• Lack of IRS guidance on state tax payments

    From Adam H. Kerman@21:1/5 to All on Wed Feb 8 13:32:21 2023
    During 2022, various states used pandemic monies from the federal
    government to issue tax payments. They called them, variously, rebates
    and refunds.

    Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Massachusetts, Minnesota, New Jersey, New
    Mexico, Oregon, Rhode Island, South Carolina, and Virginia

    Each state is handling it differently. In Virginia, it's reportable and
    taxable if the taxpayer itemizes but it's not reportable if the
    taxpayer takes the standard deduction.

    In my state, Illinois, it's not taxable. There were two rebates, one for
    income taxes and another for property taxes (to the property owner if
    the primary residence).

    At the federal level, are these treated the same way as tax refunds,
    that is, reportable by taxpayers who took an itemized deduction for
    state taxes paid during the previous year?

    Are they reportable as income in some other way?

    As the payments may not be the same type of income from one state to the
    next, will IRS guidance be different from one state to the next?

    Not only has IRS yet to issue guidance, they've requested that affected taxpayers wait to file till guidance is issued.

    IRS urges special refund recipients to delay filing taxes
    By ADRIANA MORGA
    AP
    2/7/2023 https://apnews.com/article/illinois-state-government-california-virginia-internal-revenue-service-f505d4e2ebac314fdc21fd5b16815998

    IRS Statement - Taxability of State Payments
    2/3/2023 https://www.irs.gov/newsroom/irs-statement-taxability-of-state-payments

    --
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  • From ira smilovitz@21:1/5 to Adam H. Kerman on Wed Feb 8 15:11:44 2023
    On Wednesday, February 8, 2023 at 1:33:38 PM UTC-5, Adam H. Kerman wrote:
    During 2022, various states used pandemic monies from the federal
    government to issue tax payments. They called them, variously, rebates
    and refunds.

    Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Massachusetts, Minnesota, New Jersey, New
    Mexico, Oregon, Rhode Island, South Carolina, and Virginia

    Each state is handling it differently. In Virginia, it's reportable and taxable if the taxpayer itemizes but it's not reportable if the
    taxpayer takes the standard deduction.

    In my state, Illinois, it's not taxable. There were two rebates, one for income taxes and another for property taxes (to the property owner if
    the primary residence).

    At the federal level, are these treated the same way as tax refunds,
    that is, reportable by taxpayers who took an itemized deduction for
    state taxes paid during the previous year?

    Are they reportable as income in some other way?

    As the payments may not be the same type of income from one state to the next, will IRS guidance be different from one state to the next?

    Not only has IRS yet to issue guidance, they've requested that affected taxpayers wait to file till guidance is issued.

    IRS urges special refund recipients to delay filing taxes
    By ADRIANA MORGA
    AP
    2/7/2023 https://apnews.com/article/illinois-state-government-california-virginia-internal-revenue-service-f505d4e2ebac314fdc21fd5b16815998

    IRS Statement - Taxability of State Payments
    2/3/2023 https://www.irs.gov/newsroom/irs-statement-taxability-of-state-payments

    --

    No one can answer your questions definitively before the IRS issues its guidance. I have seen elsewhere that some practitioners are choosing a position and disclosing it via Form 8275 if they think disclosure is necessary. The big chains have also taken
    a position in advance of IRS guidance, but I don't know what that position is, or whether it is consistent across the country.

    I have no problem asking my clients to wait for guidance, but then I don't have a storefront retail practice and most of my clients won't have their documents to me until next month (or later). Obviously, those with storefront practices or simpler
    returns where the clients are dependent on a quick refund for everyday living expenses must make their decision now.

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From honda.lioness@gmail.com@21:1/5 to All on Sat Feb 11 14:36:38 2023
    I trust most here saw the following from the IRS yesterday:

    "The Internal Revenue Service will not collect federal taxes against state-issued inflation relief payments or tax refunds, the agency said Friday, a reprieve for tens of millions of taxpayers who received the subsidies."

    See https://www.washingtonpost.com/business/2023/02/10/irs-taxes-state-inflation/

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Adam H. Kerman@21:1/5 to honda....@gmail.com on Sat Feb 11 15:39:07 2023
    honda....@gmail.com <honda.lioness@gmail.com> wrote:

    I trust most here saw the following from the IRS yesterday:

    "The Internal Revenue Service will not collect federal taxes against >state-issued inflation relief payments or tax refunds, the agency said >Friday, a reprieve for tens of millions of taxpayers who received the >subsidies."

    See >https://www.washingtonpost.com/business/2023/02/10/irs-taxes-state-inflation/

    Actually, I hadn't looked for it. Thanks

    https://www.irs.gov/newsroom/irs-issues-guidance-on-state-tax-payments-to-help-taxpayers

    Note that Georgia, Massachusetts, South Carolina, and Virginia issued
    tax refunds. The payment is not included in income for federal tax
    purposes if

    1) taxpayer didn't itemize, or

    2) taxpayer did itemize but didn't receive a benefit in the year of
    deduction.

    I guess that means deductions exceeded tax liability.

    There's a handy chart listing payments from 17 other states. https://www.irs.gov/newsroom/state-payments

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Stan Brown@21:1/5 to Adam H. Kerman on Sun Feb 12 09:57:40 2023
    On Sat, 11 Feb 2023 15:39:07 EST, Adam H. Kerman wrote:
    honda....@gmail.com <honda.lioness@gmail.com> wrote:

    I trust most here saw the following from the IRS yesterday:

    "The Internal Revenue Service will not collect federal taxes against >state-issued inflation relief payments or tax refunds, the agency said >Friday, a reprieve for tens of millions of taxpayers who received the >subsidies."

    See >https://www.washingtonpost.com/business/2023/02/10/irs-taxes-state-inflation/

    Actually, I hadn't looked for it. Thanks

    https://www.irs.gov/newsroom/irs-issues-guidance-on-state-tax-payments-to-help-taxpayers

    That page from the IRS repeat "2022" a zillion times. Some of the
    payments from the FTB in California were issued in 2023 - mine among
    them, naturally. Am I safe to assume, since this was part of the same
    program that the IRS has now ""blessed", albeit issued late, that I
    will exclude it from my 2023 return?

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Adam H. Kerman@21:1/5 to Stan Brown on Sun Feb 12 18:42:00 2023
    Stan Brown <the_stan_brown@fastmail.fm> wrote:
    On Sat, 11 Feb 2023 15:39:07 EST, Adam H. Kerman wrote:
    honda....@gmail.com <honda.lioness@gmail.com> wrote:

    I trust most here saw the following from the IRS yesterday:

    "The Internal Revenue Service will not collect federal taxes against >>>state-issued inflation relief payments or tax refunds, the agency said >>>Friday, a reprieve for tens of millions of taxpayers who received the >>>subsidies."

    See >>>https://www.washingtonpost.com/business/2023/02/10/irs-taxes-state-inflation/

    Actually, I hadn't looked for it. Thanks

    https://www.irs.gov/newsroom/irs-issues-guidance-on-state-tax-payments-to-help-taxpayers

    That page from the IRS repeat "2022" a zillion times. Some of the
    payments from the FTB in California were issued in 2023 - mine among
    them, naturally. Am I safe to assume, since this was part of the same
    program that the IRS has now ""blessed", albeit issued late, that I
    will exclude it from my 2023 return?

    If you patiently wait till 2025, you'll get your guidance.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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    * Origin: fsxNet Usenet Gateway (21:1/5)