Individual Income Tax

Economic Impact Payments – What You Need to Know

Vandenack Weaver LLC Individual Income Tax , , , , ,


The Internal Revenue Service has extended the deadline for individuals to claim an Economic Impact Payment by five weeks to help individuals who have not received a stimulus payment. The Get My Payment tool explains that users have until November 21 Midnight ET to request their economic impact payment. Eligible individuals can also visit IRS.gov and use the Get My Payment tool to find out the status of their Economic Impact Payment. This tool will show if a payment has been issued and whether the payment was direct deposited or sent by mail. Get My Payment tool might give a user the option of providing their bank account information to receive their payment by direct deposit. For example, if an individual’s payment was sent by mail and the Post Office was unable to deliver it. An individual must file a 2019 tax return to receive the payment if required to do so. The IRS provides an online database of authorized e-file providers for individuals to electronically file their tax return.

Important security features when using the Get My Payment tool
• Before using the Get My Payment tool, an individual must verify their identity by answering security questions.
• If the answers to the security questions do not match IRS records after multiple attempts, the user will be locked out of the tool for 24 hours. This is for security reasons. Those who can’t verify their identity won’t be able to use Get My Payment. If this happens, people should not contact the IRS.
• If the tool returns a message of “payment status not available,” this may mean the IRS can’t determine the person’s eligibility for a payment right now. There are several reasons this could happen. Two common reasons are:
o A 2018 or 2019 tax return is not on file and the agency needs more information or,
o The individual could be claimed as a dependent on someone else’s tax return.
• In some cases, if a taxpayer has filed their 2019 tax return but the IRS hasn’t processed it yet, they may receive “payment status not available.” Taxpayers who’ve already filed a tax return don’t need to take any action. The IRS continues to issue Economic Impact Payments as tax returns are processed.

While millions of Americans have received their economic impact payments, some may have to provide additional information to the IRS to get their payments. Questions regarding eligibility requirements, requesting an economic impact payment, calculating an economic impact payment and more can be answered here.

Individuals who are not required to file a tax return
There is a tool for Non-Filers: Enter Payment Info Here to register for a payment. To be eligible to fill out the non-filer application, an individual must be eligible for an Economic Impact Payment and the individual is not required to file federal income tax returns for 2018 and 2019 for any reason including:
• The individual’s income is less than $12,200
• The individual is married filing jointly and together the income is less than $24,000, and
• The individual has no income.

Individuals who can be claimed as a dependent on someone else’s tax return should also not use the non-filer tool. The IRS underscores that individuals should not use this tool if they are filing a 2019 tax return. If an individual was required to file a 2019 tax return but they used the Non-Filer tool, this could delay processing their tax return and their Economic Impact Payment. More information about non-filers can be accessed here.

VW Contributor: Skylar Young
© 2020 Vandenack Weaver LLC
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End of the Year Tax Planning Considerations: New Issues Arise from Tax Legislation

Vandenack Weaver LLC Business Taxation, Individual Income Tax

            With the passage of new tax legislation by Congress, the usual gamut of year-end tax considerations has been made more complicated this year.  The timing of this legislation leaves US taxpayers with little time to determine what actions need to be taken this year to give them favorable consideration in 2017 and beyond.  Vandenack Weaver LLC has assembled the most important changes here for your consideration.  We encourage you to discuss these issues with your tax professionals.

  • 2018 Real Estate Taxes – The new tax legislation limits the deductibility of state income tax, real estate taxes, or sales tax to $10,000. With this new limit, some clients may find it advantageous to pay all but $10,000 of their 2018 real estate taxes in 2017.  If you are paying taxes into an escrow account, you are eligible to take the deduction in the year when the bank pays the property taxes, not when you pay the bank.  As such, consult with your bank to determine if you may take advantage of this.  Note, for those clients who are subject to the Alternative Minimum Tax (AMT) in 2017, paying early is inapplicable as these taxes are not deductible when computing AMT in 2017.

 

  • Gifts – Gift and generation skipping transfer tax exemptions will double under the new tax legislation. For those making large gifts, consider waiting until the new year in order to avoid 2017 tax consequences.  However, remember to make your annual gifts before the end of the year.  These limits will increase from $14,000 to $15,000 in 2018, but if you do not make a transfer in a calendar year, you will not get the exemption for that calendar year.

 

  • Payment Timing for Estimated State Income Taxes – Traditionally, state and local income taxes have been deductible provided that such tax payments were based on a reasonable estimate of the taxpayer’s actual liability (and that the state has authorized the tax payment). This was available even if you received a refund after the end of the year for which payments were made.  The new tax legislation curtails this practice.  For example, an amount paid in 2017 for taxes that are imposed in 2018 or later will be treated as though it was paid at the end of 2018.  This is particularly important for individuals who are under audit or who have outstanding liabilities for 2017 and earlier.  In 2018, deductions for payments of taxes attributable to prior years will be severely reduced.  Consider settling these issues prior to 2018.

  • Moving Expenses – Under the new tax legislation expenses for a work-related move will be eliminated (except for those in the military). While it is highly unlikely anyone who hasn’t planned to or already moved will be able to take advantage of this, it is important to take this change into consideration for your future plans.

  • Impact to Charitable Gifts – Although the new tax legislation did not make many changes to deductions for charitable gifts, other changes in the legislation will impact how far charitable gifts go in reducing your taxes. Because the tax brackets are shifting downward, many taxpayers will find themselves requiring fewer deductions in 2018. Thus, making a charitable deduction in 2017 could have a greater impact on your taxes than in 2018.  There are many factors that can impact the deductibility of your charitable contributions, so it is highly advised that you speak to a tax consultant before making any decisions.  It should also be noted that because of the overall decrease in itemized deductions and the increase of the standard deduction, some taxpayers will find it more advantageous to take the standard deduction in the new year.  If you are taking the standard deduction, then you will not be able to deduct your charitable contributions.  One change that was made to the deductibility of charitable gifts is in the ability to deduct 80 percent of an amount donated to a university in order to acquire the right to purchase tickets to the university’s sporting events.  That deduction will no longer be available after December 31. If you expect to make any such donations, you should consider doing so before the end of the year to take advantage of this expiring deduction.

  • Miscellaneous Itemized Deductions – If you do visit a tax consultant to discuss these issues, be sure to consider paying for those services in 2017! The new tax legislation eliminates the deductibility of tax preparation fees as well as other miscellaneous itemized deductions.  Some of these include appraisal fees for charitable gifts of property, investment advisory advice, and safety deposit box fees.  Clients should look at paying any of those expenses that are coming up in 2018 now to get the deduction before it is gone.

  • Unreimbursed Employee Expenses – Expenses that are attributable to an employee’s work and that have not been reimbursed are deductible in 2017. However, the new tax legislation will be eliminating this deduction.  As with miscellaneous itemized deductions, clients should look to move any of these expenses that they were planning to incur in 2018 to the current year.  Such expenses may include tools, uniforms, work-related education, even unpaid mileage and gas if the trip was work related.  Business owners are still able to deduct business expenses on Schedule C under the new legislation.

  • Mortgages – Current tax law allows for a deduction of the interest paid on up to $100,000 (for married couples) of home equity debt on a personal residence. This interest will no longer be deductible with the new tax legislation. Interest on mortgages for the acquisition of a principal residence will remain deductible, but the debt cap of $1,000,000 (for married couples) will be lowered to $750,000.  However, those who have purchased a home before December 15, 2017, will still be able to use the higher cap.  These changes may impact your decision in purchasing a home as it effectively increases the cost of the loan.  In addition, this is also one of the main reasons why many clients may consider taking the standard deduction in the future as the deduction for mortgage interest can make up a significant portion of your itemized deductions.

  • 8% Surtax – While the new tax legislation does not change the present 3.8% surtax on net investment income, some other changes may cause your taxable net investment income to rise in 2018. First, as noted earlier, the deduction for investment-related expenses will no longer be available.  In addition, state income taxes that could previously be deducted (to the extent they were connected to net investment income) are now capped at the $10,000 limit.  Clients should consider making any of these payments they can in 2017 in order to take advantage of these deductions.

  • Roth IRAs – The new tax legislation changes an existing rule regarding Roth IRAs. Presently, if you convert a traditional IRA to a Roth IRA, you may undo the conversion by recharacterizing it within specified time frames.  The new legislation removes the ability to recharacterize a Roth IRA.  In addition, there is legislative ambiguity as to what Roth IRAs may be impacted by this.  If you have converted an IRA in 2017 and are considering recharacterizing the subsequent Roth IRA, it is advisable you complete the recharacterization in 2017 to avoid any ambiguity in the law.

  • Capital Gains – Taxes on capital gains do not change significantly with the new tax legislation. However, there are some hidden issues to consider.  Because income tax rates and tax brackets are changing significantly, accelerating or deferring your capital gains may create a positive impact (or avoid a negative one).  Specifically, one of the major issues to consider is whether your taxable income will increase because of these changes that could bump your capital gains tax rate to a higher amount (from 15% to 20% for taxable income over $479,000).  One caveat to this issue is that it is highly dependent on other factors such as where you live.  Given the short amount of time left in the year it may not be possible to take advantage of these changes.

  • Pass-Through Business Limits – With the reduction of the corporate tax in the new tax bill, a corresponding change is made to the taxation of pass-through businesses (which do not pay the corporate tax) in order to keep them competitive. Those participating in a pass-through business will be able to deduct 20% of their allocable share of business income.  There are some limits to this, primarily if you earn more than $157,500 if single or $315,000 if married.  In addition, if you are in certain professional jobs such as accountants, doctors, or lawyers, the deduction will not apply unless you make under certain specified limits.  Still, small businesses may want to consider reorganizing in order to take advantage of these new tax savings.

  • Recently Purchased Business Equipment – One of the new provisions allows for the full and immediate expensing of qualifying capital investments (as opposed to gradual deductions). In addition, the provision will be applicable in the 2017 tax year for purchases made after September 27, 2017.  Businesses should speak to their tax professionals to consider if this applies to them or if they should purchase new equipment before the new year to include it on their 2017 return.

 

  • Limits of the Bill – One final point to note is that many of these changes will terminate in 2025 or earlier, at which time the tax code will revert to the old rules.  Therefore, consultation with a tax professional is encouraged to ensure that you will be receiving the best tax treatment now and in the future

 

© 2017 Vandenack Weaver LLC

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IRS Issues Guidance on Health Care Reporting Requirements for 2017

Vandenack Weaver LLC Individual Income Tax, Tax & Business , , , , ,

by Joshua A. Diveley

The IRS issued guidance October 17, 2017, indicating Forms 1040 for the 2017 tax year will not be accepted if the taxpayer does not report on the health coverage reporting requirements of the Affordable Care Act (ACA). For prior tax years, returns that did not report required ACA information were delayed for processing, but it did not prevent the return from ultimately being processed and any applicable refund from being issued.

In general, the ACA requires taxpayers to obtain minimum essential health insurance coverage for themselves and any dependents. If sufficient coverage is not obtained, the ACA imposes a penalty. Form 1040 directs taxpayers to report the existence or non-existence of essential coverage or whether an exemption from coverage applies.

The IRS guidance is available at: https://www.irs.gov/tax-professionals/aca-information-center-for-tax-professionals.

© 2017 Vandenack Weaver LLC
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IRS Use of Private Debt Collectors Begins April 2017

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Beginning this month as result of federal legislation enacted in December of 2015, the Internal Revenue Service will begin using private debt collectors to collect certain outstanding inactive tax receivables. The Fixing America’s Surface Transportation Act, in fact, requires the use of private collection agencies for certain tax debt that the IRS is no longer actively working on collecting.

The IRS has announced that CBE, Conserve, Performant, and Pioneer and the four private collection agencies that will be assigned collection matters. With the ever-present risk of tax related scams, the IRS has provided guidance regarding the procedures when the accounts are transferred to the private debt collection agencies.

First, a taxpayer will receive written notices from both the IRS and the private collection agency indicating that the private collection agency will be handling the collection. The private collection agency representatives are also required to identify themselves as debt collectors and will be required to follow the Fair Debt Collection Practices Act.

Taxpayers who are contacted by a private debt collector should ensure that the contract is from one of the above listed private debt collection agencies and that they have received the proper notices listed above. In the event a taxpayer is contacted regarding a tax debt, you may wish to confirm the accuracy of such debt using the IRS’s new balance check, available at https://www.irs.gov/uac/view-your-tax-account.

© 2017 Vandenack Weaver LLC
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IRS Warns Taxpayers About Recent Phone Scam

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The Internal Revenue Service (“IRS”) recently warned taxpayers that an aggressive phone scam that targets taxpayers, often senior citizens, is making rounds throughout the country and costing taxpayers millions of dollars and their personal information. The callers are con artists who claim to be IRS employees. The caller tells the victim taxpayer that the taxpayer owes money to the IRS and threatens the taxpayer with legal action if he or she refuses to pay. The caller often demands immediate payment with a prepaid debit card, gift card, or wire transfer.

The callers often alter caller IDs to make it look like the IRS is the true caller, know information about their victims, use fake names and IRS identification badge numbers, and leave urgent callback requests. Similarly, callers may tell taxpayers they have a refund due, in an attempt to trick taxpayers into sharing private information.

The IRS reminded taxpayers the IRS will never do any of the following:

• call to demand immediate payment using a specific payment method,
• threaten to immediately bring legal action against a taxpayer who refuses to pay,
• demand that a taxpayer pay taxes without providing the taxpayer the opportunity to question or appeal the amount the IRS claims the taxpayer owes,
• ask for credit or debit card numbers over the phone.

he IRS also reminded taxpayers it will work with private collection agencies for the collection of certain tax debts this year. However, the IRS reported that if a private agency calls, there will not be any threats or immediate payment demands and the call will typically occur only after the agency has mailed the taxpayer a notification about the debt.
The IRS urges taxpayers to protect their personal information at all times and to report scam calls to the IRS, the Federal Trade Commission, or the Treasury Inspector General for Tax Administration.

© 2017 Vandenack Weaver LLC
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Tax Related Identity Theft Awareness

Vandenack Weaver LLC Individual Income Tax, Tax & Business , , , ,

The holiday season is underway and while this is a time for family events and holiday parties, this is also the time that many identity theft scams occur. The Internal Revenue Service (IRS) started the process of alerting taxpayers about potential tax-related identity theft and to provide advice on how to prevent threats to your identity.

For prevention, the initial steps include ensuring use of security software on devices, use of secure wireless networks, and never providing sensitive data when replying to emails, texts, or pop-up ads. For individuals that are hit with tax-related identity theft, it may not become apparent until attempting to file taxes or receiving a notice from the IRS and finding out that a tax return has been filed on your behalf. When this occurs, file a complaint with the Federal Trade Commission (FTC) at https://www.identitytheft.gov/, file a report with the credit agencies, and contact the IRS. Importantly, regardless of the situation, ensure that your taxes are filed and paid, even if it requires filing in paper form.

Taking steps now to add layers of security for your social security number and other sensitive data can help prevent tax-identity theft in the future. If you have questions, please contact the attorneys at Vandenack Weaver LLC.

© 2016 Vandenack Weaver LLC
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Preparing for January 31st Deadline to File W-2s

Vandenack Weaver LLC Business Taxation, Employment Law, Employment Tax, Individual Income Tax , , , ,

Effective for wages paid in 2016, recent federal law requires employers to file W-2s with the Social Security Administration by January 31,, 2017.  Employers are familiar with the January 31st deadline for providing copies of the W-2s to employees; however, previously, employers had until the end of March for electronic filings with the Social Security Administration. The earlier filing deadline is part of the increased focus on detecting and preventing refund fraud.

A 30-day extension is still available; however, the extension is not automatic and is generally only granted under extraordinary circumstances, such as a natural disaster. Applications for extensions are submitted on Form 8809.

Employers must be aware of the filing deadline to avoid penalties, which are determined as follows:

  • $50 per Form W-2 if you correctly file within 30 days of the due date;
  • $100 per Form W-2 if you correctly file more than 30 days after the due date but by August 1; or
  • $260 per Form W-2 if you file after August 1, do not file corrections, or do not file required Forms W-2.

© 2016 Vandenack Weaver LLC
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Non-Resident Income Tax Withholding for Mobile Employees

Vandenack Weaver LLC Business Taxation, Employment Law, Individual Income Tax, Tax & Business , ,

Having employees work outside the traditional office is becoming more common, especially as technology and travel make it easier to work from different locations. This trend coincides with state governments having persistent budget shortfalls, leading to state audits of employers for income tax withholding. These events have given rise to new problems for employers because of state income tax rules for non-resident employees. Often, this problem becomes pronounced when an employer is located on the border, between states, such as an Omaha employer having Iowa residents as employees.  States are now looking to ensure that non-residents working in their state are paying the proper amount of income taxes, and to the right state.

Every state has unique rules for employer income tax withholding of non-resident employees, but in Nebraska, the employer is responsible for withholding income tax for all non-resident employees working in Nebraska. For example, an Iowa employee working for a Nebraska company must have income tax withheld for the state of Nebraska at the same rate as any Nebraska resident. If the company is not a Nebraska employer, the employer must still withhold Nebraska income tax when the employee performs services in Nebraska and transacts business greater than $600 or maintains an office in the state.

These rules can become complicated for the human resources department, but if not properly evaluated, it may trigger an inadvertent violation. For example, if an employer allows an employee to regularly work from home, but the employee lives in another state, it may be possible that the employer is responsible to the other state for withholding. To avoid these problems, ensure that clear policies for working remotely exist and that the employer has a clear understanding of where employees spend substantial time working.

© 2016 Vandenack Weaver LLC
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IRS Shuts Down E-file PIN Tool

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In response to recent cyber-attacks on the Electronic Filing PIN App (“e-file PIN”), the Internal Revenue Service (“IRS”) announced the e-file PIN capability is no longer available online or through the toll-free phone service.  Prior to the shutdown, taxpayers could use the e-file PIN tool as an alternative method for signature verification on individual tax returns.

In February, the IRS announced that criminals attacked the system and accessed more than 100,000 e-file PIN numbers, but did not steal taxpayer information.   The IRS did not close down the system at that time and instead elected to provide more security, noting the program’s application programming interface was embedded in most commercial return preparation software and a shutdown would cause a major disruption.  The IRS planned to shut down the program later this year, but additional attacks prompted an earlier shut down.

The IRS reports that only a small number of taxpayers used the e-file PIN tool, so the effect on taxpayers should be minimal.  Most taxpayers opted to use their adjusted gross income from their prior-year tax return to authenticate their returns.  Taxpayers who have not filed their tax returns this year and need a replacement e-file PIN will need assistance from their respective tax software providers.

  © 2016 Vandenack Williams LLC
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