New IRS reporting requirement to US persons

STARTING 2015, filer of Form 8938 who satisfies the reporting obligation by completing Part IV Excepted Specified Foreign Financial Assets, must complete the newly added checkbox on item D on Form 5471 (discussed in this column), Form 3520,3520-A, 8621, or 8865 (not discussed in this  column). What is a controlled foreign corporation (CFC)? • more…

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Basics of statute of limitations

Background WHEN is your return free from IRS audit? From your point of view, statute of limitations prevents the IRS from collecting a deficiency in tax or beginning a civil or criminal case. Statute of limitations provides a date of finality after which the IRS or the taxpayer can take no further actions. We can…

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Be prepared for dental emergencies

INJURIES always seem to happen when we least expect them. Picture yourself at an outdoor gathering, having fun, when suddenly a crying child runs up to you, knocked-out tooth in hand. Would you know what to do? Dental first aid saves teeth Knocking out or fracturing a tooth is especially distressing—just thinking about it can…

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Can you be deported for filing false tax returns?

YES, you can be. Terrible, but it happens. In a landmark case, the Supreme Court held that a conviction for willfully filing a false tax return is a deportable offense under our immigration laws. It reached the same conclusion with respect to a conviction for aiding and abetting in the preparation of a false return….

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Last Part: Family Feuds and Shattered Families

“It’s not the first “prominent/wealthy family” inheritance battle waged nor will it certainly be the last, but the on-going estate litigation of Potenciano ‘Nanoy’ Ilusorio’s heirs has emerged as one of the longest, nastiest, most public, no-holds-barred litigious family feuds in Philippine history or in the annals of jurisprudence.”  That is how the Ilusorio Family…

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Seniors plan their golden years

One gets rid of debt, while the other attempts to collect monies lent I GOT my senior’s week last week. Two different seniors, both over 80 came to see me for different reasons. The first was 83. He was in good health, just a little stooped. Still works full time and receives social security. Wife…

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12 divorce tax tips

1. YOUR legal marital status is determined as of December 31 of each year.  Even if you were married for the previous 364 days if you were divorced on the 365th day of the year, you are considered unmarried for the entire year. 2. You can file single only if you receive a final decree…

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Debt relief exclusion for rental properties

WE talked about tax consequences of short sales, foreclosures, and abandonments of homes. Let us now talk about tax consequences of cancelled debt on qualified real property – including rental units. Debt forgiven from short sales, foreclosures, and abandonments creates debt relief income – taxable income, taxed at ordinary rates. Hard for property owners who…

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Family Feuds and Shattered Families

I had a wonderful time exchanging notes with the participants of my Family Business Talk last Friday at the Holiday Inn in Makati. It was a sold out event with whole families coming in droves and occupying several tables armed with loads of questions related to governance.  To those who attended, many thanks! It is…

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Protecting employees against workplace violence

YOWAN Yang worked for ActioNet as an information technology technician. ActioNet is a contractor providing technical support to the Federal Aviation Administration (FAA). Cy Tymony was another technician who worked with Yang on the same team. Yang worked four feet away from Tymony’s cubicle. On July 24, 2012, Yang and Tymony had an argument about…

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Right 1095 to avoid tax penalty 

ANALOGOUS to taxpayers showing their earning statements with W2 or 1099, this year taxpayers are asked to show 1095s as their health insurance statements. Without proof of health insurance, they may have to pay a penalty. A 1095 form basically declares who is covered by a health insurance meeting the “minimum essential coverage” defined by…

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How to spot an IRS fraud audit

IT started with a dreaded letter from the IRS. Your tax return has been selected for examination. Lately, the agent has been asking about cash transactions, safety deposit box, foreign bank accounts and even showed up with a second agent. At your doorsteps! Something is wrong. Does the agent suspect fraud? Are you being referred…

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Get out of debt without filing for bankruptcy?

BEING in debt and doing nothing about it can have more serious consequences than you think. First of all, it can impact your financial future. Uncontrolled debt can deprive you the opportunity to put money aside for emergencies, save money for a home or college for your children, or perhaps for retirement. Every day I…

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Do landlords have to file 1099-misc?

YOU must have noticed questions on Schedule E, Part I for rentals: • Were you required to file Form 1099-MISC? • If so, did you or will you file? Very simple yet  it is one of the most commonly argued questions among tax professionals who prepare returns for individual owners of rental property. Here’s the…

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Protecting your home

IN my last article, I explained why it is absolute necessary to qualify for Medi-Cal and get the government to pay for nursing home care for an ailing parent or loved one. After all, how many families do you know who can afford paying $8,000-$15,000 a month for Long Term Care. However, using Medi-Cal for…

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Probate, will, living trusts

(Part 2 – Basics) ESTATE planning is simply how you want your assets distributed to your heirs after you die with as little time and expense as possible. This can be accomplished by setting a revocable trust. A revocable living trust allows you to establish a simple trust to pass on your assets to your…

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Should you postpone filing your tax returns?

Surely as April 15 comes along, some of you will procrastinate in filing tax returns. It can be habit forming as I see the same taxpayers come after April 15 year after year. After four decades of counseling taxpayers, I look back at so many reasons why taxpayers don’t file on time – not having…

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