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About bbstacker

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  1. bbstacker

    IRS Letter

    Don't know your definition of early nineties but Roth type IRAs started with the Tax Relief Act of 1997. Is it possible he originally had a traditional IRA later converted it to a Roth IRA? If so, it could be the reason the basis is difficult to establish by the broker.
  2. Potential new client with the following scenario: They are a US company, owner is a US citizen. All employees of the company are US citizens. The company performs services in American Samoa for the American Samoa government. These are short term contracts of generally less than 14 days in duration. I'm having trouble wrapping my mind around the filing requirements. The company will file US tax returns as well as American Samoa tax returns. I believe that part is straight forward. The issue that is giving me fits is what returns do the employees need to file besides US income tax returns. I have and am reviewing Pub 570 for at least a starting point for a determination of the returns needed. The publication refers to US citizens employed by a Samoan company. The employees are not working for a Samoan company, it is a US company. If the employees are required to file American Samoa tax returns it may be difficult to recruit employees and if a return is required for American Samoa it should most likely be explained to the employees that accept an employment offer. In my mind I'm trying to compare it to an employee working for a company based in (and generally works in) State A and is sent for 10 days to State B to perform services. Under that scenario, generally the employee would have a filing requirement in each state. I am open to all suggestions to continue my research. I'm hopeful that someone on this board has experience with this scenario.
  3. Please see the below copied text. This is from Publication 51, Circular A, Agricultural Employer's Guide. The corporate status does not appear to change the filing requirements. 10. Federal Unemployment (FUTA) Tax The Federal Unemployment Tax Act (FUTA), with state unemployment systems, provides for payments of unemployment compensation to workers who have lost their jobs. Most employers pay both a federal and a state unemployment tax. For a list of state unemployment agencies, visit the U.S. Department of Labor's website at workforcesecurity.doleta.gov/unemploy/agencies.asp. Only the employer pays FUTA tax; it isn't withheld from the employees' wages. For more information, see the Instructions for Form 940. For 2017, you must file Form 940 if you: Paid cash wages of $20,000 or more to farmworkers in any calendar quarter in 2016 or 2017, or Employed 10 or more farmworkers during at least some part of a day (whether or not at the same time) during any 20 or more different weeks in 2016 or 20 or more different weeks in 2017. To determine whether you meet either test above, you must count wages paid to aliens admitted on a temporary basis to the United States to perform farmwork, also known as "H-2A" visa workers. However, wages paid to "H-2A" visa workers aren't subject to the FUTA tax. Generally, farmworkers supplied by a crew leader are considered employees of the farm operator for purposes of the FUTA tax unless (a) the crew leader is registered under the Migrant and Seasonal Agricultural Worker Protection Act, or (b) substantially all of the workers supplied by the crew leader operate or maintain tractors, harvesting or crop-dusting machines, or other machines provided by the crew leader. Therefore, if (a) or (b) applies, the farmworkers are generally employees of the crew leader. You must deposit FUTA tax by EFT. The deposit rules for FUTA tax are different from those for income, social security, and Medicare taxes. See Deposit rules for FUTA tax , later in this section. FUTA tax rate. The FUTA tax rate is 6.0% for 2017. The tax applies to the first $7,000 you pay to each employee as wages during the year. The $7,000 is the federal wage base. Your state wage base may be different. Generally, you can take a credit against your FUTA tax for amounts you paid into state unemployment funds. The credit may be as much as 5.4% of wages subject to FUTA tax. If you’re entitled to the maximum 5.4% credit, the FUTA tax rate after credit is 0.6%. You’re entitled to the maximum credit if you paid your state unemployment taxes in full, on time, and on all the same wages as are subject to FUTA tax, and as long as the state isn't determined to be a credit reduction state. See the Instructions for Form 940 to determine the credit. In some states, the wages subject to state unemployment tax are the same as the wages subject to FUTA tax. However, certain states exclude some types of wages from state unemployment tax, even though they are subject to FUTA tax (for example, wages paid to corporate officers, certain payments of sick pay by unions, and certain fringe benefits). In such a case, you may be required to deposit more than 0.6% FUTA tax on those wages. See the Instructions for Form 940 for further guidance.
  4. If the bonds final maturity date is in a closed year, based on the three year statute, the interest in effect becomes non-taxed. As in any other inadvertent omission of income or error, the IRS has three years (generally) to audit the return. The financial institution will issue Form 1099INT for the year the bonds are redeemed. The reporting for the tax return will report the bond interest and also record an offset amount of interest equal to the interest amount for the prior year(s). The reporting of prior year bond interest is not to report it on the current year tax return. The publications refer to filing an amended tax return for the year(s) in question. If the year(s) is/are closed, the IRS is barred from adjusting the closed year. If the interest in question represents a 25% understatement of income then the statute is 6 years. Depending on the circumstances it may be possible to exceed an understatement of 25% for the year(s) in question.
  5. bbstacker

    tp and hsa

    The following link explains the rules better than I can type them. https://www.benstrat.com/downloads/HSA-GPS_HSAs-and-Medicare.pdf TP can enroll in the HSA as long as they have not signed up for Medicare.
  6. Might try CCH Small Firm Services Client Accounting Suite. The live payroll module can be integrated with the general ledger module. I use the GL for my write up clients, but have not used the payroll module.
  7. Please research the Military Spouses Residency Relief Act for additional information about taxation of military spouses. The posted link may be useful to determine the service member's state for tax purposes. I believe the Home of Record (HOR) is the determining factor for state taxation. If the service member enlisted in Florida, they will be subject to Florida taxation (no state tax), no matter where they are stationed, unless he or she changed their HOR to a different state. https://www.military.com/paycheck-chronicles/2015/02/27/residence-vs-home-record
  8. To correct a misconception. The Amish are subject to Federal and state taxation. They are exempt from Social Security and Medicare taxes if they filed the proper documentation. They do have a SSN to be used when they file their taxes. Your client should contact the builder to have them complete Form W9. If they refuse, follow the same protocol you use when any other contractor has not supplied Form W9.
  9. I've taken a very brief look at the conference report provided by jklcpa but cannot find the tax rate table for corporations. I do see where it indicates a maximum rate of 21%. Is the 15% bracket still in place? If so, was the bracket expanded so more taxable income is taxed at a 15% rate?
  10. Thank you for your insight. The state is Hawaii. The employees are not covered by a bargaining unit. All employees are in the same class, everyone is paid on a weekly basis. Payroll is consistently paid in the manner explained. It just seems odd that the paper checks are made available before the direct deposit. I do realize the time lag for the direct deposit is controlled by the banking system as it requires a 2 day lead time to process the payments through their systems. Which leads me back to the question, can the employer delay issuing your payroll if you choose the direct deposit option.
  11. This is something I have not seen before and I am unable to find clarification for the issue. Employer offers direct deposit or payroll check for payment of wages. The payroll cycle is Friday through Thursday. If the employee utilizes the payroll check option, the employee receives the check on Friday. If the employee utilizes the direct deposit option, the employee does not receive the deposit until the following Wednesday. Is the employer legally allowed to delay the payment of wages if it is by direct deposit? I am unable to find any information as to the legality of the method the employer uses regarding their payment system. I'm hoping someone can, at a minimum, point in the direction to be able to address this issue.
  12. No, life insurance premiums are not deductible to the corporation. You will also want to look at Form 8925, Report of Employer-owned Life Insurance Contracts to ensure compliance.
  13. This may be a "managed" account where the investor is charged a fee based on the value of the account, not on commissions. From what I'm seeing on some brokerage statements the fees are relatively small. If it is a managed account the number of trades may not be that important. Obviously, the loss is important as well as any unrealized gains and losses. Is the value of the overall portfolio increasing?
  14. I believe if the rollover (transfer) was trustee to trustee there is not a limit to the number of rollovers per 12 months. If the tax taxpayer received the funds and within 60 days deposited to another IRA, the once every 12 months is going to be an issue. If this was a trustee to trustee transfer they may or may not receive Form 1099R, depends on the IRA administrator.
  15. I believe you are not correct. I'm sure there are private scholarships that do not allow the funds to be used for room board, but the article indicates that Pell grants can be applied differently than the way applied by the institution. Please see the following link https://www.irs.gov/pub/irs-utl/Pell%20AOTC%204%20pager.pdf
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