Fluent in English, Spanish & Italian | 888-882-9243

call us toll free: 888-8TAXAID

Blog

Professional Golfer Sergio Garcia “Whiffs” Tax Case regarding US Tax on “Image Rights”

March 19, 2013

The US Tax Court has ordered professional golfer Sergio Garcia to pay tax on endorsement income he had claimed was tax-free under the US-Switzerland tax treaty.

The court decided Garcia's contract with his sponsor TaylorMade had attributed too much of the money to royalty payments for image rights, which the treaty exempts from US tax.

 
Garcia entered into a seven-year endorsement agreement with sponsor TaylorMade Golf Co. (TaylorMade), allowing TaylorMade to use his image, name, and voice - "image rights" in advertising and marketing campaigns worldwide.

Garcia also agreed to perform personal services for TaylorMade including using its products in all his golf play, posing and acting for advertisements, and making personal appearances for the company.
In return for his services and use of his image rights, TaylorMade agreed to pay Garcia a base compensation of $7 million during the years at issue.

The original endorsement didn't specify the percentage of remuneration attributable to personal services or "image rights."

In a later amended agreement provide for 85% of the compensation to be allocated to royalties for his "image rights" and 15% to personal services.

Garcia paid no U.S. tax on the royalty payments and paid lower tax rates under Swiss law. He did, however, pay U.S. tax on the U.S.-source personal service payments, of which he reported a portion on Forms 1040-NR.

IRS challenged the 85%-15% allocation between royalty and personal service payments, claiming that the royalty portion was overstated and issued Notice of Deficiencies in the amount of $930,249 and $789,518 for tax years 2003 and 2004, respectively.

The court held that:

1. Compensation paid by TaylorMade under the endorsement agreement is allocated 65%to Royalties and 35% to Personal Services.

2. None of the Royaltycompensation is taxable to petitioner in the United States, but

3. All of the U.S. source Personal Service compensation is taxable to petitioner in the United States based on his failure to timely raise the issue of whether the golfer's U.S.-source personal service income was exempt from U.S. tax.

Don't Want Your Tax Planning to be a "Duffer"?

Contact the Tax Lawyers at
Marini & Associates, P.A.
 
 

for a FREE Tax Consultation at: www.TaxAid.usor www.TaxLaw.msor

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

Sources:

Sergio Garcia, (2013) 140 TC No. 6

Bloomberg

Forbes

 

Read more at: Tax Times blog

Criminal Tax Investigations On The Rise!

March 13, 2013

Here we are in March and as many CPA's can tell you it is Tax Time.  That is right Tax Time. The time of year, when the vast majority of taxpayers are about to file their tax returns. 
It is also the same time of year that the IRS likes to announce the names and details of taxpayers (or more likely Non-Taxpayers), who were recently Criminally Prosecuted by the Goverment for not paying their taxes.  Coincidentally, there also is a noticeable uptick in criminal indictments and in convictions for tax crimes at this time of year.

On Wednesday, March 28,2012 we posted that the "IRS Releases FY 2011 Data Book." This data book, in addition to providing various other interesting information about the IRS, also contains a report of the IRS' Criminal Prosecutions for the 2011 & 2010.

The Data Book reported that in 2011: these

  • The IRS initiated 4,720 criminal investigations.
  • There were 3,410 referrals for prosecution
  • There were 2,350 convictions.
  • Of those sentenced, 81.7% were incarcerated (a term that includes imprisonment, home confinement, electronic monitoring, or a combination thereof).

By way of comparison, in FY 2010:

  •  the IRS initiated 4,706 criminal investigations
  • there were 3,034 referrals for prosecution, and
  • there were 2,184 convictions.
  • Of those sentenced, 81.5% were incarcerated.

More than 80% of criminal tax fraud cases resulted in jail time in 2012, which shows judges are willing to hand out stiffer penalties than probation.

So as you sit down to figure your taxes for 2012 and somehow you are thinking of underreporting your income or not filing at all, ask your self:

Do You Feel Lucky Punk?

 

Have Criminal Tax Problems? 　

Contact the Tax Lawyers at Marini & Associates, P.A.

 
for a FREE Tax Consultation at: www.TaxAid.us or www.TaxLaw.ms or
 
Toll Free at 888-8TaxAid (888 882-9243).

Read more at: Tax Times blog

US Court Orders Wegelin a Total Penalty of $74.3 MM!

March 11, 2013

 
A U.S. court on March 4, 2013 sentenced Wegelin & Co, the oldest Swiss private bank, to pay an additional $58 million after it admitted to helping wealthy Americans evade taxes. 

The amount was in addition to the $16.3 million in forfeitures already obtained by authorities after the federal government accused Wegelin of conspiring to assist U.S. taxpayers hide $1.2 billion in secret Swiss bank accounts; bring it’s total combinedPenalty to $74.3 million. 
The case marked the first time U.S. authorities had indicted a foreign bank and subsequently obtained a guilty plea and sentence for facilitating tax evasion. 
 
The government previously obtained a $780 million settlement with UBS AG in 2009, and tax probes continue of other Swiss banks including Credit Suisse Group AG and Julius Baer.

Wegelin, which according to the indictment had $25 billion in assets at the end of 2010, said at the time of its guilty plea in January said it would close.

The Swiss Financial Market Supervisory Authority required Wegelin to reserve 100 million Swiss francs ($107 million) to resolve the U.S. investigation, in order for them to approve its sale of assets.
 
 

Secret Foreign Investments Keeping You Awake at Night?

Want to get right with the IRS?
Contact the Tax Lawyers at Marini & Associates, P.A.

for a FREE Tax Consultation at www.TaxAid.us or www.TaxLaw.ms
or Toll Free at 888-8TaxAid (888 882-9243).

 

Source:
 
Reuters

Read more at: Tax Times blog

The IRS Revokes Amnesty to US Taxpayers With Israeli Bank Accounts…They Must be Feeling Faclept?

March 11, 2013


On Monday, January 14, 2013 we poste The Long Arm of the IRS Reaches Israeli Shores - Oy Vey! which discusses the IRS activity as it relates to US Taxpayers with Secret Israeli Bank Accounts. 

Now we have heard that theInternal Revenue Service this week sent faxes to tax attorneys nationwide informing them that clients who were previously accepted into its criminal amnesty program for those who disclose once-secret offshore accounts, have “upon further review” been disqualified. The faxes, signed by John R. Tafur, director of of Global Financial Crimes at the IRS’ Criminal Investigation division, affect dozens of American taxpayers who had undisclosed accounts at Bank Leumi le-Israel Ltd., Israel’s largest bank.

An IRS spokesman said in a statement: "There are a number of reasons why a taxpayer may be disqualified from participating in the IRS' offshore disclosure program." The spokesman said the IRS cannot comment on specific cases.

Maybe it is because Bank Leumi is believed to be cooperating now with U.S. prosecutors. On Monday March 11, 2013, Bank Leumi announced it will take a charge of 340 million shekels ($91 million) to cover the expense of investigations that are being conducted by the U.S. authorities concerning customers who are U.S. taxpayers.

Some clients of Israel's Mizrahi Tefahot Bank have also been disqualified from the program, as well.

A U.S. crackdown on Americans using offshore banks to avoid taxes began with Swiss banks, but has widened to Israel.

Failing to disclose a foreign account on a 1040 is a criminal offense. In January 2012, the IRS revived the voluntary disclosure program, which remains open which provides that in return for escaping criminal charges, taxpayers accepted into the current version of the OVDP must file eight years of amended tax returns, pay all back taxes, interest and penalties due (including a 20% accuracy penalty on offshore-related underpayments) and pay an FBAR penalty equal, in most cases, to 27.5% of the maximum held in the undisclosed offshore accounts during the eight year period.
If the IRS already has a taxpayer under audit, is investigating a taxpayer, or has his name on a list of taxpayers with secret accounts (for example, one obtained as a result of a John Doe summons to a foreign bank or a tax preparer), he isn’t eligible for the OVDP.
Criminal clearance letters are issued by the IRS’ Criminal Investigation division based on its checks of both criminal and civil proceedings. Many Israeli Bank Clients have already received their criminal clearance letter for the OVDP and are now being informed that they are invalid.

The IRS CI knows exactly what they are doing in rescinding the previously granted clearance. It appears to be part of a larger situation regarding the investigation of Bank Leumi, its representatives, etc. Many of the taxpayers not only gotten written criminal clearance letters as a result of  participating in the OVDP, but had also have proceeded to submit a complete disclosure including amended returns, FBARs, account information, etc.

Ironically, Bank Leumisent a letter to its U.S. account holders last December telling them about the OVDP and suggesting they consult with an attorney about participating in it.  
The IRS’ sudden Bank Leumi flip flop, could have profound consequences for the offshore disclosure program, making those with hidden accounts less willing to come forward.


Have unreported income from an Israeli Bank?
Felling a Bit Faclept?
 
Contact the Tax Lawyers at Marini & Associates, P.A.
 
 
for a FREE Tax Consultation at: www.TaxAid.us or www.TaxLaw.ms or
Toll Free at 888-8TaxAid (888 882-9243).



 



Sources: 

Reuters

Forbes

 

Read more at: Tax Times blog

Live Help