MONTHLY NEWSLETTER -July 2011

It’s time to file various tax returns once again. Among the tax deadlines you may be required to meet in the next few months are the following:

September 15 – Due date for the Partnership Returns and  Third Quarter Estimated Tax Payments for Individuals

 October 17     – Due Date for Personal Returns,  S Corporations and C Corporations Tax Returns.  Also, it is the last chance to re-characterize 2010 ROTH IRA Conversion

 October 31     – Payers must file information returns, such as Form 1099s, with the IRS. This    deadline is extended to   March 31 for electronic filing.

2012 HSA Limitations

Health Savings Accounts (HSAs) were created as a tax-favored framework to provide health care benefits mainly for small business owners, the self-employed, and employees of small- to medium-sized companies who do not have access to health insurance.

The tax benefits of HSAs are quite favorable and substantial. Eligible individuals can make tax-deductible (as an adjustment to AGI) contributions into HSA accounts. The funds in the account may be invested (somewhat like an IRA), so there is an opportunity for growth. The earnings inside the HSA are free from federal income tax, and funds withdrawn to pay eligible health care costs are tax-free. The dual benefit of tax-deductible contributions into and tax-free withdrawals from HSAs (and existing Medical Savings Accounts) is truly unique, as no other tax-deferred type of account currently offers such a benefit.

The 2012 inflation-adjusted deduction for individual self-only coverage under a high deductible plan is $3,100, while the comparable amount for family coverage is $6,250. For 2012, a high-deductible health plan is defined as a health plan with an annual deductible that is not less than $1,200 for self-coverage and $2,400 for family coverage, and the annual out-of-pocket expenses (including deductibles and copayments, but not premiums) must not exceed $6,050 for self-only coverage or $12,100 for family coverage.

Electric Vehicle Credits

If the high cost of gasoline has you looking for alternative transportation options, an electric vehicle might be the answer and may qualify for one of the following federal tax credits that are currently available to help reduce the cost of an electric vehicle.

Plug-in Electric Drive Motor Vehicle Credit. This credit for qualified plug-in electric drive motor vehicles ranges from $2,500 to $7,500, depending on the battery capacity. The credit will be phased out for each manufacturer after it sells 200,000 vehicles.

Plug-in Electric Vehicle Credit. This credit is available for certain low-speed electric vehicle and two- or three-wheeled vehicles. The credit equals 10% of the vehicle’s cost, up to a $2,500 maximum credit for purchases made before 2012.

Credit for Conversion Kits. This credit equals 10% of the cost of converting a vehicle to a qualified plug-in electric drive motor vehicle that is placed in service before 2012. The maximum credit is $4,000.

Safeguarding Tax Records

With the 2011 hurricane season officially under way and highly destructive tornadoes striking throughout the country earlier this year, it’s a good time to review some IRS suggestions for safeguarding tax records. The IRS suggests taxpayers keep a set of backup records in a safe place away from the original set. This is more easily accomplished now that many financial institutions provide statements electronically and other financial information is readily available on the Internet. Even if the original records are on paper, they can be scanned into an electronic format. Next, taxpayers should photograph or videotape important personal or business assets. Finally, emergency plans should be reviewed and updated, since personal and business situations change over time as do preparedness needs.

Deducting Interest on Home Loans

The political debate on tax reform touches many topics, including the federal tax deduction for interest on home loans. There is no way to determine if this deduction will continue or at what level, but we thought it would be a good time to review current federal law on deducting residential interest.

Interest paid on qualified residence debt is deductible, but limitations apply. Qualified residence debt can be either

  1. home acquisition indebtedness, or
  2. home equity indebtedness.

Qualified residence interest expense incurred on up to $1 million ($500,000 for married filing separately) of home acquisition indebtedness is fully deductible for regular tax purposes as an itemized deduction. Taxpayers generally can deduct interest on up to $100,000 ($50,000 for married filing separately) of home equity indebtedness. However, there are restrictions on the deductibility of qualified residence and home equity interest for AMT purposes.

Mortgage interest is only deductible when paid by the taxpayer who is the legal or equitable owner of the property. Thus, a taxpayer cannot deduct interest he or she pays on the mortgage of another person. This may occur, for example, if parents make mortgage payments for their adult children. Similarly, a taxpayer who holds a mortgage generally cannot deduct the interest if it is paid by another person.

A qualified residence (for determining if the underlying debt is qualified residence debt) can be the taxpayer’s principal residence and one other residence selected by the taxpayer for the tax year. In other words, if the taxpayer has several vacation homes in addition to a principal residence, the taxpayer can designate a different vacation home as the second qualified residence for different tax years. A residence is defined as

  1. a house,
  2. a condominium,
  3. a mobile home,
  4. a boat,
  5. a house trailer, or
  6. other property that under all the facts and circumstances can be considered a residence.

Vacant land used for occasional camping does not qualify as a residence.  

Planning Tip: Taxpayers with more than two homes should consider keeping a mortgage on their principal residence and one other residence selected as a qualified residence and paying off debt on any house(s) for which interest will not be deductible.

Spouses who file a joint return may treat their common principal residence, as well as property that otherwise qualifies as a second residence, whether it is owned jointly or by one spouse only, as a qualified residence. Conversely, spouses who file separate returns may each take into account only one residence as the qualified residence, regardless of how the properties are owned. However, a deduction for a second residence is available if both spouses consent in writing to one of them taking into account both the principal and the second residence.

A residence under construction can be treated as a qualified residence for up to 24 months, but only if the residence actually becomes a qualified residence when it is ready for occupancy. However, the land a home is constructed on does not qualify as a residence under the above rule until construction begins. Interest on debt to acquire a lot that is incurred before construction begins would be personal interest. However, that interest could be deductible if a home equity loan is used to acquire the lot.

Please contact us to discuss the tax treatment for interest on your home loan or any other tax compliance or planning issue.

When Are Gifts Taxable?

The new federal estate and gift tax provisions signed into law late last year have received considerable attention and may have created some confusion concerning the taxability of gifts. So, we thought it would be a good time to review some basic information on the annual gift tax exclusion.

Most gifts are not subject to the gift tax. For example, there is usually no tax when you make a gift to your spouse or a charity. If you make a gift to someone else, the gift tax usually does not apply until the cumulative value of the gifts you give to that person during the year exceeds the annual gift tax exclusion. In 2011, the annual federal gift tax exclusion amount is $13,000. A federal gift tax return generally does not have to be filed unless you give someone, other than your spouse or a qualifying charity, money or property worth more than the annual gift tax exclusion.

If federal gift tax is due, it typically will be paid by the person making the gift. The person receiving the gift does not pay federal gift tax or federal income tax on the value of the gift received. However, the person making the gift will not be able to deduct the value of the gift on his or her federal tax return, other than gifts that are deductible charitable contributions.

Thus far, we have indicated that gifts

  1. for not more than the annual exclusion during the calendar year,
  2. made to your spouse, or
  3. made to a qualifying charity, generally are not subject to the federal gift tax.

In addition to these provisions, tuition or medical expenses you pay directly to an educational or medical institution for someone else are not subject to federal gift tax, either.

Caution: You cannot first give the money to an individual for the purpose of paying the end recipient. To avoid federal gift tax liability, the money must be paid directly to the institution.

Gift-splitting is a technique available to married persons wanting to individually make a non-taxable gift of up to $26,000 in a single year. For split gifts, the donor’s spouse must elect to split the gift with him or her. The gift is considered to be made half by the donor and half by the spouse. When a taxpayer elects to split a gift, a federal gift tax return must be filed to show that the spouses agree to use gift-splitting, even if the split gift is less than the annual exclusion ($13,000 in 2011).

Application of and aspects concerning the gift tax, including the impact of the $5 million unified estate and gift tax exclusion (not covered in this article), can be daunting. So, please contact us to discuss the tax aspects of gifting or any other tax compliance or planning issue

This newsletter provides business, financial, and tax information to clients and friends of our firm. This general information should not be acted upon without first determining its application to your specific situation. For further details on any article, please contact us at 770-591-8887.

April 2011 Newsletter

More options for tax refunds this year

Last year, you could use your tax refund to purchase U.S. Series I Savings Bonds in your name. This year, there are some new options for purchasing savings bonds with your income tax refund.

You can buy savings bonds for yourself and up to two other individuals. Form 8888 is used to designate the person or persons in whose name the bonds are to be issued. The savings bonds will then be mailed to those individuals.

Up to $5,000 in bonds can be purchased in $50 increments. Also new this year: You may request a paper check for the balance of your refund if you prefer that to direct deposit.

Filing threshold raised for nonprofit organizations

Tax-exempt organizations are required to file annual reports with the IRS. Those with gross receipts below a certain threshold amount can file an E-postcard rather than a longer version of Form 990. The IRS has just raised that threshold amount to $50,000, an increase over the previous filing threshold of $25,000.

The deadline for nonprofit filings is the 15th day of the fifth month after the organization’s year-end. For calendar-year organizations, the filing deadline for 2010 reports is May 16, 2011.

Is it time to talk finances with your parents?

One day you may find yourself taking care of an elderly parent who is in declining physical or mental health. This can be stressful, both emotionally and financially. On the financial side, there are steps you may want to take to prepare for this situation.

Talk to your parents about their financial affairs. Parents may be reluctant to discuss their finances, but someone needs to know the names of their lawyer and accountant. Someone needs to know where their important financial papers are located. Chances are that much of the information will be in your parents’ heads, or scattered in various places around their house. Here’s a general overview of the topics you might want to cover with your parents.

  • Vital statistics

• Where are social security cards kept?

• Where are marriage or divorce records and family birth certificates?

• Where are military service records and pension records?

  • Financial records
  • ·• Help your parents make a list of their financial assets, bank accounts, investments, etc.
  • ·• Review the beneficiaries they have designated and how accounts are titled.
  • ·• Do they have a safe deposit box? Record the location and box number.
  • ·• Find the name of their accountant and copies of tax returns.
  • Physical assets
  • ·• Locate mortgage records and the deed to their house and other properties.
  • ·• Locate vehicle titles.
  • ·• Do they own any assets stored elsewhere?
  • Insurance
  • ·• Locate records for home, vehicle, health, and life insurance.
  • Estate planning
  • ·• Do they have a will or living trust?
  • ·• What is the name of their attorney?
  • ·• Discuss any special wishes for bequests; encourage your parents to put them in writing.
  • ·• Have they set up directives for medical care (living wills)?
  • ·• Have they set up a Power of Attorney in case they become disabled?

Don’t try to find all this information in one exhausting session. Instead, use the list as a starting point for a series of conversations. Wherever possible, involve your parents in putting their own affairs in order. You may find it’s a great opportunity to bond with your parents in their golden years.

January 2011 Newsletter

Mark these tax deadlines on your 2011 calendar

It’s time to file various tax returns once again. Among the tax deadlines you may be required to meet in the next few months are the following:

January 18 – Due date for the fourth quarterly installment of 2010 estimated taxes for individuals unless you file your tax return and pay any taxes due by January 31.

January 31 – Employers must furnish 2010 W-2 statements to employees. Payers must furnish payees with Form 1099s for various payments made. (The deadline for providing Form 1099B and consolidated statements to customers is February 15.)

January 31 – Employers must generally file annual federal unemployment tax returns.

February 28 – Payers must file information returns, such as Form 1099s, with the IRS. This deadline is extended to March 31 for electronic filing.

February 28 – Employers must send Form W-2 copies to the Social Security Administration. This deadline is extended to March 31 for electronic filing.

March 1 – Farmers and fishermen who did not make 2010 estimated tax payments must file 2010 tax returns and pay taxes in full.

April 18 – Individual federal income tax returns for 2010 are due.

New law extends Bush-era tax rates for two years

After weeks of wrangling over the details, both the Senate and the House passed a bill that will extend the tax rates in effect in 2010 for another two years, through December 31, 2012. President Obama signed the 2010 Tax Relief Act into law on December 17, 2010.

Here’s an overview of the key provisions in the law.

Tax rates. The existing tax rates established in the 2001 and 2003 tax laws will continue for all taxpayers through 2012. This means the top tax rate for 2011 and 2012 will remain at 35% instead of reverting to 39.6% as it would have done had the 2010 Tax Relief Act not passed.

Capital gains and dividends. The top rate for long-term capital gains will remain at 15% for taxpayers in all but the two lowest ordinary income brackets; those taxpayers will continue to have a 0% rate on capital gains. Dividends will continue to be taxed at the 15% and 0% rates instead of reverting to ordinary income rates as high as 39.6%.

Itemized deductions and personal exemptions. Higher-income taxpayers will not have their itemized deductions limited and their personal exemptions phased out.

Education tax breaks. The law extends the American Opportunity Tax Credit through 2012. The income exclusion for up to $5,250 of employer-provided education assistance to employees is continued for two years. The higher contribution limit of $2,000 and other enhancements to Coverdell Education Savings Accounts were extended for two years.

Alternative minimum tax (AMT). The AMT was given another “patch” for 2010 and 2011, a move that will keep the tax from hitting millions more taxpayers. For 2010, the exemption amount is $47,450 for individuals and $72,450 for married couples filing joint returns. For 2011, the exemption is $48,450 for singles and $74,450 for couples. Without this adjustment, the exemption amounts for 2010 and 2011 would have been $33,750 for singles and $45,000 for couples.

Payroll tax. A new tax break is created for workers who pay social security taxes. For 2011, the employee rate for social security tax is cut from 6.2% to 4.2% on wages up to $106,800. Self-employed individuals will pay 10.4% on self-employment income up to $106,800. Employers will continue to pay 6.2% on employee wages. This payroll tax rate cut does not affect the Medicare portion of payroll taxes for either employees or employers.

Extenders. Tax breaks that have come to be called “extenders” because they’re typically extended retroactively every year, but just for a year, are again extended by the new law.

Effective for 2010 and 2011 returns, taxpayers have the option of deducting state and local sales taxes instead of state and local income taxes. The deduction for up to $4,000 of higher education expenses and the deduction for teachers who buy classroom supplies are extended. Those age 70½ or older may again contribute up to $100,000 tax-free from an IRA to a charity. Note that the deduction for real estate taxes paid by nonitemizers was not extended.

Business provisions. The law extends the research tax credit for generic cialis buy online 2010 and 2011, and it extends the work opportunity tax credit through 2011. Bonus depreciation is increased from 50% to 100% for qualified business purchases made from September 9, 2010, through December 31, 2011. 50% bonus depreciation will be available in 2012.

Estate tax. The estate tax was perhaps the most contentious issue in the law, and it came close to unraveling the deal. The compromise that was agreed upon restores the estate tax retroactive to January 1, 2010, and continues it through December 31, 2012. It establishes a top rate of 35% and an exclusion amount of $5 million ($10 million for married couples). Estates of persons who died in 2010 have the option of applying the estate tax and receiving a step-up in basis on property passing to heirs or having no estate tax but using a carryover of the decedent’s basis in property.

The 2010 Tax Relief Act also provides an additional 13 months of benefits to the unemployed.

Most of the provisions in the new law will probably go unnoticed by the majority of taxpayers since the law basically keeps things as they were for another two years. However, there are several significant changes that are likely to affect you or your business. For more information and planning guidance as you begin sorting out your tax situation for 2011, contact our office.

This newsletter provides business, financial, and tax information to clients and friends of our firm. This general information should not be acted upon without first determining its application to your specific situation. For further details on any article, please conta