• 962 PTIN applicants on the IRS’s Prisoner File with an incarceration date within the last 10 years received active or provisional PTINs – 745 (77 percent) of the 962 applicants did not disclose the felony conviction.
• 331 active or provisional PTIN holders were in prison when they received their PTINs.
• 43 PTIN applicants are serving life sentences and received active/provisional PTINs.
None of the 43 disclosed the felony conviction on the PTIN applications. Eleven (26 percent) of the 43 indicated they had a qualifying professional certification and they received active PTINs; 32 (74 percent) received provisional PTINs.
The IRS has decided that prisoners preparing tax returns isn't ideal so they're working on putting an ixnay on the jailbird prepared 1040s.
In March 2010, the President approved two huge pieces of tax legislation: the Hiring Incentives to Restore Employment Act and the Patient Protection and Affordable Care Act. Numerous tax provisions from these two bills take effect over the next several years. Will you be able to identify the tax changes that may impact your clients’ tax returns? Here’s a quick list of the things you will want to be familiar with.
1. Tax timeline in the health care reform act—when each provision takes effect. These are major tax changes spread over the next 8 years!
2. The additional Medicare Tax on unearned income and wages found in the new Health Bill (the hottest tax topic of the year)
3. How the Gillet case affects the tax return of a same-sex couple. Is filing “Married Filing Joint” permitted?
4. The 5 tests for qualifying a child as a dependent and who can claim the child after a divorce.
5. The new rules for basis reporting starting in 2011 (Form 1099-B).
6. Cancellation of debt (and exceptions to COD Income (Section 108).
7. The myriad adjustments to gross income such as health savings accounts and prepaid tuition accounts.
8. Changes to itemized deductions including the new charitable contribution rules, the home mortgage rules and medical expenses.
9. Features and effective dates for the American Opportunity Tax Credit (Hope Credit) and the Lifetime Learning Credit.
10. The over 60 provisions that expire at the end of 2010; Ordinary income tax rates, capital gains rates, EIC, child tax credit, dependent care credit, limit on itemized deductions and exemptions, etc. will all revert to 2001 law.
Need help pulling all the information together? Get the details on these and other issues related to individual income taxes in Part 1 of CPE Link’s Federal Tax Update webcasts scheduled November-January. Course includes 120 page downloadable manual containing hyperlinks to applicable code sections.
Editor’s note: Joe Kristan is a tax shareholder for Roth & Company, a Des Moines, Iowa CPA firm, where he works with closely-held businesses and their owners. Prior to helping start Roth & Company, he worked for two of what are now the Final Four CPA firms. He writes the Tax Update Blog and is available for seminars, first communions, Bar Mitzvahs, etc. You can see his previous posts for GC here.
While the IRS is cracking down on tax preparers and proposing new rules to herd them into submission compliance, problem preparers aren’t a new problem.
Back in 1982, when the 1986 Code was just a gleam in Dan Rostenkowski’s eye, the nation’s headaches went untreated when people started dying from cyanide-tainted Tylenol. We still live with the hard-to-open containers for almost everything as a legacy of the murder spree. The killer has never been nabbed, but the tax world has supplied one suspect. The Chicago Tribune reports:
James William Lewis, a longtime suspect in the 1982 Tylenol murders, made a rare public appearance on public access television near Boston on Sunday night, hoping to promote his new self-published novel, “Poison! The Doctor’s Dilemma.”
Instead, Lewis was met with a barrage of questions from the show’s host and callers about whether he had a role in the unsolved cyanide poisonings that left seven Chicago-area residents dead, and if his novel had anything to do with the killings.
Why the suspicion?
Lewis said during the 48-minute interview that he regretted having written Tylenol’s manufacturer after the deaths, demanding $1 million to “stop the killing,” for which he was convicted of extortion.
A mistake anybody could make, especially after things have gone bad in your tax practice:
After his extortion conviction in 1983, Lewis served more than 12 years in prison. In the 1970s, Lewis was accused in Kansas City, Mo., of killing and dismembering a client of his tax-preparation business. Charges were dropped after a judge threw out most of the evidence.
That just shows how the new preparer regulations are long overdue. We can be confident that IRS Commissioner Shulman’s new preparer registration and CPE requirements — especially the two annual “ethics” hours — will keep anything like that from ever happening to a preparer today.
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