The IRS Loves Us! They Really Love Us! Read Their Warnings on Tax Scams

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I have had some great experiences dealing with the IRS, especially when a client was present.  One time I walked in with a client who was the daughter of a well-known actor.  She actually resembled her father, too.  The first thing the IRS appeals agent said was, “I have been a fan of your father for years!”  I knew we had just won our case.  In fact, within ten minutes we had agreed with the IRS agent on excellent terms.

Then my client start talking, and talking, and talking….I kicked her under

the table.  Luckily, this stopped the vocal hemoraging before any real damage was done.

Even though the IRS is our adversary many times, they also put out some items trying to protect the taxpayer from unscrupulous people.  The IRS 2010 Dirty Tax Scams  listed areas where taxpayers can be screwed by someone other than the IRS.  It actually is very informative:

  1. Return Preparer Fraud:  Unfortunately some tax preparers skim off their client’s refunds.  Other preparers tell clients that they can get big refunds, and end up preparing a bad return that creates problems down the line.  Check out your tax preparer.  I have corrected many.
  2. Hiding Income Offshore:  This is a no-brain-er. Don’t play games.  I turned down a client who wanted me to prepare financial statements for a questionable offshore insurance vehicle.
  3. Phising:  Anytime you get an email, phone call, or letter from the IRS, do not disclose any information no matter how threatening they sound.  Call a professional to check it out.  The IRS never calls for information like a credit card to pay taxes over the phone.  Ask their permission to record the conversation and see how fast they hang up.
  4. Filing False and Misleading Forms:  The low income earned income tax credit is a favorite by schemers.  The IRS is having a hard time tracking them down.  Also, phony forms 1099 (OID).
  5. Non-taxable Social Security and withholdings: I have not pesonally seen this.
  6. Abuse of Charitable Organizations and Deductions: As a co-founder of FOLA (Foundation of Local Arts), I can tell you the IRS makes you jump through a lot of hoops for your 501(c) (3) letter.  If you plan to star an organization, find a good tax lawyer.
  7. Frivolous Arguments: Don’t listen to scheming ideas and constitutional arguments.  Remember, taxes pay the courts.  They are certainly not going to buy your argument that Congress does not have the right to tax.
  8. Abusive Retirement Plans: Don’t over contribute to your IRAs, and have a pension professional help set one up for you.
  9. Disguised Corporate Ownership: Nevada corporation and you live in LA?  Sure, the California Franchise Tax Board is looking for you.  The IRS wonders why, too.
  10. Zero Wages:  This is a new one to me.  Using forms to correct W-2s and 1099s as a way of hiding income.
  11. Misuse of Trusts: Private Annuity Trusts, and foreign trusts to deduct private expenses are fertile ground for the IRS.
  12. Fuel Tax Credit Scams: If you run a business with vehicles, look out.  Claiming an unreasonable amount will put you on the radar.

So, the IRS does have some value other than take your money.  Tax scams will always be here, so arm yourself with professionals and don’t do anything without consulting us.

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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the U.S. Department of the Treasury and Internal Revenue Service, we inform you that any tax advice contained in this e-mail (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or state tax authority, or (b) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Inventory Defined: Money Wasting Away

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My wife likes “Pawn Stars,” on the History Channel. She watches the antics of Rick Harrison, the “old man,” “Big Hoss,” and my favorite, “Chumlee,” deal with people who bring odd things to sell them.  One aspect these pawn stars consider in a potential purchase, is whether they can sell it.  I really can’t tell by looking at the TV, but it seems there is a lot of inventory that sits in that shop.  My interest always perks up when Rick speaks to the camera.  Behind him are always the same four guitars.  One of them looks like a vintage Fender Stratocaster.  Now, I have been a Gibson man my whole life, but I would like to add a nice 1960s era Strat to my collection, depending on his price.

In any event, the guitars, and whatever the stars have on display, may be wasting money.  It would be interesting to run metrics and see what the “number of days inventory ratio.”  In other words, how long does this stuff stick around before they sell it?  If your ratio is too high, you have tied up your working capital (or debt) in inventory.  The longer inventory stays around, the less return your investment in that inventory.

In regards to inventory, I came across this article 9 Tips on Managing Inventory by Katie Morell.  She gave some good advice on moving inventory.  However, before you read her column think of another option spelled out in, The Long Tail by Chris Anderson.  Chris analyzes  Rhapsody Music, Amazon, and other such companies that avoid the “brick and mortar” set up, with inventory that is held by others, or is digital inventory.

Now, you may not have  products that has to be stored, but is ALL of your inventory imprisoned in your brick and mortar building, or can you eliminate some by changing your business plan?  If you can removal some line of inventory from your custodial care, you solve a whole host of issues: Pilfering, rent, utilities, security, insurance, etc.

Still, I would like to see if Rick is willing to sell that Strat at a discount.  The longer it sits around, the more money he loses.

Small Business: A Plumber Should Never Be Caught With His Pants Down

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I remember when my stepfather struggled to pay his small business plumbing company material bill.  In most cases, cash was short in his business.  But the one thing I remembered was my mother protecting their credit rating.  She did it as a matter of principle, but in the end, it helped his small business get out of some tough spots.

A pretty good article Good Credit Rating can Pay off for Small Firms in Many Ways by Cyndia Zwahlen popped up in the L A Times, recently.  She preached the benefits of  a small business  of keeping their good credit rating.  Oh sure, a good credit rating works wonders for getting a loan, but there was more according to her.

  1. Better payment terms for vendors:  If you are a new small business, or engaging a new vendor, your bad credit rating can place you in an undesirable catagory.  I remember when I transferred between schools when I was 10.  I was a good student, but the new school didn’t know it.  So, they place me in the “lower” math class.   I had to fight for good grades and recognition to get to the advanced class.  The same goes for your credit history.  You might be the most timely customer the vendor has seen, but your credit history tells another story.  Don’t be caught in the “lower” credit rating.  A good credit score can add to your bottom line with better terms.
  2. Safety credit line:  The article emphasizes the strategy of getting a credit line when you don’t need it.  If your credit is good, the rate and points could be lower.  Thus, when an economic downturn hits, you have a safety net to bridge your small business.
  3. Buying another small business:  The article does not mention this, but if your business is growing and you are trying to acquire a new business on installments, a bad business credit score can work against you in the negotiations.  The higher the risk you are, the more uneasy the seller will be willing to come down to your price.

Small businesses must be good stewards of their money and credit.  The good will they can produce can help in acquiring new clients, or servicing the clients they currently own.

The IRS Helping Small Business People?

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People usually deal  with the IRS as they would their proctologist, they avoid both so not to take it in the end.   What many don’t know is that the IRS actually has a good website that helps small business among other taxpayers.  Unlike IRS telephone advice, you can depend on the information you learn from their website. They are designed to make the tax code simpler(well, not really, but I live in a fantasy world.)

  1. Health Insurance Deduction Reduces Self Employment Tax — If you are self-employed and have a qualified health insurance plan, now not only can you deduct the premiums from income tax, but also self-employment tax.
  2. Small Business Health Care Tax Credit — Small qualified small businesses can claim a health care insurance credit from 2010-2013.
  3. General Business Credit for Employers — The new law allows this credit to be offset against both regular and alternative taxes.
  4. Small Businesses Can Benefit from Higher Expensing / Depreciation Limits –Consider accelerating your depreciation deduction of your asset purchases.

As you approach your tax filing deadline, keep these in mind when you visit your CPA.  The IRS, though, is not the place to go to get tax advice.  They are good at helping you with tax problems, but not tax law.  Studies have shown that your answers vary depending on who you speak with at the IRS.

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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the U.S. Department of the Treasury and Internal Revenue Service, we inform you that any tax advice contained in this e-mail (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or state tax authority, or (b) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Empower Your List(Or How to keep the mud out of your face when you’re spinning your wheels)

 

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Have you ever asked, “What did I accomplished today?”

I came across an article, How to do more in less time.  The article had some good advice for small business owners on how to be productive.  These tips could be valuable, but the starting point, like in all projects is to have an attainable goal.  I have found that a small business owner can accomplish a lot if he/she just make a list the night before of what they want to accomplish.  Now, in some small businesses, that may not be too easy if the business is ver volital.  For example, if you provide a service, your client’s schedules can alter your own schedule.  That is ok, you are the business owner, remember?  Put it on the list.  Are you going to do some social networking pushing your small business?  Put it on the list?  Are you cutting payroll?  Put it on the list.  Then, reorganize your list by priority.

The secret is to create a list of attainable goals and cross them out as you do them.  At the end of the day, you will feel more like a small business owner, and not a small business slave, because you will have taken charge of your own time.

Don’t waste time on a business social network, but enter it on the list.  Choose something concise that you would like to do on your social network(like write an article).  In doing this, you have a deliverable that will benefit your small business down the line.

In my small business (CPA firm), I have been writing these articles for about nine months.  I list this chore twice a week, no excuses, no inefficiencies.  I just get it done.  I don’t have an ROI because that is irrelevant. I provide information and build relationships.  That is all part of being in a small business.  If I did not list it, then the relationships would never be built or nourished. Small businesses, even  e-businesses are built on relationships, and  we all know that if you don’t have time for your relationships(even the important ones), you will not have any relationships.

Lastly, as a small business owner, you must know that your list must progress to higher levels.  For example, later this month, we will be launching our monthly blog videos under our new banner THE LA CPA.   It will be similar to these articles, but will have a visual and audio component.  The result will be to  more information, better information, in less time for our readers.

So, as a small business owner, or any kind of business person, create your list, execute your list, and then evolve your list.  You will find more control of your time and life.

Strategy: Local Connections? Then Why Do We Need The Web?

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Just as Dorothy said, “There is no place like home.”  But Dorothy didn’t have a facebook account.  So, is that still true?  Do we have to nurture local relationships in order to conduct our personal and business strategies, or can we just “talk” on the social networks?

I came across this local arts article that argued that every part of the world, and in our cities, have their own art personality.  The article pointed out that with cover bands and reality TV, we can pretty much watch and hear the same thing regardless of which part of the country we are in.

The article makes a point, but only on the surface.  For example, I co-founded a local non-profit in Manhattan Beach, CA, that promotes local arts, music, dance, and literature back in 2009.  The strategy is showing promise as we exhibit local artists and their wares.  But, the interesting thing is the local connections have been made both on the web, and the old fashioned way.  Patch.com has promoted our events, in addition to the local newspaper, The Beach Reporter.  Our organization is using the web as a new way to connect with the locals, yet it is nourished through personal contact.  The resulting strategy has been a technology handshake.  Businesses, especially businesses located in the cities, need this  combination strategy if you plan to pursue something other that e-commerce.

For example, if you do not use the web, you will lose the ability to capture clients in the the long tail (see my previous article).  I landed a Los Angeles client because her mother in Canada found me through Google.  Our relationship has developed to where I am her business confidant in a new business venture.  Likewise, if you just take in clients off the web and do not meet anyone, you will not nurture relationships and strategic alliances in your own neighborhood.  I am in daily contact with business strategic alliances that I know from different areas of my life.  When people know you, they have a better chance of trusting you.

With all of this said, though, you must strategize.  Where are you now, where do you want to be, and how are you going to get there? Then do it.  Strategy that is just academic, does nothing but kill time.  You must put shoe leather on it, but use both conventional and web-based connections in order to have two shoes.

The strategy has to be a two-pronged approach in the current age.

Healthcare Reform: If It Walks Like a Duck and Quacks Like a Duck…We’ll Call it a Toad

 

Rick_E_Norris,_An_Accountancy_Corporation_Healthcare_Reform_If_It_Walks_Like_a_Duck_and_quacks_like_a_duck_we'll_call_it_a_toadI just returned from a great informative panel on healthcare reform presented the by the LA chapter of the Association of Strategic Planning.  I was surprised to learn that many large and smaller companies are trying to use the independent contractor designation to reduce healthcare benefits  for employees. I wrote about a similar topic in the National Healthcare Reform Magazine back in August.  My article warned employers about the misclassification of an employee, and how it could sabotage their tax credit.

What I didn’t think of, were companies intentionally trying to circumvent the tax laws in order to save healthcare insurance.  This can be very risky.  The IRS is no stranger to businesses trying to reclassify employees as independent contractors in order to save payroll taxes.  The rules are complex and employee definitions differ from state to state.  However, I tell clients that if you tell your “contractor” how to do his/her job, you run the risk of the person being classified as an employee(thunbnail definition.)

Now, I can imagine these companies trying to align themselves with the Fedex case where the U S District Court ruled the drivers as independent contractors instead of employees.  But now the risks involved in this aggressive stance is not only healthcare insurance penalties, but payroll taxes, and workers’ compensation issues(not to mention labor law issues.)   

Be very careful when classifying those who work for you.  A tax professional may be your best friend in keeping you out of “fowl” play.

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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the U.S. Department of the Treasury and Internal Revenue Service, we inform you that any tax advice contained in this e-mail (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or state tax authority, or (b) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

The Band “Kiss” FaceBook and Twitter Strategy Case Study…Old School

 

Rick_E_Norris,_An_Accountancy_Corporation_The_Band_Kiss_Facebook_and_twitter_strategy_case_study_old_schoolChances are, if you are reading this article, it is because you found the link on  a social network like Facebook and Twitter.  However, the strategy dicussed in the following article will probably be obsolete within a year…bummer.  Music Think Tank published a cool article How to use Facebook and Twitter on your Official Website using “Kiss” as their case study in using such social networks.

However, there is a major point that I disagree in the author’s strategy.  He set up Kiss’s Facebook with the idea to bring everyone back to Kiss’s web page.  That is old school.  Today, if you want to impress people with your skills and knowledge, you link everything to your BLOG. And that blog should be a page on your web site.

Why?  You link people to your blog to demonstrate your knowledge in a specific area.  Web pages are stagnant and not very interesting.  Blogs are dynamic and informative.  Secondly, just as I am trying to demonstrate in this blog, the blog topic should give the user free information.

Now, maybe a band, or an artist may not have anything to write in a blog, and their official web site is good enough.  But not for the rest of us.  You are an expert in something.  Share it with others and build relationships.

The New Tax Bill, Don’t Squander the Opportunity

 

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By now, you must have heard that the new tax bill passed both houses and is sure to be signed by the President.  But what opportunities does the new tax bill have for you?  Well, from a tax standpoint it depends. The impact of the tax bill is different for individuals depending on their tax bracket.  For example, if you have children and are not in the top tax bracket, you may still qualify under the new tax bill for your $1,000 child tax credit.  Or, if invest a lot in stocks,  the new tax bill will allow you to still get your qualified dividends taxed a favorable 15% tax rate.  But the main impact of the new tax bill that will affect all taxpayers is the reduction in social security withholdings.  I don’t recall Congress passing a tax bill like this in the 30 plus years I have been preparing tax returns.

However, since the tax bill is throwing social security gift to you, you have an opportunity for some cash flow or retirement planning.  You can start 2011 by paying down the credit cards that have accumulated over this economic downturn with your extra cash.  Likewise, you can increase your retirement contributions by your savings.  The trick in cash flow is to live within your means, and if you are not careful, you may squander your tax bill savings. Opportunities like this do not come along often, so use it to your advantage by planning.

Discuss your situation with your tax professional before making any decisions.

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IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the U.S. Department of the Treasury and Internal Revenue Service, we inform you that any tax advice contained in this e-mail (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or state tax authority, or (b) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Electing to be an S-Corporation

 

Rick_E_Norris,_An_Accountancy_Corporation_Electing_To_Be_an_S-CorporationA client wanted to turn invoke  an S-Corporation election for tax reasons.  The only problem was that he was about two months too late for the current fiscal year.  Ten years ago, that would have been a large problem, but with the IRS’s new positions, that problem is not so big. Recent regulations have been issued that allows shareholders relief in late elections.

But, if you want to elect an S-Corporation, make sure that you have looked at all aspects like personal tax benefits, you tax basis for taking losses, medical costs deductions, etc.  Most business persons only look at the first benefit and disregard the rest.  If you are into the minutia, here is an interesting, but technical article from the AICPA.

Above all, if you elect to be an S-Corporation, play by the rules.  I wrote a blog on this not too long ago.  Take a look at it for some advice, but always consult a tax advisor regarding your particular situation.