Sunday, January 13, 2013

Mayan Doomsday Has Nothing on Tax Season


You thought the Mayan Doomsday was coming*, but this year is going to be one of unprecedented frustration for taxpayers.  A slew of regulatory and political factors are going to create a perfect storm over the next two years.  Of course, we have the economy and strained family budgets from years of unemployment, cut hours and underemployment (not enough hours, cuts in pay).  So a lot of people qualify for the Earned Income Credit and various other credits resulting in big refunds.  The bump in cash is taking on added meaning for many.  Adding to this, the ill-advised drop in Social Security and Medicare taxes (the long term solvency is questionable at best, so we will reduce revenue) will create a smaller paycheck in 2013.
*BTW, a friend from Central America pointed out to me that the Mayan’s are amused at the rest of us…the notation relied on as the end of time basically means “end of calendar”, or chisel out a new one.

Then I get to explain to you all the delays in actually getting your refund.  The first part that you may have spotted in the headlines is the delay in the IRS starting to process returns.  That date typically is around January 15th.  This year, it was scheduled for January 22nd but is now going to be January 30th.  Now, if you have your W2 and other documents.  Fireside will then hold your return until it can be processed.  A further caveat, is that a long list of forms may delay your ability to file even further.  There was some talk of delaying the deadline to file because of all of this but that was before the new year and I haven’t seen anything further on that.

Then you also have to face something that has gotten little media attention at all.  That is the IRS fraud and identity theft programs.  There has always been a hefty fraud rate, especially with the earned income credit.  There has been an explosion in identity theft.  This is estimated to be in the neighborhood of 4-5 billion a year.  With the explosion of online, do-it yourself sites, fraudsters don’t even have to show up to a preparer and risk being exposed anymore.  They can go online and do it.  There have also been fake websites set up that lure you in to doing your return through their site, often for “free”.  They then submit your return through a legitimate e-filing site with the slight adjustment of the refund going to THEIR bank account.  Rather than shut down or hinder these sites, the IRS has decided the solution is to further delay your refund to protect you from this.  Annually, the IRS publishes a Refund Cycle Chart where I can tell you if I submit your return by a certain date, you will get your refund on a certain date, usually 1-2 weeks by direct deposit.  Now it is no guarantee but it will usually be there by 26 days.

This is following the IRS and banking regulators virtually banning rapid refunds to protect the poor.  Not that I ever said it was a good deal but when it was legal to offer, I offered the lowest rates and on checks from a local bank so you could cash them for free.  As a matter of fact, my office at the time was in the same mall next to the bank.  But those are gone now.  Again, the government protecting you.

Those reasons for each problem are valid in themselves but there is an unstated reason.  It is very basic and obvious once it is pointed out.  Our government runs an annual deficit over a trillion dollars.  It has been downgraded as a credit risk.  As any seasoned preparer knows, the people who are owed a refund, especially large ones, come in as soon as they have their documents.  Think if you are the IRS.  You now have to write all of those checks.  Now, revenue comes in year round through a system of withholding and requirements for estimated payments.  But there are a substantial number of people that owe and owe big every year.  Those folks do not come in until April.  See the problem?  You have the surge of refunds to pay out but have to wait to get the surge in payouts.  Couple that with Republicans trying to get actual spending cuts to bring spending back in line with receipts using the debt ceiling and you have a problem.  For that reason, if there is an extension of the FILING deadline, don’t expect a delay in the PAYMENT deadline which are typically both April 15.

Finally, the IRS is regulating tax preparers.  It used to be that if you were over the age of 18, had a high school diploma and no felonies involving financial dishonesty, you could prepare taxes.  As a matter of fact, nobody was really checking so even those were not really required.  Now, it is required that a preparer have a PTIN (Preparer Tax Identification Number) which must be renewed annually with background checks and continuing education.  They are also tracking problems on those preparer’s returns and literally walking into the offices to inspect.  Local preparers in Stark County have been suspended and fined tens of thousands of dollars.  In addition, if you are not a licensed attorney or CPA, you have to take a competency exam to be a Registered Tax Return Preparer (RTRP).  Had enough alphabet soup yet?  In addition, preparers are REQUIRED to provide e-filing.  This is another regulatory process that I won’t get into, but it doesn’t bother me because I have always done it anyway. 

I have already passed the competency exam.  You will find a sudden dearth of preparer’s next year since there are 350,000 non-attorney/CPA preparers in the US and the last I heard less than 10,000 had passed the test.  Next season (starting January 2014), all preparers must have taken the test.

Finally, another nightmare awaits in 2014.  That will be the first year that the Obamacare health insurance provisions will be enforced through the income tax returns.  I will put out more on that later.