South Carolina Legislature Passes Legislation Benefiting Homeowners (hsblawfirm.com)

The South Carolina legislature, during its 2013-2014 legislative session ending June 5, 2014, passed three (3) provisions of particular interest to South Carolina homeowners.  Two (2) of the provisions pertain to homeowners who rent their home to others during the taxable year and a third provision pertains to residential property owned by a trust or family partnership.
Prior to the enactment of this legislation, Assessors in some counties took the position that if a taxpayer rented his or her home out for more than 14 days per year, the 4% assessment ratio was lost and the homeowner’s principal residence was assessed at the 6% assessment ratio.  A homeowner who lived at Pawleys Island, but rented her house during the summer when she went to the mountains, found herself at risk of losing her 4% assessment ratio.
To correct this problem, the new legislation provides that if a residence, which otherwise qualifies for the 4% assessment ratio, is not rented more than 72 days in a calendar year, then the property keeps its 4% assessment ratio.  The Assessor may require a property owner to provide the Assessor with a copy of IRS Schedule E (Supplemental Statement of Income or Loss for Real Estate) to establish the limitation on rental usage.
The Internal Revenue Code, as well as the South Carolina Income Tax Act, excludes from income rents derived from the rental of a “dwelling unit” if the dwelling unit is rented less than 15 days per year.  As a general rule, an accommodation tax equal to 7% of the gross proceeds derived from the rental of rooms is imposed on all taxpayers providing sleeping accommodations.  An exception is made for facilities consisting of less than six (6) sleeping rooms, contained on the same premises, which is used as the “individual place of abode”.  The exemption did not apply to a “dwelling unit” such as a second home that is not an “individual’s place of abode”.  The 2013 legislation now exempts “dwelling units” that are not an “individual’s place of abode” from the accommodation tax.
A third, and perhaps the most important of the three 2013-2014 legislative changes, applies to a taxpayer’s principal residence held in an entity such as a trust, family limited partnership, or family limited liability company.  Prior to the enactment of the 2013-2014 legislation and pursuant to legislation passed in 2012, the benefit of the 4% principal residence assessment ratio was reduced if an individual owned less than a 50% fee ownership in the residence.  An exception was made where an individual owned at least a 25% interest in the property with “immediate family members” (defined as a parent, child or sibling).  A number of Assessors took the position that the term “immediate family members” did not include a trust of which the beneficiaries are the grantor, his/her spouse and children, or a family limited partnership or limited liability company in which the partners/members are all family members.
The 2013-2014 legislation sponsored by Senator Chip Campsen of Charleston corrects this inequity by applying the 4% assessment ratio to property otherwise qualifying for the 4% assessment ratio if the property is held exclusively by:
  • the taxpayer, or the taxpayer and the taxpayer’s spouse;
  • a trust, if the taxpayer claiming the 4% assessment ratio is the grantor or settlor of the trust, and the only beneficiaries of the trust are the grantor or settlor and any parent, spouse, child, grandchild, or sibling of the grantor or settlor;
  • a family limited partnership, if the person claiming the special 4% assessment ratio transferred the subject property to the partnership, and the only members of the partnership are the person and person’s parents, spouse, children, grandchildren, or siblings;
  • a family limited liability company, if the person claiming the special 4% assessment ratio transferred the subject property to the limited liability company, and the only members of the limited liability company are the person and the person’s parents, spouse, children, grandchildren, or siblings; or
  • any combination of the foregoing.
The 2013-2014 legislation applies to property tax years beginning after 2011 and specifically instructs Assessors to refund to taxpayers who were denied the 4% assessment ratio as a result of the 2012 legislation.
© 2014 Haynsworth Sinkler Boyd, P.A.

Scam Phone Calls Continue; IRS Identifies Five Easy Ways to Spot Suspicious Calls

WASHINGTON — The Internal Revenue Service issued a consumer alert today providing taxpayers with additional tips to protect themselves from telephone scam artists calling and pretending to be with the IRS.

These callers may demand money or may say you have a refund due and try to trick you into sharing private information. These con artists can sound convincing when they call. They may know a lot about you, and they usually alter the caller ID to make it look like the IRS is calling. They use fake names and bogus IRS identification badge numbers. If you don’t answer, they often leave an “urgent” callback request.

“These telephone scams are being seen in every part of the country, and we urge people not to be deceived by these threatening phone calls,” IRS Commissioner John Koskinen said. “We have formal processes in place for people with tax issues. The IRS respects taxpayer rights, and these angry, shake-down calls are not how we do business.”

The IRS reminds people that they can know pretty easily when a supposed IRS caller is a fake. Here are five things the scammers often do but the IRS will not do. Any one of these five things is a tell-tale sign of a scam. The IRS will never:

1. Call you about taxes you owe without first mailing you an official notice.
2. Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
3. Require you to use a specific payment method for your taxes, such as a prepaid debit card.
4. Ask for credit or debit card numbers over the phone.
5. Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.

If you get a phone call from someone claiming to be from the IRS and asking for money, here’s what you should do:

  • If you know you owe taxes or think you might owe, call the IRS at1.800.829.1040. The IRS workers can help you with a payment issue.
  • If you know you don’t owe taxes or have no reason to believe that you do, report the incident to the Treasury Inspector General for Tax Administration (TIGTA) at 1.800.366.4484 or at www.tigta.gov.
  • If you’ve been targeted by this scam, also contact the Federal Trade Commission and use their “FTC Complaint Assistant” at FTC.gov. Please add “IRS Telephone Scam” to the comments of your complaint.

Remember, too, the IRS does not use email, text messages or any social media to discuss your personal tax issue. For more information on reporting tax scams, go to www.irs.gov and type “scam” in the search box.

Miscellaneous Deductions Can Cut Taxes (IRS)

You may be able to deduct certain miscellaneous costs you pay during the year. Examples include employee expenses and fees you pay for tax advice. If you itemize, these deductions could lower your tax bill.

Here are some things the IRS wants you to know about miscellaneous deductions:

Deductions Subject to the Two Percent Limit.  You can deduct most miscellaneous costs only if their total is more than two percent of your adjusted gross income. These include expenses such as:

  • Unreimbursed employee expenses.
  • Expenses related to searching for a new job in the same line of work.
  • Certain work clothes and uniforms.
  • Tools needed for your job.
  • Union dues.
  • Work-related travel and transportation.

Deductions Not Subject to the Two Percent Limit.  Some deductions are not subject to the two percent limit. They include:

  • Certain casualty and theft losses. Generally, this applies to damaged or stolen property that you held for investment. This includes items such as stocks, bonds and works of art.
  • Gambling losses up to the amount of your gambling winnings.
  • Losses from Ponzi-type investment schemes.

There are many expenses that you can’t deduct. For example, you can’t deduct personal living or family expenses. You claim allowable miscellaneous deductions on Schedule A, Itemized Deductions.

Back-to-School Tax Credits (IRS)

Are you, your spouse or a dependent heading off to college? If so, here’s a quick tip from the IRS: some of the costs you pay for higher education can save you money at tax time. Here are several important facts you should know about education tax credits:

  • American Opportunity Tax Credit.  The AOTC can be up to $2,500 annually for an eligible student. This credit applies for the first four years of higher education. Forty percent of the AOTC is refundable. That means that you may be able to get up to $1,000 of the credit as a refund, even if you don’t owe any taxes.
  • Lifetime Learning Credit.  With the LLC, you may be able to claim a tax credit of up to $2,000 on your federal tax return. There is no limit on the number of years you can claim this credit for an eligible student.
  • One credit per student.  You can claim only one type of education credit per student on your federal tax return each year. If more than one student qualifies for a credit in the same year, you can claim a different credit for each student.  For example, you can claim the AOTC for one student and claim the LLC for the other student.
  • Qualified expenses.  You may include qualified expenses to figure your credit.  This may include amounts you pay for tuition, fees and other related expenses for an eligible student. Refer to IRS.gov for more about the additional rules that apply to each credit.
  • Eligible educational institutions.  Eligible schools are those that offer education beyond high school. This includes most colleges and universities. Vocational schools or other postsecondary schools may also qualify.
  • Form 1098-T.  In most cases, you should receive Form 1098-T, Tuition Statement, from your school. This form reports your qualified expenses to the IRS and to you. You may notice that the amount shown on the form is different than the amount you actually paid. That’s because some of your related costs may not appear on Form 1098-T. For example, the cost of your textbooks may not appear on the form, but you still may be able to claim your textbook costs as part of the credit. Remember, you can only claim an education credit for the qualified expenses that you paid in that same tax year.
  • Nonresident alien.  If you are in the U.S. on an F-1 student visa, you usually file your federal tax return as a nonresident alien. You can’t claim an education credit if you were a nonresident alien for any part of the tax year unless you elect to be treated as a resident alien for federal tax purposes. To learn more about these rules seePublication 519, U.S. Tax Guide for Aliens.
  • Income limits. These credits are subject to income limitations and may be reduced or eliminated, based on your income.

Four Basic Tax Tips about Hobbies (IRS)

Millions of people enjoy hobbies that are also a source of income. Some examples include stamp and coin collecting, craft making, and horsemanship.

You must report on your tax return the income you earn from a hobby. The rules for how you report the income and expenses depend on whether the activity is a hobby or a business. There are special rules and limits for deductions you can claim for a hobby. Here are four tax tips you should know about hobbies:

1. Is it a Business or a Hobby?  A key feature of a business is that you do it to make a profit. You often engage in a hobby for sport or recreation, not to make a profit. You should consider nine factors when you determine whether your activity is a hobby. Make sure to base your determination on all the facts and circumstances of your situation. For more about ‘not-for-profit’ rules see Publication 535, Business Expenses.

2. Allowable Hobby Deductions.  Within certain limits, you can usually deduct ordinary and necessary hobby expenses. An ordinary expense is one that is common and accepted for the activity. A necessary expense is one that is appropriate for the activity.

3. Limits on Hobby Expenses.  Generally, you can only deduct your hobby expenses up to the amount of hobby income. If your hobby expenses are more than your hobby income, you have a loss from the activity. You can’t deduct the loss from your other income.

4. How to Deduct Hobby Expenses.  You must itemize deductions on your tax return in order to deduct hobby expenses. Your expenses may fall into three types of deductions, and special rules apply to each type. See of Publication 535 for the rules about how you claim them on Schedule A, Itemized Deductions.

Six Tips for People Who Owe Taxes (IRS)

While most people get a refund from the IRS when they file their taxes, some do not. If you owe federal taxes, the IRS has several ways for you to pay. Here are six tips for people who owe taxes:

1. Pay your tax bill.  If you get a bill from the IRS, you’ll save money by paying it as soon as you can. If you can’t pay it in full, you should pay as much as you can. That will reduce the interest and penalties charged for late payment. You should think about using a credit card or getting a loan to pay the amount you owe.

2. Use IRS Direct Pay.  The best way to pay your taxes is with the IRS Direct Pay tool. It’s the safe, easy and free way to pay from your checking or savings account. The tool walks you through five simple steps to pay your tax in one online session. Just click on the ‘Pay Your Tax Bill’ icon on the IRS home page.

3. Get a short-term extension to pay.  You may qualify for extra time to pay your taxes if you can pay in full in 120 days or less. You can apply online at IRS.gov. If you received a bill from the IRS you can also call the phone number listed on it. If you don’t have a bill, call 800-829-1040 for help. There is usually no set-up fee for a short-term extension.

4. Apply for a monthly payment plan.  If you owe $50,000 or less and need more time to pay, you can apply for an Online Payment Agreementon IRS.gov. A direct debit payment plan is your best option. This plan is the lower-cost, hassle-free way to pay. The set-up fee is less than other plans. There are no reminders, no missed payments and no checks to write and mail. You can also use Form 9465, Installment Agreement Request, to apply. For more about payment plan options visit IRS.gov.

5. Consider an Offer in Compromise.  An Offer in Compromise lets you settle your tax debt for less than the full amount that you owe. An OIC may be an option if you can’t pay your tax in full. It may also apply if full payment will cause a financial hardship. You can use the OIC Pre-Qualifier tool to see if you qualify. It will also tell you what a reasonable offer might be.

6. Change your withholding or estimated tax.  You may be able to avoid owing the IRS in the future by having more taxes withheld from your pay. Do this by filing a new Form W-4, Employee’s Withholding Allowance Certificate, with your employer. The IRS Withholding Calculatoron IRS.gov can help you fill out a new W-4. If you have income that’s not subject to withholding you may need to make estimated tax payments. See Form 1040-ES, Estimated Tax for Individuals for more on this topic

Is Hiring a CPA Worth it? 5 Tips for Getting Your Money’s Worth

If you are on a budget (and who isn’t?), there are actions you can take to make working with a CPA more affordable:

  • Build a Relationship: If you are comfortable with your CPA, stick with them.   By working with the same CPA each year, they become familiar with your situation and can quickly spot discrepancies or big changes. One year, a volunteer preparer didn’t ask my aunt for her real estate property taxes because he didn’t see a mortgage statement.  A year-round CPA would have known to ask.
  • Be Organized: Generally CPAs charge by the hour.  If you have a lot of contributions to deduct, consider providing a simple spreadsheet with the donations listed along with documentation.  This could lower your bill considerably.  A client once provided a co-worker with a large box of bank statements with a belt tied around it – this is an expensive way to claim your donations!
  • Don’t Make Assumptions: A client knew he could gift each of his kids and grandchildren $13,000 without triggering any gift tax in 2010.  For 2011, he incorrectly assumed inflation had increased the gift tax exclusion to $13,500 and wasn’t expecting to pay for gift tax return preparation.
  • Consult your CPA in Making Decisions: In 2009, a client decided to buy two cars in one year.  He wanted the hybrid tax credit so he purchased a Toyota hybrid and a Smart Car.  What he didn’t know was that Toyota hybrid no longer qualified for the tax credit.  Had he consulted me, I could have advised him before the purchase and provided a list of cars that still qualified.  It was heartbreaking to let him know he wasn’t going to get the tax credit.
  • Don’t Lie to Your CPA: It’s like lying to your doctor, it only hurts you.  Sometimes clients can be embarrassed to share information like gambling earnings or certain medical expenses.  Your information is private and helps your CPA determine the best way to claim that expense or report those earnings.

So if you want to ease your stress, save money and work with someone who understands and keeps up with tax law, consider a CPA. If you are asking yourself if you should hire a CPA, I happen to think a CPA is a wise investment.

-Melanie Lauridsen, Technical Manager – Taxation, American Institute of CPAs 

What’s the Tax Deal on College Scholarships?

After a regional office of the National Labor Relations Board (NLRB) ruled earlier this year that college football players at Northwestern should be treated as employees (13-RC-121359, 3/26/14), there was much speculation concerning the potential tax implications. For instance, based on the ruling, college athletic scholarships might be subject to federal income tax. But the IRS quickly nipped this notion in the bud.

In response to a Congressional inquiry, the IRS issued a new information letter stating that the existing provisions of the tax code will continue to apply to scholarships, irrespective of the NLRB ruling (IRS IL Number: 2014-0016, 6/27/14). Case closed.

Yet the tax rules remain somewhat murky to many parents of athletes and other scholarship recipients. Despite a common misconception, not all scholarships are tax-free, while others may be only partially tax-free. Here’s a brief review.

The main tax law provision in question is Section 117. Under this section, a scholarship or fellowship is exempt from tax only if you are a candidate for a degree at a qualified educational institution and only to the extent of your expenses. The scholarship can’t be earmarked specifically for room and board nor may it represent payment for teaching, research, or other services required as a condition for receiving the scholarship (other than exceptions for the national health services and the armed forces).

When is a student considered to be a candidate for a degree? He or she must meet one of the following conditions:

  1. Attend a primary or secondary school or is pursuing a degree at a college or university.
  2. Attend an accredited educational institution that provides a program acceptable for full credit toward a bachelor’s or higher degree, or offers a program of training preparing students for gainful employment in a recognized occupation.

If this requirement isn’t met, the scholarship is fully taxable.

What types of education expenses qualify for tax-free treatment? The IRS says the exclusion applies to:

  • Tuition and fees required to enroll at or attend an eligible educational institution.
  • Course-related expenses, such as fees, books, supplies, and equipment that are required for the courses at the eligible educational institution. These items must be required of all students in the course of instruction.

Conversely, qualified education expenses do not include the cost of:

  • Room and board.
  • Travel.
  • Research.
  • Clerical help.
  • Equipment and other expenses not required for enrollment in or attendance at an eligible educational institution.

This leads back to the perception that scholarships—in particular those handed out to college athletes—are completely exempt from tax. Frequently, they are only partially tax-free.

Example: Suppose a football player gets a free ride at State University. The annual tuition and fees are $10,000 while room and board is $2,500. In this case, the student owes tax on $2,500 a year.

Taxable scholarship income is reported on the student’s 1040 (or 1040A or 1040EZ). Keep your clients informed so they aren’t blindsided come tax return time. More information is available in Publication 970, Tax Benefits for Education.

http://www.accountingweb.com/article/whats-tax-deal-college-scholarships/223696

Vacation Home Rentals (IRS)

If you rent a home to others, you usually must report the rental income on your tax return. But you may not have to report the income if the rental period is short and you also use the property as your home. In most cases, you can deduct the costs of renting your property. However, your deduction may be limited if you also use the property as your home. Here is some basic tax information that you should know if you rent out a vacation home:

  • Vacation Home.  A vacation home can be a house, apartment, condominium, mobile home, boat or similar property.
  • Schedule E.  You usually report rental income and rental expenses on Schedule E, Supplemental Income and Loss. Your rental income may also be subject to Net Investment Income Tax.
  • Used as a Home.  If the property is “used as a home,” your rental expense deduction is limited. This means your deduction for rental expenses can’t be more than the rent you received. For more about these rules, see Publication 527, Residential Rental Property (Including Rental of Vacation Homes).
  • Divide Expenses.  If you personally use your property and also rent it to others, special rules apply. You must divide your expenses between the rental use and the personal use. To figure how to divide your costs, you must compare the number of days for each type of use with the total days of use.
  • Personal Use.  Personal use may include use by your family. It may also include use by any other property owners or their family. Use by anyone who pays less than a fair rental price is also personal use.
  • Schedule A.  Report deductible expenses for personal use onSchedule A, Itemized Deductions. These may include costs such as mortgage interest, property taxes and casualty losses.
  • Rented Less than 15 Days.  If the property is “used as a home” and you rent it out fewer than 15 days per year, you do not have to report the rental income.

5 Simple Tips To Keep Your Small-Business Finances In Order

After starting three small businesses, I’ve learned firsthand the headaches that accounting causes for most small business owners. It’s one of those back-office tasks that never cross your mind when you decide to run your own business, and yet it sucks up your day and makes running a successful business that much harder. But there’s hope, and it starts with getting organized. Here are 5 tips I’ve learned by helping business owners trying to tackle their accounting:

  1. Keep it separate. That new backpack for your kids isn’t a business expense, but your business credit card was handy so you used it. Sure, you can pay back your business for a personal expenditure, or the other way around, but if you’re going to do it right you actually have to record an accounting transaction. Things get complicated fast, and you don’t need that headache. By keeping separate bank and credit card accounts for business and personal, you’ll save yourself hours of work and make it easy to keep track of deductible expenses in one place. Some applications can automatically handle the behind-the-scenes accounting for crossover expenses, but even so, we recommend handling business and personal finances as independently as possible.
  2. Call in a pro. Since the days of the abacus, accountants have been trusted and respected allies to small business owners everywhere. Their intimate knowledge of the profession as well as tax laws in their jurisdiction will save you money almost every time. I know how tempting it can be to save a buck and do it yourself, but it’s almost never more cost-efficient in the end. An accountant will almost always find more deductions and keep you penalty-free. On that note, the cleaner your records, the fewer billable hours you’ll have to pay, so make sure you’re organized year-round. But when things get technical or taxes are due, save yourself the money, time and headaches and call in a trusted professional.
  3. Pencil it in. Actually, use a pen. A permanent marker even. Set aside about 15 minutes every week — that’s the equivalent of just one Facebook visit every seven days — to organize your finances, and don’t let other things take priority during this time.  You’ll have more insights into your business, be able to make more informed financial decisions and have everything organized when tax time approaches. Something always feels more pressing than your finances. But when you find the time every week, you’ll feel your stress levels — now and at year-end — fall fast.
  4. Consider your people. When you’re looking for insights into your businesses spending, don’t forget to properly track what is likely one of your biggest expenses: labor. Whether you’re paying a full staff or you’re the only one on the payroll, make sure you’re tracking the costs of wages, benefits, overtime and any other costs associated with labor. By tracking your spending on labor, perks and benefits, you may find you have more money to incentivize your employees — or that you’re outspending your budget. Either way, doing the math now can help you make better decisions later.
  5. Finally, don’t forget to get paid. This one seems pretty obvious, but you would be shocked at how many small business owners don’t properly track invoices and customer payments. If you’re not keeping proper records that you can make sense of at a glance, it could be months before you realize you have outstanding invoices. You could be collecting payments late, or missing some altogether. Make sure you’re properly tracking all payments due and recording when each invoice is paid, how long customers generally take to pay, and which customers you’ve had difficulties collecting payments from in the past.

    -Kirk Simpson