IRS to Verify Refunds for Nonresident Aliens

Accounting to a new government report, the IRS is likely to take action to strengthen its controls over the processing of refunds sent out to nonresident aliens. The goal is to prevent issuing erroneous refunds.

Accounting Today reports:

The report, by the Treasury Inspector General for Tax Administration, noted that failure to address the problem could result in significant losses to the federal government as the questionable refunds issued to nonresident aliens are high and the probability of recovering fraudulent refunds from nonresidents living outside the U.S. very low.

“If the IRS does not take immediate steps to improve its ability to verify refunds to nonresident aliens before the refunds are sent out of the United States, the problem could increase significantly,” warned TIGTA Inspector General J. Russell George in a statement. “TIGTA discussed the control weaknesses we identified with the IRS and it is working on actions to address them.”

Nonresident aliens who receive U.S. sources of income must report and pay taxes on that income and file the U.S. Nonresident Alien Income Tax Return (Form 1040NR) with the IRS. This income is also subject to income tax withholding. In 2009, the IRS processed approximately 598,000 Forms 1040NR for tax year 2008. The total taxes withheld on these returns amounted to more than $2.4 billion and refunds amounted to more than $712 million.

TIGTA performed an audit to determine whether IRS controls ensured that only eligible nonresident aliens receive refunds. TIGTA found that inaccurate and fraudulent Forms 1040NR were not detected during processing. As a result, TIGTA identified a significant number of control weaknesses in the processing of refunds claimed on Forms 1040NR. In some 40 cases of questionable refunds issued to nonresident aliens, the refunds were very high, totaling more than $2.3 million.

Continue reading at Accounting Today.com...

Questions for the Tax Lady: May 10th, 2010

Check out the following new Questions for the Tax Lady answers and feel free to ask me questions through one of the links below. You can send me an email, direct message or @ reply, and I will do my best to get an answer for you!

Question #1: How much money do you need to make to benefit from itemizing your return?

There actually is no income range that will determine whether you would benefit more from claiming the standard deduction or itemizing your return. It all depends on how many deductions you qualify for. Add up the dollar amount of all the deductions in which you would qualify and if the total is higher than the standard deduction, you should itemize your return. If it is lower, then you should claim the standard deduction.

Question #2: I am in the process of filing bankruptcy. Will I need to include the resulting canceled debts on my tax return next year?

No. A taxpayer will not need to include debt canceled by bankruptcy if the cancellation of debt is granted by the court or occurs as a result of a plan approved by the court. None of the debt canceled in a bankruptcy case is included in the debtor’s gross income in the year it was canceled.

IRS Lacks Clout to Enforce Mandatory Health Insurance

Last year the IRS processed over 230 million tax returns, and responded to nearly 70 million phone calls from American taxpayers. They are responsible for enforcing the 71,000 page tax code, and beginning in 2014 the IRS will also take on the task of making sure Americans have qualifying health care plans. According to Sandra Block of USA Today.com, more than 4 million Americans could be subject to penalties of up to $1,000 by 2016 if they fail to obtain health insurance.

While the IRS can impose liens or levies, seize property or seek jail time against people who don't pay taxes, it's barred from taking such actions against taxpayers who ignore the insurance mandate. In the arsenal instead: the ability to withhold refunds from taxpayers who decline to pay the penalty, IRS Commissioner Doug Shulman said this month.

Still, compliance with the health reform law will be largely voluntary, says Timothy Jost, a law professor at Washington and Lee University. "By taking criminal sanctions and liens and levies off the table, the IRS' hands are tied, to a considerable extent."

Continue reading at USA Today.com…

IRS Debunks Frivolous Tax Arguments

According to their new press release, last week the IRS “released the 2010 version of its discussion and rebuttal of many of the more common frivolous arguments made by individuals and groups that oppose compliance with federal tax laws.”

Anyone who contemplates arguing on legal grounds against paying their fair share of taxes should first read the 80-page document, The Truth about Frivolous Tax Arguments.

The document explains many of the common frivolous arguments made in recent years and it describes the legal responses that refute these claims. It will help taxpayers avoid wasting their time and money with frivolous arguments and incurring penalties.

Congress in 2006 increased the amount of the penalty for frivolous tax returns from $500 to $5,000. The increased penalty amount applies when a person submits a tax return or other specified submission, and any portion of the submission is based on a position the IRS identifies as frivolous.

IRS highlighted in the document about 40 new cases adjudicated in 2009. Highlights include cases involving injunctions against preparers and promoters of Form 1099-Original Issue Discount schemes and injunctions against preparers and promoters of false fuel tax credit schemes.

Why Can’t the I.R.S. Help Fill in the Blanks?

In a new business story on NYTimes.com author Randall Stross wonders why in the digital age, taxpayers are still being forced to take the task of preparing a tax return from scratch. Stross argues that since government computers already have important data from employers and financial institutions, the IRS should help taxpayers with their returns.

Requiring taxpayers to file returns without being told what the government already knows makes as much sense “as if Visa sent customers a blank piece of paper, requiring that they assemble their receipts, list their purchases — and pay a fine if they forget one,” said Joseph Bankman, a professor at the Stanford Law School.

Many developed countries now offer taxpayers a return containing all information collected by the taxing authority — to “get the ball rolling by telling you what it knows,” Mr. Bankman says.

It is a stunningly reasonable idea. When you prepare your return, why can’t you first download whatever data the Internal Revenue Service has received about you and, if your return is simple, learn what the I.R.S.’s calculation of your taxes would be? You’d have the chance to check whether the information was accurate, correct it as needed and add any pertinent details — that you’re newly married, for example, or have a new child — before sending it. Far better to discover problems early with the I.R.S., whose say matters more than third-party software’s best guess.

The I.R.S., however, isn’t rushing to offer returns that are already filled in. In the 2009 report to Congress of its Taxpayer Advocate Service, it noted that during the 2008 presidential campaign, Barack Obama proposed giving taxpayers “the option of pre-filled tax forms to verify, sign and return.” The report said “it is not feasible at this time” because the agency receives W-2 data from the Social Security Administration and 1099 data from financial institutions too late in the filing season, “much later than most eligible taxpayers would be willing to wait.”

Continued at NYTimes.com…

IRS e-file: It’s Safe; It’s Easy; It’s Time

According to their newest press release, the IRS’ e-file program that allows taxpayers to file their return electronically opened for business on January 15^th. This year marks 20 years of safely and securely transmitting nearly 800 million individual federal tax returns.

The Internal Revenue Service debuted e-file nationally in 1990, delivering 4.2 million tax returns. Last year, IRS e-file delivered 95 million tax returns, 66 percent of all returns filed.

“Electronic filing is more and more popular every year, and most taxpayers now e-file. IRS e-file means faster refunds. It means the option to file now and pay later if you owe additional tax. It means peace of mind knowing the IRS received the return because we send an acknowledgement. Those are the reasons this has been a popular service,” said Doug Shulman, IRS Commissioner. “IRS e-file is safe, it’s easy and everyone should try it.”

Last year, more than 49 million taxpayers missed out on the e-file benefits. The IRS urges taxpayers, especially those people already using tax software, to take the next step and e-file their return or ask their preparer to e-file their return. The IRS urges tax preparers who electronically file some of their clients’ tax returns to consider filing all tax returns through e-file.

The IRS is working on faster acknowledgements of accepted or rejected returns. Last year, taxpayers received an acknowledgement within 48 hours that the IRS had accepted or rejected their return. Paper filers do not receive any acknowledgement. Also, if the IRS rejects an e-filed return, it will provide more specific explanations of the errors that caused the rejection. This will enable taxpayers to make corrections and quickly resubmit their returns.

IRS e-file offers the fastest, safest way for people to receive their tax refunds. By using e-file and direct deposit, taxpayers can get their refunds in as few as 10 days. Taxpayers even can opt to have their refund deposited into two or three financial accounts or purchase a U.S. Savings Bond.

Stuck in the Mud: IRS Spins its Wheels on Electronic Modernization

The popularity of electronic tax return filing has increased drastically over the past few years, and it has certainly not escaped the attention of the IRS. In an attempt to keep up with the trend and improve efficiency, the Customer Account Data Engine (CADE), a branch of the IRS began creation on a modern processing system that would get refunds back to taxpayers eight days faster than before. However, new obstacles are coming up which means the system may not be ready as quickly as the government had hoped. Checkout the following article from GCN.com on the struggle to get the system implemented.

The number of taxpayers filing electronic federal tax returns has increased steadily since 2005, accounting for more than two thirds of returns during the 2009 filing season. However, as the Internal Revenue Service enters the 2010 filing season, it is curtailing development of a major element of its modernization program and rethinking its strategy for delivering electronic services.

The Customer Account Data Engine (CADE), a part of the IRS Business Modernization Program that is intended eventually to replace the legacy Master File processing system, processed 40 million returns in 2009, producing taxpayer refunds from one to eight days faster than the older system. CADE originally was to be completed by 2012, but increasing complexities have extended that date.

“After over 5 years and $400 million, CADE is only processing about 15 percent of the functionality originally planned for completion by 2012,” a Government Accountability Office report says.

Each successive release of the system was expected to process more complex returns, but several technical challenges in the system had not been dealt with. The IRS estimated that full implementation would not be achieved until at least 2018, and possibly as late as 2028.

Continue reading at GCN.com…

Tax Tips for Caregivers

Earlier this week the RDTC Tax Help Blog posted this interesting article with tax tips for caregivers. Preparing and filing a tax return is difficult enough for the average taxpayer to figure out, however when providing care to an elderly relative or dependent your tax returns can get even more difficult. Fortunately, as this article explains, the IRS and a few dozen state tax agencies offer lots of credits and deductions to help anyone in this situation.

Claiming a Dependent

In most cases, caregivers can benefit from claiming the person they care for as a dependent. Just remember, you cannot claim an individual as your dependent unless you are providing over half of their support for the year of which you are filing. Additionally the dependent must be either related to you or have lived with you for a full calendar year.

Dependent Care Credit

Since providing care to an elderly relative or permanently disabled friend is more than a full time job, caregivers will often need to hire someone to assist them with the duties. Fortunately, the dependent care credit will allow you to deduct up to 35% of your expenses for hiring such help. Check out IRS Publication 503 for a full run down on the credit, and qualifying factors.

Deduction Qualifying Criteria

The person whom you are giving care to will need to meet certain criteria in order for you take medical expense deductions on their behalf. In most situations you will need to be related to the individual or they will need to be a permanent member of your household, meaning they have lived with you for at least a calendar year. The dependent will need to be a U.S. citizen, and most importantly you will need to have provided more than half of that person’s total support for the tax year. If you are not the only person providing a majority of the care then a multiple support agreement will be necessary.

Multiple Support Agreement

In some cases, more than one person is offering assistance to an individual, which can cause some confusion when tax time rolls around. As a partial solution, the IRS created the multiple support agreement. By filling out IRS Form 2120 – a multiple support declaration – one person in a group of two or more will be allowed to claim the individual in need of care as a dependent (even if they are not the majority care provider), and take the allowable exemptions. This type of arrangement is especially helpful for caregivers who do not make enough money to provide care to a dependent, as this type of situation can raise a red flag in the eyes of the IRS.

1/3 of Tax Returns Filed Pay Zero Tax

According to the Tax Foundation “46.6 million people who filed tax returns in 2007 had a zero or negative tax liability -- 32.6% of the 143.0 million tax returns filed. In about half of these cases, substantial additional money was ‘refunded’ to the tax filer. 15 million people do not earn enough to file a tax return, so 61.6 million people do not pay federal income taxes.”

The Tax Prof Blog posted the following video when covering this story of a FOX News segment with Jim Angle discussing this disturbing figure. You can check out the embedded video below.

Obama Tax Returns For 2008: See The Complete Filings

A few days ago, both Barack and Michelle Obama released their 2008 tax returns. The Huffington Post published an article examining their returns, and the amount of money they donated to charities. I’ve included a portion of the article below, but you can find the full text here.

When Barack Obama released his 2000-2006 tax filings during the height of the presidential campaign, he was criticized for slightly-less-than-biblically-required charitable giving.

In those years, Obama (serving as Illinois state senator, then U.S. Senator) never offered more than six percent of his income to charity. Twice he gave less than one percent of his earnings.

Fast forward a few years, and the Obamas' returns tell a different story -- both of a higher income bracket and a far higher rate of charitable giving.

The White House released the filings for both the President and the First Lady on Wednesday. Combined, the family brought in an adjusted gross income of $2,656,902, mostly from the sale of the President's books. The Obamas paid $855,323 in federal income tax. And they donated $172,050 - or about 6.5% of their adjusted gross income - to 37 different charities.

Here are the notable donations made

$25,000 to the Catholic Relief Services

$25,000 to the United Negro College Fund.

$5,000 to the American Red Cross

$5,000 to the Boys and Girls Club

$5,000 to the Juvenile Diabetes Research Foundation

$1,000 to Columbia University

$5,000 to the New Orleans Area Habitat for Humanity

$5,000 to St. Leo's Residence for Veterans

$2,000 to the Haiti Foundation of Hope

$5,000 to the Illinois Coalition Against Sexual Assault

Noticeably absent from the charitable giving is the place where Obama sent $22,500 in 2006: his old church Trinity United.

Lawyer Pleads to Tax Misdemeanors - Didn’t File Since ‘94

From ABA Journal.com:

A Mississippi attorney who allegedly hasn't filed a federal tax return since 1994 has avoided a trial in the felony tax evasion case he initially faced by pleading guilty today to two misdemeanor counts of failing to file.

Marshall Sanders, 57, who practices in Vicksburg, agreed to cooperate with the Internal Revenue Service in determining his past-due taxes and pay restitution and penalties, reports the Fort Mills Times.

"Under Mississippi Bar Association rules, a felony conviction would have resulted in the loss of a state license to practice law," the newspaper notes.

The government says Sanders grossed more than $2.3 million in 2001 and nearly $500,000 in 2002, reports the Clarion Ledger.

Sanders reportedly is a civil practitioner who earned an economics degree from Harvard University and graduated from Emory University School of Law.

No sentencing date has been set in the case, which is in the U.S. District Court in Jackson.

The Candidate’s Tax Returns Compared

Thanks to the TaxProf Blog, below is a chart comparing the tax returns of the four major presidential and vice presidential candidates (Sen. Barack Obama, Sen. John McCain, Sen. Joe Biden, and Gov. Sarah Palin). As you can see, Mr. Biden donated the lowest percent of his income to charity, but made more in the past two years than Mrs. Palin.

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Details on Biden’s Tax Returns

Although his Republican counterpart Gov. Sarah Palin has yet to release her tax returns, Democratic Vice Presidential Nominee Sen. Joe Biden has published his returns dating back ten years. You can download the PDF version of his returns at Obama’s campaign website.

The returns appear to be pretty straightforward, the Bidens had an annual income of around $200,000 - $300,000, which is about average for a member of the Senate. However, the percent of their income that was deducted for charitable contributions was very low considering the Biden’s income level.

“I wonder, though, if the move might backfire because the returns show that the Bidens have been amazingly tight-fisted when it comes to their charitable giving,” claims Paul L. Caron of the Tax Prof blog. “Despite income ranging from $210,432 - $321,379 over the ten-year period, the Bidens have given only $120 - $995 per year to charity, which amounts to 0.06% - 0.31% of their income.”

“It is jarring that a couple earning over $200,000 per year would give as little as $2 per week to charity. This giving compares very unfavorably to John McCain, whose tax returns show that he gave 27.3% - 28.6% of his income to charity in 2006-2007. During the same period, the Obamas' tax returns show that they gave 5.8% - 6.1% of their income to charity.”

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Interesting Opinion on Charitable Contributions

The New York Times posted an interesting new opinion on charitable contributions by Ray D. Maddiff. Below is a snippet of the opinion, but you can check out the full text at: Dog Eat Your Taxes?

“The latest news from the Palace, that Leona Helmsley left instructions that her charitable bequest of as much as $8 billion be used for the care and welfare of dogs, rubs our noses in the tax deduction for charitable gifts and its common vehicle, the perpetual private foundation. Together these provide a mechanism by which American taxpayers subsidize the whims of the rich and fulfill their fantasies of immortality.

The charitable deduction enables people to donate as much of their assets as they like for charitable purposes without paying a tax. While some choose to contribute to broad public goals, the law does not require it. In recent years, charitable status has been recognized for organizations with purposes as idiosyncratic as promoting excellence in quilting and educating the public about Huey military aircraft. Indeed, Mrs. Helmsley might have limited her beneficence to the Maltese breed of dogs she favored, and that, too, would have been allowed as a “charitable” purpose.

If this were only a matter of Leona Helmsley wasting her own money, no one would need to care. But she is wasting ours too.

The charitable deduction constitutes a subsidy from the federal government. The government, in effect, makes itself a partner in every charitable bequest. In Mrs. Helmsley’s case, given that her fortune warranted an estate tax rate of 45 percent, her $8 billion donation for dogs is really a gift of $4.4 billion from her and $3.6 billion from you and me."

Tax Season Do’s & Don’ts

Do - File Something
You must file a return with the IRS before April 15. If you do not then you will face penalties and fees that will eventually catch up with you. Even if for some reason you cannot file a return, at least file for an extension using IRS Form 4868. If you are likely to owe the IRS money, also consider sending in a payment to avoid additional fees.

To become eligible for benefits under the economic stimulus package, you need to file a return this tax season – even if you do not normally file a return. The IRS is going to determine the names and addresses of those eligible for a stimulus check based off this year’s tax returns. Therefore, if you do not file a return you will not get up to $600 in payments.

Don't – Omit Any Income
One of the biggest mistakes taxpayers make when preparing their returns is to omit part of their income. Remember that the IRS requires you to report all income including wages, business profits, interest, dividends, capital gains, pensions, tips, and even gambling winnings.

Do – Seek Help
If your taxes are too confusing or you simply have a question about your return, then do not be afraid to ask for help. There are accountants and tax preparation offices all over the country to prepare your return for you. Most will answer simple questions for you over the telephone.

Don’t – Get Audited
Technically you are always at risk for an audit since there is a random element in the IRS’ audit selection process. However, below are five red flags you can avoid to decrease you chances of getting an audit.

1. Drastic changes in income
2. Too many charitable contributions
3. Excessive amount of credits taken
4. Inconsistencies between previous returns
5. Reporting a suspiciously low income

Do – E-file
If you are going to file your return yourself then you should e-file. Studies show that people who e-file make fewer errors. You will also have confirmation from the IRS within a few days of receipt of the return. Additionally, if you chose to have your refund direct deposited, then you will receive it in as little as 10 days.

Don’t – Throw Away Documents
Just because you have sent your return to IRS does not mean it is ok to throw away your important forms, records, and receipts. If you are ever audited you will need all of these documents. Please make sure to store them in a safe place.

Do – Save Your Refund
Although most taxpayers look at a refund from the IRS as “free money,” the smartest thing you can do with your refund is use if to pay off high interest debts. The average household has nearly $10,000 in just credit card debt and most Americans either have a home mortgage or an automobile loan. Instead of wasting your refund on something useless why not pay extra on one of these lines of credit?

MLB Files Incorrect Return

According to TaxProf.org and Street & Smith's Sports Business Journal there are some potential problems with the Major League Baseball’s October 2006 Tax return.

"MLB did not include the compensation amounts for its other top officers in its most recent return. The names of MLB President Bob DuPuy and four executive vice presidents are listed but without pay totals. Those numbers appeared in prior MLB tax returns, with DuPuy pulling in a total of $4.875 million in the 2005 fiscal year.

Nonprofit tax experts said such omissions are not permissible under the current tax code. "The [tax return] instructions just couldn’t be clearer. The compensation of the officers, directors and key employees must be disclosed in the return," said Marcus Owens, former director of the IRS’s exempt organizations division and currently an attorney with Caplin & Drysdale in Washington, D.C., representing a variety of nonprofits.

Said DuPuy of that assessment, "We respectfully disagree."

Leaving out officer compensation in Part 5-A of the nonprofit return could be considered an incomplete return and could subject MLB to fines up to $50,000 per year from the IRS, Owens said."

IRS Claims E-Filing off to a Strong Start

The IRS announced that e-filing is off to a great start this tax season. So far, over 38 million returns have been electronically filed. This represents a 5 percent increase from the same period last year, with double-digit growth coming from taxpayers filing from their home computers. More than 12.3 million returns were filed from home computers, which is an increase of almost 14 percent from the same time last year.

“E-filing continues to be the preferred way to file your tax return. It is the fast, easy, safe and more accurate way to file your tax return,” claimed IRS Acting Commissioner Linda E. Stiff.

As for the total amount of all refunds, $106.7 billion has been issued so far in 2008 with the average refund amount of $2,708, up two percent from the same time last year. So far this year, the IRS has directly deposited 33 million refunds out of the total of 39 million refunds. The direct deposit refunds were valued at just over $96 billion with the average amount of a direct deposit refund of $2,900.

IRS E-Filing Now Open For Most Taxpayers

As of last Friday, the IRS officially opened e-filing for the tax season. All taxpayers that are not affected by the last minute AMT patches are now eligible to e-file their federal tax returns. To find out if these changes will delay when you can file your return, check out “How Will Congress’ Last Minute AMT Fixes Affect My Tax Return” on the RDTC Tax Help Blog.

Last year over 80 million taxpayers e-filed their income tax returns. Almost 57 percent of all returns were filed electronically.

“IRS e-file is the fastest, easiest and most accurate way to file a tax return,” claims IRS Acting Commissioner Linda E. Stiff. "We strongly encourage taxpayers to take advantage of the benefits that electronic filing offers."