Every taxpayer has the right AND the responsibility to lower his/her tax bill using a number of different legal methods. Tax planning is the tool that helps you evaluate your financial situation in light of current laws to make sure that you get the benefit of all deductions you’re entitled to.

Your Tax Planning Barometer

Consider tax planning BEFORE making a decision about any of the following:

• Borrowing money for any purpose
• Paying off a loan
• Contributing to or taking funds from any type of retirement plan
• Buying or selling any kind of property (vacation home, rental property, other real estate, stocks and bonds, partnership interest, vehicles, personal residence, a business or business assets, tax shelter, etc.)
• Retiring
• Getting married
• Negotiating a divorce agreement
• Making investments where your participation will be minimal
• Making a large gift to your child or other relative
• Changing the form of your business to a partnership or corporation
• Incurring business expenses as an employee
• Holding an uncollectible note
• Moving

When is the Best Time to Start?

To gain the most benefit from your tax planning, you need to make it a consideration all year long. However, many taxpayers find that fall is the best planning season. By then, law changes and new tax rates are usually known, and there’s still enough time to make adjustments before year’s end. You should strongly consider tax planning if your income, deductions, income tax withholding, or estimated tax payments are significantly more or less than last year.

Planning Strategy – A Matter of Timing

Planning strategy is often built on two basic timing precepts:
Rule 1 – Generally, payment of tax owed on income transactions should be postponed as long as possible provided no penalty is incurred or there is not a pending law change that would adversely affect you.

When you postpone the payment of tax on a transaction (e.g., an installment sale), it’s almost like getting an interest-free loan from the government. You have the use of the money until the postponed tax must be paid.

However, sale transactions can also produce hidden dangers from tax underpayment penalties. You will want to plan ahead carefully when you have a sale to be sure that you are covered as far as any penalty is concerned. Your tax advisor will be able to make the best suggestion.

Rule 2 – Year-to-year tax bracket changes should be considered when making decisions to pay deductible expenses or receive taxable income. Law change or fluctuations in your income and expenses may shift you to different tax brackets from year to year. As a general rule, it’s best to receive income in years your tax rates are low, and pay expenses when they are high.
What are the Benefits of Tax Planning?
By planning ahead, you can adjust withholding and estimated tax payments to help eliminate or reduce tax penalties. Making adjustments may also help you postpone payment of tax (you’ll be taking advantage of Rule 1) or let you shift some income or deductions to different tax years to at least lower your taxes (in other words, you’ll be making use of Rule 2).

If you have a casualty loss (e.g., a loss due to fire, theft, or natural disaster), shifting income from one year to another may allow you a greater loss deduction. In some cases, you can even choose in which year to claim the loss.

Tax planning helps you evaluate whether a deduction will really benefit you. Many taxpayers like to make their last state estimated tax payment in December so they can get a federal deduction for it in the current year. This strategy is often a good one, but under certain circumstances, you gain nothing tax-wise. Planning can help you tell for sure!

Buying and selling property create all kinds of tax planning opportunities. For example, if you expect to sell real property at a gain in the near future, your planning should question the timing of the sale closing AND whether it’s best to report your gain all at once or over several tax years (i.e., an installment sale). Another tax break available for property dispositions is the so-called tax-deferred exchange. If you intend to buy another property similar to the one you sold, your plans should consider how an exchange could work for you.

Retirement decisions can cost a lot in extra tax dollars if you don’t take the time to develop a sound tax plan. BEGIN THE PLANNING WELL BEFORE YOU’RE SCHEDULED TO RETIRE TO MAKE SURE YOU COVER ALL THE OPTIONS. For example, say you’re an employee and your employer offers you a choice between getting your pension as an annuity or as a lump-sum payout.

Your planning needs to include crunching numbers to determine the best way to go. You might be eligible for certain special averaging calculations that apply to pensions and can save a lot on taxes! Or perhaps a rollover to an IRA needs to come into the picture. Planning will help you find the best answer!

The tax law provides special breaks for home sale gains, and planning can help make sure you qualify for them. Homeowners may exclude all (or a part) of a gain on a home if they meet certain occupancy and holding period requirements. Be sure to check before finalizing a sale to make sure you meet the necessary qualifications.

Borrowing funds creates interesting tax planning opportunities. The interest on many loans is deductible. Right? NOT ALWAYS! Ensure you are able to deduct the interest, and do your planning homework before you sign on the dotted line!

Tax planning is a must when there are property settlements due to divorce situations. Because of the manner in which the tax law handles transfers of property between spouses, what appears to be a fair split on the surface can turn into just the opposite in the long run.

When it’s time to purchase business equipment, plan first. The tax law contains complicated rules about computing depreciation on business property purchased in the last quarter of the year. Timing of your purchases could be vital to ensure that you get the most from your expenditures.
If you need assistance with your tax planning needs, please give this office a call.

Normally, one would think that Congress would have to take some action to increase taxes. However, it is quite the opposite for 2011. If Congress fails to take action, there will be a tax increase affecting just about everyone in every tax category. In order to skirt a Senate rule that requires 60 votes to pass a bill that increases the deficit beyond a ten-year window, Congress passed the Bush tax cuts in 2001 and 2003 with most provisions designed to sunset this year.

Despite President Obama’s vow of no new taxes for individuals earning less than $200,000 and families earning less than $250,000, stopping these tax increases from taking place will require Congressional action. However, not only are we in an election year – when most of our politicians tend to steer away from tax-related discussions before voting day – Congress is looking for ways to make up some of the budget deficit, and many legislators consider extending the current laws to be too costly. So, we may not see any action on tax increases or extensions until late in November, if then.

To put this all in perspective, the following is a list of some of the automatic tax changes that have already taken place in 2010 or will take place in 2011 and subsequent years as a result of expiring or new tax laws.

Those Affecting 2010:

o Non-Itemizers Real Property Tax Deduction – The $500 ($1,000 for joint filers) property tax deduction for non-itemizers expired after 2009. This most likely will impact lower-income taxpayers, or those whose homes are mortgage-free and have no home interest expense, and who are unable to itemize their deductions. For taxpayers in the 15% tax bracket, this equates to a $75 tax increase (or $150 for joint filers).

o Sales Tax in Lieu of State Income Tax – The option to deduct sales tax in lieu of state income tax as an itemized deduction on a taxpayer’s Schedule A expired after 2009. Although this will impact taxpayers with low state income taxes and those that purchased vehicles, boats or airplanes, it will have the greatest impact on taxpayers in states where there is no state income tax and thus no state income tax deduction to take in place of the expiring sales tax deduction.

o Farm Losses – For tax years beginning after 2009, the Farm Act limits the farming loss of a taxpayer, other than a C corporation, for any tax year in which any applicable subsidies are received. The losses are limited to the greater of (a) $300,000 ($150,000 for a married person filing separately), or (b) the taxpayer’s total net farm income for the prior five tax years.

o Alternative Minimum Tax – Way back in 2001, Congress increased the AMT exemption to keep middle-class taxpayers from being caught up in this punitive tax and have been inflation adjusting and extending it on an annual basis in recent years. However, they seem reluctant to adjust it for 2010. If they do not, the exemption will return to $45,000 for joint filers (down from $70,950 in 2009) and $33,750 (down from $46,700 in 2009) for unmarried individuals. This will generally snare middle-income taxpayers, and the tax bite can range upwards to several thousand dollars.

o Teacher’s Classroom Supplies Deduction – The $250 above-the-line deduction for teacher classroom supplies expired after 2009.

o Above-the-Line Education Deduction – The up-to-$4,000 above-the-line deduction for education expenses (tuition and fees) expired after 2009.

Those Affecting 2011:

o Tax Rates – As part of the Bush era tax cuts, the marginal tax rates (they increase with taxable income) were reduced to 10, 15, 25, 28 and 33 percent. These rates are set to return to their original levels of 15, 28, 31, 36 and 39.6 percent. The 10% and 15% brackets will be replaced with a single 15% bracket. This results in an increase for everyone. Those in the previously lowest bracket (10%) will see a tax increase of approximately 5%, while others will see increases ranging approximately from 2% to 6%. In addition, an expanded 15% bracket for a married couple filing a joint return has applied for several years as relief for the “marriage penalty.” This will not apply as of 2011. Instead, the top of the 15% bracket for joint returns will be about 167% of the end point for single returns rather than the 200% it has been.

o Capital Gains Rates – Also, as part of the Bush era cuts, the capital gains rates were substantially reduced, but will return to their old levels of 10% for anyone in the 15% regular tax bracket and 20% for all others. That is up from 0% and 15% in 2010. This will impact investors, business owners and home owners when they sell a capital asset.

o Qualified Dividends – Generally, qualified dividend income is dividend income from stock held for 60 days or longer before the ex-dividend date. These dividends, for a number of years, have been taxed at capital gains rates (0% – 15%). However, the law providing these beneficial rates expires at the end of 2010 and all dividend income will be taxed at ordinary income rates (15% to 39.6%). This will generally impact investors holding income stocks and mutual funds. These individuals will see an overall tax increase greater than just the general 2% to 6% rise noted above.

o Earned Income Credit – This refundable credit currently has four categories of low-income working taxpayers, with the credit increasing as the number of children increase, up to three or more. In 2011, the “three or more children” category will go away, and taxpayers with three or more children will have to use the two or more category. This can reduce the credit for low-income taxpayers with three or more children by up to about $600.

o Child Credit – The tax law provides a tax credit for each of a taxpayer’s children under the age of 17. This credit will drop to $500 (was $1,000 in 2010) per child. Since this credit phases out for higher-income taxpayers, it will generally impact lower-income taxpayers.

o American Opportunity Education Credit (AOEC) – This credit took the place of the Hope Education credit in 2009 and 2010. Where the Hope Credit is non-refundable (can only offset one’s income tax liability), the AOEC was 40% refundable, and where the Hope Credit is for only the first two years of post-secondary education expenses, the AOEC allowed a credit for the first four years of post-secondary education expenses. In addition, prior to 2009, the Hope credit was limited to a maximum of $1,800 per student but the AOEC maximum was $2,500 per student. If the AOEC is not extended, low-income taxpayers will lose out on the refundable feature of the AOEC and those students in their third and fourth year of post-secondary education. Middle-income taxpayers will also be affected, because the point at which the credit phases out due to income limitations was 60% higher under the AOEC than under the Hope credit rules. Higher-income taxpayers are generally not affected since both credits are phased out for higher-income taxpayers.

o Employer Education Assistance – Employers are allowed to provide up to $5,250 of tax-free educational benefits. This provision expires and is no longer available after 2010. The net effect of this expiring benefit is based on the student’s tax bracket. For example, if the student’s employer provided the full $5,250 of benefits, and the student is in the 28% tax bracket, the loss of the tax-free benefit would equate to a $1,470 tax increase.

o Business Expense Deduction – Sec 179 of the tax code allows taxpayers to expense rather than depreciate certain tangible business assets and equipment in the year of purchase. For 2011, the amount that can be written off in a tax year will be $25,000, down from $250,000. This will generally impact mid-size businesses that are planning substantial equipment purchases in excess of $25,000 in the near future.

o Standard Deduction – In 2010, the standard deduction of taxpayers filing married joint status is twice the amount of someone filing under the single status. Beginning in 2011, the so-called marriage penalty is back: joint filers’ standard deduction will be only 167% (instead of 200%) of the single amount. For a married couple in the 28% bracket, the result is additional tax of about $525.

o Phase-Out of Personal Exemptions – For years before 2006, the personal exemptions were phased out for high-income taxpayers. Then, in 2006 through 2010, that phase-out was gradually reduced to where there is no phase-out in 2010. However, the reduction will no longer apply after 2010, and, in 2011, the phase-out reverts to the rules in effect before 2006. This only impacts high-income taxpayers. Although the phase-out threshold income amounts for 2011 are not currently available, they will be approximately $250,000 for a married couple, $210,000 for head of household and $170,000 for single individuals. The loss of each exemption for a high-income taxpayer in the 36% tax bracket will result in an additional tax of approximately $1,300. Thus, a family of four would see an increase of $5,200.

o Phase-Out of Itemized Deductions – At the same time that the exemption phase-out was being reduced (see immediately preceding item), the phase-out of itemized deductions for high-income taxpayers was also being reduced. Thus, for 2011, the high-income taxpayer’s itemized deduction phase-out returns. The phase-out impacts all deductions other than medical, investment interest, casualty and gambling losses. The deductions are phased out by an amount equal to 3% of the taxpayer’s AGI in excess of the AGI phase-out threshold, but not more than 80% of the deductions can be phased out. The phase-out threshold for most individuals will be approximately $170,000, which is significantly less than the exemption phase-out amount for married joint or head of household filers. The tax impact on an affected taxpayer will be 28% to 39.6% of the lost deductions.

o Coverdell Accounts – The contribution limit to Coverdell education savings accounts will be reduced from $2,000 per year to $500, tax-free distributions will no longer be allowed for elementary and secondary education (only post-secondary education), education credits will not be allowed in the same year as a Coverdell distribution, and contributions cannot be made to a Coverdell account and a Sec 529 plan in the same year.

o Home Energy Improvement Credit – The $1,500 credit for making improvements that increase the energy efficiency of a taxpayer’s home expires after 2010.

o Hybrid & Lean Burn Credits – Most manufacturers have reached the 60,000 unit maximum after which the credit is reduced or no longer allowed. As a result, this credit will have very limited application in 2011.

o Health Savings Accounts – The penalty for a nonqualified distribution from an HSA has been increased from 10% to 20% and distribution for over-the-counter medication is no longer a qualified distribution.

o Making Work Pay Credit – Expires after 2010. This refundable credit of $800 for joint filers and $400 for unmarried individuals phases out for higher-income taxpayers so the loss of the credit impacts middle- to low-income taxpayers.

o Higher Education Interest Deduction – This deduction will phase-out for joint filing taxpayers beginning at an AGI of $60,000 (down from $120,000 in 2010). The phase-out for an unmarried taxpayer remains the same. In addition, the deduction is limited to interest paid on the first 60 months (was previously unlimited) in which interest payments are required. This will impact higher-income joint filers and taxpayers who have already exceeded the 60-month limitation.

o Estate Tax – The estate tax, which was eliminated for 2010, returns in 2011 with an exemption of $1 million dollars (down from $3.5 million in 2009), and a maximum tax rate of 55%, up from 45%.

On top of all these changes, there are the Health Care provisions that are taking effect in 2013, including the following: increasing the medical deduction floor to 10% for most individuals (up from 7.5%), adding a 3.8% unearned income surtax to high-income taxpayers, and tacking on an additional .9% to the current 1.45% hospitalization insurance (HI) portions of the FICA withholding (or the SE tax in case of self-employed individuals). The surtax and additional HI withholding apply to incomes in excess of $250,000 for married joint filers, $125,000 for married individuals filing separately and $200,000 for others.

It is anticipated that Congress will extend certain provisions and perhaps limit high-income taxpayers from benefiting from those extended provisions. We will advise you when changes are made.

If you have questions related to any of these issues or would like to set up a planning appointment, please give this office a call.

Excerpt from Clientwhys Monthly Newsletter

Getting married involves hundreds of details and decisions, from wedding planning to house hunting to joint checking accounts. Although taxes may not be high on your priority list, it’s important to consider how you will file your annual returns as newlyweds. With tax season less than a year away, it’s a great time to look at some of the changes you may need to make for the IRS.
Here are some basic tips:
• Know Your Deductions: If you get married before December 31, you may file as a couple. The IRS allows for deductions from your income before determining the amount of taxes you’ll be required to pay. For non-itemized returns, there is a standard deduction of $5,700 for an individual, or $11,400 for a couple. Start by estimating your deductions; if you’re sure they will be more than the standard deduction, it’s in your best interests to itemize your return. Many newlyweds end up owing money the first year. To avoid this, you and/or your spouse may need to adjust your withholdings to prevent any unpleasant surprises in April. Contact your employer’s HR department to make any necessary changes on your IRS W-4 forms.
• Consider Your IRA Account: With Roth IRAs, there is an income limit for contributors. For singles, the limit is under $105,000 and the amount you can contribute disappears as your income reaches $120,000. For married couples, those thresholds are $166,000 and $176,000— less than double the individual threshold. If you’ve contributed this year, make sure you are still under the income allowed for couples.
• Don’t Forget Your Student Loans: Once you’re married, there are a few changes here, too. Even if you use the short 1040 form and don’t itemize, you are eligible for a student loan deduction. A single individual making under $60,000 a year is currently eligible to receive up to a $2,500 deduction against the interest paid on school loans. The deduction disappears as your income approaches $75,000. For married couples, those thresholds are doubled: a $120,000 combined income for the full $2,500 and $150,000 combined income at the deduction cap. On the downside, couples are not eligible for both of the $2,500 deductibles they may have been receiving as two single individuals. The IRS only allows for one of these $2,500 deductions per tax return.
As you begin your life together as newlyweds, be sure to all of the necessary changes in your financial lives as well. We’ve only covered a few of the most common considerations; as always, it’s best to check with a qualified tax consultant to discuss your specific circumstances.

Earlier this year, the American Recovery and Reinvestment Act (ARRA) outlined some new and expanded tax benefits for individuals and business owners who invest in energy-saving appliances, improvements, or alternate energy sources that result in reduced usage and conserved resources.

Homeowners can earn a tax credit of up to 10% of the cost of solar energy systems, energy-efficient construction, or other alternate energy sources. This isn’t just a deduction of your income—it’s a full credit that is deducted directly from the amount of taxes you’re required to pay.

Each individual improvement is subject to its own set of criteria. Below are some specific green tax incentives available to business owners:

• Commercial buildings: If you build or renovate a commercial building that uses 50% or more less energy than the national average, you may be entitled to a tax credit of up to $1.80 per square foot.
• Combined heat and power systems (CHPs): If you institute a CHP that meets the minimum efficiency specifications, you could be eligible for an investment tax credit of up to 10%.
• Commercial vehicles: If your business uses fuel-efficient hybrid vehicles, you can earn tax credits based on the weight, fuel economy, and purchase price of the vehicle.
• Fuel cells and microturbines: If you invested in these eco-friendly technologies this year to generate electricity and power for your business, you could be eligible for tax credits of 30% of the cost of fuel cells or 10% of the cost of microturbines.
• Solar energy systems: Businesses that use solar energy for lighting, water heating, or electricity can receive up to 30% of the cost of the system in the form of a tax credit.

It’s great that the IRS is taking steps to recognize and reward energy-saving measures, but the specific clauses are complex. Eligibility is dependent on where you live, whether your investment meets specific criteria, and when the energy-saving tactic was put into place. There are extensive provisions, changes, and limitations that can be confusing for the average taxpayer to decipher. To make sure you’re reaping the maximum benefit of the new “green” tax laws, it’s best to consult with your CPA.

It can happen to even the most meticulous filer: after sending off your e-return to the IRS or dropping it in the mail, you notice an error. After the initial flurry of panic, you can relax—your return may technically be out of your hands, but it’s not set in stone just yet.

The IRS has factored in a margin of error for busy taxpayers by providing the Form 1040X. The “X-file” allows you to specify what you reported on your original return, where the error was made, and what the correct figures are. You can even use the form to add or remove dependents or change your filing status. The IRS allows you to file an amendment up to three years after the original filing date.

Below are a few CPA-recommended tips for filing the Form 1040X:

• Indicate the year of the return you’re correcting and include detailed explanations on the back of the form.
• Be sure to include any additional forms or scheduled associated with the change you’re making.
• If you’re amending multiple returns, use a separate form for each year and mail them in separate envelopes.
• Check to make sure your correction doesn’t affect your state taxes; if so, you’ll need to file a separate correction.
• There’s no need to file a Form 1040X if you made a mathematical error on your return; this will be automatically detected and adjusted by the IRS.

Depending on the nature of your error, filing an amended return with the 1040X may work in your favor or could end up costing you. If you neglected to include a source of income in the original return, you’ll probably wind up paying more or receiving less of a refund. But if you’re using the Form 1040X to include an overlooked deductible, you’ll end up reaping some monetary rewards.

Either way, you’re legally bound to correct any errors. It can be tempting to let them slip by, but it’s likely that the IRS will find them sooner or later, and you could face steep interest fees.

There are some additional stipulations and exceptions surrounding tax return amendments. To make sure you cover all your bases, it’s best to consult with your CPA if you discover an error.

1. Medical expenses: If your annual medical bills add up to over 7.5% of your income, they can be written off as a tax deduction. While you can’t count portions that were paid by an insurance policy, any non-covered costs are eligible, including associated expenses like insurance premiums and mileage to and from a treatment facility.
2. Property taxes: As of 2008, married couples filing jointly can enter a standard deduction of up to $1,000 for real estate taxes, and single homeowners can deduct up to $500—even if they don’t have enough deductions to file an itemized return on a Schedule A.
3. Moving costs: It’s one of the most stressful ordeals a family can go through, but at least you can reap a tax benefit if the move was related to a job transfer. Your CPA can identify which moving costs are eligible to serve as deductions, such as mileage, truck rental, and storage fees.
4. Child care: You’ve already resigned yourself to this inevitable expense—but did you know that any child care, preschool, or even summer day camp fees qualify as tax credits if your children attend during your work hours?
5. Working from home: Even if you don’t feel comfortable writing off the corner of the bedroom as home office space, you can deduct any purchases you make that support the work you do at home, such as a laptop, planner, pens and notebooks, business cards, and possibly even Internet access.
6. Job hunting: With rampant layoffs and longer periods of unemployment, this oft-overlooked tax break can mean considerable savings for workers who are seeking a new position within the same field. Keep track of printing costs, travel expenses, recruiters’ agency fees, and any expenses related to your job hunt.

When you work with a CPA, you’ll enjoy the peace of mind that comes with having a fresh (and highly trained) pair of eyes to evaluate your financial situation. After all, wouldn’t you rather be focusing on your business or family than crunching numbers? Let a professional chase down hidden tax deductions, saving you valuable time and money.