
Archive for December, 2005
AARP doesn’t care about younger generations
Posted by taxguru on December 22, 2005
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Posted by taxguru on December 21, 2005
State Budgets Boosted by Bush Tax Cuts, Analysts Say – Just another example of the fact that lower Federal tax rates stimulate more economic activity, resulting in more tax dollars.
Sarbanes-Overkill – John Stossel looks at the biggest beneficiaries of the SOX laws, accountants.
Tax Practice Across State Lines – As I’ve mentioned a few times before, Spidell has been following the issue of whether CPAs who prepare out of state tax returns need to be licensed by those states. In this latest announcement, Spidell links to Art Berkowitz’s website, where he has an Excel sheet available for download that shows the rules for each state for both individual and business income tax returns.
After looking over his spreadsheet, it seems that the rules are still very nebulous, with some states allowing out of staters to prepare tax returns, as long as they don’t use their CPA designation, and others that don’t want to regulate unless you actually step foot inside the state. As someone who prepares tax returns for dozens of states that I never visit, I’m not planning to go through any more licensing than what I already have with Arkansas and the PRC.
New IRS Stats Show Bush Tax Cuts Shrinking Revenues, Magnifying AMT – Does anyone else smell some book cooking here? This is a very different spin on the numbers than other reports have shown.
Tax Cut Conference to Wait Until February, Grassley Says – There’s nothing better for tax planning than mid-year changes in the laws.
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Manufacturing Tax Gap Figures
Posted by taxguru on December 21, 2005
I’ve written several times of how the IRS pulls numbers out of thin air as the supposed tax gap in order to justify more power for that agency, as well as how the media slavishly accept those figures without any kind of skepticism. A new fictional tax gap is in the works now.
Ohio CPA Dana Stahl writes:
Mr Guru – more BS on the so-called “tax gap”. At least, I’m on the right track, aren’t I? I wonder who can be approached to challenge the thrust of this article.DS, CPA
My Reply:
Dana:
I saw a summary of that report yesterday and figured right away that this was another case of our rulers comparing apples and oranges. There are so many ways to calculate the value of economic activity in this country (GNP and GDP are just two), that it is impossible to match any of them up with what is shown on income tax returns. Anybody who claims that such a comparison is possible has been smoking far too much wacky weed to be trusted.
As we have seen for several years, the mainstream media don’t care one whit about accuracy when it gets in the way of their agenda. Giving more power to the IRS has obviously been their goal for a very long time, and anything they can use to bolster that argument will be used regardless of its legitimacy.
Kerry
More from Dana:
Mr Guru -couldn’t agree more. The MSM just pisses me off royally, with their obvious bias & agenda (yet they continue to deny such!). Fortunately, there are more options today, with the internet, talk radio, etc. to at least get the true word out.DS
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Fake IRS Notices
Posted by taxguru on December 21, 2005
Snopes.com looks at the recent wave of phony IRS emails trying to convince people to reveal their Social Security numbers and credit card info.
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Exchanging Into Less Expensive Property
Posted by taxguru on December 21, 2005
Q-1:
Subject: Exchange QuestionState: CTMy parents own our business building. It is a corporation I believe.Are corporations not allowed to do the exchange thing.If they sell the original big building and buy a smaller building can the save tax money with the 1031 exchange?Lets say they sell the building for 1 million.Buy a smaller building for 300,000Can they save on taxes for the 300,000I assume they are on the hook for the 700,000 difference.
A-1:
Corporations can do 1031 exchanges just as individuals can.
The rule to avoid all of the tax is to replace with like kind property costing at least as much as the net sales price of the old property. When you trade down, you are required to report as taxable income the unreinvested portion or the actual gain, whichever is lower.
In your example, you left out a crucial figure, the adjusted cost basis (after depreciation) of the old property. Basically, if it is less than $300,000, acquiring a $300,000 replacement property would result in some of the gain being deferred (rolled into the new property).
If the adjusted basis is over $300,000, such an exchange would make no sense tax-wise, because the overall profit would be less than $700,000.
Something else to keep in mind is the fact that 1031 exchanges don’t require a one for one swap. The corporation could acquire multiple properties totaling more than $1 million and defer all of the profit.
The corporation’s tax accountant should be able to work the various what-if scenarios, using the actual numbers, most efficiently for you.
Good luck.
Kerry Kerstetter
Q-2:
Thanks Kerry.Do you do phone meetings for 15-30 minutes type thing for a fee?
Further details:
Parents have a realty company called T&J Realty.
They own the building. Bought in 1975. Mortgages all paid off.
I am pretty sure it is depreciated big time.
If they bought it for $300,000 back then. What is the tax savings for this:
Building sells for 1.4 million in March 2006.
They buy smaller building for $300,000 in April 2006.
I know they get whacked by the state plus uncle sam big time on capital gains. Over 30 % I think.
A-2:
Unfortunately, we are still too backed up to be able to accept any new paying tax or consulting clients.
The best person to do calculations such as you are requesting would be their normal corporate tax accountant, so that s/he can properly take into account the depreciation on the building, as well as any possible operating or capital loss carry-forwards that might offset some of the potential gain.
Another option that should be considered is an installment sale, where a good portion of the sales price is carried back in a note. This will allow the taxable capital gain to be spread out over the next several years; ideally keeping it in lower tax brackets than would be the case if all of the money is collected in the first year.
Kerry Kerstetter
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Gifts For IRS Employees
Posted by taxguru on December 21, 2005
Andy Roth at Club For Growth passes along this T-shirt on eBay for those IRS employees on your gift list.

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Posted by taxguru on December 20, 2005
The Good, the Bad and the Ugly Of Pay-Option ARM Loans
San Leandro tax preparer pleads guilty to bogus write-offs
Taxing battle over Botox – A tax on vanity would hit people like John sKerry right smack in their faces.
IRS Warns of Questionable Deductions for Donated Vehicles – Need to work with the new Form 1098–C for proper value to deduct.
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Dirty SOX
Posted by taxguru on December 20, 2005
From Ohio CPA Dana Stahl a few weeks ago:
Subject: NYSlimes article on SOXMr Guru – thought you’d like this article in the Slimes on SOX. I haven’t really followed SOX, since it doesn’t really impact my firm. Regardless, this article lauds SOX, as you’ll read. However, when I see the media praising something, I’m already suspicious. What do you think of SOX and of this article. In your prospective, is the author getting it right? Has SOX been beneficial or a bust? Perhaps you can address this in the blog.DS, CPA, ABA, ATA, ATP
Dana:For the same reasons as you have, I haven’t been following the details on SOX as closely as I would have been a few decades back, when I was an internal auditor for a publicly traded corporation, where I helped prepare the 10Q and 10K reports.
However, the cursory mentions I have seen over the past several months gave me the impression that it was the same as other attempts by our rulers to legislate ethical behavior; a lot of window dressing with no real tangible effects other than to increase the paperwork. Plenty of loopholes still allow enough opportunity for creative book cooking to continue.
I share your skepticism of trusting anything the DemonRats’ official news organ says. If the NY Slimes claims something is good, the best interpretation is that it is counter to basic principles of capitalism.
I saw another good look at this by Joe Kristan, Jack Ciesielski and Dan Meyer on their blogs:
http://tickmarks.blogspot.com/2005/12/sec-head-cox-accounting-rule.html
http://www.rothcpa.com/archives/001506.php
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=794831
http://www.accountingobserver.com/blog/2005/12/the-complexity-conundrum/
They seem to share our doubts that SOX has accomplished anything more than adding additional complexity to the accounting game.Kerry
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Posted by taxguru on December 19, 2005
How You Can Create Your Own Charity
IRS to Raise Some User Fees in 2006
The Feds Bust Some More Tax Scammers Who Lured In Gullible Fools:
Institute of Global Prosperity’s offshore bank account scheme
Hawaiian woman who sold tax fraud schemes to military personnel
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Retirement Plans
Posted by taxguru on December 19, 2005

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