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Trusts, Estates & Business Succession Blog

This blog is published by the attorneys in Capehart Scatchard’s Wills, Trusts & Estates group. It addresses issues related to estate planning, wills, trusts, succession planning, tax and tax codes.

I mentioned in a prior article that individuals would be able to participate in the identity protection PIN program.  This PIN is a six-digit number assigned to eligible taxpayers to help prevent misuse of Social Security Numbers being used on fraudulent federal income tax returns. 

If you would like to take advantage of this program, you will need to pass the Security Access authentication protocol.  There are requirements to verify a taxpayer’s identity and are available on irs.gov for Secure Access requirements.

You can utilize the online tool Get An IP PIN at irs.gov and receive your PIN immediately. If you cannot pass the authentication online, you can file IRS Form 15227 via mail or fax if you have income of $72,000 or less.  An IRS employee will call the taxpayer to verify their identity using a series of questions.  If you are unable to obtain a PIN through either of these two methods, you should make an appointment to visit a Taxpayer Assistance Center.  

The PIN is valid for one year and a new PIN must be obtained each January. 

You must have a Social Security Number or Individual Tax Identification Number to participate in the program. 

There is no change in the IP PIN program for confirmed victims of tax-related identity theft. 

For more information about identity theft, visit IRS.gov.

Yes, it is once again tax season.  Your mailbox has probably started to receive those ever important tax information mailings.  So, what can you do to help ease the stress that often comes with tax season? 

First of all, remember irs.gov.  There are many resources available that can be found by searching the site and using the online tools and resources which are available 24 hours a day. 

For taxpayers with earned income of $72,000 or less, IRS Free File could be an opportunity to file electronically for free.  If you don’t want to file electronically, but want to file on paper, Free File Fillable Forms are also available. 

While preparing your taxes, you may have questions.  There is an interactive tax assistance that has updated answers to many questions for situations which may not have been encountered previously.  Here again, this is available 24 hours a day.

Have you decided that you don’t want to prepare your own taxes, but don’t know how to find a preparer? IRS.gov has a great resource – Choosing a Tax Professional – which provides information to assist in what you need to look for in making your selection.

There is also a Directory of Federal Tax Return Preparers with Credentials and Select Qualifications that list professionals with IRS-recognized credentials.  This directory is arranged by geographical areas.  

Once your taxes are done, you may be looking to receive your refund.  Where’s My Refund is available on irs.gov which is updated daily and can track electronically filed returns within 24 hours after being filed or four weeks after a paper return is received. 

To expedite receiving your refund, you should file electronically and select direct deposit for receiving your refund. 

If you would like to view your federal account information online, visit irs.gov to set up an account.  This will enable you to view your account balance, payment history and key information.  If you are accessing the site for the first time, you will need to authenticate your identity through a secure access process. 

Good luck for the tax season and please, don’t procrastinate.  We can’t plan on an extended period of time to file as we saw in 2020. 

If you are one of the many millions of Americans who receive Social Security benefits, you may have noticed that your benefit checks might be a little larger starting with January, 2021.  This is due to the annual cost-of-living adjustment.  Here’s a snapshot of the increases:

  • Benefits to retired workers see an average increase of $20 per month for an individual and an average increase of $33 per month for a couple.  If you retired at full retirement age, the average increase is $137.
    Keep in mind that if you began collecting benefits before your full retirement age, you are receiving a reduced rate, hence the difference in the increase.   
  • If you are a widow or widower, your average increase is $19 per month and with two children there is an average increase of $39 per month.  Here again, benefit amounts are based upon the age benefits began to be paid.
  • Individual disabled workers received an average increase of $16 per month while a disabled worker with spouse and kids received an average increase of $29 per month. 

  • If receiving SSI as an individual, the average increase is $11, while a couple has an average increase of $16 per month.  SSI (Supplemental Security Income) helps to meet basic living needs for individuals with little or no income.  This program is not funded by Social Security payroll taxes, but with general tax revenue.

In discussing the benefits being paid, if you are still working, don’t worry. The percentage of payroll taxes withheld from your paycheck doesn’t increase by the same percentage.  Your employer will continue to pay 6.2 percent and you will pay 6.2 percent based on eligible wages.  Of course, if you are self-employed, you must pay the entire 12.4 percent.  Where the impact occurs is in the maximum amount of earnings subject to tax.  In 2021, the cap is $142,800, up from $137,700 in 2020.  Any earnings above $142,800 are not subject to Social Security taxes.

If you are still employed, but have reached an eligible age before your full retirement age and wish to collect SS benefits and wages, your benefits are based upon a reduced formula.  If you earn more than $18,960 annually or $1,580 monthly, your benefits will be reduced by $1 for every $2 earned above the thresholds.  In the year you reach your full retirement age, the earnings limit increases to $50,520 per year and the reduction is $1 for every $3 earned above $50,520.  However, the month you reach your full retirement age, the earnings limit goes away and there is no reduction in benefits.  Careful consideration should be made when weighing the options of working and receiving SSA benefits at the same time.  Keep in mind that when you reach the age of 70 and if you are still working, you should begin to claim benefits as there will be no increase in your monthly benefit amount for additional work credits or earnings.  If your full retirement age is 66 years, waiting until age 70 to collect will increase your benefits by 32%. 

Happy Collecting. 

Looking for highlights of items to keep in mind for your 2020 income taxes and the changes that could impact you?  The IRS has a special page on IRS.gov that outlines many tips and explanations about returns for 2020.      

Here are some of the highlights to remember:

  • If you received a Recovery Rebate Credit/Economic Impact Payment, KEEP Notice 1444 for tax filing.  If you didn’t receive an Economic Impact Payment or your Economic Impact Payment was less than $1,200 ($2,400 married filing jointly in 2018/2019), plus $500 for each qualifying child, you may be eligible to claim the Recovery Rebate Credit. 
  • If you received a refund on an overpayment of taxes and received interest on the refund, you will receive a Form 1099-INT if that interest totaled $10.00 or more.  This interest is taxable to you.
  • As 2020 proved, don’t rely on a refund being received by a certain date.  The time for receipt of refunds is estimated and is not cast in stone.  Therefore, if you want to use your refund, don’t commit to using the refund on a specific date.  Delays can happen….
  • Also, remember that if you are entitled to the Earned Income Tax Credit or Additional Child Tax Credit, refunds on these returns will not be issued before mid-February.
  • You can track your refund using Where’s My Refund? on irs.gov.
  • As mentioned previously, you can use Free File if you meet the income guidelines. 
  • The IRS is making Identity Protection available to all taxpayers nationwide.  This is a PIN consisting of a six-digit number known only to the taxpayer and the IRS to help in preventing identity theft.  Visit irs.gov and review the Get An Identity Protection PIN details for more information.
  • Standard deductions for married couples filing jointly rises to $25,100, single taxpayers and married filing separately will be $12,550 and for heads of households, the standard deduction will be $18,800.
  • Like 2019, there will be no personal exemptions available.
  • There continues to be no limitation on itemized deductions.
  • The Alternative Minimum Tax exemption amount for tax year 2021 is $73,600 and begins to phase out at $523,600 ($114,600 for married filing jointly the exempt begins to phase out at $1,047,200).  The exemption for 2020 was $72,900 and began to phase out at $518,200 ($113,400 for married filing jointly for whom the exemption began to phase out at $1,036,800.)
  • For Federal Estate Taxes, the basic exclusion amount is $11,700,000 for decedents dying in 2021.
  • For Federal Gift Taxes, the annual exclusion amount for gifts remains at $15,000.

Finally, 2020 is in the rearview mirror and we are all looking forward to a healthier 2021 around the globe.  And, as we look forward, we all have income taxes to look forward to. 

So, what can you do NOW to ease the overwhelming feeling when you start the process?  Here are some helpful tips:

  • Start now to assemble your information, don’t wait until the last minute. 
  • Don’t rely upon receiving the necessary tax document; make a list of your income sources which can be used to check off the tax documentation as you receive the same.  This will help to know when you have received all expected information.
  • Have you made charitable contributions?  Now is the time to organize the receipts and acknowledgments of those contributions.  Remember that, for 2020, you are able to take a deduction of up to $300 for charitable donations if you do not itemize deductions.  If you itemize deductions, you may report all of your charitable donations.  Remember:  the contributions must be made to qualifying organizations – those recognized by the IRS.
  • If you are one of the unfortunate people who have had considerable medical expenses, you can gather all of your receipts for these expenses.  Remember that medical expenses include not only doctors and prescriptions, but also premiums paid for medical insurance, long-term care insurance, eyeglasses, hearing aids, etc.  Don’t overlook the opportunity to claim a deduction.
  • If you have an account for securities, it is a good idea to put your December statement with your tax information, as many financial institutions use December as a recap of the yearly activity in the account. 
  • If you prepare your own income taxes and your income is $72,000 or less for 2020, you can use the IRS Free File program which is available through irs.gov. 
  • Also, there are free file fillable forms which can be accessed to file returns either by mail or online on irs.gov. 
  • The IRS offers an online interactive tax assistant which helps to answer general tax questions, including what income is taxable, how to handle life events and credits and deductions.
  • If you prefer to have someone prepare your income taxes for you, the IRS has resources available to help you find a qualified preparer.  On irs.gov, you can access the publication of Choosing a Tax Professional or a Directory of Federal Tax Return Preparers with Credentials and Select Qualifications.  My best advice is to make certain that the person you select has the proper credentialing to prepare taxes.  You won’t do yourself any favors if the preparer you select does not have the proper knowledge to address your income tax needs.  (And, just because someone claims to know income taxes does not mean they have the background and knowledge.)
  • Lucky enough to get a refund? You can check the status of your refund using the Where’s My Refund? tool on irs.gov.  This is available approximately 24 hours after an electronic filing or four weeks after paper filing.
  • The fastest way to get your refund is via direct deposit into a financial account.  If you don’t have a financial account, visit the FDIC website for information on opening an account. 

For more information about planning ahead, see Publication 5348, Get Ready to File, and Publication 5349, Year-Round Tax Planning is for Everyone.

Good luck!  Happy New Year!

We can all be thankful for what we do have and remember to help those who are less fortunate than we are.  This year has taught us many lessons in so many different areas. 

We have had so many experiences that, last year at this time, we would have never dreamed of having.  Let us hope that each of us has grown with our changed world and that we do our part each and every day to be safe, to promote the safety of others and to help those in need.

There are so many people to be remembered – those who did not have the strength to overcome COVID as well as those who gave of themselves in the fight of COVID.  And, so many other heroes who came forth this year in so many ways. 

Rather than my usual blog for this week, I wanted to thank you for the comments regarding these writings, which I hope you have found to be useful.  I try to make them practical with useful information.  There will be more to come in 2021.

As 2020 comes to a close, I wish all a happy holiday season for whatever traditions you celebrate and that with the fresh start of 2021, we can make it a year of moving forward and looking to a brighter tomorrow. 

Happy Holidays and Happy New Year. 

Do you think that there are no holiday gifts when it comes to income taxes?  If you said no, then read on.  I know that I did a similar blog, but this will provide a reminder as we near the end of the year if you haven’t already made donations.

For this year, 2020, there is a new provision that will allow more taxpayers to get the benefit of a charitable deduction.  Even if you don’t itemize deductions.

Due to a special law change made earlier this year, cash donations of up to $300 made before December 31, 2020 will be deductible when individual 2020 returns are filed.  This comes due to COVID-19 and the fact that charities are struggling to help those in need.  This pertains only to donations to a qualified charity. 

The deductions will be “above the line” which means that your adjusted gross income and taxable income will be lowered.  Cash donations – those made by check, credit card, debit card or cash – are allowed. No security donations, household items or other property qualify for this special income tax deduction. 

The key here is that you must have a record of the donation and the donation must be made to a qualifying charity.  Keep your receipt of acknowledgment letter from the charity and retain a cancelled check or a credit card receipt.  If you would like more information on recordkeeping rules, see Publication 526 available on IRS.gov.

Feel good and benefit your favorite charity.  They will thank you. 

The Internal Revenue Service, state tax agencies and the tax industry have recently warned of a new text scam created by thieves that trick people into disclosing bank account information under the guise of receiving the $1,200 Economic Impact Payment.

Taxpayers are reminded that neither the IRS nor state agencies will ever text taxpayers asking for bank account information so that an EIP deposit or any deposit may be made.

“Criminals are relentlessly using COVID-19 and Economic Impact Payments as cover to try to trick taxpayers out of their money or identities,” said IRS Commissioner Chuck Rettig. “This scam is a new twist on those we’ve been seeing much of this year. We urge people to remain alert to these types of scams.”

The scam text message states: “You have received a direct deposit of $1,200 from COVID-19 TREAS FUND. Further action is required to accept this payment into your account. Continue here to accept this payment …” The text includes a link to a fake phishing web address.

This fake phishing URL, which appears to come from a state agency or relief organization, takes recipients to a fraudulent website that impersonates the IRS.gov Get My Payment website. Individuals who visit the fraudulent website and then enter their personal and financial account information will have their information collected by these scammers.

People who receive this text scam should take a screen shot of the text message that they received and then include the screenshot in an email to phishing@irs.gov with the following information:

  • Date/Time/Time Zone that they received the text message
  • The number that appeared on their Caller ID
  • The number that received the text message

ALWAYS REMEMBER – The IRS does not send unsolicited texts or emails. The IRS does not call people with threats of jail or lawsuits, nor does it demand tax payments on gift cards.  And, think about it, if the IRS doesn’t do these things, do you think that your state tax agency would do such a thing?  BE ALERT, DON’T FALL PREY TO THESE SCAMS.

What a year this has been.  So many events never dealt with.  And, as we approach the end of the year, perhaps you are thinking about charities that you have or would like to support but feel that because you don’t itemize deductions on your personal income tax returns, you don’t get the benefit of any contributions.  Well, one positive change this year has brought is that you do NOT have to itemize deductions to get the benefit of charitable CASH contributions of up to $300 to qualifying organizations.  This is thanks to the CARES Act. 

You may not think that $300 is enough to make a difference but that is $300 off of your taxable income and could even be what is needed to reduce your tax bracket. 

But, remember, it has to be to a “qualified” organization.  It cannot be to a Go Fund Me account or donations made to a grieving family, etc.

So, what is a “qualified” charity?  Religious, charitable, educational, scientific or literary in purpose.  If you would like more information about qualifying charity, visit irs.gov and do a “Tax Exempt Organization” Search, review Publication 526 – Charitable Contributions, or Tax Topic 506. 

If you itemize deductions, unfortunately you will not get the benefit of the $300 as your charitable donations will be itemized on your Schedule A.  If you itemize your deductions, always make certain to keep receipts for all donations – cash and/or non-cash.  If you need some guidance with non-cash contributions, visit irs.gov and look for Publication 561 and Form 8283. 

Finally, if you have reached the magical age for required minimum distributions from your IRA, you are eligible to make a charitable contribution from your IRA of up to $100,000 directly to the charity which will count toward your minimum distribution requirement for the year.  Check with your financial advisor or accountant for further information.

Happy contributing.

You would like to benefit your favorite charity through your Estate or Trust, but is leaving a specific bequest in your Last Will and Testament or Trust the only option?  Simply, the answer is NO.  You have options.  Here’s one for you to consider.

You have an IRA or retirement-type account for which you can designate beneficiaries to benefit from the same when you pass.  However, when any distributions are made from an IRA or retirement-type account, there are likely to be income tax consequences to the beneficiaries.  If your asset has been in existence for a considerable period of time, the asset has likely appreciated in value and that appreciation – the income earned – is income taxable to the beneficiary.  So, when the beneficiary receives the distribution from the asset, they will have to report an amount from the distribution on their income tax return. 

Let’s look at the analysis.  What you leave to a beneficiary via a Will or Trust is not income taxable (only to the extent there may have been income earned on the asset for one tax year), however if a beneficiary receives distribution of a retirement-type account, there could be significant income tax consequences to the beneficiary in the year(s) of distribution. 

For income tax purposes, human beneficiaries are subject to income tax while qualified charities are exempt from income tax.  So, why not benefit your favorite charity through your retirement-type asset?  Definitely something to think about. 

If you think this may be something you would like to do, you should contact a professional – attorney, accountant, financial advisor – to get more information and have them analyze if this may be something that would be beneficial to you. 

In closing, a couple of additional thoughts – beneficiaries of a retirement-type account can have access to their inheritance much sooner than waiting for an estate to be administered, but please make certain that your favorite charity is a qualified non-profit organization.