Author Archives: Ernie

Top Eight Tax Tips about Deducting Charitable Contributions (IRS)

When you give a gift to charity that helps the lives of others in need. It may also help you at tax time. You may be able to claim the gift as a deduction that may lower your tax. Here are eight tax tips you should know about deducting your gifts to charity:

1. Qualified Charities.  You must donate to a qualified charity if you want to deduct the gift. You can’t deduct gifts to individuals, political organizations or candidates. To check the status of a charity, use the IRSSelect Check tool.

2. Itemized Deduction.  To deduct your contributions, you must file Form 1040 and itemize deductions. File Schedule A, Itemized Deductions, with your federal tax return.

3. Benefit in Return.  If you get something in return for your donation, your deduction is limited. You can only deduct the amount of your gift that is more than the value of what you got in return. Examples of benefits include merchandise, meals, tickets to an event or other goods and services.

4. Donated Property.  If you gave property instead of cash, the deduction is usually that item’s fair market value. Fair market value is generally the price you would get if you sold the property on the open market.

5. Clothing and Household Items.  Used clothing and household items must be in at least good condition to be deductible in most cases. Special rules apply to cars, boats and other types of property donations. SeePublication 526, Charitable Contributions, for more on these rules.

6. Form 8283.  You must file Form 8283, Noncash Charitable Contributions, if your deduction for all noncash gifts is more than $500 for the year.

7. Records to Keep.  You must keep records to prove the amount of the contributions you made during the year. The kind of records you must keep depends on the amount and type of your donation. For example, you must have a written record of any cash you donate, regardless of the amount, in order to claim a deduction. For more about what records to keep refer toPublication 526.

8. Donations of $250 or More.  To claim a deduction for donated cash or goods of $250 or more, you must have a written statement from the charity. It must show the amount of the donation and a description of any property given. It must also say whether the organization provided any goods or services in exchange for the gift.

Key Points to Know about Early Retirement Distributions

Some people take an early withdrawal from their IRA or retirement plan. Doing so in many cases triggers an added tax on top of the income tax you may have to pay. Here are some key points you should know about taking an early distribution:

1.Early Withdrawals. An early withdrawal normally means taking the money out of your retirement plan before you reach age 59½.

2.Additional Tax. If you took an early withdrawal from a plan last year, you must report it to the IRS. You may have to pay income tax on the amount you took out. If it was an early withdrawal, you may have to pay an added 10 percent tax.

3.Nontaxable Withdrawals. The added 10 percent tax does not apply to nontaxable withdrawals. They include withdrawals of your cost to participate in the plan. Your cost includes contributions that you paid tax on before you put them into the plan.

A rollover is a type of nontaxable withdrawal. A rollover occurs when you take cash or other assets from one plan and contribute the amount to another plan. You normally have 60 days to complete a rollover to make it tax-free.

4.Check Exceptions. There are many exceptions to the additional 10 percent tax. Some of the rules for retirement plans are different from the rules for IRAs. See IRS.gov for details about these rules.

5.File Form 5329. If you made an early withdrawal last year, you may need to file a form with your federal tax return. See Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, for details.

6.Use IRS e-file. Early withdrawal rules can be complex. IRS e-file is easiest and most accurate way to file your tax return. The tax software that you use to e-file will pick the right tax forms, do the math and help you get the tax benefits you’re due. Don’t forget that with IRS Free File, you can e-file for free. Free File is only available through the IRS website at IRS.gov/freefile.

The Three Biggest Tax savings for Ministers (www.clergyadvantage.com)

There are pervasive misconceptions about ministers’ tax benefits that cost ministers year after year. Structuring a minister’s pay package most advantageously is best done on an individual basis since there are a number of factors that can impact those decisions. Proper tax planning for ministers isn’t a luxury, it’s a necessity. With that said, the three areas that are consistently “Big Tax Advantages” fall into categories of:

  • Housing Allowance
  • Clergy Advantage 403b or a Denominational Retirement Plan
  • Ministry Expenses & Accountable Reimbursement Plan

    The #1 area of tax neglect or misinformation that we routinely see is in the realm of ministers’ housing allowance. This is the greatest of the clergy tax benefits by most estimation. It offers a plethora of opportunities for tax savings now, and in the future through a proper retirement plan. Congress intends ministry professionals to exclude all expenses involved in providing and running a home. This is often a nebulous concept and many people are understandably confused about exactly expenses qualify. There are a lot of myths around the questions of when and how often to set your housing allowance designation; who sets it and what language to use in the document. Can it be reset throughout the year? What if I don’t spend it all or what if I spend more than my designation? These can be significant issues and need to be addressed accurately earlier than later.

    More than that, very few ministers are familiar with all of the strategies necessary to fully utilize this wonderful exclusion and when those opportunities can apply.
    There are scores of housing strategies ranging in complexity and based on individual circumstances. Knowing when and how to apply housing allowance options has huge ramifications for ministers; especially if you consider the amount at stake over the course of a ministry.

    For example, most ministers don’t know:

  • How high housing allowance should be set or what the real limitations are. There are no percentages or amounts that necessarily cause “red flags” as commonly believed.
  • What even qualifies as a housing expense.
  • That you can retain housing allowance benefits during retirement.
  • How to use Housing Allowance strategies in a retirement plan for a stream of tax-free income.
  • How to make new home down payments with housing allowance or even home improvements and spread them out over several years to ensure that every penny spent qualifies as deductible housing expense.

    Proper management of the mortgage, including extra principal payments, is also crucial to maxing out clergy housing allowance benefits. And the list goes on…For these and a host of other reasons it’s really important to find tax advisors proficient in these issues. Well-meaning and even very knowledgeable tax professionals are rarely versed well enough to do more than the very basic calculations and coaching.

    The 2nd critical area is using a Clergy Specific Retirement Plan with clergy- specific financial advice. This can only be fully accomplished with a Denominational Retirement plan or the Clergy Advantage 403b Plan for ministers. Pastors often miss out with common financial planning techniques, especially for retirement, when so much more is available to them. The Clergy Advantage 403b or a Denominational plan is the only retirement plan to provide ministers:

  • Growth on the principal to stay ahead of inflation with
  • A stream of tax-free income via the clergy housing allowance and
  • Contributions that reduce State, Federal and Social Security tax! This is

    the only way to offer tax savings in all three areas now and during retirement.

    The 403b results in an immediate tax savings of 35% for most ministers and is one of the few ways to reduce Social Security tax. In the tax world it doesn’t get any better than that!

    Caution: A secular 403b set up by a regular financial planner, not experienced with clergy tax issues, will not be able to provide tax free housing allowance exclusion when the money is withdrawn. Secular 403b retirement plans that hospitals and other non-profits use are completely different and should NOT be confused with the clergy-specific 403b.

    The 3rd area is the Accountable Reimbursement Plan. The theory with an accountable plan is to get reimbursed on all ministerial expenses on a tax-free fringe benefit basis. There are six huge advantages to this; perhaps the biggest is that it properly identifies a minister’s expenses as church business and NOT personal expenses. The icing on the cake is that, a minister with a properly set up accountable plan, will rarely get audited because expenses are deducted before we even file the tax return. An accountable plan allows ministers to avoid:

A 50% Business Meals and Entertainment (BME) loss right off the bat.

  •  Itemized Deduction Limitation Loss, especially if you rent or live in a parsonage.
  • Section 265 Proration Loss. The IRS prohibits the deduction of a portion of a ministers unreimbursed expenses incurred when there is tax-free income (i.e., housing allowance).
  • An Accountable Plan Clarifies and “Improves” Compensation

    A properly set up accountable plan for the average minister’s expenses usually results in a pay raise of $ 2000 to $8000 extra a year. There are four important but simple elements to a church’s Accountable Plan and it doesn’t cost the church any more, if set up properly; it’s the minister who ends up paying without such a plan.

    More importantly, there’s a definite correlation in the growth of churches and organizations that actively encourage ministry expense reimbursement. These expenses can include events, publications, periodicals, classes that foster personal/professional growth and much more.

    Certainly one of the most significant factors to corporate growth is entertainment either at home or in public. We all know the value of relationship building in church growth. Record keeping for home entertainment can be as simple as a kitchen calendar with peoples’ names with the function and estimates of expenses for refreshments and meals.

    An organizational system for ensuring easy or sure reimbursement for those ministry activities is a way of emphasizing the importance of new memberships and greater involvement in the church. Unfortunately, some ministers feel that they are putting a burden on the church or their pastorate if they don’t shoulder that expense themselves. This seriously limits those growth activities and puts an unfair strain on many ministry families.

    Unfortunately, we see about 90% of people getting it all wrong in one or more of these three important areas. That can really make the difference in a pastor’s overall financial picture.

    We’ve consulted with thousands over the years and continue to find that most ministers are still not getting accurate information about their tax situations. Consequently, we’ve developed free webinars and other resources to educate and inform pastors and their churches. Ministers are unique tax creatures, and their tax benefits can be truly amazing, if understood and applied properly.

 

By Steve Merriman, E.A

IRS Warns Tax Preparers to Watch out for New Phishing Scam; Don’t Click on Strange Emails or Links Seeking Updated Information

WASHINGTON — The Internal Revenue Service today warned return preparers and other tax professionals to be on guard against bogus emails making the rounds seeking updated personal or professional information that in reality are phishing schemes.
“I urge taxpayers to be wary of clicking on strange emails and websites,” said IRS Commissioner John Koskinen. “They may be scams to steal your personal information.”
Specifically, the bogus email asks tax professionals to update their IRS e-services portal information and Electronic Filing Identification Numbers (EFINs). The links that are provided in the bogus email to access IRS e-services appear to be a phishing scheme designed to capture your username and password. This email was not generated by the IRS e-services program. Disregard this email and do not click on the links provided.
Phishing made this year’s Dirty Dozen list of IRS tax scams. The full list is available on IRS.gov.
Phishing is a scam typically carried out with the help of unsolicited email or a fake website that poses as a legitimate site to lure in potential victims and prompt them to provide valuable personal and financial information. Armed with this information, a criminal can commit identity theft or financial theft.
If you receive an unsolicited email that appears to be from either the IRS or an organization closely linked to the IRS, such as the Electronic Federal Tax Payment System, report it by sending it to phishing@irs.gov.
In general, the IRS has added and strengthened protections in our processing systems this filing season to protect the nation’s taxpayers. For this tax season, we continue to make important progress in stopping identity theft and other fraudulent refunds.
It is important to keep in mind the IRS generally does not initiate contact with taxpayers by email to request personal or financial information. This includes any type of electronic communication, such as text messages and social media channels. The IRS has information online that can help you protect yourself from email scams.

Taxable or Not – What You Need to Know about Income (IRS)

All income is taxable unless the law excludes it. Here are some basic rules you should know to help you file an accurate tax return:

  • Taxed income.  Taxable income includes money you earn, like wages and tips. It also includes bartering, an exchange of property or services. The fair market value of property or services received is taxable.

Some types of income are not taxable except under certain conditions, including:

  • Life insurance.  Proceeds paid to you because of the death of the insured person are usually not taxable. However, if you redeem a life insurance policy for cash, any amount that you get that is more than the cost of the policy is taxable.
  • Qualified scholarship.  In most cases, income from this type of scholarship is not taxable. This means that amounts you use for certain costs, such as tuition and required books, are not taxable. On the other hand, amounts you use for room and board are taxable.
  • State income tax refund.  If you got a state or local income tax refund, the amount may be taxable. You should have received a 2014 Form 1099-G from the agency that made the payment to you. If you didn’t get it by mail, the agency may have provided the form electronically. Contact them to find out how to get the form. Report any taxable refund you got even if you did not receive Form 1099-G.

Here are some types of income that are usually not taxable:

  • Gifts and inheritances
  • Child support payments
  • Welfare benefits
  • Damage awards for physical injury or sickness
  • Cash rebates from a dealer or manufacturer for an item you buy
  • Reimbursements for qualified adoption expenses

For more on this topic see Publication 525, Taxable and Nontaxable Income. You can get it on IRS.gov/forms anytime.

Password Information Help

Individuals:  First 4 letters of last name (lowercase) followed by last 5 digits of primary taxpayer’s Social Security Number

Business:  First 4 letters of business name (lowercase) followed by last 5 digits of FEIN

Pay Stubs:  First 4 of letters last name (lowercase) followed by last 4 digits of Social Security Number

*Note: All letters are lower case

Five Good Reasons Why You Should Choose Direct Deposit (IRS)

The best way to get your tax refund is by direct deposit. Here are five good reasons to join the 84 million taxpayers who chose direct deposit last year.

IRS Direct Deposit:

1. Is Fast. The fastest way to get your refund is to electronically file your federal tax return and use direct deposit.

2. Is Convenient. With direct deposit, your refund goes directly into your bank account. You won’t have to wait for your check to come in the mail. There’s no need to make a trip to the bank to deposit a check.

3. Is Secure. Since your refund goes directly into your account, there’s no risk of having your refund check stolen or lost in the mail.

4. Is Easy. Choosing direct deposit is easy. When you e-file, you can follow the instructions in the tax software. If you file a paper return, just follow your tax form instructions. Make sure that you enter the correct bank account and routing number.

5. Has Options. You can split your refund into several financial accounts. These include checking, savings and certain retirement, health and education accounts. Use IRS Form 8888, Allocation of Refund (Including Savings Bond Purchases), to split your refund between up to three accounts. Don’t use Form 8888 to designate part of your refund to pay your tax preparer.

You should deposit your refund directly into accounts in your own name, your spouse’s name or both. Don’t deposit it in accounts owned by others. Some banks require both spouses’ names on the account to deposit a tax refund from a joint return. Check with your bank for their direct deposit requirements.

The IRS has set new limits that allow for no more than three electronic direct deposit refunds into a single financial account or pre-paid debit card. Taxpayers who exceed the limit will receive an IRS notice and a paper refund.

Ten Facts That You Should Know about Capital Gains and Losses (IRS)

When you sell a capital asset the sale results in a capital gain or loss. A capital asset includes most property you own for personal use or own as an investment. Here are 10 facts that you should know about capital gains and losses:

1. Capital Assets.  Capital assets include property such as your home or car, as well as investment property, such as stocks and bonds.

2. Gains and Losses.  A capital gain or loss is the difference between your basis and the amount you get when you sell an asset. Your basis is usually what you paid for the asset.

3. Net Investment Income Tax.  You must include all capital gains in your income and you may be subject to the Net Investment Income Tax. This tax applies to certain net investment income of individuals, estates and trusts that have income above statutory threshold amounts. The rate of this tax is 3.8 percent. For details visit IRS.gov.

4. Deductible Losses.  You can deduct capital losses on the sale of investment property. You cannot deduct losses on the sale of property that you hold for personal use.

5. Long and Short Term.  Capital gains and losses are either long-term or short-term, depending on how long you held the property. If you held the property for more than one year, your gain or loss is long-term. If you held it one year or less, the gain or loss is short-term.

6. Net Capital Gain.  If your long-term gains are more than your long-term losses, the difference between the two is a net long-term capital gain. If your net long-term capital gain is more than your net short-term capital loss, you have a net capital gain.

7. Tax Rate.  The capital gains tax rate usually depends on your income. The maximum net capital gain tax rate is 20 percent. However, for most taxpayers a zero or 15 percent rate will apply. A 25 or 28 percent tax rate can also apply to certain types of net capital gains.

8. Limit on Losses.  If your capital losses are more than your capital gains, you can deduct the difference as a loss on your tax return. This loss is limited to $3,000 per year, or $1,500 if you are married and file a separate return.

9. Carryover Losses.  If your total net capital loss is more than the limit you can deduct, you can carry over the losses you are not able to deduct to next year’s tax return. You will treat those losses as if they happened in that next year.

10. Forms to File.  You often will need to file Form 8949, Sales and Other Dispositions of Capital Assets, with your federal tax return to report your gains and losses. You also need to file Schedule D, Capital Gains and Losses with your tax return.

How to Get a Copy of Your Prior Year Tax Information (IRS)

There are many reasons you may need a copy of your tax return information from a prior year. You may need it when applying for a student loan, home mortgage or for a VISA. If you don’t have your copy, the IRS can help. It’s easy to get a free transcript from the IRS. Here are several ways for you to get what you need:

Tax Return Transcript. A return transcript shows most line items from your tax return just as you filed it. It also includes forms and schedules you filed. However, it does not reflect changes made to the return after you filed it. In most cases, your tax return transcript will have all the information a lender or other agency needs.
Tax Account Transcript. This transcript shows any adjustments made by you or the IRS after you filed your return. It shows basic data, like marital status, type of return, adjusted gross income and taxable income.
How to Get a Transcript. You can request transcripts online, by phone or by mail. Both types of transcripts are free of charge. They are available for the most current tax year after the IRS has processed the return. You can also get them for the past three tax years.

Order online. Use the ‘Get Transcript’ tool available on IRS.gov. You can use this tool to confirm your identity and to immediately view and print copies of your transcript in a single session for free. The tool is available for five types of tax records: tax account transcript, tax return transcript, record of account, wage and income and verification of non-filing.

Order by phone. Call 800-908-9946. A recorded message will guide you through the process.

Order by mail. The easy way to order your transcript by mail is to use the “Get Transcript by Mail” online option on IRS.gov. On the other hand, you can complete and mail Form 4506T-EZ to get your tax return transcript. Use Form 4506-T to request your tax account transcript by mail.

How to Get a Tax Return Copy. Actual copies of your tax returns are generally available for the current tax year and as far back as six years. The fee per copy is $50. Complete and mail Form 4506 to request a copy of your tax return. Mail your request to the IRS office listed on the form for your area.
Delivery times for online and phone orders typically take 5 to 10 days from the time the IRS receives the request. You should allow 30 days to receive a transcript ordered by mail and 75 days for copies of your tax return. You can print tax forms online at IRS.gov/forms. To get forms in the mail go to IRS.gov/orderforms to place an order.

IRS Completes The “Dirty Dozen” Tax Scams for 2015 (IRS)

WASHINGTON — The Internal Revenue Service wrapped up the 2015 “Dirty Dozen” list of tax scams today with a warning to taxpayers about aggressive telephone scams continuing coast-to-coast during the early weeks of this year’s filing season.

The aggressive, threatening phone calls from scam artists continue to be seen on a daily basis in states across the nation. The IRS urged taxpayers not give out money or personal financial information as a result of these phone calls or from emails claiming to be from the IRS.

Phone scams and email phishing schemes are among the “Dirty Dozen” tax scams the IRS highlighted, for the first time, on 12 straight business days from Jan. 22 to Feb. 6. The IRS has also set up a special section on IRS.gov highlighting these 12 schemes for taxpayers.

“We are doing everything we can to help taxpayers avoid scams as the tax season continues,” said IRS Commissioner John Koskinen. “Whether it’s a phone scam or scheme to steal a taxpayer’s identity, there are simple steps to take to help stop these con artists. We urge taxpayers to visit IRS.gov for more information and to be wary of these dozen tax scams.”

Illegal scams can lead to significant penalties and interest for taxpayers, as well as possible criminal prosecution. IRS Criminal Investigation works closely with the Department of Justice (DOJ) to shutdown scams and prosecute the criminals behind them. Taxpayers should remember that they are legally responsible for what is on their tax returns even if it is prepared by someone else. Make sure the preparer you hire is up to the task. For more see the Choosing a Tax Professional page.

For the first time, here is a recap of this year’s “Dirty Dozen” scams:

  • Phone Scams: Aggressive and threatening phone calls by criminals impersonating IRS agents remains an ongoing threat to taxpayers. The IRS has seen a surge of these phone scams in recent months as scam artists threaten police arrest, deportation, license revocation and other things. The IRS reminds taxpayers to guard against all sorts of con games that arise during any filing season. (IR-2015-5)
  • Phishing: Taxpayers need to be on guard against fake emails or websites looking to steal personal information. The IRS will not send you an email about a bill or refund out of the blue. Don’t click on one claiming to be from the IRS that takes you by surprise. Taxpayers should be wary of clicking on strange emails and websites. They may be scams to steal your personal information. (IR-2015-6)
  • Identity Theft: Taxpayers need to watch out for identity theft especially around tax time. The IRS continues to aggressively pursue the criminals that file fraudulent returns using someone else’s Social Security number. The IRS is making progress on this front but taxpayers still need to be extremely careful and do everything they can to avoid becoming a victim. (IR-2015-7)
  • Return Preparer Fraud: Taxpayers need to be on the lookout for unscrupulous return preparers. The vast majority of tax professionals provide honest high-quality service. But there are some dishonest preparers who set up shop each filing season to perpetrate refund fraud, identity theft and other scams that hurt taxpayers. Return preparers are a vital part of the U.S. tax system. About 60 percent of taxpayers use tax professionals to prepare their returns. (IR-2015-8)
  • Offshore Tax Avoidance: The recent string of successful enforcement actions against offshore tax cheats and the financial organizations that help them shows that it’s a bad bet to hide money and income offshore. Taxpayers are best served by coming in voluntarily and getting their taxes and filing requirements in order. The IRS offers the Offshore Voluntary Disclosure Program (OVDP) to help people get their taxes in order. (IR-2015-09)
  • Inflated Refund Claims: Taxpayers need to be on the lookout for anyone promising inflated refunds. Taxpayers should be wary of anyone who asks them to sign a blank return, promise a big refund before looking at their records, or charge fees based on a percentage of the refund. Scam artists use flyers, advertisements, phony store fronts and word of mouth via community groups and churches in seeking victims. (IR-2015-12)
  • Fake Charities: Taxpayers should be on guard against groups masquerading as charitable organizations to attract donations from unsuspecting contributors. Contributors should take a few extra minutes to ensure their hard-earned money goes to legitimate and currently eligible charities. IRS.gov has the tools taxpayers need to check out the status of charitable organizations. Be wary of charities with names that are similar to familiar or nationally known organizations. (IR-2015-16)
  • Hiding Income with Fake Documents: Hiding taxable income by filing false Form 1099s or other fake documents is a scam that taxpayers should always avoid and guard against. The mere suggestion of falsifying documents to reduce tax bills or inflate tax refunds is a huge red flag when using a paid tax return preparer. Taxpayers are legally responsible for what is on their returns regardless of who prepares the returns. (IR-2015-18)
  • Abusive Tax Shelters: Taxpayers should avoid using abusive tax structures to avoid paying taxes. The IRS is committed to stopping complex tax avoidance schemes and the people who create and sell them. The vast majority of taxpayers pay their fair share, and everyone should be on the lookout for people peddling tax shelters that sound too good to be true. When in doubt, taxpayers should seek an independent opinion regarding complex products they are offered. (IR-2015-19)
  • Falsifying Income to Claim Credits: Taxpayers should avoid inventing income to erroneously claim tax credits. Taxpayers are sometimes talked into doing this by scam artists. Taxpayers are best served by filing the most-accurate return possible because they are legally responsible for what is on their return. (IR-2015-20)
  • Excessive Claims for Fuel Tax Credits: Taxpayers need to avoid improper claims for fuel tax credits. The fuel tax credit is generally limited to off-highway business use, including use in farming. Consequently, the credit is not available to most taxpayers. But yet, the IRS routinely finds unscrupulous preparers who have enticed sizable groups of taxpayers to erroneously claim the credit to inflate their refunds. (IR-2015-21)
  • Frivolous Tax Arguments: Taxpayers should avoid using frivolous tax arguments to avoid paying their taxes. Promoters of frivolous schemes encourage taxpayers to make unreasonable and outlandish claims to avoid paying the taxes they owe. These arguments are wrong and have been thrown out of court. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law or disregard their responsibility to pay taxes. The penalty for filing a frivolous tax return is $5,000. (IR-2015-23)