Melissa A Schiff CPA PC
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Just some things we thought you might find interesting

Will you be selected for audit?

Only 1% of individual returns with income under $200,000 are audited, 3%, on average, for individuals with incomes over $200,000. 

There are two primary ways tax returns are identified for audit: 
                                    random and return based
While random selection out of your control, the information on the return and it's preparation are completely with in your control.

The following 5 items are top flags in the IRS system for 2009 - these items should not be avoided, but carefully handled and detailed records maintained, actual figures, not estimates must be used:
-  High/unusual outside service or sub-contractor cost
-  Excessive business losses - is it really a Hobby
-  Home buyer credits
-  Higher than average itemized deduction for your income
-  Non-cash contributions over $500
-  Investment income discrepances
-  Math errors
-  New car sales tax deduction
-  Business use of your car with high miles/expenses claimed
-  Home office deduction with high % of business use

Check out this link to IRS provied information on tax and audit statistics for 2009:

                                           IRS Tax Statistics

Meals and Entertainment

-  Record keeping requirments 
     *  Business meals receipts must have documentation of:
         -  Cost
  
       -  Attendies
         -  Purpose (they must create a resonable expectation on increasing revenues, ect)
-  Not all expenses qualify for deduction
     *  Eating at work does not make it a deduction
     *  Talking about or mentioning work issue does not make it a deduction
     *  Out of town meal per diems are prorated for travel times
-  Various limitations 
     *  Typically only 50% of deduction is allowable
     *  Transportation industry has a higher percent allowable
-  Not all expenses are subject to limitation
     *  Employee meals on works site, for benefit of employer are not limited
     *  Holiday or special event gatherings
     *  Office snacks and drinks 

Employee vs. Sub Contractor

If your subcontractor tells their preparer that they were an employee but you failed to hold and pay taxes there is a form they can complete that will allow them to only pay 1/2 (employee share) of Fica and them the IRS will come back on you for your share plus penalties and interest.

The IRS has many factors used in the determination of classification, such as:
-  Freedom of choice on accepting assignment
-  Risk of loss if job is not completed as expected
-  Schedule control
-  Provider of tools and supplies
-  Level of instruction and oversight of how work is performed
-  Classification of others doing same activities
-  Is worker allowed to delegate
-  Number of "people" the worker earns money from

If you are on the lossing end of a reclassification by the IRS, expect NO MERCY.

Kids and Taxes

-  Kiddie Tax now reaches up to 18 years old
-  Students up to 24 may still be impacted by Kiddie Tax
-  Earned income may not protect against Kiddie Tax
-  Children can have IRA's, including Roth's as soon as they have earned income

Non-Cash Contributions

-   Must have a detailed receipt showing
     *  Separately listed items
     *  Acknowledging condition of each item
     *  Stating value of each item
-   Clothing & household items must be in good or better condition

Fixed Assets

-  Correct asset depreciation life - one of most common errors on tax returns
-  Repairs vs. Captial improvements
-  New auto limitations
-  Contributed assets have special basis treatment

Inventory - Why Count

-  Property tax
-  Insurance
-  IRS

Sales Tax - Use Tax

-   If sales tax is included in the price, it must be stated at the time of sale
-   New exemption certificates are required each year
-   Audits require certificates to cover the year being reviewed
-   Just because tax is not charged does not mean you don't owe it
    *  Paying Sales tax is your responsiblity, failing to pay will result in Use tax liability
-   Indiana holds purchaser responsible for
    *  Magazines
    *  Ebay and/or internet purchases
    *  Maintenance agreements
    *  Out of state purchases
  

Hobby or Business - The IRS will decide

IRS is hot on this.  If you make money from a hobby, losses are limited to the income made and only deductible for Federal (and only if you itemize), not Indiana, but income is taxable to both.
-  Commonly reviewed types:
    *  Racing
    *  4-H farming
    *  Flea-marketing sales
    *  Internet sales of personal items
-  Making money does not make it a business
-  Do you have resonable expectation of activity providing your financial support
-  Would you continue activity even if you knew you would not make money
-  Do you operate it as a business
Check out more info on this on:  Business vs. Hobby
To ensure compliance with requirements imposed by the IRS, including U.S. Treasury Circular 230 Notice, we inform you that any U.S. federal tax advice contained in this communication (including any attachments, pages and links) is not intended or written to be used, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter addressed herein.