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I am a baby boomer. I remember my dad building our “secret” bomb shelter in our basement during the Cuban missile crisis. There were six of us in the family. And this was meant to protect US only. It was a matter of life and death. We did have canned food, paper plates, paper towels, toilet paper, diapers for the new baby, a change of clothes for everyone, some games and books to keep us busy, candles, matches, batteries, first aid kit and a bottle of liquor for medicinal purposes only. Thinking back, we probably would not have survived in that little basement hide-away.   But what am I talking about today? What is an evacuation box. In a time of looming disaster you may be forced to leave your home or business for some undetermined period of time. You leave your place. You leave your stuff.   What can you do NOW to protect yourself and your family? Imagine having only five minutes to get what you need. What can you take with you? Do you know what you should take? Do you know where it is? Can you get it all in those fleeting five minutes?   I extend my sincere sympathies to people right now suffering and facing current losses. There are no words to comfort you. For the rest of you, if you want to protect yourself and  your family, create your own Evacuation Box right away.   What is an Evacuation Box? It is like having your own personal insurance for your essential documents. This box has to be something you can easily take with you. It can be a briefcase. It can be a white box. You don’t want it to be accidentally thrown away! I think if I am ever going to have to carry this, I’d rather it be a backpack so I can have my arms and hands free. Whatever you choose, it must safeguard your most important and often irreplaceable documents.   What goes into your Evacuation Box? Just think about some of the essential documents you have collected over your lifetime. Birth certificate. Social Security card. Health insurance card. Medical records. School records and college transcripts. Driver’s license. Car titles. Boat registrations. Library card. Marriage certificate. Passport. Visa. Immigration documents. Deed to your house. Mortgage to your house.   Who so you still owe?  What are those loan numbers? Include a list of your doctor’s names and current prescriptions. (And tuck in that favorite photo of your loved ones if you have room.)   Make a copy of BOTH sides of your credit cards. When one card expires, make a copy of the new one. Make a list of your utility providers, their names and your account numbers. Make a copy of your insurance policies, at least the page with your policy number and coverage details. Record the Vehicle Identification Numbers (VIN) for your cars, trucks, boats, etc. Have duplicates made of your keys, all of them, for your vehicles, homes, safety deposit boxes. etc.   Photograph your home, it’s contents. Make as detailed an inventory as possible. Keep it updated as you add things or remove things. Inventory the contents of your vehicles. Estimate the age and value of each item on your list. Consider using a computer and software for this. Keep a print out as well as a flash drive of these files.   Make a copy of the original documents. Include a copy of your most recent tax return. That’s always a good starting point for your next return. Put the duplicate copies in your evacuation box. Safeguard your original documents in your safety deposit box at the bank, or in a fireproof safe permanently secured in your home.   Where are you going to keep this Evacuation Box? Do not keep this box in your car. Keep it near a doorway until any evacuation is ordered. If you go on vacation or away from your home for any period of time, take this box to a trusted relative or friend.   When are you going to make this Evacuation Box? The sooner the better. Don’t you want insurance before your need it? Some of these documents are irreplaceable. Those that can be replaced take time. And if a lot of people are making the same request for replacements at the same time, you might have to wait longer than you want to for your copy. Do this now while it is less difficult to accomplish. You never know when disaster might strike.   When are you going to use this Evacuation Box? I hope you never need this box. But if you do, I hope you make this box soon. You need it ready for that in-a-moment’s notice.   Always to your lowest tax, Nellie T Williams, EA
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irs audit   Why should I care about IRS and their Audit Process now, at this time of year? Historically, the IRS begins to hire their new employees at the beginning of their fiscal year which begins in the fall. I just can’t remember if it begins in September or ends in September. They will have completed their prospective new employee interviewing, offering positions to successful applicants and then start training those who have accepted their new assignments. Can you hear the Mission Impossible theme song playing here? There have been stories that the IRS IS hiring rebutted other stories saying the IRS is NOT hiring. Has there been a hiring freeze? Are new agents and auditors in training as you read this? Whether of not they are hiring new employees, IRS training is ongoing year in and year out. The whole point is, it doesn’t matter what percentage of the over 235 MILLION tax returns expected to be filed in 2011 are audited. If, I really mean WHEN, YOUR return is chosen, that is what is most important to you. It’s 100% for you!   My Experience When I took my first job as an Income Tax Auditor with the IRS, I had NO, absolutely NO, experience in taxes other than from preparing my own personal tax return. I had someone else prepare my return after I purchased my first house. That was new for me and I didn’t want to miss anything that would help me. After that one year, I returned to preparing my own return. Today, I feel I know the tax laws, but if I didn’t have my professional tax software to help crunch the numbers, I wouldn’t do my own. I am very pleased that my clients feel the same way and trust me to do my best for them. What experience did I bring to my new job as Tax Auditor? The IRS believed, based on my scores of an exam that was used in those years for Civil Service employment applicants, that I used good judgment in making decisions. That is the whole job of the tax auditor. They examine the facts, properly apply the tax laws and determine if the correct tax has been paid or not. The IRS taught me how to read a tax return. The IRS taught me what the tax laws were. The IRS taught me that ALL income is taxable except that which is excludable by the tax laws. The IRS taught me that NOTHING is deductible unless specifically allowed by the tax laws. The IRS taught me how to research the tax court cases. I learned which cases were in the favor of the IRS and which cases were not in favor of the IRS. Guess which ones the IRS uses. But they have to know all of those cases because guess which ones I want to use now that I am on “the outside.”   Now is the Time… So what? Why am I talking about this now? Because NOW is when IRS notices are being sent out. NOW is when new audits, NEW examinations will begin soon. This is November 1st, 2012. The only reason I date this is to show you the time line you need to know. Any 2011 return not already filed is just plain late. And chances are, unless you made a mistake that will be revealed in processing your tax return you will not hear from the IRS quite yet. Processing your return is not examining your return. Processing your return is simply receiving your return and issuing your refund or invoicing you for any balance due. IRS is quick to issue refunds first because they don’t want to pay your interest for waiting too long to give you back our own money. The statute of limitations is KEY. The IRS has only three years from the time you file your return (or April 15th if you file before the due date) to examine that return. That means the clock is ticking for them and for you, too. They don’t want to run out of time to assess any additional tax due. And if they don’t ASSESS (not collect) any additional tax due before April 15th, 2015 (2011 timely filed 4/15/12 plus 3 years) then heads will roll at the IRS. The IRS does have additional time to COLLECT taxes due, but that is a totally different discussion.   You Have Been Chosen… What you need to understand is that when the IRS chooses YOUR tax return, they believe there is an error for them to discover. It’s like a treasure hunt for them. Your return has been selected for potential of error. They just don’t know if there is an error or not. And if there is an error they don’t know for sure where it is. But they have a pretty good idea where it might be. They are going to ask you to PROVE that you were right in claiming those deductions or credits. They are going to ask you to PROVE that you claimed the correct amount. They will want to see your receipts. Do you still have them? Did you ever have them? Will every audit cost you money? Not necessarily. The job of the IRS Tax Auditor or Revenue Agent is to determine that the CORRECT amount of tax was paid. If you paid too much, the examination results in a refund due you. They get to write YOU a check. If you paid too little, the examination results in a balance due the IRS. You get to write the IRS a check. Third, the examination may result in no change. That would be best for you. 🙂 Will every audit cause you inconvenience? Yes, guaranteed. Don’t you have better things to do than dredge up old tax records 12-30 months after you filed your tax return? Will every audit cause you anxiety? Maybe Yes. Maybe No. Not necessarily so. That all depends on how well you kept your records, how closely your tax return relates to your tax records and how well you easily you can locate and provide those records (receipts) to the IRS to prove the items reported on your return. They should be the same. And you shouldn’t have to scramble to find them. It’s all about PROOF. And YOU are the one who must PROVE that your put the right numbers on the tax return you gave the IRS. You do sign that return under penalty of perjury, you know. I know I raised some questions here. I hope I also answered some questions. If you still have questions, please comment and add to the discussion.   To your lowest legal tax,   Nellie T Williams, EA  
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  Do you have a business? Or do you have a hobby?  What is the difference?   It is perfectly okay to like what you do. When you love what you do it is not really work.   A hobby, according to the Merriam-Webster Dictionary, is “a pursuit or interest engaged in for relaxation.” Think about what you do in your after-work hours? Do you have a favorite hobby?   A business, according to the Internal Revenue Service, is defined as “an activity engaged in for profit.” What is profit? Profit is the money you have left over after your business income pays for it’s business expenses. I like profit. Don’t you?   There are many ways to earn a living. And there are many ways to file your business income. The key is to report ALL your taxable income. What is taxable? ALL of your income is taxable, except that which is specifically excluded by the tax laws.   Whether you have income from a hobby or or income from a business, all of that income is taxable and must be reported on your tax return.   Did you know you could choose your business entity? When you begin a business you may start as a sole-proprietor and file Form 1040 Schedule C, Profit or Loss from Business. If you have a spouse and you both share and work in the business together, you may choose to “split” your Schedule C profits so both of you pay self-employment taxes on your respective halves of the business profits.   With the help of your tax advisor and your tax attorney, you can decide to form a business entity. Whether your are considering forming a Partnership or a Corporation or a Limited Liability Company, you will want to consult with a professional to benefit from their broader picture knowledge and experience. An attorney is needed to draft, file and publish your required legal documents. While there may be many do-it-yourself ways to take care of these details, they are just tools. And if you don’t have the knowledge and experience yourself, you don’t know what you don’t know. Invest wisely in yourself and your business.   A Partnership has two or more partners, at least one general partner who makes decisions for the partnership. A Partnership Agreement should be written to outline the respective partners’ duties. And when you are all friends starting out in this partnership business, I highly recommend you decide right then exactly how the partnership will treat a partner when the time comes when you part ways. Just like in a marriage between two people, there will be good days and not so good days in the lives of a business. We all want the high days, but begin with the end on mind to keep that future end a more pleasant one.   A Limited Liability Company, commonly called an LLC, is not a form of taxation, but is a method defined by the individual states in forming a business. Your LLC can choose to be treated as a corporation or a disregarded entity. What is an entity? What is a disregarded entity?   An individual is issued a Social Security Number. Originally intended to identify a person who would draw Social Security Benefits, it has evolved into our national identification number. One spouse of a married couple decides who will be the “primary” or first name and social security number on the 1040 tax return. If you do not choose to file your business income and expenses on your 1040 Schedule C, and if you have formed an LLC, then you are choosing to be treated as a “disregarded entity”. That means you are not filing as a Partnership or Corporation. You are not choosing your business to be a separate entity with a its own separate income tax return.   There are two kinds of corporations, one is the “C” Corp, or regular corporation, and the other is the “S”, or Small, Corporation. Not every corporation can be or wants to be an “S: Corp. But if you make that election, and special IRS paperwork is required, then you have made a decision on how your business will be taxed.   A “C” Corporation does pay tax. And the dividends that the C Corp pays to its shareholders are also taxed to the shareholder. This is called double taxation. And this is one of the reasons some people choose the “S” Corp. The “S” Corp, like the Partnership, does not pay tax. Both “S” Corp and Partnership calculate their net taxable profits and pass those profits (or losses) through to their shareholders or their partners on a Form K-1. That K-1 reporting is used in completing the shareholder’s or partner’s 1040 Individual Income Tax Return.   So how do you get paid? How do you take money out of your business to pay your personal expenses? It depends on which business structure, or entity, you have chosen.   You MUST take a wage from your corporation. You DO NOT take a wage from your partnership or from your schedule C, but you DO take a “draw”. When you take a wage you have income taxes withheld from your paycheck. When you take a draw, there is no withholding, but you do make estimated tax payments. Now that is a great topic for another blog, don’t you agree?   To your lowest tax,   Nellie T Williams, EA    
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“…I gotta be me, I’ve gotta be me what else can I be but what I am. I gotta be me.”   What else CAN you be? WHO else can you be but YOU? Why is it so important to be yourself? Because people do business with people they know. People do business with people they like. People do business with people the trust. Know… Like.. Trust.. When you know yourself, it is much easier for other people to know who you are, to know what you stand for. When you are in business, your objective is to make a profit. If profit is not your objective then you have a hobby and that is an entirely different subject with entirely different tax rules. When you are in business to make a profit, you need to have the right market to target. That market is your niche. Niche is a French word pronounced “neesh”. Americans, often pronounce this word as “nitch.” And that rhymes with RICH. What is it that YOU do better than anything else? What do you do that sets you apart from others in your industry? What are you expert at or in? That is YOUR unique brilliance. When I worked for the Police Department I was proud be helping “to serve and to protect.” I learned as a child that the policeman was my friend and that if I was ever in trouble, I should look for a policeman. In those years women were not part of the uniformed patrol. But I grew up to proudly wear that uniform for a few years.. Then I went to work for the Internal Revenue Service. Who wants to be freinds with the IRS man or woman? I would tell people that I worked for the largest accounting firm in the country. I learned how to hide what I did. Even today, the three letters “I R S” do not invoke a warm and fuzzy feeling for many people. But my own experience is what makes me unique! It is that experience and specialized knowledge that allows me to do what I do so well. I help people pay their lowest legal tax. I help people understand the tax rules so they can play that annual high-stakes tax “game” to win. I help you Bullet Proof Your Taxes! So, who is going to be unhappy with that? The IRS is happy. When you file a correct return and pay your proper tax to begin with, the IRS has when you file your return, the money they are entitled to. They save money by not having to spend any more time or attention on your tax return. But their happiness is not what motivates me. YOU are happy because you are saving money by paying only your fair share and not a penny more. You are sleeping soundly at night. I have taken what could have been a nightmare and removed the giant fear of an IRS tax audit. I help you plan in advance so when (not if) that scary invitation from the Internal Revenue Service comes inviting you to “Come on down!”, you know you have everything you need. This former nightmare has become just an inconvenience. Who would be unhappy with what I do? People who want to cheat on their tax returns often don’t like my truthful answers to their carefully crafted questions. People who don’t plan well enough to be able to pay their fair share and want to take deductions they can’t substantiate or prove don’t like me because I follow the rules I am have promised to follow. But those people are not MY people. They are not my ideal market. They don’t want what I have to offer. What do you have to offer? Who is your ideal market? If you need help answering these questions, I’d love to be the one to help you with that. Watch my website for that new opportunity to work with me in developing YOUR Unique Brilliance. I gotta be me…. You gotta be you…. because You are the only YOU there is. I’m all about saving you money. To you lowest legal tax, Nellie Williams, EA  

Image courtesy of FreeDigitalPhotos.net

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irs audit employerAre you an EMPLOYER in the eyes of the INTERNAL REVENUE SERVICE? Do you have people that work for you in your business? Are you treating them like employees? What does that mean, Nellie? (“Whatcha talkin’ ’bout Willis?” from the TV Show Different Strokes) When you are the employer and have employees in your business to help you get your work done, your product out, your sales made, whatever they do to help you, YOU are the boss. YOU have EMPLOYER responsibilities and EMPLOYER tax liabilities. Congratulations! You are in good company. So many entrepreneurs go into business because they know how to do what they do. I was lucky to work for some high-powered organizations that showed me about what management really meant. Chain of Command! Employee Services Division, Personnel Department, and now called Human Resources.   What I’ve Learned I am happy to share with you some of the things I took with me into my own business. I don’t have all the answers, but I have some very important tips for you that will save your bacon! BEFORE you ever write a worker a paycheck, you need to protect this very important deduction for yourself! It is so simple. Have your worker fill out a form W4. This will give you their name, their address, and their very important and confidential SOCIAL SECURITY NUMBER. It is vital that you protect your payroll information from identify theft. It is also vital that you have this information before you pay them! What is their motivation to help you protect yourself and your wages deduction after they already have their money? As the employer you will be withholding taxes from their check. You will also have your own taxes to pay for the privilege of having someone work for you. YOU, the employer, and your employee share in paying the Social Security taxes composed of FICA (Federal Insurance Contribution Act) currently at 10.4% and MEDICARE at 2.9%. A self-employed person pays both halves of this combined tax or 13.30% total this year.   Payroll Holiday In 2012 Congress extended the “payroll tax holiday” they gave us in 2011 and the employees adjusted ‘half” right now is 4.2% FICA and 1.45% MEDICARE, totaling 5.65%. Your, the employer’s, half is 6.2% FICA and 1.45% MEDICARE. YOU pay to the INTERNAL REVENUE SERVICE all that you withhold from your employees AND your “matching” share. We don’t know if this will be available after December 31, 2012. But Wait, There’s more! PLUS you, the employer will pay FUTA (Federal Unemployment Tax Act) to the INTERNAL REVUE SERVICE and your state unemployment tax where applicable.   W-4 Many times the employee doesn’t know how to figure their withholding amounts or allowances. So let me give you my easiest rule of thumb. If you have a person who is not married and has no children, they count themselves as ONE. If that person has a child, then ADD ONE MORE. If that person has a home and pays a mortgage, they can ADD AN ADDITIONAL ONE MORE. So this person might have as many as THREE allowances. .But is it the correct number for them? The HIGHER the number of withholding allowances, the LESS INCOME TAX is withheld from their paycheck. Too high a number of allowances, or exemptions, may result in not enough tax being withheld. That can be a real financial nightmare on April 15th 🙁 If your employee is married, they may want to claim an allowance for their spouse. But if that married employee claims TWO and their spouse also claims TWO then between the two of them they have claimed FOUR exemption allowances and that can be too many resulting in too little INCOME TAX being withheld. I know this can be confusing, but it will become clearer to you as you work with their paycheck numbers.   HOW CAN I DO THIS? Here is a very simple example. Let’s say you will pay Jack $500 (gross or before deductions) a week. Each paycheck his share of Social security (both FICA and Medicare) is 5.65% or $28.25. If Jack is single and chooses ONE allowance, his federal tax withholding is $49.47 per check. Without any state income tax withholding his net check is $422.28. If you multiply these dollar amounts by 52, his annual gross wages total $26,000 and his federal income tax withheld totals $2572.44 or 10% of his wages. Will it be enough? If Jack chooses to use ZERO allowances, his federal tax withholding increases to $60.43 per week and his total for the 52-payday year is $3142.36. If Jack has a dependent and chooses to claim TWO allowances, his federal income tax withholding drops to $38.51 per check. And if Jack is married, he can choose to withhold at the married rate or at the higher single rate. There are SO many variables. I always advise checking your withholding mid-year in case you need to make adjustments or change your number of allowances claimed. You can do the math. Will you pay them once a week (weekly), every other week (bi-weekly) or twice a month (semi-monthly) like on the first and fifteenth of the month? Just remember that YOU have kept, or withheld, the taxes to be paid on behalf of your employee. If you think you can “borrow” these taxes to run your business in lean times, you are sorely mistaken. The amounts add up surprisingly quickly. Your employee is TRUSTING you to pay these taxes on their behalf. That is why the Internal Revenue Service calls these TRUST FUND taxes. There are tremendous penalties that can be assessed if your do not pay these taxes on time. So, do you know what time it is? The end of September is the end of the 3rd Payroll Quarter of the calendar year. Depending on your Employer’s Tax Liability, you may be allowed to pay your taxes when your tax return is due. If you owe more than $2500 with your return, you must deposit your employer’s taxes monthly. And if you have a large payroll you may fall into the 3-day deposit rule. In another blog I’ll talk about other important management duties. In the meantime, it is always about saving YOU money! To your lowest legal tax, Nellie Williams, EA
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irs audit     Did you know that the IRS has made a special provision for teachers of Kindergarten though Grades 12? This special attention is not a bad thing. This is a good thing.         The 3 R’s First, thank you for helping our children grow into our future leaders. I was, and still am today, a great student. Thanks to my parents and my teachers, I love to read. Reading opens the world to us. ‘Riting allows us to communicate and allows me to share with you on this blog. And the third “R”, ‘Rithmetic, allows me to add up all the numbers and be successful in my chosen profession. It is my specialized knowledge as a former IRS tax auditor, a former IRS “insider”, that benefits YOU in knowing how to protect yourself from, how to prevent, what can be for some, the dreaded INCOME TAX AUDIT. The INTERNAL REVENUE SERVICE does not make the laws. They are like the TAX POLICE. They enforce the laws that our elected Congress makes.   The Special Provision So what is this special provision I brought up in my opening sentence? If you are a teacher, an educator, an instructor, a teacher’s aide, a counselor or even a principal, of grades K through 12, you can deduct $250 on the front of your 1040 tax return even without itemizing any other deductions!    There Are Some Requirements You DO have to spend at least 900 hours during the school year as an educator. The typical school year is 9 months long. 900 hours divided by 9 months is only 100 hours a month. Does a principal spend that much time in front of the classroom? I guess that depends on the school. And the requirement of grades K-12 means not preschool and not after high school. So college, university and trade school teachers do not qualify for this special treatment. This $250 “above the line” deduction is limited to amounts paid for expenses like books, supplies, computer software and equipment, and other equipment and materials used in the classroom. “Above the line” means this $250 is subtracted from your “total income” in figuring your “adjusted gross income.” Your tax preparer knows what all this tax lingo means. You just need to know you don’t have to itemize your deductions. You can take the Standard Deduction, AND on top of that, also claim this additional $250. If you and your spouse are both educators, you can each claim a $250 “above the line” deduction. So if you each spent $250, that would be $500 “off the top.” Be careful. This special deduction is “up to”, meaning “not more than” $250. If Jack spent $300 and Jill spent $200, your total spent as a married couple would be $500, but your “off the top” or “above the line” deduction is limited to $250 for Jack and $200 for Jill or $450 total in this example. Does Jack get to deduct that additional $50? Yes, if they claim ITEMIZED DEDUCTIONS, using Schedule A. If you own your home and pay interest on your mortgage, chances are you can itemize your deductions. Click Here to read my blog post on itemized deductions and the proper forms to use. Why do teachers get this special deduction? Many, if not most, schools have a limited budget for their teachers’ supplies and classroom expenses. Teachers want their students to have a good learning experience. Every student deserves the best education possible. And teachers are known to buy things that the school cannot supply. Three of the favorite words used by the IRS are “necessary, ordinary and reasonable.” Our government does not want to fund expenses that are considered “lavish or extraordinary.”   The 4th R The fourth “R” that I feel is SO important stands for RECEIPTS! Record keeping is REQUIRED to protect your deduction. Of course I don’t care if you don’t keep your receipts. And IRS doesn’t care if you don’t keep your receipts. But I will guarantee you this. If you don’t keep your receipts, you will lose your tax-saving deductions! Only YOU know what you spent your money on for your classroom. Are you an art teacher that needed to supply special materials for a classroom project? Are you a geography teacher that wanted a topographical globe or map for your classroom? Do you put gold stars on your young student’s good work? Whether you pay by cash, check or credit card. Keep the receipts. Make notations on the receipt to help you remember what you bought and why you bought it. Deduct the expense in the year of your purchase.   Your Report Card I give you an “A”. I give you a gold star for helping our youth and for allowing me to help you pay your lowest legal tax.   Nellie Williams, EA Bullet Proof Your Taxes  

Image: FreeDigitalPhotos.net

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avoid irs problemsYour Income Tax Return is More than Just 1, 2, 3… Your Income Tax Return is also A, B, C, D… When you start your tax return, after the heading with your name, address, Social Security Number you will eventually get to the lines that allow you to voluntarily report your income. Ours is called a voluntary system because you voluntarily report your different sources of income. In other countries the government has an agreement with employers to withhold their required taxes. Our voluntary system does not allow you to decide to file one year and not file another year. It is not that kind of voluntary. AND if you decide not to voluntarily report your total income, ALL of your income, the Internal Revenue Service has it’s own ways of determining you have been less than totally truthful. Page one of your 1040 Income Tax Return shows gross wages, interest and dividend income, net business profits and other sources of income. Your net business profits come from Schedule C – another form! Your interest and dividend income come from Schedule B – another form! Page two of your 1040 Income Tax Return has a space, a line, for you to report your total itemized deductions. Finding your total itemized deductions takes work, but it can be worth it in saving you tax! There are several categories of itemized deductions. They are reported on Schedule A – ANOTHER FORM! Unless you are filing a 1040 EZ, the simplest of income tax returns, you will have more than one page to your tax return, more forms before you are finished. And when your tax preparer asks you questions, it is not because they are nosy (maybe they are nosy) but they want to find every tax benefit for you. Yes, a good preparer will charge you for saving you money, but I hope you believe that paying that tax preparer to help you pay your lowest legal tax is a very good investment. Schedule A, Itemized Deductions is not for everybody. The biggest deduction is usually interest paid on a home mortgage. If you do not own your own home you may not be itemizing. But the government has special gift for you. You do not have to do anything extra to take advantage of this tax saving gift. That gift is called the Standard Deduction. The amount varies depending on your filing status (see my blog on filing status here) and it can also change year-by-year depending on what laws our Congress pass. If you thought the Internal Revenue Service made the laws, you are mistaken. It is Congress that makes the laws. It is the job of the IRS to interpret the laws and design the forms to properly implement the laws. It is YOUR job to understand the laws and file a correct tax return. And that is where your trusted advisor, someone like me, comes in to help you file a correct and accurate return. If you engage the services of someone like me, we help you pay your fair share, your lowest legal tax, and not a penny more. With the advent of the RTRP, Registered Tax Return Preparer, everyone who is paid to prepare a tax return MUST take the required number of education hours each year and annually report their hours to the IRS in order to stay in business. RTRP is the entry level tax return preparer. The designation was years in the making and came about to protect YOU, the public, from unscrupulous tax return preparers. You’d be surprised at how much tax fraud is committed by people pretending to want to help you and take your money. The last part of page two is where you SIGN your tax return. You need to know that when you sign your tax return you do so under the penalty of perjury. You are attesting that yours is an accurate return. Did you know you are swearing under oath that you have reported all of your income? Did you know you are swearing under oath that you are taking the deductions you are entitled to according to the law? Did you know you are swearing under oath that you can verify all the numbers on your return if asked to do so? That is why keeping records (see my blog on record keeping) is so very important. And you can swear all you want about keeping your logs, keeping your receipts, but you’ll be swearing up a storm if you don’t have them when the IRS comes calling. 🙁 Did you know there are two or three signatures on every return? You sign. If you are married filing jointly, your spouse signs. And your preparer signs. We all sign under penalty of perjury. It is my job, as your preparer, to ask you the questions that support our (and I say our because your return is our joint effort) tax return entries. I can’t answer for anyone but myself, but I will tell you, you cannot pay me enough to knowingly lie for you on your tax return. The penalties are severe. Oh, my, I can carry on. Watch for my next blog where I begin talking about medical deductions, the very first section on Schedule A.   To your lowest legal tax, Nellie Williams, EA Bullet Proof Your Taxes   Image: FreeDigitalPhotos.net
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Did you know you are born with an income tax return filing status? We all start off life as Single. Even if you are a twin, you are a Single taxpayer. Can a baby be a taxpayer? Did you ever hear of the Gerber Baby? The answer is “Yes.” And as an American citizen, your taxable income includes your WORLDWIDE income. Your filing status is determined by your marital status on the last day of the calendar year. When you marry, and are married as of December 31st, you will generally choose Married Filing Jointly. Now your taxable income includes the worldwide income of both husband and wife. One of my clients asked, you mean if I get married on December 31st, I am treated as I was married ALL YEAR? And the answer to that question is YES. Maybe you want to marry on December 31st, but wait until after midnight to say “I DO!” and sign the license on January 1st. With planning you can choose the year you begin your joint return. One thing I want you all to know: “Marry the man (or the woman) and you marry their tax troubles, too.” So be sure you know all the facts and enter into this new partnership, this new joint venture, with your eyes open. Maybe you are part of an alternative lifestyle – part of a committed couple. Registered Domestic Partners of same-sex couples may have special choices for their state’s return, but not for the federal return. The Internal Revenue Service will still expect a separate income tax return for each of you. Some couples resist government intrusion into their personal lives and choose not to obtain the required state license to become married in the eyes of the law. They just share their love and share their lives. This is not a forum for the discussion of common law marriage (which is governed by your state), but the married filing status is reserved to the lawfully wedded couple. Sometimes there is trouble in paradise. Couples separate. When a married couple is still married, but living apart, they may choose Married Filing Jointly OR Married Filing Separately. If you are legally separated, have a court-issued order of separation, but are still talking to each other, you may be better off tax-wise to continue to share information and file a joint return. If you do choose Married Filing Separately, or are forced into Married Filing Separately because your spouse is not available to (or refuses to) sign a joint tax return, you will lose some of the tax benefits available on a joint return. Some of those many lost benefits include, among others, some tax credits and some education deductions. If one spouse itemizes, the other spouse MUST itemize and cannot claim the standard deduction. If you are receiving Social Security benefits, a larger percentage of those benefits may be income taxable. There are also adjustments to capital losses, passive losses, sale of residence exclusion, and others. IRA contributions and deductions can also be affected. I recommend you consult a tax professional so if you do have a choice, you can make an informed decision. If the formerly happy couple turns to divorce, the divorce decree will state in writing the agreements made by the divorcing couple. When I review a divorce decree I look to see if alimony or spousal support has been awarded. The spouse who pays alimony may deduct it. The spouse who receives alimony must include it in their taxable income. I will also look to see how any children of this marriage will be treated for tax purposes. You have to understand that the IRS is not a party to this divorce. Even though the divorce decree may specify who is to claim a particular child as a dependent, there is a specific form that MUST BE part of your tax return to protect your income tax return. Form 8332 is used by the custodial parent to release the exemption to the non-custodial parent. There are so many different rules that must be addressed here, that I will save them for another blog post. If you are a parent and there is at least one qualifying dependent residing in your home, you may qualify to file Head of Household. If you are still married, one spouse may be Married Filing Separately and the other spouse may be Head of Household IF they did not live together the last six months of the year. If you are divorced it may be easier to determine your filing status. The last filing status is Qualifying Widow or Widower. Qualifying means there are rules to follow. Of course! We are talking INCOME TAX CODE! If your spouse died within the past two years, you were entitled to file a joint return in the year of your spouse’s death, you did not remarry, and you have a dependent child or stepchild (not foster child) living with you the entire year, you may qualify as widow(er). Have you heard, “Things Change.”? How many times was Elizabeth Taylor married? Like Liz, you may find yourself returning to Single when the other filing status no longer apply to you. It’s all about saving you money!   To your lowest legal tax, Nellie Williams, EA Bullet Proof Your Taxes
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tax auditAre paying yourself enough? Can you afford to pay yourself a wage or compensation fair to your industry? Must you take a paycheck or can you take a draw? Why not just write yourself a check? It’s your business, isn’t it? When it comes to auditing your business, the IRS wants answers! Do you have the right answer? Do you know what the right answer is? Are you totally prepared for an IRS Tax Audit? Let me help you. I used to be your worst nightmare. Now I am on your side. I am not helping you cheat the IRS, but I want to help you beat the IRS. We are not bending or breaking any rules. I am just helping you know those rules so you can do the right thing, pay your lowest legal tax AND stay on the right side of the Internal Revenue Service. First you have to determine, identify and realize what kind of business entity do you have? Are you an entrepreneur in business for yourself? Do you file a Schedule C as one of the forms with your 1040 Individual income tax return? If you file a schedule C you DO NOT take a paycheck. You take a draw. There is no tax withholding from a draw. You pay your income taxes and self-employment taxes by making quarterly estimated tax payments. If you don’t pay in enough during the year you may have a balance due the IRS when you file your tax return the following year. If you owe more than $1000 with that return you could also owe penalties and interest. 🙁 Are you a corporation or an LLC electing to be taxed as a corporation? If this is you, you file a form 1120 or 1120S. And now you DO NOT take a draw, you pay yourself a wage or take a salary. As a business entity, you will have an entity identification number or EIN. This number is like the social security number for the business. And this number is the number that also goes on your quarterly employment tax returns. How much wage or salary can your business afford to pay you? You can’t take a check when the money isn’t there to take. If your business is healthy, then you must take a fair wage. How does your paycheck compare to others in your same industry? Are you calculating your withholding properly? So many questions! Are there answers? Yes, but you definitely want  a consultation with a reputable advisor to help you with these questions. Are you paying those withheld taxes to the IRS as often as your are required? Some businesses with less than $2500 required payment can make this payment with their quarterly report. Others have a larger liability and make their deposit electronically to the IRS every month. If you have many employees and a larger payroll, your company will make their deposits more often than monthly. And you’ll have staff to help you meet those requirements. If you have a money crunch and think you can keep those payroll deposits until you feel better able to pay, you are FLIRTING WITH TAX DISASTER! The IRS will treat you as if you are stealing from your employees. The money you withhold from  their paychecks is THEIR money. Those employees are trusting you to pay that money to the IRS on their behalf. These withheld taxes are called “Trust Fund Taxes” by the IRS. It is NOT your money to keep! One sure way to lose your business is to push that envelope. Have you ever seen the fattest chain with the biggest padlock wrapped through the handles of a business keeping those doors from opening? I have. Not even a Houdini could break those bonds! And the only way you’re going to unlock that padlock is to pay those trust fund taxes. Okay, so lets get back to taking a fair paycheck for your industry. How much do other people in your line of work make? What are the industry standards? Does your business have the cash to pay it’s suppliers and pay you too? Are you trying to minimize your employer tax responsibilities and just take a check without withholding? I caution you to do the right thing. Not for the government. Not for the IRS. But do the right thing for YOURSELF! Did I tell you anything you didn’t already know? Did I remind you of things you did know but were hoping nobody else would remember either? IRS has a memory as long as an elephant’s. They make detailed notes. They never forget. And while their agents may be human just like you and me, when you are facing an “adjustment” by an IRS Agent, he or she can seem to you as big and mean as an elephant. And their Revenue Agent’s Report can seem as loud as a trumpeting elephant.   To your lowest legal tax. Many Happy Return$,   Nellie Williams, EA
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Fourth of July is one of my favorite holidays of the year! I love America, the great patriotic songs and the fireworks. This is a significant holiday – it is the celebration of our Independence from England. We fought against taxation without representation. I can remember my trip to New England like it was yesterday even though it was many years ago. Following the marked Freedom Trail in Boston, I could feel the energy of Benjamin Franklin and our other great founders. I imagined Betsy Ross stitching our first flag with 13 stars representing our first 13 original states in a circular pattern. If you ever get a chance to go there, I hope you have as touching a time as I did. I hate to tell you this, though. Did you know we are officially into the second half of our calendar year? It is summer and it is hot in Phoenix, Arizona. My mother was right, again. The older you get, the faster time flies. What does this half-year point mean for you income-tax wise? If you are an individual taxpayer who files a 1040 Individual Income Tax Return, this is a great time to check on your income tax withholding. Are you having enough withheld? Will you just barely cover your tax? Will you get a refund? Are you going to owe the IRS come next April 15th? Are you a good money saver? (I save a lot of other stuff.) Do you just naturally and automatically set aside money to cover those “down the road” expenses? If we just open our eyes, we know we have regular bills every week, like personal items and groceries. We have regular bills every month, like car payments and mortgage payments, We have regular bills every quarter, like car insurance and estimated tax payments if you are self-employed. We have regular bills twice a year, like real estate taxes if your taxes aren’t paid through your mortgage. And then we have those special once a year bills, like anniversary presents, birthday presents, Christmas and other holiday presents and the unexpected.  I don’t want to save for a rainy day… it might just rain. And if we save for the unexpected are we just inviting trouble? It sure is nice, though, to have that cushion of comfort a savings account can provide. Are you one who lives paycheck-to-paycheck and needs to spend your whole paycheck on necessary living expenses?. Do you want to use your withholding as a savings account? Did you know you can do that?  Some argue truthfully that the IRS does not pay you interest on the income taxes you withhold from your paycheck. But right now the banks don’t pay much interest either. If you know you’re going to owe the tax eventually, think about paying in a little each payday rather than be unhappily surprised with a big headache of a tax bill next April. Here’s one other little secret that most people don’t know. The IRS keeps accurate tabs on the estimated tax payments a self-employed person deposits with the government. They know exactly when they receive your payments. If that estimated tax payment is late you can suffer interest and penalties. But , here’s the secret. Withholding is considered paid evenly throughout the year even if it is not withheld evenly during the year. I never want you  to have any “tax train wrecks”. It is not too late to get yourself back on track. Can I help you check to see if your withholding is on track? To your lowest legal tax. Many Happy Return$, Nellie Williams, EA
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