What’s in a name? What’s the big deal about your identity? So what happened to make me want to talk about this subject? xxxx Recently, I was traveling on business and invited my husband to join me. Since my trip was for business, my expenses were deductible. My husband’s trip was not for business, it was for his pleasure; therefore, his expenses were not deductible. Some of you may have a spouse that also works in your business. If so, your spouse’s expenses may or may not be deductible. xxxx Our travel involved flying from Phoenix to Chicago and then back from Chicago to Phoenix. Phoenix Sky Harbor boasts to be one of the friendliest airports. Chicago’s O’Hare is also a great airport, but let me tell you about our adventure with our Transportation Security Administration, TSA. xxxx I understand the agents at TSA have an important job to do. And the people we met in both cities were certainly nice. We had our boarding passes and our luggage was checked. We were ready to have our carry-on luggage screened and our bodies x-rayed. At O’Hare, for the first time ever, we were detained. Steve’s ID and boarding pass were confiscated! TSA wanted more information. I could go on ahead but I said, “No. We will stay together.” xxxx When I ordered our airline tickets, I got one ticket for me and one ticket for Steve. I married Stephen E and purchased his ticket under that name. But do you know what? When he produced his photo ID (and it does look like him, no question) the name on his Arizona Driver’s License is not “Stephen E”, but “Steve E”. Could you ever imagine this would be a problem? It had never been a problem before. I didn’t know the documents wouldn’t match. I had never asked to see his driver’s license. I had never “carded” him before 😉 xxxx Steve said he had been in a hurry when he got that license. He introduced himself as “Steve” so it was just natural for him to write his name as “Steve”, that’s what he calls himself. Sometimes that’s what I call him, too. You might imagine all the names I was calling him that day. Okay, not really. xxxx The TSA Agent who was holding Steve’s ID and boarding pass, escorted us back to the airline ticket counter. I felt like a criminal being detained, but we had done nothing wrong. Did the ticket agent feel this Steve E and Stephen E were one and the same? Thank goodness we had allowed additional time! After a small delay, and a smile from the TSA Agent, she took us back to the front of the security check in line. We went on our way and had a few minutes to spare before boarding our flight home. xxxx This incident made me think about my role as a tax return preparer. I am careful to make sure everything matches up for my client. Sometimes we find out that is not always the case. Sometimes it is the Internal Revenue Service or our state Department of Revenue that lets us know things don’t match up. xxxx When preparing your return, take the time to make sure your name is spelled correctly, that your Social Security Number is entered correctly, double check that your address is current. This is where IRS will send any important correspondence and you don’t want that sent to anyone but you!
Do I have to pay taxes after I die? I thought taxes would end when I did!
While we are earning money, we get a W2 or a 1099 and we pay INCOME TAX.
When we have investments that pay us interest income or dividend income or we sell an investment for a profit and have a capital gain we pay INCOME TAX. When we are retired and receiving retirement benefits we may pay INCOME TAX.
And you are saying…we might have to pay taxes even after we die?
If you leave too much money behind when you leave this earth, you may be subject to ESTATE TAX.
“But I have a will. Doesn’t that make a difference?” A will is a legal document that determines how your assets are distributed after your death. Do you remember the board game Monopoly? “Go to Jail. Go directly to Jail. Do not pass Go. Do not collect $200.” Well, with a will you “Go to Probate. Go Directly to Probate… “
What is probate?
According to Wikipedia, a probate court decides the validity of a will and grants its approval to the executor The executor is the person charged with having the legal power to dispose of your assets in the manner specified in the will.
The court wants to make sure your wishes are followed. And probate takes time – sometimes a lot of time and it can take money for legal fees. Creditors need to be notified and given time to present their claims. Legal notices will be published.
As many as 55% of Americans die without a will. Making no decision is still a decision. Families are supposed to love one another, but things can get ugly very quickly when MONEY is involved.
According to Morning Star.com, “If you don’t [have a will], the state will decide how your assets are distributed, and even who will be the guardian of your minor children. And once you have a will, it’s important to make sure it’s clear and up to date.”
Why do I want to think about a trust? What can a trust offer me that a will cannot?
Elvis Presley died with a valid will in place in 1988. His estate was valued at over $10 million. The probate process fees and taxes cost over $7 million! His family would have received much more if he had had a trust instead of just a will.
A trust is private, you avoid probate. While a will can be contested in court, it is much harder to challenge a trust.
Taxes do not always have to be paid at a death. But like anything else in life, it is better to have knowledge in advance so if you have a choice, you can make an informed decision.
Do you know what the fireworks represent? Think about the words of the Star Spangled Banner: “The rockets red glare, the bombs bursting in air…”
What was this American Revolution all about? You guessed it. TAXES! The original “tea party” in Boston, Massachusetts was the beginning of this long-brewing war. The people settling the American colonies were unhappy paying taxes to the King of England. They did not want taxation without representation.
This article is not about any political posturing. It is totally about income taxes. I am not just an Audit Specialist. I am also an Income Specialist. I always hope you have to pay a LOT of tax because I want you to have made a LOT of money. At the same time, I want you to pay your lowest legal tax and not a penny more.
An individual pays tax on their individual income. A business owner has several choices. If you choose to file your business taxes as a sole proprietor, you will report your business income and expenses using Schedule C on your 1040 personal income tax return.
If you choose to be a Limited Liability Company, LLC, you will file your Articles of Organization. Now you may choose to be taxed as a corporation or as a “disregarded entity.” This is just a fancy way of saying Schedule C.
If you choose to be taxed as a corporation, you file Articles of Incorporation. You may also qualify to elect “S” Corporation status. This “S” status is not available to everyone corporation. The “S” corporation does not pay tax on its profits. Those profits pass through to the shareholders. The “S” corporation profit is included in the individual shareholders’ taxable income.
The “S” corporation must be sure to pay a fair wage to the owner or shareholder who works in the business. They cannot pass through their entire profit as dividend to avoid employment tax issues.
A regular or “C” Corporation will pay tax on their net business income. The net income is the result of subtracting business expenses from total, or gross, income. When the “C: Corporation declares a dividend and pays that dividend to the stockholder, that stockholder also pays tax on the dividend income. This is why the “C:” corporation is subject to what is called double taxation.
The freedom of choice is one of our great rights we have as Americans. We are fortunate to be able to choose the type of entity that best suits our business. Enjoy your red, white, and blue holiday. Keep your business “in the black”. And stick with me to learn the rules of this tax game so you can play to win. Beat, not cheat, the IRS. Keep more of what’s yours from becoming theirs, spelled the-IRS.
According to Benjamin Franklin, the only things certain in life are Death and Taxes.
I just spent most of my Saturday reaching out to people who I thought needed to know that a good friend of ours had passed away. This lady had more influence than any single one of us realized. Let’s call her Jill.
Why am I sharing this with you? Why am I playing with the many pieces to the puzzle of her life? Well, because Jill left no will and I am trying to make some sense of what is left. How does that involve me? I helped her buy her apartment and the neighbors and manager reached out to me as someone who might be the one to start trying to tie up loose ends.
I want YOU to understand the importance of drafting your will or even creating a revocable living trust. I have helped many people work with the legal community in preparing these critical documents. Because we had had conversations in the past, we think we know what Jill’s wishes were. But did she change her mind since we talked long ago?
Where did she keep her important documents? Will I find them all in one place? Do I have a responsibility as co-owner of her apartment? Am I biting off more than I want to chew by letting people know of her death? Have I forgotten anyone? I have no map to follow. But I do have a law firm I can call for advice.
Will I have a liability that I am not aware of? I learned at the Internal Revenue Service, that ignorance is no excuse. Just because I don’t know the answer doesn’t mean I can risk blundering into committing some grave mistake.
Jill is not just a friend. She is also a former tax client. Jill filed her last tax return many years ago. She has not had sufficient income to require her to file since that last return. But will that be the case for you? Some clients DO have income that keeps them filing a tax return up until the date of their death.
Other clients have created a revocable living trust. As long as they are living, they can change their mind. They can revoke one or more provisions of that trust. While they are alive, they report all that income on their personal return.
The day after the trust owner’s death, the trust becomes IRREVOCABLE. No more changes can be made and the trust then must file it’s own tax return. Have you ever heard of Elvis Presley or Michael Jackson? They both are making more money after their death than anyone ever imagined. As long as there is income, there is tax to pay.
After you die, your spirit will not really care what happens to the stuff you leave behind. But the people you leave behind may feel this stuff is important. Help them know what you would want them to do.
- Step One: Make out your will or trust, or have someone assist you. This is your last love letter to family and friends.
- Step Two: Tell someone where you have put your important papers.
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Step Three: Enjoy your life. This is NOT a dress rehearsal.
My mother was a Secret Keeper. My father was a private man. They both survived The Great Depression and World War II. I thought it was their generation that kept them tight lipped. I was never taught how to gossip.
The very first movie I remember seeing in the theater with my Mother was “Bambi”. In that movie Thumper’s mother told him, “If you can’t say anything nice, don’t say anything at all.”
Being a secret keeper means I hold the information you share with me with greatest confidence. I am not your confessional priest who will absolve you of your sins. I am your Enrolled Agent who can represent you at all levels of the Internal Revenue Service worldwide. Not just nationwide, but anywhere in the world the IRS has an office.
I became an Enrolled Agent, an EA, after working five years for the IRS. I was a Tax Audit Supervisor. That specialized training is what I rely on to help me in defending you and your tax return in a tax audit.
When I prepare your tax return I look at the information you give me with the eyes of the IRS. I sign your tax return as your preparer based on all information of which I have knowledge. You sign you tax return under penalty of perjury. That statement is called a “jurat.” It states that you have examined the return and the schedules and attachments, and to the best of your knowledge and belief, they are true, correct and complete.
I am thorough when I prepare your return. I want you to pay your lowest legal tax. But I don’t want either of us to invite trouble from the IRS. And as your preparer, I am obligated to answer any IRS question about the preparation of your return. That is different that representing you in an audit.
When I represent you in a tax audit I have confidentiality with you, but I do not have the client privilege that an attorney does. If I did NOT prepare your return, and represent you in a tax audit, I have an advantage. I will answer their questions the best I can. But I will not volunteer anything unless I think it will help your case.
If you are a new client to me, and I feel there are some audit issues that may reveal the return being examined is not totally accurate, if I think you might be flirting with tax fraud, I will refer you first to a tax attorney. Neither of us were involved in preparing your return, so we don’t have knowledge to answer IRS questions about the process of preparing your return. And if the attorney chooses to engage me to do the work of representing you in the audit, the attorney may choose to extend the client privilege to me for this audit.
Does that mean you are making a mistake by choosing me to prepare your return? Heck no! You have the best on your side. My aim is to help you file a complete and accurate return and at the same time avoid an IRS audit. Just like in Las Vegas, what happens at my desk stays at my desk. I am a secret keeper.
Always to your lowest legal tax,
Nellie T Williams, EA