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  #23  
Old 07-31-2004, 04:54 AM
Arthur L. Rubin
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Default Re: Joshua's Question

Arthur Kamlet wrote:

- quote -

> > If it's taxable compensation rather than earned income, my
> > thought was that a parent with a Schedule C business can
> > give equipment to his child and then lease it back. That
> > could give the kid taxable compensation for this purpose.
> > Or could it?


> I'll not comment on the legality of doing this, but this
> seems to be Schedule E income which is not taxable
> compensation.


I thought schedule E was reserved for real estate rentals
and leases -- but I don't remember where equipment leasing
goes. Perhaps "miscellaneous income", with expenses going
into "miscellaneous adjustments to income"?

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  #22  
Old 07-29-2004, 11:01 AM
Harlan Lunsford
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Default Re: Joshua's Question

Stuart Bronstein wrote:
- quote -

> Arthur Kamlet wrote:

> > > Does income have to be earned to be able to be contributed
> > > to a Roth IRA?


> > It has to be "taxable compensation." This includes wages, tips,
> > bonuses, severance pay, net self-employment income, and alimony.
> > > See IRS Pub 590 for "taxable compenation."


> I checked the publication quickly but didn't see the
> definition for taxable compensation.
> If it's taxable compensation rather than earned income, my
> thought was that a parent with a Schedule C business can
> give equipment to his child and then lease it back. That
> could give the kid taxable compensation for this purpose.
> Or could it?


I feel a pun coming on!

Now Stu, that would be what IRS considers a sham transaction.

"Sham" on you! (grin

ChEAr$,
Harlan Lunsford

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  #21  
Old 07-29-2004, 10:23 AM
Arthur Kamlet
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Posts: n/a
Default Re: Joshua's Question

- quote -

> > > Does income have to be earned to be able to be contributed
> > > to a Roth IRA?


> > It has to be "taxable compensation." This includes wages, tips,
> > bonuses, severance pay, net self-employment income, and alimony.
> > > See IRS Pub 590 for "taxable compenation."


> I checked the publication quickly but didn't see the
> definition for taxable compensation.


Very odd.

There are 24 occurrences of taxable compensation in IRS Pub
590 including

Page 3

Traditional IRA contribution and deduction limit. Unless you
reached age 50 before 2004, the most that can be contributed
to your traditional IRA for 2003 is the smaller of the
following amounts:

$3,000, or
Your taxable compensation for the year.

==== ==== ====

And yet when it comes to a definition of taxable
compensation for 2003, they change it to plain vanilla
Compensation.

Yet all the compensation items on Page 8 are examples of
taxable compensation, so I have no idea why they do not
include Taxable on page 8.

- quote -

> If it's taxable compensation rather than earned income, my
> thought was that a parent with a Schedule C business can
> give equipment to his child and then lease it back. That
> could give the kid taxable compensation for this purpose.
> Or could it?


I'll not comment on the legality of doing this, but this
seems to be Schedule E income which is not taxable
compensation.

You could hire the kid as an employee provided he does he
work of an employee, and gets a fair wage, and avoid paying
SE tax for the under 18 yr old child, and give him taxable
compensation.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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  #20  
Old 07-26-2004, 06:45 AM
Arthur Kamlet
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Default Re: Joshua's Question

- quote -

> > > I've heard of people who declare SE income on their
> > > children's returns just to make a contribution to a Roth
> > > IRA.
> > > > > I've never looked into the value of paying taxes on phantom
> > > income just to put money into a Roth.


> > I do a fair amount of VITA work and see lots of undocumented
> > Sch C income, which generates EIC.
> > > The EIC is far more than the SE tax, and there's usually no

> > income tax here.


> As a paid preparer we are bound to make reasonable inquries
> in a case like this to determine a bona fide schedule c
> business.


Agree, and when such a client comes to me when I'm wearing
my paid preparer hat, I do make much more detailed
inquiries.

The general approach to VITA however, is to try to validate
Name/SSN and to transfer 1099 and W-2 info correctly. We are
not to probe too deeply.

I'm not sure how much VITA work you've been doing,
expecially in urban settings, but when a VITA client hands
you a few social security cards and all the names of the
parents and kids are very different, and they have to refer
to a handwritten sheet to get the birthdates of everyone,
well, that's suspicious, but when I ask this of our IRS
contacts they say we can only work with what we are given.

And VITA is handled via the IRS SPEC folks who are measured
on how many VITA clients we help, and do not answer
tax-related questions. kids,

- quote -

> However a volunteer who does it for free presumably is not
> under such compunction.
> Or is he?
> Or should he be?
> What would YOU do? (question for everybody.)


I think the majority of my VITA clients are honest
low-income taxpayers who need help preparing their taxes.
But I recognize there are those who might not be entirely up
front and I just work with what I have. Due diligence, to
my knowledge, is not part of the VITA student or instructors
manual.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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  #19  
Old 07-26-2004, 06:26 AM
Stuart Bronstein
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Posts: n/a
Default Re: Joshua's Question

Arthur Kamlet wrote:

- quote -

> > Does income have to be earned to be able to be contributed
> > to a Roth IRA?


> It has to be "taxable compensation." This includes wages, tips,
> bonuses, severance pay, net self-employment income, and alimony.
> See IRS Pub 590 for "taxable compenation."


I checked the publication quickly but didn't see the
definition for taxable compensation.

If it's taxable compensation rather than earned income, my
thought was that a parent with a Schedule C business can
give equipment to his child and then lease it back. That
could give the kid taxable compensation for this purpose.
Or could it?

Stu

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  #18  
Old 07-23-2004, 06:03 AM
A. G. Kalman
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Posts: n/a
Default Re: Joshua's Question

Harlan Lunsford wrote:
- quote -

> Arthur Kamlet wrote:
> > Gary Goodman <XgaryX[at]garyg7.com> wrote:


> > > I've heard of people who declare SE income on their
> > > children's returns just to make a contribution to a Roth
> > > IRA.
> > > > > I've never looked into the value of paying taxes on phantom
> > > income just to put money into a Roth.


> > I do a fair amount of VITA work and see lots of undocumented
> > Sch C income, which generates EIC.
> > > The EIC is far more than the SE tax, and there's usually no

> > income tax here.


> As a paid preparer we are bound to make reasonable inquries
> in a case like this to determine a bona fide schedule c
> business.
> However a volunteer who does it for free presumably is not
> under such compunction.
> Or is he?
> Or should he be?
> What would YOU do? (question for everybody.)


I volunteer my time and have turned away individuals who I
believed were reporting phantom SE income to obtain the
EITC. I usually discover this when I ask questions about
ordinary and necessary business expenses and costs of goods
sold.

--
Alan
http://taxtopics.net

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  #17  
Old 07-21-2004, 05:58 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: Joshua's Question

"Stuart
Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

> Gary Goodman wrote:

> > I've heard of people who declare SE income on their
> > children's returns just to make a contribution to a Roth
> > IRA.


> Does income have to be earned to be able to be contributed
> to a Roth IRA?


Yes. Unearned income is not considered for ANY IRA contribution.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #16  
Old 07-21-2004, 05:39 AM
Arthur Kamlet
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Default Re: Joshua's Question

wrote:

- quote -

> Gary Goodman wrote:

> > I've heard of people who declare SE income on their
> > children's returns just to make a contribution to a Roth
> > IRA.


> Does income have to be earned to be able to be contributed
> to a Roth IRA?


It has to be "taxable compensation." This includes wages, tips,
bonuses, severance pay, net self-employment income, and alimony.

See IRS Pub 590 for "taxable compenation."

--

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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  #15  
Old 07-21-2004, 04:41 AM
MTW
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Posts: n/a
Default Re: Joshua's Question

Gary Goodman wrote:

- quote -

> I've heard of people who declare SE income on their
> children's returns just to make a contribution to a Roth
> IRA.


That income would also earn Social Security credit. But, if
the income is fabricated or falsely stated, these people
could end up in big trouble under Social Security rules.

MTW

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  #14  
Old 07-21-2004, 04:22 AM
Herb Smith
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Posts: n/a
Default Re: Joshua's Question

Stuart Bronstein <spamtrap[at]lexregia.com> wrote:
- quote -

> Gary Goodman wrote:

> > I've heard of people who declare SE income on their
> > children's returns just to make a contribution to a Roth
> > IRA.


> Does income have to be earned to be able to be contributed
> to a Roth IRA?


Basically, yes, with notable exceptions for alimony, self
employment income and commissions anything shown in Box 1 of
your W-2 is "taxable compensation" for IRA contributions.

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  #13  
Old 07-21-2004, 03:06 AM
Harlan Lunsford
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Posts: n/a
Default Re: Joshua's Question

Arthur Kamlet wrote:
- quote -

> Gary Goodman <XgaryX[at]garyg7.com> wrote:

> > I've heard of people who declare SE income on their
> > children's returns just to make a contribution to a Roth
> > IRA.
> > > I've never looked into the value of paying taxes on phantom

> > income just to put money into a Roth.


> I do a fair amount of VITA work and see lots of undocumented
> Sch C income, which generates EIC.
> The EIC is far more than the SE tax, and there's usually no
> income tax here.


As a paid preparer we are bound to make reasonable inquries
in a case like this to determine a bona fide schedule c
business.

However a volunteer who does it for free presumably is not
under such compunction.

Or is he?

Or should he be?

What would YOU do? (question for everybody.)

ChEAr$,
Harlan Lunsford, EA n LA

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  #12  
Old 07-21-2004, 03:06 AM
Harlan Lunsford
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Posts: n/a
Default Re: Joshua's Question

Stuart Bronstein wrote:
- quote -

> Gary Goodman wrote:

> > I've heard of people who declare SE income on their
> > children's returns just to make a contribution to a Roth
> > IRA.


> Does income have to be earned to be able to be contributed
> to a Roth IRA?


The actual $$$ used to make the ROTH IRA contribution need
not BE earned, but the contributor must HAVE earned income
of necessary amounts to be able to make it.

A grandparents wants grandchild to start a ROTH, but all the
kid earned during the summer went for his own "necessities"
(you can fill in your own blanks here; car, girl, etc). So
before April 15th next year grandparent determines amount
kid earned (say 1600$) and gives the kids same amount,
making sure that kid opens the IRA.

ChEAr$,
Harlan Lunsford, EA n LA

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  #11  
Old 07-21-2004, 02:47 AM
John H. Fisher
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Posts: n/a
Default Re: Joshua's Question

- quote -

> Gary Goodman wrote:

> > I've heard of people who declare SE income on their
> > children's returns just to make a contribution to a Roth
> > IRA.


> Does income have to be earned to be able to be contributed
> to a Roth IRA?


Earned from EMPLOYMENT - YES!!!

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=

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  #10  
Old 07-13-2004, 11:26 PM
Arthur Kamlet
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Posts: n/a
Default Re: Joshua's Question

Gary Goodman <XgaryX[at]garyg7.com> wrote:
- quote -

> I've heard of people who declare SE income on their
> children's returns just to make a contribution to a Roth
> IRA.
> I've never looked into the value of paying taxes on phantom
> income just to put money into a Roth.


I do a fair amount of VITA work and see lots of undocumented
Sch C income, which generates EIC.

The EIC is far more than the SE tax, and there's usually no
income tax here.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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  #9  
Old 07-13-2004, 10:48 PM
Stuart Bronstein
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Posts: n/a
Default Re: Joshua's Question

Gary Goodman wrote:

- quote -

> I've heard of people who declare SE income on their
> children's returns just to make a contribution to a Roth
> IRA.


Does income have to be earned to be able to be contributed
to a Roth IRA?

Stu

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  #8  
Old 07-09-2004, 05:01 PM
Frederick Jorden
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Default Re: Joshua's Question

William Brenner wrote:

- quote -

> I don't know the answer to your query. But if it is in the
> affirmative, I would hesitate to report money for scoring
> soccer goals as (earned) income.
> Is he playing or hoping to play on a high school or college
> team? You never know when some "purity" bureaucrat might
> declare this a negation of his amateur status. Stranger
> things have happened.
> ================================================== ==========
> Moderator:
> Performance payments from parents do not affect amateur
> status. I call an Athletic Director to confirm this.
> He also said he would tolerate a parent doing it beacuse
> it creates hot dogging.
> ================================================== ==========


But if the payments to a child are wages from a parent's
controlled corporation there could be a NCAA problem. Had a
client who employed football Players over the summer on
construction projects as laborers.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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  #7  
Old 07-09-2004, 04:41 PM
LoTax
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Default Re: Joshua's Question

Dick Adams <rdadams[at]smart.net> wrote:

"Compensation income" for funding an IRA:

...from pet-sitting; yes.

...getting good grades; no.

...scoring soccer goals; no.

On that last one, I'll have to add a caveat, something like "on the
reasonable - I hope - assumption that his soccer playing is as an
amateur."

As for the thresholds for filing and owing taxes, I'll let the
detail-oriented guys handle the answer...

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  #6  
Old 07-09-2004, 04:41 PM
Gary Goodman
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Default Re: Joshua's Question

rdadams[at]smart.net says...

- quote -

> Joshua earns money from pet-sitting, getting good grades,
> and scoring soccer goals. Is that money ordinary income
> for the purpose of putting into a Roth IRA? And how much
> does he have to make before he owes income taxes and SE
> taxes.
> He just left for Florida for ten days. I'd like to know
> before he comes home.


I've heard of people who declare SE income on their
children's returns just to make a contribution to a Roth
IRA.

I've never looked into the value of paying taxes on phantom
income just to put money into a Roth.

Gary

--
You can probably X figure out X which letters to X delete to derive my
email address X.

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  #5  
Old 07-05-2004, 10:20 PM
David Woods
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Posts: n/a
Default Re: Joshua's Question

"Dick Adams" <rdadams[at]smart.net> wrote:

- quote -

> Joshua earns money from pet-sitting, getting good grades,
> and scoring soccer goals. Is that money ordinary income
> for the purpose of putting into a Roth IRA? And how much
> does he have to make before he owes income taxes and SE
> taxes.
> He just left for Florida for ten days. I'd like to know
> before he comes home.


In order of your questions:

1) Yes, no, no (is Joshua related to Freddie Adu?)
2) Close to $5000? (standard deduction) assuming no other income
3) I believe the SE threshold is $433

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  #4  
Old 07-05-2004, 10:20 PM
Harlan Lunsford
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Posts: n/a
Default Re: Joshua's Question

Dick Adams wrote:

- quote -

> Joshua earns money from pet-sitting, getting good grades,
> and scoring soccer goals. Is that money ordinary income
> for the purpose of putting into a Roth IRA? And how much
> does he have to make before he owes income taxes and SE
> taxes.
> He just left for Florida for ten days. I'd like to know
> before he comes home.


Is Joshua your son? If so, make him a household employee
(see instructions for schedule H with your 1040) And if
under 18, no social security tax due.

But yes, ordinary income for ROTH IRA purposes. Best thing
since canned dog food.

Cheer$,
Harlan Lunsford, EA n LA

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