How can I fill out an IRS form 8379?
Form 8379, the Injured Spouse declaration, is used to ensure that a spouse’s share of a refund from a joint tax return is not used by the IRS as an offset to pay a tax obligation of the other spouse.Before you file this, make sure that you know the difference between this and the Innocent Spouse declaration, Form 8857. You use Form 8379 when your spouse owes money for a legally enforeceable tax debt (such as a student loan which is in default) for which you are not jointly liable. You use Form 8857 when you want to be released from tax liability for an understatement of tax that resulted from actions taken by your spouse of which you had no knowledge, and had no reason to know.As the other answers have specified, you follow the Instructions for Form 8379 (11/2016) on the IRS Web site to actually fill it out.
For taxes, does one have to fill out a federal IRS form and a state IRS form?
No, taxes are handled separately between state and federal governments in the United States.The IRS (Internal Revenue Service) is a federal, not state agency.You will be required to fill out the the necessary tax documentation for your federal income annually and submit them to the IRS by April 15th of that year. You can receive extensions for this, but you have to apply for those extensions.As far as state taxes go, 41 states require you to fill out an income tax return annually. They can either mail you those forms or they be downloaded from online. They are also available for free at various locations around the state.Nine states have no tax on personal income, so there is no need to fill out a state tax return unless you are a business owner.Reference:www.irs.gov
How expensive is it to retro an elect S corp from an LLC for last years taxes?
Per IRS Rev Procedure 2009–41, a late entity classification election is allowed up to 3 years and 75 days past the effective date of the election, assuming that no other election forms have yet been filed during that time, and that no other returns have been filed that would be inconsistent with the entity you are electing.In layman’s terms… if you haven’t yet filed the classification form (Form 8832), and you haven’t filed any returns that say you’re really a sole proprietorship or a partnership, then you can still elect to be taxed as an S corporation up to 3 years and 75 days from the date the form is filed.As far as the cost goes, there is no charge imposed by the IRS for this election. The only cost would be the cost of a professional to fill out and file the form for you… or you can file it yourself for free. The form is not difficult to complete. You can download a pdf fillable version here: https://www.irs.gov/pub/irs-pdf/.... The instructions on where to file the form are included with the form.If you prefer to have a tax professional complete it for you, I would not think it would be too expensive since it’s a fairly simple form to fill out and send in, so maybe $100-$200, depending on the tax professional that you choose to go with since hourly rates can vary from firm to firm.
Which IRS forms do US expats need to fill out?
That would depend on their personal situation, but should they actually have a full financial life in another country including investments, pensions, mortgages, insurance policies, a small business, multiple bank accounts…The reporting alone can be bankrupting, and that is before you get on to actual taxes that are punitive toward foreign finances owned by a US citizen and god help you if you make mistake because penalties appear designed to bankrupt you.US citizens globally are renouncing citizenship for good reason.This is extracted from a letter sent by the James Bopp law firm to Chairman Mark Meadows of the subcommittee of government operations regarding the difficulty faced by US citizens who try to live else where.“ FATCA is forcing Americans abroad into a set of circumstances where they must renounce their U.S. citizenship to survive.For example, suppose you have a married couple living in Washington DC. One works as a lobbyist for an NGO and has a defined benefits pensions. The other is self employed in a lobby firm, working under an LLC. According to the IRS filing requirements, it would take about 15 hours and $280 to complete their yearly filings. Should they under report income, any penalties would be a percentage of their unreported tax burden. The worst case is a 20% civil fraud penalty.Compare the same couple with one different fact. They moved to Australia because the NGO reassigned the wife to Sydney. The husband, likewise, moves his business overseas. They open a bank account, contribute to the mandatory Australian retirement fund, purchase a house with a mortgage and get a life insurance policy on both of them.These are now their new filing requirements:• Form 8938• Form 3520-A• Form 3520• Form 5471 (to be filed by the husbands new Australian corporation where he is self employed)• Form 720 Excise Tax.• FinCEN Form 114The burden that was 15 hours now goes up to• 57.2 hours for Form 720,• 54.20 hours for Form 3520,• 61.22 Hours for Form 3520-A.• 50 hours estimate for Form 5471For a total of 226.99 hours (according to the IRS’s own time estimates) not including time to file the FBAR.The penalties for innocent misfiling or non filings for the above foreign reporting forms for the couple are up to $50,000, per year. It is likely that the foreign income exclusion and foreign tax credit will negate any actual tax due to the IRS. So each year, there is a lurking $50,000 penalty for getting something technically wrong on a form, yet there would be no additional tax due to the US treasury.”
When dissolving an LLC do you need to fill out IRS Form 966?
The answer will be yes or no depending on how your entity is recognized for tax purposes. An LLC is not a recognized entity by the IRS. By default, a single-member LLC is organized for tax purposes as a sole proprietorship and a partnership for tax purposes if there is more than one member. However, you can make an election to be taxed as a C Corporation (i.e., an LLC for legal purposes that is taxed as a C Corporation for tax purposes).You must complete and file form 966 to dissolve your LLC if you have elected to be a C Corporation or a Cooperative (Coop) for tax purposes. S Corporations and tax-exempt non-profits are exempt from filing this form (see here).If you are organized for tax purposes as an S Corporation you would file your taxes via form 1120S for the last time and check the box indicating that your return is a “Final Return.” Same is true for a Partnership, but with form 1065.On a state and local level, best practice is to check with your state and local agencies for requirements.For digestible information and tools for understanding how the tax landscape affects your business, visit Financial Telepathy
Do un-contracted workers have to fill out IRS W4 form?
I have no idea what an “un-contracted worker” is. I am not familiar with that term.Employees working in the U.S. complete a Form W-4.Independent contractors in the U.S. do not. Instead, they usually complete a Form W-9.If unclear on the difference between an employee or an independent contractor, see Independent Contractor Self Employed or Employee
What is the IRS form W-10 and how is it correctly filled out?
While you may have never heard of IRS Form W-10, you will if you’re currently paying or planning to pay someone to care for a child, dependent, or spouse? If you are, then you may qualify to claim what’s called the Child and Dependent Care credit on your federal income tax return. To claim this credit, your care provider must fill out a W-10. You may also need to fill out the form if you receive benefits from an employer sponsored dependent care plan.It’s certainly worth it to see if you qualify (and for this we recommend that you consult with a tax professional). The child and dependent care credit can be up to 35 percent of qualifying expenses, depending on adjusted gross income. For 2011, filers may use up to $3,000 of expenses paid in a year for one qualifying individual or $6,000 for two or more qualifying individuals. (When it comes time to figure your qualifying expenses, remember that they must be reduced by the amount of any dependent care benefits provided by your employer, if those benefits were deducted or excluded from your income.)Do You Qualify for the Credit?To see if you need to have your care provider fill out a W-10, first determine if you qualify for the credit for child and dependent care expenses. To qualify, the care must have been provided for one or more qualifying persons, generally a dependent child age 12 or younger when the care was provided. Certain other individuals, spouses and those who are incapable of self-care, may also be considered qualifying persons. (Note: each qualifying individual must be listed on your tax return.)Remember also that the amount you can claim as a credit is reduced as your income rises. According to the Tax Policy Center, “Families with income below $15,000 qualify for the 35 percent credit. That rate falls by 1 percentage point for each additional $2,000 of income (or part thereof) until it reaches 20 percent for families with income of $43,000 or more.”Next, consider why the care was provided. To qualify, the person (or couple, if married and filing jointly) claiming the credit must have sought care so they could work or search for employment. Further, the individual or couple filing must be considered earned income earners. Wages, salaries, tips, other taxable employee compensation, and net earnings from self-employment all qualify individuals as having earned income. For married filers, one spouse may be considered as having earned income if they were a full-time student, or if they were unable to care for themselves.Who did you pay for care? Qualifying funds spent for care cannot be paid to a filer’s spouse, a dependent of the filer, or to the filer’s child, unless that child will reach age 19 or older by the end of the year. (The rule for payments to the filer’s child does not change, even if the child is not the filer’s dependent.) Filers must identify care providers on their tax return.There are just a few more qualifying details. To qualify, filing status must be single, married filing jointly, head of household or qualifying widow(er) with a dependent child. The qualifying person must have lived with the person filing for over one half of the year. There are exceptions, for the birth or death of a qualifying person, and for children of divorced or separated parents.IRS Form W-10So, if you meet those criteria, then its time to make sure your care provider fills out a W-10. The form is simple to fill out, requiring only the provider’s name, address, signature and taxpayer identification number (usually their social security number). The form is only for your records, details about the provider will come when you fill out form 2441 for Child and Dependent Care Expenses.Source: The Child and Dependent Care Credit and IRS W-10 Form
Can a single-member LLC (by default, a disregarded entity) elect to be taxed as a corporation via IRS Form 8832?
Yes, a single-member LLC may elect to be taxed as a corporaiton by filing Form 8832.Quoting the last sentence of the first paragraph on the IRS page at Single Member Limited Liability Companies:And an LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes (but as a separate entity for purposes of employment tax and certain excise taxes), unless it files Form 8832 and affirmatively elects to be treated as a corporation.