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2007-2008 Federal Tax Update
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2007-2008 Real Estate & Investment Federal Tax Update

Course Nbr: HOV56 Credits: 2.00 Run Time: 1h 8m
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In this course, Vern discusses the current cases and rules affecting real estate taxation.

 

Highlights of this Chapter:

·         Reviewing a primer on the tax ramifications of a foreclosure or repossession, including analyzing the cancellation of debt calculation and problems with short sales.

·         Understanding the numerous letter rulings that have been released, giving relief to homeowners when they sell their home prior to the two year period because of health or unforeseen circumstances.

·         Looking at nine tax planning tips when your client’s gains exceed $250,000.

·         Evaluating some nasty passive loss cases, including the real estate professional exception, and how to avoid these foul results.

·         Analyzing how to purchase property in a TIC.

·         Reviewing the 45/180 day rule that taxpayers seem not to understand, and alerting you to a controversy brewing in which the IRS is being accused of trying to eliminate the small independent exchange facilitators.

·         And closing with a look at the new final regulations on how to depreciate property received in an exchange.

 

Learning Objectives:

·         Specify when or if cancellation of debt is taxable, and how cancellation of debt impacts gross income for an insolvent taxpayer.

·         Value the sales price for tax purposes of a nonrecourse mortgage foreclosure; and establish what happens to the loss of sale in a recourse mortgage foreclosure.

·         Establish whether or not the income from the discharge of debt incurred in bankruptcy is taxable.

·         Recognize the gain exclusion amount of a home sale that, generally, does not require IRS notification on Form 1099-S for single and married taxpayers.

·         Compute the excludable gain under the reduced exclusion rule on a specific home sale for unforeseen circumstances.

·         Identify the tax results when gifting an entire house to a child.

·         Calculate and assess which circumstance results in: the lowest taxable gain for a couple selling their home to finance a child’s education; or the maximum tax savings for a couple selling their home in a divorce.

·         Recall the court decision regarding a testamentary trust in a ranching business, for passive loss limitation purposes.

·         Identify what type of activity constitutes per se passive activity, and what type of taxpayer activity in which she or he materially participates in is not subject to limitation under the passive loss rules, as long as certain eligibility requirements are met.

·         Isolate what is required for an individual to satisfy the real estate professional eligibility requirements.

·         Identify what happens to basis of property, for a correctly titled property in a community property state, at the death of the first spouse.

·         Recall how to calculate the gain recognized on an exchange; and even whether gain or loss should be recognized in specific exchanges.

·         Recollect what happens to recognition of postponed gain in a related party exchange.

·         Ascertain whether or not the trading of partnership interests is a taxable event.

·         Specify who may acquire the seller’s property in contemplation of an exchange, and negotiate a transfer to the buyer subsequent to the closing time.

·         Establish in what type of exchange, if ever, an accommodator ever owns replacement property.

·         Indicate what generally happens to the exchange basis when calculating depreciation on property received in an exchange, and what convention must be used for depreciating the exchanged basis.

·         Decide if a depreciation deduction is allowed for property disposed of in a like-kind exchange in the same taxable year that the property was placed in service.

·         Decide how to best depreciate real property received in exchange with a shorter life and different method than the property given.

 

Prerequisites: A basic understanding of tax preparation.

Program Level: Update

Program Published to the Web: November 2007

No advance preparation required.

 
2007-2008 Payroll & Self-Employment Federal Tax Update
Course Nbr: HOV59 Credits: 1.00 Run Time: 47m
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Highlights of this Chapter:

·         Discussing how the IRS is ramping up their tip compliance programs.

·         Examining, in-depth, the factors used to determine if a worker is an employee or an independent contractor.

·         Studying the employee vs. independent contractor safe harbor rules.

·         Glancing at the statutory employee status that seems to be interesting the IRS this year.

·         Evaluating a controversy on the exemption from FICA for early retirement pay to tenured teachers.

·         Probing the final regulations that require all businesses to report all payments to attorneys on Form 1099-MISC.

·         And closing with an in-depth discussion on the 100% trust fund penalty.

 

Learning Objectives:

·         Identify the charged tip rate for an establishment complying with the IRS’s new tip reporting procedure, the Attributed Tip Income Program (ATIP); and what amount of an employer’s taxes the business tax credit equals for tips in excess of those treated as wages.

·         Specify how many factors the IRS tests to assess the degree of control that an employer has over an employee or independent contractor; and which factor the IRS no longer mentions.

·         Decide what happens after the IRS delivers the Publication 1976, alerting a business to an improper worker classification raised in an audit; on whom lies the burden of proof in an employee v. independent contractor audit; and what kind of case a taxpayer has when presenting evidence that will allow the taxpayer to prevail in such an audit, unless the government can present contradictory evidence.

·         Establish whether or not §530 relief can be denied on the basis that the Form 1099 was not filed even when the worker received less than $600; and why, in two specific court cases, certain taxpayers lost their §530 relief.

·         Indicate what activity is subject to self-employment tax; and what the self-employment tax rate is in 2007.

·         Recollect what type of tax is optional for statutory employees; and where statutory employees report W-2 wages.

·         Recall what the 6th Circuit Court deemed early retirement payments to tenured teachers; and which Court ruled that such payments were not wages subject to FICA.

·         Ascertain when payments to attorneys must be reported to the IRS.

·         Determine if the IRS must notify “responsible persons” that a trust fund recovery penalty will apply; and what individuals the IRS can generally hold personally liable for taxes withheld from employees but not deposited with the government.

 

Prerequisites: A basic understanding of tax preparation.

Program Level: Update

Program Published to the Web: November 2007

No advance preparation required.

 
2007-2008 Limited Liability Company (LLC) & Partnership Federal Tax Update
Course Nbr: HOV62 Credits: 1.00 Run Time: 38m
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In this course, Vern discusses the current cases and rules affecting partnership and LLC taxation.

 

Highlights of this Chapter:

·         Reviewing the Schedule M-3 schedule for partnerships.

·         Finding out if LLC members can be treated as employees for withholding tax purposes.

·         Finding out if LLC members are subject to self-employment tax.

·         Closing with a fascinating discussion on why an LLC is superior to an S corporation ... and why an S corporation is superior to an LLC!

 

Learning Objectives:

·         Specify what type of partnership is required to file the Schedule M-3.

·         Indicate when the Modernized e-file will become the only e-file platform for partnership returns.

·         Establish whether or not a husband-wife partnership may report income or loss on two Schedule Cs.

·         Recognize whose distributive share of income is subject to self-employment tax, and when; and cite why the Court in Timothy Harris v. Comm. ruled that Harris was required to report his distributive share of partnership income.

·         Indicate when a lender-borrower relationship is most likely a partnership.

·         Identify in what certain service businesses partners can never become “limited” partners for purpose of the self-employment tax, according to controversial proposed regulations; and what percentage of ownership in a class of interest is considered “substantial” for a limited partner.

·         Ascertain the characteristics of an LLC, including a single-member LLC; recall how an LLC, with proper drafting of the LLC agreement, will be characterized for federal income tax purposes; establish whether or not a single owner of a single-member LLC can continue to file a Form 1040, Schedule C for federal tax purposes; and indicate what the Courts have ruled regarding the liability of an single-person LLC owner.

·         Specify the major advantage an S corporation has over an LLC.

·         Select what type of general partnership protects the owner’s personal assets when another partner is sued for malpractice.

·         Recognize which method for converting an entity is a tax free transaction.

·         Decide which entity is not taxed when assets are distributed in a complete liquidation.

 

Prerequisites: A basic understanding of tax preparation.

Program Level: Update

Program Published to the Web: November 2007

No advance preparation required.

 
2007-2008 IRS Practice & Procedures Federal Tax Update
Course Nbr: HOV63 Credits: 3.00 Run Time: 1h 50m
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In this course, Vern discusses the current cases and rules affecting the tax preparer’s relationship with the IRS.

 

Highlights of this Chapter:

·         Examining the new “more likely than not” standard to be used to penalize tax preparers, and the quadrupling of the penalty.

·         Researching the changes in our ethics, Circular 230, and what we have to do every time we give tax advice in the future.

·         Discussing the new, and very aggressive, IRS tactics used against professional tax preparers.

·         Glancing at the second round of the “audit from hell” against individual taxpayers.

·         Seeing who is being audited, and who isn’t.

·         Looking at some tax gap statistics.

·         Recognizing the ten most litigated tax issues.

·         Learning about the current tax scams hitting our clients.

·         Identifying future IRS audit areas.

·         Knowing the impact the Bankruptcy Act has on tax preparers.

·         Catching up on what’s happening in the world of tax shelters.

·         Identifying the IRS’s electronic options.

·         Discussing the numerous methods the IRS uses to reconstruct unreported income.

·         Laughing at the IRS’s attempt to “outsouce” the collection of unpaid taxes.

·         Learning the time limits on filing for a tax refund... unless its called a deposit.

·         Catching up on how Congress made offers-in-compromise even more unattractive.

·         Marveling at the IRS’s program directed at fraudulent tax preparers.

·         Understanding the controversy surrounding the rule allowing tax preparers to sell client information to telemarketers.

·         Scanning how the IRS has radically raised their user fees, making it much more expensive to contact them when trying to avoid a future problem.

·         And closing with an in-depth discussion of the innocent spouse relief provision.

 

Learning Objectives:

·         Identify levels of confidence Congress defines for tax preparers when signing client’s tax returns; when said definitions go into effect; and what the penalty is for signing a return with a known understatement.

·         Indicate what changes the Office of Professional Responsibility (OPR) proposed for Circular 230.

·         Recall the largest component of the tax gap; by how much the IRS increased business audits in attempts to close the tax gap; and which taxpayers have the highest chance of being audited.

·         Name the organization available to taxpayers who have ongoing issues with the IRS.

·         Establish whether or not Congress has been asked to repeal AMT!

·         Recognize the area of greatest tax litigation; and the main reason why charitable contribution cases are litigated.

·         Specify a specific internet tax scam that targets taxpayers; how to contact the IRS about potential tax scams; and the possible penalty for pursuing frivolous arguments before the Tax Court.

·         Establish whether or not federal tax debts incurred within three years of filing for bankruptcy are dischargeable.

·         Cite the results of two large tax shelter cases: KPMG and Sidley & Austin.

·         Stipulate requirements for electronically filing tax returns.

·         Identify methods the IRS uses to reconstruct income, and who is saddled with the burden of proof in such cases.

·         Establish whether or not taxpayers may opt out of private debt collection; and how much commission such “outsourced” debt collection agencies can charge.

·         Decide the date on which the Small Business Tax Act extends the period before which accrual of interest and certain penalties are suspended, regarding any IRS notice sent to a taxpayer specifically stating the taxpayer’s liability and the basis for the liability.

·         Select what happens to the statute of limitations when a taxpayer omits 25% of the amount of gross income stated in the return.

·         Recollect what option a taxpayer unable to pay taxes is using when she or he pays a 20% down payment.

·         Acknowledge how the IRS applies the payment in an offer-in-compromise.

·         Establish whether or not a spouse is deemed to have actual knowledge of the understatement if a reasonably prudent taxpayer in his or her position at the time of signing the return could be expected to know that the return contained the understatement; and when a spouse need not establish that at the time he or she signed the joint return he or she did not know, and had no reason to know, that there was an understatement of tax.

 

Prerequisites: A basic understanding of tax preparation.

Program Level: Update

Program Published to the Web: November 2007

No advance preparation required.

 
2007-2008 IRA & Individual Retirement Federal Tax Update
Course Nbr: HOV55 Credits: 2.00 Run Time: 1h 5m
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In this course, Vern discusses the current cases and rulings affecting IRA and individual retirement plans.

 

Highlights of this Chapter:

·         Looking at new legislation affection pensions, including the Pension Protection Act of 2006 and the Heros Act.

·         Reviewing the rules affecting traditional and Roth IRAs.

·         Checking in on all the inflation adjustments that affect the amount that can be contributed into IRAs.

·         Evaluating the new slick change allowing non-spouse beneficiaries to received inherited IRAs.

·         Reviewing the age-50 catch-up contribution rules.

·         Analyzing the option permitting employees to contribute their elective deferrals into a Roth IRA.

·         Examining the pros and cons of investing pension funds in real estate.

·         Comparing the good, and the bad, excuses used by taxpayers this year to seek a waiver of the 60-day IRA rollover requirement.

·         Review the current minimum retirement distribution rules.

·         Determining if we can deduct IRA losses.

·         And closing with an in-depth discussion on the exceptions to the 10% early withdrawal penalty.

 

Learning Objectives:

·         Recognize several new tax changes enacted by the Pension Protection Act of 2006 and the Heroes Earned Retirement Opportunities Act (HERO).

·         Select the maximum annual dollar contribution limit for IRA contributions in 2007.

·         Decide whether amounts held in a Roth IRA are or are not includible in income, and whether or not they are subject to the additional 10% tax on early withdrawals.

·         Recall appropriate minimum distribution rules for determining the amount eligible for rollover by a nonspouse beneficiary, if a participant of a 401(k) plan dies in 2006 before his beginning date.

·         Recognize when distributions from a qualified retirement account of a decedent not yet 70½  to a non-spouse beneficiary may be rolloved tax free.

·         Identify the dollar limit on annual elective deferrals under a SIMPLE plan for 2007.

·         Recollect the catch-up contribution limit for individuals age 50 or more for a 401(k) plan in 2007.

·         Decide whether a qualified plan may invest in rental real estate.

·         Specify the appropriate user fee for a request of a waiver of the 60 day rollover period, for specific rollover amounts.

·         Ascertain when minimum required distributions begin, as well as the amount of such distributions, for individuals, and their spouse and nonspouse beneficiaries.

·         Establish which early distributions are exempt from the 10% early withdrawal penalties.

·         Indicate whether or not gains and losses are taxable when stock is sold in an IRA.

·         Value the amount of gain or loss that may be recognized when an individual closes her or his Roth IRA.

 

Prerequisites: A basic understanding of tax preparation.

Program Level: Update

Program Published to the Web: November 2007

No advance preparation required.

 
 
2007-2008 Individual & Employee Federal Tax Update
Course Nbr: HOV54 Credits: 5.00 Run Time: 3h 44m
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In this course, Vern discusses the current cases and rulings affecting individual taxation.

 

Highlights of this Chapter:

·         Analyzing the most recent major tax legislative changes, including the Small Business and Work Opportunity Tax Act of 2007 and the Pension Protection Act of 2006.

·         Seeing how the partial elimination of the personal exemption will increase everyone’s tax refund in 2007 – and some individuals will receive a second increase in refund, but only if they will be filing Schedule A, as the 3% haircut has been reduced to 2%.

·         Examining how some high-income families are benefiting from the new uniform definition of a “qualifying child.”

·         Determining who gets the dependency exemption in a divorce – and the new Congressional solution when the divorce decree grants the dependency exemption to the noncustodial parent.

·         Glancing at the 2007 capital gain rates.

·         Understanding why many senior citizens will experience a radical increase of their Medicare B premiums.

·         Discussing the new foreign income exclusion.

·         Examining the numerous cancellation-of-debt cases.

·         Studying the taxation on age, sex or racial discrimination awards.

·         Working through the new Health Saving Accounts rules.

·         Marveling at the ways divorce attorneys can screw up the alimony requirements.

·         Dissecting the new, and much more difficult, charitable contribution recordkeeping rules and the wonderful new rule on transferring IRA funds directly to a charity.

·         Understanding the problems trying to deduct gambling losses.

·         Discussing the problems President Bush’s tax reduction created with the AMT computation and what Congress is planning to do to give relief.

·         Examining the radical tax increase experienced by some children under the ages of 19 or 24.

·         Probing the new expansive dependent care regulations.

·         Looking at the countless individual tax credits, including the dependent care credit, the new hybrid vehicle credit, the education HOPE credit, and the adoption credit.

·         Discussing what home improvements qualify for the energy-efficient improvement and solar panel credits.

·         And closing with a discussion on the different payment options available to the taxpayer.

 

Learning Objectives:

·         Recognize several tax changes effective in 2007.

·         Identify who may or may not be a “qualifying child.”

·         Ascertain personal exemption amounts.

·         Decide who may or may not be a custodial parent in a divorce.

·         Indicate which capital gain rates apply to a specific tax bracket.

·         Specify Medicare B Premium Surcharge amounts for single and married taxpayers.

·         Recall recent court cases informing: foreign earned income exclusion rules; cancellation of debt requirements; and what injury or sickness and punitive damages compensation is includable in or excludable from income.

·         Identify who is eligible to establish and contribute to a Health Savings Account.

·         Select what types of payments are deductible as alimony.

·         Recollect 2007 standard deduction amounts and when the itemized deduction limitation is repealed.

·         Establish whether or not an IRA distribution is a qualified charitable contribution, how much an individual can distribute from her or his IRA for a tax-free charitable contribution

·         Establish when a qualified appraisal is required in order to deduct a charitable contribution.

·         Recall how to substantiate and report gambling losses and winning.

·         Recognize the 2007 AMT credit phase-out amounts, and how much “long-term unused minimum tax credit” is refundable in the current year.

·         Recollect what unearned income includes for kiddie tax purposes, and what the exemption amount is for 2007.

·         Ascertain what establishes a “qualifying individual” for the Dependent Care Credit, and what maximum amount the credit is worth.

·         Interpret whether a paid amount qualifies for an employment-related expense for the Dependent Care Credit, and decide how much an individual can exclude for qualified expenses.

·         Indicate what impact, if any, the WFTRA-2004 had on the Child Tax Credit (the “Kiddie” Credit).

·         Decide when the adoption credit is phased out, based on a taxpayer’s AGI.

·         Specify a taxpayer’s income limits and the maximum benefit allowed for the Higher Education Tax Deduction.

·         Isolate the 2007 credit amount for a specific qualified alternative fuel motor vehicle, and what residential item qualifies for the energy-efficient improvement credit.

·         Select the appropriate user fee for new installment agreements, and the late payment penalty amount for an approved online payment agreement for installment payments.

 

Prerequisites: A basic understanding of tax preparation.

Program Level: Update

Program Published to the Web: November 2007

No advance preparation required.

 

2007-2008 Estates, Trusts & Beneficiaries Federal Tax Update
Course Nbr: HOV57 Credits: 1.00 Run Time: 46m
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In this course, Vern discusses the current cases and rules affecting gift, estate and trust taxation.

 

Highlights of this Chapter:

·         Starting with a primer on filing Form 706, the estate tax return and Form 709, the gift tax return.

·         Examining the legislative changes in store for estate and gift taxation.

·         Analyzing the 2007 cases and rulings affecting estates and gifts.

·         Discussing, extensively, family limited partnerships.

·         Studying the numerous valuation methods used to establish an estate’s or gift’s fair market value.

·         Glancing at the generation skipping trust.