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Tax and Accounting Tips

VAT and The Great Tax Swap from the Huffington Post

Pat Choate

Author of Saving Capitalism

Posted: April 26, 2010 02:10 PM

President Obama and his advisers are hinting that they may ask Congress to supplement the existing corporate and personal income taxes with a national Value-Added Tax (VAT) - a tax on consumption. The reaction has been quick, venomous and misleading.

Missing in that criticism is any recognition that VAT-based tax discrimination in the global trading system is a major cause of our large and expanding trade deficits and is costing the United States millions of jobs as U.S.-based corporations shift their production to countries with a VAT.

My proposal herein is simple. Eliminate the existing U.S. personal and corporate income tax system altogether and replace it with a VAT -- a great tax swap of historic proportions.

One argument against such a swap is that it would require the repeal of the 16th Amendment, which is wrongheaded since the 16th Amendment gives Congress the power to levy an income tax, but does not mandate that it do so.

Several VAT critics are also arguing that while the VAT is efficient, fair, and effective, it would, however, raise too much money, too easily and thus encourage the purchase of more public services. They seem to like the existing chaos and inefficiency.

And indeed, there is already much about the U.S. Tax Code to hate, not the least of which is its complexity and sheer size -- a 24-megabyte computer download that fills 7,500 letter-size pages at 60 lines per page.

The administrative compliance costs to the U.S. economy, moreover, are enormous, with the General Accountability Office (GAO) estimating that it consumes approximately one percent of the gross domestic product annually ($145 billion in 2009). The Cato Institute, a Washington-based think tank, estimates that the U.S. "tax army" of accountants, lawyers, and computer experts includes more than 1.2 million tax preparers and processors.

The present system also has vast non-compliance. The IRS estimates that the difference between what taxpayers paid and what they should have paid in 2001 was $345 billion, which was 17 percent of federal revenue that year. Put another way, cheaters evade paying about one of every six dollars of taxes due the federal government.

For many VAT critics, their goal is not to define the method by which the U.S. government raises taxes or to improve its efficiency but to slash revenues as a means of cutting government, or "starve the beast."

The profit and loss statements of the General Electric Corporation also illustrate why there is an intense corporate opposition to the VAT. In the three-year period 2007-2009, GE had revenues of $511 billion, a net income of $51 billion, but paid only $1.1 billion in taxes -- barely 2 percent of their earnings. For tax purposes, GE also accrued a tax loss of $4.2 billion for the years 2007 and 2008. Under VAT, GE would pay much more.

As all this suggests, the present system is vastly unfair. At the top end, for instance, Wall Street's multi-billion-dollar-a-year hedge fund owners pay only a 15 percent tax on their profits. At the lower end of the economic scale, almost 47 percent of Americans pay no federal income tax whatsoever.

The VAT is comprehensive but applies only to that portion of value added that each party makes to the completion and sale of the product or service. In practice, the system is simple, perfect for modern computerized accounting, allows taxpayers to know their tax liability and helps the government better anticipate revenues. Cheating is difficult, easily spotted, and thus limited. Consumers pay the VAT automatically when they buy something. There is no April 15 tax day. Only consumption is taxed. All that is left over is yours.

But everyone pays something because everyone consumes something. Other nations pursue fairness with lower VAT rates on food, medicine and housing.

Beyond simplicity and ease of compliance, a VAT is compatible with global trade rules while the present U.S. tax system is not. This is of immense importance.

Under the rules of the World Trade Agreement, nations that use a VAT can rebate those taxes on exports and impose an equivalent amount on imports. Thus, other nations are able to subsidize their exports sold in the United States, while imposing a tariff-like VAT on U.S. imports into their countries.

In 2007, the 153 other nations with a VAT provided $230 billion in rebates for goods exported to the U.S., and imposed $125 billion of import taxes on U.S. made goods sold in their countries. Their products got a VAT-created competitive advantage here and there.

Changing the U.S. tax system from one based on corporate and personal incomes taxes to one based on a VAT is a unilateral way for the U.S. to eliminate this discriminatory foreign tax treatment.

The longer we delay making this great tax swap the more jobs we will lose and the more it will cost us to keep our corrupt, inefficient and flawed approach to taxes.

http://www.huffingtonpost.com/pat-choate/vat-and-the-great-tax-swa_b_551120.html?view=screen

Foreclosed? Here comes the tax man

From Veterans Today:  Military Veterans & Foreign Affairs Journal

 Foreclosed? Here comes the tax man

April 8, 2010 by John Allen ·

Did you lose your house to foreclosure this year? Did your lender forgive some of your mortgage debt because you sold it for less than it was worth? If so, you could be facing a big tax hit.

It is IRS policy to tax forgiven debt you are personally responsible for as if it is income. Say, for example, your credit card company settled a $10,000 debt for 50 cents on the dollar. You’d have a debt forgiveness of $5,000, which the IRS would count as income, just like your wages.

The same policy held true for most mortgage debt until 2007, when Congress passed the Mortgage Forgiveness Debt Act. That ended the liability for many homeowners — but not all.

In general, if you lose your home to foreclosure or short sale, where you sell your home for less than you owe, the IRS won’t add insult to injury by counting the difference as income. At least until 2012.

There are four major exceptions to the rule:

1. You did a cash-out refinance and splurged.

Many homeowners took cash out when they refinanced their homes and used the extra dough to pay for new cars, boats or vacations. Say you did that and then got into trouble, losing the house through a foreclosure or short sale. Even if your lender waived the remaining debt, the IRS will treat as income the portion of the forgiven debt that you took out as cash and spent. Only the funds used to actually improve your home won’t be taxed. Yes, even if you spent the money on paying off your student loans or credit cards.

The IRS’ reasoning is that only the money spent on home improvement actually added to your home’s value. And that, presumably, diminished the difference between what you owed on your mortgage and the value of your home when it was foreclosed.

Beware: Some lenders made refinancing offers contingent on homeowners paying off credit card debt, according to Kent Anderson, a Eugene, Ore.-based attorney and tax expert. If you took one of those deals, the refinance money will be reported to the IRS and you will owe taxes on it.

2. You have a home-equity line of credit.

During the boom years, many homeowners tapped soaring home equity to make all sorts of consumer purchases. But the same rules that apply to refinancings also apply to home-equity loans: The IRS will only forgive the tax liability if the loan money was spent improving your home. And, tax experts advise, you’ll need to show receipts to prove you did.

3. You lost your vacation home or investment property.

So the market tanked and you lost your vacation home. Unfortunately, if you didn’t use it as your primary residence for at least two of the previous five years, you’re going to pay the tax man.

More common, however, may be the case of investment properties gone sour. During the housing boom, buying homes for investment purposes soared, accounting for 28% of all sales during 2005, according to the National Association of Realtors. (Vacation homes made up 12%.) And many of these purchases were made with little down payment.

0:00 /3:12Housing bubble: Who’s to blame?

When the bust hit, second home prices cratered. The median price paid for investment properties fell 43% to $105,000 in 2009, from $183,500 in 2005, according to NAR. For vacation homes, the median price paid dropped 17% to $169,000.

If an investor bought a property in 2005 at the median price and sold it in 2009, he could have run up $75,000 or so in forgiven debt. If the investor is in the 25% income tax bracket, that would add nearly $19,000 to their tax liability. Ouch!

4. You owned a multi-million-dollar home.

It may be hard for Americans struggling in this weak economy to sympathize with anyone wealthy enough, at one time, to afford a multi-million-dollar home. But owners losing one could be on the hook for a huge tax bill.

Only the first $2 million in forgiven debt will be voided under the relief act; all the overage is taxable as income.

So, say, for example, you’re Scarlett Johansson. You paid $7 million for your Hollywood Hills villa in 2007. (With a 100% mortgage; this is hypothetical, remember.) But now, you have it on the market for $4.59 million.

Say you can’t unload it, your movies tank and you have to a short sale. (Hey, it happened to Nicholas Cage; he went into foreclosure.) If you sell it for $4 million, leaving a $3 million balance, the IRS would forgive the first $2 million. But the remaining million? You better hope you have a good accountant and a lot of deductions.

The good news? Even if you fall under any of these four scenarios, you may have a way out, according to Anderson. “If the taxpayer was insolvent at the time of the foreclosure, the forgiven debt can be excluded for tax purposes,” he said. “It can also be discharged in a bankruptcy and approved by court order.”

And then there is California

While most states follow the IRS lead and don’t tax most forgiven mortgage debt, California still makes you pay. The state legislature hopes to change that before April 15, but right now California taxpayers are legally liable for paying state income taxes on forgiven mortgage debt.

The state, which has endured some of the worst price declines and foreclosure rates in the nation, did follow the federal lead when it passed the original debt forgiveness bill, but the state only authorized the relief for the 2007 and 2008 tax years. There have been successive legislative efforts to extend relief through 2009, but none have succeeded.

One attempt at passing an omnibus “conformity” bill resulted in a veto by Gov. Schwarzenegger for reasons having nothing to do with mortgage debt forgiveness. The governor objected to a different provision covering erroneous tax reporting by businesses.

Confusion and anxiety is running high, according to Rocky Rushing, chief of staff for democratic state Sen. Ron Calderon, who is spearheading new legislation. His office has fielded many calls from unhappy taxpayers.

“We’ve heard about tax bills in the thousands of dollars,” he said.

Original article at http://www.veteranstoday.com/2010/04/08/foreclosed-here-comes-the-tax-man/

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Mortgage Hints

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