Federal Tax

  • 1.  Latest tax "scam" by states

    Platinum Most Valuable Member
    Posted 11-11-2014 09:02 AM
    This message has been cross posted to the following Discussions: TAX COMMITTEE and Federal Tax .
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    not sure if any of you have dealt with this issue, but here are the basics:

    TP earns income via K1 as a non-resident and taxes are withheld on the K-1 and readily identified as such.  At some point after filing the returns (or several years later), the state turns around denies a subsequent request for refund citing "prior balance due".  In researching the prior balance, we quickly realize that the state simply disallowed the taxes that were withheld on the K-1.  The TP returns were filed and accepted electronically.

    Now, the issue is easily rectified - the TP (or preparer) resubmits the K-1 to the state and eventually the state will refund the TP.  At issue, though, is how many TPs see a small balance due and simply pay it as it appears less expensive than having their CPA research it?

    I've been dealing with several states recently, including Indiana, Maryland, West Virginia and Oklahoma.  Each was the EXACT same situation.


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    Stephen Mankowski, CPA
    EP CAINE & ASSOCIATES, CPA LLC
    Bryn Mawr PA
    215-674-5652
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  • 2.  RE: Latest tax "scam" by states

    Gold Most Valuable Member
    Posted 11-12-2014 07:38 AM
    I assume you are not filing in Illinois.
    They automatically request support, even when we sent the K-1s with the original paper return.
    Paper tax return because we want to show the withholding trail.

    The amounts are usually small and it does not make cents to respond.  (Misspelling on purpose).
    IL is not the only state.
    The issue to my firm is how clients feel about receiving these notices and having to pay taxes twice.
    Not the dollars but the impression.

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    Jeffrey Winer
    WINER CPA PC
    Framingham MA
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  • 3.  RE: Latest tax "scam" by states

    Bronze Most Valuable Member
    Posted 11-12-2014 07:46 AM
    I file many multi-state returns with nonresident witholding tax. I automatically provide a copy of the K-1 and highlight the withholding tax or submit the withholding tax form with the return (i.e. California, Georgia, Kansas, South Carolina etc.). I found in the past that if you do not provide this documentaiotn with the submission of the return, you will automatically receive a notice. (in some cases I receive a notice even when I do submit it).

    All of my clients know to contact us with any notice received, no matter how small. Yes, the cost / benefit is usually not there when responding to these notices but in many cases its a phone call and a fax. The benefit we receive is the client's perception when we clear up a notice, no matter how small. It results in a lifetime of loyalty, trust and referrals.

     
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    Vincent Preto
    WAGNER & ZWERMAN, LLP
    Hauppauge NY
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The opinions expressed are the views of the author alone and should not be attributed to any other individual or entity and shall not constitute an accounting opinion.