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TAX TIPS AND FACTS
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ROGER A. KAHAN Certified Public Accountant, Business Advisor and Financier Serving the tax and financial needs of individuals and small to medium sized businesses 1307 Irving Road, Randolph, MA 02368-1865 VOICE: 781.963.RAK-1 (963-7251) E-mail: kahan@rak-1.com Copyright © 1999 Roger A. Kahan, CPA ALL RIGHTS RESERVED |
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| NOTE OUR NEW ADDRESS! | |
|   | Certified Public Accountant, Business Advisor and Financier 1307 Irving Road, Randolph, MA 02368-1865 Voice: 781-963-RAK-1 FAX: 781-961-RAK-1 Beeper: 781-299-RAK-1 eMail: kahan@RAK-1.com On the World Wide Web at: www.rak-1.com |
| TOPICS COVERED IN THIS ISSUE | |
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| LEGISLATURE REPEALS "PAY-TO-PLAY" | |
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One of the most onerous provisions of the Massachusetts tax law, the "pay-to-play" rule, has finally been eliminated by the state
legislature. After intense pressure from the Massachusetts Society of Certified Public Accountants and some business groups like the
South Shore Chamber of Commerce, both the House and Senate agreed to the repeal.
Under the provision, taxpayers were required to pay the full amount of the taxes assessed before they could appeal the assessment. Some taxpayers have suffered credit and cash flow problems, financial hardship, and even loss of their businesses because they had to pay the full assessment before they could appeal. We congratulate Senator Brian Joyce, the Massachusetts Senate, the Massachusetts House of Representatives and Governor Cellucci for this overdue and much-needed action. |
| MUTUAL FUND TERMINOLOGY | |
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| WHY DO I NEED A CPA? | |
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CPAs do much more than prepare tax returns. A CPA can help you with all of your Personal Financial Planning
needs to help you achieve your goals.
Whether you're saving to buy a house, send your children to college or secure your retirement, you need a member of the Massachusetts Society of CPAs to assist you. Roger A. Kahan is an active member of the Massachusetts Society of CPAs. |
| RECORD RETENTION: | |
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Many clients have asked for guidance on how long they should retain personal income tax records. These records may have to be
produced if the Internal Revenue Service or a state or local taxing authority were to audit your return or seek to assess or collect a
tax. In addition, lenders, co-op boards or other private parties may require that you produce copies of your tax returns as a
condition to lending money, extending credit, approve a purchase, or otherwise doing business with you.
Keep the tax returns and the proof of mailing indefinitely and the supporting records usually for six years (seven years for legal and collection purposes). In general, except in cases of fraud or substantial understatements of income, the Internal Revenue Service can only assess tax with respect to a year within three years after the return was due for such year (or, if filed later, three years after the return was filed). |
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|   | Roger A. Kahan is a Certified Public Accountant, Business Advisor and Financier with an office in Randolph, serving the tax and financial needs of individuals and small to medium sized businesses almost anywhere in the United States. And with the advent of the Internet, professional consultation extends to several other countries. Roger is always seeking additional clients and professionals wishing to save money and better manage their own, a friend, a relative or a client's personal or business life. Please let us know if we can use your name in an introductory letter to the prospective client. Thank you. |
| "C" vs. "S" CORPORATION | |
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Although unusual, this question was actually posed to me by a client. Since it has some far-reaching consequences I thought I would
restate it here for the world to read.
A "C" corporation should use up any carryover items before electing "S" corporation status. A corporation that becomes an S corporation generally cannot use any carryovers from any year the corporation was a C corporation (an exception applies for the "built-in gains" tax). Each year the corporation is an S corporation counts as a year for the purpose of determining the number of years to which an item may be carried forward. This includes the net operating loss of a C corporation that changes into an S corporation. If the corporation does not terminate its S corporation status before the end of the 20-year net operating loss carryforward period, the net operating loss incurred in its first tax year, when no S corporation election was in effect, may not be used. Someone once said: "Timing is everything." How true here, huh? |
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Remember, "It's not what you make that counts, it's what you keep."
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| IRS UNREASONABLE COMPENSATION | |
|   | Enter into a payback agreement with your company. With such an agreement, if the IRS should deem a salary payment to be unreasonable compensation, the money is considered a loan to you, the shareholder, to be repaid to the corporation. You should get a personal tax deduction in the year that the money is actually repaid. Check with your legal counsel. He or she should have the proper wording needed to fulfill this "loophole." |
| FEATURES WANTED | ||
|   | We want to feature our clients in future editions of TAX TIPS AND FACTS. If you would like to have a FREE spot to sell us on your company, its products or services, simply send us a brief story about your company, an overview of your company's products and future plans. We may edit the information and include it in a future edition. Send the information to Roger A. Kahan, CPA via mail, E-mail or FAX it. |
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| Y2K (again) | |
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Double click on "My Computer" Double click on "Control Panel" Double click on "Regional Settings" icon. Click on "Date" tab at the top of the page. Where it says "Short Date Sample" look to see if it shows a "two digit" year. Of course, it does. That's the default setting for Windows 95, 98 and NT. This is the date that feeds application software and WILL NOT rollover in the year 2000; it will roll to 00. Click on the drop down arrow and select the option that shows mm/dd/yyyy (be sure your selection has four Y's showing, not two).
VERY IMPORTANT: Easy enough. Do this on every computer you have with Windows 95, 98 and NT on it. How many people know about this? Who knows? How big of a problem will it be? I don't have a clue. Thanks to my friend JEC for this suggestion. |
| INTERNET ACCESS | |
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We are kahan@RAK-1.com (that is a "one" and not a small
"L") and an active user of the INTERNET. You can E-mail us from any service connected to the
NET. Our Internet provider is The Xensei Corporation of
Quincy. For more information about Xensei and a reasonably priced and easy to use
unlimited-time, local internet access, call me at (781) 963-RAK-1 or Xensei at
(617) 376-6342, e-mail info@xensei.com.
TAX TIPS AND FACTS will appear on our World Wide Web page, at http://www.rak-1.com making it available the WORLD. |
| TAX TIP OF THE WEEK | |
|   | I am now writing a TAX TIP OF THE WEEK that is distributed over the Internet to a growing list of people each week. Some items in the weekly version will appear in the printed monthly version. If you would like to be included in the weekly electronic distribution, just send me your e-mail address with your City and State (for statistical purposes) by e-mail, snail-mail, voice-phone or fax. |
| WE NEED YOUR SUPPORT | |
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If you like our work, recommend us to a friend. If you are not happy with our work, please call me and let's talk about it. We will both appreciate it. |
| FROM A FINANCIAL PLANNER'S TRADE PAPER: | |
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"We want to call your attention to some good news out of Washington D.C. that could create an opportunity for licensees and bring a
substantial benefit to the public in the process. A section of the Taxpayer Refund Act of 1999, passed last Friday by the U.S.
Senate, changes the tax code to allow employers to provide retirement planning services to workers and their spouses as a tax-free
benefit. The current law is not clear as to whether workers should be taxed on the value of those employer-provided services.
The new provision, Section 352 of the bill, cleans up the ambiguity in the tax code about providing such benefits to workers and encourages employers to address workers' needs for retirement planning. An almost identical provision is included in Section 1259 of the House tax bill, H.R. 2488, the Financial Freedom Act of 1999. That bill passed the House on July 22. The provision has been endorsed by the Financial Planning Coalition, a body of seven financial planning and asset management advocacy groups, for which the CFP Board is acting as an educational consultant. Members of the Coalition include the American Institute of Certified Public Accountants, the Consumer Federation of America, the Institute of Certified Financial Planners, the International Association for Financial Planning, the Investment Company Institute, the Investment Counsel Association of American and the Society of Financial Service Professionals. A press release about the provisions is available on the CFP Board's Web site at www.CFP-Board.org. We are encouraged that Congress has recognized the growing importance of financial and retirement planning for Americans and taken these steps." |
| CERTIFIED? | |
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Your doctor is certified. Your lawyer is certified. Is your accountant certified? If your accountant isn't a Certified Public Accountant, think twice about where you are getting your advice. Who do you want handling your financial and business matters? If your accountant isn't a CPA, it's time to seek professional help. |
| BUSINESS REAL ESTATE. | |
|   | It is better for business property to be owned directly by the shareholder/owners (or a trust on behalf of the owners). There are several tax reasons for this. Reasonable rental income paid by the business to the owner should be payable without Social Security or Medicare taxes, and the income received is not "earned income" in the definition of the annual maximum earnings under Social Security (where you have to give back $1 for each $2 in excess of the maximum). The income may also be sheltered through the use of depreciation. Another reason to put real estate into a personal name or grantor trust vs. corporate name, is capital gains. While current law limits your long-term capital gain rate to 28% (or a lower rate), there is no such limit for corporate income taxes |
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|   | Many accountants view their goal as minimizing their clients' taxes. NOT ME! I like to see my clients pay more taxes - because their earnings and profits are increasing dramatically. I can make a major difference in achieving those profits. Talk to me and find out more. |
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No one is required to pay more in taxes than the law demands. If you pay
too much, you have less resources to meet your other financial goals. We
can help find tax deductions and credits, and help you plan so your taxes
will be as low as possible, year after year. And we can also assist you
with business and estate tax planning.
TAX TIPS AND FACTS is published periodically by Roger A. Kahan, CPA. Subscription is free to clients, prospective clients and friends of Roger A. Kahan, CPA. If you know of someone interested in a subscription to TAX TIPS AND FACTS allowing him or her to obtain valuable comments on national, Massachusetts or local tax issues, call (781) 963-RAK-1. The information contained in this publication has been obtained from sources I believe to be reliable at the time of writing, but I do not guarantee its accuracy or completeness. Neither the information nor any opinion expressed constitutes a solicitation by me of the purchase or sale of any securities or other investment. This material, or any portions thereof, may not reproduced without prior written permission of Roger A. Kahan, CPA. |
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