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Tax chat with Steven Elliott
 
12:58
Steve Elliott -  Hello, and welcome to today's live tax blog chat on Ask A CPA, sponsored by the Massachusetts Society of CPA's here on www.boston.com!  My name is Steve Elliott and I am a CPA in both Massachusetts and New York.   I am a Senior Tax Associate at Janover Rubinroit, LLC - a Garden City, NY CPA firm (we also have an office in NYC).    I will get to as many questions as I can today, so please be patient.   Don't forget, there are other live blogs every other Tuesday at 1:00 right through April 15th, and you can always use the regular "Ask A CPA" postings if you have questions outside of the blog times.       Thank you for sharing your info and for participation!
12:58
[Comment From Bill from Boston]
I will be paying the state and federal this year. Is there a problem sending a check on the 17th as this is the day I get paid.
1:00
Steve Elliott -  

Hi Bill - You would not want to file your return late (past the 15th).   Either get the returns in with no payment and wait for a bill (with interest), or date your checks the 15th.   They would not cash that quickly!

1:00
[Comment From REL]
We itemize our deductions, and for the first time our business expenses were above the 2% floor, even after we subtracted $500 for the educator expense deduction (we are both teachers). It ended up only being ~$450 of our total itemized deductions, but the IRS returned our 1040 form three weeks after we filed it, asking for an "explanation" of Line 21 of our Schedule A (the line for business expenses). They did not ask for receipts but included blank copies of the 2106 form, which (according to IRS instructions), we do not need to file since we would only have expenses on line 4. We sent back a letter itemizing the total business expenses, along with our original 1040, and we hope that it's taken care and anxiously await our (sizeable) refund. What do you think?
1:01
Steve Elliott -  Dear REL - I would agree with you that your reasonable response should clear up the problem!   Generally, form 2106 or 2016 EZ is used for these types of expenses, but for that small amount, I'm surprised the IRS wrote to you.   Follow up with them in 3 -4 weeks if you haven't heard anything back by then.
1:02
[Comment From steve dube]
can you deduct roth ira losses for 2008
1:02
Steve Elliott -  Hi Steve -

You can deduct losses in a Roth IRA, but the rules and treatment are different than you might expect.   First, in order to claim a loss in any IRA investment, you must withdraw the entire balance from all of your IRAs of the same type.   So, if you have a loss in one Roth IRA, you must liquidate all of your Roth IRAs in order to deduct the loss on your tax return.

Second, your basis in your Roth IRA includes your contributions plus conversions (from a traditional IRA) less any withdrawals you have previously taken from your Roth.   Form 8606, Non-Deductible IRAs, is used to determine the basis in your account and to report withdrawals.   Note that reinvested dividends and capital gains are not part of your basis in a Roth IRA.

Finally, losses in a Roth IRA are deducted on Schedule A - Itemized Deductions, rather than on Schedule D - Capital Gains and Losses, which is where most people would expect to report the loss.   Roth IRA losses are a miscellaneous deduction, subject to a 2% floor.   This means that the deduction is only available if you itemize your deductions, and only the amount greater than 2% of your adjusted gross income (AGI) is deductible.   In addition, miscellaneous deductions are not allowed for purposes of the alternative minimum tax (AMT), so you could lose the benefit of the deduction if you are subject to AMT taxes.

Whether it makes sense to liquidate your Roth IRA to claim the loss will depend on several factors, such as whether you itemize or not, how large the loss is compared to 2% of your AGI, whether you're subject to AMT tax, and other factors.   You should also consider how much will you lose in potential earnings if you liquidate your Roth IRA.

1:02
[Comment From Dave]
We have a question about the Foreign Earn Income Exclusion - my wife she works in China and has met the bona fade test for the full exclusion. However, she also has paid local income tax, my question is can we deducted the the local income tax paid and if so, how do we file for such? Thanks.
1:04
Steve Elliott -  Dave - the maximum foreign earned income  exclusion for 2008 is $87,600 and it is $91,400 for 2009.   If your wife earned higher than the $87,600, then you can claim some foreign tax credits.   Don't forget about claiming exclusions for living expenses as well.   I would strongly recommend you use a CPA to assist with your tax preparation with these facts.
1:04
[Comment From MG]
If one has a 2 family rental property and lives in one of the apartments and rents the other. Which federal form does the real estate tax and interest paid on mortgage go on.
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