We feel compelled to remind everyone that there is exactly one week to go until the corporate tax filing deadline of September 15th. By now, with seven days to go, most of you working in tax compliance have probably had one of the following experiences:
• A nervous breakdown
• MSG overdose
• Showered using the bathroom sink at the office
Regardless of your sitch, we’re here to get you to the finish line, even if the layoff rumors are still lurking. Discuss how things look down the stretch and drop us anything you hear regarding potential layoffs at your firm after the deadline.
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Here’s Your Final 1040 Filing Deadline of 2011* Open Thread
For those of you that worked through the weekend, your consumption of 5-hour bombs probably has you juiced enough to last you through the October 31st deadline for those affected by Hurricane Irene. ANYWAY, TThe good news is that another tax filing year has final come to an end. The less-good news is that it’s only 75 days until 2012 and you get to start all over again. Now’s the time to get anything off your chest. Feel like screaming at the client that showed up with their shoebox this morning? Partners forcing you to postmark hundreds of envelopes for the stuff that simply isn’t getting done by midnight? Best to let it out now, January will be here before you know it.
See also:
Today is the final 1040 deadline, barring a hurricane or something [Tax Update]
Tomorrow’s Tax Deadline Pushed Off For Some Taxpayers [Tax Girl/Forbes]
Don’t make these tax filing mistakes [DMWT]
*I have to do this because some of you petty, hair-splitting types would point out the extended deadlines. This should suffice that we’re completely aware of it. Get back to work.
Billionaire’s Heirs May Beat the Estate Tax and They Have Congress to Thank
The New York Times has interesting story on Dan Duncan, a Houston billionaire who couldn’t beat death but his heirs may just beat the taxes thanks to Congress falling asleep at the wheel.
Duncan did all right for himself. He became the richest man in Houston and was ranked 74th on Forbes’ latest list by creating a natural gas empire that he started with a couple of trucks and $10k. Getting self-made crazy rich involves a little bit of luck so now it appears that he has passed on a little of that luck on to his heirs who may be inheriting his $9 billion fortune tax-free.
In case you estate tax mess continues to drag on, and on and on.
The Times story says that the Treasury collected $25 billion in estate taxes in 2008. With that kind of haul how could Congress let this happen? Joe Kristan passed along a little background to us from a Tax Analysts report 2001, some time ago that explains:
Although President Bush is scheduled to sign the tax bill into law next week, the bill contains a sunset provision that invites further debate in Congress during the next decade on whether many of the provisions will become permanent or take effect at all.
Just after H.R. 1836 becomes fully phased-in and estate taxes are repealed, the entire tax cut bill would expire as of December 31, 2010, under the bill’s sunset provision unless Congress enacts new law before that date.
The sunset provision opens up a new arena for debate among conservatives who are eager to make the provisions permanent and liberals who would prefer to postpone phasing in the provisions to pay for other government programs. Meanwhile, tax planners are left questioning the final outcome as they examine the new law.
As originally designed, the bill would have extended through 2011 and made the tax cuts permanent. However, that bill would have been subject to a budgetary procedure known as the “Byrd Rule,” which requires 60 votes in the Senate to alter revenue beyond a 10-year period. To avoid the procedure, Republican taxwriters adjusted the tax cut agreement for H.R. 1836 by allowing the provisions to sunset by December 31, 2010.
Democrats have argued that the sunset provision masks the true cost of the bill because the revenue loss accounts for only nine years of the budget window and less than one year of the bill’s full effect, including repeal of the estate tax. “Not only have they increased the back-loading to hide the true cost of this tax bill, but they have actually eliminated a year from the calendar,” said Senate taxwriter Kent Conrad, D-N.D., in a May 26 floor statement. “What they have done is graduated to a whole new level of accounting gimmickry to disguise the full cost of this tax bill.”
Joe’s emphasis. He then wrote to us, “Stupid? Well, it’s Congress, what do you expect?”
Blame who you want – George W. Bush for signing the expiration into law in 2001 or the Democratic controlled Congress for letting it expire – but at this point in time, regardless of your political persuasion, Duncan’s family and other wealthy families (some wealthier than others) are catching a huge break.
The Duncans didn’t talk to the Times for the story but it does state, “Many lawyers say Mr. Duncan’s heirs have the means and motivation to wage a fierce court battle to challenge the constitutionality of any retroactive tax.”
Good for them. If Congress tries to pull a fast one on them with a retroactive tax they should fight it tooth and nail. Despite the fiscal situation facing the country, Congressional incompetence and inaction shouldn’t get a mulligan.