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Optima Newsletter – August 2023

Tax Tips for Seniors and Retirees

As the golden years approach, seniors and retirees face a new set of financial challenges, with tax planning becoming increasingly important. Understanding the tax implications of retirement income sources, investments, and deductions can significantly impact a retiree’s financial well-being. In this blog post, we’ll explore some valuable tax tips designed for seniors and retirees, helping them navigate the complex tax landscape and make the most of their hard-earned money. 

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$1.5 Billion in Tax Refunds are Unclaimed. Do You Qualify?

The IRS has $1.5 billion in unclaimed tax refunds for tax year 2019 and the deadline to file is approaching quickly. Optima CEO David King and Lead Tax Attorney Philip Hwang provide helpful tips on how to find out if you’re eligible for a tax refund and how to claim it before time runs out. 

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Is Canceled Debt Taxable?

Dealing with debt can be a stressful and overwhelming experience, but imagine finally having a weight lifted off your shoulders when a creditor cancels or forgives a portion of your outstanding debt. While the relief might be immense, it’s essential to understand that canceled debt can have significant tax implications. Many individuals are unaware that in certain circumstances, forgiven debts can be considered taxable income by the IRS. In this article, we will review the concept of canceled debt and its potential tax implications.

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Can I Get Disability If I Owe Back Taxes?

Life can be challenging when facing both financial difficulties and health issues. For individuals experiencing a debilitating condition while also owing back taxes, the situation can seem overwhelming. However, it’s essential to know that there are options available to help ease the burden. In this article, we will explore the process of obtaining disability benefits while managing tax debt, providing a comprehensive guide to assist those in need. 

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How State Residency Affects Your Taxes

how state residency affects your taxes

When it comes to taxes, the old adage “location, location, location” takes on a new meaning. State residency plays a significant role in determining the taxes you owe, as each state has its own tax laws, rates, and regulations. Things get even more tricky if you work and live in two different states. In this article, we’ll delve into the intricacies of how state residency affects taxes and why it’s crucial to understand these implications. 

Defining State Residency 

State residency refers to the place where an individual has established a permanent home and intends to return to when absent. It’s important to differentiate between domicile and physical presence. Domicile refers to the place you consider your permanent legal residence, while physical presence simply refers to your location at a given time. 

Residency and Income Tax 

One of the most notable ways state residency affects taxes is through state income tax. If you live in Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, or Wyoming, you don’t need to worry about income taxes since these nine states do not impose one. The majority of states, however, levy income taxes, and whether you owe taxes in a particular state depends on your residency status, or where your domicile is. States employ different criteria to determine residency status, which can include factors like the amount of time spent in the state, the location of your primary home, voter registration, employment location, location of your children’s school, and driver’s license issuance. 

Statutory Residents 

Keep in mind that you may only have one domicile at a time, and it is where you will spend more than half of the year living. However, for those who consider two states home may be a resident of one and a statutory resident of the other. To figure out if you are considered a statutory resident, you can use the 183-day rule. If you have spent more than 183 days in one particular state, you are considered a statutory resident and may be liable for taxes in that state as well as your main state of residency.  

Dual Residency 

You may find yourself in a situation where you are considered a dual resident. Examples of this might include: 

  • Having homes in two different states 
  • Living in one state while working in another 
  • Living in one state, moving to another, and then moving back to the original state 
  • Moving to another state without establishing domicile there 

This means you’ll likely need to file tax returns in both states and pay taxes based on the portion of income earned while a resident of each state. Dual residency can lead to complex calculations, but it’s essential to accurately report your income and residency to avoid potential penalties.  

Impact on Sales and Property Taxes 

Income tax isn’t the only way state residency can affect your tax obligations. Some states have higher sales taxes or property taxes, which can impact your overall tax burden. Additionally, property tax rates can vary significantly between states, so choosing a state with favorable property tax laws might be an important consideration for homeowners. For example, Texas does not impose an income tax, but they have the sixth highest property tax rates in the U.S. in 2023. 

Conclusion 

State residency has a profound impact on your tax obligations, affecting everything from income taxes to property and sales taxes. Being aware of the residency rules and tax laws in the state you reside in or are considering moving to is vital for accurate tax reporting and minimizing your overall tax liability. As tax laws can be complex and subject to change, consulting with a tax professional or financial advisor can provide valuable insights tailored to your specific situation. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation

How to File Past-Due Tax Returns

how to file past due tax returns

Life can sometimes throw us curveballs, and as a result, important tasks like filing tax returns can fall through the cracks. If you find yourself in a situation where you have past-due tax returns, it’s essential to address the issue promptly to avoid penalties and legal complications. In this article, we’ll walk you through a step-by-step guide on how to file those overdue tax returns and get your financial records back on track. 

Step 1: Gather All Relevant Documents 

Before you begin the process of filing past-due tax returns, gather all the necessary documents. You’ll need income documents, which typically include W-2 forms from employers and 1099 forms for other sources of income. If you misplaced or never received these documents, reach out to the issuing companies to obtain them. You can also request an IRS tax transcript. You should also gather records for deductions and credits. Some examples can include: 

  • Retirement account statements to show proof of contributions 
  • Education expense receipts 
  • Medical bills 
  • Donation slips 
  • Property tax receipts 
  • Mortgage or student loan interest statements 

Finally, having previous tax returns and any other relevant financial information on hand will ensure accuracy when filling out your tax forms. 

Step 2: Obtain and Fill Out the Required Tax Forms 

Visit the IRS website to download the appropriate tax forms for the year(s) you need to file. Make sure you select the correct forms for the specific year(s) you’re filing for. If you are filing using tax software, be sure you purchase the software for the correct year(s) you need to file. Carefully fill out the tax forms using the information you’ve gathered. Be meticulous in providing accurate details to prevent errors and discrepancies. If you’re unsure about any information, seek guidance from tax professionals or consult the relevant tax guides for that year. 

Step 3: Calculate Your Tax Liability and Know Your Options 

Calculate your tax liability based on the information you’ve provided on the forms. If you are using tax software, this amount will be calculated for you based on the information you provide. If something doesn’t seem right with the populated amount, double check your information. Don’t forget to include any deductions or credits you are eligible for to potentially reduce your tax burden. Be thorough to ensure you’re paying the correct amount.  

If you cannot afford your tax bill, don’t ignore the issue. The IRS offers many tax relief options, including installment agreements and offers in compromise. Research your options and consult with an experienced tax professional if necessary.  

Step 4: Mail or E-File the Forms 

Depending on the options available, you can either mail your completed forms or e-file them. E-filing is generally faster and more convenient, and it also reduces the chances of errors since the software will perform necessary calculations. If mailing, use certified mail to track the delivery and ensure your forms reach the tax authorities. 

Step 5: Address Penalties and Interest 

Late filing of tax returns often incurs penalties and interest on the unpaid taxes. Upon filing your overdue returns, the IRS will send you a notice detailing the penalties and interest you owe. It’s important to pay these amounts promptly to avoid further accumulation of charges. Keep in mind that the IRS offers penalty abatement. Look into these options to see if you can get your penalties reduced or removed. 

Step 6: Seek Professional Help 

If you’re overwhelmed by the process, consider seeking assistance from tax professionals. Enrolled agents, certified public accountants (CPAs), or tax attorneys have expertise in navigating complex tax situations. They can help you accurately file your past-due tax returns, communicate with tax authorities, and potentially negotiate penalties if applicable. 

Step 7: Stay Organized Moving Forward 

After successfully filing your past-due tax returns, make a commitment to stay organized when it comes to your taxes. Set up a system for keeping track of your financial documents throughout the year, making the tax-filing process smoother in the future. 

Tax Help for Those with Past-Due Tax Returns 

Filing past-due tax returns might seem like a daunting task, but with careful planning and organization, you can successfully navigate the process. Remember, the sooner you address overdue taxes, the better it will be for your financial well-being. By following this step-by-step guide, you’ll be well on your way to resolving the issue and ensuring compliance with tax regulations. If you’re unsure about any aspect of the process, don’t hesitate to seek professional advice to make the experience as smooth as possible. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

IRS Ends Surprise Visits from Revenue Officers

The IRS recently announced it is ending its longstanding practice of surprise in-person visits to taxpayers. Optima CEO David King and Lead Tax Attorney Philip Hwang provide helpful insight on what communication you can expect to receive from a Revenue Officer moving forward and what you can do to resolve your tax burden with the IRS.

If You Need Tax Help, Contact Us Today for a Free Consultation 

Ask Phil: Maximizing Tax Deductions

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses maximizing tax deductions. 

Everyone wants a big refund. So, how do we know we’re maximizing our deductions to accomplish this? It depends on whether you choose to take the standard deduction or itemize your deductions. Most taxpayers find it more financially rewarding to take the standard deduction. In addition, itemizing deductions can be tedious work and meticulous expense tracking throughout the year. If you itemize, you can deduct expenses like: 

  • Charitable deductions 
  • State taxes paid 
  • Mortgage interest 
  • Property taxes paid 
  • Some medical and dental expenses  

How do you know which option of maximizing your tax deductions is best for you? It depends on how many deductible expenses you had for the year, as well as the standard deduction amount for your filing status. In 2023, the standard deductions are: 

  • $13,850 for single filers and married couples filing separately 
  • $20,800 for heads of household 
  • $27,700 for married couples filing jointly and surviving spouses 

You can fill out a Schedule A on Form 1040 to see the total amount of itemized deductions you have for the year. If your itemized deductions do not exceed the standard deduction for your filing status, you should take the standard deduction as it will result in a lower taxable income.  

Next week, Phil will discuss an important update about IRS revenue officers. See you next Friday! 

If You Want to Maximize Your Deductions, Contact Us Today for a Free Consultation 

What is a Section 179 Deduction?

what is a 179 deduction

When it comes to running a business, one of the key goals is to minimize expenses and maximize profits. One often overlooked avenue for achieving this is by taking advantage of tax deductions. Section 179 of the Internal Revenue Code offers a powerful tool for business owners to significantly reduce their tax liability while investing in essential equipment and technology. In this article, we’ll break down the Section 179 deduction, how they work, and how you can leverage them to benefit your business’s bottom line. 

Understanding Section 179 Deductions 

Section 179 is a provision in the U.S. tax code that allows businesses to deduct the full purchase price of qualifying equipment purchased or financed during the tax year. This deduction is designed to encourage businesses to invest in themselves by providing an immediate tax break for capital expenditures. In other words, instead of depreciating the cost of these assets over several years, you can deduct the entire expense in the year you make the purchase. 

Qualifying Assets 

Not all assets are eligible for Section 179 deductions. The IRS defines eligible assets as tangible personal property used for business purposes. This includes machinery, equipment, vehicles, livestock, computers, and furniture. It also includes some intangible assets such as copyrights, patents, and software that is not custom-made. It’s important to note that the asset in question must be used more than 50% for business-related activities to qualify for the deduction. 

Limits and Maximum Deductions 

While Section 179 deductions can be incredibly advantageous, there are limits to how much you can deduct in a given tax year. For tax year 2023, the maximum deduction limit was $1,160,000, with a spending cap of $2,890,000. This means that if your business spends more than $2,890,000 on qualifying assets, the deduction begins to phase out dollar-for-dollar.  

In addition, there are specific limitations on which vehicles for business use qualify. For example, there is a spending cap on heavy vehicles that weigh between 6,000 and 14,000 pounds. These typically include SUVs, pickup trucks, and commercial vans. In 2023, this cap is $28,900. All other eligible vehicles need to weigh under 6,000 pounds.  

It’s also worth mentioning that real estate is not covered by Section 179 deductions, and neither are land or land improvements. However, there are a few exceptions, including: 

  • Roofs 
  • Fire alarms and other protective systems 
  • Lodging property 
  • Heating, ventilation, and air conditioning (HVAC) property 

Conclusion 

If you don’t qualify for Section 179 deductions, you might try bonus depreciation, which allows businesses to deduct a large percentage of the asset’s purchase price up front. However, the percentage will be decreasing each year per the Tax Cuts and Jobs Act of 2017. Taxpayers can depreciate 80% in 2023, 60% in 2024, 40% in 2025, 20% in 2026, and 0% in 2027. For help figuring out what is best for your business, consider consulting a tax professional. Optima Tax Relief is the nation’s leading tax resolution firm for both individuals and businesses alike. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

GoFundMe: How are Donations Taxed?

gofundme: how are donations taxed?

Crowdfunding is the act of funding a project by collecting small donations from a large number of individuals, often via the internet. GoFundMe is one of the most popular crowdfunding sites that provides a fundraising platform for just about anyone. From education campaigns to medical expenses, GoFundMe makes it easy to raise and collect funds for many causes. But like many other acts that result in free money, taxes are not often considered. Here’s a breakdown of how GoFundMe donations are taxed. 

How do crowdfunding and GoFundMe work? 

Crowdfunding sites, like GoFundMe, provide a way for people to solicit donations from friends, family members, and even strangers who want to support their cause. First, you’ll need to set up a campaign page with a title and description of your cause. You’ll also set a fundraising goal. Once your page is set up, you can share it with others through social media, email, and other channels. People who visit your campaign page can make donations directly through the GoFundMe platform. They do this by using their credit or debit cards, and sometimes third-party payment apps, like PayPal. Once you start receiving donations, you can withdraw the funds from your campaign, less any fees that the site charges.  

Is crowdfunded money taxed? 

The big question everyone wants to know is “Are these donations taxed?” Typically, donations are considered nontaxable gifts in the IRS’s eyes. However, there are a couple of exceptions that can cause the IRS to consider your crowdfunded money taxable income.  

Crowdfunded money is taxable if your donors received something in return for their donations 

If you offer something of value in exchange for a donation, this transaction could instead be viewed as a sale. Since profits from sales are taxed as income, the IRS would view the “donation” as taxable. 

Crowdfunded money is taxable if an employer sets up the fund for their employee 

In this scenario, because the fund was set up by an employer, it is considered additional income. This basically means it is taxed accordingly. 

Crowdfunded money is taxable if someone organized the fund on behalf of someone else but does not give the funded money to them 

In this scenario, the fund would be considered taxable income and would be added to the organizer’s gross income.  

Of course, if you are crowdfunding for a business venture, instead of a personal cause like help with funeral expenses, the answer to this question can become very complicated. Consulting a tax professional is your best option if you are attempting to crowdfund for a business venture. 

How do taxes on donations work? 

What if you’re on the other side of the screen and you are the one making the donations? One key thing to remember is the IRS does not allow you to deduct crowdfunded contributions during tax time. In order to deduct donations, you have to deliver it to a qualified 501(c)3 organization. That said, most GoFundMe pages do not qualify.  However, there is one more tax obligation to keep in mind if you donate large sums of money via crowdfunding. That is the federal gift tax.

The gift tax is a federal levy on gifts over a certain value. Gifts can include money, property, art, vehicles, and more. In 2023, the federal gift tax cap is $17,000. This means you can give a single person up to $17,000 without having to report it to the IRS. If you exceed the limit, you’ll need to file a federal gift tax return via IRS Form 709. However, just because you file this return doesn’t necessarily mean you’ll owe taxes on the gift. You technically won’t owe taxes until you’ve exhausted the lifetime exemption amount, which is $12.92 million in 2023. If and when you finally exhaust the lifetime limit, you’ll be subject to a gift tax rate from 18% to 40%, depending on how much you gifted. 

Tax Help for Crowdfund Donors 

The important thing to keep in mind here is that there are responsibilities on both sides of the aisle, whether you are the organizer of a crowdfunding campaign or a donor. If you are the organizer, always make sure to use the platform responsibly and transparently. Provide accurate information to donors about how their contributions will be used. If you are a donor, stay below the annual gift tax limit as often as possible. When you can’t, or when you finally exhaust the lifetime limit, make all the necessary tax filings and payments. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

Zelle and Taxes: Will I Receive a 1099-K?

zelle and taxes: will i receive a 1099-k?

We’ve been warned about the new 1099-K reporting thresholds for over a year now. However, there is one payment app that is not included in these new policy changes: Zelle. In this article, we’ll give an overview of Zelle, including its features, why it is not required to abide by the new thresholds, and if it’s the right payment app for you. 

What are the new 1099-K reporting thresholds? 

As part of the American Rescue Plan of 2021, the IRS announced some new reporting thresholds for Form 1099-K. Prior to 2023, Form 1099-K, otherwise known as the Payment Card and Third-Party Network Transactions form, is automatically sent out by financial institutions if you earned an aggregate amount of $20,000 in over 200 transactions for goods and services. They are using 2023 as yet another transition year. In tax year 2024, the threshold for IRS Form 1099-K will be $5,000. This increase will serve as a phase-in for the $600 threshold in the future.

What is Zelle? 

Zelle is a digital payment network controlled by a group of banks. These include Bank of America, Capital One, JPMorgan Chase, Wells Fargo, U.S. Bank, and a few others. It allows users to send funds directly to other users, even if they do not have the same bank and even if their bank does not offer Zelle. All you need is the recipient’s email address or phone number to safely send money. 

Why is Zelle exempt from the new 1099-K reporting thresholds? 

So, why is Zelle exempt from this? The answer to this lies in the method they use to transfer funds. With apps like Venmo, PayPal or Etsy, you receive funds in exchange for goods and services. Then those funds are held in the app until you transfer the funds to your bank account. Zelle, on the other hand, does not hold funds. Instead, they do direct bank transfers between users and these transactions are not subject to the IRS’s 1099-K reporting requirements.  

Can I switch to Zelle to avoid receiving a 1099-K? 

Remember, just because you don’t receive a 1099-K for income earned, does not mean you are exempt from reporting your income to the IRS or paying taxes on it. The last thing you want is an IRS audit or worse: the IRS pursuing criminal charges for deliberate concealment of taxable income.  

Tax Help for Those Who Use Zelle and Other Third-Party Payment Apps 

Although we haven’t technically experienced the new change, it is already in effect. If you receive payments through third-party payment apps other than Zelle, you should expect to receive a 1099-K if you earned within the reporting threshold. If you currently collect payments for your small business through Zelle, you will not receive a 1099-K. But beware that this does not mean you are off the hook when it comes to paying taxes. It means you have the additional responsibility of calculating the income earned through Zelle and reporting this income to the IRS during tax time. Optima Tax Relief is the nation’s leading tax resolution firm. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

What is the SALT Deduction?

SALT deduction

If you’ve never heard of the State and Local Tax (SALT) deduction, you’re not alone. But if you have, you may know that it is a topic that often raises eyebrows and sparks debates. For many taxpayers, the SALT deduction plays a significant role in their financial planning and overall tax liability. This is especially true for those who live in a high-tax state. In this article, we’ll delve into the intricacies of the SALT deduction, exploring its mechanics, controversies, and potential implications for taxpayers. 

What is the SALT deduction? 

The State and Local Tax (SALT) deduction allows taxpayers to deduct state and local taxes from their federal taxable income. These deductible taxes typically include state and local income taxes, property taxes, and sales taxes. One key thing to note, however, is you may only deduct either state and local sales taxes or state and local income taxes, but not both. The deduction aims to provide relief to taxpayers by preventing double taxation. In other words, it helps prevent paying taxes at both the state and federal levels on the same income. Taxpayers can deduct up to $10,000 in 2023, or $5,000 if they are married but filing separately. Remember, you may only take the SALT deduction if you itemize your deductions. 

What does the SALT deduction cover? 

The SALT deduction typically covers the following types of taxes: 

  • Income taxes: Whether you are a W-2 employee or self-employed, you’ll be able to find out how much state or local income tax you paid over the tax year.  
  • Property taxes: This tax is a little more complicated and does not come with much guidance from the IRS who advises that some types of payments do not qualify. 
  • Personal property taxes: Typically, you can deduct taxes paid on personal property like a vehicle.  
  • Sales taxes: Deducting sales tax usually requires keeping excellent records. Some taxpayers prefer to deduct state and local income taxes instead because it’s usually calculated for them at the end of the year. However, this is particularly beneficial for individuals residing in states without a state income tax. This is because they can deduct their sales taxes instead. 

Key Points

While these are the primary taxes covered by the SALT deduction, there are limitations.

  • The Tax Cuts and Jobs Act (TCJA) of 2017 introduced a cap on the SALT deduction. It limited the total deductible amount to $10,000 for both single and married taxpayers filing jointly. This cap significantly impacted taxpayers in high-tax states who were accustomed to deducting larger amounts. 
  • Taxpayers must itemize their deductions on their tax returns to claim the SALT deduction. This means that individuals who choose to take the standard deduction won’t be able to benefit from the SALT deduction. 
  • Taxpayers can choose either the state and local sales tax deduction or the state and local income tax deduction, but not both. The choice is typically based on which option provides a higher deduction amount. 
  • The SALT deduction is subject to potential changes in tax law and policy. 

Need Tax Help? Call Optima.

While the SALT deduction provides relief to many taxpayers, its limitations and potential changes have led to ongoing debates about its fairness, distributional impact, and its effect on federal revenue. Taxpayers should stay informed about changes to tax laws and consult with tax professionals to make the most informed decisions regarding their deductions and overall tax planning strategies. If ever unsure about which deductions you are allowed to take, contact an expert tax professional. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

Ask Phil: Private Collection Agencies

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses private collection agencies, otherwise known as PCAs.  

Unbeknownst to some taxpayers, the IRS doesn’t always collect taxes on their own. Sometimes they hire private collection agencies (PCAs). The IRS contracts these agencies to collect overdue tax debt from individuals and businesses.  

That said, if a collection agency contacts you and they are not the IRS, you should still take the warning seriously. Keep in mind that the IRS currently only utilizes the services of three PCAs:  

  • CBE Group Inc. 
  • Coast Professional, Inc. 
  • Conserve 

If another company is trying to collect on the IRS’s behalf, you should report them to the IRS immediately. The IRS will send you Notice CP40 to let you know that your overdue tax account has been assigned to a PCA. 

Taxpayers should keep in mind that once the IRS assigns their account to a PCA, they will no longer be able to claim hardship or submit an offer in compromise. However, getting your case back to the IRS is possible and should be considered if you want the best possible resolution.  

Join us next Friday as Phil will answer your questions about tax deductions, including how to maximize them!  

If Your Tax Account Has Been Assigned to a PCA, Contact Us Today for a Free Consultation