Anyone can request an automatic tax-filing extension. If fact some people get extra time without asking. The IRS estimates that more than 14.6 million taxpayers will get an automatic extension this filing season, either by filing a form or making an electronic tax payment. But some taxpayers, such as disaster victims, those serving in a combat zone and Americans living abroad, get more time, even if they don’t ask for it. Just remember the extension filing only applies to the return due not - not the payment date. The tax payment date cannot be extended and it remains April 15th. To request more details on each of these special tax-relief provisions concerning automatic extensions or the payment due date contact Wilson Tax Law Group, APLC or call us at 949-397-2292.
The Newport Beach Tax Attorney blog is dedicated to tax issues serving Orange County and Southern California. Posts cover recent news and tax cases including audits, tax litigation, IRS, and cryptocurrency tax issues. For more on the Orange County Tax Attorney Joseph P. Wilson, visit https://www.wilsontaxlaw.com or 949.397.2292
Cali Resident Guilty Stealing Homeless IDs and Using Them to Seek Fraudulent Tax Refunds
The DOJ Tax Division issued the following:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, June 27, 2017
California Resident Pleads Guilty to Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax Refunds
Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance
Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance
A California resident pleaded guilty yesterday to conspiring to file false claims for tax refunds, submitting false claims for tax refunds, mail fraud and aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Brian J. Stretch for the Northern District of California.
According to documents and information provided to the court, Diep Vo aka Nancy Vo, 74, conspired with codefendant Trong Nguyen aka John Nguyen, to use the IDs of homeless and unemployed individuals in the San Jose, California area to file fraudulent claims for refunds with the Internal Revenue Service (IRS). Vo went to homeless shelters and halfway houses and falsely represented to individuals that she could get them money from a government program designed to assist people who had not worked in previous years. Vo convinced people to write down their names and social security numbers and to sign blank income tax returns. Vo and Nguyen then falsified the signed returns including bogus income and income tax withheld amounts and sought fraudulent refunds from the IRS. Vo and Nguyen directed the refund checks to private mailboxes they controlled. Nguyen previously pleaded guilty to submitting and conspiring to submit false claims for refund.
Sentencing is scheduled for Nov. 14. Vo faces a statutory maximum sentence of five years in prison on each count of conspiring to file false claims and submitting false claims for refund, 20 years in prison for each count of mail fraud and a mandatory minimum sentence of two years in prison for aggravated identity theft. Vo also faces a period of supervised release, restitution and monetary penalties. Nguyen is scheduled to be sentenced on July 25.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch thanked special agents of IRS Criminal Investigation and the U.S. Postal Inspection Service, who conducted the investigation, and Assistant U.S. Attorney Thomas Newman and Trial Attorney Gregory Bernstein of the Tax Division, who are prosecuting the case.
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Shared on behalf of Wilson Tax Law Group, APLC. If you require assistance with a tax matter, please contact Joseph P. Wilson, Esq. at 949-397-2292.
Cali Resident Guilty Stealing Homeless IDs and Using Them to Seek Fraudulent Tax Refunds
The DOJ Tax Division issued the following:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, June 27, 2017
California Resident Pleads Guilty to Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax Refunds
Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance
Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance
A California resident pleaded guilty yesterday to conspiring to file false claims for tax refunds, submitting false claims for tax refunds, mail fraud and aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Brian J. Stretch for the Northern District of California.
According to documents and information provided to the court, Diep Vo aka Nancy Vo, 74, conspired with codefendant Trong Nguyen aka John Nguyen, to use the IDs of homeless and unemployed individuals in the San Jose, California area to file fraudulent claims for refunds with the Internal Revenue Service (IRS). Vo went to homeless shelters and halfway houses and falsely represented to individuals that she could get them money from a government program designed to assist people who had not worked in previous years. Vo convinced people to write down their names and social security numbers and to sign blank income tax returns. Vo and Nguyen then falsified the signed returns including bogus income and income tax withheld amounts and sought fraudulent refunds from the IRS. Vo and Nguyen directed the refund checks to private mailboxes they controlled. Nguyen previously pleaded guilty to submitting and conspiring to submit false claims for refund.
Sentencing is scheduled for Nov. 14. Vo faces a statutory maximum sentence of five years in prison on each count of conspiring to file false claims and submitting false claims for refund, 20 years in prison for each count of mail fraud and a mandatory minimum sentence of two years in prison for aggravated identity theft. Vo also faces a period of supervised release, restitution and monetary penalties. Nguyen is scheduled to be sentenced on July 25.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch thanked special agents of IRS Criminal Investigation and the U.S. Postal Inspection Service, who conducted the investigation, and Assistant U.S. Attorney Thomas Newman and Trial Attorney Gregory Bernstein of the Tax Division, who are prosecuting the case.
****
Shared on behalf of Wilson Tax Law Group, APLC. If you require assistance with a tax matter, please contact Joseph P. Wilson, Esq. at 949-397-2292.
New Legislation to Reform the California Tax Appeal System
In light of a number of problems at the California State Board of Equalization (BOE), the California General Assembly has passed legislation that, if enacted, would strip the BOE of all but its constitutionally mandated tax functions. In addition, the legislation would create a new Department of Tax and Fee Administration (DTFA) and a new Office of Tax Appeals (OTA) to assume between the two of them all the other current duties, powers, and responsibilities of the BOE. Some of the changes would be operative as early as July 1, 2017.- inappropriate intervention by board members in administrative and appeal-related activities;
- numerous complaints concerning attempts by the board members and their staffs to influence audits, investigations, and collection activities by civil service employees;
- exertion of undue influence by board members and their staffs that handicapped employees in their efforts to fairly apply the law;
- routine interference by board members or their staffs that effectively eliminated the ability of the executive director and upper management to operate the organization; and
- significant errors in the allocation of sales and use tax revenue due to the board’s failure to focus on its core responsibilities.
If signed by the Governor, the legislation would cut back the duties, powers, and responsibilities of the board to various property tax assessment and equalization functions and assessment of taxes on insurers authorized by Article XIII of the state constitution; assessment and collection of excise taxes on alcohol pursuant to Article XX of the state constituted; and the duty to adjust the rate of the motor vehicle fuel tax for the 2018-19 fiscal year (residual responsibilities).- various types of petitions,
- an administrative protest,
- a claim for refund,
- an appeal from an action by the Franchise Tax Board (FTB),
- an application, including an application for administrative hearing, and
- any other item that may be scheduled for a hearing, including requests for relief of taxes, fees, interest, or penalties.
Also beginning January 1, 2018, the BOE would not be permitted to conduct appeals, except as they relate to its residual responsibilities.
Wilsontaxlaw.com
In light of a number of problems at the California State Board of Equalization (BOE), the California General Assembly has passed legislation that, if enacted, would strip the BOE of all but its constitutionally mandated tax functions. In addition, the legislation would create a new Department of Tax and Fee Administration (DTFA) and a new Office of Tax Appeals (OTA) to assume between the two of them all the other current duties, powers, and responsibilities of the BOE. Some of the changes would be operative as early as July 1, 2017.
Operational Culture
According to legislative findings in the bill, "the board’s operational culture severely impacts its ability to report accurate and reliable information to the public, the administration, and the Legislature."The findings enumerated specific problems with the current board, including:
- inappropriate intervention by board members in administrative and appeal-related activities;
- numerous complaints concerning attempts by the board members and their staffs to influence audits, investigations, and collection activities by civil service employees;
- exertion of undue influence by board members and their staffs that handicapped employees in their efforts to fairly apply the law;
- routine interference by board members or their staffs that effectively eliminated the ability of the executive director and upper management to operate the organization; and
- significant errors in the allocation of sales and use tax revenue due to the board’s failure to focus on its core responsibilities.
If signed by the Governor, the legislation would cut back the duties, powers, and responsibilities of the board to various property tax assessment and equalization functions and assessment of taxes on insurers authorized by Article XIII of the state constitution; assessment and collection of excise taxes on alcohol pursuant to Article XX of the state constituted; and the duty to adjust the rate of the motor vehicle fuel tax for the 2018-19 fiscal year (residual responsibilities).
In relation to administrative matters, members of the BOE will not be permitted to appoint, remove, discipline, or issue orders to any BOE employee. BOE members are also prohibited from interfering with or influencing the process of the BOE’s or the DTFA’s legislative analyses, or any other form of technical assistance requested by the governor or the Legislature.
Department of Tax and Fee Administration
Operative July 1, 2017, the DTFA would be the successor to the duties, powers, and responsibilities of the BOE, except for the its residual responsibilities and its ability to conduct appeals hearings. Generally, unless the context clearly requires otherwise, whenever any reference to the BOE appears in any statute, regulation, contract, or other code, with respect to the functions transferred to the DTFA, it will be deemed to refer to the DTFA.
Office of Tax Appeals
Beginning January 1, 2018, the OTA would be the successor to all of the duties, powers, and responsibilities of the BOE necessary or appropriate to conduct appeals hearings, except as those powers relate to the BOE’s residual responsibilities. For purposes of this change, “appeal” means:
- various types of petitions,
- an administrative protest,
- a claim for refund,
- an appeal from an action by the Franchise Tax Board (FTB),
- an application, including an application for administrative hearing, and
- any other item that may be scheduled for a hearing, including requests for relief of taxes, fees, interest, or penalties.
Also beginning January 1, 2018, the BOE would not be permitted to conduct appeals, except as they relate to its residual responsibilities.
A.B. 102, Laws 2017, as sent to enrolling June 15, 2017
Wilsontaxlaw.com
New Legislation to Reform the California Tax Appeal System
In light of a number of problems at the California State Board of
Equalization (BOE), the California General Assembly has passed legislation
that, if enacted, would strip the BOE of all but its constitutionally mandated
tax functions. In addition, the legislation would create a new Department of
Tax and Fee Administration (DTFA) and a new Office of Tax Appeals (OTA) to
assume between the two of them all the other current duties, powers, and
responsibilities of the BOE. Some of the changes would be operative as early as
July 1, 2017.
- inappropriate intervention by
board members in administrative and appeal-related activities;
- numerous complaints concerning
attempts by the board members and their staffs to influence audits,
investigations, and collection activities by civil service employees;
- exertion of undue influence by
board members and their staffs that handicapped employees in their efforts
to fairly apply the law;
- routine interference by board
members or their staffs that effectively eliminated the ability of the
executive director and upper management to operate the organization; and
- significant errors in the
allocation of sales and use tax revenue due to the board’s failure to
focus on its core responsibilities.
If signed by the Governor,
the legislation would cut back the duties, powers, and responsibilities of the
board to various property tax assessment and equalization functions and
assessment of taxes on insurers authorized by Article XIII of the state
constitution; assessment and collection of excise taxes on alcohol pursuant to
Article XX of the state constituted; and the duty to adjust the rate of the
motor vehicle fuel tax for the 2018-19 fiscal year (residual responsibilities).
- various types of petitions,
- an administrative protest,
- a claim for refund,
- an appeal from an action by the
Franchise Tax Board (FTB),
- an application, including an
application for administrative hearing, and
- any other item that may be
scheduled for a hearing, including requests for relief of taxes, fees,
interest, or penalties.
Also beginning January 1,
2018, the BOE would not be permitted to conduct appeals, except as they relate
to its residual responsibilities.
Wilsontaxlaw.com
In light of a number of problems at the California State Board of
Equalization (BOE), the California General Assembly has passed legislation
that, if enacted, would strip the BOE of all but its constitutionally mandated
tax functions. In addition, the legislation would create a new Department of
Tax and Fee Administration (DTFA) and a new Office of Tax Appeals (OTA) to
assume between the two of them all the other current duties, powers, and
responsibilities of the BOE. Some of the changes would be operative as early as
July 1, 2017.
Operational Culture
According to legislative
findings in the bill, "the board’s operational culture severely
impacts its ability to report accurate and reliable information to the public,
the administration, and the Legislature."The findings enumerated specific
problems with the current board, including:
- inappropriate intervention by
board members in administrative and appeal-related activities;
- numerous complaints concerning
attempts by the board members and their staffs to influence audits,
investigations, and collection activities by civil service employees;
- exertion of undue influence by
board members and their staffs that handicapped employees in their efforts
to fairly apply the law;
- routine interference by board
members or their staffs that effectively eliminated the ability of the
executive director and upper management to operate the organization; and
- significant errors in the
allocation of sales and use tax revenue due to the board’s failure to
focus on its core responsibilities.
If signed by the Governor,
the legislation would cut back the duties, powers, and responsibilities of the
board to various property tax assessment and equalization functions and
assessment of taxes on insurers authorized by Article XIII of the state
constitution; assessment and collection of excise taxes on alcohol pursuant to
Article XX of the state constituted; and the duty to adjust the rate of the
motor vehicle fuel tax for the 2018-19 fiscal year (residual responsibilities).
In relation to
administrative matters, members of the BOE will not be permitted to appoint,
remove, discipline, or issue orders to any BOE employee. BOE members are also
prohibited from interfering with or influencing the process of the BOE’s or the
DTFA’s legislative analyses, or any other form of technical assistance
requested by the governor or the Legislature.
Department of Tax and Fee Administration
Operative July 1, 2017, the
DTFA would be the successor to the duties, powers, and responsibilities of the
BOE, except for the its residual responsibilities and its ability to conduct
appeals hearings. Generally, unless the context clearly requires otherwise,
whenever any reference to the BOE appears in any statute, regulation, contract,
or other code, with respect to the functions transferred to the DTFA, it will
be deemed to refer to the DTFA.
Office of Tax Appeals
Beginning January 1, 2018,
the OTA would be the successor to all of the duties, powers, and
responsibilities of the BOE necessary or appropriate to conduct appeals
hearings, except as those powers relate to the BOE’s residual responsibilities.
For purposes of this change, “appeal” means:
- various types of petitions,
- an administrative protest,
- a claim for refund,
- an appeal from an action by the
Franchise Tax Board (FTB),
- an application, including an
application for administrative hearing, and
- any other item that may be
scheduled for a hearing, including requests for relief of taxes, fees,
interest, or penalties.
Also beginning January 1,
2018, the BOE would not be permitted to conduct appeals, except as they relate
to its residual responsibilities.
A.B. 102, Laws 2017, as
sent to enrolling June 15, 2017
Wilsontaxlaw.com
Orange County Bar Association: "Wilson Tax Law Group Named Top Boutique Law Firm"
The Orange County Bar Association has recognized Wilson Tax Law Group's recent selection by the Los Angeles and San Francisco Daily Journals as one of the "Top 20 Boutiques in California for 2016." See the OCBA announcement.
Orange County Bar Association: "Wilson Tax Law Group Named Top Boutique Law Firm"
The Orange County Bar Association has recognized Wilson Tax Law Group's recent selection by the Los Angeles and San Francisco Daily Journals as one of the "Top 20 Boutiques in California for 2016." See the OCBA announcement.
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