1040 Sch M when Sch F losses exceed W-2 income

A client just received a letter from IRS giving them the Make Work Pay credit when my interpretation is that they do not qualify.

Assume client otherwise qualifies for MWP and has the following--

W-2--- 40,000 Pension income-- 50,000 Schedule F loss of 45,000

My reading of Schedule M instructions including the worksheet says the Schedule F loss offsets the W-2 income and thus no 800 MWP credit (MFJ). Pension income should have no effect.

It appears IRS is not offsetting the W-2 with the Sch F loss and giving the

800 MWP credit to them.

Anyone else seen this or have any comments?

Reply to
CMS_VA_CPA
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It looks like there is a bug in the Schedule M-1 instructions. If you have earned income of 12903 the box 1a is checked and you get the full $800.

Line 1a

If you are filing Form 1040NR or can be claimed as someone else's dependent, skip lines 1a through 8, enter -0- on line 9, and go to line 10. You are not eligible for the making work pay credit, but you may be eligible for the government retiree credit. Wages. The amount of your wages is generally the amount reported on line 7 of Form 1040A or 1040.

Earned income. If you checked the ?No? box on line 1a, complete the worksheet on page M-2 and enter on line 1a the amount you figured using the worksheet.

So per the instructions you would never fill out the worksheet.

You would only fill out the worksheet if you only had earned income. But question 1 of the worksheet says to enter your wages, so anyone who follows the instructions and fills out the worksheet would have zero in line 1 of the worksheet.

Reply to
removeps-groups

Your interpretation is correct. The law states that earned income includes net earnings from SE less the 1/2 of SE tax deduction and it defines SE as including any farm income or loss. The instructions for Sched M are correct. They tell you to check the Box on 1a as "No" if you have a loss from the business and see the instructions. A Farm loss is a loss from the business. You then go to the M Worksheet and instructions. Upon completing the worksheet you will see that wages and the farm loss are added together. If zero or less, you do not qualify.

The IRS is wrong.

Reply to
Alan

Allan,

Thanks for your confirmation.

Charlie

Reply to
CMS_VA_CPA

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