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June, 2010 "Hot Air" Tax News | |||||||||||||||||||
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2010 IRS Tax Forums
To register go to: http://www.irstaxforum.com , click on “Register,” then “Register as an Attendee,” and enter your contact information. In the drop-down box that says “Conference Role,” select “Partner Association.” After selecting NAEA and filling in your member number, the next screen will ask for your “Access Code” (NAEATEN) and an exclusive NAEA discount will be applied. The discount is only valid for early bird registration.
The cost of enrollment for those who pre-register is $206 per person, a savings of $129 off the late or on-site registration price of $335. Pre-registration ends two weeks prior to the start of each forum. http://www.irs.gov/newsroom/article/0,,id=223454,00.html |
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New Mexico 2010 Tax Amnesty
The New Mexico legislature authorized the Department of Taxation and Revenue to offer a tax amnesty of no more than 180 days in fiscal years 2010 and 2011 and to provide for a waiver of penalties and interest for participating taxpayers. The 2010 Tax Amnesty period began June 7, 2010 and terminates September 30, 2010. Tax Year 2009 is excluded arom amnesty. Important details available at: http://www.taxamnesty.newmexico.gov/index.html |
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Update: Albuquerque Journal, Jul 1, 2010 -- More than 2000 residents have inquired about the amnesty program since June 7. About 200 have applied. |
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| An Often-Missed $20,000 Tax Deduction(From W. Murray Bradford, Tax Reduction Letter, May 12, 2010, Bradford Tax Institute)
Are you planning to trade-in your business vehicle this year, or soon? That trade-in could be a MAJOR mistake. Because of trades, your vehicle could be hiding a tax deduction worth thousands of dollars, To illustrate, here is A True Story with a Fake Name. Let’s start with some background and a few facts. Harriet Wilson started in her business 11 years ago. Over the years, she drove 4 cars for business, trading each one in to get the next. To deduct the vehicles on her tax return, she took what she considered the easy road: IRS mileage rates. When she used the rates, she thought that was the end of it. In other words, she thought that her use of the rates ended all tax discussions involving those vehicles. In fact, Harriet planned on using the IRS mileage rates right up to her death. That’s how easy and pain free she thought the rates were. Harriet’s BIG Mistake Harriet did not know that embedded in every single mile she deducted using IRS mileage rates is a mileage rate depreciation number. By the way, Harriet is not alone in this assumption. Millions and millions think this way. In fact, Harriet first started down this track because her tax advisor told her this was the easy way to do it. This year Harriet is deducting her mileage at 50-cents-a-mile. Inside this 50-cent IRS mileage rate is 23 cents-a-mile of depreciation. What does this mean? This means Harriet has a gain or loss on the sale of a mileage rate vehicle. How BIG Is the Deduction? When she first started, Harriet converted her personal car to business use. At that time, her personal car had a $25,000 fair market value. Then, a few years later, Harriet traded in that converted car on a new business car and paid $15,000 boot. Then, a few years after that, she traded in this car on a replacement business car and paid another $15,000 boot. Her last trade-in took place several years ago and again involved her paying $15,000 boot to consummate the transaction. Her total investment in vehicles is $70,000. "There’s Money in Those Miles!” Over the 11 years, Harriet drove a total of 165,000 miles, every mile driven with no clue that she was depreciating the vehicle. She incurred $33,000 in accumulated depreciation on these four vehicles over the 11 years. As you read this, Harriet’s adjusted basis for purposes of gain or loss on sale is $37,000 ($70,000 minus $33,000). We are just about done with the arithmetic, It’s really quite easy. Stay with us. She can sell this car to a third party today for $10,000. Her tax loss is $27,000 ($37,000 adjusted basis minus $10,000 selling price). Why Harriet Is Smiling Today Harriet’s loss is the accumulation of 11 years of vehicle activity during which Harriet never cashed in because she traded cars. You see, the trade-in of a vehicle is really a Section 1031 tax deferred exchange. Blindly, incorrectly, and luckily, Harriet was putting her tax loss in a bag for a rainy day. Today, she is selling the last vehicle outright and releasing the $27,000 tax deduction for use on this year’s tax return. Here is another way to think of this: When Harriet sells car number 4, she is really selling four cars. The trade-in rules pushed all of the old bases into one big pile. Cash in Her Pockets In her 40 percent combined federal and state income tax bracket, the sale of vehicle number 4 at a loss of $27,000 puts $10,800 of after-tax cash in Harriet’s smiling pockets. This is her windfall—found money, really. Remember, she had no clue that this deduction existed until we explained it to her. Planning note. Harriet drove 100% for business. That’s a high percentage, and another story for another time. If Harriet had driven 93 percent of her miles for business and seven percent for personal purposes, her tax loss would have been $25,100 and the cash into her smiling pockets would have been $10,044. Check Out Your Basis How did Harriet not know about this before? After all, she filled out her mileage logs and used IRS rates to deduct her business cars. She was doing everything right. Most people don’t know that depreciation is built into the IRS mileage rates. Think of it. Harriet could easily have missed this deduction all of her working life. That would have been terrible, don’t you think? Make sure that this does not happen to you. |
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E-Filing Mandate
Starting 2011 --- preparers who file 100 or more returns, must file electronically. Starting 2012 --- preparers who file less than 100 returns but more than 10 returns, must file electronically. |
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Request for CAF Client List --- CLEANING UP YOUR CAF FILES From: Lezlie Colburn EA To: Pat Jenkins EA (nmsea@hotmail.com) Pat, I have copied the section from the website below and highlighted the tab which will, via a “URL,” lead you to the letter. Once you have submitted the letter you receive a copy and your file and instructions on what you need to do to “extend” “revoke” etc. When I called to clarify the process - I found out that I had to prepare a Form 2848 for each POA I wanted to revoke. I then simply wrote in the area designated for the clients signature “PLEASE REVOKE AT THE REQUEST OF THE REPRESENTATIVE. NO LONGER REPRESENT THIS CLIENT.” I then completed the bottom portion as I did the original, i.e., if I signed it as an EA with my number I did the same. The next step was to fax it to the applicable office which is also included in the information that comes back to you in the package. It is not hard just a little time consuming. |
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Revised Form SS-4, Application for Employer Identification Number, requires identification of responsible party(IRS Headliner ,Vol 297, May 25, 2010) NOTE: This headliner is current through the publication date. Since changes may have occurred, no guarantees are made concerning the technical accuracy after the publication date. The Internal Revenue Service revised Form SS-4, Application for Employer Identification Number, to clearly identify the applicant’s true owner. Effective January 2010, all mail, fax, phone, and electronic EIN applications must disclose the name and taxpayer identification number of the true ‘responsible party” for the entity requesting an EIN. For an EIN applicant that is publicly traded or is registered with the Securities and Exchange Commission, the “responsible party” is the principal officer, general partner, grantor, owner of a disregarded entity, owner, or trustor, depending on the business entity of the applicant. For all other entities, the “responsible party” is the person who can control, manage, or direct the entity and the disposition of the entity’s funds and assets. A nominee is an entity with delegated authority to act in name only and can never be the “responsible party” for the Form SS-4 application. The IRS does not accept the use of nominees to obtain EINs. The SS-4 must be signed by an individual with the authority to legally bind the entity; therefore, it cannot be signed by a nominee. Using nominees in the EIN application process prevents the IRS from gathering appropriate information on entity ownership. It may also facilitate tax non-compliance by entities and their owners. Clearly identifying an entity’s true owner makes it difficult for taxpayers to conceal their income and assets. The IRS will pursue penalties, injunctions, or other enforcement action to prevent the misuse of EIN applications. |
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Updating Incorrect Business Entity Information (promulgated by IRS Oct 28, 2009) Many taxpayers have applied for Employer Identification Numbers (ElNs) listing on the application an individual or entity other than the entity’s true responsible party as the principal officer, general partner, grantor, owner, or trustor. The use of such an individual or entity, a “nominee”, has resulted in IRS records containing incorrect information. Entities that used nominees on their applications should consider updating the information shown on the original application. Who Should Update the Information? Any entity that applied for an EIN listing a nominee as the “principal officer”, etc., and listing the nominee’s Taxpayer Identification Number as that of the principal officer, should send the IRS a letter providing the name and Taxpayer Identification Number (Social Security Number, Employer Identification Number, or Individual Taxpayer Identification Number) of the true responsible party. Entities that submitted applications that showed, as the principal officer, an individual or entity who is no longer the true responsible party also should update the entity’s information. What the Terms “Nominee” and “Responsible Party” Mean A “nominee” is someone who is given limited authority to act on behalf of an entity, usually for a limited period of time, and usually during the formation of the entity. The “principal officer, general partner,” etc., as defined by the IRS, is the true “responsible party” for the entity, instead of a nominee. The “responsible party” is the individual or entity that controls, manages, or directs the entity and the disposition of the entity’s funds and assets, unlike a nominee, who is given little or no authority over the entity’s assets. If there is more than one responsible party, the entity may list whichever party the entity wants the IRS to recognize as the responsible party. Why the Information should be corrected? In the event that the IRS has a need to contact an entity about a tax matter relating to the business, we must be certain we are contacting the correct party. Otherwise, information regarding an entity could be disclosed to someone who is not authorized to receive such information. The IRS is considering several ways to identify the responsible parties of entities. However, by updating the information itself, an entity can establish that it is a reliable partner of the IRS in complying with the Federal tax laws. How to Update the Information There is no form available to update the information, and the IRS asks entities updating their information NOT to submit a second EIN application. Instead, the IRS asks that the entity send a letter, on company letterhead, if available, providing the name and Taxpayer Identification Number of the current principal officer, general partner, grantor, owner, or trustor. Be sure to include the entity’s complete name, EIN, and mailing address so we can correctly identify your IRS account. Depending upon the entity’s principal business address, the entity should send the letter to the following IRS campus:
The IRS will send a letter confirming our receipt of the updated information. If the entity has not received the confirmation letter within 60 days, it should fax a copy of the original letter, annotated “Second Request”, to the campus that services the entity’s state. |
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Change in Application for Employer Identification Number (promulgated by IRS Feb 18, 2010) Some applicants for Employer Identification Numbers (“EINs”) have listed nominee individuals, rather than the true responsible party, during the application process. The Internal Revenue Service does not authorize the use of nominees to obtain EINs, as discussed in Use of Nominees in the EIN Application Process. In order to identify the correct individuals and entities applying for the EINs, the wording on the application for an EIN has changed effective January of 2010. Instead of requesting that the applicant identify the “principal officer, general partner, grantor, owner, or trustor”, the application now asks for the identity of the “responsible party”. According to the Instructions for the current revision of the application, the “responsible party” is defined as follows: For entities with shares or interests traded on a public exchange, or which are registered with the Securities and Exchange Commission, “responsible party” is (a) the principal officer, if the business is a corporation, (b) a general partner, if a partnership, (c) the owner of an entity that is disregarded as separate from its owner (disregarded entities owned by a corporation enter the corporation’s name and EIN), or (d) a grantor, owner, or trustor if a trust. For all other entities, “responsible party” is the person who has a level of control over, or entitlement to, the funds or assets in the entity that, as a practical matter, enables the individual, directly or indirectly, to control, manage or direct the entity and the disposition of its funds and assets. The ability to fund the entity or the entitlement to the property of the entity alone, however, without any corresponding authority to control, manage, or direct the entity (such as in the case of a minor child beneficiary), does not cause the individual to be a responsible party. |
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ALERT: Proposed Federal Legislation Targets Misclassified Workers Senator Sherrod Brown (D-OH) and Rep. Lynn Woolsey (D-CA) have introduced identical legislation in both the U.S. Senate and the House of Representatives that would target worker misclassification. The legislation is called the “Employee Misclassification Prevention Act” (EMPA, H.R. 5107) and it would require businesses to maintain certain records for both employees and non-employees (i.e., independent contractors). Businesses would also be required to provide written notification to each of their workers regarding the company's classification of the worker as either an employee or independent contractor. For purposes of the EMPA, it would be presumed that a worker is an employee if a business did not maintain the records or provide the notification discussed above. To read the full Alert, go to: www.nationalba.org/new/alert/100430.cfm (NBA, 162 W. Baer Creek Drive, Kaysville, UT 84037) |
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Copyright©2009-2010 New Mexico Society of Enrolled Agents| All rights reserved. |
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