Diamond Tax Consultants Blog

July 20, 2010

Rental Property and Your Tax Return

Filed under: Other Services, Real Estate, Tax tips — sempson @ 10:33 pm

We have received several emails inquiring about investing in real estate and how it affects taxes.

Therefore, we have devoted today’s tax tip on how much you can deduct if you invest in real estate.house and taxes

Before we cover this topic, I would like to take this opportunity to remind you that our knowledge about real estate and how it impacts your taxes are based on experience.  Through our affiliate company, Innovative Real Estate Investing, we provide an assortment of services which include rentals, property management, repair services, and more… Visit us online!

Investing in real estate offers ways to offset your earned income on your tax return.

Rental Property and Your Tax Return

If you own a rental property, all expenses directly associated with it (such as mortgage interest, property taxes, maintenance and repairs, and travel to and from the rental) are tax deductible. You report these expenses on Schedule E.Plus, even though a rental property is an asset that typically appreciates over the long term, the tax code allows you to depreciate it. This creates an additional expense that may also be deducted on your tax return.

Residential rental property is depreciated over 27.5 years or roughly 3.6% per year. Only the value of the building and other improvements can be depreciated. The land cannot be depreciated because it doesn’t wear out. Let’s take an example of a house that cost $200,000. If 80% of the value is the structure and 20% is the land, the value of the structure would be $160,000. The amount you could deduct for depreciation would be $160,000/27.5 years, or a little over $5800.

Passive Loss Deductions

In many cases, the depreciation will create a passive “loss” on your tax return. Real estate is considered a passive investment and generally speaking, passive losses may only be deducted against passive income.But the tax code allows an exception: You can deduct up to $25,000 in passive losses against your active income (that is, your income from working or from dividends), if you meet the requirements for “active participation”. Ok, so what does that mean? Active participation means you must own at least 10% of the rental property and be responsible for significant decisions affecting it. Even if you use a property manager to manage your rental, you’ll meet the requirement for active participation if you make key management decisions (such as approving tenants and expenses for repairs).

Here’s an example of how the passive loss deduction works: Let’s say you’re single and your modified adjusted gross income is $50,000. And let’s say you have a $10,000 passive loss from a duplex you own and actively participate in. In this example, you could deduct the full $10,000 loss from your $50,000 earnings, reducing your taxable income significantly for that year.

Deducting Real Estate Losses

As long as your modified adjusted gross income is $100,000 or less, you can deduct rental real estate losses of up to $25,000 per year from your earned income, whether you’re single or married and file jointly.

Offsetting your active income with up to $25,000 in real estate investment losses is just one of the ways real estate can help you shelter your income from taxes.

July 9, 2010

What happens if I Didn’t File My Taxes by April 15th?

Filed under: Tax tips — sempson @ 9:22 pm

It is well after the tax deadline of April 15th and you suddenly realize you april-15thhave not sent in your federal income tax. What now? Many people will panic and think the feds will soon be knocking down their door. Out of fear, many more people will choose to not act and turn in the required forms since they are already so late. It can be a scary situation, especially if you owe taxes to the government and don’t have enough money to pay in full.

Don’t Wait

While you may feel there is no point in sending in late documents, you absolutely need to act now. File your return as soon as it is complete. A tax professional can help you complete your filing but will be an added expense. Sign all your forms and send them via US Mail with Certified/Return Receipt services to ensure the tax office has received your paperwork.

If You Don’t Owe Taxes

When you complete your taxes and find the IRS owes you money, you will not be penalized. The only downside for you is your refund will be delayed. You can actually get refunds for taxes filed up to three years passed due but finally so late is not something you should attempt.

If You Do Owe Taxes

Send in a check for as much as you can afford. Your penalties for a late filing will depend on how much you owe in back taxes. The late filing penalty is currently at 5% of the total amount you owe to the government for each month you are late. Even if you are only one day late, the penalty for the full month is incurred. There will also be accrued interest at a rate that depends on the current market.

If you need to make payment arrangements, you will also need to include a completed Installment Agreement form with your filings. The Installment Agreement is your request to make monthly payment arrangements to pay off your total debt. It will depend on the total amount you owe and how much money you can afford to pay in each month until the debt is satisfied.

Facing the Fees

Penalties can get quit costly and the later you file, the stiffer the penalty. Even one day late will accrue penalties and interest which increases the overall amount you owe back. The penalty for filing just one day late is 5% of the original balance owed. The maximum penalty for failing to file by April 15 is 25% which is reached by September 16th, five months after the original due date. Taxes not filed within 60 days of the due date will be penalized whichever is the lesser of $135 or 100% of the unpaid tax amount.

Fraudulent Issues

If you have not filed your taxes with the intention to commit fraud, expect a significantly higher tax penalty. The rate for penalty will be increased from 5% a month to 15% a month. The maximum amount of penalty can be 75% of the original total amount of taxes owned. This penalty is not initiated very often but the IRS will enforce this penalty if fraud is obviously being attempted.

Dealing With Penalties

The IRS has the direct authority to reduce your tax penalties or even eliminate them altogether provided you make the proper request (penalty abatement). If you can prove ‘reasonable cause’ for not filing your taxes on time, you may have your penalties reduced or waived. The type of permissible excuses varies on a case-by-case basis.

Overall, the IRS wants to work with people who want to be helped. Communication is essential in working through the process of filing late taxes. If you are upfront with the IRS and make an honest attempt to make good on your debts, you can work through the process relatively unscathed. On the other hand, if you choose to ignore your tax obligations or try to cheat the IRS on taxes, you’ll pay considerably not only in taxes but you can face possible legal consequences.

Don’t forget to share this TIP with others!

Use this link to refer a friend to Diamond Tax Consultants so they can get professional help with all their tax needs.

July 3, 2010

Payroll Garnishment

Filed under: Tax tips — Tags: — sempson @ 6:57 pm

About the most frightening and embarrassing thing that can happen is to get called into your boss’s office to learn your employer has received a garnishment notice from IRS or the state.  It’s downright humiliating! In some cases, people have even lost their jobs over this.tax-man

How can you avoid this problem?

1)       ALWAYS be sure to file all your tax returns. Never assume.

If you did not sign that tax return – and mail it in, or get a confirmation of the efiling – then your tax return has not been filed.

a.      If you’re not sure whether a certain prior year return was ever filed, just send IRS a Form 4506-T and request a free transcript. If no return was filed, you will be told.

b.      Note: Neither bankruptcy nor offers in compromise will eliminate tax debt if you have not filed a tax return.

2)       When you get notices, open them. You’d be shocked to learn how many people never open those notices! Respond to them – or hire someone else to respond to them – and get copies of any written correspondence they send.

3)       If the notices are about balances due, if you cannot pay the balance, call the tax agency to arrange an installment agreement or hardship hold. They will rarely send out garnishment notices if you are working with them to solve the problem.

4)       Both IRS and your state have Taxpayer Advocates or Ombudsman, or some office with the ability to help you when you cannot get help from your tax collector’s office.

5)       If all else fails? Contact your US or State senator, representatives or whatever passes for your political representative on a federal or state level, depending on which agency is after you. You’d be surprised. They actually can get you some relief – or some help. Remember, they are there to help you.

Whatever else you do – don’t do nothing!

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