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Top IRS Triggers for Small Businesses

By Tax Law

An IRS audit: few things strike as much terror in the hearts of small business owners than this simple phrase. You try to do your taxes accurately and on time, or maybe you have an accountant to prepare your taxes on your behalf. Though mistakes can happen, there are a few areas that are the more likely than others to trigger a visit from the IRS auditing staff. Below are five such triggers you’ll want to avoid if at all possible when preparing your taxes.

1. Simple errors. Simple errors, like writing your Social Security number on your return incorrectly can bring your return to the attention of the IRS auditors. Likewise, mathematical errors on your return, especially in totaling your income, can bring on an audit.

2. High income. Do you report more than $1 million in earnings? Prepare for an audit. According to the IRS, an average of 8.5 percent of the people in this income bracket will be audited.

3. Home office deduction. If you truly use your home office exclusively for business be prepared to prove it. This often-misused deduction can also trigger an IRS audit. So, if your office is also your guest bedroom, maybe you want to rethink taking this deduction.

4. Reporting incorrect income. Did you remember to report all of your income? The IRS gets a copy of all W-2 and 1099 forms. The IRS compares these documents on a random basis to income reported on tax returns. If there’s a discrepancy, expect an audit. Because of this, if you receive an inaccurate tax document, be sure to get it corrected before you file your taxes.

5. Certain industries. Those who work in some industries, primarily those that deal in cash, like beauty salons, home contracting and restaurants, are more likely to be audited than those who work in other types of jobs.

Taxes are a fact of life. Knowing which areas of your return are likely to draw the attention of the IRS can help you prepare for next year.

 

For more information on your tax return and charitable donations, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.

Supreme Court DOMA Decision Affects Estate Planning for Same Sex Spouses

By Elder Law, Estate Planning, Tax Law

The Supreme Court of the United States’ ruling that a portion of the Defense of Marriage Act (“DOMA”) is unconstitutional may allow same sex spouses who were legally married under state law at the time they filed individual Federal income tax returns to amend past tax returns and receive a refund.  The DOMA ruling’s implications will also affect the gift and estate tax marital deduction, portability of a spouse’s estate and gift tax credit, retirement benefits, and the future tax filing status for same sex spouses.  Many tax experts believe that the Court’s ruling has retroactive effects.  This means that same sex spouses may be able to amend previous tax returns to claim refunds for prior tax years if the taxpayers can show that they would have paid less if the marriage had been recognized by the IRS.  Same sex couples can contact tax expert Fred Jacobs at Bach & Jacobs to review the effect that the Supreme Court’s decision may have on their federal taxes.

What is the Effect of Prior Gifts on Inheritances?

By Elder Law, Estate Planning, Tax Law

Question: My widowed father recently died and his will directed that his estate should be split between my brother and me.  My brother is well off, where I have struggled financially.  To help me out over the last few years my dad gave me his car and several cash gifts.  Will those prior gifts be counted against my inheritance or will my brother and I still split the existing assets dad had at his death?

Answer: Whether those prior or “inter vivos” gifts will be counted against your inheritance depends on whether your father made a written declaration contemporaneous with the gifts that they were “advancements” against your inheritance.   If he did, or if you acknowledged in writing that they were indeed advancements to be counted against your inheritance, then the value of the car and cash at the time you received it could be used to reduce your inheritance after your father’s death.  Otherwise, these lifetime gifts are ignored and the assets remaining in your father’s estate are split equally upon his death.  To avoid confusion, it is best if your father had documented these gifts in writing.  Any lifetime gifts to an individual totaling greater than $14,000 in a calendar year should be reflected on your father’s tax returns.  The team at Bach & Jacobs assists families in administering estates after the passing of a loved one.  Contact Bach & Jacobs at (941) 906-1231 if you need assistance with probate administration.

Tax Advantages of Being a Florida Resident

By Tax Law

 There are many of tax advantages to being a resident of the State of Florida:

1.No state inheritance tax

2.No Florida state income tax

3.Can declare Florida residence as homestead.

4. Discount on real estate tax means first $50,000 tax free and a 3% annual cap

5. Plenty of sunshine to enjoy!

 

If you need legal advice for estate planning, Asset Protection Planning, or tax planning, please contact our office at (941) 906-1231 for an initial consultation.

Congratulations to Attorney Fredric C. Jacobs on Prestigious Award from Stetson Law

By Firm News

 On August 14, 2013, Florida Board Certified attorney Fredric C. Jacobs was honored with the “Distinctive Service as an Adjunct Law Professor” award for his service to the students and community of Stetson Law over the past five years. Mr. Jacobs has been practicing law for over forty years and has been committed to the learning and development of the up and coming legal minds of Stetson Law. We appreciate his dedication and are proud to have him as part of our Bach & Jacobs team.

If you need legal advice for estate planning, probate and trust administration, Medicaid planning, or VA benefits, please contact our office at (941) 906-1231 for an initial consultation.

What is a Thrift Savings Plan?

By Asset Protection Planning, Tax Law

 A thrift savings plan for federal employees and members of the armed services is like a 401K plan, rather than an IRA. It is funded with pre-tax contributions by the participant out of their paycheck.

Participants can borrow against their account balances and the repayments are deducted from their pay checks.

If over age 59.5, participants can withdrawal their balances while in service without penalty. If under age 59.5, withdrawals can only be made for financial hardship.

Upon separation from the service, the participant can roll over the account balance or withdraw the balance in installments or in a lump sum. If under age 59.5, the withdrawals upon separation of service will result in a penalty if not rolled over. Another alternative upon separation of service is to keep the money in the thrift savings plan until age 70.5, at which time the entire account has to be withdrawn or rolled over.

This is all pre-tax money and will be subject to income taxes when the account is liquidated.

For more information on your tax return and charitable donations, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.

Fredric Jacobs, Esquire to Lecture on Frequent Tax Issues

By Firm News, Tax Law

THE PROBATE & PUMPERNICKEL LUNCHEON

A Continuing Education Forum For Attorneys and CPA’s

LOCATION: The Francis- 1262 N. Palm Avenue, Sarasota, FL 34236

DATE: May 23, 2013

TIME: 11:45 AM- 1:30 PM

TOPIC: Some Federal Income Tax Issues Frequently Affecting Elderly Clients

PRESENTED BY: Fredric C. Jacobs, Esq. L.L.M.–Bach & Jacobs, P.A.

Respond  on or before May 19, 2013.  Call Lisa Aaron, Probate and Pumpernickel Coordinator, at 561-803-2007. The above qualifies for CLER and/or Board Certification Credits.

 

Can an Adult Child Deduct the Medical Expenses Paid on Behalf of their Parent on their 2012 Tax Returns?

By Tax Law

Yes, a child can deduct medical expenses they paid on behalf of their parent (even if the parent doesn’t qualify as one of their dependents, doesn’t live with them and has a gross income that exceeds $3,800 for tax year 2012) if the child provided over half of the parent’s total support during the tax year. Assuming that the child paid more than 50% of their parent’s total support during this tax year, then the medical expenses paid on the parent’s behalf in excess of 7.5% of the child’s Adjusted Gross Income (AGI) are deductible on the child’s individual income tax returns as itemized deductions.

If you need legal advice for estate planning, Asset Protection Planning, or tax planning, please contact our office at (941) 906-1231 for an initial consultation.

IRS Expedites Charity Applications and Urges Use of Existing Charities

By Tax Law

As part of the administration’s efforts to bring all available resources to bear to support state and local partners impacted by Hurricane Sandy, the Treasury Department and the Internal Revenue Service today announced that an expedited review and approval process will be offered for organizations seeking tax-exempt status in order to provide relief for victims of Hurricane Sandy. The IRS also continues to encourage people to use existing organizations currently working on immediate aid efforts.

Organizations should apply for tax-exempt status by filing IRS Form 1023 and write at the top of the form “Disaster Relief, Hurricane Sandy.” The IRS will give such applications expedited attention and ensure they meet the legal requirements for tax exemption. Organizations seeking to provide relief for victims of Hurricane Sandy that have already submitted an application can fax a request labeled “Disaster Relief, Hurricane Sandy” that includes the organization’s name, Employer Identification Number, contact name and phone number to 513-263-4554 in order to be given the same expedited handling.

The IRS reminds people that existing charitable organizations, including churches and other places of worship, are frequently able to administer relief programs more efficiently than newly formed organizations, since they tend to already have fund-raising and distribution infrastructures in place.

The web site of the Federal Emergency Management Agency (FEMA) offers a list of organizations that provide support to victims of Hurricane Sandy.

For more information on your tax return and charitable donations, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.

Treasury and IRS Announce Special Relief to Encourage Leave Donation Programs for Victims of Hurricane Sandy

By Tax Law

As part of the efforts to bring all available resources to bear to support state and local partners impacted by Hurricane Sandy, the Treasury Department and the Internal Revenue Service today announced special relief intended to support leave-based donation programs to aid victims who have suffered from the extraordinary destruction caused by Hurricane Sandy.

Under these programs, employees may donate their vacation, sick or personal leave in exchange for employer cash payments made to qualified tax-exempt organizations providing relief for the victims of Hurricane Sandy.

Employees can forgo leave in exchange for employer cash payments made to qualified tax-exempt organizations before Jan. 1, 2014. Under this special relief, the donated leave will not be included in the income or wages of the employees. Employers will be permitted to deduct the amount of the cash payment.

The IRS continues to monitor the situation and will provide additional relief related to Hurricane Sandy as needed.

For more information on your tax return and charitable donation, visit www.irs.gov. Please contact our office at (941) 906-1231 for an initial consultation if you need legal advice.