tax preparation
What’s a 1099-K?
Friday, February 3rd, 2012 | consulting, tax | No Comments
Have you received a 1099-K this year? This new form reports electronic financial transactions. If your business takes debit or credit card payments, then you will receive a 1099-K if you process more than $20,000 AND more than 200 transactions.
Business tax returns contain a new line to report 1099-K amounts. For this tax season though, the IRS is deferring the requirement that you report your 1099-K income on this line. Instead, report your gross receipts as you have in the past on the appropriate line of the form. Forms 1065 and 1120 contain the instruction, “For 2011, enter zero.” The IRS has issued an advisory that tells filers of Form 1040 Schedules C, E, and F to do the same.
We anticipate that this will necessitate some record-keeping changes in 2012; for example, accounting for tips charged to a credit or debit card. We are assessing potential impacts of the new reporting requirements and advising our clients.
2012 standard mileage rates
Thursday, December 22nd, 2011 | tax | No Comments
The IRS has announced standard mileage rates for 2012. Beginning on Jan. 1, 2012, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
- 55.5 cents per mile for business miles driven
- 23 cents per mile driven for medical or moving purposes
- 14 cents per mile driven in service of charitable organizations
Good records are important to preserving your deduction. The IRS requires that you log your miles when you elect to use the standard mileage rate. The log must include the name, location, and reason for the trip. For business miles, your trips from home to your first work location and from your last work location to home are nondeductible commuting miles. The business portion of parking fees and tolls is deductible in addition to the standard mileage rate. Remember to record your odometer reading as the calendar rolls over to the new year.
Because of the specific record-keeping requirements, the IRS has been targeting the mileage deduction for audit. So it makes good sense to keep your mileage log up to date to preserve this often significant deduction.
For business, you may choose to deduct actual expenses instead. These may include gasoline, oil, tires, repairs, insurance, depreciation, parking fees, tolls, licenses, and garage rent. If you also use the vehicle for personal purposes, you still must track your mileage to determine the business portion of these expenses.
Your log may take any form, as long as you can save it and make a copy in case the IRS asks for it. Formats range from sales call sheets on which you enter mileage, to the small booklets you keep in your vehicle’s glove box and fill in each day. There are even smartphone and tablet apps to help you track your mileage and document your standard mileage rate tax deduction.
6 Year-end tax reduction tips
Wednesday, December 21st, 2011 | tax | No Comments
Use these six tax reduction tips to reduce your 2011 tax bill, but act before December 31, 2011.
- Make charitable contributions by December 31. Keep a canceled check, a bank statement, credit card statement or a written statement from the charity, showing the name of the charity and the date and amount of the contribution for all cash donations. Donations charged to a credit card by Dec. 31 are deductible for 2011, even if the bill isn’t paid until 2012. If you donate clothing or household items, they must be in good used condition or better to be deductible.
- Install energy-efficient home improvements such as insulation, new windows and water heaters to your main home for a tax credit of up to $500. The work must be finished by December 31.
- Adjust your investment portfolio and consider selling gaining and losing investments. Capital losses offset capital gains. Up to $3,000 of any excess capital loss per year offsets other income, and any leftover loss may be carried forward to reduce future tax bills.
- Contribute the maximum to retirement accounts such as 401(k) and similar workplace retirement programs by December 31 to reduce taxable income. You have until April 17, 2012, to set up a new IRA or add money to an existing IRA and still have it count for 2011. Generally, you can contribute up to $5,000 to a traditional or Roth IRA, and up to $6,000 if age 50 or over.
- Make a Qualified Charitable Distribution from your IRA to a qualified charity if you are age 70 1/2 or over. The maximum annual exclusion from gross income for QCDs is $100,000. It is available even if you do not itemize deductions.
- Take the Small Business Health Care Tax Credit if you are a small employer who pays at least half of your employee health insurance premiums. This calculation is tricky, so consult your tax professional for assistance.
Remember to save receipts and records related to your taxes so that you can make sure your return is accurate and you can get the maximum tax reduction available to you.
Preserve estate tax portability
Monday, October 24th, 2011 | tax | No Comments
To preserve estate tax portability, executors must file Form 706 Estate Tax Return for decedents dying in 2011 and later. The nine month filing deadline may be extended an additional six months. This election is not available for decedents dying before 2011.
In the law reinstating the estate tax in 2010, Congress established an exclusion amount of $5 million per person in 2011 (adjusted for inflation in future years). An estate with a taxable value below this amount is not subject to federal tax (the limit remains at $1 million in Tennessee). The law also provided for any unused exclusion amount to be passed on to the surviving spouse. The election to do so is made, and the amount is established, by timely filing an estate tax return for the decedent. The return must be filed even though it may not be otherwise required under the estate tax rules.
In a common scenario, the estate assets of the first spouse to die are transferred to the surviving spouse, either through joint ownership with right of survivorship or by will. This may result in accumulation of assets in the surviving spouse’s estate that would exceed the $5 million exclusion, resulting in estate tax liability. The portability election allows the unused exclusion amount of the first spouse to die to be added to that of the second to die, sheltering additional assets from estate tax.
This election is a new estate planning tool that can help a family preserve its assets. Good estate planning may reduce or eliminate the need to take advantage of the portability election. If your family has substantial assets such as a family business or investments, you may benefit from a discussion with an accountant and an attorney who are both familiar with estate planning and tax reduction techniques, as we are. If a loved one passed away in 2011, timing is critical to preserving the estate tax portability election.
Estate tax filing relief
Thursday, September 15th, 2011 | tax | No Comments
The IRS has provided some estate tax filing relief for executors of the estates of those who died in 2010. Notice 2011-76 provides an automatic extension of time to file and pay the estate tax due. The rules generally apply to estates exceeding $5 million.
The estate tax was repealed for 2010 and was replaced with a complicated carryover basis calculation to determine the value of inherited assets. Congress reinstated the estate tax retroactively and let executors choose whether to be governed by the estate tax rules or opt out and use the carryover basis rules, adding another layer of complexity. As a result of the new law, guidance and forms were delayed. Updated instructions for Form 706 were posted only recently, and Form 8939 to make the election is still in draft form.
The IRS has changed the due date of Form 8939 to January 17, 2012. This is not an extension, so an additional form is not required.
For executors who timely filed an extension to file the estate tax return on Form 4768, the extended deadline is now March 19, 2012 for most decedents. For dates of death between December 16, 2010 and January 1, 2011, the extended deadline is 15 months after the date of death.
The notice also provides late-filing and late-payment penalty relief, although interest will still be charged for tax not paid by the original due date of the return.
Standard mileage rates change
Friday, July 1st, 2011 | consulting, tax | No Comments
The IRS has adjusted the standard mileage rates beginning July 1, 2011, in response to higher gasoline prices. The new standard mileage rates will apply through the end of 2011.
Mileage Rate Changes
|
Purpose |
Rates 1/1 through 6/30/11 |
Rates 7/1 through 12/31/11 |
|
Business |
51 |
55.5 |
|
Medical/Moving |
19 |
23.5 |
|
Charitable |
14 |
14 |
You have the option of tracking actual vehicle costs or using the standard rates to calculate your vehicle expense deduction. You may deduct parking fees and tolls under either method. Remember to write down your odometer reading today and at year-end to help track total miles for each half of the year.
You do keep a mileage log, don’t you? The IRS has been finding easy money by increasing audits of business mileage because many taxpayers do not keep adequate records. You may keep your mileage log in any format that is convenient for you. IRS dictates that the log should contain the number of miles (beginning and ending odometer readings are best) for each business trip, the destination(s), and the business purpose of the trip. Anything less, and the deduction may be disallowed. If you spend the day on the road going to multiple work locations, a daily total is adequate along with a list of the locations you visited.
Another business mileage trip-up relates to commuting miles. If you do not report expenses for business use of your home, you had better report commuting mileage with your business mileage deduction. IRS says that mileage from home to the first work location of the day and from the last work location to home is non-deductible commuting mileage. If you do have a home office, then your home office is your first and last work location, and all mileage to other work locations throughout the day is deductible.
For more details about business, medical, moving, and charitable mileage deductions, feel free to call or email us. As with all things tax-related, special rules abound related to company expense reimbursement plans, personal use of company vehicles, depreciation, and other vehicle-related issues. We can help bring you peace of mind by setting up a reporting system that will pass muster with the IRS.
Chevy Volt tax credit may not be yours
Monday, June 6th, 2011 | tax | 1 Comment
The Chevy Volt, General Motors’ electric car, may bring a $7500 tax credit to the original purchaser of the car. But is that you or the dealership? Stories are surfacing that dealers are using the common practice of dealer trades to get the cars titled, claim the tax credits for themselves, and then sell the cars as ‘used’. This maneuver subverts the intent of the credit to subsidize retail consumers’ purchases of the vehicles. It also inflates the sales numbers that GM reports.
The National Legal and Policy Center reported (here and here) on this practice, and the story has been picked up by automobilemag.com and Fox Business Network. IRS Form 8936, used to claim the credit, does not contain a space to record each vehicle’s VIN, raising the possibility that the credit could be claimed twice (that’s $15,000 of our taxpayer dollars) for vehicles involved in such actions. The IRS may also disallow the credit claimed by the retail customer, forcing repayment plus penalties and interest by the taxpayers for whom the credit was intended.
If you are considering buying a Chevy Volt, Nissan Leaf, or other plug-in electric vehicle, make sure you are buying the vehicle new in order to claim the credit. If the vehicle has been previously titled, you are not eligible. We also suggest saving your paperwork. We anticipate that the IRS will demand various forms of proof that you are eligible to claim the credit. In a similar manner regarding the first-time homebuyer credit, we have seen many taxpayers’ refunds held up for many weeks while the IRS demands and examines stacks of records to ensure that the credits are paid only to those who are eligible.
Filed an extension - now what?
Thursday, April 28th, 2011 | consulting, tax | No Comments
You pulled your records together and worked on your tax return, maybe using an “easy-to navigate” software program. But you were left with a nagging feeling that there may be something you missed, so you filed an extension.
Now what?
We’ve received calls from several people in this situation, asking us if we would take a look at their returns. This is a smart call if you have items on your return that are new for this year, or if an unusual event occurred in 2010. The mainstream tax software is designed to be easy for the average user, with questions that take you step-by-step through your return. In their effort at simplicity, sometimes the questions gloss over details in the code that might be important in your particular situation. Sometimes your answer directs the software to another module and list of questions, or to skip some questions. If you answer incorrectly at this stage, you may be messing up without knowing it.
In one recent case, a husband and wife used one of the name-brand tax programs to do their return, which included a business. Because of the way the software asked the questions, they inadvertently entered the same business information in two places on the return, doubling their income. Because of the software’s design, they did not become aware of the error until after they had e-filed the return.
The errors prompted a barrage of notices from the IRS and an audit of their return. They are now spending a lot of time, effort, and money to resolve these issues. The excuse, “it was the software’s fault,” has been tried all the way to Tax Court, and it has failed at every turn.
So if you are not confident that your self-prepared tax return is correct and that you have claimed all the deductions and credits to which you are legitimately entitled, you are smart to have filed an automatic extension. The next step is to gather your records and make an appointment with a tax expert like us. We can review your return and your financial situation to make sure your tax return is accurate and complete and your tax bill is as low as possible.
We’ll also advise you about the possible audit risk of your return. The IRS has been stepping up its examination of such items as employee business expenses, businesses reported on Schedule C of Form 1040, business mileage, and other areas. This means that good recordkeeping is more important than ever to prove that your deductions are legitimate.
Contact us today to quiet those nagging doubts about your return.
Tennessee tax deadline postponed
Thursday, April 14th, 2011 | tax | No Comments
The Tennessee Department of Revenue announced yesterday that the filing date for Franchise and Excise tax returns, gift tax returns, and Hall income tax returns has been extended to April 18, 2011, conforming with the federal deadline change.
If you make estimated franchise and excise tax payments though, you still must pay them by April 15.
You may read the announcement here.
Just so you know, we close our office for a week after the April tax filing deadline. This year, we will be wrapping up our tax season work on Friday despite the deadline changes, and we will be closed all week beginning April 18. If you need our assistance, please contact us today so we can finish helping you before we scatter.
Bad tax preparer leads to audit trouble
Thursday, March 24th, 2011 | tax | No Comments
We recently met with a new client who had been invited to the IRS local office for an examination of two years of her tax returns. She called the tax preparer, who told her she would not need the preparer at the meeting (red flag number one). After the meeting, she called the preparer back for help, but the preparer was not available (red flag number two). She has not been able to reach the tax preparer since then (red flag number three).
At the IRS meeting, she was shocked to learn for the first time that several items on her tax return were incorrect, mostly improper deductions. She came to us, and we opened her eyes to many ways that her tax preparer had misled her. We will be able to help her minimize the damage, but she was very unhappy to learn that her tax preparer had botched her return, and that she would owe a big chunk of money as a result.
Here’s the catch-22: The tax laws are so complex, the average taxpayer cannot possibly keep up, but you bear the burden of the accuracy of your tax return. Whether or not you rely on a professional to prepare your return, you are personally responsible for everything on the return. You must have documentation to back it up. “That’s how the tax software did it” is no defense. So finding a reputable, credentialed professional who will talk honestly with you is a good investment. No one can guarantee that the IRS won’t have questions about your return, but the process goes much better if your return is properly and accurately prepared based on good records.
Until this year, there has been no federal-level program to ensure at least a minimum level of competency for tax return preparers. There still is no way to get feedback about a tax preparer’s competency or quality of work, other than word of mouth. There is no authority given to the IRS or any other agency that can be used to force bad preparers out of business, other than harassing their clients. Watch for those red flag warnings before trouble comes. A reputable CPA firm (us, for example) or enrolled agent is your best choice.