Law Offices of Steven M. Adler, PLLC

Family Business Lawyer 
Adler Law
E-Newsletter
April 1, 2014

Steven M. Adler, Esq. 
Steven M. Adler, Esq.

390 N. Broadway, Suite 200
Jericho, New York 11753

 

Phone: (516) 876-1105
Fax: (516) 441-5095

 

 
Welcome to the April 1st Issue of the Adler Law E-Newsletter.
 
Every year around April 15, you'll hear adults of all ages groan about "tax day".  No one enjoys doing taxes, but it's an important financial task.

By now you should have received all of your individual tax return information for 2013.  As you well know, the end of tax season is just around the corner -- are you ready? If you have already filed your taxes, good for you. You may want to consider a refund review if you think you may have missed something. Have a professional look over what you have filed the last 3 years. It is typically free, and may find you some extra overlooked money.  

 

If you have not filed - what are you waiting on? File as soon as you can and if a refund is coming -- enjoy that money sooner.   If you are unsure what the Internal Revenue Service considers taxable income, then our first article

10 Surprising Taxes you May Have to Pay will help shed some light on this topic.    

 

If you owe a balance, you can still file now and do NOT have to pay your tax payment until April 15th. That is right; you can prepare your taxes now, even file your tax return now and still not have to PAY the IRS until midnight of April 15th. That gives you extra time to gather the funds needed to pay your balance due.  In the event that you did not anticipate a balance due, we hope our second article - How to Handle an Unexpected Tax Bill in 4 Steps will be helpful.

 

Please be aware of several current e-mail and telephone scams that use the IRS' name as a lure. Such scams usually continue through the end of tax return filing season.  Our last article -Think You Owe an IRS Tax Payment?  Don't Fall Victim to the Biggest Tax Scam Ever  describes the scamming process and how to verify and report the incident to the proper federal agencies.    

 

If you're a serial procrastinator on tax filing, here's a compelling new reason to consider changing your ways: According to a new survey, people who wait until the deadline end up paying twice as much in taxes and in general, feel far less confident about their filing than people who get it done early.    

  
If you have any questions or would like us to discuss a subject of interest to you in one of our future articles, please feel free to contact my Client Services Director Betty and we would be happy to address your concerns in a future issue of Adler Law.

Have you visited our web site?

  
Thanks and if you haven't done so already, please "Like" my firm's Facebook Page.
  
Sincerely,
Steven M. Adler
 

   

10 Surprising Taxes  

 You May Have to Pay

 

Quick:  Name all the products and services that charge you taxes.


Most likely, your answer misses the whole picture.

 

"The average American thinks he or she is only taxed on what they receive on a 1099, K-1 or a W-2," says Mark Alaimo, a certified financial planner with at Wealth Management Advisors LLC in Boston, Mass. "What's taxable income for you goes far beyond that - and can get you into a lot of trouble if you don't pay the taxes owed."

 

To be safe, assume any income you receive is taxable, unless the IRS specifically says otherwise. Here are 10 items that people are often astonished to discover are taxable. If you earned money from any of these sources last year, you'll need to add it on your tax return:

 

1.     Social Security.  
This one can be a shock for those who recently started drawing benefits. Why doesn't the government just give less in the first place? The reason: You don't automatically pay taxes on all your Social Security. How much you pay depends on your total income. For your 2013 taxes, if half of your Social Security income plus all your other income totaled between $25,000 and $34,000 as a single filer, then you may pay tax on half of your Social Security benefit. If that amount is more than $34,000, you could owe taxes on as much as 85 percent of it. If you're married and filing jointly, the income thresholds are between $32,000 and $44,000, and greater than $44,000. Depending on where you live, you could owe state taxes on Social Security as well.

 

2.     Unemployment Benefits.  Surprise.

 
Although you were unemployed, your unemployment checks, both federal and state, are treated just like wages. So they'll be taxed at graduated rates. It's a good idea to withhold a percentage of your benefits to cover these taxes so you aren't slapped with a huge bill at tax time.

3.     State Income Tax Refund.  

  

If your state withholding is $100, but you only owed $85, then you'll pay taxes on the $15 check from the state (if you itemize your deductions).

 

4.     Winnings.    

 

Any winnings - whether from church fairs, gambling, Super Bowl pools, or getting a car from Oprah - are taxed, though the money you put in or what you lost is not taxed. If you're at a casino, whatever you lost for the year can offset your taxable winnings, as long as you can prove it.If you purchase a $100 raffle ticket as part of a school fundraising event and then win the $10,000 prize, you owe taxes on $9,900. The rate you pay depends on the rest of your tax profile. If you're a casino regular, you can request win-loss statement from the casino to offset your winnings.
 

5.     Alimony.     

 

Payers of alimony get a deduction on what they paid, but recipients pay taxes on what they received at their marginal tax rate. Child support payments are not taxed.

 

6.     Most Rental Income.
 
Almost all rental income, whether it's from Airbnb or from a vacation home, is taxed, although you can deduct the portion of expenses your renters don't pay. If renters stay for 90 days, or 25 percent of the year, and don't pay for the water bill or Internet or insurance or any other household expense, you can use 25 percent of those bills to offset your rental income. One exception to the rental income rule: If you rent a personal home for fewer than 15 days, you don't have to pay income tax on that income.
 

7.     Cancellation of Debt.

 
Let's say you took out a $100,000 loan to start a business that later failed. If the bank writes off your debt because you're unable to repay the loan, the balance of the loan is considered income by the IRS, unless you declare bankruptcy, says Drew Porter, a certified public accountant at Bay-Area firm Commyns, Smith, McCleary, Deaver LLP.

 

8.     Barter Income.

 

In today's sharing economy, this kind of transaction is becoming more popular. Maybe you're an accountant in the market for a Louis Vuitton bag. If you spot someone offering one on a barter site like Tradeya.com and that person needs a room painted, you can initiate a barter in which you paint their house and receive the bag in exchange. Here's where the taxes apply: If you trade a good or service that you would have made a profit on in the open market, you have to pay taxes on the estimated profit. So in the above example, if you would have normally charged $100 to paint a room, but the cost to you is $60, you owe taxes on the $40 profit.
 

9.     Crowdfunding.   

 

This is still a gray area, since the IRS has not definitively stated how they'll treat this type of income. "It'll take either the IRS issuing specific regulations or a big enough case where the IRS investigates someone who may have been too aggressive," Alaimo says.What it boils down to is intent - and for that reason, there's a conservative way to treat such funds on your tax return and an aggressive one. The conservative one would be to treat any crowd-funded earnings as taxable income. (If you raise $20,000 in credit card transactions, then like anyone else processing that amount of money via credit card, you'll be issued a 1099-K that will definitely put you on the IRS's radar.)
 

The aggressive approach, which some might take, especially if they pull in less than the $20,000, is to treat the money as a gift. If a crowd-funding campaign does not have the characteristics of a sale (i.e., if person raising money does not give anything back to the giver), then it could be treated as a non-taxable gift, much the way a friend might buy you a coffee.

 

10.  Bitcoin.

 
The rules around the virtual currency are still pretty murky, but at this point, it's being treated as a capital asset, which means any gain or loss will be treated as capital gains or capital losses, Alaimo says.If you engage in Bitcoin mining, however, in which you answer math questions in order to win Bitcoin, then that is taxed as ordinary income, like other winnings.

 

 

  

How to Handle an

  Unexpected Tax Bill in 4 Steps

 

If you're like most Americans, the process of filing taxes - while painful - typically results in a refund from the IRS.

 

 So far this year, 84 percent of filers have received a refund. The average refund amount this year is just over $3,000.

 

The percentage of filers receiving refunds from the IRS typically declines as April 15 approaches, since people who owe taxes tend to file returns later.  The majority of those who owe money expect a tax bill. Each year, however, millions of Americans file their taxes expecting a refund; instead, they're socked with an unexpected tax bill that can be difficult to pay.

 

It's worth noting that owing taxes is not inherently a bad thing. People who routinely receive large refunds are overpaying taxes throughout the year and are essentially giving the federal government an interest-free loan. "Tax refunds aren't just free money, after all," says Melanie Lauridsen of the American Institute for Certified Public Accountants.

 

If you've done proper tax planning throughout the year, there shouldn't be any surprises at tax time. However, common reasons for an unforeseen tax bill include improperly filling out W-4s and not withholding enough; a life event, such as an inheritance or a divorce resulting in an unexpected windfall; or incorrect payments by quarterly filers.

 

Whatever the cause, receiving a tax bill you hadn't planned for can be an unsettling event, especially if the amount you owe is large and you don't have the cash available to pay it out of pocket.

 

Here's what to do if it happens to you.

 

Don't panic. First, make sure you actually owe the amount you believe you owe. Examine your returns from last year to see what changes are resulting in a higher bill and alert your tax preparer so you can work together on fixing the problem. Often a big swing in tax obligations could reflect a mistake made in filling out forms. If you don't think you owe a large amount and you did your taxes yourself, if may be worth having a professional check your returns to see if you missed anything (or getting a second preparer to check the work of the first one).The simplest and easiest way to deal with the burden, of course, is to pay it immediately. If that's not possible, keep reading. 

  

File your taxes anyway and pay whatever amount you can. Too often, taxpayers who owe money decide not to file until they're able to cover the costs. That's the worst possible move, since failing to file can result in fees and accrued interest that can push your obligation even higher. In addition, the IRS can put liens on your home or garnish wages if you've made no effort to pay the taxes you owe.Simply filing for an extension won't get you off the hook, either. Even if you're granted one, you still owe your estimated taxes by April 15. "An extension gives you extra time to file, but not extra time to pay," says Lindsey Buchholz, lead tax research analyst at the Tax Institute for H&R Block. 

  

Paying at least a portion of the bill, even if it's just a token amount, is a good-faith gesture to the IRS that will not only decrease your obligation, but will also show the agency you're committed to paying what you owe, tax experts say.

 

Explore your options to borrow. If you don't have the cash to cover the bill, you'll have to find a way to borrow it. Here's a look at your best options:�          

  • If you owe less than $1,000, put it on a credit card and pay it off as quickly as possible. If you owe more than that but think you can pay it off within a year, consider opening a new credit card with a zero percent introductory rate for at least 12 months (if possible, look for one that will give you rewards as well). Even with 0 percent interest, you'll be charged a fee for paying with the credit card that will cost from 1.87 percent to 2.35 percent of your balance.
  • Sign up for an IRS installment plan. The IRS lets taxpayers who owe less than $50,000 sign up for the online plan, which stretches out payments over up to six years.  In addition to modest enrollment fees, the agency charges a variable interest rate (currently at 3 percent). "The rates are actually pretty competitive," says Mark Steber, chief tax officer at Jackson Hewitt Tax Service. 
Beware that if you miss a payment on the installment plan, the IRS can  immediately come after you through wage garnishment or liens for the remainder of your bill.  
  • For taxpayers with a good amount of home equity, consider using a home equity line of credit (HELOC) or a home equity loan to cover the bill. Rates on such loans are currently at 5.07 percent, and HELOC rates at 6.22 percent. Bonus: For any loans under $100,000, you can deduct interest paid on next year's taxes.
  • If at all possible, avoid borrowing money from or withdrawing from your retirement funds to pay your taxes. Such actions could put your retirement in jeopardy - and potentially trigger additional tax penalties on next year's tax bill. Another option to avoid is charging the amount due on a high-interest credit card, which is costly and damaging to your credit.

Prepare for next year.  Once you have a payment plan, stick to it, and eliminate the debt as quickly as possible. Then take action to make sure you don't owe a hefty bill next year. Plug your info into the IRS withholding calculator http://www.irs.gov/Individuals/IRS-Withholding-Calculator to see how changing your elections could get you paying the right amount. "For self-employed workers, planning ahead might mean being more concerned and conscientious with making estimated payments, or setting up a segregated account so you can set aside a portion of each payment instead of letting it go into your general funds," says J.J. Montanaro, a certified financial planner with USAA.

 

Sit down with a tax planner who can help you see how the money moves you make during the year can keep you from getting another unwanted surprise from Uncle Sam in 2015

 

Don't Fall Victim

To the Biggest Tax Scam Ever

 

 Be suspicious of anyone who calls you and claims to be from the Internal Revenue Service, federal authorities are warning.

 

 

The sophisticated phone scam has hit more than 20,000 people in almost every state, and netted the fraudsters more than $1 million.

 

"This is the largest scam of its kind we have ever seen," J. George Russell, the Treasury Inspector General for Tax Administration said in a statement. "The increasing number of people receiving these unsolicited calls from individuals who fraudulently claim to represent the IRS is alarming."

 

The scammers are telling people that they owe a tax payment and threatening things like arrest, deportation, or loss of a drivers' license for those who don't pay immediately by debit card or wire transfer.

 

The phone calls appear on caller ID to be coming from the IRS, and the callers usually know the last four digits of the victim's social security number.  Another goal of the scams is to trick people into revealing personal and financial information, such as bank account or credit card numbers, which the scammers can use to commit identity theft.

 
The calls will often be followed by a second call that appears to be from the police or the department of motor vehicles.

 

The real IRS usually uses the mail to make its initial contact with people about unpaid taxes, and it won't ask for a credit card number over the phone.

 

If you receive a suspicious phone call, report the incident to the Treasury Inspector General for Taxpayer Administration at 800-366-4484.

 

If you think you might owe taxes, call the IRS directly at 800-829-1040. You can also file a complaint with the Federal Trade Commission at www.FTC.gov.  

 


Hm
mm....





"Today is April 1, April Fools' Day, a day that people try to fool their friends and relatives. Don't confuse that with April 15, when people try to fool the IRS." -Jay Leno
Quick Links

 


Find us on Facebook

Follow us on Twitter

 

Visit our blog

Legal Services
We Provide
View my profile on LinkedIn

View my videos on YouTube 

Find me on Google+

Find me on Yelp 

 

The Law Offices of Steven M. Adler, PLLC are committed to providing their clients with the highest level of professional legal services at reasonable prices. Steven M. Adler, Esq., along with the rest of his law firm's highly competent support staff, gives all of his clients the personal attention and the legal expertise which they are entitled to receive. The Law Offices of Steven M. Adler, PLLC takes pride in the quality, effectiveness and efficiency of their legal services.


Law Offices of Steven M. Adler, PLLC
390 N. Broadway, Suite 200
Jericho, New York 11753
Phone: (516) 876-1105
Fax: (516) 441-5095
Web Site: www.sawlaw.com

Click here to read recommendations and reviews of my service on Stik.com

 

Mention this Newsletter to Receive a No-Charge
Family Wealth Planning Session (Regularly $500)

 

The information contained in this e-mail is sent by an attorney or his/her agent, and is intended only for the use of the individuals or entities to which it is addressed and may contain information that is privileged and confidential, the disclosure of which is prohibited by law. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail.

U.S. Treasury Circular 230 Notice: To the extent that there is any tax advice contained in this communication (including any attachments), it was not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties that may be imposed under the Internal Revenue Code or by any other applicable tax authority or (b) promoting, marketing or recommending to another party any tax-related matter addressed herein. We provide this disclosure on all outbound e-mails from our practice group to assure compliance with new standards of professional practice regarding conformity of our tax advice to certain requirements as to form and substance. 

ATTORNEY ADVERTISEMENT