And he's so excited to do it, he's throwing digits in Willard's face!
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[via TaxProf]
And he's so excited to do it, he's throwing digits in Willard's face!
Visit msnbc.com for breaking news, world news, and news about the economy
[via TaxProf]
Individual Retirement Accounts are a taxpayer’s dream, with constraints. The income they earn isn’t taxed until you distribute it; with a Roth IRA, it may never be taxed. It’s only natural for taxpayers to stuff anything they can that might generate income into an IRA.
That can be a terrible mistake.
Not everything is tax free in an IRA. Interest, dividends, capital gains – that stuff is fine. But beyond that things can get ugly.
Most problems arise when taxpayers try to use their IRAs to finance business ventures. Because IRAs are shirttail relatives of qualified pension and profit sharing plans, many pension plan rules, like those for prohibited transactions, bedevil IRAs, with taxes that can exceed 100%.
When an IRA owns an interest in a “passthrough” entity – usually a partnership, because most S corporations can’t have IRA shareholders – another complication arises. The tax law frowns on tax-exempt competition for taxable business. The frown takes the form of the “unrelated business income tax,” or UBIT. The UBIT hits otherwise tax-exempt entities with an income tax on their “unrelated business income.”
If an IRA owns an interest in a partnership (most LLCs are taxed as partnerships) that operates a trade or business, the IRA’s LLC income may be subject to UBIT, which applies at corporate tax rates. UBIT can also apply to an IRA if it owns an interest in mortgaged rental real estate. Some IRAs even run into UBIT by investing in publicly-traded energy partnerships, like Buckeye Partners, LP. Many states also have unrelated business income taxes.
The partnership is required to break out unrelated business taxable income and report it to the IRA. The IRA in turn must provide a tax identification number to the partnership to make it easier for the IRS to follow the UBIT to the IRA.
When an IRA is subject to UBIT, it can cause some awkward moments between the IRA investor and the trustee. Most IRA trustees want nothing to do with filing Form 990-T, the UBIT return. Of course the IRA owner doesn’t like the idea either, but it needs to be done. Having income tax in an IRA is especially ugly when it’s a Roth IRA, which normally would otherwise be tax-exempt forever, inside and out.
The threshold for filing a 990-T is “gross income” of $1,000 or more. Gross income is normally higher than taxable income – it is the IRA’s share of gross receipts less cost of goods sold, not reduced for any other expenses.
So be careful what you stuff into your IRA. Just because you can put something in there doesn’t mean you should.
Joe Kristan is a shareholder of Roth & Company, P.C. in Des Moines, Iowa, author of the Tax Update Blog and Going Concern contributor. You can see all of his posts for GC here.
A long-overdue measure to limit state taxation of non-residents has cleared its first committee, reports the Tax Policy Blog. The House Judiciary Committee approved H.R. 1864, the Mobile Workforce State Income Tax Simplification Act, which provides:
An employee’s wages or other remuneration shall be subject to state income tax only in either:
-the employee’s state of residence, or
-a state where the employee is present and performing employment duties for more than 30 days during the calendar year. A day counts if the employee performs more employment duties in that state than in any other state during that day. Travel time does not count.
For traveling taxpayers, that’s good news. Lord knows how many loyal Going Concern readers flit from state to state in their unceasing efforts to ensure that the Nation’s financial statements are fairly stated in all material respects. But it’s also bad news — it reminds us that right now you can be taxable in a state after spending as little as a day there.
Why are the states so greedy? Think of LeBron James. When he visits the Staples Center to beat up the Clippers, the home team may lose, but the Franchise Tax Board wins every time. But the tax law in its majesty applies as much to the newbie auditor sent to count vegetables as to LeBron.
Fortunately for our auditor, the firm will probably tell her how much of her income is taxable in each state. Unfortunately, it won’t do all of the extra tax returns she will have to file in all of the exciting states a modern jet-setting auditor may visit.
H.R. 1864 is a long way from perfect. Its biggest flaw is that it doesn’t protect visiting entertainers or athletes. Sure, LeBron can afford the tax help to file in a couple dozen states, but the same rules apply to minor league ballplayers, comedians trying to become senators, and your friendly struggling road band. Still, anything that helps abused staff accountants isn’t all bad.
The proposal is a long ways from becoming law. The high tax states hate any limitations on their ability to pick visitor pockets. Still, it’s nice to have at least a glimmer of hope for sanity.
Tax policy is one of the most complex issues in the political discourse, regardless of the simplicity behind the rhetoric used by our public officials. And thanks to this “straight talk,” it has become one of the most polarizing topics in politics. But now that a man has been arrested for trying to engage Congressman Jim McDermott (D-WA) in debate (after drinking of course) on the issue using colorful language (or you might call it “expletive-laced threats”), the discussion has hit a new intellectual low.
Here’s the voicemail Charles Turner Habermann of Palm Springs, CA left for Congressman McDermott, From the National Law Journal by way of Above the Law:
“Uh, I, I, I’d like to remind you McDermott that if you read the constitution all the money belongs to the people. None of it belongs to Government Okay! So, if Jim McDermott says they’re spending money on a tax cut, he’s a piece of human dog shit, okay. He’s a piece of human filth. He’s a liar, he’s a communist, he’s a piece of fucking garbage. Thomas Jefferson, James Madison, or George Washington, Alexander Hamilton, if any of them had ever met uh, uh Jim McDermott, they would blow his brains out. They’d shoot him, in the head. They’d kill him because he’s a piece of, of, of disgusting garbage.”He later says: “And you let that fucking scum bag know, that if he ever fucks around with my money, ever the fuck again, I’ll fucking kill him, okay. I’ll round them up, I’ll kill them, I’ll kill his friends, I’ll kill his family, I will kill everybody he fucking knows.”
In the second message, he says, “Your congressman, Jim McDermott is a piece of garbage. And I’ll tell you something right now, garbage belongs in the trash that’s exactly where he’s gonna end up.”
Then there’s this:
“As for his motivation for leaving the voicemail message, Habermann said he was calling politicians to let them know that what they were doing and saying regarding spending taxpayer’s money was wrong,” the complaint says. “He said he was trying to scare them before they spent money that didn’t belong to them.”
He also said he never intended to hurt anyone and that he was too afraid of losing his $3 million trust fund to commit a crime.
Yep, this guy’s a tax policy wonk, all right.
Arrest in California in death threats against congressman [National Law Journal via ATL]