US Person liable for Self-employment tax if they are self-employed abroad.

Posted by Sanket Shah | Newsletters | Friday 7 September 2012 4:15 pm
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A new streamlined filing compliance procedures for non-resident U.S. taxpayers went into effect on September 1, 2012

Posted by Sanket Shah | General | Tuesday 4 September 2012 4:33 pm

Description of the New Streamlined Procedure

This streamlined procedure is designed for taxpayers that present a low compliance risk. All submissions will be reviewed by the IRS, but, the intensity of review will vary according to the level of compliance risk presented by the submission. For those taxpayers presenting low compliance risk, the review will be expedited and the IRS will not assert penalties or pursue follow-up actions. Submissions that present higher compliance risk are not eligible for the streamlined processing procedures and will be subject to a more thorough review and possibly a full examination, which in some cases may include more than three years, in a manner similar to opting out of the Offshore Voluntary Disclosure Program (OVDP).

Taxpayers utilizing this procedure will be required to file delinquent tax returns, with appropriate related information returns (e.g. Form 3520 or 5471), for the past three years and to file delinquent FBARs (Form TD F 90-22.1) for the past six years. Payment for the tax and interest, if applicable, must be remitted along with delinquent tax returns.

Eligibility

The eligibility requirement is on the questionnaire that a taxpayer must submit (see attached questionnaire by clicking on http://slidesha.re/OjdYpH)

The taxpayer qualifies only if each of the following questions answered No.

1. Have you resided in the U.S. for any period of time since January 1, 2009?
2. Have you filed a U.S. tax return for tax year 2009 or later?
3. Do you owe more than $1,500 in U.S. tax on any of the tax returns you are submitting through this program?
4. If you are submitting an amended return (Form 1040X) solely for the purpose of requesting a retroactive deferral of income on Form 8891, are there any adjustments reported on the amended return to income, deductions, credits or tax?

You can read further about the program and its instructions at http://1.usa.gov/PFp8VJ

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Tax implications in India and US on sale of property held by US person in India

Posted by Sanket Shah | Newsletters | Tuesday 7 August 2012 10:52 am

NEWSLETTER SYNOPSIS:
Do you own, plan to purchase
or anticipate to receive an
immovable property in India.
What are the tax implications in
India and US on sale of property
held by US person in India.

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Taxability of [Indian] PPF Interest in USA

Posted by Sanket Shah | Newsletters | Thursday 26 July 2012 5:52 pm
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Avoid double taxation on your 401 [k] & retirement accounts.

Posted by Sanket Shah | Newsletters | Thursday 26 July 2012 5:42 pm
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Who is required to file an US individual tax return

Posted by Sanket Shah | Newsletters | Thursday 26 July 2012 5:36 pm
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US citizens or Green Card holders residing in India – Your due date to file your 2011 US Individual Income tax return is June 15th 2012.

Posted by Sanket Shah | Newsletters | Thursday 26 July 2012 5:22 pm
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U.S. Tax Amnesty Program on a comeback with the IRS

Posted by Sanket Shah | Newsletters | Monday 23 July 2012 10:07 am
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U.S. Citizens and Resident Aliens Abroad – Automatic 2 Month Extension of Time to File

Posted by Sanket Shah | General | Saturday 31 March 2012 3:20 pm

Internal Revenue Services (“IRS”) has allowed U.S. Citizens and Resident Aliens Abroad an automatic 2 month extension of time to file their tax return and pay any federal income tax that is due.

You will be allowed the extension if you are a U.S. citizen or resident alien and on the regular due date of your return:

(i) You are living outside of the United States and Puerto Rico and your main place of business or post of duty is outside the United States and Puerto Rico, or

(ii) You are in military or naval service on duty outside the United States and Puerto Rico

If you use a calendar year, the regular due date of your return is April 15, and the automatic extended due date would be June 15.

In case of Married Taxpayers who are filing joint returns, either you or your spouse can qualify for the automatic extension. If you and your spouse file separate returns, this automatic extension applies only to the spouse who qualifies.

How To Get The Extension:
To use this automatic 2-month extension, you must attach a statement to your return explaining which of the two situations listed earlier qualified you for the extension.

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Signs you might get audited

Posted by Sanket Shah | General | Tuesday 13 March 2012 5:12 pm

Due to improved detection systems and computerized checks, the IRS can more easily identify red flags that trigger audits. It typically starts with a letter requesting more information and can lead to in-person meetings. It’s usually triggered by a tax return that contains something unusual, such as an above-average deduction or change in income from previous years. As long as the taxpayer can defend his filings with the proper paperwork and logic, they have nothing to worry about.

Here are some of the signs that you need to look into:

1. Making lot less money last year
The IRS looks out for any major changes in income, which can signify that a taxpayer is under-reporting his earnings. Since the IRS tracks historic data, people who suddenly start reporting much less income can be flagged for an audit.

2. Making too much money
Although the overall individual audit rate is about 1.11%, the odds increase dramatically for higher-income filers. IRS statistics show that people with incomes of $200,000 or higher had an audit rate of 3.93%, or one out of slightly more than every 25 returns. Report $1 million or more of income? There’s a one-in-eight chance your return will be audited. The audit rate drops significantly for filers making less than $200,000: Only 1.02% of such returns were audited during 2011, and the vast majority of these exams were conducted by mail. We’re not saying you should try to make less money — everyone wants to be a millionaire. Just understand that the more income shown on your return, the more likely it is that you’ll be hearing from the IRS.

3. Deductions above average
IRS keeps a track of average deduction in each category. The IRS looks for higher-than-average deductions in each category as a signal that things may not be right.

4. If you’re paid in cash
The IRS knows that you can more easily under report what you earn. If you’re honest about your own accounting you can avoid that audit or if audited, escape heavy fines and fees.

5. If you earn income from selling items online
If you own an online business and make a profit, make sure you report your income. Keep in mind that your selling or payment processing service, such as eBay or PayPal, is reporting sales and the IRS will notice if this income is missing on your tax return.

6. Failing to report all taxable income
Since employers send copies of all 1099 forms and W-2 forms to the IRS as well as to you, if you lose your version or forget to file it with your taxes, the IRS can flag your return for review. You want to make sure the information you provide to the IRS matches up with any other information they are receiving about you.

7. You work for yourself
It might not seem fair, but being self-employed can raise red flags for the IRS, especially if you claim your home office and other costs as business expenses but don’t earn much income. Keep careful track of all paperwork so you can defend any deductions and credits you take.

8. You claim losses from a hobby
While writing off business expenses can be legitimate, it’s illegal to pretend a hobby is a business and then write off the related expenses. For example, if you enjoy woodworking, you might practice the craft on the weekends for fun. Doing so does not enable you to write off the cost of wood and tools. (If you were selling those creations online, that would be a different story.)

9. Deducing home office (or car) expenses
While plenty of people can legitimately claim home office expenses on their taxes, some people do so incorrectly. Merely checking email from home after work, for example, does not justify a home office deduction. In order to qualify, the home office must be used for work only. Likewise, claiming a car as a business expense can also raise red flags. If you are doing this keep careful track of how much use of the car for business versus personal use.

10. You included expensive meals and entertainment costs among your deductions
The IRS often double-checks these types of claims to make sure they are legitimate business expenses.

11. Taking large charitable deductions
IRS is on the lookout for people who inflate their charitable donations, and that the agency takes a close look at taxpayers who say they donated $500 or just under, since anyone who donates more than that amount must file form 8283.

12. You maintain an overseas bank account
The IRS has added more reporting requirements this year for people with money in foreign accounts. Failing to report one could trigger an audit.

13. Your numbers don’t match
If numbers on various forms don’t match or add up correctly, the IRS is likely to notice and look into any disparities. So treat your taxes like a final exam in algebra and check over all the numbers before submitting.

Although there’s no sure way to avoid an IRS audit, you should be aware of red flags that could increase your chances of drawing unwanted attention from the IRS.

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