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Standard Deduction $2,400
Personal tax credits reduced to $10
No more Hope Credit!
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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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● 4 Filing Statuses on KY return
S, MFJ, MFS
“MFS on this COMBINED Return”
No HOH, QW
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Schedule M for modifications
Schedule A has a few differences
Schedule P for pension exclusion
Family Size Tax Credit in place of EIC
● 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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● 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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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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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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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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● 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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● 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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$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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● Include income not taxed by the federal government
● Exclude income taxed by the federal government but not taxed by Kentucky
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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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● 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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● 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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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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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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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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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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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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● 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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● 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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● 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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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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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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● 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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Can use optional tax table for purchases <$1,000
See 740 instructions for more information
Remember due diligence
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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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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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● 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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● 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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● 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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● 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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● Questions?
● Comments?
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● 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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