Laws That Punish The Innocent, Are Really Just Another Form of Hidden Taxation

I was recently pulled over for speeding, but was I really?

Speed Trap

Speed Trap

 

Well, yes, technically I was speeding, but I wasn’t accelerating.  In fact, my foot was on the brake, so how can I be speeding?  Ironically of the three cars going down the street, I’m the only one that got a ticket.  The real kicker was that I was going slower than the other two cars (as they were pulling away from me since I was behind them), but I’m the one that got pulled over.  Why?  Because I was easy prey since my car was the last of the three cars going down the street.

Now the officer that pulled me over gave me a warning because of some decent verbal dancing, and the points that I made (or so I like to believe), but I’m sure others did get a ticket.

In many ways it’s very hard to go exactly 25 mph down the road that I was on.  My wife is constantly drifting to over 30 mph on that road, and I’m sure she is sick of me continually warning her (after all, I don’t want to get a real speeding ticket)!

The experience made me think of how many innocent people fall victim to such laws that seem like a hidden tax that exists to make the city money?  In my case, I actually get yelled at from my family for driving as slowly as I do.  So what a huge irony it would be for me to get a speeding ticket!

About 5 years ago, I got a small fine for parking in front of my house out on the street.  Apparently, unlike other cities, my city has a law that says you can’t park out on the street after a certain time.  Of course that’s not common knowledge… how unfair in my opinion…

Then we have the seat belt law, which I have huge disagreement with.  What if I were overweight and had problems with the belt?  I bet I would still get a ticket from an overzealous police officer.

Then you have complexities with the Taxing system.  Shoot, even Tim Geithner screwed up with hiring a housekeeper without paying taxes (along with others in the government).  I think it’s funny that top government officials can’t even avoid messing up the law.  I wonder why others in government don’t realize how bad it make us look when even top government officials cannot follow these incredible complex laws?  Are they bad guys too, or just victims like most of us of an complex legal system.

I starting to wonder if such complex and nonuniform laws are just a way to increase the revenue base for the various forms governments?  I wonder how much money a city brings in ticketing “speeding” drivers and other unusual laws?  I bet the revenue from ticketing and fining people that aren’t really bad guys is much higher than imagined.  To me it’s starting to seem like a another type of taxation, albeit hidden…

Thanks for listening to my rant,

MR

 

Top 10 Tax Audit Red Flags & Understand How To Avoid an IRS Audit

Top 10 Tax Audit Red Flags & Understand How To Avoid an IRS Audit

Did you know that the IRS assigns a numeric tax score to every return they receive? Scores that are higher than a predetermined number are closely reviewed and considered for an audit. Additionally, the IRS has a complex matching system which matches third party documents with the information you provide them; any differences are typically examined. For this reason, you need to be aware of the IRS processes that trigger red flags and the most common audit flags.

Discriminant Function System (DIF)

One of the main methods the IRS uses in choosing which tax returns are going to be audited is through a computer program called the Discriminant Inventory Function System. This system performs statistical analysis on each tax return based on many different factors and will sort out the tax returns that likely contain errors, which will result in a change in the tax liability that is owed. Unfortunately, this system gets more and more complex with each passing year and people who used to evade the IRS now have a lower probability. The system goes as far as comparing your income with similar professions in the same geographic location to ensure the income your reported is about equal.

IRS Matching System

The IRS also correlates the information you provide them with third party documentation that is received. For example, if you receive a W-2 or 1099, it is required that the person who provided you with the W-2 or 1099 also report that information to the IRS. Once the IRS receives your information and the third party documentation, they will begin the matching process. This ensures that individuals do not avoid reporting income they received for work they did.

Now that you understand the methods used by the IRS to determine which tax returns to select for audit, below are several tax audit red flags that trigger a high DIF or throws off their tax information matching process:

  1. Large change in income: The IRS believes that your income should be consistent from one year to the next, for the most part. If there are large changes in income, that cannot be backed up by your 1099s or W-2s, this is a major audit red flag. Of course, there is nothing wrong with these changes if it can be supported with the proper documentation.
  2. Rounded numbers: It is very unlikely that your mortgage interest, for example, will be a round number. If you are in the habit of rounding every number, the IRS is going to view this highly suspicious. Simply stated, if you are rounding some numbers, the IRS believes that you are probably doing this with your return.
  3. Charitable donations: While the IRS accepts donations, and they are a great way of lowering your tax liability, it is important that you do not abuse the system. The IRS has found over the years that many people embellish their donations. They know what the average donation is for a person in your income bracket, and keep this in mind as your return is “scored.”
  4. Those earning more than $100k: Earning as much money as you can is a goal that you share with many Americans. But did you know that those who earn more than $100k/year are 500 percent more likely to be audited? This is one of those loopholes in this income bracket, which you cannot change. Basically, it is a fact that the IRS audits taxpayers with a higher income at a higher rate.
  5. Job expenses: In most cases, if you are a W-2 employee you do not have the right to deduct job expenses. That being said, there are certain cases when this may be true. You must meet the following guidelines: total of all expenses exceeds two percent of your adjusted gross income; the expenses are deemed “ordinary and necessary”; and the expenses were not reimbursed. The IRS knows that most people do not meet these standards. In turn, this is a huge red flag anytime it is included on a tax return.
  6. Low income for your profession: The IRS knows how much somebody in your field earns on average. If you report income that is significantly less than this number, the IRS is going to throw up a red flag. If you get audited, but you did report all income, it may be time to ask for an increase in annual pay.
  7. Different information on your state and federal return: This is a no-brainer, but something that many people overlook. If the information you supply on your state and federal return are not the same, it goes without saying that you can expect red flags to be triggered all over your tax return. You must guarantee your information is consistent on both returns.
  8. Unreported income: The IRS makes it increasingly difficult for people to eschew reporting income each year, by preventing businesses in reporting the deduction of payment without providing proof of who received the payment. Some common income people fail to report are gambling winnings, investment income, dividend income, and 1099 income.
  9. High income: The IRS tends to audit individuals that make over one hundred thousand a year about 5 times more than individuals under this figure. It is vital for those in the higher tax brackets to be diligent in their documentation.
  10. Consistent Business losses: The IRS has a rule that you cannot deduct losses from a hobby on your tax return. You must be in business with the intent of making a profit. If the IRS deems that your “business” is actually a hobby, they will disallow the deductions. Typically losses from a business will trigger this flag and cause for further investigation.

Make sure you watch out for these ten tax audit red flags the next time you are filing a return or thinking about which documentation is important to save.

This guest post was provided by Manny Davis, a tax writer that provides his readers with IRS tax tips, news, guidance and more. His website guides people through various tax problems including tax penalties, unfiled tax returns, tax levies and more.

I Used To Love Doing Taxes

At one time in my history, I used to love doing taxes!  I would get a refund back, so I was happy to do my taxes very early.  Not anymore, this year will be the first year in a long time that I’ll own taxes…

The Past

Believe it or not, I would sometimes actually start doing my taxes in December, 4+ months before they were due!  I would plug in the income numbers that I thought I made and do everything else while I waited for the various tax forms.

Once I got all of the tax forms that I expected, I would do a software update (just to make sure it has any last-minute updates), and check over the amount expected.  Back then, I would always get a tax refund which I loved!

Times Have Changed

This past year I bought and sold a lot of stocks that had appreciated nicely….  Too nicely!  The combination of the realized capital gains on the selling of stocks, dividends from my dividend stocks, and the meager earnings from blogging means that I’m now going to owe taxes this year.

Why did I get a Tax Refund?

Back when I had more expenses, we would take zero allowances on our W2 forms.  Then we would scrap by during the year, and get a decent refund back at the end of the year.  Both my wife and I have some Accounting skills, so we know that on the surface it seemed like a dumb, wasteful move.  Why wasteful, you might ask?  Because by overpaying, the government gets free money that it (in theory) can earn interest on.

We didn’t care though, because, for us, we used it as a kind of forced savings account.  Yes an odd, no-interest paid savings account, but it was better than spending it, like we probably would have done.  Besides, once we got those refunds back, occasionally we would use the money as contributions to our Roth IRAs.

My Plan Going Forwards

Now that my stock transactions volume has increased and my taxes are becoming more complex, more than likely I’ll try Turbo Tax Deluxe before hiring an accountant.  The software would be able to identify all of the 2011 Tax Changes and I can import my stock transactions from my stock broker’s website.

What do you do to keep your taxes under control?

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Thanks!

-MR

Is The Roth IRA In Danger?

The Roth IRA is a great tool for the Middle class to ascend to a higher wealth level, if used over a long number of years.  So this leads me to ask “Is the Roth IRA in Danger?”

I ask this question because from the government’s perspective, a Roth IRA is a great option as long as it’s not too popular!  As more and more people start to use it, the government might start to miss the lost future tax revenue from the capital gains and dividends in Roth IRAs, especially when combined with the delayed taxes from 401K plans.

So what could the government do?

  • Do away with the entire option.  Of course those that exist would most likely be left intact.
  • Change the rules so that the Roth IRA is no longer beneficial for the US population to use.
  • Introduce the creation of a yearly fee associated with owning a Roth IRA, perhaps calling it a Retirement Existence fee.
  • Spawning of a new Federal Sales and Consumption Tax to make up for the loss in tax revenue from the various retirement accounts.
  • Special tax charged for each withdrawal from Roth IRA accounts, perhaps a set amount like $20 per transaction.

The possibilities for the government to tax us is only limited by the imagination of the taxing party in control.

Some would say, that the government wouldn’t do that because we wouldn’t re-elect the officials back into office, but hasn’t these past few years proven that argument incorrect?  For example, look at the Cap and Trade Tax (which stealthily increases taxes on all americans), this tax is very unpopular with the majority of americans.

Party lines will do as they please, they are odd that way (especially when they blame their unpopularity on the other party after years of being in office)!  It’s sad that the representative for each state don’t represent the people who elect them into office (kind of insulting for the state population too, it’s like of like them saying “you don’t know what’s best for you, evne those people who elected me in…“).  This is why the previous seats that were held by the democrats were lost (even in traditional democratic states) and why Republicans lose elections when the become to Pro-life (What does Pro-life vs Pro-choice have with running the government anyway?).

Is the Roth IRA in Danger?  I don’t know, but if the tax stream become to dry for the government, they may try to counter it in some way.

-MR

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Update (1/11/11):  I wrote this article questioning if the government would somehow figure out a way to take away the loss of future taxes from Roth IRAs and other Retirement instruments, but that doesn’t mean that I don’t still use those vehicles!  I have and contribute to both a Roth IRA and a 401K plan.