You’ll Be Surprised, But This Is A Popular IRS Audit Flag

May 30, 2008

IRS audits can be avoided if you take care of your financial well-being. Be wary of the red flags that lead to IRS audits.

In an audit, the accuracy of your tax returns is determined by the IRS. You must be able to prove certain deductions.

You may be surprised by these IRS audit flags:

* Making over $100,000.
* Drastic income changes. Proof of which is required.
* Charitable donations are too much. Donations must be proven with receipts.
* Inconsistencies in present and past returns. You have to be able to prove that you had a name change, address change, etc.
* Too many deductions if self-employed.
* Federal and state returns are inconsistent.
* Tax returns are unreadable or incomplete.

By truthfully filing your tax returns, you can steer clear of an audit by the IRS. Documentation should be kept for at least 3 years. Follow the following tips to steer clear of further issues:

* Know your rights such as you can do the audit by mail and you don’t have to meet with the IRS, pay in installments, and refute the audit’s accuracy.
* Be ready to show receipts by keeping documentation.
* If the issue is too complex for you, a professional should be consulted.
* If it is an honesterror, you have nothing to fear.
* Don’t disclose more details than necessary.
* Don’t panic because accuracy is just reviewed and you are not being accused of anything.

Your IRS problem shouldn’t be a nightmare. Steer clear of audits, and if you happen to be selected for one, keep calm. You can always consult an attorney for help.


The Long Arm of IRS Jurisdiction

May 27, 2008

Knowing how far and wide the reach of the IRS goes is a bit murky, and there are certain people who try to circumvent the law to avoid paying taxes. The IRS constitutionality and jurisdiction are normally questioned by tax “protesters.” As a taxpayer, you should be aware of the laws, so you don’t end up suffering from IRS problems in the future. Let’s take a look at the power and jurisdiction of the Internal Revenue Service.

A term typically heard on movies, jurisdiction gives leaders the authority to enforce punishment when addressing legal matters.

Because it has jurisdiction over all US taxpayers and those who earn income in the United States, the IRS is a bit amorphous. If you don’t understand that you have obligations to pay taxes as a taxpayer, you’ll definitely encounter IRS issues.

The Code of Federal Regulations, Title 26 speaks about the IRS:

“The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue. The Commissioner has general superintendence of the assessment and collection of all taxes imposed by any law providing internal revenue. The Internal Revenue Service is the agency by which these functions are performed.”

Taxes in all states that provide revenue, non-residents making money in the United States, and US citizens who make money or live in foreign countries are all under IRS jurisdiction. If you fail to pay taxes on capital gains, property, earnings, and more and you belong to any of these categories, IRS issues will happen.

As explained in this paragraph from Economy Plumbing and Heating Co. against the US, non-taxpayers are excluded from the jurisdiction of the IRS:

“The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to non-taxpayers. The latter are without their scope. No procedure is prescribed for non-taxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them [non-taxpayers] Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws.”

To avoid IRS issues, you must know if you are a non-taxpayer or not. You can find out from your state’s tax website or the IRS website.

To negate the IRS jurisdictional powers, tax protesters regularly make several arguments. A few insist that the 16th Amendment was not ratified properly, so the IRS is unconstitutional. The 16th Amendment provides Congress the power to lay and collect taxes on income, and it was, in fact, properly ratified by the necessary three-fourth’s majority of states.

Another lofty argument is that the IRS has no jurisdiction because it’s not a government agency. Actually, because the Secretary of Treasury has enforcement and administration power over the laws of internal revenue, the IRS was founded. Arguments such as these will give people IRS issues because the IRS does have jurisdiction over taxpayers.

You are under the jurisdiction of the IRS as a taxpayer. You’ll have serious IRS problems if you fail to pay taxes and report your income accurately.


The Tax Attorney and You

May 24, 2008

There are experts qualified to help you if you are overwhelmed by the tax laws’ complex loopholes. So you can grasp the different forms to fill out and the deductions better, there are Tampa tax attorneys to assist you.

A Tampa Tax attorney can be a requirement and an asset in several circumstances. You will require a qualified professional in the following circumstances:

* If you’re under IRS investigation.
* You need help in property and real estate taxes.
* If you have garnished wages and levied bank accounts.
* You have audit and back tax issues.
* If you are starting a business because business taxes are more complicated than personal taxes.

Though you can always represent yourself, getting an experienced Tampa tax lawyer truly has benefits. It could be your first time handling the IRS, but a tax lawyer has the knowledge and ability to deal with it.

Your Tampa tax lawyer will only furnish the IRS with the details necessary so your rights to privacy are protected. They can also negotiate better in your stead because they understand the tax laws by heart.

A Tampa tax lawyer will take the stress off your shoulders. The proceeding is no longer an emotional crisis as it becomes a negotiation between professionals.

The IRS would prefer dealing with a tax lawyer and not think you are guilty because you had one. A solution could be speedily arrived at if you assert your rights and have a representative to speak for you.

Having a tax attorney from Tampa is better than having other tax professionals. The attorney-client privilege ensures that everything you share with your lawyer is private. You’ll also benefit from legal analysis. Your attorney can figure out your best choices by analyzing your case. Your lawyer is an invaluable counsel if it’s necessary to go to court. They can negotiate for the best possible fix with the IRS for you. You don’t have experience with the tax system, but they do.

You can get a qualified tax attorney via referrals or Via Google. He must be licensed to practice law in your state. Experience in accounting or taxation and education in tax laws are a need. They can also be CPAs, or Certified Public Accountants.

Sometimes hiring a tax attorney from Tampa is the only solution for your IRS problems. Let someone else deal with the IRS so you won’t be stressed.


The Consequences of Not Filing Your Taxes

May 21, 2008

Because of the millions of taxpayers, you may think that what you do will never be noticed by the IRS. You convince yourself that it doesn’t matter even if you do not settle your taxes. It makes a huge difference, and worse, the IRS will learn. What happens when you don’t file your taxes? Where can you go for help – can the IRS help?

You will probably think that not filing for your taxes is a small matter but the government sees this as stealing and considers it an offense. Penalties can be classified into three levels, depending on your situation :

* Penalties for filing your taxes late
* Penalties for not filing your taxes at all
* Penalties for not paying your taxes

It’s easiest to deal with penalties arising from late filing of taxes. The IRS charges a penalty of 5% per month. For instance, a 15% interest will be charged to you if you filed on June and it is supposed to be submitted on April 15.The maximum penalty is 25%.

What alternatives do you have if you still have not filed your tax return and it is almost April 15?

This is an area where you can get IRS assistance by filing for an extension. You just have to fill out Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.This provides you with another 4 months to file your tax return. For additional time, you can use form 2688.If you do not request for an extension, the 5% per month starts accruing.

It is important to remember that asking for an extension doesn’t give you more time to pay your taxes. You have to pay at least 90% of the owed amount by April 15. Otherwise, you will be charged with a 0.5% penalty. This scenario then brings us to the next classification of penalty, which is not paying what you owe.

For sure, it is better not to pay the whole amount than not file at all. Again, let us demonstrate this by saying that you owe $5000. Just paying $1000 gives you a penalty of only 0.5% on $4000, which is a mere $20 monthly. Thus, it is imperative that you file and pay your taxes whatever way you can.

Not paying for your taxes after a number of consecutive months may implore the IRS to resort to more serious action. First, the penalty increases 1% a month. The IRS can also compel you to mortgage your assets or get a loan. Last but not the least, they can employ more rigorous collection techniques like wage garnishment and levying bank accounts.

Before situations get out of hand, refer to the IRS for assistance. You will realize that they’re not the Big Bad Wolf that they were portrayed to be. You may request them for 30-120 days extension. You may also be able to come up with a payment plan. Other forms of IRS assistance include installment plans, temporary delays and Offer in Compromise, to mention a few. Click on the IRS site for additional information on these alternatives.

Not bothering to file for your taxes at all means the most severe penalties. Aside from making it hard to get IRS assistance this situation involves high interests. 5% – 25% of the total taxable amount is charged to you per month. Let’s take a person owing $5000 and is already 5 months late for filing as an example. You can solve for the penalty using the formula: 5% X 5 X $5000. This gives you another $1250, more than 20% of the original taxable amount.

When a taxpayer repeatedly refuses to file, the IRS can accomplish a return for him and mail the bill, including fees. This option, on the other hand, forfeits the deductions he should have been entitled to.The IRS may press for criminal or civil charges should the above move prove to be unsuccessful. To avoid arriving at these unfavorable situations, ask for the assistance of the IRS. There are always options that you can arrange to pay what you owe without incurring serious consequences.


What are the Tax Deductions that You Can Benefit From?

May 18, 2008

For many, especially non-experts on taxation, tax time can be overwhelming. Should you go for the standard deduction or itemize? What can you claim if you opt for itemized deductions? Here’s a glimpse at what tax deductions are, some common ones you may be able to take, how to find out if you qualify, and how to benefit from them. For additional detailed IRS assistance, it is best to consult an accountant.

Tax deductions are useful in reducing your total taxable income as they are expenses taken from your gross income. Tax deductions are incurred by a taxpayer from a variety of reasons and purposes.

The two types of deductions are standardized and itemized deduction. Standard deductions, which are based on a person’s civil status: single, married, head of household, are fixed amounts subtracted from the gross income. An itemized deduction, which will be the focus of this write-up, is a corresponding amount for certain expenses incurred. Getting IRS or professional assistance will certainly be of great help if you are in doubt as to which type of deduction you can file for.

Tax credits, which are not the same as deductions are also available. You can acquire them from certain expenses such as having children, adopting children, paying college tuition for your children, earned income tax credit, energy efficiency. Instructions on your tax forms or those found online will help you determine if you are qualified for a certain tax credit. Unlike tax deductions, tax credits are deducted from the taxable income, not the gross income.

Here are some of the most common tax deductions that we can avail of:

* Fees for professional and business-related associations
* Costs of job-hunting
* Fees for job agencies
* Fees for professional references and magazines
* Union dues
* Business attire and uniforms
* Home and office expenses
* Legal fees to collect taxable income, such as alimony
* Tax advice and tax preparation fees
* Moving to a new job expenses
* Fees for IRS set-up and administration
* Some legal fees
* Donations to charitable institutions
* Business liability costs and insurance premiums
* Tuition fees for classes taken to perform better in your job

When calculating for your taxes, always ask for IRS assistance so you do not overpay. On the other hand, a number of supplementary materials are available should you decideto do the itemization on your own.

What are the basis in qualifying for the deductions and what are the procedures in claiming for them? For manual computation of taxes, guidelines in the instruction booklet will help you identify your eligibility. The web-based system also guides you along the process. Of course, an expert will be able to tell you which deductions you can claim for. The list of miscellaneous deductions is available online for more assistance on taxes.

Increasing the amount for refund or reducing the amount of taxes due are lawfully addressed through tax deductions. Be sure to employ professional assistance to be certain that you claimed what is due – or that you have not wrongfully availed of some benefits. Otherwise, allot time to conscientiously go over the guidelines in your booklet. Many taxpayers in reality, pay too much, so make sure you know what you can and can’t use as deductions.


What Does The IRS Allow For Deductions?

May 14, 2008

The strangest things are applied by people to attempt to deduct from their taxes. A woman attempted to deduct a $5000 mink coat as business expense. A man attempted to deduct a fallout shelter he built as “preventive medical expense.” A businessman tried to deduct the fee for the arsonist he hired to burn his store from his taxes. These deductions were denied, of course.

What deductions are accepted by the IRS? Consulting a Tampa tax attorney is your safe bet at having all the deductions you qualify for, but let us take a look at some common IRS deductions that you are allowed to have.

First, let us take a look at common business expenses that are deductible under the IRS laws:

* Business tools (Since they were important to her job, an “adult performer” deducted her breast implant costs successfully. Deductible for the rest of us are stuff such as work boots and clothes.)
* Membership dues or union fees for professional associations or organizations.
* Education relevant to your job.
* Expenses incurred during job search.
* Business trip expenses not refunded by your company.
* Dry cleaning of lab coats and other work clothes for security guards, police officers, and nurses.
* Home office.

The list of deductible work expenses is long. To ensure you benefit from the deductions appropriate for you, contact a tax professional. A few common tax deductibles are:

* Interest on student loans.
* At least 7.5% of your income’s worth of health premiums. Because the rules differ for this, ask a tax attorney.
* Fuel-efficient vehicles.
* Secured loans mortgage interests.

There are also some not-so-common deductions that are totally legitimate and can save you money. If you think you qualify for these or other deductions, make sure you check with a tax preparer or Tampa tax lawyer. You do not wish to miss out on legitimate deductions, but you do not wish to make frivolous deductions, either.

* Tax deductions for natural disasters.
* Your first job’s moving expenses.
* Non-cash charitable donations like materials for a charity bake sale.
* Up to $250 for expenses spent by teachers that are not reimbursed by the employers.
* Snacks for your employees as long as these aren’t considered compensation or wages for work.
* Up to $4000 in college tuition yearly.

To determine which deductions you are entitled to, search online. You will usually go through deductions to figure oout if you qualify if you utilize a tax preparation service online. You can also check with a Tampa tax lawyer for more guidance.

Knowing which deductions you’re entitled to is important. A dairy farmer’s African safari was successfully accepted on the basis that he had to study about wild animals. On the basis that he needed to look great every, a male model’s attempt at deducting his entire designer wardrobe was denied. If you are unsure, consult with a Tampa tax lawyer. You have to be careful if you want to have the tax deductions you require.