4th Annual Tax Thread - 2006

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EagleKeeper

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Oct 30, 2000
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Originally posted by: MustISO
Originally posted by: EagleKeeper
Originally posted by: MustISO
I'm trying to figure out why the Taxpayer and Spouse "assignments" make a difference in what is deductable for IRA's. We file married, jointly.

If my wife is the taxpayer and I'm the spouse she can deduct 100% of her IRA contributions. If I'm the taxpayer and she's the spouse we can't deduct any IRA contributions. What difference does it make who is considered the spouse. It's really confusing me.
The IRA is based on income of the taxpayer. If the spouse does not work, the spouse is allocated a set amount that can be contributed.
The amount of income also determines what the taxpayer can contribute.

We both work, we're both taxpayers (aren't we?)
If you are both working, it should not make a difference. If you are using tax S/W, then it seems to be a flaw.

 

EagleKeeper

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Oct 30, 2000
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Originally posted by: Viper22
Quick question - I worked as a 1099 contractor from 1/1/2006 - 7/21/2006. Ive already calculated out my expenses for my vehicle use etc up until that point. I am now a W2 contractor at the same location as of 07/22/2006 thru the end of the year.

The business address is not the same location i work at - Ive been told by some people in my office that I can still write off the mileage and/or expenses since the office i work at is not the same as the home office for the company.

I'm guessing this is not correct but want to make sure.
Mileage commuting to the job site is not deductible as an employee (W2).
If you are supposed to go to the home office first and they then direct you to go the the job site, the mileage from the home office to the job site would be a 2106 expense.

 

Macro2

Diamond Member
May 20, 2000
4,874
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I have a couple/

Do you recieve a 1099 DIV on a stock that paid $.32 in dividends in 2006? I haven't seen one. I recall a 10 dollar minimum?

What is the minimum net income on a schedule C that qualifies you for 4 quarters of social security-Medicare payments in 2006?
Or on the schedule SE? Line 4?

Thanks.
 

amdskip

Lifer
Jan 6, 2001
22,530
13
81
I work (computer guy part time) for a Catholic school (the church in town runs it) and I'm wondering if I qualify for this:

You earned this income for religious employment (clergy, nonclergy, religious sect).

Nonclergy religious employment is:

Religious workers and other church employees who have not been listed above as members of the clergy.
 

EagleKeeper

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Oct 30, 2000
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Originally posted by: amdskip
I work (computer guy part time) for a Catholic school (the church in town runs it) and I'm wondering if I qualify for this:

You earned this income for religious employment (clergy, nonclergy, religious sect).

Nonclergy religious employment is:

Religious workers and other church employees who have not been listed above as members of the clergy.

Part time will not qualify

 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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Originally posted by: Macro2
I have a couple/

Do you recieve a 1099 DIV on a stock that paid $.32 in dividends in 2006? I haven't seen one. I recall a 10 dollar minimum?

What is the minimum net income on a schedule C that qualifies you for 4 quarters of social security-Medicare payments in 2006?
Or on the schedule SE? Line 4?

Thanks.
You should not receive a 1099-DIV for that amount. If that is the only dividend that you receive, you do not need to list it.

You should contact the IRS for the answers on the amount of income to qualify for SS payments.

 

richardycc

Diamond Member
Apr 29, 2001
5,719
1
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if my wife and I file separately, how do we divid the mortage interest payment and taxes? do we have to do 50/50 or 100/0 or any combo in between? would it cause an audit if we divid the numbers, since the amounts won't match on the statement from the bank? thanks!

 

EagleKeeper

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Oct 30, 2000
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Originally posted by: richardycc
if my wife and I file separately, how do we divid the mortage interest payment and taxes? do we have to do 50/50 or 100/0 or any combo in between? would it cause an audit if we divid the numbers, since the amounts won't match on the statement from the bank? thanks!
Divide all the joint deductions either 50/50 or by income percentage.
Note that if one itemizes, the other MUSTT itemize even if the overall deduction from the Schedule A is lower than the standard dedcution.

 

Fullmetal Chocobo

Moderator<br>Distributed Computing
Moderator
May 13, 2003
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What difference is it going to make on my taxes now that I have disability through Veterans Affairs (VA)? I can't seem to find anything about this. I'm not sure if it matters at all.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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Originally posted by: Fullmetal Chocobo
What difference is it going to make on my taxes now that I have disability through Veterans Affairs (VA)? I can't seem to find anything about this. I'm not sure if it matters at all.
VA disability income is not taxible.

 

Al Neri

Diamond Member
Jan 12, 2002
5,680
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When I am doing my taxes -- do I include comission as part of my basis on stock trades?
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
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Oct 30, 2000
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Originally posted by: Don Rodriguez
When I am doing my taxes -- do I include comission as part of my basis on stock trades?
Yes

If the commission is paid up front, it increases the cost per share.

If the commission is paid at the sale, it decreases the sale price per share

 

Al Neri

Diamond Member
Jan 12, 2002
5,680
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and if it's at both just use the net amount?

for example

I buy 1 share for 100 dollars with 5 dollar commission
I sell that 1 share for 50 dollars with 5 dollar comission

Pay out 105
Bring in 45

goes in the books as a 60 dollar loss?
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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Originally posted by: Don Rodriguez
and if it's at both just use the net amount?

for example

I buy 1 share for 100 dollars with 5 dollar commission
I sell that 1 share for 50 dollars with 5 dollar comission

Pay out 105
Bring in 45

goes in the books as a 60 dollar loss?

Yes - and given that scenario - stay away from the stock market - keep you $$ under the matress

 

Rob9874

Diamond Member
Nov 7, 1999
3,314
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Originally posted by: EagleKeeper
Originally posted by: Rob9874
I'm recently divorced, but my ex-wife was living with me through September of last year. Do we have to file jointly? If not, how do we handle the house payment deduction?

Also, she was an independent contractor, and never paid her quarterly tax payments, so we would owe every April. Not having the money to pay it off, we would add each year's amount to our monthly payment plan with the IRS (stupid, I know...hence the divorce). So now we collectively owe like $12,000, of which the monthly payment is coming out of my bank account, and she's not contributing. Can I have the IRS split that debt for me? 50% in my SS#, and 50% in hers? Or can I file Equitable Relief, proving that the tax debt was due to her income, and get out of owing it all together?
If you are divorced, you must both file a single.
House payment are based on the divorce decree wording.
If joint responsibility, then you can split 50/50 or by percentage of income.

You can file for injured spouse, however, because you accumulated the debt jointly prior to the divorce, you both are responsible for it; depending on the wording of the divorce decree. You both had to have signed to payment plan, apparently more than one time; so it is difficult to show that you were not aware of the problem.

Well, the divorce isn't final yet. I want to file Married Separate. She's saying her acct told her you're penalized alot by filing like that, and that it's in our best interest to file Married Jointly. However, I think it'll hurt me. Here's why:

I made $52,000, which I had normal taxes deducted.
I made $5000 in bonuses, and $20,000 in severance pay for getting laid off, which were taxed at a higher tax amount.
I have the house deduction, or at least 77% of it (my contribution to the household income)

She made $23,000 (when she lived in AZ before she moved out), in which she paid $0 taxes. So won't I be "penalized" more for filing jointly with her income, which no taxes were paid, than to file separate with my income alone?


As for the "Equitable Relief", I thought it was different than "Injured Spouse". It sounded like Equitable Relief was the option if you WERE aware of the problem, but can prove the debt was due to the other spouse's income. This is secondary to the above question.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
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Oct 30, 2000
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Rob9874

Download TaxCut basic for free.
Start a return using both of your incomes and set it up a married filing jointly. Label the return as Joint.

When you have the rough numbers entered in terms of income and deductions then

Make 3 copies of the file.
Rename one file copy with your name.
Rename another copy with her name.

Start backup the tax S/W.
Open the file in your name and change your filing options to Married, Separately. Adjust the deductions proportionally based on income. You should see what the new numbers look like.

Repeat the above scenario using the file with her name.

see what the numbers look like and then decide.


IRS - FAQ - Innocent Spouse Relief
You must meet all of the following conditions to qualify for "innocent spouse relief."
1)You filed a joint return, which has an understatement of tax, directly related to your spouse's erroneous items. Any income omitted from the joint return is an erroneous item. Deductions, credits, and property bases are erroneous items if they are incorrectly reported on the joint return.
2)You establish that at the time you signed the joint return you did not know, and had no reason to know, that there was an understatement of tax.
3)Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax.
4)You request relief no later than 2 years after the date the IRS first attempted to collect the tax from you.

If for more than one year, she has not been having Federal tax withheld, then you may have a hard time with the innocent spouse due to #2.

To qualify under "relief by separation of liability" you must have filed a joint return and must meet one of the following requirements at the time you request relief:

1)You are divorced or legally separated from the spouse with whom you filed the joint return for which you are requesting relief; or
2)You are widowed; or
3)You have not been a member of the same household as the spouse with whom you filed the joint return at any time during the 12?month period ending on the date you file Form 8857 (PDF), Request for Innocent Spouse Relief.

In addition, you must request relief no later than 2 years after the date the IRS first attempted to collect the tax from you. If you have actual knowledge of the item that gave rise to the understatement of tax, you may not qualify for relief by separation of liability.

#3 plus the kicker should preclude this option

To qualify for "equitable relief" you must establish that it would be unfair to hold you liable for the tax on your joint return. Also, you must meet other requirements listed in Pub 971. You must request equitable relief no later than 2 years after the date the IRS first attempted to collect the tax from you.

Publication 971

Factors for Determining Whether To Grant Equitable Relief
The IRS will consider all of the facts and circumstances in order to determine whether it is unfair to hold you responsible for the understatement or underpayment of tax. The following are examples of factors that the IRS will consider to determine whether to grant equitable relief. The IRS will consider all factors and weigh them appropriately.



Relevant Factors
The following are examples of factors that may be relevant to whether the IRS will grant equitable relief.

Whether you are separated (whether legally or not) or divorced from your spouse. A temporary absence, such as an absence due to imprisonment, illness, business, vacation, military service, or education, is not considered separation for this purpose. A temporary absence is one where it is reasonable to assume that the absent spouse will return to the household, and the household or a substantially equivalent household is maintained in anticipation of the absent spouse's return.

Whether you would suffer a significant economic hardship if relief is not granted. (In other words, you would not be able to pay your reasonable basic living expenses.)

Whether you have a legal obligation under a divorce decree or agreement to pay the tax. This factor will not weigh in favor of relief if you knew or had reason to know, when entering into the divorce decree or agreement, that your former spouse would not pay the income tax liability.

Whether you received a significant benefit (beyond normal support) from the unpaid tax or item causing the understatement of tax. (For a definition of significant benefit, see Indications of Unfairness for Innocent Spouse Relief on page 5.)

Whether you have made a good faith effort to comply with federal income tax laws for the tax year for which you are requesting relief or the following years.

Whether you knew or had reason to know about the items causing the understatement or that the tax would not be paid, as explained next.


Knowledge or reason to know. In the case of an underpayment of tax, the IRS will consider whether you did not know and had no reason to know that your spouse (or former spouse) would not pay the income tax liability.

In the case of an income tax liability that arose from an understatement of tax, the IRS will consider whether you did not know and had no reason to know of the item causing the understatement. Reason to know of the item giving rise to the understatement will not be weighed more heavily than other factors. Actual knowledge of the item giving rise to the understatement, however, is a strong factor weighing against relief. This strong factor may be overcome if the factors in favor of equitable relief are particularly compelling.

Reason to know. In determining whether you had reason to know, the IRS will consider your level of education, any deceit or evasiveness of your spouse (or former spouse), your degree of involvement in the activity generating the income tax liability, your involvement in business and household financial matters, your business or financial expertise, and any lavish or unusual expenditures compared with past spending levels.


======================

Given all the information above - you may have a hard time justifying the request for Relief where this has happened over more than one year.

Your best bet would be to see what the numbers come out with.
Filing as Separate may be best for you and in meanness, force here to use the Schedule A which will cut into her standard deduction, thereby increasing the tax owed on her part.
 

akshatp

Diamond Member
Oct 15, 1999
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I got married in May 2006. My wife moved from MI to NJ in July. She worked in MI until April of last year, and did not work any more in 2006. She has her W2 from her former company.

I work at a company and have my W2. I also received a 1099-MISC from a client that I do work for on the side (computer work)

My only other form of income is in the form of Interest from a savings account, from which I have the income form that the bank sent.

Should I go to a place like H&R Block to do my taxes this year? To take advantage of stuff like moving credit and also because I am jointly filing for the first time?

Do I need to claim gifts received for the wedding as income?

 

EagleKeeper

Discussion Club Moderator<br>Elite Member
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Oct 30, 2000
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Originally posted by: akshatp
I got married in May 2006. My wife moved from MI to NJ in July. She worked in MI until April of last year, and did not work any more in 2006. She has her W2 from her former company.

I work at a company and have my W2. I also received a 1099-MISC from a client that I do work for on the side (computer work)

My only other form of income is in the form of Interest from a savings account, from which I have the income form that the bank sent.

Should I go to a place like H&R Block to do my taxes this year? To take advantage of stuff like moving credit and also because I am jointly filing for the first time?

Do I need to claim gifts received for the wedding as income?

Gifts are not classified as income.
Utilize the 1099 on the Schedule C to reduce taxes on the income by writing off expenses. See ideas within this thread and also in previous years.

H&R Block type places will charge you well over $100 to do work that you should do yourself.

Tax S/W will walk you through the Form 3903 (Moving Expenses), assist you with the Schedule C and also handle the state tax.

Filing jointly will not make any difference in terms of complexity.

If you use the online S/W, make sure that you qualify before entering the site, otherwise you will enter all the info and then find out that you may be charged.

You can download TaxCut Basic for free and setup for Federal filing. Doing so, will allow you to easily work with the proper forms and Schedules. For any off-line S/W you will have to purchase the State Tax S/W for both states (est $29 each state). E-filing would be $10-20 each for each state and federal.

If you choose to use on-line S/W and/or filing, then you will have all the info readily at your fingertips.
 

pyonir

Lifer
Dec 18, 2001
40,856
311
126
couple questions.

I made some extra money on the side doing photography. Those amounts i made will be reported to the IRS by the people that paid me, but i didn't pay taxes on it yet. Do i just add that amount i made to my total wages? Do i need to file a seperate form? (yes it was over $600).

Second question: I found out this last fall that i owe like 2k back from 2004 (apparently i did something wrong on Turbotax). Is it hard to work it out so that any return i get goes directly to pay that off? Will the IRS automatically take my return and apply it to that amount?

Thanks to any and all that respond.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
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Originally posted by: pyonir
couple questions.

I made some extra money on the side doing photography. Those amounts i made will be reported to the IRS by the people that paid me, but i didn't pay taxes on it yet. Do i just add that amount i made to my total wages? Do i need to file a seperate form? (yes it was over $600).

Second question: I found out this last fall that i owe like 2k back from 2004 (apparently i did something wrong on Turbotax). Is it hard to work it out so that any return i get goes directly to pay that off? Will the IRS automatically take my return and apply it to that amount?

Thanks to any and all that respond.

1) Use the Schedule C to handle the extra side income. That allows you to write off expenses that could be related (in any way, directly or indirectly) to the income.

2) Find out what was done incorrectly. The IRS can make mistakes also.
You can contact the IRS to arrange payments and/or they will take it from any returns once you acknowldge the debt. You will accrue interest on any back debt.

 

miri

Diamond Member
Jun 16, 2003
3,679
0
76
Hi,

My wife worked at a salon and for some reason they treated her as self employed and she got a 1099 MISC.

She also worked a few trade shows and she got another 1099 MISC from that.

I am using a tax program and it wants the business name and address since it thinks we own a business. So do I put the name, address and Payer's Federal ID number of the salon she worked at or the name and address of our residence?

Also do I lump the two 1099 MISCs together when I enter them in or seperate?

Thanks for any information.
 

pyonir

Lifer
Dec 18, 2001
40,856
311
126
Originally posted by: EagleKeeper
2) Find out what was done incorrectly. The IRS can make mistakes also.
You can contact the IRS to arrange payments and/or they will take it from any returns once you acknowldge the debt. You will accrue interest on any back debt.

Thanks for both answers Eagle. I have already aknowledged it...and i'm currently making monthly payments on the debt. So it appears they will just take any returns, which is fine with me. Less interest accrual.

Thanks again
 

CellTech

Senior member
Jun 1, 2005
934
0
0
Hi, I'm currently working out of state. I'm a NY resident but working in CT. Do I have to file both state tax returns or no? Also, do you send in your W-2 with your tax forms: federal, state?

Thanks a bunch.
 

bookem dano

Senior member
Oct 19, 1999
243
8
81
Just want to say thanks for the time you put into this thread. I've looked threw a few pages and answered a couple of my questions but I still have some.

1)I had an insurance claim where I got windows that are energy star rated, can I claim that on
my taxes? I purchased them 12/21, but they weren't installed until January, but
I only have paperwork supporting the 12/21 date.

2)Phone Credit - does it apply to cell phones, and what specifically do I need to
find for the amount? If I have no dependants, is it worth it to go through all my phone bills or just take the easy deduction?

3)If you have a roommate that is paying 'rent' that basically equals the utilities do I need to do something with that?
 
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