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rainbow4321

(9,974 posts)
Sat Jan 12, 2013, 12:00 AM Jan 2013

IRS is due to crack down on Earned Income Credit

I know someone who is a tax preparer. According to him, the IRS has sent out word that they are going to be taking a closer look at taxpayers who they think are submitting misleading information about the number of kids in their household in order to qualify for EIC.
Taxpayers are going to have to submit definitive documentation that the children have been actually living with them..and not just their social security number. They will want information on the child's/children other parent, doctor's information showing the child's address, etc (guess proof that the adult is actively involved in raising the kid, not just claiming them at tax time), or other similar documents.
All of this will have to be kept on file at the place (big companies like H&R Block and mom/pop tax filing assistance places/self employed tax preparers) taxpayers files their taxes at..like if you use a company or individual to file those taxes. If the IRS sees no such documentation submitted or on file when processing someone's tax return that was submitted, they will fine those tax preparers/companies $500 each incident. The person/taxpayer who tries to pass off a fake claim won't be charged the fine...they will be told that they cannot claim EIC for a few years (thinks that what was said) ...but the person/company who aids them in the false claim will be charged the fine.
If the tax person/company is caught up in such a case, the IRS will then start to look in their past files to see if there are additional cases that they have helped file, and an additional $500 fine will be levied for each found case (i.e no on file documentation).

According to my friend, the fed gov is seeing the $500 fine/case as a much needed revenue source and also to start holding onto all the money that they have given out as tax returns that they should not have..and to keep future false claims from giving away tax return amounts that have apparently, in their eyes, gotten out of control.

So there is a panic going on amongst people/companies who are in the tax business because not ONLY will they have a fine per case to pay, THEY WILL LOSE THEIR LICENSES. Buh-bye career. There have been many cases of accountants/companies looking the other way when people provide little or no documentation about the number of kids who are supposedly living with them...yet they go ahead and file the tax return for these people. My friend has seen this alot in his own company over the years. They were just told by the owners to file the tax returns anyway. They give the "ok" now, they will be putting that worker's livelihood in jeopardy because that false/misleading tax return has that worker's license number on it..which will let the IRS track down who helped the taxpayer file that false claim.

Apparently, this does not affect those who file online (Turbotax, etc..) but to those who physically go into a business or use an individual to assist them in filing.


29 replies = new reply since forum marked as read
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IRS is due to crack down on Earned Income Credit (Original Post) rainbow4321 Jan 2013 OP
Fair share Publiuus Jan 2013 #1
If they are cheating the system...good. If not they shouldn't have any worries. The biggest Purveyor Jan 2013 #2
What do you mean? Sivafae Jan 2013 #3
Everyone I know on SSI is disabled. Luminous Animal Jan 2013 #5
I am not disabled - I am 72 years old and poor because for 45 years I took care of my severely jwirr Jan 2013 #28
It's tremendously difficult to get SSI disability. Kurovski Jan 2013 #7
Not if you 'lawyer up' right off the bat. I have 2 neighbors that went that route and are now Purveyor Jan 2013 #9
then report them Nine Jan 2013 #10
Just not my style to rat on neighbors...but the approval system needs to be checked. Purveyor Jan 2013 #13
I'm dubious it's as easy as you think. Nine Jan 2013 #17
Yeah...I'm just making it all up as I have nothing better to do. eom Purveyor Jan 2013 #18
I didn't say you were making it up. Nine Jan 2013 #19
It was difficult for me and I have MS Mojorabbit Jan 2013 #26
Not all disabilities are physical duffyduff Jan 2013 #12
it's fraud and you can report it. Kurovski Jan 2013 #15
My brother-in-law is on SSDI and allowed to work... cynatnite Jan 2013 #21
It's almost impossible to abuse SSI because it is difficult to get in the first place duffyduff Jan 2013 #11
Turning yet another profession in "law enforcement". Luminous Animal Jan 2013 #4
If you sign off on it, you're accountable Orrex Jan 2013 #16
Nope. Do you really think that a preparer should visit an office to ensure Luminous Animal Jan 2013 #22
You should work for Enron Orrex Jan 2013 #23
What the hell. I did my job by the book. I never advised anyone to do anything illegal. Luminous Animal Jan 2013 #24
They started cracking down at the end of 2011... PoliticAverse Jan 2013 #6
I've always been suspect of the tax prep services Gman Jan 2013 #8
They don't do that... Jeff In Milwaukee Jan 2013 #14
I've read about lots of preparers being prosecuted for sexing up TheDebbieDee Jan 2013 #20
A Jackson Hewitt franchisee did this Jeff In Milwaukee Jan 2013 #25
Just curious-why not crack down on fredamae Jan 2013 #27
Because you might be going after some of the 1%, then? LisaLynne Jan 2013 #29
 

Purveyor

(29,876 posts)
2. If they are cheating the system...good. If not they shouldn't have any worries. The biggest
Sat Jan 12, 2013, 12:05 AM
Jan 2013

abuse I'm seeing is the SSI disability recipients.

jwirr

(39,215 posts)
28. I am not disabled - I am 72 years old and poor because for 45 years I took care of my severely
Sat Jan 12, 2013, 01:11 PM
Jan 2013

disabled daughter instead of placing her into a very expensive institution. The jobs I worked were all part time and low income when I could.

Curious - how does on cheat on SSI?

Kurovski

(34,655 posts)
7. It's tremendously difficult to get SSI disability.
Sat Jan 12, 2013, 12:19 AM
Jan 2013

It takes years and the amount is rarely what it would be if the recipient had worked full years to retirement.

It's a pitiful amount, hard to come by, and a perfectly horrible way to live. Dreadful poverty along with disability.

Is there a trend in lawyers getting it for fakers? I've not heard of it. i'd like to read any info on the matter.

 

Purveyor

(29,876 posts)
9. Not if you 'lawyer up' right off the bat. I have 2 neighbors that went that route and are now
Sat Jan 12, 2013, 12:27 AM
Jan 2013

living the 'good life' compared to the rest of us.

Both are physically able to work as one does drywall work 'under the table' and the other is a 'scrapper' who can pickup and load 60lbs washers and dryers with ease to take to the scrapyard for cash.

Now, I'm not saying it is that widespread but it is widespread enough in my experience to conclude a lot of it is going on and taxing a system that is meant for the truly 'disabled'.

 

Purveyor

(29,876 posts)
13. Just not my style to rat on neighbors...but the approval system needs to be checked.
Sat Jan 12, 2013, 12:43 AM
Jan 2013

It seems if you lawyer up and give them a $5000 cut, the SSI admins don't even fight it and stamp the claim 'allowed'.

Nine

(1,741 posts)
17. I'm dubious it's as easy as you think.
Sat Jan 12, 2013, 02:03 AM
Jan 2013

And I don't know why you would have any moral qualms about reporting people who are defrauding the government and making it harder all around for people who have genuine claims.

Nine

(1,741 posts)
19. I didn't say you were making it up.
Sat Jan 12, 2013, 02:10 AM
Jan 2013

Why would I be urging you to report it? I do have my doubts about your general view of how easy it is to defraud but that's just a matter of opinion. Your neighbors' situations may not be as you think it is, but best to report it and let the proper people deal with it.

Mojorabbit

(16,020 posts)
26. It was difficult for me and I have MS
Sat Jan 12, 2013, 12:26 PM
Jan 2013

Perhaps the neighbors have some good days but mostly bad days? I know I have a good day occasionally.

 

duffyduff

(3,251 posts)
12. Not all disabilities are physical
Sat Jan 12, 2013, 12:42 AM
Jan 2013

The "good life"? Are you kidding on less than 700 a month?

SSI is supplemental security income and is means-tested. SSDI is disability, but you have to have enough credits to qualify.

Kurovski

(34,655 posts)
15. it's fraud and you can report it.
Sat Jan 12, 2013, 01:13 AM
Jan 2013
http://www.ehow.com/how_5027053_report-social-security-disability-fraud.html

"Accusing a person of committing disability fraud can be more complicated than it might seem. First, you have to know exactly why a person has been approved to receive benefits before you can know for certain that he is indeed doing something he should not be. It is difficult to judge a person if you do not know what physical limitations his condition might impose on daily activities. Some people actually suffer from mental or psychological impairments that can restrict them from performing certain physical activities. But if the facts give you reason to suspect a true case of fraud, then you should file a report.



Contact the Social Security Administration Fraud Hotline toll free at (800) 269-0271 to report that you have knowledge about a person hiding wages earned from employment while at the same time receiving disability benefits. Depending on the number of hours worked and gross wages earned from employment each month, this could affect the person's eligibility for benefits."

cynatnite

(31,011 posts)
21. My brother-in-law is on SSDI and allowed to work...
Sat Jan 12, 2013, 03:20 AM
Jan 2013

He is limited on how much he can work and how much he is allowed to earn.

It's not that widespread because it doesn't pay that well.

It's worker's comp that is more abused than anything else.

 

duffyduff

(3,251 posts)
11. It's almost impossible to abuse SSI because it is difficult to get in the first place
Sat Jan 12, 2013, 12:41 AM
Jan 2013

Typically it takes YEARS to qualify, if one ever does.

Luminous Animal

(27,310 posts)
4. Turning yet another profession in "law enforcement".
Sat Jan 12, 2013, 12:10 AM
Jan 2013

They should go after the payer not the preparer. I used to prepare taxes for small businesses and I used the info given by my client. Their were many receipts that were given to me and classified as business expenses that were highly suspicious but it is the IRS's enforcement division to figure that out, not mine.

Orrex

(63,220 posts)
16. If you sign off on it, you're accountable
Sat Jan 12, 2013, 01:16 AM
Jan 2013

So is the payer, but the preparer is responsible for the document that's prepared.

Luminous Animal

(27,310 posts)
22. Nope. Do you really think that a preparer should visit an office to ensure
Sat Jan 12, 2013, 05:32 AM
Jan 2013

that the artwork or sofa or table is actually in the office?

How about meals or travel?

A graphic designer goes to Spain and instructs her tax preparer to write off 75% of the trip for "research". How is the preparer responsible as to whether or not it is the truth?

Nope. The onus is on the payer and it is the tax collectors responsibility to ensure the tax payer is compliant.


Luminous Animal

(27,310 posts)
24. What the hell. I did my job by the book. I never advised anyone to do anything illegal.
Sat Jan 12, 2013, 12:02 PM
Jan 2013

Nor did I do anything illegal. But I am not law enforcement and I have no right to inspect anyone's property to find out if they are telling me the truth. The onus to be honest with the IRS is on them.

PoliticAverse

(26,366 posts)
6. They started cracking down at the end of 2011...
Sat Jan 12, 2013, 12:18 AM
Jan 2013

after embarrassing revelations about billions being erroneously paid out in refundable credits.

Full info is available from the IRS web site:
http://www.eitc.irs.gov/rptoolkit/hottopicsrp/
http://www.irs.gov/Individuals/EITC-Information-for-Tax-Professionals

Gman

(24,780 posts)
8. I've always been suspect of the tax prep services
Sat Jan 12, 2013, 12:24 AM
Jan 2013

That pop up in low income neighborhoods. They charge a percent of the refund due. So they have an interest in the biggest refund possible at the poor person's expense.

Jeff In Milwaukee

(13,992 posts)
14. They don't do that...
Sat Jan 12, 2013, 12:58 AM
Jan 2013

It is illegal for a paid tax preparer to charge a percentage of the refund. While some fly-by-night operations may do this, they looking at fines of several thousand dollar per return if they're caught at it.

 

TheDebbieDee

(11,119 posts)
20. I've read about lots of preparers being prosecuted for sexing up
Sat Jan 12, 2013, 03:13 AM
Jan 2013

taxpayer's returns with EIC credit after the taxpayer has left the office.

The taxpayer has signed the refund over to the preparer and has opted for the refund anticipation loan of some type. A crooked preparer sees the opportunity to add his neighbor's girlfriend's dogwalker's triplet's social security numbers to the taxpayer's return and claim a big EIC credit. The fraudulent credit gets refunded directly to the tax preparer (through the office) and the taxpayer is none the wiser that anything out of the ordinary has happened - until the taxpayer gets audited and is asked about the triplets!

Jeff In Milwaukee

(13,992 posts)
25. A Jackson Hewitt franchisee did this
Sat Jan 12, 2013, 12:09 PM
Jan 2013

The guy owned several dozen outlets in the eastern U.S. Preparers did things like creating "phantom" self-employment income, which increased the taxpayers income (and in turn their EITC). One of the areas that tax preparers are supposed to check for is undocumented income, or income that has no documented expenses.

fredamae

(4,458 posts)
27. Just curious-why not crack down on
Sat Jan 12, 2013, 12:39 PM
Jan 2013

Religious Orgs, ALEC, and all other Political Orgs claiming 501(c)(3) orgs? Thats where the missing $, and lots of it could be recovered?

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