Posts Tagged exceptions

Making Work Pay tax credit

April 1st was implementation day for the Making Work Pay tax credit, and it wasn’t an April Fool’s joke. The American Recovery and Reinvestment Act of 2009 (ARRA), Congress’ most recent effort to “stimulate” our economy, contains this new tax credit, which will affect everyone when filing your individual return. You may be able to take advantage of an income tax credit of as much as $400 ($800 for a married couple) on your personal tax return for the next two years.

 

The Making Work Pay tax credit served as centerpiece of the tax reduction provisions of the ARRA. President Obama strongly pursued its inclusion in the legislation because it would put money back into the pockets of working people. The annual tax credit (available in 2009 and 2010) is equal to 6.2% of earned income, to a maximum credit of $400 for an individual ($800 for a married couple filing jointly). The Key is “a maximum credit of $400 per working individual”. Dependants have no bearing on this.

 

Technically, taxpayers will receive the tax credit when they prepare and file their tax returns a year from now for 2009 (and then for 2010 the next year). However, practically speaking, taxpayers that receive wages from employment in 2009 will receive the tax credit in small increments throughout the year. How? The IRS in late February issued a new set of withholding tables structured to informally pay the amount of the tax credit over the course of the year by reducing required withholding amounts on payroll.

The Issue

The new withholding are designed to save employees roughly $10 per week for the rest of the year (40 weeks x $10 = a $400 tax credit). This isn’t working out for a lot of people.  Several of my clients have called me because they are having more taken out then the ten dollars, some are even getting as much as forty-three dollars more a week.

 

This is a problem and will affect refunds and or amount due/s. Why, because you aren’t having as much withheld, and tax tables on your income haven’t changed. Withholdings went down, not income tax on your earnings.

 

The IRS produced new withholding tables in February and asked employers to implement them by April 1. But, withholding tables are a blunt instrument, unable to precisely assess taxes for everyone’s unique situations. Employers who use the tables don’t know workers’ complete situation, such as whether an employee has a second job or is married to someone who also works. That means some workers will end up with more cash than they’re eligible for under the new credit.

 

Adjustments may have to be made by individuals to make sure they’re not over- or under-withheld.

 

Again, the lower withholding may cause some unwanted results for taxpayers with more than one job, two-earner married couples, and high-income taxpayers.

The Fix

The IRS is aware of this issue and warns taxpayers that they (individual taxpayers) are responsible for making sure their withholdings are correct. This means that you are ultimately responsible for making sure you have enough withheld from your checks using your form W-4.

 

The first thing you can do is make sure your employer has these new tables. The new tables and instructions are found in IRS Publication 15-T. The next thing to do would be to Contact your tax professional and discuss this with them.

 

If that isn’t a viable option you can contact me I will be glad to help.

 

Beware, though, because the credit is phased out as your adjusted gross income exceeds $75,000 for individuals ($150,000 for married couples filing jointly). If your income exceeds $95,000 ($190,000 for married couples filing jointly), then you will not be able to receive any benefit from the Making Work Pay tax credit.

 

Timing is everything, especially with taxes … and tax information.

 

The IRS has an online calculator that reflects the new stimulus act withholding tables to help you get your amount just right. Armed with your most recent tax return and paycheck stub, you can in 10 minutes or so fill in the required information and get instructions on filling out a new W-4. You should use the calculator now. Then again, later in the year to ensure your assumptions are on track (around the end of October). You can always make a tweak or adjustment with your very final paychecks for the year so you don’t have any penalty or big surprise.

If you don’t have the time to run through the calculator — it involves entering various tax-related figures, including expected credits and the like — there’s another way: Submit a new W-4 filled out the same way as your old form but with one exception: On line 6, add the extra dollar amount to be withheld from each paycheck. See Form W-4 on IRS site (PDF).

 

The easiest way might be to leave the number of allowances alone, see how much they’re reducing your withholding by and then on line 6 write in that you want them to withhold an extra amount.

 

But remember: That W-4 stays in effect until you file a new one. If you don’t want the same additional amount to be withheld starting in January, file a new W-4.

 

There’s a third option: Don’t worry about the credit now, and just wait until you file in 2010 to pay the bill.  Not recommended by me unless your checks are exactly $10.00 more per week.

Tags: economy, exceptions, income tax credit, irs, maximum credit, paycheck, payroll, personal tax return, reinvestment act, s, stimulus, Taxes, taxpayers, wages, withholding

Notes From the IRS

Click to continue reading “Notes From the IRS”

Tags: Audits, Deductions, dependents, exceptions, Forms, History, income, irs, irs tax, mistake, publication 17, Review, status, tax form, Tax preparer, tax time tips, Taxes, taxpayers

Choosing the Right Representative

Choosing the Right Representative to Help You with Your Federal Tax Problems.

 

When you or your business is faced with tax problems it is a good idea to consider hiring a professional to help you navigate through the complex tax laws and procedures.  The problem is often finding the representative that is right for you.  Questions you may have include: Should I hire an accountant or lawyer?  Do I need a local representative or does it matter where the person is based?  What is the lawyer’s/accountant’s reputation?

 

As a lawyer myself, I will answer these questions in typical lawyer fashion: “It depends.”

 

First and foremost, you should choose a representative that is right for you.  The personal relationship that you form with a representative is one of the most valuable criteria for hiring someone.  It is important that both the representative and client trust one another, be on the same page as to the desired resolution of the problems and agree on the way to approach the IRS.

 

Accountant or Lawyer.

Generally, both accountants and lawyers are permitted to practice before the IRS.  This means that either may help you in handling a tax audit, appeals of audit findings and tax collection matters.  However, subject to certain exceptions, only lawyers can represent a client in court.  Therefore, when making a decision on whom to hire, consider how far you are willing (or can afford) to push a case to get the resolution you are looking for.  In moving through the process, having a lawyer involved will increase the risk to the IRS that litigation will actually occur.  This may encourage a more favorable settlement.  Further, if you think you will need the protection of the “Attorney – Client Privilege” while pursuing your case, you may want a lawyer instead of an accountant.

 

Do You Need a Local Representative.

In days gone by (before the IRS Restructuring and Reform Act of 1998 ) most tax related issues were handled by local IRS offices.  The Restructuring Act, however, changed a lot of this by centralizing certain functions in different regions of the country.  As such, local representation is less relevant than it used to be.  Due to these landscape changes much of the work can easily be managed through conference calls and correspondence. 

 

Knowledge and Reputation.

Of course, when choosing a representative to help you with your tax problems, you want to be sure that he or she has both the knowledge and reputation that can help you.  Investigate the person to find out more about who you will be dealing with.  If you are reading this post, you are likely already using the internet as a tool to find out more. 

 

Most representatives will have a website.  While informative, don’t rest completely on the representations made on that website.  The website will list the accomplishments of the attorney/accountant and provide information on their skill set.  Start here to find out if the person can do for you what you need.  But don’t stop here.

 

Find out if the prospective representative has a blog.  If so, spend some time reading through the blog to see if you are impressed with their knowledge of the tax laws and procedures.  If so, this may be the right representative for you.

 

Use search engines to find out what you can about the representative’s reputation.  While you won’t find a website called “here is a list of representatives and what the IRS thinks of them,” you will be able to find out whether the representative has written scholarly articles in industry magazines or business journals.  This may be the best way to find out about one’s reputation.  If a reputable journal will publish their work, there is a greater likelihood that the author has a good reputation. 

 

Be mindful however, that specific and direct recommendations for a particular representative will likely be hard to come by.  Most people don’t want to broadcast to the world that they or their business has had tax troubles.

 

The Ultimate Goal.

Ultimately, the goal is to find someone that is right for you.  When doing so, consider the points made above.  At the end of the day, you want to be comfortable with your choice and have confidence that you have hired the right person for the job.

 

 

Rob Teuber is an attorney with the law firm Weiss Berzowski Brady LLP and author of the tax law blog www.federaltaxlawforum.com.

Tags: attorney client privilege, Audits, client trust, exceptions, federal tax problems, irs, lawyer, reputation, tax audit, Taxes

SEO Powered by Platinum SEO from Techblissonline

The Missouri "taxguy" is Digg proof thanks to caching by WP Super Cache