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Wednesday, June 26, 2013

When is a W2 required for household employee?

Q. I've read several discussions on this site, but I am still confused. Assume a household nanny works in New York for less than a calendar quarter and makes about $700-800. As an employer, I do not need to withhold SS or FICA. I also do not need to pay FUTA. However, I do need to pay NY state unemployment taxes. At the end of the year, what do I provide the nanny? I know do not provide a W2 because I did not withhold SS or FICA. I also know I do not provide a 1099 as the nanny does not qualify as an independent contractor. Since the nanny's wages were reported to NYS, I assume I need to provide the nanny some type of report regarding the nanny's wages. So what should I do?

A.1:Correct; as long as your household worker is an EE, then you, as the ER, may be required to comply with various payroll tax requirements. For the year 2012, one important threshold amount is $1,800. If you paid your EE, this amount or more during the year, you are generally required to 

pay social security taxes on your worker’s behalf. The FUTA states that you must pay the federal government 6 percent (actually 0.8% if you pay by April 15 of the following year.)of the nanny's first $7K of earnings. if you pay at least $1K in any quarter of the current calendar year or the preceding year.

Read more: http://www.asktaxguru.com/8131-when-is-a-w2-required-household-employee.html

Tuesday, June 25, 2013

Closing date to Report Foreign Bank Accounts-June 30th 2013!

Individuals and businesses having a bank account or any other type of financial account with a bank or financial institution outside the United States need to file a special report with the U.S. Treasury Department if the aggregate balance of all accounts is at least $ 10,000 at any time
throughout the year.

The report which is called Report of Foreign Bank and Financial Accounts (FBAR), is due on or before June 30th 2013 to disclose the account holdings for the year 2012.

As this time June 30th is a Sunday, make sure you submit your FBAR ahead of the deadline ,so that the document is received at the Detroit FBAR processing center. Using a delivery provider which provides timely delivery with return receipt service should be preferred to ensure that it
has reached the office.

If you wish to use the United States Postal Service then you can mail it to the below address:

Source: http://www.asktaxguru.com/8122-closing-date-report-foreign-bank-accounts-june.html

If a person has multiple accounts each with less than $10,000, does he have to file a FBAR?

Let us suppose, that a US person owns foreign financial accounts A, B and C with account balances of $3,000, $1,000 and $8,000, respectively. 

Would that person have to file an FBAR and if so, which accounts must be listed on the FBAR?

Source: http://www.asktaxguru.com/8124-if-person-has-multiple-accounts-each-less.html

What are the exceptions for filing a FBAR (Foreign Bank and Financial Accounts) Form?

As Per the IRS, "there are filing exceptions for the following United States persons or foreign financial accounts:
  1. Certain foreign financial accounts jointly owned by spouses;
  2. United States persons included in a consolidated FBAR;
  3. Correspondent/nostro accounts;
  4. Foreign financial accounts owned by a governmental entity;
  5. Foreign financial accounts owned by an international financial institution;

Tuesday, June 18, 2013

Roth IRA early withdrawal penalty? - Asktaxguru

Q. I made an early withdrawal from my Roth IRA this year to meet some emergency expenses, but I do not qualify for an exception. So I'll have to pay 10% penalty on the amount I've withdrawn, which would be close to $1000.

However, I'm wondering if IRS will consider this $1000 as an underpayment for the year 2013, and charge me with additional penalties. In other words, if I owe more than $1000 in penalties and taxes, will there be a penalty for underpayment or should I pay estimated taxes? For example, if I owe $900 penalty for early withdrawal + $400 in taxes for 2013.

A. 1:It depends; IN GENERAL, unless an exception applies( as you said this is not your case), most distributions from a R-IRA before the owner reaches age 59 1/2 will be subject to an early withdrawal penalty of 10% on the amount of the distribution. Please do not confuse the early withdrawal penalty with the taxes imposed on a non-qualified distribution. A non-qualified distribution imposes an ordinary income tax on the distribution, but the early withdrawal penalty will be imposed in addition to that tax. For example, say Tom, age 35, made a R- IRA contribution of $5K in 2011. In 2013, his R-IRA has a balance of $6.5K .He decides to close/withdraw his R-IRA in a non-qualified distribution that year. Since the distribution is non-qualified, Tom will owe taxes on his Roth earnings of $1.5K(no tax imposed on the non-deductible contribution of $5K), and will pay tax on this amount at his marginal tax rate. In addition, since the distribution took place before Tom reached age 59 1/2, and since Tom did not meet any of the exceptions, Tom will also be assessed a 10% early withdrawal penalty on the earnings. If we assume that Tom is in the 28% marginal tax bracket, he will pay $420 in tax on the earnings, and will pay a penalty in the amount of $150 on the early distribution. This is a very steep price to pay.

2:As said, it depends. IN GEENRAL, unqualified IRA distributions are taxed as ordinary income, so the rate you'll pay depends on which tax bracket you fall in. In addition to the income taxes, you'll also owe an early withdrawal penalty on the taxable portion of the distribution unless an exception applies; First you withdraw your contributions tax-free, then, any earnings are taxable. For example, say you've made $20K in contributions and your R-IRA is worth $30K. If you take an early distribution of only $10K(up to $20K), it all comes out of contributions so you don't owe any taxes or penalties. However, a significant withdrawal exceeding $20K equals a significant increase in taxes and you may incur additional penalties if you do not account for this income by filing estimated tax payments. If your current estimated tax payments for this year will total 100 percent or more of your tax bill for last year, you qualify for the safe harbor provision and you do not have to make estimated payments or adjust your withholding. However, if your tax bill increases significantly due to your IRA withdrawal you may want to pay ahead so you don't have an excessively large bill next April. If you are nearing the end of the year, or already withholding the maximum, estimated payments can fill in the gap.If you are self-employed (even an EE who participates in an employer-sponsored 401k plan may also own a R-IRA too. She funds her R-IRA with after-tax dollars, and the earnings on her Roth account are tax-free; if an ER contributes to her R-IRA directly the ER must report it as income to you. Since it is income they must also report it to uncle sam as taxable income and the ER will have to pay payroll taxes on the contribution. )or choose to make estimated payments, you need to make a payment on the due date following your IRA withdrawal.

Source: http://www.asktaxguru.com/8098-roth-ira-early-withdrawal-penalty.html

Friday, June 07, 2013

Tax filing and payment instruction for Counties affected by Oklahoma Tornado

The IRS has announced relief from filing and payment deadlines for victims of the destructive tornadoes in Oklahoma. The relief applies to filing and payment deadlines which began on May 18 and has been extended till Sept 30. 

The list includes:


  1. June 17 and Sept. 16 deadlines for estimated tax payments.
  2. July 31 deadline for second quarter payroll and excise tax returns.
  3. Sept. 3 deadline for truckers’ highway use tax returns.


Because the tornado’s damage was so widespread, the relief has now been granted for individuals and businesses in Lincoln, McClain, Cleveland,Oklahoma & Pottawatomie counties in Oklahoma.

Source: http://www.asktaxguru.com/8079-tax-filing-payment-instruction-counties-affected-oklahoma.html
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