Posts Tagged ‘tax returns’

The Tax Club Investigates: The Importance of Proper Record Keeping

Wednesday, March 17th, 2010

In the middle of tax season everyone is trying to meet deadlines and provide their accountants with the necessary information to file returns accurately. However, this task can be daunting for individuals that have not properly kept records for themselves or their business. Financial statements, receipts, invoices, and proof of transactions must be accurately kept over the life of the business. Unfortunately people do not know what needs to be documented, how to document expenses, or why proper documentation is important. Recording proper expenses such as traveling, vehicle, and meals and entertainment expenses can result in not being audited and lead to a beneficial tax return.

                Keeping track of traveling expenses can be very beneficial to a business owner. The IRS, bookkeepers, and accountants need to see everything in writing before deductions can be taken and returns can be accurately filed. When taking a business trip be sure to document the purpose of the trip, who you are going to be meeting, and the exact duration of the trip. Documenting this information legitimizes the travel as a business expense and gives financial consultants the information they need to reduces the chance of an audit. However, the business owner must be savvy when distinguishing between business and personal travel. If you travel to a destination and engage in both personal and business activities, you can deduct your traveling expenses to and from the destination only if the trip is primarily related to your business. Trips that are primarily personal in nature will not be able to be claimed as traveling expenses. However if some business activities take place on a personal trip, you may be able to claim particular expenses you incur at the destination. Through proper documentation of time, primary purpose, and attendees the opportunity will be created for the IRS and accountants to deem the expense deductible.

                Another expense that needs to be documented correctly when dealing with travel is vehicle expenses. A person looking to account for vehicle expenses must keep a mileage log to track the miles used for the business. The vehicle log must display the date, destination, purpose of the trip, and the number of miles driven for the business. Accountants will then be able to apply one of two methods. The standard mileage method allows a person to deduct 55 cents per mile. This method must be used the first year the car is available for use in the business and the method can be changed in following years. The actual mileage method will allow people to deduct the business portion of the vehicle expenses such as: tires, oil/gas, registration fees, licenses, insurance, maintenance, repairs, and depreciation. Once this method is used, the standard mileage method can no longer be applied in the following years. The car must be owned by the owner for this method to be put into use. Incorrectly using either of these methods or not actually having a mileage log may result in an audit by the IRS.

                The next important item that is most commonly recorded incorrectly is meals and entertainment expenses. Business owners often find themselves in positions where they would like to entertain a customer or future client. Depending on the client or the venue these costs can become very substantial over time. Properly documenting meals and entertainment can lead to deducting 50% of the cost. Ordinary activities such as lunch, baseball games, or concerts fall into the realm of meals and entertainment if the activity is business related. If you are trying to make a sale to a client and you take him to a Yankees game to complete the sale then the deduction can be made. Once again a receipt must be kept and proper documentation must be prepared in regards of whom you met with, what was discussed, what was the purpose of the meeting, and what the business relationship was with you and all those in attendance. Properly recording such events allows a business owner to take part in exciting venues, entertain clients for future sales or business and claim deductions.

                Keeping proper records allows business owners to present themselves confidently if an audit occurs. Records need to be kept for as long as 7 years if at some point you file a claim for a loss from worthless securities or bad debt deductions and as little as three years after you file a claim for credit or refund. Accurately recording expenses and transactions may be a hassle over time but if kept correctly they can result in more profitable business returns and a successful business.

The Tax Club Investigates: What to Do When You Get an IRS Notice

Tuesday, February 23rd, 2010

The first thing most people do when they receive a notice from the IRS is freak out.  A notice from the IRS does not necessarily mean that you or your tax preparer did anything wrong.   The most important thing to remember is to not panic. 

Make sure you read the notice carefully to determine the issue.  If after reading the notice you are unsure what it says, then call the number in the upper right hand portion of the notice to speak to an IRS official who will be able to help you.  Once you determine the issue, gather all relevant documents and tax returns and review the paperwork.

The worst course of action is to do nothing.  Do not just ignore the notice—the IRS will not forget about the issue and your problems could increase. 

After determining what the notice is about, then you will have to act accordingly.  If the notice is proposing changes to your return and you agree with the changes, you do not need to respond to the IRS.  If you disagree with the changes, you should respond to the IRS by the reply by date on the notice and explain what items you take issue with.  The notice should have an address where to send your reply.  Make sure that you save any copies of correspondence with the IRS for your files. 

If you use a professional tax preparer, contact them immediately and give them a complete copy of the notice.  Most likely, the professional will be able to research and resolve the issue fairly quickly.  If you do not have a paid preparer, consider contacting one for help with dealing with any issues that you do not fully understand.

We here at the Tax Club are committed to assisting you with any or all of your tax issues. Please contact us for a free tax consultation at (866)840-1829 x5438

STRICT ENFORCEMENT OF S CORPORATION TAX COMPLIANCE FORTHCOMING

Monday, February 1st, 2010

The Government Accountability Office recently released a report recommending Congress and the IRS to address long-standing problems with S corporation tax compliance.

S corporations have been around since the 1980s and are considered the most popular entity choice for closely-held businesses. It’s easy to understand why this entity has gained so much popularity since its conception. Aside from providing shareholders with the same liability protection afforded to the shareholders of C corporations, S corporations allow the income, deductions and tax credits to flow through to shareholders, regardless of whether distributions are made. Thus, income is taxed at the shareholder level and not at the corporate level. Also, income from the S corporation is not subject to employment taxes and certain corporate penalty taxes do not apply to this hybrid entity.

According to data provided by the IRS, about 68 percent of S corporation returns filed misreported at least one item. Deducting ineligible expenses was determined to be the most frequent error on the returns. There were also a lot of mistakes found in the calculation of the basis of shareholders when claiming losses that flowed through to their personal returns. The amount of losses that a shareholder can claim on his tax return is limited to his basis in the S corporation. Apparently, tracking basis remains to be one of the biggest challenges for shareholders.

In addition, it appears that a large number of S corporations failed to pay adequate wages to shareholders for the services that they render to the company. A reasonable compensation is required to be paid to shareholders who are deemed employees because of the work that they perform for the corporation. Not doing so would lead to the underpayment of employment taxes and the IRS will re-characterize the profits and levy interest and penalty for non-compliance. This is considered a serious issue by the GAO, who announced that the net shareholder compensation underreporting equaled roughly $23.6 billion!

The IRS has not released any clear guidance on what tantamount to reasonable compensation and this is seen to hinder compliance and enforcement. Studies show that the average S corporation allocates about 41.5% of the profit to shareholders in the form of salaries and the remaining 58.5% in the form of K-1 distributions. Among tax professionals, however, the following practices have been resorted to when determining how much is reasonable:

  • Using industry averages and surveys
  • Finding salary data online at various websites that offer salary calculators
  • Determining how much comparable employees are paid by comparable corporations

 The IRS generally agreed with the Government Accountability Office’s recommendations and that indicates more audits will be performed on S corporations in the near future. Now that the IRS is beginning to take a harder look at S-corporations, both the shareholders and their tax professionals should carefully evaluate if the deductions taken on the tax return could withstand intense scrutiny, determine if the salary paid to the shareholder/employee is reasonable, re-calculate the basis of the shareholders and be vigilant in maintaining good business records.

Because the S corporation is such a popular strategy for our clients, we will be keeping a close eye on these issues.  We here at the Tax Club are committed to assisting you with any or all of your tax issues. Please contact us for a free tax consultation at (866)840-1829.

Is E-Filing The Fix For A Crazy Tax Season?

Thursday, January 28th, 2010

In this age of abundant technology, corporations keep making our lives easier. We can electronically mail each other instantly; we can order and watch movies and television shows on our computers; we can even carry around our entire music collection in phones small enough to fit in a pocket. The question is, will e-filing be the next step on this ladder of progress? It seems likely.

The process is far from brand new; the IRS piloted the e-filing system 24 years ago, during the 1986 filing season. Back then, the types of returns were limited, and you could only e-file at three locations nationwide. Over 25,000 taxpayers took advantage of the system and those who used it found the system so useful that it was implemented by the next tax year. Since then, the IRS has worked on perfecting the security and the simplicity of e-filing to make sure any taxpayer can reap the benefits. 

Their efforts were so successful that in 2008, 58% of all returns that the IRS received were e-filed, and 78% of tax preparers reported that they e-filed for themselves and for their clients. The consumer has spoken: electronically filing taxes online is the most straightforward way to file. The IRS quickly learned that easier for the taxpayer meant easier for them, and so they are still working hard to make e-filing even more efficient. 

The software does not only help taxpayers fill out their usual information. It also helps them with navigating complex tax laws and discovering new deductions, as well as fixing errors and discrepancies. 

Taxpayers who use the system agree that the three biggest difficulties with filing are basically eradicated with the e-filing system.  

  1. Choosing a form is automatic. Once you input your information, the e-filing software selects the form that best suits your needs. With the forms being chosen for you, you’re less likely to lose money on mistakes and delays.
  2. Ensuring the delivery of your return is easy. The IRS acknowledges receipts of e-filed returns earlier than non-e-filed returns, since sending them is instantaneous. As mentioned earlier, last year the IRS was able to contact taxpayers within 48 hours to inform them of their return’s status. Mailed returns can take much longer, and papers can easily be lost. This speedy confirmation also means that receiving your refund no longer needs to take weeks and weeks. If you e-file and set up direct deposit with the IRS, you can get your refund in as quickly as 10 days.
  3. Messy forms and mistakes are diminished by the simplicity of typing your information, and by the software’s ability to correct errors. This doesn’t only make you look more professional, it also saves you time and money, allowing you to be more productive during tax season.

So this tax season, join the growing number of taxpayers who electronically file. Be your most professional, productive self, and spend April 15th organized with extra time and money.

If you require a free tax consultation, please feel free to call 866-840-1829 x5438

Haiti Aid Donations May Be Tax Deductible

Thursday, January 21st, 2010

The people in Capitol Hill are considering legislation allowing the taxpayers to deduct their Haiti aid donations on their tax returns. Introduced by a bipartisan group of lawmakers from both Houses in Congress, the legislation would pave the way for individuals who make charitable contributions to help victims of the recent earthquake in Haiti to claim an itemized charitable deduction on their 2009 tax return instead of waiting until next year.

“The American people are responding with generosity and compassion to the devastating earthquake in Haiti, donating their hard-earned money and time so that those who are suffering may soon find relief,” said the Chairman of the House Ways and Means Committee, Charles Rangel. He is joined by ranking member Dave Camp, majority whip James Clyburn and Republican whip Eric Cantor in introducing this legislation. This move is intended to encourage the American people to contribute generously to the relief efforts mobilized around the world in the wake of the catastrophic earthquake in Haiti last week.  This impoverished country is asking for fiscal help to start the long process of rebuilding and restoring order to its communities.

The IRS allows contributions to domestic, tax-exempt, charitable organizations that provide assistance to people in foreign lands to qualify as tax-deductible contributions for federal income tax purposes, provided that the U.S. organization has full control and discretion over the use of such funds. Contributions to foreign organizations generally are not deductible. Contributions to benefit specific individuals or families are also not deductible. For individuals, the deduction is made on Schedule A, Itemized Deductions, and the amount that may be deducted is limited to 50% of the adjusted gross income. However, the non-deductible portion may be deducted on the taxpayer’s future tax returns. To qualify as a tax deduction, the donations must be substantiated by a bank record or a written communication from the charity showing the name of the organization, the date when the contribution was made and the amount of the contribution.

To avoid being victimized by phony scams that proliferated in the aftermath of the earthquake, the public is advised to be vigilant and to check the track record of each organization before making their donations. Fraudulent schemes may be perpetrated through the telephone, internet, e-mail or in-person solicitations. Check with the IRS if you have a specific charity in mind and would like to verify if it is a qualified organization. Some organizations, such as churches or government institutions, may be qualified even though they are not listed on the IRS website.

Because Congress unanimously passed a similar bill in 2005 in the wake of the Indian Ocean tsunami, it is expected that this new legislation will be passed as well. The donations would have to be made before March 1 to qualify for 2009 deductions. Please call the Tax Club at (866)840-1829 ext. 5438 if you would like to know more about claiming your Haiti aid donations on your tax return.