What In the World Does the IMF Have to Do with Taxes?

No, I’m not talking about the Impossible Missions Force. I’m speaking about…well, to be honest, a lot of nothing. But several charlatans have been promoting an “IMF Decoding Service.” Indeed, if you do a search on Google or some other search engine you’ll find several of these listed.

The Deptartment of Justice and the IRS are not amused. Last week one of the promoters of this scheme found himself in court in Cincinnati, and now has a permanent injunction against promoting the IMF Decoding Service and the FOIA Generator. You don’t need the Freedom of Information Act in order to obtain records from the IRS; you can request a transcript of your tax returns or even photocopies of your old returns just by filling out the appropriate forms.

A sucker is born every day. Hopefully you realize that you must pay your taxes. If you don’t, there are several federal institutions just waiting for you. And for the promoters of these frauds.

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Field Poll Says Prop 82 Now Trailing

Proposition 82, the pre-school for all, tax the wealthy, help Las Vegas, Phoenix, and Denver initiative, now trails, according to a Field Poll just released. For those, like me, who are against the initiative, vigilance is still required. Democrats are shown to be in favor of the initiative while Republicans are against it. However, there are no contested raced on the Republican primary ballot on Tuesday while there is a contentious Democratic races for Governor.

As always, you should exercise your right to vote this Tuesday no matter where you stand on this initiative. If you don’t know where your polling place is, you can find your polling place here.

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2005 Tax Offender of the Year Sentenced

For those who don’t remember, we had a long list of participants to choose from for the 2005 Tax Offender of the Year. Our lucky winner, Sharon Lee Caulder, formerly of New Orleans, recently of Oakland, and soon to be housed by the Bureau of Prisons, was sentenced on Thursday to 30 months in prison. Ms. Caulder earned $1.7 million (primarily from sales of her book, Mark of Voodoo, while simultaneously filing for bankruptcy. Oops.

Hat Tip: Roth Tax Updates

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Have Californians Wised Up?

Proposition 82, the free preschool, tax increase, Help Las Vegas, Phoenix, and Denver Initiative, may now be trailing in polls. While no new polls have been released publicly, Bill Bradley of LA Weekly notes in a recent column that support has fallen below 50%. If you’re a Californian and want to make sure that we don’t have a new bureaucracy to deal with (along with higher taxes and fewer businesses to pay those taxes), make sure you express your opinion on election day next Tuesday.

By the way, both the Orange County Register and the Los Angeles Times have come out in editorials against Proposition 82. This may be the first time in some time that the state’s most conservative paper (the Register) and the state’s most liberal paper (the Times) have agreed on a controversial measure.

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The IRS Give Single Member S Corps a Lump of Coal

The IRS announced today a “clarification” of the rules for self-employed health insurance deductions for S Corporations. This is bad news overall, and especially bad news for California S Corporations.

The self-employed health insurance deduction allows sole proprietorships, partnerships, LLCs (those treated as partnerships or as disregarded entities) to deduct their health insurance premiums “above the line;” that is, an adjustment to AGI rather than as an itemized deduction subject to a 7.5% limitation on AGI. This is a large tax savings for the self-employed.

The IRS announcement indicates that for S Corporations to be eligible for this deduction, the policy must be in the name of the corporation. But if you do this, the health insurance premiums will be included as compensation on your W-2 (although they are exempt from FICA and medicare).

Additionally, many states, including California, do not allow single-employee corporations of any kind to obtain health insurance. This ruling means that California single-member S Corporations (a single individual is the employee and owner) are generally ineligible for this deduction.

For example, my health insurance premiums run about $5,000 annually. If I were impacted by this ruling and were in the 25% tax bracket, my federal tax bill just went up $1,250.

If you’re impacted by this ruling I urge you to write your Representatives and Senators. I’m certain this is not what Congress intended when they enacted this deduction.

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US: In the Middle

Forbes magazine recently presented its annual comparison of taxes in the US to the world. So where does the US rank? More or less, in the middle.

Of course, that depends on what state you reside in. The comparison looked at two US states: New York (a relatively high tax state) and Texas (with no personal state income tax). New York ranks 115.7 on Forbes’ misery index; Texas is at 94.6.

As far as the rest of the world, leading the way in low taxes is the United Arab Emirates at 18.0 (not surprising, given their oil). The worst place for taxes? France, at 166.8.

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The Spanish-American War Officially Ends!

And you thought that the Treaty of Paris (signed on December 10, 1898) ended the Spanish-American War. No! It ended today, May 25, 2006, when the Department of the Treasury announced that they will no longer fight for enforcement of the 3% telephone excise tax used to fund the Spanish-American War.

Refunds of tax for long-distance service paid over the past three years will be given as part of your 2006 tax returns filed in 2007. As to what documentation (if any) is required, this has not been announced. (From a tax preparers’ viewpoint, I hope that preparers aren’t the ones who will have to check that individuals requesting refunds meet the requirements….)

Additionally, the press release and the news stories do not reference mobile telephone service (e.g. cellular). However, the IRS notice does, stating,

“These cases [on the telephone excise tax] hold that a telephonic communication for which there is a toll charge that varies with elapsed transmission time and not distance (time-only service) is not taxable toll telephone service as defined in § 4252(b)(1) of the Internal Revenue Code. As a result, amounts paid for time-only service are not subject to the tax imposed by § 4251. Accordingly, the government will no longer litigate this issue and Notice 2005-79, 2005-46 I.R.B. 952, which states otherwise, is revoked.”

So cellular phone service and long-distance service should be free of the excise tax.

Until the IRS and the Department of the Treasury announce the procedure for refunds, keep your old phone bills! The Treasury Department estimates that refunds will total $15 billion.

Links: Reuters News Story, Roth Tax Updates, and TaxProf Blog

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Proposition 82: Be Scared. Be Very Scared.

Proposition 82, the Mandatory Preschool/Tax Increase/Help Las Vegas, Phoenix, and Denver Initiative, still leads in the polls. However, the last statewide poll was released over a month ago.

Unfortunately for all Californians, the primary election on June 6th is dominated by the Democratic primary for Governor. With no major draw for Republicans, it’s very likely that this initiative, which would likely continue California’s downward march among states to do business, will pass.

Interestingly enough Dan Weintraub (of the Sacramento Bee) noted that a measure buried in the Governator’s budget would provide preschool to the most needy at a fraction of the cost of Proposition 82. Now, excuse my sarcasm, but do Democrats support a lean program, targeted to those who need it, or a new bureaucracy, with a program to match?

Dan Weintraub’s Column (registration required)
Text of Proposition 82

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Fixing the Match: Italian Tax Evasion

I’m not a soccer fan. But if you are, the World Cup begins in just a couple of weeks. One of the favorites (based on what I’ve read) is Italy. But a scandal is clouding the picture.

International football (soccer, for us Americans) president Sepp Blatter was quoted in the Italian newspaper Corriere della Sera as saying, “This is madness. How is it possible that Italian soccer has stooped so low? This is the greatest scandal in the history of soccer.”

So what happened? Allegations include rigging matches through corrupt referees, kidnapping a referee and two linesmen, wiretaps that show some of the alleged offenses, betting by players, embezzlement (through using public funds to chauffeur some of the ringleaders), and, of course, tax evasion. Another Italian newspaper, La Repubblica, said that Italian officials were investigating whether millions of Euros have been stashed at the Vatican Bank. The transcript of allegations runs over 1,000 pages.

Agenzia Giornalistica Italia reports that player transfers have led to tax fraud based on omissions of at least 70 million Euros. Three publicly traded soccer teams have seen their shares fall by 50% since the scandal broke.

For Italian soccer fans, this scandal, code named “Off Side” and dubbed by the Italian media “Operation Clean Feet,” is the equivalent of the Black Sox scandal of 1919. It will be interesting to see the impact on the Italian World Cup team, and what charges (if any) are actually filed.

Links: AGI Story, The Australian (much more readable than AGI)

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Tax Increase Prevention and Reconciliation Act of 2005

That’s not a typo in the subject of this post. The tax bill that was signed last week by President Bush is titled “The Tax Increase Prevention and Reconciliation Act of 2005.” Apparently Congress didn’t look at a calendar….

Here are the good points of the bill, such as they are:

1. AMT Relief, but just for one year. The bill increases the AMT exemption to $62,500 for Married Filing Jointly and $42,500 for single filers for 2006. However, yet another tax bill will need to be passed in 2007 to further extend AMT relief or millions of taxpayers will find themselves in AMT hell.

That’s the long list, in my view, of the good points. Now, here are the probable good points of the bill…but these could change, as they’re all in the future:

2. Dividend and Capital Gains Cuts Extended. This bill extends the dividend and capital gains tax cuts (these were scheduled to expire in 2008) until 2010. Note that nothing prevents Congress from extinguishing this extension next year.

3. Roth IRA Conversions. In 2010 anyone will be able to convert a regular IRA into a Roth IRA. Regular IRAs give taxpayers a tax deduction today but distributions (upon retirement) are taxable. Roth IRAs do not give a tax deduction today but the proceeds (in retirement) are tax-free. The tax owed for these conversion must be paid in 2011 and 2012. It’s quite possible that this new tax break could itself be broken by Congress between now and 2009.

Now let’s examine the negative points of the bill.

4. Offers in Compromise. Do you want to make an Offer in Compromise (OIC) with the IRS? You had better do it very soon—you have until July 15th to make an OIC without making a 20% OIC deposit. If your OIC is rejected by the IRS you will lose that deposit. I doubt we’ll see many OICs after July 15th.

5. Kiddee Tax Increase. If you’re wealthy, one tax strategy is to shift income to your children. The kiddee tax used to end at age 14…but the new bill extends it until age 18.

6. Expatriate Tax Increase. While the new bill does increase the Foreign Earned Income Exclusion (to $82,400), it greatly reduces the housing allowance for Americans living abroad. Additionally, the tax rate for investment income of expatriates is increased dramatically. The International Herald Tribune has an excellent story on this.

7. Changes to Section 199. If you’re a manufacturer (or a business that qualifies for this deduction), the Section 199 Deduction is now limited to 50% of W-2 earnings.

What’s not in the bill? Plenty. Tuition deduction, educators deduction, estate tax…the list is endless. A second bill is likely to emerge from Congress this Fall.

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