IRS Announces New Procedure on RRSPs; Jaywalkers Apparently No Longer Subject to Firing Squad

The IRS announced yesterday a new procedure to deal with “low compliance risk” taxpayers who have innocently not filed FBARs or tax returns noting their RRSPs (a Canadian retirement account similar to a 401(k) or IRA). While the full details have not been released (the plan will go into effect on September 1st), it appears that the IRS has heard the complaints from tax professionals and others regarding the “one size fits all” voluntary disclosure plan.

Of course, the devil is in the details but they look reasonable at this point:
– Taxpayers will need to submit delinquent tax return for the last three years;
– Taxpayers will need to submit delinquent FBARs for the last six years; and
– Pay any tax and interest due with the submission.

Note that to qualify for the plan your unpaid taxes will need to be less than $1,500 per year.

Once the full details are announced (probably in late August) I’ll report on them.

More: Roth Tax Updates, Janet Novack

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Can Online Gambling Help Solve State Debt Woes?

That’s the question this FoxBusiness report asks. (I am quoted in the story.) Of course, convincing politicians that enacting something that the public actually wants and that brings in tax revenues that the public wants to pay should be a no-brainer.

Yet in the recent California legislative session the state could not enact legislation. Nevada has already licensed two online poker sites (play is likely to begin in early 2013). Other states are almost certain to follow. The big question is will federal legislation be enacted. The odds are against it, but something could happen in the Lame Duck session following the November elections.

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Stockton Likely to File Chapter 9 Bankruptcy This Week

I used to work in Stockton, California. It’s a city east of the San Francisco Bay Area in central California. It’s in the San Joaquin Valley, and in recent years grew into a bedroom community for the Bay Area. And therein lies the problem.

When cities grow, planners have a bad tendency to think the growth will continue forever. It didn’t. Add in California’s ridiculous pension scheme and you have a recipe for disaster. It’s likely that Stockton will file Chapter 9 bankruptcy later this week.

And it’s not just Stockton that’s in deep financial trouble. Los Angeles is in very poor financial shape. When I lived in Irvine I paid $36 a quarter for trash pickup; my mother pays $36 a month within Los Angeles. The difference is the generous pay and pensions provided to public employees within the City of Angels. The money to support such pay no longer exists, and the day of reckoning is approaching for municipalities throughout the Bronze Golden State.

Will the Democrats who run the largest cities in California (and the legislature) realize you can’t spend money you don’t have? Based on the last ten years, probably not.

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49ers Sacked by Santa Clara County

The San Francisco 49ers want a new stadium instead of playing at Candlestick Park. And in 2010 voters in Santa Clara approved the financing of a stadium. However, a monkey wrench was thrown into the plans last week when Santa Clara County eliminated $30 million in funding for the stadium. The funding for the stadium included $40 million from redevelopment agencies; the total cost of the stadium is estimated at $1.2 billion. The $30 million is from property taxes out of redevelopment zones.

City of Santa Clara officials claim the vote was done in spite of public notice laws. The only certainty is that lawsuits are sure to follow.

Posted in California, Property Taxes | Tagged | 1 Comment

Charging Money for Canadians to Commit US Tax Fraud Doesn’t Work Well

Have I got a deal for you! Did you know that even if you have never submitted a tax return in the US that you can get a refund? Yes, thanks to the magical (and mythical) bank account sitting at the Department of the Treasury you can get a tax refund through Form 1099-OID!

The above statement is completely false, of course. There is no “bank account” (or any other account) sitting at the Department of the Treasury in your name. It doesn’t exist. If you try to obtain a tax refund in this manner, it’s frivolous and will get yourself in trouble.

Of course, where most don’t go some deliberately head. From Seattle comes a report on Ronald Brekke, of Orange County, California. Mr. Brekke “aided” nearly 1,000 individuals in three countries in attempting to obtain $763 million in tax refunds. Mr. Brekke’s scheme came to light in 2010 when two Canadians were arrested in Bellingham, Washington after trying to cash tax refund checks for over $350,000. Most of his clients were Canadians.

Mr. Brekke had public seminars on his methods. He helpfully (to the FBI and prosecutors) let individuals know that, according to this Department of Justice release, “…some of the filings would slip through resulting in a big payout for some of the filers.” Mr. Brekke had been earlier warned by the IRS and the FBI that was he was doing was illegal.

But that didn’t stop him. He continued to sell his scheme, and even after his conviction in March filed liens against the Court and and IRS employee. As the judge who sentenced him stated, he can either “[tilt] at windmills [and] squander his remaining time on earth” or understand that laws are, “rules that citizens of this country have made.” He’ll have 12 years to think about that at ClubFed. He’s also $291,064 poorer, as that was seized from his PayPal account and forfeited. Given his actions since March, I suspect I’ll be able to write about Mr. Brekke again in 13 years.

Posted in Tax Fraud | 1 Comment

California Cigarette Tax Voted Down

Proposition 29 on the June ballot in California would have increased cigarette taxes in the state by $1 per pack. On Friday, supporters officially threw in the towel and conceded defeat. Though there are 110,000 votes still to be counted, the measure trails by 28,000 votes and passage appears mathematically impossible.

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Indians Win One Against New York

No, it’s not the Cleveland Indians beating the Yankees; rather, the St. Regis Mohawk Tribe beat the New York Tax Department. After the New York cigarette tax on name-brand cigarettes sold on Indian lands some tribes decided to make their own cigarettes. The Mohawk tribe sold some of their cigarettes to a Nebraska tribe; New York seized the cigarettes because they didn’t pay the tax. A New York judge ruled that the state couldn’t do that.

Taxdood has more.

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FBAR Due Next Saturday, June 30th

Anyone with $10,000 in one or more foreign financial accounts (determined by taking the maximum balance of each account at any time during the year, summing the maximums, and comparing the sum to $10,000) must file Form TD F 90-22.1 (the FBAR). The form must be received on or before June 30th, so that means you need to take care of this now if this reporting requirement applies to you. There are no extensions available for the FBAR.

You can file the FBAR electronically; you start by registering here.

There are very large penalties for not filing an FBAR when you are required to do so. If you need to file an FBAR, this needs to be on your to-do list now, not later.

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Corruption Alleged at Canada Revenue Agency

There may be some shenanigans happening north of the border. Canada’s Globe and Mail reports that the Royal Canadian Mounted Police are investigating officials at Canada Revenue Agency over a a $1 Million alleged kickback scheme. The allegations revolve around an accountant whose firms received a $10 million tax bill. CRA officials told the accountant that for just $1 million (and later, for $300,000) they could make the problem vanish.

The problems appear to be centered in Quebec, and involve the accounting, construction, and restaurant industries.

“The accused allegedly attempted to extort money from restaurant owners in exchange for lower income tax assessments,” the RCMP said in a news release…

“The RCMP investigation into these allegations of corruption within the Canada Revenue Agency was initiated in 2008 and is still ongoing,” the RCMP said. “More charges could be laid in this matter.”

This isn’t the first case of corruption within the CRA. Back in 2009 two CRA auditors were found to share a $1.7 Million bank account in the Bahamas with the owner of a Quebec construction firm.

HatTip: @GamingCounsel

Posted in Canada | Tagged | 1 Comment

Tribal Casino in Michigan Might be Illegal

Back in 1999, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (thankfully, they are also known as the Gun Lake Tribe–a much easier mouthful to pronounce) were recognized as an Indian tribe. They asked the Secretary of Interior to acquire property to build a casino near Gun Lake in Wayland Township, Michigan.

But there was a thorn in the side of the proposed casino: David Patchak sued claiming that because the Gun Lake Tribe didn’t legally exist in 1934 the land for the casino couldn’t be acquired. A district court in Michigan threw the case out. However, the Federal Circuit reversed, and the case went up to the US Supreme Court. The Supreme Court ruled that the Gun Lake Tribe and the US government (the Secretary of the Interior) are wrong, and that the case can go to trial.

This does not mean that Mr. Patchak’s claim will win out and the casino (which is now open) will close tomorrow. Rather, it means that Mr. Patchak’s lawsuit will be heard sometime in the future and depending on the outcome of that lawsuit the casino might be forced to close.

If you are at all interested in Supreme Court decisions, this case is eminently readable. In one week we should learn about the fate of the Affordable Care Act (when the Supreme Court rules on it–aka ObamaCare). This case was decided 8-1 and will likely seem arcane in comparison to that decision.

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