It's
tax preparation time. As the clock ticks inexorably toward
April 17 (two extra days this year because the 15th is a
Saturday), thoughts of big refunds are inescapable. Predictably,
there are also other people who would like to skim some
of your refund by providing tax "advice." Some
of that advice may be phony.
Here
are a dozen popular ploys that could cost you money -- or
land you in jail.
1.
Imaginary children. The earned-income credit offers
lower-income workers a way to save on taxes -- particularly
if you're supporting two or more children. Unscrupulous
tax preparers sometimes "borrow" one client's
"extra" offspring and transfer them to another
filer's return to illegally manufacture this tax break.
2.
Pretend you're a church. In this swindle, con artists
convince individuals to apply for incorporation (called
a "Corporation Sole") under false religious pretexts
so they are entitled to exemption from federal income taxes
as a nonprofit, religious organization. Con artists have
been charging up to $1,000 or more per person to sell the
details of this tax-avoidance scheme.
3.
Someone steals you. Identity theft is the No. 1 consumer
complaint, and the crime can easily escalate during tax
season. The IRS is aware of several scams involving taxes
or the IRS. In one, tax preparers allegedly used client
information, such as Social Security numbers and financial
data, to commit identity theft.
4.
The lemming scam. "I don't pay taxes. Why should
you?" Con artists boast about how they don't file or
pay taxes. They're happy to share their "secret"
-- for a fee. "Un-tax yourself for $49.95." If
you buy this con and accompanying how-to material, you'll
ultimately find yourself out a lot more money. You'll hand
over the price of the fake tax-saving secret and face civil
and criminal tax penalties.
5.
All I do at home is business. The home-based business
must be legitimate. Don't necessarily believe -- or pay
-- promoters of work-at-home plans that purport to make
all your personal expenses tax-deductible. Businesses must
have a clear business purpose and profit motive to claim
business expenses.
6.
Form 2439 rip-off. People offering tax credits or
refunds related to reparations for slavery have deceived
thousands of African-Americans for years. There is no law
that allows for any slavery-related tax breaks. Mention
of Form 2439 (Notice to Shareholder of Undistributed Long-Term
Capital Gains) is the warning sign.
7.
Distrusting trusts. This tax season, abusive trust
schemes are the No. 1 scam. Promoters increasingly urge
taxpayers to transfer assets into trusts. Promises include
bogus benefits such as reduction of income subject to tax,
deductions for personal expenses paid by the trust and a
decrease in gift or estate taxes.
8.
Snake-oil return preparers. Unethical return preparers
hoodwink customers by diverting a portion of the taxpayer's
refund for their own benefit. Tax return preparation shouldn't
be performed on commission.
9.
Zero withholding. These swindles rely on an interpretation
of tax law that wages are not a "source" of income
and that the definition of "sources of income"
doesn't apply to individuals. If anyone brings up Section
861 of the tax code, walk away.
10.
Wade in the water. Hiding income in offshore banks
and brokerage accounts, or using offshore credit cards,
wire transfers and foreign trusts isn't a good idea. This
scam was No. 1 during the 2003 tax season. It's still near
the top, but concentrated IRS efforts in this area (along
with an amnesty program last year) yielded more than $170
million in taxes, interest and penalties associated with
illegal offshore accounts.
11.
"Claim of Right" doctrine. Under what con
artists are calling the "claim of right," perpetrators
of this tax dodge assert that a taxpayer can deduct all
of his or her wages as "a necessary expense for the
production of income" or "compensation for personal
services actually rendered." The IRS says this scam
is "based on a complete misinterpretation of the Internal
Revenue Code and has no basis in law." Try it, and
you'll hear from an auditor.
12.
Fantasy zeros, imaginary time. Some filers enter
zero income, but report their withholding and then write
"nunc pro tunc" -- Latin for "now for then"
-- on their return. It may as well be Greek, because the
IRS still will come after you.
The
Federal Trade Commission works for the consumer to prevent
fraudulent, deceptive and unfair business practices in the
marketplace, and to provide information to help consumers
spot, stop and avoid them.
To
file a complaint or to get free information on consumer
issues, visit www.ftc.gov
or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY:
1-866-653-4261.
The
FTC enters Internet, tax preparation, telemarketing, identity
theft and other fraud-related complaints into Consumer Sentinel,
a secure, online database available to hundreds of civil
and criminal law enforcement agencies in the United States
and abroad.