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Low Income Taxpayer Clinic “The hardest thing in the world to understand is the income tax.” –Albert Einstein Cal Poly.

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Presentation on theme: "Low Income Taxpayer Clinic “The hardest thing in the world to understand is the income tax.” –Albert Einstein Cal Poly."— Presentation transcript:

1 Low Income Taxpayer Clinic “The hardest thing in the world to understand is the income tax.” –Albert Einstein Cal Poly

2 Taxpayer Advocate Service LITC Program Mission Statement Low Income Taxpayer Clinics ensure the fairness and integrity of the tax system by: educating low income taxpayers about their rights and responsibilities, providing pro bono representation to taxpayers in tax disputes with the IRS, conducting outreach and education to taxpayers who speak English as a second language, and identifying and advocating for issues that impact low income taxpayers. 1

3 VITA, TCE and LITC Tax Services Continuum EducationComplianceControversy Cal Poly LITC (Ed. & Outreach to ESL Community) VITA/TCE Programs Cal Poly LITC VITA/TCE Programs (Education) Cal Poly LITC (delinquent returns only) 2

4 Cal Poly LITC In 2009 the IRS Taxpayer Advocate Service authorized Cal Poly to operate a low income taxpayer clinic beginning in 2010.Taxpayer Advocate Service Service Area – San Luis Obispo County – Northern Santa Barbara County – Monterey County Clinic receives funding from IRS but is independent. Taxpayer’s decision to use the Clinic will not affect taxpayer’s rights before IRS. 3

5 Cal Poly LITC Staffing Lisa Sperow, Attorney, Clinic Director Eddy M. Quijano, Attorney Graduate Tax Students Undergraduate Tax Students 4

6 Clinic’s Guidelines for Representation Low Income Taxpayers in San Luis Obispo, Monterey and Santa Barbara Counties Conditions to Clinic Representation: – Taxpayer’s income does not exceed 250% of the Federal Poverty Guidelines – Within service area – Controversy with the IRS – Not more than $50,000 in dispute -exceptions) *otherwise consultations 5

7 2013 Income Qualification Guidelines Size of Family Income Ceiling (250% of Federal Poverty Guidelines) 1$28,725 2$38,775 3$48,825 4$58,875 5$68,925 6$78,975 7$89,025 8$99,075 Each additional $10,050 6

8 Tax Controversy Services– Generally Handle taxpayer’s federal tax audit, collection, administrative, or judicial appeal matters Assist non-filer to prepare delinquent tax returns Assist victim of identify theft on federal tax matter Represent taxpayer in California tax controversy but only when representing TP in federal tax controversy 7

9 Examples of Clinic Controversy Services Tax Audit – Cancellation of Indebtedness Income – Earned Income Credit – Estimated Tax Penalty IRS Collection Matter – Seek “Currently Not Collectible” Status – Installment Agreement; Offer in Compromise – Request Collection Due Process Hearing (e.g., levy, lien) Innocent Spouse Relief 8

10 Tax Education and Consulting Services Educate ESL taxpayers about their federal taxpayer rights and responsibilities. Discussions and workshops within the community covering a range of tax topics. Examples include: – Filing requirements – Clinic services ITINs EITC Dependency exemptions Identify theft, etc. Audits, collection matters, etc. *able to give presentations in English too 9

11 IRS “Dirty Dozen” 2013 Identity Theft- 2,400 enforcement actions against ID thieves – Jan. alone there were 734 enforcement actions including 298 indictments/informations/complaints & arrests – avg sentences: 4-20 years in jail – IRS prevented $20 in 2012/$14 billion in 2011 *IRS has 3,000 employees working on issue Phishing – note the IRS will never initiate contact with taxpayers via email

12 IRS “Dirty Dozen” 2013 Return Preparer Fraud – 60% of taxpayers use return preparers – choose carefully! Hiding Income Off-Shore – IRS works with DOJ to track down those who use off-shore banks, brokerage accounts, nominee entities etc.. To evade paying taxes. “Free Money” Tax Scams- scammers prey on low-income, poorly educated (church ex.)

13 IRS “Dirty Dozen” 2013 Impersonation of Charitable Organizations – occurs in the wake of natural disasters, use names that sound like charities, IRS.gov has a search feature you can use “Select Check: to find out if it’s a recognized charity – don’t give out financial information False/Inflated Income and Expenses – trying to get the EITC

14 Dirty Dozen cont…. False Form 1099 – don’t fall prey to people who tell you to claim income you didn’t earn – filing fake returns Frivolous arguments – don’t make outlandish claims Falsely claiming zero wages Disguised Corporate ownership Misuse of trusts 13

15 Questions? 14


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