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Filing Season 2012 - Start and End Dates
Electronic Filing: Start Date End Date Details
Electronic Filing of
Form 1040
1/17/12 4/17/12
-
10/15/12
Last date for transmitting timely filed returns is 4/17/12. Last date for retransmitting rejected timely filed returns is 4/22/12. Last date for transmitting returns on extension (Form 4868) is 10/15/12. Last date for retransmitting rejected returns on extension (Form 4868) is 10/19/12. 
Electronic Filing of
Form 4868
1/17/12 4/17/12 Last date for retransmitting rejected timely filed Forms 4868 is 4/22/12.
Electronic Filing of
Form 1040 with an
Overseas Exception
1/17/12 6/15/12 Last date for retransmitting rejected timely filed Forms 4868 or 2350 subject to the Overseas Exception is 06/20/12.
Moving?, Closing your office?, Turning off your computer?     You MUST notify the IRS of your new contact information. If you don't and they attempt to contact you and cannot your EFIN will be suspended. Also be sure to notify your bank. Notify us too by clicking here.
How to File for an Extension 04/11/12 10:30 AM ET
We are pleased to announce that Form 4868 - Application for Automatic Extension of Time To File U.S. Individual Income Tax Return is now available in 1040 ValuePak Professional. Please note that an automatic extension does not extend the time to pay any tax. If the taxpayer does not pay the total amount of tax due by April 17, 2012 he or she will owe penalties and interest. For further information on extensions please see our April 8th article below titled Extensions of Time to File.

You can pay part or all of the estimated income tax due using a credit or debit card. (See Payment Instructions on Form 4868) http://www.irs.gov/pub/irs-pdf/f4868.pdf

To prepare and efile Form 4868 follow the instructions below:

1) Login to prepare returns and create the return for which you need to file an extension.
2) Complete the Taxpayer Information Screen and Disclosures.
3) In the OPEN FORM box located at the top of the gray navigation panel, type in 4868 and click Go to find the Form 4868-Extension request form. Alternatively, you can go to Your Forms->Misc-> and click "Add Form" next to Form 4868 to add the Form to the return.
4) Complete the Form 4868 and save it.

The following fields are OVERRIDE Fields only and should be completed only if you believe the taxpayer will owe money to the IRS.
It is important that you correctly estimate the tax liability based on the information provided by the Taxpayer.

5) If you estimate that the taxpayer will owe money to the IRS complete the payment information on the Direct Debit Information screen in Return Balance. Be sure to indicate that the payment is for Form 4868.
If you estimate that the taxpayer will NOT owe money to the IRS you will need to leave the default selection set to 1040 (default) on the PIN screen. If you estimate that the taxpayer WILL owe money to the IRS you will need to choose the option on the PIN Information screen that indicates 4868 with payment.
6) Go to Results to make sure there are no errors. If there are no errors preventing your Form 4868 from being efiled click the Continue button.

7) Select 4868 from the E-file Selection Screen and click the Continue button.
Continue through the EFILE interview to efile Form 4868.

Additional Notes:
You may receive this error when filing an extension if you don't expect the taxpayer to owe additional money and no dollar amounts are entered in the program.

If you still want to file an extension you will need to enter $1 for Interest Income on Income - Form 1040. This does not affect the return in any way but will allow you to file the extension without completing the return. You will also need to leave the default selection set to 1040 on the PIN Information Screen.

Be sure to check your Acknowledgements to verify that the IRS has accepted your extension(s). The last date for transmitting timely filed returns, including extension requests, is 4/17/12. The last date for retransmitting rejected timely filed returns, including extension requests,  is 4/22/12. The last date for transmitting returns on extension (Form 4868) is 10/15/12. Last date for retransmitting rejected returns on extension (Form 4868) is 10/19/12.

IRS Analyzes Tax Preparer Data Looking for Fraud 04/10/12 12:55 PM ET

(Accounting Today) - Internal Revenue Service Commissioner Doug Shulman described in a speech Thursday how the agency is using information from its tax preparer regulation initiative to identify practitioners who are showing patterns of tax fraud. To read the full article click here.

Stupid Is As Stupid Does - Tax Protesters And The Cheek Defense 04/10/12 12:50 PM ET

(Forbes) - Over the years and out of literally thousands of tax protesters who have been criminally prosecuted, a very small handful have won acquittals in their criminal trials, by convincing the jury that they were too stupid to understand that they had to pay taxes. To read the full article click here.

Strange Tax Evasion Schemes 04/10/12 12:45 PM ET

(CNN Money) - From claiming that tax forms contain "the mark of the beast" to arguing that the IRS isn't a government agency, some people will go to great lengths to avoid paying taxes. To read the full article click here.

See also:
My State Isn't Part Of The United States
I'm Not Technically A 'Person'
Only Gold-Based Money Is Taxable
Paying Taxes Is Against My Religion
The IRS Isn't Really A Government Agency
Paying Taxes Is Voluntary

Extensions of Time to File 04/08/12 11:00 AM ET
The filing deadline is approaching fast. If taxpayer's don’t file their tax returns and pay any tax due by the due date they may have to pay a penalty. This year, because April 15th is a Sunday and April 16th is a holiday in Washington, DC, the federal filing deadline is April 17th. Keep in mind that your state filing deadline may still be the 15th. Check your state Department of Revenue's web site or call them. For state contact information click here.

Please Note: in the next couple of days we will publish complete instructions on how to file for an extension with 1040 ValuePak Professional.

Penalties
If the taxpayer does not file by the April 17th deadline they'll face a failure-to-file penalty. If they do not pay any tax due by the due date they'll also face a failure-to-pay penalty. The failure-to-file penalty is generally more than the failure-to-pay penalty. So if a taxpayer cannot pay all the taxes he owes he should still file his tax return and explore the other payment options described below.

The penalty for filing late is usually 5 percent of the unpaid taxes for each month or part of a month that a return is late - up to a maximum of 25 percent of the unpaid taxes. If the tax return is filed more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100 percent of the unpaid tax.

The penalty for paying late is ½ of 1 percent of the unpaid taxes for each month or part of a month after the due date that the taxes are not paid - up to a maximum of 25 percent of the unpaid taxes.

If both the failure-to-file penalty and the failure-to-pay penalty apply in any month, the 5 percent failure-to-file penalty is reduced by the failure-to-pay penalty. However, if the taxpayer files his return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100% of the unpaid tax.

Taxpayers will not have to pay a failure-to-file or failure-to-pay penalty if they can show that they failed to file or pay on time because of reasonable cause and not because of willful neglect.

Extensions
If a taxpayer can't meet the April 17th deadline to file their tax return they should still file their tax return by the deadline and pay as much as they can to avoid penalties and interest. Alternatively, they can get an automatic six month extension of time to file from the IRS. Most individuals and businesses can request a full six-month filing extension, without a reason or even a signature. Individuals use Form 4868, Application For Automatic Extension of Time To File U.S. Individual Tax Return, to get an automatic six-month extension of time to file. A reasonable estimate of tax liability must be entered on Form 4868. The IRS can later invalidate an extension if the tax is understated.

Keep in mind that a federal extension is NOT necessarily an automatic state extension. You may still need to file a separate extension form with your state. Check your state Department of Revenue's web site or call them.

There is no penalty for failure to file a tax return if the taxpayer is due a refund. However, taxpayers cannot obtain a refund without filing a tax return. If the taxpayer waits too long to file he may risk losing the refund altogether. The deadline for claiming refunds is generally three (3) years after the return due date.

A filing extension DOES NOT extend the tax-payment deadline. Taxpayers will owe interest on any amounts not paid by the April 17th deadline, plus a late payment penalty if they have paid less than 90 percent of their total tax due by that date.

United States citizens or residents whose home and main place of business or post of duty is outside the United States and Puerto Rico on the due date of their return are allowed an automatic extension until June 15th to file their return AND pay any tax due. This also applies to taxpayers in military or naval service on duty outside the United States and Puerto Rico. If the taxpayer uses this automatic extension, he must attach a statement when he does file his return showing that he met the requirements for the extension on the due date of the return.

If the taxpayer is serving in a combat zone, a qualified hazardous duty area, or in a contingency operation (or is hospitalized as a result of an injury received while serving in such an area or operation), he or she has at least 180 days after he or she leaves the designated area to file and pay taxes. Refer to Topic 301 for more information about extensions. Also click here: http://www.irs.gov/newsroom/article/0,,id=97273,00.html Further information is in Publication 3, Armed Forces' Tax Guide.

If the taxpayer is determined by the IRS to be affected by a Presidentially declared disaster or a terroristic or military action, then the taxpayer may have up to one year after the due date of the return to file and pay taxes, depending on the deadline specified by the IRS.

If the taxpayer’s return is completed but they are unable to pay the tax due, DO NOT request an extension. File the tax return on time and have the taxpayers pay as much tax as they can. The IRS will send them a bill or notice for the balance due. To apply for a payment agreement click here: http://www.irs.gov/businesses/small/article/0,,id=108347,00.html Also see Extensions of Time to Pay below.

Making Payments
Taxpayers can charge their taxes on their American Express, MasterCard, Visa, and Discover cards - or by using their debit card. The debit card must be a Visa Consumer Debit Card, or a NYCE, Pulse or Star Debit Card. To pay by credit card contact one of the service providers at it's telephone number or web site. In the 1040 ValuePak Portal click Tax Preparation Help > Go to IRS Help > Payments by Credit Card - or  click here. The service providers charge a convenience fee based on the amount the taxpayer is paying. Do not add the convenience fee to the tax payment. At the completion of the transaction the taxpayer(s) will receive a confirmation number for their records.

Extensions of Time to Pay
Based on the circumstances, a taxpayer could qualify for an extension of time to pay. The IRS is willing to allow extensions of time to pay in order to assist in tax debt repayment. A taxpayer can request an extension from 30 - 120 days depending on the taxpayer's specific situation. Taxpayers qualifying for an extension generally will pay less in penalties and interest than if the debt is repaid through an installment agreement. An additional amount of time to pay can be requested through the Online Payment Agreement application or by calling 800-829-1040.

Installment Agreements
The IRS may allow taxpayers to pay any remaining balance in monthly installments through an Installment Agreement. They can apply for an Installment Agreement using the IRS’s Online Payment Agreement. This application allows eligible taxpayers or their authorized representatives who owe $25,000 or less in combined tax, penalties and interest to self-qualify, apply for, and receive immediate notification of approval.

Another alternative is to attach a Form 9465 - Installment Agreement Request, to the front of the tax return. The IRS charges a $105 fee for setting up an installment agreement. The fee is only $52 if paid via direct debit. If the taxpayer’s income is below a certain level (see Form 13844, Application For Reduced User Fee For Installment Agreements), they may qualify for a $43 fee. They will also be required to pay interest plus a late payment penalty on the unpaid taxes for each month or part of a month, after the due date that the tax is not paid. To prepare Form 9465 simply click Your Forms and select Form 9465 from the Misc tab.

Mailing a Payment
If the taxpayer mails the payment, Form 1040-V is not required. The taxpayer simply needs to write their Social Security number, daytime telephone number, and 2011 Form 4868 on the check or money order.

Reminder - Disabling Former Employees:
If you use any of our online tax preparation programs and you had employees last season that will not be returning this season please be sure to let Technical Support know so that we can disable their ability to login.
End of the 2012 Filing Season 04/06/12 12:00 PM ET
Filing Deadlines
April 17th this year is the due date for federal Individual income tax returns, provided the taxpayer’s tax year ended on December 31st, which almost all individuals do. However, if the Individual taxpayer uses a fiscal year (which is a year ending on the last day of any month other than December), the return is due on or before the 15th day of the fourth month after the close the fiscal year. Fiscal year Individual taxpayers are extremely rare. Fiscal year Business taxpayers, on the other hand, are fairly common. Form 1120 – Corporation and Form 1120S – S-Corporation returns are due on or before the 15th day of the third month after the close the fiscal year. Form 1065 – Partnership and Form 1041 – Estate and Trust returns are due on or before the 15th day of the fourth month after the close the fiscal year. Form 990 – Exempt Organization returns are due on or before the 15th day of the fifth month after the close the fiscal year. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is extended until the next business day. Federal tax returns are considered timely filed if the envelope is properly addressed and postmarked no later than the due date.

The April 17th deadline applies to the following:

  • 2011 federal Individual income tax returns, whether filed electronically or on paper. The last date for re-transmitting rejected timely filed Individual income tax returns is April 22nd.
  • Requests for an automatic six-month filing extension - Form 4868, Application For Automatic Extension of Time To File U.S. Individual Tax Return. The last date for re-transmitting rejected timely filed Forms 4868 is April 22nd. The last date for transmitting returns on extension (Form 4868) is October 15th. The last date for re-transmitting rejected returns on extension (Form 4868) is October 19th.
  • Tax year 2011 balance due payments, whether made electronically by direct debit, credit card, or by check.
  • Tax year 2011 contributions to a Roth or traditional IRA.
  • Individual estimated tax payments for the first quarter of this year, whether made electronically or by check.
  • Individual refund claims for tax year 2008 (deadline April 15, 2012), where the regular three-year statute of limitations is expiring.

Other tax-filing and payment requirements are described in Publication 509, Tax Calendars for 2012.

Please remember that due to the Electronic Postmark, regular 1040 drain times do not impact the timely filing of a federal tax return. The IRS considers a return timely filed if we receive the return before midnight your local time on April 17th. The IRS processes Form 4868 extension transmissions every day at Midnight. You should transmit at least 30 minutes before the deadline to make sure that your transmission is timely filed.

PLEASE NOTE: State deadlines may vary from the federal deadlines. Check with your state Department of Revenue for the deadlines in your state. For state contact information click here.

Reminder - Disabling Former Employees:
If you use any of our online tax preparation programs and you had employees last season that will not be returning this season please be sure to let Technical Support know so that we can disable their ability to login.
Are virtual tax audits coming soon? 04/06/12 11:55 AM ET

(CNN Money) The dreaded process of getting an audit could soon take place over a computer screen in the comfort of your living room. To read the complete article click here.

Wrapping Up The Filing Season 04/04/12 11:00 AM ET
Congratulations on another successful year! As we enter the final weeks of the 2012 Filing Season there are a few steps that you should take to "wrap-up" the season. This will help ensure you are prepared for the off-season. 

Verifying Acknowledgements
You should verify that you received Acknowledgements for all federal and state returns that you have transmitted. If returns were not acknowledged you should either re-transmit them or mail them in.

Unused Check or Debit Card Stock
If you have unused check or debit card stock, and you will not be providing any more bank products to your clients, you can destroy the unused stock yourself. You may want to wait until the end of the year to do this just in case you get some new clients over the summer. DO NOT return unused check or debit card stock to WorldWideWeb Tax, Inc.

Bank Applications
Keep all signed bank applications in your client files for a period of 5 years. DO NOT send them to the bank unless they request them from you, as they will then have to be returned to you. Remember to keep your contact information current with the bank for 5 years as they may need to contact you in the future should a question arise regarding a bank product you provided.

Changed Your Address or Phone Number Lately? 
Be sure to let the IRS, the bank, and us know right away. Maybe you moved and forgot to mention it. Maybe you misspelled "123 Main Street" as "123 Rain Street." Maybe your phone number changed. Whatever the reason, it is important that you keep all of your contact information with the three of us current. And don't forget your state too. If you don’t keep your contact information current and the IRS calls you and your phone number is no longer current, or they send you a letter and its returned, your EFIN will be suspended. Then when you need your EFIN the most, when you transmit that first big batch of efiles next January, they’ll all be rejected for Error Reject Code 0029. Then your clients will be screaming at you because they won’t be getting the money that they need right away. Then you'll have to go through a bunch of trouble to get your EFIN re-activated. You can save yourself a lot of time and trouble in the long run by just keeping your contact information current in the first place. Be smart and update all of your contact information today! 

You may update your contact information with the IRS by logging in to the e-services section of www.irs.gov or by contacting the IRS by phone at 1(866)255-0654.

Keeping your contact information current with your bank is just as important. You have in your possession loan documents and other records that they may need in the future. If they do, then they'll be contacting you. If they cannot contact you, you'll be suspended. 

Also notify us of your new address so we can update our records and continue to keep you informed. To change your contact information click the Support button above and then select Change Your Contact Information, or click here

Opening More Offices for Next Season?
Electronic Return Originators (EROs) must submit new Forms 8633 when expanding their IRS e-file businesses to physical locations in addition to their current location(s). A physical location is an office owned or leased by the ERO. Applications must be submitted with fingerprint cards for all principals of the firm and responsible officials listed on the application unless fingerprint cards have been submitted before with an application that was accepted into the IRS e-file program. Evidence of professional status may be substituted for fingerprint cards if the principal or responsible official is an attorney, CPA, enrolled agent, banking official who is bonded and has been fingerprinted within the last TWO years, or officer of a publicly owned corporation as specified in the Internal Revenue Procedures. 

Keeping Your Credit Card Information Current
If you are still transmitting efiles or have outstanding charges from prior transmissions, please keep your credit card on file current to avoid any interruption in service. You can update your credit card by clicking here.

Reminder - Disabling Former Employees:
If you use any of our online tax preparation programs and you had employees last season that will not be returning this season please be sure to let Technical Support know so that we can disable their ability to login.
Understanding IRS Assessments of Penalties 04/03/12 10:45 AM ET
Taxpayers who do not file their return and pay their tax by the due date may have to pay a penalty. In 1989 the IRS revamped its penalty system. Before the reform, more than 150 overlapping penalties existed. Consequently, a single infraction could result in multiple penalties. Below are the current penalties for various infractions.
Infraction: Penalty
Late Filing
(If the tax return is more than 60 days late, the minimum penalty is the smaller of $100 or 100% of the tax owed.)

5% per month of the net tax due (maximum 25%)

Late filing due to fraud

15% per month of the net tax due (maximum 75%)

Late tax payments

0.5% per month of the unpaid tax due (maximum 25%) The 0.5% rate increases to 1% after the  IRS issues a notice of intent to levy.

Negligence or disregard of tax rules and regulations

20% of tax underpayment

Fraud

75% of tax underpayment

Substantial understatements of income tax (tax underpayments that exceed the greater of 10% of the correct tax liability or $5,000) 20% of tax underpayment
Over valuations of 200% or more but less than 400% of the correct amount 20% of tax underpayment
Over valuations of 400% or more of the correct amount 40% of tax underpayment
Estate tax and gift tax under valuations of 50% or more of the correct valuation and if the tax underpayment exceeds $5000 20% of tax underpayment
Estate tax and gift tax under valuations of 75% or more of the correct valuation and if the tax underpayment exceeds $5000 40% of tax underpayment
The failure-to-file penalty is more than the failure-to-pay penalty. So if your client cannot pay all the taxes he owes, he should still file his tax return and explore other payment options.

If the taxpayer's failure to file his tax return on time was due to reasonable cause and not willful neglect the IRS won’t assess the failure-to-file penalty. The taxpayer must prove reasonable cause.

The entire amount of tax due must be paid with Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return. Extensions of time to file a tax return do not extend the due date for payment of any tax.

If both the failure-to-file penalty and the failure-to-pay penalty apply in any month, the 5 percent failure-to-file penalty is reduced by the failure-to-pay penalty. However, if the taxpayer files his return more than 60 days after the due date (including extensions), the minimum penalty is the smaller of $135 or 100% of the unpaid tax.

Disputing Penalties
Penalties can be avoided if the relevant facts affecting an item's tax treatment are adequately disclosed in the tax return. However, disclosure cannot be used to avoid incorrect valuation penalties.

Another way to dispute a penalty is to show that substantial authority exists for your tax treatment of an item. To establish substantial authority for a position, look to tax documents published in the Internal Revenue Bulletin, tax court cases, private letter rulings issued by the IRS, and some congressional reports. Authority supporting your tax position should be substantial in relation to the weight of authority supporting contrary tax treatment.

If a penalty is assessed by the IRS the taxpayer can appeal. While the appeal is under consideration, payment of the penalty is suspended. The taxpayer also has a right to representation and can ask to have a meeting with the IRS.

The penalty for filing a frivolous tax return is not based on tax liability and will be assessed immediately and added to any other penalties.

For more information see Lesson 30, IRS Audits and Publication 594, The IRS Collection Process.

Lessons from my IRS Audit 04/02/12 1:40 PM ET

(Fox Business) Who panics when being audited by the IRS? Apparently, even the professionals. Just ask Brad F., a former CPA and current tax attorney whose 30 years experience means he's no stranger to the tax man. Still, when the IRS notified him of an audit of his 2009 personal income taxes, he admits to feeling more than a little nervous. To read the full article click here.

To view the IRS videos "Your Guide to an IRS Audit" click here.

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