Pub 17 - Comprehensive summary of tax info from IRS

Whether you prepare your own return or ask a CPA to do it for you, knowing the tax law will save you money. We want our clients to be knowledgeable so they know the questions to ask as well as comprehend the advice offered.

Pub (or publication) 17 is a comprehensive summary of tax information for the individual.

Starting with “What’s New for 2010” IRS Publication 17, Your Federal Income Tax, takes you step by step through each part of your individual Federal Income tax return. This comprehensive booklet explains the tax law in a way that will help you better understand your taxes so that you pay only as much as you owe and no more.

Here are the top six things the IRS wants you to know about Publication 17.

1. Publication 17, Your Federal Income Tax, is available on the IRS website at http://www.irs.gov and contains a wealth of information for individual taxpayers.
2. The online version of Publication 17 contains electronic links that make finding your answer simple. Both the downloadable PDF and online 2010 Publication 17 have thousands of helpful hyperlinks.
3. Publication 17 is packed with basic tax-filing information and tips on what income to report and how to report it.
4. Publication 17 also includes information on figuring capital gains and losses, claiming dependents, choosing the standard deduction versus itemizing deductions, and how to claim valuable tax credits.
5. Publication 17(SP) El Impuestos Federal sobre los Ingresos is available in Spanish.
6. You can get a hard copy of Publication 17 for free. To get a copy, visit http://www.irs.gov or call 800-TAX-FORM (800-829-3676).

Links:

• Publication 17, Your Federal Income Tax
• Publication 17, Your Federal Income Tax (PDF 2085K)

DOJ Cracks Down on False Tax Credit Claims

Department of Justice Cracks Down on False Tax Credit Claims
http://www.accountingtoday.com/news/DOJ-Cracks-Down-False-Tax-Credit-Claims-57265-1.html?zkPrintable=true

Washington, D.C. (February 10, 2011)

By Accounting Today Staff

The Justice Department has filed six lawsuits in five states to stop tax return preparers from fraudulently claiming the First-Time Homebuyer Tax Credit and the Earned Income Tax Credit.

The filings of those civil injunction complaints coincided with the indictment of a Philadelphia man on criminal charges of fraudulently claiming the first-time homebuyer credit. According to the indictment, Jonathan Brownlee of Philadelphia was charged with 16 counts of filing false federal income tax returns that contained fraudulent claims for the First-Time Homebuyer Credit. He allegedly obtained personal information about several individuals through false pretenses and used that information to make false claims for the credit to the Internal Revenue Service, along with requests that refunds be deposited into bank accounts that he controlled or could access.

Brownlee allegedly knew the individuals whose names he used were not entitled to the credit because they had neither purchased a home nor signed a contract to do so. If convicted, he faces a maximum prison sentence of 80 years and a maximum fine of $4 million.

In addition, three of the announced injunction complaints involved the First-Time Homebuyer Credit:

• A complaint filed in federal court in McAllen, Texas, alleges that tax return preparer Jose Cabrera and his business, JEC Business Consulting of Pharr, Texas, prepare federal income tax returns on which they falsely claim the First-Time Homebuyer Credit for their customers. Prosecutors allege that Cabrera makes no attempt to determine if his customers qualify for the credit and that he repeatedly claimed the credit on his customers’ tax returns even though he knew the customers had not purchased new homes. Cabrera allegedly claimed at least $985,000 in credits in 2009.

• The government has asked a federal court in Philadelphia to stop Friday James, a former high school math teacher from Lansdowne, Pa., from preparing any federal tax returns for others. The complaint alleges that James and his business, Frika Tax Services, falsely claim the First-Time Homebuyer Credit and claim false business expense deductions for his customers, many of whom are West African immigrants with little or no knowledge of the credit. The government alleges that James repeatedly claimed the credit on his customers’ returns when he knew they had not purchased homes within the applicable time period and that he fabricated the date of purchase on forms he submitted to the IRS. James allegedly claimed at least $1.2 million in credits in 2009.

• The Justice Department sued tax-return preparer Delois Warren of Greensboro, Ala., and her business, Branjalo Tax Service, to stop her from preparing federal tax returns for others. Warren allegedly claimed the First-Time Homebuyer Credit on her customers’ returns even after they told her that they did not purchase homes in the applicable tax years. The suit also alleges that Warren prepared returns containing false information in order to fabricate higher tax refunds through overstated earned-income tax credits.

The First-Time Homebuyer Tax Credit was created by the Housing and Economic Recovery Act of 2008, which included a refundable tax credit for first-time homebuyers equal to 10 percent of the purchase price, up to $7,500, for home purchases completed in 2008. The taxpayer was to repay the credit interest free over 15 years. Congress extended the credit in the American Recovery and Reinvestment Act of 2009, increased the maximum allowable amount to $8,000, and eliminated repayment of the credit if the taxpayer retained the residence for more than 36 months. The credit expired in 2010, so eligible taxpayers may still claim it on their 2010 federal income tax returns.

To protect the U.S. Treasury from fraudulent claims for this credit, the Tax Division, the U.S. Attorney’s offices and the IRS have vigorously prosecuted those who have abused the credit. Examples of these criminal prosecutions in 2010 include:

• In December 2010, Kenneth Harris and Lacrecia Ward of Memphis, Tenn., pleaded guilty to conspiring to file false claims against the United States by filing false tax returns claiming the first-time homebuyer credit. Each of them faces a maximum penalty of 10 years in prison and a fine of $250,000 upon sentencing.

• In December 2010, Latricia Ann Williams, Gezelle Helena Amaechi and Shelton DeWayne Tanner were indicted by a federal grand jury in Arizona for conspiracy, wire fraud and aggravated identity theft. According to the indictment, the defendants filed 180 income tax returns falsely claiming more than $1 million in tax refunds based on, among other things, false statements of eligibility for tax credits such as the first-time homebuyer credit.

• In November 2010, Jeffrey Leon Ceaser of Montgomery, Ala., pleaded guilty to conspiring to defraud the United States and identity theft for his role in the filing of 158 federal tax returns that falsely claimed the first-time-homebuyer credit and fuel tax credits. Ceaser faces a maximum of 25 years in prison when sentenced. In December 2010, Ora Mae Adamson of Montgomery pleaded guilty to the same charges before the same court.

• In November 2010, Mary Singleton pleaded guilty in a South Carolina federal court to one count of assisting an individual in filing a fraudulent claim for the first-time homebuyer credit. She faces a maximum prison sentence of three years upon sentencing.

• In November 2010, Georgia Ann Cloud of Tallahassee, Fla., was indicted on 17 counts of assisting individuals in filing fraudulent tax returns with false claims for the first-time homebuyer credit and one count of filing such a tax return herself.

• In October 2010, Roderick Smith was sentenced by a federal court in Peoria, Ill., to 24 months in prison after having pleaded guilty to wire fraud and filing a false tax refund claim with the IRS. The indictment alleged that Smith falsely claimed on income tax returns that his clients were entitled to the first-time homebuyer credit. He was also ordered to pay $73,793 in restitution to the IRS.

• In October 2010, Gregory Carter of Columbus, Ga., was indicted on 25 counts of assisting in the preparation of fraudulent tax returns that included, among other things, false claims for first-time-homebuyer credits.

• In August 2010, Lois Torres of Uvalde, Texas, was indicted on 15 counts of assisting individuals in filing false federal income tax returns falsely claiming the first-time homebuyer credit.

• In July 2010, Byron Meeks of Independence, Mo., was indicted on 15 counts of filing false claims against the United States for, among other things, fraudulent first-time homebuyer credits. In December 2010, Meeks agreed to plead guilty to one of those counts. He faces a maximum prison sentence of five years upon sentencing.

• In April 2010, Kashawn Monique Savery of Los Angeles pleaded guilty to 10 counts of filing false claims against the United States. She admitted filing more than 200 false tax returns claiming more than $1.3 million in refunds based on fraudulently claimed first-time homebuyer tax credits and earned-income tax credits.

In addition, over the past year, the Justice Department has obtained civil injunctions against tax return preparers on the basis of false claims for First-Time Homebuyer Credits, including: Dianelys Armengol Guevara of Pembroke Pines, Fla.; Alberto Camejo of Hialeah, Fla.; and David Santiago , Paula Olivette Patrice, and Henry Ernesto Medina Jr. of Miami.

Here is What to do If You Are Missing a W-2

Before you file your 2010 tax return, you should make sure you have all the needed documents including all your Forms W-2. You should receive a Form W-2, Wage and Tax Statement, from each of your employers. Employers have until January 31, 2011 to send you a 2010 Form W-2 earnings statement.

If you haven’t received your W-2, follow these four steps:

1. Contact your employer If you have not received your W-2, contact your employer to inquire if and when the W-2 was mailed. If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address. After contacting the employer, allow a reasonable amount of time for them to resend or to issue the W-2.

2. Contact the IRS If you do not receive your W-2 by February 14th, contact the IRS for assistance at 800-829-1040. When you call, you must provide your name, address, city and state, including zip code, Social Security number, phone number and have the following information:

• Employer’s name, address, city and state, including zip code and phone number
• Dates of employment
• An estimate of the wages you earned, the federal income tax withheld, and when you worked for that employer during 2010. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

3. File your return You still must file your tax return or request an extension to file April 18, 2011, even if you do not receive your Form W-2. If you have not received your Form W-2 by the due date, and have completed steps 1 and 2, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible. There may be a delay in any refund due while the information is verified.

4. File a Form 1040X On occasion, you may receive your missing W-2 after you filed your return using Form 4852, and the information may be different from what you reported on your return. If this happens, you must amend your return by filing a Form 1040X, Amended U.S. Individual Income Tax Return.

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

Links:

• Form 4852, Substitute for Form W-2, Wage and Tax Statement
• Form 1040X, Amended U.S. Individual Income Tax Return
• Instructions for Form 1040X

YouTube Videos:

W-2 Missing? English | ASL

Are CPAs ready to embrace 'the cloud'?

What do you think about 'the cloud'? Are you ready to embrace web based applications?

Hunter Richards of Accounting Market Analyst, Software Advice posted the following to his blog
on 2/2/2011:

Hunter Richards of Accounting Market Analyst, Software Advice posted the following...

Technology enthusiasts have long praised the cost savings and simplicity of cloud computing. Early adopters have proven successful with the model, which has driven considerable growth in the market for cloud-based applications. But the late majority, including accounting firms, may yet require some convincing.

“I’m a firm believer in [the cloud] – I really am,” says Carolyn Duffy, who directs business advisory services for Hein & Associates. “But if I had some special legacy system, I would have to look at the integration issue.”

Concerns from accounting firms such as Hein about integration—or software customization, cost or IT services quality—should grab software makers’ attention, given accounting firms’ history of influencing clients’ software-purchasing decisions.

While accounting firms recognize the well-known benefits of cloud computing, many have lately voiced a variety of hesitations about moving from on-premises applications to accounting software hosted remotely and accessed over the Web. What have you heard about cloud computing from accounting firms?

Read more: http://www.softwareadvice.com/articles/accounting/is-the-cloud-ready-yet-lets-ask-the-accountants-1020211/#ixzz1Culn0q8w

Senate votes to repeal 1099 reporting requirement

Good news - for all small businesses and landlords.

The Senate has approved a measure that would repeal the expanded Form 1099 reporting requirements that were part of last year's health care law. The move has broad support because the Form 1099 rules, which are set to require businesses to report any purchases of more than $600 of goods and services from vendors in a year to the Internal Revenue Service, are expected to increase accounting costs for small businesses.

The AICPA (American Institute of CPAs) supports repeal of the expanded Form 1099 reporting requirements; however, it has asked the Treasury Department for guidance on several pressing issues if the rules are not repealed.

Read the AICPA's comment letter on expanded Form 1099 reporting requirements. Accounting Today (02/02)

Five Tips if You Changed Your Name Due to Marriage or Divorce

If you changed your name as a result of a recent marriage or divorce you’ll want to take the necessary steps to ensure the name on your tax return matches the name registered with the Social Security Administration. A mismatch between the name shown on your tax return and the SSA records can cause problems in the processing of your return and may even delay your refund.

Here are five tips from the IRS for recently married or divorced taxpayers who have a name change.

1. If you took your spouse’s last name or if both spouses hyphenate their last names, you may run into complications if you don’t notify the SSA. When newlyweds file a tax return using their new last names, IRS computers can’t match the new name with their Social Security Number.
2. If you were recently divorced and changed back to your previous last name, you’ll also need to notify the SSA of this name change.
3. Informing the SSA of a name change is easy; you’ll just need to file a Form SS-5, Application for a Social Security Card at your local SSA office and provide a recently issued document as proof of your legal name change.
4. Form SS-5 is available on SSA’s website at http://www.socialsecurity.gov, by calling 800-772-1213 or at local offices. Your new card will have the same number as your previous card, but will show your new name.
5. If you adopted your spouse’s children after getting married, you’ll want to make sure the children have an SSN. Taxpayers must provide an SSN for each dependent claimed on a tax return. For adopted children without SSNs, the parents can apply for an Adoption Taxpayer Identification Number – or ATIN – by filing Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions with the IRS. The ATIN is a temporary number used in place of an SSN on the tax return. Form W-7A is available on the IRS website at http://www.irs.gov, or by calling 800-TAX-FORM (800-829-3676).

Links:

• Social Security Administration
• Form SS-5, Application for a Social Security Card (PDF)
• Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions (PDF 42K)

Independent Contractor or Employee

I am getting a lot of questions about whether a business owner can pay and individual as a contract laborer rather than as an employee.

The payroll tax laws are weighted very heavily towards treating all workers as employees. Furthermore, all the risk of classification falls on the employer.

Here is the link to the Texas Workforce Commission website that references the IRS "20 point test" - http://www.twc.state.tx.us/news/efte/appx_d_irs_ic_test.html

INDEPENDENT CONTRACTOR TEST

INTERNAL REVENUE SERVICE

IRS Independent Contractor Test

The IRS formerly used what has become known as the "Twenty Factor" test. Under pressure from Congress and from representatives of labor and business, it has recently attempted to simplify and refine the test, consolidating the twenty factors into eleven main tests, and organizing them into three main groups: behavioral control, financial control, and the type of relationship of the parties. Those factors appear below, along with comments regarding each one (source: IRS Publication 15-A, 2010 Edition, page 6; available for downloading from http://www.irs.gov/pub/irs-pdf/p15a.pdf (PDF). Another good IRS resource for understanding the independent contractor tests is at http://www.irs.gov/businesses/small/article/0,,id=99921,00.html.

Behavioral control

Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of—

1. Instructions the business gives the worker. An employee is generally subject to the business' instructions about when, where, and how to work. All of the following are examples of types of instructions about how to do work:

1. When and where to do the work

2. What tools or equipment to use

3. What workers to hire or to assist with the work

4. Where to purchase supplies and services

5. What work must be performed by a specified individual

6. What order or sequence to follow

The amount of instruction needed varies among different jobs. Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. A business may lack the knowledge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. The key consideration is whether the business has retained the right to control the details of a worker's performance or instead has given up that right.

2. Training the business gives the worker. An employee may be trained to perform services in a particular manner. Independent contractors ordinarily use their own methods.

Financial control

Facts that show whether the business has a right to control the business aspects of the worker's job include:

3. The extent to which the worker has unreimbursed business expenses. Independent contractors are more likely to have unreimbursed expenses than are employees. Fixed ongoing costs that are incurred regardless of whether work is currently being performed are especially important. However, employees may also incur unreimbursed expenses in connection with the services they perform for their business.

4. The extent of the worker's investment. An employee usually has no investment in the work other than his or her own time. An independent contractor often has a significant investment in the facilities he or she uses in performing services for someone else. However, a significant investment is not necessary for independent contractor status.

5. The extent to which the worker makes services available to the relevant market. An independent contractor is generally free to seek out business opportunities. Independent contractors often advertise, maintain a visible business location, and are available to work in the relevant market.

6. How the business pays the worker. An employee is generally guaranteed a regular wage amount for an hourly, weekly, or other period of time. This usually indicates that a worker is an employee, even when the wage or salary is supplemented by a commission. An independent contractor is usually paid by a flat fee for the job. However, it is common in some professions, such as law, to pay independent contractors hourly.

7. The extent to which the worker can realize a profit or loss. Since an employer usually provides employees a workplace, tools, materials, equipment, and supplies needed for the work, and generally pays the costs of doing business, employees do not have an opportunity to make a profit or loss. An independent contractor can make a profit or loss.

Type of relationship

Facts that show the parties' type of relationship include:

8. Written contracts describing the relationship the parties intended to create. This is probably the least important of the criteria, since what really matters is the nature of the underlying work relationship, not what the parties choose to call it. However, in close cases, the written contract can make a difference.

9. Whether the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. The power to grant benefits carries with it the power to take them away, which is a power generally exercised by employers over employees. A true independent contractor will finance his or her own benefits out of the overall profits of the enterprise.

10. The permanency of the relationship. If the company engages a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that the intent was to create an employer-employee relationship.

11. The extent to which services performed by the worker are a key aspect of the regular business of the company. If a worker provides services that are a key aspect of the company's regular business activity, it is more likely that the company will have the right to direct and control his or her activities. For example, if a law firm hires an attorney, it is likely that it will present the attorney's work as its own and would have the right to control or direct that work. This would indicate an employer-employee relationship.

Former IRS Twenty-Factor Test

The previous twenty-factor test used by the IRS can be seen in the test (see Appendix E of this article) officially adopted by the Texas Workforce Commission, the agency which enforces the state unemployment tax in Texas. That test may be found on the Internet at http://www.texasworkforce.org/ui/tax/forms/c8.pdf (PDF). Employers may also request a copy in printed form by asking for Form C-8 from "Texas Workforce Commission, Tax Department, 101 E. 15th Street, Austin, Texas, 78778".

There is a "safe harbor" rule in Section 530(a) of the Revenue Act of 1978 that sometimes allows companies to classify workers in close cases as independent contractors, even if they might be considered employees under the IRS eleven-factor test shown here, as long as such a classification is consistent with the industry practice for such workers, or a previous IRS audit has found that such workers are not employees, or an IRS ruling or opinion letter supports the classification in question, and the worker has been treated all along as an independent contractor. The important thing to remember is that TWC takes the position that the agency is not bound by the safe harbor rule or by any particular ruling that IRS makes under the federal law, reasoning that TWC must follow its own specific Texas statute, Section 201.041 of the Texas Unemployment Compensation Act, which provides the "direction and control" test explained at the beginning of this article.

Do not underestimate the difficulty of applying these standards to specific individuals performing services. In doubtful cases, always consult a knowledgeable labor and employment law attorney.