Podcast: Tax planning strategies to consider implementing by the end of the year

This week we’re covering three California planning strategies to consider implementing by the end of the year.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_11-24-24_revised.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-tax-planning-strategies-to-consider-implementing-by-the-end-of-the-year

Podcast: Tax benefits for military members

This week, we’re covering some of the tax benefits available to military members serving in a combat zone.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_11-19-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-tax-benefits-for-military-members

Podcast: Understand the tax issues of holding a vacation home in an LLC

This week, we’re talking about holding a vacation home in an LLC and the California tax consequences.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_11-17-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-understand-the-tax-issues-of-holding-a-vacation-home-in-an-llc/

Podcast: When are legal fees deductible on Form 1040?

This week we’re discussing when legal fees may still be deductible above the line on the 1040.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_11-12-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-when-are-legal-fees-deductible-on-form-1040/

Podcast: Property tax adjustments for commercial properties

This week we’re covering property tax adjustments for commercial properties.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_11-10-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-property-tax-adjustments-for-commercial-properties

Podcast: Things to consider when choosing a trustee

This week, we’re discussing what to consider when choosing a trustee to manage assets in a trust.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_11-05-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-things-to-consider-when-choosing-a-trustee/

Podcast: Tricks and traps of filing a final corporate return

This week we’re looking at some of the tricks and traps around filing a final corporate return.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_11-03-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-tricks-and-traps-of-filing-a-final-corporate-return

Podcast: Continuing care retirement communities and medical expenses

This week, we’re covering continuing care retirement communities and medical expenses.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_10-29-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-continuing-care-retirement-communities-and-medical-expenses

Podcast: Understand how California treats accrued market discount income

This week we’re discussing how California treats accrued market discount income.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_10-27-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-understand-how-california-treats-accrued-market-discount-income

Podcast: Uber/Lyft workers may soon be receiving back pay and benefits

This week, we’re covering the recent decision by the U.S. Supreme Court not to review the Olsen case challenging AB 5.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_10-20-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-uber-lyft-workers-may-soon-be-receiving-back-pay-and-benefits

Podcast: Wealth planning with intrafamily loans

This week we’re discussing wealth planning with intrafamily loans.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_10-22-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-wealth-planning-with-intrafamily-loans-10-17-24

Podcast: New Form 7217 for reporting property distributed by partnerships

This week we’re covering new Form 7217 for reporting property distributed by partnerships in either a liquidating or nonliquidating distribution.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_10-15-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-new-form-7217-for-reporting-property-distributed-by-partnerships

Podcast: Dividing property in a divorce

This week, we’re covering dividing property in a divorce and how that affects basis and the principal residence exclusion, among other things.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_10-13-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-dividing-property-in-a-divorce

California launches energy-efficiency savings program

California is launching the Home Electrification and Appliance Rebates (HEAR) portion of the federal Home Energy Rebates program, which provides savings on energy efficiency improvements. (U.S. DOE Office of State and Community Energy Programs e-mail (October 8, 2024) Available at: https://content.govdelivery.com/accounts/USDOESCEP/bulletins/3bac79b 

The HEAR program is one of two Federal Home Energy Rebate programs. The first phase of the HEAR program will offer federal rebates that will expand state programs to provide additional support to low- and moderate-income households. 

Available now 

Eligible owners of multifamily buildings can save up to $14,000 per dwelling unit, including up to: 

  • $8,000 for an ENERGY STAR-certified heat pump HVAC; 
  • $4,000 for an electrical panel; 
  • $2,500 for electrical wiring; 
  • $1,750 for an ENERGY STAR-certified heat pump water heater; 
  • $840 for an ENERGY STAR-certified electric stove, cooktop, range, or oven; and 
  • $840 for an ENERGY STAR-certified electric heat pump clothes dryer. 

To apply for the HEAR multifamily program, visit:  

https://techcleanca.com/heehrarebates/  

Available soon 

Eligible owners of single-family homes will be able to save up to the following amounts on ENERGY STAR-certified heat pump HVAC units: 

  • $8,000 for low-income households (i.e., those earning less than 80% of their area’s median income); and 
  • $4,000 for middle-income households (i.e., those earning between 80–150% of their area’s median income). 

Second program launching in 2025 

There also is a second Home Energy Rebates program that California will launch in 2025. Under the Home Efficiency Rebates program, eligible Californians can save money on retrofits that reduce whole-home energy consumption.

Podcast: The risks of a compromised CAF number

This week, we’re talking about the risks of a compromised CAF number and the IRS’s process for handling these.

To listen to this podcast, go to: https://traffic.libsyn.com/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_10-08-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-the-risks-of-a-compromised-caf-number

Podcast: Making adjustments on the California return

This week we’re covering some of the more common California adjustments to be aware of for individual taxpayers.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_10-06-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-making-adjustments-on-the-california-return

Podcast: Large company exemption from beneficial ownership reporting mandate

This week we’re talking about the exemption that “large” companies have from beneficial ownership information reporting requirements.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_10-01-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-large-company-exemption-from-beneficial-ownership-reporting-mandate

Podcast: Another FUTA payroll tax increase is coming

This week, we’re covering the coming FUTA payroll tax increase that’s the result of California’s Unemployment Insurance Fund loan.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_09-29-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-another-futa-payroll-tax-increase-is-coming/

Podcast: SECURE 2.0 Act provisions that may affect Form W-2

This week we’re talking about certain provisions of the SECURE 2.0 Act could affect amounts reported on Form W-2.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_09-24-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-secure-2-0-act-provisions-that-may-affect-form-w-2

Tax professionals may be contacted for IRS survey

Tax professionals may be randomly selected to take part in a voluntary survey to help the IRS improve services to the tax professional community and taxpayers. (IRS e-News for Tax Professionals 2024-38) Invitations to participate in the survey will be sent by mail with follow up via phone call from a Kansas City area code (816). The survey can be completed online or by mail in about 20 minutes.  

The survey will be conducted through December 6, 2024, by ICF, an independent research firm. It covers topics like e-filing, due diligence requirements, data security, and electronic document submission. All responses are anonymous and confidential, and the survey will not ask for personal information about tax professionals or their clients. 

For more information, e-mail or call:  

TaxProfessional@icfsurvey.com  

(888) 504-6387

Podcast: Nonresident sole proprietor income taxability

This week we’re discussing nonresident sole proprietor income taxability in light of several Office of Tax Appeal decisions.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_09-22-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-nonresident-sole-proprietor-income-taxability-9-22-24

Podcast: Know when a private collection agency call is legitimate

This week we’re talking about how taxpayers can know when a call from a private collection agency is legitimate.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_09-17-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-know-when-a-private-collection-agency-call-is-legitimate-9-17-24/a>

Podcast: You don’t have to dissolve a California entity by December 31

This week we’re discussing the common misconception that a California entity needs to be dissolved by December 31 to avoid the $800 annual tax from accruing for the following year.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_09-15-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-you-dont-have-to-dissolve-a-california-entity-by-december-31

Podcast: Inherited Roth IRA accounts and RMDs

This week we’re discussing RMD requirements for inherited Roth IRAs.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_09-10-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-inherited-roth-ira-accounts-and-rmds

Podcast: Calculating California tax on trust income

This week we’re covering calculating California tax on trust income.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_09-08-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-calculating-california-tax-on-trust-income

Podcast: Parent/child property tax transfers under Prop. 19

This week, we’re talking about changes that Proposition 19 made to transfers of California real property between parents and children.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_09-01-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-parent-child-property-tax-transfers-under-prop-19

Podcast: Registration tips when using the IRS’s IRIS portal

This week we’re discussing registration tips for using the IRS’s IRIS portal for information returns.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_09-03-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-registration-tips-when-using-the-irss-iris-portal

Podcast: When to file MFS versus MFJ

This week we’re discussing the advantages and disadvantages of filing married filing separate versus married filing joint.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_08-27-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-when-to-file-mfs-versus-mfj

Podcast: Be the hero: Make sure your clients don’t lose out on withheld amounts

This week, we’re talking about nonwage withholding and some tips for tax pros to make sure clients don’t lose out on withheld amounts.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_08-25-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-be-the-hero-make-sure-your-clients-dont-lose-out-on-withheld-amounts

BOE releases information guide for property destroyed in a disaster

The BOE has released Publication 802, Information Guide for Disaster Relief for Damaged or Destroyed Property. Publication 802 is intended to help taxpayers understand the different types of property tax relief available if their property is damaged or destroyed from a natural disaster, such as a wildfire, flooding, or earthquake; or if their property is damaged or destroyed from a misfortune, such as an electrical fire. Publication 802 also describes what qualifies for relief under R&TC §170, how property taxes are adjusted to grant relief for the damaged or destroyed property, and how and when to apply for relief. It discusses available relief once the property is rebuilt or if the property owner decides to purchase a different property. 

The publication is available at: 

https://boe.ca.gov/pdf/pub802.pdf  

Podcast: Multifactor authentication is a requirement for tax professionals

This week we’re discussing the multifactor authentication requirement for tax professionals to safeguard sensitive client information.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_08-20-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-multifactor-authentication-is-a-requirement-for-tax-professionals

Podcast: Inherited basis in joint tenancy assets

This week, we’re discussing how to determine the basis of inherited property that’s held in joint tenancy.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_08-18-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-inherited-basis-in-joint-tenancy-assets

SWIFT users may see an update message

The FTB’s current SWIFT VeriSign certificate will expire on September 9, and the new VeriSign certificate will be installed on Tuesday, September 3, 2024, between 5:00 a.m. and 7:00 a.m. PST. (FTB e-File News (August 15, 2024)) When a user logs into the SWIFT system after the new certificate has been installed, they may receive a message requiring them to accept the new certificate. Once a user accepts the new certificate, they should not receive any further messages. 

VeriSign certificate information that is embedded into an automated file transfer process that uses SWIFT will need to be updated with the new certificate information. 

Questions or comments can be sent to the FTB’s e-file Coordinator at:  

efile.coordinator@ftb.ca.gov

The FTB uses the Secure Web Internet File Transfer (SWIFT) system to transmit and receive confidential information to and from taxpayers and their tax professionals. This system is used by tax professionals to e-file returns and information returns with the FTB that are not currently part of the Combined Federal/State Filing Program.

Podcast: The varied uses of Form 2553

This week we’re talking about Form 2553 and the ways it can be used beyond just for making an S corporation election.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_08-13-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-the-varied-uses-of-form-2553

Podcast: Tips for filing Form FTB 3840

This week, we’re discussing some tips for filing Form 3840 to report certain like-kind exchanges.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_08-11-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-tips-for-filing-form-ftb-3840

BOE announces 2024 Taxpayers’ Bill of Rights hearing

The BOE has scheduled the 2024 Taxpayers’ Bill of Rights Hearing on August 27, 2024, beginning at 10:00 a.m. Taxpayers and stakeholders will have the opportunity to comment on the Taxpayers’ Rights Advocate’s Annual Report or share suggestions, comments, or concerns on California’s property tax system and the Alcoholic Beverage Tax. Taxpayers and stakeholders can participate in person, by phone, or submit written comments in advance. 

Details regarding the hearing are at:  

https://boe.ca.gov/pdf/pub317-BOE.PDF

Additional information can be found at: 

www.boe.ca.gov/tra/

Podcast: Tricks and traps of the credit for electric and hybrid vehicles

This week, we’re talking about the credit for electric and hybrid vehicles, and some clarifications to be aware of.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_08-06-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-tricks-and-traps-of-the-credit-for-electric-and-hybrid-vehicles

Podcast: Help your clients avoid Web Pay errors

This week we’re covering common errors taxpayers make when using FTB’s Web pay system, and some tips for avoiding those mistakes.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_08-04-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-help-your-clients-avoid-web-pay-errors

Podcast: Understanding the mega back-door Roth strategy

This week we’re discussing the mega back-door Roth and what’s required to be able to take advantage of this strategy.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_07-30-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-understanding-the-mega-back-door-roth-strategy

Podcast: Avoid these causes for POA rejections

This week, we’re covering reasons why the FTB may reject a Power of Attorney submission and tips for avoiding errors.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_07-28-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-avoid-these-causes-for-poa-rejections

Podcast: Update on digital asset reporting

This week, we’re covering the latest guidance on digital asset reporting.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_07-23-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-update-on-digital-asset-reporting

Podcast: Administrative dissolution for nonoperating businesses

This week we’re covering the voluntary and involuntary administrative dissolution process for nonoperating entities.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_07-21-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-administrative-dissolution-for-nonoperating-businesses/

Podcast: Planning for Roth SEP and SIMPLE IRAs

This week we’re discussing Roth SEP and SIMPLE IRAs, how to report contributions, and planning tips.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_07-16-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-planning-for-roth-sep-and-simple-iras

Podcast: Remote worker issues: two common scenarios

This week we’re covering two common scenarios that arise when employees are working remotely.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_07-14-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-remote-worker-issues-two-common-scenarios

Receiving text messages from the FTB

The FTB may contact tax professionals and taxpayers by text message for specific reasons (see list below); however, the FTB does not send text messages to request personal or financial information or account numbers.

One-time text

Individuals can call the FTB’s Liens Program Interactive Voice Response (IVR) at (916) 845-4350 and select the option to receive a text. The text will provide a link to ftb.ca.gov and instructions on how to make a payment.

Ongoing texts

Individuals and tax professional representatives can manage the text message notifications through their MyFTB account. They can choose to receive text messages, change which number the FTB sends texts to, or stop receiving text messages.

Individuals with a MyFTB account can update their profile to receive text message alerts from the FTB if one of the following activities occur on their account:

  • A new notice or document is available to view online;
  • The FTB approved a new Tax Information Authorization (TIA) relationship or approved a tax professional’s request to renew the TIA;
  • A tax professional submitted a Power of Attorney (POA) declaration that needs to be approved or rejected;
  • A tax professional with a TIA or POA relationship requested full access to their MyFTB online account pending authorization; and
  • An update to contact preferences was made online to add, change, or remove SMS text notifications.

If an individual did not request to be contacted by text message, they should not respond or click on any links. The incident can be reported through the FTB’s Scams page.

Podcast: Investing for young adults

This week, we’re covering investment strategies for young adults and children.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_07-09-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-investing-for-young-adults

Podcast: What does it mean to be “doing business” in California?

This week we’re covering what it means to be doing business in California for the purposes of filing returns and paying the annual or minimum franchise tax.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_07-07-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-what-does-it-mean-to-be-doing-business-in-california

Podcast: Social Security simplifies the disability evaluation process

This week, we’re covering changes that the Social Security Administration is making to simplify the disability evaluation process.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_07-02-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-social-security-simplifies-the-disability-evaluation-process

Podcast: EDD is auditing loan-out corporations

This week, we’re discussing the use of loan-out corporations, which are in the crosshairs of the EDD for AB 5 purposes.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_06-30-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-edd-is-auditing-loan-out-corporations

Podcast: Final regulations released for increased clean energy project benefits

This week, we’re talking about final regulations the IRS has released for increased clean energy project benefits.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_06-25-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-final-regulations-released-for-increased-clean-energy-project-benefits/

Podcast: Real estate withholding and trusts

This week we’re covering how real estate withholding is reported when the property is owned by a trust.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_06-23-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-real-estate-withholding-and-trusts

Podcast: Limited partner self-employment tax back in the courts

This week we’re discussing limited partners and self-employment tax, and some recent cases on this issue.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_06-18-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/limited-partner-self-employment-tax-back-in-the-courts

Podcast: California tax rates: what’s included?

This week we’re talking about what factors into a taxpayer’s tax rate and how it can add up.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_06-16-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-california-tax-rates-whats-included

CDTFA hosting technology transfer agreement workshop

The CDTFA has announced that it will hold a second workshop on June 27 to allow interested parties to discuss and provide input on crafting a discussion paper on proposed regulatory changes to 18 Cal. Code Regs. §1507, related to technology transfer agreements (TTAs).  

Under California’s technology transfer agreement statutory and case law, the value of a copyright/patent holder’s transfer of the use of the copyright/patent can’t be included in the software’s taxable base even if it is sold or transferred on tangible personal property (TPP). How to determine whether a transaction involves a TTTA and to distinguish between the value of the intangible and tangible property has been an ongoing issue for over 10 years. 

The last interested parties meeting on proposed regulatory changes was held in late 2019 with no resolution. In early 2024, the first workshop was held and participants expressed interest in a second workshop.  

The topics for discussion at the second workshop include, but are not limited to:  

  • Creating a rebuttable presumption that for consumer transactions the price charged for the transaction is equal to the value of the transferred TPP; 
  • Creating a rebuttable presumption regarding intellectual property rights transferred with embedded software; 
  • Establishing an auditable safe harbor;  
  • How to determine if a separately stated price is reasonable; and 
  • Any other TTA-related topic raised by participants. 

For more information, go to:

www.cdtfa.ca.gov/taxes-and-fees/TTAWorkshopPaperWeb061324.pdf

Podcast: New Energy Efficient Home Credit

This week we’re covering the requirements for the New Energy Efficient Home Credit available to builders and contractors.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_06-11-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-new-energy-efficient-home-credit

Podcast: FTB has started its annual outreach letter campaign

This week, we’re covering the FTB’s annual outreach campaign to certain taxpayers who filed Schedule A and Schedule C.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_06-09-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-ftb-has-started-its-annual-outreach-letter-campaign

Podcast: Solar panel payments and property taxes

This week we’re covering the tax effects of financing solar panels through the PACE and HERO programs.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_06-04-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-solar-panel-payments-and-property-taxes

Podcast: Worker classification and tax professionals

This week we’re covering when a tax professional may be classified as an employee versus an independent contractor, and exemptions from the application of the ABC test to tax professionals.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_06-02-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-worker-classification-and-tax-professionals

Podcast: Know when a private collection agency call is legitimate

This week we’re covering the private collection agencies used by the IRS, and how to know if a call from one of these agencies is legitimate.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_05-28-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-know-when-a-private-collection-agency-call-is-legitimate

Podcast: Be ready to make the June 17 passthrough entity tax prepayment

This week we’re covering some things to keep in mind about making the June 17 passthrough entity elective tax prepayment.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_05-26-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-be-ready-to-make-the-june-17-passthrough-entity-tax-prepayment/

Podcast: Repaying Social Security benefit overpayments

This week we’re talking about repaying Social Security benefit overpayments, and some recent policy changes regarding these payments.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_05-21-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-repaying-social-security-benefit-overpayments

Podcast: MyFTB multi-factor authentication coming soon

This week we’re discussing the FTB’s new multi-factor authentication process for MyFTB Accounts.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_05-19-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-myftb-multi-factor-authentication-coming-soon

Podcast: When do you need to file an amended income tax return?

This week we’re covering when a taxpayer is and is not required to file an amended return.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_05-14-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-when-do-you-need-to-file-an-amended-income-tax-return

Podcast: Are your clients just receiving 2022 LLC fee late-payment notices?

This week we’re covering LLC fee late-payment notices for 2022 that some taxpayers have only recently received.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_05-12-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-are-your-clients-just-receiving-2022-llc-fee-late-payment-notices/

Podcast: Homeowners association dues and assessments

This week we’re discussing homeowners association dues and assessments and when they’re deductible.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_05-07-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-homeowners-association-dues-and-assessments

Podcast: Property tax increases for partial transfers

This week we’re talking about property tax increases for partial transfers of property.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_05-05-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: https://www.caltax.com/research/california-taxletter/podcast-transcripts/property-tax-increases-for-partial-transfers/

Podcast: Understanding Form 1098-Q

This week, we’re covering Form 1098-Q, which provides information on qualified longevity annuity contracts.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_04-30-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-understanding-form-1098-q

Podcast: Tax treatment of CalPERS long-term care premium settlement

This week we’re covering the tax treatment of CalPERS long-term care premium settlement payments.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_04-28-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-tax-treatment-of-calpers-long-term-care-premium-settlement

Podcast: ERC relief still available beyond the Voluntary Disclosure Program

This week we’re covering two avenues still available for taxpayers who missed the Employee Retention Credit voluntary disclosure program.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/3abc36a0-3ad2-42d1-b492-5741db3adc14/FTM_04-23-24.mp3

Subscribers to Spidell’s Federal Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/spidell-federal-taxletter/podcast-transcripts/podcast-erc-relief-still-available-beyond-the-voluntary-disclosure-program

Podcast: Bill would ease passthrough entity tax prepayment requirement

This week we’re covering a bill that has been introduced which would allow entities to make a passthrough entity tax election even if they didn’t make a June 15 prepayment.

To listen to this podcast, go to: https://traffic.libsyn.com/secure/spidellpublishing/SCM_04-21-24.mp3

Subscribers to Spidell’s California Taxletter® or the Online Research Package can access the transcript here: www.caltax.com/research/california-taxletter/podcast-transcripts/podcast-bill-would-ease-passthrough-entity-tax-prepayment-requirement

Tribune: Spidell’s Tax Season Tribune: Farewell until 2025!

This is it: the final issue of Spidell’s 2024 Tax Season Tribune. Hopefully we have provided you with some levity during this filing season, and maybe a few new jokes to tell at parties. Don’t forget to follow us on LinkedIn, Facebook, and Instagram — you’ll get great information there, too.

We’ll continue to provide you with more analysis, seminars, and breaking tax news. Next Sunday, Spidell’s California Minute® podcast returns for its ninth season, and Spidell’s Federal Tax Minute® podcast will be back starting April 23.

Tribune: TikTok tax advice

The IRS is warning taxpayers of the inaccurate and misleading tax advice coming from social media, including TikTok among other sources. Before you roll your eyes at me, let me say up front that the IRS’s warning is less about Chinese disinformation and more about faux experts run amok.

Who would have thought that a group of people whose lives depend on “clicks” would provide anything but sound professional tax advice? To save you the time, I watched a TikTokker (wearing cut off jean shorts and a tank top) explain that all you have to do is start an LLC, and you can deduct all your cell phone, car, and other expenses against your other income — no actual business purposes needed. Why didn’t I think of that?!? Oh yeah, because it’s tax fraud, you dolt!

So, as I end my last Tribune article of this tax season, let’s raise a glass to TikTok tax influencers and artificial intelligence creators alike! They will give real professionals plenty of job security to last (… at least until I’m ready to retire).

Until next year!

Tribune: IRS backpedals on medical expense deductions

In March 2023, the IRS issued new FAQs on their website addressing whether certain costs related to nutrition, wellness, and general health are classified as medical expenses under IRC §213.1

The FAQs reminded individuals about the deductibility of expenses like smoking cessation programs, therapy, weight loss programs, and gym memberships.

However, it seems that people were taking the IRS’s advice too far because almost exactly a year later, the IRS issued an alert reminding taxpayers that personal expenses for general health and wellness are not considered medical expenses under the tax law.2

Specifically, general welfare expenses that are not specifically for the purpose of diagnosis, cure, mitigation, treatment, or prevention of disease are not deductible or reimbursable under health flexible spending arrangements, health savings accounts, health reimbursement arrangements, or medical savings accounts (FSAs, HSAs, HRAs, and MSAs).

The IRS noted that some companies were misrepresenting the circumstances under which food and wellness expenses can be paid or reimbursed under FSAs and other health spending plans. FSAs and other health spending plans that pay for, or reimburse, nonmedical expenses are not qualified plans. If the plan is not qualified, all payments made to taxpayers under the plan, even reimbursements for actual medical expenses, are includible in income.

Tribune: A new look on the horizon

We are excited to announce that in May, Spidell will begin to roll out a new look and feel for our brand! This includes a new logo and a fresh look for our marketing and subscription e-mails. But you can be sure that behind these visual upgrades, there will be the same high-quality tax analysis that you have come to trust and expect from Spidell.

Tribune: The tax man cometh, and the therapist is right behind

Filing season can be hard on everyone, tax pros and taxpayers alike. But a recent poll by Cash App Taxes revealed that 25% of Gen Z taxpayers said they get so stressed during filing season, they need a therapist.1 Further, 54% of that same group said that filing taxes has brought them to tears in past years or they expect it will this year.

This could open up a new advertising avenue for tax professionals: “No-More-Tears Tax Prep.”

(If Cash App Taxes sounds familiar to you, they were the ones involved in the logo dispute with H&R Block, which we covered in the March 5, 2023, issue of Spidell’s Tax Season Tribune.2)

AB 984 to the rescue

In an attempt to bolster the financial literacy of young people leaving high school, California’s AB 984 would require a one-semester course in economics that would include content in personal finance as a requirement to graduate.

According to the bill’s authors, “AB 984 guarantees access to a personal finance course to all high school students, instilling them with the skills and support they will need throughout their lives.” Problem solved.

Except the bill analysis admits that there have been numerous past attempts to mandate personal finance instruction in high school, but research into whether this instruction is actually effective has mixed results.3 Specifically:

“One author concludes that, ‘We have long noted with dismay that students who take a high school course in personal finance tend to do no better on our exam than those who do not. This finding has been a great disappointment to consumer educators and to those who support efforts to make courses in personal finance a requirement for high school graduation, and it points to the need for better materials and teacher training.’ (Mandell, 2006).”

Until personal finance finds its way into the curriculum, filing season might be a boon to therapists. And taxpayers will want to refer to the IRS’s FAQs to see whether those therapy costs are deductible medical expenses. But more on that next week.

Tribune: Judge tosses tree thrower’s disability case

You win some, you lose some. An Irish woman lost out on a payout worth more than $800,000 in U.S. dollars in an injury lawsuit after the judge dismissed her claim earlier this year because she won a tree-throwing competition just months after her supposed injury.

Kamila Grabska claimed that a 2017 car accident left her with pain in her back, neck, and spine, and she filed an insurance lawsuit in 2022 claiming she was unable to work for the previous five years.1

In court proceedings in Limerick,2 she was questioned about a photo published by a local newspaper the year after her injury that showed her heaving a Christmas tree through the air.3 Grabska said in court that she was only trying to “live a normal life.” Other evidence presented included video of her playing with a dog for up to an hour and a half.

Judge Carmel Stewart described the tree-throwing photo as “very graphic,” and dismissed Grabska’s lawsuit, saying “I’m afraid I cannot but conclude the claims were entirely exaggerated.”

As this tax season is winding down, here’s hoping you haven’t had to deal with a questionable return that may feel entirely exaggerated in its own way. After all, you can only trust a troublesome client as far as you can throw him, which is good news — unless, of course, you’re in Ireland and that client is a tree.

Tribune: Which words have been banned this year? Wait for it…

In a past Tribune issue, we covered the Banished Words List, which is released annually by Lake Superior State University in Sault Ste. Marie in the Upper Peninsula of Michigan. The 2024 list contains the following words:

  • Hack
  • Impact
  • At the end of the day
  • Rizz
  • Slay
  • Iconic
  • Cringe-worthy
  • Obsessed
  • Side hustle
  • Wait for it

You can read about the selection committee’s reasoning at www.lssu.edu/traditions/banishedwords/.

The Banished Words List is not the only fun tradition held by LSSU. In 1971, a faculty member started the Unicorn Hunters club. The club disbanded when he retired in 1987, but you can still get a unicorn hunting license through the university’s Department of Natural Unicorns.

The university also welcomes spring to the Upper Peninsula each year by burning a 10- to 12-foot paper snowman at high noon on the first day of spring.

Tribune: Counterfeit ring’s counterfeit rings seized by feds

U.S. Customs and Border Protection in Cincinnati recently seized a shipment containing 90 fake championship rings that, if they had been real, would have been worth $2.71 million.1

The shipment contained 40 2019 Kansas City Chiefs Super Bowl rings, 20 1969 Kansas City Chiefs Super Bowl rings, 15 1985 Kansas City Royals rings, and 15 2022 Kansas Jayhawks championship rings. All of the pieces were made with cheap materials and faux gemstones, and bore the registered trademarks of the NFL, NCAA, and MLB.

The shipment appeared to be a person-to-person transaction, a common counterfeiting technique where the shipment is sent to one person who then mails out smaller prepackaged parcels to U.S. addresses, bypassing scrutiny.

The Cincinnati package was flagged for a physical search after an X-ray examination yielded inconclusive results.

Don’t forget about use tax

However, counterfeiters may not only land in trouble with Customs and Border Protection. In a recent tax appeal in California, a counterfeiter was also slapped with use tax on the street value of the fake goods he was holding.

The taxpayer was in the business of selling counterfeit handbags, belts, wallets, and sunglasses in Los Angeles.2 The taxpayer sold two counterfeit items to an investigator, and based on those purchases, the California Department of Tax and Fee Administration (CDTFA) was able to determine the approximate markdown percentage of the counterfeit items as compared to what the items would have cost if they were legitimate. The two counterfeit items totaled $1,280, but the MSRP if they had not been counterfeit would have been $165,510. This resulted in a markdown percentage of 12,830.47%.

The CDTFA then applied the markdown percentage to the $13,059,470 MSRP of all of the confiscated goods. They determined that the taxpayer could have sold all of those goods for $100,998, and based the use tax owed on this amount.

The taxpayer was convicted of two counts of counterfeiting.3 Therefore, because he is a “convicted purchaser,” his purchases of counterfeit items for resale were subject to use tax because any purchase of counterfeit items he made prior to being convicted constitutes a taxable storage or use of those items.4

Tribune: California: the anti-red state

Before your blood starts to boil, I’m not talking about Communists, Republicans, or Buckeyes fans. This is something much more pervasive that affects all of us. Red dye #3.

If you’re old enough, you remember the disappearance of the original red M&M, which was discontinued in 1976 when the FDA removed red dye #2 from its safe list. We somehow survived red-M&M-less until 1987 when they returned using red dye #40 (except in Europe, where that dye is banned; this should probably be of some concern to us, but that’s a topic for another day).

However, red candies are again on the chopping block in California, following the passage of AB 418 in 2023,1 which, beginning January 1, 2027, prohibits the sale of any food product containing any of the following: brominated vegetable oil, potassium bromate, propylparaben, and red dye #3.

Candies such as Skittles and Nerds contain red dye #3, as do pink and purple Peeps, certain chocolate milk products, and boxed cake mixes.2 The Environmental Working Group’s Eat Well Guide returns a list of around 3,000 products containing the dye.3 M&Ms do not appear on the list; however, Mars didn’t use red dye #2 in its red M&Ms, either, but discontinued them anyway to avoid consumer confusion.

The future of the red M&M again hangs in the balance. And if it’s discontinued, maybe Mars will just replace it with more blue ones.

Tribune: Bad tax joke(s) of the week

Thank you to everyone who sent in their tax jokes over the last several weeks. Here are a few final submissions from another Tribune reader, Tom K.:

Why did the accountant get into trouble at culinary school? He was cooking the books.

Why was the mullet being audited? Because he wasn’t up front with his business.

Why did the swimmer throw all his gear into the water? Because his accountant told him to pool all his resources.

We’ll wrap up our joke series on this April Fools’ Day Eve with a trip through the Tribune archives. Check out our 2021 article on a few tax-related pranks from years past.

Tribune: Statue of limitations: Measure twice, cut once

It’s just a statue commemorating probably the most beloved Los Angeles Lakers basketball player ever, no big deal.

After the February unveiling of a new statue dedicated to Kobe Bryant at Crypto.com Arena, someone finally took the time to read the various inscriptions on the base of the statue. It probably would have been easier to mark any edits using a program like Microsoft Word than applying red pen to polished granite, but the Lakers have announced they’re working on correcting the following:1

  • Former NBA players José Calderón and Von Wafer’s names are misspelled Jose Calderson and Vom Wafer; and
  • The phrase “DNP – Coach’s Decicion” appears directly under the correctly spelled “DNP – Coach’s Decision.”

It’s supposed to be like that

Another [less costly] option would be to claim that the errors were made on purpose. The 2017 unveiling of a statue on the USC campus included verses from Hamlet and the playwright’s name: Shakespear.

When pressed on the missing final e, the university said they did it on purpose, citing the various spellings of the Bard’s name throughout the centuries, for example Shakspeare, Shakspere, Shaksper, Shackspeare, and Shagspere. They had chosen an older spelling on purpose, even though it was less common. (Sure [wink].)2

Tribune: “Nobody needs another foundation”

At first, Marlene Engelhorn just had “family money”; you, know, the kind you have when you’re a descendant of Friedrich Engelhorn, the man who started the German chemical company BASF. But when her grandmother passed away in 2022, she inherited €25 million.

Prior to the inheritance, she had already founded TaxMeNow, an initiative of wealthy people actively working for tax justice in Germany, Austria, and Switzerland. Frustrated that her inheritance wasn’t taxed (Austria eliminated its inheritance tax in 2008), she has chosen to give away the €25 million. A team of 50 individuals will decide what to do with the funds. The group was chosen through a statistical process to be representative of the overall Austrian population.

Engelhorn noted, “I’m just one brain, I’m just one person and so to me, this is a huge relief knowing that the process of redistribution is much more legitimate and thorough and democratic than I could ever do it. Nobody needs another foundation.”

Tribune: Bad tax joke(s) of the week

Here are a few more bad tax jokes for this week. The first comes from a reader who remembers hearing it from former Spidell speaker Steve Honeyman at a seminar years ago.

Two IRS agents are looking up at a flagpole, trying to figure how tall it is. Just then, two accountants are walking by and see the agents wondering how to measure the flagpole. The accountants walk up to the flagpole, take it out of the ground, and lay it on the ground. They measure the pole. They walk over to the IRS agents and say, "It’s 46 and 1/2 feet." Then the accountants walk away.

At this point one IRS agent says to the other, “Isn’t that just like an accountant? They told us how long it was and not how tall it was."

Did you hear about the CPA from Dallas who took on 100 new clients this year? He’s deep in the heart of taxes.

Did you notice that when you put the words “the” and “IRS” together, it spells “theirs”?

Tribune: Reflections on St. Patrick’s Day

Growing up in the Chicago area, I’ve always had fond memories of St. Patrick’s Day … and not all of them relate to the thousands of Irish bars that can be found in the Chicago area.

I remember working in an office that was located on the Chicago River and watching as the city “dyed” the river green for the day. However, to be honest, some years it was hard to tell the pre- and post-dye river apart. 

I also recall watching Jane Byrne, the city’s first female mayor, wearing a long green fur coat for the St. Patrick’s Day parade. Although I must confess when I did a Google search to try to find a picture of the coat, all that came up were stories about how she moved into Cabrini Green (one of Chicago’s infamous housing projects) as a way to improve public safety and investment in the area. The woman had chutzpah … but I digress.

But enough about my memories.  Here are some fun facts about St. Patrick’s Day:1

  • St. Patrick wasn’t Irish (it is said he hailed from Wales or Scotland), although that doesn’t stop Ireland from declaring it a national holiday. Nor was St. Patrick’s name Patrick (he was born Maewyn Succat) and despite the stories, he didn’t banish snakes from Ireland as Ireland didn’t have snakes;
  • 13 million pints of Guiness are consumed on March 17 across the world; and
  • Two million people attend New York City’s St. Patrick’s Day parade.

And what’s St. Patrick’s Day without a few Irish jokes (the clean ones)?2

  • How come you can never borrow a few quid from a leprechaun? Because they’re always a little short!
  • What does an Irishman get after eating a load of Italian food? Gaelic breath.
  • How come Irish golfers can’t finish their game on St. Patrick’s Day? Because they refuse to leave the green!

And lastly, one of my favorite Irish sayings:

“May your day be touched by a bit of Irish luck, brightened by a song in your heart and warmed by the smile of the people you love.”

Tribune: Don’t blame me, it’s A.I.’s fault

It’s the dawn of artificial intelligence (or A.I. for short) and the beginning of the end of actual intelligence. Every industry is experimenting with and developing A.I. tools, but who’s to blame when A.I. screws up?

Recently, Air Canada tried arguing in a court of law that they weren’t liable for their customer service A.I. chatbot giving a customer incorrect information regarding its bereavement travel policies. Thankfully the court didn’t let Air Canada escape liability for its own creation.

But have no fear, there is sure to be endless creative legal arguments in this decade and the next as businesses try to automate and argue that it’s not their fault when their monster fails to deliver as promised. At the very least, it should provide some good reading (for those of us who still can).

How many of us have lamented the lack of decent help and the rise of the growing social media “influencer” army. An entire generation full of people sprinting into stupidity as fast as they can. Well, it won’t be long until skilled work is entirely automated. I am afraid that Mike Judge’s Idiocracy will become a reality, and much faster than the 500 years he predicted it would take.

Tribune: The last normal filing deadline

Remember April 15? It has gone the way of the 8-track, the VCR, the payphone, the McDLT, cursive, the horse as transportation, long-distance calling charges, bloodletting, smoking in a hospital … the list goes on.

Since winter storm disaster declarations are the new norm, it’s interesting to note that the last true April 15 filing deadline for many taxpayers, including nearly everyone in California, was the 2019 filing season (for 2018 returns).

We can feel the breeze from the collective sigh of relief emanating from our readers each time the deadline is postponed. Can Congress just get their act together and either stick to their promise of simplifying the tax code or push out the filing deadline by a month permanently? One can only dream.

 

Tribune: Did I just find the ultimate loophole?

I keep a four-panel cartoon pinned in my office with Snoopy sitting atop his doghouse at his typewriter telling the IRS that he’d like to cancel his subscription and to please remove his name from their mailing list.

While funny, merely asking to be removed from the IRS’s mailing list won’t work to get the IRS off your back. But, according to the Treasury Inspector General for Tax Administration,1 77,868 living taxpayers found the ultimate loophole: They found their way onto the IRS’s list of dead people. Well, that’s one way to get the IRS off your back.

This year, I’m celebrating the 25th anniversary of my first tax season in this industry. After 25 years, if I manage to find my way onto the IRS’s dead people list, I might just quietly retire to a log cabin on a trout stream as far away from a cell tower as I can get. If that proves too cold for this Southern California native, then a deserted tropical island is my fallback plan.

I wonder if helping clients “accidentally” get on the IRS’s dead list could be a new revenue stream for my practice. It can’t be too much different than advising clients on how to become California nonresidents, right?

Tribune: Follow-up on cannabis auction: If at first you don’t succeed, don’t try again

In case you couldn’t make it to the CDTFA’s first public auction featuring property seized during cannabis enforcement actions  (see “Make sure to set a repeated reminder about this upcoming event” in the February 11, 2024, issue of Tribune), here’s an update.

The good news for the CDTFA is that everything was sold – success! This included items like televisions, money-counting machines, paper shredders, and a snow cone machine.  All proceeds will be applied to the $14.4+ million in unpaid taxes from 10 Los Angeles-based cannabis operations.

The bad news is that the auction yielded a stupefying $2,075 (there are no missing digits between the dollar sign and the 2). What?! That means each of the cannabis operations gets a credit of only about $200.

Overall result: $14.4+ million in unpaid taxes.

Tribune: Guinness World Records waffles on Eiffel Tower model

In a dramatic reversal, Guinness World Records has updated its policy regarding matchsticks, which resulted in a new record-holder in the category “tallest matchstick sculpture.”1

The policy change came after Richard Plaud unveiled his 23.5-foot tall 1:45 scale model of the Eiffel Tower, which was built using over 700,000 matchsticks and validated by a surveying firm. Unfortunately, Guinness rejected the model when it discovered that Plaud had not used standard matchsticks like the ones purchased in a store. Instead, Plaud had contracted directly with a matchstick company to purchase matchsticks in bulk … without the flammable tip. Because his matchsticks didn’t contain the usual sulfur blob, they were ruled to be too different, and the model was disqualified.

However, days later, Guinness announced that it had “corrected some inconsistencies within our rules which now allow the matchsticks to be snipped and shaped as the modeller sees fit.”

Plaud’s Eiffel Tower was awarded the new record, ousting Toufic Daher of Lebanon, whose 6-million-match scale replica of the Eiffel Tower in Beirut stands around 21.4 feet.

Tribune: Bitcoin bather sentenced

Last year, we covered the case of the Harmon brothers,1 whose darknet crypto mixing business was shut down for money laundering. The IRS had seized various assets, including a cryptocurrency storage device that the IRS was not able to crack the password for.

However, one of the brothers was able to recover $4.9 million in bitcoin (now worth over $20 million) from that cryptocurrency account because he knew the password, which allowed him to transfer the cryptocurrency from the seized account to his own wallet. Naturally, one of the first things he did (after further laundering the recovered bitcoins) was visit a nightclub, fill a bathtub with cash, and take a bunch of selfies.

Update: He was sentenced to four years for stealing over 712 bitcoins that were the proceeds of the darknet bitcoin mixer and subject to forfeiture in the then-pending criminal case against his brother.2

Mix master

Crypto mixing, or crypto tumbling, mixes potentially identifiable or "tainted" cryptocurrency funds with others to hide the fund’s original source.3 Funds from multiple sources are pooled together for a random period of time, and then they are redistributed at random times, making it difficult to trace the cryptocurrency’s source.

Mixing helps protect and maintain the privacy of using cryptocurrency. But due to its involvement in illegal activities, and because mixing services have been known to steal coins during the mixing process, many have suggested that mixing services be criminalized.

Tribune: You deserve a break today

Last year, a McDonald’s franchisee in Louisville got busted for violating federal labor laws after the Labor Department discovered that two ten-year-old children were employed, who sometimes worked as late as 2 a.m. and who were not paid.1

After digging deeper, it turned out the two ten-year-olds had come to work with their parent, who was one of the night managers. However, management had not approved the children to be in the employee parts of the restaurant where the deep fryers, grills, and ovens are.

Not-so-happy meal

A child operating the deep fryer may explain another McD’s mishap. A McDonald’s in Florida was sued for serving excessively hot food, but this time instead of coffee, it was a 200-degree chicken McNugget.2 The McNugget was part of a happy meal order that landed in the lap of a four-year-old, who dropped the McNugget onto her bare leg, where it left a second-degree burn. The family was awarded $800,000.

The infamous “hot coffee case” involved 79-year-old Stella May Liebeck, who spilled an entire cup of McDonald’s coffee into her lap, resulting in third-degree burns. To cover medical expenses and lost wages for her daughter (who cared for her during her initial three-week recovery from the skin grafting process), Liebeck sought to settle for $20,000. McDonald’s refused, and offered $800. When Liebeck sued, a jury awarded her $200,000 in compensatory damages and $2.7 million in punitive damages. A judge reduced these amounts to $160,000 and $480,000, respectively, and both parties appealed, settling out of court for an undisclosed amount.

Tribune: Bad tax joke(s) of the week

Your tax jokes are better than ours, so please keep them coming!  Here are a few that you submitted this week.

My friend bought a 12-inch ruler and asked me if he could deduct it for tax purposes. I told him not any longer.

My friend asked if I could help him get a tax deduction by delivering a bunch of old magazines to the local Goodwill. I told him that I couldn’t because of back issues.

Every year my friend asks if he can deduct the cost of his jogging shoes for tax purposes. It’s a running joke.

Reply to this e-mail to send us your favorites and we’ll include them in a future Tribune issue.

Tribune: I’m not a CEO, I just play one on TV

Actor Stephen Harrison has issued an apology to the investors who lost an estimated $1.3 billion in the HyperVerse cryptocurrency Ponzi scheme.1

Harrison was hired as a “corporate presenter,” which his agent explained to him was simply acting out a role to represent a business. He became suspicious after reading the scripts for the videos, but after doing some online searches he felt “everything seemed OK, so I rolled with it.”

During recording, he was asked to use the name Steven Reece Lewis. In the videos, Harrison talked about investment opportunities with HyperVerse. The final version of the videos referred to him as CEO, and also included his “credentials”: degrees from Leeds and Cambridge universities and more than 10 years of experience in the fintech industry. The problem was, neither university nor any fintech firms had ever heard of Steven Reece Lewis, which piqued the interest of the SEC.

As part of his apology, Harrison made it clear that he had not benefited in any way from the scheme itself; he was paid around $5,000 for his performance and given a free wool and cashmere suit, two business shirts, two ties, and a pair of shoes.

Crypto scheme losses

Generally, if a cryptocurrency drops in value and the investor experiences a loss, the investor can sell the poorly performing cryptocurrency and offset other gains, or if the losses exceed gains, take a deduction of up to $3,000 per year until the loss is used up.2

However, in order to take a capital loss, the investor must sell or exchange the asset.3 This is impossible when an exchange files for bankruptcy, shuts down, and all trades are halted.

Further, although the IRS has stated that cryptocurrency is property, federal law has still not addressed whether cryptocurrency is treated as a commodity or a security.4 This means that the deduction for worthless stock does not currently apply.5 Plus, bankruptcy doesn’t automatically mean the total debt is worthless, so any bad debt deduction would have to wait until the loss is certain.6

In order for the theft-loss Ponzi scheme rule to come into play, the investor would have to prove that the exchange had an intent to bilk the investors out of their money.7

Tribune: Update: What happens when you take the money and run?

Two years ago, we brought you the story of Jens Haaning, the Danish artist who received the equivalent of $84,000 from the Kunsten Museum of Modern Art in Aalborg, Denmark. The museum was expecting Haaning to create artwork incorporating the money into the design. Instead, he submitted two blank canvases titled “Take the Money and Run” and pocketed the cash.

Haaning took the money, but was he able to run? That all depends on your perspective. The museum filed a civil suit against him, and in September 2023 the court ruled that he had to return the money — most of it, anyway. According to the BBC,1 Haaning returned nearly $72,000, but was allowed to keep the balance to cover the cost of mounting the canvases and an “artist’s fee.” All in a day’s work (or not, as the case may be).

Other art oddities

Unusual art can be sold anywhere, of course. CBS News2 brings us the following highlights:

  • London: A Banksy painting of a girl reaching for a balloon sold for $1.4 million at auction in 2018. The artwork shredded itself as soon as it was sold, and three years later those pieces sold for $25.4 million.
  • Miami: One of the works on display at a 2019 art convention was a banana duct-taped to a wall. It sold for $120,000 and was then eaten by David Datuna, a performance artist.

Tribune: Bad tax joke of the week

What does the pessimistic accountant think?  It’s accrual world.

We’re hoping you know better jokes than that one! We’ve been on the hunt for good tax jokes to share in the run up to April Fools’ Day, but so far we’ve come up empty. Reply to this e-mail to send us your favorites, and we’ll include them in a future Tribune issue.

Tribune: Eureka 2.0!

If you’re already making plans for your summer vacation, here’s something to add to the mix: gold prospecting in California’s El Dorado County. Talk about some real and raw fun! You’ll be taking advantage of what’s known as “Gold Rush 2.0,” which is a result of the unusually wet winter and deep snowpack that brings cascading water and all the materials, like gold, that come with it. According to Mark Dayton, a metal detector expert, “It’s one of those 100-years events … material [gold] is being ripped literally right off the walls of the creeks as they reshape themselves.”1 Yikes! Maybe we can all go on vacation AND make money too!

But hold on, this is California, so there are a lot of regulations specific to different regions. For example, some areas only allow for panning – or hands-and-pans – which means you can’t use a shovel to dig. At state parks, you’re only allowed to gather up to 15 pounds of mineral material per day, which can’t be sold or used commercially for profit (so much for making money). There’s also sniping and sluicing. Sniping involves lying down in a creek bed and prying gold out from the bedrock (this qualifies as working on your vacation, which is a big no; also, the water is probably freezing because it’s from the snowpack; a tropical beach vacation is sounding better).

Prospectors can stake a claim on public lands, however, but before doing so, they must check for prior claims and abide by the “Detecting Mining Code of Ethics.” Uh-oh, due diligence. That means there’s a whole list of practices you need to adhere to, like “leaving as little sign of your passing as possible,”2 and reporting all finds to landowners (umm, so we have to split?).

Panning and sluicing will reportedly be best in June once the water levels go down and drowning is less likely, so plan accordingly. There are some five-star reviews for campgrounds in the area, which is promising, although nothing that would qualify as “glamping,” so count me out. Plus there are bears in the campground that reportedly don’t like to interact with people and because I qualify as a person, that’s also a negative. I’m thinking the tropical beach wins my vote.

Tribune: A stock surge or just a [sic] joke?

If you’re in the business of putting words (or numbers) out into the world, there will inevitably come the time when a typo slips through. Recently, ridesharing heavyweight Lyft proved that it’s not too big to fail when it released an earnings report that contained an extra zero.

The initial report said Lyft’s adjusted earnings before interest, tax, depreciation, and amortization (or EBITDA1) margin as a percentage of bookings could expand by 500 basis points in 2024, or 5%. In response, shares went up as much as 66% to $20.04 per share. The excitement was short-lived when it was announced that in fact the margin is actually forecasted to expand by only 50 points, or 0.5%. Share price dropped but still netted a $2 per share increase overall.

(As a side note, Lyft has not yet turned a profit, a milestone that its rival Uber only reached for the first time in 2023 since it went public.)

Karma’s a botch

We have an unspoken rule at Spidell: Don’t laugh and snark and smirk when a competitor prints a typo because we have been in the same position. This author remembers not long after starting at Spidell (as a copyeditor), the California Taxletter went to print misspelling then-Governor Schwarzenegger’s last name. (I’m too embarrassed to even attempt to hunt down that issue, circa 2007.)

But at least we are not alone. In searching for the comfort of others’ mistakes, I found the following grave errors:2

  1. The 1631 “wicked Bible” included the commandment “Thou shalt commit adultery.”
  2. The 1934 edition of Webster’s Dictionary included the mysterious entry “Dord.” This was eventually traced to an editor’s note that the word “density” could be uppercase or lowercase: D or d.
  3. The British paper The Guardian was so famous for misprints that it became known as “The Grauniad.”
  4. The iron content of spinach is somewhat of a myth, based on a typo in 1870 indicating that it has 35 grams of iron, rather than 3.5 grams per 100 grams of spinach.
  5. A craftsman working on the Lincoln Memorial would have appreciated the Ctrl+Z function after carving “euture” instead of “future.” The offending bottom bar has since been filled in.

Tribune: IRS communicating with taxpayers via fortune cookies

In an effort to reach more taxpayers, the IRS’s Tax Outreach, Partnership and Education team is partnering with fortune cookie companies to turn dessert into an opportunity to provide tax information.

“Now when people go into a Chinese restaurant, and they open up their fortune cookie, they not only can get a fortune, but they get some tax advice as well,” Derek Ganter, director of stakeholder liaison at the Internal Revenue Service, said Thursday at a conference in Las Vegas.

The fortune cookie messages will include things like reminders about deadlines. Spidell editors immediately offered the following suggestions:

  • She who is charitable reaps the benefits of large deductions (provided adequate substantiation is kept)
  • No, this meal is not deductible
  • He who keeps receipts is fortunate when the audit man cometh
  • It is better to be a cheerful giver to the IRS, or penalties and interest will apply
  • Your unlucky number is $9,833. Make a payment online at irs.gov

Let us know if you have any fortune cookie suggestions for the IRS by replying to your Tribune e-mail.