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The most frequently asked tax questions, answered by our network of licensed accountants.
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What is the tax consequence of receiving stock from my spouse as part of the divorce settlement?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Transfers of any property between spouses that are incident to a divorce are treated as tax-free exchanges, and as a result, it is not reportable or taxable.
Cost basis of house received at divorce settlement
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
The transfer of the house to you that was "incident to a divorce" is treated as a tax-free exchange and not taxable.
The cost basis to you would be the original cost, plus improvements made over the years, not the possible appreciated fair market value as of the date of the divorce.
The current law allows an unmarried individual to exclude up to $250,000 ($500,000 married filing jointly)of gain realized on the sale of a residence.
Speak to your local CPA about the divorce settlement and tax strategies involved, that might benefit you.
The cost basis to you would be the original cost, plus improvements made over the years, not the possible appreciated fair market value as of the date of the divorce.
The current law allows an unmarried individual to exclude up to $250,000 ($500,000 married filing jointly)of gain realized on the sale of a residence.
Speak to your local CPA about the divorce settlement and tax strategies involved, that might benefit you.
IRA -Divorce allocations
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Whatever monies earned in that IRA during your marriage is considered a marital asset.
As a result, this means that if you get divorced your spouse will be entitled to 50% of the money.
You would also be entitled to 50% of your spouse's retirement money.
This is true even if you did not name your spouse as the beneficiary of the IRA.
As a result, this means that if you get divorced your spouse will be entitled to 50% of the money.
You would also be entitled to 50% of your spouse's retirement money.
This is true even if you did not name your spouse as the beneficiary of the IRA.
IRA - Divorce settlement taxability
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
As part of a divorce settlement decree or a legally separately decree of separate maintenance, the transfer of a traditional IRA to you is considered a tax-free transfer and not reportable or taxable.
IRA - Gross Estate Inclusion
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
The account balance of all your husband's IRA's at the time of death is included in the gross estate.
What is a LLC?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
A limited liability company, like a corporation, is set up and created under state law. Its owners are referred to as members. The entity gives its members the best of both worlds - Corporate liability protection with the advantages of partnership taxation. Forming a limited liability company is more expensive than forming a corporation and may not be necessary for your situation. Speak to your local CPA in detail to determine if forming or changing your entity status to a limited liability company is the correct choice for you.
Sole Proprietorship - Schedule C
What are some advantages and disadvantages of selecting to be a Sole Proprietor compared to other entities?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Some advantages are: it has minimum legal restrictions; and is easy to discontinue. Some disadvantages are: unlimited liability; your income tax cannot be deferred by retaining profits; and you may not bring in new owners or outside capital contributions. Speak to your local CPA to determine the best entity choice for your needs.
Advantages and disadvantages - S Corporation compared to other entities
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Some advantages are: there is limited liability; and the entity avoids double taxation of profits as is the case with C Corporations.
The profits that are passed through to the shareholders are not subject to SE tax as in a partnership.
Some disadvantages are: that the shareholders pay tax on earnings even if they are undistributed; the contributions limits to a qualified retirement plan are based on shareholder/employee wages, not the overall profits as with a Sole Proprietorship.
The profits that are passed through to the shareholders are not subject to SE tax as in a partnership.
Some disadvantages are: that the shareholders pay tax on earnings even if they are undistributed; the contributions limits to a qualified retirement plan are based on shareholder/employee wages, not the overall profits as with a Sole Proprietorship.
What are some advantages and disadvantages of selecting to be a Partnership compared to other entities?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
An advantage is that it is a way to combine the financial abilities and skills of several different people. Some disadvantages are that the general partners are liable for the actions of the other partners and a partnership is not that easy to get out of. Speak to your local CPA about selecting the best entity for your purposes.
What are some advantages and disadvantages of selecting to be a (LLC) Limited Liability Company compared to other entities?
Asked Thursday, December 22, 2011 by an anonymous userCPA Answer:
Some advantages are that it avoids certain S corporation restrictions. It also avoids double taxation of profits.
Some disadvantages are that it is currently considered a relatively new business entity with little case law or regulatory law currently available.
There is inconsistent treatment from state to state. The entity must have at least 2 owners.
Speak to your local CPA about determining the best entity choice to fit your needs
Some disadvantages are that it is currently considered a relatively new business entity with little case law or regulatory law currently available.
There is inconsistent treatment from state to state. The entity must have at least 2 owners.
Speak to your local CPA about determining the best entity choice to fit your needs