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Transfer of Winning Lottery Ticket to S Corp Creates Unlucky Gift Tax

Sandersen Knox & Associates LLP, CPA, Tax Accountants, Auditors A lottery winner recently tried to get lucky twice by beating the IRS on some of the taxes owed on the winnings. Unfortunately, she lost that round with lady luck, with the Tax Court ruling that she was liable for the gift tax on a maneuver with an S corporation designed to spread some of the good fortune around to various family members.

It all started when an Alabama waitress received the lottery ticket as a tip, as she had regularly received from a particular patron on a regular basis, and then won big. Her first challenge was to avoid the patron’s claims as he had apparently formed a different recollection of his original intentions, along with avoiding claims of her co-workers who had developed a theory of a sharing agreement. After protracted litigation, the state courts ruled in her favor on those matters. While those issues were still in the courts, however, she took steps to spread some of her new-found wealth around to family members, assuming at the time that she would ultimately win in state court. She did so by forming an S Corporation under the Internal Revenue Code with herself as the president and several family members listed as shareholders. What she didn’t count on that maneuver accomplishing was the IRS issuing a deficiency notice for $771,000 to her for gift tax she now owed. There was no dispute as to the applicable income tax liability.  This was a gift tax case and the lucky waitress had made the gift. The now less fortunate taxpayer predictably appealed to the Tax Court for relief.

Gift Tax Due, But with a Discount

The Tax Court eventually determined that the taxpayer’s transfer of a winning lottery ticket to a family-controlled S Corp was a gift. The court found there was no enforceable contract among family members to transfer the lottery ticket to the S Corp.

Code Sec. 2501(a)(1) generally imposes a tax irrespective of whether the gift is direct or indirect. A transfer of property to a corporation for less than adequate consideration represents gifts to the other individual shareholders of the corporation to the extent of their proportionate interests.

The court rejected the taxpayer’s argument that there was no gift because a family contract required transfer of the ticket. The court found that there was no pooling of money. There were no predetermined sharing percentages. There was no implied partnership. At most, the family had an unenforceable “agreement to agree” s much like that of her now unhappy co-workers.

Moral of the Story:  Some Deeds go Partially Punished

Although the court found for the IRS, the decision was not a total loss for the taxpayer. At the time the gift was made to the S Corp, there was still that competing and yet un-resolved claim to the lottery prize made by her co-workers. The court found that a hypothetical buyer would not have paid full value for the ticket given the uncertainties surrounding the possibility of collecting at the time of transfer. Therefor, the court concluded that an appropriate discount for the portion of the ticket subject to the competing claim would be 67 percent, which resulted in a $1.1 million gift to the S Corp and not the $2.4 million gift determined by the IRS.

This illustrates the importance of seeking good advance professional advice (tax as well as legal) so that unintended consequences do not become an unfortunate stumbling block later.

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Get a Handle on Multistate Sales and Use Tax Issues

Over the last few years, the recession has caused many companies to step out of their comfort zones just to stay competitive. For some, this means taking on larger projects or new types of work. For others, it means expanding into other states or even exploring international options.

If you do business in several states, it’s critical to understand how each state’s sales and use tax laws will affect your business. Please note: Multistate tax issues are complex — in every industry and particularly in the construction industry — so a detailed explanation is well beyond the scope of this article. Our intention here is to help illustrate the importance of examining these issues before you bid on an out-of-state project in the case of Construction Contractors, and to introduce automation concepts for sales and use tax administration in general.

Know Your Costs

As you know, accurate estimates are essential to a contractor’s success. One mistake can make the difference between a profitable job and a loser. Before you take on work in another state, it’s important to understand how that state’s tax laws differ from those in your home state.

Getting a handle on multistate tax issues will help you avoid underestimating your tax costs on a job. It may also help you identify opportunities to reduce your tax bill.

Avoid the traps

Sales and use tax laws and regulations can vary widely from state to state, and these differences can create traps for the unwary. In most states, contractors are treated as the ultimate consumers of building materials that are incorporated into a construction project. This means that the contractor pays sales or use tax on its materials purchases and treats those taxes as a cost of doing business that’s passed on to the customer.

In a handful of states, however, construction services are subject to sales tax. In those states, the contractor collects sales tax from its customer on the gross proceeds under the contract. Because the customer is treated as the ultimate consumer in these states, the contractor’s materials purchases are tax-exempt.

Many states also require contractors to collect sales tax from their customers under “retail sale plus installation” contracts. These are contracts under which materials are separately described, itemized and priced. The customer receives title to materials (and assumes the risk of loss) when they’re delivered to the job site.

Understand the Differences

 States also differ in their treatment of contracts with tax-exempt entities. All sales to the U.S. government are tax-exempt, while many states also exempt sales to certain state and local government agencies and certain not-for-profit organizations.

In some states, provided certain requirements are met, a contractor that purchases materials for a contract with a tax-exempt entity can take advantage of the customer’s exemption and avoid sales and use taxes altogether. In others, materials are tax-exempt only if the entity purchases them directly. In those states, you may be able to avoid taxes by having your customer supply the materials rather than purchasing them yourself.

Plan Carefully

If you’re expanding the geographical reach of your business to other states, plan carefully to ensure that you estimate your costs accurately. Only by familiarizing yourself with the tax laws in these states can you determine whether you’ll need to collect sales and use taxes from your customer, pay the tax yourself and incorporate the cost into your bid, or take steps to qualify for an exemption.

As mentioned above, this article is meant to provide just a few examples of the risks and opportunities associated with multistate sales and use taxes. Your tax advisor can help you deal with the many complexities involved, as well as provide assistance with multistate issues associated with other taxes, such as income and franchise taxes.

Automate

There are several software vendors offering specialized sales tax software applications, and these can save you a bundle – time in the short run, and potentially company killing sales tax audit losses in the long run.  Two examples of these are:

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Low Income Taxpayers Can Get Help With IRS Issues

If a low income taxpayer needs assistance in resolving tax disputes with the Internal Revenue Service (IRS) and cannot afford representation, or if the taxpayer cannot speak English as a second language and needs help understanding their taxpayer rights and responsibilities, they may qualify for help from a Low Income Taxpayer Clinic (LITC) that provides free or nominal cost assistance. Low Income Taxpayer Clinics (LITCs) represent qualified low income taxpayers before the Internal Revenue Service and assist taxpayers in:

 

  • Audits,
  • Appeals, and
  • Collection disputes.
  • LITCs can also help taxpayers respond to IRS notices and correct account problems.

Texas Eligibility Guidelines for 2012 are as follows:

Size   of Family Unit

Income   Ceiling (250% of Poverty Guidelines)

1

$27,925

2

$37,825

3

$47,725

4

$57,625

5

$67,525

6

$77,425

7

$87,325

8

$97,225

For each additional   person, add

$9,900

LITCs are independent from the IRS but they receive partial funding from the IRS via the LITC grant program. In addition to helping individuals resolve problems with the IRS, LITCs also provide information to taxpayers about different tax issues. Many LITCs offer information sessions as well as one-on-one classes that educate individuals about the rights and responsibilities of U.S. taxpayers. LITCs are typically non-profit organizations exempt from tax under IRC § 501(a) or clinical programs at accredited law, business, or accounting schools. Each clinic determines if prospective clients meet the income poverty guidelines and other criteria before it agrees to represent that client.

Texas LITC’s including languages served in addition to English:

City

Organization

Phone

Type of Clinic

Other Languages Served

Sugar Land

Centro Familiar Cristiano, Inc.

281-340-2400

ESL

Spanish

Houston

Houston Volunteer Lawyers Program

713-228-0735

Controversy

ESL

Spanish/Urdu/ Mandarin/ Vietnamese

El Paso

El Paso Affordable Housing Credit Union Service Organization

915-838-9608

ESL

Spanish

Fort Worth

Legal Aid of Northwest Texas

800-955-3959 817-336-3943

Controversy

ESL

Spanish

Austin

Texas Rio Grande Legal Aid, Inc.

210-212-3772

Controversy

ESL

Spanish

Lubbock

Texas Tech University School of Law

806-742-4312 800-742-8037

Controversy

ESL

Spanish

Bryan

Lone Star Legal Aid

800-570-4773 979-775-5050

Controversy

ESL

Spanish/Vietnamese/ Others through interpreter services

Bellaire

Neighborhood Centers, Inc.

713-669-5385

ESL

Spanish

In lieu of an LITC, low income taxpayers may be able to receive assistance from a referral system operated by a state bar association, a state or local society of accountants or enrolled agents, or another nonprofit tax professional organization.

History

As part of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA’98), Congress authorized funding for the LITC grant program. The program is designed to provide access to representation for low income taxpayers, so that achieving a correct outcome in an IRS dispute does not depend on the taxpayer’s ability to pay for representation, and to encourage the creation of programs to inform individuals for whom English is a second language about their rights and responsibilities as taxpayers.

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Owner Compensation: What’s Reasonable?

While controlling owners of closely held companies are generally free to set their own salary, the “reasonableness” of owner compensation can become an issue.

Thorough advance business planning and timely tax planning can help you manage reasonable compensation issues before they become a stumbling block.

Reasonable Compensation – The IRS Feels Strongly Both Ways

On one hand, if a company is a C corporation, the IRS might challenge unreasonably excessive owner salaries as an attempt to disguise nondeductible dividends as deductible wages.

On the other hand, since S corporation earnings and wages are treated essentially the same for income tax purposes, the IRS might claim that an S corporation set unreasonably low salaries to avoid paying payroll taxes on distributions. Other “pass-through” entities can face payroll tax scrutiny.

The 5 Factor Test

Five factors were considered in Multi-Pak Corp. v. Commissioner to determine if more than $2 million in compensation paid to the corporation’s sole shareholder and CEO was reasonable:

  1. The employee’s role in the company, including position, duties, hours and general importance to the company’s success,
  2. Comparison of employee’s compensation to compensation paid by comparable companies for comparable work,
  3. The company’s character and condition, including sales, net income or value, business complexity, and relative success in its industry,
  4. Potential conflicts of interest — that is, does the employee’s relationship with the company enable the business to disguise nondeductible dividends as deductible compensation, and
  5. Internal consistency of compensation policies and practices.
Additionally, the court reasoned that if the company’s earnings on equity after payment of the compensation at issue remained at a level that would satisfy a hypothetical independent investor, this was a strong indication that the employee was providing compensable services and that profits weren’t being siphoned off disguised as salary.

It’s Not All About Taxes

In valuations, owner compensation is often “normalized” to avoid distorting a company’s true earning power. This may be an issue in divorce or other family law matters involving the value of a spouse’s business interest. Reasonable compensation is also considered in other stock valuation situations such as a merger or acquisition, equity or debt financing, shareholder dispute, or bankruptcy.

Do Your Research Now

Anticipate potential issues when structuring owner compensation. Evaluate the five factors, research compensation surveys for your industry, and estimate the impact of owner salaries on ROE to get a feel for what’s reasonable and what’s not.  Effective advance business planning can head off IRS issues before they become unmanageable.

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10 Changes for 2011 That Benefit Most Taxpayers

From Roth conversions to changes in reporting capital gains and losses, there were a number of tax changes in 2011.

Whether you already know about them or simply need a reminder, here’s a look at 10 changes in 2011 that might benefit you, the taxpayer, this tax season. It is not too late for tax planning.

 

1. April 17 Tax Deadline: Two Extra Days to File and Pay

Taxpayers across the nation will have until Tuesday, April 17, 2012, to file their 2011 income tax returns and pay any taxes due. Taxpayers have extra time because April 15 falls on Sunday, and Emancipation Day, a holiday in the District of Columbia, is observed the following day on Monday, April 16. By law, filing deadlines that fall on D.C. holidays are extended to the next day that is not a Saturday, Sunday, or holiday.

The April 17 deadline applies to any return or payment normally due on April 15. It also applies to the deadline for requesting a tax-filing extension and for making 2011 IRA contributions. Taxpayers requesting an extension will have until Oct. 15 to file their 2011 tax returns.

2. Tax Credits Extended

Legislation, enacted in December 2010, extended several popular tax benefits, including the American opportunity credit for parents and students, the enhanced child tax credit and the expanded Earned Income Tax Credit.

3. Limited Non-business Energy Property Credit Still Available

This credit generally equals 10 percent (down from 30 percent the past two years) of what a homeowner spends on eligible energy-saving improvements, up to a maximum tax credit of $500 (down from the $1,500 combined limit that applied for 2009 and 2010). In addition, the energy standards are increased for most property; windows, exterior doors and skylights, for example, must meet Energy Star Program requirements.

Because of the way the credit is figured, in many cases, it may only be helpful to people who make energy-saving home improvements for the first time in 2011. That’s because homeowners must first subtract any non-business energy property credits claimed on their 2006, 2007, 2009 or 2010 returns before claiming this credit for 2011.

The cost of certain high-efficiency heating and air conditioning systems, water heaters and stoves that burn biomass all qualify, along with labor costs for installing these items. In addition, the cost of energy-efficient windows and skylights, energy-efficient doors, qualifying insulation and certain roofs also qualify for the credit, though the cost of installing these items do not.

4. Repayment of First-Time Homebuyer Credit

Taxpayers who claimed the first-time homebuyer credit for a home bought in 2008 must generally make the second of 15 annual repayment installments on their 2011 return.

Separately, a repayment requirement also applies where a taxpayer purchased a home and claimed the credit on a prior year return and then sold it or stopped using it as a main home in 2011.

Though the credit has expired for most home buyers, certain members of the armed forces and some other taxpayers who bought a home early in 2011 may still qualify for the credit on their 2011 return.

5. New Way to Report Capital Gains and Losses

In most cases, taxpayers now use new Form 8949 to report capital gain and loss transactions. Schedule D, the form traditionally used to show these individual transactions, is now used as a summary sheet, reporting amounts for total sales price, basis and other adjustments for all individual transactions, and for figuring the tax. For securities both bought and sold in 2011, the Form 1099-B, issued by the broker, normally shows the taxpayer’s basis.

6. Reporting Roth Conversions

As in 2010, income limits no longer apply to rollovers or conversions to Roth IRAs from other retirement plans. However, unlike 2010 conversions, all of the income resulting from a 2011 conversion must be included on the taxpayer’s 2011 return.

For 2010 conversions, only half of the resulting income must be included in income in tax-year 2011 and the other half is reported in 2012, unless the taxpayer chose to include all of it in income for 2010.

7. AMT Exemption Increased

For tax-year 2011, the alternative minimum tax exemption increases to the following levels:

  • $74,450 for a married couple filing a joint return and qualifying widows and widowers, up from $72,450 in 2010.
  • $37,225 for a married person filing separately, up from $36,225.
  • $48,450 for singles and heads of household, up from $47,450.

8. Health Insurance Deduction for Self-Employed Individuals

In 2011, eligible self-employed individuals and S corporation shareholders can use the self-employed health insurance deduction to reduce their income tax liability. Premiums paid for health insurance covering the taxpayer, spouse and dependents generally qualify for this deduction. In addition, premiums paid to cover an adult child under age 27 at the end of the year, also qualify, even if the child is not the taxpayer’s dependent. However, the deduction from self-employment income for determining self-employment tax, which was available only in tax-year 2010, no longer applies.

As before, the insurance plan must be set up under the taxpayer’s business, and the taxpayer cannot be eligible to participate in an employer-sponsored health plan.

9. Change for HSAs and MSAs

Starting in 2011, the additional tax on distributions from a health savings account (HSA), not used for qualified medical expenses, increases from 10 percent to 20 percent. Report on Form 8889. Similarly, the additional tax on distributions from an Archer medical savings account (MSA), not used for qualified medical expenses, rises from 15 percent to 20 percent.

10. New Form for Reporting Foreign Financial Assets

Taxpayers must report specified foreign financial assets on new Form 8938, if the aggregate value of those assets exceeds certain thresholds. This new requirement is designed to improve tax compliance by taxpayers with offshore financial assets. Form 8938 is separate from and does not replace the existing requirement that U.S. persons with financial accounts located in a foreign country report those accounts to the Treasury Department using Form TD F 90-22.1. Unlike Form TD F 90-22.1, Form 8938 is attached to a taxpayer’s income tax return. Individuals who do not have an income tax return filing requirement need not file Form 8938.

The Form 8938 filing requirement applies to U.S. citizens and resident aliens, nonresident aliens who elect to file a joint income tax return and certain nonresidents who live in a U.S. territory. Form 8938 is required when the total value of specified foreign assets exceeds certain thresholds. For example, a married couple living in the U.S. and filing a joint tax return would only file Form 8938 if their total specified foreign assets exceed $100,000 on the last day of the tax year or more than $150,000 at any time during the tax year.

The thresholds for taxpayers who live abroad are higher. For example, a married couple living abroad and filing a joint return would file Form 8938 if the value of specified foreign assets exceeds $400,000 on the last day of the tax year or more than $600,000 at any time during the year.

If you have questions about these or other tax changes, please call us. We’d be happy to assist you.

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IRS Phishing Scam

There is another phony IRS email phishing scam making the rounds aimed at a variety of taxpayers.  The message is from a dubious source address.  It claims to be from the IRS and proposes a significant penalty. The lure is a potential to be released from the substantial penalty proposed.

The real trouble comes after clicking through on the link provided.

 

 

IRS Phishing Scam – Here is an Example

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What to Do if You Receive a Phishing Scam Email

Taxpayers who receive a suspicious e-mail claiming to come from the IRS should take the following steps:

  • Do not open any attachments to the e-mail, in case they contain malicious code that will infect your computer.
  • Do not click on any links, for the same reason. Alternatively, the links may connect to a phony IRS Web site that appears authentic and then prompts for personal identifiers, bank or credit card account numbers, or PINs.
  • Do not respond to the email. Instead, visit the IRS website to use the “Where’s My Refund?” interactive tool to determine if you are really getting a refund.
  • Forward the suspicious e-mail or url address to the IRS mailbox phishing@irs.gov, and then delete the e-mail from your inbox. Alternatively, you can Report Phishing on the IRS website.
  • Consumers who believe they are or may be victims of identity theft or other scams may visit the U.S. Federal Trade Commission website for guidance on what to do. The IRS is one of the sponsors of this site.

If you’ve received an email claiming to be from the IRS, be very careful.  It could very well be an IRS scam artist targeting you.

What is Phishing?

Phishing email messages, websites, and phone calls are scams designed to steal money. The object is to con you into providing personal information so that an identity thief can victimize you, or to gain access to your credit card numbers and bank account information, or both.  Cybercriminals can also do this by installing malicious software on your computer or stealing personal information off of your computer when you click on links in their emails.

Stay Informed

Subscribe below to receive free monthly tax and financial advice you can use:

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Don’t be a Victim – Learn More

See Avoiding Scams on our website for information on how to avoid:

  • rip-offs
  • ponzi scemes
  • con artists
  • and more.

 

 

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How to Avoid Identity Theft During Tax Season

Consumers should protect themselves against online identity theft and other scams that increase during–and after–the filing season. Such scams may appropriate the name, logo, or other appurtenances of the IRS or U.S. Department of the Treasury to mislead taxpayers into believing the communication is legitimate.

The Internal Revenue Service receives thousands of reports each year from taxpayers who receive suspicious emails, phone calls, faxes or notices claiming to be from the IRS. Many of these scams fraudulently use the IRS name or logo as a lure to make the communication appear more authentic and enticing. The goal of these scams, referred to as phishing, is to trick you into revealing your personal and financial information. The scammers can then use your information — like your Social Security number, bank account or credit card numbers — to commit identity theft or steal your money.

Scams involving the impersonation of the IRS usually take the form of e-mails, tweets, or other online messages to consumers. Scammers may also use phones and faxes to reach intended victims. Some scammers set up phony Web sites.

The IRS and E-mail

Generally, the IRS does not send unsolicited e-mails to taxpayers. Further, the IRS does not discuss tax account information with taxpayers via e-mail or use e-mail to solicit sensitive financial and personal information from taxpayers. The IRS does not request financial account security information, such as passwords and PIN numbers, from taxpayers.

Most Scams Impersonating the IRS are Identity Theft Schemes

In this type of scam, the scammer poses as a legitimate institution to trick consumers into revealing personal and financial information – such as passwords and Social Security, PIN, bank account and credit card numbers – that can be used to gain access to their bank, credit card, or other financial accounts.

Attempted identity theft scams that take place via e-mail are known as phishing. Other scams may try to persuade a victim to advance sums of money in the hope of realizing a larger gain. These are known as advance fee scams.

How an Identity Theft Scam Works

Typically, a consumer will receive an e-mail that claims to come from the IRS or Treasury Department. The message will contain an enticing or intimidating subject line, such as “Tax Refund,” “Inherited Funds,” or “IRS Notice.” Usually, the message will state that the recipient needs to provide the IRS with information to obtain the refund or avoid some penalty. The message will instruct the consumer to open an attachment or click on a link in the e-mail. This may lead to an official-looking IRS Web site. The look-alike site will then contain a phony but genuine-looking online form or interactive application that requires personal and financial information, which the scammer then uses to commit identity theft.

Alternatively, the clicked link may secretly download malware to the consumer’s computer. Malware is malicious code that can take over the computer’s hard drive, giving the scammer remote access to the computer, or it could look for passwords and other information and send them to the scammer.

Phony Web or Commercial Sites

In many IRS-impersonation scams, the scammer sends the consumer to a phony Web site that mimics the appearance of the genuine IRS Web site, IRS.gov. This allows the scammer to steer victims to phony interactive forms or applications that appear genuine but require the targeted victim to enter personal and financial information that will be used to commit identity theft.

The official Web site for the Internal Revenue Service is IRS.gov, and all IRS.gov Web page addresses begin with http://www.irs.gov/.

In addition to Web sites established by scammers, there are commercial Internet sites that often resemble the authentic IRS site or contain some form of the IRS name in the address but end with a .com, .net, .org, or other designation instead of .gov. These sites have no connection to the IRS. Consumers may unknowingly visit these sites when searching the Internet to retrieve tax forms, publications, and other information from the IRS.

What to Do

Taxpayers who receive a suspicious e-mail claiming to come from the IRS should take the following steps:

 

  • Do not open any attachments to the e-mail, in case they contain malicious code that will infect your computer.
  • Do not click on any links, for the same reason. Alternatively, the links may connect to a phony IRS Web site that appears authentic and then prompts for personal identifiers, bank or credit card account numbers, or PINs.
  • Do not respond to the email. Instead, visit the IRS website to use the “Where’s My Refund?” interactive tool to determine if you are really getting a refund.
  • Forward the suspicious e-mail or url address to the IRS mailbox phishing@irs.gov, and then delete the e-mail from your inbox. Alternatively, you can Report Phishing on the IRS website.
  • Consumers who believe they are or may be victims of identity theft or other scams may visit the U.S. Federal Trade Commission website for guidance on what to do. The IRS is one of the sponsors of this site.

If you’ve received an email claiming to be from the IRS, call us to talk it over before taking any action. We don’t want you to fall victim to a scam.

Frequent or Recent Scams

We will be listing some of the newest identity theft scams for the 2011 Tax Season in our February 2011 Newsletter.  To receive this information simply susbscribe below:

Email Updates
Enter your email below
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monthly newsletter.

Don’t be a Victim – Learn More

See Avoiding Scams on our website for information on how to avoid:

  • rip-offs
  • ponzi scemes
  • con artists
  • and more.

 

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Tax Benefits for Job Seekers

Some folks – especially these days – are polishing their resumes and attending career fairs in search of employment. If you are searching for a job currently, or if you have gone back to graduate or school to hone your present skills and marketability, you are planning on graduating soon, and you are getting ready to re-enter the job market, you may be able to deduct some of those expenses on your tax return.

Here are six things you need to know about deducting costs related to your job search:

  1. To deduct job search costs, the expenses must be spent on a job search in your current occupation. You may not deduct expenses related to looking for a job in a new occupation.
  2. You can deduct employment and outplacement agency fees you pay while looking for a job in your present occupation. If your employer pays you back in a later year for employment agency fees, you must include the amount you receive in your gross income up to the amount of your tax benefit in the earlier year.
  3. You can deduct amounts you spend for preparing and mailing copies of a resume to prospective employers as long as you are looking for a new job in your present occupation.
  4. If you travel to an area to look for a new job in your present occupation, you may be able to deduct travel expenses to and from the area. You can only deduct the travel expenses if the trip is primarily to look for a new job. The amount of time you spend on personal activity compared to the time spent looking for work is important in determining whether the trip is primarily personal or is related to your job search. (If you have questions about how to figure this, call us.)
  5. You cannot deduct job search expenses if there was a substantial break between the end of your last job and the time you begin looking for a new one.
  6. You cannot deduct job search expenses if you are looking for a job for the first time.

If you’d like more information about deducting expenses related to your job search, let us know. We’ll guide you through the process.

For assistance  with other tax planning visit our Tax Center and for related financial guides visit our Life Events Center.  We also have a monthly tax and financial planning newsletter with free tips and advice that you can use today.

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Anatomy of Form W-2 for 2011

Form W-2 can be a challenge to navigate.  We have provided an interactive W-2 to guide you through the various fields. Each major field on Form W-2 is explained in easy to understand terms, and special boxes are highlighted to help you avoid any pitfalls as well as to help you take advantage of any opportunities available.  Be sure to take advantage of our special 2011 Social Security Checking tool found at the bottom of the page.

 

Form W-2 for 2011 – Click the form for interactive explanation

Incorrect Social Security Withholding in 2011 ?

Have you wondered if your social security tax was correctly withheld for 2011?  Some employers may not have gotten the word on the 2% employee payroll tax reduction bill passed late in the prior year and if you are one of those impacted, you could be due a refund of up to over $2,000.  For example, an employee making $25,000 in 2011 being taxed at 6.2% instead of 4.2% would be due a $500 refund, so the amounts can add up faster than you might think.

For a quick way to check if this is correct, try our Fast Social Security Withholding Validation Tool.  It could help you find a refund you would not have known about otherwise.

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W-2 Tips for 2011 Can Save You Money

Tax season 2012 for most of us begins with getting all of our W-2 Forms and making sure they are correct.  If you worked for wages in 2011 you should receive a W-2 from each employer.

Your 2011 income taxes and future social security benefits are based on this form, so its accuracy is essential to your tax and financial health.  Download the Free Smartphone app below for Android and iPhone and get a fast raise today.

  • Make sure you receive all your W-2s. You should receive a Form W-2 from every company you worked for in 2011 by January 31. If one of the companies does not send one, contact its payroll department and request a ‘reissued statement.’
  • If you earned $600 or more from a single company for freelance or contract work, you should receive Form 1099-MISC, Miscellaneous Income, instead of Form W-2 by January 31.
  • Verify your Social Security Number (SSN) matches your social security card. The name and SSN on Form W-2 must match your social security card in order for you to receive your social security benefits. Ask your payroll department for a corrected Form W-2, if needed.
  • Review your Form W-2 against your final 2011 paystub. Contact your payroll department if any figures seem incorrect.
  • Make sure that Box 3 does not exceed $106,800 – the maximum taxable social security wages for 2011
  • If Box 4 equals 6.2% of Box 3, then your employer may have over withheld social security by mistake and you could be due a refund of up to 2% of Box 3.  There was a 2% “Payroll Tax Cut” in 2011 which reduced funding into the Social Security trust.

IMPORTANT THINGS TO REMEMBER ABOUT YOUR W-2.  (Click on the form for an interactive guide.)

  • Box 1 will differ from your final 2011 paystub year-to-date gross pay if you participated in a 401(k) or other employer-sponsored savings plan.
  • The Box 3 total should not exceed $106,800 – the 2011 social security wage base. Box 4 should not equal 6.2% of Box 3 (maximum amount $4,485.60). If it does, you may be due a big refund.
  • Boxes 1, 3, and 5 will be different from your final 2011 paystub year-to-date gross pay if you use pre-tax dollars to pay insurance premiums or to contribute to flexible spending accounts.
  • Check for tax credits. You may be eligible for thousands of dollars from the Earned Income Tax Credit. Read the back of Form W-2 copies B, C, and 2 to determine your eligibility.
  • If there is an amount coded DD in Box 12, do not worry.  It is not taxed to you.  This is the cost of employer provided health insurance.  It is an optional reporting amount for 2011, so it may or may not appear even though your employer may provide health benefits.

FIND OUT IF YOUR 2011 W-2 HAS THE CORRECT SOCIAL SECURITY AMOUNT – YOU COULD BE DUE A REFUND

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