IRS poised to revoke U.S. passports for unpaid taxes

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According to Forbes contributor Robert W. Wood, within days, the IRS will be able to revoke your passport for unpaid taxes. Wood says this idea has been kicking around for several years. This time, it is buried within 1300 pages of highway legislation. The government will surely see it as a nice complement to FATCA, the Foreign Account Tax Compliance Act. That massive law penalizes foreign banks that don’t hand over American account holders.

Not everyone is happy about giving the IRS power over passports. A group called American Citizens Abroad ACA has urged Congress to reject tying tax collection to passports. Their press release is worth reading. But Congress is poised to pass H.R.22, which has already passed both the House and the Senate. It is in conference, but is not expected to change. So, get ready for new section 7345 of the tax code, called “Revocation or Denial of Passport in Case of Certain Tax Delinquencies.” 

The State Department could revoke, deny or limit passports for anyone the IRS certifies as having a seriously delinquent tax debt in an amount in excess of $50,000. In January of 2016, the State Department will start blocking Americans with ‘seriously delinquent’ tax debts. Administrative details about how all this will work are scant. But in all likelihood, it will mean no new passport and no renewal. It could even mean the State Department will rescind existing passports of people who fall into that category.

The list of affected taxpayers will be compiled by the IRS. The IRS will use a threshold of $50,000 of unpaid federal taxes. But this $50,000 figure includes penalties and interest. And as everyone knows, interest and penalties can add up fast. Notably, if you are contesting a proposed tax bill administratively with the IRS or in court, that should not count. That is not yet a tax debt.

There is also an administrative exception, allowing the State Department to issue a passport in an emergency or for humanitarian reasons. But how that will work isn’t clear, nor is the amount of time it will take to get special dispensation. You would still be able to travel if your tax debt is being paid in a timely manner, as under a signed installment agreement.

By Robert W. Wood, an attorney who focuses on U.S. tax and litigation issues.

Source: forbes.com

http://www.forbes.com/sites/robertwood/2015/12/02/irs-may-start-stamping-passports-when-you-pay-your-taxes/

To beat crooks to your tax refund, start taxes now

635833794616823807-ThinkstockPhotos-467073516(Photo: Getty Images/iStockphoto)

The waning weeks of the year present opportunities to take actions that might help save money on your 2015 tax bill, such as making deductible contributions to charity or harvesting money-losing stocks. Now also might be a good time to start preparing your income-tax return.

You read that right — it’s not too early to start certain preparations for tax returns that won’t be due until April.

On the surface, that seems like a crazy notion when we haven’t even made it through the holiday season. You can’t actually file a return this early — the Internal Revenue Service won’t begin accepting returns until sometime in January. Nor do you possess the W-2s, 1099s and other supporting tax documents you’ll need. Those won’t be mailed out until early next year.

But depending on how complex your situation is, you might be able to get some of the supporting paperwork and calculations done early — compiling year-to-date charitable contributions, adding up medical expenses, crunching numbers on rental properties or freelance businesses or sorting through other transactions to see which ones might have a taxable impact. If you rely on a professional tax-return preparer, you might be able to schedule the first available appointments for next year.

But why bother with April still months away? To thwart potential tax-refund thieves, of course.

One takeaway from an identity-theft conference held recently in Phoenix is that speed matters. Much grief can be avoided if you can file and collect your tax refund before the bad guys do.

Melissa Richardson, an insurance agent in Michigan, recounted the effort and stress she faced after her income-tax refund was snatched by criminals. When she filed online in mid-March 2014, she was expecting a refund of about $1,100. But then she got the notification that a return already had been filed under her Social Security number and the refund taken, by someone in the Miami area. “The quick refund I was expecting was anything but,” she said.

She estimates she spent 15 to 20 hours on the phone with the IRS, including waits of up to two hours at a time. She had to fill out forms establishing her identity and needed to file new tax returns — on paper.

This type of white-collar fraud has grown at a brisk rate, with more sophisticated criminals now getting involved. “For organized criminals, this is the crime of choice,” said Adam Levin, chairman and founder of IDT911, which organized the conference.

Aside from safeguarding personal information and making sure you’re dealing with a reputable return preparer, one of the few remaining advantages that taxpayers have is speed.

Crooks seeking to steal refunds do so by filing fake returns in the names of other people, while requesting that the payments be diverted to their own accounts. They succeed when they can get all this done before the real taxpayer files a return. So if you can beat the crooks to the punch and file as early as possible, you improve your chances of deflecting this danger. If you have all your supporting tax paperwork ready by January, rather than March, April or later, you’ll be ready to go when W-2s and other tax documents arrive.

The roughly 30% of individuals who don’t expect a refund typically prefer to wait to file so they don’t have to make tax payments sooner than required. That’s a legitimate reason to delay, but it needs to be weighed against the rising odds of becoming a tax-fraud victim.

The IRS has devoted more manpower and effort to thwarting tax-fraud risk, and much of it has been successful. According to a study by the Government Accountability Office, the IRS stopped $24.2 billion of fraud in 2013 but failed to prevent another $5.8 billion that went to criminals, with some uncertainty over how much more went undetected. The IRS is devoting more manpower to fighting ID theft, diverting resources from other areas.

Yet the tide hasn’t yet turned.

“It has become a very international scheme,” said Shawn Tiller, executive director of refund crime for the IRS’ criminal investigations unit, speaking at the Phoenix conference hosted by IDT911. Tax-refund crooks generally have become more sophisticated and, because many are based outside the U.S., they’re not easy to extradite, he said.

Richardson, the tax-fraud victim, says one lesson she learned is that preparation and speed are important. “It took over a year and a half to clear my name with the IRS,” Richardson said. “I filed my taxes as early as I could this year, to beat anyone else to it.”

Levin at IDT911 said taxpayers can improve their odds by safeguarding Social Security numbers and other personal information as much as possible. But given the high number of data breaches over the years, a lot of that information already is in the hands of criminals, he noted.

“All (crooks) need is a date of birth, a Social Security number and a name,” Levin said. “Then they doctor up a W-2, and they’re off to the races.”

Levin, author of Swiped, a book on identity theft, also said it’s important for consumers to monitor incoming tax-related mail in January, making sure mailboxes are secure and inquiring about W-2s and other documents that are slow to arrive. Then taxpayers should get moving.

“Consumers need to get their information as quickly as possible and file as quickly as possible,” he said.

That might require a little added effort in the weeks before tax season actually gets going.

Reach the reporter at russ.wiles@arizonarepublic.com or 602-444-8616.
(Source: www.usatoday.com/story/money/personalfinance/2015/11/28/risk-stolen-tax-refund-good-reason-start-taxes-now/75949824/)

IRS Raises Small Business Capital Expensing Threshold

by Mike Godfrey, Tax-News.com, Washington

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The US Internal Revenue Service (IRS) has simplified the paperwork and record-keeping requirements for small businesses by raising the de minimis safe harbor threshold for the immediate expensing of certain capital items from USD500 to USD2,500.

The change affects small businesses that do not maintain an audited financial statement, and applies to amounts spent to acquire, produce, or improve tangible property that would normally qualify as items to be capitalized and depreciated over time.

As before, businesses can still claim deductible repair and maintenance costs, even if they exceed the USD2,500 threshold. For taxpayers with an applicable financial statement, the de minimis or small-dollar threshold remains at USD5,000.

The new USD2,500 threshold will take effect from the 2016 tax year. The IRS will provide audit protection to eligible businesses by not challenging its use prior to 2016.

IRS Commissioner John Koskinen said: “This important step simplifies taxes for small businesses, easing the record-keeping and paperwork burden on small business owners and their tax preparers.”

Following a request for comments it made in February this year, the IRS received more than 150 letters from businesses and their representatives suggesting an increase in the threshold. Those comments noted that the existing USD500 threshold was too low to effectively reduce administrative burdens on small businesses, while the cost of many commonly expensed items, such as tablet-style personal computers, smart phones, and machinery and equipment parts, are typically over that amount.

(Source: http://www.usa-tax-news.com/story/IRS_Raises_Small_Business_Capital_Expensing_Threshold____69818.html)

 

Time for seasonal planning for taxes, charities, more

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This is the time of year when certain money issues come more into focus, including those related to income-tax planning, charity scams and checking up on the financial health of family members.

Tax planning isn’t shaping up as anything remarkable over the waning weeks of 2015. Congress hasn’t passed any blockbuster legislation affecting individuals this year and, with gridlock on Capitol Hill, might not. That leaves the fate of several popular tax provisions dangling. These “extenders” must be acted on fairly soon or they won’t be in force for the coming tax-return filing season.

These include a higher-education tuition and fees deduction, a mortgage-debt forgiveness exclusion and a classroom-expense deduction for teachers.

Also in limbo is the optional deduction of state and local sales taxes in place of state and local income taxes. “That could affect your decision to make a big-ticket purchase before year end,” such as for a new car, said Mark Luscombe, principal analyst in the tax-accounting group at Wolters Kluwer in suburban Chicago.

Then there’s the option for people 70½ and older to donate an IRA distribution to charity, rather than include it first as taxable income. That one could be troublesome for some seniors trying to determine how much of their required minimum distributions to take before year end, Luscombe said. A hefty 50 percent tax penalty applies on the amount of required minimum distributions not taken.

The capital-gains rules are pretty much the same this year, with the new wrinkle that some people could be looking at sizeable losses for the first time in a while, thanks to the late-summer swoon in the stock market, Luscombe said.

In any year, investors are wise to determine paper gains and losses in taxable accounts, with an eye on realizing or harvesting losses before year end. If losses exceed gains, up to $3,000 of the excess can be used to offset ordinary income, and additional losses can be carried forward to future years.

Otherwise, taxpayers generally would be wise to defer taxable income to next year, if possible, while accelerating deductions so they can be taken in 2015. But that strategy doesn’t necessarily hold if you expect to have much larger deductible expenses next year, as with a pending medical procedure, for example.

In that case, it might pay to bunch deductions into either this year or next, if you might not qualify to itemize both years. Charitable donations are one type of deductible expense for which the timing is easy to control.

Charity caveats

Now also is a prime time for charitable donations, and non-profit groups — and scammers — know it. Americans make about one-quarter of their charitable donations over the waning weeks of the year, according to one study. That makes it critical to give money wisely, without getting so caught up in a feel-good moment that you drop your vigilance.

To make your gifts count, take some time to research the groups you intend to benefit.

Look for non-profits with missions that you agree with and search for measures of impact — the number of meals served, low-income homes built, animals rescued, or whatever. Lean toward non-profits that are run efficiently, where the bulk of the money raised goes toward programs and not overhead, including executive salaries.

GuideStar.org and CharityNavigator.org provide broad non-profit databases that you can search, including Form 990 disclosures filed with the Internal Revenue Service that provide detailed information on operations, including the compensation of top executives. Charity Navigator also rates larger non-profits on a four-star scale. Another research sources is give.org, from the Better Business Bureau.

It’s wise to verify that a charity is for real. Crooks sometimes seek money from unsuspecting donors, often through on line phishing blasts or cold calls over the phone. Be especially cautious when asked to provide credit-card numbers or bank account information. Some fake entities use names that sound similar to legitimate non-profits, with the aim of confusing unwary donors.

635633277627321466-ThinkstockPhotos-459878353Despite all the work to keep our personal and financial information safe, it’s still possible to become the victim of fraud. (Photo: maxkabakov/Getty Images/iStockphoto)

Another option is to  search through the “exempt organizations select check” section at irs.gov, although this database can be cumbersome. If you donate to a non-profit that isn’t legitimate and claim a tax deduction, your deduction could be disallowed, and you might trigger an audit.

In fact, consider whether you can take advantage of a charitable tax donation. Roughly 2 in 3 Americans don’t itemize and thus won’t get the deduction. An alternate option, especially if money is tight, might be to donate your time instead of your cash.

Family matters

Holiday get-together offer an opportunity to check the financial health of friends and family members —  elderly relatives especially. Many seniors are affluent yet susceptible to giving away their money for reasons that could involve fear, loneliness, cognitive problems and so on.

Strangers account for more than half the financial fraud committed against the elderly, but family members, friends and neighbours sometimes can cause problems, too.

Wells Fargo Advisor’s suggests watching out for several tell-tale signs that things might be amiss. Some are obvious, such as large, unexplained loans taken out by an elderly person or personal belongings that have gone missing. Also, watch for wire transfers or large credit-card charges, gifts to a caretaker, utility or other routine bills not being paid, and changes to the person’s will or other estate-planning documents.

“A sudden increase in spending and atypical, big withdrawals would be red flags to me,” said David Jacobsen,​  an investment vice president with Wells Fargo Advisor’s in Mesa.

Another tell-tale sign could involve an elderly client seeking to buy risky assets that are out of character with the person’s stated investment objectives.

Jacobsen said it can be a good idea for elderly clients to sign emergency contact forms, before the need arises, authorizing a trusted adviser to speak with adult children or other relatives in case of emergencies or if they sense a problem. Otherwise, account-privacy laws could block such communication.

“We try to get the whole family involved,” Jacobsen said. If adult children or other family members have permission to receive account statements, “They can watch from a distance.”

Other signals could be more subtle, such as a new friend or sweetheart in the elder person’s life, a sudden reluctance to discuss financial matters, or behaviour changes such as fear, submissiveness, social isolation or withdrawal.

Seniors generally are trusting and willing to answer the phone or door. That can make them vulnerable to a sales pitch, fraudulent or otherwise, Wells Fargo said. Plus, they can be confused by financial offers, and they’re often reluctant to report fraud out of fear or embarrassment.

(Source: http://www.usatoday.com/story/money/business/consumers/2015/10/23/seasonal-planning-now-taxes-charities-more/74325400/)

Tax Considerations When Delaying Social Security

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Delaying Social Security can potentially contribute to an overall tax strategy for retirement. Every case is different, but generally speaking, when you add taxes to the mix, the case for delaying Social Security becomes even stronger than usual.

Delaying Social Security gives you an ability to better management tax brackets when you are no longer working and earning a salary.

Consider a 62-year-old couple who are married and file jointly on their taxes. They have both stopped working and have not claimed Social Security benefits yet. They could potentially spend $20,600 from their tax-qualified accounts to meet their standard deduction and personal exemption. They could also realize $74,900 of additional long-term capital gains and qualified dividends from their brokerage accounts and still have their federal tax bill be $0.

If they would like to spend more than this $95,500, they could also include distributions from Roth accounts, spend the cost-basis on taxable investments, tapp into the line of credit from a HECM reverse mortgage, use a Health Savings Account (for medical expenses), and potentially spend from permanent life insurance cash values to keep their federal income tax bill at $0.

Depending on how wealthy this couple is and how much they actually wish to spend each year, the objective may not necessarily be to keep the tax bill at $0. It may be advantageous to use these years with no salary and no Social Security benefits to make additional Roth conversions from their IRAs to their Roth IRA. Doing so would require paying higher taxes in the short run in order to potentially pay much less later on. The concept is referred to as tax bracket management, and it is possible to take greater advantage of this strategy before Social Security benefits begin.

For instance, if the couple used the $74,900 for Roth conversions instead of realizing capital gains, their marginal tax rate on these funds would be 10% and 15%. If making the Roth conversions now at these lower tax rates helps to avoid being pushed into the 25% or 28% marginal tax rates later on when Required Minimum Distributions (RMDs) begin, it can be a worthwhile endeavor for enhancing the long-term plan. Wealthier couples might find that taking full advantage of the taxable space within the 28% tax bracket can help keep them from paying taxes at 33% later in retirement, and so on.

Social Security Benefits Taxation
Provisional Income Taxable Benefits
Single Filers Married Filing Jointly
Under $25,000 Under $32,000 0%
$25,000 – $34,000 $32,000 – $44,000 up to 50%
Over $34,000 Over $44,000 up to 85%
Provisional Income = AGI + 1/2 Benefit + tax-exempt interest

(Source: http://www.forbes.com/sites/wadepfau/2015/11/24/tax-considerations-when-delaying-social-security/)