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profitDoes the fear of paying too much tax drive you to buy more deductions? Yes, I said “BUY” deductions. They do cost you money, you know. Did you know that our government has a FREE deduction for most of us? That free deduction is called the STANDARD deduction. I say it’s ” free”  because you don’t have to spend a dime to claim this one. The amount of your standard deduction does change from year to year and is based on your filing status. Single, Married Filing Jointly, Married Filing Separately, Head-of-Household status – each one has a different standard deduction. There are various categories of deductions that are allowable on 1040 tax return form Schedule A, Itemized Deductions.  These different categories are:
  1. Medical and Dental Expenses
  2. Taxes You Paid
  3. Interest You Paid
  4. Gifts to Charity
  5. Casualty and Theft Losses
  6. Job Expenses and Certain Miscellaneous Deductions
  7. Other Miscellaneous Deductions
In deciding whether to take the standard deduction or whether to itemize deductions, I ask my clients if they own their own home. And if that answer is yes, I ask if they have a mortgage on their home.  The reason…Interest paid on a home mortgage is usually the largest of deductions. If you own your own home, you also pay real estate taxes. If you live in a state that has an income tax, those taxes you paid or had withheld from your paycheck are deductible. Since there are states that do NOT impose an income tax, the government allows us to choose to deduct sales taxes paid instead of income taxes paid. And if you have a car, you may also be able to deduct the license plate registration fee. Unusually large medical expenses can also shift you from taking the standard deduction to itemizing deductions. I tell my clients that this is NOT the big deduction I want them to have.  Amounts you pay for medical insurance, doctor and dentist visits, prescriptions and lab fees are the common deductions. There are costs that are deductible and there are costs that are NOT deductible. How do you know which is which? Talk to your trusted tax advisor. If you know you want to itemize, then you will also want to look at the gifts you gave to a qualifying charity during the year. These gifts can be money and they can be what I call “stuff.” Money does not just mean paid by cash. Money means cash, check, credit card. The important key is to get a RECEIPT for your gift. The Internal Revenue Service is paying much closer attention to this deduction because of fraudulent deductions claimed every year. Deductions take money OUT of your pocket. Is your expense ordinary and necessary? Is your expense one you decided you needed only because you wanted to lower your tax bill? Did you know that if you are in the 15% tax bracket and you spend $1000 on an “elective” deduction, you might save $150 of tax, but you are still out $1000! If you don’t need this deductible expense, don’t spend the $1000. Pay $150 more in taxes and you still have $850 in your pocket! If you have a choice, what is YOUR choice?
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Young Woman On The Telephone And ComputerToday I will finish the second half of what we might call the IRS Taxpayer Bill of Rights. They call it the Declaration of Taxpayer Rights. If you want to see the IRS Mission Statement, go back to the earlier two articles on this topic. I became The IRS Insider based on my personal experience as an income tax auditor. The IRS is a BIG organization. My perspective is limited to the Examination and Appeals Divisions.  I have colleagues who help me and help you with the Collections side of the big tax machine. Remember, every employee of the government is a person, an individual with a job to do. Are they just like you? Does one of you throw your weight around? Can you follow the Golden Rule and still protect yourself? Yes, I believe you can. The Golden Rule is NOT “He who has the gold, rules.” The Golden Rule is NOT “Do unto others before they do unto you.” The Golden Rule is  “Treat others the way you would like to be treated.” You can always catch more flies with honey than you can with vinegar. The very next right is all about the gold, IRS Collections.

5. Payment of Only the Correct Amount of Tax. You are responsible for paying only the correct amount of tax due under the law — no more, no less. If you cannot pay all of your tax when it is due, you may be able to make monthly installment payments.

6. Help With Unresolved Tax Problems. The Taxpayer Advocate Service can help you if you have tried unsuccessfully to resolve a problem with the IRS. Your local Taxpayer Advocate can offer you special help if you have a significant hardship as a result of a tax problem. For more information, call toll free 1-877-777-4778 (1-800-829-4059 for TTY/TDD) or write to he Taxpayer Advocate at the IRS office that last contacted you.

7. Appeals and Judicial Review. If you disagree with us about the amount of your tax liability or certain collection actions, you have the right to ask the Appeals Office to review your case. You may also ask a court to review your case.

8. Relief From Certain Penalties and Interest. The IRS will waive penalties when allowed by law if you can show you acted reasonably and in good faith or relied on the incorrect advice of an IRS employee. We will waive interest that is the result of certain errors or delays caused by an IRS employee.”

Often I quote Justice Learned Hand, judge of the US Court of Appeals, who said,

“Anyone may arrange his affairs so that his taxes shall be as low as

possible; he is not bound to choose that pattern which best pays the

treasury. There is not even a patriotic duty to increase one’s taxes.

Over and over again the Courts have said that there is nothing sinister

in so arranging affairs as to keep taxes as low as possible. Everyone

does it, rich and poor alike and all do right, for nobody owes any

public duty to pay more than the law demands.”

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bookkeeping irs auditThe last day of the month of October is the day that 3rd Quarter Employer’s Payroll Tax reports are due. The third quarter covers the payroll months of July, August and September. If you are an employer, you are expected to deposit the taxes you withhold from your employees on a timely basis. If you owe less than $2,500 total for the quarter, you may make this payment with your Form 941 report. This report includes both Federal Income Taxes withheld AND the combination of social security and medicare taxes withheld (known as FICA) from the employees’ paychecks PLUS the employer’s matching FICA amount. If you owe less than $2,500, you could be a business with a small number of employees. If you are a business that will owe more than $2,500 for the three months in the quarter, you must pay your “trust fund” taxes on a monthly basis. The taxes you withhold from your employees are called “trust fund” taxes because your employees are trusting you to pay the taxes withheld from their checks to the Internal Revenue service for their individual tax benefit. If you do NOT withhold the proper amount of social security or medicare taxes from your employees’ checks, you could be responsible to pay what should have been withheld. If you do not pay what you are responsible for paying, you could (you probably will) be charged with penalties. Those penalties can be substantial and they can be BIG. Do not run your business on your employee’s monies. That decision can put you out of business. If you are trusting one of your employees to make these deposits, make sure they are being made. Trusting an employee who is not trustworthy can also put you out of business. If an employee seems so dedicated to their job that they do not take any time off this could be a warning sign to you. The employee who refuses vacation and sick leave could feel they must be there every minute of every day to make sure their deception, their theft from you, remains undetected. Yes, we must trust our employees, but we must also be vigilant in conducting our businesses. The newspapers are full of stories of big-hearted people who are taken advantage of by people with self-centered ulterior motives. Are YOU are the one to sign the reports, to sign the checks, to decide who gets paid this month and who must wait if there is not enough money to pay all of the bills? Do not decide to make the IRS wait for these taxes. The IRS could decide to give you (the decision maker) more time, jail time that is. That can put you out of business, too. It is not always easy being the business owner. You are the one that can put “The Buck Stops Here” sign on your desk. I wish you only the best in your business. I wish you only the best when it comes to your tax situation. If you need help, consult your tax professional.
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ID-100234632I’m not talking vinyl music platters…I’m talking receipts. I’m talking about saving your business butt. I’m talking about saving your personal assets. I was shocked when training with the Internal Revenue Service to find out that you (and me, too), the taxpayer, are considered GUILTY until you PROVE YOURSELF innocent. That was so against what I had grown up with in this great country of America, the land of Superman and Perry Mason. Do you have what it takes to prove yourself innocent? How do you do that? Well, it’s very simple.  It can also be considered boring drudgery, but it is your best defense. It’s called record keeping. Did you know that thermal paper receipts will fade over time. It is guaranteed! That printed strip of paper showing the date, the place of purchase, the item purchased and the amount you paid is so clear when you first get it. But when you look at it later it has begun to fade. And if you need it to show the IRS one or two years later, it could be completely blank. So how do you protect yourself with this paper that you need so badly? Put it in a copy machine and make a photocopy. Or scan it into your computer. If you have a paper copy, you will want a file folder or envelope or box to organize your papers. If you use a scanner, you will want to set up a folder on your computer so you know how to go back and find what you need later. Is this necessary for everyone? Yes. If you own a business or are self-employed you have a business tax return to file. And every person who owns a business must also file a personal tax return. It is important to keep your business records separate from your personal records. It is important to keep the records for one year separate from the records for another year. Did you know that the biggest gangster in Chicago during the Roaring Twenties, the 1920s, did not go to jail for moonshining, or drug running, or gambling or prostitution? Elliott Ness of Untouchables fame, was really an IRS Agent. This famous gangster, Al Capone. went to jail for tax evasion. He did not keep track of his income and expenses. Or did he? He just didn’t put all of the right numbers on his tax return. Years ago, on the 10pm TV news they used to say, “It’s 10 o’clock. Do you know where your children are?” And today I submit to you, It’s the last quarter of this year. Do you know what your numbers are? Do you know where that receipt is? I’ll be asking my clients for all their numbers come tax season. Get a jump on it. Catch up on what you could have done earlier this year. I’ll be asking you for your true numbers and I want you to be ready. They are your best audit defense.
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courtesy nsacctThe IRS’ Dirty Dozen has nothing to do with eggs or outlaw motorcycle gangs!  The IRS’ Dirty Dozen has everything to do with tax scams. Taxpayers who get involved in illegal tax scams can lose their money. They can face stiff penalties, interest and even criminal prosecution. We’ve all heard, “If it sounds too good to be true, it probably is.” This time the Internal Revenue Service really is your friend. They want you to be safe and informed. A couple of weeks ago I wrote about fraudulent phone calls. Phony phone calls are just one of the rotten eggs the Internal Revenue Service wants to warn you about.  Telephone scams are number two on this list. Identity Theft tops the list. An identity thief uses YOUR identity to illegally file a tax return and claim a refund. If you or someone you know has fallen victim to identity theft, contact me for further help. Phishing is a term used to describe unsolicited emails or fake websites that appear to be legitimate. Scammers will try to lure you, trick you, into providing them with your personal and financial information. Know that the IRS does not begin contact with you in this way. They will send you a letter by US Mail. Then YOU get to respond. Once you contact them, they may telephone you back because YOU will have given them your contact information. False promises of “free money” or inflated refunds is another common tax-season scam. Scam artists often pose as tax preparers during tax time. They lure their victims in by promising large refunds. Taxpayers who buy into this kind of scheme often end up paying back the refund PLUS interest PLUS penalties. Take care when you choose someone to prepare your return. Ask them questions to help you feel comfortable helping you with this important matter. The IRS has said that about 60 percent of taxpayers use professionals to prepare their tax returns. Most return preparers, like myself, provide honest service to their clients. But there are rotten eggs in the tax business. Dishonest preparers take advantage of unsuspecting taxpayers. The result can be refund fraud or identity theft. Be sure you only use a tax prepare that will sign your return. They must also enter their Prepare Tax Identification Number, or PTIN. If you pay them, they must sign as the paid preparer. If not, they are as dirty as a motorcycle outlaw. Other tax scams involve hiding income offshore, out of the country. Claiming false income, expenses or exemptions is committing tax fraud. How much money is enough to go to jail? Other tax protesting citizens claim zero wages. They take frivolous arguments in defense of a losing positon on their tax return. Sometimes they set up abusive trusts to hide their income. Of course, it is impossible to predict what the next and newest tax scam will be. Your best defense is to remain vigilant. You sign your tax returns under the penalty of perjury. What is your freedom worth to you? Mine is priceless. If you’d like to hear my radio show about this very topic, go to my “Latest Audio” .  My show airs every Friday at 10amPT/11amET. Past shows can also be found on my website – just click on the Radio!
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ID-100211198Oh Boy, Oh Brother! Holy Cow! How else can I nicely say this is not good? I am always trusting my technology. I have a technology guru that I rely on. He is my go-to guy. Right now my computer is sick. That is the nicest way to say I think I have a virus. The good news is that it can be fixed. I have Patrick and Tara to help me. What happens when your tax return has a virus? We don’t usually think of tax troubles this way. But this is just one way to understand something is wrong and needs to be fixed. Our friends at the Internal Revenue Service work all year long. Their hours are not 24/7 but it can seem like it to us. They have private parties every day. Have you gotten your personal invitation? I hope not. That personal invitation is a welcome letter to a tax audit. I have talked about tax audits before and I’ll talk about them again. I want to help you avoid that audit. Today I’m talking about AMENDED TAX RETURNS. If you find you have made an error on your original return, you can head that invite off at the pass. You can stop it in its tracks before it ever gets started. If you find you have omitted income, you certainly want to “fess up” and correct your tax return. You will owe more tax, but you can minimize interest and penalties. The IRS is required by law to assess interest. They have some discretion on whether or not they assess some penalties. If you have omitted income and wait for the IRS to notice your forgetfulness, you will pay more. More time will have elapsed from the date of your original filing and the date the IRS gets around to your perhaps negligent return. How much money did you leave off? How much “too much” deduction did you take? Either way you did not pay in enough tax and IRS wants all of their share. Did you forget to claim a deduction that was allowable? Did you not realize your expense was deductible? if this is your situation, be sure to include copies of the receipt showing what you bought, when you bought it, and how much you paid. Yes there is a time frame for submitting your amended return. A safe rule of thumb is within 3 years of the original due date or the date you filed your return, whichever is later. For example, if your return was filed March 1st, the due date is April 15th. File your amendment before 3 more April 15ths go by. If your return was filed May 1st, the due date was April 15th, but you filed late. So you must submit your amended return before 3 more May 1sts go by. The IRS must have your amended tax return in their office before the amended due date (statute expiration date) arrives. Mail your returns so they are received BEFORE the statute expiration date. Don’t forget your state return, if you live in a state that has an income tax. Most state’s tax returns begin with the information from your federal return. If you make changes to the Federal return, you will want to make changes to your state return, too. Contact me if you need help.  
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ID-10098497When I, Nellie, get a phone call from the IRS, it really IS the IRS. Income taxes are my job, after all. If a phone call is the first contact YOU get from the IRS know this…IT IS PROBABLY NOT THE IRS! The first contact you will get from the IRS is usually a letter. If the IRS wants to talk to you, they will contact you by regular “snail” mail. They will NOT contact you by email. That email is phony, too. There are SO many ways people commit fraud. I have spent my life learning how to do things right. It boggles my mind that other people spend their lives trying to figure out how to scam the system. Most of those people are in jail or are on their way to jail. Personally, I like my own bed and my own cooking better than the bread and water jail diet. The IRS wants you to beware of these types of scams. The callers pretend to be from the IRS. They hope to be able to steal money from you. They also hope to steal your identity. The phone scams include many variations, such as…
  • Sometimes they say you owe money.
  • Sometimes they say you are entitled to a huge refund.
  • Some calls threaten arrest.
  • Some calls threaten your driver’s license revocation.
  • Sometimes these calls are paired with follow-up calls from people saying they are from the local police department or the state motor vehicle department.
According to IRS.gov, the phony scams can include some of these characteristics:

“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” or imitate 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 a 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.”

“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, then call and report the incident to the Treasury Inspector General for Tax Administration at 800-366-4484”

Next week I’ll discuss some of the other IRS’ “Dirty Dozen” scams for you to guard against.
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taxMedical Expenses are not the deduction I want you to have. But medical expenses are deductible if you itemize your deductions. Here are 8 tips direct from the Internal Revenue Service and one more from me.

“If you plan to claim a deduction for your medical expenses, there are some new rules this year that may affect your tax return.  Here are eight things you should know about the medical and dental expense deduction:

  1. AGI threshold increase.  Starting in 2013, the amount of allowable medical expenses you must exceed before you can claim a deduction is 10 percent of your adjusted gross income. The threshold was 7.5 percent of AGI in prior years. .
  2. Temporary exception for age 65.  The AGI threshold is still 7.5 percent of your AGI if you or your spouse is age 65 or older. This exception will apply through Dec. 31, 2016. .
  3. You must itemize.  You can only claim your medical and dental expenses if you itemize deductions on your federal tax return. You can’t claim these expenses if you take the standard deduction. .
  4. Paid in 2013. You can include only the expenses you paid in 2013. If you paid by check, the day you mailed or delivered the check is usually considered the date of payment. .
  5. Costs to include.  You can include most medical or dental costs that you paid for yourself, your spouse and your dependents. Some exceptions and special rules apply. Any costs reimbursed by insurance or other sources don’t qualify for a deduction. .
  6. Expenses that qualify.  You can include the costs of diagnosing, treating, easing or preventing disease. The cost of insurance premiums that you pay for policies that cover medical care qualifies, as does the cost of some long-term care insurance. The cost of prescription drugs and insulin also qualify. For more examples of costs you can deduct, see IRS Publication 502, Medical and Dental Expenses. .
  7. Travel costs count.  You may be able to claim the cost of travel for medical care. This includes costs such as public transportation, ambulance service, tolls and parking fees. If you use your car, you can deduct either the actual costs or the standard mileage rate for medical travel. The rate is 24 cents per mile for 2013. .
  8. No double benefit.  You can’t claim a tax deduction for medical and dental expenses you paid with funds from your Health Savings Accounts or Flexible Spending Arrangements. Amounts paid with funds from those plans are usually tax-free.”
And here’s the extra tip from Nellie. If you wonder if your disability insurance is deductible. Yes it is. But I encourage you NOT to deduct this insurance. If your disability insurance premium is about $800 each year and you have enough medical expenses to exceed your AGI threshold, you could deduct this $800. For easy math, if your tax bracket is 25%, this deduction could save you $200 of tax. But if you ever file a claim and collect on this disability insurance, those insurance benefits will be income taxable. And when you are out of work due to disability, do you want to add to your tax bill?
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irs tax auditMarch Forth. March Fourth. Time Marches on. Beware the Ides of March. In this, the month of March, business owners must be aware of the calendar and their tax deadlines. The Internal Revenue Service made us wait until the very end of January before we could file our tax returns electronically. And our tax filing deadline is still April 15th. But there is a little “grace” period for us this week. March 15th is the Ides of March. This year it falls on a Saturday. What’s the big tax deal about March 15th? That is the day corporations, large and small, must file their tax returns or request an extension of time to file before September 15th. March 15th is also the due date for employers to pay their trust fund taxes. Trust fund taxes are those taxes withheld from their employees’ paychecks. Employees trust their employers to send their money to their tax accounts at the IRS. What’s so important about this date being on Saturday? Many businesses are open on Saturdays, but the government is closed. That means we have two extra days to meet the March 15th deadline. IRS is giving us extra days this time. The next time the 15th falls on the weekend is in June. That is another payroll deposit date. It is also the due date for second quarter estimated tax payments. When the 15th is on a weekend or other holiday observed by the federal government, we have until the next business day to meet that day’s obligation. So mark your calendars not for March 15th, but for March 17th. Before you raise too many glasses to Saint Patrick, be sure you get your 1120 returns or extensions filed. Be sure you get your payroll deposits made. If you use the electronic payment service of EFTPS, remember you need to make that payment one day before the due date. EFTPS (Electronic Federal Tax Payment System) allows you to schedule payments whenever you want, 24 hours a day, 7 days a week. You can even schedule a payment as far as 365 days in advance. But remember this: To reach the IRS on time, payments must be scheduled by 8pm ET at least one calendar day before the tax due date. Even individuals can register to receive a pin number  that will allow them to pay their individual taxes by EFTPS. Many people who owe tax to the IRS pay by  check. Did you know you can have the IRS debit the amount you owe directly from your bank account? It’s like direct deposit in reverse. And you choose the day you want this debit to happen. Taxes can also be paid by credit card. Understand that the IRS does not pay the merchant fee that most other businesses who accept credit card payments do. The taxpayer pays what is called a convenience fee. If you choose to pay your taxes by credit card (maybe you get airline miles or some other benefit) you will know how much the convenience fee is before you actually pull the trigger on your credit card payment.
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25159487_sWhat does this have to do with taxes? You’d be surprised. .. Here in the United States, we have four time zones: Eastern, Central, Mountain and Pacific. Living in Arizona, we are one of the few places that does NOT observe Daylight Saving Time.  Most cities and towns in Arizona stay on Mountain STANDARD time all year long. .. In the Spring, the rest of the country “Springs Forward” advancing their clocks one hour. They change their clocks from 8am to 9am and experience more daylight in the evening hours. Since the clocks in most of Arizona remain unchanged, we effectively “fall back” an hour. We are neighbors to California and I say to others that during Daylight Saving Time (DST) we are now on Pacific Time. .. Pacific time is three hours behind Eastern time which makes a difference when we are trying to contact businesses located east of us. When it is 8am in Phoenix, it is already 11am in New York and Washington, DC.   When it is 8am in Phoenix, it is already 10am in Chicago and St Louis. And when it is 8am in Phoenix, it is already 9am in Denver and Las Vegas. Wait a minute, Phoenix and Denver are both in the Mountain Time Zone. But when it is DST, Denver is Mountain DAYLIGHT Time and Phoenix is Mountain STANDARD Time. And now when it is 8am in Phoenix, it is 8am in Los Angeles and San Diego. .. The Internal Revenue Service has always been aware of the differences in our time zones. That is why their Customer Service offices are open past 5pm. But they are not open 24/7. .. Now that they have developed a “modernized” electronic filing process, the IRS processes our e-filed tax returns continuously around the clock. But what happens on April 15th? A return filed after midnight will be considered LATE. But which midnight must I pay attention to? My midnight or IRS midnight? .. March 15th is important for businesses returns. Corporation returns are due March 15th. Like an individual, if a corporation cannot file their return by the due date, they can request an extension of time to file. But this request must be filed by March 15th. .. When it comes to these time sensitive and very important deadlines, I do not wait until the last possible minute. I want to file at least one day before. If I can’t be one day early, I want to get as much as I possibly can get done before 6pm on that deadline night. .. Everyone else who waits until the last possible minute is risking a bottleneck of electronic paperwork. And it you are delayed by this bottleneck, your tax return or your request for more time could be delayed. .. Uncle Sam doesn’t just want you. Uncle Sam wants your money. And when you owe money and you pay that money late, Uncle Sam wants even more money. .. So watch that clock. Time is a-ticking and it waits for no man.
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