Documentation Required for ALL Charitable Donation Deductions

Regardless of whether you itemize charitable donation deductions on Schedule A, claim an above the line allowable deduction for qualifying donations of $300 (Single) or $600 (married filing jointly) or deduct donations made through your IRA, ALL deductions for charitable donations are required to be supported by receipts or other substantiating documentation.

There is no IRS “allowable amount”, and any deductions taken on your tax return that cannot be substantiated with a receipt or other documentation will not only be disallowed on audit, the disallowed amount may be subject to a variety of penalties (including substantial accuracy penalties both taxpayer and tax preparer penalties for intentional understatement of income.

This is now a very hot item on the IRS agenda and with all the money given away or spent by Washington these past two years, I wouldn’t be surprised to learn that the IRS computer will now automatically mail charitable contribution documentation requests to everyone who claims a charitable contribution deduction.

 

Tax Savings Strategies for Seniors: Contributions to Charity using…

People 70 ½ and older can transfer up to $100,000 yearly from Individual Retirement (savings) Accounts (“IRA) directly to charity. These payments are known as Qualified Charitable Distributions- (QCDs). The advantages to making a QCD include the following:

• If you are subject to Required Minimum Distribution (RMD) rules, the QCD counts toward your RMD
• With the increase in the standard deduction, far less people itemize deductions making their charitable donations are not deductible. Paying your charitable contributions directly from your IRA allows you to claw back that deduction and the amount donated will lower your taxable income by the amount of your QCD.
  • Thus, even if you don’t itemize your deductions (and take the standard), QCDs can lessen your tax burden.
    • This is because after including the full amount of IRA distribution reported on your Form 1099 from the plan fiduciary, the amount that qualifies as RCDs is subtracted in determining the taxable amount, thus lowering your gross income and thus adjusted gross income (AGI)
• Lower AGI may mean, for some, a lessening of the income tax paid on Social Security benefits
• As Medicare premiums are based on AGI, QCDs are not subject to the Medicare premium surcharge. Thus, for some a lower AGI could result in a reduction of monthly Medicare premiums withheld from the total SS benefits.

Retirement Plans

Pay attention to the required minimum distribution rules for traditional IRAs.

• Individuals 72 and older must take annual withdrawals or pay a 50% penalty. To arrive at the 2021 RMD amount, start with your IRA balances as of Dec. 31, 2020, and use the tables in IRS Pub. 590-B. The amounts can be taken from any IRA you pick.
• The same rules apply to 401(k)s and similar workplace retirement plans…with two exceptions: First, people who work past 72 can delay RMDs from their current employer’s 401(k) until they retire, provided they own no more than 5% of the firm that employs them. Second, for people with multiple 401(k)s, 403(b)s and the like, the required minimum distribution must be taken from each account.
• If 2021 is your first RMD year, you have until April 1, 2022, to take the RMD. The distribution will still be based on your total IRA balance as of Dec. 31, 2020. If you opt to defer your first RMD to 2022, you will be taxed in 2022 on two payouts: The one for 2021 that you deferred and the RMD for 2022. This doubling up would hike your 2022 income and could push you into a higher income tax bracket.

Many key dollar limits on retirement plans will be higher in 2022

• The maximum 401(k) contribution rises to $20,500. People born before 1973 can contribute an extra $6,500. These limits also apply to 403(b) and 457 plans. The cap on SIMPLEs ticks up to $14,000. People 50 and up can put in $3,000 more.
• Retirement plan contributions can be based on up to $305,000 of salary.
• The paying limitation for defined-contribution plans increases to $61,000.
• Anyone making over $135,000 is highly paid for plan discrimination tests.
• The 2022 paying cap for traditional IRAs and Roth IRAs remains $6,000, plus $1,000 as an additional catch-up contribution for individuals age 50 and older.
• But the income ceilings on Roth IRA pay-ins go up. Contributions phase out at AGIs of $204,000 to $214,000 for couples and $129,000 to $144,000 for singles
• Also, deduction phaseouts for traditional IRAs start at higher levels, from AGIs of $109,000 to $129,000 for couples and $68,000 to $78,000 for single filers. If only one spouse is covered by a plan, the phaseout for deducting a contribution for the uncovered spouse starts at $204,000 of AGI and ends at $214,000.
• More low-income retirement savers will qualify for the savers’ credit in 2022. The break is for certain individuals who stash money in an IRA 401(k), 403(b), SEP or similar retirement plan. The maximum saver’s credit of $2,000 for joint filers and $1,000 for others is capped at 50%, 20% or 10% of contributions, depending on AGI. For 2022, it fully phases out at AGIs over $34,000 for single filers, $51,000 for heads of household and $68,000 for married couples filing jointly.
• Retirees rehired by their former employers won’t disqualify a pension plan, the Service reminds employers. A rehire because of unforeseen circumstances, such as the coronavirus pandemic, won’t jeopardize the bona fide retirement status of the individual’s former retirement. So, for example, public school districts seeking to address urgent hiring needs can rehire former teachers and other staff who have retired and have begun receiving pension benefits. Also, if the plan permits, those employers may continue receiving the benefits even after they are rehired.
• There’s also this pension rule to help keep older workers on the job: Employees who are at least age 59 or the plan’s normal retirement age can continue to work for the employer and receive in-service pension benefits.

Red Flags that Could Trigger an IRS Audit

We now know that the IRS audit rate dropped to 0.4% of all individual tax returns. That works out to approximately one return out of every 250 filed — and most were low-level correspondence audits. The IRS is auditing fewer returns due to federal budget cuts, and because it has not yet replaced experienced auditors who have retired.

Still, that doesn’t mean you can drop your guard when it comes time to file your return. When returns are filed, they’re scanned into the IRS computer system, which is designed to detect anomalies. If there is an anomaly, that creates a “red flag.” The IRS is more likely to eyeball your return if you claim certain tax breaks, deductions, or credit amounts that are unusually high compared to national standards; you are engaged in certain businesses; or you own foreign assets.

It’s impossible to predict if your return will be selected for an audit, but you would do well to keep the most common red flags in mind:

1. Failing to report all taxable income

Over the years the IRS has received more information from third parties — not only from W2s, 1099s, and brokerage statement information, but also from flow through entities. The computer system compares that information to the return. If there is a mismatch, the computer generates a bill.

2. Earn a lot or very little

The more you earn, the higher the chance the return will be audited. The majority of returns audited are from taxpayers who earn more than $500,000. The IRS has limited staff, and if there is a change on a wealthy taxpayer’s return as a result of an audit the money owed will be greater and the possibility of collection rises. On the other end of the spectrum, taxpayers who reported no adjusted gross income are also flagged, and the audit rate for this group is approximately 2%. The IRS may do a cost-of-living analysis to see how you were able to live on hardly any income. Again, that’s much higher than other income levels.

3. Excessive deductions or credits

The IRS will compare the itemized deductions and credits taken to the average totals for similar taxpayers in the same income bracket. If yours is higher, the IRS may look at the numbers more carefully.

4. Schedule C filers

Sole proprietors and freelancers are entitled to a handful of deductions that most other taxpayers cannot claim, such as home office deductions, mileage expenses, meals, and entertainment expenses — and IRS agents know that self-employed individuals tend to claim excessive deductions. Schedule C filers also sometimes under-report income, so the IRS looks closely at businesses that primarily operate with cash or show a loss. For those businesses, the audit rate in 2019 was between .08% and 1.6%.

5. Non-filers

Addressing high-income non-filers is now the IRS’s top strategic priority. The emphasis is on individuals who earned more than $100,000 but did not file a tax return. As previously mentioned, the IRS compares information they receive from multiple sources to see if returns were filed

6. Claiming 100% business use of a vehicle

The IRS knows that it is rare for someone to use a vehicle for business purposes 100% of the time, especially if they don’t own another vehicle for personal use. The IRS also targets heavy SUVs and large trucks used for business because these vehicles are eligible for more favorable depreciation and expensing provisions. The higher the business use percentage, the greater the IRS scrutiny will be.

7. Claiming a loss on a hobby

You can take a loss on a business, but you cannot claim a loss for a hobby. For a business, the reasonable expectation is to make a profit three out of every five years. If you have a hobby that is set up as a business, make sure to keep supporting documents for income and expenses. If you have multiple years of losses on your Schedule C and you have a lot of income from other sources, the IRS will look at this activity more as a hobby — particularly if you do not depend on the income to make ends meet, or you do not devote the necessary time, effort, and money to maximizing your profits.

8. Home office deduction

Due to the COVID-19 pandemic, many people worked from home in 2020. But most people will not be able to claim the deduction because it’s not available to employees. Prior to 2018, certain employees were able to claim the home office deduction as a non-reimbursed business expense subject to 2% of adjusted gross income

The deduction is still available to self-employed individuals and independent contractors who use a room or space “regularly and exclusively for business.” You do not need to own a home — renters can also claim the deduction. You can claim the deduction through actual expenses incurred, or use a simplified method, which is limited to $5 per square foot with a maximum deduction $1,500

9. Taking an early payout from an IRA or 401(k) account

Special attention is given to payouts before age 59½. Unless an exception applies, these withdrawals are subject to a 10% penalty on top of regular income tax. With so many jobs eliminated in 2020, a lot of people took money out of their retirement accounts

10. Engaging in virtual currency transactions

The IRS using pretty much everything in its arsenal to trace activities of taxpayers who sell, receive, and trade or otherwise deal in bitcoin or other virtual currency. There is now a question on page one of the 1040 return asking about virtual currency activity.

11. Failing to report a foreign bank account

This has been an issue for many years, particularly with taxpayers who have money in nations with more favorable tax laws than the United States. Some foreign banks are obligated to provide the IRS with lists of American clients. There is also a question on Schedule B about foreign bank accounts. If you have more than $10,000 in a foreign account, you are required to file FinCEN Form 114. Foreign assets that amount to more than $50,000 must be reported on IRS Form 8938

12. Claiming the American Opportunity Tax Credit (AOTC)

The cost of a college education continues to rise faster than the cost of inflation. The AOTC is worth up to $2,500 per student for the first four years of college. Forty percent of the credit is refundable, meaning that even if you don’t owe any tax, you get the money back. There are income limitations, and the student must be enrolled at least half-time. Eligible expenses include tuition and books and required fees, but do not include room and board.

You’ll run into trouble if you take the credit for more than four years, omit the school’s ID number on Form 8863, or take the credit without being eligible

13. Engaging in cash transactions

Under the Bank Secrecy Act, various types of cash transactions in excess of $10,000 are required to be reported. The goal is to thwart illegal activities. So, if you make large cash purchases or deposits, be prepared for IRS scrutiny

Conclusion

The above list is not intended to be all inclusive; it’s simply to make you more aware of certain activities can lead to IRS audits. Working with us can help mitigate the risk of being audited — and if you are audited, we are here to help defend you against any potential adverse adjustment.

Please contact us if you have any questions.