Wednesday, June 12, 2013

IRS Releases New Tax Tables and Remaining Inflation Adjusted Amounts for 2013

IRS Releases New Tax Tables and Remaining Inflation Adjusted Amounts for 2013
Now that the American Taxpayer Relief Act (Pub. L. 112-240) has been signed into law, the IRS has released the remaining 2013 inflation-adjusted numbers, including the 2013 tax rates. Rev. Proc. 2013-15.

Last October, the IRS issued inflation adjusted numbers for 2013. However, because of the uncertainty about the fiscal cliff and 2013 tax rates, the IRS withheld releasing some of those numbers. Now the IRS has released Rev. Proc. 2013-15, which provides the remaining 2013 inflation-adjusted numbers, including the 2013 tax rates. In addition, a change was made for 2012 relating to the amount excludable from income for the qualified transportation fringe benefit.

2013 Tax Rates

All 2013 tax rate tables for individuals, estates, and trusts reflect the new 39.6% maximum rate, which begins at the following levels of taxable income:
MFJ or Surviving Spouse
$450,000
Head of Household
$425,000
Unmarried Individual
$400,000
Married Filing Separately
$225,000
Estate or Trust
$11,950

Adoption Credit
For tax years beginning in 2013, the credit allowed for an adoption of a child with special needs is $12,970. For tax years beginning in 2013, the maximum credit allowed for other adoptions is the amount of qualified adoption expenses up to $12,970. The available adoption credit begins to phase out for taxpayers with modified adjusted gross income in excess of $194,580 and is completely phased out for taxpayers with modified adjusted gross income of $234,580 or more.

Child Tax Credit

For tax years beginning in 2013, the value used to determine the amount of the child tax credit that may be refundable is $3,000.

Earned Income Credit

For tax years beginning in 2013, the maximum earned income credit amounts are as follows:
No Qualifying Children
$487
One Qualifying Children
$3,250
Two Qualifying Children
$5,372
Three or more Qualifying Children
$6,044
The earned income tax credit is not allowed in 2013 if the aggregate amount of certain investment income exceeds $3,300.

American Opportunity (modified 
Hope) Credit
For tax years beginning in 2013, the American Opportunity (modified Hope) Credit is an amount equal to 100 percent of qualified tuition and related expenses not in excess of $2,000 plus 25 percent of those expenses in excess of $2,000, but not in excess of $4,000. Accordingly, the maximum American Opportunity (modified  Hope) Credit in tax years beginning in 2013 is $2,500.

A taxpayer's modified adjusted gross income in excess of $80,000 ($160,000 for a joint return) is used to determine the reduction in the amount of the American Opportunity (modified Hope) Credit otherwise allowable. 


Lifetime Learning Credit
The Lifetime Learning Credit is a tax credit for any person who takes college classes. It provides a tax credit of 20% of tuition expenses, with a maximum of $2,000 in tax credits on the first $10,000 of college tuition expenses. You can claim the Lifetime Learning Credit on your tax return if you, your spouse, or your dependents are enrolled at an eligible educational institution and you were responsible for paying college expenses. Unlike the American Opportunity credit, you need not be in the first four years of undergraduate classes. Even if you took only one class, you may take advantage of the Lifetime Learning Credit.

A taxpayer's modified adjusted gross income in excess of $53,000 ($107,000 for a joint return) is used to determine the reduction in the amount of the Lifetime Learning Credit otherwise allowable.

Exemption Amounts for Alternative Minimum Tax
For tax years beginning in 2013, the AMT exemption amounts are:
MFJ or Surviving Spouse
$80,800
Head of Household
$51,900
Unmarried Individual
$51,900
Married Filing Separately
$40,400
Estate or Trust
$23,100
The excess taxable income above which the 28 percent tax rate applies is $89,750 for married individuals filing separate returns and $179,500 for joint returns, unmarried individuals (other than surviving spouses), and estates and trusts.

The amounts used under Code Sec. 55(d)(3) to determine the phaseout of the AMT exemption amounts begins at the following AGI levels: 

MFJ and surviving spouse
$153,900
Single individual
$115,400
Head of Household
$115,400
MFS, estates, and trusts  
$76,950

ATRA permanently retains the 0% and 15% tax rates on qualified dividends and long-term capital gains, and adds a new 20% tax rate that would apply to taxpayers who fall within the new 39.6% tax bracket. Which capital gains tax rate will apply depends on what tax bracket a person is in. The new capital gains tax rates for 2013 and future years will be


Tax Bracket
Capital Gains Rate
10% and 15%
-0-%
25%, 28%, 33% or 35%
15%
39.6%
20%
Net Investment income: 
MfJ                > $250K
Unmarried     > $200K
MfS               > $125K

Additional Medicare Tax
Wages & S/E income:
MfJ                > $250K
Unmarried     > $200K
MfS               > $125K
(withheld by employer)
3.8%  Medicare surtax


0.9%
Medicare surtax


Standard Deduction

For tax years beginning in 2013, the standard deduction amounts are as follows:

MFJ or Surviving Spouse
$12,200
Head of Household
$8,950
Unmarried Individual
$6,100
Married Filing Separately
$6,100
The standard deduction amount for an individual who may be claimed as a dependent by another taxpayer cannot exceed the greater of $1,000, or the sum of $350 and the individual's earned income.

The additional standard deduction amount for the aged or the blind is $1,200. The additional standard deduction amount is increased to $1,500 if the individual is also unmarried and not a surviving spouse.

For tax years beginning in 2013, the applicable amounts that are used to determine the AGI phaseout of the deductions are:
MFJ or Surviving Spouse
$300,000 
Head of Household
$275,000 
Unmarried Individual
$250,000 
Married Filing Separately
$150,000 

Qualified Transportation Fringe Benefit

For tax years beginning in 2013, the monthly limitation regarding the aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass is $245. The monthly limitation regarding the fringe benefit exclusion amount for qualified parking is also $245.

For tax years beginning in 2012, the monthly limitation regarding the aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass is $240. The monthly limitation regarding the fringe benefit exclusion amount for qualified parking is also $240 for 2012.

Adoption Assistance Programs

For tax years beginning in 2013, the amount that can be excluded from an employee's gross income for the adoption of a child with special needs is $12,970. For tax years beginning in 2013, the maximum amount that can be excluded from an employee's gross income for the amounts paid or expenses incurred by an employer for qualified adoption expenses furnished pursuant to an adoption assistance program for other adoptions by the employee is $12,970. The amount excludable from an employee's gross income begins to phase out for taxpayers with modified adjusted gross income in excess of $194,580 and is completely phased out for taxpayers with modified adjusted gross income of $234,580 or more.

Personal Exemption Phaseout

For tax years beginning in 2013, the personal exemption amount is $3,900. The AGI phaseout ranges for personal exemptions are as follows:

MFJ or Surviving Spouse
$300,000 
to 
$422,500
Head of Household
$275,000 
to 
$397,500
Unmarried Individual
$250,000 
to 
$372,500
Married Filing Separately
$150,000 
to 
$211,250

Interest on Education Loans
For tax years beginning in 2013, the $2,500 maximum deduction for interest paid on qualified education loans begins to phase out for taxpayers with modified adjusted gross income in excess of $60,000 ($125,000 for joint returns), and is completely phased out for taxpayers with modified adjusted gross income of $75,000 or more ($155,000 or more for joint returns).

Unified Credit Against Estate Tax

For an estate of any decedent dying during calendar year 2013, the basic exclusion amount is $5,250,000 for determining the amount of the unified credit against estate tax under IRC §2010.

Courtesy:  Parker's Federal Tax Bulletin: January 19, 2013 - Staff Editor at Parker Tax Publishing parkertaxpublishing.com

*CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. 

Tuesday, June 4, 2013

FBAR News

FBAR News
With the upcoming June 30th deadline to file 2013 FBAR forms for US Taxpayers with foreign accounts over $10,000 and so much News regarding FBAR's, it's a good time to review the FBAR requirement as well as the news relating to the IRS' Enforcement Efforts regarding FBAR's and Offshore Voluntary Disclosures, including:
  1. Report of Foreign Bank and Financial Accounts (FBAR)
  2. New Reporting Requirements by U.S. Taxpayers Holding Foreign Financial Assets (Form 8938)
  3. Offshore Voluntary Disclosure Program 
1.  Report of Foreign Bank and Financial Accounts (FBAR) 
If you have a financial interest in or signature authority over a foreign financial account, including a bank account, brokerage account, mutual fund, trust, or other type of foreign financial account, the Bank Secrecy Act may require you to report the account yearly to the Internal Revenue Service by filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR).
  • Who Must File an FBAR (Form TD F 90-22.1)
United States persons are required to file an FBAR (Form TD F 90-22.1) if:
  1. The United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
  2. The aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.
United States person means United States citizens; United States residents; entities, including but not limited to, corporations, partnerships, or limited liability companies created or organized in the United States or under the laws of the United States; and trusts or estates formed under the laws of the United States.

Look to the form’s instructions to determine eligibility for an exception and to review exception requirements.
  • Reporting and Filing Information 
A person who holds a foreign financial account may have a reporting obligation even though the account produces no taxable income. Checking the appropriate block on FBAR-related federal tax return or information return questions (for example, on Schedule B of Form 1040, the "Other Information" section of Form 1041, Schedule B of Form 1065, and Schedule N of Form 1120) and filing the FBAR, satisfies the account holder's reporting obligation.

The FBAR is not filed with the filer's federal income tax return. The granting, by the IRS, of an extension to file federal income tax returns does not extend the due date for filing an FBAR. You may not request an extension for filing the FBAR. The FBAR is an annual report and must be received by the Department of the Treasury in Detroit, MI, on or before June 30th of the year following the calendar year being reported. While FinCEN strongly encourages individuals to electronically file FBARs, the form can be mailed to one of the two addresses below, provided that the mailing is received by June 30, 2013:

File by mailing the FBAR (Form TD F 90-22.1) to:
United States Department of the Treasury
P.O. Box 32621
Detroit, MI 48232-0621

If an express delivery service is required for a timely filed FBAR, address the parcel to:
IRS Enterprise Computing Center
ATTN: CTR Operations Mailroom, 4th Floor
985 Michigan Avenue
Detroit, MI 48226

Delivery messenger service contact telephone number: (313) 234-1062. 
Account holders who do not comply with the FBAR reporting requirements may be subject to civil penalties, criminal penalties, or both.
  • Electronic Filing for FBAR Forms – MANDATORY Beginning July 1, 2013
On June 29, 2011, FinCEN announced that all FinCEN forms must be filed electronically with certain exceptions. The FBAR was granted a general exemption from mandatory electronic filing through June 30, 2013. E-filing is a quick and secure way for individuals to file FBARs (Form TD F 90-22.1). Filers will receive an acknowledgement of each submission. For more information about FBAR e-filing, read the FinCEN news release.  FinCEN BSA E-filing System.  

The FBAR filing requirements, authorized under the Bank Secrecy Act, have been in place since 1972. The FBAR form is used to report a financial interest in, or signature or other authority over, one or more financial accounts in foreign countries. No report is required for a year if the accounts’ aggregate value does not exceed $10,000 at any time during that year.

2. New Reporting Requirements by U.S. Taxpayers Holding Foreign Financial Assets (Form 8938)
Taxpayers with specified foreign financial assets that exceed certain thresholds must report those assets to the IRS on Form 8938, Statement of Specified Foreign Financial Assets. File Form 8938 if max value of account exceeds $50,000 at any point during the year. Must use US Treasury FMS website Treasury Reporting Rates of Exchange to calculate foreign currency exchange rate.

The new Form 8938 filing requirement does not replace or otherwise affect a taxpayers requirement to file FBAR. A chart providing a comparison of Form 8938 and FBAR requirements, and other information to help taxpayers determine if they are required to file Form 8938, may be accessed from the IRS Foreign Account Tax Compliance Act Web page.

3. Offshore Voluntary Disclosure Program
On Jan 9, 2012, the IRS reopened the Offshore Voluntary Disclosure Program following continued interest from taxpayers and tax practitioners after the closure of the 2011 and 2009 programs. This program will be open for an indefinite period until otherwise announced.

Source: IRS