IRA distribution to pay spousal support is taxable

The Tax Court holds that writing checks from funds distributed is not a transfer of an account interest incident to divorce. During the pendency of a divorce, a taxpayer was ordered by a family court to transfer funds to an individual retirement account (IRA) in his spouse's name. Where the taxpayer received a distribution of …

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Many tax-exempt organizations no longer need to list donor information

To alleviate the burden on tax-exempt organizations and the IRS, the Service announced, with the issuance of Rev. Proc. 2018-38, that it will no longer require most tax-exempt organizations to report the names and addresses of substantial donors. The change does not apply to purely public charities exempt under Sec. 501(c)(3) because they are required …

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Strategies for minimizing estimated tax payments

Taxpayers must pay their taxes throughout the year either through payroll withholding or by making quarterly estimated payments; otherwise, tax underpayment penalties are assessed. However, underpayment penalties are avoided if any of the following situationsapply: Small balance due after federal income tax withholding: The tax, after reducing it for federal income tax withheld, is less …

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Form 1040 to be shorter but with more schedules

The IRS is working on a draft version of the 2018 Form 1040, U.S. Individual Income Tax Return, that reduces the size of the form to two half-pages in length and eliminates more than 50 lines, compared to the 2017 version of the form. The draft form moves many items that The 2018 draft form, …

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IRS issues final regulations on electing out of centralized partnership audit regime

The IRS and Treasury published final regulations (T.D. 9829) on Jan. 2, 2018, that provide guidance on electing out of the new centralized partnership audit regime introduced by the Bipartisan Budget Act (BBA) of 2015, P.L. 114-74. It is important that partners, partnerships, and their representatives be aware of the rules in the final regulations …

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Mechanics of the new Sec. 199A deduction for qualified business income

One of the more important provisions in P.L. 115-97, known as the Tax Cuts and Jobs Act, enacted Dec. 22, 2017, is new Sec. 199A, the deduction for qualified business income (QBI). Sec. 199A allows a deduction for up to 20% of QBI from partnerships, limited liability companies (LLCs), S corporations, trusts, estates, and soleproprietorships. …

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IRS issues first guidance on new business interest limitation

In Notice 2018-28, the IRS answered important questions about the new business interest limit in Sec. 163(j), as amended by P.L. 115-97, known as the Tax Cuts and Jobs Act (TCJA), and asked for general comments on regulations it plans to issue. Under amended Sec. 163(j), the deduction for business interest is limited to the …

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Casualty losses and expenditures under Sec. 162 or 165

EXECUTIVE SUMMARY The deduction for an individual's personal casualty loss of property not connected with (1) a trade or business or (2) a transaction entered into for profit arising after Dec. 31, 2017, and before Jan. 1, 2026, has been eliminated, with several exceptions. Business taxpayers may deduct amounts paid for repairs and maintenance to …

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IRA distribution to pay spousal support is taxable

During the pendency of a divorce, a taxpayer was ordered by a family court to transfer funds to an individual retirement account (IRA) in his spouse's name. Where the taxpayer received a distribution of funds from his IRAs and then wrote checks to the spouse, the exclusion from taxation available under Sec. 408(d)(6) was inapplicable, …

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Child tax credit now higher, more widely available

As tax practitioners prepare to counsel clients about the loss of dependency exemptions on 2018 tax returns, there is good news to offer in the form of the enhanced child tax credit. The legislation known as the Tax Cuts and Jobs Act (TCJA), P.L. 115-97, doubled the credit amount, increased the refundable portion, and expanded …

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