May 24, 2013

The New ITIN Changes Earmarked for the 2012 Tax Filing Season

The IRS Tax ID number, the Individual Taxpayer Identification Number (ITIN), is usually issued by the IRS to taxpayers who don’t qualify and don’t have a Social Security Number. The ITIN, just like the SSN, is used on the tax returns during filing as well as other related transactions. In a number of cases, this number is used for spouses or dependents of an individual with a Social Security Number. However, it can also be used by foreign nationals or nonresident aliens to enable them file their returns just like other taxpayers.
To apply, a Form W-7 is used and should be submitted alongside a number of very specific original documents or copies that have been certified by the issuing authority. Earlier, the IRS issued interim regulations on the exact documents required as well the copies that have to be certified by the issuing agency to be submitted alongside the application. The use of notarized copies has permanently been scrapped and will no longer be accepted.
Aimed at simplifying the whole application process but at the same time, safeguarding the integrity of the ITINs, the IRS says it consulted relevant stakeholders as well as the taxpayers on the effectiveness of the new rules. Some notable changes include the five year limitation for every ITIN issued. Upon the expiry of the number, taxpayers will be free to reapply or renew their numbers with the IRS.
Most of the document verification is handled by the Certifying Acceptance Agents (CAAs), who will now be expected to authenticate the legitimacy of the documents supporting an ITIN application. They will also be required to meet new standards and face stronger due diligence. There are however, a few exceptions to the new documentation requirements, including military spouses, their dependants, and nonresident aliens who only require the ITIN.

To avoid any confusion and occasions when applications are rejected by the IRS for failing to meet set requirements, those intending to apply for ITINs are therefore, encouraged take a look at the IRS website ahead of time.

Requesting Your Tax Return Transcripts from the IRS

The IRS expects taxpayers to safely keep copies of their tax returns, but there are times when they are misplaced or even destroyed in natural disasters or even fire. It is however, possible to obtain tax transcripts from the IRS in various ways; from the IRS website, via phone, or even snail mail. The IRS provides taxpayers copies of their tax returns transcripts for up to three previous years with no cost.

The tax return transcripts indicate the most common line items from the returns as they were filed originally, plus any attached schedules and forms but any changes made after filing are not reflected. You can however, review any adjustments made by you or the IRS after filing on your tax account transcript. The basic data captured on this transcript include taxable income, Adjusted Gross Income, type of return filed, and the marital status at the time of filing.

Requesting for tax return transcripts from the IRS can be done online via the IRS website using the “Order a Transcript” tool on the site. They can also be ordered by calling the IRS and following the prompts of recorded message. Forms 1040, 1040A or 1040EZ tax return transcript can be requested via mail by completing the IRS Form 4506T-EZ-Short Form Request for Individual Tax Return

Transcript. On the other hand, Form 4506-T, Request for Transcript of Tax Return is designed for use by businesses, partnerships, and individuals who require tax return copies of other forms or tax account transcripts.

Those who request for these transcripts via phone or mail should expect them in between five and ten days after placing a request to the IRS. Mail orders may take up to 30 days, and you are advised to follow up thereafter in case you don’t receive them within that timeframe. The IRS charges $57 per year requested for taxpayers who require the actual copies of initially filed and fully processed tax returns. You can request using Form 4506-Request for Copy of Tax Return which should then be mailed to the IRS. You are allowed to access copies of your returns for the last six years and delivery takes about two months.

If the government declares a specific region as a federal disaster area, then the IRS can waive the tax return transcript fee. Please visit the IRS website for more information on how you can access your past tax returns or call their support. Alternatively, consider talking to a tax pro for assistance.

Celebrity Tax Mistakes and Lessons to Taxpayers

Celebrities act as role models to millions of loyal fans and enthusiasts. As much as many wish to emulate them and follow in their footsteps, it seems that a lot of them score poorly when it comes to taxes. They have crossed paths with the IRS for various reasons ranging from negligence, failing to file returns, defaulting payments, amongst others. The general public can however, learn a lot from these flaws and steer clear of any trouble with the IRS. Explained below are some common celebrity tax faults and what we can learn from them:

Failure to Pay Tax Dues: Just because you are a celebrity doesn’t mean that the IRS will give you equally celebrity treatment when you default. When Wesley Snipes accumulated a whopping $17 million in tax dues, the IRS didn’t hesitate in pressing charges against him that eventually landed the actor behind bars. Others who have had to learn simple tax lessons the hard way include Nicolas Cage, Christina Ricci, Pamela Anderson, and Lindsay Lohan. Everyone must pay taxes on all income earned (unless otherwise stipulated in the tax law) or face an IRS hefty fine or a jail term.

Failing to File Tax Returns: Filing returns can be hectic, but it is a responsibility that cannot be pushed evaded. Wesley Snipes was accused of failing to file his tax returns by the due date thrice. Many taxpayers assume that they shouldn’t bother filing if they cannot pay taxes on their income. It doesn’t matter whether you can pay your tax debt by the time of filing. Go ahead and file, and find out a way to clear the tax due with the IRS to evade penalties, interest, and even a day in a tax court.

Failing to Define Income According to the IRS: Celebrities are regularly awarded with jewelry, gift packages, and exotic vacations, amongst other things during various awards ceremonies, like the Academy Awards. However, some don’t realize that these gifts and perks are taxable and should be reported on Form 1099 or the IRS will be all over you if it doesn’t get a fair share of the awards.

Overreliance on Professionals: Celebrities have professional staff that run their businesses and manage diaries. Nicolas Cage blamed his business manager for mishandling his funds causing huge losses that devastated his finances. A similar case was reported by Martin Scorsese and Al Pacino, who pointed at Kenneth Starr, who was eventually convicted. It must however, be noted that the taxpayer bears tax responsibility and has to ensure that the returns are correct at all times.

When it comes to taxes, the IRS doesn’t bestow anyone red-carpet treatment, even if you are an Academy Award winner. Tax compliance is an obligation that must be respected at all times by all people.

Beware of Common Tax Scams

The IRS publishes an annual list of dirty tax scams and warns taxpayers against tax fraud. Some tax scams are self inflicted, while others appear to be unbelievable tax refund offers or masquerading third parties. The IRS has over the years, singled out some common and easy-to-detect tax scams like reporting false income to earn high refundable credits, inflating the fuel tax credit, or even falsely claiming undeserved deductions. However, crooks are coming up with fresher scams that are not easy to detect.

Identity theft is one of the leading tax frauds and taxpayers are warned against sharing any personal information with strangers. It is possible for fraudsters to file a tax return in a taxpayer’s name and use their Social Security numbers to claim refunds they are not entitled to. The IRS has improved its screening process to spot falsely filed tax returns and appeals to taxpayers to report any suspicion to the IRS Special Identity Theft page on their website. Many victims only learn of this after receiving a note from the IRS notifying them of an already-processed tax return they actually didn’t file.
Another common scam is phishing which involves the use of fake or unsolicited emails posing as having originated from the IRS. Taxpayers can be lured into sharing personal or financial details with the senders of such emails. Such cases should be reported to the IRS at phishing@irs.gov. Be informed that the IRS does not ask for personal or financial data via email, neither does it initiate communication with taxpayers using this medium. Any attachments or links in suspicious emails should never be opened or clicked on.
Tax preparer fraud is another common scam that many taxpayers risk falling victims of. More than 60% of taxpayers seek the assistance of tax preparers when filing taxes. Some tax scammers are taking advantage of this to either steal from taxpayers, inflate their fees, or direct taxpayers’ refunds to their own accounts. In this regard, every taxpayers in now required to produce a Preparer Tax Identification Number (“PTIN”) issued by the IRS. Watch out for tax preparers without one or those who fail to enter the PTIN on the return or are reluctant to sign these documents.
Other common tax scams according to the IRS involves hiding of income in offshore accounts, foreign banks issued credit cards, and many other approaches. The IRS is collaborating with other countries to discover these culprits. Finally, some entrepreneurs disguise real ownership of businesses or trusts. The IRS is treating all these scams with seriousness and anyone found culpable risks facing harsh penalties, interests, or even court prosecution.

Safeguard Your Tax Records against Natural Disasters

Disasters don’t come with fair warning, they strike suddenly; in most cases, catching many people by surprise. The losses are usually enormous. Other than the loss or damage of material property like houses, business investments, and other assets, some of which are insured, your tax records are very important and need to be protected at all times. Life must continue after a hurricane and the IRS is not going anywhere. This is the reason why your tax records have to be safe always.

Proper record keeping is the number one remedy against the effects of disasters. Taxpayers are encouraged to keep backup copies of their records in a secure place; usually away from where the original set is kept. It is unwise to prepare backup record of your tax records then keep them alongside the originals. In case of a disaster, both copies can be destroyed. It is therefore, advised that you keep the backup with a close friend or relative who resides in a different area from yours.

It is easy to find backup of some of the most important records like bank statements, tax returns, and insurance policies. This is because many financial institutions prepare and provide electronic statements and documents. Also, most of this information is available online. If you cannot have the soft copies, then you can still scan and save them in electronic formats in CDs, DVDs, or external hard disks.

One major hardship and challenge that many taxpayers experience lies in calculating losses after a disaster. You can partly solve this by photographing or videotaping your home’s content especially items of higher monetary value. You can use the IRS publication 584 to come up with a room-to-room list of items. Such records are very essential during insurance and casualty loss claims.

It is also highly recommended that every taxpayer, especially business owners, prepares and annually reviews and updates emergency plans. Any changes in the company like firing and hiring of new employees should be followed with updating of the plan. If you are an employer that uses a payroll service, then you are encouraged to find out from your provider whether there is a fiduciary bond in place. In the event that the payroll service provider defaults, then the bond will have you covered.

Finally, there is a special IRS line that handles disaster-related inquiries. Call 1-866-562-5227 to speak to an IRS disaster specialist. Form 4506- Request for Copy of Tax Return can be used to ask for for back copies of previously-filled tax returns plus their attachments, plus Forms W-2. Alternatively, order transcripts that show most line items on the returns online by either calling 1-800-908-9946 or use Form 4506T-EZ-Short Form Request for Individual Tax Return Transcript or Form 4506-T, Request for Transcript of Tax Return. It’s better to be safe than sorry; disasters may come and go, but IRS is here to stay.

Last Minute Rush: How to Avoid Tax-Time Stress

Tax preparation is a cause of many taxpayers’ sleepless nights, which should never be the case. You can make your tax-filing experience a piece of cake by following these tips as outlined by the IRS:

No Procrastination: You risk overlooking valuable tax saving sources and at the same time, increase the risks of errors on your returns if you rush to meet the tax return filing deadline. As tempting as it might be, fight the urge to delay and avoid procrastination.

Be Informed, Visit the IRS Website: The best place to acquire tax information is the IRS website, which in 2011 alone, received over 322 million visits. Your first stop on the site should be “1040 Central” for the latest news and answers to inquiries about tax filing.

Utilize Free File: You can prepare and E-file your tax returns for free with Free File, available at the IRS website. Taxpayers who made $57,000 or less in the filing year are eligible for the free application offered via private-public partnership with manufacturers. Those who made more than $57,000 and who are okay preparing their own tax returns can utilize the Free File Fillable forms.

Try IRS E-File: E-file is not only the most common tax return filing method, but also the safest and easiest. You can make the April deadline by filing immediately and paying later or combine e-file with direct deposit; your refunds can be issued in as less as 10 days.

Never Panic if You Cannot Pay: There are times when you cannot pay by the due date, don’t panic. Simply file the returns and pay whatever you can afford to evade the tough penalties and interests. You can also talk to the IRS about an Installment Agreement plan via the Online Payment Agreement application.

Pay on Time but Apply for an Extension to File: Those who cannot meet the April deadline automatically have an additional six months to file, up to mid-October. This extension must be postmarked by the April deadline date and doesn’t extend the payment period as well. You must have paid at least 90% of the overall tax due by the April deadline or risk penalties. The extension can be granted through Free File or Form 4868- Application for Automatic Extension of Time to File U.S. Individual Income Tax Return that can be downloaded from the IRS website. This form can also be mailed to you if you order at 800-TAX-FORM (800-829-3676). The mailed forms take at least ten days to be delivered.

Tax Tip: Things You Have To Do Before Submitting Your Returns

It is vital that you carefully review your completed tax returns before mailing them to the IRS. It really doesn’t matter if you hired a tax preparer because you are legally responsible for any information contained on the tax return forms. If the forms are being submitted electronically, it is still important that you take time with your tax preparer to review every detail before clicking “SUBMIT.” To avoid common errors on your tax returns, consider the following factors.

Social Security Numbers: It is mandatory that the right Social Security numbers be entered on all the pages of your tax returns. You must therefore, double check that the numbers on each page are correct, as your refunds can be held up if a wrong number appears. Did you change your official name in the year because of either marriage or divorce? Please apply for a new Social Security card before filling the forms using your new last name.

Proper Signing: Do you file joint tax returns with your spouse? Then ensure that both of you sign the return. If during the year your spouse passed away, you need to write “Surviving Spouse” on your spouse’s signature line after signing on the first line. Please note that there are exceptional conditions that apply when signing for a person under a Power of Attorney or non-spouse deceased taxpayer.

Preparer Must Sign: The Internal Revenue Service issues a “PTIN” form which has to be signed by professional tax preparers you hire to prepare your returns. Also, ensure that “Copy B” of all Forms W-2, W-2Gs and 1099-Rs that have tax withholdings attached. The IRS might be forced to return the forms to you if you attach the wrong copy.

Check Address: The IRS’s mailing addresses for returns are often changed and you must ensure that you mail your tax returns to their right address, usually determined by your residential state. The addresses can be found online at the IRS website or the instructions booklet. You are required to use a payment voucher (1040-V) if you have a balance due and then mail the return to a lock box as opposed to mailing them directly to the IRS.

Ensure the Check payable to “United States Treasury Service”: Taxpayers who owe the federal government must write their check to the Treasury and not the “IRS”. Ensure that the Social Security Number and Form 1040/1040A is written on the check.

Finally, make sure that you make and retain a copy of the tax returns for personal filing and record keeping. Don’t forget to weigh the package to ascertain that you have sufficient postage. It is very risky to send off your tax return without carefully reviewing every detail; take your time, as mistakes can be costly.

Factors to Consider When Choosing a Tax Attorney for Tax Help

When filing tax returns, it is advisable to seek the help and guidance of professionals. The IRS usually advises taxpayers to seek the help of tax professionals when filing tax returns so that they do it efficiently and effectively. The IRS further emphasizes that the taxpayer should, at all times, be responsible for what is filed, even when done by a tax expert. Thus, choosing a tax preparer should be done with utmost care, with someone you can trust.

The IRS requires taxpayers, especially those who seek help from tax experts, to make sure that the professionals sign the tax returns, and also enter their PTIN- Preparer Tax Identification Numbers.

The most important factors to consider when choosing a tax preparer (tax expert) are:

        i.            Qualifications of the preparer. All tax preparers are supposed to be in possession of PTIN, as per the new regulations. Besides having a PTIN, it is important to enquire that they are affiliated to a professional association and that whether they regularly attend educational classes. The IRS is also putting in place test requirements to ensure that tax preparers are qualified and meet all competency requirements.

      ii.            History of the preparer. Here, one should check to see if the preparer has any questionable history, especially in connection with BBB (Better Business Bureau). Further, the taxpayer should check the status of the expert’s license and establish whether and disciplinary actions have been dealt out to him/her. The IRS Office of Enrollment can be contacted to enquire about enrolled agents.

    iii.            The taxpayer should find out whether the taxpayer has an electronic filing system in place. Usually, paid preparers who handle more than ten clients’ returns handle the filing process electronically. With the advancement of technology, it is paramount to choose a preparer who has IRS e-file system.

    iv.            Provide necessary receipts and records required to prepare tax returns. Normally, reputable preparers ask a number of questions so that they can be able to accurately determine an individual’s total income, and their qualifications for deductions, expenses, and other key necessities. It is a violation of the rules of the IRS e-file system to use a preparer that files returns electronically before receiving his/her Form W-2.

      v.            The tax preparer chosen should always be available for consultation. It is important to choose a tax preparer that is available for consultation, even after the date of submission of returns is due, just in case issues to do with tax returns emerge later on .

    vi.            A blank tax return form should never be signed. One should avoid any preparer that requires him/her to put your signature on a blank return.

  vii.            The preparer should sign and include his/her PTIN in the form. The law requires that any paid preparer signs and put his/her PTIN in the return form. The responsibility of the contents of the form lies in the taxpayer’s hands and not the preparer. The taxpayer must also obtain a copy of the return from the preparer.

  1. Before signing the return, it is important for the taxpayer to carefully review it. He/she must go through the returns and ask questions where there is doubt; it is important to understand the contents of the return before signing it.

    ix.            Enquire about the service fee of the preparer. Preparers who charge their fee based on a fraction of the refunds should be avoided. Similarly, those who boast that they can get larger refunds should also be avoided. Any refund from the IRS should be deposited into the taxpayer’s account and not the preparer’s.

      x.            Abusive or suspected tax preparers should be reported to IRS. They can be reported to the IRS by filling out Form 14157.

The Revolutionary IRS E-File

According to the Internal Revenue Service, e-file is still the best method to get quick refunds and ensure precise tax returns. With more than a billion proceeds processed so far, IRS e-file or electronic transmission system has transformed the manner in which IRS processed tax returns and made quick refunding possible. E-file is the best way through which taxpayers can file returns accurately and get their refunds securely and promptly. Ever since its inception, e-file has proven to be a reliable and secure way of filing a tax return. IRS has paid tax return preparers and software vendors who use the most up-to-date encryption expertise to make sure the system is not just safe but also releases an electronic acknowledgement on whether the return has been by IRS and either accepted or rejected.

The easiest way of receiving a refund after a successful tax return file is via direct deposit, which usually takes less than 10 days. For taxpayers making tax payments, one can file via e-file and schedule the payment on the April tax deadline. Those paying by check can e-file their details then send a payment voucher by email. Ways of e-filing tax returns include:

  • Via a tax return preparer – some tax return preparers offer free services
  • Through the IRS Free File – this offers free electronic filing and tax preparation
  • Through self-preparation software – most software products are free to use

IRS encourages taxpayers to use tax return preparers who offer IRS e-file services since IRS has introduced new laws from the beginning of this year. All preparers who file more than 10 returns for clients must file electronically. Taxpayers should use paid preparers who sign the returns they set up and enter their Preparer Tax Identification Numbers (PTINs) as is required by law. However, despite the fact that preparers sign returns, the taxpayers are, by law, the ones accountable for the correctness of their returns, of which the preparer hands a copy to them.

When the taxpayer uses software to file their returns, it is wise and advisable to use a self-select PIN method on the return. If using a paid preparer, the taxpayer can use either the practitioner PIN method or the self-select PIN method. The above are electronic filing PIN methods or e-signature, which are temporary PINs used by the IRS to verify a taxpayer’s identity when using the e-filing system. The electronic forms of IRS are free and have no income restrictions.