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  #13  
Old 09-19-2006, 08:51 AM
A.G. Kalman
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Mark Bole wrote:
- quote -

> Rich Carreiro wrote:

> > What timezone controls re: end of year stuff? The one where
> > you physically are when something happens, or the one where
> > your legal residence is.


> I'm not surprised by this question at all, as I have thought
> about it myself on more than one occasion.
> For comparison, the computing world (with the exception of a
> certain well-known vendor in Redmond, WA) solved this
> problem long ago by standardizing on UTC (coordinated
> universal time), which has no daylight savings provisions
> and is exactly the same at all locations around the globe at
> all times.
> Other than electronic filing deadline compliance (as already
> noted), the only other place this seems to show up is with
> states that have sales tax holidays that end at midnight.
> There is no single consistent practice regarding sellers and
> purchasers in different time zones.
> What is the practical application of this question? In the
> end, doesn't it come down to record-keeping requirements?
> Bank, brokerage, Paypal, and escrow closing statements are
> normally only going to include a date, not a time, so
> wouldn't you just go with that? After all, you might have
> forgotten to adjust your wristwatch for standard time, so
> that on December 31st you still thought it was PDT. ;-)
> Apropos New Year's baby: the first baby born in California
> in 2006 (35 seconds past midnight) received a $1,000 savings
> bond as a marketing promotion. After paying the child's
> taxes on $150 of taxable income, the family will probably
> just about break even compared to claiming a federal
> dependent exemption deduction and California dependent
> exemption credit for the child in 2005. No such luck for
> the second baby...
> Tangentially, everyone knows that the Energy Policy Act tax
> law of 2005 extends daylight savings time by four weeks
> starting next year, right?


To be exact: DST will start on the second Sunday in March
instead of the first Sunday in April. DST will end on the
first Sunday in November instead of the last Sunday in
October. There was no change to that part of the Uniform Tax
Act allowing each state to pass a law exempting themselves
from DST.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #12  
Old 09-19-2006, 08:51 AM
Seth Breidbart
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Arthur Kamlet <ArtKamlet[at]aol.REMOVE.com> wrote:

- quote -

> And doesn't anyone remember our official Congresscritters
> trying hard to pass a budget extension bill but getting
> close to midnight, pass a resolution of Congress to freeze
> the clock for the next hour?


And how is anyone to know when that hour ends, if the clock
is frozen?

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #11  
Old 09-19-2006, 08:32 AM
Harlan Lunsford
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Arthur Kamlet wrote:
- quote -

> Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote:

> > But now, say one of my clients living in Alabama and just
> > beyond that 12 miles (which btw is nowhere designated as
> > "official") comes into Columbus to the hospital to have her
> > baby December 31st, and it is born at 11:30 pm! Exemption
> > for this year or next?


> Use the date on the birth certificate.


I'm sure that's what IRS would expect upon audit, but since
domicile of taxpayer is in CST, I would be sorely tempted to
say child was born in the earlier tax year. Might just be
willing to argue the point. Or take the chance.

ChEAr$,
Harlan

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #10  
Old 09-17-2006, 10:19 AM
Arthur Kamlet
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote:

- quote -

> But now, say one of my clients living in Alabama and just
> beyond that 12 miles (which btw is nowhere designated as
> "official") comes into Columbus to the hospital to have her
> baby December 31st, and it is born at 11:30 pm! Exemption
> for this year or next?


Use the date on the birth certificate.

Anyone remember the MASH episode where a patient dies on the
operating table in Korea a few minutes before midnight,
Christmas Day? And Hawkeye moves the clock in the room a
few minutes to the next day so the death certificate will
not read December 25?

And doesn't anyone remember our official Congresscritters
trying hard to pass a budget extension bill but getting
close to midnight, pass a resolution of Congress to freeze
the clock for the next hour?

And you know what? It would appear that in spite of laws of
celestial mechanics, the legal clock did not change over to
the next day? (There's precedent for that in the Book of
Joshua, I recall :^)

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

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #9  
Old 09-17-2006, 10:00 AM
Bob Sandler
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Posts: n/a
Default Re: What timezone controls at the end of the year?

"Herb Smith" <smithff33[at]aol.com> wrote:
- quote -

> Rich Carreiro wrote:

> > What timezone controls re: end of year stuff? The one where
> > you physically are when something happens, or the one where
> > your legal residence is.


> Where your "tax home" is located.


> > Or forget about e-payments. You're vacationing in Seattle
> > and a customer there hands you a check at 22:00 PDT. Is
> > that 2006 income (because it was still 2006 where you
> > physically were) or 2007 income (because 2007 has started
> > back home)?


> Since you physically received ("constructive receipt") the
> check at 2200 PST on December 31, I would conclude that this
> was 2006 income.


Doesn't that contradict your first answer? His tax home is in
Massachusetts, where it was already 2007 when he received the
check. He was only on vacation in the Pacific time zone.

Bob Sandler

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #8  
Old 09-17-2006, 10:00 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: What timezone controls at the end of the year?

Rich Carreiro wrote:

- quote -

> What timezone controls re: end of year stuff? The one where
> you physically are when something happens, or the one where
> your legal residence is.


I'm not surprised by this question at all, as I have thought
about it myself on more than one occasion.

For comparison, the computing world (with the exception of a
certain well-known vendor in Redmond, WA) solved this
problem long ago by standardizing on UTC (coordinated
universal time), which has no daylight savings provisions
and is exactly the same at all locations around the globe at
all times.

Other than electronic filing deadline compliance (as already
noted), the only other place this seems to show up is with
states that have sales tax holidays that end at midnight.
There is no single consistent practice regarding sellers and
purchasers in different time zones.

What is the practical application of this question? In the
end, doesn't it come down to record-keeping requirements?
Bank, brokerage, Paypal, and escrow closing statements are
normally only going to include a date, not a time, so
wouldn't you just go with that? After all, you might have
forgotten to adjust your wristwatch for standard time, so
that on December 31st you still thought it was PDT. ;-)

Apropos New Year's baby: the first baby born in California
in 2006 (35 seconds past midnight) received a $1,000 savings
bond as a marketing promotion. After paying the child's
taxes on $150 of taxable income, the family will probably
just about break even compared to claiming a federal
dependent exemption deduction and California dependent
exemption credit for the child in 2005. No such luck for
the second baby...

Tangentially, everyone knows that the Energy Policy Act tax
law of 2005 extends daylight savings time by four weeks
starting next year, right?

-Mark Bole

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #7  
Old 09-16-2006, 03:01 AM
PaulTry
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Herb Smith wrote:
- quote -

> Rich Carreiro wrote:

> > What timezone controls re: end of year stuff? The one where
> > you physically are when something happens, or the one where
> > your legal residence is.


> Where your "tax home" is located.


But that "tax home" theory goes out the window in Harlan's
hypothetical example:

"But now, say one of my clients living in Alabama and just
beyond that 12 miles (which btw is nowhere designated as
"official") comes into Columbus to the hospital to have her
baby December 31st, and it is born at 11:30 pm! Exemption
for this year or next?"

Never mind that it is 11:30 PM Central Time on December 31
where the taxpayers live - that birth certificate issued in
the Eastern Time Zone is going to say January 1!

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #6  
Old 09-16-2006, 03:00 AM
Business
Guest
 
Posts: n/a
Default Re: What timezone controls at the end of the year?

Herb Smith wrote:
- quote -

> Rich Carreiro wrote:

> > What timezone controls re: end of year stuff? The one where
> > you physically are when something happens, or the one where
> > your legal residence is.


> Where your "tax home" is located.


> > For example, you're a legal resident of MA. A customer in
> > the PDT zone paypals you at 22:00 PDT on 31 December. At
> > that moment you're physically in MA. 2007 income for you?
> > What if you were vacationing in Hawai'i when the payment was
> > made? Still 2007 income?


> I assume this is a typo, as there is no PDT time zone in
> December. Daylight Savings Time ends in October! 2007
> income, since it is 0100 on Jan 1 in MA.


> > Or forget about e-payments. You're vacationing in Seattle
> > and a customer there hands you a check at 22:00 PDT. Is
> > that 2006 income (because it was still 2006 where you
> > physically were) or 2007 income (because 2007 has started
> > back home)?


> Since you physically received ("constructive receipt") the
> check at 2200 PST on December 31, I would conclude that this
> was 2006 income.


Use of the "tax home" time zone would make the most sense;
do you happen to have any authority for that proposition? I
did a little quickie research and didn't find anything other
than the electronic filing regs, which are consistent in a
general way with using "tax home."

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #5  
Old 09-16-2006, 03:00 AM
Business
Guest
 
Posts: n/a
Default Re: What timezone controls at the end of the year?

Seth Breidbart wrote:
<snip> Make it cash, because the check isn't negotiable fast
- quote -

> enough.

Trouble is, physical receipt of the check is, generally,
sufficient to constitute constructive receipt - no
negotiation required (unless the drawer is in a sufficiently
precarious financial position that there is substantial
doubt that the check will clear, in which case you might
have a chance at winning on the constructive receipt issue).

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #4  
Old 09-15-2006, 07:25 PM
William Brenner
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Rich Carreiro wrote:

- quote -

> What timezone controls re: end of year stuff? The one where
> you physically are when something happens, or the one where
> your legal residence is.
> For example, you're a legal resident of MA. A customer in
> the PDT zone paypals you at 22:00 PDT on 31 December. At
> that moment you're physically in MA. 2007 income for you?
> What if you were vacationing in Hawai'i when the payment was
> made? Still 2007 income?
> Or forget about e-payments. You're vacationing in Seattle
> and a customer there hands you a check at 22:00 PDT. Is
> that 2006 income (because it was still 2006 where you
> physically were) or 2007 income (because 2007 has started
> back home)?


I do not know the answer to your questions. However, I do
know that there will not be a PDT time on 31 December.

Bill

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #3  
Old 09-15-2006, 07:24 PM
LoTax
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Posts: n/a
Default Re: What timezone controls at the end of the year?

Rich Carreiro wrote:

- quote -

> What timezone controls re: end of year stuff? The one where
> you physically are when something happens, or the one where
> your legal residence is.
> For example, you're a legal resident of MA. A customer in
> the PDT zone paypals you at 22:00 PDT on 31 December. At
> that moment you're physically in MA. 2007 income for you?
> What if you were vacationing in Hawai'i when the payment was
> made? Still 2007 income?
> Or forget about e-payments. You're vacationing in Seattle
> and a customer there hands you a check at 22:00 PDT. Is
> that 2006 income (because it was still 2006 where you
> physically were) or 2007 income (because 2007 has started
> back home)?

I just LOVE questions like this!! I love them so much that
I'm not going to answer it so I can see what other people
think about it...!!!

An idea I had long time ago was to have a real estate
settlement office that straddled a time zone boundary. The
seller could sit on the "tomorrow" side of the table and the
buyer could sit on the "yesterday" side and their
transactions - uh, arguably? - could be in to different tax
years...!!!

An idea whose time has come, no?

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #2  
Old 09-15-2006, 07:05 PM
Herb Smith
Guest
 
Posts: n/a
Default Re: What timezone controls at the end of the year?

Rich Carreiro wrote:

- quote -

> What timezone controls re: end of year stuff? The one where
> you physically are when something happens, or the one where
> your legal residence is.


Where your "tax home" is located.

- quote -

> For example, you're a legal resident of MA. A customer in
> the PDT zone paypals you at 22:00 PDT on 31 December. At
> that moment you're physically in MA. 2007 income for you?
> What if you were vacationing in Hawai'i when the payment was
> made? Still 2007 income?


I assume this is a typo, as there is no PDT time zone in
December. Daylight Savings Time ends in October! 2007
income, since it is 0100 on Jan 1 in MA.

- quote -

> Or forget about e-payments. You're vacationing in Seattle
> and a customer there hands you a check at 22:00 PDT. Is
> that 2006 income (because it was still 2006 where you
> physically were) or 2007 income (because 2007 has started
> back home)?


Since you physically received ("constructive receipt") the
check at 2200 PST on December 31, I would conclude that this
was 2006 income.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 09-15-2006, 07:05 PM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: What timezone controls at the end of the year?

Rich Carreiro <rlcarr[at]animato.arlington.ma.us> wrote:

- quote -

> What timezone controls re: end of year stuff? The one where
> you physically are when something happens, or the one where
> your legal residence is.
> For example, you're a legal resident of MA. A customer in
> the PDT zone paypals you at 22:00 PDT on 31 December. At
> that moment you're physically in MA. 2007 income for you?
> What if you were vacationing in Hawaii when the payment was
> made? Still 2007 income?
> Or forget about e-payments. You're vacationing in Seattle
> and a customer there hands you a check at 22:00 PDT. Is
> that 2006 income (because it was still 2006 where you
> physically were) or 2007 income (because 2007 has started
> back home)?


Make it cash, because the check isn't negotiable fast
enough.

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 09-15-2006, 07:04 PM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: What timezone controls at the end of the year?

Rich Carreiro wrote:

- quote -

> What timezone controls re: end of year stuff? The one where
> you physically are when something happens, or the one where
> your legal residence is.
> For example, you're a legal resident of MA. A customer in
> the PDT zone paypals you at 22:00 PDT on 31 December. At
> that moment you're physically in MA. 2007 income for you?
> What if you were vacationing in Hawai'i when the payment was
> made? Still 2007 income?
> Or forget about e-payments. You're vacationing in Seattle
> and a customer there hands you a check at 22:00 PDT. Is
> that 2006 income (because it was still 2006 where you
> physically were) or 2007 income (because 2007 has started
> back home)?


I'm constantly amazed at such novel questions here,
questions I nor anyone else had probably never thought of.
The above examples assume, I assume, that the recipient is
on cash basis of accounting.

Okay then, one of the principles of (good) accounting is
consistency, and since IN GENERAL tax accounting follows
financial accounting, I will if ever confronted with this
situation, use my local time, which btw is eastern standard
time, even though I officially live just over the border in
Alabama. A small area about... oh... 12 miles in an arc
around Columbus, GA goes "on Georgia time." (I go to work
on Alabama time and come home on Georgia time, as I
sometimes tell a client.)

But now, say one of my clients living in Alabama and just
beyond that 12 miles (which btw is nowhere designated as
"official") comes into Columbus to the hospital to have her
baby December 31st, and it is born at 11:30 pm! Exemption
for this year or next?

Darn! just when you think you had everything figured
out..... along comes something like this.

ChEar$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 09-15-2006, 02:18 AM
Rich Carreiro
Guest
 
Posts: n/a
Default What timezone controls at the end of the year?

What timezone controls re: end of year stuff? The one where
you physically are when something happens, or the one where
your legal residence is.

For example, you're a legal resident of MA. A customer in
the PDT zone paypals you at 22:00 PDT on 31 December. At
that moment you're physically in MA. 2007 income for you?
What if you were vacationing in Hawai'i when the payment was
made? Still 2007 income?

Or forget about e-payments. You're vacationing in Seattle
and a customer there hands you a check at 22:00 PDT. Is
that 2006 income (because it was still 2006 where you
physically were) or 2007 income (because 2007 has started
back home)?

--
Rich Carreiro rlcarr[at]animato.arlington.ma.us

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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