TAX TIPS AND FACTS
As written by Roger A. Kahan, CPA

 

 
 
Issue Volume 15, No. 4/5
July/August 2001
ROGER A. KAHAN
Certified Public Accountant, Business Advisor
and Financial Services Provider

Serving the tax and financial needs of individuals and small to medium sized businesses
Randolph, MA 02368-1865
VOICE: 781.963.RAK-1 (963-7251)
E-mail: kahan@rak-1.com

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LD13812-07/01 - LD14239-08/01
Registered Representative with and Securities offered
through InterSecurities, Inc., Member NASD, SIPC
100 Grandview Road, Suite 300, Braintree, MA 02184 (781) 849-9200
 
 
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      TOPICS COVERED IN THIS ISSUE
 

 
 

IRA WITHDRAWALS
2001 tax legislation
Silent rip off
Saving for college
The Homesteader
Estate plans that work
Certified?
Privacy statement
Social Security benefits

New publications from IRS
Charitable contributions
The power of compound interest
Family wealth management
Your customers
Required minimum distribution
IRS loses checks and returns
FREE from the IRS
Shift income
New changes in tax rates
College savings plans
Death of estate taxes

Dispose of business vehicles

 
 
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     IRA WITHDRAWALS
 

 
 

QUESTION: When do I have to start making withdrawals from my IRA?

ANSWER: The first minimum distribution is made for the calendar year in which you reach 701/2 . The first distribution does not have to be paid until April 1 of the year following the year you turn 701/2 . The minimum distribution for any subsequent year must be made not later than the last day of such year.

Therefore, if the initial distribution is delayed until April 1, you will have two minimum distributions made in a single year. If you do not take the minimum distribution as called for, you will be subject to a nondeductible EXCISE TAX of 50% on the amount by which the required minimum distribution exceeds the distribution actually made. In other words, you must take the complete "minimum distribution" each year, anything less will subject you to the 50% penalty.

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     2001 tax legislation
 

      

 
 

By now, you are aware that Congress finally agreed and the President has signed tax legislation for 2001, reaching into 2010. The new law took effect on July 1, 2001 and has a series of provisions that will impact you in a positive way almost immediately. The new law calls for lower tax rates as well as a tax rebate check to you this year. You probably have already received your letter telling you how much you will receive. There is no action on your part necessary to receive your check.

The actual tax bill passed by Congress is over 450 pages in length. Many of the new provisions are "back-loaded," meaning that they will not take effect for many years (that is, of course if future congressional sessions allow them to take effect). It is my opinion that many of the provisions will be either changed or eliminated over the years approaching 2010. It certainly will make our job a lot harder to do effective tax and financial planning for you in the future.

At a future time, I would enjoy the opportunity to sit down with you and review the new law in greater detail. In future editions of TAX TIPS AND FACTS, we will discuss provisions of this new law and some of the changes.

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      Silent rip off
 

 
 

It is estimated that homeowners pay unnecessary mortgage insurance each year. Home buyers who pay down less than 20 percent of their mortgage usually have to pay private mortgage insurance (PMI) with an average cost of about $500 each year. If your monthly statement or mortgage invoice is not clear, you should question your lender whether you are being charged for PMI.
If you have paid off at least 20 percent of the loan's original appraised home value, you may be able to request that PMI coverage be cancelled. If the loan balance is above 80 percent of the original appraised home value, and if home values have climbed in your area, a new appraisal may be worthwhile. The cost of the appraisal may be much less than the total cost of the ongoing PMI.

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Did you know we do more than just prepare, compile, and crunch numbers? We are not "bean-counters." We can also advise you on business planning and strategies to meet your goals. As your CPA, we know your needs better than any other professional.

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     Saving for college
 

 
 

Sponsored by the State of Rhode Island, "CollegeBoundfund" is a flexible college savings program which seems to make saving for a child's higher education easier. The program is managed by Alliance Capital and is obtainable through many financial service providers. The program is available to everyone - parents, grandparents, friends, and family and may be funded with more money than other educational programs, reaching as high as $100,000 per child.

This savings program offers tax-deferred earnings, no income limits, low minimum investments, a choice of investment options, and investment management. Additionally, amounts contributed to the fund are removed from the donor's estate for estate tax purposes.

The fund can be used to pay for qualified expenses at almost any accredited institution of higher education in the United States as well as some foreign schools. If the beneficiary does not attend an institution of higher learning, under the proper circumstances, the benefit can be transferred to another child within the family.
Call me for more information about the "529 education savings plan."

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     THE HOMESTEADER
 

 
 

You can now find additional tax tips concerning home ownership in THE HOMESTEADER, the South Shore's new homeowner newspaper. Tax Tips are now featured in the monthly edition. For a copy, write to The Homesteader, 99 Court St., Plymouth, MA 02360. Mention my name in your request.

By the way, our participation began with the September edition of The Homesteader. This edition was distributed at the annual NEW ENGLAND HOME SHOW held September 22 to 24. Back issues of The Homesteader can be obtained from the same address in Plymouth.

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      Estate plans that work
 

 
 

Do you know whether your current estate plan will accomplish all that you expect it to do? If you are like most people, you probably do not know the answer to this question.

The truth is that many estate plans do not work. Often, title is incorrect and proper allocation of ownership is wrong. Sometimes, initial personal planning projections are ignored. The result is many plans do not accomplish what the person who created them intended. This might result in a loss of inheritance, greater cost to produce and maintain, or unforeseen emotional costs to the family as they try to straighten out all of the problems.

With my experience and association with other professionals, I can help you create a sound estate plan, customized to help assure it actually carries out your wishes. I suggest and provide an annual review to assure it is up to date. As a result, at settlement, costs for the family may be significantly lower than traditional approaches.

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Remember, "It's not what you make that counts, it's what you keep."

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   CERTIFIED?
 

 
 

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.

Mass CPA online

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     Privacy statement
 

 
 
On November 13, 2000, Congress enacted the Gramm-Leach-Bliley Privacy Act. The Act governs the disclosure of personal financial information by financial institutions and professionals about customer/clients. Our Privacy Policy Statement was mailed to all individual income tax clients on June 18. If you did not get your copy, please call our office and request another.
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      Social Security benefits
 

 
 

We heard the Internal Revenue Service would shortly begin garnishing Social Security benefits of taxpayers who are at least six months in arrears of tax payments and receive more than $750 per month. Plans are to withhold 15% of the benefits above $750 as payments to the IRS. Benefits to disabled people and payments under the Supplemental Security Income program are exempt from the garnishment rule.

If you think you will be in this messy situation, call us right away.

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      New publications from IRS
 

 
 

An updated version of Publication 538, Accounting Periods and Methods, is now available.

You can get a copy of a publication by calling 1-800-TAX-FORM. You can also write to the IRS Forms Distribution Center nearest you (check your income tax package for the address). Publications are also available on the IRS Internet web site at www.irs.gov

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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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      Charitable contributions
 

 
 
The IRS has ruled that accrual basis S corporations may not elect to deduct charitable contributions for the year in which they are authorized by their board of directors, but paid before March 15th of the next year. Rather, Revenue Ruling 2000-43 has limited the charitable deductions of an accrual basis S corporation to the year the payment is made.
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      The power of compound interest
 

 
 

Because of the power of compound interest, a supplemental retirement account can potentially grow even with small deferrals from one's paycheck. Compounding is earning interest on the original investment (the principal), then earning interest on that interest. Interest may compound daily, monthly, quarterly, semi-annually, or annually. In many fixed investment options, the investment account earns interest daily and each day the principal earns even more interest.

Lets say that you invest $1,000 in a retirement plan at the beginning of the year. Assume that for the first year, you earn an 8% retain or $80. The balance at the end of the year would be $1,080. Assuming that same 8% return for the second year, the interest for that year would be $86.40. The $86.40 reflects $80 in earnings on the original investment and another $6.40 on the $80 earned during the first year. This is a hypothetical example for illustrative purposes only and is not intended to represent any specific investment. This example does not consider any costs associated with investing. Investments involve risk and you may incur a profit or a loss.

Just think how that interest would rise if it were compounded on a daily basis.

To benefit the most from compound interest, you should stick to regular periodic investing. Over time, even small deferrals can have the opportunity to grow.

Call us for more information.

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      Family wealth management
 

 
 

The smart planning objectives of owners of family held businesses should not be just tax reduction, but wealth management.
This includes more planning than you normally would think should be accomplished to reduce business taxes. Added would be the restructuring of your business to best meet your objectives and the objectives of the family as a whole, including business succession planning to ensure continuity of management. Also in this level of planning, you should include estate tax strategies that protect the wealth of your business. You should expect to provide family planning to preserve family harmony and avert disputes that could harm the business and the family.

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      BANKS WANT TO LEND MONEY!
 

 
 

BANKS WANT TO
LEND MONEY!

We can help you obtain financing or expand your business.

ABSOLUTE BUSINESS CONNECTION

Call Roger Kahan or Arnie Rosenthal at 781.961.2400

 

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      Your customers
 

 
 
If you or your staff park cars in front of your door, where will your customers or clients park? Do you really believe they will drive far away from your place of business and then walk back to your door? Think about your customers.
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      Required minimum distribution
 

 
 

When you reach age 701/2, you must take a distribution from your IRA retirement accounts. Although much easier this year, there are specific rules as to how much you must take each year. If you do not take at least the calculated annual "required minimum distribution" (RMD) each year, you will be subject to a 50% penalty on the amount of RMD not taken. If you will become age 701/2, during 2001, call us to find out how much you must withdraw. If you became age 701/2, before 2001, call us to find out what you have to do now.

I know this has been mentioned before, but it is important to you and your family that you stay away from that 50% penalty.

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      IRS loses checks and returns
 

 
 

A problem has arisen with some tax returns, extension requests, estimated taxes, and payments sent to the Internal Revenue Service lockbox in Pittsburgh. The problem involves taxpayers in New England and upstate New York.

It has been reported publicly that about 1,800 taxpayers have had their checks and accompanying returns lost. It appears the real number is substantially greater with thousands of taxpayers affected. It is not yet known whether or not it is an issue of lost items or whether there has been theft. If there has been a theft of the tax filings, there is a real fear of identity theft being the reason.
If you sent checks to the IRS in mid April that have not yet cleared, there is a good chance you are part of the group of affected taxpayers. You should stop payment on your checks and send a replacement check along with another copy of the tax return, extension request, estimated tax voucher, or payment voucher to the Andover IRS Center Payment Tracer Unit at:

Internal Revenue Service
PO Box 9936
Andover, MA 01810
Attn: Nancy Green, Stop 321

If there are any bank charges involved with the stop payment order, the IRS will refund the charge to the taxpayer upon filing Form 8546, Claim For Reimbursement of Bank Charges Due To Erroneous Service Levy, or Misplaced Payment Check. If you paid a charge, request the form with your replacement.

Carol Stender-Larkin, Director of Processing at the Andover Service Center reports that Grand Jury proceedings have been initiated in the federal court in Pittsburgh. If you suspect any criminal activity (such as altered checks or identity theft), contact Maureen Johnson at the Andover Center at 978-474-9474.

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"REMEMBER: 'A failure to plan is a plan to fail"' (Anonymous)
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      FREE from the IRS
 

 
 

The new Small Business Resource Guide (CD-ROM 2001) is now available for free. This guide, jointly developed by the Internal Revenue Service and the Small Business Administration includes tax forms, instructions, publications, and other valuable information for small business from other government agencies, nonprofit organizations and educational institutions.

Any business can obtain a free copy by calling 1-800-829-3676 or visit www.irs.gov. Ask for publication 3207.

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      Shift income
 

 
 
To lower the family's overall tax bill from your business, think about hiring your children. You can deduct the (reasonable) wages paid to them while they pay tax on their wages at their own LOWER tax rate. Wages paid by a sole proprietor to his/her child who is under age 18 are not subject to Social Security tax. The "kiddie tax" of an under age 14 child does not apply to earned income.
Additionally, children with earned income can make a deductible contribution to a tax deferred IRA, but may do better by opening a "tax free" non-deductible Roth IRA instead. The years of compound investment returns a child may earn in either a traditional or Roth IRA may provide a head start on lifetime financial security.
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       New changes in tax rates
 

 
 

The new "Bush Tax Law" makes tax rates fall in stages for everyone over the next five years.

First, the bill creates a new 10 percent bracket. It applies to the first $12,000 of taxable income for married couples, the first $10,000 for single parents and the first $6,000 for singles.

Until now, that income has been taxed at 15 percent. So this change, which will be retroactive to Jan. 1, will save all married couples as much as $600, single parents up to $500 and singles up to $300 annually. Higher-income taxpayers will also benefit from lower rates on the last dollar of their income. By 2006, the 39.6 percent rate paid by the top 1 percent of taxpayers will have fallen to 35 percent, the 36 percent rate to 33 percent, the 31 percent rate to 28 percent, and the 28 percent rate to 25 percent.
Higher-income taxpayers will also benefit because they will no longer lose personal exemptions for themselves and their children, as well as itemized deductions like charitable gifts and mortgage interest payments, as their income rises. These benefits are currently taken away at the rate of $30 per $1,000 of additional income above a threshold of as little as $64,475, depending on one's family status. This rate will fall to $20 per $1,000 starting in 2006, to $10 in 2008, and will be eliminated in 2010.

One way to take advantage of the legislation is to accelerate tax-deductible expenditures - making them this year instead of in future years, when rates are lower. For example, someone in the top bracket could create a fund at his local community foundation this year with enough money to cover charitable gifts for the next decade or so, taking a deduction at the 39.1 percent top rate this year instead of the 35 percent top rate for 2006 and later. So a fully deductible $100,000 gift now, for example, would save $4,100 more in taxes than it would in 2006.

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      College savings plans
 

 
 

A Section 529 college savings plan was a good tax-planning tool. Now, with recent tax law changes, it has turned into a GREAT tax-planning tool. Starting in 2002, the new "Bush" tax law provides for TAX FREE withdrawals from Section 529 accounts when the proceeds are used for higher education. Unlike other tuition and child tax benefits, there are virtually no income limitations on contributions or withdrawals.

Anyone with a child, grandchild, niece, or nephew is a candidate to establish a 529 Plan.

Call me and find out more.

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      Death of estate taxes
 

 
 

President Bush lived up to his promise to eliminate the Estate Tax when he signed the Economic Growth and Tax Relief Reconciliation Act of 2001. However, is it really gone? First, it takes nine years to get there, and after ten years, it comes back. Yes, it's quite confusing, even for the professional. It is hard to plan for the demise of the "death tax" when it really does not go away. When you consider that the life of the "elimination" of the US Estate Tax will be carried through five congressional election cycles and three presidential elections, the repeal could be greatly changed or eliminated thereby continuing this tax. Add to that the potential elimination of the state portion of estate taxes, you can almost bet that Massachusetts and other states will institute their own estate tax to replace the lost revenues.

What should you do? Until the federal and state governments give us something more than "smoke and mirrors" when it comes to Estate Taxes, I suggest you continue effective estate tax planning to preserve your estate for your loved ones. Remember, with or without estate taxes, you still need estate and life planning to carry out YOUR desires to transfer YOUR wealth to YOUR heirs and provide such things as back-up parents for any minor children.

Thanks to The Law Offices of Dagmar M. Pollex (Milton, Massachusetts) for much of this tip.

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      Dispose of business vehicles
 

 
 

Should you sell your business vehicle, or should you trade it for a new one? That depends on your basis in the current vehicle and the purchase price of the new one.

Sell. Suppose you purchased the vehicle several years ago for $25,000. You've been claiming depreciation deductions, so your basis in the vehicle is now, say, $14,000. But let's assume the vehicle's market value is only $11,000. In that case, consider selling it. If you sell the vehicle for $11,000, you'll be able to deduct a $3,000 loss.

Trade. Trading the car might make sense if you're driving an expensive luxury model. Suppose you've claimed all your depreciation deductions on a $45,000 car. If so, your basis in the car is zero-but the car still might have a market value of, say, $9,000. If you sell it, you'll end up with a $9,000 taxable gain. But if you trade the car for a new one, you can roll your gain into the price of the new car.

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Roger A. Kahan is a Certified Public Accountant, Business Advisor, and Wealth Care Professional 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 prof