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David Stewart
Ask David Stewart

 

David Stewart is the guest host for this forum.

He is the media relations specialist for the Internal Revenue Service for the state of Pennsylvania. Stewart, who received a master's degree from Temple University's Fox School of Business, works out of the Philadelphia offices at 600 Arch St. He has more than 20 years of experience as a spokesman and communicator for the federal government.

Ask about the IRS and federal income taxes. He and other IRS staff will answer as many questions as they can, but cannot answer them all. Responses do not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

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QI have PA Health tax deducted on my w-2 box 14. Is this amount deductible on sch A as part of state taxes
Darshan, Newtown, PA  04/11/07
A

I am not sure what you mean by Pennsylvania Health Tax. Box 14 is for records any other information for the employee, such as union dues, health insurance premiums, and educational assistance payments. Contributions to retirement plans that have no code can be listed here too. All entries should be clearly labeled. Most will be nontaxable earned income.

If you elect to itemize, medical expenses are the costs of diagnosis, cure, mitigation, treatment, or prevention of disease, and the costs for treatments affecting any part or function of the body. They include the costs of equipment, supplies, and diagnostic devices needed for these purposes. They also include dental expenses.

Medical care expenses must be primarily to alleviate or prevent a physical or mental defect or illness. Do not include expenses that are merely beneficial to general health, such as vitamins or a vacation.

 

Medical expenses include the premiums you pay for insurance that covers the expenses of medical care, and the amounts you pay for transportation to get medical care. Medical expenses also include amounts paid for qualified long-term care services and limited amounts paid for any qualified long-term care insurance contract.

 

You can deduct only the amount of your medical and dental expenses that is more than 7.5% of your adjusted gross income (Form 1040, line 38).

 

The term “7.5% limit” is used to refer to 7.5% of your adjusted gross income. The phrase “subject to the 7.5% limit” is also used. This phrase means that you must subtract 7.5% (.075) of your adjusted gross income from your medical expenses to figure your medical expense deduction.

David Stewart
QI live in Drexel Hill,PA but i work in Delaware. How do I file my taxes and who do I pay taxes to? PA or DE?
Anonymous, Drexel Hill, PA  04/11/07
AYou may wish to efile or use a tax professional as I cannot speak to state returns.
David Stewart
QI''m a divorced single mother. I claim one child on my taxes and my ex-husband claims the other child on his tax return. How can we go about switching each child to the other parent's tax return (because one is 17 and I can no longer get the child tax credit). Same question for federal and state taxes. Thanks!
Cindy Sherling, New York, NY  04/11/07
A

The dependency exemption can not be split. Generally, the child is treated as the qualifying child or qualifying relative of the custodial parent. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the child may be treated as the qualifying child or qualifying relative of the noncustodial parent if certain conditions are met.

The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.

******** This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. ********

 

 

 

TAX TIP: EITC -

 

It’s easier than ever to find out if you qualify for EITC

 

EITC is a tax credit for people who work(ed) and didn't make much money. If you meet the requirements for EITC, and the EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit. ********

 

 

For more information visit us at IRS.gov.

 

 

David Stewart
QWhen using Turbo Tax for schedule D, there's a column for stock purchase price, sale price and "personal portion." Is the personal portion a percentage or the gain?
Karen, Phila, PA  04/11/07
A

You may wish to consult with your software provider. Under the IRS instructions for Schedule D... http://www.irs.gov/instructions/i1040sd/ch02.html

 

Lines 1 and 8

 

Enter all sales and exchanges of capital assets, including stocks, bonds, etc., and real estate (if not reported on Form 4684, 4797, 6252, 6781, or 8824). But do not report the sale or exchange of your main home unless required (see page D-2). Include these transactions even if you did not receive a Form 1099-B or 1099-S (or substitute statement) for the transaction. You can use stock ticker symbols or abbreviations to describe the property as long as they are based on the descriptions of the property as shown on Form 1099-B or 1099-S (or substitute statement).

You must enter the details of each transaction on a separate line of Schedule D. If you have more than five transactions to report on line 1 or line 8, you can report the additional transactions on Schedule D-1. Instead of reporting your transactions on Schedules D and D-1, you can report them on an attached statement containing all the same information as Schedules D and D-1 and in a similar format. Use as many Schedules D-1 or attached statements as you need. Enter on Schedule D, lines 2 and 9, the combined totals from all your Schedules D-1 or the attached statements. Do not enter “available upon request” and summary totals in lieu of reporting the details of each transaction on Schedules D and D-1 or attached statements.

Caution

Add the following amounts reported to you for 2006 on Forms 1099-B and 1099-S (or substitute statements) that you are not reporting on another form or schedule included with your return: (a) proceeds from transactions involving stocks, bonds, and other securities and (b) gross proceeds from real estate transactions (other than the sale of your main home if you are not required to report it). If this total is more than the total of lines 3 and 10, attach an explanation of the difference (for example, you were the nominee for the actual owner of the property).

 

Column (b)—Date Acquired

 

Enter in this column the date you acquired the asset. Use the trade date for stocks and bonds traded on an exchange or over-the-counter market. For stock or other property sold short, enter the date the stock or property was delivered to the broker or lender to close the short sale.

The date acquired for an asset you held on January 1, 2001, for which you made an election to recognize any gain in a deemed sale is the date of the deemed sale and reacquisition.

If you disposed of property that you acquired by inheritance, report the gain or (loss) on line 8 and enter “INHERITED” in column (b) instead of the date you acquired the property.

If you sold a block of stock (or similar property) that you acquired through several different purchases, you may report the sale on one line and enter “VARIOUS” in column (b). However, you still must report the short-term gain or (loss) on the sale in Part I and the long-term gain or (loss) in Part II.

Column (c)—Date Sold

 

Enter in this column the date you sold the asset. Use the trade date for stocks and bonds traded on an exchange or over-the-counter market. For stock or other property sold short, enter the date you sold the stock or property you borrowed to open the short sale transaction.

Column (d)—Sales Price

 

Enter in this column either the gross sales price or the net sales price from the sale. If you sold stocks or bonds and you received a Form 1099-B (or substitute statement) from your broker that shows gross sales price, enter that amount in column (d). But if Form 1099-B (or substitute statement) indicates that gross proceeds minus commissions and option premiums were reported to the IRS, enter that net amount in column (d). If you enter the net amount in column (d), do not include the commissions and option premiums from the sale in column (e).

You should not have received a Form 1099-B (or substitute statement) for a transaction merely representing the return of your original investment in a nontransferable obligation, such as a savings bond or a certificate of deposit. But if you did, report the amount shown on Form 1099-B (or substitute statement) in both columns (d) and (e).

Caution

Be sure to add all sales price entries on lines 1 and 8, column (d), to amounts on lines 2 and 9, column (d). Enter the totals on lines 3 and 10.

 

Column (e)—Cost or Other Basis

 

In general, the cost or other basis is the cost of the property plus purchase commissions and improvements, minus depreciation, amortization, and depletion. If you inherited the property, got it as a gift, or received it in a tax-free exchange, involuntary conversion, or “wash sale” of stock, you may not be able to use the actual cost as the basis. If you do not use the actual cost, attach an explanation of your basis.

If you sold stock, adjust your basis by subtracting all the nondividend distributions you received before the sale. Also adjust your basis for any stock splits. See Pub. 550 for details.

If you elected to recognize gain on an asset held on January 1, 2001, your basis in the asset is its closing market price or fair market value, whichever applies, on the date of the deemed sale and reacquisition, whether the deemed sale resulted in a gain or an unallowed loss.

You may elect to use an average basis for all shares of a mutual fund if you acquired the shares at various times and prices and you left the shares on deposit in an account handled by a custodian or agent who acquired or redeemed those shares. If you are reporting an average basis, include “AVGB” in column (a) of Schedule D. For details on making the election and how to figure average basis, see Pub. 564.

The basis of property acquired by gift is generally the basis of the property in the hands of the donor. The basis of property acquired from a decedent is generally the fair market value at the date of death. See Pub. 551 for details.

Increase the cost or other basis of an original issue discount (OID) debt instrument by the amount of OID that has been included in gross income for that instrument. See Pub. 550 for details.

If a charitable contribution deduction is allowed because of a bargain sale of property to a charitable organization, the adjusted basis for purposes of determining gain from the sale is the amount that has the same ratio to the adjusted basis as the amount realized has to the fair market value. See Pub. 544 for details.

Increase your cost or other basis by any expense of sale, such as broker's fees, commissions, state and local transfer taxes, and option premiums, before making an entry in column (e), unless you reported the net sales price in column (d).

For more details, see Pub. 551.

Column (f)—Gain or (Loss)

 

You must make a separate entry in this column for each transaction reported on lines 1 and 8 and any other line(s) that applies to you. For lines 1 and 8, subtract the amount in column (e) from the amount in column (d). Enter negative amounts in parentheses.

Capital Loss Carryover Worksheet—Lines 6 and 14

 
Use this worksheet to figure your capital loss carryovers from 2005 to 2006 if your 2005 Schedule D, line 21, is a loss and (a) that loss is a smaller loss than the loss on your 2005 Schedule D, line 16, or(b) the amount on your 2005 Form 1040, line 41 (or your 2005 Form 1040NR, line 38, if applicable), reduced by any amount on your 2005 Form 8914, line 2, is less than zero. Otherwise, you do not have any carryovers.
1. Enter the amount from your 2005 Form 1040, line 41, or Form 1040NR, line 38. If a loss, enclose the amount in parentheses 1.    
2. Did you file Form 8914 (to claim an exemption amount for housing someone displaced by Hurricane Katrina) for 2005?
Box
No. Enter -0-.
Box
Yes. Enter the amount from your 2005 Form 8914, line 2
2.    
3. Subtract line 2 from line 1. If the result is less than zero, enclose it in parentheses 3.    
4. Enter the loss from your 2005 Schedule D, line 21, as a positive amount 4.    
5. Combine lines 3 and 4. If zero or less, enter -0- 5.    
6. Enter the smaller of line 4 or line 5 6.    
  If line 7 of your 2005 Schedule D is a loss, go to line 7; otherwise, enter -0- on line 7 and go to line 11.      
7. Enter the loss from your 2005 Schedule D, line 7, as a positive amount 7.    
8. Enter any gain from your 2005 Schedule D, line 15. If a loss, enter -0- 8.        
9. Add lines 6 and 8 9.    
10. Short-term capital loss carryover for 2006. Subtract line 9 from line 7. If zero or less, enter -0-. If more than zero, also enter this amount on Schedule D, line 6 10.    
  If line 15 of your 2005 Schedule D is a loss, go to line 11; otherwise, skip lines 11 through 15.      
11. Enter the loss from your 2005 Schedule D, line 15, as a positive amount 11.    
12. Enter any gain from your 2005 Schedule D, line 7. If a loss, enter -0- 12.        
13. Subtract line 7 from line 6. If zero or less, enter -0- 13.        
14. Add lines 12 and 13 14.    
15. Long-term capital loss carryover for 2006. Subtract line 14 from line 11. If zero or less, enter -0-. If more than zero, also enter this amount on Schedule D, line 14 15.    
             

Line 18

 

If you checked “Yes” on line 17, complete the worksheet on page D-8 if either of the following apply for 2006.

  • You reported in Part II a section 1202 exclusion from the eligible gain on qualified small business stock (see page D-4), or

  • You reported in Part II a collectibles gain or (loss). A collectibles gain or (loss) is any long-term gain or deductible long-term loss from the sale or exchange of a collectible that is a capital asset.

 

Collectibles include works of art, rugs, antiques, metals (such as gold, silver, and platinum bullion), gems, stamps, coins, alcoholic beverages, and certain other tangible property.

Include on the worksheet any gain (but not loss) from the sale or exchange of an interest in a partnership, S corporation, or trust held for more than 1 year and attributable to unrealized appreciation of collectibles. For details, see Regulations section 1.1(h)-1. Also, attach the statement required under Regulations
section 1.1(h)-1(e).

28% Rate Gain Worksheet—Line 18

 
1. Enter the total of all collectibles gain or (loss) from items you reported on line 8, column (f), of Schedules D and D-1 1.    
2. Enter as a positive number the amount of any section 1202 exclusion you reported on line 8, column (f), of Schedules D and D-1, for which you excluded 50% of the gain, plus ⅔ of any section 1202 exclusion you reported on line 8, column (f), of Schedules D and D-1, for which you excluded 60% of the gain 2.    
3. Enter the total of all collectibles gain or (loss) from Form 4684, line 4 (but only if Form 4684, line 15, is more than zero); Form 6252; Form 6781, Part II; and Form 8824 3.    
4. Enter the total of any collectibles gain reported to you on:
  • Form 1099-DIV, box 2d;

  • Form 2439, box 1d; and

  • Schedule K-1 from a partnership, S corporation, estate, or trust.

Right brace
  4.    
5. Enter your long-term capital loss carryovers from Schedule D, line 14, and Schedule K-1 (Form 1041),
box 11, code C
5. ()  
6. If Schedule D, line 7, is a (loss), enter that (loss) here. Otherwise, enter -0- 6. ()  
7. Combine lines 1 through 6. If zero or less, enter -0-. If more than zero, also enter this amount on
Schedule D, line 18
7.    
                     

Line 19

 

If you checked “Yes” on line 17, complete the worksheet on page D-9 if any of the following apply for 2006.

  • You sold or otherwise disposed of section 1250 property (generally, real property that you depreciated) held more than 1 year.

  • You received installment payments for section 1250 property held more than 1 year for which you are reporting gain on the installment method.

  • You received a Schedule K-1 from an estate or trust, partnership, or S corporation that shows “unrecaptured section 1250 gain.

  • You received a Form 1099-DIV or Form 2439 from a real estate investment trust or regulated investment company (including a mutual fund) that reports “unrecaptured section 1250 gain.

  • You reported a long-term capital gain from the sale or exchange of an interest in a partnership that owned section 1250 property.

 

Instructions for the Unrecaptured Section 1250 Gain Worksheet

 
Lines 1 through 3.   If you had more than one property described on line 1, complete lines 1 through 3 for each property on a separate worksheet. Enter the total of the line 3 amounts for all properties on line 3 and go to line 4.

 

Line 4.   To figure the amount to enter on line 4, follow the steps below for each installment sale of trade or business property held more than 1 year.

 

Step 1.   Figure the smaller of (a) the depreciation allowed or allowable or (b) the total gain for the sale. This is the smaller of line 22 or line 24 of your 2006 Form 4797 (or the comparable lines of Form 4797 for the year of sale) for the property.

 

Step 2.   Reduce the amount figured in step 1 by any section 1250 ordinary income recapture for the sale. This is the amount from line 26g of your 2006 Form 4797 (or the comparable line of Form 4797 for the year of sale) for the property. The result is your total unrecaptured section 1250 gain that must be allocated to the installment payments received from the sale.

 

Step 3.   Generally, the amount of section 1231 gain on each installment payment is treated as unrecaptured section 1250 gain until the total unrecaptured section 1250 gain figured in step 2 has been used in full. Figure the amount of gain treated as unrecaptured section 1250 gain for installment payments received in 2006 as the smaller of (a) the amount from line 26 or line 37 of your 2006 Form 6252, whichever applies, or (b) the amount of unrecaptured section 1250 gain remaining to be reported. This amount is generally the total unrecaptured section 1250 gain for the sale reduced by all gain reported in prior years (excluding section 1250 ordinary income recapture). However, if you chose not to treat all of the gain from payments received after May 6, 1997, and before August 24, 1999, as unrecaptured section 1250 gain, use only the amount you chose to treat as unrecaptured section 1250 gain for those payments to reduce the total unrecaptured section 1250 gain remaining to be reported for the sale. Include this amount on line 4.

 

Line 10.   Include on line 10 your share of the partnership's unrecaptured section 1250 gain that would result if the partnership had transferred all of its section 1250 property in a fully taxable transaction immediately before you sold or exchanged your interest in that partnership. If you recognized less than all of the realized gain, the partnership will be treated as having transferred only a proportionate amount of each section 1250 property. For details, see Regulations section 1.1(h)-1. Also attach the statement required under Regulations
section 1.1(h)-1(e).

 

Line 12.   An example of an amount to include on line 12 is unrecaptured section 1250 gain from the sale of a vacation home you previously used as a rental property but converted to personal use prior to the sale. To figure the amount to enter on line 12, follow the applicable instructions below.

 

Installment sales.   To figure the amount to include on line 12, follow the steps below for each installment sale of property held more than 1 year for which you did not make an entry in Part I of your Form 4797 for the year of sale.
  • Step 1. Figure the smaller of (a) the depreciation allowed or allowable or (b) the total gain for the sale. This is the smaller of line 22 or line 24 of your 2006 Form 4797 (or the comparable lines of Form 4797 for the year of sale) for the property.

  • Step 2. Reduce the amount figured in step 1 by any section 1250 ordinary income recapture for the sale. This is the amount from line 26g of your 2006 Form 4797 (or the comparable line of Form 4797 for the year of sale) for the property. The result is your total unrecaptured section 1250 gain that must be allocated to the installment payments received from the sale.

  • Step 3. Generally, the amount of capital gain on each installment payment is treated as unrecaptured section 1250 gain until the total unrecaptured section 1250 gain figured in step 2 has been used in full. Figure the amount of gain treated as unrecaptured section 1250 gain for installment payments received in 2006 as the smaller of (a) the amount from line 26 or line 37 of your 2006 Form 6252, whichever applies, or (b) the amount of unrecaptured section 1250 gain remaining to be reported. This amount is generally the total unrecaptured section 1250 gain for the sale reduced by all gain reported in prior years (excluding section 1250 ordinary income recapture). However, if you chose not to treat all of the gain from payments received after May 6, 1997, and before August 24, 1999, as unrecaptured section 1250 gain, use only the amount you chose to treat as unrecaptured section 1250 gain for those payments to reduce the total unrecaptured section 1250 gain remaining to be reported for the sale. Include this amount on line 12.

 

Other sales or dispositions of section 1250 property.   For each sale of property held more than 1 year (for which you did not make an entry in Part I of Form 4797), figure the smaller of (a) the depreciation allowed or allowable or (b) the total gain for the sale. This is the smaller of line 22 or line 24 of Form 4797 for the property. Next, reduce that amount by any section 1250 ordinary income recapture for the sale. This is the amount from line 26g of Form 4797 for the property. The result is the total unrecaptured section 1250 gain for the sale. Include this amount on line 12.

 

Unrecaptured Section 1250 Gain Worksheet—Line 19

 
  If you are not reporting a gain on Form 4797, line 7, skip lines 1 through 9 and go to line 10.  
1. If you have a section 1250 property in Part III of Form 4797 for which you made an entry in Part I of Form 4797 (but not on Form 6252), enter the smaller of line 22 or line 24 of Form 4797 for that property. If you did not have any such property, go to line 4. If you had more than one such property, see instructions 1.      
2. Enter the amount from Form 4797, line 26g, for the property for which you made an entry on line 1 2.      
3. Subtract line 2 from line 1 3.      
4. Enter the total unrecaptured section 1250 gain included on line 26 or line 37 of Form(s) 6252 from installment sales of trade or business property held more than 1 year (see instructions) 4.      
5. Enter the total of any amounts reported to you on a Schedule K-1 from a partnership or an S corporation as “unrecaptured section 1250 gain 5.      
6. Add lines 3 through 5 6.      
7. Enter the smaller of line 6 or the gain from Form 4797, line 7 7.      
8. Enter the amount, if any, from Form 4797, line 8 8.      
9. Subtract line 8 from line 7. If zero or less, enter -0- 9.      
10. Enter the amount of any gain from the sale or exchange of an interest in a partnership attributable to unrecaptured section 1250 gain (see instructions) 10.      
11. Enter the total of any amounts reported to you on a Schedule K-1, Form 1099-DIV, or Form 2439 as “unrecaptured section 1250 gain” from an estate, trust, real estate investment trust, or mutual fund (or other regulated investment company) 11.      
12. Enter the total of any unrecaptured section 1250 gain from sales (including installment sales) or other dispositions of section 1250 property held more than 1 year for which you did not make an entry in Part I of Form 4797 for the year of sale (see instructions) 12.      
13. Add lines 9 through 12 13.      
14. If you had any section 1202 gain or collectibles gain or (loss), enter the total of lines 1 through 4 of the 28% Rate Gain Worksheet on page D-7. Otherwise, enter -0- 14.      
15. Enter the (loss), if any, from Schedule D, line 7. If Schedule D, line 7, is zero or a gain, enter -0- 15.   ()  
16. Enter your long-term capital loss carryovers from Schedule D, line 14, and Schedule K-1 (Form 1041), box 11, code C 16.   ()  
17. Combine lines 14 through 16. If the result is a (loss), enter it as a positive amount. If the result is zero or a gain, enter -0- 17.      
18. Unrecaptured section 1250 gain. Subtract line 17 from line 13. If zero or less, enter -0-. If more than zero, enter the result here and on Schedule D, line 19 18.      
                 

Line 21

 

You have a capital loss carryover from 2006 to 2007 if you have a loss on line 16 and either:

  • That loss is more than the loss on line 21, or

  • The amount on Form 1040, line 41 (or Form 1040NR, line 38, if applicable), reduced by any amount on line 6 of Form 8914 (relating to an exemption for housing someone displaced by Hurricane Katrina), is less than zero.

 

To figure any capital loss carryover to 2007, you will use the Capital Loss Carryover Worksheet in the 2007 Instructions for Schedule D. If you want to figure your carryover now, see Pub. 550.

Copy of prior Form 1040

You will need a copy of your 2006 Form 1040 and Schedule D to figure your capital loss carryover to 2007.

 

 

Schedule D Tax Worksheet

 
  Complete this worksheet only if line 18 or line 19 of Schedule D is more than zero. Otherwise, complete the Qualified Dividends and Capital Gain Tax Worksheet on page 38 of the Instructions for Form 1040 (or in the Instructions for Form 1040NR) to figure your tax.  
 
Exception: Do not use the Qualified Dividends and Capital Gain Tax Worksheet or this worksheet to figure your tax if:
  • Line 15 or line 16 of Schedule D is zero or less and you have no qualified dividends on Form 1040, line 9b (or Form 1040NR, line 10b); or

  • Form 1040, line 43 (or Form 1040NR, line 40) is zero or less.


Instead, see the instructions for Form 1040, line 44 (or Form 1040NR, line 41).
 
 
  1.   Enter your taxable income from Form 1040, line 43 (or Form 1040NR, line 40) 1.      
  2.   Enter your qualified dividends from Form 1040, line 9b (or Form 1040NR, line 10b) 2.        
  3.   Enter the amount from Form 4952, line 4g 3.        
  4.   Enter the amount from Form 4952, line 4e* 4.        
  5.   Subtract line 4 from line 3. If zero or less, enter -0- 5.        
  6.   Subtract line 5 from line 2. If zero or less, enter -0- 6.        
  7.   Enter the smaller of line 15 or line 16 of Schedule D 7.        
  8.   Enter the smaller of line 3 or line 4 8.        
  9.   Subtract line 8 from line 7. If zero or less, enter -0- 9.        
  10.   Add lines 6 and 9 10.        
  11.   Add lines 18 and 19 of Schedule D 11.        
  12.   Enter the smaller of line 9 or line 11 12.        
  13.   Subtract line 12 from line 10 13.      
  14.   Subtract line 13 from line 1. If zero or less, enter -0- 14.      
  15.   Enter the smaller of:  
      • The amount on line 1 or
•$30,650 if single or married filing separately;
$61,300 if married filing jointly or qualifying widow(er); or
$41,050 if head of household
Right brace
  15.        
  16.   Enter the smaller of line 14 or line 15 16.        
  17.   Subtract line 10 from line 1. If zero or less, enter -0- 17.        
  18.   Enter the larger of line 16 or line 17 18.        
      If lines 15 and 16 are the same, skip lines 19 and 20 and go to line 21. Otherwise, go to line 19.  
  19.   Subtract line 16 from line 15 19.        
  20.   Multiply line 19 by 5% (.05) 20.      
      If lines 1 and 15 are the same, skip lines 21 through 33 and go to line 34. Otherwise, go to line 21.  
  21.   Enter the smaller of line 1 or line 13 21.        
  22.   Enter the amount from line 19 (if line 19 is blank, enter -0-) 22.        
  23.   Subtract line 22 from line 21. If zero or less, enter -0- 23.        
  24.   Multiply line 23 by 15% (.15) 24.      
      If Schedule D, line 19, is zero or blank, skip lines 25 through 30 and go to line 31. Otherwise, go to line 25.  
  25.   Enter the smaller of line 9 above or Schedule D, line 19 25.        
  26.   Add lines 10 and 18 26.        
  27.   Enter the amount from line 1 above 27.        
  28.   Subtract line 27 from line 26. If zero or less, enter -0- 28.        
  29.   Subtract line 28 from line 25. If zero or less, enter -0- 29.        
  30.   Multiply line 29 by 25% (.25) 30.      
      If Schedule D, line 18, is zero or blank, skip lines 31 through 33 and go to line 34. Otherwise, go to line 31.  
  31.   Add lines 18, 19, 23, and 29 31.        
  32.   Subtract line 31 from line 1 32.        
  33.   Multiply line 32 by 28% (.28) 33.      
  34.   Figure the tax on the amount on line 18. Use the Tax Table or Tax Computation Worksheet, whichever applies 34.      
  35.   Add lines 20, 24, 30, 33, and 34 35.      
  36.   Figure the tax on the amount on line 1. Use the Tax Table or Tax Computation Worksheet, whichever applies 36.      
  37.   Tax on all taxable income (including capital gains and qualified dividends). Enter the smaller of line 35 or line 36. Also include this amount on Form 1040, line 44 (or Form 1040NR, line 41) 37.      
               
      *If applicable, enter instead the smaller amount you entered on the dotted line next to line 4e of Form 4952.        
David Stewart
QDear Dave, My wife and myself each gave our son 27yr. old $12,000 dollars so that he could buy a house. What are the rules on gift giving and any tax implications for us or my son. We did this on 3/07 so info is need for next year. thanks
Jim, Phila., PA  04/11/07
A

Please see Gift Taxes IRS Tax Tip 2007-39... http://www.irs.gov/newsroom/article/0,,id=107815,00.html

 

 

If you gave any one person gifts in 2006 that valued at more than $12,000, you must report the total gifts to the Internal Revenue Service and may have to pay tax on the gifts.

 

 

The person who receives your gift does not have to report the gift to the IRS or pay gift or income tax on its value.

 

 

Gifts include money and property, including the use of property without expecting to receive something of equal value in return. If you sell something at less than its value or make an interest-free or reduced-interest loan, you may be making a gift.

 

 

There are some exceptions to the tax rules on gifts. The following gifts do not count against the annual limit:

 

 

Tuition or Medical Expenses that you pay directly to an educational or medical institution for someone's benefit

 

Gifts to your Spouse

 

Gifts to a Political Organization for its use

 

Gifts to Charities

 

If you are married, both you and your spouse can give separate gifts of up to the annual limit to the same person without making a taxable gift.

 

 

******** This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. ********

 

 

 

TAX TIP: E-FILE -

 

More than 50 percent of all Pennsylvania taxpayers filed electronically last year. It’s fast, easy, and accurate and is for individual taxpayers for tax professionals and for large and mid-size corporations. ********

 

 

This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. ********

 

 

For more information visit us at IRS.gov.

 

 

For more information, get the IRS Publication 950, Introduction to Estate and Gift Taxes, IRS Form 709, United States Gift Tax Return, and Instructions for Form 709. They are available at the IRS Web site at IRS.gov in the Forms and Publications section or by calling 800-TAX-FORM (800-829-3676).

 

 

David Stewart
QMy son Ryan has a full ride scholarship to the University of Texas. He has a full ride. Although he really resides in Texas now at school and only comes home once or twice a year to viisit, I get the 1099 (or whatever) for tax purposes. How do I handle this on my 1040 tax form or would it be better for him to put it on a form of his own??
Anonymous, Pittsburgh, PA  04/11/07
A
Topic 421 - Scholarship and Fellowship Grants

If you receive a scholarship or fellowship grant, all or part of the amounts you receive may be tax–free.

Qualified scholarship and fellowship grants are treated as tax–free amounts if all the following conditions are met:

  1. You are a candidate for a degree at an educational institution that maintains a regular faculty and curriculum and normally has a regular enrolled body of students in attendance at the place where it carries on its educational activities;
  2. Amounts you receive as a scholarship or fellowship are used for tuition and fees required for enrollment or attendance at the educational institution, or for books, supplies, and equipment required for courses of instruction; and
  3. The amounts received are not a payment for your services.

 

However, if you receive a scholarship award under the National Health Service Corps Scholarship Program or the Armed Forces Health Professions Scholarship and Financial Assistance Program, the amount received is tax free without regard to any services you are obligated to perform.

You must include in gross income amounts used for incidental expenses, such as room and board, travel, and optional equipment, as well as amounts received as payments for teaching, research, or other services required as a condition for receiving the scholarship or fellowship grant.

If any part of your scholarship or fellowship grant is taxable, you may have to make estimated tax payments. For more information refer to Topic 355 or to Publication 970 , Tax Benefits for Education.

David Stewart
QI efiled my taxes at HR Tax Cut in February and received my refund in Feb. I moved in November and the new owner just told me this week that he had a 1099-Misc form at the old house for $1000. Can I amend my efile? I also think I have enough medical expenses (what is the percentage of income) to amend as well since I was out of work most of last year so didn't use an FSA. What is the easiest way to do both of these? Thanks.
Anonymous, Conshohocken, PA  04/10/07
A

Check out the following two tax topics.

Topic 308 - Amended Returns… http://www.irs.gov/taxtopics/tc308.html

If you discover an error after your return has been mailed, you may need to amend your return. The service center may correct errors in math on a return and may accept returns with certain forms or schedules left out. In these instances, do not amend your return!

However, do file an amended return if any of the following were reported incorrectly:

your filing status

your total income 

your deductions or credits

An amended return must be filed on a paper Form 1040X (PDF), Amended U.S. Individual Income Tax Return, and mailed to your servicing center for processing. You may submit the form after the IRS processes your original return.

Use Form 1040X (PDF), Amended U.S. Individual Income Tax Return, to correct a previously filed Form 1040 (PDF), Form 1040A (PDF), Form 1040EZ (PDF), Form 1040NR (PDF), or Form 1040NR-EZ (PDF). If you are filing to claim an additional refund, wait until you have received your original refund (you may cash that check). To avoid penalty and interest, if you owe additional tax for a current year amended return, file Form 1040X and pay the tax by April 15 of the current year. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day (i.e., Tax Year 2006 is due April 17, 2007).  

File a separate Form 1040X for each year you are amending. Be sure to enter the year of the return you are amending at the top of Form 1040X. The form has three columns. Column A is used to show original or adjusted figures from the original return. Column C is used to show the corrected figures. The difference between the figures in Columns A and C is shown in Column B. There is an area on the back of the form where you explain the specific changes being made on the return and the reason for each change. If the changes involve another schedule or form, attach it to the 1040X. For example, if you are filing a 1040X because you have a qualifying child and now want to claim the Earned Income Credit, you must attach a Form 1040 Schedule EIC (PDF) to show the qualifying person's name, year of birth, and social security number.  

Generally, to claim a refund, Form 1040X must be filed within 3 years from the date you filed your original return or within 2 years from the date you paid the tax, whichever is later.

 If you are filing more than one amended return, be sure to mail each in a separate envelope to the service center for the area in which you live. The Form 1040X Instructions list the addresses for the service centers.

 Please Note: Your state tax liability may be affected by a change made on your federal return. For information on how to correct your state tax return, contact your state tax agency.

 Topic 502 - Medical and Dental Expenses… http://www.irs.gov/taxtopics/tc502.html

 You may deduct only the amount by which your total medical care expenses for the year exceed 7.5% of your adjusted gross income. You do this calculation on Form 1040 Schedule A in computing the amount deductible.

 If you itemize your deductions on Form 1040, Schedule A (PDF), you may be able to deduct expenses you paid that year for medical care (including dental) for yourself, your spouse, and your dependents. A deduction is allowed only for expenses paid for the prevention or alleviation of a physical or mental defect or illness. Medical care expenses include payments for the diagnosis, cure, mitigation, treatment, or prevention of disease, or treatment affecting any structure or function of the body. The cost of drugs is deductible only for drugs that require a prescription, except for insulin.

Medical expenses include fees paid to doctors, dentists, surgeons, chiropractors, psychiatrists, psychologists, and Christian Science practitioners. Also included are payments for hospital services, qualified long–term care services, nursing services, and laboratory fees. Payments for acupuncture treatments or inpatient treatment at a center for alcohol or drug addiction are also deductible medical expenses. You may include amounts you paid for participating in a smoking–cessation program and for drugs prescribed to alleviate nicotine withdrawal. However, you may not deduct amounts paid for nicotine gum and nicotine patches, which do not require a prescription. You may deduct the cost of participating in a weight-loss program for a specific disease or diseases, including obesity, diagnosed by a physician. You may not deduct the cost of purchasing diet food items. In addition, you may include expenses for admission and transportation to a medical conference relating to the chronic disease of yourself, your spouse, or your dependent (if the costs are primarily for and essential to the medical care). However, you may not deduct the costs for meals and lodging while attending the medical conference.

 You can only include the medical expenses you paid during the year, regardless of when the services were provided. Your total medical expenses for the year must be reduced by any reimbursement. It makes no difference if you receive the reimbursement or if it is paid directly to the doctor or hospital.

 You may include qualified medical expenses you pay for yourself, your spouse, and your dependents, including a person you claim as a dependent under a multiple support agreement. If either parent claims a child as a dependent under the rules for divorced or separated parents, each parent may deduct the medical expenses he or she actually pays for the child. You can also deduct medical expenses you paid for someone who would have qualified as your dependent except that the person didn't meet the gross income or joint return test. Refer to Topic 354, Dependents.

  ******** This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. ********

 TAX TIP: AUDITS –

 If you receive a notice from the IRS in the mail, do not panic. Open the letter and contact the IRS as soon as possible so you can start to address the issue. If your return is selected for examination, it does not suggest that you made an error or are dishonest. Returns are chosen by computerized screening, by random sample, or by an income document matching program. You should also know that many examinations result in a refund or acceptance of the tax return without change. ******** 

For more information visit us at IRS.gov.

David Stewart
QMy former boyfriend bought me a Roth IRA in Florence, SC where he lives as a birthday present in 2005. It automatically rolled over in 2006. I just received notice that it matured on 4/8/07 and I have 10 days to make changes. It is now worth $1601.99. Unfortunately, this 'ex' is no longer in my life and I wish to terminate anything associated with him. Can I ask them to send me a check? What would the penalties/tax ramifications be? I am 43.
Anonymous, Conshohocken, PA  04/10/07
A

Check out Tax Topic 428 - Roth IRA Distributions… http://www.irs.gov/taxtopics/tc428.html

 

In general, you do not include in your gross income qualified distributions from your Roth IRA. You may have to include part of other distributions from Roth IRA(s) in your income.

A qualified distribution is generally, any payment or distribution made after the 5–taxable–year period beginning with the first year for which a contribution was made to a Roth IRA set up for you, and that is made on or after you reach age 59 1/2, made because you are disabled, made to a beneficiary or to your estate after your death, or that is made to buy, build, or rebuild a first home.

A distribution used to buy, build or rebuild a first home must be used to pay qualified costs for the main home of a first time home buyer who is either yourself, your spouse, or you or your spouse's child, grandchild, parent, or other ancestor.

Part of any distribution that is not a qualified distribution may be taxable as ordinary income and subject to the additional 10% tax on early distributions. Distributions of conversion contributions within a 5–year period following a conversion may be subject to the 10% early distribution tax, even if the contributions have been included as income in an earlier year. Refer to Topic 558, Early Distributions from IRA's, for more information.

******* This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. **********

TAX TIP: TELEPHONE EXCISE TAX REFUND -

The Telephone Excise Tax Refund (TETR) is a one-time payment available on your 2006 federal income tax return. It is designed to refund previously collected long distance telephone taxes. You can request a standard amount or request the actual amount paid. Individuals, businesses and tax-exempt organizations are eligible to request it. ********

For more information visit us at IRS.gov.

David Stewart
QMy 27 y/o daughter was injured in a workplace accident in 2005. She is receiving workers compensation and has not been able to work. She has moved home in 2006 and I have been providing her with the necesary items of life. Does she qualify as a dependent under the current IRS regs?
Anonymous, Abington, PA  04/10/07
A

There are a number of issues here to determine if you can claim her as a dependent. There are five tests that must be met for a child to be your qualifying child. The five tests are:

Relationship, Age, Residency, Support, and Special test for qualifying child of more than one person..

Please review Publication 17 at the IRS.gov Web site. There are numerous examples listed to help you determine if you can claim this person as a dependent... http://www.irs.gov/publications/p17/ch03.html#d0e11503

 ******** This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. ******** 

 TAX TIP: E-FILE -

More than 50 percent of all Pennsylvania taxpayers filed electronically last year. It’s fast, easy, and accurate and is for individual taxpayers for tax professionals and for large and mid-size corporations. ********

This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional. ********

For more information visit us at IRS.gov.

David Stewart
QI owe 3,500 to the Irs because my bonuses and my deceased father's pension threw me over the 100,000 mark for the year. Can I pay in installments or is this not a good idea? I do have the money but it will leave me without a cushion. What do you suggest?
Anonymous, media, PA  04/10/07
A

It's Important to Pay Taxes in Full

 

Whether paying with a timely filed tax return, or filing late and paying late after receiving a bill from the IRS (and the bill is correct), taxpayers are encouraged to pay the taxes they owe in full. If taxes are not paid, and no effort is made to pay them, the IRS can ask a taxpayer to take action to pay the taxes, such as selling or mortgaging any assets owned or getting a loan. If effort is still not made to pay the bill, or make other payment arrangements, the IRS could also take more serious enforced collection action, such as levying bank accounts, wages, or other income, or taking other assets. A Notice of Federal Tax Lien could be filed that may have a detrimental effect on a taxpayer’s credit standing. See information about Liens and Levies.

Ways to Pay Taxes

Payments can be made by credit card, electronic funds transfer, check, money order, cashier’s check, or cash.

Electronic Payment Options for Individuals and Businesses

Electronic payment options are convenient, safe and secure methods for paying taxes. Taxpayers can authorize an electronic funds withdrawal, use a credit card, or enroll in the U.S. Treasury’s Electronic Federal Tax Payment System (EFTPS).

Electronic payment options give taxpayers an alternative to paying taxes by check or money order. Payments can be made 24 hours a day, 7 days a week.  The electronic funds withdrawal and EFTPS options are free!

Payments by credit card can be made through one of two official vendors:

Electronic funds transfers directly from a bank account can be made by enrolling in the Electronic Federal Tax Payment System (EFTPS).

Payments by check, money order, or cashier’s check, should:

  • Be made payable to United States Treasury (or U.S. Treasury)
  • Include the social security number or employer identification number, tax period, and related tax form number
  • Be mailed to the address listed on the notice or instructions

Cash payments can only be made in person at a local IRS Office. Do not send cash through the mail.

Other Ways to Resolve Tax Debts

Taxpayers with a balance due on their return should consider:

  • Cash advances on credit cards
  • Bank loans
  • Liquidating savings accounts, savings bonds, stocks, etc.
  • Borrowing against 401(k), Life Insurance, etc.
  • Using equity in real estate or other assets

Taxpayers unable to pay all taxes due on the bill are encouraged to pay as much as possible. By paying as much as possible now, the amount of penalties interest and penalties owed will be lessened. They should then immediately call the number or write to the address on the bill they receive, or visit the nearest IRS office to explain their situation.

Based on the circumstances, a taxpayer could qualify for an extension of time to pay. The IRS is willing to offer extensions of time to pay in order to assist in tax debt repayment. A taxpayer can request an extension from 30 - 120 days depending on the specific situation. Penalties and interest incurred will be less through an extension of time to pay rather than seeking to enter into an installment agreement.

If a taxpayer cannot make payment in full upon receipt of the bill, the IRS may request a Collection Information Statement (CIS) to compare individual or business monthly income with expenses and to assist in determining a payment plan.

More ways taxpayers can use to resolve their debt include:

When do Penalties and Interest Apply?

Penalties and interest do not apply in years in which a taxpayer is entitled to a refund. About a third of those who file returns for past years discover they have a refund coming.

Penalties and interest apply to years in which money is owed. The interest charged on late payments changes quarterly. During the last several years the interest rate has ranged from a high of 9 percent to a low of 4 percent.

The penalty for filing late is generally 5 percent per month, or part of a month, up to 25 percent of the amount of the tax shown due on the return. The penalty for paying late is 1/2 of 1 percent per month, up to 25 percent of the unpaid amount due.

The IRS recognizes many people drop out of the system because of personal problems, including serious illness, a death in the family, or loss of financial records in a natural disaster. Depending on the situation, informing the IRS why returns have not been filed could result in a waiver of penalties.

Other Considerations:

  • Taxes paid in a timely manner reduces the amount of penalties and interest a taxpayer may owe
  • Interest is calculated on the unpaid balance, penalties, and interest that has been charged to the tax account
  • While making payments on a tax debt through an installment agreement, penalties and interest continue on the unpaid portion of that debt
  • The interest rate on a bank loan or cash advances on a credit card may be lower than the combination of penalties and interest imposed by the Internal Revenue Code

Related Resources

David Stewart
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