Trying to cheat the IRS? You may want to rethink your plan. Some refer to it as “creative accounting” or just “a little fudging here and there”, but don’t dumb it down. Plain and simple, it’s cheating. If your tax return is missing income that should have been reported you are the one who is responsible. Regardless of whether you prepared your own return or had it prepared for you. When you try to cheat the IRS, there can be very unpleasant consequences if you get caught. Besides paying out a hefty monetary fine, there is a possibility of jail time.
Those who fudge on their taxes may think that they are just cheating the government out of money. However, the government is going to get the taxes it needs from somewhere. Those who short-change their taxes are causing others to pay more.
Currently, about 49% of all U.S. taxpayers pay no income tax. In fact, a large percentage of these folks actually get money back from the government. This is because their income is low and they qualify for certain refundable tax credits. Now, how many of those not paying any tax are because they are not reporting all of their income? Or perhaps those people are because they are exaggerating their deductions? We don’t know. There are no statistics on the issue, but it would appear to be a large number.
What type of people try to cheat the IRS the most often?
One of the biggest areas of cheating involves self-employed individuals not reporting cash payments. Some will even go so far as to offer discounts for cash payments; these discounts, of course, are attractive, and customers often opt for them. Thus enabling the self-employed individuals to cheat on their taxes. However, if self-employed individuals get caught – perhaps because their lifestyles aren’t supported by their reported income – they can end up with a nasty tax bill and penalties. Plus, when the IRS finds a cheater, it usually audits that person’s or company’s returns for other years.
Especially troubling is knowing that some individuals who underreport their income are not just avoiding income taxes, but qualifying for low-income tax credits and other subsidies meant for those who really need them.
Dishonest tax preparers can try to cheat in these ways
Unscrupulous tax preparers also cheat, and you could end up being the victim. Here are some of the schemes they pull:
- Adding phony deductions or credits
They do your return correctly and tell you what your refund is. Then, before they e-file it, the preparer adds phony deductions or credits to inflate the refund. The refund amount you expect is direct-deposited to your account, but the extra amount is sent to their bank account. It’s one of the most common ways to try and cheat the IRS. - Inflating the Earned Income Tax Credit
Earned Income Tax Credit (EITC) is a refundable tax credit for low-income taxpayers. The EITC is based upon the amount of the taxpayer’s income from working (earned income). The credit increases up to a point as the taxpayer’s earned income increases, then phases out for higher-income taxpayers. This credit is the frequent target of scams. One of the most common scams is to fabricate self-employment income that results in the maximum EITC. Even though this may create more taxes, the EITC is more than the taxes paid. Thus netting an increase in the taxpayer’s refund. - Taking fake education credits
Another frequent scam is to claim a higher education tax credit using made-up education expenses. The partially refundable American Opportunity Tax Credit (AOTC) is a frequent one to target. This is because the AOTC can be as much as $2,500, and $1,000 of that amount is refundable.
If you were a victim of an unscrupulous tax preparer and need assistance, please call this office.
Common ways taxpayers try to cheat the IRS (and IRS countermeasures)
Petty cheating is also prevalent. The following lists common areas of cheating and the steps that the IRS takes to counter them.
- Inflating the value of noncash goods donated to charity
This is probably one of the most commonly inflated tax deductions.
IRS Countermeasures
The IRS requires documentation from the charity. If the value of the donation is more than $500 for the year, a detailed list of the items that the taxpayer contributed is needed. The IRS will generally include charitable contributions in every audit, no matter what triggered the audit in the first place. - Claiming fictitious cash contributions
This typically involves claiming that cash was donated through a house of worship’s collection plate or holiday charity kettle.
IRS Countermeasures
All cash contributions must be verified with a bank record or a written record from the charity. Without such a record, no deduction is allowed. - Purchasing an item at a charity event
Generally, when you receive something of value for making a donation, the value of the item is not deductible. Thus, the cost of pancake breakfasts, charity auctions, Girl Scout cookies etc are not deductible as charitable contributions.
IRS Countermeasures
The IRS requires charities to include the value of goods or services provided to the donor on the charity’s receipt, making it easy for the IRS to detect when improper deductions are being taken when it examines the receipts during an audit.
Cheating and vehicles
Donating cars to charity
Individuals would donate vehicles in terrible condition, then deduct the blue book value as if the vehicle were in good condition. This trend became so prevalent that Congress actually stepped in and limited the vehicle contribution to $500 (generally).
IRS Countermeasures
The IRS now requires the charity to issue a Form 1098-C to the donor; this form includes the information that needs to be reported if the vehicle contribution meets the requirements for a contribution greater than $500.
Using a business vehicle for personal purposes
Have you seen pickups and other trucks with company logos on their doors towing boats and trailers down the highway? There is a good chance that the drivers of these trucks are writing off the mileage through their businesses.
IRS Countermeasures
The IRS generally requires businesses, especially closely held ones, to verify the business use of their vehicles with a log. Particularly vehicles that are suitable for personal use. The log must include the odometer readings for the start and finish of each business use.
Tax Fraud involving home ownership
Deducting more home mortgage interest than entitled
Tax law limits the amount that can be deducted for home mortgage interest, to the interest paid from purchasing or improving a home. This limit applies to a taxpayer’s first and second homes only. Many taxpayers simply take the mortgage interest from the Form 1098 and ignore the limitations.
IRS Countermeasures
IRS Form 1098 requires lenders to include additional information so the IRS can determine whether the limits have been exceeded.
Making repairs on a personal home and deducting the expenses on a rental or business property
It is pretty easy for landlords or owners of business real estate to make repairs on their personal homes and then deduct those repairs on their rental or business properties in an attempt to cheat the IRS.
IRS Countermeasures
An auditor will look at the dates and addresses on receipts to ensure that they make sense. If an auditor catches such a violation, expect him or her to become very aggressive in other areas. Possibly invoking substantial penalties due to the intentional disregard of laws and regulations.
Investing cheats
Falsifying investment costs to minimize gain
Until a few years ago, it was up to taxpayers to track their basis in the securities they owned. Inflating the cost was prevalent before the IRS required brokers to begin tracking basis.
IRS Countermeasures
The IRS modified Form 1099-B, issued by brokers when stocks, bonds, etc., are sold, to include the basis if known, and to indicate otherwise if basis was unknown. Then, the IRS developed Form 8949 to separate investment sales into those for which the broker was tracking the basis and those for which the broker did not know the basis. The information included on these forms allows the IRS to focus on those sales for which the taxpayer was tracking the basis.
If you have an acquaintance who has been less than honest on their tax returns in the past or has been the victim of a dishonest or inept tax preparer, please have them give this office a call.
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