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Everything posted by jklcpa
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client termination letters - send Priority or Certified?
jklcpa replied to schirallicpa's topic in General Chat
A reply from them may not be necessary as proof of receipt of email. Some email functions through ISPs or apps have the option to receive an acknowledgement that the recipient received and read the email. I still prefer an actual letter sent by snail mail better for termination letters and other official correspondence though. -
I agree about the pricing, and I was going to suggest you look at Drake that does handle e-filing of the 1040NRs. Drake does not have batching of extensions though. Over on the official Drake forum, some of the users especially in higher volume offices have set up macros so that the extensions are created with a single click, but that still does require opening each file. Some complain that then there is still the state extension issue to handle, but since I can see that you are in southern FL I'll assume that most of your extensions don't require a state filing anyway.
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Max, expenses related to rental during the period of ownership within the trust will be deductible. Once the house is transferred to the beneficiaries, the rental income and expenses after that date should not be included on the trust return. The trust can NOT deduct expenses for a property it no longer had title to, similar to as if this was an individual that had transferred ownership. This is what I would report on the trust return, others may have other opinions on how they'd report it: The rental management company issued the 1099-misc for 100% of the rental income to the trust because that was the recipient of the funds. Report 100% of the rental income on the trust return, then... Issue Forms 1099-misc to each of the beneficiaries for their respective shares of the rental income assigned to each of them. Report this assignment of income as an offsetting expense on the 1041 so that the net rental income or loss will properly reflect only the activity during the period of ownership by the trust before the house was transferred out. Report rental expenses paid, including depreciation, from Jan 2017 through March ?, 2017, up until the house's distribution out of the trust. For the rental expenses paid out of the trust after the house was distributed out, I would aggregate those and call those a distribution of assets out to beneficiaries since they were paid out for their benefit on an asset owned as individuals. One problem will be if the trust had any suspended passive activity losses being carried in the trust. Those don't get passed out to the beneficiary until the final year of the trust. If there was a very nominal amount remaining in the trust cash account simply for winding up of the final return, it may be possible to call this a final return, especially since there should be no other income in the trust since you said the house was its only asset, meaning that the trust will not have any future income to report, and no future 1041s would be required. If there are suspended PALs to pass through in this final year, those losses do not attach to the specific asset, but rather they attach to the activity. In this case since there is only the one house and not multiple rentals, the activity is the one and only house. On the individual returns of the beneficiaries: They will each receive a 1099-misc for their respective share of assigned rental income for the period after the house's distribution out of the trust in March 2017 that they will report as rental income. Report the rental expenses that the trust paid after March 2017 that the trust reported as a distribution. I don't see why they can't depreciate the house. They received the house in distribution, it is a rental property in their hands as individuals, and they should be allowed the depreciation deduction on it. Whether step up or carryover basis is used is dependent on the type of trust and whether or not it was a rental property before it went into the trust. I hope this helps somewhat.
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Because of the higher volume of NRs that you prepare, I'd also suggest looking into other software that would handle the e-filing and batch extensions.
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The mechanics of this are that the partnership transfers all assets to the S corp in exchange for the the stock of the S corp, then the partnership immediately liquidates and distributes the S corp shares out to the partners in liquidation of the partnership Rev Rule 2004-59 addresses this, and can be found by scrolling down on this IRS page.
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Maybe or maybe not capital gain. Ah, now more facts are coming to light. You have to figure out if there was a disproportionate distribution of hot assets before you can properly calculate the gain and how much of it might be ordinary income and how much is cap gain. It's possible to have ordinary income from depreciation recapture too, and you might also have deemed distributions from relief of debt. Here are a couple of articles that might help: http://media.straffordpub.com/products/irc-751-hot-assets-calculating-and-reporting-ordinary-income-in-disposition-of-partnership-or-llc-interests-2015-07-09/reference-materials.pdf The Tax Cost of Hot Assets: https://www.thetaxadviser.com/issues/2010/aug/clinic-story-08.html
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Calling any vendors' technical support is only for program help, and it is unrealistic, unreasonable, and unprofessional to expect those working in support to provide tax preparation guidance on how to report particular transactions. Once the preparer knows how and where items should appear on the return and either 1) can't figure out where to enter, or 2) if making valid input entries and the program is not working properly, only then is it appropriate to call technical support. Obviously, other calls to support or programming for other program issues such as installation, updating, and programming errors are also appropriate.
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Exactly. CA operations on a "source rule" for compensation of nonresidents. I was off looking for a good link for you and found one that I'd posted a couple of years ago. GGRNY has the answer, and for anyone else, here is the article: http://www.sangerlaw.com/Articles/NONRESIDENTSWORKINGREMOTELYFORCALIFORNIABUSINESSES.pdf Here's another page from that law firm that has a few other articles on CA compensation issues for nonresidents too: http://www.sangerlaw.com/Articles/
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I do too, up to the point where Abby suggested to not file a return for the trust, because we don't have enough information to say this for sure. If the trust had gross income exceeding $600 because the house wasn't transferred until sometime in March of 2017, then technically a 1041 return would be required. If that's the case, file the final 1041 for the trust too.
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I believe members are able to HIDE their own posts even after the 5 minute threshold for editing as passed. It is accomplished through a selection under "Options" at the bottom of each post. My settings as moderator are different so please let me know if this is not the case, and I can hide or delete any of the posts.
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If memory serves, I'm pretty sure that was @michaelmars
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You'll need to calculate accumulated earnings & profits of the C corp immediately before the election to be treated as an S corp. S corps that were previously C corps with accum'd E&P have different determination of taxation of distributions. Any distributions paid after becoming an S corp come out of positive AAA, and then come out next of AEP and taxed as a dividend. That's a very simplified explanation, obviously, and can be much more complicated than that depending on your particular client's situation. Two excellent articles from The Tax Advisor explain this very well: Determining the Taxability of S Corporation Distributions: Part I Determining the Taxability of S Corporation Distributions: Part II Third article discussing calculation of E&P, also from The Tax Advisor: Earnings and Profits Computation Case Study Sorry for the links, but I try not to reinvent the wheel or give incomplete explanations.
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My procedure was very similar to Abby Normal's, including projections in the package with certain items highlighted with notations. I spent as much time going over that as I did going over the actual returns with the clients.
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Congratulations, Ron! I hope that you'll always think of this place as a home filled with friends, and please stop in and let us know how you are enjoying retirement.
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Reg sec 1.274-5T(c)(3)(ii)(A) and reg sec 1.274-5T(c)(3)(ii)(C) Example 1 https://www.law.cornell.edu/cfr/text/26/1.274-5T Good info here with the cites at bottom: https://bradfordtaxinstitute.com/Content/IRS-Mileage-Log.aspx
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One of our own topics that discusses the new taxes for non profits and churches on fringe benefits:
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TCJA Taxes Non Profit & Churches- Fringe Benefits & Parking Privilege Tax
jklcpa replied to Lee B's topic in General Chat
I merged the two topics and modified the title to be more descriptive. I'm also going to post a link to this topic in the pinned post on the TCJA that appears at the top of Gen'l Chat. -
True, BAH isn't taxable, so this doesn't explain why box 1 is higher than the FICA and Medicare wages.
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It could be differential wages. See #38 below. This from an IRS page:
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Also this one from CS Thomson Reuters:
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Googled and found this:
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Yes, Paul, welcome! We hope you'll feel at home here. If you haven't taken time to look at other topics, we have 2 other current topics on this same issue.
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1031 Exchange used to purchase property with others?
jklcpa replied to David's topic in General Chat
David, it is possible have a fractional interest of an undivided interest in a property as the replacement held as tenants-in-common and still be a valid 1031 exchange. IRS ruled on this with Rev Proc 2002-22 that allows it if the property isn't held as a business, must be as the individual, and other requirements. How the property is titled, managed, run, controlled, etc. is paramount for this to work, and I'd suggest that you not venture into giving legal advice but suggest that the client hire an attorney that is well versed in tax and real estate laws, and specifically the intricacies of sec 1031, and have a well-qualified intermediary too. Here are some links to help you: Rev Proc 2002-22 - lays out the requirements Article from The Tax Advisor - " Fractional Interests in Property" - specifically discusses your question Another article from CIRE magazine (Commercial Investment Real Estate) discussing tenancy in common in 1031 exchanges written by a practitioner specializing in these exchanges -
If a client calls the insurance agent for changes in coverage that change the total premiums on a policy, I do take those into account for accrual basis taxpayers, but for prior year worker's comp audit additional premiums or refunds, like rfassett described, I run those through expense in the current year. I don't ever go back and amend the prior year return or make a prior period adjustment on financials for them. @Terry D, you asked for a ppd ins worksheet, so I took a snippet from one of my excel files and simplified it. This is for a fiscal year client, but easily adjusted. I've changed the fields to blue where I'd make an entry so you can more easily see how it works. The # of days keys off the date at the top of that column and are then used in calculating the expense since it is working off the expired portion of the terms of only the current year policies; the rest is simple addition and subtraction. Book1.xlsx ETA - sorry, I thought it would show a preview. W/S looks like this:
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I'd say that this is deductible IF the car was purchased by taxpayer in his or her name before the transfer of the gift. If it was purchased directly in the name of the recipient, then taxpayer can't deduct it since technically he/she wasn't the party liable and title was never in his or her name.