IRS increases standard mileage reimbursement rate for personal vehicles effective July 1

Courtesy of the Internal Revenue Service

The Internal Revenue Service has announced an increase in the optional standard mileage rate for the final 6 months of 2022. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business and certain other purposes.

For the final 6 months of 2022, the standard mileage rate for business travel will be 62.5 cents per mile, up 4 cents from the rate effective at the start of the year. The new rate for deductible medical or moving expenses (available for active-duty members of the military) will be 22 cents for the remainder of 2022, up 4 cents from the rate effective at the start of 2022. These new rates become effective July 1, 2022. The IRS provided legal guidance on the new rates in Announcement 2022-13.

In recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2022. The IRS normally updates the mileage rates once a year in the fall for the next calendar year. For travel from Jan. 1 through June 30, 2022, taxpayers should use the rates set forth in Notice 2022-03.

“The IRS is adjusting the standard mileage rates to better reflect the recent increase in fuel prices,” 
said IRS Commissioner Chuck Rettig. “We are aware a number of unusual factors have come into play involving fuel costs, and we are taking this special step to help taxpayers, businesses and others who use this rate.” 

While fuel costs are a significant factor in the mileage figure, other items enter into the calculation of mileage rates, such as depreciation and insurance and other fixed and variable costs. 

The optional business standard mileage rate is used to compute the deductible costs of operating an automobile for business use in lieu of tracking actual costs. This rate is also used as a benchmark by the federal government and many businesses to reimburse their employees for mileage. 

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

The 14 cents per mile rate for charitable organizations remains unchanged as it is set by statute.

Midyear increases in the optional mileage rates are rare, the last time the IRS made such an increase was in 2011.

PurposeRates 1/1 through 6/30/2022Rates 7/1 through 12/31/2022
Business58.562.5
Medical/Moving1822
Charitable1414
Mileage Rate Change

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Surfside Condo Collapse Victims Reach $997 Million Settlement

Families of the victims of the collapse of the Champlain Towers South condominium in Surfside, Fla., that killed 98 people last year have reached a $997 million settlement to compensate them for their staggering losses of life.

If you or someone close to you has been injured in an accident, you may be entitled to compensation as well. Call our office at 816-524-4949 to schedule a consultation.

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ACA Payments Get Priority in Bankruptcy, Appeals Court Rules

A federal appeals court recently ruled that payments individuals owe to the Internal Revenue Service for failing to obtain health insurance under the Affordable Care Act should be given priority in bankruptcy.

If you need tax assistance or are considering bankruptcy, call our office at 816-524-4949 or click here to schedule a consultation.

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Understanding taxpayer rights: The right to appeal an IRS decision in an independent forum

Taxpayers have the right to appeal an IRS decision in an independent forum. This is one of ten basic rights — known collectively as the Taxpayer Bill of Rights — that all taxpayers have when working with the IRS.

The IRS’s Independent Office of Appeals that handles a taxpayer’s case must be separate from the IRS office that initially reviewed that case. Generally, Appeals will not discuss a case with the IRS to the extent that those communications appear to compromise the independence of Appeals.

Here are some important details about the right to appeal a decision in an independent forum:

  • A statutory notice of deficiency is an IRS letter proposing additional tax. Taxpayers who receive this notice and then timely file a petition with the United States Tax Court may dispute the proposed adjustment before they must pay the tax.
  • Taxpayers are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties.
  • Taxpayers have the right to receive a written response regarding a decision from the Office of Appeals.
  • When taxpayers don’t agree with the IRS’s decisions, they can refer to Publication 5, Your Appeal Rights and How To Prepare a Protest If You Don’t Agree, for details on how to appeal.
  • Generally, taxpayers may file a refund suit in a United States district court or the United States Court of Federal Claims if:
    • They have fully paid the tax and the IRS has denied their tax refund claim.
    • No action is taken on the refund claim within six months.
    • It’s been less than two years since the IRS mailed them a notice denying the refund
Courtesy of the Internal Revenue Service

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Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor

A chapter 7 petition filed by the contemnor (a party held in contempt of court) did not bar the district court from moving ahead with contempt proceeds against the debtor for disobeying the district court’s prior orders compelling the debtor to pay some $800,000 in previously imposed contempt sanctions.

In other words, a contemnor’s bankruptcy does not stop a district court from upholding the dignity of the court, according to District Judge Tena Campbell of Salt Lake City.

Considering bankruptcy? Call our office at 816-524-4949 or click here to schedule a consultation to discuss your options.

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Alabama Man Ordered to Pay $12M, Serve 15 Years for Fraud

An Alabama man who pleaded guilty to using bank fraud to live a lavish lifestyle that involved owning a private jet and high-end cars like Lamborghinis and Ferraris was sentenced to 15 years in prison and ordered to pay $12 million in restitution, according to prosecutors. Authorities said in a statement that Christopher A. Montalbano of Vestavia Hills, Alabama, ran the scheme over a four-year stint ending in 2020. He pleaded guilty in November to conspiracy, bank fraud, and money laundering. Prosecutors said that Montalbano used shell companies to obtain more than 140 loans worth millions of dollars from at least 20 institutions. The money went to financing an opulent lifestyle that included two homes, farmland, and multiple real estate holdings, as well as luxury cars and a jet with a private pilot.

Interested in speaking with an attorney? Call our office at 816-524-4949 or click here to schedule a consultation.

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Coinbase Warns Customers They Could Lose Their Crypto if the Company Goes Bankrupt

Coinbase has warned users that their cryptocurrency could be at risk if the exchange ever went bankrupt. The cryptocurrency exchange included a new disclosure to its customers in its first-quarter earnings report. “Because custodially held crypto assets may be considered to be the property of a bankruptcy estate, in the event of a bankruptcy, the crypto assets we hold in custody on behalf of our customers could be subject to bankruptcy proceedings and such customers could be treated as our general unsecured creditors,” the warning states. This is a statement Coinbase needed to make because of a requirement made by the U.S. Securities and Exchange Commission, which said these disclosures are necessary so that customers are informed about their investments. Founder and chief executive of Coinbase Brian Armstrong took to Twitter to reassure customers that the company was not at risk of bankruptcy. “Your funds are safe at Coinbase, just as they’ve always been,” he wrote. “We have no risk of bankruptcy, however we included a new risk factor based on an SEC requirement called SAB 121, which is a newly required disclosure for public companies that hold crypto assets for third parties.”

Considering bankruptcy? Call our office at 816-524-4949 or click here to schedule a free consultation to discuss your options.

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U.S. Issues Charges in First Criminal Cryptocurrency Sanctions Case

The Justice Department has launched its first criminal prosecution involving the alleged use of cryptocurrency to evade U.S. economic sanctions. In an unusual nine-page opinion, U.S. Magistrate Judge Zia M. Faruqui of Washington, D.C., explained why he approved a Justice Department criminal complaint against an American citizen accused of transmitting more than $10 million worth of bitcoin to a virtual currency exchange in one of a handful of countries comprehensively sanctioned by the U.S. government: Cuba, Iran, North Korea, Syria or Russia. In the ruling, the judge called cryptocurrency’s reputation for providing anonymity to users a myth. He added that while some legal experts argue that virtual moneys such as bitcoin, ethereum or Tether are not subject to U.S. sanctions laws because they are created and move outside the traditional financial system, recent action taken by the Treasury Department’s Office of Foreign Assets Control require federal courts to find otherwise.

If you’re interested in speaking with an attorney, call our office at 816-524-4949 or click here to schedule a consultation.

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Woman Led Unemployment Fraud Ring from Prison, Prosecutors Say

A California woman serving a life sentence for murder led a scheme to collect at least $2 million in unemployment benefits using stolen identities, including those of other incarcerated people, according to federal prosecutors. Natalie Le DeMola was one of 13 people charged with conspiracy to commit wire fraud and bank fraud by collecting unemployment benefits using the personal information of people who did not qualify for the aid, according to the U.S. attorney’s office in the Central District of California.

Prosecutors allege that an unnamed prison official provided some of this personal information, including birth dates and Social Security numbers, collected from a California Department of Corrections and Rehabilitation databases. A 39-count indictment indicates that members of the ring filed hundreds of unemployment applications online between June 2020 and April 2021 using the personal information of the people, including themselves, who were not eligible for benefits because they were incarcerated, retired, or working. Prosecutors have said that the applications were mostly for pandemic unemployment benefits expanded to help people who had lost work due to the COVID-19 pandemic.

Need to speak with an attorney? Call our office at 816-524-4949 or click here to schedule a consultation.

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Important tax reminders for people selling a home

A lot of families move during the summer. Taxpayers who are selling their home may qualify to exclude all or part of any gain from the sale from their income when filing their tax return. Here are some things that homeowners should think about when selling a home:

Courtesy of the Internal Revenue Service

Ownership and use
To claim the exclusion, the taxpayer must meet ownership and use tests. During a five-year period ending on the date of the sale, the homeowner must have owned the home and lived in it as their main home for at least two years.

Gains
Taxpayers who sell their main home and have a gain from the sale may be able to exclude up to $250,000 of that gain from their income. Taxpayers who file a joint return with their spouse may be able to exclude up to $500,000. Homeowners excluding all the gain do not need to report the sale on their tax return unless a Form 1099-S was issued.

Losses
Some taxpayers experience a loss when their main home sells for less than what they paid for it. This loss is not deductible.

Multiple homes
Taxpayers who own more than one home can only exclude the gain on the sale of their main home. They must pay taxes on the gain from selling any other home.

Reported sale
Taxpayers who don’t qualify to exclude all of the taxable gain from their income must report the gain from the sale of their home when they file their tax return. Anyone who chooses not to claim the exclusion must report the taxable gain on their tax return. Taxpayers who receive Form 1099-S, Proceeds from Real Estate Transactions must report the sale on their tax return even if they have no taxable gain.

Mortgage debt
Generally, taxpayers must report forgiven or canceled debt as income on their tax return. This includes people who had a mortgage workout, foreclosure, or other canceled mortgage debt on their home. Taxpayers who had debt discharged, in whole or in part, on a qualified principal residence can’t exclude it from income unless it was discharged before January 1, 2026, or a written agreement for the debt forgiveness was in place before January 1, 2026.

Possible exceptions
There are exceptions to these rules for some individuals, including persons with a disability, certain members of the military, intelligence community and Peace Corps workers.

Worksheets
Worksheets included in Publication 523, Selling Your Home can help taxpayers figure the adjusted basis of the home sold, the gain or loss on the sale, and the excluded gain on the sale.

Need tax assistance? Call our office at 816-524-4949 or click here to schedule a consultation.

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