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May 7, 2018

WHERE YOUR TAX DOLLARS GO AFTER YOU PAY THE IRS

The link below goes to an excellent article that states where you tax dollars go after you pay the IRS and also sets forth how much the federal governement borrows to cover the rest of their budget.

https://www.military.com/daily-news/2018/04/24/where-your-tax-dollars-go-after-you-pay-irs.html

Email us if you want to give the IRS less tax dollars.  Don Nelson, US Tax Attorney

May 1, 2018

WHEN TO REPORT DIGITAL CURRENCY ON YOUR FBAR form 114

The IRS says it is not bound by oral advice.  Ignoring that rule,  we did received the statement below from an IRS agent by email.


Digital currency like Bitcoin would only be reportable if it is held in account with a financial institution or someone acting as a financial institution.   It is digital currency held in a digital wallet, not in a financial institution. The digital wallet is not a foreign financial account.  In that form. it is not reportable on FBAR.

Need FBAR help, email an experienced tax attorney with your questions at ddnelson@gmail.com 

April 9, 2018

Avoiding California State Income Taxes When Moving Abroad

This is often called the California Safe Harbort Rule for Expatriates.

It is often difficult to give up your obligation to pay California taxes when starting to work abroad.  California is an "Intent State."  That California wants to continue to tax you until you show the intent of moving your tax domicile to another country or state.  They  look at all of the facts and circumstances in retrospect years later to determine if you actually had the "intent" to move your tax residency to another country.


There is a solution to the ambiguities involved with successfully giving up your California residency for tax purposes. That is the Safe Harbor Rule which can be used. Under that rule:
  • You must remain living and working outside of California for at least 546 days under a contract of employment;
  • You do not have more than $200,000 in investment income;
  • You do not return to California more than 45 days during any calendar year.
If you meet these criteria, you are automatically deemed to be a California nonresident for the period you work abroad even though you may still have a California drivers license, voter registration, etc.

It is important to successfully avoid California tax domicile status when living abroad since California does not allow the foreign earned income exclusion or foreign tax credits. If means if you remain a California tax resident a lot of taxes may be due.  If you originally move abroad and later move back to California before the 546 days passes you will owe tax returns for all of the years you were claiming this exception as well as any applicable penalties and interest. If California deems you a resident you owe it taxes on your worldwide income.

Some states make it even tougher to give up the obligation to pay state taxes when working abroad. Virigina and New Mexico are just a few.

We can help you avoid continuing having to pay state taxes when you move abroad to work or retire. Contact us if you have questions or concerns at ddnelson@gmail.com.  Visit our website at www.taxmeless.com   Our US phone is 949-480-1235

April 7, 2018

Foreign Corporation Form 5471 - File it or else

Form 5471 must be filed by those who own 10 percent or more of a foreign corporation.  It contains information on other US owners, an income statement and a balance sheet.  Failure to file it can cause the nonfiler (if caught) to incur a $10,000 penalty from the IRS.  You must file form 926 also in the initial year to report your capital contribution to the foreign corporation.

If your foreign corporation is inacive and has less than $100,000 in assets and little if any income you may be eligible to file just page one of form 5471. Read more about the filing requirements and special rules that apply if you have failed to file this form at www.taxmeless.com. Email us with questions at ddnelson@gmail.com . We are attorneys and CPAs with the expertise you need.


March 30, 2018

GOING TO JAIL FOR NOT PAYING YOUR US TAXES WHILE LIVING ABROAD

If your earnings from whatever source and from anywhere in the world exceed a certain minimum
amount you must file a US tax return with the IRS. Also there are many special forms which must be filed to report foreign financial accounts, foreign corporate or partnership ownership, foreign trusts, foreign gifts and inheritances, and earnings from foreign mutual funds.  If you fail to file these forms you can be prosecuted and go to jail.  If you file a return you cannot go to jail for failure to pay the taxes due.


READ MORE ABOUT IRS CRIMINAL LAW FOR TAX MATTERS HERE

The statute of limitations for filing returns and collecting taxes never runs out if you fail to file a required IRS income tax return.  If you need help email Don D. Nelson, US Tax Attorney at Law at ddnelson@gmail.com for a consultation.

US EXPATRIATES OFTEN OVERLOOK THIS ADDITIONAL BENEFIT FOR THOSE WORKING AND LIVING ABROAD

If you wages or self employment earnings abroad exceed  the foreign earned income exclusion, do not forget the expat housing deduction or exclusion.  It allows you to deduct your rent, utilities, maid, and repairs if you rent abroad exceeds a certain minimum amount.  The maximum amount that can be claimed varies by the cost of living in various countries.

The housing exclusion applies only to amounts considered paid for with employer-provided amounts, which includes any amounts paid to you or paid or incurred on your behalf by your employer that are taxable foreign earned income to you for the year (without regard to the foreign earned income exclusion). The housing deduction applies only to amounts paid for with self-employment earnings.
Your housing amount is the total of your housing expenses for the year minus the base housing amount. The computation of the base housing amount (line 32 of Form 2555) is tied to the maximum foreign earned income exclusion. The amount is 16% of the maximum exclusion amount (computed on a daily basis), multiplied by the number of days in your qualifying period that fall within your tax year.
Housing expenses include your reasonable expenses actually paid or incurred for housing in a foreign country for you and (if they lived with you) for your spouse and dependents. Consider only housing expenses for the part of the year that you qualify for the foreign earned income exclusion.
Housing expenses do not include expenses that are lavish or extravagant under the circumstances, the cost of buying property, purchased furniture or accessories, and improvements and other expenses that increase the value or appreciably prolong the life of your property.
You also cannot include in housing expenses the value of meals or lodging that you exclude from gross income (under the rules for the exclusion of meals and lodging), or that you deduct as moving expenses.
Also, for purposes of determining the foreign housing exclusion or deduction, your housing expenses eligible to be considered in calculating the housing cost amount may not exceed a certain limit. The limit on housing expenses is generally 30% of the maximum foreign earned income exclusion, but it may vary depending upon the location in which you incur housing expenses. The limit on housing expenses is computed using the worksheet on page 3 of the Instructions for Form 2555.
Additionally, foreign housing expenses may not exceed your total foreign earned income for the taxable year.  Your foreign housing deduction cannot be more than your foreign earned income less the total of your (1) foreign earned income exclusion, plus (2) your housing exclusion.
Although the foreign housing exclusion and/or the deduction will reduce your regular income tax, they will not reduce your self-employment tax.
Your housing expenses may not exceed a certain limit. The limit on housing expenses varies depending upon the location in which you incur housing expenses. The limit on housing expenses is computed using the worksheet on page 3 of the Instructions for Form 2555.
The foreign housing exclusion or deduction is computed in parts VI, VIII, and IX of Form 2555. Please refer to the Instructions for Form 2555 and chapter 4 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.


March 28, 2018

IRS TAX TOOLS YOU CAN USE ON LINE TO FIND ANSWERS TO YOUR TAX QUESTIONS


Where’s my refund?

By using the “Where’s My Refund?” tool available on IRS.gov and on the official IRS mobile app, IRS2Go, taxpayers can easily find the most up-to-date information about their tax refund. Taxpayers can start checking on the status of their return within 24 hours after the IRS acknowledges receipt of a taxpayer’s e-filed return or four weeks after the taxpayer mailed in a paper return. The system is updated daily, so there’s no need to check more often.

Getting a tax return transcript?

Those who need a copy of their tax return can use the online tool, Get Transcript. It’s free and available on IRS.gov. Taxpayers can view, print or download their tax transcripts for the most current tax year after the IRS has processed the tax return.

Instant answers to tax law questions.

Many tax law questions can be answered quickly when using any of several tools on IRS.gov:
Need to make a payment?

IRS Direct Pay offers taxpayers the fastest and easiest way to pay what they owe. This free online system allows individuals to securely pay their tax bills or make quarterly estimated tax payments directly from checking or savings accounts without fees or pre-registration. See IRS.gov/Payments for information on this and other payment options.

Can’t pay a tax bill?

For taxpayers concerned about a tax bill they can’t pay, the Online Payment Agreement tool can help determine if they qualify for a payment plan with the IRS.
The Offer in Compromise Pre-Qualifier can help determine if a taxpayer qualifies for an Offer in Compromise. An Offer in Compromise is an agreement with the IRS that settles a person’s tax liability for less than the full amount owed. 

Questions about an amended return?

The “Where’s My Amended Return?” tool provides the status of an amended tax return, Form 1040X. Taxpayers can check on the current year 1040X and up to three prior years. Allow up to three weeks after filing to check on the initial status, and up to 16 weeks for processing.

When you need professional assistance and guidance we offer a mini consultation by phone or skype where most of your questions can be answered and you can structure your US tax future to your personal benefit. It is subject to the absolute privacy of 'attorney-client" privilege. Email Don Nelson, Attorney at Law at ddnelson@gmail.com or call US 949-480-1235. Visits our website at www.taxmeless.com