IRS gets the Statute of Limitations for tax collections wrong

On August 15th, TIGTA, the IRS watchdog released a report stating that in over one fifth of the cases reviewed, the IRS had the statute of limitations for tax collections wrong.

This is incredibly important once that time period runs, you don’t owe the IRS money for that tax debt anymore.  Additionally, once the statute has run, you can remove any IRS tax lien, or IRS wage garnishment or levy that was a result of that tax debt.  Once again, in an internal audit, the IRS watchdog found that over 20% of the sample had incorrect statute of limitations dates.

If you live in Palm Desert, Palm Springs, Indio, Cathedral City, or the entire Coachella Valley, and you have a an IRS problem or any tax problem, you need to give us a call.  If you don’t have specialized knowledge of the tax code and their procedures you aren’t going to stand a chance of knowing if the IRS committed an error.

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Short term Chapter 13 bankruptcy

After the rule changes in 2005, the answer to the question, “What is a Chapter 13 bankruptcy?”, is typically that chapter 13 is a 5 year plan where you pay off your creditors over that time period.

This is especially true if you make an income that is higher than the average income in your area, in this case Palm Desert, Palm Springs, Indio, Cathedral City . . .  well you get the idea.

One of the benefits of being updated daily on bankruptcy cases is seeing the cutting edge cases that are decided, and using those cases to defend our clients.

One of these recent cases is a case where someone had an income greater than the local average, and yet at the same time they were allowed to only have a three year chapter 13 instead of the typical 5 year chapter 13 plan.  Wow, that is 2 years of payments, “saved”.

If you are facing financial challenges, give us a call.  We aren’t new at filing bankruptcy and not only do we have a lot of experience, but we keep our pulse on the latest advances in bankruptcy law.

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Don’t Hide Assets in your Bankruptcy

Since we’ve been providing bankruptcy advice for the Palm Desert and Indio area for over twenty years, we’ve seen and heard quite a bit.  One issue that doesn’t shock us is the number of clients who ask if they can “hide” assets from the bankruptcy court.

The answer is a flat out “no”.

Although we like to believe that our clients follow our wishes, here’s another reason to never hide assets from the bankruptcy court:  if they are found they are automatically taken away.  Normally, most assets can be protected by claiming the asset is “exempt” from the bankruptcy process, but if you don’t list the asset, it can’t be exempted.

Here is a recent bankruptcy case where the debtor tried to hide a lawsuit claim.  The party being sued found out the debtor didn’t list the claim and asked the court to throw the case out.  It was thrown out.

If you are going to file bankruptcy in the Palm Springs, Palm Desert, Indio, Cathedral City, or the Coachella Valley, call us.  We’ve been doing this for over 20 years and now how to help you.

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Taxes on Tans

As part of the health reform bill, Congress decided to pass a law requiring a special tax on indoor tanning services.  Even though this is a relatively “young” law, and even though the number of business it reaches are going to be relatively small, our friends at the IRS just released a 41 page manual on how to audit tanning businesses.

If you have a tanning business in Palm Desert, Palm Springs, Indio, or Cathedral City, and don’t want to get “burned” by an IRS audit, give us call.  We’ve been helping people locally for close to 30 years.

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Small Business Tax Savings for Palm Springs, Palm Desert, and Coachella Valley Business owners.

Every business owner is looking to lower the amount of taxes they have to pay.  While there are all sorts of legal small business IRS tax deductions, the real fun is receiving a tax credit.  A tax credit is a dollar for dollar reduction in your tax liability, whereas a deduction is only about a thirty or forty cent reduction in your taxes.

A lot of business owners here in the Coachella Valley have heard of the new health program and probably heard of the tax credits associated with the program, but probably didn’t know the ins and outs of the program.  Well, the IRS in its effort to educate small business owners on tax savings  has created a video on the subject.

 

As always, no matter if you live in Palm Springs, Cathedral City, Indio, or Palm Desert and want to make sure you are receiving all the tax deductions and tax credits you are entitled to by law, give Bernie Gartland a call at 760-345-1500.

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Chapter 13 with too much debt?

As a bankruptcy lawyer serving Palm Springs, Palm Desert, and the whole Coachella valley, one of the more common questions I get about filing bankruptcy is what if I have too much debt to file a chapter 13 bankruptcy.  

For those who don’t know, in some circumstances, if you have too much debt, you can’t file a chapter 13 bankruptcy.  A solution that works for a number of people is to do a chapter 20 bankruptcy.  That means that you file a chapter 7 first, wipe out a lot of your debt in the chapter 7, and then file the chapter 13 bankruptcy.  Why would you do that?  Stay tuned, we’ll discuss that tomorrow.

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Need to Borrow from your 401(k) retirement plan?

A lot of our clients in Palm Springs and Palm Desert are asking us how they can borrow money from their retirement plans.  For quite a few of them it is the relief they need to either push off a foreclosure or stop an IRS wage garnishment.  

If you are looking for the rules regarding loans from your retirement plan, the IRS is offering a free webinar on Sept. 12th.  All you need to do to participate in the webinar on employee plan loans  is register for the call.

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Deduct 100% of your Family’s Medical Expenses

Small business owners are constantly looking for legal tax deductions to lower their taxes. A recent federal court of appeals decision has provided a road map on how small business owner’s can deduct 100% of their family medical expenses  with the use of a section 105 medical reimbursement account.

Typically business owners can only deduct 100% of their medical insurance.  However a section of the tax code allows a business to pay for all of its employees medical expenses, expenses that are fully deductible to the business.  So the “loophole” was to hire your spouse as an employee and then draw up a medical reimbursement account to pay for all of their medical expenses.

Voila!  100% of medical expenses were now tax deductions to lower their taxes.

For some reason the IRS is still fighting a losing battle against this tax planning and were handed another defeat in federal court.

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Receive a Tax Refund after the 3 year limit?

A lot of people have been told that if the IRS owes them money, and 3 years have gone by, the IRS doesn’t have to pay them their tax refund.  As always, the devil is in the details.  In fact a recent tax court case lays out in black and white that in some circumstances you can request a refund  even if the request is more than three years old.

In particular, if you can show the IRS you were under a medical disability, physical or mental, and that disability was so bad you couldn’t properly manage your finances, the 3 year time period could be extended.

If you believe the IRS tax refund you deserve has been improperly denied, give us a call. We are tax problem attorneys who have been helping people in Palm Desert, Palm Springs, Indio, and the entire southern California region know all their rights when dealing with the IRS and franchise tax board.

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How to get a fix your tax problems Fast!

The IRS’s internal affairs department released another internal audit on the IRS.  In this audit, it was found that people who respond to a IRS notice via a writing receive delayed responses.  Whereas people who respond to an IRS notice via the phone receive a priority response to their tax problem solving than those who responded via writing.

These are the types of tricks we learn after having helped people solve their tax problems over the last 30 years.  If you live in Palm Desert, Palm Springs, Indio, or anywhere in the US and have a tax problem, call us for a free consultation.

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