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  #7  
Old 08-09-2005, 04:59 AM
David Woods
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

"Barry Margolin" <barmar[at]alum.mit.edu> wrote:
- quote -

> "Mike Lewis" <jmpj[at]cableone.net> wrote:
> > "Joe C" <no-more-spam[at]no-spam.com> wrote:


> > > My retired in-laws have limited income and have not
> > > had to file income taxes for many years. This year,
> > > they sold a second house they owned and they had
> > > capital gains on this sale. Since they owed NO income
> > > tax last year, can I safely tell them they do not have
> > > to pay estimated tax on their gain now? Can they
> > > wait until they file for 2005?


> > If they owe 2005 tax and do not make any estimated tax
> > payments, they will be charged a penalty for underpayment of
> > estimated tax (about 5-6% if tax paid on time). Lots of
> > people choose not to make the estimates knowing there is a
> > penalty involved, but "being safe" is something you'll have
> > to decide for yourself:-)


> Doesn't the "safe harbor" rule protect them from the
> penalty? If your withholding and estimated tax payments
> exceeds your previous year's tax liability, there's no
> penalty. Does this protection go away if your previous
> year's liability was zero?


If a return was not filed, yes.

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

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #6  
Old 08-07-2005, 03:57 AM
A.G. Kalman
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

Joe C wrote:

- quote -

> My retired in-laws have limited income and have not
> had to file income taxes for many years. This year,
> they sold a second house they owned and they had
> capital gains on this sale. Since they owed NO income
> tax last year, can I safely tell them they do not have
> to pay estimated tax on their gain now? Can they
> wait until they file for 2005?


Yes.

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #5  
Old 08-07-2005, 03:57 AM
Barry Margolin
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

"Mike Lewis" <jmpj[at]cableone.net> wrote:
- quote -

> "Joe C" <no-more-spam[at]no-spam.com> wrote:

> > My retired in-laws have limited income and have not
> > had to file income taxes for many years. This year,
> > they sold a second house they owned and they had
> > capital gains on this sale. Since they owed NO income
> > tax last year, can I safely tell them they do not have
> > to pay estimated tax on their gain now? Can they
> > wait until they file for 2005?


> If they owe 2005 tax and do not make any estimated tax
> payments, they will be charged a penalty for underpayment of
> estimated tax (about 5-6% if tax paid on time). Lots of
> people choose not to make the estimates knowing there is a
> penalty involved, but "being safe" is something you'll have
> to decide for yourself:-)


Doesn't the "safe harbor" rule protect them from the
penalty? If your withholding and estimated tax payments
exceeds your previous year's tax liability, there's no
penalty. Does this protection go away if your previous
year's liability was zero?

--
Barry Margolin, barmar[at]alum.mit.edu
Arlington, MA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #4  
Old 08-04-2005, 12:43 PM
Bob Sandler
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

- quote -

> > My retired in-laws have limited income and have not
> > had to file income taxes for many years. This year,
> > they sold a second house they owned and they had
> > capital gains on this sale. Since they owed NO income
> > tax last year, can I safely tell them they do not have
> > to pay estimated tax on their gain now? Can they
> > wait until they file for 2005?


> If they owe 2005 tax and do not make any estimated tax
> payments, they will be charged a penalty for underpayment of
> estimated tax (about 5-6% if tax paid on time).


I disagree (as do the other people who responded). They will
not be charged a penalty for 2005 because they had no tax
liability for 2004 and were not required to file for 2004.

From IRS Pub. 505 (Dec. 2004 edition):
"You do not owe a penalty if you had no tax liability last
year and you were a U.S. citizen or resident for the whole
year. For this rule to apply, your tax year must have
included all 12 months of the year.

"You had no tax liability for 2003 if your total tax was
zero or you did not need to file an income tax return."

Bob Sandler

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #3  
Old 08-04-2005, 12:24 PM
Herb Smith
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

Mike Lewis wrote:
- quote -

> "Joe C" <no-more-spam[at]no-spam.com> wrote:

> > My retired in-laws have limited income and have not
> > had to file income taxes for many years. This year,
> > they sold a second house they owned and they had
> > capital gains on this sale. Since they owed NO income
> > tax last year, can I safely tell them they do not have
> > to pay estimated tax on their gain now? Can they
> > wait until they file for 2005?


> If they owe 2005 tax and do not make any estimated tax
> payments, they will be charged a penalty for underpayment of
> estimated tax (about 5-6% if tax paid on time). Lots of
> people choose not to make the estimates knowing there is a
> penalty involved, but "being safe" is something you'll have
> to decide for yourself:-)


I disagree, Mike. As long as they had NO tax liability in
2004 they meet a "safe harbor" condition for not being
subject to underwithholding penalty. They can wait until
April to pay the 2005 tax due.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #2  
Old 08-02-2005, 02:53 PM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: Low income, capital gain and est. taxes.

Joe C wrote:

- quote -

> My retired in-laws have limited income and have not
> had to file income taxes for many years. This year,
> they sold a second house they owned and they had
> capital gains on this sale. Since they owed NO income
> tax last year, can I safely tell them they do not have
> to pay estimated tax on their gain now? Can they
> wait until they file for 2005?


Yes.

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #1  
Old 08-02-2005, 02:34 PM
Frank S. Duke, Jr.
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

Joe C at no-more-spam[at]no-spam.com wrote:

- quote -

> My retired in-laws ... sold a second house they owned and they had
> capital gains on this sale. Since they owed NO income
> tax last year, can I safely tell them they do not have
> to pay estimated tax on their gain now? Can they
> wait until they file for 2005?


Sure. Any chance they have some accumulated capital losses
from prior years losses in the market? Might be worth
filing those old returns to report the losses that can now
be offset by gains.

All freely provided advice guarantee correct or double your
money back

Frank S. Duke, Jr. CPA
Cincinnati, OH USA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 08-02-2005, 02:14 PM
Mike Lewis
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Posts: n/a
Default Re: Low income, capital gain and est. taxes.

"Joe C" <no-more-spam[at]no-spam.com> wrote:

- quote -

> My retired in-laws have limited income and have not
> had to file income taxes for many years. This year,
> they sold a second house they owned and they had
> capital gains on this sale. Since they owed NO income
> tax last year, can I safely tell them they do not have
> to pay estimated tax on their gain now? Can they
> wait until they file for 2005?


If they owe 2005 tax and do not make any estimated tax
payments, they will be charged a penalty for underpayment of
estimated tax (about 5-6% if tax paid on time). Lots of
people choose not to make the estimates knowing there is a
penalty involved, but "being safe" is something you'll have
to decide for yourself:-)

mike lewis, cpa

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 08-01-2005, 01:43 AM
Joe C
Guest
 
Posts: n/a
Default Low income, capital gain and est. taxes.

My retired in-laws have limited income and have not
had to file income taxes for many years. This year,
they sold a second house they owned and they had
capital gains on this sale. Since they owed NO income
tax last year, can I safely tell them they do not have
to pay estimated tax on their gain now? Can they
wait until they file for 2005?

Thanks,
Joe

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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