Archive for February, 2007

ARE YOUR SOCIAL SECURITY BENEFITS TAXABLE?

Issue Number:   TT-2007-30

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ARE YOUR SOCIAL SECURITY BENEFITS TAXABLE?

How much, if any, of your social security benefits are taxable depends on your total income and marital status. Generally, if social security benefits were your only income, your benefits are not taxable and you probably do not need to file a federal income tax return

If you received income from other sources, your benefits will not be taxed unless your modified adjusted gross income is more than the base amount for your filing status. Your taxable benefits and modified adjusted gross income are figured in a worksheet in the Form 1040A or Form 1040 Instruction booklet.

Before you go to the instruction book, do the following quick computation to determine whether some of your benefits may be taxable:

  • First, add one–half of the total social security you received to all your other income, including any tax exempt interest and other exclusions from income 
  • Then, compare this total to the base amount for your filing status.

The 2006 base amounts are:

  • $32,000 for married couples filing jointly 
  • $25,000 for single, head of household, qualifying widow/widower with a dependent child, or married individuals filing separately who did not live with their spouses at any time during the year
  • $0 for married persons filing separately who lived together during the year

For additional information on the taxability of social security benefits, see IRS Publication 915, Social Security and Equivalent Railroad Retirement Benefits. Publication 915 is available on the IRS Web site at IRS.gov or by calling 800-TAX-FORM (800-829-3676).

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FTB’s filing enforcement program in full swing

In January’s issue, we reported on the kickoff of our 2007 filing enforcement program for the 2005 tax year (Tax News: “Nonfiler notices mailed in December”). In late December we mailed the first 80,000 of approximately 800,000 Request or Demand for Tax Returnnotices to persons we believe should have filed personal income tax returns for tax year 2005. The notices are based on information reported to FTB by many sources. See the January article for a partial listing of sources. We will continue mailing the remainder of the Request, or Demand for Tax Return notices through May 2007.

For more information go to: http://www.ftb.ca.gov/professionals/taxnews/2007/0207/0207_6.html

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WHAT INCOME IS TAXABLE? NONTAXABLE?

Issue Number:   TT-2007-29

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WHAT INCOME IS TAXABLE? NONTAXABLE?

Generally, most income you receive is taxable. But there are some situations when certain types of income are partially taxed or not taxed at all. A complete list is available in IRS Publication 525, Taxable and Nontaxable Income.

Some common examples of items that are not included in your income are:

  • Adoption Expense Reimbursements for qualifying expenses
  • Child support payments
  • Gifts, bequests and inheritances
  • Workers’ compensation benefits
  • Meals and Lodging for the convenience of your employer
  • Compensatory Damages awarded for physical injury or physical sickness
  • Welfare Benefits
  • Cash Rebates from a dealer or manufacturer
  • Tax Exempt Interest from municipal bonds and tax exempt bond mutual funds.  Although this interest is not taxable it must be reported on line 8b of Form 1040 or 1040A.

Examples of items that may or may not be included in your income are:

  • Life Insurance If you surrender a life insurance policy for cash, you must include in income any proceeds that are more than the cost of the life insurance policy. Life insurance proceeds paid to you because of the death of the insured person are not taxable unless the policy was turned over to you for a price.
  • Scholarship or Fellowship Grant. If you are a candidate for a degree, you can exclude amounts you receive as a qualified scholarship or fellowship. Amounts used for room and board do not qualify.

These examples are not all-inclusive. For more information, visit the IRS Web site at IRS.gov to view or download Publication 525 from the Forms and Publications section or call 800-TAX-FORM (800-829-3676).

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More Direct Deposit Options- Split Your Refund

Issue Number:   TT-2007-28

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More Direct Deposit Options- Split Your Refund

Starting in 2007, taxpayers have more choices and flexibility for the direct deposit of 2006 federal income tax refunds. For the first time, taxpayers can split refunds among up to three accounts held by as many as three different U.S. financial institutions, such as banks, mutual funds, brokerage firms or credit unions.

The split-refund option is available to taxpayers who choose direct deposit regardless of whether they filed the original returns on paper or in electronic format using Form 1040, 1040A, 1040EZ, 1040-PR, 1040NR, 1040NR-EZ or 1040-SS. However, taxpayers filing Form 1040-EZ-T, Request for Refund of Federal Telephone Excise Tax, or Form 8379, Injured Spouse Allocation, cannot opt to split their refund.

To split direct-deposit refunds among two or three accounts or financial institutions, taxpayers should complete new Form 8888, Direct Deposit of Refund to More Than One Account. Taxpayers can continue, though, to use the direct deposit line on Form 1040 to electronically send their refunds to one account.

The IRS will electronically deposit refunds to taxpayers’ accounts held by a U.S. financial institution, providing that an accurate account number and American Bankers Association (ABA) routing number is supplied and the financial institution accepts direct deposits for the type of accounts designated. Taxpayers should verify routing and account numbers with their financial institutions. IRS assumes no responsibility for taxpayer or preparer error.

Note that taxpayers can do things much faster electronically than by paper. For those filing their taxes electronically, the refund is deposited in their account within two weeks. A paper check refund takes three weeks.  Those filing taxes on paper, the process is longer. They get their direct deposit refund within four to six weeks or paper checks within six weeks.  

By using the IRS’ popular Where’s My Refund? Feature, taxpayers can track their refunds. Taxpayers can access Where’s My Refund? online at IRS.gov or by calling 800-829-1954.      

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CAN YOU USE SCHEDULE C-EZ?

Issue Number:   IR-2007-27

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CAN YOU USE SCHEDULE C-EZ?

Your business may be eligible to use the abbreviated Schedule C-EZ instead of the longer Schedule C when reporting business profit and loss on your 2006 Form 1040 federal income tax return. The maximum deductible business expense threshold for filing Schedule C-EZ is $5,000.

Schedule C-EZ, Net Profit from Business (Sole Proprietorship), is the simplified version of Schedule C, Profit or Loss from Business (Sole Proprietorship).

Schedule C-EZ:

  • Has an instruction page and a one-page form with three short parts — General Information, Figure Your Net Profit, and Information on Your Vehicle.
  • Includes a simple worksheet for figuring the amount of deductible expenses. If that amount does not exceed $5,000, and if your business did not have a net loss, you should be able to use the C-EZ instead of Schedule C.

Schedule C:

  • Is two pages long and is divided into five parts — Income, Expenses, Cost of Goods Sold, Information on Your Vehicle, and Other Expenses.
  • Requires more detailed information than the C-EZ. The instruction package is nine pages long.
  • Must be used when deductible business expenses exceed $5,000 and/or when a business has a net loss.      

Using Schedule C-EZ can save time and money and reduce paperwork burden for newly-eligible businesses.  More information about Schedule C-EZ and reporting net profit for sole proprietorships can be found on the IRS Web site at IRS.gov.

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Tax liens: Collection Due Process hearing: Abuse of discretion:

Letha Rupert, Plaintiff v. United States of America, Defendant.

U.S. District Court, Dist. Ida.; CV 04-446-S-MHW, February 3, 2006.

[ Code Sec. 6330]

Tax liens: Collection Due Process hearing: Abuse of discretion: IRS officer: Balancing test analysis: Installment agreement: Employment tax liability. –

An IRS Appeals officer’s refusal to enter into an installment agreement with an individual and her decision to uphold an IRS proposed collection action did not constitute an abuse of discretion. The taxpayer did not suffer undue hardshipNext Term as a result of a lien and levy. The officer considered the taxpayer’s arguments and properly balanced the interest of pursuing the least intrusive method of collection with the need to efficiently administer the tax laws in the collection of revenue and found that the tax lien against the taxpayer’s accounts was the proper collection method. Further, the IRS’s refusal to enter into an installment agreement with the taxpayer was not erroneous because the taxpayer had not made her estimated tax payments for two years. Finally, the court lacked jurisdiction to consider her allegations that the IRS lien unjustifiably slandered her credit and precluded her from operating her business because these issues had not been raised at her Collection Due Process hearing. 

Case at:  http://www.taxsos.com/collectiondueprocesscases.htm

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CHANGES TO TAX LAWS IN 2006

Issue Number:   TT-2007-26


 

Taxpayers should be aware of important changes to the tax law before they complete their 2006 federal income tax forms.  Here are some changes that may affect your return.

  • New energy-saving tax credits.  A ten percent credit can now be claimed for various energy-saving improvements made to the taxpayer’s main residence. There is also a thirty percent credit for the cost of energy-saving property such as photovoltaic cells.  
  • Expanded tax savings for retirement plans.  401(k) and 403(b) plans can now create a qualified Roth contribution program. 
  • Retirement contributions from tax free combat pay. Military members serving in Iraq, Afghanistan and other combat zone localities can now count tax-free combat pay when figuring how much to contribute to a Roth or traditional IRA.
  • Military reservists not subject to early distribution tax. Reservists called to active duty can now receive payments from retirement plans without being subject to the ten percent early-distribution tax.
  • New rules on donations to charity. To be deductible, clothing and household items donated to charity after Aug. 17, 2006, must be in good used condition or better. 
  • Tax free transfers from IRA’s to charity.  An IRA holder, age 70 ½ or over, can directly transfer tax-free, up to $100,000 per year to an eligible charity. This option is available in tax years 2006 and 2007.
  • “Kiddie” Tax Age Change. Children under 18 with taxable investment income may need to pay at their parents’ higher marginal rates. Before, so-called “kiddie” tax applied only to children under 14.

Also new this year, two changes may affect the amount of your refund or the way in which you choose to receive your refund.

  • Telephone Excise Tax Refund. Individual taxpayers will be able to request a refund if they paid the federal excise tax on long-distance or bundled service.
  • New Split Refund Option. Taxpayers now can split their refunds among up to three accounts held by up to three U.S. financial institutions, such as banks, mutual funds, brokerage firms or credit unions.

For more information, visit the IRS Web site at IRS.gov. Also, see Publication 553, Highlights of 2006 Tax Changes, and the instruction book for Form 1040.

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Use EFTPS to Pay Your Taxes Electronically

 

IRS TAX TIP 2007-21

If you are going to owe taxes when you file your federal tax return, consider paying through the Electronic Federal Tax Payment System. EFTPS is a fast, easy, convenient and secure service provided free by the Department of Treasury.

  • EFTPS is available to both individual and business taxpayers. With EFTPS, you can pay all your federal tax payments through the internet or by telephone. These payments include corporate, excise and employment taxes as well as your 1040 quarterly estimated tax payments.
  • EFTPS is convenient and flexible. It allows individual taxpayers to schedule payments up to 365 days—and businesses up to 120 days—in advance of the payment due date. With the ability to schedule payments in advance, you can avoid missing deadlines and incurring penalties. Scheduled payments can be cancelled up to 48 hours before the scheduled payment due date.
  • EFTPS is available around-the clock. The electronic payment system and a live Customer Service representative are available 24 hours a day, 7 days a week. Other features include an immediate, printable acknowledgement number which acts as a receipt for your payment. 

After you enroll in EFTPS, you will receive a confirmation package by mail. In a separate mailing you will receive an EFTPS Personal Identification Number (PIN) with instructions for activating your enrollment. Employers who apply for and receive a new Employer Identification Number and have a federal tax obligation are automatically enrolled in EFTPS Express Enrollment to make their Federal Tax Deposits. 

For more information you can visit IRS.gov. Click on the e-file logo and look for “Electronic Payment Options” and the EFTPS logo. To enroll, visit EFTPS.gov or call EFTPS Customer Service at 800-555-4477.

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Check Out Free File

 
 

IRS TAX TIP 2007-20

If you have access to a computer and the Internet you may be eligible to prepare and file your 2006 federal tax return electronically—for free.  Free File is an easy way to file your taxes and get your refund in half the time.

The IRS and the Free File Alliance, a private-sector consortium of tax software companies, continue their partnership to help taxpayers electronically prepare and file their federal tax returns for free.  Free File made its debut during the 2003 filing season as a way to provide free services to moderate and low-income taxpayers.  For the 2007 filing season 95 million taxpayers will be eligible for these free tax services. 

Taxpayers access Free File through the IRS Web site at IRS.gov. Each company sets its own criteria for free usage. The criteria varies but often is based on income, state residency and age. 

Filing electronically is fast, accurate and secure.  Last year more than half of all taxpayers filed their tax returns electronically including 3.9 million who used Free File through the IRS website. The benefits of using Free File are identical to those of e-filing, which include:

  • Reduced tax return preparation time
  • Faster refunds
  • Accuracy of return
  • Acknowledgement of return receipt

For more information on Free File, check out the IRS Web site at IRS.gov.

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Receive Your Refund Faster with Direct Deposit

 
 
IRS TAX TIP 2007-19

Want your refund faster? Have it deposited directly into your bank account. More taxpayers are choosing direct deposit as the way to receive their federal tax refunds.
 
You can also electronically direct your refund to multiple accounts. With the new “split refund” option, taxpayers can divide their refunds among as many as three checking or savings accounts and three different U.S. financial institutions. The split refund option, using Form 8888, is also available for paper returns. 

Last year, about 56.7 million people had their tax refunds deposited directly into their bank accounts. It’s a secure and convenient way to get your money in your pocket faster.

• Security. The payment is secure — there is no check to get lost. Each year thousands of refund checks are returned by the US Post Office to the IRS as undeliverable mail.  Direct deposit eliminates undeliverable mail and is also the best way to guard against having a tax refund stolen.

• Convenience. There’s no special trip to the bank to deposit a check!

To request direct deposit, follow the instructions for “Refund” on your tax return.

Want an even faster refund? Try e-file! Taxpayers who file electronically get their refunds in about half the time as those who file paper returns.

A word of caution — some financial institutions do not allow a joint refund to be deposited into an individual account. Check with your bank or other financial institution to make sure your direct deposit will be accepted. Also, make sure you have the correct nine-digit routing number and your account number when selecting direct deposit.

For more information about direct deposit of your tax refund and the split refund option, check the instructions for your tax form. This and other helpful tips are available in IRS Publication 17, Your Federal Income Tax. To get a copy, visit the Forms and Publications section of the IRS Web site, IRS.gov, or call 800-TAX-FORM (800-829-3676).
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