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MGC94
Level 7
April 29, 2021
Question

statutory employee

  • April 29, 2021
  • 3 replies
  • 34 views

My client presented my office with a W2 for $797,342.00 in Box 1. In box 12 Coded V $531,842.  His actual salary was $265,470.  Taxes in Box 2 $174,456. He is an expert medical witness who works from his home which is a large farm.  This is 5 days a week for the entire year.  The W2 took all taxes out but upon compiling the return it appears that he owes about $55,000.  What could I do lower this liability?  He did extensive work on the farm probably $80,000 as he prepared it for a sale as soon as possible.

Doesn't it seem he should have a home office?  Could he be a Statutory employee where all expenses could be utilized on an 8829?

Thank you, 

Carol Conway 

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3 replies

Accountant-Man
Level 13
April 29, 2021

First, read the definition of statutory employee. He is not one.

Second, do you know what code V is and how it pertains to him?

Third, if he is an employee he cannot deduct for a home office. Read about unreimbursed employee expenses 

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MGC94
MGC94Author
Level 7
April 30, 2021

where would I read about unreimbursed employee expenses? You mean since the standard deductions is double how no w2 deductions are used any longer unless one is a preforming artist ..? 

Code V is non statutory stock options. 

Any recommendations to lower his tax liability? 

Skylane
Intuit Community Champion
April 30, 2021

He made a lot of money... he’s gonna pay a lot of tax

If at first you don’t succeed…..find a workaround
Just-Lisa-Now-
Intuit Community Champion
April 29, 2021

So he got half a million in stock options, sell some of them and pay the taxes.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
MGC94
MGC94Author
Level 7
April 30, 2021

They did sell some stock. Proceeds $703,304.45 cost basis $171,767.40 Gain $531,537.05 w/h federal taxes of 43,934.59,  30,485.92,  and 42,584.67. (plus additional expenses us Medicare, state taxes ..)  

 

Fidelity said with stock options its reported differently with showing the withholding from the cost basis and said refer to the other page showing 

$703,304.45 proceeds and 703898.91 adjusted cost basis show a was of 289.79 and a loss of -594.46.

 

How can I decreases the tax liability? any other suggestions? 

The V from w2 is non statutory stock options. 

 

 

sjrcpa
Level 15
April 30, 2021

Are you reporting (594) on Sch D and not 531,537?

Other than that, client made money and has to  pay tax. There is not a lot of 2020 tax planning that can be done in April 2021.

The more I know the more I don’t know.
qbteachmt
Level 15
April 29, 2021

I'd sure like to restate or clarify some of this:

A W-2 doesn't take "all taxes out." It's a guesstimate based on the payroll form W4, which the taxpayer controls, as well as having the ability to pay Estimates when something unusual happens in the tax year, across their entire financial events for the tax year. Think of it as Prepayment; not Taxes. Seeing a taxable bonus or other condition at year end on his final paystub (where they put YTD) means he could have paid in an estimated amount by Jan 15, if needed. It seems unlikely this one event is the issue, though. More likely, this person's entire financial year is a bit complicated.

"Could he be a Statutory employee where all expenses could be utilized on an 8829?"

It's unlikely he has $55k of costs in the operation of being an expert medical witness. A lot of employees worked from home in 2020, unexpectedly. Congress has not yet made a change to the lost tax benefit in TCJA for costs incurred because of this condition.

The farm is its own issue. His labor as "extensive work" isn't of value by itself, since he is not his own employee on the farm. Working on your farm has an impact to the farm of increasing its bounty or value. If that is in preparation for a Sale, than costs for improvements should be tracked as part of basis. The costs for repairs would be on the farm schedule in his tax return. Have you done this part, yet? Or is this a hobby farm?

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Accountant-Man
Level 13
April 29, 2021

https://www.investopedia.com/terms/s/statutory-employee.asp#:~:text=A%20statutory%20employee%20is%20an%20independent%20contractor%20who%20is%20considered,otherwise%20not%20considered%20full%20employees.

"Statutory" refers to the Internal Revenue Service (IRS) classification of workers who are subject to tax withholding by statute under its common law rules.

BTW, this client is NOT A STATUTORY EMPLOYEE.

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qbteachmt
Level 15
April 29, 2021

This year, I love investopedia.

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