Tax

Lending money to a cash-strapped friend or family member is a noble and generous offer that just might make a difference. But before you hand over the cash, you need to plan ahead to avoid tax complications for yourself down the road.

Take a look at this example: Let’s say you decide to loan $5,000 to your daughter who’s been out of work for over a year and is having difficulty keeping up with the mortgage payments on her condo. While you may be tempted to charge an interest rate of zero percent, you should resist the temptation.

Here’s why:

When you make an interest-free loan to someone, you will be subject to “below-market interest rules.” IRS rules state that you need to calculate imaginary interest payments from the borrower. These imaginary interest payments are then payable to you, and you will need to pay taxes on these interest payments when you file a tax return. To complicate matters further, if the imaginary interest payments exceed $14,000 for the year, there may be adverse gift and estate tax consequences.

Exception: The IRS lets you ignore the rules for small loans ($10,000 or less), as long as the aggregate loan amounts to a single borrower are less than $10,000, and the borrower doesn’t use the loan proceeds to buy or carry income-producing assets.
As was mentioned above, if you don’t charge any interest, or charge interest that is below market rate (more on this below), then the IRS might consider your loan a gift, especially if there is no formal documentation (i.e. written agreement with payment schedule), and you go to make a nonbusiness bad debt deduction if the borrower defaults on the loan–or the IRS decides to audit you and decides your loan is really a gift.

Formal documentation generally refers to a written promissory note that includes the interest rate, a repayment schedule showing dates and amounts for all principal and interest, and security or collateral for the loan, such as a residence (see below). Make sure that all parties sign the note so that it’s legally binding.

As long as you charge an interest rate that is at least equal to the applicable federal rate (AFR) approved by the Internal Revenue Service, you can avoid tax complications and unfavorable tax consequences.

AFRs for term loans that is, loans with a defined repayment schedule, are updated monthly by the IRS and published in the IRS Bulletin. AFRs are based on the bond market, which changes frequently. For term loans, use the AFR published in the same month that you make the loan. The AFR is a fixed rate for the duration of the loan.

Any interest income that you make from the term loan is included on your Form 1040. In general, the borrower, who in this example is your daughter, cannot deduct interest paid, but there is one exception: if the loan is secured by her home, then the interest can be deducted as qualified residence interest–as long as the promissory note for the loan was secured by the residence.

If you have any questions about the tax implications of loaning a friend or family member money, don’t hesitate to call.

• By Leon Clinton
• October 13, 2016

Got kids? They may have an impact on your tax situation. Here are eight tax credits and deductions that can help lower your tax burden.

Dependents: In most cases, a child can be claimed as a dependent in the year they were born. Be sure to let the office know if your family size has increased this year. You may be able to claim the child as a dependent this year.

Child Tax Credit: You may be able to take this credit on your tax return for each of your children under age 17. If you do not benefit from the full amount of the Child Tax Credit, you may be eligible for the Additional Child Tax Credit. The Additional Child Tax Credit is a refundable credit and may give you a refund even if you do not owe any tax.

Child and Dependent Care Credit: You may be able to claim this credit if you pay someone to care for your child under age 13 while you work or look for work. Be sure to keep track of your child care expenses so we can claim this credit accurately.

Earned Income Tax Credit: The EITC is a benefit for certain people who work and have earned income from wages, self-employment, or farming. EITC reduces the amount of tax you owe and may also give you a refund.

Adoption Credit: You may be able to take a tax credit for qualifying expenses paid to adopt a child.

Coverdell Education Savings Account: This savings account is used to pay qualified expenses at an eligible educational institution. Contributions are not deductible; however, qualified distributions generally are tax-free.

Higher Education Credits: Education tax credits can help offset the costs of education. The American Opportunity and the Lifetime Learning Credit are education credits that reduce your federal income tax dollar for dollar, unlike a deduction, which reduces your taxable income.

Student Loan Interest: You may be able to deduct interest you pay on a qualified student loan. The deduction is claimed as an adjustment to income, so you do not need to itemize your deductions.

As you can see, having children can make a big impact on your tax profile. Make sure that you’re getting the appropriate credits and deductions by speaking to a tax professional today.

• By Leon Clinton
• October 10, 2016

Numerous reports of scammers sending fraudulent CP2000 Notices for tax-year 2015 have been received by the IRS, resulting in an investigation by the Treasury Inspector General for Tax Administration. The notice relates to the Affordable Care Act (ACA) and requests information regarding 2014 coverage and includes a request for payment of unpaid taxes. Here’s what taxpayers like you need to know:

What is a CP2000 Notice?
A CP2000 Notice is generated by the IRS Automated Underreporter Program when income reported from third-party sources (such as an employer) does not match the income reported on the tax return. It provides extensive instructions to taxpayers about what to do if they agree or disagree that additional tax is owed.

Commonly mailed to taxpayers through the United States Postal Service, a CP2000 Notice is never sent as part of an email to taxpayers.

What to watch out for:
Taxpayers and tax professionals should be on guard against fake emails purporting to contain an IRS tax bill related to the Affordable Care Act. Generally, the scam involves an email that includes the fake CP2000 notice as an attachment.

Indicators that the CP2000 Notice you received is a scam include the following:

Notices are sent electronically, even though the IRS does not initiate contact with taxpayers by email or through social media platforms;
The CP2000 notices appear to be issued from an Austin, Texas, address;
The underreported issue is related to the Affordable Care Act (ACA) requesting information regarding 2014 coverage;
The payment voucher lists the letter number as 105C.
The fraudulent CP2000 Notice includes a payment request that taxpayers mail a check made out to “I.R.S.” and sent to the “Austin Processing Center” at a Post Office Box address. This is in addition to a “payment” link within the email itself. In addition, if taxpayers are unable to pay, it provides instructions for payment options such as installment payments.

Unlike the fake version a real CP2000 Notice provides extensive instructions to taxpayers about what to do if they agree or disagree that additional tax is owed. A real notice also requests that checks be made out to “United States Treasury.”

To determine if a CP2000 Notice that you received in the mail is real, go to the IRS website and use the search term, “Understanding Your CP2000 Notice.” You will see an image of a real notice.

IRS Impersonation Scams
IRS impersonation scams take many forms: threatening telephone calls, phishing emails, and demanding letters. Anyone who receives this scam email should forward it to phishing@irs.gov and then immediately delete it from their email account.

Taxpayers should always beware of any unsolicited email purported to be from the IRS or any unknown source. They should never open an attachment or click on a link within an email sent by sources they do not know.

What you should do:
Individuals with questions about a notice or letter they receive from the IRS can generally do a keyword search for “Understanding Your IRS Notice or Letter” on the IRS.gov website and view explanations and images of common correspondence.

Don’t hesitate to contact the office if you have any questions about any IRS notices or letters you have received in the mail or otherwise.

• By Leon Clinton
• October 5, 2016