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Watch
out for these 'dirty dozen'
tax scams
6.
Abusive retirement plans
Retirement accounts that offer
tax advantages are prime scam
targets. The IRS continues
to uncover abuses in all types
of retirement plan arrangements,
including Roth IRAs. For instance,
the IRS is looking for transactions
that taxpayers are using to
avoid the limitations on Roth
contributions, as well as
early-distribution transactions
that are not properly reported.
Taxpayers should be wary
of advisers who encourage
them to shift appreciated
assets into Roth IRAs, or
companies owned by their Roth
IRAs at less than fair market
value. In one variation of
the scheme, a promoter has
the taxpayer move a highly
appreciated asset into a Roth
IRA at cost value, which is
below annual contribution
limits even though the fair
market value far exceeds the
amount allowed. The IRS also
reports the use of limited
liability companies to engage
in activity that is considered
prohibited.
7. Zero wage claims
This scam has been around for years and is still going strong. Its hook: No income means no taxes due. So how do you get to the zero income level? By attaching to your return either a Form 4852 (Substitute Form W-2) or a "corrected" Form 1099 that shows little or no wages or other income. Often, the taxpayer includes a statement that the information is in rebuttal to prior data the IRS received. In support of these purported corrections, the filer might cite "statutory language" on the definition of wages or may include some reference to a paying company that refuses to issue a corrected Form W-2 for fear of IRS retaliation.
Sure, every year taxpayers don't get their W-2 statements from employers and have to submit replacement forms. Similarly, companies often send their workers corrected year-end statements when original information is wrong. But you can be very sure that the IRS will look carefully at any new statements and try to track down substantiation for the changes. Try to slip bogus documents past the agency, and you'll hear from an auditor.
8.
False requests for abatement
This scam uses a real tax
document, Form 843, but rests
on a faulty interpretation
of the Internal Revenue Code.
The official
Form 843, Claim for Refund
and Request for Abatement,
is legitimately used by taxpayers
in cases where they have not
filed a return and the IRS
has instead filed one for
them using its Substitute
for Return, or SFR, program.
This happens when the IRS
computer matching program
discovers that it has a 1099
or other tax statement for
a taxpayer but no actual return
from that taxpayer. The IRS
then creates a substitute
return for the nonfiler. The
SFR process, however, does
not allow any deductions on
the income that the agency
discovered via statement matching.
So filers for whom an SFR
was created often produce
evidence of deductions in
connection with that income
and see an abatement of some
of the taxes.
That is legitimate;
but the IRS says it has seen
an increase in the incorrect
use of the reason "Failed
to properly compute and/or
calculate Section 83-Property
Transferred in Connection
with Performance of Service"
being claimed on abatement
requests. This and other reasons
that do not apply in connection
with an abatement request,
says the IRS, are scams.
9. Return preparer fraud
It's no secret criminals are out there looking to take advantage of taxpayers. But it's even more distressing when the person you trust to help you file your taxes turns out to be dishonest.
Every year, the IRS encounters unscrupulous tax return preparers who make money at the expense of their customers. Often they divert a portion of the taxpayer's refund to themselves. Even when the action isn't that blatant, the IRS warns that unethical preparers tend to charge inflated fees for their services and increase their clientele by advertising guaranteed larger refunds.
While a tax
preparer who is convicted
of tax crimes can be sent
to jail, their clients also
pay a price. No matter who
prepares your return, you
are ultimately responsible
for all of the information
on the 1040. When the fraud
is discovered, you'll owe
not only the back taxes, but
also interest and penalty
charges. This swindle underscores
the need for all taxpayers
to choose carefully when hiring a tax preparer.
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Updated: April 17, 2009 |
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