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In order to offer better prices to customers, Sprint has allegedly under-collected and underpaid New York State sales taxes by $100 million. If the Attorney General’s allegations are true, Sprint could end up owing the state government as much as $300 million or more due to underpayment penalties. Sprint is denying the charges, claiming they’ve paid all taxes as legally required to do so.

The Attorney General, Eric Schneiderman, recognizes that if the suit is successful and Sprint must pay the penalty, it would be difficult for customers to escape the downstream effects. Just like any business, if Sprint is faced with an unplanned expense, they’ll need to come up with the difference elsewhere. That’s where customers who pay for services can help. Schneiderman says he wants the company, not the customers, to cover the cost of paying the back taxes.

That money is going to have to come from somewhere, however, and it’s not going to come from a reduction in executive salaries. While the Attorney General might have good intentions and companies should not be able to get away with deliberately and knowingly cheating on tax reporting, collection, and payment, I don’t see any way where the “company” can be penalized without hurting customers, shareholders, and employees.

Shareholders are already hurting; as of writing this article, the stock price is already down more than 4 percent. $300 million is a significant expense, even for a company that earned a revenue of $33.7 billion last year. The company actually didn’t profit on paper in 2011, and that certainly makes a $300 million fine sting more.

If a company over-collected and overpaid taxes, customers would be calling for refunds. A class action lawsuit would demand restitution. In this hypothetical situation as well as the actual lawsuit Sprint faces for underpayment, the set of customers is the unintentional third party of fraud. In both cases, the customer ends up suffering in the long run. Class action lawsuits barely benefit customers. The lawyers seem to do well, though.

In Sprint’s statement, the company claims they’re protecting their customers:

… [W]ith this lawsuit, the attorney-general’s office is claiming New York consumers, who already pay some of the highest wireless taxes in the country, should pay even more. We intend to stand up for New York consumers’ rights and fight this suit.

I find it hard to believe that any for-profit company has any interest in “standing up for consumers’ rights.” If Sprint doesn’t like the tax laws, they should do what all companies do: lobby for tax law changes that benefit them more. Of course, that wouldn’t work, because then Verizon Wireless and AT&T could also benefit from lower taxes. If the allegations are true, the company’s actions have nothing to do with Sprint’s defense of lower taxes for consumers. It’s about using any tactic possible, even illegal, to fight in a competitive market.

Give me a break. Does anyone really believe corporate marketing-speak?

Are you a Sprint customer? If so, did you choose Sprint due to their lower monthly service fees? Would you remain a customer if the fees increased — a likely result of this lawsuit, whether successful or not?

Financial Times

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The more money you have, the more likely you are to cheat on your taxes. The rich have more opportunities to try to hide assets and income from the Internal Revenue Service, particularly through offshore bank accounts. In the United States, banks are required to report income earned by their customers on savings and investments. Many taxpayers are familiar with the 1099-INT and 1099-DIV forms for interest earned and dividends respectively. The I.R.S. can somewhat easily match the 1099 forms provided by banks with the 1040 income tax return forms filed by taxpayers to find discrepancies.

Banks located outside the United States, depending on their local laws, may not be required to provide this information fully to the United States government. Thus, the I.R.S. might not know if a taxpayer is earning money in an offshore account, making it easy to “forget” to include that income when filing taxes. Of course, this is fraud, and a bad idea.

The government is getting better at convincing banks located in tax havens to comply with I.R.S. requests for information about customers who happen to be taxpaying citizens of the United States. UBS, the largest bank in Switzerland, has ended its offshore “secret” banking service in Switzerland as a result of a settlement of a federal investigation. And this year, the I.R.S. is requiring certain taxpayers to file a new tax form, Form 8938, disclosing offshore assets and income.

Here are the certain taxpayers who must file this form:

  • Unmarried taxpayers or married taxpayers filing separately living in the United States whose total offshore assets at the end of the year total at least $50,000 or whose offshore assets exceeded $75,000 any time during the year. Married taxpayers filing jointly living in the United States have thresholds that are double the amounts for unmarried taxpayers.
  • Taxpayers living abroad whose total offshore assets at the end of the year total at least $200,000 or whose offshore assets exceeded $300,000 any time during the year.

Taxpayers who are otherwise not required to file an income tax return are not required to complete this form, either. The guidelines for determining who must file Form 8938 and which assets to report can be a bit complicated, so it’s best to read the rules from the I.R.S. and speak to an accountant familiar with the new law for advice.

The penalties for incorrect information of Form 8938 are steep, and even small errors can result in significant fines. Failure to file the form when required to do so can result in a penalty of $10,000, and if you continue to ignore requests from the I.R.S. to file, the penalty can reach $50,000. Even if you live offshore and your country has a law preventing you from disclosing your financial information to the United States, you can’t avoid the reporting requirement and penalties. If you file the form but underpay your taxes even due to an error on Form 8938, you will be charged a penalty of 40 percent of your underpayment.

If the government can show you committed fraud in underpaying your tax, the penalty will increase from 40 percent to 75 percent of your underpayment. Those penalties are additional to paying what you do owe, according to the I.R.S., plus interest.

The I.R.S. is also threatening criminal penalties for taxpayers who fail to file Form 8938, fail to disclose all offshore assets, or underpay their taxes.

If you look at Form 8938, you will see that reporting requirements for offshore assets and income are different than requirements related domestic bank accounts and investments. In general, you only need to report income from domestic bank accounts and investments, but with offshore accounts, the I.R.S. wants to know the value of your assets, not just your income.

As David Jolly points out in The New York Times, the information you report to the I.R.S. on Form 8938 duplicates a separate reporting requirement. Taxpayers who have more than $10,000 in offshore bank accounts must already file a Report of Foreign Bank and Financial Accounts (FBAR). The FBAR is used by the United States Treasury to identify money laundering and terrorism funding, so the I.R.S. is already receiving some of the information it needs. Form 8938 ties this information to taxpayers’ income tax returns. If the government decides to use the information filed on the FBAR to cross-check the information included on Form 8938, it could potentially identify more income tax evaders.

New York Times

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Do you lie to your spouse or significant other about money?

Money may be one of the most popular issues causing strife in a relationship, but deeper issues are usually communication and values. Lying about money is one way to ensure that a relationship will fail over time, but for most people, small, occasional lies do little harm and help to ensure a smooth coexistence. According to a 2010 survey, 80% of married people keep some secrets from their partners about money.

When it comes to frivolous spending, many people don’t want to tell their partner out of embarrassment or because they know that it might start an argument due to a clash of values. 24% of husbands and 43% of wives lie about spending on clothing and accessories, 19% of men and 8% of women lie about spending on alcohol, and 12% of men and 21% of women lie about spending on gifts.

If a couple doesn’t agree on some ground rules, selfish spending can become an issue when it is inevitably discovered. Different couples have different approaches to managing household income and expenses.
When relationships decide to combine finances — or to keep finances separate — setting some ground rules can help.

CoupleIn some states, marriage automatically combines finances from a legal standpoint. While a couple could decide to keep their finances separate, according to the law, all involved money, assets, and debt is owned and owed equally by each partner. The decision has been made for you in terms of the law, but you could still choose to operate finances separately for practical reasons.

If a couple decides to keep finances separate, implicit in this decision is for each partner to allow the other to make decisions with their own money, even if it affects the other partner. Perhaps one ground rule is necessary: keep your partner informed of anything that might affect the other. For couples who agree to keep finances separate, trust inherent must be strong.

For couples who decide to combine finances, the ground rules will be more involved.

1. In two-income households, each partner should contribute to shared expenses fairly. To contribute “fairly” can have different interpretations, so couples should decide what that means. For couples with roughly equal income, it could be fair for each partner to contribute exactly half of the rent or mortgage payment to this particular bill. It could be fair for each to dedicate half of the cable bill and other utility bills.

For a couple with widely divergent incomes, it might make more sense for each partner to contribute a percentage of his or her income to each expense, so the bills are paid according to the ratio of one person’s income to the other. If one partner earns $150,000 per year and the other earns $30,000 per year, should they both need to contribute $1,000 a month to the mortgage payment? It might make more sense if the partner earning more contributes $1,667 and the lower-income partner contributes $333 per month.

2. Each partner should contribute to shared savings. According to his or her ability, some remaining income should be saved in a high-yield online savings account. Whether each partner contributes the same amount or the same percentage of his or her income, both partners should agree on the importance of saving money for future flexibility and financial independence as well as saving for emergencies.

3. Have a debt repayment policy. More often than not, one person enters a relationship with more debt than the other. Decide whether paying off pre-relationship debt is a responsibility of the entire couple or just the individual who brought it in, and debt repayment should be a prioritized goal. Any debt accrued since the combination of finances should be considered joined debt, in line with the ownership of all finances. Debt payment, like all expenses, could be divided equally or by the best of his or her ability to pay back based on income.

4. Do you need a prenuptial agreement? This is something a couple should decide before getting married. There is a stigma with these agreements, and they shouldn’t be used for one partner to establish financial control over the other. Many people would simply be offended if their partner asked them to sign such an agreement, but for a business owner, prenuptial agreements can protect the business and shareholders would expect the owner to take all precautions to do so. If one person wants to sign an agreement and the other does not, there could be a barrier of trust on both sides of the relationship.

5. Set up a Fun Fund and don’t ask questions. If income and cash flow allow for it, even a couple who combines finances could benefit from each partner keeping small, private savings accounts. These can be used for spending on some items that the other partner might judge as frivolous, like hobbies or clothing. It’s also a great opportunity for spending on gifts for the other, as spending from a private account is the only way to surprise your partner. The Fun Fund should be a place where you can have the freedom to spend as you see fit without affecting the finances of the relationship.

Of course, the ability to keep a private fund relies on the strength of the relationship. Each partner must be able to trust the other. If you feel your partner may be cheating on you, it may be difficult to allow even a portion of spending to be undisclosed.

6. Stick to a budget. For a single person, a budget can be simple to follow. Expenses are relatively well-defined, and income can be, too, in most jobs and career paths. Adding a new person to the mix, as is the case when a couple combines finances, is adding another variable. A flexible budget can help a couple feel free to spend on what they want after the needs are covered, and in tight situations, can allow couples to borrow from themselves to cover the necessities. A couple who combines finances should agree to stick to the plan.

7. No lying about finances that affect the relationship. The Fun Fund allows for expenses that don’t fit into the couple’s financial plan. That should alleviate the necessity for the small lies that happen when one partner doesn’t want to admit to a financial decision for fear of disappointing the other partner or starting an argument. Keeping the Fun Fund relatively small means that spending in this fund shouldn’t affect the overall relationship and should prevent one partner from single-handedly making a decision that causes trouble. Still, with both partners having access to the couple’s money, there’s an opportunity for lying. By setting a ground rule to avoid this practice, couples would discuss the important spending decisions in advance and learn how to agree on the important financial values, like saving for retirement, paying for a child’s education, or supporting an elder relative.

What other ground rules do you or would you set with your partner?

Money Magazine

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College graduation like when you beat Ganon, the resilient bad guy at the end of the classic video game, The Legend of Zelda, for the first time. You’ve been through many levels of challenges, perhaps even used a few “cheats” along the way, and did anything necessary to grow your knowledge and skills, many of which were necessary for the final test of strength.

You’ve saved Princess Zelda and were rewarded by watching one final scene and reading the names of computer programmers as they parade up the screen. You were relieved that your journey was finally complete, but before long, you realized there was more to the game.

Suddenly, you were presented with the option to begin your next journey. Your character, Link, displayed a new sword to indicate the completion of the first journey. This newly brandished sword is like your degree. With your degree in hand, it’s time to face a new world, one that is uncharted. (The map to this “second” Zelda adventure did not come with the video game.)

After graduation, it may take a moment for some to realize that you are now in control of your life and the decisions you make can have a profound effect on your future. Here are some ideas to help you, the graduate, make solid financial decisions.

1. Actively manage your expectations. You may have friends who have already graduated. They’ve provided you with endless entertainment as they talk about the “real world.” By now, you will have heard about new cars, new houses, new weddings, new kids, new relocations, new implants, and new gardeners, and you’re looking forward to sharing similar experiences.

With jobs, they have been receiving a steady income, probably sizable, and have been spending their money almost as quickly as they have been earning it.

Actually, they have probably been spending their money faster than they have been earning it, but that piece of information will be curiously missing from their stories. What your friends didn’t tell you about is debt. Ask them about their retirement plan and IRA. Ask them about their budget. You’ll likely receive blank stares, and not just because you’re being a stick in the mud.

It’s best to ignore these types of stories because the danger comes when you expect that this is how one must live life as an adult. This is actually quite expensive and detrimental to your future. By managing your expectations, you won’t be disappointed when you can’t find a management position earning $100,000 with no experience right out of college, even if your friends tell you that’s what you should look for. You won’t be disappointed when you have to settle for sharing an apartment with several strangers or moving back in with your parents until you are able to afford your own bills and establish an emergency fund.

Simply, don’t try to keep up with the “Joneses.” This hypothetical family’s perceived wealth is mostly an illusion and it’s best to focus on yourself rather than others.

2. Choose your first job carefully. Your first job sets the tone for your future earning power, particularly if you expect to stay in the same career until retirement. Earning more in your first job out of college not only allows you to save more and be flexible with your budget, but it also makes it easier to negotiate better salaries when future opportunities arise.

That being said, don’t select your first job with money as the solitary driver. It’s quite possible that the path you’ve chosen starts out without much opportunity. If the job that interests you is not in high demand, then you will have to settle for what is available. Like a professor told me as I was pursuing music education in college, “If there’s any other career that could possibly make you happy, consider changing majors.” If you are pursuing your calling, be prepared for a bumpy ride as you progress, mentally, physically, emotionally, and financially.

3. Pay off debt. Many college graduates leave school with credit card debt. While in school, education is your first priority, so depending on your course load’s aggressiveness, you may not have had a job. However, you still had expenses, and your parents may not have provided for you. This is perfectly normal, but it must be attended to immediately.

Unless you are starting in an industry where image is important, it’s time to pay down your debt. With newfound income due to your first job, put any available funds into paying off your credit card balances, and do not add new credit card debt under any circumstances. The debt avalanche is the most mathematically pleasing solution to paying off credit card debt.

Chances are you have student loans to pay off as well. Consolidate these when possible to take advantage of lower rates, but don’t slow down your repayment. You may decide to get your master’s degree, and it’s best to do so without compounding more student loan debt.

4. Automate your savings. Automation is the key to creating habits without having to change your behavior much. If you have a new job and your employer is somewhat familiar with twenty-first century technology, they will have direct deposit available. This will allow you to deposit your paycheck directly into a checking or savings account (and a high-yield savings account is preferable).

From the savings account, you can decide how much you need for spending money each week and how much you need to pay your bills each month. Transfer only what you need and leave the rest in the account earning interest. Work with your bank to create instructions for these transfers so they take place automatically.

This is probably the biggest component of building an emergency fund.

5. Investing basics: Open an IRA and 401(k). Once you’ve automated your savings and are in control of your bills, you may have noticed you have money left over. Rather than buying a new car for $4,000 down and monthly payments of $300, you started with a used car for $8,000. With your saved payments, you can open a Roth IRA to take advantage of what will probably the lowest interest bracket you’ll ever be in.

If your employer offers a 401(k) or its cousin the 403(b), take advantage of this option as soon as possible. In many cases, companies offer “employer matching” contributions; for example, for every $1.00 you contribute, your company may thrown in an extra $0.50, you to one-eighth of your salary. This is free money, and you should accept it without question. Invest in your 401(k) at least to the limit of your employer match.

Your 401(k) may have some confusing options. If an index fund is available, that should be your first choice. Otherwise, your company may offer an automatic rebalancing plan based on your age or years until retirement, or a mutual fund that does the same. That may be a good choice for the novice investor.

6. Develop a plan, but be flexible. Your friends’ stories were missing something. While they spoke of all the exciting things they are buying and doing, they didn’t mention to you where they’d like to be in 5, 10, 25, or 40 years. Perhaps they have some vision of what their future might hold, but they don’t have a plan, something that will explain how they will get to that point.

If you haven’t already, decide where you want to be with your life in the short-term and the long-term. Think about not just the size of your bank account, but about all aspects of your life. For each goal, determine what you will need for its achievement. This doesn’t have to be exact, and without much experience in the workplace, you shouldn’t expect it to be.

Now that you have your plan, expect obstacles preventing you from reaching your goals, but also expect things that will require you to change your expectations, much like the first point above. It is said that people fall in love when they least expect it. Suddenly your own plans must incorporate someone else’s. It’s important to be flexible, because life has a habit of finding its own course.

7. You only live once. It’s important to think about the future and make the wisest financial decisions. But this is your life, and it’s the only one you get. Balance your future plans with making the most out of today’s experiences. Remember that money isn’t the most important thing in the world, but it does let you do some amazing things.

If you enjoyed this article, please share it with your friends and other college graduates close to you by passing it along.

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Paying Children for Good Grades

by Flexo

I always encourage parents to find interesting ways to teach their children about responsible money management. When I do, I always lean toward behavior modeling. Children who, even at an early age, see their parents engaging in a positive relationship with money will subconsciously take what they observe to heart more than any explicit lessons ... Continue reading this article…

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When Can You Lie About Money to Your Spouse?

by Flexo
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The National Endowment for Financial Education (NEFE) has concluded through conducting an online poll that 31 percent of people who combine finances with their spouse or partner have been deceptive about money with the individuals who trust them. Some lies are more hurtful than other lies, so the study looks at the type of financial ... Continue reading this article…

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4 Ways to Retire Early by Cheating

by Flexo
GMC Motorhome

Save for the last few years, the extreme early retirement movement was gaining momentum. If the American Dream was homeownership, saying, “See you!” to your boss with a more colorful word choice was the American Daydream. Who wouldn’t want financial freedom at age thirty, spending the best years of one’s life doing only what they ... Continue reading this article…

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Running in the Snow

by Flexo

One of my goals for 2011, like most people who make New Year’s resolutions, is to lose weight. Earlier this week, I started a training program that will lead me to be able to finish a 5K. To track my progress and to assist with training, I’m using an application for my phone, RunKeeper. RunKeeper ... Continue reading this article…

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