Poll reveals Americans' views on government finance

A new poll suggests many Americans support President Barack Obama's proposal to increase taxes on the nation's millionaires.

The research, conducted by GfK and the Associated Press, found that at least 65 percent of respondents were in favor of requiring those with incomes above $1 million to pay at least 30 percent in taxes, compared to about 26 percent who opposed the idea.

At the same time, however, researchers found that more than half responded more positively to the idea of cutting spending to improve the government's fiscal situation, The Associated Press reports. Only about 30 percent suggested that higher taxes are generally a preferable solution.

This trend may be beneficial for day traders, given that financial transactions and capital gains have been considered and proposed as targets for higher taxation. A general sentiment favoring spending cuts, despite the specific support for this particular presidential proposal, could decrease the odds of lawmakers legislating higher day trading taxes.

The poll also determined that Congressional approval is at about 19 percent, which AP states is close to what was found last December. This remains close to the all-time low the survey reported last August, when only 12 percent of respondents said they approved of the job Congress was doing. At that time, legislators had just ended a struggle over whether to raise the debt limit. Some said they have not worked together effectively to cope with national economic difficulties and the budget deficit.

President pushes for 28 percent corporate tax rate

In a move that would have a significant impact on many day trading companies across the country, the Obama administration has announced that it would look to reduce the top corporate tax rate to 28 percent.

There has been a great deal of discussion about the current tax structure for U.S. companies, and dropping the maximum rate from 35 to 28 percent would be a significant step for many businesses. The administration says it will make up for the tax reduction by removing several loopholes in the current code. However, those changes have yet to be detailed.

The changes echo statements made by the chief executive during his recent State of the Union speech, in which he called for incentives to be given to manufacturing companies.

Treasury Secretary Timothy Geithner said the proposal would "help level the playing field for businesses and allow the government to collect needed revenue while promoting economic growth" during a committee meeting last week.

Some analysts highlighted the political angle of the announcement, as candidate Mitt Romney has also called for a restructuring of the corporate tax code.

"Everyone agrees on the basic principle of lowering rates in exchange for eliminating loopholes," Dean Baker, co-director of the Center for Economic and Policy Research, told Reuters.

While the change would not have a significant impact on day traders incorporated as a limited liability company, or LLC, the other changes being introduced into the corporate tax code may create additional hesitancy for business owners.

Ten Things to Know About Capital Gains and Losses

Did you know that almost everything you own and use for personal or investment purposes is a capital asset? Capital assets include a home, household furnishings and stocks and bonds held in a personal account. When you sell a capital asset, the difference between the amount you paid for the asset and its sales price is a capital gain or capital loss.

Here are 10 facts from the IRS about how gains and losses can affect your federal income tax return.

1. Almost everything you own and use for personal purposes, pleasure or investment is a capital asset.

2. When you sell a capital asset, the difference between the amount you sell it for and your basis – which is usually what you paid for it – is a capital gain or a capital loss.

3. You must report all capital gains.

4. You may only deduct capital losses on investment property, not on personal-use property.

5. Capital gains and losses are classified as long-term or short-term. If you hold the property more than one year, your capital gain or loss is long-term. If you hold it one year or less, the gain or loss is short-term.

6. If you have long-term gains in excess of your long-term losses, the difference is normally a net capital gain. Subtract any short-term losses from the net capital gain to calculate the net capital gain you must report.

7. The tax rates that apply to net capital gain are generally lower than the tax rates that apply to other income. For 2011, the maximum capital gains rate for most people is 15 percent. For lower-income individuals, the rate may be 0 percent on some or all of the net capital gain. Rates of 25 or 28 percent may apply to special types of net capital gain.

8. If your capital losses exceed your capital gains, you can deduct the excess on your tax return to reduce other income, such as wages, up to an annual limit of $3,000, or $1,500 if you are married filing separately.

9. If your total net capital loss is more than the yearly limit on capital loss deductions, you can carry over the unused part to the next year and treat it as if you incurred it in that next year.

10. This year, a new form, Form 8949, Sales and Other Dispositions of Capital Assets, will be used to calculate capital gains and losses. Use Form 8949 to list all capital gain and loss transactions. The subtotals from this form will then be carried over to Schedule D (Form 1040), where gain or loss will be calculated.
For more information about reporting capital gains and losses, see the Schedule D instructions, Publication 550, Investment Income and Expenses or Publication 17, Your Federal Income Tax. All forms and publications are available at www.irs.gov or by calling 800-TAX-FORM (800-829-3676).

Tax filing 2011: Accounting tips for day traders

When filing federal tax returns, day traders should take note of a number of deductions that may be available for certain business and personal activities.

For example, individuals who purchased a new fuel cell automobile can claim the alternative motor vehicle credit. Use of a car is deductible under some circumstances, though the rate depends on the purpose of the trip. Driving a car for business purposes allows a deduction of 51 cents per mile for the first half of 2011, and a half cent less for the second half of the year. If a vehicle was used to move or reach medical care then the driver may be able to deduct 19 cents per mile for the first half of the year and 23.5 cents for each mile driven during the remainder.

Those who wish to take the self-employed health insurance deduction should note that it is now on line 29 of Form 1040, not on Schedule SE as in the past. Health savings accounts and Archer MSAs are also treated differently under 2011 tax rules, with a 20 percent tax on distributions not used for qualified medical expenses, which now include only prescription drugs and insulin.

Aside from changes to various tax breaks, day traders should be aware that the mailing locations for some paper returns has changed and check their area's to ensure they send their documents to the proper location. With the number of tax code changes that have occurred in recent years, it may be best to have a professional firm prepare returns.

IRS Releases the Dirty Dozen Tax Scams for 2012

WASHINGTON –– The Internal Revenue Service today issued its annual “Dirty Dozen” ranking of tax scams, reminding taxpayers to use caution during tax season to protect themselves against a wide range of schemes ranging from identity theft to return preparer fraud.

The Dirty Dozen listing, compiled by the IRS each year, lists a variety of common scams taxpayers can encounter at any point during the year. But many of these schemes peak during filing season as people prepare their tax returns.

“Taxpayers should be careful and avoid falling into a trap with the Dirty Dozen,” said IRS Commissioner Doug Shulman. “Scam artists will tempt people in-person, on-line and by e-mail with misleading promises about lost refunds and free money. Don’t be fooled by these scams.”

Illegal scams can lead to significant penalties and interest and possible criminal prosecution. The IRS Criminal Investigation Division works closely with the Department of Justice to shutdown scams and prosecute the criminals behind them.

The following is the Dirty Dozen tax scams for 2012:

Identity Theft

Topping this year’s list Dirty Dozen list is identity theft. In response to growing identity theft concerns, the IRS has embarked on a comprehensive strategy that is focused on preventing, detecting and resolving identity theft cases as soon as possible. In addition to the law-enforcement crackdown, the IRS has stepped up its internal reviews to spot false tax returns before tax refunds are issued as well as working to help victims of the identity theft refund schemes.

Identity theft cases are among the most complex ones the IRS handles, but the agency is committed to working with taxpayers who have become victims of identity theft.

The IRS is increasingly seeing identity thieves looking for ways to use a legitimate taxpayer’s identity and personal information to file a tax return and claim a fraudulent refund.

An IRS notice informing a taxpayer that more than one return was filed in the taxpayer’s name or that the taxpayer received wages from an unknown employer may be the first tip off the individual receives that he or she has been victimized.

The IRS has a robust screening process with measures in place to stop fraudulent returns. While the IRS is continuing to address tax-related identity theft aggressively, the agency is also seeing an increase in identity crimes, including more complex schemes. In 2011, the IRS protected more than $1.4 billion of taxpayer funds from getting into the wrong hands due to identity theft.

In January, the IRS announced the results of a massive, national sweep cracking down on suspected identity theft perpetrators as part of a stepped-up effort against refund fraud and identity theft. Working with the Justice Department’s Tax Division and local U.S. Attorneys’ offices, the nationwide effort targeted 105 people in 23 states.

Anyone who believes his or her personal information has been stolen and used for tax purposes should immediately contact the IRS Identity Protection Specialized Unit. For more information, visit the special identity theft page at www.IRS.gov/identitytheft.

Phishing

Phishing is a scam typically carried out with the help of unsolicited email or a fake website that poses as a legitimate site to lure in potential victims and prompt them to provide valuable personal and financial information. Armed with this information, a criminal can commit identity theft or financial theft.

If you receive an unsolicited email that appears to be from either the IRS or an organization closely linked to the IRS, such as the Electronic Federal Tax Payment System (EFTPS), report it by sending it to phishing@irs.gov.

It is important to keep in mind the IRS does not initiate contact with taxpayers by email to request personal or financial information. This includes any type of electronic communication, such as text messages and social media channels. The IRS has information that can help you protect yourself from email scams.

Return Preparer Fraud

About 60 percent of taxpayers will use tax professionals this year to prepare and file their tax returns. Most return preparers provide honest service to their clients. But as in any other business, there are also some who prey on unsuspecting taxpayers.

Questionable return preparers have been known to skim off their clients’ refunds, charge inflated fees for return preparation services and attract new clients by promising guaranteed or inflated refunds. Taxpayers should choose carefully when hiring a tax preparer. Federal courts have issued hundreds of injunctions ordering individuals to cease preparing returns, and the Department of Justice has pending complaints against many others.

In 2012, every paid preparer needs to have a Preparer Tax Identification Number (PTIN) and enter it on the returns he or she prepares.

Signals to watch for when you are dealing with an unscrupulous return preparer would include that they:

• Do not sign the return or place a Preparer Tax identification Number on it.
• Do not give you a copy of your tax return.
• Promise larger than normal tax refunds.
• Charge a percentage of the refund amount as preparation fee.
• Require you to split the refund to pay the preparation fee.
• Add forms to the return you have never filed before.
• Encourage you to place false information on your return, such as false income, expenses and/or credits.

For advice on how to find a competent tax professional, see Tips for Choosing a Tax Preparer.

Hiding Income Offshore

Over the years, numerous individuals have been identified as evading U.S. taxes by hiding income in offshore banks, brokerage accounts or nominee entities, using debit cards, credit cards or wire transfers to access the funds. Others have employed foreign trusts, employee-leasing schemes, private annuities or insurance plans for the same purpose.

The IRS uses information gained from its investigations to pursue taxpayers with undeclared accounts, as well as the banks and bankers suspected of helping clients hide their assets overseas. The IRS works closely with the Department of Justice to prosecute tax evasion cases.

While there are legitimate reasons for maintaining financial accounts abroad, there are reporting requirements that need to be fulfilled. U.S. taxpayers who maintain such accounts and who do not comply with reporting and disclosure requirements are breaking the law and risk significant penalties and fines, as well as the possibility of criminal prosecution.

Since 2009, 30,000 individuals have come forward voluntarily to disclose their foreign financial accounts, taking advantage of special opportunities to bring their money back into the U.S. tax system and resolve their tax obligations. And, with new foreign account reporting requirements being phased in over the next few years, hiding income offshore will become increasingly more difficult.

At the beginning of this year, the IRS reopened the Offshore Voluntary Disclosure Program (OVDP) following continued strong interest from taxpayers and tax practitioners after the closure of the 2011 and 2009 programs. The IRS continues working on a wide range of international tax issues and follows ongoing efforts with the Justice Department to pursue criminal prosecution of international tax evasion. This program will be open for an indefinite period until otherwise announced.

The IRS has collected $3.4 billion so far from people who participated in the 2009 offshore program, reflecting closures of about 95 percent of the cases from the 2009 program. On top of that, the IRS has collected an additional $1 billion from up front payments required under the 2011 program. That number will grow as the IRS processes the 2011 cases.

“Free Money” from the IRS & Tax Scams Involving Social Security

Flyers and advertisements for free money from the IRS, suggesting that the taxpayer can file a tax return with little or no documentation, have been appearing in community churches around the country. These schemes are also often spread by word of mouth as unsuspecting and well-intentioned people tell their friends and relatives.

Scammers prey on low income individuals and the elderly. They build false hopes and charge people good money for bad advice. In the end, the victims discover their claims are rejected. Meanwhile, the promoters are long gone. The IRS warns all taxpayers to remain vigilant.

There are a number of tax scams involving Social Security. For example, scammers have been known to lure the unsuspecting with promises of non-existent Social Security refunds or rebates. In another situation, a taxpayer may really be due a credit or refund but uses inflated information to complete the return.

Beware. Intentional mistakes of this kind can result in a $5,000 penalty.

False/Inflated Income and Expenses

Including income that was never earned, either as wages or as self-employment income in order to maximize refundable credits, is another popular scam. Claiming income you did not earn or expenses you did not pay in order to secure larger refundable credits such as the Earned Income Tax Credit could have serious repercussions. This could result in repaying the erroneous refunds, including interest and penalties, and in some cases, even prosecution.

Additionally, some taxpayers are filing excessive claims for the fuel tax credit. Farmers and other taxpayers who use fuel for off-highway business purposes may be eligible for the fuel tax credit. But other individuals have claimed the tax credit when their occupations or income levels make the claims unreasonable. Fraud involving the fuel tax credit is considered a frivolous tax claim and can result in a penalty of $5,000.

False Form 1099 Refund Claims

In this ongoing scam, the perpetrator files a fake information return, such as a Form 1099 Original Issue Discount (OID), to justify a false refund claim on a corresponding tax return. In some cases, individuals have made refund claims based on the bogus theory that the federal government maintains secret accounts for U.S. citizens and that taxpayers can gain access to the accounts by issuing 1099-OID forms to the IRS.

Don’t fall prey to people who encourage you to claim deductions or credits to which you are not entitled or willingly allow others to use your information to file false returns. If you are a party to such schemes, you could be liable for financial penalties or even face criminal prosecution.

Frivolous Arguments

Promoters of frivolous schemes encourage taxpayers to make unreasonable and outlandish claims to avoid paying the taxes they owe. The IRS has a list of frivolous tax arguments that taxpayers should avoid. These arguments are false and have been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law.

Falsely Claiming Zero Wages

Filing a phony information return is an illegal way to lower the amount of taxes an individual owes. Typically, a Form 4852 (Substitute Form W-2) or a “corrected” Form 1099 is used as a way to improperly reduce taxable income to zero. The taxpayer may also submit a statement rebutting wages and taxes reported by a payer to the IRS.

Sometimes, fraudsters even include an explanation on their Form 4852 that cites statutory language on the definition of wages or may include some reference to a paying company that refuses to issue a corrected Form W-2 for fear of IRS retaliation. Taxpayers should resist any temptation to participate in any variations of this scheme. Filing this type of return may result in a $5,000 penalty.

Abuse of Charitable Organizations and Deductions

IRS examiners continue to uncover the intentional abuse of 501(c)(3) organizations, including arrangements that improperly shield income or assets from taxation and attempts by donors to maintain control over donated assets or the income from donated property. The IRS is investigating schemes that involve the donation of non-cash assets –– including situations in which several organizations claim the full value of the same non-cash contribution. Often these donations are highly overvalued or the organization receiving the donation promises that the donor can repurchase the items later at a price set by the donor. The Pension Protection Act of 2006 imposed increased penalties for inaccurate appraisals and set new standards for qualified appraisals.

Disguised Corporate Ownership

Third parties are improperly used to request employer identification numbers and form corporations that obscure the true ownership of the business.

These entities can be used to underreport income, claim fictitious deductions, avoid filing tax returns, participate in listed transactions and facilitate money laundering, and financial crimes. The IRS is working with state authorities to identify these entities and bring the owners into compliance with the law.

Misuse of Trusts

For years, unscrupulous promoters have urged taxpayers to transfer assets into trusts. While there are legitimate uses of trusts in tax and estate planning, some highly questionable transactions promise reduction of income subject to tax, deductions for personal expenses and reduced estate or gift taxes. Such trusts rarely deliver the tax benefits promised and are used primarily as a means of avoiding income tax liability and hiding assets from creditors, including the IRS.

IRS personnel have seen an increase in the improper use of private annuity trusts and foreign trusts to shift income and deduct personal expenses. As with other arrangements, taxpayers should seek the advice of a trusted professional before entering a trust arrangement.

Diverse tax breaks sometimes forgotten

As tax season approaches, many Americans search for useful accounting tips and strategies to help them avoid paying more than necessary to the Internal Revenue Service.

A number of tax breaks are available to those engaged in retirement planning and long-term saving. Tax expert Barbara Weltman suggests that Americans re-examine these accounts, because the stagnant wages that have characterized recent years may make some who did not previously qualify due to income limitations eligible for contributions.

Most day traders given the option will likely prefer to deduct state sales taxes on their returns, rather than income. Other categories of deductions include education, which includes childrens' education or one's own. This includes graduate school and continuing education costs, in some cases. Even taxpayers who do not itemize their deductions can benefit from a $4,000 deduction for tuition and fees.

Taxpayers who wish to deduct their health insurance should remember to include expenses such as glasses, braces, physical therapy, and medically necessary home improvements, such as air conditioning necessary for someone with allergies or breathing problems.

Those who find the process difficult, or who wish to have the lowest possible taxable income, may wish to consider that payment for tax preparation is itself deductible, making professional tax accounting assistance even more advantageous.

Some of these tax breaks are on the verge of disappearing, though they could be renewed in the future. Charitable gifts are generally tax-deductible, but so is volunteer time, which some may forget. Volunteers who go on trips to deliver supplies or perform other tasks may be able to claim a deduction dependent on the distance travelled.

Eight Facts about New IRS Form 8949 and Schedule D

The IRS has a new form taxpayers must use to report most capital gains and losses from transactions relating to investment property. In previous years, these transactions would have been reported on your IRS Schedule D or D-1, but for tax year 2011, use Form 8949, Sales and Other Dispositions of Capital Assets.

Here are eight important points about the new Form 8949 and IRS Schedule D, Capital Gains and Losses:

1. Short-term capital gains or losses (assets held for one year or less) are now reported on Part I of Form 8949.

2. Long-term capital gains or losses (assets held for more than one year) are now reported on Part II of Form 8949.

3. Fill out Form 8949 before you fill out line 1, 2, 3, 8, 9 or 10 of Schedule D.

4. Most property you own and use for personal purposes, pleasure or investment is a capital asset. Use Form 8949 to report the sale or exchange of a capital asset you are not reporting on another form or schedule (such as Form 6252 or 8824).

5. At the top of each Form 8949 you file, you'll need to check box A, B or C, based on what is indicated in box 3 of the Form 1099-B or substitute statement.

• Check box A if your broker reported the transaction to you and the basis of the securities sold also was reported to the IRS

• Check box B if the transaction was reported to you but box 3 of the Form 1099-B is blank or your statement says the basis was not reported to the IRS.

• Check box C for all other transactions.

6. If you have a lot of transactions, use as many Forms 8949 as necessary to report all of them, but make sure that each Form 8949 includes only the type of transactions described in the text for the box you checked (A, B or C).

7. The reporting of certain transactions has changed. If you have to adjust your gain or loss, you may have to enter a code in column (b) and an adjustment in column (g). For details, see the 2011 Instructions for Schedule D (and Form 8949).

8. For 2011 transactions, Schedule D-1 is no longer in use. Form 8949 replaces it.

Start planning to file taxes

February means that it is a good time to start preparing for tax filing as IRS deadlines begin to approach.

One step for day traders and every other taxpayer is to check that any and all needed documents are on hand. This may include forms and records from employers, clients and other sources. Day traders may wish to review equipment expenses, for example, to determine how to benefit from tax breaks for businesses purchasing needed equipment. Those working out of a home office should recall the IRS rules for taking business deductions under those circumstances, which require that part of the house be devoted almost exclusively to work.

Marketwatch suggests those who find they do not have needed documentation from another party make contact and find out what is causing the delay, in order to make sure they get the records in time. It may also be convenient to ensure that one's filing system is neat and consistent while pulling together these documents is. It may be helpful to set up for next year, the news source notes, since bills and other relevant papers may have started to accumulate.

Those who anticipate owing money for their 2011 tax returns may want to start saving now, so they can pay in a timely fashion once they know how much they owe. Additionally, the news source notes, anyone who has suffered identity theft in the past should ensure they have their IP PIN, issued to those who report identity theft to prevent fraudulent filings under their name.

Tax fraud a growing concern

Increasing frequency of tax-related identification theft is likely to severely inconvenience taxpayers who are not victims in the coming years.

This is because the trend encourages the Internal Revenue Service and other government agencies to increase regulation and enforcement efforts in a way that is likely to drag out the process of filing tax returns and receiving refunds. One common scam involves filing returns for the recently deceased, intentionally using deceptive information to secure the highest possible tax refund.

That can net scammers a significant profit, while the dead individual's relatives may not even find out until they attempt to file a proper return. The legitimate return is likely to be rejected, since there is already another in the system for the name and Social Security number being used. In one case, the Detroit Free Press notes, a family member attempted to file a return in March and was unable to get the matter straightened out until December.

The IRS and the Justice Department are attempting to crack down on tax fraud, since the Government Accountability Office reported the number of incidents detected spiked from about 52,000 in 2008 to 250,000 in 2010.

Those concerned with estate tax planning and other financial preparations for their own passing may wish to ensure that any executor of their estate is prepared to deal with unforeseen legal and financial complications like this. Taking precautions concerning personal and financial information may also help decrease the likelihood of such a problem occurring.

Tax breaks: Education and dependents

Day traders and others preparing to file their federal taxes may wish to take advantage of available accounting tips to get the most out of their filings.

There are many tax deductions that may be available, depending on an individual's circumstances. A number of tax breaks exist for education, CPA Lisa Greene-Lewis recently told The Huffington Post, in the form of both credits and deductions, which may apply to dependents' and spouses' education costs as well.

These include the American Opportunity Tax Credit, which may be worth as much as $2,500 each of the first four years of college, as well as a refund of up to $1,000 even for those who owe no taxes. Another is the Lifetime Learning Tax Credit, which can be claimed any number of years and may provide professionals who are studying with a tax break as high as $2,000. Greene-Lewis also notes the Tuition and Fees deduction, which reduces adjusted gross income by up to $4,000 for taxpayers with eligible education expenses.

Similarly to the breaks for dependent education costs, there are tax credits for child and dependent care, allowing some to deduct between 20 and 35 percent of qualifying expenses with a limit of $3,000 per qualifying individual. Expenses for dependents who cannot take care of themselves may meet eligibility requirements.

Day traders who run their own businesses should also investigate tax breaks for equipment, furnishings and other necessary items. This may include software in addition to physical objects, although it may be best to consult an accounting firm to ensure eligibility and take advantage of all applicable tax breaks.

Timing of charitable donations

When engaged in estate tax planning and considering charitable contributions, donors should keep in mind that the type of gift given and the timing of the donation may affect its tax status.

Those planning to give charitable gifts while they are alive may find that the best choice is to use publicly traded securities or real estate. As long as the assets have been owned for at least a year, the full market value is deductible by any taxpayer who itemizes deductions. Neither the donor nor the charity has to pay taxes on the appreciation of these assets.

When giving contributions worth more than $250, the donor will need documentation from the receiving organization to verify the amount given. If the contribution is money, whether cash, a check or in another fashion, then a written acknowledgement from the organization or a bank record will be necessary.

Attorney Carissa Giebel notes that giving retirement assets while alive may not be the best choice, however. They are considered a distribution and subject to income taxes under those circumstances. For those who wish to leave a gift to a charity after they die, however, the situation is different.

While leaving retirement assets to most beneficiaries leaves them subject to taxation, giving them to a charity avoids both the income and estate taxes. Nonretirement assets, on the other hand, may not be subject to the capital gains tax when left to individual beneficiaries.

Payroll tax cut debate resumes

Lawmakers have yet to pass a long-term extension of the payroll tax cut for this year, CNNMoney reports, despite widespread support for the measure.

The short-term extension passed at the end of 2011 expires at the beginning of March, giving legislators one month to agree on how to pay for the provision, which was the sticking point that prevented a full-year version of the tax break from being passed before January. Few lawmakers still oppose the measure itself, which would set the payroll tax rate at 4.2 percent instead of 6.2 percent for the rest of the year, affecting about 160 million workers across the nation.

The same legislation is expected to prevent pay cuts to Medicare physicians and extend emergency federal unemployment benefits. According to the Congressional Budget Office, the lower payroll tax rate will cost $100 billion from March to December.

"Extending the payroll tax cut through the end of the year will increase output and increase employment," CBO budget director Douglas Elmendorf recently told the House Budget Committee.

Some lawmakers have proposed that the savings from decreased spending on military operations abroad may be used to cover the expense at least partially, although not all agree. As the debate continues, day traders could be impacted by other methods of paying for the tax cut, namely rate increases or the elimination of tax breaks. With a month until the deadline, given the difficulty of passing the current two-month extension at the end of last year, some are concerned that the payroll tax cut will distract from broader tax and fiscal policy issues.

Identity Theft Crackdown Sweeps Across the Nation; More than 200 Actions Taken in Past Week in 23 States

WASHINGTON – The Internal Revenue Service and the Justice Department today announced the results of a massive national sweep cracking down on suspected identity theft perpetrators as part of a stepped-up effort against refund fraud and identity theft.

Working with the Justice Department’s Tax Division and local U.S. Attorneys’ offices, the nationwide effort targeted 105 people in 23 states. The coast-to-coast effort took place over the last week and included indictments, arrests and the execution of search warrants involving the potential theft of thousands of identities and taxpayer refunds. In all, 939 criminal charges are included in the 69 indictments and informations related to identity theft.

In addition, IRS auditors and investigators conducted extensive compliance visits to money service businesses in nine locations across the country in the past week. The approximately 150 visits occurred to help ensure these check-cashing facilities aren’t facilitating refund fraud and identity theft.

“This unprecedented effort against identity theft sends a strong, unmistakable message to anyone considering participating in a refund fraud scheme this tax season,” said IRS Commissioner Doug Shulman. “We are aggressively pursuing cases across the nation with the Justice Department, and people will be going to jail. This is part of a much wider effort underway at the IRS to help protect taxpayers.”

“The Justice Department is working closely with the IRS to investigate, prosecute, and punish tax refund crimes committed through the theft of identities,” said Principal Deputy Assistant Attorney General John A. DiCicco of the Tax Division. “Now, more than ever, we must remain vigilant against the unauthorized use of identification information to defraud the U.S. government.”

The national effort is part of a comprehensive identity theft strategy the IRS has embarked on that is focused on preventing, detecting and resolving identity theft cases as soon as possible. In addition to the law-enforcement crackdown, the IRS has stepped up its internal reviews to spot false tax returns before tax refunds are issued as well as working to help victims of the identity theft refund schemes.

The law-enforcement sweep started last week across the country, reflecting investigative efforts stretching back months and even years.

The nationwide effort by the Justice Department and the IRS led to actions taking place in 23 locations across the country with 105 individuals. The actions included 80 complaints/indictments and informations, 58 arrests, 19 search warrants, 10 guilty pleas and four sentencings. A map of the locations and additional details on the actions are available on IRS.gov, the IRS Civil and Criminal Actions page and the Department of Justice Tax Division page.

Beyond the criminal actions, the IRS enforcement personnel conducted a special sweep last week and on Monday to visit 150 money services businesses to help make sure these businesses are not knowingly or unknowingly facilitating identity theft or refund fraud. The visits occurred in nine high-risk places identified by the IRS covering areas in and surrounding Atlanta, Birmingham, Ala., Chicago, Los Angeles, Miami, New York, Phoenix, Tampa and Washington, D.C.

In addition, the IRS has more than 250 check-cashing operations under audit across the country and will be looking for indicators of identity theft as part of the exam effort.

The information from these audits and compliance visits will be used to assist continuing IRS investigations into refund fraud and identity theft.

The IRS also is taking a number of additional steps this tax season to prevent identity theft and detect refund fraud before it occurs. These efforts includes designing new identity theft screening filters that will improve the IRS’s ability to spot false returns before they are processed and before a refund is issued, as well as expanded efforts to place identity theft indicators on taxpayer accounts to track and manage identity theft incidents.

To help taxpayers, the IRS earlier this month created a new, special section on IRS.gov dedicated to identity theft matters, including YouTube videos, tips for taxpayers and a special guide to assistance. The information includes how to contact the IRS Identity Protection Specialized Unit and tips to protect against “phishing” schemes that can lead to identity theft.

Identity theft occurs when someone uses another’s personal information without their permission to commit fraud or other crimes using the victim’s name, Social Security number or other identifying information. When it comes to federal taxes, taxpayers may not be aware they have become victims of identity theft until they receive a letter from the IRS stating more than one tax return was filed with their information or that IRS records show wages from an employer the taxpayer has not worked for in the past.

If a taxpayer receives a notice from the IRS indicating identity theft, they should follow the instructions in that notice. A taxpayer who believes they are at risk of identity theft due to lost or stolen personal information should contact the IRS immediately so the agency can take action to secure their tax account. The taxpayer should contact the IRS Identity Protection Specialized Unit at 800-908-4490. The taxpayer will be asked to complete the IRS Identity Theft Affidavit, Form 14039, and follow the instructions on the back of the form based on their situation.

Taxpayers looking for additional information can consult the Taxpayer Guide to Identity Theft or the IRS Identity Theft Protection page on the IRS website.

Romney returns reveal tax code complexity

In examining presidential candidate Mitt Romney's tax returns, The New York Times reports, a close analysis indicates that he actually overpaid by about $44,000.

Many may have failed to realize this, the source notes, but it appears that Romney's returns overstated his capital gains so that he and his wife were assessed extra taxes. The news source reports that this occurred because of an error by the trustee of one of the Romney trusts.

The source also points out that Romney and his wife saved $1 in taxes during 2010 due to a tax credit for employers who hire workers who meet certain criteria, such as people who have been on welfare for some time.

These details, the source notes, underscore the complexity of the nation's tax code. Another example found in the Romney tax returns is a grantor trust set up by Romney and his wife for their five children. Through some knowledgeable estate tax planning, they effectively give their children millions of dollars. While the two cannot use the profits from assets in the trust, the source notes, they pay taxes on the trust's gains themselves to give their children more.

Time magazine notes that the candidate's returns were nearly 550 pages long. While day traders may not have to cope with complexity on that scale, the services of a professional accounting firm may still be useful in coping with the many, ever-changing provisions of the U.S. tax code, particularly with many lawmakers proposing further changes.