Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for March 19th, 2006

IRS Attacks On High AGI Increase

Posted by taxguru on March 19, 2006

As I’ve pointed out for decades, the higher the adjusted gross income on your 1040, the more likely IRS will be to hassle you.  This is in addition to the fact that our rulers also have you in their cross-hairs by phasing out deductions, exemptions and credits for those they consider to be evil rich, as defined by high AGI. 

IRS Audits Increase By 21 Percent

IRS also says the number of audits of high-income taxpayers – defined as those with income of  $100,000 or more – reached 219,208, the highest figure in 10 years.

 

2005 IRS Data Book Details Rise in Audits – From IRS, reminding us all that Big Brother is watching us more closely than ever.

 

What to do about this? 

You can utilize income smoothing techniques, such as with C corporations, in order to keep your 1040’s AGI from reaching into the higher profile levels.   

You should make sure your books are in good shape and can support everything shown on your tax returns.  The best way to to do this is to have all of your records entered properly into QuickBooks.  Audits I have handled where the clients had their stuff in QB were completed very quickly and successfully.  Those for shoe-box clients drag on for years, costing huge amounts in fees and ultimately taxes. 

Work with a qualified tax professional. It is too dangerous to swim in the IRS shark infested waters alone. 

You also have the option to do nothing special to protect yourself from IRS hassles.  Some refer to that as the “ostrich” or “it can’t happen to me” approach.  These are often the same people whose retirement planning consists of buying lottery tickets.

 

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Using Exchange Proceeds

Posted by taxguru on March 19, 2006

 

Q:

Subject: Exchange Question

Hello,
 
 I own with another family member (50/50) some open land that is being developed.
 
When it sells I expect cap. gains of about 250k.  If there is a mortgage lein against the property does that loan reduce the net cap. gains?  is the loan a cost?
 
or do I pay off the bank and then the IRS
 
otherwise would do an exchange or TIC
 
Thank you,

A:

You and the co-owner of that property are looking at some huge tax bills if you don’t start working with a professional tax advisor to work out the best plan for your circumstances.

Paying off loans against the property will have no affect on the taxable gain.  Debt relief is considered the same as receiving cash in the eyes of the IRS.

If you are planning to do a 1031 exchange, you will need to reinvest a total amount equal to or higher than the net sales price, which will be close to the cash proceeds plus the debt relief.  While for most exchanges, this means that you will need to take on an equal or higher loan balance on the new property as you had on your old one, there are ways to have less debt if you invest more cash from other sources. 

If you and the co-owner have the current property in your individual names, you each have the option of doing a 1031 exchange on your share of the sale price regardless of what the other owner chooses to do.  If the property’s title is in the name of a corporation, LLC or partnership, either that entity will have to do an exchange or you will need to have the property’s title transferred into your individual names first.

Again, any experienced professional tax advisor can help you work out the actual numbers for your situation.

Good luck.

Kerry Kerstetter

 

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No Homework Questions

Posted by taxguru on March 19, 2006

 

Q:

Subject: Corporate Tax Rate Schedule

Hey Kerry,

I’m a student at Binghamton University and I’m trying to understand you’re tax rate schedule after looking at the 1120-W form.  What I’m having trouble with is how the rate resets at 335,000 and 18,333,334. 

The first makes sense, but I do not understand either the $550,000 at the second to last bracket, or the reset rate for all income over $18,333,334.

Thanks for any help,

Oh, and I’m doing this for a simulated 2% reduction in the corporate tax rate, just to let you know what I’m trying to do.

A:

This is a good time to repeat my long standing policy on not answering homework questions.  This has always been my online policy, going back several years ago when I was answering questions on the old AskMe.com website. 

I barely have time to address real life questions from many people; much less provide short-cuts for students who should be doing their own research and utilizing the resources they are paying for with their tuition. 

The answers to your questions are very easy if you work through the figures in the tax rate schedules.  If you can’t figure it out on your own, you should ask your professor or his/her teaching assistant to explain it to you.  That’s what they are there for.

Good luck.

Kerry Kerstetter

 

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