IRS Upgrade This Weekend; Many Services Unavaiable Until Tuesday

Every year over Labor Day weekend the IRS upgrades their computer and electrical systems. Beginning later this evening, the IRS will be taking systems down. Here’s a partial list of what will be going down:

– The ability to apply online for an EIN will be down from early Thursday morning until Tuesday at 12 noon EDT.
– The main IRS toll free numbers will have limited service available on Thursday and Friday until 4pm EDT. The numbers will then be down until Tuesday at 12 noon EDT.
– CP2000 Notice information will be available during the hours as listed on the notice.
– IRS Taxpayer Assistance Centers will be open during their normal hours, but cannot take cash payments.
– EFTPS will be up, but payments will not be processed until IRS systems are restored on Tuesday. However, your payments will be noted as of the day you post the payment on EFTPS.

A complete list of what will be available during the outage is available here.

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Math Is Hard

Here’s a math question: What’s 15 +13? It’s 28, of course. Unfortunately, the Santa Clara Valley Water District (near San Jose, California) didn’t check their work. They added 15 years to 2013 and got 2029, not 2028. Oops. It’s a big problem because that’s what was written in a parcel tax proposal that’s on the November ballot.

The ballot proposal is now invalid, and the deadline for making changes on ballot proposals was two weeks ago. Now the water district must file a lawsuit and hope the judge allows a change to the measure. And it’s the second error with this ballot measure–a two-word clerical error was fixed a few weeks ago.

If approved–and that’s if it appears on the ballot–the proposal would add a $54 tax to each parcel within the water district.

Posted in California, Legislation | Comments Off on Math Is Hard

Illinois Casino Expansion Bill Vetoed

Governor Pat Quinn (D) vetoed a casino expansion bill that would have added five casinos, including one in Chicago. His veto message stated that the biggest problem with the bill, “[I]s the absence of strict ethical standards and comprehensive regulatory oversight. Illinois should never settle for a gaming bill that includes loopholes for mobsters.” Governor Quinn promised a veto of a similar bill in 2011; that bill did not pass the Illinois legislature.

Illinois is still facing a massive budget deficit (the state is months behind in paying its bills), so casinos were one of the means that some legislators were looking at for balancing the budget.

An override in Illinois takes a 3/5 vote of both houses of the state legislature. There will be a lame duck session of the Illinois legislature following the November election.

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Ohio Gamblers: Don’t Forget Your City Income Tax

Ohio has (or will soon have) four casinos: one in each of Cincinnati, Cleveland, Columbus, and Toledo. The good news for Ohio gamblers is that beginning in 2013 Ohioans can deduct gambling losses on their state income taxes. The bad news is that you had better include those gambling earnings in your city income tax.

Columbus became the last of the four cities to expressly include gambling winnings in their city income tax. Ohio city income taxes do not allow a deduction for gambling losses, so these taxes all function as gross income taxes. And the tax rates aren’t small: Cincinnati is 2.1%, Cleveland is 2%, Columbus is 2.5%, and Toledo is 2.25%. I’m certain that slot winnings of $1,200 or more will now be on a W-2G with city income tax withheld.

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A Story of Identity Theft; Why Is the Death Master File Still Available?

My father died almost six years ago. It’s something that’s inevitable for all of us. My mother was lucky in one respect: No one stole my father’s identity at death. Unfortunately, such identity thefts are becoming far more common.

Jason Dinesen, an Enrolled Agent in Iowa, ran a seven-part story in his blog relating the identity theft of a young widow’s late husband. He has four conclusions (all of which are valid imho). I’m going to focus on the last one:

Congress needs to do something to fix the problem with the Death Master File. It’s ridiculous that the government publishes something that is such a goldmine for identity theft.

I’ll add another story of identity theft. My partner’s stepfather passed away last January. When we filed his 2010 tax return we discovered that he was a victim of identity theft. Someone from Tampa, Florida (hundreds of miles away from where the stepfather lived) filed a tax return using his name and social security number. We both asked ourselves how in the world did a Tampa resident get the name and social security number? There were absolutely no connections between the stepfather and Florida. We both thought that the most likely means was the Death Master File.

So you’re asking, what is the Death Master File? Well, you can find it on the Internet.
While a single search costs about $10, you can search 1 million names for $12,000. If I’m a crook and I want to do some identity theft, I don’t need that many names. I could just do 5,000 for only $1,500. If each of my 5,000 phony tax returns nets me $1,500, I’ll have a very nice rate of return.

Mind you, I can see that there are legitimate purposes for the Death Master File. When I initially became an IRS e-service provider I went through a background check. At a minimum, such checks should be required for subscribers to the Death Master File.

Identity theft is a growing crime. To have the government assisting in the crime is horrible. Yet that’s exactly what’s happening today.

Posted in IRS | Tagged , , | 2 Comments

MTA (MCTMT) Tax Ruled Unconstitutional; Appeal Certain

I prepare a number of New York tax returns for self-employed individuals. One of the more annoying tax returns is the Metropolitan Commuter Transportation Mobility Tax in the New York City metropolitan area. It’s not a large tax by any means, but it is additional paperwork that must be filed by my New York clients. However, that may be a thing of the past. The MCTMT represents about 15% of the revenue of the Metropolitan Transportation Authority (MTA).

This week a New York state court judge ruled that tax unconstitutional. “The bill [authorizing the tax] is unconstitutional because it appropriates public monies for a local purpose…And that it is unconstitutional for imposing liability onto political subdivisions for the debt of a public corporation.” The court also found that the MTA must be self-sustaining.

There have been four previous lawsuits alleging that the MCTMT was unconstitutional. All of those failed. It will likely be many months before the ultimate fate of this lawsuit is known.

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German Court to Decide Whether Poker Is Taxable for a Professional

In 2011, Pius Heinz of Germany won the main event of the World Series of Poker and a nice tax-free $8,715,638. Well, maybe it’s not tax-free.

Via @Taxdood and @Taxnews1 comes word that a German court in Cologne will be hearing the appeal of a former professional poker player. The German tax agencies are claiming that the player was in a “commercial activity” and thus owes taxes on the approximately $1 million that this player won. The news story alludes to other German professional poker players receiving tax notices so the verdict in the test case will matter.

As Taxdood noted, “Ironically, in order to prevail the taxpayer must demonstrate success in poker relies mainly on luck, not skill.” Hopefully for German poker players the German court will not see the recent court ruling in New York that found poker to be a game dominated by skill, not luck.

Current German tax rates range are 14% (€8,005 – €52,881), 42% (€52,882 – €250,730), and 45% (€250,731 or greater). If Mr. Heinz owes tax on his winnings that would shave €2,993,502 off his winnings (he would have netted about €3,710,835, or $4,824,085). That’s not bad, but clearly $8.7 million is better.

I’ll report on the decision when it’s announced.

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Sheer Stupdity in the Bronze State

Sometimes I read a story and wonder if I’m reading actual news or something from The Onion. Such was the case this morning when I looked at an op-ed in the Wall Street Journal/ on Democrats’ plan to mandate a state retirement plan for private industry. [Pay link to WSJ] Here’s an excerpt that gets at the gist of the story:

The legislation would require employers that don’t already sponsor retirement plans to enroll their workers in state-administered “individual retirement accounts,” but they are really defined-benefit pensions in disguise. Democrats are calling a spade a club in order to skirt the federal Employee Retirement Income Security Act (Erisa), which imposes fiduciary obligations on private employers that sponsor defined-benefit plans. Trouble is, the retirement plan Democrats have conceived has all the trappings of a cash balance account, a breed of defined benefit that guarantees workers a return on their investments.

Do the Democrats in Sacramento really want to drive more employers out of the state? Sure, they can argue that this doesn’t have a direct impact on employers (it will be a mandatory withholding on employees), but that’s just rubbish. It will reduce employees’ take-home pay, create another bureaucracy in Sacramento, and adds another pension plan where the state will be forced to guarantee returns. And that’s before the possible constitutional question of whether ERISA (the federal law on pensions) would make this unconstitutional.

Meanwhile, Democrats in Sacramento are pushing tax increases. The proposal noted above shows that Democrats in the Bronze Golden State still aren’t serious about restoring fiscal sanity in Sacramento

Posted in California | 1 Comment

Not Only Were the Employees Outsourced, The Taxes Went Away, Too

From San Antonio comes word of a company that allegedly took care of small businesses’ taxes in a way that’s, well, arresting. John Bean apparently owned a professional employer organization named “Synergy Personnel.” Most PEOs become the actual employer and, for a fee, they relieve a small business of the duties of personnel including the payment of taxes. Mr. Bean’s company allegedly had a unique and (if proven) very illegal method of dealing with those taxes: They didn’t. The FBI and IRS allege that Mr. Bean’s company kept the money for taxes and workers’ compensation insurance.

Mr. Bean’s company–or should I say companies? Not only is Synergy Personnel allegedly involved in this $110 million tax fraud, but there’s a list of 14 other companies that the FBI and IRS allege are involved. To date, two other individuals who were involved in these entities have pleaded guilty and are cooperating in the investigation.

Mr. Bean was arrested yesterday and is being held in lieu of $100,000 bail. He’s looking at a very lengthy term at ClubFed if found guilty of the charges.

This again brings up the point that employers who use outside payroll companies absolutely need to check to make sure the payroll deposits are being made (you can do this on EFTPS). It’s possible that employers in this case will be far luckier than others. In the usual PEO arrangement, the PEO becomes the employer of record. Assuming that’s the case, that could absolve the ’employers’ of tax liability.

Posted in Tax Fraud | 1 Comment

Shock! Moody’s Reviewing California Municipal Finances

In what is not shocking to me but is apparently shocking to Democrats in Sacramento, Moody’s announced it will be performing a comprehensive review of California municipal finances. So far this year three California cities have declared bankruptcy: Stockton, Mammoth Lakes, and San Bernardino. Many other cities appear to me to have financial difficulties.

The AP story notes that both the California League of Cities and the state treasurer’s office think the story is overblown. I don’t think it is. The underlying problems facing California are two: ridiculously large pensions and spending that has continued to increase while revenue to the state (and local jurisdictions within the state) have not. Unlike the federal government, states and cities can’t print money.

To me, the idea of California spending as much as $100 billion on a train to nowhere is symptomatic of the culture in Sacramento and locally. A story I’ve noted before is on the rather prosaic business of rubbish. When I lived in Irvine, it cost me about $36 a quarter for trash pickup. I had three trash bins: waste, recycling, and green (lawn) waste. My mother resides within the city of Los Angeles; she pays about $36 a month for the same three bins. We both received weekly trash pickup. The one difference? Irvine outsources trash collection; Los Angeles’ trash collection is done by unionized city employees.

Victor Davis Hanson’s piece on California should be read for a better understanding of the Bronze Golden State. He notes an estimated 2,000 upper income Californians are leaving the state each week. California needs to look inward to fix its problems. Unfortunately, I think California will need to hit bottom before doing so.

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