Saturday, October 25, 2008

Fee Increase for Tax Return Copies


Beginning November 1, 2008, the fee for an exact copy of a previously-filed and processed tax return and all attachments will increase to $57.

The current fee is $39. Taxpayers or their designated representatives must still complete and mail Form 4506, Request for Copy of Tax Return, to complete the request. Copies are generally available for returns filed in the current and past six years.

Taxpayers can still request a transcript of their tax returns by filing Form 4506-T for no charge.

Additional resources:



2009 Inflation Adjustments Announced


The IRS has released Revenue Procedure 2008-66 announcing increases in deductions, exemptions, limitations, and credits for 2009, as well as widened tax brackets. Key changes affecting 2009 returns include the following:

The value of each personal and dependency exemption increases to $3,650.

The new standard deduction is $11,400 for married couples filing a joint return, $5,700 for singles and married individuals filing separately, and $8,350 for head of household.

Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $67,900.

The maximum earned income tax credit for low and moderate income workers and working families with two or more children is $5,028. The income limit for the credit for joint return filers with two or more children is $43,415.

The annual gift exclusion rises to $13,000, up from $12,000 in 2008.

You can read the full text of Rev. Proc. 2008-66 on the NATP’s website.

2009 Social Security Cost of Living Adjustments


Beginning January 1, 2009, the maximum earnings subject to social security tax withholding increases to $106,800. The earnings needed for one quarter of coverage is $1,090. The threshold for coverage for domestic employees increases to $1,700.

IRS has $266 Millions in Undeliverable Refunds and Stimulus Payments


The IRS is urging taxpayers to make sure their mailing address is up-to-date. If a taxpayer has moved since he or she last filed a tax return, Form 8822, Address Change Request, should be filed with the IRS. It is critical that taxpayers who are due a stimulus check update their addresses with the IRS before year-end, because by law, economic stimulus payments must be sent out by December 31 this year.

Additional resources:


Thursday, October 23, 2008

$266 Million in Undeliverable Stimulus Checks


The Internal Revenue Service is looking for taxpayers who are missing more than 279,000 economic stimulus checks totaling about $163 million and more than 104,000 regular refund checks totaling about $103 million that were returned by the U.S. Postal Service due to mailing address errors.

“People across the country are missing tax refunds and stimulus checks. We want to get this money into the hands of taxpayers where it belongs,” said IRS Commissioner Doug Shulman.
“We are committed to making the process as easy as possible for taxpayers to update their addresses with the IRS and get their checks.”

All a taxpayer has to do is update his or her address once. The IRS will then send out all checks due.

Stimulus Checks

It is crucial that taxpayers who may be due a stimulus check update their addresses with the IRS by Nov. 28, 2008. By law, economic stimulus checks must be sent out by Dec. 31 of this year.

The undeliverable economic stimulus checks average $583.

The “Where’s My Stimulus Payment?" tool on this Web site is the quickest and easiest way for a taxpayer to check the status of a stimulus check and receive instructions on how to update his or her address. Taxpayers without internet access should call 1-866-234-2942.

Regular Refunds

The regular refund checks that were returned to the IRS average $988. These checks are resent as soon as taxpayers update their address.

Taxpayers can update their addresses with the “Where’s My Refund?” tool on this Web site. It enables taxpayers to check the status of their refunds. A taxpayer must submit his or her social security number, filing status and amount of refund shown on their 2007 return. The tool will provide the status of their refund and in some cases provide instructions on how to resolve delivery problems.

Taxpayers checking on a refund over the phone will be given instructions on how to update their addresses. Taxpayers can access a telephone version of “Where’s My Refund?” by calling 1-800-829-1954.

Unsure?

Taxpayers not sure of which type of check they may be due should check on a potential economic stimulus check first because of the looming deadline. See instructions above.

For Most People

The vast majority of checks mailed out by the IRS reach their rightful owner every year. Only a very small percent are returned by the U.S. Postal Service as undeliverable.

Through September 2008, the government distributed 116 million economic stimulus payments with only about 279,000 checks being undeliverable. Meanwhile, the IRS has distributed more than 105 million regular refunds this year with only about 104,000 being undeliverable. In both cases, well under one percent of refunds or stimulus checks were undeliverable.

Avoiding Future Problems

The IRS encourages taxpayers to choose direct deposit when they file their return because it puts an end to lost, stolen or undeliverable checks. Taxpayers can receive refunds directly into personal checking or savings accounts. Direct deposit is available for filers of both paper and electronic returns.

The IRS also encourages taxpayers to file their tax returns electronically because e-file eliminates the risk of lost paper returns. E-file also reduces errors and speeds up refunds.

Need to Find A State Taxing Authority?


Do you need a one-stop resource for links to State government Web sites? These site have the most useful information for businesses.

Whether you are already in business, just starting, or expanding to a new state - there is something here for you! And educating yourself is the key to successful entrepeneurship.

Take a minute to visit the State Web sites below and find information on doing business in the state, taxation, links for employers, and more.

Click on the state of your choice for a list of Web sites:

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Remember, you can always go to the IRS website and search for any subject of information that you need.

Small Business Tax Workshop DVD


The IRS has come out with a great learning aid for those who want to start or who are already in a small business. This is a great learning tool that I think even seasoned business owners should view each year.

The Virtual Small Business Tax Workshop DVD is a new product with some technical innovations that may be unfamiliar to some users. These FAQs address some of the questions that business partners are asking.

If you have problems viewing the Small Business Tax Workshop videos, or wish to download them directly select the "d". If you wish to view the transcripts only, select the "t". Please download the Windows Media Player (specific to your operating system) if you don't already have it.


I am providing you with the individual links to each segment of the DVD in case you only want to refresh yourself on certain aspects of business taxes.


































Wednesday, October 22, 2008

Bankruptcy and It's Myths


Why Avoid Bankruptcy?

There was a time when bankruptcy was considered a last ditch effort to avoid paying your debts. Filing for bankruptcy was considered shameful, an admission that one could not manage one's personal finances.

Today, the stigma appears to have changed drastically. In fact, excessive credit card debt has driven many Americans to choose the bankruptcy route -- more than 1.8 million bankruptcy petitions were filed during the 2005 calendar year.

What Is Bankruptcy?

Bankruptcy was created to protect the financial health of the jobless and the infirm by eliminating high levels of debt.

There are two ways to file for bankruptcy, each with its own rules. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Bankruptcy Reform Act), made many changes in bankruptcy law.Under a Chapter 7 bankruptcy filing, many debts are eliminated, but the filer must liquidate personal assets to pay down some of the debt.

Personal property is sold by a bankruptcy trustee, who then uses the proceeds to pay creditors. Some assets are exempt if they are considered necessary to support the filer and any dependents, but state and federal laws vary widely.

In general, a percentage of home equity and disability benefits are exempt, and Chapter 7 filers may be allowed to keep any money or property they obtain after filing. Chapter 7 bankruptcy can be filed once every eight years.

A Chapter 13 filing does not erase debt. Rather, it requires the filer to set up a repayment plan, typically over a three- to five-year period, in exchange for keeping personal assets.

The Bankruptcy Reform Act of 2005 states that anyone with income above the state median will have to file for Chapter 13 and pay back at least a portion of their debts. In general, homes will only be protected if owned for at least 40 months. Chapter 13 bankruptcy can only be filed once every two years.

Certain debts cannot be erased under any bankruptcy filing, including alimony, child support, property settlements, criminal judgements and fines, student loans, and most taxes. In addition, a bankruptcy filing will not allow you to keep property that secures a loan, such as an automobile or home, unless you repay the loan.

Who Should File?

In general, filing for bankruptcy should be avoided. Filing, however, may help to begin a financial recovery if:

You cannot meet debt obligations on current income.

Attempts to negotiate payments with creditors have failed.

Your ratio of debt to annual income is 40% or more.

Previous attempts to reduce debt have failed, particularly with the help of a credit counselor or debt reduction plan.

You have charge-offs on your credit history. Charge-offs appear when you have debts that are more than 250 days past due that are written off by your creditors for accounting purposes. A series of charge-offs and bankruptcy are both black marks on your credit report, but a bankruptcy filing demonstrates that you have at least dealt with the debt. Source: National Institute for Consumer Education.

Drawbacks to Bankruptcy

A bankruptcy filing is a black mark on your credit history. This can make it difficult to obtain loans, mortgages, and credit cards. Both a Chapter 7 and a Chapter 13 bankruptcy will appear on your credit report for 10 years. During this time, you may be subject to several financial hardships.

Secured loans may be more expensive to acquire. Only a handful of lenders may approve you for mortgage and car loans. Acquiring a loan or mortgage may require an initial down payment of as much as 50%, and you may need to accept interest rates significantly higher than those offered to people with clean credit histories.

Unsecured loans may be impossible to acquire. Credit card companies typically reject applicants with bankruptcies on their credit histories. You may only be able to obtain a secured credit card, which requires a security deposit typically equal to the amount of credit initially granted. Fees for these cards are generally higher than for unsecured cards, and issuers may charge an application fee.

Not all retirement account assets are protected. Qualified retirement accounts, such as 401(k)s, are protected in all bankruptcy filings. And, up to $1 million in an individual retirement account is protected. Federal law requires that only those assets needed to support a filer and dependents are exempted, so you may only be able to keep a portion of an IRA account.

New legislation makes filing for bankruptcy more difficult. The Bankruptcy Reform Act of 2005 prohibits some people from filing for Chapter 7 bankruptcy; adds to the list of debts that people cannot get rid of in bankruptcy; makes it harder for people to come up with manageable repayment plans; and limits the protection from collection agencies for those who file for bankruptcy.

In addition, anyone filing for Chapter 7 or Chapter 13 must undergo credit counseling at their expense six months prior to filing for bankruptcy and will also be required to take a financial-management course after filing.

Alternatives to Bankruptcy

Bankruptcy, and the resulting credit difficulties, is not the only way to manage excessive debt.

You can try to negotiate a payment plan with a creditor and perhaps reduce your debt. Credit card companies faced with the rising number of bankruptcy filings may prefer to get some of what's owed them rather than have the entire debt erased.

You can conduct these negotiations on your own, with the help of an attorney, or through a professional credit counselor, who specializes in credit negotiations and will charge less than an attorney for the service. Payments for the negotiated debts can be deducted directly from your paycheck by the counseling service, which then distributes the money to creditors. Credit counselors will also work with you to rebuild your credit and improve your long-term financial situation.

Bankruptcy should still be seen as a last resort after all other methods of settling debt have been exhausted. The thought of your debt being erased may be attractive, but the financial hardships bankruptcy can create far outweigh any benefits.
Additional resources:

Social Security & Medicare Changes for 2009

The Social Security Administration and Department of Health & Human Services have announced the new amounts for 2009.

SOCIAL SECURITY CHANGES Social Security benefits increase 5.8% for 2009.

The amount of earnings subject to Social Security taxes increases from $102,000 for 2008 to $106,800 for 2009.

The amount of earnings required in order to receive a quarter of coverage increases from $1,050 for 2008 for $1,090 for 2009.

Earnings limitations for taxpayers who have not reached full retirement age (before having to repay Social Security benefits) increases from $13,560 ($1,130/month) for 2008 to $14,160 ($1,180/month) for 2009.

Earnings limitations for taxpayers who reach full retirement age in the current year (before having to repay Social Security benefits) increases from $36,120 ($3,010/month) for 2008 to $37,680 ($3,140/month) for 2009. (‘Full retirement age’ is 66 years for those born in 1943-1954.)

The maximum monthly Social Security benefits increase from $2,185 for 2008 to $2,323 for 2009.

The amount of the SSI Federal Payment Standard increases for individuals from $637/month for 2008 to $674/month for 2009. For a married couple this increases from $956/month for 2008 to $1,011/month. The SSI Resource limits of $2,000 for individuals and $3,000 for couples do not change. The SSI Student Exclusion Limits increase from $1,550/month in 2008 to $1,640/month in 2009 with the annual limit increasing from $6,240 to $6,600.

The Substantial Gainful Activity earnings increases from $940/month in 2008 to $980/month for 2009 for non-blind disabled recipients while the blind disabled recipients amounts increase from $1,570/month for 2008 to $1,640/month for 2009. The Trial Work Period earnings increase from $670/month in 2008 to $700/month for 2009.

MEDICARE CHANGES for 2009

The U.S. Department of Health & Human Services has announced the new amounts as well as changes in Medicare for 2009.

The base Medicare Part B monthly premiums STAYS THE SAME from $96.40/month ($1,156.80/year) in 2008 to $96.40/month ($1,156.80/year) in 2009. (Yes, we did say STAYS THE SAME).

For 2008 the premiums vary depending on the taxpayers’ income as shown on their 2006 income tax returns and their filing status. For 2009 the premiums are tied into the 2007 income tax returns.

The monthly premiums amounts for 2009 based on income and filing status are:

SINGLE:Premiums – - – - Income of:$96.40 – - – $85,000 or less$134.90 – - – $85,001-$107,000$192.70 – - – $107,001-$160,000$250.50 – - – $160,001-$213,000$308.30 – - – Above $213,000

MFJ:Premiums – - – - Income of:$96.40 – - – $170,000 or less$134.90 – - – $170,001-$214,000$192.70 – - – $214,001-$320,000$250.50 – - – $320,001-$426,000$308.30 – - – Above $426,000

MFS:Premiums – - – - Income of:$96.40 – - – $85,000 or less$154.10 – - – $85,001-$128,000$211.90 – - – Above $128,000

The Part B Medicare deductible for 2008 is $135 and stays the same at $135 for 2009.

This Medicare information can be found at www.cms.hhs.gov. The SS information can be found at http://www.ssa.gov/.
A big thanks to TAXMAMA for providing the exact facts and figures.
Additional resources:

Thursday, October 16, 2008

2009 Inflation Adjustments Widen Tax Brackets and Expand Tax Benefits


For 2009, personal exemptions and standard deductions will rise and tax brackets will widen because of inflation adjustments announced today by the Internal Revenue Service.

By law, the dollar amounts for a variety of tax provisions must be revised each year to keep pace with inflation. As a result, more than three dozen tax benefits, affecting virtually every taxpayer, are being adjusted for 2009. Key changes affecting 2009 returns, filed by most taxpayers in early 2010, include the following:

The value of each personal and dependency exemption, available to most taxpayers, is $3,650, up $150 from 2008.

The new standard deduction is $11,400 for married couples filing a joint return (up $500), $5,700 for singles and married individuals filing separately (up $250) and $8,350 for heads of household (up $350). Nearly two out of three taxpayers take the standard deduction, rather than itemizing deductions, such as mortgage interest, charitable contributions and state and local taxes.

Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, for example, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $67,900, up from $65,100 in 2008.

The maximum earned income tax credit for low and moderate income workers and working families with two or more children is $5,028, up from $4,824. The income limit for the credit for joint return filers with two or more children is $43,415, up from $41,646.

The annual gift exclusion rises to $13,000, up from $12,000 in 2008.

Information about the pension and retirement plan-related changes can be found in IR-2008-118. Other inflation adjustments are described in Revenue Procedure 2008-66.

Pension Plan Limitations for 2009


The Internal Revenue Service today announced cost‑of‑living adjustments applicable to dollar limitations for pension plans and other items for tax year 2009.

Section 415 of the Internal Revenue Code provides for dollar limitations on benefits and contributions under qualified retirement plans. It also requires that the Commissioner annually adjust these limits for cost‑of‑living increases.

Many of the pension plan limitations will change for 2009 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, for others, the limitation will remain unchanged. For example, the limitation under Section 402(g)(1) on the exclusion for elective deferrals described in Section 402(g)(3) is increased from $15,500 to $16,500. This limitation affects elective deferrals to Section 401(k) plans and to the federal government’s Thrift Savings Plan, among other plans.

Effective Jan. 1, 2009, the limitation on the annual benefit under a defined benefit plan under Section 415(b)(1)(A) is increased from $185,000 to $195,000. For participants who separated from service before Jan. 1, 2009, the limitation for defined benefit plans under Section 415(b)(1)(B) is computed by multiplying the participant's compensation limitation, as adjusted through 2008, by 1.0530.

The limitation for defined contribution plans under Section 415(c)(1)(A) is increased from $46,000 to $49,000.

The Code provides that various other dollar amounts are to be adjusted at the same time and in the same manner as the dollar limitation of Section 415(b)(1)(A). These dollar amounts and the adjusted amounts are as follows:

The limitation under Section 402(g)(1) on the exclusion for elective deferrals described in Section 402(g)(3) is increased from $15,500 to $16,500.

The annual compensation limit under Sections 401(a)(17), 404(l), 408(k)(3)(C), and 408(k)(6)(D)(ii) is increased from $230,000 to $245,000.

The dollar limitation under Section 416(i)(1)(A)(i) concerning the definition of key employee in a top-heavy plan is increased from $150,000 to $160,000.

The dollar amount under Section 409(o)(1)(C)(ii) for determining the maximum account balance in an employee stock ownership plan subject to a 5‑year distribution period is increased from $935,000 to $985,000, while the dollar amount used to determine the lengthening of the 5‑year distribution period is increased from $185,000 to $195,000.

The limitation used in the definition of highly compensated employee under Section 414(q)(1)(B) is increased from $105,000 to $110,000.

The dollar limitation under Section 414(v)(2)(B)(i) for catch-up contributions to an applicable employer plan other than a plan described in Section 401(k)(11) or Section 408(p) for individuals aged 50 or over is increased from $5,000 to $5,500. The dollar limitation under Section 414(v)(2)(B)(ii) for catch-up contributions to an applicable employer plan described in Section 401(k)(11) or Section 408(p) for individuals aged 50 or over remains unchanged at $2,500.

The annual compensation limitation under Section 401(a)(17) for eligible participants in certain governmental plans that, under the plan as in effect on July 1, 1993, allowed cost‑of‑living adjustments to the compensation limitation under the plan under Section 401(a)(17) to be taken into account, is increased from $345,000 to $360,000.

The compensation amount under Section 408(k)(2)(C) regarding simplified employee pensions (SEPs) is increased from $500 to $550.

The limitation under Section 408(p)(2)(E) regarding SIMPLE retirement accounts is increased from $10,500 to $11,500.

The limitation on deferrals under Section 457(e)(15) concerning deferred compensation plans of state and local governments and tax-exempt organizations is increased from $15,500 to $16,500.

The compensation amounts under Section 1.61‑21(f)(5)(i) of the Income Tax Regulations concerning the definition of “control employee” for fringe benefit valuation purposes is increased from $90,000 to $95,000. The compensation amount under Section 1.61‑21(f)(5)(iii) is increased from $185,000 to $195,000.

The limitation on wages under Section 45A regarding individuals eligible for the Indian employment credit is $40,000 for tax years beginning in 2008 and will increase to $45,000 for tax years beginning in 2009. The termination date of section 45A was recently extended from Dec. 31, 2007, to Dec. 31, 2009, by Section 314 of Division C of the Emergency Economic Stabilization Act of 2008, P.L. 110-343.

The Code also provides that several pension-related amounts are to be adjusted using the cost-of-living adjustment under Section 1(f)(3). These dollar amounts and the adjustments are as follows:

The adjusted gross income limitation under Section 25B(b)(1)(A) for determining the retirement savings contribution credit for married taxpayers filing a joint return is increased from $32,000 to $33,000; the limitation under Section 25B(b)(1)(B) is increased from $34,500 to $36,000; and the limitation under Sections 25B(b)(1)(C) and 25B(b)(1)(D), from $53,000 to $55,500.

The adjusted gross income limitation under Section 25B(b)(1)(A) for determining the retirement savings contribution credit for taxpayers filing as head of household is increased from $24,000 to $24,750; the limitation under Section 25B(b)(1)(B) is increased from $25,875 to $27,000; and the limitation under Sections 25B(b)(1)(C) and 25B(b)(1)(D), from $39,750 to $41,625.
The adjusted gross income limitation under Section 25B(b)(1)(A) for determining the retirement savings contribution credit for all other taxpayers is increased from $16,000 to $16,500; the limitation under Section 25B(b)(1)(B) is increased from $17,250 to $18,000; and the limitation under Sections 25B(b)(1)(C) and 25B(b)(1)(D), from $26,500 to $27,750.

The applicable dollar amount under Section 219(g)(3)(B)(i) for determining the deductible amount of an IRA contribution for taxpayers who are active participants filing a joint return or as a qualifying widow(er) is increased from $85,000 to $89,000. The applicable dollar amount under Section 219(g)(3)(B)(ii) for all other taxpayers (other than married taxpayers filing separate returns) is increased from $53,000 to $55,000. The applicable dollar amount under Section 219(g)(7)(A) for a taxpayer who is not an active participant but whose spouse is an active participant is increased from $159,000 to $166,000.

The adjusted gross income limitation under Section 408A(c)(3)(C)(ii)(I) for determining the maximum Roth IRA contribution for married taxpayers filing a joint return or for taxpayers filing as a qualifying widow(er) is increased from $159,000 to $166,000. The adjusted gross income limitation under Section 408A(c)(3)(C)(ii)(II) for all other taxpayers (other than married taxpayers filing separate returns) is increased from $101,000 to $105,000.

Administrators of defined benefit or defined contribution plans that have received favorable determination letters should not request new determination letters solely because of yearly amendments to adjust maximum limitations in the plans.

Tuesday, October 14, 2008

Let's Be Fair To All The Candidates!


It's amazing to listen to the candidates talk about how they're going to help the middle and lower income classes. It makes me wonder if they really know what these classes have to deal with on a day-to-day basis.
So, let's take a look at our current candidates tax returns....what class would you put them in?

Do You Contribute to a SEP, SIMPLE or Retirement Plan?


If you have self-employment income, then you can take a tax deduction for contributions you make to a SEP, SIMPLE, or Keogh retirement plan. You must open and contribute money to a SEP-IRA plan by the due date of your tax return, including extensions. If you request an automatic extension, you will have until October 16th, 2006, to fund your SEP retirement plan for 2005. However, SEP IRA accounts must be set up by April 17th, 2006, if you are thinking about making a contribution for 2005.

Your maximum contribution to a SEP-IRA is 20% of your self-employment income or $42,000, whichever is less. SIMPLE-IRA: maximum elective deferral up to $10,000 (or $12,000 if age 50 or older). Limits on retirement plan contributions.

You must have self-employment income. Self-employment income consists of net profits from a Schedule C or Schedule F, or guaranteed payments from a partnership. Additionally, you must set up and fund a qualified retirement plan, such as a SEP-IRA, SIMPLE-IRA, or Keogh-type pension plan. If you run an S-Corporation, your corporation will have to set up the SEP-IRA and deduct your contributions from your W-2 salary.

You must use the worksheets found in IRS Publication 560 for figuring your allowable tax deduction for SEP, SIMPLE, and other retirement plan contributions. The allowable deduction is then reported on your Form 1040 Line 28. S-Corporations report SEP contributions on Form 1120S.

"SEP, SIMPLE, and qualified plans offer you and your employees a tax-favored way to save for retirement. You can deduct contributions you make to the plan for your employees. If you are a sole proprietor, you can deduct contributions you make to the plan for yourself. You can also deduct trustees' fees if contributions to the plan do not cover them. Earnings on the contributions are generally tax free until you or your employees receive distributions from the plan." (from IRS Publication 560)

The deduction for SEP, SIMPLE, and other retirement plans is found in Internal Revenue Code Section 62(a)(6) and Section 404.

More Information: Worksheets in Publication 560 (scroll to chapter 5, PDF, 26 pages) Retirement Plans for Small Business (Publication 560) Internal Revenue Code Section 404 (Legal Information Institute, Cornell Law School)

SEP/SIMPLE Retirement Plans
IRS Publication 560

Friday, October 10, 2008

IRS to Test Soft Notices



The IRS is testing a pilot program in which it will mail a new notice to about 31,000 taxpayers who may be underreporting income on tax returns. The IRS designed the so-called soft notice to encourage taxpayers to self-correct tax returns and to increase voluntary compliance among an estimated 15 million potential cases of underreporting each year that contribute to the tax gap.

The new CP 2057 notices, like CP 2000 notices, are automatically generated by the IRS's computerized document matching system, which compares information on a taxpayer's tax return with documents from a third party, such as Forms W-2 from an employer.

A taxpayer who receives a CP 2057 notice is not required to respond to the IRS. The notice instructs the taxpayer to contact the third party if the taxpayer believes there is a mistake with the third party's information. If the error lies with the taxpayer, he is asked to file an amended return. If the taxpayer does not respond, the IRS does not take any action. But should the IRS discover discrepancies the next year, the taxpayer is bumped to the top of the list for receiving a tougher CP 2000 notice.

How to Get a Copy of Your Tax Return



There are two easy and convenient options for obtaining copies of your federal tax return information - tax return transcripts and tax account transcripts - by phone or by mail.

A tax return transcript shows most line items from the tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and student loans.

A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income. The IRS does not charge a fee for transcripts, which are available for the current and three prior calendar years. Allow two weeks for delivery.

To request either transcript:

Phone: Call 1-800-829-1040 and follow the prompts in the recorded message
Mail: Complete IRS Form 4506-T, Request for Transcript of Tax Return.

If you need a photocopy of a previously processed tax return and attachments, complete Form 4506, Request for Copy of Tax Form, and mail it to the IRS address listed on the form for your area. There is a fee of $39.00 for each tax period requested. Copies are generally available for the current and past 6 years.

Health Insurance Benefits



Employee benefits play an increasingly important role in the lives of employees and their families, and have a significant financial and administrative impact on a business. Most companies operate in an environment in which an educated work force has come to expect a comprehensive benefits program.

Indeed, the absence of a program or an inadequate program can seriously hinder a company's ability to attract and keep good personnel. Employers must be aware of these issues and be ready to make informed decisions when they select employee benefits.

Designing the right benefit plan for your employees is a complex task. There are many issues to consider, including tax and legal aspects, funding, and finding the right vendors or administrators.

What Is An Employee Benefit Plan?

An employee benefit plan protects employees and their families from economic hardship brought about by sickness, disability, death or unemployment. It also provides retirement income to employees and their families. And it provides a system of leave or time off from work.

Mandated Benefits

The employer must pay in whole or in part for certain legally mandated benefits and insurance coverage:

Social Security.
Unemployment insurance.
Workers' compensation.


Funding for the Social Security program comes from payments by employers, employees and self-employed persons into an insurance fund that provides income during retirement years. Full retirement benefits normally become available at age 65. For younger individuals the date for maximum benefits is being adjusted to age 67. Other aspects of Social Security deal with survivor, dependent and disability benefits, Medicare, Supplemental Security Income and
Medicaid.

Unemployment insurance benefits are payable under the laws of individual states from the Federal-State Unemployment Compensation Program. Employers contribute to the program based on total payroll.

Workers' compensation provides benefits to workers disabled by occupational illness or injury. Each state mandates coverage and provides benefits. In most states, private insurance or an employer self-insurance arrangement provides the coverage. Some states mandate short-term disability benefits as well.

Note: Workers' compensation is offered, but not mandated in Texas. However, it's important for employers in all states to have workers' compensation coverage because it limits a business' liability for job-related injuries.

Optional Benefits

A comprehensive benefit plan can include the following elements:

Health insurance.
Disability insurance.
Life insurance.
A retirement plan.
Flexible compensation (cafeteria plans).


Leave.

A benefit plan can also include bonuses, service awards, reimbursement of employee educational expenses and prerequisites appropriate to employee responsibility.

In this article, we will cover the topics of Health and Dental Insurance only.

Medical and Dental Plans

A serious illness or injury can be devastating to an employee and his or her family. It can threaten their emotional and economic well-being. Thus, adequate health insurance is important to employees and is part of a solid group plan.

Group health plans help attract and keep employees who can make your business a success. They relieve your employees of the anxiety of health care costs by providing the care they need before illness becomes disabling, thus helping you avoid costly employee sick days.

Group health plans usually cost less than purchasing several individual policies with comparable coverage. Moreover, there are tax advantages to offering health care benefits: your contribution as an employer may be deductible and the insurance is not taxable income to your employees.

As an employer, you can choose either an insured (also known as an indemnity or fee-for-service plan) or a pre-paid plan (also known as a health maintenance organization).

Traditional Indemnity Plans. An indemnity plan allows the employee to choose his or her own physician. The employee typically pays for the medical care and then files a claim form with the insurance company for reimbursement. These plans use deductibles and coinsurance as well.

A deductible is a fixed amount of medical expenses an employee pays before the insurance plan reimburses any more expenses. The deductible can range from $100 to $1,000 a year. (High
Deductible Health Plans
, known as HDHP, are covered under Health Savings Accounts.)

Coinsurance is a percentage of medical expenses the employee pays, with the plan paying the remaining portion. A typical coinsurance amount is 20%, with the plan paying 80% of approved medical expenses. Listed below are the most common types of insurance arrangements (indemnity plans) providing health care to groups of employees.

A basic health insurance plan, covering hospitalization, surgery and physicians' care in the hospital.

A major medical insurance plan, usually supplementing a basic plan by reimbursing charges not paid by that plan.

A comprehensive plan, covering both hospital and medical care with one common deductible and coinsurance feature.


Health Maintenance Organizations.

Health maintenance organizations (HMOs) provide health care for their members through a network of hospitals and physicians. Comprehensive benefits typically include preventive care, such as physical examinations, well baby care and immunizations, and stop-smoking and weight control programs.

The main characteristics of HMOs are as follows:

The choice of primary care providers is limited to one physician within a network; however, there is frequently a wide choice for the primary care physician.

There is no coverage outside the HMO network of hospitals and physicians.

Costs are lower, due to limited choice. Physicians are encouraged to keep patients healthy; accordingly, they often are paid on a per capita basis, regardless of how much care the patient needs.

The employer prepays HMO premiums on a fixed, per-employee basis.

Employees do not have to apply for reimbursement of charges, but they may have small co-payments for medical services.

Preferred Provider Organizations.

Preferred provider organizations (PPOs) fall between the conventional insurance and health maintenance organizations, and are offered by conventional insurance underwriters. A PPO is a network of physicians and/or hospitals that contracts with a health insurer or employer to provide health care to employees at predetermined discounted rates.

Some of the key elements of a PPO are:

It offers a broad choice of health care providers. Because of the broader choice of providers, PPOs are more expensive than HMOs.

It may have less comprehensive benefits than HMOs, but the benefits usually can meet almost any need.

PPO providers usually collect payments directly from insurers. Although there is no requirement for employees to use the PPO providers, there are strong financial reasons to do so.

Dental Benefits.

Medical insurance frequently includes dental plans. Most plans cover all or portions of the cost for the following services:

Cleaning, x-rays and oral examinations.
Fillings.
Crowns and dentures.
Root canals.
Oral surgery.
Orthodontia (these portion of the cost covered here are generally quite limited, if at all)

Health Savings Accounts.

The Health Savings Account(HSA) is considered an alternative to traditional health insurance. It is a savings account that offers consumers a way to pay for medical expenses. You own and control the money in the HSA and can determine how to spend the money.

You must be covered by a High Deductible Health Plan (HDHP) to take advantage of HSAs. For 2008, to qualify for the HSA, your minimum deductible in your HDHP must be at least $1,100 (single coverage) or $2,200 (family). These minimum deductibles increase to $1,150 (single) and $2,300 (family) for 2009.

The HSA allows employees to deduct contributions to the HSA even if they do not itemize deductions. For 2008, the maximum annual HSA contribution for an individual is $2,900 and for a family, it is $5,800. (These contribution limits increase in 2009 to $3,000 and $5,950, respectively.) The HSA plan allows employees who are covered by a high-deductible health plan to contribute pre-tax amounts that will be used to cover medical expenses or used later for retirement. Qualified amounts contributed to an employee's HSA by an employer can be excluded by the employee. Distributions from the HSA are not taxable as long as they are used for medical expenses.

Balancing Cost, Quality And Accessibility

In summary, when deciding on a health plan, consider what you and your workers want in a plan. Determine all costs associated with the plan. Investigate the quality of potential insurance carriers.

Examine the quality of each plan, including the benefits and restrictions.

Hospital coverage (inpatient care).
Outpatient services.
Physical coverage.
Substance abuse treatment.
Prescriptions.
Check on underwriting and other restrictions that may exclude you from the health plan:
Employee medical histories.
Minimum employer contribution.
Minimum participation by eligible employees and dependents. Waiting periods.
Proof of employee status.
Purchase of other benefits.
Other limitations - what isn't covered.

Check on the extent to which your company can control costs. This might include prior review of hospital admissions to determine necessity of hospitalization. Or it could mean concurrent review of hospital stays to confirm continuing need of hospitalization.

Management programs for catastrophic cases might be used. These programs arrange for the most cost-effective care.

Planning Pointers

Before you implement any benefit plan, you should ask yourself some questions:

How much are you willing to pay for this coverage?
What kinds of benefits interest your employees?
Do you want employee input?
What do you think a benefits plan should accomplish?
Do you think it is more important to protect your employees from economic hardship now or in the future?
Do you want to administer the benefits plan, or do you want the administration done by an insurance carrier?
What is your employee group like today?
Can you project what it might look like in the future?


You now have some basic benefits information as well as the basic questions that need answers before you go benefit shopping for your employees.

An adequate benefit program has become essential to today's successful business, large or small.
With careful planning you and your employees can enjoy good health and financial protection at a cost your business can afford.
Additional Resources:

Do You Have a Living Trust?

A trust, like a corporation, is an entity that exists only on paper but is legally capable of owning property. A flesh and blood person, however, must actually be in charge of the property; that person is called the trustee. You can be the trustee of your own living trust, keeping full control over all property legally owned by the trust.

There are many kinds of trusts. A "living trust" (also called an "inter vivos" trust) is simply a trust you create while you're alive, rather than one that is created at your death under the terms of your will.

All living trusts are designed to avoid probate. Some also help you save on death taxes, and others let you set up long-term property management.

Do I need a living trust?

Property you transfer into a living trust before your death doesn't go through probate. The successor trustee, the person you appointed to handle the trust after your death, simply transfers ownership to the beneficiaries you named in the trust.

In many cases, the whole process takes only a few weeks and there are no lawyer or court fees to pay. When the property has all been transferred to the beneficiaries, the living trust ceases to exist.

Is it expensive to create a living trust?

The expense of a living trust comes up front. Many lawyers would charge relatively little for drafting your will, in hopes of getting your estate later as a client. They may charge more for a living trust.

Some people have chosen to use a self-help book or software program, to create a Declaration of Trust (the document that creates a trust) yourself. They may consult a lawyer if they have questions that the self-help publication doesn't answer. But there's always the danger of problems they don't see, that a lawyer could help avoid if consulted.

Is a trust document ever made public, like a will?

A will becomes a matter of public record when it is submitted to a probate court, as do all the other documents associated with probate, inventories of the deceased person's assets and debts, for example. The terms of a living trust, however, need not be made public.

Does a trust protect property from creditors?

Holding assets in a revocable trust does not shelter them from creditors. A creditor who wins a lawsuit against you can go after the trust property just as if you still owned it in your own name.

After your death, however, property in a living trust can be quickly and quietly distributed to the beneficiaries (unlike property that must go through probate). That complicates matters for creditors; by the time they find out about your death, your property may already be dispersed, and the creditors have no way of knowing exactly what you owned (except for real estate, which is always a matter of public record). It may not be worth the creditor's time and effort to try to track down the property and demand that the new owners use it to pay your debts.

On the other hand, probate can offer a kind of protection from creditors. During probate, known creditors must be notified of the death and given a chance to file claims. If they miss the deadline to file, they're out of luck forever.

Do I need a trust if I'm young and healthy?

Probably not. At this stage in your life, your main estate planning goals are probably making sure that in the unlikely event of your early death, your property is distributed how you want it to be and, if you have young children, that they are cared for. You don't need a trust to accomplish those ends; writing a will, and perhaps buying some life insurance, would be simpler.

Can a living trust save taxes?

A simple probate-avoidance living trust has no effect on either income or estate taxes. More complicated living trusts, however, can greatly reduce your federal estate tax bill if you expect your estate to owe estate tax at your death.

Thursday, October 9, 2008

Palin Tax Returns for 2006 and 2007 Released

RICHARD T. PIENCIAK, reported for the Associated Press gave an excellent breakdown of the tax returns which were released by Sarah and her husband. Here are some of the highlights of his story. I'm reprinting this article cause I've an opinion on this mess....and mess is what I call it!


As you read, I'm gonna give you a link to the specific tax code and you can form your own opinion and see if you think the Palin’s are milking the Federal Government.



ANCHORAGE, Alaska (AP) — Sarah Palin is the breadwinner and husband Todd is, well — he takes a lot of deductions for his fishing and snowmachine racing careers, according to 2007 and 2006 federal tax returns released Friday.


Sarah Palin makes $125,000 a year as Alaska governor. Plus, since she took the job in December 2006, she hasn't paid taxes on the more than $17,000 she received in controversial per diem payments for working out of the family's lakeside home in Wasilla — some 575 miles from the capital of Juneau.


For the 2007 tax year, Todd Palin's self-employment brought him $66,893 in gross receipts — $49,893 from fishing and $17,000 from snowmachine racing. But, the returns show, he claimed so many deductions that he reported only $15,513 net profit from the fishing operation and claimed a $9,639 loss from his racing, leaving him with an overall net income of only $5,874. In addition, Todd earned $43,519 last year working part-time on the North Slope for BP Exploration.


The self-employment deductions left the Palins, who have four dependent children, with a 15 percent tax rate for 2007 and a rate of less than 10 percent for 2006. Todd Palin also deducted for the business use of their home in Wasilla. A fifth child was born to the couple this year.


An Associated Press analysis of the returns released by the McCain campaign also reveals that the Palins underpaid their estimated taxes with an April extension and likely owe interest.


Todd Palin offset his $17,000 gross receipts for snowmachine racing by claiming $10,858 in depreciation, $2,425 for car and truck expenses and $1,559 for supplies. An additional $11,405 was claimed for "other," which included fuel, entry fees, equipment parts, repairs and maintenance, cell phone, memberships, "sponsorship apprec" and "gear."


The governor's husband claimed $34,380 in deductions for his fishing business — more than two-thirds of the gross receipts. He claimed $12,245 in crew share payments, another $2,953 for car and truck expenses, $5,866 for depreciation, $4,181 for supplies.


When he was on snowmachine duty, he claimed $192 for travel and no deductions for meals and entertainment. While fishing, he claimed $2,194 for travel and another $680 for meals and entertainment, which is deductible at 50 percent of cost.


On the 2006 return, Todd Palin had total receipts from the fishing and snowmachine racing of $48,082, but after deductions his net income was $10,164.


Sarah Palin was only governor for one month in 2006, and Todd Palin earned $102,716 working for BP Exploration, a post he says he's temporarily left.


"This is a lady who screams about everyone in federal government taking advantage, and she's taking every advantage she can," said Sheldon Cohen, IRS commissioner in the Johnson administration. "They are milking every possible deduction. They have a right to, if it's legitimate. The question is, is he in the racing business or is it a hobby?"


Robert Cross, first vice president of the National Society of Accountants, said the Palin business deductions were "typical middle America, John and Jane Plain," but he felt they would definitely owe interest and "possibly a small penalty, depending on all the circumstances."


An underpayment noticed by the AP could lead to interest charges against the Palins but probably not penalties.


On an undated extension form filed with a $2,000 check dated April 11, the Palins claimed an estimated tax liability of $22,721 and total withholding payments of $20,721. The attached check meant the couple believed they had paid all of their taxes for 2007, as required. However, when they filed their taxes last month, dated Sept. 3, their tax liability turned out to be $24,738 — meaning they owed an additional $2,017.


IRS rules require that when a taxpayer files for an extension in April, all outstanding taxes must be paid at that time.


When asked if the Palins had paid any interest or penalties, and if so, how much, Maria Comella, a McCain-Palin spokeswoman, said the couple had paid "at least $2,017," and that the campaign was researching if an additional payment had been made.


"In April, they made a reasonable estimate of what they would owe, and they underpaid," she acknowledged.


"They're going to be billed the interest," said Cohen, who has contributed to the Obama-Biden campaign. He said the Palins would likely avoid penalties because their tax payments as of April for last year were higher than all payments made the prior year.


Overall, the 2007 return shows that last year the couple had an adjusted gross income of $166,080 and paid $24,738 in taxes — about a 15 percent rate after deductions. In 2006, the records show, the Palins earned $127,869 as adjusted gross income, with taxes paid listed at $11,944 — less than a 10 percent rate.


On federal financial disclosure forms, also released Friday, Palin and her husband listed assets worth from $960,000 to $2.3 million. Because the values of assets are reported in broad ranges, it's not possible to calculate an exact value for their holdings.


Like many Americans, their most valuable asset is their home. Theirs, in Wasilla, is valued at $500,000 to $1 million. According to the Matanuska-Susitna Borough, the land and structure are appraised at $552,100.


Their next most valuable asset is a fishing leasehold, worth $100,000 to $250,000. Todd Palin's fishing business was valued at $50,000 to $100,000, and his snowmobile racing enterprise was put at $15,000 to $50,000.


Todd Palin also has a retirement account worth $50,000 to $100,000, and he owns a variety of mutual funds in a 401(k) retirement plan through his employer, the oil company BP. Sara Palin also has retirement accounts from the state of Alaska and the city of Wasilla, where she was once mayor, valued at $115,000 to $250,000.


The Palins also own shares of two land parcels worth a combined $51,000 to $115,000.


On their tax returns, the Palins said they donated $8,105 to charity over the two years. The bulk of the donations came in "gifts by cash or check" — $4,250 in 2006 and $2,500 last year.


Comella said the Palins gave the money to local churches, but she would not elaborate.
The Palins made noncash charitable contributions, claiming "thrift store value" of $825 for a Dec. 31, 2007, donation to the Salvation Army of Wasilla.


The column used to describe the donated items states only "Wasilla Alaska." When asked to explain, Comella said, "I believe this is actual things that were part of their property — furniture, clothing and so forth. That was generally what they donated."


For the 2006 tax year, the couple listed two noncash donations of "crib," household goods and clothing to the Salvation Army of Wasilla, with a fair market value of $1,000, and more goods and clothing, with a fair market value of $230. While the value of the two donations total $1,230, the tax return only claims $630.


Asked to explain the missing $600 on the actual return, Comella said that figures in two columns had been reversed — that the $1,000 was actually the donor's cost and the $400 listed under that category was actually the fair market value. That would make the total donation the same $630 listed elsewhere on the Palin return.


"It was a typographical error that didn't change any of the main numbers," said Comella.


More recently, the IRS has tightened documentation rules for all charitable contributions.
Regarding the per diem dispute, Comella said Juneau is the governor's
home base and therefore whenever she works elsewhere, she is entitled to charge the state. Comella contended the per diem payments are not taxable.


Cohen said it was fine for the state of Alaska to determine it was OK to reimburse Palin to work out of her home, but the state's decision didn't mean those benefits were not taxable by the federal government. "One has nothing to do with the other," said Cohen.


As a seasoned tax preparer, I personally think Todd's fishing fun is making things smell a little fishy at the IRS, in Washington and in my mind. If this article brings anything, it should make you open your eyes and asking yourself, "do you think I can believe her politics or her ethics?". I have my opinion and you can form your own.

Is Sarah Palin Facing Tax Fraud?


When news broke last week that Alaska Gov. Sarah Palin received more than $17,000 in state-issued per diems for evenings spent in her own home, tax preparers, like myself began raising eyebrows wondering, “what is she thinking?” For one thing, it made me wonder if she had ever declared and paid taxes on that money as income.

Including travel reimbursements for Palin's family members, the Washington Post reported that the total amount of potentially taxable income totals over $60,000 for Palin's first 18 months as governor. That amount is more than most families make in a year and it makes one wonder just how much it takes to raise five children.

Seth Colter Walls, reporter for the Huffington Post, reported in September some interesting facts that we all can learn from. Here is a brief excerpt from his article:

1) Where is Palin's "tax home"?

This is a central question to the mystery. It would make sense, as some have assumed, that Palin's "tax home" is Juneau, the seat of government in Alaska. Since Palin is granted the use of a state mansion there, her job does not necessarily require transit back and forth to Palin's other home in Wasilla, where she filed for her personal per diems.


"If you (and your family) do not live at your tax home (defined earlier), you cannot deduct the cost of traveling between your tax home and your family home. You also cannot deduct the cost of meals and lodging while at your tax home."
Palin did not request per diems for lodging in her own home, but did use them for meals. The only exception here would be if the meals were for official state business.

2) What about those trips for her family members?

According to John Bogdanski, a tax professor at the Lewis and Clark Law School:

It does not appear that such deductions would have been allowable for any amounts attributable to travel by her husband and children. Section 274(m)(3) of the Internal Revenue Code strictly forbids deductions for bringing spouses and dependents along on business travel unless the spouses and dependents (a) are employees of the taxpayer (here, the taxpayer is the governor), (b) are traveling for a bona fide business purpose, and (c) would otherwise be entitled to deduct the travel on their own tax returns. Unless Palin's spouse and kids are also her employees and she can show that they were away on their own businesses, their expenses would not be deductible by the governor. And therefore she cannot exclude from income any per diems attributable to any of them. (By the way, since she's the employee, the income would be required to be reported on her own return, not her kids'.)

Since the bulk of the reimbursement money Palin received from the state of Alaska was for her family, it's easy to see how a mistake on this level could be a big story.

3) The "indefinite" assignment as governor

But it's not certain that Palin is completely in the clear for her own per diems, either. While many state legislators across the country often accept per diem reimbursements for travel to their respective state capitals, their per diems are non-taxable because the length of work is not seasonal and not "indefinite."

Again, from IRS publication 463, which defines an "indefinite" assignment as any that lasts a full year:

"If your assignment is indefinite, you must include in your income any amounts you receive from your employer for living expenses, even if they are called travel allowances and you account to your employer for them."

This would seem to discount an argument made over at The Corner. Guessing from the detail of Palin's receipts that she was reporting them as part of an "accountable" system of reimbursement, they argued that "it seems likely that this is the type of plan the State of Alaska has for its employees. Payments from an accountable plan are in fact reimbursements for expenses incurred and are not taxable."

But not, perhaps, if the work assignment in question is "indefinite." A four-year term as governor with a tax home in Juneau would seem to fit that definition, as far as per diems racked up in Wasilla are concerned.

Sounds to me like Sara has a lot to answer to regarding her per diems. It also makes this writer wonder, “if she takes advantage of her own State governments budget, what will she take from American taxpayers if she gets in the doors of Federal government?”.

Upcoming Tax Changes for the 2008 Filing Season


The IRS has published changes in legislation which may affect your taxes this year. And let’s admit the inevitable, in a time of recession and economic hardships for all classes of taxpayers, we could all use some tax breaks for the coming filing season.

Take some time to look through the following changes and see if any of these will affect your tax liability reduction.


Additional Child Tax Credit

The income threshold for the Additional Child Tax Credit has been lowered to $8,500 for tax year 2008 only.

0% Capital Gain

The 5% net long-term capital gain rate drops to 0% for those taxpayers who are in the 10% or 15% tax brackets.

Real Property Tax Deduction

Non-itemizers may claim an additional standard deduction for state and local real property taxes paid. The maximum deduction is $500 ($1,000 MFJ).

Refundable First-time Homebuyer

Credit Taxpayers who purchased a principal residence after April 8, 2008, through June 30, 2009, and who have not owned a principal residence in the previous 3 years may claim a refundable credit for 10% of the purchase price. The maximum credit is $7,500 ($3,750 MFS). Eligibility for the credit phases out for modified AGI between $75,000–$95,000 ($150,000–$170,000 MFJ). Note: The credit must be repaid in 15 equal installments starting in 2010. Repayment is accelerated if the home is sold or no longer used as a principal residence.

Recovery Rebate Credit

The rebate that was paid in 2008 will be reconciled on the 2008 tax return. Taxpayers will receive any additional credit due, but don't need to repay any excess credit received.

Kiddie Tax

Kiddie tax now applies to children who are younger than 18, children who are 18 unless they provide more than half of their own support based on earned income, and children who are 19 to 23 and full-time students — unless they provide more than half of their own support based on earned income.

Depreciation

The maximum Section 179 deduction for tax years starting in 2008 has been increased to $250,000. A phaseout of this amount starts when more than $800,000 of qualifying property is placed in service during the tax year. Additional first-year 50% "bonus" depreciation is the default provision for property placed in service in 2008.

Tax Provisions in the Bailout Legislation

Like millions of Americans, I have been glued to the news and television trying to get a handle on the bailout. Television gives you just a brief recap and no major details. The newspapers give their spin on the events but have left me still seeking more information.

I decided on go online and surf for the facts. Here is some of what I found, but I’ll have to tell you, I’m still in the clouds. See if you can get a better understanding.

The Emergency Economic Stabilization Act, the bailout package for the financial services industry, adds an enormous variety of tax credits, tax deductions, extensions, and even a few tax hikes. I imagine there's at least one tax change that affects you in the final version of the bill that was passed by both the Senate and the House.

The final version of the financial industry bailout plan has added in a wide array of tax breaks, and tax increases, for businesses and individuals of all types. "Taken as a whole, the Senate tax package would cost $150.5 billion over 10 years. Of that amount, about $43.5 billion would be offset" with tax increases according to the New York Times.

The Emergency Economic Stabilization Act (HR 1424) passed the Senate on October 1, 2008, by a vote of 74 in favor to 25 against. Here's the roll call of the Senate vote showing who voted for and against the bill.

The House of Representatives passed HR 1424 on October 3, 2008, by a vote of 263 in favor to 171 against. Here's the roll call of the House vote. "The bill now heads to President Bush who is eager to sign it," reports the New York Times. President Bush signed HR 1424 into law later the same day.

The legislation would provide the Treasury Department with the ability to "purchase, insure, hold, and sell a wide variety of financial instruments, particularly those that are based on or related to residential or commercial mortgages" and would increase the insurance for bank deposits under the FDIC and the NCUA. (Quote from Senate financial rescue legislation, Congressional Budget Office blog.)

The legislation also change a wide variety of tax laws relating to executive compensation in the financial industry, tax breaks for energy efficiency and transportation, tax relief for taxpayers affected by disasters, and a long list of tax provisions that would impact nearly every taxpayer. Here are highlights of tax provisions that impact individual and self-employed taxpayers.
Here is a list of links that I researched and may provide you with more information:

·Full text of HR 1424 and other legislative information (Library of Congress)
·Staff Summary of the Tax Proposals in the Emergency Economic Stabilization Act of 2008 (Senate Finance Committee, pdf, 2 pages)
·Staff Summary of the Energy, Extenders, AMT and Disaster Tax Provisions in the "Emergency Economic Stabilization Act of 2008" (Senate Finance Committee, pdf, 27 pages)
·Emergency Economic Stabilization Act downloads from the Senate Banking Committee
·Summary from CQ Politics
·Summary from Don't Mess with Taxes
·Summary from the New York Times
·Roll call of the Senate vote on HR 1424
·Senate financial rescue legislation (budget analysis from the Congressional Budget Office)
·Behind the Economic Bailout
·How the Economic Bailout Affects You

If you’re have troubling picturing or even understanding what $700 billion looks like, Jess Bachman over at WallStats.com has this breakdown of what it might take to raise $700 billion from American taxpayers.

Good lucks folks, no matter how they word it, taxpayers are and have already been paying for the financial world’s expertise, if that is what you want to call it. Where I come from it’s called Corporate greed and power.

Livestock Sold Because of Drought

The IRS provides additional time to replace livestock that were sold because of the prolonged drought in parts of the United States. Each September, the IRS issues a listing of the counties and parishes that experienced exceptional, extreme, or severe drought to help taxpayers determine whether the replacement period has been extended for their area.

The list, found in Notice 2008-86 can be used instead of the U.S. Drought Monitor maps to determine whether an extended replacement period applies for livestock sold because of drought. The notice also explains the circumstances under which the four-year replacement period under Section 1033(e)(2) is extended for livestock sold on account of drought.

The full text of Notice 2008-86 is available on NATP’s website. This is a great website for both tax professionals and taxpayers. The NATP provides updated explanations for IRS updates and changes.



The "Use It or Lose It" Rule


The IRS has issued guidance in Notice 2008-82 detailing how military reservists who are called to active duty may avoid the "use-it-or-lose-it rule" that generally applies to unused funds in a health flexible spending account (health FSA).

The Heroes Earnings Assistance and Relief Tax Act of 2008, enacted June 17, 2008, amended Sec. 125 to provide a special rule allowing distributions of unused amounts in a health FSA to reservists ordered or called to active duty. The new rule applies to distributions made on or after June 18, 2008.


Additional Resources:





TaxAlmanac provides one of the best articles of explanation. Here is an excerpt:


House Reaffirms Commitment to America’s Armed Forces

Bill would provide essential tax relief to military families

WASHINGTON, D.C. - The House of Representatives approved bipartisan legislation to deliver tax relief to the men and women of our nation’s armed services, as well as others volunteering in service in America. The bill, H.R. 6081, the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008, also makes a critical change to current law that will enable thousands of active duty military families to qualify for economic stimulus payments. H.R. 6081 passed the House by a vote of 403-0.

“This bill is called the HEART Act, but I would prefer to call it the thank you bill – thank you to the tens of thousands of American men and women who have responded to America’s call to fight this war and place themselves in harm’s way to serve this nation,” said Chairman Charles B. Rangel (D-NY), chief sponsor of the HEART Act. “This bill enhances their ability to get tax benefits such as the Earned Income Tax Credit, buy homes, make penalty-free withdrawals from their pension plans, access amounts held in a Flexible Savings Account, and remove other impediments that keep them from getting the relief they deserve.

“The HEART Act would also make an important change to the recently-passed stimulus bill to allow thousands of active duty military families to receive a stimulus check they were previously denied because one spouse did not have a Social Security number,” said Chairman Rangel. “This legislation corrects this injustice to ensure that our active duty military families are not disadvantaged under our tax laws.”

Both the House and Senate have passed earlier versions of the HEART Act. H.R. 6081 is an attempt to streamline provisions in those bills for final passage.

Among other things, the Heroes Earnings Assistance and Relief Tax Act of 2008 would:

Clarify that active military who file a joint tax return would be eligible for the stimulus rebate payment even if the spouse does not have a Social Security number.

Make permanent the ability to include combat pay as earned income for purposes of the Earned Income Tax Credit (EITC);

Make permanent and modify qualified mortgage bonds used to finance residences for veterans;

Modify the Uniformed Services Employment and Re-employment Rights Act (USERRA) to allow the day prior to the date of death to be treated as the date the employee returned to work for purposes of triggering payment of benefits under a qualified plan;

Permit an employer to make certain contributions to a qualified pension plan on behalf of an employee who is killed or become disabled in combat;

Make permanent the expiring Internal Revenue Code provision that permits active duty reservists to make penalty-free withdrawals from retirement plans;

Permit recipients of military death benefit gratuities to roll over the amounts received, tax-free, to a Roth IRA or an Education Savings Account;

Provide a tax credit for small employers with respect to differential wage payments to employees who are on active military duty;

Permit members of the reserves members called to active duty to withdraw amounts held in a Flexible Spending Account (FSA) without penalty;

Extend current law excise tax for failure to comply with the mental health parity requirements for benefits for services furnished on or after the date of enactment through December 31, 2008;
Ensure fairer treatment of military families with disabled children who depend on Supplemental Security Income (SSI) payments.