What is Joint Tenancy?

Joint Tenancy

A professional and legal term for an arrangement between two or more people who own property together is joint tenancy. All property owners have the same rights and obligations to the property. Married couples, non-married couples, acquaintances, family, and even business partners might all own the land. The joint tenancy agreement can be used for personal property, bank accounts, and brokerage accounts, but it is most typically utilized for real estate investments. The joint tenancy agreement gives all property owners equal rights and obligations.

The legal arrangement for joint tenancy provides owners with a right to survivorship. If one of the owners dies, the deceased owner’s interest will be transferred to the remaining owner without the need for a court appearance or the use of probate law. This means that the shares of a deceased owner are passed on to other owners rather than being inherited. It is critical to file joint tenancy with a trusted partner because these agreements are difficult to manage, and the property will be passed to the trusted partner if you die.

How Does Joint Tenancy Work?

Many married couples own joint tenancies because it is the safest way to keep a property in the same family. Joint tenants have an equal share of the property’s rights and interests. There is no primary owner; instead, the two tenants have a contract that allows them to visit the property at any time. Joint tenants have complete freedom to make decisions regarding the property and are not restricted from any elements or aspects of it.

How is a Joint Tenancy Created?

Joint Tenancy

Anyone, whether a married couple or good friends, can apply to be a joint tenant. If you want to become joint tenants, talk to your real estate attorney about drafting a legal co-ownership agreement that meets all of your state’s criteria. They will also provide you with the best advice on whether the property is worth purchasing as joint tenants, as well as the benefits and drawbacks of doing so.

To become a joint tenant, there are a few prerequisites that must be satisfied. At the same time, all co-tenants of the land must receive equal shares of the property through the same deed. They must also have the same financial interest in the property and share equal financial responsibility. If the property has any loans, all owners are obligated to be responsible for those loans.

What happens If a Joint Tenant Wants to Sell Their Share?

In order for a co-tenant to sell their share of the property, all other tenants must agree. The co-tenants will be entitled to sell their interests in the property if all other tenants agree. If this occurs, a joint tenant will have to transfer their share of the property to another person who owns it. Keep in mind, however, that transferring shares ends the joint tenancy arrangement, therefore the new co-owner will need to enter into a new ownership agreement with the other co-tenants.

Tenancy in common is a new type of ownership agreement that is comparable to joint tenancy. Tenants in common, for example, are entitled to share their interest and will be equally accountable for all debts against the property’s loan.

What are the Mortgage Requirements for Joint Tenants?

In order to qualify for a loan, borrowers must have a credit score of at least 620 and a debt-to-income ratio of less than 50%. When applying for a mortgage as a joint tenant, however, co-tenants are allowed to add up their income and debts, increasing their chances of qualifying. They will easily qualify for mortgages if each co-tenant has a good credit score.

What are Some Advantages and Disadvantages of Joint Tenancy?

Becoming joint tenants has its own set of advantages and disadvantages. Here are a few of the many advantages:

  • Property Protection: Joint tenants are allowed to share all property duties, such as paying off debts and maintaining the property. In this example, you would have to undertake all of the maintenance yourself if you were a single owner; however, shared tenancy shields you from a variety of situations.
  • Property Access: In joint tenancy, the right of survivorship is a valuable asset since it avoids owners from having to go through probate court if a co-tenant dies. You are granted immediate access to the property.

The following are some of the disadvantages of joint tenancy:

  • Relationships: If the tenants’ relationship is paused or ended, this could be a major issue. Selling the property’s shares without the consent of all co-tenants is difficult and passing the property to someone else without the death of one co-tenant is even more difficult.
  • Property Management and Maintenance: If a co-tenant dies, it may be difficult to manage and maintain the property on your own. Once everything is passed to you, you will be burdened with a slew of duties.

For married couples, joint tenancy is a benefit, but it can also be a liability. If the property is purchased as joint tenants, the federal, state, and local taxes may differ. Contact our best tax preparers firm in Miami today to learn more about filing taxes on joint properties.

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401(k) Plans: The Complete Beginner’s Guide

401(k) Plans

What is a 401(k) Plan?

A 401(k) plan is a type of retirement savings account that is primarily offered by employers to their workers. The 401(k) plan is tax-advantaged, meaning it is tax-free. The 401(k) plan gets its name from a section of the Internal Revenue Code in the United States. Automatic payroll withholding to their 401(k) account could be used to make contributions to the plan. The contributions might then be matched by the employers for their employees. Withdrawals and the IRA plan are chosen for the 401(k) plans both affect taxes. Investment earnings will not be taxed until the employee withdraws the money if a traditional 410(k) was used. Employees will be taxed when contributions are made to a Roth 401(k).

How Do 401(k) Plans Work?

Traditional 401(k)s and Roth 401(k)s, also known as “designated Roth accounts,” are the two most common types of 401(k) accounts. Traditional and Roth 401(k)s are similar in many ways, but there are some differences in terms of withdrawals and taxes. Let’s take a closer look at it now.

Contributing to a 401(k) Plan:

A defined contribution plan is a tax-deferred retirement savings account that accumulates tax-free until the investor takes withdrawals. 401(k) and 403(b) plans are examples of defined contribution plans. Contributions to the account are subject to dollar limits set by the Internal Revenue Service (IRS). Both the employee and the employer can contribute until the dollar cap is reached. A traditional pension plan, on the other hand, is not the same as a traditional 401(k). Traditional pensions are a defined benefit plan, which means the business is responsible for paying the employee a set amount of money when they retire. Many firms choose to offer their employees a 401(k) plan because it is more efficient and eliminates the stress of having to save for retirement for their employees.

Employees are given a variety of specific investments to choose from in their 401(k) plans, and they are responsible for picking from the options provided by their employer. Typically, the employer’s choices include mutual funds for stocks and bonds, as well as funds that are a mix of stocks and bonds. A Guaranteed Investment Contract (GIC) is an insurance company policy that promises a rate of return in exchange for retaining a deposit for a specified amount of time.

What are my Contribution Limits?

The contribution limit, or the maximum amount that an employer or employee can contribute, is changed to account for inflation on a regular basis. The following are the basic contribution limitations for 2020 and 2021. The annual contribution maximum for employees under the age of 50 is $19,500. The annual contribution maximum for workers over the age of 50 is $26,500.

If the company wishes to contribute as well, or if the employee wants to make additional non-deductible after-tax payments to their traditional 401(k), the numbers above will vary. This is only possible if the employer’s plan permits it. As of 2021, the ceiling for workers under the age of 50 would be $58,000, or 100 percent of employee compensation. As of 2021, the maximum for workers over the age of 50 will be $64,500.

Employer Matching:

Employee contributions to their 401(k) accounts are sometimes matched by their employers. Employers calculate the match using various formulas. Employers frequently use the $1 for every dollar an employee contributes up to a particular proportion of their salary formula. Employees should contribute enough to their 401(k) plans to receive the full employer match, according to most financial consultants.

Contributing to Both a Traditional and Roth 401(k):

If the employer wishes, some firms allow employees to contribute to both traditional and Roth 401(k)s at the same time. Contributions could be divided into two categories: regular 401(k) and Roth 401(k). Keep in mind, however, that the total contributions to both accounts, depending on the employee’s age, cannot exceed the maximum.

Making Withdrawals from a 401(k) Plan:

401(k) Plans

Employees who deposit money into a 401(k) account are unable to withdraw it without incurring a penalty. Employees should set aside a specific amount of money outside of their 401(k) plan for emergencies. This money is inaccessible, and it would be pointless to deposit all your savings into a 401(k) account if you couldn’t access it.

Earnings in a traditional 401(k) account are tax-deferred. Earnings in a Roth 401(k) account are tax-free. When you take money out of a traditional 401(k) account, you will have to pay taxes on it. It would be subject to regular income taxation. Withdrawals from a Roth 401(k) plan, on the other hand, are tax-free and will not be taxed because the money was taxed when you originally contributed it.

How Can SDG Accountants Help?

It may be difficult to comprehend all these retirement and contribution options. Particularly when these plans are incorporated into your federal, state, and local income taxes. We operate to help you include your 401(k) plan in your federal income tax. Contact your Miami Tax Accountant today to find out which plan is ideal for you and to discuss all your other tax requirements.

IRS CARES Act and Tax Implementations

IRS CARES Act

The world has altered dramatically in the last year and a half. Many small businesses and individuals suffered financially and emotionally as a result of the virus. Staying away from family, not being allowed to meet relatives, being locked up in a house where your mental health is constantly jeopardized, and not being able to eat at your favorite neighborhood pizza place. Everything seemed to be going wrong. Small enterprises failed because they lacked the resources to stay afloat when the world was collapsing around them. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was one of many attempts by the U.S. government to assist these individuals and small businesses financially. However, now that tax season is here, those Americans must determine whether their plan was taxable. We’ll go over some of the major US government programs and see if they’re taxable or not.

We’ll go over the four CARES Act relief programs: Paycheck Protection Program, Economic Injury Disaster Loans, Employee Retention Credit, and Payroll Tax Postponement in order to assess your taxes. Depending on your type of business and situation, these scenarios may vary. Contact your Miami Tax Accountant, SDG Accountants, if you have a question concerning your business that isn’t answered in this article.

Is CARES Act Aid Taxable?

Many taxpayers have wondered whether or not the CARES Act they received is taxable. It is dependent on the program. Here’s a rundown of several of the CARES Act’s programs, along with whether or not they’re taxable.

Paycheck Protection Plan (PPP):

The Paycheck Protection Plan (PPP) is a small business loan program established by the United States government in 2020 as part of the Coronavirus Aid Relief Economic Security Act (CARES Act) to assist small businesses, self-employed workers, sole proprietorships, and other businesses in paying their employees. Owners of small businesses might borrow up to $10 million, or 2.5 times their average monthly payroll. If you followed all of the loan’s terms, the PPP might be considered a grant, and your loan could be forgiven. Your PPP will not be taxable income if this happens. If your loan is not forgiven, it will be treated as a regular loan and will not be taxed. This is only for tax purposes at the federal level.

It differs based on whatever state you live in when it comes to state taxes. For example, forgiven PPP loans are taxed in Florida; they are either included in taxable income or are not allowed as an expense deduction.

Economic Injury Disaster Loans (EIDL):

Another option under the CARES Act is the Economic Injury Disaster Loans (EIDL), which is an enlargement of a long-running BA loan program that assists persons who are financially impacted by the coronavirus. During the spring and summer of 2020, small businesses could apply for a loan of up to $2 million utilizing an EIDL. If a business owner did not want to pay back the loan, they could take out an EIDL advance, which was a cash advance of up to $10,000 that did not require repayment.

The EIDL is included in income and therefore is not taxable, however, if you paid business expenses using EIDL advance those might be deductible.

Employee Retention Credit (ERC):

The Employment Retention Credit (ERC) is a payroll tax credit for business owners to help keep employees on the job. It is not a loan or a grant. This tax credit is claimed on the tax return of business owners (Form 941), therefore it will not be recorded on their income taxes. The following are the downsides of this credit: it can limit the amount you can deduct on your federal income tax return. Qualified wages are likewise not allowed to be counted as income under the ERC.

Payroll Tax Postponement (PTP):

Another program that allowed firms to defer some payments of railroad retirement taxes and Social Security is the Payroll Tax Postponement (PTP). Like the ERC, these delayed payroll taxes were claimed on the employment tax return rather than the income tax form.

What to Do Next?

The U.S. government is constantly changing these programs, and it is your obligation to keep up with all of the changes. It’s difficult to grow your business while still staying on top of all the tax benefits and credits as a small business owner. Make an appointment with a tax specialist who can help you figure out your taxes and the best CARES Act program for you.

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