Are You Guilty of Tax Perjury on your US Tax Return?

INTERNAL REVENUE CODE SECTION 7206 SAYS:

Any person who -  

(1) Declarations under penalties of perjury (this is what you sign when you sign your form 1040 tax return on page 2)

Willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties  of perjury, and which  he or she does not believe to be true and correct as to every material  matter...

   shall be guilty of a felony and, upon conviction thereof, shall be fined not more than    $100,000   ($500,000 in the case of a corporation), or imprisoned not more than 3 years, or       both, together    with the costs of prosecution.

   If you may have violated this tax law and want to discuss your exposure with an Attorney/CPA   under the protection of Attorney - client privilege email Don at ddnelson@gmail.com to set   up a consultation.

US Expats Can Still Vote for President - Here is How

The following US State Department site has all rules and forms to register to vote when you live abroad.  There is still time....over 500 days before the next Presidential election.

US State Department Link to Learn How to Vote Abroad

Arbitration Laws Are Great in Mexico and its Less Costly and Much Faster than the Mexican Court System

Mexico has  excellent arbitration laws.  If you live and work in Mexico, you should consider putting an arbitration clause in your next contract or agreement. Such a clause in the event of a dispute may save you untold amounts of legal fees and time.  It is a fact that in many parts of Mexico the courts are so backlogged that  can take 5 to 18 years to get a decision and during the entire period attorneys are charging additional fees.

If you have an arbitration clause in your agreement you can usually get a decision within 6 months to a year and have that arbitration decision entered with the court as a judgment very quickly.  It is also possible to remove legal disputes from the Mexican Courts and have them resolved with arbitration if both parties agree.  The parties may agree just so they both get a quicker decision and possibly a more knowledgeable decision.

When parties arbitrate they can pick the arbitrator with experience in the particular area of law governing the dispute. Often when disputes are litigated in Court, the judge has little or no background in the governing law and therefore the final decision can be arbitrary and not predictable.

Arbitration decisions in most situations cannot be appealed. But if you have chose a knowledgeable arbitrator (1 or 3 arbitrators can be used ), and it saves you waiting 5,10 or more years for a decision, that disadvantage may be worth ignoring

In lieu of arbitration of disputes, consider mediation.  When parties mediate a neutral mediator with experience in the applicable laws works with the two opposing parties to help them reach a mutually satisfactory resolution.  Statistics show that mediation has a 30 to 50 percent chance of success and it is significantly less expensive than arbitration or litigation in Court.

Want to know more about Arbitration or Mediation in Mexico?  Want the proper provisions included in your legal agreements and  wish to know how to arbitrate your legal dispute in Mexico?  To learn more email us at ddnelson@gmail.com.   Don D. Nelson, Attorney at Law, CPA.

DUE DATES OF CERTAIN IRS TAX FORMS CHANGED

The due date of Form 114 (FBAR) will now be April 15th following the end of each calendar year.

The due date of Form 1065 partnership returns is not March 15th for Calendar year partnerships

The due date of Corporate return form 1120 will not be April 15th for Calendar year corporations.

These changed due dates start after 2015.

Read more in this Forbes Article

Five Tax Tips about Hobbies that Earn Income

Millions of people enjoy hobbies. They can also be a source of income. Some of these types of hobbies include stamp or coin collecting, craft making and horse breeding. You must report any income you get from a hobby on your tax return. How you report the income is different than how you report income from a business. There are special rules and limits for deductions you can claim for a hobby. Here are five basic tax tips you should know if you get income from your hobby:

1. Business versus Hobby.  A key feature of a business is that you do the activity to make a profit. This differs from a hobby that you may do for sport or recreation. There are nine factors to consider when you determine if you do the activity to make a profit. Make sure you base your decision on all the facts and circumstances of your situation. Refer to Publication 535, Business Expenses to learn more. You can also visit IRS.gov and type “not-for-profit” in the search box.
2. Allowable Hobby Deductions.  You may be able to deduct ordinary and necessary hobby expenses. An ordinary expense is one that is common and accepted for the activity. A necessary expense is one that is helpful or appropriate. See Publication 535 for more on these rules.
3. Limits on Expenses.  As a general rule, you can only deduct your hobby expenses up to the amount of your hobby income. If your expenses are more than your income, you have a loss from the activity. You can’t deduct that loss from your other income.
4. How to Deduct Expenses.  You must itemize deductions on your tax return in order to deduct hobby expenses. Your costs may fall into three types of expenses. Special rules apply to each type. SeePublication 535 for how you should report them on Schedule A, Itemized Deductions.
5. Use IRS Free File.  Hobby rules can be complex. IRS Free File can make filing your tax return easier. IRS Free File is available until Oct. 15. If you make $60,000 or less, you can use brand-name tax software. If you earn more, you can use Free File Fillable Forms, an electronic version of IRS paper forms. You can only access Free File through IRS.gov.

You can get Publication 535 on IRS.gov/forms at any time. Have questions. Go to www.TaxMeLess.com 

US NONREPORTING TAXPAYERS WITH SWISS ACCOUNTS FACE 50% PENALTIES

See Forbes article for list of Swiss Banks Included

http://www.forbes.com/sites/robertwood/2015/07/01/swiss-accounts-facing-50-irs-penalties-balloon-to-26-banks/

FORM BE 10 DUE BY JUNE 30TH OR THERE MAY BE PENALTIES - THIS FORM MUST BE FILED IN MOST SITUATIONS WHEN YOU OWN A FOREIGN CORPORATION

Form BE 10 and its many  sub variations is not a tax form, but is now required by by another Branch of the Government and not the IRS.

As a courtesy, we are making you aware of the potential requirement. It is a survey that is required whenever a U.S. person owns 10% or more of any business enterprise overseas. The form is due June 30th. Read more about it in the following link:

http://www.bea.gov/surveys/respondent_be10.htm

Our firm does  not plan to get involved in these filings as a rule; however, if any of you need help we can see what we can do. If you are conservatively minded you should file the form to avoid any exposure to possible penalties.

IRS Videos For US Internatonal Taxpayers, expatriates and nonresidents

The following videos are now available on the IRS YouTube page for expatriates, US international taxpayers and nonresidents.

International Taxpayers-Introduction to the International Taxpayers Web Page   [Text]
Learn about the International Taxpayers section on IRS.gov and the helpful resources available to you.

International Taxpayers-Individual Taxpayer Identification Number (ITIN)   [Text]
This video helps non-U.S. citizens determine if they need an IRS-issued tax reporting number, known as an ITIN, and how to apply for one.

International Taxpayers-Filing Requirements   [Text]
Learn about the requirements for filing an individual income tax return, including income limits while living abroad.

International Taxpayers-Filing Status If Married to a Nonresident Alien   [Text]
Find out different filing status options if you are married to a nonresident alien.

International Taxpayers-Foreign Earned Income Exclusion   [Text]
Find out who is eligible, what income qualifies and how to claim the exclusion.

International Taxpayers-Foreign Tax Credit   [Text]
Find out if you can claim a foreign tax credit for the foreign tax you paid.

If you need individual assistance on any of these matters go to www.TaxMeLess.com and www.expatattorneycpa.com for attorneys and CPAs with specialized expertise in all of these matters. Email us at ddnelson@gmail.com 

 References/Related Topics

• International Taxpayer

Purchasing, Owning and Selling Real Estate in Mexico ...Almost Everything You Need to Know

Over 65 articles by experts on every aspect of purchasing, owning and selling real estate in Mexico.   http://www.mlsinbajasur.com/real-estate-articles.html

June 15th Expat Tax Return Deadline and Filing for Extensions

If you were an expat living abroad on 4/15/15, your tax return  for 2014 is due on 6/15/15.  It can be extended further by filing form 4868 by that due date. Then your return is due on 10/15/15. These same due date rules apply to nonresident US tax returns.  This extension can be filed on paper or there are some on line locations which may permit you to file this extension form. Be certain to check the box indicating your are an expat.

If you need additional time to qualify for the bonafide residence foreign earned income exclusion (form 2555) you can file form 2350 to extend your return further out until a date you have qualified for a full calendar year living abroad.

Your Form 114 (FBAR) which reports your foreign financial accounts is due on 6/30/15 for 2014 and cannot be extended any further.  Failure to timely file this reporting form can result in substantial penalties.  You can only file this form on line at http://bsaefiling.fincen.treas.gov/NoRegFBARFiler.html

Though expats get these special extension rules, any taxes owed must be paid in by 4/15/15 to avoid penalty and interest charges if any taxes are later due with the return.