Connect with us

Accounting

Tax Fraud Blotter: No risk

Published

on

Everything must go; have con, will travel; gold rush; and other highlights of recent tax cases.

Deltona, Florida: Business owner David Albert Fletcher has pleaded guilty to evading payment of more than $1.7 million he owed for tax years 2004 through 2014.

Fletcher owned and operated several furniture liquidation businesses and for 2004 through 2013 did not timely file his federal income tax returns or pay taxes. After an audit, the IRS assessed $1.7 million in taxes, interest and penalties.

To evade collection, Fletcher concealed his income and assets from the IRS, including by using nominees to hide his purchases of luxury vehicles. He also filed returns that understated his income, and when interviewed by an IRS special agent lied about how much he earned.

Fletcher faces up to five years in prison.

Chatham, New Jersey: John Goggins, former senior vice president and general counsel for a large public corporation, has been sentenced to eight months in prison for willfully failing to file federal income tax returns.

Goggins, who previously pleaded guilty to a four-count information charging him with willfully failing to file federal income tax returns for 2018 through 2021, earned total gross income in those years of $54 million from wages, restricted stock awards, the exercise of annual nonqualified stock options, interest, dividends and gains from stock sales.

Goggins was also sentenced to a year of supervised release and was ordered to pay $3.11 million in restitution to the IRS (which has already been paid) and was fined $40,000.

Indianapolis: A U.S. district court has permanently enjoined tax preparer Juan Santiago and his company from preparing federal returns for others and from owning or operating tax prep businesses in the future.

Santiago failed to respond to the civil complaint filed against him, so the court entered the permanent injunction by default.

Santiago resides in Lakeland, Florida, but travels to Indianapolis for tax season to operate Madison Solutions LLC. The complaint alleges that he and Madison Solutions used a variety of schemes to improperly reduce clients’ tax liabilities or to obtain undeserved refunds, including by repeatedly placing false or incorrect items, deductions, exemptions or statuses on clients’ returns without their knowledge.

For example, the complaint alleges that Santiago routinely elected head of household status and Child Tax Credits for clients when they were otherwise not qualified for such status or credits. The complaint also alleges that Santiago reported fictitious businesses on returns and fabricated business expenses and income to fraudulently reduce taxable income.

Wilmington, Delaware: Business owner Robert Higgins, of West Chester, Pennsylvania, has been convicted on charges of mail, wire and tax fraud.

He owned and operated First State Depository, a precious metals depository that held more than $100 million in customer assets, primarily in the form of gold and silver bars and coins. Higgins diverted customer assets to pay debts and finance his personal life, including two timeshares in Hawaii and luxury vacations. First State’s records indicated that at least $58 million worth of customer assets had been misappropriated; industry sources generally agree that this is the largest theft from a precious metals depository in U.S. history.

Higgins faces up to 20 years on the wire and mail fraud charges and five years on each tax fraud charge.

Hands-in-jail-Blotter

Ft. Worth, Texas: John Anthony Castro, 40, owner of the virtual tax prep business Castro & Co. who falsely inflated dozens of client returns, has been sentenced to more than 15 years (188 months) in prison for tax fraud.

Castro — who had graduated law school but repeatedly failed the bar exam — held himself out as an “international tax expert” and “federal practitioner” and falsely claimed to be a graduate of West Point.

He successfully marketed to clients around the world, claiming to be an expert on certain tax issues related to Australian expats, among other things. Between 2017 and 2019, he filed more than 1,900 returns on behalf of individuals worldwide. Castro promised his clients a significantly higher refund than they would receive from other preparers, claiming he knew how to identify and claim deductions that others did not. He added that there was no risk, as he split the additional refund amount with clients for his fee.

He did not share the return with clients before filing but instead informed them of the amount of the anticipated refund. On many occasions, Castro filed returns on behalf of clients without their permission or knowledge.

In other instances, he claimed deductions that had no basis in fact. Castro claimed deductions based on extreme and unsupported legal theories, including saying that deductions for any expense related to preventing an illness qualified as an “impairment related work expense;” expenses related to commuting to and from work; and the full value of one’s mortgage and utilities as long as the taxpayer had some Schedule C business to claim, among others.

When the victim-taxpayers learned what Castro had done, many demanded copies of their returns. Castro refused to engage in conversation and even delayed providing returns for months; he often acted in a highly vindictive manner when questioned or challenged by clients or others, berating individuals in emails, threatening legal actions or by filing amended returns, without clients’ permission or knowledge, that removed all deductions. Many of the victims have since been audited or filed amended returns.

Castro was also ordered to pay $277,243 in restitution.

Thornton, Colorado: Tax preparer Lance McCuistion, 56, has been sentenced to 52 months in prison after pleading guilty to preparing false returns for clients.

In July 2014, McCuistion pleaded guilty to preparing false returns in a prior investigation and was sentenced to probation. As a result of that offense, McCuistion was unable to obtain a PTIN. From around April 2018 through April 2022, McCuistion used PTINs in the names of three associates to prepare returns for clients.

These returns claimed items for which McCuistion knew the taxpayers were not eligible, with the aim of increasing refunds or reducing taxes.

Independence, Missouri: Business owner Richard Dean Schiele Jr., 51, has pleaded guilty to filing a false claim as part of a scheme to fraudulently receive nearly $1.4 million in federal COVID-19 relief money.

Schiele admitted he filed nine employer’s quarterly returns with the IRS on April 22, 2023, for a company he formed the same month called Schiele Family Own Distribution. The returns made a total of $1,392,716 in claims for pandemic-era credits against the company’s ostensible employment taxes. Schiele later admitted that the company had no employees in 2020 through 2022.

The IRS issued checks totaling $478,890 to Schiele; the Treasury recovered $348,764.91 from Schiele’s bank account.

He must pay $130,125 in restitution to the IRS.

Continue Reading

Accounting

Senate Republicans release revised tax cuts and debt limit bill

Published

on

Senate Republicans propose to cut trillions of dollars in taxes for households and businesses in their version of President Donald Trump’s signature economic package, a plan that comes at the expense of curbing health coverage for some low-income Americans and adding to US deficits.

The bill would preserve Trump’s first-term tax cuts and create several new breaks that he championed on the campaign trail — including eliminating taxes on tips. To offset the cost, senators are proposing to repeal some clean energy tax credits and scale back Medicaid benefits spending more deeply than in the House-passed bill.

Within hours of the bill’s release, cracks were forming among Republicans about the scope of the Medicaid cuts. 

“This bill needs a lot of work,” Senator Josh Hawley, a Missouri Republican, told reporters Monday. “This will close hospitals in rural America.”

Republicans can only afford to lose three votes in the Senate, putting pressure on GOP leaders to broker compromises to push Trump’s agenda through the chamber.

The bill expands some tax breaks while raising the debt ceiling by $5 trillion, instead of $4 trillion in the House-passed measure. It largely hews to the House bill as Senate GOP leaders aim to avoid a protracted negotiation on the substance of the legislation that could risk the U.S. defaulting on a payment obligation when the Treasury Department can no longer employ extraordinary debt limit measures, as soon as mid-August. 

Notably absent from the bill is a deal on the state and local tax deduction, one of the most contentious issues facing lawmakers in the negotiations. The draft includes the current $10,000 SALT cap as a placeholder while lawmakers continue to debate the politically important writeoff.

big-beautiful-bill-tax-comparison.jpg

H.R.1, Senate Finance Committee

“We understand that it’s a negotiation,” Senate Majority Leader John Thune told reporters on Monday. “Obviously, there had to be some marker. We are prepared to have discussions with our colleagues here in the Senate and figure out a landing spot.”

Thune added that his chamber plans to vote on the bill next week in order to meet a July 4 deadline to send the legislation to Trump.

Finance Committee Chairman Mike Crapo and other Senate Republicans have pushed to reduce the $40,000 cap included in the House version. House lawmakers representing high-tax states have threatened to block the measure if the cap is lowered. Current law allows only a $10,000 cap for individuals and couples, though the limit is set to expire at the end of the year. 

The committee draft’s biggest change is making permanent three business tax breaks that in the House version expire after 2029. That includes the research and development deduction, a provision expanding debt interest writeoffs and expensing for new equipment, including most machinery and factories. The interest expensing changes benefit banks, while research-heavy sectors like pharmaceuticals and information technology should benefit from the longer research and development break.

However, the bill pared back a House proposal to increase a business deduction for closely held businesses to 23% from 20%. The Senate plan makes permanent the current 20% write-off that is set to expire at the end of the year.

Democrats were quick to criticize the legislation, saying that it skews benefits to wealthy individuals and business owners.

“This is textbook class warfare,” Senator Ron Wyden of Oregon, the top Democrat on the Senate Finance Committee, said. “It is caviar over kids.”

The bill also scales back a proposed tax on university endowments. The House bill called for a top rate of 21% on the wealthiest universities, but the Senate’s draft tops out at 8%. The legislation also omits a House proposal that would impose taxes on large private foundations, such as the Gates Foundation.

Trump’s plan

The legislation largely renews Trump’s 2017 tax cuts for households and small businesses, which are set to expire at the end of 2025. The bill also includes a new slate of levy reductions, including some of the president’s campaign trail promises to eliminate taxes on tips and overtime pay.

The plan proposes cuts to the Medicaid program for low-income and disabled people that are more aggressive than policies the House passed. The Senate went further than the House’s proposal to limit the options states have to fund their share of Medicaid. The House bill would set a moratorium on new or increased taxes on medical providers, while the draft Senate bill would cut the amount that states that have not expanded Medicaid under the Affordable Care Act can tax health care providers to help fund their Medicaid programs.

The Medicaid reductions have been politically divisive even within the Republican Party, with some senators warning that the cuts could harm their constituents. 

The legislation augments the House version of the child tax credit, making permanent a $2,200 per-child credit. The House bill called for a $2,500 tax break, but the measure was only temporary. The bill would create a new $6,000 deduction for older people and establishes a new deduction for charitable donations for people who don’t itemize their tax returns.

Energy credits

The bill would also end the $7,500 tax credit for electric vehicles within 180 days of the legislation being enacted. The draft also calls for an end for subsidies to wind and solar.

The draft ends a credit for companies, including Sunrun Inc., that lease rooftop solar systems as well as homeowners who buy them outright. The elimination of the credits would decimate the already reeling solar industry, with the uncertainty of the fate of the clean energy incentives already causing disruption in the market.

Despite a lack of agreement on several key policy issues, the Senate intends to pass the legislation on an ambitious timeline. Republicans are aiming to pass the bill out of the Senate and send it back to the House for final approval by July 4. Trump has put pressure on lawmakers to coalesce around the legislation, which we has dubbed the “One Big, Beautiful Bill” and will serve as the centerpiece of his legislative agenda.

The release of the Senate bill comes as Trump’s allies have started a messaging campaign to defend his first-term tax cuts. Changes to the corporate tax code that Trump pushed through in 2017 spurred companies to invest for years, according to a new academic study from Kevin Hassett, head of the White House’s National Economic Council.

The analysis found that a one percentage point decrease in the user cost of capital drove between a 1.68 and 3.05 percentage point increase in the rate of investment.

Other economists caution that Trump’s planned tax cuts will add pressure to the government’s already surging deficit and keep borrowing costs elevated, for both business and households.

Continue Reading

Accounting

Tax savings for business owners hiring kids

Published

on

Business owners who employ their children in a reasonable but limited capacity at their firms can rake in tax savings and start their kids’ first retirement accounts in the process.

But the entrepreneurs and their financial advisors or tax professionals must ensure they’re diligently keeping the kids’ employment records, complying with some variation in state-level rules for business entities and addressing any other potential ramifications, according to Miklos Ringbauer, of Los Angeles-based MiklosCPA, and Kevin Thompson, CEO of Fort Worth, Texas-based RIA firm 9i Capital Group.

READ MORE: 24 tax tips for self-employed clients

Key benefits of hiring your child

For instance, Ringbauer usually advises clients to restrict their compensation for any summer jobs or other employment for their children to less than $15,000. That’s the standard deduction for 2025, the highest amount of income that, in most cases, doesn’t carry the requirement to file a return. 

In turn, the business may deduct the wages as an expense and often avoid Social Security, Medicare, Federal Insurance Contributions Act (FICA) and Federal Unemployment Tax Act (FUTA) taxes, as well as estate and gift duties. 

And the child acquires some invaluable lessons about a day’s work, alongside potential investments such as a Uniform Transfers to Minors Act (UTMA) portfolio with a parent as the custodian or a Roth or traditional individual retirement account. But the benefits won’t accrue from brazen attempts by parents to give their kids money.

“There’s an incredible wealth of information out there and options a business owner and their children can take advantage of legally to help reduce taxes on the parents’ side,” Ringbauer said. “This could be an incredible wealth transfer, if it is done right and done appropriately.”

For advisors and their clients, that entails using the same payroll records as they do for any other employees and assigning the kids to perform actual work aligning with their hours and skills. And, of course, they need to “be careful” that they’re not running afoul of guidelines for child labor or the so-called kiddie tax on unearned income or investments, Thompson noted.

“You can’t pay your kid $15,000 over the summer for raking leaves. It has to be reasonable compensation, and you have to have them in your system,” he said. “Having the IRS come into your place just because you paid your kid some money over the summer is not a good look.”

READ MORE: The basics of S corporations — and the pitfalls for small businesses

Helpful lessons

Whether they’re working for their parents or another employer, a summer job can introduce young people to concepts such as the difference between an independent contractor and a W-2 employee and any wittholdings from their paycheck, according a recent guide to IRS rules for teens by Jill Kenady, a tax materials specialist with the University of Illinois Tax School. Documents like a tax checklist compiled by the school, and IRS releases for students and summer employees could aid parents and youngsters navigating the rules, Kenady wrote.

“Summertime is near, which means teens will start jobs, which is the initiation into adulthood,” she wrote. “These jobs offer a sense of independence along with a wonderful way to earn their own money. However, with great earnings come significant responsibilities, specifically tax responsibilities. It is your job as a tax practitioner to help teens and their parents navigate the tax laws and the impact of summer employment.”

The advantages to parents who employ their kids can pile up so high that Ringbauer said he begins speaking with business owners about the possibilities shortly after the child is born. As long as they comply with the rules, a pediatrician or a child dentist could consider hiring their kid to act as a model for advertisements or pictures on the website for the small business, he noted.

On the other hand, Ringbauer stressed that it’s important for the parents to talk through their ideas with an advisor or tax pro before putting anything in motion. The entity classifications of a business and independent contractor or W-2 employee status for the child could bring more complexity to their decisions. Then there are the more basic concerns about any potential for accidents on the job or the challenges of a parent working in the same office as their child.

READ MORE: 3 tax strategies for summer daycare, jobs and vacation rentals

Keep implications in mind

Among prospective clients, the most common problem is that it can look like a business owner is trying to simply transfer money to their child “without actual work or suitable work,” Ringbauer said.

“Eventually, they didn’t turn into my client, because they didn’t like the answers I gave them,” he said, recalling one business owner who was trying to skirt the rules. “After-the-fact errors are the biggest pitfalls, and it’s across the board.”

However, the array of potential strategies for small business owners provide “limitless reasons and opportunities to do it right, and the benefits significantly outweigh the immediate gratification of savings in dollars,” Ringbauer added.

The incentives explain why the method “makes a lot of sense” for many business owners and kids who could open their own retirement accounts, Thompson said. But there are some caveats. For example, those assets could affect possible financial aid for college or other benefit programs that take net worth into account.

“We have to look at the implications on them saving dollars under their own names,” Thompson said. “I have to be careful, because if they have too much money under their name it could ruin their benefits.”

Continue Reading

Accounting

One Big Beautiful Tax Bill full of impactful provisions

Published

on

The One Big Beautiful Tax Bill Act, as passed by the House and revised text was released Monday by the Senate, includes a number of significant tax provisions for both corporate taxpayers and nonprofits.

“Even before we saw the legislative text of the One Big, Beautiful Bill, we knew these would be the big provisions for most of our clients that they were interested to see what was going to happen,” said Jess LeDonne, director of tax technical at the Bonadio Group. “The big one that I get the most questions about right now would be the expensing of research and development costs, Section 174. That provision, specifically, allows for the temporary suspension of the amortization, so you would be able to immediately expense those costs. They also expanded that provision to include software development expenditures as well. Some of the provisions are kind of a permanent extension of some of the Tax Cuts and Jobs Act. This one specifically is a temporary suspension of the amortization requirement. Essentially it will allow for immediate expensing of R&D costs only for tax years 2025 through 2029. This isn’t permanent, but it still is for a lot of clients a welcome potential change.”

Another significant provision involves bonus depreciation, Section 168(k). “The bill, as written as it currently sits in the Senate, would allow for 100% bonus depreciation to be reinstated,” said LeDonne. “This would again be temporary, based on the placement service date of the equipment, and it would be for a property placed in service from essentially Inauguration Day. They picked Jan. 19 of this year, and before Jan. 1, 2030.”

She sees that as a welcome extension. “That was the one we have been watching phase down already, and was set to phase out completely by 2027,” said LeDonne. 

Another provision involves the qualified business interest deduction provision. “There’s an increase there from 20% to 23% and that one does not have a sunset date, so that would be more of a permanent potential increase to that QBI deduction,” said LeDonne. 

Business interest deductions would also be extended “The last one that I’m always being asked about would be the change in the calculation for the limitation on business interest expense deductions in 163(j),” said LeDonne. “There’s a temporary reinstatement in the bill to go back to the EBITDA-based calculation. And that would be for tax years 2025 through 2029. That was the other one that we’ve been watching those specific provisions to see what’s going to happen based on the Tax Cuts and Jobs Act expirations and phasedowns. Those were some of the biggest business-side provisions that we’ve been asked about.”

Nonprofit tax changes

Nonprofits such as foundations, colleges and universities would also see wide-ranging impacts from the bill that was passed by the House and whose amended text was released Monday from Senate Republicans.

“The tax bill, as it’s written right now out of the House, has a number of provisions that impact the nonprofit sector,” said Aaron Fox, a managing director at CBIZ. “We will see how many of them stay in effect after the Senate is done marking up the bill. Some of the more notable provisions in the bill, to my mind, are the private foundation increase in tax rates depending on the size of their asset base. That would mark a significant departure from historic norms, where previously the tax rate was only 1.39%, and the rationale was that it was there to pay for the cost of administering foundations. But the increased rates up to 10% for the very large foundations with $5 billion or more in assets really represents a change in approach and would pay for other parts of the bill.”

The increase in tax on investment income for colleges and universities could also have a major effect on larger educational institutions. “Right now, the current rate is 1.4%, but in certain instances where the student-adjusted endowment amount goes up to $2 million or more, then colleges could be looking at significant increases in that excise tax rate,” said Fox. “That’s a pretty significant one that would not impact all of higher education, but have a pretty broad impact on the bigger colleges that have very strong balance sheets.”

Other provisions involve royalty income and transportation tax fringe benefits. 

“Royalty income change is going to be pretty broad in application, because many nonprofits, especially in the social welfare space, have royalty contract arrangements, and some of those royalties relate to name and logo licensing or sales,” said Fox. “I think that has an opportunity to have a really broad impact as well. Finally, my fourth one would be what they’re thinking about doing with transportation tax benefits and bringing back the rule that created unrelated business income tax on the provision of those benefits, which is sort of a tricky area in the tax law. It created a lot of uncertainty and difficult filings for nonprofits back in 2017 and 2018 when this idea was first put into law and then later repealed.”

Continue Reading

Trending