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mwrightea

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Posts posted by mwrightea

  1. 1 hour ago, Max W said:

    I would fight this on principle alone and appeal it.  It is not just the $800  and the 100S, it is the $800 and the 100S every year.

    Did the FTB reject solely for having one employee that earned less than $57,000?   If that is the case,  I think an appeal would be relatively easy.   I deal with the FTB a lot and they do make mistakes and give out incorrect advice.   In recent years they have been issuing penalties for all sorts of minor things which don't exist and because the amoutns are low - usually less than $200, most people dont want to bother fighhting it and just pay up.

     

    That is my understanding.  I had POA on file with the protest, the FTB called the client  and stated the above.  I have not received any written documentation nor have I talked with anyone @FTB.  Max I would love to talk with you about this matter.  I have never filled out a 100S and I am not looking forward to it.

    • Like 1
  2. 2 hours ago, Max W said:

    The company may have one or more additional employees in the state which would push them over the limit.  

    They have only the 1 employee that lives in CA, all other employee's and company are in Colorado. All revenue generated in the State of Colorado.

  3. On ‎7‎/‎19‎/‎2019 at 11:18 AM, Max W said:

    You will have to find the rules for nexus in OK.  For example, in CA if the employee earns less than $50,000, there is no nexus.

    Max, my client just lost in CA.  They have an employee that works out of his home in CA on his computer and makes less than $50K.  They want the franchise tax $800.00 and a 100S.  Client has paid all state required withholding, wc, etc.

  4. I need help from all California experts.  My client has a company in Colorado they recently received a letter from FTB about an employee that telecommutes for their company in Colorado from the employees home in California. This was news to me (the employee in CA).     They have no business, sales, property, equipment, advertising, rent or anything else in California.    My understanding is the employee moved to California and my client wanted to retain the employee's particular skill set.  They do not pay anything to the employee other than wages.  The company uses a payroll company and has paid all the CA SWT & OASDI etc on this employee.  This employee uses their own computer and logs into my clients web portal every day and preforms via web, duties in Colorado.

    FTB is requesting that a FTB4694 be filled out regarding if they need to file a State Tax return in CA.  I do not believe that my client has Nexus in CA. I am leaning toward part 2 of the 4694 No filing requirement.  Clients answers to part 2 are all NO's.  Am I wrong? Is this a can of worms,  better addressed by an attorney?   

      

  5. No AMT.  Several of my clients in Colorado hit the SALT losing thousands in deductions.  One client with four children under 17 qualified for the first time for the child credit.  That client felt like he won the lottery.  I was thankful for the comparison form, and all the people on this board. 

    • Like 4
  6. 1 hour ago, Gail in Virginia said:

    If father died in 2017, I believe you can either elect to report the interest on his final personal return or file a fiduciary return and report the interest there.  If the income is all distributed from the estate account, the beneficiaries would get K1s for the part of the interest distributed to them and pay the tax on their share.  You can elect the fiscal year for the fiduciary return with the filing of the first return.  So if dad died in, say June 2017 you could elect a fiscal year ending May 31.  If there was no income for the fiscal ending 5/31/18, no return would have been due.  If the bonds paid interest sometime in late 2018, they could be reported on the fiscal year ended 5/31/2019, and would go on the beneficiaries return for 2019.  Just as an example, and I think it would work this way.  Hard to say without actually know all the facts and circumstances.  And someone may know more about this and why this won't work. 

    I agree with everything Gail said.  She was much better at explaining than my post.   I might file a 0 fiscal year return for year one.   

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