February 1, 2012

What are the Tax Policies of the Two Leading Republican Candidates?

WH.jpgAs I was watching the coverage of the Florida primary last night, I started to wonder what the tax plans were for Newt Gingrich and Mitt Romney, the two leading Republican candidates in this years presidential election. So I did a little research. I write this blog purely to inform and not insert any personal feelings or politics at all. All the information I share is readily available on both candidates’ websites and you can go there to further your knowledge. My goal is to try and consolidate their tax plans into this blog post.

Newt Gingrich’s tax plan, in a nut shell, would give all individual taxpayers the choice between paying their taxes under the current tax system or a flat tax system of 15%. Corporate taxpayers would pay an income tax of 12.5% and be allowed to fully expense capital expenditures (subject to some exceptions).

Gingrich’s choice for individual taxpayers would slightly modify the current tax system by 1) making capital gains, dividends, and interest income tax free, 2) apply a standard deduction of $12,000 for each individual and dependent, and 3) eliminate most of the deductions and credits currently available except the deductions for mortgage interest, charitable deductions, child credits and earned income tax credit. Newt’s plan also repeals the AMT tax and the federal estate tax. It is unknown if the gift tax would be repealed or not. Note the individual “flat tax” is different than previously announced and publicized flat taxes because Gingrich’s flat tax maintains deductions and credits for his flat tax.

Based upon early estimates from the Tax Policy Center, Gingrich’s plan would reduce the federal governments revenue by about 35%. Please note these estimates can change greatly once the full policies are announced and disclosed.

Mitt Romney’s tax plan seeks to permanently extend the 2001-2003 tax cuts, eliminate taxation of investment income for most taxpayers, reduce the corporate income tax rate, eliminate the estate tax, reduce the gift tax and repeal the taxes implemented in 2010 with the health reform bill.

Romney’s plan would permanently extend all the 2001 and 2003 tax cuts and continue a patch on the AMT tax. The plan would eliminate the tax on long-term capital gains, dividends and interest income for married couples filing jointly with income lower than $200,000 ($100,000 for individuals and $150,000 for heads of households). Romney’s plan is to permanently repeal the estate tax but keep the gift tax with a maximum rate of 35% and lifetime exemption of $1 million.

Romney’s corporate tax plan will seek to 1) reduce the corporate income tax rate to 25%, 2) make the research and experimentation credit permanent and 3) extend for one year the full expensing of capital expenditures. The plan would also allow a “tax holiday” for the repatriation of corporate profits held overseas. This would allow companies to bring their profits back into the US without the profits being taxed. Currently, a business pays the income tax based upon the countries tax policy where the business is located. They then keep the money within that country to prevent it being taxed again when brought into the US due to the US’s current high corporate tax rate.

Based upon early estimates from the Tax Policy Center, Romney’s plan would reduce the federal governments revenue by about 16%. Please note these estimates can change greatly once the full policies are announced and disclosed.

To learn more on each candidates tax plan, go to their respective websites to find out more detailed information than I have provided here. Like I said, my goal was to summarize their proposals but not persuade you one way or another. I hope I was able to give you something to think about when it comes time for your state’s primary to take place.

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November 22, 2011

"Super Committee" not so super

2531.4525-220.jpgWell you may have heard yesterday that the “Super Committee” failed to reach an agreement on how to come up with 1.5 Trillion Dollars over the next ten years to reduce the nation’s debt. The “Super Committee” was formed earlier this year when Congress passed the spending bill to prevent the government shut down. Their mandate was to have a way to save money by November 23rd and then Congress had until December 23rd to pass a bill to enact the committee's recommendations.

It had been heavily rumored that the estate and gift taxes may be affected and lowered back to their 2009 levels. In fact, I had expected them to announce such a change this week. However, it was announced yesterday that they bipartisan group could not agree on how to cut spending or raise taxes in order to get to the 1.5 Trillion Dollar mark.

Although the “Super Committee” could not agree on how to come up with the numbers, they did state that they would pass onto Congress what progress they had made so far. Congress, under the spending bill’s mandate, has until December 23rd to pass a law to come up with the 1.5 Trillion Dollars. This means although the “Super Committee” failed, Congress still has the ability to act. This story is far from over…

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October 20, 2011

IRS Announces Its 2012 Inflation Adjustments

IRS.jpgThe IRS today announced its 2012 items which are adjusted for inflation. This list usually is not published until closer to Thanksgiving but came out early this year. Full details can be found in Revenue Procedure 2011-52. However, some of the highlights are:

1) The personal and dependent exemption will rise to $3,800.

2) The standard deductions for singles and married couples filing separately will rise to $5,950, for married filing jointly it will rise to $11,900 and for heads of household it will rise to $8,700.

3) The $2,500 maximum deduction for interest paid on student loans will not change for single taxpayers but will increase for married taxpayers filing joint returns. The phaseout will now begin at $125,000 and be completely phased out at $155,000.

4) The estate tax credit will rise in 2012 to $5,120,000 per person. Keep an eye on this one as it will be a hot topic in the Presidential race.

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October 5, 2011

IRS Offers Employers Program To Correct Worker Classification

IRS.jpgThe IRS recently offered a new program to allow employers to reclassify their workers from independent contractors to employees. The program is entitled the Voluntary Classification Settlement Program (VCSP).

The program allows employers to reclassify their workers who they currently (and incorrectly) deem to be independent contractors as employees. Prior to the program, employers would be forced to reclassify their workers and then pay all the owed employment taxes they should have collected, plus interest and penalties. The VCSP allows employers to lower their back taxes owed to 10% of the liability owed, forgiveness of all interest and penalties and not be subject to an IRS employment tax audit. For employers who enroll in the program, all monies due will be due immediately upon signing the agreement with the IRS.

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September 29, 2011

Small Businesses and Taxes

index.jpgYou will be hearing a lot about small businesses and having to give them tax breaks in order to increase the amount of jobs in the U.S. You hear this from both sides of the political aisle.

Recently though, the Treasury Department has redefined its definition of the "small business" and then did some research based upon the new definition. First, the new definition of a "small business" by the Treasury Department is "a firm that has combined income or deduction of at least $10,000 but not more than $10 million and one that operates in a businesslike manner."

Under this new definition, small businesses account for only about 17% of total business income. Further, this new definition would encompass 20 million owners, down from the old definition of 35 million. Of the new 20 million owners, only five million have any employees at all. This is the case with most businesses I set up for clients. Most of them are owner/operators and have no other employees except for a spouse or other co-owners.

Having stated the above, there are other government organizations that define small businesses differently. So when you hear the talk about tax breaks and other benefits for "small businesses" make sure you know what definition they are using.

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September 20, 2011

President Signs Bill Reforming Patent System

images.jpgWhy am I blogging about a bill that reforms the patent system? Because the bill signed by President Obama disallows attorneys from patenting an idea which is deemed to be a "tax strategy".

Last Friday, the President signed a bill which prevents an attorney from patenting a "tax strategy." A "tax strategy" under the bill is defined as any “strategy for reducing, avoiding, or deferring tax liability.” The tax strategy provision applies to “any patent application that is pending on, or filed on or after” Sept. 16, 2011.

In recent years, a lot of attorneys were creating tax strategies and then patenting them in order to license the idea to other attorneys and increasing their own income stream.

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September 15, 2011

IRS Provides Tax Relief to Victims of Hurricane Irene

Hurricane%20Irene.jpg The IRS is providing tax relief to the victims of Hurricane Irene. Certain taxpayers in New Jersey, New York, North Carolina and Puerto Rico will receive tax relief and other places may be added to the list after additional damage assessments have been made by the Federal Emergency Management Agency (FEMA). Certain tax filing and payment deadlines will be postponed until October 31, 2011. Corporations and businesses are included, even if they received an extension until September 15, 2011 to file their tax returns from last year. Individuals and businesses that had an extension until October 17 will receive the same extension. The relief also extends to those owing an estimated tax payment for the third quarter of 2011 which is usually due on September 15. Individuals should go to www.disasterassistance.gov for more information on disaster recovery.

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September 12, 2011

Tips for Employers Outsourcing Their Payroll

Payroll.jpg While businesses are outsourcing payroll duties, it is important for the businesses to remember that they are responsible for paying federal tax liabilities. This is very important for small businesses employers who do their own payroll. If you do not pay the IRS, they will come after you personally as you are the one responsible for the payment of the taxes.

The Internal Revenue Service has issued reminders due to recent litigation of those who have stolen funds for the payment of employment taxes. Deposit and payment of federal tax liabilities are up to the responsibility of the employer, even though payments are forwarded to a third party. If the IRS receives payment late or not at all, then the penalties and interest will have to be paid by the employer. The IRS recommends not changing the address of record to the third party increasing the employer’s ability to stay informed of tax issues. The IRS also suggests employers to select a payroll service provider that uses the Electronic Federal Tax Payment System (EFTPS). You can visit www.irs.gov for information on outsourcing payroll, payroll providers and EFTPS.

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September 8, 2011

Back-to-School Tips for Students and Parents Paying College Expenses

College%20Fund.jpg It is important for students or parents paying tuition or other fees for students attending college to keep receipts for some possible tax benefits that may offset these costs. The benefits can usually apply to you, your spouse or a dependent you claim on your tax return.

The American Opportunity Credit has been extended for the 2011 and 2012 year. This credit is available for the first four years of post secondary education and can be up to $2,500 per eligible student for taxpayers whose modified adjusted gross income is below $80,000. Forty percent of the credit is refundable, which means you can receive up to $1,000. The qualified expenses can be tuition and fees, supplies, equipment, and course related books. You may claim a Lifetime Learning Credit in 2011 of up to $2,000 of the qualified expenses for a student attending an eligible education institution if your modified adjusted gross income is below $60,000. There is no limit on the years that you may claim the Credit for an eligible student. The tuition and fees deduction can reduce the amount of taxable income by up to $4,000 for 2011 even if deductions are not itemized. You can usually deduct tuition and fees for qualified higher education expenses if your modified adjusted gross income is below $80,000. If your modified adjusted gross income is below $75,000, then you may deduct interest that you have paid on a student loan used for higher education. You can reduce the amount of taxable income by up to $2,500 without having to itemize the deduction.

For each individual student you many only claim one of the credits in a tax year. You can choose different credits for different students if you pay college expenses for more than one student in the same year. Visit the Tax Benefits for Education Information Center on the IRS's website for more information.

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September 2, 2011

Tips for Charitable Taxpayers

IRS.jpg If you are among the many taxpayers that made a donation to a charity this year, then you may be eligible for a deduction for it on your 2011 tax return. The Internal Revenue Service has provided information for taxpayers about deducting charitable donations.

To deduct a charitable donation, the donation must be made to an organization that qualifies. You can check the IRS Publication 78, Cumulative List of Organizations, or simply as the organization if they are a qualified organization. Your charitable contributions may only be deducted if you itemize deductions using Form 1040, Schedule A. you can deduct cash contributions and the fair market value of more property that you donate.

If you received something in return, you are allowed to only deduct the amount that is over the fair market value of the benefit you received. It is very important to keep good records of any and all contributions. Only contributions paid during the taxable year are deductible. If you make a contribution for more than $250, then you need to have a bank record, a written acknowledgement from the organization you contributed to, and must include the cash amount. If you donated items that are over $500, then you must complete a Form 8283, Noncash Charitable Contributions, and include the form with your return. If you donated items worth more than $5,000, then you must have the items appraised and then complete Section B of Form 8283 and include it with your tax return.

Make sure to determine if the organization you donated to is one of the 275,000 organizations that lost their tax-exempt status because they did not file their annual reports for three consecutive years. Check www.IRS.gov to view the list of organizations.

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September 1, 2011

Tips for Taxpayers Who Receive an IRS Notice

IRS.jpg There are millions of letters and notices sent to taxpayers by the Internal Revenue Service every year, but do not worry. Many of the notices and letters can be dealt with easily. There are many reasons why the IRS sends notices to taxpayers. The letter will cover a specific issue about your tax return or account and will give specific instructions on what steps you need to take to satisfy the inquiry. When receiving a correction notice, review your return with the information in your letter. If in agreement with the correction stated in your notice, then no reply is necessary unless you are required to make a payment. If you are in disagreement with the correction the IRS made, it is important to respond to the notice. Write to the IRS why you disagree, include any documents you want the IRS to consider, along with the bottom tear-off portion of your letter, and mail it to the IRS address on your notice. If you have questions, you can contact or visit an IRS office. Remember to keep copies of any correspondence for your records.

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August 31, 2011

Interest Rates Decrease for the Fourth Quarter of 2011

IRS.jpg The IRS made an announcement in Revenue Ruling 2011-18 that interest rates will be lowered for the calendar quarter starting October 1, 2011. The rates will be 0.5% for the portion of corporate overpayment exceeding $10,000; 5% for large corporate underpayments; 3% for underpayments; and 3% for overpayments (2% in the case of a corporation). The interest rate is determined each quarter by the Internal Revenue Service using the Internal Revenue Code. The interest rates are calculated from the federal short-term rate during July 2011 based on daily computing.

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August 30, 2011

Keep Good Records Now to Reduce Tax-Time Stress Later

Organizing%20Records.jpg While tax returns are the last thing on your mind while you are enjoying your summer, it is a good time to start planning for next year’s tax return. Taking the time to organize your records makes preparing your tax returns easier. It may also help you remember relevant transactions, prepare a reply to an Internal Revenue Service notice, or validate items if you are chosen for an audit. The IRS has a few things they would like to taxpayers to know about their recordkeeping.

Taxpayers do not need to keep records in any particular way. Taxpayers need to keep any and all documents that may be related to your tax return for three years. Some items that may be important to keep are bills; credit card and other receipts; invoices; mileage logs; canceled, imaged or substitute checks or any other proof of payment; and any other records to support deductions or credits you claim on your return. You should also keep records that related to property for at least three years after you sell or dispose of property. Taxpayers who are small business owners must keep all employment tax records for four years after the tax is paid or becomes due, whichever is later.

Publication 552, Recordkeeping for Individuals, Publication 583, Starting a Business and Keeping Records, and Publication 463, Travel, Entertainment, Gift, and Car Expenses all have more information for taxpayers about recordkeeping. All of these can be found at www.IRS.gov.

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August 29, 2011

Ten Tax Tips for Individuals Selling Their Home

Home%20for%20sale.jpg For those individuals who are selling or have sold their home, the IRS has some important information to keep in mind. If you have own and used your house as your main residence for two out of the five years before the sale date, you are usually eligible to exclude up to $250,000 of the gain from your income ($500,000 for a joint return in some cases). If you have excluded the gain of another home during the two-year period before the sale of this home, then you do not qualify for the exclusion and the gain is taxable. If you are eligible to exclude the entire gain from the sale of your home, you do not need to include the gain on your tax return. If you are required to report the gain, you must include it on Form 1040, Schedule D, Capital Gains and Losses, but you cannot deduct a loss from the sale of your main home. You can determine the adjusted basis of your house by using worksheets provided in Publication 523. You may only exclude gain from your main home, which is the home you primarily live. You are also required to repay the first-time homebuyer credit if the property you purchased is no longer used as your principal residence within 36 months from purchase. The repayment is due the year the property is no longer your principal residence with your income tax return. Be sure that when you move that you update your address with the Internal Revenue Service and the United State Postal Service.

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August 26, 2011

Ten Tips for Taxpayers Who Owe Money to the IRS

IRS.jpg For those taxpayers who are among those that owe money to the Internal Revenue Service, there are a number of ways to pay with the new policies and programs that the IRS has announced. If you have received a tax bill for late taxes, it is advisable to obtain a loan to pay the balance of the bill rather than make installment payments. The IRS may grant additional time to pay based on your circumstances by filling out the Online Payment Agreement on the IRS website. Because credit card interest is most likely lower than the interest and penalties you will incur by the IRS, you have the option to pay your tax bill with your credit card. You may also pay by check, money order, cashier’s check, cash or electronic funds transfer. Although not advisable, you may work out installment payments with the IRS if you owe $25,000 or less in combined tax, penalties and interest. Even if you owe more than $25,000, you may still qualify; you are required to fill out Form 433F, Collection Information Statement, for the IRS to determine if you may qualify. If you do qualify for an installment agreement, then you will have to pay a one-time user fee. Consider changing your W-4, Employee’s Withholding Allowance Certificate, as well if you have a balance due.

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August 25, 2011

Seven Tax Tips for Recently Married Taxpayers

Newlyweds.jpg The Internal Revenue Service has advice for soon-to-be-married and just-married individuals are rarely focusing on taxes after the wedding. First, it is important to notify any name change to the Social Security Administration so that when filing your next tax return the information will be correct. It is also important to report to the IRS if you have a new address by filling out Form 8822, Change of Address. Make sure to change your address with the United State Postal Service and report your name and address changes to your employer. Check the IRS Withholding Calculator to determine if you and your spouse will be placed in a higher income bracket. Be sure to select the correct tax form and choose the filing status that is best for you and your spouse to help save money.

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August 24, 2011

Ten Tax Tips for Individuals Who Are Moving This Summer

Moving.jpg While moving can be expensive, the Internal Revenue Service has tips on deducting some expenses if your relocation is due to new employment or a new job location. To deduct your moving expenses, the move have occurred within one year from the date you started work at a new location and the job location is at least 50 miles farther from your previous residence than your former job location. You are required to work full time for 39 weeks during the first twelve months after you have moved to the area of your new employment location, or 78 weeks during the first 24 months if you are self-employed. You may deduct your expenses before you have fully satisfied the requirement if your income tax return is due. You may deduct the expenses for lodging while moving to your new residence, as well as transportation expenses, the cost of packing, crating and transporting your personal property, along with the expenses of disconnecting or connecting utilities. Use Form 3903, Moving Expenses, to determine your deduction for moving expenses. You will also most likely have to include any reimbursement your employer may provide for moving expenses. Be sure that when you move that you update your address with the Internal Revenue Service and the United State Postal Service.

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August 23, 2011

Nine Cool Reasons to visit IRS.gov/espanol this Summer

IRS.jpg The Internal Revenue Service has provided free services and products to assist Spanish-speaking taxpayers at IRS.gov/expanol. Some features that you will be able to find this summer will be answers 24 hours a day, seven days a week. Tax forms and publications are available on the website to download at any time. Information on how to electronic file, as well as the status of a taxpayer’s tax refund, are available on the website. You can find eligibility for the Earned Income Tax Credit on the website. Getting assistance during financial difficulties can be found in “Centro Tributario para Asistir a Contribuyentes Desempleados” or by entering different keywords for your specific circumstance in the search box. Staying up to date on tax laws is easy by accessing the website, or even by using Twitter @IRSenEspanol.

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August 19, 2011

Best Places for Retiring

Take%20control%20of%20your%20retirement.jpg I just read an article talking about the best places to retire. This article focused on the cost of living and tax impact. There are many reasons why people retire in the locations they do. Weather, cost of living, health care availability and asset protection being a few of them.

When it comes down to it, it is a personal decision why you live where you live. Growing up in Ohio, a lot of Ohioans move to Florida due to the weather being better in the winter. It is as simple as that. Other clients though have built significant weather over their working years and have tax considerations and asset protection considerations to think of. I spoke with a client yesterday who was thinking of retiring and their biggest concern was asset protection - which is a state by state determination.

If taxes and cost of living are important to you and where you may retire, read Forbes' article "The Best Retirement Places."

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August 16, 2011

Time is ticking for taxpayers who filed for an extension

index.jpg It seems more and more individuals are filing income tax extensions on April 15th so that they do not have to file their income tax returns until October 15th. The October 15th deadline will be here before you know it.

I have spoken to several CPAs and they all agree that clients really should have all of their information to their CPAs within the next few weeks to give their CPAs time to create and edit the tax return. With children going back to school now, the tax return can easily get put onto the back burner. Make sure it does not as penalties and additional interest will start to accrue if nothing is filed by October 15th.

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July 27, 2011

Summer Day Camp Expenses May Qualify for a Tax Credit

Summe%20camp.jpg With children on summer vacation, extra expenses arise, including summer day camp. The Internal Revenue Service has added summer day camp expenses to help you qualify for a tax credit. For children that are under 13 years old, most parents have to arrange some form of day care. Some things that the IRS wants parents to know about the tax credit that is available for these expenses are as follows.

The Child and Dependent Care Credit is offered for expenses that occur during the school year and summer time. The price of the camp can count towards the child and dependent care credit. However, the costs for overnight camps do not count towards the credit. It does not matter if your childcare provider is a sitter at your house or a daycare facility, you will qualify for a tax benefit if you are eligible for the credit. The tax credit can be up to 35% of qualifying expenditures, depending on your annual income. Up to $3,000 of the unreimbursed expenses for one individual or $6,000 for two or more individual may be used to figure the credit. Look at IRS Publication 503, Child and Dependent Care Expenses for additional information.

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July 20, 2011

Tax Tips from the IRS for Students Starting a Summer Job

Savings.jpg Many students have started summer jobs now that school is out. The IRS is sending a little reminder to these students that some of the money must be withheld by your employer for taxes. When first starting out a job, you must fill out a Form W-4, Employee’s Withholding Allowance Certificate, which is used to determine the money withheld from each paycheck. Also make sure that each employee is withholding the correct amount of taxes if you have more than one summer job. If you receive tips, remember that they are subject to federal income tax. Even money earned from odd jobs, such as baby-sitting and lawn jobs, are subject to federal income tax. If you are self-employed and have net earnings of $400 or more, you will have to pay self-employment tax to pay for your Social Security benefits. The self-employment tax can be figured on Form 1040. Food and lodging payments to ROTC students involved in advanced training are not taxable, but active duty pay during summer advanced camp is taxable. There are special rules if you are a newspaper carrier or distributor. If you are in the business of delivering newspaper, your entire pay relates to services instead of hours worked, and you execute services under a written contract then you are a direct seller and will be treated as self-employed for income tax purposes.

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July 18, 2011

Difficulties for Same Sex Couples

Same%20sex%20marriage.jpg While same-sex couples can get married in the District of Columbia and five states, they are still unable to file a joint federal tax return, share their retirement benefits, protect each other’s assets from estate taxes, or benefit from multiple tax breaks provided through federal law. Because of this, married same-sex couples must do more financial planning than individuals who are not married. In 2008, there were about 565,000 same-sex couples across the United States, including an estimated 32,000 who were married.

The problem is that under the Defense of Marriage Act of 1996, same-sex marriage is not recognized by the government, even if allowed by a state government. As long as the same-sex married couples live in a state that will recognize their marriage, then many of the state-based rights will extend to them. It is recommended to sill have a health-care power of attorney naming their spouse if they travel somewhere that doesn’t recognize their marriage. Many same-sex couples end up filling out multiple tax forms since they are required to file their federal income-tax returns individually. They file individually with the federal government, a “dummy” joint federal tax return, and a married-filing-jointly state return based on the dummy federal return. This becomes very complicated.

However, the biggest problem occurs when there is a death of one the same-sex spouses. Inheritance, retirement plans, and marital deductions can all be treated differently when it comes to same-sex spouses because the federal government does not recognize the marriage.

To read more on this article, visit Headaches for Same-Sex Couples.

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July 12, 2011

Cost-Basis for Gifted Shares of Stock

Stock.jpg Receiving a gift of stock from a family member can become difficult when you decide to sell it. The tax on capital-gains due from the sale of stock is determined on what the original owner paid for the shares, along with mergers, spinoffs and stock splits that may have occurred since the purchase. Sometimes, however, finding the original basis can be made more difficult with time. Inheriting shares is significantly easier because the basis of the stock is based on the stock value at the time the individual who bequeathed it died. To solve the mystery of the original basis of stock, look at family archives for original investment statements. The library or internet may even have some clues. Even a copy of an original bank statement showing the amount the shares were purchased may help in some cases. If you plan on gifting shares of stock, make sure to give the cost-basis information too.

To learn more about this article, visit Tips for Solving the Cost-Basis Mystery .

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July 10, 2011

Transfer to Grandchildren while You can

Grandparents.jpg Congress allowed individuals to transfers their IRA account or 401(k) to a Roth IRA last year without the restriction that barred the conversion to those earning $100,000 or less. Individuals are allowed to give up to $5 million to their grandchildren without encountering the generation-skipping tax. The exemption is planned to end in 2013. Grandchildren will benefit more from a Roth IRA due to a longer life expectancy than a child. Due to the fact that Roth holders are not required to take distributions after the age of 70.5, the Roth IRA is the best way to save assets for their successors. Individuals are not required to pay income taxes on assets moved from another retirement account. Congress may end this estate-planning option before 2013, so take advantage of this deal while you can.

To learn more about this article, visit Clients Need to Act Fast to Benefit From Congress' Sweet Estate Planning Deal
.

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June 28, 2011

IRS Increases Mileage Rate to 55.5 Cents per Mile

Mileage.jpg An increase in the optional standard mileage rates for the final month of 2011 has been announced by the Internal Revenue Service. For all business miles driven after July 1, 2011 through the end of the year, the rate will increase to 55.5 cents a mile, which is a 4.5 cent increase. While the IRS usually updates the mileage rates once a year in the fall for the next year, the IRS made this change due to the raise in gas prices affecting individual Americans. The standard business mileage rate can be used to compute the deductible costs instead of tracking actual costs, which can also be used by federal government and many businesses that reimburse employees for their mileage. Also, there is an increase by 4.5 cents to 23.5 cents a mile for computing deductible medical or moving expenses. There is still the option for taxpayers to calculate their actual costs instead of using the standard mileage rates.

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June 16, 2011

Offshore Tax Disclosure Deadline Extended

End%20of%20month.jpg Taxpayers with undeclared offshore accounts will be allowed by the Internal Revenue Service to apply for a 90-day extension of the August 31 deadline for coming forth. This extension would let individuals request the extension in writing by showing a “good-faith attempt” to meet the August 31 deadline and detail the missing information. The taxpayers would need to detail the steps they are taking to retrieve the missing information. The IRS will allow taxpayers to avoid criminal prosecution and pay any penalties relating to accounts that were undeclared. Those individuals that come forward will pay as much as 25% of the highest annual amount in the account between 2003 and 2010. This announcement also includes a category of taxpayers who could quality to receive a 5% reduced penalty applying only to unreported financial assets. Non-U.S. residents who had $10,000 or less and comply with home-country tax laws can qualify for the 5% rate.

To learn more about this article, visit IRS Loosens Aug. 31 Deadline for Offshore Tax Disclosures.

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May 5, 2011

Small Business and the Tax Gap

Selected%20for%20Audit.jpg Current measures being taken to close the tax gap (the difference between taxes paid and tax owed) has begun to disproportionately affect small businesses. Part of this may be attributed to an increase in audits and information reporting requirements for small businesses, such as the new 1099 reporting requirement.

The National Research Program (NRP) generated tax gap estimates suggesting that the underreporting of income by small businesses represents $83-$99 billion of the $150-$187 billion individual income tax gap for 2001. After collection activities the total tax gap went from $345 billion to $190 billion. However, IRS auditors conducting NRP examinations have found that most underreporting of income that occurs is unintentional. The IRS focused its tax-gap study on individual tax income returns, and on returns not subject to withholding or third party reporting, causing an unfair skew towards small businesses. Hopefully, with increased audits, the tax gap will begin to shrink although there are always loopholes that will be used by businesses to decrease their taxable income.

To learn more about this article, visit Small Business and the Tax Gap .

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May 3, 2011

Planning for a Family Member with a Chronic Illness: Insurance Payments

irs.jpgToday, I will discuss the receipt of insurance payments by someone who is suffering from a chronic illness and whether or not they are subject to the income tax. Payments received under a disability insurance policy are income tax free if the policy premiums were paid by the insured personally and not paid by their employer. Further, long term care insurance payments are generally tax free as well except for policies that have dividends that are paid. The dividends portion is taxable.

Finally, the proceeds from life insurance are income tax free. However, newer policies allow you to borrow against the death benefit prior to death. The amount borrowed is generally income tax free if the client is terminally or chronically ill. However, the definition of "chronically ill" is defined under the IRS rules as: 1) being unable to perform (without substantial help) at least 2 activities of daily living (eating, going to the bathroom, bathing, dressing, etc) for a period of 90 days or more due to loss of functional capacity or 2) requiring substantial supervision to protect from threats to health and safety due to severe cognitive impairment. If you do not fit within the IRS's definition of chronically ill, the borrowed proceeds may be income taxable.

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April 25, 2011

Nine Facts on Filing an Amended Return

IRS.jpg With an amended tax return, you can generally file again to correct your filing status, your income, or add credits or deduction that you missed. The Internal Revenue Service has some pointers for those about filing an amended tax return. When filing an amended tax return to correct Forms 1040, 1040A or 1040EZ, use Form 1040X, Amended U.S. Individual Income Tax Return. You must file it by paper because an amended return cannot be filed electronically. It is not needed to file an amended return due to math errors or because you forgot to attach forms such as W-2s or schedules. The IRS will automatically make the correction or send a request asking for any missing documents. Do not forget to enter the year you are amending at the top of Form 1040X. Generally, you have three years from the date you filed your original form or two years from the date you paid the tax, whichever is later, to file Form 1040X. You must file a 1040X for each return if you are amending more than one tax return. They must be mailed in separate envelopes to the correct IRS campus, which can be found in the 1040X instructions. You must attach a form or schedule to the amended return if the changes involve either. Wait until you receive your tax return before filing Form 1040X to claim an additional refund. If you owe additional tax for 2010, file Form 1040X and pay the tax before the due date to reduce the interest and penalty charged that could accumulate on your account. Also note that Form 1040X has been redesigned and now has just one column where the Correct Amount is the only amount entered.

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April 22, 2011

Tips for Managing Your Tax Records

IRS.jpg After filing your taxes, there will be many records that will documents items on your tax return. If the Internal Revenue Service selects your return for examination, you will need these documents. The IRS has some tips about keeping good records. You should keep tax records for three years. There are certain documents—such as records relating to a home sale or purchase, stock transaction, IRA and business or rental property—that should be kept longer. The IRS does not require you to keep records in a specific manner. However, it is important to keep any and all documents that may have an impact on your federal income tax return. Some records that you should keep include credit card and other receipts, bills, invoices, mileage logs, canceled, imaged or substitute checks, proof of payment, and any other records to help support credits or deductions claimed on your return. See IRS Publication 552 at http://www.irs.gov for more information on the types of records to keep.

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April 21, 2011

Eight Facts on Penalties

IRS.jpg The Internal Revenue Service can assess a penalty if you fail to file, fail to pay or both when filing a tax return. The IRS has eight important points it would like to convey to taxpayers about penalties you may face if you do not pay timely or do not file. You may receive a failure-to-file penalty if you do not file your tax return by the deadline. You may receive a failure-to-pay penalty if you do not pay by the deadline. The failure-to-file deadline is generally greater than the failure-to-pay penalty. Even if you are unable to completely pay the taxes you owe, still file your tax return on time. The IRS will work with you to determine payment options for you. For filing late, the penalty is generally 5% of the unpaid taxes each month or part of a month that a tax return is late, to not exceed 25% of your unpaid taxes. The minimum penalty for filing your tax return more than 60 days after the deadline or extended due date is the smaller of $135 or 100% of the unpaid tax. You will usually have to pay a failure-to-pay penalty of ½ of 1% of your unpaid taxes for each month or part of a month after the deadline if you do not pay your taxes on time. This penalty could be up to 25% of your unpaid taxes. If a request for an extension of time has been timely filed and you paid at least 90% of your taxes by the filing deadline, you will not receive a failure-to-pay penalty if the remaining balance is paid by the extended deadline. If both penalties apply in any month, then the 5% penalty is reduced by the failure-to-pay penalty. The minimum penalty is small of $135 or 100% of your unpaid taxes if you file your return more than 60 days after the filing deadline or extended deadline. If you show that you failed to pay or file on time due to reasonable cause and not because of willful neglect, then you will not have to pay a failure-to-pay or failure-to-file penalty.

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April 20, 2011

IRS Announces Qualified Disaster Treatment for Japan

IRS.jpg The IRS issued guidance that authorizes the tsunami and earthquake in Japan in March 2011 as a qualified disaster for federal tax purposes. The guidance allows recipients of qualified disaster relief payments to exclude payments from income on their tax returns. It also permits employer-sponsored private foundations to help employee victims in areas affected in Japan without affecting their tax-exempt status.

There are generally two categories for charities—public charities or private foundations. A private foundation that is employer-sponsored may make qualified disaster relief payments to employees affected by a qualified disaster. The payments include amounts to help cover personal, family, living or funeral costs, as well as those to repair or rehabilitate personal residences or repair or replace the contents not covered by insurance. The payments received to help cover these costs would not be included in the recipient’s gross income. For federal tax law purposes, the IRS has decided that the tsunami and earthquake in Japan that occurred in March is a qualified disaster. Qualified disasters are usually Presidentially declared disasters, as well as other catastrophic events.

This guidance, however, does not affect those interested in contributing to the victims of the Japan tsunami and earthquake. There are simple steps for taxpayers to take to make sure that their contributions are made to charities eligible to receive tax-deductible contributions. More information can be found on the IRS website at http://www.irs.gov.

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April 19, 2011

Eight Things to Know if you Receive an IRS Notice

IRS.jpg Every year, the Internal Revenue Service sends out millions of notices and letters to taxpayers for various reasons. The IRS has some things they would like you to know just in case a notice or letter shows up in your mailbox. First, do not panic. Most letters can be dealt with painlessly and simply. The IRS may send you a notice for numerous reasons. It may request payment of taxes, request additional information, or notify you of changes to your account. The notice will cover a specific issue about your account or tax return and will have specific instruction on what you are asked to do. If it is simply a correction notice, look over the correspondence and compare it with the information on your return. No reply is necessary unless a payment is due or the notice otherwise directs if you agree with the correction. If you do not agree with the correction made, respond as requested. A written explanation as to why you disagree and any documents and information you want the IRS to consider, along with the bottom tear-off portion of the notice, should be sent to the IRS address shown in the upper left-hand corner of the notice. If you have any questions, call the number in the upper right-hand corner of the notice and have a copy of your return and correspondence on hand when you call. It is also important to keep any and all correspondence with the IRS with your records.

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April 18, 2011

Ten Things to Know about Tax Refunds

IRS.jpg When receiving your tax refund, you have three options: direct deposit, paper check, or U.S. Savings Bonds. To request to receive your refund by direct deposit among up to three separate accounts or to buy U.S. Savings Bonds, use Form 8888, Allocation of Refund. You will receive your refund within six to eight weeks if you file an accurate paper tax return and within three weeks if you file electronically. You can check your tax refund status online by going to http://www.irs.gov and click on “Where’s My Refund?” You can also check your tax refund status by phone by calling 800-829-1954 or with IRS2Go, which is a smartphone application. If your refund is delayed, it may be for several reasons. Tax Topic 303 on the IRS website lists common errors made when preparing your tax return. If you receive an amount that is larger than what you expected, do not cash the check and follow the instructions that are on the notice. If you receive an amount that is smaller than expected, then you can cash the check. If you have questions about the amount, you can call 800-829-1040. If you are missing your refund, the IRS will help you in receiving a replacement check for a lost or stolen refund check. If it was undeliverable because you moved, change your address online and the IRS can reissue the undelivered check.

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April 15, 2011

Three Ways to Pay Your Federal Income Tax

IRS.jpg If you cannot pay the full amount of the taxes that you owe by April 18, 2011, still file your tax return on time and pay as much as you can to avoid interest and penalties. Contact the IRS to ask about alternative payment options available to taxpayers. Three options are additional time to pay, installment agreements, and pay by credit card or debit card. Based on your situation, you may be granted a short extension to pay your taxes in full. The Online Payment Agreement application is available at http://www.irs.gov or by calling 800-829-1040 to request a brief amount of time to pay. Those taxpayers that receive an additional 60 to 120 days to pay their taxes will usually pay less in interest and penalties than if paid over a greater amount of time. Using the Web-based Online Payment Agreement, you can apply for an IRS installment contract on the IRS website which allows taxpayers who owe $25,000 or less in combined tax, penalties and interest to self-qualify, apply for and receive immediate notification of approval. You can also make a request by completing a Form 9465, Installment Agreement Request, making your request in writing or calling 800-829-1040. For those taxpayers with a balance over $25,000, a complete financial statement to determine the monthly payment amount for an installment plan is required. You can also charge your taxes on your Discover, Visa, MasterCard or American Express credit cards. You can pay by debit card as well, as long as it’s a Visa, or NYCE, Pulse or Star Debit Card. Contact one of the following service providers listed and follow the instructions to pay by credit card or debit card. The processing companies are: Link2Gov Corporation at 888-PAY-1040 or www.pay1040.com, RBS WorldPay, Inc. at 888-9PAY-TAX or www.payUSAtax.com, or Official Payments Corporation at 888-UPAY-TAX or www.officialpayments.com/fed. There is no IRS fee, but the processing companies may charge a fee.

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April 14, 2011

Taxpayers Have Extra Time to Make a Contribution to Their IRA This Year

IRS.jpg Taxpayers have a few extras days to make contribution to traditional Individual Arrangements this year. Emancipation Day, which is a legal holiday in the District of Columbia, will be observed on April 15, 2011, which moves the filing due date for your tax return and making contributions to your 2010 IRA to April 18, 2011. There are several things that the Internal Revenue Service wants you to know about setting aside retirement money in an IRA. It is possible that you may deduct some or all of your contributions to your IRA. There is a possibility of being eligible for the Savers Credit, formally known as the Retirement Savings Contributions Credit. You can make contributions to your traditional IRA during the year or by the due date for filing your return for the year, meaning that most people must make their contributions by April 18, 2011. If making the contribution during 2011 by April 18, then you need to designate the year targeted for the contribution.

Until you receive distributions from your IRA, the funds in your IRA are generally not taxed. To determine your deduction for IRA contributions, use the worksheets in the instruction for Form 1040A or Form 1040. The most that can be contributed to your traditional IRA for 2010 is usually the smaller amount of $5,000 ($6,000 for taxpayers 50 or older by the end of 2010) or the amount of taxable compensation for the year. To determine your eligibility for a tax credit equal to your contribution, use Form 8880, Credit for Qualified Retirement Savings Contributions. To claim this credit or to deduct an IRA contribution, you must use Form 1040A or Form 1040.

To contribute to a traditional IRA, you must be 70 ½ by the end of the tax year and must have taxable compensation, such as wages, salaries, commissions, tips, bonuses, or net income from self-employment to contribute to an IRA. If you file a joint return, generally only one of you needs to have taxable compensation. For additional rules and information on contributing to your IRA account, refer to IRS Publication 590, which can be downloaded at http://www.irs.gov.

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April 13, 2011

Ten Tips for Last-Minute Filers

IRS.jpg For taxpayers still working on your tax returns, the IRS offers ten tips to help. Taxpayers should file electronically using the IRS e-file. The IRS e-file is now the norm, not the exception, with 70% of all individual taxpayers using it to submit their tax returns to the IRS. Carefully check identification numbers for each person listed because missing, incorrect or illegible Social Security numbers can reduce or delay tax refunds. Make sure to double-check that you have properly determined the amount due or your refund when filing a paper return. If you are using the paper return or the Free File Fillable Forms, make sure to ensure that you have used the correct figure from the tax table. Make sure to sign and date your return. Do not forget that both spouses need to sign a joint return, even if only one individual had income. If someone prepared the return, they must sign it as well. When mailing a paycheck, be sure to make the check payable to “United States Treasury” and enclose it with, but do not attach it to, the tax return or the Form 1040-V, if used. Include the Social Security number of the first person listed on the return, a daytime phone number, the tax year and the type of form filed. The electronic payments options available are safe, secure and convenient methods to pay your taxes. Taxpayers need to file a return of request an extension by April 18, 2011. More helpful information is available on the IRS website at http://www.irs.gov.

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April 12, 2011

Seven Things about Getting More Time to File your Tax Return

IRS.jpg You can get an automatic six month extension of time to file from the Internal Revenue Service if you cannot make the April 18 tax filing deadline. Following is important information that you should know about filing an extension. If you have completed your tax return but cannot pay the full amount of tax, do not file for an extension. Pay as much as you can and file your return on time. The IRS will then send you a bill or notice with the remaining balance due. You can apply online for a payment agreement at http://www.irs.gov and click on “Apply for an Online Payment (OPA)” on the left side of the homepage under Online Services. Call the IRS at 1-800-829-1040 if you are unable to make any payments to discuss options available to you. If you need extra time to file so you can get all of your paperwork to the IRS, remember that the extension does not apply to the amount owed. You will be required to pay interest on any amount not paid by the deadline, plus the possibility of having to pay penalties. To request an extension, you have to submit Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, to the IRS by the April 18, 2011 deadline or make an extension-related electron card payment. For more information, see Form 4868. Both free file options are available on the IRS website to file an extension. If requesting an extension by your computer, you may choose to pay your balance due by authorizing an electronic funds withdrawal directly from your checking or savings account. You will need your bank routing and account numbers. To obtain Form 4868, simply download if off the IRS website, order it by calling 800-829-3676, or stop by your local IRS office.

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April 11, 2011

The Do’s and Don’ts of Bequeathing Assets

IRS.jpg Following are some do’s and don’ts for good advice regarding leaving IRS assets to your heirs. Before naming IRA beneficiaries, check with your estate planning attorney. Your will and the beneficiary form should be in agreement and an estate planning attorney can inform you on what to avoid, like leaving the IRA outright to your estate or a minor child. When leaving your assets, think about a charity as a possible beneficiary. Your estate will benefit from a charitable deduction and the charity will obtain the assets tax-free. Switch to a Roth IRA if you will not need to use any assets from your traditional IRA during your lifetime. Your assets will compound tax-free for your heirs and they will not owe any income tax on withdrawals when they inherit the assets. Discuss how to handle your IRA assets with your spouse. Do not fail to name or update beneficiaries for your IRA. The IRA administration will decide who will obtain the assets if no one is named. Do not forget to switch or change beneficiaries after a divorce, death or other major life event. Also, be sure to name beneficiaries on your application form when you switch providers. Do not name your estate as beneficiary because they will be required to take distributions within a specified period of time. Do not name a minor child as beneficiary. Minor children cannot be named a beneficiary of a retirement plans, so consider setting up a trust.

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April 8, 2011

IRS Issues Interim Guidance on Informational Reporting of Employer-Sponsored Health Coverage; Reporting is Voluntary for All Employers for 2011 and Small Employers for 2012

IRS.jpg Interim guidance has been issued by the Internal Revenue Service to employers about information reporting on each employee’s annual Form W-2 of the cost of the health insurance coverage they sponsor for employees, which can be found at http://www.irs.gov/pub/irs-drop/n-11-28.pdf. Comments on this interim guidance are being requested by the IRS. This new reporting to employee is for their information only, to notify them of the cost of their health coverage, and does not cause excludable employer-provided health coverage to become taxable. Employer-provided health care remains excludable from an employee’s income, and is not taxable. Employers are required to report the cost of employer-provided health care coverage on Form W-2 due to the Affordable Care Act. Last fall, Notice 2010-69 had made this requirement optional for all employees for the 2011 Form W-2. With the interim guidance provided, the IRS provided relief for employers filing fewer than 250 W-2s by making the requirement optional and continuing this option until further guidance is issued. Notice 2011-28 offers guidance for those employers subject to the requirement for 2012 Form W-2s, including information on how to report, what coverage to include and how to determine cost of the coverage.

The prior IRS Notice 2010-69 deferring the reporting requirement for 2011, Notice 2011-28 containing the new guidance, and 2011 Form W-2 are all available on http://www.irs.gov.

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April 7, 2011

Tax-Time Errors Filers Should Avoid

IRS.jpg Making mistakes on federal income tax returns means that it will take longer to process, and may cause your refund to arrive. Take caution against these following common errors to ensure that you receive your refund in a timely manner. When entering social security numbers for anyone listed on your tax return, make sure to enter them exactly as they appear on their Social Security card. Ensure that you are entering a dependent’s last name on your tax return exactly as it appears on their Social Security card. Be sure to choose the correct filing status for your circumstance: Single, Married Filing Jointly, Married Filing Separately, Head of Household, and Qualified Widow(er) with Dependent Child. See Publication 501 to determine the filing status that best fits your situation. Take your time with and double-check all math for your tax return. Check the routing and account numbers for your financial institution if you are due a refund and requesting direct deposit. Do not forget to sign and date the return. Both taxpayers must sign the return when filing a joint return. Those filing electronically must sign the return using a Personal Identification Number. Taxpayers filing Form 1040 or 1040A will use Schedule M to determine the Making Work Pay Tax Credit. Completing Schedule M will help taxpayers figure out whether they have already received the full credit in their paycheck or are due more money as a result of the credit. Those who file Form 1040-EZ should use the worksheet for Line 8 on the back of the 1040-EZ to determine their Making Work Pay Credit.

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April 6, 2011

Six Tips for Paying Estimated Taxes

IRS.jpg Estimated tax is a method used to pay tax on income that is not subject to withholding. You may need to pay estimated taxes during the year depending on what you do for a living and what type of income you receive. These following tips from the IRS will offer a quick look at estimated taxes and how to pay them.

You may have to pay estimated tax if you have income from sources such as self-employment, dividends, interest, rent, alimony, gains from the sale of assets, prizes or awards. Generally, you must pay estimated taxes in 2011 if both of the following apply: 1) you expect to owe at least $1,000 in tax after subtracting your tax withholding and credits, and 2) you expect your withholding and credits to be less than the smaller of 90% of your 2011 taxes or 100% of the tax on your 2010 return. Special rules apply for fisherman, farmers, certain household employers and certain higher income taxpayers. Sole Proprietors, Partners and S Corporations generally have to make estimated tax payments if expected to owe $1,000 or more in tax when filing your return. Use the worksheet in Form 1040ES to figure your estimated tax, including your expected gross income, taxable income, taxes, deductions and credits for the year. To avoid any penalties, be as accurate as possible. All you need to know to pay estimated taxes is provided on Form 1040ES, including instructions, worksheets, schedules, and payment vouchers. This can be going at http://www.irs.gov.

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April 5, 2011

Treasury Dept. and IRS Extend the Deadline for Filing Form 8939 Beyond the Previously Set April 18; Guidance to Follow with a New Deadline

IRS.jpg The Internal Revenue Service and the Treasury Department announced that Form 8939 will not be due April 18, 2011, and should not be filed with the final Form 1040 of persons who died in 2010. More guidance will be issued at a later date announcing the form due date. Following the release of more guidance will be the release of Form 8939, Allocation of Increase in Basis of Property Acquired from a Decedent, which is an informational return used to establish basis for income tax purposes of property acquired from a person who died in 2010. The estate tax was repealed for persons who died in 2010 under the Economic Growth and Tax Relief Reconciliation Act of 2001. However, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 reinstated the estate tax for persons who died in 2010. The law established that executors of the estates of decedents who died in 2010 to elect to have the rules of the estate tax not apply to the property of a decedent’s estate. This should be made in the manner and at the time prescribed by the Treasury Department. Future guidance will include a deadline for filing Form 8939 and for electing to have the estate tax rules not apply to the estates of persons who died in 2010. The prior deadline of April 18, 2011 still remains the deadline for filing a decedent’s final Form 1040. When the further guidance is available, it will be provided on http://www.irs.gov.

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March 29, 2011

Starting a Business? How to Choose the Right Ownership Structure

Open%20for%20Biz.jpg With Florida unemployment rates at high levels, many displaced employees – executives as well as workers – are examining opportunities to start their own businesses. Deciding on the right structure for that business is an important step in starting the new business off on the right footing.

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March 28, 2011

Seven Facts about Injured Spouse Relief

IRS.jpg If you file a joint federal income tax return and a portion or all of your refund is applied against your spouses’ past-due federal tax, state income tax, child or spousal support, or federal nontax debt, you may be entitled to injured spouse relief. To be considered an injured spouse by the IRS, you must have made and reported tax payments or claimed a refund credit and not be legally obligated to pay the past-due amount. Special rule apply to those who live in a community property state. See IRS Publication 555, Community Property for more information about community property laws. You may request your portion of the refund by filing Form 8379, Injured Spouse Allocation, if you are filed a joint return, are not responsible for the debt, and are entitled to a portion of the refund. You can file Form 8379 along with your original tax return or by itself after you are notified of an offset. When filing a Form 8379 with your tax return, write “INJURED SPOUSE” at the top left corner of your Form 1040, 1040A, or 1040EZ. If filing Form 8379 by itself, it must include both spouses’ social security numbers in the same order as they were listed on your income tax return. If you are claiming innocent spouse relief, do not use Form 8379 by itself; instead, file Form 8857, Request for Innocent Spouse Relief. This relief only applies in certain circumstance. The IRS Publication 971, Innocent Spouse Relief, explains the qualifications and how to request the relief.

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March 25, 2011

Taxpayers Abroad Can Choose IRS Free File; Don’t Forget to Report Foreign Accounts

IRS.jpg Those individuals living abroad can now use IRS Free File to prepare and electronically file their federal income tax returns for free. This means that U.S. citizens and resident aliens living abroad with adjusted gross incomes of $58,000 or less can use software and e-file for free. This may be even more attractive to those who claim the foreign earned income exclusion because the $58,000 limit applies after the exclusion of up to $91,500 is subtracted. Those eligible individuals claiming the foreign earned income exclusion on Form 2555 or the foreign tax credit on Form 1116 should check the software to guarantee it includes these forms. To start, visit www.irs.gov/freefile and select “Pick a Free File Company.” This will be open until October 17, 2011 to accommodate any taxpayers that received a six-month tax-filing extension and those individuals living and working outside the United States who received the special June 15 tax-filing extension.

As a reminder from the IRS, U.S. citizens and resident aliens are required by federal law to report income from all sources, including income from foreign trusts and foreign banks and securities accounts. Affected taxpayers need to fill out Part III of Schedule B in most cases, and need to report the country or countries in which the accounts are located. Taxpayers with foreign accounts whose aggregate value is over $10,000 during 2010 must file Treasure Department Form TC F 90-22.1 by June 30, 2011. Any taxpayers who failed to disclose foreign accounts or report foreign income in the past are encouraged to take advantage of the Offshore Voluntary Disclosure Initiative designed to help people with undisclosed income from hidden offshore accounts get current with their taxes. The full details about the initiative are on http://www.irs.gov.

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March 24, 2011

Beware of Tax Scams

IRS.jpg The Internal Revenue Service wants taxpayers to be conscious of tax scams. These illegal scams can lead to possible problems for taxpayers including possible criminal prosecution, interest, and significant penalties. They can take several forms, ranging from illegal ways of “untaxing yourself” to promises of large tax refunds. Three important things to keep in mind: 1) you, alone, are responsible and liable for the content of your tax return; 2) anyone who promises you a bigger refund without knowledge of your tax situation is most likely misleading you; and 3) never sign a tax return without looking it over to assure its accuracy. Some common schemes include return preparer fraud, identity theft, and frivolous arguments. With return preparer fraud, just remember that if it sounds too good to be true, it probably is. Dishonest tax return preparers derive financial gain by skimming money of client’s refunds and charging inflated fees for return preparation services. The IRS is implementing several requirements that will help increase confidence in the tax system. When dealing with the possibility of identity theft, it pays to be choosy when disclosing personal information. Frivolous arguments include things like the Sixteenth Amendment concerning congressional power to establish and collect income taxes was never ratified; that wages are not income; that filing a return and paying taxes are merely voluntary; and that being required to file Form 1040 violates the Fifth Amendment right against self-incrimination or the Fourth Amendment right to privacy. Do not believe these arguments. For more information about these or other tax scams, you can visit the http://www.irs.gov.

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March 23, 2011

Tax Refund Withholdings and Offsets

IRS.jpg The Internal Revenue Service or the Department of Treasury’s Financial Management Services (FMS) can offset or reduce federal tax refunds or withhold the amount to satisfy any money you may owe due to delinquent debts. The IRS would like you to know some information about tax refund offsets. Your tax refund will be used to offset any federal or state income taxes that you may owe. If an offset occurs, you will receive notice reflecting the original refund amount, offset amount, the agency receiving payment and the contact information of the agency. If you would like to dispute the amount, contact the agency using the information provided. If you are not responsible for the debt, you filed a joint return, and are entitled to a portion of the refund, you may request your portion of the refund by filing Form 8379, Injured Spouse Allocation. After being notified of the offset, attach Form 8379 to your original Form 1040, Form 1040A, or Form 1040EZ. When filing a Form 8379 with your tax return, write “INJURED SPOUSE” at the top left corner of your Form 1040, 1040A, or 1040EZ. If filing Form 8379 by itself, it must include both spouses’ social security numbers in the same order as they were listed on your income tax return. The injured party must sign the form and send it to the Service Center where you filed your original tax return. The IRS will then compute the injured spouse’s portion of the joint return.

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March 21, 2011

Why visit an IRS Taxpayer Assistance Center?

IRS.jpg The Internal Revenue Service has over 400 offices for taxpayers to receive face-to-face assistance. These Taxpayer Assistance Centers are your source for any questions you believe cannot be handled online or by phone. If you received any letters or notices and need assistance to understand what to do next, you can just walk in without an appointment for help. Tax forms and many publications are available at the centers. You can receive multilingual assistance in over 150 languages at IRS Taxpayer Assistance Centers. Free federal tax return preparation is available for those who qualify for EITC or whose income is less than $49,000. At IRS centers, you can make payments as long as you know the tax period and type of tax the payment covers. You can obtain help on preparing Form 2290, make a payment and get needed receipts at your local center. Taxpayers may also e-file and e-pay their Form 2290 too. An IRS Taxpayer Assistance Center can also help if you do not have a social security number but need to file a tax return. You will need to bring your completed tax return, Form W-7, application for IRS individual taxpayer identification number and certified identification documents to the center. You can also receive a federal tax return transcript from your local Taxpayer Assistance Center.

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March 14, 2011

Six Tips to Make Filing Taxes a Breeze

IRS.jpg Preparing to file your taxes should not be stressful. The Internal Revenue Service has some tips to help make filing your taxes easier this year. Do not procrastinate. This may lead to an oversight of potential tax savings and may cause you to make errors when filing. Visit the IRS website at http://www.irs.gov to find answers to questions and any news from the IRS. Use Free File offered by the IRS at http://www.irs.gov and let it do all the hard work. If you made under $58,000, you can use the free tax software offered on the website. Try the IRS e-file. Soon, many taxpayers may be required to file their taxes using e-file. By using e-file along with direct deposit, taxpayers could receive their tax refund in as few as 10 days. Do not panic if you cannot pay the full amount of tax you owe by the filing deadline. You should file your return by the deadline, pay what you can, and contact the IRS to discuss payment options at 1-800-829-1040. Contact the IRS and request an extension of time to file if needed by filing Form 4868. However, you are still required to pay on time and will be subject to a tax penalty is 90% if not paid by the deadline. To file a Form 4868, you can obtain the form at www.irs.gov/freefile, download it at http://www.irs.gov, or call 1-800-829-3676 to have a paper copy mailed to you.

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March 12, 2011

The Advantages of Family Limited Partnerships (FLPs)

PARTNERSHIP.JPGA Family Limited Partnership (FLP) provides four considerable advantages that are unavailable through any other asset protection vehicle.  These advantages are:

Asset Shield – a FLP can be used to protect business and personal assets from creditor judgment since a creditor of a partner cannot seize assets of the partnership to satisfy a debt.

Deter Litigation – a judgment creditor cannot seize the assets that are protected in a FLP, so having an FLP in place discourages creditors from filing a lawsuit since they will not be able to collect on any judgment.

Reduce Income Taxes – a FLP can be used to reduce income faxes by shifting income to lower bracket family members through gifting of partnership interests.  Gifting can be done to children or grandchildren over the age of 14.  A nonprofit organization can also be included as a partner in the FLP to further reduce taxes.

Reduce Estate Taxes – by gifting limited partnership interests valued at $10,000 or less to children or other family members each year, you can realize significant estate tax savings since these gifts will not be included in your estate for tax purposes nor subject to gift tax.

If you need more information on a Family Limited Partnership or other asset protection vehicles, contact our Jacksonville Florida estate planning law firm.

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February 11, 2011

Once last chance to Disclose Offshore Accounts to the IRS!

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The IRS is giving U.S. taxpayers one more opportunity to disclose hidden offshore accounts without criminal prosecution. IRS fines and penalties can run up to as much as $500k and jail time.

Taxpayers who come forward could pay up to a 25% penalty on whichever account had the highest annual amount between 2003 and 2010. However, at least taxpayers will avoid fines and jail time.

This new program runs through the end of August. The IRS claims to have their eyes on several offshore banks and will go after taxpayers who do not come forward before August 31 of this year.

A similar program was introduced in 2009, but it was far more generous than the current program set to expire later this year. If you have questions about income taxes or offshore accounts, you should contactan experienced tax attorney. To learn more about this article, please visit IRS Offers 2nd Amnesty on Offshore Accounts.

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December 27, 2010

Income Tax Provisions in the 2010 Tax Relief

2010%20Tax%20Relief%20Act.jpg A “compromise” package has been signed by President Obama. The estimation of the 10-year cost of the Act is to be about $858 billion with most of the provisions of the bill sunsetting at the end of 2012. This means there is fuel for the fire already for the 2012 Presidential election.

With the background information provided, we will be posting a closer look at key provisions of the 2010 Tax Relief Act as it pertains to your income taxes.

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December 20, 2010

A Tax Bill is FINALLY passed

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Last week, in the 11th hour, actually closer to midnight, Congress passed a tax extender bill for the President to sign. I will be blogging a lot over the next few weeks to give more details on the entire tax package as it introduces a few new concepts into the tax code, one of which is the portability of the unused estate tax exemption. So stay tuned….

If you have any questions in the meantime, please call our Jacksonville estate planning attorney to discuss how the recent tax bill will benefit you.

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June 25, 2010

Get the Facts on IRA Conversion

2010 not only ushered in the death of the estate tax, it also gave us the opportunity to take tax-free withdrawals on IRA investments by converting traditional IRA assets to Roth IRAs.

This year, income limits on conversions were lifted to allow anyone to convert from a traditional IRA to a Roth IRA and spread the associated taxes over two years (2011-12).

The benefits to converting:

You can take tax-free withdrawals in retirement from a Roth IRA; withdrawals from a traditional IRA are taxed as ordinary income;

You are not required to take retirement distributions with a Roth, and can let the money accumulate for your heirs.

Generally, the younger you are, the more it makes sense to make the conversion. Seniors who are already in retirement need to examine if they will have enough time and resources to recover from the tax hit.

You can roll your 401(k) into a Roth IRA as long as you are no longer employed by the company where your 401(k) resides. You will owe taxes on the deductible contributions and investment earnings when you convert.

To get all the facts and understand the tax consequences of converting from a traditional to a Roth IRA, you should speak with an estate planning attorney.

Need to learn more about protecting your assets through careful estate planning? Contact our Jacksonville Florida estate planning law firm.

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June 4, 2010

Gifting Between Spouses Continued

My last blog on gifting between spouses discussed an irrevocable trust that allows spouses to gift into irrevocable trusts while still maintaining control and allowing the assets to grow income tax free and pass estate and gift tax free to the beneficiaries.  However, doing so is not as easy as it sounds. 

The type of assets that may hold are cash, stocks, bonds, insurance, real property and business interests to name a few.  The amount that may be transferred into the trusts though is the tricky part.  The IRS has a rule, called the 5 and 5 rule, which states that when an annual exclusion gift is placed into an irrevocable trust for a spouse, a portion of the transfer will be included in the spouse's estate if the transfer is greater than $5,000 or 5% of the value of the trust property. 

Taking the 5 and 5 rule into account, if the trust has no asset in it, then $5,000 will be the limit for transferring assets into the trust until such a time arises that 5% of the value of the trust becomes greater than $5,000.  At that point, then the amount that may be transferred per year will be 5% of the trust assets until you reach the annual gift exclusion amount (currently $13,000 per year in 2010).  You can transfer $260,000 in year one into the trust tax free by filing a gift tax return and borrowing against your lifetime gift exemption ($1,000,000).  By doing this, 5% of $260,000 is $13,000 and you may then transfer the maximum amount per year.  This second technique is super charging the trust and dramatically increases the amount that passes to your beneficiaries completely tax free.  By creating these trusts, you are creating a second estate tax exemption above and beyond the exemption that the IRS currently allows. 

To discuss the benefits of these trusts, please contact an estate planning attorney.

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June 2, 2010

Gifting Between Spouses

Generally, when clients make gifts, they make them to their children and grandchildren in an amount that is completely free from the gift tax (currently in an amount equal to $13,000 per year).  However, you may use the same logic to make gifts between spouses.  The best part...you do not lose control of the money and it passes to your beneficiaries free from the estate tax.  It must be done correctly though.

First, set up an irrevocable trust, where the donor spouse is the trustmaker and the other spouse, the donee, is the beneficiary.  The donee spouse may also be the Trustee so you do not lose any control over the assets.  The Trustee then may pay out of the trust for the beneficiary’s health, education and maintenance.  By limiting the distributions to this standard, the assets held in the irrevocable trust are asset protected for the beneficiary.Further, the trust is generally structured as a grantor trust, meaning that the income taxes that would be owed by the trust are actually paid by the trustmaker.  By structuring it as a grantor trust, then the assets in the trust will grow income tax free as well!  In my next blog, I will discuss the rules that apply to transfers to the trust as there are specific requirements for gifts between spouses to ensure that they are free from gift taxes.

To learn more about spousal gifitng, please consult with an estate planning attorney.

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May 20, 2010

Jacksonville Tax Attorney Details Ways to Help Avoid an IRS Audit

Our income taxes fund the U.S. Treasury, and those of us who earn more than $100,000 annually contribute more than 60% – so it is no surprise that this is the group scrutinized the most by the IRS.

The IRS has refocused its priorities to target the wealthy (those earning more than $1 million), the self-employed, small businesses and tip-income workers, so if you fall into any of these categories, you need to ensure your return doesn’t attract unwanted attention from IRS auditors.

Some red flags:

Offshore accounts – bank accounts and credit cards issued by offshore banks virtually shout to the IRS: “Audit me!”  If you bank outside the U.S., be prepared to show good reason why.

Shady trust accounts – attempting to shelter income or assets in a family or business trust generally does not fly with the IRS.  Any trust accounts you set up should be done so with the input and advice of an estate planning and tax attorney.

Illegitimate business expenses – there are strict rules on what constitutes a legitimate business expense; one cannot convert personal expenses into business expenses simply by reclassifying them as such.

Tax protest schemes – many have been tried and failed; there is no “secret” way to shield your income from taxes.

To ensure you are not vulnerable to an IRS audit, consult an estate and tax planning attorney.

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May 18, 2010

Jacksonville Estate Planning Attorney Says It Is Not Too Early To Start 2010 Tax Planning

Most of us have submitted our 2009 taxes and breathed a sigh of relief that we don’t have to pay attention to another tax return until 2011 rolls around.  Not so fast.  New laws enacted over the past year have made figuring taxes a challenge, and that trend will continue with 2010 returns due to the passage of the new health care legislation.

Do you have a healthcare savings account (HSA)?  In 2010, the penalty for non-qualified distributions double, from 10 to 20 percent.  In 2011, over-the-counter drugs will no longer qualify as a HSA expense – only prescription drugs and eyeglasses and insulin qualify.  And if you do not use all the money you have set aside in your HSA during the year, you will likely lose any remaining balance.  Beginning in 2013, there will be a $2,500 cap on how much you can put into your healthcare savings account.

Also taking effect in 2013 is a 3.8 percent tax on net investment income for those single taxpayers earning $200,000 or more, or joint filers with gross income of more than $250,000.  This is in addition to capital gains and other required taxes.  This tax does not apply to qualified pension plans, IRAs, 401(k) plans, municipal bonds or tax-exempt interest.  A higher Medicare tax will also go into effect in 2013 for higher-income households.  See my blog posts from April 19th, April 21st ad April 23rd.

On the horizon:  the Obama administration’s proposal to increase the top 15 percent capital gains tax to 20 percent in 2011 for those with household incomes exceeding $250,000.  And if the 2001 and 2003 federal tax cuts are allowed to expire, tax rates for high-income households can go even higher.

If you have questions about how new legislation may affect your estate and tax planning, consult an estate planning attorney.

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May 16, 2010

The Pooled Charitable Trust: Jump In, The Water’s Fine

Most people think that to receive tax benefits from a charitable trust, they have to have large sums of money to donate and an army of tax lawyers to set up and administer the trust.  But with a pooled charitable trust, you can donate as little as $5,000 and receive tax benefits.

A pooled charitable trust is just what it sounds like – a trust set up by a charity or investment company that accepts donations from anyone, then pools the donations into one investment fund.  Dividends are paid to donors according to the fund’s earnings and the donor’s contribution.

Most pooled charitable trusts have minimum initial donation levels, but then allow donors to contribute subsequent amounts in as little as $1,000 increments.  You can make contributions via cash, stocks or bonds.

Each time you make a donation to the pooled charitable trust, you can take an income tax deduction.  If you donate stocks or bonds, you can convert those assets into income-generating vehicles without paying capital gains taxes.  If you owned the stocks or bonds for over a year, the charity doesn’t have to pay capital gains either.

Any payments you receive from the trust are considered regular income, but you can request that your earnings be retained until you reach a certain age.  Upon your death, the charity receives your donations outright, without probate.

If you’d like more information on pooled charitable trusts, consult a Florida estate and tax planning attorney.

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May 14, 2010

Jacksonville Tax Attorney Advises Floridians to Use 2009 Refund Wisely

The average income tax refund in 2009 will be over $3,000 and if you are like many Americans, you may be tempted to spend it all on a vacation or shopping spree.  However, there are wiser ways to spend that refund check that will pay dividends for a more secure financial future:

Pay off debt – by paying off credit card debt that may be costing you 15% or more in interest, you can save yourself a significant amount of money over time.

Save – for retirement, for college, or for an emergency.  Keep emergency funds in an interest-bearing account that is accessible at any time; invest retirement money in a traditional or Roth IRA.  Start or contribute to a 529 college savings account.

Buy energy-efficient appliances – beginning April 16, 2010, Florida will implement a program that pays you a 20% rebate for replacing an old appliance with ENERGY STAR® qualified appliances.  Eligible products include refrigerators, freezers, dishwashers, clothing washers, room air conditioners and gas tankless water heaters.  You can also receive an additional $75 rebate with proof that you recycled the old appliance.

To determine the best ways to provide a secure financial future for you and your family, consult an estate and tax planning attorney.

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May 7, 2010

Bill Introduced to Extend the First-Time Homebuyer Credit

On April 28, 2010, Indiana Democrat, Brad Ellsworth, introduced a bill, H.R. 5168, to extend the first-time homebuyer credit through December 31, 2010.  The orignal credit ran out on April 30, 2010.  The tax credit for first-time home buyers is $8000 while the tax credit for repeat home buyers is $6500.  To qualify as a repeat buyer, you must have owned your home for five consecutive years out of the prior eight years.

Further, if you are a single taxpayer, your income must be lower than $125,000.  The limit is $225,000 for married couples filing jointly.  The home being purchased must be valued at $800,000 or less to qualify.  If the home is purchased from a relative or your spouse, it also will not qualify for the tax credit.

If you purchased your home in 2010, you may amend your 2009 return to include the tax credit.  The IRS requires a copy of the HUD statement along with form 5405 to be filed along with the tax return.

To speak more about the first-time homebuyer credit, please contact a tax professional to answer all your questions.

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April 23, 2010

Plan to Avoid the New Medicare Surtax

Previously, I’ve discuss how the new Medicare Surtax works and provided a few examples on how to calculate the amount to be taxed.  This new tax is easily avoidable though with just a little planning.  Again, it does not come into effect until January of 2013!  Below are two examples which illustrate a quick way to avoid the tax:

1)      Keith, a single man, has NII of $200,000 and a required minimum distribtion from his traditional IRA of $125,000.  He will owe tax on $125,000 of income (lesser of 1) NII of $200,000 or 2) excess of $325,000 of MAGI over $200,000 threshold).

2)      Kim, a single woman, has NII of $200,000 a distribution of $125,000 from her Roth IRA.  She will not be subject to the tax (lesser of 1) NII of $200,000 or 2) excess of $200,000 of MAGI over $200,000 threshold).  The key to this example is the fact that the distribution from the Roth IRA is NOT includible in MAGI.  This may be something to contemplate in whether or not to convert to a Roth IRA.

While the new tax does not come into effect until January 1, 2013, it is never too late to start planning.  You have some options – you can either convert to a Roth IRA to reduce your future MAGI or decrease your NII by changing your investment portfolio.  If you are interested in learning more about the new Medicare surtax, please consult with a tax professional.

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April 21, 2010

Medicare Surtax Examples

A few days ago, I blogged about a new Medicare Surtax that was included in the recently signed Health Care Bill.  For purposes of review, the taxable amount is equal to the lesser of 1) net investment income or 2) the excess of modified adjusted gross income over a threshold amount

Investment income includes income sources such as interest, dividends, capital gains, annuities, rents, royalties and other passive activity income.   Net investment income simply equals investment income minus investment expenses, lets call that NII.Modified adjusted gross income is your adjusted gross income plus the net foreign income exclusion amount, lets call that MAGI. Finally, the threshold amount is $250,000 for married taxpayers filing jointly, $125,000 for married taxpayers filing separately and $200,000 for single taxpayers.  Here are a few examples on how to determine the amount that is taxable:

1)      Matt, a single man, has $100,000 of salary and $75,000 of net investment income.  His MAGI would be $175,000.  Matt would not owe the additional tax because his MAGI is below the $200,000 threshold.

2)      Lora, a single woman, has $250,000 of net investment income and no other income.  She would owe the tax on $50,000 of income (lesser of 1) NII of $250,000 or 2) the excess of $250,000 of MAGI over $200,000 threshold).

3)      Mark and Danielle, married filing jointly, have $500,000 of salaries and no NII.  They will owe no tax because they have no NII.

4)      Mike and Barb, married filing jointly, have $450,000 of salaries and $50,000 of NII.  They will owe tax on $50,000 (lesser of 1) NII of $50,000 or 2) excess of $450,000 of MAGI over $250,000 threshold).

5)      Doug and Darlene, married filing jointly, have $300,000 of salaries and $150,000 of NII.  They will be taxed on $150,000 of income (lesser of 1) NII of $150,000 or 2) excess of $450,000 of MAGI over $250,000 threshold).

My next blog will show a few examples in which you can further avoid the new surtax and discuss some planning that cna be done to avoid the tax.  Planning should start now!To answer any questions in regards to the new surtax, please consult with a tax professional.

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April 19, 2010

New Medicare Surtax is on its way!

Do you see yourself fitting into any of the following: having a traditional IRA that is or will require you to take a large required minimum distribution upon you obtaining the age of 70 ½ years of age; owning rental properties that pay you rent that is greater than the expenses related to the property; or having an investment portfolio that is full of annuities and investments that pay large dividends.  If so, beginning on January 1, 2013, there will be a new Medicare surtax, meaning that you could pay additional Medicare taxes above what you already pay.  The new tax rate is 3.8%.  The taxable amount is equal to the lesser of 1) net investment income or 2) the excess of modified adjusted gross income over a threshold amount.  First, let me try to simply define the terms above.

Investment income includes income sources such as interest, dividends, capital gains, annuities, rents, royalties and other passive activity income.   Net investment income simply equals investment income minus investment expenses, lets call that NII.

Modified adjusted gross income is your adjusted gross income plus the net foreign income exclusion amount, lets call that MAGI.  Don’t worry about the foreign income exclusion amount for now. 

Finally, the threshold amount is $250,000 for married taxpayers filing jointly, $125,000 for married taxpayers filing separately and $200,000 for single taxpayers.  Over the next few days, I will be giving a series of examples to further explain how this new surtax will work.

To further discuss this new surtax, please conult with a tax professional to answer all of your questions.

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April 2, 2010

Florida Tax System

Although Florida has no income tax, intangibles tax, gift tax, estate tax or generation skipping tax, Florida still has a few taxes that new residents need to be aware of.

Sales Tax:  Florida has a state sales tax that is 6%.  Each county then may impose an additional sales tax from .25% to 2.5% which is computed on the first $5,000 of the purchase price.  The $5,000 limit, however, does not apply to certain rentals or services.  The sales tax is paid directly to the seller at the time of the purchase.

Use Tax:  Florida has a “use” tax which is a tax on certain purchases made outside of the state within 6 months of bringing it into Florida.  The tax rate is 6%.  Examples of purchases subject to this tax are items bought online or furniture bought in another state.  Items that are bought in another state and used there for over 6 months are exempt from the use tax.  Further, you do not owe the tax if you paid at least 6% in tax when you purchased the item.  However, if you paid less than 6% tax on the item, you will owe the difference to equal 6 percent.  Finally, if the tax, once computed, is less than $1.00, you do not have to pay the tax.

Ad Valorem Tax:  Also known as property tax.  This tax is assessed by the county’s property appraiser and collected on an annual basis.  If your property is homesteaded property, you get a $25,000 exemption plus a cap on the assessed value and the amount it can be increased per year.  There are additional exemptions for disabled individuals.

Doc stamp tax: When you purchase a piece of real property, you pay a doc stamp tax based either upon the amount paid for the property or the mortgage on the property.  Most documents that are recorded with the Clerk of the Court require the doc stamp tax to be paid.  This tax is paid usually to the Clerk of Courts office.

There are other taxes such as the registration fees you pay for your motor vehicle, fuel taxes, hotel taxes and the list goes on and on.  To find out more information about the taxes that Florida residents must pay, please contact a tax professional with knowledge of the Florida tax system.

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March 31, 2010

Florida Business Income Tax

Although Florida is a great state for individuals to move to from a tax standpoint, Florida still has a tax system, both for individuals and business entities.  Unless they are exempt, a business that earns and receives income in the State of Florida must file a corporate income tax return.   Sole proprietorships, individuals, estates and certain trusts do not have to file an income tax return since they are exempt.  An LLC (unless it is a single member LLC owned by an individual), partnership, joint venture and C corporation must file a state income tax return.  An S corporation usually will not have to file a return unless they have federal taxable income, in that case they must also file a state income tax return.

The amount of money taxed in Florida is based upon the federal taxable income modified by certain Florida adjustments to come up with your Florida net income.  The tax rate is 5.5%.  If your business owes more than $2,500 in Florida income tax annually, then it must make estimated payments.

There are many other rules involved in dealing with your business taxes in Florida.  To discuss Florida’s business tax rules as they relate to you, please contact a tax professional to set up a meeting to discuss your situation.

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March 25, 2010

What To Do When You Make A Large Non-Cash Charitable Contribution

One of the most popular charitable contributions here in Florida is to donate your car or boat to a charity and get a nice charitable deduction.  Prior to 2006, most folks would just use the blue book to determine the value of the contribution.  However, the Pension Protection Act of 2006 made significant changes to the definition of a “qualified appraiser” and “qualified appraisal” when it comes to donations of any non-cash contribution deduction that exceeds $5,000.  The IRS, through tax regualtions and recent case law, now mandates the donor to 1) obtain a qualified appraisal for the contributed property; 2) attach a fully completed appraisal summary (form 8283) to the income tax return on which the deduction is claimed; and 3) maintain records pertaining to the claimed deduction.

A “qualified appraisal” must include (among other things) 1) a description of the property in sufficient detail for a person who is not generally familiar with the type of property to ascertain that the property appraised is the property that was contributed; 2) description of the property’s physical condition; 3) valuation method used to determine the fair market value; and 4) the specific basis for the valuation.

The scary part is that if you take the deduction, are audited and then lose your argument for the deduction, you may be subject to a penalty of 20%.  However, below is a checklist of steps to take if you plan on taking a charitable deduction for non-cash property donated in excess of $5,000:

  1. Obtain a qualified and timely appraisal for the property  contributed– no earlier than 60 days before the date of the contribution and no later than the due date of the return, including extensions.
  2. Be sure the appraisal describes a) the property in sufficient detail for a person who is not generally familiar with the type of property to ascertain that the property appraised is the property that was contributed; b) the property’s physical condition at the date of the donation; c) how fair market value was determined, and d) the specific basis for the valuation.
  3. Attach a fully completed appraisal summary (form 8283) to the tax return on which the deduction is claimed and stating the property’s cost and how it was acquired.
  4. Maintain meticulous records pertaining to the claimed deduction, and
  5. Obtain a contemporaneous written acknowledgment from the done that gives a) a description of the property received, b) a statement as to whether the done was provided any goods or services in exchange, and c) a description and good faith estimate of the value of such goods or services.

If you use the above as a guideline when making non-cash charitable deductions in excess of $5,000, then you will be properly prepared in case of an audit.  To make sure you have properly documented your charitable donation, consult with a tax advisor or legal counsel.

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March 2, 2010

Want Free Help With Your Taxes?

The IRS has several free tax programs to help prepare tax returns for those who are eligible for the programs.  The Volunteer Income Tax Assistance Program (VITA) offers free tax help to low to moderate income people who cannot prepare their own tax returns.  The income cut-off is generally around $49,000.  The Tax Counseling for the Elderly Program (TCE) provides free tax help to people 60 years of age or older.  Both programs are run by trained volunteers.  I was a coordinator for the VITA program years ago and we were able to help out those who were in need and were able to get extra money for those who qualified for the Earned Income Tax Credit.

Items that you need to bring with you to have your taxes prepared are the following: 1) proof of identification; 2) Social Security Cards for you, your spouse (if any) and dependents (if any); 3) birth dates for you, your spouse (if any) and dependents (if any); 4) current years tax forms sent to you in the mail (if any); 5) all wage and earnings statements such as W-2s and 1099s; 6) interest and dividend statements on a 1099; 7) copies of last years tax returns; 8 ) your check book if you want your refund directly deposited; 9) total paid for daycare provider and their tax ID number (if applicable) and 10) if filing jointly, both spouses must be present.

It is very important that you bring your social security cards or a letter from the Social Security Administration verifying your social security number.  The IRS, in training the volunteers, stresses the importance of making sure the social security number matches the proof of identification.  I know this from personal experience.  Without a social security card and proof of identity, the volunteers are told to not prepare the return and have you come back later when you have the social security information and proof of identification with you.

To find the nearest VITA site, please call 1-800-829-1040.  To find the nearest TCE site, please call 1-888-227-7669.

For further questions in regards to these tax programs, contact Wood, Atter & Wolf, P.A. for further information.

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February 25, 2010

IRS to Apply Stricter Standards to Paid Tax Preparers

More than eighty percent of American households use either a paid tax preparer or tax preparation software to help them file their taxes. The Internal Revenue Service (IRS) recently announced that they are proposing new registration, testing, and continuing education of tax preparers for the 2010 tax year.

The IRS believes that higher standards will serve to protect taxpayers and increase compliance with tax laws. The goal of the new program is to ensure that taxpayers receive competent, ethical service from qualified professionals.

The requirements will include:

• All paid tax return preparers will have to register with the IRS to obtain a preparer tax identification number (PTIN). They will be subject to a limited tax compliance check to qualify.

• Competency tests for all paid tax return preparers who are not attorneys, certified public accountants (CPAs) or enrolled agents.

• Continuing education for all paid tax return preparers who are not attorneys, CPAs, or enrolled agents.

• The ethical rules which currently only apply to attorneys, CPAs and enrolled agents who practice before the IRS will now be required of all paid preparers.

Read more about the new requirements for paid tax preparers at IRS Proposes New Registration, Testing and Continuing Education Requirements for Tax Return Preparers Not Already Subject to Oversight.

If you require assistance with tax planning, please contact a tax professional for tax planning and legal counsel.

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February 18, 2010

Did you know you can deduct some or all of the sales tax you paid for your car?

Did you know you can deduct some or all of the sales tax you paid when you bought your car last year?  If you bought your car between February 16, 2009 and December 31, 2009, you can deduct the sale tax, limited up to $49,500 of the purchase price, you paid for your vehicle.  For example, if your car cost $20,000, you could deduct all the sales tax paid for that vehicle.  However, if your vehicle cost $60,000, you could only deduct 83% of your sales tax because you are limited to the amount of the tax you paid on $49,500.

This deduction is available for individuals with incomes of $125,000 or less or married couples filing jointly with incomes of $250,000 or less.  The deduction phases out and is not available for individuals with incomes greater than $135,000 or $260,000 for married couples filing jointly.

Remember, this is a deduction and not a tax credit.  A deduction reduces the amount of taxable income you have whereas a credit reduces the amount of tax you owe.  For example, if you have a $1000 deduction and you made $50,000 in taxable income last year, you would report only $49,000 of income.  Whereas if you had a $1000 tax credit and after all the calculations, the IRS said you owed them taxes of $1001, you would only owe them $1 since the credit reduced the actual tax bill.

If you think this deduction is applicable to you or you want to know more about other possible deductions, please consult with a tax professional in regards to your tax needs.

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