Today, Phil explains what a tax attorney is, including what it takes to become one and how they can help you with your tax issues.
What is a Tax Attorney?
A tax attorney is a legal professional who specializes in tax law. They are trained and experienced in dealing with complex tax issues, including tax planning, compliance, disputes, and litigation. One of the privileges they have is being able to represent taxpayers before tax authorities, such as the IRS.
Becoming a Tax Attorney
What does it take to become a tax attorney? For one, it means going to and completing law school. It also means passing the bar exam. However, they shouldn’t stop there. Staying updated on changes in tax laws and regulations is essential for tax attorneys to effectively advise their clients and navigate complex tax issues.
Tax attorneys can make a significant impact on their clients’ financial well-being by helping them minimize tax liabilities, resolve disputes with tax authorities, and plan for the future. Just be sure to vet your attorney to ensure they are qualified to represent you before the IRS. Rest assured, the attorneys and enrolled agents at Optima Tax Relief can help.
Navigating the complexities of taxes can be challenging for anyone. When it comes to families with children, there are additional considerations to be aware of. One such consideration is the IRS Kiddie Tax. This set of rules is specifically aimed at taxing unearned income of certain children at their parent’s tax rate. Understanding how the Kiddie Tax works is crucial for parents to effectively manage their tax liabilities. Let’s delve deeper into what the Kiddie Tax entails and how it might affect your family’s tax situation.
What is the Kiddie Tax?
The Kiddie Tax is a tax provision established by the IRS aimed at preventing parents from shifting investment income to their children to take advantage of their lower tax rates. Specifically, it applies to children who have unearned income above a certain threshold. It applies to children under 19 years of age or under 24 if they are full-time students. Unearned income includes interest, dividends, capital gains, rents, and royalties, among other types of passive income. However, other common examples include taxable scholarships and income produced by gifts from family.
Exemptions
The Kiddie Tax does not apply to all children. If a child meets any of these criteria, they will be exempt from the Kiddie Tax rules.
The child has no living parents at the end of the tax year.
The child got married and filed a joint return for the tax year.
The child is not required to file a tax return for the tax year.
The first $1,250 of a child’s unearned income is not taxed. However, the next $1,250 is subject to the child’s tax rate of 10%. Additionally, any income that exceeds $2,500 is taxed at the greater rate of the child’s tax rate or the parent or guardian’s tax rate. For example, if a child had $3,000 in unearned income, $500 would be subject to the Kiddie Tax. Finally, the threshold will rise to $2,600 for tax year 2024.
For 2023, the standard deduction for a child is the greater of $1,250 or the child’s earned income plus $400, if you can claim them as a dependent. This is because $1,250 is the standard deduction for dependents. If you cannot claim the child as a dependent, they’d generally use the standard deduction of a single filer. This figure is $13,850 for 2023.
Examples
Emily receives $3,000 in dividend income from stocks held in a custodial account in her name. Her parents’ marginal tax rate is 24%. Under the Kiddie Tax rules, since Emily’s unearned income exceeds the $2,500 threshold, the portion exceeding the threshold ($500) will be taxed at her parents’ tax rate.
Consider a family with two children, Jack and Lily. Jack is 17 years old and earns $1,800 in interest income from savings bonds. Lily, on the other hand, is 20 and a full-time college student She receives $3,500 in dividends from investments. Jack’s income will be taxed at his individual tax rate of 10%. However, Lily’s income will be subject to the Kiddie Tax at her parents’ tax rates.
17-year-old Michael is legally emancipated from his parents. He earns $5,000 in interest income from a savings account in his name. Since Michael is emancipated, the Kiddie Tax does not apply to him. Therefore, his interest income will be taxed at his individual tax rate.
Sarah, who is 18 years old, has a disability that meets certain criteria outlined by the IRS. Sarah receives $4,000 in dividends from investments. If Sarah’s disability qualifies her for an exception to the Kiddie Tax, her dividends may be taxed at her individual tax rate rather than at trust and estate tax rates.
How to Report Kiddie Tax
Reporting the Kiddie Tax on your tax return involves several steps. That said, it’s crucial to ensure accurate reporting to comply with the IRS. Calculate the child’s unearned income for the tax year. Remember, unearned income includes interest, dividends, capital gains, rents, and royalties, among other types of passive income. If the child’s unearned income exceeds the threshold, apply the Kiddie Tax rates to the portion of income exceeding the threshold. For 2023, unearned income up to $2,500 is taxed at the child’s rate. Any amount over $2,500 is taxed at the parent or guardian’s tax rate. This can be significantly higher than individual tax rates.
If the Kiddie Tax applies, use IRS Form 8615, Tax for Certain Children Who Have Unearned Income. This form helps determine the portion of the child’s unearned income subject to the Kiddie Tax. It also calculates the tax liability at the appropriate tax rate. Parents should attach this form to the child’s Form 1040. In some cases, the parent can include the child’s income on their return instead. They would do this with Form 8814, Parent’s Election to Report Child’s Interest and Dividends.
Tax Help for Parents
Understanding the Kiddie Tax is essential for parents who engage in financial planning strategies involving their children’s investments. While the Kiddie Tax aims to prevent tax avoidance, it can significantly impact the tax implications of certain investment decisions. Parents should consider consulting with a tax advisor or financial planner to develop tax-efficient strategies that align with their overall financial goals. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers.
Discovering that you owe back taxes to the IRS can be a stressful and overwhelming experience. Whether due to oversight, financial hardship, or other circumstances, it’s essential to address this issue promptly and accurately. However, determining the exact amount of back taxes owed can be complex. In this article, we’ll outline steps and resources to help you navigate the process of finding out how much you owe the IRS in back taxes.
View Your IRS Online Account
The IRS offers taxpayers access to their own IRS online account where they can view information related to their tax obligations. One of the key things you can access here is your tax balance. If you haven’t already done so, you can visit the IRS website and create an account. You’ll need to provide personal information to verify your identity and create login credentials. While the actual process of creating an IRS online account might seem tedious, the IRS takes extra precautions to safeguard your identity.
Upon logging in, you’ll see the total amount owed and balance details. Here, you should be able to see the total amount you owe the IRS, including any penalties and interest that may have accrued. Your balance is broken down by tax year for added convenience. Depending on your tax situation and the amount owed, the IRS online account portal may also provide information about payment options. This could include setting up a payment plan, making a one-time payment, or exploring other payment arrangements.
Call the IRS
The IRS has dedicated phone lines and representatives available to assist taxpayers with inquiries about their tax accounts, including outstanding tax liabilities. Before calling the IRS, gather any relevant documents, such as tax returns, notices, or correspondence from the IRS. Having this information on hand will help the representative accurately assess your tax situation. If you’re calling on behalf of someone else, you’ll need authorization to discuss their account plus their personal information.
IRS phone wait times can be long, especially during tax time. It’s recommended to contact the IRS via your online account if possible. The IRS can be reached via telephone Monday through Friday from 7am to 7pm local time. Residents of Alaska and Hawaii should follow Pacific time. Residents of Puerto Rico may call from 8am to 8pm local time. Here are the phone numbers:
Individuals: 800-829-1040
Businesses: 800-829-4933
There are also a few phone lines with their own specific hours.
Non-Profits: 877-829-5500 from 8am to 5pm local time
Estates and Gift Taxes: 866-699-4083 from 10am to 2pm Eastern time
Excise Taxes: 866-699-4096 from 8am to 6pm Eastern time
Hearing Impaired: TTY/TDD 800-829-4059
Tax Help for Those Who Owe
Once you’ve determined the amount of back taxes owed, it’s crucial to develop a plan to address your tax debt and prevent further penalties and interest accrual. Depending on your financial situation, you may consider setting up an installment agreement, making an offer in compromise, or exploring other options available through the IRS. For individuals with complex tax situations or those who need assistance navigating the process of resolving back taxes, hiring a tax professional may be beneficial. Tax professionals, such as enrolled agents or tax attorneys, can provide personalized guidance, negotiate with the IRS on your behalf, and help develop a plan to address your tax debt effectively. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities.
Receiving correspondence from the IRS can be an intimidating experience for many taxpayers. Notices like CP75 or CP75A often raise concerns and questions about one’s tax situation. However, understanding what these notices entail and how to respond to them can alleviate anxiety and ensure a smoother resolution. In this guide, we’ll explore what Notice CP75 and CP75A mean, why they are issued, and steps you can take if you receive one.
Understanding Notice CP75 and CP75A
Notice CP75 and CP75A are both sent by the IRS to request verification items from taxpayers who have claimed a certain tax credit, dependents, or filing status. It will often involve the Earned Income Credit (EIC), the Additional Child Tax Credit (ACTC), and/or the Premium Tax Credit. These credits are refundable tax credits designed to assist low to moderate-income families. However, the IRS may need additional information to verify eligibility for these credits.
A CP75A Notice is similar to CP75 but is specifically for taxpayers who claimed a credit, dependent, or filing status for the first time on their tax return. Like CP75, it requests additional information to verify eligibility for these credits.
Reasons for Issuance
There are several reasons why the IRS might issue Notice CP75 or CP75A:
Incomplete Information: Your tax return may lack sufficient information or contain discrepancies that need clarification.
Verification of Eligibility: The IRS may need to verify your eligibility for the EIC and/or ACTC, especially if it’s the first time you’re claiming these credits.
Prevent Fraud: These notices help the IRS prevent fraudulent claims for refundable tax credits.
What to Do If You Receive Notice CP75 or CP75A
Receiving IRS Notice CP75 or CP75A doesn’t necessarily mean there’s a problem with your tax return. However, it’s essential to respond promptly and provide the requested information to avoid delays in processing your return and potential issues with your refund. Here’s what you should do:
Read the Notice Carefully
Take the time to carefully read through the notice to understand why it was sent and what information the IRS is requesting from you.
Gather Documentation
Collect the documentation requested in the notice, such as proof of income, residency, and dependent eligibility. Ensure that the documents are accurate and up-to-date. Depending on the credit, the notice may also be grouped with a form to fill out. Here are a few examples:
To qualify for the EIC, you’ll likely need to send back an enclosed Form 886-H-EIC.
To qualify for the Premium Tax Credit, you’ll need to send back an enclosed Form 14950.
To claim a dependent, you’ll need to submit Form 886-H-DEP.
To confirm your eligibility for a certain filing status, refer to IRS Form 14824.
Respond Promptly
The notice will provide a deadline for responding, typically 30 days. It’s crucial to adhere to this deadline to prevent further delays or complications. If you don’t respond, the IRS will likely assume you don’t want to claim the credit and then adjust your tax return accordingly.
Follow Instructions
Follow the instructions provided in the notice for submitting the requested documentation. This may involve mailing the documents to a specific address or uploading them through the IRS’s online portal.
Seek Assistance if Needed
If you’re unsure about how to respond to the notice or need assistance gathering the required documentation, don’t hesitate to seek help. You can contact the IRS directly or consult a tax professional for guidance.
Keep Records
Make copies of all documents you submit to the IRS and keep them for your records. This will help you track your communication with the IRS and provide proof of compliance if needed.
Monitor Your Mail and Online Account
Keep an eye on your mail and online IRS account for any updates or further communication regarding your case. The IRS will typically respond in 30 days with further details or next steps.
Did you Receive IRS Notice CP75 or CP75A? Call Optima
Receiving IRS Notice CP75 or CP75A can be unsettling, but it’s essential to address it promptly and provide the requested information to ensure a smooth resolution. By understanding what these notices mean and following the steps outlined in this guide, you can effectively respond to the IRS’s inquiries and safeguard your tax refund and financial interests. Remember, assistance is available if you need it, so don’t hesitate to reach out for help if you’re unsure about how to proceed. Optima Tax Relief has a team of dedicated and experienced tax professionals with proven track records of success.
In the realm of business finance, debt is often seen as a double-edged sword. While it can provide necessary capital for growth and expansion, it also comes with the risk of non-payment, leading to bad debts. However, there is a silver lining for businesses facing bad debts in the form of the bad debt deduction. This article aims to shed light on what the bad debt deduction entails and how businesses can navigate this aspect of their financial landscape.
What is the Bad Debt Deduction?
The bad debt deduction is a tax deduction for businesses that allows them to deduct certain uncollectible debts from their taxable income. In simpler terms, if a business has provided goods or services on credit and cannot collect payment for them, they may be eligible to claim a deduction for the unpaid debt.
Types of Bad Debts
Not all unpaid debts qualify for the bad debt deduction. The IRS has specific criteria that must be met for a debt to be considered bad and eligible for deduction. Generally, there are two types of bad debts:
Business Bad Debts
These are debts arising from the sale of goods or services in ordinary business. To qualify as a business bad debt, the debt must be directly related to the taxpayer’s trade or business. For example, if a company sells products on credit to customers and some of those customers fail to pay, resulting in a loss for the company, those unpaid debts may be considered business bad debts. Sole proprietors can deduct business bad debts on Schedule C, Profit or Loss from Business. Partnerships would use Form 1065, U.S. Return of Partnership Income. S Corps would use Form 1120-S, U.S. Income Tax Return for an S Corporation while C Corps would use Form 1120, U.S. Corporation Income Tax Return. This deduction can be in full or just partially.
Non-Business Bad Debts
These are debts that are not related to the taxpayer’s trade or business. Examples of non-business bad debts include personal loans made by individuals or investments in non-business ventures. While non-business bad debts may also be deductible, they are subject to different rules and limitations than business bad debts. If you can deduct a non-business bad debt, it must be in full. You can deduct non-business bad debts on Form 8949, Sales and Other Dispositions of Capital Assets.
Non-business debts only qualify for capital loss treatment. This means you can deduct up to $3,000 of ordinary income per year. However, you can carry forward the debt into future years. It could take years to deduct the full non-business bad debt, but it is possible.
Requirements for Deductibility
To claim a deduction for bad debts, businesses must meet certain requirements set forth by the IRS. Some key requirements include:
The amount must have been included in your income. To claim a deduction for a bad debt, the amount of the debt must have previously been included in the taxpayer’s gross income.
The debt must be bona fide. This means that the debt must be a legitimate obligation owed to the taxpayer. It cannot be a gift or contribution to a charity, for example.
There must be an intention to collect.The taxpayer must have made reasonable efforts to collect the debt before it can be considered uncollectible. This typically involves sending invoices, reminders, and making collection calls.
The debt must be deemed worthless.The taxpayer must be able to demonstrate that the debt has become worthless and is unlikely to be collected in the future.
Limitations and Considerations
While the bad debt deduction can provide relief for businesses facing losses due to unpaid debts, there are certain limitations and considerations to keep in mind:
Timing of deduction: The deduction for bad debts can only be claimed in the year in which the debt becomes worthless. Businesses cannot simply write off unpaid debts at their discretion. They must be able to demonstrate that the debt has become uncollectible during the tax year for which the deduction is claimed.
Documentation requirements: Proper documentation is essential when claiming a deduction for bad debts. Businesses should maintain records of invoices, collection efforts, and any other relevant correspondence to support their claim in case of an IRS audit.
Recovery of bad debts: If a business can recover all or part of a previously deducted bad debt in a subsequent year, the recovered amount must be included as income in the recovery year. This ensures that businesses do not receive a double tax benefit for the same debt.
Tax Help for Businesses
The bad debt deduction can be a valuable tool for businesses facing losses due to unpaid debts. By understanding the requirements and limitations associated with this deduction, businesses can effectively navigate the complexities of bad debt management and mitigate the impact of non-payment on their bottom line. Proper documentation and compliance with IRS regulations are key to maximizing the benefits of the bad debt deduction while avoiding potential pitfalls. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities.
