Marijuana, The IRS and Taxes

MedicalMarijuana

It’s almost impossible not to notice the wave of marijuana legalization spreading across the country.  Even Congress is getting into the act.   Research hemp crops were recently included in the 2014 Farm Bill.  Furthermore, Congress defunded DEA raids on state-legal marijuana facilities in the 2015 stop-gap funding bill.

Regardless of one’s personal feelings on this topic, it’s obvious that voters, legislators, and Congress are, for the most part, on board for the ride.  In some states, this is driven by the expected tax revenue.  The IRS, however, still has a few things to say when it comes to marijuana.

First of all, for those folks out there that are already medical marijuana patients or have considered getting their “card,” you should know that the costs of obtaining medical marijuana are NOT deductible as a medical expense on Schedule A of your personal income tax return.  The reason for this is that marijuana is still classified as a Schedule I drug by the United States Controlled Substances Act.

If you have deducted your medical marijuana expenses in the past, and you ever get audited, do note that this deduction will be disallowed, and you’ll be subject to paying taxes, penalties, and interest as a result.  In order to claim a deduction for this in the future, Congress will need to reclassify cannabis as, at the least, a Schedule II drug.  If this is an important personal issue to you, your best course of action right now is to lobby your representative and senator, rather than testing this in tax court (it’s already been tested, and the IRS won).

On the business side of things, it gets even more complicated.  Under Internal Revenue Code Section 280E, dealers of Schedule I controlled substances are not permitted to deduct the ordinary business expenses involved in selling their products.  This means that recreational and medical marijuana dispensary owners cannot deduct the most common business expenses incurred in running a business, such as rent, utilities, wages, marketing, security, etc.  To get an idea of how the tax court is thinking about this subject, feel free to take a look at the Olive v. Commissioner case and the ruling of Judge Diane L. Kroupa.

Marijuana businesses are still allowed to take a Cost of Goods Sold (COGS) deduction from gross revenue.  COGS includes the hard cost of acquiring marijuana for resale, for example.

Businesses that provide other services beyond just selling marijuana are allowed to deduct reasonable business expenses for those other services and products.  For example, many medical marijuana stores also offer various naturopathic services, yoga classes, massage, etc.  Expenses related to those services are deductible (reference: 128 TC 173 (2007)).

Whether you’re a medical marijuana patient or contemplating opening a marijuana related business, it’s important to seek proper legal, tax, and accounting counsel to make sure you stay on the right side of the law.

New Site For Filing Old Tax Returns

He's Back. Uncle Sam Wants You!!!!

He’s Back. Uncle Sam Wants You!!!!

Sometimes things happen.  Life get’s in the way.  Your health takes an unexpected turn for the worse.  You have the best intentions of getting out of the financial hole you are in, but the hole just seems to keep getting deeper.  No matter what the reason is, sometimes the tax returns just don’t get filed on time.  And sometimes they don’t get filed for a few years.  But don’t worry, now you have an option to get back on track.  Introducing fileoldtaxreturns.com!

Fileoldtaxretruns.com is our recently developed sister site to helps those who specifically have unfiled tax returns from previous years.  Why create a separate website; especially if the services are provided the same fine professionals who run Wilson Rogers & Company?  Keep reading.

Software availability.  If you have old tax returns to be filed and are the DIY type, you’ll quickly stumble onto something.  Software providers typically STOP offering tax software for a particular year once the IRS has shut down the e-file platform.  Thus, if you want to prepare your return electronically, there are a limited number of online sites you can use or you have to manually fill out the forms once you download them from the IRS website.  But what if you don’t want to prepare the return?

Real people available year round.  It’s no secret that most retail tax offices close up shop once the tax season is over.  If you have a deadline to provide a tax return to someone (e.g. loan officer for that new home you’re trying to purchase), you might find it hard to locate anyone who can prepare it for you, when YOU need it.  Thus, fileoldtaxreturns.com was created as a option so that taxpayers could get these old returns prepared all year round.  Depending on the situation, you may be able to get them done in as little as 24 hours!

Real people available year round!

Real people available year round!

Repository of tax law.  Tax laws are constantly changing.  Even if you don’t want to have someone prepare your return for you, what laws and tax rates were in effect back when your tax return was due?  Not to worry, fileoldtaxreturns.com has a tax help blog that has all of the historical information that you would need to ensure that your return was done right.  While only containing historical tax rate tables at the moment, it will soon be expanded to include tax law summaries for each year as well as specific information on various credits, deductions and other items.

Help with IRS debt.  It’s not uncommon for those who have unfiled returns to also have amounts owed to the IRS.  Sure, you’ve seen all those companies with the late night infomercials telling you how you can settle your debt for pennies on the dollar if you owe more than $10,000 to the IRS.  But can you trust them?  How do you know if they are reputable?  Well, fileoldtaxreturns.com has a dedicated Got IRS Debt page that will not only inform you of your options when it comes to settling your tax debt, but inform you of your rights!

So there you have it.  If you have (or know someone who has) unfiled tax returns, why not pay a visit to the site?  If you need to speak to someone, you can call the site’s dedicated support number at 844-TAXES88 or 844-829-3788.  Plus, when you visit the site, you can sign up and save 30% off current year tax preparation rates.

Until next time…

 

By |2014-11-30T08:44:22-06:00November 30, 2014|Categories: Tax Talk|Tags: , , , , , , , , , |Comments Off on New Site For Filing Old Tax Returns

10 Options For Solving Your IRS Debt

When it comes to settling your tax debt, there are 10 options “commonly” employed by resolution professionals (such as ourselves) or the individual taxpayer (see full explanations below):

»          Full pay the tax owed
»          File unfiled returns to replace Substitute for Returns (SFR’s)
»          Dispute the tax on technical grounds
»          Currently Not Collectable
»          Installment Agreements
»          Offers In Compromise
»          Penalty Abatement
»          Discharging taxes in bankruptcy
»          Innocent Spouse relief
»          Expiration of the Collection Statute

OPTION ONE – Full pay the tax owed
While seldom a popular option, sometimes the taxpayer does have the ability to pay the tax outright or borrow against an existing asset e.g. refinance a home mortgage or take out a home equity loan.

Surprisingly, in this situation, this option is usually the least costly of viable options available to the taxpayer. The reason for this is two-fold:
»         The taxpayer’s equity in assets will usually disqualify the taxpayer from benefiting from options which grant debt forgiveness.
»         Until the tax debt is paid in its entirety, it will continue to accrue additional penalties and interest.

OPTION TWO – Filing unfiled tax returns and replacing Substitute for Returns
When resolving a tax problem, it is relatively common to find that the taxpayer has back tax returns which have not been filed. There are three reasons why it is necessary to file the required back tax returns and get the taxpayer “Current” so to speak:
»         Failure to file tax returns may be construed as a criminal act by the IRS and can be punishable by one year in jail for each year not filed. Filing unfiled returns brings the taxpayer “Current”
»          Filing unfiled returns to replace “Substitute for Returns” may lower the tax liability owed and the associated interest and penalties
»          A settlement cannot be negotiated with the IRS until the taxpayer becomes “Current”

OPTION THREE – Dispute the tax on technical grounds
If there is a technical basis to dispute the amount of tax owed, there are a number of paths to consider, including:
»         Filing an amended return if the statute of limitations to file has not expired
»         Filing an Offer In Compromise – Doubt as to Liability

OPTION FOUR – Currently Not Collectable Status
If a taxpayer does not have positive cash flow above the level to pay their necessary living expenses or have equity in assets to liquidate, the taxpayer may qualify for Currently Not Collectable Status (CNC). This is most commonly seen when the tax payer is unemployed or underemployed. In this situation, the IRS places a temporary hold on the collection of the tax owed until the taxpayer’s financial situation improves. If over a longer period of time, the tax payer’s financial situation does not improve, the taxpayer may then become a viable Offer In Compromise candidate.

OPTION FIVE – Installment Agreements
In most cases, the IRS will accept some type of payment arrangement for past due taxes. In order to qualify for a payment plan the taxpayer must meet set criteria. They include:
»          The taxpayer must be current- all returns must be filed
»          Disclose all assets owned
»          The difference between the taxpayer’s monthly income and allowable monthly expenses will be the amount that the IRS will request that the taxpayer pay on a monthly basis
»          Monthly payments will continue until the taxes owed are paid in full

OPTION SIX – Offers In Compromise
The IRS Offer in Compromise program provides taxpayers that owe the IRS more than they could ever afford to pay, the opportunity to pay a small amount as a full and final settlement.

»          This program also allows taxpayers that do not agree that they owe the tax or feel that the tax has been incorrectly calculated, a chance to file an Offer in Compromise and have their tax liabilities reconsidered.
»          The Offer in Compromise program allows taxpayers to get a fresh start.
»          All back tax liabilities are settled with the amount of the Offer In Compromise.
»          All federal tax liens are released upon IRS acceptance of an Offer In Compromise and payment of the amount offered.

An Offer in Compromise filed based on the taxpayers inability to pay the IRS looks at the taxpayer’s current financial position and considers the taxpayers ability to pay as well as the taxpayers equity in assets. Based on these factors, an Offer amount is determined.

»          Taxpayers can compromise all types of IRS taxes, penalties and interest.
»          Even payroll taxes can be compromised.

If the taxpayer qualifies for the Offer In Compromise program, they may be able save thousands of dollars in taxes, penalties and interest.

OPTION SEVEN – Penalty Abatement
In most cases, penalties make up 10-30% of the total tax obligation. A penalty abatement request can eliminate some or all penalties if the taxpayer has reasonable cause for not paying the tax on time or paying the appropriate amount of tax.

Reasonable cause includes:
»         Prolonged unemployment
»         Business failure
»         Major illness
»         Incorrect accounting advice
»         Incorrect advice from the IRS

To prevail in a penalty abatement request, as in most tax matters, the burden rests with the taxpayer to be able to adequately document the reasonable cause.

OPTION EIGHT – Discharging Taxes in Bankruptcy
Bankruptcy can discharge federal income taxes if certain requirements are met. However this depends upon both the type of bankruptcy and the type of tax owed.

Chapter 7 is the chapter of bankruptcy law that provides for the liquidation of non-exempt assets and the discharge of dischargeable debts. Chapter 11 and Chapter 13 provide for repayment of debt in whole or in part.

To discharge taxes in bankruptcy, a number of criteria must be met including:
»         36 months have expired from the tax return due date
»         24 months have expired from the date the tax was assessed
»         240 days have passed since the tax was assessed and filing bankruptcy
»         All tax returns must have been filed

OPTION NINE – Innocent Spouse relief
Sometimes a taxpayer will find themselves in trouble with the IRS because of their spouse’s or Ex-spouse’s actions. The IRS realizes that these situations do in fact occur.

In order to help taxpayers that have tax problems which are due to the actions of their spouse, the IRS has developed guidelines for taxpayers to qualify as an innocent spouse. If a taxpayer can prove they meet these guidelines, then the innocent taxpayer may not have to pay some or all the taxes caused by their spouse or ex-spouse.

OPTION TEN – Expiration of the Collection Statute
The IRS has 10 years from the date of assessment (usually close to the filing date) to collect all taxes, penalties and interest from the taxpayer. The taxpayer does not owe the tax after the 10-year date has passed.

Listed below are some of the most common exceptions to this rule:
»          If the taxpayer agrees in writing to allow the IRS more time to collect the tax
»          If the taxpayer files bankruptcy during the 10 year period
»          If the taxpayer files an Offer In Compromise.

Understanding The Gift Tax

Gift Tax

So a few weeks ago, someone posed the following question to us regarding gift giving:

Can you please explain how the gift-tax system works and what its rationale is? I know that if I give someone a gift below a certain amount, then I don’t have to pay gift tax. But what happens if I give over that amount? My contribution was made with after-tax money. Why do I have to pay a gift tax? It just feels like I am being double taxed.

We thought it was a good question, so let’s explain what the so-called gift tax is really all about.

Lifetime Exclusion
Our current tax system essentially treats the transfer of wealth the same whether the transfer was made during the donor’s lifetime or posthumously.  However, the IRS grants taxpayers a life time exclusion (also called the lifetime exemption) that allows them to give away $5,340,000 (in 2014) at either stage or a combination of the two.  Thus, a taxpayer can give up to this amount during their lifetime or after death without either the recipient or the donor owing any tax on that transfer.

Annual Exclusion
A common source of misunderstanding surrounding gift tax has to do with how the lifetime exclusion amount relates to the annual exclusion.  The annual exclusion allows a taxpayer to give $14,000 (in 2014) to another person per year without it counting against the lifetime exemption.  You and your spouse can combine this annual exclusion to double the size of the gift to a done if you would like (up to $28,000).  So what happens when you give more than the above amounts?  Well, you then have to deduct the difference against your $5,340,000 lifetime exclusion.  Just how do you do this?

Reporting
You, or your estate if the taxpayer is deceased, must file Form 709 United States Gift Tax Return by the same date that your Individual Tax Return is due (April 15th).  You will owe no tax on your gifts unless you have already given more than the lifetime exclusion. Once you file Form 709, the government notes what your remaining exemption is. The same process is followed every time you exceed the annual exclusion limit (e.g. $14,000). Then at your death, any bequest beyond the remaining limit is subject to taxation.  Thus, it’s not until you reach this point that your gift is subject to double taxation so to speak.

If you want more information on the gift tax and reporting, check out this nifty little IRS site
on the topic.  Still have questions?  Why not give us a call or shoot us an email via our contact information below and we’d be happy to chat with you.

Restricted Stock Unit (RSU) Taxation

Employee compensation is a major expenditure for most corporations.  As such, some firms find it easier to pay, at least a portion of, their employees’ compensation in the form of stock.  This post will discuss the tax implications one should be aware of if they are the recipient of Restricted Stock Units or RSUs.

How do Restricted Stock Unit Plans work?
A RSU represents an unsecured promise by the employer to grant a set number of shares of stock to the employee upon the completion of the vesting schedule.  Once an employee is granted RSUs, the employee must decide whether to accept or decline the grant. If the employee accepts the grant, they may be required to pay the employer a purchase price for the grant.

After accepting a grant and providing payment (if applicable), the employee must wait until the grant vests.  Stock is not issued at the time of the grant.   However, once the recipient of a unit satisfies the vesting requirement, the company distributes shares, or the cash equivalent of the number of shares used to value the unit.

Income Tax Treatment
The following example reflects a salary of $65,000, a grant of 400 shares of hypothetical XYZ Company stock and a sale of said stock one day after vesting.

Step 1: Compensation Income From The Vesting Of The RSU Award
Under normal federal income tax rules, an employee receiving Restricted Stock Units is not taxed at the time of the grant. Instead, the employee is taxed at vesting (when the restrictions lapse) unless the employee chooses to defer receipt of the cash or shares. In these circumstances, the employee will have compensation income or “ordinary income” in tax parlance.  The amount of income subject to tax is the difference between the fair market value of the grant at the time of vesting or distribution, minus the amount paid for the grant (if any).

In our example, the compensation is calculated as 400 shares vesting times the $20 per share fair market price on that date.  The employee now has compensation income of $8,000.  This will also be the stock basis of said shares for use in the next step.  On the employees W2, this $8,000 will be added to the $65,000 in wage compensation and taxed at “ordinary income’ tax rates.

Step 2: Calculating Capital Gains or Losses
For grants that pay in actual shares, the employee’s tax holding period begins at the time of distribution (which may or may not coincide with vesting depending on the plan rules), and the employee’s tax basis is equal to the amount paid for the stock plus the amount included as ordinary compensation income.

In our example, the employee has 400 share of stock with a basis of $8,000.  The very next day they sell all 400 shares when the stock is trading at $22 per share.  The employee has just created a capital gain of $800, which is the difference between their $8,800 sales price and $8,000 basis.  As they held the stock for less than one year between when they obtained it and sold it, the $800 gain will be reported on their tax return as a short term capital gain via Form 8949 or Schedule D (depending on if they had any other adjustments).

Special Consideration – Tax Withholding Choices
Sometimes when one is granted RSUs, they would like the employer to “withhold” some taxes to cover the amount that will be included on their W2 as compensation income.  Generally speaking those options will include:

  • Net Issuance – The employer will deduct a number of shares from your vested shares and give you the rest (broker remits net proceeds to employer, employer remits the value of the deducted shares to Government, money shows up as “withholding” on paycheck).
  • Same Day Sale – If you make this choice, you sell everything on the day of vesting. The employer will then withhold a portion of the proceeds as “withholding” and report them on your W2.
  • Sell To Cover – If you make this choice, or if you don’t have a choice, your employer sells just enough shares to cover the tax withholding. The key difference between Sell to Cover and Net Issuance is that the employer uses a broker in Sell to Cover but doesn’t use a broker in Net Issuance.
By |2014-10-19T21:25:32-06:00October 19, 2014|Categories: Tax Talk|Tags: , , , , , |Comments Off on Restricted Stock Unit (RSU) Taxation

Medicare Premiums & Self Employed Health Insurance Deduction

FinalMedicareSquare

Many self-employed taxpayers know that come tax time, they can receive a deduction if they pay for health insurance.  However, what if you are “semi-retired” and your insurance comes in the form of Medicare?  Can you take a deduction for the premiums you paid?  Read on to find out!

Generally speaking, a taxpayer may be able to take this deduction if one of the following applies:

  • They had a net profit from self-employment. You would report this on a Schedule C, Profit or Loss From Business, Schedule C-EZ, Net Profit From Business, or Schedule F, Profit or Loss From Farming.
  • They had self-employment earnings as a partner reported to you on Schedule K-1 (Form 1065).
  • They used an optional method to figure net earnings from self-employment on Schedule SE, Self-Employment Tax.
  • They were paid wages reported on Form W-2 as a shareholder who owns more than two percent of the outstanding stock of an S corporation.

Before tax year 2010, Form 1040 instructions for line 29 stated, “Medicare premiums cannot be used to figure the [self-employed health insurance] deduction.”  Likewise, before 2010, Publication 535, Business Expenses, stated that Medicare Part B premiums were not deductible as a business expense, in keeping with Field Service Advisory (FSA) 3042, issued in 1995.

However, in 2012 the Office of Chief Counsel advised IRS attorneys that self-employed individuals may deduct Medicare premiums from their self-employment income. Chief Counsel Advice (CCA) 201228037 clarified the IRS position that previously had appeared only in the instructions to Form 1040.

So what does this mean?  Well, if you meet the requirements, Medicare premiums you voluntarily pay to  obtain insurance in your name that is similar to qualifying private health insurance can be used  to figure the deduction.  This is applicable for all Medicare premiums (Parts A, B, C and D).

What if you paid premiums in the past but failed to take the deduction?  You can amend your previously filed return (if you’re within the 3 year window) to refigure and claim the deduction.  For more information, see Form 1040X, Amended US Individual Income Tax Return.

Tax Issues for Self-Employed Individuals

Wait, another tax?

Wait, another tax?

Many self-employed individuals are considered “sole proprietors” or “independent contractors” for legal and tax purposes.  This is true regardless of whether you are turning a hobby into a business, selling an indispensable widget or providing services to others.  As a self-employed person, you report your business revenue results on your personal income tax return.  The following are a few guidelines and issues you should keep in mind when pursuing your entrepreneurial spirit.

Schedule C – Form 1040
As a self-employed person, you are required to report your business profits or losses on Schedule C of Form 1040.  The income earned through your business is taxable to you as an individual.  This is true even if you do not withdraw any money from the business.  While you are required to report your gross revenues, you are also allowed to deduct business expenses incurred in generating that revenue.  If your business efforts result in a loss, the loss will generally be deductible against your total income from all sources, subject to special rules relating to whether your business is considered a hobby and whether you have anything “at risk.”  If it generates a profit, then you will have to pay taxes on it.

Home-Based Business
Many self-employed individuals work out of their home and are entitled to deduct a percentage of certain home costs that are applicable to the portion of the home that is used as your office.  This can include payments for utilities, telephone services, etc.  You may also be eligible to claim these deductions if you perform administrative tasks from your home or store inventory there.  If you work out of your home and have an additional office at another location, you also may be able to convert your commuting expenses between the two locations into deductible transportation expenses.  Since most self-employed individuals find themselves working more than the traditional 40-hour week, there are a significant number of advantageous deductions that can be claimed.  Unfortunately, we find that most self-employed individuals miss these deductions because they are unaware of them.

The Bad News  – Self-Employment Taxes
A negative aspect to being self-employed is the self-employment tax.  All salaried individuals are subject to automatic deductions from their paycheck including FICA, etc.  In that many self-employed individuals often do not run a formal payroll for themselves, the government must recapture these taxes through the self-employment tax.  Simply put, you are required to pay self-employment taxes at a rate of 15.3% on your net earnings, up to an annual income cap.  Beyond the annual cap, the rate is reduced to just the Medicare tax rate of 2.9%.

In an interesting twist that reveals the confusing nature of the tax code, you are allowed a partial deduction for the self-employment tax.  Simply put, you are allowed to deduct one-half of your self-employment taxes from your gross income.  For example, if you have to pay $10,000 in self-employment taxes, you are allowed a deduction on your 1040 return of $5,000.  Many self-employed individuals miss this deduction and pay more money to taxes than needed.

No Withholding Tax
Unlike a salaried employee sitting in a cubicle,  the taxes above are not withheld from your paycheck.  While this sounds great, you are required to make quarterly estimated tax payments.  If you fail to make the payments, you are subject to a penalty, but the penalty is not the biggest concern.  A potentially dangerous pitfall of being self-employed is failing to pay quarterly estimated taxes AND then getting caught at the end of the year without sufficient funds to pay your taxes.  The IRS is not going to be happy if you fail to pay your taxes and you will suffer the consequences in the form of penalties and interest.  Making sure you pay quarterly estimated taxes helps avoid this situation and it is highly recommended that you follow this course of action.  If you have encountered this situation for yourself, be sure to contact us immediately to help you remedy this particular circumstance.

Record Keeping
You must maintain complete records of all business income and expenses.  Simply put, document everything.  Create a filing system for each month and file every receipt, etc.  All business travel expenses must be documented, including auto mileage you incur when performing business tasks.  Office supply stores sell business mileage books that you can keep in your car and use whenever you travel.  There are even some apps for your phone that will allow you to push a button at the beginning and end of your trip and it will calculate the mileage for you.  If you have any doubt about documenting something, just do it!

As a self-employed individual, your focus and time is spent on making your business successful.  Your focus is not on the complexities of the tax code and how to limit the amount of taxes you owe.  If any of the information in this article is new to you, then it is highly likely you have paid far more in taxes than required.

By |2020-09-16T10:58:45-06:00July 29, 2014|Categories: Tax Talk|Tags: , , , , , , , |Comments Off on Tax Issues for Self-Employed Individuals

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What’s even better is that we’re 100% positive that you can find something in this guide that you can use.  Furthermore, these aren’t just some “foo-foo” list of tax strategies that you can find out on the internet.  No, these are proven strategies developed/researched over many years that are often overlooked, forgotten or simply not implemented.  Want a sample of what’s inside?  Here is just a taste of what you’ll get:

Business Start-Up Costs: Start-up costs are amounts paid or incurred for: (a) creating an active trade or business; or (b) investigating the creation or acquisition of an active trade or business. The fees you pay for can be written off/amortized over a period of 60 months or more.

Alimony: You may deduct the amount of alimony or separate maintenance in the year paid BUT, you must include in income the amount of alimony or separate maintenance you received.

IRS Statute of Limitations: Did you know the IRS only has 10 years from the date the tax is assessed to collect it?  But the IRS won’t tell you to stop paying them if the statute has expired; you’ll just have to know that you don’t have to pay them anymore.  Learn more in our post here.

Employing Your Children: You can hire and pay your children a reasonable salary to work in your business. Just make sure the job is within their ability and documented with a job description.  What’s more is the first $6,100 in wages (in 2013) will not create a tax liability for the child AND you can still claim them as a dependent on your tax return!

Business Clothing: Are you required to wear certain clothes as a condition of performing your job?  If they are not reimbursed by your employer AND not suitable for everyday wear, then the expense is tax deductible.  Wear a suit to court as an attorney?  Sorry, the IRS will probably disallow the expense if you claim it.

Exemptions to the Obamacare Penalty

The public debate over the Affordable Care Act (a.k.a Obamacare) continues to rage, despite the fact that the law has already kicked in.  While businesses have been granted an extension for complying with the law, individuals must be in compliance by having health insurance from the beginning of 2014 forward.

In this post we discussed the penalty called the individual responsibility payment; since many think it’s only $95 (hint: it could be more).  This penalty is assessed against a taxpayer who failed to obtain health coverage and was “required” to.  However, this penalty has a number of exemptions that will permit numerous people to avoid actually paying it.  Listed below are the three broad exception categories.

Hardship.  Examples of situations that apply to the hardship exemption include a recent bankruptcy, the death of a family member and having medical expenses you were unable to pay within the past two years.  Thus, if you’ve experienced a hardship that kept you from obtaining insurance, chances are you will qualify for the exemption.

Statutory Exemptions.   The penalty won’t apply if your income is too low to require you to file a tax return, or if you’ve been uninsured for less than three months out of the year.  You can also avoid the penalty if the lowest priced health insurance that is available to you would cost more than 8% of your income.  If you’re an expat, and not lawfully present in the United States, then the penalty also will not apply.

Exempt Persons/Groups.  Members of federally recognized Native American tribes, members of recognized health care sharing ministries, and members of recognized religious sects with religious objections to insurance are not required to obtain coverage.

With these extensive exemptions available, combined with the fact that the ACA prohibits the IRS from using it’s otherwise extensive collections authority to actually collect the penalty, it’s unclear how much of this penalty money the government will actually collect.  For a full list of exemptions available to you, check out this link.

If you need assistance with determining whether or not one of the exemptions applies to your particular situation, be sure to give us a call at 773-239-850 or shoot us an email at the address below.

By |2014-07-06T20:38:29-06:00July 6, 2014|Categories: Tax Talk|Tags: , , , |Comments Off on Exemptions to the Obamacare Penalty
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