California Sales and Income Tax Rates Decrease Tomorrow

As part of one of California’s bad budget deals, sales and income tax rates were temporarily increased by 1% and 0.25%, respectively, for two years. Despite the protests of Jerry Brown and Democrats in the California legislature, those temporary tax increases did turn out to be temporary.

Tomorrow, California sales tax rates decrease by 1%. In Orange County, this means that generally sales tax will fall from 8.75% to 7.75%.

Income tax rates will also fall; California’s top bracket (excluding the millionaire tax) will fall from 9.55% to 9.3%.

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Democrats Invent Revenue; Budget to Pass Later Today

Jerry Brown faced one reality yesterday: The votes aren’t there for extension of the temporary tax increases passed two years ago. However, he and Democratic leaders of the California legislature will be passing a budget today that will on paper close a $10 billion deficit.

Thee are $4 billion of spending cuts (some will be challenged in court). There are some fee and tax increases (some of which will likely be challenged in court) to raise another $1 billion. And there’s a projected $4 billion increase in revenues…inserted because California had $1.2 billion in higher tax collections than projected in April. Finally, there’s the usual accounting gimmicks (moving certain payments to the following fiscal year) that will result in $1 billion of “savings”.

The budget includes the Amazon tax, forcing online retailers to collect California sales tax. Amazon vows that they will immediately drop all California affiliates, so that they will not have a physical presence in the state and, thus, will not have to collect California taxes.

If one is objective about the budget, it’s quite clear that this budget will leave about a $5 billion deficit for the new fiscal year…and that’s only if the economy doesn’t get worse. I’m not seeing many signs of an economic recovery.

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Standard Mileage Rates Increase on July 1st

When a manager gets a vote of confidence in baseball, he should usually start worrying that his job is in danger. After the IRS earlier this year stated that they would not increase the mileage rates, I began to believe they would. Once again the cynics have been proven right.

The Internal Revenue Service today announced an increase in the optional standard mileage rates for the final six months of 2011. Taxpayers may use the optional standard rates to calculate the deductible costs of operating an automobile for business and other purposes.

The rate will increase to 55.5 cents a mile for all business miles driven from July 1, 2011, through Dec. 31, 2011. This is an increase of 4.5 cents from the 51 cent rate in effect for the first six months of 2011, as set forth in Revenue Procedure 2010-51.

Also increasing are medical and moving expenses from $0.19 to $0.235 per mile. The charitable deduction mileage rate, $0.14, is set in a statute so only Congress can change that.

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Myriad of Foreign Accounts Claim Two Victims

The Department of Justice press release reads like a Who’s Who of foreign tax havens. Sean and Nadia Roberts of Tehachapi, California (near Bakersfield) run the National Test Pilot School in Mojave. They’ve also pleaded guilty to one count of filing a false tax return though they admitted filing false tax returns for several years.

The Roberts had accounts on the Isle of Man, Switzerland, Hong Kong, South Africa, and New Zealand. I may have missed a country or two, too. There were nominees, and UBS aided the couple in purchasing at least one nominee. The Roberts didn’t declare the interest income they earned from the foreign accounts, and deducted transfers to foreign accounts as “interest payments.” The loss to the Treasury was $709,675. As part of the plea agreement, the Roberts will make restitution, pay an FBAR penalty of 50% of the high balance year in their foreign accounts (that amount wasn’t disclosed in the press release), and could each find themselves sentenced to ClubFed for one year.

While I have said that the IRS has, at times, looked like they’re using shotguns on jaywalkers (vis-a-vis foreign account enforcement), that’s not the case here. It appears that the Roberts were deliberately evading taxes.

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Chiang Docks the Legislature; Was Budget Just $1.86 Billion Off?

California Controller John Chiang announced today that the budget proposed by the Democrats was not balanced and that therefore he would stop paying the legislature until a balanced budget is voted on. Mr. Chiang stated, “The numbers simply did not add up.” He said the budget had $1.86 billion more in spending than in revenues.

As you can imagine, Democrats in the legislature are livid. Democrats accused him of grandstanding and playing for a higher office. There are rumors of a lawsuit (I’m sure that would go over really well with Californians).

Frankly, Democrats should realize that the budget they proposed was yet another smoke and mirrors budget. Mr. Chiang included revenues in the proposed budget that were likely unconstitutional (he assumed all of the revenues would occur). The true budget deficit was significantly greater than $1.86 billion — probably $5 billion or more.

So will Democrats finally agree to stop kicking the can down the road, or will there be yet another episode of As the Budget Churns? Being a cynic, I’m voting for the soap opera to continue. Expect a lawsuit to be filed, and nothing to happen for more weeks. The losers, of course, are California taxpayers.

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Unhappy Clients of Roni Deutch Talk to the Bee

If you want to follow the Roni Deutch case, I strongly urge you to read the coverage in the Sacramento Bee. For example, on Sunday they spoke with several unhappy clients of Ms. Deutch. For the most part it appears that these individuals received initial consultations and then…nothing.

As for the firms that still advertise and promise you that they’ll stop the IRS, and you will qualify to pay “pennies on the dollar,” remember that:

  • Only about 15% of Offers in Compromise successfully make it through the IRS;
  • It typically takes over one year for an OIC to make it through the IRS;
  • Most individuals will not qualify for an OIC; and
  • If you look at the fine print of the commercials, you will see, “Case not typical.  Your results may vary.”

Peter Pappas notes,

I am willing, however, to give Ms. Deutch the benefit of the doubt. I don’t believe that she set out to defraud her customers. I think what happened is that she let the marketing arm of the business outpace the operations arm. She simply accepted more clients than her firm could competently handle and committed the fatal mistake of continuing to accept more money and more engagements without properly ensuring that the work for which she had already been engaged was being done on a timely and competent basis.

This analysis sounds quite reasonable. Still, I feel for the individuals who contracted with Ms. Deutch’s firm expecting a service, but apparently getting nothing.

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When You Get that $110,000 Refund That’s Not Yours….

What happens when you get a tax refund direct deposited in your bank account? Well, you spend the money (or invest it, etc.). But what if that isn’t your refund? Well, that’s a problem.

Earlier this year I reported on individuals in Ohio who were notified that they would receive $200,000,000 refunds. The letters were in error, of course, and no refunds were issued. Had they been issued refunds they would need to return the checks. If the funds had been direct deposited, the individuals would be liable for interest on the money, too.

One “lucky” resident of nearby Laguna Beach received an unexpected $110,000 in his bank account. Reginald McDow is accused of having the $110,000 related to another individual’s tax refund deposited into his bank account and then not returning the money. The other individual put the wrong bank account number on her return (she had closed the account years ago, and Citibank allegedly reassigned the account to Mr. McDow), and Mr. McDow got his free money! According to the Orange County Register, Mr. McDow allegedly used the money to pay down his own debts.

The Orange County District Attorney is accusing Mr. McDow of theft. (Note that the alleged crime is a state charge, not a federal charge. Mr. McDow would be prosecuted in Orange County Superior Court.)

There are two morals to this story. First, if you receive a tax refund you are not expecting, you should check with the tax agency. I had a client recently receive a $1,500 refund. It turns out it was sent in error. My client had not cashed the check, and she is returning it to the IRS. If you receive a refund that’s not yours, you will need to return it to the tax agency. No, it’s not finders keepers.

Second, if you use direct deposit or electronic funds debit, make sure you check the banking information every year! If you make a mistake, your refund might not bounce and it could end up in an unscrupulous individual’s account. I’m unsure if the person who should have received the refund in this case is being made whole by the IRS or if she must pursue the alleged recipient of her funds. What I do know is that if she had verified and corrected her information before hitting “send” on her tax return, she would have the $110,000 and this would never have happened.


Hat Tip: Peter Pappas’ Tax Lawyer’s Blog

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Tax Lady in Court

“Tax Lady” Roni Deutch appeared in court on Friday; she pleaded not guilty to contempt of court charges in Sacramento. She’s accused of violating court orders by shredding 2.7 million documents in violation of a court order. Meanwhile, the company she founded is being run by a court appointed receiver.

Speaking of pruning blogs, one of the ones that I pruned is Roni Deutch’s Tax Lady blog. Since her legal troubles began, her blog has gone on hiatus. I suspect her blog won’t be reappearing any time soon.

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Blogroll Updated

It’s been a while since I’ve proofed my blogroll, and I’ve been negligent in adding some well-deserving blogs and pruning some deadwood.

Taxdood publishes “Taxes in the Back.” A New York-based attorney, he focuses on gambling, international issues, and other items that pique his curiosity.

Jack Townsend published “Federal Tax Crimes.” Mr. Townsend focuses on issues relating to federal criminal tax matters, including the FBAR.

Knox Marlow, a retired tax attorney, has just begun Tax Didactic. Mr. Marlow said in his inaugural post that his wife can handle only so many of his vents on tax policy, so he started a blog. I hope his wife continues in that vain as I am enjoying reading his new entry into the tax blogosphere. Indeed, all three of these blogs are well worth your time.

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Partisan Budget Passed by Democrats, Vetoed by Gov. Brown

In the latest episode of As the Budget Churns, last night Democrats in the California legislature passed a budget but received no Republican votes for it. The budget that passed was typical for the last few years: Full of gimmicks and borrowing, in theory it closed a $10 billion deficit; however, it really didn’t.

Democratic Governor Jerry Brown promised he would veto such a budget. He did so today.

Republicans in the legislature want pension reform; Democrats are beholden to union interests and don’t want pension reform. As usual, the unstoppable force is meeting the immovable object with the normal result: Nothing happens.

There are some new wrinkles. Proposition 25, passed last November by voters, stated that the legislature would have its pay docked if they didn’t pass a budget by June 15th. Well, they passed a budget…but one that might have been unconstitutional (and it was vetoed, too). We’ll have to see if pay is docked but I’m betting it won’t be.

Assuming that’s the case, there’s no pressure on Democrats…until California starts issuing registered warrants (IOUs). That might happen in July.

So don’t forget to tune in next week for yet another exciting episode of As the Budget Churns!

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