Month: October 2017

Is That Knock at the Door Someone From the IRS, or Someone Scary?

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Happy Halloween! Read on for an update on the federal aid package for hurricane and wildfire victims. Plus, I teach you how to distinguish an IRS employee form a common scammer—or a neighborhood trick-or-treater.

Disaster Aid Package is Signed by the President

In my October 17 post, I discussed the $36.5 billion aid package for hurricane and wildfire victims that had passed in the House. It finally passed in the Senate and President Trump signed the bill on October 26, 2017. I also mentioned that the financially troubled National Flood Insurance Program would be bailed out—it received approximately $17 billion. I have heard people complain that their loss far exceeded their insurance reimbursement and I have also heard the uninsured speak of how difficult it was to get paid for their loss from FEMA. We now understand that there wasn’t enough aid to go around. Due to this current infusion of aid for disaster relief in Texas, Florida, Puerto Rico, California, and the U.S. Virgin Islands, I would suggest you go online again.

It’s Halloween! Is That Knock at the Door Someone From the IRS, or Someone Scary?

Children knock on doors pretending to be spooks and movie characters. Scammers don’t limit their impersonations to just one day. People can avoid falling victim to scammers by knowing how and when the IRS does contact a taxpayer in person. These 8 tips can help you determine if an individual is truly an IRS employee.

1. The IRS initiates most contacts through regular mail delivered by the USPS.
2. There are special circumstances when the IRS will come to a home or business. These are:

  • When a taxpayer has an overdue bill.
  • When the IRS needs to secure a delinquent tax return or a delinquent payroll tax payment.
  • To tour a business as part of an audit.
  • As part of a criminal investigation.

3. Generally, home or business visits are unannounced and are made by IRS Revenue Officers.
4. IRS Revenue Officers carry two forms of identification. Both forms have serial numbers, and taxpayers can ask to see both IDs.
5. The IRS can assign certain cases to private debt collectors, but the IRS does this only after giving written notice to the taxpayer or their appointed representative. Private debt collection agencies will never visit a taxpayer at their home or business.
6. The IRS will not ask a taxpayer to make a payment to anyone other than the “United States Treasury.”
7. IRS employees conducting audits may call taxpayers to set up appointments, but only after notifying them by mail.
8. IRS criminal investigators may visit a taxpayer’s home or business unannounced while conducting an investigation. These are federal law enforcement agents and they will not demand any sort of payment. At this stage, you should have a tax attorney and privileged communication.

Taxpayers who believe they were visited by someone impersonating the IRS can visit IRS.gov for information on how to report it.

Home Equity Loans and Proposition 2

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A proposed amendment to the Constitution of the State of Texas that would loosen restrictions on home equity borrowing comes to a vote on Tuesday, November 7. Known as Proposition 2, this amendment should hold serious interest for homeowners. Below, I outline the history of home equity loans in Texas and analyze this new proposition.

Home Equity Loan and Line of Credit

In the early 1990s, Texans amended the state constitution to allow home equity lines of credit. Prior to the amendment, Texans could only borrow on the equity in their home to finance home improvements. A home equity loan/LOC includes any indebtedness that is secured by a home if the proceeds were not used to purchase, construct, or substantially improve a home. Under the tax law rules, a taxpayer can deduct interest on up to $100,000 of home equity indebtedness that is secured by the taxpayer’s main home or one other home. The proceeds of the loan may be used for any purpose, including the payment of a child’s college expenses, paying off credit cards, or paying for a new car.  

Proposition 2 

On November 7, 2017, voters will again have the chance to amend the Texas constitution regarding home equity loans. I have included the ballot wording and some explanatory comments.  

The proposition reads as follows:

“The constitutional amendment to establish a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, establishing certain authorized lenders to make a home equity loan, changing certain options for the refinancing of home equity loans, changing the threshold for an advance of a home equity line of credit, and allowing home equity loans on agricultural homesteads.”

After talking to my mortgage banker (www.capitalabcfunding.com), I can tell you that this amendment will help reduce your borrowing costs by removing some of the many fees that you pay when you borrow on your home and limiting some of the fees that lenders charge for credit checks, loan applications, and others, as well as making it easier to get a home equity loan. It will also expand the types of agricultural properties that can borrow on their equity.

This amendment will be effective on January 1, 2018, if it is approved by the voters. It takes a 2/3 majority of the Texas House and Senate to get a proposition on the ballot. Then, it is submitted for approval to the qualified voters of the state. A proposed amendment becomes a part of the constitution if a majority of the votes cast in an election on the proposition are cast in its favor.

Now, it is up to you.

FAFSA Tips and Post-Harvey Aid

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It’s time to be thinking about Federal Student Aid. If you need help filling out the FAFSA form, please read on or give me call. Also below, I unpack a few of the tax implications of a House bill designed to provide hurricane and wildfire relief.

Let’s begin.

Helpful Tips on the FAFSA

Do you have children in college? Then the Free Application for Federal Student Aid is the form that you will complete if you want to enter the federal financial aid system. Go to www.fafsa.ed.gov to electronically file if you want a Stafford Loan, a work-study job for your student on campus, a federal grant, or maybe even a little scholarship money from the endowment. You will need your 2016 Form 1040 and a list of your assets. If you need help, please give me a call at (713) 785-8939.

U.S. House Approves $36.5 Billion Aid Package

Last Thursday, October 12th, the House approved a bill that will provide Hurricane Harvey, Irma, and Maria relief as well as wildfire relief, and will bail out the financially troubled National Flood Insurance Program. The bill now awaits consideration by the Senate.

The bill also includes a few tax changes that might benefit you. This legislation allows you to take a casualty loss from these storms without having to itemize. You will also be able to deduct your uninsured personal losses in excess of a $500 threshold without regard to the 10% of adjusted gross income offset that generally applies to get that deduction. I don’t need to tell you how big that could be.

Also of note, the 10% penalty on pre-age-59 ½ withdrawals from retirement accounts is waived, as long as the IRA or retirement plan withdrawals are not greater than $100,000. The regular income tax due on these distributions can be paid over three years. You can also borrow more from your 401(k), up to $100,000, and loan repayments can be deferred. These are some of the changes that may affect you.

Tax Records Lost During Harvey?

If you lost your tax records during the hurricane you can use the Get Transcript tool on IRS.gov to print a summary of your W-2, 1099, and 1098 information. A tax transcript is a summary of key information and not a copy of your return. If you want a copy of an actual return, you must file Form 4506. If you want a copy of your transcript by mail, then you must file Form 4506-T. To expedite the processing and waive the customary fees, write “Hurricane Harvey” on the top of the form.

9 Tips for Reconstructing Records after Hurricane Harvey

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Taxpayers who are victims of a disaster might need to reconstruct records to prove their loss. Doing this may be essential for tax purposes, getting federal assistance, or an insurance reimbursement.

Here are nine things individual taxpayers can do to help reconstruct their records after a disaster:

  1. Taxpayers can get free tax return transcripts by using the Get Transcript tool on IRS.gov, or use their smartphone with the IRS2Go mobile phone app. They can also call (800) 908-9946 to order it by phone.
  2. To establish the extent of the damage, taxpayers should take photographs or videos as soon after the disaster as possible.
  3. If a taxpayer doesn’t have photographs or videos of their property, a simple method to help them remember what items they lost is to sketch pictures of each room that was impacted.
  4. If you lost your car, there are several resources that can help you determine the FMV before the loss. These resources are all available online or at the library: Kelley’s Blue Book, National Automobile Dealers Association, or Edmunds.
  5. Taxpayers can contact the title company, escrow company, or bank that handled the purchase of their home to get copies of their destroyed documents.
  6. If you bought furniture or appliances with your credit card, then you should contact your credit card company or bank for past statements.
  7. Homeowners should review their insurance policy as the policy usually lists the value of the building to establish a base amount for replacement and starting point for determining FMV before the loss.
  8. Absent that, you can go to the HCAD website for a record of the value of your property, both land and improvement.
  9. You can also support your loss with cancelled checks, credit card receipts, photographs on your phone, and videos.

I hope this helps!

Robert T. Stevenson, CPA

Three Easy Ways to Report Your Property Damage

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Harris County homeowners who suffered damage from Hurricane Harvey can report their damage to the Harris County Appraisal District (HCAD) through the following ways:

  1. The HCAD’s upgraded app, available for Apple and Android phones.
  2. By phone at (713) 812-5805. You will need to provide your name, address, phone number, and account number, if you have it, along with the type of property damage and amount of water you received.
  3. You can also email that information to help@hcad.org.

Reporting property damage now will help the appraisal district identify the most damaged neighborhoods and properties to help homeowners next year when property is reappraised.

Remember, your property tax liability is based on the appraised value as of January 1 of each year. Therefore, your tax bill for 2017 is based on your appraised value at January 01, 2017. And likewise, if your home has not been completely repaired as of January 1, 2018, then you should become eligible for a reduced value for 2018.