Many Floridians Receive Hurricane Extension Due to Idalia

The IRS announced yesterday that victims of Hurricane Idalia have their tax filing deadlines extended until February 15, 2024.  As of this moment, most of central and northern Florida including the Tampa/St. Petersburg area, Orlando, and Jacksonville are eligible for this extension.  This is an extension for filing, not paying your tax.  But if you have a valid extension for your partnership, corporation, trust/estate, or individual return and are in this area, you have several months before you must file.  An excerpt of the IRS announcement:

The Internal Revenue Service today announced tax relief for individuals and businesses affected by Idalia in parts of Florida. These taxpayers now have until Feb. 15, 2024, to file various federal individual and business tax returns and make tax payments.

The IRS is offering relief to any area designated by the Federal Emergency Management Agency (FEMA). Currently, 46 of Florida’s 67 counties qualify. Individuals and households that reside or have a business in these counties qualify for tax relief, but any area added later to the disaster area will also qualify. The current list of eligible localities is always available on the disaster relief page on IRS.gov.

I would expect areas in Georgia and possibly North and South Carolina to join this list.

Kudos to the IRS for quickly announcing this relief.

Posted in Florida, IRS | Tagged | Comments Off on Many Floridians Receive Hurricane Extension Due to Idalia

An IRS Identity Protection Unit Saga: Part 1

I’ve written about James Smith before.  A few years ago, Mr. Smith was the victim of IRS “help” when they changed the Employer Identification Number (EIN) without his knowledge; that saga ended in 2022.  Unfortunately, Mr. Smith is now suffering through an Identity Protection Unit saga with no end in sight.

In 2021 Mr. Smith’s 2020 personal tax returns were timely filed with the IRS and Arkansas.  Mr. Smith’s 2020 federal return showed a refund of approximately $30,000; his Arkansas return showed a refund of about $10,000.  He promptly received his Arkansas refund.  However, about four months after filing Mr. Smith received an IRS 5071C letter requesting he verify his identity.

The process when you receive such a letter is that you must create an account on IRS.gov.  That’s now done through a third-party company, ID.me.  That company requires you to verify your identity–so you end up having to verify your identity twice.  The IRS now includes this important piece of information in their FAQ:

Yes, you must come back to this page and sign in to answer questions about your tax return.

But Mr. Smith did his verification in November 2021, not May 2022, and he didn’t realize that he had to verify his identity twice.  In late 2022 he called me to check on his refund.  I obtained an IRS Power of Attorney form covering 2020-2022 and called the Practitioner Priority Service in January 2023.  They told me he had never verified his identity online, and he would now need to call the Identity Protection Unit.

Calling the IP Unit is an adventure, and Mr. Smith is a busy businessman.  After several attempts he successfully verified his identity on March 23, 2023.  The IP Unit told him the return and refund should be processed within nine weeks.  Well, since I’m writing this you probably realize that didn’t happen.  We’ll cover the next steps in Part 2 of this saga next week.

Posted in IRS | Tagged | Comments Off on An IRS Identity Protection Unit Saga: Part 1

Everything Is in the Best of Hands: “Security Weaknesses Are Not Timely Resolved and Effectively Managed”

The Treasury Inspector General for Tax Administration (TIGTA) released a report today, and it doesn’t make for pleasant reading; it’s titled, “Security Weaknesses Are Not Timely Resolved and Effectively Managed.”  If you wonder why some don’t feel confident with the IRS preparing tax returns, look no further.  The summary (relating to what the IRS is currently doing with “Plan of Action and Milestones (POA&Ms)”) is quite damning:

The IRS did not timely review 291 (73 percent) of 401 POA&Ms TIGTA analyzed based on agency security policies nor did it perform the required closure reviews within the 60-day time period for 138 (49 percent) of 282 POA&Ms marked as either Accepted, Completed, or Validated.

Due to staffing shortfalls, IRS employees are not facilitating the timely resolution of information security weaknesses. Agency-wide, there are more than 500 POA&Ms categorized as Late, including 23 with risk severity ratings of either critical or high…

In addition, business units are not timely creating POA&Ms or consistently entering required POA&M information…

Finally, the IRS is not accurately identifying and tracking resources required to resolve information security weaknesses. For the 12,089 POA&Ms, there was a total estimated cost of $2.6 billion to resolve the information security weaknesses. From January 1, 2018, through August 26, 2022, the IRS finalized remediation efforts for 3,139 POA&Ms with total estimated costs of $134.5 million to resolve the information security weaknesses. However, during the closure process, the IRS did not reevaluate the estimated budget and update it with actual costs at closure, as required.

TIGTA made four recommendations, and at least the IRS agreed with all of them; the IRS plans on correcting all of them no later than May 15, 2024.  As to why this is important, TIGTA noted: “Failure to timely review, track, and close POA&Ms to resolve information security weaknesses puts the IRS at risk for exploitation by threat actors. In addition, tracking associated resources required to resolve POA&Ms facilitates informed decision-making.”  Tax professionals have enough security risks without having the IRS contributing more!

Posted in IRS | Tagged | Comments Off on Everything Is in the Best of Hands: “Security Weaknesses Are Not Timely Resolved and Effectively Managed”

Form 8300, Cryptocurrency, and Gambling

A Twitter/X post from John Reed Stark reminded me about an issue that may soon impact you if you are a professional gambler playing on one of the current US-facing sites such as Ignition or America’s Card Room (ACR).  FINCEN (the Financial Crimes Enforcement Network) Form 8300 requires anyone in business–this includes individuals (sole proprietors), partnerships, LLCs, and corporations–to report cash transactions of more than $10,000.  This law isn’t new, and like almost anything related to money laundering/FINCEN there are draconian penalties for not complying.  What is new is that cryptocurrency is considered “cash” for this purpose under Section 6050I of the Infrastructure Act (which passed in November 2021).  This section of the law takes effect on January 1, 2024.

Form 8300 requires you to inform FINCEN (or the IRS if you’re not subject to electronic filing rules) within 15 days of any transaction of more than $10,000:

Who must file. Each person engaged in a trade or business who, in the course of that trade or business, receives more than $10,000 in cash in one transaction or in two or more related transactions, must file Form 8300. Any transactions conducted between a payer (or its agent) and the recipient in a 24-hour period are related transactions. Transactions are considered related even if they occur over a period of more than 24 hours if the recipient knows, or has reason to know, that each transaction is one of a series of connected transactions.

This would include deposits onto gambling websites and withdrawals.  It would include two $5,500 transactions if you deliberately split your withdrawal into two transactions or if the gambling website splits the transaction into two.  (If you are outside of the United States when the entirety of the transaction occurs you are generally exempt.)

Today’s form doesn’t have a place for cryptocurrency, but I would expect that to be remedied by the end of the year (the last version of the form is dated August of 2014).  Form 8300 can be paper-filed or electronically filed on the BSA efile system.  (NOTE: Beginning January 1, 2024, if you are required to efile other information returns such as W-2s or 1099s, you will be required to efile Form 8300.)

While efforts exist in Congress to repeal the new Section 6050I, it’s highly unlikely these efforts will come to fruition.  Indeed, very little of substance has come out of this Congress; given the political divide in the country, expect this law to be in force in five months.  If you’re a professional gambler doing large cryptocurrency transactions (or, for that matter any business that accepts cryptocurrency) you will have more work ahead of you in the new year.

 

Posted in Cryptocurrencies, Gambling | Comments Off on Form 8300, Cryptocurrency, and Gambling

Unshocking News from the IRS: Staking Income Is Taxable

In what shouldn’t be a surprise to anyone, the IRS announced yesterday in Revenue Ruling 2023-14 that staking income, when received, is taxable income based on the fair market value when constructively received.  This should be a surprise to no one–if you receive something with a value it’s an accession to wealth and that’s the definition of income.  For myself and our clients, this has been how we’ve treated staking income because the answer of whether or not this was taxable was so obvious.

Posted in Cryptocurrencies | Comments Off on Unshocking News from the IRS: Staking Income Is Taxable

The Real Winners of the 2023 World Series of Poker

Yesterday afternoon, the 2023 Main Event of the World Series of Poker concluded. A record 10,043 entrants ponied up the $10,000 buy-in to the event leading to a prize pool of $93,399,900 (the $7,030,100 difference is the funds kept by Caesars for running the event). We focus on the nine-handed final table, but 1,507 received winnings from the prize pool; a minimum cash was worth $15,000. The winner received a whopping $12.1 million; however, did he get to keep it all?

One important note: I do need to point out that many of the players in the tournament were “backed.” Poker tournaments have a high variance (luck factor). Thus, many tournament players sell portions of their action to investors to lower their risk (and/or “swap” action with other entrants). It is quite likely that most (if not all) of the winners were backed (or had swaps) and will, in the end, only enjoy a portion of their winnings. I ignore backing and swaps in this analysis (because the full details are rarely publicized). Now, on to the winners.

Congratulations to Daniel Weinman, a professional poker player from Atlanta. On the final hand, Steven Jones, the runner-up, raised and Mr. Weinman called. On the flop of J-5-2, Mr. Weinman checked, Mr. Jones made a continuation bet, and Mr. Weinman raised with Mr. Jones calling. The turn came a 4, Mr. Weinman bet again, Mr. Jones raised all-in (after a four minute deliberation), and Mr. Weinman called in less than 30 seconds. Both players had a pair of Jacks (Mr. Weinman held K-J while Mr. Jones held J-8). Mr. Jones needed an eight on the river to win the hand, but the river was an Ace giving Mr. Weinman the championship. First place was a cool $12.1 Million. Mr. Weinman owes federal and state income tax and self-employment tax on his winnings. I estimate he will pay $4,831,195 to the IRS and $690,777 to the Georgia Department of Revenue (45.64% lost to taxes).

Second place went to the aforementioned Steven Jones. Mr. Jones, a real estate broker from Scottsdale, Arizona, earned $6.5 million for finishing second. An amateur gambler, Mr. Jones avoids self-employment tax but does owe income tax to Arizona. I estimate he will owe $2,364,616 to the IRS and $193,700 to the Arizona Department of Revenue (taxes took 39.36% of his winnings).

In third place was Adam Walton of nearby Henderson. Mr. Walton was eliminated when his pair of eights ran into Daniel Weinman’s pair of aces. Mr. Walton, a professional poker player, earned $4 million for his finish. As a Nevada resident, he avoids state income tax. However, he does owe federal income tax and self-employment tax. I estimate he will pay $1,557,986 (38.95%) in tax to the IRS.

Jan-Peter Jachtmann, a marketing manager and publisher of PokerBlatt in Germany, finished fourth for $3,000,000. Formerly a pot-limit Omaha specialist (Mr. Jachtmann won a WSOP event in that game in 2012), he’s likely to play quite a bit more no-limit hold’em in the future. On his final hand, his King-Queen ran into the pocket Aces of Adam Walton; the board gave Mr. Jachtmann no help and he was eliminated. The US-Germany Tax Treaty exempts gambling from withholding. Fortunately for Mr. Jachtmann, Germany taxes only professional poker players. Germany’s Rennwett und Lotteriesteuer (which dates to 1922!) exempts winnings of players (except for professionals). So as long as Mr. Jachtmann keeps his gambling as a hobby he won’t have to pay tax on it to Germany.

Finishing in fifth place for $2,400,000 was Ruslan Prydryk of Lungansk, Ukraine. Mr. Prydryk, a lawyer by training, plays poker part-time. He moved all-in with Queen-Ten, but ran into an Ace-Jack from his opponent. It didn’t help that the opponent also flopped two-pair. The US and Ukraine do have a tax treaty, and it exempts gambling so the IRS gets nothing. Ukraine does tax gambling, though; he faces a 19.5% flat tax rate. He ends up owing an estimated $456,000 (or 16,751,816 hryvnia) to the State Tax Service of Ukraine.

The sixth place finisher was Dean Hutchison, a professional poker player from Glasgow, Scotland. Mr. Hutchison’s long run in the main event ended when his pocket fives ran into the pocket sevens of Jan-Peter Jachtmann (and he received no help from the community cards). Mr. Hutchison earned $1,850,000 for his deep run in the event. Better still, he benefits from two quite favorable tax situations. First, the tax treaty between the United States and the United Kingdom exempts gambling from withholding. Second, the United Kingdom doesn’t tax gambling–even for professional gamblers. It’s always nice when your after-tax income is legally the same as your pre-tax income.

Toby Lewis, a professional poker player from Southampton, England finished in seventh place. Mr. Lewis was perhaps the most accomplished tournament player (along with Daniel Weinman) who made the final table. He maneuvered his short starting stack up two places to finish in seventh for $1,425,000. Like the aforementioned Mr. Hutchison, Mr. Lewis gets to keep all of his winnings thanks to the US-UK Tax Treaty and UK law.

In eighth place was Juan Maceiras of La Caruna, Spain. The Spanish poker professional entered the final table in fifth place but could never get anything going. Still, $1,125,000 is a good consolation prize. The US-Spain Tax Treaty exempts his winnings from withholding by the IRS. However, Spain does tax gambling. Indeed, Spain’s Agencia Tributeria is well known in poker circles as looking for every penny it can find (it has gone after winnings of non-Spaniards who cashed in poker tournaments held in Spain). Earlier this year, the Agencia Tributeria ruled that professional poker players are professional sportsmen; that means Spain gets to withhold tax on non-Spaniards winnings in Spain. For Mr. Maceiras, he will be in Spain’s top tax bracket of 47% (on income of €300,000 or more). Overall, I estimate Mr. Maceiras will owe $528,750 (€523,400) to Agencia Tributeria; he pays the highest percentage of tax of any of the final table participants.

The ninth place finisher was Daniel Holzner. Mr. Holzner is an apple farmer in Italy (yes, he really is) and received the entry as a birthday present for turning 30. He is quoted by PokerNews, “…I guess I have to make a really big, big, big party for them, all of them.” He’ll have plenty of funds for that party. His ninth place finished earned him $900,000. The US-Italy Tax Treaty exempts Italians from withholding. However, he will be taxed in Italy. (Gambling winnings in Italy and the European Union are exempt from Italian tax.) I estimate he will owe $387,000 to Italy’s Agenzia delle Entrate (a high 43% tax rate).

Here’s a table summarizing the tax bite:

Amount won at Final Table $33,300,000
Tax to IRS $8.753.797
Tax to Georgia Department of Revenue $690,777
Tax to Agencia Tributeria (Spain) $528,750
Tax to State Tax Service (Ukraine) $456,000
Tax to Agenzia delle Entrate (Italy) $387,000
Tax to Arizona Department of Revenue $193,700
Total Tax $11,010,024

That means 33.06% of the winnings at the final table goes toward taxes.

Here’s a second table with the winners sorted by their estimated take-home winnings:

Winner Before-Tax Prize After-Tax Prize
1. Daniel Weinman $12,100,000 $6,578,028
2. Steven Jones $6,500,000 $3,941,684
4. Jan-Peter Jachmann $3,000,000 $3,000,000
3. Adam Walton $4,000,000 $2,442,014
5. Ruslan Prydryk $2,400,000 $1,944,000
6. Dean Hutchison $1,850,000 $1,850,000
7. Toby Lewis $1,425,000 $1,425,000
8. Juan Maceiras $1,125,000 $596,250
9. Daniel Holzner $900,000 $513,000
Totals $33,300,000 $22,289,976

Once again, a player ended up placing higher than his actual finish based on after-tax results. This year, Mr. Jachmann of Germany was the beneficiary of being an amateur gambler. Do note that German professional gamblers don’t get such a good tax result. Indeed, many German professional poker players have moved to Austria (a much more favorable tax situation).

The Internal Revenue Service did not end up with taxes that exceeded the first place winnings; the agency will have to be content with finishing in second place (based on pre-tax prizes) with a haul of just $8,753,797. Still, you can’t say that the IRS didn’t do poorly because the house always wins.

Posted in Gambling | Tagged | Comments Off on The Real Winners of the 2023 World Series of Poker

Vermont Flood Victims Get an Extra Month to File their Returns

Many areas of Vermont have seen severe flooding over the past couple of weeks.  The area has been declared a federal disaster area.  The IRS announced today that impacted individuals have an extra month to file returns on extension (until November 15th); business returns on extension are also now due on November 15th.  Unfortunately, today’s weather forecast for Vermont includes more thunderstorms and possible severe weather that might exacerbate an already bad situation.

Posted in IRS, Vermont | Comments Off on Vermont Flood Victims Get an Extra Month to File their Returns

The Supreme Court Takes Up a Wealth Tax; You May Need to File a Protective Claim for Refund

At the end of 2017, Congress passed the Tax Cuts and Jobs Act (TCJA).  This complex measure added some deductions (such as the Deduction for Qualified Business Income), added restrictions on other deductions (such as the $10,000 limit on taxes as an itemized deduction), and added a few taxes.  One of the taxes added was the Section 965 Repatriation Tax.

Charles & Kathleen Moore invested in 2006 in an Indian company that was profitable. Under this tax, they had to pay (in 2017) tax on all the accumulated income even though they had never received any of the income.  They owed about $14,729 in tax.  They paid the tax, but then filed a Claim for refund (which was denied).  They then filed a lawsuit in federal district court in Washington to recover the tax.  The district court dismissed the case; the 9th Circuit Court of Appeals affirmed the dismissal on appeal.  You can read the Moore’s petition here; you can read the United States’s brief in opposition here; and you can read the Moore’s reply here.

If you were impacted by the Section 965 tax, you may have only until July 15, 2023 to file a “Protective Claim for Refund” for the 2019 tax year.  Two of our clients are impacted by this, and we notified both of them today.  (An option available with the tax was to pay this over an eight-year period; both of our impacted clients chose this option so they can still file a protective claim for 2019.)

I’ll have more on this case in the next few weeks, as it impacts the idea of wealth taxes (something that Senator Sanders, among others, likes the idea of).

Posted in IRS, Supreme Court | Tagged | Comments Off on The Supreme Court Takes Up a Wealth Tax; You May Need to File a Protective Claim for Refund

The Flu Strikes

On Monday, I went home around 1pm.  I felt awful.  When I got home I discovered why: I had a fever of 100.  It peaked at 103, but I’m still in triple digit land.  Worse, I appear to be a generous soul: I gave it to everyone in our office.  Thus, our office is closed until someone recovers.  (And yes, everyone in our office got flu shots this past winter.)  Given the flu normally is a one to two week illness, it’s likely to be sometime next week.

Posted in Taxable Talk | Comments Off on The Flu Strikes

When the IRS Computer Sends Out Lots of Bad Notices…

Almost everyone in California has an extension for filing and paying their taxes until October 16th (a result of the flooding in the state in January).  The IRS certainly know about this: they issued multiple announcements on the extensions.  Thus, a California taxpayer could file his or her return today and pay in October without any late payment penalties, late filing penalties, or interest (from April 15th onward).  This is absolutely, positively correct.

But.

Yes, there’s a but.  The wonderful IRS computer is sending out balance due notices to California clients (including one of ours).  John Smith (not his real name) owes the IRS about $30,000 for his 2022 tax (the return was filed in mid-May); he’s already set up a payment on IRS Direct Pay for October 16th.  Earlier this week he received a CP14 notice showing his balance due with penalties and interest.  This caused him to call me, where I confirmed that he didn’t have to pay the IRS until October and that the IRS notice was erroneous, and:

  • Mr. Smith previously called the normal IRS telephone line (800-829-1040), and the agent he spoke to wasn’t aware of the extension for Californians and told him that he did need to pay now or penalties or interest would be charged.  He also waited on hold for over two hours before speaking with someone;
  • I called the Practitioner Priority Service and discovered that (a) calls regarding these notices are heavy, (b) the IRS is apparently looking at stopping sending out the CP14 notices to Californians, and (c) yes, almost everyone in California doesn’t have to pay until October 16th.

The agent I worked with did put a freeze on notices to Mr. Smith, so his situation should be fine.  (It’s possible he’ll receive another notice in early October, but given his payment will be made in mid-October that’s not a big deal.)  But this is a result of not thinking things through completely.  These notices should never have been sent.  California’s Franchise Tax Board (California’s state tax agency) did not send Mr. Smith a notice regarding his California balance due (about $5,000).  That payment, too, is scheduled to be made on October 16th.  It shouldn’t have been a big deal for the IRS to correctly program its computers.

Of course, the IRS is dealing with technology that’s older than I am.  Yes, the main IRS computer system dates back to 1959.  Think punch cards and a computer that takes up a huge room.  (An aside: Are you a COBOL programmer?  If you are, the IRS wants to hire you!)  Making programming changes is very difficult.  The money going to the IRS to upgrade technology is really needed.  (Yes, there’s no guarantee that it will be spent wisely but the IRS definitely needs to update its computer systems.)

If you are a California resident and receive a CP14 notice, let your tax professional know.  At this point, it may be that a call to the IRS is necessary (unfortunately), but you really don’t have to pay until October 16th (unless you live in one of the three California counties that weren’t extended).

Posted in California, IRS | Tagged | Comments Off on When the IRS Computer Sends Out Lots of Bad Notices…