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Tractor Talk Discussion Forum

OT - New federal tax regs?

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CB in central N

01-30-2008 12:12:07




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I know there are a few accountants out here, but anyone with knowledge of the subject would be welcome to respond.

In preparation for doing my taxes 2007, I was re-reading the instructions for Schedule F and noticed that as of 2007 there is a new provision dealing with married couples and filing the Schedule F, something to do with a married couple being considered a partnership even if one was not formally established. They also talk about something called "exempt joint venture" and filing the Form 1065 instead of Schd. F. It certainly reads and sounds like tons more paperwork for just a simple husband and wife operation. The way around this SEEMS to be "married, filing separately" but that leads to other tax liability.

Thoughts? Opinions? Advice? I think many of us will have to deal with this one. Thanks in advance to all who respond.

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Spook

01-30-2008 18:38:06




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 Re: OT - New federal tax regs? in reply to CB in central NY, 01-30-2008 12:12:07  
I noticed the same thing with Schedule C, starting 2 years ago. The IRS wants to be very clear on who is earning income. Probably so that one person cannot shift income to the other to minimize taxable income. I help my wife virtully every day, but unless I jump thru some hoops ($$$) it is her business, and I am not a partner in that business. As always, the devil's in the details!!!



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Texasmark

01-30-2008 14:45:29




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 Re: OT - New federal tax regs? in reply to CB in central NY, 01-30-2008 12:12:07  
My tax lady is a farm girl and has been doing taxes for 30 years and mine for at least 10, after I fired my urban CPA cause he had his head up his *** (starts with an a and ends with an s with an s in the middle) and had no earthly idea what farm life was all about.

I turned in my documentation as I have for the past years and she said nothing about anything changing.

I am married and we file a joint return. Our names are on the 1040 and the Schedule F is just part of it.

Mark

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steve from mo - dangit!

01-30-2008 14:11:56




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 Re: OT - New federal tax regs? in reply to CB in central NY, 01-30-2008 12:12:07  
There are several potential uses.

A. One of the "problems" they were trying to fix related to Social Security. If you split the income from a farm or other small business using that IRS partnership arrangement, both spouses can qualify for their own Social Security retirement and disability benefits.

B. Partnerships have many other useful applications if you want or need to allocate income or expenses or other things from a single business activity among a group of people.

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supergrumpy

01-30-2008 13:20:35




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 Re: OT - New federal tax regs? in reply to CB in central NY, 01-30-2008 12:12:07  
right off the IRS propaganda site:

Can a husband and wife run a business as a sole proprietor or do they need to be a partnership?

It is possible for either the husband or the wife to be the owner of the sole proprietor business. When only one spouse is the owner, the other spouse can work in the business as an employee. If a married couple who file a joint tax return elect to conduct their business activities as a qualified joint venture, (a trade or business entity in which the husband and wife materially participate in such venture), the spouses must divide the items of income, gain, loss, deduction, credit and expenses in accordance with their respective interests in such venture. This is effective for taxable years beginning after December 31, 2006. Also, see Rev. Proc. 2002-69 for Special Rules for Spouses in Community States.


References:

Publication 334, Tax Guide for Small Business Publication 541, Partnerships Taxpayer Protection Act of 2007

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Dave H (MI)

01-30-2008 13:01:01




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 Re: OT - New federal tax regs? in reply to CB in central NY, 01-30-2008 12:12:07  
Schedule F, and we don't do a ton of them anymore due to the suburban sprawl here, is a one name form. Seems like in the past we used to put both names on them but now it is you or the wife. This is OK even on a joint return. You don't have to file apart from your wife.



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rrlund

01-30-2008 12:50:57




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 Re: OT - New federal tax regs? in reply to CB in central NY, 01-30-2008 12:12:07  
Without taking the time to think a lot about it,it sounds like they were trying to fix a problem. When I was milking cows,Michigan Milk Producers Assn told me that I could put any of my kids name on the milk check without a legal partnership,but I couldn't put my wifes name on with mine unless I went to the County Clerks office and formed a legal partnership with her. I told them I had one,it's called a marriage license. They said it didn't matter,had to be a legal partnership with a spouse. I wonder if that's the issue that the IRS was trying to address?

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Mark - IN.

01-30-2008 15:09:39




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 Re: OT - New federal tax regs? in reply to rrlund, 01-30-2008 12:50:57  
"I told them I had one, it's called a marriage license".

Sir, the problem with you response is that it was simple, clear, and straight to the point. That kind of thinking can't and won't be tolerated. It would streamline the process, cause less paperwork, and certainly make your lives easier, so..."NO". I do agree with you though.



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