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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1700
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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Hi Need advice on TAXES --I became unemployed in 2009 and

Customer Question

Hi Need advice on TAXES

--I became unemployed in 2009 and didn't file. The IRS has calculated those taxes for me.
--When I got behind, I didn't file for a few years because I was unemployed, didn't have the paperwork, and always said I'd get to it.
--During the time of the last 4 years, I have been caring for both aging parents. They help me with money, and I live with my father. BUT I don't have any income that is reported thought I've kept track of how much he gives me (1200 a month) which I guess works out to minimum wage for 40 hours a week.
--Since I've been caring for both parents and finding decent jobs for my field is hard, I've just sort of agreed with my sisters that this is OK until my parents pass. Works for everyone.
--NOW, I need to file my taxes for the last 4 years, and have the documents FROM THE IRS, so I have the forms the IRS has received, if any 1099, etc.
--I have TURBO TAX for the years in question and plan on just doing them over the next few days and submitting them so I am up to date.

To the IRS I don't really have a lot of reported income, but I want to claim the 1200 I get from my father so they see I do have $$ to live on.

--Should I just claim it as income?

--RECENT development.. My mother passed, and the State gave us her burial benefit which went straight to the mortician. My share of that is about 2300. I will claim that of course.

Essentially I need to catch up my taxes, have no reported income after unemployment ran out since I've been caring for aging parents with dementia.

I understand that I should claim the $$ my father gives me for spending etc.

I want to do this all in good faith. What should I do.
Submitted: 11 months ago.
Category: Tax
Expert:  Anne replied 11 months ago.

Anne :

Hi

Anne :

Thank you for using justanswer

Anne :

First let me extend my sympathy for the loss of your mother. Losing our parents is never easy, I know

Anne :

You are not required to file Federal income taxes if your income is less than the filing standards

Anne :

For 2012 you were not required to file unless your income was > $9750

Anne :

It sounds to me like the only income you currently receive is from your parents

Anne :

If that's the case, and you report the income.....this makes you self employed and you would need to file a Schedule C (Form 1040)

Anne :

Profit or loss from a business

Anne :

If your net income ( the $ your parents give you for helping them) less any expenses you may have is >$400, then you would also need to pay SE tax on that amount

Anne :

which is roughly 15% of the net

Anne :

However, as i stated, you only need to file a Federal tax return if your income exceeds %9751

Anne :

$9750

Anne :

So the real question here is..........are you being paid to take care of your parents, or are they more or less "gifting" that money to you

Anne :

Gifts are never taxed to the receiver

Anne :

If your parents "gifted" you more than $14,000 in 2012 ($13000 in previous year)

Anne :

Then they would have to file form 706 gift tax form, but they would NOT have to pay tax on the gift since there is no tax due unless your parents "gift" more than $5M over their lifetime

Anne :

Here are the yearly and lifetime exclusions on gift tax for previous years

Anne :

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/What%27s-New---Estate-and-Gift-Tax

Anne :

 


I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me.

Anne :

Please let me know if you have any follow up questions

Anne :

I will tell you that there a many people who don't file a Federal tax return simply because they didn't have enough taxable income to do so

Anne :

There are no repercussions from the IRS since if you don't make enough income to have to file

Customer:

HI so, if I say that I was gifted the money, which is sort of true since it was never a real "job" but more of a way to enable me to care for them, then it was more of a gifting. so the 1200 x 12 for the last years was 14400, which is sort of right around there.

Customer:

so the IRS would be OK with it if it was a gift. Is it considered income if I live with my father for the purposes of caregiving? I don't have to declare that free rent as income or what have you do I?

Customer:

I'm just making sure that I file the forms reasonably, and the IRS is happy. I did have some extra income last year since I did a little 1099 work for a friend. That I'll declare.

Customer:

Do I report the gift where it asks in the preparation?

Customer:

feel free to answer in the morning I'm not in a super rush.

Customer:

I have a second question that relates, but might be a second fee, you tell me. I'll add it after we get these cleared up.

Anne :

Ok

Anne :

what are your questions?

Customer:

HI sorry it' 3.a.m. you can answer them in a few hours, thanks!

Anne :

Ok..........till tomorrow then?

Customer:

yes, sleep!

Customer:

sorry, I'm actually traveling and forgot the time

Customer:

so sorry.

Anne :

no problem.........thank you

Customer:

Hi the questions are in the conversation right after your reply. Can you address them.

Customer:

Also, I need to see what to do re repayment. I can add funds to your fee for that since it's an additional or I can arrange a tip.

Customer:

Here are the questions again taken out of the above conversation.

Customer:

HI so, if I say that I was gifted the money, which is sort of true since it was never a real "job" but more of a way to enable me to care for them, then it was more of a gifting. so the 1200 x 12 for the last years was 14400, which is sort of right around there.





8/25/13 3:50 PM



so the IRS would be OK with it if it was a gift. Is it considered income if I live with my father for the purposes of caregiving? I don't have to declare that free rent as income or what have you do I?






8/25/13 3:51 PM



I'm just making sure that I file the forms reasonably, and the IRS is happy. I did have some extra income last year since I did a little 1099 work for a friend. That I'll declare.






8/25/13 3:51 PM



Do I report the gift where it asks in the preparation?






8/25/13 3:52 PM



feel free to answer in the morning I'm not in a super rush.






8/25/13 3:53 PM



I have a second question that relates, but might be a second fee, you tell me. I'll add it after we get these cleared up.



Customer:

Second Question is about how to handle arrears.

Customer:

Hi just saw you pop in

Customer:

sorry it's a mish mosh

Anne :

HI so, if I say that I was gifted the money, which is sort of true since it was never a real "job" but more of a way to enable me to care for them, then it was more of a gifting. so the 1200 x 12 for the last years was 14400, which is sort of right around there.

Customer:

yes

Anne :

Yes, this money could be considered a gift, which would make it non taxable to you, and since your mother was alive for most of the year , your father would not have to file the 706 gift form, since he could have "gifted" you up to $14,000 per year, and your mother could also have "gifted" you $14,000 per year

Customer:

ok, great.

Customer:

ok, how would you like to handle additional questions-- via tip?

Anne :

so the IRS would be OK with it if it was a gift. Is it considered income if I live with my father for the purposes of caregiving? I don't have to declare that free rent as income or what have you do I?

Customer:

sorry, you're answering. Sorry. I'll wait. Thanks!!

Anne :

As long as you are not being paid by the state of any other party to care for your parents, then the IRS will not have a problem

Customer:

Ok, great.

Anne :

Consider all the adult kids who have had to move back in with their parents due to lack of work

Customer:

I think that covers the first questions with the agreed fee. Want to answer a few more for either additional fee or tip?

Anne :

I'm just making sure that I file the forms reasonably, and the IRS is happy. I did have some extra income last year since I did a little 1099 work for a friend. That I'll declare.

Anne :

That would be the proper thing to do in that case

Customer:

right.

Customer:

I have that paperwork

Anne :

sure....tips give me a better cut lol

Customer:

OK, here are the questions:

Customer:

I'll give you 15 per question, so another 30 will that be OK?

Customer:

They aren't hard.

Customer:

see what you think

Customer:

--

Anne :

not a problem

Customer:

1. The IRS filed my taxes for me since I was so late for 2009. But I need to file the state.

Customer:

I got turbotax for 2009, so I can enter all the info and then file the state too.

Anne :

I've never used Turbo Tax......so I'm not following your question, other than you need to file your state return

Customer:

BUT, the Irs didn't send me the return that I can find, and I need the numbers off of it. Is the easiest way to do it to request a transcript? That will delay the filing further. Even though they were already filed and they determined that I owe 1790.00 because I was employed for part of the year

Anne :

ok.....now I get it

Customer:

the arrears are my second question. The first question relates to how to get the back forms quickly, if possible

Customer:

I think I just have to wait till they mail me a transcript

Anne :

Anytime someone does not file a tax return, the IRS files one for them using the singe (or married filing separate) status and the standard deduction..........if you had enough withheld to cover your taxes, then they leave you alone. If you didn't have enough withheld, then they send you a bill

Anne :

Yes, you will need the transcript

Customer:

sorry, to be clear-- additional question 1 is--- HOW can I most expedidtiously get a transcript so I can input the info, and then at least file my taxes for the feds and state.

Customer:

ok

Anne :

How much do they say you owe them?

Customer:

15.00 to you!

Anne :

lol

Customer:

1790. But I haven't done the return yet. I did work part of that year, and did receive 99 weeks of unemployment.

Customer:

it should be accurate.

Anne :

you had no withholding on your unemployment?

Customer:

but It would help to have the transcript since it will give me a return to send to the state, late though it is

Customer:

no

Anne :

nothing you could itemize

Customer:

well, now that I can sit down and go back to it, I'll file an amended return

Customer:

so I'll have to get the transcript, and then see what I can do.

Anne :

Did you have any W2's for 2010?

Customer:

I have NEVER not sent in my taxes before. Combine unemployment and parents with dementia and it just fell by the wayside

Customer:

yes, I have the stuff for 2010, the IRS sent me but if I start with turbotax in 2009 it will input transfer all of the data into 2010 so it's consistent

Anne :

I'm trying to figure some thing out....so be patient with me for a second, ok?

Customer:

sure

Customer:

chats can be difficult

Anne :

Have you always been self employed,or would you have received a W2 for 2010

Customer:

I used to work for Tiffany's in marketing. Yes, the jeweler. If you get the catalog I used to work on it. So yes, w2 income

Customer:

but NO, not for 2010

Customer:

we all got laid off in January 2009

Anne :

For 2010 you only had unemployment?

Customer:

so no so for 2010 I had a month but then had unemployment

Anne :

ahhhh that's what I was getting at

Anne :

and here's why

Anne :

the transcript will show you all income reported under your SS# XXXXX the year 2010. Including your W2 income, but it will NOT show you your state withholding. That you will have to get from your employer

Customer:

to clarify--- Dad didn't start giving me gift until 99 weeks ran out.

Customer:

ah, ok

Customer:

can do

Customer:

I can call them.

Customer:

SO, now are you ready for the second question?

Anne :

sure

Customer:

BTW, I am usually a lot more tidy than this. The only reason it fell by the wayside was that when I didn't file for 2009 I said "well, I'll file in 2010" that will be OK. Then you realize it's hard, and you don't have all the paperwork, and you procrastinate even more. If I made a bazillion dollars I'd be worried, but I didn't.

Customer:

So this is the clean up.

Customer:

plus, if I put stuff in turbotax when I go to do 2013 the 2012 will import. keeps things consistent for the IRS

Anne :

You'd be surprised what I've seen in 27 years of practice....so no worris

Customer:

OK QUESTION #2

Anne :

worries

Anne :

(sorry, still on my first cup of coffee)

Customer:

I called the IRS back in March to ask for back copies of supporting documents. They sent them, and said they would arrive by June 14

Customer:

Based on that I promised to fill them out, file them by July 14 and then work on a payment program for the 1790.

Customer:

So the paperwork doesn't come. I call the IRS on July 5 and tell them, and I get a NICE NICE Irs guy who says Ok we can send the paperwork again and give you an extension to file. Then he also sent the paperwork for the payment plan

Customer:

so it's delayed in coming (just got it on the 12) I call the IRS (yes, I'm abroad, but I can do it just like I'm chatting with you) and then you get the NASTY agent who says "you are past your extensions for the payment plan" the next step is levy's and collections. CRAP< I thought, I just wanted to ask for another week or two to get all of the returns to them, and then start the payment plan. I had agreed to pay 100 per month.

Customer:

SO, I don't know how to handle this. I can send in good faith payments starting tomorrow, but will it matter?

Customer:

Should I call again? I don't want to get levy's or judgements

Customer:

I thought to file the paperwork, and then just start paying as agreed and see what happens.

Customer:

I thought if I call back I'll get a nice agent.

Customer:

seems to work that way

Customer:

lol

Customer:

I'm having coffee too. Love it.

Anne :

yes......it does....I often have to call 3 or 4 times to find a nice agent to work with my clients

Anne :

I didn't realize you were overseas.............but in some way that may give you an advantage.....

Anne :

Do you have any property the IRS could put a lien on?

Customer:

I don't

Customer:

just a couple of bank accounts

Customer:

I have enough to pay the 1790 and just get rid of it

Customer:

but if they'll give you a payment plan, why not

Customer:

I would rather NOT pay the 1790

Customer:

all at once

Anne :

You might want to pull the money from the bank accounts until this is over

Customer:

but alas, if it makes them happy, why not

Anne :

You may set up a payment plan, but interest continues to accrue until its paid in full

Customer:

OK, but will they just take the arrears or worse

Customer:

If I call them and they say it's 1790 and I just pay them, that solves the problem right?

Anne :

they could add penalties for not filing and interest

Customer:

but if they tell me the amount, I can settle it fully

Customer:

I have half a mind to just settle it to make sure we have no problems.

Customer:

if that's easy, do you recommend it? Levy's are a pain

Anne :

Have you received any letters from the IRS telling you how much you owe? (you're getting the $1790 figure from somewhere)

Customer:

It's for the 2009 taxes. It's way past due.

Customer:

they told me verbally both times I called

Customer:

The last nasty rep said "it's too late" but I've been calling, so maybe I should call again.

Customer:

It's only been a week or so!!!

Customer:

since the second extension expired

Anne :

Then I think if I were you, I'd find another nice person at the IRS, tell them you're ready to send the money in full.......ask where to send it (since you're currently overseas) and ask them to put notes on your account that you are sending the payment in full, and then enclose a short note with your payment along the lines of:

Anne :

Per my phone conversation with Representative _________ here is my payment for my taxes in full for year 2009. Be sure to include your SS#

Customer:

excellent!! Unless they offer me another payment plan! I'll call again...and again.

Anne :

Most of the reps are pretty nice.........and you have to remember that the IRS is like any other creditor...they want their money without having to pay to get it

Customer:

I think we're good.

Anne :

Thank you

Customer:

Thanks Anne. If I need more help you'll be in my account here. I'll go straight to you!

Customer:

enjoy your coffee!

Anne :

yes.........but be sure to put my name IN the question line

Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1700
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and other Tax Specialists are ready to help you
Expert:  Anne replied 11 months ago.
Thank you very much for the accept, the excellent rating, and you extremely generous bonus!

Please feel free to ask for me by name (in your question line) if I can help you in the future.
Customer: replied 10 months ago.

Hi Anne


I called the IRS again and found that I had asked the wrong question..I wanted an extension of the time to file and pay, and they said I had until the 6th of September.


 


I didn't get the returns for the year that they filed for me, but I asked for another copy.


 


They said they can't process a payment plan until I've caught up all of the years, but I'm doing that and will then get on the line with somebody and fax it to them.


 


Thanks for all the help! Huge help.

Expert:  Anne replied 10 months ago.
You're most welcome.

Thank YOU for letting me know the update. So often we never hear back about from the customers, and it just really makes you feel good that you were able to REALLY help.

Best of luck to you in the future, but now that you have a plan, I think you'll be fine.

Please don't hesitate to come back to JA and put "for Anne" in the question line if I can help you in the future!

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