American Rescue Plan FAQs: Stimulus Payments and Tax Updates

Since the American Rescue Plan was signed into law in March 2021, the IRS has been working to implement provisions of the law and provide guidance to make sure taxpayers can receive Economic Impact Payments (EIP or stimulus checks) and take advantage of new tax credits during this current tax season. 

Below are frequently asked questions about the American Rescue Plan will impact this tax season and when people can expect to receive their stimulus checks: 

Stimulus Payments 

How much is the third Economic Impact Payment (EIP3) and am I eligible? 

In this version, the maximum payment is $1,400 per qualified individual or $2,800 for a couple.  

In addition, $1,400 payments are now available for all dependents, including children in college and elderly relatives.  

As with previous rounds of payments, economic stimulus payments are phased out, based on adjusted gross income. However, the upper threshold is reduced from $100,000 of adjusted gross income to $80,000 for single filers and from $200,000 down to $160,000 for joint filers. Payments for dependents are also phased out under these thresholds. 

Mixed-Status Families: 

Children of mixed-immigration status families with valid social security numbers are also eligible for the stimulus payments. 

For married couples who file jointly and only one individual has a valid social security number (SSN), the spouse with a valid SSN will receive up to a $1,400 payment for themselves and up to $1,400 for each qualifying dependent claimed on their 2020 or 2019 tax return.  

For taxpayers who do not have a valid SSN, but have a qualifying dependent who has an SSN, they will receive up to $1,400 per qualifying dependent claimed on their return if they meet all other eligibility and income requirements.  

Do I qualify for the March 2021 Stimulus Check (N.C. Justice Center, English and Español)

Military Families: 

If either spouse was an active member of the U.S. Armed Forces at any time during the taxable year, only one spouse needs to have a valid SSN for the couple to receive up to $2,800 for themselves, plus up to $1,400 for each qualifying dependent. 

When can I expect to receive my Economic Impact Payment (EIP3)? 

Most eligible U.S. residents received EIP3 in mid-March through direct deposit or will soon receive it by paper check or pre-paid debit card in the coming weeks.

Social Security and other federal beneficiary recipients who did not receive EIP3 through direct deposit can expect the payment in early April the same way as their regular benefits, though some may receive it as a paper check or pre-paid debit card.  

The IRS continues to review data received for Veterans Affairs (VA) benefit recipients and expects to determine a payment date and provide more details soon. 

Check your mail

The IRS urges all expecting an economic impact payment through paper check or pre-paid debit card to check their mail frequently and look out for the payment.  

The IRS hopes to have all payments issued by the end of May, but you can check the status of your economic impact payment with the Get My Payment tool

How is my eligibility for the Economic Impact Payment (EIP3) determined? 

The amount of the third payment is based on the taxpayer’s latest processed tax return from either 2020 or 2019, information from Social Security or other federal beneficiary organization, or information entered previously through the IRS’s Non-tax Filer Tool.  

If the taxpayer’s 2020 return has not been processed, the IRS used 2019 tax return information to calculate the third payment. If the third payment is based on the 2019 return, and is less than the full amount a taxpayer is eligible for, the taxpayer may qualify for a supplemental payment.  

After their 2020 return is processed, the IRS will automatically re-evaluate their eligibility using their 2020 information. If they are entitled to a larger payment, the IRS will issue a supplemental payment for the additional amount. 

Do I need to take any actions to receive my Economic Impact Payment (EIP3)? 

No action is required for most who are eligible for EIP3. 

However, some may need to file a simple 2020 tax return to claim the Recover Rebate Credit to receive some or all of any of the three economic impact payments issued from the federal government.  

Who may need claim the Recovery Rebate Credit? 

The following groups may be among those who should claim the Recovery Rebate Credit and file a 2020 tax return to receive EIP3: 

  • Recent college graduates,  
  • Those who were claimed as dependents in 2019,  
  • Incarcerated or recently incarcerated people,  
  • Mixed-immigration-status families, and  
  • Social Security recipients who did not receive a stimulus payment for their dependents.  

Learn about the Recovery Rebate Credit here.  

What does the third Economic Impact Payment look like (EIP3)? 

For those receiving payments in the mail, the IRS urges these taxpayers to continue to watch their mail for these payments, which could include a paper Treasury check, or a special prepaid debit card called an EIP Card. 

Paper checks will arrive by mail in a white envelope from the U.S. Department of the Treasury.  

The EIP Card will also come in a white envelope prominently displaying the seal of the U.S. Department of the Treasury. The card has the Visa name on the front and the issuing bank, MetaBank, N.A. on the back. Information included with the card will explain that this is an Economic Impact Payment. Each mailing will include instructions on how to securely activate and use the card. 

EIP cards issued for any of the three rounds of payments are not reloadable. Recipients will receive a separate card and will not be able to reload funds onto an existing card. 

The form of payment for EIP3, including for some Social Security and other federal beneficiaries, may be different than earlier stimulus payments. More people are receiving direct deposits, while those receiving payments in the mail may receive either a paper check or an EIP Card. 

 
Tax Refunds and Updates 

When is the tax filing deadline? 

The federal deadline for filing taxes has been extended to May 17. 

In North Carolina, the deadline for filing state taxes is May 17. 

What new tax credits and rebates are available through the American Rescue Plan? 

Earned Income Tax Credit:  

The American Rescue Plan expands the Earned Income Tax Credit for 2021, raising the maximum credit for childless adults from roughly $530 to close to $1,500, while also increasing the income limit for the credit from about $16,000 to about $21,000, and expanding the eligible age range by eliminating the age cap for older workers. 

Child Tax Credit:  

The American Rescue Plan includes changes to the Child Tax Credit (CTC) for the 2021 tax year: 

  • An increase to $3,600 per qualified child under age 6 and $3,000 for a child up to age 17. 
  • An additional $500 credit is available for dependent children in college who are under age 24. 
  • The phaseout begins at lower levels of $75,000 of adjusted gross income for single filers and $150,000 for joint filers. But many higher-income families can still claim the $2,000 credit subject to the prior phaseout rules. 

The IRS will make advance payments of the credit, beginning in July. The exact logistics of that process are still being worked out. 

Read more about changes to the Child Tax Credit here.

Dependent Care Credit

The new law increases the Dependent Care Credit for the 2021 tax year to a maximum of $4,000 for one child and $8,000 for two or more children for households with an adjusted gross income of up to $125,000. But the credit will be reduced below 20% for those with an adjusted gross income of more than $400,000.  

Read more about the Dependent Care Credit here

Student Loan Forgiveness Credit

The American Rescue Plan creates a tax exemption beginning in the 2021 tax year for student loans made, insured or guaranteed by the federal or state governments, as well as loans from private lenders and educational institutions. This does not apply, however, to loans that are discharged in exchange for services rendered.

Read more about the Student Loan Forgiveness Credit here

Do I need to pay taxes on unemployment benefits I received in 2020?   

The American Rescue Plan exempts from federal income tax up to $10,200 of unemployment benefits received in 2020 by a family with an adjusted gross income under $150,000.  

Normally, those benefits would be fully taxable. This tax break is intended to help taxpayers who might be blindsided by an unexpected tax bill on their 2020 returns.  

Please note that unemployment benefits are still taxable at the state level and need to be reported as income on North Carolina taxes. 

I am eligible for the expanded Earned Income Tax Credit made available by the American Rescue Plan and/or received unemployment benefits in 2020, but I already filed my tax return. What should I do to receive my full refund? 

If you claimed the expanded credit on your tax return and/or included your unemployment benefits on your tax return, the IRS will automatically review your tax return again and issue the correct refund beginning in May and continue through the summer. You do not need to file an amended return. 

The IRS will do these recalculations in two phases, starting with taxpayers eligible for the up to $10,200 exclusion. The IRS will then adjust returns for those married filing jointly taxpayers who are eligible for the up to $20,400 exclusion and others with more complex returns. 

What if I already filed my tax return and did not claim a credit because I was previously ineligible for it? 

There is no need for taxpayers to file an amended return unless the calculations make the taxpayer newly eligible for additional federal credits and deductions not already included on the original tax return. For example: 

  • The IRS can adjust returns for those taxpayers who claimed the Earned Income Tax Credit (EITC) and, because the exclusion changed the income level, may now be eligible for an increase in the EITC amount which may result in a larger refund.  
  • However, taxpayers would have to file an amended return if they did not originally claim the EITC or other credits but now are eligible because the exclusion changed their income. 
  • These taxpayers may want to review their state tax returns as well. 

The IRS has worked with the tax return preparation software industry to reflect these updates so people who choose to file electronically simply need to respond to the related questions when electronically preparing their tax returns. See New Exclusion of up to $10,200 of Unemployment Compensation for information and examples.   

I am eligible for new or expanded rebates/credits made available by the ARP but have not filed my 2020 tax return. What should I do to receive my full refund? 

Complete your 2020 tax return as you normally would. The IRS has supplied a new worksheet to reflect the changes and online tax preparer software agencies have been instructed to adapt their programs to reflect the changes.  

I have health insurance through the Health Insurance Marketplace (ACA/Obamacare). What should I do about reconciling my financial assistance for coverage premiums this tax season?

The American Rescue Plan Act suspends the requirement that taxpayers pay back all or a portion of their excess advance payments of the Premium Tax Credit for tax year 2020.

What is a Premium Tax Credit

From healthcare.gov: A Premium Tax Credit is a tax credit you can take in advance to lower your monthly health insurance payment (or “premium”).

When you apply for coverage in the Health Insurance Marketplace, you estimate your expected income for the year. If you qualify for a premium tax credit based on your estimate, you can use any amount of the credit in advance to lower your monthly premium (APTC).

In a typical tax year, taxpayers use Form 8962, Premium Tax Credit to figure the amount of their PTC (based on actual annual income) and reconcile it with their APTC (based on the annual income estimated).

If at the end of the year you’ve taken more premium tax credit in advance than you’re due based on your final income, you’ll have to pay back the excess when you file your federal tax return.

If you’ve taken less than you qualify for, you’ll get the difference back through claiming a net Premium Tax Credit.

The Internal Revenue Service has announced that taxpayers with excess Advance Premium Tax Credits (financial assistance) for 2020 are not required to file Form 8962, Premium Tax Credit, or report an excess advance Premium Tax Credit repayment on their 2020 Form 1040 or Form 1040-SR, Schedule 2, Line 2, when they file.

Taxpayers can check with their tax professional or use tax software to figure the amount of allowable PTC and reconcile it with APTC received using the information from Form 1095-A, Health Insurance Marketplace Statement.

For taxpayers claiming a net PTC for 2020: 
The process remains unchanged. They must file Form 8962 when they file their 2020 tax return. See the Instructions for Form 8962 for more information. Taxpayers claiming a net PTC should respond to an IRS notice asking for more information to finish processing their tax return.

For taxpayers who have already filed:
Taxpayers who have already filed their 2020 tax return and who have excess APTC for 2020 do not need to file an amended tax return or contact the IRS. The IRS will reduce the excess APTC repayment amount to zero with no further action needed by the taxpayer.

The IRS will reimburse people who have already repaid any excess advance Premium Tax Credit on their 2020 tax return. Taxpayers who received a letter about a missing Form 8962 should disregard the letter if they have excess APTC for 2020. The IRS will process tax returns without Form 8962 for tax year 2020 by reducing the excess advance premium tax credit repayment amount to zero.

Again, IRS is taking steps to reimburse people who filed Form 8962, reported, and paid an excess advance Premium Tax Credit repayment amount with their 2020 tax return before the recent legislative changes were made. Taxpayers in this situation should not file an amended return solely to get a refund of this amount. The IRS will provide more details on IRS.gov. There is no need to file an amended tax return or contact the IRS. 

For taxpayers reconciling benefits received prior to the 2020 tax year:
As a reminder, this change applies only to reconciling tax year 2020 APTC. Taxpayers who received the benefit of APTC prior to 2020 still must file Form 8962 to reconcile their APTC and PTC for the pre-2020 year when they file their federal income tax return even if they otherwise are not required to file a tax return for that year. 

The IRS continues to process prior year tax returns and reach out to taxpayers for missing information. If the IRS sends a letter about a 2019 Form 8962, the IRS need more information from the taxpayer to finish processing their tax return. Taxpayers should respond to the letter so that the IRS can finish processing the tax return and, if applicable, issue any refund the taxpayer may be due.

See the  Form 8962, Premium Tax Credit, and IRS Fact Sheet for more details about the changes related to the PTC for tax year 2020.

Healthcare.gov Premium Tax Credits and Filing Your 2020 Taxes

Learn more about how the American Rescue Plan impacts the Affordable Care Act and your ability to get health coverage here.

How can I check my status of my tax return? 

Track the status of your tax refund with the Where’s My Refund? tool at IRS.gov or through the IRS2Go App

While most tax refunds are issued within 21 days, some may take longer if the return requires additional review. 

Taxpayers can start checking on the status of their return within 24 hours after the IRS acknowledges receipt of an electronically filed return or four weeks after the taxpayer mails a paper return. The tool’s tracker displays progress in three phases: 

  1. Return received 
  1. Refund approved 
  1. Refund sent 

To use Where’s My Refund, taxpayers must enter their Social Security number or Individual Taxpayer Identification Number (ITIN), their filing status and the exact whole dollar amount of their refund. The IRS updates the tool once a day, usually overnight, so there’s no need to check more often. 

Additional Resources 

Learn more about the American Rescue Plan 
IRS Interactive Tax Assistant (ITA) 
File Your Federal Taxes for Free 
Ready to File Your 2020 Tax Return? 
VITA Offers Free Help Filing 2020 Taxes 
 

VITA Offers Free Help Filing 2020 Taxes

The IRS Volunteer Income Tax Assistance (VITA) program is available by virtual appointment through tax season to help eligible residents file their taxes.   

If your household income in 2020 was $57,000 or less, you could qualify to have your taxes prepared and submitted through this program.  

Due to COVID-19 restrictions, this year’s VITA services will be offered virtually and securely by IRS certified tax preparers, using Adobe Scan, Google Duo, Verifyle, and Zoom to complete returns.  Learn more and register for your free appointment.

An in-person VITA site is open at the Dellwood Center in Huntersville by appointment only until April 10. Learn more and make an appointment

VITA ofrece servicios gratuitos de preparación de impuestos locales 

El programa de Asistencia Voluntaria de Impuestos sobre la Renta (VITA por sus siglas en inglés) del IRS está disponible mediante cita virtual durante la temporada de impuestos para ayudar a los residentes elegibles a presentar sus impuestos. 

Si el ingreso de su hogar en 2020 fue de $ 57,000 o menos, podría calificar para que se preparen y presenten sus impuestos a través de este programa. 

Debido a las restricciones de COVID-19, los preparadores de impuestos certificados por el IRS ofrecerán los servicios VITA de este año de manera virtual y segura, utilizando Adobe Scan, Google Duo, Verifyle y Zoom para completar las declaraciones. Obtenga más información y regístrese para su cita gratuita.

Un sitio de VITA en persona está abierto en el Dellwood Center en Huntersville solo con cita previa hasta el 10 de abril. Obtenga más información y regístrese para su cita.

Ready to file your 2020 tax return?

Here are five things to keep in mind this tax season:

1. The tax filing season is February 12th, 2021 through April 15th, 2021

Update

The federal tax filing deadline has been extended to May 17, 2021. The filing deadline for state taxes in North Carolina is also May 17.

The Internal Revenue Service announced that the nation’s tax season will start on Friday, February 12, 2021, when the tax agency will begin accepting and processing 2020 tax year returns.

The February 12 start date for individual tax return filers allows the IRS time to do additional programming and testing of IRS systems following the December 27 tax law changes that provided a second round of Economic Impact Payments and other benefits.

Start collecting your tax documents and preparing your tax return today!

2. Many families can file for free using IRS Free File

The IRS Free File Program is a partnership with tax filing software leaders who provide their brand-name products for free. There are two ways to file your return online for free:

  • Traditional IRS Free File provides free online tax preparation and filing options on IRS partner sites. Only taxpayers whose adjusted gross income (or AGI) is $72,000 or less qualify for any IRS Free File partner offers.
  • Free File Fillable Forms are electronic federal tax forms you can fill out and file online for free. If you choose this option, you should know how to prepare your own tax return. It is the only IRS Free File option available for taxpayers whose income (AGI) is greater than $72,000.

Learn more at https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free

3. Eligible people who didn’t receive stimulus payments can claim them with the Recover Rebate Credit

Economic Impact Payments (EIP) are referred to as the Recovery Rebate Credit (RRC) on Form 1040 or Form 1040-SR. You may be eligible to claim your EIP through the RRC if you are a recent college graduate, were claimed as a dependent on a 2019 tax return but will file independently on your 2020 tax return, are incarcerated or were recently incarcerated, or missed the Nov. 21 deadline to use the non-tax filer tool to claim your stimulus check.

4. You can deduct up to $300 in charitable donations without itemizing

The Coronavirus Aid, Relief and Economic Security (CARES) Act, enacted last spring, includes several temporary tax changes helping charities, including the special $300 deduction designed especially for people who choose to take the standard deduction, rather than itemizing their deductions.

Under this new change, individual taxpayers can claim an “above-the-line” deduction of up to $300 for cash donations made to charity during 2020. This means the deduction lowers both adjusted gross income and taxable income – translating into tax savings for those making donations to qualifying tax-exempt organizations.

5. 2019 incomes can be used to determine your Earned Income Tax Credit

The Earned Income Tax Credit (EITC) helps low- to moderate-income workers and families get a tax break. If you qualify, you can use the credit to reduce the taxes you owe – and maybe increase your refund.

You may claim the EITC if your income is low- to moderate. The amount of your credit may change if you have children, dependents, are disabled or meet other criteria.

If your earned income was higher in 2019 than in 2020, you can use the 2019 amount to figure your EITC for 2020.

VITA Offers Free Help Filing 2020 Taxes

What NOT to do when filing your taxes

Filing taxes can be an overwhelming task, often because taxpayers are afraid of making mistakes. And there’s a good reason for some to feel that way: seemingly small mistakes made when filing your taxes can result in a major issue with the IRS down the road.

Learn what you need to do to file properly, protect yourself and ensure you have met all your obligations as a taxpayer.

What NOT to do when filing taxes:

  1. DO NOT forget to request and keep a copy of your filed tax return.
  2. DO NOT claim education credits on your tax return if you or one your dependents did not attend college.
  3. DO NOT file as “Married Filing Jointly,” if you and your partner are not married to each other.
  4. DO NOT file as “Head of Household,” if you are married and your spouse lived with you at the end of 2019, even if one spouse has a Social Security Number and the other has an ITIN.
  5. If you are self-employed, DO NOT forget to keep proof of your business income and business expenses, such as receipts.

Get free assistance preparing your taxes

Taxpayers who made less than $56,000 in 2019 can get FREE tax preparation services at Volunteer Income Tax Assistance (VITA) sites throughout tax season. Find one near you today!

Workers with ITINs: Have you renewed your number with the IRS?

What is an ITIN? ITINs, Individual Tax Identification Numbers is a processing number the IRS issues to people who do not have a social security number but are required to have an identification number for tax purposes. ITINs do not serve any purpose other than federal tax reporting.

The IRS sends notices to taxpayers with ITINs informing them of when to renew their ITIN. If you received a letter to renew your ITIN, but you did not, then it has expired and needs renewal.

If you have filed taxes with an expired ITIN, refunds from tax credits and dependent exemptions will be held until you renew your ITIN.

The ITIN renewal process is the same as the application for a new ITIN. You must complete IRS Form W-7 and check “Renew Existing ITIN” at the top of the form.  You are still required to submit identifying documents.

Some local IRS offices can verify identification documents you need to renew your ITIN.

The Taxpayer Assistance Center in Charlotte and in other North Carolina cities can verify documents, but you will need to make an appointment in advance. The schedule an appointment at the closest office near you that can verify your information contact 844-545-5640.

Charlotte Center for Legal Advocacy can assist taxpayers that need to renew their ITIN but does not verify or certify identification documents to submit with the W-7.

Learn more about ITIN Renewal.

Check out our other Tax Season Resources:

What to remember this Tax Season

Protect yourself from scams this Tax Season

What to remember this Tax Season

Tax season is upon us, and many people are looking for help filing a tax return.

In doing so, taxpayers should choose their tax preparers wisely because it’s ultimately the taxpayer who is responsible for all the information on their income tax return. This is true no matter who prepares the return.

Here are some tips for folks to remember when selecting a preparer:

Consider Going to a Volunteer Income Tax Assistance Site. Volunteer Income Tax Assistance (VITA) sites provide FREE income tax preparation to individuals and families who make less than $56,000 per year. These sites operate between February and mid-April at locations all over North Carolina.  Find a VITA site near you!

Check the Preparer’s Qualifications. People can use the IRS Directory of Federal Tax Return Preparers with Credentials and Select Qualifications. This tool helps taxpayers find a tax return preparer with specific qualifications. The directory is a searchable and sortable listing of preparers.

Check the Preparer’s History. Taxpayers can ask the local Better Business Bureau about the preparer. They should check for disciplinary actions and the license status for credentialed preparers.

Ask about Service Fees. People should avoid preparers who base fees on a percentage of the refund or who boast bigger refunds than their competition.

Ask to e-file. The quickest way for taxpayers to get their refund is to electronically file their federal tax return and choose direct deposit.

Make Sure the Preparer is Available. Taxpayers may want to contact their preparer after this year’s April 15 due date. People should avoid “fly-by-night” preparers.

Provide Records and Receipts. Good preparers will ask to see a taxpayer’s records and receipts. They’ll ask questions to figure things like the total income, tax deductions and credits.

Never Sign a Blank Return. Taxpayers should not use a tax preparer who asks them to sign a blank tax form.

Review Before Signing. Before signing a tax return, the taxpayer should review it. They should ask questions if something is not clear. Taxpayers should feel comfortable with the accuracy of their return before they sign it. Once they sign the return, taxpayers are accepting responsibility for the information on it.

Review details about any refund. Taxpayers should make sure that their refund goes directly to them – not to the preparer’s bank account. The taxpayer should review the routing and bank account number on the completed return.

Ensure the Preparer Signs and Includes their PTIN. All paid tax preparers must have a Preparer Tax Identification Number. By law, paid preparers must sign returns and include their PTIN.

Report Abusive Tax Preparers to the IRS. Most tax return preparers are honest and provide great service to their clients. However, some preparers are dishonest. People can report abusive tax preparers and suspected tax fraud to the IRS. Use Form 14157, Complaint: Tax Return Preparer (PDF).

Check out our other Tax Season Resources:

What NOT to do when filing your taxes

Protect yourself from scams this tax season

Protect Yourself This Tax Season

Tax season is also the season for scams targeting taxpayers. Understand the most common scams to protect yourself, your personal information and your finances.

Identity Theft

This occurs when someone uses your personal information such as your Name, Social Security Number (SSN) or other personal identifying information, without your permission. It is often used by scammers to fraudulently file tax returns and claim refunds.

If you file a tax return and then receive a letter from IRS that another tax return was filed using your name, OR if you don’t file a tax return and then receive a letter that a tax return was filed using your name, the false tax filing could be due to identity theft.

Your identity could be stolen, or misused by a former spouse, family member or business partner. 

If you believe that you are at risk of identity theft due to lost, stolen, or misused personal information, contact the North Carolina Low-Income Taxpayer Clinic of Charlotte Center for Legal Advocacy.

Phishing

Phishing is usually carried out with unsolicited e-mails or fake websites to steal your personal and financial information. All you must do is click on false links and your personal information could be compromised. 

Keep in mind, the IRS does not initiate contact with taxpayers by e-mail to request personal or financial information. 

Some tax scammers also use snail mail; so be aware, when you receive regular mail that purports to be from the IRS too.  If you are not sure, contact the IRS directly.

Tax Preparer Fraud

Keep in mind, as a taxpayer you are legally responsible for the information you represent on your tax return, even if the tax return is prepared by a third-party professional.

“Free Money” from the IRS

There is NO SUCH THING as “free money” from the IRS. Be skeptical of flyers and advertisements promising you “free money” from the IRS. If it sounds too good to be true, it probably is.

Need Help?

Contact the North Carolina Low-Income Tax Clinic.

Check out our other Tax Season Resources:

What to remember this Tax Season

What NOT to do when filing your taxes

Charlotte Tax Preparer Pleads Guilty for Filing False Tax Returns

from WSOC TV:

CHARLOTTE, N.C. — A Charlotte tax preparer pleaded guilty in federal court Friday for filing false tax returns for her clients and for herself.

Andrivia Wells entered a guilty plea for three out of 35 counts, including aiding and assisting the filing of false tax returns and filing false tax returns for herself. She did not address a charge related to obstructing criminal investigators from the IRS.

From 2011 through 2019, Wells ran Rush Tax Service out of three locations: Beatties Ford Road, Nevin Road and North Tryon Street. Federal prosecutors say Wells prepared more than 6,000 tax returns and received more than $1.2 million in fees from her clients. Oftentimes, the tax fees were taken from the clients’ tax refunds and clients were unaware of how much they were being charged, which was frequently more than $500.

According to the indictment filed in 2019, Wells filed clients’ tax returns with fabricated items, including wages, filing status, American Opportunity Credits, education credits, Schedule C business income and losses and more. The clients did not know what Wells was doing until they were contacted by the IRS with questions about items on their returns.

Shortly after Wells was notified about the investigation, prosecutors allege she set her Beatties Ford Road office location on fire. It was the very same day her summons response was due. The fire destroyed client files, financial records, and computer hardware.

If you’d like to safeguard your filings this tax season and you make less than $56,000 a year, Charlotte Center for Legal Advocacy attorney Arthur Bartlett said taxpayers should consider going to a Volunteer Income Tax Assistance site. There are locations across Mecklenburg County, and it’s sponsored and funded by the IRS.

If you do have to pay someone to file your taxes, Bartlett said to remember this important tip.

“Make sure you know you’ve looked at the return as best you can and you’ve asked questions where it doesn’t make sense because ultimately the IRS is going to hold you responsible, very likely, if the one you looked at and signed is the one that’s filed.”

The Charlotte Center for Legal Advocacy is assisting Wells’ victims. You can reach them at 704-376-1600.

Thoughts on Tax Advocate Nina Olson

Senior attorney Soreé Finley recently reflected on her first interaction with National Taxpayer Advocate Nina Olson, who retires today after a long career of fighting for fair tax policies for all Americans. This blog post originally appeared in Procedurally Taxing.

I can’t remember the exact year of my first Low-Income Taxpayer Clinic (LITC) conference. I do however remember the elevator ride to the Hilton’s meeting rooms: There are several attendees on the elevator, all hoping to be seated by 8:30 a.m. I am a new attorney and I want to impress my LITC director with my timeliness, but I’m struggling with the early start time.

I walk into this big meeting room, and there’s a nervous and excited energy among the attendants. I’m nervous too, of course—it’s my first legal conference, and I’m in a room full of attorneys. As I look for my table, I keep hearing the word “N.I.N.A.”, and figure it’s one more IRS acronym I’ll have to learn.

I sit at my table as my watch displays “8:30.” Someone approaches the podium and the room goes silent. It’s Nina—not N.I.N.A.—Olson, the National Taxpayer Advocate. For the first time, but not the last, I am blown away by her profound and contagious commitment to taxpayer advocacy.

Years after my first introduction to Ms. Olson, I am still inspired by her courage and willingness to ensure taxpayers and tax practitioners have a positive and consistent experience when interfacing with the IRS. There are millions of taxpayers who may never know Nina Olson’s name, but her legacy and impact on taxpayer advocacy will continue long after she retires.

Ofrecen protección al contribuyente

Charlotte N.C.- El Servicio y Defensa al Contribuyente en colaboración con el Centro de Apoyo Legal de Charlotte llevarán a cabo el lunes 15 de julio un taller informativo sobre la resolución de problemas de impuestos.

El taller que será impartido en español, está dirigido a contribuyentes que tiene algún caso existente con el Servicio de Rentas Internas, IRS, ya sea de colección o acuerdo de pagos, auditorias, apelaciones, robo de identidad, que necesiten representación en la corte de impuestos o tengan preguntas sobre su devolución de impuestos, de individuales o negocios.

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