Franchise Tax Board Implements New “MyFTB Account”

The Franchise Tax Board has implemented a new “MyFTB Account.” This replaces the old “My Account” on the FTB’s website. Back in September I saw a demonstration of the new website and I was impressed. The system shows withholding, estimated payments, 1099-Gs and 1099-INTs issued by the FTB, and allows taxpayers and their representatives access to that information. Individuals (but not tax professionals) can change their addresses using the system.

Tax professionals must register to use the system. Registration is simple and straightforward. (Individuals must also register and its also simple and straightforward.)

There is one change, though, that will impact tax professionals. You must now collect a Form 743 from your client to obtain his information.

It looks to me like the system is an improvement over the old My Account system. No more looking up Customer Service Numbers, and then reentering the same information to get the data you need. Kudos to the FTB.

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Son of FBAR

Coming in 2010 is Form 8938, Statement of Foreign Financial Assets. The draft of the form, which the IRS is soliciting public comment on, is now available. It may remind you of Form TD F 90-22.1 (FBAR).

Phil Hodgen (who alerted me to this form) notes, “What this means to you: Lots more work. Higher risks for screwing up your paperwork.” Yes, and the form appears more inclusive. The FBAR just asks for the financial assets. The way the Form 8938 reads that if you or a client owns 100 shares of a publicly traded foreign stock (say 100 shares of British Petroleum), you’d have to note it on the form. Perhaps I’m overreading the draft of the form (I haven’t seen instructions), but who knows.

I am likely to submit a comment to the IRS: Just have the FBAR submitted with the tax return, and be done with it. Unfortunately, I suspect that Congress meddled somewhere and is forcing this duplication of efforts. Adding this to the new mandatory $5,000 fine for even inadvertently not filing the FBAR makes foreign accounts far nastier in 2011 (that is, reporting 2010 foreign accounts).

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To C Or Not To C, That Is The Question

Robert Flach announced his newsletter, The Schedule C Letter. Robert notes,

THE SCHEDULE C LETTER is a bi-weekly newsletter that provides tax planning and preparation advice, information, and resources for sole proprietors and one-person LLCs who report their business activity on IRS Schedule C

The newsletter, which will be sent via US mail, costs $24.95 for 6 issues. The newsletter will begin publishing in January 2011.

Peter Pappas doesn’t like Schedule C businesses. His view, which I share to some degree, is that any business worth having should be either incorporated or in an LLC that does not file a Schedule C. The primary reason for his view is, I believe, that a Schedule C business has ten times the risk of audit of a non-Schedule C business (all other factors being equal).

Well, I agree to a point. Unfortunately, I deal with one group of individuals who cannot incorporate (or form an LLC) in all jurisdictions. Many states disallow professional gamblers from incorporating because gambling is against public policy (even though it’s legal in that state). My guess is that Mr. Pappas would say that those clients are the exception that proves his rule.

Well, who is right? Mr. Pappas is absolutely correct about the risk of audit. Additionally, for a business that is grossing $100,000 or more, and especially any business of any size with any liability exposure, a business structure (LLC or corporation) is nearly mandatory. Yet what if you are a single member LLC, and you do not want to be taxed as a corporation? You’re going to file a Schedule C.

Perhaps it’s just two individuals looking at an issue from their perspectives. That said, businesses of significant size should definitely look at not filing a Schedule C. And if you do file a Schedule C you should definitely look at Mr. Flach’s publication because making mistakes on your return will cost you time and money.

Posted in Entity Formation | 4 Comments

If I Win a Free Trip to the Bahamas (Part 2)

For those who care, I made the semi-final round of the contest that could send me to the Bahamas. For the readers who commented and want to vote in the semi-finals, you can do so at this link (choose Russ Fox – Binglaha). If you’ve never registered at Two Plus Two, you may need to do so in order to vote; you can register here.

And for the benefit of the individual who emailed me, “Are you really going to declare this on your tax return?” yes, I will be doing so if I win. That’s the law.

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When Winning by 0.5% Is a Mandate

Illinois is broke. While other states (such as California) have higher budget deficits, on a per capita basis Illinois leads the way. Illinois has a $13 billion deficit and some vendors haven’t been paid in nearly seven months.

In last week’s election, Democratic Governor Pat Quinn beat Republican Bill Brady by less than 20,000 votes (out of over 3.6 million cast). Mr. Quinn calls that a mandate to increase Illinois income tax rate by 1% (from 3% to 4%). We’ll see if the state legislature in Springfield agrees with Mr. Quinn or not. One way or another, it’s a mess in Illinois.

You may have noticed that its the “Blue” states which seem to have the biggest problems with state budgets. This includes high tax California and low tax Illinois. Perhaps both states are spending beyond their means though I suspect the public employee unions think that the spending is nowhere near their needs.

Posted in Illinois | 1 Comment

Wellek Pleads Guilty, Admits Tax Evasions

In October I noted that Michael Wellek, the owner of three strip clubs in the Chicago area, would soon plead guilty to tax evasion. He did so last week.

Mr. Wellek admitted he didn’t file a tax return for years where he made more than $2 million. Of course, he made that in cash, and we all know that cash isn’t taxable unless you get caught, right? Well, no, all income is taxable, even cash.

Mr. Wellek also admitted he paid $2.3 million in cash to employees of his strip clubs and didn’t issue reports (either 1099s or W-2s). The report notes that Mr. Wellek plans on cooperating with the IRS. If you were one of his employees, I hope you included that cash on your tax return or you might be getting a knock on your door from the IRS.

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Kritt Wins One

Earlier this year I reported on Attorney Ira Kritt, and that he has been charged in a tax fraud case in South Dakota. I had noted that Mr. Kritt had also been charged in a West Virginia case. Mr. Kritt, and the West Virginia doctor accused of tax evasion in that case, were acquitted on all charges.

I’ll let you know how Mr. Kritt fares in South Dakota.

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Daylight Savings Time Ends

It’s time to turn your clocks back an hour. Late tonight (2 am), clocks will be reset to end daylight savings time and return to standard time. So enjoy your extra hour of sleep.

Posted in Taxable Talk | 1 Comment

If I Win a Free Trip to the Bahamas, Do I Have to Pay Tax On It?

About ten days ago, I noticed that a poker website was running a contest. Submit a fun poker game that can be run as a poker tournament; if your game is chosen we’ll send you the Bahamas. There were over 100 submissions, and eight were chosen to be voted on by listeners of the Two Plus Two Pokercast. My submission is one of the eight up for selection.

(If you would like to vote, you can do so by going here. Choose Russ Fox – Binglaha and you will have voted to send me to the Bahamas. If you are not registered on Two Plus Two, you will first need to register; you can do so by going to this link.)

So a friend asks me, “Russ, if you win this trip will you pay income tax on it?” The answer is easy: Yes, I will owe income tax on the trip.

The US Tax Code is very clear on this: All income is taxable unless Congress exempts it. Congress has not exempted sweepstakes and contests. It does not matter whether you receive a Form 1099-MISC or not; if you win a contest you are supposed to declare it as Other Income (Form 1040, Line 21) based on the fair market value of the prize you won.

If you don’t pay the tax, you’re committing tax evasion. Richard Hatch, the first winner of Survivor famously won $1 million and decided to ignore the 1099-MISC and advice from several accountants. After 51 months at ClubFed, he still proclaims that he wasn’t guilty. Unfortunately for Mr. Hatch, there were only 300 million witnesses….

As for myself, if I’m lucky enough to win the prize (with a value somewhere around $2000), it will go on my tax return. As for why I decided to try to win the trip, the week of the event in the Bahamas is the same time as a meeting of accountants in Sacramento. Let’s see, 85 F, fun in the sun, and beautiful people in the Bahamas versus 37 F, the Tule Fog, and fun accountants in Sacramento. Which would you choose?

Posted in Gambling, Taxable Talk | Tagged | 1 Comment

We Want It All But Don’t Tax Us To Get It

Californians demonstrated their usual inimitable politics yesterday. Democrats won nearly every statewide office. The next Governor is Jerry Brown. Mr. Brown promised that there would be no tax increases without a vote of the people. (Barbara Boxer was reelected to the Senate.) How Mr. Brown assuages his union supporters and doesn’t make the drastic cuts that just have to happen without tax increases will be the story of next summer.

It will be easier for Democrats to pass a budget. They no longer need Republican votes as Proposition 25 passed (a majority can now enact a budget rather than a 2/3 vote). However, Californians also passed Proposition 26; most “user fees” will need a 2/3 vote to pass. Californians rejected Proposition 21, so there won’t be a tax to support state parks. Proposition 24 failed, so we’ll have conformity between federal and California law for some business NOLs and multi-state issues.

Voters don’t like gerrymandering, and they supported Proposition 20 (letting a non-partisan commission draw Congressional districts) and rejected Proposition 27 (which would have disbanded the non-partisan commission). Proposition 19, which would have legalized marijuana, failed; it’s almost certain had it passed that it would have been thrown out by the courts as being in violation of federal law.

Proposition 22 passed. The state can’t raid transportation funds and other local funds in the future.

I’m disappointed that Proposition 23 (the proposed suspension of the global warming/greenhouse gas measure) failed. California’s attempt to change the laws of thermodynamics is doomed to failure, and a lot of good money will be wasted here.

Overall, Governor-Elect Brown is looking at a Hobson’s choice for his first budget. He can cut funding to his supporters (public employee unions) or he can renege on his promise regarding tax increases. When the state finance office notes the likely $30 billion deficit, it will be interesting to see if he offends his supporters, the voters, or both.

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