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Taxes

Through the years, I have heard people make comments such as “_____ (insert your state of residence) has such high taxes”.  And, yes, it does seem like some states have higher taxes than others, but when speaking of taxes, one should be thinking about what type of tax is being talked about. 

Stop and consider that some states have higher sales tax rates than others and what is taxed for sales tax purposes varies from state to state, i.e., clothes are taxed in New York.  Certain food items may be subject to sales tax in some states.

Real estate taxes are a big topic of discussion.  Yes, in New Jersey we definitely pay our fair share.  But, what is included in these tax bills – usually the local municipality, school district and county.  In some states, they get these type of tax bills but also other assessments for a variety of things, including but not limited to roads, emergency services, even trash pickup.

Income tax rates vary from state to state as well as what is income taxable.  Some states tax retirement income while others don’t.  Some states provide for a deduction for medical expenses, while others don’t.  The differences go on and on. 

Gift taxes are a type of tax that most people do not encounter unless they have the means to be making significant gifts.  Many states do not have state gift taxes, but there are a few that do – California for one.

Personal property tax is a tax seen in some states based upon the value of certain assets at the end of the year. 

Finally, let’s look at death taxes.  There are 13 jurisdictions in the US that impose an estate tax on assets of a decedent at the time of death.  This is based on the overall value of the assets.  New Jersey and Pennsylvania do not have estate taxes.  Then there are inheritance taxes which are usually based upon the relationship of the decedent and the beneficiary.  Yes, both New Jersey and Pennsylvania have inheritance taxes, but there is a difference.  In Pennsylvania, a child inheriting from a parent’s estate is subject to inheritance tax, while in New Jersey this inheritance would not be inheritance taxable.  There are four other states that have inheritance taxes. 

Bottom line – Taxes are hard to escape and we all end up paying taxes in one way or another.  I saw a chart a few years ago that when you analyze all taxes in each state, we all end up paying approximately the same in taxes, depending upon our financial situation (value of assets, income, etc.)  So, let me ask – what’s the best state to live in for tax purposes?  That’s really a loaded question. 

Have you been one of the workers that, due to Covid-19, your workplace has changed and you have been/are working remotely from your place of business? 

If so, here are a couple of things to consider when preparing your individual income tax return:

  • In what state are you working remotely?  Is it different than the location of your employer/regular workplace?  If you reside in a different state, could your wages be considered as non-resident income?  Could you be required to file state/local income tax returns in both your place of residence as well as your employer’s locale? 
  • What are the deductions and tax implications for claiming expenses for home offices on your personal income tax return?  Are they deductible – most likely not but for certain situations.

WOW – those two items could have major impact on your taxes.  So, what should you do? First and foremost, educate yourself.  Become acquainted with the Remote and Mobile Worker Relief Act of 2021. 

If you have a professional prepare your taxes, make certain that they are familiar with the ins and outs of remote workers.  Don’t just assume that they will know that you may have a Form W-2 issued by your employer in one state and know that you didn’t work in that location. 

All paid preparers must have a Preparer Tax Identification Number or a PTIN.  If your preparer does not have one, you may want to find someone who does.  For a preparer to obtain a PTIN is not difficult but it proves that the preparer is registered with the IRS to prepare taxes.  The IRS publishes a directory of tax professionals for reference.  And, always remember that sometimes the expression “you get what you pay for” is true.  Just because you could have your taxes prepared cheaper does not mean that the preparer is a professional and will stand behind the return they prepare.  Credentialed professionals are required to have continuing education to keep up with the changes and laws. 

Protect yourself.  Be truthful with regard to your taxes.  Because, if you don’t, you could face interest and penalties for incorrectly prepared returns.  Remember, in our electronic world, the taxing authorities have access to information that could catch up to you.  Finally, if you are paying someone to prepare your taxes, do your due diligence and ensure that they have the credentials to do so.  (Many preparers in the pop-up locations at this time of year do not have the familiarity with tax laws that true tax professionals have.)

While we may not like to deal with the IRS, we do have the right to receive quality service.  As taxpayers, it is important to know what our rights are to better enable the service we receive from the IRS

DID YOU KNOW:

Taxpayers have the right to:

  • Receive prompt, courteous, and professional assistance from the IRS.
  • Be spoken to in a way they can easily understand.
  • Receive clear and easily understandable communications from the IRS.
  • Speak to a supervisor about inadequate service.

Here are some things taxpayers can expect when working with the IRS:

Taxpayers can find answers to most tax questions on IRS.gov. Taxpayers can also contact the IRS directly by calling the number on the top right corner of all notices and letters.

  • IRS representatives will listen objectively. They will consider all relevant information.
  • The representative will answer questions promptly, accurately and thoroughly.
  • When collecting tax, the IRS will treat people with courtesy.
  • The agency usually only contacts taxpayers between 8 a.m. and 9 p.m.
  • The IRS won’t contact the taxpayer’s employer if the agency knows the employer doesn’t allow such contact.
  • The IRS won’t make aggressive phone calls that threaten arrest or prison.
  • The agency must provide the taxpayer with information about how to get help from the Taxpayer Advocate Service in all statutory notices of deficiency.
  • If someone is eligible for Low Income Taxpayer Clinic, the IRS will provide information about options for legal help.

Taxpayers can find answers to most tax questions on IRS.gov. Taxpayers can also contact the IRS directly by calling the number on the top right corner of all notices and letters.

Tis the season once again for filing our income tax returns.  This time of year can be the cause of much angst but the IRS has tips for lessening the stress of these next couple of months. 

To start, filing deadline is April 18, 2022 due to Emancipation Day in Washington, DC.  So, you have three extra days to file.  If you live in a declared disaster zone, you may have additional time to file.  In any event, the sooner you file, the sooner you don’t have to think about it and, if you are entitled to a refund, the sooner you will get it.

Speaking of refunds; if there are no issues with your return and you elect direct deposit, you should receive your refund within 21 days.  Filing on paper will delay your refund.

Be sure to file an accurate return.  If you know you are missing a tax statement, don’t file a return without it.  You could delay the processing of your return without reporting all information.  Remember, in our electronic world, the IRS knows what should be on your return.

If you have questions, visit irs.gov before trying to reach an agent on the phone.  The website is very user friendly.  There’s no wait time or appointment needed — online tools and resources are available 24 hours a day.

If you haven’t filed your 2020 Return, you can still work on filing your 2021 Return.  However, you may need your adjusted gross income (AGI) from 2020, so why not wrap up your 2020 and your 2021 return at the same time.

If your income qualifies you, consider using IRS Free File to prepare and file your return.  Check out the IRS website to determine your eligibility to use Free File.

If you have received Economic Impact Payments or advance Child Tax Credits in 2021, be cautious.  Make certain the information is correct so as not to delay the processing of your return.  To help in this regard, there will be IRS mailings about stimulus payments and Child Tax Credits.  If you have created an Online Account at irs.gov, you can check this information electronically.  Remember that if you have received Earned Income Tax Credit or Child Tax Credit, no refunds will be issued until mid-February.

And finally, if you don’t normally file a return you may want to consider filing for CTC, other valuable credits which are available for people who don’t normally file a tax return and didn’t file a 2020 return or use the Non-Filers tool.  You may be able to qualify for important credits including the Recovery Rebate Credit (stimulus payment), advance Child Tax Credit or the Earned Income Tax Credit. The IRS encourages people in this group to file a 2021 tax return so they can receive all the credits for which they’re eligible.

Happy filing.

Tax season 2022 has begun.  In the spirit of trying to make it as painless as possible, see the reprint of IR-2022-16, January 20, 2022 below.

WASHINGTON — With filing season beginning January 24, the Internal Revenue Service reminded taxpayers about several key items to keep in mind when filing their federal income tax returns this year.

Given the unprecedented circumstances around the pandemic and unique challenges for this tax season, the IRS offers a 5-point checklist that can help many people speed tax return processing and refund delivery while avoiding delays.

1. File an accurate return and use e-file and direct deposit to avoid delays. Taxpayers should electronically file and choose direct deposit as soon as they have everything they need to file an accurate return. Taxpayers have many choices, including using a trusted tax professional. For those using e-file, the software helps individuals avoid mistakes by doing the math. It guides people through each section of their tax return using a question-and-answer format.

2. For an accurate return, collect all documents before preparing a tax return; make sure stimulus payment and advance Child Tax Credit information is accurate. In addition to collecting W-2s, Form 1099s and other income-related statements, it is important people have their advance Child Tax Credit and Economic Impact Payment information on hand when filing.

  • Advance CTC letter 6419: In late December 2021, and continuing into January, the IRS started sending letters to people who received advance CTC payments. The letter says, “2021 Total Advance Child Tax Credit (AdvCTC) Payments” near the top and, “Letter 6419” on the bottom righthand side of the page. Here’s what people need to know:
    • The letter contains important information that can help ensure the tax return is accurate.
    • People who received advance CTC payments can also check the amount of the payments they received by using the CTC Update Portal available on IRS.gov.
    • Eligible taxpayers who received advance Child Tax Credit payments should file a 2021 tax return to receive the second half of the credit. Eligible taxpayers who did not receive advance Child Tax Credit payments can claim the full credit by filing a tax return.
  • Third Economic Impact Payment letter 6475: In late January 2022, the IRS will begin issuing letters to people who received a third payment in late January 2021. The letter says, “Your Third Economic Impact Payment” near the top and, “Letter 6475” on the bottom righthand side of the page. Here’s what people need to know:
    • Most eligible people already received their stimulus payments. This letter will help individuals determine if they are eligible to claim the Recovery Rebate Credit (RRC) for missing stimulus payments.
    • People who are eligible for RRC must file a 2021 tax return to claim their remaining stimulus amount.
    • People can also use IRS online account to view their Economic Impact Payment amounts.

Both letters – 6419 and 6475 – include important information that can help people file an accurate 2021 tax return. If a return includes errors or is incomplete, it may require further review while the IRS corrects the error, which may slow the tax refund. Using this information when preparing a tax return electronically can reduce errors and avoid delays in processing.

3. Avoid lengthy phone delays; use online resources before calling the IRS. Phone demand on IRS assistance lines remains at record highs. To avoid lengthy delays, the IRS urges people to use IRS.gov to get answers to tax questions, check a refund status or pay taxes. There’s no wait time or appointment needed — online tools and resources are available 24 hours a day.

Additionally, the IRS has several ways for taxpayers to stay up to date on important tax information:

  • Follow the IRS’ official social media accounts and email subscription lists to stay current on the latest tax topics and alerts.
  • Download the IRS2Go mobile app, watch IRS YouTube videos, or follow the IRS on Twitter, Facebook, LinkedIn and Instagram for the latest updates on tax changes, scam alerts, initiatives, products and services.
  • Taxpayers can also get information in their preferred language. The IRS translates tax resources into several languages and currently has basic tax information in 20 languages. People can also file Schedule LEP, Request for Change in Language Preference, to receive written communications from the IRS in their preferred language.

4. Waiting on a 2020 tax return to be processed? Special tip to help with e-filing a 2021 tax return: In order to validate and successfully submit an electronically filed tax return to the IRS, taxpayers need their Adjusted Gross Income, or AGI, from their most recent tax return. For those waiting on their 2020 tax return to be processed, here’s a special tip to ensure the tax return is accepted by the IRS for processing. Make sure to enter $0 (zero dollars) for last year’s AGI on the 2021 tax return. For those who used a Non-Filer tool in 2021 to register for an advance Child Tax Credit or third Economic Impact Payment in 2021, they should enter $1 as their prior year AGI. Everyone else should enter their prior year’s AGI from last year’s return. Remember, if using the same tax preparation software as last year, this field will auto-populate.

5. Free resources are available to help taxpayers file. During this challenging year, the IRS reminds taxpayers there are many options for free help, including many resources on IRS.gov. For those looking to avoid the delays with a paper tax return, IRS Free File is an option. With Free File, leading tax software providers make their online products available for free as part of a 20-year partnership with the Internal Revenue Service. This year, there are eight products in English and two in Spanish. IRS Free File is available to any person or family who earned $73,000 or less in 2021. Qualified taxpayers can also find free one-on-one tax preparation help around the nation through the Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs.

Good Luck!

There are nice people who work for the IRS – pretty much a thankless job.  And, they would love to receive acknowledgment for their efforts, but let’s face it – if you were to receive a call from someone claiming to be from the IRS and telling you that you owe taxes which can be paid by way of a gift card, what would you think?  Hopefully, your immediate reaction would be that it is a scam.  How practical would it be for the IRS to receive a gift card from a retailer to credit to your tax obligation? 

Yep, it is happening – scammers are targeting taxpayers by asking them to pay a fake tax bill with gift cards. They may also use a compromised email account to send emails requesting gift card purchases for friends, family or co-workers. Gift cards make great presents for loved ones, but they cannot be used to pay taxes.

Here’s how this scam usually happens:

  • The most common way scammers request gift cards is over the phone through a government impersonation scam. However, they will also request gift cards by sending a text message, email or through social media.
  • A scammer posing as an IRS agent will call the taxpayer or leave a voicemail with a callback number, informing the taxpayer that they are linked to some criminal activity. For example, the scammer will tell the taxpayer that their identity has been stolen and used to open fake bank accounts.
  • The scammer will threaten or harass the taxpayer by telling them that they must pay a fictitious tax penalty.
  • The scammer instructs the taxpayer to buy gift cards from various stores.
  • Once the taxpayer buys the gift cards, the scammer will ask the taxpayer to provide the gift card number and PIN.

Here’s how taxpayers can tell if it’s really the IRS calling. The IRS will never:

  • Call to demand immediate payment using a specific payment method such as a gift card, prepaid debit card or wire transfer. Generally, the IRS will first mail a bill to any taxpayer who owes taxes.
  • Demand that taxpayers pay taxes without the opportunity to question or appeal the amount they owe. All taxpayers should be aware of their rights.
  • Threaten to bring in local police, immigration officers or other law enforcement to have the taxpayer arrested for not paying.
  • Threaten to revoke the taxpayer’s driver’s license, business licenses or immigration status.

Any taxpayer who believes they’ve been targeted by a scammer should:

  • Contact the Treasury Inspector General for Tax Administration to report a phone scam. Use the IRS Impersonation Scam Reporting webpage or call 800-366-4484.
  • Report phone scams to the Federal Trade Commission. Use the FTC Complaint Assistant on FTC.gov. Add “IRS phone scam” in the notes.
  • Report threatening or harassing telephone calls claiming to be from the IRS to phishing@irs.gov. Include “IRS phone scam” in the subject line.

Yes, you have heard the expression “You are rushing the season”.  However, it usually does not pertain to tax season!  It is never too early to think about getting things organized.  Before we know it, the calendar pages will be changing to a new year – 2022. 

Why would you want to start getting organized for tax season?  Well, planning ahead can help you with filing an accurate return and minimize the processing delays in getting your refund.

So, what is the first step to take to be better organized?  Gather and organize your tax records. It is helpful for prior years’ information to be organized so that it is easily accessible if needed.  Referring to your 2020 return might spur a thought of something that you need to address, i.e., address changes, name changes, etc.   

Have you made any new investments or purchased a new home?  Be organized with information as to your acquisition of these assets.  It can be beneficial in the future. 

Have you had sufficient taxes withheld from wages or made sufficient estimated payments so as not to incur underpayment penalties?  If you owed taxes last year, this is extremely important.  The final payment is due on or before January 18, 2022.

Did you work a second job and were sufficient taxes taken out of your wages?

If you received stimulus payments or child care credits or economic impact payments, do you have the information organized for tax reporting?

If you are a veteran, have you looked into the Veterans Benefits Banking Program for access to financial services at participating banks?

Finally, decide NOW how you will prepare your taxes – yourself, a paid tax preparer or perhaps you are eligible for free preparation through the Volunteer Income Tax Assistance (VITA) or Tax Counseling for the Elderly (TCE) in your community.  Don’t wait until the 11th hour to make this decision.  If you are going to have your taxes prepared by a paid preparer, now is the time to start looking for a preparer.  After all, if you are due a refund, wouldn’t you like to receive it sooner rather than later? 

Yes, I AM rushing the season; but then again, it seems like tax season lasts almost all year long!  Get organized, don’t wait.   

As we near the end of the year (it will be here before we know it), you may be thinking about donations to charities. 

But, then you remember you don’t itemize deductions on your income taxes, so does it really matter when you make your charitable donation?  Last year, there was a deduction of up to $300.00 for cash contribution per individual; $600.00 for married filing joint taxpayers.  It is expected that this will be available again this year.  But, you better have supporting documentation for the donation, should it ever be questioned.    

All donations must be made to a qualified charity. The donation cannot be made to help establish or maintain a donor advised fund, it cannot be an amount carried forward from prior years, it cannot be made to most private foundations, it cannot be made to a charitable remainder trust.  These exceptions also apply to taxpayers who itemize their deductions, so don’t feel bad.

Cash contributions include those made by check, credit card or debit card as well as unreimbursed out-of-pocket expenses in connection with volunteer services to a qualifying charitable organization. Cash contributions don’t include the value of volunteer services, securities, household items or other property.

If you do itemize, however, you can generally claim a deduction for charitable contributions to qualifying organizations. The deduction is typically limited to 20% to 60% of adjusted gross income and varies depending on the type of contribution and the type of charity. The law now allows taxpayers to apply up to 100% of the AG, for calendar-year 2021 qualified contributions. Qualified contributions are cash contributions to qualifying charitable organizations.

The 100% limit is not automatic; a selection must be made to take the new limit for any qualified cash contribution. Otherwise, the usual limit applies. Other allowed charitable contribution deductions may reduce the maximum amount allowed under this election which must be made on the 2021 Form 1040 or Form 1040SR. 

If in doubt, check with your tax preparer or irs.gov. 

Whether or not you follow all of the activity and talk happening in Washington, one topic that you might want to keep an ear open for is the federal estate tax discussions. 

Currently, for a decedent dying in 2021, the federal estate tax exemption/exclusion is $11.7 million.  You may think that you are “safe” in avoiding this possible tax because you are under this amount.  However, there are ongoing discussions of that amount being lowered – but to what amount, is undetermined.  I have read $6 million, $5 million, even $3.5 million.  And, if it is lowered and you don’t plan accordingly, your estate could be subject to federal estate tax.  I am pretty certain that you wouldn’t want your estate to pay any taxes that could be avoided. 

So, where am I going with this blog?  Maybe you should do an analysis of your assets – ALL assets, whether solely owned, owned jointly with spouse, owned jointly with another person, assets such as retirement or life insurance with designated beneficiaries; anything to which you have a right to claim as an asset. 

Start simply by adding up the values of these assets.  In our world today, it probably won’t take long to reach a few million dollars or even several million dollars.  And, since we don’t have that crystal ball to know what the federal exemption/exclusion could be changed to, you may want to evaluate your estate planning to ensure that it is designed in such a way to avoid taxes in our ever-changing world. 

If you are married and will inherit assets upon your spouse’s death, there is a tool called “portability” wherein, upon the first spouse’s death, the unused portion of that spouse’s unused federal exemption/exclusion can be “ported” over to the surviving spouse to be available upon their passing to help reduce or eliminate the payment of any federal estate taxes. 

We often find that when the first spouse passes, the surviving spouse does not feel a need to do anything for the deceased spouse’s estate.  This can be true for some, but not necessarily true in all cases due to the value of assets and portability. 

Before we get any closer to the end of the year, do yourself a favor and take a look at your assets and your estate plan.  You may want to do some planning before the end of the year when the tax laws can change.  Don’t put it off.  I know it may be an overwhelming thought but it will only weigh heavier on your shoulders if you aren’t proactive. 

If you didn’t file your income taxes by May 17, 2021, and requested an extension, October 15, 2021 will be here before you know it.  If you haven’t filed your 2020 taxes yet, time is running out for the filing of returns and payment of taxes owing – although getting an extension was not an extension of time for the payment of taxes.

Taxpayers who owe tax – even those who did not request an extension – and have yet to file a 2020 tax return can generally avoid additional penalties and interest by filing the return as soon as possible and paying any balance due. Even if a taxpayer can’t afford to immediately pay the taxes they owe, they should still file a tax return as soon as possible to reduce possible penalties.

Ok, let’s face it; maybe you haven’t been motivated to finalize your taxes because you know that you are going to owe taxes and don’t want to face the reality of what that amount is.  Please do yourself a favor and get those taxes done and filed.  If you can’t pay the amount of taxes you owe, the IRS does offer options for the payment. All you have to do is ask.  Payment plans are available but you MUST reach out to the IRS. 

If you are missing information needed to complete your taxes, reach out to the source of the income to obtain a duplicate tax statement.  Usually a phone call is all that is needed to have a duplicate mailed to the address of record on the account.  You may even be able to get a duplicate tax form online by accessing your account. 

Would you like to see your IRS account?  Visit irs.gov and you have many options such as viewing your balance and payment history, paying taxes, accessing your tax records and much more.  Go to the Get Transcript area on the site. 

If you are fortunate enough to be receiving a refund, file your taxes electronically using one of the free filing options available and have your refund direct deposited to your bank account.  Otherwise, you may be waiting several months to receive your refund. 

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