The Wilson Firm recently navigated a significant victory in Employer Shared Responsibility Payment (ESRP) penalty negotiation, dramatically reducing a client's ESRP penalty from $465,000 to just $9,000. In this case, The Wilson Firm adeptly demonstrated to the IRS that the company satisfied the "minimum essential coverage" and "minimum value" standards, thereby ensuring that Section 4980H(a) penalties were not applicable. Instead, only the stipulations of Section 4980H(b) were relevant to the client's situation. This strategic approach allowed The Wilson Firm to bypass the more complex and potentially costly "affordability" defense, which could have led to higher expenses and prolonged resolution times without...

Bankruptcy Basics Federal courts, in their exclusive jurisdiction over bankruptcy cases, give people and businesses a fresh start when they can no longer pay their debts. There are several chapters of bankruptcy under the United States Bankruptcy Code, but the most common ones for individuals and businesses are: Chapter 7: Involves liquidation, where non-exempt assets are sold to pay off creditors. Individuals or businesses with significant unsecured debts may opt for Chapter 7. Chapter 11: Primarily for businesses, it allows for reorganization and continuation of operations while developing a plan to repay creditors. It’s more complex and costly, often used by...

Over the past decade, the IRS has intensified scrutiny on foreign asset reporting, with non-compliance leading to severe tax penalty implications, including hefty fines and criminal charges for U.S. taxpayers. Though we have already discussed at length the FBAR and Form 8938, this article will take a deeper dive into one of the most common international information reporting forms - Form 3520. Who is Required to Report? U.S. taxpayers are obliged under tax law to report global income. "United States Persons" who must report include:U.S. citizens or residentsDomestic partnerships and corporationsU.S. estates (excluding foreign ones)Trusts under U.S. jurisdictionOthers not classified as...

The IRS has recently issued a warning to taxpayers, cautioning them to be vigilant about scams promising tax refunds or claiming to "fix" tax-related issues. The IRS emphasizes that it never initiates contact with taxpayers through email, text, or social media regarding tax refunds or bills. They caution against clicking on links from questionable sources and encourage individuals to remain vigilant. These scams often focus on misleading promises regarding a third round of economic impact payments. The IRS has been inundated with complaints, receiving hundreds daily and thousands since the July 4th holiday, directed to their This email address is being protected from spambots. You need JavaScript enabled to view it. email account. The economic...

  Client worked for an international oil and gas company based in Europe, where the employees had the equivalent of a European 401k. The client was given erroneous advice and never reported this foreign account when filing their tax returns. Before coming to The Wilson Firm, the client was looking at paying approximately $100k with the combined amounts of tax and penalties owed. This amount could have been increased by an additional $70k if the client’s actions were determined to be "willful," and they were assessed penalties for this. Instead, with the help of our firm, our client paid less than 13%...

For business owners, navigating the world of tax compliance can be extremely complicated. On top of the business itself, tax compliance represents a world of confusion for most business owners. The following tips are meant to provide simple, yet highly effective tips on how a business owner can make tax compliance easier. These tips are by no means all-inclusive; they are simply designed to point your business in the right direction. Work as you go. Every year the IRS selects random returns for audits, and those operating small businesses are at a greater risk of being picked up for these random...

The Wilson Firm recently achieved a significant victory for its client, a subsidiary of a Fortune 100 company. The case involved a dispute with Montgomery Central Appraisal District over the value of approximately 30 acres of commercial property located in The Woodlands, Texas. The Wilson Firm sued Montgomery Central Appraisal District in September 2019 over the appraised value of the client’s property after attempting to resolve the matter with the Montgomery County Appraisal Review Board. While the lawsuit was pending, the Appraisal District continued to over-appraise the value of the property in successive years, expanding the lawsuit to include 2020, 2021,...

If you are reading this, I first want to wish you good luck because you are reading this article means you are either running a business or at least thinking of starting a business. When it comes to new business, you may find yourself involved in a variety of different industries, from freight to plumbing or even the restaurant business. However, most entrepreneurs don't realize that they also entered into the tax "industry." Starting a business comes with infinite tax rules to understand and comply with. Because tax is so certain, I think the Bible has a typo: it should say...

If there is one word that strikes fear in the hearts of every taxpayer, that word is “audit.”  Most people don’t truly understand what an audit actually entails, why they would be the victim of an audit, and what to do in case they find themselves on the wrong side (implying that there is a right side) of an IRS audit. An IRS audit is an examination of an organization's or individual's accounts and financial information to ensure that information is reported correctly according to tax laws and to verify the reported amount of tax is correct. Many people have the...

Yesterday The Wilson Firm organized the Spring Tax Mixer event at Del Frisco's Grille in The Woodlands. More than 20 tax professionals attended this fun networking event, where they were able to connect and exchange ideas, experiences, and opportunities. We had the pleasure of meeting new people, discussing interesting topics, and relaxing after a busy tax season.       We thank every attendee for carving out time for us and stopping by at the event. The Wilson Firm also extends its gratitude to the local businesses that provided generous gifts for door prizes:  VillaSport Athletic Club and Spa,  Black Rock Coffee Bar, Del...

Don’t Ignore your Tax Preparer’s Red Flags. Tax season is either the best of times or the worst of times. Either you’re eagerly waiting for the Internal Revenue Service (“IRS”) to issue you a juicy refund, or you’re searching and scraping for any deduction or tax strategy that can minimize your tax liability. As the April 18, 2023 deadline is approaching, people might find themselves in “panic mode” and susceptible to making poor decisions this tax season. While there is a temptation to rush your taxes or take “extra” deductions, it is important to understand that when dealing with the IRS,...

A wise man once said, “Fool me once, shame on you; fool me twice, shame on me.” Whoever this so-called wise man was, he had never encountered the IRS. If he had, the corrected quote would be something like this: “Fool the IRS once, go straight to jail.” When it comes to trying to defraud the Internal Revenue Service, just don’t. At worse you end up in prison, at best, you end up looking over your shoulder for the rest of your life. As we get closer to the April 18, 2023 filing deadline, and the economy gets worse, it can...

An Introduction to Form 5471 - Information Return of U.S. Persons With Respect to Certain Foreign Corporations   Purpose of Form Form 5471 is used to satisfy the reporting requirements of Internal Revenue Code (“IRC”) §§ 6038 (information reporting with respect to certain foreign corporations and partnerships) and 6046 (returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock). Likewise, Form 5471 is used to report amounts related to IRC § 965 (treatment of deferred foreign income upon transition to participation exemption system of taxation). Certain U.S. persons who are officers, directors, or shareholders in...

The Wilson Firm is pleased to announce that we recently awarded a $1000 scholarship to a deserving student, J.D. Candidate Nga Tran-Medina, at the Thurgood Marshall School of Law. As a leading law firm specializing in tax law, we are committed to supporting the next generation of legal professionals and helping to shape the future of the legal field. Our very own tax attorney, Jay Poynter, had the honor of presenting the scholarship at the Corporate and Tax Law Society Panel. During the panel, Jay spoke about the exciting opportunities and challenges that come with a career in tax controversy. We're...

  Introduction Dogecoin, Shiba, Bitcoin, Ethereum. If none of those sound familiar, then you might have been living under a rock the past few years. From online forums to mainstream news networks, crypto has been a hot topic. We have seen people lose fortunes to crypto, while others got rich seemingly overnight. Because crypto is such a new technology, the final verdict on some of the more complex tax issues related to it are up in the air. While the future holds many uncertainties on how crypto tax issues will be litigated, income that comes from crypto is taxable income like...

    Picture this: you are daydreaming about your significant other as you shop for an engagement ring at Tiffany’s. You feel pure bliss as you reminisce about the many years you have spent with them, and then imagine the hopefully numerous years you will spend together in the future. As you look at different rings, imagery of white picket fences, dogs, and 2.5 kids running around flood your mind. In the haze of love and emotion, you are forgetting one thing: your potential soulmate may be drowning in tax debt. With the IRS hiring 87,000 new agents, it is no...

  A wiseman once said that two things in life are certain: (1) that the government will tax you up until, during, and after your death; and (2) they will make paying taxes as confusing as possible, giving you a headache in the process. Of course, I am paraphrasing a bit. The confusion of endless streams of new tax provisions come with each new administration, and the current one is no exception. Fortunately, at The Wilson Firm, we sift through the mess created by governmental entities like the IRS so you can worry about taxes a bit less. Effective August 16,...

        Whether you’re for it or against it, the question of what should be done about the almost $2 trillion in student loan debt spread amongst almost 50 million borrowers is a point of political contention. Some people say that we should leave things as they are, and let people figure out how to manage their own student loan debt. Others say that all of the student loan debt should disappear and give all borrowers a clean slate. Finally, those remaining have varying ideas of exactly how much student loan forgiveness is ideal. Wherever you fall on the...

      Tax levies are scary and are extremely debilitating for all taxpayers. Levies involve the actual seizure of property to satisfy a tax debt. Under Internal Revenue Code (“IRC”) 6331(a), the IRS has the right to seize and sell “all property and rights to property.” This means real or personal property and tangible or intangible property, including items such as a personal vehicle and residence, as well as wages, investment assets, receivables, and bank accounts.   When the IRS first levies a taxpayer, the agency will follow a set process: The tax must first be assessed;The taxpayer will be...

  Under the Bank Secrecy Act, formerly known as the Currency and Foreign Transactions Report Act of 1970, Congress enacted the requirement that certain foreign bank and financial accounts must be reported by United States taxpayers by filing a Report of Foreign Bank and Financial Accounts (“FBAR”).   What is an FBAR? An FBAR is a Foreign Bank Account and Financial Asset Report, which is filed on FinCEN Form 114. Congress’s rationale for requiring the reporting of foreign bank accounts and financial assets is simple – to prevent tax evasion. Although the IRS retains civil FBAR enforcement authority, FinCEN Form 114...