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  1. But wait, wasn't it his to begin with? If I am following this correctly, how can son receive a gift of property he already owns? How can dad establish a basis in property he never owned? On son's side of this, I believe a 3115 is in order.
  2. So if you have not filed for 2019 or 2018, nor have you received a 2019 SSA RRB 1099 on the date determination, I am not sure if you will get a payment later if you file before Dec 31 2020, or if you have to wait until you file for 2020. It's past my bedtime.
  3. In other words, the advanced payment is a one time event. They are not going to wait for a 2019 return. Per section 6428(f)(3)(5)(A) if a 2019 return has not been filed they will look back to 2018. And 6428(f)(3)(5)(B) says if a 2018 return has not been filed then "the Secretary may" use information from your 2019 SSA or RRB 1099 to make the determination.
  4. I don't believe there is any review process of 2019 returns. As I read section 6428(f)(3)(A), the payments are to be issued ASAP; if your 2019 return has not been filed at the time the payment is calculated, then your payment will be based on your 2018 return.
  5. I think the code is firm; in order to file single she would need to be legally separated under a decree of divorce or separate maintenance.
  6. It will depend on how the return of the down payment and cancellation of the contract are accounted for. I don't believe reg 1.1038-1 will apply (whether recognized as installment sale or not) since the transaction did not involve a repossession or default. At a glance, it appears the seller bought back the property and basis would be the consideration he paid for it Sale price (consideration) would then be the $15,000 returned plus the outstanding principal on the note. If consideration given was less than fmv then maybe gifting involved. Did the attorney draw up any papers in regards to the transfer back to seller? I am also thinking there should be a closing report if title is going going back to client? Hope this helps.
  7. The official IRS site has not yet posted the info on non-repayment that was quoted from press releases. https://www.irs.gov/coronavirus So I am not making any promises to clients yet, but will continue to monitor updates. I expect Checkpoint will have an analysis on it soon. Also looking for client returns with income over $150,000 in 2018 but less in 2019. They might need to file 2019 ASAP to avoid disqualification from 2018.
  8. This is from stimulus Q and A from various websites: What if my income is higher in 2020? You do not have to pay the government back. Technically a person’s 2020 income is what qualifies them for the payment. Since no one knows their total 2020 income yet, the government is using tax returns from 2019 and 2018 to figure out who qualifies for a check. If you get a payment and then your 2020 income is higher and thus merits a reduced payment or no payment, the money does not have to be paid back.
  9. I have added a line to my tax preparation and planning check list to maximize stimulus check when possible. First case, married couple with no dependents will have AGI over $200,000 in 2019 due to land sale . Their 2018 AGI was less than $150,000. So as I read the stimulus check qualifications, checks will be issued in about 3 weeks based on 2019 tax return; or if not yet filed, then based on 2018. For this couple, then it appears they will come out $2,400 ahead if they wait for the payment based on 2018 before they file their 2019 return.
  10. I think you just have to override it directly on Schedule D.

    1031 exchange

    Looks like there should be $30,000 received as boot. Realized gain of $60,000, $200,000 - 140,000 Recognized gain of $30,000 = cash or boot Deferred gain of $30,000 realized gain less recognized gain Basis of new rental $140,000, fmv of new less deferred gain, also basis of old in this case I prefer to run the numbers outside of the program first, then input into 8824 and make sure it comes out right.
  12. And some taxpayers have the impression that it is permanently deferred! 1031's are great for estate planning with step up in basis. They are also useful when real estate is sold in a high income year. Currently have a client who exchanged for multiple properties and now selling off one at a time over course of several years while in retirement. JKL EDIT TO CLARIFY - Quote above attributed to me was actually posted by Max W.
  13. At the direction of Governor Kate Brown, the Oregon Department of Revenue today announced an extension for Oregon tax filing and payment deadlines for personal income taxes and some other taxes closely following the IRS extension declaration. This move is a result of the governor’s priority to keep Oregonians safe and healthy, while also providing relief and consistency for Oregon taxpayers affected by the federal and state COVID-19 emergency. Under the authority of ORS 305.157, the director of the Department of Revenue has ordered an automatic extension of the 2019 tax year filing and payment due dates for certain affected taxpayers as indicated below.
  14. I thought Oregon was tied to IRS for filing and payment dates? So if Oregon does not connect we will need to prepare federal returns in order to properly file for Oregon. Although my practice has not been affected by COVID 19, I would take advantage of the filing delay.
  15. Max, I know enough about foreign income taxes to stay clear away from it. I have seen articles related to your situation in the AICPA Tax Advisor, try googling a search on it.
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