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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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I am self employed, I am filing my 2012 tax return and I would

Resolved Question:

I am self employed, I am filing my 2012 tax return and I would like to attach my new car sales contract to get a tax deductible? It is a co pay car sales contract with my name and my son's name.

I also have a new car sales contract on 8/2006, would I be able to get a tax deductible for my 2012 tax return?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

Hi and welcome to Just Answer!
Can you clarify what does you mean under "new car sales contract" - ?
What specific expenses are you going to deduct?
Are you using your car for business? If yes - are you deducting actual car expenses or you are using standard mileage rate to determine your expenses?

Customer:

I purhcased a Nissan Murano SUV on 8/2006 and I purchased a Hyundai Sonata on 4/2012. Am I able to deduct the sales tax on my tax return?

Customer:

Please repsond to me via comment thread as I have a family emergency I need to attend and will not be able to chat online.

LEV :

Yes - you may deduct sales taxes. That deduction is claimed on schedule A - line 5.
There are some requirements - first of all - you need to itemize, Second - you need to choose to deduct state and local sales taxes and not state income taxes.
You will be able to deduct only sales taxes paid in 2012. Sales taxes paid in 2006 may be only deducted on your 2006 tax return.

Customer:

Please repsond to me via comment thread as I have a family emergency I need to attend and will not be able to chat online.

LEV :

If you file a Form 1040, and itemize deductions on Schedule A, you have the option of claiming either state and local income taxes or state and local sales taxes. (You can’t claim both.) If you saved your receipts throughout the year, you can add up the total amount of sales taxes you actually paid and claim that amount.


If you didn’t save all your receipts, you can still choose to claim state and local sales taxes


You may use this online calculator to determine sale tax deduction - http://apps.irs.gov/app/stdc/
Sales taxes paid on your car should be added to that amount.

Customer:

So if I already filed my 2006 tax return then am I able to deduct it on my 2012 tax return or amend it on


my 2006 tax return to deduct this item?

Customer:

Regardinig to needing to choose to deduct state and local sales taxes and not state income


taxes. I am confused, please explain what this means?

Customer:

In addition, I purchased cell phone and paid sales tax, am I able to deduct this as well?

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Expert:  Lev replied 1 year ago.
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Expert:  Lev replied 1 year ago.

So if I already filed my 2006 tax return then am I able to deduct it on my 2012 tax return or amend it on my 2006 tax return to deduct this item?
You may not deduct expenses paid in 2006 on your 2012 tax return. To deduct such expenses you need to amend your 2006 tax return. However because of three years status of limitation the IRS will NOT issue any refund check for 2006.

If you owe 2006 taxes - your tax debt will be reduced, but if you want to claim a refund - sorry - it is too late for 2006.
Regarding to needing to choose to deduct state and local sales taxes and not state income taxes. I am confused, please explain what this means?
There are two tax types you may deduct on your tax return - state income taxes and sales taxes - generally - you may choose which to deduct - whatever is more beneficial - that you will choose. But we are not allowed to deduct both. See schedule A line 5 - www.irs.gov/pub/irs-pdf/f1040sa.pdf - there are two check boxes - and we need to choose only one.

 

In addition, I purchased cell phone and paid sales tax, am I able to deduct this as well?

Yes - you may deduct all sales taxes you paid during the tax year - you may collect all your receipts and add all together.

 

Let me know if you need any help.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


Regarding to the statue of limitations is 3 yeras, then If I didn't file my 2003 and 2004 tax returns, am I able to file it now so my social security statement records this earnings?


 


I have rent deposits receipt from 2012 and commuting train receipts to from and to work for 2012, am I able to use it toward a deduction on my 2012 return?

Expert:  Lev replied 1 year ago.
Regarding to the statue of limitations is 3 yeas, then If I didn't file my 2003 and 2004 tax returns, am I able to file it now so my social security statement records this earnings?
You may file your tax return ANY time - and your social security records will be updated with correct earnings - there is no statute of limitation on that.
The statute of limitation limits your ability to receive additional refund after three years.

I have rent deposits receipt from 2012 and commuting train receipts to from and to work for 2012, am I able to use it toward a deduction on my 2012 return?
If these are business related - yes - they are deductible.
However transportation expenses between your home and work place are NOT deductible commuting expenses. However if you have two jobs - transportation between these two work places is deductible business travel.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

 


I filed my 2003 and 2004 about 2 years ago and the tax dept rejected it? Why is that? Also how do I check my tax return history on 2003 and 2004 is actually recordrd into my social security earning statement?



I am taxi driver, is the commuting train receipts deductible for my job?

Expert:  Lev replied 1 year ago.

I filed my 2003 and 2004 about 2 years ago and the tax dept rejected it? Why is that?
If your tax returns were rejected - you should receive a letter with explanation. Please provide exact wording from that letter and I will verify. Most likely - not your tax returns were rejected - but a refund - however to be précised we need to know the reason from the letter you received.
Also how do I check my tax return history on 2003 and 2004 is actually recorded into my social security earning statement?
To check your earning history - you need a statement from SSA.
See information here - http://www.ssa.gov/online/ssa-7050.pdf
Or you may create your SSA account and verify online - see here - http://www.ssa.gov/myaccount/
I am taxi driver, is the commuting train receipts deductible for my job?
Commuting from home to work and from work to home are NOT deductible.
See IRS publication 463 page 14 right column - http://www.irs.gov/pub/irs-pdf/p463.pdf
Daily transportation expenses you incur while traveling from home to one or more regular places of business are generally nondeductible commuting expenses. However, there may be exceptions to this general rule. You can deduct daily transportation expenses incurred going between your residence and a temporary work station outside the metropolitan area where you live.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
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Customer: replied 1 year ago.


Ok, I check back my records for the exact wording for why was my 2003 and 2004 tax return rejected.


 


Am I abel to get a copy of my 2003 & 2004 tax return record from the IRS?


 


In the event I die, will my social security benefits I receive every month be collected for my sole survivor such as my daughter 38 years old, son 40 years old, and x-wife 62 years old?


 


 

Expert:  Lev replied 1 year ago.

Am I able to get a copy of my 2003 & 2004 tax return record from the IRS?
It would be very hard and time consuming to get tax information from the IRS that is older than 6 years.
Copies of tax returns are only available for last 3 years and tax return transcripts are available for last 6 years.
You may still get older information from the IRS - but most likely will need a professional help. You may find here some detailed information about requesting and decoding the Individual Master File (IMF) - http://www.famguardian.org/TaxFreedom/Instructions/0.8ObtAndAnalyzingIMF.htm
That is the only way to get older information from the IRS system.

 

In the event I die, will my social security benefits I receive every month be collected for my sole survivor such as my daughter 38 years old, son 40 years old, and x-wife 62 years old?
Your unmarried children who are under 18 (up to age 19 if attending elementary or secondary school full time) can be eligible to receive Social Security benefits when you die.
And your child can get benefits at any age if he or she was disabled before age 22 and remains disabled.
If you have a surviving divorced spouse, he or she could get the same benefits as your widow or widower provided that your marriage lasted 10 years or more.

See for reference - http://www.ssa.gov/pubs/media/pdf/EN-05-10077.pdf

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.


My surviving divorced spouse marriage lasted with me for over 26 years before. I then married another person for about 4 years then divorced. Does the second divorced person who ened the marriage in 4 years ever qualified to collect my social security benefits?


 


My surviving divorced spouse is now about 61 years old. In the event, if I die, then does my surviving divorced spouse have to be 65 years old to collect my social security benefits? How does she collect my benefits in the event I die, does she have to apply for it or do I write a will?


 


Is my children ever able to collect my social security benefits when they reach 65 years old?

Expert:  Lev replied 1 year ago.
Social security benefits are not passed by the Will - but are passed by the law.
Your ex-spouse may apply for benefits based on her or your working record - whatever is more beneficial.
As long as you were married more than 10 years - she may apply based on your record.
She would need to apply - file an application with the Social Security Administration.
She would be eligible regardless if you are alive or die.
She is eligible after the age 62.

Your children might collect social security benefits based on your record only up to the age 19 or if they are disabled. Otherwise - they should have their own social security record to be eligible.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

My ex-spouse still needs 1 year and half of working credits to qualify for obtaining social security benefits plus she is 61 years old now and is not 65 years old yet.


 


However, if my ex-spouse applies for benefits based on my working record, she may be able to qualify. How does she apply for social security benefits based on my record - does she go to the social security office to apply for it or is she able to apply for it via social security online?


 


If my ex-spouse apply benefits based on my working record, does she need to show any joint tax returns or not?


 


If my spouse choose to apply for benefits based on her own working record but one day if I die, would my ex-spouse be able to collect her own benefits and collect my benefits as well?

Expert:  Lev replied 1 year ago.
How does she apply for social security benefits based on my record - does she go to the social security office to apply for it or is she able to apply for it via social security online?
Regardless if she will apply for social security benefits on her or on your record - she may apply either way - online or by visiting a local social security office.
On the application - she will provide her and your information - and the system will provide all allowable options.
Here is a page to start SS application online - https://secure.ssa.gov/iCLM/rib
This publication will guide you via application process - http://www.ssa.gov/pubs/10523.pdf

To find a local office - enter your zipcode on this page - https://secure.ssa.gov/apps6z/FOLO/fo001.jsp

If my ex-spouse apply benefits based on my working record, does she need to show any joint tax returns or not?
There is no need to provide joint tax returns - but she might need to proof the fact of being married more than 10 years.
If my spouse choose to apply for benefits based on her own working record but one day if I die, would my ex-spouse be able to collect her own benefits and collect my benefits as well?
Only one social security benefits would be available - not two benefits.
Lev, Tax Advisor
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Customer: replied 1 year ago.

 


My surviving divorced spouse marriage lasted with me for over 26 years. Then my surviving divorced spouse remarried another man for 11 years and then they divorced.


 


Does my spouse get to choose which spouse working record she wants to apply for benefits?


 


If my spouse uses my work record to apply for benefits, does she receive the same amount of what I receive every month for benefits?


 


When you stated that only one social security benefit would be available - not two benefits. For example, if my ex-spouse is receiving her own social security benefits now every month, then one day if I die, my spouse will not be able to collect my social security benefits? Is this correct?

Expert:  Lev replied 1 year ago.
Does my spouse get to choose which spouse working record she wants to apply for benefits?

Even if he or she has never worked under Social Security, your spouse may be able to get benefits if he or she is at least 62 years of age and you are receiving or eligible for retirement or disability benefits. He or she can also qualify for Medicare at age 65.

If your divorced spouse remarries, he or she generally cannot collect benefits on your record unless their later marriage ends (whether by death, divorce or annulment).
Your divorced spouse can choose to receive only the divorced spouse's benefits when he or she applies online and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.
If the benefit on your record is a higher amount she will get a combination of benefits that equals that higher amount (reduced for age).

 

If my spouse uses my work record to apply for benefits, does she receive the same amount of what I receive every month for benefits?

Her benefits would be 50% of your benefits.


When you stated that only one social security benefit would be available - not two benefits. For example, if my ex-spouse is receiving her own social security benefits now every month, then one day if I die, my spouse will not be able to collect my social security benefits? Is this correct?

If social security benefits will be larger based on your record - she will receive those provided more benefits - but not two.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

If my ex-spouse uses my work record to apply for benefits, will I receive less or the same amount of benefits I receive every month?


 


If my ex-spouse apply for benefits in the social security office, does my ex-spouse tell them that she wants to apply based on my work record?


 


If my ex-spouse remarries and then divorced that person, can she collect benefits on my record?



If my ex-spouse divorced with another man, but she did not receive any spousal support or any benefits from him. Does that mean that she could collect benefits from my record?

Expert:  Lev replied 1 year ago.

If my ex-spouse uses my work record to apply for benefits, will I receive less or the same amount of benefits I receive every month?

Your social security benefits are not affected.

If my ex-spouse apply for benefits in the social security office, does my ex-spouse tell them that she wants to apply based on my work record?

She will provide your identification (name and SSN) and they will give her all possible options and amounts of benefits with each option - she will choose the one most beneficial for her.
If my ex-spouse remarries and then divorced that person, can she collect benefits on my record?

Yes.
If my ex-spouse divorced with another man, but she did not receive any spousal support or any benefits from him. Does that mean that she could collect benefits from my record?

Spousal support doesn't affect eligibility to social security benefits.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

 


When I divorced with my first wife the marriage lasted 26 years. The I remarried my 2nd wife and the marriage lasted about 5 years, then I divorced her. Being that I remarried but then I divorced, is my 1st ex-spouse able to collect my benefits based on my work record? And is my 2nd ex-spouse able to collect my benefits on my record as well?


 


If I die, does my ex-spouse have to wait till she is 65 years old in order to collect 100% of my social security benefits?



Does my ex-spouse have to be 62 years old to be eligible for Social Security survivors benefits when a person getting benefits dies.



If my ex-spousal got divorce again with another person, can she choose to receive 1st ex-spouse's benefits - work record? Or can she only choose the 2nd ex-spouse's benefits - work record which ever beneficial?



If I receive social security benefits amount about $950.00 a month, does my ex-spousal receive the same amount of benefits when she applies for benefit based on my work record?


 


If I did not work on 2011, do I still have to file a tax return for 2011?

Expert:  Lev replied 1 year ago.

When I divorced with my first wife the marriage lasted 26 years. The I remarried my 2nd wife and the marriage lasted about 5 years, then I divorced her. Being that I remarried but then I divorced, is my 1st ex-spouse able to collect my benefits based on my work record? And is my 2nd ex-spouse able to collect my benefits on my record as well?
Your first spouse will be able to collect social security benefits based on your record because you were married more than 10 years. However your second spouse will not be able to collect social security benefits based on your record because you were married was less than 10 years

If I die, does my ex-spouse have to wait till she is 65 years old in order to collect 100% of my social security benefits?

I home you will live longer and that issue will not be your real concern.
Because you were remarried - 100% of your social security benefits will not be available for your spouse. She may collect 50% of your benefits and may start collecting at age 62.

Does my ex-spouse have to be 62 years old to be eligible for Social Security survivors benefits when a person getting benefits dies
Because you were remarried - Social Security survivors benefits are not available for your ex-spouse - but she may collect social security benefits based on your earning record because you were married more than 10 years.

If my ex-spousal got divorce again with another person, can she choose to receive 1st ex-spouse's benefits - work record? Or can she only choose the 2nd ex-spouse's benefits - work record which ever beneficial?
If she will be married with another person more than 10 years - she will be eligible for social security benefits based on earning record of that person - and not you.

If I receive social security benefits amount about $950.00 a month, does my ex-spousal receive the same amount of benefits when she applies for benefit based on my work record?
Her benefits will be 50% of that amount - and may be reduced lower if she apply before her full retirement age.

If I did not work on 2011, do I still have to file a tax return for 2011?
If your taxable income is below filing requirement threshold - you MAY but you are NOT required to file a tax return.
For 2011 filing requirements for most taxpayers is $9500.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

 


My earnings record is more beneficial than my ex-spouse's husband she divorced. Her second marriage lasted more than 10 years but she divorced him and she does not want to apply benefits based on his work record.


 


Therefore, can my ex-spouse apply benefits based on my benefits instead of the other ex-husband she divorced?

Expert:  Lev replied 1 year ago.
Your divorced ex-spouse can receive benefits based on your record only if the benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit she would receive based on your work.

She may apply for highest allowable benefits.
For instance - she may apply for benefits based only on your record at 62, and later - when she will reach the full retirement age - she should apply for benefits based on her earning record.

If your divorced spouse is eligible for retirement benefits on her own record SSA will pay that amount first. But if the benefit on your record is a higher amount, she will get a combination of benefits that equals that higher amount (reduced for age).
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
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Customer: replied 1 year ago.

If my divorced spouse does reach the full retirement age, but her earning record is less than mine, may she apply benefits based on my work record?

Expert:  Lev replied 1 year ago.
If my divorced spouse does reach the full retirement age, but her earning record is less than mine, may she apply benefits based on my work record?
If your divorced spouse is eligible for retirement benefits on her own record SSA will pay that amount first. But if the benefit on your record is a higher amount, she will get a combination of benefits that equals that higher amount.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

I apolgize for replying late, I had a cold and my doctor advised me to take my medication and get some rest.


 


My ex-spouse needs 1 year and half working credits to qualify and apply for her benefits. The SSA told her she needs 40 credits to qualify. If she still does not have enough work credits, could my ex-spouse that turns 62 years old later this year apply for benefits based on my work record?

Customer: replied 1 year ago.

My ex-spouse needs 1 year and half working credits to qualify and apply for her benefits. The SSA told her she needs 40 credits to qualify. If she still does not have enough work credits, could my ex-spouse that turns 62 years old later this year apply for benefits based on my work record?

Expert:  Lev replied 1 year ago.
That is correct - to qualify for social security benefits - the person should have 40 credits - before that - your ex-spouse doesn't qualify for social security benefits based on her own record.
However - as soon as she turns 62 - she may qualify for social security benefits based on YOUR record - and may apply.
As seen as she will qualify based on her own record - she should apply for benefits based on her earning record - and if the benefit on your record is a higher amount, she will get a combination of benefits that equals that higher amount (reduced for age).
She may however not to apply for social security benefits based on her own record till she reaches a full retirement age.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

Ok, what do you mean by (reduced for age)?

Expert:  Lev replied 1 year ago.
"reduced for age" means that the amount social security benefits is reduced if the person start receiving benefits before the full retirement age.
You may see here how benefits are reduced - http://www.socialsecurity.gov/retire2/agereduction.htm
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
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Customer: replied 1 year ago.

I want to see if the breakdown is correct as follows:


I am currently receiving benefits of $996.00 a month.


 


If my ex-spouse is 62 years old = she can apply benefits based on my work record. She can only receive 50% of my benefits which is ($996.00 / 2 = $498.00 a month.


 


Then when my ex-spouse turns to the retirement age of 66 years old then she will be able to apply benefits on her own work record which is apprximately $550.00. But if her benefit amount is less than mine (for ex: mine is: $996.00 and ex-spouse = $550.00) Then is my ex-spouse able to aaply benefits based on both mines and her own work record in order to receive benefit amount that will total $996.00?

Expert:  Lev replied 1 year ago.
That is correct - if my ex-spouse is 62 years old = she can apply benefits based on your work record.
If your benefits are $996 a month - her benefits would be 50% of your benefits $996 *50% = $498 a month.
Because she is not at full retirement age - her benefits will be reduced - if her year of birth is between 1943-1954 - reduction is 25% of her benefits.
The maximum benefit for the spouse is 50% of the benefit the worker would receive at full retirement age. The % reduction for the spouse should be applied after the automatic 50% reduction.
So her benefit reduction will be $498* 25% = $124
and her actual benefits $498 - $124 = $374.

Then when your ex-spouse will be eligible for social security benefits on her own work record - she may apply,
however she may postpone till her full retirement are - and will start receiving $550 based on her record.

But if her benefit amount will be less than based on your working record - your ex-spouse will receive her benefits plus a difference.
However - so far - I do not see that there will be any difference unless you will continue to work and your benefits will be larger.
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Customer: replied 1 year ago.

Ok, thanks for explaining the breakdown. Me and my son purchased a Hyundai Sonata on 4/2012 together. Both our names are XXXXX XXXXX purchase sales contract. We are filing our tax returns separately. Are we able to deduct the sales tax on the new car purchased on both our separate tax returns?

Expert:  Lev replied 1 year ago.
Yes - if both - you and your son paid sales taxes - each may deduct the amount paid.
For instance - total sales tax paid $1500 - from that amount assuming you paid $800 and your son paid $700,
so correspondingly - you may deduct $800 and your son may deduct $700.
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Customer: replied 1 year ago.

But I am the co-signer for the purchase sales contract the vehicle. We traded in our vehicle and purchased the new car and financed it with Chase Bank. Could we both still deduct the sales tax on our 2012 tax return?

Expert:  Lev replied 1 year ago.
Order to deduct certain expenses - you should pay such expenses or these expenses should be considered as paid by you.
Each of you may deduct expenses that are paid by each of you.
If you are looking to deduct the same expenses twice - that would be double dipping - not allowed.
But if you both paid sales taxes - each pay deduct a portion paid by each person - no issues.
Lev, Tax Advisor
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Customer: replied 1 year ago.


Ok, thank you very much for your assistance. I really appreciate your help. Have a great weekend.

Customer: replied 1 year ago.


I filed my taxes for myself and my son. My son taxes should of been able to qualify to deduct the car sales tax itemized on his 2012 tax return.


 


However, my accountant forget to do that and now my son owes the IRS $595 and the sales tax amount was $1121 and I could save money for my son to deduct thses sales tax on his 2012 return, but my accountant forget.


 


Now my accountant is denying his mistajke and told me that I cannot amend my son's 2012 tax return and he told me that it costs $150.00 to amend tax return. But that's ridiculous I already paid my accountant $150 to file the My accountant told me that anyway your son would only be able to save $138.00 if the tax deuctions was itemized and that I would have to pay $150.00 to amend the return!!! I was really mad and furious that he denied his mistake and was trying to rip me off and he was not looking out for his client's well being!!


 


If my accountant is not able to amend it what can I do at this point to amend it myself?

Expert:  Lev replied 1 year ago.
Sorry for your situation.
You definitely may amend your tax return - and you are not required to use any tax preparer - and perfectly may do that by yourself.
The issue is - that you need to use form 1040X to amend your tax return - that form may not be filed electronically - and should be mailed to the IRS. So because to manual processing - that might take up to two months for the tax return to be processed.
You need to prepare all other forms and correct all amounts - and should attach these forms to the tax return (form 1040X)
So far following are forms you need -
1040X - www.irs.gov/pub/irs-pdf/f1040x.pdf
schedule A - www.irs.gov/pub/irs-pdf/f1040sa.pdf
Let me know if you need any help.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


The tax account told me that it's a hard job and alot of work to amend the tax return. Would it be easy for me to do it byself? Do you agree with my accountant charging me $150.00 again for amending it?


 


Would I be able to use my 2012 Car sales contract to deduct it on my itemization for my 2013 tax return in the near future?

Expert:  Lev replied 1 year ago.
The tax account told me that it's a hard job and a lot of work to amend the tax return.
According to the IRS - see instructions - last page - http://www.irs.gov/pub/irs-pdf/i1040x.pdf - average amended tax return takes 7 hours and average cost is $90.
Consider that your change is only one place - I guess that it would take less time and could be less costly

Would it be easy for me to do it byself?
If you do not have experience - that might be not easy - but possible.

Do you agree with my accountant charging me $150.00 again for amending it?

No - I do not agree. We normally charge $75, but in some situations - the charge is waived.


Would I be able to use my 2012 Car sales contract to deduct it on my itemization for my 2013 tax return in the near future?

If expenses are paid in 2012 - they may be only deducted on 2012 tax return.

 

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


But my accountant told me that I may be able to sneak the sales tax on my 2013 return? I do not know if he is just telling me this and it may not even be a fact?

Expert:  Lev replied 1 year ago.
But my accountant told me that I may be able to sneak the sales tax on my 2013 return? I do not know if he is just telling me this and it may not even be a fact?
Expenses paid during 2012 may be only deducted on 2012 tax return. Deducting such expenses on 2013 would not be correct.
I am sure your tax preparer knows about that and I think that was a misunderstanding.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


No it was not a misunderstanding, my tax accountant told me that I can deduct my car sales tax 2012 to the 2013 tax return. I think my accountant is wrong and incorrect to tell me that. Going on forward I will hire another accountant that is competent in what he is doing. Thank you for your assistance. I really appreciate it. Have a blessed day.

Expert:  Lev replied 1 year ago.
Assuming you are a cash based taxpayer - as most of us are - you may deduct expenses based on when they are paid. You may not choose on which tax return to deduct expenses.
Thus if sales taxes are paid during 2012 - they may be only deducted on 2012 tax return. If paid during 2013 - they may be deducted ONLY on 2013 tax return.
That is so obvious and I simply do not believe that your tax accountant doesn't know these requirements.
To be précised - some expenses are capitalized - and are not deducted in the year paid - instead they are deducted ratable over the useful life of the capital asset.
However general sales taxes that are deducted on schedule A are not capitalized and may be ONLY deducted in the year paid.

There is another issue - we may choose to deduct either state and local income taxes OR sales taxes - but may not deduct both. In Texas for instance - there is no income taxes - and that is obvious that taxpayers choose to deduct sales taxes. In New York - the situation might be different - you might want to verify which deduction is more beneficial - income or sales taxes - and may only choose one option.

Regardless - I agree with you - if you do not feel confident with your tax accountant - you better to use a different service.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
Lev and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

I agree with you and thank you for providing your views and thoughts. I appreciate you explaining me the tax deduction policy.


 


I was arguing with my accountant and I think my accountant should know about these requirements but he not only charges a lot of money but I think he felt guilty that he did not save me additional $135 on my deduction and he did not want to amend it so he was trying to play me as fool and tell me that he may be able to sneak it in on the 2013 tax return. That is wrong and unethical and immoral to play a client like a fool.

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