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Begging The Bank To Forgive Some Of The Mortgage On Your Primary Residence? Better Act Fast

[Note: this column was originally published in November 2012, but due to the Band-Aid approach to tax law favored by Congress, it is relevant once more]

If you are one of the 97% of the population whose home is worth significantly less than when you purchased it (relax real estate brokers of America, I’m exaggerating for effect), you’ve likely been seeking out some type of debt modification with your lender. Or perhaps things have gotten so bad that you’re contemplating a foreclosure or short sale.

Here’s the thing: anytime a mortgage is modified (i.e., reduced), the borrower is required to recognize cancellation of indebtedness (COD) income under Section 61(a)(12) to the extent of the debt forgiveness. Similarly, if a property is sold at foreclosure or in a short sale and the underlying mortgage is recourse (meaning the borrower has personal responsibility for any excess loan deficiency remaining after the sale), then to the extent the remaining deficiency is forgiven, the borrower will again recognize COD income.

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IRS Rule Leads Restaurants to Rethink Automatic Tips

An updated tax rule is causing restaurants to rethink the practice of adding automatic tips to the tabs of large parties.

Starting in January, the Internal Revenue Service will begin classifying those automatic gratuities as service charges—which it treats as regular wages, subject to payroll tax withholding—instead of tips, which restaurants leave up to the employees to report as income.

The change would mean more paperwork and added costs for the restaurants—and a potential financial hit for waiters and waitresses who live on their tips but don’t always report them fully.

Darden Restaurants Inc., DRI +0.58% owner of Olive Garden, LongHorn Steakhouse and Red Lobster, has long included automatic 18% tips on the bill for parties of eight or more at its more than 2,100 restaurants, but is experimenting with eliminating them because of the IRS ruling, said a spokesman.

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CALLING THE IRS!

Calling the IRS

Math humor

Being a numbers person, I found this to be very amusing:

A lady was sitting on the train reading the newspaper.

The headline blared, “12 Brazilian Soldiers Killed.”

She shook her head at the sad news, then turned to the stranger sitting next to her and asked, “How many is a Brazilian?”

Top 10 Tax Mistakes Made by Investors

Investing is a complex undertaking. The supply of investment alternatives is seemingly endless. Evaluating various alternatives can be quite difficult and very time consuming.

And unless held in check, the actual decision-making process is fraught with human emotions that often lead investors to make counterproductive investment choices. Add to this the myriad tax rules and regulations that impact investments and you have enough to overwhelm many investors.

Trusted financial professionals are in a position to help make sense of it all. Certainly, appropriate portfolios should be structured for investors, and suitable investments should be chosen given the current economic environment and the investor’s unique set of circumstances. But tax consequences must also be carefully considered, and the accountant often plays a role in this. Tax treatment, good or bad, can make or break an investment decision.

Here are the top 10 tax mistakes made by investors as gathered in a recent survey we conducted of investment advisors:

Interesting article – “Enrolled Agents Deserve More Respect”

The Enrolled Agent designation (EA) does not get as much respect as it deserves.  Presently just about anybody can prepare tax returns for compensation (The IRS attempt to change that is currently stalled).  The situation was the source of some humorous commercials.

If you get audited, though, there are a limited number of people who can represent you before the IRS.  In principle, it is a large number – in the 2,000,000 range.  In practice, most of the roughly 1.2 million attorneys and roughly 650,000 CPAs who, in principle, could represent you at an audit are really not qualified.  Especially some of the attorneys.  Just kidding.  On a percentage basis, you will do better with the almost 50,000 enrolled agents.  Enrolled Agents earn the designation by passing an exam administered by the IRS.

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Wisdom

“Any man who thinks he can be happy and prosperous by letting the American Government take care of him; better take a closer look at the American Indian.”  Henry Ford

Off topic joke

A little old lady is sitting on a park bench in “The Villages,” a Florida adult community.

A man walks over and sits down on the other end of the bench.

After a few moments, the woman asks, “Are you a stranger here?”

He replies, “I lived here years ago.”

“So, where were you all these years?”

“In prison,” he says.

“Why did they put you in prison?”

He looks at her and very quietly says, “I killed my wife.”

“Oh!” says the woman. “So you’re single?”

Company you keep: Facebook friends could affect credit score

NEW YORK (CNNMoney) — Choose your Facebook friends wisely; they could help you get approved — or rejected — for a loan.

A handful of tech startups are using social data to determine the risk of lending to people who have a difficult time accessing credit. Traditional lenders rely heavily on credit scores like FICO, which look at payments history. They typically steer clear of the millions of people who don’t have credit scores.

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Three Things Grandparents Can Do to Help Their Grandchildren

Doting grandparents can provide more than just love and attention for their grandchildren. They can help in financial ways that benefit the family. Here are 3 ideas:

1. Pay for a grandchild’s IRA or Roth IRA

If your grandchildren have a summer job or part-time job during the year, help them get started on savings for retirement with an IRA or Roth IRA. As long….

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2008 to 2023 Best of Portsmouth

Heritage Income Tax Service, Inc. | 5581 Portsmouth Blvd., Portsmouth, VA 23701
(757) 488-7232 | Fax (757) 488-1368

Heritage Income Tax offers a full range of tax preparation services. Located in Portsmouth, Virginia, we serve the entire Hampton Roads area including the cities of Chesapeake, Virginia Beach, Norfolk, Suffolk, Newport News and Hampton.