Posts Tagged Your responsable

No sure way to avoid an audit

          Well, here we go again, these days everyone is talking about audits. I normally try not to join into what everyone is doing but, Some things need to be Pointed out. 

          First and foremost, there is no sure fire formula or guide that dictates by “doing this you’ll avoid an audit.” At best you can do is lower the possibility and having the records to substantiate your return. Meaning, have the records to back up the numbers. 

          The IRS conducts random audits to serve as benchmarks for its examinations. The best things you can do are file on time and pay what you owe. When it comes down to it, punctuality and accuracy are the only things the IRS really wants. 

          Yet for those returns that aren’t pick randomly, there is a system of IRS software called the Discriminant Inventory Function System that analyzes tax returns for oddities and discrepancies. This secret software the IRS uses, is based on a closely guarded formula. Basically the system assigns each return a score that determines whether or not the IRS will audit you.

Here are some common “red flags“:

  • significant income increase or decrease
  • significant deduction-to-income ratio — say, $40,000 in deductions on a $50,000 income
  • business deductions consisting of fancy dinners and pricy trips to the Moulin Rouge
  • home-office deductions
  • low tip income for workers who traditionally make a lot of money from tips
  • income exceeding significant benchmarks, such as $100,000 and $1,000,000
  • self-employment
  • computational mistakes and typos
  • incorrect Social Security number
  • incorrect reporting of income, deductions, and the like.
  • late filing without applying for an extension with Form 4868
  • not paying your full tax liability without applying for an installment agreement with Form 9465

           Obviously, you can’t avoid an income change if you get a better-paying job. If you’re self-employed, you’re self-employed you’re not going to change that. However, you can still do some things to decrease the likelihood you will be targeted for examination: 

  • Keep Good Records – in the grand scheme of things, this is easy
  • Explain Yourself – include the receipts, a written explanation and any other appropriate documentation with your return
  • Don’t go overboard with your deductions – especially if you’re self-employed. Also, don’t estimate your deductions — use exact amounts based on receipts.
  • Beware of Tax Software - Tax software is great for returns at the simpler end of the range. But, when you start getting into deductions and complex sources of income, it is best to verify the accuracy of your return with a tax professional.
  • A sloppy return is sure to get a thorough check by the IRS, especially if the all-important numbers are illegible.
  • Check and Recheck Your Return – no errors in your math, make absolutely sure all your math is correct. 

          You might also lessen the chance for an audit by having it prepared by a professional. I have heard from local IRS auditors that say they are more likely to pick a self-prepared return then one prepared by a reputable tax pro.

          The best way to handle an audit is to simply stay prepared for one. You should keep a record for every line item on a tax return.

          The government (IRS) isn’t kidding. It wants its revenue, and if you can’t justify a tax break, it’s not likely that you’re going to be able to keep it.

 

Tags: audit insurance, audit protection, discrepancies, oddities, preparing taxes, Random audits, red flags, Tax Obligations, tax returns, words of wisdom, Your responsable

Righteousness in Designation?

            Friday I was interviewed and retained by a new client. This particular client has several issues that actually can fall in line with a great debate we have all been following.           

First, a little background:

             A young newly wedded (three years) couple has their tax return done by “pros” as they are not among those who follow the taxing world. We will call them Pat and Jody Taxpayer. Having just started their own Business they left HeRBert (the group who prepared their returns) for what to them was perceived as a tax professional. They retained a CPA to handle some general bookkeeping and complete tax returns. 

Good choice? 

Of course it is, “All but the militantly nefarious and hopelessly deluded concede that CPAs are experts at keeping books and records. There simply is no higher accounting “designation.” then CPA

            The CPA (Certified Public Accountant) maintained records by gaining access to Pat & Jody’s bank account using the online statements. The first tax season for this CPA came around and she completed the 2007 tax return. Another year passed, and she completed the 2008 return.

            Several months ago, the IRS notified the Taxpayers that the 2007 return was under investigation. Seven lines on two different Schedule Cs were in Question. 

            Considering a CPA had prepared this return there should be no worries. 

So how did I get this return?

            When the time came for the audit with the “Tax Compliance Officer”, the CPA, had manufactured information to provide the IRS to validate two of the seven lines in question and did not show up to guide the Taxpayers through the 3 ½ hour long ordeal. Needless to say, the IRS found no substantial proof or validation for seven lines in question. P & J now are holding a bill from the IRS for over $10,000.00.

Not only are the taxpayers confused about what happened, but the “Compliance Officer” also looked at their 2008 return, they are about to undergo another audit. 

“Because good accounting skills are a critical part of good tax preparation, CPAs are uniquely qualified to be tax preparers.” 

So where is this CPA? Avoiding Pat and Jody. 

This is a most uniquely “qualified” tax preparer?

I reviewed 2006 (again prepared by HeRBert – a fast food chain preparation service), 2007 and 2008 returns. (again, these two returns were prepared by the same “CPA”)

  • 2006 had 6 errors resulting in a $213 refund to Pat and Judy (I can say this because I have already amended this return)
  • 2007 has 21 errors - three missing forms (associated with errors) and if that wasn’t bad enough, 5 of the errors are mathematical.

“Good tax preparation is about numbers. It’s about keeping good books and records.

In short, it’s about good accounting.

In fact, what is a tax return if it’s not an accounting?”

                                    Hummmmm

if anyone needs a definition to “accounting” I have a link to the right for Merriam-Webster Dictionary or you can click this.

Good thing it doesn’t suggest an ability to add or subtract.

Same for Accountant

  • 2008, well is just wrong. I say this because nothing changed from 2007 through 2008.
  • 2007 consisted of
    • 1040 Long Form
    • 2 Schedule Cs

What the 2008 return consisted of was a 1040A – Short Form, nothing more.

My conclusion is this CPA stands proudly among those who are truly CPA tax professionals. You real CPAs who are tax pros, give her credibility she assuredly doesn’t need. 

As for Jody and Pat, luckily they found a tax professional. I will help them through the amended returns, the audit up coming, and any and all IRS intervention that may come their way. If you wish to stay updated on their situation, I will create a blog page giving more detail information and will keep it updated.

 However not all of you will see it this way. Why? Well, I am no longer a CPA. I am not an EA, nor am I an Attorney. What does this make me? I am an unenrolled preparer. 

Unenrolled preparers, by definition, have no recognized credentials and are bound by no professional standards 

And what are the unique qualifications of an unenrolled preparer? 

Would someone please tell me? 

Anyone? 

The silence is deafening. 

That’s because the answer is “none . . . nada . . . zero . . . zilch.” 

The silence sir, is deafening because you are on your computer. But now, please, open your eyes fully, adjust your glasses, I want you to hear me plainly. 

An unenrolled preparer is a unique person. Like a Lawyer, a CPA, or Doctor or any other profession, you are going to have unqualified hacks. My Credentials are useless in the taxing industry. 

Or did you miss it?

The AICPA told a CPA/Tax Professional “We do not offer a credential in taxation. In general, our approach has been not to develop credential programs around areas for which the public already believes CPAs to ‘own’. In addition, we do not endorse a particular tax credential.” 

An unenrolled preparer sees how others take advantage of the miss-conceptions of the designation and learns tax rules and regs to help people through what can be a very taxing time (no pun intended). 

I question your thinking when you say a man with over 35 years in the tax preparation industry has no credibility. I only have 23 so I must not have any either?

Hummmm, let’s look at my background a bit:

a)      A Masters in Accounting

b)      Formally employed by this countries (at the time) Largest Accounting firms

c)      Formally a CPA

d)     23 years preparing returns for taxpayers

Of the four listed in my mind, only qualifies me to call myself a tax professional. I can assure you it isn’t one of the top three. 

“There simply is no higher accounting designation.” 

Thus, if the Internal Revenue Code imposes an affirmative duty on taxpayers to maintain good books and records, doesn’t that alone explain why CPAs are uniquely qualified to prepare tax returns and why many CPAs are drawn to the field of tax preparation? 

Of course it does.” 

            You Pompous arrogant ass. Is your head so high in the sky that you are not getting enough oxygen?

            True enough, the IRC does affirm duty to taxpayers to maintain good and accurate records. Alone that tells me (a former CPA) should seek advice from a CPA on how to keep those records not how or where to put them on a tax return.

            It is my opinion that a good majority of the CPAs that are drawn to taxation and preparation do so for the money. 

            (Not to get off subject, but are you actually a licensed Tax Attorney, and a CPA? I know a few Lawyers and I’ll have to ask, to be sure, but I think like the AICP, there is nothing out there for Lawyers to hold actual “tax” credentials. If I am wrong please correct me, do you have some designation that says you’re a Tax Lawyer? If so, what is it? 

             As for not being bound by professional standards, I find it hard to understand why I have to point out to a designated pro that we (The Unenrolled prepares) are bound by the same rules in Circular 230 as you are. Maybe you should read it some time.

            A while back, I post Who is: a post that defines different titles. If you want to see the entire post please click on the link Who is: Below is a brief recap: 

A Tax Attorney - Typically large and even small businesses will meet with a tax attorney once every quarter or once a year to ensure that they are making the best possible business choices with regards to investments and tax issues. Since the taxation, laws change constantly. 

A Bookkeeper – is responsible for keeping accurate, up-to-date business records for proper cash flow management, balance sheet preparation, and developing expansion and investment plans. 

Accountants – keep track of a company’s money. 

Enrolled Agent – is a federally authorized tax practitioner who has technical expertise in the field of taxation and who is empowered by the U.S. Department of the Treasury to represent taxpayers before all administrative levels of the Internal Revenue Service for audits, collections, and appeals.

 

Tax Preparer – an individual who prepares tax returns.

 

Other post from the “taxguy” blog that may be related to the taxpayer issue mentioned in this post.

Choosing the Right Representative

Choosing a tax preparer. . .

5 Worst Things You Can Do if You Get an IRS Collection Notice a Guest post from Peter Pappas. . .

More on “finding a pro”. . .

Everybody hates an Audit. . .

Audit Avoidance

How to Avoid IRS Penalties and Interest

Top tax savers

Your Rights as a Taxpayer

Picking A CPA With Too Much. . .

Tags: accounting practices, Audits, federal income tax, filing tax returns, honest mistake, hot topic, My thoughts, Opinions, preparing taxes, professional services, red flag, Tax Information, Tax Obligations, Tax Preparation, Tax preparer, tax preparers, Tax professional, tax professionals, tax pros, tax representative, tax situation, types of audits, Your responsable

This week started off bad. .

So Sunday night was an interesting night. (I am so being polite.) I had done all the research and was ready to take my blog and my web site and join them all together in one place. (Okay this isn’t really about tax stuff but there is a bit at the end) Well things aren’t / weren’t as easy as that and in the processes, where I had my site, they obliterated all the pages.

So now I have to start that over. I have most everything saved as a word .doc from the site so it won’t be that hard a chore. But what a blow to find out everything was just gone. 55 plus pages just, “poof”, gone. This presented an interesting situation for me. When this all happened, or the realization of it, one might say I wasn’t myself. I was aggravated there was no denying that but I was also going “I needed to fix the site anyway”, this just forced my hand. A lot earlier than I might have preferred, but whatever.

Tax Carnival. . .

As promised, the Tax Carnival #39: Dog Days of Summer 2008 came to be. I made it. Very cool. Be sure to read it all, even the links. (duh. . .) Kelly Bell from Don’t mess with Taxes was the host of this carnival. And she did a great job putting it together. Thanks Kelly.

 

Moving blog address. . .

I have started rebuilding the site and should have some of it up by the end of this weekend. At least that is the plan. I am working on it with most every free moment but I am very busy with lessons, clients and life in general. Like Kevin from No Dept Plan, at times there is just a lot you have to do. I was however able to get the web log side of things working correctly and there will be a new address to follow to get there/here. Or is it here there? Let’s see this blog is there or will be. In an effort to let everyone make the adjustments, this Friday will be the last blog post from the here at the wordpress site.

The new web addy is www.lrtaxprep.com/blog. Which comes up with the http://. . . so however you want to deal with it. I have sent out emails to everyone I have an email address for to let them know but that doesn’t reach every one. The new site isn’t perfect and maybe a bit dark, but. . .

It is up and running now. Swing by take a look. Let me know what you think. If you are fellow wordpress bloggers with/thru wordpress.org V 2.6. and you see a page that is better suited for this site/that site, please let me know. Please do so in the comments section as I don’t have my email straightened out yet, unless you got my email please use that as my alternate, for now.

Looking for finance blogger. . .

I am also looking for someone to author for the tax guy blog on the days I don’t (Tuesday, Thursday, Saturday, and a joint round up on Sunday). I know a few of you are interested but I am looking for someone that can/will Personal Finance blog and keep somewhat of an air of tax relation sorta`, maybe, not real sure. (Sounds like I know what I want. NOT!)

 

Tax something. . .

I was reading in something I got from NATP on how a tax professional had filed several fraudulent returns costing (estimated) the IRS over $250.000.00. what was going on was he had hired someone to get names, addresses, and SS numbers for/from people in low income housing area, he then took the information, prepared a return for that person, transmitted to the IRS (If I read the article correctly) then presented the accepted return to the tax payer and (here I am assuming) split the refund with the taxpayer who otherwise wouldn’t have received one or would have received a much smaller refund. On average the refund per return was around $1,800.00.

Now I am not sure what bugs me most about this. And I assure you, there is a lot wrong with it on so many levels.

The big issue I want to point out to you, all of you. No matter who prepares the return, the tax payer is ultimately responsible for the accuracy of the return. And please if some guy walks up to you and says “here is what I have done, sign here and give me half”, run away. I mean, duh.  Luckily he was caught and he isn’t allowed to have anything to do with any tax preparation ever again. However that won’t stop someone else from trying a similar scam.

What the article didn’t mention was, what happened to those tax payers. It was determined that approximately 140 tax returns where filed in this manner. That’s approximately 140 tax payers. I am looking into this, but I am betting, they are in trouble too.

Please remember no matter who prepares your return, you are ultimately responsible. Ask your prepare questions when your return is done. Understand as best you can what they have done in the preparation of your return and why. IF you think he knows what he is doing and follow him blindly, your neck will be on the chopping block too.

Fridays Post. . .

Want to remind everyone that this Friday will be the last post from this address http://lrtaxprep.wordpress.com.

Sundays Passing the week will start my full blogging from the new address.

 

www.lrtaxprep.com/blog

 

 

 

 

Tags: Moving, Opinions, Your responsable

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