Saturday, August 4, 2012

finding Free Answers to Small business Tax Questions

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The earnings tax law is a stock of all three branches of our federal government:

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How is finding Free Answers to Small business Tax Questions

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o The legislative branch, Congress, writes the Internal earnings Code (Irc), or tax code, for short. Each part, called a Section, has its own number, like Irc § 179.
o The menagerial branch, specifically the Treasury Department, of which the Internal earnings service is a part, publishes interpretations of many tax code provisions. These writings show how the Irs applies the tax code in separate situations.
o The judicial branch, the federal courts, interprets the tax code in light of the Constitution and what it divines as Congress's intent. When the Irs applies the tax code contrary to the Constitution or differently than Congress intended, it may be overruled by the federal courts. These court decisions are published ("reported") and serve to guide taxpayers on how to elaborate the tax code.

This discusses where to find the pronouncements of the government, Irs publications, underground tax guides, textbooks, websites, court decisions, and periodicals. Some are free, and most others are reasonably priced. Tax publications for professionals are expensive, but are often ready at group or law libraries.

Irs Small firm Website

There is an Irs small firm society website to sustain the nation's 45 million firm and self-employed taxpayers. This free site provides:

o answers to basic tax questions and a calendar of tax deadlines
o online access to most Irs forms
o industry-specific tax info for definite industries like building and food service
o tips to avoid common tax problems
o links to court opinions and to rulings and regulations on definite industries
o links to non-Irs sites for general tax information, and
o links to helpful small firm resources.

Go to the Irs home page. Click on "Business" and then "Small firm and Self-Employed." Don't expect the Irs to tell you how to reduce your tax bill at this site.

Irs Online Publications

The Irs publishes over 350 free booklets explaining the tax code. But where there is a gray area in the law, you can bet you'll get only the Irs's interpretation-even if federal courts have made contrary rulings.

These Irs Publications ("Pubs," for short), range from several pages to several ¬hundred pages in length. Get them at Irs offices, download them online, call 800-829-Form (3676), or send in an order form. There is no charge, not even for postage.

Every small firm someone should order a box of Irs forms and publications called Your firm Tax Kit. The kit includes Forms Ss-4, Application for employer Identification Number, and 1040-Es, Estimated Tax for Individuals.

o Pub 334, Tax Guide for Small firm (at 325 pages, the largest booklet)
o Pub 583, Taxpayers starting a firm
o Pub 910, Guide to Free Tax Services
o Pub 1057, Small firm Tax instruction schedule Brochure
o Pub 1544, Reporting Cash Payments of Over ,000, and
o Pub 1779, laborer or Independent Contractor.

You can get all Irs publications, plus 600 forms, Irs Regulations, and back-year tax forms (to 1991) on Cd-Rom Publication 1796. Call this toll-free number to order: 877-233-6767, or order online (search for Publication 1796). There is a charge.

All you may need, however, is a free online download called the Small firm resource Guide, Publication 3207, which contains:

o information on small firm topics from varied regulatory agencies
o business tax forms, instructions, and publications
o valuable comprehension on a wide range of topics, from preparation a firm plan to retention records of financing and relinquishment plans
o informative tutorials, updates, and a multi-agency electronic newsletter.

Go to the Irs website (go to irs dot gov, "Business" and then "Small firm and Self-Employed") .

Tip

The Irs's free publications run the gamut from good to bad to plain ugly. While some are clearly written and useful, others are misleading, and a few are in an unknown language. I am all the time amused to see Irs publications with disclaimers warning you against relying on them. The Irs is not legally bound to corollary its own writings that elaborate the tax law. Amazing, isn't it?

Free Irs and group protection Telephone/Information

You may talk to a live Irs taxpayer service representative at 800-829-4933 (business tax line). It can be hard to get through from January to May. Avoid calling on Mondays or while lunchtime.

The group protection supervision (Ssa) also has an 800 number: 800-772-1213. It is staffed 7 a.m. To 7/p.m., and has prerecorded business-related topics ready 24 hours a day. Among other info ready from the Ssa, you or an laborer of your firm can get a statement of earnings, Form W-2, and Form 1099 earnings facts for past years, an estimate of benefits, and new or replacement group protection cards.

Caution

Be alert for bad Irs telephone advice. The Irs is notorious for giving misleading or outright wrong -answers on the phone. Irs folks just aren't trained to riposte more than very straightforward tax questions. In the Irs's defense, often taxpayers don't know how to ask the right questions, or authentically understand the answers given. Our overly complicated tax code is as much to blame as the Irs. Unfortunately, the Irs does not stand behind incorrect oral advice. If you rely on what someone at the Irs tells you and it is wrong, you'll be liable for any resulting tax plus interest and penalties. If it's important, duplicate check what the Irs tells you with a tax pro.

Free Irs Programs

In larger metropolitan areas, the Irs offers small firm seminars on varied topics, such as payroll tax reporting. You can ask questions at these programs, given at schools and federal buildings. Call the Irs at 800-829-1040 to see if programs are offered near you and to get on the Irs small firm mailing list.

Irs Written Advice

The Irs is only bound by formal advice to tax¬payers called Irs Letter Rulings. If you want one, you'll have to pay a fee of 0 to ,000 or more to the Irs; expect to wait many months for your answer.

For issues where the law isn't clear, a good (and far cheaper) bet is to look up letter rulings issued to other taxpayers with a similar question-if you can find one. Letter rulings are published in the Internal earnings Cumulative Bulletin, and in underground tax service publications found in larger group and law libraries.

Be warned: It is not easy to find letter rulings on point, even for a tax pro. If you want to try, you should know how these rulings are identified and indexed. For example, "Ltr. Rul. 892012" refers to a ruling issued in 1989, in the 20th week, and which was the 12th letter ruling issued that week. My hint is that you hire a tax pro to do this for you.

Internal earnings Code

The Internal earnings Code (Irc) is written by Congress and is nicknamed the code or the tax code. It's a thick book with tiny print and is found in the reference section of most libraries, the Irs website, Irs offices, tax pros' offices, and larger bookstores. The Irc is revised annually, mostly minor changes by Congress. More primary revisions to the tax code are made every three to four years.

The Irc is found in Title 26 of the United States Code (U.S.C. For short). The U.S.C. Encompasses all of our federal laws. Title simply refers to the place within the gigantic U.S.C. Where the Irc is found.

Example: "Irc/179(b)(4)(A)" means that this singular tax law is found in Title 26 of the U.S.C., the Internal earnings Code, Section 179, subsection b, paragraph 4, subparagraph/A.

The Irc is divided up into sections, which, in turn, are subdivided into more parts, ad infinitum. The tax code is a crazy quilt of laws that apply to everybody along with provisions just for left-handed sheep breeders in New Jersey.

The Irc is ready online at the Irs website.

Irs Interpretations of the Tax Code

Congress, when enacting a broadly applicable tax law, can't foresee all inherent situations. So the Treasury department (the Irs is a part of it) is authorized to issue interpretations of broad tax code provisions. The primary Irs interpretations are called Regulations, earnings Rulings, Letter Rulings, earnings Procedures, Announcements, Notices, the Internal earnings Manual, and Irs forms and instructions.

Regulations

The most authoritative Irs interpretations are called Treasury Regulations or just Regulations or Regs. Regulations contribute the mechanics of how many (but not all) tax code provisions apply. Regulations often contain examples, like the ones in this book. They are regularly bound in a four- to six-volume set and are found in most larger libraries and some bookstores. Regulations are on the Irs website . Regulations are easier to read than the tax code on which they are based.

Start with the Irc section number. Then check to see if there is a corresponding regulation. It will bear the same number, regularly preceded by the numeral "1." You can do this online at www.irs.gov

Example: "Reg. 1.179" refers to a Treasury regulation interpreting Irc Section 179.

Other Irs pronouncements

The Irs publishes varied statements of its position on varied tax matters. These pronouncements guide Irs personnel and taxpayers as to how definite tax laws will be applied by the Irs.

Irs earnings Rulings (Rev. Rul.) are Irs announcements of how the tax law applies to a hypothetical set of facts.

Tax book publishers Prentice-Hall, business Clearing House, and investigate form of America reprint all Irs earnings Rulings. Some, but not all, of the Irs earnings Rulings are on the Irs website. They are indexed by Irc section and branch matter. A earnings Ruling regularly contains a factual example, followed by an explanation of how the tax code applies to those facts. While seeing for a earnings Ruling might pay off, it is not all the time easy to find one that authentically covers your situation.

Example: "Rev. Rul. 92-41" refers to Irs ¬Revenue Ruling number 41, issued in 1992.
Irs Letter Rulings are Irs answers to definite written questions about more complicated tax situations posed by taxpayers. See "Irs Written Advice," above.

Irs earnings Procedures (Rev. Procs.) are an additional one way the Irs tells taxpayers exactly how to comply with certain tax code provisions. Rev. Procs. Are primarily relied on by tax return preparers. They often elaborate when and how to description tax items, such as claiming a net operating loss on a tax return. They are contained in the weekly Internal earnings Cumulative Bulletin, found in larger group and law libraries, and also are reprinted by the tax book publishers mentioned above and on the Irs website

Example: "Rev. Proc. 91-15" refers to a published earnings course number 15, issued in 1991.Irs announcements and notices. Periodically, the Irs gives general advice and statements of course in legal announcements and notices similar to press releases. They appear in the weekly Internal earnings Cumulative Bulletin, which is published at the Irs website. Seldom does it pay to crusade Irs announcements or notices, as they weren't intended to riposte definite questions.

The Internal earnings manual (Irm) is a series of handbooks for Irs employees on tax law. This is one of my beloved free resources. The Irm tells its auditors and collectors how definite tax code provisions should be enforced. The manual is for Irs internal use, but most of it is group and ¬reprinted by underground tax book publishers. It is ready to the group in larger Irs offices and in law libraries and some tax pros' offices. Portions of the Irm are also on the Irs website.

The Irm is revealing of Irs positions-for example, the criteria the Irs uses to settle either cheap cause exists for cancelling a tax penalty.

Irs forms and instructions are well known to us all, starting with Form 1040, the every year personal earnings tax return. More than 650 other forms are listed in Publication 676, Catalog of Federal Tax Forms. They are free at Irs offices or by calling 800-829-Form or 800-829-1040 or at the Irs website . Many Irs forms come with instructions and explanations of the tax law. all the time read the instructions before attempting to fill in an Irs form.

Court Cases

Federal courts have interpreted the tax law in thousands of court cases. Tax court decisions are found in the Tax Court Reports. Also, U.S. District Courts, U.S. Courts of Appeal, Court of Federal Claims, U.S. Bankruptcy Courts, and the supreme Court all rule on tax issues. These court decisions elaborate tax code sections. Chances are that at least one of these courts has adjudged the point you are curious in; the trick is seeing it.

Tip
Advice on research. The key to tax research, either on the Internet or in a law library, is to start with the number of an Irc section, or a court case name, or a general topic, such as depreciation.
The Small firm supervision (Sba) puts out some good publications.

Personal counseling from the Sba is offered by the service Corps of Retired Executives (Score) program. These folks are not necessarily tax experts, but if they were in business, they know the tax game. Call the Sba at 800-827-5722 or visit the Sba office nearest you. The Sba also has a very helpful website. Or write to the Sba at 1441 L Street, Nw, Washington, Dc 20461.

Small firm development Centers (Sbdcs) are cosponsored by the Sba and state governments. They are regularly affiliated with state universities and contribute free or low-cost seminars and counseling to small firm owners. To find an Sbdc near you, call the Sba at 800-827-5722.

Other federal agencies offer publications-either free or at cheap prices-to sustain small businesses. Pa 15250-7954.

Trade relationship Publications

Every firm or trade has specialized publications and newsletters that track tax issues in your business that your tax pro might not know of-perhaps a new case or Irs ruling. Also, speakers on tax topics are often found at conventions and trade shows.

Tax Info Online

There has been an explosion of tax facts on the Internet. Surprisingly, the Irs itself has a good website, but it is definitely not the "last word" in tax research.

Start your Internet crusade with the Irs home page. You can download over 600 Irs forms and publications and inspect summaries of 150 tax topics. Email straightforward tax questions to the Irs (but remember what I have said about taking tax advice from the Irs with a block of salt).

Internet service providers give you access to crusade engines like Yahoo! and Google to find tax facts from sources, along with the National relationship of Enrolled Agents and TurboTax. Some sites allow you to post tax questions to experts and receive answers, either for free or a relatively small charge.

Keep in mind the someone giving the riposte doesn't authentically know you and your tax needs. The right tax riposte is regularly the one tailored to your individual situation-and for that you need the personal touch of meeting with a tax pro.

To go still deeper into cyberspace, use one of the beloved crusade engines such as Google or Yahoo! Be prepared for thousands of listings to pop up. There is a lot of tax nonsense on the chaotic World Wide Web. Habitancy can express their views or promote harebrained "untax yourself" schemes. So, watch out. In the tax universe, as elsewhere, if it sounds too good to be true ... You know the rest.

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