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06 August 2016
Charitable giving is a wonderful thing. You can provide targeted assistance to other members of our society who need a helping hand. It's a cost-effective way to help make the world a better place. It’s such a wonderful thing the government encourages it by providing tax breaks for those who give to charity. If you itemize your deductions, you can subtract your contributions to charity from your taxable income and lower your tax bill. Most of my clients take advantage of that tax incentive and give some money to charities each year.
If you pay state income taxes in Virginia, you get a double bonus. The charitable deductions from your federal tax return also carry over to your Virginia return. Not only do you not pay federal income taxes on the money you donate to qualified charities, but you don’t pay Virginia income taxes on it either.
If you think about it, that’s fairly generous on Virginia’s part. You might be giving money to the Boys and Girls Clubs in San Bernardino, California, and you still get a Virginia tax break for it. The Boys and Girls Clubs of San Bernardino is a worthy charity, I’m sure, but it doesn’t really help any Virginians for you to donate money to charities out of state. You still get a Virginia tax break for it, though.
The fine folks in Richmond recognized this overtly generous situation and decided they wanted to provide a separate incentive to encourage Virginians to donate their money to local (Virginia) charities. What they came up with was a humdinger of a tax credit called the Neighborhood Assistance Program (or the Neighborhood Assistance Act Credit). If you make a contribution to a Neighborhood Assistance Program (NAP) qualified charity you can get up to a whopping 65% Virginia tax credit for your donation.
Let’s look at a quick example to see just how staggering that number (65%) really is:
John and Jane Doe are Virginia residents. Their top marginal federal tax rate is 25%, and their Virginia marginal rate is 5.75%. They give $1,000 to a NAP-qualified charity and are eligible for a 65% tax credit on their Virginia taxes.
They gave $1,000 to charity and it lowered their taxes by $957.50. Total cost to them was only $42.50.
The NAP is complex, so don’t just start throwing money at a local charity and expect a big tax credit. Virginia makes you work for this, but given how generous the program is I don’t really blame them.
The minimum donation for individuals is $500. That’s a bit steep for many, but I find quite a few clients who give more than that annually, they just break it up into smaller pieces and spread it throughout the year. If you plan ahead to make one large donation you may be better off in the long run. (Oh, and if you’re interested, the maximum amount an individual can give under this program is $125,000/year. Dare to dream.)
Next you have to find a NAP-qualified charity. The Virginia Department of Social Services posts a list of them every year. YOU NEED TO CONTACT THE CHARITY FIRST BEFORE YOU QUALIFY FOR THE CREDIT. Virginia puts a fixed dollar cap on the available credits, and wants to spread the money somewhat evenly across all of the qualified charities. To help this along they put the charities in the driver's seat. The qualified charities each get a certain value of credits for the year they can award to donors. If you give money to one of these charities, you need to make sure they have credits available to award you for your donation. The list of charities with credits to give comes out in July. You should contact your preferred charity in July to secure your credits. By August many charities are out of credits, but you can probably still find some if you call around.
Once you have verified the organization you want to support has available tax credits, make your donation. You can’t have any strings attached to your donation or receive anything of value from the organization in return. The charity should then provide you with a Contribution Notification Form (CNF) that you fill out and return to them. The charity forwards your CNF to the Virginia Department of Social Services and the VDSS issues you a tax certificate proving you are entitled to the NAP Tax Credit.
When you file your Virginia taxes you include the information about the donation on Schedule CR, and you are done.
Virginia puts a fixed dollar cap on the amount of credits they will refund each year. In the event the total credits claimed exceed the fixed cap everyone claiming the credit will see a reduction in the credit. In other words, the credit might only be 60% or 62%, or 58%. You won’t know until all of the credits are counted in Richmond for the year.
The credit is non-refundable. If it takes your total Virginia tax liability down to zero and you still have unused credit, the difference won’t be refunded to you. However, any excess unused credit can be carried forward to the next tax year (for up to 5 years).
You can also give to programs approved by the Virginia Department of Education to receive the NAP credit. Your tax certificate will come from the Superintendent of Public Instruction (vice the VDSS) if you give to an educational charity.
Virginia allows both 501(c)(3) and 501(c)(4) organizations to participate in the NAP. Donations to 501(c)(4) organizations are not deductible from taxes (there are a few rare exceptions), but you would still qualify for the Virginia NAP tax credit. Be sure you know the tax exempt status of the charity you are giving to before you make your donation.
This is a really powerful tax incentive. Virginia wants these charities to receive your money so that it stays at work here in Virginia. I hope to see more people taking advantage of this generous credit next year. If you want more information about the program, please contact me.
24 July 2016
As part of my service here I provide a free review of a client’s prior year tax returns. Most of the time I find errors that can be corrected by amending the prior year return, usually resulting in a refund from the IRS. Most of the time the tax return was self-prepared by the taxpayer, but I also find mistakes made on returns prepared by other tax professionals.
I thought I would make a post of the most common errors I found on tax returns this past year. If you’re preparing your own taxes it might give you an idea of some things to watch out for.
I commonly find this on the tax returns of military personnel. The military member has a home of record in a state that doesn’t have an income tax. When they itemize their tax deductions on Schedule A, they leave line 5 empty. But line 5 allows you to choose between deducting state income taxes or sales tax. If you can’t take a state income tax deduction because you don't pay state income taxes – then for Heaven’s sake, take the sales tax deduction!
For some military families where the spouses file jointly, it is still better to take the sales tax deduction than the state income tax deduction even if they do pay state income taxes. It's rare, but it happens. It depends on the relative incomes of the individual spouses. Take some time to figure it out – it’s worth real money! (Read more about this.)
Reviewing my records for this post I found only one landlord in the past two years who did his own taxes and correctly calculated the depreciation on his property. I’m not going to try to explain how to figure depreciation here, but given the number of errors I see by do-it-yourselfers, it is clearly complicated. One of the things that makes it so complicated is that the forms the IRS provides are not very helpful in explaining how to fill in the blanks.
If you’re trying to calculate depreciation on a rental property for yourself and you get stuck, get help from a tax professional. The IRS will make you rectify your depreciation numbers when you sell the property and I have seen some significant tax consequences to taxpayers who thought they understood depreciation but did not.
The typical scenario here is that Grandma opened a Unified Gifts to Minors Act (UGMA) account in Junior’s name and put some stock or a mutual fund in it. Junior is now six years old and receives a 1099-DIV for the $120 in dividends he earned. The parents include that money in their income and pay taxes on it. This is a mistake.
Junior is his own tax entity. His money is his money – it isn’t your money. You don’t have to pay taxes on it. Even better – Junior doesn’t have to pay taxes on it either until his interest and dividends (unearned income) reaches $1050. Once you get above $1050 the rules get strange fast. If you have questions about those rules just ask, but stop paying taxes on your kid’s $120. It isn’t necessary. (And UGMA's aren't that great, either. There are usually better options for grandparents who want to help. You can ask me about that, too.)
Here’s how this one usually goes: John and Mary had $3,000 withheld for state income taxes in 2014, but their actual state income taxes owed for 2014 was $4,000. To pay it they stroked a check to Virginia for $1,000 in April 2015.
In 2015 John and Mary had $3,000 withheld from their income for state income taxes. They itemize their FEDERAL tax return and claim the $3,000 that was withheld as their state income tax deduction on Schedule A.
The problem is that John and Mary actually paid $4,000 to Virginia in 2015 – the $3,000 they had withheld and the $1,000 they paid in April to settle their 2014 tax bill. They should be claiming a $4,000 deduction for state income taxes, not just the $3,000 that was withheld from their income. Don't forget to deduct the amount you paid in addition to the wage withholding!
Many taxpayers have more than one job, or they need to drive for work. Both of these situations can create an opportunity for the taxpayer to deduct expenses for using their own vehicle. I wrote a complete post about this previously, so you can get the additional details here.
This isn’t really a tax preparing error – the IRS doesn’t require you to use your HSA. However, for most people it’s a big mistake to not use it. You’re missing out on an enormous tax benefit. You can put money into it tax free, growth of the money in the account is tax free, and as long as you use the money for medical expenses you can take the money out tax free as well. Free when it goes in, free while it grows, free when it comes out - that’s Tax Nirvana!
When it comes to taxes I’d rather have an HSA than an IRA. There’s no income limit on getting a deduction for your contributions to an HSA – not true for an IRA. You can just about guarantee that your medical expenses will be significant in retirement, so being able to use it for medical expenses is a very solid bet. And, if you’re fortunate enough to have good health for your entire life, you can still take the money out after you are Medicare eligible and not have to pay any penalties on the withdrawal. You’ll pay normal taxes if you don’t use it for medical expenses, but you’d do that with an IRA anyway. You are essentially making a free bet that you’re going to have medical expenses – but if you don’t have medical expenses you’re no worse off tax-wise than if the money was in an IRA.
I am stunned when I see taxpayers with unused cap space on their HSAs. They are missing a real opportunity to save money on taxes by not fully utilizing this great tax benefit.
I offer to amend returns when I find errors. I charge a fee for that, of course. I am running a business here, after all. But just because I am running a business doesn’t mean I want people who prepare their own taxes to make errors that cause them to overpay the IRS. The tax code has built in protections and benefits for taxpayers. Everyone should be taking advantage of them.
If you have questions or want me to review your taxes, please contact me.
10 July 2016
US taxpayers working and living abroad may qualify for the Foreign Earned Income Exclusion. I won’t get into how one qualifies for it here – that’s a whole different set of (highly complex) rules. Suffice it to say you essentially have to be working out of the United States for a year before it starts to become a possibility.
It’s a really good tax benefit, but not as good as I think it should be. I’ve completed the tax returns for several people who claimed it in 2015, and it’s never quite as good as they think (or hope) it will be either. There are two main reasons for that, and they are somewhat complicated. I’m going to break those two reasons down and make them easier to understand.
The amount of foreign earned income that can be excluded from your income for tax purposes is capped. In 2015 it was $100,800. The maximum amount is indexed for inflation, so it goes up every year. The issue here is the cap is also limited by the amount of time you actually worked in a foreign country during the year. The only way to get the full $100,800 exclusion is to be in the foreign country all 365 days of the tax year. That’s not very common.
Let’s say a person worked in a foreign country from July 1, 2015 until June 30, 2016, and they meet the requirements to qualify for the Foreign Earned Income Exclusion. That span covers two tax years. The foreign earned income received from July 1 – December 31, 2015 goes on the 2015 tax return. The foreign earned income received from January 1 – June 30, 2016 goes on the 2016 tax return. This person earned $100,000 from July 1 – December 31, 2015. That’s below the 2015 cap of $100,800 for the Foreign Earned Income Exclusion, but that entire $100,000 cannot be excluded – even though it was all foreign earned income.
We have to apply the ratio of days in 2015 in the foreign country to the amount of foreign earned income to determine how much can be excluded.
From July 1 – December 31 is 184 days.
184/365 = .504 (the tax code has us round to 3 places)
.504 X $100,800 = $54,432
The maximum amount this individual can exclude as foreign earned income in 2015 is $54,432 - well below the $100,000 they earned overseas.
The second reason this tax benefit isn’t as good as it could be is the IRS uses a special calculation to figure the tax on income that is reduced by Foreign Earned Income Exclusion. It’s right there on page 42 of the 2015 Form 1040 Instructions: If you claimed the foreign earned income exclusion, housing exclusion, or housing deduction on Form 2555 or 2555-EZ, you must figure your tax using the Foreign Earned Income Tax Worksheet. Below is the important part of that worksheet:
Essentailly the worksheet has you add the foreign earned income back to your taxable income. Then you find the tax on that amount. Then you find the tax on the amount of the excluded foreign income and subtract that amount from the tax on the total.
This matters because the IRS is not treating this excluded income like a deduction. Deductions come off the top of your income, and you receive the tax benefit at your top marginal rate. What this fancy little worksheet does is rearrange things to take the Foreign Earned Income Exclusion off the bottom of your income. Your tax savings come at your lowest marginal rates instead of your highest marginal rates.
That’s a bit of a tough concept to comprehend, so I made some graphics that I hope will clarify it for you. We will stick with the numbers from the first example. Our hero – the taxpayer – made $100,000 in 2015, of which $54,432 qualifies for the Foreign Earned Income Exclusion. We exclude that from his income. Let’s also assume that through other deductions and exemptions his taxable income on line 43 comes to $30,000. We’ll also make him single and use the tax rates for taxpayers filing as single.
First, let's look at the marginal tax rates for a single taxpayer in 2015:
Now let's take a look at a graphic showing the difference between his foreign earned income being treated as a regular deduction (How it should be) vs the way the Foreign Earned Income Tax worksheet treats the Foreign Earned Income Exclusion (How it is):
The left side shows the taxpayer's total taxable income stack next to the tax rates chart. When we exclude the foreign earned income from the top (as if it were a normal deduction) the remaining $30,000 of income is taxed at the lowest tax rates.
The right side shows nearly the same thing, except that the foreign earned income is excluded from the bottom of the income stack. That leaves the remaining $30,000 being taxed at the taxpayer's highest rates.
If that seems insignificant, it is not. If the taxpayer could just figure his tax on the $30,000 as if the foreign earned income was treated like a deduction (How it should be), then his tax bill would be $4,043. By using the worksheet and taking the Foreign Earned Income Exclusion off the bottom (How it is) the taxpayer has a tax bill of $7,500. A difference of $3,457. That little Foreign Earned Income Tax Worksheet calculation creates an 85.5% increase in the taxes owed by the taxpayer!
Don't get me wrong - it's still a HUGE tax benefit to use the Foreign Earned Income Exclusion. Without it our hero's tax bill would have been $16,900 instead of $7,500. How it is still reduced the tax burden by $9,400 for this taxpayer. That's significant money. It just irks me that our government comes up with this additional way to calculate the tax that prevents the benefit from being as good as it could be. (With the added bonus of making the tax calculation nearly incomprehensible to most taxpayers.)
On a happier note - Virginia doesn't bother with this fancy calculation for state tax returns. Like many states, Virginia's state income tax calculation begins with the Federal Adjusted Gross Income. Since the foreign earned income is removed prior to the federal AGI calculation, that income never even makes it onto the Virginia tax return. In essence, it has come off the top for Virginia tax purposes.
If you qualify for the Foreign Earned Income Exclusion, make sure you are using it. If you have questions about the Foreign Earned Income Exclusion please contact me.
22 June 2016
Many people know “529” accounts are available as a tax-advantaged way to save money for higher education. If you’ve been reading this blog you also know I am a BIG fan of the 529 college savings programs, even though there are some pitfalls 529 investors need to watch out for when taking money out of a 529 to pay for college expenses.
What I suspect many people don’t know, however, is that in December 2014 Congress expanded authorities under Section 529 for states to establish another type of tax-deferred savings program. This program is for people with disabilities. It’s called the 529 ABLE program – and I like it just as well as the 529 College Savings programs. Maybe more.
When Congress creates a tax (or a tax break), they will usually give it a name like “The Affordable Care Act” or “The Child and Dependent Care Credit”. If the media picks up on it, the name sticks. When they don’t we tend to default to calling it by the section of the Internal Revenue Code (IRC) that was added or modified to create it. For example, if I ask people if they have an “employer-sponsored retirement plan” they usually look at me with a blank stare. If I ask “do you have a 401K?” they know exactly what I mean. (Modern employer-sponsored retirement plans were created under section 401K of the IRC.)
The Affording a Better Life Experience (ABLE) Act was passed by congress in December 2014. It didn’t get much news time, so the name didn’t stick. The ABLE Act was passed by expanding state authorities under Section 529 of the IRC – the same section that authorizes states to establish tax-qualified accounts for college savings. Thus, we default to calling them 529 ABLE accounts. (I’ve seen them called “529A” accounts in a few places. Perhaps that will ultimately stick as a name.)
The primary issue being addressed by Congress was that many people with disabilities end up requiring social services (Social Security Income, Social Security Disability Insurance, Medicaid, etc.) to get by. Many social services are “means tested” – if you have money or assets, you don’t qualify to receive benefits under the programs. This created a disincentive for people with disabilities to save for their future. Sticking a few thousand in a retirement account could cost you tens of thousands in social services support. Wealthier families could create complex trusts to support a disabled child or relative without jeopardizing their access to social services, but most families either skirted the law by (illegally) keeping assets in someone else’s name or just not saving anything at all for the person with a disability.
That’s where the 529 ABLE account comes in. A person with a disability (or their family) can now save money in a tax-deferred account without it impacting their access to social services*. It’s a great incentive to be independent and self-supportive.
Each state will develop its own 529 ABLE program, so there will be variations among the individual programs offered by each state. They must all follow the IRS guidance, however, so there will also be a lot of common ground. Some states are making their program available nationwide. You don’t necessarily have to be a resident of a particular state to participate in their 529 ABLE program.
To be eligible for a 529 ABLE account an individual must meet one of the following criteria:
If you are eligible, you can open a 529 ABLE account. Once the account is open, up to $14,000 can be deposited to it annually as long as the total account balance is below the state’s established limit. Ohio has the first 529 ABLE program, and their established account limit is $426,000. If you have an Ohio ABLE account and the balance is greater than $426,000 no further contributions can be made to the account until the balance is below $426,000. That’s a generous limit. Not one most individuals will need to be concerned with. Other states may have other limits. The $14,000 annual limit is on the account, not the contributor. Total annual contributions from all sources cannot exceed $14,000.
Withdrawals (tax geeks like the word ‘distributions’, but it means the same thing as a withdrawal) from the account are tax free as long as the money is used on expenses meeting the following criteria:
Fortunately, the IRS guidance on the 529 ABLE accounts made a very broad interpretation of the above rules. 529 ABLE withdrawals can be used for housing, transportation, employment support, healthcare & wellness, legal fees, financial management, oversight, communication services, etc. Just about anything that supports the life and well-being of the disabled person qualifies as a legitimate expense.
This is a really great program for taxpayers with disabilities. My brother, Tom, has Down Syndrome and our family has been chomping at the bit for the 529 ABLE program to come online since the law was passed by Congress in 2014. Although Tom has been working and saving for nearly 30 years, we didn’t want his money in a retirement account (like an IRA) because we are concerned he may need the money before he is 59 ½ - the minimum age for withdrawal without tax penalties.
Tom is a resident of Ohio, and we were lucky that Ohio had the first 529 ABLE program made available to the public. I reviewed the program and was very satisfied with the job Ohio had done in terms of simplicity, value, and convenience. We started moving Tom’s assets into his Ohio 529 ABLE account just a few weeks ago.
Virginia is scheduled to roll out their 529 program later this summer. You can expect me to review it when it does. In the meantime, if you want additional information about 529 ABLE accounts, please contact me.
*Individuals receiving SSI should be aware that once the balance of the account exceeds $100,000 it starts to impact SSI eligibility. The first $100,000 is discounted, but above that eligibility is impacted. If the account balance is $102,000 then $2,000 is counted as an asset toward SSI eligibility.
27 May 2016
The deduction for mileage one of the tax breaks I see taxpayers not taking as often as they should be. More people qualify for it than they realize, and I am writing this article because I want more people to realize it! It can make a tremendous difference in your tax bill at the end of the year.
People who drive as part of their job are generally aware they can deduct mileage as a business expense, but many don’t fully grasp the significance of the deduction. It can be huge. I had a client this year who mentioned his mileage as an afterthought. I had prepared his taxes and reviewed the return with him. Then he mentioned that he frequently drives to temporary work locations as part of his job. He had records of the mileage in his car. I had him go get them and he sat and watched me add the deduction to his tax return. He was able to see in real time as $1,800 came off his tax bill. I doubt he’ll ever forget to mention his mileage to me again!
It’s a bit of a trick question. There really isn’t a mileage deduction, but there are deductions for vehicle expenses if you used your vehicle for work/business, for moving, or to support a charity. In all of those situations you can either deduct the actual vehicle expenses or you can take a standard deduction based on the number of miles driven for the specific activity. The standard mileage rate is much simpler to calculate and track, and it often provides a larger deduction than the actual expenses.
No matter which method you are using to deduct your vehicle expenses be sure to track your tolls and parking separately. You can deduct the cost of those items even if you are using the standard mileage rate to figure your deduction.
Driving for work or business – 57.5 cents per mile (drops to 54 cents per mile in 2016 – the cost of operating a vehicle is cheaper than it used to be).
I love this diagram. It comes from IRS pub 17 and makes determining whether or not your mileage is deductible as work or business a breeze. I think it should go into the Smithsonian. It is a national treasure.
Driving to your regular work location (your normal commute) and then back home is never deductible. But if you leave your normal work location to go to a temporary work site or a second job, that mileage is deductible. If you drive from home to a temporary work location that mileage is deductible. If you drive from your temporary work location to your second job, that mileage is deductible.
Moving Mileage – 23 cents per mile.
As I mentioned in a recent post, you can deduct moving expenses associated with starting a new job. You can refer to that post if you want more details.
Charitable Mileage – 14 cents per mile (18 cents per mile in Virginia!)
If you use your vehicle in the service of a qualified charitable organization, you can deduct the actual expenses of the gas and oil or you can take a standard mileage rate deduction of 14 cents per mile. So, if you drove your kid’s scout pack down to Kitty Hawk to see the Wright Brothers museum, keep track of that mileage because at tax time you can write that off as a charitable contribution.
Virginia allows a deduction of 18 cents per mile for charitable driving, so if you’re filing in Virginia be sure to get your extra 4 cents per mile deducted from your Virginia taxable income.
In order to take the deductions for work/business miles or charitable driving miles you will need to itemize your deductions on Schedule A. Moving expenses are an adjustment to income, so you don’t need to use schedule A in order to deduct those miles.
If your employer reimburses you for mileage you may still be able to deduct vehicle expenses at the standard mileage rate. It all depends on the manner of the reimbursement. If your employer uses an accountable plan to reimburse employees for travel, then your mileage won’t be deductible. Many employers, however, don’t use an accountable plan. Many will just bump up an employee’s salary to compensate them for using their personal vehicle for company business. In that case, you are not actually being reimbursed for mileage, and you can take the deduction. (If you aren’t sure whether or not you are reimbursed on an accountable plan, ask your employer.)
The IRS requires taxpayers to have adequate records to substantiate their mileage deductions. What exactly does adequate records mean?
For claiming vehicle expenses, including the standard mileage rate, the IRS wants you to have a mileage log. Your mileage log needs to have all of your business mileage logged and it also needs to have the total mileage that you drove for the year. (Even if you are claiming the standard mileage rate deduction the IRS wants you to report the total mileage for your vehicle for the year.)
There’s an app for that! In fact, there are several apps for tracking mileage. I use one known as MileIQ. It uses the GPS in my phone to track individual drives and distances. After I arrive at my destination I get a phone alert that a new drive was recorded. I tap the alert to open the app and review the drive. If it was a drive for personal reasons I swipe left. If it was for business I swipe right, and the drive is recorded as such. I typically just clear all my drives at the end of the day. It takes 30 seconds and I have a driving log.
The app is free for up to 40 drives per month. If you drive more than 40 times per month (and you probably do) then it’s $60/year. It is available from Apple and the Google Play store.
If you think you might be able to deduct some of your driving miles as a business, moving or charitable donation – but aren’t sure – contact me. We’ll get it sorted out.
19 May 2016
Wow! Almost a month since I have published a blog post. I've been rather busy getting the financial planning side of the business set up. Additionally, there were some management changes with the office I rent and I had to spend some time figuring out if I would be able to stay here at 582 Lynnhaven Pkwy or if I was going to have to find a new office. (That's all settled, and I am staying right here!) And lastly, I had a kidney stone. A big, nasty 7 mm one that attacked during the evening of the last day of tax season! That had me out of commission for a while, but now I am back at full stride. Time to start posting again.
I thought I'd ease back into the tax blog with a little history on the ordinary and necessary requirement for business expenses.
Harold Lloyd Jenkins made a significant impact on the federal tax code when he won his lawsuit against the Commissioner of the IRS. In its ruling favoring Jenkins the tax court defined the standard for Internal Revenue Code section 162 ordinary and necessary business expenses. That standard is still in effect today. If none of this seems interesting, keep reading – it gets better.
Harold Lloyd Jenkins was much better known by his stage name Conway Twitty. As a singer, songwriter, and producer Twitty collaborated on 55 number one country, pop, and R&B music records during his career. He may be best known for a series of country duets he did with Loretta Lynn in the early 1970s. What he is not remembered for is Twitty Burger.
Twitty Burger was a string of hamburger restaurants Jenkins/Twitty opened with investor backing in 1968. By 1971 it was evident the restaurants had no future and were closed. In 1973 and 1974 Twitty repaid some of his Twitty Burger investors with money he earned as a recording artist. He deducted those payments to investors as an expense to his business of being a recording star.
The IRS disagreed that repayments to investors for a previous failed business were an ordinary and necessary business expense for a recording artist and demanded Twitty adjust his tax returns and pay the taxes on that money. Twitty and his lawyers took the case to Tax Court where they argued that a country music singer’s reputation was essential to the success of his business/career, and that failing to repay the Twitty Burger investors would have damaged Twitty’s reputation within his industry. Therefore, the repayments met the standard for being ordinary and necessary business expenses for a country music singer.
The tax court agreed. The court ruled that two questions need to be taken into consideration when determining ordinary and necessary:
1) What is the motive for making the payments
2) Is there is a sufficient connection between the expenditure and the business from which it is deducted
In Twitty’s case the court ruled that Twitty made the repayments to investors to protect his reputation, and that his reputation was essential to his business as a recording artist.
In short, the court set the standard that being ordinary and necessary was dependent on the particular profession. Expenditures that are not ordinary and necessary in one profession may be ordinary and necessary in another. An insurance salesman can’t claim fire-proof pants are an ordinary and necessary expense, but a fire fighter can. This ordinary and necessary standard remains in effect today.
As an odd footnote to this story, the Tax Court concluded their written ruling on the case in the form of a country music ballad.
"Ode to Conway Twitty"
Twitty Burger went belly up
But Conway remained true
He repaid his investors, one and all
It was the moral thing to do.
His fans would not have liked it
It could have hurt his fame
Had any investors sued him
Like Merle Haggard or Sonny James.
When it was time to file taxes
Conway thought what he would do
Was deduct those payments as a business expense
Under section one-sixty-two.
In order to allow these deductions
Goes the argument of the Commissioner
The payments must be ordinary and necessary
To a business of the petitioner.
Had Conway not repaid the investors
His career would have been under cloud,
Under the unique facts of this case
Held: The deductions are allowed.
20 April 2016
My first tax season out on my own is in the books, and I want to thank the people of Hampton Roads for making it a great success!
I previously worked for The Big Box, so I wasn’t new to taxes, but opening my own tax firm took a leap of faith. I had to find my own office, get my own software, develop my own processes, and then hope that some clients would not just find me, but trust me with their finances. These are not small things if you’re serious about building your own tax business.
Back in January I wondered if this Grand Plan of mine was going to work. I have to confess I even worried a little bit. Now that tax season is over I look back with a great deal of satisfaction at how things went.
Not that there weren’t some bumps in the road. Some growing pains. There were. I learned some things along the way that I plan to use to make next year even better.
But for now I just want to take this opportunity to thank my inaugural year clients. Nearly all from Virginia Beach, but a few from other parts of Hampton Roads. It was great to get to know each and every one of you. The feedback you provided was essential in helping me build the practice I want to build.
There are some amazing people doing amazing things in the world. It is inspiring to discover so many of them are my neighbors. I hope to see you all again next year.
And I hope to see some of you even sooner than that. Somewhere around the middle of tax season the state of Virginia approved my application for PIM Financial Partners to be a Registered Investment Advisor. Some of you expressed an interest in financial planning while we reviewed your taxes, and those services will soon be available.
Thanks and VR,
13 April 2016
I read about it all the time and I have made several Facebook posts about it this tax season, but identity theft got personal for us this year. Our tax return could not be e-filed with the IRS because Tade’s social security number had already been used by someone else. Someone stole her social security number and filed a tax return in her name, which blocks us from being able to file our return electronically.
It’s strange when it happens. I do our own taxes, of course, so I was the first person to see the rejection notice from the IRS stating that her social security number had already been used. My first reaction was equal parts shock and outrage – HOW DARE SOMEONE DO THIS! That first reaction hasn’t changed much over the last week or so since it happened. It has transformed a bit into fear there could be additional damage, but the anger remains. I’d like to find and throttle the criminal who did this.
Back in olden times criminals were placed in stocks in the town square and passing citizens could hurl rotten vegetables at them. Could we bring that back for situations like this? It seems like an appropriate way to punish menaces who prey upon the public. I’m not a mean guy, but I’d love a shot at this clown. I could work on my fast ball with a bushel of wormy old tomatoes while simultaneously discouraging a scoundrel from further d-baggery. Seems like a win-win to me. (Can you tell I’ve been thinking about this for a while?)
Sadly, I hold out little hope this jackwagon will ever be found. Cyber thieves are very hard to track down.
We can’t let that stop us from taking action, however. There are things to be done to get our taxes completed, protect our future tax filings, and prevent any further damage to our credit and finances. Let me outline the steps to take when you are the victim of a fraudulent tax return filed in your name.
Step 1. Tell the IRS
Our tax return was rejected within 20 minutes of being filed. The IRS computer took a look at the social security numbers on our return and compared them with the SSNs on tax returns already filed. As soon as the computer found a match our return was rejected. That doesn’t mean the IRS knows our return was the correct one and the one they already have is the fake one. We know it, but the IRS doesn’t. We have to tell them. (We also still need to file our taxes!)
Generally, you ‘tell’ the IRS by mailing them a paper copy of your tax return. Include with it a form 14039 Identity Theft Affidavit. There is space on the form to tell the IRS what happened that alerted you to the fact that your identity was used by someone else to commit tax fraud. You will also need to include a photocopy of your ID to prove that you are who you say you are. Instructions for including your ID are spelled out on the form.
Filing form 14039 tells the IRS your identity was stolen and your SSN was compromised. This puts you in the IRS’s database as requiring a separate PIN in order to file your taxes. The IRS currently issues these in December. You will get your PIN in the mail, and YOU MUST HAVE IT in order to file your taxes electronically next year. Don’t lose it!
Depending on how and when you filed your taxes you might first discover the identity theft by receiving a 5071C letter from the IRS. This letter informs you the IRS suspects someone may have committed tax fraud using your information and that you need to verify your identity in order for your tax return to be processed. Follow the instructions in the letter.
Step 2. Protecting Yourself from Further Harm
Even after you have things squared away with the IRS you should take additional measures to protect yourself from further harm. A criminal has your personal information. You have no idea what their intent might be, but we already know they are willing to use it to steal tax money from the government. Are you willing to gamble they are just going to stop right there?
You should file a complaint with the Federal Trade Commission (FTC). You can do this online at identitytheft.gov.
You should also contact at least one of the major credit bureaus to put a fraud alert on your records. (Note: The IRS won’t do this for you!) The major credit bureaus are:
Get a copy of your credit report from at least one of the bureaus and review it. They are required to give you one free copy each year. Verify all of the open credit and financial accounts in your name. If you see one you don’t recognize, close it. Especially if it was opened recently.
Step 3. Continue Monitoring
Even if there is no suspicious activity on your credit report you must remain vigilant. Your information is still in the hands of a criminal. They might just be waiting until they think you’ve forgotten about that fact to strike. You will need to stay on top of this for the rest of your life.
The credit reporting agencies have to give you a free report once a year. I have set up a schedule to get a report from a different agency every 4 months; Equifax in February, Experian in June, TransUnion in October. Rinse and repeat each year. That way I get my free report from each of them, and I also have year-round coverage.
Additionally, I use CreditKarma.com to monitor our credit scores. I can check every week (for free) to see if our credit scores have changed. A new account opened in your name would change your credit score, so monitoring it could provide an earlier warning than the 4-month credit report interval. (Hint: you might want to use an e-mail account you don’t mind getting a lot of offers sent to when you register for Credit Karma. It’s free to use, but the helpful offers just keep on coming.)
If you’re able you might want to consider one of the credit monitoring services available. You pay a fee for that service, but any time there is activity in your financial world they will send you an alert. Tade and I signed up for one of these, but I am not overly impressed, so I am not going to recommend them by name. If you’re interested, you can do some research and find one you think is suitable for your needs.
Getting your identity stolen stinks. It really stinks. If it has happened to you then you know exactly what I mean. I hope they catch the guy who did it. If they catch your guy give me a call and I’ll go in 50-50 on the bushel of rotten tomatoes with you.
If you need help with getting your tax situation straightened out with the IRS, give me a call.
08 April 2016
Readers should be aware the tax law signed by the President on 22 December 2017 dramatically changed the applicability of this article. Most of these rules have changed or are obsolete. I have decided to leave it here for consistency and posterity.
Moving expenses, under certain circumstances, can be taken as an adjustment to income. Adjustments are my favorite variety of deductions, because you can use them even when you don't have enough other deductions to itemize - AND - adjustments lower your adjusted gross income, which may make you eligible for additional tax breaks.
The IRS refers to the adjustment for moving expenses as a deduction, so in order to keep things simple I will also refer to it as a deduction. Just be aware that this is an above-the-line deduction, so it does not go on Schedule A. It goes right on form 1040 in the adjustments section of the tax return.
You can deduct the unreimbursed costs of a move if it was work-related and you were not paid additional money by your employer to cover your costs for moving. By work-related the IRS means you moved in order to take a new full-time job in another location. It is not necessary to have the job before you move. It is just necessary that you start working once you get to the new location. In order to meet the IRS requirements to qualify for the moving expense deduction there are two tests, one for distance and one for time.
The Distance Test is simple, although when you first read the definition you can get lost in the words. The IRS writes, “Your move will meet the distance test if your new main job location is at least 50 miles farther from your former home than your old main job location was from your former home.” In other words, if staying in your home when you take a new job adds 50 miles to your commute, you can move and write off the unreimbursed expenses for the move.
Moves are often much farther than 50 miles, but it is not uncommon here in Hampton Roads for someone to be living on the peninsula, take a job in Virginia Beach or Chesapeake, and decide to relocate to avoid dealing with the bridge-tunnels every day. That’s when we have to break out the IRS rules and get very specific on the distances to see if your move qualifies. If you moved from Florida or Texas to Virginia, it’s a slam dunk.
The second part of the test is the Time Test. The time test is different depending on whether you are an employee or self-employed. Employees must work full time for at least 39 weeks of the first year after the move. If you move and start your own business (self-employment) you must work full time at least 78 weeks of the first two years, including 39 weeks in the first year. If you are married and file jointly only one of the spouses must meet the time test.
What if you moved in December? You have to file your tax return by April. Can you still deduct the moving expenses even though you have not yet met the 39-week time test? The IRS actually allows this. You can project that you will eventually meet the time test and take the deduction for moving expenses. However, if you subsequently fail to meet the time test you have to pay the IRS back by either amending your prior return or including the previous deduction as income on your next tax return. (The IRS makes exceptions to the time test in certain situations. See if you qualify for an exception before you pay back the moving deduction.)
Everyone is different, and unusual situations result. For example, a parent might relocate to take another job, and leave his or her spouse and children at their old house for several months to finish school before they also move. The IRS says that as long as the move happens within a year of the start of the new job it is deductible. Similar to the pirate’s code, though, this is more of a guideline than a rule. If you have extenuating circumstances as to why the move could not happen within a year of the start of the new job, then you can apply to the IRS to allow your moving expenses even if they happen more than a year after the new job starts.
You can deduct the cost of shipping your household goods and the costs of travel.
Household goods shipments include your personal property and effects, including pets. You can have a moving company transport your goods or you can rent a truck and move them yourself. You can also deduct the cost of storing and insuring your household goods for up to 30 consecutive days during the move.
Deductible travel expenses include lodging and transportation. Meals are not deductible as a moving expense. Lodging is typically hotels and motels, and can include nights spent in a hotel near your previous home because your household goods were in transit.
Transportation can be tricky. If you take your own vehicle, which is common, you can deduct the actual expenses for gas and oil OR you can take a deduction based on mileage. The 2015 rate is 23 cents per mile. If you have more than one car you can deduct the cost of driving each one as long as it was driven by someone who is a member of your household. Just be careful that you are only deducting the expenses for each member of the household one time. A person might make multiple trips from the old home to the new home, but you only get to deduct one of those trips from your taxes as a move.
Whether you use the mileage deduction or the actual gas and oil expenses you can also deduct any fees for parking or tolls that you paid along the route. You may not deduct expenses for repairs, insurance, or depreciation.
Some things the IRS specifically points out as NOT deductible include improvements to your home, car tags, house hunting expenses, return trips to the former residence, losses on your former residence, fees for breaking your lease, and security deposits.
Moving can be an exciting, but hectic time. There are always hundreds of things to do when you move. Just don’t forget to keep track your moving expenses. You’ll wish you had at tax time! If you have any questions about deducting moving expenses from your tax, please contact me.
Paul D. Allen is a proud member of the National Association of Enrolled Agents, the National Association of Tax Professionals the Financial Planning Association of Hampton Roads, the National Association of Personal Financial Advisors (NAPFA), and The Tidewater Real Estate Investors Group. You can read more about Paul's background here.
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