It’s A Small World After All – Number Of FATCA Compliant Countries Continues To Grow

Under the Foreign Account Tax Compliance Act (“FATCA”), foreign banks, insurers and investment funds must send the Internal Revenue Service information about Americans’ and U.S. permanent residents’ offshore accounts worth more than $50,000. Institutions that fail to comply could effectively be frozen out of U.S. markets. As of this blog posting, the U.S. has entered into intergovernmental Agreements (“IGA’s”) with 32 countries for the implementation of FATCA.

The 32 countries with IGA’s already in place are:

Australia Estonia Isle of Man Netherlands
Austria Finland Italy Norway
Belgium France Jamaica Spain
Bermuda Germany Japan Switzerland
Canada Gibraltar Jersey United Kingdom
Cayman Islands Guernsey Luxembourg
Chile Hungary Malta
Costa Rica Honduras Mauritius
Denmark Ireland Mexico

Countries which are close to having an IGA in place are:

Bahamas Cyprus New Zealand Slovak Republic
Brazil India Panama Slovenia
British Virgin Islands Indonesia Peru South Africa
Bulgaria Kosovo Poland South Korea
Columbia Kuwait Portugal Sweden
Croatia Latvia Qatar
Curacao Liechtenstein Romania
Czech Republic Lithuania Singapore

Click here for progress and developments IRS has made in gathering information from foreign banks and foreign governments.

Federal tax law requires U.S. taxpayers to pay taxes on all income earned worldwide. U.S. taxpayers must also report foreign financial accounts if the total value of the accounts exceeds $10,000 at any time during the calendar year. Willful failure to report a foreign account can result in a fine of up to 50% of the amount in the account at the time of the violation and may even result in the IRS filing criminal charges.

The IRS is giving taxpayers one last chance to come forward and voluntarily disclose foreign accounts and unreported foreign income before the IRS starts investigating non-compliant taxpayers.

If you have never reported your foreign investments on your U.S. Tax Returns, you should seriously consider participating in the IRS’s 2012 Offshore Voluntary Disclosure Initiative (OVDI). Once the IRS contacts you, you cannot get into this program and would be subject to the maximum penalties (civil and criminal) under the tax law. Taxpayers who hire an experienced tax attorney in Offshore Account Voluntary Disclosures should result in avoiding any pitfalls and gaining the maximum benefits conferred by this program.

Protect yourself from excessive fines and possible jail time. Let the tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Diego, San Francisco and elsewhere in California qualify you for OVDI.

Description: Let the tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. resolve your IRS tax problems, get you in compliance with your FBAR filing obligations, and minimize the chance of any criminal investigation or imposition of civil penalties.


When Do You Need to Hire a Tax Attorney?

In a world of CPA’s, tax preparers, enrolled agents, bookkeepers and accountants, it can be confusing to know when to hire a tax attorney. After all, you’re not hiring a tax lawyer to prepare your annual income tax return. So when and why would you need a tax attorney’s services?

IRS And State Tax Disputes

First and foremost, you need a tax lawyer if you have a dispute with the Internal Revenue Service (IRS) or any State Tax Agency.

Most tax disputes arise in the form of an audit of one or several past tax returns. If the IRS notifies you of an audit, you should hire a tax attorney immediately.

Your tax lawyer can communicate with the IRS on your behalf, be present during your audit and help negotiate a settlement, if necessary. Having experienced legal counsel helps ensure that you don’t overpay as a result of your audit.

In some instances, taxpayers ignore letters and warnings from the IRS because they’re scared or don’t know how to respond. In those cases, the IRS may have no choice but to threaten you with criminal charges for tax evasion. If you learn that you’re the target of an IRS criminal investigation, you’ll want to hire a tax lawyer—and do it quickly.

Your tax lawyer can reassure the IRS that you’re taking its investigation seriously, work with the IRS in an effort to help you avoid criminal charges and represent you in court if you are charged with a tax crime.

Complex Legal Tax Issues

A tax lawyer’s help can also be invaluable if you’re facing a complicated legal tax situation. This might include instances where:

You’re starting a new company and are trying to decide between the various ways to structure your company
You’re the executor of an estate and need advice regarding whether and how much is owed in estate taxes
You want to challenge the IRS on a tax decision or appeal an audit
You receive a Collections Notice telling you that tax is due and/or threatening collection action
You want to sue the IRS
You think or know that you’ve committed tax fraud

Questions to Ask When Interviewing Tax Lawyers

At your initial meeting, you’ll want to share the specifics of your situation and then ask the lawyer about their experience handling similar matters. Know that lawyers are bound by strict confidentiality rules. Even if you end up hiring a different attorney, the lawyers you meet with cannot share the information they learned with the IRS or anyone else.

Some questions to consider asking during your initial consultation:

How long have you been practicing law?
Do you just practice tax law, or do you also work in other areas of practice?
Have you previously handled tax situations similar to mine?
What’s your assessment of my situation? What works for me and against me?
If I hired you, what course of action would you recommend?
Do you charge a flat fee or hourly rate, or do you use some other billing structure?
Can you estimate my total legal fees?

Tax problems are usually a serious matter and must be handled appropriately so it’s important to that you’ve hired the best lawyer for your particular situation. The tax attorneys at the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Diego San Francisco and elsewhere in California are highly skilled in handling tax matters and can effectively represent at all levels with the IRS and State Tax Agencies including criminal tax investigations and attempted prosecutions, undisclosed foreign bank accounts and other foreign assets, and unreported foreign income.

Description: Let the tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. resolve your IRS tax problems to allow you to have a fresh start.

Israel Becomes The 28th Country To Sign FATCA Accord

Under the Foreign Account Tax Compliance Act (“FATCA”), foreign banks, insurers and investment funds must send the Internal Revenue Service information about Americans’ and U.S. permanent residents’ offshore accounts worth more than $50,000. Institutions that fail to comply could effectively be frozen out of U.S. markets. The U.S. has entered into intergovernmental Agreements (“IGA’s”) with 27 countries for the implementation of FATCA.

On May 1, 2014 it was reported that Israel signed the FATCA Model 1 Accord which requires Israeli financial institutions to report information about U.S. customers’ accounts to the Israeli tax authorities, who will then send that information to the IRS. The news comes only a day after the indictment of a former senior vice president of an Israeli bank, widely believed to be Bank Mizrahi, for conspiring to conceal the existence of undeclared accounts owned and controlled by U.S. customers in Israel.

This makes Israel the 28th country to join the ranks of those countries cooperating with the U.S. in disclosing U.S. accountholders to the IRS.

The 27 countries with IGA’s already in place are:

Australia Finland Isle of Man Mexico
Bermuda France Italy Netherlands
Canada Germany Japan Norway
Cayman Islands Guernsey Jersey Spain
Chile Hungary Luxembourg Switzerland
Costa Rica Honduras Malta United Kingdom
Denmark Ireland Mauritius

Countries which are close to having an IGA in place are:

Austria Estonia Liechtenstein Qatar
Belgium Gibraltar Lithuania Slovenia
Brazil Jamaica New Zealand South Africa
British Virgin Islands Kosovo Poland South Korea
Croatia Latvia Portugal Romania
Czech Republic

Click here for progress and developments IRS has made in gathering information from foreign banks and foreign governments.

Federal tax law requires U.S. taxpayers to pay taxes on all income earned worldwide. U.S. taxpayers must also report foreign financial accounts if the total value of the accounts exceeds $10,000 at any time during the calendar year. Willful failure to report a foreign account can result in a fine of up to 50% of the amount in the account at the time of the violation and may even result in the IRS filing criminal charges.

The IRS is giving taxpayers one last chance to come forward and voluntarily disclose foreign accounts and unreported foreign income before the IRS starts investigating non-compliant taxpayers.

If you have never reported your foreign investments on your U.S. Tax Returns, you should seriously consider participating in the IRS’s 2012 Offshore Voluntary Disclosure Initiative (OVDI). Once the IRS contacts you, you cannot get into this program and would be subject to the maximum penalties (civil and criminal) under the tax law. Taxpayers who hire an experienced tax attorney in Offshore Account Voluntary Disclosures should result in avoiding any pitfalls and gaining the maximum benefits conferred by this program.

Protect yourself from excessive fines and possible jail time. Let the tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Diego, San Francisco and elsewhere in California qualify you for OVDI.

Description: Let the tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. resolve your IRS tax problems, get you in compliance with your FBAR filing obligations, and minimize the chance of any criminal investigation or imposition of civil penalties.

Be Careful Of What You Say To Your Accountant

Most States recognize an accountant-client privilege where if you tell your accountant something the accountant should not be compelled to reveal what was discussed to the government or third parties. A major exception where this privilege does not apply is where the discussion involves potential criminal actions or criminal issues. In the tax field this could be where you are hiding money offshore, failed to disclose foreign bank accounts, did not report all worldwide income on your income tax returns or filed false returns with overstated deductions.

But thanks to attorney-client privilege, if you tell your lawyer about any of these problems, the IRS cannot make your lawyer talk or produce any documents or notes made by your lawyer. The theory behind the privilege is to encourage clients or potential clients (in both civil and criminal cases) to be forthcoming with their lawyers and get the advice needed to make an informed decision.

Because an accountant may still be needed to resolve your tax matter that has criminal repercussions or criminal exposure in sensitive tax matters, there is a tool that the tax attorney uses to extend the umbrella of the attorney-client privilege to the accountant. That tool is called a Kovel letter, named after a famous case of United States v. KovelThe way this works is that your tax lawyer hires the accountant. The legal effect is that the accountant is still doing your tax accounting and return preparation but reporting as a subcontractor to your lawyer. Properly executed, it imports attorney-client privilege to the accountant’s work and communications.

If you are fence-sitting and can’t decide whether to disclose your past foreign account noncompliance to the IRS or if and how you should come forward to the IRS to correct previously filed false tax returns, you should not have discussions with your accountant about these issues. Instead speak with a tax attorney whom you can be forthcoming with and have the protections of confidentiality and exemption from disclosure to the government or other third parties.

Even if you end up not engaging that attorney, your conversation is still protected.

Whether and when to answer questions from the IRS, or whether to stand on your 5th Amendment rights, are questions that only a tax fraud lawyer can help you answer. Your financial well being, as well as your personal freedom may depend on the right answers. If you or your accountant even suspects that you might be subject to a criminal or civil tax fraud penalty, the experienced tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Francisco and San Diego and elsewhere in California can determine how to respond to these inquiries and formulate an effective strategy.

Description: Working with a tax attorney lawyer is the best way to assure that your freedom is protected and to minimize any additional amount you may owe to the IRS.

Accountant vs. Tax Attorney: When and Why To Use Them

When it comes to taxes, you can never be too careful or too organized. Though, if you run a small business, you’re likely going to need help along the way to ensure you’re being careful and organized enough. Businesses may turn to either a professional accountant or tax attorney for help. Despite what you may think, hiring a tax professional is not just for big business! Forming a working relationship with a tax pro can keep you out of hot water with the IRS and take some of the stress off of tax time. Adding a tax professional should be part of your business operating expense—consider it insurance you shouldn’t live without!

There are different types of tax professionals. Commonly, businesses rely on accountants and tax attorneys. How do you know which type of professional is the best fit for your needs? Let’s take a look at the differences between the two professions and how to choose the right one for your tax needs.

Accountants

You’re probably most familiar with accountants during tax season. But the truth is a qualified accountant can help with much more than just filing your tax return. If you run a small business, it’s a good idea to form a relationship with an experienced accountant so you have someone to call on with tax or accounting questions. This is also true if for personal taxes if you have expenses, income and deductions beyond a simple return.

There are several educational choices for accountants:

  • Tax preparer certification: Some states allow a tax preparer certification which trains individuals to prepare basic personal taxes. You may be most familiar with tax preparers from places like H&R Block and other kiosk tax-preparation services.

  • 2-year accounting degree: Technical colleges often offer a 2-year degree in general accounting. Graduates may hold a certification or Associate degree in accounting.

  • 4-year accounting degree: Accountants may choose to receive a Bachelor’s degree from a 4-year university.

  • Certified Public Accountant: The CPA designation must be earned by passing a rigorous examination. CPAs also hold a license from their state of practice and are held to a high standard of practice and accounting knowledge.

When interviewing accountants, ask exactly what duties they are able to perform based in their degree and licensure level. If you’re looking for help preparing taxes and filing the correct forms, a general accountant may suit your needs.

However, if you need help with financial planning, asset management or audit assistance, a CPA may suit better. There may be a cost difference between the type of accountant you choose; however, don’t let cost dissuade you from getting the help that you need to adhere to tax laws.

Keep in mind that accountants are not well-trained in the legal aspects of tax law. If you’ve become involved in legal proceedings with the IRS, your accountant may be able to help prepare necessary information, but only a tax attorney can guide you through the court system.

Tax Attorney

Tax attorneys are lawyers with a Juris Doctor (JD) degree and admission to the state bar, who also have specific education and experience in tax law. Like accountants you will also find that there are different levels of tax attorneys.

There are several educational and professional choices for tax attorneys:

  • Holding An Active Certified Public Accountant License: Implies the ability to handle duties of an accountant, as well as those of a legal tax advisor.

  • Master Of Laws Degree In Tax (LL.M.(Tax)): Having an extra year of law school after earning the JD which is devoting solely to tax education.

  • Board Certified In Tax Law By Their State Bar: Some states allow an attorney to earn recognition as a legal specialist in their field of law. Requires passing a competency test in tax law and has a minimum number of years practice in tax law.

Tax attorneys understand the finer details of tax law which can be helpful if you’re ever involved in an IRS action. Commonly, tax attorneys can assist with:

  • Estate planning or filing estate related tax returns

  • Business start-ups that have a complicated entity or tax requirements

  • Payroll/employee taxation issues for business with multiple employees

  • International business and tax laws

  • Filing a law suit against the IRS

  • IRS lawsuits against you

  • Criminal IRS investigations against you

  • Representation for tax fraud accusations against you

If your business has any legal issues with the IRS, you may want to consider a tax attorney for assistance. A tax attorney can help resolve many tax-related problems. They negotiate on your behalf and are trained to analyze complicated tax information and formulate a plan for resolving your case. Because tax laws change every year, tax attorneys are also invested in constant learning to stay abreast with all the changes. If you feel your business tax situation is above what an accountant can tackle, the next step is to find a tax attorney best suited for you and best qualified to resolve your situation.

If you are facing a potential proceeding in the U.S. Tax Court, check to see that the tax attorney is admitted to the U.S. Tax Court and inquire of that lawyer’s experience in filing a Petition with the Court, negotiating with the IRS Office Of Appeals or IRS Area Counsel and litigating the case in trial should a pre-trial settlement not be reached.

If you are facing a criminal investigation or you have been indicted for tax crimes by the Federal government, check to see that the tax attorney is admitted to the Federal District Court where you live and is knowledgeable about the criminal judicial process and is experienced in defending and litigating criminal cases in the Federal District Court.

The tax attorneys at the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Diego San Francisco and elsewhere in California are highly skilled in handling tax matters and can effectively represent at all levels with the IRS and State Tax Agencies including criminal tax investigations and attempted prosecutions, undisclosed foreign bank accounts and other foreign assets, and unreported foreign income.

Description: Let the tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. resolve your IRS tax problems to allow you to have a fresh start.

What Signs To Be On The Lookout For That You May Be Subject To An IRS Criminal Investigation.

A simple mistake, oversight, or your accountant’s malpractice may trigger an IRS criminal investigation. Specifically, unreported income, a false statement, the use of an impermissible accounting or banking service, or declaring too many deductions are things that could initiate an audit, which could then rise to the level of an IRS criminal investigation.

The tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. effectively handle criminal tax defense against criminal income tax issues prosecuted by the IRS. The IRS is the world’s most powerful collection agency, with tremendous resources, and its Criminal Investigation Division (CID) is ruthless. Its goal is singular: to conduct a thorough investigation of the taxpayer who has engaged in tax fraud so that he can be criminally prosecuted.

A criminal investigation differs from an audit. With an audit, the IRS attempts to determine whether you have calculated your tax liability correctly. With a criminal investigation, the IRS seeks to mount a case against you so that the U.S. Department Of Justice can prosecute you and hold you out as an example to others as to what will happen if you cheat the government.

The IRS Criminal Investigation Process

The IRS criminal investigation process is serious business. CID is composed of federal agents (called “Special Agents”), who are highly trained financial investigators that carry a gun and wear a badge. Unlike your typical police department, CID conducts a very thorough investigation which may last years while they interview your family, friends, co-workers, employees, and business associates, and bankers, among others, to acquire evidence as to the extent of the tax evasion or tax fraud that may have occurred.

A criminal tax violation conviction results in severe consequences, and in addition to monstrous fines, including the cost of prosecution and jail time. Each count can result in five years in jail and it could spell financial, personal and social ruin. Compounding the situation is that often a taxpayer will not know when he is subject to an IRS criminal investigation until it is in its late stages at which time they surely have made incriminating admissions if they were not represented by competent counsel.

Signs that You May Be Subject to an IRS Criminal Investigation:

(1) An IRS Revenue Officer abruptly stops pursuing you after he has been requesting you to pay your IRS tax debt, and now does not return your calls. The agent might be getting ready to refer your case to the CID to investigate previous or current tax evasion or crimes you may have committed within the collection process. (i.e., making false statements, hiding income or assets).

(2) An IRS Revenue agent has been auditing you and now disappears for days or even weeks at a time. After a case is referred to the CID, both the Collection and Examination Divisions put things on “pause” because they do not want to jeopardize a successful criminal prosecution. CID is incredibly resourceful and tactful. To better position yourself against them, it is best to obtain an experienced IRS tax attorney as early as possible where criminal tax exposure is apparent in your fact pattern (like where you know you cheated on the return that is under audit). This is true even if your case is only at the civil investigation stage.

(3) Your bank informs you that your records have been summoned by the CID or subpoenaed by the U.S. Attorney’s Office.

(4) Your accountant is contacted by Special Agents, or has been subpoenaed to appear before a grand jury and told to bring your tax records. Unfortunately, the “accountant-client privilege” simply does not protect you in a criminal case and any statements made to your accountant can be used against you in a criminal investigation, either through the “discovery” process leading to trial or where the accountant is called as a witness during criminal tax trial.

What Should You Do?

Whether and when to answer questions from the IRS, or whether to stand on your 5th Amendment rights, are questions that only a tax fraud lawyer can help you answer. Your financial well being, as well as your personal freedom may depend on the right answers. If you or your accountant even suspects that you might be subject to a criminal or civil tax fraud penalty, the experienced tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Francisco and San Diego and elsewhere in California can determine how to respond to these inquiries and formulate an effective strategy.

Description: Working with a tax attorney lawyer is the best way to assure that your freedom is protected and to minimize any additional amount you may owe to the IRS.

What Is The Difference Between Tax Fraud And A Simple Mistake?

In most tax audits the IRS is only interested in collecting the taxes owed, plus interest along with a few penalties. Perhaps the IRS might impose a negligence penalty or a late filing penalty. However, if during the tax audit the IRS suspects that you have committed tax fraud they can impose a civil tax fraud penalty. The civil tax fraud penalty is equal to 75% of the tax owed, plus interest on the penalty. Worse yet the IRS tax auditor might ask the tax fraud referral specialist to look at your case to see if it should be sent to the IRS Criminal Investigation Division (CID) for criminal tax prosecution.

 

Tax crimes include filing a false tax return, tax evasion, filing false documents, failure to collect employment taxes, failure to pay taxes, and failing to file a tax return. The penalties for criminal tax fraud are very serious. They range up to 5 years in jail, plus fines of up to $500,000, plus the costs of prosecution for each separate tax crime. Once the criminal tax case is completed CID will refer the case back to the IRS Examination Division where the taxes will be assessed, and the IRS can be expected to add on the civil tax fraud penalty, on top of any criminal tax fraud fines.

 

Generally tax fraud or tax evasion involves an intentional wrongdoing. Mere carelessness is not tax fraud. “Badges Of Fraud” commonly used by taxpayers to deceive or defraud the IRS include the following:

Badges of Fraud – Income

  • Omissions of specific items where similar items are included.
  • Omissions of entire sources of income.
  • Unexplained failure to report substantial amounts of income determined to
    have been received.
  • Substantial unexplained increases in net worth, especially over a period
    of years.
  • Substantial excess of personal expenditures over available resources.
  • Bank deposits from unexplained sources substantially exceeding reported
    income.
  • Concealment of bank accounts, brokerage accounts, and other property.
  • Inadequate explanation for dealing in large sums of currency or the
    unexplained expenditure of currency.
  • Consistent concealment of unexplained currency, especially in a business
    not calling for large amounts of cash.
  • Failure to deposit receipts to business account, contrary to normal
    practices.
  • Failure to file a return, especially for a period of several years
    although substantial amounts of taxable income were received.
  • Covering up sources of receipts by false description of source of
    disclosed income and/or nontaxable receipts.
  • Substantial overstatement of deductions.
  • Substantial amounts of personal expenditure deducted as business expenses.
  • Claiming fictitious deductions.
  • Dependency exemption claimed for non-existent, deceased, or
    self-supporting persons.
  • Loans of trust funds disguised as purchases or deductions.
  • Keeping two sets of books or no books.
  • False entries or alterations made on the books and records; backdated or
    postdated documents; false invoices, applications, or statements, other false
    documents, or applications.
  • Failure to keep adequate records, concealment of records, or refusal to
    make certain records available.
  • Variances between treatments of questionable items on the return as
    compared with books.
  • Intentional under or over footing of columns in journal or ledger.
  • Amounts on return not in agreement with amounts in books.
  • Amounts posted to ledger accounts not in agreement with source books or
    records.
  • Journalizing of questionable items out of correct amount.
  • False receipts to donors by exempt organizations.
  • Distribution of profits to fictitious partners.
  • Inclusion of income or deductions in the return of a related taxpayer,
    when difference in tax rates is a factor.
  • False statement, especially if made under oath, about a material fact
    involved in the examination.
  • Attempts to hinder the examination. For example, failure to answer
    pertinent questions, repeated cancellations of appointments, or refusal to
    provide records.
  • The taxpayer’s knowledge of taxes and business practice where numerous
    questionable items appear on the returns.
  • Testimony of employees concerning irregular business practices by the
    taxpayer.
  • Destruction of books and records, especially if just after examination was
    started.
  • Transfer of assets for purposes of concealment or diversion of funds
    and/or assets by officials or trustees.
  • Patterns of consistent failure over several years to report income fully.
  • Proof the return was incorrect to such an extent and in respect to items
    of such character and magnitude as to compel the conclusion the falsity was
    known and deliberate.
  • Payment of improper expenses by or for officials or trustees.
  • Willful and intentional failure to execute plan amendments.
  • Backdating of applications and related documents.
  • Making false statements on EP/EO determination letter applications.
  • Use of false social security numbers.
  • Submission of false Form W-4.
  • Submitting a false affidavit.
  • Attempts to bribe the examiner.
  • Inadequacy of consideration.
  • Insolvency of transferor.
  • Assets placed in other names.
  • Transfer of all or nearly all of debtors’ property.
  • Close relationship between parties to the transfer.
  • Transfer made in anticipation of a tax assessment or while the
    investigation of a deficiency is pending.
  • Reservation of any interest in the property transferred.
  • Transaction not in the usual course of business.
  • Retention of possession.
  • Transactions surrounded by secrecy.
  • False entries in books of transferor or transferee.
  • Unusual disposition of the consideration received for the property.
  • Use of secret bank accounts for income.
  • Deposits into bank accounts under nominee names.
  • Conduct of business transactions in false names.

 Badges of Fraud – Expenses or Deductions

  • Substantial overstatement of deductions.
  • Substantial amounts of personal expenditure deducted as business expenses.
  • Claiming fictitious deductions.
  • Dependency exemption claimed for non-existent, deceased, or
    self-supporting persons.
  • Loans of trust funds disguised as purchases or deductions.

 Badges of Fraud – Books and Records

  • Keeping two sets of books or no books.
  • False entries or alterations made on the books and records; backdated or
    postdated documents; false invoices, applications, or statements, other false
    documents, or applications.
  • Failure to keep adequate records, concealment of records, or refusal to
    make certain records available.
  • Variances between treatments of questionable items on the return as
    compared with books.
  • Intentional under or over footing of columns in journal or ledger.
  • Amounts on return not in agreement with amounts in books.
  • Amounts posted to ledger accounts not in agreement with source books or
    records.
  • Journalizing of questionable items out of correct amount.
  • False receipts to donors by exempt organizations.

Badges of Fraud – Allocations of Income

  • Distribution of profits to fictitious partners.
  • Inclusion of income or deductions in the return of a related taxpayer,
    when difference in tax rates is a factor.

Badges of Fraud – Conduct of Taxpayer

  • False statement, especially if made under oath, about a material fact
    involved in the examination.
  • Attempts to hinder the examination. For example, failure to answer
    pertinent questions, repeated cancellations of appointments, or refusal to
    provide records.
  • The taxpayer’s knowledge of taxes and business practice where numerous
    questionable items appear on the returns.
  • Testimony of employees concerning irregular business practices by the
    taxpayer.
  • Destruction of books and records, especially if just after examination was
    started.
  • Transfer of assets for purposes of concealment or diversion of funds
    and/or assets by officials or trustees.
  • Patterns of consistent failure over several years to report income fully.
  • Proof the return was incorrect to such an extent and in respect to items
    of such character and magnitude as to compel the conclusion the falsity was
    known and deliberate.
  • Payment of improper expenses by or for officials or trustees.
  • Willful and intentional failure to execute plan amendments.
  • Backdating of applications and related documents.
  • Making false statements on EP/EO determination letter applications.
  • Use of false social security numbers.
  • Submission of false Form W-4.
  • Submitting a false affidavit.
  • Attempts to bribe the examiner.

Badges of Fraud – Methods of Concealment

  • Inadequacy of consideration.
  • Insolvency of transferor.
  • Assets placed in other names.
  • Transfer of all or nearly all of debtors’ property.
  • Close relationship between parties to the transfer.
  • Transfer made in anticipation of a tax assessment or while the
    investigation of a deficiency is pending.
  • Reservation of any interest in the property transferred.
  • Transaction not in the usual course of business.
  • Retention of possession.
  • Transactions surrounded by secrecy.
  • False entries in books of transferor or transferee.
  • Unusual disposition of the consideration received for the property.
  • Use of secret bank accounts for income.
  • Deposits into bank accounts under nominee names.
  • Conduct of business transactions in false names.

Whether and when to answer questions from the IRS, or whether to stand on your 5th Amendment rights, are questions that only a tax fraud lawyer can help you answer. Your financial well being, as well as your personal freedom may depend on the right answers. If you or your accountant even suspects that you might be subject to a criminal or civil tax fraud penalty, the experienced tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Francisco and San Diego and elsewhere in California can determine how to respond to these inquiries and formulate an effective strategy.

Description: Working with a tax attorney lawyer is the best way to assure that your freedom is protected and to minimize any additional amount you may owe to the IRS.

Badges of Fraud: What Sets the Alarms Off at the IRS?

A new client once came to me saying she had made an error in preparing her tax return and inadvertently took a deduction to which she was not entitled. “Will I go to jail if I’m audited?” The answer of course, is no. If that were the case, you might as well surround the country in barbed wire and imprison all of us. After all, I’m sure almost everyone in this country has made an error or misunderstood a tax law and claimed a deduction they shouldn’t have or failed to report some income because the reporting document got lost in the mail or misplaced.

But some taxpayers go too far. Their tax returns read like a fiction novel. Therefore, IRS auditors have been trained to spot the hot issues which usually are present with dishonest taxpayers.  These hot issues are called by the IRS as the “Badges Of Fraud” which could result in your case being referred to the IRS Criminal Investigation Division (CID).

 The Badges Of Fraud include:

  • understatements of income;
  • inadequate records;
  • failure to file tax returns;
  • implausible or inconsistent explanations of behavior;
  • concealment of assets;
  • failure to cooperate with tax authorities;
  • engaging in illegal activities;
  • attempting to conceal illegal activities;
  • dealing in cash; and
  • failure to make estimated tax payments.

If you have any of these tax problems and you are audited by the IRS you may need to engage a tax fraud attorney. Actions you take during the course of a tax audit can turn a run of the mill tax controversy into a tax fraud case. For example, lying or giving evasive answers to IRS investigators, delaying tactics, and other actions designed to mislead IRS agents are all indicia of tax fraud.

The penalties for criminal tax fraud are very serious. They range up to 5 years in jail, plus fines of up to $500,000, plus the costs of prosecution for each separate tax crime. Once the criminal tax case is completed CID will refer the case back to the IRS Examination Division where the taxes will be assessed, and the IRS can be expected to add on the civil tax fraud penalty, on top of any criminal tax fraud fines.

Whether and when to answer questions from the IRS, or whether to stand on your 5th Amendment rights, are questions that only a tax fraud lawyer can help you answer. Your financial well being, as well as your personal freedom may depend on the right answers. If you or your accountant even suspects that you might be subject to a criminal or civil tax fraud penalty, the experienced tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Francisco and San Diego and elsewhere in California can determine how to respond to these inquiries and formulate an effective strategy.

Description: Working with a tax attorney lawyer is the best way to assure that your freedom is protected and to minimize any additional amount you may owe to the IRS.

What An IRS Agent In A Civil Tax Audit Considers Before Referring You For Criminal Investigation

IRS auditors are trained to spot common types of deception and attempts to defraud the Federal government. Any of these acts are called “Badges Of Fraud”. Now the IRS in an audit expects to find a few errors on a tax return and I would agree that a little bit of fudging here or there is not going to send a taxpayer to jail—it might not even raise an eyebrow. But during the course of the audit, errors will be corrected, deductions will be disallowed, unreported income added, and a new tax liability will arise possibly including a few penalties as well as interest.

 

But some taxpayers go too far. Their tax returns read like a fiction novel. Therefore, IRS auditors have been trained to spot hot issues common with of dishonest taxpayers.  Here are the major Badges Of Fraud auditors look for during the course of an examination:

Unreported Income.

When it comes to income, the auditor asks for all of your bank statements from all accounts. The auditor will match bank deposits to income declared on the tax return. If you have bank deposits from unexplained sources, you can be sure that the auditor will question this. The auditor will also look for concealment of bank accounts, brokerage accounts and other property. The auditor will also check for an excess of personal expenditures. For example, if you are spending $100,000 per year and only making $50,000 per year, the auditor will believe you are omitting an entire income stream from your tax return. The auditor will also check out internal information compiled by other departments of the IRS such as the IRS department which organizes data received from foreign banks to detect whether you have unreported foreign bank accounts.

Overstated Deductions.

If you fudge in the area of expenses or deductions, it could be explained as simply making a best estimate rather than totaling receipts. But if there is a substantial overstatement of deductions, it will set off alarms. Some taxpayers attempt to deduct personal expenses as business expenses or claim fictitious deductions. This will only cause an auditor to dig deeper and possibly want to open other tax years for examination.

Self-Employed Taxpayers.

If you are self-employed, the auditor may cut the audit short if you keep a good set of books on a computerized software system or a set of books maintained by an outside bookkeeping service or accounting firm. But if you do not keep books, or the auditor discovers that you are keeping two sets of books, you will subject yourself to more scrutiny.  Other badges of fraud in this area include false entries, backdated or postdated documents and false invoices. And of course if you refuse to make records available or if your books and records don’t match income and expenses reported on the tax return you will send up a red flag. The auditor will also check for improper allocations of income. For example, a distribution of profits to fictitious partners or shareholders, or including your income or deductions in the return of a related taxpayer to optimize your own tax liability.

Questionable Transfers Of Assets.

Auditors also look for the transfer of assets for purposes of concealment or diversion of funds and/or assets by officials or trustees. They can tap into public records and your State’s Department Of Motor Vehicles (DMV) in order to discover assets you may attempt to hide.

Social Media.

Auditors have also been known to look at your activity on social media websites like Facebook and Twitter to gather information on your lifestyle and major transactions like vacations, jewelry and extravagant social celebrations which they will incorporate in a cost-of-living analysis to determine if you under-reported your income.

The penalties for criminal tax fraud are very serious. They range up to 5 years in jail, plus fines of up to $500,000, plus the costs of prosecution for each separate tax crime. Once the criminal tax case is completed CID will refer the case back to the IRS Examination Division where the taxes will be assessed, and the IRS can be expected to add on the civil tax fraud penalty, on top of any criminal tax fraud fines.

Whether and when to answer questions from the IRS, or whether to stand on your 5th Amendment rights, are questions that only a tax fraud lawyer can help you answer. Your financial well being, as well as your personal freedom may depend on the right answers. If you or your accountant even suspects that you might be subject to a criminal or civil tax fraud penalty, the experienced tax attorneys of the Law Offices Of Jeffrey B. Kahn, P.C. located in Los Angeles, San Francisco and San Diego and elsewhere in California can determine how to respond to these inquiries and formulate an effective strategy.

Description: Working with a tax attorney lawyer is the best way to assure that your freedom is protected and to minimize any additional amount you may owe to the IRS.

Tales From An X-IRS Agent

It is usually impossible to get the inside scoop of how the IRS is looking at taxpayers but sometimes a retired IRS agent will provide me with some valuable insight.

Before I go into this, let’s cover some of the basics about the structure of the IRS. Generally, there are four classes of employees at the IRS. 

The Office Examiner is the person who audits personal income tax returns which can include the small Schedule Cs-the sole proprietor.  This person usually does not have a degree in accounting.  These audits are performed at the IRS office. 

The Revenue Agent will have a degree in accounting and is the person who audits large Schedule C’s and corporate income tax returns.  These audits are performed at the business. 

The Revenue Officer is the person who collects past due tax accounts.  These are the people who will give you a bad time, and they can have the worst attitudes.  When they wanted to make the IRS kinder and gentler, these are the people they wanted to tame down.  However, there are cases that involve some real big crooks, and the actions that the Revenue Officer takes are justifiable. 

Then, there are the Special Agents who work in the Criminal Investigation Division (CID) handle the fraud and criminal cases.  These are the people who pack the heaters (guns, shotguns, and rifles).  These are the kind, sympathetic, and understanding people that you will meet in the event that you are ever found to be significantly cheating on your taxes.  You see, by going after you, making a public case out of you (newspapers, radio and TV), and by putting you in jail, they can assist in the government’s goal of voluntary compliance with the tax laws.

How A Routine Audit On Excise Taxes Turned Into A Nightmare For The Taxpayer-Business Owner.

The Revenue Agent was assigned a case where a company that was manufacturing truck parts was turned in by one of its competitors.  The competitor suspected that the company was not paying the excise tax that is due on truck parts since this company was winning most of the government bids to supply the military.  The excise tax on the parts, tires and fuel is used to maintain the Federal roads.

The Revenue Agent pulled copies of the returns from the IRS and sure enough, no tax was being reported or paid. While at the company’s place of business, the Revenue Agent noticed that one of the owners had a picture of an airplane on his wall.  Since there is also an annual excise tax on small airplanes, the Revenue Agent decided to test this business owner.  So the Revenue Agent got him into a conversation about how much he loved his airplane and then the Revenue Agent asked him for copies of the excise tax returns for the plane.  The business owner acted dumb, like he didn’t know anything about it.  So the Revenue Agent gave him blank forms to fill out for the last three years. 

After receiving the completed forms, the Revenue Agent checked what tax returns were filed by the business owners and what was reported on those tax returns. Well what the Revenue Agent found was that one of the business owners had never filed personal income tax returns for the last five years.  The Revenue Agent was then able to show that the business owner committed tax fraud through his intentional disregard for the law.

This case was then transferred to the CID where it did go to a criminal trial. Besides having to deal with a criminal tax proceeding, the non-compliant business owner who didn’t file his five years of tax returns suffered more misfortune as his wife divorced him and he lost total custody of his kids.  He and his business partner still owed $250,000 in taxes plus significant penalties and interest, to the IRS.

Abuse Of The Travel & Entertainment Deduction.

Some companies like to spend large amounts on travel and entertainment and, in some industries, it is necessary.  The Revenue Agent was assigned a case where, for the size of the company, the Travel & Entertainment (T&E) expense seemed a little high.  As the Revenue Agent got into the audit, he realized that there was only one salesman-the owner-and his T&E expenses per year amounted to $250,000.

As the Revenue Agent started going through the receipts for the expenses, he noticed some interesting things. The Revenue Agent noticed receipts for mink coats, wash machines, and TV’s.  The Revenue Agent asked the outside CPA about these items and he said that they were for corporate gifts to clients.  Now the Internal Revenue Code limits gifts to $25.00 per person, per year but these were a little higher than that.  The Revenue Agent asked the accountant what the purpose of these gifts were and he said that this was the only way that the company could get the buyers’ in the retail chains to purchase the company’s products.  What the Revenue Agent was able to show was that these items were corporate bribes and payoffs to purchasing agents.  The retail chain purchasing agents were on the take.  The items were for their wives and their own homes.

Needless to say, the Revenue Agent disallowed 50% of the company’s T&E expenses due to a lack of documentation and excessive gifts for the three most recent years.

The Wedding And The Boat.

Sometimes a Revenue Agent goes out to a company and on the surface of the tax return and financial statements everything looks just normal.  But, on occasion, the unusual just jumps out at you.

In one audit the Revenue Agent following standard audit procedures came across an entry in the books for about $80,000 that looked a little unusual, so the agent checked it off and asked for the documentation.

When the Revenue Agent returned to complete the audit, the CPA sat down with the agent to go over the list of items that the agent had requested.  When the agent came down to the $80,000 item, the CPA explained to the agent that it was for the owner’s daughter’s wedding and that since the owner HAD TO invite his customers to the wedding that some or all of it was a business expense.  Now some people will try to justify anything; however, the average Joe out there can’t take a tax deduction for inviting fellow employees to his daughter’s wedding. Needless to say, the taxpayer didn’t get the deduction.

Again, sometimes when things look normal, they aren’t.  In another audit the Revenue Agent stumbled on an entry hidden in Cost Of Goods Sold (CGS).  The CGS is where material, labor and related product costs are supposed to be recorded.  So what is the total cost of a 45 foot yacht doing there?

The explanation given to the Revenue Agent was: “Oh, no!  We didn’t mean for that to happen.  Alice the bookkeeper entered that to the wrong account, and it slipped by us.”  So the agent said “I suppose that she should have buried it in another account”.  While there is a provision in the law for the use of a boat as a travel and entertainment expense, expensing a whole boat in one year just doesn’t work. Again, needless to say, the taxpayer didn’t get the deduction.

It Just Doesn’t Add Up.

The Revenue Agent was assigned to audit a small retail store.  Upon going through the books and records, the agent could not get the deposits on the books to balance to the tax return and neither could the accountant.

The agent asked the accountant to prepare a cost of living analysis for the owner and the business.  Congress has given the IRS the authority to prove the income of the taxpayer.  This is a simple task.  All deposits to your bank accounts are income unless you can prove otherwise.  However, if all of the income does not get deposited, then the second method of proving income is a cost of living analysis.  In that case, your income is equal to your cost of living unless you can prove otherwise.

Well, the cost of living analysis showed $100,000 more per year of income than what had been reported on the tax return.  Now the accountant and business owner were nervous!  The Revenue Agent then sent the case for a fraud review and the IRS authorized the taxpayer to be charged with a Civil Fraud Penalty amounting to 75% of the increase in income tax.

What Should You Do?

If you receive notice that your tax returns are to be audited or there is a knock on your door by IRS Special Agents, do not try and take this matter on your own. Instead, enlist the services of a qualified tax attorney at the Law Offices Of Jeffrey B. Kahn, P.C. with offices in Los Angeles, San Diego, San Francisco and elsewhere in California to resolve these inquiries.

Description: Working with a tax attorney lawyer is the best way to assure that your freedom is protected and to minimize any additional amount you may owe to the IRS.