November 18, 2008

What If You Live Overseas? How To File Taxes

As an American citizen working abroad, you should understand that the US government requires you to pay taxes. If you do not know how, you will see that it is a relatively simple process. Filing is definitely a much better option to avoid IRS issues.

Numerous people assume that by living overseas, they're spared from filing and paying their taxes. This isn't true, unfortunately. As an American citizen, you're required to file your tax returns, regardless of where you're working to avoid IRS problems.

Citizens of the United States of America, as well as residents of the United States, can fill out two types of tax forms when working in a foreign nation. These forms are the Foreign Earned Income (Form 2555) and Form 2555-EZ.

Like everyone else, you'll have to file your tax return on the 15th of April every year. But a 2-month extension is automatically given for American citizens working in another country. This would offer you more time to correctly file the right forms and pay outstanding tax debts. To utilize this 2-month extension, you will have to attach a statement to confirm that you qualify for it.

One of the problems that some people who have recently moved to another country is that they didn't take all of their tax information with them, or they relocated before they could get all of their W-2 forms from their employers and they were actually sent to the old address in the United States. The honest and hard truth is that you will be liable for obtaining those documents. Whether that requires asking a good friend or family member to track down your mail, or asking your company to send a new copy to your new address, it should be accomplished. Another option is to let your company send you electronic copies through email, while the official ones are being sent via regular physical mail systems. This will enable you to accomplish your tax returns in a timely manner and prevent an IRS issue.

If your spouse is not an American citizen, there are several options to choose from when filing your taxes. You can elect to just report your own income for the year by filing as Married Filing Separately. You can file as Head of Household if you have children. By declaring your spouse as a resident alien, you can also file as Married Filing Jointly.

It is recommended to consult a tax preparer when filing taxes from overseas. With the many factors involved, this is the surefire way to avoid IRS problems.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

November 15, 2008

If The IRS Makes An Error, What Now?

Nearly each tax advisor who has worked for some years will have their own horror story when it comes to the IRS making a mistake regarding someone's taxes or tax record. As a matter of fact, most IRS errors cost or include virtually thousands of dollars. When summed up, the total figures are quite significant and huge. The IRS assessed almost 11.6 million penalties in the year 1986. The total amount equated to $2.5 billion. Final figures show that nearly $890 million of the penalties where eventually dismissed or dropped. That's thirty-six percent of the total amount the IRS billed to taxpayers. These amounts were gathered and calculated by the manager of tax policy for the United States Chamber of Commerce in Washington, David R. Burton.

Unfortunately, this is not the sole substantial error regularly experienced from the IRS. Usually wrong about 15-20% of the time are the letters they serve to taxpayers regarding underpayment or late filing. This means that millions of people are battling unjustified bills from the IRS who is demanding that they settle their tax liability. So if you understand that the IRS typically commits mistakes, what do you do when you get a notice notifying you of an IRS issue?

"The first rule in replying to an IRS notice is not to assume that they are correct", says New York tax manager Jo Carole Klepack. Though a phone number is printed in IRS notices for any concerns, "We found that accomplished very little because when you call, you speak with a clerk who isn't familiar with the case", according to Robert Israeloff of Israeloff, Trattner, & Company.

The best method is to pen a letter. You should make sure that you send only copies of legal documents and make sure you use certified mail or some other form of delivery where it can be verified that the mail was received by the IRS. IRS notices are issued by computer systems, so you'll most likely receive many more notices before your issue is actually resolved. But many issues are resolved through the mail.

But if the error is a rather big one which involves a substantial amount of money, it'll most probably benefit you to seek professional tax advice and even visit an actual IRS office. Instead of waiting for your letter to be read, addressing an IRS agent personally is so much better.

Numerous people believe that if they visit an IRS office, they will only bother the IRS agents and that will encourage further examination of their tax records. This is not the case, and in fact, visiting an IRS office in person may enable you to cease proceedings much faster, or simply bring the mistake to their attention which will cause them to decide if they will stop enforcement efforts until the matter is completely resolved one way or another.

But a few taxpayers may even benefit from the IRS errors. A possible but rare instance is when taxpayers essentially receive a higher tax refund than they are actually entitled to get. Unfortunately, many authorities recommend that you do not cash such checks as they'll only lead to an IRS issue later down the road. When trying to clear up an IRS issue, it is best to be patient.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

November 12, 2008

Retiring? Relocate To Florida or Alaska To Avoid Additional Taxes

Retirement is usually the time for relaxation, leaving worries behind and doing all of the things you want to do. Unfortunately, your income is considerably less than that of when you were working full time, so you will be existing on a fixed income. So every retiree is trying to pay the IRS as little as they possibly can. Some assess their tax returns with a microscope and look for every deduction they can legally claim. Others simply choose to relocate somewhere else. But you can just relocate to another state and not a foreign country. There are no income taxes in 9 states. And if they really want to leave IRS issues behind and avoid additional taxes, there are no sales taxes in five states.

Among the states that fit into both of these criteria is Alaska. Alaska is the ideal state to relocate to considering these 2 requirements. Of course, a substantial adjustment for numerous people is the weather. The 49th state might seem like the ideal state to retire in if you can get over the weather.  In reality, this could possibly cause an IRS issue as Alaska is not as tax-free as it seems to be at first glance.

A few of Alaska's boroughs collect property taxes, though the state does not charge sales tax. Only your first $150,000 will be exempted if you are at least 65 years old. Moreover, if you're concerned about the inheritance that you'll be leaving your children, you should be aware that Alaska also has an estate tax.

Obviously, it is not recommended to choose a place to retire based on taxes. But because you will be existing on a fixed income, it's normal to be concerned about income and real estate taxes. You need to know that you'll be paying more money for your home while you're receiving less because when your income decreases, real estate taxes tend to increase. Also, to prevent IRS issues, you might wish to find out how your property taxes will increase if you renovate your home.

Of course, many people decide that they would rather not worry about the upkeep and maintenance of a big house and instead, choose to live in a small apartment. Though this means that property taxes are cancelled, they may end up having to pay income tax rates that are higher if they're receiving considerable income from other sources like pensions. This is mainly decided by where your money comes from and not where you choose to live, regardless if it's Alaska or Florida.

Income tax are not charged in states such as Texas, Washington, South Dakota, Nevada, Wyoming, Florida, Tennessee, Alaska, and New Hampshire. However, income made from stocks or bonds are charged with taxes in states such as New Hampshire and Tennessee. Once people leave their jobs to retire, these are two of their most common income sources.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

November 9, 2008

IRS Negotiation Advice

The IRS only wants you to pay, no matter how much you owe. As a rule, you need to determine if the IRS is open to negotiation to settle on a compromise. The Offer in Compromise enters in this situation. It is not that simple to solve your IRS problems, however.

You should truly be poor to settle your IRS tax debt for pennies on the dollar because the IRS is very effective at getting the money that they are after. That means that you do not have any investments or assets, no equity in any properties you may possess, and you are not making enough money to offer any indication that you'd ever be able to pay off your debt. Only when the IRS fully realizes the plight of your case will they decide that accepting a lesser amount of money and wiping the slate clean is more cost effective than going after the small value of the assets that you do have and ending your IRS issue.

Indeed, you cannot simply pick any figure that you wish to pay the IRS on back taxes when negotiating an Offer in Compromise. The IRS will have you calculate what you can likely pay. To let you determine this figure, you can utilize Forms 656 and 433-A.

The process of negotiation can finally begin as soon as you have submitted your offer and the supporting documentation. If the IRS agents do not like your initial offer, they will send it back with a counter offer which could be somewhat higher, or the full figure. You are not at square one, though, if they come back with the full figure. This is a negotiation, and when attempting to fix your IRS problem, each meeting has various aspects that may hurt or help you.

As a benefit, filing an Offer in Compromise will cease all IRS actions against you. Until the acceptance or dismissal of your Offer in Compromise, all enforcement actions will be put on hold.

But even if your Offer in Compromise is dismissed, it may open the opportunities to other payment options. Rather than settling fully at one time, you may be able to set up an installment payment plan to make lesser payments and buy you time. Unfortunately, this doesn't stop interest on your back taxes from accruing. So even if you set up an installment plan, you'll wish to pay off the full figure as soon as possible to avoid prolonging your IRS issue.

Do remember that when you submit an Offer in Compromise, the statute of limitations on your tax debt is actually extended. Meaning, your statute of limitations is extended for another year if your case requires a year to process.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

November 6, 2008

Why You Have to Find The Best Tax Attorney

IRS problems are quite sensitive. To help you address IRS problems, find a tax attorney who has experience before it is too late.

A good tax attorney has the essential experience. They not only possess the knowledge, about they have also had practical application of that knowledge. A tax lawyer who knows the ins and outs of the industry is ideal when addressing IRS problems.

You need to find a tax lawyer who has experience in dealing with your type of case. Whether you're handling the IRS or the state, tax cases have various types. You will only make things worse for you if you pick a tax attorney who is not familiar with your case.

When looking for a tax lawyer, an excellent method is to review their education and any other references they provide. You need find out if he is particularly qualified for your case. Creativity is a characteristic you must look for in a tax attorney. As a matter of fact, creativity is a very useful skill for any lawyer. Because tax laws are usually vaguely represented and expressed, you need a tax lawyer who is creative.

A good attorney will be able to read deeply into the meaning of the law which, when coupled with a creative mind, will allow them to uncover a solution for you. The solution may be common and well-used, or it may need a more unorthodox method that many other lawyers would not have discovered had they not been as creative-minded. With that creativity, a tax attorney will hopefully be able to uncover an interpretation of the law that is in your favor, given your particular situation.

When you're hiring a tax attorney, you want one that has an expertise that is specifically useful to your case. He should be an expert with the particular sector of law your case is under. For instance, if you need an attorney who knows about corporate tax law, make sure you are not talking to an authority in international tax law.

Finally, don't settle for the first tax attorney you consult with. Although the first attorney you talk to may promise that they can help you out, it is absolutely worthwhile to speak with a few other attorneys about your case. Do not be afraid to take your time looking around to choose the right person to help you. You need to also search for better prices. Although, in matters such as these, it's usually advised that you don't employ a cheaply-priced attorney because that's the quality of representation you will receive.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

November 3, 2008

Three Commonly-Missed Tax Deductions

There are a number of tax deductions available but many people do not take them because they do not have any idea that such exist. More often than not, they learn about those deductions only when it is already too late. It is understandable that they do not know about them simply because there are too many deductions that can be legally claimed. In the same way that there are too many tax laws to take note, there are nearly as many different kinds of deductions that we can take. Sadly for some reason, the absurd ones that people claim, such as deducting donated body parts, aren't legally accepted by the IRS. Here are three of the deductions that are easiest to benefit from.

If you donate anything to charity that is not cash, then make sure that you do not forget to take the deduction and claim it on your tax return. This also applies to donations charged to your credit card. You can actually claim deductions for donations made in the year the charge was reflected in your account and not when the debt was fully paid.

You must also secure from the charitable institution a written receipt of the donations that you have given to them. You may also ask your credit card provider to give you the transaction record for charged donations. Bear in mind as well that donations of actual items follow the same policy. Hence, deciding to donate furniture and old clothes is definitely a good idea as you will be entitled to a tax deduction on this, to some degree. Just remember to get proof that the donation was indeed made, otherwise, you'll have no sure way of keeping that deduction. Lastly, make sure that all items donated to a non-profit organization are in good condition, otherwise, your application for the applicable deduction will be denied.

You may also deduct a certain percentage of the new points earned as a result of refinancing your home. If on June 1st you've refinanced your home for a 20-year term, you can actually claim for deductions equal to 7 (June 1 - December 31) of the 240 months. If the new points require you to pay $2,400 for the whole term, you may actually deduct $70 for that year, or $10 for each month. In the same manner, until the $2,400 will be fully paid, you can deduct $20 per annum within the 20-year term.

This kind of deduction is often overlooked by people simply because of the specific requirements that need to be met. As soon as you fulfill certain criteria, you can actually deduct your health insurance premiums from your total taxable income. Depending on how old you are, you may be able to deduct health insurance premiums that you otherwise end up paying. This stipulation even applies to premiums related to long-term care. Just don't forget to add these to your total account of medical expenses. That total should also be over 7.5% of your AGI, your adjusted gross income, before you will be able to claim the deduction or tax benefit.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

October 31, 2008

How to Make Charitable Contributions so as not to Invite an Audit Flag

The fact that you actually get something back is one of the attractive reasons for giving to charitable organizations. There's that general good feeling or natural high you might get from merely knowing that you helped someone out that day. However, since charitable deductions are in fact deductible, the IRS akes notice. The IRS also ensures that you almost have to literally jump through fire in order to receive your tax deduction on any donations you make. As of January 1, 2007, more documentation is required for deductions related charitable contributions. In the end, people still continue to donate despite the added requirements concerning this endeavor. 

Every dollar you donate translates to a certain saving, which is equivalent to your marginal tax bracket. For instance, you'll be entitled to a savings worth $250 or 350% if you make a donation of $1,000 and you are in the 25% or 35% tax bracket, respectively. Hence, in the 2nd option, the donation is just actually equal to $650. Sadly, there are restrictions to the amount of savings that you can get. If your contributions add up to more than 20% of your adjusted gross income (AGI) in a given year, you'll be subjected to the relevant deduction limits set by the IRS. Once again, the extent of the restrictions will be dependent on your specific circumstance. More often than not, the policies concerning contributions of this nature could get complicated and ambiguous that it will lead to audit flags or even an IRS problem.

What if a person doesn't spend much of his $100,000 AGI? As a result, the person will have substantial cash to make him/her qualified in giving out large contributions to accredited non-profit organizations. As a result, only 50%, or $50,000, will be subtracted from his/her AGI.

The examples above are only relevant to contributions made to fully-accredited institutions. You may also apply for deductions equal to the time and effort you've invested in volunteering to charitable works. However, in in cases when you make donations to specific persons or to those who merely asked for your help, such contributions won't merit a tax deduction

Smart givers never sell their stocks and simply donate the cash equivalent. Smart taxpayers do not hand over straight money, particularly when they can give stock or securities that have appreciated because doing so helps them avoid paying any tax on the income generated from the appreciation. The truth is, you can actually deduct the full market price of your stocks and not pay taxes on the appreciation if you had these for over a single year. For example, if you bought 1,000 shares of common stock in a corporation two years ago at $14 for each share, and on today's market it is actually worth $20 per share, if you donated the actual shares of stock to a charitable institution, then you could deduct the full $20,000 and not pay taxes on the gained $6,000.

If you donate old equipment, furniture, and clothes to charitable institutions, you can also get deductions equivalent to the fair market value of those items. The Pension Protection Act of 2006 stipulates that these items should be in good condition, otherwise you won't qualify for the deduction. Even though there was no clear and established definition of the term "good", you may want to ensure that all items donated meet this qualification. Otherwise, you'll be up for an audit, or worse, an IRS problem.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

October 28, 2008

The Various Ways that the IRS Receives Tax Returns

People tend to file their taxes in the same way that they have always filed them as tax season rolls on. This is generally a great occurrence since they are at the very least, certainly getting their taxes completed and filed. It's common knowledge that a big percentage of the population has difficulty with this yearly task. Unbeknownst to many, there are actually different methods that taxpayers can use in filing for their tax returns. Every method carries with it pros and cons but the more important thing is, people get to file their taxes. Of course, given a specific circumstance, one tax return preparation procedure will prove to be better than another.

As a relatively clear and simple example, consider a small business owner who decides that rather than referring to an accountant, he or she will calculate and file that year's taxes by himself/herself. This is in fact a practical approach but there are times when consulting a tax professional is the more preferred option. This isn't only to avoid legal problems from mistakes, but also to save as much money as possible from allowable deductions that the hired accountant would be able to identify with his/her experience.

One of the most popular methods in filing tax returns is using a tax preparation software, which was thought to have revolutionized the tax industry. But in certain scenarios, and depending on the kind of IRS problem the taxpayer has encountered in the past, this method may not always be the best solution. E-filing, online tax preparation, free filing through the IRS, the use of paper and pen forms and employing a tax professional are the other means of filing for your tax returns.

Every year, the IRS gets enormous numbers of tax returns from the various filing procedures that it has made available to all taxpayers. Identifying the best method to file for your tax return actually depends on your specific situation. Everyone must definitely take the time to truly assess their needs and abilities.

The use of the traditional paper forms are not the best alternative for some people. This is especially true for someone who has made many charitable contributions, has spent money on office supplies for their job, travels a lot, and has also earned money from investments like mutual funds and stocks and bonds. There's a lot of financial data that needs to be assessed and considered before simply filling out the IRS tax forms. The eventual goal is to get bigger refunds by minimizing taxable income and maximizing deductions.

Generally, the IRS has no major preference on what filing method should be used by people in filing for their tax returns. As long as it is appropriate for your particular case and everything is in order, the IRS will happily accept your tax return.

Certain circumstances, especially very serious ones, will require the hiring of a professional tax preparer such as an accountant or a lawyer. A professional will have more education and experience when it comes to filing taxes and they will be able to deal with very demanding issues and situations, enabling you to solve any IRS problems that you may run into in the future.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

October 25, 2008

Tax Tips for Your Online Business

Whether you have a conventional business where transactions are primarily offline, partially online, or completely online, you will need to file your taxes. When it comes to tax season, you're in the same situation with other nature of businesses. You are still required by the IRS to report all of your income, file your tax return and pay your taxes and other corresponding expenses. It's a good thing though that many tax benefits and even loopholes that apply to traditional business can also be applicable to your online endeavors. The challenge is for you to determine which of those benefits and loopholes apply to your company so that you will not be a candidate of an IRS problem.

To claim for tax deductions, online entrepreneurs should utilize the fact that a huge portion of their business is actually run at home. They can avail of significant tax deductions if they qualify for the requirements set by the IRS regarding this matter. One of these conditions is that their home office must be used regularly and exclusively for the purposes of their business. A normal dining room that is converted to an office during the day will not be a strong claim for this type of tax deduction.

The primary and main use of any given space or room should be for the business. Meetings with clients and daily operations are just some of the activities that should be conducted in that particular part of the house. However, you may divide the use of that space for personal and business purposes according to percentages. For instance, a room can be used as a home office 75% of the time, and a family area, 25% of the time. However, when possible it's always better that you keep it rather simple and make an effort to use the space solely for business or else you may have an IRS problem on your hands. 

Another condition that the IRS requires for this tax deduction is that the space you are claiming as your home office must be considered as your primary place of business. Often, online business owners will not have a hard time complying with this requirement because online business is mainly carried out at home anyway. This stipulation is just made for the IRS to ensure that business-related activities are not done in some other place. 

Meeting these two significant requirements for a home office will definitely translate to substantial savings on your home and business tax obligations. These include expenses related to rent or mortgage payments, insurance, utility bills and property taxes. One important thing to take note is that deductions are done on a percentage basis and you cannot be exempted on the full amount of your rent. To demonstrate, if your monthly mortgage is $10,000 and 25% of the home is used for business, you will be entitled to a monthly deduction of $250, and a yearly exemption of $3,000.  Just remember to have all your online business records so if questions pop up, you will not have problems in proving your claims.

There are also restrictions imposed to online business tax deductions. For instance, you cannot claim for a number of deductions which, when totaled, will record a net loss for that year. Technically speaking, you can't claim for a net loss equivalent to the $10,000 difference of an annual revenue of $50,000 and total exemptions of $60,000. What you can do in this case, however, is declare a net gain of zero.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print

October 22, 2008

Tax Deductions that are Immediate Alerts for an Auditor

It is natural for people to try to claim as many deductions on their annual tax returns. They want to get rid of the IRS as soon as they can and they also like to pay less whenever possible. However, a number of tax deductions have been used so many times or claims for deductions are almost irrational that when these are reflected in the tax return, the IRS will always notice. Yes, tax deductions are provided for some authorized reasons but more often than not, amounts claimed are so huge that any IRS agent will decide to subject that tax return to an audit. It's significant to remember that an IRS audit will cause you to have problems related to your taxes.

The topic on claiming deductions for a home office is among these misconceptions. People assume that they can claim a deduction equivalent to the entire value of the house if they make it an office. They don't realize that certain rules are outlined to orient taxpayers of the extent of their rights. Understand that IRS auditors have often seen many inconsistencies and errors on tax returns. In fact, they have computers that calculate the correctness of tax returns and even the probability on certain criteria which will help them in the decision to audit one tax return over another. When you deduct the total value of your home simply because you claim that you have a home office, be ready to be audited and to handle some upcoming IRS problems.

Another usual deduction is often taken by entrepreneurs who advertise their company's name on the side of their cars. They believe that they can automatically deduct all their auto expenses from their taxes. Unfortunately, this isn't the case. Normally, they can only claim for deductions related to the cost of the paint or the other advertising paraphernalia used on the vehicle. They will also be able to take a small deduction on the vehicle's auto expenses, but this is dependent on the car's business use. The deduction is proportional to the actual mileage dedicated to business use, hence, it is imperative to keep accurate mileage logs. Hypothetically, if you drove your vehicle 10,000 miles in the course of a year, and had 2,000 of those miles counted as business, then you would be able to deduct 20% of your auto expenses. If you are going to do this, then you should definitely keep very accurate mileage records, otherwise you may have serious IRS problems in the case of an audit.

Deductions related to body parts and pets also routinely appear on people's tax returns. Yes, people try to make deductions on body parts especially when these are donated for scientific purposes. Sadly though, if these donations are for non-profit groups and not 100% of your ownership rights and interests are donated, these are not valid claims for deductions. And since this endeavor only involves a body part, this does not qualify for the 100% giving up of your ownership rights. Hence, anyone who claim for deductions on body parts and pets are sure prospects of an IRS audit.

Filed under Blog by Income Tax Attorney

Spread the Word!

Permalink Print