Archive for the ‘foreign assets’ Tag
Back To Basics Part VI – Schedule B
Filed under: Back to Basics | Tags: 1099-INT, address, amortizable bond premiums, dividends, FinCen 114, foreign assets, Form 3520, Form 8938, interest, muni bonds, municipal bonds, nominee distributions, ordinary dividends, original issue discount, private activity bond interest, qualified dividends, Schedule B, seller-financed mortgage, Social Security Number, tax-exempt, U.S. Treasury Bonds, W-9
Leave a comment Originally published in the Cedar Street Times
December 26, 2014
In this issue, we are discussing Schedule B – Interest and Ordinary Dividends. Prior articles are republished on my website at www.tlongcpa.com/blog if you would like to catch up on our Back to Basics series on personal tax returns.
Interest you earn from the use of your money by others is reported in detail in Part I of Schedule B and then summarized on Line 8a of Form 1040. Interest is taxed as ordinary income depending on your tax bracket. The most common form is interest earned from your banks or investment companies. You will generally receive a Form 1099-INT telling you the amount you paid if the amount is over $10. If it is under $10, there is no requirement for the payor to go through the hassle to report it to you and the IRS; technically that does not alleviate your responsibility to report it on your tax returns, however. This holds true for all IRS reportings. Some people think if no tax document is received, they are somehow relieved from the responsibility to report. This is an incorrect notion.
Other forms of interest to report on Schedule B could be interest earned from personal loans made to friends or family, or loans made to a business. In practice, you often will not receive a 1099-INT from individuals you loan money to, but they actually have the same requirements as a bank to file a 1099-INT for interest they pay to you, and they could be penalized for not doing so.
Another form of interest you need to report on Schedule B is interest earned from a seller-financed mortgage. If you sold your home and carried back a note on the house from the buyer, the interest they pay you is reportable interest on Schedule B. You are required to track the interest and report it properly. You and the buyer are both required to provide your names, Social Security numbers, and addresses to each other for proper tax reporting and matching. You list the buyer’s information in Part I of Schedule B next to the amount they paid you. A buyer will do the same for reporting the mortgage interest on Schedule A. A Form W-9 is the best document to request and provide Social Security Numbers. Buyers and sellers could each be penalized if they fail to provide their Social Security numbers for this purpose or if they simply get it verbally, and it is incorrect. A W-9 signed by the other party is a protection to you.
Be careful to not include any tax-exempt interest such as from U.S. Treasury Bonds or tax-free municipal bonds on Schedule B. These would be reported on Line 8b of Form 1040 and are generally not taxable unless there are other adjustments such as those made for Alternative Minimum Tax on Form 6251. Another source of interest to avoid reporting on your Schedule B is interest earned from investments in your retirement plan (I have see people make this mistake!).
There are other forms of interest or adjustments such as original issue discounts, private activity bond interest, amortizable bond premiums, and nominee distributions which are beyond the scope of this article.
Dividends are reported in detail in Part II of Schedule B and summarized on Line 9a of Form 1040. Dividends are essentially a return of part of the profits of the business to the owners. When you own shares of stock in a company, for instance, they may pay out a certain amount per share if the company is doing well. You can reinvest the dividends and buy more shares or take the cash. Either way, the dividends get reported on Schedule B.
Dividends are taxed at your ordinary income tax bracket rate unless they qualify for special capital gains rate treatment. Then they are called qualified dividends. To qualify for special treatment the dividends must be from U.S. corporations, corporations set up in U.S. Possessions, or in foreign countries with certain tax treaty benefits, or if readily tradable on U.S. stock exchanges. If you have held the stock for less than a year, there are also some specific holding period requirements that could still allow the stock to qualify.
The portion of ordinary dividends that are considered qualified are reported on Line 9b of Form 1040, and don’t actually show up on the Schedule B. This is a large advantage as people in the 10 percent or 15 percent income tax bracket pay no tax on capital gains and qualified dividends! People in the top 39.6 percent bracket pay a 20 percent rate on qualified dividends and everyone in between pays 15 percent.
Part III of Schedule B consists of questions about any foreign accounts or trusts you own or have signature authority over. These questions are EXTREMELY important to answer correctly. If you have a foreign account you will also need to file FinCen Form 114 with the Treasury Department. There are potentially massive penalties for failure to properly report on FinCen Form 114, even if unintentional, and possible jail time if you willfully do not report. You may also need to file a Form 8938, a 3520 or other forms related to foreign assets. If you have foreign assets, you should seek professional support that has experience in this area. Getting caught is much worse than coming forward.
In two weeks we will continue our Back to Basics series with Schedule C – Profit or Loss from Business
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.
Do You Have Assets or Investments in Foreign Countries?
Filed under: Foreign Reporting, General | Tags: 8938, bank account, due date, FBAR, foreign, foreign assets, foreign country, foreign investments, Form 8938, Form TD F 90-22.1, investment account, investments, June 30, non-willful neglect, Penalties, real estate, Report of Foreign Bank and Financial Accounts, Statement of Specified Foreign Financial Assets, TD F 90-22.1
Leave a comment Originally published in the Cedar Street Times
December 28, 2012
Various reasons including the fight against terrorism and failure to pay tax on foreign income are driving our lawmakers to require more stringent reporting of foreign investment activities. This is important because there have been significant changes in the past two years with the addition of a new reporting form, and the penalties for noncompliance include extremely high monetary penalties or jail time. Even cases of non-willful neglect or ignorance could lead to penalties of $10,000.
Generally this affects people who have opened bank or investment accounts in other countries (or are authorized signers on such accounts) or have an ownership interest in businesses in foreign countries. It generally does not include direct holdings of real estate, personal property, or financial investments made through an account setup here in the U.S. with a U.S. institution that diversifies your money and invests internationally. For instance, holding an international stock index fund through Vanguard would not trigger a requirement because Vanguard has reporting requirements here in the U.S. that would cover you. This additional reporting generally covers the things for which the U.S. would not know about unless you told them.
There are two forms which I feel tax practitioners should touch base with their clients about every year. One is the Foreign Bank and Financial Accounts Form TD F 90-22.1 (FBAR), and the other is the relatively new Statement of Specified Foreign Financial Assets Form 8938 which has only been around for about two years. The FBAR is not a tax return filing document, but is due to the Treasury Department by June 30th of each year (watch out if you are on extension and do your taxes late in the year). The new Form 8938 gets filed with your tax returns.
I suggest you think about any connections you have with money or assets in a foreign country and discuss them with your tax professional this coming year. The laws do get complicated and sometimes you may not think you have a reporting requirement when you actually do. For instance, you would have a reporting requirement if you have a relative or friend in a foreign country that adds you on to their bank account as a signer, simply for the convenience that you could write a check on their behalf if needed, regardless of whether or not you actually do.
You may have a reporting requirement if a foreign relative or friend has named you as a beneficiary in his or her trust; or perhaps you have a pension or deferred compensation plan which you will someday receive for past service with a foreign company or country; or maybe you are an owner or a partner in a business that holds assets that qualify (indirect interest). As you can see, it is not always straight-forward, but I hope you are now more alert to the issue, and that you can identify situations that may need further review.
Seeking qualified professional help continues to grow in importance as we continue to move in a direction towards increased complexity.
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.
Travis H. Long, CPA, Inc. Blog 