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What is the SALT Deduction?

SALT deduction

If you’ve never heard of the State and Local Tax (SALT) deduction, you’re not alone. But if you have, you may know that it is a topic that often raises eyebrows and sparks debates. For many taxpayers, the SALT deduction plays a significant role in their financial planning and overall tax liability. This is especially true for those who live in a high-tax state. In this article, we’ll delve into the intricacies of the SALT deduction, exploring its mechanics, controversies, and potential implications for taxpayers. 

What is the SALT deduction? 

The State and Local Tax (SALT) deduction allows taxpayers to deduct state and local taxes from their federal taxable income. These deductible taxes typically include state and local income taxes, property taxes, and sales taxes. One key thing to note, however, is you may only deduct either state and local sales taxes or state and local income taxes, but not both. The deduction aims to provide relief to taxpayers by preventing double taxation. In other words, it helps prevent paying taxes at both the state and federal levels on the same income. Taxpayers can deduct up to $10,000 in 2023, or $5,000 if they are married but filing separately. Remember, you may only take the SALT deduction if you itemize your deductions. 

What does the SALT deduction cover? 

The SALT deduction typically covers the following types of taxes: 

  • Income taxes: Whether you are a W-2 employee or self-employed, you’ll be able to find out how much state or local income tax you paid over the tax year.  
  • Property taxes: This tax is a little more complicated and does not come with much guidance from the IRS who advises that some types of payments do not qualify. 
  • Personal property taxes: Typically, you can deduct taxes paid on personal property like a vehicle.  
  • Sales taxes: Deducting sales tax usually requires keeping excellent records. Some taxpayers prefer to deduct state and local income taxes instead because it’s usually calculated for them at the end of the year. However, this is particularly beneficial for individuals residing in states without a state income tax. This is because they can deduct their sales taxes instead. 

Key Points

While these are the primary taxes covered by the SALT deduction, there are limitations.

  • The Tax Cuts and Jobs Act (TCJA) of 2017 introduced a cap on the SALT deduction. It limited the total deductible amount to $10,000 for both single and married taxpayers filing jointly. This cap significantly impacted taxpayers in high-tax states who were accustomed to deducting larger amounts. 
  • Taxpayers must itemize their deductions on their tax returns to claim the SALT deduction. This means that individuals who choose to take the standard deduction won’t be able to benefit from the SALT deduction. 
  • Taxpayers can choose either the state and local sales tax deduction or the state and local income tax deduction, but not both. The choice is typically based on which option provides a higher deduction amount. 
  • The SALT deduction is subject to potential changes in tax law and policy. 

Need Tax Help? Call Optima.

While the SALT deduction provides relief to many taxpayers, its limitations and potential changes have led to ongoing debates about its fairness, distributional impact, and its effect on federal revenue. Taxpayers should stay informed about changes to tax laws and consult with tax professionals to make the most informed decisions regarding their deductions and overall tax planning strategies. If ever unsure about which deductions you are allowed to take, contact an expert tax professional. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

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

Can I Get Disability If I Owe Back Taxes?

can i get disability if i owe back taxes

Life can be challenging when facing both financial difficulties and health issues. Many taxpayers ask themselves, “Can I get disability if I owe back taxes?For individuals experiencing a debilitating condition while also owing back taxes, the situation can seem overwhelming. However, it’s essential to know that there are options available to help ease the burden. In this article, we will explore the process of obtaining disability benefits while managing tax debt, providing a comprehensive guide to assist those in need. 

Understanding Disability Benefits 

Disability benefits are designed to provide financial support to individuals who are unable to work due to a severe medical condition. These benefits can be crucial for maintaining a basic standard of living and accessing medical care. Two primary types of disability benefits are commonly available: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 

Social Security Disability Insurance (SSDI) 

SSDI is a federally funded program that provides financial assistance to individuals who have worked and contributed to Social Security but can no longer maintain gainful employment due to a disability. To qualify for SSDI, an applicant must meet specific criteria set by the Social Security Administration (SSA): 

  • You are under 66 years old 
  • You are receiving treatment for medical condition 
  • You cannot work because of your medical condition 
  • You are not currently working, or you work part-time with a low pay rate 
  • You are not expected to recover or work within one year 
  • You worked and paid taxes for several years before your medical condition 

Supplemental Security Income (SSI) 

SSI is another federal program that provides assistance to disabled individuals with limited income and resources, regardless of their work history. Eligibility for SSI depends on the applicant’s financial need, age, disability status, and citizenship or residency status. To qualify, you must: 

  • Be under 66 years old 
  • Be receiving treatment for medical condition 
  • Not be able to work because of your medical condition 
  • Not be currently working, or you work part-time with a low pay rate 
  • Not be expected to recover or work within one year 
  • Have less than $2,000 in assets (single filers) or less than $3,000 (married couples), and you or your spouse must not have any other significant income 

Applying for Disability Benefits with Tax Debt 

While owing back taxes can complicate your financial situation, it generally does not disqualify you from receiving disability benefits. However, it’s essential to understand the potential impact on your benefits. 

SSDI and Tax Debt 

If you have unpaid tax debt that includes Social Security taxes, you may not be eligible for SSDI. This is because in order to qualify for SSDI, you need to have paid Social Security taxes for at least five of the last ten years. If you haven’t paid enough tax, you may not qualify for these benefits, even if your medical condition is serious. If you already receive SSDI, the IRS can garnish your pay, including up to 15% of your SSDI benefits, to pay off your tax debt.  

SSI and Tax Debt 

You can still apply for SSI benefits even if you owe back taxes. As of October 2015, the IRS no longer levies SSI benefits.  

Tax Help for Social Security Recipients 

Navigating disability benefits while owing back taxes can be a complex journey. However, it’s crucial to understand that these challenges are not insurmountable. By staying informed about your rights, seeking professional advice, and addressing tax debt proactively, you can improve your financial situation and focus on your health and well-being. Remember, help is available, and with the right approach, you can overcome these obstacles and find stability in challenging times. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

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

What is a W-9 Form?

what is a w-9 form

Whether you are a small business owner hiring independent contractors or a freelancer seeking work opportunities, the W-9 form plays a crucial role in the world of taxes. The IRS uses this form to gather essential information about independent contractors, consultants, and freelancers who provide services to businesses. In this article, we will delve into the ins and outs of the W-9 form, helping both businesses and individuals navigate its purpose, requirements, and significance.  

What is a W-9 Form? 

The W-9 form, officially titled “Request for Taxpayer Identification Number and Certification,” is a document used by businesses to collect key information from independent contractors or freelancers. It collects the recipient’s taxpayer identification number (TIN) or social security number (SSN). It also obtains other pertinent data, which is essential for tax reporting purposes. 

Who Needs to Fill Out a W-9 Form? 

Two primary parties are involved in the W-9 form process: 

  1. Business Entity. Any business or individual planning to hire independent contractors or freelancers must provide them with a W-9 to complete. 
  2. Independent Contractor/Freelancer. If you are an independent contractor or freelancer earning income through your services, you will need to fill out a W-9 form for each client you work with. 

Components

The W-9 form consists of several key components, including: 

  • Name: The full legal name of the independent contractor or freelancer. 
  • Business Name: If applicable, the name of the contractor’s business or entity. 
  • Address: The contractor’s mailing address. 
  • Taxpayer Identification Number (TIN) or Social Security Number (SSN): This is the crucial piece of information needed by the IRS for tax identification purposes. Contractors must provide either their TIN or SSN. 
  • Certification: The contractor must certify with a signature that the information provided is accurate and that they are not subject to backup withholding. 

Importance in Businesses 

For businesses, the W-9 form serves several critical functions: 

  • Accurate Reporting: By obtaining the necessary information from contractors, businesses ensure accurate reporting of payments to the IRS. 
  • 1099-MISC Preparation: Businesses use the information from the W-9 to prepare and issue Form 1099-MISC to contractors who earned $600 or more during the tax year. 
  • Avoiding Penalties: Failure to collect a W-9 form from contractors can lead to penalties if the IRS detects unreported income or incorrect taxpayer information. 

Importance for Independent Contractors

Filling out the W-9 form is equally crucial for independent contractors and freelancers: 

  • Proper Tax Reporting: Providing accurate information ensures that contractors’ income is appropriately reported to the IRS. 
  • Avoiding Backup Withholding: By certifying the information provided, contractors prevent businesses from withholding a portion of their earnings for tax purposes. 

Tax Help for Those Who Use Form W-9 

The W-9 form is an essential document that facilitates accurate tax reporting for businesses and independent contractors alike. Businesses must collect W-9 forms from their contractors. Freelancers and independent contractors must complete the form for each client they work with. By understanding the significance of the W-9 form and complying with its requirements, both parties contribute to a more transparent and efficient tax reporting process. Tax regulations may change over time. That said, it is vital for individuals and businesses to stay updated with the latest guidelines from the IRS. Always consult a tax professional for personalized advice and assistance with tax-related matters. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers. 

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

Are Canceled Liabilities Taxable?

are canceled liabilities taxable?

Dealing with debt can be a stressful and overwhelming experience. Imagine, though, finally having a weight lifted off your shoulders when a creditor cancels or forgives a portion of your outstanding debt. While the relief might be immense, it’s essential to understand that canceled debt can have significant tax implications. Many individuals are unaware that in certain circumstances, forgiven debts can be considered taxable income by the IRS. So, are canceled liabilities taxable? In this article, we will review the concept of canceled debt and its potential tax implications. 

Understanding Canceled Debt 

Canceled or forgiven debt occurs when a creditor releases a borrower from the obligation to repay a portion or the entirety of a debt. This situation typically arises when borrowers face financial hardships, negotiate debt settlements, or undergo bankruptcy proceedings. The canceled debt can encompass various types, including credit card debt, mortgages, personal loans, or business debts.  

Tax Consequences

The IRS generally considers canceled debt as taxable income, which can come as a surprise to many borrowers. From the IRS’s perspective, forgiven debt is like receiving cash or other income, thus making it subject to taxation. So, although you don’t have to repay the debt, you might have to pay taxes on the amount forgiven. If necessary, it is typically paid in the year it was canceled. 

Exceptions

Fortunately, the IRS provides certain exceptions that can exclude canceled debt from being taxable income in specific situations. Some of these include: 

  • Bankruptcy. Canceled debt discharged through a bankruptcy proceeding is generally not taxable. This exclusion applies to both Chapter 7 and Chapter 13 bankruptcies. 
  • Insolvency. If you were insolvent immediately before the debt cancellation, the canceled debt may not be taxable. This basically means your liabilities exceed your assets. You must file IRS Form 982 to claim this exclusion. 
  • Qualified Principal Residence Indebtedness. The Mortgage Forgiveness Debt Relief Act of 2007 allows taxpayers to exclude up to $2 million ($1 million for other filing statues) of forgiven mortgage debt on their primary residence for years 2007 through 2020. This act also applies to discharged debt in 2021 if there was a written agreement in place in 2020. In addition, The Consolidated Appropriations Act (CAA) of 2020 excludes qualified canceled mortgage debt, up to $750,000 for married couples and $350,000 for other filers, from taxable income for tax years 2021 through 2025. 
  • Some Student Loan Forgiveness. Some student loans are canceled after working in a certain profession for a specified number of years. Some student loan forgiveness in the years 2021 through 2025 are not considered taxable income.  

Tax Reporting and Documentation 

For canceled debt that qualifies as taxable income, the creditor must report the forgiven amount on Form 1099-C, Cancellation of Debt. Form 1099-C reports all eligible canceled debt of $600 or more per occurrence. Taxpayers should note that if they had debt under $600 that was canceled, it still needs to be reported as income, even if they don’t receive a 1099-C. The debtor should receive this form from the creditor. They must include the forgiven debt in their annual income when if it’s not an excluded debt. However, if your debt does fall under one of the IRS’s exclusions, you should still file your return with Form 1099-C to acknowledge it. In addition, if you receive Form 1099-C after filing your tax return, you should file an amended return and include the Form 1099-C. Not doing so may raise some red flags with the IRS that can result in a tax audit. Finally, if there is an error on your Form 1099-C, you should contact the creditor immediately to request a corrected version.  

Tax Help for Those with Canceled Liabilities

Remember, you should always consult the help of a knowledgeable tax professional if you are unsure about your tax situation. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

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

Tax Tips for Resident and Non-Resident Aliens: Part 2

tax tips for resident and non-resident aliens2

When it comes to filing taxes as a resident or non-resident alien, the first step is determining your alien status for tax purposes. If you satisfy the requirements of either the IRS green card test or the substantial presence test, you will be considered a resident alien for tax purposes. If you cannot meet the requirements, you will be taxed as a non-resident alien. Here’s how resident and non-resident aliens are taxed and how to make the most out of your situation. 

How are resident aliens taxed? 

If you’re considered a resident alien, you will be taxed the same way a U.S. citizen would be. In other words, all income must be reported on your tax return. This is even if some of it or all of it was earned abroad. Income can include wages, interest, royalties, dividends, rental income, and other sources. Resident aliens use the same forms and filing statuses as U.S. citizens. Additionally, they have access to the same tax deductions, credits, and exemptions.  

How are non-resident aliens taxed? 

Non-resident aliens are taxed differently. The IRS only requires non-resident aliens to pay taxes on the income earned in the United States. Similarly, income connected to a U.S. business should be reported. This means any income earned in any foreign country is not taxed by the IRS. Instead of using Form 1040 to file a tax return, non-resident aliens should use Form 1040-NR, U.S. Nonresident Alien Income Tax Return. Non-resident aliens will also qualify for deductions and credits to help reduce their taxable income.  

How are dual-status aliens taxed? 

If you are a dual-status alien, it means that you were considered a resident alien and a non-resident alien in the same year. This typically occurs the in the year you arrive in the U.S. or depart. In this scenario, you would need to file a tax return. Which one is filed depends on which status you held at the end of the tax year. For example, if you ended the year as a resident alien, you would file Form 1040 and note that it is a dual-status return. You would also need to include a statement of income earned as a non-resident during the tax year. If you choose to use Form 1040-NR as your statement of income, you will need to note that it is a dual-status statement. Dual-status tax returns have several filing restrictions, so consider consulting with a tax professional for help.  

Can resident and non-resident aliens leave the U.S. without paying taxes? 

In most cases, all aliens leaving the United States will need to secure a sailing permit with the IRS. This document grants IRS clearance and can be obtained by filing Form 1040-C, Departing Alien Income Tax Return or Form 2063, U.S. Departing Alien Income Tax Statement and Annual Certificate of Compliance. You must also pay any tax owed, plus any taxes due from previous years. This process can take 2-3 weeks so you should plan your departure accordingly.  

Tax Help for Resident and Non-Resident Aliens 

Determining your alien status for tax purposes is only one initial hurdle that you need to overcome when filing a tax return. Filing and paying taxes is a whole other set of tasks and sometimes requires the help of a knowledgeable and experienced tax professional. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

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

Tax Tips for Resident and Non-Resident Aliens: Part 1

tax tips for resident and non-resident aliens1

Did you know you are required to pay taxes on your income even if you are not an American citizen? The same is true even if you spend some of your time abroad. One important thing to note, however, is the way you are taxed is determined by your alien status. In other words, resident aliens are taxed differently than non-resident aliens. Here’s an overview of tax tips for resident and non-resident aliens, including how each status affects your taxes

Resident vs. Non-Resident Alien Status 

Before figuring out how you will be taxed, you’ll need to figure out which alien status applies to your situation. The first is the resident alien status. This means you were born outside the United States, do not have U.S. citizenship, but you live in the country. It also means you have satisfied the requirements of one of two IRS tests. These are the green card test or the substantial presence test. The second status is the non-resident alien status. This status is granted to those who do not satisfy the requirements of the green card test or the substantial presence test. 

Green Card Test 

The green card test is fairly simple. If the U.S. Citizenship and Immigration Service grants you a green card, you satisfy the requirements of this test and are considered a resident alien.  

Substantial Presence Test 

The substantial presence test is a little more complicated. It is for those who do not have a green card but meet both of the following requirements: 

  • Spent at least 31 days in the United States during the current tax year 
  • Spent at least 183 days in the United States during the last three tax years (including the current tax year) 

How to Count Number of Days Present 

When counting days, you may count all the days you were in the country in the current year. However, you may only count 1/3 of the days you were present in the year prior to the current year and only 1/6 of the days you were present in the second year prior to the current year. Let’s look at an example. Assume you were present in the country for 120 days in 2023, 180 days in 2022, and 150 days in 2021. Your total number of days present in the U.S. would be 205 days according to the following calculations: 

  • 120 days for 2023 
  • 60 days for 2022 (1/3 of 180) 
  • 25 days for 2021 (1/6 of 150) 

This means you’d meet the minimum of 183 days in the United States. Therefore, you’d be considered a resident alien for tax purposes in 2023. However, keep in mind that there are several days that should be excluded from your count, including: 

  • Days you regularly commuted to work in the U.S. from Mexico or Canada 
  • Days you pass through the U.S. for less than 24 hours because you are in transit between two places outside the U.S.
  • Days you are in the U.S. as a crew member on a foreign vessel 
  • Days you are unable to leave the U.S. due to a medical condition that developed while in the U.S. 
  • Days you are considered an exempt individual   

Exempt Individuals

You are considered an exempt individual for a day if you meet any of the following criteria: 

  • You are temporarily in the U.S. as a foreign government-related individual under an “A” or “G” visa, excluding “A-3” and “G-5” class visas 
  • You are a teacher or trainee who is temporarily in the U.S. under a “J” or “Q” visa and comply with the visa requirements 
  • You are a student who is temporarily in the U.S. under an “F,” “J,” “M,” or “Q” visa and comply with the visa requirements 
  • You are a professional athlete who is temporarily in the U.S. to compete in a sporting event for charity 

Going back to our previous example, if we were to exclude 30 days that you spent in the U.S. working as a crew member on a foreign vessel in 2023, your new count would be 175. Because the excluded days reduced your count below the 183-day minimum, you would be considered a non-resident alien for tax purposes in 2023.  

Tax Help for Resident and Non-Resident Aliens 

It’s clear that determining your alien status for tax purposes can get complicated. If you’re still unsure about your status after reading our tax tips for resident and non-resident aliens, you can consult a tax professional for clarification. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations. 

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