Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

Trusts, Estates and Succession

The Fourth of July is behind us and the start of a new school year will be here before we know it.  If you are a parent with children going to school – including those headed off to college – you are probably already starting your “school” shopping. 

If you have a child headed for college, here are a few items to add to your list of “school” shopping:

  • A college age child is likely to be 18 years old.  As a parent, you no longer have the parental authority to act on the child’s behalf.  If your child is unable to make medical decisions for themselves – and yes, at the age of 18 you no longer have the say – does your child have a medical power of attorney or health care directive?  This is important whether your child is going away to college or perhaps staying in the home area. 
  • Also, at the age of 18, your child is deemed to be able to make financial decisions.  In today’s world, many financial accounts are virtual and we don’t have any paper to identify these assets.  Do you know where your child’s assets are and how to access their accounts?  And, more importantly, do you have authority under a power of attorney to do so?  If you don’t have a power of attorney, you have no right to access this information.

It is very easy for parents to overlook these two very important documents when their children reach the age of 18.  After all, you have been making decisions for 18 years for them, so why do you need to change that now? 

Here are but a few situations that your child not having the above documents could create problems:

  • Natural parents are divorced.  Regardless of which parent a child lives with, does one parent have more authority than the other?  Those child custody agreements may not be effective any longer once a child reaches the age of 18.
  • Child without a health care directive/power of attorney has not designated who will be responsible for making medical decisions in the event the child is unable to do so.  Child has suddenly sustained an illness or injuries and is unlikely to recover.  Each parent has different views on whether to continue with life support or end life support.  Which parent governs?
  • Same situation as above but child’s email account is needed to be accessed and no one knows the password.  Who has authority to gain access?
  • Same situation but access to child’s bank account is needed.  No power of attorney was signed.  How would you go about gaining access to account?

I don’t mean to be doom and gloom, for a child going off to college is an exciting time in their life (and a big adjustment for mom and dad).  But, these documents are very important to have in place as soon as your child reaches the age of 18.  Because once they do, mom and dad, they are considered an adult and in charge of themselves – regardless of whether they still live under your roof and you provide for their support.  Have a discussion with your child and make an appointment to have these documents prepared sooner rather than later – just as an ounce of prevention.

Who hasn’t seen these ads on television claiming that if you owe taxes, the advertiser can settle your debt for pennies on the dollar. Do you believe these ads to be valid?

Every year, the IRS publishes their DIRTY DOZEN list which is basically a list of the top 12 scams with regard to taxes.  This year, in addition to the usual and common ones of IRS impersonators calling you demanding money, identity theft, etc., the IRS has added what they are calling “offer in compromise mills.” 

These “mills” are the advertisers who claim they can reduce your debt with the IRS.  They are akin to the “ambulance chasers” often seen in accident cases.  Are their claims valid?  As to the IRS claims, not very likely. 

So, what do you do if you owe the IRS and can’t pay your obligation?  The best option is to contact the IRS and work directly with them to set up a payment plan.  Contrary to what many people think about the IRS, they are human and will work with you.  Yes, the IRS may use a method called “offer in compromise” but it will be a legitimate offer and you won’t be charged a fee as you would pay these “offer in compromise mills.”  Another option is to consult a tax professional who can provide guidance on how it would be best to proceed. 

IRS.gov has a tool called Offer in Compromise Pre-Qualifier Tool which you can use to see if you qualify for entering into an offer in compromise.  But, it is suggested that even if you don’t pre-qualify, rather than doing nothing, you are better off to contact the IRS or engage the services of a tax professional to assist in helping to get going in the right direction toward resolving your tax liability.  

In a similar fashion, there are ads that are enticing to get you a bigger refund.  These ads are not always trustworthy and should you use one of these preparers and you magically get a refund larger than what you may have expected, recognize that a red flag may be present.  Could your return have invented income to qualify you for tax credits, claim fake deductions to increase the amount of refund or direct a refund into a bank account other than your own?  These could result in an audit of your return and a return of a portion or all of the refund you received with added penalties and interest. 

Be realistic with claims that seem too good to be true.  Do your homework.  And by all means, do not be afraid to call the IRS.  They are here to help you.  They aren’t the bad guys.

Are you one of those taxpayers who is waiting for a refund on your 2020 income tax return?  Well, if so, the IRS has just alerted that the processing of 2020 income tax returns is expected to be completed by week’s end. 

The backlog was just another part of life that was affected by COVID.  A larger than usual number of paper tax returns were filed which only contributed to the delays along with staffing issues. 

As of June 10, 2022, the IRS had processed more than 4.5 million of the more than 4.7 million individual paper tax returns received in 2021. The IRS has also successfully processed the vast majority of tax returns filed this year: More than 143 million returns have been processed overall, with almost 98 million refunds worth more than $298 billion being issued. Those are some pretty big numbers.

Improvements in the process for taxpayers whose paper and electronically filed returns were suspended during processing for manual review and correction – referred to as error resolution. Last filing season, an IRS tax examiner could correct an average of 70 tax returns with errors per hour. Thanks to new technology implemented this filing season, 180 to 240 returns can now be corrected per hour. As of June 12, 2021, there were 8.9 million tax returns in error resolution. As of June 10, 2022, there were just 360,000 returns awaiting correction.

The IRS reminds millions of taxpayers who have not yet filed their 2021 tax returns this year – including those who requested an extension until October 17 – to make sure they file their returns electronically with direct deposit to avoid delays. People who use e-file avoid the delays facing those who file paper returns; e-filed returns with no errors are typically processed in 21 days.

The IRS also urges people to file as soon as they are ready. There is no need to wait until the last minute before the October 17 extension deadline. Filing sooner avoids potential delays for taxpayers, and it also assists the larger ongoing IRS efforts to complete processing tax returns this year.

So, if you are waiting for a refund, you should be able to visit irs.gov – Where’s My Refund next week and find out when to expect your refund. 

If you are/were the beneficiary of an IRA or a qualified defined contribution plan participant that was owned by someone that has died, there are new rules and regulations that must be kept in mind.  Gone are the days that you could stretch out the distribution for an extended period of time – now, the distributions must be completed in full within ten years in most cases.  And, all or a portion of those distributions are likely be income taxable. 

So, how can you maximize the value of the distributions?  It makes sense that the deferral of income and/or capital gains can maximize value.  However, ordinary income tax rates apply to taxable distributions (other than Roth IRAs) and favorable capital gains tax rates are available for distributions from taxable retirement accounts, including required minimum distributions.

What do you need to keep in mind? 

  • If the owner of the asset dies before becoming subject to required minimum distributions, the SECURE Act now requires that the designated beneficiary take distribution of the full amount by December 31 of the year containing the tenth anniversary of the owner’s death.  However, if the beneficiary can comply with pre-SECURE rules, there may be an exception to receive annual distributions based on the beneficiary’s life expectancy. 
  • Eligible Designated Beneficiaries include the owner’s surviving spouse, certain children depending upon age, a disabled individual or certain chronically ill individuals.
  • FYI – if there is no designated beneficiary, the entire account must be distributed and subject to income taxes by the end of the calendar year containing the fifth anniversary of the owner’s date of death if the owner had reached the required distribution date.

Remember that Roth IRAs are not included as the income tax has already been paid on these accounts. 

If you are charitably inclined, you may want to consider designating a charity as beneficiary since there would be no income tax consequences to a charity. 

It is advisable that you speak with a financial advisor or an attorney familiar with tax laws to help determine what the best option is for you and your individual situation.  The worst action you can take is to be reactive and withdraw the entire account before exploring your options to minimize your tax consequences. 

Still looking for a refund to your returns filed?  Unlike in previous years, you can now track refunds for the past two years. 

The IRS recently enhanced the “Where’s My Refund?” online tool and introduced a new feature that allows you to check the status for the current tax year and two previous years.  This is good news since, with COVID, paper returns were not timely processed and the IRS is working to catch up with the processing. 

To check for the status of your refund, you will need your Social Security Number or your ITIN, your filing status on the return and the expected amount of refund for the year you are checking. 

You are able to use this online tool 24 hours after e-filing your 2021 return, three or four days after e-filing returns for 2019 or 2020 or four weeks after mailing a paper return. 

Remember, the sooner you file a return, the sooner you can receive your expected refund.  Also, electronic filing of your return will make your refund available sooner.  Even if you have filed an extension for time to file your return, don’t procrastinate. Get your return filed and off of your TO DO list.  Then you don’t have to think about it any longer. 

The “Where’s My Refund?” tool is updated once a day, usually overnight, so you can check every day to determine your status.  This tool allows you to track your refund being received, your refund being approved and the date your refund was sent.

A Trivia Fact – the “Where’s My Refund?” Tool was used more than 776 million times during 2021. 

Summertime and the moving trucks are busy.  If you are selling your home, here are some important reminders:

  • Some or all of your gain may be excludable from income tax.  Have you owned your home as your primary residence for five years?  Have you lived there for at least two years?  If the answer is yes to both of these questions, you may be able to exclude up to $250,000 of any gain if you are single, and if you file a joint return with your spouse, you may be able to exclude up to $500,000 of gain. 
  • If you experience a loss when selling your main home – you sold it for less than you paid for it – unfortunately, this loss is not deductible. 
  • If you own more than one home, you are only able to exclude the gain on the sale of your main home.  Any gains on homes other than your primary residence are not excludable and are subject to tax on any gain.
  • You must report forgiven or canceled debt as income on your tax return.  This is if you had a mortgage workout, a foreclosure or other canceled mortgage debt. 
  • There are exceptions to these rules for certain persons, such as someone with a disability, military, intelligence community and Peace Corps workers.  Check with a tax advisor to determine if you are eligible.

Once again, I encourage you to visit irs.gov for additional information to assist you when selling your home.  Worksheets are included in Publication 523 – Selling Your Home which can help with determining the amount, and your eligibility of excluding gain on the sale.

Happy packing and moving – and enjoy your new home.

That could easily become our buzz word these days.  Especially given what we have been through in the past couple of years.  But, life is full of uncertainty. 

We were coasting along in 2019 and then 2020 saw the pandemic force us to change almost everything.  We experienced isolation, social distancing, masks, uncertainty of where the pandemic would take us.  But it also caused uncertainty in the economic portion of our world.  WOW.  Our financial positions were affected and many people were fearful of “losing it all”. 

Fast forward to May, 2022 and you see so many changes as a result of Covid.  Businesses closed, many office workers have changed their work style to either working at home or having a hybrid mix.  The real estate market shot through the roof, mortgage interest rates tumbled to very appealing rates.  Supply chain issues developed affecting us in more ways than we can imagine.

But where are we today?  Gas prices are hovering close to $5.00 a gallon, grocery prices are increasing (or the quantity you get in a package is decreasing), supply chain issues still are in existence and there is the ongoing conflict in Ukraine.  And now the stock market is declining.  And we are back to being reactive and wanting to protect our hard earned assets.  But, what should we do? 

While I may have many years in working with estates, I will be the first to admit that I am no expert when it comes to the stock market – nowhere near what I would even consider to be knowledgeable.  Yes, I know how it works and the impact of the market.  But as to investing, don’t ask me.  During my career I have received much unsolicited advice as to where to invest.  Some of it seemed practical, but some, maybe not so. 

So, where am I going with all of this?  Don’t be reactive to what is going on with the economy today.  We cannot control where it is going and the only thing we can do is what is best for ourselves.  And that varies from person to person.  Depending upon where you are in life, you may wish to consider enlisting the help of financial professionals to provide oversight on your brokerage/retirement accounts.  That is their job and they study the market almost every minute of the day that the market is open – not only in the US but worldwide.  Let them take some of the anxiety and stress away from yourself.  Rather than depending upon your thought to be “best” choices in the market, let someone knowledgeable and intimately familiar with the market assist you. 

Where are we going to end up with this newfound world we are living in?  Who knows?  But, there is only so much we can control.  Take charge of what you can control and leave uncertainty to those who are better able to help and provide guidance. There are many qualified financial professionals who can help you.  If you are new to seeking assistance of a financial professional, don’t interview just one.  Interview two or three.  Ask acquaintances if they have anyone they might recommend.  Look at qualifications of the professional.  Someone with a designation of Certified Financial Planner requires demonstration of their knowledge and continued education on an annual basis. 

Educate yourself and make a wise choice.  Know the differences and weigh the advantages and disadvantages between having a dedicated financial team vs. an online account.  (For example – if you needed to tap your account in an emergent situation, how quickly would the funds be available?  How easily will it be to request a cash distribution?)

And remember, you get what you pay for.  So, if you are being thrifty and self-directing your assets, your success or failure depends only upon your knowledge.  Are you willing to take those chances and live with the outcome?

The IRS mails letters or notices to taxpayers for a variety of reasons including:

• They have a balance due.
• They are due a larger or smaller refund.
• The agency has a question about their tax return.
• They need to verify identity.
• The agency needs additional information.
• The agency changed their tax return.

If a taxpayer receives an IRS letter or notice, they should:

Not ignore it. Most IRS letters and notices are about federal tax returns or tax accounts. The notice or letter will explain the reason for the contact and gives instructions on what to do.

Not panic. The IRS and its authorized private collection agencies generally contact taxpayers by mail. Most of the time, all the taxpayer needs to do is read the letter carefully and take the appropriate action.

Read the notice carefully and completely. If the IRS changed the tax return, the taxpayer should compare the information provided in the notice or letter with the information in their original return. In general, there is no need to contact the IRS if the taxpayer agrees with the notice.

Respond timely. If the notice or letter requires a response by a specific date, taxpayers should reply in a timely manner to:

  • avoid delays in processing their tax return.
  • minimize additional interest and penalty charges.
  • preserve their appeal rights if they don’t agree.

Pay amount due. Taxpayers should pay as much as they can, even if they can’t pay the full amount. People can pay online or apply online for a payment agreement, including installment agreements, or an Offer in Compromise.

Keep a copy of the notice or letter. It’s important that taxpayers keep a copy of all notices or letters with other tax records. They may need these documents later.

Remember, there is usually no need to call the IRS. If a taxpayer must contact the IRS by phone, they should use the number in the upper right-hand corner of the notice. The taxpayer should have a copy of their tax return and letter when calling. Typically, taxpayers only need to contact the agency if they don’t agree with the information, if the IRS requests additional information, or if the taxpayer has a balance due. Taxpayers can also write to the agency at the address on the notice or letter. Taxpayer replies are worked on a first-come, first-served basis and will be processed based on the date the IRS receives it.

You have filed your taxes and are expecting a refund on your Federal Return.  How can you check on the status of your refund?  Visit the irs.gov website and use the Where’s My Refund tool.  Your return should be available within 24 hours after the IRS has acknowledged receipt.  You will also be able to receive a personalized refund date after the return is processed and a refund is approved.  Access to the Where’s My Refund? tool is also available on the IRS2Go app.

If you want to use the tool, you will need your Social Security number or Individual Taxpayer Identification number, your filing status and the exact amount of the refund claimed on your return. 

When using the tool, you can determine the progress of your return processing in three phases:  return received; refund approved; refund sent. The refund approved indicates that the refund is being prepared for direct deposit or by check to be mailed.

The tool is updated once a day – usually overnight. 

So, if you are lucky enough to be getting a refund, you can check once a day to determine the status.  Please don’t call the IRS about expediting your refund.  There are many callers with substantive issues and the people in the call centers are not able to provide any information that you don’t have access to. Nor are they able to speed up the refund processing. 

If you are looking for more information, there is a Refund FAQ section on irs.gov. 

New Jersey recently launched a free website called NJ FinLit.  This site is sponsored by the New Jersey Department of the Treasury and contains interactive tools, videos and articles which can be used to understand and manage your financial resources. 

While there are many resources on the internet with regard to financial wellness, you must be cautious as some of the sites could prompt you to enter personal information which could hack your identity and access your assets. 

In a quick preview of the site, I found:

  • An assessment of finances and recommended tools, content and how to achieve your goals.
  • Tools to help you discover your financial personality.
  • Tools to help you strengthen your financial skills.

The website has quick reads (5 minutes or less) on various areas of financial wellness.  You can even take online courses to increase your knowledge or help you strengthen your financial wellness.  A couple of the topics include buying or leasing a car, higher education costs and assistance. There are also financial tools that you can use to help you with decision making in various financial areas.

In an age of a higher cost of living, recovering from the pandemic, the supply chain challenges, why not take advantage of a FREE resource to help you improve your financial status, assist in decision making, and just get a better grasp on financial wellness. 

The website is njfinlit.enrich.org. 

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