Tax Q&A from the USA Today

With about weeks to go to file your 2012 tax return, you probably have questions. Whether you prepare your own tax return or pay someone to do it for you, we are here to help. Every day until April 15, members of the American Institute of Certified Public Accountants have agreed to answer tax questions from USA TODAY readers. Submit your questions to taxadvice@usatoday.com. Today’s question:

Q. I won a free cruise in 2011, which I took in 2012. I understand I should receive a 1099 for the cruise, but I can’t get the cruise line to send me the 1099. What if I don’t have the 1099 by next month? How do I file my taxes with that taxable freebie paperwork?

Also, when I originally won the cruise I inquired about what the 1099 amount might be – my “cruise director” indicated about $2000 – which is several hundred dollars more than a comparable room on the cruise if I just paid upfront. Plus the room had a lifeboat hanging over the window, so we didn’t even get a room with a view, which is how the rooms are priced. If I want to dispute the value of the 1099 (if I ever see it), how do I do this with the IRS and still get my taxes resolved on time?

A: Assuming the cruise line is the organization that offered the free cruise promotion and not someone else, they are required to issue a 1099 to you and send a copy to the IRS by Feb. 28. The 1099 should be for the actual value of the benefit you received. That could be subject to interpretation as it will probably be reported as the “brochure” price for the type of room you had, as opposed to any discounted price you may have received if you paid for the cruise. If you don’t get the 1099 by the time the return is due, you will have to file for an extension and use your best estimate as to the value of the cruise to determine your tax liability. Not sure you will get anywhere with the IRS as it is the cruise’s responsibility to determine the value. Hope this helps.

Ken Rubin, CPA,
RubinBrown, St. Louis

For more information:

Publication 530: Tax information for homeowners

Publication 936: Home mortgage interest deduction

Publication 523: Selling your home

PREVIOUS QUESTIONS:

Q. My husband and I refinanced our home in November and paid close to $10,000 in closing costs. Is any of that deductible? I never received a tax form, just our HUD settlement statement. Please help as we don’t want to lose out on any deductions.

A: There are several items on a closing statement from the refinancing of a residence that may be deductible.

Often, interest expenses for the period between refinancing and the first mortgage payment are included on the closing statement. These should be reported on theForm 1098 you received from the lender but it is always a good idea to double-check.

TAX TIPS: Seven ways for homeowners to save

The refinance statement may also include mortgage points. On a refinance, points are deductible over the term of the loan.

The statement may also include real estate taxes, which may be deductible.

Normally all other costs are added to the basis of the residence, which can help when you sell the house.

Teri E. Newman, CPA,
Plante Moran, Chicago

Q: I’m a 14-year-old boy, and through my website and Amazon.com selling business I have taken in a fair amount of money in the last year—but I have never payed taxes and don’t know how. Is there something I should do specifically since I’m under 18?

A: Generally, a dependent child must file a return if any of the following apply:

• Unearned income (such as interest and dividends) over $950

• Earned income (such as salaries and self-employment) over $5,950

• Gross income (earned plus unearned) more than the greater of (1) $950 or (2) earned income plus $300 (not to exceed $5,950).

A 14-year-old is normally still a dependent of their parents. An Internet sales business would be earned income for the 14-year-old. He should consider filing a Schedule C, Profit or Loss from Business, as part of his Form 1040, Individual Income Tax Return.

His earned income would equal his gross sales less his expenses, if any. Some possible expenses may include his cost of advertising and any fees paid to Amazon. If his earned income is greater than $5,950, he is required to file a tax return.

He may also be required to file a Sales and Use Tax Return. He should check with his State Department of Revenue.

For more information:

Do I need to file a return?

Publication 929: Tax Rules for Children and Dependents

S. Miguel Reyna, CPA
Reyna CPAs, Dallas

Q: Can I roll over a Roth IRA to a Roth 401(k)? If I can’t, am I able to withdraw my Roth IRA funds without penalty or income tax on earnings if I use it for a down payment on a first-time home?

A: A Roth IRA can only be rolled over to another Roth IRA and is not permitted to be rolled over or transferred to a Roth 401(k).

First, withdrawals from a Roth account up to the amount of account owner contributions are not taxed and are not subject to the 10% penalty regardless of your age or how long you’ve owned the account. Any withdrawals that exceed the owner’s contributions are subject to taxation and a 10% penalty unless they are qualified distributions.

For a withdrawal to be qualified two tests must be met:

• The owner must be 59 1/2 or older, or an exception applies – and the first-time home purchase is an exception.

• Five-year test: Owner must have owned the account (or any other Roth account) for at least five years

Since you are using the withdrawn funds for a first time home purchase, you pass the first test. ;Therefore, if you also pass the five-year test, the withdrawal would be “qualified” and you would not be assessed taxes or penalties.

However, if you fail the 5-year test, you would owe ordinary income taxes on the earnings portion of the withdrawal but the 10% penalty would be waived (up to a maximum of $10,000 of earnings withdrawn).

Terry L. Seaton CPA
Seaton Financial Advisors, St Augustine, Fla.

For more information:

Chart: Types of allowable rollover transactons

Tax Topic: Rollovers of retirement plan distributions

Differences between a Roth IRA and designated Roth account

Q: Are costs from an auto accident that was ruled not my fault deductible? The offending party and/or his insurance company has not paid for medical costs due to the lack of insurance or ability to pay. I have over $20,000 dollars which I paid in 2012. Thanks

A: The Internal Revenue Code does provide for a deduction for medical expensesincluding costs associated with an accident like yours. Sorry to hear that you had an auto accident with injuries that required medical attention. You can deduct all of your medical expenses incurred during a tax year that exceed 7.5% of your adjusted gross income if you are itemizing.

For example, let’s say that your adjusted gross income for the year is $80,000. That would mean the threshold for you to have the benefit of deducting your medical expenses would be $6,000, ( $80,000 x 0.075). So the first $6,000 of your $20,000 of expenses would not be deductible, but the remaining $14,000 would.

Added to these costs could be other medical expenses such as co-pays, dental, optical, prescriptions, physical therapy and most other health-related costs. You would add the deductible medical expenses to your other itemized deductions such as mortgage insurance, real estate taxes, state and local income taxes, and charities to determine the total itemized deductions that you would claim.

Karl L. Fava, CPA
Business Financial Consultants, Dearborn, Mich.

For more information:

Publication 502: Medical and Dental expenses

Medical and Dental expenses: What can I deduct and what can’t I deduct

Q: I am a graduate student in literature. I know that I can deduct school fees and course materials. What I am not sure is if I can deduct books (and other items such as relevant electronics like laptops) that are not specifically assigned for a class but will benefit me in my academic pursuits, which I equate with my career as I intend to teach and research on a college level.

A: The treatment of higher-education expenses on your income tax return is one of the most complex areas of the tax law. There are several deductions and credits that may be available and typically, only one can be claimed at a time.

You should review IRS Publication 970 to determine whether the Lifetime Learning Credittuition and fees deduction, or some other provision applies to you.

TAX TIPS: Get the latest tax news and advice

If you are claimed as a dependent by your parents, you must also determine who can claim the deduction or credit. Also see Form 8917.

The qualifying expenses are generally limited to tuition and related expenses that are required to be paid to the university as a condition of enrollment. See the examples on page 34 of Publication 970 to see how strict these rules are.

Optional expenditures, even though helpful for your studies, such as a computer, generally are not deductible.

Annette Nellen, CPA
San Jose State University, San Jose, Calif.

For more information:

Overview: Tax benefits for education: Credits, Deductions, Savings Plans, Scholarships

Publication 970: Tax benefits for Education

Q: My son, 24, and daughter, 22, have full-time jobs and still live with me. Can I claim them as dependents, or does it depend on their income?

A: To claim a child as a dependent, the child must be under the age of 19, a student under the age of 24, or permanently and totally disabled regardless of age.

In addition, the child must have lived with you for more than half the year and cannot have provided more than half of his or her own support during the year.

It sounds like your children do not qualify based on the age test.

The Qualifying Child section of IRS Publication 501 gives all the details of the requirements that must be met in order to claim a child as a dependent.

Clare Levison, CPA
Blacksburg, Va.

For more information:

Who can I claim as a dependent?

Six important facts about dependents and exemptions

Top frequently asked questions for filing requirements, status, dependents, exemptions

Q: I have closed one IRA account and rolled it over to another account. I received a Form 1099-R, which is showing in box 2a the full amount taxable. How can I handle this?

A: I am assuming that your new IRA is also a traditional IRA and that you didn’t instead roll over to a Roth IRA. If you did change to a Roth, then the full amount is taxable as Box 2a declares.

If your new IRA is a traditional IRA, then as long as you deposited the rollover proceeds from your old account into your new account within 60 days of receiving it, you will not have to pay taxes on the amount shown in box 2a.

You should have received a Form 5498 from your new IRA account provider showing that you deposited the proceeds into an IRA there. Keep this form with your other tax information.

Here’s how to handle it on your tax return: Report the amount listed in box 1 of Form 1099-R on line 15a of Form 1040, or line 11a of Form 1040A. On line 15b or 11b of the correct form, put a zero and write the word “rollover” next to line 15b or 11b. That should take care of it.

Kelley Long, CPA
Shepard Schwartz & Harris, Chicago

For more information:

IRS Publication 590: Individual Retirement Arrangements (IRAs)

Chart: Types of allowable rollover transactions

Tax Topic: Rollovers of retirement plan distributions

SOURCE: USA Today Article

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11 Common Questions about Taxes from Forbes

Here’s a great article from Forbes answering 11 common tax questions…

1. Are there any benefits to filing early? And what happens if I file after the deadline?

The main benefit of filing before April is getting your tax refund back sooner. But filing really close to the deadline could also cost you money. “If you’re working with a CPA and you dump your tax stuff on them two weeks before April 15th,” Vient says, “most people will charge you a premium.” And doing your taxes earlier will mean that if you hit a snag like a missing form or needing to resolve a big question, you have more time to solve it.

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Kiplinger’s most overlooked tax deductions

As tax filing season 2012 reaches its final month, it’s good to look for the most overlooked tax deductions. Kiplinger’s list can be found here.

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Will I go to jail for not paying my taxes?

… and other frequently asked questions from the IRS.

Why Should I File My Tax Return as Soon as Possible?

There are two advantages to filing as soon as possible:

  • Generally, if a taxpayer is due a refund for withholding or estimated taxes paid, it must be claimed within 3 years of the return due date or risk losing the right to it. The same rule applies to a right to claim a tax credit such as the Earned Income Credit (EIC).
  • Self-employed persons who do not file a return will not receive credits toward Social Security retirement or disability benefits. Failure to file results in not reporting any self-employment income to the Social Security Administration.

What If I Owe More Than I Can Pay?

Even if a taxpayer doesn’t have enough money to pay, returns should be filed to avoid further penalties for failure to file. The IRS will assist in finding a solution to the problem.

The IRS has streamlined its policies to offer alternative account resolutions if a taxpayer cannot pay in full with the return:

  • The IRS will help to set up an installment agreement when the situation warrants. Installment payments allow taxpayers to pay the tax debt over time.
  • The IRS will consider whether an offer in compromise is an appropriate solution.

What If I Don’t File Voluntarily?

The IRS is taking enforcement steps for those who repeatedly choose not to comply with the law. IRS employees will prepare returns when taxpayers do not file. The returns prepared by the IRS might not give credit for deductions and exemptions a taxpayer may be entitled to receive. Bills will be sent to those taxpayers for the tax due, plus penalties and interest.

People who repeatedly don’t comply with the law are subject to additional enforcement measures.

How Can I Avoid Owing Money on Next Year’s Return?

Many people don’t file tax returns because they don’t have enough money to pay the tax they owe. They find out after completing their return that their withholding or Estimated Tax payments do not equal their tax liability.

To help avoid this situation, the IRS can advise taxpayers how to ask an employer to withhold enough tax from their pay. For any income that is not subject to withholding, the IRS can provide information necessary to make quarterly payments to cover any amount to be owed. To make payments electronically, see Payment Options – Ways To Make a Payment or go to the EFTPS Web site.

Changes in financial circumstances could have an impact on taxes. For example, an increase in income, divorce, or selling an asset, may require adjustments to withholding or estimated payments.

By taking these steps, taxpayers will be better able to meet their tax obligations and avoid tax day surprises.

Will I Go to Jail?

A long-standing practice of the IRS has been not to recommend criminal prosecution of individuals for failure to file tax returns, provided they voluntarily file, or make arrangements to file, before being notified they are under criminal investigation. The taxpayer must make an honest effort to file a correct return and have income from legal sources. A letter from the IRS concerning taxes is not a notice that a taxpayer is under criminal investigation.

The IRS helps to get people back into the system as part of its long-term plan to improve voluntary tax compliance. The IRS wants to get people back into the system, not prosecute ordinary people who made a mistake. However, flagrant cases involving criminal violations of tax laws will continue to be investigated.

References/Related Topics

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Tax Tips? There’s an App for that

From the USA Today.

Tax time is a chore for many Americans, particularly those who try to save a few bucks and file the paperwork on their own without any help.

But thankfully there are a host of affordable products for tech-savvy taxpayers that can take some of the guesswork out of filing your taxes.

And best of all, some of them come free of charge.

Granted, there are few substitutes for a qualified tax professional with a human touch. Oftentimes the biggest problem for Americans is not even knowing what questions to ask regarding their taxes, and having a certified public accountant or other expert is difficult to match.

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However, a host of high-tech tools do a great job filling in your knowledge gaps and making the filing process simpler and less stressful.

Here are a few worth looking into:

TurboTax SnapTax

Available for iPhone and Android devices, SnapTax claims to do your taxes in 10 minutes or less. Sound too good to be true? Well, there are limitations: You can’t own a home, you have to earn less than $100,000 ($120,000 if you file jointly) and you have to only have W-2, interest or unemployment income.

However, if you are one of the millions of Americans who don’t have to itemize, then filing your taxes right from your smartphone could be very appealing. SnapTax lets you upload your W-2s simply by taking a picture of the form with your mobile device, then asks a few simple questions and you’re all set.

The program is free to download but charges $24.99 to e-file finished returns (state filing is included).

Expensify

In the old days people used to keep shoe boxes of records for qualified expenses. ButExpensify allows you to simplify things by going digital.

This simple program can be downloaded to any mobile device with a camera and is a must-have for anyone bogged down with receipts. Whether you’re self-employed and taking a business trip or managing the local soup kitchen, Expensify allows you to take a picture of receipts and file them away for review. You can then sort by expense category, trips or other reports that you set up.

The app is free and available on all smartphones.

Bloomberg BNA Quick Tax Reference

The Bloomberg BNA Quick Tax Reference app for smartphones won’t file your returns for you, but it is a powerful resource if you have questions about any item in the tax code, no matter how small.

Of course, the depth may only confuse you if you don’t itemize your return. But for those who have multiple income streams and multiple deductions, this Bloomberg app is easy to navigate and has a wealth of info.

The app is free and available on iPhone, Android and BlackBerry. It also already has 2013 tax info loaded up to inform your financial decisions for the current tax year.

IRS2Go

This mobile app doesn’t allow for filing of your return but plugs you into the IRS so you can access your existing tax records on the go as well as check the status of your 2012 return after it’s filed.

There’s also easy access to tax tips, instructional videos and other educational stuff from the IRS if you’re interested in that kind of thing.

The app is free and, according to the IRS website, should be updated with new features soon.

Ask A CPA

Confused about a specific part of your tax returns, such as whether gains from selling an antique car are treated the same as capital gains from a stock investment? Well, thankfully, Ask A CPA has an archive of frequently asked tax questions and tips from certified public accountants to help you.

Best of all, if previously asked questions aren’t good enough, you have the ability to ask your own questions via the app or to locate a CPA in your area who is knowledgeable about your kind of situation.

The app is free, but responses are not always guaranteed and keep in mind the tips are commonly general in nature and not specifically tailored to you and the exact dollar amounts on your return.

Posted in 1040 Personal Income Taxes, 1065 Partnership Income Taxes, 1120 C Corporation Income Taxes, 1120 S Corporation Taxes, IRS, Michigan Taxes, Personal Finance | Comments Off on Tax Tips? There’s an App for that

Calculating your stock’s cost basis

From the USA Today.

It’s never easy for investors to make money in the stock market. And when they do, the last thing most people think about is how to report those gains to the IRS.

Unfortunately, the tax man is eager to get his share after you cash out an investment win. And unless you want to irritate the Internal Revenue Service, it’s important to accurately report profits each year to the penny.

alculating your gains sounds deceptively simple: Figure out the price at which you sold your stock or mutual fund (including commissions), subtract “cost basis” on your initial investment and – voila!

The organized investors out there have their own foolproof system for this, such as a color-coded spreadsheet or a three-ring binder with a printout of every order ever placed with their broker.

TAX TIPS: How to avoid an IRS audit

TAX HELP: Get the latest tax news and advice

But for those of us who are a little less fastidious, the good news is that rebuilding your cost basis isn’t too hard.

Begin by getting a record of past transactions from your broker. Frequently this will include your cost basis right there — but if not, it will at the very least give you the date of your transactions.

Next, always double-check your broker’s statement to ensure accuracy or to fill in missing info if you only have the date but no price to go on. This is a simple task thanks to the Internet; just visit finance.yahoo.com and enter the ticker of your stock and click on “historical prices” to search. Yahoo Finance provides an automatically adjusted price for dividends and stock splits in its data, saving you a step if any of these events apply to the holdings you sold last year.

So what happens if your investments don’t have a clear buy date, either because you performed multiple purchases or because the shares were a gift or inheritance? Well, special cost basis rules then apply:

• Multiple purchase prices for a single stock or fund. If you invested piecemeal over the years, the default method used by the IRS is called “first in, first out.” Like the phrase implies, the first shares you bought and the accompanying price get reported first. If that lot isn’t big enough to fulfill the entire sale, move to the next oldest transaction and average them together. In other words, no cherry-picking the when and what you paid to suit your interests in 2012. That’s a big no-no with the IRS.

• Inheritance investments. If rich Uncle Vinny left you 100 shares of McDonald’s, you aren’t just lucky because of the generous gift. You’re lucky because your tax basis is determined based on the date of death — so no detective work is necessary. Simply take the average of the high and low on that day (or the previous trading session if it’s a weekend). Also a plus: You default to long-term capital gains status, so even if you sold the investments immediately you fall into the lowest tax bracket.

• A gift of stock. If someone bought you stock in 2012, you logically have to peg your price to the date of that transaction. But if for some reason they gifted you existing shares long held in their portfolio, you are beholden to their original cost basis unless shares are lower on the date of the gift. This can involve some homework, then, to find out which is better for you. Or worse, this can involve a lot of sleuthing if the generous person in question hasn’t kept good records.

You can find other helpful hints at IRS.gov in publication 550, which focuses on investment income and has tips on how to calculate cost basis.

Jeff Reeves is the editor of InvestorPlace.com and the author of The Frugal Investor’s Guide to Finding Great Stocks.

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6 Ways to avoid an audit (Wall Street Journal)

Here are some great tips from the Wall Street Journal.

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What to do if you owe but can’t pay (CBS.com)

From CBS.com

(MoneyWatch) So you’ve prepared your tax return and found that you owe. What should you do if you can’t pay?

One thing you should do no matter what is to file your tax return on time. But if you don’t make any arrangements to pay what you owe, the IRS is legally required to take steps to collect what you owe, which include:

  • Use your past and future refunds to offset your bill
  • File a federal tax lien against your property
  • Place a tax levy against your salary
  • Seize your financial accounts
  • Serve you with a summons to appear before the IRS to provide information as to why you cannot pay

Needless to say, there are better alternatives. For starters, consider seeking a loan. You could ask for a loan from a relative, a friend or a bank (though approval may be tough given your financial situation). You could tap a home equity line of credit, if that is available. Current interest rates on home equity credit lines are low and repayment terms are flexible.

You can also pay your taxes using a credit card. Using this option is just another form of borrowing, but it will avoid the IRS penalties for not paying at all. The downside is that you’ll pay convenience fees of about 2 percent to 4 percent of the amount charged. And if you don’t pay your credit card balance in full and on time, you could end up paying expensive interest on the balance you carry at a rate that is higher than the IRS interest rate for installment payments.

Online installment payments

If you owe less than $25,000 in combined tax, penalties and interest and you have filed all required tax returns in a timely manner, you may be eligible to complete and submit an Online Payment Agreement or OPA.

Taxpayers or their representatives can apply online and receive immediate approval. Because there may be situations when you need to speak with the IRS before they can determine your eligibility for an installment agreement, the OPA application also includes an address and a toll-free phone number to contact them.

When submitting an Online Payment Agreement, there are basically two payment options available:

60 to 120 Day Extension: if approved, you could get an extension for up to 120 days to pay. If you go this route, you’d generally pay less in penalties and interest than if using a longer term installment agreement.

Monthly Payment Plan: If you can’t pay in full within 120 days, you may be permitted to use the web-based Online Payment Agreement to apply for and receive immediate approval to make monthly installment payments. There are a few conditions. First, you must have filed all of your prior years’ tax returns and pay a user fee of $105 ($52 if payments automatically deducted from a bank account). You’ll also pay the IRS interest on the unpaid balance, which is currently an annual rate of about 3 percent.

When you request a short term extension or a payment plan, the IRS will send written confirmation so you’ll know your request has been approved.

You’ll pay penalties and interest on the taxes you owe until a payment agreement is paid off. However, depending on your individual circumstances, the IRS could offer a payment plan at a reduced interest rate. Also, as a condition of the installment agreement, any future tax refunds will be automatically applied against the amount you owe until the balance is paid off.

Since the IRS charges a user fee for setting up a payment plan, it may not be the best option for amount owed is less than $2,000 and you know you can pay it off in less than 120 days. If this is the case, then consider the other alternatives mentioned above. Also keep in mind that if you opt for a payment plan that is longer, you’ll have to pay all future taxes in full and on time.

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IRS Filing Delays – 2012 Tax Returns

Here’s a list of forms that have caused IRS filing delays in the 2013 tax filing season (2012 tax returns) as well as when the IRS expects to be able to start accepting them: (source IRS.gov)

IRS 2012 forms that 1040 filers can begin filing

Feb. 10, 2013:

  • Form 4562 Depreciation and Amortization (Including Information on Listed Property)

Feb. 14, 2013:

  • Form 8863 Education Credits

List of IRS forms that 1040 filers can begin filing in March 2013

The following tax forms will be accepted by the IRS during the first week of March after updating forms and completing programming and testing of its processing systems. A specific date will be announced in the near future.

  • Form 3800 General Business Credit
  • Form 4136 Credit for Federal Tax Paid on Fuels
  • Form 5074 Allocation of Individual Income Tax to Guam or the Commonwealth of the Northern Mariana Islands
  • Form 5471 Information Return of U.S. Persons With Respect to Certain Foreign Corporations
  • Form 5695 Residential Energy Credits
  • Form 5735 American Samoa Economic Development Credit
  • Form 5884 Work Opportunity Credit
  • Form 6478 Credit for Alcohol Used as Fuel
  • Form 6765 Credit for Increasing Research Activities
  • Form 8396 Mortgage Interest Credit
  • Form 8582 Passive Activity Loss Limitations
  • Form 8820 Orphan Drug Credit
  • Form 8834 Qualified Plug-in Electric and Electric Vehicle Credit
  • Form 8839 Qualified Adoption Expenses
  • Form 8844 Empowerment Zone and Renewal Community Employment Credit
  • Form 8845 Indian Employment Credit
  • Form 8859 District of Columbia First-Time Homebuyer Credit
  • Form 8864 Biodiesel and Renewable Diesel Fuels Credit
  • Form 8874 New Markets Credits
  • Form 8900 Qualified Railroad Track Maintenance Credit
  • Form 8903 Domestic Production Activities Deduction
  • Form 8908 Energy Efficient Home Credit
  • Form 8909 Energy Efficient Appliance Credit
  • Form 8910 Alternative Motor Vehicle Credit
  • Form 8911 Alternative Fuel Vehicle Refueling Property Credit
  • Form 8912 Credit to Holders of Tax Credit Bonds
  • Form 8923 Mine Rescue Team Training Credit
  • Form 8932 Credit for Employer Differential Wage Payments
  • Form 8936 Qualified Plug-in Electric Drive Motor Vehicle Credit
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IRA Early Withdrawal Penalty Exceptions

This is a question I get asked a lot… so I figured a blog post would be a good idea. See this article for a list of the penalty exceptions for early withdrawals from IRA/retirement accounts.

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