Divorce can be a complex and emotionally challenging process, with numerous financial and legal considerations to address. One crucial aspect often overlooked is the impact of alimony on your taxes. Alimony, also known as spousal support or maintenance, is a regular payment made by one spouse to another after divorce or separation. While it’s essential to ensure financial stability for the receiving spouse, it’s equally important to understand the tax implications of alimony, as they can significantly affect your financial situation. In this article, we’ll explore how alimony affects your taxes and what you need to be aware of during and after divorce.
Tax Treatment of Alimony Payments
One of the most critical aspects of alimony is how it is treated for tax purposes. Understanding this treatment is essential for both the paying and receiving spouses. The laws have recently changed under the Tax Cuts and Jobs Act (TCJA) of 2017.
For the Paying Spouse:
The key date to remember is December 31, 2018. If your divorce was final on or before this date, alimony payments are generally tax-deductible, even if you don’t itemize your deductions. This means that if you’re the spouse making alimony payments, you can deduct these payments from your taxable income to reduce your overall tax liability. However, if your divorce was final after December 31, 2018, the payments cannot be deducted.
For the Receiving Spouse:
Alimony received is considered taxable income if your divorce was legal on or before December 31, 2018. This means that if you’re the spouse receiving alimony, you must report these payments as income on your tax return and you’ll owe income tax on the alimony you receive. However, if your divorce was final after December 31, 2018, the payments are not considered taxable income.
Requirements for Alimony to Be Tax Deductible
Not all payments between former spouses qualify as alimony for tax purposes. Alimony is tax-deductible for the paying spouse and is taxable income for the receiving spouse. However, certain criteria must be met:
The payments must be made under a divorce or separation agreement. Informal arrangements do not qualify for tax benefits.
The payments must be in cash, money order, or check. Property transfers or non-cash payments are generally not considered alimony.
The divorce or separation agreement must not designate the payments as non-deductible and non-taxable. Both parties should be aware of the tax implications.
The spouses must not be living in the same household when the payments are made. Cohabitating ex-spouses may not claim alimony deductions or pay taxes on the received amount.
The spouses must not file a joint tax return with their ex-spouse.
Changes in Tax Law
It’s important to keep in mind that tax laws can change over time. While the TCJA made changes to the tax treatment of alimony, it’s possible that future legislation may alter these rules. Therefore, it’s advisable to consult with a tax professional or attorney who specializes in family law. Stay up to date with any tax law changes that may affect your alimony arrangement.
Tax Help for Those Who Pay or Receive Alimony
Alimony can play a crucial role in ensuring financial stability for spouses after divorce or separation. However, understanding the tax implications of alimony is essential to avoid unexpected financial consequences. Whether you’re the paying or receiving spouse, it’s wise to seek professional guidance from tax experts or legal professionals who can help you navigate the complex terrain of alimony and taxation. By following the IRS guidelines, you can ensure that your alimony arrangement is both fair and tax compliant. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses penalties and interest again, but this time gives tips on how to mitigate and even remove them.
Penalties and interest can quickly get out of hand. The best way to mitigate them is to pay your tax liability. We understand that this may not be an option for everyone. If you can’t pay your tax bill in full, you can set up an installment agreement with the IRS. This will reduce your penalty from a 0.5% accrual per month to 0.25% per month.
Removing Penalties and Interest
If you’re looking to remove your penalties and interest, you have some options. The IRS offers penalty abatement for reasonable cause and first-time abatement. To request penalty relief for reasonable cause, you must prove to the IRS that you tried to file or pay but could not. Examples can include fires, natural disasters, inability to obtain records, death, serious illness, system issues, and some others. It does not include a reliance on a tax profession, lack of ignorance, errors, or lack of funds.
The IRS also offers penalty abatement by administration waiver, more commonly known as first-time abatement. You can request a first time abate if you failed to file, failed to pay, or failed to deposit. To qualify, you must have a good history of tax compliance and did not have any penalties during the prior 3 years, or a penalty was removed for good reason other than a first-time abatement.
While interest cannot be removed from your account, it can be adjusted if penalties are abated. Only the interest related to the abated penalty will be reduced or removed.
Don’t miss next week’s episode where Phil will discuss the Employee Retention Credit. See you next Friday!
If You Need Help Removing Your IRS Penalties, Contact Us Today for a Free Consultation
The taxation of long-term and short-term rentals can differ significantly. These differences are primarily driven by the distinct nature of these rental arrangements and the objectives of tax authorities. Here’s an overview of the key differences in how long-term and short-term rentals are taxed.
The 14-Day Rule
Under the 14-day rule, if you rent out your primary residence or a second home for 14 days or fewer during the tax year, you are generally not required to report the rental income on your federal income tax return. In other words, the income you earn from these short-term rentals is tax-exempt. To qualify, you must have also occupied the property for at least 14 days.
If you use the 14-day rule you cannot deduct rental-related expenses, such as advertising, cleaning, and maintenance, against that income. However, you can deduct property taxes and mortgage interest paid. The 14-day rule is a federal tax provision, and state and local tax laws may vary.
Active vs. Passive Income
If you have a rental property, how you are taxed also depends on whether your income is passive or active.
Passive Rental Income
Usually, rental income is considered passive, meaning it doesn’t require active participation. This is usually the case for long-term rentals in which you might just collect a rent check each month. This income is generally taxed at the same rate as your regular income. In addition, you may deduct operating expenses including advertising, commissions, repairs, maintenance, landscaping, insurance, HOA fees, property taxes, mortgage interest, depreciation, and more. Passive rental income should be reported on Schedule E of Form 1040.
Active Rental Income
There are a few instances in which rental income becomes active. These include:
If you are classified as a real estate professional (work at least 750 hours in real estate per year, and 50% of work being in real estate)
If you are renting your property through an LLC or S Corporation
If you have short-term rentals (STRs) that have an average stay length of 7 days or less
If you occupy your rental for more than 14 days, or 10% of the number of days the property is rented out
If you provide “substantial services” to your tenants, including meals, transportation, daily housekeeping, and more.
If one of these scenarios applies to you, your income will likely be considered active in the IRS’s eyes. This means the IRS will consider you to be self-employed and will require you to pay self-employment tax. However, you can deduct up to $25,000 of loss from activity if you are single or married filing jointly. You can deduct up to $12,500 if you are married but file separately. Active rental income and expenses should be reported on Schedule C.
Qualified expenses include rental expenses like advertising, credit checks, and agency fees. You can also deduct general expenses like cleaning fees, repairs, depreciation, mortgage interest, property taxes, utilities, etc. However, you may only deduct a percentage of general expenses that is equal to the occupancy rate for the year. For example, if your rental was occupied for 150 days out of the year, you could deduct 41% of the expenses (150/365).
Tax Help for Those with Rental Income
It’s essential for property owners to be aware of the tax implications associated with their rental activities. Consult with tax professionals or local authorities to ensure compliance with relevant tax laws and regulations. Tax laws can vary significantly by jurisdiction. That said, it’s crucial to stay informed about the specific rules that apply to your rental situation. Additionally, tax laws and regulations can change over time, so regular updates and compliance checks are essential for all rental property owners. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Tax season can be a stressful time for many individuals, but it can also bring some relief in the form of deductions that can lower your overall tax liability. While itemizing deductions can often yield significant tax savings, not everyone has enough eligible expenses to make it worthwhile. However, you can still benefit from various tax deductions without the need to itemize your deductions. In this article, we’ll explore some of the tax deductions you can claim without itemizing.
Traditional IRA Contributions
Contributions to a Traditional Individual Retirement Account (IRA) are tax-deductible up to certain limits. For the tax year 2023, you can contribute up to $6,500 ($7,500 if you’re 50 or older) and deduct that amount from your taxable income. Keep in mind that Roth IRAs are not eligible for this deduction.
HSA Contributions
Contributions to your Health Savings Account (HSA) are tax-deductible, and you don’t need to itemize to claim this deduction. HSAs are a great way to save for future medical expenses while reducing your taxable income. For the tax year 2023, you can contribute up to $3,850 if you are an individual and up to $7,300 if you have family coverage. In addition, those who are 55 or older can contribute an extra $1,000 per year.
Early Withdrawal Penalties
If you had to pay penalties for early withdrawal of savings from a CD or other interest-bearing account, you can deduct those penalties without itemizing. This does not include early withdrawals from retirement accounts.
Student Loan Interest
If you have student loans, you can deduct up to $2,500 of the interest paid on those loans, even if you don’t itemize deductions. This deduction is subject to income limitations. Specifically, the amount you are able to deduct begins to phase out at $70,000 in AGI and is completely eliminated for those who earn more than $85,000 a year. For married couples, these amounts increase to $145,000 and $175,000 respectively.
Educator Expenses
If you’re a teacher or educator, you can deduct up to $300 of unreimbursed expenses for classroom supplies and materials. This deduction can help offset some of the out-of-pocket costs associated with teaching.
Alimony Payments
If you make alimony payments as part of a divorce or separation agreement finalized before 2019, you can deduct those payments without itemizing. However, this rule doesn’t apply to agreements made after December 31, 2018.
Self-Employed Expenses
If you’re self-employed, you can deduct half of your FICA taxes paid during the year. In addition, if you paid health insurance premiums, you can deduct these costs as an adjustment to your income, reducing your taxable income. This includes any premiums paid for your spouse and children. There are some limitations here so please consult a qualified tax professional before claiming this deduction.
Moving Expenses (for Military Personnel)
Members of the military who move due to a permanent change of station (PCS) can deduct certain moving expenses, such as travel and lodging costs, even if they don’t itemize deductions.
Conclusion
While itemizing deductions can provide substantial tax benefits for some taxpayers, it’s not necessary for everyone. These deductions you can claim without itemizing can still help lower your tax liability and put more money back in your pocket. It’s essential to stay informed about the latest tax laws and consult with a tax professional if you have any questions about your specific situation. By taking advantage of these deductions, you can optimize your tax return and keep more of your hard-earned money. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Taxes are an integral part of our financial lives, but not all income is subject to taxation. Understanding which income types are taxable and which are not can help you make informed financial decisions and potentially reduce your tax burden. In this article, we’ll explore various income sources that are not taxable, shedding light on some lesser-known exemptions.
Gifts and Inheritance
Gifts and inheritances are generally not considered taxable income for the recipient. If your wealthy aunt leaves you a sizable inheritance, you won’t have to pay income tax on that windfall. However, some exceptions and nuances may apply. For example, there is a federal estate tax for very large estates, but it generally doesn’t affect the average person.
Life Insurance Proceeds
The death benefit paid out by a life insurance policy to a beneficiary is typically not subject to income tax. This is true for both term and permanent life insurance policies. However, if you cash in your life insurance policy while you’re still alive and receive more than the total premiums paid, the excess amount may be taxable.
Scholarships and Grants
Scholarships and grants used for qualified education expenses, such as tuition, books, and fees, are usually not taxable. However, if you use the funds for non-qualified expenses like room and board, they may become taxable income.
Child Support Payments
Child support payments received from your ex-partner are not considered taxable income. On the flip side, the parent making these payments generally cannot deduct them from their taxable income.
Return of Capital
If you sell an investment, like stocks or real estate, for the same amount you originally paid or less, the proceeds are considered a return of capital and are not subject to income tax. However, any gains from the sale of investments are typically taxable, unless they qualify for specific capital gains tax exclusions or reductions.
Municipal Bond Interest
Interest income from municipal bonds is typically exempt from federal income tax. In some cases, it may also be exempt from state and local taxes if you reside in the issuing state or locality. This tax advantage is designed to encourage investment in local infrastructure projects.
Disability Benefits
Disability benefits, whether from a private insurance policy or a government program like Social Security Disability Insurance (SSDI), are generally not taxable. However, there are exceptions when disability benefits can become taxable, such as if you receive substantial additional income from other sources while receiving disability payments.
Roth IRA Distributions
Distributions from Roth Individual Retirement Accounts (IRAs) are usually not taxable as long as certain conditions are met. Generally, you must be at least 59½ years old and have held the account for at least five years. Contributions to a Roth IRA are made with after-tax dollars, so qualified withdrawals are tax-free.
Conclusion
Understanding which income types are not taxable is essential for managing your finances and optimizing your tax liability. While many types of income are taxable, these exemptions can offer financial relief and peace of mind. However, tax laws can be complex and subject to change, so it’s wise to consult with a tax professional or financial advisor to ensure you’re correctly interpreting and applying these rules to your specific situation. By staying informed and making strategic financial decisions, you can legally minimize your tax obligations and keep more of your hard-earned money. For a full list of taxable and nontaxable income types, you can view IRS Publication 525. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, breaks down tax extensions. Can anyone file a tax extension? When is the deadline to file?
A tax extension is an additional 6-month period the IRS grants a taxpayer to file their tax return. It is not an extension to pay your taxes. That said, failure to pay your taxes by the original due date will result in a Failure to Pay penalty. The Failure to Pay penalty is currently 0.5% of your unpaid tax bill for every month or partial month the tax remains unpaid, up to a maximum of 25% of your tax bill.
Anyone can file a tax extension, including individuals and businesses. However, you must file your tax extension before the original due date of the return. If you don’t, your return will be considered late, and you will begin to incur penalties and interest.
If you’re an individual who is trying to file a tax extension, you’ll need to file IRS Form 4868, also known as the Application for Automatic Extension of Time to File U.S. Individual Income Tax Return. As a business, you will need to file IRS Form 7004, which is the Application for Automatic Extension of Time to File Certain Business Income Tax, Information, and Other Returns.
Next week, Phil will discuss how to mitigate or remove IRS penalties and interest. See you next Friday!
If You Need Help Filing a Tax Extension, Contact Us Today for a Free Consultation
As a graduate student, you’re no stranger to the demands of academia, from coursework and research to teaching and TA duties. Amidst the hustle and bustle of graduate life, it’s essential not to overlook your tax obligations. By understanding and effectively managing your taxes, you can potentially save money and reduce financial stress. In this article, we’ll explore some valuable tax tips for graduate students.
Understand Your Filing Status
Your filing status can significantly impact your tax liability. Most graduate students will either file as “Single” or “Head of Household” if they meet certain criteria. To determine the best filing status for you, consult the IRS guidelines or consider seeking advice from a tax professional.
Take Advantage of Education Credits
Graduate students can often benefit from tax credits designed to offset educational expenses. The most common credit is the Lifetime Learning Credit. Graduate students are not eligible for the American Opportunity Tax Credit, since it is only available for the first four years of college. To qualify, ensure you meet the eligibility criteria and keep detailed records of your tuition payments and related expenses. Tuition payments will be reported by your school on Form 1098-T.
Report Scholarships and Fellowships Accurately
If you receive scholarships or fellowships, you’ll need to report them on your tax return. However, not all of this income may be taxable. Generally, amounts used for qualified education expenses like tuition, books, and supplies are not taxable, but stipends for living expenses may be. Ensure you report these amounts accurately to avoid potential IRS issues.
Deduct Qualified Education Expenses
In some cases, you may be able to deduct certain education-related expenses, even if you can’t claim education credits. Common deductions include tuition and fees, interest on student loans, and education-related expenses such as textbooks and supplies. Be sure to keep receipts and records to support these deductions.
Consider the Student Loan Interest Deduction
If you have student loans, you may qualify for the student loan interest deduction. This deduction allows you to deduct up to $2,500 of the interest paid on your student loans, potentially lowering your taxable income. Your student loan lender will report total interest paid via Form 1098-E.
Be Aware of State Tax Obligations
While federal taxes are consistent across the United States, state tax laws can vary significantly. Make sure you understand your state’s tax regulations and any specific deductions or credits available to graduate students in your area.
Track Miscellaneous Income
Graduate students often engage in various side gigs or freelance work to supplement their income. Don’t forget to track this income and report it accurately on your tax return. Failing to do so could lead to penalties and audits.
Consult a Tax Professional
Tax laws can be complex, and your financial situation may have unique aspects that require professional guidance. Consider consulting a tax professional or using tax software to ensure you’re taking full advantage of available deductions and credits.
Keep Thorough Records
Finally, maintain detailed records of all your income, expenses, and tax-related documents. Organizing your financial information will make the tax-filing process smoother and help you identify potential deductions you might have otherwise missed.
Tax Help for Grad Students
Tackling taxes as a graduate student can seem daunting, but with careful planning and attention to detail, you can make the most of available deductions and credits. By following these tax tips and staying informed about tax law changes, you can minimize your tax liability and keep more of your hard-earned money in your pocket. Remember, it’s never too early to start planning for your financial future, and proper tax management is a crucial part of that journey. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Tax season can be both a stressful and eagerly anticipated time of the year. Many people look forward to receiving their tax refunds, as it often represents a financial boost. However, what happens when your tax refund is late? This delay can be frustrating, but it’s essential to stay calm and take the right steps to resolve the issue. In this article, we’ll provide you with a step-by-step guide on what to do if your tax refund is late.
Check Your Filing Status and Timing
The first thing you should do is verify your tax return’s filing status and timing. Ensure that you filed your return accurately and on time. Delays can occur if there are errors on your return or if you filed it close to the tax deadline.
Use the “Where’s My Refund?” Tool
The IRS offers a convenient online tool called “Where’s My Refund?” that allows you to track the status of your refund. Visit the official IRS website (irs.gov) and enter your Social Security Number, filing status, and the exact amount of your expected refund. This tool will provide you with the most up-to-date information about your refund’s status.
Wait Patiently
The IRS processes millions of tax returns each year, and it can take time to review and approve refunds. Patience is key during this process. Keep in mind that the IRS typically issues most refunds within 21 days of receiving a tax return. However, during peak filing times or due to special circumstances (like changes in tax laws), delays can occur.
Contact the IRS
If your refund is significantly delayed beyond the expected timeframe, it’s time to contact the IRS. You can reach out to them through their toll-free hotline at 1-800-829-1040. When you call, have your tax return information, including your Social Security Number and the exact amount of your expected refund, ready. Be prepared to explain your situation and ask for assistance in resolving the delay.
Verify Your Contact Information
Sometimes, delays can occur because the IRS is trying to reach you for additional information or clarification. Make sure your contact information on your tax return, such as your address and phone number, is accurate. Failure to respond to the IRS’s requests can lead to further delays.
Consider the Possibility of a Review
In some cases, the IRS may need to review your tax return more thoroughly. This can happen if there are discrepancies or red flags in your return. While it can be nerve-wracking, it’s essential to cooperate with any requests for additional information promptly. This review process can extend the time it takes to receive your refund, but it’s a necessary step to ensure the accuracy of your return.
Check for Offset or Debt
In certain situations, the IRS may withhold your refund to offset debts you owe, such as past-due child support, unpaid student loans, or outstanding tax debts. If this is the case, you will receive a notice explaining the offset and the remaining balance of your refund, if any.
Conclusion
While a delayed tax refund can be frustrating, it’s essential to remain patient and proactive in resolving the issue. By following these steps, you can maximize your chances of getting your refund as quickly as possible. Remember that timely and accurate filing, using the IRS’s online tools, and effective communication with the IRS are your best allies in ensuring a smooth refund process. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Filing taxes as a married couple is a significant financial decision. While the default option for most couples is to file jointly, there are certain situations where filing separately can be beneficial. In this article, we will explore when it makes sense for married couples to consider filing separately and the potential advantages of doing so.
Protecting Individual Finances
One of the primary reasons couples may choose to file separately is to protect their individual financial interests. If one spouse has concerns about the other’s financial situation, such as unpaid taxes, outstanding debts, or a history of financial irresponsibility, filing separately can help shield the responsible spouse from any potential liability.
Filing separately ensures that each spouse’s income, deductions, and credits are separate, reducing the risk of being held responsible for the other’s financial obligations. This can be especially important if you are not entirely confident in your spouse’s financial stability.
Reducing the Impact of Student Loan Payments
Student loan debt can be a significant financial burden, and how you file your taxes as a married couple can impact your student loan payments. When you file jointly, your combined income may result in higher monthly student loan payments due to income-driven repayment plans.
Filing separately may allow the spouse with student loans to reduce their monthly payment, as only their individual income is considered for calculating the payments. This can free up more money for other financial goals or expenses, providing some financial relief.
Maximizing Tax Benefits in Specific Situations
In some cases, filing separately can result in a lower overall tax liability, especially when one spouse has significant deductions or credits. For example, if one spouse has high medical expenses that exceed the adjusted gross income threshold for claiming deductions, filing separately may allow them to maximize these deductions, potentially leading to a lower tax bill.
Similarly, if one spouse has significant business losses or other deductions that can only be claimed individually, filing separately can be advantageous. It’s essential to consult with a tax professional to determine if this strategy makes sense for your specific situation.
Reducing the Impact of the Marriage Penalty
In the U.S. tax code, the so-called “marriage penalty” refers to the situation where a married couple may pay more in taxes than if they were single and filing individually. This can occur when both spouses have relatively high incomes. In such cases, filing separately can sometimes reduce the overall tax burden.
It’s important to note that the marriage penalty doesn’t affect all couples, and its impact varies depending on individual circumstances. A tax professional can help you determine if filing separately can help mitigate this penalty for your specific situation.
Community Property State Laws
The concept of community property is based on the principle that both spouses contribute equally to the marriage, and as such, they should equally share in the assets and debts acquired during the marriage, regardless of which spouse earned or acquired them. This legal framework is in contrast to equitable distribution states, where assets and debts acquired during the marriage may be divided more flexibly based on various factors, including each spouse’s contribution, financial circumstances, and other relevant considerations.
The following U.S. states are considered community property states:
Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin
If you live in one of these community property states, you must report half of all community income as well as all of your separate income on your tax return. You can use IRS Publication 555, Community Property, to determine these calculations.
Conclusion
While filing jointly is often the most straightforward option for married couples, there are certain scenarios where filing separately can be beneficial. Whether you want to protect your individual finances, reduce student loan payments, safeguard your assets, maximize specific tax benefits, or address the marriage penalty, it’s essential to carefully consider your unique financial situation and consult with a tax professional to make an informed decision.
Ultimately, the decision to file separately or jointly should be based on a thorough analysis of your financial circumstances and long-term goals. By understanding when it makes sense to file separately, you can make the most of your tax situation and ensure financial stability for you and your spouse. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses taxes and real estate, including buying, selling, and refinancing your home while owing taxes.
Tax Liens
Real estate transactions can quickly become tricky if you owe taxes and even more so if the IRS places a tax lien on your property. This means that if you sell your home, after the bank is paid, the IRS will then have first dibs on any profits from the sale. That said, it’s not impossible to sell your home while a tax lien is attached to it. However, it might make it more difficult. Plus, you’ll likely lose out on profits. One option you have is to request a lien discharge with IRS Form 14135, Application for Certificate of Discharge of Property from Federal Tax Lien. The IRS may consider discharging the lien if:
You want to take out a loan against the property and use the funds to pay your tax bill and need the lien to be discharged in order to qualify for the loan
You want to refinance your existing home loan so you can afford monthly tax payments
You want to sell the property and agree to pay the IRS the profits of sale up to the lien value
You want to sell or transfer the property but there is no value that the IRS can claim
Refinancing While Owing Back Taxes
When it comes to refinancing while owing back taxes, you’ll need to apply for a lien subordination through IRS Form 14134, Application for Certificate of Subordination of Federal Tax Lien. This will request that the IRS allows your mortgage refinance lender to move ahead of the tax lien in priority.
Tune in next Friday for another episode of “Ask Phil.” Next week’s topic: tax extensions!
