The IRS at the Wedding

You've all heard that April showers bring May flowers. That's fine and all, and it doesn't leave anything for the IRS unless you're a farmer or a florist. But June brings brides — young brides, old brides, blushing brides, even bridezillas. Now the IRS pays attention, because now the IRS gets to reach out for all sorts of extra taxes from the happy couple.

So, Mike and Sarah meet in college, fall in love, and get married. Maybe they host the big day at their college chapel. Maybe they get creative with the reception and throw a barbecue in a barn. What will the IRS think?

The classic "marriage penalty" occurs when two spouses, earning roughly equal amounts, earn enough together to push their taxable income into the 28% bracket for joint filers. For 2012, that bracket started at $142,700. So if Mike and Sarah each reported $100,000 in 2012 taxable income before the wedding, they each owed $21,454 in tax. But if they got married any time before the end of the year and reported $200,000 in joint income, they would owe $43,779 together. Do you think it will bug them to send the IRS an extra $871?

It gets worse when kids are involved. If Sarah has a qualifying child, she gets a $1,000 child tax credit, so long as her income is under $75,000. But when she and Mike get married and file together, that threshold doesn't double. It goes up just $45,000. That's barely half again what Mike would get on his own.

Those obvious examples are just a starting point. There are plenty of other marriage penalties scattered like icebergs throughout the tax code. For example, the Affordable Care Act imposes a 0.9% Medicare surtax, starting this year, on earned income over $200,000 for single filers and $250,000 for joint filers. If Mike and Sarah each report $200,000 in earned income singly, no surtax. But if our newlyweds report the same $400,000 each as husband and wife, Uncle Sam gets an extra $1,350. Wait a minute . . . shouldn't your uncle be giving wedding presents instead of taking them?

Maybe Mike owns a rental property. Like most rental properties, it loses money "on paper." There's a special "rental real estate loss allowance" that lets him deduct up to $25,000 of rental loss against his other income — so long as that income doesn't top $150,000. When Mike gets married, he and Sarah can still take that same $25,000 loss — so long as their combined income doesn't top that same $150,000! Oh, and that's only if they file jointly. If they file separately, and lived apart for the year, they get just $12,500 each. If they file separately and lived together during the year, the allowance is zero. Who wants to raise a toast to that?

There's still time for you to throw rice (or birdseed) at a wedding or two this month. So if someone you know is getting married, have them call us. We'll see if we can keep a a marriage "penalty" from turning into a marriage "surprise." And don't forget to save some cake for the IRS!

Dad and Taxes

Sunday was Father's Day, and if your family is like most, you talked about golf, or fishing, or the latest happenings on Duck Dynasty. You probably didn't talk about taxes, just because Dad doesn't like paying them! So here are some "father and family" themed tax quotes to put a smile on your face today:

"Every year, the night before he paid his taxes, my father had a ritual of watching the news. We figured it made him feel better to know that others were suffering."
Narrator, The Wonder Years television series

"My father has a great expression: 'The capital-gains tax has created more millionaires than any other government policy.' The capital-gains tax tends to make investors hold longer. That is almost always the right decision."
Chris Davis

"Our forefathers made one mistake. What they should have fought for was representation without taxation."
Fletcher Knebel

"Throughout the first half of our history, Americans hated tax with passion, something they inherited from the founding fathers."
Charles Adams"Giving money and power to government is like giving whiskey and car keys to teenage boys."
P.J. O'Rourke"The trouble with being a breadwinner nowadays is that the government is in for such a big slice."
Mary McCoy"A well-timed death is the acme of good tax planning, better even than a well-timed marriage."
Donald C. Alexander (former IRS Commissioner under Richard M. Nixon)"If you are truly serious about preparing your child for the future, don't teach him to subtract — teach him to deduct."
Fran Lebowitz

If Dad wants to pay less tax, he needs the same thing you do — a proactive tax plan! Summer may not seem like the obvious time to do it, but now is when we have the most time available to help you pay less. So have Dad give us a call — he'll appreciate paying less tax a lot more than he'll appreciate another tie!

Party Time at the IRS

You probably don't think a conference for a bunch of IRS bureaucrats would be much fun. Apparently, though, the IRS knows how to throw a party. Back in 2010, they hosted an event dedicated to "Leading into the Future" for 2,609 executives and managers in the Small Business/Self-Employed division. (You're excited already, aren't you?) It turned into a $4.1 million boondoggle, complete with first-class air travel and Presidential Suites at three different hotels, that even Jay Gatsby might appreciate.

We'll never know how many of our friends at the party woke up hung over the next morning. But predictably, someone blew the whistle on "excessive spending," and now we have another IRS scandal on our hands. Last week, the party poopers at the Treasury Inspector General for Tax Administration released a 56-page report titled "Review of the August 2010 SmallBusiness/Self-Employed Division's Conference in Anaheim, California". Not surprisingly, they found several ways to "enhance controls over conference spending." How's this for genius advice?

• Don't spend $50,187 to produce parody videos like the one featuring IRS officials as characters from "Star Trek", boldly going where no government employee has gone before. (New York Representative Carolyn Maloney called the video "an insult to the memory of 'Star Trek'" and said "I could do a better Captain Kirk.")
  
• Don't forget to negotiate with hotels over "details" like room rates, continental breakfasts, wireless internet, or "free" cocktails at a welcome reception with salad, appetizers, fajitas, pasta, and dessert.
• Don't spend $17,000 for a keynote speaker to paint portraits of historic figures, including Bono and Michael Jordan, to illustrate lessons on "unlearning the rules, breaking the boundaries, and freeing the thought processes to find creative solutions to challenges."
• Don't spend $29,364 to let IRS employees living within 30 miles of the meeting stay at conference hotels "to reduce the demands on local travelers who would otherwise experience lengthy commutes daily during the conference and to foster employee morale and team spirit." (Oh, and while you're at it, would it kill you to issue a W-2 to those local employees so they can pay tax on the value of those stays?)

Does $4.1 million really sound like too much for that sort of fun? Unfortunately, IRS procedures in effect at the time of the conference didn't require management to track or report actual expenses, so the Inspector General can't verify how much the whole thing cost. Reassuring, right? The people who make us track receipts for a $4 coffee can't track their own expenses?

Just two days after the report came out, IRS officials trekked to Capitol Hill to commit hari kari. Faris Fink, who now heads the Small Business/Self-Employed division (and who played Mr. Spock in that infamous "Star Trek" video), apologized and confessed he didn't know his agency could have negotiated for lower hotel room rates. Acting Commissioner Danny Werfel called the whole thing "an unfortunate vestige from a prior era" and reported that spending on travel and training has fallen 80% since then.

We send these emails urging you to come in for tax planning week after week. And usually we just assume you know why our proactive tax-planning service is such an obvious no-brainer. But seriously — don't you think you can do a better job of spending your money than the IRS? If so, then call us today to get started with your plan!

An Apple a Day

Back when you were a kid, your mom probably told you "an apple a day keeps the doctor away." Well here's something Mom didn't know — apparently, an apple a day keeps the tax man away, too. At least, that's the conclusion we might draw from recent Congressional hearings focused on Apple Incorporated and its strategies for avoiding taxes!

Last month, the Senate Permanent Committee on Investigations conducted a hearing compellingly titled "Offshore Profit Shifting and the U.S. Tax Code — Part 2 (Apple Inc.)." The Committee graciously invited Apple's CEO, Tim Cook, to share how Apple avoids U.S. tax. (We can only imagine how delighted Cook was to receive the Committee's "invitation" — no doubt delivered on the same sort of elegant stationery you might use to announce a spring cotillion or send a "thank you" note to Grandmother.)

Here's the issue in a nutshell. Apple earns tens of billions of dollars per year from their innovative desktop and laptop computers, iPods, iPads, and ubiquitous iPhones. And Apple pays billions in tax on its U.S. profits — in 2012 alone, the company paid $6 billion in federal income tax, $327 million in payroll tax, and $830 million in state income tax. But international operations account for about 61% of the company's gross revenue. So Apple's accountants and attorneys, who sound at least as clever as the engineers who design the company's products, find ways to leave that revenue outside the U.S., where it sidesteps our 35% corporate income tax. From 2009-2012, Apple shifted at least $74 billion away from the IRS's reach.

How do they do it? Mainly through use of subsidiaries in places as diverse and exotic as Ireland, Luxembourg, the British Virgin Islands, and Reno (yes, the one in Nevada). For example, Apple owns a holding company organized in Ireland called Apple Operations International. Because the company is domiciled in Ireland, the IRS doesn't consider it to be a U.S. corporation subject to the 35% U.S. tax. But because Apple manages and controls the company from the U.S., Irish law doesn't consider it to be subject to the 12.5% Irish tax, either. Apple Operations International earned $30 billion from 2009-2012 — and didn't even file tax returns for those years. Edward Kleinbard, a law professor at the University of Southern California and former staff director at the Congressional Joint Committee on Taxation says "There is a technical term economists like to use for behavior like this. Unbelievable chutzpah."

Apple's defenders point out that Apple doesn't make the rules — they're just doing their best on behalf of their shareholders with a tax code that "has not kept up with the digital age." CEO Cook points out that Apple has created or supported 600,000 U.S. jobs (including 50,000 for Apple's own employees and 550,000 at other companies) involved in engineering, manufacturing, logistics, and software development, including third-party "app" development. They claim that Apple is probably the biggest corporate income taxpayer in the country, accounting for $1 of every $40 in corporate tax the IRS collected last year. And they argue that they don't use "tax gimmicks" like moving intellectual property offshore to sell products back into the U.S., using revolving loans from foreign subsidiaries to fund U.S. operations, or holding money in Caribbean islands or Cayman Islands bank accounts.

We realize that some of you reading these words will be outraged, and others will be envious. We're not here to pass judgment on Apple's tax strategy. But we do want to point out that Apple pays less tax the same way we help you pay less — through proactive planning. You may not have quite the same opportunities to save as Apple. But you'll never know how much you can save if you don't sit down with us to try. So call us today!

You Think Your Taxes Are High?

The United States and France have been friends for centuries. The French navy provided much of the military might we needed to defeat the British in the Revolutionary War. The French Revolution inspired our own founders to the promise of republican government. And French territory, acquired in the Louisiana Purchase, provided land for 15 of today's 50 states. While the United States and France never shared the same sort of "special relationship" as the United States and England, the two countries have traditionally shared a warm bond.

Today, France doesn't stride quite so mightily across the world stage. But the land of liberte, egalite, and fraternite still sponsors the world's most prestigious bicycle race (now maybe best known for an American cheating). They still host the occasional Jerry Lewis film festival. And really, who does toast better than the French?

Now it turns out there's something else that France does well, and that's taxing its citizens. The French newspaper Les Echos reported last week that thousands of French households paid more than 100% of their 2012 income in tax. Sacre bleu! How can this be?

Last year, the Socialist candidate Francois Hollande ousted the conservative Nicolas Sarkozy to become France's President. Hollande immediately did what Socialists typically promise to do — he hiked taxes. Specifically, the new government imposed a one-time levy on 2011 income for households earning over €1.3 million (roughly $1.67 million). That levy hit top incomes hard. In 2012, over 8,000 households paid taxes topping 100% of their income. 9,910 households paid between 85% and 100%, and a further 12,000 paid between 75% and 85%. And you think you pay a lot?

Hollande wasn't satisfied with that one-time hike. He also proposed an "exceptional solidarity contribution" nearly doubling taxes on about 1,500 top earners with income over €1 million from 41% to 75%. That move led actor Gerard Depardieu and several other high-profile personalities to renounce their French citizenship.

France's Constitutional Council, which rules on the constitutionality of legislation before it goes into effect, struck down that 75% tax as unfair. They didn't have a problem with the rate, per se. They objected that it applied to individuals rather than households — a household with two individuals, each earning €900,000 would escape it, while a household with a single individual earning €1.1 million would pay. However, the council still approved raising the top rate to 45% on incomes over €150,000 (roughly $198,000), cutting several existing loopholes, and stiffening a wealth tax on net assets worth more than €800,000. And Prime Minister Jean-Marc Ayrault has pledged to reintroduce the 75% top rate, using the template provided by the Constitutional Council.

Perhaps not coincidentally, Hollande is now the least popular president in French history. How happy would you be with your President if he wanted three out of every four of your extra dollars!

Fortunately, our taxes are nowhere near that high. But they still aren't any fun to pay. That's why we focus our business on proactive tax planning to help you pay less. Maybe you'll use the savings for that dream vacation you've always wanted. They say Paris is nice this time of year!

Don't Be Like These People

Last week, we talked about the IRS Criminal Investigation unit, which just released their Fiscal 2012 report. That report was filled with the sort of dry statistics you would expect from an IRS annual report: 5,125 total investigations launched, 202 crooked tax preparers indicted, 199 identity thieves sent to prison, and 64 months average time behind bars for money launderers. But the report also includes dozens of stories of tax cheats who really just should have known better — and some whose stories are so entertaining we just had to share them. Are you having a bad day? Well, be glad you're not one of these people!

• Michael Gerace owned Abbott Pizza in Buffalo, New York, where he cooked up delicious pizzas, calzones, and strombolis. He also cooked up a fake set of books for his accountant, shorting Uncle Sam about 500,000 pepperonis over three years. Now, instead of serving happy customers, Geraci is serving 21 months in prison. Here's hoping the warden recognizes his talents and assigns him to the kitchen instead of the license plate shop!
  
• Miguel Vasquez was a tax preparer in suburban Philadelphia. In 2008 and 2009, he prepared 1,654 fraudulent tax returns claiming fake deductions for fake business losses and applying for fraudulent refunds. Bad move, right? As if that wasn't bad enough, he failed to report the income he earned from defrauding the government on his own tax return! Vasquez can look forward to 10 years in jail, plus a $1.6 million fine.
• Evelyn Wells and her daughter Cassandra Dean recruited friends and family to file false tax returns using fabricated W-2's reporting fabricated employers and fabricated withholding amounts. Those co-conspirators then claimed very real cash refunds. Wells drew a year and a day in prison, while her daughter drew 21 months. We're all for "family values." But this hardly seems like the sort of activity you want to share with the kids!
• Veronica Dale worked for a company that serviced Medicaid beneficiaries, where she stole personal information. She and various co-conspirators used that information to file over 500 fraudulent returns and request $3,741,908 in tax refunds. Dale drew 334 months in prison and a $2.8 million fine. Identity theft has become a top target for IRS criminal investigators, but not everyone seems to have gotten that memo.
• John Walshe owned Finzer Business Systems in Denver. From 2005 through 2007, he withheld $912,286 in income tax and FICA contributions from his employees' paychecks, but "forgot" to send it to the IRS. (He also stole $18,853 in 401k contributions, but who's counting?) Walshe was sentenced to 46 months in the hoosegow, where he'll have a hard time earning enough to pay his $1.3 million fine.
• Miguel Angel Trevino Morales and his brother Omar raised quarter horses at a farm in sleepy Lexington, Oklahoma (population 2,152). The farm turned out more than its fair share of winners, including one named Mr. Piloto who scored a million-dollar purse at Ruidoso Downs. But the farm also turned out horses with curious names like "Number One Cartel" and "Coronita Cartel." It turns out (spoiler alert) that the brothers were laundering cash for Mexican narcotrafficantes. Associates bought horses at auction, sometimes paying with duffel bags of cash. Authorities indicted the Trevinos and seized over 400 horses worth $12 million.

Look, we know you want to pay less tax. But you don't have to risk time behind bars to do it. You just need the right plan. The Tax Code is so complicated that there are actually more ways to save legitimately than there are to cheat. So let us give you the plan you need to save tax and sleep well, too!

Who's Afraid of the Big Bad Wolf?

Our federal government devotes millions of man-hours and billions of dollars each year to law enforcement. The FBI, DEA, and Bureau of Alcohol, Tobacco, and Firearms, along with lesser-known agencies like the U.S. FDA's Office of Criminal Investigations (pursuing criminal violations of food and drug laws), the Department of Commerce's Office of Export Enforcement (responsible for keeping dangerous technology out of the wrong hands), and NOAA's Fisheries Office for Law Enforcement (charged with protecting the ecosystem and marine life) all strike fear in at least some body's heart.

But there's one agency that has an almost mythical power in most minds, and that's the IRS. The tax cops put Pete Rose and Wesley Snipes in jail. They put Al Capone in jail, for Pete's sake! We'd all better watch out, right? Well, you be the judge. Last week, the IRS Criminal Investigation unit released their Fiscal 2012 annual report— and the findings might surprise you. Here are some of the highlights:

• Investigators cover a wide variety of tax-related crimes beyond the garden-variety tax fraud and celebrity "failure to file" cases that command the biggest headlines. Their work also includes identity theft, offshore tax evasion, tax treaty cases, tax protesters, money laundering, terrorist financing, public corruption, and drug enforcement cases. 

• Business is booming — but numbers are still relatively small considering the 100 million+ returns the IRS collects every year. For Fiscal 2012, the Service initiated just 5,125 investigations, up from 4,720 in 2011. Out of those 5,125 investigations, they recommended 3,710 prosecutions (IRS investigators don't actually prosecute offenders themselves; they turn that job over to the Department of Justice.) There were 3,390 indictments and 2,634 convictions — the Feds generally don't take you to court if they're not already sure they can win. 2,466 lucky winners drew all-expense-paid trips to "Club Fed."

• Investigators spend a lot of time chasing down crooked tax preparers. For 2012, they investigated 443 suspicious-looking characters, recommended 276 prosecutions, and won 178 convictions. The average convicted preparer earns 29 months in jail, up from 25 months in 2011.

• The IRS continues to uncover people who really just ought to know better. Take Jimmy Dimora, for example, a former Cuyahoga County (Ohio) Commissioner, who found himself looking for ways to supplement his county pay. Dimora took more than $166,000 in bribes to steer contracts to allies, get jobs and raises for associates, intercede with judges on pending cases, and generally abuse his office. Naturally, he forgot to pay tax on those bribes. Jimmy wound up drawing a 336 month sentence for his sideline business. (For those of you who try not to use math on a daily basis, that's 28 years behind bars.)

Do any of these points strike a chord with you? Of course they don't. The average American has nothing to fear from the Criminal Investigations unit. As far as most of us are concerned, the IRS is just the federal government's collection agency, nothing scarier. You've got to do something really outrageous to draw one of those 5,000 case investigations.

We all know taxes are going up this year, and we all know nobody wants to pay. That's the bad news. The good news is you don't have to flirt with IRS Criminal Investigations to pay less. You just need a plan. There's no shortage of court-tested, IRS-approved strategies for minimizing your tax. So if you're still smarting from April 15, and you haven't asked us about our planning service, what are you waiting for? 

Tax Plans start at as little as $1,500 and the average client saves $10-20K after implementation.