Saturday, January 12, 2013

“Why is my paycheck smaller?”



That just might be this year’s million dollar question.

Many taxpayers, particularly those in the middle class, breathed a brief sigh of relief when Congress passed legislation to keep their income taxes from rising.  What they may not have realized, however, is that workers will have to pay at least two percent more in Social Security taxes, meaning the country’s 160 million workers will see smaller paychecks.  Households that earn $50,000 will pay an extra $1,000 in taxes for 2013.  Individuals earning the maximum 2013 cap of $113,700 or more will pay $2,274, or nearly $200 per month.

 In 2011, the government temporarily lowered the payroll tax rate to 4.2% from 6.2%.  This tax cut was made with the thought that taxpayers would have more cash in their pockets which (they hoped) would provide a boost to the economy.  This tax cut has expired and an additional payroll tax rate decrease is not expected.  A decrease in payroll taxes, which are used to fund Social Security, costs about $120 billion annually and the Treasury Department has made up for the difference with money from general funds.


IRS Circular 230 Disclosure

Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.

Wednesday, January 9, 2013

IRS Gives Preparers a Break on Continuing Education Requirements



The Internal Revenue Service is giving tax preparers a chance to make up their continuing education hours if they didn’t complete all of the required hours by the end of last year.

As part of its effort to regulate the tax preparation profession, the IRS began requiring Registered Tax Return Preparers to complete 15 hours of continuing education last year after passing their competency tests and renewing their Preparer Tax Identification Numbers (see IRS Warns Tax Preparers to Get Continuing Education, Posts List of Providers).

However, a number of tax preparers were not able to complete all 15 hours, so the IRS said on its Facebook page that it is allowing them to make up for any of those hours, but they still need to complete another 15 hours of continuing education this year.

“We've received some questions from people who didn't get their 15 hours of CE completed in 2012,” said the IRS Facebook post. “Here’s the deal: In addition to the 15 hour requirement for 2013, you must also make up any hours not completed in 2012. There is no need to designate or notify us that hours earned in 2013 are for 2012. Be sure to keep records of the programs you attend. Additionally, for those people who answered ‘no’ to the CE requirement question on their PTIN renewal, we will be sending them a letter soon advising them they are still responsible for the hours.”


IRS Circular 230 Disclosure

Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.


Tax Prep Chains Cope with IRS Tax Season Delay



The big national tax prep chains reacted to the Internal Revenue Service’s announcement that tax season would be delayed until the end of the month with a mixture of statements ranging from acceptance to resignation to the equivalent of “I told you so.”

The IRS said Tuesday that the start of tax season for individual returns would be postponed until January 30, with some tax returns unable to be processed until late February or March (see IRS Delays Tax Season until End of January).

The biggest tax chain, H&R Block, noted that the January 30 start for processing federal income tax returns was eight days later than originally planned. Not one to lose business because of a minor thing like an IRS delay, however, Block cautioned that this does not mean taxpayers have to delay preparing their tax returns. “Whether taxpayers prepare in one of H&R Block’s 11,000 tax offices or use our At Home product, they can prepare their returns now and we will hold them until the IRS is ready to begin processing,” said the chain.

“While the IRS indicated some forms may be delayed, the majority of taxpayers can begin the filing process now. By preparing the tax return with H&R Block now, taxpayers can have confidence they’ll get their tax refund as fast as possible,” said Kathy Pickering, executive director of The Tax Institute at H&R Block.

According to IRS data, approximately 18 million total taxpayers typically file a tax return in January with 98 percent of those receiving a refund, Block noted. “With refunds now coming several weeks later, those who can afford it the least are impacted the most,” Pickering said.

To ensure timely processing of the return and refund delivery, H&R Block recommended that taxpayers still prepare their return as they normally would.
Like Block, Jackson Hewitt also urged taxpayers to start early, despite the IRS delay.
“Despite the new filing date, taxpayers can—and should—start having their tax returns prepared,” said the company. “Jackson Hewitt Tax Service now has thousands of locations open around the country to assist taxpayers in answering their questions and preparing their returns. Approximately 18 million taxpayers file in January.”

“Although unfortunate and burdensome for millions of taxpayers, this IRS delay does not impact our readiness or our ability to work with our clients,” said Jackson Hewitt president and CEO Philip H. Sanford. “In fact, the delay, which is one of many complexities resulting from the recent fiscal cliff negotiations, points to how this year is even more challenging than years past. Now more than ever is the time to work with an experienced tax preparer to navigate the many changes and ensure every taxpayer makes the most of those changes.”

Jackson Hewitt insisted that its systems and software are all up to date, even though the IRS had just announced that its own systems were not. “Those who are ready to begin the filing process can stop by their local Jackson Hewitt, begin their return, determine the amount of refund owed to them and select how they prefer to receive their refund and have everything finalized for the IRS acceptance date,” said the company. “The IRS anticipates that nine out of ten refunds will be issued again this year in less than 21 days, and even with the delay for filing until January 30, the sooner taxpayers file their returns, the sooner they will get their refunds. “

Most taxpayers will be able to file their returns on January 30, including taxpayers who itemize deductions and claim the sales tax deduction, Jackson Hewitt noted, although that might make its offices a little bit crowded.  However, the company acknowledged that taxpayers who claim an energy credit, depreciation or business credits would be delayed until late February.

For its part, Liberty Tax Service recycled excerpts from a news release it issued last Friday, correctly predicting that tax season would be delayed (see Fiscal Cliff Law May Delay Tax Season, Liberty Warns). The new release included the same quote from CEO and founder John Hewitt, who had earlier co-founded Jackson Hewitt and was a former Block executive. “This has been an epic beginning to tax season 2013,” Hewitt reiterated. “I’m starting my 44th tax season looking at the worst delays in filing I have ever seen. Fortunately, we have the most experienced management team of any tax preparation company and are ready to navigate these rough waters.”

Liberty acknowledged that the IRS’s announcement meant that the vast majority of tax filers—more than 120 million households—should be able to start filing tax returns starting January 30. However, it added, “to further frustrate the situation, refunds could be delayed to mid to late February.”

“Due to the last-minute tax law changes made by Congress under the American Taxpayer Relief Act (ATRA), the IRS has scrambled to update forms and make critical programming changes to its processing systems,” Liberty explained. “They also anticipate that the remaining taxpayers will be able to start filing in late February and early March because of the needed changes on the more extensive forms and processing systems. The IRS provides a full listing of the forms that are currently not being accepted on their web site: IRS.gov.

“Liberty Tax is staying in contact with the IRS to keep abreast of the release of these updated forms. And we are fully prepared to move forward and help our customers get their money as quickly as possible," said Hewitt.

Throwing cold water on Block and Jackson Hewitt’s insistence that taxpayers stop by anytime to get their tax returns prepared, Liberty noted that the IRS emphasized that there was no advantage to filing on paper before January 30. The company reiterated that taxpayers would receive their tax refunds much faster by e-filing their return. More than 80 percent of taxpayers filed electronically last year.

Liberty said it would be “working alongside the IRS to help the American people with the delays this tax season and to ensure they receive the most current and accurate tax assistance.”

The IRS could have used some of that timely help from lawmakers in Congress who waited until the last possible minute—plus about 24 hours beyond that—to finally pass the fiscal cliff legislation setting the tax rates, patching the AMT and extending the expired tax breaks.


IRS Circular 230 Disclosure

Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.


NAEA Raises Questions on Unfilable Forms

  The National Association of Enrolled Agents said it has heard concerns from its members regarding the IRS list of 30 additional tax forms that 1040 filers won’t be able to begin filing until late February or early March.
The forms range from 3800 (General Business Credit) and 4136 (Credit for Federal Tax Paid on Fuels) to 8932 (Credit for Employer Differential Wage Payments) and 8936 (Qualified Plug-in Electric Drive Motor Vehicle Credit).

The NAEA noted that it had heard serious concerns regarding Form 4562.

“We have heard from a number of Enrolled Agents that the delay for filing Form 4562 (Depreciation and Amortization (Including Information on Listed Property)) appears to be problematic for farmers,” the association said in an announcement e-mailed to members. “Qualified farmers (and fishermen) need to make estimated payments by January 15 or to file their 2012 returns with full payment by March 1 in order to avoid estimated tax penalties. Clearly, if the Form 4562 is not available until after March 1, these taxpayers find themselves in a predicament.

The association said that conversations it had with the IRS left it convinced that senior executives there were working hard on the issue, then added, “Our best guess (but we stress this is only a guess!) is that IRS will find a way to hold harmless farmers who would otherwise face estimated tax penalties.”

The IRS said earlier this week that it plans to open the 2013 tax filing season and begin processing individual income tax returns on January 30, more than a week after the initially planned start date of Januar 22. Some returns cannot be processed until late February or March. The service also said that it has not yet set a date when all 30 forms may be filed.

“We expect the IRS to determine a single date on which all 30 of these forms may be filed, rather than allowing taxpayers and tax preparers to file the individual forms as programming for that form is completed,” the NAEA said.
 
IRS Circular 230 Disclosure

Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.

IRS Warns Against Submitting Incomplete Tax Returns

  The Internal Revenue Service warned electronic filing providers Wednesday that they must not submit tax returns electronically before receiving all Forms W-2, W-2G and 1099-R from taxpayers.

In an email alert to tax professionals, the IRS said that if taxpayers are unable to secure and provide a correct Form W-2, W-2G, or 1099-R, e-file providers may submit the electronic return only after securing Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Insurance Contracts, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs etc. in accordance with the use of that form. “This is the only time Providers should submit an electronic return with information from pay stubs or Leave and Earning Statements (LES),” the IRS added.

The IRS noted that it monitors Authorized IRS e-file Providers for compliance with this and other IRS e-file rules and requirements. The IRS warned electronic filers that it may also conduct monitoring visits to ensure compliance with Revenue Procedure 2007-40 and with IRS e-file rules and requirements included in IRS e-file publications.

“The IRS may warn or sanction Providers that violate IRS e-file rules and requirements,” the IRS cautioned. “Sanctions may be a written reprimand, suspension of one to two years or expulsion from participation from IRS e-file depending on the seriousness of the infraction. Providers may appeal sanctions through the Administrative Review Process. Additional information regarding sanctioning is available at IRS.gov in Publication 3112, IRS e-file Application and Participation.”

The IRS announced Tuesday that it was delaying the start of tax season until Jan. 30 because of the last-minute fiscal cliff legislation, and noted that some tax returns with certain cannot be filed until late February or March.
 
IRS Circular 230 Disclosure

Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.