Thursday, August 8, 2019

Individuals with significant tax debt should act promptly to avoid revocation of passports


Experienced Tax AccountantThe Internal Revenue Service today urged taxpayers to resolve their significant tax debts to avoid putting their passports in jeopardy. They should contact the IRS now to avoid delays in their travel plans later.

Under the Fixing America’s Surface Transportation (FAST) Act, the IRS notifies the State Department (State) of taxpayers certified as owing a seriously delinquent tax debt, which is currently $52,000 or more. The law then requires State to deny their passport application or renewal. If a taxpayer currently has a valid passport, State may revoke the passport or limit a taxpayer’s ability to travel outside the United States.

When the IRS certifies a taxpayer to State as owing a seriously delinquent tax debt, the taxpayer receives a Notice CP508C from the IRS. The notice explains what steps the taxpayer needs to take to resolve the debt. IRS telephone assistors can help taxpayers resolve the debt. For example, they can help taxpayers set up a payment plan or make them aware of other payment options. Taxpayers should not delay because some resolutions take longer than others.

Don’t Delay!
It’s especially important for taxpayers with imminent travel plans who have had their passport applications denied by State to call the IRS promptly. The IRS can help taxpayers resolve their tax issues and expedite reversal of their certification to State. When expedited, the IRS can generally shorten the 30 days processing time by 14 to 21 days. For expedited reversal of their certification, taxpayers will need to inform the IRS that they have travel scheduled within 45 days or that they live abroad.

For expedited treatment, taxpayers must provide the following documents to the IRS:

Proof of travel. This can be a flight itinerary, hotel reservation, cruise ticket, international car insurance or other document showing location and approximate date of travel or time-sensitive need for a passport.

Copy of letter from State denying their passport application or revoking their passport. State has sole authority to issue, limit, deny or revoke a passport.
The IRS may ask State to exercise its authority to revoke a taxpayer’s passport. For example, the IRS may recommend revocation if the IRS had reversed a taxpayer’s certification because of their promise to pay, and they failed to pay. The IRS may also ask State to revoke a passport if the taxpayer could use offshore activities or interests to resolve their debt but chooses not to.

Before contacting State about revoking a taxpayer’s passport, the IRS will send Letter 6152, Notice of Intent to Request U.S. Department of State Revoke Your Passport, to the taxpayer to let them know  what the IRS intends to do and give them another opportunity to resolve their debts . Taxpayers must call the IRS within 30 days from the date of the letter. Generally, the IRS will not recommend revoking a taxpayer’s passport if the taxpayer is making a good-faith attempt to resolve their tax debts.

Ways to Resolve Tax Issues
There are several ways taxpayers can avoid having the IRS notify State of their seriously delinquent tax debt. They include the following:

Paying the tax debt in full,
Paying the tax debt timely under an approved installment agreement,
Paying the tax debt timely under an accepted offer in compromise,
Paying the tax debt timely under the terms of a settlement agreement with the Department of Justice,
Having a pending collection due process appeal with a levy, or
Having collection suspended because a taxpayer has made an innocent spouse election or requested innocent spouse relief.
Relief programs for unpaid taxes
Frequently, taxpayers qualify for one of several relief programs including the following:

Payment agreement. Taxpayers can ask for a payment plan with the IRS by filing Form 9465. Taxpayers can download this form from IRS.gov and mail it along with a tax return, bill or notice. Taxpayers who are eligible can use the Online Payment Agreement system to set up a monthly payment agreement. Using the Online Payment Agreement system is cheaper and can save time.

Offer in compromise. Some taxpayers may qualify for an offer in compromise, an agreement between a taxpayer and the IRS that settles the tax liability for less than the full amount owed. The IRS looks at the taxpayer’s income and assets to determine the taxpayer’s ability to pay. Taxpayers can use the Offer in Compromise Pre-Qualifier tool to help them determine whether they’re eligible for an offer in compromise.
Subject to change, the IRS also will not certify a taxpayer as owing a seriously delinquent tax debt or will reverse the certification for a taxpayer:

Who’s in bankruptcy,
Who’s identified by the IRS as a victim of tax-related identity theft,
Whose account the IRS has determined is currently not collectible due to hardship,
Who’s located within a federally declared disaster area,
Who has a request pending with the IRS for an installment agreement,
Who has a pending offer in compromise with the IRS, or
Who has an IRS accepted adjustment that will satisfy the debt in full.
For taxpayers serving in a combat zone who owe a seriously delinquent tax debt, the IRS postpones notifying the State Department of the delinquency and the taxpayer’s passport is not subject to denial during the time of service in a combat zone.

Questions? Give us a call. We're happy to help! For consultation contact us today!

Amare Berhie, Senior Accountant           
(651) 300-4777

Wednesday, December 26, 2018

Tax Year 2018 TCJA: Depreciation: Sections 168 and 179 Modifications


Experienced Tax AccountantTemporary 100 Percent Expensing (Bonus Depreciation) The law increases the bonus depreciation percentage from 50 percent to 100 percent for qualified property acquired and placed in service after September 27, 2017, and before January 1, 2023. The bonus depreciation percentage for qualified property that a taxpayer acquired before September 28, 2017, and placed in service before January 1, 2018, remains at 50 percent. Special rules apply for longer production period property and certain aircraft. The definition of property eligible for 100 percent bonus depreciation was expanded to include used qualified property acquired and placed in service after September 27, 2017, if all the following factors apply:

  • The taxpayer or its predecessor didn’t use the property at any time before acquiring it.
  • The taxpayer didn’t acquire the property from a related party.
  • The taxpayer didn’t acquire the property from a component member of a controlled group of corporations.
  • The taxpayer’s basis of the used property purchased is not figured in whole or in part by reference to the seller or transferor adjusted basis.
  • The taxpayer’s basis of the used property is not figured under the provision for deciding basis of property acquired from a decedent.
  • Also, the cost of the used property eligible for bonus depreciation doesn’t include the basis of property determined by reference to the basis of other property held at any time by the taxpayer (for example, in a like-kind exchange or involuntary conversion).

The law added qualified film, television and live theatrical productions as types of qualified property that may be eligible for 100 percent bonus depreciation. This provision applies to property acquired and placed in service after Sept. 27, 2017.

Under the TCJA, certain types of property are not eligible for bonus depreciation in any taxable year beginning after December 31, 2017.

The law also eliminated qualified improvement property placed in service after December 31, 2017 as a specific category of qualified property.

Expensing Depreciable Business Assets (Section 179)
Businesses can immediately expense more of their business assets under TCJA. A taxpayer may still elect to expense the cost of any section 179 property and deduct it in the year the property is placed in service. The TCJA increased the maximum deduction from $500,000 to $1million. It also increased the amount at which the deduction begins to phase out from $2 million to $2.5 million. For taxable years beginning after 2018, these amounts of $1 million and $2.5 million will be adjusted for inflation.

TCJA modifies the definition of section 179 property to allow taxpayers to elect to include certain improvements made to nonresidential real property, including most improvement to a building’s interior, plus roofs and systems for heating, air conditioning, security and fire protection.

Depreciation Limitations on Luxury Automobiles and Personal Use Property
The TCJA changed depreciation limits for passenger vehicles placed in service after December 31, 2017. If the taxpayer doesn’t claim bonus depreciation, the greatest allowable depreciation deduction is:

  • $10,000 for the first year,
  • $16,000 for the second year,
  • $9,600 for the third year, and
  • $5,760 for each later taxable year in the recovery period.

If a taxpayer claims 100 percent bonus depreciation, the greatest allowable depreciation deduction is: 

  • $18,000 for the first year,
  • $16,000 for the second year,
  • $9,600 for the third year, and
  • $5,760 for each later taxable year in the recovery period.

The TCJA also removes computer or peripheral equipment from the definition of listed property. This change applies to property placed in service after December 31, 2017.

Applicable Recovery Period for Real Property
The general depreciation system recovery periods are still 39 years for nonresidential real property and 27.5 years for residential rental property. The alternative depreciation system recovery period for nonresidential real property is still 40 years. However, the TCJA changes the alternative depreciation system recovery period for residential rental property from 40 years to 30 years. Qualified leasehold improvement property, qualified restaurant property and qualified retail improvement property are no longer separately defined and no longer have a 15-year recovery period under the TCJA.

These changes affect property placed in service after December 31, 2017.

Additionally, a real property trade or business that elects out of the business interest deduction limit must use the alternative depreciation system to depreciate nonresidential real property, residential rental property, and qualified improvement property. This change applies to taxable years beginning after December 31, 2017.

Questions? Give us a call. We're happy to help! For consultation contact us today!

Amare Berhie, Senior Accountant           
(651) 300-4777

Friday, December 21, 2018

Tax Year 2018 TCJA: 20% Qualified Business Income Deduction


Experienced Tax AccountantMany sole proprietors and self-employed individuals, partners in partnerships, beneficial owners of trusts, and shareholders in S corporations may be eligible for a new deduction - referred to as Section 199A or the deduction for qualified business income - allowing them to deduct up to 20 percent of their qualified business income. The deduction is available for tax years beginning after Dec. 31, 2017. Eligible taxpayers can claim it for the first time on the 2018 federal income tax return they file in 2019.

Qualified business income includes domestic income from a trade or business. It does not include employee wages, capital gain, interest and dividend income. The deduction is generally available to eligible taxpayers whose 2018 taxable incomes fall below $315,000 for joint returns and $157,500 for other taxpayers. It’s generally equal to the lesser of: 
  • 20 percent of their qualified business income plus 20 percent of their qualified real estate investment trust dividends and qualified publicly traded partnership income, or 
  • 20 percent of taxable income minus net capital gains. Deductions for taxpayers above the taxable income thresholds may be limited.


Questions? Give us a call. We're happy to help! For consultation contact us today!

Amare Berhie, Senior Accountant           
(651) 300-4777

Thursday, December 20, 2018

Tax Year 2018 TCJA: Corporate Tax Rate


Experienced Tax AccountantThe TCJA lowers the corporate tax rate to a flat 21 percent of taxable income for tax years beginning after December 31, 2017. Some corporations elect to use a fiscal year end and not a calendar year end for federal income tax reporting purposes. Due to a provision in TCJA, a corporation with a fiscal year that includes January 1, 2018 will pay federal income tax using a blended tax rate and not the flat 21 percent tax rate under TCJA that would generally apply to taxable years beginning after December 31, 2017.

Questions? Give us a call. We're happy to help! For consultation contact us today!

Amare Berhie, Senior Accountant           
(651) 300-4777

Monday, December 10, 2018

Tax reform law makes changes to employee achievement award rules


Tax Reform Tax Tip 2018
  
Experienced Tax Accountant The IRS reminds employers that last year’s Tax Cuts and Jobs Act made changes to several programs that can affect an employer's bottom line and its employees' deductions. This includes employee achievement awards.

Here are some facts about these changes:

Under previous law:
Employers could deduct the cost of certain employee achievement awards. Deductible awards were excludible from employee income.

Under the Tax Cuts and Jobs Act:
There is now a prohibition on cash, gift cards and other non-tangible personal property as employee achievement awards.

Special rules allow an employee to exclude certain achievement awards from their wages if the awards are tangible personal property.

The new law clarifies that tangible personal property doesn’t include cash, cash equivalents, gift cards, gift coupons, certain gift certificates, tickets to theater or sporting events, vacations, meals, lodging, stocks, bonds, securities, and other similar items.

If you would like to discuss how these changes affect your particular situation, and any planning moves you should consider in light of them, please give me a call.

Very truly yours,

Amare Berhie, Senior Accountant           
(651) 300-4777