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IRS taxThis is not our usual springtime 15th tax season.  This is our fall, extension time tax season. In April, the Internal Revenue Service  has been known to sprinkle the news with stories that scare taxpayers into compliance. The IRS knows that scare tactics can help people be more honest when filing their returns. Lately, the IRS has been in the news for their misdeeds. This is not the kind of publicity they choose for themselves. They are showing their human side. Every government office is staffed with individuals. These employees are human beings, just like you and me. Sometimes a single person may forget they are a civil servant. They forget their job is to serve the public. The fall victim to the emotional pull of power and greed. When I was an auditor in training I heard a story about a former co-worker. Former is the key word here. Usually, when management gets wind of a choice of action that is outside an employee’s job description, that employee gets noticed. A good manager will first counsel the employee. The manager will give that person a chance to clean up their act. They will give that person an opportunity to “fly right”. Sometimes, though, the misdeed is so wrong that the person is fired and maybe also arrested for committing a crime. This story was one I heard years ago. The story I heard was about taxpayers writing their checks for taxes due. Most people just wrote their checks payable to “I R S”. I wrote my checks to IRS, too. Then we were instructed to completely spell out the words “Internal Revenue Service”. Would you have thought that somebody was changing the letters “IRS” to “MRS” and adding a last name? That is exactly what happened. That employee was altering the taxpayers’ checks. (More than one!)  That employee was stealing the taxpayers’ tax money and putting it in their own bank account. The crime was against both the taxpayers and against the government. Today we are asked to write our checks to the “United States Treasury”. Every year I must attend a certain amount of what is called continuing professional education, CPE, to maintain my credentials. Every year the tax laws change and I focus on knowing what I need to know in order to do my best job for you. My mind was never figuring out how to break the laws.  But there are plenty of people who do just that. Lately the IRS has been caught with their hand “in the cookie jar” so to speak. They have delayed the applications of certain groups asking for legitimate tax-exempt status. They have wrongly targeted certain individuals for audit. These are examples of human beings who have let their access to power cloud their judgment. If you keep your eyes on doing the right thing, you’ll never have to be worried about any negative consequence. You’ll be able to sleep soundly every night.
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ID-100144471Do you remember playing a game called 20 Questions?  It’s a game for two or more players. One person thinks of something and the other players ask up to 20 questions trying to figure out what the first person was thinking. There is always something going on in the tax business, that sometimes I think we are all playing 20 questions with the IRS.  Maybe it is the IRS trying to figure the public out. One of the most recent topics in the tax news today affects all of us in my business, but only a few of my clients.  If this doesn’t affect you directly, you may know someone who is happy to hear this news.  The IRS must follow the Federal Tax Code, the tax laws. In doing so, they draft  rules and regulations, procedures and policies. Once in a while a taxpayer or group of taxpayers will take an issue to court and changes are made. This is about one of the most recent changes. Keep in mind that while most states follow the federal law, each state can decide for their own state if they will follow the federal law to the letter or if their state will make exceptions to any law.  On their website, the Internal Revenue Service has published 19 questions and answers based on new Revenue Ruling 2013-17.  Here are just a few of the questions taken directly from that announcement. In the upcoming weeks I’ll include the answers to some of them.

“1. When are individuals of the same sex lawfully married for federal tax purposes?

“2. Can same-sex spouses file federal tax returns using a married filing jointly or married filing separately status?

“3. Can a taxpayer and his or her same-sex spouse file a joint return if they were married in a state that recognizes same-sex marriages but they live in a state that does not recognize their marriage?

“4. Can a taxpayer’s same-sex spouse be a dependent of the taxpayer?

“5. Can a same-sex spouse file using head of household filing status?

“6. If same-sex spouses (who file using the married filing separately status) have a child, which parent may claim the child as a dependent?

“7. Can a same-sex spouse itemize deductions if his or her spouse claims a standard deduction?

“8. If a taxpayer adopts the child of his or her same-sex spouse as a second parent or co-parent, may the taxpayer (“adopting parent”) claim the adoption credit for the qualifying adoption expenses he or she pays or incurs to adopt the child?

“9. If a sole proprietor employs his or her same-sex spouse in his or her business, can the sole proprietor get a refund of Social Security, Medicare and FUTA taxes on the wages that the sole proprietor paid to the same-sex spouse as an employee in the business?

“10. Will the IRS issue further guidance on how qualified retirement plans and other tax-favored retirement arrangements must comply with Windsor and Rev. Rul. 2013-17?”

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ID-10013658What’s in a name? What’s the big deal about your identity? So what happened to make me want to talk about this subject? xxxx Recently, I was traveling on business and invited my husband to join me. Since my trip was for business, my expenses were deductible. My husband’s trip was not for business, it was for his pleasure; therefore, his expenses were not deductible. Some of you may have a spouse that also works in your business. If so, your spouse’s expenses may or may not be deductible. xxxx Our travel involved flying from Phoenix to Chicago and then back from Chicago to Phoenix. Phoenix Sky Harbor boasts to be one of the friendliest airports. Chicago’s O’Hare is also a great airport, but let me tell you about our adventure with our Transportation Security Administration, TSA. xxxx I understand the agents at TSA have an important job to do. And the people we met in both cities were certainly nice. We had our boarding passes and our luggage was checked. We were ready to have our carry-on luggage screened and our bodies x-rayed. At O’Hare, for the first time ever, we were detained. Steve’s ID and boarding pass were confiscated! TSA wanted more information. I could go on ahead but I said, “No. We will stay together.” xxxx When I ordered our airline tickets, I got one ticket for me and one ticket for Steve. I married Stephen E and purchased his ticket under that name. But do you know what? When he produced his photo ID (and it does look like him, no question) the name on his Arizona Driver’s License is not “Stephen E”, but “Steve E”. Could you ever imagine this would be a problem? It had never been a problem before. I didn’t know the documents wouldn’t match. I had never asked to see his driver’s license. I had never “carded” him before 😉 xxxx Steve said he had been in a hurry when he got that license. He introduced himself as “Steve” so it was just natural for him to write his name as “Steve”, that’s what he calls himself.  Sometimes that’s what I call him, too. You might imagine all the names I was calling him that day. Okay, not really. xxxx The TSA Agent who was holding Steve’s ID and boarding pass, escorted us back to the airline ticket counter. I felt like a criminal being detained, but we had done nothing wrong. Did the ticket agent feel this Steve E and Stephen E were one and the same? Thank goodness we had allowed additional time! After a small delay, and a smile from the TSA Agent, she took us back to the front of the security check in line. We went on our way and had a few minutes to spare before boarding our flight home. xxxx This incident made me think about my role as a tax return preparer. I am careful to make sure everything matches up for my client. Sometimes we find out that is not always the case. Sometimes it is the Internal Revenue Service or our state Department of Revenue that lets us know things don’t match up. xxxx When preparing your return, take the time to make sure your name is spelled correctly, that your Social Security Number is entered correctly, double check that your address is current.  This is where IRS will send any important correspondence and you don’t want that sent to anyone but you!

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kid-go-to-jail-card

Do I have to pay taxes after I die? I thought taxes would end when I did!

While we are earning money, we get a W2 or a 1099 and we pay INCOME TAX.

When we have investments that pay us interest income or dividend income or we sell an investment for a profit and have a capital gain we pay INCOME TAX.  When we are retired and receiving retirement benefits we may pay INCOME TAX.

And you are saying…we might have to pay taxes even after we die?

If you leave too much money behind when you leave this earth, you may be subject to ESTATE TAX.

“But I have a will. Doesn’t that make a difference?” A will is a legal document that determines how your assets are distributed after your death. Do you remember the board game Monopoly?  “Go to Jail.  Go directly to Jail. Do not pass Go. Do not collect $200.”  Well, with a will you “Go to Probate. Go Directly to Probate… “

What is probate? 

According to Wikipedia, a probate court decides the validity of a will and grants its approval to the executor The executor is the person charged with having the legal power to dispose of your assets in the manner specified in the will.

The court wants to make sure your wishes are followed. And probate takes time – sometimes a lot of time and it can take money for legal fees. Creditors need to be notified and given time to present their claims. Legal notices will be published.

As many as 55% of Americans die without a will. Making no decision is still a decision. Families are supposed to love one another, but things can get ugly very quickly when MONEY is involved.

According to Morning Star.com, “If you don’t [have a will], the state will decide how your assets are distributed, and even who will be the guardian of your minor children. And once you have a will, it’s important to make sure it’s clear and up to date.”

Why do I want to think about a trust? What can a trust offer me that a will cannot?

Elvis Presley died with a valid will in place in 1988. His estate was valued at over $10 million. The probate process fees and taxes cost over $7 million! His family would have received much more if he had had a trust instead of just a will.

A trust is private, you avoid probate. While a will can be contested in court, it is much harder to challenge a trust.

Taxes do not always have to be paid at a death. But like anything else in life, it is better to have knowledge in advance so if you have a choice, you can make an informed decision.

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political contributionsAs long as I can remember I have celebrated Memorial Day. I LOVE to fly my American Flag! I remember celebrating holidays during he week, not just on designated Mondays. We celebrated the holiday on what we considered was the actual or official holiday date. Things change. My memory seemed a little faded since grade school. I wanted to learn a little more so I did some research. Just like when I research tax law, I found answers to some of my questions.   I was surprised to find that Memorial Day was first celebrated after our Civil War. It was after this same Civil War that the Enrolled Agent, my professional designation, was also first recognized.   In researching this holiday I found confirmation that we really did celebrate this day on May 30th. I was surprised to see that we once celebrated this holiday on May 5th. Now that I live in Arizona, we celebrate the Mexican holiday, Cinco de Mayo, on May 5th. Things change.   My father, like his brothers and so many other great people, served our military in World War II. I remember one of my aunts talking about Decoration Day. I didn’t really understand it as a child. It was the day Americans decorated the graves of soldiers. Decoration Day is now called Memorial Day. Things change.   One Memorial Day before my father died, I thanked my father for his service. I appreciated his sacrifice.  He didn’t say much. I asked him if he had ever been thanked before. He said, “No.” But his expression seemed to say, “Why would anyone thank me? This is what we did then.”   So for all who served, for all who are serving now, and for those yet to serve, I thank you for your service. My gratitude for you all will not change.   How do you serve? Who do you serve? There are many ways to serve, many organizations to serve.   What does this have to do with taxes? Taxes change every year. I am glad we still have a deduction for Gifts to Charity. This category includes organizations whose purpose is religious, charitable, educational, scientific or literary. Contributions also include organizations that work to prevent cruelty to children and to animals. Of course veteran’s groups are part of these qualified charitable organizations.   I am serious when I tell my clients, “Don’t let the tax laws rule your life.” Yes, pay attention to the tax laws. but live the way you wan to live.   You can give to whoever you want. But if you want to deduct what you give, you’ll want to be sure your organization (not an individual) can provide you with verification of their charitable status. You can check the status of your charity at www.irs.gov/charities or call the IRS Customer Service at 1-877-829-5500.   What can you deduct? Contributions can be money (cash, check, payments by credit card), property (new or used) and out-of-pocket (meaning you paid it with your own money) expenses you paid to do volunteer work for a qualifying charitable organization. Keep track of the miles you drive, parking and tolls, for your volunteer work. Don’t deduct any amount that was repaid to you.   If you want to deduct any gift of $250 or more, you need to have a statement from your organization before you file your tax return. This statement needs to show how much money you gave, or the description of the property you gave, AND whether or not you received any goods or services in return. If you did receive something back, this statement must state the value of what you received. I’ll talk about deducting non-cash contributions in another blog.   These days, so many people are listening to radio station WIIFM, What’s In It For Me? How do you give?  I was a Girl Scout. I lived near Lake Michigan and got a Red Cross Life-Saver certification. I played viola in my school orchestra. I still sing in my church’s choir.   How do you contribute? How do you give back? Our most precious resource is our time. But the value of our time is not deductible.   If you have questions about what you want to deduct, post a comment. This could be a great discussion.   Always to your lowest legal tax,   Nellie T Williams, EA
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irs tax auditIt doesn’t matter what business you are in. It doesn’t matter if you are in a business at all. We all must practice some kind of time management.   I confess. I am a deadline driven woman. And I do practice time management. Sometimes it is “just in time” management. Other people don’t realize they, too, practice “in the nick of time” management. Advance planning is the key to successful time management.   As carefully as I plan my tax season, as carefully as I plan my work days, there is always something that pops its head up, like that “whack-a-mole” game in the arcade. Something needs immediate attention. Do you have that in your life?   We have just ended another “1040 Marathon.” Just because April 15th is past doesn’t mean it is the end of tax season.   My father was proud of me when I told him I was going to leave the Internal Revenue Service and begin my own income tax practice. And then he laughed (not just to himself) when I told him it would be a great seasonal business and I could do other things the rest of the year. He had life experience and he knew better. And I have learned that tax season never really ends.   Yes, I filed an extension for myself and for several clients. I encourage clients to bring me their information so I can file their extension before 4/15 and then we sit down together and file their tax return later. As I’ve said in earlier blogs, the extension does not give you any more time to pay your taxes. It gives you additional time to file the information. Years ago I would have said, “file the paperwork”. Now that we file electronically, or e-file, we keep the paperwork and we file the information.   What happens if you filed that extension and when you finish your return you see that you owe tax? The IRS will assess interest and they will assess penalties. Interest cannot be waived.   The law requires they charge you interest on unpaid or late-paid taxes. The IRS will charge you interest from the date the taxes should have been paid until the date they actually were paid. PLUS they will charge you a late-filing penalty. IRS may also assess a late-payment penalty. This sounds terrible. Is there no end to these “additions to tax”? Actually, there is.   The late-filing penalty is 5% per month (or part of a month) with a  maximum penalty for late-filing of 25%. On just $100 that 25% is $25.00. On $1000, a 5% penalty is $50 and a 25% penalty is $250. How much will you owe?   My advice to you is to file that return as quickly as possible to minimize the penalty. IRS may send you a bill, and you may need to make payments, but you will be stopping that penalty.   In a future blog I’ll be sharing with you how to manage your tax payments. This will be good information for those of you who are self-employed. And I will have a secret tip for those of you who are employees.   Always to your lowest legal tax,   Nellie T Williams, EA
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irs audit help OMG! It’s almost April 15th. I’m not ready. What do I do now?   Relax. Breathe. Take inventory. Do you have all your W2 forms? Do you have all of your interest and dividend 1099 forms? Do you have your other income records? Gambling? Alimony? Hobby? Small Business? More?   What about deductions? Is this your challenge? Your papers are all over the place. Some are in this box over here, some are in that file over there. Oh, where IS that receipt? It’s not too late to start getting organized for THIS year. But what do you do now about last year’s information? It is the 2012 tax return we file in 2013. And the 2013 tax return will be filed in 2014.   The Key to Success Recordkeeping is the key to your success. This recordkeeping success helps you pay your lowest legal tax. AND this recordkeeping success helps you naturally and easily answer any question the IRS may ask at anytime. That’s what I call bullet-proofing your taxes.   Do you have income taxes withheld from your wages? Do you pay estimated taxes on your own small business profits and other income? Did you get a refund last year? Do you expect to have a refund this year too? Or are you afraid you are going to owe money? Again?   If you think you’ll never be ready to submit your income tax return by April 15th, then maybe an extension is just what your tax doctor ordered. But in order for this extension to be valid, you must have your taxes full paid by April 15th. You can send a payment with your automatic extension, Form 4868.   What About an Extension? The extension is a request for additional time to file. The extension does not give you additional time to pay your taxes. When you file this form, it automatically gives you up to 6 additional months to file your return. The April 15th due date magically becomes October 15th.   If when you compete your return you find you owe additional tax, the extension becomes invalid, or not valid. IRS will assess a late-payment penalty and they will assess interest from the April 15th due date of the return until the taxes are paid in full. The tax code mandates the interest and the IRS has no choice but to assess it.   If you do owe additional taxes, pay them as soon as you can. If you need one, the IRS may allow you a payment plan. As long as you can pay your taxes within 5 years, and you can pay the fee to set up this payment plan, they are happy to take your monthly payments. DO NOT BE LATE with your monthly payment.   My IRS experience is in the audit arena. I am not an expert in IRS Collection. I have colleagues who are former IRS Collection Officers and know exactly how to help you. If that is where you find yourself, I am happy to connect you with someone who can help you. Just let me know how I can help you.   Always to your lowest legal tax,   Nellie T Williams, Enrolled Agent
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irs tax audit   Here are the Five Top Tips I shared last week at Craig Duswalt’s RockStar Entrepreneur Conference.   They are just as important to employees as they are to business owners.     1. Know your income and expenses. How much money did you make? If you have a business, to keep things perfectly clear, you should also have a business bank account. Deposit ALL of your business income and pay all of your business expenses from that business account.   2. Know your business. And know your business structure. Are you a sole proprietor? A partner in a partnership? An officer or a shareholder in a corporation? Each of these distinct business entities file their own particular income tax form or return   3. Know your dates. When I mentioned on March 14th that corporate returns or extensions were due the very next day, people who had forgotten this important date scrambled  to meet their deadline. Some business returns are just going to be late. And late returns can be assed both interest and penalties. .   4. Know your team. Do you have employees? Are you an employee? Don’t try to push your matching half of social security taxes and medicare taxes on someone who really is an employee. Independent contractors have their own businesses and have greater control over what they do and when they do it for you. As long as the job is done satisfactorily, both parties will be happy. If you think you are an employee, work on the employer’s premises, use their equipment and follow their schedule, you are probably an employee. If the business owner is issuing you a 1099 instead of a W2, we need to talk.   5. No More Taxes. Pay your fair share and not a penny more. Nobody wants to be singled out by the Internal Revenue Service for an income tax audit. Think of a spider web. It is far and wide and practically invisible. You are walking along, minding your own business, when you suddenly find yourself in the spider’s web. This is the IRS tax audit. Can you get free? Will you pay more tax?   Naturally and easily know the  answer to ANY IRS question anytime! Stay tuned for the next chapter on how to Bullet Proof YOUR Taxes!   Always to your lowest legal tax,   Nellie T Williams, EA
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taxes-irs-building They are both deadlines to file tax returns with the Internal Revenue Service.   Individuals are familiar with April 15th. If you are a business owner, you must also be aware of March 15th!       Did you start a new business this past year? Did you form a corporation?   If you formed a corporation but did NOT file the paperwork to elect to be taxed as an “S” (or small) Corporation, then you are automatically considered a “C” Corporation. “C” Corporations pay tax on the profits they earn PLUS the shareholders who receive the dividends pay tax on those dividends on their individual income tax return. This is why they say  “C” Corporation profits have “double taxation”.   “S” Corporations do not pay tax. The “S” Corporation gives the shareholders of that corporation a Form K-1. The K-1 is sort of like a W2. It shows each shareholder their share of income or loss, deductions and other items to include on their own individual 1040 tax return. The shareholders pay the tax for their share of the corporation’s profit.   Corporation tax returns are due on March 15th. If your “C” Corporation had a profit, the taxes on that profit must be PAID by March 15th. Corporations, like individuals, can REQUEST an extension of TIME to FILE their tax returns. There is NO extension of time to PAY the taxes due. If the taxes are not paid by March 15th, and you have requested an extension of time to file, your extension will be considered invalid, or not valid. You will incur PENALTIES and INTEREST on the taxes due.   What else is important about March 15th? If your business has employees, you, the employer, withhold taxes from their paychecks. Withholding includes federal and most states’  income taxes, social security tax, and medicare tax. You, the employer, match the social security and medicare taxes withheld from your employees’ paychecks. All of the taxes withheld and the employer’s matching taxes must be paid to the IRS by a certain date. Sometimes that date is at the end of the quarter when filing the quarterly Form 941 report. Sometimes that date is at the middle of the month in a quarter.   If you are a small employer and your total 941 taxes will be $2500 or less for the first quarter of the year (January, February and March), you can pay this amount with your report which is due April 30th. If you will owe more than $2500 for the quarter, then you must make monthly deposits. These deposits are due by the 15th day of the month following the end of the month. March 15th is that date following  the end of February.   Is this clear as mud to you? It took me some time and marking a calendar for me to “see” when my different important dates were. I still put a date on my calendar to keep me from missing my deadlines. I encourage you to mark your calendar, too.     Always to your lowest legal tax,   Nellie T Williams, EA
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home office irs deductionCan you really save a bundle in taxes when you work from your home?   I know many very successful business people who do work from their home. I work from my office space in my home. This blog is all about the basics of what you need to know qualify for this deduction. You will know what you need to do to protect your deduction.     Basic Qualifications There are some basic qualifications. First, are you in a BUSINESS? A hobby is not a business. A hobby is usually an enjoyable activity. There is certainly nothing wrong with enjoying what you do. I have heard that if you enjoy what you do, it is not really work. But what makes your activity a business?   Is your business one that will allow you to support yourself and your family? Do you spend regular time and effort in pursuing the profit in your activity?  Are you making the decisions that help generate a profit? The Internal Revenue Service wants to see a profit reported on your tax return in three out of five consecutive years.   When you have a true business and you operate that business from home, the next question is, do you have a space in your home that you use REGULARLY and EXCLUSIVELY as your PRINCIPAL place of business? Regular means steady or consistent. Exclusive means only business is conducted in this space. The spare bedroom you have converted to your office cannot also be used as the guest bedroom or the playroom or any other personal activity. Principal means you have no other fixed location where you conduct the majority of your administrative or management activities of your trade or business.   No Walls Neccessary Your office space does not have to have a wall, or physical partition. Your workspace can be located in a corner or section of a room. The next question in deciding if you WANT to take this deduction has to with how much space in your home is business and how much space is not. Measure your work space. Measure your whole home. Divide the square footage of your workspace by the square footage of your whole home. If your work space is 10-foot by 12-foot, you have a 10 x 12 room or 120 square feet. If you live in a 1500 square foot home, your business percentage is 8 percent, 120 divided by 1500. You have to do the math to see if this deduction is worth taking.   If you own your own home and pay mortgage interest and real estate tax, you may choose to itemize your deductions. When you have a qualifying home office, you can deduct the business percentage of expenses not otherwise allowable as itemized deductions. Some of those expenses include home insurance, utilities and depreciation.   It is important to know that if you operate more than one business from your home office, BOTH activities must meet all of the qualifying rules or you get NO deduction for business use of your home.   Pictures Please Do you remember hearing “A picture is worth a thousand words.”? I recommend you take pictures of your home office space. Keep those pictures with your other records including your square footage calculation. Keep your monthly utility receipts for each year. Keep them for at least 7 years in case of a tax audit.   I’ve just touched on the basic points of this complicated deduction. If you have a question about your own particular situation, you will want to consult with a tax professional. Leave a comment on this site to continue the discussion.   Always to your lowest legal tax,   Nellie T Williams, EA
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