Ask Phil: Employee Retention Credit

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses the Employee Retention Credit (ERC), including the rise in scams surrounding the credit. 

The Employee Retention Credit (ERC) is a tax credit introduced in response to COVID-19 to provide financial relief to businesses that have experienced economic hardships due to the pandemic. It encourages employers to retain their employees on payroll by offering a refundable tax credit against certain employment taxes.  

Lately, there has been a rise in advertisements for the ERC by third parties claiming that they can help businesses obtain the credit easily for a fee. The issue at hand is that not all of these businesses actually qualify, and these third parties knowingly proceed with the application, leaving the businesses exposed to potential stressful IRS audits that can result in a hefty tax bills.  

Before trusting any of these third parties, taxpayers should be sure to do their own research about the eligibility requirements. In addition, they should reach out to a trusted tax professional to give a second opinion. If you have already been duped by an ERC scammer, you may feel more at ease letting a professional team of tax experts handle the IRS for you. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

As of September 14, 2023, the IRS has halted new Employee Retention Credit processing due to the astounding amount of fraudulent applications. The halt is set to last at least until the end of 2023 and could be extended longer if necessary. 

Don’t miss next week’s episode where Phil will discuss marriage and taxes. See you next Friday!  

If You’ve Fallen Victim to an ERC Scam, Contact Us Today for a Free Consultation 

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How Are Trusts Taxed?

how are trusts taxed?

Trusts play a crucial role in estate planning and wealth management, allowing individuals to protect and distribute their assets according to their wishes. However, navigating the complex landscape of trust taxation can be daunting. In this article, we will break down the intricacies of how trusts are taxed, helping you gain a better understanding of this essential aspect of financial planning. 

What Is a Trust? 

Before delving into trust taxation, let’s briefly review what a trust is. A trust is a legal entity that holds assets for the benefit of specific individuals or entities, known as beneficiaries. Assets can include property, cash, heirlooms, and others. Trusts are created by a grantor who transfers assets into the trust. A third-party trustee is then appointed to manage and administer these assets in accordance with the trust’s terms. 

Revocable vs. Irrevocable Trusts  

Trusts are not one-size-fits-all; they come in various forms, each with its own tax implications. The two primary classifications of trusts are: 

  • Revocable Trusts: Also known as living trusts, revocable trusts can be altered or revoked by the grantor during their lifetime.  
  • Irrevocable Trusts: Once established, irrevocable trusts cannot be easily changed or revoked without the consent of the beneficiaries.  

Understanding Trust Taxation 

Now, let’s explore the taxation of trusts in more detail. Grantor trusts and non-grantor trusts are two common classifications of trusts used in estate planning. The primary difference between them lies in how they are treated for tax purposes and who is responsible for paying taxes on the trust’s income. 

Grantor Trusts 

For tax purposes, grantor trusts are considered transparent. This means that the income generated by the trust is typically reported and taxed on the grantor’s individual income tax return (Form 1040). The trust itself does not file a separate income tax return.  

The grantor can make changes to or even revoke the trust at any time. That said, all revocable trusts are grantor trusts. Because the grantor maintains control over the trust assets, they are treated as the owner for tax purposes. Upon the grantor’s death, the trust may become irrevocable, and the assets may be subject to estate taxes if they exceed the applicable exemption limits. 

Non-Grantor Trusts  

For tax purposes, non-grantor trusts are generally considered separate tax entities. They obtain their taxpayer identification number (TIN) and must file their own income tax return (Form 1041) with the IRS. Schedule K-1 is used to report distributions made to the beneficiaries of the trust. 

Non-grantor trusts are either taxes as a simple non-grantor trust or a complex non-grantor trust. Simple non-grantor trusts require beneficiaries to pay income taxes on any income generated by the trust. The trust is responsible for any capital gains taxes. Complex non-grantor trusts may allow taxes to be paid by beneficiaries, the trust itself, or both.  

Tax Rates for Trusts 

Trust Income Tax Rates 

Income from a grantor trust is taxed as ordinary income. The federal income tax rates for trusts are much higher than marginal tax rates. In 2023, the trust income tax rates are as follows: 

  • 10%: $0 – $2,900 
  • 24%: $2,901 – $10,550 
  • 35% $10,551 – $14,450: 
  • 37% $14,451+ 

Trust Capital Gains Tax Rates  

When assets within a trust are sold or transferred, capital gains tax may apply. The tax rate varies depending on factors such as the type of asset, the holding period, and the trust’s overall income. For example, short-term capitals gains are taxed like ordinary income, while long-term capital gains for trusts follow these tax rates in 2023: 

  • 0%: $0 – $3,000 
  • 15%: $3,001 – $14,649 
  • 20%: $14,650+ 

Net Investment Income Tax Rates  

Irrevocable trusts may also be subject to the net investment income tax (NIIT) on certain capital gains. This is a 3.8% tax on either the trust’s undistributed net investment income, or the excess of adjusted gross income over $14,450, whichever is less.  

Gift Tax Rates  

The transfer of assets into an irrevocable trust may be subject to gift tax if it exceeds the annual gift tax exclusion amount. In 2023, the annual gift tax exclusion amount is $17,000 per beneficiary and the lifetime gift tax exclusion amount is $12.92 million. Any gifts over these exclusion amounts may be subject to a federal excise tax, which ranges from 18% to 40%. This tax is paid by the donor, not the recipient. However, recipients may be required to pay a capital gains tax if they sell the gifted property later.  

Tax Help for Trust Grantors 

Trust taxation is a complex subject that requires careful consideration and planning. The type of trust you choose, how it is structured, and how it is used can all impact the tax consequences. To navigate trust taxation effectively, it’s essential to consult with experienced financial and legal professionals who can provide tailored guidance based on your specific circumstances. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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ERC Scams Are on the Rise – Don’t Fall Victim

The IRS issued warnings to businesses of a rise in Employee Retention Credit scams. Optima CEO David King and Lead Tax Attorney Philip Hwang provide helpful guidance on how to recognize the warning signs of an ERC scam and what to do if you’ve already fallen victim to one.

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How Does Alimony Affect Your Taxes?

how alimony affects your taxes

Divorce can be a complex and emotionally challenging process, with numerous financial and legal considerations to address. One crucial aspect often overlooked is the impact of alimony on your taxes. Alimony, also known as spousal support or maintenance, is a regular payment made by one spouse to another after divorce or separation. While it’s essential to ensure financial stability for the receiving spouse, it’s equally important to understand the tax implications of alimony, as they can significantly affect your financial situation. In this article, we’ll explore how alimony affects your taxes and what you need to be aware of during and after divorce. 

Tax Treatment of Alimony Payments 

One of the most critical aspects of alimony is how it is treated for tax purposes. Understanding this treatment is essential for both the paying and receiving spouses, especially since the laws have recently changed under the Tax Cuts and Jobs Act (TCJA) of 2017. 

For the Paying Spouse: 

The key date to remember is December 31, 2018. If your divorce was final on or before this date, alimony payments are generally tax-deductible, even if you don’t itemize your deductions. This means that if you’re the spouse making alimony payments, you can deduct these payments from your taxable income to reduce your overall tax liability. However, if your divorce was final after December 31, 2018, the payments cannot be deducted. 

For the Receiving Spouse: 

Alimony received is considered taxable income if your divorce was legal on or before December 31, 2018. This means that if you’re the spouse receiving alimony, you must report these payments as income on your tax return and you’ll owe income tax on the alimony you receive. However, if your divorce was final after December 31, 2018, the payments are not considered taxable income. 

Requirements for Alimony to Be Tax Deductible 

Not all payments between former spouses qualify as alimony for tax purposes. To ensure that alimony is tax-deductible for the paying spouse and taxable income for the receiving spouse, certain criteria must be met: 

  • The payments must be made under a divorce or separation agreement. Informal arrangements do not qualify for tax benefits. 
  • The payments must be in cash, money order, or check. Property transfers or non-cash payments are generally not considered alimony. 
  • The divorce or separation agreement must not designate the payments as non-deductible and non-taxable. Both parties should be aware of the tax implications. 
  • The spouses must not be living in the same household when the payments are made. Cohabitating ex-spouses may not claim alimony deductions or pay taxes on the received amount. 
  • The spouses must not file a joint tax return with their ex-spouse. 

Changes in Tax Law 

It’s important to keep in mind that tax laws can change over time. While the Tax Cuts and Jobs Act (TCJA) of 2017 made significant changes to the tax treatment of alimony, it’s possible that future legislation may alter these rules. Therefore, it’s advisable to consult with a tax professional or attorney who specializes in family law to stay up to date with any tax law changes that may affect your alimony arrangement. 

Tax Help for Those Who Pay or Receive Alimony 

Alimony can play a crucial role in ensuring financial stability for spouses after divorce or separation. However, understanding the tax implications of alimony is essential to avoid unexpected financial consequences. Whether you’re the paying or receiving spouse, it’s wise to seek professional guidance from tax experts or legal professionals who can help you navigate the complex terrain of alimony and taxation. By staying informed and following the IRS guidelines, you can ensure that your alimony arrangement is both fair and tax compliant. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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Ask Phil: Mitigating & Removing IRS Penalties & Interest

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses penalties and interest again, but this time gives tips on how to mitigate and even remove them.  

Penalties and interest can quickly get out of hand. The best way to mitigate them is to pay your tax liability. We understand that this may not be an option for everyone. If you can’t pay your tax bill in full, you can set up an installment agreement with the IRS. This will reduce your penalty from a 0.5% accrual per month to 0.25% per month.  

If you’re looking to remove your penalties and interest, you have some options. The IRS offers penalty abatement for reasonable cause and first-time abatement. To request penalty relief for reasonable cause, you must prove to the IRS that you tried to file or pay but could not. Examples can include fires, natural disasters, inability to obtain records, death, serious illness, system issues, and some others. It does not include a reliance on a tax profession, lack of ignorance, errors, or lack of funds. 

The IRS also offers penalty abatement by administration waiver, more commonly known as first-time abatement. You can request a first time abate if you failed to file, failed to pay, or failed to deposit. To qualify, you must have a good history of tax compliance and did not have any penalties during the prior 3 years, or a penalty was removed for good reason other than a first-time abatement. 

 While interest cannot be removed from your account, it can be adjusted if penalties are abated. Only the interest related to the abated penalty will be reduced or removed. 

Don’t miss next week’s episode where Phil will discuss the Employee Retention Credit. See you next Friday!  

If You Need Help Removing Your IRS Penalties, Contact Us Today for a Free Consultation 

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Tax Differences Between Short-Term and Long-Term Rentals

tax differences between short term and long term rentals

The taxation of long-term and short-term rentals can differ significantly. These differences are primarily driven by the distinct nature of these rental arrangements and the objectives of tax authorities. Here’s an overview of the key differences in how long-term and short-term rentals are taxed.  

The 14-Day Rule 

Under the 14-day rule, if you rent out your primary residence or a second home for 14 days or fewer during the tax year, you are generally not required to report the rental income on your federal income tax return. In other words, the income you earn from these short-term rentals is tax-exempt. To qualify, you must have also occupied the property for at least 14 days. 

While you don’t have to report the rental income if you stay within the 14-day limit, you also cannot deduct rental-related expenses, such as advertising, cleaning, and maintenance, against that income. However, you can deduct property taxes and mortgage interest paid. It’s important to note that the 14-day rule is a federal tax provision, and state and local tax laws may vary. 

Active vs. Passive Income 

If you have a rental property, how you are taxed also depends on whether your income is passive or active.  

Passive Rental Income 

Usually, rental income is considered passive, meaning it doesn’t require active participation. This is usually the case for long-term rentals in which you might just collect a rent check each month. This income is generally taxed at the same rate as your regular income. In addition, you may deduct operating expenses including advertising, commissions, repairs, maintenance, landscaping, insurance, HOA fees, property taxes, mortgage interest, depreciation, and more. Passive rental income should be reported on Schedule E of Form 1040.  

Active Rental Income 

There are a few instances in which rental income becomes active. These include: 

  • If you are classified as a real estate professional (work at least 750 hours in real estate per year, and 50% of work being in real estate) 
  • If you are renting your property through an LLC or S Corporation 
  • If you have short-term rentals (STRs) that have an average stay length of 7 days or less 
  • If you occupy your rental for more than 14 days, or 10% of the number of days the property is rented out 
  • If you provide “substantial services” to your tenants, including meals, transportation, daily housekeeping, and more. 

If one of these scenarios applies to you, your income will likely be considered active in the IRS’s eyes. This means the IRS will consider you to be self-employed and will require you to pay self-employment tax. On the other hand, you can deduct up to $25,000 of loss from activity if you are single or married filing jointly, and up to $12,500 if you are married but file separately. Active rental income and expenses should be reported on Schedule C. Qualified expenses include rental expenses like advertising, credit checks, and agency fees. You can also deduct general expenses like cleaning fees, repairs, depreciation, mortgage interest, property taxes, utilities, etc. However, you may only deduct a percentage of general expenses that is equal to the occupancy rate for the year. For example, if your rental was occupied for 150 days out of the year, you could deduct 41% of the expenses (150/365).  

Tax Help for Those with Rental Income 

It’s essential for property owners to be aware of the tax implications associated with their rental activities and to consult with tax professionals or local authorities to ensure compliance with relevant tax laws and regulations. Tax laws can vary significantly by jurisdiction, so it’s crucial to stay informed about the specific rules that apply to your rental situation. Additionally, tax laws and regulations can change over time, so regular updates and compliance checks are essential for all rental property owners. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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Tax Deductions You Can Claim Without Itemizing

tax deductions you can claim without itemizing

Tax season can be a stressful time for many individuals, but it can also bring some relief in the form of deductions that can lower your overall tax liability. While itemizing deductions can often yield significant tax savings, not everyone has enough eligible expenses to make it worthwhile. However, you can still benefit from various tax deductions without the need to itemize your deductions. In this article, we’ll explore some of the tax deductions you can claim without itemizing. 

Traditional IRA Contributions 

Contributions to a Traditional Individual Retirement Account (IRA) are tax-deductible up to certain limits. For the tax year 2023, you can contribute up to $6,500 ($7,500 if you’re 50 or older) and deduct that amount from your taxable income. Keep in mind that Roth IRAs are not eligible for this deduction. 

HSA Contributions 

Contributions to your Health Savings Account (HSA) are tax-deductible, and you don’t need to itemize to claim this deduction. HSAs are a great way to save for future medical expenses while reducing your taxable income. For the tax year 2023, you can contribute up to $3,850 if you are an individual and up to $7,300 if you have family coverage. In addition, those who are 55 or older can contribute an extra $1,000 per year. 

Early Withdrawal Penalties 

If you had to pay penalties for early withdrawal of savings from a CD or other interest-bearing account, you can deduct those penalties without itemizing. This does not include early withdrawals from retirement accounts.  

Student Loan Interest 

If you have student loans, you can deduct up to $2,500 of the interest paid on those loans, even if you don’t itemize deductions. This deduction is subject to income limitations. Specifically, the amount you are able to deduct begins to phase out at $70,000 in AGI and is completely eliminated for those who earn more than $85,000 a year. For married couples, these amounts increase to $145,000 and $175,000 respectively. 

Educator Expenses 

If you’re a teacher or educator, you can deduct up to $300 of unreimbursed expenses for classroom supplies and materials. This deduction can help offset some of the out-of-pocket costs associated with teaching. 

Alimony Payments 

If you make alimony payments as part of a divorce or separation agreement finalized before 2019, you can deduct those payments without itemizing. However, this rule doesn’t apply to agreements made after December 31, 2018. 

Self-Employed Expenses 

If you’re self-employed, you can deduct half of your FICA taxes paid during the year. In addition, if you paid health insurance premiums, you can deduct these costs as an adjustment to your income, reducing your taxable income. This includes any premiums paid for your spouse and children. There are some limitations here so please consult a qualified tax professional before claiming this deduction.  

Moving Expenses (for Military Personnel) 

Members of the military who move due to a permanent change of station (PCS) can deduct certain moving expenses, such as travel and lodging costs, even if they don’t itemize deductions.  

Conclusion 

While itemizing deductions can provide substantial tax benefits for some taxpayers, it’s not necessary for everyone. These deductions you can claim without itemizing can still help lower your tax liability and put more money back in your pocket. It’s essential to stay informed about the latest tax laws and consult with a tax professional if you have any questions about your specific situation. By taking advantage of these deductions, you can optimize your tax return and keep more of your hard-earned money. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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2023 IRS Mileage Rates

2023 irs mileage rates

As the year 2023 unfolds, it brings a host of changes, and among them are the updated IRS mileage rates. For many, this may seem like a mundane topic, but it holds significance for countless individuals and businesses across the United States. Whether you’re a self-employed freelancer, a small business owner, or an employee who uses your vehicle for work-related purposes, understanding the 2023 IRS mileage rates is crucial. In this article, we’ll delve into what these rates are, why they matter, and how they may impact you. 

What Are IRS Mileage Rates? 

The IRS mileage rates, also known as the standard mileage rates, are set by the IRS to determine the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. These rates are designed to simplify the process of calculating deductions for vehicle-related expenses.  

Why Do IRS Mileage Rates Matter? 

  1. Tax Deductions: The most obvious reason IRS mileage rates matter is their impact on tax deductions. If you use your vehicle for eligible purposes, you can deduct a portion of your vehicle-related expenses from your taxable income using these rates. This is a much easier way to claim a deduction rather than tracking actual vehicle expenses, like depreciation, gas, insurance, and more.  
  1. Cost Management: For businesses, the IRS mileage rates play a crucial role in cost management. They help companies determine and reimburse employees for the use of their personal vehicles for business purposes, offering a fair and consistent way to cover these costs. 
  1. Record-Keeping: The IRS mileage rates simplify record-keeping, as they provide a standard rate for mileage deductions. This eliminates the need to track every individual expense related to your vehicle and allows you to use a straightforward calculation. 

The 2023 IRS Mileage Rates 

As of 2023, the IRS mileage rates have been adjusted to reflect changes in the cost of operating a vehicle. These rates are as follows: 

  • Business Mileage Rate: The standard mileage rate for business-related driving in 2023 is 65.5 cents per mile. This is an increase from the 2022 rate of 62.5 cents per mile. If you use your vehicle for business purposes, this rate can be used to calculate your deductible expenses. For example, if you travel 10,000 miles for business purposes in 2023, you can deduct $6,550 using the standard mileage rate (10,000 miles x $0.655). 
  • Medical and Moving Mileage Rate: For medical-related travel and moving expenses, the IRS mileage rate for 2023 is 22 cents per mile. Individuals who have eligible medical expenses or are moving for work can use this rate to claim deductions. 
  • Charitable Mileage Rate: The mileage rate for driving for charitable purposes remains unchanged at 14 cents per mile. This rate is set by law and is typically not subject to annual adjustments. 

Impact on Individuals and Businesses 

The updated IRS mileage rates for 2023 will have different implications for individuals and businesses: 

For Individuals: 

If you have significant medical or moving expenses, the increased rate for medical and moving mileage can provide you with more substantial deductions. In addition, charitable volunteers can continue to deduct 14 cents per mile for their philanthropic efforts. 

For Businesses: 

Companies that reimburse employees for business-related travel can now use the 65.5 cents per mile rate, which has increased. This means employees may receive higher reimbursements. Businesses need to update their expense policies to align with the new mileage rates to ensure accurate reimbursement and tax compliance. 

For All: 

Businesses and individuals should note some important limitations surrounding the standard mileage rate.  

  1. Generally, taxpayers must use the standard mileage rate in the first year that a vehicle is used for business purposes. This means that they generally may not deduct actual expenses in the first year.  
  1. Taxpayers with leased vehicles must use one method only for the entire lease period. For example, if they choose to use the standard mileage rate in the first year, they must continue to use the standard mileage rate for the entire lease period. 

Conclusion 

Understanding the 2023 IRS mileage rates is essential for anyone who uses their vehicle for business, medical, moving, or charitable purposes. These rates simplify the process of claiming deductions, managing costs, and ensuring compliance with tax regulations. It’s advisable to keep detailed records of your mileage and consult with a tax professional to maximize your deductions and stay up to date with any changes in tax laws or rates. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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Which Income Types Are Not Taxable?

which income types are not taxable

Taxes are an integral part of our financial lives, but not all income is subject to taxation. Understanding which income types are taxable and which are not can help you make informed financial decisions and potentially reduce your tax burden. In this article, we’ll explore various income sources that are not taxable, shedding light on some lesser-known exemptions. 

Gifts and Inheritance 

Gifts and inheritances are generally not considered taxable income for the recipient. If your wealthy aunt leaves you a sizable inheritance, you won’t have to pay income tax on that windfall. However, some exceptions and nuances may apply. For example, there is a federal estate tax for very large estates, but it generally doesn’t affect the average person. 

Life Insurance Proceeds 

The death benefit paid out by a life insurance policy to a beneficiary is typically not subject to income tax. This is true for both term and permanent life insurance policies. However, if you cash in your life insurance policy while you’re still alive and receive more than the total premiums paid, the excess amount may be taxable. 

Scholarships and Grants 

Scholarships and grants used for qualified education expenses, such as tuition, books, and fees, are usually not taxable. However, if you use the funds for non-qualified expenses like room and board, they may become taxable income.  

Child Support Payments 

Child support payments received from your ex-partner are not considered taxable income. On the flip side, the parent making these payments generally cannot deduct them from their taxable income. 

Return of Capital 

If you sell an investment, like stocks or real estate, for the same amount you originally paid or less, the proceeds are considered a return of capital and are not subject to income tax. However, any gains from the sale of investments are typically taxable, unless they qualify for specific capital gains tax exclusions or reductions. 

Municipal Bond Interest 

Interest income from municipal bonds is typically exempt from federal income tax. In some cases, it may also be exempt from state and local taxes if you reside in the issuing state or locality. This tax advantage is designed to encourage investment in local infrastructure projects. 

Disability Benefits 

Disability benefits, whether from a private insurance policy or a government program like Social Security Disability Insurance (SSDI), are generally not taxable. However, there are exceptions when disability benefits can become taxable, such as if you receive substantial additional income from other sources while receiving disability payments. 

Roth IRA Distributions 

Distributions from Roth Individual Retirement Accounts (IRAs) are usually not taxable as long as certain conditions are met. Generally, you must be at least 59½ years old and have held the account for at least five years. Contributions to a Roth IRA are made with after-tax dollars, so qualified withdrawals are tax-free. 

Conclusion 

Understanding which income types are not taxable is essential for managing your finances and optimizing your tax liability. While many types of income are taxable, these exemptions can offer financial relief and peace of mind. However, tax laws can be complex and subject to change, so it’s wise to consult with a tax professional or financial advisor to ensure you’re correctly interpreting and applying these rules to your specific situation. By staying informed and making strategic financial decisions, you can legally minimize your tax obligations and keep more of your hard-earned money. For a full list of taxable and nontaxable income types, you can view IRS Publication 525. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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