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Filing Season
2012 - Start and End Dates |
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| 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? |
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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. |
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How to File
for an Extension |
04/11/12
10:30 AM ET |
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IRS Analyzes Tax Preparer Data Looking for Fraud |
04/10/12
12:55 PM ET |
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(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.
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Stupid Is As Stupid Does - Tax Protesters And The Cheek Defense |
04/10/12
12:50 PM ET |
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(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.
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Strange Tax Evasion Schemes |
04/10/12
12:45 PM ET |
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Extensions
of Time to File |
04/08/12
11:00 AM ET |
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| 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 the ir
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.
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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. |
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End of
the 2012 Filing Season |
04/06/12
12:00 PM ET |
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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.
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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. |
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Are virtual tax audits coming soon? |
04/06/12
11:55 AM ET |
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(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.
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Wrapping Up The Filing Season |
04/04/12
11:00 AM ET |
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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.
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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.
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Understanding
IRS Assessments of Penalties |
04/03/12
10:45 AM ET |
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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. |
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| 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 |
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| 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. |
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Lessons
from my IRS Audit |
04/02/12
1:40 PM ET |
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(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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Copyright Notice and Warning: This
publication is protected by U.S. Copyright Law and International
Treaties. It is a violation of federal copyright law to reproduce all or
any part of this publication or any of its contents by any means. The
Copyright Act imposes liability of up to $150,000 for such infringement.
WorldWideWeb Tax, Inc. does not license or authorize
reproduction of this publication without specific written permission.
Unauthorized reproduction, distribution, or use of this publication, or
any portion it, may result in severe civil and criminal penalties, and
will be prosecuted to the maximum extent possible under the law. Any
information concerning illicit duplication or reproduction is greatly
appreciated.
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