<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" media="screen" href="/~d/styles/rss2full.xsl"?><?xml-stylesheet type="text/css" media="screen" href="http://feeds.feedburner.com/~d/styles/itemcontent.css"?><rss xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:feedburner="http://rssnamespace.org/feedburner/ext/1.0" version="2.0">

<channel>
	<title>Hertsel Shadian, Attorney at Law, LLC</title>
	
	<link>http://www.shadianlaw.com</link>
	<description>Helping to resolve tax and business problems.</description>
	<lastBuildDate>Thu, 10 May 2012 16:10:59 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=</generator>
<xhtml:meta xmlns:xhtml="http://www.w3.org/1999/xhtml" name="robots" content="noindex" />
		<atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="self" type="application/rss+xml" href="http://feeds.feedburner.com/ShadianLaw" /><feedburner:info uri="shadianlaw" /><atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="hub" href="http://pubsubhubbub.appspot.com/" /><feedburner:emailServiceId>ShadianLaw</feedburner:emailServiceId><feedburner:feedburnerHostname>http://feedburner.google.com</feedburner:feedburnerHostname><item>
		<title>Six Facts for Adoptive Parents Claiming Federal Adoption Tax Credit</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/z0SGpTAKeDc/six-facts-for-adoptive-parents-claiming-federal-adoption-tax-credit</link>
		<comments>http://www.shadianlaw.com/six-facts-for-adoptive-parents-claiming-federal-adoption-tax-credit#comments</comments>
		<pubDate>Fri, 06 Apr 2012 13:00:19 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1489</guid>
		<description><![CDATA[If a taxpayer paid expenses to adopt an eligible child in 2011, that taxpayer may be able to claim a federal tax credit of up to $13,360 on his or her U.S. income tax return. This article sets out some facts taxpayers should know related to claiming the expanded adoption credit for federal income tax purposes]]></description>
			<content:encoded><![CDATA[<p>If you paid expenses to adopt an eligible child in 2011, you may be able to claim a federal tax credit of up to $13,360 on your U.S. income tax return. Here are six facts you should know related to claiming the expanded adoption credit for federal income tax purposes:</p>
<p><strong>1. Refundable Credit. </strong>The Affordable Care Act increased the amount of the credit and made it refundable, which means you can get the credit as a tax refund even after your tax liability has been reduced to zero.</p>
<p><strong>2. Filing.</strong> For tax year 2011, you must file a paper tax return, along with IRS Form 8839, Qualified Adoption Expenses (see links below for form and instructions), and also attach documents supporting the adoption. Taxpayers claiming the credit still will be able to use IRS Free File or other software to prepare their returns, but the returns must be printed and mailed to the IRS, along with all required documentation.</p>
<p><strong>3. Documents.</strong> Documents may include a final adoption decree, placement agreement from an authorized agency, court documents and/or the state’s determination for special needs children.</p>
<p><strong>4. Eligible Expenses.</strong> Qualified adoption expenses are reasonable and necessary expenses directly related to the legal adoption of the child. These expenses may include adoption fees, court costs, attorney fees and travel expenses.</p>
<p><strong>5. Eligible Child.</strong> An eligible child must be under 18 years old, or physically or mentally incapable of caring for himself or herself.</p>
<p><strong>6. Applicable AGI Limits.</strong> If your modified adjusted gross income is more than $185,210, your credit is reduced. If your modified AGI is $225,210 or more, you cannot take the credit.</p>
<p>For more information about the federal adoption credit, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Additional information also can be found on the IRS&#8217;s Adoption Credit FAQ page (see link below) at <strong><a title="Official IRS website" href="http://www.IRS.gov" target="_blank">www.IRS.gov</a></strong>, or in the instructions to IRS Form 8839 (link below), which form and instructions also can be downloaded from the IRS website directly or ordered from the IRS by calling 800-TAX-FORM (800-829-3676). Please also feel free to share this article with others that might benefit from this information.</p>
<p><strong>Links:</strong></p>
<ul>
<li><a title="IRS Form 8839" href="http://www.irs.gov/pub/irs-prior/f8839--2011.pdf" target="_blank"><strong>IRS Form 8839 (2011)</strong></a></li>
<li><a title="Instructions to IRS Form 8839" href="http://www.irs.gov/pub/irs-pdf/i8839.pdf" target="_blank"><strong>Instructions for IRS Form 8839</strong></a></li>
<li><strong><a title="IRS Article: Adoption Benefits FAQs" href="http://www.irs.gov/individuals/article/0,,id=231663,00.html" target="_blank">Adoption Benefits FAQs</a></strong></li>
<li><a title="IRS Publication 4903" href="http://www.irs.gov/pub/irs-pdf/p4903.pdf" target="_blank"><strong>IRS Publication 4903, Affordable Care Act Expands Adoption Tax Credit Flyer</strong></a></li>
</ul>
<p><strong>YouTube Video: </strong></p>
<ul>
<li><strong><em><a title="IRS YouTube Video: Claiming the Adoption Credit" href="http://www.youtube.com/watch?v=BJrCXlVzAp8" target="_blank">Claiming the Adoption Credit</a></em></strong></li>
</ul>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/z0SGpTAKeDc" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/six-facts-for-adoptive-parents-claiming-federal-adoption-tax-credit/feed</wfw:commentRss>
		<slash:comments>1</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/six-facts-for-adoptive-parents-claiming-federal-adoption-tax-credit</feedburner:origLink></item>
		<item>
		<title>Eight Essential Rules for Deducting Charitable Contributions</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/-v3FZL5hWX8/eight-essential-rules-for-deducting-charitable-contributions</link>
		<comments>http://www.shadianlaw.com/eight-essential-rules-for-deducting-charitable-contributions#comments</comments>
		<pubDate>Thu, 05 Apr 2012 13:00:36 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1476</guid>
		<description><![CDATA[Donations made to qualified organizations may help reduce the amount of tax you pay. This article provides a reminder of eight essential tips to help ensure your charitable contributions pay off on your tax return]]></description>
			<content:encoded><![CDATA[<p>Donations made to qualified organizations may help reduce the amount of tax you pay.  As a tax-time reminder, following are eight essential tips to help ensure your charitable contributions pay off on your tax return.</p>
<p>1. If your goal is a legitimate tax deduction, then you must be giving to a qualified organization. Also, you cannot deduct contributions made to specific individuals, political organizations or candidates. See <a title="IRS Publication 526, Charitable Contributions" href="http://www.irs.gov/pub/irs-pdf/p526.pdf" target="_blank"><strong>IRS Publication 526, Charitable Contributions</strong></a>, for rules on what constitutes a qualified organization.</p>
<p>2. To deduct a charitable contribution, you must file Form 1040 and itemize deductions on Schedule A. If your total deduction for all noncash contributions for the year is more than $500, you also must complete and attach <a title="IRS Form 8283, Noncash Charitable Contributions" href="http://www.irs.gov/pub/irs-pdf/f8283.pdf" target="_blank"><strong>IRS Form 8283, Noncash Charitable Contributions</strong></a>, to your return. (See also, <strong><a title="Instructions for Form 8283, Noncash Charitable Contributions" href="http://www.irs.gov/pub/irs-pdf/i8283.pdf" target="_blank">Instructions to Form 8283</a></strong>.)</p>
<p>3. If you receive a benefit because of your contribution—such as merchandise, tickets to a ball game, or other goods and services—then generally you can deduct only the amount that exceeds the fair market value of the benefit received.</p>
<p>4. Donations of stock or other non-cash property are usually valued at the fair market value of the property. Clothing and household items generally must be in good used condition or better to be deductible. Special rules apply to vehicle donations.</p>
<p>5. Fair market value generally is the price at which property would change hands between a willing buyer and a willing seller, neither having to buy or sell, and both having reasonable knowledge of all the relevant facts.</p>
<p>6. Regardless of the amount, to deduct a contribution of cash, check, or other monetary gift, you must maintain a bank record, payroll deduction records or a written communication from the organization containing the name of the organization and the date and amount of the contribution. For text message donations, a telephone bill meets the record-keeping requirement if it shows the name of the receiving organization, the date of the contribution and the amount given.</p>
<p>7. To claim a deduction for contributions of cash or property equaling $250 or more, you must have a bank record, payroll deduction records or a written acknowledgment from the qualified organization showing the amount of the cash, a description of any property contributed, and whether the organization provided any goods or services in exchange for the gift. One document may satisfy both the written communication requirement for monetary gifts and the written acknowledgement requirement for all contributions of $250 or more.</p>
<p>8. Taxpayers donating an item or a group of similar items valued at more than $5,000 also must complete Section B of Form 8283, which generally requires an appraisal by a qualified appraiser.</p>
<p>For more information on charitable contributions, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Taxpayers also can refer to <a title="IRS Form 8283, Noncash Charitable Contributions" href="http://www.irs.gov/pub/irs-pdf/f8283.pdf" target="_blank"><strong>IRS Form 8283, Noncash Charitable Contributions</strong></a> and the <strong><a title="Instructions for Form 8283, Noncash Charitable Contributions" href="http://www.irs.gov/pub/irs-pdf/i8283.pdf" target="_blank">Instructions to Form 8283</a></strong>, as well as <a title="IRS Publication 526, Charitable Contributions" href="http://www.irs.gov/pub/irs-pdf/p526.pdf" target="_blank"><strong>IRS Publication 526, Charitable Contributions</strong></a>. For information on determining the value of donations, refer to <a title="IRS Publication 561, Determining the Value of Donated Property" href="http://www.irs.gov/pub/irs-pdf/p561.pdf" target="_blank"><strong>IRS Publication 561, Determining the Value of Donated Property</strong></a>. All are available at the official IRS website at <strong><a title="Official IRS website" href="http://www.irs.gov" target="_blank">www.IRS.gov</a></strong> or by calling 800-TAX-FORM (800-829-3676). Please feel free to share this article with others that might benefit from this information.</p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/-v3FZL5hWX8" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/eight-essential-rules-for-deducting-charitable-contributions/feed</wfw:commentRss>
		<slash:comments>1</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/eight-essential-rules-for-deducting-charitable-contributions</feedburner:origLink></item>
		<item>
		<title>Tax Tips Related to Farm Income and Deductions</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/eZnjRdN8_eQ/tax-tips-related-to-farm-income-and-deductions</link>
		<comments>http://www.shadianlaw.com/tax-tips-related-to-farm-income-and-deductions#comments</comments>
		<pubDate>Tue, 03 Apr 2012 20:26:23 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1471</guid>
		<description><![CDATA[A taxpayer is in the business of farming if he or she cultivates, operates or manages a farm for profit, either as an owner or as a tenant. A farm includes livestock, dairy, poultry, fish, fruit and truck farms. A farm also includes plantations, ranches, ranges and orchards. This article sets out 10 key points for farmers in regard to federal income taxes]]></description>
			<content:encoded><![CDATA[<p>A taxpayer is in the business of farming if he or she cultivates, operates or manages a farm for profit, either as an owner or as a tenant. A farm includes livestock, dairy, poultry, fish, fruit and truck farms. A farm also includes plantations, ranches, ranges and orchards. Following are 10 key points for farmers in regard to federal income taxes.</p>
<p><strong>1. Crop insurance proceeds. </strong>Farmers must include in income any crop insurance proceeds which they receive as the result of crop damage. Farmers generally include those proceeds in the year they receive them.<br />
<strong>2. Sales caused by weather-related condition. </strong>If a farmer sells more livestock, including poultry, than he or she normally would in a year because of weather-related conditions, he or she may be able to postpone until the next year the reporting of the gain from selling the additional animals.<br />
<strong>3. Farm income averaging. </strong>Farmers may be able to average all or some of their current year&#8217;s farm income by allocating that income to the three prior years. This may lower a farmer&#8217;s current year tax if their current year income from farming is high, and their taxable income from one or more of the three prior years was low. This method does not change a prior year tax, it only uses the prior year information to determine a farmer&#8217;s current year tax.<br />
<strong>4. Deductible farm expenses. </strong>The ordinary and necessary costs of operating a farm for profit are deductible business expenses.  An ordinary expense is an expense that is common and accepted in the farming business. A necessary expense is one that is appropriate for the business.<br />
<strong>5. Employees and hired help. </strong>A farmer can deduct reasonable wages paid for labor hired to perform his or her farming operations. This includes full-time and part-time workers. Farmers must withhold Social Security, Medicare and income taxes for employees.<br />
<strong>6. Items purchased for resale. </strong>A farmer also may be able to deduct, in the year of the sale, the cost of items purchased for resale, including livestock and the freight charges for transporting livestock to the farm.<br />
<strong>7. Net operating losses. </strong>If a farmer&#8217;s deductible expenses from operating his or her farm are more than their other income for the year, the farmer may have a net operating loss. Like other taxpayers, farmers can carry that loss over to other years and deduct it. A farmer also may get a refund of part or all of the income tax he or she paid for past years, or may be able to reduce his or her tax in future years.<br />
<strong>8. Repayment of loans. </strong>A farmer cannot deduct the repayment of a loan if the loan proceeds are used for personal expenses. However, if the proceeds of the loan are used for the farming business, a farmer can deduct the interest that he or she pays on the loan.<br />
<strong>9. Fuel and road use. </strong>A farmer may be eligible to claim a credit or refund of federal excise taxes on fuel used on a farm for farming purposes.<br />
<strong>10. Farmers Tax Guide. </strong>More information about farm income and deductions is available in <strong><a title="IRS Publication 225, Farmer’s Tax Guide" href="http://www.irs.gov/pub/irs-pdf/p225.pdf" target="_blank">IRS Publication 225, Farmer’s Tax Guide</a></strong>, which is available at the official IRS website at <a title="Official IRS website" href="http://www.irs.gov" target="_blank"><strong> www.IRS.gov </strong></a>or by calling the IRS at 800-TAX-FORM (800-829-3676).</p>
<p>For more information about this topic, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Please also feel free to share this article with others that might benefit from this information.</p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/eZnjRdN8_eQ" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/tax-tips-related-to-farm-income-and-deductions/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/tax-tips-related-to-farm-income-and-deductions</feedburner:origLink></item>
		<item>
		<title>Tax Tips for U.S. Taxpayers with Foreign Income</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/uBZ7wL_rxz0/tax-tips-for-u-s-taxpayers-with-foreign-income</link>
		<comments>http://www.shadianlaw.com/tax-tips-for-u-s-taxpayers-with-foreign-income#comments</comments>
		<pubDate>Tue, 20 Mar 2012 20:51:22 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1457</guid>
		<description><![CDATA[U.S. citizens and resident aliens, including those with dual citizenship who have lived or worked abroad during all or part of 2011, might have a U.S. tax liability and a filing requirement in 2012. This article sets out some tips from the IRS for U.S. taxpayers with foreign income]]></description>
			<content:encoded><![CDATA[<p>U.S. citizens and resident aliens, including those with dual citizenship who have lived or worked abroad during all or part of 2011, might have a U.S. tax liability and a filing requirement in 2012. Following are some tips from the IRS for U.S. taxpayers with foreign income:</p>
<p><strong>1. Filing deadline.</strong> U.S. citizens and resident aliens residing overseas or those serving in the military outside the U.S. on the regular due date of their tax return have until June 15, 2012 to file their federal income tax return. To use this automatic two-month extension beyond the regular April 17, 2012 deadline, taxpayers must attach a statement to their return explaining which of the two situations above qualifies them for the extension.<br />
<strong>2. World-wide income. </strong>Federal law requires U.S. citizens and resident aliens to report any worldwide income, including income from foreign trusts and foreign bank and securities accounts.<br />
<strong>3. Tax forms. </strong>In most cases, affected taxpayers need to fill out and attach Schedule B, Interest and Ordinary Dividends, to their tax return. Certain taxpayers also might have to fill out and attach to their tax return the new <a title="IRS Form 8938" href="http://www.irs.gov/pub/irs-pdf/f8938.pdf" target="_blank"><strong>IRS Form 8938, Statement of Foreign Financial Assets</strong></a>. [See also, <a title="Instructions to Form 8938" href="http://www.irs.gov/pub/irs-pdf/i8938.pdf" target="_blank"><strong>Instructions to Form 8938</strong></a>]. In addition, some taxpayers also might have to file <a title="Form TD F 90-22.1" href="http://www.irs.gov/pub/irs-pdf/f90221.pdf" target="_blank"><strong>Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts</strong></a>, with the Treasury Department by June 30, 2012, to report amounts in foreign bank and financial accounts. Stiff penalties can apply for the failure to file the necessary forms.<br />
<strong>4. Foreign earned income exclusion. </strong>Many Americans who live and work abroad qualify for the foreign earned income exclusion. If you qualify for tax year 2011, this exclusion enables you to exempt up to $92,900 of wages and other foreign earned income from U.S. tax.<br />
<strong>5. Credits and deductions. </strong>You may be able to take either a credit or a deduction for income taxes paid to a foreign country or a U.S. possession. This benefit is designed to lessen the tax burden that results when both the U.S. and another country tax income from that country.<br />
<strong>6. Free File. </strong>Taxpayers abroad now also can use IRS Free File. This means U.S. citizens and resident aliens living abroad with adjusted gross income of $57,000 or less can use brand-name software to prepare their returns and then electronically file them for free.<br />
<strong>7. Tax help. </strong>If you live outside the U.S., the IRS has full-time permanent staff in four U.S. embassies and consulates. A list is available on the official IRS Website (<strong><a title="Official IRS website" href="http://www.irs.gov" target="_blank">www.IRS.gov</a></strong>) in the &#8220;Contact Your Local Office Section,&#8221; under <em>International</em>. These offices have tax forms and publications that can help you with filing issues and answer your questions about notices and bills.</p>
<p>For more information about this topic, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. More information also is available in <strong><a title="IRS Publication 4261" href="http://www.irs.gov/pub/irs-pdf/p4261.pdf" target="_blank">IRS Publication 4261, Do You Have a Foreign Financial Account?</a></strong> IRS publications, forms and more information on topics useful to individual international taxpayers can be found on the <em>International Taxpayer</em> page on the IRS website. Please feel free to share this article with others that might benefit from this information.</p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/uBZ7wL_rxz0" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/tax-tips-for-u-s-taxpayers-with-foreign-income/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/tax-tips-for-u-s-taxpayers-with-foreign-income</feedburner:origLink></item>
		<item>
		<title>IRS Announces Voluntary Worker Classification Settlement Program</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/npm5HaD46QA/irs-announces-voluntary-worker-classification-settlement-program</link>
		<comments>http://www.shadianlaw.com/irs-announces-voluntary-worker-classification-settlement-program#comments</comments>
		<pubDate>Sun, 26 Feb 2012 22:48:39 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1444</guid>
		<description><![CDATA[As announced in the latter part of 2011, the Internal Revenue Service (IRS) has developed a new program to permit taxpayers to voluntarily reclassify workers as employees for federal employment tax purposes. The Voluntary Classification Settlement Program (VCSP) allows eligible taxpayers to voluntarily reclassify their workers for federal employment tax purposes and obtain relief similar to that obtained in the current Classification Settlement Program. The VCSP is optional and provides taxpayers with an opportunity to voluntarily reclassify their workers as employees for future tax periods with limited federal employment tax liability for the past nonemployee treatment]]></description>
			<content:encoded><![CDATA[<p>As announced in the latter part of 2011, the Internal Revenue Service (IRS) has developed a new program to permit taxpayers to voluntarily reclassify workers as employees for federal employment tax purposes. The Voluntary Classification Settlement Program (VCSP) allows eligible taxpayers to voluntarily reclassify their workers for federal employment tax purposes and obtain relief similar to that obtained in the existing Classification Settlement Program (CSP). The VCSP is optional and provides taxpayers with an opportunity to voluntarily reclassify their workers as employees for future tax periods with limited federal employment tax liability for the past non-employee treatment. To participate in the program, the taxpayer must meet certain eligibility requirements, apply to participate in VCSP, and enter into a closing agreement with the IRS.</p>
<div>I. BACKGROUND</div>
<p>Whether a worker is performing services as an employee or as an independent contractor depends upon the facts and circumstances and is generally determined under the common law test of whether the service recipient has the right to direct and control the worker as to how to perform the services. In some factual situations, the determination of the proper worker classification status under the common law may not be clear. For taxpayers under IRS examination, the current CSP is available to resolve federal employment tax issues related to worker misclassification, if certain criteria are met. The examination CSP permits the prospective reclassification of workers as employees, with reduced federal employment tax liabilities for past non-employee treatment. The CSP allows business and tax examiners to resolve the worker classification issues as early in the administrative process as possible, thereby reducing taxpayer burden and providing efficiencies for both the taxpayer and the government.</p>
<p>In order to facilitate voluntary resolution of worker classification issues and achieve the resulting benefits of increased tax compliance and certainty for taxpayers, workers and the government, the IRS determined that it would be beneficial to provide taxpayers with a program that allows for voluntary reclassification of workers as employees outside of the examination context and without the need to go through normal administrative correction procedures applicable to employment taxes.</p>
<div>II. ELIGIBILITY</div>
<p>The VCSP is available for taxpayers who want to voluntarily change the prospective classification of their workers. The program applies to taxpayers who are currently treating their workers (or a class or group of workers) as independent contractors or other non-employees and want to prospectively treat the workers as employees. To be eligible, a taxpayer must have consistently treated the workers as non-employees, and must have filed all required Forms 1099 for the workers for the previous three years. The taxpayer cannot currently be under audit by the IRS. Furthermore, the taxpayer cannot be currently under audit concerning the classification of the workers by the Department of Labor or by a state government agency. A taxpayer who was previously audited by the IRS or the Department of Labor concerning the classification of the workers will only be eligible if the taxpayer has complied with the results of that audit.</p>
<div>III. EFFECT OF VCSP</div>
<p>A taxpayer who participates in the VCSP will agree to prospectively treat the class of workers as employees for future tax periods. In exchange, the taxpayer (1) will pay 10 percent of the employment tax liability that may have been due on compensation paid to the workers for the most recent tax year, determined under the reduced rates of section 3509 of the Internal Revenue Code; (2) will <span style="text-decoration: underline;">not</span> be liable for any interest and penalties on the liability; and (3) will <span style="text-decoration: underline;">not</span> be subject to an employment tax audit with respect to the worker classification of the workers for prior years. Additionally, a taxpayer participating in the VCSP will agree to extend the period of limitations on assessment of employment taxes for three years for the first, second and third calendar years beginning after the date on which the taxpayer has agreed under the VCSP closing agreement to begin treating the workers as employees.</p>
<div>IV. APPLICATION PROCESS</div>
<p>Eligible taxpayers who wish to participate in the VCSP must submit an application for participation in the program. Information about the VCSP and the application now is available on the official IRS website at <a title="Official IRS website" href="http://www.IRS.gov" target="_blank"><strong>www.IRS.gov</strong></a><em>.</em> Taxpayers should use <a title="IRS Form 8952" href="http://www.irs.gov/pub/irs-pdf/f8952.pdf" target="_blank"><strong>IRS Form 8952</strong></a> to apply for the Voluntary Classification Settlement Program. For more information, see the following link: <strong><a title="Form 8952 Instructions" href="http://www.irs.gov/instructions/i8952/ch01.html" target="_blank">Instructions for Completion of Form 8952</a></strong>. Along with the application, the name of a contact or an authorized representative with a valid <em>Power of Attorney</em> (Form 2848) should be provided. The IRS will contact the taxpayer or authorized representative to complete the process once it has reviewed the application and verified the taxpayer&#8217;s eligibility. The IRS retains discretion whether to accept a taxpayer&#8217;s application for the VCSP. Taxpayers whose application has been accepted will enter into a closing agreement with the IRS to finalize the terms of the VCSP and will simultaneously make full and complete payment of any amount due under the closing agreement. <strong>Payment should not be enclosed with the application.</strong></p>
<p>For further information about this IRS program or other employment or business tax issues, contact your professional tax advisor, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Please also feel free to share this article with others that might benefit from this information.</p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/npm5HaD46QA" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/irs-announces-voluntary-worker-classification-settlement-program/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/irs-announces-voluntary-worker-classification-settlement-program</feedburner:origLink></item>
		<item>
		<title>IRS Releases Guidance on How to Claim Expanded Veterans Tax Credit</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/4mUL4TjF4TA/irs-releases-guidance-on-how-to-claim-expanded-veterans-tax-credit</link>
		<comments>http://www.shadianlaw.com/irs-releases-guidance-on-how-to-claim-expanded-veterans-tax-credit#comments</comments>
		<pubDate>Thu, 09 Feb 2012 22:10:00 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1430</guid>
		<description><![CDATA[The IRS has released guidance and forms that employers can use to claim the newly-expanded tax credit for hiring veterans under the VOW to Hire Heroes Act of 2011, enacted Nov. 21, 2011. The 2011 Act provides an expanded Work Opportunity Tax Credit (WOTC) to businesses that hire eligible unemployed veterans and for the first time also makes the credit available to certain tax-exempt organizations. The IRS also announced that employers will have more time to file the required certification form for employees hired on or after November 22, 2011, and before May 22, ]]></description>
			<content:encoded><![CDATA[<div>The IRS today released guidance and forms that employers can use to claim the newly-expanded tax credit for hiring veterans. The IRS also announced that employers will have more time to file the required certification form for employees hired on or after November 22, 2011, and before May 22, 2012. The VOW to Hire Heroes Act of 2011, enacted Nov. 21, 2011, provides an expanded Work Opportunity Tax Credit (WOTC) to businesses that hire eligible unemployed veterans and for the first time also makes the credit available to certain tax-exempt organizations. The credit can be as high as $9,600 per veteran for for-profit employers or up to $6,240 for tax-exempt organizations. The amount of the credit depends on a number of factors, including the length of the veteran’s unemployment before hire, hours a veteran works and the amount of first-year wages paid. Employers who hire veterans with service-related disabilities may be eligible for the maximum credit. Normally, an eligible employer must file Form 8850 with the state workforce agency within 28 days after the eligible worker begins work. But according to the new guidance, employers have until June 19, 2012, to complete and file this newly-revised form for veterans hired on or after Nov. 22, 2011, and before May 22, 2012. The 28-day rule will again apply to eligible veterans hired on or after May 22, 2012.</div>
<p>Also, in an effort to streamline the certification requirements, IRS clarified and expanded upon 2002 guidance to facilitate employers’ use of electronic signatures when gathering the Form 8850 for transmission to state workforce agencies. The guidance confirms that employers can transmit the Form 8850 electronically, and also allows employers to transmit the Form 8850 via facsimile, subject to the ability of the state workforce agencies to accept submissions in those formats. The IRS expects the Department of Labor to issue further guidance to the state workforce agencies providing further clarification.</p>
<p>IRS <strong><a title="IRS Notice 2012-13" href="http://www.irs.gov/pub/irs-drop/n-12-13.pdf" target="_blank">Notice 2012-13</a></strong>, posted today on<strong> <a title="Official IRS website" href="http://www.IRS.gov" target="_blank">www.IRS.gov</a></strong>, and the<strong> <a title="Instructions to IRS Form 8850" href="http://www.irs.gov/pub/irs-pdf/i8850.pdf" target="_blank">instructions</a></strong> for<strong> <a title="IRS Form 8850" href="http://www.irs.gov/pub/irs-pdf/f8850.pdf" target="_blank">Form 8850</a></strong> provide further details. Businesses claim the credit on their income tax return. The credit is first figured on<strong> <a title="IRS Form 5884" href="http://www.irs.gov/pub/irs-pdf/f5884.pdf" target="_blank">Form 5884</a></strong> and then becomes a part of the general business credit claimed on<strong> <a title="IRS Form 3800" href="http://www.irs.gov/pub/irs-pdf/f3800.pdf" target="_blank">Form 3800</a></strong>. This credit is also available to certain tax-exempt organizations by filing<strong> <a title="IRS Form 5884-C" href="http://www.irs.gov/pub/irs-pdf/f5884c.pdf" target="_blank">Form 5884-C</a></strong>. The guidance released today also provides instructions and a new set of forms for tax-exempt organizations to claim the credit.</p>
<p>For more information, including how to claim the credit, call your professional tax advisor or tax preparer, or go to the official IRS website at <strong><a title="Official IRS website" href="http://www.IRS.gov" target="_blank">www.IRS.gov</a></strong>, or click <strong><a title="IRS Article, Expanded Work Opportunity Tax Credit Available for Hiring Qualified Veterans" href="http://www.irs.gov/businesses/small/article/0,,id=253949,00.html" target="_blank"> here [Expanded Work Opportunity Tax Credit Available for Hiring Qualified Veterans]</a></strong> to read an expanded IRS article on this issue. Please also feel free to forward this article to others that might benefit from this information.</p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/4mUL4TjF4TA" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/irs-releases-guidance-on-how-to-claim-expanded-veterans-tax-credit/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/irs-releases-guidance-on-how-to-claim-expanded-veterans-tax-credit</feedburner:origLink></item>
		<item>
		<title>What to Do If You Are Missing a W-2</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/h6CbKuD9uHA/what-to-do-if-you-are-missing-a-w-2-2</link>
		<comments>http://www.shadianlaw.com/what-to-do-if-you-are-missing-a-w-2-2#comments</comments>
		<pubDate>Thu, 02 Feb 2012 20:00:36 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1421</guid>
		<description><![CDATA[Before you file your 2011 tax return, make sure you have all the needed documents, including all your Forms W-2. You should receive an IRS Form W-2, "Wage and Tax Statement," from each of your employers. Employers have until Jan. 31, 2012 to issue your 2011 Form W-2 earnings statement. If you haven’t received your W-2, the IRS suggests that you follow the four steps set out in this article]]></description>
			<content:encoded><![CDATA[<p>Before you file your 2011 tax return, make sure you have all the needed documents, including all your Forms W-2. You should receive an IRS Form W-2, &#8220;Wage and Tax Statement,&#8221; from each of your employers. Employers have until Jan. 31, 2012 to issue your 2011 Form W-2 earnings statement.</p>
<p>If you haven’t received your W-2, the IRS suggests that you follow these four steps:</p>
<p><strong>1. Contact your employer </strong> If you have not received your W-2, contact your employer to inquire if and when the W-2 was mailed.  If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address.  After contacting the employer, allow a reasonable amount of time for them to resend or issue the W-2.</p>
<p><strong>2. Contact the IRS</strong>  If you do not receive your W-2 by Feb. 14, contact the IRS for assistance at 800-829-1040. When you call, you must provide your name, address, Social Security number, phone number and have the following information:</p>
<ul>
<li>
<div style="padding-left: 30px;">Employer’s name, address and phone number</div>
</li>
<li>
<div style="padding-left: 30px;">Dates of employment</div>
</li>
<li>
<div style="padding-left: 30px;">An estimate of the wages you earned, the federal income tax withheld, and when you worked for that employer during 2011. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.</div>
</li>
</ul>
<p><strong>3. File your return </strong> You still must file your tax return or request an extension to file by April 17, 2012, even if you do not receive your Form W-2. If you have not received your Form W-2 in time to file your return by the due date, and have completed steps 1 and 2, you may use IRS Form 4852, &#8220;Substitute for Form W-2, Wage and Tax Statement&#8221; (see link below). Attach Form 4852 to the return, with an estimate of income and withholding taxes which is as accurate as possible.  There may be a delay in any refund due while the information is verified.</p>
<p><strong>4. File a Form 1040X</strong>  On occasion, you may receive your missing W-2 after you file your return using Form 4852, and the information may be different from what you reported on your return. If this happens, you must amend your return by filing an IRS Form 1040X, &#8220;Amended U.S. Individual Income Tax Return&#8221; (see link below). Form 4852, Form 1040X and instructions also are available on the IRS&#8217;s official website at <strong><a title="Official IRS website" href="http://www.IRS.gov" target="_blank">www.IRS.gov</a></strong>, or by calling 800-TAX-FORM (800-829-3676).</p>
<p>Links to brief IRS prepared YouTube videos (in English, Spanish and ASL) about this topic are included below. For more information, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Please also share this article with others that might benefit from this information.</p>
<p><strong>Links:</strong></p>
<ul>
<li><strong><a title="IRS Form 4852" href="http://www.irs.gov/pub/irs-pdf/f4852.pdf" target="_blank">Form 4852</a>, Substitute for Form W-2, Wage and Tax Statement</strong></li>
<li><strong><a title="IRS Form 1040X" href="http://www.irs.gov/pub/irs-pdf/f1040x.pdf" target="_blank">Form 1040X</a>, Amended U.S. Individual Income Tax Return and <a title="Instructions to IRS Form 1040X" href="http://www.irs.gov/pub/irs-pdf/i1040x.pdf" target="_blank">instructions</a></strong></li>
</ul>
<p><strong>YouTube Videos:</strong></p>
<p style="padding-left: 30px;"><strong><em>W-2 Missing? <a title="W-2 Missing?" href="http://www.youtube.com/watch?v=VRRzUpBJLKI" target="_blank">English</a> | <a title="W-2 Missing? (Spanish Language)" href="http://www.youtube.com/watch?v=Uv2SOb1aGDw" target="_blank">Spanish</a> | <a title="W-2 Missing? (ASL)" href="http://www.youtube.com/watch?v=5tnhCS4WH78" target="_blank">ASL</a></em></strong></p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/h6CbKuD9uHA" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/what-to-do-if-you-are-missing-a-w-2-2/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/what-to-do-if-you-are-missing-a-w-2-2</feedburner:origLink></item>
		<item>
		<title>Tax Tips for the Self-employed</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/Dffqc0__GHc/tax-tips-for-the-self-employed</link>
		<comments>http://www.shadianlaw.com/tax-tips-for-the-self-employed#comments</comments>
		<pubDate>Wed, 25 Jan 2012 18:32:41 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1415</guid>
		<description><![CDATA[If you work for yourself, as an independent contractor, or you carry on a trade or business as a sole proprietor, you generally are considered to be self-employed. This article briefly sets out six basic but key points you should know about self-employment and self-employment taxes]]></description>
			<content:encoded><![CDATA[<p>There are many benefits that come from being your own boss. If you work for yourself, as an independent contractor, or you carry on a trade or business as a sole proprietor, you generally are considered to be self-employed. Following are six key points you should know about self-employment and self-employment taxes, some of which might be basic, but nonetheless will serve as a handy reminder:</p>
<p>1. Self-employment can include work in addition to your regular full-time business activities, such as part-time work you do at home or in addition to your regular job.</p>
<p>2. If you are self-employed you generally have to pay self-employment tax as well as income tax. Self-employment tax is a Social Security and Medicare tax primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. You can calculate self-employment tax using a Form 1040 Schedule SE. Also, you can deduct half of your self-employment tax when you calculate your adjusted gross income.</p>
<p>3. If you are self-employed you might have to make estimated tax payments. This applies even if you also have a full-time or part-time job and your employer withholds taxes from your wages. Estimated tax is the method used to pay tax on income that is not subject to withholding. If you fail to make quarterly payments you may be penalized for underpayment at the end of the tax year.</p>
<p>4. You can deduct the costs of running your business or which otherwise are related to the income earned from the business. These costs are known as business expenses. These are costs you do not have to capitalize or include in the cost of goods sold, but rather can deduct in the current year.</p>
<p>5. To be deductible, the IRS requires that a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be indispensable to be considered necessary.</p>
<p>6. To report income and deductible expenses from self-employment, including possible net business losses, you need to file an IRS Schedule C, Profit or Loss from Business, or IRS Schedule C-EZ, Net Profit from Business, with your Form 1040.</p>
<p>For more information about self-employment income and self-employment taxes, contact your professional tax preparer or tax advisor, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Additional information also is available from the IRS Self-employment Tax Center, and from IRS Publication 334, &#8220;Tax Guide for Small Business,&#8221; IRS Publication 535, &#8220;Business Expenses,&#8221; and IRS Publication 505, &#8220;Tax Withholding and Estimated Tax,&#8221; all available at the official IRS website at <strong><a title="Official IRS website" href="http://www.irs.gov" target="_blank">www.IRS.gov</a></strong> or by calling the IRS forms and publications order line at 800-TAX-FORM (800-829-3676), or by just clicking on the links below. Please feel free to share this article with others that might benefit from this information and the attached links.</p>
<p><strong>Links:</strong></p>
<ul>
<li><strong><a title="Publication 334, Tax Guide for Small Business" href="http://www.irs.gov/pub/irs-pdf/p334.pdf" target="_blank">Publication 334</a>, Tax Guide for Small Business</strong></li>
<li><strong><a title="Publication 535, Business Expenses" href="http://www.irs.gov/pub/irs-pdf/p535.pdf" target="_blank">Publication 535</a>, Business Expenses</strong></li>
<li><strong><a title="Publication 505, Tax Withholding and Estimated Tax" href="http://www.irs.gov/pub/irs-pdf/p505.pdf" target="_blank">Publication 505</a>, Tax Withholding and Estimated Tax</strong></li>
<li><strong><a title="Schedule C, Profit or Loss from Business and instructions" href="http://www.irs.gov/pub/irs-pdf/f1040sc.pdf" target="_blank">Schedule C</a>, Profit or Loss from Business and instructions</strong></li>
<li><strong><a title="Schedule C-EZ, Net Profit from Business" href="http://www.irs.gov/pub/irs-pdf/f1040sce.pdf" target="_blank">Schedule C-EZ</a>, Net Profit from Business</strong></li>
<li><strong><a title="Schedule SE, Self-Employment Tax" href="http://www.irs.gov/pub/irs-pdf/f1040sse.pdf" target="_blank">Schedule SE</a>, Self-Employment Tax and <a title="Schedule SE, Self-Employment Tax, instructions" href="http://www.irs.gov/pub/irs-pdf/i1040sse.pdf" target="_blank">instructions</a></strong></li>
<li><strong><a title="Form 1040-ES, Estimated Tax for Individuals" href="http://www.irs.gov/pub/irs-pdf/f1040es.pdf" target="_blank">Form 1040-ES</a>, Estimated Tax for Individuals</strong></li>
</ul>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/Dffqc0__GHc" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/tax-tips-for-the-self-employed/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/tax-tips-for-the-self-employed</feedburner:origLink></item>
		<item>
		<title>Six Year-End Tips to Reduce 2011 Taxes</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/m_VTnVo6qz8/six-year-end-tips-to-reduce-2011-taxes</link>
		<comments>http://www.shadianlaw.com/six-year-end-tips-to-reduce-2011-taxes#comments</comments>
		<pubDate>Wed, 28 Dec 2011 19:27:28 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1410</guid>
		<description><![CDATA[The IRS recently reminded all taxpayers that with the New Year fast approaching, there is still time for you to take steps that can lower your 2011 taxes. However, you usually need to take action no later than Dec. 31 in order to claim certain tax benefits. This article sets out six tax-saving tips for you to consider before the calendar turns to ]]></description>
			<content:encoded><![CDATA[<p>The IRS recently reminded all taxpayers that with the New Year fast approaching, there is still time for you to take steps that can lower your 2011 taxes. However, you usually need to take action no later than Dec. 31 in order to claim certain tax benefits. Here are six tax-saving tips for you to consider before the calendar turns to 2012:</p>
<p><strong>1. Make Charitable Contributions </strong>– If you itemize deductions, your donations must be made to qualified charities no later than Dec. 31 to be deductible for 2011. You must have a canceled check, a bank statement, credit card statement or a written statement from the charity, showing the name of the charity and the date and amount of the contribution for all cash donations. Donations charged to a credit card by Dec. 31 are deductible for 2011, even if the bill isn&#8217;t paid until 2012. If you donate clothing or household items, they must be in good used condition or better to be deductible. (For a fuller discussion, see the related article, <strong><a title="Tax Tips for Year-End Giving" href="http://www.shadianlaw.com/tax-tips-for-year-end-giving" target="_blank">Tax Tips for Year-End Giving</a></strong>.)</p>
<p><strong>2. Install Energy-Efficient Home Improvements </strong>– You still have time this year to make energy-saving and green-energy home improvements and qualify for either of two home energy credits. Installing energy efficient improvements such as insulation, new windows and water heaters to your main home can provide up to $500 in tax savings. Homeowners going green should also check out the Residential Energy Efficient Property Credit, designed to spur investment in alternative energy equipment. The credit equals 30 percent of the cost of qualifying solar, wind, geothermal, or heat pump property. For details see Special Edition Tax Tip 2011-08, Home Energy Credits Still Available for 2011 on the <strong><a title="Official IRS Website" href="http://www.IRS.gov" target="_blank">www.IRS.gov</a></strong> website (see link to article below).</p>
<p><strong>3. Consider a Portfolio Adjustment – </strong>Check your investments for gains and losses and consider sales by Dec. 31. You may normally deduct capital losses up to the amount of capital gains, plus $3,000 from other income. If your net capital losses are more than $3,000, the excess can be carried forward and deducted in future years.</p>
<p><strong>4. Contribute the Maximum to Retirement Accounts – </strong>Elective deferrals you make to employer-sponsored 401(k) plans or similar workplace retirement programs for 2011 must be made by Dec. 31. However, you have until April 17, 2012, to set up a new IRA or add money to an existing IRA and still have it count for 2011. You normally can contribute up to $5,000 to a traditional or Roth IRA, and up to $6,000 if age 50 or over. The Saver’s Credit, also known as the Retirement Savings Contribution Credit, is also available to low- and moderate-income workers who voluntarily contribute to an IRA or workplace retirement plan. The maximum Saver’s Credit is $1,000, and $2,000 for married couples, but the amount allowed could be reduced or eliminated for some taxpayers in part because of the impact of other deductions and credits.</p>
<p><strong>5. Make a Qualified Charitable Distribution – </strong>If you are age 70½ or over, the qualified charitable distribution (QCD) allows you to make a distribution paid directly from your individual retirement account to a qualified charity, and exclude the amount from gross income. The maximum annual exclusion for QCDs is $100,000. The excluded amount can be used to satisfy any required minimum distributions that the individual must otherwise receive from their IRAs in 2011. This benefit is available even if you do not itemize deductions.</p>
<p><strong>6. Don&#8217;t Overlook the Small Business Health Care Tax Credit –</strong> If you are a small employer who pays at least half of your employee health insurance premiums, you may qualify for a tax credit of up to 35 percent of the premiums paid. An employer with fewer than 25 full-time employees who pays an average wage of less than $50,000 a year may qualify. For more information see the Small Business Health Care Tax Credit page on IRS.gov.</p>
<p>And here is one final tip to remember: you should always save receipts and records related to your taxes. Good record-keeping is a must because you need records to prepare your tax return, and it will help you to file quickly and accurately next year.</p>
<p>For more year-end tax information and to access all IRS forms and publications, visit the IRS website at <strong><a title="Official IRS website" href="http://www.irs.gov" target="_blank">www.IRS.gov</a></strong>. For additional information and assistance, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Please also forward this article to others that can benefit from this information.</p>
<p><strong>Additional Links:</strong></p>
<ul>
<li><strong>Publication 526, <a title="IRS Publication 526" href="http://www.irs.gov/publications/p526/index.html" target="_blank">Charitable Contributions</a></strong></li>
<li><strong>Special Edition Tax Tip 2011-08, <a title="IRS Article" href="http://www.irs.gov/newsroom/article/0,,id=249922,00.html" target="_blank">Home Energy Credits Still Available for 2011</a></strong></li>
<li><strong>Publication 590, <a title="Publication 590" href="http://www.irs.gov/publications/p590/index.html" target="_blank">Individual Retirement Arrangements (IRAs)</a> </strong></li>
<li><strong>Publication 550, <a title="Publication 550" href="http://www.irs.gov/publications/p550/index.html" target="_blank">Investment Income and Expenses</a></strong></li>
<li><strong>Retirement Topics, <a title="IRS Article" href="http://www.irs.gov/retirement/participant/article/0,,id=211334,00.html" target="_blank">401(k) and Profit-Sharing Plan Contribution Limits</a></strong></li>
<li><strong><a title="IRS Article" href="http://www.irs.gov/newsroom/article/0,,id=223666,00.html?portlet=108" target="_blank">Small Business Health Care Tax Credit for Small Employers</a></strong></li>
</ul>
<p><strong>YouTube Videos:</strong></p>
<p>Year-End Tax Tips &#8211; December 2011 <a title="IRS YouTube Video" href="http://www.youtube.com/watch?v=EsEk4CxUx6Y" target="_blank">English</a> | <a title="IRS YouTube Video" href="http://www.youtube.com/watch?v=skuImaI41kE" target="_blank">Spanish</a> | <a title="IRS YouTube Video" href="http://www.youtube.com/watch?v=On19xLN2VpQ" target="_blank">ASL</a></p>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/m_VTnVo6qz8" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/six-year-end-tips-to-reduce-2011-taxes/feed</wfw:commentRss>
		<slash:comments>0</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/six-year-end-tips-to-reduce-2011-taxes</feedburner:origLink></item>
		<item>
		<title>Tax Tips for Year-End Giving</title>
		<link>http://feedproxy.google.com/~r/ShadianLaw/~3/Ix6FDr_JV9M/tax-tips-for-year-end-giving</link>
		<comments>http://www.shadianlaw.com/tax-tips-for-year-end-giving#comments</comments>
		<pubDate>Wed, 28 Dec 2011 18:48:03 +0000</pubDate>
		<dc:creator>Hertsel Shadian</dc:creator>
				<category><![CDATA[IRS/Tax Articles]]></category>

		<guid isPermaLink="false">http://www.shadianlaw.com/?p=1393</guid>
		<description><![CDATA[Individuals and businesses making contributions to charity should keep in mind several important tax law provisions that have taken effect in recent years. Read this article for more information]]></description>
			<content:encoded><![CDATA[<p>Individuals and businesses making contributions to charity should keep in mind several important tax law provisions that have taken effect in recent years. Some of these changes include the following:</p>
<p><strong>Special Charitable Contributions for Certain IRA Owners</strong></p>
<p>This provision, currently scheduled to expire at the end of 2011, offers older owners of individual retirement accounts (IRAs) a different way to give to charity. An IRA owner, age 70½ or over, can directly transfer tax-free up to $100,000 per year to an eligible charity. This option, created in 2006, is available for distributions from IRAs, regardless of whether the owners itemize their deductions. Distributions from employer-sponsored retirement plans, including SIMPLE IRAs and simplified employee pension (SEP) plans, are not eligible.</p>
<p>To qualify, the funds must be contributed directly by the IRA trustee to the eligible charity. Amounts so transferred are not taxable and no deduction is available for the transfer. Not all charities are eligible. For example, donor-advised funds and supporting organizations are not eligible recipients.</p>
<p>Amounts transferred to a charity from an IRA are counted in determining whether the owner has met the IRA’s required minimum distribution. Where individuals have made nondeductible contributions to their traditional IRAs, a special rule treats transferred amounts as coming first from taxable funds, instead of proportionately from taxable and nontaxable funds, as would be the case with regular distributions. See <strong><a title="IRS Publication 590" href="http://www.irs.gov/pub/irs-pdf/p590.pdf" target="_blank">Publication 590</a>, Individual Retirement Arrangements (IRAs)</strong>, for more information on <strong><a href="http://www.irs.gov/publications/p590/ch01.html#en_US_publink10006362" target="_blank">qualified charitable distributions</a>.</strong></p>
<p><strong>Rules for Clothing and Household Items</strong></p>
<p>To be deductible, clothing and household items donated to charity generally must be in good used condition or better. A clothing or household item for which a taxpayer claims a deduction of over $500 does not have to meet this standard if the taxpayer includes a qualified appraisal of the item with the return. Household items include furniture, furnishings, electronics, appliances and linens.</p>
<p><strong>Guidelines for Monetary Donations</strong></p>
<p>To deduct any charitable donation of money, regardless of amount, a taxpayer must have a bank record or a written communication from the charity showing the name of the charity and the date and amount of the contribution. Bank records include canceled checks, bank or credit union statements, and credit card statements. Bank or credit union statements should show the name of the charity, the date, and the amount paid. Credit card statements should show the name of the charity, the date, and the transaction posting date.</p>
<p>Donations of money include those made in cash or by check, electronic funds transfer, credit card and payroll deduction. For payroll deductions, the taxpayer should retain a pay stub, a Form W-2 wage statement or other document furnished by the employer showing the total amount withheld for charity, along with the pledge card showing the name of the charity.</p>
<p>These requirements for the deduction of monetary donations do not change the long-standing requirement that a taxpayer obtain an acknowledgment from a charity for each deductible donation (either money or property) of $250 or more. However, one statement containing all of the required information may meet both requirements.</p>
<p><strong>Reminders</strong></p>
<p>To help taxpayers plan their holiday-season and year-end giving, following are some additional reminders:</p>
<ul>
<li>Contributions are deductible in the year made. Thus, donations charged to a credit card before the end of 2011 count for 2011. This is true even if the credit card bill isn’t paid until 2012. Also, checks count for 2011 as long as they are mailed in 2011.</li>
<li>Check that the organization is qualified. Only donations to qualified organizations are tax-deductible. IRS Publication 78, searchable and available online (see link to online version <strong><a title="Link to Online Publication 78" href="http://www.irs.gov/charities/article/0,,id=96136,00.html" target="_blank">here</a></strong>), lists most organizations that are qualified to receive deductible contributions. It can be found at IRS.gov under Search for Charities. In addition, churches, synagogues, temples, mosques and government agencies are eligible to receive deductible donations, even if they are not listed in Publication 78.</li>
<li>For individuals, only taxpayers who itemize their deductions on Form 1040 Schedule A can claim deductions for charitable contributions. This deduction is not available to individuals who choose the standard deduction, including anyone who files a short form (Form 1040A or 1040EZ). A taxpayer will have a tax savings only if the total itemized deductions (mortgage interest, charitable contributions, state and local taxes, etc.) exceed the standard deduction. Use the 2011 Form 1040 Schedule A to determine whether itemizing is better than claiming the standard deduction.</li>
<li>For all donations of property, including clothing and household items, get from the charity, if possible, a receipt that includes the name of the charity, date of the contribution, and a reasonably-detailed description of the donated property. If a donation is left at a charity’s unattended drop site, keep a written record of the donation that includes this information, as well as the fair market value of the property at the time of the donation and the method used to determine that value. Additional rules apply for a contribution of $250 or more.</li>
<li>The deduction for a motor vehicle, boat or airplane donated to charity is usually limited to the gross proceeds from its sale. This rule applies if the claimed value is more than $500. Form 1098-C, or a similar statement, must be provided to the donor by the organization and attached to the donor’s tax return.</li>
<li>If the amount of a taxpayer’s deduction for all noncash contributions is over $500, a properly-completed Form 8283 must be submitted with the tax return<strong>.</strong></li>
<li>And, as always it’s important to keep good records and receipts.</li>
</ul>
<p>For additional information, contact your professional tax advisor or tax preparer, or call Hertsel Shadian, Attorney at Law, LLC at (503) 352-6985. Please also forward this information to others that might find it useful.</p>
<p><strong>Additional Links:</strong></p>
<ul>
<li><strong><a title="IRS Online List of Charities" href="http://www.irs.gov/charities/index.html">Charities &amp; Non-Profits</a></strong></li>
<li><strong><a title="IRS Publication 526" href="http://www.irs.gov/pub/irs-pdf/p526.pdf" target="_blank">Publication 526</a>, Charitable Contributions</strong></li>
</ul>
<img src="http://feeds.feedburner.com/~r/ShadianLaw/~4/Ix6FDr_JV9M" height="1" width="1"/>]]></content:encoded>
			<wfw:commentRss>http://www.shadianlaw.com/tax-tips-for-year-end-giving/feed</wfw:commentRss>
		<slash:comments>2</slash:comments>
		<feedburner:origLink>http://www.shadianlaw.com/tax-tips-for-year-end-giving</feedburner:origLink></item>
	</channel>
</rss>

