Tag: Federal Income Tax

Donations of Unreimbursed Expenses

May I deduct as charitable contributions expenses that I incur on behalf of a charitable organization that are not reimbursed?

Per IRS Publication 1771:

If a donor makes a single contribution of $250 or more in the form of unreimbursed expenses, e.g., out-of-pocket transportation expenses incurred in order to perform donated services for an organization, then the donor must obtain a written acknowledgment from the organization containing:

    a description of the services provided by the donor

    a statement of whether or not the organization provided goods or services in return for the contribution

    a description and good faith estimate of the value of goods or services, if any, that an organization provided in return for the contribution

    a statement that goods or services, if any, that an organization provided in return for the contribution consisted entirely of intangible religious benefits (described earlier in this publication), if that was the case.

In addition, a donor must maintain adequate records of the unreimbursed expenses. See Publication 526, Charitable Contributions, for a description of records that will substantiate a donor’s contribution deductions.
Example of an unreimbursed expense: A chosen representative to an annual convention of a charitable organization purchases an airline ticket to travel to the convention. The organization does not reimburse the delegate for the $500 ticket. The representative should keep a record of the expenditure, such as a copy of the ticket. The representative should obtain from the organization a description of the services that the representative provided and a statement that the representative received no goods or services from the organization.
Publication 1771 also reviews the disclosure requirements of charitable organizations.

Tax Center to Assist Unemployed Taxpayers

The IRS has set up a web page to give additional assistance to unemployed taxpayers.  There are references to publications that may prove helpful to the unemployed.  IRS also points unemployed taxpayers toward the possibility of starting a new business.  Here’s a video that talks about what to do if you’re unable to pay (IRS uses YouTube!)

Help! It’s time for my tax appointment!

Here’s a checklist that will help you organize the documents that are necessary for your tax preparer to assist you in the preparation of a complete and accurate return.

  • Estimated tax payments
  • Wages, salaries, and other employee compensation – Forms W-2
  • Pension and annuity income – Forms 1099R
  • Social Security benefits received – Forms SSA
  • Interest income, statements of tax exempt interest earned, and
  • seller-financed mortgages – Forms 1099-INT
  • Dividend income and statements of tax exempt dividend earned – Forms 1099-DIV
  • Miscellaneous income – Forms 1099 or other forms
  • Stock brokerage statements
  • Income from business – Attach a schedule of income and expense for each business
  • Details of home office expenses
  • Capital gains and losses – Forms 1099-B and 1099-S
  • Sale/purchase/refinance of personal residence; home equity loans
  • Job-related moving expenses
  • Rental income – Provide a separate schedule for each property
  • Income from partnerships, estates, trusts, or S corporations – Forms K-1
  • Contributions to retirement plans including IRA’s and ROTH IRA’s
  • Alimony paid/received
  • Itemized deductions including:
  • Medical and dental expenses
  • Taxes (including Sales Tax!)
  • Interest – Mortgage, student loan, other
  • Contributions, including expenses incurred in performing volunteer work, auto mileage
  • Casualty and theft losses
  • Investment-related expenses
  • Employee business expenses
  • Business mileage and travel
  • Child care expenses
  • Education Expenses
  • Please note any changes in dependents or filing status.

ps, a nice bottle of wine is always appropriate.

Savings Opportunities for 2009 from Tax Law Changes

IRS Fact Sheet FS 2010-4 provides a summary of new and expanded deductions and credits available for the 2009 filing season.  Here are some topics that are covered:

  • American Opportunity Credit helps pay for the first four years of college.
  • Many energy improvements qualify for expanded tax credits.
  • New vehicle purchase incentives.
  • Tax credits for low and moderate income workers.
  • Standard deduction increases for most taxpayers.

Read the full text at the link provided above.

Extended Business Carryback Period

IRS Rev. Proc. 2009-52 provides guidance under Section 13 of the Worker, Homeownership, And Business Assistance Act 2009.  Section 13 allows taxpayers to elect to carry back an applicable NOL for a period o 3, 4, or 5 years, to offset taxable income in those preceding taxable years.  It applies to NOLs for a taxable year ending after December 31, 2007, and beginning before January 1, 2010.  An election must be attached to the appropriate carryback form.  Here is sample language from the IRS website:

ABC Company is electing to apply Section 172(b)(1)(H) under Rev. Proc. 2009-52.  ABC Company is not a TARP recipient and was not an affiliate of a TARP recipient during 2008 or 2009.  We are electing a 4 year carryback period.

House “Extenders” Package Unveiled

On December 7, House Ways and Means Committee Chair Charlie Rangel (D-NY) formally introduced H.R. 4213, the “Tax Extenders Act of 2009.” The 110-page measure, which would extend for one year 40-plus provisions that are set to expire at the end of this year, would be paid for by new foreign account tax compliance measures, and taxing “carried interest” as ordinary income. The bill is slated to be considered by the House Rules Committee on December 8, and then proceed directly to the House floor.
Individual provisions that would get a one-year lease on life are the election to claim an itemized deduction for state and local general sales taxes, the additional standard deduction for real property taxes, and the above-the-line deductions for qualified tuition costs and for schoolteachers.

On December 7, House Ways and Means Committee Chair Charlie Rangel (D-NY) formally introduced H.R. 4213, the “Tax Extenders Act of 2009.” The 110-page measure, which would extend for one year 40-plus provisions that are set to expire at the end of this year, would be paid for by new foreign account tax compliance measures, and taxing “carried interest” as ordinary income. The bill is slated to be considered by the House Rules Committee on December 8, and then proceed directly to the House floor.

Individual provisions that would get a one-year lease on life are the election to claim an itemized deduction for state and local general sales taxes, the additional standard deduction for real property taxes, and the above-the-line deductions for qualified tuition costs and for schoolteachers.

Estate Tax Relief and Extenders

On December 2, Democratic members of the House Ways & Means Committee predicted that the House would take up an estate tax relief bill this week. H.R. 4154, the “Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Act of 2009, ” is slated to be considered by the House of Representatives on December 3. Ways & Means Select Revenue Subcommittee Chair Richard Neal (D-MA) said he expected that the House would actually pass the bill on December 3. An extenders bill may be taken up as early as next week.

(Checkpoint’s Newsstand)

Independent Contractor or Employee?

The IRS has compiled the following top ten list of things every business owner should know before classifying a worker as either an employee or independent contractor  (IRS Summertime Tax Tip 2009-20, 8/21/09) :

(1) Three characteristics are used by the IRS to determine the relationship between businesses and workers: behavioral control, financial control, and the type of relationship.
(2) Behavioral control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training, or other means.
(3) Financial control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker’s job.
(4) The type of relationship factor relates to how the workers and the business owner perceive their relationship.
(5) If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.
(6) If you can direct or control only the result of the work done — and not the means and methods of accomplishing the result — then your workers are probably independent contractors.
(7) Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.
(8) Workers can avoid higher tax bills and lost benefits if they know their proper status.
(9) Both employers and workers can ask the IRS to make a determination on whether a specific individual is an independent contractor or an employee by filing a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS.
(10) You can learn more about the critical determination of a worker’s status as an independent contractor or employee at the Small Business/Self Employed Tax Center on the IRS website at http://www.irs.gov/businesses/small/index.html. Additional resources include IRS Publication 15-A (http://www.irs.gov/pub/irs-pdf/p15a.pdf), IRS Publication 1779 (http://www.irs.gov/pub/irs-pdf/p1779.pdf), and IRS Publication 1976 (http://www.irs.gov/pub/irs-pdf/p1976.pdf).
  1. Three characteristics are used by the IRS to determine the relationship between businesses and workers: behavioral control, financial control, and the type of relationship.
  2. Behavioral control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training, or other means.
  3. Financial control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker’s job.
  4. The type of relationship factor relates to how the workers and the business owner perceive their relationship.
  5. If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.
  6. If you can direct or control only the result of the work done — and not the means and methods of accomplishing the result — then your workers are probably independent contractors.
  7. Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.
  8. Workers can avoid higher tax bills and lost benefits if they know their proper status.
  9. Both employers and workers can ask the IRS to make a determination on whether a specific individual is an independent contractor or an employee by filing a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS.
  10. You can learn more about the critical determination of a worker’s status as an independent contractor or employee at the Small Business/Self Employed Tax Center on the IRS website   Additional resources include IRS Publication 15-A , IRS Publication 1779 , and IRS Publication 1976 .

Build your real estate knowledge

With the attractive opportunity to receive up to $8000 from your fellow taxpayers if you are a first time home buyer or have not owned a home for three years,  there are some important issues to consider before you buy a home:

Set realistic price guidelines:
 Determine what size mortage payment will fit into your monthly budget.  As a general rule,  your monthly housing cost should not exceed 25 to 30 percent of your gross monthly income (before taxes).  Monthly housing costs include your mortgage principal payment, interest payment, property taxes and home insurance.

Don’t forget the extras:
 Remember the other expenses you’ll be paying each month.  You may also need to pay for items such as moving expenses, new furniture, home appliances, and improvements and repairs.  Ideally, you should include in the percentage given above an amount saved as a repair allowance.

Your credit situation:
Before starting your home search, evaluate your current credit situation and credit history.  This allows you to take steps to repair your record before you apply for a mortgage.

Remember the tax advantages:
On your rearly tax return, you can deduct the interest you pay to buy, construct, or improve your principal residence.  You can also deduct the real estate taxes you pay on your home.