in 2009, 2010 or early 2011. The obligation to repay the credit arises only if the home ceases to be your principal residence within 36 months from the date of purchase. The full amount of the credit received becomes due on the return for the year the home ceased to be your principal residence.  

How to pay back the homebuyer tax credit...

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Beware Of Tax Preparation Scams

As taxpayers begin to receive W-2 forms, Internal Revenue Service (IRS) impersonation schemes tend to flourish. For example, scammers prey on seniors or college students by impersonating tax authorities, solicit follow up information on a tax form, and collect identification numbers and social security information, which is then used to steal people’s money or identities.

Some scammers have even gone to the extreme of using spoofing technology to make their caller ID numbers come up to look like they are from the IRS. The New York Attorney General’s regional offices note multiple reports from consumers about tax preparation schemes like these.

The good news is that you can help shut down these schemes and prevent others from being victimized. If you receive a suspicious e-mail that claims to come from the IRS, you can relay that e-mail to a new IRS mailbox, phishing@irs.gov.

Follow instructions in the link for sending the bogus e-mail to ensure that it retains critical elements found in the original e-mail. The IRS can use the information, URLs and links in the suspicious e-mails you send to trace the hosting Web site and alert authorities to help shut down the fraudulent sites. Unfortunately, due to the expected volume, the IRS will not be able to acknowledge receipt or respond to you.

Deceptive practices

In addition to these scams, there are tax preparation businesses that take advantage of consumers through a variety of other deceptive practices. One common tactic is to advertise low fees to get the customer in the door, only to increase the final fee by hundreds of dollars, claiming the tax return was more complicated.

New York Attorney General Eric Schneiderman says there are also offers of "instant cash" to help a consumer pay bills while waiting for their refund, but they can come with undisclosed fees and high interest rates. In addition, some business are just not equipped to handle the volume of business they take in, resulting in delays in getting the refund that one paid a premium to get "fast."

“Preying on the desperation of people in a tough economy is unconscionable,” Schneiderman said. “While there are plenty of legitimate and law-abiding tax preparers doing business, there are some who use the allure of fast cash to take advantage of unsuspecting consumers. When hiring tax preparation services, consumers must have as much information as possible to protect themselves from fraud, and should file a complaint if they feel they've been victimized.”

How to avoid tax scams...

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Property Tax 'Consultants' Thrive in a Gloomy Market

Connecticut is the latest state to look into services that claim they can help homeowners save money on their property taxes. Companies that claim to be expert property tax consultants have been doing quite nicely in an era of plunging real estate values but consumer protection officials in several states warn that many of the services do little or nothing to earn their fee.

Texas, California and other states have also cracked down on mass mailings and Internet ads claiming that consumers are guaranteed to save big bucks on their taxes.

Connecticut Attorney General George Jepsen is asking ValueAppeal LLC, of  Seattle, for more information about the property tax appeal services it has been offering to Connecticut consumers after complaints were raised about the company in New Britain.

New Britain officials challenged the accuracy of the information in the letters ValueAppeal LLC purportedly sent to local property owners. The letters represented that consumers' properties were over-assessed, calculated the amount of the over-assessment and any tax overpayment and offered to process an appeal of the assessment for a one-time fee of at least $99.

Jepsen wrote yesterday to ValueAppeal’s chief executive officer asking for information about any business it has done in Connecticut since Jan. 1, 2011. Among other questions, the Attorney General asked the company to explain how it determines that properties are over-assessed, as well as to fully describe the services it provides in exchange for payment.

The Attorney General also asked about the number of Connecticut residents solicited, the number of residents who used the service and the number who successfully appealed their local tax assessments.

“This information is important to help my office evaluate whether Connecticut residents are being offered valid business services for the fees charged or, instead, are being deceived,” Jepsen said. The company was asked to respond before the end of the month.

Caution urged

Jepsen's concerns are similar to those voiced last year by Texas Attorney General Greg Abbott, who noted that while some municipalities were still valuing property for tax purposes at bubble levels, that doesn't mean homeowners should rush out and hire a property tax consultant.

In a 2009 case, Texas investigators found that O'Connor's representatives routinely - and improperly - filed property tax protests without the actual homeowners' consent. Sometimes, O'Connor representatives failed to appear on their clients' behalf at scheduled tax protest hearings.

As a result, property owners who thought O'Connor & Associates was formally representing them at appraisal district hearings lost valuable tax protest rights.

California in 2009 sued two brothers who authorities say "ripped off homeowners" seeking help in reducing their property tax assessments are in hot water. California filed suit against Sean and Michael McConville and their businesses, "Property Tax Reassessment" and "Property Tax Adjustment Services," seeking an end to the scam and at least $2.5 million in civil penalties.

What to do

What should you do if you think your property tax bill is too high?  Some jurisidctions adjust assessments every year but many do not. That could mean your home is worth less than the local tax assessor believes.

However, unless the assessor takes it upon himself or herself to update property values, against which taxes are typically levied, it's up to you to appeal your tax bill.  This is something you can do yourself -- and it is most assuredly not something you should hire an out-of-state company to do for you without going through some very rigorous investigation of the company's credentials and track record.

Keep in mind that the property tax procedure is strictly local, administered by your town, city, county, township or whatever jurisdiction may apply in your area. There is no one-size-fits-all procedure. 

The best way to start is to visit your local town hall or county building to learn the local system, its rules and your rights to appeal. Don't assume the assessor isn't already at work for you, but also don't assume he or she is. In many areas, assessors are elected, so they're motivated to be responsive to homeowners.  Even if they're not elected, their bosses -- the city or county council -- are looking over their shoulder, so you shouldn't have too much trouble getting answers.

The Federation of Tax Administrators can point you to your property tax assessor or administrator where you can get all the details you need for appealing your property tax.

Many are behind

Keep in mind also that, with all the turmoil in the real estate market the last few years, many assessors are having trouble keeping up, so even with the best intentions they may not have reassessed your property as often as they should have. 

Be polite and factual in your dealings.  Browbeating the assessor and his or her staff isn't likely to produce a good outcome. 

Assessments are based on the value of the property and the buildings that sit on that property.  One way that value is determined is by the sales price of other, similar properties in your neighborhood.

So, if you're surrounded by new McMansions that are selling for $700,000 and up, don't expect your assessment to be $150,000, even if your house is older and smaller than the new ones.  By the same token, if sales prices have plummeted in your area, your assessment should reflect that. You can request that the assessor survey recent prices in your neighborhood if he hasn't already done so.

Don't bother pointing out that your garage needs a new roof.  That's your problem, not the tax assessor's.

Connecticut is the latest state to look into services that claim they can help homeowners save money on their property taxes.Connecticut Attorney Gener...

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Who Is Eligible To Use Tax From 1040EZ?

As you prepare to file your 2011 federal tax return, you must first decide which form to use. While every taxpayer may use Form 1040, there are advantages to using Form 1040EZ, also known as “the short form,” if you qualify.

The advantage lies in the ease of filling it out. It doesn't require as much information and can be completed in a shorter amount of time.

Because it's so simple, you may be able to fill it out yourself, saving the cost of a tax preparer. If you pay to have your taxes prepared anyway, it will take less time and should cost less than a regular Form 1040 return.

Generally, you may use the short form if you are single, or married filing jointly; you do not claim any dependents; and you do not claim any adjustments to your income.

While there are benefits to Form 1040EZ, the Internal Revenue Service points out there can be disadvantages too. Some tax benefits can only be accessed by using Form 1040 or Form 1040A, so if you fall in certain categories, it may pay you to go to the extra time and expense of using those forms.

For example, you might be able to claim a bigger refund under the Earned Income Credit (EIC) if you file using Form 1040 or Form 1040A. This tax year, the maximum adjusted gross income you can have and still get the credit has increased.

Form 1040EZ is best used when you have salary from one or more jobs, taxable interest that is less than $1,500, or unemployment compensation. You may also claim the EIC using the short form, but the credit is computed on a separate worksheet.  

Using the Form 1040EZ...

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Find Out If You Have To Pay the Alternative Minimum Tax

Every year taxpayers need to consider whether they will have to pay the Alternative Minimum Tax (AMT). The AMT was enacted in 1982 and limits tax benefits from a variety of deductions. It's designed to make sure wealthy individuals pay at least some tax.

Because the levels at which the AMT is triggered are not automatically adjusted for inflation, as are regular tax thresholds, some non-rich taxpayers have found themselves required to pay the AMT in recent years. It usually results in a much higher tax bill.

The AMT Assistant, a tool provided by the Internal Revenue Service (IRS), is intended to provide a simple test for taxpayers who fill out their tax returns without using software to determine whether they may be subject to the AMT.

To use the IRS's AMT Assistant, you just answer a few simple questions about entries on your draft 1040 and the system does the rest. You will see the results immediately on your computer screen.

Yes or no

Based on your entries, the results will tell you that either you do not owe the AMT or that you must go further and complete Form 6251 to find out if you owe the AMT. The IRS says it takes about five to ten minutes to fill out the questionnaire.

Questions include things like “did you claim an accelerated depreciation?” or “did you claim deductions from a farm tax shelter?” Entries are anonymous and the information will be used only for the purpose of determining your eligibility. All entries are erased when you exit or start over.

Before you start, you should have your draft 2011 Form 1040 available, completed through Line 44. The AMT Assistant can be used by individuals, tax practitioners and community or public service organizations.

How to find out if you have to pay the Alternative Minimum Tax...

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IRS Offers Free Tax Help

With the tax code getting more complex by the year, almost all taxpayers need some kind of help preparing their income tax returns. Unfortunately, most help comes at a price, either from a tax preparer or accountant.

But for those who qualify, the Internal Revenue Service offers free tax help through its IRS Volunteer Income Tax Assistance (VITA) Program at over 12,000 locations. The free help is available to low- to moderate-income and elderly taxpayers.

VITA offers free tax help generally to people who earn $50,000 and less. The Tax Counseling for the Elderly (TCE) Program offers free tax help to taxpayers who are 60 and older.

To take advantage of this service, taxpayers need to present the following items to have their returns prepared:

  • Photo identification
  • Valid Social Security cards for the taxpayer, spouse and dependents
  • Birth dates for primary, secondary and dependents on the tax return
  • Wage and earning statement(s) Form W-2, W-2G, 1099-R, from all employers
  • Interest and dividend statements from banks (Forms 1099)
  • A copy of last year’s federal and state returns, if available
  • Bank routing numbers and account numbers for direct deposit
  • Other relevant information about income and expenses
  • Total paid for day care
  • Day care provider's identifying number

To file taxes electronically on a Married Filing Jointly tax return, both spouses must be present to sign the required forms.

Trained community volunteers can help eligible taxpayers with credits, such as the Earned Income Tax Credit (EITC), Child Tax Credit or Credit for the Elderly. Also, many sites have multilingual volunteers who can assist people with limited English skills.

To locate the nearest VITA site, taxpayers should call 800-906-9887. As part of the IRS-sponsored TCE Program, AARP offers the Tax-Aide counseling program at more than 7,000 sites nationwide during the filing season. To locate the nearest AARP Tax-Aide site, call 888-227-7669 or visit AARP’s Internet site.

The military also partners with the IRS to provide free tax assistance to military personnel and their families. The Armed Forces Tax Council (AFTC) consists of the tax program coordinators for the Army, Air Force, Navy, Marine Corps and Coast Guard. The AFTC oversees the operation of the military tax programs worldwide, and serves as the main conduit for outreach by the IRS to military personnel and their families. Volunteers are trained and equipped to address military specific tax issues, such as combat zone tax benefits and the effect of the EITC guidelines.

How to get free tax preparation help from the IRS...

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Fallen On Hard Times? Five Ways The Tax Law Might Help

Economists say the recession is long over but millions of people are hurting and unemployment remains stubbornly high. If you have recently fallen on hard times, the Internal Revenue Service (IRS) says it may be able to help you navigate your changed tax situation and, in some cases, offer some assistance.

There can be a tax impact to events such as job loss, debt forgiveness or tapping a retirement fund. If your income decreased, you may be newly eligible for certain tax credits, such as the Earned Income Tax Credit.

Most importantly, if you believe you may have trouble paying your tax bill you should contact the IRS immediately.

"There are steps we can take to help ease the burden," the agency says on its website. "You also should file a tax return even if you are unable to pay so you can avoid additional penalties."

Here are five economic setbacks and their tax implications:

1. Losing a job

The loss of a job may create new tax issues. Unfortunately, severance pay and unemployment compensation are taxable. Payments for any accumulated vacation or sick time also are taxable. You should ensure that enough taxes are withheld from these payments or make estimated tax payments to avoid a big bill at tax time. Fortunately, public assistance and food stamps are not taxable.

2. Losing your home to foreclosure

Under the Mortgage Forgiveness Debt Relief Act of 2007, taxpayers generally can exclude income from the discharge of debt on their principal residence or mortgage restructuring. This exception does not apply to second homes or vacation homes. In some cases, you may be able to file an amended tax return for previous tax years.

3. Withdrawing money from a retirement account

Because of dire economic circumstances, some consumers have eaten through their savings and have now been forced to tap their retirement accounts. That, of course, has tax implications. Generally, early withdrawal from an Individual Retirement Account prior to age 59½ is subject to being included in gross income plus a 10 percent additional tax penalty. But the IRS will waive the 10 percent penalty in some circumstances, such as using IRA funds to pay your medical insurance premium after a job loss.

4. Filing for bankruptcy

Debts discharged through bankruptcy are not considered taxable income, the IRS says. If you are an individual debtor who files for bankruptcy under chapter 7 or 11 of the Bankruptcy Code, a separate “estate” is created consisting of property that belonged to you before the filing date. This bankruptcy estate is a new taxable entity, completely separate from you as an individual taxpayer. However, some tax debts are not dischargeable in a bankruptcy action. You will definitely need legal advice in cases like this.

5. Can't pay your tax bill

Don’t panic, the IRS says. If you cannot pay the full amount of taxes you owe, you should still file your return by the deadline and pay as much as you can to avoid penalties and interest. You also should contact the IRS to discuss your payment options at 1-800-829-1040. The agency says it may be able to provide some relief such as a short-term extension to pay, an installment agreement or an offer in compromise. In some cases, the agency may be able to waive penalties. However, the agency is unable to waive interest charges which accrue on unpaid tax bills.  

Ways the IRS can help your tax situation if you've fallen on hard times...

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Are You Required To File An Income Tax Return This Year?

Each year, some people file a federal tax return even though they aren't legally required to. Are you one of them?

According to the Internal Revenue Service (IRS), you are required to file a federal income tax return if your income is above a certain level, which varies depending on your filing status, age and the type of income you receive. If you don't meet that threshold, you don't have to file.

However, there may be a good reason to file, even if you aren't required to. By filing a return, you could get a refund of any withheld taxes or qualify for a tax credit.

Here's another good reason to file a return. It's a federal crime to not file a return if you are legally required to, so erring on the side of caution is never a bad idea, if you are in doubt.

To find out if you need to file, check the Individuals section of the IRS website or consult the instructions for Form 1040, 1040A or 1040EZ for specific details that may help you determine if you need to file a tax return with the IRS this year.

You can also use the Interactive Tax Assistant available on the IRS website. The ITA tool is a tax law resource that takes you through a series of questions and provides you with responses to tax law questions.

Six reasons to file

Even if you don’t have to file for 2011, here are six reasons why you may want to:

1. Federal Income Tax Withheld

You should file to get money back if your employer withheld federal income tax from your pay, you made estimated tax payments, or had a prior year overpayment applied to this year’s tax.

2. Earned Income Tax Credit

You may qualify for EITC if you worked, but did not earn a lot of money. EITC is a refundable tax credit; which means you could qualify for a tax refund. To get the credit you must file a return and claim it.

3. Additional Child Tax Credit

This refundable credit may be available if you have at least one qualifying child and you did not get the full amount of the Child Tax Credit.

4. American Opportunity Credit

Students in their first four years of postsecondary education may qualify for as much as $2,500 through this credit. Forty percent of the credit is refundable so even those who owe no tax can get up to $1,000 of the credit as cash back for each eligible student.

5. Adoption Credit

You may be able to claim a refundable tax credit for qualified expenses you paid to adopt an eligible child.

6. Health Coverage Tax Credit

Certain individuals who are receiving Trade Adjustment Assistance, Reemployment Trade Adjustment Assistance, Alternative Trade Adjustment Assistance or pension benefit payments from the Pension Benefit Guaranty Corporation, may be eligible for a 2011 Health Coverage Tax Credit.

Eligible individuals can claim a significant portion of their payments made for qualified health insurance premiums.

How to find out if you are required to file a tax return...

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When Can You Expect Your Tax Refund?

When completing their tax returns, taxpayers usually have just two questions; how much am I getting back and when am I getting it?

While many variable come into play in determining how much of a refund you are getting, the same is true for the speed of your tax refund. The good news for taxpayers is, the refunds are going out faster all the time. The keys are filing electronically and selecting direct deposit instead of a paper check.

Technology speeds things up

Following technology improvements, the Internal Revenue Service (IRS) will issue refunds to more taxpayers in as few as 10 days this year for those who e-file and select direct deposit. Overall, the IRS issues the vast majority - more than 9 out of 10 - of all refunds, whether filed electronically or on paper, in 21 days or less.

Although refund speed will generally increase overall, the IRS emphasizes these are “best-case scenarios,” where tax returns are filed accurately and no corrections or review are required.

In addition, the IRS also cautions taxpayers it is increasing scrutiny of tax returns for signs of fraud. This means some tax refunds will face additional screening and review before being released, which will add time before the refund is delivered.

There are some simple ways for people to help ensure they receive their refund quickly. E-file remains the best way to ensure an error-free return.

No errors

Not making mistakes, it turns out, is another way to speed up a refund. Use the correct Social Security number or taxpayer identification number, the correct address, and the correct bank and routing number if electing direct deposit.

The IRS even has a section on its website called “Where's My Refund?,” a tool to check on the status of your refund. Information about refund status is available about three days after the IRS acknowledges receipt of your e-filed return, or four weeks after mailing a paper return.

How to know when your tax refunding is coming...

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IRS Free File Now Open For Business

If you would like to use the Internal Revenue Service (IRS) Free File service, it's now open for business for the 2011 tax filing year, the IRS said.

As the name implies, Free File is a free tax-preparation service that taxpayers can use online. According to the tax agency, more 33 million returns have been filed through Free File since its debut.

Everyone can use Free File, but there is an income limit for using the free tax preparation software the IRS offers through a number of commercial partners. To use the software, you must have an adjusted gross income of $57,000 or less.

Free File Fillable Forms, the electronic version of IRS paper forms, has no income restrictions. The only difference is, you have to prepare your taxes yourself.

“Free File can save you time and money,” said Diane Fox, director, Free File program. “You can prepare and e-file your tax return at no charge. And, the software helps you find the tax breaks you are due. Free File helps make taxes less taxing.”

Most taxpayers eligible for free software

The IRS estimates that 70 percent of taxpayers fall into the category that allows them to use the free tax preparation software. To get started, click here. 

All Free File members must meet certain security requirements and use the latest in encryption technology to protect taxpayers’ information.

People with an adjusted gross income of $57,000 or less are eligible for at least one software product if not more. Each of the Free File software providers sets their own eligibility requirements, usually based on qualifiers such as income, state residency, age or military status.

The easiest way to locate a software provider is to use the online “get help” tool at the IRS website, with a little of a taxpayer’s information such as income, age and state residency, can identify matching free-file products. Or, taxpayers can review all providers and their offers. Some software providers also offer state income tax preparation for free or for a fee.

Volunteer help

Also, the IRS is working with select volunteer tax sites such as Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly. There are 200 locations nationwide that have set up Free File kiosks where taxpayers can use computers to prepare their own returns with Free File.

For taxpayers whose incomes are more than $57,000, there’s Free File Fillable Forms, also available at the IRS website. This program is best for taxpayers experienced in preparing their own federal tax returns. For people who prefer doing their taxes the old fashioned way – by paper – this is an electronic alternative.

Free File Fillable Forms performs some math calculations and provides links to some IRS publications. It does not use the familiar question-and-answer format used by software. Taxpayers can e-file the forms for free. It also does not support state income tax returns.

Taxpayers must access the free-file products through IRS.gov or authorized kiosks.

Description of IRS Free File system...

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Taxpayers Have To Worry About Identity Theft Too

As consumers, we've had it drummed into us in recent years about the dangers of identity theft; how it can ruin your credit and cause you to spend countless hours straightening out the mess.

Less has been said about how identity theft can impact your relationship with the Internal Revenue Service (IRS), but the tax agency is now addressing the issue.

If thieves steal your identity, they can apply for credit cards and loans in your name. But you may not have thought about another threat. According to the IRS, they can – and do – file fake tax returns in your name, claiming a big refund.

Here's how it works. An identity thief uses a legitimate taxpayer’s identity to fraudulently file a tax return and claim a refund. Generally, the identity thief will use a stolen Social Security Number (SSN) to file a forged tax return and attempt to get a fraudulent refund early in the filing season, before the victim has had a chance to file their real return.

How you'll know

You may be unaware that this has happened until you file your return later in the filing season and discover that two returns have been filed using the same SSN.

Be alert to possible identity theft if you receive an IRS notice or letter that states that:

  • More than one tax return for you was filed,
  • You have a balance due, refund offset or have had collection actions taken against you for a year you did not file a tax return, or
  • IRS records indicate you received wages from an employer unknown to you.

What to do

If you receive a notice from IRS, respond immediately. If you believe someone may have used your SSN fraudulently, you should notify IRS immediately by responding to the name and number printed on the notice or letter. You will need to fill out the IRS Identity Theft Affidavit, Form 14039.

For victims of identity theft who have previously been in contact with the IRS and have not achieved a resolution, please contact the IRS Identity Protection Specialized Unit, toll-free, at

How can you protect your tax records?

The IRS has established the IRS Identity Protection Specialized Unit to assist taxpayers who think they could be vulnerable to identity theft. You could be included in this group if you've lost a wallet or purse, found questionable activity on credit accounts or otherwise suspect you've been a victim of identity theft. You can reach this special unit by calling 1-800-908-4490.

Meanwhile, there are ways you can minimize the chance of becoming a victim. Don’t carry your Social Security card or any document with your SSN on it. Don’t give a business your SSN just because they ask. Give it only when required.

Also, check your credit report every 12 months using www.annualcreditreport.com.

Secure personal information in your home. Protect your personal computers by using firewalls, anti-spam/virus software, update security patches, and change passwords for Internet accounts.

Finally, don’t give personal information over the phone, through the mail or on the Internet unless you have initiated the contact or you are sure you know who you are dealing with.

The IRS is beginning to help taxpayers deal with identity theft...

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Good Riddance: Last Year for 'Instant' Tax Refund Loans

There's at least one bright note for consumers as this tax season gets into gear: This is the final year in which refund anticipation loans (RALs) will be available from banks on a large scale, nationwide basis. After this season, there will be an end to the hundreds of millions drained from taxpayer refunds by these high-cost, high-risk loans.

“We will be glad to see the last of RALs, which were both high-cost and high-risk,” says Chi Chi Wu, staff attorney at the National Consumer Law Center (NCLC). “It’s not a moment too soon to stop multi-million dollar corporations from skimming off the tax refunds of hard-working families.”

Consumer advocates suggest that taxpayers looking for quick refund cash should consider these lower-cost or free alternatives:

  • Taxpayers with a bank account can get their tax refunds in 8 to 15 days with e-filing and direct deposit.
  • Taxpayers without a bank account can get a fast refund by e-filing and having their refund deposited to a prepaid card, including any existing payroll or prepaid card that the taxpayer already has.
  • H&R Block is even offering free refund anticipation checks (RACs) until early February if the customer uses its prepaid Block Emerald Card to receive the refund.
  • Walmart will cash your refund check up to $1,000 for $3, or $6 for up to $7,500.

With refund anticipation checks (RACs), the bank opens a temporary bank account into which the IRS direct deposits the refund check. After the refund is deposited, the bank issues the consumer a check or prepaid card and closes the temporary account. A RAC allows the consumer to pay for tax preparation fees out of the refund and provides the speed of direct deposit of tax refunds for unbanked taxpayers, but generally at an additional cost.

Life after Refund Anticipation Loans (RALs)

Even after the end of RALs, tax preparers and banks will continue to offer RACs, for which the banks generally charge about $30-$32. Tax preparers may also charge their own “add-on” fees, which can range from $25 to several hundred dollars.  

Since their main purposes is to defer payment of the tax preparation until the refund arrives, RACs may represent a high-cost loan of that fee. With the exception of free RACs, consumer advocates recommend taxpayers consider alternatives.

Prepaid cards are one alternative to allow taxpayers without a bank account to receive a fast refund. Taxpayers, however, should be cautious when selecting a prepaid card. “As with any financial product, taxpayers should compare costs and consumer protections,” recommends Wu.

Taxpayers without a bank account should also consider opening a bank account to receive their refund. “Getting a big refund is the perfect time to open a savings account and start a nest egg,” advises Jean Ann Fox, director of financial services for Consumer Federation of America.

Free tax preparation

Low-income taxpayers have a number of options for free tax preparation, including Volunteer Income Tax Assistance (VITA) (1-800-906-9887 or www.irs.gov) and AARP Tax-Aide sites. Choosing a VITA or AARP Tax-Aide site saves taxpayers the cost of a tax preparation fee. Many VITA sites also offer services to help open a bank account or get a low-cost prepaid card, which enables taxpayers to get fast refunds without pay a fee.

Free tax preparation may be available on military bases, and since servicemembers are required to have bank accounts, they are able to benefit from the speed of electronic delivery of their tax refunds

There are also a number of websites that allow taxpayers to prepare and file their taxes online for free, such as the IRS Free File program (www.irs.gov) and the I-CAN! E-file site (www.icanefile.org).

Enter the payday lenders

With the end of RALs made by banks, a few high-cost fringe lenders have stepped into the fray. Liberty Tax Service, which is planning an initial public offering, revealed in its prospectus that the tax preparation chain plans to partner with an unnamed non-bank lender to make RALs.

Liberty’s website shows that it has partnered with SGS Credit Services, Inc., which appears to be linked with Texas payday lenders.

A prominent payday lender, Advance America, is offering “fast” refunds though its storefronts, although it is unclear whether the product is a RAL, a regular payday loan, or a RAC in actuality.

The website for TaxWorks, a division of RedGear, which is owned by H&R Block, is promoting a “Tax Season Cash Advance” provided by Schear Lending Group and Atlas Financial Services. Schear Lending Group appears to be somehow affiliated with Ohio-based payday lenders.

“Consumers have even more reason to avoid RALs made by payday lenders,” advises Jean Ann Fox, “These RALs are likely to be more expensive and riskier.”

RALs made by nonbank lenders will most likely not be as widespread as bank RALs. Nonbank lenders do not have the legal ability, unlike banks, to flout state laws that cap interest rates, i.e., usury laws. Tax-time loans from payday lenders and other storefront outlets that offer to prepare taxes and make loans may be subject to state loan laws, usury caps, or loan broker requirements in states that have them. Seventeen states (and District of Columbia) do not permit payday lending at all.

There's at least one bright note for consumers as this tax season gets into gear: This is the final year in which refund anticipation loans (RALs) will be ...

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Can You File Taxes Using The 1040EZ Form?

When it comes to preparing your taxes, you can save time, and sometimes money, if you can use form 1040EZ – sometimes called “the short form” - instead of form 1040.

As the name implies, it's a much shorter, easier form to fill out. If you are paying to have your taxes done, it will cost less if the preparer can use form 1040EZ.

According to the Internal Revenue Service, you can use form 1040EZ if:

  • Your taxable income is below $100,000
  • Your filing status is Single or Married Filing Jointly
  • You and your spouse – if married -- are under age 65 and not blind
  • You are not claiming any dependents
  • Your interest income is $1,500 or less

If you qualify for the Earned Income Tax Credit (EIC), you can still use the short form under certain conditions. But If you have a qualifying child for the EIC, you must use Schedule EIC and Form 1040A or 1040 to do so.

Even though it may cost less to prepare the form 1040EZ, it might be to your financial benefit to use form 1040A or 1040 instead. For example, you can claim the head of household filing status, which usually results in a lower tax than single, only on Form 1040A or 1040. You can claim the retirement savings contributions credit only on Form 1040A or 1040.

Also, you can itemize deductions only on form 1040. You would benefit by itemizing if your itemized deductions total more than your standard deduction.

If you're in doubt, seek the advice of a qualified financial professional before filing your tax return.

How to know if you can use for 1040EZ...

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Do You Qualify For The Earned Income Tax Credit?

If you don't have a high income, you may qualify for a larger tax refund than you think. The Earned Income Tax Credit (EITC), sometimes called EIC is a tax credit for low to moderate income working individuals and families.

Congress originally approved the tax credit legislation in 1975 in part to offset the burden of social security taxes and to provide an incentive to work. When EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit.

To qualify, you must meet certain requirements and file a tax return, even if you do not owe any tax or are not required to file.

How do you know if you qualify? You must have earned income from employment, self-employment or another source and meet certain rules. In addition, you must either meet the additional rules for Workers without a Qualifying Child or have a child that meets all the Qualifying Child Rules for you.

Unfortunately, the specific criteria is not clearly defined. The best way to find out if you qualify is to answer this survey on the Internal Revenue Service (IRS) website.

However, you can quickly see if there is potential for qualifying by consulting the income requirements. The tax credit is available for people earning less than these amounts:

  • $43,998 ($49,078 married filing jointly) with three or more qualifying children
  • $40,964 ($46,044 married filing jointly) with two qualifying children
  • $36,052 ($41,132 married filing jointly) with one qualifying child
  • $13,660 ($18,740 married filing jointly) with no qualifying children

The Tax Relief and Job Creation Act signed into law December of 2010 provides a temporary increase in EITC and expands the credit for workers with three or more qualifying children. These changes are temporary and apply to 2009, 2010, 2011 and 2012 tax years.  

How to qualify for the earned income tax credit...

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Tax Agency Warns Of Increased Scams

It's not just tax season, it's also tax scam season. While filing a federal return and waiting for a refund is at the top of everyone's mind these days, criminals are trying to figure out ways to trick taxpayers into turning over their cash or sensitive financial information.

The Internal Revenue Service (IRS) warns that taxpayers must carefully choose a tax preparer, ensuring that they are not only competent to prepare your return, but also trustworthy. The IRS has noted an increase in tax-return-related scams, frequently involving unsuspecting taxpayers who normally do not have a filing requirement in the first place.

South and Midwest have been targets

These taxpayers are led to believe they should file a return with the IRS for tax credits, refunds or rebates for which they are not really entitled. Many of these recent scams have been targeted in the South and Midwest.

Most paid tax return preparers provide honest and professional service, but there are some who engage in fraud and other illegal activities. Unscrupulous promoters deceive people into paying for advice on how to file false claims. Some promoters may charge unreasonable amounts for preparing legitimate returns that could have been prepared for free by the IRS or IRS sponsored Volunteer Income Tax Assistance partners. In other situations, identity theft is involved.

According to the IRS, taxpayers should be wary of any of the following:

  • Fictitious claims for refunds or rebates based on excess or withheld Social Security benefits.
  • Claims that Treasury Form 1080 can be used to transfer funds from the Social Security Administration to the IRS enabling a payout from the IRS.
  • Unfamiliar for-profit tax services teaming up with local churches.
  • Home-made flyers and brochures implying credits or refunds are available without proof of eligibility.
  • Offers of free money with no documentation required.
  • Promises of refunds for “Low Income – No Documents Tax Returns.”
  • Claims for the expired Economic Recovery Credit Program or Recovery Rebate Credit. 
  • Advice on claiming the Earned Income Tax Credit based on exaggerated reports of self-employment income.

In some cases non-existent Social Security refunds or rebates have been the bait used by the con artists. In other situations, taxpayers deserve the tax credits they are promised but the preparer uses fictitious or inflated information on the return which results in a fraudulent return.

Don't be tempted by fliers and advertisements for free money from the IRS, suggesting that the taxpayer can file with little or no documentation. These items have been appearing in community churches around the country, starting last year. Promoters appear to be targeting church congregations, exploiting their good intentions and credibility, the IRS says.

Tax scams are abundant during tax season...

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Get A Fast Tax Refund Without A Refund Anticipation Loan

Now that the government has cracked down on predatory refund anticipation loans (RAL), some consumers bemoan the fact this “quick money” option is no longer available.

“We were counting on having our entire refund within about three days,” C., of Comanche, Okla., told ConsumerAffairs.com last year. “Without it we are facing cut off notices, canceled insurance and suspension of our driver's license, among other things.

But C. and others would have paid a very high price to get that money early.

“Refund anticipation loans (RALs) are one to two week loans made by banks, facilitated by tax preparers, and secured by the taxpayer’s expected tax refund,” said the Center for Responsible Lending. “RALs can carry triple digit APRs, and expose taxpayers to the risks of unpaid debt if their refunds do not arrive as expected.”

Fortunately, the refund process has been streamlined over the years and those who take advantage of these upgrades can often get their refunds in less than two weeks.

Free File

The first step is to file your return to the IRS electronically. The easiest, and least expensive way to do this is with Free File.

If your income is $57,000 or less, you can use Free File brand-name software to do the hard work for you with free tax preparation and free e-filing. It's available only through IRS.gov, where a number of tax software companies make their products available for free. Some also support state tax returns for free. Go to Free File to take advantage of this option. 

The second step for a speedy refund is to set up for direct deposit. The IRS is trying to discourage the use of paper checks, which cost money to print and mail. Getting your refund posted directly to your bank account speeds up the process and makes everyone happy.

Have your bank account information handy when you begin the Free File process. Once you have filed your return, you can monitor the refund progress with Where's My Refund? on the IRS website. 

One final note. The IRS warns that many scams revolve around bogus email messages that appear to be from the IRS with information about your refund. Don't fall for them If you receive an email that appears to be from the IRS and it asks you to provide any personal information, delete it. It's a scam.

Ways to speed up your tax refund...

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Important Changes For 2011 Tax Year

January isn't just a month for New Years resolutions. It's also the time to start pulling together documents for filing your federal income tax. There are some important changes this year that taxpayers should be aware of.

For the second straight year, the tax-filing deadline is being extended from the traditional April 15 to April 17. That's because April 15 falls on a Sunday and the following day is a holiday in the District of Columbia. The April 17 date serves as a deadline for tax return filing, for payment of first quarter estimated taxes, for requesting a filing extension, and for making a 2011 contribution to a tax-deferred retirement account.

If you are reporting a capital gain or loss in 2011, there is an additional form this year. Use form 8949 to list the specifics of the gain or loss. In the past tax payers used Schedule D. This year, you will also use Schedule D, but only to summarize the transactions.

If you are claiming mileage deductions for the business use of your vehicle, there are changes to the deduction amount. You may deduct 51 cents for each business mile driven before July 1, 2012 and 55 ½ cents for miles driven after July 1.

The tax law also allows you to deduct mileage driven to receive medical car, but the allowance is less generous. The mileage deduction for miles driven before July 1 is 19 cents and 23 ½ cents a mile after July 1. The deduction applies to trips to the doctor or driving to receive specialized medical services, such as radiation treatments.

Standard deduction

Taxpayers who do not itemize deductions are allowed to take what is known as a “standard deduction,” and that amount has increased for the 2011 tax year. The new standard deduction will depend on your filing status.

If you are single or married, but filing separately, the standard deduction is $5,800. If you are married and filing jointly, the amount is $11,600 and if you are the head of a household, the amount is $8,500. The standard deduction is subtracted from your gross income on form 1040.

If you have questions about your 2011 taxes, chances are you can find the information at the IRS website.

Income tax filing tips...

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Court Blocks Bogus Tax Credit Scheme

If someone offers to sell you a batch of tax credits he just happens to have lying around, it's a good idea to run, not walk, in the opposite direction.
A federal court in Los Angeles has permanently barred Lamar Ellis of Brea, Calif., from promoting a scheme involving sales of bogus federal tax credits.  
According to the government’s complaint, Ellis fraudulently claimed to have billions of dollars in federal research tax credits that the United States supposedly granted him for purported scientific breakthroughs.                                         

The government's suit alleged that Ellis advertised the sale of these bogus credits on the Internet and issued phony documents to people purporting to give them credits that could reduce their tax obligations.   The government also alleged that Ellis partnered with the Southwest Louisiana Business Development Center, a nonprofit organization in Jennings, La., to try to sell $24 billion of the fictitious credits.

The civil injunction order entered against Ellis bars him from telling prospective customers that he can transfer tax credits to them.  

Ellis is also required to give the government a list of the names, addresses and social security or tax identification numbers of everyone he previously sold the "credits" to. Those unfortunate souls can expect to hear a knock on the door soon.

If someone offers to sell you a batch of tax credits he just happens to have lying around, it's a good idea to run, not walk, in the opposite direction...

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No More 'Instant Refunds' from Tax Preparers After This Year

Consumer advocates are celebrating the end of high-cost refund anticipation loans (RAL), often presented as "instant refunds" by tax preparers.

The last bank offering the loans has been forced out of the business by a settlement with the Federal Deposit Insurance Corporation (FDIC). 

The settlement between the FDIC and Republic Bank & Trust requires the bank to terminate its RAL program after the end of the next tax season -- April 30, 2012, in other words.

The FDIC’s agreement imposes a $900,000 civil penalty on Republic. It also incorporates a plan for Republic to implement a system of verifications to ensure that its partner tax preparers operate their future tax settlement activities with appropriate safeguards.

Republic will have to review all advertising for tax settlement products at the partner preparer’s offices, and conduct audits, including surprise on-site visits and mystery shopper surveys, at ten percent of preparer locations.

“Mark Pearce and his team at the FDIC have delivered a big win for low-income tax payers today. Their determined efforts to finish the job reflect a commitment to protecting consumers from predatory loan products,” said Peter Skillern of the Community Reinvestment Association of North Carolina.

“The FDIC action is an important step toward protecting families who struggle to make ends meet from unfair bank credit products and practices,” said Jean Ann Fox of the Consumer Federation of 
America.

149% APR

RALs are one- to two-week loans secured by the taxpayer’s refund. RALs can be expensive; this year, Republic Bank is charging $61.22 for a RAL of $1,500, which translates into an APR of 149%.

RALs target low-income taxpayers, especially recipients of the Earned Income Tax Credit, a special tax break for working poor families. In 2009, RALs skimmed over $600 million from the refunds of 7.2 million American taxpayers.

“We are pleased see the last of the RAL banks forced out of the business,” said Chi Chi Wu of the National Consumer Law Center. “We also commend the FDIC for a settlement that includes a plan for
Republic to institute safeguards for its remaining refund anticipation check program.”

Going forward, consumer advocates expressed a desire for the FDIC to develop a regulatory standard for the sale of refund anticipation checks (RACs), particularly that the FDIC should be vigilant to make sure that pricing of RACs remains appropriate and consumers are not charged abusive extra fees by partner tax preparers.

Absent a decision to terminate those products as well, the key priority should be to establish a balance between the need to help people avoid paying out-of-pocket for tax preparation and being able to purchase a RAC at a fair price, the consumer groups said.

Consumer advocates are celebrating the end of high-cost refund anticipation loans (RAL), often presented as "instant refunds" by tax preparers.The last b...

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'Clean Up Government Act' Passes Its First Big Test

We often hear from consumers who say we should keep politics out of our consumer news coverage.  That would be fine if politics didn't influence just about every aspect of consumers' lives.  

But it does and also, as consumers, we're also citizens with a stake in government.  So sometimes it's a good idea to ignore the acts going on in the Big Tent of the American political circus and take a look at what's going on iin some of the smaller side rings.

That's often not a very attractive site but last week, lawmakers from both parties came together in an atmosphere of comity and mutual respect and unanimously passed a bill labeled the “Clean Up the Government Act” (H.R. 2572).  Authored by U.S. Representatives Jim Sensenbrenner (R-WI) and Mike Quigley (IL-05), the measure contains much-needed reforms to provide the Department of Justice with the tools necessary to prosecute public corruption. 

The measure is simple enough; it requires public officials to disclose potential conflicts of interest and prohibits them from using their elected positions for personal gain.

It's personal

“For me, this bill is personal," Quigley said. "When four of Illinois’ last eight governors have gone to prison on corruption charges, and two of my own predecessors have been convicted for the same, enough is enough.” 

Rep. Quigley's 5th Congressional District was previously represented by Rod Blagojevich and Dan Rostenkowski.

“Americans’ faith in government is at an all time low, and until we restore the public’s trust, we can’t lead or make the tough choices necessary to move forward.  This legislation will help ensure that the work conducted by elected officials benefits the taxpayers, not themselves,”  Quigley said.

The bill targets public officials who exploit their positions and influence to obtain benefit from an undisclosed financial interest in a matter.  The Clean Up Government Act addresses these issues, as well as those of public officials who accept gratuities simply because of their official position, and amends the definition of “official act” to include conduct that falls within the range of official duties of the public official. 

The bill includes a number of other vital tools to fight public corruption, namely, a provision to prevent public officials from receiving gifts because of their positions and a provision that makes clear that government officials who accept private compensation for using the powers their jobs afford them may be subject to prosecution. The complete text is available online.

Nearly identical legislation (S.401) sponsored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) has already passed out of committee in the Senate.  

CREW

An untiring supporter of the bill -- and of other anti-corruption measures -- is a non-profit advocacy group called CREW, Citizens for Responsibility and Ethics in Washington.  CREW provided this edited version of last week's committee session:

We often hear from consumers who say we should keep politics out of our consumer news coverage.  That would be fine if politics didn't influence just...

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Report: Telecoms Among Top Corporate Tax Dodgers

Many of the Occupy Wall Street protesters are a little vague on what they're mad about, but tax breaks for big corporations are usually high on their list.

Now a new report, “Corporate Taxpayers & Corporate Tax Dodgers,” is likely to add more fuel to the fire. Produced by Citizens for Tax Justice and the Institute on Taxation and Economic Policy, the study examines the income taxes paid (or not paid) by 280 companies in the Fortune 500. The study’s authors note that:

“Seventy-eight of the 280 companies paid zero or less in federal income taxes in at least one year from 2008 to 2010. Twenty-five of these companies enjoyed multiple no-tax years, bringing the total number of no-tax years to 108. In the years they paid no income tax, these companies earned $156 billion in pretax U.S. profits. But instead of paying $55 billion in income taxes as the 35 percent corporate tax rate seems to require, these companies generated so many excess tax breaks that they reported negative taxes.”

In other words, thanks to tax loopholes, some of these companies paid nothing to the IRS.

Source: Freepress.org

Among the worst offenders were the big telecommunications companies:

  • Between 2008 and 2010, Verizon received $12.3 billion in tax subsidies from the federal government and had an effective tax rate of –2.9 percent.
  • In the same period, AT&T received nearly $14.5 billion in federal tax breaks, second only to Wells Fargo, which received nearly $18 billion. It had an effective tax rate of 8 percent.
  • Comcast received $2 billion in tax breaks and had an effective tax rate of 20.6 percent.
  • The telecom industry as a whole paid an effective tax rate of 8.2 percent during the 2008–2010 period — far below the standard 35 percent corporate tax rate.

Many of the Occupy Wall Street protesters are a little vague on what they're mad about, but tax breaks for big corporations are usually high on their list....

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H&R Block Pulls Back From 'Instant Refund' Loans for Another Year

H&R Block says it will not offer refund anticipation loans (RAL) during the 2012 tax season, winning plaudits from consumer activists and putting the heat on its competitors to do likewise.

“H&R Block did the right thing by deciding to ‘just say no’ to RALs,” said Chi Chi Wu, a staff attorney at the National Consumer Law Center. “We have criticized these loans as high-cost and risky for over a decade, and we are pleased that Block has actively decided not to offer them.”  

An RAL is a short-term loan based on a taxpayer's anticipated federal tax refund. RALs were critical to taxpayers when IRS refund delivery times took up to eight weeks. But, with recent modernization efforts, the IRS estimates taxpayers will wait two weeks or less for their refunds in 2012, making RALs less attractive.

RALs can be astonishingly expensive; earlier this year, one bank charged $61.22 for a RAL of $1,500, which translates into an APR of 149 percent. RALs target low-income taxpayers, especially recipients of the Earned Income Tax Credit, a tax break for working poor families.

$600 million

In 2009, RALs skimmed over $600 million from the refunds of 7.2 million American taxpayers.

Jackson Hewitt and Liberty Tax Service both continued selling RALs last year, using Republic Bank & Trust as their lender. 

That may not last forever, however.  The Federal Deposit Insurance Corporation (FDIC) has taken action to stop Republic from making RALs, and is seeking to impose a $2 million fine for alleged widespread legal violations in Republic’s RAL program.

However, Republic has appealed the FDIC’s action to an Administrative Law Judge and the appeals hearing is not until February 2012. In the meantime, Republic has decided to defy the FDIC and continue to make RALs in early 2012.

“We think Republic’s decision to make RALs for 2012 is both bad for consumers and foolhardy for the bank,” said Peter Skillern, executive director of Community Reinvestment Association of North Carolina. “We are astonished that a bank would continue to offer these risky, abusive loans to consumers in the face of an explicit directive by their federal regulator to stop."

Other solutions

H&R Block said it will offer its clients low-cost financial alternatives to the RAL, such as refund anticipation checks (RAC). A RAC is not a loan. It is a product for taxpayers who want to deduct the cost of tax preparation from their refund.

The customer's RAC proceeds can be deposited onto a reloadable H&R Block Emerald Card that is accepted at more than 1 million ATMs nationwide. It is an especially useful product for unbanked taxpayers looking for a low-cost way to establish a year-round banking relationship, the company said.

H&R Block stopped offering RALs in 2011 after regulators directed its third-party lending bank to stop funding the product. However, some smaller tax preparation firms were still able to offer RALs due to different regulations imposed on their lending banks. H&R Block said it strongly believes this regulation should be consistent across the tax preparation industry.

"The expertise of our tax professionals and our superior client service resulted in H&R Block growing new clients by nearly 19 percent last year -- even without a RAL," said Bill Cobb, H&R Block's CEO. 

H&R Block says it will not offer refund anticipation loans (RAL) during the 2012 tax season, winning plaudits from consumer activists and putting the h...

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Justice Sues to Block H&R Block Acquisition of TaxACT

Anti-trust lawyers at the U.S. Justice Department have filed suit in federal court to block H&R Block from purchasing a company that makes TaxACT, a popular tax-preparation software.

In a conference call with journalists today, Assistant Attorney General Christine Varney said there is not enough competition in the tax preparation field to allow the merger to go forward. H&R Block is the nation's largest tax preparer.

Making the case

Varney said H&R Block, in its public comments on the proposed deal, actually makes the government's case. She notes that Block said one of the primary reasons for the acquisition was to eliminate a competitor.

“In discussing the acquisition, H&R Block noted that one of the 'strategic opportunities' of the deal was to 'acquire TaxACT and eliminate the brand to regain control of industry pricing and further price erosion.'”, Varney said. “We believe that these statements clearly reveal that TaxACT is a formidable competitor that is being acquired in order to thwart competition in the tax software market.”

Over the years, H&R Block has produced a number of complaints to ConsumerAffairs.com, including complaints about tax preparation fees. Barbara, of New York, said she got into a heated argument with the manager of one H&R Block store after she said she caught the store double-billing.

“The manager lowered the fee from $800 to $660. still almost $200 more than I paid last year,” Barbara told ConsumerAffairs.com. “I have a simple return.”

Millions use tax preparation software

An estimated 35 to 40 million taxpayers use software products to prepare and file their federal and state income taxes. Varney said three companies account for 90 percent of all sales of consumer tax software products. Combining H&R Block and TaxACT, she said, would destroy the head-to-head competition between these two companies, leaving only one other major competitor.

According to the government, TaxACT is known as a maverick in the industry.  Its conduct over the past several years has significantly disrupted the market and forced its competitors, including H&R Block, to lower prices, increase quality and continue to innovate.

In other words, it has been good for consumers. TaxACT was the first company to offer all taxpayers the ability to prepare and electronically file their federal individual tax returns for free directly from its website.  Due to that competition, H&R Block felt significant pressure to offer a free product to consumers, Varney said.

Also, TaxACT has benefited consumers in another significant way – it offered lower prices at retail stores. Its desktop software is offered through a major retailer at a lower price than the comparable products from H&R Block and Intuit Varney said TaxACT did not charge an additional fee to its customers to e-file their state returns and did not attempt to sell users additional features after purchase.

The Justice Department is suing to block H&R Block's proposed acquisition of a tax preparation software company, saying it would be bad for consumers....

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Mystery Shoppers Find Problems With Paid Tax Preparers

Every year, Americans undertake one of the most important and complicated financial tasks imaginable – filing their tax returns.  Some will fill out a form with pen & paper, others will use a software program or website, and some will be helped by nonprofit programs.  About 58% of taxpayers will pay a commercial preparer to complete  their tax return. 

The rate is an even higher 66% among recipients of the Earned Income Tax Credit (EITC), a refundable credit intended to boost low-wage workers out of poverty. All told, almost eighty million Americans put their trust, their legal liability for taxes, and their financial health in the hands of paid preparers. 

Are they getting their money's worth?

As a follow-up to “mystery shopper” testing conducted in 2008 and 2010, advocacy groups in New York and North Carolina conducted limited tests of paid tax preparers. The results? As in previous years, some tax preparers:

  • provided shoddy work and/or engaged in tax fraud

  • violated state laws in offering refund anticipation loans or refund anticipation checks

  • failed to disclose estimated tax preparation fees

  • charged surprisingly high fees, including a fee of $540 this year

“Taxpayers put their trust, their financial health, and their liability for taxes in the hands of commercial preparers,” noted Chi Chi Wu, Staff Attorney at the National Consumer Law Center. “Unfortunately, that trust may not always be well placed.”

Fraud

Some preparers even encouraged their clients to commit fraud.

In one particularly glaring case, a preparer in New York “fixed” income from a 1099 form for discharged credit card debt, and also wrongfully claimed the Earned Income Tax Credit for one of the tester’s children. Another preparer advised a tester who owed money to the IRS that she should “get a kid” in order to get a bigger refund.

RALs

In New York, none of the paid preparers that offered refund anticipation loans (RALs) and refund anticipation checks (RACs) was in full compliance with the New York City RAL law, as they did not have the proper wall poster.

The three preparers who sold or attempted to sell a RAC made misleading statements as they failed to orally disclose the nature of a RAC and two of them failed to disclose the fees.

In fact, all three presented a RAC as an automatic default option. In North Carolina, the written disclosures for Jackson Hewitt fail to include two additional fees, as required by North Carolina regulations.

Fees

As in 2010, preparers often failed to provide adequate information about tax preparation fees. Testers were not provided with estimates of tax preparation fees, which sometimes were extremely high.

Several preparers charged $300 to $500. The highest fees were charged to the testers with the biggest refunds, all of whom received the Earned Income Tax Credit. Other testers with smaller refunds were charged lower tax preparation fees, after being given “discounts.”

Mystery Shoppers Find Problems With Paid Tax Preparers. Studies find shoddy work, high fees, problems with refund anticipation loans...

Tax Deadline A Month From Today

It's March 18, do you know where your tax return is? Just a reminder, since the April 18 tax filing deadline is now a month away.

The fastest, and maybe the easiest way to file your federal return is using the Internal Revenue Service's (IRS) e-file system. You or your tax professional prepare your tax return and file it electronically. In many cases, the tax professional is also the Electronic Return Originator (ERO) who is authorized to file your return electronically to the IRS. Ask your tax professional to file your return through IRS e-file.

You sign your electronic tax return by either using a Self-Select PIN for e-file for a completely paperless return, or by signing Form 8453 ,U.S. Individual Income Tax Transmittal for an IRS e-file Return.

After you sign the return using a Self-Select PIN or Form 8453,the tax preparer transmits the return to the IRS or to a third-party transmitter who then forwards the entire electronic record to the IRS for processing.

Once received at the IRS, the return is automatically checked by computers for errors and missing information. If it cannot be processed, it is sent back to the originating transmitter to clarify any necessary information.

Free File

If you're on a budget and meet certain criteria, you can tax advantage of Free File, from the IRS. Free File is a public-private partnership between the IRS and the Free File Alliance, LLC. The Alliance is a consortium of approximately 20 tax software providers who make versions of their products available exclusively on line.

All Free File members must meet certain security requirements and use the latest in encryption technology to protect taxpayers' information.

The easiest way to locate a software provider is to use the online tool that, with a little of a taxpayer's personal information, can identify matching products. Or, taxpayers can review all providers and their offers. Some software providers also offer state income tax preparation for free or for a fee.

This is the third year that the Free File Alliance has provided the Free Fillable Forms program, which is like completing a Form 1040 online, except the program performs some math calculations and provides links to some IRS publications.

“IRS Free File is the one-stop shop for all taxpayers making $58,000 or less to file their federal returns,” said Tim Hugo, executive director of the Free File Alliance. “Through IRS Free File, about 100 million people have free access to the industry’s best tax preparation software and a range of forms to fit most tax situations. It’s all online, and it’s all free. Tax time can be stressful, but IRS Free File walks participants through each step of the filing process to make taxes less taxing.”

The IRS notes that Free File does not use the familiar question-and-answer format used by tax preparation software. It also does not support state income tax returns. Taxpayers can e-file the forms for free. Taxpayers must access the tax products through IRS.gov to avoid any charges for preparing or e-filing a federal tax return.

By early March, the IRS estimated almost 19 million tax returns had been filed from home computers so far this year, many of them using the Free File service.

Taxpayers are down to the last month before they must submit their 2010 tax return....

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End Times for Tax Refund Anticipation Loans

This may be the last year in which tax preparers and their partner banks are able to skim hundreds of millions of dollars from tax refunds by selling refund anticipation loans (RALs). Two major consumer groups say regulatory actions by banking regulators and the IRS may spell the end of the popular but extremely expensive loans.

In their annual report on the issue, the National Consumer Law Center (NCLC) and Consumer Federation of America (CFA) document how regulatory actions by the IRS and banking regulators may potentially spell the end of RALs.

The report also takes a look-back at RAL lending in prior years, finding that the loans drained the refunds of about 7.2 million American taxpayers in 2009, costing them in the neighborhood of $606 million in loan fees, plus over $58 million in other fees. In addition, another 12.9 million taxpayers spent $387 million on related financial products to receive their refunds.

“We will be glad to see the last of these high-cost, high-risk loans,” declared Chi Chi Wu, NCLC Staff Attorney. “It’s not a moment too soon to stop multi-million dollar corporations from skimming off the tax refunds of hard-working families.”

Expensive loans

RALs are bank loans secured by the taxpayer’s expected refund -- loans that last about 7 to 14 days until the actual IRS refund repays the loan. Using the most recent data available from the IRS, NCLC and CFA calculate that about 7.2 million taxpayers received RALs in the 2009 tax filing season (for tax year 2008). This represented a 14% drop from the 8.4 million taxpayers who took out a RAL in the 2008 filing season.

RALs are mostly marketed to low-income taxpayers, including recipients of the Earned Income Tax Credit (EITC), the nation’s largest federal anti-poverty program. According to IRS data, 87% of taxpayers who applied for a RAL in 2009 were low-income, and nearly two-thirds (64%) were EITC recipients

In addition to RALs, refund anticipation checks (RACs) are another product offered by tax preparers and their partner banks. With RACs, the bank opens a temporary bank account into which the IRS direct deposits the refund check. After the refund is deposited, the bank issues the consumer a check or prepaid card and closes the temporary account.

Consumers without a bank account may pay extra to then cash the RAC check. RACs generally cost about $30. In 2009, about 12.9 million taxpayers received a RAC.

More limited, even more expensive

In 2011, RAL availability is more limited, but the loans are more expensive. For example, Republic Bank states that it charges $61.22 for a RAL of $1,500, which translates into an APR of 149%. If the refund exceeds $1561.22, the taxpayer will be charged another $29.95 when the remainder of the refund arrives in the form of a RAC, for a total of $91.17 in fees.

Tax preparers may also charge their own fees in addition to a RAL or RAC fee charged by the bank. These add-on fees can range from $25 to several hundred dollars.

Changes in the industry

During the past year, there have been a number of major developments in the RAL industry. Concerns over RALs have prompted a number of regulators to take action against them. Collectively, these developments signal the end of RAL lending.

“We are pleased that the IRS and bank regulators may have effectively put an end to loans that siphon off hundreds of millions in taxpayers’ hard-earned money and federal benefits meant to lift hard-working Americans out of poverty,” said Jean Ann Fox, Director of Financial Services for CFA.

In August 2010, the IRS announced it would stop providing the Debt Indicator, a service that helped tax preparers and banks make RALs by acting as a form of credit check. The Debt Indicator revealed whether a taxpayer’s refund would be paid or would be intercepted for government debts. Consumer advocates had strongly urged termination of the Debt Indicator, and applauded the IRS’s action.

In April 2010, JP Morgan Chase voluntarily exited the RAL market. Chase had been one of the three biggest RAL providers, serving about 13,000 independent preparers. This left many independent preparers without a source of RALs.

In October 2010, the Office of Thrift Supervision issued a supervisory directive to MetaBank, effectively prohibiting that bank from making RALs. Previously, MetaBank had announced its intent to make RALs, and was expected to be the RAL partner for Jackson Hewitt.

MetaBank also had previously provided Jackson Hewitt with a “pay stub” RAL in the form of its iAdvance line of credit on a prepaid card. The OTS directive resulted in the termination of the iAdvance program, citing “unfair or deceptive acts or practices.”

In December 2010, the Office of the Comptroller of the Currency issued a directive prohibiting HSBC from offering RALs. HSBC had been H&R Block’s RAL-lending bank partner. This followed a similar OCC action in December 2009 that forced Santa Barbara Bank & Trust, which had been Jackson Hewitt’s main RAL lending partner, out of the RAL market.

As a result of the OCC and OTS’s actions and the departure of JPMorgan Chase, there were only three state-chartered banks this year making RALs—Republic Bank & Trust, River City Bank, and Ohio Valley Bank/Fort Knox Financial Services. All three banks are small banks, and have only a fraction of JPMorgan Chase’s or HSBC’s RAL lending capacity. Republic is the RAL lending partner for both Jackson Hewitt and Liberty Tax Service in 2011.

On February 10, 2011, Republic announced that its federal regulator, the FDIC, had notified the bank that the practice of originating RALs without the benefit of the Debt Indicator is unsafe and unsound. Ohio Valley Bank received a similar notice, and its Board of Directors voted to discontinue making RALs. River City Bank also announced that it would exit the RAL business after the 2011 tax season, following conversations with the FDIC.

The FDIC’s actions signal that the three remaining RAL lending banks have been forced out of the RAL market. Two of the banks have accepted the FDIC’s decision, but Republic Bank & Trust has stated it will appeal the decision to an administrative law judge, and potentially to a federal court. Unless Republic’s appeal is successful, the FDIC’s actions mean there will be no banks left that could make RALs in 2012, effectively ending the product.

Future perils

Even with the end of RALs, low-income taxpayers still remain vulnerable to profiteering. Tax preparers and banks continue to offer RACs, which can be subject to significant add-on fees and may represent a high-cost loan of the tax preparation fee. Consumer advocates recommend taxpayers consider alternatives to RACs.

“Consumers should think about opening a real bank account to get their refunds fast, instead of paying $30 for a one-time use account,” recommended Jean Ann Fox of CFA.

Another option is prepaid debit cards, including any existing payroll or prepaid card that the taxpayer already has. There are prepaid card options specifically targeted for tax time, such as the Get It Card from Advent Financial Services or the H&R Block Emerald Card. A few even permit taxpayers to have the costs of tax preparation deducted from their refunds.

Earlier this year, the U. S. Department of Treasury announced a pilot project to offer 600,000 low-cost prepaid cards to families who may not have a bank account to receive their tax refunds, a move applauded by consumer advocates.

Consumer advocates recommended that taxpayers be cautious when considering other types of prepaid card options.

“As with any financial product, taxpayers should compare costs and consumer protections when choosing among prepaid cards,” recommended Chi Chi Wu, NCLC Staff Attorney.

Another development is that the IRS has stated it will explore the idea of permitting a portion of tax refunds to go directly to pay for tax preparation. A split refund option would allow taxpayers to pay for preparation fees out of their refunds without the need for a RAC. Consumer advocates have supported the idea, if properly limited in amount to prevent abuse.

Other potential future developments could be less beneficial. Unscrupulous preparers could partner with non-bank lenders to make RALs, perhaps employing tactics used by high-cost loan companies.

Finally, the reforms that have signaled the end of RAL lending have been issued by the IRS and banking regulators. With different regulators, these decisions could be reversed

easily.

End Times for Tax Refund Anticipation Loans New regulations may at last spell the end of “instant refund” loans...

Do You Quality For the Earned Income Tax Credit?

The Earned Income Tax Credit (EITC) is one of the largest tax benefits available to moderate and low-income taxpayers, so it pays to investigate, to see if you qualify.

Last year more than 26 million eligible taxpayers received nearly $59 billion total in EITC. The economic stimulus law created a new category of families with three or more children and increased the maximum benefit of EITC for tax years 2009 and 2010. The Tax Relief and Job Creation Act of 2010 extended these changes through 2012.

To qualify, taxpayers must meet certain requirements and file a tax return, even if they did not earn enough money to be obligated to file a tax return. Even if you paid no tax, you could receive money from the Internal Revenue Service (IRS).

Do you qualify?

To qualify, you must meet certain requirements and file a U.S. Individual Income Tax Return. Individuals and families must meet certain general requirements:

  • You must have earned income.
  • You must have a valid Social Security number for yourself, your spouse (if married filing jointly) and your qualifying child.
  • Investment income is limited to $3,100.
  • Your filing status cannot be "married filing separately."
  • Generally, you must be a U.S. citizen or resident alien all year.
  • You cannot be a qualifying child of another person.
  • You cannot file Form 2555 or Form 2555-EZ (related to foreign earned income).

Your income cannot exceed certain limitations. For Tax Year 2010, your earned income and adjusted grow income (AGI) must each be less than:

  • $43,352 ($48,362 married filing jointly) with three or more qualifying children
  • $40,363 ($45,373 married filing jointly) with two qualifying children
  • $35,535 ($40,545 married filing jointly) with one qualifying child
  • $13,460 ($18,470 married filing jointly) with no qualifying children

If you claim a child, he or she must have lived with you in the United States for more than half of 2010. The child must be your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them. At the end of 2010, the child must have been under age 19, a full-time student under age 24, younger than the EITC-claiming taxpayer or any age if permanently and totally disabled at anytime during 2010.

Your qualifying child cannot be used by more than one person to claim EITC. If a child meets the rules to be a qualifying child of more than one person, only one person can treat that child as a qualifying child and claim EITC.

No kids

If you don't have a child, you must meet three additional tests:

  • At the end of 2010, you must have been at least age 25, but under age 65.
  • You cannot qualify as the dependent of another person.
  • You must have lived in the United States for more than half of 2010.

Credit Limits for 2010 Tax Year

Income and family size determine the amount of the EITC. For tax year 2010, the maximum credit amounts are:

  • $5,666 with three or more qualifying children
  • $5,036 with two qualifying children
  • $3,050 with one qualifying child
  • $457 with no qualifying children

The Earned Income Tax Credit Provides low income tax payers the biggest tax benefit....

IRS Offers Help for Struggling Taxpayers

For some Americans, tax season is a season of dread. Instead of looking forward to receiving a refund from the Internal Revenue Service (IRS), these taxpayers owe the government money and are wondering how they're going to pay it.

The IRS says it wants to lend a hand to these people, and has outlined a series of new steps to help people get a fresh start with their tax liabilities. The goal is to help individuals and small businesses meet their tax obligations without adding unnecessary burden to taxpayers.

Specifically, the IRS is announcing new policies and programs to help taxpayers pay back taxes and avoid tax liens.

"We are making fundamental changes to our lien system and other collection tools that will help taxpayers and give them a fresh start," IRS Commissioner Doug Shulman said. "These steps are good for people facing tough times, and they reflect a responsible approach for the tax system."

The announcement  centers on the IRS making significant changes to its lien filing practices that will lessen the negative impact on taxpayers. The changes include:

  • Significantly increasing the dollar threshold when liens are generally issued, resulting in fewer tax liens.
  • Making it easier for taxpayers to obtain lien withdrawals after paying a tax bill.
  • Withdrawing liens in most cases where a taxpayer enters into a Direct Debit Installment Agreement.
  • Creating easier access to Installment Agreements for more struggling small businesses.
  • Expanding a streamlined Offer in Compromise program to cover more taxpayers.

Win-win

"These steps are in the best interest of both taxpayers and the tax system," Shulman said. "People will have a better chance to stay current on their taxes and keep their financial house in order. We all benefit if that happens."

In 2008, the IRS announced lien relief for people trying to refinance or sell a home. In 2009, the agency added new flexibility for taxpayers facing payment or collection problems. And last year, it held about 1,000 special open houses to help small businesses and individuals resolve tax issues with the Agency.

This latest announcement comes after a review of collection operations which Shulman launched last year, as well as input from the Internal Revenue Service Advisory Council and the National Taxpayer Advocate.

Tax lien thresholds

The IRS will significantly increase the dollar thresholds when liens are generally filed. The new dollar amount is in keeping with inflationary changes since the number was last revised. Currently, liens are automatically filed at certain dollar levels for people with past-due balances.

The IRS plans to review the results and impact of the lien threshold change in about a year.

A federal tax lien gives the IRS a legal claim to a taxpayer's property for the amount of an unpaid tax debt. Filing a Notice of Federal Tax Lien is necessary to establish priority rights against certain other creditors. Usually the government is not the only creditor to whom the taxpayer owes money.

A lien informs the public that the U.S. government has a claim against all property, and any rights to property, of the taxpayer. This includes property owned at the time the notice of lien is filed and any acquired thereafter. A lien can affect a taxpayer's credit rating, so it is critical to arrange the payment of taxes as quickly as possible.

"Raising the lien threshold keeps pace with inflation and makes sense for the tax system," Shulman said. "These changes mean tens of thousands of people won't be burdened by liens, and this step will take place without significantly increasing the financial risk to the government."

Tax lien withdrawals

The IRS will also modify procedures that will make it easier for taxpayers to obtain lien withdrawals.

Liens will now be withdrawn once full payment of taxes is made if the taxpayer requests it. The IRS has determined that this approach is in the best interest of the government.

In order to speed the withdrawal process, the IRS will also streamline its internal procedures to allow collection personnel to withdraw the liens.

Direct debit installment agreements and liens

The IRS is making other fundamental changes to liens in cases where taxpayers enter into a Direct Debit Installment Agreement (DDIA). For taxpayers with unpaid assessments of $25,000 or less, the IRS will now allow lien withdrawals under several scenarios:

  • Lien withdrawals for taxpayers entering into a Direct Debit Installment Agreement.
  • The IRS will withdraw a lien if a taxpayer on a regular Installment Agreement converts to a Direct Debit Installment Agreement.
  • The IRS will also withdraw liens on existing Direct Debit Installment greements upon taxpayer request.
  • Liens will be withdrawn after a probationary period demonstrating that direct debit payments will be honored.

In addition, this lowers user fees and saves the government money from mailing monthly payment notices. Taxpayers can use the Online Payment Agreement application on IRS.gov to set-up with Direct Debit Installment Agreements.

"We are trying to minimize burden on taxpayers while collecting the proper amount of tax," Shulman said. "We believe taking away taxpayer burden makes sense when a taxpayer has taken the proactive step of entering a direct debit agreement."

Installment agreements and small businesses

The IRS will also make streamlined Installment Agreements available to more small businesses. The payment program will raise the dollar limit to allow additional small businesses to participate.

Small businesses with $25,000 or less in unpaid tax can participate. Currently, only small businesses with under $10,000 in liabilities can participate. Small businesses will have 24 months to pay.

The streamlined Installment Agreements will be available for small businesses that file either as an individual or as a business. Small businesses with an unpaid assessment balance greater than $25,000 would qualify for the streamlined Installment Agreement if they pay down the balance to $25,000 or less.

Small businesses will need to enroll in a Direct Debit Installment Agreement to participate.

"Small businesses are an important part of the nation's economy, and the IRS should help them when we can," Shulman said. "By expanding payment options, we can help small businesses pay their tax bill while freeing up cash flow to keep funding their operations."

Offers in compromise

The IRS said it is also expanding a new streamlined Offer in Compromise (OIC) program to cover a larger group of struggling taxpayers.

This streamlined OIC is being expanded to allow taxpayers with annual incomes up to $100,000 to participate. In addition, participants must have tax liability of less than $50,000, doubling the current limit of $25,000 or less.

OICs are subject to acceptance based on legal requirements. An offer-in-compromise is an agreement between a taxpayer and the IRS that settles the taxpayer's tax liabilities for less than the full amount owed. Generally, an offer will not be accepted if the IRS believes that the liability can be paid in full as a lump sum or through a payment agreement. The IRS looks at the taxpayer's income and assets to make a determination regarding the taxpayer's ability to pay.

The IRS is taking steps to help taxpayers struggling to meet their tax obligations....

Florida Tax Preparer Banned

The U.S. Justice Department reports a Florida woman has been permanently barred from preparing federal income tax returns for others, and her former customers can expect a close examination by the Internal Revenue Service (IRS).

The injunction order, to which Milagros Espinal consented, requires her to provide a copy of the order to her customers, publish a copy of the order in The Miami Herald and El Nuevo Herald, and turn over to the government information identifying her customers.

According to the complaint, since at least 2004, Espinal, of Hialeah, Fla., has routinely prepared tax returns containing fabricated or overstated deductions and improper or false claims for tax credits, such as the earned-income tax credit and the child tax credit.  

The government estimates that her return preparation resulted in an understatement of her customers' federal income tax liabilities of $10 million or more between 2004 and 2007.   She allegedly prepared at least 2,000 returns during that period.

In the past 10 years, the Justice Department's Tax Division said it has obtained hundreds of injunctions to stop the promotion of tax fraud schemes and the preparation of fraudulent returns.  

The Justice Department has announced another tax preparer has been "banned for life" from preparing taxes....

IRS Raises Interest Rate On Underpayments

If you estimate your taxes and estimate low, or pay a lower of higher amount than you are required to pay, you'll now pay more in interest rates.

The Internal Revenue Service (IRS) has announced that interest rates for the calendar quarter beginning April 1, 2011, will increase by one percentage point.  The rates will be:

  • four (4) percent for overpayments (three (3) percent in the case of a corporation);
  • four (4) percent for underpayments;
  • six (6) percent for large corporate underpayments; and
  • one and one-half (1.5) percent for the portion of a corporate overpayment exceeding $10,000.

Under the Internal Revenue Code, the rate of interest is determined on a quarterly basis.  For taxpayers other than corporations, the overpayment and underpayment rate is the federal short-term rate plus three percentage points. (Read consumer complaints about tax preparation companies).

Generally, in the case of a corporation, the underpayment rate is the federal short-term rate plus three percentage points and the overpayment rate is the federal short-term rate plus two percentage points.  The rate for large corporate underpayments is the federal short-term rate plus three percentage points.

The rate on the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the federal short-term rate plus one-half (0.5) of a percentage point.  Additionally, the rate for determining the addition to tax for failure to pay estimated tax for the first 15 days in April 2011 is the four percent rate that applied to underpayments of tax during the first calendar quarter in 2011.

The interest rates are computed from the federal short-term rate during January 2011 to take effect February 1, 2011, based on daily compounding.

In addition to paying interest, you usually will face a financial penalty for underpaying, or not paying your taxes on file. If fraud is involved, the penalties are more than financial and involve criminal prosecution. Penalties are generally payable upon notice and demand and are generally assessed, collected and paid in the same manner as taxes.

Estimated Tax-Related Penalties

Employees have taxes withheld from their paychecks by their employer. When you have income that is not subject to withholding you may have to make estimated tax payments during the year. 

This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes and awards. You also may have to pay estimated tax if the amount being withheld from your salary, pension, or other income is not enough to pay your tax liability.

Estimated tax payments are used to pay income tax and self-employment tax, as well as other taxes and amounts reported on your tax return. If you do not pay enough through withholding or estimated tax payments, you may have to pay a penalty. If you do not pay enough by the due date of each payment period you may be charged a penalty even if you are due a refund when you file your tax return.

Penalties for filing or paying taxes late

The most common penalties are for filing late or paying taxes late. If you do not file your return by the due date (including extensions), you may have to pay a failure-to-file penalty. The penalty is usually five percent for each month or part of a month that a return is late --but not more than 25 percent. The penalty is based on the tax not paid by the due date (without regard to extensions).

If you file your return more than 60 days after the due date, the minimum penalty is $100 or, if less, 100 percent of the tax on your return.

You will have to pay a failure-to-pay penalty of one-half of one percent (0.5 percent) of your unpaid taxes for each month, or part of a month, after the due date that the tax is not paid. This penalty does not apply during the automatic six-month extension of time to file period if you paid at least 90 percent of your actual tax liability on or before the original due date of your return and pay the balance when you file the return.

The failure-to-pay penalty rate increases to a full one percent per month for any tax that remains unpaid the day after a demand for immediate payment is issued, or 10 days after notice of intent to levy certain assets is issued.

For taxpayers who filed on time, the failure-to-pay penalty rate is reduced to one-quarter of one percent (0.25 percent) per month during any month in which the taxpayer has a valid installment agreement in force.

For any month both the penalty for filing late and the penalty for paying late apply, the penalty for filing late is reduced by the penalty for paying late for that month, unless the minimum penalty for filing late is charged.

Accuracy related penalties

The two most common accuracy related penalties are the "substantial understatement" penalty and the "negligence or disregard of the rules or regulations" penalty. These penalties are calculated as a flat 20 percent of the net understatement of tax.

Understatement of tax means the tax shown on your return is less than the correct tax. The understatement is substantial if it is more than the larger of 10 percent of the correct tax or $5,000 for individuals. For corporations, the understatement is considered substantial if the tax shown on your return exceeds the lesser of 10 percent (or if greater, $10,000) or $10,000,000.

Penalty for negligence and disregard of the rules and regulations

"Negligence" includes (but is not limited to) any failure to:

  • make a reasonable attempt to comply with the internal revenue laws
  • exercise ordinary and reasonable care in preparation of a tax return or
  • keep adequate books and records or to substantiate items properly

This penalty may be asserted if you carelessly, recklessly or intentionally disregard IRS rules and regulations -- by taking a position on your return with little or no effort to determine whether the position is correct or knowingly taking a position that is incorrect. You will not have to pay a negligence penalty if there was a reasonable cause for a position you took and you acted in good faith.

Civil fraud penalty

If there is any underpayment of tax on your return due to fraud, a penalty of 75 percent of the underpayment due to fraud will be added to your tax. The fraud penalty on a joint return does not apply to a spouse unless some part of the underpayment is due to the fraud of that spouse. Negligence or ignorance of the law does not constitute fraud.

Typically, IRS examiners who find strong evidence of fraud will refer the case to the Internal Revenue Service Criminal Investigation Division for possible criminal prosecution. Keep in mind that both civil sanctions and criminal prosecution may be imposed.

Frivolous tax return penalty

You may have to pay a penalty of $5,000 if you file a frivolous tax return or other frivolous submissions. If you jointly file a frivolous tax return with your spouse, both you and your spouse each may have to pay a penalty of $5,000. A frivolous tax return is one that does not include enough information to figure the correct tax or that contains information clearly showing that the tax you reported is substantially incorrect.

You will have to pay the penalty if you filed this kind of return or submission based on a frivolous position or a desire to delay or interfere with the administration of federal tax laws. This includes altering or striking out the preprinted language above the space provided for your signature, This penalty is added to any other penalty provided by law.

Penalty for bounced checks

If you write a check to pay your taxes, make sure there are funds available to cover it. This is a check you don't want to bounce. If the check bounces, the IRS may impose a penalty. The penalty is either two percent of the amount of the check unless the check is under $1,250, in which case the penalty is the amount of the check or $25, whichever is less.

"The bottom line is that you must report all your income, file your return and pay your tax by the due date to avoid interest and penalty charges," the IRS says.

It pays to make sure the bottom line on your tax form is correct, and that you pay on time....

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Can You Use A 'Short' Tax Form?

If you are just sitting down to work on your taxes, chances are you have lots of questions. One question might be "which form do I use?"

For example, some taxpayers are able to use the shorter 1040EZ, or 1040A forms rather than the longer, more complicated standard Form1040. The job of filing your taxes will be much easier if you can use one of the shorter forms.

According to the IRS, you can use the 1040EZ if:

  • Your filing status is single or married, filing jointly
  • You were under age 65 and not blind at the end of 2010
  • You do not claim any dependents
  • Your taxable income is less than $100,000
  • Your income is only from wages, salaries, unemployment compensation, Alaska Permanent Fund dividends, taxable scholarship and fellowship grants, and taxable interest of $1,500 or less.
  • You did not receive any advance Earned Income Credit payments
  • You did not claim any adjustment to income, such as a deduction for IRA contribution or student loan interest
  • You do not claim any credits such as the earned income tax credit or the making work pay credit
  • You do not owe any household employment taxes on wages you paid to a household employee
  • You are not claiming the additional standard deduction

If you don't qualify for the 1040EZ, perhaps you can use the 1040A. To qualify, your income must be limited to wages, salaries, tips, IRA distributions, pensions and annui- ties, taxable social security and railroad retirement benefits, taxable scholarship and fellowship grants, interest, ordinary dividends (including Alaska Permanent Fund dividends), capital gain distributions, and unemployment compensation.

Other requirements include:

  • Your taxable income is less than $100,000
  • Your deductions are limited to IRA contributions and student loan interest
  • You do not itemize
  • Your taxes are from the tax table, alternative minimum tax, advance earned income credit, recapture of education credit, Form 8615, or Qualified Dividend and Capital Gain Tax Worksheet
  • Your tax credits are limited to child care, making work pay, earned income credit, education credits, additional child tax credit, elderly or disable tax credit, the child tax credit

If you are doing your taxes yourself, using a 1040EZ or 1040A will save time. If you are paying someone to prepare your taxes, using these short forms will probably save money.

If you meet certain conditions, you can use a 'short' form to file your taxes....

Don't Let Tax Preparer Talk You Into Anything Shady

Most professional tax preparers are honest and conscientious, trying to get the best results for their clients. If you have used the same preparer for several years, you probably have a degree of confidence in their ability and integrity.

Unfortunately, some tax preparers commit fraud, getting themselves and their clients in trouble. Even though you have paid a tax professional to prepare your return, you are ultimately responsible for its contents.

Possible penalties and prosecution

"In some situations, the client (taxpayer) may not have knowledge of the false expenses, deductions, exemptions and/or credits shown on their tax returns," the Internal Revenue Service (IRS) says on its website. "However, when the IRS detects the false return, the taxpayer must pay the additional taxes and interest and may be subject to penalties and criminal prosecution."

The point was made recently when the U.S. Justice Department filed six lawsuits against tax preparers in five states, charging them with fraudulently claim the first-time homebuyer tax credit and the Earned Income Tax Credit on returns. At the same time, a federal grand jury indicted a Philadelphia man on criminal charges for fraudulently claiming the first time homebuyer credit.

"We are working hard to ensure that those who try to cheat our country by filing phony claims for tax credits do not get away with it," said John A. DiCicco, Acting Assistant Attorney General of the Justice Department's Tax Division. "Honest taxpayers will be pleased to see the Internal Revenue Service and the Justice Department continuing to investigate, prevent, and prosecute these types of schemes during the 2011 tax filing season. False claim cases are certainly a nationwide priority for the Tax Division. This kind of tax fraud is an insult to hard-working Americans who legitimately qualify for these tax credits."

Clients get close scrutiny

A federal court in North Carolina, meanwhile, has permanently barred Jody S. Ball of Bryson City, N.C., from preparing federal income tax returns for others. And Ball's former clients may come under close scrutiny as a result. The order requires Ball to provide the government with a list of all persons for whom she prepared federal tax returns since January 2007 and to send each person a copy of the court's order.

According to the government's complaint, Ball, doing business as The Tax Lady Inc. and Jody Ball Accounting, included false claims for charitable donation deductions, business expense deductions and earned income tax credits on tax returns that she and her businesses prepared.

Even after the Internal Revenue Service (IRS) imposed penalties on Ball in 2004, she allegedly prepared more than 1,600 federal income tax returns during and after 2006. According to the complaint, of those returns that the IRS audited, approximately 80 percent understated customers' tax liabilities. 

All the more reason to check references, and maybe do a Google search, when using a tax preparer for the first time. How do you avoid a tax preparer who may not be on the up and up? The IRS offers these tips:

Advice

  • Avoid tax preparers who claim they can obtain larger refunds than other preparers
  • Avoid preparers who base their fee on a percentage of the amount of the refund.
  • Use a reputable tax professional who signs your tax return and provides you with a copy for your records.
  • Consider whether the individual or firm will be around to answer questions about the preparation of your tax return months, or even years, after the return has been filed.
  • Review your return before you sign it and ask questions on entries you don't understand.
  • No matter who prepares your tax return, you (the taxpayer) are ultimately responsible for all of the information on your tax return. Therefore, never sign a blank tax form.
  • Find out the person's credentials. Only attorneys, CPAs and enrolled agents can represent taxpayers before the IRS in all matters including audits, collection and appeals. Other return preparers may only represent taxpayers for audits of returns they actually prepared. (Additional text in italics added Feb. 4, 2005.)
  • Find out if the preparer is affiliated with a professional organization that provides its members with continuing education and resources and holds them to a code of ethics.
  • Ask questions. Do you know anyone who has used the tax professional? Were they satisfied with the service they received?

The IRS cautions taxpayers to be wary of claims by preparers offering larger refunds than other preparers. Check it out with a trusted tax professional or the IRS before getting involved.

When selecting a tax preparer, make sure it's someone who won't get you in trouble....

Instant Tax Refunds Are Just High-Interest Loans

Consumers who have a big tax refund coming often want to get their hands on it as soon as possible. In New Jersey, the Office of the Attorney General and State Division of Consumer Affairs last week inspected 574 tax preparation offices statewide in search of false and misleading advertising of so-called "instant," "same day" and "24 hour" tax refunds.

State officials reminded taxpayers that there is no such thing as an "instant" tax refund, as the Internal Revenue Service (IRS) cannot issue refunds that quickly. So-called "instant" refunds offered by some tax preparers are usually Refund Anticipation Loans (RALs), which often come with high fees and interest rates that cut deeply into the amount a taxpayer would receive from the IRS.

Empty promises

"The promise of fast cash and an instant refund can be very attractive, especially in times of economic hardship," said New Jersey Attorney General Paula Dow. "But tax preparers who offer so-called same-day refunds are selling something that does not exist -- typically at a high cost to the buyer."

The Division of Consumer Affairs investigators say they found five New Jersey businesses falsely advertising RALs in storefront signs, posters or flyers as "instant" or "same day" refunds. Each inaccurate or misleading sign is considered a separate violation of the state's Consumer Fraud Act's Advertising Regulations. The state is seeking a civil fine of $1,500 for each violation, for a total of $7,500 in fines; and reimbursements of $250 from each cited business for the state's investigative costs, for a total of $1,250 in reimbursements.

The businesses cited last week are: Demian and Co., LLC, in Cranford; MB Motor Sports, Inc., in Tinton Falls; City Tax in Jersey City; Girotel NJ, LLC in Union City; and Personal Touch Taxes, LLC in Newark.

Tax preparers who offer RALs are required to advertise them accurately. They are prohibited from requiring a client to enter into a refund anticipation loan and must be transparent about the costs involved. Tax preparers must also provide itemized statements of service charges, including charges for tax return preparation, electronic filing, and providing or facilitating the RAL.

Next best thing to instant

While the IRS doesn't hand out "instant refunds," its e-file system coupled with direct deposit, can put your refund into your account very quickly -- and it doesn't cost anything. Many taxpayers can even qualify for free tax-filing software.

The Free File Alliance, a coalition of industry-leading tax software companies partnered with the IRS, offers low-to-moderate income taxpayers free access to leading commercial tax preparation software. This year, every taxpayer with a 2010 Adjusted Gross Income of $58,000 or less may visit www.IRS.gov to prepare, complete and e-file his federal tax return at no cost.

"IRS Free File returns this year to proudly give 98 million Americans free access to the industry's best tax preparation software," said Tim Hugo, executive director of the Free File Alliance. "We are committed to making taxes simple, fast and free by offering step-by-step help that takes guesswork out of the process. More than 30 million people have already taken advantage of IRS Free File, and our goal this year is to serve each and every taxpayer making $58,000 or less."

To begin, taxpayers may visit the IRS Website and click on the "Free File" icon. Users will find a list of Free File Alliance member companies and may either choose the one that fits their needs or utilize the "help me find a company" tool. After selecting a company, taxpayers will be transferred to the company's Website to prepare, complete and electronically file their federal income tax returns. Three of the 19 participating software companies also offer services in Spanish.

New Jersey officials caution consumers against falling for expensive refund anticipation loans, and instead take advantage of IRS freefile....

Do You Qualify for The Earned Income Tax Credit?

Every year, millions of taxpayers “leave money on the table” by filing their taxes and not claiming all the deductions and credits to which they are entitled. The Internal Revenue Service (IRS) says filers, especially, should determine if they qualify for the Earned Income Tax Credit (EITC).

Nationwide last year, over 26 million eligible taxpayers received nearly $59 billion total from the EITC. Yet one out of five eligible taxpayers could still be missing the credit.

If you made $48,362 or less from wages, self-employment or farm income, you should check to see if you qualify for the EITC. It is easy to do with the EITC Assistant.

Once taxpayers know that they do qualify for the EITC, they must file a tax return and claim the credit to get it. The IRS has several free options for EITC eligible taxpayers to get help to file a federal tax return and claim the credit.

Receive up to $5.666

While there are many factors that affect eligibility for the credit and the amount of EITC that qualified taxpayers may take home, it can be a valuable tool to lower their taxes or to claim a refund. For example, a couple with three or more children could get up to $5,666.

The EITC is one of the federal government's largest benefit programs for working families and individuals. The American Recovery and Reinvestment Act of 2009 created a new category of families with three or more children and increased the maximum benefit of EITC for tax years 2009 and 2010. The Tax Relief and Job Creation Act of 2010 extended these changes through 2012.

The maximum credit for 2010 tax returns is $5,666 for workers with three or more qualifying children. However, workers without qualifying children may also be eligible for a smaller credit amount.

"Millions of workers who did not earn high incomes claimed the EITC last year," said Doug Shulman, IRS commissioner. "The IRS encourages all eligible taxpayers to claim this valuable credit. Together with our partners, we can help taxpayers file their returns and get the EITC."

EITC averaged $2.200 last year

Four out of five eligible taxpayers claimed the EITC last year obtaining an extra $2,200 from the credit on average. This represents a critical financial boost to over 26 million workers who earn low to moderate incomes.

Eligibility for the EITC is determined based on a number of factors including earnings, filing status and eligible children. Many people who experienced a change in these factors will qualify for the first time this year and may not be aware of the credit, IRS officials said.

Even if you aren’t legally required to file a tax return, you must file a return in order to get this tax credit. Those who typically fail to claim the EITC include rural workers and their families; non-traditional families, such as grandparents or foster parents raising children; taxpayers without qualifying children; individuals with limited English proficiency; Native Americans; and taxpayers with disabilities.

Are you eligible?

It is easy to verify if you qualify for EITC. Simply go to www.irs.gov and type "EITC" into the search box. There is an online EITC Assistant, which can help taxpayers determine eligibility by answering a few simple questions.

Best of all, there are several ways to file a tax return to claim the EITC for free:

  • Free File on IRS.gov: This free tax software and free electronic filing program will walk taxpayers through a question and answer format and help them claim the tax credits and deductions for which they are eligible.
  • Free tax preparation sites: EITC-eligible taxpayers can seek free tax preparation nationwide at more than 12,000 volunteer individual tax assistance sites, which can be found here. They can also call the community's 211 or 311 number for local services or call the IRS at 800-906-9887.
  • IRS Taxpayer Assistance Centers: EITC-eligible taxpayers can seek free assistance in 400 IRS locations across the country.

The IRS reminds qualifying taxpayers to take advantage of the Earned Income Tax Credit....

Don't Fall for Tax Season Scams

This time of year consumers spend more time thinking about taxes and tax-related issues. That's why they may be more vulnerable to scams masquerading as Internal Revenue Service (IRS) communications.

These scams are around all year round, but they seem more prevalent this time of year. They may appropriate the name, logo or other appurtenances of the IRS or U.S. Department of the Treasury to mislead taxpayers into believing that the scam is legitimate.

Scams involving the impersonation of the IRS usually take the form of e-mails, tweets or other online messages to consumers. Scammers may also use phones and faxes to reach intended victims. Some scammers set up phony Websites.

(Read consumer complaints about tax companies).

The IRS and e-mail

Generally, the IRS does not send unsolicited e-mails to taxpayers. Further, it does not discuss tax account information with taxpayers via e-mail or use e-mail to solicit sensitive financial and personal information from taxpayers. The IRS does not request financial account security information, such as PIN numbers, from taxpayers.

So if you get an email from the IRS covering any of the above subjects, you should assume it is a scam and not act on it until you independently verify the email is -- in fact -- from the tax agency.

Object of scams

Most scams impersonating the IRS are identity theft schemes. The scammer poses as a legitimate institution to trick consumers into revealing personal and financial information, such as passwords and Social Security, PIN, bank account and credit card numbers that can be used to gain access to and steal their bank, credit card or other financial accounts.

Attempted identity theft scams that take place via e-mail are known as phishing. Other scams may try to persuade a victim to advance sums of money in the hope of realizing a larger gain. These are known as advance fee scams.

Who is targeted

Anyone with a computer, phone or fax machine could receive a scam message or unknowingly visit a phony or misleading Web site. Individuals, businesses, educators, charities and others have been targeted by e-mails that claim to come from the IRS or Treasury Department. Scam e-mails are generally sent out in bulk, based on e-mail addresses (urls), similar to spam.

How an identity theft scam works

Typically, a consumer will receive an e-mail that claims to come from the IRS or Treasury Department. The message will contain an enticing or intimidating subject line, such as tax refund, inherited funds or IRS notice.

Usually, the message will state that the recipient needs to provide the IRS with information to obtain the refund or avoid some penalty. The message will instruct the consumer to open an attachment or click on a link in the e-mail.

This may lead to an official-looking form to be filled out online or send the taxpayer to a seemingly genuine but bogus IRS Website. The look-alike site will then contain a phony but genuine-looking online form or interactive application that requires the personal and financial information the scammer can use to commit identity theft.

Also, the clicked link may secretly download malware to the consumer's computer. Malware is malicious code that can take over the computer's hard drive, giving the scammer remote access to the computer, or it could look for passwords and other information and send them to the scammer.

Phony Web or commercial sites

In many IRS-impersonation scams, the scammer sends the consumer to a phony Website that mimics the appearance of the genuine IRS Website. This allows the scammer to steer victims to phony interactive forms or applications that appear genuine and require the targeted victim to enter personal and financial information that will be used to commit identity theft.

In addition to Websites established by scammers, there are commercial Internet sites that often resemble the authentic IRS site or contain some form of the IRS name in the address but end with a .com, .net, .org or other designation instead of .gov. These sites have no connection to the IRS. Consumers may unknowingly visit these sites when searching the Internet to retrieve tax forms, publications and other information from the IRS.

The official Website for the Internal Revenue Service is IRS.gov and it contains a lot of helpful information and advice for taxpayers. The best way to make sure you are at the right site is to type in www.irs.gov in your browser.

The IRS warns taxpayers not to respond to emails that appear to be from the tax collection agency....

Final Year of Recovery Act May Hold Tax Benefits for You

The American Recovery and Reinvestment Act (ARRA) of 2009 was passed by Congress to try and stimulate the economy. Among its provisions are tax breaks, many of which apply to individuals.

The tax benefits were approved for tax years 2009 and 2010, though a few have been extended in the tax package Congress approved last month. But taxpayers should make sure they take advantage of all the provisions of the earlier legislation.

Perhaps the best known is the Homebuyer Tax Credit, which was originally scheduled to expire in November 2009 but was extended through the first half of last year. As we've discussed in previous articles, if you bought a house last year you may qualify.

Education

Some of the lesser-known tax benefits include those for education. Under ARRA, more parents and students will qualify for a tax credit, the American Opportunity Credit, to pay for college expenses. The new credit modifies the existing Hope Credit for tax years 2009 and 2010, making the Hope Credit available to a broader range of taxpayers, including many with higher incomes and those who owe no tax.

It also adds required course materials to the list of qualifying expenses and allows the credit to be claimed for four post-secondary education years instead of two. Many of those eligible will qualify for the maximum annual credit of $2,500 per student.

The full credit is available to individuals whose modified adjusted gross income is $80,000 or less, or $160,000 or less for married couples filing a joint return. The credit is phased out for taxpayers with incomes above these levels. These income limits are higher than under the existing Hope and Lifetime Learning Credits.

Energy

The new law increases the energy tax credit for homeowners who make energy efficient improvements to their existing homes. The new law increases the credit rate to 30 percent of the cost of all qualifying improvements and raises the maximum credit limit to $1,500 for improvements placed in service in 2009 and 2010.

The credit applies to improvements such as adding insulation, energy efficient exterior windows and energy-efficient heating and air conditioning systems.

A similar credit was available for 2007, but was not available in 2008. The Internal Revenue Service (IRS) says homeowners should be aware that the standards in the new law are higher than the standards for the credit that was available in 2007 for products that qualify as "energy efficient" for purposes of this tax credit.

For property purchased before June 1, 2009, homeowners generally can rely on the manufacturers' certifications and Energy Star labels that were available at the time for those products. Manufacturers have been advised that they should not continue to provide certifications for property that fails to meet the new standards.

Earned Income Tax Credit

ARRA provides a temporary increase in the earned income tax credit (EITC) for taxpayers with three or more qualifying children. The maximum EITC for this new category is $5,657.

ARRA also increases the beginning point of the phaseout range for the credit for all married couples filing a joint return, regardless of the number of children. These changes apply to 2009 and 2010 tax returns.

The EITC is a refundable credit intended to help people who work but earn modest incomes. The credit begins to phase out at $21,420 for married taxpayers filing a joint return with children and completely phases out at $40,463 for one child, $45,295 for two children and $48,279 for three or more children. For married taxpayers filing a joint return with no children, the credit begins to phase out at $12,470 and completely phases out at $18,440.

Don't forget the American Recovery and Reinvestment Act when you start looking for tax deductions....

IRS' Free File Service Is Now Open

Haven't done your taxes yet? You're in luck. The Internal Revenue Service's (IRS) Free File tax preparation service became operational today.

If your adjusted gross income (AGI) is $58,000 or less, you're eligible to use this free, online service. The IRS says 70 percent of taxpayers have an AGI of $58,000 or less.

The Free File Alliance, a coalition of industry-leading tax software companies that partnered with the IRS, has announced the launch of the 2011 IRS Free File program. Since its inception in 2003, IRS Free File has offered low-to-moderate income taxpayers free access to leading commercial tax preparation software. There is no charge for using this service.

"IRS Free File returns this year to proudly give 98 million Americans free access to the industry's best tax preparation software," said Tim Hugo, executive director of the Free File Alliance. "We are committed to making taxes simple, fast and free by offering step-by-step help that takes guesswork out of the process. More than 30 million people have already taken advantage of IRS Free File, and our goal this year is to serve each and every taxpayer making $58,000 or less."

Choose a software

To begin, taxpayers may visit the IRS website, and click on the "Free File" icon. Users will find a list of Free File Alliance member companies and may either choose the one that fits their needs or utilize the "help me find a company" tool.

After selecting a company, taxpayers will be transferred to the company's website to prepare, complete and electronically file their federal income tax returns. Three of the 19 participating software companies also offer services in Spanish.

VITA

This year, the Free File Alliance has also partnered with the IRS Volunteer Income Tax Assistance Program (VITA), a service for low-to-moderate income taxpayers. Thanks to the new partnership, Free File Alliance member software will be available on self-assist kiosks at VITA sites in 29 states across the country.

VITA's partnership with the Free File Alliance will extend its reach and help the IRS provide expanded free tax prep services to more taxpayers who need additional assistance.

"Free File Alliance member companies have continually worked with the IRS to strengthen IRS Free File and ensure that it remains both accurate and secure," said Hugo. "Through the new VITA partnership, the Free File Alliance will be able to help the IRS serve more taxpayers than ever before."

Tracking your refund

Once you've filed your return using Free File, you can track the status of your refund online.

According to the IRS, you can generally get information about your refund 72 hours after IRS acknowledges receipt of your e-filed return, or three to four weeks after mailing a paper return. As you can see, it pays to file electronically.

You'll need to provide the following information from your tax return:

  • Your Social Security Number (or Individual Taxpayer Identification Number)
  • Your Filing Status
  • The exact whole dollar amount of your refund

The software companies partnering with the IRS on its Free File system say they are ready to start receiving your returns....

Take Advantage Of Six Over-Looked Tax Breaks

There is no need to cheat on your income taxes because the U.S. tax code offers very generous tax deductions and credits. By taking advantage of each one for which you qualify will save money.

Here is a list of tax breaks that you may have overlooked. If you aren’t sure you qualify, be sure to discuss it with a tax professional.

1. Job hunting

If you were one of the millions of people out of work last year, don’t forget that you can deduct the costs of looking for a new job. For example, you can write off food, lodging and transportation if your search took you out of town. Cab fares, employment agency fees, even the cost of printing and mailing resumes are deductible when looking for a new job. Just make sure you have receipts for everything.

2. Moving expenses

Did you move last year to start a new job? If so, moving expenses are deductible. To qualify, the job just be at least 50 miles from your previous place of residence. If you qualify, you can deduct the cost of getting your and your stuff to your new home, including 16.5 cents a mile for driving your own vehicle. You can also deduct parking expenses and tolls.

3. Other taxes

Don’t forget to deduct the other taxes you paid last year. The biggest chunk will probably be state income taxes and there, you have to remember that any state tax refund you received will count as income, somewhat diluting that deduction.

However, don’t forget real estate taxes or personal property taxes on cars, trucks, boats and other vehicles. If your state doesn’t have an income tax, you are allowed to deduct state sales tax you paid during the year, just as long as you can document it.

4. Child care expenses

A tax credit, which is better than a deduction, might be available if you paid for child care last year. The cost of the qualifying child care can be subtracted from the amount of tax owed, instead of subtracted from your gross income, like a deduction.

5. Points

If you purchased a home last year, you might be eligible for the homebuyers’ tax credit. Even if you aren’t, you can deduct any points paid to your mortgage company. However, if you refinanced an existing mortgage, the points deduction is taken over the life of the loan, providing a much smaller tax break.

6. Making work pay

For younger taxpayers especially, the Making Work Pay Tax Credit is often overlooked. By claiming the credit on your 2010 return, qualifying taxpayers can get a credit equal to 6.2 percent of their earned income, capped at $400 for individuals and $800 for couples. The credit starts to phase out for singles at $75,000 of adjusted gross income and disappears at $95,000. For couples, the range is $150,000 to $190,000.

The tax code offers hundreds of deductions and credits, so make sure you take advantage of them if you qualify....

How To Use the IRS' Free E-Filing System

For those in a hurry to get their hands on their federal tax refund, but who don't want to incur the expense of a refund anticipation loan (RAL), the Internal Revenue Services' (IRS) e-file system offers a free alternative. And it's just about as fast.

But how exactly do you use the e-file system, you ask? If you have a computer with an Internet connection, it's simple. If you don't, ask your tax preparer to e-file. It might end up saving you money.

First, before going to the IRS website, take the time to get all your tax information together -- you'll save time and won't have to stop in the middle of preparing your current year tax return to find a missing document.

What you need

Here's what you'll need:

  • Social Security numbers for yourself, your spouse, and any dependents.
  • Forms W-2 from all employers are required for yourself and your spouse.
  • Forms 1099 for Dividends, Retirement, or other income, or any Forms 1099 with Income Tax Withholding.
  • Receipts for expenses for Itemized Deductions (Schedule A).
  • Receipts and records for other income or expenses.
  • Bank Account numbers (for a fast refund, or to pay electronically).
  • Prior year Adjusted Gross Income amount or prior year PIN if using a Self-Select PIN as your signature.

Three options

You have three options for using e-file. You can use a computer connected to the Internet, use the IRS's Free File service, or have a tax professional e-file the return for you.

If using a tax preparer, be sure to take all your information with you, and don't forget to ask for IRS e-file. That way you'll get your refund faster and the tax preparer is less likely to make mistakes.

If you're filing the return yourself online, just answer the simple questions in your tax preparation software, and the software will do the rest for you. For faster refunds, or to pay when you want to, have your bank account number handy.

If you're using the Free File service, visit the IRS web page by clicking here.

State returns?

Okay, now that your federal return is filed, what about your state return? Depending on where you live, the IRS e-file system might work for that too.

Federal/State e-file allows the electronic filing of both Federal and state income tax returns at the same time. The electronic filing software places your Federal and state return data in separate packets. These packets are transmitted to the IRS in one taxpayer "envelope." The IRS functions as an electronic post office for the participant state, which receives and processes the state electronic return.

Which states participate? According to the IRS, 38 of the 50 states are taking part this year. You'll find a complete list here.

Using e-file to file both federal and state returns is not just easier, it puts money in your hands faster. Your tax return is processed quickly which means at the IRS, and in most states, you can have your refund direct deposited into your checking or savings account. Your refund is received twice as fast. The IRS and participating states can process your e-file returns much more quickly than those that are filed on paper.

Tax preparation software eliminates errors you may make, and e-file processing of the Federal and state return eliminates most errors. You can meet your Federal and state tax obligation at the same time. The IRS and state agency will let you know that your return has been received and accepted.

If you've ever wondered how to go about using the IRS' free e-file system for your taxes, here are step-by-step directions....

How To Get A Fast Tax Refund Without a Refund Anticipation Loan

This tax season there will be fewer options for a refund anticipation loan (RAL), but that doesn't mean taxpayers who need their refund quickly can't get it. In fact, most consumer advocates say the shortage of pricey RALs will turn out to be a positive for consumers.

While getting an RAL might seem easy, it comes at a pretty steep price. Especially when you consider there are lower cost, and even free alternatives.

For example, Taxpayers with a bank account can get their tax refunds in 8-15 days with e-filing from the Internal Revenue Service (IRS) and direct deposit. Taxpayers without a bank account can get a fast refund by e-filing and having their refund deposited to a prepaid card, including any existing payroll or prepaid card that the taxpayer already has. 

Plenty of options

"There are plenty of options for taxpayers to get quick refunds without paying for a costly RAL," ssaid Chi Chi Wu, staff attorney for the National Consumer Law Center.  "Of course, taxpayers should compare costs and consumer protections when choosing among these options."

Taxpayers without a bank account should also consider opening an account to receive their refund. 

"Getting a big refund is the perfect time to open a savings account and start a nest egg," said Jean Ann Fox, Director of Financial Services for Consumer Federation of America.  

Prepaid card options specifically targeted for tax time will be offered by some tax preparers or tax software companies in 2011, such as the Get It Card from Advent Financial Services or the H&R Block Emerald Card.  A few even permit taxpayers to have the costs of tax preparation deducted from their refunds.

Free assistance

Low-income taxpayers have a number of options for free tax preparation, including Volunteer Income Tax Assistance (VITA) and AARP Tax-Aide sites. Choosing a VITA or AARP Tax-Aide site saves taxpayers both the cost of a RAL and the cost of a tax preparation fee.  Many VITA sites also offer services to help open a bank account or get a low-cost prepaid card.

For taxpayers willing to do it themselves online, there are a number of websites that allow taxpayers to prepare and file their taxes for free, such as the IRS Free File program and the I-CAN! E-file site.

Fewer RALs

These options provide for a speedy refund and don't carry the costs of an RAL. Using the most recent data  available from the IRS, NCLC and CFA calculate that about 7.2 million taxpayers received RALs in the 2009 tax filing season, for tax year 2008.  This represented a 14 percent drop from the 8.4 million taxpayers who took out a RAL in the 2008 filing season.

It also means more taxpayers are saving money. NCLC cites Republic Bank's posted charges of $61.22 for a RAL of $1,500, which translates into an APR of 149 percent.  If the refund exceeds $1561.22, the taxpayer will be charged another $29.95 when the remainder of the refund arrives in the form of a refund anticipation check (RAC), for a total of $91.17 in fees. 

On the other hand, taxpayers who qualify for free tax-preparation assistance can file electronically using the IRS's e-file and have their refund direct deposited to a bank account in eight to 15 days. If you file as soon as you receive your W-2 form from your employer, you'll have your refund that much faster.

Taxpayers don't need an expensive refund anticipation loan to get their tax refund quickly....

IRS Taxpayer Advocate Says Rising Tax Liens Not Helpful

Every tax season it becomes abundantly clear to many that the nation's tax code is overly complicated.

In December, as part of its package of recommendations, the President's bi-partisan committee on the deficit urged a simplification of the tax code, reducing rates and closing loopholes. The Taxpayer Advocate within the Internal Revenue Service (IRS) agrees.

In her annual report to Congress National Taxpayer Advocate Nina E. Olson said taxpayers, most of whom must pay someone to prepare their tax return, would benefit from a simplification of tax laws.

"There has been near universal agreement for years that the tax code is broken and needs to be fixed," Olson said in releasing the report. "Yet no broad-based attempt to reform the tax code has been made.  This report documents the burdens the tax code imposes on taxpayers and explores why many taxpayers may nevertheless feel wedded to key aspects of the current system, undermining efforts at reform."

Hard-core enforcement

The report describes the Advocate's continuing concern that IRS collection practices inflict unnecessary harm on financially struggling taxpayers and fail to achieve the IRS's overriding objective of increasing long-term voluntary compliance with the tax laws.

"Tax collection requires a delicate balancing of the government's interest in collecting revenue and ensuring that all taxpayers pay their fair share of tax, on the one hand, and protecting financially struggling taxpayers from unnecessary harm, on the other," Olson said.  "Current IRS policies do very little balancing.  For example, IRS lien filing policies are all about 'protecting the government's interest' and don't consider the impact on the taxpayer."

In FY 2010, the IRS filed liens against 1.1 million taxpayers.  When the IRS files a notice of federal tax lien, the taxpayer's creditworthiness can be badly damaged for the long term. 

Lien filings are picked up by the three credit rating agencies and remain on the taxpayer's credit report for seven years from the date a tax liability is resolved, or longer if it is not resolved. 

"Increasingly, employers, mortgage lenders, landlords, car dealerships, auto insurance companies, and credit card issuers utilize credit reports, so a tax lien has the potential to render someone unemployable, unable to obtain housing, and unable to obtain car insurance or a credit card, at least at reasonable rates, for many years into the future," Olson said. 

A tax lien can be particularly devastating to small businesses, as it often cuts off their access to credit. Over the past seven years, the IRS has filed more than five million tax liens. 

The report says that despite the high unemployment rate and the unusually large number of Americans who are experiencing financial difficulties, the IRS is continuing to ramp up the number of tax liens it files each year.  The 1.1 million liens filed in FY 2010 compare with 168,000 in FY 1999, an increase of 550 percent.

What's the benefit?

The IRS does not have data that show whether, or to what extent, liens further revenue collection.  A study conducted in 2009 suggests there is a possibility that lien filings may reduce long-term tax collection.  Notably, over the same period that lien filings have increased by 550 percent, annual revenue collected by the IRS's Collection function on an inflation-adjusted basis has remained flat.

"By filing a lien against a taxpayer with no money and no assets, the IRS often collects nothing, yet it inflicts long-term harm on the taxpayer by making it harder for him to get back on his feet when he does get a job," Olson said.  "Absent data that show liens make a meaningful contribution to revenue collection and especially in this economy, I find it unacceptable that the IRS continues to torment financially struggling taxpayers in this way."

In her annual report to Congress, the IRS's National Taxpayer Advocate calls for a simpler tax law and a kinder, gentler tax collecting agency....

Five Ways To Avoid A Tax Audit

Each year the Internal Revenue Service (IRS) pulls out thousands of tax returns because something just doesn't quite add up.

Sometimes the IRS will just inform the taxpayer that he or she made a mistake and owe more -- or less -- money. In other cases, the return is subjected to a full-blown audit. That can be a nerve-wracking experience, and an expensive one too. It's best to avoid them, if at all possible.

Unfortunately for the taxpayer, audits are becoming more common. The IRS recently reported that its audits were up 11 percent for the year.

It's during hard times that taxpayers sometimes feel the pinch and are more likely to cut corners and try to pay a little less than they owe. Likewise, as tax revenue goes down, the government will look for more income by increasing audits.

Tax attorneys like Edward Gonzalez, who practices in the Washington, DC, area, say it's never a good idea to try to slide one by the tax man. The small savings on taxes just isn't worth the risk of triggering an audit.

He offers five pieces of advice for staying in the IRS' good graces and avoiding an audit:

1. When it comes to your taxes, honesty really is the best policy.

Report all income, even when you don't get a 1099 or W-2. Deposit all cash, religiously, into the business account. Don't take cash, bypass depositing it into an account, and use it to pay expenses. If the agent sees a lot of this, it'll make the case easier for unreported income. Remember: The burden of proof is on the taxpayer. Ignorance and sloppiness are not an adequate defense. Regarding deductions, don't try to reach. Always ask yourself: Is this a defensible position? Am I clearly entitled to the deduction?

2. Beware of "constructive dividends."

This is a favorite of the IRS, according to Gonzalez. Small business owners often use the corporate account to pay for personal goods or services, such as a car used for the personal errands of the owner, non-business meals, vacations, home improvements, and so on. IRS and the state tax agents know it, and look for it. If it's personal, report it in your personal income tax return or reimburse the company and make sure to give it only the correct tax treatment as compensation, or dividend, in consultation with your accountant. This is often one of the charges in a tax criminal case.

3. Use a reputable tax preparer.

Tax is very complicated. Furthermore, the law changes every year. The person preparing your return should have credentials (education and experience). Mistakes, including math errors, in one part of the tax return increase the odds that the whole return will be audited. Don't pick someone because she promises to get you the biggest refund or the lowest tax bill. That's a red flag signaling a fraudster. You don't want to be questioned by the IRS when it investigates this scammer's entire client list.

4. Keep good records.

Of course this is something you should have done throughout the year, but you can still heed this advice for the coming year. Keep your receipts, especially for expenses you deduct. You will be asked for them during an audit. Remember: To deduct actual mileage you must keep a "contemporaneous" log, i.e. at the time of the trip, not a reconstruction weeks afterward. Likewise, you want to have invoices for any payments you make.

Otherwise, on audit, how do you prove the deduction you took for office supplies wasn't just money you pocketed? Bring the paid bills from Staples. Meticulously deposit all your income into an account and pay your bills out of that account or designated credit cards. If you're self-employed, or have a side-line business in addition to your employment, do not commingle income and expenses of your business with your personal. Keep and use separate accounts, ATM cards, and credit cards for your personal transactions and your business transactions.

"One of the biggest problems we face as tax practitioners working with small businesses is the lack of good record-keeping," Gonzalez said. Just keeping "books" makes such a difference for business planning and profits, as well as defending an IRS audit.

5.  Keep regular books if you have a business.

It's good business practice, too, to keep books during the year. Many get into tax trouble because they didn't pay estimated taxes during the year and so don't have the cash (or available credit) to pay when they file the tax return for the year. Had they paid estimated taxes during the year, this would have been avoided. From a business point of view, they would also had a better idea of profitability had they taken into account tax "accrual" expenses building up during the year. So many contractors under-bid because they don't take taxes into account, and end up subsidizing the buyer with the tax liability they will later face!

Read more about income tax

A tax attorney offers taxpayers some helpful advice for avoiding an IRS audit....

Late Tax Law Changes May Affect Your 2010 Taxes

As it moved to extend current tax rates at the end of the year, Congress made a few other changes to the federal tax law. Some of those changes might affect your 2010 tax return, although most have impact over the next two years.

One significant change for 2010 has to do with IRA distributions. If you are over age 70 and a half, you must withdraw some funds from your IRA each year. With the extension of the tax rates for two years, Congress also extended a provision allowing you to make the minimum IRA withdrawal, up to $100,000, and donate it to a charity, thus neutralizing the taxable event.

And because Congress was so late in passing this law, lawmakers are allowing taxpayers to make that distribution in January 2011 and still count it as a 2010 withdrawal.

Other aspects of the new law also impact 2010 tax filers. The tuition and fees deduction, the $250 teacher supply deduction, and the deduction for sales tax in lieu of income tax for itemized deductions were extended to include 2010 taxes. However, the special real estate tax deduction for taxpayers who do not itemize was not extended.

Bonus depreciation

For business filers, bonus depreciation on new business assets, purchased between January 1 and September 8, 2010, is allowed at 50 percent. The percentage rises to a full 100 percent for assets purchased between September 9, 2010 and December 31, 2011.

One of the biggest bonuses in the new tax bill is for taxpayers who face what's called the Alternative Minimum Tax (AMT). Congress devised the AMT years ago to make sure very wealthy and sophisticated taxpayers paid at least some taxes.

The problem developed when the brackets weren't adjusted and millions of middle class taxpayers, because of inflation, got pulled into paying the higher level of taxes. The "patch" Congress put in place to help resolve this problem expired in this tax year, but Congress has extended it for about 20 million middle class taxpayers. Otherwise, they could have faced thousands of dollars more in taxes for 2010.

Looking ahead to 2011

Most of the 2010 Tax Relief Act will have impact in 2011. While it doesn't affect your 2010 return, knowing about the changes may help you better prepare for the 2011 tax filing season.

In 2011, personal exemptions and standard deductions will rise and tax brackets will widen due to inflation. These inflation adjustments relate to eight tax provisions that were either modified or extended by the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 that became law on Dec. 17.

New dollar amounts affecting 2011 returns, filed by most taxpayers in early 2012, include the following:

  • The value of each personal and dependent exemption, available to most taxpayers, is $3,700, up $50 from 2010.

  • The new standard deduction is $11,600 for married couples filing a joint return, up $200, $5,800 for singles and married individuals filing separately, up $100, and $8,500 for heads of household, also up $100. The additional standard deduction for blind people and senior citizens is $1,150 for married individuals, up $50, and $1,450 for singles and heads of household, also up $50. Nearly two out of three taxpayers take the standard deduction, rather than itemizing deductions, such as mortgage interest, charitable contributions and state and local taxes.

  • Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, for example, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $69,000, up from $68,000 in 2010.

  • The maximum earned income tax credit (EITC) for low- and moderate- income workers and working families rises to $5,751, up from $5,666 in 2010. The maximum income limit for the EITC rises to $49,078, up from $48,362 in 2010.The credit varies by family size, filing status and other factors, with the maximum credit going to joint filers with three or more qualifying children.

  • The modified adjusted gross income threshold at which the lifetime learning credit begins to phase out is $102,000 for joint filers, up from $100,000, and $51,000 for singles and heads of household, up from $50,000.

Several tax benefits are unchanged in 2011. For example, the monthly limit on the value of qualified transportation benefits (parking, transit passes, etc.) provided by an employer to its employees, remains at $230. Details on these inflation adjustments can be found in Revenue Procedure 2011-12.

By law, the dollar amounts for a variety of tax provisions, affecting virtually every taxpayer, must be revised each year to keep pace with inflation.

Read more about income tax

Before preparing your 2010 tax return, it's a good idea to review the recently-passed tax law....

Taxpayers Find Fewer Refund Anticipation Loan Options

 With H&R Block's announcement last month it would not be able to offer refund anticipation loans in the current tax filing season, many hard-pressed taxpayers are searching for alternatives.

While consumer advocates and personal finance experts strongly advise against paying hefty fees to borrow against a tax refund, many consumers do it each year, citing the need for instant cash. With Block out of the picture, what choices do they have?

Wall Street seems to think the business will go to Block's rival, Jackson Hewitt. The same week H&R Block announced its inability to provide the refund anticipation loans, Jackson Hewitt announced an amended contract with its funding source, Republic Bank & Trust Co. As a result, Hewitt will be able to provide refund anticipation loans, or as the company refers to them, "rapid refunds," up to 80 percent of the anticipated refund.

The two announcements last month sent H&R Block shares tumbling and Jackson Hewitt stock soaring as investors assumed a lot of H&R Block business would migrate to Jackson Hewitt.

Refund anticipation loans have become more popular in recent years with consumers who live paycheck to paycheck. The product is actually a short-term loan backed by the expected refund from the IRS. In most cases, the tax preparation fees are also deducted from the amount of the loan.

The Center for Responsible Lending strongly advises against taking out a refund anticipation loan, noting the high interest rates, ranging from about 50 percent to over 500 percent APR. They also only speed up the refund process by as little as one week, compared to what consumers can expect by filing online and having their refunds deposited directly into their banking accounts, the group says.

According to a study by the National Consumer Law Center and the Consumer Federation of America, refund anticipation loans drained the refunds of about 8.4 million taxpayers in 2008, costing them around $738 million in loan fees, plus over $68 million in other related fees.

Lenders souring on these loans

While this kind of loan has long been viewed as bad for consumers but good for tax preparers and lenders, it has fallen out of favor with the latter group. Lenders are displeased with an Internal Revenue Service (IRS) rule change that eliminated a code that told tax preparers whether the taxpayers owed back taxes.

Without that piece of information, tax preparers and lenders providing the refund anticipation loan don't know for sure whether the taxpayers will receive the full refund, or whether part of it will be used to cover the back taxes. That adds an element of risk to a deal that, up until now, had been practically risk-free.

To compensate for this new risk, Hewitt and rival firms still providing refund anticipation loans, will withhold a portion of the loan amount for more than two weeks. That means the taxpayer taking out the refund anticipation loan will not have immediate access to their full refund.

Liberty Tax Service is still offering refund anticipation loans for the current tax season. It says that, after IRS acceptance, a refund anticipation loan is available in as little as one business day. To qualify, the company says the taxpayer must meet "several requirements."

For taxpayers in a hurry, the best, most economical alternative to a refund anticipation loan is e-file from the IRS.  With IRS e-file, taxpayers get refunds in half the time it takes to file a paper tax return and receive a refund check. E-filers who choose direct deposit can receive their refund in as few as 10 days, according to the IRS.

In addition to the error checks built into return preparation software, additional checks are done during the transmission of software enabled e-file returns. These checks reduce the chance a taxpayer will receive an error letter from the IRS.

Read more about income tax

The Refund Anticipation Loan, detested by consumer advocates, may be harder to find this year....

Taxpayers To See More Generous Deductions In 2011

At the end of the year Congress extended tax cuts for all taxpayers for another two years, but it turns out that's not the only tax benefit you'll enjoy in the new year.

The Internal Revenue Service (IRS) has announced that, in 2011 personal exemptions and standard deductions will rise and tax brackets will widen due to inflation.

These inflation adjustments relate to eight tax provisions that were either modified or extended by the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 that became law on Dec. 17.

New dollar amounts affecting 2011 returns, filed by most taxpayers in early 2012, include the following:

The value of each personal and dependent exemption, available to most taxpayers, is $3,700, up $50 from 2010.

  • The new standard deduction is $11,600 for married couples filing a joint return, up $200, $5,800 for singles and married individuals filing separately, up $100, and $8,500 for heads of household, also up $100. The additional standard deduction for blind people and senior citizens is $1,150 for married individuals, up $50, and $1,450 for singles and heads of household, also up $50. Nearly two out of three taxpayers take the standard deduction, rather than itemizing deductions, such as mortgage interest, charitable contributions and state and local taxes.
  • Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, for example, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $69,000, up from $68,000 in 2010.
  • The maximum earned income tax credit (EITC) for low- and moderate- income workers and working families rises to $5,751, up from $5,666 in 2010. The maximum income limit for the EITC rises to $49,078, up from $48,362 in 2010.The credit varies by family size, filing status and other factors, with the maximum credit going to joint filers with three or more qualifying children.
  • The modified adjusted gross income threshold at which the lifetime learning credit begins to phase out is $102,000 for joint filers, up from $100,000, and $51,000 for singles and heads of household, up from $50,000.

Several tax benefits are unchanged in 2011. For example, the monthly limit on the value of qualified transportation benefits (parking, transit passes, etc.) provided by an employer to its employees, remains at $230. Details on these inflation adjustments can be found in Revenue Procedure 2011-12.

By law, the dollar amounts for a variety of tax provisions, affecting virtually every taxpayer, must be revised each year to keep pace with inflation. Most of the new dollar amounts, including retirement-plan-related adjustments, were announced in October. To avoid confusion, the eight new provisions were not included in the October announcements, due to the anticipated impact of extender legislation.

Read more about income tax

The Internal Revenue Service has increased some tax deductions next year to offset inflation....

What the Bill Extending the Bush Tax Cuts Means To You

The television pundits are still arguing over whether it was a tax cut bill or an extension of current taxes bill. Well, it turns out they're both right.

The 1,900 page bill that finally made its way through congress extended the Bush tax cuts but also cut taxes by lowering the payroll tax for all workers by two percentage points.

Is it a win-win? That depends on with whom you speak. While it extends the cuts for everyone including the super-rich, it also leaves has its share of losers.

Winners and losers

The biggest winners appear to be individual taxpayers who would have seen their taxes rise if the measure hadn't passed. On the other hand, some bond investors could take a hit if the bill triggers a sell-off in U.S. Treasuries.

The reason that might happen is that earlier this month, Moody's Investment Service said the tax cut extension bill increases the possibility it would put out a negative outlook on the government's AAA credit rating because the bill increases the nation's debt by more than $800 billion.

There also are some things that got dropped in the compromise legislation. A provision that would have taxed earnings of hedge and private equity fund executives as income rather than capital gains was left out. But so was language that would have helped small business owners by removing a requirement that they issue 1099 forms to any vendor that receives at least $600 a year.

Individual benefits

As for individual income and payroll taxes, the bill extends the Bush-era tax rates that were enacted earlier in the decade. This basically prevents taxes from rising to pre-2001 levels for all taxpayers through 2012. Also, approximately 15 million lower-income workers who would have had their income taxed now get to remain off the tax rolls.

Another big win is the reduction in Social Security (FICA) taxes. The bill trims two percentage points from the employee's portion of the 6.2 percent tax. How much you'll save depends on your income, but it could be as much as $2,136 for those earning more than $106,800, which is the maximum amount subject to Social Security tax.

The bill also contains a two-year patch for what's known as the alternative minimum tax or AMT, retroactive to January 2010. The AMT was set up to ensure that people with high incomes pay taxes. But it isn't indexed for inflation and it has come to include middle-class taxpayers. The patch spares an additional 21 million taxpayers this year.

Investors

For investors, the bill extends for two years the current tax rates on long-term capital gains and dividends. The top rate for both will remain at its historic low of 15 percent. The rate will remain zero for couples with taxable income below $69,000.

According to the Tax Policy Center, more than half of the benefit of this extension will go to people with incomes above $100,000. Absent the extension, the top rate on long-term gains would have risen to 20 percent, while the top dividend rate could have risen to as high as 39.6 percent.

Among the benefits extended through 2011 are deductions for teacher expenses and for state sales taxes in lieu of state income taxes. Lawmakers also extended through 2011 the provision allowing taxpayers over age 70 1/2 to make tax-free donations of IRA assets to qualified charities.

Several education benefits were also extended through 2012. Not renewed, however, was a property-tax deduction for people who didn't itemize their deductions.

Estate taxes

The top estate-tax rate falls to 35 percent and the exemption rises to $5 million an individual. The bill also allows executors of 2010 estates to elect whether to use 2010 rules or 2011 rules. The choice will help heirs who would pay more as a result of the lapse of the estate tax in 2010 and a corresponding rise in capital-gains taxes.

The new provisions will cut by at least a third the number of estates subject to the tax, which was paid by about 5,500 estates in 2009, according to Tax Policy Center estimates.

Also for the first time, estate, gift and generation-skipping taxes will be "unified" so that one $5 million exemption per individual applies to all three. This will make it much easier for wealthy taxpayers to make gifts during life to grandchildren.

Other benefits

Here are some other benefits of the tax bill:

  • You could make tax-free distributions of up to $100,000 of IRA assets to charities per year. The bill allows donations made in January, 2011, to be treated as if made in 2010. By giving their IRA assets to charity, taxpayers don't have to claim the distributions as income, so they avoid being disqualified for other tax breaks and deductions.
  • Through 2011, teachers will still be able to file for up to $250 in deductions for classroom expenses related to books, supplies, computer equipment and other materials. This is an above-the-line deduction, which lowers adjusted gross income. For teachers, the deduction takes a small bite out of the reported average of $356 teachers spend out-of-pocket on average for school supplies and other resources, according to the National School Supply & Equipment Association, a trade association for educational product companies. The extension would apply to elementary and secondary school teachers, and doesn't include non-athletic supplies used in health and physical education courses.
  • Taxpayers who itemize deductions will be able to deduct state and local sales taxes through 2011. This helps residents of states that don't have an income tax because they can use it in place of the itemized deduction currently allowed for state and local income taxes.
  • Several education credits and breaks would be extended. Families of college students would be able to claim a deduction of up to $4,000 for qualified education expenses through 2011. The American Opportunity Tax Credit would be extended through 2012, and allows taxpayers to claim a credit of up to $2,500. Taxpayers can only use one and both have specific income requirements.
  • The annual contribution amount for Coverdell Education Savings Accounts, tax-exempt savings accounts, would also stay at $2,000 through 2012 and money from the accounts could still be used for elementary and secondary school expenses; without the extension the contribution limit would fall to $500 and money could only be used for post-secondary expenses.
  • Also extended is the higher phase out levels for the up to $2,500 above the line student loan interest deduction. They'll remain $55,000 to $70,000 or $110,000 to $140,000 for joint filers.

As for what didn't make the cut, the bill does not extend a real-estate tax break that increased the standard deduction for homeowners by up to $500 or $1,000 for married couples filing jointly, based on their real estate taxes.

The compromise bill extending the Bush Tax cuts has been finally passed, but what it means for you depends on a number of factors...

What Tax Considerations Investors Need to Make Before the End of This Year

It may be five and a half months until your 2010 tax return is due, but there are a few things to consider now or at least before the end of the year that could impact your taxes going forward.

For example, the Bush tax cuts are scheduled to expire in the next two months if they're not extended and that means everyone will see a tax increase next year. Now, the Obama administration has been considering extending the Bush tax cuts permanently for those who earn less than $250,000. But the Republicans want them extended for everyone.

So where does that leave us? Basically, if the tax cuts do not get extended, you may want to consider how that change will affect several common investing situations.

If you're thinking about selling a stock, a business, or even a piece of investment real estate, the current long-term capital gains rate is 15 percent for investments held over twelve months. If the tax cuts expire, that rate goes to 20 percent. That means if you are lucky enough to have an investment with a $100,000 gain, your tax would go from $15,000 to $20,000.

If you're considering converting a traditional IRA or retirement account to a Roth IRA, the tax implications of this decision could be significant. Remember, all tax brackets are scheduled to increase to a higher tax liability. Many people have considered the Roth conversion principally because when converting in 2010, the investor can spread the tax liability over 2011 and 2012. However, if the Bush tax cuts are not extended, tax rates in those two years will be higher and paying the tax in 2010 would be more beneficial.

Finally, just being in a higher tax environment has an impact. This holds true for those exercising stock options or cashing in restricted stock. It is also important to consider when deciding to take money out of a qualified retirement plan as a distribution versus taking income from non-qualified taxable assets. The implications also extend to when and how to take deferred compensation income, as this can trigger a high income tax.

The point is, you only have two months to decide whether to take action based on the assumption that taxes will be higher on January 1.

There are some tax considerations that may need to be handled before January 1, 2011 or face the possibility of higher taxes next year ...

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California Sues 'Tax Lady Roni Deutch' for 'Heartless Scheme'


California Attorney General Edmund G. Brown Jr. today filed a $34 million lawsuit against television's "Tax Lady Roni Deutch" for orchestrating a "heartless scheme" that swindled thousands of people facing serious and expensive tax collection problems with the IRS.

"Tax Lady Roni Deutch is engaged in a heartless scheme that swindled people with tax problems," Brown said. "She promises to significantly reduce their IRS tax debts, but instead preys on their vulnerability, taking large up-front payments but providing little or no help in lowering their tax bills."

Deutch manufactures credibility by boasting that her tax resolution law firm, which has annual revenues of at least $25 million, is the largest of its kind in the nation. She spends $3 million a year on advertising, much of it on late-night cable TV, and frequently offers tax advice on NBC's Today Show, CNN, and CNBC.

Desperate debtors turn to Deutch based on her misleading ads that feature fictional testimonials claiming she secured large reductions in the featured clients' federal tax debts, Brown said.

For example, her ad entitled "It's Your Turn" features three clients whom Deutch claims to have "saved" from having to pay thousands of dollars to the IRS. In fact, those clients still owe the IRS the full amount of their taxes, plus interest and penalties.

When potential clients call Deutch's boiler room, sales agents employ high-pressure sales tactics plus a series of misrepresentations and false promises to persuade them to retain her firm. The sales agents claim Deutch's success rate in dealing with the IRS is as high as 99 percent. But the percentage of clients whose tax bills Deutch actually reduces is a mere 10 percent.

More debt, not less

Rather than cut clients' debts, Deutch often escalates them. She places clients in an endless loop of requests for duplicate documents that increases her fees and, due to further delays in payments to the IRS, increases clients' IRS fines and penalties.

One woman from Pico Rivera, who owed the IRS $13,000, turned to Deutch after seeing a TV ad. She paid Deutch a $1,900 retainer, but by the time the Deutch firm ended its representation, she owed the IRS hundreds of dollars more in interest and penalties, and the IRS had placed a levy against her Social Security benefits. Despite failing to take any effective action on her behalf, Deutch refused to refund the woman's retainer by falsely billing her for time the firm did not spend on her case. Deutch regularly uses false billing statements to deny her clients' refund requests.

Hundreds of clients have filed complaints with the Attorney General and other government agencies, describing Deutch's failure to reduce their IRS debts as she advertised and her refusal to refund retainers of as much as $4,700.

Brown's lawsuit says thousands of consumers in California and around the country have fallen victim to Deutch's unlawful scam, losing millions of dollars that could have been used to pay their IRS tax liabilities. The lawsuit charges that Deutch operates a deceptive tax resolution scheme that employs "a bevy of false promises and misrepresentations."

Brown's action seeks to permanently prevent Deutch from engaging in such unfair business practices and false advertising, and force her to pay victims restitution of at least $33.9 million plus civil penalties.

California Sues 'Tax Lady Roni Deutch' for 'Heartless Scheme'...

IRS Removes 'Debt Indicator' for 2011 Tax Filing Season

Starting with next year's tax filing season, the Internal Revenue Service (IRS) will no longer provide tax preparers and associated financial institutions with the "debt indicator," which is used to facilitate refund anticipation loans (RALs).

The "debt indicator" acts as a form of credit check, telling tax preparers whether a taxpayer's refund will be paid or will be intercepted for government debts.

"As we prepare for tax season every year, we look at past practices and consider whether they still make sense. We no longer see a need for the debt indicator in a world where we can process a tax return and deliver a refund in 10 days," IRS Commissioner Doug Shulman said. "We encourage taxpayers to use e-file with direct deposit so they can get their refunds in just a few days."

So far this year, more than 95 million tax returns have been e-filed, representing more than 70 percent of tax returns.

"Refund Anticipation Loans are often targeted at lower-income taxpayers," Shulman said. "With e-file and direct deposit, these taxpayers now have other ways to quickly access their cash."

"We are pleased that IRS has decided to stop aiding and abetting high cost RALs that siphon off hundreds of millions in taxpayers' hard-earned money and federal benefits meant to lift the working poor out of poverty," said Chi Wu, National Consumer Law Center (NCLC) staff attorney.

The IRS has been reviewing refund settlement products, such as RALs and Refund Anticipation Checks (RACs), as part of the Return Preparer Review released in January. Specifically, the IRS announced that it would study refund settlement products.

Secured loans

RALs are loans secured by a taxpayer's anticipated tax refund. Currently, tax preparers who electronically submit a client's tax return receive in the acknowledgment file an indication of whether an individual taxpayer will have any portion of the refund offset for delinquent tax or other debts, such as unpaid child support or delinquent federally funded student loans. This acknowledgment is known as the debt indicator, and is used as an underwriting tool for RALs.

"The federal government should not be sharing taxpayers' personal information for the profit of banks and tax preparers by operating what is essentially a free credit reporting service for them," said Jean Ann Fox, director of financial services for Consumer Federation of America (CFA). "We are glad the IRS finally stopped letting tax preparers and banks pry into taxpayers' records about what they owe the government."

The IRS announcement would remove the debt indicator starting with the upcoming 2011 tax-filing season. The agency that taxpayers will continue to have access to information about their tax refunds and any offsets through the "Where's My Refund?" service.

RACs are temporary bank accounts established on behalf of a taxpayer into which a direct deposit refund can be received and out of which a bank typically issues a payment to the taxpayer.

With both RALs and RACs, tax preparation and product fees are subtracted directly from the refund, and the taxpayer does not make any "out-of-pocket" payments. They are frequently marketed to taxpayers who do not have cash to pay for professional tax preparation services.

The NCLC and CFA have been urging the IRS to end the debt indicator since 2005, when they published a report entitled "Corporate Welfare for the RAL Industry: The Debt Indicator, IRS Subsidy, And Tax Fraud."

Their most recent criticism of the debt indicator was during the IRS Commissioner's Return Preparer Review Forum in August 2009, in which they again urged the IRS to discontinue the program.

In a related effort, the IRS plans to explore the possibility of providing a new tool for the 2012 tax filing season to give taxpayers a mechanism to use an appropriate portion of their tax refund to pay for the services of a professional tax return preparer.

The IRS plans to engage with taxpayers, consumer advocates and the tax return preparer community to consider whether providing this option would be a cost-effective way for consumers to pay for tax return preparation services.

IRS Removes 'Debt Indicator' for 2011 Tax Filing Season...

Tax Scammers Pose as IRS

April 14, 2010

As taxpayers file their returns and await their refunds, Ohio Attorney General Richard Cordray is warning that scammers are using IRS phishing ploys to try to steal personal information.

"This tax season, scammers are pretending to be the IRS to make their ploys seem legitimate," Attorney General Cordray said. "They're using the IRS logo to send phony e-mails with phony tax information. The real IRS won't send e-mails to discuss this information."

In one case, a Washington County consumer reported receiving an e-mail message on IRS letterhead saying the agency would send her tax refund to her credit card company. (Suspiciously, her husband, who filed jointly, did not receive this message.) To receive her refund, the e-mail said the consumer had to click on a link that said "Complete Formular."

Another consumer received an official-looking e-mail that indicated she was eligible for an additional IRS refund.

Cordray reminded consumers that the IRS does not discuss tax account information with taxpayers via e-mail and that they should watch for red flags, including:

• Requests for your personal or financial information, such as your Social Security number or credit card number.

• Poor grammar or illogical statements.

• Links that direct you to a third party Web site (do not click on these links but rather move your mouse over the link to see the address).

• Threats that you won't receive your tax refund if you don't respond.

If you receive a suspicious e-mail that claims to come from the IRS, forward it to the agency at Phishing@IRS.gov. Remember not to click on any links in the message.

Impersonating the IRS is only one of many scams that surface every year as the taxman puts the arm on American workers.

Tax Scammers Pose as IRS...

California's Brown Warns of Phony Tax-Relief Companies


As tax day approaches, California Attorney General Edmund G. Brown Jr. urged taxpayers to avoid "phony tax-relief companies" that charge taxpayers up to $3,000 in upfront fees to reduce or eliminate back taxes owed to the Internal Revenue Service (IRS), but provide no actual relief.

"Every tax season, phony tax-relief companies emerge to exploit cash-strapped Californians who owe back taxes to the IRS," Brown said. "Taxpayers should be on high alert, avoid paying upfront fees to these companies and never ignore notices from the IRS."

Throughout the tax season, tax-relief companies advertise on the radio, television and internet promising help for taxpayers in distress. For an upfront fee ranging from $2,000 to $3,000, these companies claim to reduce or even eliminate tax debts to the IRS and stop back-tax collection.

However, soon after collecting upfront fees, these companies typically inform taxpayers that they do not qualify for a relief program or that the IRS has rejected their attempt to reduce or eliminate the back-tax debt. Often these companies never even contact the IRS directly. Rather than reduce or eliminate the amount owed in back taxes to the IRS, these companies increase taxpayers' debt burden.

Brown offered the following tips to taxpayers who owe back taxes and are having trouble paying:

• Don't ignore notices from the IRS. Call and ask about collection alternatives, as you may be eligible for a monthly payment plan. In some cases, it is possible to pay less than the total amount you owe.

• Don't trust promises from companies that imply that you are "qualified" or "eligible" for an IRS program to resolve your back-tax debt. Only the IRS can make that determination.

• Don't pay upfront or advance fees for tax-debt relief services.

Taxpayers with problems paying back taxes can also contact the Taxpayer Advocate Service, an independent organization within the IRS dedicated to providing free assistance to individuals who are experiencing financial difficulties, need help resolving IRS problems, or believe the IRS is not working as it should.

Taxpayers can call the Taxpayer Advocate Service at 1-877-777-4778.

or contact a local office directly in the following cities:

Taxpayers can also seek help from local Low Income Taxpayer Clinics, which represent low income taxpayers before the IRS; assist taxpayers in audits, appeals and collection disputes; and can help taxpayers respond to IRS notices and correct account problems. To learn more about these local services and the Taxpayer Advocate Service, visit: www.irs.gov/advocate.

Early refunds

Last month, Brown issued an alert to taxpayers seeking tax-refund anticipation loans, commonly marketed as early tax refunds, warning them about deceptive advertisements, numerous fees and triple-digit interest rates. This alert followed two successful lawsuits against tax preparers who deceptively marketed refund anticipation loans:

• In June 2009, Brown won a $1.3 million lawsuit against Liberty Tax Service that bars the company from using false or misleading advertising to sell tax refund loans.

• In January 2009, Brown won a $4.85 million settlement with H&R Block, which prohibits the company from marketing refund anticipation loans as early tax refunds.

California's Brown Warns of Phony Tax-Relief Companies...

IRS Warns About 'Dirty Dozen' Tax Scams


With the 2010 tax season in the home stretch to April 15, the Internal Revenue Service is once again cautioning taxpayers about assorted tax scams that have cropped up in recent years.

The agency this issued what it calls its "dirty dozen" list of tax scams, including schemes involving return preparer fraud, hiding income offshore and phishing.

"Taxpayers should be wary of anyone peddling scams that seem too good to be true," IRS Commissioner Doug Shulman said.

Tax schemes are illegal and can lead to imprisonment and fines for both scam artists and taxpayers, the IRS warns. Taxpayers pulled into these schemes must repay unpaid taxes plus interest and penalties. The IRS pursues and shuts down promoters of these and numerous other scams.

Among the IRS "dirty dozen:"

Return preparer fraud

Dishonest return preparers can cause trouble for taxpayers who fall victim to their ploys. Such preparers derive financial gain by skimming a portion of their clients' refunds, charging inflated fees for return preparation services and attracting new clients by promising refunds that are too good to be true. Taxpayers should choose carefully when hiring a tax preparer. Federal courts have issued injunctions ordering hundreds of individuals to cease preparing returns and promoting fraud, and the Department of Justice has filed complaints against dozens of others, which are pending in court.

To increase confidence in the tax system and improve compliance with the tax law, the IRS is implementing a number of steps for future filing seasons. These include a requirement that all paid tax return preparers register with the IRS and obtain a preparer tax identification number (PTIN), as well as both competency tests and ongoing continuing professional education for all paid tax return preparers except attorneys, certified public accountants (CPAs) and enrolled agents.

Setting higher standards for the tax preparer community will significantly enhance protections and services for taxpayers, increase confidence in the tax system and result in greater compliance with tax laws over the long term. Other measures the IRS anticipates taking are highlighted in the IRS Return Preparer Review issued in December 2009.

Hiding income offshore

The IRS aggressively pursues taxpayers involved in abusive offshore transactions as well as the promoters, professionals and others who facilitate or enable these schemes. Taxpayers have tried to avoid or evade U.S. income tax by hiding income in offshore banks, brokerage accounts or through the use of nominee entities. Taxpayers also evade taxes by using offshore debit cards, credit cards, wire transfers, foreign trusts, employee-leasing schemes, private annuities or insurance plans.

IRS agents continue to develop their investigations of these offshore tax avoidance transactions using information gained from over 14,700 voluntary disclosures received last year. While special civil-penalty provisions for those with undisclosed offshore accounts expired in 2009, the IRS continues to urge taxpayers with offshore accounts or entities to voluntarily come forward and resolve their tax matters. By making a voluntary disclosure, taxpayers may mitigate their risk of criminal prosecution.

Phishing

Phishing is a tactic used by scam artists to trick unsuspecting victims into revealing personal or financial information online. IRS impersonation schemes flourish during the filing season and can take the form of e-mails, tweets or phony Web sites. Scammers may also use phones and faxes to reach their victims. Scam artists will try to mislead consumers by telling them they are entitled to a tax refund from the IRS and that they must reveal personal information to claim it. Criminals use the information they get to steal the victim's identity, access bank accounts, run up credit card charges or apply for loans in the victim's name.

Taxpayers who receive suspicious e-mails claiming to come from the IRS should not open any attachments or click on any of the links in the e-mail. Suspicious e-mails claiming to be from the IRS or Web addresses that do not begin with http://www.irs.gov should be forwarded to the IRS mailbox: phishing@irs.gov.

Filing false or misleading forms

The IRS is seeing various instances where scam artists file false or misleading returns to claim refunds that they are not entitled to. Under the scheme, taxpayers fabricate an information return and falsely claim the corresponding amount as withholding as a way to seek a tax refund. Phony information returns, such as a Form 1099 Original Issue Discount (OID), claiming false withholding credits usually are used to legitimize erroneous refund claims.

One version of the scheme is based on a false theory that the federal government maintains secret accounts for its citizens, and that taxpayers can gain access to funds in those accounts by issuing 1099-OID forms to their creditors, including the IRS.

Nontaxable Social Security benefits with exaggerated withholding credit

The IRS has identified returns where taxpayers report nontaxable Social Security Benefits with excessive withholding. This tactic results in no income reported to the IRS on the tax return. Often both the withholding amount and the reported income are incorrect. Taxpayers should avoid making these mistakes. Filings of this type of return may result in a $5,000 penalty.

Abuse of charitable organizations and deductions

The IRS continues to observe the misuse of tax-exempt organizations. Abuse includes arrangements to improperly shield income or assets from taxation and attempts by donors to maintain control over donated assets or income from donated property.

The IRS also continues to investigate various schemes involving the donation of non-cash assets including situations where several organizations claim the full value for both the receipt and distribution of the same non-cash contribution. Often these donations are highly overvalued or the organization receiving the donation promises that the donor can repurchase the items later at a price set by the donor. The Pension Protection Act of 2006 imposed increased penalties for inaccurate appraisals and set new definitions of qualified appraisals and qualified appraisers for taxpayers claiming charitable contributions.

Frivolous arguments

Promoters of frivolous schemes encourage people to make unreasonable and outlandish claims to avoid paying the taxes they owe. If a scheme seems too good to be true, it probably is. The IRS has a list of frivolous legal positions that taxpayers should avoid. These arguments are false and have been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law or IRS guidance.

Abusive retirement plans

The IRS continues to find abuses in retirement plan arrangements, including Roth Individual Retirement Arrangements (IRAs). The IRS is looking for transactions that taxpayers use to avoid the limits on contributions to IRAs, as well as transactions that are not properly reported as early distributions. Taxpayers should be wary of advisers who encourage them to shift appreciated assets at less than fair market value into IRAs or companies owned by their IRAs to circumvent annual contribution limits. Other variations have included the use of limited liability companies to engage in activity that is considered prohibited.

Disguised corporate ownership

Corporations and other entities are formed and operated in certain states for the purpose of disguising the ownership of the business or financial activity by means such as improperly using a third party to request an employer identification number.

Such entities can be used to facilitate underreporting of income, fictitious deductions, non-filing of tax returns, participating in listed transactions, money laundering, financial crimes and even terrorist financing. The IRS is working with state authorities to identify these entities and to bring the owners of these entities into compliance with the law.

Zero wages

Filing a phony wage or income-related information return to replace a legitimate information return has been used as an illegal method to lower the amount of taxes owed. Typically, a Form 4852 (Substitute Form W-2) or a "corrected" Form 1099 is used as a way to improperly reduce taxable income to zero. The taxpayer also may submit a statement rebutting wages and taxes reported by a payer to the IRS.

Sometimes fraudsters even include an explanation on their Form 4852 that cites statutory language on the definition of wages or may include some reference to a paying company that refuses to issue a corrected Form W-2 for fear of IRS retaliation. Taxpayers should resist any temptation to participate in any of the variations of this scheme. Filings of this type of return may result in a $5,000 penalty.

Misuse of trusts

For years, unscrupulous promoters have urged taxpayers to transfer assets into trusts. While there are many legitimate, valid uses of trusts in tax and estate planning, some promoted transactions promise reduction of income subject to tax, deductions for personal expenses and reduced estate or gift taxes. Such trusts rarely deliver the tax benefits promised and are used primarily as a means to avoid income tax liability and to hide assets from creditors, including the IRS.

The IRS has recently seen an increase in the improper use of private annuity trusts and foreign trusts to shift income and deduct personal expenses. As with other arrangements, taxpayers should seek the advice of a trusted professional before entering into a trust arrangement.

Fuel Tax Credit scams

The IRS receives claims for the fuel tax credit that are excessive. Some taxpayers, such as farmers who use fuel for off-highway business purposes, may be eligible for the fuel tax credit. But other individuals are claiming the tax credit for nontaxable uses of fuel when their occupation or income level makes the claim unreasonable. Fraud involving the fuel tax credit is considered a frivolous tax claim and potentially subjects those who improperly claim the credit to a $5,000 penalty.

IRS Warns About 'Dirty Dozen' Tax Scams...

Some Seniors Aren't Required To File Federal Tax Return


While it is true that everyone has to pay taxes, there are exceptions, especially for people age 65 and older. If your gross income was below the Internal Revenue Service tax threshold last year, you don't have to file a return this year.

More people fall into this category than you might think. According to the Tax Policy Center, more than half of the 65-plus age group isn't required to file.

Naturally, you should check carefully to make sure you're exempt before not filing a return, as the income threshold is subject to change from one year to the next. Also, your filing status, and other variables, can make a difference.

The income threshold is based on "gross income," meaning all the income you received during the year, unless it is specifically exempt from tax. You don't have to file a tax return this year if:

• You are single and your 2009 gross income was less than $9,350 ($10,750 if you're 65 or older).

• You are married filing jointly and your gross income was under $18,700. If you or your spouse is 65 or older, the limit increases to $19,800. And if you're both over 65, your income must be under $20,900 to not file.

• You are head of household and your gross income was below $12,000 ($13,400 if age 65 or older).

• You are married filing separately and your income was less than $3,650.

• You are a qualifying widow(er) with a dependent child and your gross income was less than $15,500 ($16,150 if age 65 or older).

Of course, there could be a very good reason to file a return, even if you aren't required to. If you had tax withheld from your income, you most likely are entitled to all of it back in a refund. However, you won't get a refund unless you file a return.

And keep in mind that your state may require you to file a return, even if the IRS doesn't. So don't discard your tax records.

Elderly Tax Credit

Depending on your income level, you may be eligible for a federal tax credit for the elderly, which can add up to as much as $750 for a single taxpayer and up to $1,125 for a couple.

To qualify, you must be 65 or older and a U.S. citizen. For a single filer, your adjusted gross income must be less than $17,500 and the nontaxable part of your Social Security or other nontaxable pensions, annuities or disability income must be less than $5,000.

If you are under age 65 at the end of 2009, you can qualify for the credit only if you are retired on permanent and total disability and have taxable disability, according to the IRS.

If you are married and are filing jointly, and both spouses qualify, your income will need to be less than $25,000, and your nontaxable Social Security or other nontaxable pensions must be under $7,500.

If your income falls below the filing threshold but you had taxes withheld last year, you may be able to stop the withholding. According to the IRS, If you have taxes withheld for wage or pension Income and have less than $300 of unearned income (e.g. interest, dividends, unemployment compensation), you can stop your withholding by filling out a new Form W-4, Withholding Certificate or a Form W-4P, Withholding Certificate for Pension or Annuity Payments. You may obtain the form you need from a tax preparer, or they can be downloaded from the IRS Website.

If you have any question at all whether you fall into the category of non-filers, consult a family member or tax professional.



Some Seniors Aren't Required To File Federal Tax Return...

It's Tax Season and TaxScamSeason

By Lisa Wade McCormick
ConsumerAffairs.com

February 20, 2010

Texas authorities are warning consumers to be wary of potential tax return scams.

But their advice doesn't apply just to consumers in the Lone Star State. It can also help keep taxpayers across the nation from being duped by unscrupulous tax preparers who may charge excessive fees or fail to file consumers' taxes on time.

According to the Internal Revenue Service (IRS), an estimated 1.2 million people earn fees for preparing Americans' tax returns.

But Texas authorities and others nationwide often receive complaints about tax preparers who don't file consumers' taxes on time, charge exorbitant fees, make errors on consumers' tax returns, disappear after returns are filed, or fail to return consumers' personal financial documents.

Authorities say consumers can protect themselves from crooked tax preparers by:

• Reviewing the tax preparer's credentials;

• Checking to see if there are any complaints about the tax preparer with the state's attorney general's office, district attorney's office, or other consumer protection groups. Consumers who hire certified public accountants can also check with their state's licensing board to see if there are complaints on file;

• Ensuring the business is open year-round in case you need to ask follow-up questions about your tax return;

• Demanding the tax preparer list all fees in writing;

• Making arrangements with the tax preparer to return your personal financial documents; and

• Confirming the basis for all tax deductions the tax preparer claims on your return.

"Taxpayers are ultimately subject to accuracy and fraud penalties, plus accrued interest, for any income tax underpayment caused by filing incorrect tax returns," warned Texas Attorney General Greg Abbott.

The IRS also advises taxpayers not to respond to any e-mails that appear to be from the agency. These fraudulent e-mails, which often increase during tax season, often direct consumers to links that request their Social Security, bank account, and credit card numbers.

The IRS emphasizes that it does use e-mail to solicit sensitive financial and personal information from taxpayers or discuss account information. The agency also said it does not request financial account security information, like PIN numbers, from taxpayers.

The IRS points out that phony e-mails that impersonate the agency often threaten consumers with additional taxes if they fail to respond, get the names of the Internal Revenue Service or other federal agencies wrong, have incorrect grammar or odd phrasing, or use long addresses in the links.

The actual address, or URL, for the Internal Revenue Service is www.irs.gov, which taxpayers are advised to consult to learn more about IRS-impersonation scams, identity theft, and suspicious e-mail.

Consumers who received suspicious e-mails that appear to be from the IRS should forward them to at phishing@irs.gov the IRS mailbox and then delete the messages from their inboxes.

It's Tax Season and Tax Scam Season...

Time Running Out On First-Time Homebuyers' Credit

First-time home buyers still have time to cash in on the government's $8,000 tax credit, but they'd better hurry. Only home purchase transactions that close before November 30, 2009 are eligible.

The tax credit is contained in the American Recovery and Reinvestment Act, passed to stimulate home purchases. The Internal Revenue Service says more than 1.4 million taxpayers so far have taken advantage of the credit.

If you currently own a home, or have owned a home within the last three years, you won't qualify. But for others, the program makes purchasing a house that much more affordable.

The credit of up to $8,000 is generally available to homebuyers with qualifying income and who meet the above requirements.

While the IRS has encouraged all eligible homebuyers to take advantage of the first-time homebuyer credit, the agency acknowledges misinformation about the program can lead to fraud. It has cautioned taxpayers to avoid schemes that help ineligible people file false claims for the credit. Currently, the agency said it is investigating a number of cases of potential fraud and is using computer screening tools to identify questionable claims for the credit.

Since a home closing can sometimes take 60 days, home buyers have little time to lose. Closings are often completed in less time, but the IRS says buyers who are counting on the credit should plan for the worst.

The credit cannot be claimed until after the purchase is completed. For purchases made this year before Dec. 1, taxpayers have the option of claiming the credit on their 2008 returns or waiting until next year and claiming it on their 2009 returns.

The credit is 10 percent of the purchase price of the home, with a maximum available credit of $8,000 for either a single taxpayer or a married couple filing jointly. The limit is $4,000 for a married person filing a separate return. In most cases, the full credit will be available for homes costing $80,000 or more.

The credit reduces the taxpayer's tax bill or increases his or her refund, dollar for dollar. Unlike most tax credits, the first-time home buyer credit is fully refundable. This means that the credit will be paid to eligible taxpayers, even if they owe no tax or the credit is more than the tax owed.

There's one other consideration. If you take the $8,000 tax credit and sell or rent the home within three years, you will be required to repay the $8,000 to the IRS. So make sure you're going to live in the home for a while before signing on the dotted line.



Time Running Out On First-Time Homebuyers' Credit...

IRS Alerts Public To New Identity Theft Scams

By James Limbach
ConsumerAffairs.com

August 19, 2009
With identity theft continuing to be near the top of consumer complaint lists, the Internal Revenue Service reminds consumers to avoid such scam that use the IRS name, logo or Web site in an attempt to convince taxpayers that the scam is a genuine IRS communication.

In an identity theft scam, a fraudster, often posing as a trusted government, financial or business institution or official, tries to trick a victim into revealing personal and financial information, such as credit card numbers and passwords, bank account numbers and passwords, Social Security numbers and more.

These thieves generally use someone's personal data to steal his or her financial accounts, run up charges on the victim's existing credit cards, apply for new loans, credit cards, services or benefits in the victim's name and even file fraudulent tax returns.

The scams may take place through e-mail, fax or phone. When they take place via e-mail, they are called "phishing" scams.

The IRS urges consumers to avoid falling for the following recent schemes:

Making work pay refund

This phishing e-mail, which claims to come from the IRS, references the president and the Making Work Pay provision of the 2009 economic recovery law. It says that there is a refundable credit available to workers, consumers and retirees that can be paid into the recipient's bank account if the recipient registers their account information with the IRS. The e-mail contains links to register the account and to claim the tax refund.

In reality, most taxpayers receive their Making Work Pay tax credit, which was designed for wage earners, in their paychecks as a result of decreased tax withholding, not as a lump sum distribution from a federal fund. Additionally, consumers and retirees who are not wage earners are not eligible for this tax credit.

Inherited funds / lottery winnings / cash consignment

In this phishing scheme, recipients receive an e-mail claiming to come from the U.S. Department of the Treasury notifying them that they will receive millions of dollars in recovered funds or lottery winnings or cash consignment if they provide certain personal information, including phone numbers, via return e-mail.

The e-mail may be just the first step in a multi-step scheme, in which the victim is later contacted by telephone or further e-mail and instructed to deposit taxes on the funds or winnings before they can receive any of it. Alternatively, they may be sent a phony check of the funds or winnings and told to deposit it but pay ten percent in taxes or fees. Thinking that the check must have cleared the bank and is genuine, some people comply. However, the scammers, not the Treasury Department, will get the taxes or fees.

Form W-8BEN

In this scam, fraudsters modify a genuine IRS form, the W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, to request detailed personal and financial information. This could include nationality, passport number, bank account and PIN numbers, spouse's name and mother's maiden name, or other personal or financial information or security measures for financial accounts. The scammers may use the genuine form number and name or may make up a new form number, such as W-4100B2.

They either e-mail or fax the form or letter. If only a letter, the letter itself contains the request for the personal and financial information. The letter, which claims to come from the IRS, states that the recipient will face additional taxes unless he or she quickly faxes the required information to the number provided by the scammer.

In reality, taxpayers file the genuine Form W-8BEN with their financial institutions, not with the IRS. Additionally, the genuine W-8BEN does not request the taxpayer's passport number, bank account number, security or similar information.

Refund scam

The bogus e-mail, which claims to come from the IRS, tells the recipient that he or she is eligible to receive a tax refund for a given amount. It instructs the recipient to click on a link contained in the e-mail to access and complete a form for the tax refund. The form requires the entry of personal and financial information. The refund scam is the most common one seen by the IRS. Several recent variations on this scam have claimed to come from the Exempt Organizations area of the IRS. Some others have included the name and purported signature of a genuine or a made-up IRS executive.

Taxpayers do not have to complete a special form to obtain a refund. Taxpayer refunds are based on the tax return they submit to the IRS.

How to spot a scam

Many e-mail scams are fairly sophisticated and hard to detect. However, there are signs to watch for, such as an e-mail that:

• Requests detailed or an unusual amount of personal and/or financial information, such as name, SSN, bank or credit card account numbers or security-related information, such as mother's maiden name, either in the e-mail itself or on another site to which a link in the e-mail sends the recipient.

• Dangles bait to get the recipient to respond to the e-mail, such as mentioning a tax refund or offering to pay the recipient to participate in an IRS survey.

Threatens a consequence for not responding to the e-mail, such as additional taxes or blocking access to the recipient's funds.

• Gets the Internal Revenue Service or other federal agency names wrong.

• Uses incorrect grammar or odd phrasing (many of the e-mail scams originate overseas and are written by non-native English speakers).

• Uses a really long address in any link contained in the e-mail message or one that does not start with the actual IRS Web site address (www.irs.gov). To see the actual link address, or URL, move the mouse over the link included in the text of the e-mail.

• What to do

The IRS does not initiate taxpayer contact via unsolicited e-mail or ask for personal identifying or financial information via e-mail. If you receive a suspicious e-mail claiming to come from the IRS, take the following steps:

• Do not open any attachments to the e-mail, in case they contain malicious code that will infect your computer.

• Do not click on any links, for the same reason. Also, be aware that the links often connect to a phony IRS Web site that appears authentic and then prompts the victim for personal identifiers, bank or credit card account numbers or PINs. The phony Web sites appear legitimate because the appearance and much of the content are directly copied from an actual page on the IRS Web site and then modified by the scammers for their own purposes.

• Contact the IRS at 1-800-829-1040 to determine whether the IRS is trying to contact you.

• Forward the suspicious e-mail or URL address to the IRS mailbox phishing@irs.gov, then delete the e-mail from your inbox.

Genuine IRS web site

The only genuine IRS Web site is IRS.gov. All IRS.gov Web page addresses begin with www.IRS.gov. Anyone wishing to access the IRS Web site should initiate contact by typing the IRS.gov address into their Internet address window, rather than clicking on a link in an e-mail.

IRS Alerts Public To New Identity Theft Scams...

Last-Minute Tax Tips

April 14, 2009
Haven't filed your income tax return yet? The Internal Revenue Service offers these last-minute reminders to taxpayers who have not yet filed a tax return, paid what they owe or requested an extension of time to file as the April 15 tax filing and payment deadline approaches.

File and Pay on Time

Taxpayers who owe taxes and dont file their tax return by the deadline may face interest on the unpaid taxes and a failure-to-file penalty. Interest and penalties add to the total amount a taxpayer owes. Filing by the deadline allows taxpayers to avoid the failure-to-file penalty, even if they cant pay all or some of their taxes by the deadline. Taxpayers who cant file their return by the deadline can request an extension of time to file. However, an extension of time to file is not an extension of time to pay.

Taxpayers who file on time but dont pay all or some of their taxes by the deadline could face interest on the unpaid amount and a failure-to-pay penalty. Taxpayers who cant pay the full amount should pay as much as they can by the deadline to minimize any interest and penalties due. In addition, taxpayers may take advantage of a variety of electronic and other payment options, such as using charge or debit cards to pay their taxes, to make it easier.

Taxpayers may also pay any taxes owed by check made out to the United States Treasury using Form 1040-V, Payment Voucher, which must be included along with the payment and tax return. Taxpayers who have already submitted their tax return, but still need to pay all or some of their taxes, may mail the check to the IRS with Form 1040-V.

File Electronically

Taxpayers can take advantage of e-filing, which is fast, accurate and easy. Most available tax preparation programs check for errors and necessary information, increasing the accuracy of the return and reducing the need for correspondence with the IRS to clarify errors or omissions. With most programs, taxpayers can usually file a state tax return at the same time they electronically file their federal return. Once the return is accepted for processing, the IRS electronically acknowledges receipt of the return. Generally, when someone files electronically, their refund will be issued in about half the time it would take if they had filed a paper return. Those who choose direct deposit will get their refund in even less time.

Use IRS Free File

Free electronic filing from nearly 20 companies is available to taxpayers whose 2008 adjusted gross income was $56,000 or less. That means 70 percent of all taxpayers, or 98 million filers, can take advantage of the IRS-sponsored Free File program. The only way to access this program is through this Web site. There is no charge for this service.

This year, the IRS and its partners are offering a new option, Free File Fillable Forms, which opens up Free File to virtually everyone, even those whose incomes exceed $56,000.

Free File Fillable Forms allow taxpayers to fill out and file their tax forms electronically, just as they would on paper. It allows taxpayers to enter their tax data, perform basic math calculations, sign electronically, print their returns for recordkeeping and e-file their returns. This option may be right for those who are comfortable with the tax law, know what forms they want to use or dont need assistance to complete their returns.

Choose Direct Deposit

Whether filing electronically or on paper, taxpayers can opt to have their federal tax refund deposited directly into their bank account. Taxpayers who choose direct deposit will get their refunds faster than those who receive a paper check. Taxpayers who both e-file and use direct deposit will receive their refunds even faster. And, a refund that is directly deposited in a savings or checking account cannot be stolen or lost in the mail.

Using direct deposit is easy. Paper return filers just enter bank account and routing numbers in the boxes provided on Form 1040, 1040A or 1040EZ.

Taxpayers can split their deposits into up to three different accounts. Most e-file and tax preparation software allows taxpayers to split refunds. Paper return filers need to file Form 8888, Direct Deposit of Refund to More Than One Account, to split a refund among different accounts.

Make Sure Your Paper Return is Error-Free

Those who file a paper return can avoid most potential delays in processing the return and can avoid additional correspondence with the IRS to clarify errors by making certain they:

• Double-check their figures.
• Make sure all Social Security numbers are correct.
• Sign their form.
• Attach all required schedules.
• Send their return or request an extension by the April 15 filing deadline.

Pay Electronically

Electronic payment options are convenient, safe and secure methods for paying taxes or user fees. Taxpayers can make payments online, by phone using a credit or debit card, or through the Electronic Federal Tax Payment System. Taxpayers who e-file their return may use the electronic funds withdrawal option for submitting an electronic payment. They can e-file before April 15 but schedule their payment for withdrawal on April 15.

Some taxpayers who itemize may now deduct the convenience fee charged for paying individual income taxes with a credit or debit card as a miscellaneous itemized deduction. The deduction is subject to the 2 percent limit on Form 1040, Schedule A. Taxpayers should not add the convenience fee to their tax payment.

For those who cant file or pay on time, the IRS provides extensions of time to file and payment plans.

Request an Extension of Time to File

Taxpayers who can't meet the deadline to file their tax return can get an automatic six-month extension of time to file from the IRS by filing Form 4868, Automatic Extension of Time to File, but they must submit the request by April 15. Taxpayers can e-file the extension request from a home computer or through a tax professional who uses e-file at no cost. Several companies offer free e-filing of extensions through the Free File Alliance; these companies are listed on IRS.gov.

The extension gives taxpayers until Oct. 15 to file the tax return. However, an extension of time to file does is not an extension of time to pay. Those who owe taxes can make a payment when they file the extension either by mailing a check made out to the U.S. Department of the Treasury or by several electronic payment methods, such as electronic funds withdrawals from bank accounts and credit card payments.

Apply for an Installment Agreement

An installment agreement allows taxpayers to pay any remaining balance in monthly installments. Taxpayers who owe $25,000 or less may apply for a payment plan electronically, using the Online Payment Agreement application. Or they may attach Form 9465, Installment Agreement Request, to the front of their tax return. Taxpayers must show the amount of their proposed monthly payment and the date they wish to make their payment each month. The IRS charges $105 for setting up the agreement or $52 if the payments are deducted directly from the taxpayers bank account ($43 for qualified lower-income taxpayers).The IRS will automatically give taxpayers the low income installment agreement fee if they qualify. The taxpayer does not have to request it. Taxpayers are required to pay interest plus a late payment penalty on the unpaid taxes for ea ch month or part of a month after the due date that the tax is not paid. A taxpayer who does not file the return by the due date including extensions may have to pay a failure-to-file penalty.

Avoid Scams

There are numerous scams in which people receive unsolicited e-mails, phone calls or faxes that claim to come from the IRS or include an IRS logo or send recipients to a phony IRS Web site, and which request personal and financial information that may be used to commit identity theft. Typically, identity thieves use someones personal data to empty the victims financial accounts, run up charges on the victims existing credit cards, apply for new loans, credit cards, services or benefits in the victims name, file fraudulent tax returns or even commit crimes.

Anyone who receives one of these bogus e-mails, phone calls or faxes should avoid responding, clicking on any links or opening attachments. Recipients may forward the e-mails or report the calls to phishing@irs.gov.

For more information about filing and paying taxes, visit IRS.gov and choose 1040 Central or refer to the Form 1040 Instructions or IRS Publication 17, Your Federal Income Tax. Taxpayers can download forms and publications from IRS.gov or request a free copy by calling toll free 800-TAX-FORM (800-829-3676).

Last-Minute Tax Tips...

Property Tax Reduction Scams Spreading, California Warns


California Attorney General Edmund G. Brown Jr. is warning consumers about a blatant and costly scam targeting homeowners with declining property values.

This blatant and costly scam holds out hope to homeowners that their property taxes will be reduced if they pay hundreds of dollars to a middleman to have their property re-evaluated, Brown said. In point of fact, homeowners can seek relief directly from their county assessor free of charge. Homeowners should be on high alert.

Companies are sending deceptive mailers to homeowners offering help in reducing property tax assessments, if the homeowner pays the company hundreds of dollars in fees.

The companies use official-sounding names such as Tax Adjusters, Tax Readjustment or Tax Review to make victims believe the company is a government agency.

Property tax reassessment is a free service provided by county tax assessors. If homeowners believe their property value has declined and they are paying too much in property taxes, the local tax assessor will review the property value for free for a possible downward assessment.

To avoid becoming a victim, homeowners should:

• Never pay money for something they did not ask for.

• Avoid a middleman; they should contact their local tax assessors office for property value reassessment.

More Scam Alerts ...

Property Tax Reduction Scams Spreading, California Warns...

Consumers Urged to Avoid Quickie Tax Refund Loans


Some of America's most cash-strapped taxpayers — those from low- and moderate-income families — spent about $900 million in the latest year recorded for what is almost always an unnecessary product: the so-called "refund anticipation loan" at income tax time.

With the opening of another tax season, consumer advocates at the National Consumer Law Center and Consumer Federation of America are warning taxpayers to steer clear of refund anticipation loans, which they call one of the most avoidable tax-time expenses.

New figures reveal that RALs drained the refunds of 8.67 million American taxpayers in 2007, costing them $833 million in loan fees, plus over $68 million in other fees. In addition, another 11.2 million taxpayers spent $336 million on related financial products to receive their refunds.

"In tough economic times, quick money may be tempting. But American taxpayers need every dollar of their refunds, and waiting just a week or two will put more money in their pockets," advised NCLC Staff Attorney Chi Chi Wu.

RALs examined

RALs are bank loans secured by the taxpayer's expected refund — loans that last about 7-14 days until the actual IRS refund repays the loan. That's a good indication of just how needless most RALs are: Most taxpayers could have their refund in two weeks or less even without the costly loan.

"If you want your refund fast, file electronically and have your refund direct deposited to your own bank account," said Jean Ann Fox, Director of Financial Services for CFA.

Taxpayers who have a bank account can avoid the expense of a RAC - generally about $30 - by having their refunds direct deposited into their account, which is just as fast. H&R Block customers who received the Block Emerald Card in a prior year can have their refunds direct deposited onto those cards, and avoid a RAL or RAC.

Price of RALs

How much will taxpayers pay if they get a quickie tax loan? The price of a RAL includes several components:

• A loan fee ranging from $34 to $130, which is usually broken down into a "Refund Account" fee and a "Bank Fee."

• Some tax preparers may charge one or more separate add-on fees, sometimes called "application," "administrative," "e-filing," "service bureau," "transmission," or "processing" fees. Add-on fees can range from $25 to several hundred dollars. Add-on fees are not charged by H&R Block, Jackson Hewitt or Liberty Tax.

In general, the effective annual interest rate (APR) for a RAL can range from about 50 percent to nearly 500 percent. If a $40 add-on fee is charged and included in the calculation, the effective APRs range from about 85 percent to nearly 1,300 percent.

RAL loan fees can vary significantly. H&R Block and JPMorgan Chase generally have lower RAL fees. In fact, they claim that these loans bear an effective APR of 36 percent, which is the traditional small loan rate cap in many states.

However, these figures do not include the "Refund Account" fee, which they claim is for the temporary account into which the taxpayer's refund is later deposited to repay the RAL. If the Refund Account Fee is included, it more than doubles the APR.

Nonetheless, there are some real and significant price differences between various RAL outlets. For example, a RAL in the amount of $3,000, which is typical, costs from $62 to $110. Taxpayers should avoid RALs in the first place; but if they insist on getting one, they should shop around for RAL costs before selecting a commercial preparer.

Tax preparers and their bank partners also offer an "instant" same day RAL for an additional fee, from $25 to $55. Some of the APRs for an instant RAL of around $1,500 are 185 percent (Block) and 211 percent (Chase).

Finally, consumers who do not use one of the commercial chains should also ask if the preparer charges any add-on fees. Mystery shopper testing conducted during the 2008 tax season revealed that some independent preparers charge several add-on fees for both RALs and RACs.

One preparer charged $324 in add-on fees; several others charged $45. Santa Barbara Bank & Trust allegedly limits tax preparers to $40 in add-on fees; however, the preparer that charged $324 in add-on fees used Santa Barbara as its lender.

Return of the pay stub RAL

Last year saw the demise of "pay stub" and "holiday" RALs. These were RALs made prior to the tax-filing season, before taxpayers received their IRS Form W-2s and could file their returns. Unfortunately, this demise was short-lived. Both H&R Block and Jackson Hewitt are promoting loans made before the tax season based on anticipated refunds.

Jackson Hewitt's version is called the iPower Line of Credit, up to $500, issued by MetaBank. MetaBank charges a 1.5 percent fee for the first advance from the line, and a 10 percent charge per advance thereafter, plus 18 percent periodic interest. If a taxpayer borrows the entire $500 in the first advance, she would be charged a $57.65 fee. If the iPower loan is repaid in one month, the total fee would be $65.15. A one month, closed-end loan with the same loan amount and fee would have an APR of 177 percent.

H&R Block's version uses its Emerald Advance Line of Credit. This is a line of credit that Block had offered previously to its Emerald Card customers, and is available for some customers on a year-round basis, for up to $1,000. This year, however, Block explicitly promoted the Emerald Advance as a tax-related pre-season loan and made it available to new customers.

The Emerald Line of Credit carries an interest rate of 36 percent plus an annual fee of $45. For a $500 advance repaid in one month, the total fee is $60. A one-month, closed-end loan with the same loan amount and fee would have an APR of 158 percent, if the annual fee were to be included in the finance charge (which Truth in Lending does not require).

If however, the borrower keeps the line open after tax season, the interest rate is lowered to nine percent, but requires either payroll direct deposit to Block's Emerald Card or a savings account linked to the card.

RALs based on pay stubs present risks to taxpayers, because they are based on estimated tax returns before the taxpayer receives final tax information from a W-2. For example, before filing the tax return, the preparer will not have any information if the IRS is planning to seize all or part of the taxpayer's refund to pay a child support or student loan debt. H&R Block does state that it conducts underwriting for its loans based on considerations other than the estimated refunds.

In addition, Jackson Hewitt in the past appeared to force pay stub RAL borrowers to return to the same office to have their taxes prepared, preventing these taxpayers from going to competitors or seeking free volunteer assistance.

The MetaBank agreement appears to assume the taxpayer will return to Jackson Hewitt for tax preparation and requires the borrower to have her RAL, RAC or tax refund loaded onto the iPower card. In addition, Jackson Hewitt may be charging a $25 or $35 "tax planning fee" for iPower loans.



Consumers Urged to Avoid Quickie Tax Refund Loans...

Video: Tax Tips New Tax Breaks For Your 2008 Return

January 13, 2009

When it comes to filing your tax return, this is not a year to leave money on the table. In fact, the Internal Revenue Service wants you to take advantage of all the tax breaks you have coming to you — and there may be more of them this tax season. Mark Huffman reports on what to look for, and how to expedite your return.

Tax News

Video: Tax Tips New Tax Breaks For Your 2008 Return...

IRS Offers Help to Financially Stressed Taxpayers

January 8, 2009
The federal government's efforts to cushion the blow of the economic meltdown extend all the way to the Internal Revenue Service. The tax collection agency is showing a kindler and gentler face to those hit hardest by the economy.

The IRS has kicked off the 2009 tax filing season by announcing a number of new steps to help financially distressed taxpayers maximize their refunds and speed payments while providing additional help to people struggling to meet their tax obligations.

IRS Commissioner Doug Shulman encouraged taxpayers to take advantage of several new tax credits and deductions this filing season and announced a major enhancement to the Free File program that will allow nearly all taxpayers to e-file for free and accelerate their refunds.

"With so many people facing financial difficulties, we want taxpayers to get all the tax credits they're entitled to as quickly as they can," Shulman said. "In addition, we are creating new protections to help people trying to meet their tax obligations. The IRS will do everything it can to help during these tough times."

Help for people who owe taxes

With many people facing additional financial difficulties, the IRS is taking several additional steps to help people who owe back taxes.

"We need to ensure that we balance our responsibility to enforce the law with the economic realities facing many American citizens today," Shulman said. "We want to go the extra mile to help taxpayers, especially those who've done the right thing in the past and are facing unusual hardships."

On a wide range of situations, IRS employees have flexibility to work with struggling taxpayers to assist them with their situation. Depending on the circumstances, taxpayers in hardship situations may be able to adjust payments for back taxes, avoid defaulting on payment agreements or possibly defer collection action.

The IRS reminds taxpayers who are behind on tax payments and need assistance to contact the phone numbers listed on their IRS correspondence. There could be additional help available for these taxpayers facing unusual hardship situations. Among the areas where the IRS can provide assistance:

Postponement of Collection Actions: IRS employees will have greater authority to suspend collection actions in certain hardship cases where taxpayers are unable to pay. This includes instances when the taxpayer has recently lost a job, is relying solely on Social Security or welfare income or is facing devastating illness or significant medical bills. If an individual has recently encountered this type of financial problem, IRS assistors may be able to suspend collection without documentation to minimize burden on the taxpayer.

Added Flexibility for Missed Payments: The IRS is allowing more flexibility for previously compliant individuals in existing Installment Agreements who have difficulty making payments because of a job loss or other financial hardship. The IRS may allow a skipped payment or a reduced monthly payment amount without automatically suspending the Installment Agreement. Taxpayers in a difficult financial situation should contact the IRS.

Additional Review for Offers in Compromise on Home Values: An Offer in Compromise (OIC), an agreement between a taxpayer and the IRS that settles the taxpayer's tax debt for less than the full amount owed, may be a viable option for taxpayers experiencing economic difficulties. However, the equity taxpayers have in real property can be a barrier to an OIC being accepted. With the uncertainty in the housing market, the IRS recognizes that the real-estate valuations used to assess ability to pay may not be accurate. So in instances where the accuracy of local real-estate valuations is in question or other unusual hardships exist, the IRS is creating a new second review of the information to determine if accepting an offer is appropriate.

Prevention of Offer in Compromise Defaults: Taxpayers who are unable to meet the periodic payment terms of an accepted OIC will be able to contact the IRS office handling the offer for available options to help them avoid default.

Expedited Levy Releases: The IRS will speed the delivery of levy releases by easing requirements on taxpayers who request expedited levy releases for hardship reasons. Taxpayers seeking expedited releases for levies to an employer or bank should contact the IRS number shown on the notice of levy to discuss available options. When calling, taxpayers requesting a levy release due to hardship should be prepared to provide the IRS with the fax number of the bank or employer processing the levy.

Taxpayers with financial problems who discover they can't pay when they file their 2008 tax returns also have options available. IRS.gov has a list of "What If?" scenarios that deal with payment and other financial problems. These scenarios, in question-and-answer format, provide information on specific actions taxpayers can take. Taxpayers unable to pay in full can likewise contact the IRS to discuss additional options to pay.

Maximizing refunds and speeding refund delivery

This filing season, there are several steps taxpayers can take to maximize their refunds and speed the delivery of money from the IRS.

Taxpayers should look into the numerous tax breaks available and take every credit, deduction and exclusion for which they qualify. People who had less income in 2008 could find they qualify for credits for which they previously did not qualify. And there are several new benefits this year:

First-Time Homebuyer Credit: Those who bought a principal residence recently or are considering buying one should take note. This unique credit of up to $7,500 works much like a 15-year interest-free loan. IRS.gov has more details and answers to common questions.

The Recovery Rebate Credit: This credit is figured like last year's Economic Stimulus Payment except that Recovery Rebate Credit amounts are based on tax year 2008 instead of 2007. Most people already received their full benefit in the form of the Economic Stimulus Payment. However, a taxpayer may qualify for the Recovery Rebate Credit, if, for example, he or she did not get an Economic Stimulus Payment, had a child in 2008 or had a change in income level. If you receive this credit, it will be included in your refund and will not be issued as a separate payment. See the Form 1040 Instructions, Fact Sheet 2009-3 or the information center on IRS.gov for details.

Standard Deduction for Real Estate Taxes: Taxpayers can claim an additional standard deduction, based on the state or local real estate taxes paid in 2008. The maximum deduction is $500, or $1,000 for joint filers.

Mortgage Workouts and Foreclosures: For most homeowners, these are now tax-free. Eligible homeowners can exclude debt forgiven on their principal residence if the balance of the loan was less than $2 million. The limit is $1 million for a married person filing a separate return. See Form 982 and its instructions for details.

IRS.gov, the official IRS Web site, has more information on these and other popular credits, such as the child tax credit, the Earned Income Tax Credit and alternative fuel vehicle credit.

E-File, E-Pay and Direct Deposit

This year, electronic filing options will speed the payment of refunds to millions of taxpayers. Taxpayers who e-file and choose direct deposit for their refunds, for example, will get their refunds in as few as 10 days. That compares to approximately six weeks for people who file a paper return and get a traditional paper check.

This year, taxpayers can begin filing electronically on Jan. 16.

The IRS in 2009 is again offering free tax preparation and filing through the Free File program. Anyone with an adjusted gross income up to $56,000 can use the standard Free File options this year — that is approximately 98 million Americans. The program also has usability improvements, including a standardized set of electronic forms that are most frequently used by Free File-eligible taxpayers.

This year the IRS and its partners are offering a new option, Free File Fillable Tax Forms, that opens up Free File to virtually everyone, even those whose incomes exceed $56,000.

Free File Fillable Tax Forms allows taxpayers to fill out and file their tax forms electronically, just as they would on paper. This option does not include an "interview" process like the other Free File offerings, but it does allow taxpayers to enter their tax data, perform basic math calculations, sign electronically, print their returns for record keeping and e-file their returns. It may be just right for those who are comfortable with the tax law or those who use electronic software to prepare their returns but file using paper forms.

Both the fillable-forms option and the previously available Free File offerings are available only through the IRS.gov Web site. More information will be available in mid-January.

1040 Central and taxpayer-friendly features

When they visit the IRS.gov Web site this filing season, taxpayers may notice the new "rotating spotlight" feature on the homepage. The spotlights, which change every few seconds, give the taxpaying public direct access to more of the IRS Web site's vast amount of content.

Also on the homepage, taxpayers can click on 1040 Central to find help preparing and filing their tax returns. Like last year, this popular section of IRS.gov has a wide range of offerings that address taxpayer needs.

Finally, the IRS is producing a number of podcasts this filing season that will be available on IRS.gov. In addition to Tax Tips, Fact Sheets and News Releases, these short audio interviews cover a wide range of topics and are a way for the IRS to reach out to a new generation of taxpayers.

IRS Offers Help to Financially Stressed Taxpayers...

Groups Claim Bank Uses Bailout Funds for Predatory Loans

January 6, 2009
Consumer groups say Santa Barbara Bank & Trust's refund anticipation loan (RAL) program is a predatory lending practice. To make matters worse, the groups claim the bank is using taxpayer money, from the U.S. Treasury's Troubled Assets Relief Program (TARP), to help make the high-priced loans.

On November 21, 2008, Treasury approved Santa Barbara as a recipient of $180 million from the TARP program.

"Santa Barbara is feeding off of taxpayer money twice in making RALs this upcoming tax season," said Peter Skillern, Executive Director of the Community Reinvestment Association of North Carolina. "First, Santa Barbara is skimming off hundreds of millions in refund dollars in making RALs to working families. Second, it is funding its RAL loans using tax dollars from the bailout."

Santa Barbara is one in the handful of banks that makes RALs and partners with tax preparer Jackson Hewitt. RALs are loans secured by a taxpayer's federal refund, lasting only one to two weeks. They cost between $32 to $130 in loan fees, plus the ancillary fees, and can translate into high Annual Percentage Rates (APRs) of 50 percent to 500 percent. Nearly 9 million taxpayers received RALs in 2006, costing them nearly $1 billion in loan fees.

RALs target low-income taxpayers, especially recipients of the Earned Income Tax Credit (EITC), a special tax benefit for working families. Nearly two thirds of RAL borrowers are EITC recipients, yet they make up only about 17 percent of taxpayers.

Santa Barbara made 1.83 million RALs in 2007, earning $118 million in fees. It is one of the higher-priced RAL lenders, charging about 40 percent more than some of its competitors. The bank relies heavily on revenue from RALs and a related product, refund anticipation checks, and these products at one point constituted 56 percent of its after-tax income.

"Californians are disappointed to see a supposed community bank in wealthy Santa Barbara take federal money while continuing to offer predatory tax refund loans to Earned Income Tax Credit recipients and other Californians in financial need," said Alan Fisher, Executive Director of the California Reinvestment Coalition.

In order to make these RALs, Santa Barbara must have adequate sources of funding while they maintain certain capital levels required by banking regulators. According to Santa Barbara's own statements, TARP funds will help the bank maintain capital levels while it makes triple digit APR loans to working poor families.



Groups Claim Bank Uses Bailout Funds for Predatory Loans...

Don't Let Just Anyone Do Your Taxes

January 5, 2009
It's tax time again, and considering the complexity of the tax code, a growing number of taxpayers seek help in filing their returns. Here's some advice from the Internal Revenue Service — may sure you pick someone who knows what they're doing. Otherwise, it's you who could end up in hot water.

In fact, the IRS says you should choose your tax preparer as carefully as you would a doctor or lawyer. Even when someone else prepares your tax return, you, the taxpayer, are ultimately responsible for all the information on the return.

For that reason, you should thoroughly review the completed return before signing it and ask questions on entries you don't understand. And it should go without saying, never sign a blank tax form.

Most tax return preparers provide honest service to their clients, the IRS says, but it's always a good idea to be careful. When seeking someone to prepare your tax returns, there are several red flags that should alert you that you could be venturing onto thin ice:

• Be cautious of tax preparers who claim they can obtain larger refunds than other preparers.

• Avoid preparers who base their fee on a percentage of the refund.

• Use a tax professional who signs the completed tax return and provides you a copy.

• Consider whether the individual or firm will be around to answer questions months, or even years, after the return has been filed.

• Check credentials. Only attorneys, certified public accountants (CPAs) and enrolled agents can represent taxpayers before the IRS in all matters, including audits, collection and appeals. Other return preparers may only represent taxpayers for audits of returns they actually prepared.

• Find out if the preparer is affiliated with a professional organization that provides its members with continuing education and holds them to a code of ethics.

• Ask friends and family whether they know anyone who has used the tax professional and whether they were satisfied with the service they received.

Reputable preparers will ask to see receipts and other documentation and will ask numerous questions to determine whether expenses, deductions and other items qualify. By doing so they are trying to help you avoid penalties, interest or additional taxes that could result from an IRS audit.



Don't Let Just Anyone Do Your Taxes...

H&R Block to Stop Selling Refund Anticipation Loans in California

January 2, 2009
Tax preparation giant H&R Block has agreed to stop selling high-cost refund anticipation loans as "early tax refunds" in California.

Attorney General Edmund G. Brown Jr. said the settlement, which includes a $4.85 million payment by the company, will protect cash-short consumers from paying exorbitant interest rates that they can little afford.

Brown filed suit against H&R Block in early 2006 regarding its marketing and sale of income tax refund anticipation loans and a related product called refund anticipation checks. The company denied any wrongdoing.

A refund anticipation loan is a short-term loan secured by a taxpayer's anticipated income tax refund. The complaint alleged a variety of deceptive practices by H&R Block including:

• Deceptive advertising designed to disguise refund anticipation loans, which carry fees and other costs, as tax refunds, which the IRS provides without charge; and

• Unfair debt collection practices by which customers' refund proceeds were garnished to pay off debts they supposedly owed.

The settlement provides for up to $2.45 million in restitution for consumers who purchased a Refund Anticipation Loan or a Refund Anticipation Check through H&R Block between January 1, 2001 and December 31, 2008. In addition, the company will pay $500,000 in penalties and $1.9 million in fees and costs.

In addition. H&R Block will be prohibited from marketing these loans and related products in a deceptive or misleading manner and will be required to make clear and conspicuous disclosures to consumers prior to their purchase of these products. Terms of the settlement are limited to three years.

A settlement administrator will be contacting eligible consumers directly. Eligible consumers may also write to the Attorney Generals Public Inquiry Unit at P.O. Box 944255, Sacramento, CA 94244-2550, or may send an e-mail at ag.ca.gov/contact/.

Brown previously settled claims against Jackson Hewitt and recently concluded a trial against Liberty Tax Service, the second and third largest tax preparation companies in the country, respectively. All three lawsuits involved refund anticipation loans and related products.



H&R Block to Stop Selling Refund Anticipation Loans in California...

An Upside to the Down Market: A Lower Tax Bill

Did you know there was actually an upside to this down market? Just as the pilgrims gave thanks for their harvest, it may be fitting this Thanksgiving to give thanks to something called "tax loss harvesting." It's a little known strategy that some investors plan to use this year to take advantage of losses in the stock market to offset any capital gains and even some ordinary income tax liability.

All you have to do is sell those losers in your investment portfolio by the end of the year and you can use any losses to cash in on an equal amount of investment gains tax-free. You can even use those losses to offset up to $3,000 of ordinary income and carry over excess losses into future years.

Although you need to check with your accountant before you try to apply this strategy to your own situation, here is a short general course in a legal tax loophole that the rich have been using for years.

Tax loss harvesting

Before you can understand tax loss harvesting, you have to try to understand our complex tax laws. As written, the current tax laws allow you to "realize" losses to offset gains "realized" with other investments. Realize is just a short hand way of saying that when you sold your stock you either "made or lost" money depending on whether the sale price was higher or lower than what you paid for it. Using financial lingo, "realize" stands for that gain or loss.

In better times, logic would often dictate that when a stock price is lower than what you paid for it, you would want to hold on to it until the price goes up and then sell it so you actually make money. Granted you have to pay taxes on what you make (which is called a capital gains tax) but you still gained and thats usually better than a loss.

But these are unusual times, when stock prices are more likely to continue going down instead of up, and when taking a loss might prove to be a gain around tax time. And taking or "harvesting" a loss becomes a prudent way of offsetting not only capital gains but up to $3,000 in ordinary income.

Short and long-term gains

To make things even more complicated, the IRS divides capital gains and losses between short-term and long-term and taxes each one differently. Short-term capital gains and losses occur when you sell a security you've owned for less than one year. Short-term gains are taxed at the same rate as your ordinary income, which means whatever tax bracket you're in, and the maximum rate is now 35 percent, that's the rate you'll pay for short term gains.

On the other hand, long-term capital gains and losses, those held for longer than one year, are currently taxed at just 15 percent.

If you sold securities, stocks, bonds or mutual funds that resulted in a long or short term capital (which means money) gain earlier in the year, you can now sell those securities and take losses in order to offset any previous gain. Long-term losses will offset long-term gains. Short-term losses will offset short-term gains. And net losses in either category will then offset gains in the other category.

If the net result is an overall loss in capital, the excess loss can be used to offset ordinary income dollar-for-dollar up to a maximum $3,000. Any excess capital losses can be carried forward indefinitely to reduce capital gains liability and ordinary income in future years. As an investment strategy, this process is known as tax loss harvesting.

"Wash Sale" rule

There, however, are some rules and restrictions. For example, the IRS will not let you take a tax loss deduction from the sale of a stock or security, if the same or a substantially identical stock or security (I'll explain this later) was purchased within 30 days before or after the sale, which adds up to a total of 60 days. This is known as the "wash sale" rule. However, any loss could be added to the cost of any new securities purchased so that when youve finally moved outside of the wash-sale window period of 61 days, that loss would be calculated into the selling price of the security.

Substantially identical securities

The Wash-Sale rule doesn't really spell out or define what it means by the term "substantially identical." When it comes to stocks, this term doesn't really apply since stocks are shares in a particular company and each one is different. Bonds on the other hand tell a different story. Financial experts say bonds that have different issuers or there are substantial differences in either maturity or coupon rate would not be considered substantially identical. But, if an investor finds a replacement bond with a similar coupon, duration and maturity and credit rating, yet with a different issuer, the actual composition of the portfolio would be virtually unchanged.

Preparing for future higher tax rates

Under current tax law, the maximum tax rate for long-term capital gains is 15percent, and the maximum tax rate on income for individuals is 35 percent. According to the Tax Policy Center, these rates are expected to move higher under the new Obama administration. For those in the top two income brackets, a new maximum capital gains rate of 20 percent may be created. For ordinary income, the top two income brackets may return to their 1990's levels of 36 percent and 39.6 percent.

Consult your tax advisor

You should consult with your tax advisors as to whether there are potential benefits of harvesting tax losses now versus what can be carried forward for use in the future when capital gains and ordinary income is expected to be taxed at higher rates for some individuals. Keep in mind that the administration's tax proposals must be approved by Congress. There may be state and local taxes that have to be considered. Then there also all those transaction costs, such as brokerage fees, that may apply if you are buying and selling securities. So make sure youve considered the complete field of pros and cons of tax-loss harvesting before reaping this crop.

---
Fred Yager, a veteran AP and CBS News journalist, was formerly president of Merrill-Lynch Broadcasting.

An Upside to the Down Market: A Lower Tax Bill...

How to Appeal Your Property Tax Bill

When home values fall, so can property tax bills, but sometimes not before you initiate the tedious process to prove your home's assessed value warrants a tax reduction.

Pay close attention to your next property tax bill.

Your home may be worth less than the local tax assessor believes and that could mean a smaller property tax bill.

However, unless the assessor takes it upon himself or herself to update property values, against which taxes are typically levied, it's up to you to appeal your tax bill.

Pay particular attention to the fact that property tax systems vary widely from jurisdiction to jurisdiction.

• Property taxes are typically based on some assessed value of your property, but that's where the similarity ends.

• How property values are actually assessed, how that assessed value is taxed, the length of time between assessments, the process to appeal the assessment and the laws that govern it all, are all as local as your real estate market.

• You must visit your local jurisdiction to learn the local system, its rules and your rights to appeal. Don't assume the assessor isn't already at work for you, but also don't assume he or she is.

The Federation of Tax Administrators can point you to your property tax assessor or administrator where you can get all the details you need for appealing your property tax.

Right now is a good time to take stock of your property tax bill.

Generally, when home prices rise, so do property taxes. The opposite is also true, when home values fall, so do property taxes.

Today's increased incidence of foreclosures, slow sales and lender reluctance to finance the full value of a home make it obvious that home values are down in many locations.

The previous housing boom frenzy caused many buyers to bid up the price of the property and artificially inflate the value. In some markets, sellers who purchased homes at the height of the boom and must now sell, are finding they have to price their home to move. That causes home value declines.

The National Taxpayers Union (NTU) reported that as many as 60 percent of all homes are over-assessed and not in line with their actual value -- and that was during boom times.

Also many errors are clerical mistakes according to the American Homeowners Association (AHA).

The vast majority of homeowners who find errors and contest their bill enjoy a lower property tax, says the AHA, which offers a quiz that points to signals your home could be over assessed.

Tell-tale signs include:

• Errors in the description of your property on the tax bill.

• Compatible homes in the area that have sold for less than your appraised value.

• Neighbors with lower assessments on similar houses. Some homes retain the same assessed value for years and assessed values often don't rise in step with market values or home sale prices.

• Value reducers in your home or area, including drainage problems, easements, re-zoning, heavy traffic, nearby railroad tracks, freeways, industry or toxic waste.

• Depreciation factors, including age, the quality of materials, inefficient heating, structural cracks, deterioration, or chronic defects.

The AHA's kit is a good deal because it's an informative package that is free. NTU's costs $7, but likewise remains a bargain from an independent non-commercial source. However, your local jurisdiction has all the information you need to appeal your property tax assessment and it's a good bet that information and the process is free.

Watch out for private, sometimes questionable property tax reduction operations charging larger fees and promises. Avoid official-looking mailings and email come-ons that offer to do the work for you -- for a fee -- with "guarantees." Some are out right scams appealing to your sense of dread at going it alone. They want only your money and have no plans to appeal your property tax assessment.

In any event, you can wait until your assessment arrives or visit your property tax assessor's office to examine your account.

When you do, consider the following questions:

• Did you buy your home in a bidding war? Yesterday's over-valued property is today's over-assessed property.

• Are there errors in your tax records? Look closely at your records and make sure there aren't reporting errors. A condo listed as a single-family home, an incorrect age, square footage that's off, too many rooms and other descriptive factors could falsely boost assessed value.

• Do the math. Some tax laws put a cap on how much above the market value an assessment can be and how much it can rise each year. An appeal that results in a reduced assessed value, may not be permanent. You could quickly return to your higher value, market conditions permitting.

To appeal the assessed value and related property tax, prepare yourself for a tough row. You may even have to appeal an initial rejection.

First, pay close attention to your local rules' period of time when you must complete the appeals process.

Even if the process is free if you go it alone, you may need the help of a real estate agent, realty attorney or other licensed professional to assist you gathering some of the evidence you'll need to make your case.

You'll have to look at comparable homes in your community to determine how much the owners are paying for property taxes. The information is largely public and available from your tax assessor's office.

You'll typically have to find at least three other comparable homes in your neighborhood that have lower assessments. Obviously, the lower, the better.

A real estate agent or other professional who has access to the multiple listing service can do a comparable market analysis of homes recently sold and in escrow to hone in on your home's true value -- something you may not be able to accomplish with older public records.

An appraiser with multiple listing service access can do the same, as well as perform an appraisal of your home.

In either case, you could be out a few hundred dollars for professional assistance. Don't make a case if you don't think it's worth the cost to appeal.

The AARP also says some states have programs for property tax deferrals and other programs that let certain home owners postpone payment of some or all property taxes. There are also some tax rebates and exemptions.

Don't forget, property taxes are also one of many home ownership related expenses that qualify for a deduction on your income tax returns. The smaller the tax, the smaller the deduction.

---
Broderick Perkins parlayed 30 years of old-school journalism into a digital real estate news service, the DeadlineNews Group, offering "News that really hits home!"™. The Silicon Valley bootstrap includes the Web site DeadlineNews.Com and the back shop Deadline Newsroom. Contact him at news@deadlinenews.com.

How to Appeal Your Property Tax Bill...

New York Stops H&R Block's Deceptive Sweepstakes Ads

H&R Block's sweepstakes promotions might have been all about fun and games, but New York Attorney General Andrew Cuomo says the tax preparer didn't play by the rules. Cuomo's office has settled a suit against Block in connection with the allegedly deceptive advertising practices..

As part of the agreement, Block must pay $245,000 in penalties and costs for failing to post rules and regulations of its promotions at its offices and using false and deceptive advertising material to promote two sweepstakes games. The company also must disclose that the purchase of H&R Block products is not necessary to enter any promotional contest.

"H&R Block has agreed to implement the necessary changes so that all future promotions are in full compliance with New York state law," said Cuomo. "This settlement, while directed at H&R Block, serves as a warning to companies to make sure that all sweepstake rules and regulations are clearly spelled out with absolutely no ambiguity."

The Kansas City, Mo.-based company conducted two sweepstakes games: "Double Your Refund Instant Win Game" from January through April 2006 and "Toss Out Your Bills Instant Win Game" from January through April 2007. In both games, consumers could win by means of a scratch-off card, which was given to customers who purchased H&R Block tax preparation services.

New York state law requires companies conducting sweepstakes to give consumers an opportunity to enter and win without purchasing a product. H&R Block did not provide this opportunity for non-paying consumers.

The company's television, radio and print ads announced the ability to play if consumers had their taxes done by the company, and then directed consumers to H&R Block offices or hrblock.com for official rules on how to enter without a purchase.

However, the "no purchase necessary" qualification was either: flashed on screen briefly with no verbal announcement in television ads; announced with rapid-fire language at the end of radio ads; or buried in a small footnote in print ads. Cuomo's investigation found that no such information about entering the contest without purchasing a product was available at H&R block tax offices.

In addition to paying $245,000, H&R Block also must:

• Cleary post contest rules and regulations at participating H&R Block retail offices to enable non-purchasers to obtain the information for entry in contests

• Conduct training to ensure that sales employees are able to direct consumers to the information regarding non-purchase methods of entry

• Comply with all rules and regulations of promotions

• Clearly disclose the availability of alternative methods of entry in all advertising that refers to the purchase of an H&R Block product or service as one of the means to enter the contest.

Consumers are urged to consider the following guidelines before entering a sweepstakes:

• No purchase necessary: It is illegal for a sweepstakes to require you buy a product or make a donation.

• Be wary of claims of huge cash awards and prizes: If it looks to good too be true, it probably is too good to be true

• Don't be swayed by celebrities: They are paid to appear and they don't guarantee a sweepstakes is reputable.

• Be cautious: By participating in a sweepstakes, your name, address, and phone number might be sold to other solicitors

• Never give away your credit card, bank account or social security numbers on entry forms.

• Completely avoid any prize award that requires you first send money to cover taxes and other costs before the prize can be shipped to you.

• Be skeptical of letters and post cards claiming to be "official" or "urgent." If the envelope is sent "bulk rate" or costs less than 33 cents to send, you can certainly bet that thousands of people are receiving the same notice.

New York Stops H&R Block's Deceptive Sweepstakes Ads...

Mystery Shoppers Find Deceit, Incompetence Among Tax Preparers


The 70 million taxpayers who pay commercial firms to prepare tax returns are at risk of confusion, abuse, and errors by tax preparers selling costly refund anticipation loans (RALs), according to a new report and comments filed with the Internal Revenue Service.

Advocacy groups have released a report on mystery shopper testing. The report was also sent to the Internal Revenue Service as part of consumer comments filed in the IRS rulemaking on use of tax returns to market RALs.

The mystery shopper tests portray an industry that imposes high costs on vulnerable low-income filers and fails to provide high-quality tax preparation.

The report shows preparers in Philadelphia and Durham, NC, failed to tell taxpayers about free filing options, and some failed to disclose that RALs are loans.

They also made serious errors on some testers returns, which would have resulted in inflated refunds, and failed to handle education credits or investment income correctly. Many preparers did not give clear price information about RALs, other products, and tax preparation fees, leaving testers confused and unable to comparison shop.

Taxpayers put their trust, their financial health, and their liability for taxes in the hands of commercial preparers, noted Chi Chi Wu, Staff Attorney at National Consumer Law Center. Unfortunately, that trust may not always be well placed.

Mystery shoppers

Seventeen mystery shopper tests were conducted at H&R Block, Jackson Hewitt, Liberty Tax service and independent preparers by the Community Reinvestment Association of North Carolina (CRA-NC) in Durham and by Community Legal Services of Philadelphia (CLS) and the Philadelphia Campaign for Working Families. The National Consumer Law Center (NCLC) analyzed test results for the report.

All of the testers had their taxes prepared by commercial preparers. Fifteen of these testers received RALs or a refund anticipation check (RAC). (One of these testers had to withdraw because of incompetent tax preparation, and another tester was not given a RAL or RAC).

The results showed that some preparers still do not inform taxpayers that a RAL is a loan, despite years of complaints and lawsuits on that issue. Even when testers were told that an RAL is a loan, many preparers did not give clear price information about RALs, RACs, and tax preparation fees. Only one preparer in either city informed the tester how to receive a fast, free refund by e-file and direct deposit.

A few testers were given RALs or RACs by default, while others were automatically required to pay charges for RACs for state refunds. Several preparers made serious errors that significantly affected tax liability, causing two testers to file amended returns to fix errors.

One tester withdrew after a preparer advised him to essentially engage in tax fraud, even telling test coordinators, My experience with [the independent preparer] has been a scary one. I say that mainly because the lack of confidence in the preparers ability to competently complete our return .

Results varied for independent preparers. Several, including a gift shop and a small loan company, charged multiple ancillary fees, including one preparer who charged $324 in such fees. However, another independent preparer steered both testers who went to her office away from RALs.

"We engaged in testing because we had concerns about the cost of RALs to working families," said Peter Skillern of the Community Reinvestment Association of North Carolina. "The surprise to us was seeing firsthand just how unreliable the preparers were in handling the tax filing needs of consumers. Preparers made a lot of mistakes."

Community Legal Services (CLS) of Philadelphia has conducted its own mystery shopper tests of commercial tax preparers for the past three years, and joined with other groups this year to expand the test.

"Year after year, our mystery shoppers' experiences reveal that some commercial tax prep companies confuse and abuse their customers with poor disclosures, high fees and costly miscalculations," said Kerry Smith, an attorney with CLS. "It's time for the IRS to take action to ban the marketing of expensive, risky refund anticipation loans."

Mystery Shoppers Find Deceit, Incompetence Among Tax Preparers...

Instant Tax Refund Always Carries a Price


It's another income tax filing season, and that means consumer organizations are renewing their warnings to taxpayers to avoid "refund anticipation loans," normally targeted at low-income, cash-strapped consumers.

What exactly is a refund anticipation loan?

H&R Block, the nationwide financial services firm that pioneered the RAL, settled a class action lawsuit in 2006 that challenged the fees and interest rates it charged for refund anticipation loans. Now, on its Web site, it offers this disclosure to consumers:

"A refund anticipation loan is a short-term loan secured by a taxpayer's anticipated federal income tax refund. The loan is made by a third-party lending bank and facilitated by H&R Block in its tax offices. "Taxpayers choose refund anticipation loans because they can receive money in one to two days, compared to waiting up to 15 days for a tax refund to be directly deposited into their existing bank account or three to eight weeks for a mailed IRS refund check."

Note the time difference in when the taxpayer receives the money -- one or two days with an RAL, but "up to 15 days" by simply waiting for the refund from the IRS. So, what does it cost to save 10 or twelve days?

"There are two bank fees associated with a RAL: a refund account fee and a finance charge," H&R Block says on its Web site.

The amount of the fees varies, but when measured as payment for a loan of less than two weeks, the annual interest rate can be extremely high.

Low-income taxpayers targeted

"RALs continue to drain over a billion dollars from the pockets of American taxpayers including Earn Income Tax Credit recipients," said the Center For Responsible Lending, in a statement.

The Earned Income Tax Credit (EITC) is a refundable credit provided through the tax system and intended to boost low-wage workers out of poverty. The EITC is the largest federal anti-poverty program providing over $38.7 billion to 22 million families in 2004.

So, even though these wage earners paid little or nothing in the way of taxes, they are entitled under the EITC to sometimes fairly large tax refunds. Consumer groups argue that many RALs are targeted at this group.

In 2007 H&R Block introduced an option to its RAL program that adds even more fees. Now, instead of receiving a check or having the loan amount deposited directly in a bank account, taxpayers may get their loan proceeds on plastic.

Prepaid credit cards

"This year, clients can receive the proceeds of their loan payment on the H&R Block Emerald Prepaid MasterCard, which is tied to an FDIC-insured bank account," said Tim Gokey, President, H&R Block Retail Tax Services, in January 2007. "Clients can direct deposit funds to the account year-round with no fee for point-of-sale purchases, have access to a worldwide ATM network, and can avoid expensive check-cashing fees."

While the card might prove convenient for someone who does not have a bank account, it does not come without fees.

First, the user is charged $1.85 each time the card is used at an in-network ATM. There is an additional fee if the ATM is outside the network, and you may be charged, even if you don't complete the transaction. To add insult to injury, if you are denied cash when using your card at an ATM, you are charged 50 cents.

While Internet account balance inquiries are free, you will be charged $1 a month for a statement through the mail. Need to talk to a customer service rep? It'll cost you $2.

Really free

But regardless of how the loan is paid, state attorneys general and consumer groups are nearly unanimous in their advice to consumers to avoid RALs in any form.

"Taxpayers can save themselves expensive fees by saying 'no' to RALs," said the National Consumer Law Center and Consumer Federation of America, in a joint report. "If they want quick refunds, they can get them in two weeks or less by filing their tax returns electronically and having refunds directly deposited into their own bank accounts. That's a FREE quick refund."

Instant Tax Refund Always Carries a Price...

IRS May Limit 'Instant Refund' Loans


With the opening of another tax season, the National Consumer Law Center (NCLC) and Consumer Federation of America (CFA) are warning taxpayers to steer clear of refund anticipation loans (RALs), one of the most avoidable tax-time expenses.

New figures reveal that RALs drained the refunds of nearly 9 million American taxpayers in 2006. This figure has declined from a high of 12.4 million in 2004, but still represents $900 million in loan fees, plus over $90 million in other fees.

In addition, another 10.8 million taxpayers spent $324 million on other types of financial products to receive their refunds.

The price of RALs has declined significantly for some of the biggest players in the industry, introducing new price competition. Even with lower prices, however, consumer advocates urged taxpayers to avoid RALs.

Taxpayers can save themselves loan fees altogether by just saying no to quick refund loans, advised NCLC Staff Attorney Chi Chi Wu. Taxpayers shouldnt forget that these are loans, and they carry the risk of loans, including unmanageable debt if your refund doesnt arrive as expected.

RALs are bank loans secured by the taxpayers expected refund -- loans that last about 7-14 days until the actual IRS refund repays the loan. Thats the first indicator of just how unnecessary most RALs are: Most taxpayers could have their refund in two weeks or less even without the costly loan.

For a free quick refund, file electronically and have your refund direct deposited to your own bank account, says Jean Ann Fox, Director of Financial Services for CFA, Youll generally receive an e-filed, direct deposit refund within 8 to 15 days.

Using the most recent data available from the IRS, NCLC and CFA calculate that approximately 9 million taxpayers received RALs in the 2006 tax-filing season (for tax year 2005). For that year alone, about 1 in 14 tax returns involved a RAL.

Although high, that 9 million figure is much lower than the high of 12.4 million RALs reported for 2004. Part of the 2006 decline, however, is probably due to better reporting.

In 2006, the IRS required tax preparers for the first time to separately report RALs versus non-loan refund anticipation check (RACs) products. Thus, prior data may have included RACs that were erroneously reported by tax preparers as RALs.

The IRS data for the first time help determine the amount taxpayers paid for RACs. In 2006, nearly 10.8 million taxpayers received a RAC, at a cost of about $324 million. Taxpayers who have a bank account can avoid the expense of a RAC (generally about $30) by having their refunds direct deposited into their account, which is just as fast.

In addition, Block customers who received the Emerald Card last year can have their refunds direct deposited onto those cards, and avoid a RAL or RAC.

The price of a RAL includes several components

• A loan fee ranging from $32 to $130, which is usually broken down into a Refund Account fee and a Bank Fee.

• A separate fee charged by the tax preparer, often called an application or processing fee, of about $40. H&R Block does not charge this fee. Jackson Hewitt does not charge the fee in its company-owned stores, but some franchisees might charge a fee.

In general, the effective annual interest rate (APR) for a RAL can range from about 50% to nearly 500%. If application fees are charged and included in the calculation, the effective APRs range from about 80% to nearly 1,200%.

Block and JPMorgan Chase have lowered their RAL fees, claiming that these loans bear an effective APR of 36%, which is the traditional small loan rate cap in many states.

However, these figures do not include the Refund Account fee, which they claim is for the temporary account into which the taxpayers refund is later deposited to repay the RAL. If the Refund Account Fee is included, it more than doubles the APR.

Nonetheless, Block and JPMorgans price reductions do represent a real and significant reduction in cost to consumers. For example, a RAL in the amount of $2,600, which is the average refund, costs from $57.85 to $110. Taxpayers should avoid RALs in the first place; but if they insist on getting one, they should shop around.

Tax preparers and their bank partners also offer an instant same day RAL for an additional fee, from $25 to $85. Some of the APRs for an instant RAL of about $1,500 are 168% (Block) and 192% (Chase). Santa Barbara Bank & Trust offers an instant RAL of $1,000, which if the taxpayer applies for a traditional RAL, may be repaid from the proceeds of the second loan. In that case, the instant RAL could be a 1-day loan that carries an APR of over 1400%.

On January 3, 2008, the IRS issued a request for comments regarding whether it should develop rules restricting the sharing of tax return information to market RALs, RACs, audit insurance and other financial products typically sold to low-income taxpayers.

It appears that the IRS has taken a modest, but positive step, toward RAL reform. However, the critical question is whether the IRS will actually take action after receiving comments, and write tough rules governing RALs.

IRS May Limit 'Instant Refund' Loans...

IRS Warns About New Email Scam

August 27, 2007
If you receive an email from the Internal Revenue Service saying you are under investigation, dont panic. The IRS says its the latest scam designed to fool people into downloading a program making their computers vulnerable to hackers.

The e-mail purporting to be from IRS Criminal Investigation falsely states that the person is under a criminal probe for submitting a false tax return to the California Franchise Tax Board.

The e-mail instructs recipients to click on a link or open an attachment to learn more information about the complaint against them. The IRS warned people that the e-mail link and attachment is a Trojan Horse that can take over the persons computer hard drive and allow someone to have remote access to the computer.

The IRS urged people not to click the link in the e-mail or open the attachment. Similar e-mail variations suggest a customer has filed a complaint against a company and the IRS can act as an arbitrator.

The latest versions appear aimed at business taxpayers as well as individual taxpayers.

The IRS said it does not send out unsolicited e-mails or ask for detailed personal and financial information. Additionally, the IRS never asks people for the PIN numbers, passwords or similar secret access information for their credit card, bank or other financial accounts.

Everyone should beware of these scam artists, said Kevin M. Brown, Acting IRS Commissioner. Always exercise caution when you receive unsolicited e-mails or e-mails from senders you dont know.

Recipients of questionable e-mails claiming to come from the IRS should not open any attachments or click on any links contained in the e-mails. Instead, they should forward the e-mails to phishing@irs.gov .

The IRS also sees other e-mail scams that involve tricking victims into revealing private personal and financial information over the Internet, a practice that is known as phishing for information.

The IRS and the Treasury Inspector General for Tax Administration work with the U.S. Computer Emergency Readiness Team (US-CERT) and various Internet service providers and international CERT teams to have the phishing sites taken offline as soon as they are reported.

Since the establishment of the mail box last year, the IRS said it has received more than 17,700 e-mails from taxpayers reporting more than 240 separate phishing incidents. To date, investigations by TIGTA have identified host sites in at least 27 different countries, as well as in the United States.

Other fraudulent e-mail scams try to entice taxpayers to click their way to a fake IRS Web site and ask for bank account numbers. Another widespread e-mail tells taxpayers the IRS is holding a refund (often $63.80) for them and seeks financial account information.

Still another email claims the IRSs anti-fraud commission is investigating their tax returns.

More Scam Alerts ...

IRS Warns About New Email Scam...

IRS Warns Of Virus Email Scam


The Internal Revenue Service says theres a new email scam making the rounds, masquerading as a stern warning from the tax collection agency. Those who click on an email attachment with the bogus message will unleash a nasty virus on their computers.

The e-mail purporting to be from IRS Criminal Investigation falsely states that the person is under a criminal probe for submitting a false tax return to the California Franchise Tax Board.

The e-mail seeks to entice people to click on a link or open an attachment to learn more information about the complaint against them. The IRS warned people that the e-mail link and attachment is a Trojan Horse that can take over the persons computer hard drive and allow someone to have remote access to the computer.

The IRS urged people not to click the link in the e-mail or open the attachment.

Similar e-mail variations suggest a customer has filed a complaint against a company and the IRS can act as an arbitrator. The latest versions appear aimed at business taxpayers as well as individual taxpayers.

The IRS said it does not send out unsolicited e-mails or ask for detailed personal and financial information. Additionally, the IRS never asks people for the PIN numbers, passwords or similar secret access information for their credit card, bank or other financial accounts.

Everyone should beware of these scam artists, said Kevin M. Brown, Acting IRS Commissioner. Always exercise caution when you receive unsolicited e-mails or e-mails from senders you dont know.

Recipients of questionable e-mails claiming to come from the IRS should not open any attachments or click on any links contained in the e-mails. Instead, they should forward the e-mails to phishing@irs.gov.

More Scam Alerts ...

IRS Warns Of Virus Email Scam...

Feds Sue Jackson Hewitt, Claiming "Pervasive" Tax Fraud

The Justice Department has sued five Jackson Hewitt tax preparation franchises who operate more than 125 retail tax preparation sotes in the Chicago, Atlanta, Detroit and Raleigh-Durham, N.C., areas., claiming they prepared fraudulent tax returns for their clients.

The suit also names 24 individuals who manage or work at the franchises.

The suits allege that one of the individual defendants, Farrukh Sohail of Atlanta, Ga., owns an interest in each of the five corporations, which prepared and filed over 105,000 federal income tax returns last year.

According to the government complaint, Sohail and other defendants "created and fostered a business environment" at the Jackson Hewitt franchises "in which fraudulent tax return preparation is encouraged and flourishes."

Examples of fraud alleged in the lawsuits include filing false returns claiming refunds based on phony W-2 forms; using fabricated businesses and business expenses on returns to claim bogus deductions; claiming fuel tax credits in absurd amounts for customers clearly not entitled to any credits; and massive fraud related to claiming the federal earned income tax credit.

One complaint cites a Jackson Hewitt franchise customer whose Jackson Hewitt-prepared tax return claimed he was a barber who was entitled to a fuel tax credit for buying 25,000 gallons of gasoline for off-highway business use. The complaint alleges the customer would have had to drive 1,370 miles each day, seven days a week, to consume that much fuel in one year, leaving little if any time to cut hair.

Last December, the Justice Department sued a Miami tax preparer alleging similar fraudulent claims of the fuel tax credit. In July 2006, a federal court in Miami enjoined a large Jackson Hewitt franchise from asserting frivolous positions on tax returns.

The suits further allege that some of the Jackson Hewitt franchises' managers and employees received kickbacks from customers for helping the customers file fraudulent tax returns. The suits further allege more than $70 million in combined losses to the U.S. Treasury, and seek court orders barring the franchises and other defendants from preparing tax returns for others.

"Preparing federal income tax returns based on falsehoods and fabrications is a serious violation of the law," said Eileen J. O'Connor, Assistant Attorney General for the Justice Department's Tax Division. "The Justice Department and Internal Revenue Service are working vigorously to put a stop to these activities."

"When practitioners prepare a false tax return, it has a corrosive impact on the tax system," said IRS Commissioner Mark W. Everson. "I am deeply disturbed by the allegation that a major franchisee of the nation's second-largest tax preparation firm is intentionally preparing improper tax returns with inflated refunds."

"I'm particularly concerned that many taxpayers of modest means could actually end up owing the government thousands of dollars if they claimed an improper refund," Everson said.

Since 2001, the Justice Department's Tax Division has obtained more than 230 injunctions to stop the promotion of tax fraud schemes and the preparation of fraudulent returns.

The current round of litigation is at least the fourth time that investigators have targeted Jackson Hewitt since July. In the most recent case, Jackson Hewitt agreed in January to pay $5 million to settle claims it steered low-income people in California to high-cost loans to tide them over while they awaited refunds.

In January, Jackson Hewitt agreed to pay $5 million, including $4 million in consumer restitution, to settle a lawsuit filed by California Attorney General Bill Lockyer.

The suit alleged that the nation's second-largest tax preparation firm violated state and federal laws in marketing high-cost refund anticipation loans (RALs) mainly to low-income customers.

Feds Sue Jackson Hewitt, Claiming ...

Don't Be Fooled By IRS Look-Alike Sites

By Mark Huffman
ConsumerAffairs.com

March 14, 2007
The Internet can be an unforgiving place. Make one small mistake typing in the address of the Web site you want to visit and you could end up someplace completely different.

The Internal Revenue Service is warning that some sites are apparently using similar addresses and a look similar to the official IRS site -- www.irs.gov -- to confuse taxpayers.

In a warning, the tax collection agency said it has noted the proliferation of Internet sites that contain some form of the Internal Revenue Service name or IRS acronym with a ".com," ".net," ".org" or other designation in the address instead of ".gov."

Since many of these sites also bear a striking resemblance to the real IRS site, taxpayers may be misled into thinking that the site they have accessed is indeed the official IRS government site. These sites are not the official IRS Web site and have no connection to the official IRS site or to the IRS.

"There is one legitimate IRS site: IRS.gov," said IRS Commissioner Mark W. Everson. "Always check carefully and make sure you know what Web site you are using."

Because ".com," ".net" and ".org" are such common parts of Internet addresses, taxpayers may automatically or inadvertently type these extensions, instead of ".gov," into the address line of their Web browser when trying to find the genuine IRS Web site.

Following recent concerns that Internet sites may be causing confusion among taxpayers, the IRS said is working with the Treasury Inspector General for Tax Administration on this matter. TIGTA has authority to review issues protecting the integrity of tax administration, including impersonation of the IRS. The IRS and TIGTA are committed to ensuring that taxpayers are not misled.

Although the IRS Web site offers interactive features, the tax or private financial information that these features ask the taxpayer for is extremely limited. The IRS reminds consumers who access unfamiliar sites, or sites they have never dealt with before, that they should never reveal any personal or financial information, such as credit, bank account or PIN numbers, without verifying the validity of the site.

The IRS also reminds consumers to be alert to an on-going Internet scam in which consumers receive an e-mail informing them of a federal tax refund. The e-mail, which claims to be from the IRS, directs the consumer to a link -- often a Web site resembling the IRS Web site -- that requests personal and financial information, such as Social Security number and credit card information.

This scheme is an attempt to trick the e-mail recipients into disclosing their personal and financial data. The practice is called "phishing" for information.

The information fraudulently obtained is then used to steal the taxpayer's identity and financial assets. Generally, identity thieves use someone's personal data to steal his or her financial accounts, run up charges on the victim's existing credit cards, apply for new loans, credit cards, services or benefits in the victim's name and even file fraudulent tax returns.

Taxpayers who receive an unsolicited e-mail purporting to be from the IRS should never click on any links in the message, open any attachments or provide any personal or financial information to the sender.

More Scam Alerts ...

Don't Be Fooled By IRS Look-Alike Sites...

IRS Warns of Common Income Tax Scams


Fraudulent telephone excise tax refunds top the list of income tax scams this year, according to the Internal Revenue Service.

This year the IRS' "Dirty Dozen" highlights five new scams that IRS auditors and criminal investigators have uncovered. Topping off the list are fraudulent refunds being claimed in connection with the special Telephone Excise Tax Refund available to most taxpayers this filing season. The IRS is actively investigating instances of this scam involving tax preparers who are preparing inflated refund requests.

Also new to the Dirty Dozen this year are abuses pertaining to Roth IRAs, the American Indian Employment Credit, domestic shell corporations and structured entities.

"Taxpayers shouldn't let their guard down," IRS Commissioner Mark W. Everson said. "Don't get taken by scam artists making outrageous promises. If you use a tax professional, pick someone who is reputable. Taxpayers should remember they are ultimately responsible for what is on their tax return even if some unscrupulous preparers have steered them in the wrong direction."

Involvement in tax schemes leads to problems for scam artists and taxpayers. Tax return preparers and promoters risk significant penalties, interest and possible criminal prosecution.

The IRS urges taxpayers to avoid these common schemes:

1. Telephone Excise Tax Refund Abuses: Early filings show some individual taxpayers have requested large and apparently improper amounts for the special telephone tax refund. In some cases, taxpayers appear to be requesting a refund of the entire amount of their phone bills, rather than just the three-percent tax on long-distance and bundled service to which they are entitled. Some tax preparers are helping their clients file apparently improper requests. The IRS is investigating potential abuses in this area and will take prompt action against taxpayers who claim improper refund amounts and against the return preparers who help them.

2. Abusive Roth IRAs: Taxpayers should be wary of advisers who encourage them to shift under-valued property to Roth Individual Retirement Arrangements (IRAs). In one variation, a promoter has the taxpayer move under-valued common stock into a Roth IRA, circumventing the annual maximum contribution limit and allowing otherwise taxable income to go untaxed.

3. Phishing is a technique used by identity thieves to acquire personal financial data in order to gain access to the financial accounts of unsuspecting consumers, run up charges on their credit cards or apply for loans in their names. These Internet-based criminals pose as representatives of a financial institution or sometimes the IRS itself and send out fictitious e-mail correspondence in an attempt to trick consumers into disclosing private information. A typical e-mail notifies a taxpayer of an outstanding refund and urges the taxpayer to click on a hyperlink and visit an official-looking Web site. The Web site then solicits a social security and credit card number. It is important to note the IRS does not use e-mail to initiate contact with taxpayers about issues related to their accounts. If a taxpayer has any doubt whether a contact from the IRS is authentic, the taxpayer should call 1-800-829-1040 to confirm it.

4. Disguised Corporate Ownership: Domestic shell corporations and other entities are being formed and operated in certain states for the purpose of disguising the ownership of the business or financial activity. Once formed, these anonymous entities can be, and are being, used to facilitate underreporting of income, non-filing of tax returns, listed transactions, money laundering, financial crimes and possibly terrorist financing. The IRS is working with state authorities to identify these entities and to bring their owners into compliance.

5. Zero Wages: In this scam, which first appeared in the Dirty Dozen in 2006, a Form 4852 (Substitute Form W-2) or a "corrected" Form 1099 showing zero or little income is submitted with a federal tax return. The taxpayer may include a statement rebutting wages and taxes reported by the payer to the IRS. An explanation on the Form 4852 may cite statutory language behind Internal Revenue Code sections 3401 and 3121 or may include some reference to the paying company refusing to issue a corrected Form W-2 for fear of IRS retaliation.

6. Return Preparer Fraud: Dishonest return preparers can cause many headaches for taxpayers who fall victim to their schemes. Such preparers make their money by skimming a portion of their clients' refunds and charging inflated fees for return preparation services. They attract new clients by promising large refunds. Some preparers promote filing fraudulent claims for refunds on items such as fuel tax credits to recover taxes paid in prior years. Taxpayers should choose carefully when hiring a tax preparer. As the old saying goes, "If it sounds too good to be true, it probably is." Remember that no matter who prepares the return, the taxpayer is ultimately responsible for its accuracy. Since 2002, the courts have issued injunctions ordering dozens of individuals to cease preparing returns, and the Department of Justice has filed complaints against dozens of others. During fiscal year 2006, 109 tax return preparers were convicted of tax crimes and sentenced to an average of 18 months in prison.

7. American Indian Employment Credit: Taxpayers submit returns and claims reducing taxable income by substantial amounts citing an American Indian employment or treaty credit. Although there is an Indian Employment Credit available for businesses that employ Native Americans or their spouses, there is no provision for its use by employees. In a somewhat similar scam, unscrupulous promoters have informed Native Americans that they are not subject to federal income taxation. The promoters solicit individual Indians to file Form W-8 BEN seeking relief from all withholding of federal taxation. A recent "phishing" variation has promoters using false IRS letterheads to solicit personal financial information that they claim the IRS needs in order to process their "non-tax" status.

8. Trust Misuse: For years unscrupulous promoters have urged taxpayers to transfer assets into trusts. They promise reduction of income subject to tax, deductions for personal expenses and reduced estate or gift taxes. However, some trusts do not deliver the promised tax benefits. There are currently more than 150 active abusive trust investigations underway and 49 injunctions have been obtained against promoters since 2001. As with other arrangements, taxpayers should seek the advice of a trusted professional before entering into a trust. 

9. Structured Entity Credits:  Promoters of this newly identified scheme are setting up partnerships to own and sell state conservation easement credits, federal rehabilitation credits and other credits. The purported credits are the only assets owned by the partnership and once the credits are fully used, an investor receives a K-1 indicating the initial investment is a total loss, which is then deducted on the investor's individual tax return. Forming such an entity is not a viable business purpose. In other words, the investments are not valid, and the losses are not deductible.

10. Abuse of Charitable Organizations and Deductions: The IRS continues to observe the use of tax-exempt organizations to improperly shield income or assets from taxation. This can occur when a taxpayer moves assets or income to a tax-exempt supporting organization or donor-advised fund but maintains control over the assets or income. Contributions of non-cash assets continue to be an area of abuse, especially with regard to overvaluation of contributed property. In addition, the IRS is noticing the return of private tuition payments being disguised as charitable contributions to religious organizations.

11. Form 843 Tax Abatement: This scam rests on faulty interpretation of the Internal Revenue Code. It involves the filer requesting abatement of previously assessed tax using Form 843. Many using this scam have not previously filed tax returns and the tax they are trying to have abated has been assessed by the IRS through the Substitute for Return Program. The filer uses the Form 843 to list reasons for the request. Often, one of the reasons is: "Failed to properly compute and/or calculate IRC Sec 83-Property Transferred in Connection with Performance of Service."

12. Frivolous Arguments: Promoters have been known to make the following outlandish claims: the Sixteenth Amendment concerning congressional power to lay and collect income taxes was never ratified; wages are not income; filing a return and paying taxes are merely voluntary; and being required to file Form 1040 violates the Fifth Amendment right against self-incrimination or the Fourth Amendment right to privacy. Don't believe these or other similar claims. These arguments are false and have been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law.

IRS Still Watches Scams That Fall Off the List

Five of last year's Dirty Dozen tax scams rotated off the list for 2007. While the IRS has seen a decline in the occurrence of some of these scams abusive credit counseling agencies, for example other problems, such as offshore abusive transactions continue to be an area of particular concern for the agency. The absence of a particular scheme from the Dirty Dozen should not be taken as an indication that the IRS is unaware of it or not taking steps to counter it.

IRS Warns of Common Income Tax Scams...

Poor Americans Missing Billions in Earned-Income Tax Benefits


A new report finds that more than 3.8 million low-income working households nationwide may have missed out on the Earned Income Tax Credits they were entitled to.

The report, from the Association of Community Organizations for Reform Now (ACORN) also examines the prevalence of Refund Anticipation Loans (RALs) and the amount of money siphoned off through this predatory practice.

Research by the General Accounting Office (GAO) and IRS indicates that between 15 to 25 percent of households who have earned the EITC do not claim their credit. Based on a 15 percent unclaimed rate, low-wage working families did not cash in on more than $7 billion in EITC dollars.

For example, in Atlanta approximately 13,900 low-income working households missed out on over $28.5 million in EITC refunds to which they are entitled. The report also shows that approximately 34,900 EITC recipients -- 44% of the households in Atlanta who received the EITC -- paid for a RAL in 2005 in order to get their refund, costing them more than $4.5 million in RAL fees.

During the coming tax season, ACORN said it will conduct a grassroots door-to-door outreach campaign to help more families claim their EITC benefits.

ACORN will also open a free tax preparation center to enable families to keep more of the money they earned by not spending it on tax preparation and RALs. The tax service started this week at ACORN office nationwide through the end of tax season.

The ACORN Tax Center can electronically file current-year taxes and also provide fast refunds for those taxpayers who would like their refunds direct-deposited into their bank account, usually in as few as 10 days.

The Tax Center is part of the IRS's VITA program (Volunteer Income Tax Assistance). ACORN is operating 90 tax centers across the country.

Poor Americans Missing Billions in Earned-Income Benefits...

Tax Refund Loans Gouge Taxpayers


Some of America's most cash-strapped taxpayers -- those from low- and moderate-income families -- spent nearly $1 billion in the latest year recorded for what is almost always an unnecessary product: the so-called "refund anticipation loan" at income tax time.

With another tax season gearing up, consumer advocates at the National Consumer Law Center (NCLC) and Consumer Federation of America (CFA) are warning taxpayers to steer clear of refund anticipation loans (RALs), one of the most avoidable tax-time expenses.

New figures reveal that RALs drained about $960 million in loan fees, plus over $100 million in other fees, from the wallets of nearly 9.6 million American taxpayers in 2005.

"Taxpayers can save themselves over a billion dollars by just saying no' to quick tax refund loans," says NCLC staff attorney Chi Chi Wu. "These loans take a chunk out of your hard earned tax refund, and they expose you to the risk of unmanageable debt if your refund doesn't arrive as expected."

RALs Examined

RALs are extremely high-cost bank loans secured by the taxpayer's expected refund -- loans that last about 7-14 days until the actual IRS refund repays the loan. That's the first indicator of just how unnecessary most RALs are: Most taxpayers could have their refund in two weeks or less even without the costly loan.

"Taxpayers who want quick refunds can get them in two weeks or less by using electronic filing and having refunds directly deposited into their own bank accounts," says Jean Ann Fox, director of consumer protection for CFA, "That's a quick refund, and it's also free."

RALs cost from about $30 to over $125 in loan fees. Some tax preparers also charge a separate fee, often called an "application" or "document preparation" fee, of about $40. The effective annual interest rate (APR) for a RAL can range from about 40% to over 500%.

If application fees are charged and included in the calculation, the effective APRs range from about 57% to over 1,100%.

Consumer use of RALs dipped significantly in 2005, but remains at high levels. Using the most recent data available from the IRS, NCLC and CFA calculate that approximately 9.6 million taxpayers received RALs in the 2005 tax-filing season (for tax year 2004). For that year alone, about 1 in 13 tax returns involved a RAL.

Although high, these 9.6 million RALs represent a significant decline from the 12.4 million RALs reported for 2004 (for tax year 2003). The reasons for this decline are not certain, but may include increased public scrutiny around RALs, better consumer awareness, and improved data reporting requirements by IRS.

150% Interest

This year, a RAL for an average refund of around $2,500 will cost about $100 at some tax preparers, translating into an effective APR of 150%. However, H&R Block has lowered the fee for RALs in that range by 40%, to $60.

Block has reported that these RALs bear an APR of 36%; however, that figure does not include the fee for the temporary "refund account" in its calculation, which if included about doubles the APR.

A RAL loan fee is in addition to tax preparation fees averaging $150 and, in some cases, an application fee of about $40. H&R Block does not charge an application fee, but some other franchise offices of commercial chains, as well as independent tax preparers, may charge a fee. A RAL for $2,500 will bear an effective APR of about 200%, based on $100 RAL loan fee and $40 application fee.

Tax preparers and their bank partners also offer an "instant" same day RAL for an additional fee, from $20 to $55. In addition, the industry has been pitching "holiday" and "pay stub" RALs, which are made prior to the tax filing season, before taxpayers receive their IRS Form W-2s and can file their returns.

Pay stub RALs are made in January using the year-end pay stub information, while holiday RALs are made by tax preparers during November and December.

The National Consumer Law Center and Consumer Federation issued a report in November 2006 on these products.

Better Alternatives

Taxpayers tempted by RALs should considered cheaper and better alternatives. For example, both the Volunteer Income Tax Assistance (VITA) program and AARP's TaxAide offer free tax preparation for low-income taxpayers. The IRS Free File program is available for taxpayers who earn $52,000 or less, and RALs are no longer marketed through that program (www.irs.gov).

Some of the free tax preparation programs can also help taxpayers open bank accounts, which allow them to take advantage of the speed of a direct-deposited refund using electronic filing.

This year the IRS is allowing taxpayers to electronically deposit their tax refunds in up to three accounts with Form 8888. Refunds can be split by depositing into both checking and savings accounts. H&R Block has unveiled a new electronic debit-card based bank account in which customers can direct deposit refunds, a less expensive option than a RAL.

Risks of RALs

In addition to their high costs, RALs can be a risky proposition. A RAL must be repaid even if the taxpayer's refund is denied, is smaller than expected, or frozen (something that the National Taxpayer Advocate has noted happens to hundreds of thousands of taxpayers, particularly Earned Income Tax Credit recipients).

If the taxpayer cannot pay back the RAL, the lender may send the account to a debt collector. The unpaid RAL will also show up as a black mark on the taxpayer's credit record. If the taxpayer applies for a RAL or other refund financial product from a commercial preparer next year, she may find that her next year's refund gets grabbed to repay this year's unpaid RAL debt.

The California Attorney General's Office recently reached a settlement that required Jackson Hewitt to reform its procedures surrounding this form of debt collection, as well as with respect to other practices, and to pay $4 million in consumer refunds and $1 million in penalties and costs.

Information from tax returns will be shared with the lending bank when consumers apply for refund anticipation loans. As long as a taxpayer signs the right form, IRS rules permit tax return information to be shared with a third party.

The IRS held public hearings in April 2006 on proposed changes to its privacy rules but has not issued new rules for this tax season.

"Tax returns are a financial data goldmine for marketers," said Jean Ann Fox, director of consumer protection for Consumer Federation of America. "Look closely at every form that requires your signature to stop tax preparers from using your information for purposes other than filing the tax return."

Tax Refund Loans Gouge Taxpayers...

H&R; Block Doesn't Block Identity Theft

Financial giant H&R Block's TaxCut software is designed to help users avoid nasty surprises when calculating their taxes. But many past and present customers of Block were surprised in a different way recently, as they received unsolicited copies of TaxCut in packages that prominently displayed their Social Security number (SSN) on the outside.

The recipient's SSN is embedded in a string of numbers printed on the shipping label, and many confused individuals had received a notice about the error long before they received the package. Some haven't received any package at all.

ConsumerAffairs.com has received numerous complaints from readers who have been notified of this error by H&R Block. "I haven't received [the software], and I have no idea who has this package with my [SSN]," writes Madie from Alvin, TX.

H&R Block has published a Web site -- www.taxcut.com/answers -- detailing the error. As Sara from Brooklyn, New York points out, the description of the problem actually makes it worse, and may encourage identity thieves to decipher the SSN's embedded in the mailing information.

"The Web site addresses a huge disparity in the mailing process used to send the software," she says. "The software, sent via third class mail, may not reach the 'consumer' until after the receipt of the letter notifying the consumer of the issue. This essentially advertises the mistake to the general public, and puts [everyone who receives] this software at risk."

Sara received both an unsolicited copy of H&R's TaxCut software and the letter notifying her of the error. "Worst part -- I have not used H&R Block in at least 3 years."

Unfortunately for Sara, 3 years is the amount of time tax preparers are required to keep information by the IRS. According to H&R Block, they only keep the information in "electronic form," which could easily lead to fraudulent attempts to access tax records if a thief was able to obtain a customer's SSN.

Not only that, H&R Block explains exactly how the SSN is hidden in the package label in its warning: "The nine digits of your SSN were embedded in a long string of characters that made up the source code for the TaxCut mailing. Although you would recognize your own SSN in such a string, it was not formatted in a way that would make it stand out or make it obvious to others that it was an SSN."

Although the possibility that identity thieves could pick out user SSNs from the random string is not great, it exists nonetheless.

Enterprising fraudsters who might have received the CD by mistake could take the intended recipient's name and use one of the many public search engines to track them down and get more information on them.

And because H&R Block mailed these CD's to their customers' last known addresses, there may be hundreds of them unaccounted for. As H&R Block admits they were targeting former customers -- who may have moved since last using the company's software -- the potential for abuse is great indeed.

H&R Block Doesn't Block Identity Theft...

IRS Scales Back Outsourcing Plans


The mad push by the Internal Revenue Service to privatize or outsource the majority of its functions has slowed somewhat.

The agency reports that it is planning to reduce a $103 million contract with IAP Worldwide Services, changing the plan to outsource its data collections from seven centers to just two.

The IRS said that the outsourcing was reduced to ensure "to ensure that a sufficient number of employees with the required training and security clearances are in place to manage the files during the upcoming filing season."

In addition, the IRS also announced that it was terminating a plan to outsource the technical support of over 100,000 of its computer workstations to a third party, according to Information Week.

Federal IRS employees hailed the decisions and criticized the IRS for pushing so heavily to contract out the bulk of its duties.

Colleen Kelley, president of the National Treasury Employees' Union (NTEU), chided the agency for contracting with IAP despite the fact that IAP recently admitted it would not have five of the original seven data centers ready by the beginning of tax filing season.

Kelley also criticized the agency for not performing better oversight of the contractors it works with, especially in terms of ensuring the privacy of individuals' Social Security numbers.

"For an agency like the IRS, with such a poor record of contractor oversight, these actions are virtually open invitations to disaster for taxpayers," Kelley said.

The Government Accountability Office (GAO) has issued several reports warning that government agencies, particularly the IRS, have not been doing enough to protect Social Security numbers, due to differing internal rules and lack of oversight.

The IRS was singled out for not providing better oversight and training for its contractor partners, as well as for employees with security-sensitive duties, according to the GAO. The watchdog office did note that the IRS made "significant progress" in remedying the issues.

Debt Collection

Of particular concern was the IRS' controversial plan to outsource some of its debt collection operations to private contractors.

The practice has been criticized for being too costly to the IRS, and for opening up Americans to privacy risks and abuse from debt collectors who are not bound by government regulations.

The GAO found that though the IRS had made progress in improving the rollout of the private collection program, it failed to properly account for its costs. The fees the debt collection agencies may charge could wipe out any cost savings from the program.

The IRS has had no better luck with contracting out software upgrades. An attempt to upgrade the agency's "Electronic Fraud Detection System" was botched due to the contractors' failure to get the system rolled out on time, as well as repeated cost overruns and lack of oversight.

The failure meant the IRS gave out as much as $318 million for fraudulent returns in 2005.

A recent survey commissioned by the IRS Oversight Board found that 41 percent of taxpayers have contacted the IRS at least once in the past two years, and that 80 percent of the respondents rated the IRS' service as good or better than other government agencies.

IRS Scales Back Outsourcing Plans...

New IRS Online Payment System Raises Privacy Fears


The Internal Revenue Service (IRS) is creating a new system for delinquent taxpayers to set up payment agreements via the Web, rather than by phone or mail.

The Online Payment Agreement Application will enable tax preparation organizations to help their clients set up payment plans through back taxes, whether through automatic monthly debit or payroll deduction.

"This new system reduces taxpayer burden by providing the convenience of online service during extended hours and on weekends," IRS Commissioner Mark Everson said.

No information was forthcoming regarding the application's level of security, the details of how it would work, or whether it would be available to individual taxpayers who were not working with tax preparation agencies. The service is scheduled to go online later this year.

The IRS has been making several moves to modernize its payment processing systems and upgrade its outdated collections systems, but many of the new proposals have privacy advocates and consumer organizations worried.

The Senate recently voted on changes to the tax code that included enabling the IRS to contact taxpayers via e-mail, and allowing law enforcement to view tax records without privacy safeguards for the taxpayers involved.

Ironically, the IRS has been issuing frequent warnings to taxpayers not to fall for "phisher" e-mails sent by hackers who want consumers' financial information.

In March, the IRS announced plans to enable tax preparers to sell taxpayers' personal information to unrelated third-party groups. The change to IRS privacy regulations would enable tax preparers to sell financial information to data brokers and other interested groups if they obtained the taxpayer's written consent.

The announced IRS changes led to severe criticism by consumer advocates and letters of objection from attorneys general in 46 states and the District of Columbia. California Attorney General Bill Lockyer said that the proposed rules would "erode consumer privacy and the security of sensitive personal information."

During hearings held before the Senate Finance Committee on changes to the tax code, a report by the Government Accountability Office (GAO) indicated widespread errors and failures on the part of many tax preparation organizations when it came to filing tax returns, including taxpayer overpayments and failure to note deductions.

During those hearings, Nina Olson, the National Taxpayer Advocate, counseled the need for retaining strong privacy protections for taxpayer information.

"If taxpayers begin to believe that they are losing control over the privacy of their personal and financial information, I am concerned that we could see a discernable decline in compliance," she said.

"I believe our general rule should continue to be that taxpayer return information is kept confidential, and exceptions should be authorized only where there is a compelling need for the information and it cannot be readily obtained elsewhere."

New IRS Online Payment System Raises Privacy Fears...

Feds Surrender, Kill 108-Year-Old Telephone Tax

The Treasury Department says it will eliminate a tax on long-distance telephone calls and refund about $13 billion collected from consumers.

Noting that it's not often that the government kills a tax, Treasury Secretary John Snow announced the federal excise tax on telephone service will officially expire at the end of July.

Originally established in 1898 as a "luxury" tax on wealthy Americans who had telephones, the federal excise tax on telephone calls is not compatible with today's modern information-age society.

It was adopted under the War Revenue Act as a temporary levy to help fund the Spanish-American War. The war, which ended in October of that year, established the independence of Cuba, ceded Puerto Rico and Guam to the United States, and allowed the U.S. to purchase the Philippines Islands from Spain for $20 million.

The tax was repealed in 1902 but didn't stay gone for long. It was reintroduced during World War I and was subsequently used to fund the nation's military activities during World War II, the Korean War and the Vietnam War.

The tax was given permanent status in 1990 and now stands at 3 percent of a consumer's monthly phone bill. It raises about $6 billion a year for general federal expenditures, including military spending.

In recent years, opponents of the Iraq War have refused to pay the excise tax, citing its long history of funding military activities.

Not surprisingly, telecommunications interests have long inveighed against it.

"We think it's antiquated and has no place in a modern economy," said Joe Farren, a spokesman for telecom industry group that represents wireless carriers. "We think this tax is outrageous and shouldn't be assessed."

It was not a tax that went gently into the night. The Treasury Department engaged in a long-running legal dispute before finally conceding defeat.

The Department of Justice will no longer pursue litigation and the Internal Revenue Service (IRS) will issue refunds of tax on long-distance service for the past three years.

Taxpayers will be able to apply for refunds on their 2006 tax forms, to be filed in 2007.

"Today is a good day for American taxpayers; it marks the beginning of the end of an outdated, antiquated tax that has survived a century beyond its original purpose, and by now should have been ancient history," Snow declared.

"The Federal Appeals courts have spoken across the board. It's time to 'disconnect' this tax and put it on the permanent 'do not call' list," he said.

Government officials said no immediate action is required by taxpayers. Refunds will be a part of 2006 tax returns filed in 2007.

Refund claims will cover all excise tax paid on long-distance service over the last three years (time allowed given statute of limitations). Interest will be paid on refunds. The IRS is working on a simplified method for individuals to use to claim a refund on their 2006 tax returns.

Feds Surrender, Kill 108-Year-Old Telephone Tax...

Long Island Property Tax Consultant to Make Refunds

New York Attorney General Eliot Spitzer has reached a settlement with an East Hills company alleged to have overcharged Long Island residents who relied on the firm for advice in challenging their property tax assessments.

Under the settlement, Property Tax Reduction Consultants, Inc. (PTRC), will provide $400,000 in refunds to thousands of homeowners.

"Homeowners seeking relief from unduly high tax assessments are entitled to accurate information and billings from those who claim to be acting in their best interests," Attorney General Spitzer said.

PTRC is one of many companies on Long Island that specialize in the business of protesting residential property assessments. PTRC assists homeowners with the paperwork associated with protesting an assessment and charges a fee of 50 percent of the property owner's tax savings on successful protests.

In a complaint filed with the settlement agreement, PRTC is alleged to have used incorrect estimates of the tax savings of assessment reductions, overstating the actual savings to homeowners and inflating its fee.

For example, one homeowner was notified by PTRC that he would receive a tax reduction of $1,783. PTRC billed the homeowner 50 percent of the tax reduction or $891. However, because the homeowner was entitled to a low-income senior citizen exemption from paying taxes on approximately 40 percent of his property's assessed value, his actual tax savings were only $1,198. PTRC should have only billed for 50 percent of that amount or $599, an overbilling of $292.

Under the settlement, PTRC will make restitution of approximately $400,000 to homeowners and will pay $250,000 in penalties and $2,000 in costs. The company has also agreed to reform its billing practices. It will also retain relevant records for inspection by the Attorney General's Office.

"If it was not for the review of my office and the actions of Attorney General Spitzer, thousands of homeowners would have been overbilled by hundreds of thousands of dollars. This settlement should send a clear message to all businesses engaged in property assessment protests that their actions are being closely scrutinized and that they need to become more familiar with the property tax structure as it exists in Nassau County," said Harvey Levinson, Chairman of the Nassau County Board of Assessors.

Long Island Property Tax Consultant to Make Refunds...

H&R Block Threatened Employees, Spitzer Charges

New York Attorney General Eliot Spitzer says tax preparation giant H&R Block threatened tax preparers who refused to push IRAs loaded with hidden fees and low interest rates.

Spitzer amended a lawsuit he filed against Block on March 15, citing additional evidence of fraudulent marketing of individual retirement accounts.

In his original complaint, Spitzer alleged that the H&R Block Company steered hundreds of thousands of customers into IRAs that were almost guaranteed to lose money. The complaint cited e-mails in which H&R Blocks own employees characterized the companys Express IRA as a bad investment that they could not in good conscience recommend to clients.

In an amended complaint, the Attorney General cites new evidence showing that the companys senior management did more than simply ignore the concerns of its tax preparers; management penalized H&R Block tax professionals who refused to push the product.

"In addition to designing a flawed product with hidden fees and marketing it fraudulently to unsuspecting customers, senior management steam-rolled conscientious employees who objected to the fact that clients were losing money," Spitzer said.

The newly-obtained evidence cited in the amended complaint includes statements by former H&R Block employees indicating that:

• Managers disregarded complaints from tax preparers about misleading marketing of the Express IRA;

• Managers instructed tax preparers "to make a positive presentation" of the Express IRA and "avoid mention of negatives;"

• Managers told tax preparers at conferences to "sell more IRAs" or "theres the door;"

• As late as the current tax season (2006), tax professionals who refused to sell the Express IRA because it was not appropriate for their clients had their access to customers limited by managers.

H&R Block introduced the Express IRA in 2002, claiming that it "paid great rates" and was "a better way to save," but the product paid less than one percent interest at times, and 85 percent of those who enrolled paid more in fees than they earned in interest.

The lawsuit specifically alleges that H&R Block failed to adequately disclose its fees to customers, failed to warn them that the interest paid would not cover the fees in certain circumstances, and misleadingly described interest rates as "great" when they were actually low.

This incomplete and misleading disclosure violated New Yorks consumer fraud law and was a breach of the companys fiduciary duty to its clients, Spitzer alleged.

Settlement discussions earlier this year broke down when the company balked at making full refunds to customers for undisclosed fees. The company now faces statutory penalties of up to $250 million if found to have violated the law.

H&R Block Threatened Employees, Spitzer Charges...

Senators Push for Electronic Tax Filing

By Truman Lewis
ConsumerAffairs.com

April 12, 2006
Does it seem absurd that the Internal Revenue Service has the capacity to scam and electronically process millions of tax returns it receives via postal mail but claims it doesn't have the capacity to receive the same returns electronically, via the Internet?

Sen. Charles Grassley (R-Iowa), who heads the Senate Finance Committee, thinks so. And so does Sen. Max Baucus (D-Mont.), the ranking Democrat on the committee. They want the agency to give some thought to accepting electronic returns directly from taxpayers.

Currently, the IRS requires taxpayers to use a paid preparer or commercial tax preparation software, which adds cost and complexity to the task and also exposes taxpayers to frauds, scams and rip-offs.

Republicans in the House, on the other hand, have put the heat on the IRS to curtail its service to taxpayers, lest it offer for free a service that commercial interests can charge for.

Treasury Secretary John Snow last week assured a House Appropriations subcommittee that the IRS would not try to compete with the private sector in tax preparation.

"We're not software development people," Snow told Rep. Todd Tiahrt, R-Kan, ignoring the fact that IRS runs a huge data processing operation.

That was music to the ears of pro-business House members. But Grassley and Baucus found it a little flat. Grassley said there is "plenty of room" for the software industry to develop value-added products but no reason the IRS can't make it possible for taxpayers to file simple returns on-line.

The IRS several years ago set up an alliance of private companies who supposedly offer free electronic filing. The program, called Free File, used to operate under a contract that required companies to offer the free services to 60 percent of taxpayers.

This year, a new contract put a cap on the number of taxpayers who can get free software. That means 70 percent of taxpayers, or those making $50,000 or less, qualify and can use the software to file their tax returns or, in some cases, file for extensions.

But participation in the program is down about 22 percent this year, possibly because of the income cap.

Another, perhaps likelier, factor is the difficulties and unexpected expenses taxpayers have encountered in trying to use the "Free File" service. Many have wound up being charged for services they were led by their own government to think would be free.

Take Bonnie of Flatwoods, Ken. She was led to Express Tax Refund by the Free File program last year.

"I filed my tax return online at this site which implied the service was free only to find out that they are going to charge me over $137.00. I called the bank that they go through which is Santa Barbara Bank ... I am disabled on a fixed income and can not afford what these people are doing to me."

H&R Block, which has more than a few friends in Congress, also slapped taxpayers with unexpected bank fees.

"I used their 'free' file service this year linked to from the IRS website," Chris of New London, Conn., told ConsumerAffairs.com. "At the beginning of the session, they asked if I wanted my refund to go to a special debit card. I read far enough into the terms & conditions to see that fees applied and went back and said no."

But Chris found that, despite his rejecting the "offer," his refund was coming his way via an HSBC debit card.

"I did call the IRS and there is nothing they can do to stop my return from being processed or my refund from being hijacked by HSBC," Chris said. "The person I talked to did say that this year he has received more calls complaining about H&R block doing this to people than people calling about tax questions."

It's not only taxpayers who are complaining about problems with Free File. IRS Taxpayer Advocate Nina Olson tested the 20 private sites participating in the IRS Free File program and found them hard to navigate. She compared it to "living in the wild, wild West."

Olson said the government should put a basic tax form online and let taxpayers fill it in and file it directly to the IRS without charge.

Or, as ConsumerAffairs.com's James R. Hood put it in a recent article on tax problems: "Pardon our French, but what the hell is the tax collector doing if it's too busy to collect taxes?"

Senators Push for Electronic Tax Filing...

NY Accuses H&R Block of IRA Marketing Fraud

New York Attorney General Eliot Spitzer has filed suit against H&R Block, the nation's largest tax preparation company, accusing it of fraudulent marketing of individual retirement accounts (IRAs).

The suit alleges that the H&R Block Company steered hundreds of thousands of its clients into IRAs that were virtually guaranteed to lose money because of a combination of hidden fees and low interest rates.

"The conduct described in today's complaint is particularly appalling because many of those hardest hit were working families who struggle to save," Spitzer said.

"Instead of providing these families with accurate information that would have allowed them to make informed choices, H&R Block steered them into retirement accounts that actually shrank over time."

The Attorney General's office began the investigation in 2005 after receiving information from an H&R Block tax preparer.

Over the past four years, H&R Block opened more than half a million "Express IRA" accounts for its tax preparation clients. Customers were told that the IRA paid "great rates" and was "a better way to save," but 85 percent of the customers who opened the accounts paid the company more in fees than they earned in interest.

More than 150,000 H&R Block customers closed their accounts, incurring additional undisclosed fees, as well as nearly $6 million in tax penalties.

The civil complaint cites internal documents showing that H&R Block's senior management knew that many of its customers were losing money on their Express IRAs.

For example, in a 2002 email to Mark Ernst, the company CEO, a district manager complained about the impact of these accounts on customers: "I really don't think maintenance fees should exceed the amount of interest that we are paying on these accounts. Clients won't be happy seeing [their] investments decreasing ..."

Ernst forwarded this email to the Express IRA product manager and added his own comments: "The attached note . . . reflects the general sense that I think exists -- that Express IRA is the right thing for our clients, but the product is designed to nickel and dime clients to the point where our field people [don't] feel as good about the product as they should... ."

Some H&R Block employees (including the person who brought the information to the Attorney General) actually refused to promote the product to clients.

In 2003, an internal H&R Block report prepared by the Express IRA product manager described the growing concerns of tax professionals about the product in the following way:

"Top 4 reasons tax pros are not offering the product:

1. $15 setup fee 'it's too steep for my clients'
2. $15 recontribution fee 'they've already paid once, why charge them again?'
3. Low interest rate 'my client will never make up the fee'
4. $10 annual maint. fee 'my clients have to pay this in addition to the $15 fee.'"

The company's management took no action to address these concerns. Instead, H&R Block continued to tout the Express IRA as a good way for lower and moderate income people to save.

The complaint contends that the company pushed the Express IRA in an effort to encourage repeat customers for its tax preparation services and to maximize its fee revenue.

Spitzer's lawsuit specifically alleges that H&R Block, based in Kansas City, failed to adequately disclose its fees to its customers, failed to warn that the interest paid would not cover the fees in certain instances, and misleadingly described the interest rates as "great" when they were at times less than one percent annually.

This misleading and incomplete disclosure violated New York's consumer fraud law and was a breach of the company's fiduciary duty to its clients, the AG's office said. Relief sought includes an injunction from further violations of New York law, damages and civil penalties.

The company said it would defend itself against the allegations.

NY Accuses H&R Block of IRA Marketing Fraud...

IRS Warns of Tax Scams

With taxpayers headed down the home stretch toward the income tax filing deadline, the Internal Revenue Service is warning once again not to be fooled by the growing number of scams that use the IRS name and logo.

The agency says those who fall for the scam will likely become victims of identity theft, or have their bank accounts looted.

"Fraudsters may use the IRS name because most consumers recognize it, have had prior communication with or from the IRS, such as receiving annual tax form and instruction packages, and have previously provided the IRS some financial data, such as that contained on tax returns," the agency said in a consumer alert.

As a general rule, the IRS does not send out unsolicited e-mails or ask for detailed personal information. Additionally, the IRS said it does not ask people for the PIN numbers, passwords or similar secret access information for their credit card, bank or other financial accounts.

Tricking consumers into disclosing their personal and financial data, such as secret access data or credit card or bank account numbers, is identity theft. Such schemes perpetrated through the Internet are called "phishing" for information.

The information fraudulently obtained is then used to steal the taxpayer's identity and financial assets.

Typically, identity thieves use someone's personal data to steal his or her financial accounts, run up charges on the victim's existing credit cards, apply for new loans, credit cards, services or benefits in the victim's name and even file fraudulent tax returns.

Identity theft usually causes immediate financial losses for the victims, who may also encounter lingering credit and other problems.

Identity theft schemes take numerous forms. Identity theft may be conducted by e-mail (phishing), standard mail, telephone or fax. Thieves may also go through trash looking for discarded tax returns, bank records, credit card receipts or other records that contain personal and financial information.

When the IRS learns about schemes involving use of the IRS name, it tries to alert consumers as well as authorities that can shut down the scheme, if possible.

The following are examples of recent schemes:

Phony e-mails e-Mails claiming to come from tax-refunds@irs.gov, admin@irs.gov or other variations on the irs.gov theme told the recipients that they were eligible to receive a tax refund for a given amount.

It directed recipients to claim the refund by using a link contained in the e-mail which sent the recipient to a Web site. The site, a clone of the IRS Web site, displayed an interactive page similar to a genuine IRS one; however, it had been modified to ask for personal and financial information that the genuine IRS interactive page does not require.

The Treasury Inspector General for Tax Administration has reported that it found 12 separate Web sites in 11 different countries hosting variations on this scheme.

Bogus letters A bogus IRS letter and Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding) asked non-residents to provide personal information such as account numbers, PINs, mother's maiden name and passport number.

The legitimate IRS Form W-8BEN, which is used by financial institutions to establish appropriate tax withholding for foreign individuals, does not ask for any of this information.

To protect against potential identity thieves, take the following steps:

• Be skeptical of communications you receive from sources you are not expecting. Verify the authenticity of phone calls, standard mail, faxes or e-mails of questionable origin before responding.

• Do not reveal secret passwords, PINs or other security-based data to third parties; genuine organizations or institutions do not need your secret data for ordinary business transactions.

• Do not click on links contained in possibly questionable e-mails; instead, go directly to the site already know to be genuine. For example, the only address for the IRS Web site is www.irs.gov any other variations on this will not lead to the legitimate IRS Web site.

• Do not open attachments to e-mails of possibly questionable origin, since they may contain viruses that will infect your computer.

• Shred paper documents containing private financial information before discarding.

IRS Warns of Tax Scams...

H&R Block Goofs on Its Own Taxes

Tax preparation giant H&R Block has a little problem. It miscalculated its own state income taxes, understating its liabilities by $32 million as of April 30, 2005. The company has also had serious problems with its in-house computer network.

The Irvine, California-based company will need to restate its fiscal year 2004 and 2005 results, as well as its previously reported results for fiscal 2006, reducing its earnings for both years.

The snafu sent the company's stock price lower and gave it a black eye at the height of tax preparation season, although the actual financial impact is likely to be slight.

"While likely embarrassing for the nations leading tax preparation company, the restatement is fairly immaterial," wrote analyst Alexander Paris Jr. of Barrington Research Associates in a research note.

The admission came as the company reported its third quarter 2006 financial results. Because of a consumer class action lawsuit, net earnings were down from the third quarter of fiscal 2005, when Block had net earnings of $92.3 million, or $0.28 per share.

Block attributed the decline to an after-tax charge of $31.7 million, or $0.10 per share, from a legal settlement and legal costs arising from the $360 million settlement of a class action suit that accused it of gouging consumers who took out refund anticipation loans at interest rates frequently exceeding 100 percent.

The state of California filed a similar suit against H&R Block last week and Attorney General Bill Lockyer said damages could total "hundreds of millions" of dollars.

Technical Snafus

Besides bungling its own taxes, H&R Block had serious problems with its in-house computer network that cut into its business in January.

"Technology problems across the H&R Block network in early January impacted our ability to serve clients in those crucial early weeks," said Block Chairman Mark A. Ernst.

He said the problems had been corrected, but they impacted the company's ability to serve 250,000 clients who were trying to get an early start on their taxes.

Analysts speculated the internal technical troubles could reflect badly on the company's TaxCut software, to the benefit of its primary competitor, Intuit's TurboTax.

Other tax preparation chains, such as Jackson Hewitt Tax Service, could also see increased business.

H&R Block Goofs on Its Own Taxes...

California Sues H&R Block


California Attorney General Bill Lockyer today sued H&R; Block alleging the tax preparation giant has violated 15 state and federal laws in marketing and providing high-cost refund anticipation loans (RALs), mainly to low-income families.

Damages could total "hundreds of millions" of dollars, Lockyer said.

"Millions of Californians have placed their trust in H&R; Block, and unfortunately H&R; Block has repaid them by violating that trust," said Lockyer.

"In marketing and selling these expensive loans, H&R; Block has profited greatly, but deceived consumers, violated their privacy rights and taken money from California families who can least afford it."

The lawsuit seeks to hold the company accountable for unlawful business practices, prevent future violations and compensate victims, Lockyer added.

Lockyer filed the complaint in San Francisco Superior Court, along with a request that the court issue a temporary restraining order (TRO) to prohibit H&R Block from engaging in deceptive debt collection practices related to RALs.

The complaint asks the court to require the defendants to pay restitution to harmed consumers, plus at least $20 million in civil penalties. The complaint does not specify the total restitution amount, but Lockyer estimat ed the maximum could reach into the hundreds of millions of dollars.

The defendants include H&R; Block, Inc. and the following subsidiaries of the Kansas City, Missouri-based firm: H&R; Block Services, Inc.; H&R; Block Enterprises, Inc.; H&R; Block Tax Services, Inc.; Block Financial Corporation; and HRB Royalty, Inc.

The complaint alleges the H&R; Block defendants have violated 15 state and federal laws that regulate debt collection practices and contracts, and prohibit false or deceptive advertising, unfair business practices, and unauthorized use or sharing of individuals tax return information.

As described in the complaint, RALs are loans provided to taxpayers, secured by their expected refund. Internal Revenue Service rules prohibit H&R; Block from providing the loans itself, so it contracts with banks for that purpose.

H&R; Block, however, provides clients the loan applications, fills out the applications, sends the applications to the banks, and distributes the loan checks to customers.

How It Works

In a typical case, the program works like this:

A customer comes into an H&R; Block branch office. A "tax professional" calculates the customers taxes and determines they are owed a refund. The customer signs up for a RAL.

If the bank approves the application, H&R; Block ultimately provides the customer a check not for the full tax refund amount, but for the estimated refund, minus loan fees, tax preparation fees and other charges. Depending on the amount of refund, those fees can force customers to pay the equivalent of annual interest exceeding 500 percent, according to the complaint.

Since 2001, the complaint alleges, Californians have bought more than 1.5 million RALs from H&R; Block, "generating tens of millions of dollars in income for Block." H&R; Block has received a "substantial portion of the loan fees," according to the complaint, and has purchased up to 49.9 percent of the loans.

To illustrate how H&R; Blocks RAL progr am targets low-income families, the complaint notes recipients of the federal Earned Income Tax Credit (EITC) comprise 70 percent of the companys customers for RALs and similar products, even though EITC recipients account for just 17 percent of all taxpayers. The federal government established the EITC to benefit low-income workers and their families.

H&R; Block holds itself out as a tax preparer and adviser that consumers can trust. But to maximize its RAL revenue, the complaint alleges, H&R; Block has failed to adequately inform customers they can keep more of their income throughout the year and not have to wait for a refund at tax time.

Advertised as "Refunds"

Additionally, H&R; Blocks marketing of RALs has been deceptive in a number of ways, according to the complaint.

Advertisements have portrayed RALs as a "refund" or "instant money," and falsely told consumers that RAL recipients get "cash, cold, green, in your hand, out the door."

In reality, the complaint alleges, the refund is a loan, the cash is a check, and the check is for substantially less than the refund, after the loan fees and other charges are deducted.

Further, according to the complaint, H&R; Block frequently has steered customers to companies that charge fees to cash RAL checks, with H&R; Block getting a kickback on a portion of those fees. H&R; Block has failed to adequately disclose these arrangements to consumers, the complaint alleges.

Debt Collection Scheme

H&R; Block also participates with banks and other entities in a deceptive debt collection scheme under the banner of its RAL program, the complaint alleges.

RAL customers are liable for paying fees and paying back the borrowed money if their anticipated refund does not materialize, for whatever reason.

When a customer allegedly owes that debt, H&R; Block still will sell them a new RAL when they come to H&R; Block in a subsequent year to get their taxes prepared. H&R; Block does not adequately tell such customers about any alleged debts, or that when they sign the new RAL application, they agree to automatic debt collection including collection on alleged RAL-related debts from other tax preparers or banks.

These applications are denied, and the customers anticipated refund is used to pay off the debt, plus a fee. "Therefore, Block clients who are claimed to owe debt from a prior year are led to expect a loan, but instead find themselves in a collection proceeding," the complaint alleges.

Additionally, according to the complaint, H&R; Block has used and shared customers tax-return information without clients written consent, in violation of state and federal law. H&R; Block has illegally shared customers information, and unlawfully used clients tax return information for marketing RALs, home mortgages and other financial products, and to collect debts, the complaint alleges.

TITLE...

IRS Wrongly Delays Thousands Of Refunds


With millions of Americans preparing to file their income taxes over the next three months, an in-house critic charges the Internal Revenue Service wrongly identifies hundreds of thousands of taxpayers as potential cheats, making them wait years to receive their rightful refunds.

The critic is Nina Olson, who heads the Taxpayer Advocate Service within the IRS.

In her report to Congress for 2005, Olson says many of the taxpayers whose refunds are frozen are working poor, who can least afford to have their money withheld. In most cases, she says, the IRS never contacts them to let them know they are under investigation.

Olsen also says it's not surprising that taxpayers make mistakes when filing out their tax returns. She says Congress could remedy the situation by simplifying the tax code.

"Our tax code has grown so complex that it creates opportunities for taxpayers to make inadvertent mistakes as well as to game the system," Olson said.

"As taxpayers become confused and make mistakes, or deliberately 'push the envelope,' the IRS understandably responds with increased enforcement actions. The exploitation of 'loopholes' leads to calls for new legislation to crack down on abuses, which in turn makes the tax law more complex," Olson said.

"Thus begins an endless cycle complexity drives inadvertent error and fraud, which drive increased enforcement or new legislation, which drives additional complexity. In short, complexity begets more complexity. This cycle can only be broken by true tax simplification, followed by ongoing legislative and administrative discipline to avoid 'complexity creep.'"

Olson said the tax code should be revised to incorporate six core principles:

• it shouldn't try to "entrap" taxpayers;
• it should be simple enough that most people can fill out their own returns;
• it should be written in a way that minimizes the opportunities for non-compliance;
• it should provide limited choices;
• it should make it easy to administer refundable credits; and
• it should require a periodic review of the code in short, a "sanity check."

Olsen also expressed the concern that the IRS is expanding enforcement at the expense of taxpayer service.

Her report says the IRS has eliminated TeleFile, significantly reduced the number of returns IRS personnel prepare for taxpayers who seek IRS assistance, reduced the percentage of taxpayer calls IRS telephone assisters answer as compared with FY 2004, and substantially reduced its taxpayer education function for small businesses.

Olsen says Criminal Investigation (CI) refund freezes are a major problem facing taxpayers. Her report says that CI places "freezes" on hundreds of thousands of refunds each year due to a suspicion of fraud and then makes a "determination" whether the returns are, in fact, fraudulent without notifying taxpayers that their refund claims are under review or giving them an opportunity to present evidence supporting their positions.

In FY 2004, more than 28,000 taxpayers whose refunds had been frozen sought assistance from the Taxpayer Advocate Service (TAS). The TAS research function studied a statistically representative sample of these cases and found that, with TAS assistance, taxpayers ultimately received the full amount of the refund they had claimed in 66 percent of the frozen-refund cases and a portion of the refund they had claimed in an additional 14 percent of the cases.

Olson urged the IRS to implement procedures to notify taxpayers promptly that their refunds have been frozen, provide taxpayers with an opportunity to submit supporting documentation, and bring cases to a quicker resolution. The TAS research study is published as Volume II of the report.

Among other problems the report identifies are the need for IRS to develop a comprehensive strategy to address noncompliance in the "cash economy," the adequacy of training for private debt collection employees as the IRS rolls out its Private Debt Collection (PDC) initiative in 2006, and delays and related problems in examining returns that claim the earned income tax credit (EITC).

IRS Wrongly Delays Thousands Of Refunds...

Telecom Taxes Decried

U.S. state and local telecommunications taxes averaged 14.17 percent in 2004, more than double the average tax on general businesses, according to a study by the Council on State Taxation. The study is designed to highlight the group's call to simplify and reduce telecommunications taxes and related paperwork.

The average state and local effective tax rate on telecommunications services of 14.17% in 2004 compared to 6.12% for general business nationwide, the study found.

"Tax laws in the states are antiquated and take money out of the pockets of every American telecommunications consumer," Stephen Kranz, tax counsel for the Council on State Taxation, said in a statement.

Maryland and Virginia lead the list of the most egregious offenders, the group reported. Virginia's 30 percent total telecom tax rate, for example, is higher than its tobacco tax rate. Maryland's 27 percent telecom tax rate landed it in the No. 2 position.

Texas, where state lawmakers are currently battling over several telecom deregulation bills, landed in third position with its 25.3 percent rate, while Nebraska's 25.2 percent rate and Missouri's 24 percent rate rounded out the top five.

"The state and local tax laws continue to impose high levels of industry specific taxation on telecommunications services," according to a summary of the study. "While some states have begun the process of reforming the state and local tax structure, much more is needed to reduce the high level of telecommunications taxation and administrative burden."

The study found a telecommunications provider filed an average of 47,921 tax returns, compared to 7,501 returns for the average general business.



Telecom Taxes Decried...

H&R Block, Household Settle Tax Loan Case

H&R Block will pay $360 million to settle a class action lawsuit over its tax-refund loans, under the terms of a proposed settlement. The company says the settlement gives it a green light to continue the practice in the future.

Block and its partner, HSBC Financial Services, were accused of gouging consumers who took out refund anticipation loans at interest rates frequently exceeding 100 percent.

The settlement covers 28 million customers who made more than 55 million transactions with the company. It would consist of $110 million in cash and $250 million in coupons which consumers could redeem for $6 worth of tax-preparation services.

Class members will also receive cash after plaintiffs' attorney fees are awarded by the judge, with the amount dependent on how many class members file a claim.

H&R Block said the settlement would also create a "safe harbor" allowing Block and HSBC, which financed the loans, to continue to sell the products.

"It really puts this whole issue behind us," company spokeswoman Linda McDougall said.

The proposed settlement must be approved by U.S. District Judge Elaine E. Bucklo in Chicago. Bucklo rejected an earlier proposed settlement in 2003.

Under the refund anticipation loan program, customers who owed a tax refund could receive most of the money in two to three business days by paying a fee to file the return electronically and a loan processing fee.

According to a report released in January 2005 by the Consumer Federation of America (CFA) and the National Consumer Law Center (NCLC), consumers paid more than $1.4 billion in loan charges and fees in 2003 associated with RALs. These short-term loan terms reportedly had annual interest rates of 70 percent to more than 1,700 percent.


H&R Block, Household Settle Tax Loan Case...

Feds Charge Tax Scam Targets Military Personnel


The Justice Department has asked a federal court to bar Lou Ann Moser and Carla Newman of Hawaii from promoting an allegedly fraudulent tax scheme targeted at military personnel and from preparing tax returns for others.

In the complaint, the government also seeks an order directing the defendants to provide the government their customers names, mail and e-mail addresses, and Social Security and telephone numbers. The government alleges that Moser and Newman operate their tax preparation service in Kailua, Hawaii.

According to the complaint, Moser falsely advises military customers that they can claim tax deductions for non-deductible personal expenses such as haircuts, cell-phone and Internet services, and other personal items and services.

Moser allegedly advises non-military customers to use sham corporations to improperly claim deductions for non-deductible personal expenses. Newman allegedly assists Moser and allegedly electronically files returns for customers falsely stating that the customers had prepared them when in fact Moser prepared them.

The government alleges that the defendants have prepared and filed hundreds of returns for customers, and estimates that the defendants conduct cost the federal treasury more than $4 million for tax year 2003 alone.

"The Department of Justice and the Internal Revenue Service (IRS) are working methodically to halt tax fraud scams and the preparation and filing of fraudulent income tax returns," said Eileen J. O'Connor, Assistant Attorney General for the Tax Division. "People who prepare returns claiming false deductions are cheating honest taxpayers and creating legal problems for their customers."

The complaint further alleges that Moser advised customers to lie to IRS agents to obstruct investigations. Moser allegedly told one customer to delay an IRS audit until her husband was deployed to Afghanistan, and then falsely tell the IRS that the husband had receipts needed to substantiate tax deductions.



Feds Charge Tax Scam Targets Military Personnel...

Income Tax Filing Extensions Free and Easy


Way behind on your taxes? No fear. You don't need an excuse, or even a stamp, to get an automatic, no-questions-asked extension.

Automatic four-month extensions are available by phone or online via computer, as well as through the paper Form 4868. The IRS expects to receive almost 9 million extension requests, which must be made by the normal filing deadline.

An extension of time to file does not give you more time to pay any taxes owed. A person may choose to pay any projected balance due when requesting an extension, and the payment may be made electronically. Even without a payment, one can still get the extension.

Whether requesting an extension electronically or on paper, the taxpayer must estimate the total tax liability based on the information available. If the IRS later finds this estimate to be unreasonable, the extension will be null and void. The taxpayer will still get credit for any payments made with the extension request.

The IRS has a special toll-free phone line for extensions 1-888-796-1074 for those who filed a tax return for 2003. Callers may use Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, as a worksheet to prepare for the call, figuring their 2004 tax and total payments made.

They get a confirmation number signifying that the extension request has been accepted. They should put this confirmation number on Form 4868 and keep it for their records. They do not send the form to the IRS.

Taxpayers may also e-file an extension request using tax preparation software on their own computer or by going to a tax preparer. Those filing by computer get an acknowledgment that the IRS has received their request.

Taxpayers asking for extensions by phone or computer can choose to pay any expected balance due by authorizing an automatic withdrawal from a checking or savings account. They will need the appropriate bank routing and account numbers for that account. They must also have the adjusted gross income (AGI) from their 2003 tax return to verify their identity.

Another way to get a filing extension is to charge an extension-related payment to an American Express, Discover Card, MasterCard or Visa account. The authorized processors take payments through their phone and Web site systems. There is no IRS fee for credit card payments, but some processors may charge a convenience fee. Use Form 4868 as a worksheet; it has details on making credit card payments.

Another way to get a filing extension is to charge an extension-related payment to an American Express, Discover Card, MasterCard or Visa account. The authorized processors take payments through their phone and Web site systems. There is no IRS fee for credit card payments, but some processors may charge a convenience fee. Use Form 4868 as a worksheet; it has details on making credit card payments.

Taxpayers may also charge the taxes due for 2004, estimated taxes for 2005, or installment agreement payments for 2000 or later, but such charges do not give an extension of time to file.

Taxpayers who live outside the United States and Puerto Rico and whose main place of work is outside the United States and already have a filing extension to June 15. This June deadline also applies to those in military service on duty outside the country, but not in a combat zone or a qualified hazardous duty area. (A special, longer extension applies to those in such a zone/area, or away from their permanent duty station in support of operations in such a zone/area.) Taxpayers with the June deadline can file a Form 4868 or make an extension-related credit card payment by June 15 to get an additional two months to file. They cannot request this extension by phone. Merely being outside the United States on the April deadline does not give a person an extension to June 15.

Interest charges apply to any tax not paid by the regular deadline. The current rate is 6 percent a year, compounded daily, and is subject to change each calendar quarter. Taxpayers who request an extension may also be liable for a late payment penalty of 0.5 percent per month if the total tax paid by the regular deadline is less than 90 percent of the actual 2004 tax.

One deadline that taxpayers cannot extend is the date to claim a refund for Tax Year 2001 if they have not yet filed for that year. Unless they had a filing extension in 2002 for their 2001 return, they must mail such late returns by April 15, 2005.

Links: Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return (PDF 76K) http://www.irs.gov/pub/irs-pdf/f4868.pdf

Income Tax Filing Extensions Free and Easy...

Instant Tax Refunds: Fast But Expensive


With less than a month to go before the April 15 tax filing deadline, Illinois Attorney General Lisa Madigan reminded consumers about the high cost of Refund Anticipation Loans (RALs) and urged those consumers who still need to file their tax returns to consider other refund options instead of obtaining a RAL.

Madigan said what most consumers may not realize is that by filing their taxes electronically and opting for direct deposit into their bank accounts, their refunds will arrive very quickly - usually in just eight to 15 days. If consumers choose a RAL, they must first pay the tax preparer to help fill out their tax forms and then pay additional fees and costs to obtain their refund check just a few weeks earlier.

The message may be getting through. IRS officials say that, based on trends so far, they expect more than half of all tax returns this year to be filed over the Internet.

Calling it a "phenomenal penetration," IRS Commissioner Mark Everson says he expects the number of electronic filings to spike in the final days, as more taxpayers race against the deadline and become aware of how easy it is to file online.

Refund anticipation loans, also known as "instant tax refund loans," are loans consumers can obtain based upon their expected tax return. The RALs are provided by tax preparers and result in extremely high costs and fees, which include loan fees, electronic filing fees, document preparation fees and tax preparation fees. These fees are deducted from the consumers' tax refund checks before the checks are even issued.

"While many consumers may view a RAL as simply an advance on their expected tax return, what they are actually signing up for is a high-cost, short-term loan that will deprive them of a large chunk of the money they should be receiving as part of their tax returns," Madigan said. "These loans are especially costly to those who need the money the most, and should be avoided whenever possible."

According to a report released in January 2005 by the Consumer Federation of America (CFA) and the National Consumer Law Center (NCLC), consumers paid more than $1.4 billion in loan charges and fees in 2003 associated with RALs. These short-term loan terms reportedly had annual interest rates of 70 percent to more than 1,700 percent.

The average RAL recipient in 2003 paid an average of $250 in costs and fees on a RAL, when their refunds amounted to an average of $2,050. That amounts to more than 12 percent of their refunds going directly into the hands of their tax preparer and loan provider.

The same study showed that low-income families most often paid the high price for a fast return on their tax refunds.

In 2003, the IRS reported that 79 percent of RAL recipients had adjusted gross incomes of $35,000 or less.

In Illinois, the Truth in Lending Act governs the requirements for RAL providers, but does not require advance disclosure of fees and interest rates connected with RALs. Thus, consumers must know to ask about fees and interest rates before applying for a RAL to make an informed decision about their money.

Everson said most people filing online are motivated because they are due a refund, and e-filing helps them get their money faster. He said most e-filed refunds take less than three weeks. That, he adds, makes consumers less likely to take out refund anticipation loans.

Everson said other advantages include accuracy. On paper returns, it's easy to make a math mistake. Filing online performs math chores automatically. He points out that a mistake on a paper form requires correspondence to resolve the issue, delaying any refund check.

Online returns also IRS save money for taxpayers. Everson says an electronic return is $2 per return cheaper to process than paper. In addition, the increase in electronic filings has allowed the IRS to consolidate functions and reduce staff in some offices on the East Coast.



Instant Tax Refunds: Fast But Expensive...

ACORN Opens Free Tax Prep Sites in 45 Cities


ACORN, the Association of Community Organizations for Reform Now, is opening free tax preparation centers in 45 cities around the U.S. that will help low- and moderate-income families file their taxes and receive their refunds quickly. ACORN is also stepping up its campaign against rapid refund loans.

ACORN said it expects to help thousands of low-income families file their taxes and claim the Earned Income Tax Credit (EITC) and child tax credits that they have earned.

Organized in partnership with the IRS Volunteer Income Tax Assistance (VITA) program, the ACORN Free Tax Preparation Centers can electronically file current year taxes and provide fast refunds for those taxpayers who would like their refunds direct-deposited into their bank account, usually in as few as ten days.

The ACORN Free Tax Preparation Centers will also help more low-income families claim the Earned Income Tax Credit (EITC) through door-to-door outreach in low- and moderate-income neighborhoods. The EITC, which can provide families with up to $4,300 in tax credits each year, is the federal governments most successful antipoverty program.

Almost a quarter of all EITC eligible families do not claim their credit every year amounting to more than 7 million families who could be missing out on over $12 billion in tax benefits. We are out to change that, said ACORN National President Maude Hurd.

For locations of ACORN Free Tax Preparation Centers, see www.taxprep.acorn.org.

Refund Loans

H&R Block and ACORN are launching a partnership that will include: outreach in 65 cities to educate families that they may be eligible for the EITC; enhanced disclosure to customers by H&R Block about the costs and speed of refund options; and elimination of the systems administration fee connected with refund loans sold by H&R Block.

Since last tax season ACORN has been engaged in an aggressive campaign to force Jackson-Hewitt, the nation's second largest tax preparer, to improve its practices related to sales of refund loans and other high-cost bank products. The campaign has involved protests, picketing and flyering in front of Jackson-Hewitt offices throughout the country.

On January 11, ACORN announced that it was suspending protests because Jackson-Hewitt had entered into serious negotiations with ACORN. The company has already agreed to eliminate the application fees they charge customers for a RAL and other products in 50 of its markets starting this tax season, and in all of its markets the company has improved the disclosures they give customers.

ACORN has launched launched a campaign aimed at Liberty Tax, the third largest tax preparer in the country. Liberty Tax has 1800 offices in 48 states and Canada, and is the fastest growing tax service ever with annual revenues rising from $6.4 million in 2001 to $42.4 million in 2004.

ACORN Opens Free Tax Prep Sites in 45 Cities...

Don't Overlook the Earned Income Tax Credit


The Internal Revenue Service has a new Web-based tool to help working families determine if they are eligible for the Earned Income Tax Credit. The EITC Assistant will help take the guess work out of the EITC eligibility rules.

The EITC Assistant is one in a series of steps taken by the IRS to encourage all eligible taxpayers to claim the EITC refund. For the 2004 tax year, the maximum credit is $4,300, which helps lift millions of families out of poverty.

The new EITC Assistant also reflects all the tax law changes, including new income limits for eligibility as well as the optional use of nontaxable combat pay for use in refund calculations. EITC Assistant is available in English and Spanish at IRS.gov.

The EITC Assistant also can be used by individuals, tax practitioners, employers, community and public service organizations and IRS partners.

By answering a few simple questions and providing some basic income information, the program will assist taxpayers in determining their correct filing status, determining whether their children met the tests for a qualifying child and estimate the amount of credit that taxpayers may receive.

The IRS also is expanding a pilot project to reach out to taxpayers with limited English proficiency. Grassroots outreach efforts in Miami and Los Angeles last year will be expanded to include Chicago and Houston this year. The IRS will host a series of events in those four cities to help families file their federal tax returns.

The Earned Income Tax Credit is a refundable federal income tax credit for low-income working individuals and families. Congress originally approved the tax credit legislation in 1975 in part to offset the burden of social security taxes and to provide an incentive to work. Initial estimates for 2004 show approximately 22 million low-income families received about $38 billion.

To qualify, taxpayers must meet certain requirements and file a tax return, even if they did not earn enough money to be obligated to file a tax return. The amount of the credit is determined by earned income and the number of children in the household.

IRS Publication 596, available in English and Spanish, outlines eligibility requirements for EITC and highlights tax law changes. Taxpayers also can find the eligibility rules in Fact Sheet 05-10 and through 1040 Central on IRS.gov.

For example, in the 2004 tax year, individuals without qualifying children must earn less than $11,490 ($12,490 if married filing jointly); individuals with one child must earn less than $30,338 ($31,338 if married filing jointly) and individuals with more than one child must earn less than $34,458 ($35,458 if married filing jointly).

Congress also enacted a special provision for military families with combat pay. Combat pay is not taxable. However, families have the option of using combat pay to calculate their EITC refund (and the child tax credit) if it helps maximize the refund. Be aware that either all or none of the combat pay must be used in the calculation. Taxpayers cannot use part of their combat pay to enhance their refund.

Again, the EITC Assistant will help taxpayers determine if use of their combat pay will help them qualify for a larger tax credit.

EITC rules can be complex, but help is available if you need it, said David R. Williams, EITC director. The IRS works with 265 community coalitions, helps train thousands of volunteer tax preparers and works with tax preparation software companies to provide free software and electronic filing to millions of EITC recipients.

EITC claimants should also review Free File on IRS.gov for access to free software and e-filing for federal tax returns. Taxpayers are under no obligation to purchase other services from the companies. Working families who often need a fast refund should consider using electronic filing and direct deposit of their refund. They can receive their refund in half the time of a paper return.

The EITC Assistant is a convenient way to help you find out if you qualify for this important benefit, said IRS Commissioner Mark W. Everson. This tool will help take the guess work out of EITC.



Don't Overlook the Earned Income Tax Credit...

IRS Warns Stock Losses Can't Be Taken As Theft

Feel like you were robbed in the stock market? Fine but don't try telling that to the Internal Revenue Service.

The IRS is warning taxpayers that stock market losses -- even those as drastic as Enron and Worldcom -- cannot be deducted as thefts on your tax return. Losses on stocks purchased in the public stock exchanges cannot be taken as a straight loss but must be used to offset any capital gains in the same year.

If the taxpayer has more losses than gains, the extra losses can only be used up at a rate of $3,000 a year to offset ordinary income taxes. If it takes years to use up the extra amount, tough, the IRS said.

What if you lost big bucks to a South Florida boiler-room operation -- one of the many pyramid or Ponzi schemes currently making the rounds? The answer is not as clear-cut. You might be able to write off your losses as theft but if you do, you're likely to wind up in tax court.

A tax consulting firm, J.K. Harris, is promoting the idea that these losses can be treated as theft under Section 165 of the tax code. The firm takes a fee, based on the amount of the loss, for its services, which include gathering background material for the taxpayer and agreeing to represent the taxpayer in case of an IRS audit.

The company claims it has helped 500 injured taxpayers seek $25 million to $30 million in such deductions in the last 2 years.

Generally speaking, tax experts said, taxpayers are on thin ice unless they can prove that the money they paid for an investment was embezzled by the middleman -- their financial advisor or broker, for example. If the funds actually made it into the supposed investment, the case falls into a gray area and expert tax advice is needed.

The Big 12

The IRS is also watching for any of the following tax frauds on its Dirty Dozen:

  • Misuse of Trusts Promoters of abusive tax transactions are increasingly urging taxpayers to transfer assets into trusts. Taxpayers should be aware that abusive trust arrangements will not produce the tax benefits advertised by their promoters and that the IRS is actively examining these types of trust arrangements.
  • "Claim of Right" Doctrine In this emerging scheme, people file returns and attempt to take a deduction equal to the entire amount of their wages. The promoters advise them to label the deduction as a necessary expense for the production of income or compensation for personal services actually rendered. The deduction has no basis in law.
  • Corporation Sole Would-be participants are mistakenly told that Corporation Sole laws, primarily intended for the clergy, provide a legal way to escape paying federal income taxes, child support and other personal debts.
  • Offshore Transactions Use of an offshore bank account, brokerage account, credit card, wire transfer, trust, offshore employee leasing or other arrangement to hide or underreport income or to claim false deductions on a federal tax return is illegal. A taxpayer involved in these schemes could be subject to payment of taxes, interest, penalties and potential criminal prosecution.
  • Employment Tax Evasion The IRS has seen a number of illegal schemes that instruct employers not to withhold federal income tax or other employment taxes from wages paid to their employees. These schemes are based on an incorrect interpretation of Section 861. Employer participants could be held responsible for back payments of employment taxes, plus penalties and interest. Employees who have no withholdings are still responsible for payment of their personal taxes.
  • Return Preparer Fraud Unscrupulous return preparers can cause a lot of problems for taxpayers who use their services. Abusive return preparers derive financial gain by diverting a portion of the taxpayers refund for their own benefit, charging inflated fees for the return preparation services, and increasing their clientele by advertising guaranteed larger refunds. Taxpayers should choose carefully when hiring a tax preparer no matter who prepares the return, the taxpayer is ultimately responsible for all of the information on that return.
  • Americans with Disabilities Act This involves the purchase of equipment and services that the promoter alleges meet the strict criteria of the Disabled Access Credit. A minimal payment is made and a non-recourse note signed. The investor then provides insignificant services to complete the purchase agreement. This scheme is based on an incorrect interpretation of law and an over-inflated value of the services rendered.
  • African-American "Reparations" Refund Thousands of African-Americans have been misled by people offering to file for tax credits or refunds related to reparations for slavery. There is no such provision in the tax law. Taxpayers could face a $500 penalty for filing such claims.
  • Improper Home-Based Business This scheme purports to offer tax relief but in reality is illegal tax avoidance. The promoters of this scheme claim that individual taxpayers can deduct most, or all, of their personal expenses as business expenses by setting up a bogus home-based business. But the tax code firmly establishes that a clear business purpose and profit motive must exist in order to generate and claim allowable business expenses.
  • Frivolous Arguments Frivolous arguments are false arguments that are unsupported by law. When a scheme promoter says I dont pay taxes why should you or urges you to untax yourself for $49.95, beware. The ads may claim that the promoter knows the secret for never paying taxes again, but thats just plain wrong. The U.S. courts have continuously rejected this and other frivolous arguments.
  • Identity Theft The IRS is aware of several identity theft scams involving taxes or the IRS. In one example, fraudsters sent bank customers fictitious bank correspondence and IRS forms in an attempt to trick them into disclosing their personal and banking data. In another, abusive tax preparers have used clients Social Security numbers and other information to file false tax returns without the clients knowledge. For taxpayers, it pays to be choosy about disclosing personal and financial information. And the IRS encourages taxpayers to carefully select a reputable tax professional.
  • Share/Borrow EITC Dependents Unscrupulous tax preparers "share" one client's qualifying children with another client in order to allow both clients to claim the Earned Income Tax Credit. For example, one client may have four children but only needs to list two to get the maximum EITC. The preparer will list two children on the first clients return and the other two on another clients tax return. The preparer and the client "selling" the dependents split a fee.

IRS Warns Stock Losses Can't Be Taken As Theft...