How Does A Tax Credit Work? Federal Tax Credits Explained
What Are Federal Tax Credits?

Tax season can be a daunting time, filled with forms, calculations, and the question: am I getting the most out of my tax return? One often overlooked benefit that can significantly impact your tax liability is tax credits. But how exactly do they work?

Think of a tax credit like a coupon for your taxes. Unlike deductions which reduce your taxable income, tax credits directly decrease the amount of tax you owe, dollar-for-dollar. This means a $1,000 credit reduces your tax bill by $1,000, making them a powerful tool for saving money.

Here’s a breakdown of how they work:

  1. Eligibility:
    Each tax credit comes with specific requirements you need to meet to claim it. These typically involve income levels, qualifying expenses, or specific actions taken.
  2. Claiming the Credit:
    When filing your tax return, you identify the credits you’re eligible for and the amount you’re claiming.
  3. Reducing Your Tax Bill:
    The claimed credit directly reduces the taxes you owe.
  4. Potential Refund:
    If the credit amount exceeds your tax liability, some credits (refundable credits) can result in a tax refund, putting money back in your pocket.

Here are some examples of tax credits that are available to claim:

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Form 8854: The Final Step In Leaving U.S. Tax System

For US expats ready to renounce their citizenship, understanding the final legal and tax steps is essential. Form 8854, the Initial and Annual Expatriation Statement, marks the conclusive stage in breaking ties with the U.S. tax system. At 1040 Abroad, we specialize in navigating the complexities of Form 8854, offering the insights needed to finalize your departure from U.S. tax obligations confidently. This article is your definitive guide to completing Form 8854, the ultimate step in your expatriation journey.

WHAT IS FORM 8854?

Form 8854 is a tax form used by long-term residents relinquishing their Green Card and U.S. citizens renouncing their citizenship. Until you file it, you will remain a U.S. person for tax purposes. The form declares expatriation and compliance with IRS requirements, marking your official departure from U.S. tax obligations.

NoteA long-term resident, for the purposes of Form 8854, is an individual who has held a green card in at least 8 of the last 15-tax-year period before the year of expatriation.

WHAT IS THE PURPOSE OF FORM 8854?

Form 8854 has several key purposes:

  1. To notify the IRS of your expatriation or termination of long-term residency.
  2. To certify that you have complied with all U.S. federal tax obligations for the five years preceding the year of your expatriation.
  3. To determine if an individual is a “covered expatriate” under U.S. tax law, which has implications for their tax liabilities.
  4. To calculate the exit tax, if applicable,  under sections 877 and 877A of the Internal Revenue Code.

Importantly, for U.S. citizens who have renounced their citizenship, filing Form 8854 is necessary to formally cease being considered a U.S. person for income tax purposes. This step is essential to ensure compliance with U.S. tax laws and avoid continuing U.S. tax obligations.

WHO IS CONSIDERED A COVERED EXPATRIATE?

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California Digital Financial Assets Law

On October 13, 2023, Governor Newsom signed into law Assembly Bill 39 and Senate Bill 401, together called the Digital Financial Assets Law (DFAL).

The DFAL provides the DFPI with rulemaking authority and an operative date of July 1, 2025 to ensure the regulatory framework is thoughtfully tailored to provide investor and consumer protections and address the crypto asset industry.

Invitation for Comments by January 12, 2024

The DFPI seeks public comments on topics related to the DFAL license application, licensure requirements, and stablecoin approval. The Commissioner invites interested parties to submit comments by January 12, 2024.

Prior to the comment deadline, the DFPI will host a virtual informal listening session with stakeholders to discuss feedback on this informal invitation for comments on January 8, 2024. Interested parties should email regulations@dfpi.ca.gov with the subject line “DFAL Listening Session RSVP” for an invitation to attend. The DFPI anticipates invitations for comment on additional topics in the future.

Licensing

Beginning July 1, 2025, companies must be licensed by the DFPI or have applied for a license with the DFPI to operate in California. The DFAL prohibits an entity from engaging in digital financial asset business activity unless the entity holds a license from the DFPI. Digital financial business activity includes activities such as exchanging, storing, or transferring a digital financial asset, such as a crypto asset. The new law promotes consumer and investor protection by creating a robust regulatory framework, including supervision and enforcement authority, for certain crypto activities.

Prospective Licensees

If you are a prospective DFAL licensee, or have a question about how the law affects your business, join our email list to receive future updates or email crypto@dfpi.ca.gov.

Kiosks

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Taxpayers Should Report Digital Asset Transactions, Gig Economy Income, Foreign Source Income And Assets

The Internal Revenue Service reminds taxpayers they’re generally required to report all earned income on their tax return, including income earned from digital asset transactions, the gig economy and service industry as well as income from foreign sources.

Reporting requirements for these sources of income and others are outlined in the Instructions for Form 1040 and Form 1040-SR. The information is also available on IRS.gov.

This release is the third in a four-part series called the Tax Time Guide, a resource to help taxpayers file an accurate tax return. Additional guidance is available in Publication 17, Your Federal Income Tax (For Individuals).

Digital Assets, Including Cryptocurrency

A digital asset is a digital representation of value that is recorded on a cryptographically secured, distributed ledger. Common digital assets include:

  • Convertible virtual currency and cryptocurrency.
  • Stablecoins.
  • Non-fungible tokens (NFTs).
Everyone Must Answer The Question

Everyone who files Forms 1040, 1040-SR, 1040-NR, 1041, 1065, 1120 and 1120-S must check one box answering either “Yes” or “No” to the digital asset question. The question must be answered by all taxpayers, not just by those who engaged in a transaction involving digital assets in 2023.

Checking “Yes”: Normally, a taxpayer must check the “Yes” box if they:

  • Received digital assets as payment for property or services provided;
  • Transferred digital assets for free (without receiving any consideration) as a bona fide gift;
  • Received digital assets resulting from a reward or award;
  • Received new digital assets resulting from mining, staking and similar activities;
  • Received digital assets resulting from a hard fork (a branching of a cryptocurrency’s blockchain that splits a single cryptocurrency into two);
  • Disposed of digital assets in exchange for property or services;
  • Disposed of a digital asset in exchange or trade for another digital asset;
  • Sold a digital asset; or
  • Otherwise disposed of any other financial interest in a digital asset.

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Request A CPE Course For Your Firm Members: The Best Retention Strategy For Your Tax Team Is A Great Education

With years of experience communicating with tax professionals on why they stay with their organizations and why they leave, I know the number one retention strategy is training your team members. Training is what staff members want and as CEO and Founder of TaxConnections Executive Search Services Division, it catches my attention when I see a firm like Source Advisors offering to provide complimentary education services to CPA firms and corporate tax organizations, I take notice. Now is the time to contact Eric Larson at Source Advisors to schedule a training day or session for your team for free. Why does Source Advisors do this? They want to engage with you and your firm in case you have specialty work to outsource like R&D Tax Credits to do under your own label. Source Advisors is a specialty tax firm that many CPA firms outsource their work to ensure it is completed by leading experts in the profession.

Take a look at the education they want to provide your tax team:

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Why Outsourcing Sales Tax Compliance Is The Smart Choice

Efficiently managing sales tax compliance is an essential component of modern business operations. Companies often grapple with the ever-evolving landscape of tax laws and regulations, making the decision to outsource sales tax compliance a strategic move. This article delves into the reasons behind this choice and explores the wide-ranging benefits it offers to businesses striving for streamlined taxation operations and sustainable growth.

Here’s what we’ll be covering:

1. Cost Savings and Efficiency:

    • Discusses the financial benefits of outsourcing sales tax compliance, such as redirecting resources and cost-effectiveness.

2. Expertise and Specialized Knowledge:

    • Highlights the importance of outsourcing for accessing professionals with specialized knowledge in tax law and compliance, reducing compliance risks.

3. Reduced Risk of Non-Compliance:

    • Emphasizes the role of outsourcing in maintaining strict compliance with tax regulations and avoiding penalties.

4. Scalability and Flexibility:

    • Explains how outsourcing can adapt to fluctuations in business growth and sales volume, ensuring compliance efforts align with changing demands.

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CITIZENS AGAINST WASTE

As the Internal Revenue Service (IRS) gears up to start accepting and processing 2023 tax returns, the agency announced it will be launching its own tax preparation system.  The IRS having its own tax preparation system would greatly expand the agency’s power and make the IRS tax preparer, biller, and enforcer, interfere with a competitive and efficient marketplace, and undermine its own Free File program.

The IRS announced that the new pilot program will be fully available by mid-March in 13 states for taxpayers meeting certain eligibility criteria.  This pilot program was launched after the Inflation Reduction Act (IRA) included $15 million for the IRS to explore the viability for an in-agency tax preparation system, which is a far cry from their ignoring the law and moving forward with their own system.  The IRA was not the first time such a program has gotten support from lawmakers.  Some members of Congress, like Sen. Elizabeth Warren (D-Mass.) have long pushed for the IRS to launch its own tax preparation system.

There are several reasons that this expansion of the IRS’ power is a terrible idea for taxpayers and a waste of taxpayer dollars.  Most notably, the IRS has already tried and failed to create and operate its own tax preparation system when it launched Cyberfile.  The Cyberfile program cost taxpayers $17 million and failed to provide adequate customer service or protect taxpayer information.  In addition, the IRS already runs Free File, a free tax filing system for taxpayers whose income is below a certain threshold.  The Free File program was created in 2002, to take effect for the 2003 tax season, in response to the failure of Cyberfile.  The IRS has contracts with several tax preparation companies to provide taxpayers with free tax preparation services.  Approximately 70 percent of all taxpayers are eligible for this program but only 2 percent of taxpayers utilized the system during the 2022 tax filing season.

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Senator Rick Scott Leads Anti-Earmarks Resolution

WASHINGTON, D.C. – Senator Rick Scott led the introduction of a resolution in the U.S. Senate slamming Congress’ obsession with reckless earmarks. Joining Senator Scott in fighting against this reckless government spending are Senators Ron Johnson, Mike Braun, Marsha Blackburn, John Barrasso, Mike Lee, Josh Hawley, Rand Paul and Steve Daines. Additionally, this resolution has been endorsed by Heritage Action.

The minibus spending bill being considered by the Senate contains more than 6,600 earmarks detailed over 605 pages which include:

  • $1 million for an environmental justice center in New York City;
  • $3.5 million for a Thanksgiving parade in Michigan; and
  • $1 million for a social justice center in San Francisco to make building improvements.

Senator Rick Scott said, “Earmarks are Washington’s corrupt way to recklessly spend taxpayer money with zero scrutiny and must be stopped. While the federal government’s debt nears $35 trillion and inflation has skyrocketed 18% under Joe Biden, the minibus spending bill has more than 6,600 projects that will cost taxpayers $12 BILLION. This clearly isn’t about funding the government, it’s about funding pet projects for politicians like Chuck Schumer. Floridians have no interest in funding Schumer’s wish list. We must end this wasteful political corruption that Washington calls earmarks.”

Senator Ron Johnson said, “Earmarks are the gateway drug to more massive deficit spending. Even some Republicans joined with Democrats to contribute billions in earmarks to this bill, despite claiming to value fiscal responsibility. America cannot afford a wish list upwards of $12 billion that further mortgages our children’s futures and masquerades as responsible spending.”

Senator Mike Braun said, “The American people should not be forced to pay for political pet projects. There are over 6,000 earmarks in this inflation bomb spending bill. Cut them all.”

Senator Marsha Blackburn said, “The Washington swamp uses earmarks to push lobbyist pet projects and continue a pattern of wasteful spending that only hurts Main Street businesses and hardworking families. Tennessee taxpayers should not have to foot the bill for a social justice organization in Northern California, an education campaign to protect monk seals in Hawaii, or an environmental justice center in New York. This is a reckless waste of taxpayer dollars that will only exacerbate our national debt.”

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2024 Standard Mileage Rates Announced By The IRS

Mileage rates for travel are now set for 2024. The standard business mileage rate increases by 1.5 cents to 67 cents per mile. The medical and moving mileage rates are now 21 cents per mile. Charitable mileage rates remain unchanged at 14 cents per mile.

2024 Standard Mileage Rates

Mileage                   Rate/Mile

Business Travel           .67 Cents

Medical Moving         .21 Cents

Charitable Work         .14 Cents

Here are the 2023 mileage rates for your reference.

2023 Standard Mileage Rates

Mileage                   Rate/Mile

Business Travel           .65.5 Cents

Medical Moving         .22   Cents

Charitable Work         .14  Cents

To note

  • These rates apply to gas, electric, hybrid-electric and diesel-powered vehicles.
  • You cannot claim mileage as an itemized deduction as an employee that is not reimbursed for travel expense.
  • Mileage deduction for moving expense is not allowed unless you are an active member of the Armed Forces and are ordered to move to a new permanent duty station.

Remember to properly document your mileage to receive full credit for your miles driven.

From Newsletter of Gary Carter, GW Carter CPA
The IRS 4-Part Test for R&D Tax Credits Explained
The R&D 4-Part Test

Imagine the 4-part test as a sturdy bridge connecting your R&D activities to tax credit rewards. Each part acts as a pillar, ensuring your project meets the eligibility criteria:

1. Permitted Purpose – What Problem Are You Solving?

The core of your R&D activity must be to develop or improve a product, process, software, formula, or technique. This means your project aims to address a technological challenge, not simply fulfill routine business needs.

2. Technological in Nature – Is It Brainy Enough?

Hostels, co-living spaces, and even shared vacation homes can leverage cost segregation for common areas like kitchens, bathrooms, laundry facilities, and entertainment zones.

3. Process of Experimentation – Trial and Error for Success

Your project should involve a systematic experimentation process. This means actively seeking solutions through trial and error, testing different alternatives, and changing your approach based on the results. Simply following established procedures doesn’t qualify.

4. Technological Uncertainty – Are You Pushing the Boundary?

The R&D activity must address unknowns or limitations in technology, design, or engineering capabilities. You’re venturing into unchartered territory, not just making minor improvements or using well-established techniques.

Additional Considerations

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IRS Reminds Personal Expenses For General Health And Wellness Are Not Considered Medical Expenses Under The Tax Law

WASHINGTON — Amid concerns about people being misled, the Internal Revenue Service today reminded taxpayers and heath spending plan administrators that personal expenses for general health and wellness are not considered medical expenses under the tax law.

This means personal expenses are not deductible or reimbursable under health flexible spending arrangements, health savings accounts, health reimbursement arrangements or medical savings accounts (FSAs, HSAs, HRAs and MSAs PDF).

This reminder is important because some companies are misrepresenting the circumstances under which food and wellness expenses can be paid or reimbursed under FSAs and other health spending plans.

“Legitimate medical expenses have an important place in the tax law that allows for reimbursements,” said IRS Commissioner Danny Werfel. “But taxpayers should be careful to follow the rules amid some aggressive marketing that suggests personal expenditures on things like food for weight loss qualify for reimbursement when they don’t qualify as medical expenses.”

Some companies mistakenly claim that notes from doctors based merely on self-reported health information can convert non-medical food, wellness and exercise expenses into medical expenses, but this documentation actually doesn’t. Such a note would not establish that an otherwise personal expense satisfies the requirement that it be related to a targeted diagnosis-specific activity or treatment; these types of personal expenses do not qualify as medical expenses.

For example: A diabetic, in his attempts to control his blood sugar, decides to eat foods that are lower in carbohydrates. He sees an advertisement from a company stating that he can use pre-tax dollars from his FSA to purchase healthy food if he contacts that company. He contacts the company, who tells him that for a fee, the company will provide him with a ‘doctor’s note’ that he can submit to his FSA to be reimbursed for the cost of food purchased in his attempt to eat healthier. However, when he submits the expense with the ‘doctor’s note’, the claim is denied because food is not a medical expense and plan administrators are wary of claims that could invalidate their plans.

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4 Mistakes You Might Be Making On Your R&D Tax Credit Claim

Are you making the most of your R&D tax credit claim? Here are four common mistakes that businesses often make when it comes to claiming their R&D tax credits.

1. Documentation Deficit: Leaving Money On The Table

Robust documentation is the backbone of a successful claim. Keep detailed records of your project objectives, methodologies, challenges encountered, and results achieved. Think meeting notes, technical reports, prototypes, and even emails discussing the innovative aspects. Without solid proof, your claim risks crumbling under scrutiny.

2. Casting A Wide Net: Not All Costs Are Created Equal

While your entire R&D project might seem worthy of a reward, the R&D tax credit isn’t a blanket solution. It specifically targets the innovative aspects, not routine business activities. Common mistakes include claiming marketing costs, routine tasks like quality control, or expenses incurred outside the eligible claim period. Scrutinize your project expenses and isolate the specific portions related to genuine R&D activities. Only those qualify for the credit.

3. Underestimating The “R” In R&D

Not all projects with a science twist automatically qualify for R&D tax credits. Remember, the “R” stands for research, not routine development. Your project should involve overcoming technological or scientific uncertainties, leading to advancements in your field. Simply improving an existing product or process might not be enough. Be prepared to demonstrate the innovative elements and technical challenges tackled within your project.

4. Going Solo When The Stakes Are High

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