14 Mayıs 2012 Pazartesi

FUTA rate change

To contact us Click HERE

I apologize for the lateness of this post. Quarter end taxes and forms come first though. The IRS has finally reduced the FUTA rate. Not to complicate matters, but the rate changes mid year. From July 1, 2011, the Federal Unemployment rate (FUTA) will change from 6.2% to 6.0%. Most companies are eligible for a 5.4% credit, which reduces your effective FUTA rate from 0.8% to 0.6%. However, some states may have a credit reduction if their state unemployment system (SUTA) has not paid back their loan from FUTA. All of your FUTA liability gets reconciled when you file Form 940 at the end of the year.

WHAT THIS MEANS: All gross pay for the first six months will be calculated at the .8% rate. This is more for IRS audit purpose. All gross pay in the last six months that is still liable for FUTA, will be at the .6% rate. When the 940 form is filed at the end of the year, it will be figured at the .6% rate plus any state credit reduction that may apply. Any over payments will be refunded at that time by the IRS.

If you need help in understanding this law change and how it will effect your business now and at the end of the year, please call us at 765-288-7243, or via our website www.tpspayroll.com and click the contact tab.

2011 Mileage Reimbursement Rates (July)

To contact us Click HERE
Here is another mid-year change from the IRS. This is at least beneficial. Beginning July 1, the standard rate to calculate deductible costs of operating an automobile for business use increases from $.51 to $.555 per mile. Please click here to view the IRS news article for more information

As part of our payroll service, we can help you track those mileage reimbursements and calculate the correct taxes. This way you can be sure that your W-2 calculations will be accurate at the end of the year.

Please call us at 765-288-PAID or visit us on the web at www.tpspayroll.com.

Background checks

To contact us Click HERE
Should you use social networks as part of your background check?
Yes and No. Yes. You can learn a lot about potential employees. You can understand their character more by the things the post and say, as well as who they are friends with, and what they allow others to post on their wall.
No. Some
people might wave the "invasion of personal privacy" flag around. My personal opinion is that you allowed it to be public when you signed up for these sites. However, the more important issue is it can also be misleading and you could risk not hiring an employee that could take your business even further than you could imagine.
The following article came across my desk the other day and I thought I'd share it with you. I think it best captures the reason why you can't always rely on these social network sites.



A Modest Proposal: Social Network Background Checks

So there I was on one knee with my hands cuffed behind my back in Little Italy on a beautiful day in May of 1996. Click. Someone took a picture. People started to gather around. More clicks and flashes.

I’ve been thinking a lot about this moment for a few months now since I’ve been contemplating the role social networkings sites should or should not have in the employment background screening and hiring process.

Why? Because this was one of the most important days in my life. It was the day I proposed to my wife. You see, I decided to get creative with my proposal. I always thought it would be fun to have a police officer pull me over with my wife in the passenger seat and then instruct her to take the registration out of the glove compartment. Of course, instead of the registration, she’d find the ring. And that’s exactly what happened. I just didn’t know that the officer (who was a friend of the family) would actually put me in cuffs (that was a little side idea he and my father hatched unbeknownst to me) but it definitely made the moment seem all the more real.

So why am I telling you this story? I had mentioned that a number of people took pictures. Some of those people were members of my family who were lurking around waiting for the big moment. Others were complete strangers that couldn’t believe the spectacle. So far as I know, those pictures were never posted on Facebook. But what if they were and a prospective employer saw them? Would they understand this was a gag? Would they know it wasn’t real? What if they never asked me about it?

What if it was real? Should an employer be able to use that against me?

There’s been a lot of talk for a couple years now about whether employers can and should use social networking sites are part of their employment screening processes. Findings from our annual background screening survey showed that of the nearly 800 respondants, 25% used LinkedIn, 34% used Google, 30% used Facebook and 22% used Twitter to screen candidates. 44% said they would like their screening provider to offer this service in the future. And while I was staunchly against this practice for a long time, I am slowly softening my position. However, it is stories like these that continue to give me reason for pause.

I’m sure we all have a story or two like this. So what do you think? Are social networking sites fair game?

P.S. In spite of the fact that I scared the begeebies out of my wife, she actually said yes (sucker!) and we’ve been married for 14 years.

I hope you found this article as useful as I did. One, I watch what I say and others post about me very carefully. Two, I learned to the information I might find with a grain of salt. If I'm really troubled about something, I will ask the potential employee to explain. Generally, if explained, good or bad, I'm more likely to hirer them than one who refuses to explain.

James P
Total Payroll Soluton

Identity Theft Crackdown Sweeps Across the Nation; More than 200 Actions Taken in Past Week in 23 States

To contact us Click HERE
WASHINGTON – The Internal Revenue Service and the Justice Department today announced the results of a massive national sweep cracking down on suspected identity theft perpetrators as part of a stepped-up effort against refund fraud and identity theft.

Working with the Justice Department’s Tax Division and local U.S. Attorneys’ offices, the nationwide effort targeted 105 people in 23 states. The coast-to-coast effort took place over the last week and included indictments, arrests and the execution of search warrants involving the potential theft of thousands of identities and taxpayer refunds. In all, 939 criminal charges are included in the 69 indictments and informations related to identity theft.

In addition, IRS auditors and investigators conducted extensive compliance visits to money service businesses in nine locations across the country in the past week. The approximately 150 visits occurred to help ensure these check-cashing facilities aren’t facilitating refund fraud and identity theft.

“This unprecedented effort against identity theft sends a strong, unmistakable message to anyone considering participating in a refund fraud scheme this tax season,” said IRS Commissioner Doug Shulman. “We are aggressively pursuing cases across the nation with the Justice Department, and people will be going to jail. This is part of a much wider effort underway at the IRS to help protect taxpayers.”

“The Justice Department is working closely with the IRS to investigate, prosecute, and punish tax refund crimes committed through the theft of identities,” said Principal Deputy Assistant Attorney General John A. DiCicco of the Tax Division. “Now, more than ever, we must remain vigilant against the unauthorized use of identification information to defraud the U.S. government.”

The national effort is part of a comprehensive identity theft strategy the IRS has embarked on that is focused on preventing, detecting and resolving identity theft cases as soon as possible. In addition to the law-enforcement crackdown, the IRS has stepped up its internal reviews to spot false tax returns before tax refunds are issued as well as working to help victims of the identity theft refund schemes.

The law-enforcement sweep started last week across the country, reflecting investigative efforts stretching back months and even years.

The nationwide effort by the Justice Department and the IRS led to actions taking place in 23 locations across the country with 105 individuals. The actions included 80 complaints/indictments and informations, 58 arrests, 19 search warrants, 10 guilty pleas and four sentencings. A map of the locations and additional details on the actions are available on IRS.gov, the IRS Civil and Criminal Actions page and the Department of Justice Tax Division page.

Beyond the criminal actions, the IRS enforcement personnel conducted a special sweep last week and on Monday to visit 150 money services businesses to help make sure these businesses are not knowingly or unknowingly facilitating identity theft or refund fraud. The visits occurred in nine high-risk places identified by the IRS covering areas in and surrounding Atlanta, Birmingham, Ala., Chicago, Los Angeles, Miami, New York, Phoenix, Tampa and Washington, D.C.

In addition, the IRS has more than 250 check-cashing operations under audit across the country and will be looking for indicators of identity theft as part of the exam effort.

The information from these audits and compliance visits will be used to assist continuing IRS investigations into refund fraud and identity theft.

The IRS also is taking a number of additional steps this tax season to prevent identity theft and detect refund fraud before it occurs. These efforts includes designing new identity theft screening filters that will improve the IRS’s ability to spot false returns before they are processed and before a refund is issued, as well as expanded efforts to place identity theft indicators on taxpayer accounts to track and manage identity theft incidents.

To help taxpayers, the IRS earlier this month created a new, special section on IRS.gov dedicated to identity theft matters, including YouTube videos, tips for taxpayers and a special guide to assistance. The information includes how to contact the IRS Identity Protection Specialized Unit and tips to protect against “phishing” schemes that can lead to identity theft.

Identity theft occurs when someone uses another’s personal information without their permission to commit fraud or other crimes using the victim’s name, Social Security number or other identifying information. When it comes to federal taxes, taxpayers may not be aware they have become victims of identity theft until they receive a letter from the IRS stating more than one tax return was filed with their information or that IRS records show wages from an employer the taxpayer has not worked for in the past.

If a taxpayer receives a notice from the IRS indicating identity theft, they should follow the instructions in that notice. A taxpayer who believes they are at risk of identity theft due to lost or stolen personal information should contact the IRS immediately so the agency can take action to secure their tax account. The taxpayer should contact the IRS Identity Protection Specialized Unit at 800-908-4490. The taxpayer will be asked to complete the IRS Identity Theft Affidavit, Form 14039, and follow the instructions on the back of the form based on their situation.

Taxpayers looking for additional information can consult the Taxpayer Guide to Identity Theft or the IRS Identity Theft Protection page on the IRS website.

IRS Issues Regs On Exclusion For Injury/Sickness Damages

To contact us Click HERE
The IRS has released final regulations relating to the exclusion from gross income for amounts received on account of personal physical injuries or physical sickness. The final regulations reflect amendments made by the Small Business Job Protection Act of 1996 (P.L. 104-188) and affect taxpayers receiving damages on account of personal physical injuries or physical sickness and taxpayers paying these damages.

The final regulations adopt without substantive change proposed regulations (NPRM REG-127270-06) issued on September 15, 2009. The proposed regulations deleted the requirement that, to qualify for exclusion from gross income, damages received from a legal suit, action, or settlement agreement must be based upon "tort or tort type rights." The proposed regulations provided, instead, that the Code Sec. 104(a)(2) exclusion may apply to damages recovered for a personal physical injury or physical sickness under a statute that does not provide for a broad range of remedies, and that the injury need not be defined as a tort. These regulations are effective January 23, 2012, and apply to damages paid pursuant to a written binding agreement, court decree, or mediation award entered into or issued after September 13, 1995, and received after January 23, 2012. (T.D. 9573, January 20, 2012.)

FUTA Reminders for 2012

To contact us Click HERE
All of the states have now announced their taxable wage bases for 2012. As usual, there are a number of increases over the wage bases set last year. In addition, Nevada has a decrease in its taxable wage base for 2012. In the table below, states having higher 2012 wage bases than the 2011 wage bases are printed in bold. Nevada, with its lower amount, appears in italics.

FUTA tax figures for 2012

The taxable wage base under the Federal Unemployment Tax Act remains $7,000 for 2012. In addition, all 50 states, as well as the District of Columbia, Puerto Rico and the Virgin Islands, have received certifications for the maximum additional credit allowable based on the 12-month period ending on October 31, 2011.

0.2% surtax expires

The FUTA tax rate is 6.2% for wages paid on or after January 1, 2011, through June 30, 2011. It decreases to 6.0% for wages paid after July 1, 2011, through December 31, 2011, because of the mid-year expiration of the FUTA surtax. As we go to press, there has been no legislation reenacting the surtax for either the latter part of 2011 or for 2012.

Credit reduction states

Employers that pay their state unemployment tax timely and in full receive a 5.4% credit. However, that credit is reduced when a state has outstanding federal loans for two consecutive Januarys. The reduction is 0.3% for the first year and an additional 0.3% for each succeeding year until the loan is repaid. A state that has not repaid the money it has borrowed is called a credit reduction state.

The 0.3% credit reduction states for 2011 (for taxes paid in 2012) are Arkansas, California, Connecticut, Florida, Georgia, Illinois, Kentucky, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Virginia and Wisconsin, plus the U.S. Virgin Islands. Indiana is a 0.6% credit reduction state and Michigan is a 0.9% credit reduction state. South Carolina has received conditional approval for the full FUTA credit.

Taxable Wage Bases for 2012
State — 2012 Wage Base
Alabama — 8,000
Alaska — 35,800
Arizona — 7,000
Arkansas — 12,000
California — 7,000
Colorado — 11,000
Connecticut — 15,000
Delaware — 10,500
District of Columbia — 9,000
Florida — 8,500
Georgia — 8,500
Hawaii — 38,800
Idaho — 34,100
Illinois — 13,560
Indiana — 9,500
Iowa — 25,300
Kansas — 8,000
Kentucky — 9,000
Louisiana — 7,700
Maine — 12,000
Maryland — 8,500
Massachusetts — 14,000
Michigan — 9,500
Minnesota — 28,000
Mississippi — 14,000
Missouri — 13,000
Montana — 27,000
Nebraska — 9,000
Nevada — 26,400
New Hampshire — 14,000
New Jersey — 30,300
New Mexico — 22,400
New York — 8,500
North Carolina — 20,400
North Dakota — 27,900
Ohio — 9,000
Oklahoma — 19,100
Oregon — 33,000
Pennsylvania — 8,000
Puerto Rico — 7,000
Rhode Island — 19,600*
South Carolina — 12,000
South Dakota — 12,000
Tennessee — 9,000
Texas — 9,000
Utah — 29,500
Vermont — 16,000
Virgin Islands — 23,700
Virginia — 8,000
Washington — 38,200
West Virginia — 12,000
Wisconsin — 13,000
Wyoming — 23,000

* Rhode Island has a two-tier taxable wage base for 2012. For most employers it will be $19,600. For those in the highest tax group (9.79%), the taxable wage base will be $21,100.

IRS Reopens Offshore Voluntary Disclosure Program and Increases Top Penalty

To contact us Click HERE
The IRS has reopened the offshore voluntary disclosure program, which closed in 2011, to encourage taxpayers to disclose unreported foreign accounts. The revived program is open-ended, but the IRS reserved the right to change the terms of the program at any time going forward (IRS News Release 2012-5). Additional details will be posted on the IRS website, the IRS advised.

Comment

IRS Commissioner Douglas Shulman announced the reopening of the offshore voluntary disclosure program by lauding the success of past programs. Shulman reported that the IRS has collected $4.4 billion from the 2009 and 2011 programs. Shulman predicted the IRS will collect additional revenue from the 2011 program as it processes cases.

The reopened program is similar to the 2011 program, but there are some differences. The overall penalty framework requires individuals to pay a penalty of 27.5 percent of the highest aggregate balance in foreign bank accounts/entities or value of foreign assets during the eight full tax years prior to disclosure.

The 2011 program imposed a penalty of 25 percent. Unchanged from the 2011 program are reduced penalties of 12.5 percent and five percent for qualified taxpayers, the IRS explained. Individuals who have made voluntary disclosures after the 2011 program ended will be able to be treated under the provisions of the revived program.

The 2009 and 2011 programs were temporary and required taxpayers to request to participate by certain deadlines. The reopened program has no set deadline. However, the terms of the revived program could change at any point, the IRS cautioned. The IRS indicated it could increase penalties in the program for all, or some, taxpayers or defined classes of taxpayers; or, it could decide to end the revived program entirely.

Comment

Shulman reported that the 2009 and 2011 programs have generated 33,000 voluntary disclosures to date.

In related news, the National Taxpayer Advocate recently has ordered the IRS Large Business & International and Small Business/Self-Employed Divisions in a Taxpayer Assistance Directive (TAD) to revoke a memorandum issued on March 1, 2011, to examiners of open cases in the 2009 offshore voluntary disclosure program. The memorandum directs examiners in certain listed categories of cases to stop using their discretion to determine whether to propose an offshore penalty less than 20 percent.

Comment

According to the National Taxpayer Advocate, the IRS materially changed the terms of the 2009 offshore voluntary disclosure program after taxpayers, who relied on the original terms, applied for it. This resulted in the IRS treating similarly situated taxpayers differently.

Reference: PTE §39,015.15

IRS Issues 2011-2012 Priority Guidance Plan

To contact us Click HERE
The IRS has issued the priority guidance plan for 2011-2012. The payroll related items relating to executive compensation, health care, and benefits are below.

(1) Guidance under Code Sec. 51(d) on whether a state workforce agency may accept a Form 8850 Pre-Screening Notice and Certification Request for the Work Opportunity Credit with faxed signatures of the job applicant and the employer.

(2) Revenue ruling under Code Sec. 62(c) on wage recharacterization.

(3) Regulations under Code Sec. 83 to incorporate the holding in Revenue Ruling 2005-48.

(4) Revenue procedure providing model language on Code Sec. 83(b) elections.

(5) Final regulations on cafeteria plans under Code Sec. 125.

(6) Guidance on the $2,500 annual limit on salary reduction contributions to cafeteria plan health Flexible Spending Arrangements (health FSAs) under Code Sec. 125(i), as added by §9005 of the Patient Protection and Affordable Care Act (ACA).

(7) Notice on the applicability of Code Sec. 132(d) and (e) to employer-provided cell phones following enactment of §2043 of the Small Business Jobs Act of 2010. Published: 9/19/11 in IRB 2011-38 as Notice. 2011-72 (Released 9/14/11).

(8) Guidance under Code Sec. 132(f) on the use of smart cards, debit cards and credit cards in providing qualified transportation fringe benefits.

(9) Guidance under Reg. §162(m) on the application of the deduction limitation to certain payments of dividends or dividend equivalents.

(10) Guidance under Code Sec. 162(m)(6), as added by §9014 of the ACA.

(11) Notice under Code Sec. 223 on the effect of Indian Health Service coverage on eligibility to contribute to a Health Savings Account (HSA).

(12) Revenue ruling under Code Sec. 280G and Code Sec. 4999(a) on change in ownership.

(13) Guidance on application of Code Sec. 402(b) to participants in foreign nonqualified deferred compensation plans.

(14) Guidance under Code Sec. 404 on the application of the "in which or with which ends" rule and the exceptions to that rule in Code Sec. 1.404(a)-12(b).

(15) Final regulations on income inclusion under Code Sec. 409A. Proposed regulations were published on December 8, 2008.

(16) Notice on the application of Code Sec. 409A(b), as amended by the Pension Protection Act of 2006.

(17) Guidance under Code Sec. 419A on the definition of post-retirement medical benefits.

(18) Guidance under Code Sec. 424(c)(1)(B) on whether there is a disposition of Incentive Stock Option or Employee Stock Purchase Plan shares on receipt of boot by a target shareholder in a Code Sec. 368(a)(1) reorganization.

(19) Regulations under Code Sec. 457(f) on ineligible plans.

(20) Regulations under Code Sec. 512 explaining how to compute unrelated business taxable income of voluntary employees' beneficiary associations described in Code Sec. 501(c)(9).

(21) Guidance on the employee retention credit under Code Sec. 1400R.

(22) Regulations under Code Sec. 3101(b), Code Sec. 3102(f), and Code Sec. 1401(b) on additional Medicare tax on employees and self-employed individuals as added by §9015 of the ACA.

(23) Revenue ruling under Code Sec. 3121(q) updating Revenue Ruling 95-7 on tips.

(24) Regulations under Code Sec. 3127, Code Sec. 3121(b)(3)(A) and Code Sec. 3306(c)(5) making certain FICA exemptions available for disregarded entities.

(25) Regulations under Code Sec. 3504 designating certain parties who file employment tax returns under their employer identification numbers (EINs) for their clients' workers as persons required to perform acts of employers.

(26) Regulations under Code Sec. 4980G on interaction of Code Sec. 4980G and Code Sec. 125 with respect to comparable employer contributions to employees' HSAs.

(27) Guidance on shared responsibility for employers regarding health coverage under Code Sec. 4980H, as added by §1513 of the ACA. Published: 10/3/11 in IRB 2011-40 as Notice 2011-73 (Released 9/13/11).

(28) Guidance on the reporting requirements under Code Sec. 6056, as added by §1514 of the ACA.

(29) Guidance on the tax treatment of health insurance premium rebates under Public Health Service Act Code Sec. 2718(b), as added by §1001 of the ACA. (Treasury Office of Tax Policy and Internal Revenue Service,Second Quarter 2011-2012 Priority Guidance Plan, January 25, 2012.)

IRS Indicates 2012 Filing Season Brings Many New Changes

To contact us Click HERE
The 2012 filing season brings in many changes for tax return preparers and taxpayers, reported IRS officials Preston Benoit, deputy director of Return Preparer Office, and Jason Langley, lead tax law specialist of Tax Forms and Publications.

At a January 10 webcast hosted by Tax Talk Today, Benoit outlined the format of the registered return preparer competency exam, which is required for return preparers who want to be designated as Registered Tax Return Preparers. Langley also discussed changes to existing forms and the introduction of new tax forms for the 2012 filing season.

Comment

Some of the new forms are Form 8949 for reporting capital gains and losses, and an updated Form 1040-EZ and Form 1040-NR-EZ, which will reflect the payroll tax cut legislation when they are released in the next few months.

Competency Test

As part of its initiative to improve the return preparer industry, the IRS, in 2011, began requiring that return preparers who are not attorneys, CPAs or enrolled agents, must obtain a Preparer Tax Identification Number (PTIN). The second prong of the initiative requires that return preparers pass the registered tax return preparer competency test by December 31, 2013.

"The exam is a basic minimal competency exam," Benoit explained. "The examination is 120 questions; they're all mostly multiple choice or true and false." Exam takers are not allowed to bring prepared materials or notes with them into the exam, but the IRS will provide several resources such as Publication 17, the Tax Guide, and the long version of Form 1040 and its instructions. Benoit cautioned that the exam "is structured in such a way that, if a taker has to look up each and every answer, there may be trouble." The IRS will provide review materials on its website (http://www.irs.gov), and the likelihood of commercial study courses arising in the next two years should enable exam takers to more than adequately prepare for the test. For those who do not pass the exam on the first try, Benoit explained, "They can take the exam as many times as necessary."

Fingerprinting

In the meantime, return preparers who have not yet applied for their PTIN must do so. Benoit reported that the IRS has released applicants from the controversial fingerprinting requirement, although they are still subject to checks on their tax compliance status.

Registered Tax Return Preparer Status

Registered Tax Return Preparers who have passed the competency exam must maintain their status by annually renewing their PTIN and obtaining a minimum of 15 continuing education credits. These include two hours of ethics or professional conduct, three hours of federal tax law updates and 10 hours of federal tax law topics. Attorneys, CPAs and enrolled agents are subject to requirements of their own states, bar associations or other professional organizations and are generally not required to fulfill the IRS continuing education requirements. They must, however, still annually renew their PTINs.

2011 Tax Form Changes

There will be fewer processing delays for the 2011 tax year than there were for 2010. The delays in 2011 were due mainly to the last-minute tax legislation passed by Congress in 2010. "Because there is a lot of last-minute give-and-take to reach a deal, sometimes behind closed doors, we never know what the final legislation is going to be," said Langley. But he offered his assurances: "We don't expect to have any delays for 2011."

Some important changes to the 2011 tax forms include:

Form 1040. Form 1040 now has several blanks where taxpayers may directly input their foreign addresses, eliminating the need to file that information on a separate form.

Schedule L. Schedule L will no longer be required to figure the standard deduction.

Form 1040 and Individual Tax Return Identity Theft. The IRS has included a box for the identity theft protection PIN for victims of identity theft. It appears on the bottom of the second page, to the right of the blank for the spouse's occupation. Taxpayers who suffered identity theft (that is, someone whose information was used to file a fraudulent tax return and not simply someone whose credit cards were stolen) should have received a letter from the IRS at the end of 2011 that contained their PIN. Langley warned e-filers that they must include their PIN. "If they don't enter the PIN, and they received the letter, the return will probably be rejected." Additionally, ‘if they have lost the PIN, there is nothing they can do."

Foreign Financial Assets. Form 8938, Statement of Specified Foreign Financial Assets, has been released. Because of the penalties associated with the failure to file this form when required, preparers and taxpayers should familiarize themselves with the form and its instructions. "They define exactly what a foreign financial asset is, which I think is going to confuse a lot of people," said Langley.

Capital Gains and Losses. Schedule D, which traditionally was used to report capital gains and losses, has been replaced by Form 8949. Schedule D is now a recapitulation of items appearing elsewhere. The new system may change in the future as the IRS receives feedback. "We did focus test the 8949 as we developed it…and Schedule D as well," said Langley. "And depending on the feedback…there will be further changes, I'm sure, to tweak this."

Refundable Credits. Finally, Langley stated that taxpayers who qualify for some refundable credits, such as the adoption credit or the first-time homebuyer credit, must file their returns on paper.

Failure to File Correct Form W-2 by Due Date

To contact us Click HERE
Employers who fail to file a correct Form W-2 by the due date are subject to the following penalty, which is based on when a correct Form W-2 is filed:

(1) $30 per Form W-2 if correctly filed within 30 days after the due date (by March 30 if the due date is February 28), up to a maximum of $250,000 a year ($75,000 for certain small businesses);

(2) $60 per Form W-2 if correctly filed more than 30 days after the due date but by August 1, up to a maximum of $500,000 a year ($200,000 for small businesses); and

(3) $100 per Form W-2 if filed after August 1 or not filed, up to a maximum of $1,500,000 a year ($500,000 for small businesses).

Failure to file correctly means failure to include all information required to be shown on Form W-2, including:

* incorrect information,

* filing on paper when filing electronically is required,
* reporting an incorrect taxpayer identification number (TIN),

* failing to report a TIN, or

* failing to file paper Forms W-2 that are machine readable.

An inconsequential error or omission is not considered a failure to include correct information. However, errors and omissions relating to a TIN, a payee's surname, and money amounts are never considered inconsequential (Code Sec. 6721; Reg. §§301.6721-1(a)(2), 301.6721-1(c)).

New Tax Information Reporting Regulations Proposed for Passport Applicants

To contact us Click HERE
The IRS has issued new proposed regulations under Code Sec. 6039E to replace regulations proposed in 1992 for tax information reporting by applicants for U.S. passports (NPRM REG-208274-86). The new proposed regulations, unlike regulations from 1992, do not provide rules concerning information reporting by individuals applying for permanent residency status.

The proposed regulations require information including: the applicant's full name; address of principal residence within the country of residence; taxpayer identification number (TIN), if the applicant has one, and date of birth. The information is required "regardless of where the applicant resides at the time it is submitted," the IRS explained.

Reference: PTE §39,135.30

Tax Tip Provides Advice to Taxpayers Missing Form W-2

To contact us Click HERE
The IRS has released a tax tip advising taxpayers missing a Form W-2, Wage and Tax Statement (IRS Tax Tip 2012-20). Employees should generally have received a Form W-2 from each of their employers by January 31, 2012, for wages paid in calendar year 2011.

The IRS recommends taxpayers follow four steps if they have not received a Form W-2:

Contact the employer. Taxpayers should inquire whether and when the employer sent the Form W-2. They should allow a reasonable amount of time for the Form W-2 to be reissued or re-sent.

Contact the IRS. If the employer does not provide a Form W-2 by February 14, the taxpayer should contact the IRS and provide the following information: employer's name, address, and phone number; dates of employment; and estimate of wages earned and federal income tax withheld. This information should preferably be based on the employee's final paystub.

File the return. A taxpayer is required to file a 2011 Form 1040, U.S. Individual Income Tax Return, (or request for an extension) by April 17, 2012, even if the taxpayer has not received a Form W-2. If the taxpayer has not received Form W-2, the taxpayer should attach Form 4852, Substitute for Form W-2, Wage and Tax Statement, to Form 1040. Form 4852 contains lines for the taxpayer to estimate income and withholding taxes.

File Form 1040X. If the taxpayer subsequently receives a Form W-2 with different wage and withholding information than the information the taxpayer provided on Form 4852, the Tax Tip states that the taxpayer must file Form 1040X, Amended U.S. Individual Income Tax Return, providing the correct information.

Payroll tax cut extended through 2012

To contact us Click HERE
Congress passed an extension of the 2% payroll tax cut that had been scheduled to expire at the end of February. The extension means 160 million working Americans will continue to pay social security tax on their wages at a 4.2% rate for the rest of 2012, rather than at a 6.2% rate.

Because Republicans and Democrats were unable to agree on how to pay for the extended tax cut, the law included no spending cuts to offset the estimated $93 billion cost of this provision.

The law also provides for long-term federal unemployment benefits, setting the maximum at 73 weeks in states with the worst unemployment and 63 weeks for other states.

Another provision in the law includes the so-called “doc fix” that prevents a scheduled 27% reduction in Medicare payments to doctors.

The unemployment benefits and doctor payments will be paid for by government sales of broadband spectrum, requiring federal workers hired after this year to contribute more to their pensions, and cuts in certain health programs.

Tax Scam Warning: Beware of Phony Refund Scheme Abusing Popular College Tax Credit; Senior Citizens, Working Families and Church Members Are Targets

To contact us Click HERE
WASHINGTON – The Internal Revenue Service today warned senior citizens and other taxpayers to beware of an emerging scheme tempting them to file tax returns claiming fraudulent refunds.

The scheme carries a common theme of promising refunds to people who have little or no income and normally don’t have a tax filing requirement. Under the scheme, promoters claim they can obtain for their victims, often senior citizens, a tax refund or nonexistent stimulus payment based on the American Opportunity Tax Credit, even if the victim was not enrolled in or paying for college.

In recent weeks, the IRS has identified and stopped an upsurge of these bogus refund claims coming in from across the United States. The IRS is actively investigating the sources of the scheme, and its promoters may be subject to criminal prosecution.

“This is a disgraceful effort by scam artists to take advantage of people by giving them false hopes of a nonexistent refund,” said IRS Commissioner Doug Shulman. “We want to warn innocent taxpayers about this new scheme before more people get trapped.”

Typically, con artists falsely claim that refunds are available even if the victim went to school decades ago. In many cases, scammers are targeting seniors, people with very low incomes and members of church congregations with bogus promises of free money.

The IRS has also seen a variation of this scheme that incorrectly claims the college credit is available to compensate people for paying taxes on groceries.

The IRS has already detected and stopped thousands of these fraudulent claims. Nevertheless, the scheme can still be quite costly for victims. Promoters may charge exorbitant upfront fees to file these claims and are often long gone when victims discover they’ve been scammed.

The IRS is reminding people to be careful because all taxpayers, including those who use paid tax preparers, are legally responsible for the accuracy of their returns, and must repay any refunds received in error.

To get the facts on tax benefits related to education, go to the Tax Benefits for Education Information Center on IRS.gov.

To avoid becoming ensnared in this scheme, the IRS says taxpayers should beware of any of the following:

• Fictitious claims for refunds or rebates based on false statements of entitlement to tax credits.

• Unfamiliar for-profit tax services selling refund and credit schemes to the membership of local churches.

• Internet solicitations that direct individuals to toll-free numbers and then solicit social security numbers.

• Homemade flyers and brochures implying credits or refunds are available without proof of eligibility.

• Offers of free money with no documentation required.

• Promises of refunds for “Low Income – No Documents Tax Returns.”

• Claims for the expired Economic Recovery Credit Program or for economic stimulus payments.

• Unsolicited offers to prepare a return and split the refund.

• Unfamiliar return preparation firms soliciting business from cities outside of the normal business or commuting area.

This refund scheme features many of the warning signs IRS cautions taxpayers to watch for when choosing a tax preparer. For advice on choosing a competent tax professional, see Tips for Choosing a Tax Return Preparer on IRS.gov.

For additional information on tax scams, see the 2012 Dirty Dozen list.

Payroll Tax Cut Extended to the End of 2012; Revised Payroll Tax Form Now Available to Employers

To contact us Click HERE
The Internal Revenue Service today released revised Form 941 enabling employers to properly report the newly-extended payroll tax cut benefiting nearly 160 million workers.

Under the Middle Class Tax Relief and Job Creation Act of 2012, enacted February 22, workers will continue to receive larger paychecks for the rest of this year based on a lower social security tax withholding rate of 4.2 percent, which is two percentage points less than the 6.2 percent rate in effect prior to 2011. This reduced rate, originally in effect for all of 2011, was extended through the end of February by the Temporary Payroll Tax Cut Continuation Act of 2011, enacted Dec. 23.

No action is required by workers to continue receiving the payroll tax cut. As before, the lower rate will have no effect on workers’ future Social Security benefits. The reduction in revenues to the Social Security Trust Fund will be made up by transfers from the General Fund.

Self-employed individuals will also benefit from a comparable rate reduction in the social security portion of the self-employment tax from 12.4 percent to 10.4 percent. For 2012, the social security tax applies to the first $110,100 of wages and net self-employment income received by an individual.

The new law also repeals the two-percent recapture tax included in the December legislation that effectively capped at $18,350 the amount of wages eligible for the payroll tax cut. As a result, the now repealed recapture tax does not apply.

The IRS will issue additional guidance, as needed, to implement the newly-extended payroll tax cut, and any further updates will be posted on IRS.gov.

IRS cuts penalties; but don’t forget the forms

To contact us Click HERE
By Eva Rosenberg, MarketWatch

LOS ANGELES (MarketWatch) — For the past several years, as we have struggled with this depressed economy, the kinder, gentler IRS has released announcement after announcement about ways they are trying to help taxpayers.

The latest announcement came last week, all about IRS’s latest installment in their so-called Fresh Start initiative. There’s lots of good news for taxpayers who don’t have enough money to pay their tax balance on April 17.

What the announcement doesn’t make clear is that to get these benefits, you must a file a new form on or before April 17. The new form is Form 1127A.

What does this form get you?

An extension of time pay taxes for 2011. You get until Oct. 15, 2012. That’s a unique benefit. For years, it’s been hammered into our minds that the normal extension, Form 4868, is only an extension of time to file your tax return — not to pay your taxes. Note: If you do not pay your 2011 taxes in full by Oct. 15, 2012, all your penalties on the unpaid balance will be reinstated from April 17, as if you had never filed this form.

A 6-month waiver of the IRS failure to pay penalty, from April 17 to Oct. 15, 2012. Normally, that penalty is ½ of 1% (.005) per month until it reaches 25%. That means, if you pay your 2011 taxes on Oct. 15, 2012, you will save 3% in penalties. If you owe $5,000, 3% savings is worth $150.

What does this form not get you?

It does not get you an extension of time to file your tax return. You still need to file Form 4868. If you don’t remember to file for your extension, you will be subject to the late filing penalty of 5% per month, until it reaches 25%.

It does not give you a waiver of the interest on your unpaid balance. The current interest rate is 3% per year. Much cheaper than credit cards.

Who is entitled to this Fresh Start protection?

Not everyone. The penalty relief will be available to two categories of taxpayers:

Wage earners who have been unemployed at least 30 consecutive days during 2011 or in 2012 up to the April 17 deadline for filing a federal tax return this year.

Self-employed individuals who experienced a 25 percent or greater reduction in business income in 2011 due to the economy.

And there are limitations on income and balance due. A taxpayer’s income must not exceed $200,000 if he or she files as married filing jointly or not exceed $100,000 if he or she files as single or head of household. This penalty relief is also restricted to taxpayers whose calendar year 2011 balance due does not exceed $50,000.

What if you know that you absolutely will not be able to pay the balance due by the October deadline? Is there any hope? Yes.

You can get an installment agreement more easily than before. The IRS has raised the threshold for automatic approval on installment agreements to $50,000 (from $25,000). You now have 72 months to pay your balance in full, including interest and penalties (instead of 60 months). Though you will have to submit a financial statement on Form 433-A or 433-F (the shorter version), to qualify.

You can use the online payment agreement application and get instant confirmation. Or you can mail Form 9465 to the appropriate IRS office. Note: There are fees for these installment agreements. $105 is the base fee for folks paying by cash, check or payroll withdrawal. The fee is reduced to $52 if you agree to have the funds withdrawn automatically from your bank account. If you qualify as a low-income taxpayer based on the data on Form 13844, you can get a reduced fee of $43.

But this will ruin your credit?

Yes, having an IRS debt generally means there will be an IRS lien placed on your credit. That’s why your best bet is always to avoid tax debt altogether. If you can find a way to borrow the money, do so. If you cannot, there is another way to protect your credit.

At the urging of Nina Olson, the National Taxpayers Advocate, the IRS has agreed to do two things to help protect your credit. It all revolves around withdrawing liens.

First, liens will not be filed if your tax debt is under $10,000.

Second, for your 2011 debt, if you agree to a direct debit payment of your installment agreement, IRS will not file the lien.

If a lien has already been filed and you enter into a direct debit installment agreement, IRS will withdraw the tax lien, if you ask nicely.

If you are paying a tax debt now, and you pay it off, the IRS will withdraw the lien, if you request it.

Finally, the IRS has put systems in place to speed up the withdrawal of liens.

Note the word “withdrawal.” That is very different from removing a lien. When someone removes a lien, it remains on your credit for at least seven years. Withdrawing a lien means it’s as if the lien were never there. Withdrawals are designed for the lien to be removed from your credit right away.

Other little benefits

The IRS knows that even with all this help, not everyone will be able to pay their taxes in full, regardless of how much time is provided. There are simply too many people out of work, or under-employed.

So, the IRS has also streamlined their offer-in-compromise (OIC) process for folks with income levels up to $100,000. If your tax debt is up to $50,000, IRS will make it easier for you to pay pennies on the dollar. You will have to file your financial information with IRS on 433-A or 433-F. And if IRS sees that you have enough assets to pay your tax debt, you will not get your OIC. But if it’s clear that you’re insolvent, the IRS will work your case.

None of this is easy. Not all of these benefits will take effect overnight. But, you didn’t get into tax debt overnight, either.

These benefits are predicated on your being in compliance right now. So, if you’re working, be sure to have enough withholding taken from your paycheck to cover your 2012 taxes. And if you’re self-employed, your first priority is to pay your 1st estimated tax installment for 2012 by April 17.

Of course, with an extension and the penalty waiver until Oct. 15, you do have time to run a tax sale or garage sale to generate enough money to cover last year’s taxes. Maybe you won’t need an installment agreement, after all.

Eva Rosenberg, EA is the publisher of TaxMama.com , where your tax questions are answered for free. Rosenberg is the author of several books and ebooks, including “Small Business Taxes Made Easy,” and teaches tax courses at IRSExams.com and CPELINK.

Tax breaks for the unemployed

To contact us Click HERE
CNNMoney.com By Blake Ellis | CNNMoney.com

For unemployed Americans who have watched their savings diminish as they look for work, tax season may finally bring some relief.

Out of work job seekers can deduct all sorts of expenses, including the cost of printing and sending hundreds of resumes, hiring headhunters, even what they spend on travel to interviews. There are also tax perks they can qualify for if they decide to throw in the towel on the job search and become self-employed or freelance.

And for those who can't come up with the money to pay their taxes right away, the IRS is offering the unemployed additional help this year -- a "grace period" that will give them extra time to pay their tax bill without incurring penalties.

"There's no question, most people would rather have a job than have to look for tax breaks for being unemployed," said Mark Luscombe, principal federal tax analyst at accounting firm CCH. "But for those facing an extended period of unemployment, they can benefit from knowing the steps to take to lower their tax bill."

Seeking employment: Job seekers can deduct search-related expenses, including employment and outplacement agency fees, job search site memberships, as well as resume printing and mailing costs.

Travel costs are also fair game. Say you have an interview in Washington, D.C., but live in Ohio. You can write off the airfare or the cost of gas if you drive there. You can even claim these costs if you head to D.C. without an interview lined up, as long as you're actively looking for work while you're there.

Be careful not to push it too far when claiming these expenses. Manicures, clothes and makeup are some of the deductions the IRS views as red flags.

One general rule of thumb to follow is that anything that can be used for purposes other than your job hunt can't be deducted, said Gordon Ulen, a Danvers, Mass.-based CPA. But because it can be hard to know which expenses qualify, and you need to itemize in order to claim the deductions, it's smart to use a tax preparer. And it's extremely important to document all of your expenses in case you do end up being audited.

Another important thing to remember is that to qualify for job search deductions, you must be looking for a job in your present field of work. You can't be looking to switch careers.

Craziest tax deductions

First-time job seekers, like college graduates, don't qualify for job search deductions, and neither do taxpayers re-entering the workforce after a substantial period of unemployment, like stay-at-home parents who decide to go back to work.

Job search costs must also exceed 2% of your adjusted gross income to qualify as deductible expenses, which shouldn't be a problem for most out-of-work job seekers but could prevent some freelancers or self-employed taxpayers from being able to claim them.

And don't worry: You can still deduct the costs of a job search even if you weren't hired.

You're hired!: If you end up landing a job that requires you to relocate, you can often deduct moving costs -- including lodging, packing, transportation, tolls and parking.

Typically, you can deduct these costs if the new job is at least 50 miles farther from your previous home than your former workplace was, you moved within a year of taking the new job and you were employed full time for 39 weeks during the first 12 months following the move, said Luscombe.

If you haven't been at the new job 39 weeks yet, you can claim the expense but you have to file an amended return or include the deducted expense as part of your gross income on your return.

The $13,000 adoption tax credit is back!

Just remember: You can't claim any costs that your new employer is already reimbursing.

Going it alone: If you gave up on the job hunt and started freelancing or working for yourself, you can deduct self-employment expenses like a home office and certain meal and entertainment costs.

Home office deductions are big audit red flags for the IRS, however. So make sure you document all of your expenses -- down to the utilities you use, alarm systems, even housekeeping. To qualify for a home office deduction, you must use the office exclusively for work and it must be your primary place of business -- not one of several offices.

And don't get carried away with the office-related expenses you claim. For example, Luscombe said some taxpayers claim the main household phone line as an office expense, when they would need to have a second office line that they use exclusively for business to qualify as a legitimate expense.

Along with home office expenses, work-related travel costs, health insurance premiums and professional association fees are also acceptable deductions when you're self-employed.

Health care costs are deductible too, if they exceed 7.5% of your adjusted gross income. If this is the case, deductible medical expenses include doctor visits, treatments, prescriptions and dental costs, said Luscombe.

Watch out!: Aside from being careful about what you deduct, remember to pay taxes on any wages you earned during the year before losing your job. If you were laid off and you received a severance package from your employer, that pay is also considered taxable income. And don't forget that you'll be taxed on any unemployment benefits you received during the year.

Can't pay your taxes?: If you were, or will be, out of work for at least 30 consecutive days during 2011 or 2012 -- up to April 17 this year -- or you're self-employed and your business income has dropped by 25% or more due to the economy, the IRS is giving you some extra time to pay your taxes without charging late penalties.

The agency announced this month that it will give qualifying taxpayers a six-month grace period on "failure-to-pay" penalties, which are typically assessed each month a taxpayer is late paying their taxes.

In addition to the penalty relief, the IRS is also allowing more taxpayers to spread out payments on their tax bills. Taxpayers with bills as high as $50,000 are now eligible for installment payments -- up from a previous cap of $25,000. And these taxpayers aren't required to file a financial statement to do so. The maximum installment term was also boosted to 72 months, up from 60 months.

IRS offers relief to unemployed taxpayers

"If you can't pay your taxes, file anyway, and just work with the IRS to create a payment plan," said Ulen. "As long as you keep up with the plan, they won't bother you -- but if you ignore them, they can be nasty."

View this article on CNNMoney