Unearned Income Tax in New Healthcare Bill Will Impact Gambling

The new healthcare legislation contains plenty of taxes. One especially bad one is a new 3.8% tax on unearned income above $200,000. This will have a very bad impact on amateur gamblers.

When I last looked at the bill, the tax was 2.9%. In the “final” version of the bill, it’s up to 3.8%. Let’s take a hypothetical gambler, Joe Student. Mr. Student has $500,000 of winning sessions and $495,000 of losing sessions. After his standard deduction and exemption he owes no tax.

But not in the near future. He’ll owe 3.8% on $300,000 of mostly phantom income, or $11,400. What will Joe Student do? He’ll cheat on his taxes, of course. Pay $6,400 more than what he made on his income—you must be kidding! But that’s exactly what the legislation dictates.

This legislation is bad in many ways, but from a tax standpoint it’s a disaster. Unfortunately, I don’t have the time right now to read the bill and find out what other nuggets are in the legislation; I’m forced to rely on others such as Keith Hennessey. Luckily, Mr. Hennessey and others do have the time to review legislation that remains unpopular, unworkable, and insane.

Posted in Gambling, Legislation | Tagged | 2 Comments

$15 Million in Allegedly Phony Refund Claims

I’ve seen returns requesting large tax refunds, but I haven’t personally seen one requesting $2.5 million. However, that’s what Alexander Adams and his son Garrett, of nearby Huntington Beach, requested from the IRS. There’s just a few problems with the request, at least according to a complaint filed against the Adamses and Alexander’s other son, Brandon:

“The defendants prepared federal income tax returns claiming massive fraudulent tax refunds based on fabricated income tax withholdings.” Well, the total of their requests allegedly included Garrett’s of $2.5 million, a customer’s $2.5 million, and Alexander’s $361,000 and, in total, added up to $15 million.

That’s a lot of tax, especially when it’s all allegedly phony. The Adamses are a target of a US Department of Justice lawsuit and face possible civil penalties of 20% of the amount of their claims ($3 million) plus being barred from the tax preparation industry. Mr. Adams is accused by the DOJ of promoting his scheme through seminars and web presentations.

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What May Really be Behind the 4¢ Fiasco

Last night I listened to a presenter from the IRS at the monthly meeting of the Orange County chapter of the California Society of Enrolled Agents. He knew all about the 4¢ fiasco. It appears that there might be a missing payroll return or deposit from the end of 2009. At this point this is just rumor, and the gentleman from the IRS absolutely agreed that the story made the IRS, at best, look bad.

Because of privacy rules it’s unlikely we’ll ever find out the truth behind this issue. Peter Pappas posted that, “The IRS has reason to believe that the taxpayer is not complying with other tax laws, including, but not limited to, the proper classification of employees and the accurate and timely depositing of payroll taxes.” This may be exactly what happened.

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IRS’ Dirty Dozen Tax Scams

The IRS released the dirty dozen tax scams today. Joe Kristan has more, and a dirty dozen of bad tax policies.

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Deadline Day: Corporations and S-Corps

We’ve hit the first tax filing deadline for 2009 returns. Today’s the day that calendar year corporation and S-corporation tax returns are due. Since almost all S-Corps are calendar year, that means a whole bunch of returns are due today.

But what can you do if you’re not ready? File an extension. Go to the IRS’ web site and download Form 7004, complete it, and mail it today. (Here’s a link to the instructions, which contains where you mail Form 7004 to.)As always, I strongly urge that you use certified mail, return receipt requested so that you have proof of mailing (and receipt).

California does not require an extension to be filed (it is automatic). However, an extension is an extension of time to file, not to pay. California has a minimum franchise tax for all corporations (except in their first year), so many corporations will need to download Form 3539 and send it to the Franchise Tax Board.

It’s fairly easy to file an extension and avoid penalties. There’s absolutely no reason no to do this if you need to.

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Getting Their 2¢ Worth…Twice

Let’s head to Sacramento, where one place to get your car washed is Harv’s Metro Car Wash. The IRS decided that Harv’s needed more publicity. Last Wednesday, two IRS agents drove to Harv’s and demanded that the owner pay up on his back tax debt.

Did Harv’s owe thousands in back taxes? Perhaps they didn’t pay their Trust Fund (Payroll) taxes?

Well, I can’t answer which tax wasn’t paid. Indeed, the owner of Harv’s has a letter from the IRS dated in October 2009 noting that Harv’s didn’t owe anything.

But the IRS would now beg to differ. It seems there’s a 4¢ balance due from 2006, and with penalties and interest it’s now grown to $202.35.

I may bring this up on Tuesday when the IRS will be speaking at OCEA (my local professional society). Needless to say, this does not make the IRS look good.

Posted in IRS | 1 Comment

Spring Ahead…

Tonight is not the favorite night for tax professionals: we lose an hour of sleep. Daylight Savings Time begins at 2am; before you head to bed move your clocks up one hour.

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FUBAR Update: The Use Tax Letters Begin to Arrive

Yesterday, my first client received his Use Tax Enrollment Letter. At least this client managed to ask me if they had to do anything with it. The letter, dated March 1st, arrived on March 9th. The deadline for filing 2007 and 2008 Use Tax returns as noted in the letter is January 31, 2008 and January 31, 2009. The letter notes that penalties will apply but that you can request a penalty abatement.

I just can’t wait for some of my gambling clients in California to get this letter and tell me about it in March…2011.

Bill Leonard, the former member of the Board of Equalization, was going to ask the BOE for a one month-delay. It does not appear that will be going anywhere. (Mr. Leonard resigned from the BOE yesterday.) Spidell was pushing the Legislature for a six-month delay. With State Senator Calderon noting the legislation is working perfectly (a perfect FUBAR?) there’s no possibility of that happening.

Even better is the fact that businesses who aren’t notified by the BOE still must register with the BOE if they meet the criteria.

I hope no one wonders why California’s tax system is now ranked as the worst in the country.

Posted in California, Sales Tax | Tagged | 2 Comments

M Is for Mistake, But the IRS Has a Cure

This year two brand new schedules appeared on federal tax returns: Schedules L and M. Schedule L is for the Standard Deduction for certain individuals, and hasn’t been a problem for most individuals or preparers. The same can’t be said for Schedule M.

Schedule M is used for the Making Work Pay and Government Retiree Credits. The schedule has caused problems for all. Did the client have a government pension or didn’t they receive a $250 Economic Recovery Payment (ERP)? How much was it? As the NAEA said,

IRS, anticipating some difficulty with completing Schedule M, punted at the beginning of the filing season. The agency advised taxpayers to confirm payments with SSA, VA, or the Railroad Retirement Board. Only IRS would think this helpful…

The folks at the NAEA are beginning to get just as cynical as I am. But I digress….

There is good news, though. According to the NAEA, there is now a toll-free telephone number that can be used to check whether or not a taxpayer received the one-time ERP. You can call (866) 234-2942 to find this out. You will need the taxpayer’s social security number, their date of birth, and their ZIP Code from their last filed tax return. Note: You must check individual taxpayers separately, even if the taxpayers filed joint returns. There will also be an Internet application; however, that application is not yet available

I tried the telephone system for a client, and it is up and running. The whole process of data entering the SSN, ZIP, and DOB took about two and a half minutes.

My thanks to the NAEA

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California to Conform to Haitian Earthquake Charitable Contributions

AB347 which will conform California law to the federal election to deduct 2010 cash contribution to Haitian earthquake relief on 2009 returns, is waiting for Governor Schwarzenegger’s signature. He will sign the measure in the next couple of days; when he does, Californians can then claim such contributions as charitable donations on their 2009 returns. They will also be able to make separate elections for federal and California purposes…just to make life more interesting for tax professionals.

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