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irs auditThe tax industry is ever changing. Tax professionals are subject to various federal and state regulations. The Internal Revenue Service is now requiring all tax return preparers to prove their competence to properly apply their tax laws. Those preparers who are not already Enrolled Agents (EAs), Certified Public Accountants (CPAs), or Attorneys, are now required to take a test to allow them to become a Registered Tax Return Preparer (RTRP). No one can use this designation until they pass this test. EAs, CPAs and Attorneys have already demonstrated their competence by passing other comprehensive tests. These brief descriptions give you a glimpse of what these professionals can do.
  • An EA, Enrolled Agent, is licensed by the Department of Treasury to represent taxpayers nationwide at all levels of the Internal Revenue Service. Some EAs also offer bookkeeping services.
  • A CPA, Certified Public Accountant, is licensed by their State’s Board of Accountancy to perform accounting services in that state. Those same Boards of Accountancy limit the use of the word “accounting” to their recognized CPAs. Some CPAs also practice tax.
  • Attorneys are admitted to their State’s Bar. Attorneys who are admitted to the Tax Court can represent taxpayers at that level of IRS Appeal.
Here are 7 questions you can ask to help ensure you find an experienced, trustworthy tax advisor:
  1. How long have you been in the tax business?
  2. What licenses or designations do you have?
  3. What tax issues do you specialize in?
  4. Do you have the knowledge and experience to handle my tax situation?
  5. Do you outsource any of your work?
  6. What’s your privacy policy?
  7. How do you charge your fee; how much will it cost?
It is important that you establish a comfort level with your tax advisor. You want to feel safe (and you want to feel your information is safe) in sharing your important and confidential tax return information with your trusted advisor.
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charitable givingWe have opportunities to make charitable deductions all year long. If you are one who itemizes your deductions, you may be able to deduct your contributions. But let me say this first. Do not let the tax law interfere with your giving heart. Make the contributions you are guided to make. You can identify which contributions are deductible when you know the rules I am about to share with you. What makes a contribution deductible? Your gift must be given to a recognized charitable organization. An individual is not a recognized charity and a gift to an individual is not deductible. Do not let the tax law govern how you live your life. The tax law just governs what you put on your tax return. GIVE as your heart is led to give. Churches, synagogues, temples, mosques, and other religious organizations; federal, state and local governments (if the contribution is for public purposes only); nonprofit schools, hospitals and volunteer fire companies; public parks and recreation facilities; public charities like Salvation Army, Red Cross, CARE, Goodwill Industries, United Way, Boy/Girl Scouts, Boys/Girls Clubs of America, etc; and war veterans’ groups are just some of the kinds of organizations that qualify for your deductible contribution. Cash Counts Too! Your contribution can be cash. You may not receive anything in return or you are not really making a gift. If you give to your public television station during their appeal for funds and you receive any kind of product for your gift, the value of that product is not deductible. The station will give you a receipt for your deduction which is the amount of your payment that is more than the value of that product you received. For example, when I give $150 to KAET and I get a Suzy Orman DVD and book valued at $50, my deductible contribution is $100. When I give KAET $200 and get nothing in return, I deduct the full $200. I must be able to document this gift. I want to be sure to keep a copy of my cancelled check or my credit card statement showing KAET as the organization who received my payment. A letter from the charitable organization acknowledging my gift is certainly helpful and is required when your gift is $250 or more on any one day. Protect yourself and keep your documentation with your copy of your tax return. Be sure to watch for my blog about recordkeeping. Examples of Non Cash Contributions Your contribution can be non-cash. In my Tax Organizer I send my tax clients every year I call non-cash contributions “stuff.” Stuff is charitable contributionwhat you have in your closets, your drawers, your garage. You are not using your “stuff” anymore but it is still useful to someone else. When your “stuff” is in good or better condition, and you give it to a qualified organization like Salvation Army, Goodwill Industries, your church, synagogue, mosque or another similar organization, you can take a deduction for the value of what you give. How do you determine the value? One guideline is to determine what it would sell for in their thrift store. What would it sell for in a garage sale or a yard sale? The used couch that once cost you $500 or more will not bring that much at the thrift store. For their valuations guidelines go to www.goodwill.org or www.salvationarmyusa.org. You Must Provide Proof It is your responsibility to substantiate or prove your deduction. In addition to the name of the receiving organization (the donee), you will need to list the date of your contribution, list the items you gave on that date, the values your assigned to those items and what method you used, and your cost or other basis in the property given.  If you are deducting over $500 of non-cash contributions you must also have a written receipt from the donee and you must attach an additional form to your tax return. Take photos of what you are giving to help document your deduction. Giving a car or boat  is another whole discussion for another blog. Giving something that has increased in value, called appreciated property is also another discussion. More Charitable Contributions If you use your car for your charity, like the church treasurer making the bank deposits, or the food bank volunteer picking up or delivering food, keep track of those miles driven for charitable purposes. The standard rate for deducting charitable mileage is 14 cents per mile. That rate is set by law and has remained unchanged for many, many years. Examples of Non Deductible Expenses Money or property given to civic leagues, social and sports clubs, labor unions and chambers of commerce; foreign organizations (certain Canadian, Mexican and Israeli charities qualify); groups that are run for personal profit; groups whose purpose is to lobby for changes in the law; homeowners’ associations; individuals, and political groups or candidates for public office are not deductible contributions. Purchasing (the key word here is purchase or buy) raffle, bingo or lottery tickets does not give you a deductible gift. Dues, fees or bills paid to a country club, lodge, fraternal order or similar groups are not deductible. Tuition to either secular or religious schools is also not deductible. I am a regular blood donor. I know I am helping others. But the only deduction I can claim for that donation is 14 cents per every mile I drive to the blood bank. The Hidden Benefit of Giving charitable giving   Our time is our greatest gift, but the value of our time or services is not deductible. Do not let the words “not deductible” keep you from giving your time to anyone or any organization. They need what you can do for them or it wouldn’t touch your heart. You be the gift that keeps on giving.
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irs audit mileage recordIf you use your car for business, the business use of your vehicle could be one of the biggest business deductions you take. But that deduction comes with the requirement that you keep a log of your business miles. More than that, you also need to be able to prove the total miles driven. So many of my clients believe this is more trouble than it is worth. The polite version of what they say is this auto log is a pain in the butt. And I tell them, it’s okay if you don’t want to keep that auto log. But the IRS says, “no log, no deduction.” You don’t have to keep the log, but if you don’t you can’t take the deduction. Does it really have to be such a difficult task? I say, no. It’s just a matter of making it easy and making it a habit. I’ll tell you how I keep my auto log. Now this might sound just like the green-eye-shaded accountant with no life, but you can make it fun. Begin your New Year with a New Mileage Log. Get yourself a little calendar you can keep in your car. Choose a pencil with a pencil clip so you can clip that pencil to your log. I keep both of these tools in the pocket of my driver’s side door. My log is easy to use because it is handy. I don’t have to look for it. It is not lost with all that other stuff in my car glove box. Depending on what part of the country you live in, you might call that the glove compartment. IRS tax audit trip odometerDoes your car have a “trip meter” in addition to the odometer? That trip meter makes it so easy to track the miles driven on any individual trip. But you also want to record the total miles driven each year. Knowing the total lets you determine the business percentage of your miles driven. Outside sales people can drive a LOT of miles for business. And without the log, many believe they drive 90%-95% for business. Only the ambulance and the garbage truck (and some other specific purpose vehicles) are driven 100% for business. Some people are surprised to find while they drive a lot for their work, their business percentage is much less because of the personal use of their car. Commuting (driving from home to work) is personal mileage and is not deductible. Commuting is discussion that deserves its own blog and I will post that later. You can choose to deduct the actual expenses of operating your vehicle or the standard mileage rate allowed. That standard rate changes every year. 2011 was a “split” year. The standard mileage rate for January 1 thru June 30 was 51 cents per business mile; the rate for July 1 thru December 31 was 55.5 cents per business mile. The rate for 2012 remains 55.5 cents per business mile. Actual expenses would include fuel, maintenance, repairs, depreciation of the purchase price, etc. If you choose the actual expense method, only the business percentage of those expenses are deductible. Regardless of the method you choose, you will want to keep your gasoline receipts and your repair bills. Both will be used by the IRS to verify your deduction and your mileage log. They don’t want to just take your word for it. They want to VERIFY your documentation. So join me on New Year’s Day in recording my odometer for the start of the year. That same odometer reading is the ending mileage for the year just closed. And if you are starting you log after the year has begun, don’t let that stop you from beginning. You need to start somewhere and you need that log to protect your deduction.
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