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Know about Tax Debt before Filing for Bankruptcy

Bankruptcy Cliff

Filing for bankruptcy may feel like accidentally stepping off a cliff – it’s not something most people can mentally prepare themselves for in advance. 

Key Takeaways

  • Filing for bankruptcy may feel like accidentally stepping off a cliff – it’s not something most people can mentally prepare themselves for in advance.
  • When it happens and you find yourself falling, it’s difficult to know if you’ll hit rocks below and suffer permanent damage. Alternately, you could plunge into a lake, bob to the surface and have an easy swim to shore.
  • Then there are the issues that accompany the decision to file such as tax consequences. The debtor must try to satisfy not just the creditors, but often federal and/or state tax collectors.

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Establishing Residency or Domicile in California Can Be Taxing

ResidencyDomicileBlog

Robert Wood, tax expert and frequent contributor to Forbes.com, wrote that “many would-be former Californians have unrealistic expectations about establishing residency in a new state. They may have a hard time distancing themselves from California, and they may not plan on California tax authorities pursuing them.” 

Key Takeaways

  • Guidance Questions of Facts
  • Temporary or Transitory Purposes
  • What About Domicile?

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Can Internal Revenue Code Section 1202 Benefit You?

Section1202 Blog

There is a generous tax benefit that only select taxpayers qualify for. Not well known, it is called ‘‘qualified small business stock,’’ or QSBS for short, and is found in Section 1202 of the Internal Revenue Code. Titled the “Partial Exclusion for Gain from Certain Small Business Stock,” it allows taxpayers to exclude gain from certain stock.

Key Takeaways

  • There is a generous tax benefit that only select taxpayers qualify for.
  • The original language of the section allowed taxpayers to not include 50% of any gain from sale or exchange of qualified small business stock held more than five years from gross income.
  • In the case of qualified small business stock acquired in 2010 and beyond, 100% shall be substituted for 50% in § 1202(a)(1). (§ 1202(a)(4)).

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California FTB Knocking Harder on Business Doors

FTBandBusinessBlog

We are now more than a year removed from the first reported COVID-19 case in the United States. Since then, government-forced shutdowns have rocked hundreds of thousands of businesses. When the catastrophic news hit, most business owners made the health and safety of themselves and their employees priority one.

Key Takeaways

  • Business concerns including taxes do not just evaporate with terrible news, however.
  • To help take some of the burden off of your shoulders I’ve written this article to walk you through the tax collections process for California businesses.
  • It will also notify the business whether there are outstanding tax issues and if so, allows a reasonable time for the business entity to comply.

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Offers in Compromise, The IRS and COVID-19

AdobeStock 84429206 Scaled

Back taxes can be a sore subject – one that never makes anyone smile – except perhaps in the movies. In the first season of the The Kominsky Method, an American comedy-drama on Netflix, an aging but still debonair Michael Douglas plays a once successful actor now Hollywood acting coach named Sandy Kominsky, who finds himself neck-deep in tax debt.

Key Takeaways

  • The Offer in Compromise
  • COVID-19 Pre-July 15, 2020
  • COVID-19 Post-July 15, 2020 
  • As the Pandemic Continues, so might IRS Relief Initiatives

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The State of FTB Tax Collections for Individuals

California State Mask2

“Whether you agree that raising taxes during an economic recession is bad for the economy or not, state and local governments should be doing everything in their power to bid Congress to provide more direct aid. This would minimize the need for tax increases or spending cuts,” wrote Michael Mazerov in Tax Notes.

Key Takeaways

  • “Whether you agree that raising taxes during an economic recession is bad for the economy or not, state and local governments should be doing everything in their power to bid Congress to provide more direct aid.
  • In previous articles, I touched on tax liability issues that predominantly covered taxpayers owing money to the IRS. The citizens of California could also owe taxes to the California Franchise Tax Board (FTB).
  • What does the FTB collections process look like for individuals in California and how has COVID-19 impacted these policies.

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Owning a Business & Owing Taxes in the Present-Day Pandemic

Tax Debt Vaccination

“Time and the hour run through the roughest day,” wrote William Shakespeare over four centuries ago. Had he lived during our present-day plague, what might he have written? Indeed, 2020 was a very challenging year for everyone. Outside of individual health risks, most businesses were sorely impacted.

Key Takeaways

  • Automatic Extensions Have Passed
  • How COVID-19 is Impacting Taxes
  • The New and Improved State Nexus
  • A Tax Debt Vaccination

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Now for Some Good News: An Employee Retention Tax Credit

Good News Blog

Today is one of the most challenging times to be a business owner in recent memory. In order to help business owners and incentivize companies to keep employees on the payroll, the IRS introduced the Employee Retention Credit.

Key Takeaways

  • Today is one of the most challenging times to be a business owner in recent memory.
  • To break this down, I will use two companies to illustrate the different rules and applications of the Employee Retention Credit.
  • The Employee Retention Credit “is a refundable tax credit against certain employment taxes equal to 50% of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021.

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Individual Tax Liability In The Time of COVID-19

COVID 19 And Taxes Blog

Few entities are as powerful as the IRS and if you’ve received notification that you owe them, it can be very daunting. Even if you aren’t in debt, you may still be wondering what COVID-19 and the policies put into place last summer might mean to taxpayers this year.

Key Takeaways

  • How to Resolve Your IRS Collections Issues
  • IRS Penalties
  • COVID-19
  • What’s Ahead?

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What Are Criminal Tax Restitution, Fines and Forfeiture?

Tax attorney consultation at Brotman Law

For a taxpayer facing a criminal tax sentence the two questions that will resonate in his or her thoughts are:  1) How much will I owe? And,  2) Will I go to jail? 

Key Takeaways

  • What is Restitution?
  • How is the Amount of Restitution Calculated? 
  • How Goes the Government Collect Restitution?
  • What is Criminal Forfeiture?
  • What is the Criminal Forfeiture Process?

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Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California