Home     Law Advice     Insurance Advice     Community    
Tax Law : Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning
Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #16  
Old 11-02-2008, 05:45 PM
Senior Member
 
Join Date: Mar 2006
Posts: 7,005
Again, ignore kiawah. He is failing to understand the basics of the question.

(Re: withholding v. estimates)
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
  #17  
Old 11-02-2008, 10:35 PM
Member
 
Join Date: Nov 2007
Posts: 604
Quote:
Originally Posted by LdiJ View Post
I think I am going to clarify something that the OP is not understanding:

As long as, for 2008, you paid in an amount equal to 100% of last year's tax liabilty, or 90% of 2008's liability, there is no underwithholding penalty. Its not that you had to pay 100% of last year's tax, its that you had to pay an amount equal to 100% of last year's tax, for THIS year.
Ok, since we're getting into details, those payments need to be through withholding. Making an estimate for 100% of last year's tax on January 15th won't protect you from penalty.
  #18  
Old 11-02-2008, 11:58 PM
Member
 
Join Date: Oct 2008
Location: Raleigh, NC
Posts: 480
Correct.

For the poster, it really depends on the makeup of his income and how much withholding was taken out from w2 salary vs investments, and whether it is up or down over his tax liability for last year. If an individual has substantial investment/other income on top of salary w2's, then you need quarterly estimated taxes to cover the tax liability (above and beyond that liability from the salary).

As an example if investment income is down this year over last (as it very well be with the market the way it's been), or if he's commissioned sales and is down this year, then you don't need to pay the tax liability from LAST year, you just need to submit estimated payments to cover whatever additional investment tax liability is occurring for THIS year. It's the either/or minimum that needs to be in the IRS bucket.

None of us know the posters actual numbers or withholding situation, and how it all compares to last year. He just has to run his numbers to make sure he doesn't get snagged. If he owes, make sure it gets submitted on estimated taxes in the quarter earned.

Peace
__________________
Kiawah

Last edited by Kiawah; 11-03-2008 at 12:02 AM.
  #19  
Old 11-03-2008, 08:57 AM
Senior Member
 
Join Date: Mar 2006
Posts: 7,005
Sigh...let us review one more time.

OP asked:
Quote:
I received a distribution from an annuity, this year and checked the wrong box in the claim form, so no tax was withheld. The difference between the distribution and its cost basis is about $22,000. Am I going to get hit with any type of penalty (cash penalty, or having to file estimated taxes next year, which I consider a bit of a penalty), and if so, is there anything I can do now to prevent that from happening?
And then clarified his possibilities with:
Quote:
Also, I have another distribution coming, which is about 2/3 the amount of tax I expect to pay on the earlier distribution... could I just specify them have that distribution withhold 100% and avoid this penalty... in other words, do they care how the money was withheld or from what? or just that it was withheld before 12/31/2008?
Since we didn't really know the exact facts, but have knowledge of the law, the correct answer was given:
Quote:
Numbers are important, but withholding will save you no matter how late in the year it was made.
Now, 2210 is a nasty, brutish form upon which I am eternally grateful I have a computer when I need to fill one out. Without the exact figures, we can't know the penalty, but we do know the IRS DOES NOT CARE how the money was withheld or from what, as long as it WAS withheld before 12/31/2008.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
  #20  
Old 11-03-2008, 03:53 PM
Junior Member
 
Join Date: Sep 2008
Posts: 15
Quote:
Originally Posted by LdiJ View Post
I think I am going to clarify something that the OP is not understanding:

As long as, for 2008, you paid in an amount equal to 100% of last year's tax liabilty, or 90% of 2008's liability, there is no underwithholding penalty. Its not that you had to pay 100% of last year's tax, its that you had to pay an amount equal to 100% of last year's tax, for THIS year.
THIS was INCREDIBLY helpful to me in understanding. My withholding for 2008 was definitely as much as my total tax for 2007, no question about it. Okay, so I basically don't have to worry about anything, except paying the actual tax on the distributions! Excellent! Thanks!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:50 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.