Friday, November 22, 2013

Good-bye, S Corporation; Hello, C Corporation or Proprietorship - ( Bradford Tax Institute )

What’s true one day in tax may not be true the next.

Tax rules and rates can change quickly, depending on how the winds of Congress blow.

Thus, good tax planning requires reevaluation from time to time so that you can maximize your
business’s cash benefits according to the most recent tax rates and breaks.

Under the current trend, individual tax rates are going up, and corporate tax rates are (perhaps) going
down—more on this below.

Article written by our friends at  the Bradford Tax Institute

Depending on how corporate tax reform plays out in the coming months, the C corporation could become
an attractive form of business.

If you operate your business as an S corporation and you decide it is time to change to a C corporation or
a proprietorship, this article is for you. In this article, we explain what you need to do to eliminate the S
corporation and operate your business as either a C corporation or a sole proprietorship.

The Winds of Tax Reform


The United States has the highest statutory corporate tax rate in the world.1 It should come as no
surprise that many people would like this to change.

The president is among those calling for reform, and he has proposed reducing the top corporate rate to
28 percent (25 percent for manufacturers).2 That would mean a 7 percent drop (10 percent for
manufacturers) from the current top rate of 35 percent.

At the same time, individual tax rates are creeping upward. For the first time since 2002, the top tax rate
for individuals (39.6 percent) is higher than the top tax rate for C corporations.3 And if you are in the 39.6
percent tax bracket, it’s likely you’re also paying the 3.8 percent Medicare tax, making your rate 43.4
percent.

If you run your business as an S corporation, you should pay close attention to this change. High
individual rates and low corporate rates might make the C corporate form a better choice for your
business, depending on what type of business you have and how you operate.

How will the winds of tax reform ultimately blow? That’s a tough question to answer. The only thing
certain is that we at the Tax Reduction Letter will keep you up to date with the latest news and strategies.
So stay tuned.


How to Change from an S Corporation


For now, we can stick with the law as it is currently written. The following describes how you can 
change
your S corporation to the entity of your choice.

You have two main choices for a new business form. You can do one of two things:

  1. Convert to a sole proprietorship or partnership (“liquidate”).
  2. Convert to a C corporation (“terminate” the S election).

1. Liquidation


You can liquidate an S corporation just as you can any corporation. The rules and considerations for this
are generally the same as for C corporations.

2. Termination of the S Election


If you terminate your S election, you will convert your business into a C corporation.

You can terminate the S corporation by either

  • Sending the IRS a statement of “revocation,” or
  • Altering your business so that it no longer qualifies as an S corporation.
If you go the termination route, plan for the long term. Once you terminate, you cannot reelect S status for
five years (unless you get the consent of the IRS)

Revocation


The procedure for revocation involves two steps:

  1. Send the IRS a statement revoking your S corporation election. The IRS does not provide an official form for revocation.
  2. Get written consent from more than half your shareholders (explained below). Here, again, the IRS gives you the rules for consent.

Consent Nitty-Gritties


There are some important points to keep in mind with regard to consents:

  • If you live in a community property state, community law makes your spouse a shareholder of your corporation in the absence of specific steps to avoid that. Therefore, it’s most likely that your community property spouse must give consent to the revocation.
  • If you own the stock as a tenant in common, a joint tenant, or a tenant by the entirety, you need the consent of the other tenant.
  • Voting stock and nonvoting stock count equally for the purpose of determining a majority of shareholders’ consent.

Violate the Rules - the Alternate Termination

Choice 1 for terminating your S corporation election is revocation. Why? You can easily do what’s needed
for revocation. It’s crystal clear that you’ve revoked your election. And you can specify the date your S
corporation election terminates.

In some rare cases, though, you may not be able to meet the requirements of revocation. For example,
you may not be able to get the written consent of all the necessary shareholders by the time you want to
terminate the election.

If this happens, intentionally violate one of the requirements for S corporation status. With the violation,
you instantly say good-bye to your S corporation. What happens is this: on the date of the disqualifying
event, the law terminates your S corporation election and your corporation becomes a C corporation.

Two easy violations are (1) creating a second class of stock and (2) transferring stock to an ineligible shareholder.


Effective Date

If you revoke your S election in the first two and half months of your tax year, the IRS considers your
business a C corporation for the entire year. The deadline for this is the 15th day of the third month. For
a calendar-year taxpayer, this means March 15.

When the termination is outside the two-and-a-half-month window, you divide the tax year into two
periods: an S short year and a C short year. You pay taxes as an S corporation for the first period and as
a C corporation for the second.

Example. Suppose you are on the calendar year and terminate your S election on April 1. You pay taxes
as you normally would for an S corporation from January 1 to March 31, the day before the effective date
of termination. From April 1 to December 31, you pay taxes as a C corporation.


How to Split Income between the Short Years


If you have both an S and a C period, you have to divide the tax year’s income, deductions, credits, and
losses between the two. (We’ll refer to income, deductions, credits, and losses below as a group and call
them “income” for short.)

Here, again, you have a choice. You can choose from two options:

  1. Divide your income evenly over the year, so you have an equal amount for each day of the year
  2. "Close the books” and treat the periods as entirely separate, individual tax years.
Default rule. Unless you elect otherwise, you must divide the income evenly throughout the year.

Example. If you revoke your S corporation on April 1, you will have an S corporation for 90 days of the
year (31 plus 28 plus 31 equals 90). Thus, you multiply your income for the entire year by 90/365 to
determine the income for the S portion. Likewise, you multiply the amounts by 275/365 to determine the
income for the C portion.

Close the Books. Alternatively, you could close the books and treat each period independently. On the
income and expenses you have in the S part of the year, you pay taxes using the S corporation rules. For
income in the C period, you pay taxes using the C corporation rules.

Closing the books may give you tax planning opportunities. For example, you may want to incur your
expenses during the S corporation period, so that you can pass them through to your individual return.

To elect the close-the-books method, you must get the consent of all the shareholders.

Article written by our friends at  the Bradford Tax Institute

Questions? Please don't hesitate to call us. We're here to help!


North Sound                                       South Sound
2802 Wetmore Ave, Suite 212           33530 1st Way S, Suite 102
Everett, WA 98201                             Federal Way, WA 98003
425.339.2400                                     253.237.0751
fax 425.259.1099                               fax 253.237.0701

Year-End Tax Planning for Businesses -

There are a number of end of year tax strategies businesses can use to reduce their tax burden for 2013. Here's the lowdown on some of the best options.


Purchase New Business Equipment

Section 179 Expensing. Business should take advantage of Section 179 expensing this year for a couple of reasons. First, is that in 2013 businesses can elect to expense (deduct immediately) the entire cost of most new equipment up to a maximum of $500,000 for the first $2,000,000 of property placed in service by December 31, 2013. In 2014, the $2,000,000 cap is reduced to $200,000 and the $500,000 deduction limit is reduced to $25,000.

Also in 2013, businesses can take advantage of an accelerated first year bonus depreciation of 50% of the purchase price of new equipment and software placed in service by December 31, 2013 that exceeds the threshold amount of $2,000,000. This bonus depreciation is phased out in 2014.

Qualified property is defined as property that you placed in service during the tax year and used predominantly (more than 50 percent) in your trade or business. Property that is placed in service and then disposed of in that same tax year does not qualify, nor does property converted to personal use in the same tax year it is acquired.
Note: Many states have not matched these amounts and, therefore, state tax may not allow for the maximum federal deduction. In this case, two sets of depreciation records will be needed to track the federal and state tax impact.
Please contact our office if you have any questions regarding qualified property and bonus depreciation.

Timing. If you plan to purchase business equipment this year, consider the timing. You might be able to increase your tax benefit if you buy equipment at the right time. Here's a simplified explanation:
Conventions. The tax rules for depreciation include "conventions" or rules for figuring out how many months of depreciation you can claim. There are three types of conventions. To select the correct convention, you must know the type of property and when you placed the property in service.
  1. The half-year convention: This convention applies to all property except residential rental property, nonresidential real property, and railroad gradings and tunnel bores (see mid-month convention below) unless the mid-quarter convention applies. All property that you begin using during the year is treated as "placed in service" (or "disposed of") at the midpoint of the year. This means that no matter when you begin using (or dispose of) the property, you treat it as if you began using it in the middle of the year.
  2. Example: You buy a $40,000 piece of machinery on December 15. If the half-year convention applies, you get one-half year of depreciation on that machine.
  3. The mid-quarter convention: The mid-quarter convention must be used if the cost of equipment placed in service during the last three months of the tax year is more than 40% of the total cost of all property placed in service for the entire year. If the mid-quarter convention applies, the half-year rule does not apply, and you treat all equipment placed in service during the year as if it were placed in service at the midpoint of the quarter in which you began using it.
  4. The mid-month convention: This convention applies only to residential rental property, nonresidential real property, and railroad gradings and tunnel bores. It treats all property placed in service (or disposed of) during any month as placed in service (or disposed of) on the midpoint of that month.
  5. If you're planning on buying equipment for your business, call us first. We'll help you figure out the best time to buy it to take full advantage of these tax rules.

Other Year-End Moves To Take Advantage Of

Partnership or S-Corporation Basis. Partners or S corporation shareholders in entities that have a loss for 2013 can deduct that loss only up to their basis in the entity. However, they can take steps to increase their basis to allow a larger deduction. Basis in the entity can be increased by lending the entity money or making a capital contribution by the end of the entity's tax year.
Caution: Remember that by increasing basis, you're putting more of your funds at risk. Consider whether the loss signals further troubles ahead.
Retirement Plans. Self-employed individuals who have not yet done so should set up self-employed retirement plans before the end of 2013. Call us today if you need help setting up a retirement plan.
Dividend Planning. Reduce accumulated corporate profits and earnings by issuing corporate dividends to shareholders.
Budgets. Every business, whether small or large should have a budget. The need for a business budget may seem obvious, but many companies overlook this critical business planning tool.
A budget is extremely effective in making sure your business has adequate cash flow and in ensuring financial success. Once the budget has been created, then monthly actual revenue amounts can be compared to monthly budgeted amounts. If actual revenues fall short of budgeted revenues, expenses must generally be cut.
Tip: Year-end is the best time for business owners to meet with their accountants to budget revenues and expenses for the following year.
For more on this topic, see the article below about common budgeting errors, but if you need help developing a budget for your business don't hesitate to call us today.

Call Us First

These are just a few of the year-end planning tax moves that could make a substantial difference in your tax bill for 2013. But the best advice we can give you is to give us a call. We'll sit down with you, discuss your specific tax and financial needs, and develop a plan that works for your business.



North Sound                                       South Sound
2802 Wetmore Ave, Suite 212           33530 1st Way S, Suite 102
Everett, WA 98201                             Federal Way, WA 98003
425.339.2400                                     253.237.0751
fax 425.259.1099                               fax 253.237.0701

Thursday, November 21, 2013

Year-End Tax Planning For Individuals -

Tax planning presents more challenges than usual this year due to the passage of the American Taxpayer Relief Act of 2012 (ATRA), which was signed into law on January 2, 2013, as well as certain tax provisions of the Patient Protection and Affordable Care Act of 2010 taking effect in 2013 and 2014.

Tax planning strategies for individuals this year--and for the next several years--require careful consideration of taxable income in relation to threshold amounts that might bump a taxpayer into a higher or lower tax bracket, thus, subjecting him or her to additional taxes such as the Net Investment Income Tax (NIIT) or an additional Medicare tax.

Even so, there are several more general tax planning strategies taxpayers might consider such as:
  • Selling any investments on which you have a gain or loss this year. For more on this, see Investment Gains and Losses, below.
  • If you anticipate an increase in taxable income in 2014 and are expecting a bonus at year-end, try to get it before December 31. Keep in mind however, that contractual bonuses are different, in that they are typically not paid out until the first quarter of the following year. Therefore, any taxes owed on a contractual bonus would not be due until you file a tax return for tax year 2014.
  • If your company grants stock options, you may want to exercise the option or sell stock acquired by exercise of an option this year if you think your tax bracket will be higher in 2014. Exercise of the option is often but not always a taxable event; sale of the stock is almost always a taxable event.
  • If you're self employed, send invoices or bills to clients or customers this year in order to be paid in full by the end of December.
Caution: Keep an eye on the estimated tax requirements.

Accelerating Income and Deductions

Accelerating income into 2013 is an especially good idea for taxpayers who anticipate being in a higher tax bracket next year or whose earnings are close to threshold amounts ($200,000 for single filers and $250,000 for married filing jointly) that make them liable for additional Medicare tax or NIIT (see below).

Here are several examples of what a taxpayer might do to accelerate deductions:
  • Pay a state estimated tax installment in December instead of at the January due date. However, make sure the payment is based on a reasonable estimate of your state tax.
  • Pay your entire property tax bill, including installments due in year 2014, by year-end. This does not apply to mortgage escrow accounts.
  • Try to bunch "threshold" expenses, such as medical and dental expenses (10% of AGI starting in 2013) and miscellaneous itemized deductions. For example, you might pay medical bills and dues and subscriptions in whichever year they would do you the most tax good.
    Threshold expenses are deductible only to the extent they exceed a certain percentage of adjusted gross income (AGI). By bunching these expenses into one year, rather than spreading them out over two years, you have a better chance of exceeding the thresholds, thereby maximizing your deduction.
In cases where tax benefits are phased out over a certain adjusted gross income (AGI) amount, a strategy of accelerating income and deductions might allow you to claim larger deductions, credits, and other tax breaks for 2013, depending on your situation.

The latter benefits include Roth IRA contributions, conversions of regular IRAs to Roth IRAs, child credits, higher education tax credits and deductions for student loan interest.
Caution: Taxpayers close to threshold amounts for the Net Investment Income Tax (3.8% of net investment income) should pay close attention to "one-time" income spikes such as those associated with Roth conversions, sale of a home or other large assets that may be subject to tax.
If you know you have a set amount of income coming in this year that is not covered by withholding taxes, increasing your withholding before year-end can avoid or reduce any estimated tax penalty that might otherwise be due.

On the other hand, the penalty could be avoided by covering the extra tax in your final estimated tax payment and computing the penalty using the annualized income method.

Additional Medicare Tax

Taxpayers whose income exceeds certain threshold amounts ($200,000 single filers and $250,000 married filing jointly) are liable for an additional Medicare tax of 0.9% on their tax returns, but may request that their employers withhold additional income tax from their pay to be applied against their tax liability when filing their 2013 tax return next April.

Alternate Minimum Tax

The Alternative Minimum Tax (AMT) exemption "patch" was made permanent by ATRA and is indexed for inflation. It's important not to overlook the effect of any year-end planning moves on the AMT for 2013 and 2014.

Items that may affect AMT include deductions for state property taxes and state income taxes, miscellaneous itemized deductions, and personal exemptions.
Note: AMT exemption amounts for 2013 are as follows:
  • $51,900 for single and head of household filers,
  • $80,800 for married people filing jointly and for qualifying widows or widowers,
  • $40,400 for married people filing separately.
Please call us if you'd like more information or if you're not sure whether AMT applies to you. We're happy to assist you.

Strategize Tuition Payments

The American Opportunity Tax Credit, which offsets higher education expenses, was extended to the end of 2017. It may be beneficial to pay 2014 tuition in 2013 to take full advantage of this tax credit, which is up to $2,500 per student.

Residential Energy Tax Credits

Non-Business Energy Credits

ATRA extended the non-business energy credit, which expired in 2011, through 2013 (retroactive to 2012). You may claim a credit of 10 percent of the cost of certain energy saving property that you added to your main home. This includes the cost of qualified insulation, windows, doors and roofs, as well as biomass stoves with a thermal efficiency rating of at least 75%.

In some cases, you may be able to claim the actual cost of certain qualified energy-efficient property. Each type of property has a different dollar limit. Examples include the cost of qualified water heaters and qualified heating and air conditioning systems.

To qualify for the credit, your main home must be an existing home located in the United States. New construction and rentals do not qualify. The credit has a maximum lifetime limit of $500; however, only $200 of this limit can be used for windows.

Not all energy-efficient improvements qualify, so be sure you have the manufacturer's credit certification statement. It is usually available on the manufacturer's website or with the product's packaging.

Residential Energy Efficient Property Credits

The Residential Energy Efficient Property Credit is available to individual taxpayers to help pay for qualified residential alternative energy equipment, such as solar hot water heaters, solar electricity equipment and residential wind turbines. Qualifying equipment must have been installed on or in connection with your home located in the United States.

Geothermal pumps, solar energy systems, and residential wind turbines can be installed in both principal residences and second homes (existing homes and new construction), but not rentals. Fuel cell property qualifies only when it is installed in your principal residence (new construction or existing home). Rentals and second homes do not qualify.

The tax credit is 30% of the cost of the qualified property, with no cap on the amount of credit available, except for fuel cell property.

Generally, labor costs can be included when figuring the credit. Any unused portions of this credit can be carried forward. Not all energy-efficient improvements qualify so be sure you have the manufacturer's tax credit certification statement, which can usually be found on the manufacturer's website or with the product packaging.

What's included in this tax credit?
  • Geothermal Heat Pumps. Must meet the requirements of the ENERGY STAR program that are in effect at the time of the expenditure.
  • Small Residential Wind Turbines. Must have a nameplate capacity of no more than 100 kilowatts (kW).
  • Solar Water Heaters. At least half of the energy generated by the "qualifying property" must come from the sun. The system must be certified by the Solar Rating and Certification Corporation (SRCC) or a comparable entity endorsed by the government of the state in which the property is installed. The credit is not available for expenses for swimming pools or hot tubs. The water must be used in the dwelling. Photovoltaic systems must provide electricity for the residence, and must meet applicable fire and electrical code requirement.
  • Solar Panels (Photovoltaic Systems). Photovoltaic systems must provide electricity for the residence, and must meet applicable fire and electrical code requirement.
  • Fuel Cell (Residential Fuel Cell and Microturbine System.) Efficiency of at least 30% and must have a capacity of at least 0.5 kW.

Charitable Contributions

Property, as well as money, can be donated to a charity. You can generally take a deduction for the fair market value of the property; however, for certain property, the deduction is limited to your cost basis. While you can also donate your services to charity, you may not deduct the value of these services. You may also be able to deduct charity-related travel expenses and some out-of-pocket expenses, however.

Keep in mind that a written record of charitable contribution is required in order to qualify for a deduction. A donor may not claim a deduction for any contribution of cash, a check or other monetary gift unless the donor maintains a record of the contribution in the form of either a bank record (such as a cancelled check) or written communication from the charity (such as a receipt or a letter) showing the name of the charity, the date of the contribution, and the amount of the contribution.
Tip: Contributions of appreciated property (i.e. stock) provide an additional benefit because you avoid paying capital gains on any profit.

Investment Gains And Losses

Minimize taxes on investments by judicious matching of gains and losses. Where appropriate, try to avoid short-term capital gains, which are usually taxed at a much higher tax rate than long-term gains--up to 39.6% in 2013 for high income earners ($400,000 single filers, $450,000 married filing jointly).

If your tax bracket is either 10% or 15% (married couples making less than $72,500 or single filers making less than $36,250), then you might want to take advantage of the zero percent tax rate on qualified dividends and long-term capital gains. If you fall into the highest tax bracket (39.6%), the maximum tax rate on long-term capital gains is capped at 20% for tax year 2013 and beyond.

Net Investment Income Tax
Starting in 2013, a 3.8 percent tax is applied to investment income such as long-term capital gains for earners above certain threshold amounts ($200,000 for single filers and $250,000 for married taxpayers filing jointly). This information is something to think about as you plan your long term investments.

This year, and in the coming years, investment decisions are likely to be more about managing capital gains than about minimizing taxes per se. For example, taxpayers below threshold amounts in 2013 might want to take gains; whereas taxpayers above threshold amounts might want to take losses.

In addition, consider, where feasible, to reduce all capital gains and generate short-term capital losses up to $3,000 as well.
Tip: As a general rule, if you have a large capital gain this year, consider selling an investment on which you have an accumulated loss. Capital losses up to the amount of your capital gains plus $3,000 per year ($1,500 if married filing separately) can be claimed as a deduction against income.
Tip: After selling securities investment to generate a capital loss, you can repurchase it after 30 days. If you buy it back within 30 days, the loss will be disallowed. Or you can immediately repurchase a similar (but not the same) investment, e.g., another mutual fund with the same objectives as the one you sold.
Tip: If you have losses, you might consider selling securities at a gain and then immediately repurchasing them, since the 30-day rule does not apply to gains. That way, your gain will be tax-free, your original investment is restored and you have a higher cost basis for your new investment (i.e., any future gain will be lower).
Please call us if you need assistance with any of your long term tax planning goals.

Mutual Fund Investments

Before investing in a mutual fund, ask whether a dividend is paid at the end of the year or whether a dividend will be paid early in the next year but be deemed paid this year. The year-end dividend could make a substantial difference in the tax you pay.
Example: You invest $20,000 in a mutual fund at the end of 2013. You opt for automatic reinvestment of dividends. In late December of 2013, the fund pays a $1,000 dividend on the shares you bought. The $1,000 is automatically reinvested.

Result: You must pay tax on the $1,000 dividend. You will have to take funds from another source to pay that tax because of the automatic reinvestment feature. The mutual fund's long-term capital gains pass through to you as capital gains dividends taxed at long-term rates, however long or short your holding period.

The mutual fund's distributions to you of dividends it receives generally qualify for the same tax relief as long-term capital gains. If the mutual fund passes through its short-term capital gains, these will be reported to you as "ordinary dividends" that don't qualify for relief.
Depending on your financial circumstances, it may or may not be a good idea to buy shares right before the fund goes ex-dividend. For instance, the distribution could be relatively small, with only minor tax consequences. Or the market could be moving up, with share prices expected to be higher after the ex-dividend date.
Tip: To find out a fund's ex-dividend date, call the fund directly.
Be sure to call us if you'd like more information on how dividends paid out by mutual funds affect your taxes this year and next.

Year-End Giving To Reduce Your Potential Estate Tax

The federal gift and estate tax exemption, which is currently set at $5.25 million increases to $5.340 million in 2014. ATRA set the maximum estate tax rate set at 40 percent.

Gift Tax. For many, sound estate planning begins with lifetime gifts to family members. In other words, gifts that reduce the donor's assets subject to future estate tax. Such gifts are often made at year-end, during the holiday season, in ways that qualify for exemption from federal gift tax.

Gifts to a donee are exempt from the gift tax for amounts up to $14,000 a year per donee.
Caution: An unused annual exemption doesn't carry over to later years. To make use of the exemption for 2013, you must make your gift by December 31.
Husband-wife joint gifts to any third person are exempt from gift tax for amounts up to $28,000 ($14,000 each). Though what's given may come from either you or your spouse or from both of you, both of you must consent to such "split gifts".

Gifts of "future interests", assets that the donee can only enjoy at some future time such as certain gifts in trust, generally don't qualify for exemption; however, gifts for the benefit of a minor child can be made to qualify.
Tip: If you're considering adopting a plan of lifetime giving to reduce future estate tax, then don't hesitate to call us. We can help you set it up.
Cash or publicly traded securities raise the fewest problems. You may choose to give property you expect to increase substantially in value later. Shifting future appreciation to your heirs keeps that value out of your estate. But this can trigger IRS questions about the gift's true value when given.
You may choose to give property that has already appreciated. The idea here is that the donee, not you, will realize and pay income tax on future earnings, and built-in gain on sale.

Gift tax returns for 2013 are due the same date as your income tax return. Returns are required for gifts over $14,000 (including husband-wife split gifts totaling more than $14,000) and gifts of future interests. Though you are not required to file if your gifts do not exceed $14,000, you might consider filing anyway as a tactical move to block a future IRS challenge about gifts not "adequately disclosed".
Tip: Call us if you're considering making a gift of property whose value isn't unquestionably less than $14,000.
Income earned on investments you give to children or other family members is generally taxed to them, not to you. In the case of dividends paid on stock given to your children, they may qualify for the reduced child tax rate, generally 10 percent, where the first $1,000 in investment income is exempt from tax and the next $1,000 is subject to a child's tax rate of 10 percent (0% tax rate on long-term capital gains and qualified dividends).
Caution: In 2013, investment income for a child (under age 18 at the end of the tax year or a full-time student under age 24) that is in excess of $2,000 is taxed at the parent's tax rate.

Other Year-End Moves

Retirement Plan Contributions. Maximize your retirement plan contributions. If you own an incorporated or unincorporated business, consider setting up a retirement plan if you don't already have one. (It doesn't need to actually be funded until you pay your taxes, but allowable contributions will be deductible on this year's return.)

If you are an employee and your employer has a 401(k), contribute the maximum amount ($17,500 for 2013), plus an additional catch up contribution of $5,500 if age 50 or over, assuming the plan allows this much and income restrictions don't apply).

If you are employed or self-employed with no retirement plan, you can make a deductible contribution of up to $5,500 a year to a traditional IRA (deduction is sometimes allowed even if you have a plan). Further, there is also an additional catch up contribution of $1,000 if age 50 or over.

Health Savings Accounts.
Consider setting up a health savings account (HSA). You can deduct contributions to the account, investment earnings are tax-deferred until withdrawn, and amounts you withdraw are tax-free when used to pay medical bills.

In effect, medical expenses paid from the account are deductible from the first dollar (unlike the usual rule limiting such deductions to the excess over 10% of AGI). For amounts withdrawn at age 65 or later, and not used for medical bills, the HSA functions much like an IRA.

To be eligible, you must have a high-deductible health plan (HDHP), and only such insurance, subject to numerous exceptions, and must not be enrolled in Medicare. For 2013, to qualify for the HSA, your minimum deductible in your HDHP must be at least $1,250 (no change in 2014) for single coverage or $2,500 (no change in 2014) for a family.

Summary

These are just a few of the steps you might take. Please contact us for help in implementing these or other year-end planning strategies that might be suitable to your particular situation.



North Sound                                       South Sound
2802 Wetmore Ave, Suite 212           33530 1st Way S, Suite 102
Everett, WA 98201                             Federal Way, WA 98003
425.339.2400                                     253.237.0751
fax 425.259.1099                               fax 253.237.0701

Wednesday, November 6, 2013

10 Things You Need To Know About Getting Married & Taxes -

When I was little, I had very definite ideas about falling in love and getting married. My generation was the one that got up at the crack of dawn to watch Princess Diana walking down the aisle. I grew up believing in royal "happily ever after". I never stopped to contemplate what it would be like when all of that was over. You know, when reality stepped in.
Article written by our friend Kelly Phillips Erb, the Tax Girl
Unfortunately, I think that is true of my generation as a whole – and maybe even the one that followed. We've been fed a steady diet of poufy white dresses, fantastic layer cakes and dreamy proposals. All of those reality shows that focused on the big moments never bothered to show what life is like in the more real moments… the ones when you’re hunched over a desk trying to make sense of the bank balances and forms W-2.
Interestingly, worries and fights over finances are consistently cited as top reasons for divorce. Perhaps instead of focusing on the search for the perfect dress, we should encourage potential brides and grooms to search for the perfect accountant. And instead of worrying about putting our stamp on the perfect invitation, we should think about what it means to sign a tax return (or a mortgage or a car loan or other financial documents).
I've thought about that a lot today. You see, it’s my anniversary. Thirteen years ago today, I giggled through my vows in a little church in rural Pennsylvania. I married the blue-eyed boy from law school that I remember passing notes about in torts class. As different as we were – he, the Yankee Catholic who had lived and worked abroad in Germany and me, the Southern Baptist girl who spent most of her life in the same town – we shared the same values (with some important exceptions, like the value of country music). And while marriage doesn't have to be about making the same kinds of choices all of the time, you do need to be on the same page when it comes to certain things – and chief among them: finances. You see, even if you never care about how your spouse makes and spends his or her money, the Internal Revenue Service does. And when you put your signature on a joint tax return, the IRS will hold you to it – even if your spouse doesn’t
So, on a day that I will spend thinking a lot about marriage, I thought it would be appropriate to post ten things you need to know about getting married and taxes:
  1. Your marital status is determined as of the last day of the tax year (for individual taxpayers, this is inevitably the last day of the calendar year). It doesn't matter if you get married on December 31 – you’re married for the whole tax year so far as the IRS is concerned. Similarly, if you get divorced in July, you’re no longer married for the tax year. The one exception is for widows and widowers: the IRS still allows you to file as married (this is typically favorable for most taxpayers).
  2. Same sex couples who are married under state law are considered married for federal purposes. This includes not only income taxes but also gift and estate taxes. Registered domestic partnerships, civil unions, or similar formal relationships recognized under state law are not recognized for federal purposes.
  3. The so-called marriage penalty used to be attributable to the fact that the standard deduction for married couples was less than the deduction of two single taxpayers. That changed under the Economic Growth and Tax Relief Reconciliation Act of 2001. For 2013, the standard deduction for individual taxpayers is $6,100 and the standard deduction for married taxpayers is exactly twice that amount: $12,200.
  4. Also double? The capital gains tax exclusion that applies to selling your home. If you owned your home for at least two out of the past five years and it served as your primary residence for two of the past five years, you can exclude up to $500,000 from income subject to capital gains when you sell your home. Single taxpayers may only exclude up to $250,000. Here’s a quick example: let’s assume you bought your home for $100,000 (assuming no capital improvements or other adjustments to basis) and you are selling it for $600,000. If you are single, you can exclude $250,000 of the $500,000, so that you pay capital gains tax on the remaining $250,000. In the same example, a married couple would exclude $500,000 – and pay no tax. For purposes of the exclusion, only one spouse has to own the house for two of the past five years but both have to live in the house for at least two years (though you may count time that you were living together in sin, as Mom would say).
  5. You don’t inherit your spouse’s tax liability when you get married. If your spouse has outstanding tax liabilities before you tie the knot, those don’t become yours. Ditto for child support and student loan defaults. That doesn't mean that it won’t be a headache: filing jointly may still subject you to having your refund seized. You’ll have to notify the IRS that you want your refund split; this is referred to as an “Injured Spouse” allocation.
  6. You don’t have to file jointly when you’re married but you may not file as Single. If you want to file a separate return, the correct marital status is Married Filing Separate. If you elect to file as Married Filing Separate, both spouses must make the same election. Similarly, if you choose to itemize your deductions, both spouses must itemize; if you opt for the standard deduction, both spouses must claim the standard deduction.
  7. Your spouse is never your dependent. The correct term is “personal exemption” – and if you are filing a joint tax return, you may claim one exemption for yourself and one for your spouse.
  8. Once you get married, your parents cannot claim you as a dependent if you file a joint return with your spouse (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid). It doesn't matter if mom and dad are still paying the bills for you and/or your spouse or if they otherwise support you. Additionally, if you are filing a joint return and your spouse can be claimed as a dependent by someone else, you and your spouse cannot claim any dependents on your joint return.
  9. If you aren't working, you can still benefit from an individual retirement account (IRA). One of the often overlooked perks of filing jointly is that you and your spouse can each make tax deductible IRA contributions even if only one of you is earning money. For 2013, the maximum you can contribute to all of your traditional and Roth IRAs – including for a spousal IRA – to qualify for the deduction is the smaller of $5,500 ($6,500 if you’re age 50 or older), or your combined taxable compensation for the year.
  10. Your signature on that return means something. You might cheat on your husband or your wife and get away with lying about it but you don’t want to cheat on the IRS. When you sign that return, you are acknowledging to the IRS that you know what’s in the return and that you agree with it. Specifically, you swear under penalty of perjury “that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete.” Unlike an argument at your house, the IRS doesn't care who said what and when. Unless you meet very narrow criteria (usually related to fraud or abuse) to qualify for Innocent Spouse relief, your signature on a joint return binds you to the consequences of that return – that includes civil and criminal penalties.
It’s a lot to contemplate. But getting right is important… Worrying about money and taxes can take a toll on a relationship. Throw in job stress, in-laws, owning a home, and a few kids – it’s quite a lot to sort out. Don’t put off talking about money and finances. Hire a good accountant. And be prepared. Years from now, you’ll be glad you did.

Questions? Please don't hesitate to call us. We're here to help!


North Sound                                       South Sound
2802 Wetmore Ave, Suite 212           33530 1st Way S, Suite 102
Everett, WA 98201                             Federal Way, WA 98003
425.339.2400                                     253.237.0751
fax 425.259.1099                               fax 253.237.0701

Tuesday, November 5, 2013

Still Got a Sugar Stash? 11 Uses For Leftover Halloween Candy (And The Resulting Tax Consequences)

Apparently, the geek apple doesn't fall far from the tree.
This weekend, my kids counted, sorted and made charts representing their individual candy distributions. They had the most fun figuring out which candy company made which candy and then tallying how much of their stash came from which company. In our house, Hershey came out on top which led to a quick query on Twitter whether that might just be a Pennsylvania thing (it turns out that it might be – according to Candy Industry, Mars is the #1 candy company in the world, Nestle checks in at #4 and Hershey is #5).
There was a lot of candy to count (and chart). My little Ghostbuster, Medusa and Black Widow did alright this year. We had to cut them off at some point because they will never, ever eat all of that candy. They love the idea of it but really, we’re not big candy eaters at our house (if folks handed out bacon at Halloween, this post would have a very different ending).
I’m always challenged to figure out what to do with all of the leftovers… which inspired a post a couple of years back. It’s back for an encore – updated for the new tax year, of course. Enjoy!
So being the tax geek that I am, I've compiled a list of ten uses for leftover Halloween candy, together with a summary of the non-tax and tax consequences:
1. Give the good stuff to your favorite tax professional out of the kindness of your heart.
Non-tax consequences: You win undying gratitude of your tax professional so long as you pony up the Reese’s cups and Kit Kats and don’t try to sneak in a Mary Jane or a Now and Later.
Tax consequences: None, really. It’s a gift. And unless you make a habit of giving your tax professional large gifts in excess of the annual gift tax exclusion ($14,000 for 2013 and 2014), you're fine. Note that I’m not necessarily discouraging this behavior.
2. Pay your tax professional in chocolate.
Non-tax consequences: Even with the price of goods on the way up, that’s a lot of candy. If your tax professional has a sweet tooth, he or she might appreciate it. Otherwise, they’ll probably insist on a traditional payment in the way of cash, check or credit card.
Tax consequences: Assuming that you can pony up enough good candy to equal the cost of the bill (and that your tax professional accepts candy as payment), the payment – even if in deliciousness as opposed to cash – is deductible as miscellaneous deduction subject to the 2% floor to the extent that it constitutes fees for tax advice or tax preparation. You must itemize to take this deduction, found at line 23 on Schedule A.
3. Pay your plumber, electrician or cleaning service in Snickers bars.
Non-tax consequences: See #2 immediately above.
Tax consequences: None. Unlike tax advice, the cost of most personal services isn't deductible.
4. Take a bowl of candy to work.
Non-tax consequences: Your colleagues will be grateful to you for making them happy. Also fat. But mostly happy.
Tax consequences: None, really. Unfortunately, candy provided to your work colleagues doesn’t qualify as an unreimbursed employee expense. Qualifying unreimbursed employee expenses are deductible on a Schedule A at line 21 to the extent that they are paid or incurred during your tax year; used for carrying on your trade or business of being an employee; and ordinary and necessary. An expense is ordinary if it is common and accepted in your trade, business, or profession and necessary if it is appropriate and helpful to your business. While your colleagues might argue that chocolate covered peanuts are both ordinary and necessary, the IRS would likely disagree.
5. Exchange your Mike and Ike candies for other stuff.
Non-tax consequences: If you use a program like Halloween Candy Buy Back, participating dentists will “buy” back your candy in exchange for cash, coupons, toothbrushes and other creative exchanges; the dentists then send the candy to Operation Gratitude or other military support groups. That should give you plenty of reasons to smile.
Tax consequences: Property held for personal use (and not investment) is considered a capital asset and you have to report any gain as a capital gain. Assuming that the candy is exchanged for an equivalent item, there should be no tax consequences. Conversely, you can’t ever deduct losses from the sale of personal property, even if you seriously lose out by exchanging a stash of Reese’s cups for a gift certificate to a restaurant that you’ll never step foot in. All of this, of course, assumes that you’re not in the business of buying and selling candy – that’s a whole other analysis.
Don’t get fooled into thinking you can take a charitable donation for the buy back: you can only take a charitable deduction for gifts to qualifying organization to the extent that you don’t receive something in return. Most dentists aren’t charitable and a even buyback necessarily means that the cost of any deduction is offset by the exchange.
6. Pawn your stash off on the kids at Christmas.
Non-tax consequences: If you put it in the freezer now, you can recycle it for later – voila! Money saved. Just be sure to sort out the candy with bats and pumpkins from the more traditional candy otherwise you’ll have to explain why Santa and the elves are handing out Halloween candy. Note to new parents: trying to make up a story about the “Christmas bat” almost never works.
Tax consequences: None. You can’t claim tax deductions for personal expenses – whether eaten at Halloween or Christmas. And, of course, this wasn't your expense to begin with…
Non-tax consequences: Warm fuzzies. You did a good thing.
Tax consequences: (We touched on this idea a week ago, which you can check out here) This one depends. Assuming that you make a contribution to a qualified charitable organization (check with IRS if you're not sure), you can generally deduct the value of goods as an itemized deduction on your Schedule A. Document your gift and get a receipt from the organization. There’s one more caveat: in addition to the practical aspect of making sure that the organization actually wants your extra candy, if you’re donating property that’s not related to the charity’s exempt purpose, your donation may be limited. In other words, if you’re giving candy to an after school program for homeless children, you can be reasonably sure that the program will use the candy to accomplish its charitable purpose. But if you donate that same candy to an art museum, not so much. So, use common sense when you choosing an organization – and a little courtesy (ask first).
8. Use candy as prizes for bingo (and card games).
Non-tax consequences: Kids – including big ones who might happen to be tax attorneys – love bingo. We play for fun at our house. It helps the kids recognize letters and numbers and makes for a fun family activity. We don’t actually play for real prizes, except when Grandpa is involved, in which case the stakes are much higher (and involve bragging rights and possibly end in a skirmish or two).
Tax consequences: Our family bingo games don’t have any tax consequences because we play for peanuts – okay, literally for peanut M&Ms, but you get the point. However, in general, bingo winnings are taxable to the winner as income on line 21 of your federal form 1040: it does not matter whether you the winnings are in cash or property (though clearly if you eat the winnings, they're pretty hard to trace – not that I’m suggesting you evade taxation by this method).
And in case you’re wondering if your unorthodox method of play really qualifies as bingo, there is a statute for that. At your next cocktail party, feel free to drop this actual definition of bingo found in the Treasury Regulations:
A bingo game is a game of chance played with cards that are generally printed with five rows of five squares each. Participants place markers over randomly called numbers on the cards in an attempt to form a preselected pattern such as a horizontal, vertical, or diagonal line, or all four corners. The first participant to form the preselected pattern wins the game. – 26 C.F.R. § 1.513-5
9. Use it for tips.
Non-tax consequences: Okay, I'm not suggesting that you not give the paperboy a cash tip. But why not hand over some yummy candy as well? It can’t be a bad thing to be known as the house on the block that gives out the best tips ever. But that means you have to give out the good stuff – giving out the licorice whips and Necco wafers isn't going to win you any kudos.
Tax consequences: It depends on who you’re paying. You can’t deduct tips to the paperboy or the pizza delivery girl. However, to the extent that you’re tipping the babysitter or other employees, technically tips are taxable to them (and thus likely deductible to you) – but see #10.
10. Make gifts for the babysitter, the cleaning service, etc.
Non-tax consequences: Who doesn't like getting a nice gift now and again? And with a little ingenuity, you can make a pretty cute gift box or bag filled with candy “just because” – minimal cost and effort for a potentially nice moment.
Tax consequences: Gifts to employees are not really gifts. No matter what you want to call it (a thank you, a bonus, a perk), a gift made to an employee is compensation as far as the IRS is concerned. However, there’s an exception to this rule for small non-cash gifts which are considered de minimis. Those gifts are not taxable. So, a few Hershey bars in a cute box would be de minimis and therefore nontaxable – a tower of chocolate, not so much (taxable, though clearly delicious).
So there you have it. Ten uses for all of that extra Halloween candy.
If none of those appeal to you, you can always go with bonus use #11: just eat it.
Questions? Give us a call! As always, we are here to help, especially when it involves helping people with candy! 


North Sound                                       South Sound
2802 Wetmore Ave, Suite 212           33530 1st Way S, Suite 102
Everett, WA 98201                             Federal Way, WA 98003
425.339.2400                                     253.237.0751
fax 425.259.1099                               fax 253.237.0701