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Small Business Tax Incentives and Credits in American Recovery and Reinvestment Tax Act of 2009

Monday, March 2nd, 2009

The American Recovery and Reinvestment Act includes approximately $300 billion of net tax cuts. The new stimulus act includes tax provisions that may impact you and your small business. You will want to familiarize yourself with the plan’s new tax relief provisions.

Several key tax provisions include:

  • New 5-year net operating loss (NOL) carryback rule.
  • Deferral of certain income from the discharge of indebtedness
  • Extension of the existing bonus depreciation rules, which allows businesses to immediately deduct half of the cost of qualifying purchases rather than depreciating them over time
  • Temporary increase in limitations on expensing of certain depreciable business property
  • Special rules applicable to qualified small business stock
  • Provision that temporarily shortens the holding period of S-corporation assets that can be sold without tax on built-in gains..

If you have IRS tax problems, our specialized staff of tax attorneys, CPAs, and EAs can help. Visit the Tax Resolution Services web site for a free tax relief consultation or call us at 866-477-7762.

Cracking Down on Businesses with Payroll Taxes Problems: New Economic Stimulus Plan Calls for Heightened IRS Enforcement

Friday, February 27th, 2009

I recently blogged about the new economic stimulus package and how it affects your IRS bill. In addition to funding deficit-reduction activities, the federal government is looking at ways to close the tax gap by taking a closer look at employment tax returns.

According to the most recent estimates, payroll tax mistakes cost the IRS $15 billion – and tax experts agree that today’s figure is much greater! For several years now, the agency has been pushing to increase tax compliance by taking aggressive action against tax cheats and tax promoters.

The IRS is in the early stages of implementing random exams of employment tax returns (the plan is to start in 2010). They hope to figure out how much payroll tax mistakes such as misclassification of workers and other employment tax errors actually contribute to the tax gap.

Because of the growing tax gap, more and more Americans are facing audits – as well as intrusive, and sometimes illegal, collection tactics by the IRS. Small business owners also need to know how to avoid common payroll tax problems, and how to avoid and resolve tax audits to protect the future of their businesses.

Generally, owing payroll taxes is the “kiss of death” for many small business owners, and many lose their businesses. Your payroll tax debt and penalties can add up quickly! And it’s important to note that the IRS is the only creditor on the planet that can pierce the corporate veil  and go after the owners/shareholders/members individually. They do this by assessing what’s commonly referred to as the Trust Fund Recovery Penalty (TFRP).

If you are a small business that needs tax help, you need to hire specialized tax resolution experts to fight the IRS on your behalf.

If you have payroll tax problems or need IRS help, our specialized staff of tax attorneys, CPAs, and EAscan help. Visit the Tax Resolution Services web site for a free tax relief consultation or call us at 866-477-7762.

Time is Running Out for Non-Filers to Claim the Tax Refund They’re Entitled To

Tuesday, February 24th, 2009

Last year, the government estimated that unclaimed refunds totaling approximately $1.2 billion were waiting to be claimed by about 1.3 million taxpayers who neglected to file a federal income tax return for 2004. While this year’s numbers haven’t been released yet, taxpayers still need to file their 2005 tax return with the IRS office no later than April 15, 2009 t0 be eligible for their tax refunds.

You will lose your tax refund if you do not file within 3 years of the due date of the tax return.

In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim the refund within three years, the money becomes property of the U.S. Treasury.

Last year, the IRS  estimated that about half of the taxpayers who could claim refunds for tax year 2004 would get a refund of at least $552. The IRS website offers a state-by-state breakdown of estimates for individuals who failed to file a 2004 return.

There is no penalty assessed by the IRS for filing a late return qualifying for a refund. But you can’t get it unless you file the tax return. Don’t take a chance on losing your tax refund.

Taxpayers seeking a 2005 refund will have their their checks withheld if they have not filed their tax returns for 2006 or 2007. In addition, the refund will be applied to any amounts still owed to the IRS and may be used to satisfy unpaid child support or past due federal debts such as student loans.

By failing to file a return, individuals stand to lose more than refunds of taxes withheld or paid during 2005. Many low-income workers may not have claimed the Earned Income Tax Credit (EITC). Although eligible taxpayers may get a refund when their EITC is more than what they owe in tax, those who file returns more than three years late would be able only to apply it toward the taxes they owe (if any). They would not be able to receive a refund if the credit exceeded their tax.

Current and prior year tax forms and instructions are available on the Forms and Publications page of the IRS Web site or by calling 1-800-829-3676.

If you have unfiled tax returns, our specialized staff of attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site for a free tax relief consultation or call us at 866-477-7762.

Ask The Tax Resolution Expert: Get Your Tax and Financial Questions Answered for Free

Tuesday, February 24th, 2009

IRS Problem Solver Michael Rozbruch at Free FM Los Angeles, originally uploaded by taxresolution.com.

Part of my job as is educating the public to help them make better decisions about their personal and business finances. That’s one of the reasons why I love this blog so much!

That’s why I’ve decided to start a regular feature where I answer questions from you! If you have questions about how you can resolve your IRS debt or how you can work with the IRS to negotiate a tax resolution, I’m sure other people out there have the same questions too and can benefit from our expert professional advice!

I hope you find this helpful – especially in this struggling economy, I think it’s important for people to find ways to become smarter with their finances and get the tax help they need.

Got questions about tax audits, wage garnishments, IRS bank levies, payroll tax problems, or tax relief in general? Call us today at 1-866-IRS-PROBLEMS or visit www.taxresolution.com for a free tax resolution consultation.

I will answer your questions in our Ask the Tax Resolution Expert column!

IRS Settlement Helps Taxpayer in Tacoma, WA Save More Than $16,000

Monday, February 23rd, 2009

Wanted to share some kind words from a client in Tacoma, Washington. We were able to greatly reduce her tax liability by negotiating a tax settlement with the IRS on her behalf.

I did not have time or the knowledge to deal with the audit and you helped us with all the details. You were very helpful and informative. The process was explained in detail and this made our experience overall great. You were able to negotiate my tax liability from over $20,000 to $3,800.

Angela B., Tacoma, WA

Read more of our tax resolution client testimonials here.

If you are in trouble with the IRS, our specialized staff of attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site for a free tax relief consultation or call us at 866-477-7762.

Common Tax Filing Errors Cropping up on 2008 Returns Filed Early

Friday, February 13th, 2009

I received an interesting newsletter from Kiplinger with a few tax tips that I wanted to share. I also encourage you tocheck out Kiplinger for the 11 most overlooked tax deductions.

And remember, if you can’t afford to pay you taxes this year, there are options like negotiating a tax settlement or a payment plan. You can also seek professional tax help so that your account is placed under “currently not collectible” status so that you will not be placed under collection.

As the tax filing season beings, common errors are cropping up among tax returns that have been filed early.

Most involve the 2008 tax rebate… payments of up to $1,200 for couples and $600 for single taxpayers, plus another $300 for each dependent child under 17

Many taxpayers who got the rebate are incorrectly claiming a credit for it on their returns. That is causing a lot of electronically files returns to be rejected. The main culprits are filers whose rebates were grabbed by IRS to offset tax debts. Instead of listing the pre-offset amount of the rebate in their tax software programs, they entered a rebate of zero, so the programs erroneously claimed a credit for them. (The credit is available only to taxpayers whose 2008 tax situations qualified them for a larger credit.) Others who got rebates are mistakenly claiming the credit again.

If you had a lot of trouble reaching the IRS’ toll free help line in 2008… Don’t expect much improvement this filing season, Treasure inspectors say. Questions about the tax rebate caused the IRS phone lines to be jammed at times in ‘08, as millions of taxpayers either waited an average of nearly 10 minutes on hold or heard busy signals or a recorded message to call back later. With more questions about the rebate likely this filing season, the Service has added enough extra staff to handle about 4.5 million more calls in ‘09 than last year. But Treasure warns that the number of extra calls is likely to be closer to 9 million. If that is correct, millions of filers will need all the patience they can muster when seeking IRS’ help.

If you are in trouble with the IRS, our specialized staff of tax attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

IRS Announces Unprecedented Opportunity for Recession-Burdened Americans to Settle Outstanding Tax Debts

Friday, February 13th, 2009

With tax season quickly approaching, the IRS has announced that it will be providing help to those Americans struggling to meet their tax obligations this year. This means that distressed taxpayers plagued by mounting medical bills, heavy reliance on Social Security assistance, or recent job losses may now be eligible for a tax break. Struggling taxpayers may be eligible for relief as IRS eases enforcement and collection efforts to help Americans in financial distress.

I know this is a difficult time for many Americans facing financial hardship, but with the IRS pledging to offer greater flexibility to troubled taxpayers, there’s a unique opportunity for Americans to get the tax help they need now to resolve their IRS debt.

If you cannot afford to pay your taxes, the IRS encourages you to contact them directly. However, I recommend consulting with a highly qualified tax professional first.

Taxpayers who owe more than $25,000 to the IRS will be required to provide full financial disclosure, and they will need to hire specialized tax resolution experts to negotiate on their behalf. Additionally, tax relief professionals can help you negotiate an Installment Agreement where you pay your liabilities over time, while arranging for the lowest possible monthly payment and providing you with various options for making those payments.

If you cannot afford to make monthly payments and don’t qualify for another type of tax relief, such as an offer in compromise, know that there are other options including negotiating that your account be placed in a “currently not collectible” status so that you will not be required to make payments and the IRS will not pursue collection action.

If you are in trouble with the IRS, our specialized staff of attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

What the IRS May Not Tell You About Payment Plans

Thursday, February 12th, 2009

In this challenging economy, more taxpayers are going to need tax help and will be hoping to pay their tax debt by negotiating payment plans with the IRS to pay their liabilities over time.

It is important to note that the IRS continues to add penalties and interest while you are making monthly payments. This may cause you to be paying what you consider a large monthly payment to the IRS and your outstanding balance may in fact be increasing due to additional penalties and interest.

The IRS may not explain this to you! So be careful!

Additionally, for taxpayers that enter into an installment agreement, the IRS may require a signed waiver to extend the time IRS can collect. While it is always in the best interest of the IRS to get a signed waiver, it may not be in the taxpayer’s best interest. If you are asked to sign a waiver, protect your rights, seek the advice of a tax resolution expert first.

The IRS in most cases, to protect their interest, will file a Notice of Federal Tax Lien, with the County Recorder’s office in the county you reside.  This will inevitably be reflected on your credit report decimating your credit (FICO) score.  In addition a recorded Federal Tax Lien means the IRS has a monetary interest (claim) against all real and personal property owned (at time of filing) and any and all real or personal property acquired in the future while the lien is in effect. Generally, the lien is effective throughout the 10 year Collection Statute of Limitations.

If you need help settling your tax debt, our specialized staff of attorneys, CPAs, EAs and tax professionals can help you successfully resolve your IRS problems. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

Mind Your Own Business 2009 -The Unexpected Highlight of the Day

Thursday, February 12th, 2009

Tax resolution specialists Michael Rozbruch and Brian Compton at Mind Your Own Business 2009, originally uploaded by taxresolution.com.

Brian and I attended Finance Day 2009 last weekend. The All-You-Need-To-Know-About-Your-Money Event was a big success. I conducted several seminars on strategies for alleviating tax debt. I was also featured on a panel with KFI’s Bill Handel, host of “Handel on the Law.”

But the best moment of the whole event by far, was having one of our clients drove get up in front of a large audience to personally thank me and my team at TRS for helping him win his tax settlement. He even brought is Offer in Compromise acceptance letter from the IRS. It was amazing!! This client owed about $464,000 to the IRS and settle for about $33,000!

If you are in trouble with the IRS, our specialized staff of tax attorneys, CPAs, and EAs can help. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

Frequently Asked Questions about IRS Payment Plans

Wednesday, February 11th, 2009

If you are in a position when you think you can settle your tax debt over time, you should consider negotiating an Installment Agreement with the IRS. If you qualify for this program, the IRS allows you to pay your debt in small installments that allow you to chip away at your tax liabilities without leaving you so broke you can’t live your life. You can think of it like a car payment — a significant but manageable monthly bill that you must account for and which, in the end, will satisfy for your debt.

Here are some frequently asked questions about negotiating a payment plan with the IRS.

What do you have to do to be eligible for an installment agreement?

To be eligible for an installment agreement, all returns that are due must first be filed.

What are the payment terms?

Installment agreements generally require equal monthly payments. The amount of an installment payment will be based on the amount owed and on the taxpayer’s ability to pay that amount within the time legally available for the IRS to collect. By law, the IRS has the authority to collect outstanding federal taxes for ten years from the date of assessment.

What are the conditions of an installment agreement?

As a condition of an installment agreement, any refund due in a future year will be applied against the amount owed. Therefore, taxpayers may not get all of their refund if they owe certain past-due amounts, such as federal tax, state tax, a student loan, or child support. The IRS will automatically apply the refund to the taxes owed. If the refund does not take care of the tax debt, then the installment agreement continues until all of the terms are met.

What are the benefits of hiring a tax resolution specialist to negotiate my Installment Agreement  with the IRS?

Whether the IRS demands full payment up-front or a payment plan that is substantially higher than what you can afford to pay, a professional tax resolution specialist can help you negotiate an arrangement for the lowest possible monthly payment and also provide you with various options for making those payments. And if you owe more than $25,000 to the IRS, you will be required to provide full financial disclosure and you will need to hire professional representation to negotiate on your behalf with the IRS.

Does interest stop with an installment agreement?

Interest does not stop accruing until the entire obligation is paid. An installment agreement is more costly than paying all the taxes owed now. Penalties and interest continue to be charged on the unpaid portion of the debt throughout the duration of an installment agreement.

Are there fees to set up an installment agreement?

The IRS charges a user fee of $43 to set up the installment agreement. And it is possible for an installment agreement to be reinstated if the agreement defaults. Also, installment agreements may be restructured to include additional amounts owed in one agreement. Reinstating or restructuring an existing installment agreement will cost an additional $24 user fee.

What are enforced collection actions?

Generally, IRS enforced collection actions (levy against personal or real property) are not made while an installment agreement request is being considered, or:

While an agreement is in effect,
* For 30 days after a request for an agreement has been rejected, and
* For any period while a timely appeal of the rejection or termination is being evaluated by the IRS.

Can my installment agreement be defaulted?

Yes. Failure to make timely payments can default the agreement. A defaulted installment agreement could subject a taxpayer’s account to enforced collection action and potentially have a negative effect on a taxpayer’s credit standing.

What is an annual statement of balance due?

In accordance with the law, installment agreement taxpayers receive an annual statement from the IRS. The statement provides the amount owed at the beginning of the statement period, the payments (credits) posted to account(s), any fees or assessments, and the ending balance. Currently, the annual statement is sent each year in July.

If you have tax problems, our specialized staff of attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

How to Negotiate an IRS Installment Agreement and Set Up a Payment Plan for Your Tax Debt

Wednesday, February 11th, 2009

An Installment Agreement is a payment arrangement whereby the government allows a taxpayer to pay liabilities over time. Once a payment plan is established, the IRS will not take enforced collection action, including the levy of bank accounts or wages, as long as the taxpayer remains current with all filing and payment obligations. However, interest and penalties would continue to accrue until the outstanding balance is satisfied. Additionally, a tax lien may be filed as part of the terms of the installment payment agreement, depending on the amount of the total liability.

The IRS encourages taxpayers to pay what they owe as quickly as possible. For those individuals or businesses not able to resolve a tax debt immediately, an installment agreement can be a reasonable payment option. Installment agreements allow for the full payment of the tax debt in smaller, more manageable amounts.

In most cases, the IRS will accept some type of payment arrangement for past due taxes.

However, if you owe more than $25,000 to the IRS, you will be required to provide full financial disclosure and you will need to hire specialized tax representation to negotiate on your behalf with the IRS. It is also important to know what the IRS may not necessarily tell you about payement plans.

In order to qualify for a payment plan with the IRS you must meet the following rules and provide the IRS with this information:

*  You must have filed all tax returns (It’s OK to owe money but you must file).
* You will need to disclose all assets owned including all cash and bank accounts.
* You must not have adequate cash available in a checking, savings, money market, or brokerage account to pay the IRS.
* You must not have the capacity to borrow the amount owed to the IRS from other sources (i.e., a second mortgage on your home).
* You must not have adequate equity in a retirement account from which you can borrow or liquidate; for example, IRA’s or 401K’s.

The total dollar amount you owe usually dictates with whom the negotiations will be handled.

* Typically, IRS Revenue Officers are not involved in cases where the amounts owed are less than $25,000.
* The IRS will ask you to complete a personal financial statement and if a business is involved, you will also need a business financial statement.
* The IRS has determined allowable monthly expenses for individuals, which will be matched against your actual monthly expenses.
* The difference between your monthly income and your allowable monthly expenses will be the amount that the IRS will require you to pay on a monthly basis.

These monthly payments will continue until your outstanding tax liabilities are paid in full.

If you need help settling your tax debt, our specialized staff of attorneys, CPAs, EAs and tax professionals can help you successfully resolve your IRS problems. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

IRS Pledges Greater Flexibility to Help Distressed Taxpayers on Payment Plans

Tuesday, February 10th, 2009

Although the IRS is pledging to be kinder and gentler to taxpayers in these challenging times, it is still important to meet your installment payment requirements. However, the IRS has announced that they will “try” to be more flexible with taxpayers who miss an installment payment.

One way recession-burdened Americans can settle back taxes is by negotiating an Installment Agreement with the government that that allows payment of liabilities over time. And now, if a taxpayer with an existing installment agreement is worried about missing a payment because of a job loss or other financial hardship, Shulman has assured the public that a missed payment will no longer lead to an automatic end to that agreement.

Additionally, the IRS has announced that it is more likely to forgive a missed payment and they’ve instructed staff to not automatically default someone who is having trouble.

If you have tax problems, our specialized staff of attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.

What Everyone on Madoff’s 162-Page Client List Should Know About Recovering Losses through Tax Deductions

Thursday, February 5th, 2009

Today Bernie Madoff’s client list was made public revealing even more high-profile individuals defrauded by the $50 billion Ponzi scheme. Among the names disclosed today are John Malkovich, Barbara Bach (Ringo Starr’s wife), Kevin Bacon and Dodgers great Sandy Koufax.

What these fraud victims need to know is that they can recoup 30-40% of their losses if they take advantage of Internal Revenue Code Section 165. So if you’ve paid taxes on investment gains that turned out to be false, you can recover some of their money back in the form of tax deductions or possibly even refunds.

This can be accomplished by converting capital stock losses into “ordinary” losses and offseting them against prior, current and future ordinary taxable income, thereby reducing the taxes paid in those years, and receiving a refund with interest.

But anyone attempting this should know that they will need specialized tax help because this is an incredibly technical, time consuming and complex process. Additionally, to recuperate any previously paid taxes, you will need to go back and amend your tax returns, which means you will inevitably be audited.

And in our current economic recession, the IRS is even more reluctant to bail out Madoff victims.

Therefore, investors seeking relief from fraud should know that while there are clear tax benefits to deducting a fraud loss, but they should be prepared to come under IRS scrutiny and have expert tax representation in place to help them successfully defend their claims.

For more advice and information on investment fraud representation, visit the Tax Resolution Services web site for a free tax relief consultation or call 866-477-7762.

February 18th Small Business Teleseminar Postponed

Thursday, February 5th, 2009

Just a quick note that the Small Business Teleseminar “Standing Up to the IRS Un-Armed Can and Will Cost You” scheduled for Feb. 18 has been cancelled.

It has been rescheduled for Wednesday, May 13.

Geitner and Daschle Tax Scandals May Lead to Tougher IRS Compliance Initiatives

Thursday, February 5th, 2009

It is a known fact that 1 in 6 (or about 16%) of the taxpaying public have tax problems.  Given the current state of the economy, I expect that rate to increase significantly.  It’s not surprising that high profile people have tax problems too. As a matter of fact, it is not uncommon for high income earners to have issues with the IRS.

Unfortunately, the Obama Administration may be sending the wrong message to the American taxpaying public by apparently condoning the behavior of Tim Geitner and Tom Daschle.  Although Daschle withdrew his name as a nominee for the Health and Human Services Secretary is still leaves a bad taste in people’s mouths. And I am positive that if he weren’t named as a nominee he would still owe the IRS $120,000 + today.

However, these recent tax scandals involving Obama administrative appointees may end up leading the way to tougher tax compliance. It is likely as the new head of Treasury, Geitner will be pressured to send meaningful signals through strong IRS compliance initiatives- since the ‘other side of the aisle’ will be looking for an opportunity to attack a key lieutenancy of the Obama administration for past ’sins.’

Politics aside, strong tax compliance is one of the very few ways the Administration has to offset a rapidly ballooning federal deficit- the current annual tax gap…what should have been paid v. what was collected…is approaching $400 billion or half the TARP.

As a recent article in the Washington Post points out, the current tax system is complicated but the tax code can hardly be blamed for the recent problems of Obama administration appointees who came up short in what they owed the government.

TaxProf adds: “These are not rocket-science kinds of tax issues. I take them at their word, but on the other hand, these were not cases of something really esoteric.”

If you are in trouble with the IRS, our specialized staff of tax attorneys, CPAs, EAs and tax professionals can help. Visit the Tax Resolution Services web site  for a free tax relief consultation or call us at 866-477-7762.