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-TAXABLE VS. TAX-ADVANTAGED: WHERE TO HOLD INVESTMENTS

Posted by Admin Posted on Dec 08 2021

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When investing for retirement or other long-term goals, people usually prefer tax-advantaged accounts, such as IRAs, 401(k)s or 403(b)s. Certain assets are well suited to these accounts, but it may make more sense to hold other investments in traditional taxable accounts.

Know the rules

Some investments, such as fast-growing stocks, can generate substantial capital gains, which may occur when you sell a security for more than you paid for it.

If you’ve owned that position for over a year, you face long-term gains, taxed at a maximum rate of 20%. In contrast, short-term gains, assessed on holding periods of a year or less, are taxed at your ordinary-income tax rate — maxing out at 37%. (Note: These rates don’t account for the possibility of the 3.8% net investment income tax.)

Choose tax efficiency

Generally, the more tax efficient an investment, the more benefit you’ll get from owning it in a taxable account. Conversely, investments that lack tax efficiency normally are best suited to tax-advantaged vehicles.

Consider municipal bonds (“munis”), either held individually or through mutual funds. Munis are attractive to tax-sensitive investors because their income is exempt from federal income taxes and sometimes state and local income taxes. Because you don’t get a double benefit when you own an already tax-advantaged security in a tax-advantaged account, holding munis in your 401(k) or IRA would result in a lost opportunity.

Similarly, tax-efficient investments such as passively managed index mutual funds or exchange-traded funds, or long-term stock holdings, are generally appropriate for taxable accounts. These securities are more likely to generate long-term capital gains, which have more favorable tax treatment. Securities that generate more of their total return via capital appreciation or that pay qualified dividends are also better taxable account options.

Take advantage of income

What investments work best for tax-advantaged accounts? Taxable investments that tend to produce much of their return in income. This category includes corporate bonds, especially high-yield bonds, as well as real estate investment trusts (REITs), which are required to pass through most of their earnings as shareholder income. Most REIT dividends are nonqualified and therefore taxed at your ordinary-income rate.

Another tax-advantaged-appropriate investment may be an actively managed mutual fund. Funds with significant turnover — meaning their portfolio managers are actively buying and selling securities — have increased potential to generate short-term gains that ultimately get passed through to you. Because short-term gains are taxed at a higher rate than long-term gains, these funds would be less desirable in a taxable account.

Get specific advice

The above concepts are only general suggestions. Please contact our firm for specific advice on what may be best for you.

Sidebar: Doing due diligence on dividends

If you own a lot of income-generating investments, you’ll need to pay attention to the tax rules for dividends, which belong to one of two categories:

  • Qualified. These dividends are paid by U.S. corporations or qualified foreign corporations. Qualified dividends are, like long-term gains, subject to a maximum tax rate of 20%, though many people are eligible for a 15% rate. (Note: These rates don’t account for the possibility of the 3.8% net investment income tax.)
  • Nonqualified. These dividends — which include most distributions from real estate investment trusts and master limited partnerships — receive a less favorable tax treatment. Like short-term gains, nonqualified dividends are taxed at your ordinary-income tax rate.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

TAX INCENTIVES FOR EDUCATION

Posted by Admin Posted on Dec 08 2021

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The tax code provides a variety of tax incentives for families who are paying higher education costs or are repaying student loans. You may be able to claim an American Opportunity Credit (formerly called the Hope Credit) or Lifetime Learning Credit for the qualified tuition and related expenses of the students in your family (i.e. you, your spouse, or dependent) who are enrolled in eligible educational institutions. Different rules apply to each credit and the ability to claim the credit phases out at higher income levels. 

If you don't qualify for the credit, you may be able to claim the "tuition & fees deduction" for qualified educational expenses. You cannot claim this deduction if your filing status is married filing separately or if another person can claim an exemption for you as a dependent on his or her tax return. This deduction phases out at higher income levels. 

You may be able to deduct interest you pay on a qualified student loan. The deduction is claimed as an adjustment to income, so you do not have to itemize your deductions on Schedule A Form 1040. However, this deduction is also phased out at higher income levels.  

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

ARPA Provides More Than Just Direct Payments to Taxpayers

Posted by Admin Posted on Dec 08 2021

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On March 11, another round of COVID-19 relief legislation was signed into law. The American Rescue Plan Act (ARPA) includes funding for individuals, businesses, and state and local governments, but also some significant tax-related provisions.

ARPA extends and expands some tax provisions in the CARES Act and the Consolidated Appropriations Act (CAA) and also includes some new tax-related provisions.

A quick look

Here’s a quick look at some of the tax provisions that may affect you:

Individuals

Recovery rebates of up to $1,400 for singles and heads of households and $2,800 for married couples filing jointly — plus $1,400 per qualifying dependent (including adult dependents) — subject to adjusted gross income (AGI) phaseouts starting at $75,000 for singles, $112,500 for heads of households and $150,000 for joint filers and ending at $80,000, $120,000 and $160,000, respectively

Increased Child credit, including advance payments of part of the credit later this year

Expanded child and dependent care tax credit

Tax-free treatment of forgiven student loan debt

Exclusion from gross income of the first $10,200 in unemployment benefits received

Businesses and other employers

Extended and expanded tax credits for retaining employees, through Dec. 31, 2021

Extended and modified payroll tax credits for paid sick and family leave, through Sept. 30, 2021

Extended excess business loss limitation, through Dec. 31, 2026

Expansion of the Section 162(m) limits on the tax deduction public companies can take for executive compensation to cover the CEO, the CFO and the five next highest paid employees, beginning in 2027

How will you benefit?

This is just a brief overview of the tax-related provisions of ARPA. Additional rules and limits apply. Contact your tax advisor for more details on these provisions and how you might benefit.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters        

Important information you need to know about refunds

Posted by Admin Posted on Dec 08 2021

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Planning for a refund this year? Use these tax tips and find out what you need to know and understand about tax refund timing, when you could receive it and why you may only get part or none at all.

General Information

Different factors can affect the timing of a refund. The IRS and partners in the tax industry continue to strengthen tax security reviews to help protect against identity theft and refund fraud.

While some tax returns require additional review and take longer to process than others, it may be necessary when a return has errors, is incomplete or is affected by identity theft or fraud. A refund delay can happen when the IRS must contact you by mail to request additional information needed to process your tax return.

Generally, the IRS issues most refunds in less than 21 days. However, if information from reporting sources such as your employer, your bank or others is not received timely when the IRS cross-checks your data, it can delay the issuance of your refund.
 

Direct deposit is the fastest way to get your refund. Simply request it in the software you are using or add your bank routing information to your paper return.

The quickest and easiest way to track your refund is to use the Where's My Refund? ‎tool on IRS.gov or download the IRS2Go app on your mobile device. You can also check the IRS’s What to Expect for Refunds web page for answers to frequently asked questions. The IRS “When Will I Get My Refund? video provides details on what info you’ll need to check your refund status.

Delayed Release

Refund timing for Earned Income Tax Credit (EITC) and Additional Child Tax Credit (ACTC) filers is different than from anyone else. By law, neither the IRS nor the Taxpayer Advocate Service can release refunds related to these tax returns until after mid-February.

Generally, the earliest EITC/ACTC related refunds are available in taxpayer bank accounts or on debit cards by the first week of March, if you chose direct deposit and there are no other issues with the tax return. If there are other items that need addressing, the refund may be delayed further.

If you claim these two tax credits, you should know that you won’t see the status of your refund on Where's My Refund?, the IRS2Go app or through tax software packages until at least the end of February.

Certain Past-due Debts Can Reduce Refunds

By law, the Department of Treasury's Bureau of the Fiscal Service (BFS) issues IRS tax refunds and conducts the Treasury Offset Program (TOP). BFS may reduce a taxpayer’s refund and offset all or part of the refund to pay past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support or other federal nontax debts, such as student loans.

BFS will reduce the refund to pay off the debt owed and send a notice to the taxpayer if a refund offset occurs. Any portion of the remaining refund after offset is issued in a check or direct deposited to you as originally requested on your tax return.
 

Separate from the TOP, refund amounts may also be adjusted due to changes the IRS made to the tax return.

For more information on any of these refund offset possibilities, including lost or stolen refunds, see our website’s Get Help tax topic pages.

Financial Hardship

Have you tried to get your refund, and now are having financial hardship? There are certain types of issues where the IRS itself can generally provide the service you need, without our involvement.

However, if you've contacted the IRS and tried to get your refund unsuccessfully, unless it is because of a law, and not having the refund is causing you a financial hardship, the Taxpayer Advocate Service may be able to help. Our priority is always helping the taxpayers who need us most, so you may need to provide evidence to support your hardship claim in order to request an expedited refund.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: TAS           

DOES MY CAR AFFECT MY INSURANCE RATE?

Posted by Admin Posted on Dec 08 2021

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It is a good idea to check the insurance rates that are given to certain cars before you buy them. Usually as the cost of the car rises, so does the insurance premium. The insurance rates on used cars are generally substantially lower than those of new cars.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters  

DURING A DIVORCE, WHAT ARE THE LEGAL ISSUES THAT MUST BE HANDLED?

Posted by Admin Posted on Dec 08 2021

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Make an agreement with your spouse to plan for the legal issues that will be dealt with in the future, such as division of property, alimony or support payments and child custody. The amount of time and money that will be spent trying to reach a legal solution will be lessened dramatically if this can be done, either with the help of lawyers or court.

The following are general tips to face the legal aspects of divorce:

  • If there are important issues with regards to child custody, alimony or assets, find your own attorney.
  • Use referrals from other professionals, trusted friends or the American Academy of Matrimonial Lawyers (www.aaml.org) to find a good matrimonial lawyer.
  • Verify that the agreement of divorce approaches all topics such as insurance coverage, life health and auto.
  • On IRA accounts, life insurance policies, pension plans, 401(k) plans, and other retirement accounts make sure to modify the beneficiaries.
  • Update your will.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

IS THE PERSON AT YOUR DOOR REALLY FROM THE IRS?

Posted by Admin Posted on Dec 08 2021

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In certain situations, the IRS may send an employee out to your residence or place of business to collect past due taxes or conduct an audit of your return. With in-person scams continuing to take place across the country, the Taxpayer Advocate Service wants you to know how and when the IRS may contact you in person to help you protect yourself against possible in-person scams.

Eight things to know about in-person contacts from the IRS:

The IRS initiates most contacts through regular mail delivered by the United States Postal Service.

There are special circumstances when the IRS will come to your home or business.

These include:

When you have an overdue tax bill;

When the IRS needs to secure a delinquent tax return or a delinquent employment tax payment;

To tour a business as part of an audit; or As part of a criminal investigation.


Revenue Officers are IRS employees who work cases that involve an amount owed or a delinquent tax return. Generally, Revenue Officer home or business visits are unannounced.

Revenue Officers carry two forms of official identification, a pocket commission and a HSPD-12 card. Both forms of ID have a photo of the employee and serial numbers. You can (and should) ask to see both IDs before discussing any sensitive or personal information. You may also call the IRS at a phone number provided by the Revenue Officer to confirm his or her identity.

The IRS can assign certain cases to private collection agencies (PCAs) after notifying you in writing. These PCAs will never visit you at your home or business.

The IRS will not ask you to make a payment to anyone other than to the U.S. Department of the Treasury.

Revenue Agents are IRS employees conducting audits. They may call you to set up appointments, but not without having first notified you by mail. Therefore, by the time a Revenue Agent visits you at your home or business, you will be aware of the audit.

An IRS Criminal Investigator may visit your home or business unannounced while conducting an investigation. However, these are federal law enforcement agents and they will not demand any sort of payment.

When interacting with you, Revenue Officers have the responsibility to educate you about the Taxpayer Bill of Rights (TBOR) and identify economic hardships if you have an outstanding federal tax debt and payment creates a hardship. They also have the responsibility to consider other means of resolving tax debts, including installment agreements and offers in compromise.

IRS employees do not:

Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer.

Demand that you pay taxes without the opportunity to question or appeal the amount they say you owe.

Threaten to bring in local police, immigration officers, or other law-enforcement to have you arrested for not paying. The IRS cannot revoke your driver’s license, business licenses, or immigration status. Threats like these are common tactics scam artists use to trick victims into buying into their schemes.

If you believe you were visited by someone impersonating the IRS, you can find information on how to report scams here.

Need help with a specific tax problem?

The Taxpayer Advocate Service is an independent organization within the IRS that helps taxpayers and protects taxpayers' rights. We can offer you help if your tax problem is causing a financial difficulty, you’ve tried and been unable to resolve your issue with the IRS, or you believe an IRS system, process, or procedure just isn't working as it should. If you qualify for our assistance, which is always free, we will do everything possible to help you.
Visit www.taxpayeradvocate.irs.gov or call 877-777-4778.

Read more about the kinds of problems TAS handles and how we may be able to assist you with yours.

For current information about IRS operations during the COVID-19 pandemic, please visit irs.gov.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS   

WHO NEEDS TO BE NOTIFIED IF A SPOUSE CHANGES THEIR NAME AFTER MARRIAGE?

Posted by Admin Posted on Dec 08 2021

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All organizations that you had correspondence with while using your unmarried name should be notified. You can begin with the following list:

  • The Social Security Administration
  • Department of Motor Vehicles
  • Post Office
  • Investment and bank accounts
  • Employer
  • Voter's registration office
  • School alumni offices
  • Credit cards and loans
  • Club memberships
  • Retirement accounts
  • Subscriptions
  • Passport office
  • Insurance agents

 If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

SHOULD I REFINANCE?

Posted by Admin Posted on Dec 08 2021

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In order to refinance your home, the current market rate should be at least 2 percentage points lower than what you are paying on your mortgage. Speak with a lender to see what rate you may be able to get. Remember to factor in costs lie appraisals, points from the lender, and others, which may not be apparent in your initial price assessment.

After assessing that cost, get a quote of what your total payment would be after refinancing. The simplest way to find out how long it will take to recover the refinancing costs will be to divide your closing costs by the monthly savings with your new monthly payment.

Also take into consideration how long you plan on holding your home. It may not make sense to refinance the home if you plan on selling in the near future.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

WHAT SHOULD I ASK ABOUT THE CAR LEASE?

Posted by Admin Posted on Dec 08 2021

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Here are a few questions that should be answered before you sign a car lease:

  • What types of leases are obtainable and what are their differences? (Two were explained previously, but dealers may have variations.)
  • What will the initial costs of leasing be?
  • What will the continuing costs of leasing be?
  • Will my initial cost or continuing costs decrease due to a trade-in?
  • Can I exceed the specific mileage in my lease?
  • If I take an early termination or a purchase option, how will my mileage allowance be enforced?
  • If I fall behind in my payments or want to stop leasing, can I sublease?
  • If I want to terminate my lease before the agreement is up, what happens?
  • Do I have options at the end of my lease?
  • What can I expect to pay at the end of the lease?

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

IS MORE INSURANCE NECESSARY FOR MARRIED COUPLES?

Posted by Admin Posted on Dec 01 2021

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In the case of death, life insurance will provide a form of income for your dependents, children or whoever is your beneficiary. Because of this, married couples usually require more life insurance than singles.

Having someone dependent on your income will determine if you need to have life insurance. If someone such as a child, parent, spouse or other individual is dependent on your income, you should have life insurance. The following are situations where life insurance is necessary:

  • Single parents or families with young children or other dependents. The younger your children, the more insurance is necessary. Insurance should be in proportion to the amount earned. If both spouses are working, they should both be insured. If both earners cannot afford to be insured, the primary wage earner should be the first to be insured and the secondary will follow. To fill the insurance gap, a less expensive term policy may be used. Insurance should be bought to cover the absence of services such as childcare, bookkeeping, housekeeping, which are provided by the spouse that works within the home. The insurance that covers the non-wage earner is secondary to the insurance that covers the wage earner's life, if funds are scarce.
  • Adults that have no children or other dependents. You will need less insurance than people in the previous situation if your spouse can live comfortably without income. However, some form of life insurance is still necessary. You will want at least enough to cover burial expenses, to pay off any debts you may have acquired, and to provide an easy transition for the surviving spouse. You may want to buy more insurance if you think your spouse would go through financial hardship without your income or if your savings aren't adequate. This depends on your salary level as well as the amount of your spouse's, the amount of savings you have and the amount of debt incurred.
  • Single adults without dependents. Unless you would like to use insurance for the purposes of estate planning, you will only need insurance to cover expenses for burial and debts.
  • Children. Typically, children only need life insurance to cover burial expenses and medical debts. An insurance policy could also be used as a long-term savings instrument, in some instances.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

SPECIAL CIRCUMSTANCES

Posted by Admin Posted on Dec 01 2021

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When it comes to tax records, some are required to be kept under special circumstances.

However, if the IRS believes you have significantly underreported your income (by 25 percent or more), it may go back six years in an audit. If there is any indication of fraud, or you do not file a return, no period of limitation exists. To be safe, use the following guidelines.

  • Car Records (keep until the car is sold)
  • Credit Card Receipts (keep until verified on your statement)
  • Insurance Policies (keep for the life of the policy)
  • Mortgages / Deeds / Leases (keep 6 years beyond the agreement)
  • Pay Stubs (keep until reconciled with your W-2)
  • Sales Receipts (keep for life of the warranty)
  • Stock and Bond Records (keep for 6 years beyond selling)
  • Warranties and Instructions (keep for the life of the product)
  • Other Bills (keep until payment is verified on the next bill)
  • Depreciation Schedules and Other Capital Asset Records (keep for 3 years after the tax life of the asset)

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source : Thomson Reuters

TAX SAVING TECHNIQUE

Posted by Admin Posted on Dec 01 2021

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Charitable Giving - Instead of selling your appreciated long-term securities, donate the stock instead and avoid paying tax on the unrealized gain while still getting a charitable tax deduction for the full fair market value.

Health Savings Accounts (HSAs) - If you have a high deductible medical plan you can open an HSA and make tax deductible contributions to your account to pay for medical expenses. Unlike flexible spending arrangements (FSAs), the contributions can carry over for medical expenses in future years.

ROTH IRAs - Contributions to a ROTH IRA are not tax deductible but the qualified distributions, including earnings are tax-free.

Municipal Bonds - Interest earned on these types of investments is tax-exempt.

Own a home - most of the cost of this type of investment is financed and the interest (on mortgages up to $750,000) is tax deductible. When the property is sold, individuals may exclude up to $250,000 ($500,000 if married jointly) of the gain.

Retirement Plans - Participate in your employer sponsored retirement plan, especially if there is a matching component. You will receive a current tax deduction and the tax-deferred compounding can add up to a large retirement savings.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

DEDUCTING MORTGAGE INTEREST

Posted by Admin Posted on Dec 01 2021

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If you own a home, and you itemize your deductions on Schedule A, you can claim a deduction for the interest paid. To be deductible, the interest you pay must be on a loan secured by your main home or a second home (including a second home that is also rented out for part of the year, so long as the personal use requirement is met). The loan can be a first or second mortgage, a home improvement loan, or a home equity loan. To be deductible, the loan must be secured by your home but the proceeds can be used for other than home improvements. You can refinance and use the proceeds to pay off credit card debt, go on vacation or buy a car and the interest will remain deductible. There are other financial reasons for not wanting to do this but it will not disqualify the deduction.

The interest deduction for home acquisition debt (that is, a loan taken out after October 13, 1987 to buy, build, or substantially improve a qualified home) is limited to debt of $750,000 ($375,000 if married filing separately).

In addition to the deduction for mortgage interest, points paid on the original purchase of your residence are also generally deductible. Taxpayers who are required to pay mortgage insurance premiums may also be able to deduct this amount subject to certain income limits. For more information about the mortgage interest deduction, see IRS Publication 936.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

HOW CAN I EASILY COMPARE PRICES BETWEEN INSURANCE COMPANIES?

Posted by Admin Posted on Dec 01 2021

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In most states there will be a set of rules laid down by a group of insurance regulators. Agents may be required to calculate two different types of indexes to aid in price shopping.

  • Net payment index
  • Surrender cost index

The net payment index calculates the cost of carrying the policy for ten to twenty years. This can be judged easily by remembering that the lower this number is, the more inexpensive the policy is. This is most helpful if you are more concerned with the death payout than the investment.

On the other hand, the surrender cost index is more useful to those who are concerned with the cash value of the investment. The lower this number is, the better.

The cash surrender value is what you will receive in return if you were to surrender the policy, which is different than the cash accumulation value. If you are checking the prices of universal life policies, if the policies have different premiums and death benefits, the policy with the higher cash surrender value would be the better investment.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:Thomson Reuters

AMENDED RETURNS

Posted by Admin Posted on Dec 01 2021

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Oops! You've discovered an error after your tax return has been filed. What should you do? You may need to amend your return.

The IRS usually corrects math errors or requests missing forms (such as W-2s) or schedules. In these instances, do not amend your return. However, do file an amended return if any of the following were reported incorrectly:

  • Your filing status
  • Your total income
  • Your deductions or credits

Use Form 1040X, Amended U.S. Individual Income Tax Return, to correct a previously filed paper or electronically-filed Form 1040, 1040A, or 1040EZ return. Be sure to enter the year of the return you are amending at the top of Form 1040X. If you are amending more than one tax return, use a separate 1040X for each year and mail each in a separate envelope to the IRS processing center for your state. The 1040X instructions list the addresses for the centers.

Form 1040X has three columns. Column A is used to show original or adjusted figures from the original return. Column C is used to show the corrected figures. The difference between the figures in Columns A and C is shown in Column B. You should explain the items you are changing and the reason for each change on the back of the form.

If the changes involve another schedule or form, attach it to the 1040X. For example, if you are filing a 1040X because you have a qualifying child and now want to claim the Earned Income Tax Credit, you must complete and attach a Schedule EIC to the amended return.

If you are filing to claim an additional refund, wait until you have received your original refund before filing Form 1040X. You may cash that check while waiting for any additional refund. If you owe additional tax for the prior year, Form 1040X must be filed and the tax paid by April 15 of this year, to avoid any penalty and interest.

You generally must file Form 1040X to claim a refund within three years from the date you filed your original return, or within two years from the date you paid the tax, whichever is later.  Please contact us for more!

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

4 ways to withdraw cash from a corporation

Posted by Admin Posted on Nov 17 2021

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Owners of closely held corporations often want or need to withdraw cash from the business. The simplest way, of course, is to distribute the money as a dividend. However, a dividend distribution isn’t tax-efficient because it’s taxable to the owner to the extent of the corporation’s earnings and profits. It also isn’t deductible by the corporation. Here are four alternative strategies to consider:

1. Capital repayments. To the extent that you’ve capitalized the corporation with debt, including amounts that you’ve advanced to the business, the corporation can repay the debt without the repayment being treated as a dividend. Additionally, interest paid on the debt can be deducted by the corporation.

This assumes that the debt has been properly documented with terms that characterize debt and that the corporation doesn’t have an excessively high debt-to-equity ratio. If there isn’t proper documentation or the debt-to-equity ratio is too high, the “debt” repayment may be taxed as a dividend. If you make future cash contributions to the corporation, consider structuring them as debt to facilitate later withdrawals on a tax-advantaged basis.

2. Compensation. Reasonable compensation that you, or family members, receive for services rendered to the corporation is deductible by the business. However, it’s also taxable to the recipient(s). This same rule applies to any compensation (in the form of rent) that you receive from the corporation for the use of property.

In both cases, the compensation amount must be reasonable in terms of the services rendered or the value of the property provided. If it’s considered excessive, the excess will be a nondeductible corporate distribution (and taxable to the recipient as a dividend).

3. Property sales. You can withdraw cash from the corporation by selling property to it. However, certain sales should be avoided. For example, you shouldn’t sell property to a more than 50%-owned corporation at a loss, since the loss will be disallowed. And you shouldn’t sell depreciable property to a more than 50%-owned corporation at a gain, since the gain will be treated as ordinary income, rather than capital gain.

A sale should be on terms that are comparable to those in which an unrelated third party would purchase the property. You may need to obtain an independent appraisal to establish the property’s value.

4. Loans. You can withdraw cash tax-free from the corporation by borrowing money from it. However, to prevent having the loan characterized as a corporate distribution, it should be properly documented in a loan agreement or note. It should also be made on terms that are comparable to those in which an unrelated third party would lend money to you, including a provision for interest (at least equal to the applicable federal rate) and principal. Also, consider what the corporation’s receipt of interest income will mean.

These are just a few ideas. If you’re interested in discussing these or other possible ways to withdraw cash from a closely held corporation, contact us. We can help you identify the optimal approach at the lowest tax cost.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters        

Special tax deduction helps most people give up to $600 to charity, even if they don’t itemize

Posted by Admin Posted on Nov 17 2021

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The Internal Revenue Service reminds taxpayers that a special tax provision will allow more Americans to easily deduct up to $600 in donations to qualifying charities on their 2021 federal income tax return.

Ordinarily, people who choose to take the standard deduction cannot claim a deduction for their charitable contributions. But a temporary law change now permits them to claim a limited deduction on their 2021 federal income tax returns for cash contributions made to qualifying charitable organizations. Nearly nine in 10 taxpayers now take the standard deduction and could potentially qualify.

Under this provision, individual tax filers, including married individuals filing separate returns, can claim a deduction of up to $300 for cash contributions made

to qualifying charities during 2021. The maximum deduction is increased to $600 for married individuals filing joint returns.

Included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted in March 2020, a more limited version of this temporary tax benefit originally only applied to tax-year 2020. The Taxpayer Certainty and Disaster Tax Relief Act of 2020, enacted last December, generally extended it through the end of 2021.

Cash contributions include those made by check, credit card or debit card as well as amounts incurred by an individual for unreimbursed out-of-pocket expenses in connection with their volunteer services to a qualifying charitable organization. Cash contributions don't include the value of volunteer services, securities, household items or other property.

The IRS reminds taxpayers to make sure they're donating to a recognized charity. To receive a deduction, taxpayers must donate to a qualified charity. To check the status of a charity, they can use the IRS Tax Exempt Organization Search tool.

Cash contributions to most charitable organizations qualify. But contributions made either to supporting organizations or to establish or maintain a donor advised fund do not. Contributions carried forward from prior years do not qualify, nor do contributions to most private foundations and most cash contributions to charitable remainder trusts.

In general, a donor-advised fund is a fund or account maintained by a charity in which a donor can, because of being a donor, advise the fund on how to distribute or invest amounts contributed by the donor and held in the fund. A supporting organization is a charity that carries out its exempt purposes by supporting other exempt organizations, usually other public charities.

Keep good records

Special recordkeeping rules apply to any taxpayer claiming a charitable contribution deduction. Usually, this includes obtaining an acknowledgment letter from the charity before filing a return and retaining a cancelled check or credit card receipt for contributions of cash.

For details on the recordkeeping rules for substantiating gifts to charity, see Publication 526, Charitable Contributions, available on IRS.gov.

Remind families about the Child Tax Credit

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS 

IRS issues another 430,000 refunds for adjustments related to unemployment compensation

Posted by Admin Posted on Nov 17 2021

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The Internal Revenue Service recently sent approximately 430,000 refunds totaling more than $510 million to taxpayers who paid taxes on unemployment compensation excluded from income for tax year 2020.

The IRS efforts to correct unemployment compensation overpayments will help most of the affected taxpayers avoid filing an amended tax return. So far, the IRS has identified over 16 million taxpayers who may be eligible for the adjustment. Some will receive refunds, while others will have the overpayment applied to taxes due or other debts.

The American Rescue Plan Act (ARPA) of 2021, enacted in March, excluded the first $10,200 in unemployment compensation per taxpayer paid in 2020. The $10,200 is the amount excluded when calculating one's adjusted gross income (AGI); it is not the amount of refund. The exclusion applied to individuals and married couples whose modified adjusted gross income was less than $150,000.

Earlier this year, the IRS began its review of tax returns filed prior to the enactment of ARPA to identify the excludible unemployment compensation. To date, the IRS has issued over 11.7 million refunds totaling $14.4 billion. This latest batch of corrections affected over 519,000 returns, with 430,000 taxpayers receiving refunds averaging about $1,189.

The review of returns and processing corrections is nearly complete as the IRS already reviewed the simplest returns and is now concentrating on more complex returns. The IRS plans to issue another batch of corrections before the end of the year.

Impacted taxpayers will generally receive letters from the IRS within 30 days of the adjustment, informing them of what kind of adjustment was made (refund, payment of IRS debt payment or payment offset for other authorized debts) and the amount of the adjustment.

The IRS also is making corrections for Earned Income Tax Credit, Additional Child Tax Credit, American Opportunity Credit, Premium Tax Credit and Recovery Rebate Credit amounts affected by the exclusion. Most taxpayers need not take any action and there is no need to call the IRS.

The IRS will be sending notices in November and December to individuals who did not claim the Earned Income Tax Credit or the Additional Child Tax Credit but may now be eligible for them.

These notices are not confirmation that they are eligible for these credits and will require a response from the taxpayer if eligible rather than filing an amended return. For taxpayers who become eligible for other credits and/or deductions after the exclusion is calculated but not claimed on their original return, they must file a Form 1040-X, Amended U.S. Individual Income Tax Return, to claim any new benefits.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS 

Is disability income taxable?

Posted by Admin Posted on Nov 17 2021

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Many Americans receive disability income. If you’re one of them or know someone who is, you may wonder whether it’s taxable. As is often the case with tax questions, the answer is “it depends.”

Key factor

The key factor is who paid the disability income (or who paid for the disability insurance funding the income). If the income is paid directly to you by your employer, it’s taxable to you as ordinary salary or wages would be. Taxable disability benefits are also subject to federal income tax withholding, though, depending on the disability plan, they sometimes aren’t subject to Social Security tax.

Frequently, disability payments aren’t made by the employer but by an insurer under a policy providing disability coverage or under an arrangement having the effect of accident or health insurance. In such cases, the tax treatment depends on who paid for the coverage. If your employer paid for it, then the income is taxable to you just as if paid directly to you by the employer. On the other hand, if it’s a policy you paid for, the payments you receive under it aren’t taxable.

Even if your employer arranges for the coverage (in other words, it’s a policy made available to you at work), the benefits aren’t taxed to you if you pay the premiums. For these purposes, if the premiums are paid by the employer but the amount paid is included as part of your taxable income from work, the premiums are treated as paid by you.

Two examples

Let’s say your salary is $1,000 a week ($52,000 a year). Under a disability insurance arrangement made available to you by your employer, $10 a week ($520 for the year) is paid on your behalf by your employer to an insurance company. A total of $52,520 is included in income as your wages for the year on your W-2 form: the $52,000 paid to you plus the $520 in disability insurance premiums. In this case, the insurance is treated as paid for by you. If you become disabled and receive benefits, they aren’t taxable income to you.

Now, let’s look at an example with the same facts as above but with one exception: Only $52,000 is included in income as your wages for the year on your W-2 because the amount paid for the insurance coverage qualifies as excludable under the rules for employer-provided health and accident plans. In this case, the insurance is treated as paid for by your employer. If you become disabled and receive benefits, they are taxable income to you.

Note: There are special rules in the case of a permanent loss (or loss of the use) of a part or function of the body, or a permanent disfigurement.

Any questions?

This discussion doesn’t cover the tax treatment of Social Security disability benefits, which may be taxed under different rules. Contact us if you’d like to discuss this further or have questions about regular disability income.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters        

TAX SAVING TECHNIQUE

Posted by Admin Posted on Nov 09 2021

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Charitable Giving - Instead of selling your appreciated long-term securities, donate the stock instead and avoid paying tax on the unrealized gain while still getting a charitable tax deduction for the full fair market value.

Health Savings Accounts (HSAs) - If you have a high deductible medical plan you can open an HSA and make tax deductible contributions to your account to pay for medical expenses. Unlike flexible spending arrangements (FSAs), the contributions can carry over for medical expenses in future years.

ROTH IRAs - Contributions to a ROTH IRA are not tax deductible but the qualified distributions, including earnings are tax-free.

Municipal Bonds - Interest earned on these types of investments is tax-exempt.

Own a home - most of the cost of this type of investment is financed and the interest (on mortgages up to $750,000) is tax deductible. When the property is sold, individuals may exclude up to $250,000 ($500,000 if married jointly) of the gain.

Retirement Plans - Participate in your employer sponsored retirement plan, especially if there is a matching component. You will receive a current tax deduction and the tax-deferred compounding can add up to a large retirement savings.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

CREDIT FOR THE ELDERLY OR DISABLED

Posted by Admin Posted on Nov 09 2021

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You may be able to take the Credit for the Elderly or the Disabled if you were age 65 or older at the end of last year, or if you are retired on permanent and total disability, according to the IRS. Like any other tax credit, it's a dollar-for-dollar reduction of your tax bill. The maximum amount of this credit is constantly changing.

You can take the credit for the elderly or the disabled if:

  • You are a qualified individual,
  • Your nontaxable income from Social Security or other nontaxable pension is less than $3,750 to $7,500 (also depending on your filing status).

Generally, you are a qualified individual for this credit if you are a U.S. citizen or resident at the end of the tax year and you are age 65 or older, or you are under 65, retired on permanent and total disability, received taxable disability income, and did not reach mandatory retirement age before the beginning of the tax year.

If you are under age 65, you can qualify for the credit only if you are retired on permanent and total disability. This means that:

  • You were permanently and totally disabled when you retired, and
  • You retired on disability before the end of the tax year.

Even if you do not retire formally, you are considered retired on disability when you have stopped working because of your disability. If you feel you might be eligible for this credit, please contact us for assistance.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

THE RIGHT TO BE INFORMED

Posted by Admin Posted on Nov 09 2021

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Taxpayers have the right to know what they need to do to comply with tax laws. They are entitled to clear explanations of the law and IRS procedures in all tax forms, instructions, publications, notices, and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes.

What This Means for You

If you receive a notice fully or partially disallowing your refund claim, including a refund you claim on your income tax return, it must explain the specific reasons why the claim is being disallowed. IRC § 6402(l)

Generally, if you owe a penalty, each written notice of such penalty must provide an explanation of the penalty, including the name of the penalty, the authority under the Internal Revenue Code, and how it is calculated. IRC § 6751(a)

During an in-person interview with the IRS as part of an audit, the IRS employee must explain the audit process and your rights under that process. Likewise, during an in-person interview with the IRS concerning the collection of your tax, the IRS employee must explain the collection process and your rights under that process. IRC § 7521(b)(1)

Generally, the IRS uses Publication 1, Your Rights as a Taxpayer to meet this requirement.

The IRS must include on certain notices the amount (if any) of the tax, interest, and certain penalties you owe and must explain why you owe these amounts. IRC § 7522

The IRS must inform you in certain publications and instructions that when you file a joint income tax return with your spouse, both of you are responsible for all tax due and any additional amounts due for that tax year, unless “innocent spouse” relief applies. RRA 98 § 3501(a)

The IRS must inform you in Publication 1 Your Rights as a Taxpayer and all collection related notices that in certain circumstances you may be relieved of all or part of the tax owed with your joint return. This is sometimes referred to as “innocent spouse relief.” RRA 98 § 3501(b)

The IRS must explain in Publication 1 Your Rights as a Taxpayer how it selects which taxpayers will be audited. RRA 98 § 3503

If the IRS proposes to assess tax against you, it will send you a letter providing the examination report, stating the proposed changes, and providing you with the opportunity for a review by an Appeals Officer if you respond generally within 30 days. This letter, which in some cases is the first communication from the examiner, must provide an explanation of the entire process from examination (audit) through collection and explain that the Taxpayer Advocate Service may be able to assist you. RRA § 3504

Generally, Publication 3498, The Examination Process, or Publication 3498-A The Examination Process (Audits by Mail) is included with this letter.

If you enter into a payment plan, known as an installment agreement, the IRS must send you an annual statement that provides how much you owe at the beginning of the year, how much you paid during the year, and how much you still owe at the end of the year. RRA § 98 3506, Treas. Reg. § 301.6159-1(h)

You have the right to access certain IRS records, including instructions and manuals to staff, unless such records are required or permitted to be withheld under the Internal Revenue Code, the Freedom of Information Act, or the Privacy Act. Certain IRS records must be available to you electronically.

If the IRS is proposing to adjust the amount of tax you owe, you will typically be sent a statutory notice of deficiency, which informs you of the proposed change. This notice provides you with a right to challenge the proposed adjustment in Tax Court without first paying the proposed adjustment. To exercise this right, you must file a petition with the Tax Court within 90 days of the date of the notice being sent (or 150 days if the taxpayer’s address on the notice is outside the United States or if the taxpayer is out of the country at the time the notice is mailed). Thus, the statutory notice of deficiency is your ticket to Tax Court. IRC §§ 6212; 6213(b)

For more information about the United States Tax Court, see the Court’s taxpayer information page.

The IRS should ensure that its written guidance and correspondence is accessible, consistent, written in plain language, and easy to understand.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: TAS               

EVERY BUSINESS OWNER NEEDS AN EXIT STRATEGY

Posted by Admin Posted on Nov 09 2021

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As a business owner, you have to keep your eye on your company’s income and expenses and applicable tax breaks. But you also must look out for your own financial future. And that includes creating an exit strategy.

Buy-sell agreement

When a business has more than one owner, a buy-sell agreement can be a powerful tool. The agreement controls what happens to the business if a specified event occurs, such as an owner’s retirement, disability or death. A well-drafted agreement provides a ready market for the departing owner’s interest in the business and prescribes a method for setting a price for that interest. It also allows business continuity by preventing disagreements caused by new owners.

A key issue with any buy-sell agreement is providing the buyer(s) with a means of funding the purchase. Life or disability insurance often helps fulfill this need and can give rise to several tax issues and opportunities. One of the biggest advantages of life insurance as a funding method is that proceeds generally are excluded from the beneficiary’s taxable income, provided certain conditions are met.

Succession within the family

You can pass your business on to family members by giving them interests, selling them interests or doing some of each. Be sure to consider your income needs, the tax consequences, and how family members will feel about your choice.

Under the annual gift tax exclusion, you can currently gift up to $15,000 of ownership interests without using up any of your lifetime gift and estate tax exemption. Valuation discounts may further reduce the taxable value of the gift.

With the gift and estate tax exemption approximately doubled through 2025 ($11.4 million for 2019), gift and estate taxes may be less of a concern for some business owners. But others may want to make substantial transfers now to take maximum advantage of the high exemption. What’s right for you will depend on the value of your business and your timeline for transferring ownership.

Get started now

To be successful, your exit strategy will require planning well in advance of retirement or any other reason for ownership transition. Please contact us for help.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: Thomson Reuters                   

Is an Offer in Compromise Right for You?

Posted by Admin Posted on Oct 26 2021

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What is an Offer in Compromise?

An offer in compromise (offer) allows you to settle your tax debt for less than the full amount you owe. There are three types of offers. We will focus on Doubt as to Liability Offers first.

Doubt as to Liability (DATL) offer – You have a legitimate doubt you owe all or part of the tax debt.

  • DATL offers are submitted using Form 656-L, Offer in Compromise (Doubt as to Liability).
  • No deposit or application fee is required for this type offer. However, you do need to offer at least $1, based on what you believe the correct amount of tax should be. If you believe you don’t owe any tax, refer to the instructions in Form 656-L for other alternatives to a DATL offer.

What to send with a DATL offer

  •  Pages 5-8 of Form 656-L.
  •  A written statement explaining why the tax debt (or part of the debt) is incorrect.
  •  Supporting documentation that will help the IRS identify the reason(s) you doubt the accuracy.
  •  If supporting documentation is not available and you cannot reconstruct your books and records, you should provide a detailed explanation as to why the tax debt or portion of the tax debt is incorrect.

Where to send your DATL offer

Mail your offer package to:
Brookhaven Internal Revenue Service, COIC Unit
P.O. Box 9008, Stop 681-D
Holtsville, NY 11742-9008

Due to the ongoing impact of COVID-19 on IRS operations, please visit IRS Operations During COVID-19: Mission-critical functions continue for any updates before mailing your offer package.

Next, let’s discuss the other two types of offers.

Doubt as to Collectibility (DATC) offer – You agree that you owe the debt, but you can’t afford to pay it in full and pay your basic living expenses at the same time.

Effective tax administration (ETA) offer – You have enough income and assets to pay the full amount and there is no doubt that the tax is legally owed but doing so would create a hardship for you. ETA offers may also be considered if it would be unfair and inequitable to require you to pay the full amount because of exceptional circumstances. ETA offers are only available if you don’t qualify for the first two types of offers.

What you need to know before filing a DATC or ETA offer

For DATC and ETA offers, the IRS will first determine if your debt can be paid in full through a monthly installment agreement. You should consider if an installment agreement is an option. Since the amount of your offer will be based on your “reasonable collection potential,” TAS encourages you to use the Offer In Compromise Pre-Qualifier tool to see if you qualify for an offer. Use of this tool is not a guarantee of offer acceptance.

What to send with a DATC or ETA offer

  • Completed Form 656, Offer in Compromise. This form is part of the Form 656-Booklet, Offer in Compromise.
  • Financial forms to let the IRS know about your monthly income, expenses, assets, and liabilities. These forms are also part of the Form 656-Booklet.
  • Individuals submitting either a DATC or ETA offer should complete Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals. Be sure to consider national and local standards when you list your expenses.
  • Businesses submitting either a DATC or ETA offer should complete Form 433-B (OIC), Collection Information Statement for Businesses.
  • Copies of all verification documents listed in the checklist on Form 433-A (OIC) for individuals, or Form 433-B (OIC) for businesses.
  • Your offer payment and application fee. See the next section for more details.

How much to pay with your DATC or ETA offer

  • You must submit an initial payment with your offer in compromise unless you are an individual who qualifies for a low-income waiver.
  • If you want to pay your offer in a lump sum, you need to pay 20 percent of the amount you offer with your offer package.
  • If you want to pay your offer in periodic payments (over no more than a two-year period), you need to include your first payment with your offer package.
  • OIC application fee, currently $205, unless you qualify for the low-income waiver. If you qualify for this waiver, be sure to check the low-income certification box in Section 1 of Form 656.

Where to send your DATC or ETA offer

Mail your offer package based on where you live.

If you reside in:

Mail your offer package to:

AZ, CA, CO, HI, ID, KY, MS, NM, NV, OK, OR, TN, TX, UT, WA

Memphis IRS Center COIC Unit
P.O. Box 30803, AMC
Memphis, TN 38130-0803

AK, AL, AR, CT, DC, DE, FL, GA, IA, IL, IN, KS, LA, MA, MD, ME, MI, MN, MO, MT, NC, ND, NE, NH, NJ, NY, OH, PA, PR, RI, SC, SD, VA, VT, WI, WV, WY, or have a foreign address

Brookhaven IRS Center COIC Unit P.O. Box 9007 Holtsville, NY 11742-9007

Due to the ongoing impact of COVID-19 on IRS operations, please visit IRS Operations During COVID-19: Mission-critical functions continue for any updates before mailing your offer package.

When is the IRS unable to consider your DATC or ETC offer?

Your offer cannot be considered if:

  • You are in bankruptcy.
  • You did not include an application fee or check the low-income certification box on Form 656.
  • You did not include the required initial payment with the offer (20 percent of the offered amount for lump sum offers or the first payment for periodic offers) or check the low-income certification box in the applicable section of Form 656.
  • Your case is with the Department of Justice.
  • There are no debts on your account, i.e., your tax refund paid your debt in full and there are no other outstanding debts.
  • The collection statute expiration date (CSED) has expired for all tax liabilities included in your offer.

You have not filed all your tax returns and received a bill from the IRS for at least one tax liability.

  • You have not made all required estimated tax payments for the current year.
  • You are a business owner with employees, and have not made all required federal tax deposits for the current quarter.
  • Your debt is the result of a restitution amount ordered by a court or a tax debt that has been reduced to judgment.

More information

  • If the IRS is unable to consider your offer, it will return your application fee but not your partial payment.
  • Even if your offer can be considered, it may be returned for several reasons, for example if you don’t provide the necessary paperwork or you fail to stay in filing and payment compliance while the IRS considers your offer.
  • The employee assigned to your case may request additional documentation from you. It’s important to respond quickly and ask for more time if you need it.
  • If your offer is returned, you may have the right to contest that decision.
  • While your offer is being considered you can generally expect no new levies to be filed, but the IRS may file a Notice of Federal Tax Lien.
  • If your offer is accepted, the IRS will hold your refunds through the calendar year in which your offer is accepted.
  • If your offer is rejected, you can appeal that decision with Form 13711, Request for Appeal of Offer in Compromise.
  • You must file and pay your taxes on time for five years after your offer is accepted. If you don’t, the IRS can terminate the offer and reinstate your full liability including accrued penalties and interest, minus any OIC payments and refunds applied after acceptance of the offer.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS   

Decoding IRS Transcripts and the New Transcript Format: Part II

Posted by Admin Posted on Oct 26 2021

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Reading and Understanding IRS Transcripts 

While IRS transcripts can be helpful, reading and understanding them can be complicated. The IRS’s processing system, the Integrated Data Retrieval System (IDRS), uses a system of codes to identify a transaction the IRS is processing and to maintain a history of actions posted to a taxpayer’s account. These Transaction Codes (TCs) basically provide processing instructions to the IRS’s system. To make IRS transcripts user-friendly for the public, the IRS provides a literal description of each TC shown on a taxpayer’s IRS transcript. Although helpful, sometimes these descriptions don’t adequately explain the account transaction.  Document 11734, Transaction Code Pocket Guide, is a summarized list of TCs taken from section 8A of the IRS’s Document 6209, ADP and IDRS Information Reference Guide, both of which may be helpful when reviewing an IRS transcript. 

A Closer Look at the IRS Record of Account Transcript 

As shown in the fictitious example below, the Record of Account Transcript will summarize any balance due or overpayment on a taxpayer’s account for the specified year at the top of the form. If the account reflects a balance due, the transcript provides the date to which any accrued penalty and interest were calculated. Next, the transcript will show specific information from the taxpayer’s return – or the corrected amounts resulting from any changes to the return caused by either a request from the taxpayer or an IRS determination. This is noteworthy should a taxpayer find it necessary to file an amended return. The correct figures must be used as the starting point on Form 1040X, Amended US Individual Income Tax Return, when requesting any subsequent account adjustments – otherwise, processing problems may occur. 

Figure 1 

The Tax Account Portion of the Record of Accounts 

This section of the Record of Accounts Transcript provides details regarding the taxpayer’s account activity, as shown in Figure 2. 

Figure 2
 

Some of the common TCs on the tax account portion of a transcript are: 

  • TC 150 – Date of filing and the amount of tax shown on the taxpayer’s return when filed – or as corrected by the IRS when processed; 
  • TC 196 – Interest Assessed; 
  • TC 276 – Failure to Pay Tax Penalty; 
  • TC 291 – Abatement Prior Tax Assessment; 
  • TC 300 – Additional Tax or Deficiency Assessment by Examination Division or Collection Division; 
  • TC 420 – Examination Indicator reflects that a return is under examination consideration though the return may or may not ultimately be audited; 
  • TC 428 – Examination or Appeals Case Transfer; 
  • TC 460 – Extension of Time for Filing; 
  • TC 480 – Offer in Compromise Pending; 
  • TC 494 – Notice of Deficiency; 
  • TC 520 – IRS Litigation Instituted; 
  • TC 530 – Indicates that an account is currently not collectible; 
  • TC 582 – Lien Indicator; 
  • TC 768 – Earned Income Credit; 
  • TC 806 – Reflects any credit the taxpayer is given for tax withheld, as shown on the tax return and the taxpayer’s information statements such as Forms W-2 and 1099 attached to the taxpayer’s tax return; and 
  • TC 846 – Represents the issuance of a taxpayer’s refund if the credits and withholding exceed the amount of tax due, and there are no issues with the return, the system will automatically generate a refund. 

In the above example, tax credits, withholding credits, credits for interest the IRS owes to a taxpayer, and tax adjustments that reduce the amount of tax owed, are shown as negative amounts on the tax account transcript. In other words, negative amounts on an IRS transcript can be considered amounts “in the taxpayer’s favor.” 

Because TCs on a taxpayer’s account are essentially instructions to the IRS system, it is important to note that some TCs are input for informational reasons not directly associated with an accounting-related dollar amount. 

I hope we have not confused you. Using the IRS’s Pocket Guide should help you understand the transcript and provide you with the key information you are seeking. 

The Tax Return Portion of the Record of Accounts 

The tax return portion of the Record of Accounts depicts most of the line entries on the taxpayer’s tax return when it was filed. Figure 3 provides only the income section of our fictitious example; however, the actual Record of Accounts will depict all the sections of a taxpayer’s filed tax return and can be useful when the taxpayer has not maintained a copy of his or her return and needs to know what was reported to the IRS on his or her return.  

Figure 3
 

New Tax Transcript Format and Utilizing a Customer File Number 

In July 2021, IRS updated a webpage on IRS.gov to educate taxpayers regarding the new transcript format and use of the “customer file number,” which was designed to better protect taxpayer data. This new format partially masks personally identifiable information. However, financial data will remain visible to allow for tax return preparation, tax representation, or income verification. These changes apply to transcripts for both individual and business taxpayers. 

Here’s what is visible on the new tax transcript format: 

  • Last four digits of any Social Security number on the transcript: XXX-XX-1234; 
  • Last four digits of any Employer Identification Number on the transcript: XX-XXX1234; 
  • Last four digits of any account or telephone number; 
  • First four characters of first name and first four characters of the last name for any individual (first three characters if the name has only four letters); 
  • First four characters of any name on the business name line (first three characters if the name has only four letters); 
  • First six characters of the street address, including spaces; and 
  • All money amounts, including wage and income, balance due, interest, and penalties. 

For security reasons, the IRS no longer offers fax service for most transcript types to both taxpayers and third parties and has stopped its third-party mailing service via Forms 4506, 4506-T, and 4506T-EZ. 

Lenders and others who use the Forms 4506 series to obtain transcripts for income verification purposes should consider other options such as participating in the Income Verification Express Service or having the customer provide the transcript. 

Only individual taxpayers may use Get Transcript Online or Get Transcript by Mail.  Because the full Taxpayer Identification Number is no longer visible, the IRS created an entry for a Customer File Number. The Customer File Number is a ten-digit number assigned by the third-party, for example, a loan number that can be manually entered when the taxpayer completes his or her Get Transcript Online or Get Transcript by Mail request. This Customer File Number will then display on the transcript when it is downloaded or mailed to the taxpayer. The transcript’s Customer File Number serves as a tracking number that enables a lender or other third party to match the transcript to the taxpayer making the transcript request.       

Conclusion 

Taxpayers needing tax return, tax account, or information return information may quickly find what they need through the IRS’s Get Transcript Online portal or their online account. I continue to urge the IRS to expand the Online Account functionality and increase its availability to practitioners and businesses. The current functionalities provide many basic and helpful information, and I look forward to continued expansion of functionality. Transcripts are free and provide a wealth of information. I encourage taxpayers to explore this option. If an IRS transcript can meet a taxpayer’s needs, it may be preferable to trying to contact the IRS or other more time-consuming methods of requesting tax account information. 

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS         

Feel like you are not responsible for a debt owed by your spouse or ex-spouse?

Posted by Admin Posted on Oct 26 2021

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Saying “I do” doesn’t necessarily mean you’re responsible for your spouse’s or ex-spouse’s debts.

If your spouse has a debt (this debt could be for any number of things – child support, spousal support, a federal debt (e.g., student loans), or a federal tax debt) and you file your taxes using the Married-Filing-Joint tax filing status, the IRS can apply your refund to one of these debts, which is known as an “offset”. Or they can take a collection action against you for the tax debt you and your spouse owe, such as filing of the Notice of Federal Tax Lien or issuing a levy. However, if you’re not legally responsible for the past-due amount, you may still be entitled to receive your share of the refund or request relief from joint and several liability, depending on the facts of the situation.

In some situations, you may agree that you are responsible for the debt. If this is the case, you can either do nothing and let the refund be applied or if that doesn’t cover the entire debt, you can seek payment options with the agency the debt is owed to.

But if you feel you are not responsible for the debt, there are two way to request relief – through Injured Spouse and Innocent Spouse Procedures.

1.   An injured spouse status involves obtaining a refund of a spouse’s interest in an overpayment that has been offset by the IRS. See IRC Section 6402.

2.   Innocent spouse status relieves a spouse of the responsibility for paying taxes that are owed jointly and severally with the other spouse. See IRC Sections 66 and 6015.

Below is short introduction of the two procedures for which you may be eligible based on your particular facts and circumstances:

Injured Spouse: You can request that you be treated as an injured spouse, if you filed a joint tax return and all or part of a refund is taken to pay a debt owed only by your spouse and not you. See the Injured Spouse page for step-by-step instructions for filing this claim and what information is needed. We also have a short video that explains what injured spouse means and when to file a claim.

Innocent Spouse: In general, if you file married filing jointly both of you are responsible for federal taxes owed. This is called joint and several liability, meaning the IRS can collect a joint liability from either you or your spouse even if you’ve divorced after you filed a joint tax return.

However, for instances involving individual earned income or self-employment taxes only, by requesting innocent spouse relief, you can be considered for relief of responsibility from paying tax, interest, and penalties, if your spouse (or former spouse) improperly reported items or omitted items on your tax return. For example, Household Employment taxes, Individual Shared Responsibility payments, and business taxes and trust fund recovery penalty for employment taxes are not eligible for innocent spouse relief.

The three types of relief available are:

  • Innocent spouse relief
  • Separation of liability
  • Equitable relief

Each type of relief has different requirements. See IRS Publication 971 for more information.
If you still can’t find the information you need in Publication 971, see these other resources to help you determine if you should file for Innocent Spouse relief:

If you file an Innocent Spouse claim, but the IRS denies your claim and you still disagree, see Appeal an Innocent Spouse Determination for next steps to take.

Additional help

In either of the above situations, if you have taken the required steps and filed the proper claim information timely, but you are still unable to resolve the issue, see if you qualify for help from the Taxpayer Advocate Service.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS     

I got a notice or letter from the IRS – now what do I do?

Posted by Admin Posted on Oct 26 2021

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The IRS will send a notice or a letter for any number of reasons, including: 

  • Identifying a specific issue on your federal tax return or account that needs action; 
  • Explaining changes to your return or account; 
  • Asking for missing or more information; or 
  • Requesting a payment. 

You can handle most of this correspondence without calling, visiting an IRS office, or involving the Taxpayer Advocate Service (TAS) by following the instructions in the notice or letter. 

However, sometimes these letters or notices can be confusing and hard to understand. Here are some tips to help you when you receive a notice or letter from the IRS. 

1. Determine the reason the notice or letter was sent 

Your notice or letter will explain the reason for the contact and give you instructions on how to handle the issue. If you need help understanding the information provided, the IRS has a Search Notice and Letters feature on the Understanding Your IRS Notice or Letter page. TAS also has a tool called the Taxpayer Roadmap, which includes copies of common letters and notices that you can use. 

You can find the notice (CP) or letter (LTR) number on either the top or the bottom right-hand corner of your correspondence. Once you find it, you can enter that number in the search feature and you will be taken to a corresponding page that has more general information that may help. 

The Taxpayer Advocate Service has a GET HELP section on various topics that can lead you through important information and steps and actions necessary to help you resolve many common tax issues. 

2. Do I need to reply? 

Whether you need to reply or not will depend on the issue. 

If you agree with the information or change listed on the notice or letter, generally there is no need to reply. If the action causes a balance due, then you should take action immediately. Other times, even if you do agree, you may need to provide specific information to resolve the issue, particularly if you need to verify your identity. 

If you disagree, you will need to act as soon as possible, as penalties and interest may be accruing, depending on the circumstances. The letter should outline what that action is and include a due date for your response. 

Whether you agree or not, if it requires a reply – do not delay! Delaying can create more issues. See more on this below. 

3. When to respond 

If your notice or letter requires a response by a specific date, there are many reasons you’ll want to comply. Here are just a few: 

  • minimize additional interest and penalty charges; 
  • prevent further action from being taken on the account or against you; and 
  • preserve your appeal rights if you don’t agree. 

If you need more time to respond than the notice or letter indicates, contact the IRS using the contact information included on the notice or letter or call the general number, shown below, but only if a specific contact is not indicated. 

4. How and where to reply 

All notices and letters should tell you where to send your response, whether it’s to a mailing address or fax number. (Note: The IRS generally does not allow communication via email yet, although they are currently working on developing some alternative digital communication options.) 

Follow the instructions in your notice or letter. See the IRS Operational status page for IRS customer service timeframes and updates as there are still some delays due to the ongoing pandemic. 

5. What if I want to talk to someone? 

Each notice or letter should include contact information. Some phone numbers on notices or letters are general IRS toll-free numbers, but if a specific employee is working your case, it will show a specific phone number to reach that employee or the department manager. The telephone number is usually found in the upper right-hand corner of your notice or letter. 

As a last resort, you can use the IRS toll-free number at 800-829-1040. Have a copy of your tax return and the correspondence available when you call. But your best option is to use the specific number or address provided. 

6. Wait – I still need help 

You can resolve most notices or letters without help, but you can also get the help of a professional – either the person who prepared your return, or another tax professional

If you can’t afford to hire a tax professional to assist you, you may be eligible for free or low cost representation from an attorney, certified public accountant, or enrolled agent associated with a Low Income Taxpayer Clinic (LITC). In addition, LITCs can help if you speak English as a second language and need help understanding the notice or letter. For more information or to find an LITC near you, see the LITC page at www.taxpayeradvocate.irs.gov/litcmap or IRS Publication 4134, Low Income Taxpayer Clinic List. 

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS                                    

Create an Online Account to view your balances, make payments, get transcripts, and more

Posted by Admin Posted on Oct 26 2021

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The IRS offers an online account application for individual taxpayers. With online account access, you can view: 

  • The total amount you owe, including balance details by year; 
  • Your payment history and any scheduled or pending payments 
  • Key information from your most recent tax return; 
  • Payment plan details, if you have one; 
  • Digital copies of select notices from the IRS; 
  • Your Economic Impact Payments, if any; 
  • Your address on file; and 
  • Authorization requests from tax professionals. 

You can also: 

  • Make a payment online; 
  • See payment plan options and request a plan via Online Payment Agreement; 
  • Access your tax records via Get Transcript; and 
  • Approve or reject authorization requests from tax professionals. 

However, some taxpayers have difficulty satisfying the Identification (ID) authentication requirements of the application. These requirements are necessary to screen out unauthorized access and to prevent potential hacks of taxpayer information. Read on to learn how to pass these ID requirements and enroll. 

To register for an online services account, you will need the following: 

  • Email address; 
  • Social Security Number (SSN) or Individual Tax Identification Number (ITIN); 
  • Tax filing status and mailing address; 
  • One financial account number linked to your name: 
  • Last 8 digits of a credit card number (other than American Express, debit or corporate cards); 
  • Student loan account number, unless issued by Nelnet; 
  • Mortgage or home equity loan number; 
  • Home equity line of credit (HELOC) account number; or 
  • Auto loan number; and 
  • Mobile phone linked to your name (for faster registration) or ability to receive an activation code by mail

Please note that your account balance will update only once every 24 hours, usually overnight, and check/money order payments may take up to three weeks to appear on your account. 

you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at  If 305-274-5811.

Source: TAS                

USE CAPITAL LOSSES TO OFFSET CAPITAL GAINS

Posted by Admin Posted on Oct 26 2021

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When is a loss actually a gain? When that loss becomes an opportunity to lower tax liability, of course. Now’s a good time to begin your year-end tax planning and attempt to neutralize gains and losses by year end. To do so, it might make sense to sell investments at a loss in 2018 to offset capital gains that you’ve already realized this year.

Now and later

A capital loss occurs when you sell a security for less than your “basis,” generally the original purchase price. You can use capital losses to offset any capital gains you realize in that same tax year — even if one is short term and the other is long term.

When your capital losses exceed your capital gains, you can use up to $3,000 of the excess to offset wages, interest and other ordinary income ($1,500 for married people filing separately) and carry the remainder forward to future years until it’s used up.

Research and replace

Years ago, investors realized it could be beneficial to sell a security to recognize a capital loss for a given tax year and then — if they still liked the security’s prospects — buy it back immediately. To counter this strategy, Congress imposed the wash sale rule, which disallows losses when an investor sells a security and then buys the same or a “substantially identical” security within 30 days of the sale, before or after.

Waiting 30 days to repurchase a security you’ve sold might be fine in some situations. But there may be times when you’d rather not be forced to sit on the sidelines for a month.

Fortunately, there’s an alternative. With a little research, you might be able to identify a security in the same sector you like just as well as, or better than, the old one. Your solution is now simple and straightforward: Simultaneously sell the stock you own at a loss and buy the competitor’s stock, thereby avoiding violation of the “same or substantially identical” provision of the wash sale rule. You maintain your position in that sector or industry and might even add to your portfolio a stock you believe has more potential or less risk.

If you bought shares of a security at different times, give some thought to which lot can be sold most advantageously. The IRS allows investors to choose among several methods of designating lots when selling securities, and those methods sometimes produce radically different results.

Good with the bad

Investing always carries the risk that you will lose some or even all of your money. But you have to take the good with the bad. In terms of tax planning, you can turn investment losses into opportunities — and potentially end the year on a high note.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

Need options for when you owe federal taxes, but can’t pay in full?

Posted by Admin Posted on Oct 26 2021

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The best-case scenario is to pay your taxes in full (Easy Payment Methods explained video) by the due date of the tax return (May 17, 2021 for your 2020 returns), because otherwise both a failure to pay penalty and interest will may continue to be assessed until it is fully paid.

However, due to the lingering effects of COVID-19, many people are facing financial difficulties. So, if you are unable to pay your taxes in full, the IRS has several options that you can consider based on your financial situation.

Here’s a summary of some of the options available and links to get more information and how start the process of making the type of request you choose.

  • Payment Plans – the IRS provides a variety of payment plan options, including the ability to apply online for a payment plan. The benefit to applying online is once you complete your online application you will receive immediate notification of whether your payment plan has been approved. Also, if you run into trouble, this option allows you to “chat” online with an IRS assistor to help you finish the process or get other guidance on further options. Setup fees may be higher if you apply for a payment plan by phone, mail, or in-person.

The availability of a payment plan will depend on your income, the amount owed, and how long it will take to pay. In some cases, there are both short-term and long-term options available, again, depending on the amount you owe. The information on this page will tell you all you need to know about payment plans. In some cases, you can set up a payment plan to automatically deduct payments from banking accounts, paychecks or you can make payments electronically or mail-in payments yourself. In most instances, you can also choose your payment date too.

Can’t pay now – If the IRS determines that you cannot pay any of your tax debt at this time, they may report your account as currently not collectible (CNC) and temporarily delay collection until your financial condition improves. Being designated as CNC does not mean the debt goes away, it means the IRS has determined you cannot afford to pay the debt at this time. Prior to approving your request to delay collection, the IRS may ask you to complete a Collection Information Statement (Form 433-F PDFForm 433-A PDF or Form 433-B PDF and provide proof of your financial status (this may include information about your assets and your monthly income and expenses).

You should know that if the IRS does delay collecting from you, your debt will increase because penalties and interest continue to be charged until you pay the full amount. During a temporary delay, the IRS will again review your ability to pay, generally annually. The IRS may also file a Notice of Federal Tax Lien to protect the government’s interest in your assets.

You should also review our TAS Currently Not Collectible page and video, before you start the process. Also, be sure to file all prior year tax returns (if you were required to file a return), even if you can’t pay the amount you owe on any returns right now, before requesting this option. You can find filing help options on our page above as well.

If the IRS decides you can make some type of payment and you still disagree, you do have options. We recommend reading our TAS Currently Not Collectible page for more information about this.

Offer In Compromise – A Doubt as to Collectability or an Effective Tax Administration offer in compromise (OIC) allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability or doing so creates a financial hardship.

The OIC process is not for everyone and generally requires a non-refundable fee, so explore all other payment options before submitting an OIC. If you hire a tax professional to help you file an offer, be sure to check his or her qualifications.

Review our TAS OIC page and video about OICs before you start the process. You can also read “An offer in compromise may help some taxpayers settle their tax bill,” use the IRS Offer in Compromise Pre-Qualifier Tool to see if you may be eligible to make an offer, and the see links in the “Resources” section below, for additional information on OICs.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS   

Additional help is now available for visually impaired and other taxpayers with disabilities

Posted by Admin Posted on Oct 26 2021

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The Internal Revenue Service (IRS) Policy Statement 1-47, Reasonable Accommodations for People with Disabilities (see IRM 1.2.1.2.12), requires the IRS to take necessary actions to ensure taxpayers with disabilities have an equal opportunity to participate effectively in its programs, activities and services. If a taxpayer is unable to read IRS forms, publications and correspondence issued in standard print, they may request an accessible copy of that product in an alternative format.

The IRS has established an Accessibility Helpline at 833-690-0598, where taxpayers, who use assistive technology such as screen reading software, refreshable Braille displays and screen magnifying software may request assistance in getting certain IRS forms and products in an alternative media format (Section 508 compliant PDF, HTML, eBraille, text and large print).

Getting accessible forms and products

The IRS already provides a number of accessible tax forms, instructions and publications on the Accessible Forms and Publications page, including some Taxpayer Advocate Service (TAS) publications, so look there first. To request paper copies of tax forms, instructions or publications in Braille or large print, you can also call the tax form telephone number at 800-829-3676. However, if you are having trouble requesting these products or have questions about current and future accessibility services or other alternative media formats available to taxpayers with disabilities, please call the Accessibility Helpline at 833-690-0598.

Getting accessible IRS notice or letters

If you receive a notice or letter in print format and prefer it in Braille or large print, choose one of the three options below to request your preferred alternative media format:

  • Call the tax assistance number at 800-829-1040.
  • Fax your notice and a cover sheet to: Alternative Media Center, at 855-473-2006. On the cover sheet, write “Alternative Media Format” at the top and include your name, address, daytime phone number and your preferred format.
  • Mail your notice with a note stating your preferred format (Braille or large print) to: Internal Revenue Service, Alternative Media Center, 400 N. 8th St. Room G39, Richmond, VA 23219.

Once the IRS receives your request it will take up to 15 business days to convert the notice or letter and mail it back to you.

Note: The IRS is developing a process to make it easier for visually impaired taxpayers to request post-filing tax notices — such as notices about additional taxes or penalties owed — in Braille, large print, audio or electronic formats. The new process is expected to be in place by January 31, 2022.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS  

The right to finality

Posted by Admin Posted on Oct 20 2021

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Taxpayers interacting with the IRS have the right to finality. This right comes into play for taxpayers who are going through an audit. These taxpayers have the right to know when the IRS has finished the audit. This is one of ten basic rights — known collectively as the Taxpayer Bill of Rights.

Here's what taxpayers in the process of an audit, should know about their right to finality:

·  Taxpayers have the right to know:
 

o The maximum amount of time they have to challenge the IRS's position.

o The maximum amount of time the IRS has to audit a particular tax year or collect a tax debt. 

o When the IRS has finished an audit.
 

·  The IRS generally has three years from the date taxpayers file their returns to assess any additional tax for that tax year.
 

·  There are some limited exceptions to the three-year rule, including when taxpayers fail to file returns for specific years or file false or fraudulent returns. In these cases, the IRS has an unlimited amount of time to assess tax for that tax year.
 

·  The IRS generally has 10 years from the assessment date to collect unpaid taxes. This 10-year period cannot be extended, except for taxpayers who enter into installment agreements or the IRS obtains court judgments.
 

·  There are circumstances when the 10-year collection period may be suspended. This can happen when the IRS cannot collect money due to the taxpayer's bankruptcy or there's an ongoing collection due process proceeding involving the taxpayer.
 

·  A statutory notice of deficiency is a letter proposing additional tax the taxpayer owes. This notice must include the deadline for filing a petition with the tax court to challenge the amount proposed.
 

·  Generally, a taxpayer will only be subject to one audit per tax year. However, the IRS may reopen an audit for a previous tax year, if the IRS finds it necessary. This could happen, for example, if a taxpayer files a fraudulent return.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source :  IRS                                   

REPORT YOUR VIRTUAL CURRENCY TRANSACTIONS.

Posted by Admin Posted on Oct 20 2021

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Virtual currency is a digital representation of value other than a representation of the U.S. dollar or a foreign currency (“real currency”). Virtual currency is used as a unit of account, a store of value, or a medium of exchange. TAS wants to help you understand the tax treatment of virtual currency that can be converted into, or exchanged for, real currency.

Bitcoin is one example of a convertible virtual currency. Bitcoin is a cryptocurrency, which is a specific type of virtual currency that uses cryptography to secure transactions that are digitally recorded on a distributed ledger, such as a blockchain. A transaction involving cryptocurrency that is recorded on a distributed ledger is referred to as an “on-chain” transaction. A transaction that is not recorded on the distributed ledger is referred to as an “off-chain” transaction, where individuals can engage directly with each other without necessarily using a trusted third party like a cryptocurrency exchange.

Why are virtual currency transactions taxable?

Income is generally taxable regardless of the source it comes from. As such, virtual currency transactions are taxable just like ‘traditional’ transactions involving money for goods or services, or an exchange of property for other property or services. Virtual currency is treated as property by the IRS and general tax principles that apply to property transactions apply if you sell, exchange, or otherwise transact using virtual currency.

How are virtual currency transactions taxed?

In general, individuals who transact with virtual currency, including buying and selling virtual currency or exchanging virtual currency, hold the virtual currency as a capital asset and the transactions result in capital gain or capital loss. Since virtual currency is considered property, the same general principles apply. However, virtual currency received as compensation for services is treated the same as wages and results in ordinary income to the recipient who then holds the virtual currency as a capital asset.

The following examples illustrate several common transactions involving virtual currency:

  • Sales: When you sell virtual currency, it is generally a capital asset and you must report the transaction along with any capital gain or loss on the sale.
    • Example: If Mary purchased 5 Bitcoins for $50,000 in April and sold all of her Bitcoins in July for $52,000, she would have short-term capital gain of $2,000 (the sales price less the purchase price). If Mary sold the Bitcoins for $48,000, she would have a short-term capital loss on the sale, that must be reported too, but it would be subject to any limitations on capital loss deductions.
  • Exchanges: If you exchange virtual currency held as a capital asset for services or other property, including goods or another virtual currency, you must report the transaction and any capital gain or loss resulting from the exchange.
    • Example: If Bill buys 5 Bitcoins for $50,000 in April and exchanges them for another virtual currency in June worth $40,000 at the date and time of the exchange, Bill would report a $10,000 short-term capital loss on the transaction. In this case, Bill would have to look at his other capital losses and could potentially be limited in how much he could deduct in the current year. Likewise, if the exchanged virtual currency was worth $60,000 instead of $40,000, Bill would report a $10,000 short-term capital gain on the transaction.
  • Earnings: When you receive property, including virtual currency, in exchange for performing services, whether or not you perform the services as an employee, you must report the earnings as ordinary income. Compensation for services are reported and taxed the same regardless of how the compensation is received (dollars, virtual currencies, property, or other services).If you receive virtual currency in return for providing services as an employee, it’s considered wages and is subject to Federal income tax withholding, Federal Insurance Contributions Act (FICA) tax, and Federal Unemployment Tax Act (FUTA) tax and must be reported by your employer on Form W-2, Wage and Tax Statement, like traditional wages paid in U.S. dollars. If you receive virtual currency in return for providing services and are not an employee of the payor, you are self-employed, and may be considered an independent contractor. Income from self-employment is often reported on Form 1099-MISC, Miscellaneous Income.
    • Example: If Deng receives $100,000 for providing services as an employee, he should report this as “wages” on his income tax return. If Deng is not an employee, the compensation is reported on Schedule 1 or Schedule C. Deng must report this income on his income tax return regardless of whether he receives a W-2, 1099-MISC, or other information return.
  • Hard forks: A hard fork occurs when a cryptocurrency undergoes a protocol change resulting in a permanent diversion from the legacy distributed ledger. This may result in the creation of a new cryptocurrency in addition to the legacy cryptocurrency. If your cryptocurrency went through a hard fork, but you did not receive any new cryptocurrency you don’t have taxable income.
    • Example: Maria holds 10 units of cryptocurrency A that has a hard fork after which she also has 10 units of cryptocurrency B. Regardless of how she receives the new cryptocurrency B, she has income. If the 10 units of cryptocurrency B are worth $50 at the date and time she receives them, Maria will have taxable income of $50 that she must report in the year she receives the cryptocurrency B.
  • Unreported transactions: You must report income, gain, or loss from all taxable transactions involving virtual currency on your Federal income tax return for the year of the transaction, regardless of the amount or whether you receive a payee statement (like a Form W-2) or information return (like a Form 1099-MISC).

For more information on the tax treatment of property transactions, see Publication 544, Sales and Other Dispositions of Assets.

What virtual currency transactions are not taxable?

Generally, the same rules that apply to other property apply to virtual currency. Not all property transactions are taxable. For example, the following transactions are not taxable:

  • Transactions with yourself. If you transfer virtual currency from a wallet, address, or account belonging to you, to another wallet, address, or account that also belongs to you, the transfer is a non-taxable event, even if you receive an information return reporting the transfer.
  • Bona fide gifts. If you receive virtual currency as a bona fide gift, the gift is not taxable. You will report any income or loss when you sell, exchange, or otherwise dispose of the virtual currency.
  • Charitable donations. If you donate virtual currency to a charitable organization described in Internal Revenue Code Section 170(c), you will not report income, gain, or loss from the donation.
  • Soft forks. A soft fork occurs when a distributed ledger undergoes a protocol change that does not result in a diversion of the ledger and thus does not result in the creation of a new cryptocurrency. Because soft forks do not result in you receiving new cryptocurrency, you will be in the same position you were in prior to the soft fork, meaning that the soft fork will not result in any income to you.

Where Are Virtual Currency Transactions Reported?

Transactions conducted in virtual currency are generally reported on the same tax forms as transactions in other property. They are also reported on a new checkbox on Form 1040. Virtual currency transactions must be reported on:

What records do I need to maintain regarding my transactions using virtual currency?

The Internal Revenue Code and regulations require taxpayers to maintain records that are sufficient to establish the positions taken on tax returns. You should therefore maintain records documenting receipts, sales, exchanges, or other dispositions of virtual currency and the fair market value of the virtual currency for at least three years after reporting any taxable event or have other reporting requirements even if they’re not immediately taxable.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS

ABLE accounts: A valuable financial solution for people with disabilities

Posted by Admin Posted on Oct 20 2021

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Achieving a Better Life Experience or ABLE accounts are tax-advantaged savings accounts for individuals with disabilities and their families. These accounts help disabled people pay qualified disability-related expenses without affecting their eligibility for government assistance programs.

Here are some key things people should know about these accounts.

Annual contribution limit

  • The 2021 limit is $15,000.
  • Certain employed ABLE account beneficiaries may make an additional contribution up to the lesser of these amounts:
    • The designated beneficiary's compensation for the tax year.
    • The poverty line for a one-person household. For 2021, this amount is $12,880 in the continental U.S., $16,090 in Alaska and $14,820 in Hawaii. 

Saver's credit

  • ABLE account designated beneficiaries may be eligible to claim the saver's credit for a percentage of their contributions. 
  • The beneficiary claims the credit on Form 8880, Credit for Qualified Retirement Savings Contributions PDF. The saver's credit is a non-refundable credit available to individuals who meet these three requirements:
    • Are at least 18 years old at the close of the taxable year
    • Are not a dependent or a full-time student
    • Meet the income requirements

Rollovers and transfers from section 529 plans

  • Families may roll over funds from a 529 plan to another family member's ABLE account. 
  • The ABLE account must be for the same beneficiary as the 529 account or for a member of the same family as the 529 account holder. Rollovers from a section 529 plan count toward the annual contribution limit. For example, the $15,000 annual contribution limit would be met by parents contributing $10,000 to their child's ABLE account and rolling over $5,000 from a 529 plan to the same ABLE account.

Qualified disability expenses

  • States can offer ABLE accounts to help people who become disabled before age 26 or their families pay for disability-related expenses. These expenses include housing, education, transportation, health, prevention and wellness, employment training and support, assistive technology and personal support services.
  • Though contributions aren't deductible for federal tax purposes, distributions, including earnings, are tax-free to the beneficiary, if they are used to pay qualified disability expenses. 

 

Source: IRS     

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

  

Decoding IRS Transcripts and the New Transcript Format: Part I

Posted by Admin Posted on Oct 12 2021

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Many individuals may not know they can request, receive, and review their tax records via a tax transcript from the IRS at no charge. Transcripts are often used to validate income and tax filing status for mortgage applications, student loans, social services, and small business loan applications and for responding to an IRS notice, filing an amended return, or obtaining a lien release. Transcripts can also be useful to taxpayers when preparing and filing tax returns by verifying estimated tax payments, Advance Child Tax Credits, Economic Income Payments/stimulus payments, and/or an overpayment from a prior year return.

The IRS maintains records for all taxpayers – individuals, businesses, and other entities – and provides five types of transcripts. A requested transcript may provide information regarding the date the IRS received a return; payment history including refunds, transfers between tax years and overpayment credits; balance due amounts; interest assessed; refundable credits allowed; basic examination information; and Forms W-2 or 1099 information.

Taxpayers may be able to get answers to their questions quickly and efficiently by requesting and reviewing their transcript – that is, if they can decipher them. Taxpayers (and tax professionals with a properly executed Form 2848, Power of Attorney, or Form 8821, Tax Information Authorization) can request a transcript online through the IRS’s Get Transcript Online portal or their online accountby mail; or by calling the IRS’s automated phone transcript service at 800-908-9946. With the difficulty reaching the IRS by phone or correspondence during the last two filing seasons, using the portal or online account may be more efficient than calling the IRS due to long wait times, the potential inability to speak with an available customer service representative, or the length of time for the IRS to respond to a mailed transcript request. The IRS’s Get Transcript page is available in five languages, and the online application is also available in Spanish.

What Transcript Should Taxpayers Ask For?

There are several types of transcripts that can meet a taxpayer’s needs.

  • Tax Return Transcript: This shows most items reflected on a taxpayer’s original tax return, including adjusted gross income, and accompanying forms and schedules for the current year and three prior years. This transcript will often be accepted by lending institutions for student loan or mortgage purposes. Note: the secondary spouse on a joint return must use Get Transcript Online or Form 4506-T to request this transcript type. When using Get Transcript by Mail or phone, the primary taxpayer on the return must make the request.
  • Wage and Income Transcript: This provides data from the third-party information statements the IRS has received for a specific taxpayer, such as Forms W-2, 1099, 1098, or 5498, and can be useful if the taxpayer did not receive or retain a copy of these documents. Wage and Income Transcripts are available for up to ten years. While the Wage and Income transcript provides federal withholding amounts, it does not reflect state tax withholdings, which may limit its use when preparing state income tax returns.
  • Tax Account Transcript: This provides basic tax return data (marital status, adjusted gross income, taxable income) along with listing the activity on a tax account, such as tax adjustments, payments, etc., for the current year and up to ten prior years using Get Transcript Online. When using Get Transcript by Mail or phone, taxpayers are limited to the current tax year and returns processed during the prior three years.
  • Record of Account Transcript: This is the most comprehensive transcript. It combines the Tax Return Transcript and the Tax Account Transcript to provide a more complete picture of a taxpayer’s tax return and subsequent account activity for the current year and for returns processed in the three prior years.
  • Verification of Non-Filing Letter: This provides proof that the IRS has no record of a filed Form 1040-series tax return for the year requested. However, it doesn’t indicate whether a taxpayer was required to file a return for that year. This letter is available after June 15 for the current tax year or any time for the prior three tax years using Get Transcript Online.

Another Option: Log in to Your Personal Online Account

Individual taxpayers with an Online Account can immediately access the above transcript options for the current filing year and three prior years and in some cases up to ten years of data. They can also see the total amount owed, balance details by year, payment history and any scheduled or pending payments; key information from the most recent tax return; payment plan details, if the taxpayer has one; digital copies of select notices from the IRS; Economic Impact Payments received, if any; the address on file; and any authorization requests from tax professionals. If taxpayers have not created an online account, this may be the impetus to do so, but be aware many taxpayers are not able to pass the authentication process. The IRS will be updating its authentication process by the end of the year, which is anticipated to reduce the unsuccessful attempts to establish an online account.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:TAS  

The Deductibility of Medical Expenses

Posted by Admin Posted on Oct 12 2021

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Individual taxpayers may be able to claim medical expense deductions on their tax returns. However, the rules can be challenging, and it can be difficult to qualify. Here are six points to keep in mind:

1. You must itemize to claim this deduction. To benefit from itemizing, your total itemized deductions must exceed your standard deduction. Besides medical expenses, itemized deductions may include property taxes, state and local income tax, mortgage interest, charitable donations, etc., subject to various rules and limits.

With the increased standard deduction that’s been available in recent years, far fewer taxpayers are benefitting from itemizing. For 2021, the standard deduction is $25,100 for married couples filing jointly, $18,800 for heads of households and $12,550 for singles.

2. Your expenses must be fairly significant. The medical expense deduction can be claimed only to the extent your eligible costs exceed 7.5% of your adjusted gross income (AGI). Remember, expenses paid via tax-advantaged accounts (such as Flexible Spending Accounts or Health Savings Accounts) or reimbursable by insurance aren’t deductible.

If you’ll benefit from itemizing deductions this year and your year-to-date medical expenses are close to exceeding the 7.5% of AGI “floor,” moving or “bunching” nonurgent medical procedures and other controllable expenses into this year may allow you to exceed the 7.5% floor and benefit from the medical expense deduction. If your expenses already exceed the floor, bunching can increase your deduction.

3. Health insurance premiums may help. This can total thousands of dollars a year. Even if your employer provides health coverage, you can deduct the portion of the premiums that you pay, unless you paid them pre-tax. (Check with your employer if you’re not sure).

Long-term care insurance premiums are also included as medical expenses, subject to limits based on age.

4. Transportation counts. The cost of getting to and from medical treatments counts as a medical expense. This includes taxi fares, public transportation or using your own car.

Car costs can be calculated at 16 cents a mile for miles driven in 2021, plus tolls and parking. Alternatively, you can deduct certain actual costs (such as for gas and oil) that directly relate to your medical transportation.

5. Controllable costs are key. These include the costs of glasses, hearing aids, dental work, mental health counseling and other ongoing expenses in connection with medical needs. Purely cosmetic expenses generally don’t qualify.

Prescription drugs (including insulin) qualify, but over-the-counter medications and vitamins don’t. Neither do amounts paid for treatments that are illegal under federal law (such as medical marijuana), even if state law permits them. The services of therapists and nurses can qualify if they relate to medical conditions and aren’t for general health.

6. Don’t overlook smoking-cessation and weight-loss programs. Amounts paid for participating in smoking-cessation programs and for prescribed drugs designed to alleviate nicotine withdrawal are deductible. However, nonprescription nicotine gum and patches aren’t.

A weight-loss program is deductible if undertaken as treatment for a disease diagnosed by a physician. Deductible expenses include fees paid to join a program and attend periodic meetings. The cost of diet food isn’t deductible.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters    

Being Prepared For An IRS Audit

Posted by Admin Posted on Oct 12 2021

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The IRS recently announced it intends to hire thousands of new employees as part of a tax-enforcement push. This could mean an uptick in audits sometime soon, likely focused on wealthier individuals and business owners. (Some tax returns are chosen randomly as well.)

The best way to survive an IRS audit is to prepare for one in advance. On an ongoing basis, you should systematically maintain documentation (invoices, bills, canceled checks, receipts and other proof) for the items that you report on your tax return. Maintain and back up these records safely. With that said, it also helps to know what might catch the tax agency’s attention.

Audit hot spots

Certain types of tax-return entries are known to the IRS to involve inaccuracies, so they may lead to an audit. One example is significant inconsistencies between tax returns filed in the past and your most current tax return. If you miscalculate deductions or try to claim unusually high ones, your return could be flagged. And if you’re a business owner, gross profit margin or expenses markedly different from those of similar companies could subject you to an audit.

Certain types of deductions, such as auto and travel expense write-offs, may be questioned by the IRS because there are strict recordkeeping requirements involved. In addition, an owner-employee salary that’s inordinately higher or lower than those of similar and similarly located companies can catch the IRS’s eye, especially if the business is a corporation.

Contact methods

The IRS normally has three years within which to conduct an audit, and often an audit doesn’t begin until a year or more after you file a return. If you’re selected for an audit, you’ll be notified by letter. Generally, the IRS doesn’t make initial contact by phone. If there’s no response to the letter, the agency may follow up with a call. Ignore unsolicited email messages about an audit. The IRS doesn’t contact people in this manner; these are scams.

Many audits simply request that you mail in documentation to support certain deductions that you’ve claimed. Others may ask you to provide receipts and other documents to a local IRS office. Only the harshest version, the field audit, requires you to meet personally with one or more IRS auditors.

Keep in mind that the tax agency won’t demand an immediate response to a mailed notice. You’ll be informed of the discrepancies in question and given time to prepare. You’ll need to collect and organize all relevant income and expense records. If any records are missing, you’ll have to reconstruct the information as accurately as possible based on other documentation.

How we can help

If the IRS chooses you for an audit, our firm can help you understand what the IRS is disputing (it’s not always clear) and then gather the documents and information needed. We can also help you respond to the auditor’s inquiries in the most expedient and effective manner.

Above all, don’t panic! Many audits are routine. By taking a meticulous, proactive approach to how you track, document and file your tax-related information, whether for an individual or business return, you’ll make an audit easier and even decrease the chances that one will happen in the first place.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters              

Important Reminders for October 15 Extension Filers

Posted by Admin Posted on Oct 07 2021

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Most taxpayers who requested an extension of time to file for their 2020 federal income tax return will have until Friday, October 15, 2021, to file.

Although October 15 is the last day for most people to file, some taxpayers may have more time. These taxpayers include:

Here are some key reminders for extension filers.

Tax Filing information

Nearly everyone can e-file their tax return for free through IRS Free File. The program is available on IRS.gov now through October 15. E-filing is easy, safe, and the most accurate way for people to file their tax returns. The TAS website has additional information on Free File options and additional information on options for filing a tax return.

Filing when a refund is due: Taxpayers who are able should use direct deposit to get their tax refund electronically deposited into their financial account. If you are filing a paper return, check the Where to File Tax Returns webpage or the Form instructions to determine the correct address for where to mail it.

Paying a tax balance: The deadline to pay 2020 federal income taxes was May 17, 2021. If you did not already make a payment, the best way to pay is online from a checking or savings account with IRS Direct Pay, by debit or credit card (this option has an associated fee), or by Electronic Funds Withdrawal when you e-file.

Those who owe and can’t pay their balance in full should pay as much as they can when they file to reduce interest and penalties. Taxpayers who cannot pay in full should evaluate payment options as soon as possible and choose one to resolve any remaining balance to help avoid or reduce any further potential penalties and interest. The TAS website has additional Get Help information on many topics related to paying taxes.

Taxpayers can always check their account balance, view payments made, view prior tax accounts or view and apply for payment options online. For more information about online accounts, see our TAS Tax Tip: Create an Online Account to view your balances, make payments, get transcripts, and more and the IRS’s Frequently Asked Questions About Online Account.

Missed tax filing deadline

What should taxpayers do about a missed filing deadline? Anyone who did not request an extension by this year’s May 17 deadline or misses the October 15 extension date should file and pay as soon as possible. (See the ‘Filing’ section above for more filing related information.) This will stop additional interest and penalties from accruing. See Filing Past Due Tax Returns for more information.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS         

WHAT DO I NEED TO INCLUDE IN A GOOD LOAN PROPOSAL?

Posted by Admin Posted on Sept 28 2021

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The following main points should be contained in a good loan proposal:

GENERAL INFORMATION        

  • Reason for the loan: the exact purpose of the loan and why it is necessary.
  • Amount needed: the specific amount needed to reach your goal.
  • Business name and address, names of officers and their social security numbers.

DESCRIPTION OF BUSINESS

  • Describe the type of business you have, its age, current business assets, and number of employees.
  • Structure of ownership: describe the legal structure of the company.

MANAGEMENT PROFILE

  • Prepare a short statement that is focused on each principal in your business; give details about education, background, accomplishments and skills.

MARKET INFORMATION

  • State clearly the products of your company as well as its markets. Name the competition and explain how you plan to compete in the market. Describe what the business will do to satisfy the needs of its customers.

FINANCIAL INFORMATION

  • Submit your own personal financial statements as well as those of the principal business owners.
  • Financial statements: the income statements and balance sheets for the past three years. If you have a new business, provide the projected balance sheet and income statement.
  • Specify the collateral that you are able and willing to give as security for the loan.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

Newly expanded ‘Closing a Business’ information provides step-by-step actions

Posted by Admin Posted on Sept 28 2021

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Closing your business can be a difficult and challenging task. The Taxpayer Advocate Service (TAS) partnered with IRS to expand its Closing a Business page to help business owners understand the specific actions needed, from a federal tax perspective, for each type of business.

However, before you make the decision to close, if it is due to financial reasons related to the coronavirus, please use TAS’s COVID-19 Business Tax Relief Tool to see if you qualify for new employer tax credits that may help you stay in business. Read more about the benefits of this tool before you try.

If ultimately you do need to close your business, whether you have a sole proprietorship, partnership or corporation, the information on this page will help you understand:

  • What forms you need to file;
  • How to report the income you receive; and,
  • How to claim the expenses you incur before closing your business.

Remember to also check your state responsibilities when closing a business.

TAS Resources

Taxpayer Advocate Service Help

The Taxpayer Advocate Service (TAS) is uniquely positioned to assist all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. If you qualify for our help, an advocate will be with you at every turn and do everything possible to assist through the process.

Currently, TAS is open to virtually serve taxpayers who find themselves in hardship situations or dealing with IRS tax problems they’ve been unable to resolve directly with the IRS. Visit our Contact Us page to learn more.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial  tatements, please give us a call at 305-274-5811.                                   

Source : TAS 

The Right to Quality Service

Posted by Admin Posted on Sept 28 2021

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Taxpayers have the right to receive prompt, courteous, and professional assistance in their dealings with the IRS, to be spoken to in a way they can easily understand, to receive clear and easily understandable communications from the IRS, and to have a way to file complaints about inadequate service.

What This Means for You

  • The IRS must include information about your right to Taxpayer Advocate Service (TAS) assistance, and how to contact TAS, in all notices of deficiency. IRC § 6212(a)
  • When collecting tax, the IRS should treat you with courtesy. Generally, the IRS should only contact you between 8 a.m. and 9 p.m. The IRS should not contact you at your place of employment if the IRS knows or has reason to know that your employer does not allow such contacts. IRC § 6304
  • If you are an individual taxpayer eligible for Low Income Taxpayer Clinic (LITC) assistance (generally your income is at or below 250% of the federal poverty level), the IRS may provide information to you about your eligibility for assistance from an LITC. IRC § 7526

For more information, see IRS Publication 4134, Low Income Taxpayer Clinic List. Or find an LITC near you.

  • Certain notices written by the IRS must contain the name, phone number, and identifying number of the IRS employee, and all notices must include a telephone number that the taxpayer may contact. During a phone call or in-person interview, the IRS employee must provide you with his or her name and ID number. RRA 98 § 3705(a)
  • The IRS is required to publish the local address and phone number of the IRS in local phone books. RRA 98 § 3709

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                  

Source: TAS 

WHAT ARE THE ADVANTAGES OF PREPAYING A MORTGAGE, AND SHOULD I IF I CAN?

Posted by Admin Posted on Sept 28 2021

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It is highly recommended that you prepay as much of your mortgage as possible every month, which will drastically reduce the total amount that you pay.

However, there are times where this could be disadvantageous.

If you are in a situation where you don't have funds to cover three to six months of expenses, it is recommended that you save that amount before you pay additional amounts on your mortgage.

If you have a large amount of credit card debt, over the long run, you will save more money by knocking down those high interest loans first.

There also may be times where that money would be more wisely invested in the market, depending on the expected rate of return versus how much you would save in early payments.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

REFINANCING YOUR HOME

Posted by Admin Posted on Sept 28 2021

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Taxpayers who refinanced their homes may be eligible to deduct some costs associated with their loans.

Generally, for taxpayers who itemize, the “points” paid to obtain a home mortgage may be deductible as mortgage interest. Points paid to obtain an original home mortgage can be, depending on circumstances, fully deductible in the year paid. However, points paid solely to refinance a home mortgage usually must be deducted over the life of the loan.

For a refinanced mortgage, the interest deduction for points is determined by dividing the points paid by the number of payments to be made over the life of the loan. This information is usually available from lenders. Taxpayers may deduct points only for those payments made in the tax year. For example, a homeowner who paid $2,000 in points and who would make 360 payments on a 30-year mortgage could deduct $5.56 per monthly payment, or a total of $66.72 if he or she made 12 payments in one year.

However, if part of the refinanced mortgage money was used to finance improvements to the home and if the taxpayer meets certain other requirements, the points associated with the home improvements may be fully deductible in the year the points were paid. Also, if a homeowner is refinancing a mortgage for a second time, the balance of points paid for the first refinanced mortgage may be fully deductible at pay off.

Other closing costs — such as appraisal fees and other non-interest fees — generally are not deductible. Additionally, the amount of Adjusted Gross Income can affect the amount of deductions that can be taken.  Please contact us if you've recently refinanced, and we can be a big help!

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

WHAT CAN I DO TO ENSURE THAT I AM INSURED ADEQUATELY?

Posted by Admin Posted on Sept 28 2021

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Make a list of your possessions in your household. The better documented this is the more likely you will be to be able to replace them.

Make sure that you inform your agents of any changes that you make to the home so that if anything happens to the structure, the recent changes will be reflected in the payout.

Check to see if there are any specific limits to what is insured by your company. Sometimes a person may think they are covered for certain things, but the limits negate that.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters  

LIVING THE DREAM OF EARLY RETIREMENT

Posted by Admin Posted on Sept 28 2021

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Many people dream of retiring early so they can pursue activities other than work, such as volunteering, traveling and pursuing their hobbies full-time. But making this dream a reality requires careful planning and diligent saving during the years leading up to the anticipated retirement date.

It all starts with retirement savings accounts such as IRAs and 401(k)s. Among the best ways to retire early is to build up these accounts as quickly as possible by contributing the maximum amount allowed by law each year.

From there, consider other potential sources of retirement income, such as a company pension plan. If you have one, either under a past or current employer, research whether you can receive benefits if you retire early. Then factor this income into your retirement budget.

Of course, you’re likely planning on Social Security benefits composing a portion of your retirement income. If so, keep in mind that the earliest you can begin receiving Social Security retirement benefits is age 62 (though waiting until later may allow you to collect more).

The flip side of saving up enough retirement income is reducing your living expenses during retirement. For example, many people strive to pay off their home mortgages early, which can possibly free up enough monthly cash flow to make early retirement feasible.

By saving as much money as you can in your retirement savings accounts, carefully planning your Social Security strategies and cutting your living expenses in retirement, you just might be able to make this dream a reality. 

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: Thomson Reuters           

-Important information you need to know about refunds

Posted by Admin Posted on Sept 28 2021

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Planning for a refund this year? Use these tax tips and find out what you need to know and understand about tax refund timing, when you could receive it and why you may only get part or none at all.

General Information

Different factors can affect the timing of a refund. The IRS and partners in the tax industry continue to strengthen tax security reviews to help protect against identity theft and refund fraud.

While some tax returns require additional review and take longer to process than others, it may be necessary when a return has errors, is incomplete or is affected by identity theft or fraud. A refund delay can happen when the IRS must contact you by mail to request additional information needed to process your tax return.

Generally, the IRS issues most refunds in less than 21 days. However, if information from reporting sources such as your employer, your bank or others is not received timely when the IRS cross-checks your data, it can delay the issuance of your refund.
 

Direct deposit is the fastest way to get your refund. Simply request it in the software you are using or add your bank routing information to your paper return.

The quickest and easiest way to track your refund is to use the Where's My Refund? ‎tool on IRS.gov or download the IRS2Go app on your mobile device. You can also check the IRS’s What to Expect for Refunds web page for answers to frequently asked questions. The IRS “When Will I Get My Refund? video provides details on what info you’ll need to check your refund status.

Delayed Release

Refund timing for Earned Income Tax Credit (EITC) and Additional Child Tax Credit (ACTC) filers is different than from anyone else. By law, neither the IRS nor the Taxpayer Advocate Service can release refunds related to these tax returns until after mid-February.

Generally, the earliest EITC/ACTC related refunds are available in taxpayer bank accounts or on debit cards by the first week of March, if you chose direct deposit and there are no other issues with the tax return. If there are other items that need addressing, the refund may be delayed further.

If you claim these two tax credits, you should know that you won’t see the status of your refund on Where's My Refund?, the IRS2Go app or through tax software packages until at least the end of February.

Certain Past-due Debts Can Reduce Refunds

By law, the Department of Treasury's Bureau of the Fiscal Service (BFS) issues IRS tax refunds and conducts the Treasury Offset Program (TOP). BFS may reduce a taxpayer’s refund and offset all or part of the refund to pay past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support or other federal nontax debts, such as student loans.

BFS will reduce the refund to pay off the debt owed and send a notice to the taxpayer if a refund offset occurs. Any portion of the remaining refund after offset is issued in a check or direct deposited to you as originally requested on your tax return.
 

Separate from the TOP, refund amounts may also be adjusted due to changes the IRS made to the tax return.

For more information on any of these refund offset possibilities, including lost or stolen refunds, see our website’s Get Help tax topic pages.

Financial Hardship

Have you tried to get your refund, and now are having financial hardship? There are certain types of issues where the IRS itself can generally provide the service you need, without our involvement.

However, if you've contacted the IRS and tried to get your refund unsuccessfully, unless it is because of a law, and not having the refund is causing you a financial hardship, the Taxpayer Advocate Service may be able to help. Our priority is always helping the taxpayers who need us most, so you may need to provide evidence to support your hardship claim in order to request an expedited refund.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source : TAS   

WHY SHOULD I HAVE LIFE INSURANCE? DO I REALLY NEED IT?

Posted by Admin Posted on Sept 28 2021

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The main reason that people purchase life insurance is to know that in the event of their passing, their children and loved ones will be taken care of. Life insurance can also help with the distribution of your estate. Your payout could go to family, charity, or wherever you choose to distribute it.

The main reasons to buy life insurance would be because you have dependents that would be put in a tough position without you providing for them. For example, if you have a spouse, a child, or a parent who is dependent on your income, you should have life insurance.

If you have a spouse and young children, you will need more insurance than someone with older children, because they will be dependents for a longer amount of time than older children. If you are in a position where you and your spouse both earn for the family, then you should both be insured in proportion to the incomes that you garner.

If you have a spouse and older children or no children, you will still want to have life insurance, but you won't need the same level of insurance as in the first example, just enough to ensure that your spouse will be provided for, to cover your burial expenses, and to settle the debts that you have accumulated.

If you don't have children or a spouse, you will only need enough insurance to make sure that your burial expenses are covered, unless you would like to have an insurance policy in order to help in the distribution of your estate.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

Small business owners should see if they qualify for the home office deduction

Posted by Admin Posted on Sept 21 2021

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Many Americans have been working from home due to the pandemic, but only certain people will qualify to claim the home office deduction. This deduction allows qualifying taxpayers to deduct certain home expenses on their tax return when they file their 2021 tax return next year.

Here are some things to help taxpayers understand the home office deduction and whether they can claim it:

Employees are not eligible to claim the home office deduction.

  • The home office deduction, reported on Form 8829, is available to both homeowners and renters.
  • There are certain expenses taxpayers can deduct. They include mortgage interest, insurance, utilities, repairs, maintenance, depreciation and rent.
  • Taxpayers must meet specific requirements to claim home expenses as a deduction. Even then, the deductible amount of these types of expenses may be limited.
  • The term "home" for purposes of this deduction:
    • Includes a house, apartment, condominium, mobile home, boat or similar property which provide basic living accommodations.
    • A separate structure on the property such as an unattached garage, studio, barn or greenhouse.
      • Any portion of a home used exclusively as a hotel, motel, inn or similar establishment does NOT qualify as a "home" and, therefore, does not qualify for a home office deduction.
  • Generally, there are two basic requirements for the taxpayer's home to qualify as a deduction:
    • There must be exclusive use of a portion of the home for conducting business on a regular basis. For example, a taxpayer who uses an extra room to run their business can take a home office deduction only for that extra room so long as it is used both regularly and exclusively in the business.
    • The home must be the taxpayer's principal place of business. A taxpayer can also meet this requirement if administrative or management activities are conducted at the home and there is no other location to perform these duties. Therefore, someone who conducts business outside of their home but also uses their home to conduct business may still qualify for a home office deduction.
      • A portion of a home that is used exclusively for conducting business on a regular basis but not used as the principal place of business, will qualify for a home office deduction if either patients, clients or customers are met in the home or there is a separate structure that is used exclusively for conducting business on a regular basis.
  • Taxpayers who qualify may choose one of two methods to calculate their home office expense deduction:
    • Using the simplified method consisting of a rate of $5 per square foot for business use of the home which is limited to a maximum size of 300 square feet and a maximum deduction $1,500.
    • Using the regular method whereby deductions for a home office are based on the percentage of the home devoted to business use. Any use a whole room or part of a room for conducting their business will involve figuring out the percentage of the home used for business activities to deduct indirect expenses. Direct expenses are deducted in full.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS   

WHICH IS BETTER, BUYING OR LEASING MY NEXT CAR?

Posted by Admin Posted on Sept 21 2021

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It depends on factors such as 1) what kind of deal you can make with the dealership, 2) the typical mileage you put on your car, 3) how much you wear down a car, and 4) the primary use for the car.

To determine whether leasing or buying is best, compare the costs and other issues involved in a lease or purchase. The following factors should be considered:

  • Beginning costs
  • Continual costs
  • Total costs
  • Is there a possibility of deduction of any of the costs due to the car being used for business?
  • How important is it to have ownership of the car

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

BUSINESS OR HOBBY?

Posted by Admin Posted on Sept 21 2021

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It is generally accepted that people prefer to make a living doing something they like. A hobby is an activity for which you do not expect to make a profit. If you do not carry on your business or investment activity to make a profit, there is a limit on the deductions you can take. You must include on your return income from an activity from which you do not expect to make a profit. An example of this type of activity is a hobby or a farm you operate mostly for recreation and pleasure. You cannot use a loss from the activity to offset other income. Activities you do as a hobby, or mainly for sport or recreation, come under this limit. So does an investment activity intended only to produce tax losses for the investors.

The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. For additional information on these entities, refer to business structures. It does not apply to corporations other than S corporations. In determining whether you are carrying on an activity for profit, all the facts are taken into account. No one factor alone is decisive. Among the factors to consider are whether:

  • You carry on the activity in a business-like manner,
  • The time and effort you put into the activity indicate you intend to make it profitable,
  • You depend on income from the activity for your livelihood,
  • Your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business),
  • You change your methods of operation in an attempt to improve profitability,
  • You, or your advisors, have the knowledge needed to carry on the activity as a successful business,
  • You were successful in making a profit in similar activities in the past,
  • The activity makes a profit in some years, and
  • You can expect to make a future profit from the appreciation of the assets used in the activity.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

 

IRS reminds business owners to correctly identify workers as employees or independent contractors

Posted by Admin Posted on Sept 21 2021

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The Internal Revenue Service reminds business owners that it's critical to correctly determine whether the individuals providing services are employees or independent contractors.

An employee is generally considered to be anyone who performs services, if the business can control what will be done and how it will be done. What matters is that the business has the right to control the details of how the worker's services are performed. Independent contractors are normally people in an independent trade, business or profession in which they offer their services to the public. Doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers or auctioneers are generally independent contractors.

Independent contractor vs. employee

Whether a worker is an independent contractor or an employee depends on the relationship between the worker and the business. Generally, there are three categories to examine:

  • Behavioral Control − Does the company control or have the right to control what the worker does and how the worker does the job?
  • Financial Control − Does the business direct or control the financial and business aspects of the worker's job. Are the business aspects of the worker's job controlled by the payer? (Things like how the worker is paid, are expenses reimbursed, who provides tools/supplies, etc.)
  • Relationship of the Parties − Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Misclassified worker 

Misclassifying workers as independent contractors adversely affects employees because the employer's share of taxes is not paid, and the employee's share is not withheld. If a business misclassified an employee without a reasonable basis, it could be held liable for employment taxes for that worker. Generally, an employer must withhold and pay income taxes, Social Security and Medicare taxes, as well as unemployment taxes. Workers who believe they have been improperly classified as independent contractors can use IRS Form 8919, Uncollected Social Security and Medicare Tax on Wages to figure and report their share of uncollected Social Security and Medicare taxes due on their compensation.

Voluntary Classification Settlement Program

The Voluntary Classification Settlement Program (VCSP) is an optional program that provides taxpayers with an opportunity to reclassify their workers as employees for future tax periods for employment tax purposes with partial relief from federal employment taxes for eligible taxpayers that agree to prospectively treat their workers (or a class or group of workers) as employees. Taxpayers must meet certain eligibility requirements, apply by filing Form 8952, Application for Voluntary Classification Settlement Program, and enter into a closing agreement with the IRS.

Who is self-employed?

Generally, someone is self-employed if any of the following apply to them.

Self-employed individuals generally are required to file an annual tax return and pay estimated tax quarterly. They generally must pay self-employment tax (Social Security and Medicare tax) as well as income tax. Self-employed taxpayers may be able to claim the home office deduction if they use part of a home for business.

What about the gig economy?

The gig economy − also called sharing economy or access economy−is activity where people earn income providing on-demand work, services or goods. Gig economy income must be reported on a tax return, even if the income is: from part-time, temporary or side work; not reported on a Form 1099-K, 1099-MISC, W-2 or other income statement; or paid in any form, including cash, property, goods or virtual currency.

Help spread the word - Advance Child Tax Credit

The IRS encourages employers to help get the word out about the advance payments of the Child Tax Credit during Small Business Week. Employers have direct access to many who may receive this credit. More information on the Advance Child Tax Credit is available on IRS.gov. The website has tools employers can use to deliver this information, including e-posters, drop-in articles (for paycheck stuffers, newsletters) and social media posts to share.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source : IRS     

 

Here’s how taxpayers can rebuild records after a natural disaster

Posted by Admin Posted on Sept 08 2021

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After a natural disaster, taxpayers need records to help them prove and recover disaster-related losses. This may be for tax purposes, getting support from federal assistance program or for insurance claims.

While personal or business property may have been destroyed, all hope is not lost. Here are some steps that can help people reconstruct important records.

Tax records

  • Get free tax return transcripts immediately using Get Transcript on IRS.gov.
  • Order transcripts by calling 800-908-9946 and following the prompts.

Financial statements

People can gather past statements from their credit card company or bank. These records may be available online. People can also contact their bank to get paper copies of these statements.

Property records

  • To get documents related to property, homeowners can contact the title company, escrow company or bank that handled the purchase of their home or other property.
  • Taxpayers who made home improvements can get in touch with the contractors who did the work and ask for statements to verify the work and cost. They can also get written descriptions from friends and relatives who saw the house before and after any improvements.
  • For inherited property, taxpayers can check court records for probate values. If a trust or estate existed, taxpayers can contact the attorney who handled the trust.
  • When no other records are available, people should check the county assessor's office for old records that might address the value of the property.
  • Car owners can research the current fair-market value for most vehicles. Resources are available online and at most libraries. These include Kelley's Blue Book, the National Automobile Dealers Association and Edmunds.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS      

Retirement and taxes: Understanding IRAs

Posted by Admin Posted on Sept 08 2021

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Individual Retirement Arrangements, or IRAs, provide tax incentives for people to make investments that can provide financial security for their retirement. These accounts can be set up with a bank or other financial institution, a life insurance company, mutual fund or stockbroker.

Here's a basic overview to help people better understand this type of retirement savings account.

  • Contribution. The money that someone puts into their IRA. There are annual limits to contributions depending on their age and the type of IRA. Generally, a taxpayer or their spouse must have earned income to contribute to an IRA.
     
  • Distribution. The amount that someone withdraws from their IRA.
     
  • Withdraws. Taxpayers may face a 10% penalty and a tax bill if they withdraw money before age 59 ½, unless they qualify for an exception.
     
  • Required distribution. There are requirements for withdrawing from an IRA:
  • Someone generally must start taking withdrawals from their IRA when they reach age 70½.
  • Per the 2019 SECURE Act, if a person's 70th birthday is on or after July 1, 2019, they do not have to take withdrawals until age 72.
  • Special distribution rules apply for IRA beneficiaries.
     
  • Traditional IRA. An IRA where contributions may be tax-deductible. Generally, the amounts in a traditional IRA are not taxed until they are withdrawn.
     
  • Roth IRA. This type of IRA that is subject to the same rules as a traditional IRA but with certain exceptions:
  • A taxpayer cannot deduct contributions to a Roth IRA.
  • Qualified distributions are tax-free.
  • Roth IRAs do not require withdrawals until after the death of the owner.
     
  • Savings Incentive Match Plan for Employees. This is commonly known as a SIMPLE IRA. Employees and employers may contribute to traditional IRAs set up for employees. It may work well as a start-up retirement savings plan for small employers.
     
  • Simplified Employee Pension. This is known as a SEP-IRA. An employer can make contributions toward their own retirement and their employees' retirement. The employee owns and controls a SEP.
     
  • Rollover IRA. This is when the IRA owner receives a payment from their retirement plan and deposits it into a different IRA within 60 days.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source : IRS        

September is National Preparedness Month; IRS urges taxpayers to prepare for natural disasters

Posted by Admin Posted on Sept 08 2021

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WASHINGTON — September is National Preparedness Month. With the height of hurricane season fast approaching and the ongoing threat of wildfires in some parts of the country, the Internal Revenue Service reminds everyone to develop an emergency preparedness plan.

All taxpayers, from individuals to organizations and businesses, should take time now to create or update their emergency plans.

Taxpayers can begin getting ready for a disaster with a preparedness plan that includes securing and duplicating essential tax and financial documents, creating lists of property and knowing where to find information once a disaster has occurred. Securing this information can help in the aftermath of a disaster, and it can help people more quickly take advantage of disaster relief available from the IRS.

Start secure

Taxpayers should keep critical original documents inside waterproof containers in a secure space. Documents such as tax returns, birth certificates, deeds, titles and insurance policies should also be duplicated and kept with a trusted person outside the area a natural disaster may affect.

Make copies

If original documents are available only on paper, taxpayers can use a scanner and save them on a USB flash drive, CD or in the cloud, which provide security and easy portability.

Document valuables

After a disaster hits, photographs and videos of a home or business's contents can help support claims for insurance or tax benefits. All property, especially expensive and high- value items, should be recorded. The IRS disaster-loss workbooks can help individuals and businesses compile lists of belongings or business equipment.

Employer fiduciary bonds

Employers using payroll service providers should check if their provider has a fiduciary bond in place to protect the employer in the event of a default by provider. Employers are encouraged to create an Electronic Federal Tax Payment System account at EFTPS.gov to monitor their payroll tax deposits and receive email alerts.

Know where to go

Reconstructing records after a disaster may be required for tax purposes, getting federal assistance or insurance reimbursement. Find out if financial institutions provide statements and documents electronically. Taxpayers who have lost some or all of their records during a disaster should visit IRS' Reconstructing Records webpage.

IRS is ready to help

Taxpayers living in a federally declared disaster can visit the IRS Tax Relief in Disaster Situations webpage or Around the Nation on IRS.gov and check for the available disaster tax relief. The IRS automatically identifies taxpayers located in the covered disaster area and applies filing and payment relief. Affected taxpayers can call 866-562-5227 to speak with an IRS specialist trained to handle disaster-related issues.

A taxpayer impacted by a disaster outside of a federally-declared disaster area may qualify for disaster relief. This includes taxpayers who are not physically located in a disaster area, but whose records necessary to meet a filing or payment deadline postponed during the relief period are located in a covered disaster area.

For more information about National Preparedness Month, visit Ready.gov/september.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS    

Taxpayers can protect themselves from scammers by knowing how the IRS communicates

Posted by Admin Posted on Sept 08 2021

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If the IRS does call a taxpayer, it should not be a surprise because the agency will generally send a notice or letter first. Understanding how the IRS communicates can help taxpayers protect themselves from scammers who pretend to be from the IRS with the goal of stealing personal information.

Here are some facts about how the IRS communicates with taxpayers:

  • The IRS doesn't normally initiate contact with taxpayers by email. Do not reply to an email from someone who claims to be from the IRS because the IRS email address could be spoofed or fake. Emails from IRS employees will end in IRS.gov.
  • The agency does not send text messages or contact people through social media. Fraudsters will impersonate legitimate government agents and agencies on social media and try to initiate contact with taxpayers.
  • When the IRS needs to contact a taxpayer, the first contact is normally by letter delivered by the U.S. Postal Service. Debt relief firms send unsolicited tax debt relief offers through the mail. Fraudsters will often claim they already notified the taxpayer by U.S. Mail.
  • Depending on the situation, IRS employees may first call or visit with a taxpayer. In some instances, the IRS sends a letter or written notice to a taxpayer in advance, but not always. Taxpayers can search IRS notices by visiting Understanding Your IRS Notice or Letter. However, not all IRS notices are searchable on that site and just because someone references an IRS notice in email, phone call, text, or social media, does not mean the request is legitimate.
  • IRS revenue agents or tax compliance officers may call a taxpayer or tax professional after mailing a notice to confirm an appointment or to discuss items for a scheduled audit. The IRS encourages taxpayers to review, How to Know it's Really the IRS Calling or Knocking on Your Door: Collection.
  • Private debt collectors can call taxpayers for the collection of certain outstanding inactive tax liabilities, but only after the taxpayer and their representative have received written notice. Private debt collection should not be confused with debt relief firms who will call, send lien notices via U.S. Mail, or email taxpayers with debt relief offers. Taxpayers should contact the IRS regarding filing back taxes properly.
  • IRS revenue officers and agents routinely make unannounced visits to a taxpayer's home or place of business to discuss taxes owed, delinquent tax returns or a business falling behind on payroll tax deposits. IRS revenue officers will request payment of taxes owed by the taxpayer. However, taxpayers should remember that payment will never be requested to a source other than the U.S. Treasury.
  • When visited by someone from the IRS, the taxpayers should always ask for credentials. IRS representatives can always provide two forms of official credentials: a pocket commission and a Personal Identity Verification Credential.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source  : IRS       

Energize tax savings with an EV credit

Posted by Admin Posted on Sept 08 2021

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Electric vehicles (EVs) are increasing in popularity all the time — and more of them are qualifying for a federal tax credit. In fact, the IRS added several more eligible models over the summer.

The tax code provides a credit to buyers of qualifying plug-in electric drive motor vehicles, including passenger vehicles and light trucks. The credit is equal to $2,500 plus an additional amount, based on battery capacity, that can’t exceed $5,000. Therefore, the maximum credit allowed for a qualifying EV is $7,500.

EV definition

For purposes of the tax credit, a qualifying vehicle is defined as one with four wheels that’s propelled to a significant extent by an electric motor, which draws electricity from a battery. The battery must have a capacity of not less than four kilowatt hours and be capable of being recharged from an external source of electricity.

However, depending on the EV you purchase, the credit may not be available because of a per-manufacturer cumulative sales limitation. Specifically, it phases out over six quarters beginning when a manufacturer has sold at least 200,000 qualifying vehicles for use in the United States (determined on a cumulative basis for sales after December 31, 2009). For example, Tesla and General Motors vehicles are no longer eligible for the tax credit.

The IRS provides a list of qualifying vehicles on its website and, as mentioned, recently added more eligible models. You can access the list here: https://bit.ly/2Yrhg5Z. Additional points

There are some additional points about the plug-in EV tax credit to keep in mind. It’s allowed only in the year you place the vehicle in service, and the vehicle must be new. Also, an eligible vehicle must be used predominantly in the United States and have a gross weight of less than 14,000 pounds.

There’s a separate 10% federal income tax credit for the purchase of qualifying electric two-wheeled vehicles manufactured primarily for use on public thoroughfares and capable of at least 45 miles per hour (in other words, electric-powered motorcycles). It can be worth up to $2,500. This electric motorcycle credit was recently extended to cover qualifying 2021 purchases.

Basic rules

These are only the basic rules. There may be additional incentives provided by your state. Contact us if you’d like to receive more information about the federal plug-in EV tax break.

 

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters 

Which business website costs are deductible?

Posted by Admin Posted on Sept 08 2021

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Every business needs a website, but it’s not always easy to determine which costs of running one are deductible. Fortunately, established rules that generally apply to the deductibility of more long-standing business costs provide business owners with a basic idea of how to anticipate and handle the tax impact of a website. And the IRS has issued guidance that applies to software costs.

Hardware considerations

Hardware costs generally fall under the standard rules for depreciable equipment. Specifically, once website-related assets are up and running, you can deduct 100% of the cost in the first year they’re placed in service (before 2023). This favorable treatment is allowed under the 100% first-year bonus depreciation break.

In later years, you can probably deduct 100% of these costs in the year the assets are placed in service under the Section 179 first-year depreciation expensing privilege. However, Sec. 179 deductions are subject to several limitations.

For the 2021 tax year, the maximum Sec. 179 deduction is $1.05 million, subject to a phaseout rule. Under the rule, the deduction is phased out if more than a specified amount of qualified property is placed in service during the year. The threshold amount for 2021 is $2.62 million.

There’s also a taxable income limit. Under it, your Sec. 179 deduction can’t exceed your business taxable income. In other words, Sec. 179 deductions can’t create or increase an overall tax loss. However, any Sec. 179 deduction amount that you can’t immediately deduct is carried forward and can be deducted in later years (to the extent permitted by the applicable limits).

Software issues

Similar rules apply to off-the-shelf software that you buy for your business. However, software license fees are treated differently from purchased software costs for tax purposes. Payments for leased or licensed software used for your website are currently deductible as ordinary and necessary business expenses.

An alternative position is that your software development costs are currently deductible research and development costs under the tax code. To qualify for this treatment, the costs must be paid or incurred by December 31, 2022. A more conservative approach would be to capitalize the costs of internally developed software. Then you would depreciate them over 36 months.

If your website is primarily for advertising, you can also currently deduct internal website software development costs as ordinary and necessary business expenses.

Are you paying a third party for software to run your website? This is commonly referred to as “software as a service.” In general, payments to third parties are currently deductible as ordinary and necessary business expenses.

Still important

So much of business today seems to happen in virtual places other than your website — such as social media, apps and teleconferencing calls. Nonetheless, a central website where you can provide a solid overview of your company is still important. We can help you determine the appropriate tax treatment of website costs.

 

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters          

Interest rates remain the same for the fourth quarter 2021

Posted by Admin Posted on Sept 08 2021

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WASHINGTON — The Internal Revenue Service announced that interest rates will remain the same for the calendar quarter beginning October 1, 2021. The rates will be:

  • 3% for overpayments (2% in the case of a corporation);
     
  • 0.5 % for the portion of a corporate overpayment exceeding $10,000;
     
  • 3% percent for underpayments; and
     
  • 5% percent for large corporate underpayments.

Under the Internal Revenue Code, the rate of interest is determined on a quarterly basis. For taxpayers other than corporations, the overpayment and underpayment rate is the federal short-term rate plus 3 percentage points.

Generally, in the case of a corporation, the underpayment rate is the federal short-term rate plus 3 percentage points and the overpayment rate is the federal short-term rate plus 2 percentage points. The rate for large corporate underpayments is the federal short-term rate plus 5 percentage points. The rate on the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the federal short-term rate plus one-half (0.5) of a percentage point.

The interest rates announced today are computed from the federal short-term rate determined during July 2021 to take effect August 1, 2021, based on daily compounding.

Revenue Ruling 2021-17, announcing the rates of interest, will appear in Internal Revenue Bulletin 2021-37, dated September 13, 2021.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source : IRS       

IRS: Tax relief now available to victims of Hurricane Ida; Oct. 15 deadline, other dates extended to Jan. 3

Posted by Admin Posted on Sept 08 2021

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WASHINGTON — Victims of Hurricane Ida that began on August 26 now have until January 3, 2022, to file various individual and business tax returns and make tax payments, the Internal Revenue Service announced today.

The IRS is offering this relief to any area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual or public assistance. Currently this includes the entire state of Louisiana, but taxpayers in Ida-impacted localities designated by FEMA in neighboring states will automatically receive the same filing and payment relief. The current list of eligible localities is always available on the disaster relief page on IRS.gov.

"During this difficult time, the IRS stands ready to help victims of Hurricane Ida," said IRS Commissioner Chuck Rettig. "We want people affected by this devastating hurricane focused on their safety and recovery for themselves and their families. To provide assistance now and in the weeks ahead, we have a variety of different types of relief available to help people and businesses affected by this disaster."

The tax relief postpones various tax filing and payment deadlines that occurred starting on August 26, 2021. As a result, affected individuals and businesses will have until January 3, 2022, to file returns and pay any taxes that were originally due during this period. This means individuals who had a valid extension to file their 2020 return due to run out on October 15, 2021, will now have until January 3, 2022, to file. The IRS noted, however, that because tax payments related to these 2020 returns were due on May 17, 2021, those payments are not eligible for this relief.

The January 3, 2022 deadline also applies to quarterly estimated income tax payments due on September 15, 2021, and the quarterly payroll and excise tax returns normally due on November 1, 2021. It also applies to tax-exempt organizations, operating on a calendar-year basis, that had a valid extension due to run out on November 15, 2021. Businesses with extensions also have the additional time including, among others, calendar-year corporations whose 2020 extensions run out on October 15, 2021.

In addition, penalties on payroll and excise tax deposits due on or after August 26 and before September 10, will be abated as long as the deposits are made by September 10, 2021.

The IRS disaster relief page has details on other returns, payments and tax-related actions qualifying for the additional time.

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. Therefore, taxpayers do not need to contact the agency to get this relief. However, if an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date falling within the postponement period, the taxpayer should call the number on the notice to have the penalty abated.

In addition, the IRS will work with any taxpayer who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area. Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227. This also includes workers assisting the relief activities who are affiliated with a recognized government or philanthropic organization.

Individuals and businesses in a federally declared disaster area who suffered uninsured or unreimbursed disaster-related losses can choose to claim them on either the return for the year the loss occurred (in this instance, the 2021 return normally filed next year), or the return for the prior year (2020). Be sure to write the FEMA declaration number – 4611 − for Hurricane Ida in Louisiana on any return claiming a loss. See Publication 547 for details.

The tax relief is part of a coordinated federal response to the damage caused by Hurricane Ida and is based on local damage assessments by FEMA. For information on disaster recovery, visit DisasterAssistance.gov.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS       

Taxpayers should be on the lookout for new version of SSN scam

Posted by Admin Posted on Aug 24 2021

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Taxpayers should be on the lookout for new variations of tax-related scams. In the latest twist on a scam related to Social Security numbers, scammers claim to be able to suspend or cancel the victim’s SSN. It’s yet another attempt by con artists to frighten people into returning ‘robocall’ voicemails.

Scammers may mention overdue taxes in addition to threatening to cancel the person’s SSN. If taxpayers receive a call threatening to suspend their SSN for an unpaid tax bill, they should just hang up.

Make no mistake…it’s a scam.

Taxpayers should not give out sensitive information over the phone unless they are positive they know the caller is legitimate. When in doubt –hang up. Here are some telltale signs of this scam. The IRS and its authorized private collection agencies will never:

  • Call to demand immediate payment using a specific payment method such as a prepaid debit card, iTunes gift card or wire transfer. The IRS does not use these methods for tax payments.
  • Ask a taxpayer to make a payment to a person or organization other than the U.S. Treasury.
  • Threaten to immediately bring in local police or other law-enforcement groups to have the taxpayer arrested for not paying.
  • Demand taxes be paid without giving the taxpayer the opportunity to question or appeal the amount owed.

Taxpayers who don’t owe taxes and have no reason to think they do should:

Taxpayers who owe tax or think they do should:

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS          

Know the Nuances of the Nanny Tax

Posted by Admin Posted on Aug 24 2021

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Many families hire household workers to care for their children, their home or their outdoor spaces. If you’re among them, be sure you know the nuances of the “nanny tax.”

Withholding taxes

For federal tax purposes, a household worker is anyone who does household work for you and isn’t an independent contractor. Common examples include child care providers, housekeepers and gardeners.

If you employ such a person, you aren’t required to withhold federal income taxes from the individual’s pay unless the worker asks you to and you agree. In that case, the worker would need to complete a Form W-4. However, you may have other withholding and payment obligations.

You must withhold and pay Social Security and Medicare taxes, otherwise known as “FICA” taxes, if your worker earns cash wages of $2,300 or more (excluding food and lodging) during 2021. If you reach the threshold, all wages (not just the excess) are subject to FICA taxes.

Employers are responsible for withholding the worker’s share and must pay a matching employer amount. The Social Security tax portion of FICA taxes is 6.2% for both the employer and the worker (12.4% total). Medicare tax is 1.45% each for the employer and the worker (2.9% total). If you prefer, you can pay your worker’s share of Social Security and Medicare taxes, instead of withholding it from pay.

However, if your worker is under 18 and child care isn’t his or her principal occupation, you don’t have to withhold FICA taxes. Therefore, if your worker is really a student/part-time babysitter, there’s no FICA tax liability.

Reporting and paying

You pay nanny tax by increasing your quarterly estimated tax payments or increasing withholding from your wages rather than by making an annual lump-sum payment. You don’t have to file any employment tax returns — even if you’re required to withhold or pay tax — unless you own a business. Instead, your tax professional will report employment taxes on Schedule H of your individual Form 1040 tax return.

On your return, your employer identification number (EIN) will be included when reporting employment taxes. The EIN isn’t the same as your Social Security number. If you need an EIN, you must file Form SS-4.

A keen awareness

Retaining a household worker calls for careful recordkeeping and a keen awareness of the applicable rules. Keep in mind that you may also have federal unemployment tax (FUTA) liability, as well as state and local tax obligations. Contact us for assistance complying.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters       

Seniors and immigrants to watch out for predators

Posted by Admin Posted on Aug 24 2021

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The Internal Revenue Service continued its "Dirty Dozen" tax scams with a warning for people to watch out for predators using tax-related schemes ranging from fake charities to scams targeting seniors and immigrants.

The IRS continues to see a group of ruses by dishonest people who trick others into doing something illegal or which ultimately causes them harm. Predators encourage otherwise honest people to do things they don't realize are illegal or prey on their good will to take something from them.

Several schemes involve fraudsters targeting groups like seniors or immigrants, posing as fake charities impersonating IRS authorities, charging excessive fees for Offers in Compromise, conducting unemployment insurance fraud and unscrupulously preparing tax returns.

Here are five of this year's "Dirty Dozen" scams.

Fake charities

The IRS advises taxpayers to be on the lookout for scammers who set up fake organizations to take advantage of the public's generosity. They especially take advantage of tragedies and disasters, such as the COVID-19 pandemic.

Scams requesting donations for disaster relief efforts are especially common on the phone. Taxpayers should always check out a charity before they donate, and they should not feel pressured to give immediately.

Taxpayers who give money or goods to a charity may be able to claim a deduction on their federal tax return by reducing the amount of their taxable income. But taxpayers should remember that to receive a deduction, taxpayers must donate to a qualified charity. To check the status of a charity, use the IRS Tax Exempt Organization Search tool. (It's also important for taxpayers to remember that they can't deduct gifts to individuals or to political organizations and candidates.)

Here are some tips to remember about fake charity scams:

  • Individuals should never let any caller pressure them. A legitimate charity will be happy to get a donation at any time, so there's no rush. Donors are encouraged to take time to do the research.
  • Potential donors should ask the fundraiser for the charity's exact name, web address and mailing address, so it can be confirmed later. Some dishonest telemarketers use names that sound like large well-known charities to confuse people.
  • Be careful how a donation is paid. Donors should not work with charities that ask them to pay by giving numbers from a gift card or by wiring money. That's how scammers ask people to pay. It's safest to pay by credit card or check — and only after having done some research on the charity.

For more information about fake charities see the information on fake charity scams on the Federal Trade Commission web site.

Immigrant/senior fraud

IRS impersonators and other scammers are known to target groups with limited English proficiency as well as senior citizens. These scams are often threatening in nature.

While it has diminished some recently, the IRS impersonation scam remains a common scam. This is where a taxpayer receives a telephone call threatening jail time, deportation or revocation of a driver's license from someone claiming to be with the IRS. Taxpayers who are recent immigrants often are the most vulnerable and should ignore these threats and not engage the scammers.

The IRS reminds taxpayers that the first contact with the IRS will usually be through mail, not over the phone. Legitimate IRS employees will not threaten to revoke licenses or have a person deported. These are scare tactics.

As phone scams pose a major threat to people with limited access to information, including individuals not entirely comfortable with the English language, the IRS has added new features to help those who are more comfortable in a language other than English. The Schedule LEP PDF allows a taxpayer to select in which language they wish to communicate. Once they complete and submit the schedule, they will receive future communications in that selected language preference.

Additionally, the IRS is providing tax information, forms and publications in many languages other than English. IRS Publication 17, Your Federal Income Tax, is now available in Spanish, Chinese (simplified and traditional), Vietnamese, Korean and Russian.

Seniors beware

Senior citizens and those who care about them need to be on alert for tax scams targeting older Americans. The IRS recognizes the pervasiveness of fraud targeting older Americans, along with the Department of Justice and FBI, the Federal Trade Commission and the Consumer Financial Protection Bureau (CFPB), among others.

In an effort to make filing taxes easier for seniors, the IRS reminds seniors born before Jan. 2, 1956 that the IRS has re-designed the Form 1040 and its instructions, and that they can use the Form 1040SR and related instructions.

The IRS reminds seniors that the best source for information about their federal taxes is the IRS website.

Offer in Compromise "mills"

Offer in Compromise mills contort the IRS program into something it's not – misleading people with no chance of meeting the requirements while charging excessive fees, often thousands of dollars.

"We're increasingly concerned that people having trouble paying their taxes are being duped into misleading claims about settling their tax debts for 'pennies on the dollar'," said IRS Commissioner Chuck Rettig. "The IRS urges people to take a few minutes to review information on IRS.gov to see if they might be a good candidate for the program – and avoiding costly promoters who advertise on radio and television."

The IRS reminds taxpayers to beware of promoters claiming their services are needed to settle with the IRS, that their tax debts can be settled for "pennies on the dollar" or that there is a limited window of time to resolve tax debts through the Offer in Compromise (OIC) program.

An "offer," or OIC, is an agreement between a taxpayer and the IRS that resolves the taxpayer's tax debt. The IRS has the authority to settle, or "compromise," federal tax liabilities by accepting less than full payment under certain circumstances. However, some promoters are inappropriately advising indebted taxpayers to file an OIC application with the IRS, even though the promoters know the person won't qualify. This costs honest taxpayers money and time.

Taxpayers should be especially wary of promoters who claim they can obtain larger offer settlements than others or who make misleading promises that the IRS will accept an offer for a small percentage. Companies advertising on TV or radio frequently can't do anything for taxpayers that they can't do for themselves by contacting the IRS directly.

Taxpayers can go to IRS.gov and review the Offer in Compromise Pre-Qualifier Tool to see if they qualify for an OIC. The IRS reminds taxpayers that under the First Time Penalty Abatement policy, taxpayers can go directly to the IRS for administrative relief from a penalty that would otherwise be added to their tax debt.

Unscrupulous tax return preparers

Although most tax preparers are ethical and trustworthy, taxpayers should be wary of preparers who won't sign the tax returns they prepare, often referred to as ghost preparers. For e-filed returns, the "ghost" will prepare the return, but refuse to digitally sign as the paid preparer.

By law, anyone who is paid to prepare, or assists in preparing federal tax returns, must have a valid Preparer Tax Identification Number (PTIN). Paid preparers must sign and include their PTIN on the return. Not signing a return is a red flag that the paid preparer may be looking to make a quick profit by promising a big refund or charging fees based on the size of the refund.

Unscrupulous tax return preparers may also:

  • Require payment in cash only and will not provide a receipt.
  • Invent income to qualify their clients for tax credits.
  • Claim fake deductions to boost the size of the refund.
  • Direct refunds into their bank account, not the taxpayer's account.

It's important for taxpayers to choose their tax return preparer wisely. The Choosing a Tax Professional page on IRS.gov has information about tax preparer credentials and qualifications. The IRS Directory of Federal Tax Return Preparers with Credentials and Select Qualifications can help identify many preparers by type of credential or qualification.

Taxpayers should also remember that they are legally responsible for what is on their tax return even if it is prepared by someone else. Consumers can help protect themselves by choosing a reputable tax preparer.

Unemployment insurance fraud

Unemployment fraud often involves individuals acting in coordination with or against employers and financial institutions to get state and local assistance to which they are not entitled. These scams can pose problems that can adversely affect taxpayers in the long run.

States, employers and financial institutions need to be aware of the following scams related to unemployment insurance:

  • Identity-related fraud: Filers submit applications for unemployment payments using stolen or fake identification information to perpetrate an account takeover.
  • Employer-employee collusion fraud: The employee receives unemployment insurance payments while the employer continues to pay the employee reduced, unreported wages.
  • Misrepresentation of income fraud: An individual returns to work and fails to report the income to continue receiving unemployment insurance payments, or in an effort to receive higher unemployment payments, applicants claim higher wages than they actually earned.
  • Fictitious employer-employee fraud: Filers falsely claim they work for a legitimate company, or create a fictitious company, and supply fictitious employee and wage records to apply for unemployment insurance payments.
  • Insider fraud: State employees use credentials to inappropriately access or change unemployment claims, resulting in the approval of unqualified applications, improper payment amounts, or movement of unemployment funds to accounts that are not on the application.

Below is a short list of financial red flag indicators of unemployment fraud:

  • Unemployment payments are coming from a state other than the state in which the customer reportedly resides or has previously worked.
  • Multiple state unemployment payments are made within the same disbursement timeframe.
  • Unemployment payments are made in the name of a person other than the account holder or in the names of multiple unemployment payment recipients.
  • Numerous deposits or electronic funds transfers (EFTs) are made that indicate they are unemployment payments from one or more states to people other than the account holder(s).
  • A higher amount of unemployment payments is seen in the same timeframe compared to similar customers and the amount they received.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS  

How to know it’s really the IRS calling or knocking on your door

Posted by Admin Posted on Aug 24 2021

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Many taxpayers have encountered individuals impersonating IRS officials – in person, over the telephone and via email. Don’t get scammed. We want you to understand how and when the IRS contacts taxpayers and help you determine whether a contact you may have received is truly from an IRS employee.

The IRS initiates most contacts through regular mail delivered by the United States Postal Service.

However, there are special circumstances in which the IRS will call or come to a home or business, such as when a taxpayer has an overdue tax bill, to secure a delinquent tax return or a delinquent employment tax payment, or to tour a business as part of an audit or during criminal investigations.

Even then, taxpayers will generally first receive several letters (called “notices”) from the IRS in the mail.

Note that the IRS does not:

  • Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer. Generally, the IRS will first mail a bill to any taxpayer who owes taxes.
  • Demand that you pay taxes without the opportunity to question or appeal the amount they say you owe. You should also be advised of your rights as a taxpayer.
  • Threaten to bring in local police, immigration officers or other law-enforcement to have you arrested for not paying. The IRS also cannot revoke your driver’s license, business licenses, or immigration status. Threats like these are common tactics scam artists use to trick victims into buying into their schemes.

If you owe taxes:

The IRS instructs taxpayers to make payments to the “United States Treasury.” The IRS provides specific guidelines on how you can make a tax payment at irs.gov/payments.

Here is what the IRS will do:

If an IRS representative visits you, he or she will always provide two forms of official credentials called a pocket commission and a HSPD-12 card. HSPD-12 is a government-wide standard for secure and reliable forms of identification for federal employees and contractors. You have the right to see these credentials. And if you would like to verify information on the representative’s HSPD-12 card, the representative will provide you with a dedicated IRS telephone number for verifying the information and confirming their identity.

Collection

IRS collection employees may call or come to a home or business unannounced to collect a tax debt. They will not demand that you make an immediate payment to a source other than the U.S. Treasury.

Learn more about the IRS revenue officers’ collection work.

The IRS can assign certain cases to private debt collectors but only after giving the taxpayer and his or her representative, if one is appointed, written notice. Private collection agencies will not ask for payment on a prepaid debit card or gift card. Taxpayers can learn about the IRS payment options on IRS.gov/payments. Payment by check should be payable to the U.S. Treasury and sent directly to the IRS, not the private collection agency. 

Learn more about how to know if it’s really an IRS Private Debt Collector.

Audits

IRS employees conducting audits may call taxpayers to set up appointments or to discuss items with the taxpayers, but not without having first attempted to notify them by mail. After mailing an official notification of an audit, an auditor/tax examiner may call to discuss items pertaining to the audit. 

Learn more about the IRS audit process.

Criminal Investigations

IRS criminal investigators may visit a taxpayer’s home or business unannounced while conducting an investigation. However, these are federal law enforcement agents and they will not demand any sort of payment. 

Learn more about the What Criminal Investigation Does and How Criminal Investigations are Initiated.

Beware of Impersonations

Scams take many shapes and forms, such as phone calls, letters and emails. Many IRS impersonators use threats to intimidate and bully people into paying a fabricated tax bill. They may even threaten to arrest or deport their would-be victim if the victim doesn’t comply.

For a comprehensive listing of recent tax scams and consumer alerts, visit Tax Scams/Consumer Alerts.

Know Who to Contact

  • Contact the Treasury Inspector General for Tax Administration to report a phone scam. Use their “IRS Impersonation Scam Reporting” web page. You can also call 800-366-4484.
  • Report phone scams to the Federal Trade Commission. Use the “FTC Complaint Assistant” on FTC.gov. Please add "IRS Telephone Scam" in the notes.
  • Report an unsolicited email claiming to be from the IRS, or an IRS-related component like the Electronic Federal Tax Payment System, to the IRS at phishing@irs.gov.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

 Source: IRS            

Identity Theft and Unemployment Benefits

Posted by Admin Posted on Aug 23 2021

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States have experienced a surge in fraudulent unemployment claims filed by organized crime rings using stolen identities. Criminals are using these stolen identities to fraudulently collect benefits across multiple states.

Because unemployment benefits are taxable income, states issue Form 1099-G, Certain Government Payments, to recipients and to the IRS to report the amount of taxable compensation received and any withholding. Box 1 on the form shows "Unemployment Compensation." You should report fraud to the issuing state agency and request a corrected Form 1099-G.

For details on how to report fraud to state workforce agencies, how to obtain a corrected Form 1099-G, a list of state contacts and other steps you should take if you are a victim, see the U.S. Department of Labor’s DOL.gov/fraud page. Please follow Department of Labor guidance on reporting fraud and protecting yourself from additional scams.

You may be a victim of unemployment identity theft if you received:

  • Mail from a government agency about an unemployment claim or payment and you did not recently file for unemployment benefits. This includes unexpected payments or debit cards and could be from any state.
  • An IRS Form 1099-G reflecting unemployment benefits you weren't expecting. Box 1 on this form may show unemployment benefits you did not receive or an amount that exceeds your records for the unemployment benefits you did receive. The form itself may be from a state in which you did not file for benefits.
  • While you are still employed, a notice from your employer indicating that your employer received a request for information about an unemployment claim in your name.

IRS Information for Taxpayers

When you file your income taxes, ONLY include income you received, even if you have not yet received a corrected 1099-G from the state.
 

  • The processing of your tax return should not be delayed while your report of unemployment identity theft is under investigation.
  • Do not report the incorrect 1099-G income on your tax return.
  • The American Rescue Plan of 2021 provides for a one-time exemption of $10,200 per person in unemployment benefits to individuals and couples who earned $150,000 or less last year. If you have already filed your taxes, do not file an amended return. The IRS will issue additional guidance.
  • There is no requirement to file a Form 14039, Identity Theft Affidavit. A Form 14039 should be filed only if the taxpayers' e-filed tax return is rejected because a duplicate return with their Social Security number is already on file or if the IRS instructs them to file a Form 14039.
  • Taxpayers who were victims of an unemployment benefits identity theft scheme should consider opting into the IRS Identity Protection PIN program. An IP PIN is a six-digit number that helps prevent thieves from filing federal tax returns in the names of identity theft victims. The IP PIN is a voluntary program open to any taxpayer who can verify his or her identity. See details at Get an IP PIN.

IRS Information for Employers

Employers are often the first line of defense against unemployment fraud. Employers should:

  • Respond quickly to state notices that its employees have filed for unemployment claims, especially if the names on the notices are not employees;
  • Be alert to misuse of the IRS-issued Employer Identification Number that fraudsters may use to file jobless claims;
  • File a Form 14039-B PDF, Business Identity Theft Affidavit, if the company’s EIN is being used to generate fraudulent unemployment benefit claims.
  • Write to the IRS to close out the business tax account if the company is going out of business; this will help curtail the misuse of dormant EINs.

Justice Department Warns on Fake Unemployment Benefit Websites

The Department of Justice recently warned that fraudsters are creating websites mimicking unemployment benefit websites, including state workforce agency (SWA) websites, for the purpose of unlawfully capturing consumers’ personal information.
To lure consumers to these fake websites, fraudsters send spam text messages and emails purporting to be from an SWA and containing a link. The fake websites are designed to trick consumers into thinking they are applying for unemployment benefits and disclosing personally identifiable information and other sensitive data. That information can then be used by fraudsters to commit identity theft.

Help stop these scams by reporting them and using the list of state contacts at DOL.gov/fraud.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source : IRS                                 

5 Key Points About Bonus Depreciation

Posted by Admin Posted on Aug 23 2021

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Like most business owners, you’ve probably heard about 100% bonus depreciation — and hopefully you’ve been claiming it when appropriate. It’s available for a wide range of qualifying asset purchases and allows you to deduct the entire expense of an eligible asset in the year it’s placed in service.

But there are many important details to keep in mind as you plan your asset purchases for 2021 and beyond. Here are five key points about this powerful tax-saving tool:

1. It’s scheduled to be reduced and eliminated. Under current law, 100% bonus depreciation will be gradually reduced and eliminated for property placed in service in 2023 through 2026. Thus, an 80% rate will apply to property placed in service in 2023, 60% in 2024, 40% in 2025, and 20% in 2026. Bonus depreciation will be eliminated for 2027 and later years.

For some aircraft (generally, company planes) and for costs of certain property with a long production period, the reduction is scheduled to take place beginning a year later, from 2024 through 2027. Then it will be eliminated beginning in 2028.

Of course, Congress could pass legislation to extend bonus depreciation.

2. It’s available for new and most used property. Before a Tax Cuts and Jobs Act (TCJA) provision went into effect in late 2017, used property didn’t qualify for bonus depreciation. It currently qualifies unless the taxpayer is the party that previously used the property or unless the property was acquired in ineligible transactions. (These are, generally, acquisitions that are tax-free or from a related person or entity.)

3. In some situations you should elect to turn it down. Taxpayers can elect out of bonus depreciation for one or more classes of property. The election out may be useful for certain businesses. These include sole proprietorships and pass-through entities, such as partnerships, S corporations and, typically, limited liability companies, that want to prevent the “wasting” of depreciation deductions from applying them against lower-bracket income in the year property was placed in service — instead of applying them against anticipated higher-bracket income in future years.

C corporations are currently taxed at a flat rate. But because an increase to the corporate rate has been proposed, it could also make sense for C corporations to elect out of bonus depreciation this year.

4. Certain building improvements are eligible. Before the TCJA, bonus depreciation was available for two types of real property: 1) land improvements other than buildings, such as fencing and parking lots, and 2) qualified improvement property (QIP), a broad category of internal improvements made to nonresidential buildings after the buildings have been placed in service.

The TCJA inadvertently eliminated bonus depreciation for QIP. However, 2020’s CARES Act made a retroactive technical correction to the TCJA that makes QIP placed in service after December 31, 2017, eligible for bonus depreciation.

5. 100% bonus depreciation has — temporarily — reduced the importance of Section 179 expensing. If you own a smaller business, you’ve likely benefited from Sec. 179 expensing. This is an elective benefit that, subject to dollar limits, allows an immediate deduction of the cost of equipment, machinery, off-the-shelf computer software and certain building improvements.

Sec. 179 has been enhanced by the TCJA, but the availability of 100% bonus depreciation is economically equivalent and has greatly reduced the cases in which Sec. 179 expensing is useful. If bonus depreciation is reduced and eliminated as scheduled, then the importance of Sec. 179 will return for many taxpayers.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.       

Source: Thomson Reuters                 

AFTER MARRIAGE, WHAT ARE THE TAX IMPLICATIONS?

Posted by Admin Posted on July 30 2021

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You are entitled to file a joint income tax return upon marriage. Although this simplifies the filing process, you will more than likely discover that your tax bill is either higher or lower than when you were single. It's higher when you file together, as more of your income is taxed in the higher tax brackets. This is commonly known as the marriage tax penalty. In 2003, a tax law that intended to reduce the marriage penalty went into effect, but this law didn't get rid of the penalty for higher bracket taxpayers.

Once married, you may not file separately in an attempt to avoid the marriage penalty. Actually, filing as married filing separately can raise your taxes. For the optimal filing status for your situation you should speak with your tax advisor.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

Ten Things to Know About Advance Child Tax Credit Payments

Posted by Admin Posted on July 30 2021

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For taxpayers wanting more information about the 2021 Child Tax Credit and advanced payment option, here’s ten things you need to know.

  1. The IRS is determining potential Advanced Child Tax Credit Payment (AdvCTC) eligibility* using information from:
    • taxpayer’s 2020 tax return (or, in some cases, taxpayer’s 2019 tax return),
      or
    •  taxpayer’s information submitted by using the Non-Filers tool on IRS.gov last year (to register for an Economic Impact Payment),
      or
    • taxpayer’s information submitted using the new non-filer tool this year.
      *Note that this is not necessarily the same as the information that the IRS will use to determine your bank account information.
  2. If taxpayer is unsure if they qualify, they can use the Advance Child Tax Credit Eligibility Assistant tool to find out.
  3. Families who are eligible for AdvCTC (based on the above) will receive three letters.
  4.  The monthly payment amount will be up to $300 per month for each qualifying child under age 6, and up to $250 per month for each qualifying child ages 6 to 17.
  5.  Payments start July 15, 2021. Additional payments will be issued:
    Aug. 13 | Sept. 15 | Oct. 15 | Nov. 15 | and Dec. 15.
  6. Payments will be issued either by direct deposit or paper check.
  7. Taxpayers will be able to use the IRS Child Tax Credit Update Portal to:
    • Check if they are enrolled to receive advance payments.
    • Unenroll to stop getting advance payments. Important note: if taxpayers are married filing joint, both must unenroll.
    • Provide or update bank account information for monthly payments sent in August or later.
      Note: More functionality within this tool will be added later this year that will allow taxpayers to:
    • Make changes to your address;
    • Report a change to your dependents;
    • Report a change in marital status; and
    • Report a change in income.
  8. Taxpayers who unenroll can still report the Child Tax Credit on their 2021 individual income tax return.
  9.  All taxpayers who receive AdvCTC will be required to reconcile the total payments received versus the total Child Tax Credit they qualify for on their 2021 Individual Tax Return, when they file in 2022.

10. The best places to find more information about AdvCTC are:

 If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS                                 

IRS readies nearly 4 million refunds for unemployment compensation overpayments

Posted by Admin Posted on July 30 2021

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The Internal Revenue Service announced that it will issue another round of refunds to nearly 4 million taxpayers who overpaid their taxes on unemployment compensation received last year.

The American Rescue Plan Act of 2021, which became law in March, excluded up to $10,200 in 2020 unemployment compensation from taxable income calculations. The exclusion applied to individuals and married couples whose modified adjusted gross income was less than $150,000.

Refunds by direct deposit will begin July 14 and refunds by paper check will begin July 16. The IRS previously issued refunds related to unemployment compensation exclusion in May and June, and it will continue to issue refunds throughout the summer.

To ease the burden on taxpayers, the IRS has been reviewing the Forms 1040 and 1040SR that were filed prior to the law's enactment to identify those people who are due an adjustment. For taxpayers who overpaid, the IRS will either refund the overpayment, apply it to other outstanding taxes or other federal or state debts owed.

For this round, the IRS identified approximately 4.6 million taxpayers who may be due an adjustment. Of that number, approximately 4 million taxpayers are expected to receive a refund. The refund average is $1,265, which means some will receive more and some will receive less.

Most taxpayers need not take any action and there is no need to call the IRS. However, if, as a result of the excluded unemployment compensation, taxpayers are now eligible for deductions or credits not claimed on the original return, they should file a Form 1040-X, Amended U.S. Individual Income Tax Return.

Taxpayers should file an amended return if they:

  • did not submit a Schedule 8812 with the original return to claim the Additional Child Tax Credit and are now eligible for the credit after the unemployment compensation exclusion;
  • did not submit a Schedule EIC with the original return to claim the Earned Income Tax Credit (with qualifying dependents) and are now eligible for the credit after the unemployment compensation exclusion;
  • are now eligible for any other credits and/or deductions not mentioned below. Make sure to include any required forms or schedules.

Taxpayers do not need to file an amended return if they:

  • already filed a tax return and did not claim the unemployment exclusion; the IRS will determine the correct taxable amount of unemployment compensation and tax;
  • have an adjustment, because of the exclusion, that will result in an increase in any non-refundable or refundable credits reported on the original return;
  • did not claim the following credits on their tax return but are now eligible when the unemployment exclusion is applied: Recovery Rebate Credit, Earned Income Credit with no qualifying dependents or the Advance Premium Tax Credit. The IRS will calculate the credit and include it in any overpayment;
  • filed a married filing joint return, live in a community property state, and entered a smaller exclusion amount than entitled on Schedule 1, line 8.

Taxpayers will generally receive letters from the IRS within 30 days of the adjustment, informing them of what kind of adjustment was made (such as refund, payment of IRS debt payment or payment offset for other authorized debts) and the amount of the adjustment.

 If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source : IRS        

Can Your Business Benefit From the Enhanced Employee Retention Credit?

Posted by Admin Posted on July 30 2021

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Over the course of the COVID-19 pandemic, many businesses have had to shut down or reduce operations, causing widespread furloughs and layoffs. Fortunately, employers that have kept workers on their payrolls may be eligible for a refundable employee retention credit. Three laws have created, extended and enhanced the credit.

The original law

The CARES Act created the employee retention credit in March of 2020. The credit originally:

Equaled 50% of qualified employee wages paid by an eligible employer in an applicable 2020 calendar quarter,

Was subject to an overall wage cap of $10,000 per eligible employee, and

Was available to eligible large and small employers.

The credit covered wages paid from March 13, 2020, through Dec. 31, 2020.

What’s changed

The Consolidated Appropriations Act (CAA), signed into law in December of 2020, extended the covered wage period to include the first two calendar quarters of 2021, ending on June 30, 2021. And now the American Rescue Plan Act (ARPA), signed into law on March 11, has extended it again through Dec. 31, 2021.

In addition, for the first two quarters of 2021, the CAA increased the overall covered wage ceiling to 70% of qualified wages paid during the applicable quarter. And it increased the per-employee covered wage ceiling to $10,000 of qualified wages paid during the applicable quarter (versus a $10,000 annual ceiling under the original rules). Because of the ARPA extension, these higher wage ceilings now apply to all four quarters of 2021.

Substantial tax savings

Additional rules and limits apply to the employee retention credit, and these are just some of the changes made to it. But the potential tax savings can be substantial. Contact your tax advisor for more information about this tax saving opportunity.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters     

The IRS begins adjusting tax returns for unemployment compensation exclusion

Posted by Admin Posted on July 30 2021

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On May 14, the IRS issued notification that it began making adjustments to 2020 tax returns to allow the exclusion of unemployment compensation of up to $10,200, as included in the American Rescue Plan Act of 2021.

Here’s some quick facts you need to know:

  • The adjustments will be done in phases.
  1. The first phase, began on May 6, 2021, and includes single taxpayers who had the simplest tax returns, such as those filed by taxpayers who did not claim children or any refundable tax credits.
  2. The second phase is scheduled to begin after the completion of the first phase and will include married filing joint taxpayers with more complex tax returns.
  • The $10,200 per person exclusion applies to taxpayers, single or married filing jointly, with modified adjusted gross income of less than $150,000. The $10,200 is the amount of income exclusion, not the amount of the refund.
  • A notice, CP 21 or CP 22, will be issued within 30 days to inform you of the adjustment and let you know if the adjustment created a balance due, refund, or no change. You should keep any Notice you receive for your tax records.
  • Refund amounts will vary and not all adjustments will result in a refund.
  • If the adjustment results in a refund, it will be issued as a direct deposit (if the IRS has your bank account information) or a check (if no valid bank account information is available), as long as no other past due amounts are owed which the IRS is obligated to collect.
  1. If other amounts are owed, such as past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support or certain federal nontax debts (e.g., student loans), the refund will be offset to pay them.
  2. The IRS will send a separate notice to you if the refund is sent to pay unpaid debts.

 If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS   

 

How to know it’s really the IRS calling or knocking on your door

Posted by Admin Posted on July 30 2021

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Many taxpayers have encountered individuals impersonating IRS officials – in person, over the telephone and via email. Don’t get scammed. We want you to understand how and when the IRS contacts taxpayers and help you determine whether a contact you may have received is truly from an IRS employee.

The IRS initiates most contacts through regular mail delivered by the United States Postal Service.

However, there are special circumstances in which the IRS will call or come to a home or business, such as when a taxpayer has an overdue tax bill, to secure a delinquent tax return or a delinquent employment tax payment, or to tour a business as part of an audit or during criminal investigations.

Even then, taxpayers will generally first receive several letters (called “notices”) from the IRS in the mail.

Note that the IRS does not:

  • Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer. Generally, the IRS will first mail a bill to any taxpayer who owes taxes.
  • Demand that you pay taxes without the opportunity to question or appeal the amount they say you owe. You should also be advised of your rights as a taxpayer.
  • Threaten to bring in local police, immigration officers or other law-enforcement to have you arrested for not paying. The IRS also cannot revoke your driver’s license, business licenses, or immigration status. Threats like these are common tactics scam artists use to trick victims into buying into their schemes.

If you owe taxes:

The IRS instructs taxpayers to make payments to the “United States Treasury.” The IRS provides specific guidelines on how you can make a tax payment at irs.gov/payments.

Here is what the IRS will do:

If an IRS representative visits you, he or she will always provide two forms of official credentials called a pocket commission and a HSPD-12 card. HSPD-12 is a government-wide standard for secure and reliable forms of identification for federal employees and contractors. You have the right to see these credentials. And if you would like to verify information on the representative’s HSPD-12 card, the representative will provide you with a dedicated IRS telephone number for verifying the information and confirming their identity.

Collection

IRS collection employees may call or come to a home or business unannounced to collect a tax debt. They will not demand that you make an immediate payment to a source other than the U.S. Treasury.

Learn more about the IRS revenue officers’ collection work.

The IRS can assign certain cases to private debt collectors but only after giving the taxpayer and his or her representative, if one is appointed, written notice. Private collection agencies will not ask for payment on a prepaid debit card or gift card. Taxpayers can learn about the IRS payment options on IRS.gov/payments. Payment by check should be payable to the U.S. Treasury and sent directly to the IRS, not the private collection agency. 

Learn more about how to know if it’s really an IRS Private Debt Collector.

Audits

IRS employees conducting audits may call taxpayers to set up appointments or to discuss items with the taxpayers, but not without having first attempted to notify them by mail. After mailing an official notification of an audit, an auditor/tax examiner may call to discuss items pertaining to the audit. 

Learn more about the IRS audit process.

Criminal Investigations

IRS criminal investigators may visit a taxpayer’s home or business unannounced while conducting an investigation. However, these are federal law enforcement agents and they will not demand any sort of payment. 

Learn more about the What Criminal Investigation Does and How Criminal Investigations are Initiated.

Beware of Impersonations

Scams take many shapes and forms, such as phone calls, letters and emails. Many IRS impersonators use threats to intimidate and bully people into paying a fabricated tax bill. They may even threaten to arrest or deport their would-be victim if the victim doesn’t comply.

For a comprehensive listing of recent tax scams and consumer alerts, visit Tax Scams/Consumer Alerts.

Know Who to Contact

  • Contact the Treasury Inspector General for Tax Administration to report a phone scam. Use their “IRS Impersonation Scam Reporting” web page. You can also call 800-366-4484.
  • Report phone scams to the Federal Trade Commission. Use the “FTC Complaint Assistant” on FTC.gov. Please add "IRS Telephone Scam" in the notes.
  • Report an unsolicited email claiming to be from the IRS, or an IRS-related component like the Electronic Federal Tax Payment System, to the IRS at phishing@irs.gov.
  •  If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS                     

Why Do I Owe a Penalty and Interest and What Can I Do About It?

Posted by Admin Posted on July 29 2021

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There are many reasons why the IRS may charge penalties on your tax account. The IRS is legally required, under Internal Revenue Code (IRC) § 6601, to charge interest when you fail to pay the full amount you owe on time. Interest may also accrue on penalties. Interest and any applicable penalties will continue to accrue until you pay your balance due in full. Here are some of the most common penalties, information on why they may have been charged, and how to request penalty abatement (removal) if applicable.

First let’s talk about some common penalty charges on individual accounts, along with interest, and why the IRS charges them.

Penalties (and the reasons for them) include:

  • Failure to file – when you don’t file your tax return by the return due date or extended due date if an extension to file is requested and approved.
  • Failure to pay – when you don’t pay the taxes reported on your tax return in full by the due date of the original tax return. An extension to file doesn’t extend the time to pay so you must pay your taxes by the original due date of the tax return even if you have requested an extension of time to file your tax return. In addition, the IRS may charge a failure to pay penalty if the IRS makes a notice and demand for payment and you fail to pay on time.
  • Failure to pay proper estimated tax – when you don’t pay enough taxes due for the year with your quarterly estimated tax payments, or through withholding, when required.
  • Bad check – when your bank doesn’t honor your check or other form of payment.

Interest

The IRS is required to charge interest on any unpaid balance owed until it is paid in full. See the chart on the IRS’s Interest page for more details.

See Notice 746: Information about Your Notice, Penalty and Interest

Common scenarios where you may get penalty and interest charges

Here are some common scenarios this year where you may see penalty and interest charges, and how to handle them.

  • I sent a payment to the IRS, but I still got a bill with penalty and interest charges. What can I do?If you mailed a payment in 2021 to the IRS on or before May 17, it may still be unopened in the backlog of mail the IRS is processing due to COVID-19. See the information for Received a Bill or Notice and Sent Us a Check for more details. The IRS will process your payment with the date the IRS received it. Do not cancel your check, and make sure funds are available for when the IRS processes your payment.
  • I received penalty and interest charges because I did not pay yet. What are my options?First, it’s important to understand that applicable penalties and interest will continue to accrue until the account is paid in full, so the sooner you pay the balance, the less you will have to pay in penalties and interest.

There are a number of ways you can send a payment, including payment options if you cannot full pay right now, see the IRS Pay webpage or our articles File by May 17; here are some options and Need options for when you owe federal taxes, but can’t pay in full?

How can I dispute IRS penalties?

If you were affected by the pandemic or other circumstances, the IRS may be able to remove or reduce some penalties due to reasonable cause, but only if you tried to comply with the tax law but were unable to due to facts and circumstances beyond your control. If this applies to you and you have the necessary documentation to support your claim, you can call the toll-free number on your IRS notice or write a letter to request penalty relief due to reasonable cause.

See the IRS reasonable cause relief page for more details.

The IRS will also consider the following situations for waiving penalties:

What if the IRS denies my penalty abatement request?

If the IRS rejects your request to remove a penalty, you may be able to request a conference or hearing with the IRS Independent Office of Appeals. You have 30 days from the date of the rejection letter to file your request for an appeal.

Refer to Penalty Appeal Eligibility and Publication 4576, Orientation to the Penalty Appeals Process for more details.

How do I request removal of interest charges?

If any of your tax and/or penalties are reduced, the IRS will also automatically reduce the related interest.

The IRS doesn’t remove or reduce interest for reasonable cause or as first-time relief. Interest is charged by law and will continue until your tax account is fully paid.

The IRS may only reduce the amount of interest you owe if the interest is due to an unreasonable error or delay by an IRS officer or employee in performing a ministerial or managerial act.

Use Form 843 PDF to request a reduction in interest. See Instructions for Form 843 PDF and IRC Section 6404(e)(1) for additional information.

What else do I need to know?

The IRS will continue to charge failure-to-pay penalty up to 25% in total or until the tax is paid in full, whichever comes first. In general, the IRS won’t abate the failure-to-pay penalty until the underlying tax has been paid in full. Be aware that if there is still a balance due, even after the penalty is removed, interest will continue to accrue until the account is paid in full.

As of this date, the IRS response times for calls and written submissions is still being affected by the ongoing Coronavirus situation, so see the IRS Operational status page, including the section on Answered a Letter or Notice, for more details. However, even if the IRS takes a bit longer to address your request, if granted, all applicable penalties (and associated interest) will be removed as appropriate.

If you have any questions regarding international taxation, IRS representation, U.S. tax implications of Real Estate accounting, domestic taxation, essential business accounting, transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS     

ARPA Provides More Than Just Direct Payments to Taxpayers

Posted by Admin Posted on July 28 2021

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On March 11, another round of COVID-19 relief legislation was signed into law. The American Rescue Plan Act (ARPA) includes funding for individuals, businesses, and state and local governments, but also some significant tax-related provisions.

ARPA extends and expands some tax provisions in the CARES Act and the Consolidated Appropriations Act (CAA) and also includes some new tax-related provisions.

A quick look

Here’s a quick look at some of the tax provisions that may affect you:

Individuals

Recovery rebates of up to $1,400 for singles and heads of households and $2,800 for married couples filing jointly — plus $1,400 per qualifying dependent (including adult dependents) — subject to adjusted gross income (AGI) phaseouts starting at $75,000 for singles, $112,500 for heads of households and $150,000 for joint filers and ending at $80,000, $120,000 and $160,000, respectively

Increased Child credit, including advance payments of part of the credit later this year

Expanded child and dependent care tax credit

Tax-free treatment of forgiven student loan debt

Exclusion from gross income of the first $10,200 in unemployment benefits received

Businesses and other employers

Extended and expanded tax credits for retaining employees, through Dec. 31, 2021

Extended and modified payroll tax credits for paid sick and family leave, through Sept. 30, 2021

Extended excess business loss limitation, through Dec. 31, 2026

Expansion of the Section 162(m) limits on the tax deduction public companies can take for executive compensation to cover the CEO, the CFO and the five next highest paid employees, beginning in 2027

How will you benefit?

This is just a brief overview of the tax-related provisions of ARPA. Additional rules and limits apply. Contact your tax advisor for more details on these provisions and how you might benefit.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters        

Beware of scammers offering help with getting advanced child tax credit payments

Posted by Admin Posted on July 28 2021

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We know a lot of eligible families are excited to learn how to get part of their Child Tax Credit in advance this year. So are scammers. The Taxpayer Advocate Service wants you to be alert of potential scams that might use that eagerness to harm you and your family by offering to help you get that money.

Here are some common scams to avoid:

Don’t fall for anyone making calls, sending emails, texts or direct messages, or posting on social media offering to help you apply for child tax credit benefits or offering ways to get advanced payment money quicker or get you more money through a larger child tax credit.

Also don’t provide any personal information in response to advertisements, especially any individual or company asking for the following information:

  • Social Security, bank account, debit and credit card numbers or other financial information
  • Home address, work address, or telephone number(s)
  • Any tax return related information

The IRS will never ask for you to pay by cash, gift card, credit card, wire transfer through companies like Money Gram or Western Union, or cryptocurrency to get help with making sure you get the necessary information to receive this payment. IRS, TAS, or other official government tax related information assistance is always free!

Go to the IRS Tax Scams/Consumer Alerts site if you think something sounds too good to be true. They publish warnings about the most recently identified scams, schemes, and phishing efforts. If you do encounter this type of activity, please also visit the Tax Scams – How to Report Them page to report it. Reporting these illegal efforts helps other taxpayers who might not be so savvy, potentially avoid falling prey to them. It also provides a lead for federal agencies to potentially identify and halt those activities, where possible.

2021 Advanced Child Tax Credit general information

As part of the Rescue Plan Act Armeican, families may be eligible for an increased child tax credit amount and may receive advanced payments of the credit for 2021. Eligible families will be receiving monthly payments from the government starting July 15 through December 2021,

The IRS will send these monthly payments directly to people who qualify, based on 2020 or 2019 tax return information on file, through direct deposit, paper checks, or debit cards, with no action required by you to get these payments as long as the IRS has this information on file.

Eligible families will get up to half of their child tax credit in these monthly payments and the other half when they file their 2021 taxes.

More details are coming soon and will be updated on IRS.gov about:

  • how to get official help filing a 2020 tax return to ensure you receive these payments (in addition to what’s already on the IRS Filing and Free File pages);
  • choosing to un-enroll or opt-out (so you get the payment in full instead on your 2021 tax return, in 2022); or
  • changing information the IRS has on file to calculate these advanced payments.

Use ONLY official IRS or TAS websites

For the real deal on information about advanced payments of the Child Tax Credit, refer only to the official IRS.gov Advance Child Tax Credit Payments in 2021 page or IRS News page, or monitor our Taxpayer Advocate Service siteNews and Information page or Coronavirus (COVID-19) Tax Relief page.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS

Taxpayers may file a 2020 superseding return changing their joint filing election to receive the third economic impact payment

Posted by Admin Posted on July 22 2021

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Economic Impact Payments

The IRS previously issued two rounds of economic impact payments (EIPs). The IRS delivered over 160 million payments for the first round of EIPs and 147 million payments for the second round of EIPs. The IRS has currently disbursed approximately 159 million payments for the third round of EIPs based on the adjusted gross incomes of the taxpayers’ latest processed returns from 2019 or 2020. The IRS is also automatically issuing and will continue to issue true-up payments for those individuals who already received a third EIP based on their 2019 tax return but have since filed their 2020 tax return and qualify for additional EIP funds. However, since enactment of the legislation many eligible victims of domestic abuse face issues in receiving their EIPs.

If the IRS determined the EIP based upon a filed joint tax return, it electronically deposited the EIP to the bank account shown on the joint return or it issued a check in both taxpayers’ names and sent the check to the address shown on the joint return. And on March 30, the IRS advised joint filers that taxpayer may receive half of the EIP payment as a direct deposit and the other half as a check, so keep an eye on your mailbox.

Superseding Returns

In my April 29, 2020, blog, I called attention to superseding returns — returns filed after an original return but before the due date of the original return. Returns are typically due on April 15, but taxpayers can submit a Form 4868, Application for Automatic Extension of Time to File, until October 15. Taxpayers can use superseding returns to correct an error or change a tax election as a substitute for the original filed return. For example, taxpayers might elect to have an overpayment shown on an original return applied to the tax owed the following year. By filing a second (superseding) return, taxpayers can change that election and receive the refund in the current year instead.

Superseding returns are treated as a replacement of an original return, and the IRS adjusts its records accordingly (see, for example, Internal Revenue Manual (IRM) 21.6.7.4.10). As I noted in a recent blog, it is important to remember the IRS treats the original return filing date as the key date for assessment and refund statute purposes — not the date the superseding return was filed if the superseding return was filed before an extended due date.

Superseding Return Changing Filing Status

Another reason to file a superseding return would be to change the election to file a joint return. For example, taxpayers who were married at the conclusion of the tax year, filed a joint return, and subsequently divorced or separated might decide to change their filing statuses (to married filing separately or head of household, if eligible).  One additional benefit is each spouse would receive their EIP individually rather than receive their EIP as an electronic deposit to a joint bank account they no longer share, or via a check in both their names to an address they no longer share.

Taxpayers who are still married, particularly victims of domestic abuse, may also decide to change their joint return election by filing a timely superseding return. This may be especially important when they do not have access to the bank account shown on the filed joint return, or they cannot access the mail at the address shown on the joint return, and the other joint filer may misappropriate their share of EIP.

The IRM takes the position that superseding returns changing the joint filing election must be filed before the due date of the original return without regard to extensions. The deadline for filing an original return was postponed to May 17, 2021, for tax year 2020 (see Treas. Reg. § 1.6013–1(a)(1)). Taxpayers may request extensions to file beyond that date and may file superseding returns if they do so by the extended filing date, but the IRS’s position set forth in its IRM states that for irrevocable elections (e.g., section 179, Joint to Separate) a return filed after the original due date but on or before the extended due date does not constitute a superseding return.

If the IRS did not issue the first or second EIP based on a taxpayer’s filed superseding return changing a joint filing status and instead based the EIP on the prior joint return, the taxpayer may still claim a Recovery Rebate Credit (RRC) on their 2020 income tax return, Form 1040, line 30. However, taxpayers should expect that their refund will be delayed because the IRS will manually review the claim if its records are inconsistent with the RRC.  The IRS will likely issue a math error notice explaining that it is reducing or eliminating the claimed RRC because the EIP was previously paid. This leaves the taxpayer in a situation that is similar to the one I discussed in my February 11, 2021, blog — EIP is based on a joint return but the joint election was invalid because it was coerced or the taxpayers were not married. In either instance, taxpayers will have the opportunity to explain their situation by responding to the math error notice and must respond within 60 days that the joint election was invalid or was superseded and they did not receive the EIP to which they were entitled.

Conclusion and Recommendation

Taxpayers who did not receive their first or second EIP after they filed a superseding return changing their election from filing jointly may still be eligible for the RRC on their 2020 income tax return. Taxpayers may still file a superseding return electing to file married filing separately or head of household for the 2020 return by May 17 which may trigger a separate EIP after processing the superseded return.  That superseded return would be the basis for the third EIP.

I will continue to work with the IRS to ensure appropriate math error notice procedures are in place to assist with the processing of the 2020 RRC for those taxpayers that filed superseding returns changing their election to file a joint return.  Victims of domestic violence in particular may benefit from these procedures.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS

A Tax Quirk of Being a Business Partner

Posted by Admin Posted on July 22 2021

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If you’re a partner in a business, you may have encountered a situation that gave you pause: In any given year, you may have been taxed on more partnership income than was distributed to you. The cause of this quirk of taxation lies in the way partnerships and partners are taxed.

Pass-through taxation

Unlike regular corporations, partnerships aren’t subject to income tax. Instead, each partner is taxed on the partnership’s earnings — whether or not they’re distributed to the partners. Similarly, if a partnership has a loss, the loss is passed through to the partners. (Be aware that various rules may prevent partners from currently using their share of a partnership’s loss to offset other income.)

While a partnership isn’t subject to income tax, it’s treated as a separate entity for purposes of determining its income, gains, losses, deductions and credits. This makes it possible to pass through to partners their share of these items.

Partnership items

A partnership must file an information return, which is IRS Form 1065, “U.S. Return of Partnership Income.” On this form, the partnership separately identifies income, deductions, credits and other items. This is so partners can properly treat items that are subject to limits or other rules that could affect their treatment at the partner level.

Examples of such items include capital gains and losses, interest expense on investment debts, and charitable contributions. Each partner gets a Schedule K-1 showing his or her share of partnership items.

Basis and distribution rules

Basis and distribution rules ensure that partners aren’t taxed twice. A partner’s initial basis in his or her partnership interest (which varies depending on how the interest was acquired) is increased by his or her share of partnership taxable income.

When that income is paid out to partners in cash, they aren’t taxed on the cash if they have sufficient basis. Instead, partners reduce their basis by the distribution amount. If a cash distribution exceeds a partner’s basis, then the excess is taxed to the partner as a gain (often, capital gain).

The tax ins and outs

Partnership structure offers owners many benefits, but it’s important to understand the tax ins and outs. Contact us to discuss further.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:  Thomson Reuters   

Curtailing Cryptocurrency Tax Surprises

Posted by Admin Posted on July 22 2021

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As investing in Bitcoin, Dogecoin and other cryptocurrencies becomes increasingly popular, investors need to understand the potential tax ramifications. Unlike traditional currency, the IRS views cryptocurrency as property for federal income tax purposes and even asks about it on Form 1040.

Many transactions involving cryptocurrency — such as purchases of goods or services — become taxable events where the purchase is also considered a sale. In addition, certain changes to the blockchain (the distributed digital “ledger” on which cryptocurrency transactions are typically recorded) can trigger taxable income.

Gains and losses

Because cryptocurrency is property, investors recognize a capital gain or loss when they sell it in exchange for traditional currency. As with other capital assets, the amount of gain or loss is the difference between the adjusted basis in the cryptocurrency (usually, the amount paid to acquire it) and the amount for which it’s sold. And, as with other capital assets, gain or loss may be short term or long term, depending on whether an investor held the cryptocurrency for more than one year. If cryptocurrency is sold at a loss, there may be limitations on the deductibility of the capital losses.

Cryptocurrency owners often are surprised to discover that using cryptocurrency to pay for goods or services can also trigger a capital gain or loss. Let’s say you purchased 10 units of cryptocurrency 10 years ago for $1,000 each, or a total of $10,000. This year, when the cryptocurrency’s price has climbed to $5,000 per unit, you use it to purchase a $50,000 car. Assuming your adjusted basis in the cryptocurrency is $10,000, you’ll recognize a $40,000 long-term capital gain. Generally, your gain or loss is the difference between your adjusted basis in the cryptocurrency and the fair market value of the goods or services you receive in exchange for it.

Forks and drops

In some cases, a cryptocurrency owner may recognize taxable income because of certain blockchain events. Taxable income may be triggered even if you don’t conduct transactions or take any other actions with the cryptocurrency.

IRS guidance in 2019 addressed the tax implications of two types of blockchain events: “hard forks” and “airdrops.” A hard fork occurs “when a cryptocurrency on a distributed ledger undergoes a protocol change resulting in a permanent diversion from the legacy or existing distributed ledger.” Put much more simply, it’s when a single cryptocurrency is split in two.

A hard fork may or may not be followed by an airdrop, which the IRS describes as “a means of distributing units of a cryptocurrency to the distributed ledger addresses of multiple taxpayers.” According to the guidance, when an airdrop follows a hard fork, it “results in the distribution of units of the new cryptocurrency to addresses containing the legacy cryptocurrency.” In simpler terms, it’s when “free coins” representing the new cryptocurrency are dropped into the existing cryptocurrency wallets of the owners of the legacy cryptocurrency.

If the new cryptocurrency isn’t airdropped or otherwise transferred to an account of the legacy cryptocurrency’s owner, a hard fork doesn’t trigger taxable income. On the other hand, if a hard fork is followed by an airdrop (which enables owners to immediately dispose of the new cryptocurrency), the owner recognizes ordinary income in the year the new cryptocurrency is received.

Stay current

Buying and selling cryptocurrency involves significant risk, including the possibility you could lose part or all of the money you’ve invested. Tax treatment of cryptocurrency is also subject to change. The IRS will likely continue to provide guidance on the distinctive tax issues presented by cryptocurrency. We can help you stay current on these developments and work with you to avoid unpleasant tax surprises.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters                              

Keep safe on social media at tax time – Don’t post or message tax info

Posted by Admin Posted on July 22 2021

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Social media timelines, forums and community groups may be a great way to connect with others and even comment publicly about something, but it’s not a great place to share your personal tax information.

Turning to social media and posting personal financial information such as tax transcripts or refund details are just examples of what you should not be doing. Also, asking personal tax details of others, puts you and them at risk for identity theft.

Never post your:

  • IRS account transcripts,
  • IRS Where’s My Refund status images,
  • Refund amounts,
  • Bank account or routing numbers,

Pictures or snapshots of tax returns and other documents with tax and personal information on them such as TAS Form 911, Request for Taxpayer Advocate Service Assistance.

TAS does not have the ability to open cases or respond to incoming messaging originating from our social media sites or any of our subscriber lists. If you qualify for TAS assistance, please follow the instructions on our “Submit a Request for Assistance” page.

Official Information Sources

Both the TAS and the IRS continuously strive to provide information to help you get your refund timely, to resolve return or account issues, and to help you protect yourself from fraud and ID theft. Unfortunately, the current Coronavirus (COVID-19) pandemic is exactly the type of situation that thieves and fraudsters look for to exploit.

The current IRS tax return processing programming is there to help prevent and identify possible ID Theft scenarios in relation to your account. Unfortunately, this programming protection can also delay a legitimate refund while information cross-checking is in process. And it can delay it past normal refund release timeframes in many cases.

Watch for official IRS notices and letters mailed to you that contain tax return and account updates. The correspondence may request you to take certain steps or actions to resolve any discrepancies identified. If identity theft is suspected, you may receive an official IRS letter 5071c requesting you to contact the IRS Identity Verification telephone number provided in the letter.

 If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS         

WHAT LEVEL OF HOME INSURANCE SHOULD I BUY?

Posted by Admin Posted on July 07 2021

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Make sure that you are insured against whatever natural disasters are common in your area, because insurance against these differs. If you don't specifically ask, you may not be covered.

Be sure to insure for 100% of rebuilding costs. The price of rebuilding your home could differ greatly from the amount that your home is valued at today.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

TAXPAYER BILL OF RIGHTS 6: THE RIGHT TO FINALITY

Posted by Admin Posted on July 07 2021

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The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.

It includes The Right to Finality.

Taxpayers have the right to know the maximum amount of time they have to challenge the IRS’s position as well as the maximum amount of time the IRS has to audit a particular tax year or collect a tax debt. Taxpayers have the right to know when the IRS has finished an audit.

What you can expect:

  • The IRS generally has three years from the date you file your return to assess any additional tax for that tax year. There are some limited exceptions to this rule. For example, if you fail to file a return or you file a false or fraudulent return, the IRS has an unlimited amount of time to assess tax for that tax year.
  • The IRS generally has 10 years from the assessment date to collect unpaid taxes from you. The IRS can’t extend this 10-year period unless you agree to extend the period as part of an installment agreement to pay your tax debt or the IRS obtains a court judgment. However, there are some situations where the IRS may suspend the ten-year collection period and resume it later. The IRS may be able to do this if there’s a period when the IRS cannot collect, such as times of bankruptcy or a collection due process proceeding.
  • If you believe you have overpaid your taxes, you can file a refund claim asking for the money back. Generally, you must file a refund claim within three years from the date you filed your original return, or two years from the date you paid the tax, whichever is later.
  • If the IRS sends you a notice proposing additional tax (statutory notice of deficiency), the notice must include the deadline for when you can file a petition with the Tax Court to challenge the amount proposed.
  • To timely challenge a statutory notice of deficiency in Tax Court, you must file your petition within 90 days of the date of the statutory notice (150 days if the taxpayer’s address on the notice is outside the United States or if the taxpayer is out of the country at the time the notice is mailed). If you do not timely file a petition, the IRS will assess the amount proposed in the statutory notice and you will receive a bill.
  • Generally, the IRS can only examine (audit) your tax return once for any given tax year. However, the IRS may reopen a previously examined return if the IRS finds it necessary. For example, if there is evidence of fraud, the IRS can reopen an exam.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages. 

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS      

TAXPAYER BILL OF RIGHTS 7: THE RIGHT TO PRIVACY

Posted by Admin Posted on July 07 2021

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The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.

It includes The Right to Privacy.

Taxpayers have the right to expect that any IRS inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights, including search and seizure protections and will provide, where applicable, a collection due process hearing.

What you can expect:

  • There are limits on the amount of wages that the IRS can levy (seize) to collect tax that you owe. A portion of your wages are protected from levy. The protected amount is the equivalent to the standard deduction, plus any deductions for personal exemptions.
  • The IRS can’t seize certain personal items, such as necessary schoolbooks, clothing, undelivered mail and certain amounts of furniture and household items. The IRS also can’t seize your primary home without court approval. It also must show there is no reasonable, alternative way to collect the tax debt from you.
  • If you submit an offer to settle your tax debt, and the offer relates only to how much you owe (known as a Doubt as to Liability Offer in Compromise), you do not need to submit any financial documentation.
  • The IRS should not seek intrusive and extraneous information about your lifestyle during an audit if there is no reasonable sign that you have unreported income.
  • During a Collection Due Process hearing, the Office of Appeals must consider whether the IRS’s proposed collection action balances the need for efficient tax collection with ensuring the IRS’s collection actions are no more intrusive to you than necessary.
  • More information about the IRS Privacy Policy is available online.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages. 

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:  IRS  

TAXPAYER BILL OF RIGHTS 5: THE RIGHT TO APPEAL AN IRS DECISION IN AN INDEPENDENT FORUM

Posted by Admin Posted on July 07 2021

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The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.

It includes The Right to Appeal an IRS Decision in an Independent Forum.

Taxpayers are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties, and have the right to receive a written response regarding the Office of Appeals’ decision. Taxpayers generally have the right to take their cases to court.

What you can expect:

  • The IRS Commissioner must ensure that there is an independent IRS Office of Appeals. It’s an office that is separate from the IRS office that initially reviewed your case. Generally, Appeals will not discuss a case with the IRS to the extent that those communications appear to compromise the independence of Appeals.
  • Publication 5, Your Appeal Rights and How to Prepare a Protest If You Don’t Agree PDF, tells you how to appeal your tax case if you don’t agree with the IRS’s findings.
  • If the IRS has sent you a statutory notice of deficiency, which is a notice proposing additional tax, and you timely file a petition with the United States Tax Court, you may dispute the proposed adjustment in tax court before you have to pay the tax. For more information about the United States Tax Court, see the Court’s taxpayer information page.
  • Generally, if you fully paid the tax and the IRS denies your tax refund claim, or if the IRS takes no action on the claim within six months, then you may file a refund suit. You can file a suit in a United States District Court or the United States Court of Federal Claims. However, you generally have only two years to file a refund suit from the date the IRS mails you a notice that denies your claim.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS     

 

IRS announces two new online tools to help families manage Child Tax Credit payments

Posted by Admin Posted on June 30 2021

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The Internal Revenue Service launched two new online tools designed to help families manage and monitor the advance monthly payments of Child Tax Credits under the American Rescue Plan. These two new tools are in addition to the Non-filer Sign-up Tool, announced last week, which helps families not normally required to file an income tax return to quickly register for the Child Tax Credit.

The new Child Tax Credit Eligibility Assistant allows families to answer a series of questions to quickly determine whether they qualify for the advance credit.

The Child Tax Credit Update Portal allows families to verify their eligibility for the payments and if they choose to, unenroll, or opt out from receiving the monthly payments so they can receive a lump sum when they file their tax return next year. This secure, password-protected tool is available to any eligible family with internet access and a smart phone or computer. Future versions of the tool planned in the summer and fall will allow people to view their payment history, adjust bank account information or mailing addresses and other features. A Spanish version is also planned.

Both the Child Tax Credit Eligibility Assistant and Child Tax Credit Update Portal are available now on IRS.gov.

The American Rescue plan increased the maximum Child Tax Credit amount in 2021 to $3,600 per child for children under the age of 6 and to $3,000 per child for children ages 6 through 17. The advance Child Tax Credit payments, which will generally be made on the 15th of each month, create financial certainty for families to plan their budgets. Eligible families will receive a payment of up to $300 per month for each child under age 6, and up to $250 per month for each child ages 6 through 17. The first monthly payment of the expanded and newly-advanceable Child Tax Credit will be made on July 15. Most families will begin receiving monthly payments automatically next month without any further action required.

"IRS employees continue to work hard to help people receive this important credit," IRS Commissioner Chuck Rettig said. "The Update Portal is a key piece among the three new tools now available on IRS.gov to help families understand, register for and monitor these payments. We will be working across the nation with partner groups to share information and help eligible people receive the advance payments."

More features coming to the Update Portal soon

Coming soon, families will be able to use the Child Tax Credit Update Portal to check the status of their payments. In late June, people will be able to update their bank account information for payments starting in August. In early August, a feature is planned that will allow people to update their mailing address. Then, in future updates planned for this summer and fall, they will be able to use this tool for things like updating family status and changes in income.

For more information see the FAQs, which will continue to be updated.

Update Portal allows people to unenroll

Instead of receiving these advance payments, some families may prefer to wait until the end of the year and receive the entire credit as a refund when they file their 2021 return. In this first release of the tool, the Child Tax Credit Update Portal now enables these families to quickly and easily unenroll from receiving monthly payments.

The unenroll feature can also be helpful to any family that no longer qualifies for the Child Tax Credit or believes they will not qualify when they file their 2021 return. This could happen if, for example:

Their income in 2021 is too high to qualify them for the credit.

Someone else (an ex-spouse or another family member, for example) qualifies to claim their child or children as dependents in 2021.

Their main home was outside of the United States for more than half of 2021.

Accessing the Update Portal

To access the Child Tax Credit Update Portal, a person must first verify their identity. If a person has an existing IRS username or an ID.me account with a verified identity, they can use those accounts to easily sign in. People without an existing account will be asked to verify their identity with a form of photo identification using ID.me, a trusted third party for the IRS. Identity verification is an important safeguard and will protect your account from identity theft.

Anyone who lacks internet access or otherwise cannot use the online tool may unenroll by contacting the IRS at the phone number included in your outreach letter.

Who is getting a monthly payment

In general, monthly payments will go to eligible families who:

Filed either a 2019 or 2020 federal income tax return.

Used the Non-Filers tool on IRS.gov in 2020 to register for an Economic Impact Payment.

Registered for the advance Child Tax Credit this year using the new Non-Filer Sign-up Tool on IRS.gov.

An eligible family who took any of these steps does not need to do anything else to get their payments.

Normally, the IRS will calculate the advance payment based on the 2020 income tax return. If that return is not available, either because it has not yet been filed or it has not yet been processed, the IRS is instead determining the payment using the 2019 tax return.

Eligible families will receive advance payments, either by direct deposit or check. Each payment will be up to $300 per month for each child under age 6 and up to $250 per month for each child ages 6 through 17. The IRS will issue advance Child Tax Credit payments on these dates: July 15, August 13, September 15, October 15, November 15 and December 15.

The IRS urges any family who hasn't yet filed their 2020 return – or 2019 return – to do so as soon as possible so they can receive any advance payment they're eligible for. At the same time, the agency cautions that tax returns must be processed by June 28 to be reflected in the first batch of monthly payments scheduled for July 15, so eligible families filing now will likely receive payments in the following months. Even if monthly payments begin after July, the IRS will adjust the monthly amounts upward to ensure that people still receive half of their total eligible Child Tax Credit benefit by the end of the year.

Filing soon will also ensure that the IRS has their most current bank account information, as well as key details about qualifying family members. This includes people who don't normally file a tax return, such as families experiencing homelessness and people in underserved groups.

For most people, the fastest and easiest way to file a return is by using IRS Free File, available only on IRS.gov. Besides qualifying them for these advance payments, using Free File will also enable them to claim other family-oriented tax benefits, if eligible, such as the Earned Income Tax Credit and the Recovery Rebate Credit/Economic Impact Payments.

New tool helps non-filers register

For families who don't normally file an income tax return, another easy option is to register for these advance payments using the new Non-filer Sign-up Tool, introduced recently, and available only on IRS.gov. Among other things, the tool asks users to supply current bank information, along with key details about themselves and their qualifying children. The tool then automatically fills in a very basic 2020 federal income tax return that is electronically sent to the IRS. The new tool was developed in partnership with Intuit and the Free File Alliance.

Child Tax Credit Eligibility Assistant unveiled

Before filing a return or using the Non-filer Sign-up Tool, families unsure of whether they qualify for either the credit or the advance payments may want to check out another new tool — the Child Tax Credit Eligibility Assistant. By answering a series of questions, the tool helps people determine if they qualify for the credit and the payments.

The IRS emphasized that because the Child Tax Credit Eligibility Assistant requests no personalized information, it is not a registration tool, but merely an eligibility tool. Nevertheless, it can still help an eligible family determine whether they should take the next step and either file an income tax return or register using the Non-filer Sign-up Tool.

Personal help available

IRS and its partners are helping families register for the payments using the Non-filer Sign-up Tool. During late June and early July, free events will take place in Atlanta, Brooklyn, Detroit, Houston, Las Vegas, Los Angeles, Miami, Milwaukee, Philadelphia, Phoenix, St. Louis and Washington, D.C. More details will be available soon on IRS.gov.

Child Tax Credit 2021

The IRS has created a special Advance Child Tax Credit 2021 page, designed to provide the most up-to-date information about the credit and the advance payments. It's at IRS.gov/childtaxcredit2021.

Among other things, it provides direct links to the Non-Filer Sign Up Tool, the Child Tax Credit Update Portal, the Child Tax Credit Eligibility Assistant, a set of frequently asked questions and other useful resources.

Child Tax Credit changes

The American Rescue Plan raised the maximum Child Tax Credit in 2021 to $3,600 for children under the age of 6 and to $3,000 per child for children ages 6 through 17. Before 2021, the credit was worth up to $2,000 per eligible child.

The new maximum credit is available to taxpayers with a modified adjusted gross income (AGI) of:

$75,000 or less for singles,

$112,500 or less for heads of household and

$150,000 or less for married couples filing a joint return and qualified widows and widowers.

For most people, modified AGI is the amount shown on Line 11 of their 2020 Form 1040 or 1040-SR. Above these income thresholds, the extra amount above the original $2,000 credit — either $1,000 or $1,600 per child — is reduced by $50 for every $1,000 in modified AGI. In addition, the credit is fully refundable for 2021. This means that eligible families can get it, even if they owe no federal income tax. Before this year, the refundable portion was limited to $1,400 per child.

Help spread the word

The IRS urges community groups, non-profits, associations, education organizations and anyone else with connections to people with children to share this critical information about the Child Tax Credit as well as other important benefits. Among other things, the IRS is already working closely with its community partners to ensure wide access to the Non-filer Sign-up Tool and the Child Tax Credit Update Portal. The agency is also providing additional materials and information that can be easily shared by social media, email and other methods.

For the most up-to-date information on the Child Tax Credit and advance payments, visit Advance Child Tax Credit Payments in 2021.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS        

IRS anuncia dos nuevas herramientas en línea para ayudar a familias a administrar pagos del Crédito tributario por hijos

Posted by Admin Posted on June 30 2021

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 El Servicio de Impuestos Internos lanzó hoy dos nuevas herramientas en línea diseñadas para ayudar a las familias a administrar y monitorizar los pagos mensuales adelantados del Crédito tributarios por hijos bajo el Plan de Rescate Estadounidense. Estas dos nuevas herramientas se suman a la herramienta Non-filer Sign-up, anunciada la semana pasada, para que las familias que normalmente no tienen que presentar una declaración de impuestos puedan inscribirse rápidamente para el Crédito tributario por hijos.

El nuevo Asistente de elegibilidad del Crédito tributario por hijos (en inglés) permite a las familias responder a una serie de preguntas para determinar rápidamente si califican para el crédito por adelantado.

El Portal de actualización del Crédito tributario por hijos (en inglés) permite a las familias verificar su elegibilidad para los pagos y, si así lo desean, cancelar la inscripción u optar por no recibir los pagos mensuales para que puedan recibir una suma global cuando presenten su declaración de impuestos el próximo año. Esta herramienta segura y protegida por contraseña está disponible para cualquier familia elegible con acceso a Internet y un teléfono inteligente o computadora. Las versiones futuras de la herramienta previstas para el verano y el otoño permitirán a las personas ver su historial de pagos, ajustar la información de la cuenta bancaria o las direcciones de correo y otras funciones. También está prevista una versión en español.

Tanto el Asistente de elegibilidad para el Crédito tributario por hijos como el Portal de actualización del Crédito tributario por hijos están disponibles ahora en IRS.gov.

El Plan de Rescate Estadounidense aumentó el monto máximo del Crédito tributario por hijos en 2021 a $3,600 por niño para niños menores de 6 años y a $3,000 por niño para niños de 6 a 17 años. Los pagos anticipados del Crédito tributario por hijos, que generalmente se realizarán el 15 de cada mes, crean certeza financiera para que las familias planifiquen sus presupuestos. Las familias elegibles recibirán un pago de hasta $300 por mes por cada niño menor de 6 años, y hasta $250 por mes por cada niño de 6 a 17 años. El 15 de julio se realizará el primer pago mensual del Crédito tributario por hijos ampliado. La mayoría de las familias comenzarán a recibir pagos mensuales automáticamente el próximo mes sin que se requiera ninguna acción adicional.

"Los empleados del IRS continúan trabajando duro para ayudar a las personas a recibir este importante crédito", dijo Chuck Rettig, Comisionado del IRS. "El Portal de actualización es una pieza clave entre las tres nuevas herramientas ahora disponibles en IRS.gov para ayudar a las familias a comprender, inscribirse y monitorizar estos pagos. Trabajaremos en todo el país con grupos asociados para compartir información y ayudar a las personas elegibles a recibir los pagos por adelantado".

Mejoras futuras pronto llegaran al Portal de actualización

Próximamente, las familias podrán usar el Portal de actualización del Crédito tributario por hijos para verificar el estado de sus pagos. A fines de junio, las personas podrán actualizar la información de su cuenta bancaria para los pagos a partir de agosto. A principios de agosto, se planifica una función que permitirá a las personas actualizar su dirección postal. Luego, en futuras actualizaciones planificadas para este verano y otoño, podrán usar esta herramienta para cosas como actualizar el estado de la familia y cambios en los ingresos.

Para obtener más información, consulte las preguntas frecuentes, que seguirán actualizándose.

Portal de actualización permite a las personas a cancelar su inscripción

En lugar de recibir estos pagos por adelantado, algunas familias pueden preferir esperar hasta fin de año y recibir el crédito completo como reembolso cuando presenten su declaración de 2021. El Portal de actualización del Crédito tributario por hijos ahora permite a estas familias cancelar su inscripción de los pagos mensuales de manera rápida y fácil.

La función para cancelar también puede ser útil para cualquier familia que ya no califica para el Crédito tributario por hijos o cree que no calificará cuando presente su declaración de 2021. Esto podría ocurrir si, por ejemplo:

  • Sus ingresos en 2021 son demasiado altos para calificarlos para el crédito.
  • Alguien más (un excónyuge u otro miembro de la familia, por ejemplo) ahora califica para reclamar a su hijo o hijos como dependientes.
  • Su hogar principal estuvo fuera de los Estados Unidos durante más de la mitad de 2021.

Acceder al portal

Para acceder al Portal de actualización del Crédito tributario por hijos, una persona debe primero verificar su identidad. Si una persona tiene un nombre de usuario del IRS existente o una cuenta ID.me (en inglés) con una identidad verificada, puede usar esas cuentas para iniciar sesión fácilmente. A las personas sin una cuenta existente se les pedirá que verifiquen su identidad con una forma de identificación con foto a través de ID.me, un tercero de confianza para el IRS. La verificación de identidad es una protección importante y protegerá su cuenta del robo de identidad.

Cualquier persona que no tenga acceso a Internet o que no pueda usar la herramienta en línea puede cancelar su inscripción comunicándose con el IRS al número de teléfono incluido en su carta de divulgación.

¿Quién recibe el pago mensual?

Por lo general, los pagos mensuales se emitirán a las familias elegibles que:

  • Presentaron una declaración de impuestos federales de 2019 o 2020.
  • Usaron la herramienta Non-Filers en IRS.gov para inscribirse para un pago de impacto económico en 2020.
  • Se inscribieron para el Crédito tributario por hijos por adelantado mediante la nueva herramienta Non-Filer Sign-up en IRS.gov.

Una familia elegible que hizo una de estas cosas no necesita tomar ninguna acción para obtener su pago.

Normalmente, el IRS calculará la cantidad del pago a base de la declaración de impuestos de 2020. Si esa declaración no está disponible, ya sea porque aún no se ha presentado o procesado, el IRS determinará la cantidad del pago con la declaración de 2019.

Las familias elegibles comenzarán a recibir pagos por adelantado, ya sea mediante depósito directo o cheque. El pago será de hasta $300 por mes por cada niño calificado menor de 6 años y hasta $250 por mes por cada niño calificado de 6 a 17 años. El IRS emitirá pagos por adelantado del Crédito tributario por hijos: el 15 de julio, el 13 de agosto, el 15 de septiembre, el 15 de octubre, el 15 de noviembre y el 15 de diciembre.

El IRS insta a cualquier familia que aún no haya presentado su declaración de 2020 - o su declaración de 2019 - a hacerlo lo antes posible para que puedan recibir cualquier pago por adelantado para el que sean elegibles. Al mismo tiempo, la agencia advirtió que una presentación ahora es demasiado tarde para que se refleje en el primer lote de pagos mensuales programados para el 15 de julio. Pero la presentación ahora todavía permitirá que las familias elegibles reciban pagos a finales de este año. Incluso si los pagos mensuales comienzan después de julio, los montos mensuales aún se ajustarán al aumento para asegurar que todavía reciban la mitad de su beneficio elegible total del Crédito tributario por hijos.

Presentar pronto también asegurará que el IRS tenga su información bancaria más actualizada, así como detalles clave acerca de los miembros de la familia que califican. Esto incluye a las personas que normalmente no presentan una declaración de impuestos, como las familias sin hogar, los pobres en áreas rurales y otros grupos desamparados.

Para la mayoría de las personas, la manera más rápida y fácil de presentar una declaración es mediante el sistema de Free File del IRS, disponible sólo en IRS.gov. Además de calificarlos para estos pagos por adelantado, el uso de Free File también les permitirá reclamar otros beneficios tributarios orientados a la familia, como el Crédito tributario por ingreso del trabajo y el Crédito de recuperación de reembolso.

Nueva herramienta ayuda a los que no presentan impuestos a inscribirse

Para las familias que normalmente no presentan una declaración, otra opción fácil es inscribirse para estos pagos por adelantado a través de la nueva herramienta Non-Filer Sign-up presentada recientemente y disponible solo en IRS.gov. Entre otras cosas, la herramienta pide a los usuarios que proporcionen información bancaria actualizada, junto con detalles clave acerca de ellos mismos y sus hijos calificados. La herramienta entonces completa automáticamente una declaración de impuestos federales de 2020 que se envía electrónicamente al IRS. La nueva herramienta fue desarrollada en colaboración con Intuit y Free File Alliance.

Asistente de elegibilidad del Crédito tributario por hijos

Antes de presentar una declaración o usar la herramienta Non-Filer Sign-up, las familias que no están seguras si califican para el crédito o los pagos por adelantado tal vez quieran usar otra nueva herramienta: el Asistente de elegibilidad del Crédito tributario por hijos. Al contestar una serie de preguntas, la herramienta permite a cualquier persona hacer una determinación preliminar de si califican para el crédito y los pagos.

El IRS destacó que debido a que el Asistente de elegibilidad del Crédito tributario por hijos no solicita información personal, no es una herramienta de inscripción, sino simplemente una herramienta de elegibilidad. Sin embargo, aún puede ayudar a una familia elegible a determinar si debe hacer el siguiente paso y presentar una declaración o inscribirse oficialmente con la herramienta Non-Filer Sign-up.

Ayuda personal disponible

El IRS y sus socios ayudan a las familias a inscribirse para los pagos a través de la herramienta Non-Filer Sign-up. Durante finales de junio y principios de julio, se llevarán a cabo eventos gratuitos en Atlanta, Brooklyn, Detroit, Houston, Las Vegas, Los Ángeles, Miami, Milwaukee, Filadelfia, Phoenix, St. Louis y Washington, DC. Más detalles próximamente en IRS.gov.

Crédito tributario por hijos de 2021

El IRS creó una página especial del pago por adelantado del Crédito tributario por hijos de 2021 y está diseñada para proporcionar la información más actualizada acerca del crédito y los pagos por adelantado. Está en IRS.gov/creditoporhijos2021.

Entre otras cosas, proporciona enlaces directos a la herramienta Non-Filer Sign-up, el Portal de actualización del Crédito tributario por hijos, el Asistente de elegibilidad del Crédito tributario por hijos, un conjunto de preguntas frecuentes y otros recursos útiles.

Cambios al Crédito tributario por hijos

El Plan de Rescate Estadounidense elevó el máximo del Crédito tributario por hijos en 2021 a $3,600 para niños calificados menores de 6 años y a $3,000 por niño para niños calificados entre 6 y 17 años. Antes de 2021, el crédito valía hasta $2,000 por niño calificado elegible y los de 17 años no se consideraban niños calificados para el crédito.

El nuevo crédito máximo está disponible para los contribuyentes con un ingreso bruto ajustado modificado (AGI) de:

  • $75,000 o menos para personas solteras,
  • $112,500 o menos para jefes de hogar y
  • $150,000 o menos para parejas casadas que presentan una declaración conjunta y para viudas y viudos calificados.

Para la mayoría de las personas, el AGI modificado es la cantidad que se muestra en la línea 11 de su Formulario 1040 o 1040-SR de 2020. Por encima de estos umbrales de ingresos, la cantidad adicional por encima del crédito original de $2,000, ya sea $1,000 o $1,600 por hijo, se reduce en $50 por cada $1,000 adicional en AGI modificado.

Además, todo el crédito es totalmente reembolsable para 2021. Esto significa que las familias elegibles pueden obtenerlo, incluso si no deben impuestos federales. Antes de este año, la porción reembolsable estaba limitada a $1,400 por hijo.

Ayude a correr la voz

El IRS insta a los grupos comunitarios, organizaciones sin fines de lucro, asociaciones, grupos educativos y cualquier otra persona con conexiones con personas con niños a compartir esta información crítica acerca del pago por adelantado del Crédito tributario por hijos, así como otros beneficios importantes. Entre otras cosas, el IRS ya trabaja en estrecha colaboración con grupos de la comunidad para garantizar un acceso amplio a la herramienta Non-Filer Sign-up. El IRS proveerá materiales e información adicional en el futuro que se pueden compartir fácilmente a través de las redes sociales, correo electrónico y otros métodos.

Para obtener información más actualizada del Crédito tributario por hijo y los pagos por adelantado, visite Pagos por adelantado del Crédito tributario por hijos en 2021.

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente:  IRS

Herramienta en línea del IRS ayuda a familias a ver si califican para Crédito tributario por hijos; una de tres herramientas ahora disponibles para próximos pagos por adelantado

Posted by Admin Posted on June 30 2021

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El Departamento del Tesoro y el Servicio de Impuestos Internos exhortaron hoy a las familias a tomar ventaja de una herramienta en línea especial que puede ayudarles a determinar si califican para el Crédito tributario por hijos y los pagos mensuales por adelantado programados para el 15 de julio.

Disponible únicamente en IRS.gov, el nuevo Asistente de elegibilidad para los pagos por adelantado del Crédito tributario por hijos, lanzado a principios de semana, es interactivo y fácil de usar. Al contestar una serie de preguntas personales y de sus familiares, un padre u otro miembro de la familia puede determinar rápidamente si califica para el crédito.

Aunque cualquiera puede usar esta herramienta, puede ser especialmente útil para las familias que normalmente no presentan una declaración de impuestos federales y aún no han presentado una declaración de impuestos de 2019 o 2020. A menudo, se trata de personas que reciben pocos o ningún ingreso e incluso las personas sin hogar, los hogares de bajos ingresos y otros grupos desamparados. El uso de esta herramienta puede ayudarles a decidir si deben hacer el siguiente paso e inscribirse para los pagos de Crédito tributario por hijos en otra nueva herramienta del IRS que se lanzó a principios de esta semana.

"Esta nueva herramienta proporciona un primer paso importante para ayudar a las personas a entender si califican para el Crédito tributario por hijos, lo cual es especialmente importante para aquellos que normalmente no presentan una declaración de impuestos", dijo Chuck Rettig, Comisionado del IRS. "El Asistente de elegibilidad trabaja en conjunto con otras funciones en IRS.gov para ayudar a las personas a recibir este importante crédito. El IRS trabaja arduamente para entregar el Crédito tributario por hijos ampliado, y estaremos emitiendo ayuda adicional para los contribuyentes en el futuro cercano. Siempre que sea posible, ayúdenos a ayudar a otros distribuyendo información del Crédito tributario por hijos en sus comunidades".

Para ayudar a las personas a entender y recibir este beneficio, el IRS creó una página especial del pago por adelantado del Crédito tributario por hijos de 2021 en IRS.gov/creditoporhijos2021 y está diseñada para proporcionar la información más actualizada acerca del crédito y los pagos por adelantado. Entre otras cosas, la página ya cuenta con un enlace a la herramienta Non-Filer Sign-up, y el Asistente de elegibilidad del Crédito tributario por hijos, así como una tercera herramienta lanzada a principios de semana, el Portal de actualización del Crédito tributario por hijos.

El Asistente de elegibilidad del Crédito tributario por hijos no solicita ninguna información de identificación personal (PII, por sus siglas en inglés) para ningún miembro de la familia. Por esa razón, sus resultados no son una determinación oficial del IRS. Aunque los resultados son confiables, si las preguntas se contestan con exactitud, deben considerarse hipotéticas o preliminares. Ni las respuestas proporcionadas por el usuario, ni los resultados, son retenidos por el IRS.

Después de verificar con el Asistente de elegibilidad, la herramienta Non-Filer Sign-up está disponible para ayudar a aquellos que normalmente no presentan declaraciones de impuestos

La herramienta Non-Filer Sign-up está diseñada para ayudar a las familias elegibles que normalmente no presentan declaraciones de impuestos a inscribirse para los pagos mensuales del Crédito tributario por hijos.

Esta herramienta, una actualización de la herramienta Non-Filers del IRS para los Pagos del impacto económico del año pasado, también está diseñada para ayudar a las personas elegibles que normalmente no presentan declaraciones de impuestos, a inscribirse para la tercera ronda de Pagos de impacto económico de $1,400 (también conocidos como cheques de estímulo) y reclamar el Crédito de recuperación de reembolso por cualquier monto de las dos primeras rondas de Pagos de impacto económico que no hayan recibido.

Desarrollada en colaboración con Intuit y ofrecida a través de Free File Alliance, esta herramienta proporciona una manera gratis y fácil para las personas elegibles que no tienen la obligación de presentar una declaración de impuestos proporcionarle al IRS la información necesaria para calcular y emitir sus pagos por adelantando del Crédito tributario por hijos. Esto incluye nombre, dirección y números de Seguro Social. Esto también les permite proveer información de sus hijos calificados menores de 17 años, sus otros dependientes, y su información bancaria de depósito directo para que el IRS pueda depositar de una manera rápida y fácil los pagos directamente en su cuenta de cheques o ahorros. Está disponible sólo en IRS.gov.

La herramienta Non-Filer Sign-up no debe usarla cualquier persona que ha presentado una declaración de impuestos federales de 2019 o 2020.

La mayoría de las familias no tienen que hacer nada

Las familias elegibles que ya presentaron o tienen planes de presentar declaraciones de impuestos de 2019 o 2020 no deben usar la herramienta Non-Filer Sign-up. Una vez que el IRS procese su declaración de impuestos de 2019 o 2020, la información se usará para determinar la elegibilidad y emitir pagos por adelantado.

Las familias que deseen reclamar otros beneficios tributarios, como el Crédito tributario por ingreso del trabajo para familias de ingresos bajos y moderados, no deben usar esta herramienta y deben presentar una declaración de impuestos regular. Para ellos, la manera más rápida y fácil de presentar una declaración es el sistema de Free File, disponible sólo en IRS.gov.

Cuidado con las estafas

El IRS insta a todos a estar atentos a las estafas relacionadas tanto con los pagos por adelantado del Crédito tributario por hijos como de los Pagos de impacto económico. El IRS destacó que la única manera de obtener cualquiera de estos beneficios es al presentar una declaración de impuestos con el IRS o inscribirse en línea a través de la herramienta Non-Filer Sign-up, únicamente en IRS.gov. Cualquier otra opción es una estafa.

Tenga cuidado con las estafas por correo electrónico, llamadas telefónicas o mensajes de texto relacionados con los pagos. Recuerde, el IRS nunca envía comunicaciones electrónicas no solicitadas para pedir que abra archivos adjuntos o visite un sitio web no gubernamental.

Portal de actualización del Crédito tributario por hijos

A principios de esta semana, el Departamento del Tesoro y el IRS lanzaron otra herramienta útil, el Portal de actualización del Crédito tributario por hijos. Inicialmente, esta herramienta solo permite a cualquiera persona que haya sido determinada elegible recibir los pagos por adelantado, ver su elegibilidad y cancelar inscripción u optar por no participar en el programa de pagos por adelantado. Más adelante, se les permitirá a las personas verificar el estado de sus pagos y hacer actualizaciones a su información, incluyendo la información de su cuenta bancaria. Más tarde en el año la herramienta también estará disponible en español.

Grupos comunitarios pueden ayudar

El IRS insta a los grupos comunitarios, organizaciones sin fines de lucro, asociaciones, grupos educativos y cualquier otra persona con conexiones con personas con niños a compartir esta información crítica acerca del pago por adelantado del Crédito tributario por hijos, así como otros beneficios importantes. Entre otras cosas, el IRS ya trabaja en estrecha colaboración con sus socios comunitarios para garantizar un amplio acceso a la herramienta Non-Filer Sign-up y al Portal de actualización del Crédito tributarios por hijos. La agencia también está proporcionando materiales e información adicional que se puede compartir fácilmente a través de las redes sociales, el correo electrónico y otros métodos.

Acerca de los pagos por adelantado del Crédito tributario por hijos

El nuevo Crédito tributario por hijos ampliado fue autorizado por la Ley del Plan de Rescate Estadounidense, promulgada en marzo. Normalmente, el IRS calculará el pago de acuerdo con la información de la declaración de impuestos de una familia de 2020, incluyendo aquellos que usan la herramienta Non-Filer Sign-up. Si esa declaración no está disponible porque aún no se ha presentado o todavía se está procesando, el IRS determinará la cantidad del pago inicial con la declaración de 2019 o la información ingresada mediante la herramienta Non-Filers que estaba disponible en 2020.

El pago será de hasta $300 por mes por cada niño menor de 6 años y hasta $250 por mes por cada niño de 6 a 17 años.

Para asegurarse de que las familias tengan fácil acceso a su dinero, el IRS emitirá estos pagos por depósito directo, siempre y cuando el IRS tenga disponible la información bancaria correcta. De lo contrario las personas deben estar al pendiente de su buzón a partir del 15 de julio ya que el pago llegará por correo. Las fechas de envío de los pagos por adelantado del Crédito tributario por hijos son el 15 de julio, 15 de agosto, 15 de septiembre, 15 de octubre, 15 de noviembre y 15 de diciembre.

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente:  IRS         

IRS online tool helps families see if they qualify for the Child Tax Credit; one of three tools now available for the upcoming advance payments

Posted by Admin Posted on June 30 2021

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The Treasury Department and the Internal Revenue Service urge families to take advantage of a special online tool that can help them determine whether they qualify for the Child Tax Credit and the special monthly advance payments beginning on July 15.

Available exclusively on IRS.gov, the new Child Tax Credit Eligibility Assistant, launched earlier this week, is interactive and easy to use. By answering a series of questions about themselves and their family members, a parent or other family member can quickly determine whether they qualify for the credit.

Though anyone can use this tool, it may be particularly useful to families who don't normally file a federal tax return and have not yet filed either a 2019 or 2020 tax return. Often, these are people who receive little or no income, including those experiencing homelessness, low income households, and other underserved groups. Using this tool can help them decide whether they should take the next step and register for the Child Tax Credit payments on another new IRS tool unveiled earlier this week.

"This new tool provides an important first step to help people understand if they qualify for the Child Tax Credit, which is especially important for those who don't normally file a tax return," said IRS Commissioner Chuck Rettig. "The eligibility assistant works in concert with other features on IRS.gov to help people receive this important credit. The IRS is working hard to deliver the expanded Child Tax Credit, and we will be rolling out additional help for taxpayers in the near future. Where possible, please help us help others by distributing CTC information in your communities."

To help people understand and receive this benefit, the IRS has created a special Advance Child Tax Credit 2021 page at IRS.gov/childtaxcredit2021 designed to provide the most up-to-date information about the credit and the advance payments. Among other things, the page already features a link to both the Non-filer Sign-up Tool, and the Child Tax Credit Eligibility Assistant, along with a third tool launched earlier this week—the Child Tax Credit Update Portal.

The Child Tax Credit Eligibility Assistant does not request any personally-identifiable information (PII) for any family member. For that reason, its results are not an official determination by the IRS. Though the results are reliable, if the questions are answered accurately, they should be considered preliminary. Neither the answers supplied by the user, nor the results, are retained by the IRS.

After checking the Eligibility Assistant, Non-filer Sign-Up Tool is available to help those who don't normally file tax returns

The online Non-filer Sign-Up Tool is designed to help eligible families who don't normally file tax returns register for the monthly Advance Child Tax Credit payments.

This tool, an update of last year's IRS Economic Impact Payment Non-filers tool, is also designed to help eligible individuals who don't normally file tax returns register for the $1,400 third round of Economic Impact Payments (also known as stimulus checks) and claim the Recovery Rebate Credit for any amount of the first two rounds of Economic Impact Payments they may have missed.

Developed in partnership with Intuit and delivered through the Free File Alliance, this tool provides a free and easy way for eligible people who don't make enough income to have an income tax return-filing obligation to provide the IRS the basic information needed to figure and issue their Advance Child Tax Credit payments. This includes name, address, and social security numbers. This also enables them to provide information about their qualifying children age 17 and under, their other dependents, and their direct deposit bank information so the IRS can quickly and easily deposit the payments directly into their checking or savings account. It is available only on IRS.gov.

The Non-filer Sign-Up tool should not be used by anyone who has already filed a 2019 or 2020 federal income tax return.

No action needed by most other families

Eligible families who already filed or plan to file 2019 or 2020 income tax returns should not use the Non-filer Sign-Up Tool. Once the IRS processes their 2019 or 2020 tax return, the information will be used to determine eligibility and issue advance payments.

Families who want to claim other tax benefits, such as the Earned Income Tax Credit for low-and moderate-income families, should not use this tool and instead file a regular tax return. For them, the fastest and easiest way to file a return is the Free File system, available only on IRS.gov.

Watch out for scams

The IRS urges everyone to be on the lookout for scams related to both Advance Child Tax Credit payments and Economic Impact Payments. The IRS emphasized that the only way to get either of these benefits is by either filing a tax return with the IRS or registering online through the Non-filer Sign-up Tool, exclusively on IRS.gov. Any other option is a scam.

Watch out for scams using email, phone calls or texts related to the payments. Remember, the IRS never sends unsolicited electronic communications asking anyone to open attachments or visit a non-governmental web site.

Child Tax Credit Update Portal

Earlier this week, Treasury and IRS launched another useful tool, the Child Tax Credit Update Portal. Initially, this tool only enables anyone who has been determined to be eligible for advance payments to see that they are eligible and unenroll from (opt out of) the advance payment program. Later, it will allow people to check on the status of their payments and make updates to their information, including their bank account information. Later this year, the tool will also be available in Spanish.

Community partners can help

The IRS urges community groups, non-profits, associations, education organizations and anyone else with connections to people with children to share this critical information about the Advance Child Tax Credit as well as other important benefits. Among other things, the IRS is already working closely with its community partners to ensure wide access to the Non-filer Sign-up Tool and the Child Tax Credit Update Portal. The agency is also providing additional materials and information that can be easily shared by social media, email and other methods.

About the Advance Child Tax Credit

The expanded and newly-advanceable Child Tax Credit was authorized by the American Rescue Plan Act, enacted in March. Normally, the IRS will calculate the payment based on a family's 2020 tax return, including those who use the Non-filer Sign-up Tool. If that return is not available because it has not yet been filed or is still being processed, the IRS will instead determine the initial payment amounts using the 2019 return or the information entered using the Non-filers tool that was available in 2020.

The payment will be up to $300 per month for each child under age 6 and up to $250 per month for each child age 6 through 17.

To make sure families have easy access to their money, the IRS will issue these payments by direct deposit, as long as correct banking information has previously been provided to the IRS. Otherwise, people should watch their mail around July 15 for their mailed payment. The dates for the Advance Child Tax Credit payments are July 15, August 13, September 15, October 15, November 15, and December 15.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS      

 

Revisiting Worker Classification Rules

Posted by Admin Posted on June 09 2021

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Over the last year, many companies have experienced workforce fluctuations and have engaged independent contractors to address staffing needs. In May, the U.S. Department of Labor (DOL) announced that it had withdrawn the previous administration’s independent contractor rule that had been scheduled to go into effect earlier this year. That rule generally would have made it easier to classify certain workers as independent contractors for the purposes of the Fair Labor Standards Act (FLSA), and thus make them ineligible for minimum wage and other FLSA protections.

While worker classification for DOL purposes isn’t necessarily the same for IRS purposes, now is a good time to revisit the federal tax implications of worker classification.

Tax obligations

The question of whether a worker is an independent contractor or an employee for federal income and employment tax purposes is a complex one. If a worker is an employee, the company must withhold federal income and payroll taxes, and pay the employer’s share of FICA taxes on the wages, plus FUTA tax. And there may be state tax obligations as well.

These obligations don’t apply if a worker is an independent contractor. In that case, the business simply sends the contractor a Form 1099-NEC for the year showing the amount paid (if the amount is $600 or more).

No uniform definition

The IRS and courts have generally ruled that individuals are employees if the organization they work for has the right to control and direct them in the jobs they’re performing. Otherwise, the individuals are generally independent contractors, though other factors are considered.

Some employers that have misclassified workers as independent contractors may get some relief from employment tax liabilities under Internal Revenue Code Section 530. In general, this protection applies only if an employer filed all federal returns consistent with its treatment of a worker as a contractor and treated all similarly situated workers as contractors.

The employer must also have a “reasonable basis” for not treating the worker as an employee. For example, a “reasonable basis” exists if a significant segment of the employer’s industry traditionally treats similar workers as contractors. (Note: Sec. 530 doesn't apply to certain types of technical services workers. And some categories of individuals are subject to special rules because of their occupations or identities.)

Asking for a determination

Under certain circumstances, you may want to ask the IRS (on Form SS-8) to rule on whether a worker is an independent contractor or employee. However, be aware that the IRS has a history of classifying workers as employees rather than independent contractors.

Consult a CPA before filing Form SS-8 because doing so may alert the IRS that your company has worker classification issues — and inadvertently trigger an employment tax audit. It may be better to ensure you are properly treating a worker as an independent contractor so that the relationship complies with the tax rules.

Latest developments

With growth in the “gig” economy and other changes to the ways Americans are working, the question of who is an independent contractor and who is an employee will likely continue to evolve. Stay tuned for the latest developments and contact us for any help you may need with worker classification.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: Thomson Reuters    

How do I find my refund information?

Posted by Admin Posted on June 09 2021

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If you filed a 2020 tax return and are expecting a refund from the IRS, you may want to find out the status of the refund or at least get an idea of when you might receive it. You can start checking on the status of your refund within 24 hours after the IRS has received your electronically-filed return or 4 weeks after you mailed a paper return. Currently you might be waiting a bit longer to receive it due to the effects of COVID-19, new tax law changes, and possible errors made on the tax return. However, here are the best ways to find the status of a refund:

Also see “Tax Season Refund Frequently Asked Questions” for what these applications can tell you and what they can’t.

Do not call the IRS unless instructed by the application to call. These online tools are updated every 24 hours and truly are the best way to get your refund status.

What you will need to use the above tools

  • Social security number (SSN) or Individual Taxpayer Identification Number (ITIN)
  • Your filing status
  • Your exact refund amount

Be aware of processing delays

Again, this year some tax returns with errors or items on the return that need an IRS correction due to a tax law change are taking longer than the normal timeframes to process, so expect delays. In a nutshell, it is taking the IRS more than the normal 21 days to issue refunds for some 2020 tax returns that require review, including but not limited to, incorrect Recovery Rebate Credit amounts, or that used 2019 income to figure the Earned Income Tax Credit (EITC) and Additional Child Tax Credit (ACTC).

See our NTA blogs titled “2021 Filing Season Bumps in the Road: Part I,” “2021 Filing Season Bumps in the Road: Part II” and the IRS’s Operational Status page, question and answer titled: Filed an Individual Tax Return (Form 1040) for tax year 2019 or tax year 2020, a Business Tax Return or an Amended Return (updated May 7, 2021) for details of why delays may occur.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: TAS          

2 More Ways Parents Are Benefitting From the American Rescue Plan Act

Posted by Admin Posted on June 09 2021

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When you think back on this spring, you may fondly recall a substantial deposit made to your bank account by the federal government (if you were eligible). Economic Impact Payments were a focal point of the American Rescue Plan Act (ARPA), signed into law in March, and the payments were even larger for parents with dependent children. But ARPA contains two other provisions that benefit parents:

1. Child credit expansion and advance payments. For 2021, this refundable tax credit has been increased from $2,000 to $3,000 per child — $3,600 for children under six years of age. In addition, qualifying children now include 17-year-olds.

The child credit is subject to modified adjusted gross income (AGI) phaseout rules and begins to phase out when MAGI exceeds:

  • $400,000 for married couples who file a joint return, and
  • $200,000 for other taxpayers.

The increased credit amount ($1,000 or $1,600) is subject to lower income phaseouts than the ones that apply to the first $2,000 of the credit. The increased amount begins to phase out when MAGI exceeds:

  • $150,000 for joint filers,
  • $112,500 for heads of household, and
  • $75,000 for other taxpayers.

ARPA also calls for the IRS to make periodic advance payments of the child credit totaling 50% of the estimated 2021 credit amount. The IRS has announced the payments will begin on July 15, 2021. They’ll then be made on the 15th of each month (unless the 15th falls on a weekend or holiday).

Recipients will receive the monthly payments through direct deposit, paper check or debit cards. The IRS says that it is committed to maximizing the use of direct deposit.

2. Child and dependent care break increases. For 2021, the amount of qualifying expenses for the refundable child and dependent care credit has been increased to:

1. $8,000 (from $3,000) if there’s one qualifying care individual, and

2. $16,000 (from $6,000) if there are two or more such individuals.

The maximum percentage of qualifying expenses for which credit is allowed has been increased from 35% to 50%. So the credit ultimately is worth up to $4,000 or $8,000. But the credit is subject to an income-based phaseout beginning at household income levels exceeding $125,000.

The amount you can contribute to a child and dependent care Flexible Spending Account (FSA, also sometimes referred to as a “dependent care assistance program”) also has been increased. For 2021, it’s $10,500 (up from $5,000 for 2020). The FSA pays or reimburses you for these expenses. But you can’t claim a tax credit for expenses paid by or reimbursed through an FSA.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: Thomson Reuters 

IRS sending letters to more than 36 million families who may qualify for monthly Child Tax Credits; payments start July 15

Posted by Admin Posted on June 09 2021

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WASHINGTON — The Internal Revenue Service has started sending letters to more than 36 million American families who, based on tax returns filed with the agency, may be eligible to receive monthly Child Tax Credit payments starting in July.

The expanded and newly-advanceable Child Tax Credit was authorized by the American Rescue Plan Act, enacted in March. The letters are going to families who may be eligible based on information they included in either their 2019 or 2020 federal income tax return or who used the Non-Filers tool on IRS.gov last year to register for an Economic Impact Payment.

Families who are eligible for advance Child Tax Credit payments will receive a second, personalized letter listing an estimate of their monthly payment, which begins July 15.

Most families do not need to take any action to get their payment. Normally, the IRS will calculate the payment amount based on the 2020 tax return. If that return is not available, either because it has not yet been filed or it has not yet been processed, the IRS will instead determine the payment amount using the 2019 return.

Eligible families will begin receiving advance payments, either by direct deposit or check. The payment will be up to $300 per month for each qualifying child under age 6 and up to $250 per month for each qualifying child ages 6 to 17.The IRS will issue advance Child Tax Credit payments on July 15, August 13, September 15, October 15, November 15 and December 15.

Eligible families should file tax returns soon

The IRS urges individuals and families who haven't yet filed their 2020 return – or 2019 return – to do so as soon as possible so they can receive any advance payment they're eligible for.

Filing soon will also ensure that the IRS has their most current banking information, as well as key details about qualifying children. This includes people who don't normally file a tax return, such as families experiencing homelessness, the rural poor, and other underserved groups.

For most people, the fastest and easiest way to file a return is by using the Free File system, available only on IRS.gov.

Throughout the summer, the IRS will be adding additional tools and online resources to help with the advance Child Tax Credit. One of these tools will enable families to unenroll from receiving these advance payments and instead receive the full amount of the credit when they file their 2021 return next year.

Additionally, later this year, individuals and families will also be able to go to IRS.gov and use a Child Tax Credit Update Portal to notify IRS of changes in their income, filing status, or number of qualifying children; update their direct deposit information; and make other changes to ensure they are receiving the right amount as quickly as possible.

Other tools coming soon

The IRS has created a special Advance Child Tax Credit 2021 page at IRS.gov/childtaxcredit2021, designed to provide the most up-to-date information about the credit and the advance payments.

In the next few weeks, the page will also feature other useful new online tools, including:

  • An interactive Child Tax Credit eligibility tool to help families determine whether they qualify for the Advance Child Tax Credit payments.
  • Another tool, the Child Tax Credit Update Portal, will initially enable anyone who has been determined to be eligible for advance payments unenroll/ to opt out of the advance payment program. Later this year, it will allow people to check on the status of their payments, make updates to their information, and be available in Spanish. More details will be available soon about the online Child Tax Credit Update Portal.

Child Tax Credit Changes

The American Rescue Plan raised the maximum Child Tax Credit in 2021 to $3,600 for qualifying children under the age of 6 and to $3,000 per child for qualifying children between ages 6 and 17. Before 2021, the credit was worth up to $2,000 per eligible child, and 17 year-olds were not considered as qualifying children for the credit.

The new maximum credit is available to taxpayers with a modified adjusted gross income (AGI) of:

  •  $75,000 or less for singles,
  •  $112,500 or less for heads of household, and
  •  $150,000 or less for married couples filing a joint return and qualified widows and widowers.

For most people, modified AGI is the amount shown on Line 11 of their 2020 Form 1040 or 1040-SR. Above these income thresholds, the extra amount above the original $2,000 credit — either $1,000 or $1,600 per child — is reduced by $50 for every extra $1,000 in modified AGI.

In addition, the entire credit is fully refundable for 2021. This means that eligible families can get it, even if they owe no federal income tax. Before this year, the refundable portion was limited to $1,400 per child.

The IRS urges community groups, non-profits, associations, education organizations, and others with connections to people with children to share this critical information about the Child Tax Credit as well as other important benefits. The IRS will be providing in the near future additional materials and information that can be easily shared by social media, email and other methods.

For the most up-to-date information on the Child Tax Credit and advance payments, visit Advance Child Tax Credit Payments in 2021.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS          

-IRS sending more than 2.8 million refunds to those who already paid taxes on 2020 unemployment compensation.

Posted by Admin Posted on June 09 2021

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WASHINGTON — The Internal Revenue Service is sending more than 2.8 million refunds this week to taxpayers who paid taxes on unemployment compensation that new legislation now excludes as income.

IRS efforts to correct unemployment compensation overpayments will help most affected taxpayers avoid filing an amended tax return. So far, the IRS has identified 13 million taxpayers that may be eligible for the adjustment. Some will receive refunds, which will be issued periodically, and some will have the overpayment applied to taxes due or other debts. For some there will be no change.

The American Rescue Plan Act of 2021 (ARPA) excluded up to $10,200 in unemployment compensation per taxpayer paid in 2020. The $10,200 is the maximum amount that can be excluded when calculating taxable income; it is not the amount of refunds.

Earlier this month, the IRS began its programming review of tax returns filed prior to the enactment of ARPA to identify the excludible unemployment compensation. The IRS also is making corrections for the Earned Income Tax Credit, Premium Tax Credit and Recovery Rebate Credit affected by the exclusion.

Taxpayers who have qualifying children and who become eligible for EITC after the exclusion is calculated may have to file an amended return to claim any new benefits. The IRS can adjust tax returns for those who are single with no children and who become eligible for EITC. The IRS also can adjust tax returns where EITC was claimed and qualifying children identified.

To date, the IRS has reviewed over 3.1 million returns, with more than 2.8 million receiving refunds.

The IRS plans to issue the next set of refunds in mid-June. The review of returns and processing corrections will continue during the summer as the IRS continues to review the simplest returns and then turns to more complex returns.

Taxpayers will receive letters from the IRS, generally within 30 days of the adjustment, informing them of what kind of adjustment was made (such as refund, payment of IRS debt payment or payment offset for other authorized debts) and the amount of the adjustment.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS    

What taxpayers need to know about getting their unclaimed 2017 tax refunds

Posted by Admin Posted on May 27 2021

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The IRS reminds taxpayers they may have money waiting for them. An estimated 1.3 million taxpayers didn't file a 2017 Form 1040 federal income tax return and are due a refund.

Here are some things taxpayers should know about these unclaimed refunds:

To collect the money, taxpayers must file their 2017 tax return with the IRS no later than this year's tax deadline, Monday, May 17.

When a taxpayer who is getting a refund does not file a return, the law gives them three years to claim that tax refund. If the taxpayer does not file a tax return within three years, the money goes back to the U.S. Treasury. For 2017 tax returns, the three-year window closes May 17, 2021.

The law requires taxpayers to properly address and mail the tax return to the IRS. It must be postmarked by the May deadline.

The IRS may hold the 2017 refunds of taxpayers who have not filed tax returns for 2018 and 2019.

The unclaimed money will be applied to any amounts still owed to the IRS or a state tax agency. The money may also be used to offset unpaid child support or past due federal debts, such as student loans.

By failing to file a tax return, people stand to lose more than just their tax refund. Many low-and moderate-income workers may be eligible for the earned income tax credit. For 2017, the credit was worth as much as $6,318. The EITC helps individuals and families whose incomes are below certain thresholds. The 2017 thresholds were:

  • $48,340 for those with three or more qualifying children; $53,930 if married filing jointly
  • $45,007 for people with two qualifying children; $50,597 if married filing jointly
  • $39,617 for those with one qualifying child; $45,207 if married filing jointly
  • $15,010 for people without qualifying children; $20,600 if married filing jointly

Current and prior year tax forms are available on the Forms, Instructions and Publications page of IRS.gov or by calling toll-free 800-TAX-FORM (800-829-3676).

Taxpayers who are missing forms W-2, 1098, 1099 or 5498 for the years 2017, 2018 or 2019 should request copies from their employer, bank, or other payer. Taxpayers who are unable to get missing forms can order a free wage and income transcript at IRS.gov using the Get Transcript Online tool. Taxpayers can use the information on the transcript to file their tax return.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                 

Source: IRS        

Créditos tributarios para empleadores

Posted by Admin Posted on May 27 2021

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Crédito de licencia pagada para vacunas — La Ley del Plan de Rescate Estadounidense de 2021 (ARP) permite a los empleadores pequeños y medianos, y a ciertos empleadores gubernamentales, reclamar créditos tributarios que les reembolsan el costo de proporcionar licencia por enfermedad y familiar pagada a sus empleados debido a COVID-19, incluida la licencia tomada por empleados para recibir o recuperarse de las vacunas de COVID-19. Los créditos tributarios de ARP están disponibles para empleadores elegibles que pagan licencia por enfermedad y familiar desde el 1ro de abril de 2021 hasta el 30 de septiembre de 2021. Para obtener mas información consulte nuestra hoja de datos.

Crédito de retención de empleados — Nueva ley extiende el crédito tributario por coronavirus a los empleadores que mantienen a los trabajadores en nómina (en inglés): la nueva ley extiende el crédito tributario por coronavirus a los empleadores que mantienen a los trabajadores en nómina. La Ley de Certeza del Contribuyente y de Alivio Tributario por Desastres de 2020, promulgada el 27 de diciembre de 2020, modificó y extendió el Crédito de retención de empleados (y la disponibilidad de ciertos pagos por adelantado de los créditos tributarios) bajo la sección 2301 de la Ley CARES.

Créditos por licencia familiar y por enfermedad —  Créditos tributarios relacionados con COVID-19 para licencias pagadas proporcionadas por pequeñas y medianas empresas (en inglés): Créditos tributarios relacionados con COVID-19 para licencias pagas proporcionadas por pequeñas y medianas empresas. La Ley de Alivio Tributario relacionada con COVID de 2020, promulgada el 27 de diciembre de 2020, enmendó y extendió los créditos tributarios por licencia familiar y por enfermedad pagada en virtud de las secciones 7001-7005 de la Ley de Familias Primero en Respuesta al Coronavirus.

Muchas empresas que se han visto gravemente afectadas por el coronavirus (COVID-19) calificarán para dos nuevos créditos tributarios del empleador: el Crédito por licencia familiar y por enfermedad y el Crédito por retención de empleados.

Crédito por licencia familiar y por enfermedad

Un empleado que no puede trabajar (incluido el teletrabajo) debido a la cuarentena o la cuarentena del coronavirus o tiene síntomas de coronavirus y está buscando un diagnóstico médico, tiene derecho a una licencia por enfermedad remunerada de hasta diez días (hasta 80 horas) a la tarifa de pago regular del empleado, o, si es más alto, el salario mínimo federal o cualquier salario mínimo estatal o local aplicable, hasta $511 por día, pero no más de $5,110 en total.

Cuidando a alguien con coronavirus

Un empleado que no puede trabajar debido al cuidado de alguien con coronavirus o al cuidado de un niño porque la escuela o el lugar de cuidado del niño está cerrado, o el proveedor de cuidado infantil no está disponible debido al coronavirus, tiene derecho a licencia por enfermedad remunerada por hasta dos semanas (hasta 80 horas) a dos tercios de la tarifa de pago regular del empleado o, si es mayor, el salario mínimo federal o cualquier salario mínimo estatal o local aplicable, hasta $200 por día, pero no más de $2,000 en total.

Cuidado de niños debido al cierre de la guardería o la escuela

Un empleado que no puede trabajar debido a la necesidad de cuidar a un niño cuya escuela o lugar de cuidado está cerrado o cuyo proveedor de cuidado de niños no está disponible debido al coronavirus, también tiene derecho a una licencia familiar y médica pagada equivalente a dos tercios del pago regular del empleado, hasta $200 por día y $10,000 en total. Se pueden contar hasta diez semanas de licencia calificada para el crédito de licencia familiar.

Crédito para empleadores elegibles

Los empleadores elegibles tienen derecho a recibir un crédito por el monto total de la licencia por enfermedad y la licencia familiar requeridas, más los gastos relacionados con el plan de salud y la parte del empleador del impuesto de Medicare sobre la licencia, durante el período del 1 de abril de 2020 al 31 de diciembre, 2020. El crédito reembolsable se aplica contra ciertos impuestos laborales sobre los salarios pagados a todos los empleados. Los empleadores elegibles pueden reducir los depósitos de impuestos federales sobre el empleo en previsión del crédito. También pueden solicitar un anticipo de los créditos pagados por enfermedad y licencia familiar por cualquier monto no cubierto por la reducción de depósitos. Los pagos adelantados se emitirán mediante cheque en papel a los empleadores.

Crédito de retención de empleados

Los empleadores elegibles pueden reclamar el crédito de retención de empleados, un crédito tributario reembolsable equivalente al 50 por ciento de hasta $10,000 en salarios calificados (incluidos los gastos del plan de salud), pagado después del 12 de marzo de 2020 y antes del 1 de enero de 2021. Los empleadores elegibles son aquellas empresas con operaciones que se han suspendido parcial o totalmente debido a órdenes gubernamentales debido a COVID-19, o negocios que tienen una disminución significativa en los ingresos brutos en comparación con 2019.

El crédito reembolsable tiene un tope de $5,000 por empleado y se aplica contra ciertos impuestos laborales sobre los salarios pagados a todos los empleados. Los empleadores elegibles pueden reducir los depósitos de impuestos federales sobre el empleo en anticipación del crédito. También pueden solicitar un anticipo del crédito de retención de empleados por cualquier monto no cubierto por la reducción de depósitos. Los pagos adelantados se emitirán mediante cheque en papel a los empleadores.

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente: IRS         

Taxpayers Living Abroad

Posted by Admin Posted on May 27 2021

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If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

When to File

If you are a U.S. citizen or resident alien residing overseas, or are in the military on duty outside the U.S., on the regular due date of your return, you are allowed an automatic 2-month extension to file your return without requesting an extension. For a calendar year return, the automatic 2-month extension is to June 15.  Note that you must pay any tax due by April 15 or interest will be charged starting from April 15.

Where to File

If you are a U.S. citizen or resident alien (including a green card holder) and you live in a foreign country, mail your U.S. tax return to:

Department of the Treasury

Internal Revenue Service Center

Austin, TX 73301-0215

USA

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS       

Cómo informar sobre cuentas bancarias y financieras extranjeras

Posted by Admin Posted on May 27 2021

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Cómo informar sobre cuentas bancarias y financieras extranjeras

Las personas estadounidenses tienen cuentas financieras en el extranjero por una variedad de razones legítimas, incluyendo conveniencia y acceso. Deben presentar un Informe de Cuentas Bancarias y Financieras Extranjeras (FBAR) porque las instituciones financieras extranjeras pueden no estar sujetas a los mismos requisitos de presentación de información que las instituciones financieras nacionales.

El FBAR es una herramienta también usada por el gobierno de los Estados Unidos para identificar a las personas que pueden estar usando cuentas financieras extranjeras para eludir la ley estadounidense. El gobierno puede usar la información de FBAR para identificar o rastrear fondos usados con fines ilícitos o para identificar los ingresos no reportados mantenidos o generados en el extranjero.

Quién debe informar

Desde 1970, la Ley de Secreto Bancario requiere que las personas de los EE. UU, presenten un FBAR (en inglés) si tienen:

1. Interés financiero en, autoridad de firma, u otra autoridad sobre una o más cuentas, tales como una cuenta bancaria, una cuenta de corretaje, un fondo mutuo, un fideicomiso u otra cuenta financiera extranjera, y

2. El valor agregado de todas las cuentas financieras extranjeras supera los $10,000 en cualquier momento durante el año calendario.

Una persona de los EE. UU. es un ciudadano o residente de los Estados Unidos o cualquier entidad legal doméstica, como una sociedad, corporación, compañía de responsabilidad limitada, patrimonio o fideicomiso.

Un país extranjero incluye cualquier área fuera de los Estados Unidos, tierras indias (tal como se define en la Ley Reguladora de Juegos Indios (en inglés) y estos territorios y posesiones de los EE. UU.:

Islas Marianas del Norte,

Distrito de Columbia,

Samoa Americana,

Guam

Puerto Rico

Islas Vírgenes de los Estados Unidos, y

Territorios en fideicomiso de las Islas del Pacífico.

Cómo presentar el informe

Los que deben informar sus cuentas en el extranjero deben presentar el FBAR electrónicamente a través del Sistema de Presentación Electrónica de la BSA (en inglés). El FBAR vence el 15 de abril. Si el 15 de abril cae sábado, domingo o día feriado legal, el FBAR vence el siguiente día laborable. Los contribuyentes no presentan el FBAR con declaraciones de impuestos individuales, comerciales, fiduciarias o de patrimonio.

Aquellos que no pueden presentar electrónicamente su FBAR, deben llamar a la Línea de Ayuda Regulatoria de la Red de Ejecución de Delitos Financieros al 800-949-2732 para solicitar una exención de presentar electrónicamente. Las personas que llamen desde fuera de los Estados Unidos pueden comunicarse con la línea de ayuda al 703-905-3975.

Cuentas de propiedad conjunta. Si dos personas poseen conjuntamente una cuenta financiera extranjera, o si varias personas tienen un interés parcial en una cuenta, entonces cada persona tiene un interés financiero en esa cuenta, y cada persona debe informar el valor completo de la cuenta en un FBAR.

Excepción para cónyuges. Los cónyuges no necesitan presentar FBAR por separado si completan y firman el Formulario 114A, Registro de Autorización para Presentar FBAR Electrónicamente (en inglés) PDF, y:

1. Todas las cuentas financieras declarables del cónyuge que no presentó son propiedad conjunta del cónyuge que presenta la declaración, y

2. El cónyuge que presenta, informa las cuentas de propiedad conjunta con el cónyuge que no presentó en un FBAR presentado a tiempo.

De lo contrario, ambos cónyuges deben presentar un FBAR separado, y cada cónyuge debe informar el valor total de las cuentas de propiedad conjunta.

El sistema de presentación electrónica no permitirá las firmas de ambos cónyuges en el mismo formulario electrónico, solo el cónyuge que presenta firma en el sistema. Los contribuyentes no presentan el Formulario 114a con el FBAR; lo guardan para sus archivos.

Niños. En general, un niño es responsable de presentar su propio FBAR. Si un niño no puede presentar su propio FBAR por algún motivo, como la edad, el padre o tutor del niño debe presentarlo. Si el niño no puede firmar su FBAR, un padre o tutor debe firmarlo.

Cuentas no reportadas en FBAR

Las personas no necesitan informar cuentas financieras extranjeras mantenidas en cuentas de jubilación individuales (descritas en las secciones 408 y 408A del Código de Impuestos Internos) y planes de jubilación calificados para impuestos (descritos en, secciones 401(a), 403(a) o 403(b)) del Código de Impuestos Internos en el FBAR. Las instrucciones de FBAR (en inglés) PDF enumera otras excepciones.

Cómo informar el valor de las cuentas financieras extranjeras

Los que presentan el FBAR deben calcular e informar razonablemente el mayor valor de los activos monetarios o no monetarios en sus cuentas durante el año calendario. Pueden confiar en sus estados periódicos de cuenta si las declaraciones muestran razonablemente el mayor valor de la cuenta durante el año.

Los declarantes calculan el mayor valor en la moneda de la cuenta. Si aún no están en dólares estadounidenses, convierten ese valor en dólares estadounidense usando la tasa de cambio del último día del año calendario (en inglés). Si la tasa de la Oficina del Servicio Fiscal del Departamento del Tesoro no está disponible, pueden usar otra tasa de cambio válida e informar la fuente de la tasa. Por ejemplo, el valor de una cuenta ubicada en Japón puede mostrarse en los estados de cuenta en yenes japoneses. Los declarantes calculan el mayor valor de la cuenta en yenes y luego lo convertirían en dólares estadounidenses.

La Guía de Referencia del FBAR del IRS (en inglés) PDF tiene otros ejemplos de cómo informar el valor de la cuenta. El sitio web de la Red de Cumplimiento de Delitos Financieros (FinCEN, por sus siglas en inglés) tiene pasos para informar el valor máximo de la cuenta (en inglés).

Comparación de los requisitos del Formulario 8938 y FBAR

Además de los requisitos del Informe de Cuentas Bancarias y Financieras Extranjeras (FBAR) de cuentas bancarias y financieras extranjeras (FBAR), ciertos contribuyentes de los EE. UU. presentan el Formulario 8938, Declaración de activos financieros extranjeros especificados (en inglés). Las cuentas que se informan en el Formulario 8938 a menudo también se deben informar en el FBAR. A diferencia del FBAR, los contribuyentes presentan el Formulario 8938 con sus declaraciones de impuestos federales

Dependiendo de la situación del contribuyente, es posible que deba presentar el Formulario 8938 o el FBAR o ambos, y es posible que deba informar ciertas cuentas extranjeras en ambos formularios. Los contribuyentes pueden encontrar una comparación de los requisitos del Formulario 8938 y FBAR (en inglés) en IRS.gov.

Fecha de vencimiento extendida para presentar el FBAR

Aquellos que no cumplieron con la fecha de vencimiento del 15 de abril deben presentar antes del 15 de octubre, la fecha de vencimiento extendida automáticamente para el FBAR. No necesitan solicitar prórroga. Si no tienen toda su información para presentar antes de la fecha de vencimiento extendida, deben presentar la declaración más completa posible y modificar el informe cuando tengan más información.

Enmendar un FBAR

Aquellos que necesiten corregir un FBAR presentado deben presentar un nuevo FBAR con la información corregida y marcar el nuevo FBAR como "enmendado." Rellene completamente, incluso los campos que no necesitan corrección. Pueden presentar electrónicamente el FBAR enmendado con el Sistema de Presentación Electrónica o presentarlo en papel con una exención de presentación electrónica de FinCEN.

Si presentan electrónicamente un FBAR enmendado, deben marcar la casilla "enmendada" en el Formulario FinCEN 114. El campo del Identificador de Informe Previo del BSA se activará, e ingresará el número de ID de BSA del FBAR original. Si presentaron electrónicamente el FBAR original, encontrarán el número de ID de BSA en el correo electrónico de confirmación enviado por FinCEN. Si no pueden localizar el número de identificación de BSA o si presentaron en papel el FBAR original, deben ingresar ceros en el campo de Identificador de Informe Previo de la BSA.

Presentación tardía de FBAR

Si una persona se entera de que debería haber presentado un FBAR el año anterior, debe presentar electrónicamente el FBAR tardío tan pronto como sea posible. El Sistema de Presentación Electrónica de la BSA les permite ingresar al año calendario que están informando, incluidos los años anteriores. También les ofrece una opción para explicar el motivo de la presentación tardía o mostrar si es parte de un programa de cumplimiento del IRS.

Multas por no presentar un FBAR

Aquellos que no presentan un FBAR cuando es necesario pueden estar sujetos a multas civiles y penales. Las infracciones criminales de las reglas de FBAR pueden resultar en una multa y/o cinco años de prisión. El gobierno de EE. UU. ajusta las multas anualmente por inflación.

El IRS no penalizará a aquellas personas que reporten adecuadamente las cuentas financieras extranjeras en un FBAR de presentación tardía y el IRS considera que tienen motivos razonables para la presentación tardía.

Archivos

Aquellos que deben presentar un FBAR deben mantener archivos de cuentas por lo general por cinco años a partir de la fecha de vencimiento de FBAR, incluyendo:

Nombre en cada cuenta,

Número de cuenta u otra designación,

Nombre y dirección del banco extranjero u otra persona que mantenga la cuenta,

Tipo de cuenta y,

Mayor valor de cada cuenta durante el período de informe.

También deben conservar copias de sus FBAR presentados

Los funcionarios o empleados que presentan un FBAR para informar el control sobre la cuenta financiera extranjera de un empleador no necesitan mantener personalmente los registros de las cuentas de sus empleadores.

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente: IRS        

Happy Graduation!

Posted by Admin Posted on May 20 2021

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Congratulations to Dayana Machado, a member of the Lord Breakspeare Callagham family for her BA in Accounting.

We are very proud of you Dayana!

Taxpayers should file their tax return on time even if they can’t pay their tax bill in full

Posted by Admin Posted on May 18 2021

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Taxpayers should file their tax return by the deadline even if they cannot pay the full amount due.

If an individual taxpayer owes taxes, but can't pay in full by the May 17, 2021 deadline, they should:

File their tax return or request an extension of time to file by the May 17 deadline.

People who owe tax and do not file their return on time or request an extension may face a failure-to-file penalty for not filing on time.

Taxpayers should remember that an extension of time to file is not an extension of time to pay. An extension gives taxpayers until October 15, 2021 to file their 2020 tax return, but taxes owed are still due May 17, 2021.

To get an extension to file, taxpayers must do one of the following:

File Form 4868 through their tax professional, tax software or using Free File on IRS.gov.

Submit an electronic payment with Direct Pay, Electronic Federal Tax Payment System or by debit, credit card or digital wallet and select Form 4868 or extension as the payment type.

Pay as much as possible by the May 17 due date.

Whether filing a return or requesting an extension, taxpayers must pay their tax bill in full by the May deadline to avoid interest and penalties.

People who do not pay their taxes on time will face a failure-to-pay penalty.

The IRS has options for taxpayers who can't afford to pay taxes they owe.

Set up a payment plan as soon as possible.

Taxpayers who owe but cannot pay in full by May 17 don't have to wait for a tax bill to set up a payment plan.

They can apply for a payment plan on IRS.gov.

Taxpayers can also submit a payment plan request using Form 9465, Installment Agreement Request.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS

American Rescue Plan tax credits available to small employers to provide paid leave to employees receiving COVID-19 vaccines; new fact sheet outlines details

Posted by Admin Posted on May 18 2021

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WASHINGTON — The Internal Revenue Service and the Treasury Department announced further details of tax credits available under the American Rescue Plan to help small businesses, including providing paid leave for employees receiving COVID-19 vaccinations.

The additional details, provided in a fact sheet released today, spell out some basic facts about the employers eligible for the tax credits. It also provides information on how these employers may claim the credit for leave paid to employees related to COVID-19 vaccinations

Eligible employers, such as businesses and tax-exempt organizations with fewer than 500 employees and certain governmental employers, can receive a tax credit for providing paid time off for each employee receiving the vaccine and for any time needed to recover from the vaccine. For example, if an eligible employer offers employees a paid day off in order to get vaccinated, the employer can receive a tax credit equal to the wages paid to employees for that day (up to certain limits).

"This new information is a shot in the arm for struggling small employers who are working hard to keep their businesses going while also watching out for the health of their employees," said IRS Commissioner Chuck Rettig. "Our work on this issue is part of a larger effort by the IRS to assist the nation recover from the pandemic."

The American Rescue Plan Act of 2021 (ARP) allows small and midsize employers, and certain governmental employers, to claim refundable tax credits that reimburse them for the cost of providing paid sick and family leave to their employees due to COVID-19, including leave taken by employees to receive or recover from COVID-19 vaccinations. Self-employed individuals are eligible for similar tax credits.

The ARP tax credits are available to eligible employers that pay sick and family leave for leave from April 1, 2021, through Sept. 30, 2021.

The paid leave credits under the ARP are tax credits against the employer's share of the Medicare tax. The tax credits are refundable, which means that the employer is entitled to payment of the full amount of the credits if it exceeds the employer's share of the Medicare tax.

In anticipation of claiming the credits on the Form 941, Employer's Quarterly Federal Tax Return , eligible employers can keep the federal employment taxes that they otherwise would have deposited, including federal income tax withheld from employees, the employees' share of social security and Medicare taxes and the eligible employer's share of social security and Medicare taxes with respect to all employees up to the amount of credit for which they are eligible. If the eligible employer does not have enough federal employment taxes on deposit to cover the amount of the anticipated credits, the eligible employer may request an advance by filing Form 7200, Advance Payment of Employer Credits Due to COVID-19.

Self-employed individuals may claim comparable credits on the Form 1040, U.S. Individual Income Tax Return.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS                  

Do’s and Don’ts for taxpayers who get a letter or notice from the IRS

Posted by Admin Posted on May 18 2021

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The IRS mails letters or notices to taxpayers for a variety of reasons including if:

They have a balance due.

They are due a larger or smaller refund.

The agency has a question about their tax return.

They need to verify identity.

The agency needs additional information.

The agency changed their tax return.

Here are some do's and don'ts for taxpayers who receive one:

Don't ignore it. Most IRS letters and notices are about federal tax returns or tax accounts. The notice or letter will explain the reason for the contact and gives instructions on what to do.

Don't panic. The IRS and its authorized private collection agencies generally contact taxpayers by mail. Most of the time, all the taxpayer needs to do is read the letter carefully and take the appropriate action.

Do read the notice. If the IRS changed the tax return, the taxpayer should compare the information provided in the notice or letter with the information in their original return. In general, there is no need to contact the IRS if the taxpayer agrees with the notice.

Do respond timely. If the notice or letter requires a response by a specific date, taxpayers should reply in a timely manner to:

Minimize additional interest and penalty charges.

preserve their appeal rights if they don't agree.

Do pay amount due. Taxpayers should pay as much as they can, even if they can't pay the full amount. People can pay online or apply for an Online Payment Agreement or Offer in Compromise. The agency offers several payment options.

Do keep a copy of the notice or letter. It's important to keep a copy of all notices or letters with other tax records. Taxpayers may need these documents later.

Do remember there is usually no need to call the IRS. If a taxpayer must contact the IRS by phone, they should use the number in the upper right-hand corner of the notice. The taxpayer should have a copy of their tax return and letter when calling. Typically, taxpayers only need to contact the agency if they don't agree with the information, if the IRS request additional information, or if the taxpayer has a balance due. Taxpayers can also write to the agency at the address on the notice or letter. If taxpayers write, they should allow at least 30 days for a response.

Do avoid scams. The IRS will never contact a taxpayer using social media or text message. The first contact from the IRS usually comes in the mail. Taxpayers who are unsure if they owe money to the IRS can view their tax account information on IRS.gov.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS        

Taxpayers shouldn’t believe these myths about federal tax refunds

Posted by Admin Posted on May 18 2021

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Now that many taxpayers have filed their federal tax returns, they're eager for details about their refund. When it comes to refunds, there are several common myths that can mislead taxpayers.

Getting a refund this year means there's no need to adjust withholding for 2021

To help avoid a surprise next year, taxpayers should make changes now to prepare for next year. One way to do this is to adjust their tax withholding with their employer. This is easy to do using the Tax Withholding Estimator. This tool can help taxpayers determine if their employer is withholding the right amount. This is especially important for anyone who got an unexpected result from filing their tax return this year. Also, taxpayers who experience a life event like marriage, divorce, birth of a child, an adoption or are no longer able to claim a person as a dependent are encouraged to check their withholding.

Calling the IRS or a tax professional will provide a better refund date

Many people think talking to the IRS or their tax professional is the best way to find out when they will get their refund. The best way to check the status of a refund is online through the Where's My Refund? tool or the IRS2Go app.

Taxpayers can call the automated refund hotline at 800-829-1954. This hotline has the same information as Where's My Refund? and IRS telephone assistors. There is no need to call the IRS unless Where's My Refund? says to do so.

Ordering a tax transcript is a secret way to get a refund date

Doing so will not help taxpayers find out when they will get their refund. Where's My Refund? tells the taxpayer their tax return has been received and if the IRS has approved or sent the refund.

Where's My Refund? must be wrong because there's no deposit date yet

Updates to Where's My Refund? ‎on both IRS.gov and the IRS2Go mobile app are made once a day. These updates usually occur overnight. Even though the IRS issues most refunds in less than 21 days, it's possible a refund may take longer. If the IRS needs more information to process a tax return, the agency will contact the taxpayer by mail. Taxpayers should also consider the time it takes for the banks to post the refund to the taxpayer's account. People waiting for a refund in the mail should plan for the time it takes a check to arrive.

Where's My Refund? must be wrong because a refund amount is less than expected

There are several factors that could cause a tax refund to be larger or smaller than expected. Situations that could decrease a refund include:

The taxpayer made math errors or mistakes

The taxpayer owes federal taxes for a prior year

The taxpayer owes state taxes, child support, student loans or other delinquent federal non-tax obligations

The IRS holds a portion of the refund while it reviews an item claimed on the return

The IRS will mail the taxpayer a letter of explanation if these adjustments are made. Some taxpayers may also receive a letter from the Department of Treasury's Bureau of the Fiscal Service if their refund was reduced to offset certain financial obligations.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS        

All taxpayers are now eligible for identity protection PINs

Posted by Admin Posted on May 10 2021

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The IRS has expanded the Identity Protection PIN Opt-In Program to all taxpayers who can verify their identity.

The Identity Protection PIN is a six-digit code known only to the taxpayer and to the IRS. It helps prevent identity thieves from filing fraudulent tax returns using a taxpayers' personally identifiable information.

Here are a few key things to know about the IP PIN Opt-In program.

This is a voluntary program.

Taxpayers must pass a rigorous identity verification process.

Spouses and dependents are eligible for an IP PIN if they can verify their identities.

An IP PIN is valid for a calendar year.

People must get a new IP PIN each filing season.

The online IP PIN tool is offline between November and mid-January each year.

Correct IP PINs must be entered on electronic and paper tax returns to avoid rejections and delays.

Taxpayers should Never share their IP PIN with anyone but their trusted tax provider.

The IRS will never call, text or email requesting their IP PIN.

People should beware of scams to steal their IP PIN.

There currently is no opt-out option but the IRS is working on one for 2022.

How to get an IP PIN

Taxpayers who want an IP PIN for 2021 should use Get an IP PIN tool on IRS.gov. This tool uses Secure Access authentication verify a person's identity. Taxpayers should review the Secure Access requirements before they try to use the Get An IP PIN tool. There is no need to file a Form 14039, Identity Theft Affidavit, to join the program.

Once a taxpayer have authenticated their identity, their 2021 IP PIN immediately will be revealed to them. This PIN must be used when prompted by electronic tax returns or written near the signature line on paper tax returns.

Options for taxpayers who can't verify their identity online

Taxpayers whose adjusted gross income is $72,000 or less may complete Form 15227 (EN-SP), Application for an Identity Protection Personal Identification Number PDF, and mail or fax it to the IRS. A customer service representative will contact the taxpayer and verify their identity by phone. Taxpayers should have their prior year tax return for verification process.

Taxpayers who verify their identity this way will have an IP PIN mailed to them the following tax year. This is for security reasons. Once in the program, the IP PIN will be mailed to these taxpayers each year.

Taxpayers who can't verify their identity online or by phone and are ineligible for file Form 15227 can contact the IRS and make an appointment at a Taxpayer Assistance Center to verify their identity in person. They'll need to bring should bring two forms of identification, including one government-issued picture identification.

Taxpayers who verify their identity in-person will have an IP PIN mailed to them within three weeks. Once in the program, the IP PIN will be mailed to these taxpayers each year.

 

Confirmed identity theft victims

Current tax-related identity theft victims who have been receiving IP PINs by mail will experience no change.

Taxpayers who are confirmed identity theft victims or who have filed an identity theft affidavit because of suspected stolen identity refund fraud will automatically receive an IP PIN by mail once their cases are resolved.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: IRS 

Taxpayers should use the correct filing status for accuracy and to avoid surprises

Posted by Admin Posted on May 10 2021

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Taxpayers need to know their correct filing status and be familiar with each option. The IRS Interactive Tax Assistant can help them determine their filing status.

A taxpayer's filing status typically depends on whether they are single or married on Dec. 31, which determines their filing status for that entire year.

More than one filing status may apply in certain situations. If this is the case, taxpayers can usually choose the filing status that allows them to owe the least amount of tax.

When preparing and filing a tax return, the filing status affects:

If the taxpayer is required to file a federal tax return

If they should file a return to receive a refund

Their standard deduction amount

If they can claim certain credits

The amount of tax they should pay

Here are the five filing statuses:

Single. Normally, this status is for taxpayers who are unmarried, divorced or legally separated under a divorce or separate maintenance decree governed by state law.

Married filing jointly. If a taxpayer is married, they can file a joint tax return with their spouse. When a spouse passes away, the widowed spouse can usually file a joint return for that year.

Married filing separately. Married couples can choose to file separate tax returns. When doing so, it may result in less tax owed than filing a joint tax return.

Head of household. Unmarried taxpayers may be able to file using this status, but special rules apply. For example, the taxpayer must have paid more than half the cost of keeping up a home for themselves and a qualifying person living in the home for half the year.

Qualifying widow or widower with dependent child. This status may apply to a taxpayer if their spouse died during one of the previous two years and they have a dependent child. Other conditions also apply.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS        

Todos los contribuyentes ahora son elegibles para un PIN de Protección de Identidad

Posted by Admin Posted on May 10 2021

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El PIN de Protección de Identidad (IP PIN) es un código de seis dígitos asignado a contribuyentes elegibles y conocido sólo por el contribuyente y el IRS. Ayuda a evitar que los ladrones de identidad presenten declaraciones de impuestos fraudulentas mediante el uso del número de Seguro Social de un contribuyente.

Acerca del programa de suscripción

  • Este es un programa voluntario
  • Los contribuyentes deben pasar un riguroso proceso de verificación de identidad.
  • Los cónyuges y dependientes son elegibles para un IP PIN si pueden verificar sus identidades.
  • Un IP PIN es válido para un año calendario.
  • Los contribuyentes deben obtener un IP PIN nuevo cada temporada de impuestos.
  • El IP PIN debe ingresarse correctamente en las declaraciones de impuestos electrónicas  y en papel para evitar rechazos y retrasos.

Cómo obtener un IP PIN:

Los contribuyentes que desean un IP PIN deben ir a IRS.gov/IPPIN y usar la herramienta Obtenga un IP PIN.

Cuidado con las estafas para robar el IP PIN

Los contribuyentes nunca deben compartir su IP PIN con nadie más que con su proveedor de impuestos de confianza. El IRS nunca llamará, enviará un mensaje de texto o correo electrónico para solicitar su IP PIN.

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente: IRS        

Contribuyentes residentes en el extranjero

Posted by Admin Posted on May 05 2021

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Si es ciudadano estadounidense o extranjero residente, las reglas para presentar declaraciones de impuestos sobre la renta, sucesiones y donaciones y pagar el impuesto estimado son generalmente las mismas, ya sea que se encuentre en los Estados Unidos o en el extranjero. Sus ingresos mundiales están sujetos al impuesto sobre la renta de los EE. UU., Independientemente de dónde resida.

Cuándo presentar

Si es ciudadano estadounidense o extranjero residente que reside en el extranjero, o está en el servicio militar fuera de los EE. UU., En la fecha de vencimiento habitual de su declaración, se le permite una extensión automática de 2 meses para presentar su declaración sin solicitar una extensión. Para una declaración de año calendario, la extensión automática de 2 meses es hasta el 15 de junio. Tenga en cuenta que debe pagar cualquier impuesto adeudado antes del 15 de abril o se cobrarán intereses a partir del 15 de abril.

Dónde presentar la solicitud

Si es ciudadano estadounidense o extranjero residente (incluido el titular de una tarjeta verde) y vive en un país extranjero, envíe su declaración de impuestos de los EE. UU. A:

Department of the Treasury

Internal Revenue Service Center

Austin, TX 73301-0215

USA

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente: IRS         

Here’s how people can pay their federal taxes

Posted by Admin Posted on May 05 2021

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The May 17 deadline for individuals to file and pay their federal income tax is fast approaching. While paying taxes is not optional, people do have options when it comes to how they pay taxes. The IRS offers a variety of ways to pay taxes.

Some taxpayers must make quarterly estimated tax payments throughout the year. This includes sole proprietors, partners, and S corporation shareholders who expect to owe $1,000 or more when they file. Individuals who participate in the gig economy might also have to make estimated payments. The deadline to pay estimated taxes remains April 15, 2021.

Here are five ways for people who need to pay their taxes. They can:

Pay when they e-file using their bank account, at no charge, using electronic funds withdrawal.

Use IRS Direct Pay which allows taxpayers to pay electronically directly from their checking or savings account for free. They can choose to receive email notifications about their payments when they pay this way. Taxpayers should watch out for email schemes. IRS Direct Pay sends emails only to users who request the service.

Pay using a payment processor by credit card, debit card or digital wallet options. Taxpayers can make these payments online, by phone or through the IRS2Go app.

Make a cash payment at more than 60,000 participating retail locations nationwide. To pay with cash, visit IRS.gov and follow the instructions.

Pay over time by applying for an online payment agreement. Once the IRS accepts an agreement, the taxpayers can make their payment in monthly installments.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS

Personas Extranjeras

Posted by Admin Posted on May 05 2021

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Reglas relevantes a los capítulos 3 y 4.

Un beneficiario está sujeto a retención solo si es una persona extranjera. Una persona extranjera incluye un individuo extranjero no residente, una corporación extranjera, una sociedad extranjera, un fideicomiso extranjero, un patrimonio extranjero y cualquier otra persona que no sea una persona de los EE. UU. También incluye una sucursal extranjera de una institución financiera estadounidense si la sucursal extranjera es un intermediario calificado. En la mayoría de los casos, la sucursal estadounidense de una corporación o sociedad extranjera se trata como una persona extranjera.

Si una cantidad es tanto un pago retenible como una cantidad sujeta a la retención del capítulo 3 y el agente de retención retiene según el capítulo 4, puede acreditar esta cantidad contra cualquier impuesto adeudado según el capítulo 3.

Extranjero no residente

Un extranjero no residente es un individuo que no es ciudadano estadounidense o extranjero residente. Un residente de un país extranjero bajo el artículo de residencia de un tratado de impuesto sobre la renta es un individuo extranjero no residente a los efectos de la retención.

Casado con ciudadano estadounidense o extranjero residente. Las personas extranjeras no residentes casadas con ciudadanos o residentes de los EE. UU. Pueden optar por ser tratados como extranjeros residentes para ciertos fines del impuesto sobre la renta. Sin embargo, estas personas todavía están sujetas a las reglas de retención del capítulo 3 que se aplican a los extranjeros no residentes para todos los ingresos excepto los salarios. Los salarios pagados a estas personas están sujetos a retenciones graduales. Consulte la Publicación 15 Circular E, Guía de impuestos del empleador.

Persona de EE. UU.

El término "persona de los Estados Unidos" significa: Un ciudadano o residente de los Estados Unidos,

Una sociedad creada u organizada en los Estados Unidos o bajo la ley de los Estados Unidos o de cualquier estado, o el Distrito de Columbia,

Una corporación creada u organizada en los Estados Unidos o bajo la ley de los Estados Unidos o de cualquier estado, o el Distrito de Columbia,

Cualquier patrimonio o fideicomiso que no sea un patrimonio extranjero o un fideicomiso extranjero. (Consulte la sección 7701 (a) (31) del Código de Rentas Internas para obtener la definición de un patrimonio extranjero y un fideicomiso extranjero.), O

Cualquier otra persona que no sea extranjera.

ciudadano estadounidense

El término "ciudadano de los Estados Unidos" significa: Un individuo nacido en los Estados Unidos,

Un individuo cuyo padre es ciudadano de los EE. UU.,

Un ex extranjero que se ha naturalizado como ciudadano de los EE. UU.,

Un individuo nacido en Puerto Rico,

Un individuo nacido en Guam, o

Un individuo nacido en las Islas Vírgenes de EE. UU.

Residente extraterrestre

Un extranjero residente es un individuo que no es ciudadano o nacional de los Estados Unidos y que cumple con la prueba de la tarjeta verde o la prueba de presencia sustancial para el año calendario.

En la mayoría de los casos, los días que el extranjero está en los Estados Unidos como maestro, estudiante o aprendiz con una visa "F", "J", "M" o "Q" no se cuentan. Esta excepción es por un período de tiempo limitado. Para obtener más información sobre el estado de residente y no residente, las pruebas de residencia y las excepciones, consulte la Publicación 519, Guía de impuestos de EE. UU. Para extranjeros.

Nota: Si su empleado se demora en notificarle que su estado cambió de extranjero no residente a extranjero residente, es posible que tenga que hacer un ajuste al Formulario 941 si ese empleado estaba exento de la retención de impuestos de seguro social y Medicare como extranjero no residente. . Para obtener más información sobre cómo realizar ajustes, consulte el Capítulo 13 de la Publicación 15 (Circular E), Guía de impuestos del empleador.

Residente de una posesión estadounidense. Un residente de buena fe de Puerto Rico, las Islas Vírgenes de EE. UU., Guam, el Estado Libre Asociado de las Islas Marianas del Norte (CNMI) o Samoa Estadounidense que no sea ciudadano de EE. UU. O ciudadano de EE. UU. Es tratado como un extranjero no residente según las reglas de retención que se explican aquí…

Un residente de buena fe de una posesión es alguien que: Cumple con la prueba de presencia,

No tiene un domicilio fiscal fuera de la posesión, y

No tiene una conexión más cercana con los Estados Unidos o con un país extranjero que con la posesión.

La Sección 937 del Código de Rentas Internas establece el requisito de presentación del Formulario 8898, Declaración para personas que comienzan o terminan la residencia de buena fe en una posesión de los EE. UU. Este formulario informa cada cambio de residencia hacia o desde una posesión de los EE. UU. El IRS está autorizado a imponer una multa de $ 1,000 a cualquier contribuyente que esté obligado a presentar este formulario, pero que no lo haga.

Para obtener una explicación detallada de las reglas de residencia en posesión de los EE. UU. Y las reglas de obtención de ingresos, consulte la Publicación 570, Guía de impuestos para personas con ingresos de posesiones estadounidenses.

Corporaciones extranjeras

Una corporación extranjera es aquella que no se ajusta a la definición de corporación nacional. Una corporación nacional es aquella que fue creada u organizada en los Estados Unidos o bajo las leyes de los Estados Unidos, cualquiera de sus estados o el Distrito de Columbia.

Corporaciones de Guam o de las Islas Marianas del Norte. Una corporación creada u organizada en, o bajo las leyes de, Guam no se considera una corporación extranjera a los efectos de la retención de impuestos para el año fiscal si:

En todo momento durante el año fiscal, menos del 25% del valor de las acciones de la corporación es propiedad, directa o indirecta, de personas extranjeras, y

Al menos el 20% de los ingresos brutos de la corporación se obtiene de fuentes dentro de Guam o la CNMI para el período de 3 años que finaliza con el cierre del año fiscal anterior de la corporación (o el período de existencia de la corporación, si es menos) .

Nota: Las disposiciones que se discuten a continuación bajo las Islas Vírgenes de los EE. UU. Y las Corporaciones de Samoa Americana se aplicarán a las corporaciones de Guam o CNMI cuando haya un acuerdo de implementación en vigor entre los Estados Unidos y esa posesión.

Corporaciones de las Islas Vírgenes de EE. UU. Y Samoa Americana. Una corporación creada u organizada en, o bajo las leyes de, las Islas Vírgenes de los EE. UU. O Samoa Americana no se considera una corporación extranjera a los efectos de la retención de impuestos para el año fiscal si:

En todo momento durante el año fiscal, menos del 25% del valor de las acciones de la corporación es propiedad, directa o indirecta, de personas extranjeras.

Al menos el 65% de los ingresos brutos de la corporación está efectivamente relacionado con la realización de un comercio o negocio en las Islas Vírgenes de los EE. UU., Samoa Americana, Guam, la CNMI o los Estados Unidos durante el período de 3 años que finaliza con el cierre de la año fiscal de la corporación (o el período de existencia de la corporación o cualquier predecesor, si es menor), y

Ninguna parte sustancial de los ingresos de la corporación se utiliza, directa o indirectamente, para satisfacer obligaciones con una persona que no es un residente de buena fe de las Islas Vírgenes de los Estados Unidos, Samoa Americana, Guam, la CNMI o los Estados Unidos.

Fundación privada extranjera

Una fundación privada que fue creada u organizada bajo las leyes de un país extranjero es una fundación privada extranjera. Los ingresos brutos de inversiones de fuentes dentro de los Estados Unidos pagados a una fundación privada extranjera calificada están sujetos a una retención de una tasa del 4% (a menos que estén exentos por un tratado) en lugar de la tasa legal ordinaria del 30%.

Otras organizaciones, asociaciones e instituciones benéficas extranjeras

Una organización puede estar exenta del impuesto sobre la renta en virtud de la sección 501 (a) del Código de Rentas Internas y el capítulo 4 de retención de impuestos incluso si se formó de conformidad con la ley extranjera. En la mayoría de los casos, no tiene que retener impuestos sobre los pagos de ingresos a estas organizaciones extranjeras exentas de impuestos a menos que el IRS haya determinado que son fundaciones privadas extranjeras. Como regla general, dichas organizaciones extranjeras exentas de impuestos deben presentar el formulario W-8EXP al agente de retención para establecer su condición de organización extranjera exenta de impuestos.

Sin embargo, los pagos a estas organizaciones deben declararse en el Formulario 1042-S si el pago está sujeto a la retención del capítulo 3, aunque no se retengan impuestos.

Debe retener impuestos sobre los ingresos comerciales no relacionados (como se describe en la Publicación 598, Impuesto sobre los ingresos comerciales no relacionados de organizaciones exentas) de organizaciones extranjeras exentas de impuestos de la misma manera que retendría impuestos sobre ingresos similares de organizaciones no exentas cuando la organización lo hace. no proporcionarle un Formulario W-8ECI para certificar que los ingresos están efectivamente relacionados con una actividad comercial o comercial de la organización en los EE. UU.

Sucursales estadounidenses de personas extranjeras

En la mayoría de los casos, un pago a una sucursal estadounidense de una persona extranjera es un pago realizado a la persona extranjera. Sin embargo, puede tratar los pagos a sucursales estadounidenses de bancos extranjeros y compañías de seguros extranjeras que están sujetas a la supervisión reguladora de EE. UU. Como pagos realizados a una persona estadounidense, si usted y la sucursal de EE. UU. Han acordado hacerlo y si se demuestra su acuerdo. mediante un certificado de retención, formulario W-8IMY, certificado de intermediario extranjero, entidad extranjera de flujo directo o ciertas sucursales de EE. UU. para la retención de impuestos en los Estados Unidos. Para este propósito, una institución financiera del territorio que actúa como intermediario o que es una entidad de flujo directo se trata como una sucursal de EE. UU.

Si tiene alguna pregunta sobre la contabilidad comercial esencial, los impuestos nacionales, los impuestos internacionales, la representación del IRS, las implicaciones fiscales de los Estados Unidos de las transacciones de bienes inmuebles o los estados financieros, llámenos al 305-274-5811.

Fuente: IRS         

University students and staff should be aware of IRS impersonation email scam

Posted by Admin Posted on May 05 2021

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People should be aware of an ongoing IRS-impersonation scam that appears to target educational institutions, including students and staff who have ".edu" email addresses. The suspect emails display the IRS logo and use various subject lines, such as "Tax Refund Payment" or "Recalculation of your tax refund payment." It asks people to click a link and submit a form to claim their refund.

The scam website requests taxpayers provide their:

Social Security number

First name

Last name

Date of birth

Prior year annual gross income

Driver's license number

Current address

City

State/U.S. territory

ZIP code/postal code

Electronic filing PIN

Taxpayers who believe they have a pending refund can easily check on its status using the Where's My Refund? tool on IRS.gov.

Here are a few things people can do if they believe they are a target of the scam:

Report the scam: People who receive this scam email should not click on the link in the email and report it to the IRS. For security reasons, they should save the email using save as and then send that attachment to phishing@irs.gov or forward the email as an attachment to phishing@irs.gov.

Get an Identity Protection PIN: Taxpayers who believe they may have provided identity thieves with their personal information should consider immediately obtaining an Identity Protection PIN. This is a voluntary opt-in program. An IP PIN is a six-digit number that helps prevent identity thieves from filing fraudulent tax returns in the victim's name.

Report identity theft: Taxpayers who attempt to e-file their tax return and find it rejected because a return with their SSN has been filed should file a Form 14039, Identity Theft Affidavit PDF to report themselves as a possible identity theft victim. See Identity Theft Central to learn about the signs of identity theft and actions to take.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS

Treasury Department and IRS provide safe harbor for small businesses to claim deductions relating to first-round Paycheck Protection Program loans

Posted by Admin Posted on May 05 2021

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WASHINGTON — The Treasury Department and the Internal Revenue Service issued Revenue Procedure 2021-20 https://www.irs.gov/pub/irs-drop/rp-21-20.pdf for certain businesses that received first-round Paycheck Protection Program (PPP) loans but did not deduct any of the original eligible expenses because they relied on guidance issued before the enactment of tax relief legislation in December of 2020.

Under prior guidance, businesses that received PPP loans to cover payroll costs, interest on covered mortgage obligations, covered rent obligation payments, and covered utility payments could not deduct corresponding expenses.

With the Dec. 27, 2020, enactment of the Consolidated Appropriations Act, 2021, businesses now may claim these deductions even though they received PPP loans to cover original eligible expenses. These businesses can use the safe harbor provided by this guidance to deduct those expenses on the return for the immediately subsequent year.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS       

Foreign Persons

Posted by Admin Posted on May 05 2021

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Rules relevant to chapters 3 and 4.

A payee is subject to withholding only if it is a foreign person. A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U.S. person. It also includes a foreign branch of a U.S. financial institution if the foreign branch is a qualified intermediary. In most cases, the U.S. branch of a foreign corporation or partnership is treated as a foreign person.

If an amount is both a withholdable payment and an amount subject to chapter 3 withholding and the withholding agent withholds under chapter 4, it may credit this amount against any tax due under chapter 3.

Nonresident alien

A nonresident alien is an individual who is not a U.S. citizen or a resident alien. A resident of a foreign country under the residence article of an income tax treaty is a nonresident alien individual for purposes of withholding.

Married to U.S. citizen or resident alien. Nonresident alien individuals married to U.S. citizens or residents may choose to be treated as resident aliens for certain income tax purposes. However, these individuals are still subject to the chapter 3 withholding rules that apply to nonresident aliens for all income except wages. Wages paid to these individuals are subject to graduated withholding. Refer to Publication 15 Circular E, Employer's Tax Guide.

U.S. person

The term "United States person" means:

A citizen or resident of the United States,

A partnership created or organized in the United States or under the law of the United States or of any State, or the District of Columbia,

A corporation created or organized in the United States or under the law of the United States or of any State, or the District of Columbia,

Any estate or trust other than a foreign estate or foreign trust. (See Internal Revenue Code section 7701(a)(31) for the definition of a foreign estate and a foreign trust.), or

Any other person that is not a foreign person.

U.S. citizen

The term "United States citizen" means:

An individual born in the United States,

An individual whose parent is a U.S. citizen,

A former alien who has been naturalized as a U.S. citizen,

An individual born in Puerto Rico,

An individual born in Guam, or

An individual born in the U.S. Virgin Islands.

Resident alien

A resident alien is an individual that is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year.

In most cases, the days the alien is in the United States as a teacher,  student, or trainee on an "F", "J", "M", or "Q" visa are not counted. This exception is for a limited period of time. For more information on resident and nonresident status, the tests for residence, and the exceptions to them, refer to Publication 519, U.S. Tax Guide for Aliens.

Note: If your employee is late in notifying you that his or her status changed from nonresident alien to resident alien, you may have to make an adjustment to Form 941 if that employee was exempt from withholding of social security and Medicare taxes as a nonresident alien. For more information on making adjustments, refer to Chapter 13 of Publication 15 (Circular E), Employer's Tax Guide.

Resident of a U.S. possession. A bona fide resident of Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands (CNMI) or American Samoa who is not a U.S. citizen or a U.S. national is treated as a nonresident alien for the withholding rules explained here. A bona fide resident of a possession is someone who:

Meets the presence test,

Does not have a tax home outside the possession, and

Does not have a closer connection to the United States or to a foreign country than to the possession.

Section 937 of the Internal Revenue Code establishes the filing requirement for Form 8898, Statement for Individuals Who Begin or End Bona Fide Residence in a U.S. Possession. This form reports each change of residency to or from a U.S. possession. The IRS is authorized to impose a $1,000 penalty on any taxpayer who is liable to file this form, but who fails to file it.

For a detailed explanation of the U.S. possession residency rules and income sourcing rules, please refer to Publication 570, Tax Guide for Individuals With Income From U.S. Possessions.

Foreign corporations

A foreign corporation is one that does not fit the definition of a domestic corporation. A domestic corporation is one that was created or organized in the United States or under the laws of the United States, any of its states, or the District of Columbia.

Guam or Northern Mariana Islands corporations. A corporation created or organized in, or under the laws of, Guam is not considered a foreign corporation for the purpose of withholding tax for the tax year if:

At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons, and

At least 20% of the corporation's gross income is derived from sources within Guam or the CNMI for the 3-year period ending with the close of the preceding tax year of the corporation (or the period the corporation has been in existence, if less).

Note: The provisions discussed below under U.S. Virgin Islands and American Samoa Corporations will apply to Guam or CNMI corporations when an implementing agreement is in effect between the United States and that possession.

U.S. Virgin Islands and American Samoa corporations. A corporation created or organized in, or under the laws of, the U.S. Virgin Islands or American Samoa is not considered a foreign corporation for the purposes of withholding tax for the tax year if:

At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons.

At least 65% of the corporation's gross income is effectively connected with the conduct of a trade or business in the U.S. Virgin Islands, American Samoa, Guam, the CNMI, or the United States for the 3-year period ending with the close of the tax year of the corporation (or the period the corporation or any predecessor has been in existence, if less), and

No substantial part of the income of the corporation is used, directly or indirectly, to satisfy obligations to a person who is not a bona fide resident of the U.S. Virgin Islands, American Samoa, Guam, the CNMI, or the United States.

Foreign private foundation

A private foundation that was created or organized under the laws of a foreign country is a foreign private foundation. Gross investment income from sources within the United States paid to a qualified foreign private foundation is subject to withholding of a 4% rate (unless exempted by a treaty) rather than the ordinary statutory 30% rate.

Other foreign organizations, associations, and charitable institutions

An organization may be exempt from income tax under section 501(a) of the Internal Revenue Code and chapter 4 withholding tax even if it was formed under foreign law. In most cases, you do not have to withhold tax on payments of income to these foreign tax-exempt organizations unless the IRS has determined that they are foreign private foundations. As a general rule, such foreign tax-exempt organizations should file Form W-8EXP with the withholding agent in order to establish their status as a foreign tax-exempt organization.

Payments to these organizations, however, must be reported on Form 1042-S if the payment is subject to chapter 3 withholding, even though no tax is withheld.

You must withhold tax on the unrelated business income (as described in Publication 598, Tax on Unrelated Business Income of Exempt Organizations) of foreign tax-exempt organizations in the same way that you would withhold tax on similar income of nonexempt organizations when the organization does not provide you a Form W-8ECI to certify that the income is effectively connected with a U.S. trade or business of the organization.

U.S. branches of foreign persons

In most cases, a payment to a U.S. branch of a foreign person is a payment made to the foreign person. You may, however, treat payments to U.S. branches of foreign banks and foreign insurance companies that are subject to U.S. regulatory supervision as payments made to a U.S. person, if you and the U.S. branch have agreed to do so, and if their agreement is evidenced by a withholding certificate, Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding. For this purpose, a territory financial institution acting as an intermediary or that is a flow-through entity is treated as a U.S. branch.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS

Recovery Rebate Credit and Economic Impact Payment information you might need to know

Posted by Admin Posted on Apr 22 2021

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Economic Impact Payments (EIPs), also known as stimulus payments, and the related Recovery Rebate Credits (RRCs) are essentially divided into two tax years: 2020 and 2021. The information outlined below is to help you understand which EIPs relate to which RRC and how to find more information about each.

Please share this information: If you have friends, family or clients who do not have internet access, please feel free to print this article and share it with them. Both TAS and IRS phone lines are overloaded with calls, so taxpayers who chose to call may encounter long wait times. Help get this information out to others.

Tax Year 2020

Two EIPs (EIP1 and EIP2) were issued to eligible taxpayers during 2020 and early 2021. These EIPs were advanced payments of the Recovery Rebate Credit (RRC), a refundable credit, claimed on the 2020 Individual Tax Return.

How do I get these EIPs if I didn’t receive them or got an incorrect amount?

If you are eligible and did not receive either or both EIPs, you now must claim them as the RRC on the 2020 Form 1040, Individual Income Tax or Form 1040-SR, U.S. Tax Return for Seniors. The Form 1040 and Form 1040-SR instructions include a worksheet you can use to figure the amount of any RRC for which you are eligible.The eligibility criteria for the RRC is generally the same as for EIPs, except that the RRC is based on tax year 2020 information, instead of the tax year 2019 or tax year 2018 information used for EIP1 and tax year 2019 information used for EIP2.

If you are not normally required to file a tax return, you still must file either a 2020 Form 1040, Individual Income Tax or Form 1040-SR, U.S. Tax Return for Seniors to get the amount owed.

There is no other way to receive the amount of 2020 stimulus/RRC credit you may be entitled to, with one exception:

If you did not receive an EIP payment, but did get Notice 1444, visit the IRS’s Economic Impact Payments page and look for the EIP Frequently Asked Questions and Answers pages; then, under the section titled Payment Issued but Lost, Stolen, Destroyed or Not Received, follow the applicable instructions. Note the EIP FAQ pages are separated for the EIP1, EIP2, and EIP3 payments, so make sure you are looking at the correct page for the EIP you are missing.

How long will it take to get a refund?

If you are eligible for a refund of your 2020 income tax, then the amount you receive for the Recovery Rebate Credit will be included as part of your 2020 tax refund. It will not be issued separately. You can check the status of your refund under Where’s My Refund?

Generally, you will receive your refund within 3 weeks if you file electronically or 8 weeks if you mail your return. See How long you may have to wait? for more details. If the IRS identifies an error in your calculation for this (or anything else reported on your return), it could also cause a delay while IRS make any necessary corrections. Please note that the IRS is experiencing delays in processing mailed tax returns. To receive any tax refund you are due, we recommend you file your tax return electronically as quickly as possible. If you need assistance with electronically filing and you meet the eligibility requirements, a Volunteer Income Tax Assistance or Tax Counseling for the Elderly site may be able to assist you.Be aware though, that the 2020 Recovery Rebate Credit can be reduced to pay debts owed to other Federal government agencies (separate from federal income tax debt), as well as to state agencies. Keep in mind that the credit is part of your tax refund and your tax refund is subject to any offset. However, see the National Taxpayer Advocate’s blog, dated March 15, 2021 for more information concerning 2020 RRC offsets.

Why is my 2020 Recovery Rebate Credit different than expected?

The IRS is mailing letters to some taxpayers who claimed the 2020 credit, but may be getting a different amount than they expected. Here are some common reasons the IRS corrected the credit:

The individual was claimed as a dependent on another person’s 2020 tax return.

The individual did not provide a Social Security number valid for employment.

The qualifying child was age 17 or older on January 1, 2020.

Math errors relating to calculating adjusted gross income and any EIPs already received.

IRS.gov has a special section – Correcting Recovery Rebate Credit issues after the 2020 tax return is filed – that provides additional information explaining what errors may have occurred. Taxpayers who disagree with the IRS calculation should review their letter as well as the questions and answers for what information they should have available when contacting the IRS. See IRS information letters about Economic Impact Payments and the Recovery Rebate Credit or visit IRS.gov/rrc and the frequently asked questions by topic for more details.

Where can I find more information?

See our Coronavirus (COVID-19) Tax Relief page, Recovery Rebate Credit & Economic Impact Payments section and Additional Economic Impact Payment Information section for more detailed information or go to the following IRS.gov pages:

 

2020 Recovery Rebate Credit (RRC)

Topic A: Claiming the Recovery Rebate Credit if you aren’t required to file a tax return

Topic B: Eligibility

Topic C: Claiming the Credit

Topic D: Calculating the Credit

Topic E: Receiving the Credit

Topic F: Finding the First and Second Economic Impact Payment Amounts to Calculate the 2020 Recovery Rebate Credit

Topic G: Correcting issues after the 2020 tax return is filed

See also TAS’s Ability to Help With Delayed Refunds Is Limited.

Tax Year 2021

The American Rescue Plan Act of 2021, enacted March 11, 2021, provides a 2021 Recovery Rebate Credit (RRC) which can be claimed on 2021 Individual Income Tax Returns. It also provides for an advanced payment of the RRC in calendar year 2021 through payments that are referred to as Economic Impact Payments (EIP3), similar to what was done in 2020, but with different eligibility criteria and payment amounts. More detailed information about when and how to claim the RRC on the 2021 individual tax forms will be provided prior to the opening of the 2021 filing season.

How much should my EIP3 amount be?

Generally, the amount will be $1,400 (or $2,800 in the case of a joint return), plus an additional $1,400 per each qualifying dependent of the taxpayer, for all U.S. residents with adjusted gross income up to a threshold phase-out of $75,000 ($150,000 in the case of a joint return or a surviving spouse, and $112,500 in the case of a head of household), who are not a dependent of another taxpayer and have a work-eligible Social Security number (SSN). The rebate amount is phased out above certain income levels.

When should I get my 2021 EIP3 payment and how can I check on it?

The IRS started issuing the EIP3 to eligible individuals in phases in March of 2021. EIP3 will be sent each week to eligible individuals throughout most of the calendar year 2021 by direct deposit, or mailed as a check, or a debit card, as the IRS continues to process tax returns. You can check your payment status in the Get My Payment tool.

Where can I find more information?

See our Coronavirus (COVID-19) Tax Relief page, 2021 Recovery Rebate Credit & Economic Impact Payments sections and Additional Economic Impact Payment Information section for more detailed information or go to the following IRS.gov pages:

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS

ARPA Provides More Than Just Direct Payments to Taxpayers

Posted by Admin Posted on Apr 22 2021

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On March 11, another round of COVID-19 relief legislation was signed into law. The American Rescue Plan Act (ARPA) includes funding for individuals, businesses, and state and local governments, but also some significant tax-related provisions.

ARPA extends and expands some tax provisions in the CARES Act and the Consolidated Appropriations Act (CAA) and also includes some new tax-related provisions.

A quick look

Here’s a quick look at some of the tax provisions that may affect you:

Individuals

Recovery rebates of up to $1,400 for singles and heads of households and $2,800 for married couples filing jointly — plus $1,400 per qualifying dependent (including adult dependents) — subject to adjusted gross income (AGI) phaseouts starting at $75,000 for singles, $112,500 for heads of households and $150,000 for joint filers and ending at $80,000, $120,000 and $160,000, respectively

Increased Child credit, including advance payments of part of the credit later this year

Expanded child and dependent care tax credit

Tax-free treatment of forgiven student loan debt

Exclusion from gross income of the first $10,200 in unemployment benefits received

Businesses and other employers

Extended and expanded tax credits for retaining employees, through Dec. 31, 2021

Extended and modified payroll tax credits for paid sick and family leave, through Sept. 30, 2021

Extended excess business loss limitation, through Dec. 31, 2026

Expansion of the Section 162(m) limits on the tax deduction public companies can take for executive compensation to cover the CEO, the CFO and the five next highest paid employees, beginning in 2027

How will you benefit?

This is just a brief overview of the tax-related provisions of ARPA. Additional rules and limits apply. Contact your tax advisor for more details on these provisions and how you might benefit.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters        

Taxpayers may file a 2020 superseding return changing their joint filing election to receive the third economic impact payment.

Posted by Admin Posted on Apr 22 2021

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Economic Impact Payments

The IRS previously issued two rounds of economic impact payments (EIPs). The IRS delivered over 160 million payments for the first round of EIPs and 147 million payments for the second round of EIPs. The IRS has currently disbursed approximately 159 million payments for the third round of EIPs based on the adjusted gross incomes of the taxpayers’ latest processed returns from 2019 or 2020. The IRS is also automatically issuing and will continue to issue true-up payments for those individuals who already received a third EIP based on their 2019 tax return but have since filed their 2020 tax return and qualify for additional EIP funds. However, since enactment of the legislation many eligible victims of domestic abuse face issues in receiving their EIPs.

If the IRS determined the EIP based upon a filed joint tax return, it electronically deposited the EIP to the bank account shown on the joint return or it issued a check in both taxpayers’ names and sent the check to the address shown on the joint return. And on March 30, the IRS advised joint filers that taxpayer may receive half of the EIP payment as a direct deposit and the other half as a check, so keep an eye on your mailbox.

Superseding Returns

In my April 29, 2020, blog, I called attention to superseding returns — returns filed after an original return but before the due date of the original return. Returns are typically due on April 15, but taxpayers can submit a Form 4868, Application for Automatic Extension of Time to File, until October 15. Taxpayers can use superseding returns to correct an error or change a tax election as a substitute for the original filed return. For example, taxpayers might elect to have an overpayment shown on an original return applied to the tax owed the following year. By filing a second (superseding) return, taxpayers can change that election and receive the refund in the current year instead.

Superseding returns are treated as a replacement of an original return, and the IRS adjusts its records accordingly (see, for example, Internal Revenue Manual (IRM) 21.6.7.4.10). As I noted in a recent blog, it is important to remember the IRS treats the original return filing date as the key date for assessment and refund statute purposes — not the date the superseding return was filed if the superseding return was filed before an extended due date.

Superseding Return Changing Filing Status

Another reason to file a superseding return would be to change the election to file a joint return. For example, taxpayers who were married at the conclusion of the tax year, filed a joint return, and subsequently divorced or separated might decide to change their filing statuses (to married filing separately or head of household, if eligible).  One additional benefit is each spouse would receive their EIP individually rather than receive their EIP as an electronic deposit to a joint bank account they no longer share, or via a check in both their names to an address they no longer share.

Taxpayers who are still married, particularly victims of domestic abuse, may also decide to change their joint return election by filing a timely superseding return. This may be especially important when they do not have access to the bank account shown on the filed joint return, or they cannot access the mail at the address shown on the joint return, and the other joint filer may misappropriate their share of EIP.

The IRM takes the position that superseding returns changing the joint filing election must be filed before the due date of the original return without regard to extensions. The deadline for filing an original return was postponed to May 17, 2021, for tax year 2020 (see Treas. Reg. § 1.6013–1(a)(1)). Taxpayers may request extensions to file beyond that date and may file superseding returns if they do so by the extended filing date, but the IRS’s position set forth in its IRM states that for irrevocable elections (e.g., section 179, Joint to Separate) a return filed after the original due date but on or before the extended due date does not constitute a superseding return.

If the IRS did not issue the first or second EIP based on a taxpayer’s filed superseding return changing a joint filing status and instead based the EIP on the prior joint return, the taxpayer may still claim a Recovery Rebate Credit (RRC) on their 2020 income tax return, Form 1040, line 30. However, taxpayers should expect that their refund will be delayed because the IRS will manually review the claim if its records are inconsistent with the RRC.  The IRS will likely issue a math error notice explaining that it is reducing or eliminating the claimed RRC because the EIP was previously paid. This leaves the taxpayer in a situation that is similar to the one I discussed in my February 11, 2021, blog — EIP is based on a joint return but the joint election was invalid because it was coerced, or the taxpayers were not married. In either instance, taxpayers will have the opportunity to explain their situation by responding to the math error notice and must respond within 60 days that the joint election was invalid or was superseded and they did not receive the EIP to which they were entitled.

Conclusion and Recommendation

Taxpayers who did not receive their first or second EIP after they filed a superseding return changing their election from filing jointly may still be eligible for the RRC on their 2020 income tax return. Taxpayers may still file a superseding return electing to file married filing separately or head of household for the 2020 return by May 17 which may trigger a separate EIP after processing the superseded return.  That superseded return would be the basis for the third EIP.

I will continue to work with the IRS to ensure appropriate math error notice procedures are in place to assist with the processing of the 2020 RRC for those taxpayers that filed superseding returns changing their election to file a joint return.  Victims of domestic violence in particular may benefit from these procedures.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS

Can Your Business Benefit From the Enhanced Employee Retention Credit?

Posted by Admin Posted on Apr 22 2021

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Over the course of the COVID-19 pandemic, many businesses have had to shut down or reduce operations, causing widespread furloughs and layoffs. Fortunately, employers that have kept workers on their payrolls may be eligible for a refundable employee retention credit. Three laws have created, extended and enhanced the credit.

The original law

The CARES Act created the employee retention credit in March of 2020. The credit originally:

Equaled 50% of qualified employee wages paid by an eligible employer in an applicable 2020 calendar quarter,

Was subject to an overall wage cap of $10,000 per eligible employee, and

Was available to eligible large and small employers.

The credit covered wages paid from March 13, 2020, through Dec. 31, 2020.

What’s changed

The Consolidated Appropriations Act (CAA), signed into law in December of 2020, extended the covered wage period to include the first two calendar quarters of 2021, ending on June 30, 2021. And now the American Rescue Plan Act (ARPA), signed into law on March 11, has extended it again through Dec. 31, 2021.

In addition, for the first two quarters of 2021, the CAA increased the overall covered wage ceiling to 70% of qualified wages paid during the applicable quarter. And it increased the per-employee covered wage ceiling to $10,000 of qualified wages paid during the applicable quarter (versus a $10,000 annual ceiling under the original rules). Because of the ARPA extension, these higher wage ceilings now apply to all four quarters of 2021.

Substantial tax savings

Additional rules and limits apply to the employee retention credit, and these are just some of the changes made to it. But the potential tax savings can be substantial. Contact your tax advisor for more information about this tax saving opportunity.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters     

Tax Day for individuals extended to May 17: Treasury, IRS extend filing and payment deadline

Posted by Admin Posted on Mar 24 2021

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WASHINGTON — The Treasury Department and Internal Revenue Service announced  that the federal income tax filing due date for individuals for the 2020 tax year will be automatically extended from April 15, 2021, to May 17, 2021. The IRS will be providing formal guidance in the coming days.

"This continues to be a tough time for many people, and the IRS wants to continue to do everything possible to help taxpayers navigate the unusual circumstances related to the pandemic, while also working on important tax administration responsibilities," said IRS Commissioner Chuck Rettig. "Even with the new deadline, we urge taxpayers to consider filing as soon as possible, especially those who are owed refunds. Filing electronically with direct deposit is the quickest way to get refunds, and it can help some taxpayers more quickly receive any remaining stimulus payments they may be entitled to."

Individual taxpayers can also postpone federal income tax payments for the 2020 tax year due on April 15, 2021, to May 17, 2021, without penalties and interest, regardless of the amount owed. This postponement applies to individual taxpayers, including individuals who pay self-employment tax. Penalties, interest and additions to tax will begin to accrue on any remaining unpaid balances as of May 17, 2021. Individual taxpayers will automatically avoid interest and penalties on the taxes paid by May 17.

Individual taxpayers do not need to file any forms or call the IRS to qualify for this automatic federal tax filing and payment relief. Individual taxpayers who need additional time to file beyond the May 17 deadline can request a filing extension until Oct. 15 by filing Form 4868 through their tax professional, tax software or using the Free File link on IRS.gov. Filing Form 4868 gives taxpayers until October 15 to file their 2020 tax return but does not grant an extension of time to pay taxes due. Taxpayers should pay their federal income tax due by May 17, 2021, to avoid interest and penalties.

The IRS urges taxpayers who are due a refund to file as soon as possible. Most tax refunds associated with e-filed returns are issued within 21 days.

This relief does not apply to estimated tax payments that are due on April 15, 2021. These payments are still due on April 15. Taxes must be paid as taxpayers earn or receive income during the year, either through withholding or estimated tax payments. In general, estimated tax payments are made quarterly to the IRS by people whose income isn't subject to income tax withholding, including self-employment income, interest, dividends, alimony or rental income. Most taxpayers automatically have their taxes withheld from their paychecks and submitted to the IRS by their employer.

State tax returns

The federal tax filing deadline postponement to May 17, 2021, only applies to individual federal income returns and tax (including tax on self-employment income) payments otherwise due April 15, 2021, not state tax payments or deposits or payments of any other type of federal tax. Taxpayers also will need to file income tax returns in 42 states plus the District of Columbia. State filing and payment deadlines vary and are not always the same as the federal filing deadline. The IRS urges taxpayers to check with their state tax agencies for those details.

Winter storm disaster relief for Louisiana, Oklahoma and Texas

Earlier this year, following the disaster declarations issued by the Federal Emergency Management Agency (FEMA), the IRS announced relief for victims of the February winter storms in Texas, Oklahoma and Louisiana. These states have until June 15, 2021, to file various individual and business tax returns and make tax payments. This extension to May 17 does not affect the June deadline.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: IRS        

American Rescue Plan Act (H.R. 1319)

Posted by Admin Posted on Mar 24 2021

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President Biden signed into law the American Rescue Plan Act (ARPA), H.R. 1319. A few highlights of the $1.9 trillion Act include an exclusion of up to $10,200 of unemployment benefits received for taxpayers making less than $150,000; a third economic impact payment that is an advance of 2021 tax credit; changes to the child tax credit, earned income credit and dependent care credit. The IRS announced that they are reviewing implementation plans for the newly enacted American Rescue Plan Act of 2021. Additional information about a new round of Economic Impact Payments, the expanded Child Tax Credit, including advance payments of the Child Tax Credit, and other tax provisions will be made available as soon as possible on IRS.gov. The IRS strongly urges taxpayers to not file amended returns related to the new legislative provisions or take other unnecessary steps at this time.

The IRS will provide taxpayers with additional guidance on those provisions that could affect their 2020 tax return, including the retroactive provision that makes the first $10,200 of 2020 unemployment benefits nontaxable. For those who haven't filed yet, the IRS will provide a worksheet for paper filers and work with software industry to update current tax software so that taxpayers can determine how to report their unemployment income on their 2020 tax return. For those who received unemployment benefits last year and have already filed their 2020 tax return, the IRS emphasizes they should not file an amended return at this time, until the IRS issues additional guidance

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.                                   

Source: Thomson Reuters

HOW DO I FILE AN AUTO INSURANCE CLAIM?

Posted by Admin Posted on Mar 24 2021

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A few tips to ensure that you claim correctly and receive your money as quickly as possible:

  • File the claim immediately; take note of hospital bills, police accident reports, and copies of claims that have been submitted.
  • Take notes of exactly what was said every time you speak with a company representative, make a note of the date and keep the information together in a file.
  • If you get the feeling that the company isn't being forthcoming with the results that you need, complain to the state insurance regulator.
  • If you still feel that your claim isn't getting the attention it deserves, call a lawyer.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

MULTISTATE RESIDENT? WATCH OUT FOR DOUBLE TAXATION

Posted by Admin Posted on Mar 24 2021

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Contrary to popular belief, there’s nothing in the U.S. Constitution or federal law that prohibits multiple states from collecting tax on the same income. Although many states provide tax credits to prevent double taxation, those credits are sometimes unavailable. If you maintain residences in more than one state, here are some points to keep in mind.

Domicile vs. residence

Generally, if you’re “domiciled” in a state, you’re subject to that state’s income tax on your worldwide income. Your domicile isn’t necessarily where you spend most of your time. Rather, it’s the location of your “true, fixed, permanent home” or the place “to which you intend to return whenever absent.” Your domicile doesn’t change — even if you spend little or no time there — until you establish domicile elsewhere.

Residence, on the other hand, is based on the amount of time you spend in a state. You’re a resident if you have a “permanent place of abode” in a state and spend a minimum amount of time there — for example, at least 183 days per year. Many states impose their income taxes on residents’ worldwide income even if they’re domiciled in another state.

Potential solution

Suppose you live in State A and work in State B. Given the length of your commute, you keep an apartment in State B near your office and return to your home in State A only on weekends. State A taxes you as a domiciliary, while State B taxes you as a resident. Neither state offers a credit for taxes paid to another state, so your income is taxed twice.

One possible solution to such double taxation is to avoid maintaining a permanent place of abode in State B. However, State B may still have the power to tax your income from the job in State B because it’s derived from a source within the state. Yet State B wouldn’t be able to tax your income from other sources, such as investments you made in State A.

Minimize unnecessary taxes

This example illustrates just one way double taxation can arise when you divide your time between two or more states. Our firm can research applicable state law and identify ways to minimize exposure to unnecessary taxes.

Sidebar: How to establish domicile

Under the law of each state, tax credits are available only with respect to income taxes that are “properly due” to another state. But, when two states each claim you as a domiciliary, neither believes that taxes are properly due to the other. To avoid double taxation in this situation, you’ll need to demonstrate your intent to abandon your domicile in one state and establish it in the other.

There are various ways to do so. For example, you might obtain a driver’s license and register your car in the new state. You could also open bank accounts in the new state and use your new address for important financially related documents (such as insurance policies, tax returns, passports and wills). Other effective measures may include registering to vote in the new jurisdiction, subscribing to local newspapers and seeing local health care providers. Bear in mind, of course, that laws regarding domicile vary from state to state.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

THE TAX ADVOCATE SERVICE, PROVIDED BY THE IRS

Posted by Admin Posted on Mar 24 2021

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Have you tried everything to resolve a tax problem with the IRS but are still experiencing delays? Are you facing what you consider to be an economic burden or hardship due to IRS collection or other actions? If so, you can seek the assistance of the Taxpayer Advocate Service.

You may request the assistance of the Taxpayer Advocate if you find that you can no longer provide for basic necessities such as housing, transportation or food because of IRS actions. You can also seek help from the Taxpayer Advocate Service if you own a business and are unable to meet basic expenses such as payroll because of IRS actions. A delay of more than 30 days to resolve a tax related problem or no response by the date promised may also qualify you for assistance.

Qualified taxpayers will receive personalized service from a knowledgeable Taxpayer Advocate. The Advocate will listen to your situation, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved to the fullest extent permitted by law.

The Taxpayer Advocate Service is an independent organization within the IRS and can help clear up problems that resulted from previous contacts with the IRS. Taxpayer Advocates will ensure that your case is given a complete and impartial review. What's more, if your problem affects other taxpayers, the Taxpayer Advocate Service can work to change the system.

If you have any questions regarding accounting, domestic taxation, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

WHAT CAN I DO TO GET A GOOD PRICE ON MY HOMEOWNER'S INSURANCE?

Posted by Admin Posted on Mar 24 2021

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Clearly you should always perform a good amount of due diligence when searching for any policy. Be sure to compare the differences in services offered and prices quoted. There are many discounts available for different things, don't forget to ask if you qualify for any of them.

Remember that the deductible will largely affect the price of the premium. It is a good idea to keep the deductible as high as you feel comfortable with to keep the premium down.

You can generally get a better deal when you purchase your auto and house policies from the same company and you can also get a better rate by not insuring the land.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters 

HOW CAN I EASILY COMPARE PRICES BETWEEN INSURANCE COMPANIES?

Posted by Admin Posted on Mar 18 2021

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In most states there will be a set of rules laid down by a group of insurance regulators. Agents may be required to calculate two different types of indexes to aid in price shopping.

  • Net payment index
  • Surrender cost index

The net payment index calculates the cost of carrying the policy for ten to twenty years. This can be judged easily by remembering that the lower this number is, the more inexpensive the policy is. This is most helpful if you are more concerned with the death payout than the investment.

On the other hand, the surrender cost index is more useful to those who are concerned with the cash value of the investment. The lower this number is, the better.

The cash surrender value is what you will receive in return if you were to surrender the policy, which is different than the cash accumulation value. If you are checking the prices of universal life policies, if the policies have different premiums and death benefits, the policy with the higher cash surrender value would be the better investment.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

REFINANCING YOUR HOME

Posted by Admin Posted on Mar 18 2021

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Taxpayers who refinanced their homes may be eligible to deduct some costs associated with their loans.

Generally, for taxpayers who itemize, the “points” paid to obtain a home mortgage may be deductible as mortgage interest. Points paid to obtain an original home mortgage can be, depending on circumstances, fully deductible in the year paid. However, points paid solely to refinance a home mortgage usually must be deducted over the life of the loan.

For a refinanced mortgage, the interest deduction for points is determined by dividing the points paid by the number of payments to be made over the life of the loan. This information is usually available from lenders. Taxpayers may deduct points only for those payments made in the tax year. For example, a homeowner who paid $2,000 in points and who would make 360 payments on a 30-year mortgage could deduct $5.56 per monthly payment, or a total of $66.72 if he or she made 12 payments in one year.

However, if part of the refinanced mortgage money was used to finance improvements to the home and if the taxpayer meets certain other requirements, the points associated with the home improvements may be fully deductible in the year the points were paid. Also, if a homeowner is refinancing a mortgage for a second time, the balance of points paid for the first refinanced mortgage may be fully deductible at pay off.

Other closing costs — such as appraisal fees and other non-interest fees — generally are not deductible. Additionally, the amount of Adjusted Gross Income can affect the amount of deductions that can be taken.  Please contact us if you've recently refinanced, and we can be a big help!

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

CHARITABLE GIVING IN A TIME OF CRISIS

Posted by Admin Posted on Mar 18 2021

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The novel coronavirus (COVID-19) pandemic has created much financial stress, but the crisis has also generated an intense need for charitable action. If you’re able to continue donating during this difficult period, the Coronavirus Aid, Relief, and Economic Security (CARES) Act may make it a little easier for you to do so, whether you’re a small or large donor.

Tax benefits

From an income tax perspective, the CARES Act has expanded charitable contribution deductions. Individual taxpayers who don’t itemize can take advantage of a new above-the-line $300 deduction for cash contributions to qualified charities in 2020. “Above-the-line” means the deduction reduces adjusted gross income (AGI). You can take this in addition to your standard deduction.

For larger donors, the CARES Act has eased the limitation on charitable deductions for cash contributions made to public charities in 2020, boosting it from 60% to 100% of AGI. There’s no requirement that your contributions be related to COVID-19.

Careful steps

To be able to claim a donation deduction, whatever the size, you need to ensure you’re giving to a qualified charity. You can check a charity’s eligibility to receive tax-deductible contributions by visiting the IRS’s Tax-Exempt Organization Search.

If you’re making a large gift, it’s a good idea to do additional research on the charities you’re considering so you can make sure they use their funds efficiently and effectively. The IRS tool provides access to detailed financial information about charitable organizations, such as Form 990 information returns and IRS determination letters.

Even if a charity is financially sound when you make a gift, there’s no guarantee it won’t suffer financial distress, file for bankruptcy protection or even cease operations down the road. The last thing you likely want is for a charity to use your gifts to pay off its creditors or for a purpose unrelated to the mission that inspired you to give in the first place.

One way to manage these risks is to restrict the use of your gift. For example, you might limit the use to assisting a specific constituency or funding medical research. These restrictions can be documented in a written gift or endowment fund agreement.

Generous impact

Indeed, charitable giving is more important than ever. Contact our firm for help allocating funds for a donation and understanding the tax impact of your generosity.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters   

WHAT LEVEL OF HOME INSURANCE SHOULD I BUY?

Posted by Admin Posted on Mar 18 2021

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Make sure that you are insured against whatever natural disasters are common in your area, because insurance against these differs. If you don't specifically ask, you may not be covered.

Be sure to insure for 100% of rebuilding costs. The price of rebuilding your home could differ greatly from the amount that your home is valued at today.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

-WHAT CAN I DO TO ENSURE THAT I AM INSURED ADEQUATELY?

Posted by Admin Posted on Mar 10 2021

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Make a list of your possessions in your household. The better documented this is the more likely you will be to be able to replace them.

Make sure that you inform your agents of any changes that you make to the home so that if anything happens to the structure, the recent changes will be reflected in the payout.

Check to see if there are any specific limits to what is insured by your company. Sometimes a person may think they are covered for certain things, but the limits negate that.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:Thomson Reuters  

WHY SHOULD I HAVE LIFE INSURANCE? DO I REALLY NEED IT?

Posted by Admin Posted on Mar 10 2021

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The main reason that people purchase life insurance is to know that in the event of their passing, their children and loved ones will be taken care of. Life insurance can also help with the distribution of your estate. Your payout could go to family, charity, or wherever you choose to distribute it.

The main reasons to buy life insurance would be because you have dependents that would be put in a tough position without you providing for them. For example, if you have a spouse, a child, or a parent who is dependent on your income, you should have life insurance.

If you have a spouse and young children, you will need more insurance than someone with older children, because they will be dependents for a longer amount of time than older children. If you are in a position where you and your spouse both earn for the family, then you should both be insured in proportion to the incomes that you garner.

If you have a spouse and older children or no children, you will still want to have life insurance, but you won't need the same level of insurance as in the first example, just enough to ensure that your spouse will be provided for, to cover your burial expenses, and to settle the debts that you have accumulated.

If you don't have children or a spouse, you will only need enough insurance to make sure that your burial expenses are covered, unless you would like to have an insurance policy in order to help in the distribution of your estate.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:Thomson Reuters

TAXPAYER BILL OF RIGHTS 6: THE RIGHT TO FINALITY

Posted by Admin Posted on Mar 02 2021

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The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.

It includes The Right to Finality.

Taxpayers have the right to know the maximum amount of time they have to challenge the IRS’s position as well as the maximum amount of time the IRS has to audit a particular tax year or collect a tax debt. Taxpayers have the right to know when the IRS has finished an audit.

What you can expect:

  • The IRS generally has three years from the date you file your return to assess any additional tax for that tax year. There are some limited exceptions to this rule. For example, if you fail to file a return or you file a false or fraudulent return, the IRS has an unlimited amount of time to assess tax for that tax year.
  • The IRS generally has 10 years from the assessment date to collect unpaid taxes from you. The IRS can’t extend this 10-year period unless you agree to extend the period as part of an installment agreement to pay your tax debt or the IRS obtains a court judgment. However, there are some situations where the IRS may suspend the ten-year collection period and resume it later. The IRS may be able to do this if there’s a period when the IRS cannot collect, such as times of bankruptcy or a collection due process proceeding.
  • If you believe you have overpaid your taxes, you can file a refund claim asking for the money back. Generally, you must file a refund claim within three years from the date you filed your original return, or two years from the date you paid the tax, whichever is later.
  • If the IRS sends you a notice proposing additional tax (statutory notice of deficiency), the notice must include the deadline for when you can file a petition with the Tax Court to challenge the amount proposed.
  • To timely challenge a statutory notice of deficiency in Tax Court, you must file your petition within 90 days of the date of the statutory notice (150 days if the taxpayer’s address on the notice is outside the United States or if the taxpayer is out of the country at the time the notice is mailed). If you do not timely file a petition, the IRS will assess the amount proposed in the statutory notice and you will receive a bill.
  • Generally, the IRS can only examine (audit) your tax return once for any given tax year. However, the IRS may reopen a previously examined return if the IRS finds it necessary. For example, if there is evidence of fraud, the IRS can reopen an exam.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages. 

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source :  IRS      

TAXPAYER BILL OF RIGHTS 5: THE RIGHT TO APPEAL AN IRS DECISION IN AN INDEPENDENT FORUM

Posted by Admin Posted on Mar 02 2021

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The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.

It includes The Right to Appeal an IRS Decision in an Independent Forum.

Taxpayers are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties, and have the right to receive a written response regarding the Office of Appeals’ decision. Taxpayers generally have the right to take their cases to court.

What you can expect:

  • The IRS Commissioner must ensure that there is an independent IRS Office of Appeals. It’s an office that is separate from the IRS office that initially reviewed your case. Generally, Appeals will not discuss a case with the IRS to the extent that those communications appear to compromise the independence of Appeals.
  • Publication 5, Your Appeal Rights and How to Prepare a Protest If You Don’t Agree PDF, tells you how to appeal your tax case if you don’t agree with the IRS’s findings.
  • If the IRS has sent you a statutory notice of deficiency, which is a notice proposing additional tax, and you timely file a petition with the United States Tax Court, you may dispute the proposed adjustment in tax court before you have to pay the tax. For more information about the United States Tax Court, see the Court’s taxpayer information page.
  • Generally, if you fully paid the tax and the IRS denies your tax refund claim, or if the IRS takes no action on the claim within six months, then you may file a refund suit. You can file a suit in a United States District Court or the United States Court of Federal Claims. However, you generally have only two years to file a refund suit from the date the IRS mails you a notice that denies your claim.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:  IRS      

TAXPAYER BILL OF RIGHTS 7: THE RIGHT TO PRIVACY

Posted by Admin Posted on Mar 02 2021

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The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.

It includes The Right to Privacy.

Taxpayers have the right to expect that any IRS inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights, including search and seizure protections and will provide, where applicable, a collection due process hearing.

What you can expect:

  • There are limits on the amount of wages that the IRS can levy (seize) to collect tax that you owe. A portion of your wages are protected from levy. The protected amount is the equivalent to the standard deduction, plus any deductions for personal exemptions.
  • The IRS can’t seize certain personal items, such as necessary schoolbooks, clothing, undelivered mail and certain amounts of furniture and household items. The IRS also can’t seize your primary home without court approval. It also must show there is no reasonable, alternative way to collect the tax debt from you.
  • If you submit an offer to settle your tax debt, and the offer relates only to how much you owe (known as a Doubt as to Liability Offer in Compromise), you do not need to submit any financial documentation.
  • The IRS should not seek intrusive and extraneous information about your lifestyle during an audit if there is no reasonable sign that you have unreported income.
  • During a Collection Due Process hearing, the Office of Appeals must consider whether the IRS’s proposed collection action balances the need for efficient tax collection with ensuring the IRS’s collection actions are no more intrusive to you than necessary.
  • More information about the IRS Privacy Policy is available online.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages. 

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source:  IRS  

PPP Loans: What 2020 Borrowers Need to Know in 2021

Posted by Admin Posted on Mar 02 2021

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Almost a year ago, the Paycheck Protection Program (PPP) was launched in response to the COVID-19 crisis. If your company took out such a loan, you’re likely curious about the tax consequences — particularly for loans that have been forgiven — and also about the launch of “second-draw” PPP loans.

Forgiveness criteria

An eligible recipient may have a PPP loan forgiven in an amount equal to the sum of various costs incurred and payments made during the covered period. These include payroll costs, interest (but not principal) payments on any covered mortgage obligation (for mortgages in place before February 15, 2020), payments for any covered rent obligation (for leases that began before February 15, 2020), and covered utility payments (for utilities that were turned on before February 15, 2020). Also eligible are covered operations expenditures, property damage costs, supplier costs and worker protection expenses.

Your covered period would normally have been the 24-week period beginning on the date you took out the loan (ending no later than December 31, 2020, if that was before the expiration of the 24-week period). If you received a PPP loan before June 5, 2020, you could elect a shorter 8-week covered period. If you didn’t elect the 8-week period and instead used the longer 24-week period, you had to maintain payroll levels for the full 24 weeks to be eligible for loan forgiveness. If you didn't make an election, the 24-week period applies.

An eligible recipient seeking forgiveness of indebtedness on a covered loan must verify that the amount for which forgiveness is requested was used to retain employees, make interest payments on a covered mortgage obligation, make payments on a covered lease obligation or make covered utility payments.

Cancellation and deductibility

The reduction or cancellation of indebtedness generally results in cancellation of debt income to the debtor. However, the forgiveness of PPP debt is excluded from gross income. Your tax attributes (net operating losses, credits, capital and passive activity loss carryovers, and basis) won’t generally be reduced on account of this exclusion.

The CARES Act was silent on whether expenses paid with the proceeds of PPP loans could be deducted. The IRS took the position that these expenses were not deductible. However, under the Consolidated Appropriations Act (CAA), enacted at the end of 2020, expenses paid from the proceeds of PPP loans are deductible.

“Second-draw” PPP loans

Under the CAA, eligible businesses may be able take out so-called “second-draw” PPP loans. These loans are primarily intended for beleaguered small businesses with 300 or fewer employees that have used up, or will soon use up, the proceeds from initial PPP loans. The maximum second-draw loan amount is $2 million, and only one such loan can be taken out.

To qualify for a second-draw loan, a business must demonstrate at least a 25% decline in gross receipts in any quarter of 2020 as compared to the corresponding quarter in 2019. Qualifying businesses can generally borrow up to 2.5 times their average monthly payroll costs for either the one-year period before the date on which the loan is made or calendar year 2019. The application deadline is March 31, 2021.

Any questions?

A PPP loan may complicate your company’s 2020 income tax filing, but a second draw could provide a much-needed influx of cash. Please contact us with any questions you might have.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters             

TAXPAYER BILL OF RIGHTS 4: THE RIGHT TO CHALLENGE THE IRS’S POSITION AND BE HEARD

Posted by Admin Posted on Mar 02 2021

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The Taxpayer Bill of Rights is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service. The IRS wants every taxpayer to be aware of these rights in the event they need to work with the IRS on a personal tax matter. The IRS continues to publicly highlight these rights to taxpayers. The IRS also regularly reminds its employees about these rights. The IRS expects employees to understand and apply taxpayer rights throughout every encounter with taxpayers.

IRS Publication 1, Your Rights as a Taxpayer, includes a full list of taxpayers’ rights.
 
It includes The Right to Challenge the IRS’s Position and Be Heard.

Taxpayers have the right to raise objections and provide additional documentation in response to formal IRS actions or proposed actions, to expect that the IRS will consider their timely objections and documentation promptly and fairly, and to receive a response if the IRS does not agree with their position.

What you can expect:

  • If the IRS notifies you that your tax return has a math or clerical error, you have 60 days to tell the IRS that you disagree. You should provide photocopies of any records that may help correct the error. In addition, you may call the number listed on your notice or bill for help. If the IRS agrees with your position, we will make the necessary adjustment to your account and send you a corrected notice.
  • If the IRS does not adopt your position, it will send a notice proposing a tax adjustment (known as a statutory notice of deficiency). The statutory notice of deficiency gives you the right to challenge the proposed adjustment in the United States Tax Court before paying it. To do this, you need to file a petition within 90 days of the date of the notice (150 days if the notice is addressed to you outside the United States). For more information about the United States Tax Court, see the Court’s taxpayer information page.
  • If you submit documentation or raise objections during a return examination (or audit), and the IRS does not agree with your position, it will issue you a statutory notice of deficiency. This notice will explain why the IRS is increasing your tax, which gives you the right to petition the U.S. Tax Court prior to paying the tax.
  • When the IRS notifies you of plans to levy your bank account or other property, you’ll generally have an opportunity to request a hearing before the Office of Appeals. Also, you’ll generally have an opportunity to appeal the proposed or actual filing of a notice of federal tax lien.

To find out more about the TBOR and what it means to you, visit: https://www.taxpayeradvocate.irs.gov

The IRS offers Publication 1, Your Rights as a Taxpayer, in several languages

By making this important publication available in multiple languages, the IRS hopes to increase the number of Americans who know and understand their rights under the tax law. The IRS has more tax information in other languages too. See the “Languages” menu at the top of any IRS.gov page.

The IRS also is committed to protecting taxpayers’ civil rights. The IRS will not tolerate discrimination based on age, color, disability, race, reprisal, national origin, English proficiency, religion, sex, sexual orientation or status as a parent. This includes any contact with IRS employees and the staff or volunteers at community sites.

If a taxpayer faces discrimination, they can send a written complaint PDF to the IRS Civil Rights Division.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: IRS

Why the Child Tax Credit is so Valuable

Posted by Admin Posted on Feb 25 2021

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If you’re a parent, or soon will be, you’re no doubt aware of how expensive it is to pay for food, clothes, activities and education. Fortunately, the federal child tax credit is available to help many taxpayers with children under the age of 17, and there’s a dependent credit for those who are eligible with older children.

An expanded break

Before the Tax Cuts and Jobs Act (TCJA) kicked in, the child tax credit was $1,000 per qualifying child. But it was reduced for eligible married couples filing jointly by $50 for every $1,000 (or part of $1,000) by which their adjusted gross income (AGI) exceeded $110,000 ($75,000 for unmarried taxpayers).

Starting with the 2018 tax year, and applying through the 2025 tax year, the TCJA doubled the child tax credit to $2,000 per qualifying child under 17. It also created a $500 credit per dependent who isn’t a qualifying child under 17. There’s no age limit for the $500 credit, but IRS tests for dependency must be met.

The TCJA also substantially increased the thresholds at which the credit begins to phase out. Starting with the 2018 tax year, the total credit amount allowed to a married couple filing jointly is reduced by $50 for every $1,000 (or part of a $1,000) by which their AGI exceeds $400,000. The threshold is $200,000 for other taxpayers. So, many taxpayers who were once ineligible for the credit because their AGI was too high are now eligible to claim it.

SSN requirement

In order to claim the child tax credit for a qualifying child, you must include the child’s Social Security number (SSN) on your tax return. Under previous law, you could instead use an individual taxpayer identification number (ITIN) or adoption taxpayer identification number (ATIN).

If a qualifying child doesn’t have an SSN, you won’t be able to claim the $2,000 credit. However, you can claim the $500 dependent credit for that child using an ITIN or an ATIN. The SSN requirement doesn’t apply for non-qualifying-child dependents but, if there’s no SSN, you must provide an ITIN or ATIN for each dependent for whom you’re claiming a $500 credit.

Don’t miss out

The changes made by the TCJA generally increase the value of these credits and widen their availability to more taxpayers. Please contact us for further information or ask about it when we prepare your tax return.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

TAXABLE VS. TAX-ADVANTAGED: WHERE TO HOLD INVESTMENTS

Posted by Admin Posted on Feb 24 2021

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When investing for retirement or other long-term goals, people usually prefer tax-advantaged accounts, such as IRAs, 401(k)s or 403(b)s. Certain assets are well suited to these accounts, but it may make more sense to hold other investments in traditional taxable accounts.

Know the rules

Some investments, such as fast-growing stocks, can generate substantial capital gains, which may occur when you sell a security for more than you paid for it.

If you’ve owned that position for over a year, you face long-term gains, taxed at a maximum rate of 20%. In contrast, short-term gains, assessed on holding periods of a year or less, are taxed at your ordinary-income tax rate — maxing out at 37%. (Note: These rates don’t account for the possibility of the 3.8% net investment income tax.)

Choose tax efficiency

Generally, the more tax efficient an investment, the more benefit you’ll get from owning it in a taxable account. Conversely, investments that lack tax efficiency normally are best suited to tax-advantaged vehicles.

Consider municipal bonds (“munis”), either held individually or through mutual funds. Munis are attractive to tax-sensitive investors because their income is exempt from federal income taxes and sometimes state and local income taxes. Because you don’t get a double benefit when you own an already tax-advantaged security in a tax-advantaged account, holding munis in your 401(k) or IRA would result in a lost opportunity.

Similarly, tax-efficient investments such as passively managed index mutual funds or exchange-traded funds, or long-term stock holdings, are generally appropriate for taxable accounts. These securities are more likely to generate long-term capital gains, which have more favorable tax treatment. Securities that generate more of their total return via capital appreciation or that pay qualified dividends are also better taxable account options.

Take advantage of income

What investments work best for tax-advantaged accounts? Taxable investments that tend to produce much of their return in income. This category includes corporate bonds, especially high-yield bonds, as well as real estate investment trusts (REITs), which are required to pass through most of their earnings as shareholder income. Most REIT dividends are nonqualified and therefore taxed at your ordinary-income rate.

Another tax-advantaged-appropriate investment may be an actively managed mutual fund. Funds with significant turnover — meaning their portfolio managers are actively buying and selling securities — have increased potential to generate short-term gains that ultimately get passed through to you. Because short-term gains are taxed at a higher rate than long-term gains, these funds would be less desirable in a taxable account.

Get specific advice

The above concepts are only general suggestions. Please contact our firm for specific advice on what may be best for you.

Sidebar: Doing due diligence on dividends

If you own a lot of income-generating investments, you’ll need to pay attention to the tax rules for dividends, which belong to one of two categories:

  • Qualified. These dividends are paid by U.S. corporations or qualified foreign corporations. Qualified dividends are, like long-term gains, subject to a maximum tax rate of 20%, though many people are eligible for a 15% rate. (Note: These rates don’t account for the possibility of the 3.8% net investment income tax.)
  • Nonqualified. These dividends — which include most distributions from real estate investment trusts and master limited partnerships — receive a less favorable tax treatment. Like short-term gains, nonqualified dividends are taxed at your ordinary-income tax rate.

If you have any questions regarding Essential Business Accounting, Domestic Taxation, International Taxation, IRS Representation, U.S. Tax Implications of Real Estate Transactions or Financial Statements, please give us a call at 305-274-5811.

Source: Thomson Reuters

TAS Tax Tip: Claiming the Health Care Premium Tax Credit

Posted by Admin Posted on Feb 24 2021

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The Premium Tax Credit (PTC) makes health insurance more affordable by helping eligible individuals and their families pay premiums for coverage purchased through the Health Insurance Marketplace (also referred to as the Marketplace or Exchange).

There are two ways to get the credit:

  • If you qualify for advance payments of the premium tax credit (APTC), you can choose to have all or some of the advance payments paid directly to the insurance provider to help cover your monthly premiums.
  • You can choose to receive the entire benefit when you claim the PTC on your tax return.

However, whether you chose to get advanced payments or claim the credit on the tax return, you must file a federal income tax return, even if otherwise not required to file, and include a completed Form 8962, Premium Tax Credit. If you do not include this form when filing, the IRS will stop processing your tax return and request it from you.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS      

TAS Tax Tip: How to Address Unemployment Compensation Related Identity Theft

Posted by Admin Posted on Feb 24 2021

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During 2020, millions of taxpayers were impacted by the COVID-19 pandemic through job loss or reduced work hours. Some taxpayers who faced unemployment or reduced work hours applied for and received unemployment compensation from their state. States issue 1099-G, Certain Government Payments to you and to the IRS to report taxable income, including unemployment compensation.

However, identity thieves took advantage of the pandemic by filing fraudulent claims for unemployment compensation using stolen personal information of individuals who had not filed claims. Payments made as a result of these fraudulent claims went to the identity thieves, while the victims whose names and personal information were taken, did not receive any of the payments. However, the victims may receive a Form 1099-G saying that amount was paid to them anyway.

Here’s how you may find out if your information was used for false claims:

  • Receive a Form 1099-G for unemployment benefits that you did not receive.

If you receive a Form 1099-G for an amount you did not receive, contact the issuing state agency to request a revised Form 1099-G showing you did not receive these benefits. The state agency should send a corrected Form 1099-G reporting $0 in box 1 (zero benefits paid) to you (the identity theft victim) and then they will file a copy with the IRS as soon as possible after the error is discovered.

Act quickly if this is an identity theft situation. If you are unable to obtain a timely, corrected form from your state agency, you should still file an accurate tax return, reporting only the income you received. However, you may still get a notification from the IRS as your tax return is processed. See below for more information.

  • Receive a notification from the IRS, after filing a tax return.

You may receive some type of notification (e.g., letter) indicating:

  • that someone else used your Social Security number (SSN) or Individual Taxpayer Identification Number (ITIN), or
  • that IRS income records – income from unemployment or income from an employer you did not work for – do not match what you reported to the IRS.

Both types of instances involve identity theft and can happen whether you file electronically or on paper. Different methods of communication are used by the IRS to notify you for each situation.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: TAS      

-DOES MY CAR AFFECT MY INSURANCE RATE?

Posted by Admin Posted on Feb 24 2021

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It is a good idea to check the insurance rates that are given to certain cars before you buy them. Usually as the cost of the car rises, so does the insurance premium. The insurance rates on used cars are generally substantially lower than those of new cars.

If you have any questions regarding accounting, domestic taxation, essential business accounting, international taxation, IRS representation, U.S. tax implications of Real Estate transactions or financial statements, please give us a call at 305-274-5811.

Source: Thomson Reuters  

Tax time is seasonal, but the Taxpayer Bill of Rights applies all year

Posted by Admin Posted on Feb 01 2021

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All taxpayers have fundamental rights when they’re interacting with the IRS. These rights apply all year long, not just during tax season. The Taxpayer Bill of Rights presents these rights in 10 categories.