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

 

 
 
Issue Volume 15, No. 6
September 2001
ROGER A. KAHAN
Certified Public Accountant, Wealth Care Professional
and Business Advisor

Serving the tax and financial needs of individuals and small to medium sized businesses
659 North Main Street
Randolph, MA 02368-365
VOICE: 781.963.RAK-1 (963-7251)
E-mail: kahan@rak-1.com

RAK-1

LD14678-08/01
Registered Representative with and Securities offered
through InterSecurities, Inc., Member NASD, SIPC
139 Wood Road, Braintree, MA 02184 (781) 849-9200
 
 
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      TOPICS COVERED IN THIS ISSUE
 

 
 

Tax Tip of the Week
Tax Tips and Facts (monthly)
Simple IRA plans
Check writing - avoid bounced checks
Tax on corporate loans
Capital loss carryovers
Lower capital gains
The emotional cycle of the market
Making a will is just the start
Certified?
Beauticians and employment

 
 
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We hope your holiday weekend was enjoyable. To some, every Monday through Friday is "labor day."

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     Tax Tip of the Week
 

      

 
 

I will shortly resume writing TAX TIP OF THE WEEK that is distributed over the Internet to a select list of people each week. Items may also 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 the subject of: "TTW subscribe"

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      Tax Tips and Facts (monthly)
 

 
 

We are developing an e-mail mailing list of people that would like to be notified when each monthly edition of TAX TIPS AND FACTS is available on our web site, making it one less piece of "snail" mail to arrive at your home or business. Send us your e-mail address with the subject of: "TT&FM subscribe"

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      SIMPLE IRA PLANS
 

 
 

Do you:

  • Own a business?
  • Want to save for your own retirement?
  • Want to attract good employees and keep the ones you have?
  • Not want to be bothered with administration fees, government reporting or testing?
  • Have less than 100 employees?
  • Want your employees to be able to participate (defer their own salary) and you are willing to make a company contribution also?

NOW IS THE TIME TO SET UP THAT SIMPLE IRA PLAN FOR YOUR BUSINESS.

The deadline for establishing a SIMPLE IRA plan in the 2001 tax year is October 1, 2001. If the plan is not established by this date, you must wait to have an effective date of January 1, 2002.

Although participant IRAs within the SIMPLE IRA plan are not required to be set up by this date, employee's salary deferrals from their pay may not begin before their own IRA is established. Call me for more details.

 

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     CHECK WRITING - AVOID BOUNCED CHECKS
 

 
 
While you are certainly familiar with bank checking accounts, the concept of checkwriting within a brokerage account is new to many. Please realize that checks written from a brokerage account are paid through the brokerage account's core cash account. Some people incorrectly assume that checks are paid from the total assets held in the brokerage account and are unpleasantly surprised when a check bounces due to insufficient (cash) funds held in the core account.
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     TAX ON LOANS TO YOUR CORPORATION
 

 
 

You already know you can be taxed on money you take out of your corporation. But not every corporate owner knows he or she may be taxed on money put into his or her corporation if it's a loan.

Stockholders who lend to their corporations are expected to charge interest on the loan at the market rate. Those who charge less, or nothing, can be taxed as if they charged at a rate periodically determined by IRS under federal law. Specifically, the difference between that rate and the lesser (or zero) rate actually charged by the stockholder is taxable to the stockholder as interest income -- and the corporation may be allowed a corresponding deduction. This "below market loan" rule is triggered once the total loan balance goes over $10,000. Paying your corporation's bills, without getting reimbursement, also counts as a loan.

IRS agents are alerted to such loans by the corporation's tax return, which asks about "Loans from stockholders."

You should review any loans or expense advances to your corporation. Consider whether the outstanding balance could be reduced to $10,000 or less. You may want to convert all or part of the loan to a capital contribution or purchase of stock. Consider seeking professional advice on how your business should be capitalized. You might decide to conform the transaction by fixing an interest rate and payment schedule. We, your tax advisor, can suggest an acceptable interest rate that will stop IRS from taxing you at a higher rate later should interest rates rise while the debt is outstanding.

Call me to find out more about this very important subject.

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      CAPITAL LOSS CARRY FORWARDS
 

 
 

>From the Internet: "What is the rule on capital losses from stock sales? I can only deduct 3K per year from my taxes? If my loss is greater than 3K, how many years after can I continue to draw from that loss (take 12K for an example)? Thanks"

Answer: Capital losses are fully deductible against capital gains. Capital losses in excess of capital gains can be deducted against other income at the rate of $3,000 per year, carrying forward until used up. (Thanks to MS for the question)

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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 estate and business planning and offer financial strategies to meet your goals. As your CPA, we know your needs better than any other professional.

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     LOWER CAPITAL GAINS
 

 
 

If you are buying assets, such as securities, you might consider holding them for a while, as you may be able to pay less capital gains tax. Long-term capital gains are generally taxed at 20 percent. However, a tax law that took effect in January 2001 offers an 18 percent rate.

To get this lower rate, two conditions must be met:

  1. the assets must be held longer than five years;
    and
  2. you must have purchased the assets after 2000.

There's an even lower rate now available for some investors in the lowest two tax brackets. If your personal income tax rate drops to the 10 or 15 percent federal tax bracket during the five-year holding period beginning in 2001, you'll pay just 8 percent tax on your gain. (This compares with the regular 10 percent rate that low-bracket taxpayers pay on long-term gains from investments held more than one year but less than five years.)

Think about shifting some of your appreciated investments to your children over age 14. Most likely, the kids are paying federal income tax at 10 or 15 percent. In five years, if the children are still in the lowest two tax brackets, they can unload the assets at a low 8 percent tax to help fund their educations or their first homes.

Of course, you should never make investment decisions just for tax purposes. While it's a good idea to factor in the tax impact involved in selling or holding stock shares, make sure you look at the whole picture. Check with your tax and financial professional for more information. Call us!

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     THE EMOTIONAL CYCLE OF THE MARKET
 

 
 
Emotions influence our investment decisions. Often times, investors react emotionally instead of intellectually. This explains why investors often buy high and sell low. The bottom line is to recognize the role emotions play, recognize the value of advice, and recognize the opportunity to call your Wealth Care Professional. The opportunity is yours! Clearly, now seems to be a great time for investors to invest!

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      MAKING A WILL IS JUST THE START
 

 
 

Having a will drawn up is just the beginning of effective estate planning. Here are some other steps you should take to protect your family:

Step 1: Keep your will up to date by reviewing it at least once a year. You may need to make changes to reflect such events as births, deaths, and new property acquisitions, and to take advantage of changes in the tax law. (An up-to-date personal financial statement can be very helpful in estate planning.)

Step 2: Inform your spouse about your business and investment assets. You don't have to discuss all the details, but your spouse should at least have a working knowledge of your pension or profit-sharing plan, your securities and investment goals, and your insurance policies. You should also acquaint your spouse with a trusted adviser or associate that he or she can turn to for help, especially in regard to your business.

Step 3: With the aid of your financial advisor, prepare a list of your major assets and documents along with their locations. (Make sure that your family knows where this list can be found.) The list might include, in addition to your tangible assets, an itemization of your securities, insurance policies, credit cards, safe deposit boxes, and important papers (such as your will, marriage license, titles to your home and automobiles, military discharge papers, etc.). In addition, include (as appropriate) the names and addresses of your accountant, attorney, banker, insurance broker, real estate broker, and stockbroker or your Wealth Care Professional.

Step 4: With the aid of your Wealth Care Professional, prepare what is referred to as a "last letter of instruction" or "post-mortem letter" to your spouse or other close relative. The letter should include the names of people to contact upon your death, spell out funeral arrangements and so forth. It could include the list discussed under Step 3; if not, it should remind the reader of the list (and of its location).

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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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Planning for the future is a lot like planting a tree. You've got to do it today if you want your family to enjoy it tomorrow.

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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 professionals wishing to save money and better manage their own, a friend, a relative, or a client's personal or business life. Do you know of someone that could use our professional services? Please let us know if we can use your name in an introductory letter. Thank you.

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      BEAUTICIANS- COMMON LAW EMPLOYEES
 

 
 

(From an actual tax court case)

A beauty salon's beauticians were common law employees rather than independent contractors. The owner of the salon had control over their work sufficient to establish an employer-employee relationship. There was no evidence other than the taxpayer's self-serving testimony that he created an independent contractor relationship with the individuals. None of the beauticians testified at trial, the taxpayer failed to produce written contracts for purported chair rental agreements, and there were no records of Forms 1099 having been issued to the beauticians during the tax years at issue. In addition, the taxpayer had the authority to terminate a beautician for unsatisfactory services and required beauticians to adjust their schedules to accommodate salon hours.

Moreover, the taxpayer was not entitled to safe harbor relief for mistakenly claiming his employees as independent contractors. The taxpayer conceded that he treated the beauticians as employees during the first quarter of one tax year; his predecessor treated the beauticians as employees; he failed to file the requisite federal tax returns, and he had no reasonable basis for not treating the individuals as employees. The mere fact that he talked to other salon owners regarding the utility of rental chair agreements was insufficient to establish an industry wide practice of treating beauticians as independent contractors.

Finally, in the absence of reasonable cause, the taxpayer was liable for additions to tax for failure to timely file employment tax returns and failure to timely pay and deposit employment taxes.

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Many accountants view their primary 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. In addition to minimizing clients' taxes, I can offer clients strategies designed to help them achieve those profits. Talk to me and find out more.

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"REMEMBER: 'A failure to plan is a plan to fail"' (Anonymous)
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No one is required to pay more in taxes than the law demands. If you pay too much, you have fewer resources to meet your other financial goals. I can help find tax deductions and credits, and help you plan so your taxes will be as low as possible. I can also assist you with business and estate tax planning.

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 be reproduced without prior written permission of Roger A. Kahan, CPA.

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ROGER A. KAHAN
Certified Public Accountant, Wealth Care Professional and Business Advisor

659 North Main Street
Randolph, MA 02368-3659

VOICE: 781.963.RAK-1 (963-7251)
FAX: 781.961.RAK-1
E-mail: kahan@rak-1.com

A member of:

Massachusetts Society of Certified Public Accountants
Massachusetts Association of Public Accountants
Randolph Business and Industrial Commission
South Shore Women's Business Network
Computer Organizations of New England, Inc.
Randolph Chamber of Commerce, Inc.
National Society of Tax Professionals
South Shore Chamber of Commerce
US Financial Advisors, LLC.
National Notary Association
Knights of Pythias

Mass CPA online

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