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27740 Tomball Parkway    (close to Subway and Wells Fargo)
Call for Assistance: (281) 351-6442
27740 Tomball Parkway    (close to Subway and Wells Fargo)
Call for Assistance: (281) 351-6442
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Frequently Asked Questions by Taxpayers

We're always happy to answer your questions, but if you like to research your own answers then maybe you can find the information below. If not, just ask us!

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Most Common Questions:






Answers (updated as the Tax Law changes):



What are the tax changes for this year?
For highlights of any tax changes for the current tax year, refer to the "What's New" section of the following IRS publications:
Is there an age limit on claiming my child as a dependent?
To be claimed as your dependent, your child must meet the qualifying child test or the qualifying relative test. While the child's age is a factor in the qualifying child test, it is not in the qualifying relative test. An individual meeting the qualifying relative test may be of any age.

As long as all of the following tests are met, you may claim a dependency exemption for your child:
  • Qualifying child or qualifying relative test,
  • Dependent taxpayer test,
  • Citizen or resident test, and
  • Joint return test.

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How much does an unmarried dependent student have to make before he or she has to file an income tax return?
If you are an unmarried dependent student, you must file a tax return if your earned and/or unearned income exceeds certain limits.

Even if you do not have to file, you should file a federal income tax return if you can get money back (for example, you had income tax withheld from your pay; you qualify for the earned income credit; or you qualify for the additional child tax credit).
If I claim my daughter as a dependent because she is a full-time college student, can she claim herself as a dependent when she files her return?
If an individual is filing his or her own tax return, and the individual can be claimed as a dependent on someone else's return, the individual cannot claim his or her own personal exemption. In this case, your daughter should check the box on her return indicating that someone else can claim her as a dependent.

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Can I receive a tax refund if I am currently making payments under an installment agreement or payment plan for a prior year's federal taxes?
No. As a condition of your installment agreement, any refund due to you in a future year will be applied against the amount that you owe. The IRS will automatically apply the refund to the taxes owed. You must continue making your installment agreement payments as scheduled and in full because your refund is not applied toward your regular monthly payment; therefore any payments due under the installment agreement must still be made in full.

Regardless of whether you are participating in an installment agreement or other payment arrangement with the IRS, you may not get all of your refund if you owe certain past-due amounts, such as federal tax, state tax, a student loan, or child support. For more information on these non-IRS refund offsets, you can contact the Bureau of Fiscal Service (BFS) at a toll-free number 800-304-3107.
For head of household filing status, do you have to claim a child as a dependent to qualify?
In general, yes. However, in certain circumstances, you do not have to claim the child as a dependent to qualify for head of household filing status; for example, a custodial parent may be able to claim head of household filing status even if he or she released a claim to exemption for the child. You may qualify to file as head of household even though you do not claim an exemption for your child if you meet all of the following requirements:
  • You are unmarried or considered unmarried on the last day of the year.
  • You paid more than half of the cost of maintaining a household that is your home and the main home of your child for more than one-half of the year.
  • Your child is your qualifying child for purposes other than the dependency exemption and the child tax credit.

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What should I do if I made a mistake on my federal return that I have already filed?
It depends on the type of mistake that you made:
  • Many mathematical errors are caught in the processing of the tax return itself so you may not need to correct these mistakes.
  • If you did not attach a required schedule, the IRS will contact you and ask for the missing information.
  • If you did not report all of your income or did not claim a credit, you should file an amended or corrected return using Form 1040X, Amended U.S. Individual Income Tax Return.

When filing an amended or corrected return, include copies of any schedules that have been changed or any Form(s) W-2 you did not include. File 1040X only after you have filed your original return. Generally, for a credit or refund, you must file Form 1040X within 3 years (including extensions) after the date you timely filed your original return or within 2 years after the date you paid the tax, whichever is later. The IRS generally takes 8-12 weeks to process an amended return.
What is a split refund?
The IRS allows your refund to be split. A split refund lets you divide your refund, in any proportion you want, and direct deposit the funds into up to three different accounts with U.S. financial institutions. Taxpayers use Form 8888, Allocation of Refund, to request to have their refund split.

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How do I know if I have to file quarterly individual estimated tax payments?
You must make estimated tax payments for the current tax year if both of the following apply:
  • You expect to owe at least $1,000 in tax for the current tax year, after subtracting your withholding and credits.
  • You expect your withholding and credits to be less than the smaller of 1) 90% of the tax to be shown on your current year’s tax return, or 2) 100% of the tax shown on your prior year’s tax return. (Your prior year tax return must cover all 12 months.)

NOTE: There are special rules for higher income taxpayers, farmers and fishermen, nonresident aliens and estates and trusts.
I retired last year, and started receiving social security payments. Do I have to pay taxes on my social security benefits?
Social security benefits include monthly retirement, survivor, and disability benefits. They do not include supplemental security income (SSI) payments, which are not taxable. The amount of social security benefits that must be included on your income tax return and used to calculate your income tax liability depends on the total amount of your income and benefits for the taxable year.

To find out whether any of your benefits may be taxable, compare the base amount for your filing status:
  • $25,000 if you are single, head of household, or qualifying widow(er),
  • $25,000 if you are married filing separately and lived apart from your spouse for the entire year,
  • $32,000 if you are married filing jointly.
  • $-0- if you are married filing separately and live with your spouse at any time during the tax year.

with the total of:
             one-half of your benefits + all of your other income, including tax-exempt interest.

If you are married and file a joint return, you and your spouse must combine your incomes and social security benefits when figuring the taxable portion of your benefits. Even if your spouse did not receive any benefits, you must add your spouse's income to yours when figuring if any of your benefits are taxable, if you file a joint return.

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My spouse and I are filing as married filing separately. We both contributed to the support of our son. Can we both claim a dependency exemption for him on our separate returns?
No. A dependency exemption for a child may only be claimed on one return in a tax year.
Are child support payments deductible by the payer or can the payer claim an exemption for the child?
Child support payments are neither deductible by the payer nor taxable income to the payee. The payer of child support may be able to claim the child as a dependent. The parent with whom the child lived for the greater part of the year is the custodial parent for income tax purposes. Generally, the child is the qualifying child of the custodial parent, and the custodial parent is allowed an exemption for the child if the other dependency tests are met. The noncustodial parent may claim an exemption for the child if the custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or a substantially similar statement, and the noncustodial parent attaches it to his or her return.

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Can a court order determine who may claim a dependency exemption for a child? Does the court order supersede the requirements under Federal tax law?
Federal tax law determines who may claim a dependency exemption. A court order cannot determine who may claim a dependency exemption for a child. A court order cannot supersede the Federal tax law.
My husband and I have provided a home for my niece and her son for the past seven months. She receives no child support from her ex-spouse, and she does not work or have any income of her own. Can I claim both her and her son as dependents?
You may be eligible to claim dependency exemptions for both your niece and her son on your return. In order to claim an exemption for someone as your dependent, the person must meet the following tests:
  • Qualifying child or qualifying relative test
  • Dependent taxpayer test
  • Citizen or resident test
  • Joint return test

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My university required each incoming freshman to come to school with their own computer. Is there any way to deduct the cost of the computer from my tax liability?
The cost of a personal computer is generally a personal expense that is not deductible. However, you may be able to claim an American Opportunity Tax Credit if you need to have a computer to enroll or attend your university.
Last year, my parents took out a student loan for me in their name and I also took out a student loan. My parents received Form 1098-E for their loan and I also received Form 1098-E for my loan. Can we both claim the interest from the loans on our tax returns? Last year, I was not their dependent.
Since you were not your parents' dependent when they took out the student loan, the interest they paid on the loan does not qualify for the student loan interest deduction. The student loan interest payments you made on the student loan you took out on your behalf are eligible for the student loan interest deduction, provided all the other requirements are met. In order for a taxpayer to claim a deduction for student loan interest, the loan must be incurred for the taxpayer, the taxpayer's spouse, or a person who was the taxpayer's dependent when the taxpayer took out the loan.

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Is the interest amount that we paid to the IRS deductible?
Interest and penalties paid to the IRS on federal taxes are not deductible.
My father is in a nursing home and I pay for the entire cost. Can I deduct the expenses on my tax return?
Nursing home expenses are allowable as medical expenses in certain instances. If you, your spouse, or your dependent is in a nursing home, and the primary reason for being there is for medical care, the entire cost, including meals and lodging, is a deductible medical expense. If the individual is in the home mainly for personal reasons, then only the cost of the actual medical care is a deductible medical expense, and the cost of the meals and lodging is not deductible.

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Is interest on a home equity line of credit deductible as a second mortgage?
You may deduct home equity debt interest as an itemized deduction, if all the following conditions apply:
  • You pay the interest in the tax year
  • The debt is secured with your home
  • The home equity debt is limited to the fair market value of the home reduced by home acquisition debt, up to a total of $100,000 ($50,000 if filing as married filing separately).
Is the mortgage interest and property tax on a second residence deductible?
The mortgage interest on a second home which you use as a residence for some portion of the taxable year is generally deductible if the interest satisfies the same requirements for deductibility as interest on a primary residence.
  • The combined limitation for mortgage interest on your primary and secondary residence is $1,000,000 for acquisition indebtedness and $100,000 for home equity indebtedness.
  • Real estate taxes paid on your primary and second residence are, generally, deductible.
  • Deductible real estate taxes include any state, local, or foreign taxes based on the value of the real property levied for the general public welfare.
  • Deductible real estate taxes do not include taxes charged for local benefits and improvements that increase the value of the property, such as assessments for sidewalks, water mains, sewer lines, parking lots, and similar improvements.

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My spouse and I are filing separate returns. How do we split our itemized deductions?
If you and your spouse file separate returns and one of you itemizes deductions, the other spouse will have a standard deduction of zero. In this situation, the other spouse should also itemize his or her deductions.
  • You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse.
  • Deductible expenses paid out of separate funds are deductible only by the spouse who pays them. For example, if otherwise deductible medical expenses are paid from an account that is owned by one of the spouses or, in a community property state, from an account that is the separate property of one of the spouses under the laws of that state, only that spouse may claim a deduction for the expenditure.
  • If expenses are paid from funds owned by both spouses such as a joint checking account or an account that is considered community property under the laws of the state in which the spouses reside, the deduction should generally be split between you and your spouse. For example, if otherwise deductible mortgage interest on a residence owned by both spouses is paid from a joint checking account, each of you would deduct half of the mortgage interest on your separate returns.
  • If, however, only one of the spouses is entitled to a deduction for the expense (for example, a payment of property taxes for property owned by just one of the spouses), only that spouse is allowed a deduction for the expenditure even if the expense is paid from joint funds. Each spouse must maintain records documenting who is considered to have paid the expense.
I received a Form 1099-MISC instead of a Form W-2. I'm not self-employed and I do not have a business. How do I report this income?
If payment for services you provided is listed in box 7 of Form 1099-MISC, you are being treated as a self-employed worker, also referred to as an independent contractor. You do not necessarily have to "have a business," but simply perform services as a non-employee to have your compensation treated this way. The payer has determined that an employer-employee relationship does not exist in your case. That determination is complex, but is essentially made by examining the right to control how, when, and where you perform those services. It is not based on how you are paid, how often you are paid, or whether you work part-time or full-time.

Unless you were an employee, you report your non-employee compensation on Schedule C, Profit or Loss from Business (Sole Proprietorship), or Schedule C-EZ, Net Profit from Business. You also need to complete Schedule SE, Self-Employment Tax, and pay self-employment tax on your net earnings from self-employment, if you had net earnings from self-employment of $400 or more. This is the manner by which self-employed persons pay into the Social Security and Medicare trust funds. Employees pay into the Social Security and Medicare trust funds, as well as income tax withholding, through deductions from their paychecks. Generally, there is no tax withholding on self-employment income. You may be subject to the requirement to make quarterly estimated tax payments. If you did not make estimated tax payments, you may be charged a penalty for underpayment of estimated tax.

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I received a Form 1099-MISC with an amount in box 7, (nonemployee compensation). What forms and schedules should be used to report income earned as an independent contractor?
Independent contractors report their income on Schedule C, Profit or Loss from Business (Sole Proprietorship), however you may qualify to use Schedule C-EZ, Net Profit from Business (Sole Proprietorship).

You should also be aware of Schedule SE, Self-Employment Tax, which must be filed if net earnings from self-employment are $400 or more. This form is used to figure your social security and Medicare tax which is based on your net self-employment income. You may need to make estimated tax payments. If estimated tax is not timely paid, you may also need to file Form 2210, Underpayment of Estimated Tax by Individuals, Estates & Trusts.
I received an academic scholarship that is designated to be used for tuition and books. Is this taxable?
The scholarship is not taxable if you satisfy all of the following conditions:
  • You are a candidate for a degree at an educational institution.
  • You use the amount for tuition and fees required for enrollment or attendance at the educational institution, or for books, supplies, and equipment required for courses of instruction at the institution and required of all students in your course of instruction.
  • The amount received does not represent payment for your services (unless required by the National Health Service Corps Scholarship Program or the Armed Forces Health Professions Scholarship and Financial Assistance Program).

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Is the money received from the sale of inherited property considered taxable income?
To determine if the sale of inherited property is taxable, you must first determine your basis in the property. The basis of property inherited from a decedent is generally one of the following: 1) the fair market value (FMV) of the property on the date of the decedent's death, or 2) the FMV of the property on the alternate valuation date if the executor of the estate chooses to use alternate valuation. If you sell the property for more than your basis, you have a taxable gain. Report the sale on Schedule D, Capital Gains and Losses, and on Form 8949, Sales and other Dispositions of Capital Assets.
Are proceeds paid under a life insurance contract taxable and do they have to be reported as income?
Generally, if you receive the proceeds under a life insurance contract as a beneficiary due to the death of the insured person, the benefits are not includable in gross income and do not have to be reported. Any interest you receive is taxable and needs to be reported just like any other interest received. If the policy was transferred to you for cash or other valuable consideration, the exclusion for the proceeds is limited to the sum of the consideration you paid, additional premiums you paid, and certain other amounts.

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My Form W-2 shows allocated tips in box 8. I tip-out 15% of all my tips to the busser and 5% to the bartender. Do I deduct the tipped-out amounts on my tax return?
No. You do not deduct tip-outs (the tips you split with other employees) on your income tax return. All cash tips you receive must be reported to your employer, unless the cash tips you received during a single calendar month total less than $20. Cash tips include tips received from customers, charged tips (for example, credit and debit card charges) distributed to you by your employer, and tips received from other employees under any tip-sharing arrangement. Both directly and indirectly tipped employees must report tips received to their employer.

You are required to report your cash tips to your employer by the 10th of the month following the month you received your tips. For example, no later then December 10 for the tips received in the month of November. It is helpful to keep a record of amounts which you tipped-out to other employees so that you do not include these amounts in the report to your employer as part of your net tips. You report to your employer only the amount of tips you retain. Remember, you must include amounts you receive from other employees who tip-out to you. You should keep a daily record of all tips you receive from customers and other employees. Recording the amount of tips you receive and the amounts which you tip-out will help you to maintain accurate records of your net tips.

You must report all tips you received (including both cash and noncash tips) on your tax return. Even if box 8 of your Form W-2 contains an amount for allocated tips, you are not required to report allocated tip income if you did not receive it. But you must be able to prove the amount of tips you actually received with adequate records. If you do not have records or have inadequate records, you must report the amount in box 8 as income on your tax return. You cannot deduct any amounts you tipped-out to other employees from the amount shown in box 8.
My spouse and I both work and are eligible for the child and dependent care credit. Can I include the expense of my 5 year-old son's private kindergarten tuition as a qualified expense on Form 2441, Child and Dependent Care Expenses?
The expense of tuition for kindergarten does not qualify for the child and dependent care credit because kindergarten is primarily educational in nature. However, the expense of an a before- or after-school care program may qualify, even though the expense of school tuition does not qualify.

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My babysitter refused to provide me with her social security number. Can I still claim the amount I paid her for childcare while I worked? If so, how do I claim these childcare expenses on my tax return?
Yes, if you meet the other requirements to claim the child and dependent care credit, but are missing the social security number or other taxpayer identifying number of a provider, you can still claim the credit by demonstrating "due diligence" in attempting to secure this information. The taxpayer must provide whatever information is available about the provider (such as name and address) on Form 2441, Child and Dependent Care Expenses. The taxpayer should write "See Attached Statement" in the columns requesting the missing information. The attached statement should explain that the taxpayer requested the provider’s identifying number, but the provider did not give it to the taxpayer. This statement will support a claim of the use of due diligence in trying to secure the identifying information.
What expenses qualify for an education credit?
Expenses that qualify for an education credit are qualified tuition and related expenses paid by the taxpayer during the taxable year. Qualified tuition and related expenses are tuition and fees required for the enrollment or attendance of the taxpayer, the taxpayer's spouse or the taxpayer's dependent at an eligible educational institution for courses of instruction. An eligible educational institution means a college, university, vocational school or other postsecondary educational institution that is accredited and eligible to participate in the student aid programs administered by the Department of Education.

Qualified tuition and related expenses do not include the following types of expenses:
  • Expenses related to any course of instruction or education involving sports, games or hobbies, or to any noncredit course (unless the course is part of the student's degree program or, in the case of the Lifetime Learning Credit, the student takes the course to improve job skills),
  • Student activity fees (unless required for enrollment or attendance),
  • Athletic fees (unless required for enrollment or attendance),
  • Costs of room and board,
  • Insurance premiums or medical expenses (including student health fees),
  • Transportation expenses, and
  • Other personal, living or family expenses.

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If I pay college tuition and fees with a tax-free scholarship, can I claim an education credit on Form 8863 for those payments?
No, you cannot claim a credit for higher education expenses to the extent that they are paid for by a tax-free scholarship.
If the noncustodial parent receives permission from the custodial parent to claim a child on his or her tax return, is the noncustodial parent eligible for the earned income credit?
No. The noncustodial parent cannot claim the earned income credit on the basis of that child because the child did not live with that parent for the greater part of the year and therefore does not meet the residency test. The custodial parent may be able to claim the earned income credit if all the other requirements are met. Note: For income tax purposes, the custodial parent is the person with whom the qualifying child in question lives with the greater number of nights during the year.

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If both parents want to claim the earned income credit, but were never married, who is entitled to claim the credit?
If they otherwise meet all of the requirements to claim the earned income tax credit (EITC), unmarried parents with a qualifying child may choose which one will claim the credit.
How do you report the sale of a second residence?
Your second home (such as a vacation home) is considered a personal capital asset. Use Schedule D, Capital Gains and Losses, and Form 8949, Sales and Other Dispositions of Capital Assets, to report sales, exchanges, and other dispositions of capital assets.

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How do I figure the cost basis when the shares I'm selling were purchased at various times and at different prices?
The basis of stocks or bonds you own generally is the purchase price plus the costs of purchase, such as commissions and recording or transfer fees. If you acquired these securities other than by purchase, your basis is usually determined by fair market value or the previous owner’s adjusted basis. When selling securities, you should be able to identify the specific shares to be sold.

If you cannot adequately identify the shares you sold and you bought the shares at various times for different prices, the basis of the stock sold is: The basis of the shares you acquired first (first-in first-out). Except for certain mutual fund shares, you cannot use the average price per share to figure gain or loss on the sale of stock.

You are required to keep and maintain records that identify basis of all capital assets. If you do not have adequate records to document the basis, the IRS requires you to treat your basis as zero.
Is the loss on the sale of your home deductible?
Losses on the sale or exchange of personal use property, including a loss on the sale of your home used by you as your personal residence at the time of sale, is not deductible. Only losses associated with property used in a trade or business and investment property (stocks) are deductible.

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I own stock that became worthless last year. Is this a bad debt? How do I report my loss?
If you own securities, including stocks, and they become totally worthless, you have a capital loss but not a deduction for bad debt. A stock or other security is treated as becoming totally worthless when it has no value and you must abandon it. To abandon a security, you must permanently surrender and relinquish all rights in the security and receive no consideration in exchange for it. Treat worthless securities as though they were capital assets sold or exchanged on the last day of the tax year. Report worthless securities on Form 8949, Part I, line 1, or Part II, line 3, whichever applies. Indicate this as a worthless security deduction by writing "Worthless" in the applicable column of Form 8949.
How do I figure the cost basis of stock that has split, giving me more of the same stock, so I can figure my capital gain (or loss) on the sale of the stock?
A stock split occurs when a company creates additional shares, thus reducing the price per share. If you own stock that has split and now own additional shares, you must adjust your basis per share or per the lots of the stock you own.

If the old shares of stock and the new shares are uniform and identical: The basis of the old shares must be allocated to the old and new shares. The per share basis is determined by dividing the adjusted basis of the old stock by the number of shares of old and new stock.

If the old shares were purchased in separate lots for differing amounts of money (a different basis per lot): The adjusted basis of the old stock must be allocated between the old and new stock on a lot by lot basis.

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How are reinvested dividends reported on my tax return?
Dividends that are reinvested on your behalf purchase additional shares or fractions of shares for you. If the reinvested dividends buy shares at a price equal to their fair market value, you must report the dividends as income along with any other ordinary dividends.
How do I compute the basis for stock I sold, when I received the stock over several years through a dividend reinvestment plan?
An investor must include in income the amount received as a dividend. The dividend reinvestment plan then uses the amount received as a dividend to purchase additional shares or fractional shares of the same stock, usually at the fair market value of the stock on the day reinvested. The basis of stock that you received through a dividend reinvestment plan:
  • Is the cost of the shares plus any adjustments, such as sales commissions.
  • If you have not kept detailed records of your dividend reinvestments, you must reconstruct those records with the help of public records from sources such as the media, your broker, or the company that issued the dividends.
  • The basis must be determined by using the first-in first-out rule if you cannot specifically identify which shares were sold.

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I purchased stock from my employer under a § 423 employee stock purchase plan. Now I have received a Form 1099-B from selling it. How do I report this?
Under a § 423 employee stock option plan, you have taxable income or a deductible loss when you sell the stock. Your income or loss is the difference between the amount you paid for the stock (the option price) and the amount you receive when you sell it. You generally treat this amount as capital gains or losses; however, you may also have ordinary income to report.
What forms do we file to report a loss on the sale of a rental property?
Rental property is income producing property, and as such, considered business property. The loss on the sale of rental property is reported on Form 4797, Sales of Business Property. The ordinary loss is then normally transferred to line 14 of Form 1040.

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I purchased a rental property last year. What closing costs can I deduct?
The only deductible closing costs are those for interest, certain mortgage points, and deductible real estate taxes. Other settlement fees and closing costs for buying the property become additions to your basis in the property and part of your depreciation deduction, including:
  • Abstract fees
  • Charges for installing utility services
  • Legal fees
  • Recording fees
  • Surveys
  • Transfer taxes
  • Title insurance
  • Any amounts the seller owes that you agree to pay (such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions).
I am renting a house to my son and daughter-in-law. Can I claim rental expenses?
In general, if you receive income from the rental of a dwelling unit, such as a house, apartment, or duplex, there are certain expenses you may deduct. Besides knowing which expenses may be deductible, it is important to understand potential limitations on the amounts of rental expenses that may be deducted in a tax year. There are several types of limitations that may apply.

If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Any rental expenses in excess of rental income cannot be carried forward to the next year.

The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes depends on whether you use it as a residence, which depends on how many days such unit is used for personal purposes. Renting to a relative may be considered personal use even if they are paying you rent, unless the family member uses the dwelling unit as his or her main home and pays rent equivalent to the fair rental value.

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We have incurred substantial repairs to our residential rental property: new roof, gutters, windows, furnace, and outside paint. What are the IRS rules concerning depreciation?
Replacements of roof, rain gutters, windows and furnace on a residential rental property:
  • Are capital improvements to the property because they are for betterments and/or restorations to the property.
  • Would be in the same class of property as the residential rental property to which they are attached.
  • Are generally depreciated over a recovery period of 27.5 years using the straight line method of depreciation and a mid-month convention since the property is residential rental property.

Repairs, such as repainting the residential rental property are generally currently deductible expenses because they do not improve the property, but keep your property in an ordinarily efficient operating condition.

Note: Repainting your property, fixing gutters or floors, fixing leaks, plastering, and replacing broken windows are examples of repairs. If you make repairs as part of an extensive remodeling or restoration of your property and these repairs directly benefit or are incurred due to this restoration of your property, then the whole job is a capital improvement. In that case, you should capitalize and depreciate the repair costs as the same class of property that you have restored or remodeled as discussed above.
How do I deduct the administration expenses of my father's estate?
In general, administration expenses deductible in figuring the estate tax include:
  • fees paid to the fiduciary for administering the estate;
  • attorney, accountant, and return preparer fees;
  • expenses incurred for the management, conservation, or maintenance of property;
  • expenses in connection with the determination, collection, or refund of the estate's tax liability.

The expenses incurred by an estate for its administration can either be deducted as an expense against the estate and generation-skipping transfer (GST) tax or the annual income tax against the estate. You may deduct the expense from the gross estate in figuring the federal estate tax on Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, or You may deduct the expense from the estate's gross income in figuring the estate's income tax on Form 1041, U.S. Income Tax Return for Estates and Trusts. However, these expenses cannot be claimed for both estate tax and income tax purposes. In most cases this rule also applies to expenses incurred in the sales of property by the estate.

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I am over age 70½. How do I determine the amount I must withdraw each year from my IRA & 401(k) accounts to avoid penalty?
Generally, a required minimum distribution (RMD) is calculated for each account by dividing the prior December 31 balance of that IRA or retirement plan account by a life expectancy factor that IRS publishes in Tables in Publication 590, Individual Retirement Arrangements (IRAs). There are three separate tables:
  • The Uniform Lifetime Table (Table III) is used by an unmarried owner, a owner whose spouse is not the sole beneficiary, and an owner whose spouse is not more than 10 years younger;
  • The Joint and Last Survivor Table (Table II) is used by a married owner whose spouse is both more than 10 years younger and the sole beneficiary of the account; and
  • The Single Life Expectancy Table (Table I) is used by a beneficiary of an account.
Most of my income is from farming. Are there any special provisions related to estimated tax payments for farmers?
If you are a calendar year taxpayer and at least two-thirds of your gross income for 2016 is from farming or fishing, you have only one payment due date for your 2016 estimated tax, January 15, 2017. The due dates for the first three payment periods do not apply to you.

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What are Required Minimum Distributions?
Required Minimum Distributions (RMDs) generally are minimum amounts that a retirement plan account owner must withdraw annually starting with the year that he or she reaches 70 ½ years of age or, if later, the year in which he or she retires. However, if the retirement plan account is an IRA or the account owner is a 5% owner of the business sponsoring the retirement plan, the RMDs must begin once the account holder is age 70 ½, regardless of whether he or she is retired.

Retirement plan participants and IRA owners are responsible for taking the correct amount of RMDs on time every year from their accounts, and they face stiff penalties for failure to take RMDs.

When a retirement plan account owner or IRA owner dies before RMDs have begun, different RMD rules apply to the beneficiary of the account or IRA. Generally, the entire amount of the owner’s benefit must be distributed to the beneficiary who is an individual either (1) within 5 years of the owner’s death, or (2) over the life of the beneficiary starting no later than one year following the owner’s death.
What types of retirement plans require minimum distributions?
The RMD rules apply to all employer sponsored retirement plans, including profit-sharing plans, 401(k) plans, 403(b) plans, and 457(b) plans. The RMD rules also apply to traditional IRAs and IRA-based plans such as SEPs, SARSEPs, and SIMPLE IRAs. The RMD rules also apply to Roth 401(k) accounts. However, the RMD rules do not apply to Roth IRAs while the owner is alive.

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When must I receive my required minimum distribution from my IRA?
You must take your first required minimum distribution for the year in which you turn age 70½. However, the first payment can be delayed until April 1 of the year following the year in which you turn 70½. For all subsequent years, including the year in which you were paid the first RMD by April 1, you must take the RMD by December 31 of the year.
Can an account owner just take a RMD from one account instead of separately from each account?
An IRA owner must calculate the RMD separately for each IRA that he or she owns, but can withdraw the total amount from one or more of the IRAs. Similarly, a 403(b) contract owner must calculate the RMD separately for each 403(b) contract that he or she owns, but can take the total amount from one or more of the 403(b) contracts. However, RMDs required from other types of retirement plans, such as 401(k) and 457(b) plans have to be taken separately from each of those plan accounts.

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What happens if a person does not take a RMD by the required deadline?
If an account owner fails to withdraw a RMD, fails to withdraw the full amount of the RMD, or fails to withdraw the RMD by the applicable deadline, the amount not withdrawn is taxed at 50%.
Can the penalty for not taking the full RMD be waived?
Yes, the penalty may be waived if the account owner establishes that the shortfall in distributions was due to reasonable error and that reasonable steps are being taken to remedy the shortfall.

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How are RMDs taxed?
The account owner is taxed at his or her income tax rate on the amount of the withdrawn RMD. However, to the extent the RMD is a return of basis or is a qualified distribution from a Roth IRA , it is tax free. A distribution in excess of the RMD for one year cannot be applied to the RMD for a future year. RMD amounts cannot be rolled over into another tax-deferred account.
What is a Rollover of Retirement Plan Distributions?
A rollover is a contribution to a retirement plan or IRA of a distribution that you received from another retirement plan or IRA. The portion of a distribution from a traditional IRA or pre-tax retirement plan account that is not rolled over is generally taxable in the year of the distribution.

If the distribution from the qualified plan or IRA is paid to you, you have 60 days from the date of receipt to roll it over to another qualified plan or IRA. The IRS may waive the 60-day rollover requirement in certain situations..

One-year waiting period for IRA rollovers: If you make a tax-free rollover of a distribution from an IRA, you generally cannot make another rollover from the same IRA within a one-year period. You also cannot make a rollover from the IRA to which the distribution was rolled over.

IRA distributions paid to you are subject to 10% withholding unless you elect out of withholding or choose to have a different amount withheld. Withholding does not apply if the distribution is paid directly to another IRA trustee.

A retirement plan distribution paid to you is subject to mandatory withholding of 20%, even if you intend to roll it over later. Withholding does not apply if you roll over the amount directly to another retirement account. A distribution sent to you in the form of a check payable to the receiving plan or IRA is not subject to withholding.

If you have not elected a direct rollover, in the case of a distribution from a qualified plan, or you have not elected out of withholding, in the case of a distribution from an IRA, your plan administrator or IRA trustee will withhold taxes from your distribution. If you later roll the distribution over within 60 days, you can make up the withheld amount from other sources.

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Do I need to file a tax return?
Whether you must file a return depends on your gross income, filing status, and age.

Gross Income

Gross income includes all income that you receive in the form of money, goods, property, and services. It does not include any income that is tax-exempt.

Filing Status

Your filing status is determined on the last day of the tax year, which is December 31 for calendar year taxpayers. Your filing status will be determined by whether you are single or married, and what your family situation is.

Age

If you are age 65 or older on the last day of the tax year, you are allowed a higher amount of gross income before you are required to file a return. The table below lists the income limit amounts for the 2016 tax year.

If your filing status is …and at the end of the year you were …*you must file if your gross income is at least …**
Single under 65
65 or older
$10,350
$11,900
Married Filing Jointly*** under 65 (both spouses)
65 or older (one spouse)
65 or older (both spouses)
$20,700
$21,950
$23,200
Married Filing Separately any age $4,050
Head of Household under 65
65 or older
$13,350
$14,900
Qualifying Widow(er) with Dependent Child under 65
65 or older
$16,650
$17,900
* If you turned 65 before January 2, 2017, you are considered to be age 65 at the end of 2016.
** Gross income means all income you receive in the form of money, goods, property, and services that is not exempt from tax, including any income from sources outside the United States or from the sale of your main home (even if you can exclude part or all of it). Do not include any social security benefits unless (a) you are married filing a separate return and you lived with your spouse at any time during 2016 or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than $25,000 ($32,000 if married filing jointly).
*** If you did not live with your spouse at the end of 2016 (or on the date your spouse died) and your gross income was at least $4,050, you must file a return regardless of your age.

Even if you are not required to file a tax return, you should if you are eligible to receive a tax refund. You should file if any of the following are true:
  • You had income tax withheld from your pay.
  • You made estimated tax payments or had a prior year overpayment applied to this year's tax.
  • You qualify for the American Opportunity Credit.
  • You are repaying the First-time Homebuyer credit.
  • You qualify for a refundable credit for paying alternative minimum tax in a prior year.
  • You qualify for the Earned Income Credit.
  • You qualify for the Adoption Credit.
  • You qualify for the Additional Child Tax Credit.
  • You qualify for the Health Coverage Tax Credit.
  • You qualify for a credit for federal fuel tax.
What is my correct filing status?
Your marital status on the last day of the tax year determines your status for the entire year. If you were separated or divorced under a divorce or separate maintenance decree on the last day of the year, you are considered unmarried for the entire year. State law governs whether you are considered married, legally separated or divorced under decree.

You are considered married if any of the following are true:
  • You are married and living together as husband and wife.
  • You are living together in a common-law marriage, recognized in Texas or in the state where the common law marriage began.
  • You are married and living apart but not legally separated by a divorce or separate maintenance decree.
  • You are separated under a temporary decree of divorce.
  • The IRS also recognizes same-sex marriages, provided the marriage took place in a location where it was recognized as a legal marriage. Once recognized as legally married, the taxpayers may file as married, even if the location they now live in does not recognize the marriage as legal.

If your spouse died during the year, you are considered married for the entire year. If you remarried before the end of the year, you can file jointly with your new spouse and file a married filing separately return for your deceased spouse.

There are five filing statuses:
Single
- You can only file as single if you are unmarried or considered unmarried for the entire year. If you claim dependents as an exemption, you may be able to file as head of household, which usually results in a lower tax liability than filing as single.
Married Filing Jointly
- If you are married or are considered married, and you and your spouse agree, you can file a joint return. Filing jointly usually results in a lower tax than filing separately.
Married Filing Separately
- If you are married or are considered married and you and your spouse do not agree to file jointly, you can file married filing separately. If you file a separate return you generally only report your own income, credits, exemptions and deductions. Filing separate returns usually results in a higher combined tax.
Head of Household
- Filing as head of household usually results in a lower tax liability than filing singly or married filing separately. You can file as head of household if you are single or unmarried, paid more than half the cost of keeping up a home, and had a qualifying child or qualifying relative that lived with you in the home for more than half the year. But if the qualifying relative is your parent, he or she does not have to live with you. You must be able to claim an exemption for the parent, and you must pay more than half of the cost of the parent's household expenses.

If you are married you can file as head of household if you can be considered unmarried. ALL of the following must be true:
  • You and your spouse file separately.
  • You pay more than 50% of the expenses of maintaining the household.
  • Your spouse did not live in the home for the last 6 months of the year - not even an occasional overnight stay for the child.
  • The household is the principal home of a qualifying person or child.
  • You can claim an exemption for a qualifying person or child.
Qualifying Widow(er)
- If your spouse died during the year, you generally can file married filing jointly. For two years after the death of your spouse you can file as qualifying widow(er) if all of the following are true:
  • You did not remarry.
  • You qualified to file married filing jointly with your spouse in the year your spouse died.
  • You pay more than 50% of the expenses of maintaining the household.
  • The household is the principal home of a qualifying child.
  • You can claim an exemption for a qualifying child.

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