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Community Accounting & Tax, LLC., Chester, Virginia, Serving Metro Richmond and Southside Virginia.

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IRS Warns Taxpayers About Twelve Common Tax Scams

The IRS issued its latest annual tally of some of the most notorious tax scams. IR-2006-25 (2/7/06).

The IRS is warning taxpayers this filing season to watch out for schemes that promise to reduce or eliminate taxes. Two new schemes have worked their way onto the list in 2006. In recent months the IRS has noted the emergence of the two scams – “zero wages” and “Form 843 tax abatement” – in which filers use IRS forms to claim that their tax bills have been wrongly inflated.

Also high on the list in 2006 is “phishing,” a favorite ploy of identity thieves. Over the past few years, the IRS has observed criminals working through the Internet, posing even as representatives of the IRS itself, with the goal of tricking unsuspecting taxpayers into revealing private information that can be used to steal from their financial accounts.

The IRS urges people to avoid these common schemes:

(1) Zero Wages - In this scam a taxpayer attaches to his or her return either a Form 4852 (Substitute Form W-2) or a corrected Form 1099 that shows zero or little wages or other income. The Form 4852 or 1099 is usually attached to a “Zero Return.”

(2) Form 843 Tax Abatement - This scam rests on a faulty interpretation of the Code. It involves the filer requesting abatement of previously assessed tax using Form 843.

(3) Phishing - This is a technique used by identity thieves to acquire personal financial data to gain access to the financial accounts of unsuspecting consumers, run up charges on their credit cards or apply for new loans in their names. These Internet-based criminals pose as representatives of a financial institution and send out fictitious e-mail in an attempt to trick taxpayers into disclosing private information.

(4) Zero Return - Promoters instruct taxpayers to enter all zeros on their federal income tax filings.

(5) Trust Misuse - In this scheme, promoters urge taxpayers to transfer assets into trusts. They promise a reduction of income subject to tax, deductions for personal expenses, and reduced estate or gift taxes.

(6) Frivolous Arguments - Promoters have been known to make the following claims: the Sixteenth Amendment concerning congressional power to lay and collect income taxes was never ratified; wages are not income; filing a return and paying taxes are merely voluntary; and being required to file Form 1040 violates the Fifth Amendment right against self-incrimination or the Fourth Amendment right to privacy. These arguments are false and have been thrown out of court.

(7) Return Preparer Fraud - In this scheme, dishonest return preparers attract new clients by promising large refunds.

(8) Credit Counseling Agencies - The IRS is in the process of revoking the tax-exempt status of numerous credit counseling organizations that operate under the guise of educating financially distressed consumers while charging debtors large fees and providing little or no counseling.

(9) Abuse of Charitable Organizations and Deductions - The IRS has seen increased use of tax-exempt organizations to improperly shield income or assets from taxation. This can occur, for example, when a taxpayer moves assets or income to a tax-exempt supporting organization or donor-advised fund but maintains control over the assets or income, thereby obtaining a tax deduction without transferring a benefit to charity.

(10) Offshore Transactions - Despite a crackdown by the IRS and state tax agencies, individuals continue to try to avoid U.S. taxes by illegally hiding income in offshore bank and brokerage accounts or using offshore credit cards, wire transfers, foreign trusts, employee leasing schemes, private annuities or life insurance to do so.

(11) Employment Tax Evasion - The IRS has seen a number of illegal schemes that instruct employers not to withhold federal income tax or other employment taxes from wages paid to their employees. Such advice is based on an incorrect interpretation of Code Section 861 and other parts of the tax law and has been refuted in court. Employer participants can also be held responsible for back payments of employment taxes, plus penalties and interest.

(12) “No Gain” Deduction - Filers attempt to eliminate their entire adjusted gross income by deducting it on Schedule A. The filer lists his or her AGI under the Schedule A section labeled “Other Miscellaneous Deductions” and attaches a statement to the return that refers to court documents and includes the words “No Gain Realized.”

 

Tax Bills and Plastic Don't Mix

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If you find every excuse to use a credit card to reap reward points, it might be very tempting to use it to pay a big tax bill.

You wouldn't be alone. Last year, 1.57 million people paid their taxes by credit card, 54 percent more than the year before, the Internal Revenue Service said. As many as a third of them did it just to accumulate points, says Official Payments, one of two companies that process the credit card transactions for the government.

Are you even more tempted? It's absolutely ludicrous to use your credit card for taxes to rack up points.
 

THERE IS NO FREE LUNCH AND DIRTY LITTLE SECRETS


Here's why. The two companies that process credit card payments for the I.R.S. ­ the other one is Link2Gov ­ by agreement with the I.R.S. extract a 2.49 percent "convenience fee" from taxpayers to both cover the merchant fee that the credit card company charges and to make a profit.

Since few reward cards pay more than a 1 percent cash reward, you'd be in the hole if you paid by card. That is, unless the credit card company pays your convenience fee, as Discover is doing.

It doesn't make much more sense to pay by credit card just to get airline mileage reward. The numbers will vary from one program to another, but here's how to think about it using the Chase Value Miles Platinum Visa as an example. You receive one point for every dollar spent and it takes a minimum of 24,000 points for a domestic airline ticket.

So to get one ticket, you'd have to pay a $24,000 tax bill. (You'd have to have an unusually high credit limit to pull this off, but just play along with this thought experiment.) It would cost you the 2.5 percent convenience fee or, in other words, $600. Ask yourself this: How often do I buy a $600 advance-purchase ticket to travel inside the United States? The chances are, you'll lose on this deal.

What if the credit card companies sweetened the offer? Chase is doubling the miles for each dollar of taxes paid on its United Mileage Plus Signature Visa card, and American Express is doing the same for its Delta and Starwood credit cards. It's starting to feel like "Deal or No Deal."

You'd get a ticket for $298. It pays to look for the deals and if you go for this one, read the fine print first. The card companies pile on numerous restrictions. Of course.

H&R Block is trying to encourage taxpayers to use the online version of its TaxCut software with an offer of an $8.49 rebate if you use a MasterCard debit card to pay your taxes. Link2Gov waives the fee for users of debit cards, though such cards rarely have rewards programs. (Link2Gov is at pay1040.com or 888-658-5465. Official Payments can be reached through officialpayments.com or 1-877-754-4420.)

If you want to avoid the middleman's convenience fee you might pay with those convenience checks that come with your credit card statement. The fee for their use could be slightly lower; they vary from 2 percent to 4 percent.

Paying by credit card is dangerous for anyone who doesn't pay off the balance each month. The high interest rate that most credit cards levy on debt will make it mushroom. Rewards cards generally charge higher interest. That Chase card, for example, charges 12.24, 16.24 or 20.24 percent depending on your credit score. How long will it take you to pay off $3,000 when your card charges 12.25 percent and you pay $150 of that debt each month? You'll be free and clear in 2008 after paying a total of $3,373. Owe next you, and you’ve bought the farm.

If you pay off the minimum 2 percent, it would take you 21 years to pay it off. (A Web site that can do this truly terrorizing calculation can be found at www.maedastudio.com/2006/credit/index.php.)

If you are in that situation, transfer the balance to the card with the lowest interest rate. Another way out, if you know in advance that you won't be able to pay your taxes, is to ask the I.R.S. if you can pay it in installments. You have to fill out an application (Form 9465, found at the I.R.S. site www.irs.gov/pub/irs-pdf/f9465.pdf); if approved, you are put on a payment plan of three to five years. The setup fee is $43 and the interest rate, which changes every quarter, is currently 7 percent with a failure-to-pay penalty of 0.25 percent a month. (If you owe more than $25,000, the process ­ and the penalty ­ is more taxing.)

The I.R.S. quite firmly advises against the installment plan option and says a lump-sum payment is far better.

“A more favorable solution to resolve the debt would be to obtain a loan from a bank or other financial institution, or pay taxes using a charge card," it says. Of course, the I.R.S. would say that because it prefers to have cash in hand than an accounts receivable. Nevertheless, the agency is correct. Because of those failure-to-pay penalties, you'd be better off paying with a card charging 10 percent.
 

BUT THERE IS THE BANKRUPTCY COURT - RIGHT ?


If you are teetering on the edge of solvency and considering a bankruptcy filing, you might be tempted to pay off your taxes with the credit card. After all, the government stands at the front of the line of your creditors in any proceeding and that debt can't be discharged by bankruptcy. But credit card companies stand at the end of the line with unsecured debt.

Wrong, it won't work. Congress thought of that (with the help of those kind people who send you hundred’s of offers for credit cards) when they wrote the new bankruptcy law. Any tax obligation paid by credit card in the previous three years is not dischargeable through bankruptcy. Whether the credit card company would catch it is another thing, but no bankruptcy attorney would advise you to do this.

Another taxpaying convenience that levies a fee is electronic filing. More than 68 million taxpayers tried this last year, and this year even more will hand over $10 to $15 depending on which of the dozens of government-authorized "electronic return originators" they use. There is no way to send your return electronically to the government except through one of them because the I.R.S. isn't equipped to receive millions of individual returns, most of which come in right before the April 15 deadline. (The deadline this year is April 17 because April 15 falls on Saturday.)

HELP IS AVAILABLE - AND IF YOU’RE CAREFUL, FREE

A savings tip: If your adjusted gross income is less than $50,000, (if you’re Hispanic, the AGI limit is $37,000.00 for locally I.R.S. sponsored tax clinics)  you don't have to pay a fee for filing online with tax software. About 98 million taxpayers are eligible for this deal. The catch is that you have to pay the fee for filing a state return electronically or file that return the old-fashioned by very reliable paper way.  In Virginia, you can avoid the state return filing fee fee because the Virginia Department of Taxation will let you file for free.  Click here for the links for free E-file

What do you get for the fee? Your return is processed more quickly and you get your refund in two weeks, the I.R.S. says. If your money is directly deposited to your bank account ­ and it should be ­ getting it in the bank a month early would make you about $7.30 on a typical refund of $2,500. Remember, we do not charge to have your refund direct deposited, but we, like 1,500,000 other tax professional’s refuse to participate in E-file.

WHY? It also gets you a very fast and close inspection of your return, and an even quicker notice of audit when the I.R.S. computer doesn’t like your return. Too many people rely on the computer for tax returns in our opinion. We saw a new client in February 2006 who E-file’d themselves and did so incorrectlyThat cost them over $6,000.00 in needless tax, fines and penalties ! All to save the $90.00 we would have charged them. Since the E-file program went into effect, the I.R.S. and states have seen a windfall in the amounts they received and have been able to assess for fines and penalties much more quickly, because of taxpayer errors.  Fact is, all this was taken into account when the E-file program was hatched in Washington. The average taxpayer is honest, but does not know the Tax Code.  Recently, the National Taxpayer Advocate (appointed by Congress) articulated that their findings categorically refute the I.R.S. drone that the American taxpayer is generally out to cheat the government.

Software is no substitute to human preparation of tax returns by tax professionals.  So, beware what the government sells you.

If you’re hell bent on doing it yourself, another savings tip: The $45 online version of TurboTax for federal and state looks as if it costs more than the identical boxed software costing $40. But the online version gives you online filing for federal and state tax free, so you save $25. The online version of H&R Block's TaxCut Premium tax preparation software is $21 cheaper than the comparable boxed software version and also comes with free electronic filing.

Want to avoid thinking about any of this next year? Then adjust your withholding so you get neither a big tax bill nor a big refund check. There is no virtue in getting a big refund. It just proves you didn't plan wisely and gave the government an interest-free loan. That usually happens because you fill out a W-4 form the first day of work and then forget about it as your life changes.

You can fill out a new W-4 form as often as you need to. But the form is so maddeningly complex that to fill it out with any confidence you may need to ask us (or other competent accountant) to do it for you.  Just another lovely way the I.R.S. makes your life less taxiing, NOT!

 

 

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Our Web Site provides our clients and visiting friends with information about taxes.  Do not apply this general information to your specific situation without additional details and/or professional assistance.