Archive for April, 2011

Common IRS Tax Audit Red Flags

The IRS performs many audits of various tax returns either on a random basis or on suspicion of tax fraud or errors in reporting. Though there is no sure way of avoiding such an audit, there are several red flags that can increase the chances of being subjected to an audit. Some of these red flags are described below:

Unmatched Reports

Your IRS returns are recorded in a self-matching system to ensure that the information received is crosschecked by a corresponding entry from a related return. If you pay for a contractor to upgrade your rental apartments for example, the IRS will expect a corresponding entry in the contractor’s tax returns as an income. If the IRS is unable to match any incomes or any deductions, they will most likely contact you and request for support documents or perform an audit, depending on the magnitude of the discrepancy. Therefore, always crosscheck the figures indicated in your returns with the numbers provided in invoices, receipts, 1099, W-2, and other tax related documentation.

Home Office Related Expenses

Home offices are another common audit red flag for the IRS. Because it is at times, hard to allocate the expenses used for personal use and those used for the business, the IRS tends to question and investigate these cases. In many instances, home office business individuals lump all the expenses to the business, including those for personal use. The IRS may therefore, audit such businesses and seek explanations on how expenses are allocated between business and personal use.

Tip Off Information

Another common red flag for audit is information provided to the IRS by a third party as to a suspected tax cheat. The IRS provides up to 20% of the taxes recovered, including penalties and interests, to any individual who provides information to the IRS regarding tax evasion of any nature. Therefore, it is advisable to avoid discussing your taxes others, especially those not related in any way to your taxes.

Rental Income Losses

Over the past years, rental income has been a major loophole for irregular deductions and tax evasion. For this reason, the IRS has placed various limitations and rules to govern and regulate the taxes relating to rental income. Losses are limited to a deduction of $25,000 and you need to show profitability with rental property. Rental income returns are also a red flag for IRS audits.

Large or Recurrent Business Losses

Having large business losses is another red flag for an audit. The IRS will want to know the reason for the loss before they permit you to deduct the loss from future taxable incomes. The IRS will also audit businesses that have frequent losses or low profits as compared to other businesses in the same industry. The IRS allows for 3 consecutive losses after which you will have to convert your business to a hobby. However, if you keep having losses with low profit years in between, it will definitely attract an audit. You should also be careful with business startups, especially if they will make losses, as they are also commonly subjected to IRS audits.

Large Charity Donations

The IRS also places a red flag on large donations made by individuals or businesses that are not proportionate to the incomes or revenues indicated in the returns. The IRS usually uses various statistical trends to compare such things as incomes and charity donations. Therefore, if your donation overly exceeds the average curve of the income-donation correlation, you will most likely get Uncle Sam auditing you.

Independent Contractor Entries

When receiving labor-related services in your business from a third party, you need to be careful whether to record their fee as employment or as fees for an independent contractor. This is another red flag area. You need to be sure that the hours worked and the type of work done does not fall under employee as per IRS regulations. If you indicate employees as independent contractors and the IRS catches up with you, you may be forced to pay personal taxes and other related penalties.

Tax Class Basics About Gift Taxes

A US government tax is normally imposed on any large gift, which a Registered Tax Return Preparer must advise a taxpayer about owing. The gift is not reported by the recipient as taxable income. Rather, a donor reports the amount on a gift tax return and pays any taxes due.

The purpose of the gift tax is to avoid permitting a donor to give away property right before death in order to avoid estate tax. Gift tax is therefore part of the law dealing with estate tax. A RTRP should advise a taxpayer about a reportable gift even if the tax professional only prepares income tax returns. This is one of the ethical standards requiring tax preparers to assist individuals in not underreporting taxable transactions.

The same lifetime exclusion for the estate tax applies to gift tax. That is, estates or gifts below a total lifetime value do not incur the tax. This amount is subject to change by statute. It is $5,000,000 beginning with the 2011 tax year. Therefore, anyone who dies that year may have excluded up to $5,000,000 of combined gifts and estate value from the tax.

Educational training for the tax preparer exam includes information about taxable gifts. Gifts are not taxable in many cases. There is a tax-free exclusion representing the amount that one person can give away annually to anyone else. This exclusion is $13,000 for the 2010 tax year but is adjusted each year for the cost-of-living.

The exclusion is not limited to family members. It applies to all gifts. In addition, married individuals can agree to gift splitting. This allows them to jointly give twice the annual exclusion to one person.

When taking a tax class, you will find examples for application of the gift tax. A possible scenario involves a gift of $25,000. The $12,000 amount over the annual exclusion is reportable on a gift tax return. However, it can be excluded from a tax assessment if part of the lifetime exclusion is applied.

In addition, if the individual is married and the spouse agrees to gift splitting, they can each report gifts of $12,500 that both fall under the annual exclusion. Your tax courses teach you how gift tax returns are used to report gift splitting.

The gift tax is applicable to almost every type of gift. However, there are some exceptions. These include gifts to spouses, political organizations, amounts paid directly to providers of healthcare or education.