Home · Magazines and Newsletters · Online Issues · TTA Home · Table of Contents · News Notes Search Feedback

News Notes

Enforcement Revenue Fringe Benefits
Telephone Excise Tax Refunds

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.

 

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.

 


Back
©2007 AICPA