Reducing IRS Penalties
Often times when someone owes taxes that they haven’t paid for a few years, they are surprised when they find out how much the IRS says they owe. This is because the IRS inevitably tacks on several of the dozens of penalties they are allowed to charge. However it’s the late filing, the late payment and the penalty for not making Federal Tax Deposits (when combined) that can add a whopping 65% to your total IRS bill. The good news is that if your tax debt is more than two years old, you’ve maxed out all these penalties.
The IRS does actually have a compassionate side, and it’s typically found in the penalty abatement process. It’s also noteworthy that penalty abatement applications can also be appealed if initially denied. Thus, you can always get a second set of eyeballs on the issue if it initially doesn’t go your way. The thing to keep in mind is that the IRS has very strict guidelines for granting penalty abatements, and these guidelines are referred to as “reasonable cause criteria.” It should be noted up front that “we didn’t have the money” is NOT a reasonable cause criteria. Why is this? Here is the IRS’ logic: when you made the money you should have either paid the taxes at that time (e.g. payroll taxes for a business) or saved the money until it was due (e.g. individual taxpayer who gets a 1099 the next year).
For example, if you are self-employed and receive a check, then you HAD the money, you simply didn’t give the IRS their chunk of it. Same goes with payroll taxes, particularly trust fund taxes (money you withhold from employee paychecks for income tax and Medicare/Social Security). If you had the expectation to pay some amount of wage, then you theoretically HAD the money sitting somewhere to pay that person, and should have withheld it and turned it over to the IRS. If you couldn’t cover the taxes, you shouldn’t have had the employee and should have laid people off or cut back their hours.
There are ways to argue around this, and we have done so very successfully, but there has to be some other circumstance involved. For example, you had the money to pay the tax, but paying the tax instead of something else would have created an “undue hardship.” Examples could include a large medical expense that unpaid would have left a condition untreated, or a court ordered payment that would have resulted in other legal consequences, or a bill such as a large automobile repair which would have left you unable to work and resulted in job loss. These arguments are difficult to make and require significantly more work than standard reasonable cause criteria applications, but they CAN be won.
The primary IRS penalty abatement reasonable cause criteria center on natural disasters, loss or destruction of vital business records, bad advice from the IRS or an accounting professional, criminal activity, medical issues, substance abuse problems, and other serious circumstances. Thus, you are more likely to have your penalties abated if the circumstances fall into one of these areas:
- Were any business records lost or destroyed?
- Were there any circumstances that led to a substantial drop in collecting on accounts receivable?
- Was there any transition in the business that lead to the failure to pay taxes?
- Was there a death or serious illness that directly affected the business or personal wages?
- Was there any embezzlement of funds, theft of valuable property, or identity theft?
- Were there any alcohol or drug abuse issues that affected the business or wage earning capability?
- Was there a natural disaster that impacted you or your business?
- Did you rely on the advice of a CPA or IRS employee in making tax decisions?
- Were there any circumstances that created substantial financial hardship, to the point where your business was close to going bankrupt?
The above questions cover all of the IRS reasonable cause criteria to one extent or another, so finding an answer to your personal or business situation that covers one or more of these questions is the key to a successful penalty abatement application. If you are facing penalties related to back taxes and believe your situation falls into the above, give us a call at 773.239.8850 and we’d be happy to help you.
Until next time…
IRS Offer in Compromise Requirements
By now, you’ve undoubtedly heard the radio commercials: “Settle your tax debt for pennies on the dollar…”
What these ads are referencing is an IRS program called an Offer in Compromise or OIC. This program does allow you to pay a reduced amount of money as full settlement of your entire tax liability, including penalties and interest. However, it’s not as simple as the commercials make it sound.
Most of those commercials will make one think that you simply take your tax debt, multiply it by some percentage and then you just pay them that amount and walk away. Unfortunately, that is not how it works.
Part of determining whether you are even eligible to apply for an OIC has to do with the formula used to decide how much you will need to pay. The formula is somewhat complicated, but an overly simplified version of it looks something like this:
- Add up the value of everything you own: House, cars, furniture, jewelry, undergarments, stocks, bonds, cash, retirement accounts, tools, goats, art….EVERYTHING. Call this number “A” – it represents the value of your assets.
- Subtract your allowable expenses (the IRS won’t let you claim all actual expenses) from your total income. Call this number “B” – it represents yours remaining income (this is what the IRS calls it – not your disposable income, which is probably less).
- Multiply “B” times either 12 or 24, depending on how long you’re going to take to pay off the Offer in Compromise. Call this new number “C”.
- A + C = Z, where Z is the amount of money you can settle your tax liability for.
Here’s the kicker: If “Z” is more than what you owe the IRS, then you’re not eligible for the program. The result? You’re probably going to end up paying monthly payments on an Installment Agreement.
In addition to this formula, there are some other conditions for OIC applicants:
- You must file all missing tax returns.
- You must keep your nose clean with the IRS for 5 full years, otherwise they will re-bill you for everything they forgave.
- You must make the OIC payments on time.
- You must pay an application fee, unless you meet the low income guidelines.
- If you end up being owed a refund on next year’s tax return, the IRS is going to keep that refund money.
The real problem for most people with the Offer in Compromise application process has to do with the part where they multiply your remaining monthly income by 12 or 24. If you have $1,000 per month left over, and are going to take a year to pay off the Offer in Compromise, then you multiply by 24 to get to $24,000. Well, if you also have $20,000 equity in your home, and no other assets, then your Offer amount is $44,000. If you owe the IRS $35,000, you’re not eligible for the Offer in Compromise program.
It’s worth noting that, in March 2012, the IRS changed some of the Offer in Compromise rules. The single biggest thing they did was to REDUCE that multiplier — it used to be 48 or 60. For taxpayers with no assets, this change effectively reduced the necessary offer amount by up to 75% — making potentially hundreds of thousands of people eligible for the program that didn’t used to be.
HOWEVER….the IRS can change this back at any time. If you are even thinking about applying for an OIC do it now! Feel free to call our office at 773.239.8850 and we’d be happy to help you get started.
Do You REALLY Have What It Takes To Start A Business?
So there you are. You’ve read all the articles, books and talked to tons of people about what it’s like to start a business. Now you’re at the point where you’re actually ready to begin taking action on your dream . If you’re like me, when you began this journey you probably thought “I know it will be hard, but will it really be as bad as all the stories I’ve heard?” Today’s post will attempt to give you the “real” on what you are in store for. I won’t sugar coat it, dilute it or spin it in any way. So if you’re ready to take the ride of your life, strap yourself in!
The truth of the matter is that no matter how smart you are, the amount of preparation, the industry or the product, this process will push you into places you only dare dream about. Some places are joyous in that they help you learn and further your development in ways you didn’t think were possible. Other places are like that scary labyrinth of your dreams where demons roam and you pray that someone will save you. With that being said, here are my 5 pearls of wisdom for taking this journey AND making it to the other side in one piece.
Develop a comprehensive plan. The first step of any trip is to plan it out. Going on a road trip? Better consult a map so you at least have an idea of where you are going. In the months leading up to us opening up our retail location, I was reading any and everything I could about what to expect. One of my particular favorites was What No One Ever Tells You about Starting Your Own Business by Jan Norman.
Once you’ve prepped your mind for what you are about to go through (i.e. a lot of sacrifice) then you need to run the numbers. I suggest looking at what it will cost to get you started, what you anticipate generating/spending for the next 3-5 years and what you will need to meet your living needs. It’s also a good idea to run a best, likely and worst case scenario. I would also recommend cutting your worst case scenario in half when you are done. Why? Just so you can see how bad it may get if things really don’t go to plan. Remember, you are trying to prepare for a fight that may just go a round or two longer than you want it to.
Have an extensive support system. Starting a business is unlike anything you’ve probably trained for in the past. It’s not like going to a new job and having to learn a new system, culture or people. It’s more like being dropped off in another country and having no clue how anything works. To that end, it’s a journey that most people can’t relate to and won’t be able to help you through. So the first layer of this pearl is to find some mentors who’ve tread this path before you did. They may be business owners or professionals (lawyers, accountants, consultants) who can relate to the journey AND give you actionable advice.
The second layer is to make sure you have a solid financial plan developed. This includes anywhere between 6 months and 2 years of savings and a plan on how you will make it through the lean times in your personal financial world. Personally, since our business is seasonal, I have a contract job (i.e. a short job that doesn’t extend past 6 months) that provides me with income in the off season. 50% of the startup battle is just surviving the lean years, but success can come if you can keep the business and your personal obligations afloat until you reach critical mass.
The last layer in this pearl is to treat your family right. They can be the key for those of us who decide they want to start a company later in life once you have kids and the like. So make sure you thank them often for their support, never take your work frustrations out on them and when you have some “free” time/money make sure you give them a significant piece of it.
Prepare to make a LOT of sacrifices. I often joke when people say “wow, you’re the CEO of your own company.” I typically respond with “yeah, I’m the Chief Everything Officer!” When you run a small business or a start up, you are responsible for practically everything. It doesn’t happen without you and YOU are responsible for making everything happen (even if you have a team). As a consequence, plan to spend a lot of time making those things happen.
In addition to sacrificing your time, plan to pull those purse strings tight for a while. This will be especially uncomfortable for those who left a “cushy corporate job” prior to going it alone. I can’t tell you how many things that I use to do without thinking that I now only contemplate every blue moon. Want to go out for lunch? Yeah, better be a special occasion like the day after tax season or the start of contract work. Other than that, I’ve kind of gotten use to the taste of those Raman Noodles in the picture above!
The last thing that will probably need some adjustment will be your hobbies. I use to hit the weight room, go swimming, race my bike, ride my motorcycle, etc. Well, let’s just say that I cut back most of my hobbies to those that don’t take too much time or money.
Be flexible but ensure you are committed. Nothing that you do when you start a business goes according to plan. Thus the key to success lies in being flexible but at the same time committed to the long haul. You can make adjustments to the direction you are headed, but you shouldn’t go in a different direction UNLESS your initial concept was just way off. Now what do I mean when I say committed? I mean you have to want this 100%, with every fiber of your being, more than you love life itself. This is a very long, dark and lonely path and the light at the end of it can sometimes seem as if it is getting dimmer versus brighter. But your commitment to making it happen (even in the darkest hours) is often what can get you to the next critical occurrence of your journey. So in short, if you aren’t willing to go “all in” so to speak, sit on the sidelines.
Constantly evaluate and course correct. One of the things I see new entrepreneurs struggle with is making adjustments when faced with challenges. In sailing, when your destination and the wind are both head on, you have to use a technique called tacking to make it to your ultimate location. In short, tacking is a series of zig-zag movements that continue to catch the wind while moving your forward. For a business person, this often means paying attention to the numbers, tracking what is working and then adjusting what isn’t. Corrections ensure that you give your customers what they need and that you do what you need to so that your business survives.
Even though we started this company back in 2005, taking the step to head it up full time back in 2012 was like going back to square one. In addition to that, opening our first retail location was a scary endeavor. But I am here to tell you, if you can commit to doing the above, the trip is well worth the agony and preparation. While starting your business is often nerve racking and challenging, it is also highly rewarding. At the end of the day, I know that my efforts really impacted someone’s life. At closing time I can stand on the street, look at our office, and take satisfaction knowing that I am creating something that will hopefully be around in the future (just like these guys).
I can’t say that I felt the above on a daily basis when I was working in corporate. However now I can’t envision living my life in any other way. So if you are just starting the action phase of your journey know this; it’s rough out here, but you can make it. Just take your time, prepare as outlined above and make sure you have a little faith.
Until next time…
Related articles
- Common misconceptions when setting up a business (theformationscompany.com)
- 15 Questions with the CEO – Ogochukwu Agu of “Beddings’n’Beyond” (whootafrica.com)
Why I’m Not Your “Typical” Accountant
When you tell people that you are an accountant, the image that pops in their head often looks like the one above. Some older gentleman wearing a pressed white shirt, spectacles, a green visor sitting under some intense light immersed in calculation. All of the above hint at an individual who, while quite intelligent and diligent about their work, is probably not viewed as the life of the party. But why is this the image that comes to mind? Where is the social accountant? Where is the person who likes to go rock climbing on the weekends? Where are the real men and women who represent the accounting profession?
Truth be told, the image classically associated with accounting professionals is actually just stereotypical. Now what do I mean by that? Well, a stereotype is a thought that may be adopted about specific types of individuals or certain ways of doing things, but that belief may or may not accurately reflect reality. The reason this image has persisted so long is largely based on historical grounds. However, the reality of the current accounting profession is that most people have “another side” to them which isn’t reflected when they are with clients and colleagues. The same would be true for me as well.
In this post I talked a lot about how I got into the profession (which was kind of by accident) as well as some of the things I like to do in my spare time. But what I wanted to focus on today is the why behind why I don’t fit the mold so to speak.
I’ve always had a business mind. Back in my younger days, I use to do yard work for our neighbors. They had a pretty big house and converted much of their yard space into gardens. The one in front was full of flowers and the one in back had vegetables and other plants. One day I was working with the owner’s wife and she asked me what I wanted to be when I “grew up.” Without hesitation I spouted off something to the effect of I wouldn’t mind owning a landscaping business, a car wash, a towing company, etc. Why I didn’t mention going to college still escapes me, but apparently I was focused on starting something.
If you fast-forward to my time in college and graduate school, one trend always tended to emerge. While I was good at my accounting classes, I almost always did better in my business classes. Whether it was business strategy, economics or investment theory, I simply was always able to grasp the concepts and meld them with the associated financial impact. What this means is that I not only understood the accounting side of the transaction, I also got how it related to the business. Thus, over the course of my 13 years in Corporate America, I ended up moving more towards the business side of the financial house (e.g. Sr. Financial Analyst, Manager or Financial Planning & Analysis) and farther away from the accounting side.
Most “typical” accountants get business in general, but sometimes get too entrenched in making sure all the numbers tick and tie. While this is part of making sure your financials are solid, it’s not what most business owners are looking for. Many want someone to give them insights on what they see; not simply regurgitate what happened last month. They also want someone who understands all the business functions and knows why marketing spends so much money (i.e. because sales don’t happen without it and no sales means no bookkeeper/accountant). I was fortunate enough to work on cross functional teams in my corporate days thus I get how the puzzle fits together. Unfortunately, not all financial professionals do.
I steal from the best and forget the rest. What I mean by this is that when it comes to business, I look for what works and discard what doesn’t. The key with this (for me) is that it doesn’t make a difference what industry the concept is used in, so long as it’s the best one.
For example, in the insurance industry it is known that you must manage the customer relationship if you want to be successful. I mean, what’s the difference between one insurance provider and another? Not much to the untrained eye. But what will keep you with your agent given that everything else is equal across all providers? The way that they treat you when then deliver service and how they engage with you when they aren’t. This is why you get a birthday card, a calendar for your refrigerator and those monthly newsletters each year. All of the proceeding are ways to keep you feeling as if your agent cares about you AND keep them top of mind whenever someone asks you “do you know a good insurance agent?”
So what does that have to do with me? All of the above are marketing tools adapted from another industry and applied to our practice to help us keep our clients engaged. Do they work? I like to think so as we have a pretty high client retention ratio. But what’s different about this is that not all accountants conduct their marketing in this manner. Some think that advertising in the yellow pages is the way to go. Some feel that splashing your name all across a golf tournament is the trick. Me? I think advertising where your competition isn’t or doesn’t focus is how you gain the business that they’re neglecting. If you want to get mediocre results (no matter what the topic/activity) just do what everyone else does. Thus, we always look to emulate the best companies out there, even if it’s viewed as unconventional or unorthodox for a financial services firm. Bet that would make that stodgy green visor CPA roll over in his grave huh?
I like to let my personality show. While I like to consider myself a relatively intelligent person, I do like to do things that are outside of what I’ll call intellectual endeavors. I participated in sports while I was in high school, and while I wasn’t any good at most of them, I still liked the thrill of competition. This passion for a challenge is prevalent in my business dealings as well as my hobbies. Whether it’s weightlifting, cycling, riding motorcycles or playing a good ‘ol game of tag with my daughter, I like to have fun.
In addition to the above, I also like people. I mean, you can’t really be effective as an accountant if you don’t like people or you feel that they are always getting on your nerves. Thus I like talking to people, learning what makes them tick, what’s going on in their lives and just bouncing ideas around. While you might not see me shutting down the party or dancing till the cows come home, I do like to mix and mingle with people every once in awhile. I mean hey, you can’t expect me to use my brain all day dealing with numbers and business problems and then not have an outlet to decompress right?
All of the above are just simple examples of what goes on in my life. What’s more important is that if my clients ask, I have no problem telling them about what I do outside of work. Why? Read the last point.
I like to share. While I tend to do my best thinking and problem solving when I am by myself (i.e. typical introvert), I can’t function without some interaction from others (i.e. classic extrovert). Thus, I strive to achieve a balance between my need for inner quite and my desire to be active and have fun with other folks. The end result is what you see in this blog; me sharing my life with you, my friends, teammates, colleagues and anyone else who happens to stumble upon it.
Do I mind sharing what I do outside of business? No. Many people view accountants as intellectual, emotionless, lumps of goo that have no life outside of crunching numbers. By sharing my escapades, it proves that I am human and that I am no different than they are. It offers them a glimpse into my life and what makes me tick. Do most stereotypical accountants do this? I wouldn’t know; but that’s because I’m not your typical accountant!
Until next time…
12 Ideas That Don’t Work In Business Anymore
We recently came across an article which discussed a dozen public accounting ideas that don’t work anymore. The article begins by mentioning a sermon that Rev. Robin Meyers preached where he warned that there may be an eighth deadly sin: nostalgia. You know, that feeling of fondness and good memories of a time since passed; usually quite some time ago. What was being suggested is that maybe by holding on to those “good ‘ol days” (which may not have been really all that good), we are actually delaying making the significant changes needed to address modern/future realities and challenges.
So with that said, we got to thinking; what are some things that don’t work in business anymore? What are some things that CEOs and workers cling to that should really be abandoned in today’s times? Back when Jared worked in the consumer package goods (CPG) industry, he said they lived and operated by one phrase. Innovate or die. What does this mean? Well, if your competitors are always looking for and introducing the next big thing each year, you better do the same or you’ll get left in the dust. To that end, if your business isn’t keeping pace with customer/consumer preferences and demands, you might as well just close up shop right now.
Here are twelve things that business owners need to know just don’t hack it in today’s day and age:
Build It and They Will Come. The days of simply opening up a store or retail location and having customers flock to you ended in the 1950’s and it’s not coming back. Today’s consumer has a plethora of information at their disposal (mobile access to providers, customer reviews, competitor pricing, etc.) to help them pinpoint who they will purchase from. The more important goal is to make sure customers can find you when they do their search. In short, make sure you are doing your marketing.
Expecting That Clients Will Stay With You. In our industry, many tax professionals don’t feel too compelled to offer “exemplary” service. Don’t get us wrong, you’ll have a decent experience, but you just may not get the red carpet rolled out for you. The reason is that many feel their clients won’t leave because it’s too much of a pain to switch accountants, tax preparers, etc. If you treat your clients like this, don’t be surprised when that up and coming competitor down the street steals them away from you.
Not Making Your Company 24/7 Accessible To Customers. We’re not saying that you have to interact with your customers in the wee hours of the morning. We’re just saying that you need to give them a way to contact you when it’s convenient for them. It’s solely up to you if you want to return their calls at 2AM, or have an email auto responder at least tell them someone will contact them first thing during business hours. But not having a mechanism for the girl who works the graveyard shift to let you know she’s unhappy during her lunch break isn’t acceptable.
Refusing To Embrace Technology. If you still rely on yellow page ads to bring you business, we have some news for you; no one uses the yellow pages to find providers anymore. Technology has made it so much easier for people to interact with one another. It’s also made it more instantaneous. Refusing to embrace current trends only does one thing; accelerate the decline in your revenue and ultimately your business.
Not Making Your Website Mobil Friendly. We’re just as guilty of this as anyone else; but we realize that it needs to be fixed and are working on it. The truth is, many consumers access your website from their phone or other mobile device. If your website doesn’t look correct when they pull it up, what type of impression are you sending? Remember; always put your best foot forward.
Not Offering Flexible Work Solutions. Certain professions are really big on “face time” or the amount of time you actually spend in the office. Given that this is 2013 and the various technological advances that we have made in the past 10-15 years; there really is no reason why you need to be in the office ALL of the time. If employees can’t work remotely, can’t take work home with them and can’t schedule non-critical work around their lives, don’t be surprised when they go and work for your competitor who does offer these things.
Believing That You Don’t Have To Offer Competitive Benefits. Some “Old Timers” in every company or industry always seem to believe that the “new way” of doing things is just a fad. Unfortunately, denying current trends exist is just not good business sense. Thus, if your company isn’t trying to be competitive in this arena, be advised that your employees may not be sticking around too long.
Not Offering A Casual Work Environment (Occasionally). Only bankers and those who entertain clients wear business professional dress all the time. Since the early 2000’s many companies offer a business casual environment with Friday even being a day where employees can dress down. Remember, it’s sometimes the little things that make your employees happy. Something as simple as altering the dress code when you aren’t meeting with customers can actually go a long way.
Believing That Talented Young Staff Will Wait Their Turn. Do talented athletes wait their turn to enter the professional arena? Do gifted individuals waste their brain cells attending all years of college when they know more that all the professors combined? So the question becomes why would you think your talented young staff would wait to attain roles that they are currently ready for? The best thing to do is identify your company’s next bright stars and begin to groom them and put them through their paces. If you don’t, you may wake up one day and find them as your competitor!
Expecting That Employees Will Stay With You. The day of company loyalty went out the door the day that companies started focusing on “shareholder value” as their guiding light. Employees nowadays have a lifespan of about 3-5 years before they are on to the next company. Now this doesn’t mean that you shouldn’t focus on developing your staff, or neglect succession planning. However, it does mean that you shouldn’t be surprised when one of your prized managers comes and tells you their leaving for their “dream job” in Hawaii.
Seniority Based Rewards System. Do you remember that college professor you had that was absolutely horrible? You know the one who did your education a disservice and should have been fired years ago? Oh yeah, Your State University wouldn’t let them go because they had tenure (i.e. seniority). Quite simply put, rewarding people SOLELY because they have been around since dirt was invented is NOT a good way to operate. A better way is to reward those who do a good job AND stay around for the long haul.
Earning The Right To Give Upward Feedback. Listen, we all have the right to praise and criticize (objectively of course). But the notion that feedback should only travel downward or laterally (as in the case of your peers) is not conductive to developing a world class operation. Everyone should have the right to give their opinion. If you not comfortable hearing what the entry level staff think, then offer them an anonymous way to do so via one of these platforms. Did you think we were going to say use a suggestion box? Please go back and read point number four!
Until next time…
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