Talking Shop Blog

Tax Forms and the Paperwork Reduction Act

The IRS is required to provide a “Paperwork Reduction Act Notice” with the instructions to the 1040 tax booklet.

The PRA Notice also applies to business returns, including Form 1120s for S Corporations and Form 1065 for partnerships and LLCs.

The March 15 corporate deadline is coming up so we were wondering – just how long does it take the prepare the return? Of course that includes record keeping and learning the tax law.

Here’s what we found out:

Form Record Keeping Learn the law Prepare forms Assemble & Mail
         
1102S 62 hrs 30 hrs 56 hrs 6 hrs
  10 min 28 min 3 min 42 min
           
                 

There’s no column for total hours - it adds up to 155 hours and 23 minutes.

But that doesn’t include the required Schedule K-1. Add another 25 hours and 44 minutes.

And if you have to file Schedule M-3 – that’s another 72 hours and 19 minutes.

The IRS welcomes comments and questions on their forms.

You can email them at *taxforms@irs.gov. (The asterisk must be included in the address.)

Enter “Forms Comment” on the subject line. Or you can write them at:

Internal Revenue Service, Tax Products Coordinating Committee,  SE:W:CAR:MP:T:T:SP , 1111 Constitution Ave. NW, IR-6526,, Washington, DC 20224.

Let us know what you hear back!

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Posted by Jerry Lopatka on February 25, 2011, 10:34 am

Tax Simplification vs. Tax Incentives

“The hardest thing in the world to understand is the income tax.”

                         – Albert Einstein

Google “tax simplification” and you get “About 288,000 results (0.17 seconds). ”

We’re all for tax simplification. But we don’t see it happening anytime soon.

That’s because Congress uses the tax code to help achieve its policy goals.

On the one hand, the Administration and Congress both want “corporate tax reform.” Lower the rates – and broaden the base (eliminate deductions and credits).

On the other hand, proposals for new or expanded tax credits and deductions are introduced in Congress on a regular basis.

Yesterday the Administration expressed interest in a tax credit for “angel investors” as one way to encourage financing of small entrepreneurships and start-ups in the early stages of operation.

At a business forum in Cleveland, President Obama singled out the angel investor tax credit – since it is early access to capital that can make or break a business,

An angel tax credit might be a great idea. But any new credit or deduction runs counter to tax simplification.

The tax code gets more complicated every time a new tax incentive is enacted into law.

Whatever form tax simplification takes down the road, it likely won’t be all that simple. We’ll still have deductions, credits and exemptions.    

Because the government won’t give up the power it now has to use tax subsidies to achieve its policy goals.

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Posted by Jerry Lopatka on February 23, 2011, 6:17 am

IRS Proposed 2012 Budget

The IRS recently released its proposed budget report for fiscal year 2012.

Included is a request for over 1,000 new IRS employees needed to implement some provisions of the new health care law.

The Report notes that the new health care law “represents the largest set of tax law changes in more than 20 years, with more than 40 provisions that amend the tax laws.”

The IRS wants to hire 81 new employees to handle the tax reporting of 25,000 tanning salons, at a cost of $11.5 million. Tanning salons face a new 10 percent excise tax on indoor tanning services.

We’re not sure how much of the $11.5 million is allotted for sunscreen protection.

You can find the budget report at http://www.treasury.gov/about/budget-performance/Documents/CJ_FY2012_IRS_508.pdf

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Posted by Jerry Lopatka on February 22, 2011, 6:41 am

More on the Budget Proposals

The Administration’s Budget Proposals includes tax cuts, “Revenue Changes”, “Tax Incentives” and “Loophole Closers”.

Of course what’s viewed as a tax incentive to some may be viewed as a tax loophole to others.

The home mortgage interest deduction is a tax incentive to encourage home ownership. But renters might view it as a tax loophole.

The proposed budget includes $370 billion in tax cuts for some.

And there’s $335 billion in tax hikes for others – through “Revenue Changes” and “Loophole Closers”.

The Administration’s Budget Proposal also includes a repeal of the new 1099 reporting provision.

That’s good news.

But that repeal means $9 billion in lower tax revenues for the federal government.

And the government was counting on that $9 billion to fund some provisions of the new health care law. 

Uh-Oh.

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Posted by Jerry Lopatka on February 17, 2011, 7:40 am

Why Repeal LIFO Inventory?

The President’s Budget Proposals released on Monday include a section titled “Other Revenue Changes and Loophole Closers”. 

One of the “Loophole Closers” would repeal the LIFO (Last In-First Out) method of accounting for inventory.

Under current law, a company can elect to use the LIFO method, which treats the most recently acquired (or manufactured) goods as having been sold during the year.

The LIFO method provides a tax benefit for companies facing rising inventory costs, since the cost of goods sold under LIFO is based on more recent, higher inventory values, resulting in lower taxable income.

Lower taxable income is good –because that means a lower tax bill.

But the Administration thinks LIFO is bad.

Why?

Because “the repeal of the LIFO method would eliminate a tax deferral opportunity available to taxpayers that hold inventories, the costs of which increase over time”.

Here’s another “Reason for Change”:

“Repealing LIFO would remove the possible impediment to the implementation of… International Financial Reporting Standards (IFRS) in the United States”.

Here’s the real reason the Administration wants to repeal LIFO:

A repeal would raise $53 billion in new tax revenues between 2012-2021.

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Posted by Jerry Lopatka on February 16, 2011, 6:53 am

Tax Hikes in President’s Budget Proposals

President Obama released his 2012 budget proposals yesterday.

The proposals set the stage for a protracted budget debate once the House releases its budget proposals sometime in April.

On the tax side, the Bush era tax rates would increase for the top two brackets after 2012. The 33% rate would increase to 36% and the 35% rate would jump to 39.6%.

This proposal would affect not only individuals and families, but also many small and mid-sized companies that operate as a proprietorship, partnership LLC or S Corporation.

The proposals also include an increase in the capital gain tax rate from 15% to 20% for higher income taxpayers (joint returns with income above $250,000).

The 20% rate would also apply to qualified dividends that are currently taxed at 15%.

You can find the full budget report in PDF format at http://www.treasury.gov/resource-center/tax-policy/Documents/Final%20Greenbook%20Feb%202012.pdf

More tomorrow.

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Posted by Jerry Lopatka on February 15, 2011, 11:14 am

Job Losses and the Regulatory Tsunami

President Obama issued an Executive Order for a review of federal regulations – with a focus on reducing their burden and promoting economic growth and job creation.

Great idea and long overdue.

Yesterday Cass Sunstein, head of the White House Office of Information and Regulatory Affairs, testified before the House Energy & Commerce Committee about regulatory reform.

Sunstein acknowledged that independent agencies, like the FTC, SEC, the Federal Reserve and many others are outside the purview of the Executive Order.

In related news, Abbott Labs announced it would cut 1,900 jobs, including 1,000 in Illinois.

Abbott Chairman Miles White blames the layoffs on the burdens of federal regulations and the impact of the health care reform bill.

We’re all familiar with impact studies, whether environmental, economic or otherwise.

It’s time we have economic impact studies as part of all proposed legislation and proposed regulations, including regulations from independent federal and state agencies.

As Tom Donohue, President of the U.S. Chamber of Commerce recently noted, the ”regulatory tsunami” poses the single biggest challenge to jobs, our global competitiveness, and the future of the American enterprise.”

You can find the President’s Executive Order at   http://www.whitehouse.gov/omb/inforeg_default

Just check out the What’s New section.

The House Energy & Commerce Committee summary can be found at

http://energycommerce.house.gov/News/PRArticle.aspx?NewsID=8169

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Posted by admin on February 7, 2011, 1:40 pm

1099 Repeal Gains Momentum

Momentum is building to repeal the expansion of the Form 1099 reporting provision under last year’s health care bill.

The provision would require businesses to file a Form 1099 Information Return with the IRS for each vendor they pay $600 or more over the course of a year.

The law as enacted places a substantial administrative burden on companies, both small and large.

The IRS estimates the average time needed to complete a single Form 1099-MISC at 16 minutes, although they say the actual time “will vary depending on individual circumstances.”

And that’s just for one form. Imagine companies that would need to file hundreds and thousands of forms.

Then there are the other costs, including paper, postage, envelopes and filing software, to name a few.

Bills have now been introduced in both the House and Senate that would repeal this burdensome requirement.

Stay tuned.

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Posted by Jerry Lopatka on , 12:57 pm

Plain Language: It’s the Law!

The federal government has a website devoted to “promoting the use of plain language for all government communications.”

The website has been around since 1994, but it’s recently been expanded since President Obama signed the Plain Writing Act of 2010.

The site has “How to Tools”, “Before and After Comparisons”, examples and links to various resources on writing in plain language.

They even have a Humor section that provides “a hilarious overview of good writing gone bad”.

Here’s a section on government regulations that caught my attention:

“Regulations don’t have to be written in “legalese”. Plain language works for regulations just as it does for other important forms of written communication.

And that brings me to one of my all time favorite regulations:

“The term “artificial lures, baits, and flies” includes all artifacts, of whatever materials made, that simulate an article considered edible by fish and are designed to be attached to a line or hook to attract fish so that they may be captured. Thus, the term includes such artifacts as imitation flies, blades, spoons, and spinners, and edible materials that have been processed so as to resemble a different edible article considered more attractive to fish, such as bread crumbs treated so as to simulate salmon eggs, and pork rind cut and dyed to resemble frogs, eels, or tadpoles.” (Reg.48.4161(a)(2)(d))

You can check out the website at http://www.plainlanguage.gov/plLaw/index.cfm

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Posted by admin on , 10:21 am

Dugan & Lopatka, CPAs, PC   104 E. Roosevelt Rd., Wheaton, Illinois 60187    Phone: (630) 665-4440    Fax: (630) 665-5030