May 2008

May 30, 2008

The Nature of IRS Penalties

Taxpayers usually feel apprehensive when confronted with the possibility of being penalized by the IRS or having to pay back taxes. Unbeknownst to them, there are actually guidelines and procedures that will help them deal with these issues. These include negotiations and setting up of installment plans, all directed at eventually dismissing probable penalties and back taxes. To review, cases like not filing tax returns, incorrectly filing of taxes, misleading the IRS and not paying quarterly taxes endanger taxpayers for penalties. For information on the complete list of penalties, including the processes on penalty abatement and assessment, you may refer to the Penalty Handbook. It becomes clear then that aside from the regular collection of taxes, the government also earns through the interests collected from delinquent taxpayers. Because the government wants to ensure that IRS penalties assessment is exercised properly, it provided taxpayers with several courses of action and made the process of dismissing tax levies relatively more friendly. Compared to the outrageous battle it once was, the process is now friendlier. Taxpayers are educated with the basics of interests, levies and penalties abatement when they make time to browse through the IRS Penalties Handbook. This knowledge ultimately reduces our odds of being subjected to these penalties. The IRS Penalty Policy Statement implies that penalties are in principle, no longer automatic. If you can prove that your actions were done in good faith, you may qualify for the cancellation of some or all of your penalties or IRS abatement of penalties. You may ask how much the IRS makes from the collection of penalties alone. Approximately, the total often amounts to over $15 billion. This is certainly a substantial source of income for the government but on the downside, this causes a great deal of frustration on the taxpayers. The situation worsens, for some people, as the penalty is added to the total amount of tax due. As a result, the new larger sum becomes the basis of the interest. Interests on tax debts actually go as high as 25%. Over a very short period of time, this can actually double or even triple the total amount of debt, making it significantly more difficult for the taxpayer to settle the full amount. When you are issued a notice that states that you are being penalized for owing the IRS money, one of the first courses of action to take is to respond to the IRS in writing and make a request for a cancellation of penalties. This is the initial stage in the abatement process, which all taxpayers are entitled to. All of the IRS penalties contain a ‘good faith exception’ clause written into their provisions. This clause provides the IRS with the ability to legally cancel your penalty if they decide that you did not intentionally attempt to defraud or mislead the IRS. Again, IRS penalties can be quite intimidating to common taxpayers, but the presence of alternatives and resources make this matter easier to manage.

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May 27, 2008

IRS Audit Flags

Root canals and IRS audits are two things that can make you wince. If you look after your teeth and avoid particular factors, you may be able to steer clear of a root canal. Likewise, you’ll be able to avoid an IRS audit by avoiding particular practices and take care of your financial well-being. There are many red flags that show that you may have an IRS problem, and they may have to audit you. In an audit, the accuracy of your tax returns is decided by the IRS. Particular deductions should be proven. A few IRS audit flags to know: * One flag for IRS auditors is claiming too much donations to charity. If the standard charitable donation is $500 and you list $2000, this puts you out of the standard, which raises the possibility that you will be flagged for an audit. You have to keep your receipts and be able to prove all $2000. * Too many deductions for those who are self-employed. The IRS cautiously watches these deductions. * You will be closely examined if you earn over $100,000. * Inconsistencies between this year’s return and last year’s. Inconsistencies are going to be noticed, even easy ones such as name changes. * Drastic changes in income. For instance, the IRS will target you for an audit if you only earned $20,000 this year when you earned $20,000 last year. Your income may have changed for several reasons. You need to be able to prove it. * The IRS flags incomplete tax returns. You are prone to be audited if your returns have incomplete or unreadable answers. * Inconsistencies between state and federal returns. The secret to avoiding an IRS audit is to report your income and deductions truthfully and to stay under the radar. You should also save documentation for at least 3 years. If you find yourself among the 1.66 million Americans who are being audited, how can you cope with minimal stress and damage? Take a look at these tips to keep this IRS issue small: * Be aware that you can pay in installments, conduct the audit by mail without meeting the IRS, question its accuracy, and other rights. * By gathering documentation, you’re prepared to present receipts. * Consult a professional if you find the issue too complex. * If it’s an honesterror, you have nothing to fear. * Unnecessary details shouldn’t be provided. * Don’t panic because accuracy is merely reviewed and you’re not being accused of anything. Your IRS problem shouldn’t be a nightmare. If you cannot avoid audits, keep calm if you’re selected for one. An attorney can assist you.

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May 24, 2008

The IRS Jurisdiction’s Scope

There are certain people who attempt to avoid paying taxes by walking around the law because they are not aware of how far and wide the IRS extends. The IRS constitutionality and jurisdiction are normally disputed by tax "protesters." So you do not end up suffering IRS issues in the future, you must be aware of the laws as a taxpayer. Let’s take a look at jurisdiction and the extent of the Internal Revenue Service. The power provided to legal bodies or political leaders to enforce consequences and address legal matters is called jurisdiction. The term is commonly heard on television shows or movies about crimes. Because it has jurisdiction over all US taxpayers and people who earn income in the US, the IRS is a bit amorphous. If you don’t understand that you have responsibilities to pay taxes as a taxpayer, you’ll definitely suffer IRS issues. Pertaining to the IRS is the Code of Federal Regulations Title 26: "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 give revenue, non-residents earning money in the United States, and US citizens who make money or live in foreign countries are all under IRS jurisdiction. If you don’t pay taxes on capital gains, property, earnings, and more and you belong to any of these categories, IRS issues will happen. There are people who don’t fall under the jurisdiction of the IRS. To show that non-taxpayers are excluded from the regulations and rules of the IRS is this paragraph from the Economy Plumbing and Heating Co. vs. The United States case: "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 need to find out if you’re a non-taxpayer or not. You can find out from your state’s tax website or the IRS website. Tax protesters insist that the 16th Amendment that provided Congress the authority to collect taxes on income wasn’t properly ratified, discrediting the jurisdiction of the IRS. With a majority vote, the 16th Amendment was indeed ratified. Another frivolous argument is that the IRS has no jurisdiction because it’s not a government agency. In truth, the IRS was founded because the Secretary of Treasury has administration and enforcement power over internal revenue laws. The IRS does have jurisdiction over taxpayers and arguments like these will give people IRS problems. Failure to pay taxes or declare your income truthfully can result in serious IRS issues. You are under IRS jurisdiction if you’re a taxpayer.

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May 21, 2008

What You Can Benefit from a Tax Attorney

If you see yourself daunted by the complex loopholes of tax laws, there are qualified experts to assist you. Tax lawyers from Tampa can assist you with the deductions and the different forms to fill out so you will grasp them better. There are several situations where a Tampa Tax lawyer can be a gem and a necessity. Here are a few of the situations where you require a qualified professional: * You are under investigation by the IRS. * You need help in property and real estate taxes. * If you have garnished wages and levied bank accounts. * You have audit and back tax problems. * If you are building a business because business taxes are more complex than personal taxes. Should a tax lawyer be employed? There are definite benefits. First, they have experience handling these kinds of cases. Tax attorneys from Tampa have the experience, skills, and knowledge to handle the IRS. You can always represent yourself, but a tax attorney will most likely have a better grasp of the confusing tax laws. Another benefit is that your rights will be safeguarded. Your Tampa tax lawyer will make sure that the information needed by the IRS is furnished and only that information. Your rights to privacy will be safeguarded. Also, they are in a better position to negotiate information because they are more deeply familiar with the tax laws. A huge benefit for having a tax attorney is that it takes the emotion out of the proceeding. It becomes a negotiation among professionals, rather than a highly charged event. This is to your benefit because it becomes a fixable problem, instead of an emotional crisis. If your case is being handled by a tax lawyer from Tampa, an enormous amount of stress is taken off your shoulders. Yes, you are still going to worry, but you don’t have to panic or lose sleep. The IRS would prefer dealing with a tax attorney and not presume you are guilty because you had one. By using your rights to get a representative to speak for you, a solution could be speedily arrived at. There are a few other advantages pertaining to getting a Tampa tax lawyer as opposed to another tax professional. The attorney-client privilege guarantees that anything you share with your lawyer is private. You also have the advantage of legal advice. Your attorney can determine your best options by assessing your situation. Your lawyer is an invaluable counsel if it is inevitable to go to court. Tampa tax attorneys are also able to negotiate with the IRS to get the situation fixed in the best possible solution for you. You do not have experience with the tax system, but they do. In a tax lawyer, what should you search for? First, they must be licensed in your state to practice law. They need to have experience in accounting, a Master’s of Law degree in taxation, or any advanced training in tax law. A few tax lawyers are also Certified Public Accountants (CPAs). Get a tax lawyer from Tampa who has relevant experience. Use Google to uncover more information. Sometimes hiring a tax attorney from Tampa is the only solution for your IRS problems. Let someone else take a portion of your stress and deal with the IRS.

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May 18, 2008

What Are the Consequences for Not Filing Your Taxes?

We are attracted with the thought of not paying taxes because there are so many taxpayers.Surely, you would think you will not be noticed. You are dead wrong, however, as the IRS will know. It is then important to know what the consequences for not filing your taxes are,  what you need to do if you were not able to do this obligation, and where to go for assistance.

For the government, non-payment of taxes is considered stealing and you could be penalized for this. Depending on your tax status, levels of penalties may vary :

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

Grave consequences develop as a result of not paying your taxes, aside from the fact that you will be labeled as a delinquent tax payer. Let us tackle one by one the above-mentioned penalties.

The penalties for filing your taxes late are so far the simplest to deal with. The IRS charges you with a monthly fee of 5%. 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 use IRS assistance by requesting for an extension. You simply have to accomplish Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.You then have until August 15 to file. For more time, you can use form 2688.If no request is forwarded to the IRS, the 5% penalty starts accruing.

It is important to remember that requesting for an extension doesn’t give you more time to pay your taxes.  By April 15, you must pay for at least 90% of your dues. Otherwise, you will be charged with a 0.5% penalty. This brings us to the next penalty, which is for not paying what you owe.

Certainly, not paying the whole amount is better than not filing at all.  Let us use the example that you owe $5000. Paying only $1000 generates a mere $20 charge, which is 0.5% multiplied by $4000. Thus, it is important that you file and pay your taxes whatever way you can.

Failing to pay your taxes after a couple of months increases the penalty by 1% monthly. The IRS can request that you take action to pay, such as mortgaging assets or getting a loan, if you continue to be delinquent on your taxes. They may also make use of other more serious methods like wage garnishment or levying bank loans.

When the situation gets really bad, the IRS can very much help you.  Extensions ranging from 30-120 days and assistance in laying out a payment plan may be provided Installment plans, temporary delays and Offer in Compromise are yet other alternatives that can be tried out. For more information, visit  the IRS site. All these only point out that the IRS, indeed, is nothing like the way they are portrayed to be.

The most serious penalties are imposed to those who do not even bother to file for their taxes. This situation will cost you large amounts of money, aside from making it hard for you to ask for IRS assistance. 5% – 25% of the total taxable amount is charged to you per month. Note the case of a person owing $5000 and is 5 months late for filing.  Total penalty is 5% times 5 times $5000. This gives you another $1250, more than 20% of the original taxable amount.

The IRS may fill out a return and send the bills and fees to a tax payer who, over time, refuses to file. The IRS-completed return will not offer the taxpayer deductions he would otherwise be entitled to.The IRS may press for criminal or civil charges should the above option prove to be unsuccessful. Before your tax situation gets to this point, ask for IRS assistance.  There are always options that you can arrange to pay what you owe without facing the serious consequences.

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