KY Returns for 2014 - Aarp-tax-aide

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Kentucky Returns

KY 740 Instructions www.revenue.ky.gov

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KY- What is new in 2014?

Standard Deduction $2,400

Personal tax credits reduced to $10

No more Hope Credit!

KY will now use American Opportunity Credit

Still using Lifetime Learning Credit

Other rules remain the same

Mortgage Debt Relief is no longer an add-back – well, maybe legislation pending

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KY/Federal Differences

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● 4 Filing Statuses on KY return

 S, MFJ, MFS

“MFS on this COMBINED Return”

No HOH, QW

Schedule M for modifications

Schedule A has a few differences

Schedule P for pension exclusion

Family Size Tax Credit in place of EIC

KY/Federal Differences

● Exempt income in KY

 Interest for federal obligations

Retirement income (all or part)

Social Security

Election workers’ income

● 100% adjustment to income in KY

LTC insurance premiums

Health insurance premiums

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KY/Federal Differences

● State income tax not deductible in KY

Local/occupational taxes are deductible

● Qualified mortgage insurance premiums

ARE deductible

● Dependents can claim self on KY return

● Credits in KY

Child & dependent care, 20% of federal

Education, 25% of federal

No EIC

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KY Filing Requirements

Chart A & Chart B used

Special rules for self-employment income

 MUST FILE if gross receipts more than MGI in Chart A

Who is a resident?

 Lived in KY > 183 days

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Must/Should File Quiz 1

Mary, age 17, is claimed on her parents’ return.

Her W-2 shows $2,000 in wages and state tax of $100 withheld. She has no other income.

Must or should Mary file KY return?

SHOULD FILE

Chart A, Family Size 1, MGI not >$11,670

Mary should file to get $100 back

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Must/Should File Quiz 2

Pete, 50, and his wife Sarah, 49 both work. They have three children. They earned $50,000 and had $3,000 state withholding. Must or should

Pete and Sarah file?

MUST FILE

Chart A, Family size 5, MGI >$23,850

Chart B, KY AGI >$3,400

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4 Filing Statuses

● Single

HOH, QW from federal will file as Single

● Married filing separately on this combined return

● Married filing joint

● Married filing separately

Injured Spouse from federal

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Married Filing Separately on This

Combined Return

● Usually lower tax liability than MFJ

● Both take the Standard Deduction

If MFJ, only one standard deduction allowed

● TaxWise allocates income and adjustments

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Personal Tax Credits

 $10 (1 credit) per TP, spouse & dependent(s)

Couple can choose how to split dependents

 65 or older

Additional $40 per TP &/or spouse

 Legally blind

Additional $40 per TP &/or spouse

 Member of National Guard

Additional $20 per TP &/or spouse

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Purpose of Schedule M?

● Include income not taxed by the federal government

● Exclude income taxed by the federal government but not taxed by Kentucky

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Key Additions for Schedule M

Other states’ tax-exempt bonds

Dividends received from regulated investment companies (mutual funds) that are taxable for KY income tax purposes

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Key Subtractions for Schedule M

● State Tax Refund reported on federal return

● Interest from US Government bonds

● Excludable retirement income

 may have Schedule P

● Taxable Social Security & RR equivalent

● Long Term Care Premiums

● Health Insurance Premiums

● Income of active duty military, reserves &

National Guard

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What is the purpose of Schedule P?

● Excludes retirement income from taxation if >$41,110 AND taxpayer is retired from federal, KY state, KY local government or receives railroad retirement board (RRB) benefits.

● Amount earned before 1/1/1998 is exempt

● 100% of RRB benefits are exempt

● Up to $41,110 of what is left can be excluded

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Pension Exclusion

Did taxpayer retire from federal, KY or local government or receive

Supplemental (Tier 2) Railroad

Retirement Benefits?

● If yes, Schedule P is needed when total retirement income is over $41,110.

Did taxpayer retire before 1/1/1998?

● All retirement income earned prior to 1/1/1998 is exempt and not taxed by KY.

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Pension Exclusion Quiz 1

Phil retired from the U.S. Army in 1996.

He received a military pension of $60,000 last year. How much can be excluded?

ALL $60,000

Taxpayer retired prior to 1/1/1998 from the military

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Pension Exclusion Quiz 2

Joe worked for 30 years in the KY legislature, from January 1, 1978 to December 31,

2007. He received $90,000 in pension income last year. He has no other retirement income. How much of his pension can be excluded?

ALL $90,000

$60,000 earned prior to 1/1/1998 is exempt & not part of $41,110

$30,000 earned after 1/1/1998 is excluded

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Pension Exclusion Quiz 3

Sue worked for 25 years at Ford Motor

Company, from January 1, 1977 to

December 31, 1992. She received $81,110 in pension income last year. She has no other retirement income. How much of her pension can be excluded?

$41,110

No Schedule P is required for Sue because she is not retired from federal, state or local retirement systems or the railroad.

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Pension Exclusion Quiz 4

Sarah retired from the railroad in 2011 after

40 years of service and received a Form RRB-

1099-R with Tier 2 benefits of $126,382.

Without using a calculator (because you don’t need one), how much of her benefit is excluded?

ALL OF IT

All railroad retirement is excluded, no matter when taxpayer retired. Check Box 2 on the

1099-R but use 100% as the exempt percentage.

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KY Schedule A

● Taxpayer can itemize on KY even if he/she did not itemize on federal

● KY Standard Deduction is $2,400 for all filing statuses

● Taxpayer cannot deduct state taxes, but can deduct Local /Occupational taxes

● LTC & health insurance premiums do

NOT go on Schedule A

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KY Family Size Tax Credit

● Incomes up to 133% of poverty level qualify for some credit

● Maximum family size is 4

● Taxpayer, spouse in home and qualifying children are included

 Children claimed by noncustodial parent can be included for this credit

 Grandchildren may not carry automatically in

TaxWise but generally meet definition of qualifying child

● Nonrefundable credit

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KY Education Credits

● Form 8863-K

● Must be undergraduate attending an institution with a physical presence in KY

● American Opportunity or Lifetime

Learning Credit

● Nonrefundable credit

● 25% of federal amount

● Can be carried forward 5 years

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Education Credit Quiz 1

Sarah is a senior at Centre College. Her parents were able to claim the $2,500 American

Opportunity Credit on their federal return for her tuition ($12,000) and books she purchased on the internet ($650). What education credit may her parents be eligible for in Kentucky?

Eligible for both credits

American Opportunity Credit is better

$2,500*(.25) = $650

Lifetime Learning Credit

$2,000*(.25) = $500

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Education Credit Quiz 2

Bonnie is single, age 25. She took courses at

Empire Beauty School in Louisville to become a licensed cosmetologist. She has a 1098-T showing tuition paid of $2,500. She has not previously attended any postsecondary programs. She paid for her tuition with a student loan. Can she take an education credit in Kentucky? If so, which one should she take?

Yes, she should take the AOC

AOC would be $2,000 + ($500)*(.25)= $2,125 on federal return

AOC would be ($2,125)*(.25) = $531 on KY return

LLC would be only ($2,500)*(.20)*(.25) = $125

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Kentucky Use Tax

● Out-of-state purchases used in KY are taxed at

KY tax rate (6%)

● If less than 6% tax paid, TP pays difference

● Has been in the tax code since 1960

● More of an issue today because of online sales

● If taxpayer does not pay at least 6% sales tax he or she should:

Pay tax annually on Form 740 OR

File Form 51A113 at the time of purchase

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Kentucky Use Tax

Can use optional tax table for purchases <$1,000

See 740 instructions for more information

Remember due diligence

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Use Tax Quiz 1

Susan did not keep track of her out-ofstate purchases, but she thinks they were about $500. Assume all her purchases are subject to use tax. Her federal AGI is

$92,000 and her KY AGI is $52,000. What should she claim on her Kentucky tax return?

Use tax of $50 using Optional Use Tax

Table

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Use Tax Quiz 2

Jim, a KY resident, went on a shopping spree last year in Virginia. He has receipts for

$1,000 spent on clothing that he brought back to Kentucky. The sales tax rate in

Virginia is 4%. He has not reported any sales to Kentucky. What are the use tax consequences for his Kentucky return?

He should claim $20 in use tax on KY return

$1,000*(.06-.04) = $20

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Kentucky Energy Credit

● Form 5695-K

● Different rules than federal credit

● Windows credit includes installation

● Must be primary residence of taxpayer

● Credit is 30% of expenses

● Up to $500 each year, 2009-2015

 Maximum of $100 insulation, $250 windows & doors, $250 qualified energy property

● Credit can be carried forward ONE year

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Reciprocal States

● Agreements allow taxpayers in these states to be taxed by their state of residence, not where income is earned

● Prevents filing of nonresident tax returns

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Reciprocal States

● May not claim credit for taxes paid to a reciprocal state

Employers should set up withholding for

KY if taxpayer works in a reciprocal state

● Mostly covers wages and salaries

● See 740 instructions for more information

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RECIPROCAL STATES

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Wrapping it up

● Choose Best Filing Status

Always compare MFJ and “Married Filing

Separately on This Combined Return”

● May want to itemize in KY even if taxpayer took standard deduction on federal

● Direct deposit available for refunds only if electronically filed

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Kentucky Returns

● Questions?

● Comments?

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Completion of Certification

● Attended class, including training on Standards of

Conduct, policies & administration?

● Required workbook problems, completed and reviewed?

Beringer, Webster, Austin, Fleming

● Standards of Conduct test, minimum 80% score?

● Advanced test, minimum 80% score?

● Optional HSA test, minimum 80% score?

● KY test, minimum 80% score?

● Turned in the “TWO Training Evaluation”?

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