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easytax

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Posts posted by easytax

  1. Thought this was to be a WEBINAR too?  Maybe even live streaming? Just tie us into Rita's security system cameras and mic's and we can all experience the REAL TN happening (except for the food -- maybe make our own????).

     

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  2. Easiest thing (and safest) is to treat EACH item on it's own. Does NOT matter if they co-mingle or barter, etc..  Look at each as its own individual occurence (for person) and things get a lot simpler. Take the dynamics and inter-play out and then the picture can become clearer. Maybe not easier as they are still a lot of parts --- but much easier to look at and plan and tax individually.

    Of course, I am also known to be simple-minded, so use idea at your own discretion.  ALSO, life might be boring except for things like this.   ///If it happens, God let it and God does not allow more than we can handle (whether we think we can handle it or not -- GOD knows we can).

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  3. Son also needs to make sure that being in "assisted living" that there are no agreements  that the facility or maybe even the state get the farm. Many times this is overlooked and a big surprise.

    On the tax issues, yes if the property was purchased by THEM, then probably the step up is only on the fathers basis when he passes and mom's remains at her cost. Depends on the wording of the deed, etc..

    As an aside, make sure the attorney he "settles things" with acts on tax knowledge and law and not on just what the attorney thinks. Some do not and are also surprised.

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  4. Probably not best timing BUT CPAAcademy is offering a webinar on "Changing Your Residency": https://www.cpaacademy.org/webinars/a0D1A00000xyPcZUAU 

    CHANGING YOUR RESIDENCY

     
    Available Date(s)
    Monday, March 19, 2018, 4:00 PM EDT
    Tuesday, April 10, 2018, 4:00 PM EDT
     
    Choose Your Time Zone: Please select Alaska Arizona Central Time (US & Canada) Eastern Time (US & Canada) Hawaii Indiana (East) Mountain Time (US & Canada) Pacific Time (US & Canada)
    CostFree  CPE Credits1.5 hours  Subject AreaTaxes Course LevelBasic Instructional MethodGroup Internet Based PrerequisitesNone Advanced PreparationNone Who should attend?CFO / Controller
    CPA - small firm
    CPA - medium firm
    CPA - large firm
    Other 
    Course Description
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  5. All IRS blurps seen so far state to wait at least 21 days after filing.  20 days is just short of 21.  With that said, I have a few EITC people who have received refunds just a week to ten days after they started sending them AND they had filed just a few days before release.

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  6. Changing domicile, especially NY to anywhere is VERY HARD. Even in easy states there are certain things that must be cut in existing state and done in new state or neither will "approve" allow change. a google search on "changing domicile will even bring up many discussions on NY (they seem to like keeping ALL tax dollars).

    Here is an article (full as many do not click on URL's):

    Changing Your “Home” For State Tax Purposes – Not So Easy

    It’s February, the middle of winter, and many of us are longing for warmer weather. Some with second homes in Florida or Arizona and the like start thinking about changing their primary residence for state income and estate tax purposes.  Despite “cocktail party talk”, changing your residence for tax purposes is not so easy;  and,  if you do desire to do so, you must become familiar with, and adhere to, the residency and domicile rules.

    While New York imposes state income tax on a New York resident’s worldwide income, as well as state estate tax on taxable estates exceeding $4,187,500 (increasing each April 1 to eventually equal the federal estate tax exemption), Florida, for example, imposes no state income or estate tax upon its residents. A taxpayer is a New York resident if she is domiciled in New York, or if she is a “statutory resident”, which means spending 183 days or more per year in New York State and maintaining a permanent place of abode in New York State.  Even if the taxpayer  spent more than 183 days in Florida for that year, she still may have too many connections with New York that will lead to a determination that she has not changed her residency and is still a New York resident for New York tax purposes.  In order to successfully change one’s residence for tax purposes, many ties with one’s former home state must be loosened or broken;  and the important elements of one’s life must be centered in the new state.

    There are generally five factors which the tax authorities will look to in determining whether someone has changed their residency, frequently referred to synonomously as one’s “domicile” for tax purposes:  (1)  physical presence, (2) home, (3) family and business activities, (4) personal property of significance to the taxpayer, and (5) documentary evidence.

    Physical Presence. It is important to spend as much time as possible in your new state.  Keep track of the days spent in both the old and new states, especially for the first year or two after the change in domicile.  Stay at least 183 days of the year in the new state, but the more the better.

    Home.  The taxpayer must have “abandoned” her old home.  Ways to show abandonment of an old home are to buy a bigger, nicer house in the new state, rent the old house out to a third party and/or put the old house on the market for sale.  Remove any property exemptions on the old house that are tied to it being a “primary” residence, like the STAR exemption.

    Family and Business Activities. The taxpayer should have her family visit her in her new home state for important occasions, or, better yet, have other family members move to the new state, too.  The more family activities in the new state, the stronger the evidence that the new state is really the taxpayer’s new domicile.  Be careful of supporting a spouse or children located in the taxpayer’s old state, which could be used as evidence against the taxpayer.

    Active business involvement in the taxpayer’s old state is evidence that there has been no change in domicile. Work as much as possible in the new state, and set up a “real” office in the new state, not just a home office.  If the taxpayer owns the business, consider moving the principal place of business to the new state and withdrawing any business registration in the old state.  Consider reorganizing the business entity in the new state.

    Personal Property of Significance.  Move items of personal or sentimental value to the taxpayer’s new home.  This includes photos, trophies, yearbooks, collections, and the like.  Funeral and burial arrangements should be made in the new state.

    Documentary Evidence. While not enough alone, changing one’s residence on documents adds evidence to the fact that the taxpayer has, indeed, changed her domicile.  Change the address on all accounts to the new address, including U.S. post office, social security, Medicare, credit card companies, tax authorities, phone companies, banks and financial institutions, doctors, social and religious organizations.  Obtain a driver’s license in the new state and change voter registration.

    One factor will not control the determination of a taxpayer’s change of domicile. If you are considering a change of domicile to another state for tax purposes, make sure you are ready to satisfy all of the factors to prove your change of “home”; and discuss your plans with your tax advisor.

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  7. 4 hours ago, Hahn1040 said:

    The W-2 indicates FL.  Thus, the service member has changed his state of residence to FL.  He no longer has a filing requirement for PA.  Active duty military can maintain residency in home state unless they take the steps to change it.  MANY military become residents of FL and TX while stationed in those states so that they do not pay state tax.  Of course, there are other states with no state tax (WA, NV, NH) and those that don't tax active duty when they are not stationed in the state.

    PA does not tax the military pay but it would tax all other income.

    FL has no tax, so no state tax at all.  If spouse is also a FL resident, then both would not be taxed by any state that they are stationed.

    Check what the domicile of the individual actually is. A W-2 stating FL does not mean anything. Facts and circumstances along with intent. There are specific things needing to be done to change domicile. It is not done easily.  Just ask someone trying to prove they moved from NY to anywhere else. NY wants all they can get and other states although not quite as stringent are moving that way.

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  8. Can not speak for tax-ability of CA but for PA:  From section E, 1 of PENNSYLVANIA PERSONAL INCOME TAX GUIDE http://www.revenue.pa.gov/FormsandPublications/PAPersonalIncomeTaxGuide/Documents/pitguide_chapter_07.pdf

    Full-time federal active duty military pay and federal active duty for training pay, including housing allowances, earned or received by a Pennsylvania resident member of the U.S. Armed Forces while serving outside the state is not taxable for Pennsylvania personal income tax purposes. However, a taxpayer must include such compensation when determining eligibility for tax forgiveness on PA-40 Schedule SP. While on federal active duty or federal active duty for training, any other income that the Pennsylvania resident earns, receives, or realizes remains taxable for Pennsylvania personal income tax purposes. The taxpayer has the burden of establishing that income received for military service outside the commonwealth was earned while on federal active duty. The Department of Revenue requires a copy of the military orders directing the taxpayer to federal active duty outside the commonwealth. Residents must file a Pennsylvania personal income tax return and include their W–2 form(s) and copies of their military orders as evidence of active duty military pay earned outside Pennsylvania.

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  9. Thanks Judy.     Even with your reply it took me a while to "wrap my head around" this.   (senility is wonderful).  Basically no grandfathered loans (just because money was allowed as a HELOC and deductible in the past --- does not mean now.    I was trying to read into the new law that all prior to 2018 was allowed with the starting 2018  (new loans) being the only ones under the new law.       Finally, I understood ----- basically the government even with what might be an implied contract (NOT POLITICAL -- ALL government) changed the "terms" in mid-stream (so no grandfathering) going forward to the terms they (government) wanted.     MUST be nice to be the government and change what you want regardless of what was assumed. (I know what does "ass u me really mean.

    Thanks agin.  cloud lifted and rant over.   Be well, Ed.

    Appreciate the patience

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  10. New law is clear (for new loans, etc.) --- HOWEVER -- please confirm that anything prior to 2018 is STILL deductible (and will be able to be itemized - given limits, etc.)  under old rules because new law says / The Tax Cuts and Jobs Act of 2017, enacted Dec. 22, suspends from 2018 until 2026 the deduction for interest paid on home equity loans and lines of credit, unless they are used to buy, build or substantially improve the taxpayer’s home that secures the loan.  The word "ARE " is different from "WERE"; so "WERE used" is not affected and still usable. That covers NEW loans BUT nothing speaks to existing loans (prior to 2018); therefore existing loan interest should still be deductible?  Please confirm or help me understand why not.     OR, is it possibly too early to know till more guidance is issued from feds?

    Thanks in advance.  /// ALSO, Abby, if you do the "course" at Rita's are you going to web cast for those who do/can not make the trip?

  11. Nice to try and help ---- what about protecting yourself too?  Cir 230 and various tax (IRS, state) and labor (state and federal departments) clearly define what is a 1099 and what might not be. Therefore, if you "violate" what you have knowledge of - you might be in violation of cir 230 and other violations that pertain to YOU - not just your client. Then, YOU are at risk.

    Trying to help is nice, as long as it is lawful and in this circumstance; since you have knowledge of something being wrong ---- do you want to risk you, your family, and business?  Will your client pay the expenses for you? Maybe, including your livelihood if it goes that far.

    We all make mistakes and I - for one, almost always have it bite-me /// I do not need to do something -- ON PURPOSE -- that can bite-me.  better to do what is correct now, than later.

               Just my two cents worth --- there are good folks here that do not need to add aggravation by TRYING to help others in circumstances as this.      rant over 

  12. Even with the bill passed, we have to wait for the IRS  AND  also for the software people to submit new forms (corrected to add extenders) to the IRS and then have them approved too.

    Probably NOT a QUICK turn-around.

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  13. 47 minutes ago, jklcpa said:

    Uh, some advance planning - we need a volunteer to drain the gas out of Rita's backhoe ahead of time.

    Sounds like fun though. I'd be there if I could.

     

     

    AND --- make sure (or disable) Rita does NOT have a big or walk in freezer (or a lot of extra tarps). Maybe check neighbors too, as they might "hold" things for her.

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  14. If you do this // any change you could do a webinar for those who might not be able to make the trip?  Maybe even something as simple as a Skype or ooVoo  during the LIVE presentation. 

    /s Abby could maybe start a side business (or pro bono) as I am sure he wants/needs more to utilize his free time.

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  15. 3 hours ago, Abby Normal said:

    Requires login.

    Try it again,  just checked and no login for the home page answers section, only if you have an account and want to use them (even then, no charge according to webinar, unless you use actual service). Information is there for the looking.

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