{"id":640,"date":"2011-06-03T15:43:49","date_gmt":"2011-06-03T23:43:49","guid":{"rendered":"http:\/\/www.scamdex.com\/ScamBlog\/?p=640"},"modified":"2011-06-03T15:50:29","modified_gmt":"2011-06-03T23:50:29","slug":"irs-lists-its-dirty-dozen-tax-scams","status":"publish","type":"post","link":"https:\/\/scamdex.com\/ScamBlog\/2011\/06\/irs-lists-its-dirty-dozen-tax-scams\/","title":{"rendered":"IRS Lists it&#8217;s &#8216;Dirty Dozen&#8217; Tax Scams"},"content":{"rendered":"<p><img decoding=\"async\" loading=\"lazy\" class=\"alignleft\" title=\"IRS Logo\" src=\"http:\/\/www.irs.gov\/irs\/cda\/common\/images\/irslogo.gif\" alt=\"\" width=\"354\" height=\"72\" \/><\/p>\n<h2>Hiding income in offshore accounts, identity theft,  return preparer fraud, and filing false or misleading tax forms top the  annual list of \u00e2\u20ac\u0153dirty dozen\u00e2\u20ac\u009d tax scams in 2011, the Internal Revenue  Service announced today.<\/h2>\n<p>\u00e2\u20ac\u0153The Dirty Dozen represents the worst of the worst tax scams,\u00e2\u20ac\u009d IRS  Commissioner Doug Shulman said. \u00e2\u20ac\u0153Don\u00e2\u20ac\u2122t fall prey to these tax scams.  They may look tempting, but these fraudulent deals end up hurting people  who participate in them.\u00e2\u20ac\u009d<\/p>\n<p>The IRS works with the Justice Department to pursue and shut down  perpetrators of these and other illegal scams. Promoters frequently end  up facing heavy fines and imprisonment. Meanwhile, taxpayers who  wittingly or unwittingly get involved with these schemes must repay all  taxes due plus interest and penalties.<\/p>\n<p>Following is the Dirty Dozen for 2011:<\/p>\n<p><strong>Hiding Income Offshore<\/strong><\/p>\n<p>The IRS aggressively pursues taxpayers involved in abusive offshore  transactions as well as the promoters, professionals and others who  facilitate or enable these schemes. Taxpayers have tried to avoid or  evade U.S. income tax by hiding income in offshore banks, brokerage  accounts or through the use of nominee entities. Taxpayers also evade  taxes by using offshore debit cards, credit cards, wire transfers,  foreign trusts, employee-leasing schemes, private annuities or insurance  plans.<!--more-->In early February, the IRS announced a special voluntary disclosure  initiative designed to bring offshore money back into the U.S. tax  system and help people with undisclosed income from hidden offshore  accounts get current with their taxes. The new voluntary disclosure  initiative will be available through Aug. 31, 2011. The IRS decision to  open a second special disclosure initiative follows continuing interest  from taxpayers with foreign accounts. In response to numerous requests,  information about this initiative is available on IRS.gov in eight  different languages, including: Chinese, Farsi, German, Hindi, Korean,  Russian, Spanish, and Vietnamese.<\/p>\n<p><strong>Identity Theft and Phishing<\/strong><\/p>\n<p><a href=\"http:\/\/www.irs.gov\/privacy\/article\/0,,id=186436,00.html\">Identity theft<\/a> occurs when someone uses an unsuspecting individual\u00e2\u20ac\u2122s name, Social  Security number, credit card number or other personal information  without permission to commit fraud or other crimes. For example, a  criminal can use\u00c2\u00a0someone else&#8217;s\u00c2\u00a0information to run up bills on\u00c2\u00a0that  person&#8217;s\u00c2\u00a0credit card, empty that person\u00e2\u20ac\u2122s bank account or take out a  loan in that person\u00e2\u20ac\u2122s name. And when it comes to taxes, a criminal with  someone else\u00e2\u20ac\u2122s personal information can file a fraudulent tax return and  collect a refund.<\/p>\n<p>Phishing is one tactic used by scam artists to trick unsuspecting  victims into revealing personal or financial information online.  Phishing involves the use of phony e-mail or websites &#8212; even social  media. A scammer may pose as an institution such as the IRS. IRS  impersonation schemes flourish during tax season. Spyware, which can be  loaded onto an unsuspecting taxpayer\u00e2\u20ac\u2122s computer by opening an e-mail  attachment or clicking on a link, is another tool identity thieves use  to steal personal information.<\/p>\n<p>Identity theft is a major problem that affects many people each year.  That&#8217;s why it&#8217;s important that taxpayers protect their personal  information. Anyone who believes his or her personal information has  been stolen and used for tax purposes should immediately contact the IRS  Identity Protection\u00c2\u00a0Specialized Unit at 1-800-908-4490.\u00c2\u00a0A suspicious  e-mail or an \u00e2\u20ac\u0153IRS\u00e2\u20ac\u009d Web address that does not begin with <a href=\"http:\/\/www.irs.gov\/\">http:\/\/www.irs.gov<\/a> should be forwarded to the IRS at <a href=\"mailto:phishing@irs.gov\">phishing@irs.gov<\/a>.<\/p>\n<p><strong>Return Preparer Fraud<\/strong><\/p>\n<p>While most return preparers are professionals who provide honest and  excellent service to their clients, some make basic errors or engage in  fraud and other illegal activities.<\/p>\n<p>Dishonest return preparers can cause big trouble for taxpayers who  fall victim to their ploys. These fraudsters derive benefit by skimming a  portion of their clients\u00e2\u20ac\u2122 refunds, charging inflated fees for return  preparation services and attracting new clients by making false  promises. Taxpayers should choose carefully when hiring a tax preparer.  Federal courts have issued hundreds of injunctions ordering individuals  to cease preparing returns, and the Department of Justice has pending  complaints against dozens of others.<\/p>\n<p>To increase confidence in the tax system and improve compliance with  the tax law, the IRS is implementing a number of requirements for paid  tax preparers, including registration with the IRS and a preparer tax  identification number (PTIN), as well as competency tests and ongoing  continuing professional education.<\/p>\n<p>The new regulations require paid tax preparers (including attorneys,  CPAs, and enrolled agents) to apply for a Preparer Tax Identification  Number (PTIN) before preparing any federal tax returns in 2011.<\/p>\n<p>Higher standards for the tax preparer community will result in  greater compliance with tax laws, increase confidence in the tax system  and ultimately lead to a better experience for taxpayers.<\/p>\n<p><strong>Filing False or Misleading Forms<\/strong><\/p>\n<p>IRS personnel are seeing various instances in which scam artists file  false or misleading returns to claim refunds to which they are not  entitled. In one variation of this scheme, a taxpayer seeks a refund by  fabricating an information return and falsely claiming the corresponding  amount as withholding. Phony information returns, such as a Form 1099  Original Issue Discount (OID), which claims false withholding credits,  are usually used to legitimize erroneous refund claims. One version of  the scheme is based on the bogus theory that the federal government  maintains secret accounts for its citizens and that taxpayers can gain  access to funds in those accounts by issuing 1099-OID forms to their  creditors, including the IRS.<\/p>\n<p>The IRS continues to see instances in which people file false or  fraudulent tax returns to try to obtain improper tax refunds. The IRS  takes refund fraud seriously, has programs to aggressively combat it and  stops the vast majority of incorrect refunds.<\/p>\n<p>Because scammers often use information from family or friends in  filing false or fraudulent returns, beware of requests for such data.  Don\u00e2\u20ac\u2122t fall prey to people who encourage you to claim deductions or  credits you are not entitled to or willingly allow others to use your  information to file false returns. If you are a party to such schemes,  you could be liable for financial penalties or even face criminal  prosecution.<\/p>\n<p><strong>Frivolous Arguments<\/strong><\/p>\n<p>Promoters of frivolous schemes encourage people to make unreasonable  and outlandish claims to avoid paying the taxes they owe. The IRS has a  list of <a href=\"http:\/\/www.irs.gov\/taxpros\/article\/0,,id=159853,00.html\">frivolous legal positions<\/a> that  taxpayers should avoid. These arguments are false and have been thrown  out of court. While taxpayers have the right to contest their tax  liabilities in court, no one has the right to disobey the law or IRS  guidance.<\/p>\n<p><strong>Nontaxable Social Security Benefits with Exaggerated Withholding Credit<\/strong><\/p>\n<p>The IRS has identified returns where taxpayers report nontaxable  Social Security Benefits with excessive withholding. This tactic results  in no income reported to the IRS on the tax return. Often both the  withholding amount and the reported income are incorrect. Taxpayers  should avoid making these mistakes. Filings of this type of return may  result in a $5,000 penalty.<\/p>\n<p><strong>Abuse of Charitable Organizations and Deductions<\/strong><\/p>\n<p>The IRS continues to observe the misuse of tax-exempt organizations.  Abuse includes arrangements to improperly shield income or assets from  taxation and attempts by donors to maintain control over donated assets  or income from donated property. The IRS also continues to investigate  various schemes involving the donation of non-cash assets including  situations where several organizations claim the full value for both the  receipt and distribution of the same non-cash contribution. Often these  donations are highly overvalued or the organization receiving the  donation promises that the donor can repurchase the items later at a  price set by the donor. The Pension Protection Act of 2006 imposed  increased penalties for inaccurate appraisals and set new definitions of  qualified appraisals and qualified appraisers for taxpayers claiming  charitable contributions.<\/p>\n<p><strong>Abusive Retirement Plans<\/strong><\/p>\n<p>The IRS continues to find abuses in retirement plan arrangements,  including Roth Individual Retirement Arrangements (IRAs). The IRS is  looking for transactions that taxpayers use to avoid the limits on  contributions to IRAs, as well as transactions that are not properly  reported as early distributions. Taxpayers should be wary of advisers  who encourage them to shift appreciated assets at less than fair market  value into IRAs or companies owned by their IRAs to circumvent annual  contribution limits. Other variations have included the use of limited  liability companies to engage in activity that is considered prohibited.<\/p>\n<p><strong>Disguised Corporate Ownership<\/strong><\/p>\n<p>Corporations and other entities are formed and operated in certain  states for the purpose of disguising the ownership of the business or  financial activity by means such as improperly using a third party to  request an employer identification number.<\/p>\n<p>Such entities can be used to facilitate underreporting of income,  fictitious deductions, non-filing of tax returns, participating in  listed transactions, money laundering, financial crimes and even  terrorist financing. The IRS is working with state authorities to  identify these entities and to bring the owners of these entities into  compliance with the law.<\/p>\n<p><strong>Zero Wages<\/strong><\/p>\n<p>Filing a phony wage-or-income-related informational return to replace  a legitimate information return has been used as an illegal method to  lower the amount of taxes owed. Typically, a Form 4852 (Substitute Form  W-2) or a \u00e2\u20ac\u0153corrected\u00e2\u20ac\u009d Form 1099 is used as a way to improperly reduce  taxable income to zero. The taxpayer may also submit a statement  rebutting wages and taxes reported by a payer to the IRS.<\/p>\n<p>Sometimes, fraudsters even include an explanation on their Form 4852  that cites statutory language on the definition of wages or may include  some reference to a paying company that refuses to issue a corrected  Form W-2 for fear of IRS retaliation. Taxpayers should resist any  temptation to participate in any of the variations of this scheme.  Filings of this type of return may result in a $5,000 penalty.<\/p>\n<p><strong>Misuse of Trusts<\/strong><\/p>\n<p>For years, unscrupulous promoters have urged taxpayers to transfer  assets into trusts. While there are many legitimate, valid uses of  trusts in tax and estate planning, some highly questionable transactions  promise reduction of income subject to tax, deductions for personal  expenses and reduced estate or gift taxes. Such trusts rarely deliver  the tax benefits promised and are used primarily as a means to avoid  income tax liability and hide assets from creditors, including the IRS.<\/p>\n<p>IRS personnel have recently seen an increase in the improper use of  private annuity trusts and foreign trusts to shift income and deduct  personal expenses. As with other arrangements, taxpayers should seek the  advice of a trusted professional before entering a trust arrangement.<\/p>\n<p><strong>Fuel Tax Credit Scams<\/strong><\/p>\n<p>The IRS receives claims for the fuel tax credit that are excessive.  Some taxpayers, such as farmers who use fuel for off-highway business  purposes, may be eligible for the fuel tax credit. But other individuals  are claiming the tax credit for nontaxable uses of fuel when their  occupations or income levels make the claim unreasonable. Fraud  involving the fuel tax credit is considered a frivolous tax claim and  can result in a penalty of $5,000.<\/p>\n<p><strong>How to Report Suspected Tax Fraud Activity<\/strong><\/p>\n<p>Suspected tax fraud can be reported to the IRS using Form 3949-A,  Information Referral. The completed form or a letter detailing the  alleged fraudulent activity should be addressed to the Internal Revenue  Service, Fresno, CA, 93888. The mailing should include specific  information about who is being reported, the activity being reported,  how the activity became known, when the alleged violation took place,  the amount of money involved and any other information that might be  helpful in an investigation. The identity of the person filing the  report can be kept confidential.<\/p>\n<p>Whistleblowers also may provide allegations of fraud to the IRS and  may be eligible for a reward by filing Form 211, Application for Award  for Original Information, and following the procedures outlined in  Notice 2008-4, Claims Submitted to the IRS Whistleblower Office under  Section 7623.<\/p>\n<p><em>This article was excerpted from the IRS website &#8211; full version is available <a href=\"http:\/\/www.irs.gov\/newsroom\/article\/0,,id=238262,00.html?portlet=6\">here<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Hiding income in offshore accounts, identity theft, return preparer fraud, and filing false or misleading tax forms top the annual list of \u00e2\u20ac\u0153dirty dozen\u00e2\u20ac\u009d tax scams in 2011, the Internal Revenue Service announced today. \u00e2\u20ac\u0153The Dirty Dozen represents the worst of the worst tax scams,\u00e2\u20ac\u009d IRS Commissioner Doug Shulman said. \u00e2\u20ac\u0153Don\u00e2\u20ac\u2122t fall prey to these [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[20,90,13,123],"tags":[],"_links":{"self":[{"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/posts\/640"}],"collection":[{"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/comments?post=640"}],"version-history":[{"count":7,"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/posts\/640\/revisions"}],"predecessor-version":[{"id":642,"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/posts\/640\/revisions\/642"}],"wp:attachment":[{"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/media?parent=640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/categories?post=640"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/scamdex.com\/ScamBlog\/wp-json\/wp\/v2\/tags?post=640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}