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

 

 
 
Contents | About | Back issues | CBS MarketWatch Article | Year-End Planning
Volume 19, Issue # 4
November 2005

ROGER A. KAHAN
Tax and Business Advisor, Wealth Care Professional

Serving the tax and financial needs of individuals and small to medium businesses
1214 Park St., Suite 203
Stoughton, MA 02072-3738
VOICE: 781.963.RAK-1 (963-7251)
E-mail: kahan@rak-1.comU

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Copyright © 1995 - 2005 Roger
ALL RIGHTS RESERVED
 
 
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Thanksgiving greetings to our clients and friends.

 

It's time to begin preparation for the 2005 income tax filing season. You can start by collecting and keeping track of your income and deductions documentation.

Enclosed is the November issue of "Tax Tips and Facts" to read at your convenience.
If you have any questions feel free to give me a call at 781.963.RAK-1, or send me an email at: kahan@rak-1.com.

Electronic filing has grown leaps and bounds. In fact, the state has mandated electronic filing for most professional preparers, individuals AND business entities. I am one of those tax preparers that is required to file returns electronically for clients.

Here are a few things to remember in preparation of your tax return:

Names should be exactly as they appear on your social security card

Confirm that your social security number is correct

Include all dependents, date of birth and social security numbers

Please understand that you can file electronically even if there is a balance due. You do not have to pay until April 15 th and only mail a check, not the whole return. (Think of the postage you will save.) Complete instructions will be included with the client organizer kit to be mailed around January 1st. If you wish, I can arrange for your bank account to be charged on April 15, 2005, so you don't have to worry about watching for the date to mail the check.

There has been recent legislation regarding Tax Credits on Energy Policy Act of 2005.

Autos: Credits range from $1700 to $3000 depending on various factors. This replaces the $2000 credit for hybrid cars and is available 2006-2009.

Primary residences: Credits of up to 10% of the cost of energy saving improvements done in 2006 & 2007 with a lifetime credit maximum of $500. There are other energy credits for solar systems etc.

The law also extends daylight savings beginning 2007 (I do not understand why they make us wait so long). It starts the second Sunday in March rather than the first Sunday in April and ends the first Sunday in November rather than the Sunday in October.

Once again I will be pre-booking tax preparation appointments. Your appointment information will be mailed along with your client organizer kit . Those of you who prepared your return by mail will only receive the organizer kit, however, if you would prefer an office appointment give me a call, as I would be happy to see you. Those of you, who have come in for an appointment, but prefer to mail in the information, please call and let me know so that I may adjust my calendar accordingly.

Have a great Thanksgiving...

I look forward to hearing from you after the New Year!

 

TOPICS COVERED IN THIS ISSUE

    1. TAX PREPARATION TIME
    2. PLAN MARRIAGE WITH TAXES IN MIND
    3. CORRECTING LATE 401(K) DEPOSITS
    4. WAGES TO ILLEGAL ALIENS
    5. GIFT TAXES 

 


 

PLAN MARRIAGE WITH TAXES IN MIND

If you are planning to marry around the end of the year, review the tax consequences now. There may be compelling reasons to delay that wedding until 2006.

Although the “marriage penalty” has been reduced, it still exists, especially at those higher income levels. Moreover, marriage can affect taxes in various ways due to specific items on the spouses' returns, such as:

  • If both spouses have income and one has a large item that is deductible only to the extent it exceeds a percentage of adjusted gross income (AGI) such as a medical deduction that is deductible only to the extent that it exceeds 7 1/2% of AGI, or one spouse has a large employee business expense that must exceed 2% of AGI, then combining AGI on a joint return will reduce or eliminate the deduction. May items on the tax return have AGI-related limits, so it is best to “run the numbers” and see which filing status is better to report.
  • If one spouse has a large capital gain, while the other has a net capital loss in excess of $3,000 that cannot be deducted, marriage can let the loss be used to offset the gain to save tax.

You may want to either move marriage up to 2005 or delay it until 2006. This kind of tax planning may pay for your wedding.

I mention this subject now, as the question has come up a lot in the past few weeks.

 


 

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.

 


Table of Contents

 

CORRECTING LATE 401(k) DEPOSITS

Sometimes it just happens. The person responsible for payroll takes a vacation and forgets to send the 401(k) deposit in prior to leaving. At the end of the year, the accounts are reconciled and low and behold, the missing contribution is found.

The Department of Labor (DOL) takes a very harsh position on this occurrence. This is considered a prohibited transaction (PT) and is subject to all sorts of sanctions. The PT must be immediately corrected and an excise tax is due for as long as it is outstanding. Additionally, if the correction is made in another plan year because it crossed over, two Form 5330's must be filed with a doubling of the excise tax.

Interest is due from the date it should have been made to the date of the correction. The DOL has provided worksheets for a safe-harbor computation on their website. Even if all corrections are made, the DOL can still impose a 20% penalty tax on the fiduciaries for the breach of their responsibility.

Clearly an overkill for a minor infraction. To avoid the 20% penalty tax on the breach, you can file under the Voluntary Fiduciary Correction Program and the DOL will issue a no penalty letter.

If the late deposits happen to you, contact our office and we can help you through this maze.

To be on the safe side, always deposit the 401(k) contributions and loan repayments on each pay date. Most vendors accept electronic submission of the payroll data in an ACH deposit.

 


 

Did you know we do more than just prepare, compile, and crunch numbers? We are not just 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 many other professionals.


Table of Contents

 

WAGES TO ILLEGAL ALIENS

Individual Identification Numbers (ITINs) are issued by the Internal Revenue Service to certain nonresident and resident aliens, their spouses and dependents. It is used for income tax purposes only. An ITIN is not a legal identification number for employment. ITINs begin with the number '9' and are formatted like a Social Security number with the fourth and fifth digits ranging from 70-80.

The Social Security Administration offers employers and authorized reporting agents two methods for verifying employee Social Security Numbers (SSNs). To verify up to five names and numbers, call 800-772-6270. To verify up to 50 names and numbers, contact your local Social Security office. For more information, check www.ssa.gov/employer/ssnv.htm.

 


Table of Contents

 

GIFT TAXES

To reduce your estate and ultimately your federal and/or state estate taxes, you may make annual gifts of a present interest in property up to a value of $11,000 per donee per year without incurring a federal gift tax. If you spouse consents, the limit can be increased to $22,000 per year, per donee. This means, for example, if you make gifts of $22,000 to each of six donees (your children, daughter- or son-inlaw, grandchildren, etc.) you will have removed as much as $132,000 from your estate without paying any gift tax.

This method of transferring property will not affect the $555,800 Applicable Credit (formerly, the Unified Credit) or the Gift Tax Credit (the $1.5 million estate value exemption). In an estate with a potential tax bracket of 48%, this can mean an ultimate federal estate tax savings of $63,360 plus a Massachusetts estate tax. You have made the gift to those who would probably inherit the property from you eventually, and this way, you may be able to watch them enjoy it.

In order to take advantage of the annual exclusion (either $11,000 or $22,000) for 2005, you must COMPLETE the gift on or before December 31. This means you must actually transfer the property by December 31. An intent or unwritten agreement will not be sufficient. The check used as a gift must clear your bank by December 31. Merely adding the donee’s name to the bank or broker account or Certificate of Deposit is not sufficient to trigger the transfer. If you gift stocks or bonds, the transfer must be recorded by December 31. Gifts of $11,000 or more or more to any one donee must be reported on Form 709 by April 15 of the year after the year in which the gift is made.

There are some waiting periods in order to escape an add-back of a gift. Under current law, for Medicare/Medicaid purposes, a gift within 36 months of admittance to a long-term care facility (or entrance into the Medicaid program) will be added back to your amount of countable assets that you may need to "spend down" in order to get Medicaid coverage. You might consider supplementing your gift planning and obtain long-term care insurance coverage for at least three years. If you are thinking of purchasing long-term health care coverage, please shop around. There are some, although not many, policies that will only pay if you conform to their many limitations and restrictions. Consult with an insurance or financial professional before you make a deposit or sign an agreement. It may be well worth the cost or fee.

I am licensed to discuss and sell long-term care insurance coverage as you may require. Give me a call and arrange an appointment to see the many options and coverages.

 


 

The Massachusetts Society of CPAs represents over 8,800 certified public accountants working in public accounting, industry & business, government and education.

 


 

DON'T FORGET:
"IT'S NOT WHAT YOU MAKE THAT COUNTS; IT'S WHAT YOU KEEP!"

 


 

Roger A. Kahan is a Certified Public Accountant, Business Advisor, and Wealth Care Professional with an office in Stoughton, Massachusetts, 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, his professional tax consultation extends into several other countries. Roger is always seeking additional clients and professionals wishing to save or invest money and better manage their own life; or 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 or phone call.

Thank you.

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 can 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 believed to be reliable at the time of writing, but are not guaranteed as to their accuracy or completeness. This material, or any portions thereof, may not be reproduced without prior written permission of Roger A. Kahan, CPA.

 


 

Remember: "A failure to plan is a plan to fail." (Anonymous.)

A member of:

Massachusetts Society of Certified Public Accountants
Massachusetts Association of Public Accountants
Randolph Business and Industrial Commission
Computer Organizations of New England, Inc.
Randolph Chamber of Commerce,  Inc.
National Society of Tax Professionals

Neponset Valley Chamber of Commerce

South Shore Chamber of Commerce
Stoughton Chamber of Commerce
Knights of Pythias International
Bay Financial Services, LLC
National Notary Association

Mass CPA online

Contents | About | Back issues | CBS MarketWatch Article | Year-End Planning
 
Copyright © 1995 - 2005 Roger A. Kahan, CPA.  All Rights Reserved.