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2017 TCJA Allows Small Businesses to Expense More

The Internal Revenue Service reminded small business taxpayers in IR-2018-223 that changes to the tax law mean they can immediately expense more of the cost of certain business property. Many are now able to write off most depreciable assets in the year they are placed into service.

The Tax Cuts and Jobs Act (TCJA), passed in December 2017, made tax law changes that will affect virtually every business and individual in 2018 and the years ahead. Among those for business owners are tax rate changes for pass-through entities, changes to the cash accounting method for some, limits on certain deductions and more.

Section 179 expensing changes

A taxpayer may elect to expense all or part of the cost of any Section 179 property and deduct it in the year the property is placed in service. The new law increased the maximum deduction from $500,000 to $1 million. It also increased the phase-out threshold from $2 million to $2.5 million. These changes apply to property placed in service in taxable years beginning after Dec. 31, 2017. For most businesses, this means the 2018 return they file next year.

Section 179 property includes business equipment and machinery, office equipment, livestock and, if elected, qualified real property. The TCJA also modifies the definition of qualified real property to allow the taxpayer to elect to include certain improvements made to nonresidential real property. See New rules and limitations for depreciation and expensing under the Tax Cuts and Jobs Act for more information.

New 100 percent, first-year ‘bonus’ depreciation

The 100 percent depreciation deduction generally applies to depreciable business assets with a recovery period of 20 years or less and certain other property. Machinery, equipment, computers, appliances and furniture generally qualify. The law also allows expensing for certain film, television, and live theatrical productions, and used qualified property with certain restrictions.

The deduction applies to business property acquired after Sept. 27, 2017, and placed in service after Sept. 27, 2017, and before Jan. 1, 2023. In general, the bonus depreciation percentage is reduced for property placed in service after 2022. See the proposed regulations for more details.

Taxpayers may elect out of the additional first-year depreciation for the taxable year the property is placed in service. If the election is made, it applies to all qualified property that is in the same class of property and placed in service by the taxpayer in the same taxable year. The instructions for Form 4562, Depreciation and Amortization, provide details.

Need TCJA 2017 Tax Help?
 
We Can Advise on How These Tax Cuts Can Benefit You!
 
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Read more at: Tax Times blog

Settle Your Back Taxes for a Fraction of What You Owe! – OIC

Settle Your Back Taxes for a Fraction of What You Owe - Tax Evaluation Waiting! Stop IRS Collections Now.”
--Google search ad results, September 2018

According to -  what’s true about  the above mentioned search term is that the IRS has a program that allows taxpayers to settle their tax debts for less than the amount they owe. The formal name for this tax debt settlement program is the IRS Offer in Compromise. That brings us to what’s false.

Despite ads that imply the OIC is a common and reasonable solution for many people, the reality is that few people qualify for this program. In fact, while more than 16 million people and 3 million businesses owe the IRS, only 25,000 settled their tax debts using the OIC last year.

The reason is simple: From the IRS perspective, most taxpayers can afford to pay their taxes with their current assets or over time or with a payment plan, so those people wouldn’t qualify for an OIC. Every year, millions of taxpayers pay their taxes on monthly payment plans.

 

The OIC program is geared toward a narrow segment of taxpayers, people who will never be able to pay all of the debt with their future income or assets before the IRS runs out of time to collect it (generally 10 years from the date the tax was assessed). For most people, there are IRS alternatives to the OIC that work out much better for their situation.

Next year, it will be more important than ever for taxpayers to understand their IRS payment options. In 2019, the IRS projects that 3 to 4 million new taxpayers (on top of the 30 million who already file with a balance due) will owe taxes due to tax reform and a growing gig economy. These basics will help taxpayers choose the right option with the IRS.

 
For more information regarding OICs go to -
 
 Have an IRS Tax Problem? 
 
   
Contact the Tax Lawyers at 
Marini & Associates, P.A. 
 
 
for a FREE Tax HELP contact us at:

Toll Free at 888-8TaxAid (888) 882-9243
 
 

Read more at: Tax Times blog

Pharmacists Writes $5 Million Employment Tax Fraud Prescription Resulting in 41 Months of Jail Time

According to the DOJ a Collinsville, Virginia pharmacist pleaded guilty to failing to account for and pay over employment taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Thomas T. Cullen for the Western District of Virginia.

According to court documents, Jerry R. Harper, Jr., 61, owned and operated Family Discount Pharmacy, Inc. (FDP) in Stanleytown, Virginia, with multiple locations in Stuart, Rocky Mount, Chatham, and Brosville, Virginia.  As owner of FDP, Harper was responsible for collecting and paying over FDP’s employment taxes. 

From 1998 through 2014, FDP Accrued Employment Tax Liabilities of More Than $5 Million.

 

Harper Withheld These Taxes from FDP Employees’ Wages, but Did Not Pay the Taxes to the Internal Revenue Service.

 

In over 15 years, Harper only filed one employment tax return with the IRS.
Harper admitted that instead of providing the employment taxes to the IRS, he caused FDP to pay his personal expenses.  For example, Harper wired over $1 million to his personal bank account, made over $500,000 in stock market investments, spent over $100,000 on his son’s pharmacy school tuition, and purchased over $370,000 of real property in Virginia and North Carolina.  Harper also used part of the money to purchase a Jeep Grand Cherokee and a jet ski.
 

 

“Today’s Guilty Plea Sends a Clear Message That This Type of Conduct Will Not Be Tolerated,”

Said Principal Deputy Assistant Attorney General Zuckerman.

“Employment tax violations represent tens of billions of dollars in lost revenue to the U.S. Treasury and the Justice Department is committed to prosecuting individuals involved in these tax frauds.”
 
On November 16, 2018 He Was Sentenced to 41 Months inPrison for Failing to Account for and Pay over Employment Taxes.

 
In addition to the term of imprisonment, he war ordered to serve 2 years of supervised release and to pay restitution in the amount of $5,069,555.73 and a fine of $25,000.00.
 
 Have a Criminal Tax Problem?
 
 
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Read more at: Tax Times blog

Bank Leumi Hands Over Another US Depositor to the IRS

According to DoJ, Israel Birman pleaded guilty on November 14, 2018 in U.S. District Court for the Central District of California to filing a false federal tax return on which he failed to report interest income he earned from bank accounts at Bank Leumi Le-Israel B.M.
 
According to court documents, between 2006 and 2014, Israel Birman held offshore bank accounts in Israel at Bank Leumi and Israel Discount Bank.  The accounts had balances over $10,000 each year, which required the filing of Reports of Foreign Bank and Financial Accounts (FBARs) with the Department of the Treasury.

In 2013, Israel Birman’s bank accounts at Israel Discount Bank had a total value of over $3.4 million. Israel Birman did not file FBARs for 2006-2014. Israel Birman instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans from Bank Leumi USA collateralized by his undeclared Bank Leumi funds.

In 2009 and 2010, Israel Birman earned taxable interest income on his Bank Leumi bank accounts totaling over $187,000. He failed to report that interest income on his 2009 and 2010 federal tax returns.

“The Department Of Justice Continues to Vigorously Investigate and Prosecute Offshore Account Holders

Who Maintain Undeclared Accounts and Willfully Ignore
Their US Reporting and Tax Obligations,”
Said Principal Deputy Assistant Attorney General Zuckerman.
 

In December 2014, Bank Leumi entered into a deferred prosecution agreement after the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other locations around the world. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.

Sentencing is scheduled for January 28, 2019. Birman faces a maximum sentence of 3 years in prison, as well as a period of supervised release, restitution and monetary penalties.

As part of the plea agreement, Israel Birman has agreed to pay a civil penalty of not less than $1,709,883, representing 50% of the balance in his Israel Discount Bank account in 2013.

Do You Have Undeclared Offshore Income?
 
 
Is Your Name Being Handed Over to the IRS?
  
Want to Know Which Remaining OVDP Program is Right for You?
 
 
Contact the Tax Lawyers at 
Marini& Associates, P.A.  
 
 
 
for a FREE Tax Consultation Contact us at:
or Toll Free at 888-8TaxAid (888) 882-9243


 

Read more at: Tax Times blog

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