Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for January, 2005

Is your tax return being prepared in India?

Posted by taxguru on January 23, 2005

Outsourcing Sparks Returns – I’ve discussed this trend of using accountants in India to prepare USA income tax returns on a number of occasions. From this article, as well as a lively discussion thread on the Kleinrock board, the trend is still growing, in spite of my explicitly stated opinions that this is a disservice to clients who are often unaware of the fact they are paying top dollar fees to their USA preparers, while those preparers are farming the actual work out to a third world country where pay rates are a small fraction of what they are here in the USA. The fact that most of the USA tax firms quoted in this article were unwilling to have their names used is a perfect indication that they know they are doing something seriously wrong and are too embarrassed by it.

Maybe it’s just a difference in operating philosophy. In my case, I have always considered each tax return I prepare to be an extremely customized work of art. I have also always charged strictly by the time spent in order to appropriately reward the organized clients and penalize the messy complicated ones.

Even when I had my multiple offices in the Bay Area with a staff of preparers working for me, they were all required to abide by the very strict standards and procedures that I had established. I also reviewed and signed each and every tax return. This was tough enough to do when they were working in my offices. How it would be possible to properly supervise people from a different culture living and working on the other side of the planet escapes me.

Based on the multitude of incompetent tax pros who were born and raised here in the USA, I have a very hard time accepting the claim that these outsourcing companies can adequately train people from such a different culture in how we do things here. I have met and worked with many Indian accountants over my career, and they are very well educated and intelligent. However great they may be in their own environment, it’s impossible for them to be as skilled when out of their element. It would be the same situation if I were to start preparing tax returns for people in other countries. As well versed as I may be here in the USA, I would be a fish out of water.

From the solicitations I have seen for these Indian outsourcing companies, their main market is with the assembly line tax services that charge fixed amounts for their returns. They base their appeal on the fact that the USA firms can still charge their clients the same amounts while cutting their labor costs down dramatically. Quality of the product isn’t generally of as much concern to these kinds of tax prep firms as is quantity; so they will probably continue to expand their use of Indian preparers. Client beware is all I can say for people who use these USA tax firms.

Posted in Uncategorized | Comments Off on Is your tax return being prepared in India?

Posted by taxguru on January 22, 2005

Bush plans leanest budget – It’s about time he started reining in Capitol Hill’s drunken sailors.

 

Posted in Uncategorized | Comments Off on

Getting older has its downsides

Posted by taxguru on January 22, 2005

The IRS can wipe the smile off of anybody.

Posted in Uncategorized | Comments Off on Getting older has its downsides

It’s not gambling when you cheat

Posted by taxguru on January 22, 2005

Pepsi iTunes Contest: The Tilt Still Works – Some easy, yet legal, ways to improve the odds of winning free goodies when buying sodas.

 

Posted in Uncategorized | Comments Off on It’s not gambling when you cheat

Posted by taxguru on January 21, 2005

IRS Must Get Grip on Tax Gap, Taxpayer Advocate Says – As I’ve explained on several occasions previously, I have tried to track down how IRS calculates the “tax gap” and they have admitted that they make the numbers up in order to justify more money and power for themselves.  Since such a gap is by definition unknowable, they claim that their guess is as good as anyone else’s. 

Having been in the tax profession for 30 years now and having reviewed the tax returns of thousands of people, I know that the popular wisdom that everybody cheats on their taxes is flat out wrong.  Most people are so frightened of the IRS, as well as incapable of understanding the insane tax code, that they actually over-pay their taxes and don’t claim all of the deductions to which they are legally entitled.   

 

Posted in Uncategorized | Comments Off on

Posted by taxguru on January 21, 2005

Posted in Uncategorized | Comments Off on

Posted by taxguru on January 20, 2005

Feds To Lotto Winner: Pay Up – In a sane world, where people are responsible for their actions, this wouldn’t even be debatable.  Someone who recently skipped out on $45,000 of debts should have no hesitation in making good on those debts from the $60 million lottery check he received.

 

Social Insecurity? – Thomas Sowell takes on the DemonRats’ asinine argument that there is no Social Security crisis.

 

It’s time to reform Social Security George Will

 

You’re too stupid to manage your own money The DemonRat philosophy in a nutshell.

 

Quiz: Are You Ready To Sell Your Own Home? – It’s not as easy as it often appears to be.

 

A Word to the Wise For Timeshare Buyers – I have no hesitation n proclaiming that buying timeshares at full retail price is the biggest rip-off in the real estate market.  It’s not such a bad deal, however, when you pay only $1,000 on the secondary market for an interest that someone else paid over $20,000 for.  Just don’t be the idiot paying the $20,000, regardless of what freebies the promoters give you.

 

Posted in Uncategorized | Comments Off on

Can LLCs Own Primary Residences?

Posted by taxguru on January 20, 2005

Q:

Subject: primary residence held in LLC

Question:

If I have my primary residence placed in an LLC will there be any capital gains due when I sell it after living there 2 yrs or more??

 

A:

The tax free exclusion for gains from primary residence sales of up to $250,000 per person is only available for homes owned by individuals. 

Properties owned by other entities, such as corporations, partnerships and LLCs, are not eligible for any such tax free sale because only individuals (human beings) can have primary residences under the tax code. 

On the books of the other kinds of entities, the property is normally treated as an investment, business or rental property and the only way to defer taxation of any gain is via a 1031 like kind (aka Starker) exchange.

If you are serious about being involved with LLCs and real estate, you really should be working with a tax pro or you could easily find yourself owing a lot of unexpected taxes.

Good luck.

Kerry Kerstetter

 

Posted in 1031 | Comments Off on Can LLCs Own Primary Residences?

Section 179 & Rental Properties

Posted by taxguru on January 19, 2005

Q:

I don’t know whether you respond to specific questions/individuals but in trying to do some research came across your site.  I have gotten two different responses to a tax question so thought I would give you a try.
I did a 1031 exchange this year–sold a condo I had rented for years and bought a home in a resort area in Delaware that will be rented on a weekly basis.  In order to rent this home it had to be fully furnished–can this furniture and everything purchased to set up the kitchen for use be deducted in one year as a Section 179 expense??  I am a real estate agent so I know all my losses this year are not limited and since I didn’t settle on this till June I did not have a lot of rental income on it.
Thanks for any insight you can give.

A:

It depends on how you are going to show the new rental property on your tax return.

If you are going to show it on Schedule E as a regular rental property, you can’t claim Section 179 for the furnishings.

However, if you show it on Schedule C as a short-term rental property (average stay of seven days or less), you will be able to use Section 179 for the furnishings. 

This special rule, which I usually call the “motel exception,” and many tax pros overlook, makes the activity not considered to be a passive one and thus not subject to those deductible loss limitations.  You do need to be actively involved in the operation of the property to be able to claim the losses. 

Another big benefit of this approach is to generate self employment losses on the rental Sch. C to offset self employment income from other business activities, such as real estate sales.

Good luck.  I hope this helps.

Kerry Kerstetter 

Posted in 1031, 179 | Comments Off on Section 179 & Rental Properties

Posted by taxguru on January 19, 2005

Tax cuts will be meaningless if this were to come true:

Posted in Uncategorized | Comments Off on