Archive for the ‘divorce’ Tag
Back to Basics Part XXXII – Form 8889 – Health Savings Account
Originally published in the Cedar Street Times
February 5, 2016
Why Would an HSA Be Valuable to Me?
A Health Savings Account, or HSA for short, is a fantastic vehicle to pay for out-of-pocket qualified medical expenses which insurance does not cover in-part or in-full. It effectively allows you to get a tax deduction for nearly all of your unreimbursed expenses whether or not you itemize deductions. It also works great for those who itemize, but do not have enough medical expenses to get over the 7.5 percent or 10 percent (depending on your age) of adjusted income threshold before those deductions are counted. Many people assume they are receiving a tax benefit for these expenses when they are not. Simply look at your Schedule A, line 4. If it says $0, or if you do not even have a Schedule A, you are not benefitting from your itemized medical deductions. Even if you have a number there, line three will show you how much you are getting zero benefit from due to the threshold.
How do I Qualify and What Kind of Account Is It?
In order to qualify for an HSA, you must have a “high deductible” health insurance plan. For 2015, this means you have to have a minimum annual deductible of $1,300 for self-only coverage, or $2,600 for family coverage (or approximately the cost of breathing the air in a hospital lobby). Your plan must also have a maximum annual out-of-pocket limit of $6,450 for self-only coverage or $12,900 for family coverage. If you meet these requirements, you are eligible to set up an HSA account for yourself.
An HSA account is kind of like having a checking account just for qualified medical expenses, but is shares characteristics with an IRA account. A lot of people think the accounts are married to the health insurance providers, but they are not. Lots of banks and investment companies offer them. The account is a custodial account held for your benefit, and you get to choose the company that is the custodian, and you can move the money from one custodian to another, just as you could move your IRA from Fidelity to Vanguard, for instance. You often get a checkbook and/or a debit card. The custodian follows certain rules laid out by the IRS, and reports to the IRS at the end of each year the total contributions to and distributions from your account. The custodian is not responsible, however, for verifying that your expenses are qualified medical expenses, as that responsibility falls to you.
If you have health insurance through an employer and the plan qualifies, often your employer and its health insurance representative are instrumental in getting this account established, and they will select an initial custodian. Many employers will even contribute a monthly amount to your HSA account since the high deductible aspect often saves the employer money on the premiums. But even if your employer does not set an HSA up, you can do it. And as long as your health insurance plan qualifies, you can contribute to it.
How Do I Put Money Into the HSA?
Anyone is actually allowed to contribute to your HSA account (if you should be so lucky!), but there is a total contribution limit of $3,350 per year for self-only plans, and $6,650 for family plans in 2015. And you get an above-the-line tax deduction for the amount put into the account each year. Unlike IRAs, there are not even any income phaseouts that would prevent you from getting the tax deduction if you are a high-income earner. If your employer does not contribute enough to max out the contribution limit, you can always write a check to the account for the difference. You even have until April 15 (18 this year) to make the contribution for the prior year (similar to an IRA). If you are over 55 years old (IRAs are 50), you can make an additional $1,000 contribution each year.
If you are enrolled in Medicare or are being claimed as a dependent on someone else’s return, you cannot contribute to an HSA. In years where you change from self-only coverage to family coverage, or if you get married, or go through a divorce, stop insurance, start insurance, etc. be aware that there are special rules and limitations on contributions during those years, and you could subject yourself to a penalty if handled incorrectly. If you find that you have overcontributed for any reason, you generally have until the extended due date of your tax returns to get the money out without penalty. You do have to take out any earnings it generated as well, and those would be taxable in the year you physically take the money out of the account.
Can I Transfer Money Into My HSA from an IRA?
If you are desperate to get some additional money into your HSA, you can make a once in a lifetime transfer from your Traditional or Roth IRA to the HSA via a trustee to trustee transfer. However, it is still limited to the annual contribution cap, and it would be reduced by any other contributions you made to the account during the year! So it has very limited usefulness. If you were going to do that, your first choice would almost inevitably be the traditional IRA since the Roth IRA is already a tax-free account.
What/Who Can I Spend the Money On?
All medical expenses that would normally qualify for a deduction on Schedule A, would be a qualified HSA distribution, except for insurance. Generally, you cannot pay your health, vision, dental premiums, etc. from your HSA. Exceptions to this which you could pay from your HSA include long-term care insurance for the HSA account holder (subject to normal limits on long-term care insurance deductions found in the Schedule A instructions), COBRA insurance premiums for you, your spouse, or your dependents, or health insurance paid while you, your spouse, or dependents are receiving federal or state unemployment compensation. Also, if you are 65 or older, you can pay your Medicare and other health insurance premiums (except supplemental Medicare policy premiums) from your HSA.
For the bulk of the qualified medical expenses, you can deduct them for yourself, your spouse, your dependents, or for someone you could have claimed as a dependent except that they were disqualified simply because they filed a joint return, had gross income over $4,000, or were married filing jointly and one of the spouses could have been claimed as a dependent. If you are divorced with children, you can also pay for your children’s medical expenses whether or not you are a custodial parent or claim a dependency exemption, as long as least one of you qualifies to claim the dependency exemption.
If you take money out of the account and do not use it for medical expenses, it will be taxable income, and you will hit a 20 percent tax penalty as well. When you reach age 65, however, you can take the money out and use it for any purpose with no penalty (as opposed to 59.5 for most IRA owners). So in a lot of ways, should you never use it for medical expenses, it acts like another IRA.
Also for people that become permanently disabled, they can escape the 20 percent penalty tax even if used for nonqualified expenses.
In two weeks we will conclude the discussion on HSA accounts and discuss topics such as whether or not you have to pay qualified medical expenses directly from your HSA, strategy for large bills that exceed your HSA balance, having separate accounts for spouses, what happens to the account when you pass away, pitfalls to avoid, and a discussion of the Form 8889 itself.
If you have questions about other schedules or forms in your tax returns, prior articles in our Back to Basics series on personal tax returns are republished on my website at www.tlongcpa.com/blog .
Travis H. Long, CPA, Inc. is located at 706-B Forest Avenue, PG, 93950 and focuses on trust, estate, individual, and business taxation. Travis can be reached at 831-333-1041.
Divorce Taxation – Part IV
Originally published in the Pacific Grove Hometown Bulletin
July 18, 2012
Asset Transfers
Splitting up assets in a divorce can create some interesting situations where special tax laws apply. For instance, any assets transferred between spouses within one year of a divorce are considered transferred incident to divorce and are tax-free transfers. In such a situation, no gain or loss is recognized, and the adjusted basis transfers from one spouse to another just like a gift, even if the property transfer was not stipulated by the divorce decree.
Some strange outcomes can occur from this law. Theoretically, you could have a situation where spouse A has $20,000 worth of stock certificates that were bought for $5,000 many years ago. Spouse A sell the stock to Spouse B for $20,000 nine months after they are divorced. Spouse A would recognize no capital gain on the sale and pay no tax. Instead, Spouse B would receive a basis of $5,000 (instead of $20,000) and then owe the tax on any gain from a future sale that one would normally think belonged to Spouse A. Ouch – this could bite the ill-informed! These same laws, however, could be used in a positive manner for planning purposes. For instance, if spouse A needed cash, and spouse B had large capital loss carryforwards that were likely to go unused, they could work out an arrangement to their joint benefit.
If property is stipulated to be transferred by a divorce decree, the tax-free transfer laws apply for six years. Beyond six years, the tax-free transfer laws can still be applied if facts and circumstances support the idea that the transfer was carrying out the division of property stipulated by a divorce decree.
Sometimes, it is not always clear what qualifies as property for the asset transfer rules. For instance, transferring the right to receive future income can be a gray area. There are also other exceptions to the rules such as when trusts or nonresident aliens are involved, etc. It is always best to get sound advice before acting!
Court Orders
It is also important to remember that a court order is a controlling document. Generally speaking, whatever is decided in a court order will govern and override any default tax laws that would otherwise control. It is best to seek competent tax and legal advice, so you have a clear idea of what to expect, and have the opportunity to negotiate the tax aspects of your settlement.
Prior articles are republished on my website at www.tlongcpa.com/blog.
IRS Circular 230 Notice: To the extent this article concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law.
Travis H. Long, CPA is located at 706-B Forest Avenue, PG, 93950 and focuses on trust, estate, individual, and business taxation. He can be reached at 831-333-1041.
Divorce Taxation – Part II
Originally published in the Pacific Grove Hometown Bulletin
June 20, 2012
Community Property/Income and Deductions
A complicating factor with divorces is that state law governs a good bit of how taxation will work, and each state has different laws. California is one of nine community property states. It is has similarities to other community property state tax laws, but differences as well. In California, community property laws say that income and deductions derived or expended while married are generally split 50/50 during the community period. The income and deductions generated after the community period ends belong to each taxpayer. The community period for California purposes ends when the taxpayers separate with no intent to get back together. This does not require a final decree of divorce or separate maintenance, but is based on facts and circumstances.
Many divorcing couples often take the approach, “You report your W-2 on your returns and I will report mine on my returns,” but that is technically not correct since in most cases they should each be reporting half of each other’s W-2 during the community period. Spouses are required to provide the necessary information for the other spouse to file a complete and accurate return. This situation can lead to an advantage or an abuse depending on the familiarity of each spouse with the tax laws.
Although the laws do get complex, generally speaking, community property is anything acquired during the community period, or any separate funds brought into the marriage that are tainted by intermingling the funds with community funds. If the taxpayer maintained any separate property during the marriage, then the income and deductions for separate property would go to the spouse who owned the property. An example of this would be: Spouse A brings a rental property and a large bank account to the marriage and maintains it in his or her own name. Spouse A uses the bank account exclusively for the rental property and pays all rental property expenses and deposits all the rental property income into the bank account. Since there is no intermingling with any assets created after the marriage began, the property would maintain its character as separate property and the income and deductions would fall 100% to spouse A in the year of divorce.
Splitting Tax Withholdings and Estimates
Taxes withheld (such as with a W-2) during the community period are generally split 50/50. Estimated tax payments made are credited under the taxpayer whose social security number is submitted with the payment. Individuals going through a divorce should be alert to this as they may not realize the other spouse has made payments in their own name from community property funds. For California, estimated payments with both social security numbers submitted are applied to the tax return of the first taxpayer to file. However, taxpayers are supposed to submit a notarized statement signed by both individuals prior to either filing, specifying how the taxes withheld and joint estimates should be applied. Note, a court order in the divorce proceedings will control and overrule any of these laws, including a retroactive application of joint estimated payments to the spouse the court order specifies.
To be continued next issue…
Prior articles are republished on my website at www.tlongcpa.com/blog.
IRS Circular 230 Notice: To the extent this article concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law.
Travis H. Long, CPA is located at 706-B Forest Avenue, PG, 93950 and focuses on trust, estate, individual, and business taxation. He can be reached at 831-333-1041.
Divorce Taxation – Part I
Originally published in the Pacific Grove Hometown Bulletin
June 6, 2012
Once in a while, I work with clients that are going through a divorce. And once in a while in those once in a whiles, I work with clients who are both happily going through the divorce process, and seem to get along better than most married couples I know! Most of the time, however, it seems to be a challenging and confusing time with a lot of mixed feelings on both sides. Another aspect of divorce that can be challenging and confusing is the taxation in the years surrounding the divorce.
One of the most common themes I see with individuals going through divorce is that many tax issues are not even considered in the process. People know it is a good idea to hire an attorney, but they forget to consult a competent tax professional about how it will play out, or what they may want to have their attorney negotiate on their behalf. For many people they think the only tax consideration is who gets to claim the child, if one is involved. In reality, there are several big issues to consider, and the tax law can sting those who are not aware.
In the next few issues I will go over some of the ground rules and areas of interest pertaining to taxation during a divorce including filing status options, community property laws, splitting income and deductions, crediting tax withholdings and estimated payments, allocating carryforwards, effects of children, transferring assets, and court orders. It is also important to note that state law heavily governs divorce taxation. I will be speaking from the perspective of California residents throughout the articles.
Filing Status
A basic question when going through a divorce is “What filing status should I use?” The answer is that it comes down to your status on the last day of the year. Taxpayers are considered unmarried for tax purposes if the final decree of divorce or a decree of separate maintenance is obtained by the end of the year. If either of those two triggering events occurs, they would file Single or Head of Household returns as applicable. Otherwise, they are still considered married and would file joint returns or Married Filing Separate returns.
One interesting exception, however, is that one or both individuals can claim Head of Household status while still married if they meet the Head of Household rules, and the spouses did not live together during the second half of the year. These rules are sometimes referred to as the “abandoned spouse rules.” Many tax preparers are unaware of these rules, but they can be quite advantageous since divorcing individuals often do not want to file jointly, and Head of Household status is typically much better than Married Filing Separate.
To be continued next week…
Prior articles are republished on my website at www.tlongcpa.com/blog.
IRS Circular 230 Notice: To the extent this article concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law.
Travis H. Long, CPA is located at 706-B Forest Avenue, PG, 93950 and focuses on trust, estate, individual, and business taxation. He can be reached at 831-333-1041.
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