Most taxpayers don’t intentionally incur tax penalties, but many who are penalized are simply not aware of the penalties or the possible impact on their wallets.

With jobs at a premium during the COVID-19 pandemic, you might consider hiring your children to help out in your business.

Medicaid waiver payments are a type of payment from a state to an individual to take care of another individual who would otherwise be institutionalized, saving the government the cost of the more expensive institutional care.

As bad as it has been financially for many individuals, 2020 does provide some unique tax opportunities for those who have traditional IRA accounts.

Some refer to it as “creative accounting” or just “a little fudging here and there,” but if your tax return is missing some income that should have been reported or includes overstated deductions, regardless of whether you prepared your own return or had it prepared, you are the one who is ultimately responsible.

The Treasury Department and the IRS released updated state-by-state figures for Economic Impact Payments (EIPs) on May 22, reflecting the opening weeks of the program.

When you start planning for retirement, the hope is that you will set aside money and it will grow until you leave the working world to spend your time on things other than working at a job. 

However, life happens. There are going to be times when you will need money to pay for things that pop up. It is at times like these that you will want to pull money out of your IRA.

However, you do need to be careful.  If you pull money out before you reach age 59-and-a-half, you will face a 10% penalty for early withdraw.  This would apply if you were pulling money out of either a Roth or Traditional IRAs.

However, it only applies to the amount of the distribution that is included in gross income.  Therefore, it does not apply to the part of your distribution that is a return of your contributions.

However, this is not a hard and fast rule.  There are certain instances where you will not be subject to the 59 and-a-half rule.  When you receive your 1099-R that shows the amount you received, Box 7 will have a code in it that will signify what type of distribution it is. 

Let’s take a look at these codes and what they mean.

If you see Code 1 in box seven, you have had a separation of service. 

• This means you received the distribution in the year you turned 55 or 50 if you are a qualified public safety employee. 
• A public safety employee is someone from any level of government (federal, state or local) who is a police officer, firefighter, customs official, border patrol agent, air traffic controller, or provides emergency medical services. 
• Keep in mind that this code does not apply to IRAs.

Code 2 in box seven means that you have received a distribution that is part of a series of substantially equal periodic payments. 

• Unless the payment schedule is modified before you reach age 59 and-a-half.

If you have a total and permanent disability, you should see a three in box seven, indicating that the payments you receive are due to a disability.

Code 4 in box seven means that you are receiving the payment as a beneficiary of the participant in the plan, who has died.

If you have received a distribution from the retirement plan to pay for unreimbursed medical costs, box seven will have a five in it.  

If you underwent a divorce, and as part of qualified domestic relations order fund were distributed from a retirement plan (other than an IRA), box seven with having a six written in it.

If you have left a job and have been receiving unemployment compensation for 12 consecutive weeks, you can receive money from a retirement plan to pay for unemployment health insurance. 

• If that is the case, you should see a seven in Box 7 of your 1099-R.

You can make withdraws from an IRA to pay for education costs, including tuition, supplies, books, and room and board for someone who is a half-time student. 

• This withdrawal would be indicated by an eight in Box 7.

First-time homebuyers are allowed to withdraw up to $10,000 from an IRA to purchase a home. 

• The $10,000 is a lifetime limit, and you must not have owned a home for at least two years. If you are married, both you and your spouse are entitled to a $10,000 lifetime withdraw. 
• The number nine will show in Box 7 if you have made this type of withdrawal.

Code 10 in Box 7 indicates that a distribution was made from a retirement plan to pay an IRS levy.

If you are a reservist called to active duty for a period of 180 days or more, or for an indefinite period, if number 11 appears in in Box 7 indicates that you have received a qualified reservist deferral.

Need some help with understanding your options when it comes to early retirement distributions? 

Drop me a line at [email protected] and we can discuss your situation and how best to take advantage of the deductions and credits available to you.

In accordance with Circular 230 Treasury Department Regulations, we are required to advise you that any tax advice contained in this article may not be relied upon to avoid penalties under the Internal Revenue Code. 

If you are interested in a written opinion that can be relied upon to prevent the imposition of tax-related penalties, please contact the author.

Potomac Local News: Today we’re going to talk about hiring your children. This is something that business owners can take advantage of, and, “hiring” is not such a dirty word when it comes to your children, correct?

You can actually hire your kids and set them up for success in the future. What is this all about?

Chris Peden: Well, first of all, people see that and they say, “wow, you know, I can pay them and deduct them for doing chores.”

Well, no, actually, they work they do has to do with your business. So if you have a payroll set up with a payroll company, you can actually put them on payroll and have to do taxes.

• As long as the work related to your business, has a business purpose, and they’re capable of actually doing those tasks, you pay them like you regularly would or you’d make a payment to, say, a Roth I.R.A., or to an educational fund to fund your college education or the retirement fund.

What can my child do for my business? 

Potomac Local News: I imagine that this type of thing would work for for for certain businesses, like office locations, and home-based businesses. Can you give us an example of some of the tasks that a business owner may have their child do?

Chris Peden: Yes. Well, I actually have a friend out in California. I work a lot with him about dealing with tax plans and tax savings, and he puts together a little binder. And what he does, he has a son sit down and put the pages in the binder to organize it.

• Or you may have a child in high school who’s into graphic art or graphic arts and likes working with their computer to create images for marketing brochures for your business.
• These tasks are examples of what you can pay your child to do for rather than sending that work out-of-house. Maybe your children have a great knowledge of social media and can help your business in that respect.
• With this approach, you can have a little more control because it’s your child sitting there and you can help them. And this teaches them to learn to work in a business and then feeds their passion for what they’re doing.

Potomac Local News: A few of the questions that could lead to fear is, when it when I get my kid in the business, what about all of the paperwork involved?. Is the IRS going to look down on me for hiring my child? On paper, does it make me look like I am forcing them to do something they don’t want to do?

Walk us through the set-up process? What’s the paperwork? And then what’s the legality of it all?

The paperwork is easy

Chris Peden: The paperwork is basically setting up an employee on your program, on your payroll. I would recommend working with a great payroll company such as Paychex, which will walk you through the legal ramifications.

• When it comes to the amount of pay, make sure that the work you’re paying them a market rate for it. Ask yourself, “What would I pay a normal if someone outside my family to do this work?”
• And you want to pay them a market rate, be sure they do the work. Is the job you’ve hired them for at their skill level? Are you only going to pay someone to do quantum mechanics unless they’re really, really smart, like young Sheldon Cooper?

Potomac Local News: And finally, once you have your kids working in your business, is the work you’re paying them to do “busy” work designed to keep them entertained and out of your hair? Or, are you actually helping to set them up for success and giving them real-world experience?

Chris Peden: Absolutely. If they’re coming, they’re working for you, they’ve worked for you as an employee in your company.

• They can list that experience on a LinkedIn profile. They can put on a resume that they’ve actually done this work and they have experience.
• And if they do things as we’ve mentioned, graphic arts, social media posts, they have samples that have actually been used in a business that could lead them to find a job somewhere else or starting their own company.
• It helps them build a portfolio that they can go out and be working for other outlets for someone else or get clients on their own.

Chris Peden is the principal owner of Peden Accounting Services in Manassas. Contact him today for all of your business accounting needs by calling 703-967-1948.