by Fresh Start Tax | Aug 5, 2013 | Tax Help
Tax Tips from Fresh Start Tax LLC on how reduce Your Taxes with Miscellaneous Deductions.
If you itemize deductions on your tax return, you may be able to deduct certain miscellaneous expenses.
You may benefit from this because a tax deduction normally reduces your federal income tax.
Here are some things you should know about miscellaneous tax deductions:
1. Deductions Subject to the Two Percent Limit.
You can deduct most miscellaneous expenses only if they exceed two percent of your adjusted gross income.
These include expenses such as:
- Unreimbursed employee expenses.
- Expenses related to searching for a new job in the same profession.
- Certain work clothes and uniforms.
- Tools needed for your job.
- Work-related travel and transportation.
- Deductions Not Subject to the Two Percent Limit. Some deductions are not subject to the two percent of AGI limit. Some expenses on this list include:
1. Certain casualty and theft losses. This deduction applies if you held the damaged or stolen property for investment. Property that you hold for investment may include assets such as stocks, bonds and works of art.
2. Gambling losses up to the amount of gambling winnings.
3. Losses from Ponzi-type investment schemes.
4. Many expenses are not deductible.
For example, you can’t deduct personal living or family expenses. Report your miscellaneous deductions on Schedule A, Itemized Deductions.
Be sure to keep records of your deductions as a reminder when you file your taxes in 2014.
Contact us today to learn more about how to reduce your tax through miscellaneous tax deduction’s.
by Fresh Start Tax | Aug 5, 2013 | Tax Help
If you owe tax to the Internal Revenue Service here are some different ways to take care of the problem
Tips for Taxpayers Who Owe Taxes
1. Tax bill payments.
If you get a bill from the IRS , you should pay it as soon as possible to save money. You can pay by check, money order, cashier’s check or cash. If you cannot pay it all, consider getting a loan to pay the bill in full. The interest rate for a loan may be less than the interest and penalties the IRS must charge by law.
2. Electronic Funds Transfer.
It is easy to pay your tax bill by electronic funds transfer. Just visit IRS.gov and use the Electronic Federal Tax Payment System.
You may also use EFTPS to pay your taxes by phone at 800-555-4477.
3. Credit or debit card payments.Yes, you can pay by credit card.
You can also pay your tax bill with a credit or debit card. Even though the card company may charge an extra fee for a tax payment, the costs of using a credit or debit card may be less than the cost of an IRS payment plan.
To pay the IRS by credit or debit card, contact one of the processing companies listed at IRS.gov.
4. More time to pay.
You may qualify for a short-term agreement to pay your taxes. This may apply if you can fully pay your taxes in 120 days or less. Call us today to work out a payment solution.
5. Installment Agreement.
If you can’t pay in full at one time and can’t get a loan, you may want to apply for a monthly payment plan. If you owe $50,000 or less, we can apply using the IRS Online software Payment Agreement application.
It’s quick and easy. If approved, we will notify you immediately.
We can arrange to make your payments by direct debit.
This type of payment plan helps avoid missed payments and may help avoid a tax lien that would damage your credit.
Taxpayers may also apply using IRS Form 9465, Installment Agreement Request. If you owe more than $50,000, you must also complete Form 433F, Collection Information Statement. For approved payment plans the one-time user fee is $105 for standard and payroll deduction agreements. The direct debit agreement fee is $52. The fee is $43 if your income is below a certain level.
6. Offer in Compromise.
The IRS Offer-in-Compromise program allows you to settle your tax debt for less than the full amount you owe. An OIC may be an option if you can’t fully pay your taxes through an installment agreement or other payment alternative.
The IRS may accept an OIC if the amount offered represents the most IRS can expect to collect within a reasonable time. Use the OIC Pre-Qualifier tool to see if you may be eligible before you apply.
The tool will also direct you to other options if an OIC is not right for you.
7. The new Fresh Start program.
If you’re struggling to pay your taxes, the IRS Fresh Start initiative may help you. Fresh Start makes it easier for individual and small business taxpayers to pay back taxes and avoid tax liens.
8. Check withholding.
You may be able to avoid owing taxes in future years by increasing the taxes your employer withholds from your pay. To do this, file a revised Form W-4, Employee’s Withholding Allowance Certificate, with your employer. The IRS Withholding Calculator tool at IRS.gov can help you fill out a new W-4.
9. If you cannot pay the Internal Revenue Service.
If you cannot pay the Internal Revenue Service it is possible for your tax case to be put into an economic tax hardship. The Internal Revenue Service will need a current financial statement and they will make a determination based on your ability to pay.
Contact us today and we can fully review your individual circumstance and recommend to you a solution or resolution to immediately resolve your tax situation.
Owe IRS Tax – Different ways to take care of Owing the IRS
by Fresh Start Tax | Jul 26, 2013 | Tax Help
Appeal System of the Internal Revenue Service.
People sometimes disagree on tax matters, the IRS has an appeal system. However reasons for disagreeing must come within the scope of tax laws. The IRS process of appeals must be followed to the letter of the law or they will be completely denied by the Internal Revenue Service.
The Appeal IRS Decision
The tax decision reached by the examiner may be appealed to a local appeals office, which is separate and independent of the IRS Office that conducted the examination.
An appeals office is the only level of appeal within the IRS.
IRS Conferences with the appeals division office personnel may be conducted in person, through correspondence, or by telephone with the taxpayer or its authorized representative.
Instructions for requesting a conference with an appeals officer are always provided in the letter of proposed tax adjustment. It is the job of each unit to make sure each taxpayer, business or corporate entity receives specific instructions regarding the appeals process.
In FSLG, the Letter 950 is generally used to propose adjustments to employment taxes.
It states that to request a conference with an appeals officer, the taxpayer will need to file either a small case request or a formal written protest with the contact person named in the letter.
Whether you file a small case request or a formal written protest depends on several factors.
Small Case Appeals
If a conference is requested the examiner will send the conference request letter to the appeals office to arrange for a conference at a convenient time and place. The taxpayer or its qualified representative should be prepared to discuss all disputed issues at the conference. Most differences are settled at this level.
To go further passes process involves going to tax court so it is critical that cases are settled at this level. Needless to say Tax Court can run thousands and thousands of dollars.
Only attorneys, certified public accountants or enrolled agents are allowed to represent a taxpayer before Appeals.
Making a Small Case Request $25,000 or less
A small case request is appropriate if the total amount of tax, penalties, and interest for each tax period involved is $25,000 or less.
If more than one tax period is involved and any tax period exceeds the $25,000 threshold, a formal written protest for all periods involved must be filed.
The total amount includes the proposed increase or decrease in tax and penalties or claimed refund.
To make a small case request, the instructions in the letter of proposed tax adjustment provide that the taxpayer should send a brief written statement requesting an appeals conference and indicate the changes with which it does not agree with and the reasons it does not agree with them.
Be sure to send the protest within the time limit specified in the letter you received, which is generally 30 days. If you are sending this request in by mail make sure you send it certified. If it is not received on a timely basis IRS will deny your request.
Filing a Formal IRS Protest or Appeals with the IRS
When a formal protest is required, it should be sent within the time limit specified in the letter. The following should be provided in the protest:
1. Taxpayer’s name and address, and a daytime telephone number.
2. A statement that taxpayer wants to appeal the IRS findings to the Appeals Office.
3. A copy of the letter proposed tax adjustment.
4. The tax periods or years involved.
5. A list of the changes that the taxpayer does not agree with, and reason for disagreement.
6. The facts supporting the taxpayer’s position on any issue that it does not agree with.
7. The law or authority, if any, on which the taxpayer is relying.
Important note
All taxpayers must sign the written protest, stating that it is true, under the penalties of perjury as follows:
“Under the penalties of perjury, I declare that I examined the facts stated in this protest, including any accompanying documents, and, to the best of my knowledge and belief, they are true, correct, and complete.”
If the taxpayer’s representative prepares and signs the protest for the taxpayer, he or she must substitute a declaration stating:
That he or she submitted the protest and accompanying documents and;.
Whether he or she knows personally that the facts stated in the protest and accompanying documents are true and correct.
You can hire Former IRS Appeal Agents for Nationwide appeals
If you need to hire professional tax help to appeal or resolve your IRS dispute contact us today a you can speak directly to former IRS agents, managers and tax instructor.
Also on staff at Fresh Start Tax is a former IRS appeals agent who worked in the Appeal division for over 25 years. We are a nationwide company.
You can contact us today for a free initial tax consultation.
Appeal IRS Problem with Former IRS Appeals Agents – The Appeals Process
by Fresh Start Tax | Jul 26, 2013 | Tax Help
The Appeal System of the Internal Revenue Service.
Because people sometimes disagree on tax matters, the IRS has an appeal system. Most differences can be settled within this system without going to court and not only that is a much cheaper way to go ahead and resolve your IRS dispute.
Reasons for disagreeing must come within the scope of tax laws.
A case may be taken directly to tax court if the taxpayer does not want to appeal within the IRS.
Appeal or Resolution Within the IRS
The tax decision reached by the examiner may be appealed to a local appeals office, which is separate and independent of the IRS Office that conducted the examination. An appeals office is the only level of appeal within the IRS.
IRS Conferences with appeals office personnel may be conducted in person, through correspondence, or by telephone with the taxpayer or its authorized representative
Instructions for requesting a conference with an appeals officer are provided in the letter of proposed tax adjustment.
In FSLG, the Letter 950 is generally used to propose adjustments to employment taxes. It states that to request a conference with an appeals officer, the taxpayer will need to file either a small case request or a formal written protest with the contact person named in the letter.
Whether you file a small case request or a formal written protest depends on several factors.
If a conference is requested the examiner will send the conference request letter to the appeals office to arrange for a conference at a convenient time and place. The taxpayer or its qualified representative should be prepared to discuss all disputed issues at the conference. Most differences are settled at this level.
Only attorneys, certified public accountants or enrolled agents are allowed to represent a taxpayer before Appeals.
Making a Small Case Request
A small case request is appropriate if the total amount of tax, penalties, and interest for each tax period involved is $25,000 or less.
If more than one tax period is involved and any tax period exceeds the $25,000 threshold, a formal written protest for all periods involved must be filed. The total amount includes the proposed increase or decrease in tax and penalties or claimed refund.
To make a small case request, the instructions in the letter of proposed tax adjustment provide that the taxpayer should send a brief written statement requesting an appeals conference and indicate the changes with which it does not agree with and the reasons it does not agree with them.
Be sure to send the protest within the time limit specified in the letter you received, which is generally 30 days.
Filing a Formal IRS Protest or Appeals with the IRS
When a formal protest is required, it should be sent within the time limit specified in the letter. The following should be provided in the protest:
- Taxpayer’s name and address, and a daytime telephone number.
- A statement that taxpayer wants to appeal the IRS findings to the Appeals Office.
- A copy of the letter proposed tax adjustment.
- The tax periods or years involved.
- A list of the changes that the taxpayer does not agree with, and reason for disagreement.
- The facts supporting the taxpayer’s position on any issue that it does not agree with.
- The law or authority, if any, on which the taxpayer is relying.
The taxpayer must sign the written protest, stating that it is true, under the penalties of perjury as follows:
“Under the penalties of perjury, I declare that I examined the facts stated in this protest, including any accompanying documents, and, to the best of my knowledge and belief, they are true, correct, and complete.”
If the taxpayer’s representative prepares and signs the protest for the taxpayer, he or she must substitute a declaration stating:
- That he or she submitted the protest and accompanying documents and;.
- Whether he or she knows personally that the facts stated in the protest and accompanying documents are true and correct.
If you need to hire professional tax help to appeal or resolve your IRS dispute contact us today a you can speak directly to former IRS agents, managers and tax instructor.
Also on staff at Fresh Start Tax is a former IRS appeals agent who worked on the South Florida IRS appeals offices for over 25 years.
We also have on staff tax attorneys and CPAs for more complicated tax issues and cases involving tax court.
You can contact us today for a free initial tax consultation.
Appeal Resolve IRS Dispute – Former IRS Appeals Agents – Ft.Lauderdale, Miami, Palm Beaches – Florida
by Fresh Start Tax | Jul 26, 2013 | Tax Help
There is a new an expedited process that will make it easier for financially distressed homeowners to avoid having a federal tax lien block refinancing of mortgages or the sale of a home.
If taxpayers are looking to refinance or sell a home and there is a federal tax lien filed, there are options.
Taxpayers or their representatives, such as their lenders, may request that the IRS make a tax lien secondary to the lien by the lending institution that is refinancing or restructuring a loan.
Taxpayers or their representatives may request that the IRS discharge its claim if the home is being sold for less than the amount of the mortgage lien under certain circumstances.
The process to request a discharge or a subordination of a tax lien takes approximately 30 days after the submission of the completed application, but the IRS will work to speed those requests in wake of the economic downturn.
Filing a Notice of Federal Tax Lien is a formal process
Filing a Notice of Federal Tax Lien is a formal process by which the government makes a legal claim to property as security or payment for a tax debt.
It serves as a public notice to other creditors that the government has a claim on the property and is extremely damaging to taxpayers credit.
In some cases, a federal tax lien can be made secondary to another lien, such as a lending institution’s, if the IRS determines that taking a secondary position ultimately will help with collection of the tax debt.
That process is called subordination.
Taxpayers or their representatives may apply for a subordination of a federal tax lien if they are refinancing or restructuring their mortgage. Without lien subordination, taxpayers may be unable to borrow funds or reduce their payments. Lending institutions generally want their lien to have priority on the home being used as collateral.
To apply for a certificate of lien subordination, people must follow directions in Publication 784, How to Prepare an Application for a Certificate of Subordination of a Federal Tax Lien.
Again, there is no form but there must be a typed letter of request and certain documentation.
The request should be mailed to one of 40 Collection Advisory Groups nationwide. See Publication 4235, Collection Advisory Group Addresses, for address information.
Taxpayers or their representatives may apply for a certificate of discharge of a tax lien if they are giving up ownership of the property, such as selling the property, at an amount less than the mortgage lien if the mortgage lien is senior to the tax lien.
The IRS may also issue a certificate of discharge in other circumstances if the taxpayer has sufficient equity in other assets, can substitute other assets, or is able to pay the IRS its equity in the property.
Without a tax lien discharge, the taxpayer may be unable to complete the home ownership change and the ownership title will remain clouded.
To apply for a tax lien discharge
To apply for a tax lien discharge, applicants must follow directions in Publication 783, Instructions on How to Apply for a Certificate of Discharge of a Federal Tax Lien. There is no form but there must be a typed letter of request and certain documentation.
The request should be mailed to one of 40 Collection Advisory Groups nationwide. See Publication 4235 for address information.
The IRS also urges people to contact the agency’s Collection Advisory Group early in the home sale or refinancing process so that it can begin work on their requests. People sometimes delay informing lenders of the tax liens, which only serves to delay the transaction.
Currently, there are more than 1 million federal tax liens outstanding tied to both real and personal property. The IRS issues more than 950,000 federal tax lien notices annually.
Federal Tax Lien Releases – Selling home, Fast Tax Lien Relief
by Fresh Start Tax | Jul 25, 2013 | Sales Tax, Tax Help
If you have been notified by Florida sales tax that you are going to be undergoing a tax audit you want to make sure that you are defended by a reputable Florida tax firm better tax experts and have a specialty for sales and use tax defense.
You can call us today to review your tax audit papers so we can let you know the scope of the investigation and possible solutions or resolutions that can take place.
There are number of ways that the Florida sales tax audit can take place and it varies from audit to audit, region or region and auditor auditor.
There are also several methods that can be used to audit floor sales tax so it is important to understand the different auditing methods that may take place.
Listed below are a few audit options that can be used Florida sales tax.
How a Florida Sales and Use may audit and conduct your tax audit: The use of Selecting the Sample:
The first step in selecting the sample is to identify the sampling frame.
The sampling frame is a group of items from which the sample is drawn or a listing of sampling units.
In a homogeneous sampling frame, any item in the frame is representative of any other item; therefore, a random selection of all items in the frame will be representative.
The auditor determines how the accounting records are physically stored and available in order to identify the sampling frame.
Typically, accounting records have numbered sampling frames or non-numbered sampling frames, or they may have a combination of both.
Both numbered and non-numbered sampling frames can be randomly sampled using WinSample.
WinSample is a software program developed by the General Tax Administration’s Statistics Team and Applied Technology.
WinSample randomly selects sample points from many possible sampling frames using a seed number.
WinSample may be used when taxpayer records are not available in an electronic format suitable for stratified statistical sampling or e-Auditing.
Numbered sampling frames include source documents that are consecutively numbered.
Some examples are:
• Invoice numbers
• Voucher numbers
• Check numbers Non-numbered sampling frames include source documents that have no natural numbering system.
Although not consecutively numbered, a random sample of the transactions may still be identified.
Some examples of non-numbered sampling frames supported in WinSample are:
• Time periods (days, weeks, months, quarters)
• Journals (with page numbers and multiple lines on each page)
• Imaged documents
• Microfiche
After the sampling frame is identified, data integrity tests for each sampling frame should be performed.
Data integrity tests should be performed on both numbered and non-numbered populations.
Audit-Related Information
Electronic auditing, or e-Auditing,
Electronic auditing, or e-Auditing, is computer-assisted auditing using electronic records to complete all or part of the audit. If you use a computer to record your business activity and keep this data electronically, you are a candidate for an electronic audit.
We prefer to examine electronic records because it is the most accurate and efficient method of conducting an audit.
The Certified Audit Program
The Certified Audit Program is a cooperative effort between the Florida Department of Revenue and the Florida Institute of Certified Public Accountants (FICPA). Taxpayers who have not received a Notice of Intent to Audit from the Department are eligible. The program gives taxpayers the opportunity to hire qualified CPA firms to review their sales and use and local option tax compliance. As an incentive, Revenue waives penalties and reduces interest if tax is owed as a result of the audit.
The Voluntary Disclosure Program
The Voluntary Disclosure Program allows you to report previously unpaid or underpaid tax liabilities for any tax administered by the Florida Department of Revenue.
Once you have paid the tax and interest, Revenue will waive the penalties. If you think you might owe back taxes and Revenue has not contacted you about the liability, you may be eligible for the Voluntary Disclosure Program.
Standard Industry Guides provide tax information for specific types of businesses. Taxpayers may use them to help understand sales tax issues likely to surface relating to the industry; and relevant laws, court cases, and other technical documents.
Tax clearance letters and transferee liability certificates: When buying a Florida business, the purchaser should ask the seller for documentation of any tax, penalty, or interest due to the Department of Revenue.
A business owner can use a clearance letter as proof of good standing with the Department.
Florida Sales Tax
Each sale, admission charge, storage, or rental is taxable unless the transaction is exempt. Sales tax is added to the price of the taxable goods or service and collected from the purchaser at the time of sale. Florida’s general sales tax rate is 6 percent.
Use Tax
Use tax is due on the use or consumption of taxable goods or services when sales tax was not paid at the time of purchase.
For example:
If you buy a taxable item in Florida and didn’t pay sales tax, you owe use tax.
If you buy an item tax-exempt intending to resell it and then use the item in your business or for personal use, you owe use tax.
If you buy a taxable item outside Florida and bring or have it delivered into this state and you didn’t pay sales tax on the item, you owe use tax.
Discretionary Sales Surtax
Most Florida counties have a discretionary sales surtax (county tax) that applies to most transactions subject to the sales or use tax. The county surtax rate applies to a taxable item or service delivered into a county imposing a surtax. The surtax rate that applies to motor vehicles and mobile homes is determined by the home address of the purchaser. Check the rates for each county (Form DR-15DSS) in which you sell or deliver taxable goods or services.
For certain transactions, only the first $5,000 of a taxable sale or purchase is subject to the discretionary sales surtax.
How Tax Is Calculated
Sales tax and discretionary sales surtax are calculated on each taxable transaction. Florida uses a bracket system for calculating sales tax when the transaction falls between two whole dollar amounts.
Multiply the whole dollar amount by the tax rate (6 percent plus the county surtax rate) and use the bracket system to figure the tax on the amount less than a dollar. The Department of Revenue has rate tables (Form DR-2X) to help you.
Who Must Pay Tax?
Before you begin business in Florida, you must first find out if your business activity or products used will be subject to sales or use tax.
If it is, you must register to collect sales tax or pay use tax. Revenue provides a partial list of business activities that are taxable.
Governments and nonprofit organizations may not have to pay sales tax.
If you don’t know if your business must register to collect sales tax, contact your local service center or Taxpayer Services.
Florida Sales Tax Registration
You can register to collect and pay sales and use tax using our secure Internet site.
Once you are registered, we will send you a Certificate of Registration (Form DR-11), an Annual Resale Certificate for Sales Tax (Form DR-13) and tax return forms. Place the Certificate of Registration in a visible area of the business. You can use a signed copy of your current Annual Resale Certificate to buy products tax-exempt that you will resell or re-rent.
Filing and Paying Taxes
You can file and pay sales and use tax using Revenue’s secure web application or you may buy software from an approved vendor. You can access the web application using your certificate number and business partner number or a Revenue-issued user ID and password.
You must enroll in our e-Services program to receive a user ID and password. Enrollment has advantages: you can save your bank account and contact information, view your filing history, and reprint returns.
Please take time to read our detailed electronic filing and payment information. Taxpayers who report and pay tax electronically can download a payment due date calendar.
Helpful hints are available to prevent common mistakes, provide answers to common questions, and help ensure a successful filing.
Businesses whose sales and use tax collections are less than $20,000 per year may pay and report tax using a paper Sales and Use Tax Return (Form DR-15).
Revenue has detailed instructions (Form DR-15N) to help you accurately complete your return. However, we encourage all taxpayers to file and pay electronically.
Florida Sales Tax – Audit Defense Help – Tax Representation – Florida Sales Tax Experts
