Wednesday, October 22, 2014

Understanding the difference between a Tax-FREE and TAXABLE Retirement

Introduction to Pre-Tax and Post-Tax Retirements

This article is not designed to discuss what type of retirement vehicle outperforms another. Rather, it is simply designed to discuss the huge advantages of having a post-tax tax-free retirement. Yes, that is correct, I said tax-free. In my day-day-to-day interactions with clients it is common to get requests to do everything possible to lower taxes. Oftentimes this is in the form of SEP-IRA or IRA contributions, which are pre-tax (or tax deductible) savings vehicles. However, what they do not realize is that what may save you today, may cause you much much more later.

I have created two examples to illustrate this. One is a pre-tax contribution and one is post-tax contribution. The presumptions are a one-time initial contribution, a one-time distribution, a modest rate of return of 8% per year, tax base percentage of 25%  and a 27 year time period (the rule of 72 was used to figure out the doubling of money rate.)



Now, before you go and try to find flaws in the calculation because inflation is not taken into account on the tax savings. Do the calculation first. The tax-savings over 27 years, indexed for a 3% per year inflationary rate comes out to...wait for it...that's right, only $26,957 and some change. Look back at Example A, does taking into account the inflation rate of the tax savings make the tax-deductible contribution scenario in Example A a better than Example B? The answer is still clearly no. Also, the idea that taxes will be less in retirement is just that, an idea. The reality is they most likely will go up, but assuming they did not, typically most people are in a higher tax bracket in their retirement years than they were in their early working years. This is due to taxable retirement income without the deductions of kids, home mortgage interest and other tax reducing deductions. However, Example B is so powerful, that even if you lowered the total tax rate on Example A, you could not out perform the net distribution of Example B.

It is important to note that not all vehicles work for everyone. That is why you should always work with an experienced and trust-worthy planner before making any major financial decisions.

Things to know


401(k) - In the United States, a 401(k) plan is the tax-qualified, defined-contribution pension account defined in subsection 401(k) of the Internal Revenue Code.[1]Under the plan, retirement savings contributions are provided (and sometimes proportionately matched) by an employer, deducted from the employee's paycheck before taxation (therefore tax-deferred until withdrawn after retirement or as otherwise permitted by applicable law), and limited to a maximum pre-tax annual contribution of $17,500 (as of 2014).[2][3]
Other employer-provided defined-contribution plans include 403(b) plans, for nonprofit institutions, and 457(b) plans for governmental employers. These plans are all established under section 401(a) of the Internal Revenue Code. 401(a) plans may provide total annual addition of $52,000 (as of 2014) per plan participant, including both employee and employer contributions.*

403(b) - A 403(b) plan is a U.S. tax-advantaged retirement savings plan available for public education organizations, some non-profit employers (only Internal Revenue Code 501(c)(3) organizations), cooperative hospital service organizations, and self-employed ministers in the United States. It has tax treatment similar to a 401(k) plan, especially after the Economic Growth and Tax Relief Reconciliation Act of 2001.
Employee salary deferrals into a 403(b) plan are made before income tax is paid and allowed to grow tax-deferred until the money is taxed as income when withdrawn from the plan.
403(b) plans are also referred to as a tax-sheltered annuity although since 1974 they no longer are restricted to an annuity form and participants can also invest in mutual funds.[1] **

IRA - An Individual Retirement Account[1] is a form of "individual retirement plan",[2] provided by many financial institutions, that provides tax advantages for retirement savings in the United States. An individual retirement account is a type of "individual retirement arrangement"[3] as described in IRS Publication 590, Individual Retirement Arrangements (IRAs).[4] The term IRA, used to describe both individual retirement accounts and the broader category of individual retirement arrangements, encompasses an individual retirement account; a trust or custodial account set up for the exclusive benefit of taxpayers or their beneficiaries; and an individual retirement annuity,[5] by which the taxpayers purchase an annuity contract or an endowment contract from a life insurance company.[6] ***
SEP-IRA - Simplified Employee Pension Individual Retirement Arrangement (SEP IRA) is a variation of the Individual Retirement Account used in the United States. SEP IRAs are adopted by business owners to provide retirement benefits for the business owners and their employees. There are no significant administration costs for self-employed person with no employees. If the self-employed person does have employees, all employees must receive the same benefits under a SEP plan. Since SEP accounts are treated as IRAs, funds can be invested the same way as any other IRA. ****

Roth-IRA - A Roth IRA (Individual Retirement Arrangement) is a certain type of retirement plan under US law that is generally not taxed, provided certain conditions are met. The tax law of the United States allows a tax reduction on a limited amount of saving for retirement. The Roth IRA's principal difference from most other tax advantaged retirement plans is that, rather than granting a tax break for money placed into the plan, the tax break is granted on the money withdrawn from the plan during retirement.
A Roth IRA can be an individual retirement account containing investments in securities, usually common stocks and bonds, often through mutual funds(although other investments, including derivatives, notes, certificates of deposit, and real estate are possible). A Roth IRA can also be an individual retirementannuity, which is an annuity contract or an endowment contract purchased from a life insurance company. As with all IRAs, the Internal Revenue Servicemandates specific eligibility and filing status requirements. A Roth IRA's main advantages are its tax structure and the additional flexibility that this tax structure provides. Also, there are fewer restrictions on the investments that can be made in the plan than many other tax advantaged plans, and this adds somewhat to the popularity, though the investment options available depend on the trustee (or the place where the plan is established).
The total contributions allowed per year to all IRAs is the lesser of one's taxable compensation (which is not the same as adjusted gross income) and the limit amounts as seen below (this total may be split up between any number of traditional and Roth IRAs. In the case of a married couple, each spouse may contribute the amount listed):
Age 49 and BelowAge 50 and Above
1998–2001$2,000$2,000
2002–2004$3,000$3,500
2005$4,000$4,500
2006–2007$4,000$5,000
2008–2012*$5,000$6,000
2013–2014$5,500$6,500
For example, if one is single, aged 49 or under, and earns $10,000, one can contribute a maximum of $5,000 in 2008. *****

Annuity - A life annuity is a financial contract in the form of an insurance product according to which a seller (issuer) — typically a financial institution such as a life insurance company — makes a series of future payments to a buyer (annuitant) in exchange for the immediate payment of a lump sum (single-payment annuity) or a series of regular payments (regular-payment annuity), prior to the onset of the annuity.
The payment stream from the issuer to the annuitant has an unknown duration based principally upon the date of death of the annuitant. At this point the contract will terminate and the remainder of the fund accumulated is forfeited unless there are other annuitants or beneficiaries in the contract. Thus a life annuity is a form of longevity insurance, where the uncertainty of an individual's lifespan is transferred from the individual to the insurer, which reduces its own uncertainty by pooling many clients. Annuities can be purchased to provide an income during retirement, or originate from a structured settlement of a personal injury lawsuit. ******

Cash Value Life Insurance - Permanent life insurance is a term sometimes used for life insurance, such as whole life or endowment, where the sum assured is due to be paid out at the end of the policy (assuming the policy is kept current) and the policy accrues a cash value.
This is contrasted with Term life insurance where insurance is purchased for a specified period (such as 5, 10, or 20 years) and a benefit is only paid out if the insured dies during this period.
The earliest form of permanent life insurance was offered in the 18th century as a fixed premium fixed return product known as whole life insurance. There were untold variations on this theme over the years. One example, which became popular in the United States in the late 20th century, was "universal life insurance". This allowed the policyholder considerable flexibility as to the amounts and timing of premiums. Some versions also allowed the policyholder to partially encash the policy (as opposed to taking a loan on the security of the policy) without the interest associated with the loan provisions in whole life policies. "Variable life insurance" or "linked life assurance" is similar, but the benefits are more directly linked to investment performance, thus shifting some risk to the policyholder.

Higher premiums

As permanent life insurance program is designed to pay out a benefit in all cases, the premiums are much higher than for term assurance, which can be regarded as pure death benefit with no investment element. Thus many people select term insurance for its low cost, and they may invest the difference in separate investments. Another commonly used tactic is to utilize the slow, steady, growth within the cash value of permanent life insurance as a conservative savings strategy to hedge against the risk of the market. *******

* http://en.wikipedia.org/wiki/401(k)
** http://en.wikipedia.org/wiki/403(b) 
*** http://en.wikipedia.org/wiki/Individual_retirement_account
**** http://en.wikipedia.org/wiki/SEP-IRA 
***** http://en.wikipedia.org/wiki/Roth_IRA 
****** http://en.wikipedia.org/wiki/Life_annuity 
******* http://en.wikipedia.org/wiki/Permanent_life_insurance


Wednesday, September 24, 2014

Beware of Erroneous IRS Phone Call Scams! - IRS Provides Advice and Information

Scam Phone Calls Continue; IRS Identifies Five Easy Ways to Spot Suspicious Calls

IR-2014-84, Aug. 28, 2014
WASHINGTON — The Internal Revenue Service issued a consumer alert today providing taxpayers with additional tips to protect themselves from telephone scam artists calling and pretending to be with the IRS.
These callers may demand money or may say you have a refund due and try to trick you into sharing private information. These con artists can sound convincing when they call. They may know a lot about you, and they usually alter the caller ID to make it look like the IRS is calling. They use fake names and bogus IRS identification badge numbers. If you don’t answer, they often leave an “urgent” callback request.
“These telephone scams are being seen in every part of the country, and we urge people not to be deceived by these threatening phone calls,” IRS Commissioner John Koskinen said. “We have formal processes in place for people with tax issues. The IRS respects taxpayer rights, and these angry, shake-down calls are not how we do business.”
The IRS reminds people that they can know pretty easily when a supposed IRS caller is a fake. Here are five things the scammers often do but the IRS will not do. Any one of these five things is a tell-tale sign of a scam. The IRS will never:
  1. Call you about taxes you owe without first mailing you an official notice.
  2. Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
  3. Require you to use a specific payment method for your taxes, such as a prepaid debit card.
  4. Ask for credit or debit card numbers over the phone.
  5. Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.
If you get a phone call from someone claiming to be from the IRS and asking for money, here’s what you should do:
  • If you know you owe taxes or think you might owe, call the IRS at 1.800.829.1040. The IRS workers can help you with a payment issue.
  • If you know you don’t owe taxes or have no reason to believe that you do, report the incident to the Treasury Inspector General for Tax Administration (TIGTA) at 1.800.366.4484 or atwww.tigta.gov.
  • You can file a complaint using the FTC Complaint Assistant; choose “Other” and then “Imposter Scams.” If the complaint involves someone impersonating the IRS, include the words “IRS Telephone Scam” in the notes.
Remember, too, the IRS does not use unsolicited email, text messages or any social media to discuss your personal tax issue. For more information on reporting tax scams, go to www.irs.gov and type “scam” in the search box.

Friday, August 8, 2014

Another Successful NPO Application - Approved by the IRS

A new client came to our firm seeking assistance in setting up their NPO (non-profit organization.) They had already downloaded a lot of the forms and had prematurely even filed for items that they needed to wait until other items were in place first. The good news is,  after cleaning up all the mess and submitting the application with the IRS, they received their NPO recognition acceptance in only two months.


Check out more amazing results at the Case Study section of our website.

Friday, July 18, 2014

Minimum Wage Increase, Part 2 - San Diego Minimum Wage Increase Will Crush Small Businesses

Prior Blog Recap

In a recent blog post I discussed the recent change in the minimum wage rate increase in California. I outlined the history of minimum wage as well as some of the absolutely real effects that it will have on businesses both large and small. I also brought up the point that even those businesses who do not hire any minimum wage workers will be effected and that their labor cost will also increase. In this blog post we will take two case studies and put into dollar amounts the actual detriment of these drastic wage increases for businesses. Study A will be on a small business that employs ZERO minimum wage workers. Case Study B will focus on a large corporation that was minimum wage workers as well as many other pay scales. Both of these businesses reside in San Diego, California for purposes of calculating the labor wage.



Definitions 

Work year - 5 U.S.C. 5504(b) mandates that for purposes of computing hourly rates for salary purposes, a work-year contains 2087 hours.

Bi-weekly - A pay period that consists of a cumulative 14-day period. There are 26 bi-weekly pay periods in a year.

Bi-monthly - A pay period that occurs twice a month.There are 24 bi-monthly pay periods in a year.

Monthly - A pay period that occurs once a month. There are 12 monthly pay periods in a year.

Full-time - 40 hours per work week.

Part-time - Traditionally anything less than 40 hours per week and then defined my the business itself. After the Patient Protection and Affordable Care Act that is now set by federal law to 30 hours per week.

Federal Insurance Contributions Act (FICA) - Detailed Definition.

Social Security Tax (Part of FICA) - Detailed Definition.

Medicare Tax (Part of FICA) - Detailed Definition.

Federal Unemployment Tax Act (F.U.T.A.) - Detailed Definition.

State Unemployment Insurance (S.U.I.) - Detailed Definition.

Workers Compensation Insurance (W.C.) - Detailed Definition.

Case Study A - A small business that has zero minimum wage workers employed

Small Professional Services Firm - Current pay structure as of Jan 1st, 2014, 
Legal Minimum Wage is $8.00/hour
Legal Minimum Salary Wage equates to $16.00/hour
Total Number of Employees 10
 2 - Hourly Based Office Clerks: 
 2 - Salary Based Accounting Clerks
 5 - Salary Based Professionals who provide the service
 1 - Salary Office Manager




Small Professional Services Firm - Current pay structure as of Jan 1st, 2017
Legal Minimum Wage is $11.50/hour
Legal Minimum Salary Wage equates to $23.00/hour
Total Number of Employees 10
 2 - Hourly Based Office Clerks
 2 - Salary Based Accounting Clerks
 5 - Salary Based Professionals who provide the service
 1 - Salary Office Manager




Manufacturing Business Current pay structure as of Jan 1st, 2014
Legal Minimum Wage is $8.00/hour
Legal Minimum Salary Wage equates to $16.00/hour
Total Number of Employees 65
 45 - Hourly Based Assemblers
 2 - Hourly Based Office Assistants
 1 - Salary Based Office Manager
 5 - Salary Based Accounting Clerks
 1 - Salary Based Comptroller
 1 - Salary Based Vice President of Sales
 1 - Salary Vice President of Operations
 1 - Salary President and CEO of Operations




Manufacturing Business Current pay structure as of Jan 1st, 2017
Legal Minimum Wage is $11.50/hour
Legal Minimum Salary Wage equates to $23.00/hour
Total Number of Employees 65
 45 - Hourly Based Assemblers
 2 - Hourly Based Office Assistants
 1 - Salary Based Office Manager
 5 - Salary Based Accounting Clerks
 1 - Salary Based Comptroller
 1 - Salary Based Vice President of Sales
 1 - Salary Vice President of Operations
 1 - Salary President and CEO of Operations




Analysis

In Case Study A you can see that a business that doesn't employ any minimum wage workers will be drastically impacted by the minimum wage increase when final wages go into effect January 1st, 2017. This small business will experience a wage increase of almost 40%. 

In the example of Case Study B you will notice that a manufacturing business that does employ minimum workers will also be drastically impacted and not just by the increase in wage of its minimum wage workers. This business will experience an increase in wage costs by over 40%. 

What will this do to the economy? Well, it most likely will be a combination of things depending on the type of business. Jobs will be cut. Prices for goods and services will go up. Businesses will not bear the brunt of all of this additional cost and in some case the additional cost will put businesses out of business unless their income, in the form of an increase in goods and services, goes up. 

Solution

1. Vote Smarter: Local (City Council,) State and at the national level
2. Implement a true minimum wage increase policy indexed for inflation and deflation 



Friday, July 11, 2014

Simple Steps to Set up an IRS Installment Agreement

INSTALLMENT AGREEMENTS and
****New easy payments made Online with Direct Pay

INTERNAL REVENUE SERVICE – To set up installment agreement you can call the IRS to set it up direct at 1-800-829-1040 They are open Monday – Friday 7:00am to 7:00 pm *** The best time to call is 7:00 am or in the evenings.

Have your Tax Return in front of you and also how much you feel you can pay a month, along with the day of the month you would like to pay.  

To set up installment agreement online you would go to www.irs.gov/Payments click on Apply online.

Please read understand your agreement, to avoid default on that same page…
When ready, click on Apply Online that will take you to a step by step submission of your application

Have a copy of your tax return.

****Please see 5 easy steps to make a payment with IRS, go to Payments, Direct Pay, Pay Now, you can make a payment on a Installment Agreement, Tax Return, Estimated Tax Payment, Extension, Amended Return…select what year you want to pay etc. 


Love and Associates, Inc is a tax resolution, tax preparation and tax planning company located in San Diego, CA with clients all over the world. They offer support for small to medium size businesses as well as solutions for those with tax problems and tax burdens. 

Tuesday, July 1, 2014

California Minimum Wage Increase - Very Costly Legislation for all Businesses

Today marks the first day of the recent Minimum Wage Rate increase since 2008 for California wage based employees. If you look at the history of minimum wage in California since 1968 you will notice a very inconsistent increase pattern. There are periods where a rate does not change over 5-6 years and you will also notice that there are periods where the wage rate changes in consecutive back to back years. You will also notice that never once has the minimum wage rate decreased.

So why do all of these things matter and what does this have to do with the effects on business? 

Businesses operate on budgets and forecasts and base all kinds of important financial decisions around this information. When a law imposes a nearly 12% increase on a wage businesses will have make some major changes to account for the increase in cost. This generally occurs two ways; reduced costs, generally in the form of layoffs or increase prices to their products and services. Smaller business will probably choose the latter due to the close knit relationship that most small businesses have to their employees. So, rather than layoff their employees and watch their families suffer, they will offset this drastic increase by raising what they charge for the products they sell or the services they provide. As for larger businesses, they most likely will do a work-force reduction in the form of layoffs or shift reductions. However, some larger businesses may choose to raise the cost of their products and services as well, which means that drastic inflation of normal day to day products and services will begin to hit all Californian consumers, even those who just got their recent wage increase. 

The Minimum Wage increase will effect more than the wages of just those receiving Minimum Wage.

Now it is time to get to the heart of the topic of this article. When minimum wage increases, so do many other of the wage scales within a business. Here are the pains that California employers are about to experience:

1. Workers who were receiving more than the minimum wage, but less than the new minimum wage may feel disgruntled that they are now receiving pay equivalent to working at a fast food chain. Businesses will have to address this with their workers by either leaving their pay as is and face a potential for under-performing employees or they will have to raise the wage of these workers to be above minimum wage. In either scenario, this will have a negative impact on the business.

2. Some workers who are salary based, will also be in the same situation as those in A. This is the part that none of the supporters and proponents of the wage hike talked about when going on social media rants and street protests for the demand in the wage hike (probably because they too were unaware how California Labor law works.) An exempt salary employee must make a monthly salary no less than 2 times the minimum wage for full-time employment. Yes, that means that anyone who was earning a salary equivalent to $16-$17.99 per hour just received legislative based raises as of July 1st, 2014. That means a drastic cost of labor increase for many business who pay all of their employees at rates higher than the previous minimum wage.

In our next post I will address better alternatives to drastic wage hikes as well as detailed examples of how much the minimum wage rate hike will effect small and big businesses.

Wage and Hour Division Broken Down by Every US State
Minimum Wage Regulations by Industry (CA)

Love and Associates, Inc is a tax resolution, tax preparation and tax planning company located in San Diego, CA with clients all over the world. They offer support for small to medium size businesses as well as solutions for those with tax problems and tax burdens. 

Thursday, June 19, 2014

Past due IRS taxes, settled for 3.3 cents on the dollar.

 A client came to our office with 12 years of past-due non-filed tax returns. After working with the client to reconstruct records and put over a decade worth of tax returns together we were finally able to file all of the outstanding returns. Once the returns were processed and accumulated penalty and interest were calculated, the client was on the hook for nearly $38,000 to the IRS. Our next step was to prepare an IRS offer-in-compromise in which we were able to get an amazing settlement for the client, only $1260.00! That’s 3.3 cents on the dollar. Needless to say, the client is very happy and can now move forward with putting the financial pieces of his life back together. View more detailed information HERE


Love and Associates, Inc is a tax resolution, tax preparation and tax planning company located in San Diego, CA with clients all over the world. They offer support for small to medium size businesses as well as solutions for those with tax problems and tax burdens. 

Monday, June 16, 2014

The New and Improved Taxpayer Bill of Rights

The IRS recently released their new and improved Taxpayer Bill of Rights. This is the 'ten commandments' or rather the 'ten rights' that all US taxpayers have when dealing with the IRS.


Taxpayer Bill of Rights

Each and every taxpayer has a set of fundamental rights they should be aware of when dealing with the IRS. Explore your rights and our obligations to protect them.

Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices, and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes.

The Right to Quality Service
Taxpayers have the right to receive prompt, courteous, and professional assistance in their dealings with the IRS, to be spoken to in a way they can easily understand, to receive clear and easily understandable communications from the IRS, and to speak to a supervisor about inadequate service.

The Right to Pay No More than the Correct Amount of Tax
Taxpayers have the right to pay only the amount of tax legally due, including interest and penalties, and to have the IRS apply all tax payments properly.

The Right to Challenge the IRS’s Position and Be Heard
Taxpayers have the right to raise objections and provide additional documentation in response to formal IRS actions or proposed actions, to expect that the IRS will consider their timely objections and documentation promptly and fairly, and to receive a response if the IRS does not agree with their position.

The Right to Appeal an IRS Decision in an Independent Forum
Taxpayers are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties, and have the right to receive a written response regarding the Office of Appeals’ decision. Taxpayers generally have the right to take their cases to court.

The Right to Finality
Taxpayers have the right to know the maximum amount of time they have to challenge the IRS’s position as well as the maximum amount of time the IRS has to audit a particular tax year or collect a tax debt. Taxpayers have the right to know when the IRS has finished an audit.

The Right to Privacy
Taxpayers have the right to expect that any IRS inquiry, examination, or enforcement action will comply with the law and be no more intrusive than necessary, and will respect all due process rights, including search and seizure protections and will provide, where applicable, a collection due process hearing.

The Right to Confidentiality
Taxpayers have the right to expect that any information they provide to the IRS will not be disclosed unless authorized by the taxpayer or by law. Taxpayers have the right to expect appropriate action will be taken against employees, return preparers, and others who wrongfully use or disclose taxpayer return information.

The Right to Retain Representation
Taxpayers have the right to retain an authorized representative of their choice to represent them in their dealings with the IRS. Taxpayers have the right to seek assistance from a Low Income Taxpayer Clinic if they cannot afford representation.

The Right to a Fair and Just Tax System
Taxpayers have the right to expect the tax system to consider facts and circumstances that might affect their underlying liabilities, ability to pay, or ability to provide information timely. Taxpayers have the right to receive assistance from the Taxpayer Advocate Service if they are experiencing financial difficulty or if the IRS has not resolved their tax issues properly and timely through its normal channels.
Ref: IRS.gov Click Here

Love and Associates, Inc is a tax resolution, tax preparation and tax planning company located in San Diego, CA with clients all over the world. They offer support for small to medium size businesses as well as solutions for those with tax problems and tax burdens. 

Friday, June 13, 2014

Can the IRS hound you forever on past taxes?

I have found over the years in my practice that many clients are unaware of the auditing and collection statutes that govern taxation in this county. Let's review a few of the statutes that the IRS must abide by in the collection of past due taxes as well as for the purposes of auditing and assessing additional taxes.1. Statute of Limitations for purposes of additional assessment or refund: In general, the IRS and a taxpayer have 3 years from the due date of the return, including extensions, to change a previously filed return. However, if the returns were not timely filed then there is an additional 2 years from the date the return was processed. There are instances where both the IRS and the taxpayer can consent to extend the statute, this is usually done during an audit when the statute is about to expire. There are pros and cons for doing this. As far as collections are concerned: the IRS generally only has 10 years to collect on unpaid taxes before the statute of collection expires. However, there are always exceptions to this especially in the event of fraud or criminal activity.

For more detailed info and other statute information. IRS Revenue Manual Excerpt

Love and Associates, Inc is a tax resolution, tax preparation and tax planning company located in San Diego, CA with clients all over the world. They offer support for small to medium size businesses as well as solutions for those with tax problems and tax burdens. 


Thursday, May 29, 2014

What is the U.S. Tax Gap?

Tax gap, it's a word frequently used in the media when politicians and economic analysts are discussing U.S. budget and income issues, but what is it exactly? It's actually a very simple concept that encompasses over 2-Trillion Dollars of tax revenue created by the U.S. economy in over 27 areas. In fact, the numbers encompassing this simple concept are so massive, the IRS only performs a Tax-Gap Study once every several years. The most recently released study was done in 2006 and 2001 was the prior study released to that. So what is this simple concept that seems to be so very difficult to calculate? In short, it's the total revenue from tax generated, minus the amount not collected. Yes, that's a very simple A - B = C equation. The difficulty in amassing and reporting all of this information is the amount of information actually contained in parts 'A' and 'B' of that simple equation. So what was the tax gap in 2006? $385 Billion dollars.Yes, that's right. The amount of uncollected revenue for the United States Treasury is approximately the size of the entire Gross Domestic Product (GDP) of  the United Arab Emirates (UAE.) That's a staggering amount of money and for most, those numbers are entirely too large to even comprehend. So whats does this mean? Does it mean if you don't file your return and pay your taxes you'll be lost in the myriad of $385 Billion Dollars? Don't count on it. The IRS not only pursues non-compliant taxpayers, but in Fiscal Year 2013 had an incarceration rate of 85% of those it investigated for criminal tax evasion and non-compliance. Your best bet is to file accurate tax returns and pay off any outstanding tax as soon as possible. The good news is that if you need assistance in paying a tax bill, the IRS and State taxing authorities allow for installment agreements to split up your tax debt over time.



For information on the Tax Gap
For Assistance in IRS and tax problems

Love and Associates, Inc is a tax resolution, tax preparation and tax planning company located in San Diego, CA with clients all over the world. They offer support for small to medium size businesses as well as solutions for those with tax problems and tax burdens.

Tuesday, May 27, 2014

IRS Small Business Retirement Plan Compliance Project Annouced

The IRS has recently announced that they are releasing a pilot program for voluntary compliance for small business owners who have not filed required tax forms such as the Form 5500 series. The goal is to bring businesses into voluntary compliance by alleviating late filing penalties that would normally be assessed. If the project goes well, the IRS will consider future reform on these non-filed tax returns.


Love and Associates Inc. can help these business owners get back into compliance as well as maintain an ongoing schedule or regular tax filings.

For further instructions on this IRS project, you can read the Revenue Procedure here: Rev Proc 2014-32 or you may continue to read below.


Pilot Penalty Relief Program – Late Annual Reporting for Non-Title I Retirement Plans (“One-Participant Plans” and Certain Foreign Plans) Revenue Procedure 2014-32

Section 1.  Purpose

This revenue procedure establishes a temporary one-year pilot program providing administrative
relief to plan administrators and plan sponsors of certain retirement plans from the penalties
otherwise applicable under §§ 6652(e) and 6692 of the Internal Revenue Code (the “Code”) for a
failure to timely comply with the annual reporting requirements imposed under §§ 6047(e), 6058, and
6059 of the Code.  The administrative relief provided under this revenue procedure applies only to
plan administrators (as defined in § 414(g) of the Code) and plan sponsors of retirement plans that
are subject to the reporting requirements of §§ 6047(e), 6058, and 6059 of the Code, but that are
not subject to the reporting requirements of Title I of the Employee Retirement Income Security Act
of 1974 (“ERISA”).  This revenue procedure also requests comments as to whether a permanent relief
program should be established and, if so, how fees should be determined.

Section 2. Background

Both the Code and Title I of ERISA impose reporting requirements with respect  to certain
retirement plans.  To minimize the filing burden on plan sponsors and plan administrators of
employee benefit plans, the Internal Revenue Service (the “Service”) and the Department of Labor
(the “DOL”) (as well as the Pension Benefit Guaranty Corporation) have consolidated various annual
reporting requirements in the Form 5500 Series Annual Return/Report.  The Form 5500 Series
includes:  the Form 5500, Annual Return/Report of Employee Benefit Plan; the Form 5500-SF, Short
Form Annual Return/Report of Employee Benefit Plan; and the Form 5500-EZ, Annual Return of One-
Participant (Owners and Their Spouses) Retirement Plan.

Plan sponsors and plan administrators who fail to file timely Form 5500 series annual
returns/reports for their retirement plans may be subject to civil penalties under the Code (or
under both Title I of ERISA and the Code).  In particular, the Service may assess penalties under
§§ 6652(e) and 6692 of the Code for the failure to satisfy the requirements for annual returns.
Section 6652(e) generally provides, in part, that in the case of any failure to timely file a
return or statement required under § 6058 (annual return of employee benefit plans) or § 6047(e)
(returns and reports for employee stock ownership plans), the late filer shall pay, upon notice and
demand, a penalty of $25 for each day the failure continues, up to $15,000 per return or statement.
 Section 6692 generally provides that, in the case of any failure to timely file a report required
by § 6059 (actuarial report for employee benefit plans), the late filer shall pay a penalty of
$1,000 for each failure. No penalty is imposed under these sections if it is shown that
such failure to timely file is due to reasonable cause.


In 1995, the DOL established the Delinquent Filer Voluntary Compliance (“DFVC”) program to reduce
ERISA late-filing penalties on filers of delinquent annual reports. In Notice 2002-23, 2002-1 C.B.
742, the Service determined that it would not impose the penalties under §§ 6652(c)(1), (d), (e)
and 6692 (to the extent applicable) on a person who is eligible for, and satisfies the requirements
of, the DFVC program with respect to the filing of a Form 5500.  The relief under Notice 2002-23
was available only to filers who are required to file under both Title I of ERISA and the Code.
Notice 2002- 23 has been superseded by Notice 2014-35, which will appear in 2014-23 I.R.B.  As
under Notice 2002-23, the penalty relief provided by Notice 2014-35 does not apply to a delinquent
filing of a Form 5500-EZ for retirement plans that do not cover any common law employees (such as a
plan under which a business owner and the owner’s spouse are the only participants).  See 29 C.F.R.
2510.3-3(b) and (c).

Certain retirement plans that are not subject to Title I of ERISA are exempt from some of the
annual reporting requirements if they satisfy certain criteria specified by statute or by the
Service in published guidance.  For example, for years beginning after 2006, section 1103 of the
Pension Protection Act of 2006 (Pub. L. No. 109-280, 120 Stat. 780, 1057) provides that
“one-participant plans” with assets of $250,000 or less at the end of the plan year are not
required to file a Form 5500 series return/report.  (The Service has determined that such plans
must, however, file an annual return/report when the plan is terminated and all assets have been
distributed.)

Section 3. Penalty Relief

This revenue procedure provides administrative relief from the penalties imposed under §§ 6652(e)
and 6692 of the Code for a failure to timely comply with the annual reporting requirements under §§
6047(e), 6058, and 6059 of the Code.  The relief applies to filers who are eligible to participate
under Section 4 of this revenue procedure and who satisfy the requirements of Section 5 of this
revenue procedure by no later  than June 2, 2015.   However, in lieu of the relief provided under
this revenue procedure, filers may continue to file for the relief currently available for a failure to
timely file that is due to reasonable cause.

1 A request for relief due to reasonable cause may be attached to the delinquent return when the
return is filed or may be filed separately.  The request should state the reason why the return was
late and be signed by a person in authority.  See §§ 301.6652-3(b) and 301.6692-1(c) of the
regulations.  The request (with the delinquent return, if applicable) should be mailed to the
filing address provided in the instructions for the most current Form 5500-EZ available to
taxpayers.

Section 4. Program Eligibility

.01. General rule.  The relief provided by this revenue procedure is only available to the plan
administrator or plan sponsor of a retirement plan that is subject to the filing requirements of §§
6047(e), 6058, and 6059 of the Code but is not subject to Title I of ERISA for the plan year that
is delinquent.  Thus, the relief under this revenue procedure is only available to the plan
administrator or plan sponsor of (1) certain small business (owner-spouse) plans and plans of
business partnerships (together, “one- participant plans”) and (2) certain foreign plans.

.02. One-participant plans.  For purposes of this revenue procedure, a one-participant plan is a
retirement plan with one or more participants that:

•   Covers only the owner of the entire business (or the owner and the owner’s spouse); or
•   Covers only one or more partners (or partners and their spouses) in a business partnership; and
•   Does not provide benefits for anyone except the owner (or the owner and the owner’s spouse) or
one or more partners (or partners and their spouses).

.03. Foreign plans.  The plan administrator or plan sponsor of a foreign plan (i.e., a retirement
plan maintained outside the United States primarily for nonresident aliens) is eligible for relief
under this revenue procedure if the employer that maintains the plan is a domestic employer or a
foreign employer with income derived from sources within the United States (including foreign
subsidiaries of domestic employers) that deducts contributions to the plan on its U.S. income tax
return.

.04. Title I plans ineligible.  A plan administrator or plan sponsor is not eligible for penalty
relief under this revenue procedure if the affected retirement plan is subject to Title I of ERISA
for the plan year for which a filing is delinquent.  Instead, a plan administrator or plan sponsor
of a Title I retirement plan may request relief from penalties under ERISA and the Code in
accordance with the DFVC Program’s procedures and Notice 2014-35.  Please refer to
http://www.dol.gov/ebsa/ for more information regarding the DFVC Program.

.05. Penalty assessment notices.  The relief provided by this revenue procedure is not available if
a penalty has been assessed (i.e., if a CP 283 Notice, Penalty Charged on Your Form 5500 Return,
has been issued by the Service to a plan sponsor or administrator) with respect to a delinquent
return.

Section 5.  Procedural Requirements

.01. No payment required.  No penalty or other payment is required to be paid under this pilot
program.  However, if this temporary pilot program is replaced with a permanent program, a fee or
other payment will be required. See Section 7 of this revenue procedure.

.02. Filing contents.  The applicant must submit the following information to the Service in order
to receive penalty relief:

(1) A complete Form 5500 Series return.  The submission must include a complete Form 5500 Series
Annual Return/Report, including all required schedules and attachments, for each plan year for
which the applicant is seeking penalty relief under this revenue procedure.  All returns submitted
in accordance with this revenue procedure must be sent to the Service at the address listed in
Section 5.04 below and cannot be filed through the DOL’s EFAST2 filing system.  Filings sent to the
DOL’s EFAST2 filing system will not be treated as submissions under this program and will continue
to be subject to applicable penalties under the Code.  It should be noted that, for plan years
prior to 2009, some plans that were not subject to Title I of ERISA were required to file Form 5500
rather than Form 5500-EZ.

For purposes of this revenue procedure:

(a) A complete return consists of a signed, filled-out paper version of the applicable Form 5500
Series return for the specific plan year that is delinquent.

•   For returns for 2008 plan years and earlier, the specific Form 5500 Series return that was
required for the plan year must be submitted. For example, if a 2005 Form 5500 should have been
filed for the 2005 plan year but was not, a 2005 Form 5500 must be submitted under this program.
•   For returns for 2009 plan years and later, only the Form 5500-EZ appropriate for the plan year
may be submitted.  Thus, a delinquent Form 5500-SF cannot be filed for the plan year, either on
paper with the Service or electronically through the EFAST2 system (even if a Form 5500-SF could
have been timely filed for the plan year through EFAST2).

(b) A complete return includes all schedules applicable to the plan for the year for which the
return is delinquent.  For example,

•                    For plan years prior to 2005, a Schedule B (Actuarial Information) was
required to be included with the Form 5500 Series return for non-Title I defined benefit pension
plans and certain money purchase pension plans.  Accordingly, a submission for these plans for
these plan years must include a Schedule B.
•   For 2005 and subsequent plan years, a Schedule B (or the successor Schedule SB (Single Employer
Defined Benefit Plan Actuarial Information)) was not required to be submitted to the Service with
the annual Form 5500 Series return for one-participant plans and foreign plans subject to filing under the Code and not under Title I
of ERISA.  Accordingly, a submission for these plans for these plan years need not include a
Schedule B (or Schedule SB).  However, an applicant must include in the submission a representation
that the applicable annual actuarial report has been prepared (even though it is not being
submitted to the Service).  This statement should be attached to the applicable return in lieu of a
Schedule B (or Schedule SB).
•   For plan years prior to 2005, a Schedule E (ESOP Annual Information) must be included with the
Form 5500 Series return for an ESOP. Accordingly, a submission for these plans for these plan years
must include a Schedule E.

(c) Applicants can obtain Form 5500 Series returns, plus required schedules, for any plan year by
calling 1-800-TAX Form (1-800-829-3676).  Alternatively, applicants can print out electronic
versions of these forms on www.irs.gov/retirement or http://www.dol.gov/ebsa/5500main.html.

(2) Delinquent returns must be marked.  For each delinquent Form 5500 Series return submitted to
the Service under this revenue procedure, the applicant must mark in red letters in the top margin
of the first page (above the title of the form): “Delinquent return submitted under Rev. Proc.
2014-32, Eligible for Penalty Relief.” Failure to properly mark the submitted delinquent return may
cause the Service to treat the return as ineligible for the relief provided under this revenue
procedure and assess all applicable penalties (unless the plan administrator or plan sponsor can
establish that the failure to timely file was attributable to reasonable cause).

(3) Required Transmittal Schedule.  For each delinquent return being submitted, the applicant must
complete a paper copy of the Transmittal Schedule provided in the Appendix of this revenue
procedure (also available at http://www.irs.gov/pub/irs- tege/appendix_a_transmittal_schedule.pdf).
 A completed Transmittal Schedule must be attached to the front of each delinquent return. For
example, if three delinquent returns are included in the same submission, a separate Transmittal
Schedule must be completed and attached to the front of each of the three returns.  Failure to
include a completed Transmittal Schedule as directed may cause the Service to treat the return as
ineligible for the relief provided under this revenue procedure and assess all applicable penalties
(unless the plan administrator or plan sponsor can establish that the failure to timely file was
attributable to reasonable cause).

.03. Multiple returns.  Multiple returns may be included in a single submission.  Thus, if a plan
has delinquent returns for more than one plan year, the returns may be included in a single
submission. Similarly, delinquent returns for more than one plan may be included in a single
submission.  For example, if an employer maintains a defined contribution plan and a defined
benefit plan, and each plan is delinquent for three plan years, the employer may include the six
delinquent returns (three for each plan) in a single submission. In all cases, the requirements of
Section 5.02 of this revenue procedure must be satisfied for each such return (including the
attachment of a separate Transmittal Schedule to the front of each return included in the
submission).

.04. Mailing address.  Submissions under this revenue procedure must be mailed to different
addresses depending on whether the applicant is submitting a Form 5500 or a Form 5500-EZ.  In
general, applicants will submit Form 5500-EZ under this program.
As provided under section 5.02(1) of this Revenue Procedure, however, some applicants will be
required to submit Form 5500 for 2008 and earlier plan years because these applicants were required
to file Form 5500 for those years rather than Form 5500- EZ.  For example, foreign plans, as
defined in Section 4.03 of this Revenue Procedure, were generally required to file Form 5500 for
2008 and earlier plan years rather than the Form 5500-EZ.

Submissions of Forms 5500-EZ under this revenue procedure should be mailed

Internal Revenue Service 1973 North Rulon White Blvd. Ogden, UT 84404-0020
Submissions of Forms 5500 under this revenue procedure should be mailed to: Internal Revenue
Service
Employee Plans Delinquent Filer Program EP Classification
9350 Flair Drive
El Monte, CA 91731-2828

.05. Private delivery services.  Certain private delivery services designated by the Service can be
used to meet the rule that timely mailing is treated as timely filing/paying.  The private delivery
service can provide information on how to get written proof of the mailing date.

These eligible private delivery services include only the following:

•  DHL Express (DHL): DHL Same Day Service.
•   Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day, FedEx
International Priority, and FedEx International First.
•   United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd
Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express.

Section 6. Effective Date

The relief provided under this revenue procedure is effective June 2, 2014 and will remain in
effect until June 2, 2015.  Returns submitted after June 2, 2015 will not be entitled to the relief
provided by this revenue procedure. If filers are not eligible for relief under this revenue procedure, they may request relief for reasonable cause as provided in Section 3.

Section 7. Permanent Program and Request for Comments

After this temporary pilot program ends, the Service will consider whether the pilot program should
be replaced with a permanent program.  The Service has determined that any permanent program that
is offered will include a fee or other payment.  The Service invites the public to submit comments
on whether such a permanent program should be established and, if so, how fees should be
determined.

Comments should be submitted to: CC:PA:LPD:PR (Rev. Proc. 2014-32), Room 5203, Internal Revenue
Service, POB 7604 Ben Franklin Station, Washington, D.C. 20044.  Comments may be hand delivered
Monday through Friday between the hours  of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (Rev. Proc. 2014-32),
Courier's Desk, Internal Revenue Service, 1111 Constitution Ave., N.W., Washington, D.C.
Alternatively, comments may be submitted via the Internet at Notice.comments@irscounsel.treas.gov.
Please include “Rev. Proc. 2014-32” in the subject line of any electronic communication. All
materials submitted will be available for public inspection and copying.

Section 8. Paperwork Reduction Act

The collection of information contained in this revenue procedure has been reviewed and approved by
the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C 3507)
under control number 1545-0956.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless the collection of information displays a valid OMB control number.

The collection of information in this revenue procedure is in the Transmittal Schedule in the
Appendix.  This information is required to enable the Commissioner, Tax Exempt and Government
Entities Division, to evaluate this pilot program and to determine if this pilot program will be
made permanent.  The likely respondents are individuals and small businesses or organizations.

The estimated total annual reporting recordkeeping burden is 167 hours.

The estimated annual burden per respondent/recordkeeper is five minutes.  The estimated number of
respondents/recordkeepers is 2000.

The estimated frequency of responses is occasional.

Books or records relating to a collection of information must be retained as long as their contents
may become material in the administration of any internal revenue law. Generally, tax returns and
tax return information are confidential as required by 26
U.S.C. § 6103.

Section 9. Drafting Information

The principal drafters of this revenue procedure are Paul C. Hogan and Robert
M. Walsh of the Employee Plans, Tax Exempt and Government Entities Division, and William Gibbs of
the Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities).
For further information regarding this revenue procedure, please e-mail Mr. Hogan or Mr. Walsh at
RetirementPlan Questions@irs.gov. For questions regarding submissions under this revenue procedure,
please contact the Employee Plans' taxpayer assistance telephone service at 1-877-829-5500 (a
toll-free number).

Appendix A
OMB 1545-0956

Revenue Procedure 2014-32 Transmittal Schedule

1.  Applicant’s Name (Plan Sponsor or Plan Administrator)
2.  Plan Name
3.  Applicant’s Address
4.  Applicant’s Employer Identification Number (EIN)
5.  Three-Digit Plan Number (PN)
6.  Plan Year End Date (Enter MM/DD/YYYY)
7.  Required Form and Filing Address (Check one):
A.  In accordance with sections 5.02(1)(a) and 5.04 of the revenue procedure, the enclosed version
of Form 5500-EZ was required to be filed for the year of delinquency and is being mailed to:
Internal Revenue Service 1973 North Rulon White Blvd. Ogden, UT 84404
B.  In accordance with sections 5.02(1)(a) and 5.04 of the revenue procedure, the enclosed version
of Form 5500 was required to be filed for the year of delinquency and is being mailed to:
Internal Revenue Service
Employee Plans Delinquent Filer Program EP Classification
9350 Flair Drive
El Monte, CA 91731-2828