FRAUD ALERT: Avoid Tax Return Scams!

Fraudulent tax return preparers are back!

tax credit fraudulent

Tips On How To Avoid Fraudulent Tax Preparers

With this being tax season, the Federal Justice Department urges the public to look out for and avoid fraudulent tax preparers who illegally swindle both their clients and the federal treasury.  Below are some tips that may seem obvious and others that may not seem so obvious.

  1. Look for a PTIN.  The IRS requires that all paid tax preparers register with the IRS and obtain a preparer tax identification number (PTIN).
  2. Never allow your refund to be deposited directly into a tax preparer’s bank account.  Courts have barred such a practice.
  3. Never sign a blank return or a return without fully reading it from beginning to end first.
  4. Never allow your tax preparer to mischaracterize expenses.  By this, I mean that you should never allow personal purchases to be wrongly characterized as deductible expenses.
  5. Never allow your tax preparer to fabricate expenses or deductions.  Some common ones are the educational credit, the child care credit or the earned income tax credit.
  6. eFile.  The eFiling method is considered the safest and most reliable.
  7. Look for professional credentials or listings with the Better Business Bureau in choosing
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Estate Planning in Ohio ALERT: Is My Trust Still Appropriate?

Estate Planning And The Revocable Living Trust

estate planning revocable living trustA perfect example of the benefits of reviewing your estate planning documents on, at least, an occasional level, can be seen with the marital revocable living trust, also sometimes known as an “A-B” trust.  Should you have such a document, and if it was prepared long ago and never updated, it is probably set up to accomplish exactly the OPPOSITE of what you want it to do.

There are many types of trusts.  There are many reasons to set up a trust.  With a married couple, the most common type of trust is a marital revocable living trust.  Historically, the main purpose of this type of trust was to avoid the probate process at death and to maximize estate tax savings.  Prior to the year 2000, all assets passing to a surviving spouse were exempt from estate taxes.  However, for assets not passing to a surviving spouse, the maximum estate tax exemption for Ohio estate taxes was $25,000 and the maximum estate tax exemption for federal taxes was $600,000.  It was not uncommon for those with a large estate to set up a marital revocable living trust to, in effect, double … Read More... “Estate Planning in Ohio ALERT: Is My Trust Still Appropriate?”

Special Needs Trusts in Ohio in a Nutshell

special needs trusts medicaid ohioShould an individual with special needs receive a large sum of money, it is often wise to have the individual or his/her fiduciary establish a special needs trust in order to not jeopardize assistance already being received such as Medicaid or SSI.  Should a parent or grandparent wish to provide funds to a special needs individual and not jeopardize assistance being received, a special needs trust may also be a good idea.  However, before embarking on such an endeavor, it is critical to understand the different types of special needs trusts and their requirements or else risk losing the benefits already being received.

Set Up Special Needs Trusts To Protect Existing SSI Or Medicaid Benefits

The most common special needs trust created by and with assets of a third party is known as a discretionary “supplemental needs” trust.  With such a trust, there is no requirement that funds be turned over to the state upon the death of the beneficiary.  However, proper drafting is critical.  It is to be used for things not covered by Medicaid or SSI.  It must clearly state that it cannot be used for medical care, comfort, maintenance, health, welfare or general well-being.  It should … Read More... “Special Needs Trusts in Ohio in a Nutshell”

Gay Marriage Alert: The IRS Finalizes Rules Recognizing Same-Sex Marriages

Tax Returns To Be Amended By IRS To Reflect Same-Sex Marital Status Changes

same-sex marriage irs taxIn 2013, in United States v, Windsor, the U.S. Supreme Court found Section 3 of the Defense of Marriage Act to be unconstitutional.   Section 3 defined “marriage” as a legal union between one man and one woman and “spouse” as only a person of the opposite sex who is a husband or a wife.  The Court’s decision meant that married same-sex couples must be treated under federal law as married opposite-sex couples.

The IRS followed up with Revenue Ruling 2013-17.  The IRS concluded that, for federal tax purposes, the terms ” husband and wife”, “Husband” and “wife” should be interpreted to include same-sex spouses.  The IRS further concluded that, for federal tax purposes, recognition should be given to a same-sex marriage that was valid in the state where it was entered into, regardless of the married couple’s place of domicile.

IRS Issues Final Rules For Same-Sex Marriage Couples

On September 2, 2016, the IRS has issued final rules consistent with United States v. Windsor and Revenue Ruling 2013-17.  Under these rules, the terms “spouse”, “husband” and “wife” shall apply to same-sex marriages for federal tax purposes.  These … Read More... “Gay Marriage Alert: The IRS Finalizes Rules Recognizing Same-Sex Marriages”

Guardian Issues: New Responsibilities Imposed on Ohio Guardians

What Are The Additional Requirements For A Guardian Of An Estate In Ohio?

guardian estate planningWhile it has always been a great responsibility to serve as a legal guardian for another individual, last year Ohio imposed a number of additional requirements of guardians in an effort to protect the welfare and safety of those wards to whom they serve.  These protections are both financial and personal.

An individual can be guardian of the person, guardian of the estate (financial), or more likely guardian of the person and the estate of another individual.  Previously, a guardian of the person was required to protect and control the ward, provide suitable maintenance for the ward, make appropriate decisions for the ward, provide education if the ward is a minor and file guardian’s reports with the court.  A guardian of the estate was required to file an inventory with the court, deposit money in a financial institution in this state, invest funds in a lawful manner, make and file accounts annually, expend funds only upon written approval of the court and file guardian’s reports.

I addition to these requirements and in order to better protect the ward, all Ohio guardians must complete a six hour course … Read More... “Guardian Issues: New Responsibilities Imposed on Ohio Guardians”

Medicaid: Qualified Income Trust Needed For Eligibility

ALERT: Significant Changes in Ohio’s Medicaid Income Rules Have Arrived! Qualified Income Trust Needed For Higher Income Families To Be Eligible

medicaid qualified income trust ohioFor those receiving long-term care services, Ohio’s Medicaid program has always had a monthly income limit.  In 2016, that limit is $2,199 per month.  However, until now, Ohio was a spenddown state, which meant that as long as the individual spent down each month on monthly expenses below the income threshold, the individual would be eligible to receive Medicaid services.  Effective July 1, 2016, no one will be able to spend down to meet the monthly income threshold, but will need to deposit any excess income into a Qualified Income Trust (QIT) to become eligible for Medicaid coverage.

A QIT will divert some of the applicant’s monthly income into an irrevocable trust managed by a trustee (usually a family member).  The trust can only be funded with the individual’s pension, social security or other income.  No other resources may be added to the trust.  The income must first be paid to the individual and then transferred into the trust.  The money in the trust can only be used for incurred medical expenses, monthly personal or maintenance needs allowance, … Read More... “Medicaid: Qualified Income Trust Needed For Eligibility”

Estate Planning and Probate: The Effect of Titling of Assets

Effective Titling Of Assets Can Benefit Estate Planning Probate Documents

estate planning probate payable on death titling of assetsMany people do not understand the distinctions between how one titles one’s assets and the resulting repercussions from it. Properly titling one’s assets can greatly increase the effectiveness of one’s estate plan. Some of these distinctions are described below:

  • Power of Attorney: Adding another individual as power of attorney on an asset does not convey any ownership rights, but allows an agent to manage the asset and utilize it just as if the owner could. The agent is known as your attorney-in-fact. Adding a power of attorney does not keep an asset from having to go through the probate process, but allows an agent to manage the asset (pay bills, etc.) without having to go through a guardianship proceeding.
  • Payable on Death/ Transfer on Death: often confuse Power of Attorney (POA) with Payable on Death (POD) designations. By designating someone as a Payable on Death (POD) beneficiary does not give any rights during the owner’s lifetime but allows the asset to pass directly to the payable on death beneficiary on the death of the owner without having to go through the probate process. It “avoids probate.” Payable on Death (POD)
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