Archive for February 4th, 2009

Questions and Answers on California Refund Check Status From FTB

Wednesday, February 4th, 2009

Here is an emergency update I thought I would post since there is a lot of interest in it. This is all quoted from the Franchise Tax Board website. Hope it helps answer your questions about what is going on if you are waiting for your California tax refund check status.  As any of this business changes or I get an update, I will let you know.  My thoughts and prayers go out to everybody in California, the United States and the rest of the world who is out of work.

Kim Isaac Greenblatt

Due to the state’s persistent cash and budget problems, the State Controller announced on Friday, January 16, 2009, that because of the state’s cash shortfall he will have to delay refunds for 30 days starting February 1, 2009 for Personal Income Tax and Business Entity taxpayers. Refund payments will resume when the State Controller indicates there is enough cash available to make refund payments.

Frequently Asked Questions
Should I wait to file my return?
No. If you have all of the documents and information needed to prepare your return, you may file it any time through April 15 (or October 15, if filed on extension). The refund delay does not affect the return due date or our ability to process returns.

When will the refund delay be lifted?
It is anticipated that as soon as the cash and budget problems are solved, the refund delay will be lifted. Check this website for updated information on the status of the delay.

Once the budget is passed, will my refund be issued?
Not necessarily. Even though a budget is enacted, the state will need sufficient cash to pay outstanding debts, including tax refunds. Depending upon the circumstances at that time, there may be a delay before the state has enough cash to pay refunds.

Will you still honor my direct deposit request (DDR) when the delay is lifted?
Yes, your DDR will be honored when the state resumes the payment of refunds.

Is it possible that I will be issued an IOU?
If the state’s cash flow problems do not improve, the Controller may need to issue IOUs. If the Controller has to issue IOUs, you will receive a paper IOU warrant, even if you requested a direct deposit of your refund.

Are all refunds delayed or just 2008 tax year refunds?
All refunds are delayed, regardless of the tax year they apply to. For example, an approved refund claim for tax year 2006 will be delayed until the state’s cash and budget problems are solved.

Am I entitled to receive interest because of the delay?
It depends upon the length of the delay. For individual taxpayers, interest on current year refunds is only paid if your refund is not issued within 45 days after April 15, or the date that your return is filed, whichever is later. If you are entitled to receive interest on a prior year refund, you will receive it when your refund is issued.

Can I apply my refund as an estimated payment toward my 2009 taxes?
Yes, if on your 2008 return you request that your refund be applied toward your 2009 taxes, we will apply the amount you designate when we process your return.

If I owe for other debts collected by FTB, will my refund be applied toward that debt?
Yes. You will be refunded the difference, if any, once the delay on issuing refunds is lifted.

Tax Scams Surface With Not Reporting Correct Income

Wednesday, February 4th, 2009

Question from a reader:”I won some money on an online poker site and they are not sending me a 1099 for my winnings like I asked.  Instead they are sending me a listing of my gross winnings, less entry fees, net winnings and then more net entry fees that make a negative amount.  This sounds like a scam to me.”

It sounds like a scam to me as well.  The online site is not doing itself a favor by promoting tax fraud.  Gaming commissions can’t touch some sites because they are offshore but there are some serious problems for honest citizens who win on gaming sites and don’t declare their winnings.  Remember the business of income taxes – you are taxed on all worldwide income.  So if you win off of a site in the Bahamas, you still need to pay taxes on it. 

You are also taxed on all your winnings.  They generally go on Line 21 of your 1040 form as Other Income as gambling winnings.  You can offset your losses to the amount of winnings on your Schedule A but you better have darn good records if you are doing double digit or triple digit winnings.  By the way, congrats if you did win big that way!

Entry fees would fall into the category of an expense if you are a professional poker player.  Guess what? The IRS looks pretty closely at professional gamblers and you better not only have accurate records, you might run the risk that your entry fees will be overturned if you play too footloose and fancy free with your expenses.  If you are classified as a hobby, no expenses for you.  You also need to think twice about doing this because if you do say you are a professional gambler, you are on the hook for both sides of social security tax and self-employment tax no matter what your losses might be.

So, save yourself some aggrevation, avoid tax scams and declare your earnings honestly and take your legit deductions and/or expenses.

cardexemptions

 

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Kim Isaac Greenblatt

 

Tax Scams Surface With Bad Advice on Reporting Income