Days before the end of the tax year, the massive tax bill changed the rules retroactively. And for once, the change benefited individual taxpayers. The tax bill revived, for tax year 2017, the exclusion from income accorded to phantom income upon foreclosure, short sale, or loan modification. The provision that created an exception protecting […]
IRS Shakedown Happening In Bankruptcy Court
The latest IRS scam is happening in bankruptcy, out in the open. Now usually when I write about IRS scams, I’m talking about genuine bad guys either pretending to be the IRS to hijack your money or pretending to be you to the IRS, to hijack your money. But nobody is pretending in the trick […]
Taxes: Building Block of Financial Literacy
You’re a first time employee. Congratulations. Welcome to the world of tax forms, withholding, and tax deadlines. Taxes are the price we pay for civilization, according to Oliver Wendell Holmes. In fact, the first day on your new job you’ll be presented with an IRS form w-4. It’s like a rite of passage into adulthood. Even families […]
Long Term Tax Savings When You File Bankruptcy Rather Than Settle Debts
Settle your debts outside of bankruptcy and you may be bitten by taxes you didn’t expect years later. Everyone I talk to would rather cut a deal with their creditors than file bankruptcy. It’s universal. But here’s the killer reason why bankruptcy alone protects homeowners from a unexpected tax consequence down the road. Debt forgiven […]
The Unexpected Loss When Tax Returns Filed Late
File your tax returns really late and you may lose out on credit for toward your Social Security. Betcha didn’t know there was a connection between income taxes and your Social Security benefits. This was a new one for me. I’ve written often about the negative consequences of putting off filing tax returns. But Harvard Law professor […]
Cut Tax Liens Down to Size
Tax liens are no match for Chapter 13 when it comes to cutting the lien down to its real value. On paper, a tax lien can quickly become huge. In bankruptcy however, a lien is no bigger than the value of the assets it attaches to. While in Chapter 7, liens pass through bankruptcy without […]
California Law on Cancelled Debt Mirrors Federal Law
I’ve always assumed that California law excluded from income debt forgiven in bankruptcy, just as federal tax law does. When a client asked me to confirm that the treatment was the same, I realized that this was one of those things I had just assumed. As a lawyer, I ought to know the danger […]
Pay Or Go To Jail Tops IRS List Of Tax Scams
The phone caller recites his IRS badge number. Then he demands immediate payment of “overdue taxes” by wire transfer or debit card. Fail to pay, he warns, and you will be arrested. Or lose your license. Or be deported. Absolutely horrifying. And absolutely untrue. Yet this scenario is repeated often enough that it made the top […]
Scammers Spoof IRS To Get Your Info
Tax season saw a 400% rise in fake email to taxpayers pretending to be from the IRS. The scammers want you to click a link, give them information, or otherwise open yourself to identity theft. Identity theft and the diversion of tax refunds is the number one 2016 tax scam. Fake email is third. Protect yourself […]
Claim Tax Deductions Lurking In Your Chapter 13
Tax deductions may be hiding in your Chapter 13. Did you file for an extension of time to file your income tax return? Well, time to get the return done is running out: returns are due October 15th. If you are in a Chapter 13 bankruptcy case, you may have deductions you haven’t considered […]
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