A Little Evasion

It wasn’t that big of a week on the tax fraud front, with the exception of the German-Liechtenstein scandal that’s still around. But there’s a smidgen here and there to report on.

In nearby Camarillo there’s a business owner who is finding out that concealing smidgens of revenues can be a big deal. Giancarlo Pertile was the owner of Art Marble Design until 2002 allegedly decided that if he didn’t tell his bookkeeper and accountant about some revenues he wouldn’t have to pay taxes on them. The government alleges that his corporate tax returns from 1998 through 2002 understated revenue, and his personal tax returns during the same period were also off. Mr. Pertile is looking at up to 25 years at ClubFed if found guilty on all charges.

Farmers have it tough. I worked in agriculture for many years and still have many friends who have to deal with freezes, water issues, and other thorny problems. But one way of helping your business is to undercount revenues. Of course, that’s illegal but they’ve got to catch you. That’s what a farmer in Austin, Minnesota did. Kevin J. Morse filed his taxes between 1996 and 2000 and showed that he owed less than $1,000 a year in taxes. That’s a neat trick when your gross income is about $1,000,000 and your net income is just under $700,000 each year. And when you’ve already been convicted once for tax evasion (for 1991-1994), it’s a safe bet that the IRS will be watching you carefully. And when an accountant tells you that you owe $100,000 in back taxes but you choose not to file the return (shades of Richard Hatch) you can bet that only bad things will happen. Mr. Morse is looking at some time at ClubFed and restitution.

It may just be a smidgen of stories but it does show that bad things happen if you choose to avoid taxes and get caught.

Posted in Tax Evasion | Comments Off on A Little Evasion

California Should Reevaluate Government

That’s the opinion of the Reason Foundation, a nonprofit 501(c)(3) organization dedicated to “advanc[ing] a free society by developing, applying, and promoting libertarian principles, including individual liberty, free markets, and the rule of law.” In an article titled “California Won’t Fix Budget Until It Cuts Spending” Reason notes:

“Despite what some lawmakers would like us to believe, this is a budget crisis borne of an addiction to spending, not a revenue problem. In the past four years, the state’s general fund revenues have increased approximately 32 percent. In fact, total revenue has grown steadily since the early 1990s, shortly after major tax increases were imposed under Gov. Pete Wilson’s administration…

“It is time for Californians and their elected representatives to undertake a serious re-evaluation of the proper role of government. Government has simply gotten too big and too intrusive. The casualty is individual liberty. Only when we rediscover the truth of the maxim – ‘That government is best which governs least’ – will we be able to restore any fiscal sanity to our state government.”

Any bets on our legislators listening? I for one am not hopeful.

Posted in California | Comments Off on California Should Reevaluate Government

California Won’t Tax the Rebates

The tax rebates (aka the stimulus payments) that will be issued beginning in May won’t be taxed by California. The Franchise Tax Board announced this last week. The FTB notes (as has the IRS) that in order to claim the rebate you must file a federal tax return. You do not have to file a California tax return in order to claim the rebate.

A few states will be taxing the federal tax rebate. Generally, those states give a deduction for federal tax paid. Alabama and Louisiana are two states that I believe will be taxing the federal tax rebates.

Posted in California | Comments Off on California Won’t Tax the Rebates

Section 1031 Exchange Primer

Section 1031 exchanges are complex. The IRS has just released a fact sheet on these exchanges. These exchanges are used to defer gains on real estate.

Hat tip: Roth Tax Updates

Posted in IRS | Comments Off on Section 1031 Exchange Primer

Are California Government Employees Overpaid?

An interesting question is whether California government employees are overpaid. We can now find out. Thanks to the Sacramento Bee we can now find out. The Bee has a searchable database of California government employees so we can now find out exactly what our government employees actually make.

Posted in California | Comments Off on Are California Government Employees Overpaid?

ePassporte Is a Foreign Bank Account

I’ve been asked by some of my gambling clients about ePassporte, an e-wallet that’s now in widespread use. The question that has arisen is whether ePassporte is a foreign bank account like Neteller was.

It’s hard to figure this out from ePassporte’s web site. Their official name is “ePassporte, N.V.” which certainly doesn’t sound like an American entity. The whois for their domain returns an address in Curacao. ePassporte offers banking services, so if they’re a foreign company they would meet the requirements of a foreign bank under Treasury Department regulations.

So where is ePassporte headquarted? They’re headquartered in St. Kitts, part of the Federation of Saint Kitts and Nevis, the smallest independent nation in the Caribbean. So if you have an account at ePassporte it is a foreign bank account. If you’re a US citizen and your high balances in any foreign bank accounts when added together add up to $10,000 or more, you must file Form TD F 90-22.1 and check the box on Schedule B. If you willfully don’t file Form TD F 90-22.1 the minimum fine is $100,000.

So if you have foreign bank accounts and meet the threshold of reporting make sure you comply. You have until June 30th for your report to make its way to the Department of the Treasury (this form is file with the Treasury, not the IRS).

Posted in Gambling | Tagged | Comments Off on ePassporte Is a Foreign Bank Account

What Sacramento’s Democrats Want

If you’re a California resident (and taxpayer), you may want to buy a padlock. A big padlock. That’s because Democratic legislative leaders have resolved that the only solution to the budget crisis is to increase taxes.

Senate President Pro Tem, Don Perata (D-Oakland) told a news conference in Sacramento when asked how the budget deficit will be made up, “Raise taxes. That clear enough? Raise taxes.” I applaud his honesty though I disagree with the message.

Meanwhile, Jim Batten (R-Palm Desert) told the Flash Report, “If last year’s Democrat rage at the Senate Republicans refusing to vote for a budget until spending was reduced by just $750 million is any indicator of what we’re in store for this year, I’m going to start wearing body armor to work.”

We may need to start a pool on when the state budget will be finalized. I think the only certainty this year is that it won’t be done by July 1st (the constitutional deadline).

Posted in California | Comments Off on What Sacramento’s Democrats Want

Watch Your Wallets Californians

What’s the difference between a tax hike and the elimination of a deduction? In politics, everything. For the taxpaying public, the impact is the same. We’re talking words or nomenclature.

It appears that some legislators in Sacramento are considering eliminating the mortgage interest deduction for state tax returns. While I don’t expect that to pass, I do believe we’ll see a few tax hikes when a budget finally passes in Sacramento this year. Please don’t ask me what they’ll be—it’s way too early for that—but do realize that Democrats don’t want to cut any programs. This editorial in the Los Angeles Daily News sums up the problems with eliminating tax deductions.

Thanks to Kerry Kerstetter for pointing out the editorial.

Posted in California | Comments Off on Watch Your Wallets Californians

$1 = $300

If I told you that $1 equals $300, you’d rightly tell me that I need to take remedial math. However, there is an instance where that’s the case.

The IRS issued Revenue Procedure 2008-21 yesterday. This Revenue Procedure allows an individual to add $1 as Adjusted Gross Income when that individual would normally have $0.

Why would you do that? So that you can electronically file and get the tax rebate (stimulus) payment this Spring of $300. Joe Kristan has more.

Posted in IRS | Comments Off on $1 = $300

The Gilbert Hyatt Case Inches Forward

Remember Gilbert Hyatt? Mr. Hyatt is the inventor who fled the Bronze Golden State seeking lower taxes. He filed a lawsuit against the Franchise Tax Board alleging that the FTB “…directed “numerous and continuous contacts … at Nevada” and committed several torts during the course of the audit, including invasion of privacy, outrageous conduct, abuse of process, fraud, and negligent misrepresentation.” This case was filed in 1998 and will finally go to trial in April.

Why did it take so long? Because the FTB claimed that it was immune from the lawsuit. That issue was litigated up to the US Supreme Court which ruled that the lawsuit could go forward.

We got some more news about the case in a roundabout way. The Las Vegas Review-Journal reported last week that the Clark County District Court is modernizing its computer system so that only sealed information is withheld from online computer records. Previously, if any information was sealed in a case all of the records were sealed. The first case chosen to see the public light was the Gilbert Hyatt case.

Everyone seems to be happy about the additional information becoming available. I am pleased because the Hyatt case is one where the FTB is alleged to have overreached and it will be interesting to see what happens when the case is tried.

Posted in California, Nevada | Tagged | Comments Off on The Gilbert Hyatt Case Inches Forward