Archive for Blog

Who has to pay gift tax – donor or recipient?

  • September 16th, 2021
  • David Greene
  • Comments Off on Who has to pay gift tax – donor or recipient?

That is a good question, with an easy answer. The receiver of the gift does not pay the gift tax.  The donor pays the tax.  However, anyone can give an individual a gift of money, property or any other asset…

When can an Offer in Compromise be returned without considering the merits?

  • September 14th, 2021
  • David Greene
  • Comments Off on When can an Offer in Compromise be returned without considering the merits?

An Offer can be “returned,” i.e. not even considered, for technical reasons. This does not mean it was denied.  When an Offer is first received, it must pass several tests to be considered.  If it fails these technical requirements, it…

How Are Taxes Handled In Probate?

  • September 9th, 2021
  • David Greene
  • Comments Off on How Are Taxes Handled In Probate?

Two kinds of taxes can arise during probate. One is the estate tax which does not come into play unless the estate is worth more than $11 million. These taxes, which can be at a rate of 50% or more,…

Should an IRA or 401k be transferred into a trust?

  • August 25th, 2021
  • David Greene
  • Comments Off on Should an IRA or 401k be transferred into a trust?

It is definitely not a good idea!  If you put your IRA or other qualified retirement account into your Living Trust, the IRS will consider it as a distribution and you will be taxed on the entire amount immediately.  There…

What bequests should not be put in a will?

  • August 23rd, 2021
  • David Greene
  • Comments Off on What bequests should not be put in a will?

Thank you for your question.  There are several items you do not want to put in your will.  Here are some: (1) Any real estate in which title is held in joint tenancy with right of survivorship, (2) bank acccounts…

Can the IRS seize and sell jointly owned property?

  • August 10th, 2021
  • David Greene
  • Comments Off on Can the IRS seize and sell jointly owned property?

Unfortunately they can in certain circumstances.  There is a recent case that ended up going to the Seventh Circuit Court of Appeals.  In that situation a father and son owned the land jointly and the father owed the tax.  The…

How have child tax credit ruleds changed?

  • August 5th, 2021
  • David Greene
  • Comments Off on How have child tax credit ruleds changed?

Thank you for your question.  There have been quite a few changes to the child tax credit.  Here are a few: (1) The credit is higher than last year. (2) There are now automatic advance payments of one-half of your…

Are offshore credit cards illegal?

  • July 29th, 2021
  • David Greene
  • Comments Off on Are offshore credit cards illegal?

Americans can do business in any country as long as such business is allowed by that country.  Therefore, having an offshore credit card is not illegal.  However, most of these cards are designed to evade income tax and that is…

What is a hobby loss vs. a deductible business loss?

  • June 17th, 2021
  • David Greene
  • Comments Off on What is a hobby loss vs. a deductible business loss?

A hobby loss is not deductible, but a business loss is.  An IRS audit is usually where the question arises:  Is this “business” really a business or merely a hobby which continuously loses money?  The IRS looks at several factors…

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