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Attention Employees: This is the blog I promised you. . You are required to attach your W2 to your tax return when you file this important once-a-year tax form. Every year you have the chance to “look yourself in the eye” and sign your tax return under penalty of perjury that it is correct and accurate. .. If you don’t already have your W2 for 2013, you should be getting this important form very soon. Employers are required to issue their W2 forms by January 31st. .. Did you move since you were first employed? Does your employer have your correct current address? Did your employer go out of business during the year? Did they pay their accountant in advance to issue the year-end W2 forms? They probably did not.  On payday did you get a paystub showing the cumulative, or year-to-date income earned and taxes withheld? Did you keep track of these numbers yourself? Most people won’t but it is a good idea. .. Did you have more than one job during the year? Do you have a W2 from EACH of your jobs? You must report your total income from all taxable sources. What can you do if you don’t have this required for filing form? .. If you have not received your W2 by February 14th, you can call the IRS for assistance. When you dial 1-800-829-1040, be prepared to wait on hold. It could be a long wait. This is a toll-free number and they get a lot of callers. The assistor at the Internal Revenue Service will ask you for your name, your address with zip code and your social security number. (Remember YOU called them.  DO NOT (and I MEAN EVER!) give this confidential information to any one who calls you. Protect your identity.)  The IRS will also ask for your employer’s name, complete address, phone number and your dates of employment. IRS will contact your employer for you (if that is possible) and will request the missing form for you. Form 4852, Substitute for W2, was designed for just this purpose. When you call the IRS to request their help, they will send you this form. There are blanks for you to fill in your wages and withholdings. It will ask you how you determined the amounts you are entering. It will also ask you to describe what you did to try to obtain your W2. If you did receive a W2, was it correct? If you think it was not correct, contact your employer and request a corrected one, a W2-C.  If you filed your tax return using Form 4852 and then received a W2 or W2-C showing different amounts, then you must file Form 1040X to amend your return. This amendment may result in you owing more tax or it may result in you getting a refund. Consult your tax professional for help filing this more complicated form.
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taxes2For those that can file the simplest of tax forms, you may have your W2 and are ready to file. Last week I talked about W2, W2-G, 1099-G, 1099-Misc and K1 forms. Today I talk about more of the common forms you need to complete your proper tax form. 1099-R is used to report distributions paid to you from your pension plan, your retirement plan or our Individual Retirement Account or IRA. If you have a distribution that is not taxable, it must still be taken into account in filing your proper tax return. 1099-INT is sent to you when you earn $10 or more interest on a bank account or certificate of deposit. You should get one of these forms for each account that generated $10 or more of interest. If you have more than one account at a single branch, they may report each account separately on a single, or consolidated, statement. Some banks show each account and provide the total earnings for all accounts. Whether or not you withdrew the interest, or had it in your hot little hands, this is taxable income that must be reported. If you earned less than $10 you are still required to report the interest earned, you just won’t get the Form 1099-INT to remind you. In this case, you’ll need to check your account statement that includes December 31st. 1099-DIV reports to you earnings of $10 or more in dividends paid on stocks, bonds and mutual funds. Like 1099-INT, you are responsible to report all earnings even if you had less that $10 and do not get this form. 1099-DIV also includes capital gains paid on these investments. These capital gains are for activity within you account, not for the sales of stocks from your account. Both ordinary dividend and capital gain dividend numbers are important in calculating your proper tax. Your tax professional will see that you don’t overpay your tax.  1099-B reports your sale of stocks, bonds or mutual funds. You receive Form 1099-B from your broker or mutual fund company. This form can be one page or multiple pages depending on the size of your account. For each sale this report will tell you the name of the stock or fund account, how many shares were sold, the date of the sale and the sales price. Some brokers issue a preliminary report to meet heir February 15th deadline to issue this Form 1099-B, but they will tell you to expect a corrected or final statement later in the tax season. Provide EVERY page of this report to your tax advisor. 1099-C reports Cancellation of Debt income which must be reported on your tax return. This income may or may not be taxable to you. It can be issued because you were unable to pay a debt, perhaps credit card or mortgage debt. Be sure to share this information with your trusted tax advisor.  The US Tax Code states all income is reportable except that which is specifically exempt from tax. Protect yourself from IRS audit by reporting all of your income.
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padpaperThe tax industry is ever changing. Tax professionals are subject to various federal and state regulations. The Internal Revenue Service was sued to stop them from requiring all tax return preparers to take a test to prove their competence to properly apply the tax laws. Enrolled Agents (EAs), Certified Public Accountants (CPAs) and Attorneys have already demonstrated their competence by passing other comprehensive tests. Some in this group of un-enrolled preparers have been writing tax returns for many years. Some are brand new to the tax business. They all were to take a test to demonstrate their knowledge and level of competence. No one could use the designation RTRP, Registered Tax Return Preparer, until they passed this test. The IRS is appealing the lawsuit’s decision. I see nothing wrong with the IRS protecting their tax-paying public (YOU) by ensuring that all tax return preparers show some level of competence. No single person can know everything. There are many areas of specialty within the tax code and ever-growing procedures, regulations and rulings. I help individuals and small business owners. Big corporations and partnerships are outside my area of expertise. Anyone can make a mistake. Yes, we learn from our mistakes, but wouldn’t  you rather that I learn from someone else’s mistake?  The IRS does and they want EAs and CPAs to keep up with the ever-changing tax laws. We do this by taking required annual continuing professional education (CPE). I like the medical doctor’s Hippocratic Oath, “first do no harm.” I follow that in my tax business. I always want to do my best for you. These brief descriptions give you a glimpse of what these professionals can do. An EA, Enrolled Agent, is licensed by the Department of Treasury to represent taxpayers nationwide at all levels of the Internal Revenue Service. A CPA, Certified Public Accountant, is licensed by their State’s Board of Accountancy to perform accounting services in that state. Those same Boards of Accountancy limit the use of the word “accounting” to their recognized CPAs. Some CPAs also practice tax. Some EAs also offer bookkeeping services. Attorneys are admitted to their State’s Bar. Attorneys who are admitted to the Tax Court can represent taxpayers at that level of IRS Appeal. Here are 7 questions you can ask to help ensure you find an experienced, trustworthy tax advisor:
  1. How long have you been in the tax business?
  2. What licenses or designations do you have?
  3. What tax issues do you specialize in?
  4. Do you have the knowledge and experience to handle my tax situation?
  5. Do you outsource any of your work?
  6. What’s your privacy policy?
  7. How do you charge your fee; how much will it cost?
It is important that you establish a comfort level with your tax advisor. You want to feel safe (and you want to feel your information is safe) when you share your important and confidential tax return information with your trusted advisor.
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PB & JellyNovember is National Peanut Butter Lover’s Month. I grew up on peanut butter and jelly sandwiches. I still have one of these comfort, stand-by sandwiches every once in a while. And I love peanut butter cookies! .. Can you deduct peanut butter? Not if it is just your own, or your children’s meal. And chances are you’re not going to offer a peanut butter sandwich to your business client. But you could decide to serve a fancied up sandwich at a business get-together. Think about a working lunch or a special afternoon tea type theme to your business meeting. .. If you run a sandwich shop, peanut butter can be an ingredient in one of your menu items. If you run a daycare center, you will certainly be serving this staple at lunch. Cookies can become a business gift. And maybe you want to have your clients over for an afternoon celebration.  Of course, if your guest list includes someone with a peanut allergy, peanut butter will not be on the menu. But then this peanut butter could be the cause of a medical deduction. So there can be several ways peanut butter and taxes really are related. .. The IRS loves the words “ordinary and necessary”, “generally” and “usually”. To be deductible your meal or entertainment expense must be “directly related to” or “associated with” the active conduct of a trade or business. It can also be for the production or collection of income. It cannot be lavish or extravagant. It must be reasonable considering the facts and circumstances. .. Do you remember the five Ws of journalism? Who, what, when, where, why and then add how much you spent.. Who did you entertain? What did your discuss. When did you have this meal? Where did you go? What was the business purpose or what did you want to talk about at this restaurant? And how much did you spend? Your deduction can include the cost of the food, beverage and tip, but is limited to 50%. The cost of your own meal at a restaurant is not deductible. Meals with coworkers or business associates are not deductible unless you can show a clear business purpose. .. You must show that the main purpose for this meal or entertainment was for business; that you engaged in business during this meal or activity. You must also have more than a general expectation of receiving income or some other specific business benefit in the future. .. Instead of “directly related”, where you discuss business over a meal, your business discussion can be “associated with” the meal or entertainment. How much talking could possibly go on during a concert, at the theater or at a rousing sporting event or a backyard bar-b-que? If you are entertaining at your home, be sure to have a guest book for your records. Have each of your guests sign in. .. If the business discussion or transaction is substantial (and directly before or after the meal or entertainment) it can be deductible. There is no requirement that you spend more time on business than on the meal or entertainment. .. Employers have exceptions to the 50% deduction limit. If you provide meals to more than half of your employees on your business premises and for your convenience (not the convenience of the employee), those meals are a 100% deductible fringe benefit. Employer provided social or recreational expenses, like a company party or picnic, for the benefit of employees who are not highly compensated employees, are 100% deductible. .. I can’t emphasize enough your need to keep adequate records. This is for your tax audit protection.
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TaxesWe have just passed the October 15th extended deadline to file your income tax return. If you are an individual taxpayer, your next deadline might be the 4th Quarter Estimated Tax Payment which is due before January 15th for the calendar year ending December 31st. .. This can be confusing to a lot of my clients. If you think the January payment is for the current year, you are mistaken. It is for the PRIOR year. Since I work with these overlapping dates more often than you do, I have learned how to keep them straight. But if yours is the only tax return you are responsible for, these dates are often confusing. .. Who pays an estimated tax payment? Most wage earners get a paycheck. The money you take home is your “net check” after deductions are taken out. The basic deductions from most paychecks are for social security. medicare, federal and state income taxes. .. You may have income on which there is no withholding. What kinds of income might that be? Interest and dividend income, rental property profits, sales of assets, gambling winnings, spousal maintenance (otherwise known as alimony) just to name a few. .. Remember, as an American you are taxed on your worldwide income and every dollar is taxable unless it is specifically excluded. Some of the income that is not taxable includes child support, some inheritances and gifts you receive. There could be others, but I try to keep the length of these blogposts or articles to a pleasantly readable size. .. So, back to estimated tax payments. They are designed to help you pay the tax you estimate you may be liable for. The Internal Revenue Services wants you to pay this tax money evenly throughout the tax year. Taxes withheld from your paycheck are considered paid evenly through the year, even if they fluctuate from payday to payday. .. Small business owners generally do not take a paycheck. They figure their profits and make estimated tax payments to cover their income tax and their social security tax. Their tax for the year is figured when the tax return is completed. .. Estimated Tax Payments are made in four payments on Form 1040ES. The first quarter is composed of months January, February and March. The first quarter (Q1)1040ES is due April 15th. The second quarter (Q2) is for months April and May (only two months here). Q2 1040ES is due June 15th. The third quarter is back to three months, June, July and August.  with the Q3 1040ES payment due September 15th. And the fourth quarter, Q4, is the FOUR months of September, October, November and December. The 1040ES for Q4 is due January 15th of the following year. You just tell me how much you paid and when. .. It is okay to make these estimated tax payments early. If you make the payments late, the late payment penalty is figured when preparing your 1040 tax return. If you did miss a payment this year, don’t panic. Just be prepared to add a few extra dollars (depending on the amount of your estimated tax payment) to your tax bill when your tax return is prepared.
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taxes-irs-buildingDuring these uncertain days of our government shut-down, one thing is for sure. Some of the employees at the Internal Revenue Service are considered essential. While some may be on furlough with or without pay, others are expected to put in their regular time.   The Customer Service section may be reduced for now. But I’m sure the collections division is open. And I know the IRS will be accepting tax returns. Our government depends on our tax dollars to pay its bills.   Whether you file by mail or whether you file electronically, if your return is on extension and you have not filed it yet, you have until October 15th to meet your extended due date. Rain or shine, open or not, if you file after October 15th you are now a tax delinquent.   There is no “time out” or “detention” or “stay after class” at the Internal Revenue Service. There is no “dunce cap”. But if you owe tax, there is something else to watch out for.   I tell my clients who file a tax return with a balance due, they can either have the IRS debit the money right from their bank account, or they can mail in their check or money order. If they can’t pay their tax bill in full, I tell them to send in as much as they can. And then I add, “And expect a bill for interest and penalties”. These are what the IRS calls “additions to tax.”   WHAT?! Why?! If you don’t pay your tax in full before or by April 15th, then you are inviting additions to your tax.   The IRS must, MUST, by law assess interest on late paid taxes. They cannot fail to bill you for, or waive, any of the interest.   When you owe tax after April 15th, you can be subject to all kinds of penalties. There is a failure to file penalty. There is a failure to pay penalty. There can be a failure to pay estimated taxes penalty. PLUS your state may also assess penalties and interest if you also have a balance due with that extended return.   Sometimes life just happens. You  may have an unusual situation and a really good reason for not having been able to estimate on April 15th your taxes due for the year. It never hurts to ask nicely if the IRS would be able to abate (or eliminate) any part of the penalties. Write a letter of explanation. Don’t lie. Don’t exaggerate.  Do be complete in your explanation. Be polite in your request. Ask your tax advisor for help. Or consult with me.   If you miss the October 15th extended date to file, that return is just flat out delinquent. To get off the IRS’ “naughty” list, file a correct return as soon as possible. Expect to pay interest. Expect to pay penalties. Plan to pay your full tax before April 15th next year to avoid those additions to tax and stay completely off their mailing list.
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Wedding Same Sex Well, these answers about our newest tax law change are direct from the horse’s mouth, the IRS. “The following questions and answers provide information to individuals of the same sex and opposite sex who are in registered domestic partnerships, civil unions or other similar formal relationships that are not marriages under state law. These individuals are not considered as married or spouses for federal tax purposes. For convenience, these individuals are referred to as “registered domestic partners” in these questions and answers. Answers to Some of the Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions“Can registered domestic partners file federal tax returns using a married filing jointly or married filing separately status?

No. Registered domestic partners may not file a federal return using a married filing separately or jointly filing status. Registered domestic partners are not married under state law. Therefore, these taxpayers are not married for federal tax purposes.

“Can a taxpayer use the head-of-household filing status if the taxpayer’s only dependent is his or her registered domestic partner?

“No… A taxpayer’s registered domestic partner is not one of the specified related individuals …. that qualifies the taxpayer to file as head of household, even if the registered domestic partner is the taxpayer’s dependent.

“If registered domestic partners have a child, which parent may claim the child as a dependent?

“If a child is a qualifying child … of both parents who are registered domestic partners, either parent, but not both, may claim a dependency deduction for the qualifying child. If both parents claim a dependency deduction for the child on their income tax returns, the IRS will treat the child as the qualifying child of the parent with whom the child resides for the longer period of time during the taxable year. If the child resides with each parent for the same amount of time during the taxable year, the IRS will treat the child as the qualifying child of the parent with the higher adjusted gross income.

“Can a registered domestic partner itemize deductions if his or her partner claims a standard deduction?

“Yes. A registered domestic partner may itemize or claim the standard deduction regardless of whether his or her partner itemizes or claims the standard deduction. Although the law prohibits a taxpayer from itemizing deductions if the taxpayer’s spouse claims the standard deduction …, this provision does not apply to registered domestic partners, because registered domestic partners are not spouses for federal tax purposes.”

There are more questions and some more answers to the questions that have surfaced around this issue.  Next week I’ll talk about something different and come back to more of these questions and answers in a future blog.
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salaryDid you know the Internal Revenue Service can ask to see your bank statements?   It is important for you to understand why.  … Having a business is a little like having a child. Both the child and the business are a part of you, but they are also separate from you. Are you a business owner? No matter how small a business, if you are in business, your business needs its own bank account. You will deposit every penny, EVERY penny your business earns into that business bank account. You may want to have both a business checking account and a business savings account. When you have more money than you need to cover expenses, you can transfer that beautiful excess into your savings account. When you deposit your business proceeds into your bank account, it should be easy to match those deposits to your sales records. In the accounting world, that is known as “tying” the deposits to the sales records. When you transfer money from one account to the other, it is important to make a note to remind you that this is not new money being deposited. It is a TRANSFER from checking to savings or vice-versa.  … In the beginning of your business you may “seed” your account with your personal money. This is not business income. This is your investment in your own business. You may have other people invest in your business. If you give them shares of your business stock in return for their money, they are now a stockholder in your business. You want to be sure to record (make a note of) that transaction.  … There may come a time when you need to borrow money. When you take out a business loan to help fund your operations, the money you owe becomes a liability on your balance sheet.  This blog post is not about accounting, it is about your bank statements. The loan you receive is not income from the sale of your products or services. The loan is not taxable income. You want to make sure you are protecting yourself by making adequate notes about what money is going into your bank accounts. When the IRS examines a business tax return, they often ask to see the bank statements. They want to know how much money is going into your bank accounts. They will examine your income records and match them to your bank activity. If you cannot prove that extra $10,000 was a loan from Aunt Mary, then that $10,000 could become taxable income in the eyes of the IRS Agent. And if you are in the 15% tax bracket, a $10,000 adjustment to your return could cost you $1500! You don’t owe tax on the loan.  Documentation is your protection.  … Remember, as an American, you are taxed on your WORLDWIDE income. Wages, business profits, interest income and dividends from stocks and bonds are just some of the types of taxable income. Transfers between accounts, loans, and gifts are generally not taxable. I just want you to have the information you need to protect yourself when it comes to your taxes.
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ID-10069149Yes! You may qualify for the Child and Dependent Care tax CREDIT. How do you qualify? Your dependent must be age 12 or younger, when the care is given. No credit is allowed in the year your child turns 13. An older dependent or spouse may qualify if they are mentally or physically unable to care tor themselves. Your dependent must have lived with you for more than half the year. There are special exceptions for dependents who are born or who die during the year. You will list their names and social security numbers on the tax credit form plus how much you paid for each individual person’s care.   This care must be given in order for you to go to work or look for work. You must have income from wages or other taxable compensation. If you are married and filing a joint return, this work requirement applies to both of you.   What if you are a stay-at-home parent and don’t have a job? If you go to school full time, you may be considered as having earned income for this credit. This credit is not available to spouses choosing the “married but filing separately” tax filing status.   This payment has to be made to someone other than your spouse, You cannot take a credit if you pay the parent of your qualifying person for the care. Payments you make to someone you claim as a dependent on your tax return do not qualify for the credit. If you do pay for your own child, who is not a dependent on your tax return, they must  be age 19 or older that year. You will list each care-giver’s name, address, social security number or employer ID number PLUS the total amount you paid that care giver. The Internal Revenue Service tax law will dictate how much credit is allowed on the amount of expense you incurred.   Some care-givers are people who run their businesses “on the side.” If they do not provide you with their social security or employer identification number, you do not get to claim the credit. They are cheating the tax system. And you are paying their tax. (Just sayin’.) Is theirs the only care you can get for your child? Is theirs the only care you can afford for your child?   You are able to give someone up to $13,000 per year for this year. That gift amount can change every year. That gift is not taxable to them and is not deductible by you. Generally a gift is given with no expectation of anything in return. Day care given in exchange for money or something else of value is not a gift. The income the care giver receives is their taxable income, whether they have a hobby or a business.   Money you pay for your babies in day care may qualify for the credit. Money you pay for older children’s after school care may qualify. What about summer school? The tuition is not deductible. But the cost for care after summer school class may qualify for the tax credit.   What about summer camp? Day camp may qualify but a camp where the child stays overnight does not qualify. And what about if the dependent who needs care is an adult? There is also adult day care. Your expenses for all of these different types of dependent care  may qualify for the Child and Dependent Care tax Credit.   The tax laws are always changing and get more and more complicated. There will always be more that needs to be said. I hope this blog has helped you understand some of the CREDIT that your family may qualify for. If you have questions about your day care situation, post your question in the comment section of this blog or consult your tax advisor.   I’ll talk about Education Tax Credits and Education Expenses in another blog.
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download2How can you play to win if you don’t know the rules? I have always focused on how to do things correctly. I want to know the rules of the games I play so I can play to win. And that’s what I want to give you, also.   When I was in law enforcement, I learned that there are some people who will never want to knowingly break the law. There are others who want to know what they can do to bend the rules. They don’t really want to break the law, but they don’t want to follow the straight and narrow path, either. And there are others who might have cared at one time, but don’t care anymore and they just want what they want. They care about themselves. They don’t think of anyone else involved.   The Internal Revenue Service is often in the news. But usually that news is to tell us, the tax-paying public, the  changes in the tax law. Tax season is the time when the IRS wants to spotlight public figures who have done something wrong tax-wise.  They get mileage out of these stories in trying to help the law-bending public understand the penalty of breaking the tax laws.   Tax season is never over. But today it is after April 15th. And the IRS is in the news again. This time IRS is the one in the spotlight. Somebody done somebody else wrong. We are being told that the IRS targeted specific groups. They did what some police people are accused of doing. They used profiling. They were on the lookout for groups that appeared to be more conservative than others. IRS is accused of denying or delaying the applications of groups wanting tax-exempt status.   The first group I think of as tax-exempt is religious. Other tax-exempt groups include scientific, literary and other charitable organizations. There are hundreds of other tax-exempt groups. Like social groups and fraternal societies, veterans organizations, political organizations. Don’t forget homeowners associations.   I’m not here to defend the IRS. I am just sharing with you some of what I learned as their former employee. When I was an auditor-in-training I was learning the ropes of the job of income tax auditor. What was my job? How do I do it well? As an employee of the federal government I had an honorable job and I wanted to do it well. It was the auditor’s job to see that the law was properly applied.   Even then, the IRS wanted me to know the penalty for stepping over the line. They have their own internal affairs division. IRS wants their employees to do their job properly. And if an employee chooses to cross the line, there is a penalty to pay. In most jobs those penalties may include time off without pay,  demotion to a lower pay grade position, and even dismissal. Heads will roll.   Why does it take so long to discover this bad news? It takes time for cream to rise and It takes time for dust to settle. Before any case can be brought to trial, first someone has to be found out. Then evidence must be collected. Only the TV crime show can solve a case in 60 minutes.   When this kind of bad news goes viral, we can be glad to know that the system does work. Yes, one bad apple will spoil the whole barrel. That apple is removed. The barrel gets washed out. We begin again.   The IRS is here to stay. They are not going away. I play by the rules. When the rules change, I have to change my game plan. I hope I can help you, too.   Always to  your lowest legal tax, Nellie T Williams, EA
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