“1. When are individuals of the same sex lawfully married for federal tax purposes?
“2. Can same-sex spouses file federal tax returns using a married filing jointly or married filing separately status?
“3. Can a taxpayer and his or her same-sex spouse file a joint return if they were married in a state that recognizes same-sex marriages but they live in a state that does not recognize their marriage?
“4. Can a taxpayer’s same-sex spouse be a dependent of the taxpayer?
“5. Can a same-sex spouse file using head of household filing status?
“6. If same-sex spouses (who file using the married filing separately status) have a child, which parent may claim the child as a dependent?
“7. Can a same-sex spouse itemize deductions if his or her spouse claims a standard deduction?
“8. If a taxpayer adopts the child of his or her same-sex spouse as a second parent or co-parent, may the taxpayer (“adopting parent”) claim the adoption credit for the qualifying adoption expenses he or she pays or incurs to adopt the child?
“9. If a sole proprietor employs his or her same-sex spouse in his or her business, can the sole proprietor get a refund of Social Security, Medicare and FUTA taxes on the wages that the sole proprietor paid to the same-sex spouse as an employee in the business?
“10. Will the IRS issue further guidance on how qualified retirement plans and other tax-favored retirement arrangements must comply with Windsor and Rev. Rul. 2013-17?”
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.