Credibility and our Voluntary Tax System

irsOur tax system is, at its core, a voluntary system. Since World War II we have had mandatory payroll withholding and quarterly estimated tax payments for the self-employed but it must be remembered this is not the payment of taxes. It is only a down payment on what we voluntarily self-assess ourselves when we file a tax return. We all know that some people voluntarily self-assess themselves large credits at the expense of the other taxpayers.

A voluntary tax system is dependent on the credibility of the agency that is collecting the self-assessed taxes and making sure that the self-assessments are correct. In the 60s the IRS was held up as a model government agency, a place you wanted to work. The credibility of the IRS has sunk to new lows due to the latest scandal to rock the Obama administration.

Today morale in the IRS is very low. Some of the reasons are that the IRS is under-staffed, under-funded and watching the revolving door as senior, experienced, people retire. The agency is grossly underfunded to handle its current workload, let alone the addition of the astounding amount of additional requirements imposed on it by Obamacare.

This hasn’t been a great week for the IRS — what with reports IRS functionaries targeted conservative groups that had applied for tax-exempt status with extra scrutiny.  It’s a scandal the likes of which the IRS hasn’t seen in decades, and it has shed light on an agency that wasn’t in great shape to begin with.

To even pretend that there was nothing political about what happened at the IRS is, at best, disingenuous. Short of directly asking federal agencies to investigate these groups, the President and Vice President demonizing anyone who spoke against them by making comments, such as “All around this country there are groups with harmless-sounding names like Americans for Prosperity, who are running millions of dollars of ads against Democratic candidates . . . And they don’t have to say who exactly the Americans for Prosperity are”. Especially as top congressional Democrats were putting in their own versions of phone calls, sending letters to the IRS that accused it of having “failed to address” the “problem” of groups that were “improperly engaged” in campaigns. Because guess who controls that “independent” agency’s budget?

The IRS is easy to demonize, but it doesn’t exist in a vacuum. It got its heading from a president, and his party, who did in fact send it orders—openly, for the world to see. The way to limit Romney money was to intimidate donors from giving. Donate, and the president would at best tie you to Big Oil or Wall Street, at worst put your name in bold, and flag you as “less than reputable” to everyone who worked for him: the IRS, the SEC, the Justice Department. The president didn’t need a telephone; he had a megaphone.

In his Tuesday press grilling no question agitated White House Press Secretary Jay Carney more than the one that got to the heart of the matter: Given the president’s “animosity” toward Citizens United, might he have “appreciated or wanted the IRS to be looking and scrutinizing those . . .” Mr. Carney cut off the reporter with “That’s a preposterous assertion.” Ah, if only that were true. Why would the IRS look into the very groups that the President has spent years claiming were shady, undemocratic, even law breaking?

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Once is Not Enough: Why Contact a Tax Pro After April 15

RDP Questions & Answers

Did you Get a Letter from the IRS

Have you visited your doctor for your annual physical? Have you seen your dentist once or twice in the past year? Your financial health is as important as your physical health. To stay healthy, you must monitor your health and be aware of any changes. Your financial health needs to be monitored in the same way. Even though you see your licensed tax professional once a year, you may need to have another meeting or checkup during the off-season. Your tax professional can keep you on the right track, but only if he or she knows what’s going on. Many times, there is little that can be done come tax time to fix an unpleasant tax situation that occurred earlier in the year. Here are some examples of situations that warrant an off-season visit or communication with your tax professional.

Events such as marriage, divorce or remarriage result in a change in marital status, but can also result in a change in tax status. The exemptions claimed on your W-4 may need to be adjusted to prevent an unexpected tax bill. If you are going through a divorce, discussing the ramifications of dependents, alimony, childcare or division of property before signing anything is extremely helpful. Divorce decrees often contain wording that has a different tax result than what was intended. Call on your tax professional for a review.

A change in family size with the birth or adoption of a child can affect your tax return. And, as children get older, you may lose certain credits.

A career change might affect your tax situation. If you have pension opportunities that you are not sure about or excludable benefits such as cafeteria plans and dependent care benefits to choose from, your tax professional can help you evaluate your options. A career change might also increase income, shifting you into a higher tax bracket or changing the work-related deductions available, making a change in withholding a possibility.

If you find yourself in financial trouble, bankruptcy may be the option you choose. If so, there are tax implications you should be aware of and options that may be available, so contact your tax professional. Time is of the essence if you are in a bankruptcy situation.

Did your company present you with an early retirement proposal or are you considering an early retirement? This event definitely changes your life and your tax situation! It’s better to discuss the options before you act rather than face a large tax bill because you didn’t. Know the tax implications of your decision: check with your tax professional to make sure you are not triggering an early withdrawal penalty or causing Social Security to be taxable.

While you probably use care in choosing a doctor, do you apply the same care in choosing a tax professional? The person doing your taxes should be registered with IRS, have passed testing on taxation, and be required to complete continuing education to keep up with the ever-changing tax code. Enrolled agents meet these criteria.

Last, but not least, if you receive a letter from the IRS, call your enrolled agent! Do not ignore it or toss it in a drawer hoping it will disappear. Putting off action only creates more letters and possibly, larger penalties.

The key word is communication: keep your tax professional informed of any changes in your life because they may change your tax situation.

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Of course the White House had nothing to do with the IRS Scandal … right

By KIMBERLEY A. STRASSEL

Mr Obama

Was the White House involved in the IRS’s targeting of conservatives? No investigation needed to answer that one. Of course it was.

President Obama and Co. are in full deniability mode, noting that the IRS is an “independent” agency and that they knew nothing about its abuse. The media and Congress are sleuthing for some hint that Mr. Obama picked up the phone and sicced the tax dogs on his enemies.

But that’s not how things work in post-Watergate Washington. Mr. Obama didn’t need to pick up the phone. All he needed to do was exactly what he did do, in full view, for three years: Publicly suggest that conservative political groups were engaged in nefarious deeds; publicly call out by name political opponents whom he’d like to see harassed; and publicly have his party pressure the IRS to take action.

Mr. Obama now professes shock and outrage that bureaucrats at the IRS did exactly what the president of the United States said was the right and honorable thing to do. “He put a target on our backs, and he’s now going to blame the people who are shooting at us?” asks Idaho businessman and longtime Republican donor Frank VanderSloot.

At the White House, President Obama addresses the IRS scandal, May 15.

Mr. VanderSloot is the Obama target who in 2011 made a sizable donation to a group supporting Mitt Romney. In April 2012, an Obama campaign website named and slurred eight Romney donors. It tarred Mr. VanderSloot as a “wealthy individual” with a “less-than-reputable record.” Other donors were described as having been “on the wrong side of the law.”

This was the Obama version of the phone call—put out to every government investigator (and liberal activist) in the land.

Twelve days later, a man working for a political opposition-research firm called an Idaho courthouse for Mr. VanderSloot’s divorce records. In June, the IRS informed Mr. VanderSloot and his wife of an audit of two years of their taxes. In July, the Department of Labor informed him of an audit of the guest workers on his Idaho cattle ranch. In September, the IRS informed him of a second audit, of one of his businesses. Mr. VanderSloot, who had never been audited before, was subject to three in the four months after Mr. Obama teed him up for such scrutiny.

The last of these audits was only concluded in recent weeks. Not one resulted in a fine or penalty. But Mr. VanderSloot has been waiting more than 20 months for a sizable refund and estimates his legal bills are $80,000. That figure doesn’t account for what the president’s vilification has done to his business and reputation.

The Obama call for scrutiny wasn’t a mistake; it was the president’s strategy—one pursued throughout 2012. The way to limit Romney money was to intimidate donors from giving. Donate, and the president would at best tie you to Big Oil or Wall Street, at worst put your name in bold, and flag you as “less than reputable” to everyone who worked for him: the IRS, the SEC, the Justice Department. The president didn’t need a telephone; he had a megaphone.

The same threat was made to conservative groups that might dare play in the election. As early as January 2010, Mr. Obama would, in his state of the union address, cast aspersions on the Supreme Court’s Citizens United ruling, claiming that it “reversed a century of law to open the floodgates for special interests” (read conservative groups).

The president derided “tea baggers.” Vice President Joe Biden compared them to “terrorists.” In more than a dozen speeches Mr. Obama raised the specter that these groups represented nefarious interests that were perverting elections. “Nobody knows who’s paying for these ads,” he warned. “We don’t know where this money is coming from,” he intoned.

In case the IRS missed his point, he raised the threat of illegality: “All around this country there are groups with harmless-sounding names like Americans for Prosperity, who are running millions of dollars of ads against Democratic candidates . . . And they don’t have to say who exactly the Americans for Prosperity are. You don’t know if it’s a foreign-controlled corporation.”

Short of directly asking federal agencies to investigate these groups, this is as close as it gets. Especially as top congressional Democrats were putting in their own versions of phone calls, sending letters to the IRS that accused it of having “failed to address” the “problem” of groups that were “improperly engaged” in campaigns. Because guess who controls that “independent” agency’s budget?

The IRS is easy to demonize, but it doesn’t exist in a vacuum. It got its heading from a president, and his party, who did in fact send it orders—openly, for the world to see. In his Tuesday press grilling, no question agitated White House Press Secretary Jay Carney more than the one that got to the heart of the matter: Given the president’s “animosity” toward Citizens United, might he have “appreciated or wanted the IRS to be looking and scrutinizing those . . .” Mr. Carney cut off the reporter with “That’s a preposterous assertion.”

Preposterous because, according to Mr. Obama, he is “outraged” and “angry” that the IRS looked into the very groups and individuals that he spent years claiming were shady, undemocratic, even lawbreaking. After all, he expects the IRS to “operate with absolute integrity.” Even when he does not.

 

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The Tax Burden in America is not High Enough?

Just now, by a vote of 69-27, the U.S. Senate has passed yet another tax hike. Instead of curbing spending, they have decided that raising taxes on the Internet is the best way to pay the debt. Well, they are wrong.

The bill aims to enforce a sales and use tax on businesses that rely on the Internet to reach their customers. While the specifics of the bill are about as long as Obamacare, here are the top three problems with the Internet sales tax:

  • Online businesses would be responsible for collecting and filing their sales tax from customers that don’t reside in their state.
  • Businesses would be forced to use software that will generate a database to keep track of their tax paying customers. This also puts their customers at risk should the database be hacked, spilling millions of sensitive information records into the wrong hands.
  • States might no longer seek to lower their taxes for business friendly environments. They’d be encouraged to raise their taxes in order to collect tax money from other states, thus hurting potential business development.

If you’re scratching your head wondering how the Senate has managed to support a bill that could put a halt to business development, increases taxes, and further regulates our last free market, the Internet, we are too.

This is a poorly written bill whose future consequences have not been thoroughly thought out yet. We are disappointed that the Senate and the people we have elected to represent us would consider such a poorly thought out piece of legislation.

Now retailers who are not in a brick and mortar situation will have to be able to figure out, for each taxing jurisdiction (city, county, state, etc.) what is subject to sales tax and what the rate is. There are currently 466 different taxing jurisdictions with sales taxes. They do not have a common definition as to what is taxable or how to remit the funds.

Looking at fairness, the brick and mortar store collect sales tax where there store is located and if they ship it out of that jurisdiction they do collect sales tax. In fact some retailers encourage people to buy in one place and ship it to ta tax free jurisdiction so they don’t have to pay sales tax.

Let the states collect their own Use tax and leave the entrepreneurs alone to create businesses and generate income.

Posted in Tax Policy | 1 Comment

IRS Description of Enrolled Agents

People with this credential are licensed by the IRS and specifically trained in federal tax planning, preparation and representation. Enrolled agents hold the most expansive license IRS grants and must pass a suitability check, as well as a three-part Special Enrollment Examination, a comprehensive exam that covers individual tax, business tax, and representation issues.

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Amnesty without back taxes

The 844-page bill filed by the Senate’s Gang of Eight is filled with so many waivers, exemptions, loopholes, and broken promises that it’s almost too much to keep up with. The most recent item that can be filed in the “broken promises” category has to do with back taxes.

Some more digging through the bill has found that illegal aliens will not have to pay back taxes before applying for and receiving amnesty. Sec. 2101 of the bill describes the process by which most of the nation’s 11-18 million illegal aliens can apply for Registered Provisional Immigrant Status (including work permits).

Under a subsection entitled “Payment of Taxes”, the bill states that illegal aliens will have to satisfy “any applicable Federal tax liability.” The next paragraph defines “applicable Federal tax liability” as any income taxes that have been assessed by the IRS. So, for those illegal aliens that haven’t filed a tax return, they won’t have to pay any taxes on any work they may have been paid for in the past.

Why is this important? For starters, when the Gang of Eight released their “framework” for immigration reform back in January, they said that illegal aliens would have to “pay back taxes” in order to receive an amnesty. The next day, Sen. Marco Rubio spoke on the Senate floor and said that illegal aliens would have to “pay back taxes.” Now that there’s a bill – there’s no requirement to pay back taxes unless the illegal alien has already been flagged by the IRS for owing back taxes.

We’re seeing this become a trend with the Gang of Eight. We were told there would be triggers. Now we know the triggers are meaningless. We were told there would be enforcement before legalization. Now we know it’s legalization before enforcement. We were told there would be an entry/exit system. Now we know the exit system excludes all land ports. What else will we learn in the upcoming weeks?

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Tax Season is Over … Here is a Special Remembrance

I pass this story on to all of you ….

 This is very revealing and something that is, unfortunately not too common these days.

Ann Margert 1966

Richard, (my husband), never really talked a lot about his time in Viet Nam , other than he had been shot by a sniper. However, he had a rather grainy, 8 x 10 black and white photo he had taken at a USO show of Ann Margret with Bob Hope in the background that was one of his treasures.

 A few years ago, Ann Margret was doing a book signing at a local bookstore. Richard wanted to see if he could get her to sign the treasured photo so he arrived at the bookstore at 12 o’clock for the 7:30 signing.

 When I got there after work, the line went all the way around the bookstore, circled the parking lot, and disappeared behind a parking garage. Before her appearance, bookstore employees announced that she would sign only her book and no memorabilia would be permitted.

tn_Ann Margret 1966

Richard was disappointed, but wanted to show her the photo and let her know how much those shows meant to lonely GI’s so far from home. Ann Margret came out looking as beautiful as ever and, as second in line, it was soon Richard’s turn.

 

He presented the book for her signature and then took out the photo. When he did, there were many shouts from the employees that she would not sign it. Richard said, ‘I understand. I just wanted her to see it.’

 

 She took one look at the photo, tears welled up in her eyes and she said, ‘This is one of my gentlemen from Viet Nam and I most certainly will sign his photo. I know what these men did for their country and I always have time for ‘my gentlemen.”

 With that, she pulled Richard across the table and planted a big kiss on him. She then made quite a to-do about the bravery of the young men she met over the years, how much she admired them, and how much she appreciated them.. There weren’t too many dry eyes among those close enough to hear. She then posed for pictures and acted as if he were the only one there.

Later at dinner, Richard was very quiet. When I asked if he’d like to talk about it, my big, strong husband broke down in tears.. ‘That’s the first time anyone ever thanked me for my time in the Army,’ he said.

 That night was a turning point for him. He walked a little straighter and, for the first time in years, was proud to have been a Vet. I’ll never forget Ann Margret for her graciousness and how much that small act of kindness meant to my husband.

 I now make it a point to say ‘Thank you’ to every person I come across who served in our Armed Forces.. Freedom does not come cheap and I am grateful for all those who have served their country.

 If you’d like to pass on this story, feel free to do so. Perhaps it will help others to become aware of how important it is to acknowledge the contribution our service people make.

 Semper Fi

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Pre-existing Conditions … Planned Destruction of Obamacare

Bipartisan Agreement- ObmacareBy health insurance definition, a pre-existing health condition is one that existed a set period of time before the applicant applied for the policy, regardless of whether it was being actively treated or not. Often times these conditions are not the fault of the person applying for coverage, and I’ve always strongly felt that there needs to be viable options for these people. But very often, the health conditions that people have are DIRECTLY their own fault because of the bad habits they know they have yet keep on doing. And under Obamacare, these people will be charged the same premiums as those of us who are health conscious and rarely need medical treatment.

Sorry – but I have a huge problem with that. People who get struck with conditions they didn’t actually strive to get, I empathize with them. But to those who knowingly, stubbornly went out of their way to get sick, shut up and pay for what you did to yourself. I shouldn’t have to help pay for your intentional indiscretions.

The latest nail in the healthy lifestyle coffin is this:

It was just discovered, according to Kevin Williamson with the National Review, under Obamacare’s DC czars, smoking will be considered a pre-existing condition, and therefore will not be charged any higher premiums than those who take great strides to live a healthy lifestyle. Liberal California and Connecticut agree, and expect others to follow suit.

As shown by the CDC, smoking is the leading CAUSE of sickness (aka pre-existing conditions) and death in this country. So those who are knowingly, willingly making themselves sick, causing more claims and therefore higher rate increases for all of us can just keep right on going, because WE will be charged extra to help support their blatantly unhealthy habits.

Smoking is no more a pre-existing condition than shooting heroin or smoking meth – unless of course you’re looking for inside ways to blow out the current healthcare system so you can say, “See, we tried to make it work with the insurance companies, but they failed – so now we have no choice but to step in and take over”.

Tell me I’m wrong!

 

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 ”There is no such thing as public money, there is only taxpayers’ money” – Margaret Thatcher - 

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Your Audit Risk – 8 Flags

Stock IRS LOGBeing selected for an IRS audit is not simply a matter of chance. Certain factors can make your tax return stand out from the rest.

Extra Help Online

To help you cut the risk of an audit, use a tax preparation service,

The IRS pays more attention to some returns than others, so it’s important to understand the factors that may elevate the likelihood that auditors take an interest in your situation.

If you’re audited, don’t be surprised if you have to make additional payments for invalid deductions or expenses. It’s easy to make mistakes, so be sure to keep all your documentation in case you get audited.

Here are eight potential red flags that could alert the IRS — and some survival tips if you come under scrutiny.

1. High incomes. According to a recent IRS report on its enforcement activity, your chance of being audited substantially increases once your income crosses $200,000.

2. Large itemized deductions. Deduct every penny you’re entitled to — but realize that if your itemized tax deductions are bigger than the IRS’ target range for people at your income level, your return may get a second look.

3. Home offices. You can only take a home office deduction if you meet all of the qualifications, including regularly and exclusively using part of your home as your principal place of business. For example, if your office doubles as the kids’ playroom, you’re generally unable to deduct it. For details, see IRS Publication 587.

4. Missing investment income. You know the IRS Form 1099 that financial services companies send you that summarizes your interest and dividends for the year? The IRS also gets that information. Make sure your return properly includes this information.

5. Incomplete returns. If your return is missing a few pieces, the IRS may wonder what else you forgot. Although you still must enter the correct information, a tax-preparation service that calculates figures you enter may help you avoid certain clerical errors that raise auditors’ eyebrows.

6. Business losses. In a tough economy, business losses are more common — but they’re still something the IRS likes to double-check. Make sure your expenses are legitimate and eligible to be deducted and that your business isn’t just a thinly disguised hobby.

7. Charitable deductions. You’ll need a canceled check or dated receipt for any cash contributions, and contributions of $250 or more require written acknowledgement from the charity. If you made a noncash contribution valued at more than $5,000, you’ll need an expert appraisal to back up your claim.

8. Medical expenses. For 2012, you can deduct these costs only to the extent they’re greater than 7.5% of your adjusted gross income, and it’s important to keep detailed records. Also remember you can’t deduct the cost of over-the-counter medicine, health club dues or most cosmetic surgeries. For 2013, the percent-of-AGI hurdle for those 64 and younger is climbing to 10%.

If you’re doubtful about the decisions you’re making when completing and filing your tax return, consider hiring a professional. Spending some money for expert guidance today could help you avoid paying increased taxes and penalties tomorrow.

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