Tag Archives: estimated taxes

Traders Should Focus On Q4 Estimated Taxes Due January 18

January 10, 2022 | By: Robert A. Green, CPA | Read it on

Many traders have substantial trading gains for 2021, and they might owe 2021 estimated taxes paid to the IRS quarterly. Unlike wages, taxes aren’t withheld from trading gains. Others can wait to make tax payments until April 18, 2022, when they file their 2021 tax return or extension.

The first three quarterly estimated tax payments were due April 15, June 15, and September 15, 2021, and the quarter four payment is due on January 18, 2022. Many new traders didn’t submit estimated payments for the first three quarters, waiting to see what Q4 brings. Also, some traders view skipping estimated tax payments like a margin loan with interest rates of 3% for Q1 and Q2 2021. With full transparency at year-end, traders can better assess the payment they should make for Q4 payments to minimize their underpayment penalties and interest.

The safe-harbor rule for paying estimated taxes says there’s no penalty for underpayment if the payment equals 90% of the current-year tax bill or 100% of the previous year’s amount (whichever is lower). If your prior-year adjusted gross income (AGI) exceeds $150,000 or $75,000 if married filing separately, then the safe-harbor rate rises to 110%. 

Activity in Jan. 2022 can trigger wash sale losses for 2021, thereby creating more income in 2021.

Suppose your 2020 tax liability was $40,000, and AGI was over $150,000. Assume 2021 taxes will be approximately $100,000, and you haven’t paid estimates going into Q4. Using the safe-harbor rule, you can spread out the payment, submitting $44,000 (110% of $40,000) with a Q4 voucher on January 18, 2022, and paying the balance of $56,000 by April 18, 2022. This is an excellent option to consider instead of sending $90,000 in Q4 (90% of $100,000). Consider setting aside that tax money due April 18, 2022, rather than risking it in the financial markets in Q1 2022. I’ve seen some traders lose their tax money owed and get into trouble with the IRS. (See the example below). 

If your 2020 income tax liability is significantly higher than your 2021 tax liability, consider covering 90% of the current year’s taxes with estimated taxes. Check your state’s estimated tax rules, too.

In the above example, the trader should calculate the underpayment of estimated tax penalties for Q1, Q2, and Q3 on the 2021 Form 2210. Consider using Form 2210’s Annualized Income Installment Method if the trader generated most of his trading income later in the year. The default method on 2210 allocates the annual income to each quarter, respectively.

Learn more about estimated taxes at https://www.irs.gov/businesses/small-businesses-self-employed/estimated-taxes.

A forewarning: The recent market-sell off in January 2022 reminds me of similar circumstances in a few prior years. Here’s an example of what to avoid in 2022. Joe Trader has massive capital gains taxes to pay for 2021. However, due to a market correction in early 2022 and being on the wrong side of many trades, Joe might incur significant capital losses in early 2022 in trading securities (equity options and equities). Unfortunately, Joe might lose much of the tax money he owes the IRS and state for 2021 taxes. Investors will get stuck with a $3,000 capital loss limitation in 2022 and must carry over capital losses to subsequent years. However, Joe is eligible for trader tax status (TTS), so he submits a 2022 Section 475 election to the IRS by April 18, 2022, for ordinary gain or loss treatment with mark-to-market accounting.

With Section 475, Joe’s 2022 trading losses are “ordinary” and offset his other 2022 income, like retirement plan distributions. However, the 2017 TCJA legislation has an “excess business loss” (EBL) limitation in 2022 of $540,00 (married)/$270,00 (other taxpayers). EBL over the limit becomes a net operating loss (NOL) carryforward, which offsets income of any kind in subsequent years. Unfortunately, TCJA doesn’t permit net operating loss (NOL) carrybacks for 2022. Before 2018, traders could carry back massive NOLs to replenish their trading capital and stay in business.

Traders and investors in futures contracts can consider a Section 1256 loss carryback election. Rather than use the 1256 loss in the current year, taxpayers may deduct 1256 losses on amended tax return filings, applied against Section 1256 gains only. It’s a three-year carryback; unused amounts carry forward. TCJA repealed most NOL carrybacks, so the 1256 loss carryback is a trader’s only remaining carryback opportunity.

Star Johnson, CPA, contributed to this blog post.

Traders Should Focus On Q4 Estimated Taxes Due Jan. 15

September 25, 2020 | By: Robert A. Green, CPA | Read it on

Many traders have substantial trading gains for 2020 YTD, and they might owe 2020 estimated taxes paid to the IRS quarterly. Unlike wages, taxes aren’t withheld from trading gains. Others can wait on tax payments until April 15, 2021, when they file their 2020 tax return or extension.

The first two-quarters of estimated tax payments were due July 15, 2020 (the postponed date due to Covid), Q3 was due on Sept. 15, 2020, and Q4 is due on Jan. 15, 2021. Many new traders didn’t submit estimated payments for the first three quarters, waiting to see what Q4 brings. With full transparency at year-end, traders can make Q4 payments with more clarity. Some traders view estimated taxes similar to a margin loan with interest rates of 5% for Q1 and Q2, and 3% for Q3.

The safe-harbor rule for paying estimated taxes says there’s no penalty for underpayment if the payment equals 90% of the current-year tax bill or 100% of the previous year’s amount (whichever is lower). If your prior-year adjusted gross income (AGI) exceeded $150,000 or $75,000 if married filing separately, then the safe-harbor rate rises to 110%. 

Suppose your 2019 tax liability was $40,000, and AGI was over $150,000. Assume 2020 taxes will be approximately $100,000, and you haven’t paid estimates going into Q4. Using the safe-harbor rule, you can spread out the payment, submitting $44,000 (110% of $40,000) with a Q4 voucher on Jan. 15, 2021, and paying the balance of $56,000 by April 15, 2021. This is an excellent option to consider instead of sending $90,000 in Q4 (90% of $100,000). Consider setting aside that tax money due April 15 rather than risking it in the financial markets in Q1 2021. I’ve seen some traders lose their tax money owed and get into trouble with the IRS. 

In the above example, the trader should calculate the underpayment of estimated tax penalties for Q1, Q2, and Q3 on the 2020 Form 2210. Consider using Form 2210’s Annualized Income Installment Method (page 4) if the trader generated most of his trading income later in the year. The default method on 2210 allocates the annual income to each quarter, respectively.

If your 2019 income tax liability is significantly higher than your 2020 tax liability, consider covering 90% of the current year’s taxes with estimated taxes. Check your state’s estimated tax rules, too.

Learn more about estimated taxes at https://www.irs.gov/businesses/small-businesses-self-employed/estimated-taxes.

Employees have another way to avoid underpayment of estimated tax penalties on non-wage income. They can ask employers to increase their wage tax withholding in November and December, which the IRS treats as equally made throughout the year.

Darren Neuschwander CPA contributed to this blog post.

How To Avoid An IRS Underpayment Penalty For June 15

June 9, 2017 | By: Robert A. Green, CPA

Forbes

Read it on Forbes

There are two important tax deadlines for individuals on June 15: quarterly estimated income taxes for 2017, and the 2016 tax deadline for U.S. residents living outside the U.S.

Excerpts from 2017 Federal Tax Calendar IRS Tax Due Dates for the 2017 Calendar Year:

“Individuals: If you are a U.S. citizen or resident alien living and working (or on military duty) outside the U.S. and Puerto Rico, file your 2016 income tax return (Form 1040) and pay any tax due. If you want a 4-month extension of time to file your return, use Form 4868 to extend your filing deadline to October 16. (The IRS grants the above individuals two additional months to file compared to U.S. residents living and working in the U.S. who had to file income tax returns or extensions by April 18, 2017.)”

“Individuals: If you are not paying your 2017 income tax through withholding (or you will not pay enough tax during the year that way), pay the second installment of your 2017 estimated tax. Use Form 1040-ES (Estimated Tax for Individuals). For more information, see IRS Publication 505 (Tax Withholding and Estimated Tax).” (Read a brief IRS explanation What Is Estimated Tax & Who Does It Apply To?.)

The four quarters for estimated taxes are:

• Q1: Jan. 1 — March 31, deadline is April 18, 2017

• Q2: April 1 — May 31, deadline is June 15, 2017

• Q3: June 1 — Aug. 31, deadline is Sept. 15, 2017

• Q4, Sept. 1 — Dec. 31, deadline is Jan. 15, 2018

Exceptions: Generally, you do not have to pay an underpayment penalty if either: Your total tax is less than $1,000, or you had no tax liability last year.

Estimated tax safe harbor rule. If your 2016 adjusted gross income (AGI) was more than $150,000 ($75,000 if you are married filing a separate return), you must pay the smaller of 90% of your expected tax for 2017 or 110%* of the tax shown on your 2016 return to avoid an estimated tax penalty. (*If your AGI is under these high-income thresholds, cover 100% of the prior year.)

Underpayment penalty: Traders with 2017 year-to-date trading gains should consider making quarterly estimated tax payments during the year to avoid an underpayment penalty. For 2016, the underpayment penalty rate was 4%. Some traders think this a reasonable price, sort of like another margin loan from a broker. But, the underpayment penalty is not tax deductible, whereas margin interest is.

Consider using the “Annualized Income Installment Method” if that generates a better result than the “Regular Method.” If you make the bulk of your trading income at the end of the year, the annualized method is better. (See the instructions for Form 2210 Underpayment of Estimated Tax by Individuals, Estates, and Trusts.)

Three common scenarios for traders:

1. You left a high-paying job in late 2016, and your only activity for 2017 is trading, with significant profits year-to-date (YTD). It’s probably wise to make a Q2 estimated tax payment. If you did not pay a Q1 estimate and you don’t have an overpayment credit from 2016, then pay enough for Q2 to catch up for YTD. Under the safe harbor rule, covering your 2016 tax liability will be a substantial amount. Determine whether it’s preferable to pay 90% of 2017 taxes if that is a lower cost. The software used for preparing your 2016 tax return can generate the estimated tax payment vouchers based on the safe harbor exception or 90% of the current year. The state estimated tax rules vary, some require a different percentage for the current year vs. the federal 90%.

2. Your income tax liability for 2016 was small, and you have significant trading gains in 2017. Assume the safe harbor rule is best and cover the prior year tax liability.

3. You have trading losses in 2017. You may not owe estimated taxes for Q2 2017.

Traders face a quandary with estimated taxes:
If you pay what you owe for Q2, you may regret it with trading losses later in the year. You’ll be stuck waiting for a tax refund or applying an overpayment credit towards 2018 taxes. You won’t have that money available for trading capital for the remainder of 2017. Many traders don’t make estimated tax payments until Q3 and or Q4 when they have more visibility on trading results.

Loophole for S-Corp traders:
Traders eligible for trader tax status often use an S-Corp to deduct health insurance premiums and retirement plan contributions. They need to execute officer compensation through payroll in Dec. 2017 to unlock those employee benefits. Traders can withhold a significant portion of their salary as federal and state withholding tax. That alleviates estimated income taxes due. The loophole is that the IRS treats payroll tax withholding reported on a Form W-2 as made throughout the year, even though it’s all withheld in December.

Tax reform:
Congress and President Trump are working on tax reform in 2017, and considering delays; I expect changes won’t be effective until 2018. There’s a small chance Congress could make tax reform retroactive to 2017, which would change 2017 estimated tax payment calculations. I think individuals should make 2017 Q2 estimated tax payments based on current tax law. Let’s see if there is any concrete news on tax reform before the Q3 deadline of Sept. 15, 2017.

Our clients should contact their assigned CPA if they need help with 2017 quarterly estimated tax vouchers.