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Ask Phil: Penalties and Interest

Today, Optima Tax Relief’s Lead Tax Attorney, Phil Hwang, discusses penalties and interest, including the most common penalties and how interest rates are calculated. 

Failure to File Penalties

Owing the IRS is much more than just owing a tax balance. The IRS also charges penalties and interest, the most common penalties being the Failure to File and Failure to Pay. The Failure to File penalty is charged on tax returns filed after the tax deadline or tax extension deadline without a reasonable cause. It accrues at a rate of 4.5% per month, beginning after taxes are due. For example, if you filed for a tax extension, you have until the usual October 15th deadline to file before penalties and interest begin to accrue. In 2023, the deadline is October 16th. If you did not file an extension, the deadline is April 15th  each year before the Failure to File penalty and interest begin to accrue. In 2023, the deadline was April 18th.   

Failure to Pay Penalties

The Failure to Pay penalty, on the other hand, accrues at 0.5% per month for every month or partial month that a tax balance remains unpaid. The day the Failure to Pay penalty begins to accrue is dependent on whether you filed a tax extension. If you file a tax extension, the Failure to Pay penalty will begin to accrue after the October tax deadline. If you do not file an extension, it will begin to accrue after the April tax deadline.  

IRS Interest Rates

The interest rates on these penalties are calculated based on the federal short-term rate, plus an additional 3%. Interest compounds daily until the balance is paid in full. The interest rates for underpayments in the first quarter of 2024 are as follows: 

  • 7% for individual underpayments  
  • 9% for large corporate underpayments 

Interest rates are determined each quarter. You can find the most up to date news on quarterly interest rates on the IRS website. 

Next week, Phil will discuss IRS enforcement. How long does the IRS have to collect back taxes? Can back taxes affect your credit score? Stay tuned for “Ask Phil” next Friday!  

If You Are Being Hit with IRS Penalties and Interest, Contact Us Today for a Free Consultation 

Marriage Bonuses vs. Marriage Penalties

Marriage Bonuses v Marriage Penalties

Marriage can be a wonderful milestone in life. But in the midst of planning a wedding and a future with your significant other, you may not be thinking about how your new union will affect your tax bill. One critical tax factor to examine is the concept of marriage bonuses and marriage penalties. These terms refer to how marriage can affect a couple’s tax liability. In this post, we will look at the fundamentals of marriage bonuses and marriage penalties, as well as how they might affect a couple’s tax situation as a whole.  

What is a marriage bonus? 

A marriage bonus happens when a married couple’s combined tax liability is less than the sum of their individual tax liabilities if they filed as single individuals. This is most common when one spouse earns much more than the other. By combining their wages, the couple can take advantage of reduced tax brackets, tax credits, and deductions that they might not have had access to as single filers. 

Here’s an example. Let’s say an unmarried couple has a combined income of $120,000, one person earning $0 and the other earning $120,000 in 2023. As single filers, the first person would have a $0 tax liability, while the second higher-earning person would have a tax bill of $18,876. If this same couple got married and filed jointly, their combined tax liability would be just $10,921 because they would be able to claim a larger standard deduction and would be taxed at a lower marginal tax rate. 

What is a marriage penalty? 

Conversely, a marriage penalty arises when a couple’s combined tax liability as a married couple is higher than their total tax liability if they were still filing as single individuals. Because merging incomes in joint filing can drive both spouses into higher tax brackets, couples with similar incomes are more likely to pay marriage penalties than couples with one spouse earning the majority of the income. 

Another factor to consider when calculating the marriage penalty for high-income earners is the net 3.8% investment income tax. This tax is levied on single filers with an adjusted gross income of $200,000 or more, as well as married filers with an adjusted gross income of $250,000. In addition, these same taxpayers will also be subject to an additional Medicare tax of 0.9% on earnings over $200,000 for single filers, and over $250,000 for married couples filing jointly.  

Beyond federal marriage penalties, some states also impose their own marriage penalties, including California, Georgia, Maryland, Minnesota, New Mexico, New Jersey, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Vermont, Virginia, and Wisconsin.  

How can I avoid a marriage penalty? 

Understanding your tax situation as a married couple is essential for efficient tax planning. For example, you can always calculate different scenarios to estimate your tax liability before filing. Filing separately rarely results in a more advantageous outcome for couples, but you may find yourself under these special circumstances. You should also explore all eligible deductions and credits to reduce your overall tax liability. Married couples who file jointly have access to several tax credits, including the Earned Income Tax Credit, education credits, and the Child and Dependent Care Tax Credit. Be aware of phase-out limits that might affect your eligibility. If you’re still unsure how to navigate marriage penalties and bonuses, consider consulting a tax professional. Doing so 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 just like you.  

Contact Us Today for a Free Consultation 

Optima’s Visit with The IRS – 5,000 New Agents, Strategic Operating Plan, & more.

Optima CEO David King and Lead Tax Attorney Philip Hwang are back from their trip to Washington D.C., where they met with members of Congress and the IRS’s new leadership to discuss what’s new in the tax world. Here is Phil and David’s recap of Optima’s visit with the IRS, including the IRS’s Strategic Operating Plan, 5,000 new customer service agents, the changes the agency’s new commissioner has already implemented and what you as a taxpayer can expect moving forward.

Contact Us Today for a Free Consultation 

Tax Implications of Selling a House

tax implications of selling a house

Selling a home can be a huge financial decision with numerous factors to consider. One of the most important factors might be the tax implications. While most might be eager to make a huge profit from selling their home, it is critical to understand the tax rules and regulations that apply to this transaction in order to be prepared and make informed decisions. In this post, we will look at the primary tax implications of selling a house. This will include potential capital gains taxes and exemptions, as well as crucial homeowner concerns. 

What are capital gains taxes? 

Some may be shocked to learn that not every home sale needs to be reported to the IRS. That said, if you’re not exempt from reporting your home sale to the IRS, the potential capital gains tax is one of the most important tax implications of selling a house to worry about. Capital gains taxes are taxes paid on the profit made when an investment is sold. These investments can include stocks, bonds, NFTs, jewelry, and of course real estate. Capital gains taxes are extremely complex. Therefore, here we will only be focusing on the capital gains taxes paid after the sale of a home. 

Do I have to pay taxes on the profit I made from a home sale? 

Whether you’ll have to pay taxes on the profit you earned from the sale will depend on two factors. These are how much profit you earned and how long you owned and lived in the home before the sale.  

If you owned and lived in the home for at least two of five years before its sale, you may exclude up to $250,000 of the profit from your taxable income. This amount increases to $500,000 if you are married filing jointly. If your profit exceeds the limit ($250,000 or $500,000 for married couples filing jointly), then the excess will be subject to capital gains taxes reported on Schedule D.  

There are some important things to note when determining your eligibility for this tax break. First, you do need to live in the home for two years out of five before its sale. However, those two years do not need to be consecutive. Therefore, the home mustve been your primary residence for two out of the five years before selling it. Finally, you can only exclude this profit from your taxable income if you have not excluded the gain on the sale of another home within two years before this sale.  

How does capital gains tax work in the sale of real estate? 

Let’s look at a few scenarios on how to calculate capital gains tax. Assume you as a single filer purchased a townhome for $350,000 and used it as your primary residence for five years. After five years, you decided to sell the home for $450,000. No capital gains tax would be due because the profit of $100,000 does not exceed the single filer’s exempt amount of $150,000.

Here’s another example. Assume you are a single filer who purchased a home for $400,000. After living in the home for two years, you decide to rent it out. Three years pass and you decide to sell the house for $550,000. Because you lived in the home for two of the previous five years and because the profit earned on the house does not exceed the $150,000 exempt amount, no capital gains tax is owed. 

Now let’s assume you and your spouse file jointly. You purchase a home for $300,000 and many years later you decide to downsize. You sell your home for $1 million, earning a profit of $700,000. Since this amount exceeds the exempt amount of $500,000 for married couples filing jointly, you and your spouse will owe capital gains tax on the excess amount of $200,000 ($700,000 – $500,000).

2023 Capital Gains Tax Rates

Your capital gains rate will depend on your taxable income in the year the home is sold. In 2023, these rates are:  

Filing Status 0% Tax Rate 15% Tax Rate 20% Tax Rate 
Single Up to $44,625 in taxable income $44,626 to $492,300 in taxable income Over $492,300 in taxable income 
Head of Household Up to $59,750 $59,751 to $523,050 Over $523,050 
Married Filing Jointly and Surviving Spouses Up to $89,250 $89,251 to $553,850 Over $553,850 
Married Filing Separately Up to $44,625 $44,626 to $276,900 Over $276,900 

Let’s assume that same couple had a combined income of $300,000 in 2023, the year their house was sold. This would subject them to the 15% capital gains tax rate. This would then result in $30,000 in capital gains tax due (15% of $200,000 profit).  

How do I figure out my actual gain or loss on a home sale? 

While the above scenarios are helpful in understanding how capital gains tax works, these really are the simplest of examples. Finding out the actual cost of your home and actual gain or loss can quickly become a complex task. Determining your actual cost involves calculating the amount invested into the home through capital investments, like a new roof, updated HVAC, or a remodeled bathroom. Adding these expenses, along with any special tax assessments paid or expenses paid to restore damage after a disaster, to your purchase price will give you what’s called your adjusted basis. Your adjusted basis will help you decrease the amount of gain on the sale since it can increase the cost of your home.  

From there, you will need to subtract credits received from your home. These can include: 

  • Energy efficiency credits 
  • Insurance reimbursements 
  • Casualty losses from disasters or accidents 
  • First-time homebuyer credits 

After factoring in all these costs and credits, you’ll be able to figure out the adjusted basis that can be subtracted from your sale price to find your actual gain or loss.  

Tax Help for Homeowners  

It goes without saying that selling a home can be a very complex process, especially when factoring in the tax implications that can follow. If you are not familiar with the tax implications of selling a home, especially at a large profit, it is highly advisable to reach out to a qualified tax professional. Taking a chance and handling things on your own can quickly result in costly errors on your tax return and unwanted encounters with the IRS. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.  

Contact Us Today for a Free Consultation 

Many Erroneous CP14s Have Been Issued – Here’s What You Need to Know

irs notice cp14

IRS Notice CP14 is sent to taxpayers to inform them of an outstanding balance on their federal tax account. It serves as a bill for unpaid taxes. It includes details such as the amount owed, accrued interest, and any penalties incurred. While receiving this notice might not be a shock for many, some taxpayers impacted by a declared disaster area may be surprised to see a CP14 in their mailbox despite IRS promises of tax relief. If you are one of these taxpayers who mistakenly received IRS Notice CP14 despite being in a disaster area, don’t panic. Many erroneous CP14s have been issued by the IRS. Here is what you need to know. 

Which disaster areas qualify for automatic tax extensions? 

The IRS has continued to issue automatic tax extensions to those impacted by natural disasters. These areas have included impacted counties of the following 12 states: 

  • California 
  • Florida 
  • Oklahoma 
  • Indiana 
  • Tennessee 
  • Arkansas 
  • Mississippi 
  • New York 
  • Georgia 
  • Alabama 

It also includes the impacted areas of Guam and the Mariana Islands. A full list of impacted qualified disaster areas can be found at https://www.irs.gov/newsroom/tax-relief-in-disaster-situations. All taxpayers in impacted areas were automatically given an extension of time to file. They might’ve also received an extension to pay until October 16, 2023, or another form of tax relief.  

Why did I receive a CP14 if I’m in a disaster area? 

IRS Notice CP14s have been sent out because the IRS is legally required to if a balance is due. However, many Californian taxpayers living or working in disaster areas have received this notice which demands payment to the IRS within 21 days. Unfortunately for Californians impacted by disaster, this sends mixed messages. The IRS has issued guidance to let these taxpayers know that they do indeed have until October 16, 2023 to file and pay their 2022 taxes.  

What should I do if I received a CP14 if I’m in a disaster area? 

If you received IRS Notice CP14 but you have been given an automatic tax extension due to disaster relief, you do not need to worry about submitting payment within 21 days as the notice instructs. In fact, these letters should also include a specific insert stating that the payment date indicated in the letter does not apply to anyone covered by a disaster declaration, and that the disaster dates still apply. 

While it may seem counter-intuitive, affected taxpayers do not need to call the IRS for confirmation. Doing so may result in extremely long wait times. The IRS has issued an apology for the confusion this has caused. At Optima, we understand how intimidating an IRS notice can be.  

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

Ask Phil: Liens

Welcome to our Ask Phil series, where each week our lead Tax Attorney, Philip Hwang will be answering your questions about various tax topics such as IRS enforcement, liens and levies, tax scams, and more. With Phil’s extensive background as a tax attorney, you won’t want to miss this valuable information! 

Today, Phil discusses liens, including when to worry about them and how to get them removed.  

What is a Tax Lien?

A lien is a legal claim against all of your property when you fail to pay a tax debt. A lien is private information only known to you and the IRS. That is until they file a Notice of Federal Tax Lien. This essentially means that the IRS alerts all creditors that they have the first claim over all of your assets, from property to vehicles to bank accounts. At this point, the federal tax lien becomes public information, meaning that anyone can find out about your tax debt. This can affect your access to credit, business opportunities, and even employment.  

How to Get a Lien Removed

Once a federal tax lien is in place, the best way to get it removed is to pay your tax debt in full. Once the balance is paid in full, the IRS typically releases the lien within 30 days. However, sometimes other options may be available. For example, a process called lien subordination allows creditors to outrank the IRS. This basically makes it possible for you to refinance your home. It’s important to note that this does not remove the tax lien attached to your property. To find out if you’re eligible for lien subordination, you should file IRS Form 14134, Application for Certificate of Subordination of Federal Tax Lien, with the help of a knowledgeable tax professional.  

Tune in next Friday as Phil covers the important topic of penalties and interest! 

If the IRS Has a Lien on Your Property, Contact Us Today for a Free Consultation 

Understanding Tax Withholding

understand your withholdings

Tax withholding is a concept that many individuals encounter throughout their lives, whether as employees, freelancers, or business owners. Withholding too little tax from your paychecks can result in a tax bill during tax time, while withholding too much tax can result in smaller paychecks than necessary. That being said, understanding tax withholding is crucial because it directly affects your income, tax liability, and financial planning. Here is a breakdown of withholding. 

What is tax withholding? 

Withholding is essentially the amount of income tax that your employer deducts from your paycheck. This amount is then sent to the IRS on your behalf. This is because the IRS requires taxes to be paid as income is earned. Withholding allows us to do this easily and efficiently without risking owing a large tax bill later. How much income tax is deducted is up to you as withholding can be adjusted at any time. However, there are other types of taxes that are deducted from your paycheck including Social Security tax, Medicare tax, and state or local taxes. 

How does tax withholding work? 

When you start a new job, your employer will ask you to fill out IRS Form W-4, Employee’s Withholding Certificate. This form will ask for information, including your name, address, social security number, and filing status. If you have dependents, multiple jobs (including your spouse’s), or other adjustments, you can also note them on the form. Once you sign and date the form, you can give it to your employer, and they will withhold taxes accordingly. Remember, a new Form W-4 can be submitted at any time. In fact, a new W-4 should be submitted each time you experience a life change that requires more or less taxes withheld. For example, having a child, getting married, or getting a second job might require your withholding to be updated.  

How does withholding work for self-employed individuals? 

If you are self-employed or do contract work, you do not have an employer to withhold taxes for you, but this does not mean you are exempt from paying income taxes. Instead, you are required to pay quarterly estimated taxes. Figuring out how much to pay can be tricky. You can use IRS Form 1040-ES to calculate your estimated tax payment and pay this amount to the IRS through check, cash, money order, credit card, or online. Four separate payments are due throughout the year according to a quarterly schedule. For 2024, these due dates are: 

  • April 15, 2024 
  • June 17, 2024
  • September 16, 2024 
  • January 15, 2025

There are a few exceptions to this. You may pay all of your estimated taxes early. You are also not required to make a payment until you earn income that will result in owed tax. It’s crucial to make any necessary payments because if you do not, you may be hit with penalties.  

Why is withholding important? 

As you can see, tax withholding is extremely important because it directly impacts your income, tax liability, and financial planning. If you’re still not sure if you are withholding the correct amount, think back to your most recent tax refund or tax bill. If you had to pay a large tax bill, you likely need to increase your withholding to help minimize your taxes owed. However, if you got a larger than normal tax refund, you likely need to reduce your it. While you might think getting a huge tax refund is ideal, this is essentially an interest-free loan on your own money. That extra money might have been better spent during the year. Tax withholding can get complicated, but Optima can help.  

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

What You Need to Know About Tax Refund Loans

what to know about tax refund loans

It’s no secret that tax refunds are the best part about filing taxes each year. However, the wait times for receiving a tax refund can be unexpectedly long. This is especially true if the IRS has a backlog of unprocessed returns. Enter tax refund loans. You may have heard or read this term while filing this year. But what are they? How do they work? What are the pros and cons of opting for a tax refund loan? Here, we will break down these key questions to help you decide if they are worth considering. 

What are tax refund loans? 

Sometimes referred to as refund anticipation loans (RALs), tax refund loans are intended to provide borrowers with an advance on their anticipated tax refund amount. Borrowers can obtain a portion of their refund virtually immediately rather than waiting for the standard processing time. They usually become available at the beginning of the year through February. Luckily, these loans are easy to qualify for and usually do not require a credit check. 

How do tax refund loans work? 

Typically, a borrower can request a tax refund loan from their tax preparer if they offer this service. Some tax preparation companies do require a minimum refund amount, ranging from $250 to $500. If approved, your tax preparer will open a temporary bank account on your behalf. They will then inform the IRS to send your tax refund to this account. Then you will be issued a loan via paper check, prepaid card, or direct deposit into a personal bank account. Once your tax refund is processed by the IRS and deposited into your temporary account, your tax preparer will then deduct any fees associated with the loan and the tax preparation itself, plus loan interest. The remaining refund will be sent to you.  

What are the pros of tax refund loans? 

Tax refund loans provide you with instant access to a portion of your anticipated tax refund. This allows you to meet immediate needs for cash. Many tax refund loan companies do not charge any upfront fees or interest. This fact makes it a potentially cheaper alternative than other short-term loans. The application process for tax return loans is often simple and involves little documentation. So, it could be a practical choice for people in need of finances right away. 

What are the cons of tax refund loans? 

First, access to a tax refund loan means having to pay for tax preparation fees. This would be a con specifically for those who have simple tax situations that may be used to filing for free. Also, while some tax refund loan companies do not charge upfront costs, they may charge high interest rates or fees, which can considerably diminish the amount of your real tax refund. Taking out a loan against your tax refund presumes that you will receive a refund from the IRS. However, if your refund is less than expected or if you owe taxes, you may end up in a terrible financial situation of owing a lender. 

Should I consider a tax refund loan? 

The value of a tax refund loan is determined by your specific financial status and needs. If you need money right away for an emergency and don’t have any other options, a tax return loan could be a temporary answer. However, the related costs, such as high interest rates and fees, must be carefully considered, and whether the benefits outweigh the potential negatives. If you’re still unsure, you can always speak to a qualified tax professional about 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.  

Contact Us Today for a Free Consultation