US Citizen or US Permanent Resident

 

(US citizens, US green card holders and Resident Aliens living in the US)

 

Who is a Resident Alien of the United States for Tax Purposes?

Resident Aliens

You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1–December 31). Even if you do not meet either of these tests, you may be able to choose to be treated as a U.S. resident for part of the year.

Green Card Test

You are a resident for tax purposes if you are a lawful permanent resident of the United States at any time during the calendar year. This is known as the “Green Card” test. You are a lawful permanent resident of the United States at any time if you have been given the privilege, according to the immigration laws, of residing permanently in the United States as an immigrant. You continue to have resident status under this test unless the status is taken away from you or is administratively or judicially determined to have been abandoned.

Resident status taken away.   Resident status is considered to have been taken away from you if the U.S. government issues you a final administrative or judicial order of exclusion or deportation. A final judicial order is an order that you may no longer appeal to a higher court of competent jurisdiction.

 

Resident status abandoned.   An administrative or judicial determination of abandonment of resident status may be initiated by you, the USCIS, or a U.S. consular officer.

If you initiate the determination, your resident status is considered to be abandoned when you file either of the following with the USCIS or U.S. consular officer.

1.      Your application for abandonment.

2.      Your Alien Registration Receipt Card attached to a letter stating your intent to abandon your resident status.

You must file the letter by certified mail, return receipt requested. You must keep a copy of the letter and proof that it was mailed and received.

If the USCIS or U.S. consular officer initiates this determination, your resident status will be considered to be abandoned when the final administrative order of abandonment is issued. If you are granted an appeal to a federal court of competent jurisdiction, a final judicial order is required

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1.      31 days during the current year, and

2.      183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

a.      All the days you were present in the current year, and

b.      1/3 of the days you were present in the first year before the current year, and

c.      1/6 of the days you were present in the second year before the current year.

Example.

You were physically present in the United States on 120 days in each of the years 2002, 2003, and 2004. To determine if you meet the substantial presence test for 2004, count the full 120 days of presence in 2004, 40 days in 2003 (⅓ of 120), and 20 days in 2002 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2004.

The term United States includes the following areas.

1.      All 50 states and the District of Columbia.

2.      The territorial waters of the United States.

3.      The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources.

The term does not include U.S. possessions and territories or U.S. airspace.

This image is too large to be displayed in the current screen. Please click the link to view the image.

Figure 1-A Nonresident Alien or Resident Alien?

Days of Presence in the United States

You are treated as present in the United States on any day you are physically present in the country at any time during the day. However, there are exceptions to this rule. Do not count the following as days of presence in the United States for the substantial presence test.

·         Days you commute to work in the United States from a residence in Canada or Mexico if you regularly commute from Canada or Mexico.

·         Days you are in the United States for less than 24 hours when you are in transit between two places outside the United States.

·         Days you are in the United States as a crew member of a foreign vessel.

·         Days you are unable to leave the United States because of a medical condition that develops while you are in the United States.

·         Days you are an exempt individual.

Regular commuters from Canada or Mexico.   Do not count the days on which you commute to work in the United States from your residence in Canada or Mexico if you regularly commute from Canada or Mexico. You are considered to commute regularly if you commute to work in the United States on more than 75% of the workdays during your working period.

For this purpose, “commute” means to travel to work and return to your residence within a 24-hour period. “Workdays” are the days on which you work in the United States or Canada or Mexico. “Working period” means the period beginning with the first day in the current year on which you are physically present in the United States to work and ending on the last day in the current year on which you are physically present in the United States to work. If your work requires you to be present in the United States only on a seasonal or cyclical basis, your working period begins on the first day of the season or cycle on which you are present in the United States to work and ends on the last day of the season or cycle on which you are present in the United States to work. You can have more than one working period in a calendar year, and your working period can begin in one calendar year and end in the following calendar year.

Days in transit.   Do not count the days you are in the United States for less than 24 hours and you are in transit between two places outside the United States. You are considered to be in transit if you engage in activities that are substantially related to completing travel to your foreign destination. For example, if you travel between airports in the United States to change planes en route to your foreign destination, you are considered to be in transit. However, you are not considered to be in transit if you attend a business meeting while in the United States. This is true even if the meeting is held at the airport.

Crew members.   Do not count the days you are temporarily present in the United States as a regular crew member of a foreign vessel engaged in transportation between the United States and a foreign country or a U.S. possession. However, this exception does not apply if you otherwise engage in any trade or business in the United States on those days.

Medical condition.   Do not count the days you intended to leave, but could not leave the United States because of a medical condition or problem that developed while you were in the United States. Whether you intended to leave the United States on a particular day is determined based on all the facts and circumstances. For example, you may be able to establish that you intended to leave if your purpose for visiting the United States could be accomplished during a period that is not long enough to qualify you for the substantial presence test. However, if you need an extended period of time to accomplish the purpose of your visit and that period would qualify you for the substantial presence test, you would not be able to establish intent to leave the United States before the end of that extended period.

You cannot exclude any days of presence in the United States under the following circumstances.

1.      You were initially prevented from leaving, were then able to leave, but remained in the United States beyond a reasonable period for making arrangements to leave.

2.      You returned to the United States for treatment of a medical condition that developed during a prior stay.

3.      The condition existed before your arrival in the United States and you were aware of the condition. It does not matter whether you needed treatment for the condition when you entered the United States.

Exempt individual.   Do not count days for which you are an exempt individual. The term “exempt individual” does not refer to someone exempt from U.S. tax, but to anyone in the following categories.

1.      An individual temporarily present in the United States as a foreign government-related individual.

2.      A teacher or trainee temporarily present in the United States under a “J” or “Q” visa, who substantially complies with the requirements of the visa.

3.      A student temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa, who substantially complies with the requirements of the visa.

4.      A professional athlete temporarily in the United States to compete in a charitable sports event.

 

Personal Guide to Compiling and Organizing Your Tax Documents.
 
Have you got EVERYTHING to do your taxes?

What you really need to do?

 

While the tax laws may change from year to year, the basic information you need to do your return or take to your tax preparer doesn't change that much from year-to-year. What may change is what you can DO with the information. So, here's a reference of all the data you might need and who should have it or keep track of it.

Personal data

-          Social Security numbers (including spouse and children). These are required to qualify for exemptions.

-          Your child care provider's tax I.D. or Social Security number. This is critical to qualify for child care credits.

Employment & income data

-          W-2 forms for this year. These come from your employer.

-          Partnership and trust income. Data for these should come from an accountant or financial institution

-          .Pensions and annuities. Data should come from the financial institution, insurance company selling the annuity or pension fund.

-          Alimony received. Tax information should come from your ex-spouse or his representative. The former spouse will want your Social Security number to be able to deduct any alimony payments.

-          Jury duty pay. Data should come from the court clerk.

-          Gambling and lottery winnings. This data should come from the casino or lottery authority. Form W-2G

-          Prizes and awards. Data should come from the award givers. Form 1099-MISC.

-          Scholarships and fellowships. Data should come from the administrators of these programs. Form 1099-MISC.

-          State and local income tax refunds. Data should come from the taxing authorities.

Homeowner/renter data

-          Residential address(es) for this year. This is your responsibility.

-          Mortgage interest: Form 1098. Your lender will send you this data.

-          Sale of your home or other real estate: Form 1099-S. Your lender or closing agent should send you this.

-          Second mortgage interest paid. Your lender should send you this data.

-          Real estate taxes paid. Your county clerk or lender should send you this data.

-          Rent paid during tax year. You need to generate this data.

-          Moving expenses. If your expenses are reimbursed by an employer, the employer will furnish you with data on the moving costs.

Financial assets

-          Interest income statements: Form 1099-INT & 1099-OID. Financial institutions will provide this data.

-          Dividend income statements: Form 1099-DIV. This will come from this company paying the dividends.

-          Proceeds from broker transactions: Form 1099-B. Your brokers should furnish this data.

-          Tax refunds & unemployment compensation: Form 1099-G. The issuing agencies should send this information.

-          Miscellaneous income including rent: Form 1099-MISC. This should come from whoever distributes the income.

-          Retirement plan distribution: Form 1099-R. Whoever sends out your pension checks should send you this data on Form 1099-R.

Financial liabilities

-          Auto loans and leases (account numbers and car value) if vehicle used for business. You can get this data from the lender or leasing company.

-          Student loan interest paid. The lender should furnish this data.

-          Early withdrawal penalties on CDs and other time deposits. This data should come from the financial institution.

Automobiles

-          Personal property tax information. This data should come from the taxing authority.

Deductible expenses

-          Gifts to charity (receipts for any single donations of $250 or more). This should come from the charity.

-          Unreimbursed expenses related to volunteer work. You will need to keep your own records for this.

-          Unreimbursed expenses related to your job (travel expenses, entertainment, uniforms, union dues, subscriptions). You will need to keep this data.

-          Investment expenses. Your broker will furnish some data. Travel, phone and other relates expenses are your responsibility to track.

-          Job-hunting expenses. You will need to keep this data.

-          Education expenses. You will need to keep this data. But if you qualify for Hope or Lifetime credits or other college deductions, the college involved will send you the data on the qualifying expenses you've paid.

-          Child care expenses. You will need to keep this data.

-          Medical Savings Accounts. The institution handling the account will be able to generate any data.

-          Adoption expenses. You will need to track this data.

-          Alimony paid. You or the authority dispersing funds will need to keep this data. To deduct this expense, you will need the recipient's Social Security number.

-          Tax return preparation expenses and fees. Your preparer can furnish this data to you.

Self-employment data

-          K-1s on all partnerships. The partnership management should generate this data.

-          Receipts or documentation for business-related expenses. This is data you should keep and track.

-          Farm income. You or an accountant should tack this information. (Schedule F).

Deduction documents

-          Federal, state & local estimated income tax paid for current year: Estimated tax vouchers, cancelled checks & other payment records. You must keep copies of this data and track it.

-          IRA, Keogh & other retirement plan contributions. You can get this information from your financial institutions.

-          Medical expenses. You must track this data.

Casualty or theft losses

-          Other miscellaneous deductions. You will need to file Form 4684.

 

 

 

Frequently Asked Questions

 

Personal and Dependents

Q. What are my Filing Status options?

A. Following are definitions of each filing status and some general rules:

Single

You fall in the "singles" category if you aren’t married at year-end and don’t qualify to use the lower surviving-spouse or head-of-household rates.

Married Filing a Joint Return

If you are married on the last day of the year, you can file a joint return. This applies even if you are separated from your spouse and pursuing a divorce. Unless the divorce is final by the end of the year, the IRS considers you married, and you can’t file a return as a single taxpayer. If you were married for any part of the year but were widowed at year-end you file a joint return for yourself and your deceased spouse.

Surviving Spouse

For up to two years after the year in which your spouse dies you may be able to continue using the joint-return rates rather than moving immediately into higher brackets. Not every widow and widower qualifies, though. Most, in fact, do not.

To be a qualifying surviving spouse - sometimes called a qualified widow or widower - you must meet four tests:

-          You must have been eligible to file a joint return for the year your spouse died.

-          You must not have remarried. (But if you did, you can use the joint-return rates by filing with your new spouse.)

-          You must have a child, stepchild or foster child who qualifies as your dependent.

-          You must have paid more than half the cost of maintaining your home, which is the principal residence of the child for the entire year (except for temporary absences). 

Head of Household

This category causes lot confusion, particularly among young people starting out on their own. Generally, head-of-household status is used by divorced women with small children at home. But it can also pay off for divorced or widowed parents whose grown children return to the nest after college or following a divorce. To earn the head-of-household title and the right to use the lower-than-single tax rates, you basically have to be providing a home for a child or other relative. To qualify:

You must be unmarried at the end of the year. (Even if you’re legally married at year-end you can pass this test under a special "abandoned spouse" rule if your spouse didn’t live with you during the last six months of the year.)

You must pay more than half the cost of keeping up the principal home for yourself and a child or other relative you can claim as a dependent. If the child (including a grandchild, stepchild or adopted child) is unmarried, he or she doesn’t have to qualify as your dependent to earn you head-of-household status. Any other relative living with you, however, must pass the dependency tests.

Since the dependency test doesn’t apply when single children are involved, you can claim this tax-saving status regardless of how much money the boomerang child makes — as long as you meet the other tests. 

In most cases, you and the child or other relative must share the same house for more than six months of the year. There is an exception, however, if you are paying more than half the cost of maintaining a home for your dependent mother or father for the entire year. In that case, he or she does not have to live with you for you to qualify for head-of-household tax status. If you are paying more than half the cost of a nursing home for your dependent parent, for example, you can qualify. When figuring whether you pay more than half the cost of maintaining a home, count such expenses as rent or mortgage interest, taxes, insurance on the home, repairs, utilities, domestic help and food eaten at home. Don’t count the cost of clothing, education, medical treatment, vacations, life insurance or transportation. 

Note: If you qualify as a surviving spouse, you may be able to meet the head-of-household test once your two-year use of the joint rates runs out. Head-of-household rates are lower than those that apply to singles.

Married Filing Separately

This filing status almost never makes sense. The rare circumstances in which it can pay off usually involve a husband and wife with similar incomes who by splitting the income on separate returns can claim deductions that would elude them on a joint return. One often-cited reason for filing separate returns, for example, is if one spouse has significant medical bills. Such expenses are deductible only to the extent that they exceed 7.5% of adjusted gross income. Splitting income on separate returns might squeeze out a bigger medical deduction for one spouse, but only in very special circumstances would the tax savings offset the cost of skipping the advantages that come by filing a joint return. There are many factors to consider, some costly, before filing separately:

-          One spouse can’t claim the standard deduction if the other itemizes. If one itemizes, both must.

-          On separate returns, you can’t claim the child-care credit. 

The $25,000 passive-loss allowance for active rental real estate investors is not allowed on separate returns. 

Q. What is the benefit of using the filing status "head of household?"

A. If you can file as head of household, your tax rate generally is lower than the rates for single people or people who are married filing separately. You also receive a higher standard deduction

Head of household is one of five filing statuses you can use when you file your tax return. Your tax bracket, your standard deduction, and certain deductions and credits you're allowed to take depend on your filing status.

To file as head of household, you must be unmarried (or considered) on the last day of the year. You also must have paid more than half the cost of keeping up a home for you and someone else for more than half a year.

Q. My mom lives with us. Can we claim her as a dependent?

A. Your mother is your dependent if she meets all five of the dependency tests explained in what are the dependency tests?

If she meets all five dependency tests but she files her own tax return anyway, you can still take an exemption for your mother, but she can't claim her own personal exemption on her return.

Even if she doesn't quite qualify as your dependent, you might be able to deduct her medical expenses that you pay for.

Q. What's the advantage to having dependents?

A. How does claiming a dependent give you a tax advantage? You can take one exemption for each person you can claim as a dependent. Exemptions reduce your taxable income, because you can deduct specific amounts, per person, from your taxable income.

Q. What are the dependency tests?

A. Anyone you want to claim as your dependent must meet all of the following dependency tests:

·         Relationship. Your dependent must have a certain family relationship to you or to your spouse, OR be a member of your household for the entire year. Your dependent doesn't have to be both related to you and live with you the entire year.

·         No joint tax return. If your dependent is married, except in certain circumstances, your dependent and his or her spouse may not file a joint income tax return.

·         Citizen or resident. Your dependent must be a citizen or resident of the U. S., Canada, or Mexico. This test rules out foreign exchange students who, although they may reside in your household for the required length of time, normally do not receive full resident tax status.

·         Income. Except for dependent children under 19, or a dependent child who is a full-time student under the age of 24, your dependent's income must be less than the amount allowed for a dependency deduction. In 2003, this amount is $3,050.

·         Support. You must provide more than half of your dependent's support during the year, in most cases. The main exception is if you are part of a multiple support agreement team where no one person pays more than half the support of your dependent, you may be able to claim a dependency exemption if you and the other supporters agree to give the exemption to you. If you are a single parent, there are other special rules that may be in your favor.

Q. How much do I get to deduct for a dependent?

A. In 2003, the amount you can deduct (called an "exemption") for a dependent on your tax return is $3,050. This amount usually increases each year.

If you have two dependents, you can deduct $3,050 per dependent, for a total deduction of $6,100. If you have three dependents, the total deduction is $9,150, and so on.

There is a limit, though. If you're a high-income taxpayer, your deductions for exemptions may be phased out. This means that at a certain income, you can't take the full deduction of $3,050 per dependent in 2003. At even higher incomes, the deduction amount for your dependents is zero.

Q. Can we still claim our 21-year-old daughter as a dependent?

A. The rule is that you can claim your daughter as a dependent as long as she is either under 19 or a full-time student age 24 or under, and you provide at least half of her support.

Q. Who is considered a student?

A. To qualify as a student, your daughter must have been, during some part of each of five calendar months (not necessarily consecutive) during 2003:

·         A full-time student at a school that has a regular teaching staff, a regular course of study, and a regularly enrolled student body in attendance; or

·         A student taking a full-time, agricultural-related training course on a farm, given either by a school like that just described or by a state, county, or local government.

A full-time student is someone who is enrolled for the number of hours or courses the particular school considers to be full-time attendance.

The term "school" includes elementary schools; junior and senior high schools; colleges; universities; and technical, trade, and vocational schools. It does not include on-the-job training courses, correspondence schools, or night schools.

Q. What is considered support?

A. To figure out if you provided more than half of her support, you must first determine the total support provided. Total support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities.

None of these expenses is tax deductible, but they all count toward support in determining whether you can claim her as a dependent.

If your daughter received any tax-free scholarships or grants while she was a full-time student, they are considered part of her income. You may be able to ignore these amounts when you consider whether you provided more than half of her support.

Q. My child is a student attending college and working part-time. Does he have to file a tax return?

A. Whether he has to file a tax return depends on his filing status, age, and gross income. Assuming he is a U.S. citizen or resident alien, and he is not blind, he must file a return if he can be claimed as a dependent on another person's return, he had any unearned income, and his total income was more than $750. Examples of unearned income are taxable interest, dividends, capital gains, and trust distributions. A dependent with earned income must file a return only if his or her gross income is more than his or her standard deduction amount.

Q. My daughter is my dependent and receives dividend income. Does she need to file a federal income tax return?

A. A federal income tax return usually must be filed for a child whose income included investment income, such as interest and dividends, and totals more than $750. There are special rules that affect the tax on certain investment income of a child under age 14.

 

INVESTMENT

Q. I own stock which became worthless last year. Can I take a bad debt deduction on my tax return?

A. If you own securities and they become totally worthless, you can take a deduction for a loss, but not for a bad debt.

The worthless securities are treated as though they were capital assets sold on the last day of the tax year if they were capital assets in your hands.

Q. How Are Interest & Dividends Taxed?

A. You are taxed on interest or dividends paid or credited to you during the year. The amounts reportable on your tax return will usually be shown on Form 1099-INT or Form 1099-DIV you receive from the payer during the year. However, this income is reportable even if you did not receive such a document.

Q. How Do I Determine My Gain or Loss on Stock or Mutual Funds?

A. If you sell shares in a mutual fund, even if you "reinvest" the proceeds in another fund, the transaction is considered the sale of stock and reportable on Form 1040, Schedule D.

The mutual fund should issue you Form 1099-B showing the gross proceeds of the shares you sold. Some companies will also include an "average cost basis" statement, which saves you the trouble of calculating the cost basis of the shares you sold.

Other Income and Adjustment

Q. I received a Form 1099-G, for my state tax refund. Do I have to include this amount as income on my return?

A. If you itemized deductions on your federal tax return for 2002 or a prior year, and received a refund of state or local taxes in 2003, you may have to include all or part of the refund as income on your 2003 tax return.

If you did not itemize your deductions on your federal tax return for the same year as the refund, do not report any of the refund as income.

 

 

Q. I received an academic scholarship that is designated to be used for tuition and books. Is this taxable?

A. Qualified scholarships and fellowships are treated as tax-free amounts if all of the following conditions are met:

You are a candidate for a degree at an educational institution,

Amounts you receive as a scholarship or fellowship are used for tuition and fees required for enrollment or attendance at the educational institution, or for books, supplies, and equipment required for courses of instruction, and

The amounts received are not a payment for your services.

Q. Are child support payments considered taxable income?

A. No. Some types of income taxpayers receive are not taxable and child support is one of them. When you total your gross income to see if you are required to file a tax return, do not include your nontaxable income.

Q. Are gifts, bequests, or inheritances taxable?

A. Generally, property you receive as a gift, bequest, or inheritance is not included in your income. However, if property you receive this way later produces income such as interest, dividends, or rentals, that income is taxable to you.

Q. Is the money received from my settlement taxable?

A. For court awards and damages, to determine if settlement amounts you receive by compromise or judgment must be included in your income, you must consider the item which the settlement replaces. Include the following as ordinary income:

-          Interest on any award.

-          Compensation for lost wages or lost profits in most cases.

-          Punitive damages.

-          Amounts received in settlement of pension rights (if you did not contribute to the plan).

Damages for:

-          Patent or copyright infringement.

-          Breach of contract.

-          Interference with business operations.

-          Any recovery under the Age Discrimination in Employment Act.

Do not include in your income compensatory damages for the following: Personal physical injury or physical sickness (whether received in a lump-sum or installments).

Special rules apply for amounts received after

-          Damages to your character.

-          Alienation of affection.

-          Surrender of custody of a minor child.

Q. I want to establish an individual retirement arrangement (IRA) for me and my spouse but I need additional information. What is the most I can contribute during the tax year?

A. Both you and your spouse can contribute up to $3,000. Individuals age 50 and over can make an additional $500 contribution, raising their maximum contribution limit for 2003 to $3,500.

Q. Can I deduct alimony paid to my former spouse?

A. If you are divorced or separated, you may be able to deduct the alimony or separate maintenance payments that you are required to make to your spouse or former spouse, or on behalf of that spouse.

Q. I moved to a different state to accept a new job. Will I be able to deduct all of my moving expenses?

A. If you moved because of a change in your job location or because you started a new job, you may be able to deduct your moving expenses. To qualify for the moving expense deduction, you must meet two tests. The first test is distance. The second test concerns time. You can only deduct certain moving expenses that were not reimbursed by your employer.

Q. Can I take a deduction for the interest I paid on my student loan?

A. Taxpayers who have taken loans to pay the cost of attending an eligible educational institution for themselves, their spouse, or their dependent generally may subtract from income the interest they pay on these student loans.

Q. What Income Is Tax Free?

A. Interest on municipal obligations is generally tax-free, though it has to be listed on Form 1040. Some municipal interest may be subject to the Alternative Minimum Tax.

Other tax-free income generally includes life insurance payments received on death of the insured, compensatory settlements for physical injuries (such as in a car accident), gifts, health or accident insurance proceeds (unless you deducted the expenses on a previous return and received a tax benefit), child support, scholarships and grants used for educational expenses (not board), veteran's benefits, welfare benefits, food stamps, workmen's compensation benefits, rebates on purchases of personal property, most inheritances.

Q. Are Lawsuit or Accident Settlements Taxable?

A. Settlements to compensate you for physical injuries or sickness suffered in an accident are tax-free. So is the amount paid to compensate you for loss of your car, or medical expenses, except to the extent that those expenses were deducted in an earlier year and provided a tax benefit.

Punitive damages awarded in a lawsuit, and any damages award for non-physical injuries, are generally taxable.

Your legal expenses in obtaining a judgment in your favor can be deducted only in the same proportion as the resulting damages are taxable to you. For example, if your attorney won damages for your physical injury that were 80% compensatory (not taxable) and 20% punitive (taxable), only 20% of the fee paid to him can be claimed as a miscellaneous itemized deduction, subject to the 2% of AGI limitation.

Q. What Moving Expenses Are Deductible?

A. If you incur moving expenses in connection with a change in work location, some of your expenses may be deductible, whether or not you can itemize deductions.

In order to qualify for any deduction, your new principal work place must have increased your potential commute by 50 or more miles. That is, the distance from your new work place to your old home is at least 50 miles more than the distance from your old workplace to your old home.

Also, you must be employed at your new location for at least 39 weeks during the 12 months following your move. If you are self- employed, you must work full time in that general area for at least 39 of the 12 months following the move, and 78 weeks during the first two years. (These rules do not apply if you retire due to disability, or you are laid off or terminated for a reason other than misconduct.)

Form 3903 lists the deductible expenses, which are:

-          Transportation and storage of household goods and personal effects during the move, and

-          Travel and lodging (but not meals) of moving you, your spouse and dependents, from your old to your new residence. If you use your personal vehicle, you can deduct either the actual expenses involved for gas and oil (but not maintenance, insurance or depreciation), or a flat 9 cents per mile.

You may NOT deduct:

-          pre-move house-hunting trips

-          temporary living expenses

-          costs of selling/renting/buying your old or new home.

If you are reimbursed by your employer for deductible moving expenses, the total of those reimbursements will be listed as a "memo entry" on Form W-2, but will NOT be included in your taxable wages. No deduction is allowed or necessary.

However, if your employer paid other expenses for your relocation that are not allowed as deductible moving expenses, these are taxed to you as additional wages.

Itemized Deductions

Q. Should I itemize?

A. Itemize your deductions if they total more than your standard deduction.

You can either itemize (or deduct) the expenses or take the standard deduction. Choose the one that benefits you the most -- you can't do both.

Q. What is the standard deduction?

A. You can take either the standard deduction or you can itemize your tax-deductible expenses.

The standard deduction for 2003 depends on your marital status, as follows:

            Filing status                                                   Standard Deduction

-          Single                                                       $4,750

-          Unmarried head of Household             $7,000

-          Married filling joint or                            $9,500

-          Qualifying widow(er)                              $9,500

-          Married filing separate                          $4,750

Additional standard deduction

You are also allowed an additional standard deduction of $1,150 for a single taxpayer ($900 per spouse if filing jointly) if one of the following circumstances is true:

·         You are age 65 or older by the end of the year (you are considered to be 65 on the day before your 65th birthday).

·         You are blind as of the last day of the year (you are blind if either: you cannot see better than 20/200 in your better eye with glasses, or your field of vision is not more than 20 degrees).

Q. What types of itemized deductions can I take?

A. There are six main categories of itemized expenses that you can deduct on your taxes:

·         Medical and dental expenses

·         Taxes

·         Interest expense

·         Charitable contributions

·         Casualty and theft losses.

·         Miscellaneous Deductions

Q. Are there any limits to the itemized amounts I can deduct?

A. You can deduct only certain amounts of some types of itemized deductions. The amount you can deduct is based on different limits, depending on the type of itemized deduction.

Floors

Most of the limits are figured using a percentage of your adjusted gross income (AGI).

Your actual deduction will be calculated by taking your total expense, for that type of deduction, and then subtracting the appropriate percentage of your AGI.

For example, your miscellaneous itemized deductions must be greater than 2% of your adjusted gross income before you get a tax benefit for any of those expenses.

This type of percentage limit is called a floor, because you have to come up to the floor before you can start deducting any of the expenses.

Itemized deductions

Here are some of the expenses you can deduct and their limitations:

Medical and dental expenses

As a general rule, you can deduct any expense you pay for the prevention, diagnosis, or medical treatment of physical or mental illness, and any amounts you pay to treat or modify any structure or function of the body for health purposes (but not for cosmetic reasons). You can also deduct transportation costs for getting to where you can receive this kind of medical care, your health insurance premiums, and your costs for prescription drugs and insulin.

Your medical expenses must equal at least 7.5% of your adjusted gross income before they give you a tax benefit. This means that the medical expenses needed to meet the 7.5% floor don't give you a tax benefit.

Interest expense

Interest on both your primary residence and one other residence is deductible.

The limits on deductible home mortgage interest expense are:

·         You can deduct interest on up to $1,000,000 in acquisition debt (which usually is your original mortgage).

·         You can deduct interest on up to $100,000 in home-equity debt.

Personal interest (such as credit card debt) is not deductible. However, the Taxpayer Relief Act of 1997 gave us new law that might allow you to deduct interest paid on student loans beginning in 1998. The best part about the new law is that you can take the deduction even if you don’t itemize deductions.

Charitable contributions

Deduct your charitable contributions in the year you make them. For most contributions, the maximum you can deduct in one year is 50% of your adjusted gross income. However, there are certain types of contributions that have a limit of 20% or 30% of your adjusted gross income.

If your contributions go over the limit, you can carry the unused deduction forward to the next tax year. However, be sure to enter all of your contributions on this year’s return, or the IRS won’t know why you are claiming a carryover deduction next year.

Casualty and theft losses

For most personal casualties and thefts, deduct the loss in the year it happened. If you have a loss in a federally declared disaster area, you might be able to deduct the loss in another year.

The limit on casualty and theft loss deductions, for non-business property, is:

·         The total of your casualty and theft losses must be more than 10% of your adjusted gross income (AGI), plus $100, before you will receive a tax benefit.

Miscellaneous deductions

Miscellaneous deductions are usually unreimbursed employee expenses or business and investment expenses.

The total of your miscellaneous deductions must be more than 2% of your adjusted gross income before you can start deducting anything.

The floor on miscellaneous deductions is 2% of your adjusted gross income.

Let’s say your adjusted gross income is $10,000, so 2% of $10,000 is $200. This means that to meet the 2% floor, you must have at least $200 in miscellaneous expenses.

However, only the amount over the $200 actually reduces your taxable income.

Now let’s say that you have $500 in miscellaneous expenses. The first $200 meets the 2% floor limit, leaving you with $300 that you can deduct from your taxable income.

Q. May I deduct my home improvements and repairs to my home?

A. Home improvements add to the value of your home, prolong its useful life, or adapt it to new uses. You add the cost of improvements to the basis of your property.

Examples of improvements include putting a recreation room in your unfinished basement, adding another bathroom, or bedroom, putting up a fence, putting in new plumbing or wiring, putting on a new roof, or paving your driveway.

Q. I took an accounting course in order to keep my salary on my current job. My employer did not reimburse me for the expenses. Can I take a deduction on my tax return for the cost of the course?

A. You may be able to deduct work-related educational expenses as an itemized deduction on Form 1040, Schedule A. To be deductible, your expenses must be for education that:

Maintains or improves skills required in your present job, or

Serves a business purpose and is required by your employer, or by law or regulations, to keep your salary, status, or job.

Your expenses are not deductible if the education is required to meet the minimum educational requirements of your job or is part of a program that will lead to qualifying you in a new trade or business.

Q. How do I deduct and substantiate my gambling losses?

A. You can deduct gambling losses only if you itemize deductions. Claim your gambling losses as a miscellaneous deduction on Schedule A, Form 1040. However, the amount of losses you deduct cannot total more than the amount of gambling income you have reported on your return. It is important to keep an accurate diary or similar record of your gambling winnings and losses.

Q. I just bought a home. What can I deduct from the settlement statement?

A. If you bought your home, you probably paid settlement or closing costs in addition to the contract price. These costs are divided between you and the seller according to the sales contract, local custom, or understanding of the parties. If you built your home, you probably paid these costs when you bought the land or settled on your mortgage.

The only settlement or closing costs you can deduct are home mortgage interest and certain real estate taxes. You deduct them in the year you buy your home if you itemize your deductions. You can add certain other settlement or closing costs to the basis of your home. There is some settlement or closing costs that you cannot deduct or add to the basis.

Real estate taxes are usually divided so that you and the seller each pay taxes for the part of the property tax year that each owned the home.

Q. My spouse and I are filing separate returns. How can we split our itemized deductions?

A. If you and your spouse file separate returns and one of you itemizes deductions, the other spouse will not qualify for the standard deduction and should also itemize deductions.

You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse. Deductible expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse who pays them. If these expenses are paid from community funds, the deduction may depend on whether or not you live in a community property state. In a community property state, the deduction is divided equally between you and your spouse.

Q. What is "Itemizing" and is it beneficial to me?

A. "Itemizing" is listing on the Schedule A of Form 1040 all amounts you paid during the year for certain items such as medical and dental care, state and local income taxes, real estate taxes, home mortgage interest, and gifts to charity.

When you complete your list, you total the amount spent and compare the total with your standard deduction. The larger of the two deductions, standard or itemized, will be the deduction to choose, since it will lower the amount of federal income tax you will owe.

Q. I refinanced my home last year and paid points. Are they all deductible this year?

A. No. Points paid solely to refinance your home mortgage cannot be deducted in the year paid. Instead, they must be deducted over the life of the loan.

Q. What Taxes Are Deductible?

A. You can deduct, on Schedule A as an itemized deduction, certain taxes that were imposed on you that you paid during the year. You cannot deduct taxes paid for another party, if you are not also liable for payment of the tax.

Deductible taxes include:

·         State and local income tax.

·         Payments to certain state benefit funds (including California state disability insurance) that are imposed as taxes.

·         Foreign income taxes (unless you elect to claim the credit on Form 1116).

·         Real estate taxes on property you own (but not just amounts impounded by the mortgage company, until the taxes are actually remitted to the taxing authority).

·         Your share of real estate taxes on a co-op apartment.

·         Personal property taxes.

You CANNOT deduct:

·         Federal income taxes.

·         FICA tax withheld.

·         Charges imposed by taxing districts for improvements or services, such as garbage collection or sewers.

·         Sales taxes.

·         Federal and state excise taxes.

·         Fees for drivers licenses, dog licenses, hunting or fishing licenses.

Q. What Interest Is Deductible?

A. You can deduct on Schedule A interest that qualifies as home mortgage interest. This includes two categories:

·         Interest on loans used to buy or improve your primary or second residence, and secured by either of those properties. The total debt cannot exceed one million dollars.

·         Interest on a loan secured by your primary or second residence that does NOT qualify under the previous heading. This would be considered home equity debt, and such loans cannot exceed an additional $100,000.

A "second home" can include a house, cabin, boat, travel trailer or motor-home, as long as it contains sleeping, toilet and kitchen facilities. Interest on loans that are for boats, trailers or motor-homes are not deductible for purposes of calculating the Alternative Minimum Tax.

You can also deduct "Points" paid on loans used for the purchase, refinancing or improvement of your primary or second home, but pro- rata over the life of the loan. [For example, if you refinanced your 30 loan in August, you can deduct 5/360ths of the Points paid in that year.] The Points paid must be expressed (as a loan origination fee or loan discount) on the closing settlement statement, and must not be excessive for such loans.

There is an exception for Points paid on the original purchase of a primary residence. You can deduct the points paid, by you OR the seller, in full, in the year of purchase.

If you pay off or refinance a loan on which you have been writing off Points over a period of months, you can deduct any unamortized points in full when that loan is paid off.

You can also deduct interest incurred on loans to carry investment property, including margin loan interest and loans to invest in a partnership or corporation business. The deduction is limited to investment income received during the year, and is computed on Form 4952.

Q. What Are Deductible "Investment" Expenses?

A. In general, expenses related to the production of taxable investment income are deductible as miscellaneous itemized deductions subject to the 2% of AGI limitation.

These would include investment advice fees, publications, brokerage fees (if for purchase or sale of securities, these are instead considered part of the tax basis of the security), software for investment tracking, pro-rated costs of a computer used for investments purposes (See separate FAQ regarding computers), online service charges incurred for investment advice access, postage and telephone charges regarding investments, etc.

You may not deduct travel as an investment expense.

Q. What Are Employee Business Expense?

A.

·         If you use your car for business purposes, you may be able to deduct some of your operating expenses or take the standard mileage rate. The cost of commuting between home and your work is not deductible.

·         If you travel on business, either in-town or out-of-town, and your employer does not reimburse your expenses, you may deduct many of them on your income tax return.

·         If you entertain a business associate at a restaurant, you can deduct 50% of the business-related meal. Be sure to keep the receipts and a record of the business purpose.

·         Your professional library can also be a source of tax deductions. Books, magazines and journals related to your field can be deducted.

·         The uniform your company requires you to wear may also be a deduction. If the uniform is not suitable for everyday wear, the cost of the uniform and the upkeep may be deductible.

·         Education expenses related to your work may also be deductible. Courses designed to help maintain your skills in your present job are generally deductible. Plus, the mileage from work to school, usually one way only, is deductible.

·         If you are looking for a job in your same field, expenses such as employment agency fees and resume preparation are deductible. So are the miles driving to and from the interview? The expenses for an out-of-town interview are deductible if you are paying for them.

·         Out-of-town conventions can also be deducted if not paid for by your company, so save receipts for your lodging and meals. If the convention was in town, your mileage to and from the convention location may be deductible.

Credits

Q. Is any of the money I pay for daycare tax deductible?

A. You may be able to deduct 20% to 30% of your daycare expenses directly from your tax bill, as long as your expenses are to enable you to work or look for work. The best part of this is that you don't have to itemize your deductions to claim this credit.

Q. Can I get the earned income credit?

A. You may be able to take this credit if a child didn't live with you and you earned less than $11,230 (12,030 for MFJ)). You may also be able to take this credit if a child lived with you and you earned less than $29,666 (with one qualifying child). Other rules apply.

Q. Can I claim the child and dependent care credit?

A. If you paid someone to care for your dependent under age 13 or your disabled dependent or spouse so that you could work or look for work, you may be able to claim the credit for child and dependent care expenses.

 

Q. What is Child Care Credit or Reimbursement?

A. If you have a child under the age of 13, or a dependent or spouse who is physically or mentally incapable of caring for him/her, you are allowed a tax credit based on the expenses you incur for their care while you work or attend school. In general, you can claim the credit up to $3,000 worth of qualifying expenses for one child or dependent, and $6,000 if the care is for two or more. The minimum credit percentage is 35%, with the calculation made on Form 2441. The amount of qualifying expenses cannot exceed your income from your work.

If your employer provides day care, or a plan that reimburses you for day care expenses, you can exclude this from your income up to $5,000 per year. It is required that you meet the criteria above, and that you file Form 2441 with your return for that year, to elect the exclusion. Child care expenses for which you were reimbursed do not qualify for the credit explained above. And if your reimbursements exceed the $3,000/$6,000 maximums explained above, any additional costs you pay directly will not qualify for the credit.

In order to claim the tax credit or employer reimbursement exclusion, you must file Form 2441 with your tax return for that year. On it, you provide the name, address, Social Security number (Employer ID number, if a commercial business or child care center) of EACH child care provider, and the amounts paid to them.

Q. What is Earned Income Credit?

A. For 2003, if you have earned income, and have a modified AGI of not more than...

·         $11,230 (12,230 for MFJ) if you have NO qualifying children

·         $29,666 (30,666 for MFJ) if you have ONE qualifying child

·         $33,692 (34,692 for MFJ) if you have TWO OR MORE qualifying children

You may qualify for the Earned Income Credit. This credit is calculated based on the instructions and tables provided in your tax form instructions, and is a refundable credit.. meaning you can receive it back even if you had no taxes withheld and didn't need to file a return! The AGI limits are the same for unmarried individuals or married couples filing jointly; the credit is not available if you are married and filing separately.

A "qualifying child" is generally your son, daughter, grandchild, stepchild or foster child, who was under age 19 at year end (under 24 if a full-time student for at least part of five months of the year). He or she must have lived with you in your home for at least six months of the year, counting temporary absences for school or vacation. If a foster child, he or she must have lived with you all year. A child who is permanently and totally disabled also qualifies, regardless of age.

Q. What is Child Tax Credit?

A. There is a new CHILD TAX CREDIT for taxpayers who have one of more qualifying dependent children under age 17 at the end of the tax year. (Note: If filing separately or divorced, only the parent who claims the child as a dependent qualifies for this credit.)

The credit is $1000 per child for 2003.

The basic Child Tax Credit can directly reduce a tax liability, dollar for dollar, but is not refundable if it exceeds your tax liability.

Q. What are Hope & Lifetime Learning Credits?

A. The 1997 tax act established two distinct new higher education, the Hope Scholarship Credit, and the Lifetime Learning Credit. These are available for qualifying expenses paid (and for courses started) after 12/31/97 and after 6/30/98, respectively. You cannot claim both credits on the same education expenses.

Both credits are based on "qualified higher education expenses" which include tuition and course fees, but NOT books, board, meals, transportation or other "fees" assessed by the educational institution. Elective courses (no degree credit) involving sports, games or hobbies do not qualify. Also excluded are tuition and fees paid through employer reimbursement plans, scholarships and fellowships, courses deducted as a business expense, courses paid through a distribution from an Educational IRA, or excluded interest from a series "EE" US Savings Bond.

Amounts paid with gifts from private individuals do qualify for the credit. The qualifying expenses must be paid during the tax year for courses that begin during that same tax year (or within three months of the start of the following year).

The expenses must be paid for the taxpayer, his spouse, or someone who is the taxpayer's dependent for the tax year. (Dependent filers can not claim the credit. Only the parent claiming the child can claim the credit, even if the child paid the expenses with his own money.)

The basic difference between the two credits:

The HOPE credit covers only the first TWO years of post-secondary education, while the Lifetime Learning credit can apply all the way through grad school (and even for qualifying courses that do not lead to any kind of a degree or certificate).

The HOPE credit requires that the student attend at least "half time" (as defined by the school) and is studying toward a degree or recognized certification. (There are no such restrictions in the Lifetime Learning credit. Elective courses to improve one's job skills will qualify.)

The HOPE credit limitations apply per STUDENT, while the Lifetime Learning credit limits apply per TAXPAYER.

The HOPE scholarship credit permits a maximum credit of two years $1,500 for the first of post credit is -secondary education. The calculated as 100% of the first $1,000 in qualifying expenses, and 50% of the next $1,000. The HOPE credit is not allowed for students who are convicted, before the end of the tax year, of federal or state felony possession of a controlled substance.

The Lifetime Learning credit is 20% of the first $10,000 in qualified educational expenses that you paid for eligible students.

Business Income and Expenses

Q. I have a home office. Should I take the deduction?

A. Home office deductions can save you money on your taxes, but you can take these deductions only if you have a legitimate business at home and you use a space in your home strictly for business purposes.

A home office deduction often attracts the attention of IRS auditors, so be sure your office space qualifies before you take the deduction.

Q. I am a sole proprietor. Can I write off my medical insurance premiums?

A. If you pay medical insurance premiums to cover your employees, you can deduct that amount as an ordinary business expense right on your Schedule C.

However, the premiums you pay for you and your family get special tax treatment. Deduct a portion of these premiums right on the first page of your Form 1040, and deduct the balance on Schedule A as an itemized deduction.

Special break for you and your family

If you meet the requirements, you can deduct up to the following percentages of your medical insurance premiums, right on the first page of your Form 1040, whether or not you itemize your deductions:

 

Year

Up to

1998-2002

45% of the cost

2003

50% of the cost

2004

60% of the cost

2005

70% of the cost

2006

80% of the cost

Deduct the rest of the cost on Schedule A, just as non-self-employed individuals do.

To deduct a percentage of your premiums on your Form 1040, you must meet the following requirements:

·         You have sufficient net income from your self-employment business, and

·         Neither you nor your spouse has medical insurance through your employment with someone else.

Q. Are any of my business travel expenses deductible?

A. If you are employed by someone else, your best bet, tax-wise, is to have your employer reimburse your travel expenses.

However, in general, deductible travel expenses are those expenses you incur while you’re away from your main place of business. They include the following:

·         Hotel, motel, and other lodging expenses.

·         50% of the cost of your meals and business entertainment.

·         The cost of local transportation services while you’re at your travel destination.

·         The cost of getting to and from your travel destination.

Tax Home

It is important to note that according to the IRS, your expenses become "travel expenses" only when you’re traveling away from your "tax home." This means that you are traveling away from the area of your main place of business and you are away substantially longer than an ordinary day’s work. The idea is that you are away so long that you need to sleep or rest so you can do your job.

Transportation expenses

If you’re not traveling away from your tax home, your expenses aren’t travel expenses. If you’re driving from job to job, or traveling to meet clients or customers in your regular area of business, the IRS calls these kinds of travel expenses "transportation" expenses.

Lavish or extravagant

If your travel expenses are "lavish or extravagant," or beyond a reasonable amount, you won't be able to deduct some of your travel costs.

Q. I use part of my living room as an office. Can I take a deduction for business use of my home?

A. In general, if you use a part of your home for both personal and business purposes, no expenses for business use of that part are deductible. Exceptions apply for qualified day-care providers and for the storage of inventory or product samples used in the business.

Q. I use my home for business. Can I deduct the expenses?

A. If you use part of your home exclusively and regularly as the principal place of business or as a place where you meet or deal with customers, you may deduct expenses for use of part of your home.

Q. What are the standard mileage rates for 2003?

A. For 2003, the standard mileage rate is 36 cents a mile for all business miles.

Q. For business travel, are there limits on the amounts deductible for meals?

A. Meal expenses are deductible only if your trip is overnight or long enough that you need to stop for sleep or rest to properly perform your duties. Generally, the deduction for unreimbursed business meals is limited to 50% of the cost.

Instead of keeping records of your meal expenses and deducting the actual cost, you can generally deduct a standard meal allowance ranging from $30 to $42 depending on where and when you travel.

Q. Are business gifts deductible?

A. If you give business gifts in the course of your trade or business, you can deduct the cost subject to special limits and rules. In general, you can deduct no more than $25 for business gifts you give directly or indirectly to any one person during your tax year. Exceptions may apply.

Q. What kinds of property can be depreciated for tax purposes?

A. Only property used in a trade or business or to produce income can be depreciated. The kinds of property that can be depreciated include machinery, equipment, buildings, vehicles, and furniture. Depreciation is a very complex subject.

Rental Income and Expenses

Q. What is considered rental income?
A. Some examples are:

·         Payments made by an occupant for the use of property

·         Payment to cancel a lease

·         Advance rent

·         Any security deposit kept because a tenant did not fulfill their part of the rental agreement

Q. What not to include?
A.

·         Security deposit you are holding with the intent of returning it to the tenant at the end of the lease

·         Income received from renting your home for fewer than 15 days per year

Q. What deductions can you take as an owner of rental property?
A.

·         Advertising in the newspaper for tenants and cost of signs

·         Cleaning supplies

·         Real estate taxes in year paid

·         Mortgage and other interest paid for the rental use

·         Cost of insurance-hazard, flood, fire, liability

·         Payments for janitorial, pest control and trash collection services

·         Payments to people who maintain the property

·         Tax advice and preparation fees for the part of the tax return dealing with rental property

·         Cost of new locks and keys

·         Commissions paid for finding tenants

·         Cost of necessary transportation to and from the rental property for the purpose of maintenance, management, rent collection, picking up supplies, or checking the property. If you use your personal vehicle, either keep track of actual expenses or the miles traveled.

·         Cost of repairs and maintenance (not improvements) to keep your property in good condition. This includes items such as repainting and fixing floors and windows.

·         Cost of renting equipment used for rental property

·         Depreciation of the property (not including the land)

·         Depreciation of appliances purchased as replacements

·         Any long distance calls associated with your rental

·         The court costs and attorney fee for evicting a tenant

·         Property expenses incurred between rental periods as long as you are actively trying to rent the property, even if you are renting it for the first time

Q. What can you not deduct?
A.

·         Rent lost due to vacancy

·         The cost of improvements which increase the value and extend the life of the property or modify it for a new use. This includes such things as a room addition, fencing or a new roof. These items can generally be depreciated.

Q. What should I know?
A.

·         If you rent only part of your property, certain expenses must be divided between the part used as rental property and the part used for personal purposes

·         When a rental property is sold, ordinary income and capital gain may be recognized

Payment and Filling Options

Q. What is electronic filing (e-filing)?  
A. Electronic filing means you transmit your return to the IRS by computer instead of you mailing it to them by
U.S. Mail.

Q. What is the advantage of electronic filing?  
A. The advantage is that you receive your refund in about two weeks instead of the usual ten weeks. Another advantage is there are fewer IRS errors because human data entry is eliminated.

Q. How long does the whole electronic filing/refund process take?  
A. Your refund should arrive within 8 to 11 days of being e-filed. Average total time - about one to two weeks.

Q. How much does it cost to electronic file?  
A. Electronic filing adds $35 to your return preparation fee.

How much does it cost?

Prices for Tax Year 2004:

-          Basic Return Package  -  $45.00   (Includes: Federal form 1040 with Unlimited     W-2’s & NY or NJ State Return)

-          Itemized Deduction, None Cash Contribution and Moving Expenses add $10.00

-          Earned Income Credit, Child Care Credit and Education Tax Credit add $10.00

-          Business Owners & Self Employment Tax add $10.00

-          Sales of Stocks & Bonds add $15.00

-          For any additional State Tax Return   - add $20.00

-          Electronic Filing: for Federal add $20.00, for State add $15.00

-          Federal and State Extension of Time to file $15.00

Please call us today at (917) 826-6832 for new client discount & free consultation.