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mistakes

Fearing the Taxman: When Not To Be Scared

October 8, 2007 · 14 comments

Tax issues causes some folks to act in an irrational manner. True, the taxman shouldn’t be ignored. But feared? Nah.

Here’s my list of the top five things that taxpayers are irrationally afraid of – and shouldn’t be:

1, Being aggressive when it comes to deductions. You’re entitled to take deductions. C’mon, say it with me now: You’re entitled to take deductions. Taxpayers often fear that excessive deductions will raise eyebrows at the Service. That’s not true unless we’re talking really excessive as compared to your level of income – and even then, if you have the documentation to prove it, why would you care? If a deduction is legitimate (and you have the documentation to prove it), take it.

2, Audits. First, let’s just clear up a misconception: the random audit is not common. In fact, less than 2% of individual returns are audited. That includes those returns that include hot button tax issues or are otherwise on the IRS’ radar. Second, in most cases involving a deficiency, there is no full blown audit; in most instances, if an adjustment is necessary, you’ll be notified by IRS and asked to provide documentation (usually by mail). If an actual audit is necessary, you’ll have notice – and you don’t even have to be there (your attorney can often go in your place so long as he or she is empowered to talk to the IRS on your behalf). Do not live in fear of a tall man in a dark suit knocking on your door, unannounced, to perform an audit – that just doesn’t happen.

3, Not having enough money to pay your bill. I can’t tell you how many clients that I have that don’t file returns or reply to letters from the IRS solely based on the fear of what will happen if they can’t pay their tax bill in full. While it’s always better to pay on time, the world won’t end if you don’t. There are several ways to resolve this issue. If you can pay it eventually, you can work out a payment plan with the Service. If you can’t ever pay it, you can file an Offer in Compromise which would allow you to pay your bill in part, if the IRS is also convinced that you can’t ever pay the bill. Ignoring your tax bill shouldn’t be an option – the IRS can garnish your wages, levy your bank account or take other actions. Don’t be scared, be proactive.

4, Correspondence from the IRS. It’s not unusual for clients to drop piles of unopened mail from IRS on my desk during an appointment – yes, I’ve even had clients bring in Samsonite luggage full of Certified Mail, completely sealed. When you get a letter from IRS, take a deep breath and open the envelope. It’s rarely as bad as you think. Sometimes it’s an informational letter (advising you that you might need to file a certain form, etc.), sometimes it’s simply a notice of adjustment in which case you pay what you owe or work something out (see 3 above) and occasionally, you’ll receive a notice of deficiency (again, see 3 above). What’s really important to remember is that most IRS correspondence is time sensitive – there are deadlines. You can fix the problem if you address it. Ignoring it doesn’t make it go away and usually makes it worse.

5, Making a mistake. Everybody makes mistakes – didn’t your mother tell you that? There’s no need to panic. Making an honest mistake on your return can happen, and the IRS is usually pretty amenable to working something out when it happens. In fact, if you’re up to date on your taxes and make a small mistake that results in a deficiency, the IRS will often waive any associated penalty (always ask). If you’re just plain ol’ cheating, they’re not so nice. But mistakes? They happen. Get over it.

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9 Ways to Get Your Tax Return Noticed by the IRS (and that’s not a good thing)

September 23, 2007 · 0 comments

1. Don’t check your math. While most people use software these days, some taxpayers still do their forms 1040 (and 1040-EZ) by hand and math errors are the top mistake that taxpayers make. What you might not know is that the IRS has a staff of “checkers” who basically doublecheck your math. If your numbers don’t add up, your return gets pulled.

2. Omit your Social Security number (or those of your dependents). You must have a valid Social Security number (or other valid tax ID number) in order to claim yourself or your dependents on your return.

3. Use the wrong Social Security number. See #2 above. If you have questions about your number, contact the Social Security Administration.

4. Claim an ineligible dependent. In a divorce, parties usually agree ahead of time on who will properly claim the children in each tax year. But sometimes, those details don’t get worked out and both parties claim the child as a dependent; this isn’t allowable and will result in a refusal for the exemption for the last party to file. Similarly, sometimes college students will file as independent and will also be claimed by their parents – this isn’t allowed either and will result in a refusal for the last party to file. However, if it’s not a mistake and you’re just making up dependents for purposes of claiming extra exemptions, you’re just begging for criminal prosecution.

5. Check more than one filing status. Your choices are single, married filing jointly, married filing single or head of household. You can’t be more than one of these in a single tax year.

6. Fail to include income listed on a form 1099, W-2 or other document. This includes dividend and interest paid out by banks and financial institutions. Here’s a tip: those forms are not just mailed to you, they are also sent to the IRS. The IRS expects you to include that income on your 1040. If you report a different amount, you will eventually receive a nice letter from the IRS with a note that your return has been adjusted.

7. Claim deductions for business expenses – when you don’t have a business. You’d be amazed how often this happens. Business expenses are listed on a Schedule C and are matched up with business income. If you are simply taking a deduction for unreimbursed job expenses, you report those as miscellaneous expenses on Schedule A. Sometimes it doesn’t matter where you put your deductions but in this instance, it does. Schedule A miscellaneous expenses are subject to a 2% limit while Schedule C expenses are not.

8. Choose not to properly document your charitable deductions. The IRS is cracking down on improper charitable deductions – you must now keep receipts for all donations of cash or cash equivalent and clearly document non-cash donations. If the donation is something that you created, the rules are even more stringent. So include the proper documentation, where necessary, with your return (receipts may not be necessary but additional forms and appraisals may be) and use some common sense.

9. Don’t sign your return. Believe it or not, this is one of the top filing mistakes. You must sign your return and if filing jointly, your spouse must file the return.

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