Friday, May 30, 2008

Normal IRS Audit Flags

Two things in life are guaranteed to make everyone cringe: root canals and IRS audit. You will be able to avoid a root canal if you take care of your teeth. Similarly, you'll be able to avoid an IRS audit by avoiding particular practices and take care of your financial well-being. The IRS may have to audit you if many red flags appear.

In an audit, the accuracy of your tax returns is determined by the IRS. You need to be able to prove particular deductions.

Remember these IRS audit flags:

* Making over $100,000.
* Considerable income changes. Proof of which is required.
* Charitable donations are too much. Donations must be proven with receipts.
* Inconsistencies in current and past returns. You should be able to prove that you had a name change, address change, etc.
* If self-employed, too much deductions.
* Inconsistent state and federal returns.
* Tax returns are unreadable or incomplete.

By truthfully filing your tax returns, you can steer clear of an audit by the IRS. Documentation need to be saved for at least three years. Follow the following tips to avoid more problems:

* Know your rights like you can conduct the audit by mail and you do not need to meet with the IRS, pay in installments, and question the audit's accuracy.
* Be prepared to show receipts by gathering documentation.
* Talk to a professional if you find the issue too complex.
* If it's an honest mistake, you have nothing to fear.
* Do not reveal more details than required.
* Do not panic because accuracy is merely checked and you are not being accused of anything.

Prevent your IRS issue from becoming a nightmare. If you cannot avoid audits, stay calm if you are flagged for one. You can always consult a lawyer for help.

Tuesday, May 27, 2008

The Long Arm of IRS Jurisdiction

There are certain people who try to avoid paying taxes by circumventing the law because they do not know how far and wide the IRS extends. Tax "protesters" normally try to question the jurisdiction of the IRS and the constitutionality. So you do not end up suffering IRS problems in the future, you should know the laws as a taxpayer. Let's take a look at jurisdiction and the extent of the Internal Revenue Service.

A term often heard on movies, jurisdiction provides leaders the authority to enforce punishment when handling legal matters.

Since it has jurisdiction over all US taxpayers and those who make income in the US, the IRS is a bit amorphous. It's absolutely likely to suffer IRS issues if you fail to understand that you're a taxpayer, or that you have obligations to pay taxes.

Here is an excerpt from Title 26 of the Code of Federal Regulations which pertains to the IRS:

"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."

The IRS has jurisdiction over you as a taxpayer if you're a US citizen making money or living in foreign countries, a non-resident making money in the United States, or a resident of the United States. You'll encounter issues with the IRS if you fail to pay taxes on capital gains, earnings, property, etc.

There are those who do not fall under the jurisdiction of the IRS. In this paragraph from the case of Economy Plumbing and Heating Co. vs. The United States, it explains that non-taxpayers are excluded from the IRS's rules and regulations:

"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 are a non-taxpayer or not. You can find out from your state's tax website or the IRS website.

Tax protesters claim that the 16th Amendment that provided Congress the power to collect taxes on income wasn't officially ratified, questioning 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 is not a government agency. Actually, because the Secretary of Treasury has enforcement and administration power over the laws of internal revenue, the IRS was created. Arguments such as these will give people IRS problems because the IRS does have jurisdiction over taxpayers.

As a taxpayer, you're under IRS jurisdiction. Inaccurate declaration of income and failure to pay taxes will give you serious IRS problems.

Saturday, May 24, 2008

What a Tax Lawyer Can Do For You

If you find yourself overwhelmed by the complex loopholes of tax laws, there are qualified experts to help you. So you can understand the different forms to fill out and the deductions better, there are Tampa tax attorneys to assist you.

The following cases will need the assistance of a Tampa Tax lawyer:

* You have a new business. Even if you handle your personal taxes, business tax laws are a whole other matter.
* The IRS is investigating you.
* You have audits and back tax problems.
* Assistance in real estate or property taxes.
* If your wages have been garnished or bank accounts levied.

So, should you hire a tax lawyer? Advantages are plenty. First, they have experience handling these kinds of cases. Tax attorneys from Tampa have the experience, ability, and knowledge to handle the IRS. Tax attorneys understand the tax laws that may be complicated to you if you represent yourself.

Your rights will be protected. A tax attorney from Tampa will ensure that the IRS only receives the details they require. Your rights to privacy will be protected. Also, they're in a better position to negotiate details because they're more deeply familiar with the tax laws.

A Tampa tax lawyer will take the stress off your shoulders. The proceeding becomes a negotiation between professionals so it is no longer an emotional crisis for you.

Thinking that the IRS will perceive you as guilty if you have a tax attorney is not true. This is not the case. It just means you chose to get a tax attorney from Tampa speak for you because you're aware of your rights. Also, because there are no emotional outbursts to deal with, the IRS would choose to deal with a tax professional. Solutions can be easily negotiated.

In court or in negotiations, you have a valuable counsel in a tax lawyer who's experienced in the tax system. Your attorney will examine your case and advise you of the best possible action. You will also enjoy attorney-client privileges.

What should you look for in a tax lawyer? First, they need to be licensed in your state to practice law. They have to also possess advanced training in tax law, such as a Master's of Law degree in taxation or experience in accounting. Many tax lawyers are also CPAs (Certified Public Accountants). Employ a tax lawyer from Tampa who has relevant experience. Ask directly and also Google him/her.

Let a Tampa tax lawyer deal with your IRS problems to lessen stress.

Wednesday, May 21, 2008

What Are the Consequences for Not Filing Your Taxes?

You may think that what you do will be unnoticed by the IRS because of the millions of other taxpayers. What difference does it make if you don't settle your taxes? It makes a big difference, and worse, the IRS will learn. What are the consequences for not filing your taxes? Where can you go for help - can the IRS help?

You will probably think that not filing for your taxes is a small thing but the government sees this as stealing and considers it an offense. There are different levels of penalties depending on your tax status:

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

Aside from being called a delinquent tax payer, a number of serious consequences await you as a result of your actions. Let us delve deeper into the penalties mentioned above.

Late filing gives the least overdue fees. Only a 5% monthly interest is added to your total tax due. However,the maximum charge is 25%. Let us take a look at one example. Filing for your tax in June when the deadline is on April 15 gives you an approximation of 15% fine.

What should you do if April 15 is almost near, and you still did not file your tax return?

This is where the IRS can help you: request for an extension. You just have to accomplish Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.You then have up to 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.

You do not buy time to pay for your taxes when you request for an extension. The IRS laws state that you settle at least 90% of the total taxable amount by April 15 or you will be burdened with a 0.5% monthly penalty. With this, we are now ready to tackle the next type of penalty.

For sure, not paying the whole amount is better than not filing at all. Again, let us illustrate this by saying that you owe $5000. Just paying $1000 gives you a penalty of only 0.5% on $4000, which is a mere $20 monthly. This demonstrates then that you need to file and pay in whatever way you can.

Not paying for your taxes after a number of consecutive months may implore the IRS to resort to more serious action. First, the penalty gets larger by 1% monthly. Then, the IRS may urge you to mortgage assets or file for a loan. Last but not the least, they can employ more rigorous collection methods like wage garnishment and levying bank accounts.

Before situations get overwhelming, refer to the IRS for assistance. They are not the Big Bad Wolf they are often made out to be. You may request them for 30-120 days extension. You may also be able to come up with a payment plan. Other forms of IRS help include installment plans, temporary delays and Offer in Compromise, among others. To know more about these alternatives, you can visit the IRS website.

The most serious penalties are given to those who do not even bother to file for their taxes. Apart from making it hard to get IRS assistance this situation involves huge amount of interests. 5% - 25% of the total taxable amount is charged to you on a monthly basis. Consider the case of a person owing $5000 and is 5 months late for filing. You can compute the penalty using the formula: 5% X 5 X $5000. This costs you another $1250, more than one-fifth of the amount you originally owe.

The IRS may fill out a return and mail the bills and fees to a tax payer who, after a while, 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 move prove to be futile. To avoid arriving at these sorry situations, ask for the assistance of the IRS. Surely, you can arrive at options that will not result to serious consequences.

Sunday, May 18, 2008

Rightful Ways of Reducing Your Taxes

Tax time can be a difficult time for many, especially the non-accountants and non-tax lawyers. Should you go for the standard deduction or itemize? If you itemize, what can you claim? This article is a short discussion of what tax deductions are, what are the common types to avail of, how to know if you qualify and how to take advantage of them. For additional specific IRS assistance, it is best to consult an accountant.

To explain, tax deductions are those expenses that a taxpayer incurs as a result of a number of reasons and purposes. This deduction is taken from the gross income. This causes the taxable income to decrease, which further means less taxes. Let us take a gross income of $100,000 as an example. The deductions mean less tax because your taxable income is substantially reduced.

There are two types of deductions: the standard deduction and the itemized deduction. A standard deduction is a single dollar amount that is taken from your gross income to determine your taxable income. Different amounts are set for married couples, singles and heads of households. On the other hand, itemized deductions are the corresponding amounts of pre-determined expenses that taxpayers qualify for. IRS and private assistance are always available if you are unsure of which deductions you are entitled to.

Tax credits, which are not the same as deductions are also available. Certain expenses like having children, adopting children, paying college tuition, and energy efficiency, among others, entitle you to a tax credit. The IRS online system and tax forms can give you the criteria for checking your qualifications for certain tax credits. Credits are different from deductions in the sense that the former are deducted from the total taxable income, not the gross income.

Here are a few of the most common tax deductions that we can avail of:

* Fees for professional and business-related associations
* Job-hunting costs
* Job agency fees
* Fees for professional references and magazines
* Union dues
* Work clothes or uniforms
* Expenses for the house and office
* Legal fees to collect taxable income, such as alimony
* Tax advice and tax preparation fees
* Costs Incurred from moving to a new job
* Fees for IRS set-up and administration
* Some legal fees
* Charitable donations
* Business liability costs and insurance premiums
* Tuition fees for job-related classes

When calculating for your taxes, always seek IRS assistance so you don't overpay. The IRS booklet, online information and the online tax preparation service, however, are useful references for itemization if you choose to do this on your own.

A number of ways are available in knowing if you qualify for these deductions. Among these methods is using the instruction booklet. In addition, the online tax preparation service guides you as you go through the process. Obviously, an expert would prove to be of utmost assistance in your claims.

Increasing the amount for refund or decreasing the amount of taxes due are lawfully addressed through tax deductions. Be sure to employ professional assistance to be certain that you claimed what is due - or that you have not wrongfully benefited from some benefits. If you're on your own, make sure you go over instructions very carefully. Many taxpayers in reality, pay too much, so be sure you know what you can and can't use as deductions.

Wednesday, May 14, 2008

What Deductions Are Allowed By The IRS?

People find their creative genius when tax time comes. For instance, for fear of a nuclear war, a gentleman made a fallout shelter. He attempted to deduct the costs as a "preventative medical expense." Saying she needed a $5000 mink coat to meet clients, a woman tried to declare it as a business expense. The best is a businessman who hired an arsonist to torch his store. From his taxes, he tried to deduct an arsonist fee of $10,000. The IRS denied that claim, of course.

The common IRS deductions you can take are worthy of a look. To know which deductions the IRS take, talk to a Tampa tax lawyer.

First, let's take a look at common business expenses that are deductible under the IRS laws:

* Business tools (One "adult performer" successfully deducted the cost of breast implants as they were vital to her job. For the rest of us, things such as work clothes and boots are deductible.)
* Union fees or membership fees for professional organizations or associations.
* Training relating to your job.
* Expenses spent during job search.
* Expenses incurred on business trips that are not reimbursed by your company.
* Dry cleaning of work clothes for nurses, police officers, and security guards, like lab coats is deductible.
* Home office.

There are several deductible work expenses. To make sure you take advantage of right ones, contact a Tampa tax lawyer or tax professional for more information. Here are some other common deductibles:

* Mortgage interest of your main or second home's secured loan.
* Premiums for health insurance are often deductible. Ask a tax lawyer from Tampa because there are varying rules. Typically, if your premiums make up 7.5% or more of your income, you may be able to deduct them.
* Student loan interests.
* Fuel-efficient vehicles.

A few deductions that are not-so-common are legitimate. Consult with a tax professional so you do not miss out on these legal deductions.

* Natural disaster tax deductions.
* Your first job's moving expenses.
* Non-cash charitable donations like ingredients for a charity bake sale.
* Up to $250 for expenses spent by teachers that are not reimbursed by the employers.
* Snacks for your employees as long as these aren't considered compensation or salary for work.
* Up to $4000 in college tuition every year.

How do you know which deductions you are entitled to? If you do your taxes with a tax preparation service online, searching online is particularly convenient. To see if you are right for it, the service will walk you through deductions. Check with a tax lawyer from Tampa or an accountant if you would prefer a little more help.

Being aware of which deductions you're entitled to is vital. A dairy farmer's African safari was successfully allowed on the basis that he had to study about wild animals. On the grounds that he needed to look great every, a male model's attempt at deducting his entire designer wardrobe was rejected. Talk to a tax lawyer from Tampa if you're unsure. You wish to get the tax deductions you require, but you need to be cautious.