Net Operating Loss Deduction in the News

Posted on October 10, 2016 by Kursti Nakagawa

Net Operating Loss in the News

A net operating loss occurs when the allowable business tax deductions for any given tax year exceeds gross income for that year, thus generating a negative taxable income. Beginning with the Revenue Act of 1918, tax law has allowed for the carryover of such losses, making them a valuable tax planning tool for reducing taxable income in any year where a profit is generated. The federal carryback and carryforward periods, which have fluctuated over the years, are currently set at two and 20 years, respectively. Many states also permit the carryover of a net operating loss although the allowable the time periods and rules governing the deduction vary considerably from state to state. At the present time, the majority of states allow the corporate net operating loss deduction to be carried forward for some period of time while a much smaller number allow it to be carried back.

Although the net operating loss deduction is most commonly used on corporate tax returns, losses from various pass-through entities such a partnerships, limited liability companies and s-corporations can be used to cancel out income on personal returns. Such was apparently the case with the personal tax returns of Donald Trump which is why the carryover of a net operating loss has made the news headlines in recent weeks. Although Trump’s tax returns have not officially been released, the portions of his 1995 state income tax returns for New York, New Jersey and Connecticut that were recently uncovered by the New York Times showed him claiming a negative income of over $916,000 million for that year. Although it has not been confirmed, speculation is that this negative income represented a net operating loss from businesses that were set up as pass though entities. If this is the case, those losses have been available to cancel out income from these various businesses and thus reduce the taxes owed by Mr. Trump over much of the time that has transpired between 1995 and the present.

Regardless of the specifics of Donald Trump’s tax returns, it is certain that the carryover of a net operating loss can be a valuable tax saving tool for businesses of any size, maturity level or business structure. Using this deduction, companies with fluctuating income can take full advantage of deductions that would be otherwise be lost in years where expenses exceed income. In fact, the carryover of a net operating loss is one of the only means by which the taxes owed by a business in any given tax year can be reduced by anything other than tax credits or tax deductions earned in that specific year. Although certain items such as personal exemptions and non-business deductions including contributions to charities, deductible IRA contributions and medical deductions cannot be used to calculate a net operating loss, it is nevertheless a valuable tax saving and tax settlement tool available to businesses across the board.

If you have tax questions or a tax debt you are unable to pay, our experienced tax settlement professionals are happy to discuss your tax resolution options free of charge. For more information about our services, visit us today at www.professionaltaxresolution.com or call us at 877.889.6527. Our CPAs, Enrolled Agents and other skilled accountants have a thorough understanding of tax law together with the experience necessary to know which tax settlement option will be the best fit for your specific set of circumstances.

Charitable Contributions Require Documention

Posted on November 4, 2015 by Kursti Nakagawa

Charitable Contributions Require Documentation

Although charitable contributions can amount to a significant tax savings, they can also have the negative affect of flagging a return from audit when they are claimed in excess or not reported according to preset IRS guidelines. A case in point is that of Kunkel versus United States Tax Commissioner. In this 2011 United States Tax Court case, the court disallowed over $37,000 in noncash contributions due to lack of substantiation. While the Kunkels maintained that the value of each donation was less than $250, the court questioned the total amount of the contributions. They pointed out that the total donation amount could have only been achieved by making almost 100 trips to various donation sites. In addition, the Kunkels had no dated receipts from any of the receiving charities giving either a value or description of the property being donated.

In order to avoid a situation such as the one described above, it is important to follow the guidelines set by the Internal Revenue Service for reporting charitable contributions. According to these guidelines, increasingly strict documentation requirements are imposed on charitable donations above or below the following preset thresholds:

 Contributions of less than $250

Contributions of less than $250 require 1) the name and location of the charitable organization to which the donation is being made, 2) the date the donation is made and 3) a description of the property being donated. Although it is advisable to get a receipt from the organization to which the donation is being made, this is not required.

 Contributions in excess of $250

In addition to the documentation required for contributions of less than $250, those in excess of $250 must have a written receipt from the charitable organization to which the contribution is made. In addition to a description of the donated property, the receipt must include a good faith estimate of the property’s value as well as a statement indicating whether any goods or services were given in exchange for the contribution.

 Contributions in excess of $500

Charitable donations in excess of $500 require 1) a specific description of the property being donated, 2) the date the property was acquired, 3) the cost basis of the property, 4) the fair market value of the property at the time the donation is made and 5) a statement of the method used to calculate fair market value.

 Contributions in excess of $5000

In addition to all of the documentation required for donations in excess of $500, charitable contributions in excess of $5000 require a qualified appraisal.

With the end of the calendar year fast aproaching, now is as good a time as any to review the IRS guidelines for documenting charitable contributions. Although the IRS sometimes allows charitable deductions even when the reporting taxpayer lacks the required documentation, there is no good reason to take a chance on this being the case. It is better to be safe than sorry! Charitable contributions can amount to a significant savings of tax dollars but proper reporting is essential.

If you have tax questions or a tax debt you are unable to pay, our tax settlement professionals are happy to discuss your tax resolution options free of charge. For more information about our services, visit us today at www.professionaltaxresolution.com or call us at 877.889.6527. With over 16 years in the business of resolving tax debt, we have a thorough understanding of tax law together with the experience to know which settlement option will be the best fit for your specific set of circumstances.

Can the IRS Keep Your Refund?

Posted on April 14, 2015 by Kursti Nakagawa

Who Won’t Get a Tax Refund?

It is tax refund time and most taxpayers already have a plan for their tax refund. They will save it, invest it, spend it or maybe do a little of each. However, some taxpayers will file their tax return and never receive a refund. This is due to the fact that the IRS can keep a taxpayer’s refund to cover certain types of debt, some of which are discussed below.

A Back Tax Balance with the IRS: If a taxpayer has a back tax balance with the IRS (even if they are currently enrolled in a payment plan), the agency will keep either all or part of that individual’s tax refund and credit it toward payment of their back tax balance. Although the delinquent taxpayer’s refund is either reduced or eliminated altogether for that tax year, they can at least take comfort in the fact that the IRS is helping them pay their back tax bill. It is important to keep in mind that federal income taxes and state income taxes are connected. Therefore, if an individual has a past due tax bill with the state they live in (or have lived in), they can expect that the IRS will take some or all of their refund to cover any back tax amount owed to the state.

Delinquent Child Support: If an individual is behind on court ordered child support payments, that person’s state of residence is authorized to take any one of a variety of actions. The state can garnish their wages, seize their property or keep a portion or all of their tax refund. These actions are all designed to retrieve the money that is owed in back child support.

Outstanding Student Loan Payments: If an individual falls behind on student loan payments, the federal government can take some or all of their refund to repay a portion of their student loan. This action will normally occur only if a person’s student loan account is more than ninety (90) days past due. As with back tax balances with the IRS and overdue child support, any amount of a tax refund that is withheld will be applied to the existing student loan debt.

Overdue Obamacare Payments: This is obviously a new reason as to why tax refunds can be held by the government. The Affordable Care Act has associated with it two instances where the government can withhold a person’s tax refund. The first instance occurs when an individual has not purchased health insurance coverage for the current year. In this case, the government uses the taxpayer’s refund as payment for their required health insurance coverage. The second instance where a tax refund can be withheld occurs when a subsidy has been received to offset the cost of a health insurance policy. The subsidy is considered to be a tax credit and, just like any other tax credit, it is expected to be repaid. If a taxpayer has received such a tax credit and has not repaid it, the government has several options. They can put a lien on the taxpayer’s property, garnish their wages or keep some or all of their tax refund.

Tax Deadline for Citizens Living Abroad

Posted on June 12, 2014 by Kursti Nakagawa

Tax Deadline for Citizens Living Abroad

Tax Deadline for Citizens Living Abroad – The tax filing deadline for United States citizens living abroad is on the horizon. That deadline is June 15^th (pushed to June 16^th for 2014). This automatic two month tax extension is granted to all overseas residents and does not require an extension request. The only condition for claiming the extension is for the taxpayer to attach a written statement when the return is submitted stating that both the primary residence and main place of business are outside of the country.

If a taxpayer residing abroad is unable to file a tax return within the automatic two month extension period, they must then file a written request to gain an additional four month extension. Although neither a late filing penalty nor a late payment penalty will be assessed on any returns covered by these extension periods, interest will normally accrue on any tax amount owed. As is true for taxpayers residing within the United States, all tax returns for United States citizens residing outside the county must be filed by the October 15^th tax extension deadline.

The United States is one of a few countries that requires its citizens living abroad to pay income taxes. This filing requirement applies to any United States citizen who earns more than $10,000 ($20,000 for a joint return) in any given year. Although rule applies even when some or all of the income is earned outside the country, certain income earned from foreign sources is exempt from taxation. In addition, taxpayers can sometimes claim a tax credit on their United States tax return for taxes paid outside of the county.

On top of filing an income tax return, United States citizens residing abroad are required to submit an FBAR Report if they hold foreign assets in excess of $10,000. Although the deadline for submitting the FBAR Report to the United States Department of Treasury is June 30^th, some of the information contained in the report is required for the tax return due two weeks earlier. Ownership in foreign businesses and holdings of other foreign assets must be itemized on the FBAR Report while Income from these same sources is required for the income tax return.

If you are a United States citizen residing abroad, our tax settlement professionals can help you evaluate and meet your tax filing requirements. The CPAs and Enrolled Agents at Professional Tax Resolution are experts in the area of foreign tax compliance and can help you evaluate your foreign income reporting requirements. Our experienced tax settlement professionals offer a free, no obligation consultation to answer any tax question or to discuss tax resolution optionsfor a tax debt you are unable to pay. For more information about out full range of tax services, call us at 877.889.6527 or visit our website at www.professionaltaxresolution.com.

Mortgage Debt Forgiveness Act Set to Expire in 2012

Posted on February 17, 2012 by Kursti Nakagawa

Under ordinary United States tax law, the forgiveness of mortgage debt results in a tax liability for the taxpayer whose debt is either entirely or partially forgiven. When a lender forecloses or agrees to accept a short sale or a loan refinance agreement to a lower loan amount, the amount of mortgage debt forgiven is considered to be income for the borrower and is therefore subject to taxation by the IRS. However, since the passage of the Mortgage Forgiveness Act in 2007, homeowners have been protected from this potential burden to their tax settlement. The Mortgage Debt Forgiveness Act excludes forgiven mortgage debt from becoming a tax liability in the following specific instances:

• Short Sales There is no tax on the difference between the loan balance and the selling price.

• Foreclosures There is no tax on the canceled loan amount.

• Refinancing to a Lower Loan Balance There is no tax on the difference between the original and the new loan amounts.

Although the Mortgage Debt Forgiveness Act protects taxpayers from most tax liabilities incurred from the forgiveness of mortgage debt, it includes the following exclusions and limitations:

• It does not forgive mortgage debt incurred through a home equity loan.
• It applies only to the sale, refinance, or foreclosure of a primary residence, not a rental property or a second home.
• It caps the amount of debt forgiveness it will exclude from taxation at $2 million for a married couple filing jointly or $1 million for a single person or a married individual filing separately.

The Mortgage Debt Forgiveness Act is set to expire at the end of 2012 unless Congress votes to extend it. This means that any amount of mortgage debt that is forgiven after January 1, 2013 will be considered taxable income. With this deadline in mind, a taxpayer who is considering applying for any type of mortgage debt relief should set the process in motion as soon as possible. All lenders take time to process debt forgiveness decisions and the time remaining to take advantage of the tax relief provisions of the Mortgage Debt Forgiveness Act is running out.

There are many factors to consider before making a decision to seek relief from mortgage debt. Foreclosures, short sales, and certain loan restructuring agreements have a negative impact on a taxpayer’s credit score. The lower credit score will then affect the taxpayer’s ability to purchase another home at any time in the near future. In addition, any income realized from one of the mortgage debt relief alternatives could push a taxpayer into a higher tax bracket which carries with it other tax implications. Probably the best approach to take when considering any type of mortgage debt forgiveness is to enlist the services of a qualified tax professional. Such an individual will be able to accurately weigh the effects of all of the factors affected by the decision and make a recommendation that will best fit with the taxpayer’s specific set of circumstances. The tax relief provision provided by the Mortgage Debt Forgiveness Act that is set to expire at the end of 2012 is certainly not the only point to consider.

If you have experienced a foreclosure, sold your home in a short sale, or refinanced your mortgage for less than the balance on the original loan, our experienced tax professionals can ensure that you receive the tax relief benefits you deserve. If you are considering one of these mortgage debt relief alternatives, our professionals can advise you of the potential advantages and disadvantages. Visit www.professionaltaxresolution.com for more information about debt forgiveness and other tax settlement services. Contact us by phone at (877)-889-6527 or by email at info@protaxres.com to receive a free, no obligation consultation.