2013 IRS Tax Calendar- January 15, 2013

January 15, 2013

Pay the final 2012 estimated income taxes (Form 1040-ES). Include fiduciary estimated tax payments (Estate and Trust).

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Hurricane Sandy Relief Resurces

Small Tax-Exempt Organizations

Small tax-exempt organizations affected by Hurricane Sandy have until February 1, 2013 to apply for reinstatement of their exempt status.   

Who Qualifies?  The organization’s principal place of business or its records must be located in the covered disaster area. Organizations located outside the affected areas must still apply for transitional relief by December 31, 2012.

Employer-Sponsored Retirement Plans

The Internal Revenue Service announced that 401(k)s and similar employer-sponsored retirement plans can make loans and hardship distributions to victims of Hurricane Sandy and members of their families.

Source: http:///www.irs.gov

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Year end tax saving tips

Year-end tax savings tips

We all want to save in taxes and there are few suggestions:

• Pay the 2013 property taxes due in December 2012.
• Take advantage of all Tax Provisions that expire by year-end this year instead of next year.
• Realize capital gains by year end.
• Bunch all medical deductions, if you can, in one year.
• Selling capital assets this year.
• Etc...

Why this can be beneficial?

It will all depend on your income, the new tax changes, and the expiring provisions coming into next year.  They are talks about a raise in the tax rates, expiration and elimination of some tax provisions, and higher income thresholds. Everything is on the table for congress next month and there is speculation of a compromise.

Hire an Accountant or a Tax Attorney to see how these could impact your taxes.

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IRS factors to consider by courts in determining whether an individual is an employee or an independent contractor

The IRS defines an "employee" for employment tax purposes as "any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee."   The facts that provide evidence can fall in three major categories: Behavioral Control; Financial Control; and Types of Relationship.

What fators weight more than others?

Under common law rules, prior court cases had placed emphasis on the direct control and the method and manner in which the work is to be done.

Few of the many factors the IRS consider are:

1- the degree of control exercised by the principal;

2-whch party invests in the work facilities used by the worker;

3-the opportunity of the individual for profit or loss;

4-whether the principal can discharge the individual

5-whether the work is part of the principal's regular business;

6-the permanency of the relationship;

7-whether the worker is paid by the job or by the time;

8-the relationship the parties believed they were creating;

9-the provision of employee benefits;

10-training provided by the employer;

11-set hours of work;

12-doing work on the employer's premises;

13-furnishing tools and materials;

14-worker not making his/her services available to the general public on a regular and consistent basis;

15-requiring the worker to submit oral or written reports;

16-requiring the worker to provide the job on a sequence or order set by the employer;

17-a requirement that the work be performed personally;and

18-any other factors that the court determine relevant and based on the evidence presented under the circumstances.

The Texas Workforce Commission (TWC) have their own set of rules in their determination.  For a clear understanding of the man factors, you must consult the TWC, IRS regulations.

Source(s): various IRCs like Sec 3121 and  Sec. 3003.

May want to consult your tax attorney. 

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TAX CREDIT- Do you took advantage of this Tax Credit?

Expanded Work Opportunity Tax Credit- Available for Hiring Qualified Veterans:

The VOW to Hire Heroes Act of 2011 added two new categories to the existing qualified veteran targeted group and made the WOTC available to certain tax-exempt employers as a credit against the employer’s share of social security tax.

DUE DATE:

The Act allows employers to claim the WOTC for veterans certified as qualified veterans and who begin work before January 1, 2013.

AMOUNT OF CREDIT:

As high as $9,600 per qualified veteran for for-profit employers or up to $6,240 for qualified tax-exempt organizations.  The credit will also depend on a number of factors, including the length of the veteran’s unemployment before hire, the number of hours the veteran works, and the veteran’s first-year wages. However, the amount of the credit for qualified tax-exempt organizations may not exceed the organization’s employer social security tax for the period for which the credit is claimed.

PRE-SCREENING AND CERTIFICATION

All employers must obtain certification that an individual is a member of the targeted group, before the employer may claim the credit.

FORM TO FILE

An eligible employer must file Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit, with their respective state workforce agency within 28 days after the eligible worker begins work.

The Form due date was June 19, 2012, for veterans hired on or after Nov. 22, 2011, and before May 22, 2012. The 28-day rule will again apply to eligible veterans hired on or after May 22, 2012.

SOURCE: http://www.irs.gov

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2012 Tax Calendar

Let's look at what is due on the last week of August 2012:

August 29, 2012:

• Deposit Payroll tax for payments on August 22-24 if the semiweekly deposit rules appplies.

August 31, 2012: 

• File Form 730 and pay tax on wagers accepted during July. 
• File Form 2290 and pay the tax for vehicles first used during July. 
• Deposit payroll tax for payments on August 25-28 if the semiweekly deposit rules applies.  

Source:  http://www.irs.gov


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IRS Compliance

The IRS has increased their compliance efforts to close the estimated tax gap of $345 billion dollars, so taxpayers should expect more scrutiny from the IRS.  With the help of technology and data mining, the IRS have many tools at their disposal to inquire about out of the ordinary and complex transactions than in the past.  The most common issues are automatic non-matching documents and the like as we moved to use e-filing tax returns and documents.  The IRS issues non compliance letters for multiple reasons and many have specific numbers requiring careful attention by the taxpayer and tax preparer.  CPAs and tax professionals must stay current on best practices to help taxpayers deal with these issues.  

The IRS commissioner, Doug Shulman, said in May of this year that the IRS created an office of compliance data analytics that help determine possible non compliance tax returns.

Be prepare, keep good records, and consult a tax professional or CPA if you receive an IRS notice.

Source:  IRS.gov

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Items free of Sales Tax...read

In 2012, Texas shoppers get a break from state and local sales taxes on Aug. 17, 18 and 19 — the state's annual tax holiday. Lay-away plans can be used again this year to take advantage of the sales tax holiday. 

As in previous years, the law exempts most clothing, footwear, school supplies and backpacks priced under $100 from sales and use taxes, which could save shoppers about $8 on every $100 they spend.Backpacks under $100 and used by elementary and secondary students are exempt. A backpack is a pack with straps one wears on the back. The exemption during the sales tax holiday includes backpacks with wheels, provided they can also be worn on the back like a traditional backpack, and messenger bags. 

The exemption does not include items that are reasonably defined as luggage, briefcases, athletic/duffle/gym bags, computer bags, purses or framed backpacks. Ten or fewer backpacks can be purchased tax-free at one time without providing an exemption certificate to the seller.No exemption certificate is required - with one exception. 

If the purchaser is buying the supplies under a business account, the retailer must obtain an exemption certificate from the purchaser certifying that the items are purchased for use by an elementary or secondary school student. “Under a business account” means the purchaser is using a business credit card or business check rather than a personal credit card or personal check; being billed under a business account maintained at the retailer; or is using a business membership at a retailer that is membership based.

A word of caution: If you sell items that do not qualify for the exemption, you may not advertise or promise that you will pay your customers' sales tax. You are prohibited from advertising that you will not collect sales tax on items that do not qualify, but you may advertise that tax is included in the sales price of the taxable items that you sell.

Source: http://www.window.state.tx.us/taxinfo/taxpubs/tx98_490/tx98_490.html



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IRS revised rules is making more flexible terms to its Offer-in-Compromise Program so that  some financially distressed taxpayers can clear up their tax problems quicker.

What is an offer-in-compromise (OIC)?

An OIC is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. The IRS looks at the taxpayer’s income and assets to determine the reasonable collection potential.

This initiative focuses on the financial analysis used to determine which taxpayers qualify for an OIC.

Here are some of the changes:

• Reducing the number of years in the calculation for a taxpayer’s future income. 
• Reducing the time it will take to paid in full the amount due. 
• Allowing taxpayers to repay their student loans Minimum payments on college student loans guaranteed by the federal government.
• Allowing taxpayers to pay state and local delinquent taxes. 
• Expanding the Allowable Living Expense allowance for basic necessities for citizens in similar geographic areas. 

More information on the “Fresh Start” initiative can be found at IRS.gov. or from your CPA professional of choice. 

(Source: http://www.IRS.gov)

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Comming up IRS tax Due Dates...

TAX DUE DATES- up to June 15, 2012

 

June 8, 2012- 

• Deposit payroll tax for payments on June 2-5 if the semiweekly deposit rule applies.

June 11, 2012-

• Employees are required to report to employers tips of $20 +earned durng May 2012.

June 13, 2012-

• Deposit payroll tax for payments on June 6-8 if the semiweekly deposit rule applies.

June 15, 2012-

• Employers must deposit payroll tax for May if the monthly deposit rule applies.
• Corporations are required to deposit the second installment of 2012 estimated tax.
• Deposit payroll tax for payments on June 9-12 if the semiweekly deposit rule applies.
• Individuals outside the U.S. must file 2011 Form 1040.
• Individuals pay the second installment of estimated tax for 2012.

 

Source: IRS.gov 

 

 

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Filing a Federal Tax Return is Voluntary?

This is one of the many frivoulous tax arguments of non-filers.

Some taxpayers assert that they are not required to file federal tax returns because the filing of a tax return is voluntary. Proponents of this contention point to the fact that the IRS itself tells taxpayers in the Form 1040 instruction book that the tax system is voluntary. Additionally, these taxpayers frequently quote Flora v. United States, 362 U.S. 145, 176 (1960), for the proposition that "[o]ur system of taxation is based upon voluntary assessment and payment, not upon distraint."

The Law: The word “voluntary,” as used in Flora and in IRS publications, refers to our system of allowing taxpayers initially to determine the correct amount of tax and complete the appropriate returns, rather than have the government determine tax for them from the outset.

Any taxpayer who has received more than a statutorily determined amount of gross income is obligated to file a return. Failure to file a tax return could subject the non-complying individual to criminal penalties, including fines and imprisonment, as well as civil penalties.

(Source http:///www.IRS.gov)


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Important Employer Tax Forms

FORM I-9

This IRS form is called "Employment Eligibility Verification" form and must be completed for each newly hired employee employee to demostrate the employer's compliance with the law and the employee's work authorization in the U.S.A.

Source: http://www.irs.gov/

Author Comments:

They are other compliance issues along with the completion of this form, so consult your Tax Accountant (CPA) for additional information.

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2012 Tax Planning begins now?

Tax Planning begins early in the year and not at year end.

Taxpayers that are organized and can plan ahead save time, money and headaches at year end and during the next filing season. This is what the IRS recomends you can do now to make next April 15 easier.

• Adjust your withholding- To review your withholding and make adjustments for next year, especially if you'd prefer more money in each paycheck this year. If you owed at tax time, perhaps you'd like next year's tax payment to be smaller.  
• Secure your return in a safe place-  Put your 2011 tax return and supporting documents somewhere secure so you'll know exactly where to find them if you receive an IRS notice and need to refer to your return.  
• Organize your current records-  Establish a central location where everyone in your household can put tax-related records all year long. 
•  Review your witholding- Look at your paycheck and make sure your employer is properly withholding and reporting retirement account contributions, health insurance payments, charitable payroll deductions and other items. 
• Shop for a tax professional early- If you use a tax professional to help you strategize, plan and make financial decisions throughout the year, then search now. You'll have more time when you're not up against a deadline or anxious for your refund. Choose a tax professional wisely. You are ultimately responsible for the accuracy of your own return regardless of who prepares it.  
• Prepare to itemize deductions wisely- If your expenses typically fall just below the amount to make itemizing advantageous, a bit of planning to bundle deductions may pay off. An early or extra mortgage payment, pre-deadline property tax payments, planned donations or strategically paid medical bills could equal some tax savings. 
• Strategize tuition payments- The American Opportunity Tax Credit, which offsets higher education expenses, is set to expire after 2012. It may be beneficial to take full advantage of this tax credit, up to $2,500, before it expires.  

The IRS emphasizes that each household's financial circumstances are different so it's important to fully consider your specific situation and goals before making large financial decisions

 

Special Edition Tax Tips from the IRS.  http://www.irs.gov/

 

 

 

 

 

 

 

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Tax Planning the need to keep up with tax law changes

Background

It is imperative that you keep up with the tax law changes that affect your finances and the best way to do that is to partner with your CPA or tax professional or your choice. Lets take for example the extended provisions that had been approved the last minute by congress and close to year end.  To mention a few these are:  the increased Alternative Minimum Tax (AMT) exemption amounts, the State/Local Sales Tax  deduction, the Mortgage Insurance Premiums deductions, School Teacher Expenses, and the Qualified Charitable Distributions from IRAs.  Lets discuss each one of them in detail here.

• The State/Local Sales Tax deduction is an election in lieu of deducting state income taxes.  It is mostly used by taxpayers residing in Washington, Texas, Nevada, Florida, and other states where there is no state income tax. You must itemize deductions to take advantage of this deduction.
• The Mortgage Insurance Premium deduction applied to homeowners who made down payment of less than 20% of their homes' value and were required to carry PMI.  These premiums were deductible similar to mortgage interest. 
• The School Teacher Expenses provision provided a $250 deduction for teachers, counselors, principals, and aids for books, supplies and other materials.
• Qualified Charitable Distributions provision was very popular among taxpayers.  It allows individuals who are age over 70 1/2 to make a direct charitable gift from their IRA in lieu of taking a required minimum deduction.

These provisions expired at the end of 2011. 

How can your CPA do for you?

Your CPA can be able to monitor regularly, at least quarterly, your financial situation to see if you are going to be affected by any tax-law changes.  He can also help cope with life-changing events such as marriage, divorce, parenthood or new business launch. 

BY taking the necessary steps as soon as the need arises, rather than delaying action until the end of the year, you can better protect your financial interest. 

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Employment taxes

TAX NEWS for Employers:

Today is the due date to deposit payroll tax payments on May 5-8 if the semiweekly deposit rule applies.

Source IRS.gov

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2013 Inflation Adjusted deductions

Cost-of-Living adjustments that will be in effect starting in 2013.

Health Savings accounts:

1. Annual contributions made to a health savings account for an individual with self-only coverage under a high deductible health plan is $3,250.
2. For an individual with family coverage under a high deductible health plan is $6,450.

SOurce IRS.gov.  (Sec 223)

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TAX NEWS for Employers:

Employers due date today:

Employers are required to report tips of $20 or more earned during April 2012.  

What filing is required?  May report these amounts on Form 941.

For what reporting period? ... We will like to hear from you.

(Source: IRS.gov)

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TAX Due Date May 9, 2012

Deposit payroll tax for payments on May 2-4 if the semiweekly deposit rule applies.
Source: IRS.gov


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Tax, Accounting, and Auditing: Tax due date

Tax, Accounting, and Auditing: Tax due date: On Penalties   Today's the last day to file your taxes and pay your tax liability.  The IRS have increased the number of electron...

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Tax due date

On Penalties

 

Today's the last day to file your taxes and pay your tax liability.  The IRS have increased the number of electronic filing and payment options for you, reducing your burden and improving the timeliness and accuracy of tax returns. The IRS can assess a penalty if you fail to file, fail to pay or both by the due date.

They are two different penalties you may face if you file or pay late.

• If you do not file by the deadline, you might face a; 
• Failure-to-file penalty- So if you cannot pay all the taxes you owe, you should still file your tax return on time and pay as much as you can. 
• 
  The failure-to-file penalty ($) is generally more than the failure-to-pay penalty.
• The penalty is usually 5 percent of the unpaid taxes for each month or part of a month that a return is late. This penalty will not exceed 25 percent of your unpaid taxes.
• If you file your return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100 percent of the unpaid tax.
• If you do not pay by the due date, you could face a failure-to-pay penalty.
• Generally have to pay a failure-to-pay penalty of ½ of 1 percent of your unpaid taxes for each month or part of a month after the due date that the taxes are not paid. This penalty can be as much as 25 percent of your unpaid taxes. 

• On a Valid Extension: 
• If you request an extension of time to file by the tax deadline and you paid at least 90 percent of your actual tax liability by the original due date, you will not face a failure-to-pay penalty if the remaining balance is paid by the extended due date. 

• If both the failure-to-file penalty and the failure-to-pay penalty apply in any month, the 5 percent failure-to-file penalty is reduced by the failure-to-pay penalty. However, if you file your return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100 percent of the unpaid tax.  Interest are added to all penalties due.

• Can you avoid these penalties?
• You will not have to pay a failure-to-file or failure-to-pay penalty if you can show that you failed to file or pay on time because of reasonable cause and not because of willful neglect.

 Ask your tax consultant for more details and information.

 

Source: http://www.irs.gov/

 

 

 

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When do I receive my Tax Refund?

Tools to use:

There is two ways to check your refund status in the IRS website.  Using a phone application or the internet, that simple.  You may not need to call the IRS.

Information Needed:

• Your Social Security Number or Individual Taxpayer Identification Number;
• Your filing status (Single, MFJ, MFS, HOH, or Qualifying Widow(er); and
• Exact whole dollar refund amount shown on your tax return.

Check the link on this blog to get there online or go to http://www/IRS.gov

 Source: IRS

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I am missing a W-2

What to Do? 

Most of the time you get all your documents, but there is that one time when you don't.  There is no reason to panic but you should take proactive measures to get all the documents to file your 2011 tax return.  Generally, you should receive an IRS Form W-2, Wage and Tax Statement, from each of your employers by Jan. 31, 2012, but you are in February 2012 and you are mising one or two W-2s. It happens.

The IRS suggest you do the following steps:
1. Contact your employer ASP.

• Inquire if and when the W-2 was mailed.
• If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address.
• Update your address with your employer and allow a reasonable amount of time for them to resend or issue a corrected W-2.

2. Contact the IRS If you do not receive your W-2 by Feb. 14, 2012.

• Call the IRS for assistance at 800-829-1040.
• Have your name, address, Social Security number, phone number with you when you are ready to call.
• Also, provide the IRS with the following information:
• Employer’s name,
• Employers address
• Employer phone number
• Dates of employment
• Provide an estimate of the wages you earned,
• The federal income tax withheld, 
• The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

3. File an extension your return (3.1) or File a return along with Form 4852 (3.2) Even with the missing W-2, you must either file your tax return or request an extension to file. However, all taxes due should be paid if you do not want to pay a possible penalty.

1. Request an extension (Form 4868) to file by April 17, 2012.  (Personal Preference not an advise- I would do all calculations to see if I owe any additional taxes, paid them, and file an automatic extension. You must consult your tax advisor.)  
2. Alternatively to the step above, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible. In this scenario, there may be a delay in any refund due while the information is verified. 
1. If your estimated tax information provided was not accurate, then you must File a Form 1040X (i.e, Amended U.S. Individual Income Tax Return) to correct the previously file tax return. 
2. On occasion, you may receive your missing W-2 after you file your return using Form 4852, and the information may be different from what you reported on step 3.2, above. 

Source: http://www.irs.gov/  Form 4852, Form 1040X and instructions are available on this website or by calling 800-TAX-FORM (800-829-3676).

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IRS Tax Tips for Self Employed individuals

Key points the IRS would like you to know about self-employment and self- employment taxes:

Who is considered to be Self-employed
If you work for yourself, as an independent contractor, or you carry on a trade or business as a sole proprietor, you are generally considered to be self-employed.

Part-time or Full-time work

Self-employment can include work in addition to your regular full-time business activities, such as part-time work you do at home or in addition to your regular job.

Self-Employment Tax

If you are self-employed you generally have to pay self-employment tax as well as income tax. Self-employment tax is a Social Security and Medicare tax primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. You figure self-employment tax using a Form 1040 Schedule SE. Also, you can deduct half of your self-employment tax in figuring your adjusted gross income.

Where you are required to report your Income and expenses?

You file an IRS Schedule C, Profit or Loss from Business, or C-EZ, Net Profit from Business, with your Form 1040.

Estimated Tax PaymentsIf you are self-employed you may have to make estimated tax payments. This applies even if you also have a full-time or part-time job and your employer withholds taxes from your wages. Estimated tax is the method used to pay tax on net income that is not subject to withholding. If you fail to make quarterly payments you may be penalized for underpayment at the end of the tax year.

Cost of running your Business

You can deduct the costs of running your business. Some cost will be capitalized, others deducted in its entirety depending on many factors.  Some business expenses are clasiffyed as part of the cost of goods sold, report as inventory and/or as an asset and portion of these could be expensed in the current year.

What determine its deductibility?

For a cost of running a business be deductible, the business expense must be both ordinary and necessary in carry on a business. An ordinary expense is one that is common and accepted in your field of business. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be indispensable to be considered necessary.

Source of additonal information:

Contact your CPA, and/or the Self-employment Tax Center, IRS Publication 334, Tax Guide for Small Business, IRS Publication 535, Business Expenses and Publication 505, Tax Withholding and Estimated Tax, available at www.irs.gov or by calling the IRS forms and publications order line at 800-TAX-FORM (800-829-3676).

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Do you have to repay The First-Time Homebuyer Credit?

Reminders Letters

If you received the tax credit and do not make yearly payments you will receive a letter from the IRS asking you to make the required payment.  These letters are called "Reminders Letters".  In the past the IRS was mailing letters to both the taxpayers who pay their obligation and does that forgot to pay.  The IRS will no longer mail you a reminder letter if you are paying on time, April 15 or before.

Taxpayers Affected

If you bought a home in 2008 and claimed the First-Time Homebuyer Credit, the credit is similar to a no-interest loan and must be repaid in 15 equal annual installments that began with your 2010 return. Also, anyone who sold their home, or stopped using it as their main home, may have to repay the entire credit whether their home was purchased in 2008, 2009 or 2010. 

IRS Credit Lookup Tool 

The IRS has an online lookup tool on the IRS website to check your repayment obligation. To access the tool you will need: your Social Security number, date of birth and complete address. If you file a joint return, you’ll only be able to access your portion of the First-Time Homebuyer Credit account information.  The tool will show the original amount of the credit, annual repayment amounts, total amount paid and the total balance left to be paid. You will be able to print your account page to share with your tax preparer and keep for your records.

Installment payments and Form 5405

If you make an installment payment, you do not need to attach Form 5405, First-Time Homebuyer Credit and Repayment of the Credit, to your tax return. However, if you are repaying the credit because the home stopped being your main home, you must attach Form 5405.

Source:  To access the First-Time Homebuyer Credit Lookup Tool, 24 hours a day, seven days a week, visit the IRS.gov website.

 

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Self-employed Basic Points to Remember

 If you work for yourself, as an independent contractor, or you carry on a trade or business as a sole proprietor, you are generally considered to be self-employed.

Key BASIC points about self-employment and self- employment taxes:

As a self-employed you generally have to pay self-employment tax as well as income tax. Self-employment tax is a Social Security and Medicare tax.  

You figure self-employment tax using a Form 1040 Schedule SE, and you can deduct in Form 1040 half of your self-employment tax. 

You report your business transactions on Schedule C, Profit or Loss from Business, or C-EZ, Net Profit from Business.  The applicable Schedule in included with your Form 1040.

You have to make estimated tax payments on your self employment net profits above a threshold. If you are required but failed to make quarterly payments you may be penalized for underpayment. 

You have to make an educated distinction between cost incurred that can be expenses from the ones that required to be capitalized over their useful life or after they are disposed off.  (e.g., Merchandise inventory and equipment comes to mind.)

For an expense to be deductible, the itmem must be both ordinary and necessary; an ordinary expense is one that is common and accepted in your field of business, while a necessary expense is one that is helpful and appropriate to carry on in your trade or business.

For more information see the Self-employment Tax Center, IRS Publication 334, Tax Guide for Small Business, IRS Publication 535, Business Expenses and Publication 505, Tax Withholding and Estimated Tax, available at www.irs.gov or by calling the IRS forms and publications order line at 800-TAX-FORM (800-829-3676).

(Paraphrased)

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