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EDUCATION TAX CREDIT
Available Education Credits
There are 2 credits allowed for higher education: the Hope Credit and the Lifetime
Learning Credit. You can claim the credits for eligible expenses paid on behalf of
yourself, your spouse or a dependent for whom you can claim an exemption.
Hope Credit — The credit is allowed for the first 2 years of college. It may not be claimed
for more than 2 years, and the student must be enrolled in at least half of a full-time load
in a degree program. Plus, the student can't be convicted of felony possession of a
controlled substance.
Lifetime Learning Credit — This credit can be claimed for any number of years. The
number of hours the student is enrolled and drug felony convictions aren't factors for the
Lifetime Learning Credit.
You can claim both credits for one year, but you can claim only 1 of the credits for any
student. For example, you can claim a Hope Credit for 1 of your children and the Lifetime
Learning Credit for another, but you can't claim both credits on behalf of either of the
children.
To claim the credit, modified adjusted gross income (MAGI) must be less than $58,000
for Single, Head of Household and Qualifying Widow(er) ($116,000 for Married Filing
Jointly), and the student must be attending an eligible institution. Those who are Married
Filing Separately can't claim the credits.
If the parents are eligible to claim the student as a dependent, they claim the credit
unless they choose not to claim the exemption for the student. The student can't claim
his or her exemption even though he or she can claim the credit.
Note: For students who attended an eligible educational institution in a Midwestern
disaster area, the Hope Credit can be as much as $3,600. The Lifetime Learning Credit
for such students is 40% of eligible expenses with a maximum credit of $4,000. These
provisions apply for 2008 and 2009.
Tuition and Fees Deduction
If your MAGI is $65,000 ($130,000 if Married Filing Jointly) or less, you can deduct up to
$4,000 of eligible tuition and fees for yourself, your spouse or a person for whom you
claim a dependent exemption. If your MAGI is between $65,000 and $130,000 ($130,000
and $160,000 if Married Filing Jointly), you can deduct up to $2,000 of eligible tuition and
fees. If your MAGI is more than $80,000 ($160,000 or more if Married Filing Jointly) you
can't claim the tuition and fees deduction.
You can't claim the deduction if you're Married Filing Separately, if another person can
claim you as a dependent, or if you were a nonresident alien for any part of the year
(unless you elect to be treated as a resident alien).
You can claim the tuition and fees deduction or an education credit for a student, but not
both. Choose the benefit that results in the larger tax savings. You can't use expenses
used to figure this deduction when figuring the exclusion for savings bonds interest or
the exclusion for income from a distribution from a Coverdell ESA or QTP. You also
must reduce the expenses used to figure this deduction by the amount of tax-free
scholarships and nontaxable employer-provided educational assistance you received.
Student Loan Interest Deduction
You may be able to deduct up to $2,500 of interest payments on a qualified student loan
if your modified adjusted gross income (MAGI) is less than $70,000 ($145,000 if Married
Filing Jointly). You can't deduct student loan interest if someone else claims you as a
dependent or if you're Married Filing Separately. For the Student Loan Interest
Deduction, a dependent includes the following:
An individual who was not eligible to be claimed as a dependent because the individual
filed a joint return.
An individual who was not eligible to be claimed as a dependent because the individual
had gross income of $3,500 or more.
An individual for whom you can't claim an exemption only because you're the dependent
of another taxpayer.
The loan can't be from a related person or made under a qualified employer plan. You
can deduct the interest only if you are legally required to make payments on the loan.
The student must be enrolled at least half-time in a program leading to a degree or other
recognized educational credential.
You can't claim the deduction for student loan interest if a deduction for the interest
would be allowed under another rule (for example, under the rules for home mortgage
interest).
The Student Loan Interest Deduction is taken as an adjustment to income, so you can
claim this deduction even if you don't itemize deductions on Schedule A (Form 1040).
Work-related Education and Employer-provided Educational Assistance
You may be able to deduct the cost of qualifying work-related education as a business
expense if you weren't reimbursed by your employer or if the cost exceeded your
reimbursement. You can claim the deduction only if you itemize deductions. The
deduction is one of the deductions subject to the 2% of adjusted gross income floor. The
education must also meet one of these criteria:
The education is required by law or by your employer to keep your present salary, status
or job.
The education maintains or improves skills needed in your present work.
If the education is needed solely to meet the minimum educational requirements of your
present job, or will qualify you for a new trade or career, you can't deduct the
educational expenses. Tuition and fees you can't deduct because they don't meet the
requirements may be deductible as part of the tuition and fees deduction discussed
below. It's generally better to claim the tuition and fees deduction.
If you receive educational assistance benefits from your employer under an educational
assistance program, you can exclude up to $5,250 of those benefits each year.
Payments in excess of $5,250 are taxable unless the payment qualifies as a working
condition fringe benefit. The payment will qualify under this provision if you could deduct
the education expense if you paid for it. Benefits include payments for tuition, fees,
books, supplies and equipment. The payments may be for either undergraduate- or
graduate-level courses. To qualify, the plan must be written. Your employer will include
the taxable amount (if any) in your W-2 wages.
Education Tax Credit, Tax Saving, Tax
Reduction, Tax Benefits. How to
Maximize Your Tax Deductions
Ten Top Tax Tips!
Financial Aid
When applying for financial aid, you may be asked to
provide a copy of your federal income tax return. If you
previously filed Form 1040 (1040, 1040A or 1040EZ),
then you may use Form 4506 to request the IRS send a
copy of your tax return to a third party.
Scholarships: Scholarships include amounts paid
because of academic, athletic, musical or other
abilities. For degree candidates, only the portion of a
scholarship used to pay for amounts other than tuition
and required fees is taxable. Required fees are items
that are required for all students in a particular
program. Scholarship amounts used for room and
board, travel, research, clerical help and equipment
are taxable.
Grants: Pell Grants, Supplemental Educational
Opportunity Grants and Grants to States for State
Student Incentives are treated like scholarships and
are tax-free to the extent they are used to pay for
qualifying expenses. Money from these sources used
for travel to and from school is taxable. Payments
received for education, training or subsistence under
any law administered by the Department of Veterans
Affairs (VA) are tax-free.
Fulbright Grants: These may be awarded for study,
research or teaching abroad. These grants are
generally treated as any other scholarships in figuring
how much of the grant is tax-free. For example, if a
taxpayer receives a Fulbright Grant for lecturing or
teaching, it's payment for services and is taxable.
How to Report Financial Aid on a Tax Return
Don't report nontaxable scholarship amounts on your
tax return. Taxable amounts are included with wages,
even if the scholarship amounts aren't shown on a W-2
form.
Form 1040EZ: Include the taxable amount not reported
on Form W-2, line 1. Print "SCH" and the amount not
reported in the space to the left of line 1.
Form 1040 or 1040A: Include the taxable amount not
reported on Form W-2, line 7. Print "SCH" and the
amount not reported on the dotted line next to line 7 on
Form 1040 or in the space to the left of line 7 on Form
1040A.
Higher Education Credits
The government provides you with 2 types of credits
while you're attending a higher-learning institution:
The Hope Credit is allowed for the first 2 years of
college. It may not be claimed for more than 2 years.
You must be enrolled in at least half of a full-time load
in a degree program.
The Lifetime Learning Credit can be claimed for any
number of years. The number of hours you are enrolled
in is not a factor.
To see if you qualify for either one of these credits or
another education credit, check with an H&R Block tax
professional.
State Taxes
Going to school in a different state from your home
state isn't considered a permanent address change. If
you're attending college out-of-state, you'll still file taxes
for your home state. However, if you earn income in the
state you're attending college, or if you are considered
to be a statutory resident of the state in which you're
attending college, you'll file a return in both states.
The IRS Web site (www.irs.gov) contains forms, worksheets and
publications you need to complete your tax returns. It also contains
advice, FAQs, and new and changing tax laws. There are also links and
information for your state taxes and online tools and calculators.
The IRS Web site is a great resource for all your income tax questions,
but if you need to contact the IRS by phone, here are some important
numbers.
Customer Service
800-829-1040
Forms & Publications
800-829-3676
Lost IRS Check
800-829-4477
File an Extension
888-796-1074
Pay Tax by Credit Card
800-2PAY-TAXSM or 888-PAY-1040SM
Questions About Refund
Offsets to IRS Liabilities
800-829-4477
Refund Status
800-829-4477
Find Refund Status Online
Problem Resolution
877-777-4778
TAX AMENDMENT
To file an amended return, you must fill out Form 1040-X.
On the back of the form, you need to explain the specific changes being
made on the return and the reason for each change.
Filing an Amended Return
To file an amended return, fill out Form 1040-X - Amended U.S. Individual
Income Tax Return and include copies of any schedules that have been
changed or any W-2s you did not include with your original return. To be
entitled to a refund, the form generally must be filed within 3 years after
the date you filed the original return or within 2 years after the date you
paid the tax, whichever is later.
Completing Form 1040-X
Form 1040-X is designed with 3 columns. Column A is used to show the
figures from the original return. Column C is used to show the correct
figures. The difference between the figures in Columns A and C is
shown in Column B. On the back of the form, you need to explain the
specific changes being made on the return and the reason for each
change. If the changes involve another schedule or form, attach it to
Form 1040-X. Be sure to enter the year of the return you're amending.
There are exceptions to the 3-year rule for certain items such as net
operating losses, general business credit carrybacks, bad debts and
worthless securities. Review the instructions to Form 1040-X for other
exceptions.
If you are filing more than 1 amended return, be sure to mail each return
in a separate envelope to the service center for the area in which you
live.
A change in your federal return may affect your state tax liability and
require an amended state return. For information on state changes,
contact your state's Department of Revenue.
You filed on time but didn't pay all of your balance due.
You'll generally have to pay a late-payment penalty of 0.5% of the tax owed
for each month, or part of a month that the tax remains unpaid after the
due date, up to 25% of the tax due. The 0.5% rate increases to 1% if the tax
remains unpaid after several notices have been sent to you, and the IRS
issues a notice of intent to levy. The penalty will not be imposed if you can
show reasonable cause for the failure to pay.
You haven't filed or paid your balance due.
If you did not file on time, and you owe tax, you may owe a late-filing
penalty in addition to the late-payment penalty unless you can show
reasonable cause. The combined penalty is 5% (4.5% late filing, 0.5% late
payment) for each month, or part of a month, that your return is late. The
late-filing penalty is generally imposed for a maximum of 5 months.
However, after 5 months, if you still have not paid, the 0.5% late-payment
penalty continues to run, up to 25%, until the tax is paid. So, the combined
maximum penalty may be as high as 47.5% [(4.5% x 5 months) + 25%].
Note: If your return is more than 60 days late, the minimum late-filing
penalty is the smaller of $135 or 100% of the tax required to be shown on
the return.
You're paying taxes through an installment agreement.
If you or your tax professional filed Form 9465 requesting an installment
payment plan, and the IRS accepted your installment payment plan, they
will charge you an administrative fee plus interest on the unpaid tax. If you
filed a timely return and are paying your tax due according to an
installment agreement, the late-payment penalty is 0.25% (instead of 0.5%)
for each month, or part of a month, that the tax remains unpaid.
Regardless of which category you fall into, you'll owe interest on any
balance due from the due date of the return until the date of payment. The
interest rate is adjusted every 3 months.
FILING YOUR TAXES LATE:
If you file on time, but don't pay the entire
balance you'll be charged a late payment
penalty of 0.5%, up to 25%, of the unpaid tax.
You may be penalized up to 47.5% of your
unpaid tax if you don't file your return on time.
If you request an installment payment plan for
your taxes, and the IRS accepts it, you'll be
charged a fee plus interest on all unpaid
taxes.
How to Maximize Your Tax
Deductions
Ten Top Tax Tips!
Do you dread tax time? You don’t have to. Most
real estate investors actually look forward to April
15th. Why? Because despite the current condition
of our housing and mortgage industries, real
estate provides more tax benefits than almost
any other investment. And maximizing your tax
deductions only makes good business sense.
That being said, let’s take a look at 10 of the best
tax deductions available to you as an owner of
investment property:
1. Mortgage Interest
Interest might be your single biggest deductible
expense. Common examples of interest that
landlords can deduct include mortgage interest
payments on loans used to acquire or improve
rental property and interest on credit cards for
goods or services used in a rental activity. (Any
points or closing costs paid on a mortgage loan
secured by an income-producing property are
also deductible.)
2. Depreciation
Depreciation is the loss in value of an asset or
building over time due to wear and tear, physical
deterioration and age. The IRS allows you to
depreciate income-producing properties over
their useful life (27.5 years for residential and 39
years for commercial). You’ll be thankful every
year at tax time if you use depreciation correctly.
3. Insurance
You can deduct the premiums you pay for almost
any insurance for your rental activity. This
includes fire, theft, and flood insurance for rental
property, as well as landlord liability insurance.
And if you happen to have employees, you can
deduct the cost of their health and workers’
compensation insurance.
4. Homeowner’s Association (HOA) Dues
Yep, that’s right. If you own a real estate
investment property within a subdivision that
charges those annoying quarterly HOA fees, you
can write those off your taxes.
5. Repairs
The cost of repairs to rental property is fully
deductible in the year they are incurred. Good
examples of deductible repairs include
repainting, new flooring, fixing leaks, plastering,
and replacing broken windows.
6. Personal Property
This includes such items as furniture,
appliances, lawn mowers, snow removal
equipment, etc. which are not permanently
attached to the land.
7. Home Office
Provided they meet certain minimal
requirements, you may deduct your home office
expenses. This deduction applies not only to
space devoted to office work, but also to a
workshop or any other home workspace you use
for your rental business.
8. Travel
Landlords are entitled to a tax deduction
whenever they drive anywhere for their rental
activity. For example, when you drive to your rental
building to deal with a tenant complaint or go to
the hardware store to purchase a part for a repair,
you can deduct your travel expenses.
And believe it or not, you can even deduct your
long distance travel! If you travel overnight for your
rental activity, you can deduct your airfare, hotel
bills, meals, and other expenses. If you plan your
trip carefully, you can even mix business with
pleasure and still take a deduction!
9. Employees and Independent Contractors
Whenever you hire anyone to perform services on
your investment property, you can deduct their
wages as a rental business expense. This is true
whether the worker is an employee (for example,
a resident manager of an apartment complex) or
an independent contractor (for example, a repair
person or maintenance guy).
10. Legal and Professional Services
Finally, you can deduct fees that you pay to
attorneys, accountants, property management
companies, real estate investment advisors, and
other professionals. You can deduct these fees
as operating expenses as long as the fees are
paid for work related to your rental activity.
Claim the Hope Credit for qualified expenses during the
first 2 years of higher education at an eligible institution,
up to $1,800 per student per year. The limit is $3,600 for
students attending school in a Midwestern disaster area.
The Tuition and Fees Deduction allows you to deduct up to
$4,000 of qualified education expenses.
You may be able to deduct up to $2,500 of interest
payments on a qualified student loan.
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Life insurance, payable when you die, can provide a
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Annuities & Pensions Insurance
Basically, an annuity is just a series or stream of
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2009-2010 TAX INFORMATION CENTER. The More You Know About Taxes;
The Less tax You Pay, and More Money You Will Receive From
IRS. TAX ADVANCE CENTER --- www.knowledgefinancial.com
“In this world nothing
can be said to be certain,
except death and taxes.”
— Benjamin Franklin
TAXES: THE FUNDAMENTAL OF TAXES.
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