Advanced Tax Training South Carolina Agenda Exemptions Filing Status Earned Income Credit South Carolina Return Alimony State Tax Refund Agenda Business/Self-Employment Income Retirement Income Adjustments to Income Itemized Deductions Foreign Tax Credit Residential Energy Tax Credit Agenda Education Credits Affordable Care Act Tax Provisions Capital Gain or Loss Cancellation of Debt Welcome! Please sign-in and complete the paper work found inside the folder with your name There are a number of training materials inside the folder for you to use throughout training. Please bring these materials back to the B session SaveFirst Advanced Training Overview Advanced Tax Training (A & B Sessions) IRS Advanced Certification • Intake/Interview & Quality Review Exam (Refresher) • Volunteer Standards of Conduct Exam (Refresher) • 2015 IRS Advanced Certification Exam (after Refresher session) Passing Score: 80% or better Must pass before serving at a tax site The Impact You Will Have as a SaveFirst Volunteer this Season SaveFirst served 9,000 families in 2015 Save families over $2.7 million in commercial fees Provide a quality reliable service and an alternative to a costly, predatory industry for hardworking families SaveFirst is launching in Spartanburg and building on the incredible leadership of Wofford accounting professor, Jenny Johnson Exemptions Personal Exemptions Each personal exemption decreases the taxable income Taxpayers can claim exemptions for: • Taxpayer UNLESS the taxpayer can be claimed as a dependent by someone else. • Spouse UNLESS the spouse can be claimed as a dependent by someone else. Personal Exemptions Remember: It’s not whether the taxpayer IS claimed as a dependent, but whether the taxpayer CAN BE claimed as a dependent that determines whether the taxpayer can claim an exemption. Dependency Exemptions Each dependency exemption decreases taxable income A taxpayer can claim exemptions for: • qualifying children • qualifying relatives These qualifying individuals usually live in the taxpayer’s home and generally receive significant support from the taxpayer Determining Dependency Exemptions Open the Publication 4012 to the Exemptions Tab to Table 1: Dependency Exemption ALWAYS BEGIN WITH THIS CHART TO DETERMINE IF A PERSON QUALIFIES AS A DEPENDENT Qualifying Child or Qualifying Relative? If no one else can claim the taxpayer or spouse as a dependent, you need to determine if the other people living in the house can be Qualifying Children, and if not see if they can be Qualifying Relatives Remember: Each dependent decreases the taxable income! Determining Dependency Exemptions Always begin with Table 1: Dependency Exemption to determine if a person can be claimed as a dependent: 1. 2. 3. 4. If answer is NO in Step 9, then the person is a Qualifying Child If answer is YES in Step 9, use Qualifying Child of More Than One Person Table If answer is YES in Step 7 AND parents live apart, use Qualifying Child of More Than One Person Table AND Table 3: Children of Divorced or Separated Parents or Parents Who Live Apart If answer is NO in Steps 5-7, then use Table 2: Dependency Exemption for Qualifying Relative to see if person is a Qualifying Relative Qualifying Child: The Taxpayer Eligibility Test Step 1 If YES: Stop Can you or your spouse (if filing jointly) be claimed as a dependent on If NO: Go to someone else’s tax return this year? Step 2 Qualifying Child: The Marital Status Test Step 2 Was the person married as of December 31st? If YES: Go to Step 3 If NO: Go to Step 4 Qualifying Child: The Joint Return Test Is the person filing a joint return If YES: for this tax year? Stop (Answer “NO” if the person is filing Step 3 a joint return only to claim a refund If NO: Go of income tax withheld or estimated to Step 4 tax paid) Qualifying Child: The Citizenship Test Step 4 Was the person a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada, or Mexico? If YES: go to Step 5 If NO: Stop Note: Taxpayers with ITIN Cards Remember: Taxpayers receive ITIN numbers if they are nonresidents but need to file a tax return and cannot obtain a SSN If a taxpayer lived in the United States all year and has an ITIN card, they will be considered a resident alien for tax purposes A “child” passes the citizenship test in this situation Qualifying Child: The Relationship Test Was the person your son, daughter, If YES: stepchild, eligible foster child, brother, go to Step 6 sister, half brother, half sister, Step 5 stepbrother, stepsister, or a If No: Go descendant of any of them (i.e. your to Table grandchild, niece, or nephew)? 2 Qualifying Child: The Age Test Was the person: under age 19 at the end of the year and If YES: younger than you (or spouse if filing joingly)? OR Go to Step 7 Step 6 a full-time student, under age 24 at the end of the year and younger than you If NO: go to (or spouse, if filing jointly)? OR Table 2 permanently and totally disabled* at any time during the year? “Permanently and Totally Disabled” A person is considered permanently and totally disabled if he or she cannot engage in any substantial gainful activity because of a physical or mental condition, AND A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death Qualifying Child: The Residency Test Step 7 Did the person live with you as a member of your household, except for temporary absences,* for more than half the year? (Answer “YES” if the child was born or died during the year.) If YES: Go to Step 8 (Use Table 3 if parents live apart) If NO: go to Table 2 “Temporary Absences” A child is considered to have lived with you during periods of time when one of you, or both are temporarily absent due to illness, education, business, vacation or military service Qualifying Child: The Support Test Did the person provide more than If YES: Stop Step 8 half of his or her own support* If NO: for the year? go to Step 9 Qualifying Child: The Other Adults Test Is the person a If YES: Go to the chart: QC of More Than One Person qualifying child Step 9 of any other If NO: You can claim this child person? as a dependent. Exercise TRUE or FALSE: Every taxpayer can claim a personal exemption for himself. Exercise – Answer FALSE A taxpayer who can be claimed as a dependent by someone else CANNOT claim an exemption for him/herself. Exercise Rebecca is unmarried with one child, Colin. Colin is 8 years old and lives full time with his mother, who provides all of his support. He is a U.S. citizen, and no other adults live in their household. Can Rebecca claim Colin as a dependent? Use the Publication 4012 Exercise – Answer YES Colin meets all the requirements to be claimed as a qualifying child. Exercise Paul is a U.S. citizen who is 26 years old, permanently disabled, unmarried, did not pay for more than half of his support and lived with his parents for the entire year. Can Paul be claimed as a dependent by his parents? Exercise – Answer YES. Paul meets all the requirements to be claimed as a qualifying child. Determining Dependency Exemptions Always begin with Table 1: Dependency Exemption to determine if a person can be claimed as a dependent: 1. 2. 3. 4. If answer is NO in Step 9, then the person is a Qualifying Child If answer is YES in Step 9, use Qualifying Child of More Than One Person Table If answer is YES in Step 7 AND parents live apart, use Qualifying Child of More Than One Person Table AND Table 3: Children of Divorced or Separated Parents or Parents Who Live Apart If answer is NO in Steps 5-7, then use Table 2: Dependency Exemption for Qualifying Relative to see if person is a Qualifying Relative Qualifying Child of More Than One Person Did any other adult live in your home? What was that other adult’s relationship to the child? Could the other adult be Write these claimed as a dependent questions under STEP 9 in the Pub 4012! by someone else? Qualifying Child of More Than One Person Sometimes, a child meets all of the tests to be claimed by more than one taxpayer. • Example: a mother and a grandmother Parenthood and AGI are taken into consideration in determining who is eligible to claim the child. Use the Qualifying Child of More Than One Person Table Qualifying Child of More Than One Person If only one taxpayer is the child’s parent, the child is the qualifying person of the parent PARENTHOOD TRUMPS ALL Qualifying Child of More Than One Person If two parents claim the same child on separate returns, the exemption goes to the custodial parent (the parent the child lived with for the longer period) If the parents are equal custodial parents, the exemption goes to the parent with the highest AGI PARENTHOOD, THEN AGI Qualifying Child of More Than One Person If neither parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI IF NO PARENT, THEN AGI Qualifying Child of More Than One Person If a parent can claim the child but agrees not to, then the child is treated as the qualifying child of the person who had the highest AGI, but only if the person’s AGI is higher than the highest AGI of any of the child’s parents The taxpayer’s AGI must be higher than AGIs of all other taxpayers who are eligible to claim the child. IF NO PARENT, THEN AGI (IF HIGHER THAN PARENTS) Exercise Janet has a 2-year-old son Jacob and both live with Janet’s sister, Lisa. Janet’s AGI is $25,000 and Lisa’s AGI is $16,000. Both Janet and Lisa meet all of the tests to claim Jacob. If Janet agrees not to claim Jacob, is Lisa allowed to claim him on her tax return? Exercise – Answer No. Lisa is not allowed to claim Jacob, even if Janet agrees, because her AGI is less than Janet’s AGI. Determining Dependency Exemptions Always begin with Table 1: Dependency Exemption to determine if a person can be claimed as a dependent: 1. 2. 3. 4. If answer is NO in Step 9, then the person is a Qualifying Child If answer is YES in Step 9, use Qualifying Child of More Than One Person Table If answer is YES in Step 7 AND parents live apart, use Qualifying Child of More Than One Person Table AND Table 3: Children of Divorced or Separated Parents or Parents Who Live Apart If answer is NO in Steps 5-7, then use Table 2: Dependency Exemption for Qualifying Relative to see if person is a Qualifying Relative What if the parents live apart? The custodial parent generally claims the dependency exemption for his/her child The noncustodial parent can claim the exemption if the parents have signed an agreement • Form 8332 (REQUIRED for post-2008 divorce) • Other legally binding document (if divorce went into effect BEFORE 2009) Division of Benefits: Form 8332 Custodial parent gives noncustodial parent right to claim dependency exemption for • Current Tax Year OR • Group of Years Custodial parent can revoke noncustodial parent’s right—revocation takes effect the tax year after signed Division of Benefits: Form 8332 Normally, only ONE TAXPAYER can claim a particular child for ALL of these benefits: Dependency Exemption Child Tax Credit Head of Household Child & Dependent Care Credit Earned Income Credit Division of Benefits: Form 8332 When parents sign a Form 8332: • Noncustodial parent gets: Dependency Exemption Child Tax Credit • Custodial parent gets: Head of Household Child & Dependent Care Credit Earned Income Credit Exercise Randy has been divorced since 2010. He has one child, Paul (age 5). Paul lives with his mother who provides most of his support. Can Randy claim Paul as a dependent? Exercise – Answer NO. Paul is the qualifying child of his mother; therefore, he cannot be the qualifying relative of Randy, HOWEVER Randy can claim Paul if his mother has signed a Form 8332 Division of Benefits OR if Paul’s mother is not required to file a tax return. Determining Dependency Exemptions Always begin with Table 1: Dependency Exemption to determine if a person can be claimed as a dependent: 1. 2. 3. 4. If answer is NO in Step 9, then the person is a Qualifying Child If answer is YES in Step 9, use Qualifying Child of More Than One Person Table If answer is YES in Step 7 AND parents live apart, use Qualifying Child of More Than One Person Table AND Table 3: Children of Divorced or Separated Parents or Parents Who Live Apart If answer is NO in Steps 5-7, then use Table 2: Dependency Exemption for Qualifying Relative to see if person is a Qualifying Relative Qualifying Relative: The Qualifying Child Test Step 1 Is the person your qualifying child or the qualifying child of anyone else? If YES: Not a qualifying relative If NO: Go to Step 2 Qualifying Relative: The Relationship Test Was the person your son, daughter, stepchild, foster child, or a descendant of any of them? OR Was the person your brother, sister, or a son or daughter of either of them? OR Step 2 Was the person your father, mother, or an ancestor or sibling of either of them? OR Was the person your half brother, half sister, stepbrother, stepsister, stepfather, stepmother, sonin-law, daughter-in-law, father-in-law, mother-inlaw, brother-in-law, or sister-in-law?* If NO, go to Step 3. If YES, go to Step 4 Relationship Test Notes The relatives in the Step 2 are considered “relatives who do not have to live with you” Any of the relationships that were established by marriage are not ended by death or divorce Qualifying Relative: The Residency Test If NO: You Was the person any other person can’t claim (other than your spouse) who this person. Step 3 lived with you ALL YEAR as a If YES: member of your household? Go to Step 4 Residency Test Notes Note that any person who is not one of the relationships in Step 2 MUST live with the taxpayer for all 12 months of year, except for the exceptions below There are exceptions for: • kidnapped children • a child who was born or died during the year • certain temporary absences – school, vacation, medical care, etc. Qualifying Relative: The Gross Income Test Step 4 If NO: You cannot claim Did the person have a gross taxable income of less than the this person. If YES: exemption amount? Go to Step 5 Qualifying Relative: The Support Test Step 5 Did YOU provide more than half of the person’s total support for the year? If YES: You can claim this person as your dependent If NO: Go to Step 6 Qualifying Relative: Multiple Support Tests Step 6 Did another person provide more than half of the person’s total support? If NO: Go to Step 7 Step 7 Did two or more people together provide more than half the person’s total support? If YES: Go to Step 8 Step 8 Did you provide more than 10% of the person’s total support for the year? If YES: Go to Step 9 Step 9 If YES: Did the other person(s) providing more than 10% of the person’s total support for the year provide you with a You can claim an signed statement (Form 2120) agreeing not to claim the exemption for exemption? this person Exercise Roderick, age 29, lives with his uncle. Last year, he worked part-time and earned $2,100. His uncle provided for the rest of his support, including rent and household costs. Can his uncle claim Roderick as a dependent? Can Roderick claim a personal exemption? Exercise – Answer YES. His uncle can claim Roderick as a qualifying relative. NO. Roderick cannot claim a personal exemption because he can be claimed as a dependent. Exercise Gina Brown provides all support for her uncle. Uncle Jim is unmarried, 72 years old, and lives in another city. He has no gross income for the calendar year. Can Gina claim Uncle Jim as a dependent? Exercise - Answer YES. Jim meets all of the requirements to be a qualifying relative of Gina. Filing Status Five Filing Statuses Single Married Filing Jointly Married Filing Separately Head of Household Qualifying Widow(er) with Dependent Child Determining Filing Status Open the Publication 4012 to the Filing Status Tab to Chart: Determination of Filing Status – Decision Tree, Chart: Filing Status, and Chart: Who is a Qualifying Person Qualifying You To File as Head of Household ALWAYS USE THESE CHARTS TO DETERMINE A TAXPAYER’S FILING STATUS Single If on the last day of the tax year (Dec. 31st), the taxpayer was • Not married OR • Legally separated/divorced OR • Widowed IMPORTANT: Some taxpayers considered single can also file under a more advantageous status (HoH or QW). Be sure to check all options! Married Filing Jointly If on the last day of the tax year, • They lived together as a married couple OR • They lived apart but were not legally separated/divorced OR • One spouse died during the year, and the taxpayer did not remarry. Married Filing Separately Married taxpayers can choose to file separately; HOWEVER, • If one spouse itemizes, the other spouse must itemize. • Taxpayers filing with this status are not eligible to claim several tax credits. Be careful! This status generally results in a HIGHER overall TAX. Why Do Some Choose MFS? Sometimes MFS is chosen when one spouse does not want to be responsible for the other spouse’s tax obligations or filing separately may result in a lower total tax (this is rare) Sometimes to avoid an offset of their refund against their spouse’s outstanding debts (child support, student loans, etc.) Note: Even in these circumstances, there may be other options that allow them to file jointly and not be responsible for these debts (Injured Spouse Form) Note If a spouse died during the tax year, and the taxpayer did not remarry, they are considered married for the entire year. The surviving spouse is eligible to file as MFJ or MFS. Surviving spouses that remarry must file with the new spouse, as MFJ or MFS. • The deceased spouse’s filing status becomes MFS. Head of Household This is the most complicated filing status to determine, yet it is one of the most common at SaveFirst tax sites There are two scenarios when a taxpayers can file Head of Household: Head of Household Scenario #1: Married Taxpayers • • • • Must be “considered unmarried”* File a separate return from spouse Maintain more than half the costs of keeping up a home The home is the main home for a dependent child, stepchild, or foster child for more than ½ the year Note: A grandchild does NOT meet this test • The taxpayer claims an exemption for the child “Considered Unmarried” A legally married taxpayer can be considered unmarried if s/he has not lived with the spouse at any time during the last six months of the tax year. Head of Household Scenario #2: Single Taxpayers • Maintain more than half the costs of keeping up a home • A “qualifying person” lived with the taxpayer for more than ½ the year Head of Household: Qualifying Person See Who Is a Qualifying Person Qualifying You To File as Head of Household in the Filing Status Tab of the Pub 4012 for a list of qualifying persons Head of Household: Qualifying Person In general, a qualifying child is a qualifying person • Whether or not the taxpayer claims the exemption In general, a qualifying relative is a qualifying person if: • The taxpayer can claim the exemption for the person • The person meets one of the relationships listed • The person lives with the taxpayer for more than ½ the year Exception: a mother/father who is a qualifying relative does not have to live in the home with the taxpayer Head of Household: Separated Parents Even if the custodial parent has given up his/her right to claim the dependency exemption for a child (Form 8332), s/he can file Head of Household using that child as her/his qualifying person Noncustodial parent can never claim Head of Household Division of Benefits: Form 8332 When parents sign a Form 8332: • Noncustodial parent gets: Dependency Exemption Child Tax Credit • Custodial parent gets: Head of Household Child & Dependent Care Credit Earned Income Credit Qualifying Widow(er) with Dependent Child A taxpayer files QW if his/her • Spouse died recently, AND • The taxpayer did not remarry, AND • The taxpayer has a dependent child (son, daughter, stepson, stepdaughter), AND • The taxpayer provides over half the costs to maintain the main home for himself and the child. Unmarried, Widowed Taxpayer? If the spouse died during the current tax year: Married Filing Jointly If the spouse died during one of the two preceding tax years and taxpayer has a qualifying child: Qualifying Widow(er) If the spouse died three or more years before the current year: Single or Head of Household From Lowest to Highest Tax Burden Married Filing Jointly & Qualifying Widow(er) Head of Household Single Married Filing Separately Exercise Lily left her husband in August of the tax year, but they did not get divorced. She took her children with her, supported them during all of the tax year, and will claim them as dependents. Lily refuses to file a joint return with her husband. Which filing status should she use? Exercise – Answer Married Filing Separately. Because Lily lived with her husband for some part of the last six months of the year, she cannot file as Head of Household. Exercise Em left her husband in February of the tax year, but they did not get divorced. She took her children with her, supported them all year, and will claim them as dependents. Em refuses to file a joint return with her husband. Which filing status should she use? Exercise – Answer Head of Household. Exercise Lane, a single woman, lives alone. She provides full support for her mother, Theresa, who lives in a nearby town. Since Theresa had no income for the year, Lane paid all costs to maintain her home and will claim her as a dependent. What is Lane’s filing status? Exercise – Answer Head of Household. A taxpayer can file as Head of Household on the basis of a dependent parent who does not live with him/her only if the taxpayer pays ½ of the costs of keeping up the parent’s home. Exercise Brian and Ashley were happily married since 1965. They had no children, but Brian’s brother lived with them for the last 10 years. Ashley passed away three years ago. Even after her death, Brian continued to maintain the entire cost for the home and his brother still lived there. What is Brian’s filing status? Exercise – Answer Head of Household Earned Income Credit Refundable Tax Credit Reduces tax liability to zero Taxpayer will receive the remainder of the credit value as a refund. • Earned Income Tax Credit Earned Income Credit Refundable tax credit for low-and-moderate workers to encourage work, offset payroll and income taxes, and help meet basic need The EIC is the largest federal anti-poverty program and has been one of the most successful programs to lift families, especially families with children, out of poverty Earned Income Credit After the Supplemental Nutritional Assistance Program (SNAP), the EIC is largest cash assistance program targeted for low-income families* An estimated 26 million households received more than $60 billion in reduced taxes and refunds in the tax year 2015* *Source: Tax Policy Center (joint project of the Urban Institute & Brookings Institution) Earned Income Credit In the tax year 2012, the EIC lifted an estimated “6.5 million people out of poverty, including over 3 million children” The EIC has been especially successful in providing an incentive for single mothers with children to find work *Source: The Center for Budget and Policy Priorities Encouraging Work and Reducing Poverty Research has also found that children in families who get an income boost from the EIC and CTC quickly show improvements in health and school performance relative to other low-income children who did not receive this extra help In addition, children whose families receive that boost have higher school test scores, on average, and are more likely to go to college and to work and earn more as adults *Source: The Center for Budget and Policy Priorities EIC and Alabama Families 507,000 South Carolina households received EIC in 2012 124,000 South Carolinians were lifted out of poverty by the EIC and CTC combined, including 67,000 children, each year, on average, during 2011 to 2013 The EIC put about $1.2 billion into South Carolina’s economy in 2012 *Source: The Center for Budget and Policy Priorities Earned Income Credit Critics of the EIC have complained that it is too complex, forcing recipients to seek help in filing their return Two-thirds get such assistance, most from paid tax preparers It is our job to provide high-quality tax preparation to ensure these families receive the full amount of the EIC they are eligible for! Earned Income Credit: Maximum Credit Amounts Determining the Earned Income Credit Open the Publication 4012 to the Earned Income Credit Tab Use this tab to help determine if a taxpayer qualifies the Earned Income Credit Earned Income Credit: Eligibility Requirements Rules for everyone: • • • • • • Must have earned income (and AGI has limits) Valid SSNs and U.S. citizens/resident aliens Not Married Filing Separately No foreign earned income Investment income less than a specified amount Taxpayer cannot be qualifying child of another person Earned Income Credit: Eligibility Requirements Rules if taxpayer does NOT have a qualifying child: • Cannot be claimed as a dependent by another person • Must be at least 25 but under 65 on December 31st of the tax year • Must have lived in the United States (and spouse, if MFJ) for more than ½ of the year Earned Income Credit: Eligibility Requirements Rules if taxpayer has a qualifying child: • Qualifying child must have a valid SSN that allows him/her to work • Child must be the taxpayer’s: son, daughter, stepchild, eligible foster child brother, sister, half brother, half sister, stepbrother, stepsister, or descendent of any of them Earned Income Credit: Eligibility Requirements Rules if taxpayer has a qualifying child: • Child must be Under age 19 at the end of the tax year Under age 24 and a full-time student at the end of the tax year Any age and permanently and totally disabled Earned Income Credit: Eligibility Requirements Rules if taxpayer has a qualifying child: • Qualifying child must not have filed a joint return for the tax year Unless the child only filed a joint return with spouse to claim a refund • Must have lived with the taxpayer for more than ½ the year • Must not be the qualifying child of another person Earned Income Credit: Eligibility Requirements Note: Just because a person qualifies as the dependent of the taxpayer does not mean they automatically make the taxpayer eligible for the EIC Child in question must meet the age, relationship, residency, and joint return tests to qualify Earned Income Credit: Qualifying Child of More than One Person Sometimes, a child meets all of the tests to be claimed by more than one taxpayer A child cannot be used by more than one person to claim the EIC The rules for determining who claims the child for EIC are the same as those for determining who claims the the child as a dependent Earned Income Credit: Disallowance EIC can be disallowed for • Reckless or intentional disregard of the rules: 2 years • Fraudulent Claim: 10 Years To claim EIC again, a taxpayer must • Wait full period of disallowance • Submit a Form 8862 with the tax return Example Sharon, who has an earned income and AGI of $15,525, takes care of her sister’s son, Eric. If Eric is 12 years old and began living with Sharon in August, can Sharon claim the EIC? Example – Answer No Sharon’s AGI is too high to claim the EIC alone, and since Eric lived with her for less than half a year, he is not her qualifying child Example Doug and Donna are married and live together with their 4-year-old son Sam. Their combined earned income is $25,000, but they file separately. Doug reports an AGI of $11,000 on his return, and Donna reports AGI of $14,000. Can Doug and/or Donna claim the EIC? Example – Answer No Neither can claim the EIC because both have a filing status of Married Filing Separately Example Doug and Donna are still married and still live together with Sam, but now they decide to file a joint return. Their combined earned income and AGI are $25,000. Can they claim the EIC on this return? Example – Answer Yes Their joint income is low enough to claim the EIC with one qualifying child (Sam) Example Tom is 64 years old, retired and collected $10,000 of social security during the tax year. He does not have any qualifying children. Can he claim the EIC on his return? Example – Answer No Tom does not have any earned income South Carolina Return Who Must File Residents under 65 • Anyone who is required to file an income tax return that includes income taxable by South Carolina Residents of South Carolina are taxed on their entire income, regardless of where earned, unless specifically exempted by law • Any who has South Carolina income tax withheld from wages Who Must File Residents over 65 • Married Filing Jointly (both 65 or older) Gross income must be greater than federal gross income filing requirement + $30,000 • Any other filing status Gross income must be greater than federal gross income filing requirement + $15,000 • Any who have South Carolina income tax withheld from wages Part-Year / Nonresidents Anyone who had South Carolina income tax withheld from wages Part-year or nonresidents whose South Carolina gross income is greater than current federal personal exemption amount Part-Year Residents Taxpayers who moved into or out of South Carolina have two filing options • Full-year resident Taxpayer reports entire income as if they were a resident for the entire year • Nonresident Taxpayer will only be taxed on income earned while a resident and deductions/exemptions will be prorated Personal & Dependency Exemptions Personal and dependency exemption correspond to the federal return Filing Status Filing status corresponds to filing status on the federal return Taxable Income All income is subject to South Carolina income tax unless specifically exempted by state law • This includes all income earned inside and outside of South Carolina However, taxpayers may be eligible for a state tax credit if taxes were paid in another state on the income • The taxpayer may need to file a tax return for another state if they have income earned outside of South Carolina! Nontaxable Income Specific types of income that are nontaxable in South Carolina include: • Disability Retirement Income • Social Security Benefits • Railroad Retirement Income • Retirement Income paid by the federal government for service in the Reserves or National Guard Subtractions from Taxable Income Retirement • An individual under 65 may deduct up to $3,000 of qualified retirement income from taxable income • An individual over 65 may deduct up to $10,000 of qualified retirement income from taxable income Subtractions from Taxable Income Dependents under 6 years old • Additonal personal exemption amount can be subtracted from income Age 65 and older • Beginning in the tax year when a taxpayer reaches 65, he/she is entitled to a $15,000 deduction of income (reduced by an eligible retirement deduction) Standard & Itemized Deductions The standard deduction is the same on the South Carolina as the federal return Taxpayers who choose to itemize on their federal returns can also itemize on their South Carolina returns Nonrefundable Credits South Carolina Child and Dependent Care Credit • Amount is a percentage of the federal C&DC allowed Two-Wage Earned Credit • Available to MFJ couples who both have earned income taxed in South Carolina Refundable Credits Tuition Tax Credit • Individuals (including dependents of taxpayers) that received a high school diploma from a SC high school (or home school, or preparatory school outside of SC while a dependent of a legal SC resident) and • Attend a qualifying institution in South Carolina • May be eligible for refundable credit up to $850 See Impact America staff member if you believe your taxpayer may qualify for this credit Starting the South Carolina Return The South Carolina Return will require choosing a county code for the taxpayer’s county of residence • Residents choose Codes 01 – 46 • Nonresidents choose Code 99 Paying a Balance/Receiving a Refund Much like the federal return, taxpayers can have their refunds directly deposited or they can receive a check Taxpayers can also have their liabilities directly debited or they can send a check IRS Basic Tax Training Overview IRS Basic Tax Training Overview Kevin Kent Exercise • • • • • • Wages Unemployment Social Security Child & Dependent Care Credit Earned Income Credit South Carolina Return Login to TaxWise: • Username: Last Name, First initial (e.g., NELSONS) • Password: Same as user name (must change after login) Alimony Income Alimony A payment to or for a spouse or former spouse under a separation or divorce instrument Person RECEIVING the alimony must report it as income • Note: person PAYING the alimony can take amount as an adjustment – we will cover later on in this training Alimony May include: • Medical bills, housing costs and other expenses Does NOT include: • Child support or voluntary payments outside Alimony vs. Child Support Child support payments from a separation or divorce instrument will stop once the child is grown. Alimony Information You need the EXACT amount from a divorce or separate instrument executed after 1984 Amount of alimony reported on one tax return as income must match the alimony adjustment amount on the spouse’s tax return Alimony Open up Kevin Kent in TaxWise • Enter Alimony on line 11 • Take notes in your TaxWise Training Notes Packet State Tax Refund State Tax Refund Taxpayers who receive a refund of state or local income taxes may receive Form 1099-G listing their refund in box 2. NOT everyone must include their state tax refund as taxable income. Form 1099-G: Certain Government Payments State Tax Refund Prior tax year (PTY) state tax refund may be taxable and need to be reported Conditions in which PTY state tax refund is taxable: • Received a refund on a state return • Itemized Deductions in PTY (Federal) AND • Deducted state income tax instead of state sales tax when itemizing deductions (Federal) State Tax Refund What if taxpayer doesn’t know if they itemized deductions last year? • Ask: “Did you have any mortgage interest, medical expenses, charitable contributions, etc., that you listed on your return last year?” • A taxpayer may not be sure if they did, but often they are very confident that they did not have any of these deductions listed last year State Tax Refund Note: Many taxpayers may have itemized deductions on their state tax returns but NOT their federal tax returns In this case, the previous tax year state tax refund will NOT be taxable on the federal tax return PTY State Tax Refund Answer question in the box on the Form 1040: • If NO: the state tax refund does not need to be reported • If YES: additional steps will be required to report the state tax refund Info Needed from PTY Return To correctly report a state tax refund amount, the following info from the PTY return is needed: • • • • • • State tax refund amount Sch A, line 5a, state income taxes Sch A, line 5b, general sales tax Total itemized deductions amount Filing status Taxable income amount State Tax Refund Open up Kevin Kent in TaxWise • Enter State Tax Refund on Line 10 • Take notes in your TaxWise Training Notes Packet Income: Other Income, Business/Self-Employment Form 1099-MISC Form 1099-MISC: Other Income Reported in box 3 Other income reported in this box is generally: • • • • Prizes Awards Taxable damages (from a lawsuit settlement) Other taxable income Other income in box 3 is classified as unearned income Form 1099-MISC: Federal Income Tax Withheld Reported in box 4 Taxpayers can choose to have federal income tax withheld on other income in box 3 Form 1099-MISC: Nonemployee Compensation Reported in box 7 Nonemployee compensation is paid to an independent contractor Independent contractors work for a company or organization without being considered an “employee” • Freelancers, part-time workers, contractors, interns Form 1099-MISC: Nonemployee Compensation If payment for services from a company or organization is reported in box 7, the taxpayer is being treated as a self-employed worker Self-employment income, also known as business income, is taxed differently than wages/salary Business/Self-Employment Income Income from a personal business (sole proprietor) or independent contractor (nonemployee compensation) Business/Self-Employment Income Why is it important to designate between wages and business/self-employment income? • Federal income taxes are not withheld from business income • FICA taxes are not withheld from business income • However, the taxpayer must still pay federal income taxes and FICA taxes on business income! Business/Self-Employment Income Business/self-employment income can be reported to taxpayers in a variety of ways Form 1099-MISC Form W-2: Wage and Tax Statement See Your Site Coordinator Form 1099-K See Your Site Coordinator Cash Payments Business/Self-Employment Income Having a part-time business (even in addition to another job) may still be self-employment income and need to be reported Remember: Income that was not reported on Form W-2, 1099-MISC or 1099-K still needs to be reported as cash payments. Example Andy works as an independent contractor for a painting company. He received a 1099-MISC from the company that shows he made $10,000. He also received $2,000 in cash payments from a few different people for the work he completed, but he did not receive a 1099-MISC for the $2,000. What is Andy’s total business/self-employment income that needs to be reported? Example – Answer Andy must include the amounts from both the 1099-MISC and cash payments. His total business income that must be reported is $12,000. Business/Self-Employment Income vs. Other Income Business Income • An activity qualifies as a business if: The primary purpose for engaging in the activity is for income or profit The taxpayer is involved in the activity with continuity and regularity Other Income • A sporadic activity or a hobby does not qualify as a business • Hobby: undertaken for pleasure during leisure time (not for profit) Business/Self-Employment Income Terms Business expenses: amounts that are ordinary and necessary to carry on the business • Business expenses are subtracted from gross receipts to obtain the net profit/loss • Net profit/Loss = Gross Receipts – Expenses Cash method of accounting: Reports all income when received and deducts all expenses when paid Business/Self-Employment Income Terms Inventory: the items the taxpayer buys or makes for resale for others Depreciation: the cost of items that are expected to last more than a year should be spread over a period of years, rather than deducted in the year of purchase Business/Self-Employment Income VITA Filing Conditions Less than $25,000 of business expenses Cash method of accounting No inventory Does not want to depreciate assets Must report a profit— no net loss! No employees Business/Self-Employment Income Schedule C & C-EZ Business/Self-Employment Income: Schedule C or C-EZ Schedule C-EZ is just the simplified version of the Schedule C • Use the Schedule C-EZ if there are few business expenses and only one business Less than $5,000 • Use the Schedule C if there are a lot of business expenses and/or more than one business $5,000 to $25,000 Deductible Business Expenses: Advertising Costs associated with promoting the business through various means: • • • • • • Yellow pages Newspapers Magazines Billboards Racing sponsors Television spots Deductible Business Expenses: Car & Truck Expenses A taxpayer who uses a car/truck in a business may be able to deduct the costs of operating and maintaining the vehicle Vehicle expenses are calculated using the standard mileage rate Actual expenses include depreciation, which is out of our scope Deductible Business Expenses: Commissions and Fees Commissions paid to both individuals and businesses Any kind of fee necessary to operate the business Deductible Business Expenses: Insurance Insurance policies and coverage are deductible for the business operation • Property • Automobile (business vehicles only) • Malpractice If the standard mileage rate is used, no deduction is allowed for automobile insurance premiums Health insurance is NOT deductible Deductible Business Expenses: Interest Interest paid on operating loans NOT mortgage interest Deductible Business Expenses: Legal and Professional Services Fees paid to professionals: • Attorneys • Accountants • Appraisers • Engineers Deductible Business Expenses: Office Expense Supplies: • Pens • Paper • Postage • Other necessarily office supplies Deductible Business Expenses: Rent or Lease Rental fees for: • Cars • Trucks • Vans • Machinery, equipment and other personal property Leases of more than 30 days are out of scope Deductible Business Expenses: Repairs and Maintenance Repairs on: • Equipment • Automobiles • Office space • Buildings • Etc. Deductible Business Expenses: Supplies Costs for general operating supplies not associated with the cost of goods sold Remember: business/self-employment income involving inventory is out of scope Deductible Business Expenses: Taxes and Licenses Taxes and license fees paid in the operation of the business: • State and local sales taxes imposed on the taxpayer as the seller of services • Real estate and personal property taxes • Certain licenses and regulatory fees Deductible Business Expenses: Travel/Meals and Entertainment Ordinary and necessary expenses of traveling away from home for business Deductible Business Expenses: Utilities Normal electric, gas, water and telephone No deduction for personal expenses Deductible Business Expenses: Business Mileage Rates If used for business purposes, taxpayer can receive a mileage deduction at the federal rate • Cannot deduct commuting miles Cannot calculate depreciation (out of scope) Business/Self-Employment Income Open up Kevin Kent in TaxWise • Enter Business/Self-Employment on Line 12 • Take notes in your TaxWise Training Notes Packet Retirement Income Employer Funded Defined Benefit Retirement Plans Pensions Civil Service Defined Contribution Retirement Plans Employer Sponsored Annuities 401(k) 403(b) Annuities Retirement Income Taxpayer Funded Individual Retirement Plans IRA Roth IRA Defined Benefit Plans An older, traditional type of pension plan Workers’ retirement benefits are calculated (and thus “defined”) by a formula that takes into account • YEARS OF SERVICE • SALARY HISTORY Defined Contribution Plans More modern type of employer plan Employee controls amount contributed to the plan as well as how the funds are invested Retirement benefits depend on how the fund assets perform and grow Funded primarily by the employee, with the employer often matching contributions to a certain amount Individual Retirement Plans Investing tool used by individual taxpayers to earmark funds for retirement savings Traditional IRA (in scope) and Roth IRA (see Site Coordinator for Roth IRAs) Established by individual taxpayers, who are allowed to contribute 100% of compensation (or selfemployment income) up to a certain dollar amount each year Individual Retirement Plans Offers numerous tax benefits • Contributions to Traditional IRA can be taken as an adjustment to income (dependent on certain conditions) • In general, eventual withdrawal from an IRA is taxed as income; including capital gains on the investment • Because income is likely to be lower after retirement, the tax rate may be lower Individual Retirement Plans Combined with potential tax savings at the time of contributions, IRAs can be a very valuable tax management tool for individuals Also, depending on income, an individual may be able to fit into a lower tax bracket during his/her working years because of the adjustment to income from contributions Defined Benefit Retirement Plans Funded by the employer Monthly set amount based on salary history, years of service Employee pays taxes on payments received Defined Contribution Retirement Plans Employer-sponsored, employee contributes portion of gross salary pre-tax Offers benefits by allowing employee to defer taxes Individual Retirement Plans Funded by individual taxpayers Like DC plans, offers benefits by allowing employee to defer taxes Common Types of Retirement Plans Pension: series of payments for past work (based on salary history and years of service) Defined Benefit Plan 401(k) Plan: part of employee’s gross salary is placed in a retirement plan on a pre-tax basis (not subject to income tax until employee receives it as a distribution from retirement account) Defined Contribution Plan Common Types of Retirement Plans Individual Retirement Arrangements: A personal savings plan that offers tax advantages to set aside money for retirement • Earnings generally accumulate tax free until withdrawn • Types: Traditional Roth: Usually Out of Scope (in scope under certain conditions) SIMPLE: Out of Scope! SEP: Out of Scope! Retirement Forms Retirement income can be reported on: • Form 1099-R Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. • Form CSA 1099-R Statement of Annuity Paid (civil service retirement payments) • Form CSF 1099-R Statement of Survivor Annuity Paid • Form RRB 1099-R Annuities or Pensions by the Retirement Railroad Board (See Site Coordinator for RRB 1099-R) Form 1099-R: Distributions From Pensions, Annuities, Retirement… Form 1099-R: Gross Distribution Reported in box 1 Shows the total amount received during the tax year Amount could be a rollover, or taxpayer may have received it as periodic payments, as non-periodic payments, or as a total distribution Form 1099-R: Taxable Amount Reported in box 2a Shows the total amount that is subject to federal income tax The box MAY be blank and require additional computation to determine taxable amount • See Site Coordinator if box 2a is blank Form 1099-R: Taxable Amount Not Determined & Total Distribution Reported in box 2b ❒Taxable Amount Not Determined indicates that the payer was unable to determine the taxable amount—box 2a should also be blank ❒Total Distribution indicates that the distribution was a total distribution that closed out the account Form 1099-R: Federal Income Tax Withheld Reported in box 4 Reports the amount of federal income tax withheld on the gross distribution Similar to the Form W-2, this amount is determined by filling out a Form W-4P Form 1099-R: Distribution Code(s) & IRA/SEP/SIMPLE Reported in box 7 Distribution Code(s) identify the type of distribution received Only certain distribution types are in scope for VITA Form 1099-R: Distribution Code(s) & IRA/SEP/SIMPLE 1: Early distribution, no known exception (in most cases, under age 59 ½) 2: Early distribution, exception applies (under age 59 ½) 3: Disability 4: Death 7: Normal distribution B: Designated Roth account distribution G: Direct rollover and rollover distribution See the Publication 4012, Income Tab for a full list of box 7 distribution codes (and which are in scope) Form 1099-R: Distribution Code(s) & IRA/SEP/SIMPLE ❒IRA/SEP/SIMPLE indicates that the distribution was from a traditional IRA, SEP, or SIMPLE retirement account ONLY traditional IRAs are in scope Verify with the taxpayer that the amount distributed was from a traditional IRA Form 1099-R: Total Employee Contributions Reported in box 9b For certain plans, an amount may be listed here showing the taxpayer’s contributions to the plan This amount is used to help determine the taxable amount if box 2a is blank (however, you should see Site Coordinator for help in computing this) Form CSA 1099-R: Statement of Annuity Paid Form CSA 1099-R: Statement of Annuity Paid Provides the same information as the Form 1099-R Issued to civil service employees Remember, civil service employees have Defined Benefit retirement plans Form CSF 1099-R: Statement of Survivor Annuity Paid Form CSF 1099-R: Statement of Survivor Annuity Paid Provides the same information as the Form 1099-R Issued to survivors of civil service employees (if the employee elected to have a survivor annuity for spouse and/or children) Remember, civil service employees have Defined Benefit retirement plans Why is it important to determine what category of retirement plan a taxpayer has? Why is it Important…? Some retirement plans are not taxable on the state level It is extremely important to determine what type of retirement plan a taxpayer has because it will change how the form is entered into TaxWise Why is it Important…? Taxable Social Security Taxable Railroad Retirement Taxable Disability Retirement …are NOT taxable in South Carolina if income is due to permanent and total disability Why is it Important…? All retirement plans …may be deductible up to a certain amount ($3,000 under 65 / $10,000 over 65) Why is it Important…? If the taxpayer had taxable retirement income and Did NOT have retirement income that resulted in a federal premature withdrawal penalty (Code 1) In TaxWise… Box 1 Box 2 Box 3 Railroad Retirement Why is it Important…? Note: the exclusion is limited to $3,000 (or $10,000 if over 65) TOTAL per taxpayer and spouse In TaxWise… Box 1 Box 2 Box 3 Railroad Retirement Why is it Important…? If taxpayer filing return is a surviving spouse, s/he is eligible for additional exclusion IF the additional retirement income received is attributable to deceased spouse In TaxWise… Box 1 Box 2 Box 3 Railroad Retirement Why is it Important…? If return is being filed on behalf of both deceased taxpayer and spouse, use box 2 for taxpayer and box 3 for spouse to signify exclusion In TaxWise… Box 1 Box 2 Box 3 Railroad Retirement Example Joe has been receiving his retirement payments for several years since he retired at age 65 and has received a Form 1099-R showing $25,000. How much of Joe’s retirement is taxable on the South Carolina return, and what box should be checked (if any) on the Form 1099-R? Example – Answer $15,000. Joe can exclude $10,000 because he is over 65, and must check Box 1 on Form 1099-R. Box 1 Box 2 Box 3 Railroad Retirement Example Maria, aged 52, fell on hard times and had to take an early distribution (Code 1) of $6,000 from her retirement account to pay for car repairs. How much of Maria’s retirement is taxable on the South Carolina return, and what box should be checked (if any) on the Form 1099-R? Example – Answer All of her retirement income is taxable because her early withdrawal (Code 1) will result in an early withdrawl penalty on the federal return. No box should be checked Box 1 on the Form 1099-R. Box 2 Box 3 Railroad Retirement Example Charles, aged 62, received a Form 1099-R showing a distribution from his pension for $15,000 this year. Unfortunately, his wife, aged 63, passed away this year. He received a Form 1099-R showing $10,000 from her retirement account this year. How much of an exclusion does he get total, and what boxes should be checked on each Form 1099-R? Example – Answer His total exclusion is $6,000 ($3,000 from his account, $3,000 for his wife’s) Box 1 must be checked on Charles’ Form 1099-R, box 2 on his wife’s. Box 1 Box 2 Box 3 Railroad Retirement Box 1 Box 2 Box 3 Railroad Retirement Rollover Refers to transferring the holdings in one retirement account to another Specifically, the retirement account is emptied and distributed to the owner, who then deposits them into a new account for reinvestment This is a TAX-FREE DISTRIBUTION • But still must be reported on the federal tax return • Code G will be in Box 7 of the 1099-R Rollover Why do taxpayers do this? • The money is really not going to be used, it is still be saved for retirement—it’s simply being rolled over into a new qualified retirement savings plan or back into the same retirement account Example: • Julia left her job at Dog Food Company, but wanted to take her 401(k)—Julie is going to take a full tax-free distribution of her account and roll it over to a new qualified retirement savings plan Disability Pension Income Why would a taxpayer have disability pension income? • Perhaps they had an accident that rendered them totally and permanently disabled Disability payments may be coming from a qualified retirement pension plan Disability Pension Income Why is it important to determine if a taxpayer’s 1099-R is for disability pension payments? …because until a taxpayer reaches the retirement age FOR THAT SPECIFIC PLAN, the income will be treated like wages, which might make the taxpayer eligible for the... EARNED INCOME TAX CREDIT Disability Pension Income Why is it important to determine if a taxpayer’s 1099-R is for disability pension payments? …and because disability pension income is NOT taxable in South Carolina, and will be included as taxable income unless inputted correctly into TaxWise. Disability Pension Income Code 3 will be in box 7 on a 1099-R, HOWEVER, you must… • Check to see if taxpayer has reached retirement age for that specific plan If taxpayer isn’t sure, may need to consult retirement paperwork or contact plan manager Don’t just rely on a previous year return—previous tax preparer might not have entered in correctly Disability Pension Income If taxpayer has not reached retirement age, choose Check if disability and taxpayer is disabled and verify that amount appears on the Form 1040 as wages If taxpayer has reached retirement age, do NOT check that box and verify that the amount appears on the Form 1040 as retirement income Additional Tax on IRAS, Other Qualified Retirement Plans, etc. Retirement plans such as IRAs have specific rules governing when the taxpayer can withdraw money from these accounts If certain rules are not followed and an early distribution is taken, additional penalty taxes may be due Additional Tax on IRAS, Other Qualified Retirement Plans, etc. An early distribution is an early withdrawal from a retirement fund, for purposes other than retirement, by a taxpayer who is under 59 ½ Early distributions CAN be subject to an additional 10% tax Additional Tax on IRAS, Other Qualified Retirement Plans, etc. If the distribution on Form 1099-R is Code 1, the taxpayer will be subject to the additional 10% tax, UNLESS an exception applies Certain early distributions are excluded from the early distribution tax (Code 2, 3, and 4) Additional Tax on IRAS, Other Qualified Retirement Plans, etc. Additional Tax on IRAS, Other Qualified Retirement Plans, etc. If a taxpayer has an early distribution CODE 1 on Form 1099-R, you should ALWAYS ask the taxpayer what they used the distribution for to determine if they are exempt from the additional 10% tax! Additional Tax on IRAS, Other Qualified Retirement Plans, etc. Exceptions to the 10% additional tax: • You have unreimbursed medical expenses that are more than 10% of your Adjusted Gross Income • The distributions are not MORE than the cost of your health insurance due to a period of unemployment • You are totally and permanently disabled Additional Tax on IRAS, Other Qualified Retirement Plans, etc. Exceptions to the 10% additional tax: • You are the beneficiary of a deceased IRA owner • The distributions are not MORE than your qualified higher education expenses • You use the distributions to buy, build, or rebuild a first home Additional Tax on IRAS, Other Qualified Retirement Plans, etc. If code 1 (early distribution) is correctly shown in Box 7 of 1099-R, you do not need to complete Form 5329 If an exception applies or if code 1 is incorrectly displayed in Box 7 of 1099-R, Form 5329 must be completed Additional Tax on IRAS, Other Qualified Retirement Plans, etc. If a taxpayer has an incorrect code on a 1099-R, he/she should contact the retirement company and get the issue resolved If the retirement company refuses, then the taxpayer must enter the 1099-R as it is written on the 1099-R • If an additional IRA tax is calculated (due to an early distribution) but it does not apply (because it should actually be a normal distribution), then Form 5329 must be completed to remove the additional tax Retirement Income Open up Kevin Kent in TaxWise • Enter Retirement on Line 15/16 • Take notes in your TaxWise Training Notes Packet Adjustments to Income Total Income (Earned + Unearned) Adjusted Gross Income Adjustments Adjustments to Income Adjustments are basic life expenses that help decrease the amount of taxable income: • • • • • • • • Educator expenses Half of self-employment tax Early withdrawal penalty Alimony paid IRA contributions (traditional) Student loan interest College tuition payments Jury duty pay turned over to employer Educator Expenses Eligible Educators • K-12 teachers, instructors, counselors, principals, or aides • Worked at least 900 hours (part-time) • Ordinary and necessary amounts of: Books Supplies Equipment Educator Expenses Qualified expenses up to $250 are eligible If taxpayer and spouse are both eligible educators, up to $500 are eligible Note: More than $250 (or $500 total for taxpayer/spouse) can be taken as an itemized deduction Half of Self-Employment Tax Self-Employment Taxes • Nonemployees & self-employed must pay an additional tax that covers FICA taxes that weren’t withheld during the year • Note that nonemployees & self-employed workers don’t have an employer to pay ½ of these FICA taxes, so they end up paying the full share Half of Self-Employment Tax Offsets the tax burden placed on individuals who do not have employers to pay half of their taxes Available to all self-employed workers who were required to pay the self-employment tax Penalty on Early Withdrawal of Savings When a taxpayer withdraws savings before maturity, a penalty is incurred • Box 3: Form 1099-INT or Form 1099-OID Taxpayer can deduct these penalties from income Form 1099-INT: Interest Income Alimony Paid A payment to or for a spouse or former spouse under a separation or divorce instrument • Child support and voluntary payments NOT considered alimony Deduct total alimony paid for the entire year, not just one month IRA Contributions Deduction Eligibility Requirements • Only contributions to a Traditional IRA are deductible • Must be under the age of 70 ½ at the end of the tax year • Must have taxable compensation • Contributions must be made by the filing date of the return IRA Contributions Deduction Contribution limit is the lesser of: • Total amount of earned income, or • $5,500 ($6,500 if over the age of 50) Note: these amounts are subject to change IRA Contributions Deduction: Joint Returns If the taxpayers file a joint return and one spouse’s compensation is greater than the other’s compensation, then: • Married taxpayers’combined contributions cannot exceed combined compensation. • Neither spouse can contribute more than $5,500 ($6,500 if > age 50). Student Loan Interest Up to $2,500 of interest paid during the year on a loan for qualified higher education expenses in the name of a: • Taxpayer • Spouse • Dependent Note: Student must have been enrolled at least half-time in a program leading to a degree, certificate, or other credential. Student Loan Interest Eligibility Requirements • Loan was obtained for an eligible student and was paid within a reasonable period of time before/after obtaining the loan • School is: Accredited Qualified to participate in a student aid program or conduct internship/residency programs leading to a degree or certificate Student Loan Interest Eligibility Requirements • Taxpayer is NOT: Married Filing Separately Able to be claimed as a dependent Note: If the taxpayer cannot be claimed as a dependent but his/her parents paid the student loan interest, the student should claim the deduction. Student Loan Interest Qualified expenses: • Include tuition and fees required for enrollment, room and board, transportation, books, and supplies • Usually reported on Form 1098-E or another statement from the lender • Amount must be reduced by scholarships, employerprovided benefits, or tax-free education expenses Form 1098-E: Student Loan Interest Statement Tuition and Fees Deduction Tuition amounts paid by the taxpayer can be taken as an adjustment to income OR used to claim an education credit (if taxpayer qualifies) The tuition and fees deduction can be claimed for the taxpayer, spouse, and/or any qualified dependents Tuition and Fees Deduction Tuition and fees deduction CANNOT be claimed if the taxpayer is: • Married Filing Separately • Able to be claimed as a dependent Note: Only OUT-OF-POCKET expenses can be claimed; you must subtract amounts paid with scholarships and grants Form 1098-T: Tuition Statement Tuition and Fees Deduction Qualified Expenses: • Up to $4,000 in qualified tuition and related expenses; • NOT BOOKS Jury Duty Pay Given to Employer Jury duty pay is taxable income BUT: if that pay is given to the employer, it can be deducted as an adjustment Adjustments to Income TaxWise Walkthrough • Take notes in your TaxWise Training Notes Packet Open up Kevin Kent in TaxWise • Enter Adjustments to Income Itemized Deductions Adjusted Gross Income Exemptions Deductions (Standard or Itemized) Taxable Income Itemized Deductions Every taxpayer can take a specific amount for a “standard” deduction • Reduces taxable income There are certain designated expenses that a taxpayer can choose to list out separately, and, if they total more than the standard deduction, the taxpayer will “itemize” his deductions • Reduces taxable income by a greater amount When to Itemize Deductions A taxpayer can receive a larger deduction by itemizing if he/she has: • At the Federal Level & State Level: Home mortgage payment Large number of medical bills Note: If a taxpayer is MFS and his/her spouse itemizes, the taxpayer must also itemize, regardless of whether the Standard Deduction would be higher Qualifying Expenses Unreimbursed Medical Expenses Charitable Contributions Taxes Home Mortgage Interest Miscellaneous Deductions Unreimbursed Medical Expenses A taxpayer can claim expenses for • Him/Herself • Spouse • Dependents Unreimbursed Medical Expenses Covered Medical Expenses • Unreimbursed medical and dental expenses • Eligible long-term care premiums Be sure the expenses were not paid with pretax dollars or reimbursed by an insurance company. Unreimbursed Medical Expenses Why can a taxpayer not itemize expenses paid with pretax dollars? • NO DOUBLE BENEFITS! • Expenses that were deducted pretax from pay have already given the taxpayer the benefit of a lower taxable income • Cannot use these expenses a second time to lower taxable income again Unreimbursed Medical Expenses Deductible Medical Expenses • Co-pays to doctor, dentist, eye doctor • Prescription drugs • Cost of glasses or hearing aids • Cost of medical equipment Unreimbursed Medical Expenses Deductible Medical Expenses • Health insurance premiums • Long-term care insurance premiums • Cost of surgery, operations • Miles to and from doctor NOTE: For a complete listing of deductible and nondeductible expenses see Site Coordinator Handbook Unreimbursed Medical Expenses Nondeductible Medical Expenses • Life insurance policy premiums • Funeral, burial, cremation costs • Unnecessary cosmetic surgery • Nonprescription drugs NOTE: For a complete listing of deductible and nondeductible expenses see Site Coordinator Handbook Charitable Contributions Qualifying Organizations: Non-qualifying Organizations: • Religious • • • • Charitable Educational Scientific Literary • • • • • Business Civic/Political Social Foreign Homeowners’ Associations Charitable Contributions Deductible Expenses: • Monetary donations • Dues, fees, and assessments • Fair market value (FMV) of clothing, furniture • Uniforms required to be worn during service • Unreimbursed transportation expenses Tolls, bus fare, parking fees, charitable miles IMPORTANT: The taxpayer must keep receipts! Charitable Contributions FMV of Donated Goods • If a taxpayer has made non-cash contributions to charity and does not have receipts, use the following resources to determine the FMV of donated items: • Salvation Army Valuation Guide Charitable Contributions Nondeductible Expenses: • Raffle, bingo, lottery tickets • Tuition • Value of time of service • Blood • Contributions to individuals • The FMV of any good received in exchange for a donation (i.e. t-shirts, cds, tote bags, etc.) Charitable Contributions Limits to Charitable Contributions • Contributions that total more than 20% of their AGI may be able to deduct only a percentage of their contributions, and must carry over the remainder to a later tax year • If taxpayers have >$500 of noncash contributions, they need to be referred to a professional preparer if they want to deduct the full amount. • Form 8283 (OUT OF SCOPE) Charitable Contributions Recordkeeping – cash contributions • Canceled check or bank statement • Written communication from the charity Name of charity, date and amount Charitable Contributions Recordkeeping – noncash contribution • For each contribution < $250 Written communication, description, FMV • For each contribution between $250 and $500 Written communication, description, FMV and acknowledgement of any goods received in return • For each contribution > $500 Refer to professional preparer if taxpayer wants to take full amount Taxes Deductible • Taxes imposed on and paid by the taxpayer in the tax year Nondeductible • Taxes the taxpayer pays for someone else • Taxes someone else pays for the taxpayer • Taxes not paid during the tax year Taxes Deductible • • • • State and local taxes Real estate taxes Personal property taxes State and local taxes on a new car purchase • Ad valorem tax on car tags Nondeductible • • • • Federal taxes Hunting licenses Water/sewer Taxes on alcohol, tobacco, or gas • Utilities State and Local Taxes Taxpayers can choose one of the following, but not both: • Income taxes • Sales taxes County sales tax amounts differ SC state sales tax is 6% TaxWise will make an estimate of sales tax paid based on income Home Mortgage Interest Any interest paid on a loan secured by the taxpayer’s home, line of credit, or a home equity loan. Generally reported on Form 1098 Home Mortgage Interest Only taxpayers who are legally liable for the debt can deduct the interest Taxpayers may have more than one mortgage or may have refinanced and have multiple statements Points: only points paid as a form of interest (for the use of money) can be deducted Form 1098: Mortgage Interest Statement Form 1098: Mortgage Interest Statement Boxes 4 or 5 MAY also report real estate taxes These amounts can be included as an itemized deduction Nondeductible Interest Personal interest • personal loans • car loans • credit cards • etc. Casualty and Theft Losses Out of Scope! Miscellaneous Deductions Union dues Uniforms (that cannot be worn in any other circumstance) Professional books, journals Small tools and supplies, used for business Miscellaneous Deductions Employment-related educational expenses • Includes educator expenses > $250 (after the adjustment) Expenses for looking for a new job Tax preparation fee from last year Safe deposit box Gambling losses up to amount of winnings Nondeductible Expenses Burial or funeral expenses Wedding expenses Fees and licenses Fines, penalties, traffic tickets Home repairs and insurance Rent Insurance premiums (except health and mortgage) Losses from sale of home Example Are the following expenses deductible? 1. Medical insurance premiums 2. Vitamins 3. Federal income tax 4. Interest on car loan 5. Church contribution 6. Tax preparation fee from last year Example – Answer Are the following expenses deductible? 1. Medical insurance premiums - YES 2. Vitamins 3. Federal income tax 4. Interest on car loan 5. Church contribution 6. Tax preparation fee from last year Example – Answer Are the following expenses deductible? 1. Medical insurance premiums - YES 2. Vitamins - NO 3. Federal income tax 4. Interest on car loan 5. Church contribution 6. Tax preparation fee from last year Example – Answer Are the following expenses deductible? 1. Medical insurance premiums - YES 2. Vitamins - NO 3. Federal income tax - NO 4. Interest on car loan 5. Church contribution 6. Tax preparation fee from last year Example – Answer Are the following expenses deductible? 1. Medical insurance premiums - YES 2. Vitamins - NO 3. Federal income tax - NO 4. Interest on car loan - NO 5. Church contribution 6. Tax preparation fee from last year Example – Answer Are the following expenses deductible? 1. Medical insurance premiums - YES 2. Vitamins - NO 3. Federal income tax - NO 4. Interest on car loan - NO 5. Church contribution - YES 6. Tax preparation fee from last year Example – Answer Are the following expenses deductible? 1. Medical insurance premiums - YES 2. Vitamins - NO 3. Federal income tax - NO 4. Interest on car loan - NO 5. Church contribution - YES 6. Tax preparation fee from last year - YES Itemized Deductions (South Carolina Return) If the taxpayer is itemizing deductions on the Federal and State returns you always enter the itemized deductions on Sch A on the Federal return. All of the information from the Sch A carries over to the South Carolina return Itemized Deductions TaxWise Walkthrough • Take notes in your TaxWise Training Notes Packet Open up Kevin Kent in TaxWise • Enter Itemized Deductions Nonrefundable Credits Nonrefundable Credits Remember: Nonrefundable credits directly reduce the tax liability, but only to zero (no refund of additional credit is available) Child & Dependent Care Credit Retirement Savings Contribution Credit Foreign tax credit Residential energy credit Child & Dependent Care Expenses Credit Nonrefundable credit Applied to offset expenses paid so taxpayer can work or look for work • Dependent child under 13 • Spouse who is incapable of self-care • Dependent who is incapable of self-care Child & Dependent Care Expenses Credit: Eligibility Care had to be for qualifying persons Taxpayer (and spouse) had to have earned income • A spouse is treated as having earned income for any month the spouse is physically/mentally incapable of care, or is a full-time student. Child & Dependent Care Expenses Credit: Eligibility Expenses must have been for work or to look for work Payments can’t have been made to taxpayer’s spouse, dependent child or child under 19 Must have care provider’s name, address, and SSN/EIN (due diligence) Child & Dependent Care Expenses Credit: Qualified Work-Related Expenses Expenses must be paid for the care of the qualifying person to allow the taxpayer (and spouse) to work or look for work Care includes the costs of services for the qualifying person’s well-being and protection Child & Dependent Care Expenses Credit: Qualified Work-Related Expenses Expenses to attend Kindergarten or a higher grade: NOT AN EXPENSE Expenses for summer day-camp qualify, but those for over-night camp are not! $3,000 limit for one qualifying person or $6,000 for two or more qualifying persons. Child & Dependent Care Expenses Credit: Notes If you had expenses that met the requirements for the previous tax year, except that you did not pay them until the current tax year, you may be able to claim them on your tax return. Taxpayer’s who cannot provide all of the provider’s information or who have incorrect information may still be able to take the credit if they can show they used due diligence in trying to obtain the info. Retirement Savings Contributions Credit: General Eligibility Requirements A contribution to an IRA or other qualified plan for the tax year AGI limitations (vary based on filing status) Age 18 or older Not claimed as a dependent on someone else’s tax return Not a full-time student during the tax year Retirement Savings Contribution Credit: Form W-2 Retirement Savings Contribution Credit: Contributions Record Contribution information could appear in Box 12 of Form W-2 (typically code D or E) or as a check in Box 13 If contribution information is found is listed somewhere else, ask your Site Coordinator • Box 14 of Form W-2 • Not reported on the W-2 (ask the taxpayer!) Retirement Savings Contribution Credit: Contributions Record How do I know if the taxpayer has made a qualifying contribution? • Form W-2, Box 12 and one of the codes: D, E, F, G, H, S, AA or BB • Form W-2, Box 14 and codes for military personnel: Q or E CAUTION: Entries in box 14 that are treated a employer contributions are NOT eligible for the credit Retirement Savings Contributions Credit: Eligible Contributions Some retirement distributions reduce the eligible contributions for the credit In addition to retirement distributions made during the current tax year, the taxpayer must also reduce eligible contributions for distributions taken during the previous two tax years Foreign Tax Credit Taken if a taxpayer paid income tax to a foreign country; U.S. possession; or political subdivision, agency, or instrumentality of a foreign country Foreign tax paid > $300 is out of our scope! We may see some foreign tax reported on a 1099-DIV or 1099-INT in Box 6 Form 1099-DIV: Dividends and Distributions Residential Energy Credit Two Types of Residential Energy Credits • Residential energy-efficient property credit – OUT OF SCOPE! • Nonbusiness energy property credit Available to a taxpayer: • Who made purchases for qualified energy efficient improvements for his/her main home • Who owns his/her home Nonbusiness Energy Property Credit Non-business energy property (for home improvement): • Heating • Ventilating • Air-conditioning • Insulation • • • • Roofs Water heaters (non-solar) Windows Doors Eligibility Requirements Improvements must be for taxpayer’s main home • The home where the taxpayer lives most of the time • Temporary absences do not change main home Credit is only available for improvements made to existing homes • Cannot claim based on expenses paid during the construction of a home Eligible Expenses Any insulation material or system that is specifically and primarily designed to reduce heat loss or gain of a home when installed in or on such a home Exterior windows and skylights Exterior doors Any metal roof with appropriate pigmented coatings or asphalt roof with appropriate cooling granules that are specifically and primarily designed to reduce the heat gain of your home Eligible Expenses Certain electric heat pump water heaters Electric heat pumps Central air conditioners Natural gas, propane, or oil water heaters Stoves that use biomass fuel Eligible Expenses Qualified natural gas, propane, or oil furnaces Qualified natural gas, propane, or oil hot water boilers Certain advanced main air circulating fans used in natural gas, propane, or oil furnaces Credit Dollar Limits Total combined credit – $500 • For all tax years after 2005 Windows credit limit – $200 For all tax years after 2005 Air circulating fan – $50 Natural gas, propane, oil furnace or hot water boiler $150 Energy-efficient building property – $300 Miscellaneous Nonrefundable Credits TaxWise Walkthrough • Take notes in your TaxWise Training Notes Packet Open up Kevin Kent in TaxWise • Enter Foreign Tax Credit & Residential Energy Credits Education Credits Education Credits Education credits help to offset the cost of higher education expenses paid during the year Two education credits available • Nonrefundable: Lifetime learning credit • Partially Refundable: American opportunity credit General Eligibility Filing status cannot be Married Filing Separately Cannot be claimed as a dependent on someone else’s return Accredited institution CAN claim on the basis of expenses paid with student loans Dependents When the student can be claimed as a dependent: • Taxpayer must claim credit if taxpayer claims the exemption • Student must claim credit if taxpayer does not claim exemption If the taxpayer claims the dependency exemption, any amount paid by the student is considered to have been paid by the taxpayer American Opportunity (Hope) Credit Lifetime Learning Credit Up to $2,500 per eligible student ($1,000 is refundable) Up to $2,000 credit per return Available for the 1st 4 years of college Available for all years Student must be pursuing a degree or recognized education credential Student does not need to be pursuing a degree or credential Student must be enrolled at least half time Available for one or more courses No felony drug conviction on student’s record Felony drug conviction does not apply Expenses include tuition, fees, and course materials Expenses include only tuition and fees Form 1098-T: Tuition Statement Form 1098-T: Payments Received For Qualified Tuition and Related Expenses Reported in box 1 Shows the total payments RECEIVED by the institution in the tax year from any source for qualified tuition and related expenses Form 1098-T: Amounts Billed for Qualified Tuition and Related Expenses Reported in box 2 Shows the total payments BILLED in the tax year for qualified tuition and related expenses Some institutions will only list an amount in box 2 (and will not list the amount RECEIVED in box 1) If there is ONLY an amount listed in box 2, you must ask the taxpayer how much they actually paid during the tax year before using the amount for the credit (or adjustment) Form 1098-T: Scholarships or Grants Reported in box 5 Shows the total of all scholarships or grants administered and processed by the institution The amount of scholarships or grants must be subtracted from the total amount of expenses paid when figuring the credit (or adjustment) Form 1098-T: Amounts for an Academic Period Beginning Jan – March 20XX Reported in box 7 This box will be checked if the amount in box 1 or 2 (amounts RECEIVED and BILLED by the institution) includes amounts paid for an academic period beginning in January AFTER the tax year Form 1098-T: Amounts for an Academic Period Beginning Jan – March 20XX Example: • A taxpayer is filing a 2014 tax return • Box 7 is checked • Box 1 or 2 amounts thus include amounts that were received or billed by the institution for the spring academic period beginning in January – March of 2015 Form 1098-T: Check if At Least Half-time Student Reported in box 8 Shows whether the student is considered to be carrying at least one-half the full-time workload for the student’s course of study at the institution Number of hours considered half-time can vary based on the institution’s policies Qualified Expenses for Credit American Opportunity (Hope) Credit • Qualified tuition and related expenses up to $4,000 per eligible student • Includes expenses for course materials – books, supplies, and equipment needed for a course of study, whether or not they were purchased from institution Qualified Expenses for Credit Lifetime Learning Credit • Expenses include only tuition and fees • Course-related books, supplies and fees are included ONLY if they must be paid to the institution as a condition of enrollment Expenses That Do Not Qualify Room and board Insurance Medical expenses (including student health fees) Transportation costs Personal, living or family expenses Expenses for a course involving sports, games or hobbies, unless it is required for the degree/certificate No Double Benefits The taxpayer CANNOT claim: • Both the American opportunity and lifetime learning credits for the same qualified tuition expenses • Expenses paid with a tax-free scholarship, grant, or other assistance, including Pell grants (in other words, the taxpayer must subtract these scholarships from the total expenses before claiming either credit) No Double Benefits The taxpayer CANNOT claim: • Both an education credit AND the tuition and fees adjustment for the same qualified tuition expenses • Most taxpayers benefit more from the credit, but you should try the expenses as both an adjustment AND a credit to determine which benefits the taxpayer more Qualified Expenses IMPORTANT! Verify with the taxpayer that the amount in Box 1 or 2 of Form 1098-T is actually the amount paid in the current tax year for qualified expenses! Payments for the Next Academic Year Taxpayers can claim payments paid in the tax year for the academic period that begins in January – March of the next tax year Remember: Box 7 will be checked on the Form 1098-T indicating that the amount in box 1 or 2 includes amounts paid for the next academic year Payments for the Next Academic Year Example: • Michael pays $1,500 in December 2015 for the winter semester that begins in January 2016 • He can use the $1,500 paid in December 2015 to compute his credit for his 2015 tax return • However, he cannot count the $1,500 again on his 2016 tax return Form 8863: Education Credits Determining the Amount of the Credit Review the list of qualifying students and expenses and decide which credit is best. Enter each qualifying student and SSN on Form 8863 Enter the students’ qualifying expenses • • • • Include only qualified expenses Are reduced by untaxed benefits (scholarships, grants, etc.) Are reduced by amounts paid in previous years Do not exceed the limit for the credit Nonrefundable vs. Refundable Lifetime Learning Credit • Entirely nonrefundable • Limit to $2,000 PER RETURN (not per eligible student) American Opportunity Credit • Partially refundable – up to $1,000 PER STUDENT • Limit to $2,500 PER STUDENT (not per return) Refundable American Opportunity Credit for Taxpayers under the age of 24 See Your Site Coordinator if you have a taxpayer under the age of 24 claiming an education credit – the taxpayer may or may not be eligible to take the refundable American Opportunity Credit, but the process for determining eligibility is complicated Example James takes one course at a local community college. He received a Form 1098-T showing qualified tuition expenses of $1,000. He lives with his parents, who can claim him as a dependent. Who is entitled to claim the credit? Which credit? Example – Answer If James’s parents claim him, they must claim the credit If James’s parents do not claim him, James must claim the credit Lifetime Learning Credit Example LaQuandra is a sophomore enrolled at UAB fulltime. She provides all of her own support. She paid $10,000 in the tax year for tuition and fees for enrollment to UAB. She received a tax-free scholarship worth $4,000, and paid the rest from a student loan in her name. Can LaQuandra claim an education credit? Which one? How much of her expenses are qualified expenses? Example – Answer Yes American Opportunity Credit Qualified expenses = $6,000 ($4,000) Education Credits TaxWise Walkthrough • Take notes in your TaxWise Training Notes Packet Open up Kevin Kent in TaxWise • Enter Education Credits Affordable Care Act What is the Affordable Care Act (ACA)? The federal government, state governments, insurers, employers, and individuals share responsibility for improving the quality and availability of health insurance coverage in the United States The ACA reforms the existing health insurance market by prohibiting insurers from denying coverage or charging higher premiums because of an individuals pre-existing conditions. The ACA also created the Health Insurance Marketplace (also known as www.healthcare.gov) Healthcare.gov Where taxpayers: • Find information about health insurance options • Purchase health insurance • Obtain help paying premiums and out-of-pocket costs (if eligible) A refundable tax credit, The Premium Tax Credit, is available through the Marketplace and helps eligible taxpayers pay for coverage Shared Responsibility Provision The Affordable Care Act requires individuals to: • Have qualifying health coverage, called minimum essential coverage, for each month of the year • Qualify for a coverage exemption, OR • Make a shared responsibility payment when filing their federal income tax returns This is essentially a tax penalty for not having coverage Use Your Resources! Use the Publication 4012, ACA Tab and Affordable Care Act Survival Kit Guide to help you complete the ACA provisions on the tax return! What is Minimum Essential Coverage? Minimum essential coverage (MEC) is health coverage that satisfies the individual shared responsibility requirement Most health insurance is MEC No proof of coverage is needed. Oral statement from the taxpayer is acceptable, unless normal due diligence leads you to believe the taxpayer’s statement is incorrect Who Needs MEC? Everyone on the tax return needs MEC or a coverage exemption The taxpayer is responsible for the insurance, coverage exemption, or individual shared responsibility payment (penalty) of each person on the return How Many Months Do Taxpayers Need to Have MEC? Everyone needs MEC for every month • A person is considered covered for the whole month if they had coverage for at least one day • A person who was born or died during the year is required to have coverage for every full month alive Types of Minimum Essential Coverage Employer-Sponsored Coverage • Group health insurance coverage for employees under A governmental plan (such as the Federal Employees Health Benefit Program) A grandfathered health plan • A self-insured health plan for employees • COBRA coverage • Retiree coverage Types of Minimum Essential Coverage Individual Health Coverage • Health insurance purchased directly from an insurance company • Health insurance purchased through healthcare.gov • Health insurance through a student health plan Types of Minimum Essential Coverage Government-Sponsored Programs: • Medicare Part A coverage • Medicare Advantage plans • Most Medicaid coverage • Children’s Health Insurance Program (CHIP) ALL Kids (Alabama) Types of Minimum Essential Coverage Government-Sponsored Programs: • Most TRICARE coverage • Veteran Affairs comprehensive health care • Peace Corps volunteer health coverage • Department of Defense Nonappropriated Fund Health Benefits Program • Refugee Medical Assistance Types of Minimum Essential Coverage Other Coverage • Certain foreign coverage • Certain coverage for business owners Does NOT Qualify as MEC There are some health plans that may provide limited benefits but do not qualify as MEC Includes: • Coverage consisting solely of excepted benefits such as standalone dental/vision insurance, disability income insurance, worker’s comp insurance • Medicaid providing only specific medical services (such as family planning, pregnancy-related, etc.) • AmeriCorps and AfterCorps coverage Tax Forms That Show Evidence of Coverage: Form W-2, Form SSA-1099 Tax Forms That Show Evidence of Coverage: Form 1095-A Tax Forms That Show Evidence of Coverage: Form 1095-C What is a Health Coverage Exemption? A reason for not having health insurance that avoids payment of the individual shared responsibility payment Who Needs a Health Coverage Exemption? Anyone without insurance coverage for any month should be screened for exemption eligibility Exemptions: Where Do I Start? Step 1 Does anyone on the tax return already have an exemption in hand from the Marketplace (healthcare.gov)? Marketplace exemptions require an application. If a person applied for an exemption, they should have received an Exemption Certificate Number (ECN) from healthcare.gov (it is a 6 or 7 alphanumeric code) Exemptions: Where Do I Start? Step 2 Is household or gross income under the filing threshold? If YES, everyone on the tax return is exempt from the coverage requirement, and there is no need to consider additional exemptions Exemptions: Where Do I Start? Step 3 If the family does not qualify for an exemption under Step 2, does any individual qualify for an exemption that can be claimed directly on the return? If YES, enter the exemption code on the tax return Exemptions: Where Do I Start? Step 4 For any uninsured individual that does not qualify under Step 2 or 3, does any individual on the tax return qualify for an exemption from healthcare.gov? If YES, see your Site Coordinator for additional help in applying for the exemption and enter “pending” on the tax return Exemptions: Granted By Healthcare.gov Homelessness Eviction in the last 6 months or facing eviction or foreclosure Utility shut-off notice Domestic violence Recent death of a close family member Exemptions: Granted By Healthcare.gov Disaster that resulted in significant property damage Bankruptcy in the past 6 months Debt from medical expense in last 24 months High expense caring for ill, disabled or aging relative Exemptions: Granted By Healthcare.gov Determined ineligible for Medicaid because state did not expand coverage** • Will be common at SaveFirst sites! Other exemptions – see ACA Survival Kit, page 5 If it seems your taxpayer may qualify for a hardship exemption granted from healthcare.gov, see your Site Coordinator! Exemptions: Household/Gross Income Below Filing Threshold Household Income The Modified Adjusted Gross Income (MAGI) of each individual on the tax return with a filing requirement. Include dependent income ONLY IF the dependent has a filing requirement Gross Income All the income received in the form of money, goods, property, and services that is not exempt from tax, including taxable portions of Social Security (do not income dependent income) See Filing Basics tab of Pub 4012 for Filing Thresholds Exemptions: Claimed on the Tax Return Certain noncitizens and U.S. citizens living abroad Federally recognized Indian tribe or eligible for services through the Indian Health Service Member of a health care sharing ministry Incarceration Exemptions: Claimed on the Tax Return Unaffordable Insurance (cost of coverage exceeds 8% of household income) Aggregate cost of employer insurance in unaffordable Short coverage gap (less than 3 months) Full list of exemptions for Individuals claimed on the tax return can be found in Pub 4012, ACA Tab What is a Premium Tax Credit? A premium tax credit (PTC) lowers the cost of health insurance coverage purchased from healthcare.gov PTCs can be either: Taken in advance (payment forwarded directly to the insurer monthly to reduce premiums), OR Taken on the tax return (payment is claimed as a lump sum when filing the return) Premium Tax Credits: Where Do I Start? Step 1 Did the taxpayer or dependent purchase coverage from healthcare.gov? If YES, complete Form 8962 and go to Step 2. If NO, do not complete Form 8962 and STOP. Premium Tax Credits: Where Do I Start? Did the taxpayer receive Form 1095-A, Health Insurance Marketplace Statement? Step 2 If YES, use this to complete Form 8962. All members of a household in a single policy will be on one Form 1095-A (if family members enroll in different policies or made mid-year changes, there will be multiple 1095-As) If NO, call the Marketplace call center and/or check taxpayer’s account on healthcare.gov Form 1095-A: Health Insurance Marketplace Statement Affordable Care Act TaxWise Walkthrough • Take notes in your TaxWise Training Notes Packet Open up Kevin Kent in TaxWise • Enter Affordable Care Act related information Capital Gain or Loss Capital Assets & Investment Income Stocks and bonds, types of capital assets, produce investment income in the form of: • Interest • Dividends • Capital Gains What is a Capital Asset? Most property you own and use for personal purposes or investment is a capital asset Stocks and bonds Homes Household furnishings Cars Gems and jewelry What is a Capital Gain? An increase in the owner’s basis in a capital asset that gives it a higher worth than its purchase price. The gain is not realized until the asset is sold Basis, Long-term, Short-term Generally, an asset’s basis is the original cost to the owner. Capital gains occur if the asset is sold for more than the basis. Capital Gains are classified as either long-term or short-term. This designation is important because long-term capital gains are generally taxed at a lower rate than short-term capital gains. What are Stocks? What are Bonds? A type of security that represents ownership in a corporation and represents a claim on part of the corporation’s assets and earnings. A debt investment in which an investor loans money to an entity (typically corporate or governmental) which borrows the funds for a definite period of time at a variable or fixed interest rate. Bonds are used by companies and governments to raise funds to finance a variety of projects. Owners of bonds are debtholders. Capital Gains on Mutual Funds Capital gains occur when a taxpayer sells, exchanges, or redeems stock, bonds, or other capital assets Sale: Transfer of shares for money Exchange: Transfer of shares for other shares Redemption: Fund reacquires shares in exchange for money or property Sale of Stock Capital Gain Amount Realized Adjusted Basis Gain: amount realized is GREATER than adjusted basis Loss: amount realized is LOWER than adjusted basis Basis & Adjusted Basis Basis: the original cost of the asset to the owner Adjusted Basis: the original cost of the asset to the owner increased or decreased to account for commissions, fees, depreciations, etc. Basis & Adjusted Basis Why is it important to determine the adjusted basis of the asset? Adjusted basis is necessary to compute the gain or loss on a sale. If the basis is not reported, the taxpayer must provide this information If the taxpayer cannot provide their basis, the IRS will deem it be zero Basis Other than Cost Property Inherited (before and after 2010) Inherited property before and after 2010 is the FMV of the property on the date of the decedent’s death Property Inherited during 2010 Special rules apply to property inherited in 2010, and they can be complex – Out of Scope unless the taxpayer can provide the basis and holding period Basis Other than Cost Property Received as a Gift Determination of property received as a gift requires multiple pieces of information and can be complex – Out of Scope Holding Period Short-term Asset is held for one year or less Long-term Asset is held for more than one year Holding period begins the day after property is acquired and continues through the day sold NOTE: INHERITED PROPERTY IS ALWAYS LONG-TERM Why is Determining Holding Period Important? Because short-term gains are taxed at regular income tax rates, while long-term gains are taxed at a lower-rate than the other income reported on the return Mutual Funds Mutual funds are one of the ways individuals invest in capital assets. Mutual funds are made up of a pool of funds collected from many investors for the purpose of investing in stocks, bonds, and other similar assets. Each shareholder participates proportionally in the gain or loss of the fund Mutual Funds Owners of mutual funds may receive both… Form 1099-DIV …reporting capital gain distributions from sales of stock held by the mutual fund in Box 2a. Profits of these sales are reported to shareholders of the fund as capital gain distributions Mutual Funds Owners of mutual funds may receive both… Form 1099-B …reporting the sale of any shares of stock in the mutual fund itself Form 1099-B: Proceeds From Broker and Barter Exchange Transactions Form 1099-B: Description of Property Reported in box 1a Shows a brief description of the item being sold Example, “100 shares of XYZ co.” Form 1099-B: Date Acquired Reported in box 1b Shows the date the items sold were acquired Note that this box may be show various dates if the items were purchased on different days If date acquired is not reported, the return is out of scope unless the taxpayer can provide the dates Form 1099-B: Date Sold or Disposed Reported in box 1c Shows the trade date of the sale or exchange Used to help determine the holding period Form 1099-B: Proceeds Reported in box 1d Shows the cash proceeds, reduced by any commissions or transfer taxes related to the sale, for transactions involving stocks and bonds Used to help determine the capital gain or loss Form 1099-B: Cost or Other Basis Reported in box 1e Shows the basis of the stocks/bonds sold Usually this is it’s cost, but sometimes it is the FMV of the property when inherited Used to help determine the capital gain or loss Form 1099-B: Code, if Any Reported in box 1f A variety of codes can appear in this box The only code in scope for VITA is Code W • Indicates a wash sale • There will also be an amount in box 1g Form 1099-B: Adjustments Reported in box 1g Usually, shows the amount of a nondeductible loss related to a wash sale • This amount corresponds with Code W in box 1f • Out of scope if box 1f is not Code W Form 1099-B: Type of Gain or Loss Reported in box 2 Indicates if the sale is a short-term or long-term gain/loss Form 1099-B: If Checked, Basis Reported to the IRS Reported in box 3 Indicates that the basis reported on Form 1099-B has been reported to the IRS We can still report the capital gain/loss if the basis hasn’t been reported to the IRS Form 1099-B: Federal Income Tax Withheld Reported in box 4 Reports any federal income tax withheld Not required, this will often be blank Form 1099-B: If Checked, Noncovered Security Reported in box 5 If checked, the securities (stocks/bonds) were noncovered securities • Generally, stock purchased before 2011 or stock in most mutual funds purchased before 2012 Box 1b, 1e, and 2 may be blank (date acquired, basis, holding period) and must be provided by the taxpayer—If they cannot be determined, the return is out of scope Form 1099-B: Reported to IRS: ❒Gross Proceeds, ❒Net Proceeds Reported in box 6 If gross proceeds is checked, ask the taxpayer for the amount of commissions/fees paid and add to the taxpayer’s basis If net proceeds is checked, the broker subtracted the commissions and fees from the proceeds (no additional steps required) Information Need from 1099-B to Report in TaxWise Basis or Adjusted Basis Holding Period • Long or Short Term Proceeds from Sale Date Acquired and Sold If any of this information is missing from the Form 1099-B, taxpayer should contact stockbroker; if the basis cannot be determined, the IRS deems basis to be zero. Tax Reporting Statement (Form 1099-B Substitute) Schedule D All capital gains and losses are compiled on Schedule D Schedule D Part I: Short Term Capital Gains/Losses Part II: Long Term Capital Gains/Losses Part III: Summary Sch D is where the information carries over to and the aggregate GAIN or LOSS is reported Form 8949 Form 8949 is used to report the sale or exchange of capital assets Form 8949 Different Form 8949s must be used for each type of transactions The overall gain or loss from from different types of transactions reported on all Forms 8949 are figured on the Schedule D Form 8949 Code A: The taxpayer received a Form 1099-B (or substitute statement) for the short-term transaction and basis of the stock was reported to the IRS Code B: The taxpayer received a Form 1099-B (or substitute statement) but the basis of the short-term transaction was NOT reported to the IRS Code C: The taxpayer had a short-term transaction in which A or B cannot be checked because they did not receive a Form 1099-B (or substitute statement) Form 8949 Code D: The taxpayer received a Form 1099-B (or substitute statement) for the long-term transaction and basis of the stock was reported to the IRS Code E: The taxpayer received a Form 1099-B (or substitute statement) but the basis of the long-term transaction was NOT reported to the IRS Code F: The taxpayer had a long-term transaction in which D or E cannot be checked because they did not receive a Form 1099-B (or substitute statement) Remember Form 8949 If the taxpayer had... • Some sale of stock that was reported on a Form 1099B (or substitute statement) with basis reported to the IRS and • Some sale of stock that was reported on a Form 1099B (or substitute statement) with basis NOT reported to the IRS then.... ...Need multiple Form 8949s Remember Form 8949 If the taxpayer had... • Some sale of stock that was reported on a Form 1099B (or substitute statement) with basis reported to the IRS and • Some sale of stock that was not reported on a Form 1099-B (or substitute statement) ...Need multiple Form 8949s Carryover Capital Losses Capital Losses on sales of stocks/bonds can be deducted from taxable income, reported on Schedule D Capital losses are limited to the lesser of $3,000 ($1,500 if MFS) or the total net loss Carryover Capital Losses Capital Losses on sales of stocks/bonds can be deducted from taxable income, reported on Schedule D Any yearly net loss over $3000 (or $1,500 if MFS) can be carried over to the next year and treated as if it were incurred in that tax year Losses retain their holding period status, and if loss is not claimed in a year, it is forfeited Example Jeff (who is single) had $8,000 worth of capital losses in incurred in 2013. How much loss would he claim on his 2013 return? 2014 return? 2015 return? Example – Answer Jeff would claim: $3,000 worth of loss on his 2013 return $3,000 worth of loss on his 2014 return $2,000 worth of loss on his 2015 return Example Again, Jeff (who is single) had $8,000 worth of capital losses in incurred in 2013. He claimed $3,000 worth of loss on his 2013 return, but forgot to claim any loss on his 2014 return. How much will Jeff claim in capital losses on his 2015 return? Example – Answer Jeff will claim $2,000 worth of loss on his 2015 return. Even though Jeff didn’t claim any loss in 2014, he must decrease his amount of unused loss that should have been claimed in 2014 before claiming any additional loss on his 2015 return. Worthless Securities Worthless securities: stocks or bonds No reasonable hope that investors will get anything for their holding Even if only worth pennies, shares are not worthless Treated as if sold on the last day of the tax year Out of scope for VITA! Sale of Stock: Out of Scope Stock received as a gift Stock received as a part of Employee Stock Option Plan Inherited stock with basis calculated other than using date of decedent’s death Determining the basis of stock acquired from decedent who died in 2010 Bonds or other tax-exempt holdings with basis not determined Example John bought 100 shares of ABC stock at $10 each in 2004. Then, he bought 50 additional shares at $12 each in 2005. He had to pay a commission of $50 to acquire the 2005 stocks. What is his basis in the ABC stock? Example – Answer 100 shares x $10 50 shares x $12 $50 commission $1,650 Example On March 15th, Bill bought 1,000 shares of stock for $15,000, including commission. On March 15th, one year later, he sold 600 shares of the stock for $7,800, net proceeds (shown on a Form 1099-B). Is this short term or long term? Is this a loss or a gain? Example – Answer $7,800 (sales price) ($15,000÷1,000 shares) x 600 shares sold $1,200 Short-term Loss Example Ruth bought 200 shares of XYZ stock for $600. She paid a $50 fee to acquire the shares. She sold all of the shares for $900. She paid a 5% ($45) commission to sell the shares. Her Form 1099-B lists gross proceeds of $900. What is the adjusted basis? What is the gain/loss? Example – Answer $600 (purchase price) $50 purchase fee $45 commission selling fee $695 (Adjusted Basis) $900 (Sales price) $695 $205 (ST gain) Sale of Home Sale of Home Taxpayers can exclude $250,000 ($500,000 if MFJ) of the gain from taxable income • If they meet Ownership AND Use tests • Not excluded gain in two years prior to current sale of home If the taxpayer can exclude all of the gain, it is not necessary to report the sale A loss cannot be deducted, but taxpayers still need to report the loss Ownership and Use Tests In the 5 years preceding date of sale, taxpayer must: • Own the home for at least 2 years (either spouse if MFJ) • Live in the home as his/her main home for at least 2 years (both spouses if MFJ) Can be different 2-year periods Important: If either spouse does not meet requirements, it is OUTSIDE THE SCOPE OF VITA Determining Main Home Taxpayers CANNOT choose their main home! • Must live in the home most of the time • In same location as place of employment, organizations, church, banks • Other family members live there • Address for bills and homestead exemption • Address listed on tax returns, driver’s license, car registration, voter registration Reporting the Gain GAIN = AMOUNT REALIZED – ADJUSTED BASIS Selling Price: Total amount received from sale Amount Realized: Selling Price – Selling expenses Basis: • The price of purchase OR • FMV on date of decedent’s death (inherited property) Adjusted Basis: Additions/improvements useful life > 1 year (pool, roof, additional room, etc.) Reporting the Gain Gains are NOT reported unless greater than the exclusion amount! • Unless taxpayer receives 1099-S (reported, but not taxed) • Report on Part II of Schedule D (Long Term Gains) CANNOT deduct losses: • If taxpayer receives a 1099-S, he/she must report a loss of “0” on Sch D 1099-S: Proceeds From Real Estate Transactions Cancellation of Debt Cancellation of Debt Includes auto loans, credit card debt, medical care, professional services, installment purchases of furniture or other personal property, mortgages, and home equity loans A debt includes any indebtedness for which a taxpayer is liable or which attaches to the taxpayer’s property Generally, if a debt for which a taxpayer is personally liable is canceled or forgiven, other than as a gift or bequest, the taxpayer must include the canceled amount in income Cancellation of Debt Only one type of cancellation of debt issue is in scope for VITA: • Nonbusiness credit card debt Cancellation of Debt A taxpayer may have credit card debt that was canceled by a creditor or a lender. Generally, if a taxpayer receives a Form 1099-C for canceled credit card debt and was solvent immediately before the debt was canceled, all the canceled debt will be included on Form 1040, line 21, other income Cancellation of Debt Lenders or creditors are required to issue Form 1099-C if they cancel a debt of $600 or more If the debt canceled is less than $600, some lenders or creditors may send a letter or some other form of notification to the taxpayer Generally, taxpayers must include all canceled amounts (even if less than $600) on Form 1040, line 21, other income Form 1099-C: Cancellation of Debt Credit Card Debt Cancellation of Debt Terms Liabilities: amounts owed including mortgages, home equity loans, vehicle loans, credit card debts, past-due mortgage interest, real estate taxes, etc. Assets: The FMV of homes, cars, bank accounts, IRAs, 401(k)s, furniture, clothes, jewelry, etc. Solvency: The condition in which assets are greater than liabilities Insolvency: The condition in which liabilities are greater than assets Solvency vs. Insolvency Only taxpayers who are solvent are in scope for VITA Insolvency is out of scope for VITA Use the Insolvency Determination Worksheet as a resource to determine whether a taxpayer is considered insolvent (Found in the Pub 4012) Insolvency Determination Worksheet Example John made a deal with his credit card company to pay $2,000 on his $7,000 balance, and the company agreed to take it as payment in full. In January of the current year, John received a Form 1099-C from his credit card company reporting $5,000 (the amount of debt canceled). John was solvent immediately before the debt was canceled. How does John need to report the $5,000 from the 1099-C? Example – Answer John will report the entire $5,000 as income on Form 1040, line 21 as other income Screening Tool for Nonbusiness Credit Card Debt Cancellation (Pub 4012) Did the taxpayer receive Form 1099-C, Cancellation of Debt, or other documentation (if If Yes: Go to less than $600) from a creditor and is the Step 2 information shown on the form or document correct? These issues are outside the scope of VITA. Refer to the IRS or a professional tax preparer. If No Screening Tool for Nonbusiness Credit Card Debt Cancellation (Pub 4012) Was the cancellation of debt related to a business? These issues are outside the scope of VITA. Refer to the IRS or a professional tax preparer. If No: Go to Step 3 If Yes Screening Tool for Nonbusiness Credit Card Debt Cancellation (Pub 4012) Does box 3 of Form 1099-C show any interest or was box 6 checked to indicate bankruptcy? *Note: If the bankruptcy box is not checked but the taxpayer has subsequently filed bankruptcy, answer “yes.” These issues are outside the scope of VITA. Refer to the IRS or a professional tax preparer. If No: Go to Step 4 If Yes Screening Tool for Nonbusiness Credit Card Debt Cancellation (Pub 4012) Was the taxpayer insolvent immediately before the cancellation of debt? If No: Go to Use the Insolvency Determination Worksheet in Pub 4012 Step 5 and interview the taxpayer to determine if the taxpayer was insolvent immediately before the cancellation of debt. These issues are outside the scope of VITA. Refer to the IRS or a professional tax preparer. If Yes Screening Tool for Nonbusiness Credit Card Debt Cancellation (Pub 4012) The cancellation of nonbusiness indebtedness or cancellation of debt (the amount in box 2 of Form 1099-C or an amount less than $600 provided in other documentation) must be reported as ordinary income on Form 1040, line 21 (Other Income). No additional supporting forms or schedules are required for reporting income from canceled credit card debt. Example Simon incurred $15,000 in credit card debt. He was unable to pay the monthly payments. In September 2013, the credit card company agreed to accept $8,000 from Simon as full payment. Simon received a Form 1099-C from the credit card company for $7,000. He was also personally liable for the payment of the debt. Simon was not insolvent immediately before the cancellation of debt, nor has he filed for bankruptcy. What is the taxable amount of Simon’s canceled debt that will be reported on Form 1040, line 21? Example – Answer $7,000 (the amount of debt that was canceled and reported on Form 1099-C) Example True or False: If the fair market value of a taxpayer’s assets is less than his/her liabilities, that is what is referred to as being solvent. Example – Answer False If liabilities are greater than assets, a taxpayer is considered insolvent. Congratulations! This complete the fall Campus Fellow Training Please complete the Jack White – Campus Fellow Training Exercise for practice Continue to check impactamerica.com/taxprep – we will update with additional training videos throughout the fall/winter Next Steps Attend Campus Fellow Training Refresher Session in January • Lizzy Harkey will email you about times/locations in January