Saturday, February 10, 2018

Who qualifies as a dependent?

Experienced Small Business Accountant - The IRS rules for qualifying dependents cover just about every conceivable situation, from housekeepers to emancipated offspring.
Fortunately, most of us live simpler lives. The basic rules will cover almost everyone. Here’s how it all breaks down.
There are two types of dependents, each subject to different rules:
  • A qualifying child
  • A qualifying relative
For both types of dependents, you’ll need to answer the following questions to determine if you can claim them.
  • Are they a citizen or resident? The person must be a U.S. citizen, a U.S. national, a U.S. resident, or a resident of Canada or Mexico. Many people wonder if they can claim a foreign-exchange student who temporarily lives with them. The answer is maybe, but only if they meet this requirement.
  • Are you the only person claiming them as a dependent? You can’t claim someone who takes a personal exemption for himself or claims another dependent on his own tax form.
  • Are they filing a joint return? You cannot claim someone who is married and files a joint tax return. Say you support your married teenaged son: If he files a joint return with his spouse, you can’t claim him as a dependent.

Qualifying child

In addition to the qualifications above, to claim an exemption for your child, you must be able to answer "yes" to all the following questions.
  • Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, adopted child or an offspring of any of them.
  • Do they meet the age requirement? Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
  • Do they live with you? Your child must live with you for more than half the year, but several exceptions apply.
  • Do you financially support them? Your child may have a job, but that job cannot provide more than half of her support.
  • Are you the only person claiming them? This requirement commonly applies to children of divorced parents. Here you must use the “tie breaker rules,” which are found in IRS Publication 501. These rules establish income, parentage and residency requirements for claiming a child.

Qualifying relative

Many people provide support to their aging parents. But just because you mail your 78-year-old mother a check every once in a while, doesn’t mean you can claim her as a dependent. Here is a checklist for determining whether your mom (or other relative) qualifies.
  • Do they live with you? Your relative must live at your residence all year or be on the list of “relatives who do not live with you” in Publication 501. About 30 types of relatives are on this list.
  • Do they make less than $4,050 in 2017? Your relative cannot have a gross income of more than $4,050 in 2017 and be claimed by you as a dependent.
  • Do you financially support them? You must provide more than half of your relative’s total support each year.
  • Are you the only person claiming them? This means you can’t claim the same person twice, once as a qualifying relative and again as a qualifying child. It also means you can’t claim a relative—say a cousin—if someone else, such as his parents, also claim him.

Frequently asked questions

  • Can I claim my child as a dependent if she has a part-time job?
    Yes, if you provide more than half of the child’s support and meet other criteria.
  • My son will be filing a tax return for his summer job. Can he take the personal exemption if I claim him as a dependent?
    No. If you claim an exemption for him on your return, he will not be able to take a personal exemption.
  • I support my 67-year-old sister-in-law. Is she qualified to be counted as a dependent on my tax return?
    Yes, because sisters-in-law meet the relationship requirement and there is no age limit for qualifying relatives.
If you would like to discuss how these changes affect your particular situation, and any planning moves you should consider in light of them, please give me a call.
Amare Berhie, Senior Accountant           
(651) 300-4777

Tuesday, February 6, 2018

Is home mortgage and home equity loan interest still deductible under the new law?

Experienced Small Business Accountant -  Under the pre-Act rules, you could deduct interest on up to a total of $1 million of mortgage debt used to acquire your principal residence and a second home, i.e., acquisition debt. For a married taxpayer filing separately, the limit was $500,000. You could also deduct interest on home equity debt, i.e., other debt secured by the qualifying homes. Qualifying home equity debt was limited to the lesser of $100,000 ($50,000 for a married taxpayer filing separately), or the taxpayer's equity in the home or homes (the excess of the value of the home over the acquisition debt). The funds obtained via a home equity loan did not have to be used to acquire or improve the homes. So you could use home equity debt to pay for education, travel, health care, etc.
Under the Act, starting in 2018, the limit on qualifying acquisition debt is reduced to $750,000 ($375,000 for a married taxpayer filing separately). However, for acquisition debt incurred before Dec. 15, 2017, the higher pre-Act limit applies. The higher pre-Act limit also applies to debt arising from refinancing pre-Dec. 15, 2017 acquisition debt, to the extent the debt resulting from the refinancing does not exceed the original debt amount. This means you can refinance up to $1 million of pre-Dec. 15, 2017 acquisition debt in the future and not be subject to the reduced limitation.
And, importantly, starting in 2018, there is no longer a deduction for interest on home equity debt. This applies regardless of when the home equity debt was incurred. Accordingly, if you are considering incurring home equity debt in the future, you should take this factor into consideration. And if you currently have outstanding home equity debt, be prepared to lose the interest deduction for it, starting in 2018. (You will still be able to deduct it on your 2017 tax return, filed in 2018.)
Lastly, both of these changes last for eight years, through 2025. In 2026, the pre-Act rules are scheduled to come back into effect. So beginning in 2026, interest on home equity loans will be deductible again, and the limit on qualifying acquisition debt will be raised back to $1 million ($500,000 for married separate filers).
If you would like to discuss how these changes affect your particular situation, and any planning moves you should consider in light of them, please give me a call.
Amare Berhie, Senior Accountant     
amare@abataxaccounting.com        

(651) 300-4777

Friday, February 2, 2018

What's New On 2017 Form 1065, Return Of Partnership Income

2017 Form 1065, U.S. Return of Partnership Income

Experienced Small Business Accountant - IRS has issued final versions of 2017 Form 1065, U.S. Return of Partnership Income, and the instructions to that form. While the form itself is unchanged from the 2016 form, there are several changes to the instructions, including the following:

Page 1, Box A. Principal business activity. The Principal Business Activity Codes, located at the end of the Form 1065 instructions, have been updated and revised to reflect updates to the North American Industry Classification System (NAICS).

Page 1, Signature. The partnership return must be signed by a partner. Beginning in 2017, any partner of a partnership or any member of a limited liability company may sign the return.

Page 1, Line 16. Depreciation. The Tax Cuts and Jobs Act (TCJA) provides that 100% bonus depreciation applies to certain depreciable property acquired and placed in service after Sept. 27, 2017. For such property, the TCJA also eliminates the requirement that the original use of the property start with the taxpayer. The TCJA also expands the definition of qualified property to include qualified film, television, and live theatrical productions released, etc. after Sept. 27, 2017.

Address change for filing returns. The filing address for partnerships located in some states has changed. A complete list of filing addresses is on page 5 of the Form 1065 instructions.

New attachment to Form 1065. Certain U.S. persons that are the ultimate parent entity of a U.S. multinational enterprise group with annual revenue for the preceding reporting period of $850 million or more are required to file Form 8975. Form 8975 and its Schedule A (Form 8975) must be filed with the income tax return of the ultimate parent entity of a U.S. multinational enterprise group for the tax year in or within which the reporting period covered by Form 8975 ends. These rules apply beginning with the 12-month reporting period that begins on or after the first day of a tax year of the ultimate parent entity that begins on or after June 30, 2016.

Form 1065, Schedule K-1. A new item was added to code G ("Contributions (100%)") of Schedule K-1 (Form 1065), box 13, to report qualified cash contributions for relief efforts in certain disaster areas. Partnerships should use this new item to show each partner's distributive share of qualified cash contributions made for relief efforts in certain disaster areas that were paid after Aug. 22, 2017, and before Jan. 1, 2018. Partners can elect to use a 100% AGI limitation for these contributions.

Fiscal year partnerships—TCJA rule changes. The TCJA contains numerous provisions that change rules with respect to transactions that take place after Dec. 31, 2017 and thus may affect fiscal year 2017 returns.

Some of those provisions are unique to partnerships. For example, for transfers of partnership interests after Dec. 31, 2017, the definition of "substantial built-in loss" in Code Sec. 743(d), under the rules that require the adjustment of the basis of partnership property following the transfer of a partnership interest, has been revised.

Other provisions apply to businesses generally. For example, no deduction is allowed for certain entertainment expenses, membership dues, and facilities used in connection with these activities for amounts incurred or paid after Dec. 31, 2017.

Reminders about significant changes made last year. These significant changes first affected 2016 returns and continue to apply to 2017 returns.

Due date for Form 1065. The due date for a domestic partnership to file its Form 1065 has changed to the 15th day of the 3rd month following the date its tax year ended.
Information reporting by specified domestic entities. For tax years beginning after Dec. 31, 2015, domestic partnerships that are formed or availed of to hold specified foreign financial assets ("specified domestic entities") must file Form 8938 with their Form 1065 for the tax year. Form 8938 must be filed each year the value of the partnership's specified foreign financial assets meets or exceeds the reporting threshold.
A domestic partnership required to file Form 8938 with its Form 1065 for the tax year should check "Yes" to question 22 of Schedule B, Form 1065.

Pending bills that could affect 2017 partnership tax returns. While the TCJA contained a few extender provisions, many tax provisions expired at the end of 2016 and have not as of yet been extended. On Dec. 20, 2017, Sen. Orrin Hatch (R-UT), Chairman of the Senate Finance Committee, introduced the "Tax Extenders Act of 2017", but no votes have taken place with respect to this bill.

And, in December 2017, the House passed an additional disaster relief bill for Texas, Florida, Puerto Rico and other regions stricken by recent natural catastrophes, that would affect 2017 returns. The bill has not yet passed the Senate.
If you need help setting up or completing any tax-related paperwork needed for your business, don't hesitate to call. We're here to help! For no obligation free consultation contact us today!
Amare Berhie, Senior Accountant     
amare@abataxaccounting.com        

(651) 300-4777