Gambling and Tax Gotchas

Article Highlights:

Winnings
Losses
Social Security Income
Health Care Insurance Premium Subsidies
Medicare B & D Premiums
Online Gambling Accounts

Gambling is a recreational activity for many taxpayers, and as one might expect, the government takes a cut if you win and won’t allow you to claim a loss in excess of your winnings. In fact, there are far more tax issues related to gambling than you might expect, and they may impact your taxes in more ways than you might believe. Here is a rundown on the many issues, the so-called ‘gotchas,’ that can affect you. Reporting Winnings – Taxpayers must report the full amount of their gambling winnings for the year as income on their 1040 returns. Gambling income includes, but is not limited to, winnings from lotteries, raffles, lotto tickets and scratchers, horse and dog races, and casinos, as well as the fair market value of prizes such as cars, houses, trips, or other non-cash prizes. The full amount of the winnings must be reported, not the net after subtracting losses. The exception to the last statement is that the cost of the winning ticket or winning spin on a slot machine is deductible from the gross winnings. For example, if you put $1 into a slot machine and won $500, you would include $499 as the amount of your gross winnings, even if you’d previously spent $50 feeding the machine. Frequently, taxpayers with winnings only expect to report those winnings included on Form W-2G. However, while that form is only issued for ‘Certain Gambling Winnings,’ the tax code requires all winnings to be reported. All winnings from gambling activities must be included when computing the deductible gambling losses, which is generally always an issue in a gambling loss audit.
GOTCHA #1 – Since you can’t net your winnings and losses, the full amount of your winnings ends up in your adjusted gross income (AGI). The AGI is used to limit other tax benefits, as discussed later. So, the higher the AGI, the more your other tax benefits may be limited.
Reporting Losses – A taxpayer may deduct gambling losses suffered in the tax year as a miscellaneous itemized deduction (not subject to the 2% of AGI limitation), but only to the extent of that year’s gambling gains.
GOTCHA #2 – If you don’t itemize your deductions, you can’t deduct your losses. Thus, individuals taking the standard deduction will end up paying taxes on all of their winnings, even if they had a net loss.
Social Security Income – For taxpayers receiving Social Security benefits, whether those benefits are taxable depends upon the taxpayer’s income (AGI) for the year. The taxation threshold for Social Security benefits is $32,000 for married taxpayers filing jointly, $0 for married taxpayers filing separately, and $25,000 for all other filing statuses. If the sum of AGI (before including any SS income), interest income from municipal bonds, and one-half the amount of SS benefits received for the year exceeds the threshold amount, then 50–85% of the SS benefit is taxable.
GOTCHA #3 – If your gambling winnings push your AGI for the year over the threshold amount, your gambling winnings—even if you had a net loss—can cause up to 85% of your Social Security benefits to become taxable.
Health Insurance Subsidies – Lower income individuals who purchase their health insurance from a government marketplace are given a subsidy in the form of a tax credit to help pay the cost of their health insurance. Most people eligible for the tax credit use it to reduce their monthly health insurance premiums. That tax credit is based upon the AGIs of all members of the family. The higher the family income, the lower the subsidy becomes.
GOTCHA #4 – The addition of gambling income to your family’s income can result in significant reductions in the health insurance subsidy, requiring you to pay more for your family’s health insurance coverage for the year. Additionally, if your subsidy was based upon your estimated income for the year, if your premiums were reduced by applying the subsidy in advance, and if you subsequently had some gambling winnings, then you could get stuck with paying back some or all of the subsidy when you file your return for the year.
Medicare B & D Premiums – If you are covered by Medicare, the amount you are required to pay (generally withheld from your Social Security benefits) for Medicare B premiums is normally $144.60 per month and is based on your AGI two years prior. However, if that AGI was above $87,000 ($174,000 for married taxpayers filing jointly), the monthly premiums can increase to as much $491.60. If you also have prescription drug coverage through Medicare Part D, and if your AGI exceeds the $87,000/$174,000 threshold, your monthly surcharge for Part D coverage will range from $12.20 to $76.40 (2020 rates).
GOTCHA #5 – The addition of gambling winnings to your AGI can result in higher Medicare B & D premiums.
Online Gambling Accounts – If you have an online gambling account, there is a good chance that the account is with a foreign company. All U.S. persons with a financial interest or signature authority over foreign accounts with an aggregate balance of over $10,000 anytime during the prior calendar year must report those accounts to the Treasury by the April due date for filing individual tax returns or face draconian penalties.
GOTCHA #6 – Regardless of whether you are a gambling winner or loser, if your online account was over $10,000, you will be required to file FinCEN Form 114 (Report of Foreign Bank and Financial Accounts), commonly referred to as the FBAR. For non-willful violations, civil penalties up to $10,000 may be imposed; the penalty for willful violations is the greater of $100,000 or 50% of the account’s balance at the time of the violation. The $10,000 and $100,000 penalty amounts are subject to adjustment for inflation, and after February 19, 2020 are $13,481 and $134,806, respectively.
Other Limitations – The aforementioned are the most significant ‘gotchas.’ Numerous other tax rules limit tax benefits based on AGI, as discussed in gotcha #1. These include medical deductions, certain casualty losses, child and dependent care credits, the Child Tax Credit, and the Earned Income Tax Credit, just to name a few. If you have questions related to gambling and taxes, please call this office.

Posted in Tax

Is a Living Trust Appropriate for You?

Article Highlights:

What Is a Living Trust?
Is a Living Trust Appropriate?
Establishing a Living Trust
Pros of a Revocable Trust
Cons of a Revocable Trust

You have probably heard others discussing living trusts but may not understand the reasons for them or whether you should have one. Living trusts are an estate-planning tool, and there is not a one-type-fits-all living trust. Each one is customized to suit the special circumstances of the individual for whom it was created. The vast majority of the population can get by without using a living trust, and a simple will is perfect for most people, unless their estate is large or there are some special circumstances to deal with. There actually are two types of these trusts: revocable and irrevocable. As the names imply, an irrevocable trust generally cannot be undone once made, while the provisions of a revocable trust can be changed or rescinded as long as the grantor (the individual who established the trust) is still living. A living trust becomes irrevocable when the grantor passes. Because an irrevocable trust would only be established under very special circumstances, they aren’t discussed in this article. While you can designate your beneficiaries in either a will or a living trust, there are some things that only one document or the other can do. So, even if you create a living trust, you may still need a will. Because these are legal documents, it is probably best to have the assistance of an attorney in preparing them, although do-it-yourself software does exist. Yes, you’ll have to pay legal fees to have the work done by a lawyer, but the cost of a professional’s expertise oftentimes will pay for itself by having all the I’s dotted and T’s crossed. Unfortunately, these legal fees aren’t tax-deductible. When a living trust is established, generally, all of an individual’s assets are assigned to the trust, including the home, rentals, stock accounts, bank accounts, etc. However, while living, the grantor still gets the use and benefit of these assets, just as if the living trust had not been established, and income and capital gains derived from assets in the trust are reported on the individual’s 1040 and state (if applicable) tax returns. As part of the process of setting up the living trust, the assets placed into the trust will need to be retitled into the trust’s name. Generally, the benefits of a living trust outweigh the negative implications. Here is a condensed rundown of the pros and cons of a living trust: Some of the Pros of a Revocable Trust: Avoid Probate – Probate is the legal process through which the court ensures that, when an individual dies, their debts are paid and their assets are distributed according to the individual’s will, if there is one, or in accordance with state law if there’s no will or trust. Upon the grantor’s death, all of the assets held in the revocable trust bypass probate, meaning they pass to the grantor’s beneficiaries without having to go through the often time-consuming and expensive probate court process. Probate can take a long time, and the proceedings are a public process. Maintain Control of Assets after Death – A living trust can include provisions to delay distributions to children until they reach a specific age and to help protect assets from falling into the hands of creditors or an ex-spouse. Distributions can be designed to fit the heirs’ circumstances. Reduce the Possibility of a Court Challenge – A living trust is often more difficult to challenge than a will because it is harder to prove incompetence. Prevent Conservatorship – If the grantor becomes incapacitated, then a living trust can protect the family from undergoing a conservatorship process. A conservatorship is when a court-appointed representative is given the authority to manage an incapacitated person’s financial matters for them. Instead, with a living trust, if the grantor ever reaches the point where they are unable to manage their own affairs, a successor trustee who is already named in the trust by the grantor will step in. That trustee has a fiduciary responsibility to manage the trust’s assets for the grantor’s benefit. Some of the Cons of a Revocable Trust: Additional Paperwork – A disadvantage of a living trust is the additional paperwork required in assigning ownership of the grantor’s assets to the trust. To be fully effective, the ownership of all of the grantor’s property must be legally transferred to the “grantor as the trustee.” If an asset has a title (e.g., real estate, stocks, mutual funds), then the title should be changed to show that the property is now owned by the trust. No Tax Benefits – Shifting assets to a revocable trust does not save income or estate taxes. Until the trust becomes irrevocable upon the grantor’s death, the grantor is still responsible for all tax issues related to assets included in the trust. Thus, the grantor should continue to implement appropriate tax strategies. Lacks Asset Protection – Assets held within a revocable trust are treated as being owned by the grantor and are within the reach of creditors. Difficulty Refinancing Trust Property – Since the legal title of real estate is held in the trustee’s name, some banks and title firms may balk if the grantor wants to refinance the property. Providing a copy of the trust document, which specifically gives the grantor, as trustee, the power to borrow against the trust’s property, should satisfy their concerns. Otherwise, it may be necessary to remove the asset from the trust temporarily by retitling it in the grantor’s own name and then reversing the procedure once the refinancing has been completed. If you have general questions related to living trusts, please give this office a call.

VIDEO: Unable to Keep Up with Your Home Mortgage Payments?

If you are receiving temporary home mortgage relief under the CARES Act or in danger of having your home repossessed, know that any debt relief can have an impact on your taxes. Watch this video to find out more.
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Local SEO: What Factors Affect Your Local Search Rankings?

How can tax and accounting practices rank higher for local search results?

It all comes down to focusing on a combination of the most influential local SEO ranking factors. Google’s algorithm for local search is fluid and complex, so it can be difficult to know where to spend your time and resources to improve your chance for high ranks.

It’s getting harder and harder to rank on search as a local business. The SEO landscape has changed, and it’s not just the major nationwide brands who are optimizing for search; local SEO is becoming more competitive as well.

2020 Key Local Ranking Factors

At their recent Local Search Summit (September 2020), Whitespark announced the initial findings of their latest Local Search Ranking Factors survey. The insights they shared can help local businesses like CPAs, EAs, and tax and accounting firms to prioritize which aspects to allocate resources to.

These were the most important ranking factors for local pack and localized organic rankings in 2020, based on Whitespark’s report:

Local Pack

  1. Google My Business (33%)
  2. Reviews (16%)
  3. On-Page & Links (15% – tie)
  4. Behavioral (8%)
  5. Citations (7%)
  6. Personalization (6%)

Local Organic

  1. On-Page (32%)
  2. Links (31%)
  3. Behavioral (10%)
  4. Google My Business & Personalization (7% – tie)
  5. Citations & Reviews (6% – tie)

These rankings were based on what local search experts said were the most important ranking factors to local pack and localized organic results.

For reference, “local pack” and “local organic” are referring to these types of search results:

BrightLocal averaged out the the combination of both factors for those businesses who are looking to improve their rankings in both:

  1. On-page optimization (24%)
  2. Links (23%)
  3. GMB (20%)
  4. Reviews (11%)
  5. Behavioral (9%)
  6. Citations & Personalization (7% – tie)

Remember: prioritization is never as simple as just dividing your time/efforts up by these exact percentages. Some of the factors are more time-intensive and others can be outsourced.

Trends of Local Ranking Factors Over Time

As Google’s algorithms change over time, it can be helpful to look at how the significance of local ranking factors evolve as well. This chart, also from BrightLocal, clearly indicates the exponential growth of Google My Business (GMB) Signals and their influence on local rank.

Source: BrightLocal

As you can see, GMB signals have remained the most important factor since 2013 – and by even higher margins since 2017. This is, of course, unsurprising: Google wants businesses to use their products, so they make it almost impossible to succeed in search without GMB.

That being said, it’s actually a positive for businesses. GMB is one more place to get your brand in front of consumers, and it’s often in the moment when they’re searching for services like yours – aka when they have purchase intent.

It’s imperative to keep your GMB listing optimized on an ongoing basis. 64% of consumers have used GMB listings to find a local business’s address or phone number, and GMB is the 2nd most trusted source to find accurate and up-to-date contact information (behind only the business’s website).

How CountingWorks PRO Can Improve Practices’ Local Search Rankings

Most of the most important factors for Local Pack and Localized Organic results can be improved through your CountingWorks PRO subscription without needing to lift a finger.

As mentioned above, GMB is crucial to your SEO success as a local business – and it’s one of our specialties.

We will claim your GMB listing and work with you to verify your practice locations. Then, our team optimizes the content of your listing, ensuring your list of services, name/address/phone number, and other business information is accurate and consistent. We also lock in your data so outside users cannot touch your information, update your data for you as needed, and connect your GMB listing to your website.

Additionally, we’ll create logo and cover images for you to give your listing a professional look. With our Social Pro add-on, we provide frequent automated blog posting to your GMB to improve the quality of your listing, and we offer done-for-you review campaigns to drive customer reviews for your listing.

If you’d like to learn more about our SEO and GMB services, or have questions about local search factors and how to improve your rankings, contact us today at 1-800-442-2477 x3 or set up some time to speak with one of our digital marketing experts.

The post Local SEO: What Factors Affect Your Local Search Rankings? appeared first on Website and Marketing Automation Software for Accountants | CountingWorks PRO.

Solar Tax Credit is Sunsetting Soon

Article Highlights:

Solar Credit Phasing Out
Qualifying Property
When is the Credit Available?
Who Gets the Credit
Multiple Installations
Battery
Installation Costs
Basis Adjustment
Association or Cooperative Costs
Mixed-Use Property
Newly Constructed Homes
Utility Subsidy
Solar Installations are Not for Everyone

A federal tax credit for the purchase and installation costs of a residential solar system is fading away. After being 30% of the cost for several years through 2019, the credit amount drops to 26% in 2020 and then 22% in 2021, the final year of the credit. The credit is non-refundable, meaning it can only reduce an individual’s tax liability to zero. However, the portion of credit that is not allowed because of this limitation may be carried to the next tax year and added to the credit allowable for that year. The tax code infers that any credit carryover can be added to the credit allowed in the subsequent year. However, what is unclear is whether any carryover will be allowed to 2022 once the credit expires at the end of 2021. In addition to the credit reducing the regular tax, it also reduces the alternative minimum tax should a taxpayer be subject to it. Qualifying Property – Only the following solar power systems are eligible for the credit:

Qualified solar electric property – property that uses solar energy to generate electricity for use in a home that is the taxpayer’s main or second residence.
Qualifying solar water heating property – qualifies if used in a dwelling located in the U.S. that is used by the taxpayer as a main or second residence where at least half of the energy used to heat water is derived from the sun. Heating water for swimming pools or hot tubs does not qualify for the credit. The solar equipment must be certified for performance by the Solar Rating Certification Corporation or a comparable entity endorsed by the state government where the property is installed.

When Is the Credit Available? – The credit may be claimed on the tax return of the year during which the installation is completed, so if a taxpayer has purchased and paid for a system and it is completed in 2020, the credit will be 26% of the cost. But if the project isn’t completed until 2021, the credit will only be 22%. This becomes an even a bigger issue for systems being installed during 2021 that aren’t completed before 2022, when the credit rate will be zero. If you plan to purchase a solar system in 2021, the purchase should be made early enough in the year to ensure the installation is completed before 2022. Who Gets the Credit – It may come as a surprise, but the taxpayer need not own the residence where the solar property is installed to qualify for the credit, as the taxpayer need only be a “resident” of the home. The tax code does not specify that an individual has to own the home, only that it is the taxpayer’s residence. For example: A son lives with his mother, who owns the home. The son pays to have the solar system installed; the son is the one who qualifies for the credit. Multiple Installations – The credit is available for multiple installations. For instance, after the initial installation, if a taxpayer adds additional panels to increase capacity, these would be treated as original installations and qualify for credit at the credit rate applicable for the year the additional installation is completed, provided that the installation is done before 2022. On the other hand, if a taxpayer had to replace damaged panels or perform other maintenance on the system, these items would not be an original system and their costs would not qualify for the credit. Battery – A battery qualifies for the credit if it’s charged only by solar energy and not off the grid. This has become popular in areas where there are frequent power outages. However, this may be more of a convenience than a necessity, so carefully consider the cost. A software-management tool—whether part of the original installation or added later (before 2022)—also qualifies for the credit in cases in which the software is necessary to monitor the charging and discharging of solar energy from a battery attached to solar panels. Installation Costs – Amounts paid for labor costs allocable to onsite preparation, assembly, or original installation of property eligible for the credit, and for piping or wiring connecting the property to the residence, are expenditures that qualify for the credit. This includes expenditures relating to a solar system installed on a roof or ground-mounted installations. Basis Adjustment – The term basis is generally the cost of a home plus improvements and is the amount subtracted from the sales price to determine the gain or loss when the home is sold. The cost of a solar system adds to a home’s basis, and the credit reduces the basis. This will generally create a different basis for federal and state purposes where a state does not provide a solar credit or it differs from the federal solar credit amount. Association or Cooperative Costs – A taxpayer who is a member of a condominium association for a condominium they own, or a tenant-stockholder in a cooperative housing corporation, is treated as having paid their proportionate share of any qualifying solar system costs incurred by the condo or cooperative association or corporation. Mixed-Use Property – In cases where a portion of a residence is used for deductible business use or is rented to others, the expenses must be prorated and only the personal portion of the qualified solar costs can be used to compute the credit. There is an exception when less than 80% of the property is used for non-business purposes, in which case the full amount of the expenditures is eligible for the credit. Newly Constructed Homes – If you are planning on purchasing a newly constructed home that includes a solar system, you may be entitled to claim the solar credit. However, to do so, the costs of the solar system must be separate from the home construction costs and certification documents must be available. Utility Subsidy – Some public utilities provide a nontaxable subsidy (rebate) to their customers for the purchase or installation of energy-conservation property. In that case, the cost of the solar system that’s eligible for the credit must be reduced by the amount of the nontaxable subsidy that was received. Solar Installations are Not for Everyone – There are TV ads, telemarketing phone calls and sales people at your front door all promoting the benefits of solar power, and one of the key considerations and a frequently mentioned benefit is the federal tax credit. What isn’t included in the ads—and something most potential buyers are unaware of—is that the solar credit is a nonrefundable tax credit, meaning the credit can only be used to offset your tax liability. This can come as a very unpleasant surprise and is often a financial hardship when the purchaser of a home solar system finds out that the credit is nonrefundable and that they won’t benefit from the full credit. For example, a married couple with three children, all under age 17, and an annual income of $80,000 installed a solar system costing $20,000 in 2020, expecting a $5,200 ($20,000 x 26%) credit on their tax return. Their standard deduction in 2020 is $24,800, leaving them with a taxable income of $55,200. The tax on the $55,200 is $6,229. They are also entitled to a $2,000 child tax credit for each child, which reduces their tax liability by $6,000 and results in a tax liability of $229. Since the solar credit is nonrefundable, the only portion of the credit they can use is $229, not the $5,200 they had expected. On top of that, the family is probably financing the solar system, which significantly adds to the system’s cost. If the entire $20,000 cost were financed by a 5% home equity loan for 20 years, then the interest on that loan over its term would be $11,678, bringing the total cost of the solar system to $31,678 or a monthly cost of $132. In lieu of purchasing a solar system, some homeowners opt to lease a system. This arrangement is not eligible for the solar credit. As you can see, there is a lot to consider before making the final decision to install a solar system. Is it worth it, and is it the right financial move for you? Please call for a consultation before signing any contract to make sure a solar system is appropriate for you.

Posted in Tax

Keeping Your Designated IRA Beneficiary Current is Important

Article Highlights:

How Naming Beneficiaries Impacts Traditional IRA Distributions 
The Impact of Naming Your Trust as a Beneficiary 
IRA Beneficiary Taxation 

Keeping your designated IRA beneficiary current is very important. You may not want your account going to your ex-spouse, and you certainly do not want a deceased individual to be your beneficiary. In addition, the decision concerning whom you wish to designate as the beneficiary of your traditional IRA affects:

The minimum amounts you must withdraw from the IRA when you reach age 72; 
Who will get what remains in the account after your death; and 
How that IRA balance can be paid out to beneficiaries. 

What’s more, a periodic review of your named IRA beneficiaries is vital to ensure that your overall estate planning objectives will be achieved in light of changes in the performance of your IRAs and your personal, financial, and family situations. For example, if your spouse was named your beneficiary when you first opened the account several years ago and you’ve subsequently divorced, your ex-spouse will remain the beneficiary of your IRA unless you notify your IRA custodian to change the beneficiary designation. The issue of naming a trust as the beneficiary of an IRA comes up regularly. There is no tax advantage to naming a trust as the IRA beneficiary. Of course, there may be a non-tax-related reason, such as controlling a beneficiary’s access to money; thus, naming a trust rather than an individual(s) as the beneficiary of an IRA could achieve that goal. However, that is not typically the case. Generally, trusts are drafted so that IRA-required minimum distributions (RMDs) will pass through the trust directly to the individual trust beneficiary and, therefore, be taxed at the beneficiary’s income tax rate. However, if the trust does not permit distribution to the beneficiary, RMDs will be taxed at the trust level, which has a tax rate of 37% on any taxable income in excess of $12,950 (2020 rate). This high tax rate applies at a much lower income level than for individuals. Distributions from traditional IRAs are almost always taxable whether they are paid to you or, upon your death, to your beneficiaries. A portion of a traditional IRA’s distributions will be nontaxable if some of the contributions to the IRA weren’t deducted on the IRA owner’s tax return when the contributions were made, but this situation isn’t very common. Once you reach age 72, you are required to begin taking distributions from your IRA. If your spouse is your beneficiary, he or she can delay distributions until he or she reaches age 72 if your spouse is under age 72 upon inheritance of your IRA. The rules, which changed as a result of legislation enacted toward the end of 2019, are tougher for non-spousal beneficiaries of individuals dying in 2020 or later, since the entire inherited IRA must be distributed to them by the end of the 10th year after the IRA owner’s death. There are two exceptions to the 10-year distribution rule:

A child (but not a grandchild) beneficiary of the deceased IRA owner will receive distributions based on life expectancy but must distribute the entire remaining balance of the IRA within 10 years after the year the child reaches the age of majority (usually 18 or 21, depending on state law). 
For any individual who is not more than 10 years younger than the deceased or who is disabled or chronically ill, the remaining account balance generally may be distributed over the life expectancy of the beneficiary, beginning in the year following the death of the deceased IRA owner. 

Beneficiaries of IRA owners who died before 2020 are allowed to continue to take required withdrawals over their lifetimes. To ensure that your IRA will pass to your chosen beneficiary or beneficiaries, be certain that the beneficiary form on file with the custodian of your IRA reflects your current wishes. These forms allow you to designate both primary and alternate individual beneficiaries. If there is no beneficiary form on file, the custodian’s default policy will dictate whether the IRA will go first to a living person or to your estate. These distribution rules, as well as the caution to keep beneficiary designations up-to-date, also apply to employer retirement plans such as 401(k)s. This is a simplified overview of the issues related to naming a beneficiary and the impact on post-death distributions. Uncle Sam wants the tax paid on the distributions, and the rules pertaining to how and when beneficiaries must take taxable distributions can be very complicated. It may be appropriate to consult with this office regarding your particular circumstances before naming beneficiaries.

Video: October’s Extended Deadline Is Fast Approaching

The tax filing extension deadline, October 15th, is just around the corner. Here is a quick reminder of what you need to know.
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Posted in Tax

Tax Consequences of Losing Your Job

Article Highlights:

Severance Pay
Unemployment Compensation
Health Insurance
Employer Pension Plan
Coronavirus-related Distributions
Home Sale

If you have lost your job, there are a number of tax issues you may encounter. How you deal with these issues can profoundly impact your taxes and finances. The following are typical issues related to tax treatment: Severance Pay – Your employer may provide you with severance pay. Severance pay and payment for unused vacation time will be included in your W-2 income, and both are fully taxable. Unemployment Compensation – If you do not find another job right away, you generally qualify for unemployment compensation. Unemployment benefits, both the regular benefits you receive from your state unemployment department and the enhanced unemployment payments during the COVID-19 emergency, are taxable for federal purposes and may or may not be taxable by your state of residence. To minimize the tax you may owe when you file your 2020 tax return, you may want to request federal income tax withholding of 10% of the unemployment benefit amount. Do that by submitting a Form W-4V (Voluntary Withholding Request) to your state’s unemployment office. Health Insurance – If you lose your job and you had health insurance through your employer’s group health coverage plan, you will need to determine your available options for continued coverage via COBRA or a replacement policy. If you give up coverage, you may be subject to penalties in some states for not being insured.

COBRA Coverage – The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires continuation coverage to be offered to covered employees, their spouses, former spouses, and dependent children when group health coverage would otherwise be lost. COBRA continuation coverage is often more expensive than the amount that active employees are required to pay for group health coverage because the employer usually pays part of the cost of employees’ coverage, whereas 102% of the total cost can be charged to individuals receiving continuation coverage (the extra 2% covers administration costs). COBRA generally applies to private-sector employers with 20 or more employees and state or local governments that offer group health coverage to their employees. In most cases, COBRA coverage is limited to 18 months.
Health Insurance Marketplace Coverage – When existing health coverage is lost, a family may purchase health insurance through a government health insurance marketplace outside of the normal enrollment window. In addition, depending upon your income for the year, you may qualify for the premium tax credit for the part of the year when you don’t have coverage through your employer, which will help pay for the insurance. If your coverage was already through a marketplace and not your employer, you should notify the Marketplace that you’ve lost your job and that your income has decreased, as you may then be eligible for a higher advance premium tax credit. However, also advise the Marketplace once you are employed again so that appropriate adjustment can be made to the advance premium tax credit amount. This may alleviate having to repay some of the credit when you file your 2020 return.

Employer Pension Plan – Depending upon the provisions of your employer’s pension plan, you may have the option of leaving your retirement funds in the employer’s plan or moving the funds to your IRA account. You can have the funds transferred to your IRA or take a distribution and roll it into your IRA within 60 days. However, this is where a tax trap exists; for a distribution, the employer is required to withhold 20% for federal taxes, meaning only 80% of the funds will be available to roll over and the remaining 20% will end up being taxable unless you can make up the difference with other funds. In the event you ever want to roll those funds into a new employer’s retirement plan, those retirement distributions should not be comingled with other IRA accounts. Should you be tempted not to roll the funds over, be aware that the distribution will generally be taxable, and if you are under the age of 59½ there will also be a 10% early withdrawal penalty. However, the CARES Act allows qualified taxpayers to make COVID-19-related distributions from qualified plans or IRAs (not to exceed $100,000 from January 1, 2020 to December 31, 2020) and receive favorable tax treatment. These distributions are penalty-free; they are taxed over three years and can be redeposited to an IRA or qualified plan within three years. Home Sale – If you relocate and have to sell your home and have owned and occupied the home as your primary residence for 2 of the previous 5 years, you will be able to exclude up to $250,000 of the gain ($500,000 if you are married and you and your spouse qualify for the exclusion). If you do not meet the 2-out-of-5-years qualifications, you will be allowed a prorated gain exclusion because you have lost your job.As you can see, there are a number of issues that may apply when a job loss occurs. This is even more relevant during the coronavirus emergency. To learn more about how these issues might affect your particular situation, please give this office a call.

How to File Taxes After Moving to a New State

Moving to a new state can be an awesome new adventure. Whether you are moving for a new job, to be closer to family, to retire, or for some other reason. No matter what takes you to your new residence, you can’t forget about taxes. Here’s what you need to know about filing taxes in your new state as you settle into your new routine. Be Sure to Establish Residency in Your New State Even if you haven’t sold your home or severed all ties with your previous hometown, you will need to make as many connections with your new residence as possible.

Be sure to change your mailing address
Get your driver’s license and voter registration in your new state
Register children for school (if applicable) in your new state
Move your personal belongings and family pets to your new home

This will help to prove that you have fully moved from the original state and are no longer subject to taxes there as a resident. Cut Ties with Your Previous Jurisdiction If you have a second home in another state or you are still working or doing business in your previous state, you may still qualify as a resident in that state for tax purposes. If you still have ties in your previous state, make sure you understand the residency qualifications so that you can avoid any unexpected surprises at tax time. Determine What Kind of Tax Return Is Required Unless you moved on January 1st of the calendar year, you are likely – at a minimum – a part-year resident of each state. This typically means that you will allocate your income, deductions, credits, and other tax items based on the number of days you lived in each state. You would file a part-year tax return in each state, unless the state that you are moving from or moving to does not have a state income tax requirement. Check Your Eligibility for Tax Credits and Other Tax Benefits That You May Be Eligible for in Your New State The forms that each taxpayer may use are consistent when completing your federal tax return. However, no two states are exactly alike when it comes to filing a tax return. Credits and other benefits that you may be eligible for in one state may not apply in another state. You may find that you now qualify for special credits or other incentives not previously available to you. Get Help from a Local Tax Professional When it comes to doing your taxes, it’s best not to go it alone if you’re unsure of the steps to take when completing your tax forms. We have years of experience when it comes to filling out the forms you need, and we can help you with things like tax planning and identifying tax credits and deductions that you might not be aware of. Our practice can also help you to avoid mistakes when completing your tax return that can result in costly interest and penalties. Contact us for more information.

Posted in Tax

Foreign Account Reporting Due October 15

Article Summary:

Foreign-Account Reporting Requirement
Financial Crimes Enforcement Network
Penalties for Failure to File
Types of Accounts Affected
Form 8938 Filing Requirements

All United States entities (including citizens and resident aliens as well as corporations, partnerships, and trusts) with financial interests in or authority over one or more foreign financial accounts (e.g., bank accounts and securities) need to report these relationships to the U.S. Treasury if the aggregate value of those accounts exceeds $10,000 at any time during the year. Failure to file the required forms can result in severe penalties. The U.S. government wants this information for a couple of pretty obvious reasons. One, foreign financial institutions may not have the same reporting requirements as U.S.-based financial institutions. For example, they probably won’t issue the 1099 forms to report interest, dividends and sales of stock. By requiring those in the U.S. to divulge their foreign account holdings, the IRS can more easily cross-check to see if foreign income is being reported on the individual’s tax return. The second (and probably more significant) reason is that the information in the report can be used to identify or trace funds used for illegal purposes or to identify unreported income maintained or generated overseas. Due Date and Extension – For 2019, the due date for filing this report was April 15, 2020, but the government grants an automatic extension to October 15, 2020 for those who didn’t file by April 15. This filing, the Report of Foreign Bank and Financial Accounts (FBAR), is not made with the IRS; rather, it involves completing Bank Secrecy Act forms and filing them electronically through the U.S. Treasury’s Financial Crimes Enforcement Network. Failure to Report Penalties – A civil penalty of up to $10,000 may be imposed for a non-willful failure to report; the penalty for a willful violation is the greater of $100,000 or 50% of the account’s balance at the time of the violation. Both the $10,000 and $100,000 amounts are subject to inflation adjustment, which, as of February 2020, brings them to $13,481 and $134,806, respectively. A willful violation is also subject to criminal prosecution, which can result in a fine of up to $250,000 and jail time of up to five years.
CAUTION: On Schedule B of the Form 1040 tax return, you must state whether you have a financial interest in or signature authority over one or more foreign financial accounts. If you answer yes but don’t file the FBAR, your failure to file may be considered willful, which could subject you to the larger fine and jail time.
Financial Account – The term ‘financial account’ includes securities; brokerage, savings, checking, deposit and time deposit accounts; commodity futures and options; mutual funds and even nonmonetary assets (e.g., gold). Such an account is classified as ‘foreign’ if the financial institution that holds it is located in a foreign country. Shares of a foreign stock or of a mutual fund that invests in foreign stocks are not considered foreign if they are held in an account at a U.S. financial institution or brokerage, so they do not need to be reported under the FBAR rules. In addition, an account maintained at a branch of a foreign bank is not considered a foreign financial account if the branch is physically located in the U.S. Unforeseen Foreign Accounts – You may have an FBAR requirement and not even realize it. For instance, say that you have relatives in a foreign country who have put your name on their bank account in case of an emergency; if the value of that account exceeds $10,000 at any time during the year, you will need to file the FBAR. The same would be true if your name was added to several of your foreign relatives’ smaller-value accounts that add up to more than $10,000 at any time during the year. As another example, if you gamble at an online casino that is located in a foreign country and your account exceeds the $10,000 limit at any time during the year, you will need to file the FBAR. Additional Filing Requirements – You may also have to file IRS Form 8938, which is similar to the FBAR but applies to a wider range of foreign assets and has a higher dollar threshold. This form is filed with your income tax return. If you are married and filing jointly, you must file Form 8938 if the value of your foreign financial assets exceeds $100,000 at the end of the year or $150,000 at any time during the year. If you live abroad, these thresholds are $400,000 and $600,000, respectively. For other filing statuses, the thresholds are half of the amounts above. The penalty for failing to file Form 8938 is $10,000 per year; if the failure continues for more than 90 days after the IRS provides notice of your failure to file, the penalty can be as high $50,000. As you can see, failure to comply with the foreign-account reporting requirements can lead to very severe repercussions. Please call this office if you have questions or need assistance meeting your foreign account reporting obligations.