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	<title>Professional Tax Services, Inc. &#187; Tax Law</title>
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	<description>Tax services, consulting &#38; IRS representation</description>
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		<title>IRS AUDITS</title>
		<link>http://www.professionaltaxservicesinc.net/2009/12/irs-audits/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/12/irs-audits/#comments</comments>
		<pubDate>Fri, 11 Dec 2009 19:08:05 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[The IRS]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=157</guid>
		<description><![CDATA[IRS AUDITS 
The IRS is stepping up audits of taxpayers at a rapid pace.  Each of the past several years there has been a significant addition of Revenue Agents (RA) and Revenue Officers (RO); those responsible for auditing returns and collecting taxes.  In addition, the IRS has been improving its already sophisticated computer programs, resulting in [...]]]></description>
			<content:encoded><![CDATA[<p align="center"><strong>IRS AUDITS</strong> </p>
<p>The IRS is stepping up audits of taxpayers at a rapid pace.  Each of the past several years there has been a significant addition of Revenue Agents (RA) and Revenue Officers (RO); those responsible for auditing returns and collecting taxes.  In addition, the IRS has been improving its already sophisticated computer programs, resulting in much more thorough and accurate reviews of tax returns, including comparisons to documents forwarded to the IRS by third parties; W-2s, 1099MISC, 1099INT and many, many others. </p>
<p>The number of audits has increased steadily each year for the past eight years in all categories, both personal and business tax returns.  <strong>Of significant concern is that the IRS recognizes that small business owners, especially those who file Schedule C are prone to making mistakes and keeping poor records.</strong>   Guess what?  This is one of the areas where they are focusing their attention.  Over recent years the IRS has received a lot of money in additional taxes, penalties and interest by auditing small Schedule C businesses. </p>
<p>So, why does the IRS audit tax returns?  The IRS wants you to comply with the tax code by filing and paying on time.  <strong>The IRS wants you to be intimidated.</strong>  Our U.S. tax system is a voluntary one.  The vast majority of us play by the rules; we file and pay on time.  But, in order to get us to do that, the IRS puts the “fear of God” in us by auditing tax returns and getting maximum publicity on those high profile cases where they throw a celebrity or ordinary citizen in jail.  The result is that most of us fear the IRS more than just about anything else.  We get an IRS letter in the mail and many of us are paralyzed.  We don’t want to open it! </p>
<p>The IRS has a sophisticated system of computer programs that it uses to determine who gets audited.  Obviously, they don’t have the staff to audit everyone, so they have to select the ones that they think will be the most fruitful, i.e., result in the largest amount of  taxes, penalties and interest.  <strong>All individual tax returns are computer scored by the IRS DIF system.</strong>  Discriminate Function (DIF) is a highly secretive mathematical technique used to score income tax returns as to their examination potential.  Generally, the higher the DIF score, the higher the potential for audit.  Once the IRS selects returns to be audited, it then determines what kind of audit it will do.  One thing I want you to always remember. </p>
<p>The first type of audit is a <strong>CORRESPONDENCE AUDIT</strong>.  This is the simplest form of audit, but has proven to be very lucrative to the IRS in terms of return on investment.  The taxpayer receives a computer generated letter from the IRS saying the IRS is proposing to make an adjustment(s) to their tax return unless the taxpayer can substantiate (prove) the expenses he/she claimed on their tax return.  The letter gives you 30 days to do so.  <strong>As I’m sure you all know by now, when you are dealing with the IRS, in the vast majority of issues, the burden of proof is on you.</strong>  You must respond to the IRS with documents that show you actually incurred the expense.  Common issues handled by correspondence audits include mortgage interest, taxes, contributions and many more.  Correspondence audits are usually focused on a few specific items in your tax return and are limited to that. </p>
<p>The next type of audit is the <strong>OFFICE AUDIT.  </strong>An office audit means that you are summoned to the office of a local IRS Revenue Agent who will look at your return in more depth.  These audits are generally focused on specific areas of your tax return but a RA can look are the entire return and even open up other tax years if he/she feels warranted.  Many times small businesses are selected for office audits.  As with the correspondence audit, the burden of proof is on the taxpayer.  These audits are generally completed in one visit, just a few hours, assuming the taxpayer is prepared when he/she comes to the office. </p>
<p>The final type of audit and by far the most comprehensive is the <strong>FIELD AUDIT</strong>.  As suggested by the name, in this case the RA comes to your home or place of business.  In a field audit, expect to have a very experienced Revenue Agent and expect he/she to look at all aspects of your return, your personal financial life and, if warranted, other tax years as well. </p>
<p>So, what should you do if you are notified your tax return is being audited?  <strong>First of all, if your return is selected for an audit, that in no way implies that you made a mistake on your return.  Selection simply means that the IRS has one or more questions about your return.  </strong>If it is a correspondence audit and if the audit is focused on a specific issue and you have substantiation for your deduction, go ahead and handle the audit yourself by following the instructions in the letter.  If, after you have done so, the IRS still says you owe money, I highly recommend you hire an Enrolled Agent, CPA or attorney to represent you; someone with experience in dealing with the IRS. </p>
<p><strong>If you are facing an office or field audit, I recommend you immediately hire an Enrolled Agent, CPA or attorney to help represent you.</strong>  They will generally attend the audit in your behalf, but will require you to supply the substantiation required to prove your deductions/income in question.  Someone experienced in dealing with the IRS can save you a lot of money and give you peace of mind especially in office and field audits.  <strong></strong></p>
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		<title>IRS Stepping up Audits</title>
		<link>http://www.professionaltaxservicesinc.net/2009/11/irs-stepping-audits/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/11/irs-stepping-audits/#comments</comments>
		<pubDate>Fri, 20 Nov 2009 17:04:25 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[The IRS]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=154</guid>
		<description><![CDATA[I expect to see a significant  increase in the number of audits by the IRS.  The trend has been upward for several years now and I expect that to continue.  As I have previously stated, one of the primary areas of interest by the IRS is Schedule C businesses.  The IRS is in the process of [...]]]></description>
			<content:encoded><![CDATA[<h3>I expect to see a significant  increase in the number of audits by the IRS.  The trend has been upward for several years now and I expect that to continue.  As I have previously stated, one of the primary areas of interest by the IRS is Schedule C businesses.  The IRS is in the process of hiring another 2200 auditors and collectors and it is looking to find every tax dollar it can.</h3>
<h3>With the economy still in bad shape that means tax revenues are way down.  You would think the government would slow it&#8217;s spending.  No, just the oposite, spending is increasing at an alarming rate.  So, with spending up and tax revenues down, the Congress and the Administration have asked the IRS to work harder to find as many tax dollars as possible.</h3>
<h3>I expect the IRS to continue to look hard at mortgage interest deductions.  There are specific limits on what can and what cannot be taken as a mortgage interest deduction.  The IRS has already begun to focus on this and I expect them to do even more.  I will write a blog on mortgage interest deductions sometime in the next few weeks. </h3>
<h3>Another area of emphasis by the IRS is to coordinate with states to look hard a small businesses to find those businesses that have misclassified workers as Independent Contractors (IC) to avoid paying employment taxes.  When they find those companies I expect the IRS to go back several years and to apply hefty penalties to those they determine are misclassifying employees as IC&#8217;s.</h3>
<h3>There will be other things the IRS will focus on as well, so taxpayer beware!  Know the rules and follow them.  This is not the time to be bending or breaking the rules.  If your not sure what the rules are, talk to a professional.  If you are operating in a gray area, clean up your act before it is too late.</h3>
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		<title>FIRST TIME HOMEBUYER&#8217;S CREDIT EXTENDED</title>
		<link>http://www.professionaltaxservicesinc.net/2009/11/time-homebuyers-credit-extended/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/11/time-homebuyers-credit-extended/#comments</comments>
		<pubDate>Sat, 07 Nov 2009 00:29:36 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Changes in the tax law]]></category>
		<category><![CDATA[Tax Law]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=150</guid>
		<description><![CDATA[The much used first time homebuyer’s tax credit has received congressional approval and has just been signed by the President . The measure was included in H.R. 3548, extension of unemployment benefits. According to the National Association of Realtors, as many as 1.2 million new and resale home transactions were completed as a result of the first time [...]]]></description>
			<content:encoded><![CDATA[<p>The much used first time homebuyer’s tax credit has received congressional approval and has just been signed by the President . The measure was included in H.R. 3548, extension of unemployment benefits. According to the National Association of Realtors, as many as 1.2 million new and resale home transactions were completed as a result of the first time homebuyer’s credit. The extension of this credit, which has proven very popular amongst first time homebuyers, will continue to help the struggling home market. The $8,000 credit was due to expire on November 30th but will instead be extended for all first time homebuyers who enter into contracts prior to April 30th, 2010 and closed by June 30th, 2010. Also included in the bill is a new credit of up to $6,500 for some existing homeowners. To qualify for this new credit, homeowners must have been in their current residence for a consecutive five year period. The new bill also raises the qualifying income limits to $125,000 for single taxpayers and $115,000 for married filing joint taxpayers. The current limits are $75,000 and $150,000.</p>
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		<title>FIRST TIME HOMEBUYER&#8217;S CREDIT EXPIRING</title>
		<link>http://www.professionaltaxservicesinc.net/2009/10/time-homebuyers-credit-expiring/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/10/time-homebuyers-credit-expiring/#comments</comments>
		<pubDate>Fri, 23 Oct 2009 16:47:40 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Tax Law]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=142</guid>
		<description><![CDATA[The American Recovery and Reinvestment Act included up to an $8,000 credit for first time homebuyers (the credit is actually 10% of the value of the home purchased, up to $8,000).  A first time homebuyer is someone who has not owned a house in the three years prior to the purchase.  Unlike the 2008 homebuyer’s [...]]]></description>
			<content:encoded><![CDATA[<p>The American Recovery and Reinvestment Act included up to an $8,000 credit for first time homebuyers (the credit is actually 10% of the value of the home purchased, up to $8,000).  A first time homebuyer is someone who has not owned a house in the three years prior to the purchase.  Unlike the 2008 homebuyer’s credit which has to be paid back, this credit does not have to be paid back if the homebuyer remains in the home for at least three years. </p>
<p>The credit can be claimed on either the 2008 or 2009 tax return, however,<strong> the home must be purchased prior to December 1, 2009 to qualify for the credit</strong>.  That means that closing must occur prior to that date.  So, those of you considering buying a house and taking advantage of the credit, you need to move very quickly if you are still early in the buying process.</p>
<p>There is some talk in Congress about extending the credit, but my advice is to close on a house prior to Dec 1, 2009 if you want to take advantage of the credit.</p>
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		<title>Who&#8217;s Afraid of the Big Bad Wolf?</title>
		<link>http://www.professionaltaxservicesinc.net/2009/10/afraid-big-bad-wolf/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/10/afraid-big-bad-wolf/#comments</comments>
		<pubDate>Tue, 06 Oct 2009 17:15:20 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Small business taxes]]></category>
		<category><![CDATA[The IRS]]></category>
		<category><![CDATA[audit chances]]></category>
		<category><![CDATA[Enrolled Agent]]></category>
		<category><![CDATA[IRS audit]]></category>
		<category><![CDATA[IRS letter]]></category>
		<category><![CDATA[small business taxes]]></category>
		<category><![CDATA[Tax Gap]]></category>
		<category><![CDATA[team of advisors]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=134</guid>
		<description><![CDATA[I just attended an intensive training program on dealing with the IRS.  One of the instructors, at prominent tax lawyer, said that, based on his experience, about 15% of the U.S. population becomes functionally illiterate when they receive an IRS letter.  Another 5 – 10% breaks out in a cold sweat and many are afraid [...]]]></description>
			<content:encoded><![CDATA[<p>I just attended an intensive training program on dealing with the IRS.  One of the instructors, at prominent tax lawyer, said that, based on his experience, about 15% of the U.S. population becomes functionally illiterate when they receive an IRS letter.  Another 5 – 10% breaks out in a cold sweat and many are afraid to open the letter.  What causes all this fear?  Should you be afraid?</p>
<p>Since our income tax system in the U.S. is a voluntary one, the IRS wants us to believe they are watching our every move and will come knocking on your door if you make even the smallest error on your tax return.  They want the image as the Big Bad Wolf.  Does it work?  For the most part, you betcha! </p>
<p>Let’s look more closely at how the IRS operates and some of the statistics to see if you have good reason to be afraid.  The IRS sends millions of letters to taxpayers every year.  Many of the letters they send out are straight forward and are administrative in nature.  They may be correcting a math error, advising that you left something off the return and giving you a chance to fix it.  Or they may be more serious, assessing a penalty if you filed late or notifying you that your tax return is being audited.  Unfortunately, they never send you a letter saying you are doing great, keep up the good work.</p>
<p>So, <strong>what are your chances of being audited?</strong>  Actually they are very small.  On average, a little over1% of filed tax returns get audited each year, however that number has been going up in the past decade and as you will see a little later, <strong>the odds increase depending on the type of return you file.</strong>  Several years ago an IRS research study showed that there is an underpayment of taxes of about $300B (B as in Billion) per year, known as the “Tax Gap.”  About $250B of that comes from underreporting income and/or overstating expenses. </p>
<p>Congress has asked the IRS to aggressively try to close the “Tax Gap.”  One way they are doing it is by hiring more employees and conducting more audits.  Let me analyze this a little bit further.  Financially, most taxpayers lead rather uncomplicated lives.  They work for someone else, get paid by W-2, earn interest from their bank or brokerage, buy and sell a few stocks, put some money in a 401K or similar plan, pay their mortgage or are retired drawing a pension and social security.  Virtually everything financially in their lives is reported to the individual and to the IRS on one form or another.  For this large segment of taxpayers, it is a simple matter for the IRS to know who has filed and accurately reported their income and deductions.  In many cases, if a taxpayer does not file a return, the IRS will file a substitute tax return for the taxpayer.  This will only occur only if they taxpayer owes money.  <strong>If the taxpayer is due a refund, the taxpayer will probably never hear from the IRS.</strong>  <strong>Why?  By law, after three years the IRS no longer has to refund the money.  </strong></p>
<p>So, how does the IRS know who to audit?  The IRS scores every tax return filed; known as the DIF score.  Through research, the IRS knows what types and how much a taxpayer should be taking in deductions based on his/her Adjusted Gross Income<strong>.  If the computer review of the tax return finds some of the numbers outside the norm, it assigns a higher DIF score to the return.</strong>  <strong>The higher the DIF score the more likely the return will be audited.</strong> </p>
<p><strong>I’ll give you one guess where the majority of the $250B shortfall comes from.  It comes from small businesses and self employed folks; that’s you and me.</strong>  Research and IRS experience from past audits have shown that there is a significant underreporting of income as well as overstating of expenses on many business returns.  This is especially the case with sole proprietorships and single member LLC’s that report their business income on Schedule C on their 1040 return.</p>
<p>As a self employed taxpayer, you are about 10 times more likely to have your Schedule C audited than you would be if you filed a Form 1065 (partnership or LLC return) or 1120/1120S (corporation or subchapter S return).    Based on years of audits the IRS knows that those small businesses who file on Schedule C probably don’t keep sufficient records and frequently can’t prove the income and expenses claimed.  On the other hand, small businesses who file Form 1065, 1120 or 1120S generally keep better records and frequently use a bookkeeper or accountant and a tax professional.   <strong>As a result, the IRS knows that the “low hanging fruit”, so to speak, is in Schedule C businesses.</strong>  <strong>So take the hint.  For those of you who are filing on Schedule C, you might want to consider another type of business entity.  </strong></p>
<p>The IRS uses education of the public and audits to keep people in compliance.  Lately the IRS has been putting most of its emphasis on audits and is expanding its audit force.  Audits are the subject of another article, but, briefly, there are three types of audits,   Correspondence, Office and Field, with a Field audit being the most comprehensive one.  The IRS makes sure it gets a lot of publicity on its high profile audits and criminal actions. </p>
<p><strong>So, how do you protect yourself from the Big Bad Wolf?  </strong></p>
<ul>
<li>First of all, <strong>keep excellent records</strong>.  If you are not good at recordkeeping, hire a bookkeeper or accountant to help you or at least be on your team of advisors.  See:  (<a href="http://www.professionaltaxservicesinc.net/wp-admin/ive-got-your-six"></a><a href="http://biznik.com/articles/ive-got-your-six">http://biznik.com/articles/ive-got-your-six</a>).  Use a software program like QuickBooks to track income and expenses so you can create financial statements.  This will not only help you at tax time, it will help you immensely if you are audited.  These reports are also essential to understanding and managing your business.</li>
<li><strong>Keep your personal and business finances separate</strong>.  Always!  Have separate bank accounts and credit cards for the business and for you personally.  By the way<strong>, if you are one of those people who does not believe cash is money (in other words, not reportable to the IRS as income), the IRS has ways to determine when you are not reporting income.</strong>  In a Field audit, they always do this analysis and sometimes in an Office audit as well. </li>
<li><strong>Have documentation to back up expenses you claim</strong>.  Cancelled checks are not considered adequate proof, although they are better than nothing; it’s always best to have a receipt for each item you claim.</li>
<li><strong>Keep good automobile records</strong> if you use your car for your business.  I know it’s a pain, but keep a log in your car and annotate every business trip you take with the miles you drive and the reason for the trip.  This only takes a minute or two and it is well worth the effort.  If you are seeing a client, note who that client is.  If you are constantly going to the same place, for example you are in construction, you can use Map Quest to determine the mileage, but you still need to keep a log of the number of trips to that location.</li>
<li><strong>File your tax return(s) on time</strong>.  On time includes an extension if you file for it.  Remember, the extension is to file your return, not to pay what you owe.  If you owe money, the IRS expects it all to be paid no later than April 15th. </li>
<li>Lastly, <strong>if you get that dreaded letter from the IRS, open it</strong> <strong>immediately!</strong>  Not dealing with it quickly will only lead to more trouble later.  IRS letters can be long and difficult to understand.  <strong>If you used a tax professional to do your tax return, contact him/her immediately for their help. </strong>  If you did not use a tax professional and the issue seems serious, contact an <strong>Enrolled Agent (</strong><a href="http://biznik.com/click?u=http%3A//www.professionaltaxservicesinc.net/enrolled-agent/&amp;t=%3CSTRONG%3E" target="_blank"><strong></strong></a><strong><a href="http://biznik.com/click?u=http%3A//www.professionaltaxservicesinc.net/enrolled-agent/&amp;t=http%3A//www.professionaltaxservicesinc.net/enrolled-agent/" target="_blank">http://www.professionaltaxservicesinc.net/enrolled-agent/</a></strong><strong>)</strong> or <strong>CPA</strong> who has experience dealing with the IRS.  I would not recommend contacting a tax lawyer unless you suspect the IRS is after you for fraud or you are under criminal investigation.  If agents show up at your door with a badge, it’s usually very serious.  That is when a tax lawyer should be consulted. </li>
</ul>
<p><strong>Should you be afraid of the Big Bad Wolf?</strong>  <strong>Absolutely not</strong>!  If you follow the simple guidelines I laid out above, you really should have nothing to worry about.  That doesn’t mean you won’t get an IRS letter or be audited, but if you are you will be prepared.  <strong>Adding a tax professional to your team of advisors will give you extra peace of mind as well.</strong></p>
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		<title>Experience Level of IRS Auditors</title>
		<link>http://www.professionaltaxservicesinc.net/2009/09/experience-level-irs-auditors/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/09/experience-level-irs-auditors/#comments</comments>
		<pubDate>Sat, 12 Sep 2009 15:34:31 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Tax Law]]></category>
		<category><![CDATA[The IRS]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=117</guid>
		<description><![CDATA[I went to a party the other day and asked a man to whom I had just been introduced, what he did.  His response was very telling.  He said, “Don’t get mad at me, but I have just recently gone to work for the IRS.”  When I said it didn’t make me mad, that I [...]]]></description>
			<content:encoded><![CDATA[<p>I went to a party the other day and asked a man to whom I had just been introduced, what he did.  His response was very telling.  He said, “Don’t get mad at me, but I have just recently gone to work for the IRS.”  When I said it didn’t make me mad, that I was an Enrolled Agent and worked with the IRS all the time that opened the door for a good discussion about the IRS. </p>
<p>He told me that he had been in training as a Revenue Officer in the Large &amp; Medium Size Business unit since he joined.  However, he had already done two solo audits.  This was August, only four months after he joined the IRS. </p>
<p>The IRS has seen a tremendous loss of experienced people over the last several years.  Part of that occurred in the late 1990’s when the IRS was significantly downsized and became a “friendlier” organization.  However, since early 2000 the IRS has been steadily increasing its’ hiring and is becoming the IRS of old. </p>
<p>The experience level of many of the people in the IRS who conduct audits is very low.  Many of the agents have minimal training before they are told to “go get em tiger.”  This is disconcerting if you are on the receiving end of an IRS audit.</p>
<p>Those conducting Correspondence Audits are the least trained, often getting the bare minimum training and only in the areas they need to know to conduct the audit.  As I indicate above, this also seems to be the case for Revenue Officers conducting Office and Field Audits as well.</p>
<p>So what does that mean for those of us who get audited?</p>
<ol>
<li>Don’t arbitrarily accept what the auditor is telling you.  Calmly and professionally fight the battle with the auditor. </li>
<li>If you think or suspect the IRS is wrong, hire an EA or CPA to represent you; or better yet, bring one onboard before the audit begins.  At any time in an audit, you have the right to tell the auditor that you are going to get a representative.  At that point the audit will cease and resume when the representative is onboard.</li>
<li>Be prepared to challenge them with the facts and/or the IRS code.</li>
<li>Don’t hesitate to elevate the issue to the auditor’s supervisor.  Often you will get a much more seasoned and experienced person who will listen to both sides and make a decision or even negotiate with you.</li>
<li>If you believe you are right and you can’t get satisfaction from the auditor or his/her supervisor, consider taking the matter to appeals.  Going to appeals must be carefully considered and certainly cannot be done frivolously.  Often you will get a very seasoned and experienced person who is interested in resolving the case.  He/she will do an assessment as to how the IRS would do if the case goes to tax court.  In many cases, it is in the IRS’s best interest to resolve the matter in appeals.  While the Revenue Officer has little or no authority to negotiate, an appeals officer has total authority.</li>
</ol>
<p>The IRS can be very persuasive and forceful.  I highly recommend you immediately contact an Enrolled Agent or a CPA to review the IRS correspondence and hire him/her to represent you in the case.  This will give you peace of mind of knowing you have someone in your court who will not be bullied by the IRS Revenue Officer and who knows the IRS code and can advocate in your behalf.</p>
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		<title>So Far, So Good!</title>
		<link>http://www.professionaltaxservicesinc.net/2009/08/good/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/08/good/#comments</comments>
		<pubDate>Fri, 21 Aug 2009 17:21:50 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Business entities]]></category>
		<category><![CDATA[Small business taxes]]></category>
		<category><![CDATA[Tax Law]]></category>
		<category><![CDATA[Tax planning for your business and you]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=99</guid>
		<description><![CDATA[ 
So Far, So Good!
Have you heard the one about a man who jumped out off the 20th floor of a building?  As he was falling past the 10th floor, someone yelled out to him, “How’s it going?”  He replied “so far, so good.”
A few days ago I just had a conversation with a new client.  [...]]]></description>
			<content:encoded><![CDATA[<p align="center"> </p>
<p align="center"><strong>So Far, So Good!</strong></p>
<p>Have you heard the one about a man who jumped out off the 20<sup>th</sup> floor of a building?  As he was falling past the 10<sup>th</sup> floor, someone yelled out to him, “How’s it going?”  He replied “so far, so good.”</p>
<p>A few days ago I just had a conversation with a new client.  By the way, I’m an Enrolled Agent, which means I am a tax professional and, in addition to doing taxes and consulting, I represent taxpayers who are in trouble with the IRS.  When the owner told me about her company, I’ll call it XYZ, all I could say is wow, what a great idea for a business.  The money was flowing in and customers were waiting in line for their highly specialized services.  How in the world could a company only a few years old be in so much trouble with the IRS?</p>
<p>It’s a sad story, but one I hear all too often.  The business is a Sole Proprietorship (a subject of another article).  The money is flowing in but on a sporadic basis.  XYZ has a couple of employees and takes draws out for the husband and wife owners’ personal expenses every month.  After all, it’s their hard earned money, right?  And they have to live, don’t they?  One thing XYZ did right was to hire a bookkeeping company to help them with their payroll reporting.   At this point, it’s still “so far, so good.” </p>
<p>Let me tell you the rest of the story.  Quarterly, the bookkeeping company prepared and sent the payroll forms to XYZ, told them where to sign, how much and how to pay.  Trouble is, after paying wages and draws for the owners and other expenses of the business, there wasn’t enough money left over to pay the payroll taxes.  So, instead of paying withholding taxes in full, XYZ paid a very small portion of what was owed.  They were sure they could catch up next month or next quarter.  This became the modus operandi each quarter.  To compound the problem, since they could not pay what they owed, they incorrectly believed they should not file the quarterly Federal Payroll Tax returns, Form 941, until they could.  Also, because they did not have any money in the bank, they did not pay any estimated taxes to the IRS, in anticipation of the taxes they would eventually owe on their profit in XYZ.</p>
<p>Believe it or not, still a perception of “so far, so good”, or so it seemed to XYZ.  Since the IRS had not received the 941 Forms, the IRS did not know that the company owed payroll taxes and, therefore, did not take any action against XYZ.  In addition, since the income tax return for the year did not have to be filed until April of the following year, the IRS had no idea how well XYZ was doing, so, in the eyes of the IRS, there were no estimated taxes due. </p>
<p>Fast forward to first quarter of the next year; tax season.  The bookkeeping company prepared the W-2/W-3, 941 and 940 in January.  The IRS received the W-2/W-3s and 940, but once again, the 941 was not sent in. </p>
<p>Still with a feeling of “so far, so good” the owners of XYZ took their records to a tax professional to have their personal tax return prepared.  When the tax professional asked to see the Payroll Tax returns, he was told that they had not been filed.  They were advised to file immediately, even though they didn’t have the money to pay, and did so.</p>
<p>The owners of XYZ soon learned that they owed the IRS approximately 35% of their net profit in XYZ.  XYZ had a net income of over $250,000, which meant a tax bill of approximately $87,500.  The social security and Medicare portion of those taxes for the two owners amounted to over $38,000 alone. </p>
<p>Oh, and did I mention that the payroll taxes had not been paid? </p>
<p>Still so far, so good?  Not!  When the IRS received the W-2/W-3 and the newly filed Forms 941, it became aware of the unpaid payroll taxes which immediately activated the Automated Collection System (ACS) process.  Threatening IRS letters soon started arriving in the mail.  When you have employees, and withhold social security, Medicare and federal taxes from their wages, this is no longer money that belongs to your business, it is what the IRS terms “Trust Fund” money.  It needs to be set aside and paid to the IRS on time.  XYZ’s salaries to the two employees totaled $200,000.  Withholding from the employees’ wages amounted to over $35,000 for the year.  In addition, the company must match Medicare and social security which is another $15,300.  </p>
<p>With penalties and interest, at the time of the initial IRS collection activity, the company owed the IRS over $45,000 in Trust Fund money and the amount was going up each day.  XYZ also owed another $15,300 in matching social security and Medicare.  And remember the $87,500 the owners personally owe on the net profit of XYZ.  Wow, that’s taxes totaling $147,800 and going up!  And, surprise, surprise, XYZ did not have enough money in the bank to pay the taxes.  Using my analogy, XYZ has hit the ground.  And by the way, there is another penalty the IRS could assess, called the Trust Fund penalty.  It doubles the amount of Trust Fund liability.  Fortunately for XYZ, that has not been applied. </p>
<p>I know that was a long story, but I wanted to make a point.  You can’t ignore the IRS.  Sooner or later it will catch up with you.  Ignorance of the tax code is not an excuse.  So, what should you do to avoid these mistakes?</p>
<p> </p>
<ol>
<li>If you hire employees, I highly recommend you hire a bookkeeper or professional payroll company to help you with state and federal forms. Follow their instructions to the letter.</li>
<li>If you decide to do it on your own get advice from a professional before you start.</li>
<li>Set aside money for taxes each time you earn income in your business.  I recommend you have a separate account and that you sweep a percentage of your income into that account.  Depending on your business entity and your personal situation, 30-35% might be a good starting point.  Your tax professional can help you do some tax planning.  It’s better to over-estimate rather than under.</li>
<li>Always file state and IRS tax and other returns on time.  Even if you can’t afford to pay everything you owe, file the return to avoid a late filing penalty.</li>
<li>Pay what you owe, on time if you can.  If you can’t afford to pay on time, go on an IRS installment plan, or better yet, borrow the money and pay off the IRS. </li>
<li>When you are self-employed you will owe taxes on the net profit of the business.   Those taxes include social security, Medicare, federal income taxes and state taxes, depending on where you live.  You must plan ahead and forecast what you owe and make estimated payments to the IRS or be penalized for not doing so. </li>
</ol>
<p>Now for those of you contemplating jumping out of the 20<sup>th</sup> floor, the economy is not that bad.  However, if you want to avoid the mistakes make by XYZ Company, one of the best ways to protect yourself is to set up an advisory team for your company, or a Board of advisors.  A good tax professional can help you avoid these kinds of mistakes.  Remember, you get what you pay for, so be prepared to pay him/her on an hourly basis if you don’t engage him to do your taxes and tax planning.</p>
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		<title>Office in Home expense</title>
		<link>http://www.professionaltaxservicesinc.net/2009/08/office-home-expense/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/08/office-home-expense/#comments</comments>
		<pubDate>Fri, 14 Aug 2009 23:42:48 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Business entities]]></category>
		<category><![CDATA[Small business taxes]]></category>
		<category><![CDATA[Tax Law]]></category>
		<category><![CDATA[Tax planning for your business and you]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=72</guid>
		<description><![CDATA[Have you ever heard anyone, including your tax professional say, “don’t take the home office deduction because it is a red flag to the IRS?”  Several years ago there was a lot of emphasis by the IRS on the Office in Home (OIH) deduction and it scared a lot of taxpayers from taking it.  IRS [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Have you ever heard anyone, including your tax professional say, “don’t take the home office deduction because it is a <em>red flag</em> to the IRS?”  Several years ago there was a lot of emphasis by the IRS on the Office in Home (OIH) deduction and it scared a lot of taxpayers from taking it.  IRS bluster should not, however, deter you from taking a legitimate OIH deduction.  You just need to know how it works and what you can legally take.  As in all cases, proper documentation is essential to backup your OIH deduction.</strong></p>
<p><strong>First some definitions from the IRS:  In order to claim a deduction for OIH, the part of the home used for the business must be used “<span style="text-decoration: underline;">exclusively” and “regularly”</span> as your <span style="text-decoration: underline;">principle place of business</span>.</strong></p>
<ul>
<li><strong>“Exclusive use” means a specific area of the home is used only for the business.  To pass this test, you cannot do any personal business in that space.  For example, having a TV in the room might disqualify it, unless the TV is required for the business.  </strong></li>
<li><strong>“Regular use” means the area is used regularly for the business.  Incidental or occasional use is not regular use.  </strong></li>
<li><strong>If you have more than one location for your business, your home can still qualify as an OIH if it is the “Principle Place of Business.”  Your OIH will qualify as the principle place of business if:</strong>
<ul>
<li><strong>You use is exclusively and regularly for administrative and management activities of the business, and</strong></li>
<li><strong>You have no other location where these significant administrative and management activities can take place.</strong></li>
</ul>
</li>
</ul>
<p><strong> </strong></p>
<p><strong>To summarize, you must set aside the space for the business and only use it for the business.  Non-business profit seeking endeavors such as investment activities do not qualify for an OIH, nor do not-for-profit activities such as hobbies.  If you carry on any personal activities in the area, you are not allowed the OIH deduction.</strong></p>
<p><strong>So let’s discuss how you compute the amount of Home Office Deduction you can take:  Generally, the amount of the deduction depends on the percentage of the home that is used for business.</strong></p>
<p><strong>A taxpayer can use any reasonable method to compute business percentage, but the most common methods are to:</strong></p>
<ul>
<li><strong>Divide the area of the home used for business by the total area of the home, or</strong></li>
<li><strong>Divide the number of rooms used for business by the total number of rooms in the home if all rooms in the home are about the same size.</strong></li>
</ul>
<p><strong>Taxpayers may not deduct expenses for any portion of the year during which there was no business use of the home. </strong></p>
<p><strong><span style="text-decoration: underline;">Example:</span></strong><strong>  Your home is 1800 square feet and your home office uses one room which is 120 square feet.  Your business use of home is 6.7%</strong></p>
<p><strong>You may deduct expenses that are directly and indirectly related to your office.  Expenses that are directly related to the office, for example, painting or re-carpeting the office are deductible in full.  Other, indirect expenses are deductible based on the percentage use of the home.  Examples of these kinds of expenses are rent, insurance, utilities, general repairs and security systems.  </strong></p>
<p><strong><span style="text-decoration: underline;">Example:</span></strong><strong>  Let’s say your rent is $1,200 per month, $14,400 per year.  The deduction for OIH would be $14,400 X 6.7% or $964.80.  </strong></p>
<p><strong>Some expenses are not deductible at all.  For example, lawn services would not be deductible unless you meet clients at your home office.  Painting another room in the house would not be deductible.</strong></p>
<p><strong>For those of you business owners who own your home, the same business use percentage is applied to your real estate taxes and mortgage interest; however, these are also deductible on Schedule A, Itemized Deductions.  So, they would be deductible regardless.</strong></p>
<p><strong>Finally, you can take a depreciation deduction for the business use of a home you own.  You cannot take depreciation if you rent.  Depreciation is an allowance for “wear and tear” for the part of the home used in the business.  </strong></p>
<p><strong><span style="text-decoration: underline;">Caution:</span></strong><strong>  When you do depreciate your home, and later sell it, you must pay tax on the amount of depreciation you took.  This portion of profit you make on the sale is recaptured as ordinary income, even though the home might otherwise qualify for the home sale exclusion.  </strong></p>
<p><strong>Other than real estate taxes and mortgage interest if you own your home, OIH can only be taken to the extent you have a profit in your business.  In other words, the OIH deduction cannot cause a loss in your business. </strong></p>
<p><strong>One last point; when you are self employed and take the OIH deduction, your home becomes your base and all mileage to and from business meetings becomes deductible.  Of course, you must document that mileage.  I&#8217;ll talk about that in another blog post.</strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p>
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		<title>Income and self employment taxes for small businesses</title>
		<link>http://www.professionaltaxservicesinc.net/2009/08/income-employment-taxes-small-businesses/</link>
		<comments>http://www.professionaltaxservicesinc.net/2009/08/income-employment-taxes-small-businesses/#comments</comments>
		<pubDate>Fri, 07 Aug 2009 15:09:19 +0000</pubDate>
		<dc:creator>Bill Bradfield</dc:creator>
				<category><![CDATA[Small business taxes]]></category>
		<category><![CDATA[Tax Law]]></category>
		<category><![CDATA[Tax planning for your business and you]]></category>
		<category><![CDATA[estimated taxes]]></category>
		<category><![CDATA[small business taxes]]></category>
		<category><![CDATA[tax planning]]></category>

		<guid isPermaLink="false">http://www.professionaltaxservicesinc.net/?p=84</guid>
		<description><![CDATA[Small business taxes
 Federal taxes: income and self employment taxes
          Impact on personal income tax.  When you own and operate your own business, in almost all cases [the exception is a C Corporation], the income or (loss) from the business passes through to your individual income tax return (Form 1040).  Business income increases the total taxable [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Small business taxes</strong></p>
<p><strong> </strong><strong>Federal taxes: income and self employment taxes</strong></p>
<p><strong>          Impact on personal income tax</strong>.  When you own and operate your own business, in almost all cases [the exception is a C Corporation], the income or (loss) from the business passes through to your individual income tax return (Form 1040).  Business income increases the total taxable income on your individual income tax return while, in most cases, a loss will offset other income, or, if the loss exceeds your income for the year, it can create a Net Operating Loss which can then be carried back or held for future years and used to offset income in those years.</p>
<p>Assuming your business is making a profit (that’s everyone’s objective, right), I highly recommend you do some tax planning and determine your estimated taxes you need to pay the IRS throughout the year.  The IRS expects you to pay taxes as you earn the income.  This is done either through withholding taxes or by paying estimated taxes.  If you don’t pay as you earn and end up owing money when you file, the IRS will penalize you.</p>
<p>For those of you still working for someone else, you are paid a salary or wages and receive a W-2 at the end of the year.  Through that process, you have Social Security, Medicare and income taxes withheld from your pay each pay period.  The company matches the amount of social security and Medicare withheld from your wages.  Combining what is withheld from your paycheck with the company matching, the total amount paid to the IRS is 15.3% of your taxable wages [there is a threshold on Social Security taxes that changes each year].  If, when you are working for someone else, you have had enough income taxes withheld then you will owe no additional taxes when you file your tax return.</p>
<p>          <strong>Impact of being self-employed</strong>:  As a self-employed business person, you have just become the employee and the employer for the purposes of paying your payroll (self-employment) taxes.  Even though, in most cases, you do not pay yourself wages or issue a W-2, you still must pay the same Social Security, Medicare and income taxes you would if you were working for someone else.  These taxes for the self-employed are called Self Employment Taxes, surprise, surprise.  As a self employed business person you must pay both halves of Social Security and Medicare taxes; the full 15.3% on the net income of the business.  That is paid when you file your individual income tax return, Form 1040, and is in addition to whatever income taxes you owe. </p>
<p>So, for your tax planning, you must take into consideration what your total income tax will be for the year, based on your projected business income and other income you receive, minus the various deductions you are allowed.  As a self employed business owner, there is a new deduction you can take; ½ of the Social Security and Medicare taxes you pay can be taken as an above the line deduction in the Adjustments portion of your Form 1040.  To your income taxes you project you will owe, you need to add Social Security and Medicare (that 15.3% I just talked about) to determine your total tax liability.  Assuming your income is earned evenly during the year and also assuming you are not having taxes withheld by an employer, you will divide your tax liability by 4 and pay estimated taxes each quarter.  Estimated taxes are due April 15<sup>th</sup>, June 15<sup>th</sup>, Sept 15<sup>th</sup> and Jan 15<sup>th</sup> of the following year.  You will use Form 1040-ES to pay your estimated taxes.</p>
<p>If you are working for someone else while you start your business, not a bad idea, by the way, you need to account for the income taxes withheld from your salary or wages to determine what you should be paying in estimated taxes. </p>
<p>I highly recommend you set up a second business bank account, or use the savings account portion of the account you already have open to set aside money for tax payments.  Your tax planning will tell you what percentage of your business income should be set aside for income and self-employment taxes.  Do not take the money out of the account until all taxes are paid.  Remember, you will not know the full impact of taxes until you file your annual tax returns in the following year. </p>
<p>In a future blog I will discuss payroll taxes when you have employees.</p>
<p>                        I love doing what everyone else hates to do</p>
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