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

Installment Agreements and the IRS: Settling Your Debt

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Key Takeaways

  • Aside from the possible late filing fee, there are penalty fees for late payment. They are charged at ½ of 1% of your unpaid tax balance.
  • Under the Fresh Start Initiative, if you owe less than $50,000 total in back taxes, penalties, and fees you should qualify for a 72-month Installment agreement without needing to undergo an in-depth financial disclosure.
  • If you owe more than $50,000 total in back taxes, penalties, and fees, or if you will need more than 72 months to clear your balance, you will need to submit a detailed financial statement with your application.

In an ideal world, everyone would be able to pay their taxes in full and on time, but sometimes it just isn’t possible. If difficult circumstances mean that you are coming up short during a tax season, it is probably the source of a lot of stress and anxiety.

The instinct to avoid the issue may be strong, but it can cause your problems to multiply exponentially. Interest, penalties, and other severe consequences can begin to build up. The most important thing for anyone struggling with their taxes to know is:

  • the IRS can usually work with you, but only if you work with them, and
  • calling a tax attorney is often a better idea than seeking out the advice of your CPA.

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IRS Currently Non-Collectible Status

Brotman Law

Negotiating with the IRS is Possible

Key Takeaways

  • While the taxpayer is in not collectible status, the 10-year statute of limitations still applies within this context.
  • Taxpayers must provide an outline of allowable monthly expenses (expenses related to life, health, welfare, or the production of income.
  • Lastly, taxpayers must calculate their total IRS back-tax liability.

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How to Hire a Tax Attorney to Deal with the FTB

Brotman Law

Key Takeaways

  • One of the main reasons that I started blogging was to help people.
  • Because I am focused on the FTB at the moment, I want to state that I do not believe everyone needs a tax attorney to handle their issues with the Franchise Tax Board.
  • Indeed, if you take the time to read much of what I have written on the blog, you can almost become as knowledgeable as I am on many of these same subjects (although I have an experience edge dealing with this stuff in practice).

One of the main reasons that I started blogging was to help people. I wanted to motivate “self-help” style legal solutions by taking the knowledge that I have as an attorney and making it available on the web.

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How Does the CA Employment Development Department Handle Tax Liens?

International Tax Compliance | Brotman Law

We have talked about how tax liens are handled by the Franchise Tax Board and the California Department of Tax and Fee Administration in past blog posts. Now we would like to take up the final taxing authority you deal with as a business owner in the state of California: the Employment Development Department, or EDD.

To lead into this article, let’s start with the definition of what this agency is responsible for.

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Virtual Currency Transactions and the Audit Process

Tax defense services — Brotman Law

Key Takeaways

  • The IRS will ask for your wallet ID and blockchain addresses to gather detailed information about any virtual currency transactions.
  • If you fail to adequately respond to the IRS’ letters or fail to amend improperly filed virtual currency earnings, it is likely that the IRS will initiate an audit.
  • Although audits may be conducted both via mail and in-person, it is likely that the IRS will conduct your virtual currency audit via mail.

The IRS will ask for your wallet ID and blockchain addresses to gather detailed information about any virtual currency transactions.

 

If you fail to adequately respond to the IRS’ letters or fail to amend improperly filed virtual currency earnings, it is likely that the IRS will initiate an audit.

Although audits may be conducted both via mail and in-person, it is likely that the IRS will conduct your virtual currency audit via mail. The audit process “officially” begins when the IRS issues you an audit request.

While audit requests can vary in content, there are several preliminary questions the IRS will ask about your virtual currency income. You can expect that they will ask you to disclose all accounts, including:

  • Wallet ID and blockchain addresses; and
  • any digital currency exchanges utilized, along with their respective user IDs, email addresses, IP addresses, and account numbers relating to those platforms.

In addition, the IRS will most likely require detailed information about any virtual currency transactions, including:

  • The date and time each unit of virtual currency was acquired.
  • The basis and FMV of each unit at time of acquisition.
  • The date and time each unit was sold, exchanged, of otherwise disposed.
  • The FMV of each unit at the time of sale, exchange, or disposition, and the amount of money or the FMV of property received for each unit, and;
  • An explanation of the method used to compute basis relating to the sale or other disposition of virtual currency.

If you are unable to provide the IRS with specifics of when your cryptocurrency or NFTs were purchased or sold, the IRS will assume that you disposed of your virtual currency in chronological order, beginning with the earliest unit of cryptocurrency or NFTs purchased or acquired.

This default method is known as the first in, first out (“FIFO”) basis. See Internal Revenue Service Notice 2014-21. The FIFO method has several drawbacks, especially if you’re a high-volume cryptocurrency user.

The FIFO method isn’t recommended during times of inflation or fluctuation, as it does not accurately reflect production costs.

While the IRS will assume you sold your cryptocurrency or NFTs at an inflated rate, it will not take the same consideration into account when calculating your production costs.

The result? FIFO makes it appear as though you earned more than you actually did. For this reason, you will most likely incur larger tax liabilities- which is why the IRS prefers to utilize this particular method.

It is imperative that you maintain organized transaction records at all times. Organized records are the key to ensuring that you’re accurately reporting your virtual currency earnings.

It is also important that you respond by the date stated on your audit notification letter. Failure to do so may result in the IRS issuing you a tax penalty by default.

Generally, the IRS can include returns filed within the last three years in an audit.

However, it is highly unlikely that the IRS will review three years of records, especially since the IRS has only recently begun sending letters and issuing virtual currency tax directives.

WHAT HAPPENS WHEN I SEND MY RESPONSE TO THE IRS?

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How To Report Your Virtual Currency Earnings

Tax strategy services — Brotman Law

Key Takeaways

  • Individuals earning more than $600 in staking or rewards are required by the IRS to report the earnings and send in Form 1099-MISC.
  • As is the case with all other forms of income, it is the duty of the taxpayer to report virtual currency earnings.
  • The IRS requires that exchanges issue Form 1099-MISC to individuals who have earned more than $600 in staking or rewards.

Individuals earning more than $600 in staking or rewards are required by the IRS to report the earnings and send in Form 1099-MISC.

 

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10 Common Tax Filing Mistakes And How To Avoid Them

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Key Takeaways

  • Mistake No. 1: Miscalculations in Math
  • Mistake No. 2: Errors in Deductions or Credits
  • Mistake No. 3: Name Errors
  • Mistake No. 4: Incorrect Account and Routing Numbers
  • Mistake No. 5: Failing to Report Additional Income

It is time once again for that annual rite of passage for every taxpayer: getting the tax return and payment to the IRS on time.

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Frequently Asked Questions About Tax Attorneys

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The only people who like taxes are those who collect them, right? But every year most taxpayers fulfill their civic duty, knowing that their dollars support federal, state and municipal infrastructure, healthcare, social security, schools and universities, our veterans, national defense and more. 

Even so, most people still dislike paying taxes, but some of us are outright afraid of the tax agencies, both federal and state, and not without reason.

The questions that weigh heavy on the minds of those who are dealing with tax problems usually include whether to hire a tax attorney or a CPA, when to hire a tax attorney, and how to find a good one.

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