Tax time is here again. The filing deadline for federal individual returns is April 17, 2012. You should be receiving your tax related documents now. You will need to bring in all documents labeled “important tax document” so we can prepare your return. Please also bring your organizer, filled out as best you can. This will save a good deal of time on our part, as well as trigger your memory regarding what we need to see. Please bring the entire year-end annual report from your brokerage. We are looking forward to seeing you soon.
February 3, 2012
December 2, 2011
2011 Tax Planning
Year-end tax planning is especially challenging this year because of uncertainty over whether Congress will enact sweeping tax reform that could have a major impact in 2012 and beyond. And even if there’s no major tax legislation in the immediate future, Congress next year still will have to grapple with a host of thorny issues, such as whether to once again “patch” the alternative minimum tax (e.g., to avoid a drastic drop in post-2011 exemption amounts), and what to do about the post-2012 expiration of the Bush-era income tax cuts (including the current rate schedules, and low tax rates for long-term capital gains and qualified dividends), and the expiration of favorable estate and gift rules for estates of decedents dying, gifts made, or generation-skipping transfers made after Dec. 31, 2012.
Regardless of what Congress does late this year or early the next, there are solid tax savings to be realized by taking advantage of tax breaks that are on the books for 2011 but may be gone next year unless they are extended by Congress. These include, for individuals: the option to deduct state and local sales and use taxes instead of state and local income taxes; the above-the-line deduction for qualified higher education expenses; and tax-free distributions by those age 70 1/2 or older from IRAs for charitable purposes. For businesses, tax breaks that are available through the end of this year but won’t be around next year unless Congress acts include: 100% bonus first year depreciation for most new machinery, equipment and software; an extraordinarily high $500,000 expensing limitation (and within that dollar limit, $250,000 of expensing for qualified real property); and the research tax credit.
We have compiled a checklist of actions based on current tax rules that may help you save tax dollars if you act before year-end. Not all actions will apply in your particular situation, but you will likely benefit from many of them. We can narrow down the specific actions that you can take once we meet with you to tailor a particular plan. In the meantime, please review the following list and contact us at your earliest convenience so that we can advise you on which tax saving moves to make:
- Increase the amount you set aside for next year in your employer’s health flexible spending account (FSA) if you set aside too little for this year. Don’t forget that you can no longer set aside amounts to get tax-free reimbursements for over-the-counter drugs, such as aspirin and antacids.
- If you become eligible to make health savings account (HSA) contributions in December of this year, you can make a full year’s worth of deductible HSA contributions for 2011.
- Realize losses on stock while substantially preserving your investment position. There are several ways this can be done. For example, you can sell the original holding, and then buy back the same securities at least 31 days later. It may be advisable for us to meet to discuss year-end trades you should consider making.
- Postpone income until 2012 and accelerate deductions into 2011 to lower your 2011 tax bill. This strategy may enable you to claim larger deductions, credits, and other tax breaks for 2011 that are phased out over varying levels of adjusted gross income (AGI). These include child tax credits, higher education tax credits, the above-the-line deduction for higher-education expenses, and deductions for student loan interest. Postponing income also is desirable for those taxpayers who anticipate being in a lower tax bracket next year due to changed financial circumstances. Note, however, that in some cases, it may pay to actually accelerate income into 2011. For example, this may be the case where a person’s marginal tax rate is much lower this year than it will be next year.
- If you believe a Roth IRA is better than a traditional IRA, and want to remain in the market for the long term, consider converting traditional-IRA money invested in beaten-down stocks (or mutual funds) into a Roth IRA if eligible to do so. Keep in mind, however, that such a conversion will increase your adjusted gross income for 2011.
- If you converted assets in a traditional IRA to a Roth IRA earlier in the year, the assets in the Roth IRA account may have declined in value, and if you leave things as-is, you will wind up paying a higher tax than is necessary. You can back out of the transaction by recharacterizing the rollover or conversion, that is, by transferring the converted amount (plus earnings, or minus losses) from the Roth IRA back to a traditional IRA via a trustee-to-trustee transfer. You can later reconvert to a Roth IRA.
- It may be advantageous to try to arrange with your employer to defer a bonus that may be coming your way until 2012.
- Consider using a credit card to prepay expenses that can generate deductions for this year.
- If you expect to owe state and local income taxes when you file your return next year, consider asking your employer to increase withholding of state and local taxes (or pay estimated tax payments of state and local taxes) before year-end to pull the deduction of those taxes into 2011 if doing so won’t create an alternative minimum tax (AMT) problem.
- Take an eligible rollover distribution from a qualified retirement plan before the end of 2011 if you are facing a penalty for underpayment of estimated tax and the increased withholding option is unavailable or won’t sufficiently address the problem. Income tax will be withheld from the distribution and will be applied toward the taxes owed for 2011. You can then timely roll over the gross amount of the distribution, as increased by the amount of withheld tax, to a traditional IRA. No part of the distribution will be includible in income for 2011, but the withheld tax will be applied pro rata over the full 2011 tax year to reduce previous underpayments of estimated tax.
- Estimate the effect of any year-end planning moves on the alternative minimum tax (AMT) for 2011, keeping in mind that many tax breaks allowed for purposes of calculating regular taxes are disallowed for AMT purposes. These include the deduction for state property taxes on your residence, state income taxes (or state sales tax if you elect this deduction option), miscellaneous itemized deductions, and personal exemption deductions. Other deductions, such as for medical expenses, are calculated in a more restrictive way for AMT purposes than for regular tax purposes. As a result, in some cases, deductions should not be accelerated.
- Accelerate big ticket purchases into 2011 in order to assure a deduction for sales taxes on the purchases if you will elect to claim a state and local general sales tax deduction instead of a state and local income tax deduction. Unless Congress acts, this election won’t be available after 2011.
- You may be able to save taxes this year and next by applying a bunching strategy to “miscellaneous” itemized deductions, medical expenses and other itemized deductions.
- If you are a homeowner, make energy saving improvements to the residence, such as putting in extra insulation or installing energy saving windows, or an energy efficient heater or air conditioner. You may qualify for a tax credit if the assets are installed in your home before 2012.
- Unless Congress extends it, the up-to-$4,000 above-the-line deduction for qualified higher education expenses will not be available after 2011. Thus, consider prepaying eligible expenses if doing so will increase your deduction for qualified higher education expenses. Generally, the deduction is allowed for qualified education expenses paid in 2011 in connection with enrollment at an institution of higher education during 2011 or for an academic period beginning in 2011 or in the first 3 months of 2012.
- You may want to pay contested taxes to be able to deduct them this year while continuing to contest them next year.
- You may want to settle an insurance or damage claim in order to maximize your casualty loss deduction this year.
- If you are age 70-1/2 or older, own IRAs and are thinking of making a charitable gift, consider arranging for the gift to be made directly by the IRA trustee. Such a transfer, if made before year-end, can achieve important tax savings.
- Take required minimum distributions (RMDs) from your IRA or 401(k) plan (or other employer-sponsored retired plan) if you have reached age 70-1/2. Failure to take a required withdrawal can result in a penalty of 50% of the amount of the RMD not withdrawn. If you turned age 70-1/2 in 2011, you can delay the first required distribution to 2012, but if you do, you will have to take a double distribution in 2012—the amount required for 2011 plus the amount required for 2012. Think twice before delaying 2011 distributions to 2012—bunching income into 2012 might push you into a higher tax bracket or have a detrimental impact on various income tax deductions that are reduced at higher income levels. However, it could be beneficial to take both distributions in 2012 if you will be in a substantially lower bracket that year, for example, because you plan to retire late this year.
- Make gifts sheltered by the annual gift tax exclusion before the end of the year and thereby save gift and estate taxes. You can give $13,000 in 2011 to each of an unlimited number of individuals but you can’t carry over unused exclusions from one year to the next. The transfers also may save family income taxes where income-earning property is given to family members in lower income tax brackets who are not subject to the kiddie tax.
July 13, 2011
Embezzlement Starts with Trust
An embezzler was testifying in his trial. The Judge asked how he could possibly have ingratiated himself so much with his victim and then steal from her. He replied, “Unless they trust you, you can’t steal from them”.
It is almost always the case that the person embezzling from their company is a very trusted individual. When the truth comes out everyone is totally shocked. So, protect yourself with good accounting policies and procedures and make sure everyone follows them. Make sure to limit who has access to bank accounts, make sure the bank statements and credit card statements are sent to and opened by the owner of the company, always ask questions of the bookkeeper, so they know their work is being watched. Get some sound advice from your CPA on internal controls, set them up and follow them. Also, get a whistle blower hot-line employees, customers and vendors can call anonymously to report experiences that didn’t feel right to them.
Live by the old adage “Trust but verify”. Nothing will protect you completely, but these steps help to prevent embezzlement and/or lessen the amount stolen before the embezzlement is discovered.
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June 23, 2011
Mileage Reimbursement Rates
The IRS has increased the standard mileage rates beginning July 1, 2011. For business the rate is $0.555 per mile, for medical and moving miles it is $0.235 per mile and charitable miles stays the same at $0.14
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June 20, 2011
How Long to Keep Tax Records
“How long do I have to keep my records?” is a frequent question we hear. The answer varies depending on whether it’s personal or business taxes, regular business or payroll records, federal or state rules. The IRS rules say all records must be kept for as long as they may be material to administering an Internal Revenue Law. For most things this is seven years following the later of the due date or the filing date of the return. Whereas the IRS has a statute of limitations of three years following the later of the due date or the filing of the return, they can investigate up to six years if they believe tax evasion or fraud may be involved. Most states can audit up to ten years after the filing of the return for business taxes. As many returns involved items that continue over multiple tax years, such as depreciation, installment sales and net operating losses, those returns and their documentation should be kept seven years after the final year’s return including such information was filed. If no return was filed, the statute of limitations has not started, so those documents can be required at any time. For simple, individual returns, saving the documents through the fourth year after filing is the minimum recomended retention time. For other returns, keeping the documents through the seventh year after filing is the minimum recomended time. If state business taxes are involved, keeping documents throught the 11th year is recommended.
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Doing Business in Other States
Many states are changing their laws regarding who is subject to their income and sales tax laws. Be very careful where you are selling your goods and services. The laws are changing dramatically from having to have a physical presence in most states to merely having customers in the state. This is particularly onerous for small businesses selling goods or services over the internet. Even Fortune 500 companies have trouble keeping up on all the laws for the various states, small business owners often don’t know the laws exist for them at all. Check the department of revenue and the secretary of state websites in the states you have customers or ship your goods. You may fall under the state’s taxing rules.
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June 6, 2011
Fraud Prevention Starts with Ethics
One of the best ways to prevent fraud and employee theft in your company is to have sound ethical and honest business practices from the top down. Ethics are often based on what others do in a given situation. So, if top management is lax with complying to sound, honest business practices, the staff be lax also. One staff asks another staff what to do in a given situation, and assumes the other staff is telling them correctly. If the staff sees management cutting corners, saying “they’ll never know”, or padding their expense accounts, the staff will assume this is ethical behavior for this company and act accordingly. If you demand honesty and integrity from your staff, you have to model it.
May 24, 2011
Groupons and WA State Taxes
I recently received a determination from WA Dept. of Revenue on how Groupons are taxed in Washington state. The Department determined Groupons are similar to gift certificates rather than discount coupons. However, the Department did concede, if the retailer knows the amount the customer paid for the Groupon, then the difference between that amount and the face value of the Groupon can be considered a price discount. If the retailer does not know what the customer paid for the Groupon, then the entire amount of the sale is subject to both sales tax and business and occupation tax.
For example:
Customer comes in with a $50 Groupon purchased for $30. Customer buys $75 worth of goods or services from you, the retailer.
If the employee ringing up the customer knows the $30 purchase price of the Groupon, the employee enters a $75 sale less a discount of $20 into cash register ($50 face value – $30 purchase price = $20 discount). The $20 is a reduction against the taxable amount of the sale. The employee then rings in the remaining $30 of the Groupon’s face value and $25 (plus tax) additional paid by the customer as payments for the net sale of $55 (plus tax) ($75 sale – $20 discount). The employee then explains to the customer what happened to the $50 Groupon when he only sees $30 of it on his receipt as payment.
If the employee doesn’t know how much the customer paid for the Groupon, he rings up the sale at $75 (plus tax) paid for with the $50 Groupon plus an additional $25 (plus tax) from the customer.
It behooves the retailer to know how much the customer paid for the Groupon. Not only does this effect the sales tax to be collected, it effects the business and occupation tax levied on the retailer. However, the retailer has to explain it all to the customer, which may negate the positive tax effects.
In either case, the retailer is paying business and occupation tax on the value of the sale even though Groupon keeps approxomately 50% of the purchase price of the Groupon and the retailer is discounting their goods or services.
May 20, 2011
1099 Reporting
Congress has repealed the two laws enacted in 2010 that would have increased the reporting requirements for businesses and created requirements for rental property owners. This is a huge relief for businesses, as the amount of work that would have been necessary to meet those new requirements was intense. Thank your congress person for this one.
December 17, 2010
Tax Law to be signed 12/17/10
Congress has acted, the President is expected to sign a tax bill which extends the tax rates we’ve been seeing since 2001, for the most part. The changes include decreased social security tax rate for employee’s withholding (not the employer’s matching, however), and makes 100% write-off of certain fixed asset purchases available for 2011. On the down side, the additional standard deduction for personal residence property taxes did not get extended. Federal income tax withholdig rates for employees will go up. Sales tax deduction is still available. The new law allows estates to opt in to estate taxes in 2010 and receive a stepped up basis on inherited items.

