If you’re a non-resident selling investment real estate in New Jersey, there’s a unique NJ withholding tax you should be aware of. Both residents and non-residents always had to pay income tax on the gain upon the sale of real estate. This tax is required to be withheld for non-residents. The “Exit Tax”, which came into law six years ago, requires the seller to file a GIT/REP form (Gross Income Tax form) in order to record a Deed for the transfer of his property. When a non-resident sells the property, New Jersey will withhold this income tax in the amount of either 8.97 percent of the profit or 2 percent of the total selling price, whichever is higher. Therefore, even if the property is sold at a loss, tax must be withheld to fulfill the two percent requirement. When such a seller eventually files his NJ tax return he is refunded the difference between what was withheld and what was owed. [Read more…] about Selling Investment Real Estate in New Jersey? Beware of the “Exit Tax”
Taxes
Do You Know the Real Value of Your Business?
You probably think you already know the value of your business. After all, who would know it better than the owner? The reality is, however, that there are several factors that impact the value that many business owners are unaware of. In addition, the emotional investment one has in his business may cause him to underestimate risks or overestimate cash flows. Why is it important to know the true value of your business? Here are a few compelling reasons. [Read more…] about Do You Know the Real Value of Your Business?
IRS Improves Offer-in-Compromise Terms for Struggling Taxpayers
The IRS has announced an expansion of its “Fresh Start” initiative by offering more flexible terms to its Offer in Compromise (OIC) program. An OIC is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. It can only be done if the IRS believes the liability can’t be paid in full as a lump sum or through a payment agreement. This determination is made by looking at the taxpayer’s income and assets. The new expansion of the OIC program includes, in certain circumstances: [Read more…] about IRS Improves Offer-in-Compromise Terms for Struggling Taxpayers
Employee Vs. Independent Contractor Status is Focus of New IRS Template
Should you be classified as an employee or independent contractor? This is an issue that has drawn a lot of attention from the IRS lately, as more employers have been trying to cut costs and classify employees as independent contractors thereby avoiding thepayroll taxes. To clarify how one determines his or her status the IRS has released Publication 1779, which looks at three areas: behavioral control, financial control, and the relationship of the parties to determine worker classification.
To view the template, click here: Employee Vs Independent Contractor Status
More on Retention of Records
For those who want to be extra cautious about retaining financial records, here are specific reasons why you should keep your actual tax returns even if the statute of limitations has expired. And what exactly are the statutes of limitations which are relevant?
Tax Records
Supporting documents, such as 1099’s, W-2’s, receipts for charitable contributions, etc. should be kept for 3 years after the return was filed or the due date, whichever is later. For example, the documents for your 2011 return filed March 1, 2012 should be retained until April 15, 2015. Note that if your 1099 is attached to a brokerage statement that shows evidence of the purchase cost of a financial asset it’s critical to hold onto the statement until you dispose of that asset.
As for the tax returns themselves, it’s a good idea to save them forever. They may be needed for Medicaid, immigration, pension, divorce and other purposes. They may also contain useful data in filing future returns. At a minimum we recommend retaining them for 10 years. Certain items on a tax return affect later years and need to be kept until the statutes of those later years’ tax returns expire. For example: [Read more…] about More on Retention of Records
Gifts in Contemplation of Death: The Burden of Proof is on You
An important and commonly misunderstood law regarding gift giving prior to one’s death was recently highlighted in a NJ case. As background, when a child inherits from a parent there is no New Jersey inheritance tax, whereas there is a tax if any other relative or friend inherits. As a result, if one gifts an unusually large amount of money within three years of his or her death to someone other than a child, the possibility that the gift was made to avoid paying state inheritance tax comes into question. A common misunderstanding is that unless there is reason to assume the giver was aware of his impending death the transfer is not a taxable one. In fact, the truth is quite to the contrary. [Read more…] about Gifts in Contemplation of Death: The Burden of Proof is on You