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Receive Copies of Fraudulent Tax Returns – What did thieves try to steal?

Receive Copies of Fraudulent Tax Returns – What did thieves try to steal?

Taxpayers who are IRS identity thief victims have been long frustrated by their inability to see what thieves have filed under their Social Security Number. In a recent announcement, the IRS is now allowing taxpayers to obtain copies of these fraudulently filed tax returns

Along with tax season comes the season of tax identification theft. Those who have become victims know how frustrating the experience can be.

The frustration

Until now, if you were a victim of tax identity theft, you would be unable to receive information from the IRS about the depth of the fraud. Many frustrated taxpayers have tried to get copies of the fraudulently filed tax returns. The IRS has repeatedly refused freedom of information requests to get these copies.

What’s new?

In a recent announcement, the IRS has changed course on requests to get copies of fraudulently filed tax returns. As long as you follow their instructions, you are now able to get copies of what thieves attempted to do with your tax information. But be forewarned. The IRS may black out information on the requested return that does not pertain to you. They will try to present you with enough of the falsely filed tax return to allow you to determine the depth of the data that has been stolen.

Why the theft information may be important

  • You can see what personal information the thieves have. What has been compromised? Name, address, and Social Security Number? Do they have your dependent’s or spouse’s information? Perhaps they also have your income and withholding data. Knowing this will help you plan the extent of data protection you will need.
  • There may be clues as to where the identity theft occurred. Of the information stolen, who had access to it? Did the data breach of your identity happen through the IRS or somewhere else?
  • There may be more tax years impacted than you thought. Request information from the year you first became aware of the identity theft at the IRS. But you may wish to request information in a prior year and in the year following the theft. The IRS has access to up to six years of tax returns. Try to determine whether the theft is ongoing is a one-time occurrence.

The request requires specific information. Here is a link to the IRS announcement: Instructions for Requesting Copy of Fraudulent Returns

Thankfully, the IRS’ recent decision to share this fraudulent information is allowing victims to take some action to protect themselves.

 

File That Final Tax Return – Five reasons death and a tax return makes sense

File That Final Tax Return – Five reasons death and a tax return makes sense

Often when a loved one dies, a final tax return is not required. Here are five good reasons to consider filing the tax return even when one is not needed.

If a parent or loved one died this past year, you may wish to consider filing a final tax return even if not technically required to do so.

Background

When a deceased’s estate is more than the federal threshold of $5.45 million in 2016, an estate tax return is required. This limit requires only a small percentage of taxpayers to file an estate tax return. Filing requirements change if your state’s estate tax threshold is at a lower dollar amount.

Five reasons to file a final return

  1. Definitive notice to the IRS. When the death certificate is finalized, part of the process is to let Social Security know of a taxpayer’s passing. Eventually the IRS will be notified of the death. By filing a final tax return with the IRS, you are providing a direct notice of the death to the IRS. This should keep the IRS from sending you future notices for missing tax returns. It will also help alleviate automatic notices sent from the IRS for unreported earnings or mismatching 1099’s prior to the IRS receiving a death notice from Social Security.
  2. Withholdings and credits. Often though not required to file a tax return, the deceased is owed a refund. The only way to receive this refund is to file a tax return.
  3. Peace of mind. Sometimes even though a tax return is not required to be filed, doing so helps the survivors provide some closure. Remember the IRS can audit a prior tax year indefinitely if a tax return is not filed. By filing a final tax return the audit clock starts its 3-year time period.
  4. Capital gains and losses. Part of preparing an income tax return is the review of property sales. This process creates a summary of capital gain and loss activity for the year. Even if you decide not to file the tax return, you will have the information necessary to defend any IRS challenge of these capital transactions.
  5. Establishing basis. You will need to capture the fair market value of assets transferred to beneficiaries. This helps establish a valuation basis for the new owners. Beneficiaries will need this new value if they later sell inherited items.

If you have questions regarding your situation, please ask for help.

 

The Lost Art of Tracking Home Improvements – How a tax law makes us sloppy and creates a tax risk

When does a tax benefit not become a tax benefit? When you assume you no longer need to keep track of something. This is the case with the home gain exclusion.

One of the more popular provisions in the tax code is the $250,000 capital gain exclusion ($500,000 for a married couple) of any profit made when selling your home. As long as you follow the rules, most home sales transactions are not a taxable event.

But what if the tax law is changed?

What if you rent out your home?

What if you cannot prove the cost of your home?

Your best defense to a potentially expensive tax surprise in your future is proper record retention.

The problems

The gain exclusion is so high, that many of us are no longer keeping track of the true cost of our home. This mistake can be costly. Remember, this gain exclusion still requires documentation to support the tax benefit.

The calculation

To calculate your home sale gain take the sales price received for your home and subtract your basis. This “basis” is the original cost of your home including closing costs adjusted by the cost of any improvements you have made in your home. You might also have a reduction in home value due to prior damage or casualty losses. As long as the home sold is owned by you as your principal residence in at least two of the last five years, you can usually take advantage of the capital gain exclusion on your tax return.

To keep the tax surprise away

Always keep documents that support calculating the true cost of your home. This should include:

  • Closing documents from the original home purchase
  • All legal documents
  • Canceled checks and invoices from any home improvements
  • Closing documents supporting the value of the sale of the home

There are some cases when you should pay special attention to keeping track of your home value.

You have a home office. When a home office is involved, it can impact the calculation of the capital gain exclusion. This is especially true if you depreciated part of your home for business use.

You have lived in your home for a long time. Most homes will rise in value. The longer you stay in your home the more likely the value of your home will rise over time. For example, a sizable gain can occur when an elderly single parent sells their home after living in it for over 50 years.

You live in a major metropolitan area. Certain areas of the country are known to rapidly increase in value.

You rent out your home. Any time part of your home is depreciated, it can impact the calculation for available gain exclusion. Home rental also can impact the residency requirement calculation to receive the home gain tax exclusion.

You recently sold another home. The home sale gain exclusion can only be used once every two years. If you recently sold a home with a gain, keeping all documents related to your new home will be critical.

The best way to protect this tax code benefit is to keep all home-related documents that support calculating the cost of your property. Please call if you wish to discuss your situation.

Do You Need to File a Tax Return? – Getting this wrong can cost you

Do You Need to File a Tax Return? – Getting this wrong can cost you

Do you need to file a tax return this year? Here are some handy tips to help you decide.

One of the more common tax questions is whether you need to file a tax return this year. The answer is: It all depends. Here are some quick tips to help you determine your answer.

Income

If your gross income is less than the sum of your standard deduction plus the amount of your personal exemption(s) you usually do NOT need to file a tax return. This is because both of these deductions effectively eliminate any taxable income. The amounts for 2015 are:

Married filing joint: $20,600 ($21,850 if one is 65 or older; $23,100 if both are 65 or older)

Head of household: $13,250 ($14,800 if age 65 or older)

Unmarried (single): 10,300 ($11,850 if age 65 or older)

Over age 65

As noted above, if you or your spouse are over the age of 65 the income required to file a tax return goes up by $1,250 (married) to $1,550 (single/Head of Household) for each of you that meets the age threshold.

Exceptions

Like most tax laws, there are exceptions to the income limits mentioned above. Here are some of the more common situations where filing a tax return may make sense.

  • You have federal or state withholdings. The ONLY way to get money back that was withheld from a paycheck or 1099 is to file a tax return. If you do not do so within three years, your refund will be absorbed by the government. While the IRS is quick to let you know that you owe them money, there is no such program to let you know that a refund is due to you.
  • You are eligible for a refundable credit. Refundable credits will pay you money even if you don’t owe income tax. For example, if you have a tax liability of $750, but you are eligible for a $1,000 tax credit you normally can only receive the $750 tax benefit. But with a refundable tax credit you can receive the additional $250, even without a tax liability. The most common examples of refundable credits are the Child Tax Credit, the Earned Income Tax Credit and the American Opportunity Tax Credit.
  • If you are a dependent. Special filing rules apply if you are a dependent on someone else’s tax return. If this is the case, filing rules vary depending on your age, your earned income (like wages) and your unearned income (like interest income). In this case it is usually best to conduct a review of your situation.
  • Other reasons. Sometimes filing a tax return can be used for other purposes. This includes using your tax return to obtain financing or to receive college financial aid. Another reason is to limit the amount of time your tax return can be audited. Once a tax return is filed, the audit clock starts. After 3 to 4 years most tax returns can no longer be audited. If the return is not filed, this audit clock never starts.

 

Your income

Understanding Tax Terms: All those 1099’s – Be prepared to file your tax return

Understanding Tax Terms: All those 1099’s – Be prepared to file your tax return

So many 1099’s. How do you keep them all straight? Here is a quick review of the most common 1099’s to help you prepare to file your tax return

Most taxpayers receive at least one 1099 each year. Virtually every small business, including sole-proprietors, must issue at least one 1099 each year. Here is a summary of the most common of these informational tax forms that you will need to file your tax return this year.

The Form 1099

The Form 1099 is an informational tax form that captures economic activity that is then reported to you and the tax authorities. The primary purpose of the form is to ensure you are reporting your taxable income. The forms are typically required to be sent to you on or before January 31st each year. The same information is due to the IRS on or before February 28th (March 30th if the form is filed electronically).

Common 1099 Forms

1099 INT: This is the form you receive for interest earned. You should expect one of these for every bank account that pays interest, no matter the dollar amount of interest.

1099 DIV: This form captures dividends paid to you. Correct classification of dividends on this form is crucial. Tax rates are lower for qualified ordinary dividends versus other types of dividend payments.

1099 B: You will receive this form if you sell stocks or mutual funds. This tells the IRS to look for possible taxable investment sales.

1099 MISC: This is the default catch all 1099 for income earned when you are not an employee. This form is provided to independent contractors and attorneys for gross compensation. If you are a sole proprietor, each of your customers that are billed over $600 should be sending you one of these forms.

1099 R: You will receive this form if you have distributions from a qualified retirement account during the year.

1099 G: This form captures governmental payments to you. You may receive one of these if you receive a state tax refund.

1099 SA: This form captures distributions from health reimbursement accounts like HSA’s and MSA’s.

What you need to know

  • Use the information in this tip to ensure you are receiving the necessary 1099’s to file your tax return.
  • To be sure, create a list to confirm receipt of the necessary 1099’s. Missing 1099’s is a common reason for a delay in filing your tax return.
  • There are other types of 1099’s. If you receive a 1099 and are not sure what the form is, ask for clarification.

Remember, the IRS receives these forms. Their computers will run a cross-check against your return to ensure you have not omitted any of them.

Your income

Understanding Tax Terms: All those 1099’s – Be prepared to file your tax return

Understanding Tax Terms: All those 1099’s – Be prepared to file your tax return

So many 1099’s. How do you keep them all straight? Here is a quick review of the most common 1099’s to help you prepare to file your tax return.

Most taxpayers receive at least one 1099 each year. Virtually every small business, including sole-proprietors, must issue at least one 1099 each year. Here is a summary of the most common of these informational tax forms that you will need to file your tax return this year.

The Form 1099

The Form 1099 is an informational tax form that captures economic activity that is then reported to you and the tax authorities. The primary purpose of the form is to ensure you are reporting your taxable income. The forms are typically required to be sent to you on or before January 31st each year. The same information is due to the IRS on or before February 28th (March 30th if the form is filed electronically).

Common 1099 Forms

1099 INT: This is the form you receive for interest earned. You should expect one of these for every bank account that pays interest, no matter the dollar amount of interest.

1099 DIV: This form captures dividends paid to you. Correct classification of dividends on this form is crucial. Tax rates are lower for qualified ordinary dividends versus other types of dividend payments.

1099 B: You will receive this form if you sell stocks or mutual funds. This tells the IRS to look for possible taxable investment sales.

1099 MISC: This is the default catch all 1099 for income earned when you are not an employee. This form is provided to independent contractors and attorneys for gross compensation. If you are a sole proprietor, each of your customers that are billed over $600 should be sending you one of these forms.

1099 R: You will receive this form if you have distributions from a qualified retirement account during the year.

1099 G: This form captures governmental payments to you. You may receive one of these if you receive a state tax refund.

1099 SA: This form captures distributions from health reimbursement accounts like HSA’s and MSA’s.

What you need to know

  • Use the information in this tip to ensure you are receiving the necessary 1099’s to file your tax return.
  • To be sure, create a list to confirm receipt of the necessary 1099’s. Missing 1099’s is a common reason for a delay in filing your tax return.
  • There are other types of 1099’s. If you receive a 1099 and are not sure what the form is, ask for clarification.

Remember, the IRS receives these forms. Their computers will run a cross-check against your return to ensure you have not omitted any of them.