It’s Official: Cellphones Mostly Nontaxable to Employees

In the wonderful world of fixed assets, there are some assets that are more fixed than others. No, I’m not talking about huge machines; rather, I’m talking about listed equipment. These are items that Congress has decided must always be delineated on tax returns. Paperwork requirements are stricter for listed equipment. Cellphones were listed equipment.

Back in 2009, the IRS attempted to enforce the law. This meant that if Acme, Inc. gave Joe Employee a cellphone, Joe’s personal use was income, taxed just like the personal use of an automobile. The public wasn’t happy, and Congress included a repeal of cellphones being listed equipment in a law passed in 2010.

Yesterday, the IRS finally issued guidelines that state that if an employer provides an employee a cellular phone for “noncompensatory business purposes” (that is, to do work), it will be an “excludible” (from income) fringe benefit.

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Third Quarter Estimated Tax Payments Due Today

Third quarter estimated tax payments are due on September 15th. If you make estimated tax payments, make sure you have either mailed your payment in today (using certified mail, return receipt requested) or by paying electronically using EFTPS or your state’s electronic payment system.

A reminder that most Californians who make estimated payments do not have to make a state estimated payment today. California switched to a 30% – 40% – 0% -30% scheme for estimated payments. The third quarter payment is 0%. However, if you use the annualized income method (that is, you make estimated payments based on your year-to-date income), you may need to make a payment.

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Calendar Year Corporation, Partnership, and Fiduciary Returns Due on the 15th

September 15th is the first of the extension deadlines: Today, calendar year corporation, partnership, and fiduciary tax returns are due. Make sure you mail them today (use certified mail, return receipt requested) or electronically file the returns.

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Eight Days a Month Not Enough

As I’ve said in the past, there are several states where being an amateur gambler is not a great thing. Wisconsin is one of those states. Yet another amateur gambler found that out the hard way.

Carol Kubsch reported $473,075 of gambling winnings and losses as an amateur, and discovered that on her Wisconsin tax return that led to $30,000 of taxes on phantom income. So she amended her returns, and tried to be considered a professional. As Taxdood reported, that didn’t work out well: “Unfortunately, a taxpayer can’t simply categorize oneself the type of gambler that produces the lesser tax bill. The professional versus amateur gambler status is a facts and circumstances determination.”

She might have gotten away with this if she hadn’t filed amended returns. Every amended return is looked at by a human.

Taxdood has more.

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Tax Increase to Pay for Tax Cuts? Yeah, That’s Gonna Fly…

President Obama released his jobs bill on Monday. You needn’t read it; it has no chance of passing the House.

Back in July, President Obama stated he’s all for compromising.

Either way, I’ve told leaders of both parties that they must come up with a fair compromise in the next few days that can pass both houses of Congress -– and a compromise that I can sign. I’m confident we can reach this compromise. Despite our disagreements, Republican leaders and I have found common ground before.

Well, it’s election time so who needs compromise? Apparently, not President Obama:

Obama’s top political adviser David Axelrod said Tuesday that the administration was unwilling to break up the president’s $447 billion jobs plan if Republicans were only receptive to passing certain elements.

“We’re not in a negotiation to break up the package. It’s not an a la carte menu. It’s a strategy to get this country moving,” Axelrod said Tuesday on ABC’s “Good Morning America.”

Meanwhile, how is this package (which won’t pass) be paid for? Tax increases! From Roth Tax Updates,

The President has released the tax increases he wants to see as part of his “jobs” bill. They should be familiar, because he keeps proposing them:

– Taxing partnership carried interests as ordinary income

– Repeal bonus depreciation on private jets

– Take away some deductions from the oil industry — including some that are allowed to all taxpayers otherwise, like the Sec. 199 manufacturing deduction

– Cap the tax benefit of itemized deductions at 28%

In the end, this is all irrelevant. The package isn’t going to pass. The House will take what’s been proposed and will put a few things out, a la carte. The Senate will ignore it, and nothing will happen. And if the package should somehow survive the House (which it won’t), the tax increases won’t.

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2010 Estate Tax Returns Now Due Later

As I continue to wait for the IRS to release Form 8939, the IRS continues to postpone deadlines:

WASHINGTON — The Internal Revenue Service announced today that large estates of people who died in 2010 will have until early next year to file various required returns and pay any estate taxes due. In addition, the IRS is providing penalty relief to certain beneficiaries of these estates on their 2010 federal income tax returns.

This relief is designed to give large estates, normally those over $5 million, more time to comply with key tax law changes enacted late last year. Revised versions of the estate tax forms are now available on IRS.gov, and the carryover basis form will be released this fall.

The IRS is providing the following relief:

  • Large estates, opting out of the estate tax, now will have until Tuesday, Jan. 17, 2012, to file Form 8939. This special carryover basis form, required of estates making this choice, was previously due on Nov. 15, 2011. Because this is a change in the specified due date rather than an extension, no statement or form needs to be filed with the IRS to have this new due date apply.
  • 2010 estates that request an extension on Form 4768 will have until March 2012 to file their estate tax returns and pay any estate tax due. Normally, a six-month filing extension is automatically granted to estates filing this form, but extensions of time to pay are granted only for good cause. As a result, most 2010 estates that timely file Form 4768 will have until Monday, March 19, 2012 to file Form 706 or Form 706-NA. For estates of those dying late in 2010 (after Dec. 16, 2010 and before Jan. 1, 2011), the due date is 15 months after the date of death. No late-filing or late-payment penalties will be due, though interest still will be charged on any estate tax paid after the original due date.

 I have one Form 8939 to complete…and as I tell my clients, we’re in hurry up and wait mode. Or as my niece says, “Soon…maybe.”

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Dear John, er, California

Back when California passed the Amazon tax, I noted:

Additionally, it’s likely that large affiliates may relocate out of California to another state so that they can maintain their status. That will exacerbate the hit to California.

Well, while the California legislature and Amazon have struck a deal, other California companies are acting.

Savings.com CEO Thomas Swalla told SoCal Tech (right after the Amazon tax passed) that it would likely take them 60 days to evaluate the new law. Well, they’ve done so:

Dear California,

We’re terribly sorry to have to do this but we’re no longer a good match for each other. And trust us when we say it’s you, not us…we just can’t afford you anymore.

Ever since you and your new BFF–the Affiliate Nexus Tax–started hanging out, people just don’t want to do as much business with us anymore.

It’s unclear where Savings.com will end up; in the SoCal Tech article, their CEO speculated on moving to nearby Nevada. No matter, there will be 400 individuals not paying taxes to California, and one business entity not paying taxes to the state. Given that each paying job supports other jobs of other companies, this is a much bigger deal than you might realize.

Still, Democrats seem to have blinders on. Governor Brown still wants to pass tax increases (I kid you not). It’s time for California to cut taxes and regulations, or the state that was an entrepreneur’s haven in the last century will become a desert for entrepreneurs in this century.

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The TaxSlayer.com Bowl?

I enjoy college football. Today, my school won a thrilling game in overtime.

Way back when, there were only a few college bowl games. And their names were simple: Rose, Sugar, Cotton, and Orange. The second tier games also had simple names: Blue-Bonnet, Fiesta, Peach, and Gator. Now, we’re treated to the [name your favorite sponsor]’s bowl. Well, TaxSlayer.com will now be the official sponsor of the Gator Bowl for the next three years.

TaxSlayer.com is what you’d expect from the name: income tax software. A partnership between a tax firm and a college bowl makes some sense; after all, income tax season follows the new year.

So on January 2nd, you and I will enjoy the TaxSlayer.com Gator Bowl in Jacksonville.

Hat Tip: Don’t Mess With Taxes

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California Collections Improve in August

California revenues slightly surpassed budgeted amounts in August. Revenues were ahead of plan by $134.9 million. For the 2011-2012 fiscal year, revenues remain $403.8 million below estimates.

The good news, though is just slight. The budget counted on $4 billion of revenues that would magically appear. The chance of that happening is slight. Far more likely will be a revenue shortfall when the year is over.

Still, California politicians and state bureaucrats will take any good news. Now, if they could only use alchemy to make money….

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Amazon and California Legislators Strike a Deal

Yesterday, Amazon.com and key California legislative leaders of both parties struck a deal. Assuming this deal passes the state legislature and is signed by Governor Brown, Amazon.com will begin collecting sales tax in California on September 12, 2012. However, if Congress were to pass a national law dealing with Internet retailers, that law would supersede this legislation.

Amazon has been trying to get a referendum qualified on the California ballot. That measure would put the new “Amazon Tax” up to a vote of the people (probably on the March/June presidential primary); if the referendum were to pass, the Amazon Tax would be a thing of the past.

From Amazon’s view, this measure gives them a year to operate without any legal worries, and a year to lobby Congress to pass a national measure. (Given that next year is a presidential election year, I’m not hopeful of anything substantive passing Congress.) For key Democrats, this deal gives the likely certainty of future revenues versus the strong possibility of the Amazon Tax heading into history via a probable referendum.

That said, Governor Brown has not stated his position on the measure. Should he veto the measure, it’s likely the referendum would move forward.

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