COMMON TAX Q&a FOR INDIVIDUALS


Q: Who is required to file a 1099-MISC?

A: You must file a Form 1099-MISC for each person/vendor you have paid at least $600 in any of the following categories unless the payment was made to another business that is incorporated, but not for medical or legal services:


  • Rents/Royalties
  • Services
  • Prizes and Awards
  • Medical and Health Care payments
  • Attorney's fees


You are required to have on file a completed Form W-9 for any vendor to which you pay $600 or more (by cash or check) for services in a calendar year. Although most corporations are exempt from receiving a 1099 (with the exception of attorneys and some health care providers), you must still have a Form W-9 on file to confirm entity type. We encourage you to collect a completed form before you release payment to a vendor. You are not required to get a new form from each vendor every year. However, you are required to confirm each year that the information has not changed.

If you have requested a Form W9 and have not received a completed form from a vendor, please request a copy of the Form W9 again, in writing, and keep a copy of the request as proof of your due diligence. If you are still paying this vendor for services, and they have neglected to provide a W9 when asked, you are required to withhold 24% backup withholding from future payments. The vendor may be subject to a fine from the IRS if they refuse to provide a form W-9. However, the IRS looks to the payer as the party responsible for collecting and retaining the Form W-9, or carrying out the required withholding and reporting, and may impose fines and penalties for failure to do so.

If you own rental property reported on Schedule E of a 1040, it is essential you file the required 1099’s to establish that your rental is a trade or business.  This is necessary in order to take full advantage of tax deductions like 199A created by the Tax Cuts and Jobs Act .  Consult your tax advisor for further details or questions.


Q: Does it make sense to file Married Filing Separate instead of Joint?

​A: ​In a community property state, the answer is likely no. ​​Salaries and Wages by either person counts as community income and is split 50/50.  That coupled with elimination of several credits due to filing separate usually means this isn’t a good choice.

In a non-community property state, it can make sense if joint income creates a higher tax bracket.  Filing separate can also help taxpayers that itemize as the limits are often percentages of gross income.  For example, medical is only deductible if the costs exceed 10% of adjusted gross income.  Filing separate lowers the limits.  Consult your CPA to see if it makes sense in your tax situation.


Q: Are there penalties for filing an extension? Is filing an extension bad?

A:  Filing an extension gives you 6 additional months to file a personal income tax return.  However, it does not give you an extension to pay your taxes.  You must send payment for 100% of taxes owed on April 15th, or you face a failure to pay penalty of .5% a month on the unpaid balance.


Q: I just started a small schedule C business, what are some common expenses I can take a deduction for?

A:  Besides the normal business expenses, which are easily tracked like property taxes, rent, dues and subscriptions, supplies, etc., a very common business expense that requires a little additional tracking is automobile expenses.  The standard mileage rate for 2019 is 58 cents for each business mile driven.  The IRS requires a travel log to support your business miles, which should include dates of business trips, starting points and destinations, business purpose of trip, starting and ending mileage, tolls or any other trip related costs.  Alternatively, you can choose to use actual vehicle expenses instead of the standard rate, which can include gas, depreciation, repairs and maintenance, etc.


Q: Are my charitable donations or medical expenses deductible?
A:  Although your charitable donations are likely 100% deductible up to 30% or 60% of your adjusted gross income depending on charitable organizations, you might not actually be getting any tax benefit.  Charitable donations are an itemized deduction so you only get a tax benefit if you choose to itemize rather than taking the standard deduction (12,200 for single and 24,400 for married filing joint for 2019).

Similarly, medical expenses are also itemized and must be over 10% of adjusted gross income in 2019 before they provide any tax benefit.  If all your itemized deductions in total are under the standard deduction amount, you will receive no tax benefit for having these expenses.

Q:  Are Cryptocurrencies taxable with the current tax law?
A:
  Yes.  Even if no 1099 was issued, the IRS required you to self-report any capital gains and track your own cost basis in 2018/2019.  The IRS has been sending out thousands of letters to potential cryptocurrency sellers for failing to pay required taxes.


Contact us for further information and assistance.

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