Babysitting as a Charitable Donation

If you’re a parent and you use a babysitter or daycare provider to care for your child while you are at work, that’s a deductible expense. In general, both parents must work, or one must be disabled or in college in order to qualify. But did you know that hiring a babysitter to care for your child while you are performing charity work counts as a charitable donation? I didn’t until recently. In fact, if you read the IRS regulations, it’s pretty clear that it’s not allowed.

But, according to Kiplinger.com—the IRS lost a case in Tax Court trying to uphold that rule. The difference is, in this instance, you claim the child care expenses as a charitable donation instead of as a child care expense.

Now, in order to make such a claim, I would recommend that you keep excellent records of the time spent volunteering, the type of work performed, and the charity you worked for. Of course, if you spend two hours a week volunteering, but your child is in daycare for 30 hours a week, you can only deduct for the two hours of time you volunteered.

Hobby vs. Business: What About the Collector?

Honus Wagner Baseball Card

Honus Wagner Baseball Card sold for $262,000

If you’ve seen some of my other blog posts, you may have noticed some of my articles about hobbies and businesses.  Most of the time, people know if they own a business or not, but sometimes the category gets a little blurry.  Like the other day, I was reading a message board by a fellow you sold his baseball cards on E-Bay.  In his case, he only sells about $50 worth of cards a year, definitely a hobby, not a business at this point.  But he was thinking about increasing his sales and crossing out of the “hobby” mode and into the “business” mode. 

Now I have all sorts of advice about moving from a hobby to a business, but in this case, things might be a little different.  The reason I say that is because baseball cards are collector’s items.  It kind of depends what level the gentleman is at.  You can buy cards and sell them at retail of course, that would be a regular business.  But there are also the folks that buy and trade “collectibles”.    The recent auction price of a Honus Wagner card for $262,000 gives you a clue as to what I’m talking about. 

If your business or hobby involves selling collectible items, such as art, guns, coins, stamps, and things like that, you might be reporting your income on a schedule D form.  The same form that you use to report gains and losses from the sale of stocks, bonds, and mutual funds. 

I like reporting income that way because of the tax advantage, there’s no self employment tax and if you sell an item that you’ve held for over a year then you’re also taxed at the lower capital gains tax rate.  The downside to reporting this way is that you get no loss deduction for the sale of “capital assets held for personal use.”

There could be three possible ways to report the same income for a “hobby/business/capital gain” sale.  For example:  Let’s say you purchase a painting for $1,000.  You keep it in your living room for a few years and then you sell the painting for $2,000.  If you report the income as a hobby:  $2,000 goes on line 21 of your 1040 and you might be able to claim the $1000 you paid for the painting as a deduction on your Schedule A, (but because of the other rules involved, most like you won’t get to deduct that at all.)  If you’re in the 25% tax bracket, you’ll pay $500 more in income tax.  If you report the $2,000 as self employment income on Schedule C, you can deduct the $1000 as an inventory expense leaving you with a profit of $1,000.  Taxed at 25%, that’s $250.  Add to that the 15% self employment tax which adds another $150 making your tax bill $400.  As a sale of a capital asset, you report on schedule D the income of $2,000, the basis of $1,000 with a taxable long term capital gain of $1,000 which will be taxed at the capital gain rate of 15% costing you $150 of tax money.  In this example, I know I’d want to use the capital gain. 

Of course, there are other rules and issues you have to consider when determining if an activity is a hobby or business or collection, but the example above does let you see some of the differences in how you might want to structure your business/hobby/collection.

I’d have to ask the baseball card fellow some more questions about his business plan to determine exactly what category I’d place him in.  But with some collectors, it’s pretty obvious that you’d want to classify their collecting income as capital gain and not self employment.

Why You Might Want to Let Your Spouse Own Your Business

Sunshine Boutique

Photo by Living in Monrovia at Flickr.com

First and foremost—this post will only apply to a limited number of people, so please don’t go changing your business ownership based on the title. 

One of the downsides of owning your own business is that you have to pay self employment tax.  Self employment tax is 15.3% of your profit, you pay it in addition to your regular tax rate.  So, if you’re in the 25% income tax bracket, you’re actually paying 40.3% in taxes on your self employment income.  That’s a lot of tax.

Social security makes up 12.4% of that.  (8.4% for 2011 only.)  The maximum amount of your earnings that are subject to Social Security taxes is $106,800.  Once you cross that threshold, you don’t pay Social Security tax anymore for the year.  If you’re in that situation, you know how great it is when your company quits withholding your Social Security, it’s like a temporary pay raise. 

So let’s say that you own a small business with a net profit of $50,000.  Your husband gross pay is $125,000 a year.  He’s already completely paid up for his Social Security.  After claiming all of your deductions, let’s say your taxable income is $135,000 – that’s still in the 25% tax bracket.  Your tax liability would be $33,765.  That would be $26,115 for your regular tax plus another $7,650 for your self employment tax.

But what if your husband owned the business instead of you?  He’s already maxed out his social security taxes.  In this case, your total tax liability would be $27,565.  That would be the same $26,115 for the regular tax, plus only $1450 for the self employment tax (it would be the Medicare portion.)  In this example, it’s a total tax savings of over $6,000. 

What are the downsides?  Obviously, you wouldn’t want to have your business in your spouse’s name if divorce were a possibility.  It wouldn’t make sense to do this if your spouse’s wage income wasn’t above or at least near the social security maximum threshold.  Also, by putting the business in your spouse’s name, then you’re not contributing to your social security pool for the future.  See that $6,000 saved in the scenario above?  The best thing to do with that money is to put it towards your retirement. 

Another issue is continuity.  If you’ve had your business in your name for 20 years, why would you change it now?  On the other hand, if you’re starting a new venture maybe it makes sense to set it up that way.  You may have other perfectly legitimate reasons for not doing this as well.  It’s an option for saving some money, certainly not a requirement.

What Happens to Me When the Government Shuts Down?

Government shut down and debt ceiling

 

Revised January 22, 2018  (We keep seeing this issue, I keep re-running the same post!)

 

What actually does happen when the government “shuts down?”  Basically, items that are deemed “essential services” will still get funded.  Social Security and veteran’s payments will still get made.  The post office will remain open.  Medicare and VA health care will still run as usual.  And of course our military will still be there to protect us.

 

So where will we experience problems?  National parks will be closed to visitors.  Close to ¼ of all federal workers will be staying home.  Federal contractors could be furloughed and that could really hurt some folks here in St. Louis.  But, there could be an exception for jobs relating to national security so we’ll have to see how that plays out.

 

And what about the IRS?  Income processing positions will remain open.  That is; if you owe money, those folks are still working.  Refunds, on the other hand, could be delayed.  The information hotline would probably be closed as far as talking to humans.  But they’ve got a lot of electronic messages available.  If you can get your answers online that’s the best way to get information right now.    That’s right, it’s tax season you need help and they send home all the help desk people.  It makes about as much sense as taking a one week vacation when you’ve got something really important to do.

 

By the way, Congress is deemed to be essential so it will remain open during the government shutdown, as will the White House.  (Forgive me, I try not to be political, but if they shut the government, I think Congress shouldn’t get paid.  Only my opinion but to me it means they are not doing their job.)

 

 

 

 

Crime and Taxes

Tax fraud in prison

Tim Robbins and Morgan Freeman in Shawshank Redemption

In the Shawshank Redemption, Tim Robbins plays Andy, a banker falsely imprisoned for a crime he didn’t commit.  While in prison, he begins preparing tax returns for the prison guards which leads him to maintaining illegal books for the warden.  As Andy says to Morgan Freemans’ character, Red, “I never commited a crime until I went to prison.”

One of the more interesting aspects of the US tax code is that according to our tax law, you are required to report all of your income, even if it is from an illegal activity.  Anyone who’s seen the Untouchables knows that they got Al Capone for income tax evasion and not for any of the murders and other crimes he committed.  (Or am I supposed to say allegedly committed like they do on TV?)    Anyway, and I’m not making this up, the IRS  requires all thieves to report the fair market value of the items they stole on their tax returns.   Really.

But seriously, the crime I want to talk about is tax fraud.  In 2010, the number of fraudulent income tax returns increased by 50%.  That’s huge!  It’s estimated that 50,000 of those fraudulent returns were filed by prison inmates.  The IRS was able to catch about 4,500 of those forms because of falsely claimed Earned Income Credits.  EIC fraud is usually the easiest type of fraud to discover quickly because the IRS gets a conflicting tax return pointing out the fraud.  

Currently, state and federal prisons are not required to report the status of inmates to the IRS.  This makes it tougher for the IRS to catch the fraudulent prison returns and that hurts taxpayers who bear the tax burden while the fraud continues.   Of course, not all tax returns filed by prison inmates are fraudulent.  There are many legitimate tax returns that should be filed by prisoners.  For example:  a man is incarcerated in January but he had a full year of working on the outside and caring for his family before going to prison, that’s a very legitimate tax return. 

If the IRS had access to inmate status though, it would be much easier to determine which returns were for legitimate work,  and which returns were fraudulent.  While I’m not inclined to make life easier for IRS agents, this is one case where I think they deserve to have access to the tools that they need to do their job properly.

Tax Tips for Families with High School Aged Children

Planning for collegeIf you’ve got kids in high school, you know how expensive it can be—food, clothes, car insurance…  And of course, there’s that big expense coming up; college.   A little strategic planning right now could help you with your college expenses in the future.  Let’s take a look.

Senior year:  If your child is already a senior, you’ll be completing the FAFSA application soon.  You financial picture for the college process is already done so there’s not much you can do now.  Even if you don’t think that you’ll qualify for financial aid, you should complete the FAFSA anyway.  Should your financial situation dramatically change, you may be able to renegotiate your aid with the school.  You won’t be able to without a completed FAFSA application on file. 

Junior year:  This is the most important year for you as far as tax strategy.  If your child is a high school junior right now, then your 2011 income tax return is what will be used to determine your future financial aid.  It’s really important to think through any actions that may affect your income.  For example cashing out an IRA or 401(k) right now would increase your taxable income, and because of that would reduce your potential financial aid.  Cashing out stock for a capital gain—same thing.  On the other hand, cashing out stock for a capital loss would reduce your income.   Be sure to take advantage of any programs that would reduce your taxable income such as flexible spending accounts and adding to your 401(k) if possible.

Sophomore year:  This is the year before you’re working on the FAFSA.  If you anticipate that you’ll need to sell stocks, cash out 401(k)s or anything else that would raise your income, this is the year to do it in. While the parent of a junior would want to defer income, if your child’s a sophomore you’d rather claim the income during this year.  This is a little counter-intuitive.  A tax person is always going to advise deferring income, but this is the one year where that’s not the case because you really want to keep that junior year income down.

Freshman year:  Welcome to high school.  It’s hard to think about college when you’re still trying to adjust to Friday night football games and the concept of your child riding in a car with other kids.  In a perfect world, you’ve been saving for college since pre-school and you’re all set.  Unfortunately, the world isn’t perfect and life gets in the way.  Now’s the time to really think about money.  How are you going to pay for your child’s education.  While your student might not have a clue yet about what school to attend, you need to start thinking about it.  How much can you really expect to contribute to tuition?  How are you going to make up the difference?  You don’t need to solve all these issues now, but you need to do some serious thinking now, before you get to graduation without a plan.

Senior Small Business Owners: A Nice Surprise from the IRS

 

medicare part B can be used for the self employed health insurance deduction.

No clowning around: Medicare Part B can be used for the self-employed health insurance deduction.

Let’s be real, how often do you get to hear the words “surprise” “IRS” and “nice” in the same sentence?  I know it’s rare, but a nice surprise is exactly what senior citizen small business owners are getting this year from the IRS.  For 2010, your Medicare payment counts towards the self-employed health insurance deduction.

This is brand new.  So new in fact, that people don’t seem to know where this new rule came from.  In the past, Medicare payments were never allowed to be used for the self-employed health insurance deduction.  The rule is not in the Small Business bill that was passed earlier this year, and it doesn’t seem to be hidden in the numerous pages of the health care bill either. 

So where can you find this new mystery tax ruling?  It’s right in the 2010 instruction book for the 1040 tax form.  It says: Medicare Part B premiums can be used to figure the deduction.  …For more details, see Pub. 535

 

Now if you go to Publication 535, you’ll find it says:  Medicare Part B premiums are not considered medical insurance premiums for purposes of the self-employed health insurance deduction.

 

Oopsies!  But according to the IRS, a new Publication 535 is being produced and it will say that you can make the deduction. 

So what’s it worth to you?  Depending upon your tax bracket – a few hundred dollars!  The average Medicare Part B premium is about $1200.   For 2010 only, you can use that $1200 to reduce your self-employment tax which would save you about $180.  Additionally, you’d reduce your regular taxable income by $1200 so you’d save even more.

Should you be worried about the conflicting rules?  No.  According to the IRS, the 1040 instructions are the rule to use. I don’t expect this rule to stick around for next year, but enjoy the gift while you’ve got it.

Why Your Take Home Pay Looks Messed Up

Payroll check stub

Photo by Christopher Titzer

The number one question I’m getting these days (okay, besides how big will my refund be?) is “What happened to my take home pay?”  Hopefully, I’ve got some answers for you.

We’ve all heard that Congress voted not to increase our payroll taxes, but it looks like there’s more federal withholding being taken out of your paycheck.  What’s up with that?  Well, the income tax rate didn’t go up, but the “Making Work Pay” credit was taken out.  Because that credit it gone, your payroll withholding has gone up (somewhere between $400 and $800 per year depending on your filing status.)

The other change that we’ve heard about is that the Social Security withholding went down from 6.2% to 4.2%.  This makes your payroll withholding go down.  Depending upon how much you make, this might give you more take home pay than before, for others, it’s the opposite.  (Here’s a clue, the more money you make, the bigger this deduction will seem.)

If you get a pension, and not wages, the increase in the withholding will hit you harder because you don’t have social security withholding.

Now for many people, the payroll tax changes were not set up correctly for their first paychecks of the year.  Please don’t blame your payroll department; the changes came so late in the year, that computer programs were not programmed for the new rules.  This made for some crazy adjustments that showed up in later checks.  Hopefully, by now, your paycheck should be normal.

It’s always a good idea to check to make sure your payroll withholding is right.  The IRS has a withholding calculator that you can use to see if you’re on target for next tax season.  You might want to wait another week or so to make sure that all of the payroll adjustments are done and that you’ve got a “normal” check to look at before running the numbers through the calculator.  If you use a check with “adjustments” in it, the numbers will be crazy so make sure you’ve got at least two checks in a row that have the same withholding numbers in them.

Tax Tips for Persons with Different Abilities

Click here for link to Paraquad, Independence for People with Disabilities.

I received a notice from the IRS about  “Tax Benefits for Disabled Taxpayers” and the first thing it mentioned was an increased exemption for blind taxpayers.  I found it a little odd because in other parts of the tax code, blind doesn’t constitute a disability so go figure. 

In IRS speak, disabled generally means you can’t work and are unable to care for yourself.  But, there are plenty of people who are in wheel chairs, deaf, blind, or with some other “disability” but are perfectly capable or working and fending for themselves.  Confused?  Me too.  This blog post is going to cover tax issues for persons with any type of physical or mental impairment.

So first,  blindness:  there is an additional standard deduction for being blind or partly blind.  If you are partly blind, you must get a certified statement from an eye doctor stating that your corrected vision is not better than 20/200 in the better eye, or that your field of vision is not more than 20 degrees.  Keep the statement in your records.  Of course, if itemizing your deductions gives you a better return, do that instead.

 Disability related payments:  certain disability related payments such as Veterans Administration (VA) disability benefits and Supplemental Security Income (SSI) are excluded from gross income on your income taxes.   If you receive employer provided disability payments, those are taxable. 

Impairment Related Work Expenses:  If you have a physical or mental disability that limits your employment; you may be able to claim business expenses in connection to your workplace.  This is different from the regular employee business expense deduction because you don’t have to meet the requirement that the expense exceed 2% of your gross income.  An example of this kind of expense would be a special computer screen for someone with a vision impairment.  The key requirement here is that the expenses must be necessary for the taxpayer to work.

Medical Expenses:  If you itemize your deductions, you may be able to deduct your medical expenses.  This is true for anyone whether they have a disability or not.  What’s important here is that you can include costs for making your home more accessible as a medical expense.   An example of this would be installing ramps or widening doorways to your home.  If the improvements you make increase the value of your home, they are not deductible as a medical expense.  An example of something that probably wouldn’t be deductible would be a heated spa; while it would be beneficial to have the heated spa to alleviate pain, the spa would also increase the resale value of the home and therefore couldn’t be claimed as a medical expense. 

Earned Income Tax Credit:  EITC is available to disabled taxpayers as well as to parents of a child with a disability.  If you retired on disability and receive taxable benefits under your employer’s disability retirement plan, that’s considered to be earned income for purposes of the Earned Income Tax Credit until you reach retirement age.  EITC not only reduces your tax liability, but it may even result in a refund.

It’s important to know that EITC has no effect on certain public benefits. Any refund you receive because of the EITC will not be considered income when determining whether you are eligible for benefit programs such as Supplemental Security Income and Medicaid.  

 If you have a disabled child, there is no age limitation for EITC.

Also, taxpayers who pay someone to care for their dependent or spouse so they can work or look for work may be able to claim the Child or Dependent Care Credit.  There is no age limit to this credit if the child or spouse is unable to care for themselves.

For more information about tax benefits for persons with different abilities, check out IRS publication 907 http://www.irs.gov/publications/p907/ar01.html

What To Do If You Don’t Have Your W2

It’s important to have your W2s before you try to file your income tax return.  If you take your taxes to a professional, it’s against the law for us to file a return without having a copy of your W2 in our files.  So what do you do if you don’t have yours yet?

Well first, your employer has until January 31st to send your W2 out.  By now, you really should have it.  If it’s still missing, here’s what you need to do:

Call your employer.  That’s the easiest solution.  Give them a reasonable amount of time for it to arrive in the mail, but usually that will take care of the problem.  It doesn’t matter if he doesn’t like you or you left under bad circumstances, he has to give it to you—it’s the law.

 If calling your employer doesn’t help, and you have not received your W2 by February 14th, then you need to call the IRS.  You’ll be calling the main line at 1 800 829-1040.  They’re going to ask a lot of questions so be prepared to give them your name, address, city and state, zip code, social security number, and phone number.  Then, you’re also going to give them your employer’s name, address, city and state, zip code and phone number.  Plus, you’re going to need to give them your dates of employment, an estimate of the wages you earned, the federal income tax that was withheld, and when you worked for that employer during 2010.  Basically, you’re going to get that information off of your final pay stub.  The numbers are going to be off of the “year to date” column.

 After you’ve done steps one and two, then you can file your tax return.  You’re going to use a form called a 4852.  It works as a substitute for your W2.  All the information that you called in to the IRS, is going to go on the form 4852 again.  Warning -your refund will probably be delayed until the IRS can verify the payroll information provided.  (This is why it’s so important to try to get the W2 from your employer first.  If you’re getting a refund you don’t want it to be delayed.)

 Sometimes, people receive the missing W2 after they’ve filed the form 4852 and the information is different.  If that happens to you, you need to file an amended return (form 1040X.)    This doesn’t happen all the time, I just mention it so that you know in case it does happen to you.

 One thing that’s important to remember is that you are supposed to report all of your income, even if you didn’t receive your W2.  You can’t just take a late W2 and put it on next year’s taxes.  It can get you into trouble if you try that so please don’t.  Also, you might not receive your W2, but the IRS probably did.  If you file a return without your missing W2, but the IRS does get the W2, then you could get a nasty little letter from them about why didn’t you report all of your income?  And what’s even worse, in my opinion, is if filing the W2 would have gotten you a bigger refund.  The IRS usually doesn’t bother you if they owe you; it’s usually the other way around.  So be sure to have all of your paperwork before you file, you don’t want to miss a thing.