Lucho

I want to make sure I am correct: A tax payer working in the USA whose wife is in another country can file a joint return (assuming they are married) and send her the forms to be signed; also if the nonresident has no SS#, the return must include a W-7 form for a ITIN application. Is this correct or Am I wrong. Thank you for any help. Lucho

Thank you Taxbilly. Lucho

My client has to start withholding 28% from the amount paid to any contractor that does not provide a tax id (by IRS Request. If anyone has had this situation, I will appreciate any guidance on how my client has to proceed sending those payments. So far he has 1 or 2 people that has not provided valid tax payers ID. Thank you in advance. Lucho

Thank you I called and silvia answered instantly and transferred me to another representative and I could place the order for some extra material needed. May God bless this forum and members Lucho

What is the form to use to amend the Utah return? California has the 540X. Or do you use the same form TC-40 just with amounts on lines 29 and 37? Thank you in advance for any help. Lucho

Thank you everyone and have a wonderful day. Lucho

I will appreciate if someone who knows would give me the name of the indicated sales person at ATX I can talk to so when I call they can assist me. I have a full time employment (I do my tax practice during evenings and weekends) and in my schedule I have reserved 21/2 hours on Tuesdays and Wednesdays morning to make business call related to my home business. Now whenever I call ATX they transfer me to "My Representative" but so far I have not being able to talk to him (which I don't want anymore); usually the Rep. will call back after I'm gone; this means that if there were no contact with him between Tuesday and Wednesday I have to wait until the next coming week. Thank you for any help Lucho

Lucky, no rejection. Thank you Windmill. I hope you take and enjoy some time off. Lucho

What do I do tomorrow morning if I wake up and see that 1 or more extensions E-filed have being rejected. It is 9:20 p:m in California; I am done for the season; I am going to bed. Than you to all of you who helped me with your post. Lucho

Thank you for your post Julie. Lucho

Couple business was on husband’s name, but husband health deteriorated and decided his wife’s name only on the business. Billing, insurances, contract labor documentation etc. have her wife name and signature and they decided only wife to be listed on Sch. C (no splitting) Some of the 1099 Misc are still being issued to husband’s name. Because is a husband and wife business I tend to continue preparing the return as the income is still product from the same service and for the same enterprise. (Of course, I will inform the couple the need to request that every 1099 for next year has to be issued on wife’s name) What is your opinion on this? I am open to listen. Thank you Lucho

Thank you Katherine. Have a wonderfull afternoon. Lucho

School paid 2/3 of part of admission for 2010 year and parents paid the other 1/3. Child did not received any form 1098-T from school and parents wants to claim the AOC. Is the amount paid by parents considered a qualified expense for the American Opportunity Credit? The instructions for claiming the credit does not mention anything like this. Thank you for any help. Lucho

I will read the Pub. Thank you, OldJack. Lucho

My clients mother quitted her job at my client request so she (mom) can take care of her new born baby (daughters baby). My client wants to hire her mom and pay all employment taxes required by law so her mom can continue contributing to her FICA and Medicare, other way mom could loose the few credits that she already has throughout a 5 or 6 years of employment. My client does not want anybody else to take care of her baby but Grandmother only. My client makes enough money to pay all expenses including a salary for her mother. My concern on this approach is: The relationship (parent), also mother will be living in the same house. For all of you experienced in this matter, what advice would you share with me for the benefit of my client? I am heading to church right now and promise to pray for this forum. Thank you Lucho

Thank you for your kindness Rhmillett. Lucho

I need to be sure I am using the correct transmmiting E-filing form for Utah state. Is Form UT TC-8453 the one to authorize me to transmit the return? I ask the question because I don't see the tax preparer signature section on the form, just the taxpayers. Thank you Utah practitioners. Lucho

What about another couple whose two children 14 and 16 also got 1 1099-Misc each (non-employee comp. with Federal Income Tax withheld) but the company did not include SS on any of them. And when parents requested the company to issue new ones with the children SSs, They declined and told them to report the income on parents return. Thank you again. Lucho

This will be the first time dealing with this situation. Can parents report in line 21 (1040) the income of a 1099-Misc issued to his 15 years son. Son just did a job for the school during 2010. Thank you. Lucho

Thaank you. Have a blessed Sunday Lucho

Student 21 years old supporting himself (living in parents house but paying his fair rent and all other expenses) has $1,200.00 tuition and school materials expenses. Reading form 8863 line 13 instructions tell me that this student can not claim the American Opportunity Credit because he is under 24; and not filing a joint return and also he is blessed to have his parents alive. Am I correct in my interpretation when reading these instructions? I forgot to mention that student is single. Thank you again Lucho

So far Im possitive that it only applies to dependents living in Mexico and Canada. The only way to claim the dependency with ITIN would be if the 10 year daughter lived in the US for more than 6 monts (something that would need to be proved with school records etc. Hope some others will guide you and me if I am wrong Lucho

Thank you Jainen. Lucho

Do we have the option to report only the sale of #1 property this time and wait for #2(which might be in 2011 return) as we know the numbers might be diferent because my client is liable for the debt? Lucho

I followed the discussion on Chowdahead post on Feb. 24, 2011 and based on that discussion I am trying to make my conclusion on how to precede with the return for my client. Taxpayer foreclosed two rental properties in 2010. Taxpayer received the two 1099-As Property #1 Box 2 of form shows balance of principal outstanding $124,000 Box 4 FMV of property $132,749; box 5 was borrower personally liable for repayment of debt? No Property # 2 Box2 balance of principal outstanding $103,630 box 4 FMV of property $107,582; box 5 was borrower liable for repayment of debt? YES Based on these facts I can go ahead and report the sale of property #1 as a sale that happened during 2010 and wait for the second property until the bank notifies this taxpayer of the final outcome which can result in COD income. Am I right in my reasoning or Am I wrong? Thank you so much for your help. Lucho