Trusts, Estates and Succession

I know you keep hearing about online security and soon you will say, if you haven’t already, that I am like a broken record.  But in today’s world, one cannot be too safe or secure. 

Cookies on the internet are tiny files that are transferred to your computer from websites you visit.  This is a way that websites and online services collect and use information about you.  Some websites will have a popup message that the site uses cookies and you can allow or block the cookies from being used. However, each web browser has a different process for enabling cookies. 

When you are connected to the internet via Wi-Fi, there is a vulnerability which exists.  To be more secure, consider installing a virtual private network (VPN) that will work in conjunction with your web browser to encrypt all information as it leaves your computer or mobile device. 

Passwords – how many do you have?  Are they simple or complex?  Would it be likely someone could easily find out your password?  Skip the numeral sequence or repetition, abc’s, your name, the name of a family member, etc.  The best passwords include numbers and letters – both upper and lower case as well as a symbol or two.  Think of a catchy phrase or sentence that you like and recreate it.  For example – “I like to go to the seashore” could be “Ilk2go2cshore!”.  Get creative. 

When you are shopping online, make certain that the website address is secure with “https” being displayed at the beginning of the website address.  If there is only “http”, then the site may be a bogus website designed to look like the site you are attempting to log into.  If the address doesn’t have the “https”, close your browser, reopen and manually type in the website you are attempting to find. 

You enjoy online shopping. Which is better to use?  A credit card or a debit card?  It is safer to use a credit card because if there is a problem with your purchase or the merchant, you can call the credit card issuer and file a dispute.  Your liability is limited to usually $50.00 and most credit card companies will most likely waive that.  Using a debit card does not provide you with the ability to file a dispute. 

If you don’t use social media, you avoid the risks associated with it.  If you do, don’t post a photo where you are looking directly at the camera.  The picture could be used to forge a passport or driver’s license.  Also, don’t post photos showing that you are traveling.  Wait until you get home to post pictures or information about your trip.  Posting while traveling could be a temptation for someone to break into your home. 

Just as you lock the doors to your home or car, take steps to be secure on the internet. 

You think about it but are concerned about a large capital gain if you have owned your home for several years.  You don’t want all of the profit to be spent in paying capital gains’ tax. 

Do not fear.  There is good news for sellers.  When you file your income taxes for the year of the sale, there may be an exclusion for all or part of the gain on the sale. 

If during a five-year period ending on the date of the sale, you as the homeowner owned the home and lived in it as your primary residence for at least two years, an exclusion may be available if you meet the ownership and use tests. 

If you sell your primary residence, you may be able to exclude up to $250,000 of the gain ($500,000 for taxpayers filing a joint return).  

Unfortunately, if you have a second home and sell it, the gain exclusion is available only on your primary residence. 

When you sell your home, you should receive a Form 1099-S which is used to report the sale.  If you had a mortgage and the balance was not paid at closing or a portion of it was not paid, you must report forgiven or cancelled debt as income on your tax return.  This would be as a result of a mortgage workout, foreclosure or other situation.  People are often misled that if a debt is cancelled or forgiven, they are free and clear.  However, such is not the case.

As with everything, there are exceptions to these rules for certain individuals, such as persons with a disability, certain military members, etc. 

If you sell your home and prepare your own taxes, Publication 523 can assist with the calculation of gains and provide other information relative to reporting the sale. 

You have decided to take the whole family and a few extended family members on a trip to Hawaii.  In all, there will be nine of you.  So, let’s see – how many hotel rooms would you need to accommodate the travelers, taking into consideration if kids would be in a room by themselves, who could room together, etc.  Add to that, many hotel rooms don’t have kitchen facilities and feeding everyone at least three times a day in a restaurant will get expensive.  So, you decide to go on a website to see if you can rent a home that would accommodate everyone, enable cooking to be done and give everyone space to spread out rather than in a cramped hotel room. You find the perfect house and decide to rent it. Great! This will be some vacation! 

For you, as the party who will be renting, this is an appealing alternative. But, let’s change the scenario around a little.  You have a sizeable home at the shore or in the mountains and it doesn’t get used as much as it could.  After your trip to Hawaii and renting a house, you decide that your second home could generate some income to help offset the maintenance.  So, you decide to use one of the online sites to advertise your home for rent.  Sounds like a great idea.  What could be the downside? 

The sharing economy has become quite popular recently – sharing homes, vehicles, tools, you name it.  But, there are some things that should be kept in mind that could impact your income taxes. 

First of all, the activity is taxable.  Even if the activity is only part time, it is the source of a second income, payments are in cash and the owner receives a Form 1099 or a Form W-2.

Next, there are only certain expenses which are deductible, but the expenses have guidelines for deductibility. 

If you rent out a home and you use it part of the time, there are special rules to be applied for determination of the allowed deduction of expenses. 

The additional income may necessitate your having to make estimated income tax payments to ensure that the adequate amount of income taxes have been paid throughout the year toward your total tax liability.

From renting spare rooms and vacation homes to car rides or using a bike…name a service and it’s probably available through the sharing economy. Taxpayers who participate in the sharing economy can find helpful resources in the IRS Sharing Economy Tax Center on IRS.gov. It helps taxpayers understand how this activity affects their taxes. It also gives these taxpayers information to help them meet their tax obligations.

If you want to try the sharing economy as an owner, you may wish to check with your tax preparer for guidance on joining the sharing economy.  It is great for some people, but not necessarily the best idea for everyone. 

It is so nice to meet you. 

But, you ask, how did we meet? 
I don’t recall meeting you.  Is my memory fading?

Maybe your memory is fading, but I really don’t care about that.  Let me tell you some ways that I may have met you. 

  • Have you entered contests and provided your name, address, age? 
  • Do you fill out survey forms that disclose your information, perhaps from a hotel, restaurant, website where you purchased something? 
  • Have you completed a warranty card for a new appliance, a car, tires, a computer, mobile phone? 
  • Do you toss your mail that has your name, address, perhaps account number or other information without first shredding the same?
  • Have you been named in an obituary for a loved one who recently passed? 
  • Are you a social media person? 
  • Do you live in the United States?

If you answered affirmatively to any of these questions, identity thieves may have gained access to your personal information, AND, the more you share in these areas, the more vulnerable you are.  Even if you trust sites and companies, by providing information to them, your information could be compromised if they experience a data breach.  Posting vacation pictures on social media can invite potential break-ins at your home. 

It may seem like we are broken records – if you know what that phrase means – but PLEASE, PLEASE be cautious with the information you share.  Look for trouble and you won’t find it; don’t look for trouble and it could find you.

What an odd combination you might think.  But it is something to be considered when planning a wedding.  No, unfortunately you can’t get a deduction for the cost of the wedding.  Sorry. 

But regardless of when the happy couple becomes Mr. and Mrs., the first tax return as a married couple will be due before they know it. 

Perhaps you aren’t in the midst of planning a wedding, but if you know someone who is, you may want to share this blog with them.

The IRS has offered five simple steps that can reduce the stress of filing a first income tax return as newlyweds:

Step 1: Taxpayers should check their withholding at the beginning of each year, or when their personal circumstances change — like after getting married. Using the IRS Withholding Calculator is a good way for taxpayers to check their withholding. Taxpayers who need to change their withholding should complete and submit a new Form W-4, Employee’s Withholding Allowance Certificate, to their employer.

Step 2: Marriage may mean a change in name. If either – or both – of the newlyweds legally change their name, it’s important to report that change to the Social Security Administration. The names on the taxpayers’ tax return must match the names on file at the SSA. If it doesn’t, it could delay any refund.

Step 3: If a marriage means a change in address, the IRS and the U.S. Postal Service need to know. Newlyweds can file Form 8822, Change of Address, to update their mailing address with the IRS. They should notify the postal service to forward their mail by going online at USPS.com or by visiting their local post office.

Step 4: Taxpayers who receive advance payments of the premium tax credit should report changes in circumstances to their Health Insurance Marketplace as they happen. Certain changes to household, income or family size may affect the amount of the premium tax credit. This can affect a tax refund or the amount of tax owed. Taxpayers should also notify the Marketplace when they move out of the area covered by their current Marketplace plan.

Step 5: Newlyweds should consider their filing status. A taxpayer’s marital status on December 31 determines whether they’re considered married for that full year. Generally, the tax law allows married couples to file their federal income tax return either jointly or separately in any given year. Taxpayers can use the Interactive Tax Assistant to determine which status is best for them.

Give these steps attention so that the honeymoon can continue.

Summer is around the corner and whether you are shopping online to get ready for a vacation or relaxing while on vacation and decide to indulge, BE AWARE!  Your financial information, tax information and Social Security number could be at risk. 

Cybercriminals want to turn stolen data into quick cash. They do this by draining financial accounts, charging credit cards, creating new credit accounts or even using stolen identities to file a fraudulent tax return for a refund.

Here are seven steps for taxpayers the IRS has provided, which can be followed to help protect their accounts and their money:

  • Avoid unprotected Wi-Fi. Unprotected public Wi-Fi hotspots may allow thieves to view transactions.  Think about hotel rooms, free Wi-Fi in restaurants and other public places.
  • Shop at familiar online retailers. Generally, sites using the “s” designation in “https” at the start of the URL are secure. User can also look for the “lock” icon in the browser’s URL bar. That said, some thieves can get a security certificate, so the “s” may not always vouch for the site’s legitimacy. Beware of purchases at unfamiliar sites or clicks on links from pop-up ads.
  • Learn to recognize and avoid phishing emails. Thieves send these emails, posing as a trusted source, such a financial institution or the IRS. The criminal’s goal is to entice users to open a link or attachment. The link may take users to a fake website that will steal usernames and passwords. An attachment may download malware that tracks keystrokes.
  • Keep a clean machine. This applies to computers, phones and tablets. Taxpayers should use security software to protect against malware that may steal data and viruses that may damage files.
  • Use passwords that are strong, long and unique. Experts suggest a minimum of 10 characters but longer is better. People should also avoid using a specific word in the password. They should also use a combination of letters, numbers and special characters.
  • Use multi-factor authentication when available. This means users may need a security code, usually sent as a text from a financial institution or email provider to a mobile phone. People use this code in addition to usernames and passwords.
  • Encrypt and password-protect sensitive data. If keeping financial records, tax returns or any personally identifiable information on computers, this data should be encrypted and protected by a strong password.

Be a savvy shopper – not only by looking for deals on items you want to purchase but also by keeping your information secure. 

Data thieves don’t take a break.  EVER.  They are always working.  One might say they are workaholics. 
 
The most common way for cybercriminals to steal money, bank account information, passwords, credit cards and Social Security numbers is to simply ask for them. Every day, people fall victim to phishing scams or phone scams that cost them their time and their cash.

Here are a few steps taxpayers can take to protect against phishing and other email scams. When reading emails, people should:

  • Be vigilant and skeptical. Never open a link or attachment from an unknown or suspicious source. Even if the email is from a known source, the recipient should approach with caution. Cybercrooks are good at acting like trusted businesses, friends and family. This even includes the IRS.
  • Double check the email address. Thieves may have compromised a friend’s email address. They might also be spoofing the address with a slight change in text. For example, using narne@example.com  instead of name@example.com.  Merely changing the “m” to an “r” and “n” can trick people. Look closely.
  • Remember that the IRS doesn’t initiate spontaneous contact with taxpayers by email to ask for personal or financial information. This includes asking for information via text messages and social media channels. The IRS does not call taxpayers with aggressive threats of lawsuits or arrests.
  • Not click on hyperlinks in suspicious emails. When in doubt, users should not use hyperlinks and go directly to the source’s main web page. They should also remember that no legitimate business or organization will ask for sensitive financial information by email.
  • Use security software to protect against malware and viruses found in phishing emails. Some security software can help identity suspicious websites that are used by cybercriminals.
  • Use strong passwords to protect online accounts. Experts recommend the use of a passphrase, instead of a password, use a minimum of 10 digits, including letters, numbers and special characters.
  • Use multi-factor authentication when offered. Two-factor authentication means that in addition to entering a username and password, the user must enter a security code. This code is usually sent as a text to the user’s mobile phone. Even if a thief manages to steal usernames and passwords, it’s unlikely the crook would also have a victim’s phone.
  • Report phishing scams. Taxpayers can forward suspicious emails to phishing@irs.gov.

When you reach the age of 70-1/2, you are required to begin taking retirement plan distributions.  Failure to do so could subject you to a surcharge by the IRS.  This distribution must be taken by April 1 of the year following the attainment of age 70-1/2. 

These payments are called required minimum distributions (RMDs) and are normally made by the end of the year.  However, the year in which you reach 70-1/2 has a special rule that allows extra time to receive the first distribution.  This special rule is only effective for first-time distributions.  Subsequent distributions must be made by December 31 of each year.  And, yes, this could effectively result in receiving two RMDs in the same year. 

The required distribution rules apply to owners of traditional, Simplified Employee Pension (SEP) and Savings Incentive Match Plans for Employees (SIMPLE) IRAs but not Roth IRAs while the original owner is alive. They also apply to participants in various workplace retirement plans, including 401(k), 403(b) and 457(b) plans.

An IRA trustee must either report the amount of the RMD to the IRA owner or offer to calculate it for the owner. Often, the trustee shows the RMD amount on Form 5498 in Box 12b. For a 2018 RMD, this amount is on the 2017 Form 5498 normally issued to the owner during January 2018.

Though the April 1 deadline is mandatory for all owners of traditional IRAs and most participants in workplace retirement plans, some people with workplace plans can wait longer to receive their RMD. Employees who are still working usually can, if their plan allows, wait until April 1 of the year after they retire to start receiving these distributions. If you reach 70-1/2 and are still employed, you should check with your plan administrator for guidance. 

Many answers to questions about RMDs can be found in a special frequently asked questions section at IRS.gov.

(a reprint from an IRS notice)

Taxpayers should protect their personal and financial data from criminals who continue to steal large amounts of information. Thieves use the data to file bogus tax returns and commit crimes while impersonating the victim.

All taxpayers should follow these steps to protect themselves and their data.

Keep a secure computer. Taxpayers should:

  • Use security software that updates automatically. Essential tools for keeping a secure computer include a firewall, virus and malware protection, and file encryption for sensitive data.
  • Treat personal information like cash; don’t leave it lying around.
  • Give personal information only over encrypted and trusted websites.
  • Use strong passwords and protect them.

Avoid Phishing and Malware. Taxpayers should:

  • Not respond to emails, texts or calls that appear to be from the IRS, tax companies and other well-known businesses. Instead, verify contact information about companies or agencies by going directly to their website.
  • Be cautious of email attachments. Think twice before opening them.
  • Turn off the option to automatically download attachments.
  • Download and install software only from known and trusted websites.

Protect personal information. Taxpayers should:

  • Not routinely carry a Social Security card or other documents showing a Social Security number.
  • Not overshare personal information on social media. This includes information about past addresses, a new car, a new home and children.
  • Keep old tax returns and tax records under lock and key.
  • Safeguard electronic files by encrypting and properly disposing them.
  • Shred tax documents before trashing.

Taxpayers should forward IRS-related scam emails to phishing@irs.gov. They can report IRS impersonation telephone calls at www.tigta.gov.

More Information:

You may have heard mention of ABLE accounts.  So, what is an ABLE account?  ABLE stands for Achieving a Better Life Experience for persons with disabilities.

ABLE accounts are designed to help people with disabilities and their families save and pay for disability-related expenses. Though contributions are not deductible, distributions, including earnings, are tax-free to the designated beneficiary if used to pay qualified disability expenses. These expenses can include housing, education, transportation, health, prevention and wellness, employment training and support, assistive technology, personal support services and other disability-related expenses.

Normally, contributions totaling up to the annual gift-tax exclusion amount, currently $15,000, may be made to an ABLE account each year for the benefit of an eligible person with a disability, known as a designated beneficiary. Starting in 2018, if the beneficiary works, the beneficiary can also contribute part, or all, of their income to their ABLE account.

This additional contribution is limited to the poverty-line amount for a one-person household. For 2018, this amount is $12,140 in the continental U.S. The designated beneficiary is not, however, eligible to make this additional contribution if their employer contributes to a workplace retirement plan on their behalf.

ABLE account beneficiaries can qualify for the Saver’s Credit based on contributions they make to their ABLE accounts. Up to $2,000 of these contributions may qualify for this special credit designed to help low- and moderate-income workers. Claimed on Form 8880, Credit for Qualified Retirement Savings Contributions, this credit can reduce the amount of tax a person owes or increase their refund.

Finally, some funds may now be rolled into an ABLE account from the designated beneficiary’s own 529 plan or from the 529 plan of certain family members.

For more information about ABLE accounts visit IRS.gov.     

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