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If you're looking for a clear visual of the tax law hierarchy, I found this mnemonic helpful when I was studying for the CPA exam: Constitution Statutes (IRC) Treasury Regulations Revenue Rulings/Procedures Court Cases (SupremeβCircuitβDistrict/Tax) IRS Pronouncements/Publications Private Letter Rulings/TAMs The "C-ST-RCP" (Constitution, Statutes, Treasury Regs, Revenue Rulings, Court Cases, Pronouncements, PLRs) helps remember the general order!
This is super helpful! Does this ordering change at all depending on whether you're dealing with federal vs. state tax issues? I'm trying to figure out where state tax court decisions fit in this hierarchy.
Great question! For state tax issues, you'd have a parallel hierarchy, starting with the State Constitution, then State Statutes, State Regulations, State Revenue Rulings, etc. For conflicts between federal and state tax law, federal law generally prevails due to the Supremacy Clause of the U.S. Constitution, but states have significant autonomy in creating their own tax systems. State tax court decisions would only be authoritative for that state's tax laws and wouldn't impact federal tax law interpretation.
Quick question - where do IRS Notices and Announcements fall in this hierarchy? My tax preparer cited IRS Notice 2020-75 for a position, but I'm not sure how authoritative that is compared to, say, a Revenue Procedure.
IRS Notices and Announcements generally fall below Revenue Procedures in the hierarchy. They're considered "official pronouncements of tax policy" but don't have the same weight as Revenue Rulings or Revenue Procedures. That said, Notice 2020-75 specifically is pretty influential regarding state and local tax (SALT) workarounds since it announced the Treasury's intent to issue regulations on a particular matter. If your tax preparer is citing it, it's probably relevant to your situation, but just know that if it ever directly conflicted with a statute or regulation, those higher sources would prevail.
Just wanted to add that I was in a similar situation last year (W-2 plus some 1099 work and stock options). While TurboTax Premier can definitely handle it, another good option is FreeTaxUSA. It's WAY cheaper than TurboTax and handled my situation perfectly. The only downside is that it doesn't import forms directly from Fidelity like TurboTax does, so you need to enter that information manually. But it asks all the right questions and guides you through the process well. I saved like $80 compared to what TurboTax wanted to charge me.
Does FreeTaxUSA handle state taxes too? And how much harder is it to manually enter all the stock stuff? I have like 6 different RSU vesting events plus some sales.
Yes, FreeTaxUSA does handle state taxes, but there's a small fee for state filing (around $15 last I checked) while federal filing is free for almost any tax situation. Manually entering the stock information isn't terribly difficult, just more time-consuming. For 6 RSU vesting events plus sales, I'd estimate it might take you an extra 30-45 minutes compared to an automatic import. The interface walks you through each entry systematically. The main thing is to have all your Fidelity statements organized before you start. I personally think the money saved is worth the extra time, especially if you're comfortable with basic investment terminology.
For RSUs specifically, make sure you understand that they're typically taxed TWICE: 1. When they VEST (this is included in your W-2 as ordinary income) 2. When you SELL the shares (capital gains/losses on any change in value since vesting) The most common mistake people make is not realizing that the vesting value is already on their W-2, then reporting the full sale amount as capital gains. This results in paying tax twice on the same income!
This explains so much! I got double-taxed last year and couldn't figure out why. How do you ensure TurboTax calculates this correctly? Is there a specific form or section where I need to verify this?
The key is to make sure your cost basis is correctly set when you enter the stock sale information in TurboTax. When you sell RSU shares, your cost basis should be the market value of the shares on the vesting date (the amount that was already included in your W-2 income). TurboTax Premier should handle this correctly if you import directly from Fidelity, but always double-check! Look for the section where it shows your capital gains/losses from stock sales. The "cost basis" column should match the value of your shares on the vesting date, not zero. If the cost basis is wrong, you can manually adjust it. This ensures you're only paying capital gains tax on the change in value since vesting, not on the entire sale amount.
Former tax preparer here - this is one of the most common misconceptions about taxes! There are three different categories you need to understand: 1. Standard deduction vs. itemized deductions (you choose one or the other) 2. Adjustments to income (you get these regardless of standard/itemized) 3. Tax credits (you get these regardless of standard/itemized) Student loan interest is an adjustment to income (up to $2,500), not an itemized deduction. Same with qualified educator expenses, HSA contributions, self-employed health insurance, etc. Some examples of tax credits that everyone can take regardless of standard/itemized: Earned Income Credit, Child Tax Credit, American Opportunity Credit, Lifetime Learning Credit, and Retirement Savings Contribution Credit. So yes, fill out ALL that information in TurboTax! The software will sort out what applies to you.
Thank you so much for breaking it down like that! I honestly had no idea there was a difference between adjustments to income and itemized deductions. This makes so much more sense now. One more question - what about charitable donations? Do those only count if I itemize or are they like student loan interest?
Charitable donations typically only provide tax benefits if you itemize your deductions. They're part of the Schedule A itemized deductions along with things like mortgage interest, medical expenses, and state/local taxes. There was a temporary exception during COVID where people could deduct some charitable donations even if taking the standard deduction, but that provision has expired for the current tax year. So unless Congress revives that provision, your charitable giving only affects your taxes if the total of all your potential itemized deductions exceeds the standard deduction amount.
Just a note on TurboTax - you can actually skip a bunch of those questions and still be fine if you know what you're doing. But the risk is missing out on money you're entitled to. They ask all those questions to be thorough. I recommend at least entering: - Any 1098-E for student loan interest - Any educator expenses if you're a teacher - Any retirement contributions (IRA, 401k) - Health insurance info - Any education expenses (1098-T) - Childcare expenses if you have kids These can all potentially save you money EVEN IF you take the standard deduction. But stuff like medical expenses, donations, mortgage interest etc. only matter if you're itemizing.
Which tax software do you think is best for handling all these adjustments to income stuff? I've been using the free version of TurboTax but wonder if I should upgrade or try something else.
My refund was delayed by 6 weeks last year because I claimed the Earned Income Credit. IRS automatically flags returns with certain credits for extra review. If you claimed EITC, Child Tax Credit, or American Opportunity Credit, that might be why you're waiting.
Does claiming the Recovery Rebate Credit also trigger a review? I claimed that for a missing stimulus payment.
Recovery Rebate Credit can definitely trigger additional review, especially if the amount you're claiming doesn't match IRS records. The IRS is extra careful with these credits because there were a lot of issues with improper claims (both accidental and fraudulent) during the pandemic years. The good news is that even with the delay, you should eventually get the refund if you're legitimately entitled to it. But it might take 6-8 weeks instead of the usual 21 days.
Guys, check if you have the PATH Act notice on your transcript. If you claimed EITC or ACTC, the IRS legally can't issue your refund before mid-February even if you filed in January. It's a law to prevent fraud.
Paolo Rizzo
Has anyone used QuickBooks for tracking COGS? I'm wondering if it automatically generates the numbers for Form 1125-A or if I need to calculate separately?
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QuantumQuest
β’I use QB for my pottery business. It can track COGS but you have to set it up correctly first! Make sure you classify your items properly as inventory items rather than non-inventory, and enable the inventory tracking feature. Then when you purchase materials, you'd post to inventory asset accounts, not expense accounts. When you sell, QB will automatically calculate COGS.
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Amina Sy
Just to add to what others have said - its important to understand that Form 1125-A should only include direct costs. Indirect costs like marketing, general shop utilities, office supplies etc usually go on Schedule C instead. The IRS looks closely at COGS so don't try to dump everything there!
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