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Trusts, Estates & Business Succession Blog

This blog is published by the attorneys in Capehart Scatchard’s Wills, Trusts & Estates group. It addresses issues related to estate planning, wills, trusts, succession planning, tax and tax codes.

While we may not like to deal with the IRS, we do have the right to receive quality service.  As taxpayers, it is important to know what our rights are to better enable the service we receive from the IRS

DID YOU KNOW:

Taxpayers have the right to:

  • Receive prompt, courteous, and professional assistance from the IRS.
  • Be spoken to in a way they can easily understand.
  • Receive clear and easily understandable communications from the IRS.
  • Speak to a supervisor about inadequate service.

Here are some things taxpayers can expect when working with the IRS:

Taxpayers can find answers to most tax questions on IRS.gov. Taxpayers can also contact the IRS directly by calling the number on the top right corner of all notices and letters.

  • IRS representatives will listen objectively. They will consider all relevant information.
  • The representative will answer questions promptly, accurately and thoroughly.
  • When collecting tax, the IRS will treat people with courtesy.
  • The agency usually only contacts taxpayers between 8 a.m. and 9 p.m.
  • The IRS won’t contact the taxpayer’s employer if the agency knows the employer doesn’t allow such contact.
  • The IRS won’t make aggressive phone calls that threaten arrest or prison.
  • The agency must provide the taxpayer with information about how to get help from the Taxpayer Advocate Service in all statutory notices of deficiency.
  • If someone is eligible for Low Income Taxpayer Clinic, the IRS will provide information about options for legal help.

Taxpayers can find answers to most tax questions on IRS.gov. Taxpayers can also contact the IRS directly by calling the number on the top right corner of all notices and letters.

New year – new word – PASSWORDLESS.  Ok, so what does it mean? 

Well, add it to the dictionary.  Passwordless login eliminates the need to enter a password to gain access to a website.  It will enable you to prove your identity other than by entering your login and a password. 

There are different methods to verify an identity such as mobile authenticator applications, facial recognition or fingerprint recognition.  Who knows, we may even see retina recognition.

You may be required to use more than one method to prove your identity. Two-factor authentication has demonstrated the importance of a multi-pronged approach and, depending on the approach adopted by whatever service you’re trying to gain access to, that may still be true in the passwordless future.

Web Authentication allows sensitive data to remain on your device, while only a key is sent to the server. Verification takes place locally on your device, which is then verified using a public key on the server. This removes the need to protect secret information on a server (like a password) since the secret only needs to exist on your local device.

One of the biggest benefits of going passwordless is simplicity. By going passwordless, you can verify your identity without having to remember anything. You may need to authenticate with a mobile app or scan your face or fingerprint, and that’s it.

What’s next????

Tis the season once again for filing our income tax returns.  This time of year can be the cause of much angst but the IRS has tips for lessening the stress of these next couple of months. 

To start, filing deadline is April 18, 2022 due to Emancipation Day in Washington, DC.  So, you have three extra days to file.  If you live in a declared disaster zone, you may have additional time to file.  In any event, the sooner you file, the sooner you don’t have to think about it and, if you are entitled to a refund, the sooner you will get it.

Speaking of refunds; if there are no issues with your return and you elect direct deposit, you should receive your refund within 21 days.  Filing on paper will delay your refund.

Be sure to file an accurate return.  If you know you are missing a tax statement, don’t file a return without it.  You could delay the processing of your return without reporting all information.  Remember, in our electronic world, the IRS knows what should be on your return.

If you have questions, visit irs.gov before trying to reach an agent on the phone.  The website is very user friendly.  There’s no wait time or appointment needed — online tools and resources are available 24 hours a day.

If you haven’t filed your 2020 Return, you can still work on filing your 2021 Return.  However, you may need your adjusted gross income (AGI) from 2020, so why not wrap up your 2020 and your 2021 return at the same time.

If your income qualifies you, consider using IRS Free File to prepare and file your return.  Check out the IRS website to determine your eligibility to use Free File.

If you have received Economic Impact Payments or advance Child Tax Credits in 2021, be cautious.  Make certain the information is correct so as not to delay the processing of your return.  To help in this regard, there will be IRS mailings about stimulus payments and Child Tax Credits.  If you have created an Online Account at irs.gov, you can check this information electronically.  Remember that if you have received Earned Income Tax Credit or Child Tax Credit, no refunds will be issued until mid-February.

And finally, if you don’t normally file a return you may want to consider filing for CTC, other valuable credits which are available for people who don’t normally file a tax return and didn’t file a 2020 return or use the Non-Filers tool.  You may be able to qualify for important credits including the Recovery Rebate Credit (stimulus payment), advance Child Tax Credit or the Earned Income Tax Credit. The IRS encourages people in this group to file a 2021 tax return so they can receive all the credits for which they’re eligible.

Happy filing.

Tax season 2022 has begun.  In the spirit of trying to make it as painless as possible, see the reprint of IR-2022-16, January 20, 2022 below.

WASHINGTON — With filing season beginning January 24, the Internal Revenue Service reminded taxpayers about several key items to keep in mind when filing their federal income tax returns this year.

Given the unprecedented circumstances around the pandemic and unique challenges for this tax season, the IRS offers a 5-point checklist that can help many people speed tax return processing and refund delivery while avoiding delays.

1. File an accurate return and use e-file and direct deposit to avoid delays. Taxpayers should electronically file and choose direct deposit as soon as they have everything they need to file an accurate return. Taxpayers have many choices, including using a trusted tax professional. For those using e-file, the software helps individuals avoid mistakes by doing the math. It guides people through each section of their tax return using a question-and-answer format.

2. For an accurate return, collect all documents before preparing a tax return; make sure stimulus payment and advance Child Tax Credit information is accurate. In addition to collecting W-2s, Form 1099s and other income-related statements, it is important people have their advance Child Tax Credit and Economic Impact Payment information on hand when filing.

  • Advance CTC letter 6419: In late December 2021, and continuing into January, the IRS started sending letters to people who received advance CTC payments. The letter says, “2021 Total Advance Child Tax Credit (AdvCTC) Payments” near the top and, “Letter 6419” on the bottom righthand side of the page. Here’s what people need to know:
    • The letter contains important information that can help ensure the tax return is accurate.
    • People who received advance CTC payments can also check the amount of the payments they received by using the CTC Update Portal available on IRS.gov.
    • Eligible taxpayers who received advance Child Tax Credit payments should file a 2021 tax return to receive the second half of the credit. Eligible taxpayers who did not receive advance Child Tax Credit payments can claim the full credit by filing a tax return.
  • Third Economic Impact Payment letter 6475: In late January 2022, the IRS will begin issuing letters to people who received a third payment in late January 2021. The letter says, “Your Third Economic Impact Payment” near the top and, “Letter 6475” on the bottom righthand side of the page. Here’s what people need to know:
    • Most eligible people already received their stimulus payments. This letter will help individuals determine if they are eligible to claim the Recovery Rebate Credit (RRC) for missing stimulus payments.
    • People who are eligible for RRC must file a 2021 tax return to claim their remaining stimulus amount.
    • People can also use IRS online account to view their Economic Impact Payment amounts.

Both letters – 6419 and 6475 – include important information that can help people file an accurate 2021 tax return. If a return includes errors or is incomplete, it may require further review while the IRS corrects the error, which may slow the tax refund. Using this information when preparing a tax return electronically can reduce errors and avoid delays in processing.

3. Avoid lengthy phone delays; use online resources before calling the IRS. Phone demand on IRS assistance lines remains at record highs. To avoid lengthy delays, the IRS urges people to use IRS.gov to get answers to tax questions, check a refund status or pay taxes. There’s no wait time or appointment needed — online tools and resources are available 24 hours a day.

Additionally, the IRS has several ways for taxpayers to stay up to date on important tax information:

  • Follow the IRS’ official social media accounts and email subscription lists to stay current on the latest tax topics and alerts.
  • Download the IRS2Go mobile app, watch IRS YouTube videos, or follow the IRS on Twitter, Facebook, LinkedIn and Instagram for the latest updates on tax changes, scam alerts, initiatives, products and services.
  • Taxpayers can also get information in their preferred language. The IRS translates tax resources into several languages and currently has basic tax information in 20 languages. People can also file Schedule LEP, Request for Change in Language Preference, to receive written communications from the IRS in their preferred language.

4. Waiting on a 2020 tax return to be processed? Special tip to help with e-filing a 2021 tax return: In order to validate and successfully submit an electronically filed tax return to the IRS, taxpayers need their Adjusted Gross Income, or AGI, from their most recent tax return. For those waiting on their 2020 tax return to be processed, here’s a special tip to ensure the tax return is accepted by the IRS for processing. Make sure to enter $0 (zero dollars) for last year’s AGI on the 2021 tax return. For those who used a Non-Filer tool in 2021 to register for an advance Child Tax Credit or third Economic Impact Payment in 2021, they should enter $1 as their prior year AGI. Everyone else should enter their prior year’s AGI from last year’s return. Remember, if using the same tax preparation software as last year, this field will auto-populate.

5. Free resources are available to help taxpayers file. During this challenging year, the IRS reminds taxpayers there are many options for free help, including many resources on IRS.gov. For those looking to avoid the delays with a paper tax return, IRS Free File is an option. With Free File, leading tax software providers make their online products available for free as part of a 20-year partnership with the Internal Revenue Service. This year, there are eight products in English and two in Spanish. IRS Free File is available to any person or family who earned $73,000 or less in 2021. Qualified taxpayers can also find free one-on-one tax preparation help around the nation through the Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs.

Good Luck!

I know that I have written in the past about estate planning, but as time passes, we see more and more issues arising from estate planning mistakes – omissions, improper forms, improper titling or non-titling of assets, and not taking special circumstances into consideration.

In our day-to-day administration of estates, we encounter many challenges and some of these challenges could have been avoided with proper estate planning.  I know that a well-designed estate plan can be an unwanted expense, but it is the one way to ensure that your wishes are carried out, that your beneficiaries are protected, that your documents are complete and address all of your concerns.

So, what can you do and what should you not do?  Here are a few suggestions:

  • First and foremost, remember that if you die without a will, the intestate laws of your state of residence will prevail as to who inherits from your estate as well as who is entitled to administer your estate.
  • I have long said that one of the best investments one can make is a good estate plan (and I don’t say that to generate business for any attorney but for the benefit of those left behind). 
  • It is very tempting these days to use online templates for a will or a trust.  But, remember, these forms are not state-specific and may not meet the requirements of your state of residence.  These forms may not provide for addressing certain special situations – beneficiaries who have special needs, who may be on the verge of a divorce, who may be in a financial situation and inheriting could provide access to the inheritance by their creditors, having alternate provisions for the “what ifs”.  And this is only the short list of special situations.
  • Give full consideration to naming your executor or estate representative.  There is nothing that says your oldest child, your oldest son, naming all children, or even your spouse has to be named.  You could have very valid reasons for not wishing for them to serve.  After all, being an executor is akin to having another job and there are responsibilities that go along with being an executor.  The best person is someone who is organized, good with finances and paperwork.  Do you feel comfortable that this individual will carry out your wishes? 
  • Don’t assume that because you told so and so that they could have your “whatever” when you die, that this will hold firm.  Nor should you assume that if you put a sticky note on the bottom of that one lamp with someone’s name on it that the lamp will go to that person.  Only if there is proper documentation will you be assured that the items will pass as per your wishes.
  • Do your documents provide for incapacity?  If you should become incapacitated to make your own decisions, are your documents still valid?
  • Have you created a trust and funded the trust?  If no assets were put into the trust, the trust can’t provide its intended use.

Make certain that your estate plan is well prepared to meet your needs and wishes.  It can certainly be one of the best investments you make.

You may ask why you should have an IRS Online Account.  And, what exactly is an IRS Online Account?

An IRS online account is a safe and easy way for individual taxpayers to view details about their federal tax account. Among the benefits and features of this online system are the ability to view

  • A payoff amount, updated daily, for amounts owing
  • Annual balances of taxes owed
  • Payment History
  • Information about the most current tax return as filed
  • Payment plan details if one is in place
  • Copies of select IRS notices
  • Information on Economic Impact Payments received
  • Taxpayer address on file

After viewing your information, you have options to set up an electronic payment option, set up an online payment agreement or get a copy of your tax transcript.

Also, there is a new feature which allows a taxpayer to control who can represent them before the IRS or view their tax records. 

Account balances will update once every 24 hours, usually in the nighttime hours, but if you are looking for payment history, you may have to allow 1 to 3 weeks for payments to show up in your history. 

If you want to stay on top of your federal taxes by accessing information online, you must register through Secure Access at irs.gov.   This is the agency’s two-factor authentication process that protects personal information. Taxpayers can review the Secure Access page process prior to starting registration.

Whether we admit it or not, we make resolutions when a new year rolls around.  You are going to do this, or you aren’t going to do that.  Whatever your intentions, they might be called a resolution – albeit a silent resolution.

With inflation at a high point, we are all looking to stop wasting money.  Here are some areas that might not have crossed your mind as being a money waster:

  • Memberships that you aren’t using – gym memberships (oh, yes, that’s right; new year, you are going to start going to the gym!), a club membership, a membership for an area of interest – say Ancestry.com, apps on your electronics such as a meditation app, financial app, game app that continues to be charged to your method of payment even though the app on your electronic device hasn’t been opened or updated in eons.
  • Subscriptions to media – newspapers, magazines, food deliveries, cosmetic boxes, etc. 
  • Fees being paid on investments – such as mutual fund fees.  Could you find investments that have a lower cost and generate a good return? 
  • Bank fees – when was the last time you took a look at your bank statements to determine if you could change the type of account to avoid certain fees (so many banks now charge for check images or for a hard copy of your statements) or even change the type of account to earn a higher rate of interest on your accounts.  Don’t be afraid to contact your bank to see if you can do better.
  • Food deliveries – the pandemic opened the door for food delivery services, but do you realize what those fees can amount to?  It usually isn’t a dollar or two or three but much more.  If you want to order prepared food, you may want to consider curbside take out.
  • What about good ole dining out?  Or stopping for the coffee in the morning?  You have probably noticed those prices rising. 
  • What about your gas hog?  Prices at the pump have risen and you may be driving a gas guzzler.  Good luck in finding a new car – I hear they are in short supply.  In the meantime, check your tire pressure, use the recommended grade of motor oil and if you have an older car, an engine tune-up may help improve mileage.
  • We love our pets and do our best to spoil them.  But, do they really need that $100 bed or that $10 toy? 
  • You love to read books.  Have you visited your local library lately rather than buying a new book to read?
  • The weather is cold outside, but rather than jacking up the thermostat, how about wearing one of those cozy sweaters or jackets you have?  It is said that sleeping in a cooler environment provides for better rest.
  • What about a leaky faucet or toilet or a drafty window?  Attending to these can help save money.
  • And finally, we know how much we depend on electricity.  But how much electricity do we waste?  Do we turn of lights and appliances that aren’t being used? 

One last thought; think about the impact on our environment by the waste we produce.  Do your part to help your budget as well as your environment. 

Happiness is nothing more than good health and a bad memory.”—Dr. Albert Schweitzer

December is a month of celebration for many and for many it is a time of happiness; of gathering with family and friends, celebrating customs, the giving of gifts and, for some, just the preparation for the holidays brings happy feelings.  That is, if we don’t let ourselves be controlled by expectations!

Did you know that older people are reported to have a higher level of contentment and well-being than young adults and teenagers?  You may ask how this is possible, given that older adults have coped with the stressors of life, setbacks and losses throughout their lives.  But, as we age, we usually aren’t stressing over a job or career path. 

Admittedly, not all older adults are happy. Unhappiness can result from loss, changes, depression – all of which can impact health.   But then again, older adults are not the only ones who may be unhappy. 

During these past two calendar years, lives have changed significantly and it looks like we will be facing changes into the foreseeable future.  So, what might we consider for adding to our happiness?   What might we do to increase our happiness levels? 

Giving a gift of yourself to anyone is always welcome and it doesn’t have to be for an extended time.  A quick phone call, a text message or an email can be uplifting and let us not forget being old-fashioned with a card or a note sent by snail mail. 

Sometimes, asking someone for some help, as insignificant as it may seem, might give them a good feeling of being valued. 

Saying hello or engaging in a short conversation can brighten a stranger’s day. 

How about learning something new? Doing something you have never done before?

And, the payoff; YOU just might experience a heightened level of happiness.  And, you don’t have to wait to be “older” to experience the good feeling!  It works for any age.

Whatever holiday you celebrate, may you experience much happiness.  My best to you in 2022. 

If you want to protect yourself from tax-related identity theft, you can opt into the IP PIN program offered by the IRS.  Currently, there are over 5 million taxpayers participating in the program which enables them to be proactive in preventing identity theft.

If you are interested in joining the movement to protect your identity with the IRS, the fastest and easiest way is by using the IP PIN tool on irs.gov. 

So, what is an IP PIN?  It is a six-digit number assigned to eligible taxpayers to prevent the misuse of Social Security and Individual Identification Numbers on federal income tax returns.  This number is known only to the taxpayer and the IRS and, as long as you can prove your identity, you can apply for an IP PIN.

Use of an IP PIN prevents a return from being filed in your name and is used to verify a taxpayer’s identity by the IRS.  The PIN is valid for one tax year and must be applied for every year.  It can be used when filing a return either on paper or electronically.  For returns for 2021, the online tool will be available on irs.gov on January 10, 2022.

If you have attempted to obtain an IP PIN previously; try again.  The IRS has updated the process and made it easier for taxpayers to be screened in the process and be assigned a number.

If you have been a victim of identity theft, you should still fill out an ID theft Affidavit – Form 14039.  This will trigger an investigation by the IRS into your case and an IP PIN will be automatically mailed via USPS.  Confirmed identity theft victims cannot opt out of the IP PIN program.

If you are not successful in passing the online authentication process, you can file Form 15227 or make a visit to an IRS Taxpayer Assistance Center.   Once Form 15227 is filed, an IRS representative would then call to verify identity with a series of questions.  Once the security check has been completed, an IP PIN would be received approximately a month later.  If you visit a Taxpayer Assistance Center, two forms of picture ID are necessary.  To locate a Taxpayer Assistance Center, you can call 844-545-5640. 

There are nice people who work for the IRS – pretty much a thankless job.  And, they would love to receive acknowledgment for their efforts, but let’s face it – if you were to receive a call from someone claiming to be from the IRS and telling you that you owe taxes which can be paid by way of a gift card, what would you think?  Hopefully, your immediate reaction would be that it is a scam.  How practical would it be for the IRS to receive a gift card from a retailer to credit to your tax obligation? 

Yep, it is happening – scammers are targeting taxpayers by asking them to pay a fake tax bill with gift cards. They may also use a compromised email account to send emails requesting gift card purchases for friends, family or co-workers. Gift cards make great presents for loved ones, but they cannot be used to pay taxes.

Here’s how this scam usually happens:

  • The most common way scammers request gift cards is over the phone through a government impersonation scam. However, they will also request gift cards by sending a text message, email or through social media.
  • A scammer posing as an IRS agent will call the taxpayer or leave a voicemail with a callback number, informing the taxpayer that they are linked to some criminal activity. For example, the scammer will tell the taxpayer that their identity has been stolen and used to open fake bank accounts.
  • The scammer will threaten or harass the taxpayer by telling them that they must pay a fictitious tax penalty.
  • The scammer instructs the taxpayer to buy gift cards from various stores.
  • Once the taxpayer buys the gift cards, the scammer will ask the taxpayer to provide the gift card number and PIN.

Here’s how taxpayers can tell if it’s really the IRS calling. The IRS will never:

  • Call to demand immediate payment using a specific payment method such as a gift card, prepaid debit card or wire transfer. Generally, the IRS will first mail a bill to any taxpayer who owes taxes.
  • Demand that taxpayers pay taxes without the opportunity to question or appeal the amount they owe. All taxpayers should be aware of their rights.
  • Threaten to bring in local police, immigration officers or other law enforcement to have the taxpayer arrested for not paying.
  • Threaten to revoke the taxpayer’s driver’s license, business licenses or immigration status.

Any taxpayer who believes they’ve been targeted by a scammer should:

  • Contact the Treasury Inspector General for Tax Administration to report a phone scam. Use the IRS Impersonation Scam Reporting webpage or call 800-366-4484.
  • Report phone scams to the Federal Trade Commission. Use the FTC Complaint Assistant on FTC.gov. Add “IRS phone scam” in the notes.
  • Report threatening or harassing telephone calls claiming to be from the IRS to phishing@irs.gov. Include “IRS phone scam” in the subject line.

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