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Ask Phil: State Taxes 

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses state taxes and collections, including how they differ from federal taxes and collections. 

State tax collections and federal tax collections are two distinct systems of revenue collection within the United States. Here are some key differences between them. 

Authority and Jurisdiction 

States have the authority to collect taxes within their own jurisdiction. Each state can set its tax rates and determine what types of taxes it levies. These can include income taxes, sales taxes, property taxes, excise taxes, and others. The federal government collects taxes nationwide and has authority over issues that affect the entire country, such as income taxes, corporate taxes, Medicare taxes, and more. 

Tax Rates and Structures 

States have the flexibility to set their own tax rates and structures, which can vary significantly between states. Some states may have high income taxes but no sales tax, while others may have the opposite. Federal tax rates, on the other hand, are determined by the U.S. government and are the same across the entire country, with variations based on income levels and filing status. 

Use of Revenue 

The revenue collected by states is primarily used to fund state-specific programs and services, such as education, healthcare, infrastructure, and public safety. Each state decides how it allocates its revenue. Federal tax revenue is used to fund programs and services that benefit the entire nation, such as defense, social security, healthcare (e.g., Medicare and Medicaid), infrastructure projects, and federal agencies’ operations. 

Collections, Enforcement, and Audits 

State revenue agencies or departments, such as the Department of Revenue, are responsible for collecting state taxes. In addition, state tax authorities enforce and audit state tax compliance. Penalties for non-compliance vary by state. For example, if you owe more than $100,000 in the state of California, the state can have your business license or driver’s license suspended, as well as cease any operations they have with your business. 

At the federal level, collections are done by the Internal Revenue Service (IRS). The IRS is responsible for enforcing federal tax laws and conducting audits for federal tax returns. Federal penalties can apply for non-compliance with federal tax laws.  

Don’t miss next week’s episode where Phil will discuss IRS online accounts. See you next Friday!  

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

Ask Phil: Bankruptcy

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses bankruptcy, including if and when tax debt is discharged.  

When you file for bankruptcy, you are relieved from most of your debts, including credit card debt, medical bills, payday loans, utility bills, car loans, mortgages, and more. Many taxpayers want to know if bankruptcies also relieve them of their tax balances. In order for tax debt to be discharged in bankruptcy, it must be at least three years old, two years since you filed that year’s return, and 240 days since the tax has been assessed. In other words, new tax liabilities won’t qualify for discharge in bankruptcy.  

The good news is that when you file for bankruptcy, all creditors will cease collections of debts owed to them, including the IRS. This is at least a temporary measure while your case is being processed. Of course, every bankruptcy case is different. If you’re unsure if your tax debt is qualified for discharge during bankruptcy, you should reach out to a professional for help. 

Don’t miss next week’s episode of Ask Phil! 

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

Ask Phil: Tax Refunds

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses tax refunds, including how to track when you’ll receive yours. 

When it comes to tax refunds, most taxpayers want to know one of three things: how much they will receive, where it is, and when they will receive it. By the time you file your tax return, you’ll know the answer to the first question. How do you find your refund after filing? Luckily, the IRS provides a very helpful online tool called Where’s My Refund? The tool will you tell you when the IRS received your return and when the IRS processed your return. When the IRS processes your return, it will then issue your tax refund. 

So, when will you receive your tax refund? Most taxpayers receive their refunds within 21 days of the processing date. However, there are some things that can delay a tax refund. For example, the IRS could need more information from you, or they may need to conduct an audit to review your return more thoroughly. You could also have an outstanding tax balance. If this is the case, the IRS will use your tax refund to offset that debt. You can check if you have a tax balance by checking your online IRS account or by contacting the IRS directly. If none of these scenarios apply to you and your refund is late, you can contact the IRS for more information. 

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

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

Ask Phil: Tax Extension Deadline

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses the October tax extension deadline.  

The tax extension deadline this year is October 16, 2023. Remember, an extension to file your taxes is not an extension to pay your taxes. But what if you’re still unable to pay your tax bill? One option is to request a short-term payment plan with the IRS. If you have a total tax balance of less than $100,000 (including penalties and interest), you can be put on a payment plan to receive an extra 180 days to pay your balance in full. While this option won’t stop additional penalties and interest from accruing, it will stop any new liens, levies, or garnishments from being issued by the IRS.  

If you need longer than 180 days to pay off your tax bill, you can request an IRS installment agreement, currently not collectible status, or submit an offer in compromise. These three options have their own set of rules so you should consult a tax professional to decide which is best for you. As always, doing something is better than doing nothing, especially if you owe a tax balance.  

Next week, Phil will discuss tax refunds. See you next Friday! 

If You Can’t Afford to Pay Your Tax Bill, Contact Us Today for a Free Consultation 

Ask Phil: Marriage & Taxes

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses marriage and taxes, including filing status options. 

Married couples have two different options for filing their taxes: married filing jointly and married filing separately. If you choose to file jointly with your spouse, you will both be jointly and severally liable for the full tax liability. In other words, if you rack up a tax bill, both your incomes are up for grabs in order to satisfy your tax debt. 

Filing separately keeps your tax liabilities separated from your spouse’s tax liability and vice versa. While this may seem to be a major positive point to consider in filing separately, filing jointly can offer more tax benefits at times. These can include a higher standard deduction, more advantageous tax brackets, and more access to tax credits. However, there are some scenarios in which it may be better to file separately if you are married. Be sure to consult a knowledgeable tax professional about your options to see what is best for your specific situation.  

Tune in next Friday for another episode of “Ask Phil.” Next week’s topic: the tax extension deadline! 

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