IRS: Beware of ‘dirty dozen’ tax scams

By Blake Ellis @CNNMoneyFebruary 16, 2012: 2:55 PM ET

 
 

NEW YORK (CNNMoney) — As the tax season kicks off this year, the IRS is keeping an eye out for scam artists who steal identities, lie about charitable donations and hide income in offshore accounts, among other abuses.

The IRS released its annual list of “dirty dozen” tax scams on Thursday, outlining the most common ways taxpayers are cheating the system.

 

“Scam artists will tempt people in-person, on-line and by e-mail with misleading promises about lost refunds and free money,” said IRS commissioner Doug Shulman. “Don’t be fooled by these scams.”

Here are the 12 scams to be most wary of this year:

1. Identity theft

A growing number of identity thieves are using other taxpayer’s personal information to file fraudulent tax returns and claim undeserved refunds, the IRS warns.

In 2011, the agency stopped more than $1.4 billion in refunds from getting into the wrong hands, and it plans to weed out more identity thieves this year.

If you believe someone stole your personal information for tax purposes, call the IRS Identity Protection Specialized Unit at 1-800-908-4490.

2. Phishing

Scammers can steal your personal information from e-mails, phone calls, text messages or social media like your Facebook page. Some fake websites are also set up to dupe potential victims into giving out their information.

They tried to deduct what?!

If you see anything suspicious or receive a message from someone claiming to be from the IRS, don’t open any attachments or click on links included in the e-mail. Instead, forward the message to the IRS at phishing@irs.gov.

3. Sketchy tax preparers

With about 60% of taxpayers expected to use professionals to prepare and submit their taxes this year, be careful about who you entrust with personal information.

There are many preparers out there who will take a portion of a client’s refunds, charge more than they should for services and lure taxpayers to their offices by promising unattainable refunds.

Federal courts have issued hundreds of injunctions ordering tax professionals engaging in these scams to stop preparing returns, and the Department of Justice has issued many complaints against preparers as well.

This year, all paid preparers are required to have a Preparer Tax Identification Number (PTIN) so customers can verify that they are legitimate. Be wary if your preparer doesn’t sign the return or put their PTIN on it, doesn’t give you a copy of your return, promises unusually large refunds, charges a percentage of the refund amount as a fee, adds forms to the return you’ve never filed before, or encourages you to include false information on your return, the IRS says.

4. Hiding income offshore

Taxpayers who have an offshore bank account, brokerage account, credit card or even an offshore insurance plan, are urged to come forward voluntarily in order to limit the possibility of criminal prosecution.

As part of its ongoing crackdown on hidden offshore accounts, the agency announced another initiative this year that gives taxpayers a reduction in penalties — and no jail time — if they fess up to any undisclosed overseas accounts. Since starting the crackdown in 2009, about 30,000 individuals have come forward and voluntarily disclosed their offshore accounts.

5. No such thing as “Free Money”

Flyers and advertisements have been showing up in community churches claiming that taxpayers can file returns with little or no documentation and receive big amounts of money, the IRS said. These ads typically target low-income individuals and the elderly and often promise non-existent Social Security refunds or rebates.

Inevitably these returns get rejected by the IRS. But by the time that happens, the scam artists have already disappeared with the victims’ money.

The IRS warned that intentionally filing incorrect returns can result in a $5,000 penalty.

6. Inflating income and expenses

Claiming income you didn’t actually earn or expenses you didn’t pay to boost credits and refunds is another common scheme taxpayers attempt. If the IRS catches you in the act, you could end up repaying the extra money you claimed, along with interest and penalties — and, in some cases, you could even be subject to prosecution.

7. Filing false forms

Some scam artists are filing fraudulent forms with their returns that contain fabricated information in order to get fatter refunds.

Same-sex spouses lose big on taxes

“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,” the IRS said. “If you are a party to such schemes, you could be liable for financial penalties or even face criminal prosecution.”

8. Picking a bone with the IRS

There are even people who charge money in exchange for advice on how to argue with the IRS in order to avoid paying taxes. The agency has a list of legal positions that have been “thrown out of court” and cannot be used against the IRS, including the argument that filing a tax return is voluntary and that the IRS must prepare a return for anyone who fails to file. So pick your fights carefully this tax season.

9. Falsely claiming zero wages

In an attempt to lower the amount of taxes they owe, some taxpayers file phony wage-related information returns instead of the required returns. This is typically done by filing Form 4852 (a substitute W-2 form) or a “corrected” Form 1099 to fraudulently lower a person’s taxable income to zero.

10. Exaggerating charitable donations

It can be tempting to overvalue the items you give to charity when reporting them on a return — especially for non-cash donations such as furniture or artwork — but the IRS is keeping an eye out for suspiciously high-valued donations this year.

The agency is also looking out for taxpayers who abuse charitable deductions by temporarily donating money or items to tax-exempt organizations, just to shield the money from getting taxed.

11. Disguising corporate ownership

It’s time to fess up to that business you own. The IRS is currently working with state authorities to identify corporations and other entities that are hiding ownership of a business.

Often these businesses are hidden because the true owner uses a third party with its own employer identification number, whose businesses or financial services can be used for the underreporting of income, fictitious deductions, money laundering, financial crimes and even terrorist financing.

12. Misuse of trusts

Beware of anyone that tries to convince you to transfer money into a trust in order to reduce your taxable income, deductions for personal expenses and/or estate taxes. The IRS has seen an increase in the number of taxpayers improperly using trusts — especially private annuity trusts and foreign trusts — to skip out on tax liabilities.

The $13,000 adoption tax credit is back!

“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,” the IRS said. “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.” 

No 1099-MISC if paid by credit card

Spidell Publishing, Inc.

In the instructions to Form 1099-MISC, the IRS has made it clear that payments made with a credit card, or through any third-party payer, are not reported on Form 1099-MISC. These amounts are now reported on Form 1099-K. Thus, if a business pays a service-provider with a credit card, debit card, gift card, or electronically via a service like PayPal, the payment is not included on a 1099-MISC.

Form 1099-K is new for 2011. The form is issued by a credit card company or other third-party payer (such as PayPal) to payees if the payee has more than 200 transactions and more than $20,000 of gross income paid to them. The 1099-K is not issued by either the buyer or seller.

9 Popular Tax Breaks You Can No Longer Count on in 2012

By David Muhlbaum | Kiplinger – 20 hours ago
 
 

You’ll face a higher tax bill next spring if Congress doesn’t act to revive a series of tax breaks that expired Dec. 31, 2011. Among the breaks that Congress didn’t extend in all the sturm-und-drang over the payroll tax holiday are:

Alternative minimum tax patch

The AMT is a parallel tax system created more than 40 years ago to prevent excessive use of tax breaks by the very wealthy, ensuring they pay at least some tax. Taxpayers whose income exceeds the AMT exemption – in 2011, $48,450 for individuals and $74,450 for married couples filing jointly – must calculate both regular tax and AMT liability and pay the larger of the two amounts. But exemption levels have, at least tentatively, dropped to $33,750 for individuals and $45,000 for married couples filing jointly in 2012, which will expose 31 million taxpayers to the higher AMT this year, according to Tax Policy Center estimates.

Higher mass transportation benefit

This one’s of particular interest to straphangers, van-riders and other users of public transit. A 2009 federal stimulus provision raised the maximum an employee could receive for transit, tax-free, from $120 to $230. That matched the tax-free limit for parking. With the expiration of this break, the maximum for 2012 dropped to $125. Employees who’ve asked to have an amount higher than that withheld from their paycheck to cover their total commuting costs will see their net pay come down, as the difference is now taxed.

Deduction for direct IRA payouts to charity

Retirees who are 70½ or older could direct up to $100,000 of their IRA distributions directly to charity and exclude the donated amounts from taxable income. Not anymore in 2012, unless Congress reinstates this deduction.

Write-offs for state sales taxes

This particularly significant expired break allowed you to deduct either state income tax or state sales tax from your federal taxable income.

Teacher’s supplies deduction

Teachers, even if they didn’t itemize, were able to take an additional deduction of up to $250 for classroom supplies they paid for out of their own pockets.

Tuition and fees deduction

Taxpayers (up to certain income limits) who can’t claim the more advantageous American Opportunity or Lifetime Learning credits can still reduce taxable income by up to $4,000 for tuition and other qualifying educational expenses — if, of course, Congress reinstates this break.

Mortgage insurance premium deduction

Homeowners who don’t exceed certain income limits had been able to deduct premiums they pay on mortgage insurance policies issued after 2006 on their primary residence.

Personal tax credits applied against the alternative minimum tax

Credits such as the tuition and dependent-care credits were allowed to offset your AMT liability.

Research and Development credit

Like the AMT patch and direct IRA payouts, this credit, which allowed high-tech companies and others to subsidize research in areas that might go unexplored, has broad support. But it still falls to Congress to reauthorize it periodically.

We think Congress will manage to revive these breaks — eventually — with the exception of the transit subsidy, whose chances are no better than 50-50. But you may spend much, if not all, of 2012 in a state of uncertainty. The political atmosphere in Washington is so toxic that it is doubtful the parties will reach agreement before the end of 2012, when Congress will have to take up the question of extending the Bush tax cuts.

If lawmakers wait too long, in 2013, we may have a repeat of the 2006 and 2010 filing seasons, when many taxpayers had to wait for the IRS to reprogram its computers before they could file their tax returns. In both cases, the start of the filing season was delayed for many until early to mid February.

IRS Live Webinar has information for struggling taxpayers

The Internal Revenue Service presents an IRS Live webinar, The IRS Fresh Start Initiative, on Aug. 31, at 2 p.m. ET. The topic is “Learn about the IRS Fresh Start Initiative – Help for Struggling Taxpayers.” This webinar will broadcast for 60 minutes. In the Aug. 31, broadcast, viewers will learn about helping individual and small business taxpayers get a Fresh Start with their tax liabilities including changes to Collection policy for:

  • Lien filing threshold
  • Lien withdrawals
  • Installment agreements
  • Offer in compromise

Panelists for this webinar are IRS representatives Marc Aronin, senior manager, Collection Policy; Ken Marek, program manager, Collection Policy and industry representatives, Thomas Walker, tax director, Dallas Cowboys Football club and a member of the Taxpayer Advocacy Panel; Madeleine Townes, a licensed attorney in Tenn. specializing in small businesses and self-employed, start up corporations, and non-profits. She is a member of the Internal Revenue Service Advisory Council.

Viewers can register online anytime before the program and download a calendar reminder.  The webinar will be available on demand on the IRS Video Portal one month after the live program airs. 

Also as a part of its outreach delivery suite, IRS offers National/Local Webinars for Small Businesses and video and audio presentations on a variety of tax topics, all of which are free.

Hotmail Live Hoax

Many of you have Hotmail or Hotmail Live accounts and have been receiving urgent alerts to update your information or have your account permanently closed.  The latest one gives you 24 hours to respond. 

THIS IS A HOAX.  DO NOT RESPOND OR FORWARD the message to anyone. 

If you have any questions about its validity go to google.com and in the search bar type “Hotmail Scams”.  You’ll be surprised at how many times this scam has been re-worded, revamped and reissued. 

Whenever you receive ANY messages asking you to provide information make a serious effort to validate the request from outside sources – including calling the company that purportedly sent the message in the first place.  Do not use the phone number given in the message itself.  Do a separate search for the number.  Most companies have web sites with the name of the company as a part of the site name.  They also have a “contact” tab on their home page.

The first clue of the validity of this latest scam comes from the fact they want to make sure you’re still using your email account.  The real Windows company already knows if you are using it or not.  The scammer asks for information the real company already has (and doesn’t need again!).  If you are ever in doubt of a message and want to run it by us – just call.  We will attempt to help you reason out the logic of the message and see if it’s legit.