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IRS Tax Help - Filing Back Taxes

Six Steps to Taking Control of Your Back Taxes

Step One: Gather All Your Tax Documents

When was the last year you filed? Do you have a copy of your tax return? Do you have W-2s and other tax documents for the years you need to file? If you are missing any crucial tax documents, you can request copies of your tax documents from the Internal Revenue Service for free.

Step Two: Prepare the Tax Returns or Hire a Tax Professional

If you are going to prepare your tax returns yourself, be sure to use a reliable and easy-to-use software program. You can find an overview of prior year software. You should plan on spending about 2 to 3 hours per tax return you need to file.

An experienced tax professional, on the other hand, can help you deal with the IRS. The best way to find a tax pro is to ask your friends, and find a professional with significant experience in preparing back taxes. Good reasons to hire a tax pro: if you need advice on how to handle incomplete tax documentation, or an advocate who will negotiate with the IRS on your behalf.

Either way, you'll be doing plenty of work yourself, such as tracking down missing information.

Step Three: Prepare Your Tax Returns

You won't know if you are getting a tax refund or owe the IRS until you or your tax professional have prepared your tax returns.

Step Four: Protect Your Tax Refunds

Believe it or not, late filers are most likely than the general population to have tax refunds. You absoultely need to know that there are strict time limits for refunds, audits, and debt collection. Your plan of action should provide an estimate for how long it will take to get your refund checks. If you owe other tax debts, you need to know how much of your refunds will be applied to other tax years. If you think you might owe next year, you should plan on making estimated tax payments to avoid owing.

Step Five: Pay off Your Tax Debts

You should create a plan for how you will pay off your tax debts, if any. You also need to plan on how to protect yourself from an IRS investigation, assessment, levy, or lien. Fortunately, it is very easy to do this, but it requires patience, good judgment, the ability to talk courteously with the IRS, and the advice of a competent, experienced professional. Your plan of action may be as simple as setting up a monthly payment plan, or writing a check for the full amount. But you need to have a plan, because ignoring the IRS can get you into big trouble real fast.

Step Six: Plan Ahead

How about planning ahead to boost up next year's tax refund? Your plan of action should focus on the future, not just the past. This is a good opportunity to review your overall tax situation, and to come up with strategies for reducing your taxes and achieving your financial goals.

The Tax Laws You Really Need to Know

You really need to know four provisions in the tax code.

(1) IRS assessments can be fixed by filing a tax return. Sometimes the IRS will take an educated guess about what your tax liability might be. The IRS will then send you a notice of proposed assessment, or even file a return on your behalf. You can reduce or eliminate the IRS proposed assessments by filing your back tax returns.

(2) There are strict time limits for getting a refund, for collecting on tax debts, and for auditing your tax returns. You need to know these IRS Statute of Limitation, because they have a direct impact on your tax filing strategy.

(3) The IRS has the authority to impose penalties and interest on tax liabilities not paid in full by the deadline for the tax return. You need to know how IRS penalties and interest are calculated, and what you can do to minimize them.

(4) Your tax information is absolutely, totally, and completely confidential. A tax professional is ethically and legally obligated not to share your tax information with anyone – not even with the IRS – unless he or she has your explicit authorization.

Some Final Tips on Filing Back Taxes

Late tax returns must be filed on paper, and mailed into your local IRS Service Center. You can use tax software like turbo tax to prepare your tax returns, but you cannot electronically file your returns and professional help is advised.

Mail your tax returns in separate envelopes, and send them by Certified Mail. You will have a proof that each return was received by the IRS. Mailing them in separate envelopes will help prevent the IRS from making any clerical errors in processing your returns.

Hand deliver your tax returns to your local IRS office if time is of the essence. Make photocopies of page one of each tax return, and take the photocopies with you. Ask the IRS representative to stamp the photocopies as received. These receipts provide evidence of what you filed, when you filed, and where you filed.

2008 Tax Deduction Checklist
PERSONAL DATA
Social Security numbers (including spouse and children) These are required to qualify for exemptions.
Your child-care provider's tax ID or Social Security number This is critical to qualify for child care credits.

EMPLOYMENT & INCOME DATA
W-2 forms for this year These come from your employer.
Partnership and trust income Data for these should come from an accountant or financial institution.
Pensions and annuities Data should come from the financial institution, insurance company selling the annuity or pension fund.
Social Security Railroad Retirement Benefits You will need Form RRB 1099 or Form RRB 1042S for nonresident alien recipients of Railroad Retirement benefits.
Alimony received Tax information should come from your ex-spouse or his representative. Your former spouse will want your Social Security number to be able to deduct any alimony payments.
Jury duty pay Data should come from the court clerk.
Gambling and lottery winnings This data should come from the casino or lottery authority. Use Form W-2G.
Prizes and awards Data should come from the award givers. Use Form 1099-MISC.
Scholarships and fellowships Data should come from the administrators of these programs. Use Form 1099-MISC.
State and local income-tax refunds Data should come from the taxing authorities.

HOMEOWNER/RENTER DATA
Residential address(es) for this year This is your responsibility.
Mortgage interest Your lender will send you this data on Form 1098.
Sale of your home or other real estate Your lender or closing agent should send you Form1099-S.
Second-mortgage interest paid Your lender will send you this data on Form 1098.
Real-estate taxes paid Your county clerk or lender should send you this data.
Rent paid during tax year You need to generate this data.
Moving expenses If your expenses are reimbursed by an employer, the employer will furnish you with data on the moving costs they paid for.

FINANCIAL ASSETS
Interest-income statements Financial institutions will provide this data on Form 1099-INT & Form 1099-OID.
Dividend-income statements This will come on Form 1099-DIV from the company paying the dividends.
Proceeds from broker transactions Your brokers should furnish this data on Form 1099-B.
Tax refunds and unemployment compensation The issuing agencies should send this information on Form 1099G.
Miscellaneous income including contract or freelance work or rent This should come from whoever distributes the income on Form 1099-MISC.
Retirement-plan distribution Whoever sends out your pension checks should send you this data on Form 1099-R.

FINANCIAL LIABILITIES
Auto loans and leases Including account numbers and car value -- if the vehicle is used for business You can get this data from the lender or leasing company.
Student loan interest paid The lender should furnish this data on Form 1098-E.
Early withdrawal penalties on CDs and other time deposits Financial institutions should provide this data.

AUTOMOBILES
Personal-property tax information This data should come from the state or local taxing authority.

DEDUCTIBLE EXPENSES
Gifts to charity This data should come from the charity, you also have new responsibilities for 2007. You will need a bank record (such as a canceled check, a bank copy of a canceled check, or a bank statement containing the name of the charity, the date, and the amount) or a written communication from the charity. The written communication must include the name of the charity, date of the contribution and the amount of the contribution.
Unreimbursed expenses for volunteer work You will need to keep your own records for this. Remember, you can deduct any driving expenses for volunteer or charitable work at the rate of 14 cents a mile.
Unreimbursed expenses related to your job You will need to maintain this data.
Travel expenses, entertainment, uniforms, union dues, subscriptions and investment expenses Your broker will furnish some data. Travel, phone and other related expenses are your responsibility to track.
Job-hunting expenses You will need to keep and maintain this data.
Education expenses You will need to keep this data. But if you qualify for Hope or Lifetime credits or other college deductions, the college involved will send you the data on the qualifying expenses you've paid.
Child-care expenses You will need to keep this data.
Medical savings accounts The institution handling the account will be able to generate any data.
Adoption expenses You will need to track this data and be able to document these expenses.
Alimony paid You or the authority disbursing funds will need to keep this data. To deduct this expense, you will need the recipient's Social Security number.
Sales-tax expenses If you expect to claim a sales tax deduction on your 2007 tax return, you will need receipts for expenses. Or you can fill out a worksheet that the IRS provides to help estimate sales tax expenses.
Tax-return-preparation expenses and fees Your preparer can furnish this data to you.

SELF-EMPLOYMENT DATA
K-1s on all partnerships The partnership management should generate this data.
Receipts or documentation for business-related expenses This is data you should keep and track.
Farm income You or an accountant should tack this information. You will need to prepare Schedule F.

DEDUCTION DOCUMENTS
Federal, state and local estimated taxes paid for current year, including estimated tax vouchers, cancelled checks & other payment records You must keep copies of this data and track it.
IRA, Keogh & other retirement plan contributions You can get this information from your financial institutions.
Medical expenses You must track this data.

CASUALTY OR THEFT LOSSES
Other miscellaneous deductions You will need to file Form 4684.
Tax Strategies: Knowing Your Options

You can substantially reduce or eliminate your income tax by saving for retirement, owning a home, sending your kids to college. Here's how it worked for one client.

As we were preparing the tax return for a married couple, I realized that they had the ideal tax strategy. You get everything you really want in life: lower taxes, owning a modest home, putting the kids through college, and saving for retirement. Sounds perfect, but how do the numbers work out?

Tax Strategy 1: Save in a 401k Plan
Let's start with their profile. The couple are filing a joint tax return and have three kids: two in college and one in high school. Between the both of them, they earn $76,500 in wages. Each puts away $5,000 in their 401k retirement savings plans, which reduces their taxable wages by $10,000. Now, the couple is taxed only on $66,500. (This is their adjusted gross income.)

Tax Strategy 2: Buy a House & Itemize Your Deductions
Because they own a house, the couple is eligible to itemize their deductions. Besides mortgage interest of $16,000, the couple also has real estate taxes (another $5,000), donations to their church (about $3,700), and let's not forget the state income taxes that were withheld on their paychecks ($2,500). Their itemized deductions totalled up to $27,200. This in turn reduces their AGI from $66,500 to $39,300.

The clients can reduce their taxable income by $15,500 because of their five personal exemptions. So their taxable income is $23,800. This gives them an income tax of $2,859.

Tax Strategy 3: Use Tax Credits to Eliminate Your Taxes
Here's where the fun really begins. Two of their children go to college. Their eldest daughter is a senior at a state university, and they spent $15,000 in tuition for her classes. This gives the couple the maximum Lifetime Learning Tax Credit of $2,000 for their daughter's education. Additionally, their son, the second oldest, was a freshman at another state university and qualifies for the Hope Tax Credit of $1,500.

Together, these two education tax credits total up to $3,500, which is more than the couple's tax liability of $2,859. The education credits therefore reduce the couple's tax to $0. Tax Credits are non-refundable, which means the couple does not get the excess tax credits refunded to them. Instead, the tax credits (at most) reduce the tax to zero, which is still a good deal!

Tax Strategy 4: Adjust Your Withholding & Spend Your Tax Refund Wisely
So, the couple gets a full refund of all their withholding. They decided to use part of their refund to open Roth IRAs for both the husband and the wife (up to $3,000 each), and to put the rest in several bank certificates of deposit for their youngest daughter's college fund.

As you can see, sometimes tax breaks are a very good thing. By owning a house, putting their kids through college, and saving for retirement, this couple has managed to eliminate their tax bill. Now that's what I call living the American Dream!

Tax Reduction - Reducing Taxes

To effectively reduce taxes each year, you need a plan in place. Many choose to work with outside tax specialists who know the tax code inside and out. Others do their own research, managing their investments, doing their own tax returns, and ensuring that they're ready when April 15th rolls around.

No matter how you cope with your own tax problem, there are things that you can do today to dramatically reduce the taxes that you are paying.

In fact, the Taxpayer Relief Act of 1997 and the Economic Growth and Reconciliation Act of 2001 created hundreds of new tax breaks that you can use to reduce your annual tax bill. Plus, the Acts also increased the Unified Credit, currently set at $1,500,000.

Offer in Compromise - 85% Rejected - New Tax Laws

The OIC program statistics further show that the program is not a solution to all tax debt problems. The IRS approves only about fifteen percent (15%) of the offers in compromise submitted each year, and the IRS resolves less than one percent (1%) of all outstanding taxes due through the OIC program.

The new OIC laws demand a 20 percent payment with the lump-sum offer, or qualify for a waiver on a signed Form 656-A, "Income Certification for Offer in Compromise Application Fee and Payment."

The new rules also state the IRS must deem an OIC "accepted" if it has not been withdrawn, returned, or rejected within 24 months after IRS receipt. This doesn’t give much time for the IRS to even consider your offer and is one of the reasons so many are rejected.

The Offer in Compromise is becoming a way for tax companies to prey on innocent tax payers. Be warned the odds are not with you.

The 13 Most Overlooked Tax Deductions

1. State sales taxes. Although all taxpayers have a shot at this write-off, it makes sense primarily for those who live in states that do not impose an income tax. You must choose between deducting state income taxes or state sales taxes. For most citizens of income-tax states, the income-tax deduction is a better deal.

IRS has tables for residents of states with sales taxes showing how much they can deduct. But the tables aren't the last word. If you purchased a vehicle, boat or airplane, you get to add the state sales tax you paid to the amount shown in IRS tables for your state, to the extent the sales tax rate you paid doesn't exceed the state's general sales tax rate. The same goes for home building materials you purchased. These items are easy to overlook. The IRS even has a calculator on its Web site to help you figure the deduction, which varies by your state and income level.

2. $250 educators' expenses. Teachers and their aides can deduct up to $250 they spent in 2007 for books and classroom supplies. If you qualify, put your deduction on line 23 of the Form 1040. You get this deduction regardless of whether you itemize.

3. College tuition. You may qualify to deduct up to $4,000 you paid in college tuition in 2007 for yourself, your spouse or a dependent. This break can pay off if your income is too high to qualify to claim the Hope or Lifetime Learning credit. You also get to claim this deduction regardless of whether you itemize.

4. Student loan interest paid by Mom and Dad. Until recently, if parents paid back a student loan incurred by their children, no one got a tax break. To get a deduction, the law held that you had to be both liable for the debt and actually pay it yourself. But now there's an exception. If Mom and Dad pay back the loan, IRS treats it as though they gave the money to their child, who then paid the debt. So, a child who's not claimed as a dependent can qualify to deduct up to $2,500 of student loan interest paid by mom and dad.

5. Out-of-pocket charitable contributions. It's hard to overlook the big charitable gifts you made during the year, by check or payroll deduction. But little things add up, too, and you can write off out-of-pocket costs you incur while doing good works. Ingredients for casseroles you regularly prepare for a nonprofit organization's soup kitchen, for example, or the cost of stamps you buy for your school's fundraiser count as a charitable contribution. 

6. Moving expense to take first job. Here's an interesting dichotomy: Job-hunting expenses incurred while looking for your first job are not deductible; but moving expenses to get to that first job are. And you get this write-off even if you don't itemize. If you moved more than 50 miles, you can deduct the cost of getting yourself and your household goods to the new area, including 20 cents a mile (and parking fees and tolls) for driving your own car.

7. Military reservists travel expenses. If you are a member of the National Guard or military reserve, you may deserve a deduction for travel expenses to drills or meetings. To qualify, you must travel more than 100 miles and be away from home overnight. If you qualify, you can deduct the cost of lodging and half the cost of your meals, plus 48.5 cents a mile (and any parking or toll fees) for driving your own car. You get this deduction regardless of whether you itemize.

8. Child-care credit. A credit is so much better than a deduction: It reduces your tax bill dollar for dollar. So missing one is even more painful than missing a deduction that simply reduces the amount of income that's subject to tax.

It's easy to overlook the child-care credit if you pay your child-care bills through a reimbursement account at work. Until a few years ago, the child-care credit applied to no more than $4,800 of qualifying expenses. And, the law allows you to run up to $5,000 of such expenses through a tax-favored reimbursement account at work. Now, however, up to $6,000 (for two or more children) can qualify for the credit ... but the old $5,000 limit still applies to reimbursement accounts. So, if you run the maximum $5,000 through a plan at work, but spend more for work-related child care, you can claim the credit on that extra $1,000. That would cut your tax bill by at least $200.

9. Estate tax on income in respect of a decedent. This sounds complicated, but it can save you a lot of money if you inherited an IRA from someone whose estate was big enough to be subject to the federal estate tax.

Basically, you get an income-tax deduction for the amount of estate tax paid on the IRA balance. Let's say you inherited a $100,000 IRA, and the fact that the $100,000 was included in your benefactor's estate added $45,000 to the estate tax bill. As you withdraw the money from the IRA and pay tax on it, you also get to deduct a proportional amount of the estate tax paid. If you withdraw $50,000 in one year, for example, you get to claim a $22,500 itemized deduction on Schedule A.

10. State tax you paid last spring. Did you owe tax when you filed your 2006 state tax return in the spring of 2007? Then remember to include that amount with your state-tax deduction on your 2007 return, along with state income taxes withheld from your paychecks or paid via quarterly estimated payments.

11. Refinancing points. When you buy a house, you get to deduct points paid to get your mortgage in one fell swoop. When you refinance a mortgage, though, you have to deduct the points over the life of the loan. That means 1/30th a year if it's a 30 year mortgage -- that's $33 a year for each $1,000 of points you paid. Not much, maybe, but don't throw it away. And, in the year you pay off the loan -- because you sell the house or refinance again -- you may get to deduct all as-yet-undeducted points. You do unless you refinance with the same lender. In that case, you add points on the latest deal to the leftovers from the previous refinancing and deduct the expense ratably over the life of the new loan. 

12. Reinvested dividends. This isn't really a deduction, but it is a subtraction that can save you money.

If, like most investors, you have mutual fund dividends automatically invested in extra shares, remember that each reinvestment increases your "tax basis" in the fund. That, in turn, reduces the taxable capital gain (or increases the tax-saving loss) when you redeem shares. Forgetting to include the reinvested dividends in your basis -- which you subtract from the proceeds of sale to pinpoint your gain -- means overpaying your tax.

13. Jury pay paid to employer. Some employers continue to pay employees' full salary while they are doing their civic duty but ask that they turn over their jury fees to the corporate treasury. The only problem is that the IRS demands that you report those fees as taxable income. You've always had a right to deduct the amount, so you weren't taxed on money that simply passed through your hands. But now tax forms include a line dedicated to this deduction. 

Are you looking for more tax deductions?  Lion Tax Help

Obama Tax Plan - How will it affect you

Obama says he will hike several taxes on people making more than $250,000, including the amount they pay on capital gains. Currently, the top income tax rate is 35 percent. Under Obama, that would go back up to 39 percent. Obama's staff told the Urban-Brookings Tax Policy Center he would raise the rates for people in the top two brackets -- about 2.5 million filers out of 100 million-plus. People in those high tax brackets would see the tax rate on their capital gains hiked from the current 15 percent to 20-28 percent.

Obama started his campaign saying his plans would not increase taxes for people earning less than $250,000. But he found himself in an apparent contradiction by saying he would tax all income to fund Social Security, not just income up to $102,000, as is now the case. So now, Obama's plan calls for no Social Security tax on income between $102,000 and $250,000, but all income above $250,000 would be taxed for Social Security.

The 95 percent-plus of the American population that earns less than $250,000 would see the following tax breaks: A $500-per-worker tax credit for people who earn less than $150,000 and do not itemize, and a $4,000 credit per child in college. Seniors who earn less than $50,000 would pay no income tax.

The Tax Policy Center notes seniors could end up paying more if corporations respond to Obama's proposed increase in the corporate tax rate by passing those costs along to consumers.