Chimpanzees and Charity

by Kenneth Hoffman in


Disneynature's newest movie, Chimpanzee, is a documentary masterpiece for all ages. It's a truly original film that stands out in a multiplex of lookalikes, copies, remakes, and sequels. And Chimpanzee's cinematography is amazing -- the simple beauty of the jungles and the animals stands in contrast to so many of today's movies all tricked out with 3D gimmicks and computer-generated special effects.

 

Filmmakers spent four years "embedded" in the lush rainforest of Ivory Coast's Tai National Park to make the movie, which follows the life of "Oscar," a predictably adorable young chimp. Oscar learns how to use rocks to open nuts (apparently harder than it looks) and use sticks to go "fishing" for army ants (apparently a real delicacy to chimpanzee foodies). There's a turf war with a rival community for control over a valuable nut grove. And, this being a Disney movie, Oscar loses his mother to a leopard around the beginning of the third reel. (It's handled sensitively -- there's nothing to terrify children or grandchildren in the audience.) Losing his mother poses a real threat to Oscar's life, until, remarkably, he's "adopted" by Freddy, the community's alpha male. The film is narrated by Tim Allen, whom even the youngest viewers will recognize as the voice of "Buzz Lightyear" from Disney/Pixar's mega-successful Toy Story series.

 

Primatologists have suspected that chimpanzees like Freddy might altruistically adopt orphaned young in their group. But this is the first example of such behavior actually caught on film. (There's no word on whether Freddy "taxed" the rest of the community for the expenses of caring for Oscar, or whether "tax avoidance" is part of their natural behavior!)

 

Disney has announced that they are donating a portion of Chimpanzee's opening-weekend ticket sales to the Jane Goodall Institute for the "See Chimpanzee, Save Chimpanzee" program to protect habitats. Disney will donate 20 cents for every ticket sold, with a minimum donation of $100,000. (The movie grossed $10.2 million over its opening weekend, the highest opening gross in history for any nature documentary.) So -- and here at last we come to the tax question of the day -- does that mean that if you were one of the first to see it, you can deduct part of your ticket?

 

Unfortunately, no, that's not how it works. You got your "money's worth" from the movie itself, although Disneynature can certainly deduct the contribution on its return. It's like buying a ticket to a college football game. The college itself may be a not-for-profit organization -- but buying a ticket isn't a "donation" because you get something of value in exchange. (Some colleges let you make donations in exchange for the right to buy season tickets -- in those cases, the IRS treats that "right" as being worth 20% of the donation amount and lets you deduct the remaining 80%.)

 

Deductions for charitable contributions are a mainstay of the tax code. Charitable contributions let you do well for society while you do well for yourself -- which of course is something we want to help with, too! We can help you maximize deductions for gifts of used clothing and household accessories. We can help you plan for bigger gifts of cash, cars or boats, art or antiques, appreciated securities, real estate, and even life insurance. And don't forget, we're here for the rest of your "community," too!

 

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


Removal of Tax Lien From Credit Report

by Kenneth Hoffman in ,


New IRS procedures allow for the taxpayer to file an Application for a Withdrawal of a Federal Tax Lien (Form 12277) after the debt has been paid in full. 

The advantage of a Withdrawal, rather than merely a Release, which is always filed when the tax is paid, is that from a credit standpoint, the Withdrawal acts as if the Federal Tax Lien was never filed in the first place.  The removal of the Federal Tax Lien from your credit report should increase your overall credit score.

There is a specific way the form should be completed.  If you have a Federal Tax Lien on your credit report, please contact us.

K.R. Hoffman & Co., LLC, counsels Entrepreneurs, Professionals and Select Individuals in taking control of their taxes and understand their financial affairs. Discover how we can help you with your business and tax challenges; call me at (954) 591-8290 or drop me a note.

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Do Skinny Cows Make Lowfat Cheese?

by Kenneth Hoffman in ,


The California Milk Advisory Board is an agency of the California Department of Food and Agriculture dedicated to promoting California dairy products. You've probably never heard of the Board. But we'll bet you've seen their television spots, with their catchy slogan: "Great cheese comes from happy cows. Happy cows come from California."

Now, The Atlantic magazine reports that landowners on the other side of the country are saving millions in tax by taking advantage of "America's Dumbest Tax Loophole: The Florida Rent-a-Cow Scam." But are those Florida cows as happy as their cousins in California?

Here's how it works. Florida's "greenbelt law" aims to help preserve farmland by taxing it according to its agricultural-use value, rather than its (higher) potential development value. To qualify, you just have to file a four-page application and convince your county tax appraiser that you're using the land for "bona fide" agricultural purposes. You don't even have to make an actual income from your "farming" in order to lower the valuation on your property. Pretty sweet so far, right?

But what if you're not even really a farmer? What if you're a rich developer, with land just sitting idle that you're getting ready to build on, and you want to get in on the party? No problem! Lease your land to a nearby cattle rancher, plop a few cows in what's left of the grass, and start saving big! Some landowners let ranchers graze their cattle for free. But the tax breaks are so rich and creamy that some landowners actually pay the ranchers to graze their cows, justifying the "rent-a-cow" nickname.

At this point, you're probably scoffing this is . . . well, udderly ridiculous. Au contraire, my naive friend, au contraire!

The Miami Herald reported back in 2005 that over two-thirds of the greenbelt law's biggest beneficiaries aren't true farmers. Developer Armando Codina saved $250,273 in 2004 by grazing cattle on land he owned in northwest Miami-Dade County while he built industrial warehouses on it. Then he asked the county to declare his "ranch" to be an environmentally contaminated "brownfield," while he still had cows on the land! (That had to make the cows happy.) Developer Richard Bell saved $140,168 that same year by grazing 16 cows on a 49-acre tract where he planned to build million-dollar McMansions. Even U.S. Senator Bill Nelson got in on the act -- he keeps "about six cows" on 55 acres of property near the Indian River and saves $43,000 per year. The Herald found "skinny" and "underfed" cows eating garbage and grazing on bare, rocky land throughout the state.

Developers confess that this may not have been exactly what the Florida Legislature intended when they passed the greenbelt law back in 1959. But they argue that vacant land shouldn't be taxed at full value if it's just aging till ripeness. And they point out that once the land is developed, new homes and offices generate plenty of tax revenue.

We have no clue if the Florida cows are as happy as the California cows. Nor can we tell you if their cheese is any good. But we can tell you that you don't have to go to such ridiculous lengths to save big on your income taxes. The tax code is full of legitimate deductions, credits, and opportunities that serve legitimate public goals. And it's our job to help put all those opportunities to work for you.

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


Expense Documentation

by Kenneth Hoffman in , , ,


We've often mentioned the importance of adequate documentation to substantiate a business deduction. Ideally you should have a canceled check and an invoice marked paid with the serial number of the item purchased. While that may be viable for certain big-ticket assets, realistically, that's not often the case for most expenses. And the IRS knows that. There are many other ways to document expenses that are acceptable. However, you should be able to show that payment was made (e.g., a canceled check) and the nature of the item purchased (e.g., an invoice with a description of the item).

 Travel and entertainment, auto expenses and charitable contributions. There are separate rules for these items, and they're very strict. I won't deal with them here. They'll be detailed in an upcoming blog post.

Canceled check. The check should have the payee and should show the cancellation on the back. Why the cancellation? In the case of large or unusual purchases, the IRS may check that the payee actually cashed the check.

Checks not returned. Many businesses (and individuals) no longer have their checks returned. The IRS will accept images of the check. In order to be accepted as proof of payment, the statement must exhibit a high degree of legibility and readability. If your bank doesn't send you hard copies of the images, you should be able to download PDF copies of the checks. Don't rely on the bank to save statements and check images. After a certain period of time you may not be able to retrieve them without cost. Download statements and images each month. (That's good advice for other statements where you may no longer receive hard copies such as telephone bills, etc.) You may also be able to show proof of payment by providing:

  • an invoice marked "paid",
  • a check register or carbon copy of the check, and
  • an account statement that shows the check number, date, and amount.

An account statement prepared by a financial institution showing check clearance will be accepted as proof of payment if the statement shows:

  • the check number,
  • the amount of the check,
  • the date the check amount was posted to the account by the financial institution, and
  • the name of the payee.

Credit/debit cards. If payment is made using a credit card, the IRS requires that you have an account statement that shows the amount of the charge, the date of the charge (i.e., transaction date), and the name of the payee. If payment is made using a credit card, the IRS requires that you have an account statement that shows the amount of the charge, the date of the charge (i.e., transaction date), and the name of the payee. Most likely your credit card company is already mailing you these statements monthly. Cards specifically designed for business like American Express business credit cards will also provide year-end summaries. Note, this will only provide proof of payment.

Electronic funds transfer. If you transfer funds electronically, the IRS will accept an account statement prepared by a financial institution showing an electronic funds transfer as proof of payment if the statement shows:

  • the amount of the transfer,
  • the date the transfer was posted to the account by the financial institution, and
  • the name of the payee.

Invoice. You must have an invoice or other documentation showing what you purchased. A canceled check without an invoice or some other document showing the item purchase could be a problem. Statements from a supplier may be substituted, but only if they show the item. Fortunately, since most businesses are computerized, a supplier could generate a duplicate invoice if an agent insisted on seeing one. But it's best not to rely on that. When paying invoices, write the check number and amount paid on the invoice and the invoice number on the check so that you can cross reference them later if necessary.

Save all invoices. Don't assume the IRS will accept a check written to the telephone company without an invoice. The check could have been for payment of your personal line.

What about independent contractors? Even for small jobs, ask for an invoice. In addition, make sure you give the party a Form 1099, if applicable. No 1099? You could lose the deduction or be subject to penalties. What about those cash payments to some contractors? No invoice and no record of payment probably could mean no deduction.

Cash register tapes. You go to the local hardware store to purchase some fasteners for the business and get only a cash register tape with no details of the items purchased. Will it fly? If the total is relatively small and it's not a common occurrence, and agent should accept it. Write a description of the items on the slip--1 gallon paint for repainting wall; bolts for shelving. Fortunately, most stores now print the detail on the tape.

Caution on tapes. Many businesses, including major big box retailers, use heat sensitive tape to print receipts. The life can vary widely from less than 1 month under poor conditions (the glove box of your truck) to several years under good conditions. Don't take a chance. Make photocopies of the tapes.

Reasons for purchase. The business purpose of most of your purchases may be obvious. An agent is unlikely to question a laser printer cartridge, a computer, a book on how to use a computer program, etc. But be prepared for questions if the invoice or tape shows the purchase of items that normally wouldn't be business related or could be personal as well as business. For example, the purchase of a book with no clear business relationship, power tools by a computer consulting business, etc. Don't take a chance on remembering the reason several years later when you're audited. Write the business reason on the receipt or attach a description to the receipt.

Avoid personal purchases through the business. It's convenient to use a company check or credit card to purchase personal items. Resist the urge. Your accountant may spend time making the entries to adjust your expenses. If he doesn't or misses some that an agent catches, the agent might increase his scrutiny of all your expenses. You could be liable not only for additional taxes and interest but also an accuracy-related penalty. In flagrant cases the IRS may claim fraud, particularly if other indications are present.

Checks made to cash. While you should try to avoid them at all cost, that's nearly impossible. The larger the amount, the more careful you should be. Be sure to indicate on the check what the purchase was for. This is one time when an invoice can be critical. An invoice marked paid in full would certainly help your position.

Cash expenses. Some expenses will be so small that an invoice or even a cash register tape is impractical. You may also be paying in cash rather than by using a check or credit card. Keep a diary showing the date, place, amount, and description of the item purchased or service obtained. For example, "11/20/12, Madison Hardware, $6.25, nuts and bolts for shelving".

Business standards for documentation. Any invoice, contract, etc. should be up to industry standards. For example, a receipt from a local deli for sandwich platters for the office party may be scribbled on an invoice without a number (it should, of course, be dated). But an invoice for a collision repair on the company truck should contain detailed parts and labor, since the shop normally does that for insurance purposes.

Other documentation. You should also retain other documentation that might be used in addition to or in place of an invoice. For example, a contract for services, lease on equipment or office space, warranties on equipment, service contracts, etc.

Petty cash. If you keep a petty cash fund, slips showing expense reimbursements should be sufficient to document the expenses. That's assuming the expenses are small, as one would expect. Make sure that the nature of the expense is clear from the slip. Employees should check that and, if not, write on the slip the type of expenses and the vendor.

Expense reports. We're not talking travel and entertainment here. It's not unusual for an employee to purchase office supplies, small equipment, shop supplies, maybe even items to be used on the manufacturing floor that may be critical. Officers and especially officer/shareholders often pay company expenses out of their own pocket. While it's best to avoid such situations, that's not always possible. The correct procedure is to have the employee file an expense report and attach the documentation. The company should then cut the employee a check for the amount documented. For example, you need a color printer for a rush job. An employee buys an inkjet printer with his own credit card. He should file an expense report and attach the credit card slip and any other documentation from the store.

This can be especially critical when it comes to an employee/owner/shareholder. Without the expense report the company can't take the deduction because it didn't pay for the item; the employee/owner can't take the deduction because it's not a valid deduction. Special rules apply to partnerships and there's an exception if the business has a policy of not reimbursing. Talk to your tax advisor.

Cohan rule. The last resort. It's called the Cohan (Cohen vs. Commissioner, 39 F. 2d 540 (2d Cir. 1930)) rule because it evolved from a court case where the taxpayer was George M. Cohan. Cohan claimed travel and entertainment expenses for which he had no receipts. The court allowed him a deduction based upon the fact he was able to convince the court he incurred expenses but did not have proof of payment or the actual amount. Ironically, this rule cannot be applied to travel and entertainment expenses any longer. Now if required, no receipt, no deduction, no exception for those expenses.

How does the Cohan rule work today? If you can show you definitely incurred the expenses and are entitled to a deduction but don't have the receipts or proof of payment, the court may allow a deduction based on an estimate. But there has to be some basis on which the court can make the estimate. For example, you have no receipts to prove your fuel oil expense for 2012 because you inadvertently destroyed the bills. In addition, the company went out of business. Clearly you incurred some charges to heat your building. The court may estimate the expense based on an average of fuel bills for several years.

This is a last resort for a number of reasons. First, you may have to go to court to get the deduction. Second, the court is almost assuredly going to try and underestimate the amount of your deduction. Third, the rule will probably not be applied if you have access to the documentation but don't produce it (e.g., you could ask a vendor to produce the necessary statements, even if it cost you). Fourth, you'll still have to convince the court you incurred the expenses. It may believe your testimony; it may not. You'll be on safer ground if you have some corroborating evidence.

Finally, the court is under no obligation to assist you. Even if your records are destroyed through no fault of your own (e.g., a fire), the court can require you to reconstruct. You'll fare better if you can show the lack of records either isn't your fault or, if it is, there are extenuating circumstances. For example, you normally have excellent documentation but telephone and utility bills for one year were inadvertently discarded.

Corroborating witnesses. Sometimes you can convince the IRS or the court you incurred the expenses by producing witnesses. That may work, but if the witnesses aren't convincing or the court believes the testimony may be biased (they're employees or relatives), it doesn't have to accept their testimony. And that happens in a high percentage of cases. Again, not an approach to rely on.

Too much paper? In many cases you don't have to save paper copies. Electronic versions of statements received from vendors or others will normally suffice, but they must be readable. You can also scan documents and save them as electronic copies. If the documents are signed (e.g. a lease), you might want to retain an original copy. And consider retaining hard copies of important asset purchases. Contact us if you have questions or if you want to implement a paperless office.

Retention time. You may have heard hold canceled checks and other documents for 3 years, but it's more complicated than that. Technically it's three years from the date you filed the return. But if the IRS suspects you underreported your income, it can go back 6 years. If it believes fraud is present, there is no limit. For assets such as autos, equipment, etc. you should retain all documentation for at least 3 years after the asset is disposed of. And longer retention periods can apply to employment records. If you need a single rule of thumb, use a 7-year holding period for most records. But the best approach is to check with your tax adviser.

Documentation vital. Based on an informal analysis, it appears that more taxpayers lose in Tax Court because they can't substantiate their expenditures than for any other reason. While the IRS sometimes does show some flexibility, it's generally a stickler for records and can disallow the smallest expenditure for lack of them.

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


2012 Tax Campaign Preview

by Kenneth Hoffman in ,


Here's some more news from the campaign trail that may affect your taxes. On April 9, former Pennsylvania senator Rick Santorum suspended his campaign for the 2012 presidential race. This move effectively clears the way for former Massachusetts governor Mitt Romney to assume the Republican nomination.

Romney has made taxes a centerpiece of his campaign, and we expect to see even more attention focused on the issue as November draws near:

  • Romney would make the Bush tax cuts permanent.

  • He would cut top rates to 25% for both individuals and corporations.

  • He would eliminate tax on interest, dividends, and capital gains for taxpayers making under $200,000.

  • He would eliminate the estate tax entirely.

  • He would eliminate the Alternative Minimum Tax (AMT) as well as new taxes imposed by the 2010 healthcare reform legislation.

Most tax professionals see their clients just once a year. But we realize that this year's Presidential race will have a major effect on your taxes. So we're committed to tracking both candidates' tax proposals, letting you know how they affect your wallet, and offering proactive suggestions to plan for tax law changes. We're not here to take sides. We just want you to know we've got your back.

We'll be following the race carefully through November and beyond. So, if you have questions, don't hesitate to call us at 954-591-8290.


A Dubious Privilege

by Kenneth Hoffman in ,


The "Occupy Wall Street" movement argues that we live in a divided nation. First there's a gilded "1%" enjoying lives of ease and privilege. Then there's a downtrodden "99%" struggling just to stay in place. But here's a take on "the 1%" that you won't hear at your local tent city . . .

The IRS is struggling just like the rest of us to carry out its mission with limited resources. Back in 2003, they audited just one out of every 203 returns. By 2010, that number was up to one out of 90. To stretch that audit budget even further, they're auditing more and more taxpayers by mail. But one study shows that 10% of IRS mail never gets where it's supposed to go, and 27% of those who do get their mail don't even realize they're actually being audited! Naturally, that leads to more and more of the paperwork screwups that every taxpayer fears.

Enter Nina Olson. She's the IRS's first and only Taxpayer Advocate, a position created by the 1998 "Taxpayer Bill of Rights" act. She supervises the Taxpayer Advocate Service, a nationwide group of 2,000 caseworkers who specialize in cutting through red tape and greasing the wheels of the great gummy IRS machine. If the IRS sends your mail to the wrong address, slaps you with a lien after you've already paid your bill, or just makes a mistake they can't seem to fix, Olson's office is the one we'll call.

Last month, Olson delivered a presentation to the Federal Bar Association on how "the 99%" experience the tax system. And the picture she painted makes a tent in lower Manhattan Park look like a room at the Ritz. One in three taxpayers who call the Service don't get an answer. Only half of those who write hear back within six weeks. The IRS is relying on computers instead of people to audit all but the highest-income taxpayers. And perhaps most curious of all, she says, "we're getting to a situation where the only people who get face-to-face audits are the 1%"!

Now, correct us if we're wrong, but do you really consider face time with an IRS auditor a "privilege"? We all know that at least some level of government is necessary. But there are just some parts you don't want to see up close and in person. Like the "Level 4" Biolab at the Atlanta Centers for Disease Control, for example, where we store the Ebola virus, Crimean-Congo hemorrhagic fever, and other superbugs we can't risk having out on the loose. Or the "Supermax" penitentiary in Florence, Colorado, where we "store" the most dangerous felons we can't risk having out on the loose. Or the inside of any IRS Service Center!

Does Olson's "1%" comment conjure up images of plush IRS offices, with thick oriental carpets and rich leather upholstery, staffed by discreet, white-gloved concierges sitting at granite-topped desks? We can assure you that when it comes to getting audited, even the 1% have to settle for the same government-issue linoleum floors, metal chairs, and battleship gray desks as everyone else. (And really, in the unlikely event you are audited, we probably won't let you go with us anyway! Trust us -- it's for your own protection.)

We talk in these emails about how proactive planning cuts your tax bill. But paying less tax isn't the only perk of a good tax plan. Did you know that smart tax planning can also cut your audit risk? In fact, some strategies -- like choosing certain business entities -- can cut that risk by as much as 90%. So call us if you think face time with an auditor is a "privilege" you can do without!

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


Where You Report a Deduction is Important

by Kenneth Hoffman in


Does it make a difference where you report expenses? Sometimes yes, sometimes no.

You can't deduct charitable contributions on your Schedule C. Instead, they should be deducted on Schedule A as itemized deductions. What's the difference? If deducted on Schedule C the contributions would reduce the taxpayer's self-employment tax liability.

You might be able to deduct them on Schedule C if the amounts aren't really contributions but advertising expense. For example, if you buy a 1-page ad in the local high school's yearbook. Whether or not it would be advertising could depend on a number of factors.

A similar rule applies to S corporations and partnerships. Charitable contributions are passed through to the shareholders and deducted on their individual returns, not from S corporation or partnership income.

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


Mastering Tax Breaks

by Kenneth Hoffman in


This weekend's Masters golf tournament featured the usual perfect weather, gorgeous scenery, and competitive play that fans have loved for so long. Tiger Woods came into the tournament as the betting favorite based on his win at last month's Arnold Palmer Invitational -- his first tour victory in nearly three years. But Tiger's performance disappointed his fans yet again -- in fact, he even hit a spectator on Saturday. And in the end, Bubba Watson became only the third leftie in history to don the coveted green jacket.

It turns out Tiger isn't the only one having trouble on the course. Our good friends at the IRS have also "sliced into the rough" over the question of deducting conservation easements for golf courses. A "conservation easement" is a gift of a partial interest in real estate you make to a publicly-supported charity or government. If you own a historic townhouse, for example, you might donate the right to make changes to the facade, to ensure it keeps its historic character. If you own a farm at the edge of the city, you might donate development rights, to ensure it remains green space. You'll need an appraisal to support the value of your gift, as the IRS is cracking down on inflated conservation easement deductions. If your gift exceeds 50% of that year's adjusted gross income, you can carry forward the excess for up to 15 years (rather than the usual five year limit for all other charitable gifts).

The easement in question involves Kiva Dunes -- a Jerry Pate-designed golf course nestled on Alabama's Fort Morgan Peninsula, which is tucked neatly between Mobile Bay and the Gulf of Mexico. The course is surrounded by 163 upscale homes, including 30 right on the beach. It's no Augusta National, of course, although Golf Digest has ranked it the best course in Alabama. Back in 2002, the partnership that owns Kiva Dunes placed a conservation easement on the course, limiting its use to a golf course, park, or farm. They appraised the easement at $30.6 million, donated it to the North American Land Trust, and happily deducted that amount on their partnership return. (Not bad, considering the owners paid just $1.05 million for the property encompassing both the course and the homesites back in 1992!)

Not surprisingly, the IRS ruled the deduction out of bounds -- valuing the easement at just $10.0 million -- and the case wound up in Tax Court. The Court started by noting that the partnership's appraiser lives and works in the immediate vicinity of the course and has decades of experience evaluating local properties, while the IRS's appraiser lives 250 miles away in Birmingham and has only visited the vicinity of the course twice. Then they estimated how much the owners could realize if they subdivided the property for the same sort of instant mansions already surrounding the course ($31.9 million). Next, they calculated the current value of the golf course (just shy of $3.0 million). Finally, they subtracted the current value from the potential value to settle on a $28.7 million value for the easement -- really, just a chip shot away from the partnership's original appraisal.

The law allowing deductions for conservation easements expired at the end of 2011. That's not necessarily the end of the story, though -- lots of popular tax breaks expire, then come back from the dead. But this one may be more dead than usual. That's because President Obama's 2013 budget proposes to eliminate deductions for golf course conservation easements entirely, arguing that they do more to benefit the people living in the McMansions surrounding the courses than the general public. Thus, Kiva Dunes's owners may be the last to benefit from this hole-in-one of a deduction.

Minimizing your taxes may look hard, but it's a lot easier than driving straight down the fairway. Proactive planning is the key to staying out of the sand and water. Remember, we're here for you -- and the rest of your foursome, too!

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


Using Business Checkbook for Personal Purposes Raises Suspicions

by Kenneth Hoffman in ,


Using your business checkbook for personal purposes can always raise suspicions. In Dwight D. Vanover (T.C. Memo. 2012-79) the taxpayer had already undergone a criminal investigation by the IRS in connection with the underreporting of income from his business.

During the years at issue the taxpayer used the business account to buy a $159,000 boat and two collectible cars, one for $60,000 in cash; the other for $32,500 in cash and some 11 additional vehicles from various sellers for a total of $277,000.

The taxpayer's tax preparer testified that he relied on the taxpayer's summary statements of income and expenses and the taxpayer did not provide any supporting documents. He also testified that he was unaware the business bank account was used to pay the taxpayer's personal expenses.

The Court looked at the other "badges of fraud" and concluded that the IRS had proven by clear and convincing evidence that the taxpayer underpaid his tax liabilities for the years at issue and that some part of the underpayment was due to fraud.

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.


Bonus Depreciation

by Kenneth Hoffman in ,


Don't automatically take the 100% bonus depreciation, the Section 179 writeoff or even the 50% bonus depreciation. Work through the numbers.

Taking a big deduction this year could leave you with no future deductions and that will cost you if you're in a higher bracket in the future. The self-employment tax (for sole proprietorships and partners) can also be a factor. Deductions will save the self-employment tax, but the deduction is wasted once your self-employment income drops below zero.

Additionally, those depreciation deductions will have to be recaptured if you sell the asset or your business in an asset sale. While the only way to get a good answer is to work through the numbers, a red flag should go up if the depreciation or Sec. 179 deduction forces your business income to go negative.

If you have any questions about this topic, tax law changes, business tips, or how to become a client, please call us at 954-591-8290 or use our Contact form.