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Denny & Boulton, P.C.

Denny & Boulton, P.C.

Phoenix IRS Tax Attorneys

  • Tax Attorneys
    • G. Michael Denny, Esq.
    • Stephen D. Boulton, Esq.
  • Legal Practice Areas
    • Tax Controversy and Tax Litigation
    • Bankruptcy
    • Business Law
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Foreign Bank Account Reporting Obligations

sboulton · February 2, 2024 ·

Introduction

In our interconnected global economy, individuals and entities often engage in financial transactions across borders. With the increasing globalization of finances, it becomes imperative for governments to monitor and regulate these transactions to ensure transparency, prevent tax evasion, and combat financial crimes. One crucial aspect of this regulatory framework is Foreign Bank Account Reporting (FBAR), which mandates the disclosure of foreign financial accounts held by U.S. taxpayers. Understanding FBAR and its reporting obligations is essential for individuals, businesses, and financial institutions operating within the purview of U.S. tax laws.

Understanding FBAR

FBAR, as defined by the United States Department of the Treasury, refers to the Report of Foreign Bank and Financial Accounts (FinCEN Form 114). This report must be filed annually by U.S. taxpayers who hold financial interest in or have signature authority over foreign financial accounts with an aggregate value exceeding $10,000 at any time during the calendar year. Foreign financial accounts encompass a wide range of assets, including but not limited to bank accounts, securities accounts, mutual funds, and certain types of retirement accounts held outside the United States.

Historical Context

The origins of FBAR trace back to the Bank Secrecy Act (BSA) of 1970, which aimed to combat money laundering and financial crimes by requiring financial institutions to maintain records and report certain transactions. Over time, amendments to the BSA expanded the scope of FBAR reporting requirements, emphasizing the need for greater transparency and accountability in cross-border financial activities.

Purpose of FBAR Reporting

The primary objective of FBAR reporting is to enhance tax compliance and prevent tax evasion by providing the Internal Revenue Service (IRS) with valuable information about foreign financial accounts held by U.S. taxpayers. By requiring individuals to disclose their offshore assets, the government seeks to deter tax evasion schemes that exploit the secrecy of foreign jurisdictions and offshore banking systems.

Compliance and Enforcement

Failure to comply with FBAR reporting obligations can have serious consequences, including substantial civil penalties and even criminal prosecution in cases of willful non-compliance. The IRS employs various enforcement mechanisms, including audits, investigations, and collaboration with foreign authorities, to identify taxpayers who attempt to conceal their offshore assets and income.

Reporting Thresholds and Requirements

It is essential for taxpayers to understand the reporting thresholds and requirements associated with FBAR filings. As mentioned earlier, individuals must file an FBAR if the aggregate value of their foreign financial accounts exceeds $10,000 at any point during the calendar year. The filing deadline for FBAR submissions is April 15th of the following year, with an automatic extension available until October 15th upon request.

Exemptions and Special Considerations

While the FBAR reporting requirement applies to a broad spectrum of taxpayers, certain exemptions and special considerations exist. For instance, certain individuals, such as bona fide residents of certain U.S. territories, may be exempt from FBAR reporting requirements. Additionally, taxpayers facing unique circumstances or encountering challenges in complying with FBAR obligations should seek guidance from tax professionals or legal advisors to ensure compliance and mitigate potential risks.

Impact on Financial Institutions

FBAR reporting obligations also extend to financial institutions, including banks, investment firms, and other entities that maintain foreign financial accounts on behalf of U.S. taxpayers. These institutions must fulfill their reporting responsibilities by collecting accurate and timely information from account holders and transmitting the required data to the appropriate regulatory authorities.

International Cooperation and Exchange of Information

In an era of global financial interconnectedness, international cooperation and exchange of information play a pivotal role in combating tax evasion and promoting financial transparency. The United States has entered into numerous bilateral and multilateral agreements with foreign jurisdictions to facilitate the exchange of financial information, enabling authorities to identify and address instances of non-compliance more effectively.

Conclusion

FBAR and foreign bank account reporting obligations represent critical components of the regulatory framework designed to safeguard the integrity of the financial system and promote tax compliance. By requiring individuals and entities to disclose their foreign financial accounts, FBAR aims to deter tax evasion, enhance transparency, and uphold the principles of fairness and equity in taxation. Understanding the intricacies of FBAR reporting requirements and ensuring compliance with applicable regulations are essential for taxpayers, financial institutions, and regulatory authorities alike in maintaining the integrity and stability of the global financial ecosystem.

The Tax Advantages of Owning a Home

sboulton · January 24, 2017 ·

One of the main reasons people purchase a home is the psychological satisfaction in owning a home. Not only can owning a home be rewarding in its own right, owning a home can provide many tax benefits. Home ownership is one of the best tax planning strategies taxpayers can undertake.

In the year of purchase several items paid through escrow may be tax deductible. Points paid on the purchase of a new home are fully deductible in the year of purchase or if purchased late in the year, the points may be amortized in subsequent years. These points are generally identified on the escrow statement as “Loan Origination” fees. Other escrow items may also be tax deductible in the year of purchase. These may include real estate taxes or mortgage interest paid through escrow. Generally, the points and the mortgage interest paid through escrow are reflected on the annual Form 1098.

Because every year there are two items that may be deducted when itemizing deductions, owning a home will generally decrease the amount of income tax liability. Real estate taxes and mortgage interest are tax deductible, and can be quite substantial depending upon the cost of the home and the amount of the mortgage. Every year the mortgage company will issue a Form 1098 reporting the amount of mortgage interest and/or real estate taxes paid for that year. Form 1098 will include property taxes paid if those taxes are paid by the mortgage company out of an impound account. Whether impounded or paid separately, real estate taxes can be deducted as an itemized deduction each year.

Because these tax deductions lower a taxpayer’s overall tax bill every year, some taxpayers may decide to have less tax withheld from each paycheck. Depending on whether larger refund is desired or not, a tax advisor can calculate the proper number of withholding allowances to claim.

Although it is never a good idea to withdraw funds from retirement savings before reaching retirement age, first-time homebuyers can take advantage of an exception to the 10% early withdrawal penalty (before age 59 ½). First-time homebuyers can withdraw up to $10,000 from an IRA account without incurring the 10% early-withdrawal penalty. However, income taxes must still be paid on the funds withdrawn. Although never recommended, while 401(k)s do not qualify for the exception to the 10% penalty, certain plans allow borrowing from a 401(k) to help purchase a home.

While history demonstrates that real estate tends to be a sound investment, buying a home is rarely profitable unless the home is owned long-term. Over time, if real estate appreciates, the equity in a home increases. When it comes time to sell a home, if certain criteria are met, there are special tax breaks if there is a gain from the sale. Taxpayers are allowed to exclude tax-free up to $250,000 ($500,000 if married) of the gain on the sale of their home. The seller(s) must live in the home for two out of the previous five years (there are certain exceptions to this rule).

The tax information explained here is a brief overview of the tax advantages of owning a home. Since there are many complicated tax issues involved, you should always consult with me before buying, selling, or refinancing a home. As always, feel free to call our office if you have any questions.

For a free initial consultation regarding your tax issue contact Denny & Boulton, P.C. at:

Denny & Boulton, P.C. · 4020 N. 20th St., Ste. 217 · Phoenix, AZ 85016
Tel: (480) 382-4257 · Fax: (480) 447-6349

Download a PDF Copy of The Tax Advantages of Owning a Home

Five Important Tips on Gambling Income and Losses

sboulton · December 22, 2016 ·

Whether you roll the dice, bet on the ponies, play cards or enjoy slot machines, you should know that as a casual gambler, your gambling winnings are fully taxable and must be reported on your income tax return. You can also deduct your gambling losses…but only up to the extent of your winnings.

Here are five important tips about gambling and taxes:

  1.  Gambling income includes, but is not limited to, winnings from lotteries, raffles, horse races, and casinos. It includes cash winnings and the fair market value of prizes such as cars and trips.
  2. If you receive a certain amount of gambling winnings or if you have any winnings that are subject to federal tax withholding, the payer is required to issue you a Form W-2G, Certain Gambling Winnings. The payer must give you a W-2G if you receive:
    • $1,200 or more in gambling winnings from bingo or slot machines;
    • $1,500 or more in proceeds (the amount of winnings minus the amount of the wager) from keno;
    • More than $5,000 in winnings (reduced by the wager or buy-in) from a poker tournament;
    • $600 or more in gambling winnings (except winnings from bingo, keno, slot machines, and poker tournaments) and the payout is at least 300 times the amount of the wager; or
    • Any other gambling winnings subject to federal income tax withholding.
  3. Generally, you report all gambling winnings on the “Other income” line of Form 1040, U.S. Federal Income Tax Return.
  4. You can claim your gambling losses up to the amount of your winnings on Schedule A, Itemized Deductions, under ‘Other Miscellaneous Deductions.’ You must report the full amount of your winnings as income and claim your allowable losses separately. You cannot reduce your gambling winnings by your gambling losses and report the difference. Your records should also show your winnings separately from your losses.
  5. Keep accurate records. If you are going to deduct gambling losses, you must have receipts, tickets, statements and documentation such as a diary or similar record of your losses and winnings.

For a free initial consultation regarding your tax issue contact Denny & Boulton, P.C. at:

Denny & Boulton, P.C. · 4020 N. 20th St., Ste. 217 · Phoenix, AZ 85016
Tel: (480) 382-4257 · Fax: (480) 447-6349

Download a PDF Copy of Five Important Tips on Gambling Income and Losses

Nine Facts about Capital Gains and Losses

sboulton · December 21, 2016 ·

The term “capital asset” for tax purposes applies to almost everything you own and use for personal or investment purposes. A capital gain or loss occurs when you sell a capital asset.

  1. Almost everything you own and use for personal purposes, pleasure or investment is a capital asset. Capital assets include your home, household furnishings, and stocks and bonds that you hold as investments.
  2. A capital gain or loss is the difference between your basis of an asset and the amount you receive when you sell it. Your basis is usually what you paid for the asset.
  3. You must include all capital gains in your income.
  4. You may deduct capital losses on the sale of investment property. You cannot deduct losses on the sale of personal-use property.
  5. Capital gains and losses are long-term or short-term, depending on how long you hold on to the property. If you hold the property more than one year, your capital gain or loss is long-term. If you hold it one year or less, the gain or loss is short-term.
  6. If your long-term gains exceed your long-term losses, the difference between the two is a net long-term capital gain. If your net long-term capital gain is more than your net short-term capital loss, you have a “net capital gain.”
  7. The tax rates that apply to net capital gains are generally lower than the tax rates that apply to other types of income. The maximum capital gains rate for most people is 15 percent. For lower-income individuals, the rate may be 0 percent on some or all of their net capital gains. Rates of 25 or 28 percent can also apply to special types of net capital gains.
  8. If your capital losses are greater than your capital gains, you can deduct the difference between the two on your tax return. The annual limit on this deduction is $3,000, or $1,500 if you are married filing separately.
  9. If your total net capital loss is more than the limit you can deduct, you can carry over the losses you are not able to deduct to next year’s tax return. You will treat those losses as if they occurred that year.

For a free initial consultation regarding your tax issue contact Denny & Boulton, P.C. at:

Denny & Boulton, P.C. · 4020 N. 20th St., Ste. 217 · Phoenix, AZ 85016
Tel: (480) 382-4257 · Fax: (480) 447-6349

Download a PDF Copy of Nine Facts about Capital Gains and Losses

An Annual Financial To-Do List

sboulton · December 21, 2016 ·

As the year is winding down, it’s time to get a move on the financial housekeeping you’ve been putting off. You’ll want to update important paperwork and retirement accounts and insurance coverage, and you should do these each and every year.

1. Wills and estates – don’t wait until you have a big life change like having a child to update a will and estate plan. Start by taking a look at your beneficiary designations and making sure your life insurance and retirement accounts will go to the intended recipients. Make sure your will or estate plan reflects any new assets you’ve obtained. Consider putting a financial power of attorney and medical power of attorney in place. These people can temporarily handle things if you are incapacitated.

2. Insurance policies – make sure you have suitable coverage and aren’t paying too much in premiums. If your family is more reliant on your income (say, one spouse is no longer working), consider boosting your life-insurance coverage. If you have a policy through your employer, since it’s often less expensive and you may not need a physical exam, consider increasing that coverage. Make sure you also review the coverage on your home by reviewing both the value of your home and the cost to rebuild. Also, if you inherited any antiques or valuable jewelry, you may need a separate rider to cover those items.

3. Investment accounts – make sure you’re keeping up with your contributions to your retirement account or a 529 college-savings plan. If you received a raise, consider boosting your contributions. If you reached the age of 50, you can start making catch-up contributions to your retirement plan or IRAs. Other than for Roth IRAs, owners who have reached the age of 70 ½ must begin taking required minimum distributions on an annual basis. If you don’t take the required distribution, the penalty can be as high as 50%.

4. Flexible spending accounts – don’t forget that if you don’t use up the tax-free money in a flexible-spending account by year-end, you lose it (some plans have a small grace period).

5. Charitable and family gifts – one smart gift is a low-basis stock. A non-profit can cash in the stock certificate for its full value and you won’t pay the capital gains tax.

For a free initial consultation regarding your tax issue contact Denny & Boulton, P.C. at:

Denny & Boulton, P.C. · 4020 N. 20th St., Ste. 217 · Phoenix, AZ 85016
Tel: (480) 382-4257 · Fax: (480) 447-6349

Download a PDF copy of An Annual Financial To-Do List

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Denny & Boulton, P.C. | Phoenix Tax Attorneys

DENNY & BOULTON, P.C.

4020 N. 20TH STREET
SUITE 217
PHOENIX, AZ 85016

PHONE: 480.382.4257

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