October 9, 2008

Misconceptions About Taxes that Cause You to Lose Money

After having done taxes for so many years, many people believe that they know a great deal about filing taxes and the applicable rules and guidelines pertaining to their specific situation. Unfortunately, with the tax code undergoing revisions and updates almost every year, and literally hundreds of different codes that pertain to nearly as many different situations, unless you are a tax professional, it's difficult to keep updated on all of the new changes. What makes matters worse is not the fact that there is so much tax information that need to be learned, but that some of what you have believed in is no longer true, or was never really true. Yearly, people file their tax returns while believing in a number of tax misconceptions, hence they are either throwing away money or running into serious IRS problems.

 

Many people believe that when they marry, they have no other choice but to file for a joint tax return. This belief is not true. While a married status entitles you to a joint tax return, it does not follow that you must. In reality, you can actually use the option of 'married filing separately.' While filing under this will cost more than when using a joint return, certain circumstances would allow for some savings. Experts suggest that households with two income earners should file using the two methods and then evaluate which one is more advantageous. This should be done every year as a person's responsibility change within a given year. You may realize that you save money filing one way this year, and then save more for  using a different method the next year. Just make sure you talk it over with your spouse or you may have a bigger issue with the IRS.

 

There are still several questions regarding the validity of deducting sales taxes. Mostly, only people who have experience filing taxes before 1986 still believe in this tax myth. 1986 was the last year that a person could deduct some sales taxes for purchases. But there have been slight exceptions which actually allowed this law to make a slight comeback in seven states. By 2004, 2006 and even 2007, sales taxes can either be subtracted from state taxes or federal income taxes. One significant stipulation of this policy is that people can only make the deduction on one type of tax, and not on both. Wyoming, Alaska, Washington, Florida, Texas, South Dakota, and Nevada allow this deduction and citizens are truly grateful of this move. You will want to check on the status of this law every year just to ascertain that you avoid a potential IRS problem.

 

One myth is brought about by fact that people aren't really updated with the IRS guidelines. At a certain point in time, anyone aged 55 years old and over can claim $125,000 as exclusion from his/her taxes given that this was part of the gains from the sale of a house. But this benefit can only be taken once. Now, the new law is actually better and more specific than it used to be. When the law was updated, it took out the age requirement and made the $125,000 exclusion available to anyone and they raised the amount to $250,000 per person. To illustrate, a married couple may actually save up to $500,000 of taxes from gains made on the sale of a house. Another major amendment in the law is that this exclusion can already be availed of every two years. Basically, every two years, anyone can sell a house and have $250,000 excluded from his/her taxes. 

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October 6, 2008

Taxes, Marriage and Divorce

That a number of people in the United States actually overpay their taxes is common knowledge. For many, doing so is like giving away their hard-earned money. Fortunately, there are measures to take to avoid this situation. More so, having an offensive plan is better than putting off fires as they arise. The more money you will save and the better advantage you will have if you are more informed about your benefits as a tax payer.

 

Normally, people can clearly picture out their individual tax benefits and requirements. However, after getting married, they forget that there will also be changes in their tax status. Aside from not educating themselves with the different tax benefits, people are misinformed as well; these fallacies come from their parents who also didn't know the real score.

 

One of the usual misconceptions is that when you're married, you are only responsible for your half of the taxes in your joint income tax return. Although it might seem to make sense, the opposite is true in this situation. The IRS believes that when you choose to file for a joint income tax return, you and your spouse are signing a contract that is binding. That contract includes joint and several legal responsibilities for you and your spouse. This basically means that if one party, that is, you or your spouse, decides to leave, then the other party is required to pay 100% of the total amount of taxes due.

 

Another commonly-held misconception concerning taxes and marriage is that if your spouse has a prior tax debt from the IRS, you will not be responsible in paying for that. This may be true for some states in the country. However, if you reside in one of the nine community property states, this scenario is not applicable. Getting married makes your assets and income community property. This is another way of saying that half of his/her income is yours and half of yours is hers/his. If your spouse cannot keep her/his end of the bargain, then the IRS actually has the legal right to levy half of your income to cover for the remaining tax due. In addition, any refunds that you could have been qualified for as a result of filing for a joint income tax return may be kept by the IRS in order to pay the remaining debt.

 

There are also a number of misconceptions concerning taxes and divorce. Many people believe that the total tax due shall be the sole responsibility of by the ex-spouse if the couple gets a divorce. The fact is, however, divorce decrees are not honored by the IRS When a certain percentage of the tax due is not paid, the IRS will go after the person who is more capable of paying and who is easier to locate. The divorce decree, however, may be used as proof in cases when you have sought professional assistance to enforce some courses of action (relating to IRS issues) to an ex-wife or ex-husband.

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October 3, 2008

Manage Your Tax Payments through an Installment Agreement

After people have filed for their annual tax return, they realize that they owe the IRS a large amount of money. What makes matters undesirable for them is recognizing that they don't have sufficient funds to cover all these tax debts. Good thing that this kind of IRS problem is made much more manageable because of the availability of a number of options for the taxpayers. Among these is the setting up of an installment agreement.

 

The IRS is very willing to accept monthly payments. In fact, they even permit you to set the amount you would like to pay on a monthly basis and on which date that it is due. Actually, if you have filed a tax return and paid your taxes in a timely manner, your tax bill amount is equal to or less than $10,000 and you have somehow proven that you don't' have that much money readily available, the IRS can't turn down your request for installment payments. The catch is that the monthly installment plan that you propose must sufficiently pay off the total tax debt within at least three years. To begin the process, you should fill out and attach Form 9465 (Installment Agreement Request Form) to the front of the tax return you are filing.

 

The IRS may offer the option to make partial payments of tax liability in cases when the taxpayer is really financially incapacitated. Specific financial details, such as those relating to their equity assets, are obtained from those who wish to avail of this option. It is important that the pieces of information provided are consistent and correct as these will be verified by the IRS. Also, every two years, the IRS will check if the taxpayer is already in a better financial capacity. If so, the monthly payment will be increased or the arrangement, be altogether, ended.  Although slightly different, this type of understanding is an installment plan nonetheless. 

 

The only problem of installment options is the fact that the longer you stretch your payment agreement, the more money you will be required to pay the IRS. In installment plans, you are essentially buying time from the IRS to pay for what you owe them. Certain fees are also incurred for any installment agreement. The IRS charges you with a one-time fee of $105 for an approved installment plan. If you choose a direct debit agreement, which requires you to debit monthly payments from your bank account, the fee is reduced to $52. The fee even goes to as low as $43 is you meet the criteria for the lower income bracket.

 

While many people perceive installment plan as a viable option in paying off all of their tax debts, others don't look at it that way. In fact, a better recourse for them would be to propose what is called an Offer in Compromise to the IRS. Basically, this involves offering a lump-sum amount that is considerably lesser than the total tax dues in the hopes that a certain percentage of the debt is forgiven. Again, it is very important to note that when an IRS problem calls for the measures discussed above, it is best to seek the assistance of a tax attorney or some other tax professional.

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September 30, 2008

About the Statute of Limitations on a Tax Debt

Many people consider the probability of escaping from their tax debts. If they just do not pay off their tax bill, will they ever reach a point where the IRS can no longer attempt to collect the money? Is there a statute of limitations on IRS tax debt? The easy response is yes. Yes, the IRS does indeed have a limited period in which they can collect the money you owe them. There is a statute of limitations that enables the IRS to attempt to collect taxes for only a 10-year period. After that period has passed and the IRS was not able to collect on the debt, that tax debt will be erased, and so will your IRS problem.

 

Although this cases seems plainly simple, that is outlasting the IRS for 10 years just by not paying them, it is not. Ask anyone who has attempted not to pay the IRS for any amount of time. They will surely comment that the government has grown better and better at using all means of tax collection. During those 10 years, the IRS will definitely use every tactic and strategy available to get their money. The IRS can also place a tax lien on your credit record that will remain there until the 10-year period has elapsed. This tax lien will definitely lower your credit score and in effect, you will not be eligible for a loan of any sort. You want to avoid a tax lien at all costs as it is a serious IRS problem.

 

The best solution then involves you working with the IRS so they will not resort to such extreme and damaging measures. While 10 years is already a very long time, certain occasions give way to the extension of this prescribed period. For instance, applying for an Offer in Compromise, or an OIC, takes about a year to be processed for approval or denial. In essence, your tax debt is essentially frozen at the time of the hearing. If, unfortunately, your OIC is denied, the 10-year period resumes from the point when the decision was made. In effect, this gives you another full year, on top of the prescribed 10-year period.

 

Filing for bankruptcy also increases your statute of limitations period. This occurs because until a decision on your bankruptcy claim is reached, the IRS cannot collect money from you and your 10-year period is frozen. In effect, your statute of limitation period is increased.

 

In spite of many people's belief that the news on statute of limitations only makes matters worse, a few are still grateful of the fact that the IRS cannot chase them down forever. They may attempt to collect debts from you for a substantially long amount of time, but at least it is not forever. Fortunately, there are things you can do to help minimize the severity of any IRS problem. The first step is to consult a tax professional such as a tax attorney or accountant. After all, handling the IRS is an endeavor that should not be undertaken sans the help from those who are more well-informed in the area.

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September 27, 2008

The Tax Court: Fighting the IRS

IRS agents are people who can also commit errors. It is possible that you might need to combat them in court if they don't own up to those mistakes. How can this be done? Is there a price you need to pay?

 

If you can't agree with the IRS on a resolution, you'll get a Notice of Deficiency. This generally says that you have 90 days to file a response against the resolution in Tax Court. After 90 days, you can no longer appeal or request for an extension, so it's best to act at once, or else the IRS will win and you will need to pay your tax liability. You'll need to settle the tax liability, though you can still sue and receive a refund later. 

 

The majority of taxpayers in the U.S. opt on bringing the case before the U.S. Tax Court. This court is comprised of 19 judges and was established in 1923. They routinely travel all over the country to address tax cases. All of these judges are tax experts, and the court just deals with tax litigation. These judges give the final word on any case that comes before them.

 

Numerous people choose to bring their case to the U.S. Tax Court because it is the only court that will essentially make a decision on your case before you even pay the taxes that are in question. In other courts, the taxes need to be settled first before the case can be addressed. Those who cannot pay their tax debts won't have the advantage of the courts. If you're basing your case on details of the tax code and technical facts, this is also the court that you would want your case heard in. These nineteen judges are experts in IRS problems and understand all the tax law details. 

 

But you won't wish to take your case to the U.S. Tax Court if your case is about fairness, equality, or other more ambiguous criteria. The better option would be to take it to the U.S. District Court. District Court verdicts won't be made by a judge, but rather, a jury of your peers. This court is a more appropriate option if you want the law interpreted in another way. Juries are normally much more sympathetic and receptive to other people who are justly fighting back against the IRS. Tax disputes can be heard in some other courts. However, in the end, the best choice is to file your taxes in a manner that they are less likely to be audited so that you can prevent an IRS issue entirely.

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September 24, 2008

How And Why You Should Set Your Tax Adjusting Withholding Allowance Correctly

In the US, the most common way of making tax payments is via payroll withholdings. This automated process enables the Internal Revenue Service to take out a percentage of your paycheck as a credit towards your tax bill. In order not to overpay the IRS, adjusting your allowance for withholding is essential. To avoid serious IRS issues, it is recommended to correctly accomplish your paperwork when employed for a job.

 

When you file your return, you are most likely to owe the IRS money if you do not have sufficient money taken out of your paycheck. This is not a situation that's ideal, obviously. Paying the IRS a considerable amount of money in April is not something anyone wants.

 

If you have chosen to have too much withheld, then that literally means that you've given the government too much money. Sure, you'll receive a refund when you file your taxes, but that means that the government has been holding and using your money for a whole year. The money could've been spent for other causes or could've been earning interest the whole year. What is worse is that you essentially offered the government an interest-free loan. Lots of people overpay their taxes and loan money to the government without interest.

 

As the best option, your tax withholding need to be adjusted so that you only pay sufficient for your tax bill. This means the IRS won't owe you money, and you won't owe them any, as well. You just have to file a new W-4 form with your employer - it is that easy. The money deducted out of every paycheck will be adjusted by filing this form.

 

When purchasing a house, having a child, getting married, or undergoing any other significant life alterations, this is a process that you'd want to undergo. The IRS includes several worksheets in the W-4 and has an interactive withholding amount calculator to make the changes easier.

 

For people who've been used to paying the IRS a significant amount every year, they will most probably get a slight decrease in the amount that they usually bring home from every paycheck. In an opposite manner, if you often get a large refund from the IRS, you will be happy to get a slight increase in the amount of take home pay you will receive. You will no longer be loaning the IRS your money interest-free. Now you can be the person who earns money off of your own hard-earned money, and you can stop lending it out for free to the government.

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September 21, 2008

Handling IRS Auditors

The taxpayer's worst fear is an IRS audit. Even those who pay their taxes truthfully start to doubt if they did it right. They begin fearing that they might end up in prison, or be subject to levies and penalties. Before you worry, though, be aware that there are laws that protect you during an audit by the Internal Revenue Service.

 

In 1998, the third installment of the Taxpayer Bill of Rights, TaBOR, was passed. After many grievances from Americans to Congress about the rather abusive behavior practiced by many IRS auditors, this bill was passed as a byproduct of those efforts. The IRS is required to truthfully inform the taxpayer of the action performed against them and of their rights by this bill.

 

A formal meeting between IRS auditor and taxpayer is brought to mind in an audit. More typical than not, however, audits are merely conducted via post. The IRS sends the taxpayer letters relating to claims in their tax returns, usually asking for further documentation. These are normally finished quickly if you kept organized records.

 

They IRS may choose to examine the entire return or a section of it. Make sure that you only provide the section that the agent requests for if just a section of your tax return is assessed. The IRS end up examining a wider scope of the tax return when well-meaning taxpayers provide more documentation than needed. They'll get inquisitive and ask for more documentation. You don't want this to happen.

 

Also, most people are clearly not tax lawyers or in any way qualified to deal with handling an IRS agent alone. It is typically a sound idea to bring a CPA, a tax attorney, or some other qualified tax professional to any meeting with the IRS. Call the actual professional who prepared your tax return if you used an accountant or tax service. They can assist in forming a response to the auditor and may understand the particular problems related to your return.

 

Your audit will typically finish with the IRS examiner telling you about any of the irregularities that they uncovered on your tax returns. You will then be notified officially if you need to pay more money in penalties, debts, or other financial adjustments. In very rare situations, a few taxpayers have even received refunds after an audit. Of course, you must probably not depend on this happening with your tax audit and IRS issues.

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July 21, 2008

Fix Your Tax Withholding and Finally Pay the Right Amount

Figuring out how much to withhold when you accomplish your W-4 worksheet can be hard, particularly if you do not wish to end up having to pay the IRS money later when you ultimately file your taxes. Yes, if you're wise, you also don't want to get too large of a tax refund because then that proves you've loaned the government your money for an entire year sans interest. There is a tiny window where when you fix your tax withholding right, you maximize your tax paying efficiency and perhaps even pay less than you usually would have to pay.

People believe ending up with a tax refund after filing taxes is a positive thing, similar to a savings account. But what you are actually doing is loaning the government your money interest free. There are much better ways to have the money taken out without you ever really feeling the difference. You could have that portion of your paycheck placed into a mutual fund or a savings account that earns interest. If you believe it won't make a difference, think again. How do you assume your tax refund grows so big? It simply just all adds up.

You should only need to pay what you owe in taxes. As your exemptions might change within the year, regularly checking them ensures that your tax withholding is appropriate. A great time to accomplish this is in early November to give you time to make alterations. When you've filed your tax return, check your tax withholding again and ensure your tax record is up-to-date.

Not being able to declare someone as dependent, getting divorced, having a child, or getting married are some changes when you should check your withholding. After any of these situations, you have to thoroughly review your tax withholding amounts to make sure you're not overpaying or underpaying the IRS which would lead to a big IRS issue.

Many people do seem to believe that the W-4 form is a bit too complex. However, it is actually much simpler than it seems at first look. Checking the withholding amount is always worth the time, regardless of how difficult the W-4 form might look to you. You do not wish to end up having to pay the IRS a large amount because you filled it out improperly. Cases like these occur often to many taxpayers, and it is very unfortunate, considering how easily it can be avoided.

Consulting your withholding levels with a tax professional may be helpful, depending on your specific situation. Even if you've already accomplished the W-4 worksheet at your current job, you can always alter the withholding amount and update it many times every year. If you leave your job and have to take a lower paying job, or if you happen to get a promotion with a significant increase in pay, you will want to review your tax withholding amount and ensure that you're on track to just pay what you owe to the IRS. Accomplishing so will avoid a huge IRS issue.

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July 18, 2008

Advice On Addressing Your IRS Wage Garnishment

When you hear about the IRS garnishing someone's wages, you should understand that it's absolutely as terrible as it sounds. They collect your money from your paycheck before you even have the chance to see it. You do not get any of that money since it goes directly to the Internal Revenue Service from your employer. When the IRS serves their notice to your job that you'll now be under IRS wage garnishment, the company that you work for doesn't have any other legal choice but to just begin to remove a considerable portion of income from your paycheck.

How much do they deduct? Incredibly, the national average that is normally deducted for an IRS wage levy is 80-85% of the net pay. Essentially, if the take-home amount of pay on your paycheck is approximately $1,000, suddenly you will be taking home only $200. It's a totally drastic method that the IRS takes when they begin to garnish your wages.

You will be able to handle the garnishment of your wages with resources. In fact, in some situations, after consulting with a tax professional like a tax attorney, they may be able to have your IRS wage garnishment released in a relatively timely manner. Of course, this relies on your particular case and the experience and level of advice that your tax professional provides for you.

Tax professionals will know all about levy guidelines. They'll be able to tell if you still have other options or not. Being helpful is one thing the IRS isn't known for.

When the IRS garnishes your wages, they wish to be able to collect and deduct from you as much money as possible and in the shortest period of time. Essentially, the reasoning can be made that this is really the task of every single person employed by the IRS. Though numerous employees who work in the IRS are quite nice and polite, they all have that underlying and basic job characteristics which can ultimately ruin your life.

You require a tax lawyer or any tax professional who are not only familiar with the IRS guidelines, but also possess a successful track record in dealing with the IRS about wage garnishments. This way, you're positive that your case goes through the proper channels and that the IRS sticks to their own guidelines.

Since proceedings may take time, it's better to choose a tax professional that you can work with easily. You should make it as easy as possible for yourself.

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July 15, 2008

Everything About 1099 Bank Garnishment Of Salary By The IRS

Wage garnishment is a tough circumstance for people who are in debt: the creditors collect their payments directly from their paychecks. For a number of reasons, people can get their wage garnished.

Salary can be taken automatically from a person's paycheck or other income sources when a verdict is decided. Wage can be garnished for the following reasons:

* Unpaid child support.
* Taxes are in default.
* Unpaid court fines.
* Unpaid student loans.
* Debt to credit card companies.
* Other monetary dues.

Garnishment is maintained by federal law at twenty-five percent and varies in each state. Some states provide garnishments of lower amounts, while states such as Texas, South and North Carolina, and Pennsylvania do not allow garnishment. If income is insufficient, there is a fixed heirarchy for garnishments to be taken: federal, then state, and finally, credit cards.

Here is the procedure that the IRS requires when garnishing wage:

* First, a Notice and Demand for Payment is sent.
* A Final Notice is served at least thirty days before the garnishment will take effect. (Note: The Final Notice is not required to be delivered in person, so a lot of people do not receive it. They may not know their wage are going to be garnished.)
* Until other deals are decided for settlement or dues are paid off, salary will be garnished. Garnishment of wage cannot be refused by defendants.

Companies that employ private contractors or freelancers must file a 1099 form to the IRS to report income. The freelancers deduct taxes from the 1099 themselves.

When wages are garnished, the payment has to be collected out of an employee's paycheck by the employer. Employers aren't obligated to do so, however, with private contractors or freelancers. The contractor's accounts receivable or bank account are levied by the credit, instead of the wage being garnished.

When a bank account is levied, it is frozen, and all or some of the money in the account is seized. This is most often done by the IRS, though other creditors can do it, as well. Creditors can levy bank accounts unless the dues are settled.

Wage garnishment or bank levies are serious matters. Before debt is out of control, seek IRS assistance from an experienced tax lawyer such as Darrin T. Mish.

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