Archive for the 'Economy' Category

The Economic Stimulus Payment Schedule As Announced By The IRS

Tuesday, March 18th, 2008

After much online speculation and rampant rumors about the economic stimulus payment date, the Internal Revenue Service (IRS) has finally cleared up the confusion and released the official economic stimulus tax rebate payment schedule. You can read the IRS timetable announcement on its website (view IRS news release).

The IRS has announced that it will begin sending more than 130 million economic stimulus tax rebate payments starting May 2, 2008. Those who chose to receive their 2007 tax refund payments via direct deposit will get priority in receiving their stimulus tax rebates. Those who chose to receive their tax refund payments via regular postal service will receive their tax rebate checks in mid May, after the initial wave of tax rebate payments have been sent to those who chose the quicker direct deposit option.

Tax Rebate Receiving Order Will be Based On Social Security Number

The order that the tax rebate checks will be sent out will be according to the last 2 digits of the Social Security Number (SSN) used when you filed your federal tax return. Please examine the stimulus payment chart below to determine when you will be receiving your tax rebate. As the IRS noted on its announcement, because the order will be based on the numerical order of Social Security Numbers rather than by name or household, there is a high possibility that neighbors, family members, and friends may not receive their tax rebate checks at the same time.

The Official Economic Stimulus Tax Rebate Payment Schedule - (for Federal Tax Returns Received and Processed by April 15, 2008):

Direct Deposit Option:
If the last two digits of your Social Security Number are: Your economic stimulus payment deposit should be sent to your bank account by:
00 – 20 May 2
21 – 75 May 9
76 – 99 May 16
Paper Check Option:
If the last two digits of your Social Security Number are: Your check should be in the mail by:
00 – 09 May 16
10 – 18 May 23
19 – 25 May 30
26 – 38 June 6
39 – 51 June 13
52 – 63 June 20
64 – 75 June 27
76 – 87 July 4
88 – 99 July 11

How To Make Sure You Get Your Tax Rebate Check

If you want to get your tax rebate check sooner, you should make sure to elect the direct deposit option if you haven’t already done so. Secondly, you should make sure you file your 2007 federal tax return by the April 15, 2008 deadline. If for whatever reason your tax return is filed after April 15, you should receive your economic stimulus payment about two weeks after receiving your tax refund. For those requesting filing extensions, if you want to receive your tax rebate by the end of this year, you must file your tax return by October 15, 2008. To accommodate people whose tax returns are processed after April 15, the IRS has indicated that it will continue sending weekly payments even after the end of the above schedule.

As I indicated in my 2008 Tax Stimulus Rebate commentary article, if you are already in bankruptcy or have tax liens for delinquent or outstanding debts such as – unpaid student loans, child support, or tax obligations, all or part of your economic stimulus payment may be withheld or intercepted. The IRS has indicated that it will send a letter to the taxpayer explaining the tax rebate offset, if any.

How Much Will My Economic Stimulus Payment Check Be?

Explanations and detailed answers to your tax rebate questions can be obtained by viewing the official IRS publications and announcements on the matter. Here are some links to official IRS answers to tax rebate questions, where most of the commonly asked questions are addressed. The more complicated and issue-filled tax rebate questions relating to Chapter 7 and Chapter 13 bankruptcy filings have been winding up as comments on my tax rebate article. I will continue answering them to the best of my ability based on my legal experience and knowledge on the matter. However, while my comments may be construed as general background information, they should not be blindly followed as definitive legal advice. Remember to always perform your own due diligence and research.

Searching For Answers To Frequently Asked Questions About Your Tax Rebate Check

Thursday, March 6th, 2008

Updated – The IRS has released the official 2008 Economic Stimulus Payment Schedule.

Also, read about the prospects and chances of an Obama stimulus check for 2009.

Based on the substantial traffic and comments I’ve been receiving for the article I wrote explaining and breaking down the details of the 2008 Stimulus Rebate Package, it’s clear that everyone in the United States is concerned about their rebate checks. Everybody wants to know how large their own tax rebate check will be and when they can expect to receive it.

There are many questions to be answered and I’ve been trying my best to respond to them all. While most questions have been straightforward, others have been slightly more complicated with issues relating to Chapter 7 and 13 bankruptcy filings, or issues relating to wage garnishment and student loan liens. But I will continue to do my best to answer your flurry of tax rebate comments and e-mails.

Visit The IRS Website For The Official Source Of Tax Rebate News and Updates

While I can’t necessarily state that all answers that I provide are definitive, I do try my best to answer accurately based on research and reasonable information. One thing I have noticed is the vast amount of misinformation and speculation that is available on the internet. There seems to be much conjecture and rumors surrounding the tax rebate, particularly as it relates to timetable and the order that the checks will be sent out. I wish to remind readers that the only definitive source for tax rebate news and updates is the official IRS Economic Stimulus Payments Information Center (official website). There, they’ve done a pretty decent job of addressing the seemingly endless stream of tax rebate inquiries, even providing answers to popular tax rebate questions (Tax Rebate FAQ). The IRS tax rebate website provides stimulus check payment hypotheticals and answers questions pertaining to Social Security recipients and veterans living on disability. They post updates regularly and understandably so. Here’s a quick link to some of the official tax rebate questions and answers for various filing scenarios:

  1. Single without children
  2. Head of Household, with children
  3. Married, with children
  4. Married, without children
  5. Married Filing Separately, with or without children

Here’s the official information release for recipients of alternative types of income:

  1. Recipients of Social Security Retirement Income or Disability
  2. Recipients of VA Benefits, Disability, or Survivor Benefits

If you still have unanswered questions, please continue to post comment questions to my original Bush Tax Rebate article. I will try my best to diligently answer each one as best as I can. Keep in mind that while I do have a legal and financial background, you will be best served asking your own tax professional or hired attorney the more substantive tax and legal questions, particularly when it relates to more delicate legal issues surrounding bankruptcy and liens. My informal opinions should only be viewed and regarded as general background information rather than seen as authoritative financial advice.

Positive Comments About Living In A Litigious American Society Obsessed With Filing Lawsuits

Wednesday, March 5th, 2008

As one who used to practice law as an attorney, I’ve only had a smattering of exposure to ambulance chasing – the layman’s term for legal work that embodies mostly straight forward and very lucrative personal injury type cases. However based on the exposure I’ve had, I still retain some pretty strong opinions in counter response to persistent public calls for handicapping the wheels of litigation and placing caps on large damage awards.

Much of this anti-lawyer sentiment is based on mainstream public mistrust of trial attorneys and the work that they do. While I agree that our population has evolved into a society a bit too obsessed and even paranoid about lawyers and lawsuits, I think the passionate furor and lemming-like disdain of litigation beguiles its importance as one of the key cornerstones of what makes our country so democratic and free. Lest we forget, it is because of our pro-litigation society that our businesses and services have been able to consistently deliver such quality and corruption free excellence. Not all of society and the business world will forever remain pure and blameless, but should their actions harm or damage any person or entity, we as Americans can always rest assured that the offending parties will be held accountable. No where else in the world is there such a reliable guarantee in place.

A Pro Litigation Society Protects Quality and Advances Our Individual Rights and Freedoms

I frequently hear and read about writers and individuals who like to complain about lawsuits and denounce those who file claims for substantial amounts of money that the writer deem as frivolous. In my opinion, such genuinely frivolous causes of action would ultimately be summarily dismissed by the presiding judge of the case. But before that can happen, everybody must be able to have their entitled day in court. Thereafter, if the suit was initiated without merit or the reasonable likelihood of success, there are counter fines and sanctions available to punish the plaintiff for wasting the court’s time.

Many people like to blame greedy individuals and sleazy lawyers for filing frivolous and wasteful lawsuits. I agree that there are some wrongfully filed claims out there, but the majority are legitimate and in pursuit of damages for legitimate redresses of injury. I think most people in the United States would boldly state that they are against lawsuits – that is, until it is their turn to sue somebody. If the God forbid day should ever arrive when an uninsured business van driver negligently slams into your car, permanently rendering a close family member paralyzed for life, you’ll be glad we don’t live in a society where they tell you to just brush it off and let it go. You’ll be glad we live in a nation where you can personally seek the court’s protection to compensate you and your family member for your injuries and to ensure it never happens again. It is not above revenge, but about justice and fair play.

Without the developed and reliable ability to file individual lawsuits, as citizens, we would be powerless to effect positive societal change beyond begging and lobbying our own governmental representatives to legislate the law in our favor. Living in a litigious society is actually empowering for the lowly individual. It is by this developed common law system of precedence and judicial resolution that has compelled American businesses to become the most safe and reliable in the democratic world.

In the infamous McDonald’s millionaire dollar hot coffee case, a woman accidentally spilled hot coffee on her lap while waiting at a McDonald’s drive-thru and badly burned herself. Although the case seemed trivial and common-sensical, the case set the precedent for more improved temperature safety warnings and control. When we buy American products and utilize the services of American doctors today, we have very high expectations of quality and competence. It’s easy to blindly blame the unrepresentative pool of greedy lawyers out there, but remember, it was the successfully litigated precedents set by the product defect and physician malpractice test cases that made our system so driven towards fighting wrongdoing and rooting out faulty products. It’s not a perfect system, but it’s the best we’ve got for our large diverse population.

Money Is How Our Civilized Society Settles Disputes

This is no longer the wild wild west. When you have a problem with someone, when your personal property is damaged, or when you are injured due to someone else’s negligence, you don’t attempt to duke it out through hand to hand combat or resort to one-on-one pistol duel challenges anymore. More modern and civilized methods of dispute resolution have developed and evolved – culminating into a common law adversarial legal system that centers around the recovery of monetary damages. The reason why we always hear about plaintiff individuals filing lawsuits for money is because money is the primary medium of recovery that our legal system permits. Sometimes when monetary damages is insufficient, the court will permit specific performance or injunctive action, but in the vast majority of cases, the mode of redress is by forcing the losing defendant to pay the plaintiff.

The reason why recovery damages sometimes soar into the millions of dollars is because other than compensatory damages designed to put the plaintiff back in the same position he would have been in had the injury never occurred (thereby “making him whole”), courts sometimes grant additional punitive damages on top of that. These type of punitive or treble damages are usually extremely high, and designed with punishment in mind. In one case I read about, a defendant was found by the court to be liable for intentionally setting his neighbor’s cat on fire and burning the kitty to death. The court awarded a mere $200 of actual damages for the cat, regarded as personal property, but slapped something like an additional $5,000 of punitive damages to punish the defendant for his outrageous action. This is what justice is all about and the type of grievances our pro-litigation society was meant to protect.


Breaking Down The Details Of The 2008 Economic Stimulus Plan and Your Tax Rebate Check

Tuesday, February 12th, 2008

Update: Read About The Possibility Of A 2009 Second Stimulus Check

With both the U.S. House of Representatives and the Senate having nodded their respective approvals of the nearly $160 billion economic stimulus package (that’s “B’ as in Billion), the bill has finally been signed, sealed, and delivered to President Bush for final approval. The President has already indicated that he will quickly sign the economic aid into law – so I believe the rebate checks will soon be on their way to a mailbox or direct deposit account near you.

I shall try to explain how the 2008 economic stimulus package will work and how much you can expect to receive in the way of a rebate check.

1) Why Are We Getting A Tax Rebate Check?

The Tax Rebate Check is part of the U.S. government’s emergency pro-growth economic stimulus plan to prevent the U.S. economy from stalling out and entering a period of prolonged recession. Due to the recent slowdown in the economy caused by housing bubble problems and subprime mortgage related issues, the federal government wants to keep the economy on the up and up by putting money into the hands of U.S. consumers to encourage increased consumer spending. Like jump starting a car, the government wants to hand consumers extra wads of cash to encourage increased business investment and consumer activity. Surveys have indicated that at least half of consumers intend to use the money to pay down existing debt, while the other half intends to either save or spent it on extra things. Personally, I plan to save my economic stimulus check if I qualify for one. While the stimulus plan also provides some business incentives, I will only focus on the consumer side tax rebate checks at this time.

2) How Does Qualifying For And Receiving A 2008 Tax Rebate Check Affect And Relate To My 2007 and 2008 Tax Returns?

The economic stimulus tax rebate is counted as a tax credit against your future 2008 tax bill. However, you are entitled to the full qualified rebate amount when you file your 2007 tax return by the April 15, 2008 deadline. Qualification to receiving it now will be based on your 2007 income information. Taxpayers should not be concerned that the tax rebate is only a mere future credit that has been accelerated into the present in terms of timetable. The economic stimulus tax rebate is a true credit for qualified taxpayers (free money essentially). The rebate amount that you receive now will not be used to offset any of your future income tax bill or any anticipated refund checks from filing your future 2008 tax return on April 15, 2009.

The economic stimulus plan is flexible and permits taxpayers to either file their tax return on April 15, 2008 and get their rebate checks now (the preferred route), or wait till April 15, 2009 to file their 2008 tax return and get their rebate checks then. Note that even if you file now and qualify for a rebate check, and your status changes and you become eligible for a larger rebate when you file your 2008 tax return next year, you can still claim the positive difference at that time. In addition, you will not have to give back any rebate money already received even if your status change causes you to later qualify for a lesser amount for tax year 2008 when you file in 2009.

3) Who Will Get A Tax Rebate Check and How Much Will I Receive?

The economic stimulus tax rebate checks are intended to go into the hands of low to middle income Americans (those who are supposedly more inclined to spend them immediately). Thus while most ordinary taxpayers will qualify for a stimulus check, those who make a lot of money are likely to be partially or fully phased out of receiving a rebate.

The amount of your tax rebate will be based on your 2007 federal income tax return’s adjusted gross income (AGI), which is not just your annual salary. Your AGI includes all income sources including wages, salaries, tips, interest, alimony paid to you, and dividends, offset by any specific business, or capital gains or losses – but it does not include the personal exemption, or any standard or itemized deductions. You are entitled to receive the full rebate amount unless your adjusted gross income exceeds a certain threshold, in which case you will either receive a reduced rebate or be entirely excluded from receiving one at all if your income is simply too high. However, the economic stimulus package is intended to cover many people and nearly 130 million Americans are expected to qualify for at least part or all of their entitled tax rebate check.

The proposed plan that is expected to be approved will provide one time check rebates of up to $600 for individuals or $1,200 for couples, along with an additional $300 for each child (classified as dependents under the age of 17). Low income people, including retirees on Social Security or Veterans disability benefits who earned at least $3,000 will receive checks of $300. Low to middle income people including retirees who made enough to pay taxes will receive higher tax rebates up to their net tax liability, limited only by their AGI. But so long as you paid taxes and made ($3,000 or more a year but less than $75,000 as a single individual), or ($3,000 or more, but less than $150,000 a year as a married couple), you will be entitled to the full tax rebate check.

If you exceed the adjusted income threshold, you may still get a rebate, but it will be reduced by 5 percent of the amount you earned above the adjusted gross income limits of $75,000 for single filers and $150,000 for couples. Thus for example: A single filer with no children and an adjusted gross income of $80,000 ($5,000 over the limit), will see his or her rebate check reduced by $250 (5% of $5,000), and will receive a check for $350, instead of the full $600. Rebate checks will phase out completely for single filers who earn over $87,000 and for couples who earn over $174,000.

Single Individuals (AGI)
Qualify For A Rebate Check?
Less Than $3,000 (must be earned income)
No
($3,000 – $75,000), but DID NOT pay taxes Yes – $300, plus extra for each child
($3,000 – $75,000), but DID pay taxes Yes – $600, plus extra for each child
(Over $75,000 – $87,000) Yes – But for income that exceeds $75,000, your rebate will be reduced by 5% (in $1,000 increments), plus extra for each child
Over $87,000 income Maybe – You have been phased out, but can still get rebates for your child
For Each Child You Have Additional – $300 per child
Married Couples (AGI)
Qualify For A Rebate Check?
Less Than $3,000 (must be earned income)
No
(3,000 – $150,000), but DID NOT pay taxes Yes – $600, plus extra for each child
($3,000 – $150,000), but DID pay taxes Yes - $1,200, plus extra for each child
(Over $150,000 – $174,000) Yes - But for income that exceeds $150,000, the rebate is reduced by 5% (in $1,000 increments), plus extra for each child
Over $174,000 income Maybe – As a couple, you’ve both been phased out, but can still get rebates for your child
For Each Child You Have Additional – $300 per child

4) Who Is Excluded From Receiving An Economic Stimulus Rebate Check?

If you are a single individual who earned more than $87,000, or if you are a married couple that earned over $174,000 for the year, you are likely excluded from receiving a rebate check, unless you can otherwise claim any extra child rebates. Keep in mind that the child rebates can also be phased depending on how much your adjusted gross income exceeds the income threshold.

If you’re a young college student who had earned income for 2007 but are claimed as a dependent under your parent’s tax return, you are ineligible for the tax rebate as well.

Under the Senate approved proposal, illegal immigrants will also not be eligible to receive tax rebate checks for obvious reasons.

5) What Do I Have To Do To Get My Tax Rebate Check?

To get your tax rebate check now, you must file your 2007 federal tax return (either a form 1040 or 1040 EZ) by the April 15, 2008 filing deadline. Or you can wait until April 15, 2009 to file your 2008 tax return and obtain it then (although, why would you want to wait until then?). I recommend using a low cost online tax preparation program such as Turbo Tax or Tax Cut to assist you (both are reasonably priced and provide accurate results). Even if you don’t usually file a tax return because you don’t earn enough to owe taxes like some retirees or veterans on disability, you will still need to file a 2007 tax return in order to receive the economic stimulus check.

6) When Can I Expect To Receive My Tax Rebate Check?

The Internal Revenue Service (IRS) intends to start issuing the rebate checks starting May 2008 to qualified recipients who properly and timely submit their tax returns by the April 15, 2008 filing deadline. If you miss the annual tax filing deadline or request a filing extension, it is possible you won’t receive your rebate check until the end of the year (thus I suggest you file by April 15, 2008 – mark it on your calendar and circle it!)

7) Where Can I Get More Information About The Tax Rebate?

To get official answers to your tax rebate concerns and queries, you should check the official IRS website link on the subject. Please take a look at my post on obtaining official Answers To 2008 Economic Stimulus Questions. For an unofficial response however, you can try posting your comments or questions here.

Updated Note: The IRS has released the official Economic Stimulus Payment Schedule.