Jeffrey B. Kahn, Esq. and Windus A. Fernandez Brinkkord Discusses Finance and the Federal Reserve, IRS Administration Of The Streamlined Procedures for Undisclosed Foreign Bank Accounts and Taxes On ESPN Radio – September 18, 2015 Show

Topics Covered:

  1. So the Federal Reserve made its decision yesterday to hold rates steady
  2. Have ETFs Reached A Breaking Point?
  3. How the new Streamlined Procedures for taxpayers reporting undisclosed foreign bank accounts are being administered by the IRS.
  4. Questions from our listeners:
  • I am a U.S. citizen living and working outside of the United States for many years. Do I still need to file a U.S. tax return?
  • I pay income tax in a foreign country. Do I still have to file a U.S. income tax return even though I do not live in the United States?
  • I am a U.S. citizen married to a nonresident alien. What is my filing status and can I claim an exemption for my foreign spouse?

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Jeff states: Yes sometimes we just have to take the money and run!

Good afternoon! Welcome to Inside Advantage – Your Financial And Tax Radio Show.

This is Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.

Windus states: And this is Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services. You are listening to our weekly radio show where we talk everything about finances and taxes from the ESPN 1700 AM Studio in San Diego, California.

Jeff states: When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!

Windus states: And whether you are on the rebound or flying high, we have the information you need to make sound financial decisions and map out your strategy for success.

Jeff states: Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into the KahnTaxLaw website at www.kahntaxlaw.com.

Jeff states: For today’s show we have coming up:

Segment 2 material: Have ETFs Reached A Breaking Point?

Windus states: Also coming up is:

Segment 3 material: How the new Streamlined Procedures for taxpayers reporting undisclosed foreign bank accounts are being administered by the IRS.

And of course towards the end of our show, we will be answering some of your questions.

Jeff starts chit chat with Windus.

Jeff states: So for today’s top story:

So the Fed made its decision yesterday to hold rates steady

This was breaking news reported on September 17th and of course all the news media picked to up. We looked at an article posted in Yahoo Finance on September 17th http://finance.yahoo.com/news/looming-fed-rate-decision-test-050656810.html

Jeff continues: So in case you have not heard this yet, the U.S. Federal Reserve in its September meeting voted to keep interest rates unchanged given their concerns about the global economy, financial market volatility and sluggish inflation at home, but left open the possibility of a modest policy tightening later this year.

Windus states: Fed Chair Janet Yellen said in a press conference that developments in a tightly linked global economy had in effect forced the U.S. central bank’s hand.

Windus states: The U.S. economy has been performing well enough to perhaps justify a rate hike “and we expect it to continue to do so,” Yellen said shortly after the Fed’s policy-setting committee released its latest statement following a two-day meeting.

Windus states: But Yellen added that “the outlook abroad appears to have become less certain,” driving down U.S. equity prices, pushing up the dollar, and tightening financial conditions in a way that may slow U.S. growth regardless of what the Fed does.

Windus states: “In light of the heightened uncertainty abroad … the committee judged it appropriate to wait,” Yellen said. “Given the significant economic and financial interconnections between the U.S. and the rest of the world, the situation abroad bears close watching.”

Jeff states: Now we have been hearing for a long time from Ms. Yellen that the decisions of the Fed are still be “data-dependent”. Windus, in making this decision to hold rates steady, is the Fed marching to a different beat?

Windus replies: I do not think so but it should be clear that international events and how they impact global markets are a variable for the Feds to consider.

Jeff asks: What about the concept that the U.S. economy is so large that even with a slow-down abroad, the U.S. economy could still be strong and weather through such a storm?

Windus replies.

Jeff asks: So getting back to the Fed’s decision, is there any future guidance we can pull from this?

Windus replies: The Fed still maintains its bias towards a rate hike sometime this year, while lowering its long-term outlook for the economy. The Fed still has two more meetings this year – one in October and one in December. Fresh economic projections showed 13 of 17 Fed policymakers foresee raising rates at least once in 2015, down from 15 at the last meeting in June. Four policymakers now say rates should not be raised until at least 2016, compared to two who felt that way in June.

Jeff asks: I always hear terms describing Fed officials as being doves or hawks. Can you explain the difference to our listeners?

Windus replies:

Jeff states: Now the Fed does make projections of GDP growth, unemployment and inflation and considers the projected movements in making rate change decisions. Windus, what are some of the projections that the Fed has communicated to the public that this article mentions?

Windus replies: Taken as a whole, the latest Fed projections of slower GDP growth, low unemployment and continuing low inflation suggest that concerns of a so-called secular stagnation may be taking root among policymakers. One policymaker even suggested a negative federal funds rate.

Windus states: The median projection of the 17 policymakers showed the Fed expects the economy to grow 2.1% this year, slightly faster than previously thought. However, its forecasts for GDP growth in 2016 and 2017 were downgraded.

Windus states: The Fed also forecasted that inflation would creep only slowly toward its 2% target even as unemployment dips lower than previously expected. It sees the unemployment rate hitting 4.8% next year and remaining at that level for as long as three years.

Windus states: Considering the foregoing, the Fed’s projected interest rate path shifted downward, with the long-run federal funds rate now seen at 3.5%, compared to 3.75% at the last policy meeting.

Jeff asks: So do you think that the Fed is being more dovish or hawkish now that growth projections revised down?

Windus replies: Despite the possibility that we could enter into some period of stagnation, I agree with the consensus that in the absence of any serious derailing of the economy, there will be some increase in rates before the year is out. Remember that we still have two Fed meetings to go before year’s end.

Jeff states: So it looks like the saga will continue into the 4th quarter of 2015 and for now the status quo continues.

Well it’s time for a break but stay tuned because we are going to tell you about the new concerns over ETF’s.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Jeff states: Windus is calling into the studio as she is out on assignment and so in this next segment we want to talk about ETF’s.

Have ETFs Reached A Breaking Point?

Jeff states: A September 13, 2015 article in the Wall Street Journal caught your attention Windus. http://on.wsj.com/1QyPjgM

Jeff states: And in this article it reports how fund managers such as Black Rock, Inc. are trying to figure out what went wrong as the extreme stock-market gyrations in August exposed cracks in the business of exchange-traded funds.

Windus states: Which is one of the reasons why I thought we could talk a bit about the difference between a mutual fund and an ETF and when or why you’d chose to use one over the other.

Jeff asks: So first describe what is a mutual fund?

Windus replies: A mutual fund is a pooling of investors dollars towards a common objective.  Like growth, or income, etc. 
Windus states: This investment instrument can be either all stocks, all bonds, or a blend.  It can even have currencies in them and what have you.

Windus states: Mutual funds were originally created as a means to allow investors to invest with less risk because they were able to diversify with the purchase of one share, but also with a lower minimum.  With a mutual fund, you can typical start investing for as little as $50 a month.  Instead of trying to figure out how to buy one stock at a time, you have access to many with a small amount monthly.  Another great aspect of a mutual fund is the ability to always sell.  With a stock you technically have to reach out to the open market to find a buyer, with a mutual fund, you simply hit the redeem button.  Only in rare occasions will redemptions be stopped, or paused for a period of time.  Mutual funds are actively managed by a portfolio manager and typically a team of analysts.  Some have multiple portfolio managers.

Windus states: Another aspect of a mutual fund is that they settle in what we call “end of day” meaning that no matter when you sell during the day, the sale price will be reflective of the end of the market day not the time in which you imputed your sell order.  Now we are starting to talk about the differences of a mutual fund and an ETF.  Mutual funds sometimes get bad raps in markets where an index would have outperformed it.  What we need to realize is there are going to be rolling periods in the market when an index would have outpaced the mutual fund, and vice versa, and that you are ultimately buying the mutual fund instead because you believe in the manager’s ability to navigate the markets over time better than a straight index would. 

Jeff asks: so what is an EFT?

Windus replies: ETF’s are Exchange Traded Funds.  Like mutual funds, they can be a blend of both stocks bonds, or one or the other or even currencies, etc.  BUT unlike a mutual fund, and ETF is not necessarily actively managed.  ETF’s are commonly passively managed, meaning that they are periodically reset or reviewed by a manager but not daily reviewed or managed like a mutual fund.  Actively managed ETF’s have some about in current time and may gain traction but the benefit of the ETF is the lower fees, which wouldn’t be the case if they were to become managed the same way a mutual ultimately is.  Another interesting aspect of an ETF, which is the cause of some recent issues, is that you can redeem it the same way you redeem a stock.  If it is 9:02am and I enter the order to sell, the price I am given at that time is my settlement price, not the end of day price like it is with a mutual fund. 

Jeff states, before we go on Windus has a special offer for our listeners.

Windus states PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Windus states: You should also know that the securities and advisory services are offered through National Planning Corporation (NPC) Member FINRA, SIPC, and a Registered Investment Advisor.  Trilogy Financial Services and NPC are separate and unrelated Entities.
Jeff states: Windus now that you have done a brilliant job in explaining mutual funds and ETF’s, tell us about what the Wall Street Journal article reported that really put ETF’s to the test. 

Windus states: As the Wall Street Journal article on September 14th highlighted, at 9:42am on August 24th one specific ETF tumbled 35% to its lowest level of the day, this is right when the markets were about to open with a 1000 point drop in the DOW.  At that time the combined weighted values of the stocks the ETF held was $72.42, just down 2.7% for the day.  How can the ETF sale price be $48.00 when the real value would be $72.42?  Assets in the ETF market have grown to roughly $2 trillion up from $305 billion a decade ago.  The volume of ETF’s being trades are up 14.9% compared to a decade ago.  Real time valuing an asset that holds multiple positions is a real challenge and apparently discrepancies can be found when trading volatility picks up. 

Windus continues: This isn’t the first time we’ve seen this, another instance was reported in 2012 as well.  As more and more investors connect to the markets on a daily basis more readily, this instant “valuation” of products that have so many positions may come under further pressure.  It has also yet to be seen how a bond ETF can actually handle money rapidly flowing out of it, and that time will come one day as well.  Mutual funds experience similar pressure but because they are not as instantly traded and because you often pay to be there, people are more cautious on getting out as they are when you can click a button and get out that second. 

Jeff asks: It seems that if people and get in and out of investments quickly by going online, I would think that more of these transactions are being made without much thought people are making bad decisions. Windus what do you think?

Windus responds.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Well Windus I know that you have to head off but I am glad that you were able to stay on for the first half of the show.

Windus signs off.

Jeff states: Stay tuned because after the break we are going to tell you how the new Streamlined Procedures for taxpayers reporting undisclosed foreign bank accounts are being administered by the IRS.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Windus is on assignment today so calling into the studio from my Walnut Creek Office is my associate attorney, Amy Spivey.

Chit chat with Amy

Streamlined Filing Compliance Procedures

PLUG: The Law Offices Of Jeffrey B. Kahn, P.C. will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: For someone with undisclosed foreign bank accounts and unreported foreign income who does not come forward and the IRS instead finds them, they are be looking a huge penalties. The penalties for noncompliance are stiffer than the civil tax penalties ordinarily imposed for delinquent taxes. The criminal penalties for noncompliance which the government may impose include a fine of not more than $500,000 and imprisonment of not more than five years, for failure to file a report, supply information, and for filing a false or fraudulent report. As for the civil penalties they include a penalty equal to 50% of the principal in the undisclosed foreign bank accounts.

Jeff continues: We have been putting the word out for quite some time that if you have unreported foreign income and undisclosed foreign bank accounts, there are special programs in place with the IRS that you can avoid criminal prosecution and get a reduction in penalties that would otherwise be charged by the IRS. One of those programs are the “streamlined procedures” offered under the Offshore Voluntary Disclosure Program (OVDP).

Amy states. That’s right. The streamlined filing compliance procedures are available to taxpayers certifying that their failure to report foreign financial assets and pay all tax due in respect of those assets did not result from willful conduct on their part.

Jeff asks: So let’s discuss the eligibility criteria for the streamlined procedures. [Jeff to read off each item and Amy to explain].

Jeff states: Taxpayers must certify that their conduct was not willful.

Amy replies: Taxpayers using either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures will be required to certify, in accordance with the specific instructions, that the failure to report all income, pay all tax and submit all required information returns, including FBARs (FinCEN Form 114, previously Form TD F 90-22.1) was due to non-willful conduct.  

Jeff states: We will talk more about what constitutes non-willful conduct but for now you need to recognize that you cannot just make general statements that you did not know about this. The IRS is looking for details of your circumstances and your background to show that you had no reason to know or to make further inquiry on what were your reporting obligations.

Amy states: And when you make the statements to justify that your conduct was non-willful in the streamlined procedures, you are making them under penalties of perjury. Making false statements in an attempt to get this treatment will put you in more trouble.

Jeff states: The standard of what you need to show that you are non-willful is complicated as many factors need to be considered. When conducting the analysis for our clients and compiling these statements, we consider over 50 factors to justify that a taxpayer is non-willful. These are then incorporated and addressed in our non-willful statements to provide the most persuasive argument that a taxpayer should be deemed non-willful and therefore benefit under the streamlined procedures.

Jeff states: IRS has initiated a civil examination of taxpayer’s returns for any taxable year.

Amy replies: If the IRS has initiated a civil examination of taxpayer’s returns for any taxable year, regardless of whether the examination relates to undisclosed foreign financial assets, the taxpayer will not be eligible to use the streamlined procedures. Taxpayers under examination may consult with their agent. Similarly, a taxpayer under criminal investigation by IRS Criminal Investigation is also ineligible to use the streamlined procedures.

Jeff states: So even if the IRS were to randomly select you for an audit not knowing that you have unreported foreign income, you are locked out from this program. That is why one should not delay in coming forward – you want to beat the IRS at the pass.

Jeff states: Taxpayers eligible to use streamlined procedures who have previously filed delinquent or amended returns must pay previous penalty assessments.

Amy replies: Taxpayers eligible to use the streamlined procedures who have previously filed delinquent or amended returns in an attempt to address U.S. tax and information reporting obligations with respect to foreign financial assets (so-called “quiet disclosures” made outside of the Offshore Voluntary Disclosure Program (OVDP) or its predecessor programs) may still use the streamlined procedures. However, any penalty assessments previously made with respect to those filings will not be abated. 

Jeff states: So just because you may have been hit with a penalty by the IRS for a late-filed foreign information return like an FBAR or you filed amended income tax returns disclosing the foreign income, you can still get into this program.

Jeff asks what is the general treatment by the IRS under the streamlined procedures?

Amy replies: Tax returns submitted under either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures will be processed like any other return submitted to the IRS. Consequently, receipt of the returns will not be acknowledged by the IRS and the streamlined filing process will not culminate in the signing of a closing agreement with the IRS. 

Jeff states: So these submissions are treated no differently than when you file your annual income tax return. Just because you include a check for the balance due and the IRS cashes does not mean you can’t be selected for audit sometime in the next three years.

Amy replies: Returns submitted under either the Streamlined Procedures will not be subject to IRS audit automatically, but they may be selected for audit under the existing audit selection processes applicable to any U. S. tax return and may also be subject to verification procedures in that the accuracy and completeness of submissions may be checked against information received from banks, financial advisors, and other sources.

Jeff states: The penalty under the streamlined is equal to 5% of the highest annual aggregate foreign account balance over the last 6 years and if you can show that you were a foreign person in any of the last three years, this penalty is completely waived. Additionally, as long as you are in the program, the IRS states it would not be pursuing criminal charges.

PLUG: The Law Offices Of Jeffrey B. Kahn, P.C. will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Stay tuned as we will be taking some of your questions. You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Windus is on assignment so I have my associate attorney, Amy Spivey, helping me out.

Jeff continues:

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call Windus A. Fernandez Brinkkord at her office to make an appointment. The number to call is 858.314.5169. That is 858.314.5169.

Jeff states: If you would like to post a question for us to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”. You can then enter your question and maybe it will be selected for our show.

OK Amy, what questions have you pulled for us to answer?

Question: I am a U.S. citizen living and working outside of the United States for many years. Do I still need to file a U.S. tax return?

Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits. 

Question:  I pay income tax in a foreign country. Do I still have to file a U.S. income tax return even though I do not live in the United States?

You have to file a U.S. income tax return while working and living abroad unless you abandon your green card holder status by filing Form I-407, with the U.S. Citizen & Immigration Service, or you renounce your U.S. citizenship under certain circumstances

Question:  I am a U.S. citizen married to a nonresident alien. What is my filing status and can I claim an exemption for my foreign spouse?

In general, if you are a U.S. citizen or resident alien married to a nonresident alien, you are considered “Married Filing Separately” unless you qualify for a different filing status. If you pay more than half the cost of keeping up a home for yourself and a qualifying child or other relative, you may qualify for the head of household filing status.

If you are a U.S. citizen or resident alien married to a nonresident alien, you and your spouse can choose to have your spouse treated as a U.S. resident for all U.S. federal income tax purposes. This allows you and your spouse to file a joint return, but also subjects your nonresident alien spouse’s worldwide income to U.S. income tax.

If you file a joint return, you can claim an exemption for your nonresident alien spouse. If you do not file a joint return, you can claim an exemption for your nonresident alien spouse only if your spouse has no income from sources within the United States and is not the dependent of another U.S. taxpayer.

Jeff PLUG: The Law Offices Of Jeffrey B. Kahn, P.C. will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: Amy thanks for joining us on today’s show.

Amy replies: Thanks for having me.

Jeff states: Well we are reaching the end of our show.

Remember you can send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.

Jeff states: Have a great day everyone and a great weekend!

Jeffrey B. Kahn, Esq. and Windus A. Fernandez Brinkkord Discusses Possible Federal Reserve Rate Hike, Jeb Bush Tax Plan Proposal, California Tax Agencies and their Collection Tools, Financial Planning and the IRS On ESPN Radio – September 11, 2015 Show

Topics Covered:

  1. The Federal Reserve – Should I Stay Or Should I Rise?
  2. It’s Kickoff Time For The Political Season Of Presidential Candidate Tax Proposals! – Jeb Bush’s Tax Plan
  3. State Of California Taxation and Collection Tools Used By The State.
  4. Questions from our listeners:
    • What’s a credit score?
    • Is it really true that I could settle my tax debt with the IRS for a discounted lump-sum payment?

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Jeff states: Yes sometimes we just have to take the money and run!

Good afternoon! Welcome to Inside Advantage – Your Financial And Tax Radio Show. This is Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.

Windus states: And this is Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.
You are listening to our weekly radio show where we talk everything about finances and taxes from the ESPN 1700 AM Studio in San Diego, California.

Jeff states: When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!

Windus states: And whether you are on the rebound or flying high, we have the information you need to make sound financial decisions and map out your strategy for success.

Jeff states: Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into the KahnTaxLaw website at www.kahntaxlaw.com.

Jeff states: Well today it’s “Full House Friday” because we have the whole Inside Advantage crew at bat – Amy Spivey will be calling into the show a little later and here in the studio with me and Windus is my paralegal, Susannah Kahn. Hi Susannah.

Sue says hi and chit chats with Windus and Jeff.

Jeff states:

For today’s show we have coming up:

Segment 2 material: It’s Kickoff Time For The Political Season Of Presidential Candidate Tax Proposals and the first one to talk about is Jeb Bush’s plan.

Windus states:

Also coming up is:

Segment 3 material: We are going to talk about how the State Of California taxes its citizens and what you need to know.

And of course towards the end of our show, we will be answering some of your questions.

Jeff states: So for today’s top story:

The Federal Reserve – Should I Stay Or Should I Rise?

Posted September 10, 2015 in Yahoo Finance. http://finance.yahoo.com/news/september-rate-hike-wont-175650188.html

Jeff continues: Next week will be a big one for U.S. markets as the Federal Reserve is due to hold its monthly policy meeting over two days on Wednesday and Thursday. The September meeting is a pivotal one, as investors are 50/50 on whether the bank is planning to raise interest rates this month or hold off in light of the recent market turmoil.

Windus states: In general, the rate that the Federal Reserve (or as everyone calls it the Fed) is talking about raising is the Discount Rate. The Discount Rate is the short term rate in which commercial banks borrow from the local federal reserve. When this rate is low, banks can turn around and lend out to people at lower rates. When this rate is high, banks have to charge higher rates when lending money out to people.

Windus continues: It is a common misunderstanding that the Discount Rate is a mortgage rate.  It isn’t, but the Discount Rate does impact mortgage rates.  Because when banks borrow from the Fed to turn around and make loans, if they now have to borrow at a higher rate from the Fed, they have to charge more interest to people on the loans they take from the bank.  Therefore, when the Fed raises the Discount Rate, so does everything else.

The Fed Divided

Jeff states: The article in Yahoo Finance states that Fed officials appear to be divided on whether to raise rates, as comments from the central bankers in past weeks show that there are several opinions on the matter.

Jeff continues: Some Fed officials believe that low rates for an extended period could eventually trigger asset bubbles. Those who support a rate hike point to the job market’s improvement, saying that the U.S. economy is ready to stand on its own. However, on the other hand, worries about inflation and China’s economic slowdown are making some central bankers nervous about a hike.

Why do banks borrow from the Fed?

Windus states: People think that banks should have their own money to lend and so why do banks borrow from the Fed.

Windus continues: Banks are required to maintain a certain level of reserves.  The required reserves are determined by the outside assets and liabilities of each depository institution, as well as the Fed itself, but the percentage typically used is 10%.  In 2007 and 2008, this number was 3%.  Partially due to the default of loans to financial institutions to prevent them from breaching this required deposit amount.  In 2007 and 2008, banks stopped lending for two reasons, loans were higher risk and they were having to keep more money on their balance sheets, but also because they have to meet this monetary deposit requirement and didn’t want to come under pressure.  Therefore, the Fed lowered the Discount Rate to make it easy for banks to borrow from them to cover this requirement and ultimately free up money for the bank to lend again. 

Jeff states: But we all know the flood gates of easy loans did not open. Instead the banks kept the funds for investment because the risk was too great for them to start lending again.

Investors Brace For Market Shock

Windus states: The article in Yahoo Finance goes on to state that as the Fed has waded out into uncharted territory by keeping interest rates low for such a long period and so many are unsure of how a rate hike will affect markets. Many investors worry that a rate increase will wreak havoc on share markets and have begun to prepare their portfolios.

Windus continues: The article suggests that for investors expecting a rate hike next week, financial sector stocks are an attractive bet, as most banks will be able to pass the cost of regulatory changes on to consumers, thus protecting their bottom lines. And in other sectors like healthcare and technology, the article suggests that investors are choosing stocks with low debt levels as borrowing is expected to become more costly with a rate increase.

Slow And Steady

Jeff states: Whether the Fed chooses to raise the Discount Rate this month or holds off until October or December, most analysts agree that a rate increase is coming sooner or later. However, some say the market’s panic is overdone as the Fed has promised to move slowly with consecutive rate increases after the first hike.

Windus states: What people do not understand is that the Discount Rate has never been this low in the history of the Discount Rate.  This rate is what we refer to as one of the Fed’s tools to stabilize the economy. Right now, unemployment is 5.1%, the lowest we’ve seen 2008.  This rate fell much quicker than the Fed anticipated.  If the economy continues to improve at this employment rate, the Fed needs to raise the Discount Rate.

Why does the Fed need to raise the Discount Rate?

Jeff asks Windus: Why do they need to raise the rate? 

Windus replies: If the Fed doesn’t raise the rates, then in the next recession, there will be less monetary policy options for the Fed to implement to get the economy moving.  Another concern about leaving the Fed rates low is that this could cause a bubble.  For example, a housing bubble by driving the purchase of more homes due to lower rates, we’ve seen that impact on the markets in the last 10 years.  Not something that we’d like to have a repeat of.

Windus continues: Now not raising them in September isn’t the end of this, in fact they meet again in October and December and will likely raise before the end of the year regardless of what they do in September.  In fact, it is possible that they will raise this rate more than once this year if they do raise it in September.

Jeff states: The Fed has stated that before making any subsequent rate adjustments, it would first evaluate the outcome of its first rate hike and could even lower rates again if there is a negative economic reaction following the increase.

Windus states: Ultimately, we are looking at a quarter of a percent rate hike in the month of September, maybe.  That would be a rate hike from 0% to .25%.  AND the long term current goal is to have this rate back up to 3.5% or 3.75% before the need to lower it occurs again.  The longer we take to raise it, the less likely it will be that the Fed can get it there before the next recession! The current Fed funds rate is .25%, the current Discount Rate is .75%

Well it’s time for a break but stay tuned because it’s Kickoff Time For The Political Season Of Presidential Candidate Tax Proposals and the first one to talk about is Jeb Bush’s plan.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord and in the studio with us is my paralegal, Susannah Kahn.

It’s Kickoff Time For The Political Season Of Presidential Candidate Tax Proposals!

Jeff states: And for our first candidate we will be talking about Republican presidential candidate, Jeb Bush who Wants Fewer Tax Breaks for Wealthy Than Most in the GOP.

His tax proposal was published in the Wall Street Journal on September 9, 2015 http://on.wsj.com/1hZcdlJ. It states that Mr. Bush would change income-tax rules and curb deductions that he says often unfairly benefit high-income households

Windus states: Mr. Bush’s proposal is the first of many tax plans to come out of this election season.  The election season is becoming like the holidays…starts too early and goes on too long. Can’t beat it so we may as well join it!

Windus continues: The general idea that I am picking up on is that this candidate will want to reduce taxes for the middle class but target increases on the wealthy.

Jeff asks Windus: What defines wealthy in the United States? 

Windus replies: Income is commonly used to determine “wealthy” and that is certainly what is being used to determine it for the Presidential candidates. Before you assume you’ll want the wealthy to be taxed at a higher rate, you may want to see how this would impact you and that is where some good financial planning comes into play because…

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Jeff states: Now the upper middle class is most commonly defined as the top 1% with household incomes above $525,000 annually, as of 2013 and as many presidential hopefuls learned in the past, the promise to raise taxes is not a winning campaign platform yet you cannot promise tax cuts without finding offsetting new revenues.

Windus states: Mr. Bush believes his tax cuts will spur economic growth and the more growth, the more new tax revenues. Specific to his plan, taxpayers who earn more than $200,000 annually “will bear a greater share of our income-tax burden than they do today”. “So the top 5% will bear a greater share,” he said, “And the top 10% as well.”

Windus continues: The way in which he plans on doing this is two-fold: 

1.  Allowing a tax deduction of interest on debt, which makes borrowing more attractive; and 

2.  Permitting what is called “carried interest” which allows investment-fund managers to pay lower taxes on much of their compensation.

Jeff states: So Mr. Bush is proposing that we treat more than just mortgage interest as a tax deduction but interest on other debts as well and when this increased level of borrowing, there will be greater economic activity.

Windus states: Another interesting aspect of his plan is to have few tax brackets…this would actually help wealthier taxpayers, but not so much for us California taxpayers who pay high state taxes because the deductions for state and local taxes would be eliminated and all other deductions would then be capped at 2%. 

Jeff states: Now, just like everyone, Mr. Bush believes his tax cuts will spur economic growth.  And it is entirely possible, if passed they could.  Of course this is not something that is easy to judge until the action is taken and we can see its impact.

Windus states: Change is difficult.  I understand we need change.  Some of this just sounds like it may be very costly for those essentially earning more than $150,000 and living in California.  And that may not be different for any of the tax reformation proposals we will be reading about in the next year which is why you should consider making a sound financial plan.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Well it’s time for a break but stay tuned because we are going to tell you we are going to talk about how the State Of California taxes its citizens.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord and in the studio with us is my paralegal, Susannah Kahn.

And calling into the studio from my Walnut Creek Office to make this a “Full-house Friday” is my associate attorney, Amy Spivey.

Chit chat with Amy

Jeff states: We always talk about the IRS and its enforcement of the Federal Tax Laws so I thought that for this segment we would focus on State Taxation in this great State Of California.

State Of California Taxation.

Amy states: Unlike the Federal level which has one tax agency handling the administration, enforcement and collection of all Federal Taxes (income, employment, excise), the State Of California tax system is organized into three separate tax agencies:

  1. Franchise Tax Board (FTB) which deals with State Income Tax
  2. Employment Development Department (EDD) which deals with State Payroll Tax
  3. Board Of Equalization (BOE) which deals with Sales & Use Tax, and Other Taxes & Fees

Windus: Amy, you would think that with our nation being so large that it would be the other way around where the Federal tax agency level would be divided up into different agencies and the State Of California operating with one tax agency?

Amy replies: True and most States do operate with a single tax agency like the Federal government. But as I said California is different and so to effectively deal with the State, you need to know how it agency operates.

Jeff states: OK Amy so let’s talk about FTB.

Franchise Tax Board (FTB)

Amy replies: FTB is responsible for administering two of California’s major tax programs: Personal Income Tax and Corporation Tax. Some other tax enforcement programs administered by the FTB:

1, City Business Tax Program – The FTB will exchange data with participating cities. City data helps the FTB identify self-employed individuals who are not filing required individual and business entity income tax returns, and state tax data helps cities identify businesses that may have a local business tax filing requirement.

2. Criminal Investigations – The FTB’s investigative efforts help bring individuals and business entities into compliance with tax laws and reduce the tax gap. The FTB will also publicize their investigation results as a means to deter other taxpayers from non-compliance with the tax laws.

3. Voluntary Disclosure Program -. The Voluntary Disclosure Program allows qualified entities, qualified shareholders, or beneficiaries that may have incurred an unpaid California tax liability or an unfulfilled filing requirement to disclose their liability voluntarily and avoid criminal prosecution.

Windus asks: Does the IRS have each of these same programs in place as the FTB?

Amy replies: It does have a Criminal Investigation Division which also administers the Voluntary Disclosure Program. By the way we have a lot of clients who have undisclosed foreign bank accounts who have engaged our services to enter into the Voluntary Disclosure Program and avoid criminal prosecution. As to information sharing, the IRS does get information from the State but not directly from local governments so it really is up to the State as to what information from local governments they include with what is being shared with IRS.

Jeff states: OK Amy so let’s talk about EDD.

Employment Development Department (EDD)

Amy replies: The EDD is responsible for the state programs involving unemployment insurance, disability insurance, payroll tax collection, and job training/workforce services. To better administer its programs in California’s two trillion dollar economy with nearly 16 million employed Californians, the EDD is divided into nine different branches.

The main one we deal with is the Tax Branch (TB) which administers the collection, accounting, and auditing functions of California’s payroll tax program. The program consists of Unemployment Insurance and Employment Training Tax, which are employer contributions, and State Disability Insurance and Personal Income Tax, which are withheld from employees’ wages. Each year, the EDD collects approximately $50 billion dollars in payroll taxes and processes more than 30 million employer tax documents and remittances.

Jeff states: And what about BOE?

Board Of Equalization (BOE)

Amy replies: The BOE was established in 1879 by a constitutional amendment. The BOE was initially charged with responsibility for ensuring that county property tax assessment practices were equal and uniform throughout the state. Currently the tax programs administered by the BOE are concentrated in four general areas: sales and use taxes, property taxes, special taxes and the tax appellate program. Each year, the BOE collects approximately $56 billion dollars in taxes and fees amounting to about 30% of all state revenue.

Jeff states: So Amy its seems that in terms of the percentage of revenues collected that each of the three State tax agencies collects about 1/3rd of the State Of California’s revenues.

Amy replies: Yes Jeff that would be right.

Windus states: So Amy if one owns and operates a business here in California that business could be subject to tax enforcement and collection of taxes by the IRS and these three state tax agencies at the same time?

Amy replies: Yes that does happen and it is common that a business that becomes delinquent in its tax obligations usually is delinquent with more than one type of tax.

Jeff states: And so whether you are subject to the wrath of one tax agency or perhaps four tax agencies, you need to contact…

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

California Tax Agencies’ Collection Tools

Jeff states: Each taxing agency in California operates differently. So it is best to understand their rules and procedures if you are being targeted by the FTB, EDD or BOE.

Some of the collection actions that each tax agency will use:

  1. Filing tax liens – good for 10 years and by refiling can be extended another 10 years (whereas for IRS it is 7 and 7 years).
  2. Garnishing wages (State limited to 25%) (whereas IRS exempts a small amount of each paycheck from garnishment).
  3. Sending levies to your customers which obligates your customers to pay the government instead of paying you.
  4. Levying bank accounts (although retirement funds still exempt from levy).
  5. Publishing a taxpayer top delinquency list which anyone can access on the internet.
  6. Suspension of your California driver’s license.
  7. Suspension of other California issued licenses such as a contractor’s license.

Jeff states: Each taxing agency in California operates differently. Remember that State tax officials do not have your best interests at heart. They are not responsible for informing you of your rights or giving you tax advice. So to level the playing field and give you the advantage you need to contact…

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Amy for calling into the show. Amy says Thanks for having me.

Stay tuned as we will be taking some of your questions. You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord and in the studio with us is my paralegal, Susannah Kahn.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

You should also know that the securities and advisory services are offered through National Planning Corporation.(NPC) Member FINRA, SIPC, and a Registered Investment Advisor.  Trilogy Financial Services and NPC are separate and unrelated Entities.

Jeff states: If you would like to post a question for us to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”. You can then enter your question and maybe it will be selected for our show.

OK Susannah we are giving you the honor of pulling questions for us to answer.

Sue states: This is a question for Windus. Karen from Carlsbad asks what’s a credit score?

Windus replies: A credit score is a numeric rating determined by three credit bureaus: Equifax, Experian, and TransUnion. The most commonly used credit score is from FICO. This rating, which can vary by bureau, is defined by how much debt you have, whether you pay your bills on time, how many credit cards you have, and any unpaid bills, among other factors.

Your credit score (which can range from 300 to 850) affects most financial decisions: Buying a car, buying or renting a home, getting loans, and opening new lines of credit require credit score reviews by the people or companies who can grant you any of those things.

You can check your credit score in addition to your credit report, which you should do at least once a year to make sure it’s accurate and reflects credit cards or debts you actually have (and that no one else is using your name — and your credit — to buy stuff). Your credit score impacts basically your entire adult financial life so it’s important to know what it is and monitor it. You can do this for free without affecting your score at: www.annualcreditreport.com.

Sue states: Jeff I have a question for you from Ralph in Irvine who asks, is it really true that I could settle my tax debt with the IRS for a discounted lump-sum payment?

Jeff replies: That is possible with an Offer in Compromise. An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship. The IRS would consider your unique set of facts and circumstances that covers the following:

  • Ability to pay;
  • Income;
  • Expenses; and
  • Asset equity.

IRS will generally approve an offer in compromise when the amount offered represents the most the IRS can expect to collect within a reasonable period of time (that time is usually the remaining period left on the Statute Of Limitations For Collections). Be aware though that how the IRS arrives at how much they could expect to collect within a reasonable period of time can be very tricky which is the reason why most Offers submitted directly by taxpayers without professional guidance fail.

Jeff PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: Thank you Sue for coming on to the show today and making this a “Full-house Friday”. Remember you can send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.

Windus states: Have a great day everyone!

Jeffrey B. Kahn, Esq. and Windus A. Fernandez Brinkkord Discusses Financial Planning, Taxes and the IRS On ESPN Radio – September 4, 2015 Show

Topics Covered:
1. IRS Data breach much larger than first thought
2. The financial aspects of pursing the “Daddy Track” when balancing work and family time.
3. IRS Summertime Tax Tips:
a. Top Tax Tips about Filing an Amended Tax Return
b. Tax Tips for Starting a Business
4. Questions from our listeners:

a. I hear a lot about risk on bonds and bond credit ratings. What do they mean?

b. Can I receive a tax refund if I am currently making payments under an installment agreement or payment plan for a prior year’s federal taxes?

**************************

Jeff states: Yes sometimes we just have to take the money and run!

Good afternoon! Welcome to Inside Advantage – Your Financial And Tax Radio Show.
This is Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.
Windus states:
And this is Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.
You are listening to our weekly radio show where we talk everything about finances and taxes from the ESPN 1700 AM Studio in San Diego, California.
Jeff states:
When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!
Windus states:
And whether you are on the rebound or flying high, we have the information you need to make sound financial decisions and map out your strategy for success.
Jeff states:
Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into the KahnTaxLaw website at www.kahntaxlaw.com.
Jeff states:

For today’s show we have coming up:

Segment 2 material: The financial aspects of pursing the “Daddy Track” when balancing work and family time.

Windus states:

Also coming up is:

Segment 3 material: our continuation of the IRS’ Summertime Tax Tips and what they mean for you.

And of course towards the end of our show, we will be answering some of your questions.

Jeff starts chit chat with Windus.

So for our top story –
IRS Data breach much larger than first thought
Jeff states: Nobody likes getting letters from the IRS which usually informs a taxpayer that they are selected for an audit or the agency is taking collection action against an outstanding balance. But if you do not have either of these issues, you may be getting a letter from the IRS like other hundreds of thousands of taxpayers alerting that they you are a victim of a hack on IRS computer systems. The IRS now admits that this breach which occurred in May 2015 has affected twice as many people as the agency originally thought.

Additional IRS Statement on the “Get Transcript” Incident

Windus states: Reported by IRS on their website on August 17, 2015

Following an incident involving the IRS’s “Get Transcript” web application discovered in May, the IRS conducted an extensive review covering the 2015 filing season to assess whether other suspicious activity occurred. Following this review, the IRS has identified more questionable attempts to obtain transcripts using sensitive information already in the hands of criminals. As a result, the IRS is moving immediately to notify and help protect these taxpayers.

Jeff states: As it did in May 2015, the IRS is moving aggressively to protect taxpayers whose account information may have been accessed. The IRS will begin mailing letters in the next few days to about 220,000 taxpayers where there were instances of possible or potential access to “Get Transcript” taxpayer account information. As an additional protective step, the IRS will also be mailing letters to approximately 170,000 other households alerting them that their personal information could be at risk even though identity thieves failed in efforts to access the IRS system. So now that brings the total number of notifications to 390,000.

Windus states: In May 2015, the IRS determined unauthorized third parties already had sufficient information from a source outside the tax agency before accessing the “Get Transcript” application. This allowed them to clear a multi-step authentication process, including several personal verification questions that typically are only known by the taxpayer.

Jeff states: When the IRS first identified the problem in May, it determined that these third parties with taxpayer-specific sensitive data from non-IRS sources cleared the Get Transcript verification process on about 114,000 total attempts. In addition, third parties made another 111,000 attempts that failed to pass the final verification step, meaning they were unable to have access to account information through the Get Transcript service.

Windus states: Since then, as part of the IRS’s continued efforts to protect taxpayer data, the IRS conducted a deeper analysis over a wider time period covering the 2015 filing season, analyzing more than 23 million uses of the Get Transcript system.

Windus continues: The new review identified an estimated additional 220,000 attempts where individuals with taxpayer-specific sensitive data cleared the Get Transcript verification process. The review also identified an additional 170,000 suspected attempts that failed to clear the authentication processes.

Jeff states: The IRS will begin mailing letters in the next few days to the taxpayers whose accounts may have been accessed.  Given the uncertainty in many of these cases — where a tax return was filed before the Get Transcript access occurred for example — the IRS notices will advise taxpayers that they can disregard the letter if they were actually the ones seeking a copy of their tax return information.

The “Get Transcript” application was shut down in May, and the IRS continues to work on strengthening the system.

Jeff and Windus to comment.

Jeff states: The IRS claims that a wide variety of actions to protect taxpayers are being taken beyond the mailings, including offering taxpayers free credit protection as well as Identity Protection PINs. However, there are still unknown damages yet to come as the IRS believes some of this information may have been gathered for potentially filing fraudulent tax returns during the upcoming 2016 filing season

Jeff states: Well it’s time for a break but stay tuned because we are going to tell you the financial aspects of pursing the “Daddy Track” when balancing work and family time.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

The financial aspects of pursing the “Daddy Track” when balancing work and family time.

Jeff states: Windus you brought to my attention this article posted in the Wall Street Journal Article, September 1, 2015. http://on.wsj.com/1hQxQFa
Windus: That’s right and while their numbers are small, working fathers face stigma, isolation when they cut hours for child care
First, I think we are seeing a growing number of families with a part time second parent not two full time parents.

6.7 million men, or 4.6% of all employed workers voluntarily worked part time last year.

What I found interesting in the article is ultimately, I’m seeing this more in financial planning.  Couples are choosing the parent with lower income and it isn’t as cut and dry as gender any longer.

What many of these men are finding is that they experience the same issues as woman who work part time for family reasons.  Basically, their commitment to their careers is being questioned.

However, even though we are seeing this shift, the statistics still say that 47% of working mothers would rather only work part time where as that is only 12% for men, this is from a 2012 Pew Study. 

There is huge pressure in the work environment for men to not take time or not work nontraditional hours.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Jeff asks Windus: Having talked about the parental-workplace time management that any single parent with a job has to balance, what are your thoughts on the financial side of this issue?

Windus responds.

If you are going down to lower income, when children are often an increase on a family budget, you need to get that budget in line, regardless of who is working or not.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Jeff states: Stay tuned because after the break we have some important summertime tax tips that can help you avoid tax problems with IRS.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Jeff states:

Starting July 1st, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Tax Tip subscribers receive a new Tip via email three times a week during July and August. They also get a Tax Tip each weekday during the tax filing season. The IRS also issues Special Edition Tax Tips on important tax topics throughout the year. Taxpayers can sign up for the IRS Tax Tips subscription through a free service on www.irs.gov. For this segment we have pulled some of these tips which we want to share with you and add our comments to them.

IRS Summertime Tax Tip 2015-26, August 31, 2015: Top Tax Tips about Filing an Amended Tax Return

Jeff states: We all make mistakes so don’t panic if you made one on your tax return. You can file an amended return if you need to fix an error. You can also amend your tax return if you forgot to claim a tax credit or deduction.

Windus asks: When should you amend your tax return and when is it not necessary to amend?

Jeff replies:

a.  When to amend.  You should amend your tax return if you need to correct your filing status, the number of dependents you claimed, or your total income. You should also amend your return to claim tax deductions or tax credits that you did not claim when you filed your original return.

b.  When NOT to amend.  In some cases, you don’t need to amend your tax return. The IRS usually corrects math errors when processing your original return. If you didn’t include a required form or schedule, the IRS will send you a notice via U.S. mail about the missing item. 

Windus asks: What tax form do you use?

Jeff replies: Form 1040X.  Use Form 1040X to amend a federal income tax return that you filed before. Make sure you check the box at the top of the form that shows which year you are amending. Since you can’t e-file an amended return, you’ll need to file your Form 1040X on paper and mail it to the IRS.

Form 1040X has three columns. Column A shows amounts from the original return. Column B shows the net increase or decrease for the amounts you are changing. Column C shows the corrected amounts. You should explain what you are changing and the reasons why on the back of the form.

Windus asks: What if you need to file for multiple years?

Jeff replies: More than one year.  If you file an amended return for more than one year, use a separate 1040X for each tax year. Mail them in separate envelopes to the IRS. See “Where to File” in the instructions for Form 1040X for the address you should use.

Other forms or schedules.  If your changes have to do with other tax forms or schedules, make sure you attach them to Form 1040X when you file the form. If you don’t, this will cause a delay in processing.

Windus asks: What if you are waiting for your refund from the originally filed tax return?

Jeff replies: Amending to claim an additional refund.  If you are waiting for a refund from your original tax return, don’t file your amended return until after you receive the refund. You may cash the refund check from your original return. Amended returns take up to 16 weeks to process. You will receive any additional refund you are owed.

Amending to pay additional tax.  If you’re filing an amended tax return because you owe more tax, you should file Form 1040X and pay the tax as soon as possible. This will limit interest and penalty charges.

Windus asks: Are there any time limitations as to when you should file amended tax returns?

Jeff replies: When to file.  To claim a refund file Form 1040X no more than three years from the date you filed your original tax return. You can also file it no more than two years from the date you paid the tax, if that date is later than the three-year rule.

Jeff continues: Each and every taxpayer has a set of fundamental rights they should be aware of when dealing with the IRS. These are your Taxpayer Bill of Rights. These rights include the right to be represented.

PLUG: The Law Offices Of Jeffrey B. Kahn, P.C. will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

IRS Summertime Tax Tip 2015-15, August 5, 2015: IRS Tax Tips for Starting a Business

Jeff states: When you start a business, a key to your success is to know your tax obligations. You may not only need to know about income tax rules, but also about payroll tax rules.

Windus asks: So what are some tax tips that can help you get your business off to a good start?

Jeff replies:

  1. Business Structure.  An early choice you need to make is to decide on the type of structure for your business.

Choices for business structure:

  • Sole proprietor,
  • Partnership,
  • Corporation (C-corp or S-corp), and
  • LLC.

Each type of structure has its advantages and disadvantages. We call the process of which type to select “Choice Of entity”. The type of business you choose will determine which tax forms you will file.

Windus asks: What are the types of business taxes a business could face?

Jeff replies:

  1. Business Taxes.  There are four general types of Federal business taxes. They are income tax, self-employment tax, employment tax and excise tax. In most cases, the types of tax your business pays depends on the type of business structure you set up.
  • Employment Taxes apply with you have payroll.
  • Self-employment Tax generally applies to the owner of a sole proprietorship.
  • Excise Taxes are special taxes charged against certain businesses based on the services used or products sold.
  • Income taxes will be imposed at some point – either at the entity level or the individual level. It depends on the entity you use. Where income taxes are imposed at the entity level AND the individual level, taxes are being paid twice – we call this “double taxation”. You do not want this to happen.

Don’t forget that there are state taxes as well that any business would be subject to.

Windus asks: Does one need to get a tax id#?

Jeff replies:

3.  Employer Identification Number.  Unless you are a sole proprietor with no employees, you may need to get an EIN for federal tax purposes. If you do need one, you can apply for it online. If you are not required to have one, your social security number would be the identifying number used for your business. Not a good idea with all the fraud activity that is occurring.

Windus asks: What about maintaining a set of books of accounting for the business?

Jeff replies:

4.  Accounting Method.  An accounting method is a set of rules that you use to determine when to report income and expenses. You must use a consistent method. The two that are most common are the cash and accrual methods. Under the cash method, you normally report income and deduct expenses in the year that you receive or pay them. Under the accrual method, you generally report income and deduct expenses in the year that you earn or incur them. This is true even if you get the income or pay the expense in a later year.

PLUG: The Law Offices Of Jeffrey B. Kahn, P.C. will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Stay tuned as we will be taking some of your questions. You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

You should also know that the securities and advisory services are offered through National Planning Corporation.(NPC) Member FINRA, SIPC, and a Registered Investment Advisor.  Trilogy Financial Services and NPC are separate and unrelated Entities.

Jeff states: If you would like to post a question for us to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”. You can then enter your question and maybe it will be selected for our show.

OK Windus, what questions have you pulled for us to answer?

Windus asks: Robert from San Diego asks: I hear a lot about risk on bonds and bond credit ratings. What do they mean?

Jeff states, Well Windus you are the financial planner so I will let you respond.

Windus replies: Answer:

Generally, bond risk refers to the possibility that the issuer will default. This is also called “credit risk”.


To determine credit risk, investors often look to a bond’s rating, issued by independent ratings agencies such as Moody’s, Fitch and Standard & Poors.

A credit rating is an independent assessment of the creditworthiness of a bond by a credit rating agency. It measures the probability of the timely repayment of principal and interest of a bond. Generally, a higher credit rating would lead to a more favorable effect on the marketability of a bond. The credit rating symbols are generally assigned with “triple A” as the highest and “triple B” as the lowest in investment grade. Anything below triple B is commonly known as a “junk bond”.

  • Bonds rated AAA have the highest ratings assigned by rating agencies. They carry the smallest degree of investment risk but the issuer’s capacity to pay interest and principal is still considered extremely strong.
  • Bonds rated AA are judged to be of high quality by all standards. They differ from the highest rated triple A bonds only in a small degree but the issuer’s capacity to pay interest and principal is still considered very strong.
  • Bonds rated A have strong capacity to pay interest and repay principal although they are somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than bonds in higher rated categories.
  • Bonds rated triple B are considered medium grade obligations. They are neither highly protected nor poorly secured. Interest payments and principal security appear adequate for the present but certain protective elements may be lacking or unreliable over any length of time. These bonds lack outstanding important characteristics and have speculative characteristics as well.

Bonds also have a “durational risk” to consider.

Windus asks: Barbara from Los Angeles asks: Can I receive a tax refund if I am currently making payments under an installment agreement or payment plan for a prior year’s federal taxes?

Jeff replies: Answer:

No. A condition of your installment agreement is that the IRS will automatically apply any refund due to you against taxes you owe.

  • Because your refund is not applied toward your regular monthly payment, you must continue making your installment agreement payments as scheduled and in full.
  • Regardless whether you are participating in an installment agreement or other payment arrangement with the IRS, you may not get all of your refund if you owe certain past-due amounts, such as federal tax, state tax, a student loan, or child support

Other conditions of an installment agreement:

  • Timely filing of future tax returns;
  • No creation of new liabilities – applies to future tax returns AND audit adjustments to prior tax returns; and
  • Compliance with estimated tax payment obligations (if required).

These conditions exist until the liabilities covered under the installment agreement are satisfied.

Jeff PLUG: The Law Offices Of Jeffrey B. Kahn, P.C. will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: Well we are reaching the end of our show.

Remember you can send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.

Windus states: Have a great day everyone!

Jeffrey B. Kahn, Esq. and Windus A. Fernandez Brinkkord Discusses Financial Markets Turbulence, Abandoned Property, Taxes and the IRS On ESPN Radio – August 28, 2015 Show

Topics Covered:

1. Dealing With Financial Markets Turbulence.

2. How to stop your assets from being turned over to the State as abandoned property.

3. IRS Summertime Tax Tips:

  • Job Search Expenses May be Deductible
  • Key Tax Tips on the Tax Effects of Divorce or Separation

4. Questions from our listeners:

  • I have IRAs, 401K, mutual funds, and savings for a rainy day. I have done this myself. My friend is trying to convince me to use a financial planner. I wonder what they may do so much better than me? Also, don’t their fees offset any gains they can make beyond what I can do myself?
  • My CPA who I have been going to for years has never told me that I had to report my foreign income. Now that I just learned that I have to report my foreign income and disclose my foreign bank accounts, do I accept my CPA’s offer to represent me in OVDP or do I hire you?

*********************************

Jeff states: Yes sometimes we just have to take the money and run!

Good afternoon! Welcome to Inside Advantage – Your Financial And Tax Radio Show.
This is Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.
Windus states:
And this is Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.
You are listening to our weekly radio show where we talk everything about finances and taxes from the ESPN 1700 AM Studio in San Diego, California.
Jeff states:
When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!
Windus states:
And whether you are on the rebound or flying high, we have the information you need to make sound financial decisions and map out your strategy for success.
Jeff states:
Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into the KahnTaxLaw website at www.kahntaxlaw.com.

Jeff states:

For today’s show we have coming up:

Segment 2 material: how to stop your assets from being turned over to the State as abandoned property.

Windus states:

Also coming up is:

Segment 3 material: our continuation of the IRS’ Summertime Tax Tips and what they mean for you.

And of course towards the end of our show, we will be answering some of your questions.

Jeff starts chit chat with Windus.

Dealing With Financial Markets Turbulence.

Jeff states, so Windus it finally happened we had this huge market turbulence over the past week and people do not know what to do. Windus for those who are not aware, please tell what has happened over the last week or so.

Windus replies with the general trends of the market over the last week or so.

Jeff states: So I can understand that people start getting jittery when the markets are turbulent. I am sure you have been getting a lot of calls. What do you say?

Windus replies: My points for market turbulence are:

Markets will go up and down and you should be investing for your time horizon.
The biggest issues clients have is watching their statements go up and down and trying to reconcile the statements with their account balances.
For example, we saw a few years where the U.S. market out performed the international markets, which didn’t mean you shouldn’t have international market exposure, but many people were unhappy if they were not out performing the S&P 500.
Be careful to compare your returns to one index.  It isn’t what is best for you and not likely what is in line with your risk tolerance.

Jeff states: I think that people forget that investing is for the long term and instead look for that quick return.

Windus replies: Ultimately, if you are not retiring for 20 years, this kind of volatility should not be driving your plan but should be something you continue investing through.

If you needed the money next year, you shouldn’t have been invested in equities in the first place AND if you did, it is better to weather the storm and look for stabilization before selling versus selling in the middle of a correction.

Jeff states: But for the market to take a large downturn – say 20% is this a sign that bad times are to come?

Windus replies: Correction typically indicates that this is not a sustained downturn or the start of a recession but a healthy pull back in the market. Now no one has a crystal ball, but ultimately, the traditional markets for a recession have not turned yet.

Jeff asks Windus: What are those traditional markets that you are referring to?

Windus replies.

Jeff asks Windus: So is there a specific time that you should get into a market?

Windus replies: Avoid “timing” the markets. Many people ask me should I invest now, or does the market have more down to go? That is a pretty reasonable question but the problem is, you can’t answer this until after the fact.
What you should do is slowly deploy money through a strategy called dollar cost averaging. Dollar cost averaging allows you to trickle money in over a period of time, helping you to avoid buying all on one up day or a down day.
Now, you can obviously put more in if we’ve seen a 10% sell off in 3-4 days, but regardless, it is best to hedge your bets and spread out when you put the funds in.

Jeff asks Windus: So what do you say to our listeners who are living off of their income and can’t handle the volatility?

Windus replies: The great thing about being retired and having dividend income, is that dividends are paid per share you own. They are not paid per the balance.  So as long as you are not taking from the principal, your income should remain stable in a down turn or in a market correction. Be careful of reacting to these bumps in the market, the reaction is often very hurtful to your long term growth.

Well it’s time for a break but stay tuned because we are going to tell you how to stop your assets from being turned over to the State as abandoned property.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

How to stop your assets from being turned over to the State as abandoned property.

Jeff states: Windus, an article in the August 21, 2015 Wall Street Journal http://www.wsj.com/articles/protecting-your-mutual-fund-accounts-1440191878

caught your attention of how States in an effort to raise more revenues are becoming more aggressive in claiming abandoned property as it benefits them for the period of time this property is unclaimed. What usually happens is that State law will define when something becomes abandoned, so whether you are a bank, brokerage house or other financial institution, there will be a point when that dormant account must be turned over to the State as abandoned property.
Windus replies: We are seeing this more and more, your address doesn’t get updated correctly, the bank, brokerage house or other financial institution gets returned mail, and all of the sudden, you are receiving notices that your funds are going to be reported as abandoned property to the state.

Jeff asks Windus: So what should one do?
Windus replies: First, don’t melt down, this is typically an easy fix.  Normally, you can just reach out, properly prove your identity and update your address and take back over your funds.

Jeff states: Well whether the financial institution is holding the funds or the State is holding the funds, the funds still belong to the account holder so what good is it for the State to now hold this “abandoned property”?
Windus replies: Now states argue that it benefits a consumer, especially in the case of a deceased family member, for this to happen.  If the states claim it, you can search for it on their sites.  Otherwise, you’d have to call every financial institution to track down assets for that relative. That is a lot of work as opposed to going to one centralized database maintained by the State. And if you are now expecting an inheritance from a deceased family member consider this….
Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.
Jeff asks Windus: So you have some comments to the tips listed in this Wall Street Journal Article.

Jeff to read each tip and Windus replies:

1. Notify financial institutions of any address change, name change or change in ownership due to death or divorce. Also change your address with the U.S. Postal Service when you move.

Windus comment:  If you notice for some reason that mail is still getting through to the old address, please let your advisor know.  Sometimes the first update doesn’t go through.  It happens.

2. Open all mail from the financial institutions where you have accounts.

Windus comment:  It is both important to be informed on your accounts, but also keep up with what they are trying to communicate.  Always open, stay informed.

3. Cash all dividend checks and insurance benefits, no matter how small.

Windus comment:  Yes, this is one thing that can very quickly cause unclaimed property for a needless reason.

4. Initiate account transactions, such as small deposits, annually. Even a $1 deposit will be considered account activity in some states, though automated deposits and withdrawals may not count.

Windus comment:  You should always be contributing to your assets BUT in the event that you can’t work this into your budget it doesn’t hurt to put a small amount in annually to keep the account active.

5. Contact each institution at least once every three years, by calling or logging in to an online account.

Windus comment:  every 3 years, institutions are required to do a mailing.  When your information is out of date, this can trigger the assets to go to unclaimed property.  Make sure you are aware of this.

6. Search relevant government unclaimed-property websites periodically. There is no reason to pay for a search elsewhere as the state sites are free.

Windus comment:  pretty straight forward.  Unfortunately, people pay for services that are free all the time because they don’t know they are free.  Know to look directly with the state and do not pay for someone to conduct this search for you.

7. Make sure there is a current list of financial accounts and other assets available to family members, an executor or adviser, in case of death or disability.

Windus comment:  For my clients, I have a single portal that they can link all of their accounts into and I provide them with a binder.  My goal is that all clients have a paper trail summary of their accounts so that the family can know where to go in the event something happens and so consider this…

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Jeff states: Stay tuned because after the break we have Amy Spivey joining in to tell you some important summertime tax tips that can help you avoid tax problems with IRS.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Calling into the studio from my Walnut Creek Office is my associate attorney, Amy Spivey.

Chit chat with Amy

Jeff states:

Starting July 1st, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Tax Tip subscribers receive a new Tip via email three times a week during July and August. They also get a Tax Tip each weekday during the tax filing season. The IRS also issues Special Edition Tax Tips on important tax topics throughout the year. Taxpayers can sign up for the IRS Tax Tips subscription through a free service on www.irs.gov. For this segment we have pulled some of these tips which we want to share with you and add our comments to them.

IRS Summertime Tax Tip 2015-23 issued August 24, 2015:

Key Tax Tips on the Tax Effects of Divorce or Separation

Jeff states: Income tax may be the last thing on your mind after a divorce or separation. However, these events can have a big impact on your taxes. Alimony and a name change are just a few items you may need to consider. Here are some key tax tips to keep in mind if you get divorced or separated.

Jeff asks Amy: How does the tax law treat Child Support, Alimony Paid and Alimony Received?

Amy replies:

      • Child Support.  If you pay child support, you can’t deduct it on your tax return. If you receive child support, the amount you receive is not taxable.
      • Alimony Paid.  If you make payments under a divorce or separate maintenance decree or written separation agreement you may be able to deduct them as alimony. This applies only if the payments qualify as alimony for federal tax purposes. If the decree or agreement does not require the payments, they do not qualify as alimony.
      • Alimony Received.  If you get alimony from your spouse or former spouse, it is taxable in the year you get it.

Windus asks Amy: But since alimony is not subject to tax withholding, how would a spouse receiving alimony prepare for that end-of-year tax bill?

Amy replies: So that spouse receiving the alimony may need to increase the tax that person pays during the year to avoid a penalty. To do this, you can make estimated tax payments or increase the amount of tax withheld from your wages.

Jeff asks Amy: What if a spouse previously established a spousal IRA and now in 2015 the dissolution of the marriage is final, can that spouse make a tax deductible contribution in 2015 to that spousal IRA?

Amy replies: If you get a final decree of divorce or separate maintenance by the end of your tax year, you can’t deduct contributions you make to your former spouse’s traditional IRA. You may be able to deduct contributions you make to your own traditional IRA.

Windus asks Amy: I know that most women after their divorce change back to their maiden name. If one is looking to that what must they do with the government?

Amy replies: If you change your name after your divorce, notify the Social Security Administration of the change. File Form SS-5, Application for a Social Security Card. You can get the form on SSA.gov. The name on your tax return must match SSA records. A name mismatch can delay your refund.

Jeff states: It’s hard enough dealing with the issues of divorce especially when children are involved but you cannot be ignorant of the tax consequences so it is important to contact…

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

IRS Summertime Tax Tip 2015-24 issued August 26, 2015:

Job Search Expenses May be Deductible

Jeff states: People often change their job in the summer. If you look for a job in the same line of work, you may be able to deduct some of your job search costs.

Jeff asks Amy: What are some key tax facts you should know about if you search for a new job:

Amy replies: The main one is –

      • Same Occupation.  Your expenses must be for a job search in your current line of work. You can’t deduct expenses for a job search in a new occupation.

Windus asks Amy: What are typical expenses that could be deductible?

Amy replies:

      • Résumé Costs.  You can deduct the cost of preparing and mailing your résumé.
      • Travel Expenses.  If you travel to look for a new job, you may be able to deduct the cost of the trip. To deduct the cost of the travel to and from the area, the trip must be mainly to look for a new job. You may still be able to deduct some costs if looking for a job is not the main purpose of the trip.
      • Placement Agency. You can deduct some job placement agency fees you pay to look for a job.

Jeff asks Amy: But there are got to be a catch to this or else everyone would be looking to deduct job search expenses each year?

Amy replies: There is –

      • First Job.  You can’t deduct job search expenses if you’re looking for a job for the first time.
      • Substantial Job Break.  You can’t deduct job search expenses if there was a long break between the end of your last job and the time you began looking for a new one.
      • Reimbursed Costs.  Reimbursed expenses are not deductible.

Windus asks Amy: Where on the Form 1040 do you claim these expenses?

Amy replies:

      • Schedule A.  You usually deduct your job search expenses on Schedule A, Itemized Deductions. You’ll claim them as a miscellaneous deduction. You can deduct the total miscellaneous deductions that are more than 2% of your adjusted gross income.

Jeff states: Each and every taxpayer has a set of fundamental rights they should be aware of when dealing with the IRS and one of them is the right to representation, and that’s where we come in because…

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Amy for calling into the show. Amy says Thanks for having me.

Stay tuned as we will be taking some of your questions. You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

You should also know that the securities and advisory services are offered through National Planning Corporation.(NPC) Member FINRA, SIPC, and a Registered Investment Advisor.  Trilogy Financial Services and NPC are separate and unrelated Entities.

Jeff states: If you would like to post a question for us to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”. You can then enter your question and maybe it will be selected for our show.

OK Windus, what questions have you pulled for us to answer?

Windus states:

Bill from La Jolla states: I have IRAs, 401K, mutual funds, and savings for a rainy day. I have done this myself. My friend is trying to convince me to use a financial planner. I wonder what they may do so much better than me? Also, don’t their fees offset any gains they can make beyond what I can do myself?

Jeff states, Well Windus you are the financial planner so I will let you respond.

Windus responds.

Windus states:

Sanjay from Sunnyvale, California asks: My CPA who I have been going to for years has never told me that I had to report my foreign income. Now that I just learned that I have to report my foreign income and disclose my foreign bank accounts, do I accept my CPA’s offer to represent me in OVDP or do I hire you?

Taxpayers looking to come forward in the Offshore Voluntary Disclosure Program (OVDP) to report unreported foreign income and undisclosed foreign bank accounts would be best served by a tax attorney who was not involved in the preparation of the originally filed false tax returns. This is because the tax attorney does not have a conflict of interest and can present your case in the most favorable manner. This is especially important if you are looking to apply in the new Streamlined Procedures announced by the IRS. The best way to explain this is by example – if a great defense is that you relied on your tax preparer to tell you whether you had to report your foreign accounts and foreign income, do you think your tax preparer will put himself under the bus to save you from the IRS – chances are not. But proving non-willfulness on the new streamlined procedures is not based on one factor. We have identified over 50 factors to consider in building a case for a successful streamlined procedure submission. A tax attorney who had no involvement in the preparation of your past returns can make these arguments thus truly serving your best interests.

Jeff PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: Well we are reaching the end of our show.

Remember you can send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.

Windus states: Have a great day everyone!

Jeffrey B. Kahn, Esq. appears on the July 31st, 2015 Smarter San Diego TV Show

Topic: The IRS and their new #1 target for generating revenues – catching taxpayers with undisclosed foreign bank accounts.

Jeffrey B. Kahn, Esq. and Windus A. Fernandez Brinkkord Discusses Financial Planning With Robo-Advisers, Taxes and the IRS On ESPN Radio – August 14, 2015 Show

Topics Covered:

1. Surface Transportation And Veterans Health Care Choice Improvement Act of 2015 – Watch Out For The Hidden Tax Pitfalls!

2. Beware Of The Robo-Adviser!

3. IRS’ Summertime Tax Tips and what they mean for you.

4. Questions from our listeners:

a. I have been hearing a lot about ETF’s and always wondered what they are?

b. I just moved from Chicago to Los Angeles. How do I notify the IRS my address has changed?

********************************************

Jeff states: Yes sometimes we just have to take the money and run!

Good afternoon! Welcome to Inside Advantage – Your Financial And Tax Radio Show.

This is Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.

Windus states:

And this is Licensed Financial Planner, Windus A. Fernandez Brinkkord, Vice President Of Investments at Trilogy Financial Services.

You are listening to our weekly radio show where we talk everything about finances and taxes from the ESPN 1700 AM Studio in San Diego, California.

Jeff states:

When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!

Windus states:

And whether you are on the rebound or flying high, we have the information you need to make sound financial decisions and map out your strategy for success.

Jeff states:

Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into the KahnTaxLaw website at www.kahntaxlaw.com.

Jeff states:

For today’s show we have coming up:

Segment 2 material: Beware Of The Robo-Adviser!

Windus states:

Also coming up is:

Segment 3 material: our continuation of the IRS’ Summertime Tax Tips and what they mean for you.

And of course towards the end of our show, we will be answering some of your questions.

Jeff starts chit chat with Windus.

Surface Transportation And Veterans Health Care Choice Improvement Act of 2015 – Watch Out For The Hidden Tax Pitfalls!

Windus states: On July 31, 2015, President Obama signed into law the Surface Transportation And Veterans Health Care Choice Improvement Act of 2015 (H.R. 3236). While getting any legislation through Congress nowadays is momentous, this Act is no different from many others whereby Congress is faced with a funding expiration (in this case maintaining our highways) and instead of passing something that is long term, they merely pass a “stop-gap” measure which will require them to revisit this issue much sooner. In the case of this Act that will be October 29, 2015.

Jeff states: The difficulty that Congress faces each time it must pass legislation to fund something, it must find a revenue source to pay for it. No lawmaker (either Democrat or Republican) wants to fund the cost by raising taxes so instead lawmakers find more creative ways to generate the additional revenues without having to call it a tax increase. Usually, this is done by limiting tax deductions and phasing out tax benefits but in the case of this Act Congress turned to “tax compliance” measures for revenue. And over a 10 year period, these measures are projected to generate $5 billion in revenues.

Windus states: Commerce Clearing House (a publisher of tax information) recently issued a special report on the tax provisions that were included in this Act.

http://www.cchwebsites.com/content/pdf/tax_brief/us/2015_July_Highway-Bill_7-31-2015.pdf

Windus continues: We are going to point out a few of them that would have the greatest impact to most of us taxpayers.

Jeff states:

RETURN DUE DATES $314 million revenue raiser over 10 years.

Under the Act, the due date for partnerships to file Form 1065, U.S. Return of Partnership Income and Schedule K-1s, Partner’s Share of Income, will move from April 15th to March 15th. This will be the same filing deadline now in place for S corporations.

Windus states:

IMPACT. The shift to a March 15th deadline will better enable partners, like current S corporation shareholders, to receive their Schedules K-1 in time to report that information on their Form 1040 before its April 15th due date and thus hopefully avoid the need to file an extension. Thus having individual taxpayers file their tax returns sooner and pay sooner (which Congress can take credit as a revenue generator).

Jeff’s comment:

1. Taxpayers will still likely avail themselves of filing an extension even though they may have all the information needed to file their Form 1040 by April 15th especially if they will end up owing with their tax return. That surely goes against the perception that there would be less extensions if all Schedule K-1’s have to be issued by March 15th.

Windus states:

When is the change effective:

The changes to the filing deadlines are generally applicable to returns for tax years beginning after December 31, 2015. For calendar-year taxpayers, that means the new deadlines will first apply to the 2016 tax returns filed in 2017.

Jeff’s comment:

1. Taxpayers and their tax professionals will still utilize extensions to avoid missing deadlines and for tax professionals help even out the workflow.

Jeff states:

REPORTING OF FOREIGN BANK ACCOUNTS

The Act also aligns the FBAR (Report of Foreign Bank and Financial Accounts) due date with the due date for individual returns, moving it from June 30th to April 15th.

There has been a lot of publicity surrounding foreign bank accounts over these last few years especially since Congress passed into law the Foreign Account Tax Compliance Act (“FATCA”) in 2010.

If you have foreign accounts that in the aggregate topped $10,000.00 at any time during the year, you must electronically file a return called a FinCEN Form 114. This filing must be taken very seriously as the penalties are substantial and could involve criminal prosecution. Just by failing to timely file an FBAR, you can be hit with a $10,000.00 penalty – per violation (that is per account!).

Windus states:

IMPACT. Under prior law no extension was available for the June 30th deadline and your Form 1040 extension did not apply to the FBAR. Although the Act makes the FBAR due earlier than under prior law, it now has a filing date that is the same as individual income tax returns and you can now get an extension of time to file this return.  The Act allows a maximum six-month extension for filing this information return to October 15th.

Jeff’s comments:

1. Putting the filing obligations of the FBAR on the same parity as income tax returns makes good sense. Helps taxpayers maintain compliance and add the flexibility of providing more time if needed.

Windus states:

When is the change effective:

Applies for FBAR’s for taxable years beginning after December 31, 2015.   This means that Form 114 for the 2016 calendar year will be the first year impacted by this new rule.  The Form 114 due for the 2015 calendar year will still be due June 30, 2016. The Form 114 due for the 2016 calendar year will be due April 15, 2017.

Jeff’s comments:

1. Given the change in the law effective with the 2016 FBAR, I would not be surprised if the IRS were to issue regulations that would waive late-filing penalties of 2015 FBAR’s due June 30, 2016 where a taxpayer filed an extension for the 2015 Form 1040 and filed both the 2015 Form 1040 and 2015 FBAR by October 15, 2016. Of course, we will keep you informed if the IRS should implement this.

Jeff states:

MORTGAGE REPORTING $1.8 billion revenue raiser over 10 years

Under current law, mortgage servicers are generally required to report to the IRS (Form 1098, Mortgage Interest Statement) how much you pay in mortgage interest each calendar year. The Act imposes additional reporting, including the amount of the outstanding principal balance, the address of the property, and the loan origination date.

Jeff states:

IMPACT. The modifications are intended to boost compliance but also impose new burdens on mortgage servicers.

Jeff’s comments:

1. With this additional information reported to IRS, the IRS computers can run additional analytics on each tax return to uncover tax returns that are suspect in overstating mortgage interest deductions.

Jeff states:

When is the change effective:

To give mortgage servicers time to reprogram their systems for the new reporting requirements, the Act will apply to returns and statements the due date for which (determined without regard to extensions) is after December 31, 2016.

Jeff states:

SIX-YEAR LIMITATION PERIOD FOR OVERSTATEMENT OF BASIS $1.2 billion revenue raiser over 10 years

In UNITED STATES v. HOME CONCRETE & SUPPLY, LLC, 132 S. Ct. 1836, a tax case decided by the U.S, Supreme Court in 2012, the Court held that an overstatement of basis does not result in an omission of income for extended statute of limitations (SOL) purposes.

Windus states:

In plain language that means that unless you understate your income on your tax return, the IRS has only three years to select it for audit.

Jeff states:

Well now the Act provides that the six-year limitations period applies where any overstatement of basis results in substantial omission (in excess of 25%) of gross income stated in the return.

Windus states:

When is the change effective:

This legislative override of the Supreme Court’s decision in Home Concrete is effective for all returns for which the normal assessment period remained open as of the date of enactment (July 31, 2015), and for returns filed after that date.

Jeff’s comments:

1. This is a great example of what happens when the IRS looses in Court – they go to Congress and have the law changed!

2. Under Code Sec. 6501(a), the IRS ordinarily must assess a deficiency against a taxpayer within three years after the return is filed. Code Sec. 6501(e) (1)(A) extends the three-year period to six years if a taxpayer “omits from gross income an amount properly includible therein” which exceeds 25% of the amount of gross income shown on the return.

3. Until now, overstating basis so that you have less income to report was only subject to the standard three-year statute for audit – now it is 6 years.

4. But still if you overstate your deductions and accurately reported your income, the statute remains at 3 years that the IRS has to audit your return.

Windus states:

AND FOR THOSE ITEMS THAT DID NOT MAKE IT INTO THE ACT…

Now there were controversial amendments that lawmakers tried to push through to get into Act and for good reason they did not make it into the final version.

1. Allow the IRS to reinstate the use of non-government bill collectors to collect tax debts.

Jeff comments.

2. Allow the State Department to revoke or deny a U.S. passport if you have unpaid taxes.

Jeff comments.

Well it’s time for a break but stay tuned because if you are looking to start some financial planning we are going to tell you about Robo-Advisers.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Beware Of Robo Advisor!

Jeff asks Windus: Until you brought this up to me, I never heard of a Robo Advisor. What is this?

Windus replies: It is computer generated financial planning.  Essentially, you work through an online portal, typically, to set up the account and investments and utilize mostly ETF strategies.

This was something I found discussed in the August 9, 2015 edition of the Wall Street Journal. http://www.wsj.com/articles/why-investing-robots-dont-march-the-same-1439172128.

The Article goes on to state what I consider to be the best description for what/how a Robo-Advisor attempts strategic asset allocation. You know that in rolling periods of the markets, sometimes active managers win and sometimes Index strategies win.  We are coming out of a period in time where the index strategy likely would have been better.

It is my belief, this is creating energy around the Robo-Advisor concept, but that this will not ultimately best serve most clients.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Jeff asks: So what are the advantages of Robo-Advisors?

Windus replies:

1. Less in costs.

2. Designed by experts in behavioral finance. 

3. They are over seen by professionals with years of experience and diversified typically using modern portfolio theory.

4. Eliminates conflicts of interest between what is being recommended to the client.

Jeff asks: So what are the disadvantages of Robo-Advisors?

Windus replies:

1. Ultimately somewhere a person is deciding the one plan fits all. 

2. How do you know that this is really what is in your best interest?

3. Mutual fund companies allow you to do this online directly with them, without the additional fee of the robo-advisers firm.  Obviously only utilizing their funds though.

4. A financial advisor bases advice on someone’s goals and risk tolerance, but also their needs.  When these are not aligned, they can talk to the client about how to over come this.

Jeff asks: So what is the big picture that people should see here?

Windus replies:

Positive over all:  it is better that someone is working with someone, Robo-adivsor or not, to build wealth and take an interest in their long term plan.

Eventually, if you feel like you need more advice, you are not stuck on the robo-adivsor platform.  You aren’t stuck with an advisor either. 

The best thing to do is think about what your needs are before you make a decision on which route to go.

1.  Do you have complex needs for full service financial planning?

2.  Do you need accountability to save and encouragement to stay the path in volatility

3.  Do you need help understanding what you are buying and if you should be taking more risk or less risk on specific goals. 

Just like traditional financial advisers, not all Robo-Advisor firms are the same.  Make sure you interview and go with a route that you are really comfortable with.

Robo Advisor doesn’t replace your financial advisor. It is simply another route or option that may be good for you to explore.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

Stay tuned because after the break we have Amy Spivey joining in to tell you some important summertime tax tips that can help you avoid tax problems with IRS.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Calling into the studio from my Walnut Creek Office is my associate attorney, Amy Spivey.

Chit chat with Amy

Jeff states:

Starting July 1st, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Tax Tip subscribers receive a new Tip via email three times a week during July and August. They also get a Tax Tip each weekday during the tax filing season. The IRS also issues Special Edition Tax Tips on important tax topics throughout the year. Taxpayers can sign up for the IRS Tax Tips subscription through a free service on www.irs.gov. For this segment we have pulled some of these tips which we want to share with you and add our comments to them.

Jeff states: And like Windus talked earlier about Robo-Adviser in the financial planning industry, it looks like IRS is trying to establish the same for taxes.

IRS Summertime Tax Tip 2015-17, August 10, 2015 IRS Offers Easy-to-Use Online Tools

Amy states: That’s true. The main reason IRS is doing this is to alleviate the need to maintain higher levels of staff at IRS walk-in centers and call centers to answer questions and instead devote those personnel to enforce the tax laws.

Windus states: Well I would also guess that as a matter of convenience, it would be a lot easier to look something up on line whenever you have the time then drive to a distant IRS office and wait in line or be put on hold on the phone for hours.

Amy states: And in that spirit when you need tax help, the IRS has many online tools that are easy to use. You can e-file your tax return free, check your refund’s status or get your tax questions answered. 

Jeff asks: So what are some of the most popular self-help tools that taxapyers have used to get free tax help?

Amy replies: Well there are 4 tools that I find most useful in an on-line environment:

  • IRS Free File.  You can use IRS Free File to prepare and e-file your federal tax return for free. Free File will do much of the work for you with brand-name tax software or Fillable Forms. If you still need to file your 2014 tax return, Free File is available through Oct. 15. The only way to use IRS Free File is through the IRS website.
  • Where’s My Refund?  Checking the status of your tax refund is easy when you use Where’s My Refund? You can also use this tool with the IRS2Go mobile app.
  • Direct Pay.  Use IRS Direct Pay to pay your tax bill or pay your estimated tax directly from your checking or savings account. Direct Pay is safe, easy and free. The tool walks you through five simple steps to pay your tax in one online session. You can also use Direct Pay with the IRS2Go mobile app.
  • IRS Select Check.  If you want to deduct your gift to charity, the organization you give to must be qualified. Use the IRS Select Check tool to see if a group is qualified.

Jeff states: Now if you have a tax problem, there likely is not a Robo-Adviser App that will be able to provide you with a solution which is why…

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

IRS Summertime Tax Tip 2015-12, July 29, 2015 – Tips on Travel While Giving Your Services to Charity

Jeff states: Do you plan to donate your services to charity this summer? Will you travel as part of the service? If so, some travel expenses may help lower your taxes when you file your tax return next year.

Amy states: Here are several tax tips that you should know if you travel while giving your services to charity.

• Qualified Charities.  In order to deduct your costs, your volunteer work must be for a qualified charity. Most groups must apply to the IRS to become qualified. Churches and governments are qualified, and do not need to apply to the IRS. Ask the group about its IRS status before you donate.

Windus asks: Amy, how do you know if the organization is a qualified charity and continues to be one when you make your donation?

Amy replies: The IRS used to have to publish a book listing all the qualified charities. Now though you can also use the Select Check tool on IRS.gov to check the group’s status.

Jeff states: Now giving up your time no matter how valuable is not deductible but what about any associated costs?

Amy replies:

• Out-of-Pocket Expenses.  You may be able to deduct some costs you pay to give your services. This can include the cost of travel. The costs must be necessary while you are away from home giving your services for a qualified charity. All  costs must be:

o Unreimbursed,

o Directly connected with the services,

o Expenses you had only because of the services you gave, and

o Not personal, living or family expenses.

Windus asks: So if I am planning a trip to Central America and happen to visit an orphanage for a day, can I write off the cost of trip as a charitable expense?

Amy replies:

• Genuine and Substantial Duty.  Your charity work has to be real and substantial throughout the trip. You can’t deduct expenses if you only have nominal duties or do not have any duties for significant parts of the trip.

Jeff asks: But if your trip does involve a genuine and substantial duty of charitable service, what can you deduct?

Amy replies:

• Deductible travel.  The types of expenses that you may be able to deduct include:

o Air, rail and bus transportation,

o Car expenses,

o Lodging costs,

o The cost of meals, and

o Taxi or other transportation costs between the airport or station and your hotel.

• Nondeductible Travel.  Some types of travel do not qualify for a tax deduction. For example, you can’t deduct your costs if a significant part of the trip involves recreation or a vacation.

Jeff states, so important to know how far you can push envelope and where you pushed it to far, you need to get with …

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Amy for calling into the show. Amy says Thanks for having me.

Stay tuned as we will be taking some of your questions. You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back. This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord. The number to call is 858.314.5169. That is 858.314.5169.

You should also know that the securities and advisory services are offered through National Planning Corporation (NPC) Member FINRA, SIPC, and a Registered Investment Advisor.  Trilogy Financial Services and NPC are separate and unrelated Entities.

Jeff states: If you would like to post a question for us to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”. You can then enter your question and maybe it will be selected for our show.

OK Windus, what questions have you pulled for us to answer?

Nancy from Oceanside asks: I have been hearing a lot about ETF’s and always wondered what they are?

Jeff states, I think that is a great question for Windus to answer so I will let you respond. Windus responds.

Eric from Los Angeles asks: I just moved from Chicago to Los Angeles. How do I notify the IRS my address has changed?

Jeff replies: Well, Eric welcome to Southern California! There are different ways to let the IRS know you moved and its important that the IRS has your current address. First if the IRS needs to send you a refund check, you want to make sure it is going to the right address so it is not delayed. Second, if the IRS is sending out notices because you owe the IRS, you don’t want those to go unanswered especially if there is some limited right to appeal that runs from the date of the letter not from when you decide to accept the letter and read it.

So to change your address with IRS:

1. Do it through a tax return filing – Use your new address on your tax return.

2. Even better – use Form 8822, Change of Address, which can be filed at any time.

3. Alternatively to using Form 8822, send the IRS a signed written statement with your:

  • full name
  • old address
  • new address
  • Social Security number (or individual taxpayer identification number or employer identification number)

Mail your statement to the address where you filed your last return

4. Orally you can call IRS and if you get through to someone after they verify your identity, you can tell them the new address.

5. There is only one way to notify an address change via electronic notification and that is if your refund check was returned to IRS you can use the Where’s My Refund? Tool to complete your change of address online.

Remember, if you filed a joint return, you should provide the same information and signatures for both spouses. Also, if you filed a joint return and you and/or your spouse have since separated, you both should notify the IRS of your new addresses.

Jeff PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: Well we are reaching the end of our show.

Remember you can send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.

Windus states: Have a great day everyone!

Jeffrey B. Kahn, Esq. and Windus A. Fernandez Brinkkord Discusses Undisclosed Foreign Bank Accounts, Designating Beneficiaries On Your Investments and IRS Tax Planning Tips On ESPN Radio – August 7, 2015 Show

Topics Covered:

  1. U.S. Taxpayers Renouncing Citizenship Due To FATCA.
  2. The importance of naming a proper beneficiary AND contingent beneficiary for certain types of assets.
  3. IRS’ Summertime Tax Tips and what they mean for you.
  4. Questions from our listeners:
  • I have been hearing a lot about hedge funds and always wondered what they are?
  • I am a U.S. citizen and reside in Mexico. I have filed U.S. returns annually, however I may have omitted some income or annually, however I may have omitted some income or computed income incorrectly and omitted one or more international information returns. Can I rectify the issues with the streamlined program?

*******************************************

Jeff states: Yes sometimes we just have to take the money and run!

Good afternoon! Welcome to Inside Advantage – Your Financial And Tax Radio Show.

This is Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.

Windus states:

And this is Licensed Financial Planner, Windus A. Fernandez Brinkkord, Vice President Of Investments at Trilogy Financial Services.

You are listening to our weekly radio show where we talk everything about finances and taxes from the ESPN 1700 AM Studio in San Diego, California.

Jeff states:

When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!

Windus states:

And whether you are on the rebound or flying high, we have the information you need to make sound financial decisions and map out your strategy for success.

Jeff states:

Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into the KahnTaxLaw website at www.kahntaxlaw.com.

Jeff states:

For today’s show we have coming up:

Segment 2 material: the importance of naming a proper beneficiary AND contingent beneficiary for certain types of assets.

Windus states:

Also coming up is:

Segment 3 material: our continuation of the IRS’ Summertime Tax Tips and what they mean for you.

And of course towards the end of our show, we will be answering some of your questions.

Jeff starts chit chat with Windus.

U.S. Taxpayers Renouncing Citizenship Due To FATCA.

Windus states: CNN Money reported in article on May 8, 2015 http://money.cnn.com/2015/05/08/pf/taxes/american-expats-passports-renounce/index.html?iid=SF_LN

that a record 1,335 Americans in the first quarter of 2015 gave up their passports. The article goes on to state that’s nearly 40% of the 3,415 Americans that renounced citizenship last year, suggesting that U.S. renunciations will again hit a new high this year. In 2014, the number of Americans who gave up their passport was 15 times higher than in 2008.

Jeff you brought this to my attention so I suspect that this has something to do with taxes.

Jeff replies, that’s right and it’s called FATCA.  The Foreign Account Tax Compliance Act which became law in 2010 and as of 2014 is in full effect.

Talking Points – Windus to state the point and Jeff will comment:

  1. U.S. taxes worldwide income of its citizens, green card holders and others having a “substantial presence” in the U.S.
  1. Foreign banks now have the same reporting obligations as U.S. banks. Failure to comply results in a 30% withholding tax on U.S. investments.
  1. U.S. taxpayers who fail to report foreign income and foreign account face steep penalties and could face criminal prosecution.
  1. Just for failing to report a foreign bank account could result in a minimum $10,000.00 penalty.
  1. Fortunately the IRS has programs in place that if your are proactive and come forward before the IRS finds you, you can avoid criminal prosecution and save a lot in penalties – in some cases even avoid penalties.

Well it’s time for a break but stay tuned because we are going to tell you the importance of naming a proper beneficiary AND contingent beneficiary for certain types of assets.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Welcome back.  This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

The importance of naming a proper beneficiary AND contingent beneficiary for certain types of assets.

Jeff states: Windus you saw an article published on July 29th in the Wall Street Journal titled “Avoid a Big Tax Hit by Properly Naming Beneficiaries” which caught your attention. http://www.wsj.com/article_email/avoid-a-big-tax-hit-by-properly-naming-beneficiaries-1438171200-lMyQjAxMTI1NTA5MTYwMDEyWj

And the article does point out the importance of naming a proper beneficiary AND contingent beneficiary for certain types of assets.

Jeff asks Windus: What assets would qualify and need a beneficial designation?

Windus Response.

Jeff asks Windus: What happens if you fail to designate a beneficiary?

Windus Response includes it triggered both a probate and issues on the transfer of assets.
Windus tells story:

A brief story about a husband and wife, in their 90’s, husband dies and because he didn’t add his wife to his brokerage account after over 60 years of marriage, the account triggered a probate. Wife dies before probate is over. Family struggles with 3 years of probate courts and thousands of costs in fees.

Jeff asks: How do you avoid this?

Windus reply includes: Ways to avoid this, name a spouse as a beneficiary, even in non-retirement assets.  You can do so by titling the account as a transfer on death account if you didn’t want their name on the account itself. Having a family trust and having the account properly titled in that trust.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord.  The number to call is 858.314.5169. That is 858.314.5169.

Windus tells second story:
Mom has a trust and an IRA, attorney has her list dad as the beneficiary on the IRA but mom doesn’t add the trust as the contingent.  Now dad passes away and then mom passes away years later.  Beneficiaries are not updated and therefore, the IRA goes to probate.

In the end, the probate court puts the IRA in the Trust and the trust forces liquidation of this and taxes are paid all at once.  When beneficiaries are named properly, you can avoid needless taxes from being paid.

In a beneficial IRA, you can either keep the IRA going with RMD’s and it can grow and be a part of your long term plan OR you can liquidate it over 5 years.

In either situation, you can further reduce the costs to you in terms of taxes.

Jeff asks Windus:  What considerations should someone think about in whom to designate as a beneficiary?

Windus response.

Jeff asks Windus:  After the owner of the asset dies or in case of an insured on an insurance policy dies, normally a beneficiary can come in and claim the asset or the death benefit and they have no restriction on what to do with it.  For someone who has this concern, what can be done?
Windus response.

Jeff asks Windus:  Discuss the flexibility of setting up a trust as the beneficiary versus individuals.

Windus response.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord.  The number to call is 858.314.5169. That is 858.314.5169.

Stay tuned because after the break we have Amy Spivey joining in to tell you some important summertime tax tips that can help you avoid tax problems with IRS.

You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back.  This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Calling into the studio from my Walnut Creek Office is my associate attorney, Amy Spivey.

Chit chat with Amy

IRS Summertime Tax Tips

Starting July 1st, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Tax Tip subscribers receive a new Tip via email three times a week during July and August. They also get a Tax Tip each weekday during the tax filing season. The IRS also issues Special Edition Tax Tips on important tax topics throughout the year.  Taxpayers can sign up for the IRS Tax Tips subscription through a free service on www.irs.gov. For this segment we have pulled some of these tips which we want to share with you and add our comments to them.

IRS Summertime Tax Tip 2015-11, July 27, 2015 – No Need to Wait Until Oct. 15 Extension Deadline to File

October 15th is the last day to file 2014 tax returns for most people who requested an automatic six-month extension. However, you can file any time before October 15th if you have all your required tax documents. If you are one of the nearly 13 million taxpayers who asked for more time to file your federal tax return this year, you don’t need to wait until Oct. 15 extension deadline to file your return. You can file now if you are ready.

Amy states: As you prepare to file, here are some things that the IRS in this tip wants you to know:

Using IRS Free File.  Even though it is after April 15th, nearly everyone can use e-file their tax return for free through IRS Free File. It does the math, checks to see if you qualify for tax breaks that you might miss, and it works best for those who are used to doing their own taxes. The program is available on IRS.gov now through Oct. 15th.

Jeff states: The IRS claims that IRS e-file is easy, safe and the most accurate way to file your taxes. Also that E-file you get all the tax benefits that you are entitled to claim. That may be so if your return is simple but if you are self-employed, have rental properties or other investments, I would recommend that you see a tax professional to make sure you are getting all the tax benefits you are entitled to claim.

Amy states: A Refund May be Waiting.  If you are due a refund, you should file as soon as possible to get it.

Jeff states: I agree.  It’s your money and you should be earning the interest not the IRS.

Amy states: Try Easy-to-Use Tools on IRS.gov.  Use the EITC Assistant to see if you’re eligible for the credit. Use the Interactive Tax Assistant tool to get answers to common tax questions, including new Health Care Law topics. Use these interactive tools to find out if you’re eligible to claim the premium tax credit, qualify for an exemption or if you must make a payment.

Jeff states: Due to budget cuts over the years, the IRS has had to rely on beefing up its on-line resources so that taxpayers looking for self-help can find answers on their own instead of speaking with IRS representatives.  It does not hurt to try this resource but if your situation is not simple or the IRS has not covered it, you would be best served by seeking out a tax professional.

Amy states: Missed the April 15th Deadline? File as Soon as You Can. If you did not request an extension by April 15, you should file and pay as soon as you can anyway. This will stop the interest and penalties that you will owe. IRS Direct Pay offers you a free, secure and easy way to pay your tax directly from your checking or savings account. There is no penalty for filing a late return if you are due a refund. The sooner you file, the sooner you’ll get it.

Jeff states: The IRS charges a late-filing penalty of 10% where that return shows a balance due.  Now if you can show reasonable cause, the penalty may be abated.

Amy states: More Time for the Military.  Some people have more time to file. This includes members of the military and others serving in a combat zone. If this applies to you, you typically have until at least 180 days after you leave the combat zone to both file returns and pay any taxes due.

Jeff states: There are special tax breaks for members of the military through the tax code which provides all the more reason for taxpayers in the military and even us regular folk to find out what are your options and what tax benefits are you entitled to.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment.  Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

IRS Summertime Tax Tip 2015-14, August 3, 2015 – Back-to-School Education Tax Credits

Jeff states: If you, your spouse or a dependent are heading off to college in the fall, some of your costs may save you money at tax time. You may be able to claim a tax credit on your federal tax return. Here are some key IRS tips that you should know about education tax credits:

Jeff to read each credit and Amy to describe.

  • American Opportunity Tax Credit. The AOTC is worth up to $2,500 per year for an eligible student. You may claim this credit only for the first four years of higher education. Forty percent of the AOTC is refundable. That means if you are eligible, you can get up to $1,000 of the credit as a refund, even if you do not owe any taxes.
  • Lifetime Learning Credit.  The LLC is worth up to $2,000 on your tax return. There is no limit on the number of years that you can claim the LLC for an eligible student.

Jeff asks Amy: Can someone claim both types of credits?

Amy replies:  You can claim only one type of education credit per student on your tax return each year. If more than one student qualifies for a credit in the same year, you can claim a different credit for each student. For instance, you can claim the AOTC for one student, and claim the LLC for the other.

Jeff asks Amy: What expenses qualify for the credit?

Amy replies:  Qualified expenses are amounts paid for tuition, fees and other related expense for an eligible student that are required for enrollment or attendance at an eligible educational institution. You must pay the expenses for an academic period that starts during the tax year or the first three months of the next tax year.

Eligible expenses also include student activity fees you are required to pay to enroll or attend the school. For example, an activity fee that all students are required to pay to fund all on-campus student organizations and activities.

For AOTC only, expenses for books, supplies and equipment the student needs for a course of study are included in qualified education expenses even if it is not paid to the school. For example, the cost of a required course book bought from an off-campus bookstore is a qualified education expense.

Jeff states: In most cases, you should receive Form 1098-T, Tuition Statement, from your school by February 1, 2016. This form reports your qualified expenses to the IRS and to you.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment.  Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Amy for calling into the show.  Amy says Thanks for having me.

Stay tuned as we will be taking some of your questions. You are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord on Inside Advantage on ESPN.

BREAK

Jeff states: Welcome back.  This is Inside Advantage – Your Financial And Tax Radio Show on ESPN and you are listening to Board Certified Tax Attorney, Jeffrey B. Kahn, and Licensed Financial Planner, Windus A. Fernandez Brinkkord.

Windus PLUG: Trilogy Financial Services will provide you with a retirement cash flow analysis which is a $600.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment. Call my office to make an appointment to meet with me, Windus A. Fernandez Brinkkord.  The number to call is 858.314.5169. That is 858.314.5169.

You should also know that the securities and advisory services are offered through National Planning Corporation.(NPC) Member FINRA, SIPC, and a Registered Investment Advisor.  Trilogy Financial Services and NPC are separate and unrelated Entities.

Jeff states: If you would like to post a question for us to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”.  You can then enter your question and maybe it will be selected for our show.

OK Windus, what questions have you pulled for us to answer?

Sam from Carlsbad asks:  I have been hearing a lot about hedge funds and always wondered what they are?

Jeff states, I think that is a great question for Windus to answer so I will let you respond.  Windus responds.

Carlos from San Diego asks: I am a U.S. citizen and reside in Mexico. I have filed U.S. returns annually, however I may have omitted some income or annually, however I may have omitted some income or computed income incorrectly and omitted one or more international information returns. Can I rectify the issues with the streamlined program?

Jeff replies: The Streamlined Foreign Offshore Procedure is extended to amended returns for the 3 year period. The amended return feature is important as filing omissions such as the failure to include items in income or file various international information returns can come now under Streamlined Foreign Offshore Procedure without having to demonstrate a reasonable cause defense. The Streamlined Foreign Offshore Procedure is also extended to those who previously filed as a “quiet disclosure” outside of any amnesty program.

Jeff PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the Inside Advantage Radio Show when you call to make an appointment.  Call my office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Jeff states: Well we are reaching the end of our show.

Remember you can send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.

Windus states: Have a great day everyone!

Jeffrey B. Kahn, Esq. Discusses Budgeting, Taxes and the IRS On ESPN Radio – July 31, 2015 Show

Topics Covered:

  1. IRS Action – Civil Forfeitures: The Carole Hinders Story.
  2. How To Get Your Family Budget Started And Maintain Success.
  3. IRS Summertime Tax Tips:
  • Tax Tips for Students with Summer Jobs
  • Include a Few Tax Items in Your Summer Wedding Checklist

4.Questions from our listeners:

  • Why does the IRS file tax liens?
  • How Does A Tax Lien Impact You?
  • How long should I keep my tax papers?

Yes we are all working for the tax man!

Good afternoon! Welcome to the KahnTaxLaw Radio Show

This is your host Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.

You are listening to my weekly radio show where we talk everything about taxes from the ESPN 1700 AM Studio in San Diego, California.

When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!

It is my objective to make you smarter so that you legally pay the least tax as possible, avoid tax problems and be aware of the strategies and solutions if you are being targeted by the IRS or any State tax agency.

Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into our website at www.kahntaxlaw.com.

I have a lot to cover today in the world of taxes and helping me out will be my associate attorney Amy Spivey who will be calling in later.

And in the studio with me I have a special guest.  I want to introduce you to Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Chit chat with Windus.

Jeff states so today’s top story is:

How The IRS Turned Carole Hinders’ Life Upside Down.

A restaurant owner in northwest Iowa has landed in the national news spotlight over her fight with the federal government. Carole Hinders who at the time was 67 years old and a grandmother has operated Mrs. Lady’s Mexican Food in Arnolds Park, Iowa for 38 years.

Nowadays it is most notable for a small business to be in operation for 38 years – especially if it is a restaurant which we all know “come and go”.  Even more notable for Ms. Hinders was that she was always in full compliance with her tax obligations.  But despite her clean tax record, on May 22, 2013 while settling into a crossword puzzle with her grandchildren she was visited at her home by a pair of IRS agents who stated that they had closed her business bank account and seized all her money, which at the time was almost $33,000.

Windus asks:  Jeff if she did not owe any taxes to the IRS, how could this have happened?

Jeff continues: True she did not have any outstanding liability to the IRS.  The problem though is that Ms. Hinders’ restaurant only accepts cash so Ms. Hinders makes frequent trips to the bank to avoid having large sums of money on the business’ premises.

As part of the federal government’s dragnet surveillance of the civilian population, everyone’s banking activities are monitored for “red flag” activities. Under the Bank Secrecy Act of 1970, banks are required to report to the IRS transactions on every individual who deposits or withdraws more than $10,000 in cash to or from a personal bank account on a given day. These reports indicate the financial activities that took place and include the individual’s bank account number, name, address, and social security number.

People who know of this law and are seeking to avoid this level of reporting by the bank will often go to great lengths to make multiple deposits so that no single deposit will be greater than $10,000.  This tactic is called “structuring”.  The IRS thinking that Ms. Hinders was making small deposits to evade this reporting requirement used its civil forfeiture power to seize Ms. Hinders’ bank account and close down her business.

That’s right – federal law enforcement agencies are invested with the power of civil forfeiture whereby the agency can take cash, cars and other property without charging the property owner with a crime. The property owner need not receive any advance warning or notice before the assets are seized by the federal government.  The government need not prove that a person is guilty of a crime – only that he or she is suspected of committing a crime. This law was designed to catch terrorists, money launderers, drug lords and serious criminals – but it can also be used by the government against law-abiding businesses.

Ms. Hinders said she received no warning from either her bank or the government before her money was taken.  The reason that the federal government does not have to read you your rights, or advise you that you can have a lawyer, or do any of the things that the constitution is supposed to provide, is that they don’t charge the person with the crime, they charge your money with the crime.

Since then, she’s had to borrow money and use credit cards to pay bills and keep her restaurant in business.  But Ms. Hinder was not stopping there – she knew she didn’t do anything wrong and did not owe anything to the IRS. But yet the IRS took her money so Ms. Hinders’ decided she was going to fight the IRS.

The Battle Against IRS Begins

Remember Ms. Hinders was never accused of any crime. The Mexican restaurant she owned, Mrs. Lady’s, did not accept credit cards, and she regularly deposited earnings in a bank branch a block away.

Ms. Hinders wasn’t using the money for illegal purposes. Her business doesn’t accept credit cards and the law fails to provide provisions for small businesses with limited cash flow. Ms. Hinders frequently deposited money in order to keep it safe in the bank.

But yet the government was treating Ms. Hinders like a criminal, just for running an honest cash business.
She hired an attorney to sue the IRS and regain her property.  In civil forfeiture cases, the government must file lawsuits “against” property or cash in order to keep it. This one was called United States of America v. $32,820.56 in United States Currency (Case No. 2013-CV-4102).  This lawsuit was filed in Federal District Court for the Northern District of Iowa.  Eventually Ms. Hinders was deposed and it then became clear that Ms. Hinders was an innocent and hardworking taxpayer.  The Assistant United States Attorney on the case had then informed the IRS that they should not go forward with the case.  The IRS agreed and the case was dismissed but without prejudice – meaning that the government can file another action in the future to get Hinders’ money if the court grants its motion.

Windus asks: Are There Any Safeguards In Place For The IRS To Follow So Things Like This Do Not Happen?

Critics say the IRS rarely investigates such cases to see if the business owner has legitimate reasons for making small deposits.

Seizing assets without criminal charges is legal under a controversial body of law that allows law enforcement agents to seize cars, cash and other valuables they believe are tied to criminal activity. The burden of proof falls on owners seeking the return of their property.

There is nothing illegal about depositing less than $10,000 cash unless it is done specifically to evade the reporting requirement.

The IRS made 639 of these seizures in 2012, compared to 114 in 2005. And only one in five was prosecuted as a criminal case. So you are probably thinking was the money from the other 80% of cases returned to its rightful owners?

Well it’s time for a break but stay tuned because if you seem to find it difficult to make a family budget my guest Windus A. Fernandez Brinkkord has some important information and tips that can make this easier for you.

You are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team on the KahnTaxLaw Radio Show on ESPN.

BREAK

Welcome back.  This is KahnTaxLaw Radio Show on ESPN and you are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team.

And in the studio with me I have as my special guest Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Chit chat with Windus.

How To Get Your Family Budget Started And Maintain Success.

Jeff asks questions, Windus responds:

  1. What is the best baby step to starting your family budget?

Windus response includes: start with a spreadsheet to brainstorm.

  1. What are some banks that have good tools for you to utilize if you bank with them?

Windus response includes: Wells Fargo, USAA, & AMEX

Jeff states:  By the way, Windus is a licensed financial planner who can help you plan for financial success and she is offering a special offer to our listeners.  Her firm Trilogy Financial Services will provide you with an Investment Audit which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment. The number to call is 858.314.5169. That is 858.314.5169 for your free investment audit by Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Jeff asks questions, Windus responds:

  1. What sites can you go to in order to help you budget and stay on top of it and what are the differences?

Windus response includes: YNAB.com & mint.com.

  1. What are the best tools to pay down your debt?

Windus response includes:  bankrate.com or vertex42.com

  1. Should you consolidate your credit card debt to a fixed pay off and fixed interest rate?
  1. What is crowd funding and how good of a resource is this really?

Windus response includes: New crowd funding out there, lendingclub.com prosper.com lightstream.com

Jeff states:  Windus is offering a special offer to our listeners.  Her firm Trilogy Financial Services will provide you with an Investment Audit which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment. The number to call is 858.314.5169. That is 858.314.5169 for your free investment audit by Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Stay tuned because after the break we are going to tell you some important summertime tax tips that can help you avoid tax problems with IRS.

You are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team on the KahnTaxLaw Radio Show on ESPN.

BREAK

Welcome back.  This is KahnTaxLaw Radio Show on ESPN and you are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team.

And in the studio with me I have as my special guest Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Calling into the studio from my Walnut Creek Office is my associate attorney, Amy Spivey.

Chit chat with Amy

IRS Summertime Tax Tips

Starting July 1st, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Tax Tip subscribers receive a new Tip via email three times a week during July and August. They also get a Tax Tip each weekday during the tax filing season. The IRS also issues Special Edition Tax Tips on important tax topics throughout the year.  Taxpayers can sign up for the IRS Tax Tips subscription through a free service on www.irs.gov. For this segment we have pulled some of these tips which we want to share with you and add our comments to them.

Tax Tips for Students with Summer Jobs. IRS Special Edition Tax Tip 2015-13, June 18, 2015

Jeff states: Students often get a job in the summer. If it’s your first job it gives you a chance to learn about work and paying tax. The tax you pay supports your home town, your state and our nation.

Amy states: Here are some tips students should know about summer jobs and taxes:

  1. Withholding and Estimated Tax.  If you are an employee, your employer withholds tax from your paychecks. If you are self-employed, you may have to pay estimated tax directly to the IRS on set dates during the year. This is how our pay-as-you-go tax system works.
  2. New Employees.  When you get a new job, you will need to fill out a Form W-4, Employee’s Withholding Allowance Certificate. Employers use it to figure how much federal income tax to withhold from your pay.
  3. Self-Employment.  Money you earn doing work for others is taxable. Some work you do may count as self-employment. These can be jobs like baby-sitting or lawn care. Keep good records of your income and expenses related to your work. You may be able to deduct (subtract) those costs from your income on your tax return. A deduction can cut taxes.
  4. Tip Income.  All tip income is taxable. Keep a daily log to report them. You must report $20 or more in cash tips in any one month to your employer. And you must report all of your yearly tips on your tax return.
  5. Payroll Taxes.  You may earn too little from your summer job to owe income tax. But your employer usually must withhold social security and Medicare taxes from your pay. If you’re self-employed, you may have to pay them yourself. They count for your coverage under the Social Security system.
  6. Newspaper Carriers.  Special rules apply to a newspaper carrier or distributor. If you meet certain conditions, you are self-employed. If you do not meet those conditions, and are under age 18, you may be exempt from social security and Medicare taxes.
  7. ROTC Pay.  If you’re in ROTC, active duty pay, such as pay you get for summer advanced camp, is taxable. A subsistence allowance you get while in advanced training is not taxable.

Jeff states: Amy’s mention that our tax structure is designed as a “pay-as-you-go” system is an important concept.  Because it is easy to fall behind and build up large liabilities, you could end up with big tax problems very quickly if you are not careful and diligent.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment.  Call our office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Include a Few Tax Items in Your Summer Wedding Checklist. IRS Special Edition Tax Tip 2015-14, June 29, 2015

Jeff states: If you’re preparing for summer nuptials, make sure you do some tax planning as well. A few steps taken now can make tax time easier next year.

Amy states: Here are some tips to help keep tax issues that may arise from your marriage to a minimum:

  1. Change of name.  All the names and Social Security numbers on your tax return must match your Social Security Administration records. If you change your name, report it to the SSA. To do that, file Form SS-5, Application for a Social Security Card. The easiest way for you to get the form is to download and print it on SSA.gov.
  2. Change tax withholding.  When you get married, you should consider a change of income tax withholding. To do that, give your employer a new Form W-4, Employee’s Withholding Allowance Certificate. The withholding rate for married people is lower than for those who are single. Some married people find that they do not have enough tax withheld at the married rate. For example, this can happen if you and your spouse both work so you may want to adjust the information on the Form W-4 so more tax is withheld.
  3. Changes in circumstances.  If you receive advance payments of the premium tax credit you should report changes in circumstances, such as your marriage, to your Health Insurance Marketplace. Other changes that you should report include a change in your income or family size. Advance payments of the premium tax credit provide financial assistance to help you pay for the insurance you buy through the Health Insurance Marketplace. Reporting changes in circumstances will allow the Marketplace to adjust your advance credit payments. This adjustment will help you avoid getting a smaller refund or owing money that you did not expect to owe on your federal tax return.
  4. Change of address.  Let the IRS know if you move. To do that, file Form 8822, Change of Address, with the IRS. You should also notify the U.S. Postal Service. You can change your address online at USPS.com.
  5. Change in filing status.  If you are married as of December 31, that is your marital status for the entire year for tax purposes. You and your spouse can choose to file your federal tax return jointly or separately each year. It is a good idea to figure the tax both ways so you can choose the status that results in the least tax.

Jeff states: Getting married is an important milestone and as I am certain that as you walk down the aisle the last thing you would be thinking about is taxes but after all the wedding festivities and honeymoon has passed, you should make sure you take care of this tax business early which should avoid future tax problems and keep your marriage happy.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment.  Call our office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Amy for calling into the show.  Amy says Thanks for having me.

Stay tuned as we will be taking some of your questions. You are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team on the KahnTaxLaw Radio Show on ESPN.

BREAK

Welcome back.  This is KahnTaxLaw Radio Show on ESPN and you are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team.

And in the studio with me I have as my special guest Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Jeff states: If you would like to post a question for me to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”.  You can then enter your question and maybe it will be selected for a future show.

OK Windus, so you have the honors of reading off this weeks questions for me to answer?

  1. John from San Francisco asks: Why does the IRS file tax liens?

A federal tax lien is the government’s legal claim against your property when you neglect or fail to pay a tax debt. The lien protects the government’s interest in all your property, including real estate, personal property and financial assets. A federal tax lien exists after the IRS:

  • Puts your balance due on the books (assesses your liability);
  • Sends you a bill that explains how much you owe (Notice and Demand for Payment); and

You:

  • Neglect or refuse to fully pay the debt in time.

The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.

  1. Windus asks: How Does A Tax Lien Impact You?

The lien will impact you in the following ways:

  • Assets — A lien attaches to all of your assets (such as property, securities, vehicles) and to future assets acquired during the duration of the lien.
  • Credit — Once the IRS files a Notice of Federal Tax Lien, it may limit your ability to get credit.
  • Business — The lien attaches to all business property and to all rights to business property, including accounts receivable.
  • Bankruptcy — If you file for bankruptcy, your tax debt, lien, and Notice of Federal Tax Lien may continue after the bankruptcy.
  1. Patricia from Woodland Hills asks, How long should I keep my tax papers?

At least three years, but six years is preferable. The IRS has three years after you file a tax return to complete an audit. For example, if you file your 2014 income tax return on or before April 15, 2015, keep those records until at least April 15, 2018.

The IRS can audit you for up to six years if it suspects that you underreported your income by 25% or more. If the IRS suspects fraud, there is no time limit for an audit, although audits beyond six years are extremely rare.

Keep records of purchases of real estate, stocks, and other investments for at least three years after the tax return reporting their sale was filed.  You will want to do the same for capital loss carryfowards and net operating loss carryforwards.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment.  Call our office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Windus for joining me today.  Windus says Thanks for having me.

Well we are reaching the end of our show.

You can reach out to me on Twitter at kahntaxlaw.  You can also send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.  That’s k-a-h-n tax law.com.

Have a great day everyone!

 

 

Jeffrey B. Kahn, Esq. Discusses Taxes, the IRS and Repaying Student Loans On ESPN Radio – July 24, 2015 Show

Topics Covered:

1.  Beware IRS Scam Calls Are Still Going On.

2.  Proposed Changes To Student Loan Repayments

3.  IRS Summertime Tax Tips

  • Don’t Overlook the Child and Dependent Care Tax Credit this Summer.
  • Tips to Help You Pay Your Tax Bill this Summer

4.  Questions from our listeners:

  • I listen to your show all the time and hear you say that you are Board Certified in Tax – what does that mean?
  • I am getting ready to file my 2014 which will have a balance due that I cannot pay in full. What can I do?
  • Why does the IRS file tax liens?

************************************************************************************************

Yes we are all working for the tax man!

Good afternoon! Welcome to the KahnTaxLaw Radio Show

This is your host Board Certified Tax Attorney, Jeffrey B. Kahn, the principal attorney of the Law Offices Of Jeffrey B. Kahn, P.C. and head of the KahnTaxLaw team.

You are listening to my weekly radio show where we talk everything about taxes from the ESPN 1700 AM Studio in San Diego, California.

When it comes to knowing tax laws and paying taxes, let’s face it — everyone in the U.S. is either in tax trouble, on their way to tax trouble, or trying to avoid tax trouble!

It is my objective to make you smarter so that you legally pay the least tax as possible, avoid tax problems and be aware of the strategies and solutions if you are being targeted by the IRS or any State tax agency.

Our show is broadcasted each Friday at 2:00PM Pacific Time and replays are available on demand by logging into our website at www.kahntaxlaw.com.

I have a lot to cover today in the world of taxes and helping me out will be my associate attorney Amy Spivey who will be calling in later.

And in the studio with me I have a special guest.  I want to introduce you to Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Chit chat with Windus.

Beware IRS Scam Calls Are Still Going On.

Jeff states: So today’s top story is:

Learning you are a victim of identity theft can be a stressful event. Identity theft is also a challenge to businesses, organizations and government agencies, including the IRS. Upon getting your personal information and social security number, scam artists may file a tax return under your social security number claiming a fraudulent refund or contact you pretending to be the IRS and extorting money from you.

Windus have you come across this situation in your practice?

Jeff continues, being a tax law firm we do get calls on this which is why I felt it important that I talk about this problem.

Listen to the story of Arati who works in New York City and immigrated to the U.S. from India.  Arati received a call from a Brian Cruz who called her house early in the morning before Arati left for work. He left his telephone number, name and noted he was calling from the IRS.  Arati put the number in her cell phone without searching for it online first.  After all it had a 202 area code which is Washington D.C. so she figured it had to be official.  Once she got into her car she called, and the man who picked up the call answered that this was the investigations bureau for the IRS. Arati asked for Cruz, but he wasn’t available. The man who picked up the call told Arati to give him the telephone number where Cruz left the message. She did, and then it began.

After the man confirmed Arati’s home telephone number, he stated that she attempted to defraud the IRS, and that the government was now taking legal action against her including issuing a warrant for her arrest within the next hour. When Arati asked what this was all about, he asked if she aware of an investigation against her. Arati replied “I have no clue about an investigation. This is the first time I’m hearing about any of this”.  Arati started to panic.  The man asked if Arati had a lawyer, and then told her about the investigation ordering her not to interrupt him while he speaks.  He then recited the last four digits of Arati’s social security number and recited where she worked. He seemed to know all of Arati’s personal information.  He told Arati that she failed to declare all of her income and engaged in tax fraud. He then told Arati that the government was seizing all property and all assets in her name that it had already froze her bank and credit card accounts, suspended her driver’s license as well as her passport. Furthermore, there would be a massive penalty, plus possible jail-time and that her social security number was now blacklisted.

Arati listened with fear to this man who went on to tell her someone would be waiting at her office to arrest her. Arati asked why this was the first time she was hearing about it. His reply: “This isn’t our first attempt to make you aware. We came to your house but you were not home.” Arati then asked what she owed the government. He replied approximately $4,900.  Arati then asked why she couldn’t just pay him the amount owed. He told her that the investigation was beyond the point of payment–it was too late.

The man then asked Arati questions like: Have you been part of any previous tax fraud cases? Are there currently any judgments against you? Are there any lawsuits pending against you? The man then stated she could wire the amount owed or deliver a check to him.

Now at this point Arati was starting to think that something was wrong. Being an IRS agent, wouldn’t he already have records showing that she has a clean record? Wouldn’t she have been audited if the IRS believed she owed taxes? Why would the IRS look to take such drastic action for only a $4,900 liability?  Arati started to doubt the man and when she pressed him to independently confirm that he works for the IRS, he replied: “How would you even find me using the IRS 1-800 number? This is my direct line. Do you want to find out if I’m a real IRS agent? You’ll see in an hour when the arrest warrant is issued.” Then, he hung up.  Arati then showed up at work and no agents were waiting for her.

I tell you this true story so you can get an idea on how far these scam artists are willing to go even if it is just to collect $4,900!

Windus comments?

Scam artists are now concentrating on Indian Americans and other South Asian Americans which are predominately located in California as part of our state’s huge and lucrative technology industry.  Scam artists pretending to be Internal Revenue Service officials threaten to send out an arrest warrant if money is not paid to them immediately over the phone.

This has been a big problem for the IRS and despite issuing multiple consumer alerts, the bogus emails, the bogus IRS letters and the bogus telephone calls continue and unfortunately taxpayers are still falling for this.  The government estimates that taxpayers have lost roughly $5 million to scammers.

Well I do not want you to become the next victim of any such scam nor do we want to ignore true IRS inquiries.  It is important to know that the IRS will not call you to demand immediate payment, nor will it call about taxes owed without first mailing you a bill or a notice.

Well it’s time for a break but stay tuned because if you have outstanding student loans my guest Windus A. Fernandez Brinkkord has some important information for you that can save you some money.

You are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team on the KahnTaxLaw Radio Show on ESPN.

BREAK

Welcome back.  This is KahnTaxLaw Radio Show on ESPN and you are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team.

And in the studio with me I have as my special guest Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

New Federal Student Loan Repayment Program is a Bad Deal for Borrowers

Jeff states: With the increasing costs of college more students are struggling to repay their loans and the new repayment plan proposed by the department of education will not bring the relief that is so desperately needed. This proposal was discussed in an article that was published in examiner.com about proposed changes in the Federal Student Loan Repayment Program [http://www.examiner.com/article/new-federal-student-loan-repayment-program-is-a-bad-deal-for-borrowers].

Jeff asks Windus: First tell us about the current system for repaying Federal student loans.

Windus to discuss the current plans, IBR & PAYE.

Jeff states:  By the way, Windus is a licensed financial planner who can help you plan for financial success and she is offering a special offer to our listeners.  Her firm Trilogy Financial Services will provide you with an Investment Audit which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment. The number to call is 858.314.5169. That is 858.314.5169 for your free investment audit by Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Jeff asks: So what is the new plan all about?

Windus to discuss: The new plan was supposed to open up PAYE to essentially everyone instead of having people who had loans before October 2007 be exposed to a less favorable program. However, the new program REPAY would require you to 100% disclose your spouse’s income.  So if you were to take on these loans and be in the program and then at year 15 of the program, get married it could put you in a very BAD situation to have to make much larger payments on the student loans. This almost encourages people not to get married.

Jeff states:  Windus is offering a special offer to our listeners.  Her firm Trilogy Financial Services will provide you with an Investment Audit which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment. The number to call is 858.314.5169. That is 858.314.5169 for your free investment audit by Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Stay tuned because after the break we are going to tell you some important summertime tax tips that can help you avoid tax problems with IRS.

You are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team on the KahnTaxLaw Radio Show on ESPN.

BREAK

Welcome back.  This is KahnTaxLaw Radio Show on ESPN and you are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team.

And in the studio with me I have as my special guest Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Calling into the studio from my Walnut Creek Office is my associate attorney, Amy Spivey.

Chit chat with Amy

IRS Summertime Tax Tips

Starting July 1st, the IRS began offering its Summertime Tax Tip series which include useful information in English and Spanish. Tax Tip subscribers receive a new Tip via email three times a week during July and August. They also get a Tax Tip each weekday during the tax filing season. The IRS also issues Special Edition Tax Tips on important tax topics throughout the year.  Taxpayers can sign up for the IRS Tax Tips subscription through a free service on www.irs.gov. For this segment we have pulled some of these tips which we want to share with you and add our comments to them.

Don’t Overlook the Child and Dependent Care Tax Credit this Summer. IRS Special Edition Tax Tip 2015-12, June 15, 2015

Jeff states: Day camps are common during the summer months. Many parents pay for them for their children while they work or look for work. If this applies to you, your costs may qualify for a federal tax credit that can lower your taxes.

Amy states: Here are some tips to know about the Child and Dependent Care Credit.

  1. Care for Qualifying Persons.  Your expenses must be for the care of one or more qualifying persons. Your dependent child or children under age 13 usually qualify.
  2. Work-related Expenses.  Your expenses for care must be work-related. This means that you must pay for the care so you can work or look for work. This rule also applies to your spouse if you file a joint return. Your spouse meets this rule during any month they are a full-time student. They also meet it if they’re physically or mentally incapable of self-care.
  3. Earned Income Required.  You must have earned income, such as from wages, salaries and tips. It also includes net earnings from self-employment. Your spouse must also have earned income if you file jointly. Your spouse is treated as having earned income for any month that they are a full-time student or incapable of self-care. This rule also applies to you if you file a joint return.
  4. Joint Return if Married.  Generally, married couples must file a joint return. You can still take the credit, however, if you are legally separated or living apart from your spouse.
  5. Type of Care.  You may qualify for it whether you pay for care at home, at a daycare facility or at a day camp.
  6. Credit Amount.  The credit is worth between 20 and 35 percent of your allowable expenses. The percentage depends on the amount of your income.
  7. Expense Limits.  The total expense that you can use in a year is limited. The limit is $3,000 for one qualifying person or $6,000 for two or more.
  8. Certain Care Does Not Qualify.  You may not include the cost of certain types of care for the tax credit, including:
    • Overnight camps or summer school tutoring costs.
    • Care provided by your spouse or your child who is under age 19 at the end of the year.
    • Care given by a person you can claim as your dependent.
  9. Keep Records and Receipts.  Keep all your receipts and records for when you file your tax return next year. You will need the name, address and taxpayer identification number of the care provider. You must report this information when you claim the credit on Form 2441, Child and Dependent Care Expenses.

Jeff states: Remember that this credit is not just a summer tax benefit. You may be able to claim it for qualifying care that you pay for at any time during the year.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment.  Call our office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Tips to Help You Pay Your Tax Bill this Summer.  IRS Special Edition Tax Tip 2015-15, June 30, 2015

Jeff states: If you get a tax bill from the IRS, don’t ignore it. The longer you wait the more interest and penalties you will have to pay.

Amy states: Here are some tips to help you pay your tax debt and avoid extra charges:

  1. Reply promptly.  After tax season, the IRS typically sends out millions of notices. Read it carefully and follow the instructions. If you owe, the notice will tell you how much and give you a due date. You should respond to the notice promptly and pay the bill to avoid additional interest and penalties.
  2. Pay online.  Using an IRS electronic payment method to pay your tax is quick, accurate and safe. You also get a record of your payment. Go to IRS.gov which will direct you to these services.  The options of Direct Pay and EFTPS are free services. If you pay by credit or debit card, the payment processing company will charge a fee.
  3. Apply online to make payments.  If you are not able to pay your tax in full, some taxpayers are eligible to apply for an installment agreement using the Online Payment Agreement Application on IRS.gov. However, for taxpayers who are self-employed and do not have a steady source of income or taxpayers who have special cirumstances, this option may not be appropriate and you should consider consulting with a tax professional.
  4. Check out a direct debit plan.  Regardless of who requests an installment agreement with IRS, a direct debit installment agreement is the lower-cost hassle-free way to pay. The set-up fee is less than half of the fee for other plans. The direct debit fee is $52 instead of the regular fee of $120. With a direct debit plan, you pay automatically from your bank account on a day you set each month. There is no need for you to write a check and make a trip to the post office. There are no reminder notices from the IRS and no missed payments.
  5. Pay by check or money order.  Make your check or money order payable to the U.S. Treasury. NOT TO THE IRS! Be sure to include:
    • Your name, address and daytime phone number
    • Your Social Security number or employer ID number for business taxes
    • The tax period and related tax form, such as “2014 Form 1040”

Mail it to the address listed on your notice. Do not send cash in the mail.

Jeff states: And as Amy said if you are self-employed and do not have a steady source of income or you have special circumstances or you just need help in reaching a resolution on your unpaid taxes you need to contact us.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment.  Call our office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Amy for calling into the show.  Amy says Thanks for having me.

Stay tuned as we will be taking some of your questions. You are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team on the KahnTaxLaw Radio Show on ESPN.

BREAK

Welcome back.  This is KahnTaxLaw Radio Show on ESPN and you are listening to Jeffrey Kahn the principal tax attorney of the kahntaxlaw team.

And in the studio with me I have as my special guest Licensed Financial Planner, Windus A. Fernandez Brinkkord, Senior Vice President Of Investments at Trilogy Financial Services.

Jeff states: If you would like to post a question for me to answer, you can go to my website at www.kahntaxlaw.com and click on “Radio Show”.  You can then enter your question and maybe it will be selected for a future show.

OK Windus, so you have the honors of reading off this weeks questions for me to answer?

  1. Carlos from Chula Vista asks: Hi Jeff I listen to your show all the time and hear you say that you are Board Certified in Tax – what does that mean?

An attorney who is Board Certified by the California Board of Legal Specialization in Tax Law must have demonstrated a broad based knowledge of statutes (primarily federal) dealing with the imposition and collection of taxes. The attorney must also have advised clients concerning their rights and responsibilities regarding taxes, the proper taxation transactions, and the procedure for contesting proposed and assessed taxes

To become Board Certified in Tax Law, an attorney must have:

  1. Been licensed to practice law for at least five (5) years;
  2. Devoted a required percentage of practice to tax law for at least five (5) years;
  3. Handled a wide variety of tax law matters to demonstrate experience and involvement;
  4. Attended tax law continuing education seminars regularly to keep legal training up to date;
  5. Been evaluated by fellow lawyers and judges;

Passed a day-long written examination.

Initial certification is valid for a period of five (5) years. To remain certified, an attorney must apply for recertification every five years and meet practice, peer review and continuing legal education requirements for the specialty field.

The consumer can identify a Tax Law Board Certified attorney in one of many ways. A Tax Law Certified attorney is entitled to indicate certification on business cards and letterhead by stating “Board Certified-Tax Law”. The attorney may also display the certification in legal directories and telephone listings under “Attorneys-Board Certified.”

The California Board of Legal Specialization was created by, and operates under the authority of, the State Bar of California.

  1. Barbara from Los Angeles asks: I am getting ready to file my 2014 which will have a balance due that I cannot pay in full. What can I do?

Here are four alternative options you may want to consider:

  1. Additional Time to Pay Based on your circumstances, you may be granted a short additional time to pay your tax in full – usually 60 to 120 days. Taxpayers are granted this relief will pay less in penalties and interest than if the debt were repaid through an installment agreement over a greater period of time.
  2. Installment Agreement You can apply for an IRS installment agreement before your current tax liabilities are actually assessed. Remember that the sooner you start making payments, the less in penalties and interest you will be paying to the IRS.
  3. Pay by Credit or Debit Card You can pay your Federal taxes by credit or debit card. IRS accepts all major cards (American Express, Discover, MasterCard, or Visa). Keep in mind that there is no IRS fee for credit or debit card payments, but the third-party processing companies charge a convenience fee or flat fee. If you are paying by credit card, the service providers charge a convenience fee based on the amount you are paying. If you are paying by debit card, the service providers charge a flat fee of $3.89 to $3.95. If following this option, do not add the convenience fee or flat fee to your tax payment.
  4. Offer In Compromise An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship. The IRS will consider your unique set of facts and circumstances:
  • Ability to pay;
  • Income;
  • Expenses; and
  • Asset equity.

Beware that not everyone will qualify for an Offer in Compromise program so you will want to check first with a tax professional.

  1. John from San Francisco asks: Why does the IRS file tax liens?

A federal tax lien is the government’s legal claim against your property when you neglect or fail to pay a tax debt. The lien protects the government’s interest in all your property, including real estate, personal property and financial assets.

PLUG: The Law Offices Of Jeffrey B. Kahn will provide you with a Tax Resolution Plan which is a $500.00 value for free as long as you mention the KahnTaxLaw Radio Show when you call to make an appointment.  Call our office to make an appointment to meet with me, Jeffrey Kahn, right here in downtown San Diego or at one of my other offices close to you. The number to call is 866.494.6829. That is 866.494.6829.

Thanks Windus for joining me today.  Windus says Thanks for having me.

Well we are reaching the end of our show.

You can reach out to me on Twitter at kahntaxlaw.  You can also send us your questions by visiting the kahntaxlaw website at www.kahntaxlaw.com.  That’s k-a-h-n tax law.com.

Have a great day everyone!