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Enforcement Revenue
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Fringe Benefits
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Telephone Excise Tax Refunds
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Filing Season Tax Minimization Ideas (box)
Lesli S. Laffie, J.D., LL.M.
From the IRS
Enforcement Revenue
The IRS collected a record $48.7 billion in
enforcement revenue in fiscal-year (FY) 2006, but, according to
Commissioner Mark Everson, the increase did not come at the expense
of compromising taxpayer services.
The Service will continue to improve collection
efforts and plans to pay particular attention to high-income
individuals, unincorporated businesses, exempt organizations and
transactions with an international element.
Statistics: The individual audit
rate rose to 0.98% during FY 2006, compared with 0.93% in FY 2005.
Audit rates for high-income individuals increased during FY 2006. A
total of 1.67% of individuals claiming income of $100,000 or more
were audited during the fiscal year, while nearly 1 in 16
individuals claiming $1 million or more in income were audited.
Persons claiming incomes of less than $100,000 were audited 0.89% of
the time.
Audits of companies with assets of less than
$10 million, S corporations and partnerships all increased during FY
2006, compared with FY 2005.
Examinations of companies with assets of more
than $10 million decreased 7.5%, to 18.6% generally; for companies
with assets of more than $250 million, audits decreased about 25%,
to 35.3%. The decreases were due to experienced examiners spending
time training new hires.
Overall, revenue from enforcement actions
rose to a record $48.7 billion, an increase from $47.3 billion in FY
2005.
Collection revenue increased to $28.2 billion and
document-matching revenue rose to $3.3 billion; audit revenue
decreased from $17.7 billion to $17.2 billion.
Fringe Benefits
Rev. Rul. 2006-57 sets out guidance for
employers on the use of smartcards and debit cards to provide
qualified transportation fringe benefits under Sec. 132(f).
In the
ruling, four fact patterns illustrate whether employer-provided
transportation benefits provided through smartcards, debit or credit
cards or other electronic media are excluded from gross income under
Sec. 132(a)(5) and (f) and from wages for employment tax purposes.
In three situations, the employer-provided benefits are excluded
from gross income and wages for employment tax purposes; in the
fourth case, the benefits are not excluded from gross income and are
wages for employment tax purposes.
The ruling is effective Jan. 1,
2008, but employers and employees may rely on it before then.
Telephone Excise Tax Refunds
Businesses and tax-exempt organizations may use
a formula to estimate their Federal telephone excise tax refunds.
According to IR 2006-179, businesses—including sole proprietors,
corporations and partnerships—and exempt organizations must complete
Form 8913, Credit for Federal Telephone Excise Tax Paid, to request
a refund.
Requirements: Filers may determine the actual amount of
refundable long-distance telephone excise taxes paid for the 41
months from March 2003– July 2006, or use a formula to figure their
refunds.
Business filers should attach Form 8913 to their regular
2006 income tax returns; exempt organizations must attach it to Form
990-T, Exempt Organization Business Income Tax Return.
Rather than
computing the actual taxes paid, filers can determine their refunds
by comparing a telephone bill with a statement date in April 2006 to
a bill with a statement date in September 2006. Refund claimants
must compute the percentage of telephone tax as a percentage of
each. The April 2006 figure will include excise taxes for both local
and long-distance services; the September 2006 figure will include
only the tax on local service. The difference between the two
percentages should be applied to the filer’s quarterly or annual
telephone expenses to determine the refund.
Refund limit: The refund
is capped at (1) 2% of total telephone expenses for businesses and
exempt organizations with 250 or fewer employees and (2) 1% for
those with more than 250 workers.
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Filing Season Tax Minimization Ideas
by Lisa A. Winton, MBA, MST, AICPA Technical Manager—Taxation, Washington, DC
The AICPA has identified 10 ideas for minimizing taxes
before April 16, 2007 (April 15, 2007 is a Sunday).
1. Claim all charitable deductions: Individuals should be
sure to determine miles driven for charitable purposes,
such as when driving children to a volunteer worksite.
For 2006 returns, the charitable deduction rate is 14¢
per mile. Also to be reported are any charitable
contributions made through payroll deductions.
2. Claim all medical deductions: Mileage for medical purposes is
deductible, similar to charitable miles, but at 18¢ per
mile or, if greater, out-of-pocket cost. Any premiums
paid by Medicare for clients over age 64 should also be
included.
3. Claim business mileage: The mileage allowance for business use of a
vehicle is 44.5¢ per mile for 2006. Most business use of vehicles probably
costs more than this, at least in some metropolitan
areas. For those accumulating significant mileage,
computing actual cost versus the standard mileage rate
might be worthwhile.
4. Be aware of minimum tax credit: Individuals owing alternative minimum tax are also
likely generating a minimum tax credit to use against
regular tax in the future. Be aware of the amount
generated from prior years; such information should be
included in any tax preparation software used, so it is
not overlooked in future years.
5. Compare approaches:
Tax preparation software makes it easy to determine
optimal filing approaches (e.g., taking the standard
deduction versus itemizing). Married couples should
compute tax liability filing jointly and separately, to
see which is more beneficial.
6. Know the rules for taxation of state income tax refunds:
Historically, the tax benefit rule has caused a refund of state income
taxes deducted in a prior year to be taxable to the
extent that itemized deductions that year exceeded the
standard deduction. However, revised IRS Pub. 525,
Taxable and Nontaxable Income: Miscellaneous Income,
states that the taxable amount is further limited to the
excess of the state income tax deduction over the state
and local general sales tax deduction that could have
been claimed. For example, X deducted $10,000 in state
income taxes on his 2005 return, because it was higher
than the $9,000 sales taxes he paid that year. If X
receives a $3,000 refund of state income taxes in 2006,
the maximum amount taxable would be $1,000 ($10,000
income taxes – $9,000 sales taxes), because X could have
deducted $9,000 in any event. Consequently, even if the
deduction for state income taxes exceeds that for sales
taxes (i.e., the table amount plus taxes on major
purchases), practitioners should take steps (including
checking their software) to ensure that the potential
sales tax deduction is as high as possible, to limit the
taxable refund.
7. Contribute to Roth IRAs: Under the
IRA rules, taxpayers whose adjusted gross income (AGI)
exceeds certain levels ($160,000 for joint filers and
$105,000 if single) cannot contribute to a Roth IRA.
However, a change made by the Tax Increase Prevention
and Reconciliation Act of 2005 (TIPRA) now allows these
taxpayers effectively to make contributions, even though
their AGI exceeds these levels. Beginning in 2010,
taxpayers can roll over amounts from traditional IRAs to
Roth IRAs, regardless of their AGI. They can take
advantage of this change now, by making nondeductible
contributions to traditional IRAs, then rolling these
amounts into Roth IRAs in 2010.
As a practical matter, taxpayers prohibited from making contributions to either
Roth IRAs or traditional IRAs rarely make nondeductible
contributions to a traditional IRA, thinking that they
are investing after-tax dollars and the income, when
distributed (although tax-deferred), would be taxed at
ordinary rates (rather than long-term capital gain rates
if such amounts were invested in growth stocks or
similar investments). However, the TIPRA changes this.
Making a nondeductible contribution for 2006 by April
15, 2007, up to the maximum of $4,000 per taxpayer
($5,000 for those 50 or older), enables a taxpayer to
roll over such amounts to a Roth IRA in 2010. Any amount
taxable in 2010 from such a conversion results in half
of the amount being included in income in each of 2011
and 2012. This two-year spread is only available for
conversions occurring in 2010.
8. Have siblings claim
siblings as dependents: Effective in 2005 and beyond, a
taxpayer can claim an individual as a dependent if the
latter is a qualified child. Such individual generally
must (1) live with the taxpayer for more than half the
tax year; (2) be under age 19 (age 24 if a full-time
student); and (3) meet a relationship test. One way the
relationship test is met is if the individual is the
taxpayer’s brother or sister. Prior-law income and
support tests have been eliminated; as a result, a young
adult living in the household who is not a qualifying
child of his or her parents could claim a younger
sibling as a qualifying child. This could be extremely
beneficial when the income phaseout rules eliminate the
parents’ ability to claim an exemption or child credit
for the individual.
9. Split refunds between bank
accounts: Taxpayers can elect up to three different bank
accounts into which they may split their income refunds
for deposit. In the past, only one bank account could be
used.
10. Contribute to a Coverdell account: Formerly
known as education IRAs, these accounts are limited to
$2,000 per child per year, and must be made by April
15th of the year following the year to which the
contribution applies. The beneficiary must be under age
18 when the account is opened, unless he or she has
special needs. The ability to contribute to these
accounts phases out for joint filers with adjusted gross
income (AGI) between $190,000 and $220,000, and single
filers with AGI between $95,000 and $110,000.
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