Friday, May 28, 2010

OOPS - THEY DID IT AGAIN!

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As happens every year, the June 1st deadline for submitting the 2009 PTR-1 and PTR-2 Property Tax Reimbursement (“Senior Freeze”) applications has been extended – this time to August 2, 2010.

In the past teach year he deadline has been extended eventually to October, and each year we expected that this would happen. This year I was a bit concerned because of the new governor and the fiscal mucking fess.

I worked away to get all my GD PTRs in the mail to clients by May 24th – and was successful – and hope not to see another PTR form this year. However I am pleased at the extension – as giving my clients only one week to get the application completed (which often required going to City Hall and getting a certification from the Tax Department) and in the mail was cutting it a bit close.

According to the press release - checks for senior and disabled homeowners who did submit applications by June 1st are “scheduled to be mailed on or about July 15, 2010”.

NJ Treasurer Andrew Sidamon-Eristoff states that (highlight is mine) - “While new applicants will not receive benefits this year, they should apply to establish their eligibility for benefits in future years”.

The press release also says (again highlight mine) –

Homestead rebate applications are not being distributed this summer and fall because of the shift to a payment via credits on property tax bills. Taxpayers will not begin receiving those credits until May 2011. Applications will be distributed nearer to the May 2011 deadline.”

These statements assume that Governor Christie’s proposed budget will be passed by the end of June - and do not reflect current law.

I will be pleased as punch if the rebate check is replaced by a credit against the actual property tax payment. Instead of paying $10,000 in property tax and getting a check for $600 after the fact a homeowner would actually pay to his township or municipality $9,400 in property taxes for the year. This is much “more better” – and will avoid possible federal income tax problems resulting from a refund received in one year for a payment deducted in full on Schedule A in the previous year.

The rebate check is a political trick. When a taxpayer gets a check in his/her hands he thinks he is getting something – and is expected to feel obligated to the political party that provided the check. This was the thinking behind Dubya’s two disastrous sets of rebate checks (which were often preceded by a letter from one’s Congressperson saying that a check was on its way). I seem to recall that initially the homestead rebate checks were mailed out on November 1st, so voters would received them just before election day and in gratitude run out and vote Democrat.

I certainly hope that the rebate check will be replaced with a direct credit. I liked the idea when Corzine first proposed it. However upon taking office Corzine discovered that he was not running the State of NJ – the Democratic Party machine was – and all he was expected to do (and actually did) was to bow to their wishes.

TAFN

Tuesday, May 25, 2010

STUFF AND SUCH - RECENT EMAILS

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+ Here is an email I received this morning about the current Philadelphia Tax Amnesty Program -

I work with the marketing agency that is helping promote Philadelphia Tax Amnesty, which started on May 3 and runs until June 25. I stumbled across your blog the other day and noticed that you’ve written on regional tax amnesty programs in the past. Since New Jersey residents and businesses owe more than $8 million to the City of Philadelphia, I wanted to check if you’d be interested sharing some information about the City’s Tax Amnesty program with your readers.

More information is available at www.phillytaxamnesty.com, but the following are some important fast facts about the program.

Philadelphia Tax Amnesty Quick Facts -

* This is the City’s first amnesty program in over two decades.

* This is an opportunity to “make good” on back taxes. It is open to Philadelphia residents, workers, property owners and business owners.

* This is not a free pass, but rather a demonstration that the City realizes some people have faced challenges that have prevented them from keeping up on their city taxes.

* Eligible individuals and businesses have this one-time only opportunity to settle with the City with no penalties and only half the interest.

We’re trying to get the word out to as many people as possible before the program ends on June 25th
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+ Wonder of wonders, miracle of miracles!

Over the week-end, as I was working on the damned PTR forms, I submitted a question to the NJ Division of Taxation online about pension and annuity income. I expected that I would not get an answer for at least two weeks, so I also emailed the question to a fellow NJ tax professional.

Imagine my surprise when on Monday my email inbox included an answer from NJDOT. Will wonders never cease?

A retired client received a distribution from the PSE+G Savings Plan. The gross dividend was $29,000+. This distribution included a $20,000+ return of employee contributions. I asked whether I had to include the “gross” distribution (Box 1 of the Form 1099-R) in the calculation of income for PTR purposes or if I could report only the net amount after deducting the return of employee contributions. The $20,000+ was really not “income” to the taxpayer – but just like selling a stock for $29,000 that had cost $20,000, which would result in capital gain income of only $9,000.

Here is the answer that came from the NJ Division of Taxation –

To: Robert D Flach

All income that you received during the year, including income, which you are not required to report on your New Jersey income tax return, is taken into account to determine whether you are eligible for the Property Tax Reimbursement.

The gross distribution reported on form 1099-R must be reported as income for Property Tax Reimbursement purposes.

Additional information on New Jersey's Property Tax Reimbursement Income Standards is available on the Division's website at -

http://www.state.nj.us/treasury/taxation/income.shtml

and further PTR information at -

http://www.state.nj.us/treasury/taxation/propfrez.shtml


While not the answer I wanted, it was what I had expected. As a result the client’s income for the year was in excess of the PTR maximum.

Because of the example I used with capital gain income I believe this is grossly unfair.

TAFN

Monday, May 24, 2010

NEWS ON THE PROPERTY TAX REIMBURSEMENT PROGRAM

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I hate doing PTR-1s and PTR-2s.

FYI, these are the application forms for New Jersey’s “Property Tax Reimbursement Program”, aka the “Senior Freeze”.

While I am pleased that such a program exists and that it provides property tax relief to my senior and disabled clients – just as I am pleased that similar relief exists via the NJ Homestead Rebate program – and I want to be sure my clients take full advantage of all the federal and state benefit programs to which they are entitled, to be totally honest I do not want to be bothered with having to keep up with another form.

It is not that I do not want to help my clients if I can. It is just that I am not an expert, nor do I have any interest in becoming one, in the PTR, or Homestead Rebate, or Senior Gold, or PAAD, or applying for student financial aid, or any of the other programs whose forms I am often asked to fill out. Just because I can fill out one set of government forms (the federal and state 1040 series) does not mean that I can fill out all government forms. In most cases I do not know any more about the programs, and sometimes less, than the client.

I am a tax expert and want to limit my services to preparing tax returns only. I spend lots of time keeping up-to-date on federal and state income tax. I do not want to also have to keep up-to-date with non-income tax benefit programs.

However, as I commented to a colleague recently, I guess it “comes with the territory”. And I have reluctantly agreed to help some clients with these application forms (just as I will also file NJ Homestead Rebate applications online for those who ask). I set aside this past Saturday to get these damned things out of the way.

I had a question about what income needed to be included in the calculation and emailed a fellow NJ tax preparer, who led me to the NJ Division of Taxation website and some interesting news on the PTR program.

Here is the word from NJDOT from its website (highlights are mine) -

The proposed State Budget for FY 2011 contains modifications to the Property Tax Reimbursement Program (also known as the “Senior Freeze”). Under the proposal, only those applicants who received a reimbursement for tax year 2008, and whose income for 2009 does not exceed last year’s income limit of $70,000, would be eligible to receive a reimbursement for 2009 provided they met all the other program requirements. For eligible applicants, reimbursements for tax year 2009 (to be paid in 2010) cannot exceed the 2008 reimbursement amount approved for payment.

Under the proposal, residents who were not in the program last year (that is, they were not approved for a 2008 reimbursement) because they did not meet the age, income or other eligibility requirements cannot receive a reimbursement this year even if they meet all the eligibility requirements for tax year 2009.

The Division of Taxation will continue to accept 2009 applications from residents who either did not file a 2008 application or who filed an application for 2008 that was not approved for payment. However, if enacted, the proposed budgetary changes would limit 2009 reimbursements to those who filed a 2008 application that was approved for a reimbursement and whose 2009 income was $70,000 or less
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When asked I have always said that I thought the rebate and reimbursements for seniors would always continue - because if they were taken away the seniors would march to Trenton and burn down the State House. But I don't know any more.
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I have completed, as much as I can, PTR-1 applications for homeowners new to the program and sent them to my clients for filing just in case. We will really not know the story until the budget is passed at the end of June.

In the past, while the initial statutory deadline for filing PTR applications is June 1st, this deadline has consistently been extended, and extended again, until October. In prior years I anticipated this and did not worry if I did not get to a PTR in time for a June 1st filing. However this year, with new “Uncle Chris” and the mucking financial fess that his predecessor left him, I am not at all confident that the deadline will be extended.

While if I am honest I must say that I will be pleased as punch if I do not have to deal with PTRs or Homestead Rebate applications anymore, it bothers me that programs that help seniors and the disabled must be cut instead of getting rid of the tons of pork, entitlements and graft that benefit politicians and their cronies.

TAFN

Wednesday, May 5, 2010

A LITTLE THIS-A AND A LITTLE THAT-A – WITH THE EMPHASIS ON THE LATTA

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+ Monday’s post at THE WANDERING TAX PRO discussed “Some New Jersey Items” of interest.

+ The NJ chapter of NATP will hold a Thursday Breakfast Seminar on Delaware Tax Topics, presented by Delaware Division of Revenue, from 8:30 to 11:15 AM on May 20, 2010 at the Marriott on Route 73 in Mt Laurel, NJ. Participants will earn 3 CPE credits.
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Click here to download the registration form.
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+ Another “systemic” problem?

During the tax season a client received a Notice of “Intended Federal Offset” from the NJ Division of Taxation. I came across a few of these notices during the season.

The notice told the client that the $1,675.85 was owed to the NJ Division of Taxation on the 2001 Form NJ-1040, and that if the client did not pay this amount with 60 days of the date on the notice, which was February 10th, the debt would be submitted to the Federal Offset of Individual Liability Program, the US Treasury Offset Program, and the Multistate Personal Income Tax Refund Set-Off Program. This would mean that future federal and non-NJ refunds would be withheld until the debt, including continuing interest and penalties, was satisfied.

This was the first that the client or I had heard that anything was owed on the 2001 NJ-1040.

I recently emailed a contact in the NJ Division of Taxation regarding this notice, asking WTF it was all about, and received a prompt response.

According to my contact –

Based on a review of our records, I have determined that no further tax amount is due for your clients 2001 NJ-1040.

A systemic error caused a recalculation of the 2001 tax. The adjustment made at the time was inaccurate and should have been eliminated. No notice was sent to your client as the division had not been pursuing the balance
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The email went on –

I have adjusted the 2001 return and the division now shows a $0.00 balance due in this matter. No further underpayment notices will be issued to your client. Additionally, no offset of federal refunds should occur as we have inactivated our claim.”

Thank the Lord that there are a few competent employees at the NJDOT like my contact.

The same contact had helped me correct another “systemic” error with the NJWebFIle process last year. Every client whose balance due 2008 NJ-1040 had been submitted via NJWebFile received a bill from the NJ Division of Taxation about 6 months after the returns were submitted for the balance due on the return, plus penalty and interest – even though the balance due had been timely paid in full in April. It appears that the payment was applied to tax year 2007 and not 2008. This exact same thing had happened in 2005.

The moral of the story – if you receive any kind of notice from the NJ Division of Taxation it is more likely than not that it is erroneous. Do not be scared or intimidated by the notice and automatically pay the balance requested. Check it out. Send a copy of the notice to your tax professional immediately.

In my email of thanks to my NJDOT contact I said that I expect he is getting tired of having to apologize for the many FUs made by the Division.

TAFN