New York/Connecticut Association of Tax Professionals | Robert Weinstein | Activity https://www.nyctatp.org/members/robertweinstein/activity/ Activity feed for Robert Weinstein. Sat, 02 May 2026 03:04:05 -0400 https://buddypress.org/?v= en-US 30 hourly 2 5cfcf2efc919bd219275cb7d1276d062 Robert Weinstein replied to the topic ProSystem fx &/or Axcess Planning in the forum Tax Discussion https://www.nyctatp.org/forums/topic/prosystem-fx-or-axcess-planning/#post-22914 Mon, 15 Dec 2025 18:50:33 -0500 I use pro fx. I have requested pricing from them. I know they are running a 50% special. Have they given you pricing? Who is your sales rep? Mine is Nick Shorr.

]]> baa18436d7d4cf9cf8061fe4a4c08b23 Robert Weinstein replied to the topic QBID for Rental Income.. to claim or not to claim... in the forum Tax Discussion https://www.nyctatp.org/forums/topic/qbid-for-rental-income-to-claim-or-not-to-claim/#post-21737 Tue, 01 Apr 2025 10:41:57 -0400 I don’t think the number of hours makes any difference. Since she also occupies the house I believe the rental portion does not qualify for QBID.

]]> 4847b51453fa739a0b6321c5602b63fd Robert Weinstein replied to the topic NEW YORK FORM IT-205 QUESTION HOW TO REPORT in the forum Tax Discussion https://www.nyctatp.org/forums/topic/new-york-form-it-205-question-how-to-report/#post-21734 Thu, 27 Mar 2025 17:13:51 -0400 Is your client filing a NYS tax return? If so this is “Fiduciary Adjustment” (subtraction) reported on IT-225. If not then you can ignore it.

]]> ff080edfe5bdc43ddd8e6db4550952e7 Robert Weinstein replied to the topic CT-1065/CT-1120SI and CT-PET Due Date/Extensions in the forum Tax Discussion https://www.nyctatp.org/forums/topic/ct-1065-ct-1120si-and-ct-pet-due-date-extensions/#post-21715 Wed, 12 Mar 2025 20:49:00 -0400 CT revised their notice. We have until April 15 to file the extension and pay.

]]> 458e35713ba6f6f5fb4b73fc638f9e87 Robert Weinstein replied to the topic Estate needs to file 1099-NEC? in the forum Tax Discussion https://www.nyctatp.org/forums/topic/estate-needs-to-file-1099-nec/#post-19988 Thu, 25 Jan 2024 17:10:41 -0500 There is no 1099 question on the Form 1041 but I usually issue them. The LLP should get one. It does not matter how the attorney is paid.

]]> c67f618588c7970a820c4a85eb7706ec Robert Weinstein replied to the topic RMD's from SEP for those still working in the forum Tax Discussion https://www.nyctatp.org/forums/topic/rmds-from-sep-for-those-still-working/#post-18588 Fri, 07 Apr 2023 17:18:38 -0400 The RMD exception apples to ERISA plans and EEs that are still working at that employer past the RMD date.
1. It only applies to EEs that are less than (or equal to?) 5% owners so she would not qualify in any case.
2. A SEP IRA is not an ERISA plan. It is an IRA so there is no exception.
3. Is her SEP a SEP 401k? Don’t know if this qualifies as an…Read more

]]> b6641d8e5851659b64788cfc6d2de881 Robert Weinstein replied to the topic Help with NYC tax self employed person in the forum Tax Discussion https://www.nyctatp.org/forums/topic/help-with-nyc-tax-self-employed-person/#post-17936 Thu, 03 Nov 2022 17:15:28 -0400 As a business doing business in NYC she is required to file an Unincorporated Business Tax Return (UBT) Form NYC-202….. Even if she will owe no tax.

]]> 84046ca8ce7acd06acb0401fb1a46e2a Robert Weinstein replied to the topic Commision of Life insurance policy sold in CA in the forum Tax Discussion https://www.nyctatp.org/forums/topic/commision-of-life-insurance-policy-sold-in-ca/#post-16902 Mon, 09 May 2022 15:55:24 -0400 I believe it does. I do not know if there is a de minimus amount allowed before there is a filing requirement.

]]> c1873e50991698f1b25206d4b89709c2 Robert Weinstein replied to the topic Commision of Life insurance policy sold in CA in the forum Tax Discussion https://www.nyctatp.org/forums/topic/commision-of-life-insurance-policy-sold-in-ca/#post-16885 Thu, 05 May 2022 23:24:38 -0400 There is nothing in the fact pattern of the Binder case that puts him in CA at any time. It says that since he performs similar services for clients both inside and outside CA he has a UNITARY business and that a Unitary business is subject to tax on the income derived from sources inside the state. That seems similar to your client. I think the…Read more

]]> a644359798d0984d84ca6460e7b4482f Robert Weinstein replied to the topic Commision of Life insurance policy sold in CA in the forum Tax Discussion https://www.nyctatp.org/forums/topic/commision-of-life-insurance-policy-sold-in-ca/#post-16880 Thu, 05 May 2022 17:40:53 -0400 Check out this link and let us know what you…Read more

]]> 306f8e3852591cd627669f7bf42c9163 Robert Weinstein replied to the topic United Nations employee in the forum Tax Discussion https://www.nyctatp.org/forums/topic/united-nations-employee/#post-16715 Wed, 16 Feb 2022 21:26:18 -0500 I have been doing one of these for many years. The income is reported on the W-2 line on the 1040 and then also on Sched SE. The UN also makes estimated payments for the taxpayer so make sure you get those from your client. The big question is if it is subject to the MTA surcharge. The NYS pubs say it is. According to my client the UN says it is…Read more

]]> d18f1328a980db7875f838dd4f3a89ed Robert Weinstein replied to the topic Daily Money Manager in the forum Tax Discussion https://www.nyctatp.org/forums/topic/daily-money-manager/#post-16451 Wed, 08 Dec 2021 18:25:13 -0500 Karen R. Caccavo <Karen@PersonalMoneyManager.net>
Call me at (914) 288-5229; (845) 634-0076; or (973) 532-2153. For information on my financial organizing services, visit my website, https://PersonalMoneyManager.net.

]]> dc0c836757247e1e6b325210418ef410 Robert Weinstein replied to the topic Liable for state taxes, lives in Thailand? in the forum Tax Discussion https://www.nyctatp.org/forums/topic/liable-for-state-taxes-lives-in-thailand/#post-15719 Wed, 01 Sep 2021 19:08:41 -0400 The instructions to the CT trust return define a resident trust and the filing requirements. It sounds like the trust has a CT filing requirement. As long as there is no CT sourced income flowing through the trust from a trade or business or real estate, and the only income on the k-1 is portfolio income, your beneficiary does not have to file in CT.

]]> af9e416d210e22243db32671502bbf5e Robert Weinstein started the topic Employee Retention Credit in the forum Tax Discussion https://www.nyctatp.org/forums/topic/employee-retention-credit/ Wed, 25 Aug 2021 19:22:31 -0400 I am looking for a service I can hire to claim the ERC for my clients. Any recommendations?

]]> b3059f52796b590671d5bf6512850828 Robert Weinstein replied to the topic Liable for state taxes, lives in Thailand? in the forum Tax Discussion https://www.nyctatp.org/forums/topic/liable-for-state-taxes-lives-in-thailand/#post-15675 Thu, 12 Aug 2021 16:26:34 -0400 Based on your facts there should be no requirement for a state return….. and you can amend any returns with an open SOL.

]]> 126fc6fb1795cf85767dc56421f2afc4 Robert Weinstein replied to the topic Someone familiar with 1041 and basis? in the forum Tax Discussion https://www.nyctatp.org/forums/topic/someone-familiar-with-1041-and-basis/#post-15405 Mon, 01 Mar 2021 17:44:24 -0500 The basis steps up to the dod value and you can ignore the prior depreciation. The dod value is presumed to be the sales price. If it was not occupied by a family member it is considered and ‘investment’ to the estate you can use the transactions costs of the sale to create a loss on the 1041

]]> d65d359cb19264dfca6118ad7d3cd7e3 Robert Weinstein replied to the topic 1065 K-1 with success based fees in the forum Tax Discussion https://www.nyctatp.org/forums/topic/1065-k-1-with-success-based-fees/#post-12995 Thu, 26 Sep 2019 14:40:21 -0400 This appears to be similar to syndication expenses which are capitalized. You did not say so, but if the ending capital account in item L is a positive number it is likely the same as the capitalized cost. If so, then you can deduct the capitalized costs on Sched D as a long term loss, up to the taxpayers outside basis.

]]> b1d086974db7d6f4500d1277fb686010 Robert Weinstein replied to the topic Insurance Company Payment 1099-MISC in the forum Tax Discussion https://www.nyctatp.org/forums/topic/insurance-company-payment-1099-misc/#post-5288 Thu, 21 Mar 2019 13:41:21 -0400 So if they went through the trouble to make a claim with the insurance company I’d say it is income; and it is more than 14 days so it should be reported. I would put it on a Sched C first and then move it to Sched E.

]]> 76850750903c67c539f1f50fdd08d79c Robert Weinstein started the topic 199A: Two questions..... in the forum Tax Discussion https://www.nyctatp.org/forums/topic/199a-two-questions/ Sat, 16 Mar 2019 13:17:24 -0400 Question 1:
Taxpayer: Schedule C loss = -$11,000. He is a HR consultant (SSB, however taxable income is under the phaseout threshold)
Spouse: Schedule C gain = $13,000. She is a real estate agent
Do these have to be netted to calculate the QBI and QBID?

Question 2:
Taxpayer has qualified dividends of $3,000 and a current year capital loss of…Read more

]]> ec3f898482813e4fa9c032c23d497e80 Robert Weinstein replied to the topic 199A - Option to not use final regs for 2018 in the forum Tax Discussion https://www.nyctatp.org/forums/topic/199a-option-to-not-use-final-regs-for-2018/#post-5092 Sun, 10 Mar 2019 19:25:50 -0400 Correction: With respect to the SEP for the S-Corp…. The SEP would be an above the line deduction at the corp level and reduce the QBI anyway. Still leaves the question about SE health open.

]]> a2aaa060de3791677b722435a0f0a986 Robert Weinstein replied to the topic 199A - Option to not use final regs for 2018 in the forum Tax Discussion https://www.nyctatp.org/forums/topic/199a-option-to-not-use-final-regs-for-2018/#post-5088 Sun, 10 Mar 2019 18:21:04 -0400 I take your point(s). Although the position of every seminar instructor I heard, prior to the final regs, three of whom were NY/CT ATP speakers, was that the adjustments were not subtractions; and that qualified dividends were not capital gains. So it is tempting.

So if the QBI is passthrough from an S-Corp the SE health and SEP would be a…Read more

]]> a8daa0183b9e12d6374252e728fc3749 Robert Weinstein replied to the topic 199A - Option to not use final regs for 2018 in the forum Tax Discussion https://www.nyctatp.org/forums/topic/199a-option-to-not-use-final-regs-for-2018/#post-5084 Sun, 10 Mar 2019 16:13:24 -0400 Tom hit it on the head. The subtraction for the “self employed adjustments” are not in the proposed regs. By leaving them out of the calculation it can make a big difference.
Also, including qualified dividends in the definition of capital gains is not in the proposed regs.
Also, rental real estate: The proposed regs did not contain the “trade or…Read more

]]> 098dffa31dcbcd1669e1d8c65da8327a Robert Weinstein replied to the topic 199A - Option to not use final regs for 2018 in the forum Tax Discussion https://www.nyctatp.org/forums/topic/199a-option-to-not-use-final-regs-for-2018/#post-5046 Sat, 09 Mar 2019 19:36:00 -0500 Found it: From the top of page 2 in the final regs…..

DATES: Effective date: These regulations are effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Sections 1.199A-1 through 1.199A-6 are generally applicable to taxable years ending after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. However, taxpayers may rely on the…Read more

]]> d2ddf8cfc7058b6d882733b478f1f3ab Robert Weinstein started the topic 199A - Option to not use final regs for 2018 in the forum Tax Discussion https://www.nyctatp.org/forums/topic/199a-option-to-not-use-final-regs-for-2018/ Sat, 09 Mar 2019 15:15:18 -0500 I have seen numerous references in articles and even a diagnostic in my tax software that says calendar year taxpayers can choose to ignore the final 199a regs and use the proposed regs for TY 2018. Has anyone seen any reliable authority on this from the IRS?

]]> 4d4c596d043ca98f574f2caa3556bb42 Robert Weinstein replied to the topic NY-Resident or Non-Resident? in the forum Tax Discussion https://www.nyctatp.org/forums/topic/ny-resident-or-non-resident/#post-2654 Wed, 31 Oct 2018 15:22:35 -0400 Since she has a job in NY she may qualify for additional deductions under the temporary job assignment rules of 1 yr or less. Won’t help her on the fed return but if she qualifies it may help on NY.

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