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Federal Tax Law Changes – Tax Year 2013

TAX-AIDE TAX-AIDE

Federal Tax Law Changes 2013

New provisions

Indexing

Extenders

Form change

Due Dates

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NTTC Training – 2013

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Defense of Marriage Act Ruling

Same-sex couples – legally married by state or foreign law are married for federal tax returns

State (or country) where married is key – not state of residence

Must file either MFJ or MFS for 2013 and onward as long as married (except if eligible for HH)

Taxpayers may, but are not required to, amend up to three years’ returns from S/HH/QW to MFJ/MFS/QW

Changes in employer benefit plans can affect amended return

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DOMA – Supreme Court Ruling

Domestic partnerships or civil unions not included

Rules for community property apply as per state law

State law governs state tax returns

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DOMA Ruling Impact – Amending Returns

Standard provisions for amending returns apply

Trained on year being amended and use TaxWise for year being amended

Amend only taxpayer’s return by adding spouse’s name, SSN, dependents, income, expenses, refund/balance due information and explanation of changes

No action required on spouse’s return

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In or Out of Scope

In scope:

Distributions from a SEP/SIMPLE IRA that are fully taxable

Roth IRA distributions that are wholly nontaxable, including a converted Roth IRA

Wash sale loss disallowed if identified as such on the 1099-B, brokerage or mutual fund statement (Cap Gn Wkt adjustment code W)

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In or Out of Scope

Out of scope (still)

Self-employed medical insurance adjustment (1040 Line 29)

Roth IRA distributions that are partly taxable, including converted Roth IRAs (<59½ or failed to meet the relevant 5 year test)

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Schedule C

Expense limit raised to $10,000

Standard C-EZ rules apply

No loss

No inventory

No employees

No depreciation or asset write-off

No home office deductions, etc.

Can have multiple Sch Cs per taxpayer

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Capital Gains Tax Rate

New 20% rate for higher income taxpayers

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National Mortgage Settlement

Taxpayers may receive a settlement payment in 2013

Relates to a home lost in foreclosure 2008 - 2011

Must be COD certified or refer to paid preparer

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Medical Deduction Haircut

Taxpayers can deduct amount of unreimbursed medical and dental expenses that exceeds 10% 7.5%) of AGI (was

If taxpayer (or spouse) is 65 or older, threshold remains 7.5% (for both)

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New Taxes

Additional 0.9% Medicare tax on earned income over limit

Additional 3.8% tax on net investment income when modified AGI is over limit

Limits for both

$200,000 Single, HH or QW

$250,000 MFJ

$125,000 MFS

Both out of scope

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Social Security Tax Rate

Employee portion of social security tax returns to 6.2% (was 4.2% for 2011–2012)

Applies to self-employment tax too

Full social security rate now 12.4%

Total self-employment tax rate 15.3%

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Standard Deduction

Single MFJ MFS Std Ded $ 6,100 12,200 6,100 + if blind $ 1,500 1,200 ea 1,200* + if ≥65 $ 1,500 1,200 ea 1,200* HH QW 8,950 12,200 1,500 1,200 *also applies to dependent spouse if claimed 1,500 1,200

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Itemized Deductions

Subject to phase-out if AGI over

$250,000 Single or QW

$300,000 MFJ

$150,000 MFS

$275,000 HH

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Exemption Deduction

Exemptions increase to $3,900

Subject to phase-out if AGI over

$250,000 Single or QW

$300,000 MFJ

$150,000 MFS

$275,000 HH

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Standard Mileage Rates 2013

56.5¢ per mile – business miles

24¢ per mile – medical miles

14¢ per mile – charitable miles

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EIC Maximum Credits and Income

$6,044 – three or more qualifying children

$5,372 – two qualifying children

$3,250 – one qualifying child

$487 – no qualifying child

$46,227 ($51,567 MFJ) 3 qualifying children

$43,038 ($48,378 MFJ) 2 qualifying children

$37,870 ($43,210 MFJ) 1 qualifying child

$14,340 ($19,680 MFJ) no qualifying child

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Deductible Long-Term Care Premium Limits

Qualified long-term care premiums includible as medical expense on Sch A

$360 – Age 40 or under

$680 – Age 41 to 50

$1,360 – Age 51 to 60

$3,640 – Age 61 to 70

$4,550 – Age 71 and over

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Other Indexing

HSA Limits

$3,250 self-only coverage

$6,450 family coverage

Both + $1,000 if age 55 or older

Retirement savings credit income limits

Max $29,500, $59,000 MFJ, $44,250 HH

Max investment income for EIC $3,300

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Other Indexing

IRA contributions

Max $5,500 ($6,500 if age 50 or older)

Modified AGI limits when covered by employer plan

Lifetime learning credit income limits

Excludible savings bond interest – scope out of

Foreign earned income exclusion

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Extended Provisions 2013

Tax-free distribution from IRAs to public charities for individuals age 70½ or older

COD exclusion for principal residence

Adjustment for educator classroom expenses up to $250

Adjustment for qualified tuition and fees

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Extended Provisions

Premiums for mortgage insurance deductible as interest for qualified residence

Deduction for state and local general sales taxes

Nonbusiness energy property credit

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Form Changes

Sch D new lines if all transactions on statement are Code A or D – basis reported to IRS with no adjustments

But – continue to enter all capital gains/losses on Capital Gains Worksheet in TaxWise

TaxWise will carry to proper forms/lines

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Form 8949 1099 Codes

2012 codes were for short or long-term: A.

B.

C.

Transactions reported on Form(s) 1099 B showing basis was reported to IRS Transactions reported on Form(s) 1099 B showing basis was not reported to IRS Transactions other than code A or B

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NTTC Training – 2013 Pub 4012 – Pg 14

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Form 8949 1099 Codes

For 2013:

A, B and C now apply to short-term only

D, E and F are long-term equivalents

Continue to report on TaxWise Capital Gains Worksheet

Enter A, B or C as before – TaxWise will carry to correct Form 8949 based on dates entered

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Form 8453s

Pub 3189, pg 19: A second copy of Form

8453 and attachments must be retained until December 31st

ERO must promptly mail one copy to Austin and one copy to local SPEC office (SPEC to provide postage-paid mailing labels)

Attaching pdf to return is acceptable alternative if have secure scanning capability

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Due Dates

2013 tax returns are due

Tuesday, April 15, 2014

2014 estimated payments due

April 15, 2014

June 15, 2014

September 15, 2014

January 15, 2015

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Tax Law Changes 2013 Comments?

Questions?

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