Posts Tagged ‘collect tax’

More Employment Audits–Independent Contractor vs. Employee

Thursday, May 21st, 2009

The IRS is planning more employment tax audits and examinations over the next three years.  A national research project is underway right now and the IRS has announced that it will conduct detailed employment tax examinations of certain taxpayers.  The selection process for taxpayers has begun and the program will last for three years.

The IRS estimates there will be over 3000 examinations and audits.  Although the IRS may look at any line on an employment tax return during the examination, it will primarily focus on the following issues: (1) worker classification (employee vs. independent contractor), (2) fringe benefits, (3) officer’s compensation, and (4) reimbursed expenses.

Often the IRS will receive Form SS 8 from a worker who wants a determination of whether he/she is an independent contractor or employee.  The IRS will collect information from the worker and from the company involved.  The IRS will either conduct a compliance check, make a determination based on the information collected or conduct a detailed employment tax examinations.   If the IRS determines the worker is and was an employee, there are serious tax implications for the employer.  It could be costly for the employer in terms of back taxes. 

There are several ways to challenge the IRS’ decision about whether the worker is an independent contractor or an employee.  It is best to consult a tax professional if you have been contacted about an employment tax matter.

Bill Lowrance
Lowrance Law LLC
McLean, VA
703 506 1600

TIGTA Audits IRS 2008 Report To Congress

Tuesday, January 6th, 2009

IRS Logo

The Treasury Inspector General for Tax Administration (TIGTA) is the only government entity that conducts internal audits the IRS.  Well, now you can read the most recent interesting report that covers their audit April 1, 2008 through September 30, 2008.  The report is TIGTA’s semiannual report to Congress.

There are some “blockbuster” (technical tax term) statements and recommendations in the report.
TIGTA says that IRS must focus on closing the Tax Gap noting that IRS does not consistantly assess penalties or penalize taxpayers for making false statements when filing returns.  TIGTA recommends that IRS expand its enforcement efforts.   As I have predicted before, along with other tax experts, in the future IRS will be increasing enforcement efforts.  In fact, Chief Counsel, IRS, is looking for more attorneys, see Click Here 

 TIGTA said:  “Now, more than ever, the IRS must focus efforts to close the Tax Gap – the difference between the amount of tax that taxpayers should pay and the amount that is paid voluntarily and on time. In audits conducted over this reporting period, TIGTA found that the IRS has neglected to consistently assess penalties on non-compliant businesses and individuals. Additionally, TIGTA noted that the IRS generally does not penalize taxpayers for making false statements when filing official tax forms. The IRS must aggressively address the lack of taxpayer compliance and hold those in violation accountable for their actions.”

Read the whole report: Click Here

Bill Lowrance

Tax Attorney

States To Increase Tax Enforcement Efforts

Saturday, October 11th, 2008

 Seal of the Commonwealth of Virginia.  According to an Associated Press article, many states are increasing tax enforcement and collections efforts as state revenues decline in our present economic condition.

States like New York, California, Massachusetts and Illinois are ”beefing up” tax enforcement and collections.  You can believe Virginia will, and is, doing the same thing.  Sometime ago Virginia contracted with a collection agency in Livermore, CA, to collect past due taxes.  This collection agency, Diversied Collection Services, Inc. gets taxpayer information from the Virginia Department of Tax.  The agency starts calling and writing the taxpayer demanding payments. Check out the Virginia Department of Tax Here

I spoke to a person identifying herself as Fay Miller at Diversied the other day.  I called on behalf of a client who, in the past, did not have money to pay taxes.  Well, Ms. Miller demanded full payment of the client’s tax bill.  Of course, this was done without the Virginia Department of Tax contacting me as the representative of my client.  But, that is another story I will talk about later.

States are facing budget and revenue problems.  The taxing authorities will be increasing enforcemnt efforts against companies, small businesses and individuals.  Now that may mean turning over collection to collection agencies.  I am appalled that the states, especially Virginia, contracts with a collection agency in California to contact Virginia taxpayers using the famous and infamous collection agency techniques. 

I hope to find out more information about the Virginia contract with this collection agency and the process used to collect past taxes.  Of course, everyone should file returns and pay taxes on time.  The facts are, however, that some people have hard times and cannot pay the tax due.

Anyway read the entire AP story Click Here

Bill Lowrance

Your Virginia Tax Attorney www.lowrancelaw.com

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