June 30, 2008
Filing and IRS Bankruptcy Basics
In essence, bankruptcy already has a depressing implication and this negativity is magnified with the latest amendments in the laws surrounding it. For some people, unfortunately, this turns out to be their best bet. Therefore, it is important that we comprehend what the concept really is, what the filing requirements and guidelines are and what the process is. The option to refer to a Tampa tax lawyer should not be overlooked as his professional assistance is very important in bankruptcy filings. First, how is bankruptcy defined? It is when a person or business is declared unable to pay his dues. There are three different types, or more legally referred to as Chapters, of bankruptcy for individuals, married or domestic partners. Let’s visit each Chapter. • Chapter 7 is most often filed by individuals or couples. Debtors have a grace period to liquidate assets to pay off debts. They are allowed to keep enough to make a fresh start financially (meaning they don’t have to sell everything) • Chapter 12 is made specifically for family farmers or fishermen • Chapter 13 or “debt reorganization” – usually granted to those who show the promise to pay off their financial obligations in a period of three to five years. Corporations can employ the use of Chapters 7, 11 or 15. In the first chapter, businesses are shut down as a consequence of bankruptcy. The 2nd option permits businesses to stay open while re-organizing their debts. Chapter 15 focuses more on foreign debt management. To repeat, the importance of employing the services of a Tampa tax lawyer should not be overlooked. What does bankruptcy relief encompass? Credit card debt, hospital expenses, and unsecured loans are examples of debt that can be covered. Child or spousal support and some tax debts are not covered. Your Tampa tax lawyer can very much help you in your filing requisites especially because bankruptcy laws were reworked in 2005. The process is now more complex. Allow me to demonstrate this fact through a few cases: • Copious amounts of paperwork regarding earnings and expenses are needed for filing. Your Tampa tax lawyer can help you determine which forms you need and help you generate them. • Debt counseling from approve counseling institutions is needed six months before filing. • You have to meet income requirements, which should fall somewhere in your state’s median income. Incidentally, this changes from state to state. To check if you meet the requisites for Chapter 7, you can refer to the US Trustee Program of the Department of Justice or consult a qualified Tampa tax lawyer. How do you file for bankruptcy? It is possible to do it on your own, but remember that it is a legal process with extensive effects. You may opt to hire an expert who is experienced in bankruptcy laws. You choose whether you are filing for Chapter 7 or 13 and then file with the bankruptcy court. You are then given a trustee who is accountable for making sure that you collect all the necessary pieces of information. Next, you inform your creditors of your move to file for bankruptcy. They will need to end their attempts of collecting money from you. As the method continues, you will need to talk with creditors. Filing for bankruptcy is a long-and-winding process, so be willing to wait it out. Finally, how does filing for bankruptcy influence your income taxes or IRS standing? The straightforward response is that it depends. In general if a debt is forgiven, then that amount is considered taxable income by the IRS, with the exception of bankruptcy. However, bankruptcy will minimize the other tax benefits the debtor otherwise may have been qualified for. One more item to remember is that when you file for bankruptcy, it makes a bankruptcy estate, which contains all your assets. If you file under Chapter 7 or 11, this creates a separate taxable entity, which means that you will have to pay taxes on the estate. The regulations and guidelines of bankruptcy can be very complex. For more information, you can consult the IRS for specific tax queries. You must also consult with a Tampa tax lawyer. The decision to file for bankruptcy is a major life decision: be certain that you have all the assistance and paperwork you require to make an intelligent choice.
Filed under Blog by Income Tax Attorney
June 27, 2008
A Checklist for Filing Taxes
A checklist ensures that you have everything you need when it is time to settle taxes. The process will not be nearly as stressful because the process will be simplified. You have to make sure that you get serious about the whole thing when you decide that you’re ready to do your taxes to send everything out. You must pay attention and stay focused. If you’re not focused and are getting distracted by other thigs, then you’ll probably commit a mistake which could lead to a big IRS problem. Even if you’re not going to sit down and do your taxes in one go, you can do other things such as schedule specific times when you know that you must focus on so you can prepare accordingly. After you’ve decided that you are going to be focused on the task at hand, the next step is to really begin. Getting everything prepared is done by most people. They can get everything done, except the most essential task – their tax returns. An essay due the next day is the best way to get college students to tidy their room. When it comes to filing taxes, the same is true with many people. They will get other things prepared, and then procrastinate until they end up filing an extension. Everything moves pretty slowly when people start doing taxes, that’s the problem. You’ll be breezing through those tax forms eventually, however, because this will not last long. You just need to get started. Getting organized is something you must do. Most people’s taxes are simple because they do not have too many income sources or assets. They only must fill out a 1040EZ and a W-2 form from their employer. It is a bit more complicated for other people. These people should organize. Being organized can make the process of filing your taxes much easier, but then it will also allow you to represent yourself better in case the IRS decides to audit your tax return. Anyone who’s ever shown up in an IRS audit with a box full of loose receipts can tell you how it is. When it comes to your taxes, it is always better to get organized. It is a lot of work to stay informed on the tax code’s various changes yearly, as well as the ammendments of your personal circumstance. But if you take the time to educate yourself on the latest guidelines to take advantage of as much deductions as possible, you can potentially lower how much you should pay the IRS. You can read up on the most essential changes on the tax code in a library or online, or through the brief, free, 298-page IRS Publication 17. If you really should maximize your deductions, consult a tax professional. They can help you avoid handling IRS problems and maximize your deductions.
Filed under Blog by Income Tax Attorney
June 24, 2008
The IRS Cannot Collect If You are Bankrupt!
Regardless of the reasons, many people fall on hard times financially. The IRS may think that they also must be settled for tax debts, increasing the amount owed to creditors. And unlike other bill collectors, the IRS can be very ruthless in their attempts. If the IRS decides to pursue particular collection methods, they could wreck a taxpayer’s life definitely. Offering a bit of protection against the IRS’s worst debt collection techniques is filing for bankruptcy. Bankruptcy is often misunderstood by taxpayers. It is viewed as an easy way to escape from debts. This isn’t so. Bankruptcy was first designed as a way that allows people to search for legal debt relief, and that includes tax debt relief. When you file for a Chapter 7 bankruptcy, there is a good chance that, along with all of your regular debts, your tax debt will also be erased. This can occur, but there’s of course no guarantee that your tax debt will be included. For anybody filing a Chapter 11, 12, or 13 bankruptcy, they will be provided the ability to move the IRS into settling for a payment deal and settle their IRS problem. When you file for bankruptcy, you receive legal protection which is normally called the ‘automatic stay’. The IRS and all of your creditors must stop all actions against you as soon as you have filed for bankruptcy. The only way creditors can bypass the stay while your bankruptcy is still being dismissed or discharged is to appeal to the bankruptcy court. Although the IRS is a government entity, judges rarely lift the automatic stay. Usually, in order for that to occur, the IRS is responsible for proving that a form of fraud is being conducted by the taxpayer who’s filing for bankruptcy. You have more serious IRS issues on your hand if you are conducting fraud. Tax debts are merely frozen until the bankruptcy claim is dismissed or discharged. The statute of limitations resumes when bankruptcy is dismissed, definitely prolonging it. When specific conditions such as the three-year rule are satisfied, tax debts are possibly definitely cancelled with a Chapter 7 bankruptcy claim. The 3-year rule essentially says that all tax debts considered are at least 3 years old from April 15 of the year it was filed. Also included in the rule are extensions. There is also the 2-year rule which includes taxes filed 2 years before bankruptcy. Taxes assessed 240 days before filing the bankruptcy claim is applicable in the 240-day rule. But even if a Chapter 7 bankruptcy is filed, loopholes still allow the IRS to collect. If the IRS recorded a tax lien before the bankruptcy was filed, then, even after filing, the IRS still has first right to any property that the taxpayer held at the time of filing for bankruptcy. The other forms of bankruptcy, Chapter 11, 12 and 13, are usually re-organization bankruptcies, and their main benefit is to buy time to pay a tax debt and settle their IRS issue.
Filed under Blog by Income Tax Attorney
June 21, 2008
The Basics of Back Taxes Filing
There are many reasons why people do not file their taxes, and while most of them are acceptable, the fact of the matter is that even late or back taxes eventually need to be filed. No matter how late, filing your back taxes will help to either lessen or altogether avoid any IRS problems. Whether you’ve only missed filing for a single year or you haven’t done so since the mid 1980’s, the IRS still requires that you file your taxes. This will absolutely lower your risk of being prosecuted by the IRS and having enforced tax collection procedures thrust upon you. There may be occasions when all tax records are unavailable. This happens in cases of fire, flood and other natural calamities when all of a person’s belongings, including tax records, are damaged. Good thing that tax attorneys or accountants are around to assist clients reconstruct or retrace their tax records dating as far back as 15 to 20 years ago. These alternatives make the area of back taxes clearer. A number of circumstances, including simply not having enough money to pay the amount due on their returns, cause many taxpayers to have accumulated back taxes. But options for filing a missing tax return or back taxes are always available. Among the significant benefits of this move is avoiding a substantial penalty of 25%, which is the charge for late tax returns. In certain states, failing to file your income tax return can result to a sizeable penalty even if you don’t owe the government any money. If you are able to gather all of your tax information from previous years, a great deal of time and effort can be saved. You can then proceed with the next step which is to prepare your tax returns. It is at this point that many people will see the need for professional help in order to avoid further IRS problems. The thought of not knowing whether or not you owe back taxes or knowing that you haven’t paid for this is agonizing. This is why some clients feel that merely setting up a meeting with a tax professional to help them through the maze of forms and procedures is utterly comforting already. Most people go on believing that electronic methods can be used in filing for back taxes. The IRS, on the other hand, does not allow these as they prefer to receive these requests through hand delivery or mail. To have proof that the IRS has received these tax returns, you must send them using certified mail. Those who know they owe the IRS some amount of money will most likely be obliged to pay interest and other applicable penalties. If this is the case, the IRS can assist in the setting up of a payment plan. In reality, filing back taxes can be a relatively quick and easy procedure. What would make matters difficult is if you will refuse to instantaneously deal with the issue and file or pay back taxes. At worst, you might, in the end, owe substantial amounts of money and face more severe consequences because of these IRS issues.
Filed under Blog by Income Tax Attorney
It seems that the IRS is right there with you in every new direction your life takes you. There will be tax implications when you get married. How much more when you get divorced? When you have a baby, get a new job, buy a house, or purchase an energy efficient car – all of these can affect your taxes. This write-up will examine how alimony can affect your withholding tax, as well as how you can get IRS help with any inquiries that you may have. There are two different methods of paying for federal income taxes. First is through the estimated tax. Mostly, people who work for themselves use this. The IRS said that, “estimated tax is used to pay not only income tax, but self-employment tax and alternative minimum tax as well.” Most employees pay their federal income taxes by withholding. Here, your employer withholds income tax from your paycheck (this is why a big chunk of your pay seems to vanish when you get your check!). From whatever type of income your tax is withheld, it is always reflected under your name. Two factors determine the amount that is withheld from your pay: your income and the information reflected on your W-4 (including details on whether you are withholding at the single rate or the lower married rate, how many withholding allowances you can claim, and whether you want any additional income withheld). You can make use of the IRS’ Withholding Calculator for less tedious calculation of your withholdings. As mentioned before, a number of instances can cause your withholdings to change, and alimony adjustment is among these. How should you do this? You can simply fill out a new W-4 and give it to your employer to avail of adjustments in your withholding taxes. Alimony payments are taxable, thus tax reduction can’t be a result of such form of income. If are receiving these, it is a bright idea to fill out a new W-4 to reflect an increase in your income. If you do this, you do not end up owing a bunch of taxes at the end of the year. On the contrary, an expense for paying alimony is considered tax deductible. For the alimony to qualify as a tax deduction, it has to be paid in cash, through a check or through money order. Direct payments to certain bills of an ex-spouse do not qualify as alimony. Again, you simply need to fill out a new W-4 to reflect your expenses on paying for alimony. Change is always present. Gladly take it in by updating your personal records so your taxes can also be adjusted accordingly.
Filed under Blog by Income Tax Attorney
