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Thursday, November 28, 2013

Mutual fund

I bought a mutual fund on 5/8/2013 for $100,000. The mutual fund paid dividend/capital gain since then so my account value is $110,000 now.

If I sell $100,000 (The original amount that I put in) on 1/1/2014, will I have to pay capital gain tax in 2014?

My guess is no since I withdrew only the principal amount that I put in.

Am I correct?

Answer :

You need to start with Form 1099-B. Anytime you sell a mutual fund, you will receive a 1099-B at year's end(in this case at year of 2014’s end) outlining the sales proceeds for each transaction. Your first step is to match the proceeds from any sales with the respective purchase price.As you sell it for $100K, then, there is no gain/loss on the sale of the mutual fund.However, because a mutual fund actually holds the underlying securities in its name, the mutual fund pays several types of dividends and distributions that the mutual fund has received on the underlying securities. You must report all mutual fund dividends and distributions, including dividends reinvested in the mutual fund, on your tax return. Your mutual fund will send you Form 1099-DIV. Your mutual fund will also send you instructions on where to enter the tax information from the Form 1099-DIV onto your tax return. The ordinary dividends from a mutual fund are entered on Form 1040, Schedule B, Line 5. This figure is then carried to Form 1040, Line 9.

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RMD when filing Jointly

My wife and I file our income tax jointly. She reaches 70 and 1/2 this year, and I won't for another year. She has an IRA account with about $50K in it, and I have two totalling about $250K. When she reaches 70 and 1/2 this year, can she just pay her RMD on her $50K account, or does filing "jointly" somehow mean we need to pay the RMD on our entire IRA totals?? (Obviously next year when I hit 70 and 1/2, we would both pay on the entire amounts.)

Answer :

They are separate. Each person has to take her RMD from her own IRA. Filing a joint return does not change that. A distribution from the spouse's IRA cannot be used to satisfy the husband's RMD. So, each spouse is responsible for making a RMD withdrawal based on his or her own individual tax-deferred retirement savings account (i..e., IRA and 401(k) plan) balances. Just as these accounts have been funded separately over a couple's working years, the individual balances of a husband and wife must be handled separately for the purposes of an RMD withdrawal calculation.

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Allocating S Corp shares to a new member

1 : My s corp is 5 yr old small business with 2M revenue. Me and my wife are currently holding 50/50 shares. We would like to invite one of our employees into the managing board of directors by offering 30% share. What is the best way to do this? Do we have to sell our 15% portion at a price ? 

2 : How the share value is calculated ? Can we offer these shares as a bonus or a pay ? 

3 : Will the new person need to pay tax when she receives the shares of S corp on paper ?

Answer :

1 : I guess the first thing you need to do is contact your attorney & your CPA/ an IRS EA;the sale of the shares in your S corp will require the corp sec to issue a new stock certificate to the new owner & cancel the old one.When preparing the S corp tax return, the transfer of interest will consist of the income being allocated on the k-1. The corporation files an 1120S with the appropriate K-1 forms to report the net profit and/or loss to the shareholders during the year. If you sell your shares in mid-year you and the other shareholder will EACH receive a K-1 reporting your respective shares of net profits (or losses) for the year. There are two different ways to do this, so consult a CPA or IRSEA familiar with "S" taxes, ~~~before~~~ you go to the attorney to draw up the sales agreement, as it should be stipulated in the documents how this get handled.

NOTE : an owner of an S-corp might wear two hats. One is as the owner of the business, entitled to receive a share of the net profits of the business. Oftentimes, the owner will also work for the business, and thus be an employee of the firm. Thus an owner-employee of an S-corp can receive two different types of income: net profits (or losses) and salary income. Assume that , In 2012, the corp shows net income of $300K as wages, paid to you as salary and bonus. Instead, you could pay yourself $210K salary($300K-$90K(30% of the net profit was sold to the employee), then you need to pay your Soc Sec taxes on $210K as employees/owners as long as you can demonstrate that's comparable to other top executives' earnings at similar companies. The remaining $90K balance ($300K minus $210K)sold to the EE is taxable to the EE as corporate earnings on his tax return. By shifting the $90K from earned to unearned income, you would save $9,360 for FICA tax and $2670 in Medicare tax, assessed at 2.9 percent for employer and employee.However, profit distributions are not subject to FICA payroll taxes; they are subject only to the shareholder's income tax rate. So all things considered, you, as the shareholders-employees, will have a strong preference to pay yourselves a minimal salary and thereby increase the profit distribution on your Sch K-1 of 1120S..

2 : As mentioned above.I guess you need to contact yur CPA/ IRS EA for more accurte info in detail.

3 : An S corp operates a pass-through entity, meaning all corporate income and deduction items pass through to shareholders, who then report those amounts on their personal returns. He owes personal income tax on his share of S corp profits. So as long as you run your business as an S corp, you may consider giving away some shares to low-bracket relatives, including your children, who'll owe less income tax. Share giveaways also can reduce your payroll and estate taxes.

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November 30 Is Small Business Saturday

Small businesses are the engine that drives America's economy. While everyone will be out and about looking for bargains this weekend it is a good idea to support America's Small Businesses. Visit your local small businesses and support the American economy.

Click on NOVEMBER 30 IS SMALL BUSINESS SATURDAY for additional tips and ideas to support your local Small Business.

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Reporting Home Sale (Qualified Extended Duty and Rental)

My wife and I sold a house in June 2013. The home was purchased in 2000 and we lived in it for 2.5 years until 2003. From 2003 to present we have been on qualified extended duty for the U.S. Government. Likewise, the property has been rented out since we departed. It was depreciated using the 27.5 year straight line method.

At the sale, I was asked if the property had ever been used for income. Answering affirmatively, I subsequently received a 1099-S. My question concerns properly reporting the sale because I received the 1099-S. It should reflect that I do not owe capital gains tax (the gain was less than $500K) and I met the 2 out of 5 year rule due to the qualified extended duty. I do need to pay the depreciation recapture.

I suspect I need to fill out some variation of form 4797 or 8949. How do I do this correctly to reflect no capital gains tax and correct depreciation recapture?

Answer :

Recapture involves taking the prior depreciation deductions back into income, and it occurs at the sale of a property.As you said, as your pty was rented out before you sold it, you need to recapture unrecaptured depre (it is neither Sec 1245 nor sea 1250 depre) as ordinary income taxed at 25%UNLESS your marginal tax rate is lower than 25% when you dispose of the pty; tax rules authorized an exclusion only for the portion of the profit attributable to the residence part, prohibiting any exclusion for profit on the rental part. Recaptured depreciation is taxed at a maximum rate of 25 percent instead of the top rate of 15 percent for long-term capital gains, plus applicable state income taxes. You need to report this recaptured amount on Sch D of 1040/ form 8949, not Form 4797 . On the plus side, you suffer no recapture of other expenses, such as real estate taxes and mortgage interest.

To qualify for relief from recapture, you have to show by “adequate records or other evidence” (usually, past returns should be sufficient) “that the depre deduction allowed was less than the amount allowable.” Then the amount that “you cannot exclude is the amount allowed.To illustrate, assume that your rental home qualified you to claim depreciation, but you can show that you never claimed any. Then there is no reduction of the exclusion amount and no recapture.

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Claiming Son now out of state

My son Graduated May of 2013 then moved out of state late June for college for school year 13-14. His residence is now the other state he moved to in the attempt to have his second year of college "instate" tuition. If I claim him for tax year of 2013 (since I took care of him for more than half the year) will that hurt his chance for his second year being the in-state tuition. And I know this will be that last year I can claim him.

Answer :

As long as your child is a student and attends school in another state, you still may claim your child as a dependent on your taxes as a full year resident of the home state. Your child must list your residence as his permanent residence with the school, with your child's residence while attending school listed as his temporary residence. Your son can claim full-time residency in two states at the same time, but it should be avoided. If he, as a taxpayer, tries to claim dual residency then he will be overcharged by the states. A taxpayer can be a part-time resident in one state and a full-time resident in another at the same time, according to the IRS. It is recommended that for tax purposes that one state be considered a domicile. As long as you meet conditions/requirements, you still may claim your child as your dependent even if your son is living out of state for schooling.You may claim him as qualifying relative, NOT as a qualifying child.

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General Scenario - New LLC in VA

Hi All - I'm a new Virginia LLC start up and have a few questions as I work to understand how I'll be taxed.

Scenario : 

Our year end profit is $100,000. 

A : As a single member LLC is the total $100,000 taxed as income for the owner?

B : Federal income tax rate schedule tax is $17,891.25 + 28% of the amount over 87850. Does this mean that I'm left with $78707 after deducting 21293 (17871+3406)?

C : 15.3% FICA tax includes SS and Medicare Employee and Employer Contributions. Do I deduct another $15,300 for this leaving me with $63,407 in net income?

D : Do I also pay PUTA and SUTA? 

E : What about state taxes? 

F : Is there anything that can be done to reduce tax liability?

G : What's the difference between start-up expenses and write offs once you're already in business?

Answer :

Our year end profit is $100,000. 

A : Yes; as you can see, as an SMLLC owner, just like a sole proprietor, you need to report your net profit on Shc C/SCh SE and on line 12 of 1040. Your entity is an SMLLC, NOT a MMLLC. If your SMLLC does not elect to be treated as a cop , either an S Corp or a C Corp, then, the LLC is a “disregarded entity,” and the LLC’s activities should be reflected on its owner’s federal tax return.

B : Federal income tax rate schedule tax is $17,891.25 + 28% of the amount over 87850. Does this mean that I'm left with $78707 after deducting 21293 (17871+3406)?”=No.As a SMLLC , owner, as long as the amount on Sch SE in 2/ 3 is $400 or exceeds $400, then you need to pay SECA tax to the IRS. You usually file your tax as a self employer as long as the amount on Sch S line 29/ 31 is also $400 or exceeds $400. You can deduct 50% of your SECA tax that you pay to the IRS on your 1040.ALSO, as you are filing as a sole proprietor and/or a self-employed individual, you generally have to make estimated tax payments if you expect to owe tax of $1K or more when you file your return; however, you do not have to pay estimated tax for the current year if you had no tax liability for the prior year ; you were a U.S. Citizen or resident for the whole year ; your prior tax year covered a 12 month period.

C : No, NOT $15,300.You, as a self employed, need to pay SECA tax as mentioned previously; Seca tax is a tax consisting of Social Security and Medicare taxes primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners.. For self-employment income earned in 2013, the self-employment tax rate is 15.3%. The rate consists of two parts: 12.4% of social security (old-age, survivors, and disability insurance) and 2.9% for Medicare (hospital insurance). you need to follow instructions on Sch SE for sure.

D : .UNLESS you have an EE, no

E : Yes; you may have to pay quarterly estimated taxes to your state as well as long as you do not have to pay estimated tax for the current year if you had no tax liability for the prior year ; you were a U.S. Citizen or resident for the whole year ; your prior tax year covered a 12 month period.

F : basically, being self employed, you can lower your self-employment, federal and state tax by claiming expenses. Any expenses that you list must have supporting documentation such as cancelled checks, cash receipts, invoices and credit card receipts. The expenses must be for the business that you run, not personal. Such expenses could be office supplies, licenses, taxes and car expenses if they pertain to the business. as mentioned above, you need to take advantage of the self-employment deduction. You can claim 50% of your self-employment tax as a federal income tax deduction. While this does not actually reduce your self-employment taxes, it does reduce your overall tax burden.also you, as a self-employed individual, can also reduce tax liability through the details of a health insurance plan. Obviously you would not be receiving benefits from your employer and so you will be responsible for insuring your health needs. Health insurance premiums are legal deductibles. However, health insurance deductibles must not cost more than the income your business makes. Taking advantage of a retirement plan can also help you prevent high tax dues. This is quite complicated and so professional help must be consulted. You may also apply Sec 179 expensing/ bonus depre to accelerate your dapper exp so that you can reduce tax liability, too.

G: start up costs can be also write-off; There a number of small business tax write-offs offered by the IRS for startups. If you have a start-up business and want to save some money on your taxes, you should be familiar with these small business tax write-offs. Some of the most common small business tax write-offs that you can use when filing tax returns for your business are; Based on the rules and regulations set by the IRS, you are allowed to deduct up to $5k in start-up costs during your first year. If you fail to deduct the aforementioned costs, you may amortize the said amounts over a period of not more than 180 months beginning from the time when you started your business. Under the IRS rules, you can amortize expenses related to market research, business advertisements, legal matters, human resource training and other items directly associated with business development. The IRS is strict when it comes to the kind of expenses that you write off, so make sure that you follow the rules and regulations set for business-related expenses to avoid getting into trouble.

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