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The Honolulu Advertiser
Posted on: Sunday, March 8, 2009

Taxes on jobless benefits catch unemployed off-guard

By Dave Carpenter
Associated Press

THE FINE PRINT

Here are five things you should know about taxes if you're newly unemployed:

1. UNEMPLOYMENT BENEFITS ARE TAXABLE. Severance payments, sick pay and unused vacation pay also are taxable as income by the federal government. Some states also tax unemployment benefits.

Anyone who received any unemployment benefits should receive a form 1099-G reflecting total unemployment compensation for the year. A taxpayer would generally enter that amount on line 19 of form 1040, line 13 of Form 1040A, or line 3 of Form 1040EZ.

2. WITHHOLDING IS VOLUNTARY. Taxes are not withheld from unemployment checks, but you may file in some states to get 10 percent withholding to help cover the federal tax. Complete and submit a W-4V form, or Voluntary Withholding Request, to the unemployment office where you applied for your benefits.

3. A TAX BREAK HELPS IN 2009. It won't help jobless people filing their 2008 returns, but the stimulus legislation allows people receiving employment benefits in 2009 to exclude the first $2,400. The government also boosted weekly unemployment benefits by $25 through 2009 and now provides for up to an additional 33 weeks of extended unemployment benefits through Dec. 31 for workers who have exhausted their 26 weeks of regular unemployment benefits.

4. JOB-SEEKING EXPENSES ARE DEDUCTIBLE. Keep track of all your job search expenses, including miles driven, employment agency fees, supplies, mailing expenses, phone calls and career-related coaching. All are tax-deductible.

"A lot of people think 'I'll have another job in a month or two,' but often it doesn't pan out that way," said Mike Martin, a tax adviser and president of Mike Martin & Associates in Independence, Mo.

5. SELF-EMPLOYMENT EXPENSES CAN HELP. If you're working out of your home and starting over after losing your job, you can deduct costs and even part of your mortgage interest taxes if you have a home office dedicated to working. But it may be prudent to check in advance with a tax adviser to make sure you qualify.

— Associated Press

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CHICAGO — Some Americans are learning a jarring lesson about unemployment as they prepare their tax returns.

At a time when the newly laid-off are swelling unemployment rolls to record numbers, the painful surprise for many is that jobless benefits are taxed like income. That leaves many on the hook for hundreds or thousands of dollars because the taxes aren't automatically withheld from benefit checks.

To make things worse, some people also are hit with a state unemployment tax bill.

The tax is no government secret — unemployment benefits have been fully taxable for more than 20 years. But many complain that they aren't properly informed about the tax or the fact withholding isn't automatic.

The economic stimulus program will temporarily ease the impact by eliminating federal income taxes on the first $2,400 of unemployment benefits received this year. It's a one-shot break, though and the boost may last for just a few weeks.

The exclusion won't immediately help people who lost their jobs last year, like Eric Victorson of Issaquah, Wash., who was "dumbfounded" to learn the impact of taxes.

The 35-year-old business systems analyst was laid off in October, forcing him to get by on a $541-a-week unemployment check after making three times that from Microsoft Corp.

He didn't realize the tax jolt he'd get until this year. What would have been a $2,900 refund was whittled to $1,400 — halving an amount he needs to help him get by while he looks for a new job.

Unemployment taxes netted $7.2 billion for the federal government in fiscal 2008 and $32.4 billion for state governments, according to the Department of Labor. But tax expert Tom Ochsenschlager said taxing unemployment is "a silly rule" whose impact on the jobless is magnified during a recession.

"Historically maybe (taxation) hasn't been a huge disadvantage for families," said Ochsenschlager, vice president of tax for the American Institute of Certified Public Accountants. Taxing unemployment benefits right now, he said, is "trying to get blood out of a turnip."

Unemployment compensation typically ranges between roughly $100 and $400 a week, varying depending on recent pay level, state of residence and other factors.

Those seeking to minimize tax-time problems can request that income taxes be withheld from their unemployment checks or simply set money aside to make sure they can pay the taxes by April 15, if it's feasible. But that may be difficult, since, as Victorson noted, "the money barely is enough to survive on as it is."

Inna Shaulskaya, a 29-year-old New Yorker who was laid off from her job as a sales planner in November, learned about the taxes and signed up for withholding. But even with getting the maximum $405 a week for New York state, subtracting the taxes doesn't leave her enough to avoid tapping an emergency fund to pay her mortgage.

Taxing unemployment benefits, she said, is "not logical whatsoever."

"It's actually funny in a way: 'We'll help you out with the unemployment benefits and then we'll take some back!' " she said. "It would make better sense if they just paid less."

It hasn't always been this way. Unemployment compensation was tax-free until 1979, when the government made it partly taxable. The move came after some policy studies found tax-free paychecks reduced the incentive to find a job.

Congress then made benefits fully taxable in 1987. The $787 billion economic stimulus package signed into law last month is the first time since then that the tax has been even temporarily eased.

The 2009-only change wasn't enough for some, however.

"Taxing those seems like a really crazy practice to me," said Rep. Virginia Foxx, R-N.C., who is sponsoring legislation to get rid of all federal income taxes on unemployment benefits. "It's like giving with one hand and taking with another. I just think it's unfair to tax the benefits of these people who are struggling to find work, particularly in a difficult economic time."

Foxx said, however, that chances for her legislation passing are not strong.

The problem for some people stems from how they are notified about the taxes. States are required to offer the option of withholding federal income taxes from unemployment checks. But each state determines how to do that.

Karen Brunke, 41, who was laid off as a purchasing manager twice last year by ailing manufacturing firms, said she "came to a screeching halt" when she read the fine print on her unemployment benefits form and saw the tax warning.

"If I hadn't stopped and read that, I would have ended up owing a lot," said the resident of Coatesville, Pa.