Make sure your posts, pictures and tweets don’t state or imply you tricked the tax man. There is nothing legally wrong with bragging about your good fortune or that live-saving huge deduction you made. Just make sure that your good fortune is properly reported and that your deduction is in line with IRS rules and regulations.

Note that this goes they can find out through beyond explicit admissions such as “made a bunch of cash on the side, didn’t report it.  Business trips that look suspiciously like personal vacations are a big red flag for audits and other IRS involvement.

Pictures or descriptions of deductible “home offic-es” that have scant evi-dence of the office are an- other potentially big mistake.

If you resent what might seem like a call to timidity, self-censorship or undue intrusion by the government, learn your social media privacy settings.

The IRS is restrict- ed by law as to how much they can find out through social media.

They are not allowed to make profiles of  “long lost friends” or “potential lucrative business clients” to get past your privacy settings. Simply be mindful of the fact that electronic records are incredibly easy to copy and store.

There is one more issue to consider. The IRS has a rewards system for anonymous tips that lead to col- lected income. This means that if you post status updates, pic- tures or tweets that incriminate you in a tax law violation, the IRS itself doesn’t have to see it for you to get in trouble.

Any of your online friends or followers that can see those posts could report your admission of tax law violation to the IRS.

A seizure of your property gives them just that -property¼ but not necessarily money. They still have to go through the trouble and the cost of selling your belongings in an auction to extract money out of your be- longings.

¼That is, until they garnish your wages. The IRS realizes that the one way it can virtually guarantee to get their money is to place a form of levy on your future income – a garnishment.

This is a “safe bet” for the IRS, since they know that you will always need to earn money to survive in the future.

You may be able to go with- out a car, a house or even cash in your bank account for now¼but you can’t go long without a paycheck. You most likely aren’t going to quit your job just so you can’t be forced to pay the IRS back taxes. That would be “cutting off your nose to spite your face”.

There are three specific steps that the IRS must go through before a wage garnishment goes into place:

1. The IRS must assess your tax and notify you that there is a deficiency by sending you a “Notice and Demand for Payment”.

2. You neglect or refuse to pay the tax

3. The IRS sends you a “Final Notice of Intent to Levy and Notice of Your Right to A Hear- ing” (levy notice) at least 30 days before the levy. They may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known ad- dress by certified or registered mail, return receipt requested.

If you don’t act during this time, you’ll be headed straight into a potential financial disas- ter.

The IRS will leave you very little in your paycheck to sur- vive, and there’s a very good chance that it won’t be enough to pay your bills.

Click here to listen to this interview.

Credit Card Debt is better than owing the IRS.  Don’t get me wrong – I’m not a fan of credit cards by any stretch of the imagaination.  America’s credit card debt is staggering – $800 Billion in 2005, according to an analysis of Federal Reserve Board data by Demos, a national research and consumer advocacy group.

Some credit cards charge interest rates of 20% or more, and it’s “revolving door” credit…soif you only pay the minimum payment due, it often takes years, even decades to pay off the debt.  Plus, I don’t know your financial situation personally, but I would venture a guess that if you have problems paying the IRS…that you may have credit card debt problems as well.

Did you know that th eIRS accepts Visa, MasterCard & American express?

With credit cards, according to the IRS website “you can pay current and past due Form 1040 balances along with current year Form 940 balances and current quarter plus the three prior quarters Form 941 balances.”

You may be thinking “isn’t paying the IRS with a credit card like robbing Peter to pay Paul?” Not exactly.

First, you’re not “robbing Peter” in this scenario.  If you’ve been extended enough credit by your credit card company to pay off your IRS bill, it’s apparently because you have a good enough credit rating to justify the credit card company’s risk that you’ll pay the money back.

Now I’m not suggesting that you don’t pay your credit card bill.  But if you’re unable to make your credit card payments, there are legal limits to what the credit card companies can do to get you to pay the money.  And “Paul” in this scenario (the IRS) has much more power than “Peter” (the credit card companies) does to get “his” money.

You may have failed to report taxable income (intentionally or unintentionally, it doesnt matter) – asthe IRS sees it…you still owe them money in the form of a back tax.

Some people don’t have the money when the tax bill comes around, so they just don’t pay.  They may plan on paying the money when they’re able…but that time never seems to come around.

If nothing seems to happen or they don’t get ‘caught’, some people start believe that they’ve somehow slipped under the radar of the IRS and that they’re getting away with it.

They’re not. In fact it, may take years for the IRS to come after you, but they will eventually.

How do you know your back tax problem is getting serious?

Here’s how it happens:

1. You’ll get sent a Notice of Demand for Payment from the IRS.

2. You either pay or don’t pay th etax.

3. If you don’t pay you’ll be sent a Final Notice of Intent to Levy and Notice of Your Right to a Hearing at least 30 days before the levy.

That’s when you know you’ve got big problems.

That means in 30 days, the IRS is going to start helping themselves to the money in your bank account.  If you’ve received a Final Notice of Intnet to Levy, you need to take action immediately, if this has happened ot you.  There’s absolutely no time to waste.

Once I investigate your case, I may find that there are a number of solutions that could keep the IRS from dipping into your bank account and causing you serious financial hardship:

• You may have some deductions comein gto you tha tyou didn’t claim.
• The IRS may have miscalculated your tax.
• I may be able to negotiate a legal extension in the process.

Plus, we may find out that:

• You could be Declared Non-Collectibe Status.
• You could have the dept reduced through an Offer-In-Compromise.
• You could set up a monthly installment agreement plan.
• You could set up a partial installment agreement (where you pay less than the total owed).
• You may declare Bankruptcy depending on your situation.

Previously, home office deductions specified on Form 8829 involved a complicated and, at times, vague calculation.  The new deduction is based on $5/sq ft. of office space used.  The maximum deduction is $1500 per person, correspoding to a home office of 300 square feet.

Details

Rather than replacing the previsou, comploicated home office deduction calculation scheme, this change will supplement it. Taxpayers retain the option to use the older formula.  It is predicted that many taxpayers are likely to accept the new simpler home office deduction calculation.  The IRS estimates that the resulting time saved in preparing taxes will be roughly 1.6 million hours.

Married couples may use the home office deduction sparately.  In other words, each spouse may deduct up to 300 square feet at $5/sq ft. for home office space.  Essentially, married couples may claim up to a $3000 deduction for their home office(s).

Proceed With Caution

There is a catch to using the new deduction calculation.  Insurance, depreciation, repairs and other expenses related to home office upkeep are not deductible with this new option.  MOrtgage interest, casualty losses and property taxes still remain legitimate itemized deductions.

Additionally, change in formula for calculating a home offiec deduction does not alter what needs to happen to qualify for a “home office.” Regular and exclusive business use remains a requirement, as does a deduction cap set by the bueiness’s yearly gross income.

Lastly, no matter its forumula, the home office deduction does not guarantee an audit but the odds increase.  There are instances of legitimate and honest business operators who qualify for the deduction but elect not to take it.  It may happen tha tthe effective cost and stress of an audit, even if passed without problems, outweighs deduction benefits.

On October 12, 2012, in Boston, Mass., William E. Belleville, of Groton, was sentenced to 18 months in prioson, one year of supervised release and ordered to pay $460,000 in restitution for failing to pay payroll taxes collected from his employees.  On April 10, 2012., Belleville pleaded guilty to conspiracy and tax evasion charges.  According to court documents, Belleville, was the former owner of a paving and plowing company, Mass.  Paving.  From 1993 to 2006, he withheld payroll and income taxes from his employees’ wages, but failed to remit those sums, totaling approximately $460,000, to the Internal Revenue Service.

Sewing Company Owner Sentenced for Payroll Tax Violations

On October 12, 2012 in New York, N.Y., Dong Sun Mun, the former owner and operator of Match Fashions Inc., was sentenced to 36 months in prison and three years of supervised release for his role in a scheme to evade payroll taxes and for jumping bail.  Mun was also ordered to pay more than $304,000 in restitution to the IRS.  According to the court documents, Mun owned and operated Match Fashions, a Manhattan company that did sweing work for couture companies.  From 2004 through 2006, Mun cashed many of the checks he received from customers at check-cashing establishments rather than deposint them into bank accounts.

It’s ridiculous that a taxpayer might not be able to count on getting a right answer from the IRS regarding tax questions, especially consider that the IRS is the agency that is charged with the task of enforcing tax laws.

However, you may find yourself in a position where you’re already past the point of needing basic tax help.

Maybe you’ve filed but haven’t paid the tax-and the IRS is sending you letters that are increasing in frequency and the language regarding collection is getting sterner.

Maybe you’ve reached the point where the IRS has already placed a lien on your property, and you’re concerned that the next step is for them to garnish your wages, raid your bank account and/or seize your property.

If you’re in any of these positions, you need to speak with a qualified tax attorney as soon as humanly possible.  Ask yourself…if the IRS Taxpayer Assistance Center cannot correctly answer simple tax questions more than 57% of the time…Do you think that they are going to be able to answer a question about a complicated matter such as a lien on your property…the Statue of Limitations…bankruptcy…or other complicated legal matters?

Do you think that your accountant – a person who deals with taxes for 3 months out of the year and works with balance sheets and financial reporting for the rest of the year – is most qualified to help you fight and keep the IRS from destroying your financial life?

Do you think that a regular attorney – one who spend most of his time dealing with personal injury suits, corporate law, or criminal law – is somehow familiar with the ins-and-outs of the complicated tax system of teh United States, which changes from year to year?  Would just any attorney be familiar with previous tax decisions that could help your case?

No – it’s clear that a qualified TAx Attorney is your best choice in this situation.

The individual mandate is singularly unpopular among many.  Businesses must account for their obligations to the authorities and employees in light of certain employer-employee provisions of Obamacare.  Lower-income individuals may see their taxes rise not only in amount, but also in complexity of paperwork.  Complexity is a recurring theme.

Obtaining tax credits for health insurance coverage is not as simple as it sounds.  A lower or middle-income individual needs health insurance.  Under Obamacare the IRS gives that individual’s tax return information to indicate how much financial help that individual merits for health coverage.  The problem is that those tax returns are two years old.  In two years, a person may have become vastly richer or poorer.  This time lag can deliver credit as that are either too charitable or too harshly frugal.

Determining how much, if any, of insurance subsidy income is taxable will vary state to state.  Interstate relocation and making other big life changes, such as getting married or divorced, further complicate the tax liability picture.

The individual mandate is a prominent feature of Obamacare.  Some see the necessity of a tax penalty for those who do not buy health coverage.  Nevertheless, the individual mandate has its detractors.

Another aspect of Obamacare casts uncertainty over hiring practices.  Effects and specifics of Obamacare on businesses and employee coverage are complex and may overwhelm small and medium-sized businesses.

Lastly, Obamacare affects a demographic usually unconcerned with tax law nuances:  low and low-middle income individuals.  Obamacare will increase paperwork and overall difficulty of complying with all relevant laws that may apply to lower-income taxpayers.

This is a uniquely unfortunate situation.  Unlike government agencies or businesses, lower-income individuals may not have the education or interest to accurately read and comprehend legal fine print usually the purview of tax law professionals.

Drury has a genuine desire to help people resolve their tax issues. He relates, “I had an individual in my office not too long ago that was crying by the end of the process because he had been living with a tax problem for years. He was paying about a thousand dollars a month on his tax bill and I was able to negotiate his monthly payment down to about three-hundred dollars which was an amount much more manageable for him.” He continues, “I have many clients who have been very satisfied because they have had liens lifted, smaller than expected monthly payments, and reduced tax bills.”

Drury is a graduate of the University of Missouri-Columbia with a bachelor degree in Political Science with a minor in Economics. He received his Juris Doctor from the Southern Illinois University, School of Law-Carbondale, and his Masters in Business Administration from Washington University- St. Louis. He began working as a private practice attorney in 1994 and now specializes in state and federal tax resolution. He is a member of the Better Business Bureau, Chamber of Commerce, Missouri Bar Association, and the United States Tax Court. Drury is dedicated to assisting individuals with IRS tax issues. He is committed to negotiating on behalf of his clients to get them the most reasonable settlement allowable by law. His tax resolution practice covers nearly a quarter of the state of Missouri.

Drury plans to open more offices in Missouri to be more available to his clients. He also plans to add another attorney in the near future. Drury has joined a select group of America’s leading attorneys to co-write the forthcoming book, Protect and Defend: Proven Strategies from America’s Leading Attorneys to Help You Protect and Defend Your Business, Family and Wealth. He also was featured on the television program America’s PremierExperts® as well as America’s PremierExperts® radio program. Because of his contribution to his industry and his outstanding business success, he is being featured as one of the country’s Legal Elite in USA Today.
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