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Big deduction for state tax: implications on estimated tax payments, AMT, penalties

 

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Big deduction for state tax: implications on estimated tax payments, AMT, penalties derkire 06-12-2008
Posted by derkire on June 13, 2008, 3:38 pm
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Removeps,

Thanks for the great tips with my guesstimated numbers.
I hadn't thought about the fact that the 270k deduction only
reduces the fed TI (taxable income) and not the state TI.

I guess that means that I should probably pay fed=0 for the rest
of the year, modulo the assumptions that you spelled out..

I also did not realize that any unused portion of the 270k deduction
does not roll over to next year. I suppose I should try and "use it
up" if I can.
I'll try not to fall into the trap of minimizing tax at the expense of
maximizing profit :-). I winder what would happen if I managed to
producer just about 270k in gains, would AMT do any harm?

About tax pros: You are probably right., I should use one.
Is it common that a tax pro will provide you with a copy of
their software and the electronic data and pdf files that was
generated? I like the idea but I very much want to
own my data afterwards.

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Posted by Arthur Kamlet on June 13, 2008, 4:04 pm
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>
>About tax pros: You are probably right., I should use one.
>Is it common that a tax pro will provide you with a copy of
>their software and the electronic data and pdf files that was
>generated? I like the idea but I very much want to
>own my data afterwards.


More and more software packages make it fairly simple to provide
clients with a .pdf of the tax return. Some even provide for
some excel files to be eiher uploaded or downloaded. Factoring
this into the cost of the return is an interesting exercise.


But the software itself belongs to the vendor and generally
cannot be distributed by the tax preparer. And there are often
internal comments and internal workproducts that, if they were
deemed property of a client, would certainly affect the
procedures followed by tax preparers.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by removeps-groups@yahoo.com on June 16, 2008, 2:56 pm
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On Jun 13, 12:38 pm, derk...@gmail.com wrote:

> I also did not realize that any unused portion of the 270k deduction
> does not roll over to next year. I suppose I should try and "use it
> up" if I can.

Note that if your AGI is larger than a threshold (around 150k), then
your itemized deductions are phased out. The phase out is small --
about 3k for every 100k above the threshold -- but be aware that it's
there. In addition, the Bush tax cut is phasing out the phaseout, so
in 2008 and 2009 the phaseout will actually be only 1k if I'm not
mistaken, and in 2007 it was 2k.

> About tax pros: You are probably right., I should use one.
> Is it common that a tax pro will provide you with a copy of
> their software and the electronic data and pdf files that was
> generated? I like the idea but I very much want to
> own my data afterwards.

They're required by law to give you a copy of your return (in addition
to the one they file by paper if you choose or have to file by
paper). It's good to dig into the details yourself so that you know
what's going on. Many tax preparers won't dig into details. For
example, they may not tell you to make state estimated payments in the
year your income is high in order to get the benefit of those
deductions, or they won't dig into deductions for medical expenses
with clients over 70 years old, etc.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by KEBSCHULLW on June 20, 2008, 2:40 am
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On Jun 19, 10:08 pm, "removeps-gro...@yahoo.com" <removeps-
gro...@yahoo.com> wrote:
>

>
> > It means, "paid or accrued, whichever is applicable to the taxpayer."
>
> What about the foreign tax credit on form 1116?
>
> http://www.irs.gov/pub/irs-pdf/f1116.pdf
>
> It looks like if you're a cash basis taxpayer then you put the tax
> paid. That means if you pay your foreign tax for tax year 2008 in
> country XYZ on 2009, then you can only take the foreign tax credit for
> it in 2009. Do you agree?

To all:

Here is the law.

Sec. 164. Taxes
a) General rule

Except as otherwise provided in this section, the following taxes
shall be allowed as a deduction for the taxable year within which
paid or accrued:

(3) State and local, and foreign, income, war profits, and excess
profits taxes.


DEFINITION:

ACCRUE: 1: to come into existence as a legally enforceable claim.

There is a legally enforceable claim for state income taxes on income
as the income is received from a cash basis taxpayer. Therefore, a
taxpayer has the right to include all state income taxes on all income
earned in a year as a deduction on the return for the tax year in
which the income was earned whether it was paid in that year or in the
next year if he so chooses. He just can't claim a deduction for the
same tax twice. For a cash basis taxpayer, taxes are paid on a
"quarterly" basis with some quarters being shorter or longer that
others with the payment date for the fourth quarter being in the next
year. The taxes on the fourth quarter earnings accrue in the fourth
quarter of the tax year, not the first quarter of the next year.

You can point to IRS regulations, instructions, or forms until you are
blue in the face and it is not going to change the language in section
164(a). And pointing to Form 1116 does nothing to diminish the
specter that there is no one that is able to provide a coherent
reconciliation of the language in sections 111(a) and 56(b)(1)(D) and
the IRS instructions derived from those sections. Why? Because the
instruction yield "DOUBLE OR NOTHING" taxation (unrelated to tax rate)
of the income/refund related to a tax overpayment and sections 111(a)
and 56(b)(1)(D) provided for a "ZERO SUM GAIME".

In case any of you were not around for a prior disagreement that I had
with a professor, an accountant and a highly respected authority on
state taxation issues here are a couple of links to threads that you
might find interesting.

http://groups.google.com/group/misc.taxes.moderated/browse_frm/thread/c29bb0b9bbd9e5b3/878887b95d308f6d?lnk=gst&q=north+carolina+MFS+WDK#878887b95d308f6d

http://groups.google.com/group/misc.taxes.moderated/browse_frm/thread/6782735e1c0dba72/e90c63cb27affbfd?lnk=gst&q=north+carolina+MFS+WDK#e90c63cb27affbfd

So what happened between 2000 and 2006? I had a chance encounter with
a prominent North Carolina politician and I took the opportunity to
ask a rather direct question. Voila!

Cheers,

WDK

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<< The foregoing was not intended or written to be used, >>
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<< that may be imposed upon the taxpayer. >>
<< >>
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<< to this newsgroup as well as our anti-spamming policy >>
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Posted by ed on June 13, 2008, 4:03 pm
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On Jun 13, 1:38 pm, "removeps-gro...@yahoo.com" <removeps-
gro...@yahoo.com> wrote:
> On Jun 13, 10:27 am, derk...@gmail.com wrote:
>
> > 270k state tax for 2007 paid in 2008,  and to deduct against 2008
> > income.
> > q1: 75k cap gains, paid 20k(fed)+8k(state) est tax
> > q2: 85k cap gains, cintemplating paying 25k(fed) and 8k(state) est tax
> > q3: maybe similar
> > q4: maybe similar
>
> If that's all there is to it, it will be easy with any regular tax
> program.  For Q1, just multiply 75*4=300 for annualized AGI.
> Calculate the state tax quarterly payment first, probably something
> like 22.5%*10%*300k=6750 in California and pay it.  Of course, there
> are deductions, AMT, mortgage interest, etc to consider.  Then
> calculate the federal Q1 installment; use the state Q1 paid times four
> (to annualize the itemized deduction) as well as the 270k paid for
> last year.
>
> As your income is pretty high, you could just pay a pro 1k to 2k to
> take care of it as well as some financial planning.  For example, if
> you don't take any capital gains in Q2, Q3, Q4 then you probably will
> get the full benefit of the 270k deduction as you likely won't be in
> AMT (and you'll even get the stimulus credit for your 2008 federal
> return).  On the other hand, your income might be so low that part of
> the 270k will be forever lost.  And besides, you might need some
> money.
>
> > Should I just pay it and get it over with? Is there any big downside?
> > I don't expect to get much more than 2% on this cash anyway, so
> > maybe I should just pay as if I didn't have the big deduction and
> > get it over with. What interest rate will IRS pay me on
> > overpayment :-)?
>
> If you overpay your Q1 installment or any installment, you don't get
> any interest.  Muni mutual funds may give a better return than the 2%
> of banks, though there is some risk if the bond price falls.
The following assums no other income, $75,000 long term capital gain
in the first quarter and $85,000 in the second quarter, a total of
$270,000 state tax paid in the first quarter and too much tax to uses
the "Last years tax safe harbor" Filein married file jointly with only
2 exemptions (athough as you'llsee this doesn't make any difference).

The $270,000 State Tax as an itemized deduction actully wipes out all
your regular tax leaving you with only AMT without the benefit of the
$270,000 deduction, or ROUGHLY as follows

First Quarter LTCG $75,000 annualized * 4 = $300,000, minus only
$7,500 of AMT Exemption leaving taxable AMT of $292,500 of which
$66,100 is taxed at 0% and the remainder of $226,400 taxed at 15% for
amt tax of $33,960 * .225 =$7,641 for the first quarter installment.
You paid $20,000 so no penalty. The second quarter works out to
$13,187 tax for a total cumulative due of $21,458. So you only owe
$1,458 for a second installment.

ed

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<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
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