Estimated Tax and Self-Employment Tax

March 13, 2024

8572 / Who must pay the estimated tax and are penalties imposed for underpayment of the tax?

<div class="Section1"><br /> <br /> Subject to the potential imposition of penalties, any taxpayer who expects to owe tax of $1,000 or more is required to make estimated tax payments.<a href="#_ftn1" name="_ftnref1"><sup>1</sup></a> In other words, a taxpayer should project the current year’s taxable income, tax and credits based on expected income, deductions, etc. Based on “a pay as you go” method, estimated tax payments are payable periodically throughout the year. For this purpose, tax liability includes regular income tax, alternative minimum tax and self-employment tax (Social Security and Medicare tax).<a href="#_ftn2" name="_ftnref2"><sup>2</sup></a><br /> <br /> For self-employed taxpayers, the requirement to make estimated payments is more problematic than for employees. Unlike employees, no part of a self-employed individual’s compensation is withheld by the payor and paid over to the IRS for taxes. Moreover, in addition to regular income tax, these taxpayers are required to pay the full 15.3 percent of the Social Security and Medicare tax. For this reason, a self-employed individual with even a modest amount of income who may owe little or no income tax, may, nonetheless have a significant Social Security and Medicare tax liability.<br /> <br /> However, even employed individuals who are subject to withholding should consider making estimated payments under the following circumstances:<br /> <blockquote>The amount being withheld by the employer is insufficient.<br /> <br /> The taxpayer has a significant amount of other income such as dividends, interest, rent, etc. that is not subject to withholding.</blockquote><br /> On the other hand, an individual need not make estimated payments if all three of the following conditions are met:<br /> <blockquote>The individual had no tax liability for the prior tax year.<br /> <br /> The individual was a U.S. citizen for the entire tax year.<br /> <br /> The prior tax year was a 12 month period.<a href="#_ftn3" name="_ftnref3"><sup>3</sup></a></blockquote><br /> Although estimated payments can be made at any time during the tax year, there is a “required annual payment” that is payable in “required installments” with specific due dates. For that purpose, the tax year is divided into four quarters with the following due dates:<br /> <table border="1" align="center"><br /> <tbody><br /> <tr><br /> <td width="307">First Quarter: January through March</td><br /> <td width="232">April 15<sup>th</sup></td><br /> </tr><br /> <tr><br /> <td width="307">Second Quarter: April through June</td><br /> <td width="232">June 15<sup>th</sup></td><br /> </tr><br /> <tr><br /> <td width="307">Third Quarter: June through August</td><br /> <td width="232">September 15<sup>th</sup></td><br /> </tr><br /> <tr><br /> <td width="307">Fourth Quarter: September through December</td><br /> <td width="232">January 15<sup>th</sup> of following tax year<a href="#_ftn4" name="_ftnref4"><sup>4</sup></a></td><br /> </tr><br /> </tbody><br /> </table><br /> The “required annual payment” is a) 90 percent of the taxpayer’s expected tax liability for the tax year or b) 100 percent of the tax owing for the prior tax year (assuming the prior tax year spanned 12 months).<a href="#_ftn5" name="_ftnref5"><sup>5</sup></a> However, if the taxpayer’s adjusted gross income exceeded $150,000 ($75,000 for filing married filing separately), the percentage in b), above, is increased to 110 percent.<a href="#_ftn6" name="_ftnref6"><sup>6</sup></a><br /> <br /> <hr /><br /> <br /> <strong>Planning Point:</strong> For the 2018 tax year only, the IRS lowered the threshold to 80 percent to account for the significant changes made to the tax code late in 2017. This relief applies both to taxpayers who paid through employer withholding and those who paid quarterly estimated payments (or any combination). If the taxpayer qualifies for this relief but has already filed a return for 2018, the taxpayer can request a refund using Form 843, which must be filed in paper format.<a href="#_ftn7" name="_ftnref7"><sup>7</sup></a><br /> <br /> In August, 2019, the IRS announced that it will automatically waive the otherwise applicable penalties for failure to pay sufficient estimated income tax for certain taxpayers who filed their 2018 returns, but failed to claim the available waiver. This means that the IRS waived penalties for taxpayers who paid at least 80 percent of their estimated tax liability by January 16, 2019, regardless of whether those payments were made in four equal installments.<br /> <br /> <hr /><br /> <br /> If the taxpayer fails to make timely estimated installment payments, the taxpayer is subject to penalties. Although the taxpayer can compute the penalty on Form 2210, the IRS will compute the penalty if the taxpayer does not complete the form.<br /> <br /> <br /> <hr align="left" size="1" width="33%" /><br /> <br /> <a href="#_ftnref1" name="_ftn1">1</a>.  http://www.irs.gov/Businesses/Small-Businesses-&amp;-Self-Employed/Estimated-Taxes.<br /> <br /> <a href="#_ftnref2" name="_ftn2">2</a>.  IRC § 6654(a).<br /> <br /> <a href="#_ftnref3" name="_ftn3">3</a>.  http://www.irs.gov/Businesses/Small-Businesses-&amp;-Self-Employed/Estimated-Taxes.<br /> <br /> <a href="#_ftnref4" name="_ftn4">4</a>.  IRC § 6654(c).<br /> <br /> <a href="#_ftnref5" name="_ftn5">5</a>.  IRC § 6654(d)(1)(A).<br /> <br /> <a href="#_ftnref6" name="_ftn6">6</a>.  IRC § 6654(d)(1)(C).<br /> <br /> <a href="#_ftnref7" name="_ftn7">7</a>.  Notice 2019-25.<br /> <br /> </div>

June 25, 2024

8573 / Are personal tax credits allowed to offset AMT liability?

<div class="Section1"><br /> <br /> Several refundable tax credits, such as the earned income credit and the refundable portion of the child tax credit, are allowed as an offset against AMT liability. Other personal nonrefundable credits also allowed as an offset include:<br /> <ul><br /> <li>Adoption tax credit</li><br /> <li>Child and dependent care credit</li><br /> <li>Nonrefundable portion of the child tax credit</li><br /> <li>Certain learning credits</li><br /> <li>Tax credit for IRAs and retirement plans</li><br /> <li>Energy saving credits<a href="#_ftn1" name="_ftnref1"><sup>1</sup></a></li><br /> </ul><br /> <div class="refs"><br /> <br /> <hr align="left" size="1" width="33%"><br /> <br /> <a href="#_ftnref1" name="_ftn1">[1]</a>.&nbsp;&nbsp;&nbsp;&nbsp; IRC &sect; 26(a)(2).<br /> <br /> </div></div><br />