If It’s In Cash It Doesn’t Count, Right?

Three owners of a charter bus company in San Jose, California apparently had the idea that if it’s in cash, it’s not income. As readers of this blog know, that’s definitely not the case. This likely won’t turn out well for a bus company.

Quality Assurance Travel provides charter bus service in the San Francisco Bay Area. Among the charters they run is one to the Chukchansi Gold Resort & Casino near Coarsegold (east of Fresno and Merced in the Sierra Nevada foothills). Quality Assurance advertises the trips on their website, even noting the low cost of $20.

What they don’t mention on the website is that the fare is payable only in cash. That is mentioned in the US Attorney’s press release, along with the accusation that the owners of the bus company neglected to include the cash on their tax returns but did manage to include the money paid by the casino (as checks) to the bus company.

The owners of the bus company, Fidencio Moreno, Arturo Moreno, and Elena Moreno, are accused of tax fraud and facing several years at ClubFed if found guilty of the charges. To answer the question I posed with the headline of this story, cash income is just as taxable as checks or credit cards.

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California Raises Taxes; Will Businesses Flee?

Elections have consequences. California approved Proposition 30 last week, raising state income taxes “temporarily” by a minimum of 1% (from 9.3% to 10.3%); the top rate is now 13.3%. That is not a typo: If you make $1 million or more, you will be in the 13.3% marginal tax bracket. That likely will cause business owners to look at states where the climate isn’t as nice but the taxes are nicer.

(This may not be the only tax increase for businesses. There is a chance that Democrats will have a “supermajority” in the California legislature. Currently, it takes a two-thirds vote to pass tax increases; Republicans have opposed all tax increases. If Democrats obtain the supermajority, expect to see plenty of new taxes. I’d guess on a repeal of Proposition 13 for commercial property, a broadening of sales tax to include services, and an oil severance tax just as starters. I probably should remind Democrats of Alan Greenspan’s line, “Whatever you tax, you get less of.” But I digress….)

Take-Two Interactive Software will move 150 jobs when their QA studio moves from Northridge (in the San Fernando Valley area of Los Angeles) to Las Vegas. The City of Las Vegas and Nevada threw in $1.2 million in incentives; I’m sure that might have helped the cause along. But consider that Take Two won’t have to pay California state income tax and Los Angeles business tax anymore, and that makes the saving seven greater.

As many of you know, I executed my own “Escape from California” last year. I haven’t regretted it for a minute. I expect many other business owners to follow in my footsteps.

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It’s Election Day

No matter if you support Republican Mitt Romney, Democrat Barack Obama, or someone else, today is election day. Make sure your voice is heard and vote.

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Bad News for German Poker Players

Is poker a game of skill or chance? Personally, I believe it is a skill game where there is an element of chance. For German poker players, this is more than an interesting debate; it’s a vital question that impacts their taxes.

German tax law is such that games of chance (e.g. roulette) are not taxed for players. If you are German and hit a lucky jackpot on a slot machine, you won’t owe German income tax. However, games of skill for professionals are taxed.

As I first reported on back in August, a German court was considering this. The decision came down on Wednesday in Cologne. Eduard Scharf has been an airline pilot with Lufthansa by profession. When he’s had time off, he’s become a pretty good poker player; he has won over $1.2 million, including two World Series of Poker bracelets. Mr. Scharf apparently didn’t include his poker winnings on his tax return. The German Tax Office stated he was a professional and needed to include the income on his return.

The 12th Senate Finance Court of Cologne agreed with the tax office that skill predominates over luck. That’s what most poker players believe, but it’s bad news for German players. While it appears that Mr. Scharf is appealing to the Federal Finance Court in Munich, the days of tax-free play in Germany appear numbered. The German articles I read note that other tax cases are pending.

Summary of Story in English
Newspaper Reports in German: Spiegel Online, WDR

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The Real Winner of the 2012 World Series of Poker

Nine individuals came to Las Vegas early this week to compete for the championship at the World Series of Poker (WSOP). Who would be the lucky winner? And who really got to keep the money?

This year’s World Series of Poker concluded earlier this morning at the Rio Hotel and Casino in Las Vegas. The winner of the main event won $8,531,853…but that was before taxes.

Congratulations to Gregory Merson of Laurel, Maryland. He beat Jesse Sylvia in the longest final table in WSOP main event history. The three-handed play lasted 11 hours. In the end, Mr. Merson’s king-five beat Mr. Sylvia’s queen-jack for the title.

Mr. Merson had tremendous success at the WSOP this summer. He also won the $10,000 buy-in six-max no-limit hold’em event (there are a maximum of six players at each table throughout the event). Most poker professionals consider that event to be one of the toughest (if not the toughest event) of the WSOP. He earned $1,136,197 for his earlier victory. Mr. Merson won “Player of the Year” honors at the WSOP.

For his win in the main event, Mr. Merson earned $8,531,853. He’ll owe self-employment tax ($247,424), state income tax to Maryland ($469,252), and federal income tax ($2,976,850), for a total tax bite of $3,693,526. He’ll actually get to keep $4,838,327 (he’ll lose an estimated 43% of his winnings to taxes).

Finishing second was Jesse Sylvia, a professional poker player from Las Vegas. Mr. Sylvia earned $5,295,149 for his second place finish. Mr. Sylvia doesn’t have to worry about state income taxes (Nevada does not have a state income tax). He will owe an estimated $1,967,176 to the IRS (a 37% tax rate).

Jake Balsiger, a student at Arizona State University in Tempe, finished third. Mr. Balsiger was hoping just to place “in the money” in the event. He did far more than that. He entered the final table in eighth place and played quite well to finish in third. I imagine the $2,379,932 he won will make him quite popular at ASU. As an amateur gambler, he won’t owe self-employment tax; however, he will have to pay Arizona state income tax. Overall, he’ll lose an estimated $1,419,141 to taxes (37%).

Finishing fourth was Russell Thomas of Hartford, Connecticut. Mr. Thomas, an actuary, earned $2,851,537 before taxes. Between federal and Connecticut income taxes he’ll lose and estimated $1,093,363 (38%) of his winnings.

Jeremy Ausmus, a professional poker player from Las Vegas, finished fifth. Mr. Ausmus started the final table with the fewest chips but was able to move up four spots, earning $2,155,313. Mr. Ausmus was the only married participant at the final table; in fact, his wife had just given birth a month ago to their second child. As a professional poker player, he does owe self-employment tax on his winnings; he’ll also owe federal income tax. He’ll lose an estimated $785,552 (36%) to taxes.

Finishing sixth was Andras Koroknai of Debrecen, Hungary. Mr. Koroknai was the only non-American at this year’s final table. Mr. Koroknai likely gave thanks to the diplomats and politicians of Hungary. The US-Hungary Tax Treaty exempts gambling winnings from withholding. Additionally, Hungary currently doesn’t tax gambling winnings. Thus, Mr. Koroknai will keep all of his $1,640,902 of winnings.

Michael Esposito, a commodities broker from Seaford, New York finished in seventh place. He only plays poker “a couple of times a year.” His winnings of $1,258,040 should allow him to play more often if he wants to. He will have to pay federal and state income tax; I estimate he’ll owe $418,179 in taxes (33%).

Robert Salaburu of San Antonio, Texas was the eighth place finisher. Mr. Salaburu is a professional poker player and earned $971,360 before taxes. Texas, like Nevada, doesn’t have a state income tax; thus, Mr. Salaburu will only owe federal income tax and self-employment tax. I estimate he’ll lose $349,204 to taxes (36%).

Steve Gee of Sacramento, California finished in ninth place. Mr. Gee is also a professional poker player. As a Californian, he will owe state income tax along with self-employment tax and federal income tax. Because of California’s high tax structure, he has the second-highest burden in tax (by percentage) of the final table participants. I estimated he’ll lose $302,255 in taxes (40%).

Here’s a table summarizing the tax bite:

Amount won at Final Table $27,258,025
Tax to IRS $9,061,296
Tax to Comptroller of Maryland $469,252
Tax to Connecticut Dept. of Revenue Services $178,375
Tax to Arizona Dept. of Revenue $171,383
Tax to New York Dept. of Taxation & Finance $97,169
Tax to California Franchise Tax Board $50,521
Total Taxes $10,028,396

That’s a total tax bite of 36.79%.

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

Winner Before-Tax Prize After-Tax Prize
1. Gregory Merson $8,531,853 $4,838,327
2. Jesse Sylvia $5,295,149 $3,327,973
3. Jake Balsiger $3,799,073 $2,379,932
4. Russell Thomas $2,851,537 $1,758,174
6. Andras Koroknai $1,640,902 $1,640,902
5. Jeremy Ausmus $2,155,313 $1,369,761
7. Michael Esposito $1,258,040 $839,861
8. Robert Salaburu $971,360 $622,156
9. Steve Gee $754,798 $452,543
Totals $27,258,025 $17,229,629

While Andras Koroknai finished in sixth place, thanks to not owing taxes on his winnings he effectively finished in fifth place. It’s always nice when your after-tax income equals your before-tax income.

Yet there really was a different winner this year: the Internal Revenue Service. The IRS will get an estimated $9,061,296 in tax from the final table. That’s more than the first place money of $8,531,853. It’s nearly double the after-tax winnings of the first place finisher! While I can’t envision the crowd at the Penn & Teller Theater at the Rio Hotel cheering for the IRS, it was the IRS that was the big winner this morning. That’s because the house always wins.

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New York Extends Tax Deadlines Because of Sandy; Expect the IRS, New Jersey, Pennsylvania and Others to Follow

The New York State Department of Taxation and Finance announced that they have extended all tax deadlines falling from October 26 to November 14 to November 14th because of Hurricane Sandy. I expect similar actions to be taken by the IRS, New Jersey, Pennsylvania and other impacted areas.

The New York extension directly effects MCTMT tax returns on extension that would be due on October 31st; those are now due on November 14th. Also, third quarter MCTMT estimated payments for 2012 are now due on November 14th. This will likely also impact payroll tax filings.

Posted in IRS, New Jersey, New York, Pennsylvania | Tagged | 1 Comment

Bennett Gets 15 Months

Michael Bennett, a former NFL player with the Minnesota Vikings and Oakland Raiders, received 15 months at ClubFed last week. Mr. Bennett got involved with a fraud scheme that was tangential to an identity theft/tax refund scheme.

Mr. Bennett went to a check cashing store–a sting operation set up by the FBI–and asked for a loan showing $9 million of collateral in a bank account with UBS. The account was actually empty, and that’s fraud. Mr. Bennett pleaded guilty to that; as his attorney correctly told the Associated Press, Mr. Bennett, “had nothing to do with cashing fraudulent tax checks, nor was he charged with such.” The other defendants in the case (as noted when I first wrote about this story) are charged with those offenses.

Unfortunately for Mr. Bennett, he’ll still get to enjoy ClubFed for fifteen months.

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Woman Paid for Stealing Identities

Angeline Austin of Troy, Alabama worked for Southern Records Management. She was assigned by her employer to Troy Hospital. Ms. Austin felt the need for additional income. Unlike most of us who would actually obtain a second job, Ms. Austin made money the new-fashioned way: She committed a crime.

Ms. Austin’s work at Troy Hospital gave her access to patient records, including names, addresses, and social security numbers. She sold over 800 of those identities; they were subsequently used on tax returns claiming refunds, with the proceeds making their way to a co-conspirator. As the news story notes, “Austin pleaded guilty to one count of conspiring to defraud the government regarding claims, one count of fraud in connection with identification documents, one count of fraud with computers and one count of aggravated identity theft.”

Unfortunately, identity theft leads to easy money for criminals. The IRS and other government agencies are being purely reactive at this point. Hopefully the IRS will consider some logical methods that would put a crimp in this growing crime.

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California Dreamin’

Democratic Governor Jerry Brown of California is dreaming of a tax increase. Voters in California apparently aren’t sharing the same dreams; perhaps they see the current economic climate and wonder, ‘If we have to make do with our current earnings, why shouldn’t you [the government]?’

A new poll shows Proposition 30, Governor Brown’s tax increase measure, ahead 48% to 44%. As this San Jose Mercury-News article points out, tax measures usually need more than 50% support to pass as voters are skeptical regarding taxes.

Meanwhile, the Los Angeles Times runs an article noting, “Taxes won’t make the rich leave California,” citing a liberal think-tank study. To the Times’ credit, they do note that another study came to the opposite conclusion. I’ll add that tax data supports the conclusion that people are leaving California. And it’s certain the reason they’re leaving has nothing to do with the beautiful climate (weather), so perhaps the high taxes and regulations do have an impact.

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Nevada Business Tax Initiative Ruled Invalid

Judge James Wilson in Carson City ruled that a proposed tax increase initiative authored by Nevada teachers is invalid. Judge Wilson ruled that the description of the initiative was deceptive and misleading.

Nevada tax ballot measures work differently than in most other states. If enough signatures are gathered on the initiative, then the measure is submitted to the next session of the state legislature. Nevada’s legislature meets every-other-year (in odd-numbered years), so a petition that gets submitted in 2013 won’t actually get in front of the legislature until 2015.

The legislature then must consider the measure. If the legislature agrees to it, then it becomes law. If not, it then is submitted to a vote of the people in the next regular election (held on even-numbered years). So a petition that is submitted in 2013 won’t get voted on until 2016. But I digress….

The ballot measure would have imposed a margin tax on businesses in the Silver State. Needless to say, large businesses weren’t happy with the idea and opposed the measure. A legal effort was mounted charging that the description of the initiative was misleading so it can’t be submitted to the legislature. This is the second time the initiative’s language was ruled to be misleading.

While the ruling can be appealed, this effectively means that the earliest the legislature would consider such a tax is 2016.

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