JimRubens.com
Healthcare, Fiscal, and Tax
2/04/2015 @ 11:36AM
IRS Is Coming After Tom Brady’s Super Bowl MVP Truck
The world champion New England Patriots will celebrate with the city of Boston today in the now customary duck boat parade downtown. It would be fitting if an IRS agent was waiting for quarterback Tom Brady at the end of the route.
Specifically, he might want to talk about Brady’s new truck. You know, the 2015 Chevy Colorado he won as Super Bowl MVP. The same truck Brady wants to hand over to Patriots rookie cornerback Malcolm Butler, who won the Super Bowl on a last second interception.
The truck is considered a taxable prize under the Internal Revenue Code, section 74. It’s taxed at Tom Brady’s marginal income tax rate of 39.6 percent (plus state income tax, but I’ll leave the focus on federal here).
According to TrueCar.com, the fair market value of a 2015 Chevy Colorado is in the neighborhood of $34,000. This is likely an understatement, since it includes none of the options that Chevy no doubt added to the vehicle.
So Tom Brady will pay ($34,000 x 39.6 percent) in taxes, or $13,500 in income tax on this prize.
But the pain won’t stop there for the greatest quarterback in NFL history.
Don’t forget about the gift tax, Tommy
According to ESPN, Brady has decided to gift the truck to Patriots rookie cornerback Malcolm Butler, who made the game-clinching interception on Sunday night. This is not a taxable event at all for Butler–gifts are never taxed to the recipient.
Brady is not so lucky. He’s going to have to pay gift tax on this transaction. The tax code only allows you to give $14,000 tax free from any one person to any one person before assessing a donor level tax on the gift.
Assuming this will be Brady’s only gift to Butler this year, the transaction sets up a taxable gift for Brady of $20,000 (the $34,000 value of the truck minus the $14,000 gift tax exclusion). Assuming Brady has made at least $5.25 million of taxable gifts up to this point in his life (a safe bet), he will owe a 40 percent gift tax on this $20,000 taxable gift. That’s an $8000 gift tax on top of a $13,500 income tax on the truck, for a combined federal tax hit of $21,500.
That’s over half the value of the truck itself.
What about his game check?
Note that the above analysis is only for the federal income tax owed and gift taxes due on the MVP prize. What about the paycheck Brady collected for winning the Super Bowl?
According to CNBC, the NFL pays a player on a Super Bowl winning team a salary of $97,000 for the game. Brady doesn’t appear to have any Patriots team bonuses for the game, so this is likely the amount we’re dealing with.
Brady will face income tax at the top rate of 39.6 percent. In addition, since this is a wage, he will also owe the top Medicare tax of 3.8%, half of which will be picked up by the NFL. Put those together, and Brady will pay $42,000 in federal taxes on the game.
He didn’t get hit that hard by the Legion of Boom Seattle defense, but the IRS is a much bigger foe.
http://www.washingtontimes.com/news/2015/feb/3/irs-offers-extra-tax-refunds-to-illegal-immigrants/
IRS offers extra tax refunds to illegal immigrants granted amnesty by Obama
By Stephen Dinan
The Washington Times
Tuesday, February 3, 2015
IRS Commissioner John Koskinen confirmed Tuesday that illegal immigrants granted amnesty from deportation under President Obama’s new policies would be able to get extra refunds from the IRS for money they earned while working illegally, as long as they filed returns during those years.
Illegal immigrants who are granted the amnesty will be given official Social Security numbers, which means they can go back and amend up to three years of previous tax forms to claim the Earned Income Tax Credit, potentially claiming billions of dollars in additional payments they were ineligible for before the amnesty.
Mr. Koskinen said they will have to have already filed returns for those back-years, and there’s a statute of limitations that governs how far they can go back, but said the agency’s current interpretation of laws would allow them to claim the EITC credit retroactively.
“This is the problem you get into,” said Sen. Charles E. Grassley, an Iowa Republican who demanded a solution to the loophole. “The IRS’s interpretation of the EITC eligibility requirements undermines congressional policy for not rewarding those working illegally in the United States.”
The loophole stems from the way the IRS handles illegal immigrants. While the immigrants are not authorized to work in the U.S. legally, the IRS still wants to be paid taxes on the earnings of those who do work, and so it has issued millions of Individual Taxpayer Identification Numbers, or ITINs, to illegal immigrants, enabling them to pay up.
Some tax credits are only eligible to those with a valid Social Security number. Those who get valid numbers, however, can go back and claim them.
The IRS website says taxpayers have until April 15 this year to file back to 2011 claiming tax credits they didn’t ask for in their previous returns, and have until April 15, 2016, to claim tax credits from 2012.
Mr. Grassley asked Mr. Koskinen to go back and revisit his agency’s interpretation of the laws.
The Obama administration says up to 4 million illegal immigrants could earn “deferred action,” or a stay of deportation and work permits that would accompany it. It’s uncertain how many of those were paying taxes using ITINs, and thus could be eligible to claim the EITC.
The EITC isn’t the only tax credit to be ensnared in the immigration debate. The IRS already pays out billions of dollars a year to illegal immigrants under a program known as the additional child tax credit.
The IRS says the law is vague on who is eligible for the child credit, so to be on the safe side they pay it out to illegal immigrants.
Backers argue that the children claimed for the child tax credit are likely U.S. citizens, even if their parents are here illegally, and so it would be unfair to strip the money.
In 2010, the government paid out $4.2 billion to illegal immigrants who claimed the child tax credit, the IRS’s inspector general found.
Former disgraced chief of the Internal Revenue Service Lois Lerner tries to bust into a neighbor’s home in order to avoid answering a Reporter’s questions while she’s walking her dogs. Oh, how the mighty have fallen.