Wednesday, May 26, 2021

JOINT VS SEPARATE – THAT IS THE QUESTION

This past tax filing season I found that filing separate returns often put more money in the pockets of my married clients than in past years.

While usually in most cases filing separately would provide the same or more federal income tax, or only slightly less federal income tax, than filing a joint Form 1040 (or 1040-SR), the new refundable Recovery Rebate Credit, resulting from reconciling the first two economic stimulus payments, calculated based on 2018 or 2019 income, to the actual amount to which a taxpayer or couple was actually entitled to based on 2020 AGI, created a greater net combined federal refund or less net combined federal tax due on separate returns. 

On a joint return a combined AGI of over $150,000 would reduce and eventually eliminate one or both of the stimulus payments – but if one spouse had an AGI of less than $75,000 on their separate return they could get the full $1,200 and $600, plus any additional amount for applicable dependents, less the amount, if anything, they actually received, as a refundable credit.

However, the biggest tax savings this year came from filing separate state tax returns – especially for residents of the Garden State.  Over the years I have found that filing separate NJ state income tax returns could result in substantial state tax savings.  This is because of the way the different tax tables for Single or Married Filing Separately taxpayers and Married filers or Heads of Households are constructed.

In two separate occasions this year filing separate NJ-1040s saved my clients between $1,600 and $1,800 in NJ state income tax!

How was this possible?  I am not going to tell you here.  I realize it is selfish, but if you want to find out how I saved my clients so much money you will have to purchase my book THE JOY OF AVOIDING NEW JERSEY TAXES (updated for 2020) – the only book in existence I know of that discusses in detail tax planning for and preparation of the NJ-1040.  In it I reveal how my clients were able to save so much.  Click here to learn about this book and how to order it.  

Please note the e-book version for Kindle has not yet been updated for 2020.  For now, to read about the $1,600 - $1,800 in savings you must get the pdf or print version.

Unfortunately, you cannot file an amended return to change your filing status from joint to separate after the initial due date for that return has passed - so you cannot change your already filed 2020 joint return to separate filings.  But if you submitted an extension for your 2020 return you can still file separate 2020 returns.

The bottom line of this post is this – when preparing your income tax return, or having it prepared, compare, or request that your tax preparer compare, filing a joint return to filing separate returns.  You, and your tax pro, might be surprised.

TTFN









Monday, May 24, 2021

THAT WAS THE TAX SEASON THAT WAS 2021

My 50th tax filing season, which, as it always does, began for me on February 1st, ended on May 17th.  It actually ended on May 16th, as I never work the last day (click here to learn why).

For the second year in a row, and, as far as I know, only the second time in history, the initial tax filing, and paying, deadline was extended.

The big issues this season had to do with reconciling the first two Economic Impact Payments to determine if a client qualified for a refundable Recovery Rebate Credit and the impact of the retroactive income tax components of COVID relief legislation passed in early March.

It was truly the rare federal return that I could complete in one sitting.  I either had a question about the return – most having to do with the Economic Impact Payment – or I had to wait for IRS guidance on tax issues related to the COVID relief legislation.  Despite my specifically asking clients to tell me what, if anything, they received in EIPs in my January letter the majority ignored this request. 

And often clients did not send me the same information for 2020 that I had requested when preparing their 2019 return.  My advice to my clients, and any taxpayer using a tax pro, is when gathering the information to prepare the current return  look at the previous year’s return and make sure all the information needed for the previous return is included in what you give me, or your tax pro, for the current return.  And please read carefully and completely my January client letter, or any similar correspondence from your tax pro, to see if there is any new information that is needed for the current return.

While the Recovery Rebate Credit was good for many clients – putting more money in their pockets – the fact that the IRS worksheet for the credit reconciled each of the two Economic Impact Payments separately, rather than combining both payments, was stupid (for the government) and financially imprudent (again for the government).  If a taxpayer got more than they were entitled to in the first payment but less than they were entitled to in the second payment, the first payment excess was not applied to the second payment shortage.  

For example, if a taxpayer got $200 too much in the spring of 2020 but $200 too little in January 2021 it was not a wash.  The $200 overpayment from 2020 was ignored and the taxpayer got the full $200 shortage for 2021 as a refundable credit on the 2020 Form 1040 (or 1040-SR).  While the reality is between the two payments the taxpayer got exactly what he/she/they was/were entitled to, the taxpayer actually ended up with $200 more than he/she/they was/were entitled to.

The logic of some of the stimulus payments was often confusing.  In many cases the first payment was calculated based on the taxpayer’s 2018 AGI and the second payment based on the taxpayer’s 2019 AGI, and I could reconcile how these payments were calculated, but not in all cases.  A surprisingly large number of clients who were entitled to the second payment based on 2018 or 2019 income did not get a check.  And in the case of a couple of married taxpayers who always file jointly, whose 2018 and 2019 AGI was clearly way above the income threshold, one spouse got a $600 check. 

I do believe the second payment, received in 2021, should not have been reconciled on the 2020 return.  Like the third $1,400 payment, while based on actual 2020 AGI, it should have been reconciled on the 2021 return prepared next year.

The IRS announced that the processing of 2020 returns claiming a Recovery Rebate Credit would take longer than “normal” returns and refunds on these returns would be delayed.  As of this writing I have not yet heard from any clients claiming this credit about IRS issues or inquiries – but it is still early.

The affect of the exclusion from income of the first $10,200 of 2020 unemployment benefits, part of the legislation signed into law by President Biden on March 11th, on other tax deductions and credits is still confusing and unclear.  Specific guidance on whether the exclusion is added back in calculating household income for the Premium Tax Credit, for example, was never issued.  I held up completing returns where this applied as long as I could, but finally assumed it was not and calculated the allowable credit accordingly.  I was, however, truly pleased that taxpayers who received an excess advance premium credit during the year did not have to pay back this excess on their 2020 return.

Thankfully there were no auto, computer, equipment, or weather issues of consequence for me this season.  The only concern was the slowness of the Post Office in delivering work to and from me and payments to me.  The attempts by Trump and his lackey DeJoy to destroy the postal service to sabotage mail-in ballots last year has had continued lasting effects. 

Once again, I was actually happy to be “stuck” at home during the season, leaving my condo only to go to the Post Office, the bank, the supermarket, and restaurants.  And the deadline extension actually worked out good for me – I only had 6 GDEs for 4 clients (2 GDEs related to the children of these clients) this year due to late receipt of tax “stuff” and missing information. 

The excessive backlog of correspondence and 2019 and amended 1040s (and 1040-SRs) resulting from the IRS closing its doors for too many months in 2020 is causing delays in processing current returns.  I hope that the IRS will pay interest on 2020 refunds that take too long to be issued, as it did with 2019 late refunds.

On the state tax front, I continued to use, and appreciate, the new “New Jersey Online Income Tax Filing” system, which began last year, to electronically submit directly to the NJDOT free of charge almost all of the NJ-1040s for my clients.  Using this system, I can include attachments and request direct deposit of refunds.  If only the IRS had a similar system (those of you who know me are aware that in my 50 seasons I have never used flawed and expense tax preparation software to prepare federal returns – all my returns are prepared manually - so I cannot electronically submit federal returns). 

And I continued to use, and appreciate, the “enhanced” fill-in forms available at the New York State Department of Taxation and Finance website.  While I could not electronically submit returns directly to the Department, the returns must be printed and submitted via postal mail, this system does all the mathematical and tax calculations. 

A message for Fidelity Brokerage Services regarding an issue that has been ongoing for the past few seasons – don’t be so cheap!!!!!  

The Tax Reporting Statement that it sends to investors via postal mail does not include “Supplemental Information” such as the individual sources of dividends and distributions reported on Form 1099-DIV and other important information.  The information on the individual dividend sources is important to calculate income from US government obligations that are exempt on state returns and state taxable municipal interest.  You must go online to get this additional statement.  No other brokerage house that I know of does this – all of them include all information – required and supplemental - in the paper statement they mail to investors.  And clearly some brokerage houses do a better job of providing supplemental information than others.

Clients send me the incomplete statement they received in the mail from Fidelity.  When preparing their return, and knowing that dividends from mutual funds are included in the total ordinary dividend number, I have to email them and ask them to download the online statement and email or postal mail it to me.  This causes delays and a waste of my time. 

So that was the 2021 tax filing season.  Once I finish the GDEs I will be “officially” retired!  

Don't worry - I will continue to write THE WANDERING TAX PRO in retirement.

TTFN












Saturday, May 22, 2021

THE BIGGEST PROBLEM FACING AMERICA TODAY!

The biggest problem facing America today is not COVID-19.  The biggest problem facing America today, and the biggest threat to the future of America, is the sad fact that about 74 Million Americans are either ignorant, racist, have no conscience, or, like the Presidential candidate they voted for in November 2020, all three. 

There was, and is, absolutely no intelligent, legitimate, rational, or acceptable reason for anyone to support and defend Trump.  Period.  It has nothing to do with political philosophy or policy.  It has nothing to do with conservative vs liberal.  It has to do with the character, or total lack thereof, of Donald Trump. 

In the history of the United States no one person has ever done more damage to America, American values and American democracy than Trump.

Trump is totally devoid of humanity and integrity.  He does not possess a single redeeming positive human quality or value.  He is clearly the absolute worst human being to ever hold national public office in the history of the United States and obviously the worst US President in history. 

Trump and his words and deeds are indefensible.  And support and defense of Trump and his words and deeds is indefensible.

America needs to do better at educating its citizens at all levels.  We need to work harder to combat racism and bigotry.  Intolerance must never be tolerated. 

Religious organizations that profess to follow the teachings of Christ must follow and promote the actual teachings of Christ.  Fundamental to these teachings is that, if there is a God, red, yellow, black, brown, white, gay, or straight all humans are “precious in his sight”.

And tolerance of Trump’s crimes and “sins” must never be tolerated 

What is most important right now is that Trump be investigated, indicted, prosecuted, convicted, and incarcerated for his multitude of federal, state and local crimes.  Trump MUST be held accountable – and we MUST send a message to the future that his actions will never be tolerated by anyone at any level.

And it is also vitally important that the current despicable and deplorable Republican Party be condemned and that Americans with a brain and a conscience, whether liberal, progressive, moderate, conservative, or libertarian, oppose, denounce and vote against all Republican candidates at all levels who do not publicly and aggressively disavow Trump and “Trumpism”.

TTFN











Tuesday, May 18, 2021

WHAT’S THE BUZZ, TELL ME WHAT’S A HAPPENNIN’?

BUZZ.  BUZZ.  THE BUZZ IS BACK!

* Michael Cohn reports “IRS starts refunds for tax returns claiming unemployment benefits” at ACCOUNTING TODAY.

The Internal Revenue Service is starting to provide tax refunds to taxpayers who paid taxes on their 2020 unemployment benefits that recent legislation later excluded from taxable income. . . .

 

The IRS said Friday it has identified more than 10 million taxpayers who filed their tax returns prior to enactment of the American Rescue Plan and has been reviewing those returns to determine the correct taxable amount of unemployment compensation and tax. That could result in a refund, a reduced balance due or no change to tax (no refund due nor amount owed).”

 

* Also from ACCOUNTING TODAY – "N.J. residents paythe most in lifetime taxes, W. Virginians the least” -

 

Those living in New Jersey will pay on average a grand total of $931,698, well above the $827,185 for Massachusetts residents and $805,213 for Connecticut. Nationwide, Americans will pay $525,037 over their lives, which includes taxes on income, property, cars and retail spending, according to the study from financial technology company Self.”

 

Thankfully I now live in Pennsylvania.

 

* Kay Bell, the yellow rose of taxes, tells us “TN disaster relief means May 17 isn't {wasn’t – rdf}Tax Day in 6 states" at DON’T MESS WITH TAXES.

 

* Check out the annual top 10 “Bozo Tax Tips” from Russ Fox at TAXABLE TALK.

 

Click here for #2 – 10 and here for #1.


- - - - - - -

 

I am off to the Jersey shore to recover from my 50th tax filing season later today!  "Talk" to you when I get back.

 

TTFN






















Monday, May 17, 2021

THANK GOD IT'S OVER!

 


TAX SEASON'S OVER (my 50th!)!

MY FACE IT HAS A BIG SMILE.

AND SO, IT'S OFF TO THE SHORE,

1040s NO MORE!

AT LEAST FOR A WHILE.