Tax Tips and Updates for the 2024 Filing Season

Tax season is in full swing. With several filing options and a potentially larger Child Tax Credit to claim, there’s a lot to know before you file. Optima CEO David King and Lead Tax Attorney Philip Hwang provide a comprehensive guide for the 2024 tax filing season and show you how you can get the most when filing your tax return. 

If You Need Tax Help in 2024, Contact Us Today for a Free Consultation 

Pensions: The General Rule vs. The Simplified Method

Pensions: The General Rule vs. The Simplified Method

Planning for retirement involves making crucial decisions about your finances, one of which includes understanding how to manage your pension. Pension plans often come with various options and methods for distribution, each with its own set of rules and implications. In this article, we’ll delve into taxable income for retirees. We’ll also compare two common methods for calculating pension and annuity taxable income: the General Rule and the Simplified Method. 

Taxes for Retirees 

When taxpayers reach retirement, most of their income will likely be from retirement distributions. While some distributions, like those from a Roth account, are not taxable, others are. For example, any contributions that your employer made to your retirement plan, or pre-tax contributions, are taxable. This means you pay taxes when you take the money from your retirement account as a distribution. If some contributions made to your pension or annuity plans were included in your gross income, you can exclude part of the distribution from your retirement income. How much will be determined using one of two methods: the General Rule or the Simplified Method. 

The General Rule 

The General Rule is a method used to calculate the taxable portion of pension or annuity payments. Under this rule, the taxpayer divides their investment in the contract by the expected return. This is calculated based on the taxpayer’s life expectancy. The resulting quotient represents the tax-free portion of each payment, while the remainder is considered taxable income. Taxpayers can use IRS Publication 939 to calculate the taxed portion of their pension.  

Advantages 

One of the key advantages of the General Rule is its flexibility. It allows retirees to customize their tax treatment based on their individual circumstances. These include age, life expectancy, and investment in the contract. This method is particularly beneficial for those with longer life expectancies or higher investment amounts. This is because it can result in a larger tax-free portion of their pension payments

Disadvantages 

The General Rule can be complex to calculate and may require assistance from financial advisors or tax professionals. Additionally, it may not always yield the most tax-efficient outcome, especially for retirees with shorter life expectancies or smaller investment amounts. 

The Simplified Method 

The Simplified Method offers a more straightforward approach to determining the taxable portion of pension or annuity payments. This method involves using a predetermined formula provided by the IRS. The formula considers the taxpayer’s age at the time of the first payment, the total expected return, and the length of the payout period. 

Advantages 

The Simplified Method is designed to make the tax calculation process easier for retirees by eliminating the need for complex calculations. It provides a standardized formula that applies to most pension plans. This makes it accessible to a broader range of individuals without requiring extensive financial expertise. 

Disadvantages 

While the Simplified Method offers simplicity and ease of use, it may not always result in the most tax-efficient outcome. This method does not account for individual factors such as life expectancy or investment in the contract, which could lead to a higher taxable portion of pension payments for some retirees

Limitations 

Some taxpayers will be restricted to only using the General Rule. If one of the following scenarios applies to you, you will need to use the General Rule to calculate the taxable portion of your pension.  

  • Your annuity or pension payments began on or before November 18, 1996 
  • Your annuity or pension payments began between July 1, 1986, and November 18, 1996, and you do not qualify for the Simplified Method 
  • Your annuity or pension payments began after November 18, 1996, you were 75 years or older on that date, and your payments were guaranteed for 5 years or more. 
  • You have received payments from a nonqualified plan 

In addition, you must use the Simplified Method if your plan meets all of the following requirements: 

  • Your annuity or pension payments began after November 18, 1998 
  • Your annuity or pension payments were from a qualified employee plan or annuity, or a tax-sheltered annuity plan, such as a 403(b) plan 
  • You must be under 75 years old when the payments begin. If you are 75 or older, your guaranteed payments cannot last 5 or more years. 

Comparison 

When comparing the General Rule and the Simplified Method, it’s essential for retirees to consider their unique financial circumstances. The General Rule offers flexibility and customization but may require more effort to calculate accurately. In contrast, the Simplified Method provides simplicity and ease of use but may not always optimize tax efficiency. 

Ultimately, the choice between these two methods depends on factors such as age, life expectancy, investment amount, and personal preferences. Retirees are encouraged to consult with financial advisors or tax professionals to determine which method aligns best with their individual needs and objectives. 

Tax Help for Those with Pensions and Annuities 

Managing pension distributions is a critical aspect of retirement planning, and understanding the differences between the General Rule and the Simplified Method is essential for making informed decisions. While both methods offer their own advantages and limitations, retirees must carefully evaluate their options to ensure they maximize their retirement income while minimizing tax liabilities. By seeking guidance from financial experts and considering their unique circumstances, retirees can navigate the complexities of pension distributions with confidence and peace of mind. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities.  

If You Need Tax Help, Contact Us Today for a Free Consultation 

Top 5 Tips to Avoid an IRS Audit

Top 5 tips to avoid an irs audit

The Senate recently approved nearly $80 billion in IRS funding, with $45.6 billion specifically for enforcement. This new funding is expected to result in more tax audits. There is no sure way to avoid an IRS audit. However, there are some things that the IRS has generally viewed as “red flags.” These could increase the chances of an audit for taxpayers. Here are our top five tips to avoid an IRS audit.  

File Your Tax Return 

Currently, you must file a tax return if your gross income meets certain thresholds based on your age and filing status. If you meet the minimum income requirement and you do not file a federal income tax return, or file late. In 2024, you can be penalized 5% of your unpaid tax liability for each month your return is late. However, the penalty will not exceed 25% for your total tax balance. Additionally, you will incur a 0.5% per month for failure to pay penalty, up to 25%.

While both penalties have a cap, interest will continue to accrue until the balance is paid off. It is compounded daily at the federal short-term rate, plus an additional 3% for individuals. In 2024, the underpayment penalty is 8% for individual taxpayers. In addition, the IRS may prepare a substitute for return (SFR) on your behalf. They do this by using your W2 and 1099 forms for that tax year and even your bank account records. The SFR will likely result in a larger tax bill, since tax credits and deductions will not be claimed. In short, choosing to not file a return each year will not excuse you from paying taxes.  

Report All Income 

Underreporting income is one of the most common reasons taxpayers get audited. Remember, the IRS receives copies of all your W-2 and 1099 forms for the year. If incomes do not match up, they will investigate your tax situation. The IRS could then give you the IRS negligence penalty. This can cost you an additional 20% of the underpaid amount in penalties. That said, it’s always best to report all earnings the first time around. 

Use Common Sense with Business Expenses 

The IRS reminds taxpayers that business expenses should be “ordinary and necessary” to produce income for your specific trade or business. In other words, items like office equipment and advertising costs are fine, but you should not try to deduct your daily lunch expenses. You should always avoid comingling personal and business expenses. 

Keep Good Records 

Keeping good records that support your reported income is critical. This can include invoices, canceled checks, mileage logs, and other documents. The IRS recommends keeping records for three years after filing. Bookkeeping can be a tedious process, so it may be best to hire a professional if you are not up to the task. 

Know How to Report Losses 

The IRS will likely audit individuals and businesses that report multiple or consecutive losses. If your business claims a loss for several years, the IRS may classify it as a hobby instead of a for-profit business. Once this happens, you will not be allowed to claim a loss related to the business and you will have to prove that your “business” has an acceptable motive to earn a profit. 

Tax Relief for Taxpayers 

Odds of an audit increase when the IRS notices any red flags. The audit process can be tedious and taxing. Failing an audit can result in a huge, unforeseen tax bill. It’s best to seek assistance from experts who can help you avoid an IRS audit. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.  

Contact Us Today for a No-Obligation Free Consultation 

** Optima Tax Relief is a tax resolution firm independent of the IRS** 

Power of Attorney Explained

Power of Attorney Explained

Tax management can be a complex and difficult task. This is especially true when faced with unexpected circumstances such as illness, travel, or other personal challenges. In such situations, having a trusted representative to handle tax-related matters can provide invaluable support. A power of attorney (POA) is a legal instrument that empowers an appointed individual to act on behalf of another person. It grants them authority over various financial and legal affairs. This article explores the ways in which a power of attorney can be leveraged to facilitate tax management and ensure compliance while offering peace of mind to individuals facing challenging circumstances. 

Who Can Represent Me Before the IRS? 

Your representative must be eligible to practice before the IRS. These individuals include enrolled agents, CPAs, or attorneys. You can also have enrolled retirement plan agents, enrolled actuaries, unenrolled tax preparers, family members, employees, or even Low Income Taxpayer Clinic (LITC) representatives.  

It’s crucial to choose a representative who is knowledgeable about tax matters and capable of effectively advocating on your behalf. Whether you’re facing an audit, tax dispute, or other IRS proceedings, having a competent representative can help navigate the process and ensure your rights are protected. 

What Privileges Does My POA Give? 

With a POA, your chosen representative can deal with your tax matters before the IRS. Here are a few ways they can do this. 

Handling Tax Filings and Correspondence 

One of the primary benefits of a POA in tax matters is the ability to delegate the responsibility of filing tax returns and corresponding with tax authorities. By appointing a trusted agent through a power of attorney, individuals can ensure that their tax obligations are met accurately and on time. This is critical if they are unable to manage these tasks themselves due to illness, travel, or other reasons. 

Representing the Taxpayer Before Tax Authorities 

A power of attorney authorizes the appointed agent to represent the taxpayer before the IRS or state revenue agencies. This representation includes the ability to communicate with tax authorities, respond to inquiries, provide information, and negotiate on behalf of the taxpayer in various tax matters, including audits, appeals, and collections. 

Making Tax-Related Decisions 

A power of attorney can grant the agent the authority to make certain tax-related decisions on behalf of the taxpayer. This may include decisions related to tax planning. These may include the timing of asset sales or deductions, and decisions regarding tax disputes or settlements

Accessing Tax Information 

With a power of attorney in place, the appointed agent can access the taxpayer’s tax information, including tax returns, transcripts, and other relevant documents. This access allows the agent to effectively manage the taxpayer’s tax affairs, gather necessary information for tax filings, and address any issues that may arise. 

Ensuring Continuity of Tax Management 

A POA provides continuity in tax management. This ensures that tax obligations are fulfilled even if the taxpayer is incapacitated or absent. By appointing a trusted agent through a power of attorney, individuals can have confidence that their tax affairs will be managed according to their wishes and in their best interests. 

Keep in mind, however, that having a POA does not mean you’re off the hook for your tax obligations. It just means you have someone else to help you tackle the IRS.  

How Do I Authorize a POA? 

The easiest way to authorize someone to represent you before the IRS is to submit a POA authorization in your IRS online account. Alternatively, you can complete and submit Form 2848, Power of Attorney and Declaration of Representative. This form grants your chosen representative the authority to handle your tax affairs, including discussing your tax matters with the IRS, receiving confidential information, and signing documents on your behalf. 

When designating a representative through a power of attorney, it’s essential to provide accurate information and specify the scope of their authority. The IRS typically requires specific information. You’ll need the representative’s name, address, and taxpayer identification number (usually a Social Security number or an Employer Identification Number). You’ll also need details about the tax matters they are authorized to address. 

How Long is a POA Valid? 

A power of attorney will stay in effect until you revoke the authorization. Your representative can also withdraw it on their own. This can be done by authorizing a new representative or by sending a revocation to the IRS. This basically involves writing “REVOKE” on the top of the first page of Form 2848 with your signature and date below it. You must then mail or fax a copy of this form to the IRS. If your representative is the one withdrawing the POA, they would follow the same instructions but instead write “WITHDRAW” on the top of the first page of Form 2848. 

Tax Help for Those Looking for Tax Representation 

In summary, a power of attorney can be a valuable tool for tax management. It provides individuals with the flexibility to delegate tax-related responsibilities to a trusted representative. Whatever challenges, having a designated agent to handle tax matters can offer peace of mind and ensure tax compliance. By understanding the benefits of a power of attorney in tax management and leveraging this legal instrument effectively, individuals can navigate tax-related challenges with confidence and ease. Optima Tax Relief is the nation’s leading tax resolution firm with over $1 billion in resolved tax liabilities.  

If You Need Tax Help, Contact Us Today for a Free Consultation