Missouri Sales Tax Issues for Professional Photographers

Missouri has special rules for sales taxes for photographers

Professional photographers have unique issues when it comes to Missouri sales taxes.

 

I work with quite a few professional photographers and I’m always being asked about Missouri sales tax.  There seem to be different answers about what is considered taxable and non-taxable here in Missouri.  Well, I decided to get to the bottom of this – I called the Missouri Department of Revenue and this is what they told me.

 

Service – is not subject to sales tax.  So if you perform the service of photographing a wedding (for example) the service portion of your work is not subject to sales tax.

 

Product – is subject to sales tax.  So, if you produce a tangible product that you can hold in your hand – like a wedding album – that product is subject to sales tax.  Even if you ship that product out of the state–it’s going to be subject to Missouri sales tax.  Note – that’s for photographers only!  Let’s say you manufacture a product – like wedding garters for example.  You sell those garters online to people all over the country.  If you sell that garter in Missouri, yes, that’s subject to tax, but if you sell it to someone outside of the state – then there is no Missouri sales tax.  Photographers are treated differently on this issue.

 

Combined service/product is subject to sales tax.  Let’s say you are going to photograph a wedding and the fee is $5,000 and that includes a wedding album book that you provide the bride and groom with at the end. In a situation like this – because the service and the product are priced as one unit – then the whole thing is taxed!

 

What’s the lesson here?  You separate out the price of your service from your product!  So if that album is worth $500 – then you say the service of taking the photos is $4,500 and the album is $500.  You need to break it out so that your clients will not be taxed on your service of photographing the event.

 

Here’s a few more things to consider:

 

Electronic downloads are not taxable.  If your client can purchase the photos by downloading them online – the photos are not subject to sales tax.  It doesn’t matter if the downloads occur across state lines or in Missouri  – downloads are not subject to sales tax.  (That would include things like video games or apps as well.)

 

One more thing – if you paid sales tax on the product instead of using your business exemption – then you don’t have to charge sales tax on that product!  So if you take the photos and have the wedding book printed up by someplace that charges you sales tax – then you don’t have to charge sales tax when you sell the book!  Remember, even in this situation, you still need to break out the service fee from the product!

 

Some other thoughts –

 

What about saying the service is $5,000 and the album is free?  My opinion is that would make the whole thing taxable.   Your clients are basically getting the wedding book for $5,000 and I believe that would make your service taxable.

 

Okay, so what if I said the service is $5,000 and the wedding album is a penny?  Once again, I would think that would still make your service taxable.  Being realistic, the wedding album is worth more than a penny.  I think you need to price the album at a fair market rate to pass Missouri scrutiny.

 

The big take away here though is that you must separate out your service fee from your product fee or else you’ll be paying sales tax on all of your work.

 

 

Death, Taxes and IRAs

IRAs are taxable after you die.

When people talk about “death” taxes, they usually mean “estate” taxes.  Now, for 2016, there is no federal estate tax if your estate is under $5,450,000.  So for most people, you don’t have to deal with estate tax.  But IRAs are a different animal!

 

An IRA is considered to be taxable income.  So – if you die, your beneficiary will have to pay tax on that IRA money.  So, maybe you don’t care – since you’ll be dead anyway.  But if you do care about leaving a taxable legacy to your heirs, here’s a few things to think about.

 

1.  Roth IRAs are not taxable.  Not to you, not to your heirs.  (I always like Roth IRAs.)

 

2.  A lot of people sign up for IRAs but they don’t know who the beneficiary should be (or they don’t have all the information they need to complete that part of the paperwork.)   When they sign up they just put “estate” down in the beneficiary box.   This is usually a bad thing.  What happens is that your heirs wind up having to file a form 1041, an Estate and Trust tax return.  Now, if you Google “estate tax” you’ll probably find all the tax rates on estates – and you’ll read the tax brackets for if you have over $5,450,000.   (And that’s a form 706 – it’s a different animal.)

 

The 1041 form for income tax on estates and trusts is for the income earned by the estate – which includes your IRA income.  The first $2,500 is taxed at 15%, the next bracket up to $5,900 is taxed at 25%, the next bracket up to $9,050 is at 28%, then up to $12,200 is at 33%, and anything over that is $39.6%.  It doesn’t take a whole lot of money to kick your IRA income into the top tax bracket!  Just to give you a comparison – a single person won’t hit the 39.6% tax bracket until he or she reaches $415,050 in taxable income.

 

So what does this mean?  Well, if your heirs aren’t rich, they’re going to be better off if they inherit your IRA directly from you instead of from your estate.

 

3.  If your goal is to leave a legacy to your children – life insurance is better than an IRA.  (I can’t tell you how much I hate sounding like a life insurance salesman but it’s true.)  Your IRA is your retirement account – it’s supposed to be money for you to spend during your retirement.  In a perfect world, you spend it all before you die.  (And of course, have enough to enjoy a long and happy retirement.)  Life insurance provides your loved ones with tax free cash after you die.

 

This is really a personal decision on your part.  Do you want to leave something for the kids or not?   For some people that’s a major priority, for others, not at all.  It’s your choice.  But not matter what you decide, be sure to work with your financial advisor to make sure your heirs are properly listed as beneficiaries to your taxable retirement accounts.

What You Need to File Your Taxes

tax paperwork

Sometimes, the hardest part about filing your taxes is getting the paperwork together.

 

Updated:  June 2016.

Whether you’re hiring a professional or preparing your own return, make sure you have all of your paperwork together before you start.  If you’re expecting a refund, you’re probably anxious to get everything together so that you can file as soon as possible.  For those of you who expect to pay, you’re probably not too thrilled about it.  I know I never am anyway.

 

Here’s a list of some of the more common documents associated with filing.  Not every person will have every form on this list, but hopefully this will help jog your memory so that you don’t forget something you need.

  • W-2 forms – that’s your statement of wages, you’ll need a W-2 for each job you held
  • 1099 forms – there are several types:
    • 1099-INT for interest
    • 1099-DIV for dividends
    • 1099-B for sale of securities  (some companies, like Edward Jones or Raymond James, will send out a combined form that has your 1099-INT, 1099-DIV and 1099-B all in one statement)
    • 1099-R for annuities, pensions and other retirement plan withdrawals
    • 1099-G is for government payments like a state tax refund or unemployment benefits
    • 1099 MISC is for miscellaneous income, like commissions or non-employee compensation
    • SSA-1099 is for Social Security income — a note about the SSA 1099 form, it has to be the most frequently lost form on the planet.  It’s usually the first one mailed out and I think it kind of gets lost in the shuffle.  If you receive Social Security benefits, or are assisting someone who does, please make sure that this form is included with the other tax documents.   For some people, it’s not taxable—but you need to include the figures from this form when preparing your taxes to determine if it is taxable or not.
    • W-2G is for gambling income.  If the Social Security form is the most frequently lost form, the W2-G comes in second.    If you’ve received one of these statements, you need to include it on your tax return.  If you don’t, you will get a letter from the IRS.   (Gambling losses, up to the amount of winnings, can be deducted on your Schedule A.
  • 1098 tells how much interest you paid on your mortgage – you want this because it can be used as a deduction
  • 1098-E shows interest paid on a student loan – ditto!
  • 1098-T shows the amount of tuition paid at an educational institution (you need this to claim those college tax credits.)  Here’s the kicker, if you’re the parent paying the tuition, you won’t get the form, your student child will.  You may need to work at getting your student to download this of the student portal.

 

If you sold stocks, mutual funds, or real estate, you’ll want to have your basis information on hand.  (Basis is what you paid for the property.  Many investment firms include the information right on your 1099B, but some don’t, especially if you sold old stocks.)  Make sure you have this information ready before you file – it can save you lots of money!

 

If you purchased or sold a home this year, you’ll want to have a copy of your settlement statement.  Depending upon your situation, there may be valuable deductions hidden in those statements.

 

If you are a member of a partnership, joint venture, S corporation, estate or trust, you will also need a copy of the Schedule K-1.  Those forms aren’t required to be completed until March 15th, so you may not be able to file your personal return before then.   It’s a good idea to make your tax appointment once you have all of your other forms together.  The K-1 information can be added at a later date.

 

And of course, you’ll want to have all the documents to support your deductions like real estate taxes, charitable contributions or deductible business expenses.

 

It’s always a good idea to have a copy of your last year’s return with you also.  Sometimes you might have items that can carry forward into the next year.  If you don’t provide you preparer with your old return, you’ll miss those deductions and credits.

 

If you save all the mail that says “Important Tax Information Enclosed”, you’re onto a good start.  Having all of your tax paperwork together before you start your tax return is one of the best ways to avoid getting a letter from the IRS later.

S Corporation – Computing the Tax Savings

 

Run the numbers.

When deciding if you should elect Sub-chapter S corporation status for your company, you need to run the numbers first!

 

Electing to be taxed as a Subchapter S Corporation instead of as a Sole Proprietor could mean big tax savings for you as a small business owner. Notice I said could–because it’s not always the case. It’s really important to run the numbers – all the numbers – and do a comparison so you can make an informed decision.

This post is going to be a little technical. I apologize for that up front. I’m going to try to keep it in plain English though, because even if you can’t run the numbers yourself, you need to see what I’m talking about so you can discuss this with your accountant.

Here’s an example where I think choosing to be a Sub S Corporation is the right choice for a business owner: Jack Sparrow is a single, self employed pirate with net self-employment income of $100,000. (Yes, Johnny Depp was on TV last night.)  Jack has no other income to report on his tax return.

I ran the numbers for 2014 and it shows the total tax on the 1040 return to be $30,680. ($16,550 for the income tax and $14,130 for the self employment tax.)

That’s a lot of taxes!

But what if Jack were to set up a Sub Chapter S Corporation? He’d have to set himself up to receive payroll–(that’s part of the deal with an S Corporation, you have to pay yourself a salary) but the rest of his income would be taxed at his regular tax rate (they call that ordinary income) instead of at the self employment rate.

So for my example, I set Jack up with a payroll of $40,000, his S Corp income is $56,340 (not $60,000 because he’s paying some payroll taxes that are deducted.) So when I run the taxes for that, I’m showing that his total tax on his 1040 is $17,400.

Right here you’re probably going, “$13,280 in tax savings per year? Awesome! Sign me up now!”

But it’s not that simple. Because remember, part of being an S Corporation means that you must set up a salary for yourself and pay the payroll taxes. If you don’t include the cost of those payroll taxes in your calculations, you’re not giving yourself a true comparison of the total tax cost.

For Jack’s example, we set up a payroll for $40,000. From his $40,000, Jack will have $3,060 withheld as his employee share of FICA-that’s the Social Security and Medicare tax that gets withheld from everyone’s wages.  Also, remember when I said his S Corp income was $56,340 instead of $60,000? That’s because as an employer, Jack also had to pay an additional $3,060 for the employer’s share of FICA, and I added another $600 for state and federal unemployment taxes. The unemployment tax will vary by state but $600 is a reasonable estimate.

When you add those payroll tax costs to the 1040 tax cost, Jack’s total S Corp taxes are now $24,1120. That’s still a big tax savings of $6,650! In this case, of course I would recommend that Jack go for the S Corp.

Just for fun, what if Jack were offered a pirate job as a wage earning position? All W2 income with no self-employment at $100,000 per year? Just running the numbers straight like that,  his 1040 taxes would be $18,341 and his FICA withholding would be $7,650 so his total tax cost would be $25,991 which turns out to be $1871 more than his S Corp taxes.

Now in real life, there would be other considerations – like health insurance and other fringe benefits that might make Jack want to jump at that wage position.  But I left all of that out for this comparison.

The chart at the bottom of the post shows the numbers for Jack’s case side by side so you can see how I got to my numbers, in case you want to replicate them for yourself.

So, how do you determine if YOU should have an S Corporation instead of a sole proprietorship? You look at these numbers and it’s pretty persuasive. If you could save $6,000 or more a year, who wouldn’t do that? But taxes have a lot of moving parts these days. Maybe you have investment income, maybe you have wages from another job. Maybe you have deductions that are allowed on a Schedule C that aren’t allowed for an S Corp. Healthcare costs can also make a difference and so can your retirement savings goals.

If you don’t run the numbers fully through a tax program, including the payroll tax costs, you could actually lose money going with an S Corp. I ran a scenario the other day – this is a real person’s actual numbers: her tax savings by converting to an S Corp–before adding in any payroll taxes, was only $1,338. She’d spend that much in accounting fees for the payroll and additional tax return. Adding in the FICA and employer payroll taxes we send her to the loss column. I never would have known that had I not sat down and ran the numbers based on her whole situation.

While that taxpayer’s situation was unique, your situation is also unique to you. Before electing to be an S Corporation, make sure you have all the facts and run all the numbers.  You’ll be glad you did.

 

Here’s that chart I promised you:

Comparison of wage, vs. self-employment, vs. Sub S Corporation taxes

Comparison of wage, vs. self-employment, vs. Sub S Corporation taxes

Tax Tips for Single Parents

Kids can be a real advantage on your tax return

Having a baby really changes your taxes. Make sure you know the rules.

 

Welcome to the world of parenthood.  Raising kids is hard enough with help but it’s even harder when you’re alone.  Here are some tips to help you navigate the changes that will happen to your tax return, because you deserve a little help once in awhile.

 

Claiming your baby as a dependent:  If you are earning income (over $4,000), then you’re going to want to file a tax return and claim your baby as a dependent.  I sometimes hear women say they didn’t claim their children because the child was born in December and they read the child is supposed to live with you for 7 months.  In the year of birth, you claim the child even if she was born on December 31st.  Let’s be honest.  If you’ve jut gone through a pregnancy, that child has been living with you for more than 7 months anyway.  Claim your baby!  We’ll talk a little more about possibly letting someone else claim the baby, but unless there are special circumstances, plan on it being you.

 

Changing your filing status:  If yo’re on your own and supporting yourself, then once your baby is born you will change your filing status from Single to Head of Household.  It gets a little more complicated if you are living with your parents, the baby’s father or someone else.  The issue becomes, who is providing most of the support for the child?  If you’re using computer software, there are all sorts of questions you can ask to determine how much support is provided to the baby and by whom.  But here’s a quick and easy technique that’s pretty helpful.  If you prepare the tax return with Head of Household status, and then switch it to Single status and the refund amount is exactly the same, then claim Single as your filing status.  If your income is so low that your refund won’t change then you really don’t need Head of Household status.  The IRS will audit returns claiming HH status when the income is too low.   They never audit Single for the income being low.  Why not just avoid a headache that you don’t need? The Earned Income Credit amount is the same for Single as for Head of Household filers.

 

What about letting someone else claim the baby?  If you are living with the baby’s father and it would benefit you to have the child on his tax return instead of yours, then that’s fine.  If you are living with your parents and they are supporting you and the baby, you can let your parents claim the child.  Your parents would have to make more money than you do to be able to do this though.

 

Letting anyone outside of you, the father, or a grandparent claim your child on a tax return has the potential to get you into trouble and even land you in jail for tax fraud.  There are a few situations where it can be done, but for that you should go see a professional.  A new boyfriend who is not the baby’s father can NEVER claim your child for EIC. NEVER!  The rules regarding dependents change often.  Things that were allowed a few years ago aren’t allowed now.  Sometimes well meaning friends and relatives can give you bad advice which could get you into big trouble.  Protect yourself.

 

The Earned Income Credit:  Many single moms, especially when they’re just starting out, qualify for the Earned Income Tax Credit.  It’s a refundable credit, that means you get the money even if you didn’t pay any tax into the system.  EIC is a big deal and can make a huge difference on your refund.  That’s why people may want to try and claim your baby for you.  There’s billions of dollars a year of EIC fraud.  That’s also why you need to be careful, the IRS is very aggressive about pursuing EIC fraud.  Don’t let anyone else claim your child.

 

Protect your child’s social security card like it was gold.  It’s that valuable.  Infant identity theft happens all the time.  You won’t know it’s happened until you file your tax return and it gets rejected because someone else has claimed your child.  Do not carry the card around in your purse or wallet.  Store it someplace safe.

 

Congratulations on your new baby!

 

Note:  this post was originally published back in 2011.  I was trying to update it and accidentally deleted the whole thing.  (I’m a tax person, not an IT person.)  If you posted a question or comment here, I’m afraid that I lost that too.  The only upside is that this was due for an update anyway.

 

Should Your LLC Be an S Corporation?

When should you be an S Corp?

If your small business has reached the point where your self employment taxes are really hurting you, choosing an S Corporation status might be the answer to your problem.

 

If you own a single member LLC, the IRS considers that to be a “disregarded entity.”  That basically means there’s no such thing as an LLC tax return.  So, if you don’t make an “election” to taxed some other way, you’re taxed as a sole proprietor on your 1040 personal tax return.  That means, you not only pay income tax on your LLC income, you also pay self employment tax on top of it.  Ouch!

 

But as a disregarded entity, you may make an election to be taxed as an S corporation (or even a C corporation if you want to) instead of being a sole proprietor.  So how do you know you might be ready to be an S Corp?   Here’s my top three criteria:

 

1.  Steady net income.  If you have a loss on your business, that business loss can offset your other income on your tax return.  One of the big benefits of an S corp is to reduce your self employment tax.  If your business has a loss, you’re not paying self employment tax anyway so the S corp status wouldn’t provide much benefit there.  A good rule of thumb, but certainly not a deal breaker, is to have a net income of about $50,000 to make the tax savings be greater than the additional cost of separate tax returns and payroll expenses.  I work with business that have losses and still are S Corps.  The $50K income isn’t a requirement, it’s just sort of a break even point on costs.

 

2.  Separate Employer Identification Number (EIN)  and bank account.  If your business is set up as an LLC, you should have a separate EIN and a bank account for your business already.  I’m always surprised by people who skip this step, but it’s important.  You can get an EIN number for free, online.  It takes about 5 minutes.

 Learn more here.

And you really need a separate bank account.  You don’t want to co-mingle your business funds with your personal money.

 

3.  Discipline to make monthly payroll deposits and quarterly reporting.  One of the requirements of an S Corporation is that the owner has to pay him or herself a reasonable wage.  That means, even if nobody else works for you, you still need to write yourself a paycheck and pay yourself like an employee.  If you’re already making your quarterly estimated tax payments–you’re probably able to handle doing a payroll.  If you’re scrambling every year, you can’t keep on schedule etc, then I say don’t do the S corp.  Not being up to date on your estimated payments can be a problem, but the IRS can get really nasty if you’re behind on payroll tax deposits.

 

If you have no discipline, and your business easily has enough revenue to handle the payments–and still want to do the S Corp, then pay the extra money to hire a payroll company to do it for you.

 

Setting a reasonable wage is usually the most difficult thing to determine.  You want to go by what a person in your line of work would get normally get paid, that’s not always easy to figure.  You should probably have your wage be at least 1/3 of your net income unless you can document that people in your line of work usually make less.

 

Now, these are just my guidelines.  There’s really no “set in stone” criteria for S Corp status.  And really, before you make any change to the status of your business, what you really should do is run the numbers.  Sit down with your tax professional and – using the most recent tax return – run the business numbers as if you were an S Corp, a C Corp, and as a sole proprietor.  Don’t forget to include the costs of your payroll taxes when running the numbers.

 

Everybody’s situation is a little different.  Compare your numbers side by see to see if changing to an S Corporation makes sense for your small business.  That’s really the best way to tell.

 

 

 

How to Settle Your IRS Debt for Less: Taking the First Step

reduce your debt - financial concept - isolated text in vintage letterpress wood type

 

You’ve heard those commercials on the radio or seen them on late night television.  “Settle your debt with the IRS for pennies on the dollar!”  Those companies charge a lot of money for something called an “Offer in Compromise.”  I’ve dealt with a lot of people who’ve paid between $5,000 and $8,000 for those services and gotten nothing-NOTHING for their money.  That’s good money they could have used to pay off their debt!

So, before you spend that kind of money, you should see if you have a fighting chance at getting an Offer in Compromise (OIC) first.  And here’s the best part–you can test it out for free.  FREE!

The IRS has an Offer in Compromise Pre-Qualifier.  It’s a wonderful little tool that will let you know if you even have a shot at an OIC before you spend money trying to get one.  Here’s the link:  IRS Offer In Compromise Pre-Qualifier

 

The first page has some pretty basic questions.  Are you currently filing for bankruptcy?  The answer has to be no, you can’t have an OIC if you’re in bankruptcy.  If you’re in bankruptcy, you’ll have to wait until that’s over to file for an OIC.   The next question is have you filed all of your tax returns.  You have to say yes–otherwise the result will be no OIC.  You’ll have to file those returns before filing for OIC, but you’re just trying to figure out if you could qualify in the first place.

Same thing with making your tax payments.  Before you file for OIC, you’ll have to have your estimated payments caught up for the current year and self employed people must have their payroll deposits made.

 

So, just to get past the first page, you need to answer NO, YES, NA, NA.  If that’s not true, you’ll need to rectify the situation, but you need to answer that way just to get past that screen to get to the meat of the program.

 

The next page is about where you live and the amount of tax that you owe.  (This is one good reason why you need to file all of your returns before you make an offer–how can you settle your debt when you don’t know how much you owe?)  But this is just a pre-qualifier, it’s to see if you may be able to make an offer so make your best guess.

 

The reason they ask about where you live is because the cost of living is different in different areas.  A New Yorker will be able to claim more in housing expenses than someone from St. Louis because the cost of living is higher there.  On the flip side, New Yorkers don’t get an adjustment for their other expenses which can hurt them when trying to qualify for an OIC.  But that’s why the question about where you live is on the pre-qualifier.

 

This page also asks about your age.  If you’re over 65, they make a higher allowance for your out of pocket medical expenses.  That’s why that question is there.

 

From there, on the next page the IRS is looking at your equity–what are you worth financially?  How much money do you have in the bank?   What’s the value of your home?  How big is the loan on it?   How much is in your 401(k)?  Do you have any stocks?  How about the value of your car?  How much do you still owe on your car loan?   So where it asks for the equity in your car, it means what is the value right now minus how much you still owe on your car loan, that’s your car equity.

 

Home owners with a lot of equity and people with retirement assets often lose out right here.  If you have assets, the IRS figures you can sell them or cash them in to pay your IRS debt.  Be honest when filling this out (remember, no one is going to see it but you.)  If you apply for an OIC, the IRS will be able to substantiate everything you say, so you may as well tell the truth to yourself on the pre-qualifier.

 

If your assets are too high to qualify for an OIC, the pre-qualifer will stop right here.  You may want to double check your figures before giving up completely, but most likely you’ll need to pursue a different route to get settled with the IRS.

 

If you do get to the next section it’s all about your income.  Wages, interest, dividends, child support, alimony, distributions from partnerships and S corporations.  Anything else?  The IRS doesn’t care if it’s taxable income or not.  They include social security, pension income and even Veterans benefits as being money that you can use to pay your tax debt with.

 

The IRS is looking for monthly figures here.  So, let’s say you get paid every two weeks.  That means 26 paychecks a year.  You’ll take the gross on your pay stub multiply that by 26, and divide by 12 to get your monthly pay.  Lots of people would just double their pay check, because for the most part, you’re getting 2 checks a month.  But the IRS doesn’t count that it way.  They multiply by 26 and divide by 12 it makes a difference.  You need to know how they’re calculating if you want to win this game.

 

The next page is all about your expenses.  How much is your rent or mortgage?  How much do you pay on your cars?  What do you spend on gas and groceries?  Child care?  Child support?  Alimony?  Utilties?

 

Life insurance is on the list too.  Now what they mean here is term life insurance.  A whole life policy where it’s like an investment isn’t considered to be a cost of living expense, but term life is.

 

So now you’ve input your income, your expenses, your debt and your equity and the IRS computer runs all these numbers together and either says you may or may not qualify for an Offer in Compromise.  It will also say what the IRS expects your offer to be given the information you put in.

 

Here’s the thing:  the IRS tool is only as good as the information you put in.  Most people do the IRS Pre-Qualifier the first time around just guessing at the answers.  (I think I’d get this much if I sold my house today, I’m guessing my loan balance is about $x.xx.)  This is just to get a ballpark.  To get a better picture, you’re going to want to really know what your home loan balance is.  Check out the fair market value of your house on Zillow.com.  Really look at what you spend for your utilities.   Get the actual numbers off your pay stub and do the pre-qualifier again with the actual figures.

 

Does it still look like you can do this?  Great.  Remember, page one?  Make sure all of your returns are filed first and you know how much debt you owe.  Don’t be in bankruptcy.  And most importantly, make sure that if you need to be making estimated tax payments, you’re caught up with making them.  Make sure these issues are taken care of before you submit an actual offer.  I suggest hiring a professional to do this, but if you’re going to do it yourself, start with the Offer in Compromise Booklet, here’s the link to that:  Offer in Compromise Booklet

 

And if you don’t qualify for an Offer in Compromise?  That’s still not the end of the world.  If you have exceptional circumstances, like huge medical expenses, you may still be able to make an OIC.  Be aware that your chances are significantly lower for getting accepted, but you can still make the offer.   But you’re going to have to demonstrate that your circumstances are exceptional and that paying the tax would create an undue hardship.  This seems silly, but I cannot stress this enough–simply not wanting to pay your tax is not considered an undue hardship.  (I get asked that question all the time.)  Paying for chemotherapy treatment for a cancer patient, that might get you somewhere.

 

Even if you cannot qualify for an OIC, you can still work out a payment arrangement with the IRS to get the debt handled.   You’re just going to have to pay the full amount of your debt.

 

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Three Myths About Income Tax in Retirement

Active retirement old people and seniors free time group of four elderly men having fun and playing cards game at park. Waist up

 

 

Do you still have to pay income tax after your retire?  The short answer is: YES!

 

I’m not sure why, but there seems to be a myth floating around about seniors not paying taxes. I’ve always had to deal with seniors in trouble for not filing tax returns when they needed to, or not paying tax on their IRAs, but lately I’ve been hearing the age myth. Three times in the past three weeks I’ve heard real people say the following things:

 

“Now that I’m 65 I don’t have to pay self employment taxes on my 1099 income.”

“What do you mean I need to be concerned about required minimum distributions, I won’t have to pay tax after I’m 70 anyway?

 “I won’t need you to do my taxes anymore now that I’ve turned 80. There’s no taxes after 80.”

 

The bad news is: those statements are all false!   The IRS doesn’t really care how old you are.  They still want your money.  So how do some of these myths get started in the first place?   Well, some states don’t tax your retirement income.  So if you live in one of those states, it’s easy to assume that the IRS doesn’t tax it either, but the IRS does tax retirement income, and they don’t care how old you are.

 

Myth 1, not paying Social Security tax after age 65:  Once you start receiving Social Security benefits, it’s easy to assume that you won’t be paying into Social Security anymore.  But–you do.  Actually, if you’re still working after your full retirement age you might even increase your Social Security benefits.  It all depends upon your circumstances, but you’ll want to check with Social Security to make sure that you’re being credited for your Social Security contributions.

 

Myth 2, no taxes after age 70:  After age 70 1/2 you are required to start taking money out of your IRAs.  It’s called Required Minimum Distributions (RMDs)- and that money is taxed.  The quick and dirty calculation to figure your first year RMD is to take the total dollar amount of the money you have in all of your IRAs and divide by 28.  Now, this is a quick and dirty calculation.  Different ages, and different situations can get you different results.   If you want to compute an RMD for a different age, try the Kiplinger calculator:  http://www.kiplinger.com/tool/retirement/T032-S000-minimum-ira-distribution-calculator-what-is-my-min/index.php

 

For many people over 70, you don’t stop paying taxes, you actually pay more in taxes.  If you don’t know about the RMDs and you need to be taking them, there can also be some pretty hefty penalties.

 

Myth 3, not paying taxes  after age 80:   I don’t know where that came from.   (Actually, I heard it from my mother-in-law who heard it at the senior center.  But I don’t know where it started.)   Many seniors don’t pay tax because their income is low enough not to pay, and they aren’t required to file.  But they’re not paying tax because of their low income, not because of their age.

 

And even if you’re not required to file, I still recommend submitting a return anyway to prevent identity theft.

Why the Supreme Court Ruling Makes My Life Easier: A Tax Preparer’s Reaction to Obergefell v. Hodges

Supreme Court Ruling gay marriage

 

I was sitting out on the deck with my husband and he asked me what I wanted for my birthday. I ran down my usual answers, “world peace, ending world hunger, etc.” He gave his usual answer, “Probably not this year.” I told him, “That’s alright, the Supreme Court just passed marriage equality, that makes my life easier. I’m happy with that.” He gave me that raised eyebrow look and said, “Care to explain that one?”

I’ve been married to this man for over 30 years so you might not think Obergefell v. Hodges will have much of an affect on me personally, but as a tax professional, it does. Here’s a little history of how legislation and the Supreme Court decisions have affected taxes over the past 11 years.

Massachusetts legalized same sex marriage back in 2004. That was the beginning of the crazy tax returns. You see, while you could be legally married in Massachusetts, the federal government didn’t recognize the marriage. So, you had to file as married on your state return and single on your federal. As a tax preparer, you had to prepare three tax returns instead of one. Back in those days I was an instructor for H&R Block. I remember teaching how to prepare that return in one of my classes. It was pretty crazy and very complicated. Living and working in Missouri, I didn’t see many Massachusetts returns, but we still have to know how to do them.

More states adopted gay marriage, but it was still illegal in Missouri. Couples were getting married in Iowa and living in Missouri, but they still couldn’t legally file jointly here in Missouri. Some of my business colleagues and I worked on a tax strategy to help couples who were “married for all intents and purposes but just not legally recognized in the state”. It was a good tax plan while it lasted, and for some couples it was actually better tax-wise than married filing jointly. But of course it didn’t solve the issues of Social Security, healthcare, or pension benefits.

In 2012, the First Circuit Court of Appeals ruled that the Defense of Marriage Act (DOMA) was unconstitutional. This issue was headed to the Supreme Court, but hadn’t been settled yet. Which was another tax headache. You see, if the Supreme Court ruled that DOMA was unconstitutional, it would affect tax returns, but you can’t change your tax return based on the first circuit court of appeals. But–there’s a three year limit to amend a return for a refund. So, if you didn’t want to miss out on a potential refund for 2009, you had to file something called a “protective claim for refund.”

That meant, you were filing an amended return based upon something that hadn’t happened yet, hoping it would. The IRS would just stick those returns in a drawer until (or if) the issue ever came up. You had to write: “Protective claim for refund contingent upon the US Supreme Court decision on the First Circuit Court of Appeals case regarding the Defense of Marriage Act, Gill v. OPM.” If you didn’t work it just right, the IRS could just reject your claim.

In June of 2013, the Supreme Court held in United States v. Windsor that the federal government was required to recognized same sex marriages.(I know, I know, what happened to Gill? Windsor was heard first so that became the landmark decision and the Gill petition was turned down in light of the Windsor ruling. Your Amended return claiming Gill would still be good because of Windsor though.) This meant that if a couple were legally married in Iowa, for example, that they would not only be allowed to file a state return as married filing jointly, but they could also file their federal tax return as married filing jointly.

The Windsor case had a lot of consequences for preparers. In places like Massachusets where same sex marriage was legal, then the couple could just file as married filing jointly for both the state and federal returns. But in other states where same sex marriage wasn’t allowed, it was wait and see status while the legislatures battled it out. Here in Missouri, if you can file as married on your federal return, you filed as married on the state return. Next door, in Kansas, you filed as married on your federal return, and single on your state return. Those of us who prepare multiple state returns had to keep up on all of that. It was a headache keeping track of the state rules. Basically, in 2013, we had a flip flop of the tax rules–instead of filing a joint state return and separate federal returns like we did with Massachusetts in 2004, we were now preparing joint federal returns and separate state returns.

So now, with Obergefell v. Hodges I’m back to filing normal returns for everybody in every state. I get to ask normal questions like, “Are you single or married?” And I don’t have to ask, “Are you gay or are you straight?” Because quite frankly, whether you’re gay or straight should have absolutely nothing to do with your tax return.

Tax Strategy for Exes that Get Along

Rear view of young couple consulting financial advisor at office desk

Exes who work together with their tax professional can often reduce their overall taxes or increase their refund, leaving them more money to spend on their children.

If you have a child with an ex-spouse, or even someone that you weren’t married to, you might already know how complicated the whole tax situation can get.  Who can claim what? And if you now hate each other, then it’s really a problem.

 

But—if you and your ex get along and you want to work together to make the best situation for your child—then I’ve got a tax strategy for you to help you maximize your refund.

 

This strategy only works for couples that get along, and basically share physical custody.  If this sounds like you and your ex, then you two are perfect candidates to work together on your taxes.  If your ex is an absentee parent stop, this isn’t for you.  If your ex is a nasty person, stop, this isn’t for you either.

 

If your ex is a decent, trustworthy human being, then you can continue.

 

The first step is for you and your ex to do your own taxes the way you normally should.  For example:  let’s say your divorce decree states that you are the custodial parent and your ex gets to claim the exemption for the child.  That’s how you prepare your taxes and set the baseline for what your refund or balance due should be.

 

An example might help.  Let’s say that Barbie and Ken had a child named Penny and then got divorced.  Although Barbie and Ken basically share custody of Penny, if push comes to shove, in the divorce decree, Barbie is the custodial parent.  Per the decree, Ken is allowed to claim Penny’s exemption every other year.   So the way for them to file is for Barbie to claim the head of household filing status, but not claim Penny’s exemption.  Barbie also gets the Earned Income Tax Credit and the Child Care Credit for Penny’s daycare expenses.  Ken gets the exemption, and the Child Tax Credit.

 

That’s how you determine the baseline for Barbie and Ken.  Let’s say that in this example, Barbie would get a refund of $1500 and Ken would get a refund of $1000.  Together they get $2500.

 

There are FOUR Scenarios to this.  When preparing your taxes, you’re going to run all four scenarios:

 

  1. YOU claim no child, single, 1 exemption for yourself. EX claims:   2 exemptions; one for his/herself, one for child, AND claim EIC and head of household and child care credit

 

  1. YOU claim child for EIC and head of household filing status and child care credit, 1 exemption for yourself, no exemption for child, sign 8332 to other parent. EX claims:  2 exemptions; one for him/herself, one for child, no EIC, no head of household

 

  1. YOU claim 2 exemptions; one for yourself, one for child, no EIC, No head of household, EX claims:  child for EIC and head of household filing status, 1 exemption for him/herself, no exemption for child, sign 8332 to other parent.

 

  1. YOU claim 2 exemptions; one for yourself, one for child, AND claim EIC and head of household and child care credit. EX claims:  no child, single, 1 exemption for self.

 

Let’s plug the numbers for Barbie and Ken in here.  Scenario 1: Barbie owes $800 and Ken gets a refund of $4500.  The combined refund is $3700.

 

Scenario 2: this is our baseline. Barbie gets a $1500 refund, Ken gets a $1000 refund.  The combined refund is $2500.

 

Scenario 3:  Barbie gets $1000 refund, Ken gets $3100.  The combined refund is $4100.

 

Scenario 4:  Barbie gets $2600 refund and Ken owes $900.  The combined refund is $1400.

 

So in Barbie in Ken’s case, it makes send to let Ken claim EIC and head of household filing status and have Barbie claim the exemption.  It gives them back and extra $1600!

 

Now Barbie has a right to her $1500, and if she files using scenario #3, she’s losing $500.  So to make Barbie whole again, Ken would need to pay her back the $500 from his refund.  And they would also have to agree on how to use the extra refund money.

I always recommend that you put the extra money you get into a savings account or 529 plan for your child.  The only reason you can do this is because of your kid, so I think the money should go towards raising your child.  But it’s up to you.

 

Remember, only parents that get along can do this.  If you hate each other, then you strictly go by the IRS rules for divorced or separated parents.   Once you do this, you can’t go back to the IRS because you changed your mind.

 

Put proper safeguards in place.  If you’re the parent that will get a lower refund than you normally would have, make sure that your ex sets up the part of his/her refund that makes you whole will come as a direct deposit into your bank account.

Make sure the part of the refund that is supposed to go to your child goes into your child’s account as well.

 

Remember, this strategy is not for everyone.  But for some families, it can be worth a decent amount of money.