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About Neil Johnson (The Tax Dude®)
(Top Expert on this page)

Expertise
CPA to answer Federal income tax related questions for individuals, small business owners, estates and trusts. I also specialize in divorce related tax and financial planning matters. I have extensive experience in nearly all areas of income taxation relating to businesses and individuals. I also regularly serve as a strategic consultant on a wide range of non-tax related business issues. In addition, I provide aggressive, experienced and skilled representation against IRS challenges at the audit and appeals. I have successfully represented clients against the IRS on issues regarding reasonable compensation, valuation discounts, time value of money, travel and entertainment expenses, innocent spouse relief and personal liability for unpaid business taxes.

Experience
Over 18 years in public accounting with an emphasis in taxes.

Education/Credentials
B.A. (Accounting) Loyola University of Chicago Over 300 hours of continuing professional education since June 2001.

   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes)

Questions Answered By Expert  Neil Johnson (The Tax Dude®) 
In Category  Tax Law (Questions About Taxes)

SubjectDate Asked

Transportation worker per diems11/16/2008
  Q: I am trying to find out what the transportation employee (like a pilot) per diem rates were in ...
  A: Harold, For airline workers, here are MIE rates and the percentages can be deducted by year: MIE ...
tax on commercial property11/1/2008
  Q: tax break from commercial property sold in 2007.. property was deeded to the son 1980. last parent ...
  A: Linda, If the property was deeded to the son in 1980, it doesn't matter when the either of the ...
life estates...capital gains and gifts10/26/2008
  Q: In 2002, My mother put her principal residence ( in New York) into a life estate, and put my name ...
  A: Theresa, Since your mother is still alive, the life estate is not a factor for tax purposes. A ...
Definition of "Gross Proceeds" on 1099 B10/15/2008
  Q: In the context of exercising a stock option, on a 1099 B in Box 2, should Gross Proceeds be ...
  A: Matt, Gross proceeds on a 1099-B refers to the net sales price of the stock. Net sales price is ...
short sale and 109910/6/2008
  Q: I thought the president passed a law that if you sale your home as a short sale and it is your ...
  A: Kim, The lenders are required to send either 1099-C when a debt is cancelled. The new tax law does ...
K1 form on limitted partnership9/17/2008
  Q: I am considering making an investment in a limited partnership where the investment returns are ...
  A: Lorenzo, When you receive your K-1 package, the partnership should provide you with the necessary ...
Artists, Audits and Taxes!9/16/2008
  Q: I am a working artist who like most creative folks, has a full time day job as well to make ends ...
  A: Blanchjoe, I work with a large number of creatives. The biggest hurdle you would have in an IRS ...
Claiming a child5/16/2008
  Q: When I divorced my ex-husband, he was able to afford an attorney and I wasn't. I tried to get as ...
  A: Julie, Sorry about the delay in answering your question. I forgot to change my availability dates ...
Charitable Donation - Business5/5/2008
  Q: I'm on the board of a foundation that sponsors a race every year. Local businesses donate cash and ...
  A: Ann, If you contribute to a charity and receive something in return, then the charitable deduction ...
Life Estate and Taxes5/4/2008
  Q: Last year, my mother deeded me her 4 family house and reserved a life estate. She is not living at ...
  A: Angel, In most places, a life estate has the right to do anything in terms of use of the property ...
quit claim deed5/3/2008
  Q: my wife's mother owns two pieces of rental property which her children will inherit.she is 86 years ...
  A: Jack, If your mother-in-law quit claims a rental property to your wife, there are a few tax issues ...
my ex and his tax return5/2/2008
  Q: My question is: my ex owes back child support to me and his ex wife. She is suppose to be owed about ...
  A: Sherrie, Based on the amount of your ex-husband's refund of $6,895, you would receive your $1,800 ...
error amt put on fed and state tax form5/1/2008
  Q: After I went ahead and efiled both state & fed return, was expecting a refund from both then a few ...
  A: Laura, Typically when you file a tax return, one of the initial things that happens during IRS or ...
Sale of CA residence3/2/2008
  Q: Aunt and Uncle were married but divorced in the early 1980’s but never separated. They bought their ...
  A: Andrew, I'm going to answer your questions assuming your uncle's living trust named your aunt as ...
IRA Distribution for home purchase2/29/2008
  Q: My wife and I have done all of our savings in our retirement accounts. Now we want to purchase our ...
  A: Ryan, You and your wife should be commended for diligently saving for retirement. I have some ...
Home Flipping Business Related expenses2/28/2008
  Q: My girlfriend and I bought a house to flip 1/07. We currently(2/08) have it up for sale and hope to ...
  A: Ed, Any costs you incur while improving or maintaining the property you plan to flip are added to ...
Mortgage Interest after divorce2/21/2008
  Q: I am paying the mortgage on a home that I received as part of a divorce settlement. Both my ...
  A: Jennifer, You are entitled to the deduction. The issue you will have is the IRS routinely matches ...
Loan Defalcation and Unified Tax Credit2/19/2008
  Q: Actually I have 2 short questions: (1) I made a $15,000 loan to a business 3 years ago which they ...
  A: Steven, Even though the loans were made to a business. The bad debt is considered nonbusiness. If ...
Loan Defalcation and Unified Tax Credit2/19/2008
  Q: Actually I have 2 short questions: (1) I made a $15,000 loan to a business 3 years ago which they ...
  A: Steven, Even though the loans were made to a business. The bad debt is considered nonbusiness. If ...
Loan Defalcation and Unified Tax Credit2/19/2008
  Q: Actually I have 2 short questions: (1) I made a $15,000 loan to a business 3 years ago which they ...
  A: Steven, Even though the loans were made to a business. The bad debt is considered nonbusiness. If ...
Loan Defalcation and Unified Tax Credit2/19/2008
  Q: Actually I have 2 short questions: (1) I made a $15,000 loan to a business 3 years ago which they ...
  A: Steven, Even though the loans were made to a business. The bad debt is considered nonbusiness. If ...
Injured spouse2/18/2008
  Q: I usually file my taxes on line using turbotax or a related product. Is there a way to file an ...
  A: Kim, Unfortunately, there is no way to file an injured spouse claim electronically. I usually have ...
internship2/17/2008
  Q: My daughter graduated from college in June 2007 with a degree in nutrition. In September she ...
  A: Mary, In order to deduct costs associated with the internship, the costs must be required by your ...
Rental of personal property2/16/2008
  Q: I'm currently in the process of filing my income taxes. I have a rental property that I started ...
  A: Brandon, The income and expenses which relate to your rental property are reported on Schedule E. ...
converting a home to a rental2/13/2008
  Q: If I convert my home to a rental and only rent for 3 years, is it possible not to depreciate the ...
  A: Sandy, You could choose not to take depreciation on your rental, but it won't help. When you sell ...
1099 form2/11/2008
  Q: My husband grandmother opened a $1000.00 Cd for him when he was younger. Last Feb-Mar. He cashed it ...
  A: Mandi, The bank should be issuing a 1099 for the interest earned in 2007. If you haven't received ...
tax question on forfeited earnest money2/10/2008
  Q: I am a buyer for a property in florida. I put $5000 as downpayment and would like to get out of this ...
  A: Elizabeth, If the down payment was for a primary or second home, the forfeited amount would not be ...
Self-employed health insurance question2/9/2008
  Q: I am currently working as a self-employed consultant (sole proprietor for now) and was wondering ...
  A: Jon, As long as you are self employed and pay your own health insurance premiums, the full amount ...
company employee tax issues2/6/2008
  Q: at my current place of employment, we recieved w-2 and just recently recieved 1099 for certain ...
  A: Anthony, My apologizes for the delay in responding to your questions. Over the years I have dealt ...
Dependant2/5/2008
  Q: I am a junion in college who made about 25,000 last year. My parents pay for my school each ...
  A: Angie, If your parents provided more than half of your support, they would be entitled to claim you ...
MI tax question2/4/2008
  Q: I live and work in michigan and the company i work for is also based out of michigan. My employer ...
  A: Sierra, Nothing illegal is happening. It's just an unfortunate clerical error made by your ...
Partial Year Incorporation2/4/2008
  Q: I formed a single-owner (I'm the only employee) S-Corp. in Aug. 07. Prior to that I was a ...
  A: Les, On Schedule C, deduct the amount paid to the S corporation as a miscellaneous expense. You ...
Contract Labor2/4/2008
  Q: I am working part-time and also receiving Soc. Sec. Benefits. As you know, I can only make ...
  A: Margie, Asking your employer to pay you "off the payroll" puts your employer at risk. Paying you ...
NYC resident working in NJ2/3/2008
  Q: I live in NYC but im working in NJ. I started to do my taxes. It seems now since my company only ...
  A: Sean, If you live in one state (New York) and work in another (New Jersey) you must first pay state ...
Final K-1 needed2/3/2008
  Q: I was one of three persons listed on an LLC, when I filed taxes for 2006 with my husband. My name ...
  A: Maureen, K-1 forms are part of the LLCs partnership tax return. Partnership tax returns are due on ...
Schedule D2/3/2008
  Q: I've already filed my 2007 federal return electronically. Now I realize that I had forgotten to ...
  A: Don, You have three years to amend your tax return. I recommend amending your tax return before ...
bad refunds2/2/2008
  Q: Every year my husband and i file our taxes, we always owe state but get a refund on federal. The ...
  A: Kate, You might want to revise the W-4 forms with your employers. Employer's use the allowances ...
filing for 17 yr old student2/2/2008
  Q: My daughter was a 17 yr old full time student and made 4645.00 without any fed tax taken out. Not ...
  A: Anne, Unfortunately, you can't ignore the the W-2 without any federal income tax withheld. The IRS ...
Quit Claim and Taxes2/2/2008
  Q: I'm in the military stationed in Germany. I owned a house in Florida for aprox 3 years. My ...
  A: Darryl, If you simply quit claimed the property to your father-in-law. You don't have a sale or a ...
insurance settlement tax question2/1/2008
  Q: In Gilbert Arizona where I reside. I finally came to an agreement on the amount just a couple of ...
  A: Marco, One of the most basic tenets of tax practice is that if money received merely returns you to ...
Child credits2/1/2008
  Q: My child lives with my ex-wife who is claiming her as a dependent. Since I am Single, can I claim ...
  A: Kas, Even though your ex-wife is claiming your daughter as a dependent, you may still qualify as ...
tax on house flip2/1/2008
  Q: I am a realtor and made a first attempt at flipping a house and had a substantial(but documentable) ...
  A: Tracy, The loss on flipping an investment property is reported on Schedule D. Schedule D is used ...
W-2's2/1/2008
  Q: Today is January 31st and my wifes employer has still not distributed to its employees their ...
  A: Robin, I have two possibilities to offer. First, your wife's employer is currently under a payroll ...
Short Sale and 1099's2/1/2008
  Q: Three years ago I purchased a home that was represented to be worth $330,000. The government and ...
  A: Jim, Fraud or no fraud, your purchase price for the home was $330,000. When you give up your home ...
deposit on home sale1/31/2008
  Q: I got a 40K deposit on a home I was selling. The buyer did not follow through on the purhcase. I ...
  A: Jerry, A seller who retains both the down payment and property must treat the forfeited amount as ...
A previous employer that is currently out of business1/31/2008
  Q: I was employed by a daycare facility from 7/07-9/07 and they decided they were going to shut down. ...
  A: Heather, If you have copies of the payroll checks stubs reflecting your year to date wages and ...
taxes, ira and first home (sort of)1/31/2008
  Q: My wife has had a tratditional IRA for a while. she stopped making contributions a while ago. we ...
  A: Bob, Unfortunately, you have already purchased the property. Taking a withdrawal from an IRA to ...
1099-A Amabdonment of Secured Property1/31/2008
  Q: I just received a 1099-A for the year of 2006, the lender said they sent it last year but did not ...
  A: Gaila, When you lose a home to foreclosure, the tax reporting is the same as if you sold your home. ...
1099-Misc From Vendors1/31/2008
  Q: what should I do with 1099-Misc from vendors? I have recieved tons of them lately.
  A: Stephen, You might want to consider comparing the amounts reported on the 1099s to what you have ...
W-2's1/31/2008
  Q: In the state of Georgia do you have to send in copy 1 into the state department and if so what is ...
  A: Erica, The state copy of your W-2 gets attached to your state income tax return. Here is a link to ...
New S Corp1/31/2008
  Q: My nephew started an Electrical Company in 2007 and invested $50,000 toward material, equipment, ...
  A: Candi, As a shareholder of the S-corporation, your nephew will receive a K-1 reporting the income ...
Filing form 944- employer's annual federal tax return1/30/2008
  Q: my husband owns a small company (sole proprietorship). I am his only employee. He pays me $200 a ...
  A: Trish, The IRS must notify your husband whether or not his business meets the eligibility ...
daycare1/30/2008
  Q: is it my responsibility to give daycare parents a total or is it theirs to give me one?
  A: Heather, If you are a child care provider, you should be providing parents a receipt for the ...
Dependents1/30/2008
  Q: If a father pays child support to the mother of their child and she doesn't work, can her boyfriend ...
  A: Magen, Only the parent with whom a child spends most of the year with is entitled to claim the ...
401K loan1/30/2008
  Q: I was laid off in Nov 2006, and my husband's company was acquired by another in 2007, both after ...
  A: Cami, Unfortunately, you are going to be stuck with paying the tax and 10% on the defaulted loan ...
Rental Property - Secondary residence1/30/2008
  Q: I am trying to fill ou my taxes through turbo tax online and I had a question about the treatment of ...
  A: Mary, Your vacation home unit can be considered a second home for tax purposes. The mortgage ...
2 Offices1/30/2008
  Q: I have an office in which I pay rent. I was going to write the rent off as an expense. I have a ...
  A: Peter, I am assuming you are deducting the office rent on a Schedule C. The rent payments for your ...
Claiming minors that work1/30/2008
  Q: I am the head of household, married with 4 children. My 15 year old twins boys got their first job ...
  A: Steve, You can still claim the boys as dependents as long as you provide more than half of their ...
taxes ib bonus and incentive pay1/28/2008
  Q: At my company, we can opt out of making a 401(k) contribution on any variable pay (bonus) we ...
  A: Pat, Actually there no real difference between having your 401(k) contributions coming out of your ...
10991/28/2008
  Q: I am getting ready to send out a 1099 Misc, to a guy who did some work for me on a rental property ...
  A: Steve, The IRS would prefer you submit a type written 1099, but there is nothing prohibiting you ...
1099-INT1/27/2008
  Q: I sold my shares in a "S" corporation to my brothers for a lump sum of $1,000,000 and monthly ...
  A: Steve, The amount reflected on the 1099-INT should represent the interest portion of the monthly ...
ROTH IRA Conversion1/26/2008
  Q: I am currently doing volunteer work so my income is very low. I made a partial ROTH IRA conversion ...
  A: Norman, If you are still within the 60 day rollover period, there is an easy fix to this issue. ...
Rental Property1/25/2008
  Q: IF we sold our rental property in 2007, I broke even, no profit from the sale, however we did have ...
  A: Ti, Any time you sell depreciable property, Form 4797 is required to prepared. Tax law requires to ...
Filing business taxes quarterly1/25/2008
  Q: Is there a tax program (like taxcut) that will allow me to file my small business taxes quarterly?
  A: Jenny, There really aren't many retail business tax return preparation software packages out there. ...
401k1/25/2008
  Q: Who determines that you are permanent disability for taxes on this as the Doctor has declared this ...
  A: Marlene, As long as licensed physician certifies you with a permanent disability, you qualify for ...
Sub S Corporation1/24/2008
  Q: Can I use an HSA plan for medical expenses if I own more than 5% in my company (California)?
  A: Sue, If you are more than 2% shareholder of a S-Corporation, the company will not be able to make ...
LLC, C-Corp, or S-Corp1/24/2008
  Q: I have a question regarding the three types of Corporations. Myself and two friends of mine are ...
  A: Richard, Most real estate investors are using LLCs because you have more options available for tax ...
delaware/maryland taxes1/24/2008
  Q: I just recieved a letter stating i owe the state of maryland $1,700, from 2004! In 2004 i never ...
  A: Jamie, I imagine if you used a Maryland address to file your 2004 tax returns, Maryland probably ...
Single status when separated1/23/2008
  Q: I live in Pennsylvania. My husband and I have been separated since June and have a signed and ...
  A: Barbara, Unless you are legally divorced, you will need to file as Married Filing Separately. ...
bus office1/23/2008
  Q: I have an S corp. My office is located in my house. HOw do I reflect the expense on 1120S and on ...
  A: Dina, The office in home deduction for a S corporation shareholder/employee should be calculated on ...
tax question1/23/2008
  Q: Me and my husband have three children together we were sepeated for over six months.living in ...
  A: Michelle, If you were not living with your husband for the last six months of the year, you could ...
Rental Property - Income and deductions among joint owners1/22/2008
  Q: Situation: A rental house is owned by two brothers (both on the deed); however, only one of the ...
  A: Steve, Typically if two parties own a rental property, each party would report rental income and ...
1099-misc bonus income1/22/2008
  Q: I received a 1099-misc with an amount on line 7 from my recruiter for my new job. I don't work for ...
  A: Gil, The arrangement for payment of your signing bonus is a bit unusual. With that said if your ...
Filing Exempt1/22/2008
  Q: Is there a penalty for filing exempt for the year and just paying all the taxes at the end of the ...
  A: Toni, Penalties are assessed when taxes are not paid by the appropriate due dates. Will you owe ...
claiming son on taxes1/22/2008
  Q: my son lived with me untill graduating high school in june He had a baby with a girl who moved to ...
  A: Kris, Only one tax return can claim an allowance for your son and it can't be the girl's ...
splitting rental income and deductions1/21/2008
  Q: Situation: A rental house has two brothers on the deed; however, only one of the brothers is on the ...
  A: Steve, Typically if two parties own a rental property, each party would report rental income and ...
Income tax1/21/2008
  Q: I live in pennsylvania and im 19 and go to college. I live with my father. My mother has been ...
  A: Michael, If you live with your father, he should be claiming you as a dependent. Unless your ...
tax write offs1/21/2008
  Q: I am a territory salesperson who pays for all of my own gas, vehicle expenses, clothes, food, home ...
  A: Richie, There isn't an all inclusive list of deductible business expenses. The rule for a ...
capital gains questions - sale of company1/21/2008
  Q: I owned 12% of a software company that was based in Australia. I am in the US. The assets of the ...
  A: Drew, When you sell the assets of a company, the sales price is generally allocated among different ...
1099-A1/20/2008
  Q: I received a 1099-A will this effect any return that I will be getting? I left the home in 2003. I ...
  A: Karie, Form 1099-A is used to report a foreclosure from a lender. Foreclosures are treated the ...
Contract Labor1/16/2008
  Q: I have paid our contract labor with cash the past year. How would I show this on the 1099.
  A: Cindy, The amounts you report on 1099 forms are the amounts actually paid to your contract labor. ...
1099Misc1/16/2008
  Q: I have a website on which I sell a test preparation service, and I have agreed to pay a person $500 ...
  A: Filip, There is no requirement to send 1099s to individuals who you pay less than $600 annually. ...
gifts1/16/2008
  Q: My mother has given each of her grandchildren a gift of 10,000 apiece for a total of 40,000. Is this ...
  A: Diane, Gifts are not deductible on your mother's income tax return. The purpose of gifts is to ...
Exempt status for federal income tax1/12/2008
  Q: I have been reading a lot of articles lately on how it is possible to not pay any FICA on my wages. ...
  A: James, Unless you are clergy member, your chances for avoiding FICA on wages is practically zilch. ...
disability taxes1/11/2008
  Q: is a lump sum social secuity disability payment taxed?
  A: SSDI payments may be taxable based on the amount of income you are reporting on your tax return. ...
Living with roomates1/11/2008
  Q: I have recently bought a house in January of 07. I live there with my roomate and my finace and we ...
  A: Chris, Your roommate (and possibly your fiance if she doesn't co-own the house) is a renter and you ...
TAX RETURN1/10/2008
  Q: My husband and myself work full-time and are full-time students. I was wondering since we are both ...
  A: Jennifer, Since you are a household of students, hopefully you are taking advantage of the ...
Converted Primary Residence to Rental Property1/8/2008
  Q: In June of 2007 we converted our primary residence into a rental property. (This property was ...
  A: Mechelle, Real estate taxes are usually paid in arrears. As a cash basis taxpayer, you are ...
newborn1/8/2008
  Q: how much per newborn do you get on your taxes
  A: Sondra, If your child was born on or before 12/31/07, you will be able to claim the newborn as a ...
1099's1/7/2008
  Q: ello, I work for a law firm and I am in the process of preparing 1099's for 2007. I think that ...
  A: Jen, Generally speaking 1099s are not issued to corporations. There are some exceptions to this ...
child claim on taxes1/7/2008
  Q: my son is 18 soon to be 19 in jan.2008, but he is a senior in high school living at home can we ...
  A: Carla, As long as your son is 24 years old or younger, a full-time student and you provide more ...
sale of business1/7/2008
  Q: we sold our restaurant last May, and the manner in which it was sold was 70% cash, and 30% on a ...
  A: Delia, Installment sales are reported on Form 6252. You will need to include this form for every ...
IRS: Divorce & Pension1/4/2008
  Q: As per a divoce decree I have paid a portion of my pension to my ex-wife each month after I receive ...
  A: Nick, Until your pension administrator is served with a Qualified Domestic Relations Order (QDRO), ...
State Tax Attributes12/31/2007
  Q: Many documents concerning taxes include the term " State Tax Attributes". However, none seem to ...
  A: Liz, The definition of a tax attribute is a characteristic or factor that could result in taxable ...
Post divorce & asset transfer - who gets the 2007 1099Rs?12/30/2007
  Q: My ex-spouse just transferred several taxable mutual funds to me (all remained within same ...
  A: Carol, 1099s for mutual funds will be issued to the owner of record for the period ownership. One ...
LLC & Vehicle Tax Deduction12/28/2007
  Q: Good morning Mike. My Wife will be starting her own "in home" business (licensed home daycare, as ...
  A: Ryan, Business use of vehicle is a tax deductible expense no matter the type of business entity ...
LLC in New Hampshire12/22/2007
  Q: I am a one-person LLC. My business is contracted to provide services to government assistance ...
  A: Gary, It seems to me you are providing commissions to your clients. You should be deducting these ...
Annuity12/22/2007
  Q: I receive Social Security Disability. I'm almost 58 and have been receiving it for 7 years. I have a ...
  A: Dan, You can receive the qualified plan funds before age 59½ without incurring the 10% penalty if ...
Dependent deductions12/22/2007
  Q: My ex-wife and I have 3 children together. We were divorced in 2005. She is the primary custodial ...
  A: Randy, Starting with the 2005 tax year, the rules for who can claim a child as a dependent have ...
estate tax12/21/2007
  Q: My situation is a woman died ten years ago and left her 2 young children her residence in her will. ...
  A: Les, The property was held in the estate for ten years! Are you sure? It seems to me the probate ...
Storage Writeoff?12/21/2007
  Q: I own a contracting business set up as an LLC. I have a utility trailer that I use exclusively for ...
  A: Cliff, Sorry, there is no deduction for parking your utility trailer at your residence. The same ...
Farm Sale Due to Divorce12/21/2007
  Q: I am in the process of getting a divorce and my husband and I own a small farm-15 acres-where he has ...
  A: Deborah, Even though your husband used part of the property to operate his business, the issue ...
son12/21/2007
  Q: My son went to school in 07 senior year--got a small job in the fall--lives with me at home--just me ...
  A: Bill, You can still claim your son as a dependent and use the head of household filing status. ...
sell real estate12/21/2007
  Q: I have residence type real estate that we have been using as a remote business location for four ...
  A: Gerald, Owner financed installment sales are a great way to spread out the income tax on a capital ...
sale of real estate12/20/2007
  Q: I have residence type real estate that we have been using as a remote business location for four ...
  A: Gerry, Owner financed installment sales are a great way to spread out the income tax on a capital ...
Home improvements12/20/2007
  Q: I have $40,000. in receiptes for my home. I have lived there since Jan 06. What percenteg would I be ...
  A: Leopold, Home improvements are not deductible on your tax return. They do increase your cost basis ...
529 College Savings Plan Gift from Business12/18/2007
  Q: Can a small company (one employee) make a gift donation to a 529 college saving plan. How does the ...
  A: Andy, Actually, a contribution to a 529 plan would be considered taxable compensation to the ...
Per diem12/17/2007
  Q: I recently read a per diem discussion on the site and clarified a few details, but there is still ...
  A: Chad, I found your question in the Question Pool, so I'm not sure that Carole answered your ...
Minister's Housing Allowance12/17/2007
  Q: I am a Trustee at at Baptist Church and have some concerns regarding the amount of money the Pastor ...
  A: IRA, The IRS hasn't established a percentage for a clergy person's housing allowance. It's not ...
Inheriting part of a c-corp12/14/2007
  Q: We are settling my mother's estate. She and her brother were the the only shareholders in a c-corp ...
  A: Frank, The best way to handle this is to have your uncle buy your mother's shares of the C-corp ...
Schedule D12/13/2007
  Q: I have to file the schedule D form, and there were several days where I bought and sold the same ...
  A: David, The IRS would rather you list each sale separately, especially as the sales have wash sales ...
LLC / Capital Gains12/13/2007
  Q: If you trade stocks / futures in a LLC, how is the taxable LT / ST capital gains offset by business ...
  A: Bill, I'm not sure if you really want to be treated as professional trader for tax purposes. By ...
SUV Depreciation12/12/2007
  Q: Wellman, In August, 2004, I purchased a new Chevy Suburban and depreciated the entire cost in that ...
  A: Joseph, I found your question in the pool. I'm not sure that Mike answered your question or not. ...
SUV Depreciation12/12/2007
  Q: In August, 2004, I purchased a new Chevy Suburban and depreciated the entire cost in that year ...
  A: Joseph, I found your question in the pool. I'm not sure that Ivan answered your question or not. ...
Recently purchased company12/12/2007
  Q: I work for company "A" and a group of investors purchased company "A", We are now putting in a new ...
  A: Jim, I found your question in the pool. The business can expense up to $125,000 of assets placed ...
filing an amended joint return12/12/2007
  Q: If spouse A has not filed a return and spouse B has filed a married/separate return, then I ...
  A: Chris, Spouse A does not need to file a married filing separate return in order to participate in ...
LLC and sub entities12/12/2007
  Q: I am about to form an LLC in New York State, I would like to have a parent company and sub-entities. ...
  A: Nicole, It's certainly possible to have a parent company and subsidiaries. In order to have ...
Distribution of ltcl to Estate Beneficiaries12/12/2007
  Q: I used TurboTax to help me through the initial 1041. I have ltcl to distribute to the ...
  A: Felix, TurboTax is correct. Capital gains and losses are only distributed to the beneficiaries ...
RV tax deduction12/11/2007
  Q: I am a retired police officer running my own private investigation business. I have for several ...
  A: Jim, You shouldn't have a problem deducting the business use of the RV. In order to protect your ...
Volunteer Fire Department Stipends12/11/2007
  Q: I am currently a firefighter for a volunteer organization in NH. Every December we usually receive ...
  A: Ken, Technically speaking, uniform stipends are considered taxable compensation. In order for the ...
Bene-IRA trfr and rmd12/11/2007
  Q: son was to have inherited fathers IRA Sept 06 at fathers death. took 06 rmd for dad. has never ...
  A: Ralph, The beneficiary of an IRA needs to retitle ownership within 5 years of the decedent's date ...
Taxes on property condemned by eminent domain12/11/2007
  Q: I am a member of a HOA. The state of Alabama acquired a portion of our common property. The ...
  A: Byron, Capital gain rules that apply to individuals do not apply to homeowners associations. ...
money received from sale of parents home12/8/2007
  Q: My parents had their home in their name& alson my name & my son's name. They had life estate. On ...
  A: Jackie, Gifts are not taxable income to the recipient. The donor is generally responsible for ...
Estimated Tax?12/5/2007
  Q: Our adjusted gross income in 2006 was around $35,000, and this year would have been the same, except ...
  A: Joseph, As long as your 2007 Federal income tax withheld is equal to or greater than your 2006 ...
From K1 back to W212/5/2007
  Q: Can I go back to filing a W2 after I have received a K1 from the same company?
  A: Tammy, I'm going to present some situations in which you could receive a W-2 and/or K-1: If you ...
tax12/5/2007
  Q: in a business if i own it how do i get paid, and file a personal return at closing of the tax year
  A: Incorporated, How you pay yourself depends on what kind of entity you are for Federal income ...
treasury stock12/5/2007
  Q: If a company has treasury stock that was recently turned in by a shareholder and wishes to issue ...
  A: Laurie, I could give you a lengthy, complicated answer to your question. The simple answer is the ...
Self-Contractor Taxes and Paying Minor Children12/5/2007
  Q: My wife is going to be doing the cleaning at our church. We have a contract stating that she is a ...
  A: Joe, I'm going to address your questions in the same order: 1. As a sole proprietor, your wife's ...
Self-Contractor Taxes and Paying Minor Children12/5/2007
  Q: My wife is going to be doing the cleaning at our church. We have a contract stating that she is a ...
  A: Joe, I'm going to address your questions in the same order: 1. As a sole proprietor, your wife's ...
Self-Contractor Taxes and Paying Minor Children12/5/2007
  Q: My wife is going to be doing the cleaning at our church. We have a contract stating that she is a ...
  A: Joe, I'm going to address your questions in the same order: 1. As a sole proprietor, your wife's ...
Foreclosure as income12/5/2007
  Q: I lost my Michigan home to foreclosure in 2006. My tax advisor said Michigan did not consider this ...
  A: Patty, Whenever there is a foreclosure, there is the possibility of debt forgiveness. Debt ...
GIFT TAX12/5/2007
  Q: this past weekend my wife won a fishing boat valued at about 40k from a local radio station. i will ...
  A: Leonard, I'm sure it was very exciting to learn your wife won a boat. Now comes the bad news. You ...
Allowable Deduction12/4/2007
  Q: Greetings! I am a sole proprietor with a home office. I primarily create and maintain web pages for ...
  A: Lynn, Unfortunately, your five stunning new suits are out. Although you generally can deduct the ...
forgiveness of debt12/4/2007
  Q: I am married and have filed previous returns with my husband. I also had a home accounting business ...
  A: Brenda, Submitting a married filing separate tax return is not a factor is determining if one is ...
capital gains tax on charitiable gift in will or beneficiary12/4/2007
  Q: If I name a charity as beneficiary on an investment account - either with the brokerage or in my ...
  A: Robert, Charitable organizations with a 501(c)3 classification will not need to recognize your ...
IRA and Roth IRA conversion12/3/2007
  Q: I was laid off in 2006 and took my 401K and rolled it into a IRA at my investment firm. My account ...
  A: Sharman, At the time you converted the rollover IRA to the Roth IRA, you had a taxable event. You ...
S-Corp loss deduction against personal income12/3/2007
  Q: I have formed an S-Corp for my restaurant business and I am the 100% owner. My wife is an employee, ...
  A: Jittra, As long as you have basis in your stock, you will be able to deduct the losses from the S ...
S-Corp loss deduction against personal income12/3/2007
  Q: I have formed an S-Corp for my restaurant business and I am the 100% owner. My wife is an employee, ...
  A: Jittra, As long as you have basis in your stock, you will be able to deduct the losses from the S ...
real estate sale12/3/2007
  Q: When a person sells a business property and the sales price is 500k, and if he gets 200k down and ...
  A: John, Essentially you have the right idea. The first step is to compute the gain on the sale. The ...
S-Corp loss deduction against personal income12/2/2007
  Q: I have formed an S-Corp for my restaurant business and I am the 100% owner. My wife is an ...
  A: Jittra, As long as you have basis in your stock, you will be able to deduct the losses from the S ...
S-Corp loss deduction against personal income12/2/2007
  Q: I have formed an S-Corp for my restaurant business and I am the 100% owner. My wife is an ...
  A: Jittra, As long as you have basis in your stock, you will be able to deduct the losses from the S ...
capital gains12/2/2007
  Q: I bought 12 acres of raw land 16 months ago for $650,000 in Colorado. I just got it under contract ...
  A: Norm, You should expect to have Federal income tax of $108,750 ($725,000 at 15%) and Colorado ...
Help - can I claim my mother in law?12/1/2007
  Q: My mother in law is in an adult asst. living facility-(dementia and needs total care in every ...
  A: Tami, In order to claim your mother as a dependent, you will need to provide more than half of her ...
Carryover on 1041 Schedule D12/1/2007
  Q: Last year I prepared the worksheet that showed a long term loss carryover (for a trust) from 2006 to ...
  A: Herb, There will be a line on the 2007 Schedule D that you will report the capital loss ...
Independent Contractor - 1099Misc12/1/2007
  Q: This is my first year with an income as an Independent Contractor, therefore will be receiving a ...
  A: Becky, As an independent contractor, you don't file quarterly tax returns. It may be necessary to ...
spec houses12/1/2007
  Q: When can I begin depreciation on a spec house that I am building to sell? thank you
  A: Patches, You can't depreciate a spec house. Technically what you are doing is the same as ...
Establish Primary Residence in NV12/1/2007
  Q: If my primary residence is in NV on December 31, 2007, would I file NV state income taxes for 2007 ...
  A: Beatrice, The move to Nevada is a clever idea, but it won't work out the way you hope. ...
gift tax?11/30/2007
  Q: After my father passed away three years ago, my mother had a rental house put in mine and my ...
  A: Jo Ellen, You should be able to argue the gift of the rental property was not a completed gift, ...
tax ques11/30/2007
  Q: I am living in AL and I have created a learning center that I would like to sell at a teacher ...
  A: Lauren, Sounds to me like you are starting a business selling the learning center you have created. ...
capital gains tax11/29/2007
  Q: I understand that in 2008, 2009, and 2010 that capital gains earned by individuals in the 2 lowest ...
  A: Martha, I think you have the right idea. While it's possible to have a 0% tax on capital gains if ...
Condemnation11/28/2007
  Q: We have been offered $750,000 for our investment property in a condemnation proceeding; however, we ...
  A: John, The clock starts when constructive ownership is transferred. This would be at the time the ...
Capital gains vs. Normal Income11/28/2007
  Q: Starting this year on a part-time basis, my wife began purchasing foreclosures, rehabing them, then ...
  A: Matthew, The short term loss incurred with the 2007 sale is reported on your 2007 tax return. ...
benificiary of IRA11/28/2007
  Q: My dad died in September 2007. His IRAs, insurance and other assets were all left equally to my 4 ...
  A: Diana, I can appreciate why you are confused. Something isn't right. There is no way your ...
land in miami11/25/2007
  Q: I bought a land in miami (5 acres) in 1986. I payed taxes for 3 years and then after I leaved ...
  A: Ali, Chances are the county took possession of the land and auctioned the property to pay the back ...
Foreclosed Property11/24/2007
  Q: In 2006, I sold vacant land to an LLC. I received 25% down payment and I held the mortgage. THe ...
  A: Brian, You want to amend the tax return in which you reported the sale. Since the sale never ...
401K hardship withdrawal and penalties11/24/2007
  Q: I am purchasing a home in Nevada to be closer to my company. this home will be my primary residence. ...
  A: Andy, Unfortunately, there are no exceptions to the 10% penalty or the income tax when taking a ...
Vehicle mileage log11/24/2007
  Q: I am wondering if there is any legitimate way to avoid having to keep a mileage log for business use ...
  A: Jonathan, I can certainly appreciate the pain of keeping a contemporaneous log of your business ...
Tax question ref to car11/24/2007
  Q: I bought a 1995 Honda 2 door civic in June of 2007. I paid 3500.00 for the car at a small dealer. ...
  A: Jeannie, I'm sorry your automobile purchase didn't turn out so well. Unfortunately, there isn't ...
Tax11/24/2007
  Q: I bought a 1995 Honda 2 door civic in June 2007. Paid 3500.00 from a small dealer. I took the car ...
  A: Jeannie, I'm sorry your automobile purchase didn't turn out so well. Unfortunately, there isn't ...
Vehicle mileage log11/23/2007
  Q: I am wondering if there is any legitimate way to avoid having to keep a mileage log for business use ...
  A: Jonathan, I can certainly appreciate the pain of keeping a contemporaneous log of your business ...
Medicare and gift laws11/23/2007
  Q: My Mom is currently residing in an assisted living facility in Illinois. The facility has notified ...
  A: Joanne, Your mother is in a tough spot. When applying for Medicaid, there is something called a ...
RV as a vacation home11/22/2007
  Q: My family and I enjpy using our 5th wheel trailer for camping,hunting and fishing trips. It is a ...
  A: William, In order for a RV to save at tax time, it needs to pass the test of being a second home. ...
401 account withdrawal11/22/2007
  Q: Hey "Tax Dude", I'm 58 years old (soon to be 59; and not long thereafter to be 59 1/2). I work in ...
  A: Barry, I'd love to answer your question, but it's impossible to answer without knowing more ...
Tax question11/22/2007
  Q: I was named as Executor of my mother's estate. Taxes were filed for 2005. A distribution of $62,000 ...
  A: Paul, I'm not really clear on a number of things. Was the distribution to you as a beneficiary or ...
inheritance tax11/22/2007
  Q: I ask this question once but did not explain it enough. I am purchasing my house through a divorce ...
  A: Cathy, I understand your issue, but fail to understand why you think you are liable to pay the ...
Per diem for OCONUS travel11/22/2007
  Q: I work for a helicopter company based near my home town in Oregon, half of the year I am traveling ...
  A: Andrew, Here is the best solution for you. Have your employer pay for your airfare and provide you ...
inheritance tax11/21/2007
  Q: I ask this question once but did not explain it enough. I am purchasing my house through a divorce ...
  A: Cathy, I understand your issue, but fail to understand why you think you are liable to pay the ...
401 account withdrawal11/21/2007
  Q: Hey "Tax Dude", I'm 58 years old (soon to be 59; and not long thereafter to be 59 1/2). I work in ...
  A: Barry, Any withdrawals taken after age 59 1/2 are subject to tax at your individual tax rates. ...
1031 EXCHANGE DEPRECIATION11/21/2007
  Q: if I exchange raw land (non depreciable) for a building can I depreciate the building?
  A: Jerry, If you use the building in a trade or business you can depreciate the building. Rental ...
Inheritance tax11/21/2007
  Q: I am purchasing the house because of a divorce that I live in that my husband purchased 31 years ago ...
  A: Cathy, It was quite clever of you to do a deed search on the house. You can learn a lot about a ...
TAXABLE REFUNDS AND CAPITAL GAINS & LOSSES11/20/2007
  Q: HOW DO YOU DETERMINE A TAXALBE REFUND OR WHEN DOES IT APPLY? ...
  A: Carolyn, Generally speaking, you have a taxable state refund if you deducted state income taxes on ...
IRA withdraw11/20/2007
  Q: I'm 62 and no income. I want to withdraw $50K from IRA each year until 66 instead of (wages)then get ...
  A: Anna, IRA distributions are not subject to Social Security tax. Withdrawals from your IRA will not ...
Early ESOP distribution rollover11/20/2007
  Q: I am age 57. Last year I took my first ESOP early distribution with a rollover into our 401K plan. ...
  A: Harry, There are no Federal standards that define distribution schedules for early distributions. ...
IRA withdraw11/20/2007
  Q: I'm 62 and no income. I want to withdraw $50K from IRA each year until 66 then get full social ...
  A: Anna, IRA distributions are not subject to Social Security tax. Withdrawals from your IRA will not ...
CPA Mistakes - Who is liable?11/20/2007
  Q: Tax Dude! We had a move to a new state and an extension filed. When the CPA estimated our return ...
  A: Lisa, I'm sorry to hear the IRS audited your tax return and you are looking at some significant ...
401 account withdrawal11/20/2007
  Q: Hey "Tax Dude", I'm 58 years old (soon to be 59; and not long thereafter to be 59 1/2). I work in ...
  A: Barry, Whenever you leave a job, you have the ability to withdraw your 401(k) account. No matter ...
estate account, form 104111/20/2007
  Q: my grandfather past away and split his estate [ his house]roughly $100,000 between me and my uncle, ...
  A: Andrew, When an individual dies, there are potentially three tax returns which need to be filed. ...
work for one state and live in another11/20/2007
  Q: I work at home in Wisconsin for a company in Arizona. I noticed that they are only taking out ...
  A: Angie, Have you discussed this with your company's payroll or HR department? They should be able ...
filing returns while spouse is incarcerated11/19/2007
  Q: My husband is currently incarcerated. On last year's return I filed "married filing separate" and ...
  A: Debra, There is no reason you couldn't file a joint tax return with your incarcerated husband. You ...
tax on condo11/19/2007
  Q: I have owned a very nice condo (good location in Pasadena, CA in a historic building) since May ...
  A: Alex, Unless your adjusted gross income is over $150,000, you should be receiving some tax benefit ...
Stepped up basis on assets from Irrevocable Trust11/19/2007
  Q: Facts: Grandfather died in April 1964. Upon his death his will split his assets and set up 2 ...
  A: John, There are no additional step-ups on the basis of the assets held in an irrevocable trust. ...
Is it legal for businesses to tax shipping & handling online11/19/2007
  Q: I usually like to purchase online products because it's convenient and sometimes cheaper, but the ...
  A: Madeleine, It's true some state do require sales tax for sales of service. Service is typically ...
sale of residence11/19/2007
  Q: My client lives in a rent controlled apartment. He was asked to sell his "rights" to this apartment ...
  A: Following up to my previous response: Contrary to my earlier position, I have concluded the sale ...
US Tax Law on Rental Income from Apt in Dubai11/19/2007
  Q: I was wondering what the US Tax Implications are for rental income obtained from an investment ...
  A: Alok, You will need to report the rental income on Schedule E of your US tax return. You will also ...
mom going to college11/18/2007
  Q: I am currently getting divorced from my husband. Next year my children and I will be moving back ...
  A: Katie, Child support and student loans are not taxable income. Most grants are also not taxable. ...
Short term investment property11/18/2007
  Q: I invested in a property for 17,000 and invested about 12,000 in materials. I did most of the repair ...
  A: James, Unfortunately, the value of your labor can not be added to the cost basis of the property. ...
gas mileage deduction11/18/2007
  Q: My wife is a Social Worker who travels a lot as part of a mobile unit. When she asks her boss about ...
  A: Frank, Your wife is entitled to deduct all business mileage which is not reimbursed by her ...
Multiple Home Offices11/18/2007
  Q: ..I am in the midst of an audit where the agent stated I could not have more than one office. I am a ...
  A: Suzanne, What a tough spot you are in? While it's possible to have more than one office, ...
deductions for advertisers11/18/2007
  Q: my partner and i are starting a small newspaper publication containing current arrests, missing ...
  A: Susan, This is quite an endeavor! Have you considered setting up your activity as a not for profit ...
Paid in one state and Living in another11/17/2007
  Q: I just got a great job with a international company. My pay comes from San Fran, my "local" office ...
  A: Eric, I'm not sure you have a situation. "PRI State Tax" probably refers to Primary State Tax. ...
Is it legal for businesses to tax shipping & handling online11/17/2007
  Q: I usually like to purchase online products because it's convenient and sometimes cheaper, but the ...
  A: Madeleine, Shipping and handling is not subject to sales tax in any state I am aware of. You need ...
Taxes from paycheck11/17/2007
  Q: The Fed and State taxes were taken out of my paychecks each week, however, she is behind on paying ...
  A: Juanita, From a personal tax filing standpoint, your taxes are considered paid when withheld. It’s ...
donation of family loan to start up business11/17/2007
  Q: i got a loan of $9000 and donated it to my business start up capital what are the tax implications ...
  A: John, While it may seem overly formal to document a loan to a family member, without one, the ...
S-corp transfer of assets11/16/2007
  Q: Situation: the sole shareholder of two S-Corps is considering dissolving one and transferring assets ...
  A: Eli, Fortunately, since we aren't dealing with C-corporation we don't have any issues with built-in ...
US Tax law11/16/2007
  Q: I've heard that before WWII there was no wage taxation and President Roosevelt(with US Congress ...
  A: Jack, Wages were subject to income tax before World War II. Prior to World War II, most people ...
gift of real property11/16/2007
  Q: I own 2/3 of an acre zoned residential and adjacent to a hospital. I am interested in donating the ...
  A: Ron, Form 8283 will be required, but I would get an actual appraisal or have a realtor prepare a ...
tax11/15/2007
  Q: I had my taxes prepared by H&R Block last year. How can I look at my tax papers and find out what % ...
  A: Al, I'm not sure which two lines you are wanting to subtract. However, the formula I provided ...
Short Sale vs Foreclosre11/15/2007
  Q: What is the difference between a short sale and foreclosure? What are the tax ramifications on each ...
  A: Lois, From a tax reporting standpoint, there is no difference between a short sale and a ...
Withholding from a distribution11/15/2007
  Q: If an S-Corp shareholder employee takes a distribution in addition to his salary on one check, can ...
  A: David, Shareholder distributions should not be run through payroll unless you are intending these ...
gave my share of the house to my sister11/15/2007
  Q: I bought a house with my two brothers in 1993. I gave my share of the house ( 1/3 )to my sister ...
  A: Ann, You should have filed a gift tax return for 2006. You wouldn't owe any gift tax assuming you ...
Business charitable contribution11/14/2007
  Q: If my business (carpentry) makes a donation of building materials to Habitat for Humanity, can I ...
  A: Bob, If your business is a sole proprietorship (reporting business income and expenses on Schedule ...
audit question11/14/2007
  Q: can a business be shut down for not paying taxes during a sales use and withholding tax audit? I ...
  A: Suzanne, I'm not an expert on sales and use taxes, but a business can not be shut down until the ...
Who gets it?11/14/2007
  Q: Neil, My mother owns a dance studio; she and her husband, my stepfather, both file jointly each ...
  A: Roxie, This really couldn't be Joe's business expense, because it's not Joe's business. Assuming ...
Inheritance11/14/2007
  Q: My 96 year old uncle in NY has an estate worth over $10 million. There are 4 heirs and the estate ...
  A: Ruth, This is a hard question to answer without knowing if your uncle has any taxable gifts made ...
Sale of Inherited Real Estate11/13/2007
  Q: My siblings and I are beneficiaries in a trust that is split evenly between the three of us. We ...
  A: Gary, K-1 forms are used to report income, losses and deductions. Based on your scenario, I would ...
federal income tax on inheirtance11/13/2007
  Q: In 2006 I received an inheritance from my uncle in California (I live in Texas) regarding the ...
  A: Irene, If you received cash, there is no income tax due to the IRS, California or Texas. The IRS, ...
SIGNING BONUS REPAYMENT11/13/2007
  Q: I recently took a job starting September 2007 and received a total of $25,000 in signing bonuses. ...
  A: Vic, You should draft a letter to your employer that you will not be able to fulfill the terms of ...
where do i claim a fire in rental property11/13/2007
  Q: I had a fire in a rental. Insurance paid me $37000 but spent over $40000. I originally bought the ...
  A: Daryl, I'm at a loss for why the insurance company would issue a 1099-MISC for proceeds from the ...
Stepped up basis on trusts11/12/2007
  Q: My father wants to put his stocks and mutual funds into a trust for my brother and I. My question ...
  A: Lindsay, When securities are transferred to an irrevocable trust, the basis remains the same as the ...
Sub S Corp - Taxpayer sells his interest11/12/2007
  Q: How is the tax liability determined for a taxpayer who no longer owns an interest in a Sub S corp at ...
  A: Bill, You should be receiving a final K-1 from the S-Corporation reflecting any pass through ...
Minor's Earned Income11/12/2007
  Q: I have a 17 year old daughter who worked part-time over the last year. What amount of gross wages ...
  A: Danielle, Yes, you can claim your daughter as a dependent on your tax return. On your daughter's ...
perdiem overage11/12/2007
  Q: On the matter of per diem, if I am paid x per day in per diem and my documented expenses are 1/2x, ...
  A: Mark, The amounts not used for lodging and meals while away from home are considered taxable ...
trust account11/11/2007
  Q: Before my Dad passed away he set up a trust account through Merril Lynch for my son to use for ...
  A: Bill, If handled properly, the trust should have been filing income tax returns and paying it's own ...
Transfer real estate to corporation11/11/2007
  Q: If I run a small strip center as sole propriety and now I want to switch to corporation, how do I ...
  A: Phy, There would be no income tax due with transferring the real estate to the corporation. The ...
federal income tax on inheirtance11/11/2007
  Q: In 2006 I received an inheritance from my uncle in California (I live in Texas) regarding the ...
  A: Irene, The amount you receive as an inheritance is not taxable income. No special reporting is ...
casualty loss deductions11/10/2007
  Q: Are casualty losses limited to physical casualties? What if land is rezoned from the 500 year flood ...
  A: Pat, If you've suffered the results of a theft, accident, fire, flood, or some other casualty ...
LLC in a Living Trust11/10/2007
  Q: I have a client who has 3 LLCs in his Living Trust. The Living Trust has its own separate tax id. ...
  A: Nikki, Since each LLC has more than one member and assuming it has not elected to be treated as a ...
Inheritance11/10/2007
  Q: My questions are: 1) If an American citizen has inherited money in another country because her ...
  A: Nikki, Inheritances are not taxable to the recipient, no matter if the decedent is a US resident or ...
exemption11/10/2007
  Q: I currently claim single and 2 exemptions--divorced with son in school---son now is out of school ...
  A: Bill, This is not an easy question to answer with out knowing your salary, whether or not you ...
LLC taxation11/9/2007
  Q: I'd like to ask for help in below simple case: Limited Liability Company formed in Delaware has 2 ...
  A: Jerzy, In your scenario and the LLC members or the business do not have a physical presence in the ...
Minor's Earned Income11/9/2007
  Q: I have a 17 year old daughter who worked part-time over the last year. What amount of gross wages ...
  A: Danielle, If your daughter had less than $5,350 in gross wages, she will not be required to file a ...
Corporation taxes11/9/2007
  Q: We plan to buy a small real estate property under a corporation. If we file for the corporation now ...
  A: Phy, You can absolutely deduct any business expenses on the initial return without showing any ...
Home Office ded. >2% S-corp Shareholder11/8/2007
  Q: When the owner of an S-corp runs the business our of their home and wants to take the home office ...
  A: Warren, If you own your home it makes little sense to claim an office in home deduction. The two ...
business exp. - contract work11/8/2007
  Q: I am working with Robert Half doing temp contract work. Sometime the gig is a week, or a month or 6 ...
  A: Michael, The drive to and from the assignment is considered commuting. Commuting expenses are not ...
Divorce and Dependent Spending Account11/7/2007
  Q: I was recently divorced in January of this year. I have one kid which i have joint custody. Both ...
  A: Mecklin, The best way to figure this out in future years is to determine which of you will be ...
Per Diem while using Secondary Residence11/7/2007
  Q: There is an employee whom was hired at a company who lives in Seattle. He has an office in Seattle, ...
  A: Katy, The company can treat the per diem payments as a travel expense. In this scenario, the ...
Assets11/7/2007
  Q: I'm thinking of starting a business with a friend from college. He is 45, but I have just come to ...
  A: Brandon, I seriously doubt your friend is under the IRS radar. Not filing tax returns doesn't keep ...
Recently Divorced11/7/2007
  Q: My ex-husband and I will finalize our divorce on Dec 3, 2007. Should we file the 2007 return ...
  A: Josie, If you are no longer married as of December 31st, you will not be able to file a joint tax ...
Claiming Dependants11/7/2007
  Q: Last year my two sons lived with me for 5.5 months and lived with their father for 5.5 months, ...
  A: Yvette, Beginning in 2005, the rules for who can claim a qualifying child as a dependent changed. ...
Estimated Taxes when Divorced11/7/2007
  Q: Our divorce was final 11/01/07. We have been paying estimated taxes jointly all year. How do we pay ...
  A: Wayne, The fourth quarter payment should be made with separate estimated tax vouchers. Before ...
Obtaining ITIN & Tax Filing11/6/2007
  Q: I am currently working in US on H1B visa, came in 11th Jan 2007 and planning to stay till 31st Jan ...
  A: Subbanna, You should try and visit an IRS authorized Acceptance Agent for processing the W-7. You ...
501c711/6/2007
  Q: I am the treasurer of a military spouse club. We have a 501c7 status. How much can we make in fund ...
  A: Tara, A section 501(c)(7) organization may receive up to 35% of its gross receipts, including ...
tax11/6/2007
  Q: I had my taxes prepared by H&R Block last year. How can I look at my tax papers and find out what % ...
  A: Al, Nothing on your tax return will tell you what tax bracket you are in. Federal income tax is ...
social sec taxes11/6/2007
  Q: My husband, by definition is NOT self employed or a subcontractor. He earns an annual salary, does ...
  A: Joy, Schedule C and SE will not be required. You should report the 1099 income as wages on the ...
social sec taxes11/6/2007
  Q: My husband, by definition is NOT self employed or a subcontractor. He earns an annual salary, does ...
  A: Joy, You have great timing with this question. IRS just announced a new form (Form 8919) to deal ...
Rental Property LLC Protection11/6/2007
  Q: My husband and I purchased an investment property in Alabama in our names and now have formed an LLC ...
  A: Karen, Placing a rental property in a LLC can protect your personal assets in the event the LLC is ...
self employed contract work per diem11/5/2007
  Q: My husband is going to be an independent contract working out of state for 3 months. Currently our ...
  A: Laura, It's fine to use per diem payments as long as you follow two rules. 1. The per diem ...
SHORT SALE AND 1099's11/5/2007
  Q: When a property is sold as a short sale is the lender required to file a 1099 for the amount not ...
  A: Dawn, The lender will report the difference between the amount owed on the mortgage and the amount ...
College Tuition Tax deduction11/5/2007
  Q: My husband has two sons and he and his exwife decided to split when it comes to claiming dependents. ...
  A: Heidi, Only the parent who claims the student as a dependent can claim the education credit or ...
deductability of interest on Hm Eq Line11/5/2007
  Q: My husband and I have recently converted our primary residence into a rental home. (We moved into a ...
  A: Doris, A clever tax pro could make an argument to deduct the equity line interest against your ...
retirement from Greece11/4/2007
  Q: My husband is a military retiree in Greece and we are planning on moving to the state of Florida. ...
  A: Lisa, While living in the U.S., you will be required to file U.S. income tax return. Florida does ...
Tax Impact of Charitable Donation11/4/2007
  Q: I run a self storage business and am investigating the potential of approaching charities in the ...
  A: Bob, You handle this one of two ways. You can give the charitable contribution to the new ...
relocation with 2 houses11/2/2007
  Q: If we own a primary residence and a secondary residence which is a rental in California and I take a ...
  A: Cathy, Selling your second home will not qualify for the capital gain exclusion. In order for the ...
Inheritance tax11/2/2007
  Q: I have an uncle that passed way and has left me and my 3 siblings in his will we will be getting ...
  A: Renee, Assuming your uncle's gross estate was under $2,000,000 there would be no Federal estate ...
Taxability of IRA Distribution to an Estate11/2/2007
  Q: My mother died in July, leaving a small ($2650) regular IRA payable to the estate. Since the total ...
  A: Don, Assuming the estate's assets were distributed to the beneficiaries within one year of your ...
Renting a recently inherited home11/2/2007
  Q: Recently my father passed away. His home was in a trust for which I am the sole trustee. Now, I am ...
  A: Allyson, If you decide to sell the property, you would only pay tax on the capital gain. The ...
Taxability of IRA Distribution to an Estate11/1/2007
  Q: My mother died in July, leaving a small ($2650) regular IRA payable to the estate. Since the total ...
  A: Don, Generally speaking, inherited assets are not considered taxable income. Retirement assets, ...
Tax on bonds11/1/2007
  Q: My mother bought a number of bonds for me in her name while I was a child and she recently cashed ...
  A: Daniel, Unfortunately, your mother will have the burden of reporting and paying the tax on the ...
Stock option tax11/1/2007
  Q: I am Japanese working for a American company in Tokyo. Recently I exercised my stock options and 40% ...
  A: Jiaeyo, The withholding was on the gross proceeds of the stock sale and not on the capital gain. ...
1099 for foreigh employees11/1/2007
  Q: We are a small LLC company and we are looking to get some short term employees. All work is done via ...
  A: David, Your "employees" will need to obtain ITIN numbers from the IRS. The ITIN is used in place ...
Roth IRA Contribution11/1/2007
  Q: I am currently working overseas and would like to open a Roth IRA. In the past few years I have not ...
  A: Daniel, Assuming your adjusted gross income is under $110,000 (assuming you are single), you could ...
Per Diem--tax home10/31/2007
  Q: I have a similar question as a couple that you have already addressed but mine may be a little ...
  A: Ron, Assuming your are "living" in Kentucky while on a "temporary" assignment, you should be able ...
Sale of Land10/31/2007
  Q: We bought a piece of land to build a retiring home for 52000 in Year 2006 and taxes paid are 1800$. ...
  A: Chetna, You will have a taxable capital gain on the sale. The gain is the difference between the ...
Per diem and working out of state as a contractor10/31/2007
  Q: I am going to be starting a new job in Erlanger, KY. I live in Dayton, OH. A current co-worker ...
  A: JC, Per Diem is one of the most misunderstood terms used as it relates to our tax system. To help ...
Subcontract Labor Taxation10/31/2007
  Q: Please advise on the followingWe issue 1099's for non-incorporated subcontractors that we pay over ...
  A: Amy, There is nothing that prohibits you from issuing 1099s to corporations. The instructions for ...
Sales of inherited property10/31/2007
  Q: My mother passed away in August, there are 4 heirs. I wish to get her house on the market right ...
  A: Bridget, You basically have two options. First would be to disclaim your interest in your mother's ...
Per Diem--tax home10/31/2007
  Q: I have a similar question as a couple that you have already addressed but mine may be a little ...
  A: Ron, Per Diem is one of the most misunderstood terms used as it relates to our tax system. To help ...
failing business10/30/2007
  Q: Would it be better for me tax wise to sell for whatever I can get for the business and equipment or ...
  A: Wanda, Tax wise it really doesn't make a difference. When you sell a business, the purchase price ...
Tax Saving10/30/2007
  Q: My husband has a salary of about 130K. We are NRI's, I am not working as we are on H1b/H4 visa. ...
  A: Annie, It's better to itemize deductions if you can. You should be claiming the higher of your ...
per diem10/30/2007
  Q: I AM WORKING FOR A COMPANY THAT HAS ALWAYS PAYED A PER DIEM PER DAY RATE. THIS COMPANY IS NOW BEING ...
  A: Danielle, Per Diem is one of the most misunderstood terms used as it relates to our tax system. To ...
s corp10/30/2007
  Q: Are the distributions from an S corporation taxed as a qualified divedent at 15% or at the ...
  A: Russ, Distributions from S corporations come first from the entity's Accumulated Adjustments ...
1099-misc. vs 1099-B10/29/2007
  Q: I am an art dealer in Chicago. I acquire work to sell by two methods: 1. Buying it outright from ...
  A: Tom, I can appreciate your frustration with the 1099 issue. The IRS admits its difficult to ...
Babysitter tax responsibilities10/29/2007
  Q: My husband and I are planning to pay my father to babysit our child two days a week. What is the ...
  A: Danette, The figure is $1,500 in 2007. Unless that babysitter is your parent, spouse, under age 21 ...
Investment vs Day trading10/28/2007
  Q: I have 2 brokerage accounts with different brokers. One account is used for day trading. The other ...
  A: Richie, What an interesting question! You must be thinking about the application of the wash sale ...
Inheritance IRA10/27/2007
  Q: I inherited an IRA account from my mother who passed away. If I withdraw the money, can I return it ...
  A: Doug, As long as you didn't roll your mother's IRA into an existing IRA of your own, the ...
Incorporation10/27/2007
  Q: I plan on starting an acupuncture practice and a (separate private investigation agency; a little ...
  A: Mike, Unless your Article of Incorporation or By-Laws prohibit you from operating different ...
hi neighbor10/27/2007
  Q: i have a friend who has had to become corperate and the taxes are eating him up 2500.oo every three ...
  A: Barbara, The amount your neighbor is paying quarterly is a reflection of his income. Will it get ...
Per diem10/26/2007
  Q: My husband has been getting per diem at his current job. He is almost at the one