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What is Schedule B?

What is Schedule B?

When filing U.S. federal income tax, taxpayers often encounter several forms and schedules that must be completed to accurately report their financial activities. One such form is Schedule B, which is used to report interest and ordinary dividends. Understanding this form is crucial for taxpayers with investment income to ensure compliance with tax laws and avoid potential penalties. Here’s an overview of Schedule B, including who needs to file it, the different components, and common mistakes to avoid. 

What is Schedule B? 

Schedule B is a tax form attached to Form 1040, 1040-SR, or 1040-NR to report interest income and ordinary dividends received during the tax year. This form is typically required for individuals with significant income from investments and other financial instruments. 

Who Needs to File Schedule B? 

You need to file Schedule B if you meet one of the following criteria: 

  • Your total taxable interest income is more than $1,500 during the tax year 
  • Your ordinary dividends exceed $1,500 during the tax year 
  • You have any of the following less common situations: 
    • You have foreign accounts or trusts 
    • You earn interest from a seller-financed mortgage 
    • You earned a penalty for early withdrawal of savings 
    • You earned tax-exempt interest 

Parts of Schedule B 

Schedule B is divided into three main parts. 

Part I: Interest Income 

Part 1 of Schedule B requires you to list all the information received via Form 1099-INT, 1099-OID, or another substitute statement from a financial institution. On Line 1, you should enter the name of each payer and the amount of interest received. This includes interest from savings accounts, bonds, certificates of deposit (CDs), and other financial instruments. Line 2 requires you to total your interest income. You should report any interest excluded, such as tax-exempt interest on Line 3. Line 4 will calculate your total taxable interest income. 

Part II: Ordinary Dividends 

Part II of Schedule B collects information about your ordinary dividends for the tax year. Remember, ordinary dividends differ from qualified dividends, which are taxed at a lower rate. This information is found on Form 1099-DIV or another substitute statement from your financial institution. On Line 5, you should enter the name of each payer and the amount of ordinary dividends received. Use Line 6 to total your ordinary dividend income. 

Part III: Foreign Accounts and Trusts 

Part III of Schedule B is for less common scenarios since it is used to report any financial interest in or authority over a foreign account, such as a bank account. It’s also used if you are involved with certain foreign trusts. If so, additional reporting may be necessary under the Foreign Account Tax Compliance Act (FATCA). If you have foreign financial accounts with a combined value exceeding $10,000 at any time during the year, you must file the Report of Foreign Bank and Financial Accounts (FBAR), in addition to Schedule B. 

Common Mistakes to Avoid 

The biggest mistake you can make with Schedule B is failing to report small amounts. Even if interest or dividends are minimal, they must be reported if they exceed the $1,500 threshold. Another mistake is not filing at all. If you are required to file Schedule B and fail to do so, you may face penalties, including fines and interest on unpaid taxes. Finally, do not overlook foreign income. Neglecting to report foreign accounts or income can lead to severe penalties. 

Tax Help for Those Who File Schedule B 

Schedule B is a vital component of the U.S. tax filing process for individuals with interest and ordinary dividend income. By accurately reporting these amounts, taxpayers can ensure compliance with IRS regulations and avoid potential penalties. Understanding when and how to use Schedule B, along with avoiding common mistakes, can help streamline the tax filing process and ensure that all investment income is appropriately accounted for. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.   

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

What is the Federal Disaster Tax Relief Act? 

What is the Federal Disaster Tax Relief Act? 

The Federal Disaster Tax Relief Act is a legislative measure proposed by the U.S. Congress to provide tax relief and assistance to individuals and businesses affected by natural disasters. This Act is part of a broader effort by the federal government to alleviate the financial burden on those impacted by disasters such as hurricanes, wildfires, floods, and other catastrophic events. Here’s an overview of the Federal Disaster Tax Relief Act that has the potential to offer a range of tax benefits designed to help disaster victims recover and rebuild in the aftermath of such events. 

Background 

The Federal Disaster Tax Relief Act (HR 5863) was introduced by Representative Greg Steube (R-FL). It advanced by the Ways and Means Committee in 2023. The Federal Disaster Tax Relief Act would exclude income received for casualty and theft losses, damages, and expenses from individual income for tax purposes if these were incurred due to a federally declared disaster. It would also exclude any income received by taxpayers affected by the February 2023 train derailment that took place in East Palestine, Ohio, where 38 train cars carrying hazardous materials derailed. 

The bill was passed in the House of Representatives, but the Senate has yet to vote on it. The situation has become tricky since the bill was included in the bipartisan tax package, the Tax Relief for American Families and Workers Act (HR 7024).  

Current Disaster-Related Tax Relief 

Currently, there are several provisions that offer financial relief to disaster-affected individuals and businesses. One of the primary benefits is the ability for taxpayers to claim deductions for casualty losses. These losses are defined as damage, destruction, or loss of property resulting from a disaster. Taxpayers can claim deductions for uninsured or unreimbursed losses, thereby reducing their taxable income and lowering their overall tax liability. The IRS also typically extends the tax filing and payment deadlines for individuals and businesses in affected areas. This extension provides taxpayers with additional time to complete their tax obligations without facing late fees or penalties. 

How the Federal Disaster Tax Relief Act Could Impact Taxpayers 

If passed by the Senate, the Federal Disaster Tax Relief Act will exempt wildfire relief payments from federal income taxes. It will also exempt relief payments for losses stemming from the 2023 East Palestine, Ohio train derailment. In addition, it will designate certain hurricanes as eligible for disaster-related tax treatments. If enacted, this act could simplify the process of writing off losses from other natural disasters. This includes provisions to exempt legal fees, emotional distress, lost wages, and other expenses from taxation in cases of wildfire losses. Once the bill becomes law, any taxes already paid on wildfire settlement funds since 2020 will be eligible for a retroactive refund. Taxpayers can claim this by filing an amended return or claiming the change in the next tax year. 

Tax Help for Those Affected by Federal Disasters 

The Federal Disaster Tax Relief Act could be an essential tool in the federal government’s response to natural disasters. By providing tax relief and financial assistance, the Act can play a crucial role in helping individuals and businesses recover and rebuild in the aftermath of catastrophic events. Understanding the provisions and benefits of the Act can empower taxpayers to make informed decisions. It can also maximize the available relief options in times of need. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers.   

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

Ask Phil: What is an OIC Mill? 

Today, Optima Tax Relief Lead Tax Attorney, Phil, discusses OIC mills, including what they are and how to avoid being victimized by them. 

What is an OIC? 

An Offer in Compromise (OIC) is a program offered by the IRS that allows taxpayers to settle their tax debt for less than the full amount owed. This program is intended for individuals who cannot pay their full tax liability or doing so would create a financial hardship. 

What is an OIC Mill? 

An “OIC mill” refers to a business or organization that aggressively markets and promotes OIC services to taxpayers, often making exaggerated claims about their ability to settle tax debts for pennies on the dollar. These companies typically charge high fees and may not deliver on their promises, sometimes providing subpar or even fraudulent services. 

How to Avoid OIC Mills 

Thoroughly research any company or service offering OIC assistance. Look for reviews, complaints, and ratings from reputable sources such as the Better Business Bureau (BBB). Ensure the tax professional you’re working with is qualified, such as a licensed attorney, CPA, or Enrolled Agent who specializes in tax resolution. Consider contacting the IRS directly or using the IRS’s online resources to understand the OIC program and determine eligibility before seeking outside help. If an offer sounds too good to be true, seek a second opinion from a trusted tax professional. Familiarize yourself with the IRS OIC process and the realistic chances of success. The IRS provides detailed information and forms on their Offer in Compromise page.  

If you’ve been victimized by an OIC mill, consider asking for help from the experts at Optima Tax Relief. With over a decade of experience and over $3 billion in resolved tax liabilities, we can help with your tax situation. 

If you need tax help, contact us today for a Free Consultation. 

What Is an IRS Administrative Appeal?

What Is an IRS Administrative Appeal?

If you’ve been hit with an assessment from the IRS and you disagree with the results, you are entitled to present your case in Tax Court. However, an IRS administrative appeal may produce desirable results without the need to go to court. As a taxpayer, you are entitled to dispute the results of an IRS assessment through the administrative appeal process for any reason other than religious, moral or political, conscientious objections. The professionals at Optima Tax Relief can determine whether an administrative appeal is the right course for your situation. The IRS administrative appeals process can be an effective way to handle disagreements over tax assessments, penalties, or other IRS decisions, offering a less formal and often less costly alternative to litigation. Here’s an overview of IRS administrative appeals, including the types, how each works, and important things to note before requesting one. 

IRS Administrative Appeal Categories

The IRS Appeals division operates as a separate entity from IRS offices that conduct investigations. The two types of administrative appeals available are Collections Appeal Process (CAP) or Collections Due Process (CDP) hearings. Administrative appeal hearings may be conducted by mail, telephone or in person. You may represent yourself or be represented by a CPA, attorney or enrolled agent authorized to practice before the IRS. If your tax return was prepared by a third party not enrolled with the IRS, they may be a witness but may not represent you. 

Collection Appeals 

Collection Appeals involve disputes over IRS collection actions. These actions can include levies, liens, seizures, and other methods the IRS uses to collect outstanding taxes. To break this down even further, there are two main programs under Collection Appeals: Collection Due Process (CDP) and the Collection Appeals Program (CAP).  

Collection Due Process 

The CDP program allows taxpayers to appeal collection actions before they occur, providing a forum to address issues related to the collection process. Taxpayers who receive certain IRS notices can request a CDP hearing. These include the Notice of Federal Tax Lien Filing, Final Notice of Intent to Levy, Notice of Jeopardy Levy, Notice of Levy on a State Tax Refund, or Post Levy Collection Due Process Notice  

Taxpayers generally have 30 days from the date of the notice to request a CDP hearing. They can do so via Form 12153, Request for a Collection Due Process or Equivalent Hearing. If the taxpayer disagrees with the CDP determination, they have the right to seek judicial review in the U.S. Tax Court. After 30 days, you may request an Equivalent Hearing within one year. However, collection activities will not be suspended. In addition, you cannot appeal the results in Tax Court. 

Collection Appeals Program 

The CAP provides a faster and more streamlined process than CDP, but it does not offer the same judicial review rights. Taxpayers can request a CAP hearing at any time, even before or after a collection action has been taken. For example, a CAP filed to protest a wrongful levy may be filed either before or after property has been seized. However, it must be filed before the property is sold. A CAP can be used to address the following IRS actions: 

  • Prior to or after the filing of a Notice of Federal Tax Lien 
  • Prior to or after levy or seizure of property by the IRS 
  • Proposed or actual termination of an installment agreement 
  • Rejection or modification of an installment agreement 
  • Rejected taxpayer request to return to levied property 
  • Seizure 

It’s crucial to note that you will not be able to take your case to Tax Court if you disagree with the conclusions of the CAP. You must file Form 9423, Collection Appeal Request to initiate a CAP review. 

Submitting Your Request for Administrative Review

If you’re audited and your auditor finds that you owe less than $2,500, you may approach them about an appeal directly or submit your request through the appeals system. If you owe between $2,500 and $25,000, you should submit a Small Case Request. Alternatively, you can use Form 12203, Request for Appeals Review, which can be found on the IRS website. Assessments of $25,000 or more require a Formal Written Protest using Form 12202, including the following items. 

  • Your name, address, and a daytime telephone number.
  • A statement of intent to appeal the IRS findings to the Office of Appeals.
  • A copy of the letter showing the proposed assessment.
  • The tax period(s) or year(s) involved.
  • A detailed description of each item with which you disagree.
  • The reason(s) for your disagreement for each item.
  • Facts supporting your position for each item.
  • Any law or legal authority that supports your position on each item.
  • The following penalties of perjury statement stated exactly: “Under the penalties of perjury, I declare that the facts stated in this protest and any accompanying documents are true, correct, and complete to the best of my knowledge and belief.”
  • Your signature beneath the penalties of perjury statement.

If your request for appeal is prepared by your representative, he or she must substitute the declaration for penalties of perjury statement for individual taxpayers with a statement that includes each of the following elements: 

  • An affirmation that he or she submitted the protest and any accompanying documents, AND
  • A statement of personal knowledge of stated facts in the protest and accompanying documents and a declaration that the facts are true and correct.

The Administrative Hearing Process 

After submitting your request for administrative review, you generally have at least 60 days to prepare for the hearing. Draft a rough outline of the information you wish to include in your presentation. Categorize any other relevant information in spreadsheets or in visual displays, with separate folders for each item. 

It’s wise to request a copy of the auditor’s file under the Freedom of Information Act (FOIA) immediately. FOIA requests can take at least a month to process. The letter should cover all relevant tax years and provide an offer to cover copying costs. Send the letter by certified mail or other traceable means. 

The hearing itself will be fairly informal. You are entitled to take notes or record the hearing if you wish. Be prepared for requests for further information. If that happens, don’t hesitate to ask for more time. 

If you reach a verbal settlement during the hearing, the settlement will be transcribed onto IRS Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment. Keep in mind, however, that this form can take months to arrive in the mail. Double check all the figures and do not sign the form unless you understand and agree with everything contained within it. Likewise, do not sign the form if you’ve found other mistakes from the auditor or appeals officer. Once you sign the form, you are barred from making further appeal to the Tax Court. 

Tax Help for Those Who Owe 

The IRS Administrative Appeal process is a valuable tool for taxpayers seeking to resolve disputes in a fair, impartial, and cost-effective manner. By understanding the steps involved and preparing adequately, taxpayers can go through the appeal process and potentially reach a resolution without the need for tax court. If you find yourself in disagreement with an IRS decision, considering an administrative appeal can be a prudent first step. If you’re unsure, consulting a tax professional can be helpful. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.   

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

What Happens if I Default on My IRS Installment Agreement?

What Happens if I Default on My IRS Installment Agreement?

Entering into an installment agreement with the IRS can provide taxpayers with a manageable way to pay off their tax liability over time. However, defaulting on an IRS installment agreement can lead to serious consequences. Here, we’ll review the potential repercussions and the steps you can take to mitigate them. 

What Does it Mean to Default on an IRS Agreement? 

Defaulting on an IRS installment agreement means that you have failed to meet the terms of the payment plan established with the IRS. This can happen for several reasons, including missing a scheduled payment, failing to file required tax returns, or incurring additional tax debts. Defaulting on your IRS installment agreement can lead to serious consequences. 

Immediate Consequences 

It’s important to note that there are a few immediate consequences associated with defaulting on your IRS installment agreement.  

Reinstatement of Full Debt Amount 

When you default on your IRS installment agreement, the entire amount of your tax debt becomes due immediately. The IRS will no longer honor the payment plan, and you will be expected to pay the full balance at once. 

Accrual of Penalties and Interest 

Defaulting on your installment agreement means that penalties and interest on your tax debt will continue to accrue. This can significantly increase the total amount you owe. 

Loss of Future Tax Refunds 

The IRS may apply any future tax refunds to your outstanding debt. This means that any expected refunds will be used to pay off your tax balance instead of being issued to you. 

Collection Actions 

The IRS will send you Notice CP523, informing you that you have defaulted on your installment agreement. This notice will outline the amount due and provide instructions on how to resolve the default. If the default is not resolved, the IRS can levy your assets. This means they can seize your property, including bank accounts, wages, and other assets, to satisfy the debt. The IRS may even file a federal tax lien against your property. A lien is a legal claim against your property to secure payment of the tax debt. This can affect your credit score and make it difficult to sell or refinance your property. 

In severe cases, the IRS may take legal action to collect the debt. This can include filing a lawsuit against you to recover the outstanding balance. The IRS can also garnish your wages, taking a portion of your paycheck directly to satisfy your tax debt. To make matters worse, defaulting on an installment agreement can make it difficult to enter into another agreement with the IRS in the future. They may require more stringent terms or a higher initial payment to establish a new agreement.  

Steps to Take If You’re Struggling 

If you anticipate trouble making a payment, contact the IRS as soon as possible. They may be able to work with you to modify your agreement or provide a temporary deferment. However, if you have already defaulted, you can request to have your installment agreement reinstated. You will need to provide a valid reason for the default and show that you can meet the terms of the agreement going forward. 

Consider hiring a tax professional or a tax attorney. They may be able to negotiate better terms on your behalf. If an installment agreement is no longer feasible, consider other options such as an Offer in Compromise (OIC), where you settle your debt for less than the full amount owed, or a Currently Not Collectible (CNC) status, which temporarily pauses collection actions due to financial hardship. 

Tax Help for Those with IRS Installment Agreements 

Defaulting on an IRS installment agreement can lead to a series of severe financial and legal consequences, including the reinstatement of the full debt amount, penalties and interest, asset levies, and tax liens. It is crucial to stay proactive and communicate with the IRS if you are having difficulty making payments. Seeking professional advice and exploring alternative payment options can help you avoid the harshest consequences and work towards resolving your tax debt. Remember, if you feel overwhelmed from dealing with the IRS on your own, it may be time to contact a tax professional. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.   

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