California Dreaming

On Wednesday the California legislature rejected a proposed budget with $11 billion of cuts. California faces a $24 billion deficit.

Democrats say they won’t vote for a budget which “cuts the safety net.” Republicans won’t vote for a budget with tax increases. A budget requires a 2/3 vote; a few Republicans must vote for it. Governor Schwarzenegger has said he won’t sign a budget with any tax increases.

Welcome to the unstoppable force meeting the immovable object.

The people of California spoke in May: No more tax increases, no more gimmicks, just give us a budget which lives within our means. California’s controller has said that IOUs will be issued beginning next week unless a compromise is reached. I don’t think one will come quickly.

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Foreign Financial Account Reporting Due

If you have a foreign financial account, or have signature authority over such an account, you must file Form TD F 90-22.1. That form is due on June 30th. Unlike every other IRS deadline, this one is a receipt deadline. That means you should put your TD F 90-22.1 in the mail today.

Who needs to file? If you take the sum of the maximum balance of your foreign account(s) and it adds up to $10,000 or more, you must file. Foreign accounts include the obvious (bank accounts, credit cards, etc.) and some less obvious accounts such as online gambling accounts. If you’re an accounts payable clerk and you sign the checks for a corporate foreign bank account, you must file the form.

The penalties are extremely steep for not filing. Non-willful violations start at $10,000; willful violations are the greater of half the balance in the account or $100,000. You can also go to ClubFed for this.

And don’t forget to spend $5.10 at the post office to mail the form using certified mail, return receipt requested. It’s your proof of timely filing.

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On the Other Hand….

Earlier today I posted my mixed opinion on regulating tax professionals. Joe Kristan has noted there are plenty of laws already on the books that tax preparers must comply with.

But the Bozos are out there. Take Georgia Gaines of Lake Worth, Florida. A helpful soul, Ms. Gaines’ clients were aided by over $1.1 million of invented deductions. All was well until the IRS found out.

Unfortunately, the IRS also looked at Ms. Gaines’ own returns. Somehow, $200,000 of income from her 2002-2005 tax preparation work didn’t appear on the return.

Ms. Gaines has now pleaded guilty to five counts of preparing false tax returns and five counts of filing her own false tax returns. Ms. Gaines will be sentenced in August and will have to make restitution and is also likely to find herself at ClubFed for just under three years (based on federal sentencing guidelines).

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No Liberty

Liberty Tax Service is America’s third largest tax preparation chain. Back in 2007, Liberty advertised that they could have your refund to you in one day.

Sounds great, but there’s a problem with that: You can’t get refunds that fast. It was really an advertisement for refund anticipation loans (RALs). Those loans have usurious interest rates (they can be as high as 375%). California’s Attorney General, Jerry Brown, sued Liberty over the ads.

The result of the lawsuit was announced this week. Liberty lost, and must make restitution of $136,000 and must pay fines of over $1 million.

I’m very much against RALs. I don’t believe they serve any purpose other than enriching the pockets of those offering them. Hopefully we’ll see fewer RALs being offered in the future.

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Should Tax Preparers be Regulated?

A debate is heating up among tax bloggers on whether or not tax preparers should be regulated. Some bloggers, such as Peter Pappas, think they should be. Others, including Joe Kristan, think they shouldn’t be.

I happen to practice in California, a state where all tax preparers are required to be licensed. It hasn’t done anything to improve the quality of work. After all, Western Tax Service was located in California. All California preparers must be either EAs, CPAs, attorneys, or registered with the California Tax Education Council (CTEC)

On the other hand, my professional society, the National Association of Enrolled Agents (NAEA) is very much in support of the idea of all preparers being regulated. Perhaps it might be because that would increase the number of Enrolled Agents. Or perhaps I’m just a bit too cynical about it.

In any case, I’ll wait to see the actual proposal (if and when it’s released by the IRS) before I come out one way or the other. My inclination, though, is that it will just add another bureaucracy with little positive results for taxpayers.

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New Hampshire Gambling Tax Moving Forward

It appears likely, but not certain, that New Hampshire will soon have a 10% tax on gambling winnings. The state legislature tentatively approved a new budget that contains the tax. It still must be approved by each house of the legislature and signed into law by the governor.

The tax itself is one of the worst for gamblers. It is a 10% tax on gross receipts, with no deductions allowed. It would impact both professional and amateur gamblers, and would make New Hampshire the worst location for gamblers to reside in the United States.

Key votes in the legislature will occur this week. I’ll keep you advised as I find out more information.

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Are The Democrats Deaf and Blind?

See no evil, hear no evil, speak no evil is how one cliche goes. Well, in Sacramento it can be changed to don’t cut programs, increase taxes, and who cares what the voters, the Governor, or the Republicans say.

Democrats in the state legislature have refused to implement the Governor’s plans to cut state workers salaries, and are proposing tax increases. Republicans in the legislature will not support tax increases. And Governor Schwarzenegger said, “I will, without any doubt, veto it. I’m very, very much against any tax increase whatsoever.”

And the Democrats’ budget is more of the usual accounting gimicks according to this article in the San Jose Mercury.

In any case, this budget—which Democrats in the legislature vow to bring to a vote next week—won’t become law. Sometime in late June we’ll find out if Democrats have discovered the fiscal and political reality or if California’s fiscal troubles will turn into the usual political stalemate.

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California Democrats to Voters: We Don’t Care What You Think

The headline says it all. Democrats in the state legislature are telling California voters that it doesn’t matter that you turned down the budget initiatives last May, we know better and the solution must include tax increases. That’s the only possible meaning of the Democrats’ proposal for eliminating the $24 billion deficit.

While the full Democratic proposal hasn’t been released, key elements have been. Here are some of the features:

– A 9.9% oil extraction tax;
– An increase in tobacco taxes. Cigarette taxes would increase from $0.87 to $2.37 a pack;
– Reversal of two corporate tax relief measures passed last September to allow passage of the 2008-09 budget; and
– A new $15 additional vehicle license fee tax to fund state parks.

Additionally, Democrats rejected Governor Schwarzenegger’s proposed 5% cut in the pay of state workers.

Two quotes from the story in the San Francisco Chronicle tell the full picture. First, Republican Assemblyman Jim Nielsen noted that the proposal was “…the most massive and quickest tax increase ever imposed in the history of California.” Given that tax increases require a 2/3 vote for approval, this measure may be d.o.a. However, I suspect Democrats will call the tax increases “user fees” in order to sidestep the measure. No matter, Governor Schwarzenegger has said that he will veto any measure with tax increases.

Meanwhile, Democratic State Senator Alan Lowenthal noted, “I’m really concerned when we put up any taxes as Californians are struggling to pay their mortgage, their rent and to put food on the table. The perception of the Legislature is we can’t live within our means. We have to realize we will pay a price for doing this.”

Apparently, Democrats believe that the price they’ll pay from the voters is less than the price they’ll pay from the unions if they pass pay cuts.


Here’s the reality: This proposal will not become law. Sooner or later California will have to learn to live within its means. I suspect we will see yet another budget stalemate, with California running out of money in July. Democrats in the legislature believe that they can print money. Only the federal government can do that. The day of reckoning for California has been postponed many, many times. It’s here.

The only solution is massive budget cuts. Governor Schwarzenegger’s budget (in general) spends what California will bring in. I suspect it might be late August or September before we see a budget where spending matches revenues.

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Same Old Song and Dance

Today is June 16th. The California budget still hasn’t passed.

Of course, this isn’t a surprise. Democrats in the Legislature are looking at tax increases. Specifically, an oil extraction tax and an increase in the tobacco tax.

Wait, Russ, wasn’t there a measure on an oil extraction tax just a couple of years ago? And didn’t it fail?

Sure, but that hasn’t stopped Democrats from proposing the same tax increases over and over.

But Russ, hasn’t Governor Schwarzenegger vowed to veto any new tax increases? And aren’t Republicans united in vowing to not pass any new taxes?

Well, yes. But Democrats figure that Republicans that have been united in the past have seen that united stand falter. Furthermore, the Democrats largest sponsor—organizer labor (unions)—adamantly oppose the current spending cuts.

Given all of this there’s no chance of a budget deal in the next few days. My expectation is that California government will screech to a halt sometime in July.

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2nd Quarter Estimated Taxes / Out of Country Deadline

Today (Monday) marks two deadlines. Second quarter estimated payments must be made by today in order to be considered timely. Additionally, taxpayers who were out of the country on April 15th have until today, June 15th, to either file their returns or go on extension without penalty.

The estimated payment deadline is a postmark deadline. As usual, we strongly recommend that you mail your payments using certified mail, return receipt requested. This gives you proof of mailing. Those two extra services will cost you $5.10. If your payment gets lost it will usually cost you far more in interest and/or penalties.

Alternatively, you can pay electronically. You can enroll in EFTPS, the federal government’s online system. Unfortunately, it takes two to four weeks to enroll in EFTPS as the passwords are mailed to you. California also offers an online payment system; no enrollment is necessary. Many other states offer such systems; you can check with their websites to see if your state offers such a system.

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