Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What Happens to Tax Debt in Bankruptcy?

If you are considering filing for bankruptcy, you may be wondering if your tax debts can be discharged in bankruptcy court. Although the automatic stay will delay the IRS from contacting you about your debts, there are some taxes that cannot be eliminated in bankruptcy court. Here are three basic rules that will tell you if your tax debts are eligible for discharge.

  1. The Three Year Rule. Your tax debts must be three years old from the date they were due, not from the date that you filed. Tax returns are due on April 15th each year. This means that your 2010 taxes are not eligible for discharge until April 15th of 2014. This is because your 2010 taxes were technically due in April 2011. Calculate three years from the time the taxes were due.
  2. Your Tax Returns Must Have Been Filed for Two Years Before Bankruptcy. Taxes must be filed for two years prior to the bankruptcy filing to prevent delinquent taxpayers from filing late returns one day and bankruptcy the next.
  3. The Taxes Must Have Been Assessed More Than 240 Days Ago. The IRS must formally determine that you owe the taxes you are trying to eliminate in bankruptcy more than 240 days before you file the paperwork with the court. Note that an offer in compromise will delay the 240-day rule while it is pending plus an additional 30 days.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

http://www.natlbankruptcy.com/bankruptcy-and-tax-debt-what-happens-to-tax-debt-in-bankruptcy/

http://www.thebankruptcysite.org/resources/bankruptcy/stop-irs-collecting-tax-debts.htm#

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

What to Consider Before Paying Christmas Bills with a Tax Refund Loan

If you are planning on paying off your Christmas debt with your tax refund check, you may want to think again. The Internal Revenue Service (IRS) announced that some taxpayers will experience delays at the beginning of tax season in 2017 due to a new law that requires the IRS to hold refund checks until February 15th. There may also be delays due to weekends and the President’s Day holiday. As a result, the IRS cautions taxpayers not to count on their refund checks until the week of February 27th.

However, some taxpayers are planning to use tax Refund Anticipation Loans (RALs) or Refund Anticipation Checks (RACs) to tide them over between the holidays and tax season. If you are planning to do so, here are a few things to keep in mind:

  • Interest Rates: In most RAL agreements, the taxpayer agrees to repay the RAL at tax time, plus interest. Some states limit the amount of interest that a lender can charge, however, in some instances, the annual percentage rate (APR) of an RAL can exceed triple-digits.
  • Fees: In addition to high interest rates, RALs oftentimes come with hefty fees that can diminish the remainder of your refund check. According to the National Consumer Law Center, some add-on fees they observed in a 2013 report included application fees; data and document storage fees; document processing fees; e-filing fees; service bureau fees; transmission/software fees; and technology fees.
  • Uncertainty: Keep in mind that you have to repay the entire amount of the loan even if you receive less than you anticipated. This means that you have to estimate the amount you will receive back on your taxes when taking out a loan.

 

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Credit, Debt Relief, Timothy Kingcade Posts

IRS Warns Taxpayers of the Latest Tax Scam

The IRS has issued a fraud alert, IR-2016-123, warning taxpayers to watch out for fake emails alleging to contain an IRS tax bill related to the Affordable Care Act just a few days before the October 15th tax filing deadline.

The IRS received numerous reports from across the country of scammers sending a fraudulent version of CP2000 notices for the tax year 2015 as an email attachment. The CP2000 is a notice commonly mailed to taxpayers through the U.S. Postal Service. It is never sent as part of an email.

Below are four indications that you have received a fake CP2000 notice:

  • The notices are being sent electronically, even though the IRS does not initiate contact with taxpayers by email or through social media platforms.
  • The CP2000 notices appear to be issued from an Austin, Texas address.
  • The underreported issue is related to the Affordable Care Act (ACA) requesting information regarding 2014 coverage.
  • The payment voucher lists the letter number as 105C.

 

According to the alert, the fraudulent CP2000 notices include a payment request that taxpayers mail a check made out to “I.R.S.” to the “Austin Processing Center” at a Post Office box address.

The IRS urges taxpayers and tax professionals who receive this scam email to forward it to phishing@irs.gov and then delete it from their account.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

The IRS Selects Private Debt Collection Contractors

The Internal Revenue Service (IRS) has chosen four private debt collection agencies to help them collect unpaid tax debts. The IRS is required to do so as a result of a provision in a highway funding bill that Congress passed last year. The controversial program is expected to start up next spring.

The four agencies chosen by the IRS to assist in collecting the debts include: CBE Group of Cedar Falls, Iowa, Conserve of Fairport, New York, Performant of Livermore, California and Pioneer of Horseheads, New York.

This will be the third time this program has been enacted. The first two times it was discontinued due to complaints of harassment from taxpayers and low success rates of collecting on debts. A recent increase in scammers posing as IRS employees has also raised some concern in bringing the program back.

In an attempt to cut down on scamming, the IRS said it will first issue a written notice that the unpaid debts are being turned over to a debt collector and then a second letter to confirm the transfer.

The debt collectors will be able to identify as contractors of the IRS and will be expected to follow the provisions of the Fair Debt Collection Practices Act.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

Bankruptcy Law, Timothy Kingcade Posts

Tips for Filing Taxes after Bankruptcy

Filing taxes after bankruptcy doesn’t have to be complicated, as long as you know what to look for, including when and how to file.  The confusion for taxpayers in bankruptcy stems from the requirement for the filing of two types of tax forms.  One is for the individual, the other is for the bankruptcy estate.

When filing for Chapter 7 bankruptcy, you would file your usual 1040 the same way you normally would.  The trustee would then file a Form 1041 for the bankruptcy estate.  One of the provisions of a bankruptcy is that the debtor may not acquire any other delinquent balances while under the court’s supervision.

Here are some tips for individuals filing bankruptcy and a tax return this year:

  • Consult with an experienced bankruptcy attorney. Many offer free consultations. Let the attorney know whether you have filed a return for each of the past three years.
  • If you have not filed your taxes for the year, consider doing so before filing for bankruptcy, unless you know you are going to receive a substantial refund.
  • If you have already filed , make sure your attorney has all of the tax records- and make sure you have a general answer of how you used the refund money. The trustee will ask.
  • If you do get a refund, and you are considering filing for bankruptcy, do not pay bills with the refund money. This will delay the processing of your bankruptcy case.
  • File your taxes on time each year. The IRS assesses separate penalties for failure to file and failure to pay, and they will find out if you owe money even if you do not file. Save yourself the trouble and adhere to the April 15th filing deadline.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

IRS Warns of Top 3 Tax Scams for 2016

The IRS anticipates tax scams to be worse than ever this year, despite enacting new anti-fraud measures. Below are the top three tax scams to watch out for in 2016.

Fraudulent Filing

A common tax scam is where scammers use taxpayers’ social security numbers to file and claim their refunds. One Ohio resident who fell victim to the scam last year said it took her four months to prove to the IRS that she had fallen victim to a tax scam and receive her refund.  To avoid becoming a victim of this scam, make sure and file early before scammers can access your information.

IRS Phishing Email

Scammers are sending out phony emails claiming to have information regarding tax refunds. The email says, “Click here for the latest on your refund,” or something similar. But it’s a phishing scam designed to get you to enter your social security number.  Just clicking on the link can invite malware onto your computer. The IRS will never contact you via email requesting you download files or click on links.

IRS Phone Scam

The most common tax scam in recent years is the scam where taxpayers receive a call from someone claiming to be with the IRS or the Treasury Department who tells you that you are behind on your tax bill. The scammers threaten to arrest or deport you unless you pay immediately.  Hang up if you receive a call like this.  The IRS would never make these type threats.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

Jersey Shore Star, ‘The Situation’ Indicted for $8.9M Tax Fraud Conspiracy

Former Jersey Shore cast member, Mike Sorrentino (a.k.a. ‘The Situation’) and his brother / business manager, Marc Sorrentino appeared in a New Jersey Federal Court this week to plead not guilty to a fraud indictment claiming they did not pay taxes on $8.9 million of income. Court documents show that both Sorrentino and his brother are being charged with one count of conspiracy to defraud the U.S., and an additional two counts of filing false returns.  His brother faces three.  ‘The Situation’ is also charged with not filing a tax return in 2011, when he earned more than $1.9 million in income.

The document states, “From in or about January 2010 through in or about November 2013, in Monmouth and Ocean Counties, in the District of New Jersey and elsewhere, defendants Marc Sorrentino and Michael Sorrentino, aka ‘The Situation,’ did knowingly and intentionally conspire and agree with each other and others to defraud the United States by impeding, impairing, obstructing, and defeating, through deceitful and dishonest means, the lawful functions of the IRS, a constituent agency of the United States Department of the Treasury, to ascertain, compute, assess, and collect federal income taxes,”

“According to the indictment, Michael and Marc Sorrentino filed false tax returns that incorrectly reported millions made from promotions and appearances,” U.S. Attorney Paul J. Fishman said in a statement. “The brothers allegedly also claimed costly clothes and cars as business expenses and funneled company money into personal accounts. The law is absolutely clear: telling the truth to the IRS is not optional.”

The conspiracy and filing false tax returns each carry a maximum penalty of three years in prison and a $250,000 fine. The count charging ‘The Situation’ for failing to file a tax return carries a maximum potential penalty of one year in prison and a $100,000 fine. Regardless of your occupation or status in life, if you attempt to cheat on your taxes for personal financial gain- you face real consequences, criminal prosecution and even jail time.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:
https://celebrity.yahoo.com/blogs/celeb-news/mike–the-situation–sorrentino-indicted-for-tax-crimes-181532715.html

http://www.people.com/article/mike-the-situation-sorrentino-tax-evasion

Bankruptcy Law, Credit, Timothy Kingcade Posts

Avoid Getting Audited this Year: 10 Tax Audit Red Flags

1.) You’re “very” charitable. Be careful not to exaggerate your good deeds. The IRS has pre-calculated a donation level for each income range, so anything that exceeds those amounts could cause the IRS to take a second look at your return. Keep in mind- you are required to keep receipts for any donations exceeding $250 and to fill out form 8283 for any non-cash donations exceeding $500. Non-cash donations are where a lot of people end up exaggerating and get into trouble. So remember, items that you are giving to Goodwill should be valued at the price someone would actually pay for them today- not the amount you purchased them for 10 years ago.

2.) You deduct your home office. The home office deduction is one of the most complicated and abused deductions in the tax code. Starting this year, you can claim $5 per square foot of workspace, up to 300 square feet. The deduction will be capped at $1,500 per year. The IRS’s definition of a home office remains the same. Your home office must be your primary place of business and used exclusively for work. So if you check your emails from the kitchen or work from home a couple times a week, this does not constitute a home office.

3.) You claim bizarre deductions. These can spark suspicion with the IRS. When in doubt, ask a tax professional before claiming these deductions.

4.) You’re a millionaire. Being rich has its benefits, but not during tax time. The more income you report, the higher the likelihood you will get audited. Be sure and keep up-to-date records of all income, donations and other transactions. The better documentation you have and the more organized you are, the less headaches you will have down the road.

5.) You claim the same child someone else does. If your ex files taxes before you do and claims your child as a dependent, the IRS is going to be very suspicious if you claim the same child as a dependent. This often happens when a couple gets divorced and one parent has primary custody, but the other still tries to claim the child as their dependent. Even if you are in the right, the IRS may force you to provide extensive documentation proving this.

6.) You have money abroad. The IRS has made it a mission to retrieve money that is illegally being stashed in overseas accounts. So even if you have money in a perfectly legal account abroad, you better report it. Failing to disclose this can result in penalties, including a fine of up to $100,000 or 50% of the account balance- whichever is greater.

7.) You claim the earned income tax credit. This refundable credit can be as much as $6,000 depending on your income and how many children you have. That’s why the IRS tries to make sure that this credit is only given to those who truly deserve it. If you claim this credit, make sure and have documentation including the Social Security numbers of all of your children and proof that they live with you (i.e. – letters from their schools or doctors that were sent to your address).

8.) You deduct gas costs. Most employers reimburse you for driving-related costs like gas and mileage. So if you are deducting hundreds or thousands of dollars of automobile costs as a business expense that is going to raise suspicion from the IRS. If you own a business, you can only deduct business-related costs. The gas you purchase for personal trips cannot be combined with that.

9.) Your “business” is really just a hobby. The general rule of thumb is that if the venture has not earned a profit in three out of the last five years, it’s usually not a legitimate business.

10.) You fail to report income. For those who earn money from a variety of different sources, it can be easy to forget an account. Some clients forget about small brokerage accounts they have and since the IRS receives information from brokerage firms directly as well, there is a good chance you will be contacted if your records do not match up with what the IRS receives. If you worked side jobs and earned more than $600 at any one of them in a year, those employers should send you a Form 1099 so you can report that income on your taxes as well.

Click here to read more on this story.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law

Beware of Identity Theft this Tax Season

The IRS has issued identity theft warnings this tax season. Following the recent data breaches consumers have experienced, taxpayers need to be extra careful with their personal information. According to the IRS, identity theft is one of the fastest growing crimes in the nation and theft related to tax refunds is one the agency’s biggest problems right now.

Below are some tips to keep your personal information safe this tax season and year around!

• Do not give your personal information out to just anyone, make sure it is a trusted individual.

• Do not carry your social security card on you or anything with your social security number on it.

• If you file your taxes electronically, make sure your computer’s security system and virus protection is up to date.

• Never share your personal information through social media or email.

Click here to read more on this story.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Timothy Kingcade Posts

When Can I File my 2013 Taxes?

Due to the government shutdown, the filing date has been pushed back to file your 2013 tax returns. The IRS has announced plans to open the 2014 filing season on January 31, 2014, as opposed to the January 21st date. The government shutdown and the extensive set of ATRA tax changes affected many 2012 tax returns, which led to the late January opening.

The IRS noted several options available to help taxpayers prepare and receive their refunds as quickly as possible.

• Many software companies are expected to begin accepting tax returns in January and hold those returns until the IRS systems open on January 31.

• Taxpayers are encouraged to file their tax returns using e-file or Free File with the direct deposit option to receive their refunds the fastest.

• The April 15 tax deadline is set by statute and will remain in place. To receive an automatic six month extension, you will need to file Form 4868, electronically or through the mail.

Click here to read more on this story.