Certain debt forgiveness can come with financial repercussions, especially when it comes to taxes. This cancelled debt includes debt that was significantly reduced through debt settlement negotiations or debt that was completely cancelled or forgiven by the creditor, including credit card debt.
Tag: taxes
Will You Owe Taxes on Your Student Loan Debt Forgiven by Biden?
President Joe Biden recently announced a widespread student debt relief program that will cancel up to $20,000 in federal student loans for single borrowers who earn less than $125,000 annually and married borrowers who file taxes jointly and earn less than $250,000 annually.
Now that the program has been announced, borrowers have questions about what the legal and tax implications will be of this loan forgiveness. One specific question that has been asked is whether the amount forgiven is considered taxable income?
How to Avoid a Big Tax Hit on Coronavirus Unemployment Benefits
Man fills in Unemployment benefits application form.
A record 33 million American workers are currently collecting unemployment benefits amid the coronavirus (COVID-19) pandemic. And with these benefits come the inevitable tax repercussions. Here are some ways to lessen the impact.
Unemployment benefits received through the state, as well as the $600 coming from the CARES Act, provided by the federal government through July 31, are all considered taxable income. While Social Security and Medicare costs do not come out of unemployment benefits immediately like they do with normal paychecks, the recipient will be taxed by both the state and federal government. This can result in the person winding up paying in the long run when it comes to tax season if he or she has not paid enough tax throughout the year. However, this little “surprise” can be avoided by taking a few extra steps when receiving unemployment benefits.
What Happens to Tax Debt in Bankruptcy?
If you are considering filing for bankruptcy, you may be wondering if your tax debts can be discharged in bankruptcy court. Although the automatic stay will delay the IRS from contacting you about your debts, there are some taxes that cannot be eliminated in bankruptcy court. Here are three basic rules that will tell you if your tax debts are eligible for discharge.
- The Three Year Rule. Your tax debts must be three years old from the date they were due, not from the date that you filed. Tax returns are due on April 15th each year. This means that your 2010 taxes are not eligible for discharge until April 15th of 2014. This is because your 2010 taxes were technically due in April 2011. Calculate three years from the time the taxes were due.
- Your Tax Returns Must Have Been Filed for Two Years Before Bankruptcy. Taxes must be filed for two years prior to the bankruptcy filing to prevent delinquent taxpayers from filing late returns one day and bankruptcy the next.
- The Taxes Must Have Been Assessed More Than 240 Days Ago. The IRS must formally determine that you owe the taxes you are trying to eliminate in bankruptcy more than 240 days before you file the paperwork with the court. Note that an offer in compromise will delay the 240-day rule while it is pending plus an additional 30 days.
If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.
Related Resources:
http://www.natlbankruptcy.com/bankruptcy-and-tax-debt-what-happens-to-tax-debt-in-bankruptcy/
http://www.thebankruptcysite.org/resources/bankruptcy/stop-irs-collecting-tax-debts.htm#
When Can I File my 2013 Taxes?
Due to the government shutdown, the filing date has been pushed back to file your 2013 tax returns. The IRS has announced plans to open the 2014 filing season on January 31, 2014, as opposed to the January 21st date. The government shutdown and the extensive set of ATRA tax changes affected many 2012 tax returns, which led to the late January opening.
The IRS noted several options available to help taxpayers prepare and receive their refunds as quickly as possible.
• Many software companies are expected to begin accepting tax returns in January and hold those returns until the IRS systems open on January 31.
• Taxpayers are encouraged to file their tax returns using e-file or Free File with the direct deposit option to receive their refunds the fastest.
• The April 15 tax deadline is set by statute and will remain in place. To receive an automatic six month extension, you will need to file Form 4868, electronically or through the mail.
7 IMPORTANT Items to Check before Filing your Taxes
Even if you have hired a “tax pro” to file your tax return this year, it is important that you double or even triple-check your tax return before sending it in. If there are errors on your tax return, you will be held responsible by the IRS. When you sign your tax return, there are words over your signature stating that by signing, you declare to have examined the return and that all facts on the return are true. Therefore, you are responsible for what is on those pages, even if your tax preparer has committed fraud on your behalf; you will be the one to pay for it.
Below are 7 items to mark off your checklist before filing your tax return:
1. Names: Be sure that all names listed on your tax return match those on the Social Security cards. The IRS cross-references all names on tax returns. In some cases, the name on your social security card might actually be wrong or misspelled. If this has happened to you, you still need to match the name you file with to the one on your Social Security card.
2. ID Numbers: Verify any persons’ Social Security number with those on their Social Security cards. It is best not to rely on your memory when filing your tax return, particularly when filling out your spouse or child’s number. You also need to verify taxpayer ID numbers used on any business schedules.
3. Form 1040: If you are filing a 1040, make sure you look over the bottom area of page one. There may be numbers you do not understand or contributions that you know you did not make. Make sure that there is no amount listed under the alimony section unless you make alimony payments.
4. Deductions: If you are over the age of 65 or blind, make sure you have checked those boxes on your tax return. These steps will increase your standard deductions. Also, double-check your medical or business expenses. Some fraudsters use the national averages the IRS publishes each year to make up false amounts on your behalf.
5. Credits: Refundable tax credits are common areas of tax abuse and fraud. This can be done using Child Tax Credits, Earned Income Credits or Education credits. These are credits for which the IRS refunds you, although you have not actually paid any taxes. Some tax preparers make up false information to get refunds, even if you do not have children.
6. Withholding: Make sure this section of your tax return shows the correct amount. A common mistake for tax preparers is to enter the Social Security withheld into this field.
7. Refunds: If you make a mistake on your routing number or account number for a direct deposit, you are out of luck. If someone else gets your refund due to your mistake, the IRS can do nothing to help you. Experts say you should triple check this information before filing.
Click here to read more on the 7 items to mark off your checklist before filing your tax return.
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.
Five Great Deals Not to Pass Up in April
Many Americans are frugal with their spending during the month of April if they have recently paid a lot in taxes. However, if you budget properly, you can find some of the best deals during the month of April.
1. Wedding Registry Items: Summer is wedding season for many. If you have any weddings to attend this summer, April is a great month to begin shopping for wedding gifts. Appliances, cookware and linens go on sale in early spring. According to TheKnot.com, the top three stores where couples register are at Bed Bath & Beyond, Target and Macy’s. You can start by collecting coupons for these retailers and sign up for their email lists to find additional savings.
2. Cruises: Spring is a great time to start making travel plans for the following year. If you are planning a cruise, particularly during a peak season, you will find the best cruise deals during the month of April. CruiseCritic.com states you will find the best deals for European cruises. Cruise prices have also dropped for Australia, Hawaii and Mexico.
3. Roof: Summer is the best time for any roof repairs your home may need due to milder temperatures. If you are considering installing a cool roof, which reflects the sun and keeps the roof temperature down, it can help cut your air conditioning and energy bill costs. You can get great deals on cool roofs during the month of April.
4. Office Furniture: Office furniture tends to go on sale just after tax season. Another way to get great deals on office furniture is check for county auctions. Sometimes county schools and government agencies will begin Spring-cleaning and sell off their surplus office goods.
5. Tax Day Freebies: On April 15, many retailers offer discounts and special promotions to celebrate the end of tax season. For instance, Cinnabon offers two free Cinnabon Bites at certain locations. Arby’s will also be offering certain free foods.
Click here to read more on some of the great deals you can find during the month of April.
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.
When Should I File my Tax Return if I plan to File Bankruptcy and Anticipate a Tax Refund?
Oftentimes, bankruptcy filers worry that if they file their taxes before their bankruptcy petition, they will be forced to forfeit their tax refund to the bankruptcy court or creditors. According to bankruptcy laws, debtors must be current on all tax filing obligations to federal and state taxing authorities in order to file for bankruptcy. This rule applies to income taxes, personal property taxes, real property taxes and all other forms of taxes. The best course of action for potential bankruptcy filers is to file their taxes as far in advance of the bankruptcy filing as possible. As long as you obtain your tax refund and spend it on household expenses, car or home repairs, medical expenses, etc. prior to filing for bankruptcy, the court cannot require you to forfeit the refund. This is true regardless of the amount you receive in your refund.
In the event that your refund is due after bankruptcy has been filed, your refund is subject to state or federal exemption limits. If the debtor elects to use federal exemption amounts or the state’s exemption schedules, the refund may be retained by the debtor and is outside the grasp of the bankruptcy court and creditors. It might also be within partial or total reach of creditors if exemptions are exhausted by the debtor’s other claimed property. The most common occurrence is one where the debtor would retain part of the refund and part of it would go to the creditors because the exemption amount is exceeded by the size of the refund. Again, the best thing to do is file your tax return as quickly as possible to avoid losing any of it. A debtor can also apply part or all of the refund to next year’s tax liability to avoid losing it to creditors.
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.
Is the Mortgage Tax Break in Danger?
Congress has been struggling for some time to trim the federal budget deficit. There is some speculation that Congress might consider eliminating the taxpayer mortgage interest deduction. It was released that this would save the government an estimated $134 billion. The current tax code allows homeowners to deduct up to $1 million of mortgage interest paid and up to $100,000 in home equity debt. However, a deciding factor for Congress might be the fact that only 23 percent of taxpayers used the tax break in 2010. This is due to the fact that the taxpayer’s deductions – mortgage interest, charitable giving and other expenses – must be worth more than the standard deduction. The deduction is mostly used in areas where housing costs are high.
If Congress pushes to eliminate the tax break, it will be a controversial decision. Although many taxpayers do not use the mortgage tax break, it is wildly popular. Recently, a Los Angeles Times columnist was criticized by angry readers after discrediting the tax break in an article. Nevertheless, the budget deficit is substantial enough that Congress is still discussing the elimination of it. More recent evidence shows that the estimated $134 billion that would supposedly be saved by eliminating the tax break is incorrect. The Joint Committee on Taxation released a revised version that indicates only $69.7 billion would be saved. Many analysts believe that rather than eliminating the break altogether, Congress might look to making “trims” to it instead.
To read more on this story visit: http://money.msn.com/home-loans/article.aspx?post=df063943-6501-4fcb-8fe0-81fda0dfe450
Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Foreclosure defense attorney, Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.
12 Tax Breaks You Have Never Heard Of
Many Americans pay more in taxes than they are required, simply because they are unaware of the approximately 200 tax breaks in the system. The Government Accountability Office estimated that as many as two million taxpayers overpay by not itemizing their deductions. Many breaks target tiny constituencies and specific companies.
Here are 12 little known deductions and credits that you may not know about:
1. Charity Donations from your IRA: The early January fiscal cliff deal resuscitated an expired provision that allows people ages 70 ½ and older to donate up to $100,000 from their IRA to a qualified charity without paying taxes on the transfer.
2. Your Child’s Tuition or Medical Care: Parents or grandparents can pass along up to $5.12 million to their children or grandchildren over the course of their lifetime, (or $14,000) per year without incurring an inheritance tax. If parents want to give even more than that, they can get around those limits by paying for their children’s education or medical expenses.
3. Fostering a Pet: Foster pet owners can deduct expenses such as food, litter, vet bills, paper towels, etc. while waiting for the foster pet to be placed in a permanent home. Foster pet owners can even deduct mileage to the vet, in some cases.
4. Alternative Medical Treatments: The IRS allows alternative medicine including acupuncture, vitamins, herbal supplements and Christian Science to be deducted as medical care. Deductions extend to alternative forms of treatment as long as a medical practitioner prescribes them.
5. Private Mortgage Insurance: Another provision revived by the Fiscal Cliff deal allows taxpayers to deduct their premiums for private mortgage insurance. Many homeowners are unaware of this deduction, which can run from $50 to $220 a month on a loan of $250,000.
6. Moving Away for your First Job: One deduction that helps recent graduates is the one that allows you to deduct moving costs for your first full-time job. If you move at least 50 miles away from your old home, with at least 39 weeks of full-time work during your first year at a new employer, you qualify for this deduction.
7. Driving for Charity: If you do any driving related to charity work, it is deductible at 14 cents per mile. This deduction includes parking costs, along with other out-of-pocket expenses you incur during charity work.
8. Retirement Investments: Taxpayers with limited incomes can get a deduction and a tax credit for putting away money in retirement plans. Most who invest in a plan such as an IRA receive a deduction, however approximately 57 million households also qualify for a Savers Credit.
9. Whale Hunting with Alaskan Natives: Boat captains involved in subsistence hunting of endangered bowhead whales in Alaska can deduct up to $10,000 of their expenses. In order to qualify for this deduction, you must be hunting to provide food or materials for your family.
10. Stock Donations to Charity: If you donate stock rather than cash, you can receive a larger deduction on your donation. If you donate stock that has appreciated in value, you can write off the fair-market value and avoid the capital-gains tax on the stock sale.
11. Work Overseas: If you have worked overseas, the first $95,100 of your income is excluded from U.S. taxes. This deduction recognizes no distinction between low-tax and high-tax countries.
12. Harvest Your Investment Losses: If you sell an investment at a loss, such as a mutual fund, you can use the loss to offset either capital gains on other investments or their regular taxable income. Losses that you do not use now can be carried forward to offset gains future tax years.
To read more on this story visit: http://money.msn.com/taxes/12-tax-breaks-youve-never-heard-of
If you have any questions on this topic or are in a financial crisis and are considering filing bankruptcy, contact an experienced attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia, P.A. at www.miamibankruptcy.com.