A Dubious Privilege

The “Occupy Wall Street” movement argues that we live in a divided nation. First there’s a gilded “1%” enjoying lives of ease and privilege. Then there’s a downtrodden “99%” struggling just to stay in place. But here’s a take on “the 1%” that you won’t hear at your local tent city . . .
The IRS is struggling just like the rest of us to carry out its mission with limited resources. Back in 2003, they audited just one out of every 203 returns. By 2010, that number was up to one out of 90. To stretch that audit budget even further, they’re auditing more and more taxpayers by mail. But one study shows that 10% of IRS mail never gets where it’s supposed to go, and 27% of those who do get their mail don’t even realize they’re actually being audited! Naturally, that leads to more and more of the paperwork screw ups that every taxpayer fears.
 

Enter Nina Olson. She’s the IRS’s first and only Taxpayer Advocate, a position created by the 1998 “Taxpayer Bill of Rights” act. She supervises the Taxpayer Advocate Service, a nationwide group of 2,000 caseworkers who specialize in cutting through red tape and greasing the wheels of the great gummy IRS machine. If the IRS sends your mail to the wrong address, slaps you with a lien after you’ve already paid your bill, or just makes a mistake they can’t seem to fix, Olson’s office is the one we’ll call.

Last month, Olson delivered a presentation to the Federal Bar Association on how “the 99%” experience the tax system. And the picture she painted makes a tent in lower Manhattan Park look like a room at the Ritz. One in three taxpayers who call the Service don’t get an answer. Only half of those who write hear back within six weeks. The IRS is relying on computers instead of people to audit all but the highest-income taxpayers. And perhaps most curious of all, she says, “we’re getting to a situation where the only people who get face-to-face audits are the 1%”!
 

Now, correct us if we’re wrong, but do you really consider face time with an IRS auditor a “privilege”? We all know that at least some level of government is necessary. But there are just some parts you don’t want to see up close and in person. Like the “Level 4″ Biolab at the Atlanta Centers for Disease Control, for example, where we store the Ebola virus, Crimean-Congo hemorrhagic fever, and other superbugs we can’t risk having out on the loose. Or the “Supermax” penitentiary in Florence, Colorado, where we “store” the most dangerous felons we can’t risk having out on the loose. Or the inside of any IRS Service Center!

Does Olson’s “1%” comment conjure up images of plush IRS offices, with thick oriental carpets and rich leather upholstery, staffed by discreet, white-gloved concierges sitting at granite-topped desks? We can assure you that when it comes to getting audited, even the 1% have to settle for the same government-issue linoleum floors, metal chairs, and battleship gray desks as everyone else. (And really, in the unlikely event you are audited, we probably won’t let you go with us anyway! Trust us “? it’s for your own protection.)

We talk in these articles about how proactive planning cuts your tax bill. But paying less tax isn’t the only perk of a good tax plan. Did you know that smart tax planning can also cut your audit risk? In fact, some strategies “? like choosing certain business entities “? can cut that risk by as much as 90%. So call us if you think face time with an auditor is a “privilege” you can do without!

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“Like” this.

America’s economy continues to sputter. But stocks are picking up steam and flirting with four-year highs. We’re even seeing new “dot-coms” hitting the market. Last May, the social networking site LinkedIn went public at $45 per share, then leaped to $94.25 in its first day of trading. Internet coupon vendor Groupon opened in November at $20 per share, then jumped 31% on its first day of trading. And earlier this month, Facebook filed registration papers with the Securities and Exchange Commission for what may be the hottest IPO since Google.

Companies typically go public to raise money to expand. But Facebook doesn’t really need cash from an IPO. The company made nearly $4 billion in advertising revenue in 2011. So why go public?

Well, companies also go public to let founders and early investors cash out. Mark Zuckerberg, Facebook’s 27-year-old founder, is already a “paper” billionaire, ranked #14 on the Forbes 400 list of richest Americans. (Not many entreprenuers find themselves richer than Scrooge McDuck while still at an age that they watch Scrooge McDuck.) But Facebook’s IPO will give Zuckerberg and fellow early investors liquidity, converting paper wealth into cash for the houses, charitable gifts, and other spending that new dot-com millionaires historically indulge in.

The IPO will also stick Zuckerberg with a historically large tax bill. (You knew that was coming, right?) In fact, one of the big reasons the company is going public in the first place is give Zuckerberg a way to pay taxes when he exercises options to buy even more stock.

Here’s how it works. For tax purposes, the value of most stock options is treated as compensation and fixed the day you exercise them — whether you actually sell them or not. Let’s say you pay $5 to exercise a share of your employer’s stock, on a day when that stock is worth $25. Your company gets a deduction for that $20 per share, even though there’s no cash outlay. That’s great for the company. But at the same time, you’ll owe immediate tax on $20 of income, even if you hold the stock in hope of future appreciation. (If the stock tanks before you actually sell, you still owe tax on that gain.) That may not be so great for you!

Zuckerberg currently owns 414 million shares of Facebook. He also has options to buy another 120 million shares for — get this — just six cents each. Zuckerberg has announced plans to exercise those options and sell enough shares to cover his taxes. We don’t know yet what Facebook shares will trade for. However, private-market trades have valued shares at $40 each. If Zuckerberg exercises all 120 million options when shares are valued at that price, his taxable gain will be nearly $5 billion. He’ll owe 35% to the IRS, plus 10.3% to the state of California, for a total tax bill of over $2 billion. That’s right, billion with a “b.” Can you imagine signing a return with a billion-dollar tax bill? How about signing a check for that much — payable to the IRS!

The important thing to realize here is that Zuckerberg’s tax bill came as no surprise. It’s actually the result of careful planning. Remember, Zuckerberg’s pain is Facebook’s gain. The strategy will probably give Facebook enough deductions to wipe out the entire tax on its 2011 profit, plus refunds from 2009 and 2010, plus even more to carry forward.

Think about that the next time you click the “Like” button on your computer. And remember, we’re here to bring the same sort of smart tax planning to your business.

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“Gimme Shelter” – Musicians have a history of seeking tax shelters

Sunday night’s Grammy Awards ceremony illuminated two sides of today’s music industry. On stage, British soul singer Adele cleaned up big time, winning Album of the Year, Record of the Year, and Song of the Year. On the darker side, the night was filled with tributes to fallen angel Whitney Houston, who died Saturday after years of backstage struggles with drugs and alcohol.

When you think of your favorite musician, you probably don’t think about a third side — taxes and tax shelters. But you might be surprised to learn just how much influence tax laws have over the music we listen to every day.

Rock-and-roll fans know “Gimme Shelter” as one of the Rolling Stones’ all-time classics — the opening cut on their 1969 album Let it Bleed, and a dark, brooding meditation on the war and violence that seemed to characterize that era. Surprisingly, it turns out that “Gimme Shelter” describes the band’s philosophy on taxes, too.

The Stones’ troubles with the tax man go back nearly as far as their troubles with the police. Back in 1968, with bandmates Mick Jagger, Keith Richards, and Brian Jones facing drug charges, reports surfaced that they had also failed to observe tax laws. As Jagger reported at the time, “So after working for eight years I discovered at the end that nobody had ever paid my taxes and I owed a fortune. So then you have to leave the country. So I said &@#& it, and left the country.” The “World’s Greatest Rock and Roll Band” literally skipped town, with guitarist Richards renting the Villa Nellcote in Villefranche-sur-Mer on the French Cote D’Azur, where they wound up recording their critically-acclaimed double album, Exile on Main Street.

That lesson scarred them, and the Stones vowed not to repeat that mistake. Jagger put his London School of Economics studies to work, and hooked up with some top-notch financial advisors. They eventually set up a series of Dutch corporations and trusts which helped the band pay just 1.6% in tax over the last 20 years. More recently, they established a pair of private Dutch foundations to avoid estate taxes at their deaths.

“The whole business thing is predicated a lot on the tax laws,” guitarist Keith Richards told Fortune Magazine (with a Marlboro in one hand and a vodka and juice in the other). “It’s why we rehearse in Canada and not in the U.S. A lot of our astute moves have been basically keeping up with tax laws, where to go, where not to put it. Whether to sit on it or not. We left England because we’d be paying 98 cents on the dollar. We left, and they lost out. No taxes at all.” It’s worth mentioning at this point that Richards makes his primary residence in unglamorous but relatively low-taxed Weston, Connecticut.

The Rolling Stones were just the first of many artists to flee the United Kingdom to avoid taxes. Folk singer Cat Stevens left around the same time, moving first to Brazil, where his album Foreigner refers to his move. In 1978, rockers Pink Floyd spent three years outside the country to avoid tax. Glam-rocker David Bowie moved to Switzerland in 1976 (before becoming the first musician to securitize future royalties in the form of a bond offering). British singers Rod Stewart and Tom Jones both moved to Los Angeles to avoid British Prime Minister Harold Wilson’s 83% top tax rate. Even fictional musicians have taken extraordinary steps to avoid tax — in The Restaurant at the End of the Universe, British author Douglas Adams created the galactically-famous rocker Hotblack Desiato, who was “spending a year dead for tax purposes.”

Our job, of course, is to help you pay the minimum legal tax. And we think proactive planning beats fleeing the country. So call us when you’re ready to pay less. We’re here for you, and your bandmates too!

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IRS Extends 2012 Tax Deadline to April 17th

Attention, taxpayers! Yesterday the IRS announced that they are extending the tax deadline to April 17th, 2012. You have two extra days to file your tax return this year, and you may thank Abraham Lincoln.

President Abraham Lincoln.

Thank Abraham Lincoln for the extra time to work on your taxes. (Creative Commons photo from USDAgov.)

Yes, you read that correctly.  Since 2005, Washington DC has officially celebrated a holiday called Emancipation Day.  The holiday is in commemoration of Abraham Lincoln’s freeing of the slaves in District of Columbia on April 16th, 1862.

The IRS treats District of Columbia holidays the same as federal holidays as far as taxes are concerned.  The regular tax deadline–April 15th–falls on a Sunday.  Because Monday, April 16th is a holiday in Washington DC, April 17th is now the federal tax deadline.

If the two extra days still aren’t enough time for you, be sure to file an extension.  If you request an extension, your tax deadline will then be October 15th, 2012.

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Income Tax Tip: Save money by deducting mileage expenses

Deductible Travel Expenses

Photo from Nouhailler on flickr.com

Don’t miss out on tax savings this year by forgetting about tax deductible travel expenses.  There are four cases in which you may deduct your travel expenses.  In each case, if you drove, you may deduct a standard rate per mile.  If you took another form of transportation, the actual fare for a taxi, bus, or train may be deducted.

  • BUSINESS:  Business miles are those driven for business, other than your daily commute.  If you are travelling out of town, or even nearby for a meeting, conference, or seminar, you may deduct these miles.  If your principle place of business is a home office, you may deduct miles driven to and from other work locations.
  • MEDICAL:  Qualifying miles are those driven to medical or dental appointments occurring in order to prevent or alleviate a physical or mental defect or illness.  This includes miles driven to and from doctors, dentists, surgeons, chiropractors, psychiatrists, psychologists, and more.
  • MOVING:  Moving expenses may be deducted if the move is for business purposes.  For moving to qualify, the new residence must be located fifty miles or more closer to the new place of business than the old residence.
  • CHARITY:   Travel expenses that necessarily arise while performing services for a charitable organization–such as through volunteer work or as an appointed representative of a religious institution–are considered charitable and thereby deductible.  This applies whether you pay the expenses directly or indirectly (by contributing to the organization) as long as the trip is not significantly for recreation or vacation.

Using the most up-to-date mileage rates will help you get the biggest deductible possible from your 2011 tax return.  Standard mileage rates are used to calculate the deductible costs of driving a vehicle for business purposes, charitable purposes, medical purposes, or for moving over 50 miles for business purposes.

For cars, vans, and pick-up trucks, the mileage is:

55.5 cents per mile for business miles

23 cents per mile for medical or moving                      

14 cents per mile for charitable organizations

These mileage rates were given on July 1st, 2011 by the IRS for the mid-year adjustment.  The IRS recently came out with the mileage rates effective January 1st, 2012, and they are the same as the current rates.

These tips come from your favorite Chicago accountants at TaxCutters, Inc.  Feel free to call us at (773) 728-1500 or email info@taxcutters.com for more information or tax help.

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