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Burke

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Posts posted by Burke

  1. On 4/26/2018 at 9:47 AM, schirallicpa said:

    No - I have the executors green pad of income and disbursements.  I have not received the accounting of the assets at the dod.  I was put in my place by this attorney, that "maybe I was not aware that it is not necessary to do an exact accounting of assets anymore."  To which I replied that regardless there should be a fiduciary responsibility to account for what she owned and what needed to be distributed.  Surely it wasn't a hat throw.

    Like I said, I don't like the attorney and I don't think he's worth the $30000 they have given him. 

    Regardless, if the money were required or not required to be distributed, as long as it was, it triggers reporting of the income - right?

     

     

    1 "maybe [you] were not aware that it is not necessary to do an exact accounting of assets anymore."     The jurisdiction that applies here is the local probate court and their instructions.  I see you are in NY.  Has anyone checked with the local court?  In VA, accountings to a court can be waived in the will if all beneficiaries sign off on it; however, they still have the right to demand an accounting from the [preparer/executor/administrator/personal representative] if so desired. 

    2.  Note post reply above says Line 9 & 10 say "required to be distributed."  This is not correct.  Line 9 says "required to be distributed currently." (Where the will or trust specifies it, and that is whether or not it is received by the beneficiaries).  Line 10 says "Other amounts paid, credited.....etc"  Note the comma!  If the income was paid (distributed), your software will compute DNI and the adjusted income flows through to the beneficiaries.  So do the return as it is supposed to be, and send the K-1's and then let the benes put this monkey on their back.  

    3.  Yes, if the money was required, (or not required to be distributed --   as long as it was  -- ), it triggers reporting of the income.

    • Like 2
  2. 14 hours ago, WITAXLADY said:

    so my client that died in July 2017 - he is still ok? as we are just doing his 2017 personal?

    thx D

    His personal return would include only income up to date of death.  If a trust or estate return is necessary, you can elect a fiscal year (ending June 30, 2018) or calendar year (ending 12/31/17.)   Both methods are still timely.    Calendar year would be due 4/17/18.   Fiscal year would be due Oct 15, 2018. 

    • Like 1
  3. I print out the suggested FMV from the TaxBook and give it to them to do a detailed list.  Others also available online from Goodwill, Salvation Army, DONATE IT, etc.  I won't take "xx bags"  and "xx boxes."   Only took one year and all my regulars got it.  Now I get reasonable values and itemized lists.  Well, it took a few more than one year to get the message....

    • Like 3
  4. On ‎2‎/‎21‎/‎2017 at 10:19 AM, Roberts said:

    The current Republican tax plan is for individuals to get a $12,000 per person standard deduction. $24k per couple.

    The only thing that could go on the Schedule A is your mortgage interest and charitable deductions which in most of middle America doesn't get to $24k for a couple.

    State taxes, real estate taxes and medical would be waved as deductible items and in return the AMT is eliminated.

    That would make most seniors (just an estimate), ultra easy tax returns.

    There is nothing easy about the taxable Social Security calculation unless their income is so low it is zero or so high it is 85%. 

    • Like 3
  5. On ‎2‎/‎16‎/‎2017 at 2:14 PM, Burke said:

    I checked all over the VA data input screen and there is no field there.  Will contact ATX to see if update is pending.  I also tried to override the "office use" section on Page 2 of the 760, but it will not let me do it. 

    Well, I found it!  It is not on the Data page.  It is on the VA EF Information document.  

  6. On ‎2‎/‎7‎/‎2017 at 4:40 PM, lynn EA in Louisiana said:

    There's an option in your preferences to opt for all caps, or to opt out of all caps.

     

    Yes, and I do opt for all caps.  However, it never affected the client letter, K-1 letter or billing invoice (which are pre-printed in upper/lower cases) until this year.

  7. On ‎2‎/‎13‎/‎2017 at 5:27 PM, Gail in Virginia said:

    You probably won't be "prompted" to enter the pin - the return will just reject when you efile it if you don't have the identity protection pin number on the return.  I use ProSeries, and the entry is made on the state information sheet.  It shows up on page two of the state return at the bottom of the additional filing information section on a line labeled Office use only.  Maybe you can work backwards to find the entry point.  I hope this helps.

    I checked all over the VA data input screen and there is no field there.  Will contact ATX to see if update is pending.  I also tried to override the "office use" section on Page 2 of the 760, but it will not let me do it. 

  8. On ‎2‎/‎14‎/‎2017 at 11:43 AM, lynn EA in Louisiana said:

    Where I live I will not accept a post-dated check as then if it bounces I have no recourse with the sheriff.  By accepting a post-dated check it is deemed that I knew it would not be honored and accepted it anyway.  The only recourse with the sheriff on a bad check is if it is currently dated, and it also helps to have a copy of the issuers drivers license.

     

    I have 100% success with the post-dated check thing.  I don't deposit it until that date or after.  I only have a couple and they are repeat clients.  BTW, if you have any doubt about the check's validity, take it to THEIR bank after the day it is dated, and inquire whether it is good or not.  I took a check one time at a yard sale, and suspiciously felt that it might not be good, went to the bank drive-in window on two occasions and asked if it was good  -- it wasn't either time -- so I asked whether a specific time of the month might be better, and teller said "Try on the 1st."  I was there johnny-on-the-spot and got my money!   I think this would work only if the check is made to you, and not to a company -- but you never know. 

    • Like 2
  9. 21 hours ago, Abby Normal said:

    The problem with the new ALL CAPS preference is that any edits to K1 letters and billing invoices are in caps (people have already complained about this). Also, Notes are not in caps so I have to turn caps on anyway, when I need to create or edit a note.

    I submitted a suggestion to to give us 3 check boxes for caps for forms, K1 letters/billing invoices and notes.

    YES!  And I am one of those who complained.  I do use the K-1 letters, billing invoices and sometimes the client letters, and I never had this issue before this year, even though I have ALWAYS used all caps for returns.  So it is newly programmed into the software for 2016, and NEEDS TO BE CHANGED.   If you check it in Preferences, you cannot then change it on the keyboard for those letters.  

    • Like 1
  10. My client  received a letter stating he has been assigned a PIN for Virginia filing purposes.  The letter says "You must provide your Virginia PIN and SSN on your tax return."   And "if using tax software to prepare your return, you will be prompted to enter your Virginia PIN with your tax return data."    I am neither prompted for this info, nor is there a field in which to put it.   Anyone else had this issue?

  11. What you are describing is an Option to Purchase.  It is not a "rental."  The payments specified are Option payments which can be held in an escrow account for the specified time in which the buyer is required to close the sale.  If the Option payments are forfeited by the terms of the Option agreement, then they become Ordinary income to the seller who retains ownership of the property during the Option period.   It is possible the Option payments are made in one tax year, and forfeiture occurs in a succeeding year.  If that happens, the TP may have to file amended returns to report the income in the year received.   If the buyer wishes to rent the space while this Option is in place, then he needs a proper lease which specifies that rent for a specified time and the payments cannot be applied to the purchase price.   So you have 3 possible scenarios: 

    1.  Lease  2.  Option to Purchase   3.  Installment Sale.      The seller cannot "decide" which one of these scenarios it is, after the end of the period.  It needs to be in writing up front in a properly-worded contract.  

    • Like 2
  12. I don't have any problem with the $795 monthly rent - as long as that is supported by a separate lease agreement for the premises for a specified time, and which has no connection whatsoever to the eventual sale of the property.   This means none of the rent can be applied against the sale.  That does not appear to be the case with the facts as you state them.  As presented, it is an installment sale.  Period.

  13. On ‎12‎/‎3‎/‎2016 at 2:35 PM, BLACK BART said:

     

    I've never seen this happen before and wonder if it's the same nut/section that handled the first deal or is the system going haywire? I replied/explained, but it was somewhat awkward 'cause there's no nice way to say "You're crazy."

    This has been going on for several years, and I am surprised you haven't come across it before.  Seems as though one or the other party on a MFJ return could claim "I never got the letter...." if it was addressed to just the primary SSN.  So now each gets one (in separate envelope) and have been duly notified. 

    • Like 2
  14. On ‎12‎/‎1‎/‎2016 at 2:26 AM, Jack from Ohio said:

      Co-signing is NOT the same as being contractually liable.  Follow the 1098-E.

    Beg to differ.  Co-signer IS contractually liable for payment on any loan for as long as it is outstanding and payment is not made by the original party.   (Mtge interest 1098's often only have one name and SSN on them, even though husband and wife are parties to the loan and contractually liable to pay.)

    • Like 4
  15. TP (parent) got APTC on his return for himself, spouse and 2 kids who were insured on the plan (under age 26).  Well, both kids made too much money to claim and filed their own separate returns.  Now IRS wants 8962 on the 2 kids and a copy of  their 1095.   They did not get their own 1095 since TP parent told Marketplace he was going to claim them.  Soooo, now they will allocate 100% of APTC to parent.  Instructions say if this is the case, do not complete 8962.  If I do complete 8962, whose percentage goes in Part IV?  No matter what I do, I can't get past ATX error checks when this form is part of their return.  It appears to be required ONLY if a certain percentage (other than zero or 100%) premium tax credit is to be applied to other persons. 

  16. On ‎5‎/‎3‎/‎2016 at 10:07 PM, grmy2h said:

    If the daughter is not claimed on her parents return, you will need to list the parents 1095-A on her return and allocate the agreed upon amount to her.

    I have this same situation.  The child is not claimed on parent's return, she is claiming herself.  HOWEVER, we want to allocate 100% to parent.  Other than indicating this in Part IV, is there anything to fill out in Part II?  If lines 24 & 25 are left blank, I get an error saying Form 8962 not required!

  17. On ‎9‎/‎13‎/‎2016 at 10:24 AM, DANRVAN said:

    Sounds like a scam or misunderstanding.  How can you get a $445,000 donation for $100,000?  There are no special rules for conservation easements that allow such a thing.

    I am going to assume he may be referring to the purchase of a tax credit from someone who entered into a conservation easement.  Often these are awarded to land rich/cash poor taxpayers (i.e, farmers) and who because of no real taxable income, the tax credit is pretty much wasted.  So some states allow them to be sold to actually generate an incentive for the TP to put the land into conservation/non-development use.    In this case, the OP uses the term "donation."  If someone pays $100K for something and it has a FMV of $445K, then then there is going to be gain reportable somewhere when it is realized.

    • Like 1
  18. You are such a good guy.  I make them write me a check when they pick it up, and date it ahead.  Then I have it and don't have to hound them for the money. 

    I only do this occasionally and when there are special circumstances. 

    • Like 2
  19.  

    f your client had died prior to reaching the age specified in the insurance contract, the beneficiary would have received only the death benefit, and the accumulated cash value and dividends would not have been paid out, the insurance co would have kept that.  That is why these types of policies are not great investments.

     

    If this had been a regular whole life policy, the dividends (if still credited to the policy and not previously withdrawn) would have been paid out at death as part of the benefit.

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