Every year like clockwork you conscientiously pay your state income taxes, but this year you spaced and missed the deadline. Don’t panic. Filing taxes can be a stressful task, and it’s not uncommon for people to forget deadlines or overlook certain tax obligations. If you find yourself in the situation where you forgot to file your state taxes, don’t panic. While it’s essential to address the issue quickly, there are steps you can take to rectify the situation and minimize any potential consequences.
Are You Sure You Have to File?
As of 2024, if you live and work in any of the following states, you are not required to file an income tax return or pay state income taxes: Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, and Wyoming. New Hampshire exempts wage earners from paying state income taxes, although interest and dividend income is taxed. In addition, Washington taxes capital gains income of high-earning individuals. However, if you live or work in any of the other 41 states or in the District of Columbia, you may be subject to late filing fees, late payment fees or both.
How to Get a State Tax Extension
Your state’s official website is likely to have information available on filing state tax returns after the deadline. If you cannot find the information online, contact your state’s treasury or tax office by telephone. Be prepared to answer general questions about your income and filing status, because your answers may have a bearing on whether you must file. For instance, many states exempt taxpayers who owe no state taxes from the requirement of filing a return. However, you will forfeit any refund or tax credits you might otherwise have received if you do not file a return.
Were You Granted an Automatic Extension?
Some states grant taxpayers an automatic extension of time to file if they filed an extension request with the IRS on or before the tax deadline. Other states require a separate extension request even if you filed a federal request. Again, consult your state’s official website or place a telephone call to the appropriate agency to obtain the information that you need.
State Tax Amnesty Programs
Like the IRS, many states have adopted a cooperative attitude toward taxpayers who make honest mistakes. Some states have tax amnesty programs or otherwise eliminate or minimize penalties for taxpayers who owe and voluntarily come forward. If you just forgot to file, or didn’t file because you didn’t have the money, come clean with the proper authorities. Often, the state will work with you to develop a payment schedule that you can live with to bring you back into compliance. In some cases, you may be eligible for waivers or abatements of penalties and interest for late filing. This is more likely if you have a valid reason for filing late, such as a medical emergency or natural disaster. Contact your state’s tax agency to inquire about any available relief programs and how to apply for them.
What Do I Do Now If I Forgot to File State Taxes?
File your state taxes as soon as possible. The longer you wait to file your state taxes, the more penalties and interest you may incur. Therefore, it’s crucial to file your late return as soon as possible. Tax penalties imposed by the state can often rival those of the IRS, including liens and levies against your paycheck and assets or even possible jail time. The sooner you file, the quicker you can stop the clock on penalties and interest charges.
If you are missing Form W-2 or other tax records that you need to file a return, you can often obtain the information you need immediately through the IRS website. In some cases, you may need to make a request by telephone or regular mail, which will require extra processing time.
Don’t Assume You’re in the Clear
Honest taxpayers act as quickly as possible to file their returns after they have realized that they somehow forgot to do so. But some may decide that since they have managed to get away with not filing a return or paying taxes that they will continue to defy the law. Don’t make that mistake. If your state income tax authority concludes that you intentionally evaded paying taxes, the consequences could be worse than just penalties and interest. It could result in criminal charges.
Tax Help for Those Who Forgot to File State Taxes
Remember, while forgetting to file your state taxes can be stressful, it’s not the end of the world. By taking proactive steps to address the issue and filing your return as soon as possible, you can minimize any potential negative consequences and get back on track with your tax obligations. If you’re unsure about how to proceed or if you need assistance with filing your late state taxes, consider consulting a tax professional. A qualified tax advisor can provide guidance tailored to your specific situation and help you navigate the process more efficiently. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
In the world of taxation, income is broadly categorized into two main types: earned and unearned income. Earned income is derived from active participation in a trade or business. Conversely, unearned income encompasses various sources that don’t require direct effort or labor. This article explores the concept of unearned income, its sources, and how it is taxed.
What is Unearned Income?
Unearned income refers to any income not generated from active participation in a trade or business. Instead, it stems from investments, royalties, rents, dividends, interest, pensions, and other sources. The recipient doesn’t actively work to earn the income. It contrasts with earned income, which includes wages, salaries, and self-employment earnings.
Sources of Unearned Income
Let’s review some of the most common sources of unearned income and how they are taxed, if at all.
Investments
Income from investments such as stocks, bonds, mutual funds, and real estate rentals constitutes a significant portion of unearned income. This can include capital gains from selling investments at a profit, dividends from stocks, and interest from bonds or savings accounts. Profits from the sale of investments, such as stocks, bonds, or real estate, are taxed as capital gains. The tax rate on capital gains ranges from 0-20% and depends on several factors. These include the holding period of the investment and the taxpayer’s income tax bracket. Generally, long-term capital gains, from assets held for more than a year, are taxed at lower rates than short-term capital gains.
Dividend income is taxed at different rates depending on whether it is classified as qualified or ordinary dividends. Qualified dividends are taxed at the capital gains tax rates, which are typically lower than ordinary income tax rates. Ordinary dividends are taxed at the individual’s ordinary income tax rate. Interest income from sources such as savings accounts, CDs, and bonds is typically taxed at the individual’s ordinary income tax rate. However, certain types of municipal bonds may be exempt from federal income tax and, in some cases, state and local income tax.
Royalties
Individuals who own intellectual property rights, such as patents, copyrights, or trademarks, receive royalties when others use or license their creations. This passive income stream is a classic example of unearned income. Royalties and annuity payments are generally taxed as ordinary income. However, certain portions of annuity payments may be considered a return of the principal investment and are therefore not taxable.
Rents
Income generated from owning and renting out real estate properties, whether residential or commercial, falls under unearned income. Landlords receive rental payments from tenants, providing a steady stream of income without active involvement in day-to-day operations. Rental income is subject to taxation at the individual’s ordinary income tax rate. Landlords are also allowed to deduct certain expenses related to renting out the property, such as mortgage interest, property taxes, maintenance costs, and depreciation.
Pensions and Annuities
Retirement income, including pensions and annuities, is often classified as unearned income. These payments are typically received after years of employment and represent a form of deferred compensation. Pensions and annuities are generally taxable at the federal level, although the taxation may vary depending on the specific circumstances and the type of plan. For example, if you contributed to the pension plan with pre-tax dollars, the entire amount of your pension payments is usually subject to income tax when you receive them. However, if you made after-tax contributions to the pension plan, a portion of your pension payments may be tax-free.
Alimony and Child Support
Payments made by one spouse to another as part of a divorce settlement (alimony) or for the support of children (child support) are considered unearned income for the recipient. However, they are typically not taxable for the recipient nor deductible for the payer.
Lottery Winnings
Windfalls such as lottery winnings, gambling winnings, or prizes from contests are considered unearned income and may be subject to taxation depending on the amount and jurisdiction. In addition, lump-sum winnings may be taxed at a higher rate than periodic payments.
Employee Benefits
Some employee benefits, such as employer-provided health insurance, life insurance, and certain fringe benefits, are considered unearned income. However, the tax treatment of these benefits varies depending on the specific benefit and applicable tax laws.
Inheritance
Inherited assets, including money, property, or investments, are considered unearned income for the beneficiary. However, inheritance tax laws vary by jurisdiction, and in many cases, inherited assets may not be subject to income tax for the recipient.
Tax Planning Strategies for Unearned Income
Given the various sources and tax implications of unearned income, individuals can employ several strategies to minimize their tax liabilities.
Tax-Advantaged Accounts: Investing in retirement accounts such as 401(k)s, IRAs, or Roth IRAs can help defer or avoid taxes on investment gains, dividends, and interest income.
Tax-Loss Harvesting: Selling investments at a loss to offset capital gains can reduce taxable income from investments. However, it’s essential to be mindful of wash sale rules and other tax implications.
Asset Location: Placing investments with higher tax burdens, such as bonds generating interest income, in tax-advantaged accounts can optimize tax efficiency.
Qualified Dividends: Investing in stocks that pay qualified dividends can result in lower tax rates on dividend income compared to ordinary income tax rates.
Estate Planning: Utilizing trusts, gifting strategies, and other estate planning tools can help minimize estate taxes and transfer unearned income to heirs more efficiently.
Tax Help for Those with Unearned Income
Unearned income plays a significant role in the financial landscape, providing individuals with passive streams of income from various sources. Understanding the sources and taxation of unearned income is crucial for effective tax planning and wealth management. By leveraging tax-efficient investment strategies and taking advantage of available tax deductions and credits, individuals can optimize their financial situation and minimize their tax liabilities on unearned income. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
Now that the April tax deadline has passed, you might be wondering, “Where’s my tax refund?” Optima CEO David King and Lead Tax Attorney Philip Hwang explain how you can track your refund, how long you have to collect your refund and how to stay compliant with the IRS.
When individuals or businesses are involved in legal disputes that result in settlements or judgments in their favor, one common question arises. Do you pay taxes on lawsuit settlements? The answer to this question can vary depending on the nature of the lawsuit, the type of damages awarded, and specific circumstances surrounding the case. Let’s look into the tax implications associated with lawsuit settlements.
Taxability of Lawsuit Settlements
Internal Revenue Code (IRC) Section 61 broadly defines gross income as all income from whatever source, unless specifically excluded by another provision of the tax code. In addition, IRC Section 104 provides an exclusion from gross income for certain types of compensation received in legal settlements or judgments. In other words, you don’t have to count certain types of money you receive from legal settlements or insurance if they’re related to personal physical injuries or sickness. However, the exact circumstances surrounding the case will help determine the taxability of settlements and judgements. Let’s look at different types of lawsuit settlements.
Compensatory Damages vs. Punitive Damages
Compensatory damages are intended to compensate the plaintiff for losses suffered. This typically includes damages for physical injuries, emotional distress, lost wages, medical expenses, and property damage. Compensatory damages are usually not taxable. They are meant to restore the individual to the position they were in before the injury or loss occurred. Punitive damages, on the other hand, are awarded to punish the defendant for particularly egregious behavior and to deter others from engaging in similar conduct. In many cases, punitive damages are taxable as ordinary income.
Physical Injury or Sickness
If a lawsuit settlement is related to physical injury or sickness, the compensatory damages received are generally not taxable. This includes damages for medical expenses, pain and suffering, and loss of consortium. Again, if a portion of the settlement is allocated to punitive damages or other non-compensatory damages, that portion may be taxable.
Emotional Distress
Emotional distress damages are a bit trickier when it comes to taxation. Typically, damages awarded for emotional distress are taxable, even if there were physical symptoms as well. Section 104 does not consider headaches, insomnia, or stomach conditions as qualified physical symptoms. However, if you experienced a physical injury or sickness, damages might be tax-free.
Lost Wages and Lost Profits
Compensation for lost wages and lost profits is typically taxable as ordinary income. This includes settlements related to employment discrimination, wrongful termination, retaliation, or lost business income. This is because you are typically not suing because of physical injury. Keep in mind that not only will income taxes be due in this type of settlement, but also other wage-related taxes as well, including FICA taxes.
Attorney’s Fees
Attorney’s fees paid from a settlement may or may not be deductible, depending on the specifics of the case and applicable tax laws. In general, cases dealing with employment discrimination, retaliation, or whistleblower claims can deduct legal fees “above the line.” An “above-the-line” deduction is one you can claim on your tax return before calculating your adjusted gross income (AGI). As of the passing of the 2017 Tax Cuts and Jobs Act, you cannot deduct legal fees for most other cases. In addition, the Act also requires individuals to pay tax on the total gross settlement. This includes money paid to your attorney. For example, if your settlement was $20,000 and the attorney’s received $5,000, you’d pay tax on the entire $20,000 settlement and not just on your $15,000 cut. The attorney also pays their own share of tax on their cut.
Reporting Lawsuit Settlements on Tax Returns
When it comes to reporting lawsuit settlements on tax returns, it’s essential to accurately categorize the income and follow the IRS guidelines. If you receive settlement income, you’ll typically receive IRS Form 1099-MISC. This form is used to report miscellaneous income, including settlements. Keep in mind, however, that you won’t receive this form if your settlement income is not taxable. There may be a few exceptions to which form you’ll receive. For example, if you receive back pay from your employer, these proceeds would be reported on your W-2 Form. In addition, if you received settlement interest, you should receive IRS Form 1099-INT.
Remember, even if you don’t receive a Form 1099, you are still responsible for reporting taxable income from lawsuit settlements on your tax return. Keep detailed records of the settlement, including any documentation related to the lawsuit, legal fees, and the allocation of damages.
Tax Help for Those Who Won a Lawsuit Settlement
Navigating the tax implications of lawsuit settlements can be complex. You should consult with a tax professional or attorney for guidance tailored to your specific situation. Understanding the distinction between compensatory and punitive damages, and the tax treatment of different types of settlements, is crucial for accurately reporting income and avoiding potential tax issues in the future. By staying informed and seeking expert advice when needed, individuals and businesses can effectively manage the tax consequences of legal settlements. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
Today, Optima Tax Relief Lead Tax Attorney, Phil, talks about his three takeaways from the current tax landscape.
IRS Interest Rates Could Increase
For much of the pandemic, we saw IRS interest rates hold steady. For example, the interest rate accumulating on unpaid taxes was 3% for half of 2020 and all of 2021. In April 2022, we saw it increase by 1% each quarter until it hit 6%. Now, the second quarter of 2024 will mark the third consecutive quarter with a rate of 8% for interest. The question remains: Will the rate continue to increase? Phil thinks so. It’s been said numerous times that now is a terrible time to owe the IRS. Spiking interest rates mean more expensive penalties and interest. Taxpayers should act immediately to get their tax issues resolved.
Back Taxes Affect Your Passports
If you owe a significant amount of back taxes and the IRS has issued a certification to the U.S. State Department, they can deny your passport application or revoke your current passport. But don’t worry. Before the IRS certifies your tax debt to the State Department, they will notify you in writing about the impending certification. You have the opportunity to resolve your tax debt, enter into a payment plan, or request other relief options before the certification occurs.
The 1099-K is a Wild Card
The reporting thresholds for Form 1099-K have changed quite a bit in the past few years. Remember, Form 1099-K is an informational tax form used to report certain types of payment card and third-party network transactions to the IRS. If you collect payments for your business through PayPal, Venmo, or others, you probably know about Form 1099-K. As of now, you would receive a 1099-K in 2025 if you had transactions of $5,000 or more in 2024. However, a much smaller $600 threshold will go into effect for tax year 2025. Remember, you should report this taxable income even if you do not receive IRS Form 1099-K.
