Archive for October, 2009

Desperation For Jobs

Wednesday, October 21st, 2009

One can tell the economy is in bad shape because the amount of lying that is going on with job applicants has skyrocketed comparitively with resumes and searching in the past.  People with no skills whatsoever are applying for work as skilled technicians, policemen and even doctors.

One hopes that in the coming year that the economy will change but in the meantime, the people who are out of work need to find something that they can do, anything, and just start getting it done.  To try to get into a field that you haven’t trained in or figure to wing it as you go along is bad business.

There are dozens if not thousands of more qualified people in the profession you are are wanting to get in and it pays to play it straight and don’t try to game the system.  You will get caught more sooner than later and it will keep the door closed from you trying to get work later on.

Better to go to school and get retrained for what you want to do and just get something to pay the bills (or at least a part of them) for the short term.  I have talked to recruiters who are hurting as well as human resource managers and they all have said that you have to be honest as well as persistant.  There is some work out there for what you do.  You just need to keep looking or be willing to retrain for new work.  I know it is easier said than done but hopefully things will open up for you.

Being creative to try and stand out is good but for some human resource people they get freaked out if you stand out too much.  Some stunts just backfire and it is best to present your accomplishments, how you can help a company save or make money and be willing to negotiate on your wages.

Good luck!

 

Oct 21 2009

Kim Isaac Greenblatt

Desperation For Jobs

Can You Retire? Maybe

Tuesday, October 20th, 2009

If you have a pension coming in and any other income streams maybe you should think about retiring.  To retire doesn’t mean that you completely stop working, just change your perspective on earning money.

Many taxpayers who are retired, disabled, or whose spouses or parents are deceased may receive social security or equivalent tier 1 railroad retirement benefits. The maximum benefit amount for 2008 for persons who retire at full retirement age is $2,185 per month ($2,323 for 2009). Some of these benefits may be taxable, depending upon the taxpayer’s circumstances.Taxpayers above a certain income level pay tax on a portion of their social security income, while lower-income taxpayers enjoy tax-free social security benefits.

Note: For purposes of this section, the term social security benefits
applies only to those payments made under the Old-Age, Survivors, and Disability Insurance program (OASDI). This is funded through the social security payroll tax and is based upon prior earnings. Social  security benefits do not include SSI (Supplemental Security Income), which is a federally funded program of income assistance based on financial need for the aged, blind, and disabled. The Social Security Administration administers both programs, but SSI benefits are not taxable.

Full Retirement Age For workers born before 1938, full retirement age is age 65. The age  is gradually being increased for workers born after 1937 until it reaches age 67.  The entire process will be complete in 2027.

Taxation of Benefits

Under current law, up to 85% of a taxpayer’s social security and equivalent tier 1 railroad retirement benefits may be taxable. Generally, however, if these benefits are the only source of a taxpayer’s  income, they will not be taxable. This also holds true if the taxpayer’s  other income is minimal.

Forms SSA-1099 (for social security) and RRB-1099 (for railroad retirement) are used to notify the taxpayer of total benefits received during the year. The form also indicates the amount of repayment of benefits the taxpayer made, if any.

Each individual recipient of social security and tier 1 railroad retirement receives Form SSA-1099 or RRB-1099. For example, if a widowed parent receives one monthly benefit check that includes benefits for the parent as well as two minor children, each of them will receive a separate Form 1099 reporting his share of the year’s benefits.

So the upshot is if you haved a lot of savings or income streams and can take your chances with social security, maybe you can retire today.

Oct 20 2009

Kim Isaac Greenblatt

Can You Retire? Maybe

 

 

 

 

 

 

 

Whoa What Are Moving Expenses At Tax Time

Tuesday, October 20th, 2009

I was asked at my friend’s wedding reception yesterday, what are moving expenses because he had moved due to business requirements.  It turns out in fact he did have legit expenses.

Moving expenses are first reported on Form 3903, Moving Expenses, and are then deducted on Form 1040, line 26, as an adjustment to income. This means that moving expenses can be deducted even if the taxpayer does not itemize.
To claim a deduction for moving expenses, the taxpayer must meet
two requirements:
• Distance
• Work time

Distance Requirement
The new job location must be at least 50 miles farther from the old residence than the old job location was. The distance test must be satisfied
by all taxpayers other than members of the armed forces who move pursuant to a permanent change of duty station.

Example: Jane Jones, a single taxpayer, works five miles from her residence. She is considering looking for a new job in another city. In order to deduct moving expenses, her new job location must be at least 55 miles [50 miles + 5 miles] from her old residence.

The shortest of the most commonly traveled routes is used to measure these distances. A taxpayer who was not previously employed or who obtains a full-time job after a substantial period of unemployment can satisfy the distance requirement if the new job location is at least 50 miles from his old residence. The job location is the place where the taxpayer works most of the time. If the taxpayer has no primary job location, the job location is
the general area where the business activities are centered.
Work Time Requirement

An employee must work full time in the general vicinity of the new job location for at least 39 weeks during the 12 months following the move. Temporary layoffs because the work is seasonal or because of strikes, and absences due to illness or vacations, are counted as work time. For seasonal work to count, the off-season period must be less than six months, and the employee’s work contract must cover the offseason. The 39 weeks need not be within one tax year. If the taxpayer expects to meet the work time test, the deduction is claimed for the year the move occurred. The 39 weeks of full-time work do not have
to be consecutive or with the same employer as long as the jobs are in the same general location and are classified as full-time work.

Example: Jane, from the preceding example, took a new job in another city 59 miles from her residence. She moved to the new city on November 1, 2008, and began work on November 3. Jane must work full time in the general area of this new city for at least 39 weeks during the period of November 2008 through October 2009. If she expects to meet this requirement, she may deduct her moving expenses on her 2008 tax return.

Self-employed persons must perform their services on a full-time basis for 78 weeks during the 24 months immediately following the move. At least 39 of these weeks must be within the first 12 months. An employee who becomes self-employed before satisfying the 39-week test must meet the 78-week test to claim moving expenses. A self-employed individual who becomes an employee before satisfying the 78-week test may use the time spent as an employee to meet the 78-week test if he will not be an employee for 39 weeks during the  first 12 months after the move.

There are exceptions to meeting the work time test. If a person dies, becomes disabled, or is involuntarily separated (for reasons other than willful misconduct), the work time test is waived. It is also waived if the employer asks an employee to transfer before the end of the 39 weeks if the employee could reasonably have been expected to meet the test had the employer not requested the employee transfer.

Military personnel whose move is due to a permanent change of duty station and taxpayers who return to the United States because of retirement or who are the survivors of a person who died while living and working outside the United States are not required to meet the work time requirement.

There is some more info you need to know about married couples and moving and whether you get to work right away or in several weeks but I will touch on that on another article on another day.

Oct 20 2009

Kim Isaac Greenblatt

Whoa What Are Moving Expenses At Tax Time

More On When Should I File, Kim G?

Monday, October 19th, 2009

The taxpayer is not required to pay the final installment if he files his tax return and pays the entire balance due on or before January 31 of the next year. Qualified farmers and fishermen (defined earlier) may elect to wait until January 15 of the following year to file Form 1040-ES and pay their entire estimated tax at that time. Or, if they file Form 1040 and pay their entire tax on or before March 1, they are not required to file Form 1040-ES or pay estimated tax.

The taxpayer can receive their estimated tax vouchers from their Tax Professional or they can go online and get them from www.irs.gov.  On or before the due date of each installment, the taxpayer should mail the voucher for that date and a check or money order to the appropriate IRS address. If a Form 1040-ES is filed at the same time  as the Form 1040, the taxpayer must pay the estimated tax and any balance due on Form 1040 with separate checks or money orders and mail each in a separate envelope to separate places. The taxpayer should write his social security number and what the payment is for (for example, “2008 Form 1040” or “2009 Form 1040-ES”) on every check or money order sent to the IRS. Checks and money orders should be made payable to “United States Treasury.”

All or part of an overpayment of tax on the 2008 tax return may be applied to the 2009 estimated tax rather than being refunded, if the taxpayer so chooses. The overpayment may be divided equally among the required installments or applied in full against the first installment and any remainder to succeeding installments until used up, or applied in some other way that fits the taxpayer’s situation. The overpayment applied from 2008 is not shown on the voucher; only the actual amount paid should be shown.

Changes in income, exemptions, deductions, and credits during the year may increase or decrease the estimated tax. An increase in estimated tax should be paid on or before the next installment due date

or in appropriate amounts on or before each remaining due date. If there is a decrease in estimated tax, remaining installments may be reduced or even eliminated.

Oct 19 2009 Mid Day

More on How and When Do I File Quarterly Tax Payments Kim G?

 

Oct 19 2009 Market Looks To Open Higher

Monday, October 19th, 2009

I am not a huge fan nor believer that we have gotten out of the woods financially.  Business is just moving too slowly and I don’t see any recovery in manufacturing in this country.  We still have millions under if not unemployed.  The stock market looks like it is going to open a little higher today on earnings reports and when I see that some companies are showing better profits, I like to look to see if they are from one time or one off discharges of expenses or liabilities.

Like more layoffs to save money.

Please do what you can to stay afloat financially and read between the lines, gang to get to the truth to the situation of corporate earnings.

Talk with you again in a few hours.

Oct 19 2009 early am

Kim Isaac Greenblatt

Oct 19 2009 Market Looks To Open Higher

Kim G When Should I File Quarterly Taxes

Monday, October 19th, 2009

A payment voucher for estimated taxes, Form 1040-ES, should be filed on the first estimated tax due date after the receipt of income not subject to withholding. If income is received in essentially equal or appropriate based on what your state may want to see (See California for example for accelerated payments) amounts throughout the year, the first declaration should be filed on or before April 15.
Period Due Date:
* Maximum Requirement of Number of First Met Declaration Installments
Between January 1 and March 31 April 15              4
Between April 1 and May 31 June 15                   3
Between June 1 and August 31 September 15            2
After August 31 January 15                            1
* These dates are extended to the next regular business day if they fall on a Saturday, a Sunday, or a legal holiday. A voucher may first be required on a due date after April 15 if the taxpayer has an increase in taxable income after March 31 from such things as:
• Realizing a taxable gain from the sale of property
• Winning a prize
• Starting a business
• An increase in profits of an existing business
• A change of filing status
• The loss of an expected dependent exemption
The full amount of the estimated tax may be paid when the first Form 1040-ES voucher is filed. Or, if the first voucher is due April 15, one fourth the total payment may be made at that time; if the first voucher
is due June 15, one-half of the total must be paid then; if the first voucher is due September 15, three-fourths of the total must be paid then.
Example: Harry Smith’s first voucher is due September 15, 2009.
His total estimated tax is $1,804. He should pay $1,353 [$1,804 * ¾] with his first estimated payment voucher.

If equal installments are to be paid, you should always round up when calculating each estimated tax payment. This little extra could mean the difference between owing and not owing a penalty.

Example: Jane Garr’s first voucher is due April 15, 2009. Her estimated tax is $1,458. [$1,458 / 4 payments = $364.50] It would be a good idea to round each of her payments to $365, for a total of $1,460.  If she only pays $364 each installment, her total payments will be only $1,456, and she could end up owing a small balance due at tax time.

Oct 19 2009

Kim Isaac Greenblatt

 

Kim G When Should I File Quarterly Taxes

Rex Asks Kim What is Basis

Sunday, October 18th, 2009

Rex, a student, asked me, “What is basis?”

My response is that  basis is a measure of the taxpayer’s investment in property for tax purposes. One tax purpose for which basis of property is used is to determine taxable gain or deductible loss on Schedule D when the property is sold or exchanged.
For purchased property, which is the way most investment-use and personal-use property is acquired, the basis of the property is its cost. Cost includes the cash paid, the fair market value of services rendered, and the fair market value of property traded in exchange for the property. Also, certain closing costs are added to the basis of property. Such closing costs include commissions paid by the purchaser, legal fees, recording fees, and state transfer taxes on real estate.

Example: Nancy Lewis purchased a rare stamp for $800. Her basis in the stamp is $800. She also purchased a house for $80,000 plus $3,000 in legal fees and recording fees. Her basis in the house is $83,000. 

During the period the taxpayer owns the property, various events may occur that affect the taxpayer’s investment in the property. As a result, the taxpayer must calculate the adjusted basis of the property before gain or loss can be established.
Adjusted basis is the original basis:

• Plus
 The cost of improvements
 The cost of restoration after a casualty
 Assessments for local improvements
• Minus
 Any discount, rebate, or reimbursement of any portion of the purchase price
 Insurance reimbursements for property damages
 The amount of casualty or other losses deducted on the return for any year
 Depletion or depreciation allowed or allowable
 Any gain that is not reported in the year realized

It is important to track your basis in business and personal transactions.  Hope that helped, Rex, and thanks for asking.

Oct 18 2009

Kim Isaac Greenblatt

Rex Asks Kim What is Basis

Miranda Asks Kim What Are Capital Assets

Saturday, October 17th, 2009

Miranda, a potential client, asked me the other day, “What the heck are capital assets?  I have heard about them and I don’t understand the definition.”

My answer is that I don’t blame Miranda because the definition is one of those that uses the definition in the explanation.  And you wonder why tax law is weird.  Back to business.

Generally, everything you own or use for either personal purposes or investment purposes is a capital asset.  The tax Code defines capital assets in negative terms: In fact, under the Internal Revenue Code, all property is considered a capital asset except for the following types of property.
The following assets are not capital assets:
• Property held mainly for sale to customers or property that will physically become part of merchandise for sale to customers. This includes stock-in-trade, inventory, and other property you hold mainly for sale to your customers in your trade or business.
• Accounts or notes receivable acquired in the ordinary course of a trade or business for services rendered or from the sale of any properties described above.
• Depreciable property used in your trade or business or as a rental property, even if the property is fully depreciated (or amortized).
• Real property used in a trade or business or as rental property, even if the property is fully depreciated.
• Copyrights, literary, musical, or artistic property created by personal efforts and prepared or produced for (or, under certain circumstances, acquired by) the taxpayer.
• U.S. government publications received from the government for free or for less than the normal sales price.
• Certain commodities and derivative financial instruments—which you will seldom encounter. (Derivative financial instruments are financial contracts whose value depends on–and is derived from–the value of an underlying asset, reference rate, or index.)
• Certain hedging transactions that are entered into in the normal course of a trade or business—which you will seldom encounter. (A hedging transaction is any transaction entered into primarily to manage risk of price changes or risk of interest rate or currency fluctuations.)

Starting to make sense or more confusing?  Wait, there is more.

• Supplies of a type you regularly use or consume in the ordinary course of your trade or business.

Properties in the following use classes are capital assets:
• Personal use, including personal residences, vacation dwellings, cars, furniture, jewelry, hobby and recreational equipment, collections, etc.
• Investment use, including land, stock, municipal and corporate bonds, collectibles, antiques, etc.
• Business use, including only certain intangible personal type property, such as goodwill or a franchise, plus any net §1231 gain from Section 1231 transactions are not discussed in this posting right now. If you see sales of business use property, you will need to do further research.

Take a look at Publication 544, Sales and Other Dispositions of Assets for more info that might help you with wrapping your head around the topic.

Oct 17 2009 mid day

Kim Isaac Greenblatt

Miranda Asks Kim What Are Capital Assets

Todd’s Last Bach Poker Game and Gambling Deductions

Saturday, October 17th, 2009

Tonight is my friend Todd’s last night as a single guy, he is getting married on Sunday.  He is celebrating with a poker night, his last one as a single man.  He hopes to continue playing after his marriage begins (he swears Tali, his bride, is all for it) but there is a milestone for the beginning of an end and the start of something new.

That also brings up the question about his bach party which was in Vegas.  If Todd had won money,  he could take deductions up to the extent of his losses on Schedule A if he were itemizing his deductions.  His poker winnings would go on Line 21 (if memory is right) for Other Income on the Form 1040.

Clients who play slots and other games are always trying to deduct 100% of their losses and the only way they can do that is if they had winnings to match them dollar for dollar.  Kind of sad that people who also could find other ways to spend their money trying to put all their eggs in one poker or gaming basket.  If you are a professional poker player you still have the same limitations for losses but you might have some expenses that you can take that you wouldn’t be able to otherwise.

My best to Todd and Tali and to all my readers who like to play games of chance.  You may want to also check out my new book, Practical Gaming.  You can order it from Amazon, Barnes and Noble and other establishments.  Part of the proceeds from the sales (as with all my books and products) go to research for a cure for Rett Syndrome.  Rett affects one girl born every fifteen minutes.  Boys born with the syndrome generally die at birth.  Help us out by buying some of my books.  Thanks!

Have a great weekend gang!

Oct  17 2009

Kim Isaac Greenblatt

Todd’s Last Bach Poker Game and Gambling Deductions

More On Married Filing Jointly Separately

Friday, October 16th, 2009

Individuals are considered married if they were legally married and not legally separated under a decree of divorce or separate maintenance  as of the last day of the tax year. This provision includes common-law marriages if such marriages are recognized by the state where the marriage began or by the state where the couple resides.

A married couple may choose to file a joint return or separate returns.  A joint return often results in a lower federal tax. If separate returns are filed, the effective tax rates are generally higher and several deductions and credits are reduced, limited, or not allowed at all. Whether the couple files jointly or separately, each spouse must report the social security number of the other spouse in the heading of Form 1040A or Form 1040. On a joint return, the spouse’s name is entered in the heading; on a separate return, the spouse’s name is entered next to line 3.

The total income, exemptions, and deductions of both spouses must be included on a joint return, and they must use the same accounting period. Usually, the spouses can be held liable, together or individually, for the entire tax plus any penalties on a joint return.

As you have already read from my previous blog entry, a married person who dies during the year is considered married for that tax year. The surviving spouse is also considered married for that tax year. If the surviving spouse does not remarry before the end of the year, a joint return or separate returns may be filed.  A surviving spouse who does remarry may file a joint return with the new spouse or they may file separate returns. The filing status of the deceased taxpayer in such a case must be married filing separately.

Example: Jack and Jill were married. Jack died on January 27, 2008. On December 1, 2008, Jill married Peter. Jill  and Peter  may file a joint return, or they may file separately, whichever they choose.  Jack’s filing status is married filing separately.
The decision whether to file a joint return or separate  returns should also take state tax laws into consideration.  In many states, the filing status on the state return must follow that on the federal return. If state tax laws are less restrictive for the married filing separately status in your state, the larger federal tax liability may be more than offset by a smaller state tax liability.

A taxpayer who files a joint return and later learns that the other spouse has understated the income (or overstated a deduction or credit) on the return may qualify to request innocent spouse relief from the IRS. For more information, see IRS Publication 971 or the instructions for Form 8857.

Be safe and sane, people!  Makes for better business and quality of life.

Oct 16 2009

Kim Isaac Greenblatt

More On Married Filing Jointly Separately