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Adoption Tax Benefits

Adoption Tax Benefits

Taxpayers interested in the adoption process should be aware of tax benefits available for the 2022 tax year.

Important, we will go through each of the following in more detail:

  • Employer Adoption Assistance
  • Adoption Tax Credit
  • Sepcial Needs
  • When to Claim
  • Income Limits
  • Filing Status
  • Qualified Adoption Expenses

Emloyer Adoption Assistance

Your employer can provide up to $14,890 (2022 tax year) tax free adoption assistance.

Adoption Tax Credit

Taxpayers are eligible for $14,890 (2022 tax year) tax credit for qualified adoption expenses.

Special Needs

If you adopt a U.S. child that a state has determined to have special needs, you’re generally eligible for the maximum amount of credit in the year of finality. Even if you did not spend the money, The exclusion may be available, even if you or your employer didn’t pay any qualified adoption expenses, provided the employer has a written qualified adoption assistance program

Did you adopt a child with special needs? A child is special needs if:

  • Citizen or US Resident
  • State Government Agency determined child can not be returned to parents
  • State Government Agency determined child probably will not be adopted without assistance

Important Child with Special Needs is not the same as “Special Needs Adoption” for tax purposes when claiming the adoption credit.

When to Claim

The tax year for which you can claim the credit depends on the following:

  • When the expenses are paid;
  • Whether it’s a domestic adoption or a foreign adoption; and
  • When, if ever, the adoption was finalized.

Income Limit

If your modified adjusted gross income is over $223,410 (2022 taxyear) then your employer assistance exclusion or adoption credit will be limited. At $263,410 MAGI then your exclusion or credit is $0.

Filing Status Married Filing Separate

If you filed your return using the married filing separately filing status in the year particular qualified adoption expenses are first allowable, you generally can’t claim the credit or exclusion for those particular expenses. You may need to file an amended return to change to a qualifying filing status within the period of limitations. However, see Married Persons Not Filing Jointly in the Instructions for Form 8839PDF, which describes an exception for certain taxpayers living apart from their spouse and meeting other requirements.

You may be able to take the credit or exclusion if all of the following apply.

  • Statements (2) and (3) under Who Can Take the Adoption Credit or Exclude Employer-Provided Adoption Benefits are true.
  • You lived apart from your spouse during the last 6 months of 2022.
  • The eligible child lived in your home more than half of 2022.
  • You provided over half the cost of keeping up your home.

Additionally, a person who is filing separately may claim an adoption credit carryforward from a prior year or years, provided that, if the person was married in the year in which the qualified adoption expenses first became allowable for the credit, the person filed a joint return for that year.

Qualified Adoption Expenses

Per the IRS,

For both the credit and the exclusion, qualified adoption expenses, defined in section 23(d)(1) of the Code, include:

  • Reasonable and necessary adoption fees,
  • Court costs and attorney fees,
  • Traveling expenses (including amounts spent for meals and lodging while away from home), and
  • Other expenses that are directly related to and for the principal purpose of the legal adoption of an eligible child.

An expense may be a qualified adoption expense even if the expense is paid before an eligible child has been identified. For example, prospective adoptive parents who pay for a home study at the outset of an adoption effort may treat the fees as qualified adoption expenses.

An eligible child is an individual who is under the age of 18 or is physically or mentally incapable of self-care.

Qualified adoption expenses don’t include expenses that a taxpayer pays to adopt the child of the taxpayer’s spouse.

Qualified adoption expenses include expenses paid by a registered domestic partner who lives in a state that allows same-sex second parent or co-parent to adopt his or her partner’s child, as long as those expenses otherwise qualify for the credit.

Want to learn more? https://www.irs.gov/instructions/i8839#en_US_2022_publink23077td0e625

Tax laws are always changing and evermore confusing. If you have tax questions or need a second opinion, were here to help you along the way! Meet you new CPA today

Filing Deadline for Individual Tax Return April 18, 2023*

IMPORTANT REMINDER Tax Deadline is April 18, 2023. Normally the tax deadline is April 15th but this year Emancipation in Washington DC is April 16th (Sunday) so it will be celbrated Monday April 17th

Imporant tax deadline can not fall on weekend or holiday so taxes for Individuals Taxes or Extensions are due April 18, 2023.

*certain people impacted by natural disaster have had their tax deadlines extended. Please contact us immediately to see if you qualify for this additional natural disaster extension.

Per the Governor of California Gavin Newsom’s Office

TAX EXTENSION

To help alleviate some of the stress many have endured during this trying period, the FTB has extended the filing and payment deadlines for individuals and businesses in California until May 15, 2023.

This relief applies to deadlines falling on or after January 8, 2023, and before May 15, 2023, including the 2022 individual income tax returns due on April 18 and the quarterly estimated tax payments, typically due on January 17, 2023 and April 18, 2023.

The IRS announced tax relief for Californians affected by these winter storms. Taxpayers affected by these storms qualify for an extension to May 15, 2023 to file individual and business tax returns and make certain tax payments. This includes:

  • Individuals whose tax returns and payments are due on April 18, 2023.
  • Quarterly estimated tax payments due January 17, 2023 and April 18, 2023.
  • Business entities whose tax returns and payments are due on March 15, 2023

In addition, FTB will suspend the mailing of collection notices to affected taxpayers for the next 30 days, beginning January 13, 2023.

Here is a link to find more information on  FTB Publication 1034, 2022 Disaster Loss: How to Claim a State Tax Deduction

https://www.gov.ca.gov/2023/01/13/tax-relief-for-californians-impacted-by-storms

IRS Guidance on Home Office Tax Deduction

PER the IRS: If you use part of your home for business, you may be able to deduct expenses for the business use of your home. The home office deduction is available for homeowners and renters, and applies to all types of homes. 

If you are a contractor / self employed / Partner (K1), then you better pay attention to this important tax deduction.

This year when you go to file your taxes make sure to bring the following information related to your home office.

  • Rents Paid*
  • Mortgage Interest Paid
  • Real Estate Taxes Paid
  • Insurance Paid *
  • Utilities*
  • Repairs*
  • Association Dues*
  • Maintenance*
  • Travel*
  • Legal & Professional*
  • Commissions*
  • Management Fees*
  • Bank Charges*
  • Advertising*
  • Depreciation

*We do not need to see the support documents for most of these items, BUT you must keep for your records in case of audit. PLEASE only provide the summarized annual total spent per category. If you need us to review your support documents there could be additional charges.

The tax preparer will calculate the greater tax benefits between the 2 alllowable methods to calculate your home office deduction.

Method 1 = Simplified option + For tax year after 2012 per the IRS Revenue Procedure 2013-13, certain taxpayers qualify to take a prescribed rate multiplied against square feet to calculate the home office deduction instead of the Regular Method. This simplified method greatly reduces the need for substantiation and record keeping and can be easily calculated.

Method 2 = Regular Method + For tax year 2012 and prior, the regular method allows taxpayers to take a business use % of the total home expenses plus and direct expenses. This method requires a lot more record keeping and substantiation.

Let us know if you have any question on your taxes for your Schedule C sole propreitor business expenses or Schedule E passhtrough partnership unreimbursed expenses.

We’re here to help you along the way; meet your new CPA today.

Iggy Azalea Tax Troubles & Tips For Paying Off The IRS

Iggy Azalea Tax Trouble IRSPop singer Iggy Azalea has skirted confirming rumors of IRS troubles to the tune of $400,000. Iggy recently tweeted @IGGYAZALEA “The IRS gave the option to pay them monthly or lump sum. i picked monthly, who wouldnt?”

Great question Iggy. Read below for facts regarding late payments, installment agreements and tips for taxpayers who owe the IRS money.

Failure-to-pay Penalty – If you do not pay your taxes by the tax deadline, you normally will face a failure-to-pay penalty of ½ of 1 percent of your unpaid taxes. That penalty applies for each month or part of a month after the due date and starts accruing the day after the tax-filing due date. If Iggy owes the Feds $400,000, that means she is accruing $2,000/month of failure-to-pay penalty until her installment agreement is accepted, then reduced there-after.

Installment Agreements – An installment agreement is an option for those who cannot pay their entire tax bills by the due date. Penalties are reduced, although interest continues to accrue on the outstanding balance. In order to qualify for the new expanded streamlined installment agreement, a taxpayer must agree to monthly direct debit payments. Taxpayers seeking installment agreements exceeding $50,000 will still need to supply the IRS with a Collection Information Statement (Form 433-A or Form 433-F). Taxpayers may also pay down their balance due to $50,000 or less to take advantage of this payment option. The maximum term for streamlined installment agreements has also been raised to 72 months from the current 60-month maximum.Ten Tips for

General Tips for Taxpayers Who Owe Money to the IRS

  1. Tax bill payments If you get a bill this summer for late taxes, you are expected to promptly pay the tax owed including any penalties and interest. If you are unable to pay the amount due, it is often in your best interest to get a loan to pay the bill in full rather than to make installment payments to the IRS.
  2. Additional time to pay based on your circumstances, you may be granted a short additional time to pay your tax in full. A brief additional amount of time to pay can be requested through the Online Payment Agreement application at www.irs.gov or by calling 800-829-1040.
  3. Credit card payments You can pay your bill with a credit card. The interest rate on a credit card may be lower than the combination of interest and penalties imposed by the Internal Revenue Code. To pay by credit card contact one of the following processing companies: Link2Gov at 888-PAY-1040 (or www.pay1040.com), RBS WorldPay, Inc. at 888-9PAY-TAX (or www.payUSAtax.com), or Official Payments Corporation at 888-UPAY-TAX (or www.officialpayments.com/fed).
  4. Electronic Funds Transfer You can pay the balance by electronic funds transfer, check, money order, cashier’s check or cash. To pay using electronic funds transfer, use the Electronic Federal Tax Payment System by either calling 800-555-4477 or using the online access at www.eftps.gov.
  5. Installment Agreement You may request an installment agreement if you cannot pay the liability in full. This is an agreement between you and the IRS to pay the amount due in monthly installment payments. You must first file all required returns and be current with estimated tax payments.
  6. Online Payment AgreementIf you owe $25,000 or less in combined tax, penalties and interest, you can request an installment agreement using the Online Payment Agreement application at www.irs.gov.
  7. Form 9465You can complete and mail an IRS Form 9465, Installment Agreement Request, along with your bill in the envelope you received from the IRS. The IRS will inform you (usually within 30 days) whether your request is approved, denied, or if additional information is needed.
  8. Collection Information Statement You may still qualify for an installment agreement if you owe more than $25,000, but you are required to complete a Form 433F, Collection Information Statement, before the IRS will consider an installment agreement.
  9. User fees If an installment agreement is approved, a one-time user fee will be charged. The user fee for a new agreement is $105 or $52 for agreements where payments are deducted directly from your bank account. For eligible individuals with lower incomes, the fee can be reduced to $43.
  10. Check withholding Taxpayers who have a balance due may want to consider changing their W-4, Employee’s Withholding Allowance Certificate, with their employer. A withholding calculator at www.irs.gov can help taxpayers determine the amount that should be withheld.

More info about Iggy’s Tax Troubles

Call Mr. Smart Tax, Inc. if you need help with IRS tax debt relief.  (800) 425-0570

 

LLC vs S Corporation – What’s the difference?

 

scorp llc door

Most every business start-up has come across the question “LLC or S corporation?”.

While this is a very common question, the response is often different depending on who you are talking to.

It should be noted that an LLC might work for some while an S corporation could be better for others – there is no “one size fits all” approach to entity selection.

In short, here are a few pro’s and con’s for the LLC and S Corporation entity structure:

 

LLC –

  • PRO – Divide profit as members see fit
  • CON – Passthrough income subject to self-employment tax if member has personal liability for debts of LLC or actively participates in trade or business of LLC

S Corporation –

  • PRO – Passthrough income is not subject to self-employment tax. Only employee-shareholder “reasonable compensation” subject to payroll taxes.
  • CON – Only issue single type of stock and must distribute profit based on percentage of stocked owned

Of course there are many more pro’s and con’s for each entity selection – feel free to call us with any questions and will be happy to discuss more (800) 425-0570.

For more related information visit the following links:

http://tiny.cc/xjz22x   IRS: Partners’ Share Of LLC Income Is Subject to Self-Employment Tax

http://tiny.cc/smz22x  5 Common Objections to Forming a Corporation or an LLC

 

 

TAX DUE DATE – Business & Trust/Estate Taxes – September 15th, 2015 – Are you ready?

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September 15, 2015 – This is the last day to file a 2014 calendar year income tax return for your:

  • Corporation
  • Partnership
  • Trust/Estate

Be aware – This due date applies only if you timely requested a 6-month or 5-month extension. If you did not file an extension then there is even more urgency to file your tax return as soon as possible – expect penalties and interest if this is the case, but contact us immediately and let’s get those penalties abated!

Also, you must deposit the third installment of estimated income tax for 2015.

If you need help filing or have questions, feel free to call us today for a FREE initial consultation (800) 425-0570 or email questions to Contact@MrSmartTax.com

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Thoughts on government #Tax

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Mark Twain quotes on government click here

September 17th 6pm-8:30pm Personal Finance and Money Management

personal-financeMr. Smart Tax, Inc. will be presenting an exciting course on the basics of personal finance and managing your money. Learn how to take control of your money and strengthen your financial health whether you are starting out on your own, starting to invest or getting ready for retirement. Call to register today (800) 425-0570 or register online here

Date/Time: September 17th 6pm-8:30pm  (networking & refreshments 6pm-6:30pm; presentation 6:30pm-8:30pm)

Location: Mr. Smart Tax, Inc.
4590 MacArthur Blvd., 5th Floor
Newport Beach, CA 92660