Author Topic: Any tax lawyers here?  (Read 1668 times)

Offline ashers

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Any tax lawyers here?
« on: December 24, 2012, 04:34:14 PM »
If I get a 1099 misc can I file it as a W2?
What is the risk in a case of an audit?
The difference in my refund is close to 7k....
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Offline meshugener

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Re: Any tax lawyers here?
« Reply #1 on: December 24, 2012, 06:10:17 PM »
Whoo, didn't know they make a difference. How about a reg 1099, would that make a difference on return?
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Offline MarkS

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Re: Any tax lawyers here?
« Reply #2 on: December 24, 2012, 07:08:21 PM »
No you can't. Filing a 1099 as a W-2 would probably be an instant red flag for an Audit. If someone filed a 1099 saying that you made $X,XXX and the IRS doesn't see that on your return they would probably automatically reject your return.

The risk in an audit would probably be you owing the 7K back to the IRS with interest and penalties.

Here are the penalties/interest amounts:
20% Penalty - This generally applies to the portion of any tax underpayment associated with overvaluation or undervaluation of property, negligence, disregard of IRS rules and regulations, and substantial understatement of tax liability.

75% Penalty - This typically applies to more serious tax underpayments that are due to fraud. If the IRS determines that any portion of the underpayment is fraud related, it will be your responsibility to prove otherwise. Otherwise, the entire underpayment will be treated as fraudulent and subject to a 75% penalty.

Interest Due - For violations such as fraud, negligence, failure to file on time and over or undervaluation of property, interest will accumulate from the due date of your return (including extensions) until the date the penalty is paid. For other penalties, interest is not charged if the imposed penalty is paid within 21 days (for penalties under $100,000).

Prison - In the most serious cases of tax evasion and other tax crimes, a conviction can result in much more significant fines, the forfeiture of assets/property and possibly incarceration.



Offline rots5

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Re: Any tax lawyers here?
« Reply #3 on: December 24, 2012, 07:16:07 PM »
No you can't. Filing a 1099 as a W-2 would probably be an instant red flag for an Audit. If someone filed a 1099 saying that you made $X,XXX and the IRS doesn't see that on your return they would probably automatically reject your return.

The risk in an audit would probably be you owing the 7K back to the IRS with interest and penalties.
A
Here are the penalties/interest amounts:
20% Penalty - This generally applies to the portion of any tax underpayment associated with overvaluation or undervaluation of property, negligence, disregard of IRS rules and regulations, and substantial understatement of tax liability.

75% Penalty - This typically applies to more serious tax underpayments that are due to fraud. If the IRS determines that any portion of the underpayment is fraud related, it will be your responsibility to prove otherwise. Otherwise, the entire underpayment will be treated as fraudulent and subject to a 75% penalty.

Interest Due - For violations such as fraud, negligence, failure to file on time and over or undervaluation of property, interest will accumulate from the due date of your return (including extensions) until the date the penalty is paid. For other penalties, interest is not charged if the imposed penalty is paid within 21 days (for penalties under $100,000).

Prison - In the most serious cases of tax evasion and other tax crimes, a conviction can result in much more significant fines, the forfeiture of assets/property and possibly incarceration.


Now this is why ur OUR accountant. Kol hakavod. And much hatzlacha
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Offline MarkS

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Re: Any tax lawyers here?
« Reply #4 on: December 24, 2012, 07:17:13 PM »
Now this is why ur OUR accountant. Kol hakavod. And much hatzlacha
For the record, the italics were provided by a google search....

Offline rots5

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Re: Any tax lawyers here?
« Reply #5 on: December 24, 2012, 07:18:32 PM »
[quo te author=MarkS link=topic=23465.msg370583#msg370583 date=1356394633]
For the record, the italics were provided by a google search....
[/quote] it don't mean ur not good at what u do. Plus tax law is part 4 of ur CPA. So its fresh :-)
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Offline MarkS

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Re: Any tax lawyers here?
« Reply #6 on: December 24, 2012, 07:20:44 PM »
[quo te author=MarkS link=topic=23465.msg370583#msg370583 date=1356394633]
For the record, the italics were provided by a google search....
 it don't mean ur not good at what u do. Plus tax law is part 4 of ur CPA. So its fresh :-)
Umm, you can take the 4 exams in any order you want. I took REG (Tax) first so it was about a year ago. And as I've made disclaimers in the past, I don't work in Tax so I don't claim to be a tax expert.

Offline rots5

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Re: Any tax lawyers here?
« Reply #7 on: December 24, 2012, 07:23:32 PM »
Umm, you can take the 4 exams in any order you want. I took REG (Tax) first so it was about a year ago. And as I've made disclaimers in the past, I don't work in Tax so I don't claim to be a tax expert.
i hear. Ok so ur bad lol. Jk. Good luck and hatLacha with wtvr part of acct u do. 
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Offline MarkS

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Re: Any tax lawyers here?
« Reply #8 on: December 24, 2012, 07:25:09 PM »
i hear. Ok so ur bad lol. Jk. Good luck and hatLacha with wtvr part of acct u do. 
Kol Hakavodee!