Tax Debt Help – Preparing for the Audit

December 28, 2007 at 8:21 pm (IRS, Tax Audit, tax advocacy, tax debt help, tax help) (, , , , , )

How to prepare for an audit

It’s the last thing most people want to see at this tax-paying time of the year: A plain brown envelope marked “Official Government Business” with the return address of the Internal Revenue Service.

But don’t panic. The news might not be as bad as you think.

While a full-blown tax audit might be your first thought, that notice might be the extent of your contact with the IRS. The agency might be telling you that you’ve made a math error on your return that must be fixed. Or maybe something on your W-2 doesn’t agree with your tax return. In such correspondence audit situations, you usually can clear up the discrepancy with a couple of exchanges of information via the mail.

Then again, the worst could happen and that envelope could be a notice that one of your past tax returns is being audited in full. In this case, what do you do?

This makes a good case for having a professional prepare your tax returns!

Enrolled Agents never recommend that a client call the IRS themselves nor attend the audit. They can unwittingly reveal information that is not required and potentially cause more problems. A tax professional licensed to practice before the IRS can deal with the IRS and attend the audit for you.

Even with professional representation, you still must prepare for an audit by gathering information and taking it to your tax representative. Three top tips for preparing for an audit are, “Good records, good records and more good records.” In other words, adequate record keeping year round, not just on April 15, is essential in case of an audit.

More specifically, how should you, a taxpayer, prepare for an audit if it happens? These tips will point you in the right direction:

· Retain the services of a professional. Enrolled agents, tax attorneys or CPAs may represent you at an audit. They are trained in tax law and can much better represent you than you can represent yourself. To a lay person, reading the tax code is like reading a foreign language. Enrolled agents have been around since the post-Civil War days and go through relatively grueling training in this very area.

· Keep good records. It’s not enough to just pull your records together year-by-year on April 15. Get in the habit of keeping good primary and secondary tax records year round and using a personal filing system to keep them with the appropriate tax return. Then, if you’re tapped for an audit, you’re prepared. It alleviates so much stress when you can put your finger on a document when you need it. Primary records are bills and receipts. Secondary records may be spreadsheets, mileage logs or other summary information you’ve kept. Warren recommends that you keep all tax returns, but that you keep your backup information for the current year plus three past years.

· Gather information. What if you haven’t kept good records for the tax year in question? Go back to that year and try to re-create records as accurately as possible. If you’ve claimed expenses in certain areas, like medical expenses, it’s possible that your doctor or hospital will still have those medical records on file. Don’t hesitate to call them. You can also call your place of employment and ask for duplicate W-2s or 1099 forms or check with your mortgage company for interest expenses for that year or your county for personal property taxes paid. Put everything in a neat format, summarized but with supporting documentation, to take to the audit with you.

· Do your homework. Research what the audit process is likely to entail. Check with people in your industry or workplace to see if any of them have gone through the process. Find out what it was like so you can prepare yourself. You might be able to avoid some of the stresses they endured. Knowing what questions the IRS examiner might ask can also help lower the fear factor. The agency prepares audit guides for its examiners, with many of them posted on the IRS Web site. Check them out, says Einbinder, so you can go into the audit knowing, at least in part, what the auditor is going to ask.

· Behave professionally. Generally, the IRS will set the time and place for an audit. Comply with their wishes if possible. If you or your tax representative cannot attend the audit at the time they set, negotiate another time with them. Remember that taxpayer presentation is critical. “Be polite, prompt and professional,” says Einbinder. “It will get you so much further.” Don’t show up at the audit wearing jeans and with your receipts in a shoe box. Be on time, be organized and take the audit seriously.

· Realize that the IRS auditor is not your friend. You can be sure of two things with an IRS auditor. First, he/she pays their taxes. Second, there is an implicit assumption that you may have done something wrong, perhaps unwittingly, or you wouldn’t be there in the first place. Be forthcoming with information but only answer questions that are directed to you. Never volunteer extra information. Don’t be surly or impatient, but also, don’t be fearful. Be confident that your tax return was correct and that you have records to prove it.

The good news is that all audits do not result in the taxpayer owing extra taxes. There are many audits that prove the IRS actually owes you instead of the other way around. Start now on your record-keeping system if you do not have one. If you have a complex return or if you’re unsure about calculating deductions, hire a tax professional to prepare your return. It may pay off in the long run. The best defense, with regard to an IRS audit, is always a good offense.

S. Raines, Sr. Financial Advisor/Tax Preparer

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Tax Debt Help – Taxing Air Transportation

December 28, 2007 at 2:31 pm (IRS News, tax advocacy, tax debt help, tax help) (, , , , )

The IRS has released new taxing regulations for the charging of excise tax on domestic and international air flights. The following is the release as sent out by the IRS.

2008 Excise Taxes on Air Transportation

WASHINGTON — Today the Internal Revenue Service announced the 2008 inflation adjustments to the excise taxes on air transportation.

Excise taxes apply to the domestic segments of taxable air transportation and to the use of international air facilities. The Consolidated Appropriations Act, 2008, signed into law on Dec. 26, 2007, extends these excise taxes to air transportation that begins or is paid for no later than Feb. 29, 2008.

These excise taxes are adjusted annually for inflation. For 2008, the excise tax on the domestic segment of taxable air transportation is $3.50. The excise tax for 2008 for international flights that begin or end in the United States is $15.40. The tax on use of international air facilities also applies at a reduced rate to departures of interstate flights that begin or end in Alaska or Hawaii. For 2008, the international air facilities tax on these flights is $7.70.

Revenue Procedure 2007-66, which contains other amounts that are adjusted annually for inflation, will be modified in the near future to include the 2008 inflation adjusted items listed above.

S. Raines, Sr. Financial Advisor/Tax Preparer

www.effectur.com

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Tax Debt Help – Filing Season and the AMT Patch

December 28, 2007 at 2:30 pm (Deductions, IRS News, tax advocacy, tax debt help, tax help) (, , , , )

The IRS has made an updated press release regarding the AMT patch for the 2007 tax filing season.  This is a must read article to see if you will be affected by the recently approved legislation.  The article is as follows: 

Filing Season Opens on Time Except for Certain Taxpayers Potentially Affected by AMT Patch

WASHINGTON — The Internal Revenue Service announced today that the upcoming tax season is expected to start on time for everyone except certain taxpayers potentially affected by late enactment of the Alternative Minimum Tax “patch.”

Following extensive work in recent weeks, the IRS expects to be able to begin processing returns for the vast majority of taxpayers in mid-January.  However, as many as 13.5 million taxpayers using five forms related to the Alternative Minimum Tax (AMT) legislation will have to wait to file tax returns until the IRS completes the reprogramming of its systems for the new law.

The IRS has targeted Feb. 11, as the potential starting date for taxpayers to begin submitting the five AMT-related returns affected by the legislation. The February date allows the IRS enough time to update and test its systems to accommodate the AMT changes without major disruptions to other operations related to the tax season. As the IRS has said previously, it will take approximately seven weeks after the AMT patch was approved to update IRS processing systems completely.

Although as many as 13.5 million taxpayers will not be able to file their returns until Feb. 11, the effect of the delay may be lessened by the fact that under previous filing patterns only between 3 million to 4 million taxpayers file returns with the five affected forms during these early weeks in the filing season.

“We regret the inconvenience the delay will mean for millions of early tax filers, especially those expecting a refund,” said Linda Stiff, Acting IRS Commissioner.  “We’ve taken extraordinary steps to figure out a way that we can start the filing season on time for most taxpayers, including some using AMT-related forms.  Our goal has always been to make sure we can accurately process tax returns while getting refunds to taxpayers as quickly as possible.”

The February delay caused by the AMT patch will affect taxpayers using these five forms:

  • Form 8863, Education Credits
  • Form 5695, Residential Energy Credits
  • Form 1040A’s Schedule 2, Child and Dependent Care Expenses for Form 1040A Filers
  • Form 8396, Mortgage Interest Credit
  • Form 8859, District of Columbia First-Time Homebuyer Credit

While these five forms require significant additional reprogramming due to the AMT patch, the IRS has been able to reprogram its systems to begin processing seven other AMT-related forms, including Form 6251, Alternative Minimum Tax – Individuals.  Taxpayers filing these seven forms should not experience delays in filing, and the IRS expects to begin processing those returns starting on Jan. 14.

Electronic returns involving those five forms will not be accepted until systems are updated in February; similarly, paper filers should wait to file as well. All other e-file and paper returns will be accepted starting in January. The IRS urges affected taxpayers to file electronically in order to reduce wait times for their refunds. E-file with direct deposit gets refunds in as little as 10 days, while paper returns take four to six weeks.

“E-file is a great option for everyone, especially if they are affected by the AMT,” said Richard Spires, IRS Deputy Commissioner for Operations Support.  “Filing electronically will get people their refunds faster, and e-file greatly reduces the chances for making an error on the AMT or other tax issues.”

In addition to filing electronically, the IRS urges taxpayers to take simple steps to avoid problems:

  • Taxpayers filing electronically should make sure to update their tax software in order to get the latest AMT updates.
  • Taxpayers with $54,000 or less in Adjusted Gross Income can use Free File to electronically file their returns for free.  Free File will only be available by visiting the official IRS web site at IRS.gov. In all, 90 million taxpayers qualify for this free service.
  • Taxpayers who use tax software to print out paper copies of tax forms should make sure they update their software before printing out forms.  Taxpayers using paper forms can also visit IRS.gov to get updated copies of AMT forms.

The IRS has created a special section on IRS.gov to provide taxpayers with additional information and copies of updated forms affected by the AMT.  In recent days, the IRS has posted updated copies of all forms affected by the late enactment of the AMT patch by Congress.

The IRS also reminds taxpayers that printed tax packages, which will begin arriving in the mail around New Year’s, went to the printer in November before the AMT changes were enacted.  The packages reflect the law in effect at the time of printing.  The tax packages include cautionary language to taxpayers that late legislation was pending.

The IRS is also working closely with tax professionals and the tax preparation software community to make sure they can help taxpayers with all of the latest developments on the enactment of the AMT patch and other tax changes.

“The IRS is going to continue to do everything it can to make this a fully successful filing season for the nation’s taxpayers,” Stiff said.  “We will continue to work to keep taxpayers up to date and make this situation as easy as possible for everyone.”

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S. Raines, Sr. Financial Advisor/Tax Preparer

www.effectur.com

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