by Fresh Start Tax | Jun 13, 2014 | Tax Help
The dreaded gift tax just another way for the government to stick it to you.
You will find below the most commonly asked questions and the answers that should help you get a better understanding of the gift tax.
If you need representation or need to hire a tax attorney, tax lawyer, or former IRS agents contact us today for free initial tax consultation.
Basis Common questions.
Who pays the gift tax?
The donor is generally responsible for paying the gift tax. Under special arrangements the donee may agree to pay the tax instead.
What is considered a gift?
Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money’s worth) is not received in return.
What can be excluded from gifts?
The general rule is that any gift is a taxable gift.
However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts.
- Gifts that are not more than the annual exclusion for the calendar year.
- Tuition or medical expenses you pay for someone (the educational and medical exclusions).
- Gifts to a political organization for its use.
- In addition to this, gifts to qualifying charities are deductible from the value of the gift(s) made.
May I deduct gifts on my income tax return?
Making a gift or leaving your estate to your heirs does not ordinarily affect your federal income tax.
You cannot deduct the value of gifts you make (other than gifts that are deductible charitable contributions).
If you are not sure whether the gift tax or the estate tax applies to your situation, refer to Publication 559, Survivors, Executors, and Administrators.
How many annual exclusions are available?
The annual exclusion applies to gifts to each donee.
In other words, if you give each of your children $11,000 in 2002-2005, $12,000 in 2006-2008, $13,000 in 2009-2012 and $14,000 on or after January 1, 2013, the annual exclusion applies to each gift.
What if my spouse and I want to give away property that we own together?
You are each entitled to the annual exclusion amount on the gift.
Together, you can give $22,000 to each donee (2002-2005) or $24,000 (2006-2008), $26,000 (2009-2012) and $28,000 on or after January 1, 2013.
What other information do I need to include with the return?
Refer to Form 709 (PDF), 709 Instructions and Publication 559.
Among other items listed:
- Copies of relevant documents regarding the transfer.
- Documentation of any unusual items shown on the return (partially-gifted assets, other items relevant to the transfer(s)).
What is “Fair Market Value?”
Fair Market Value is defined as: “The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.
The fair market value of a particular item of property includable in the decedent’s gross estate is not to be determined by a forced sale price.
Nor is the fair market value of an item of property to be determined by the sale price of the item in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate.” Regulation §20.2031-1.
by Fresh Start Tax | Jun 11, 2014 | Tax Help
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by Fresh Start Tax | Jun 11, 2014 | Tax Help
What You Need to Know about Depositing and Reporting Employment Taxes
Depositing Requirements of Employment Taxes
You must deposit federal income tax withheld, and both the employer and employee social security and Medicare taxes.
There are two deposit schedules, monthly and semi-weekly.
Before the beginning of each calendar year, you must determine which of the two deposit schedules you are required to use.
To determine your payment schedule, review Publication 15 for Forms 941, 944 and 945, or Publication 51 for Form 943.
If you fail to make a timely deposit, you may be subject to a failure-to-deposit penalty of up to 15 percent.
Deposits for FUTA Tax (Form 940) are required for the quarter within which the tax due exceeds $500.
The tax must be deposited by the end of the month following the end of the quarter.
You must use electronic funds transfer (EFTPS) to make all federal tax deposits. See the Employment Tax Due Dates page for information on when deposits are due.
Reporting Employment Taxes
Employers must report wages, tips and other compensation paid to an employee by filing the required form(s) to the IRS.
You must also report taxes you deposit by filing Forms 940, 941 and 944 on paper or through e-file.
Federal Income Tax and Social Security and Medicare Tax
Employers who withhold federal income tax or social security and Medicare taxes must file Form 941, Employer’s Quarterly Federal Tax Return each quarter.
This includes withholding on sick pay and supplemental unemployment benefits
File Form 943, Employer’s Annual Federal Tax Return for Agricultural Employees if you are filling to report agricultural wages.
File Form 944, Employer’s Annual Federal Tax Return if you have received written notification about the Form 944 program.
File Form 945, Annual Return of Withheld Federal Income Tax if you are filing to report backup withholding.
Federal Unemployment Tax Act (FUTA)
Only the employer pays FUTA tax; it is not withheld from the employee’s wages.
Report your FUTA taxes by filing Form 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return.
Preparing and Filing Form W-2
At the end of the year, the employer must complete Form W-2, Wage and Tax Statement to report wages, tips and other compensation paid to an employee.
File Copy A of all paper Forms W-2 with Form W-3, Transmittal of Wage and Tax Statements, to the Social Security Administration (SSA).
File Copy 1 to an employee’s state or local tax department.
by Fresh Start Tax | Jun 10, 2014 | Tax Help
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by Fresh Start Tax | Jun 10, 2014 | Tax Help
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