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http://www.mass.gov/legis/laws/mgl/68-18.htm

The IRS's improper handling of applications for tax-exempt status from conservative groups has led to the removal of top officials, the appointment of a new Acting Commissioner, a 30-day top-down review of the agency's operations, Congressional hearings, and a criminal investigation. The outcome of all these activities may reshape how the IRS operates and how it interacts with taxpayers. In coming weeks and months, more details are expected to be uncovered about how the IRS treated conservative groups seeking tax-exempt status, who knew of a problem, and what can be done to prevent any reoccurrence in the future.

The IRS's improper handling of applications for tax-exempt status from conservative groups has led to the removal of top officials, the appointment of a new Acting Commissioner, a 30-day top-down review of the agency's operations, Congressional hearings, and a criminal investigation. The outcome of all these activities may reshape how the IRS operates and how it interacts with taxpayers. In coming weeks and months, more details are expected to be uncovered about how the IRS treated conservative groups seeking tax-exempt status, who knew of a problem, and what can be done to prevent any reoccurrence in the future.

Applications for tax-exemption

In 2012, a House Committee asked the Treasury Inspector General for Tax Administration (TIGTA) to investigate reports of the IRS improperly handling applications for tax-exempt status from conservative groups. TIGTA launched a lengthy investigation that included interviewing IRS employees in Cincinnati, who process applications for tax-exempt status. On May 10, a few days before TIGTA was scheduled to release its findings, an IRS official apologized for the agency's inappropriate treatment of applications for tax-exemption from conservative groups.

TIGTA confirmed what the IRS official had said. TIGTA found that the IRS personnel in Cincinnati had used inappropriate criteria that identified for review Tea Party and other organizations applying for tax-exempt status based upon their names or policy positions. These included names such as Tea Party, Patriots and 9/12.

TIGTA further discovered that the IRS had sent requests for unnecessary information to these organizations. According to TIGTA, examples of this unnecessary information included the names of past and future donors, listings of all issues important to the organization and what the organization's positions were regarding the issues, and whether officers or directors have run for public office or would be running for public office in the future. TIGTA told Congress that all of the IRS's actions were inappropriate because they went beyond what was authorized by federal law and regulations. The IRS's inappropriate criteria may have led to inconsistent treatment of organizations applying for tax-exempt status, TIGTA concluded.

New leader, 30-day review

On May 15, President Obama announced that the Acting Commissioner of the IRS had resigned at his request. President Obama appointed Daniel Werfel, a career government employee, as the new Acting Commissioner.  "The American people deserve to have the utmost confidence and trust in their government as we work to get to the bottom of what happened in the IRS," the President said.

Werfel has been ordered by the White House to undertake a 30-day review of the agency's operations, processes and practices. Werfel is to report his findings and recommendations for improvements to President Obama before the end of June. Since Werfel's appointment, the head of the IRS Tax-Exempt Division has retired and the official who oversaw the Cincinnati office was placed on administrative leave, after reportedly being asked to resign by Werfel. White House officials have indicated that more personnel changes may take place after the results of the 30-day review are announced.

Congressional investigations

Three Congressional Committees - the Senate Finance Committee, the House Oversight and Government Reform Committee and the House Ways and Means Committee - held hearings in May. The former Commissioner of the IRS, Douglas Shulman, and the ex-Acting Commissioner, Steven Miller, both told lawmakers that they were dismayed at TIGTA's report. "As a general principle, as the IRS commissioner, I didn't touch individual cases and I certainly didn't touch cases that involved political activity." Shulman said. Shulman added that he was "saddened" that these activities occurred on his watch.  Miller acknowledged that the IRS had acted improperly but denied any partisan motivation for the conduct of employees.

For many lawmakers, the key question is whether IRS officials mislead them in previous hearings. "We are concerned about the extent to which senior officials became aware of these practices, when they found out, and what they did or did not do to put a stop to them. And, perhaps most important, we want to know why the IRS purposefully misled Congress when they led us to believe that no groups were being targeted," Sen. Orrin Hatch, R-Utah, said.

More Congressional hearings are scheduled. "We need to understand how and why this targeting occurred," Senate Finance Committee Chair Max Baucus, D-Montana, said. "We need to know who was involved and who was responsible, and we need to install new safeguards to ensure this targeting never happens again."

Criminal investigation

The U.S. Department of Justice has opened a criminal investigation into the IRS's scrutiny of applications from conservative groups.  "The FBI is coordinating with the Justice Department to see if any laws were broken in connection with those matters related to the IRS," Attorney General Eric Holder said on May 14. Holder has not said when the results of the investigation will be released.

The government continues to push out guidance under the Patient Protection and Affordable Care Act (PPACA). Several major provisions of the law take effect January 1, 2014, including the employer mandate, the individual mandate, the premium assistance tax credit, and the operation of health insurance exchanges. The three agencies responsible for administering PPACA - the IRS, the Department of Labor (DOL), and the Department of Health and Human Services (HHS) - are under pressure to provide needed guidance, and they are responding with regulations, notices, and frequently asked questions.

The government continues to push out guidance under the Patient Protection and Affordable Care Act (PPACA). Several major provisions of the law take effect January 1, 2014, including the employer mandate, the individual mandate, the premium assistance tax credit, and the operation of health insurance exchanges. The three agencies responsible for administering PPACA - the IRS, the Department of Labor (DOL), and the Department of Health and Human Services (HHS) - are under pressure to provide needed guidance, and they are responding with regulations, notices, and frequently asked questions.

The health law provisions interact. Individuals are supposed to carry health insurance or pay a tax. Employers are supposed to offer coverage or pay a tax. The exchanges will provide information about the availability of different health care plans and will certify individuals eligible for the premium assistance tax credit. Individuals who cannot obtain affordable coverage may purchase insurance through an exchange and may be entitled to a premium assistance tax credit.

Exchanges

The DOL, in a technical release, provided temporary guidance to employers about their obligation to notify their employees of the availability of health insurance through an exchange and of the potential to qualify for the premium assistance tax credit if they purchase insurance through an exchange. Exchanges will begin operating January 1, 2014 and will provide open enrollment for their coverage beginning October 1, 2013. DOL provided model notices for employers to send out beginning October 1, 2013. Notices must be issued to all employees, whether or not the employer offers insurance and whether or not the employee enrolls in the employer's insurance.

Employer mandate

As part of the regulatory process, the IRS recently held a hearing on proposed regulations regarding the employer mandate, which imposes a penalty on employers who fail to provide adequate health insurance coverage in certain circumstances. The employer mandate takes effect January 1, 2014. Twenty different groups testified on relevant issues, including: the definition of a large employer subject to the penalty, the definition of a full-time employee who must be offered coverage, and the determination whether the coverage is affordable.

Minimum value

The IRS issued proposed regulations to clarify the minimum value requirement for employer-provided health insurance. The regulations provide additional guidance on how to determine whether an individual is eligible for the premium assistance tax credit. Taxpayers will not be eligible for the credit if they are eligible for other "minimum essential (health insurance) coverage" (MEC). MEC includes employer-sponsored coverage that is affordable and that provides minimum value. Employer coverage fails to provide minimum value if the employer pays less than 60 percent of the cost of plan benefits. Taxpayers may rely on the proposed regulations for years ending before January 1, 2015.

Medical loss ratio (MLR)

The IRS issued proposed regulations on MLRs. Insurance companies must provide premium rebates to their customers if they fail to spend at least 80 percent (85 percent for large companies) of their premiums directly on health care, as opposed to executive salaries and other expenses. The provision took effect in 2012; and the first round of MLR rebates was distributed in 2012. The IRS issued several notices to implement the program; the proposed regulation would apply to tax years beginning after December 31, 2013.

Annual limits on benefits

PPACA generally prohibits group health plans and health insurance issuers that offer group or individual health insurance from imposing annual or lifetime limits on the value of essential health benefits. Although some limits are allowed for plan years beginning before January 1, 2014, HHS regulations provide that HHS may waive the limits if they would cause a significant decrease in benefits or significant increase in premiums. IRS, DOL, and HHS issued frequently asked questions (FAQs) to clarify that plan or issuer receiving a waiver may not extend the waiver to a different plan or policy year.

Summary of benefits and coverage

PPACA generally requires insurers, employers and other health care plan providers to give a Summary of Benefits and Coverage (SBC) to participants and other affected individuals. In recent FAQs, the three government agencies advised that an updated SBC template and a sample SBC are available on the DOL's website. These documents can be used for coverage beginning in 2014. The agencies also extended certain enforcement relief. The agencies issued final regulations in 2012, and indicated that providers can continue to use coverage examples in current guidance, without adding new examples to their SBC.

Employer reporting

The Treasury Inspector General for Tax Administration (TIGTA) issued a recent report on some of the new information reporting requirements that PPACA has imposed on employers. For example, health insurance providers must report information for each individual who receives coverage. Large employers must report details about the coverage offered to employees and their dependents, including the premiums and the employer's share of costs. Employers must also report the cost of coverage to employees on their Forms W-2. The IRS will use these reports to administer PPACA's requirements.

PPACA is a complicated law. Many of its most important provisions take effect in 2014. The IRS and other responsible federal agencies continue to issue guidance and to take comments on the administration of the law.

If you have any questions about PPACA and what strategies you or your business might adopt, please contact our office.

On May 6, 2013 the Senate passed the Marketplace Fairness Act of 2013 (a.k.a, the "Internet Sales Tax Bill" by 69-27. Passage in the Senate was considered a major hurdle for taxing Internet sales. The bill, if passed in the House and signed by the President, would enable states to collect from certain online sellers sales and use tax on sales made to customers in the state. The bill proposes a complete change from the current law, which provides that a state may not compel a seller to collect the state's tax unless the seller has a physical presence within that state.

On May 6, 2013 the Senate passed the Marketplace Fairness Act of 2013 (a.k.a, the "Internet Sales Tax Bill" by 69-27. Passage in the Senate was considered a major hurdle for taxing Internet sales. The bill, if passed in the House and signed by the President, would enable states to collect from certain online sellers sales and use tax on sales made to customers in the state. The bill proposes a complete change from the current law, which provides that a state may not compel a seller to collect the state's tax unless the seller has a physical presence within that state.

Small seller exemption

The Marketplace Fairness Act includes an exception intended to protect small businesses. For example, a state would not be allowed to require tax collection by a seller that had gross annual receipts in total remote sales in the preceding year of $1 million or less. Persons with one or more ownership relationships to one another would have their sales aggregated if such relationships were determined to have been designed with the principal purpose of avoiding the application of the Act.

Proponents of the bill say that the main issue is fairness. Brick-and-mortar retailers have long argued that the physical presence restriction provides Internet sellers with an unfair advantage. By not collecting sales tax, an online retailer seller can, in effect, sell an item at a lower price than a store. Retailers who operate stores have increasingly complained of "showrooming" by customers who come to a store to browse and then order the same merchandise online where they will not be charged for sales tax.

On the other hand, opponents of the bill say it would kill jobs and place an unreasonable compliance burden on small online businesses that are forced to deal with more bureaucracy and collect tax in approximately 9,600 jurisdictions. Conservative groups also contend that the Marketplace Fairness Act allows overreaching by state governments.

Authority to require tax collection

The Marketplace Fairness Act would allow a state to require all online sellers that do not qualify for the small seller exemption to collect tax on all taxable sales sources to that state. Streamlined sales tax member states would be granted this authority beginning 180 days after the state publishes notice of its intent to exercise its taxing authority under the Act, but not earlier than the first day of the calendar quarter that is at least 180 days after the enactment of the Act.

Non-streamlined sales tax member states, on the other hand, would receive this authority beginning no earlier than the first day of the calendar quarter that is at least six months after the date that the state enacts legislation to exercise the authority and implements the Marketplace Fairness Act's mandatory simplification requirements.

The Marketplace Fairness Act is currently sitting in the House of Representatives. For information on any recent developments, please contact our offices.

Vacation homes offer owners many tax breaks similar to those for primary residences. Vacation homes also offer owners the opportunity to earn tax-advantaged and even tax-free income from a certain level of rental income. The value of vacation homes are also on the rise again, offering an investment side to ownership that can ultimately be realized at a beneficial long-term capital gains rate.

Vacation homes offer owners many tax breaks similar to those for primary residences. Vacation homes also offer owners the opportunity to earn tax-advantaged and even tax-free income from a certain level of rental income. The value of vacation homes are also on the rise again, offering an investment side to ownership that can ultimately be realized at a beneficial long-term capital gains rate.

Homeowners can deduct mortgage interest they pay on up to $1 million of "acquisition indebtedness" incurred to buy their primary residence and one additional residence. If their total mortgage indebtedness exceeds $1 million, they can still deduct the interest they pay on their first $1 million. If one mortgage carries a substantially higher rate than the second, it makes sense to deduct the higher interest first to maximize deductions.

Vacation homeowners don't need to buy an actual house (or even a condominium) to take advantage of second-home mortgage interest deductions. They can deduct interest they pay on a loan secured by a timeshare, yacht, or motor home so long as it includes sleeping, cooking, and toilet facilities.

Capital gain on vacation properties. Gains from selling a vacation home are generally taxed as long-term capital gains on Schedule D. As with a primary residence, basis includes the property's contract price (including any mortgage assumed or taken "subject to"), nondeductible closing costs (title insurance and fees, surveys and recording fees, transfer taxes, etc.), and improvements. "Adjusted proceeds" include the property's sale price, minus expenses of sale (real estate commissions, title fees, etc.). The maximum tax on capital gain is now 20 percent, with an additional 3.8 percent net investment tax depending upon income level. There's no separate exclusion that applies when selling a vacation home as there is up to $500,000 for a primary residence.

Vacation home rentals. Many vacation home owners rent those homes to draw income and help finance the cost of owning the home. These rentals are taxed under one of three sets of rules depending on how long the homeowner rents the property.

1. Income from rentals totaling not more than 14 days per year is nontaxable.
2. Income from rentals totaling more than 14 days per year is taxable and is generally reported on Schedule E of Form 1040. Homeowners who rent their properties for more than 14 days can deduct a portion of their mortgage interest, property taxes, maintenance, utilities, and other expenses to offset that income. That deduction depends on how many days they use the residence personally versus how many days they rent it.
3. Owners who use their home personally for less than 14 days and less than 10% of the total rental days can treat the property as true "rental" property, which entitled them to a greater number of deductions.

Loans without interest or at below-market interest rates are recharacterized so that the lender must recognize market-rate interest income. Put another way, below-market loans are loans for which a rate of interest that is lower than the applicable federal rate (AFR) (which is computed by the government and released by the IRS on a monthly bases). Special adjustments might be necessary to determine the interest rate on short period loans, variable rate loans, and loans denominated in foreign currencies.

Loans without interest or at below-market interest rates are recharacterized so that the lender must recognize market-rate interest income. Put another way, below-market loans are loans for which a rate of interest that is lower than the applicable federal rate (AFR) (which is computed by the government and released by the IRS on a monthly bases). Special adjustments might be necessary to determine the interest rate on short period loans, variable rate loans, and loans denominated in foreign currencies.

Categories of bargain-rate loans. The below market loan rules apply to a loan within one of six categories:

• gift loans;
• compensation-related loans;
• corporation-shareholder loans;
• tax avoidance loans;
• loans to qualified continuing care facilities; or
• other below-market loans.

A below-market loan is further characterized as either a demand loan or a term loan:

Below-market demand loans. Below-market demand loans are restructured for tax purposes so that the foregone interest is treated as transferred from the lender to the borrower, either as a gift, charitable contribution, dividend, compensation, or other payment, and retransferred by the borrower to the lender as interest. The foregone interest attributable to each calendar year is treated as transferred and retransferred on the last day of that year.

Below-market term loans. Below-market loans other than gift or demand loans are term loans, which are restructured for tax purposes so that the excess of the loan amount over the present value of all required loan payments, that is, the loan's original issue discount (OID), is treated as transferred from the lender to the borrower on the date of the loan. The lender and borrower recognize the interest under the OID rules over the life of the loan.

The principal distinction between the treatment of a gift or demand below-market loan and a term below-market loan, therefore, is in the timing of the consideration deemed transferred by the lender to the borrower. In both instances, the borrower is treated as paying interest and the lender as receiving interest income.

Exceptions/exemptions

The below-market loan rules include several exceptions and exemptions. There is a $10,000 de minimis exception for gift loans, compensation-related loans, and corporation-shareholder loans. Israeli bonds, loans between an employer and an employee stock ownership plan (ESOP), and loans to qualified continuing care facilities are also excepted from the rules. For gift loans directly between individuals, the imputed interest payment cannot exceed the borrower's net investment income for the borrower's tax year. Special rules apply to below-market employee relocation loans, loans from foreign persons, loans between spouses, and interest obligations that are cancelled, waived or forgiven. A lender must attach a statement to an income return that reports income or deductions arising from below-market loans.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of June 2013.

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of June 2013.

June 5
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 29-31.

June 7
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 1-4.

June 10
Employees who work for tips. Employees who received $20 or more in tips during May must report them to their employer using Form 4070.

June 12
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 5-7.

June 14
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 8-11.

June 17
Individuals, partnerships, passthrough entities and corporations make the second installment of 2013 estimated quarterly tax payments.

Individuals who were living abroad on April 15, 2013, must now file their 2012 tax year income tax return under the extended deadline. Extension to file but not to pay until October 15, 2013, are available upon application.

June 19
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 12-14.

June 21
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 15-18.

June 26
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 19-21.

June 28
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 22-25.

June 30
Employees and officers report any financial interest in, or signature authority over, a foreign financial account that exceeded $10,000 at any time during the 2012 calendar year on Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR).

Employers. The deadline for certain employers to enter the expanded Voluntary Classification Settlement Program.

July 3
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 26-28.

July 8
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates June 29-30.

The small business health insurance tax credit, created by the health care reform package, rewards employers that offer health insurance to their employees with a tax break. The credit is targeted to small employers; generally employers with 25 or fewer employees. In May 2010, the IRS issued Notice 2010-44, which describes the steps employers take to determine eligibility for the credit and how to calculate the credit.

Initial steps

1. Determine the employees taken into account for purposes of the credit.

Generally, any employee who performs services for you during the tax year is taken into account in determining your full-time employees (FTEs), average wages, and premiums paid. However partners and certain business owners are excluded. Additionally, family members of these owners and partners are also not taken into account as employees.

Example. A partnership employs five individuals, including one of the partners, Elise, and her spouse, Ron. For purposes of the credit, Elise and Ron are not taken into account as employees in determining the number of FTEs for purposes of the credit.

2. Determine the number of hours of service performed by those employees.

An employee's hours of service include (1) each hour for which an employee is paid, or entitled to payment, for the performance of duties for the employer during the employer's tax year; and (2) each hour for which an employee is paid, or entitled to payment, by the employer on account of vacation, holiday, illness, and similar events. The IRS allows you to use one of three alternative methods to calculate hours of service: (1) actual hours of service; (2) days-worked equivalency; or (3) weeks-worked equivalency.

Example. Priscilla is an employee of ABC Co. ABC's payroll records show that Priscilla worked 2,000 hours and was paid for an additional 80 hours on account of vacation, holiday and illness in 2010. Priscilla performed 2,080 hours of service.

3. Calculate the number of full-time equivalent (FTE) employees.

Employers use a formula to calculate the number of FTEs. Total hours of service credited during the year to qualified employees (but not more than 2,080 hours for any employee) are divided by 2,080. The result, if not a whole number, is then rounded to the next lowest whole number.

Example. An employer pays five employees wages for 2,080 hours each, pays three employees wages for 1,040 hours each, and pays one employee wages for 2,300 hours. The employer's FTEs would be calculated as follows:

(1) Total hours of service not exceeding 2,080 per employee is the sum of:

(a) 10,400 hours of service for the five employees paid for 2,080 hours each (5 x 2,080);

(b) 3,120 hours of service for the three employees paid for 1,040 hours each (3 x 1,040); and

(c) 2,080 hours of service for the one employee paid for 2,300 hours (the lesser of 2,300 and 2,080).

The sum of (a), (b) and (c) equals 15,600 hours of service.

(2) The hours of service -- 15,600 -- are divided by 2,080, which equals 7.5. That number is rounded to the next lowest whole number, which is seven. The employer has seven FTEs.

4. Determine the average annual wages paid per FTE.

Employers also use a formula to determine average annual wages paid for a tax year. The amount of total wages paid to qualified employees is divided by the number of the employer's FTEs for the year. The result is then rounded down to the nearest $1,000 (if not otherwise a multiple of $1,000).

Example. XYZ Co. has 10 FTEs and pays average annual wages of $224,000 for the 2010 tax year. The amount of XYZ's average annual wages is $224,000 divided by 10, which equals $22,400. When rounded down to the nearest $1,000, is $22,000.

5. Determine the amount of premiums paid by the employer.

Only premiums paid by the employer for health insurance coverage are counted in calculating the credit. If an employer pays only a portion of the premiums for the coverage provided to employees (with employees paying the rest), only the portion paid by the employer is taken into account.

However, an employer's premium payments are not taken into account for purposes of the credit unless the payments are for health insurance coverage under a qualifying arrangement. Generally, this is an arrangement under which the employer pays premiums for each employee enrolled in health insurance coverage offered by the employer in an amount equal to a uniform percentage (not less than 50 percent) of the premium cost of the coverage.

Additionally, the amount of an employer's premium payments taken into account in calculating the credit is limited to the premium payments the employer would have made under the same arrangement if the average premium for the small group market in the state (or an area within the state) in which the employer offers coverage were substituted for the actual premium.

Example. MNO Co. offers a health insurance plan with single and family coverage to its nine FTEs with average annual wages of $23,000 per FTE. Four employees are enrolled in single coverage and five are enrolled in family coverage.

MNO pays 50 percent of the premiums for all employees enrolled in single coverage and 50 percent of the premiums for all employees enrolled in family coverage. The premiums are $4,000 a year for single coverage and $10,000 a year for family coverage. The average premium for the small group market in employer's State is $5,000 for single coverage and $12,000 for family coverage.

MNO's premium payments for each FTE ($2,000 for single coverage and $5,000 for family coverage) do not exceed 50 percent of the average premium for the small group market in employer's state ($2,500 for single coverage and $6,000 for family coverage).

The amount of premiums paid by the employer for purposes of computing the credit equals $33,000 ((4 x $2,000) + (5 x $5,000) = $33,000).

Calculating the credit

After determining eligibility for the credit, employers calculate the amount of their credit. The maximum credit is 35 percent for employers with 10 or fewer FTEs paying average annual wages of not more than $25,000. The maximum credit for a tax-exempt employer is 25 percent. The maximum 35 percent and 25 percent credits are available for 2010 through 2013. The maximum amounts rise for 2014 and 2015, but at that time the credit is linked to an employer's participation in a state insurance exchange.

The credit is subject to phase-out. The credit is reduced by 6.667 percent for each FTE in excess of 10 employees and by four percent for each $1,000 that average annual compensation paid to an employee exceeds $25,000.

The following examples illustrate calculation of the credit:

Small for-profit employer

PRS Co. employs nine FTEs with average annual wages of $23,000 per FTE for the 2010 tax year. PRS pays $72,000 in health insurance premiums for those employees (which does not exceed the average premium for the small group market in the employer's state) and otherwise meets the requirements for the credit. PRS's credit for 2010 is $25,200 (35 percent x $72,000).

Small tax-exempt employer

TUV employs 10 FTES with average annual wages of $21,000 per FTE for the 2010 tax year. TUV pays $80,000 in health insurance premiums for its employees (which does not exceed the average premium for the small group market in the employer's state) and otherwise meets the requirements for the credit. The total amount of the employer's income tax and Medicare tax withholding plus the employer's share of the Medicare tax equals $30,000 in 2010.

The credit is calculated as follows: (1) The initial amount of the credit is determined before any reduction: (25 percent x $80,000) = $20,000; (2) The employer's withholding and Medicare taxes are $30,000; (3) the total 2010 tax credit equals $20,000 (the lesser of $20,000 and $30,000).

We've covered a lot of material. Please contact our office if you have any questions about the small employer health insurance tax credit.

The health care reform package makes two important changes to insurance coverage for young adults. First, the new law allows young adults to remain on their parents' health insurance plan until age 26. Second, the new law extends certain favorable tax treatment to coverage for young adults.

Extended coverage

Traditionally, many plans and insurers would remove adult children from their parents' policies because of age, status as a student, or residence. Under the new law, plans and insurers that offer dependent coverage must offer coverage to an enrollee's adult children until age 26, even if the young adult no longer lives with his or her parents, is not a dependent on a parent's federal tax return or is no longer a student. Married and unmarried young adults are covered but not their children.

Let's look at an example:

Anita is 22 years old, is a full-time student and expects to graduate from college school in 2011. Anita is covered by her mother's employer-provided health insurance. Before the new law, the plan would have terminated coverage for Anita after her 23rd birthday or when she graduated from college, whichever came first. The health care reform package requires the plan to make coverage available until Anita reaches age 26.

The expansion up to age 26 is effective for plan years beginning on or after September 23, 2010. Many insurance companies have agreed to implement the new requirement before the effective date. These insurance companies will voluntarily continue coverage for young adults with no break in coverage.

Keep in mind that the new law does not compel a plan or insurer to offer dependent coverage. But if a plan does offer dependent coverage, the new law requires such plans to extend that coverage until a child reaches age 26.

There is one important exception. If a young adult is eligible to obtain health insurance from his or her employer, the parent's plan is not obligated to extend coverage to age 26. This exception is temporary: starting in 2014, children up to age 26 can stay on their parent's employer plan even if their own employer offers coverage.

Income tax exclusion

Before passage of the health care reform package, employer-provided health insurance coverage was generally excluded from income if the employee's child was under age 19 or under age 24 if a student. The new law extends the income tax exclusion to any employee's child who has not attained age 27 as of the end of the tax year. For most individuals, this is the calendar year. Although a health plan will be required to cover a dependent up to age 26, the plan may be more generous and provide for coverage through the end of the year in which the adult child celebrates his or her 26th birthday.

Under the new law, it is also no longer necessary for the child of the employee to be a dependent of the employee for the income tax exclusion to apply. A child for purposes of the extended exclusion is an individual who is the son, daughter, stepson, or stepdaughter of the employee. The definition of child also includes adopted children and eligible foster children.

Let's look at an example:

Amy works for ABC Co. which provides health care coverage for its employees and their spouses and for any employee's child who has not attained age 27 as of the end of the tax year. For the 2010 tax year, ABC provides health care coverage to Amy and her son Jason, who will not attain age 27 until after the end of the 2010 tax year. The health care reform package treats Jason as a child of Amy. Accordingly, and because Jason will not attain age 27 during the 2010 tax year, the health care coverage for Jason under ABC's plan is excluded from Amy's gross income.

The IRS and other federal agencies have published guidance about all the changes affecting young adults in the health care reform package. Employers, plans and insurers are also alerting taxpayers about the changes. Please contact our office if you have any questions.

The answer is no for 2010, but yes, in practical terms, for 2014 and beyond. The health care reform package (the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010) does not require individuals to carry health insurance in 2010. However, after 2013, individuals without minimum essential health insurance coverage will be liable for a penalty unless otherwise exempt.

Shared responsibility

The health care reform package describes health insurance coverage as "shared responsibility." Individuals, employers, the federal government, and the states all have roles to play in guaranteeing that individuals do not lack minimum essential health insurance coverage.

The health care reform package assumes that employer-provided health insurance will continue to be the primary means of delivering coverage after 2013. The health care reform package includes measures that lawmakers hope will keep premium costs down along with tax incentives, so employers continue to offer health insurance. For larger employers (those with 50 or more employees), that "encouragement" is also combined with penalties if alternate health insurance is not offered.

Millions of Americans are also currently covered by Medicaid, Medicare and other government programs. They will continue to be covered by these programs after 2013. Indeed, some of these government programs will be expanded between now and 2013, covering more individuals.

Individual responsibility

Beginning in 2014, the health care reform package imposes a penalty on individuals for each month they fail to have minimum essential health insurance coverage for themselves and their dependents. Another name for the penalty is "shared responsibility payment."

As a baseline, all individuals without minimum essential health insurance coverage will be liable for the penalty. However, the health care reform package expressly excludes certain individuals from liability for the penalty. They include:

• Individuals whose household income is below their income thresholds for filing a federal income tax return;
  
• Individuals who are exempt on religious conscience grounds;
  
• Individuals whose contribution to employer-provided coverage exceeds a threshold percentage;
  
• Hardship cases;
  
• Native Americans;
  
• Undocumented aliens;
  
• Incarcerated individuals;
  
• Individuals with short lapses of minimum essential coverage;
  
• Individuals covered by Medicare, Medicaid and other government programs; and
  
• Certain individuals outside the U.S.

Amount of penalty

The monthly penalty after 2013 is 1/12 of the flat dollar amount or a percentage of income, whichever is greater. For 2014, the flat dollar amount is $95 and the percentage of income is one percent. The flat dollar amount rises to $695 in 2016 (indexed for inflation thereafter) and the percentage of income increases to 2.5 percent.

For individuals under age 18, the flat dollar amount is 50 percent of the amount for adults. Generally, a family's total penalty cannot exceed $285 for 2014 (rising to $2,085 by 2016) or the national average annual premium for the "bronze" level of coverage through a state insurance exchange. By 2014, each state must establish an insurance exchange where individuals can shop for health insurance coverage. The exchanges will have four levels of coverage: bronze, silver, gold, and platinum.

Example. Ana, age 38, is self-employed with a modified adjusted gross income (AGI) of $68,500 for 2014. Ana does not have minimum essential coverage for all 12 months of 2014 and is not exempt from carrying minimum essential coverage because of income or other qualifying reasons. Ana will be liable for a penalty of the greater of $95 or one percent of her modified AGI.

Example. Ana's mother, Barbara, is enrolled in Medicare. Barbara has minimum essential coverage because she is enrolled in Medicare and is not liable for a penalty.

Health insurance tax credits

At the same time the individual responsibility requirement kicks in, the health care reform package provides a refundable health insurance premium assistance tax credit to qualified persons. The premium assistance credit will operate on a sliding scale based on an individual's relationship to the federal poverty level (between 100 and 400 percent).

The healthcare reform package makes the premium assistance tax credit refundable and also provides for advance payment of the credit. Advance payment will be made to the health plan in which the individual is enrolled.

Adult children

There is one important change regarding individual coverage for 2010. Effective September 23, 2010, the health care reform package enables more young adults to remain on their parents' health insurance policies. Generally, employer-sponsored group health plans will be required to provide coverage for adult children up to age 26 if the adult child is ineligible to enroll in another employer-sponsored plan. The health care reform package also extends the employer-provided health coverage gross income exclusion to coverage for adult children under age 27 as of the end of the tax year.

Guidance

The IRS, the U.S. Department of Health and Human Services and other federal agencies are expected to issue extensive guidance on the individual responsibility mandate. Our office will keep you posted on developments.

If you have or are planning to move - whether it's a change of personal residence or a change of business address - you want the IRS to know about your change of address. The IRS has recently updated its procedures for taxpayers to follow when notifying the IRS of a change of address. The IRS uses a taxpayer's "address of record" for mailing certain notices and documents that the agency is required to send to a taxpayer's last known address.

The IRS's process for updating changes of address is important for both individual and business taxpayers because a notice or document sent to your (or your business') "last known address" is legally effective and binding, even if you never receive it because you have moved. This presumption of delivery includes such important correspondence as notices of deficiency, liens and levies.

Have you moved since April 15?

If you have already filed your federal income tax return (or any other respective business tax return, such as Form 1065, U.S. Return of Partnership Income), and have since moved from the address that you provided on your return, you need to inform the IRS. This is because the IRS automatically uses the address on your return as its "address of record." Thus, when a taxpayer files a tax return, such as a Form 1040, U.S. Individual Income Tax Return, the address on your return is automatically updated by the IRS after the return has been properly processed (tax returns are considered properly processed after a 45-day period that begins on the day after the return is received by the IRS.)

Therefore, if you move to a new address after filing your return, you need to ensure the IRS has your new address. This can generally be done in one of several ways. First, when a taxpayer provides the U.S. Postal Service (USPS) with a new address, the IRS automatically updates the taxpayer's address of record with the address maintained in the USPS's National Change of Address database. So, when you change your address with the USPS to have your mail forwarded to your new address, the IRS may also update you address of record based on the new address you provide the USPS. However, take caution. You should nonetheless notify the IRS directly of your change of address to ensure the IRS has your correct address. This can be done by filing Form 8822, Change of Address, with the IRS.

However, you can also provide the IRS with your change of address by giving the agency "clear and concise notification" of the change. This can be done electronically, written, or orally, and is discussed below. We recommend such followup notification just in case the IRS fails to follow one of its updating procedures.

Types of returns automatically updated when filed

The IRS's updated procedure (Revenue Procedure 2010-16) not only lists the types of returns on which address provided thereon are automatically updated into its "address of record" database, it also makes clear that certain forms are not considered returns and therefore not automatically updated if a new address is listed. Specifically, a new address listed on (1) Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, or (2) Power of Attorney and Declaration of Representative, are not used by the IRS to automatically update a taxpayer's address. The IRS does not consider these to be returns. Therefore, if you file these forms providing a new address, you will need to use another method for informing the IRS of the address change, such as filing Form 8822.

The types of returns from which addresses are automatically updated by the IRS include, but are not limited t

-- Individual income tax returns (e.g., Forms 1040, 1040A, Form 1040X, 1040-SS, 1040EZ, 1040NR, 1040NR-EZ); -- Gift, estate, and generation-skipping transfer tax returns (e.g. Forms 706 series, 709 series); and -- Returns filed under an employer identification number (e.g., Forms 720, 730, 940, 941 series, 943, 945, 940, 990 series, 1041, 1042, 1065 series, and 1120 series.

Comment. Because the IRS maintains address records for gift, estate, and generation-skipping transfer (GST) tax returns that are separate from records maintained for individual income tax returns, an individual's notification of a change of address should identify whether any gift, estate, or GST transfer tax returns are affected.

Documents and notices

The IRS uses the last known address for mailing a number of important documents and notices, as well as any refund you may be owed. Therefore, it is imperative for taxpayers to ensure that the IRS has your proper change of address information. Such notices and documents include, among others, deficiency notices, notices of intent to levy, notices and demand for tax, employment status determinations, notices of third party summonses, notices regarding interest abatements, and notices of final determinations regarding spousal support.

Clear and concise notification

Taxpayers that want to change their address of record can do so by providing the IRS with a "clear and concise notification" that is in accord with the agency's procedures. As previously mentioned, clear and concise notification may be made in writing, electronically, or orally. You must in any case, must provide the your full name, new address, old address, and Social Security number (SSN), individual taxpayer identification number (ITIN), or employer identification number (EIN) when providing the "clear and concise notification" procedures.

Written. The filing of Form 8822, Change of Address, is one way to meet the "clear and concise notification" requirement, for example. You can also provide the IRS with a written statement signed by you, informing the IRS you wish to change your address of record. You must include information such as your full name, new and old address, SSN, ITIN, or EIN as well. If you file a return with your spouse, you should both provide this information as well.

Electronic. You can also satisfy the "clear and concise" requirement by electronically notifying the IRS. You must use a secure application located on the IRS's website, www.irs.gov. A "secure application" is one that requires the taxpayer to verify the taxpayer's identity before accessing the application. However, other forms of electronic notice, such as emailing an IRS email address, do not constitute clear and concise notification.

Verbal. You can also provide the IRS with a change of address orally, by providing a statement - whether in person or directly via telephone -- to an IRS employee. Again, it is a good idea to follow up your telephone call with another call to verify that your address has in fact been inputted properly.

If you have any questions about change of address procedures, please call our office.

Health care reform is now law and many employers are asking how does it affect my business and my employees? The first thing to keep in mind is that reform is gradual. The health care reforms and tax provisions in the new health care reform package play out over time, with some taking effect this year or next year but others not until 2014 and beyond. However, the health care package imposes significant new responsibilities and taxes on employers and individuals so it is not too early to start preparing.

Two new laws

Health care reform is actually made up of two new laws. The first is the Patient Protection and Affordable Care Act of 2010, signed by President Obama on March 23. The second is the Health Care and Education Reconciliation Act of 2010, signed by the president on March 26. The Patient Protection Act, which reflects the Senate's original health care reform bill, provides the overall framework for reform. The Reconciliation Act was drafted in the House to make changes to the Patient Protection Act, especially in the area of cost-sharing and in some of the revenue raisers.

Employer responsibility

The final health care package, unlike earlier versions, does not include an employer mandate. However, any employer with more than 50 full-time employees that does not offer health insurance and has at least one full-time employee receiving a premium assistance tax credit or cost-sharing will pay a per-employee penalty. An employer with more than 50 full-time employees that offers coverage that the government deems unaffordable or fails to meet minimum standards and has at least one full-time employee receiving a premium assistance tax credit or cost-sharing also will pay a per-employee penalty. Small employers with less than 50 employees will not be penalized in any case. The penalty rules apply starting in 2014.

Small employers that provide health insurance coverage are eligible for a new tax credit. A sliding scale tax credit is available immediately in 2010 for qualified small employers. The IRS is expected to make guidance for the new credit a priority. If your small business offers or is thinking of offering health insurance to your workers, the credit could generate significant cost-savings. Please contact our office and we can discuss the details of the credit in depth.

Individual responsibility

Unlike employers, individuals have a mandate under the health care reform package. Beginning in 2014, most individuals will be responsible for maintaining health insurance coverage for themselves and their dependents. If they do not have minimum essential coverage, they will be liable for a penalty.

The health care package excludes many individuals from the mandatory coverage requirement. Any individual or family who currently has coverage can retain that coverage under a "grandfather" provision. Individuals with incomes below the federal filing threshold, religious objectors, individuals covered by Medicaid and Medicare and others are also exempt.

The health care package provides a premium assistance tax credit and cost-sharing to help make coverage more affordable. The premium assistance tax credit is calculated on a sliding scale based on the individual's income in relation to the federal poverty level. Cost-sharing reduces the cost of coverage for qualified individuals. The premium assistance tax credit and cost-sharing generally will be available after 2013.

High-dollar plans

One of the principal revenue raisers to fund health care reform is a new excise tax on high-dollar health insurance plans. The health care reform package imposes an excise tax of 40 percent on insurance companies or plan administrators for any health insurance plan with an annual premium in excess of $10,200 for individuals and $27,500 for families. The excise tax applies to the amount in excess of the $10,200/$27,500 levels. The thresholds are higher for individuals in high-risk occupations and individuals over age 55. The excise tax will not kick in until 2018.

Medicare additional tax and surtax

Changes to the hospital insurance (HI)(Medicare) tax also fund health care reform. These changes impact higher-income individuals and families.

The health care reform package increases the Medicare tax by 0.9 percent for individuals who receive wages in excess of $200,000 (the threshold increases to $250,000 for married couples who file a joint federal income tax return). Additionally, the new law imposes a 3.8 percent surtax (called the Unearned Income Medicare Contribution) on investment income for individuals with adjusted gross incomes above $200,000 ($250,000 for married couples filing jointly). Investment income includes income from interest and dividends.

The additional Medicare tax on wages and the additional Medicare contribution on investment income take effect in 2013, so taxpayers have some time to prepare. Please contact our office for more details about how these tax changes may impact you.

Flexible spending arrangements

Flexible spending arrangements (FSAs) are a very popular way to save and pay for health care expenses. One of the most attractive features is the ability to use FSA dollars for over-the-counter medications. The health care reform package ends that feature after 2010.

In 2011 and subsequent years, FSA dollars can only be used to pay for prescription medications (with some limited exceptions). In 2013, the health care reform package limits the amount of contributions to health FSAs to $2,500 per year. The $2,500 amount will be indexed for inflation after 2013.

More provisions

The health care reform package als

• Increases the AGI threshold for claiming the itemized deduction for medical expenses for regular tax purposes to 10 percent after 2012 with a delayed effective date for seniors;
• Extends dependent coverage up to age 26;
• Expands Medicaid eligibility;
• Requires states to establish insurance exchanges to help individuals and small employers obtain coverage;
• Increases the additional tax on distributions from health savings accounts (HSAs) not used for qualified medical expenses;
• Eliminates the employer deduction for Medicare Part D;
• Imposes annual fees on pharmaceutical manufacturers and health insurance providers;
• Imposes an excise tax on medical device manufacturers;
• Requires more corporate information reporting;
• Imposes new requirements on non-profit hospitals;
• Accelerates some corporate estimated income taxes in 2014;
• Imposes an excise tax on indoor tanning services;
• Codifies the economic substance doctrine; and
• Modifies the biofuel credit.

In the coming months and years, the IRS and other federal agencies will issue many new rules and regulations to implement health care reform. Our office will keep you posted of developments, and, as always, please contact us if you have any questions.

As 2010 unfolds, small businesses are confronted with tax challenges and opportunities on many fronts. Lackluster consumer spending, combined with tight credit, has many small businesses in a holding pattern. Congress may respond with a new tax credit to encourage hiring. Small businesses are also faced with uncertainty over many temporary provisions in the federal Tax Code. Many of these incentives have expired. At the same time, small businesses are uncertain how health care reform, the fate of the federal estate tax and proposed retirement savings initiatives may impact them.

Hiring and retention tax credit

To encourage businesses to hire more workers, the Senate has passed a hiring and retention tax credit (Hiring Incentives to Restore Employment Act). The credit exempts employers from paying the 6.2 percent Social Security tax for qualified new hires up to the Social Security wage base of $106,800. The new hire must have been unemployed for at least 60 days and added to the employer's payroll before January 1, 2011. Employers would also be eligible for an additional $1,000 tax credit for each new hire that they keep on the payroll for at least 52 consecutive weeks.

The House has not scheduled a vote on the Senate's hiring and retention credit and it is unclear if it will. The House approved a jobs bill late last year (Jobs for Main Street Act, H.R. 2847), which does not include a hiring and retention credit.

Extenders

Businesses may be surprised that some of the tax breaks they took in 2009 are not available in 2010. That's because many of these popular business tax incentives are temporary and they expired at the end of 2009. They include the research tax credit, 15-year recovery periods for qualified leasehold improvement, restaurant, and retail improvement property, enhanced corporate contributions to qualified organizations, special incentives for producers of alternative energy, and others.

In December 2009, the House approved legislation extending these temporary business incentives through December 31, 2010 (Tax Extenders Act of 2009, H.R. 4213). The Senate, however, has yet to act on the House bill or vote on its own version of an extenders package. Traditionally, the extenders have been renewed but this year there is a chance that renewal may be later rather than sooner. High unemployment numbers have Congress focused on job creation. A growing number of lawmakers view many of the extenders as having little if any impact on immediate job creation in the private sector.

Expensing/bonus depreciation

Under a temporary provision expiring at the end of 2009, taxpayers could expense up to $250,000 in annual investment expenditures for qualified property. The maximum amount that could be expensed for property placed in service in 2009 was reduced by the amount that the qualified property exceeded $800,000. The Obama administration has proposed extending enhanced Code Sec. 179 expensing, with the $250,000/$800,000 threshold, through December 31, 2010. The Senate approved an extension in its jobs bill and the House approved an extension last year but the chambers have yet to approve the extension in a common bill that they can send to the White House for the president's signature.

Another expired pending incentive is bonus depreciation. Under a temporary provision, an additional first-year depreciation deduction equal to 50 percent of the adjusted basis of the property was provided for qualified property acquired and placed in service before January 1, 2010. The Obama administration has proposed extending bonus depreciation through December 31, 2010. The House approved an extension last year but the Senate has not. There is growing sentiment among some senators that the extension of bonus depreciation into 2010 would be an expensive "budget buster" not worth the price tag.

Health care reform

Health care reform, which dominated the news in recent months, has been on the back burner as lawmakers have switched their attention to jobs. However, health care reform remains a priority of the Obama administration. Some form of a reform package may be enacted in 2010 and it could impose new mandates on employers.

The House health care reform bill (Affordable Health Care for America Act, H.R. 3962) would require employers to satisfy certain minimum coverage requirements. Otherwise, the employer would be liable for an additional payroll tax. Small employers, generally businesses with annual payrolls below $500,000, would be exempt. The Senate health care reform bill (Patient Protection and Affordable Care Act, H.R. 3590) does not require employers of any size to provide health insurance coverage.

Estate tax

Many small business owners are reviewing their estate plans after the federal estate tax expired January 1, 2010. Effective for decedents dying on and after January 1, 2010 and on or before December 31, 2010 the federal estate tax is replaced with a carryover basis regime. Generally, the income tax basis of property acquired from a decedent is carried over from the decedent. Executors may partially increase the basis of property by up to $1.3 million ($3 million in the case of property passing to a surviving spouse).

The House passed a bill late last year extending the 2009 estate tax into 2010 (Permanent Estate Tax Relief Bill of 2009, H.R. 4154). However, the Senate has not acted on the House bill. Democratic leaders have said the Senate will vote on an extension but have not laid out a timetable. If you have not reviewed your estate plans in light of the expiration of the federal estate tax, please contact our office.

Retirement plans

The Obama administration proposes requiring employers that do not currently offer a retirement plan to offer their employees automatic enrollment in an individual retirement account (IRA). Small businesses (generally employers with 10 or fewer employees) would be exempt from the proposed requirement. The administration's proposal would be effective for tax years beginning after January 1, 2011. Qualified employers would be eligible for a temporary tax credit of $25 for each employee up to a total credit of $250 per year for a maximum of two years.

At the same time, the administration proposes to enhance the existing tax incentive for small employers that establish a retirement plan. Under current law, employers with 100 or fewer employees that adopt a new qualified retirement plan are entitled to a temporary tax credit equal to 50 percent of their expenses to establish and administer the plan. The credit is limited to $500 per year for three years. The administration has asked Congress to double the tax credit to $1,000 per year for three years. The administration's proposal would be effective for tax years beginning after January 1, 2011.

Employment tax audits

In addition to trying to cope with the changing tax laws, small businesses should be aware that the IRS has identified their group as a target for vigorous tax audits. Recent surveys have confirmed for the IRS that the small business environment presents easy opportunities for some "bad apples" to cheat on their taxes. Armed with those statistics as justification, the IRS is now aggressively looking to small businesses to help close "the tax gap," the difference between what taxpayers owe and what is actually collected. One initial area of concern involves employment taxes.

The IRS recently launched a special study of employment tax compliance. The IRS will randomly audit 2,000 taxpayers, including small businesses, each year for the next three years. Employers selected for the study will receive notices from the IRS. According to the IRS, these examinations will be comprehensive, will look at all aspects of employment tax compliance, and will be used to form more effective criteria for auditing many more small businesses.

If you have any questions about the tax opportunities and challenges we have discussed, please contact our office.

Although individual income tax returns don't have to be filed until April 15, taxpayers who file early get their refunds a lot sooner. The IRS begins accepting returns in January but does not start processing returns until February. Determining whether to file early depends on various personal and financial considerations. Filing early to somehow fly under the IRS's audit radar, however, has been ruled out long ago by experts as a viable strategy.

Required documents

Filing a return early may not make sense for many taxpayers because they do not yet have enough information to accurately fill out their return. If you have not received information returns, like Forms 1099, or other information you need to complete your return and/or accompanying forms, or if you are missing documents or other information you need to attach to your return, it may be difficult, if not impossible, to accurately complete your tax return. For example, employers do not have to provide wage statements to their employees until January 31 (although an employer can provide Form W-2 sooner if an employee terminates employment). The IRS requires this statement to be attached to your return (either in paper form or electronically when filing online).

Information returns do not have to be furnished until January 31. These include, among others, the 1099 forms for dividends, interest income, royalty income (Form 1099-MISC), stock sales (Form 1099-B), real estate sales (Form 1099-S), state tax refunds (Form 1099-G), and mortgage interest paid (Form 1098), and distributions from pension plans (Form 1099-R). Waiting until you receive all the information and forms necessary to complete your return accurately also lessens your chances of making mistakes, which can call attention to your return by the IRS.  The IRS will not process your return until it is accurate.

Last year's return

You'll also want to take a look at your 2007 tax return. Did your circumstances change in 2008? Changes such as starting a new job, retiring, getting married, having a child, and so on, have important tax consequences. Congress extended, enhanced and created new tax incentives in 2008 that could generate a larger refund. Another important consideration is the current economic downturn, which has generated significant losses in many investment portfolios, IRAs, 401(k)s, and similar arrangements.

Refunds

If you have all the information you need to completely and accurately fill out your tax return, and are owed a refund, filing early is attractive. The sooner you file, the sooner you'll see your refund check from the IRS. If you file your return electronically and choose to have your refund direct deposited into your bank account, the IRS typically will issue your refund in as few as 10 days.

If you owe money, however, you may want to wait until April 15 to file or file early online and date your tax payment to be released on April 15.  If you have the funds to pay what you owe and you pay early, you could lose out on keeping the money invested and earning interest on it until April 15.

The IRS expects to receive nearly 140 million individual income tax returns in 2009. Remember that the IRS does not start processing returns until February. Also, no matter how early you file your return before April 15, the three year statute of limitations during which the IRS can question your return and assess more tax doesn't start to run until April 15.  Please contact our office if you have any questions about filing early.

While 2009 holds great promise for new tax relief to help individuals and businesses recover from the current economic crisis, one of the first orders of business for all taxpayers in the New Year is to look back at the tax relief already on the books. Doing so will help you file your 2008 tax return with the lowest bottom-line tax liability possible. One effective tool in making sure you maximize your tax savings on your 2008 return is to look at what's new on federal tax forms for 2008.

Recent tax law changes have affected Form 1040, U.S. Individual Income Tax Return, as well as Schedule C for businesses. Although certain changes to the 2008 Form 1040 may affect many taxpayers, others will not be affected at all. Moreover, the new Form 1040 also reflects many new reporting requirements. For taxpayers filing Form 1065, U.S. Return of Partnership Income, the recently revised form for the 2008 tax year includes several changes as well, including Schedule B dealing with ownership issues and a new Schedule C dealing with a variety of allocations, related parties and other "items of interest."

Form 1040

Property tax deduction. The tax law provides a temporary additional standard deduction for real property taxes. The incentive is designed to help individuals who do not itemize their deductions. On Line 39(c) on Form 1040, individual taxpayers will have to indicate in the check box whether they are including real estate taxes or disaster losses in their standard deduction or whether they are itemizing deductions.

First-time homebuyer tax credit. Taxpayers claiming the first-time homebuyer tax credit report the credit on line 69. You must also attach new Form 5405, First-Time Homebuyer Tax Credit. A taxpayer can apply for this credit on the 2008 tax return, an amended 2008 return, or on the 2009 return, using the new Form 5405. A taxpayer who purchases a home during the eligible period in 2009 may elect to treat the purchase as having been made on December 31, 2008. Remember that if you take the credit, it must be repaid to the IRS over a 15-year period starting in the second year following the year of purchase.

AMT. The Alternative Minimum Tax (AMT) is reported on Line 45 on Form 1040, based on calculations on Form 6251, Alternative Minimum Tax - Individuals. For 2008, the AMT exemption amounts are $69,950 for married couples filing jointly and surviving spouses; $46,200 for single taxpayers and heads of household; and $34,975 for married couples filing separately.

Economic stimulus payments. If you did not qualify for the maximum economic stimulus payment in 2008 ($600 for individuals, $1,200 for joint filers), you may be entitled to a recovery rebate credit when you file your 2008 tax return. New line 70, "Recovery Rebate Credit," on Form 1040 has an entry for the recovery rebate credit. Individuals whose incomes may have disqualified them for the payment based on their 2007 return could qualify based on their 2008 return because of job loss.

Retirement plan withdrawals. If you directly deposited your economic stimulus payment into a tax-favored account, you can withdraw the payment by the due date of your income tax return without tax or penalty. In this case, you must enter the total distribution you received on Line 15a. Additionally, if the withdrawal was made by your return's due date (generally April 15), you must enter ESP next to Line 15b, and enter "0" for amounts less than or equal to your economic stimulus payment. You must also report any distributions that exceed your stimulus payment amount on Line 15b as well.

Note. Stimulus-based payments from tax-preferred accounts are not to be reported on Line 21 "Other income," or Line 59 "Additional tax on IRS, Other Qualified Retirement Plans, etc."

Direct rollovers. In reporting a direct rollover of a distribution from a tax-qualified retirement plan to a Roth IRA, taxpayers must first report the distribution from their existing plan on Line 16a of Form 1040. Next, you subtract the amount of contributions to your existing retirement plan that were taxed when made. You report only the difference between these amounts on Line 16b.

State and local sales tax deduction. For 2008, taxpayers are again given the option of deducting state and local sales tax in lieu of state and local income taxes on Line 5 of Schedule A, Itemized Deductions, for reporting on Line 40, Form 1040.

Child tax credit. The child tax credit, which now refunds 15 percent of the taxpayer's earned income exceeding $8,500, is reported on Line 52, Form 1040.

Higher education tuition deduction. The higher education tuition deduction is a temporary tax break that is available for 2008. The deduction is reported on Line 34 on Form 1040.

Earned income tax credit (EITC). The EITC is reported on Line 64a. The 2008 wage limit for taxpayers with one child is $38,646 ($41,646 for joint filers). For taxpayers with no children living with them, the limit is $12,880 ($15,880 for joint filers). Additionally, taxpayers may claim the credit with a limit of $2,950 of investment income.

Disaster loss standard deduction. For 2008, taxpayers can add net disaster losses attributable to a federally declared disaster to their standard deduction, as reported on line 40. Make sure you check the box on Line 39c.

Disaster relief. If you were affected by storms and tornadoes in federally declared disaster areas of Kansas and other parts of the Midwest, the following may apply:

-- Suspended limits for personal casualty losses and cash contributions, affecting Line 20 on Schedule A and Line 40 of Form 1040.

-- Special rules for qualified retirement plan withdrawals/loans, affecting Lines 15a, 15b, 16a, 16b, and 59.

-- An election to use 2007 earned income to calculate the 2008 earned income tax credit (EITC) and child tax credit, affecting Lines 64a and 64b.

-- An additional exemption for taxpayers providing housing to persons affected by Midwestern storms, tornadoes or flooding, affecting Line 6c of Form 1040.

-- An increased charitable standard mileage rate from 14 cents-per-mile to 36 cents-per-mile (and to 41 cents-per-mile after June 30, 2008) for taxpayers using vehicles to volunteer amid these natural disasters, affecting Line 16 of Schedule A and Line 40 of Form 1040.

Form 1065, U.S. Return of Partnership Income

Schedule B, Form 1065. In general, the major changes to the Form 1065 involve ownership issues. When ownership meets certain percentage thresholds, it must be reported on Schedule B (Form 1065). Revised Schedule B will also be used to provide information about cancelled debt and like-kind exchanges that the partnership may have participated in during the tax year.

Note. For small partnerships, the asset threshold for filing Schedules L, M-1 and M-2 with Form 1065 has been increased from $600,000 to $1,000,000.

Schedule C, Form 1065. The new Schedule C will be required of Form 1065 filers that file Schedule M-3. Schedule C will be used to report information about related party transactions, allocations, transfers of interest, cost sharing arrangements and changes in methods of accounting.

Schedule K-1. There are also new Instructions for Item J of Schedule K-1, Form 1065. The new Instructions clarify how partnerships are to determine partners' percentage share in the profit, loss and capital at beginning and end of the partnership's tax year.

Our firm stands ready to help you maximize your tax savings. In addition to providing you with more details on the 2008 tax law changes, we can help you maximize tax breaks that, while not new to the tax law, may be the first time they apply to you because of changed circumstances.

If you converted your traditional IRA to a Roth IRA earlier this year, incurred a significant amount of tax liability on the conversion, and then watched as the value of your Roth account plummeted amid the market turmoil, you may want to consider undoing the conversion. You can void or significantly lower your tax bill by recharacterizing the conversion, then reconverting your IRA back to a Roth at a later date. Careful timing in using the strategy, however, is essential.

What is a recharacterization?

"Recharacterization" is simply the term given to the transaction in which you undo your original conversion from a traditional IRA to the Roth. Even if you converted your entire account to a Roth, you do not need to recharacterize the entire amount that you converted from your traditional IRA to the Roth and can choose to only recharacterize a portion of the amount. To roll the money back and then forward into new Roth IRA, you must undo the original Roth conversion, wait at least 30 days (discussed in further detail, below) and then reconvert the IRA back to the Roth. This move may save you significant tax dollars since your IRA account is worth less due to the decline in market values.

Note. Roth IRAs are currently - but temporarily - restricted to taxpayers with adjusted gross incomes (AGI) that do not exceed certain amounts. For example, for 2008 Roth IRAs can be established by individuals with a maximum AGI of $116,000 ($169,000 for joint filers and heads of household). This restriction is completely lifted in 2010, when the AGI and filing status restrictions are eliminated.

Example. In June 2008, you converted your entire traditional IRA account balance of $200,000 to a Roth. However, the market has taken a toll on your account and it has declined in value and now in December is worth $100,000. Say you are in the 25 percent tax bracket -- the conversion would have left you with a $50,000 tax bill (since conversion amounts, in this case $200,000, are taxed at ordinary income tax rates). However, if you recharacterize and convert the $100,000 account back into a Roth after meeting the timing requirements, you will owe only $25,000 in taxes on the conversion.

Reasons for recharacterization

Recharacterizing a Roth conversion may be appropriate for many reasons, especially if your Roth account has lost significant value but you have a large tax bill for the conversion, which perhaps may even be more than the amount currently in your account. You might also want to consider undoing the conversion if you cannot afford the tax bill due, the conversion will propel you into a higher tax bracket, or subject you to the alternative minimum tax (AMT).

What is required

The recharacterization of a Roth conversion must meet certain requirements. The conversion must be completed by your tax filing deadline (typically April 15). If you converted an IRA in 2008, you have until October 15, 2009 to recharacterize the Roth conversion. However, you will then have to wait at least until the year after you originally converted the IRA to reconvert the account back to a Roth, or at least 30 days after the recharacterization (whichever is later). Essentially, if you converted your traditional IRA into a Roth in 2008 you will have to wait until 2009 to convert the funds back into a Roth account.

Notice

For the recharacterization to work, you will also have to provide notice to the financial institution(s) which is the trustee of your IRA accounts and the IRS before the date of the trustee to trustee transfer (a recharacterization is generally done in a trustee-to-trustee transfer). The notice generally includes information pertaining to the date of applicable transfers, type and amount of contribution being recharacterized, and will need to be attached to your tax return Form 8606, Nondeductible IRAs, with a statement explaining the recharacterization.

Net Income Attributable (NIA) to the conversion

A recharacterization must also include the transfer of any net income attributable (NIA) to the contribution amount. NIA is generally any earnings or losses attributable to the converted amounts in the account. If the Roth IRA that you are recharacterizing consists only of the amounts originally converted from the traditional IRA, there is generally no need to compute NIA. Generally, NIA must be computed when less than the entire account balance is being recharacterized, your Roth includes amounts from other transaction such as a Roth IRA contribution (made after the conversion to the Roth), or the Roth includes funding from another Roth IRA conversion. The financial institution that has custody of your Roth may offer a service to help you compute your NIA, or talk with your tax advisor for help.

If you would like further information on Roth conversions or reconversions, please feel free to contact this office. As explained, there are time periods and deadlines that must be met, so procrastination may prove expensive in some situations.

You have carefully considered the multitude of complex tax and financial factors, run the numbers, meet the eligibility requirements, and are ready to convert your traditional IRA to a Roth IRA. The question now remains, however, how do you convert your IRA?

Conversion basics

A conversion is a penalty-free taxable transfer of amounts from a traditional IRA to a Roth IRA. You can convert part or all of the money in your regular IRA to a Roth. When you convert your traditional IRA to a Roth, you will have to pay income tax on the amount converted. However, a traditional IRA may be converted (or rolled over) penalty-free to a Roth IRA as long as you meet the requirements for conversion, including adjusted gross income (AGI) limits in effect until 2010. You should have funds outside the IRA to pay the income tax due on the conversion, rather than taking a withdrawal from your traditional IRA to pay for it - those withdrawals are subject to an early withdrawal penalty and they cannot be put back at a later time to continue to accumulate in the tax-free environment of an IRA.

Big news for 2010 and beyond

Beginning in 2010, you can convert from a traditional to a Roth IRA with no income level or filing status restrictions. For 2008, Roth IRAs are available for individuals with a maximum adjusted gross income of $116,000 ($169,000 for joint filers and heads of household). These income limits have prevented many individuals from establishing or converting to a Roth IRA. Not only is the income limitation eliminated after 2009, taxpayers who convert to a Roth IRA in 2010 can recognize the conversion amount in adjusted gross income (AGI) ratably over two years, in 2011 and 2012.

Example. You have $14,000 in a traditional IRA, which consists of deductible contributions and earnings. In 2010, you convert the entire amount to a Roth IRA. You do not take any distributions in 2010. As a result of the conversion, you have $14,000 in gross income. Unless you elect otherwise, $7,000 of the income is included in income in 2011 and $7,000 is included in income in 2012.

Conversion methods

There are three ways to convert your traditional IRA to a Roth. Generally, the conversion is treated as a rollover, regardless of the conversion method used. Any converted amount is treated as a distribution from the traditional IRA and a qualified rollover contribution to the Roth IRA, even if the conversion is accomplished by means of a trustee-to-trustee transfer or a transfer between IRAs of the same trustee.

1. Rollover conversion. Amounts distributed from a traditional IRA may be contributed (i.e. rolled over) to a Roth IRA within 60 days after the distribution.

2. Trustee-to-trustee transfer. Amounts in a traditional IRA may be transferred in a trustee-to-trustee transfer from the trustee of the traditional IRA to the trustee of the Roth IRA. The financial institution holding your traditional IRA assets will provide directions on how to transfer those assets to a Roth IRA that is maintained with another financial institution.

3. Internal conversions. Amounts in a traditional IRA may be transferred to a Roth IRA maintained by the same trustee. Conversions made with the same trustee can be made by redesignating the traditional IRA as a Roth IRA, in lieu of opening a new account or issuing a new contract. As with the trustee-to-trustee transfer, the financial institution holding the traditional IRA assets will provide instructions on how to transfer those assets to a Roth IRA. The transaction may be simpler in this instance because the transfer occurs within the same financial institution.

Failed conversions

A failed conversion has significant negative tax consequences, and generally occurs when you do not meet the Roth IRA eligibility or statutory requirements; for example, your AGI exceeds the limit in the year of conversion or you are married filing separately (note: as mentioned, the AGI limit for Roth IRAs will no longer be applicable beginning in 2010).

A failed conversion is treated as a distribution from your traditional IRA and an improper contribution to a Roth IRA. Not only will the amount of the distribution be subject to ordinary income tax in the year of the failed conversion, it will also be subject to the 10 percent early withdrawal penalty for individuals under age 59 1/2, (unless an exception applies). Moreover, the Tax Code imposes an additional 6 percent excise tax each year on the excess contribution amount made to a Roth IRA until the excess is withdrawn.

Caution - financial institutions make mistakes

The brokerage firm, bank, or other financial institution that will process your IRA to Roth IRA conversion can make mistakes, and their administrative errors will generally cost you. It is imperative that you understand the process, the paperwork, and what is required of you and your financial institution to ensure the conversion of your IRA properly and timely. Our office can apprise you of what to look out for and what to require of the financial institutions you will deal with during the process.

Determining whether to convert your traditional IRA to a Roth IRA can be a complicated decision to make, as it raises a host of tax and financial questions. Our office can help you determine not only whether conversion is right for you, but what method is best for you, too.

It is a common decision you may make every tax season: whether to take the standard deduction or itemize deductions. Most taxpayers have the choice of itemizing deductions or taking the applicable standard deduction amount, the choice resting on which figure will result in a higher deduction. Once you have determined the standard deduction amount that applies to you, the next step is calculating the amount of your allowable itemized deductions; not always a simple task.

Standard deduction basics

Nearly two out of three taxpayers take the standard deduction rather than itemizing deductions, according to the IRS. Moreover, favorable changes to the tax laws made in 2008 may make the standard deduction even more attractive to non-itemizers. Not all taxpayers can take the standard deduction, however. For example, a married taxpayer filing a separate return whose spouse elects to itemize his or her deductions can not take the standard deduction that year. And those who are dependents of another cannot take the full standard deduction.

The standard deduction amounts have increased for 2009 as a result of inflation adjustments. Additionally, marriage penalty relief continues to allow joint filers to take double the deduction amount as single filers. However, this benefit for married couples sunsets for tax years after December 31, 2010, unless Congress acts to extend marriage penalty relief.

The standard deduction amounts for the 2009 tax year are:

• $11,400 for married couples filing a joint return (and surviving spouses);
• $5,700 for singles and married individuals filing separately; and
• $8,350 for heads of household.

Standard property tax deduction for non-itemizers. Non-itemizers can also increase their standard deduction for 2009 by the lesser of (1) the amount otherwise allowable to the individual as a deduction for state and local property taxes, or (2) $500 ($1,000 in the case of married individuals filing jointly).

Additional deduction for age and blindness. Taxpayers who are age 65 or older or who are blind receive an additional standard deduction amount that is added to the basic standard deduction (above). The additional amounts for 2009 are $1,400 for single filers and head of household, and $1,100 each, for married individuals (filing jointly or separately) and surviving spouses. Two additional standard deduction amounts can be taken by a taxpayer who is both over 65 and blind.

Itemizing deductions

A significant consideration when deciding whether to itemize your deductions is that total itemized deductions will be reduced if your adjusted gross income (AGI) is too high. For 2009, the itemized deductions of higher-income taxpayers are reduced by the lesser of:

• 3 percent of a taxpayer's AGI over $166,800 ($83,400 for married taxpayers filing separately); or
• 80 percent of the amount of the itemized deductions subject to the reduction, which are otherwise allowable for the tax year.

Note. There is no required reduction for deductions of medical expenses, investment interest, and casualty, theft or wagering losses. You may want to take steps to decrease your AGI this year, such as by deferring income or accelerating the deductions to a low AGI year.

Some itemized deductions may only be claimed if they exceed a certain percentage of your AGI (2% for miscellaneous itemized deductions, 7.5% for medical expenses, and 10% for casualty losses). Any increase in your AGI will reduce AGI-based itemized deductions leaving you with fewer deductions to offset your total income.

Common itemized deductions you may want to consider are:

• Medical expenses;
• Charitable contributions;
• Sales taxes (in lieu of state and local income taxes);
• State and local income taxes;
• State and local property taxes;
• Mortgage interest on a principal and secondary residence;
• Investment interest;
• Personal casualty losses;
• Gambling losses of a nonprofessional gambler not in excess of winnings; and
• "Miscellaneous" deductions.

Commonly claimed miscellaneous expenses (subject to the 2% AGI limit) include:

• Expenses connected with managing your investment or income producing property
• Tax advice and preparation fees
• Appraisal fees connected to charitable contributions or casualty losses
• Job hunting and moving expenses
• Professional journal subscriptions
• Home office expenses
• Union or professional dues, and
• Employee's unreimbursed expenses.

Planning tip. Those who are close to the cut off amount for being better off itemizing than taking the standard deduction might want to consider using a year-end planning technique that incorporates alternating between the standard deduction and itemizing deductions each year. The strategy is to accelerate or defer expenses that can boost itemized deductions all into a one year, then take the standard deduction for the other tax year.

Caution. To complicate matters, some deductions either are not permitted or are allowed only in a lower amount if you are subject to alternative minimum tax (AMT).

If you have questions about preparing your return, give our office a call. We can discuss your tax situation and help you navigate the complex maze of tax laws.

In a period of declining stock prices, tax benefits may not be foremost in your mind. Nevertheless, you may be able to salvage some benefits from the drop in values. Not only can you reduce your taxable income, but you may be able to move out of unfavorable investments and shift your portfolio to investments that you are more comfortable with.

First, you should keep in mind that gain and loss on a sale of stock or mutual fund shares depends on the fair market value of the shares when sold or disposed of, compared to the cost basis of the stock. Your investments may have lost substantial value over recent periods. Nevertheless, if the stock's value when sold is higher than the basis, you still have a gain.

Example. You purchased X Corp stock in 2004, when it cost $5. At the end of 2007, the stock is worth $12. In November, 2008, you sell the stock when its value is $8 a share. Even though your investment has declined in value by 33 percent, you have a gain of $3 a share on the sale ($8 sales price less $5 cost).

The same tax-basis situation that may cause capital gain on the sale of shares that have dropped significantly in value over the past year also is causing many owners of mutual funds that have declined in value to be surprised with a capital gains distribution notice from their fund managers. If you own the mutual fund shares at the time of the capital gain distribution date, you must recognize the gain. Of course, that gain may be netted against your losses from stock or other capital asset sales.

If you realize a profit on a stock sale, the long-term capital gains tax is a maximum of 15 percent, while taxes on wages and other ordinary income can be taxed as high as 35 percent. For taxpayers in the 10 or 15 percent rate brackets, there is no capital gains tax. These reduced capital gains rates are scheduled to expire after 2010. Short-term capital gains (investments held for one year or less) are taxed at ordinary income rates up to 35 percent.

Capital losses can offset capital gains and ordinary income dollar for dollar. Capital gains can be offset in full, whether short-term or long-term. Ordinary income can be offset up to $3,000. If net capital losses (capital losses minus capital gains) exceed $3,000, the excess can be carried forward without limit and can offset capital gains and $3,000 of ordinary income in each subsequent year.

Because a capital loss can offset income taxed at the 35 percent rate, it can be advantageous to sell stock that yields capital gains in one year, while delaying the realization of capital losses until the following year.

Example. Mary has two assets. One asset would yield a $6,000 long-term capital loss when sold. The other would yield a $6,000 long-term capital gain. If Mary sells both assets in the same year, she has a net capital gain of zero. If she realizes the gain in 2008 and the loss in 2009 (by selling the assets in different years), she will increase her 2008 taxes by a maximum of $900 ($6,000 X 15 percent), but will reduce her taxes in 2009 and 2010 by a maximum of $2,100 ($3,000 X 35 percent X 2 years). She will reduce her taxes by $1,200 merely by shifting the timing of the sales.

Worthless securities. You can write off the cost of totally worthless securities as a capital loss, but cannot take a deduction for securities that have lost most of their value from stock market fluctuations or other causes if you still own them and they still have a recognizable value. You do not have to sell, abandon or dispose of the security to take a worthless stock deduction, but worthlessness must be evidenced by an identifiable event. An event includes cessation of the corporation's business, commencement of liquidation, actual foreclosure and bankruptcy. Securities become worthless if the corporation becomes worthless, even if the corporation has not dissolved, liquidated or ceased doing business.

If you would like to discuss these issues, please contact our office. We can help you consider your options.

The high cost of energy has nearly everyone looking for ways to conserve and save money, especially with colder weather coming to many parts of the country. One surprising place to find help is in the financial markets rescue package (the Emergency Economic Stabilization Act of 2008) recently passed by Congress. Overshadowed by the financial provisions are some very important energy tax incentives that could save you money at home and in your business.

While the energy tax incentives in the new law are generous, they are also complex. The names of the tax credits and deductions themselves can be daunting. Don't be put off by all the complex rules. Our office can help you navigate them and take advantage of their benefits.

Individuals

Improvements. If you are thinking of installing insulation or new energy-efficient windows and doors, you may be eligible for the residential energy property credit. This credit (also known as the Code Sec. 25C credit) gives eligible taxpayers a lifetime credit of up to $500 for making energy-efficient improvements to their residences. Up to $200 of the credit can be taken for the cost of windows. Besides insulation and energy-efficient windows and doors, some electric heat pump water heaters, natural gas, propane and oil furnaces, and other items qualify. The credit limits and energy-efficiency ratings are very complex so please contact our office before you make a purchase. We don't want you to miss out on a potentially valuable tax break. However, because of a quirk in the new law, the residential energy property credit is not available for 2008. However, you can take advantage of it in 2009.

Alternative energy. This credit (also known as the Code Sec. 25D credit) sounds a lot like the credit for energy efficient property but it is different. The key word in the title of the credit is "alternative." This credit rewards individuals who install certain types of alternative energy systems in their homes, particularly systems that utilize solar power and wind energy. These include solar electric, solar water heating, small wind energy, and geothermal heat pump property. Generally you must install the property before the end of 2016.

Businesses

Solar and wind power. Businesses are also eligible for some valuable energy tax breaks. Businesses that install solar energy and small wind energy property can take advantage of special tax credits that can reach as high as 30 percent. Generally, the solar or wind energy property must be used to generate electricity that heats, cools or lights a building.

Improvements. There is also a special tax deduction for energy efficient improvements made to commercial buildings. Generally, the improvements to heating, cooling, ventilation, lighting, and other qualifying systems must significantly reduce annual energy costs. Many of the new heating, cooling and lighting systems currently on the market meet these standards. If you recently installed new heating, cooling or lighting systems, you may have qualified for a tax break without even knowing it.

Manufacturers and builders. Manufacturers of energy efficient appliances, such as washing machines and refrigerators, are eligible for special tax credits. Additionally, contractors that build energy efficient homes can take advantage of tax breaks.

Transportation

In the not too distant future, you may be able to purchase a plug-in electric vehicle. In anticipation of that day, Congress created a new plug-in electric vehicle tax credit. The credit is available to everyone: individuals and businesses. Electric plug-in vehicles could be on the market as soon as 2010 so keep this tax break in mind if you shop for one.

These are just the highlights of some of the many energy tax incentives in the new law. Please contact our office for more details.

Nonbusiness creditors may deduct bad debts when they become totally worthless (i.e. there is no chance of its repayment). The proper year for the deduction can generally be established by showing that an insolvent debtor has not timely serviced a debt and has either refused to pay any part of the debt in the future, gone through bankruptcy, or disappeared. Thus, if you have loaned money to a friend or family member that you are unable to collect, you may have a bad debt that is deductible on your personal income tax return.

The fact that the debtor is a family member or other related interest does not preclude you from taking a bad debt deduction, provided that the debt was bona fide and that worthlessness has been established. A direct or indirect transfer of money between family members may create a bona fide debt eligible for the bad debt deduction. However, these transactions are closely scrutinized to determine whether the transfer is a bona fide debt or a gift.

Bona-fide debt and other requirements for deductibility

You may only take a bad debt deduction for bona-fide debts. A bona-fide debt is a debt arising from a debtor-creditor relationship based on a valid and enforceable obligation to repay a fixed or determinable sum of money. You must also have the present intention to seek repayment of the debt. Additionally, for a bad debt you must also show that you had the intent to make a loan, and not a gift, at the time the money was transferred. Thus, there must be a true creditor-debtor relationship.

Moreover, nonbusiness bad debts are only deductible in the year they become totally worthless (partially worthless nonbusiness bad debts are not deductible).

To deduct a bad debt, you must also have a basis in it, which means that you must have already included the amount in your income or loaned out your cash (for example, if your spouse has not paid court-ordered child support, you can not claim a bad debt deduction for the amount owed as this amount was not previously included in your gross income).

Reporting bad debts

You can deduct nonbusiness bad debts as short-term capital losses on Schedule D of your Form 1040. On Schedule D, Part I, Line 1, enter the debtor's name and "statement attached" in column (a). Enter the amount of the bad debt in parentheses in column (f). If you are reporting multiple bad debts, use a separate line for each bad debt. For each bad debt, attach a statement to your return containing the following:

•  A description of the debt, including the amount and date it became due;
• The name of the debtor, and any business or family relationship between you and the debtor:
• The efforts you made to collect the debt; and
• An explanation of why you decided the debt was worthless (for example, you can show the debtor has declared bankruptcy or is insolvent, or that collection efforts such as through legal action will not likely result in the debt being paid).

If you did not deduct a bad debt on your original income tax return for the year it became worthless, you can file a refund claim or a claim for a credit due to the bad debt. You must use Form 1040X to amend your return for the year the debt became worthless. It must be filed with 7 years from the date your original return for that year had to be filed, or 2 years from the date you paid the tax, whichever is later.

Note. If you deduct a bad debt and in a later year collect all or part of the money owed, you may have to include this amount in your gross income. However, you can exclude from your gross income the amount recovered up to the amount of the deduction that did not reduce your tax in the year you deducted the debt.

With the U.S. and world financial markets in turmoil, many individual investors may be watching the value of their stock seesaw, or have seen it plummet in value. If the value of your shares are trading at very low prices, or have no value at all, you may be wondering if you can claim a worthless securities deduction for the stock on your 2008 tax return.

Capital or ordinary loss treatment

When stock you own in a corporation becomes totally worthless during the tax year, you may be able to report a loss in the stock equal to its tax basis. Generally, a worthless stock loss is characterized as a capital loss because securities like stock that become worthless are usually treated as capital assets. When a security that is not a capital asset becomes wholly worthless, the loss is deductible as an ordinary loss. For example, if worthless stock is Code Sec. 1244 stock, ordinary loss treatment applies. Worthless stock is treated as if it was sold on the last day of the tax year.

Note. You may only deduct a loss on worthless securities if the loss is incurred in a trade or business, in a transaction entered into for profit, or as the result of a fire, storm, shipwreck, another casualty, or theft. It is generally assumed that an individual acquires securities for profit (although this assumption may be refuted).

Your stock is trading at $1.08 a share: Is it "worthlessness?"

A worthless stock deduction may only be taken when your securities have become totally worthless. You can not take the deduction for stock that has become only partially worthless. The Internal Revenue Code, however, does not define "worthlessness." Nonetheless, in the IRS's eyes, a company's stock is not going to be automatically considered worthless simply because the stock or security has plummeted in value and is now trading at mere dollars and cents.

With the current market turmoil, many stocks have taken big hits and dropped significantly in value, perhaps even trading for a $1.08 per share, but are nonetheless still alive and trading on an exchange. Therefore, you can not take a worthless stock deduction for a mere decline in value of stock caused by a fluctuation in market price or other similar cause, no matter how steep the decline, if your stock has any recognizable value on the date you claim as the date of loss. Even if a company in which you have stock files for bankruptcy, or lawsuits are filed against it, does not automatically qualify the stock or securities as worthlessness.

More hurdles to overcome

Even if you can establish that the stock you own has become totally worthless, the loss must be (1) evidenced by a closed and completed transaction, (2) fixed by identifiable events and (3) actually sustained during the tax year. First, you may only claim the deduction on your return for the tax year in which the stock has become completely worthless, and you must be able to show that the year in which you are claiming the loss is the appropriate tax year.

Generally, a worthless stock loss deduction can be taken in the year in which you abandon the stock. To abandon a security, you must permanently surrender and relinquish all rights in the security and receive no consideration in exchange for the security. But, whether the transaction qualifies as abandonment, and not an actual sale or exchange, is a facts and circumstances test.

If you would like to know whether the stock or other securities you own have become worthless, please contact our office. We can help you navigate these complex rules.

The flagging state of the economy has left many individuals and families to cope with rising gas prices and food costs, struggle with their mortgage and rent payments, and manage credit card debt and other common monthly bills. Whether individuals are contemplating how to pay off their credit card or obtain a mortgage amid the "credit crunch" and "economic downturn," many people may be considering alternative sources of financing to reach their goals, including the tapping of a retirement account.

You can generally withdraw funds from your 401(k) three ways: through regular distributions, hardship withdrawals or plan loans. Many employers have adopted 401(k) plan provisions that allow employees to borrow money from their retirement account. Although borrowing from your 401(k) may be an option, there are several important considerations you should take into account before tapping your retirement fund.

The basics of borrowing from your 401(k) plan

The amount that you can borrow from a 401(k) plan is limited to 50 percent of the value of your vested benefit or $50,000, whichever amount is less. However, you can take a loan up to $10,000 even if it is more than one-half of the present value of your vested accrued benefit. Interest on a 401(k) plan loan is not deductible. Despite withdrawing funds from your 401(k) through a plan loan, you will remain vested in your account, subject to your obligation to repay the loan.

If certain requirements are not met, a loan from your 401(k) plan will be treated as a premature distribution for tax purposes, subjecting you to current income tax at ordinary rates plus a 10 percent early withdrawal penalty on the amount distributed, certain requirements must be met. You must repay a loan from your 401(k) within five years, subject to only one exception for a loan used to make a first-time home purchase (a principal residence, not a vacation or secondary home). This "residence exception" allows for a loan term as long as 30 years.

Loan repayments must be made at least every quarter, and are generally automatically deducted from your paycheck. If you are unable to repay the loan and default, the IRS treats the outstanding loan balance as a premature distribution from your 401(k), subject to income tax and the 10 percent early withdrawal penalty. Additionally, most plan terms require that you repay the loan within 60 days if you leave or lose your job.

Drawbacks to borrowing from your 401(k)

Before you dip into your 401(k), you need to be aware of the many disadvantages to taking money from your retirement savings. First, and foremost, many plans contain provisions that prohibit you, and your employer, from making contributions to your 401(k) until you repay the loan or for up to 12 months after the distribution. This is a critical disadvantage to borrowing money from your 401(k) because you are not saving for retirement during the time you are repaying the loan, which may take up to five years, or for the year in which contributions are prohibited. This not only means that you are not saving for retirement for a substantial period, you are also not earning a return on the money you could have contributed albeit for the suspension.

It is imperative that you consider the effects of suspended contributions and the lost earnings and tax-free compounding you could have earned on the money you borrowed from your 401(k). And, as previously discussed, if you default and are unable to pay the loan balance, the outstanding amount is treated by the IRS as a premature distribution and subject to income tax at your ordinary tax rate as well as a 10 percent early withdrawal penalty. Additionally, the maximum contribution you will be allowed to make in the year following the suspension will be reduced by the amount contributed in the prior year.

Another point to consider: the money you borrow will only earn the interest you pay on the loan. Typically, on a 401(k) plan loan, administrators use an interest rate of one to two percentage points above prime interest rates. While paying a lower interest rate to yourself may be more favorable then paying a higher interest rate to a bank, you aren't necessarily earning money, especially considering that the interest you pay on the loan could be significantly lower than the potential earnings you could be making if the money remained in your account.

Potential double taxation

In fact, the interest you pay on the loan is money taken from your paycheck, after-taxes. While it is not an additional cost you'd be paying to a bank, but paying yourself, it is money you may essentially be paying tax on twice. That is because the money you pay yourself interest with is taxed in your paycheck currently, then later when it is distributed to you from the plan in retirement as ordinary income.

In many parts of the country, residential property has seen steady and strong appreciation for some time now. In an estate planning context, however, increasing property values could mean a potential increase in federal estate tax liability for the property owner's estate. Many homeowners, who desire to pass their appreciating residential property on to their children and save federal estate and gift taxes at the same time, have utilized qualified personal residence trusts.

In many parts of the country, residential property has seen steady and strong appreciation for some time now. In an estate planning context, however, increasing property values could mean a potential increase in federal estate tax liability for the property owner's estate. Many homeowners, who desire to pass their appreciating residential property on to their children and save federal estate and gift taxes at the same time, have utilized qualified personal residence trusts.

What is a QPRT?

The qualified personal residence trust, referred to as a "QPRT," is an estate planning technique used to transfer a personal residence from one generation to the next without incurring federal estate tax on the trust property. This type of irrevocable trust allows a homeowner to make a future gift of the family home or a vacation property to his or her children, while retaining the right to continue living in the home for a term of years that the homeowner selects.

Creating a QPRT

The homeowner transfers title to his or her residence into trust for a set time period (for example, 10 years), but retains the right to live in the house during the trust term. At the end of the term, the trust property is distributed to the donor's children without passing through the donor's estate, thereby avoiding federal estate tax on the trust assets. However, if the donor wishes to continue living in the residence after the end of the trust term, the donor must pay fair market rent to his or her children, the new owners of the residence.

Gift tax advantage

Through the use of a QPRT, the full value of your residence can be transferred to your children. However, for federal gift tax purposes, the property is valued at a discount. The actual value of the gift (and the gift tax savings) depends upon your age, the length of the QPRT term, and the federal interest rates in effect at the time you transfer the house to the trust. For example, the longer the trust term, the lower the gift value for gift tax purposes and the greater the gift tax savings. Also, the higher the applicable federal interest rate, the greater the potential gift tax savings.

If you would like to discuss how a QPRT might work for you as part of your overall estate plan, or if you currently have an established QPRT and you wish to review its effect in light of current interest rates and other factors, please do not hesitate to contact this office.

As a business owner you have likely heard about the tax advantages of setting up a retirement plan for you and your employees. Many small business owners, however, have also heard some of the horror stories and administrative nightmares that can go along with plan sponsorship. Through marketing information that you receive, you may have learned that a simplified employer plan (SEP) is a retirement plan you can sponsor without the administrative hassle associated with establishing other company plans, including Keoghs.

Evaluate your needs

Getting started

Once you establish a SEP, the administrative requirements are simple. The IRS and each employee must be sent an annual statement about SEP contributions made on behalf of the employee and the value of that employee's accounts at the beginning and the end of the year. This responsibility can be handled by the financial institution for a small fee.

If you want assistance in establishing a SEP for your business, contact us for further information.

Q:  One of my children received a full scholarship for all expenses to attend college this year.  I had heard that this amount may not be required to be reported on his tax return if certain conditions were met and the funds were used specifically for certain types of her expenses.  Is this true and what amounts spent on my child's education will be treated as qualified expenses?

Q: One of my children received a full scholarship for all expenses to attend college this year. I had heard that this amount may not be required to be reported on his tax return if certain conditions were met and the funds were used specifically for certain types of her expenses. Is this true and what amounts spent on my child's education will be treated as qualified expenses?

A: Any amount received as a "qualified scholarship" or fellowship is not required to be reported as income if your child is a candidate for a degree at an educational institution. For the college that your child attends to be treated as an educational organization, it must (1) be an institution that has as its primary function the presentation of formal instruction, (2) normally maintain a regular faculty and curriculum, and (3) have a regularly enrolled body of students in attendance at the place where the educational activities are regularly carried on. Your child has received a qualified scholarship if he or she can establish, that in accordance with the conditions of the scholarship, the funds received were used for qualified tuition and related expenses.

Qualified tuition and related expenses include tuition and fees required for enrollment or attendance at the educational institution, as well as any fees, books, supplies, and equipment required for courses of instruction at the educational institution. To be treated as related expenses, the fees, books supplies, and equipment must be required of all students in the particular course of instruction. Incidental expenses, such as expenses for room and board, travel, research, equipment, and other expenses that are not required for either enrollment or attendance at the educational institution are not treated as related expenses. Any amounts that are used for room, board and other incidental expenses are not excluded from income.

Example: Assume this year your son received a scholarship in the amount of $20,000 to pay for expenses at a qualified educational institution. His expenses included $12,000 for tuition; $1,100 for books; $900 for lab supplies and fees; and $6,000 for food, housing, clothing, laundry, and other living expenses.

The $14,000 that your son paid for tuition, books and lab supplies and fees are considered to be qualified educational expenses and therefore would not have to be reported as income. The $6,000 that he spent on housing and the other living expenses is considered to be incidental expenses and would have to be reported in his income.

Note: This tax exclusion for qualified scholarships should not be confused with the Hope Scholarship Tax Credit, which has been temporarily renamed the American Opportunity Tax Credit and enhanced for 2009 and 2010 by the American Recovery and Reinvestment Act of 2009. The American Opportunity Tax Credit can reach as high as $2,500 for 2009 and 2010 for tuition expenses paid by you for yourself, a spouse or a dependent. Scholarship money that is excluded from income cannot be used in computing your costs for the American Opportunity Tax Credit (i.e. Hope Scholarship Tax Credit). "Financial aid" in the form of student loans, however, is not counted as a scholarship and any money applied to pay tuition can qualify for the Hope Scholarship Tax Credit.

There can be all sorts of complicating factors in assessing whether a particular scholarship will be taxed, such as the treatment of work-study scholarships, educational sabbaticals, scholarships paid by an employer, and stipends to cover the tax on the non-tuition portion of attending a university. If you need additional assistance in determining the taxability of scholarships funds, please contact the office.

Q. Since our children are grown and now out on their own, my husband and I are considering selling our large home and purchasing a small townhouse. We have owned our home for years and have quite a lot of equity built up. How do we figure out how much our potential capital gain would be? Will we pay more in taxes because we are moving to a less expensive home?

If you are considering selling a home you've owned for years and have a lot of equity in - for example, you would like to move to a smaller place - you will want to figure out how much your potential capital gain will be on the sale. Moreover, perhaps you'd also like to know if you'll pay more taxes because you are moving to a less expensive home.

The homesale exclusion

First, you will not be penalized (in the form of recognizable capital gains) for buying a less expensive home that doesn't require that you reinvest all of your gain. Under Code Sec. 121, $500,000($250,000 for single individuals and married taxpayers filing separately) in gain from the sale of a principal residence is generally excluded from income. Remember, however, that under the Economic Recovery Act of 2008, periods of "nonqualifying use" will reduce the amount of gain you can exclude from income.

Determining basis

In order to determine your potential gain or loss from the sale, you will first need to know the basis of your personal residence. The basis of your personal residence is generally made up of three basic components: original cost, improvements, and certain other basis adjustments

Original cost

How your home was acquired will need to be considered when determining its original cost basis.

Purchase or Construction. If you bought your home, your original cost basis will generally include the purchase price of the property and most settlement or closing costs you paid. If you or someone else constructed your home, your basis in the home would be your basis in the land plus the amount you paid to have the home built, including any settlement and closing costs incurred to acquire the land or secure a loan.

Examples of some of the settlement fees and closing costs that will increase the original cost basis of your home are:

• Attorney's fees,
• Abstract fees,
• Charges for installing utility service,
• Transfer and stamp taxes,
• Title search fees,
• Surveys,
• Owner's title insurance, and
• Unreimbursed amounts the seller owes but you pay, such as back taxes or interest; recording or mortgage fees; charges for improvements or repairs, or selling commissions.

Gift. If you acquired your home as a gift, your basis will be the same as it would be in the hands of the donor at the time it was given to you. However, the basis for loss is the lesser of the donor's adjusted basis or the fair market value on the date you received the gift.

Inheritance. If you inherited your home, your basis is the fair market value on the date of the deceased's death or on the "alternate valuation" date, as indicated on the federal estate tax return filed for the deceased.

Divorce. If your home was transferred to you from your ex-spouse incident to your divorce, your basis is the same as the ex-spouse's adjusted basis just before the transfer took place.

Improvements

If you've been in your home any length of time, you most likely have made some home improvements. These improvements will generally increase your home's basis and therefore decrease any potential gain on the sale of your residence. Before you increase your basis for any home improvements, though, you will need to determine which expenditures can actually be considered improvements versus repairs.

An improvement materially adds to the value of your home, considerably prolongs its useful life, or adapts it to new uses. The cost of any improvements can not be deducted and must be added to the basis of your home. Examples of improvements include putting room additions, putting up a fence, putting in new plumbing or wiring, installing a new roof, and resurfacing your patio.

Repairs, on the other hand, are expenses that are incurred to keep the property in a generally efficient operating condition and do not add value or extend the life of the property. For a personal residence, these costs cannot be added to the basis of the home. Examples of repairs are painting, mending drywall, and fixing a minor plumbing problem.

Other basis adjustments

Additional items that will increase your basis include expenditures for restoring damaged property and assessing local improvements. Some common decreases to your home's basis are:

• Insurance reimbursements for casualty losses.
• Deductible casualty losses that aren't covered by insurance.
• Payments received for easement or right-of-way granted.
• Deferred gain(s) on previous home sales.
• Depreciation claimed after May 6, 1997 if you used your home for business or rental purposes.

Recordkeeping

In order to document your home's basis, it is wise to keep the records that substantiate the basis of your residence such as settlement statements, receipts, canceled checks, and other records for all improvements you made. Good records can make your life a lot easier if the IRS ever questions your gain calculation. You should keep these records for as long as you own the home. Once you sell the home, keep the records until the statute of limitations expires (generally three years after the date on which the return was filed reporting the sale)

If you are considering selling your home, it pays to know in advance what the tax ramifications may be. If you need assistance determining the basis of your personal residence, please contact the office for more guidance.

Q. I've seen a lot of advertisements lately that tout the benefits of donating your car to charity. I have an old car that is sitting in my driveway and I haven't had time to try to sell it. Would I just be better off contributing it and getting a big write-off on my tax return?

Q. I've seen a lot of advertisements lately that tout the benefits of donating your car to charity. I have an old car that is sitting in my driveway and I haven't had time to try to sell it. Would I just be better off contributing it and getting a big write-off on my tax return?

A. No. From a financial standpoint, you will never be better off donating your car than you would if you sold it on your own. In fact, if your income is too low and/or you don't itemize your deductions on your return, it could be a real money loser.

Here's an example:

You have an old Toyota Camry with 120,000 miles on it. High Kelly Blue Book is $3,000 and low is $2,000. If you are in the 15% tax bracket and already itemize, your tax savings could be as much as $450. However, if you don't itemize, you may get no tax benefit at all since charitable contributions cannot be taken by taxpayers who take the standard deduction.

Of course, convenience is one of the prime selling points used by charities to get people to donate their cars but that convenience may come at a very high cost, to both you and the charitable organization. Once the dealers that pick up, repair and then resell the donated vehicles get their piece, the charity can end up with as little as $100 per car.

The amount of the actual tax deduction itself can raise more issues. How do you value your car for tax purposes? The tax law states that you cannot take a deduction for a noncash contribution in excess of its fair market value (FMV) but how is that FMV determined? Auto valuation publications such as Kelly Blue Book are a good place to start but give a range of values depending on certain factors (mileage, condition, etc.). In the example above, you may be tempted to take the $3,000 deduction but, based upon the high mileage, you would probably be safer taking an amount closer to $2,000. However you value your car, make sure that you document your contribution with photos and price guide quotes such as Kelly's.

Moreover, general substantiation requirements apply to all deductions for charitable contributions of property. And additional requirements apply to contributions of $250 or more and deductions of $500 or more. In order to claim a deduction for the donation of a qualified vehicle that has a FMV exceeding $500, you must obtain a contemporaneous written acknowledgement of the donation from the charity and include this with your tax return.

Donor beware

Some charitable organizations claim that you can donate your old car for full "blue book" value no matter what condition the car is in - running or not. Under these programs, donors are advised to take a very high value even if their car is in terrible shape. Often, these programs are operated not by the charity but by a used-car dealer under a licensing agreement with the charity. IRS officials have called these schemes abusive.

The IRS has identified some suspect vehicle donation programs. The typical profile for these programs involves a charity that permits, for a flat fee or royalty type arrangement, third party for-profit companies to use the charity's name to solicit contributions of cars, to receive the cars, to transfer title, and to sell them at auction or to scrap yards. According to the IRS, these types of transactions result in a transfer not to the charitable organization, but to the for-profit company. As such, the person making the donation cannot claim a charitable donation.

In these suspect donation programs, all the participants may have violated federal tax laws. The used car dealer may be guilty of promoting and aiding a fraudulent tax shelter while the charity may jeopardize its tax-exempt status and the donor may be a liable for tax penalties as a knowing participant in an "abusive tax shelter."

Document, document, document...

When donating a car, or a boat or computer, documentation is key to protect yourself from being an unwilling participant in one of these schemes. The tax law states that you cannot take a deduction for a noncash contribution in excess of its fair market value (FMV) but how is that FMV determined? Auto valuation publications such as Kelly Blue Book are a good place to start but give a range of values depending on certain factors (mileage, condition, etc.). Make sure that you are realistic about the condition of your car and its resulting value. However you value your car, make sure that you document your contribution with photos and price guide quotes such as Kelly's.

Repair bills and even tentative written offers from auto dealers should be kept. All charitable contributions of $250 or more must be substantiated by a written acknowledgement from the charity. While an acknowledgement need not value the property, it must describe the property.

Your best bet? Sell the car on your own and contribute the proceeds from the sale. That way you will be sure that the charity gets 100% of your contribution and you won't have to deal with potential valuation problems with the IRS down the road.