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Tax Issues and Resources Relevant to Legal Aid Attorneys and Clients
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Tax Issues and Resources CEP Tax Clinic General tax issues Tax issues related to: -divorce & domestic violence -custody -immigration -employment law -consumer law Our services
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CEP Tax Clinic A program of the Center for Economic Progress Representation, advice and outreach on individual income tax controversies with IRS and IDR All clients are within 250% of the poverty level We serve > 5000 taxpayers annually We serve taxpayers statewide One of 150 clinics across the country
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General Tax Issues Who must file a tax return? -income, filing status, age -nonresident aliens -self employed Who else may benefit from filing? -taxpayers with dependents
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General Tax Issues Tax return preparation -self preparation -VITA -tax professionals -seasonal tax preparation offices CEP VITA -25 communities statewide -January 22- April 18
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Divorce and Domestic Violence Innocent spouse Injured spouse
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Custody Under qualifying child rules custodial parent claims dependent benefits Child support irrelevant Noncustodial parent access to dependent benefits: -Form 8332 -Judgment or agreement and signed statement (for pre 2009 agreements) Tie breaker rules
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Immigration Who is a nonresident alien under the tax code? Filing requirements for nonresident aliens Tax information is not shared with BCIS ITINs Refunds can be obtained even if SSN/ITIN mismatch exists
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Employment Law Misclassified workers -Form SS-8 Recordkeeping for sole proprietors -written records of income and expenses: a must -receipts: keep and organize -formal ledgers: ideal but unnecessary
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Consumer Law Levies: IRS/IDR can garnish: -paychecks: vast majority (formula based) -bank accounts: all funds -social security: 15% (IRS only) -but not unemployment benefits ID theft -typical scenario: ID thief working under another taxpayer’s SSN; IRS reassesses victim’s taxes using additional income earned by thief -all victims should review their IRS records
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Consumer Law Liens Debt cancellation -general rule: cancelled debt is taxable -exceptions: a) insolvency b) certain mortgage foreclosures
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Our Services All of our services are available statewide Full representation -clinic staff and interns or pro bono attorneys Brief advice -by phone or in person -we review documents, contact IRS as necessary and create a step by step resolution plan -available to all taxpayers, regardless of whether they qualify for representation services
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Our Services Referrals -VITA -community service organizations -IRS/IDR Outreach -ITIN events -fairs/ other tabling events -presentations -trainings
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Contacting Us Practitioner questions: Tax Clinic Manager 312-630-0255 Client referral: Tax Clinic Help Line 312-630-0241 Center for Economic Progress 312-252-0280 www.economicprogress.org
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