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Prince William Area Family Economic Success Partnership. Volunteer Income Tax Assistance (VITA) Tax Preparation Training For Tax Year 2004. Topics. Basic Tax Law Wage Earner Topics. Tax Law - Basic. Personal & Dependency Exemptions Filing Status & Filing Requirement Income
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Prince William Area Family Economic Success Partnership Volunteer Income Tax Assistance (VITA) Tax Preparation Training For Tax Year 2004
Topics Basic Tax Law Wage Earner Topics
Tax Law - Basic • Personal & Dependency Exemptions • Filing Status & Filing Requirement • Income • Adjustments to Income • Deductions – Standard & Itemized • Miscellaneous Credits
Exemptions • Personal • Taxpayer • Spouse • Dependency • 5 tests • All must be satisfied
Pub 17 p 28 Personal Exemptions Taxpayer • Unless can be claimed on another’s return Spouse • If not claimed on another’s return • Married by Dec 31 • Not divorced or legally separated by Dec 31 • If deceased, taxpayer can claim • if not remarried by Dec 31 • If not divorced or legally separated when died • If MFS, taxpayer can claim only if spouse had no income & spouse was not another’s dependent, even if not claimed
Dependency Exemptions Pub 17 p 29 Resource Guide p 10 Tests – Must pass all 5 1 - Member of household or relationship test 2 - Citizen or resident test 3 - Joint Return test 4 - Gross Income test 5 - Support test Still a dependent if died during the year, if the 5 tests are met • even if child lived for only a moment
1 - Member of Household OR Relationship Test Pub 17 p 29 • Live with taxpayer for the entire year – except temp absences • Temp absences include school, hospital stays, military, vacations, business OR • Be related to taxpayer • May not need to live with taxpayer • “Grandnephew?”
2 - Citizen or Resident Test Pub 17 p 29 • US citizen or resident • Children usually are citizens or residents of the country of their parents • Foreign born children need either parent to be a citizen • Resident of Canada or Mexico
3 – Joint Return Test Pub 17 p 29 • Not allowed an exemption for your dependent who files a joint return • Exception • N/A if joint return filed to claim a refund & • If no tax liability would exist if they filed separately
4 – Gross Income Test Pub 17 p 29 • Dependent’s gross income must be under $3,100 • Exception for your child if • Under 19 at end of tax year • A student under 24 at end of tax year • Gross Income Defined
Pub 17 p 30 Resource Guide p 13 5 – Support Test • Provide more than half the person’s support for the tax year • Total support person received less what you provided (see worksheet p32) • Special Rules • Multiple Support Agreement (p33) • Two or more provide support, but not more than half - Use Form 2120 • Child of divorced or separated parents (p35, RG p 14 • General rule is the custodial parent • Unless released by custodial parent (form 8332)
Pub 17 p 23 Resource Guide p 7 Filing Status Married or Unmarried?
Pub 17 p 23 Marital Status - Unmarried If on last day of tax year you • are not married, or • are legally separated under a divorce or separate maintenance decree or • marriage annulled by court decree …then you are “Single” But: consider Head of Household or qualifying widow(er) w dependent child
Pub 17 p 23 Marital Status - Married For whole year, if married • & living together as husband & wife • in common law marriage, if recognized • In state you now live (not VA) • In state where marriage began • & living apart, but not legally separated under a divorce or separate maintenance decree • & separated under a decree of divorce that is not final (interlocutory decree) Note: Any one test satisfies
Pub 17 p 23 Marital Status - Married Spouse died during the year (not remarried) • you are considered married for the whole year • can file a joint return with deceased spouse (if not remarried) • may have special benefits if qualifying widower with child
Married Filing Joint Pub 17 p 24 • Both must sign • Both must be present at tax site • Exceptions • For spouse in combat zone • Need signed statement • Other reasons • Need power of attorney
Pub 17 p 24 Married Filing Separately • Usually done to be responsible only for your own tax • Usually the least favorable tax treatment • If one itemizes, other spouse must also itemize (first who files determines) • Splitting itemized deductions • Cannot claim several tax credits • See special rules
Pub 17 p 25 Head of Household (HOH) Must meet all of the following: • Unmarried or considered unmarried on the last day of the tax year • Paid more than half of home upkeep* • Qualifying person** lived with you more than half of the year • except for temporary absences • dependent parent doesn’t have to live with you • Foster child must live with you all year * Keeping up a home p 26 **“Qualifying Person” Table 2-1 p26
Head of Household Pub 17 p 25 Married Taxpayer can file HOH if • Files separate return from spouse • Paid more than half of home upkeep • Spouse did not live in the home during the last six months of the year • Taxpayer’s home was main home of the child for more than half of the year • Taxpayer claims the child as a dependent • Exceptions (Children of Divorced or separated Parents) p35
Qualifying Widow(er) with Dependent Child Pub 17 p 27 For two years following year of death of spouse • Spouse died in 2002 or 2003 • Rules • Were entitled to file a joint return • Did not remarry • Have child for whom you can claim an exemption • Paid more than half the cost of keeping up a home (p26)
Who Must File? Pub 17 p 7 Resource Guide p 4 But file to get a refund, the EITC, or the additional child tax credit (P9)
Income Resource Guide p4 Pub 17 p 50 *If itemizing in year taxes were paid
Selected Income Topics • Scholarships & Fellowships • Tips • Interest • US Savings Bonds • Deferred Interest Accounts • Coverdell ESA • Tax Exempt Interest
Tip Income Pub 17 p 58 • All is taxable • $20 more per month must be reported to employer • Included on W-2 • Amount unreported (if greater than $20/month) • File Form 4137, SS & Medicare Taxes • Allocated Tips reported unless • Credible evidence of tip record • Incomplete tip record, but actual tips more than sum of tips reported to employer and allocated tips
Scholarships & Fellowships W-2 Pub 17 p 99 • Tax Free if • Candidate for a degree at an eligible educational institution, AND • Used to pay qualified education expenses • Payment for services are generally taxable • Room, board, & travel are taxable • See Pub 970, Tax Benefits for Education
Pub 17 p 60 Interest Income 1099-INT General Rule • Interest received or credited to your account and can be withdrawn is taxable income Interest income is unearned income
US Savings Bonds Interest1099-INT Pub 17 p 62 Series EE & I • When bond cashed in or when matures (whichever is earlier) OR • Each year’s increase in value • Excludable interest for qualified higher education expenses Series HH • Paid twice per year Tax Tip – Be sure to ask how taxes have been paid for EE & I Bonds – Check box 3 of 1099-INT
Deferred Interest Accounts1099-INT Pub 17 p 61 • Interest paid in fixed intervals of one year or less • Report when received • CD’s with maturity over 1 year • Report when received • Original Issue Discount (OID) – no interest paid until maturity • Difference between redemption amount and issue price is the OID • Part of OID is taxable each year until maturity
Life Insurance Pub 17 p 92 • Proceeds generally not taxable • Proceeds received in installments may include interest which is taxable • Dividends generally not taxable • Dividends may include interest which is taxable • Unless on deposit with Dept of Veterans Affairs, then not taxable
Pub 17 p 217 Coverdell ESA 1099-Q • No tax due if qualified educational expenses are greater than the Coverdell distribution (ASK) • Qualified expenses include elementary, secondary, and higher educational expenses • Consider Hope or Lifetime Learning Credit • Gets complicated if taxable • See Pub 970 • See paid professional tax preparer
Tax Exempt Interest Pub 17 p 66 • Bonds issued by • Municipalities • Port Authorities • Toll Road Commissions • Utility Service Authorities • Selected Others • Still must be reported
Dividends 1099-DIV Pub 17 p 68 • Usually “Ordinary” or “Qualified” • Ordinary • Paid out of earnings and profits • Ordinary income • Qualified • Ordinary dividends after 2002 • 5% or 15% capital gain tax rate
State & Local Tax Refunds, Unemployment Comp 1099-G • Unemployment comp is taxable • Block 1 of 1099-G • State & local tax refunds are taxable only if 2003 return itemized and deduction taken • Block 2 of 1099-G
Pub 17 p 143 Alimony & Child Support • Alimony received is taxable • Alimony paid is an adjustment to income* (only 1040 can be used) • Child support received is not taxable • Child support paid is not an adjustment to income * Must include recipient’s SSN on 1040
Business Income – ScheduleC-EZ “Net Profit from Business” Use only if… And…
Schedule C-EZ Instructions Income • show all items of taxable income actually or constructively received during the year (in cash, property, or services) Expenses • advertising, car and truck expenses, commissions and fees, insurance, interest, legal • professional services, office expense, rent or lease expenses, repairs and maintenance, supplies, taxes, travel • the allowable percentage of business meals and entertainment, and utilities (including telephone)
Adjustments to Income* • Educator’s Expense • IRA’s • Student Loan Interest Deduction • Tuition & Fees Deduction • Alimony Paid • Jury Duty *Adjusted before taxable income is computed Can’t use 1040EZ
Educator’s Expense Pub 17 p 144 • Amount • MFJ $500, else $250 for eligible educators • Eligible Educator • K-12 teacher, instructor, counselor, principal, or aide • Work at least 900 hours during school year • Unreimbursed expenses for • Books, supplies, equip, computer equip & software used in classroom • Health & phys ed expenses related to athletics • Some restrictions
Traditional Individual Retirement Arrangements (IRA’s) Pub 17 p 125 • Under 70½ at end of tax year • Compensation from employment • Spousal IRA • Spouse does not need to work • Contribution limit • $3,000 ($3,500 if 50 or over) or • Compensation up to the limits • Deductible or Non deductible • Form 8606 if non deductible
Pub 17 p 144 Pub 970 Student Loan Interest Deduction – Up to $2,500
Pub 17 p 146-148 Tuition & FeesDeduction – Up to $4,000
Other Deductions • Penalty on early withdrawal of savings • Still report interest earned • Penalty reported on 1040 line 33 • Jury duty pay given to employer • If employer paid regular wages and if jury pay was given to employer • Enter on line 1040 line 35 & enter “jury duty” • Jury duty pay still entered on 1040 line 21 Pub 17 p 61 Pub 550 Pub 17 p 98
Standard Deduction Pub 17 p 152
Itemized Deductions • Medical & Dental - Pub 17, pg 154 • Taxes – p161 • Interest – p163 • Contributions – p170 • Casualty & Theft Losses – p182 • Miscellaneous – p207 • Unreimbursed job expenses – p184
Miscellaneous Tax Credits • Elderly or Disabled • Qualified Retirement Savings • Mortgage Interest • Foreign Tax Note: all are “non refundable credits”
Elderly or Disabled Pub 17 p 236 • Age 65 or over or • Retired on permanent & total disability • “Mandatory retirement age” • Physician’s Statement • And income limits
Qualified Retirement Savings Contributions Pub 17 p 269 Contributions to a retirement plan or IRA • Cannot be born after Jan 1, 1987 • Cannot be claimed on another’s tax return • Cannot be a full time student • Maximum allowable contribution is $2,000 • Reduced by certain distributions • Income Limits
Pub 17 p 269 Mortgage Interest Foreign Tax Credit Pub 17 p 269 Mortgage Interest • Mortgage Credit Certificate (MCC) Required Foreign Tax • Form 1116 may or may not be required • Limitations
Tax Law – Wage Earner • Child & Dependent Care Credit • Education Credits • Earned Income Credit • Child Tax Credit • Additional Child Tax Credit
Child & Dependent Care Expenses Pub 17 p 226 Resource guide p 17 Must satisfy all 6 Tests • Qualifying person • Keeping up a home • Earned income • Work related expense • Joint return • Provider identification Note: Consider combat pay election