Recently in Tax Information Category

August 24, 2010

Tax Problem -- State sues TV's 'tax lady' for alleged swindles

Avvo.jpgAs I have written on a number of occasions, people find all kinds of ways to get into tax troubles with the Internal Revenue Service. A surprising number of people fail to file their taxes every year. A much larger number of people find they don't have the money to pay their tax bills, especially people who are self-employed. Many small business (and some not so small business) owners fail to pay withholding taxes to the IRS and risk getting into tax trouble both on a business and a personal basis.

Inevitably, when people find themselves in trouble, they also find people all too willing to take advantage of their problems. Many of my clients come to me after they have tried tax relief agencies they have found through advertisements. The story is always the same: "I paid them $X,000, and they didn't do anything. They wouldn't return my telephone calls, but when they finally did call me back, all they wanted was more money."

Here is an article about one of these tax mills being sued for just this type of behavior. I have no idea whether the allegations are true of this attorney, but I wouldn't be very surprised if they were. What surprises me most is the failure of the IRS and local bar associations to protect the public.

If you have a tax problem, give me a call. Talk to me. Check me out. I'm not free, perhaps not even inexpensive. But doing things correctly is always the least expensive choice.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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August 12, 2010

Most High Income Bracket Taxpayers Won't See Big Increases From Eliminating Bush Tax Cuts

The nonpartisan congressional Joint Committee on Taxation found that the proposed maintenance of the Bush tax cuts for all but individuals earnings at least $200,000 and couples earning at least $250,000 would not have a particularly significant affect on the tax bills of those in the upper two brackets. The report found that the average tax increase for those earning between $200,000 and $500,000 would be $532.

For those earning between $500,000 and $1 million, their tax bill would increase by an average of about $10,000, and the average tax bill for those earning over $1 million would increase approximately $100,000. There are approximately 608,000 taxpayers who earn between $500,000 and $1 million, and 315,000 taxpayers who earn more than $1 million.

The Joint Committee on Taxation expects that there will be approximately 161 million tax returns filed for 2010 with less than 5,000,000 (about 3%) returns filed by those earning more than $200,000. The plan would raise about $38 billion.


Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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August 3, 2010

New Tax Tables Will Save Ohio Taxpayers Millions

Next year, Ohio becomes one of a handful of states that index their income taxes. The Commissioner of the Department of Taxation has issued new tables addressing this issue in which tax brackets will increase by .9% to account for inflation figures released by the federal government.

Although the idea seems quite a change, the actual affect, though, will not be that great. A family earning $25,000 will save $3.70 in state income taxes, while a family earning $1 million will save $26.35 a year. Article

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July 22, 2010

Americans With Disabilities Act To Celebrate 20 Years

On July 26, 1990, President George H. W. Bush signed what he declared to be "the first comprehensive declaration of equality for people with disabilities." He further called for the destruction of "The Shameful Wall of Exclusion."

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Since that day, there have been many court decisions interpreting the Americans with Disabilities Act. Some of these decisions, and particularly some decisions of the Supreme Court, narrowed the scope of the law intended by Congress when it passed the ADA. This led to Congress passing the ADA Amendments Act of 2008 that President George W. Bush signed on September 25, 2008.

All Americans should celebrate the twentieth anniversary of the ADA on July 26, 2010, and remember that the law as it now exists was passed by two different Congresses and signed by two different Presidents, both named Bush.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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May 12, 2010

Estate Tax Problem -- A Possible Resolution

On April 22nd, the Senate Budget Committee approved and sent to the Senate its Budget Resolution for Fiscal Year 2011 that begins on October 1, 2010. There are many provisions that deserve notice, but one issue that has plagued estate planners and taxpayers alike has been the issue of the estate tax.

The budget resolution contains a provision that would make the 2009 estate tax provisions applicable to 2010 and 2011. These include the $3.5 million exemption (which would now be indexed for inflation) and a top rate of 45%.

The existing law, left over from President Bush's administration, has no estate tax applicable to 2010, but the tax would be restored in 2011 with a top rate of 55% and an exemption of $1 million.

Your Cincinnati Tax Attorney

Paul A. Nidich
http://paulnidich.webs.com

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April 29, 2010

Health Care Reform -- Small Business Tax Credit

The Internal Revenue Service has created a video to help small businesses understand the new tax credits that are now available after the passage of the Health Reform Legislation in March, 2010. The video lasts for a minute and ten seconds.

Your Cincinnati Tax Attorney

Paul A. Nidich
http://paulnidich.webs.com

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April 27, 2010

Tax Problem -- Identity Theft -- Someone Stole My Social Security Number

Identify Theft logo.jpgTaxpayers can have major problems with the Internal Revenue Service when someone steals their social security number and gives it to their employer. The key is two-fold: protect your social security number from theft and respond aggressively to any notification by the IRS.

Typically, a taxpayer will first become aware of someone using his or her social security number by receiving a notice from the IRS. This notice, CP 2000, informs the taxpayer that income reported to the IRS associated with the taxpayer's social security number was not reported by the taxpayer on a certain year's income tax return.

The notice also gives the taxpayer specific information about the discrepancy, such as how much was earned and the employer. This information alerts the taxpayer that someone else gave his or her social security number to the employer for whom the taxpayer did not work.

If you get this notification, immediately take the following action:

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April 25, 2010

Tax Problem -- Trust Fund Recovery Penalty

Employers are required to withhold three types of taxes from their employees' paychecks: income tax, social security tax, and Medicare tax. Depending upon the size of the business and the payroll, employers are then required to pay over to the government these withheld taxes within certain time periods.

Many employers who are having cash flow problems are tempted not to pay these withheld taxes to the government. Those that fall prey to this temptation instead use the withheld money to try to keep their businesses afloat. Not only is this illegal, but the IRS will usually catch up with these businesses and assert a civil trust fund recovery penalty against all people in the business whom it thinks fits the definition of a "responsible person."

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March 23, 2010

New Tax Benefits for Employers

Employers received two new potential tax benefits in recent legislation signed by President Obama. The Hiring Incentives to Restore Employment Act (HIRE) created two new incentives to encourage employers to hire and retain unemployed workers.

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The first incentive would allow employers to avoid matching Social Security contributions for unemployed workers hired after February 3, 2010 and before January 1, 2011. While the employer would still have to withhold the employee's FICA, Medicare, and income taxes, the employer would only have to match the Medicare withholding, a saving of 6.2% of the wages paid to the new hire.

The second incentive, a general business tax credit, would be allowed to businesses who retain the newly hired employee for a period of at least one year. The credit will be worth up to $1,000 per employee and will be taken on the employer's 2011 income tax returns.

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March 19, 2010

Your 2009 Federal Tax Return -- Extra Standard Deductions

I'm sure that you have been reading or hearing a lot about extra standard deductions you should be watching our for, if you do not itemize your deductions on Schedule A. These articles probably start off, "Even if you don't itemize, you can deduct" and then they trail off into a lot of confusing words. Here's a better idea.

Std Ded.jpgTake a look at IRS Schedule L by clicking on this link. This one-page form (plus one page of instructions) can be used by people who file Form 1040 or Form 1040A.

Schedule L walks you through the extra standard deductions that are not already shown on your basic tax return, disaster losses, taxes paid for the purchase of a new motor vehicle in 2009 after February 16, 2009, and state and local real estate taxes paid in 2009.

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March 10, 2010

Tax Problem - Offers in Compromise Made Easier

The Internal Revenue Service recently announced that it will relax some of its standards in determining the amount of money it will accept from a taxpayer to eliminate the taxpayer's debt through its offer in compromise program.

Many taxpayers have taken advantage of the offer in compromise program to settle their tax debt for less than the full amount of money, taxes plus penalties plus interest, owed to the IRS. According to the IRS, it is authorizing its employees to take the current unemployment problem into consideration when negotiating an offer in compromise amount with an unemployed taxpayer.

OIC Booklet.jpgOne of the best times to negotiate an offer in compromise is during the collection due process hearing procedure. A taxpayer is entitled to a collection due process hearing when IRS takes certain steps during its attempts to collect taxes owed to it. Pay special attention to notices you receive from the IRS for the words " Notice Of Your Right To A Hearing."

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February 22, 2010

Tax Problem - The Difference Between An Innocent Spouse and An Injured Spouse

The Internal Revenue Service has two categories for taxpayers who want to avoid tax problems caused by their spouses. One is called an Innocent Spouse, while the other is called an Injured Spouse. Basically, an Innocent Spouse is a spouse who wants to avoid joint tax liability because of the bad deeds of his or her spouse where they had filed joint returns in the past. An Injured Spouse is a spouse who wants to be able to take advantage of the benefit of filing a joint return but doesn't want to lose a refund because of his or her spouse's prior IRS or child support debt.

As people prepare to file their 2010 income tax returns, we will focus on the Injured Spouse. Assume that one spouse owes back child support. The IRS may be withholding tax refunds owed this spouse and paying the child support agency, instead. The couple may have just gotten married or may have been filing separate returns, so the second spouse does not risk losing his or her tax refund to pay for the first spouse's debt.

One way to avoid this problem is to file IRS Form 8379, "Injured Spouse Allocation. The purpose of this form is to allocate any tax refund between the spouses to avoid the "injured spouse" from losing his or her refund.

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February 8, 2010

The Estate Tax Mess -- When Members of Congress are More Concerned with Politics than Governing

As the year 2010 approached, most people believed that Congress would clean up the mess made by it by passing President Bush's 2001 estate tax changes. Estate Plans were drafted with attorneys and clients convinced that Congress would act, and the draconian changes scheduled to occur in 2010 would not take place. They were dead wrong.

As Republicans tied up Congress with their strategy of "No," and Democrats ignored the realities of the situation, no change of the Bush estate tax mess ever took place. What are the consequences?

To the delight of many (even though not affected), there currently is no federal estate tax. But, with the previous exemption of $3.5 million in place in 2009, relatively few estates were affected by the federal estate tax, anyway. So, eliminating the federal estate tax affects very, very few people who pass away in 2010.

On the other hand, there is a part of the Bush tax mess that does affect a great many families who lose loved ones in 2010. This part is the change in what is called the "step-up in basis" that affects capital assets like homes or stocks.

Under the old law, no matter what the price of the asset was when purchased, when it transferred because the death of the owner, the "profit" passed to the new owner without tax. This was not simply a deferral of the payment of a tax; this was a tax that never had to be paid.

Under the law as it exists today, each individual has a limited amount of property that can pass to heirs with a stepped-up basis. All other capital assets with be taxed under the capital gains structure based on the cost of the property when it was first purchased, unless there is some other provision of the tax code that affects how the property will be taxed or not taxed.

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January 21, 2010

Haiti Relief Contributions Deductible on 2009 Tax Return

The House of Representatives unanimously passed a bi-partisan bill allowing cash contributions made to Haiti relief funds to be deducted on your 2009 tax return. These cash contributions must be made after January 11, 2010 and before March 1, 2010 to qualify for this special treatment. The Senate is expected to follow suit in short order.

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December 14, 2009

The "Making Work Pay" Tax Credit

The American Recovery and Reinvestment Act of 2009 created a new, refundable personal tax credit for 2009 and 2010. This credit is known as the "Making Work Pay" tax credit. For those who qualify, the credit equals 6.2% of earned income, up to $400 for individuals and $800 for married couples who file jointly. Most working Americans will qualify for the credit, but nonresident aliens and taxpayers who can be claimed as dependents by someone else do not qualify. There are two tests to determine whether a taxpayer qualifies for this credit.

First, the taxpayer must have and include a valid social security number on the taxpayer's tax return. Couples filing joint returns only need to have one valid social security number to qualify.

The second test for this credit is the taxpayer's Modified Adjusted Gross Income ("MAGI"). An individual needs to have a MAGI of less than $75,000, while couples need to have a MAGI of less than $150,000 jointly to qualify for the full amount of the credit. The amount of the credit varies on a sliding scale between $75,000 and $95,000 for individuals and $150,000 and $190,000 for joint filers. A MAGI that exceeds $95,000 or $190,000, reduces the credit to zero.

The amount of the credit a taxpayer is entitled to take is found by filing out Schedule M on your 2009 tax return.

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