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Maura

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Posts posted by Maura

  1. I am not a pension expert. But based on your brief description this setup sounds like a controlled group for purposes of pension plans. Is the LLC a disregarded entity?

    "A parent/subsidiary controlled group takes into account ownership of one entity (corporations, partnerships, and sole proprietorships) by another. "

  2. The selling price and expenses should be allocated between the building (1250 property) and the land (sec 1231). The amount of depreciation recapture on 1250 property is taxed up to 25%. The 1231 long term gains would qualify for the lower capital gains rate. Where is the 1245 property coming from? The 0% capital gains is dependent on total taxable income and filing status.

  3. What type entity is the biz? My take on it is that the whole amount is taxable income. The legal fees would be deductible. Does your client have any papers filed during proceedings or from the court spelling out the legal fees awarded? From your description they sound defensive.

  4. To clarify... You will have to find out if the kid intents to return to taxpayers home

    Finally, the court acknowledged that the Service relied on Hein and Rev. Rul. 66-28 in Service Center Advice 200002043. In that advice, the Service concluded that a child’s pretrial and post-conviction incarceration is a temporary absence if there is no intent on the part of the taxpayer and the child to change the juvenile’s principal place of abode. The length of the incarceration does not matter for the absence to be considered temporary within the meaning of Regs. Sec. 1.2-2©(1).

  5. Canada does not have a treaty with Costa Rica. So they will withhold a 25% tax on the CPP payment. If he thinks he is entitled to a lower tax rate then he will need to file in Canada an NR7-R 9 (I believe). From the Canadian perspective I am not sure if he is entitled to the reduction since he is resident to Costa Rica.

    If he were resident to the US then the CPP would not be taxable to Canada and would be treated the same as social security payments.

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