May 24, 2013

Tax Deductions for Medical Expenses in Cases of Addictions

Addictions have a huge impact on our society. They range from substance abuse and sexual addictions to food addictions. People who find themselves addicted to unhealthy substances and unpleasant behaviors will normally have their lives adversely affected by such habits. Addictions, especially drug addictions, have been known to reduce talented actors and actresses, musicians, and celebrities to total dependency and at times, even death. However, treatment and rehabilitation is available for those who find themselves trapped in these addictions. What is even better is that there is quite some tax relief that is available with some of the addiction treatments.

Drug and Alcohol Abuse

Rehabilitation costs for alcohol and drug addictions are part of the qualifying medical expenses for tax deductions. However, the extent of the expenses to be covered is a gray area. The law allows for the deduction of medical care but does not give complete details on what qualifies as “medical care.” The IRS regulations on medical expense deductions provides examples of medical care – surgery costs,  X-rays, hospital services, laboratory work, nursing services, dental work (such as artificial teeth), diagnostic and healing services, medicine and drugs, artificial limbs and ambulance services. However, these are only examples and pretty much, most of other medical costs can qualify under these definitions.

Deducting drug and alcohol rehabilitation medical expenses is only possible for taxpayers who itemize their deductions. To do this, you will need to itemize your deductions on Schedule A of your tax return form. All other itemizing rules apply, including the deduction of the costs (total costs for all qualifying medical expenses) that exceed 7.5% of your Adjusted Gross Income (AGI).

Treatment for Obesity and Food Disorders

For the rehabilitation costs of an addiction to be considered as a qualifying medical expense for deduction, the addiction must be categorized as a disease. Unfortunately, obesity does not qualify as a disease. This means that any treatment primarily targeting at treating obesity will not qualify for the medical deduction. This is especially important to note, as most of weight loss treatments will be rejected for tax deduction qualification. To the IRS, obesity is seen more of a lifestyle choice. However, treatment of specific conditions associated with obesity will qualify for tax deductions. These conditions include high blood pressure, diabetes, and heart disease.

Smoking Addiction Treatment

Smoking addiction was for a long time, considered as a lifestyle choice problem as opposed to a disease by the IRS. For this reason, the IRS did not allow the deduction of costs related to treating smoking addictions. However, in 1999, the IRS reversed this rule and allowed smoking addiction treatment as a qualifying medical expense for deduction. While allowing smoking addiction treatment for tax deduction, the IRS noted that nicotine was a powerful addictive agent and thus, qualifying it as a disease.

Using Marijuana and Heroin for Medical Reasons

The law that provides for the deduction of medical expenses specifically prohibits the deduction of medical costs associated with use of illegal drugs and substances. For this reason, the medical use of Marijuana and Heroin for treating patients is not an allowable expense, even when prescribed by a qualified medical practitioner. This is especially limiting, as modern medical discoveries show that some of these illegal drugs can be used to treat genuine medical conditions. Tax experts foresee the adjustment of this law in the near future to allow deductions of treatments with some of these substances, as long as they are prescribed by a doctor.

Gender Identity Cases

One of the medical expenses that is least expected to pass for an allowable medical expense but yet, allowed for deduction is gender reassignment. The changing of one’s gender is seen as a treatment for a psychological condition – gender identity disorder – and therefore, allowable. This was determined in the case of Rhiannon O’Donnabhain vs. the IRS, where the plaintiff was denied the deduction of costs associated to his/her sex change from a man to a woman. The Tax Court allowed deduction of the surgery costs, but denied the deduction of the breast enlargement costs, as the court ruled this to be for cosmetic reasons rather than medical.

Tax Help: Retirement Account Options for the Self-Employed

The appetite for business ownership is highest now than it has ever been in the United States. According to statistics from the Kauffman Foundation, every month in 2010, there were about 565,000 Americans who made the bold move of becoming their own bosses. In fact, there were more businesses set up in 2010 that there have been in the last 15 years. The business boom has been brought about by many reasons. From reduced job security, high unemployment, low interest rates on loans, stimulus package opportunities, to success stories of overnight internet billionaires, there are many reasons that are pushing more individuals to venture in the world of self employment.

Running your own business can be very rewarding – you are your own boss and you can finally do what you really love. However, there is a downside to becoming self-employed. Some of the things you took for granted while employed are no longer automatically available. Many people who leave employment to start out their own businesses either ignore or procrastinate in setting up some of these important things, such as a retirement account. People in business put all their energy and finances into their business in a bid to have it grow towards success. However, it is important to be prudent and set aside money for retirement – no matter how hard it is. This way, you will have a fall-back when you retire from business, no matter how the business goes. There are also tax saving retirement options available for business people and you can invest in one of these to save on taxes.

SEP IRA

The SEP IRA account is a flexible retirement account that allows you to save funds, depending on your business performance. In the years that you perform well, you can save up more. For bad years, you can save little to no retirement funds. This account enables you to save up to 25% of your net self employment income with a cap of $49,000.00 for the 2011 tax year. You can therefore, wait until year end after making your final accounts so as to determine the amount to put into your retirement account. This account is ideal for start-ups and businesses that run without employees, but may be limiting for businesses with employees. This is because for businesses that have employees, you will need to put aside a similar percentage for all your permanent employees.

SIMPLE IRA

The savings incentive match plan for employees (SIMPLE) is an ideal retirement account to run for businesses that have few employees. The account is only available for businesses with less than 100 employees. For the 2011 tax year, this account allows for a tax-free contribution of $11,500.00 for those below 50 and $14,000.00 for those who are 50 years and above. The contributions and the growth of the retirement account is tax-free while the withdrawals are taxed on retirement.

Solo 401k

This product is only available to self-employed individuals and their spouses and not employees. It has higher caps as compared to IRA accounts and therefore, ideal for a businessperson who is able to save a larger percentage of their incomes towards retirement. The total tax-free contribution for this account is $54,500.00. The account also allows for flexible saving. Thus, one can save more in a successful year as compared to the leaner years. This account also enables those who leave employment to go into business to change their employment 401k account into a Solo 401k. Another advantage of this account over IRA accounts is that there are options for Roth accounts that allow you to save after tax and withdraw your funds tax-free on retirement.

Tax Tips to Apply as the Year Goes By

Most taxpayers wait until March and April of any given year to rush through tax process and file in good time. There are few taxpayers who plan their taxes and make tax decisions throughout the year in a bid to save on their tax bills or have an easier tax filing time. However, proper and early planning can save you lots of tax money and can help you avoid any problems with Uncle Sam. There are several things that you can do within a tax year to improve on your taxes. Some of these tips are provided below:

  • Review Your Estimated Taxes – Estimate taxes are taxes paid by self-employed and business people whose incomes do not undergo withholdings. The taxpayer pays the income taxes within a tax year in installments, as he or she makes the incomes. Once the audited accounts are complied at year’s end, the taxpayer just pays the remaining balance of taxes before the April tax deadline. Proper estimation of these installment taxes ensures that you do not pay a lot at once during tax time or you do not expect much in refunds.

 

  • Review and Adjust Withholding Taxes – For the employed taxpayers, the employer withholds taxes monthly and remits the same to the IRS. If a taxpayer makes major life-changing moves (like getting married or having a child) that affect their taxes significantly, it is advisable to make withholding tax adjustments to ensure that withheld taxes are close to the actual taxes owed. This way, the taxes due at tax time are close to what has been withheld over the year.

 

  • File Tax Records Properly – Another important task as the year goes by is to ensure that all documentation that has a tax bearing is filed in a tax file. This includes the payment stubs, dividend distribution statements, home improvement receipts, donation acknowledgments, tips schedule, medical travel expense receipts, and any other payment records for supporting tax entries. Proper filing makes it easier to prepare taxes and also provides help in case of an IRS audit.

 

  • Plan and Give out in Donations – You can also plan to make donations within a given tax year so as to qualify for tax deductions from the donations. However, for the donations to qualify for deductions, they must be made to qualifying tax-exempt organizations, which you can check on the IRS website. You will also need to keep proper records of such donations so as to claim deductions appropriately.

 

  • Make Retirement Contributions and Qualifying Insurance – There are other tax credits and tax deductions related payments towards life insurance and retirement contributions that you can also plan to make within the year. There are various life insurance and retirement fund contribution accounts including 401k accounts, traditional IRAs, and Roth IRAs, each with a different tax implication. Therefore, you need to consider these various tax implications before deciding on an account.

 

  • Make Qualifying Energy Improvement Purchases – The current tax code allows for a tax credit for various energy improvement purchases. This includes qualifying energy-saving house installations and various energy saving cars.

 

  • Get Professional Help – Finally, depending on the extent of the tax changes that will affect your tax year and the complexity of your taxes, you may consider hiring the services of a professional tax preparer to help you through the process.

Valuable Tax Resources Available on the IRS Tax Website for Every Taxpayer

The IRS website has significantly improved in its resource provisions and today, you can perform virtually any tax-related function online through the IRS tax website. According to the IRS, there is a wealth of information, resources, and tools available free to all tax payers that can significantly improve on their tax return experience. Furthermore, these resources are available anytime, giving you more convenience.

  • Answers to commonly asked questions – As opposed to waiting on a telephone line or employing the services of a tax consultant, you can simply go to the IRS website and find answers to almost all questions that you may have about taxes and tax returns.

 

  • Free and immediate access to return forms – From the IRS website, you can get access to all the forms that you will need to submit your tax returns or to provide any other required disclosures. The website not only provides free downloads for these forms but also provides detailed guidelines as to how to fill out these forms correctly.

 

  • Electronic filing solution – The electronic filing solution provided by the IRS website is a partnership between the IRS and private software companies. You can file you taxes and store your forms through this solution and you can then retrieve the information whenever you need it. It is free for any taxpayer with an income of $58,000 and below, but for those who earn above this, you may be required to pay a fee.

 

  • File your tax returns electronically – The most valuable added feature on the IRS website is the e-file solution. You can make your free and convenient tax returns through this. In 2010, over 70% of tax returns were made electronically, showing that the process has become popular and prevalent. Going forward from here on out, the IRS will require most tax preparers to file taxes electronically starting in 2011.

 

  • Follow-up on tax refunds – The IRS website also provides a platform for checking the progress of your tax refunds. You can know what approval steps the refund has passed and how many more are to go. This helps avoid unnecessary inquiries.

 

  • Make tax payments electronically – Through the IRS tax payment solution, you can now put a direct deposit request to have your taxes debited directly from your bank account or from your credit card. This direct deposit solution, if used hand in hand with the e-file solution, will get your tax refunds processed in as little as 10 days.

 

  • File for Earned Income Tax Credit (EITC) – The EITC is a tax credit for people who earn below $49,000 a year. To qualify for this credit, you will need to apply for the credit on the IRS website or with your tax returns. You can use the EITC solution by answering a few questions to know whether you qualify for the credit.

 Apart from all these resources, you can get a wealth of other tax-related resources from the IRS website. For example, you can get information on tax laws and find out deductions that you qualify for.

2011 Tax Relief: Bigger Paychecks!

Tax Relief: 2011 Paychecks Will Be Bigger…Eventually

The federal government is giving you a raise – that is, they are taking less out of your paycheck for social security, so the money you actually get from your paycheck will be more. The tax bill Congress recently enacted includes a reduction in the employee portion contributed to the social security fund from 6.2 percent to 4.2 percent. Your employer will still be paying their 6.2 percent. This is effectively replacing the Making Work Pay credit, a little known tax cut which essentially went unnoticed last tax season.

Reaping the benefits of this new tax cut does not require extra effort on your part, though, because you will see the change as part of your paycheck, and your employer will take care of the paperwork. The question, however, is when your employer will take care of the paperwork.

You may not see these changes right away because Congress did not exactly act swiftly in making sure employers new about this new bill. Employers were not alerted about the changes until the bill was officially enacted on December 17, 2010. Acknowledging their sometimes sloth-like pace, Congress decided to urge employers to adjust their withholding systems by January 31, 2010, so you should see a little higher paycheck come February. However, you may not see that money until April, since the IRS is merely urging employers to make changes as soon as possible, but not requiring the changes until March 31, 2011.

In other words, it will probably benefit you to inspect your 2011 paychecks to make sure your FICA contribution is lower. If you see nothing by April, it will be important to talk to your employer about the missing changes.

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Treating Employees as Independent Contractors for Tax Purposes can cause IRS Problems

According to the IRS rules, an employee is any worker whose work is controlled by the employer. In other words, the employer determines the scope of work, how the work is to be done, and provides the tools required for the job. On the other hand, an independent contractor is a worker who determines how to work, provides his or her own tools for the job, and controls the work at hand. However, in some instances, determining whether a worker is an employee or an independent contractor is not so clear in black and white, but in a gray area. However, some employers categorize obvious employees as independent workers so as to avoid paying payroll taxes. If an employer is found to have categorized employees as independent contractors, he or she will be liable to heavy penalties if caught by the IRS and the assessment taxes may well hit very high figures. For employers who find themselves in such a situation, there is still a way that they can avoid being implicated for the wrong-doing. They can take advantage of the tax relief provision under Section 530.

Tax Relief Provision under Section 530

Under this tax relief law, an employer can escape the IRS’s reprimand even after categorizing an employee as an independent contractor if he or she can prove all of the following:

  1. That the person was never treated as employee by the employer throughout their relationship
  2. That the employee is treated in the same manner as an independent contractor
  3. That all tax records for the person in question indicates that he or she is an independent contractor – records include From 1099 and tax returns.
  4. That the employer was reasonable when categorizing the person in question as staff. There are three things that can show that the employer was reasonable:
  • If the IRS or a tax court ruled that a person in a similar position was an independent contractor
  • If past IRS audits raised no problem with the person being an independent staff member
  • If it is an old practice in the industry for people in similar positions to be treated as independent contractors

Timing of the Section 530 Safe Harbor

For an employer to satisfactorily win a case under Section 530, they must show that they had considered all of the four above points before making the decision to determine an otherwise employee, as an independent contractor. Therefore, the employer must prove that since taking up the services of the person in question, the employer has never employed any person in a same or similar position and that he or she has never treated an employee in the same manner as the person in question. However, the tricky part to prove is usually the fourth rule of the Section 530 relief. Employers who find themselves in this situation must find court rulings that determined that a person in a similar position was deemed an independent contractor. Such ruling must have happened before the time the employer engaged the person in question.

Case in Point – Peno Trucking

In the case of Peno Trucking vs. the IRS Commissioner, Peno Trucking sort to avoid an IRS tax charge for a worker that they had categorized as an independent worker but the IRS considered to be an employee. The tax court ruled that the employer failed to provide any relevant judicial precedent and therefore ruled that the trucking company was liable to pay the due taxes. In a reversal of the ruling previously made by the tax court, the court ruled that Peno Trucking could have used an Ohio ruling (that happened prior to the trucking company hiring the worker) to categorize the worker as an independent contractor. The trucking company was thus released of any related taxes due.

Why “10 Years” May Mean More Than 10 Years for an IRS Lien


The statute of limitations that applies to your tax debt gives the IRS ten years to collect your tax debt by filing a lien. After the statue expires, the IRS is required to release your lien. Most IRS tax liens are “self-releasing”, which means that there is a clause in the language of the lease which makes the IRS lien release automatically. This provision is on the face of the lien. You can find the date when the lien releases by adding ten years to the date in column “d”. Column “e” provides the date by which the IRS must re-file the lien.

The lien document, entitled “Notice of a Federal Tax Lien”, has six columns which describe the elements of your lien. Each column, lettered “a” through “f”, lists (a) the type of tax you owe, (b) the years the taxes are for, (c) the last four digits of your social security number, (d) the date the IRS filed your balance due, (e) the last day the IRS can re-file the lien, and (f) the balance due. It is important to note that the balance due is not the complete and correct amount that you the IRS. The balance due does not include penalties and fees.

However, as mentioned above, the IRS often has a window of 30 days where they can re-file your lien, even after the statute has run out. If you made certain moves such as submitting an Offer in Compromise or filing for bankruptcy, the IRS can extend the life of the lien. By filing within the 30 days, the IRS is able to maintain priority over other creditors, such as the owner of your mortgage loan(s). If the IRS is files late, they will be last in line to collect what you owe.

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Valuable Tax Resources Available on the IRS Tax Website for Every Taxpayer

The IRS website has significantly improved in its resource provisions and today, you can perform virtually any tax-related function online through the IRS tax website. According to the IRS, there is a wealth of information, resources, and tools available free to all tax payers that can significantly improve on their tax return experience. Furthermore, these resources are available anytime, giving you more convenience.

 

  • Answers to commonly asked questions – As opposed to waiting on a telephone line or employing the services of a tax consultant, you can simply go to the IRS website and find answers to almost all questions that you may have about taxes and tax returns.

 

  • Free and immediate access to return forms – From the IRS website, you can get access to all the forms that you will need to submit your tax returns or to provide any other required disclosures. The website not only provides free downloads for these forms but also provides detailed guidelines as to how to fill out these forms correctly.

 

  • Electronic filing solution – The electronic filing solution provided by the IRS website is a partnership between the IRS and private software companies. You can file you taxes and store your forms through this solution and you can then retrieve the information whenever you need it. It is free for any taxpayer with an income of $58,000 and below, but for those who earn above this, you may be required to pay a fee.

 

  • File your tax returns electronically – The most valuable added feature on the IRS website is the e-file solution. You can make your free and convenient tax returns through this. In 2010, over 70% of tax returns were made electronically, showing that the process has become popular and prevalent. Going forward from here on out, the IRS will require most tax preparers to file taxes electronically starting in 2011.

 

  • Follow-up on tax refunds – The IRS website also provides a platform for checking the progress of your tax refunds. You can know what approval steps the refund has passed and how many more are to go. This helps avoid unnecessary inquiries.

 

  • Make tax payments electronically – Through the IRS tax payment solution, you can now put a direct deposit request to have your taxes debited directly from your bank account or from your credit card. This direct deposit solution, if used hand in hand with the e-file solution, will get your tax refunds processed in as little as 10 days.

 

  • File for Earned Income Tax Credit (EITC) – The EITC is a tax credit for people who earn below $49,000 a year. To qualify for this credit, you will need to apply for the credit on the IRS website or with your tax returns. You can use the EITC solution by answering a few questions to know whether you qualify for the credit.

 

Apart from all these resources, you can get a wealth of other tax-related resources from the IRS website. For example, you can get information on tax laws and find out deductions that you qualify for.

Take Advantage of the New Estate Tax Law and get Tax Relief

Estate Tax Law

In December 2010, Congress passed a law that increased the limit of the tax-free wealth that can be transferred by an individual to heirs from $2 million to $5 million. This is an increase of 150% and is significant to any U.S. citizen who has that kind of wealth and is willing to transfer it to his or her children or other beneficiaries. However, this law does not only benefit wealthy individuals. Couples can now take advantage of the new law to plan on their wealth so as to save on taxes. Below are some considerations when making such plans:

Transfer within Spouses

According to the law, an individual can give or transfer wealth to their spouse without paying any taxes. There is no cap to the amount that can be transferred. In essence, this means that a married couple has a tax free limit of $10 million ($5 million for each spouse) to transfer to beneficiaries under the revised Estate Law.

Transfer of Lifetime Limit to Surviving Spouse

Another adjustment that was made to the Estate law was that a surviving spouse could inherit the tax free limit of the departed spouse. In other words, any non utilized limit of the spouse that dies is transferable to the surviving spouse. For example, if a married couple had not utilized any of their tax free limit for estate transfers and one of the spouses dies, the surviving spouse would inherit the unused limit of the deceased spouse and therefore have a limit of $10 million to transfer to children or other heirs. However, if the second spouse died, the only amount of wealth that would be transferred tax free to the heirs would be within the limit of the second spouse, and not both spouses. The law only allows a tax free transfer of the “basic exclusion” upon death, which means the limit of only the person who has died. Any transferred limit is therefore lost.

Using Trust Accounts to Bypass the Law

However, to avoid the surviving spouse losing the tax free limit of the dead spouse once he or she dies, estate lawyers are now setting up family trusts to bypass this law limitation. This is how the trust works: the surviving spouse transfers funds to a family trust to the limit of the tax free balance of the spouse who has passed on. The revenues from the trust are paid to the surviving family members. Once the second spouse dies, wealth within his or her tax free limit can then be transferred either directly to the heirs or to the trust. The wealth that was originally in the trust will not be considered again for the tax free limit as it was transferred to the trust under the limit of the first spouse to die.

Time-line for Estate Law

When setting up trusts and taking advantage of the new limits for the adjusted Estate law, you need to be aware that this law is temporary. The $5 million limit is set to expire in 2012, therefore, reverting back to the former $2 million limit. The rule of transferring the limit of a dead spouse to the surviving spouse will also expire in 2012. However, with the current mood of politicians, it can be projected that that the limit-transfer rule may remain effective post 2012. President Obama has personally vouched to keep this rule beyond its expiration time. Besides this, this rule has become very popular and has gotten a lot of support and experts foresee it becoming permanent in the tax books.

IRS Help: What to do when contacted by the IRS Criminal Investigation Division

The IRS implements a meticulous system that seeks to identify all tax offenders. The IRS categorizes tax offenses in two categories. Negligence is when a taxpayer makes an error either by having erroneous figures or mathematical calculations in their tax returns or erroneously misses various entries while filing. Negligence is seen as not being willful in the discrepancies in figures and the IRS only seeks civil charges against those who are negligent. On the other hand, fraudulence involves outright cheating on your taxes. This is a willful act of defrauding the IRS to avoid paying due taxes. This includes crimes such as having two sets of accounting records for fraud purposes, forging receipts and other documentation, altering figures in various tax records, and not filing a tax return with no valid reason. For such crimes, the IRS pursues both civil and criminal charges.

According to an analysis by the IRS, 17% of taxpayers cheat on their tax returns. The main culprits are employment occupations, businesses that are cash intensive, and service industry workers. This includes bar waitresses, lawyers, doctors, construction workers, domestic workers, and way-side shops. However, the IRS prosecutes very few tax cheats. In a recent tax year, the IRS charged 2,472 taxpayers for criminal offenses, which accounted for only 0.002% of taxpayers. However, these statistics should never be an incentive to cheat on your taxes. The IRS is actively increasing its audits to track down and pursue both negligent and fraudulent taxpayers. 2010 statistics show that the IRS has increased audits in all taxpayer groups. Furthermore, when the ax falls your way, the consequences are really not worth the risks on lying on your returns.

Criminal investigations conducted by the IRS are handled by the IRS Investigations Department. The department has special agents who investigate various potential tax cheats and prosecute taxpayers once they have enough evidence to build a case. If you are ever contacted by one of these special agents, you should be aware that you are being investigated for criminal charges. Here is what to do if you find yourself in such a situation:

  • Ask for Identification – If you are approached by an individual or team of people claiming to be special agents from the IRS Investigations Department, you should ask them for a business card or identification. If the contact is on email or telephone, do not divulge any information whatsoever to them. There are many identity theft scams that are circulating and their aim is to steal your information for malicious use. Besides this, receiving a business card is good for future reference when contacting or referring to the IRS agent assigned to your case.
  • Do Not Answer Questions – After they identify themselves and give you a business card, ensure that you do not give any information about your taxes. The Fifth Amendment in the U.S. Constitution gives you a right to not bear witness against yourself in a criminal case. This means that the agents have no right to get you to talk in any way, concerning your taxes or any other matter that may incriminate you.
  • Beware of the Witness Trap – You should also be careful about the witness trap. The IRS Investigations Department special agents will usually tell you that they are not investigating you but rather, they want you to be a witness in a case. Once they gather enough evidence, they then seek criminal charges against you. Therefore, even if they tell you that they are not investigating you, do not give them any information.
  • Seek Legal Counsel – Next, you should consider seeking legal counsel to get help on how to handle the situation. Your attorney will advise you on what to do and he or she will represent you in criminal claims for your IRS problems.

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