Today, Optima Tax Relief Lead Tax Attorney, Phil, discusses each of the three IRS 6-year rules.
Underreporting Income by Over 25%
If you underreport your income by over 25%, the IRS has six years from the date the return was filed to assess additional taxes, instead of the usual three years. The 25% threshold is calculated based on the amount of gross income that should have been reported. Gross income includes all income before deductions and exemptions. This can include wages, business income, rental income, interest, dividends, and other forms of income.
Non-Filing
The IRS generally requires taxpayers to file tax returns for the past six years if they have not filed them previously. This means if you have not filed a tax return in the last 10 years, the IRS will only require you to file the most recent six past-due returns.
Installment Agreements
Generally, if a taxpayer can pay off their tax debt within six years, they may qualify for streamlined installment agreements where detailed expense documentation, like receipts, may not be required for reasonable expenses. These expenses typically include food, clothing, housing, utilities, transportation, and healthcare.
As globalization continues to connect economies and individuals around the world, many U.S. taxpayers find themselves earning income in foreign countries. This income often comes with the obligation to pay foreign taxes, leading to a complex situation where individuals and businesses may face double taxation. Double taxation is when a taxpayer pays taxes on the same income to both the foreign country and the U.S. Fortunately, the U.S. tax system offers a solution to this scenario: the Foreign Tax Credit (FTC). This article explores the mechanics, benefits, and limitations of the FTC, providing a comprehensive understanding for taxpayers with international income.
What is the Foreign Tax Credit?
It’s important to note that when you pay foreign taxes, you can choose if you want to offset these costs as a foreign tax credit or as an itemized deduction. Here, we will discuss the foreign tax credit since it typically results in larger savings for taxpayers. The Foreign Tax Credit is a provision in the U.S. tax code that allows taxpayers to offset the amount of income tax they owe to the U.S. government by the amount of foreign taxes they have paid on the same income. The primary goal of the FTC is to mitigate double taxation and encourage U.S. citizens and residents to engage in international business activities.
Who is Eligible for the Foreign Tax Credit?
Eligibility for the FTC is primarily based on a few criteria. In general, you qualify for the Foreign Tax Credit if you’re a U.S. citizen or resident who earns foreign income and pay U.S. taxes. If you are a U.S. expat, someone who lives and works in a country other than their country of citizenship, there are a few more rules. For example, the tax must be imposed on you, and you must have paid the tax. The foreign tax must also be a legal income tax or other tax in lieu of an income tax. Be sure to check with a tax professional since there are strict IRS rules on what counts as foreign income tax.
How to Calculate the Foreign Tax Credit
The calculation of the Foreign Tax Credit involves several steps and considerations.
Determine Foreign Income and Taxes Paid
Calculate the total foreign income earned and the amount of taxes paid or accrued to a foreign country. Accurate record-keeping is essential to substantiate these figures.
Separate Income into Passive and General Categories
The IRS requires income to be categorized into passive income (such as dividends and interest) and general category income (such as wages and business profits). This categorization affects how the FTC is applied.
Calculate the Credit Limit
The Foreign Tax Credit is subject to a limitation based on the proportion of foreign income to total worldwide income. The formula is:
(Foreign Income / Total Worldwide Income) x U.S. Tax Liability
This limitation ensures that the FTC does not exceed the amount of U.S. tax liability attributable to foreign income.
Example
Let’s look at an example. Let’s say that you’re a U.S. citizen who moved to Spain for work. You earn $50,000 plus an extra $5,000 in interest income in the U.S. You also paid $10,000 in taxes to the Spanish government. At the end of the tax year, your U.S. tax liability was $9,000. Let’s calculate your FTC amount.
(Foreign Income / Total Worldwide Income) x U.S. Tax Liability
($50,000 / $55,000) x $9,000
0.91 x $9,000 = $8,182
This means you can receive up to $8,182 for the FTC. In addition, since you already paid $10,000 in Spanish taxes, you can carry over the difference of $1,818 for up to 10 years.
Foreign Tax Credit vs. Foreign Earned Income Exclusion
U.S. taxpayers with foreign income often face a choice between the Foreign Tax Credit and the Foreign Earned Income Exclusion (FEIE). The FEIE allows taxpayers to exclude a certain amount of foreign earned income from their U.S. taxable income. Here’s how they compare:
FTC: Reduces U.S. tax liability on foreign income dollar-for-dollar based on foreign taxes paid.
FEIE: Excludes foreign earned income up to a specified limit, potentially reducing taxable income but not offering credit for foreign taxes paid.
Taxpayers can use both the FTC and the FEIE, but not for the same income. Strategic planning is crucial to determine the optimal approach based on individual circumstances.
Reporting the Foreign Tax Credit
To claim the Foreign Tax Credit, taxpayers must file Form 1116 with their U.S. tax return. Corporations use Form 1118. These forms require detailed information about foreign income, taxes paid, and the calculation of the FTC limit. Accurate and complete documentation is vital to avoid audits and penalties.
Potential Challenges and Considerations
It goes without saying that the rules governing the FTC are complex. It requires careful record-keeping and a thorough understanding of both U.S. and foreign tax laws. Professional tax advice is often necessary to navigate these complexities. In addition, changes in foreign tax liabilities, such as refunds or adjustments, can impact the FTC claimed in previous years. You must report these changes and note that you may need to amend prior U.S. tax returns. Finally, tax treaties between the U.S. and other countries can affect the FTC. Treaties may provide additional benefits or limitations, and taxpayers should be aware of the specific provisions applicable to their situation.
Tax Help for Those with Foreign Income
The Foreign Tax Credit is a valuable tool for U.S. taxpayers with foreign income, providing relief from double taxation. By understanding the eligibility criteria, calculation methods, and reporting requirements, taxpayers can effectively use the FTC to optimize their tax situations. As international tax laws continue to evolve, staying informed and seeking professional advice remain essential for claiming the Foreign Tax Credit. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
When filing U.S. federal income tax, taxpayers often encounter several forms and schedules that must be completed to accurately report their financial activities. One such form is Schedule B, which is used to report interest and ordinary dividends. Understanding this form is crucial for taxpayers with investment income to ensure compliance with tax laws and avoid potential penalties. Here’s an overview of Schedule B, including who needs to file it, the different components, and common mistakes to avoid.
What is Schedule B?
Schedule B is a tax form attached to Form 1040, 1040-SR, or 1040-NR to report interest income and ordinary dividends received during the tax year. This form is typically required for individuals with significant income from investments and other financial instruments.
Who Needs to File Schedule B?
You need to file Schedule B if you meet one of the following criteria:
Your total taxable interest income is more than $1,500 during the tax year
Your ordinary dividends exceed $1,500 during the tax year
You have any of the following less common situations:
Part 1 of Schedule B requires you to list all the information received via Form 1099-INT, 1099-OID, or another substitute statement from a financial institution. On Line 1, you should enter the name of each payer and the amount of interest received. This includes interest from savings accounts, bonds, certificates of deposit (CDs), and other financial instruments. Line 2 requires you to total your interest income. You should report any interest excluded, such as tax-exempt interest on Line 3. Line 4 will calculate your total taxable interest income.
Part II: Ordinary Dividends
Part II of Schedule B collects information about your ordinary dividends for the tax year. Remember, ordinary dividends differ from qualified dividends, which are taxed at a lower rate. This information is found on Form 1099-DIV or another substitute statement from your financial institution. On Line 5, you should enter the name of each payer and the amount of ordinary dividends received. Use Line 6 to total your ordinary dividend income.
Part III: Foreign Accounts and Trusts
Part III of Schedule B is for less common scenarios since it is used to report any financial interest in or authority over a foreign account, such as a bank account. It’s also used if you are involved with certain foreign trusts. If so, additional reporting may be necessary under the Foreign Account Tax Compliance Act (FATCA). If you have foreign financial accounts with a combined value exceeding $10,000 at any time during the year, you must file the Report of Foreign Bank and Financial Accounts (FBAR), in addition to Schedule B.
Common Mistakes to Avoid
The biggest mistake you can make with Schedule B is failing to report small amounts. Even if interest or dividends are minimal, they must be reported if they exceed the $1,500 threshold. Another mistake is not filing at all. If you are required to file Schedule B and fail to do so, you may face penalties, including fines and interest on unpaid taxes. Finally, do not overlook foreign income. Neglecting to report foreign accounts or income can lead to severe penalties.
Tax Help for Those Who File Schedule B
Schedule B is a vital component of the U.S. tax filing process for individuals with interest and ordinary dividend income. By accurately reporting these amounts, taxpayers can ensure compliance with IRS regulations and avoid potential penalties. Understanding when and how to use Schedule B, along with avoiding common mistakes, can help streamline the tax filing process and ensure that all investment income is appropriately accounted for. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
The Federal Disaster Tax Relief Act is a legislative measure proposed by the U.S. Congress to provide tax relief and assistance to individuals and businesses affected by natural disasters. This Act is part of a broader effort by the federal government to alleviate the financial burden on those impacted by disasters such as hurricanes, wildfires, floods, and other catastrophic events. Here’s an overview of the Federal Disaster Tax Relief Act that has the potential to offer a range of tax benefits designed to help disaster victims recover and rebuild in the aftermath of such events.
Background
The Federal Disaster Tax Relief Act (HR 5863) was introduced by Representative Greg Steube (R-FL). It advanced by the Ways and Means Committee in 2023. The Federal Disaster Tax Relief Act would exclude income received for casualty and theft losses, damages, and expenses from individual income for tax purposes if these were incurred due to a federally declared disaster. It would also exclude any income received by taxpayers affected by the February 2023 train derailment that took place in East Palestine, Ohio, where 38 train cars carrying hazardous materials derailed.
The bill was passed in the House of Representatives, but the Senate has yet to vote on it. The situation has become tricky since the bill was included in the bipartisan tax package, the Tax Relief for American Families and Workers Act (HR 7024).
Current Disaster-Related Tax Relief
Currently, there are several provisions that offer financial relief to disaster-affected individuals and businesses. One of the primary benefits is the ability for taxpayers to claim deductions for casualty losses. These losses are defined as damage, destruction, or loss of property resulting from a disaster. Taxpayers can claim deductions for uninsured or unreimbursed losses, thereby reducing their taxable income and lowering their overall tax liability. The IRS also typically extends the tax filing and payment deadlines for individuals and businesses in affected areas. This extension provides taxpayers with additional time to complete their tax obligations without facing late fees or penalties.
How the Federal Disaster Tax Relief Act Could Impact Taxpayers
If passed by the Senate, the Federal Disaster Tax Relief Act will exempt wildfire relief payments from federal income taxes. It will also exempt relief payments for losses stemming from the 2023 East Palestine, Ohio train derailment. In addition, it will designate certain hurricanes as eligible for disaster-related tax treatments. If enacted, this act could simplify the process of writing off losses from other natural disasters. This includes provisions to exempt legal fees, emotional distress, lost wages, and other expenses from taxation in cases of wildfire losses. Once the bill becomes law, any taxes already paid on wildfire settlement funds since 2020 will be eligible for a retroactive refund. Taxpayers can claim this by filing an amended return or claiming the change in the next tax year.
Tax Help for Those Affected by Federal Disasters
The Federal Disaster Tax Relief Act could be an essential tool in the federal government’s response to natural disasters. By providing tax relief and financial assistance, the Act can play a crucial role in helping individuals and businesses recover and rebuild in the aftermath of catastrophic events. Understanding the provisions and benefits of the Act can empower taxpayers to make informed decisions. It can also maximize the available relief options in times of need. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers.
Today, Optima Tax Relief Lead Tax Attorney, Phil, discusses OIC mills, including what they are and how to avoid being victimized by them.
What is an OIC?
An Offer in Compromise (OIC) is a program offered by the IRS that allows taxpayers to settle their tax debt for less than the full amount owed. This program is intended for individuals who cannot pay their full tax liability or doing so would create a financial hardship.
What is an OIC Mill?
An “OIC mill” refers to a business or organization that aggressively markets and promotes OIC services to taxpayers, often making exaggerated claims about their ability to settle tax debts for pennies on the dollar. These companies typically charge high fees and may not deliver on their promises, sometimes providing subpar or even fraudulent services.
How to Avoid OIC Mills
Thoroughly research any company or service offering OIC assistance. Look for reviews, complaints, and ratings from reputable sources such as the Better Business Bureau (BBB). Ensure the tax professional you’re working with is qualified, such as a licensed attorney, CPA, or Enrolled Agent who specializes in tax resolution. Consider contacting the IRS directly or using the IRS’s online resources to understand the OIC program and determine eligibility before seeking outside help. If an offer sounds too good to be true, seek a second opinion from a trusted tax professional. Familiarize yourself with the IRS OIC process and the realistic chances of success. The IRS provides detailed information and forms on their Offer in Compromise page.
If you’ve been victimized by an OIC mill, consider asking for help from the experts at Optima Tax Relief. With over a decade of experience and over $3 billion in resolved tax liabilities, we can help with your tax situation.
If you’ve been hit with an assessment from the IRS and you disagree with the results, you are entitled to present your case in Tax Court. However, an IRS administrative appeal may produce desirable results without the need to go to court. As a taxpayer, you are entitled to dispute the results of an IRS assessment through the administrative appeal process for any reason other than religious, moral or political, conscientious objections. The professionals at Optima Tax Relief can determine whether an administrative appeal is the right course for your situation. The IRS administrative appeals process can be an effective way to handle disagreements over tax assessments, penalties, or other IRS decisions, offering a less formal and often less costly alternative to litigation. Here’s an overview of IRS administrative appeals, including the types, how each works, and important things to note before requesting one.
IRS Administrative Appeal Categories
The IRS Appeals division operates as a separate entity from IRS offices that conduct investigations. The two types of administrative appeals available are Collections Appeal Process (CAP) or Collections Due Process (CDP) hearings. Administrative appeal hearings may be conducted by mail, telephone or in person. You may represent yourself or be represented by a CPA, attorney or enrolled agent authorized to practice before the IRS. If your tax return was prepared by a third party not enrolled with the IRS, they may be a witness but may not represent you.
Collection Appeals
Collection Appeals involve disputes over IRS collection actions. These actions can include levies, liens, seizures, and other methods the IRS uses to collect outstanding taxes. To break this down even further, there are two main programs under Collection Appeals: Collection Due Process (CDP) and the Collection Appeals Program (CAP).
Collection Due Process
The CDP program allows taxpayers to appeal collection actions before they occur, providing a forum to address issues related to the collection process. Taxpayers who receive certain IRS notices can request a CDP hearing. These include the Notice of Federal Tax Lien Filing, Final Notice of Intent to Levy, Notice of Jeopardy Levy, Notice of Levy on a State Tax Refund, or Post Levy Collection Due Process Notice
Taxpayers generally have 30 days from the date of the notice to request a CDP hearing. They can do so via Form 12153, Request for a Collection Due Process or Equivalent Hearing. If the taxpayer disagrees with the CDP determination, they have the right to seek judicial review in the U.S. Tax Court. After 30 days, you may request an Equivalent Hearing within one year. However, collection activities will not be suspended. In addition, you cannot appeal the results in Tax Court.
Collection Appeals Program
The CAP provides a faster and more streamlined process than CDP, but it does not offer the same judicial review rights. Taxpayers can request a CAP hearing at any time, even before or after a collection action has been taken. For example, a CAP filed to protest a wrongful levy may be filed either before or after property has been seized. However, it must be filed before the property is sold. A CAP can be used to address the following IRS actions:
Prior to or after the filing of a Notice of Federal Tax Lien
Prior to or after levy or seizure of property by the IRS
Rejection or modification of an installment agreement
Rejected taxpayer request to return to levied property
Seizure
It’s crucial to note that you will not be able to take your case to Tax Court if you disagree with the conclusions of the CAP. You must file Form 9423, Collection Appeal Request to initiate a CAP review.
Submitting Your Request for Administrative Review
If you’re audited and your auditor finds that you owe less than $2,500, you may approach them about an appeal directly or submit your request through the appeals system. If you owe between $2,500 and $25,000, you should submit a Small Case Request. Alternatively, you can use Form 12203, Request for Appeals Review, which can be found on the IRS website. Assessments of $25,000 or more require a Formal Written Protest using Form 12202, including the following items.
Your name, address, and a daytime telephone number.
A statement of intent to appeal the IRS findings to the Office of Appeals.
A copy of the letter showing the proposed assessment.
The tax period(s) or year(s) involved.
A detailed description of each item with which you disagree.
The reason(s) for your disagreement for each item.
Facts supporting your position for each item.
Any law or legal authority that supports your position on each item.
The following penalties of perjury statement stated exactly: “Under the penalties of perjury, I declare that the facts stated in this protest and any accompanying documents are true, correct, and complete to the best of my knowledge and belief.”
Your signature beneath the penalties of perjury statement.
If your request for appeal is prepared by your representative, he or she must substitute the declaration for penalties of perjury statement for individual taxpayers with a statement that includes each of the following elements:
An affirmation that he or she submitted the protest and any accompanying documents, AND
A statement of personal knowledge of stated facts in the protest and accompanying documents and a declaration that the facts are true and correct.
The Administrative Hearing Process
After submitting your request for administrative review, you generally have at least 60 days to prepare for the hearing. Draft a rough outline of the information you wish to include in your presentation. Categorize any other relevant information in spreadsheets or in visual displays, with separate folders for each item.
It’s wise to request a copy of the auditor’s file under the Freedom of Information Act (FOIA) immediately. FOIA requests can take at least a month to process. The letter should cover all relevant tax years and provide an offer to cover copying costs. Send the letter by certified mail or other traceable means.
The hearing itself will be fairly informal. You are entitled to take notes or record the hearing if you wish. Be prepared for requests for further information. If that happens, don’t hesitate to ask for more time.
If you reach a verbal settlement during the hearing, the settlement will be transcribed onto IRS Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment. Keep in mind, however, that this form can take months to arrive in the mail. Double check all the figures and do not sign the form unless you understand and agree with everything contained within it. Likewise, do not sign the form if you’ve found other mistakes from the auditor or appeals officer. Once you sign the form, you are barred from making further appeal to the Tax Court.
Tax Help for Those Who Owe
The IRS Administrative Appeal process is a valuable tool for taxpayers seeking to resolve disputes in a fair, impartial, and cost-effective manner. By understanding the steps involved and preparing adequately, taxpayers can go through the appeal process and potentially reach a resolution without the need for tax court. If you find yourself in disagreement with an IRS decision, considering an administrative appeal can be a prudent first step. If you’re unsure, consulting a tax professional can be helpful. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
Entering into an installment agreement with the IRS can provide taxpayers with a manageable way to pay off their tax liability over time. However, defaulting on an IRS installment agreement can lead to serious consequences. Here, we’ll review the potential repercussions and the steps you can take to mitigate them.
What Does it Mean to Default on an IRS Agreement?
Defaulting on an IRS installment agreement means that you have failed to meet the terms of the payment plan established with the IRS. This can happen for several reasons, including missing a scheduled payment, failing to file required tax returns, or incurring additional tax debts. Defaulting on your IRS installment agreement can lead to serious consequences.
Immediate Consequences
It’s important to note that there are a few immediate consequences associated with defaulting on your IRS installment agreement.
Reinstatement of Full Debt Amount
When you default on your IRS installment agreement, the entire amount of your tax debt becomes due immediately. The IRS will no longer honor the payment plan, and you will be expected to pay the full balance at once.
Accrual of Penalties and Interest
Defaulting on your installment agreement means that penalties and interest on your tax debt will continue to accrue. This can significantly increase the total amount you owe.
Loss of Future Tax Refunds
The IRS may apply any future tax refunds to your outstanding debt. This means that any expected refunds will be used to pay off your tax balance instead of being issued to you.
Collection Actions
The IRS will send you Notice CP523, informing you that you have defaulted on your installment agreement. This notice will outline the amount due and provide instructions on how to resolve the default. If the default is not resolved, the IRS can levy your assets. This means they can seize your property, including bank accounts, wages, and other assets, to satisfy the debt. The IRS may even file a federal tax lien against your property. A lien is a legal claim against your property to secure payment of the tax debt. This can affect your credit score and make it difficult to sell or refinance your property.
In severe cases, the IRS may take legal action to collect the debt. This can include filing a lawsuit against you to recover the outstanding balance. The IRS can also garnish your wages, taking a portion of your paycheck directly to satisfy your tax debt. To make matters worse, defaulting on an installment agreement can make it difficult to enter into another agreement with the IRS in the future. They may require more stringent terms or a higher initial payment to establish a new agreement.
Steps to Take If You’re Struggling
If you anticipate trouble making a payment, contact the IRS as soon as possible. They may be able to work with you to modify your agreement or provide a temporary deferment. However, if you have already defaulted, you can request to have your installment agreement reinstated. You will need to provide a valid reason for the default and show that you can meet the terms of the agreement going forward.
Consider hiring a tax professional or a tax attorney. They may be able to negotiate better terms on your behalf. If an installment agreement is no longer feasible, consider other options such as an Offer in Compromise (OIC), where you settle your debt for less than the full amount owed, or a Currently Not Collectible (CNC) status, which temporarily pauses collection actions due to financial hardship.
Tax Help for Those with IRS Installment Agreements
Defaulting on an IRS installment agreement can lead to a series of severe financial and legal consequences, including the reinstatement of the full debt amount, penalties and interest, asset levies, and tax liens. It is crucial to stay proactive and communicate with the IRS if you are having difficulty making payments. Seeking professional advice and exploring alternative payment options can help you avoid the harshest consequences and work towards resolving your tax debt. Remember, if you feel overwhelmed from dealing with the IRS on your own, it may be time to contact a tax professional. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
Did you make a mistake on your tax return? Whether it’s to correct errors, claim overlooked deductions, or address changes in filing status, it may be best to amend your tax return. CEO David King and Lead Tax Attorney Philip Hwang provide helpful tips on what important facts you need to know before amending your tax return, including how to avoid owing a tax burden.
When you marry, you often share many aspects of your life with your spouse: your home, your finances, and perhaps even your dreams. However, what happens when it comes to tax liabilities? Specifically, are you responsible for your spouse’s back taxes? This question can cause significant stress and confusion. To navigate this issue, it is essential to understand the various scenarios and laws that come into play. Here, we’ll explore the factors that determine liability and the potential consequences for both parties involved.
Understanding Back Taxes
Back taxes are taxes that have been partially or completely unpaid in the year they were due. They can accrue interest and penalties over time, leading to a larger debt. The IRS and state tax authorities are vigilant about collecting these taxes, and failure to pay can result in serious consequences such as liens, levies, and wage garnishments.
Can the IRS Hold Me Liable for My Spouse’s Tax Debt?
The short answer to this question is yes. However, there are certain factors that may come into play to decide for sure, including when you filed and under which filing status. When you get married, you suddenly have two new filing status options to choose from. You can go with married filing jointly or married filing separately. In the married filing jointly scenario, both spouses report their combined income, deductions, and credits on a single tax return. When filing separately, each spouse files their tax return separately, reporting only their income, deductions, and credits. Which of these options you choose will greatly determine whether the IRS can hold you accountable for tax debt.
Liability Under Married Filing Jointly
If you file jointly, both spouses are generally jointly and severally liable for the tax debt. In this case, the IRS can pursue either spouse for the entire amount owed. This means that both spouses are individually and collectively responsible for any taxes, interest, and penalties owed on a joint tax return. Even if you yourself did not do anything wrong, or you were unaware of any wrongdoing by your spouse, you are still 100 percent legally responsible for your shared tax debt.
Liability Under Married Filing Separately
If you choose to file separately, you are only responsible for your own tax liabilities. This can protect you from being liable for your spouse’s back taxes. However, this filing status often results in higher tax rates and reduced eligibility for certain credits and deductions.
Community Property States
In community property states, spouses equally own all income and assets acquired during the marriage. This means if you live in a community property state, you might be responsible for your spouse’s tax debt, even if you file separately, because half of your community income is considered yours. However, income from property owned by one spouse before marriage, or acquired by gift or inheritance during the marriage, is typically considered separate property and not subject to community property rules.
How Does Timing Affect Whether I’m Liable for My Spouse’s Back Taxes?
Timing is the second factor that can determine your liability for your spouse’s tax debt. If your spouse had tax debt before you were married, only they are responsible for that debt. You can apply for Injured or Innocent Spouse Relief if the IRS attempts to collect from you. If your spouse incurs tax debt during your marriage, you will use the guidelines outlined above to determine your liability.
Remember, it all depends on which filing status you used during the year the tax debt appeared. If your spouse incurs tax debt after your marriage, you may be responsible for it if you filed jointly, even if you were legally separated. However, in this case, you might be able to apply for Separation of Liability relief. This will limit your liability if you and your spouse were no longer married or living together when they incurred their tax debt.
Tax Relief Options for Spouses
If your spouse incurs tax debt, you may qualify for some type of relief. Here are the most common options.
Innocent Spouse Relief
If your spouse did not report all income, claimed credits they weren’t eligible for, or took improper deductions on a joint return without your knowledge, you may qualify for Innocent Spouse Relief. This option is more common for taxpayers who are no longer married. To request relief, taxpayers should file Form 8857, Request for Innocent Spouse Relief. Innocent spouses must file within two years of receiving an IRS notice informing you of the tax debt.
Injured Spouse Relief
Injured spouse relief, on the other hand, is typically for individuals who are currently married, and your portion of your joint tax refund was used to pay pre-existing debt that belongs to your spouse. This can include overdue child support, other taxes due, etc. To request this relief option, taxpayers should file Form 8279, Injured Spouse Allocation. They should file within three years of the return being filed or two years from the date the tax was paid, whichever event happened later.
Separation of Liability Relief
Separation of Liability Relief applies in situations where a joint return was filed, and the innocent spouse can demonstrate that they are divorced or legally separated from the other spouse. Under this relief, the IRS divides tax liabilities between the spouses based on their respective shares of income, deductions, and credits. To request relief, taxpayers should file Form 8857, Request for Innocent Spouse Relief within two years of receiving an IRS notice informing you of the tax debt.
Equitable Relief
If you’re not eligible for innocent spouse relief or separation of liability relief, you might qualify for equitable relief. Equitable relief can save you from paying your spouse’s understated or underpaid taxes on your joint return. This relief option is typically only granted for taxes due on your spouse’s income and assets and not your own. To request relief, taxpayers should file Form 8857, Request for Innocent Spouse Relief within two years of receiving an IRS notice informing you of the tax debt.
Tax Help for Innocent Spouses
There are scenarios that would disqualify you from relief. These include knowledge of the errors your spouse made or signing an offer in compromise with the IRS. It’s also important to note that these relief options can take months for the IRS to review and process. Be sure to consult with a qualified tax professional to make sure you know your options. Luckily, the IRS recognizes the need to protect innocent parties and provides relief options for them. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
The Work Opportunity Tax Credit (WOTC) is a valuable federal tax credit available to employers who hire individuals from certain targeted groups that have consistently faced significant barriers to employment. Established as part of the Small Business Job Protection Act of 1996, the WOTC aims to incentivize businesses to diversify their workforce and provide job opportunities to individuals who might otherwise struggle to gain employment. Here’s a breakdown of the Work Opportunity Tax Credit, including who qualifies for it, the benefits of it, how to apply, and the importance of it in workforce diversity.
Who Qualifies for the WOTC?
The WOTC is designed to encourage the employment of individuals from specific groups. These targeted groups include the following.
Veterans: Particularly those who are disabled, unemployed, or receiving SNAP benefits.
Ex-Felons: Individuals who have been convicted of a felony and are hired within a year of their release or conviction.
Designated Community Residents: Individuals aged 18-39 who reside in Empowerment Zones or Renewal Communities.
Vocational Rehabilitation Referrals: Individuals who have a disability and have been referred to an employer following rehabilitation through a state-certified vocational rehabilitation program.
Summer Youth Employees: Individuals aged 16-17 who work during the summer months and live in Empowerment Zones.
SNAP (Supplemental Nutrition Assistance Program) Recipients: Individuals aged 18-39 who are members of a family that has received SNAP benefits for the previous six months or at least three of the last five months.
Supplemental Security Income (SSI) Recipients: Individuals who have received SSI benefits for any month ending within the 60-day period ending on the hire date.
Long-Term Family Assistance Recipients: Individuals who have received Temporary Assistance for Needy Families (TANF) benefits for any 9 months during the 18-month period ending on the hiring date.
Qualified Long-Term Unemployment Recipients: Individuals who have been unemployed for 27 weeks or more.
Benefits of the WOTC for Employers
Employers can receive a tax credit that ranges from $1,200 to $9,600 for each eligible new hire. However, the actual credit depends on the target group and the individual’s employment period and hours worked. The credit is calculated as a percentage of the employee’s first-year wages:
25% of first-year wages for employees working at least 120 hours but fewer than 400 hours, up to $6,000.
40% of first-year wages for employees working 400 hours or more, up to $6,000.
The maximum tax credit varies by target group. For example:
Summer youth employees: Up to $3,000.
Long-term family assistance recipients: Up to $10,000 over two years.
How to Apply for the WOTC
To claim the WOTC, employers must follow these steps.
Pre-Screening Notice and Certification Request.Complete IRS Form 8850, “Pre-Screening Notice and Certification Request for the Work Opportunity Credit,” by the day the job offer is made.
Submit to State Workforce Agency. Submit Form 8850 and ETA Form 9061, or if applicable, ETA Form 9062, to the state workforce agency (SWA) within 28 days of the employee’s start date.
Receive Certification. The SWA will verify the employee’s eligibility and issue a certification.
Claim the Credit. Once certified, employers can claim the tax credit using IRS Form 5884, “Work Opportunity Credit.” This form should be included in their annual business tax returns.
Importance of the WOTC
The WOTC serves as a crucial tool in promoting workforce diversity and inclusion. By encouraging employers to hire individuals from disadvantaged backgrounds, it helps reduce unemployment and underemployment among target groups, fostering economic growth and community development.
Moreover, businesses benefit by reducing their tax liability while gaining access to a broader pool of potential employees. The program also helps employers fulfill their social responsibility by contributing to the improvement of their communities and the lives of their employees.
Tax Help for Businesses
The Work Opportunity Tax Credit is a win-win for both employers and employees. By providing tax incentives to businesses, it encourages the hiring of individuals who face significant barriers to employment. Employers not only gain financial benefits but also contribute to a more inclusive and diverse workforce. Understanding and leveraging the WOTC can be a strategic advantage for businesses looking to make a positive impact while enhancing their bottom line. Optima Tax Relief has over a decade of experience helping taxpayers with tough tax situations.
