Tarlow & Co., CPA's
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New York, NY 10001
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Monthly Newsletter - November 2005
 
Tax Planning Tips

Year-End Tax-Saving Ideas for Individuals

Investment Gains and Losses
Mutual Fund Investors
Year-End Giving to Reduce Your Potential Estate Tax
Other Year-End Moves

Year-End Tax Planning Ideas for Businesses

Other Year-End Moves
 

 

TAX PLANNING TIPS
 
YEAR-END TAX-SAVING IDEAS FOR INDIVIDUALS
 

There are a number of steps you might take by year-end to cut your 2005 tax bill, such as deferring income, accelerating deductions and capital gain planning.

Caution: If you expect to be subject to the alternative minimum tax (AMT), you may want to accelerate income and delay deductions.


Deferring Income

• If you are planning on selling an investment on which you have a gain, it may be best to wait until after the end of the year to defer payment of the taxes for another year (subject to estimated tax requirements).

• If you are due a bonus at year-end, you may be able to defer receipt of these funds until January. This can defer the payment of taxes (other than the portion withheld) for another year. Deferral of tax generally won’t work where the bonus is contractually due in 2005.

• If your company grants stock options, it may be wise to wait until next year to exercise the option or sell stock acquired by exercise of an option. Exercise of the option is often but not always a taxable event; sale of the stock is almost always a taxable event.

• If you're self-employed, and can afford the delay in cash inflow, defer sending invoices or bills to clients or customers until the end of December.


Caution:
Keep an eye on the estimated tax requirements.


Accelerating Deductions

• Pay a state estimated tax installment in December instead of at the January due date. However, the payment should be based on a reasonable estimate of your state tax.

• Pay your entire property tax bill, including installments due in year 2006, by year-end (not applicable to mortgage escrow accounts).

• Try to bunch “threshold” expenses, such as medical expenses and miscellaneous itemized deductions. (Threshold expenses are deductible only to the extent they exceed a certain percentage of adjusted gross income.) By bunching these expenses into one year, rather than spreading them out over two years, you have a better chance of exceeding the thresholds, thereby maximizing your deduction. For example, you might pay medical bills and dues and subscriptions in whichever year they would do you the most tax good.

• Bunching of large purchases subject to state sales tax may in your case yield a deduction larger than for state income tax. Since this sales tax deduction is scheduled to end in 2005, consider buying, this year, taxed items you might otherwise put off until 2006.


Caution:
Credit cards charges are considered paid in the year of the charge regardless of when you pay on the card.



Caution:
It can be wise to put off into early 2006 certain energy-saving purchases. Tax credits become available then for many residence-related outlays-and alternative power vechicles.


In the case of tax benefits that are phased out if you have more than a certain level of adjusted gross income (AGI), a strategy of deferring income and accelerating deductions may also allow you to claim larger deductions, credits, and other tax breaks for 2005. The latter benefits include Roth IRA contributions, conversions of regular IRAs to Roth IRAs, child credits, higher education tax credits and deductions for student loan interest.


TIP:
Deferring income into 2006 is an especially good idea for taxpayers who anticipate being in a lower tax bracket next year, generally because of much-reduced income or much-increased deductible expenses.


TIP:
It may pay to accelerate income into 2005 if your marginal tax rate is much lower this year than it will be next year.


TIP: If you have a sum of income coming in that is not covered by withholding taxes, increasing your withholding before year-end can avoid or reduce any estimated tax penalty that might otherwise be due. On the other hand, the penalty could be avoided by covering the extra tax in your final estimated tax payment and computing the penalty using the annualized income method. See which your adviser prefers.



Caution: Do not overlook the effect of any year-end planning moves on the alternative minimum tax (AMT) for 2005. Current modest AMT relief (ending this year) brings little help. Items that may affect the AMT include the deductions for state property taxes and state income taxes, miscellaneous itemized deductions, and personal exemptions.

Make charitable contributions. You can donate property as well as money to a charity. A deduction is usually available for the fair market value of the property. However, for certain property, the deduction is limited to your cost basis. While you can also donate your services to charity, you may not deduct the value of these services. You may also be able to deduct charity-related travel expenses and some out-of- pocket expenses.


TIP:
Contributions of appreciated property (i.e. stock) provide an additional benefit in that you avoid paying capital gains on any profit.


Accelerate expiring education deductions. The “higher education expense” deduction ends in 2005 (other education relief continues). Deduction up to $4,000 is allowed for taxpayers with AGI below $65,000 ($130,000 on a joint return); up to $2,000 with higher AGI. If qualified, prepaying early 2006 expenses in 2005 could save tax.

 
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Investment Gains and Losses
 

Minimize taxes on investments by judicious matching of gains and losses. Where appropriate, try to avoid short-term gains, which are usually taxed at a much higher tax rate (up to 35%) than long-term gains (15%). You might consider, where feasible, trying to reduce all capital gains and generate short-term capital losses up to $3,000.


TIP:
If you have a large capital gain this year, consider selling an investment on which you have an accumulated loss. Capital losses are deductible up to the amount of your capital gains plus $3,000.


TIP: After selling securities investment to generate a capital loss, you can repurchase it after 30 days. (If you buy it back within 30 days, the loss will be disallowed.) Or you can immediately repurchase a similar (but not the same) investment, e.g., another mutual fund with the same objectives as the one you sold.


TIP:
If you have losses, you might consider selling securities at a gain and then immediately repurchasing them, since the 30-day rule does not apply to gains. That way, your gain will be tax-free, your original investment is restored and you have a higher cost basis for your new investment (i.e., any future gain will be lower).

 
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Mutual Fund Investors
 

Before investing in a mutual fund, determine whether there will be a dividend at the end of the year or a dividend that will occur early in the next year but be deemed paid this year. The year-end dividend could make a substantial difference in the tax you pay.






Example: You invest $20,000 in a mutual fund at the end of 2005. You opt for automatic reinvestment of dividends. In late December of 2005, the fund pays a $1,000 dividend on the shares you bought. The $1,000 is automatically reinvested. Result: You must pay tax on the $1,000 dividend. You will have to take funds from another source to pay that tax because of the automatic reinvestment feature.The mutual fund’s long-term capital gains pass through to you as capital gains dividends taxed at long-term rates, however long or short your holding period. The mutual fund’s distributions to you of dividends it receives generally qualify for the same tax relief as long-term capital gains. If the mutual fund passes through its short-term capital gains, these will be reported to you as “ordinary dividends” that don’t qualify for relief.


TIP: Wait until after the dividend to buy the shares. (The share net asset value will drop after the dividend is paid.) Alternatively, buy the shares in 2005, but opt to take the dividend in cash instead of having it reinvested.

In spite of these tax consequences, it may be a good idea to buy shares right before the fund goes ex-dividend. For instance, the distribution could be relatively small, with only minor tax consequences. Or the market could be moving up, with share prices expected to be higher after the ex-dividend date.


TIP:
To find out a fund's ex-dividend date, call the fund directly.

 
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Year-End Giving to Reduce Your Potential Estate Tax
 

For many, sound estate planning begins with lifetime gifts to family members, gifts which reduce the donor’s assets subject to future estate tax. Such gifts are often made at year-end, in the holiday season, in ways that qualify for exemption from federal gift tax.

Your gifts to any donee are excludable (exempt) from gift tax up to $11,000 a year per donee.

Caution: An unused annual exemption doesn’t carry over to later years. To make use of the exemption for 2005, you must make your gift by December 31.


Husband-wife joint gifts to any third person are exempt from gift tax up to $22,000 ($11,000 each). Though what’s given may come from either you or your spouse or from both of you, both of you must consent to such “split gifts”.

Gifts of “future interests”—assets which the donee can only enjoy at some future time (certain gifts in trust, for example)—generally don’t qualify for exemption. But gifts for the benefit of a minor child can be made to qualify.


TIP: Consider adopting a plan of lifetime giving to reduce future estate tax.


Cash or publicly traded securities raise the fewest problems. You may choose to give property you expect to increase substantially in value later. Shifting future appreciation to your heirs keeps that value out of your estate. But this can trigger IRS questions about the gift’s true value when given.

You may choose to give property that has already appreciated. The idea here is that the donee, not you, will realize and pay income tax on future earnings, and built-in gain on sale.

Gift tax returns for 2005 are due the same date—April 15, 2006—as your income tax return. Returns are required for gifts over $11,000 (including husband-wife split gifts totaling more than $11,000) and gifts of future interests. Though you are not required to file if your gifts do not exceed $11,000, you might consider filing anyway as a tactical move to block a future IRS challenge about gifts not “adequately disclosed.”


TIP:
Consult your tax advisor if you’re considering making a gift of property whose value isn’t unquestionably less than $11,000.


TIP
: Gifts much larger than $11,000 can effectively avoid gift and related estate tax.



Income earned on investments you give to children or other family members is generally taxed to them, not to you. In the case of dividends paid on stock given to your children, they may qualify for the reduced 5% dividend rate.


Caution: Investment income of a child under age 14 is taxed at the parent’s top rate, where in excess of $1,600.




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Other Year-End Moves
 

Retirement Plan Contributions. Maximize retirement plan contributions. If you own an incorporated or unincorporated business, consider setting up a retirement plan if you don’t already have one. (It need not be actually funded until you pay your taxes, but allowable contributions will be deductible on this year's return.) If you are an employee and your employer has a 401(k), contribute the maximum amount ($14,000 for 2005, plus an additional $4,000 if age 50 or over, assuming the plan allows this much and income restrictions don't apply). If you are employed or self-employed with no retirement plan, you can make a deductible contribution of up to $4,000 a year to a traditional IRA (deduction is sometimes allowed even if you have a plan).

Health Savings Accounts.
Consider setting up a health savings account (HSA). You can deduct contributions to the account, investment earnings are tax-deferred until withdrawn, and amounts you withdraw are tax-free when used to pay medical bills. In effect, medical expenses paid from the account are deductible from the first dollar (unlike the usual rule limiting such deductions to the excess over 7½% of AGI). For amounts withdrawn at age 65 or later, and not used for medical bills, the HSA functions much like an IRA.

To be eligible, you must have high-deductible health insurance (and only such insurance, subject to numerous exceptions), and must not be enrolled in Medicare.

These are just a few of the steps you might take. Contact your professional advisor for help in implementing these or other year-end planning strategies that might be suitable to your particular situation.

 
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YEAR-END TAX PLANNING IDEAS FOR BUSINESSES
 

Here are some suggested tax moves—to be taken no later than Dec. 31, 2005 for businesses on the calendar year —that may save businesses income tax:

Purchase New Business Equipment


Expensing. Businesses can elect to expense (deduct immediately) the cost of most new equipment up to a fixed amount. For 2005, expensing is allowed up to $105,000 (subject to a dollar-for-dollar reduction in that $ 105,000 for such purchases over $420,000). To get the benefit for a tax year beginning in 2005, the equipment should be put into use before the end of that tax year.

Timing. If you intend to purchase business equipment this year, the proper timing of purchases might, in some cases, actually increase the tax benefit you gain from depreciation of that equipment. Here’s a simplified explanation:

Conventions. The tax rules for depreciation include "conventions" (rules) for determining how many months’ worth of depreciation you can claim in the year you first place property in service. The conventions that come into play with equipment are (1) the half-year convention (the general rule, which you must use for all equipment if the mid-quarter convention doesn’t kick in) and (2) the mid-quarter convention, which kicks in and must be applied to all property placed in service during the year if more than 40% of the cost of all property placed in service during a year is placed in service during the last quarter of the year.

The half-year convention.
When the half-year convention applies, all property that you begin using during the year is treated as placed in service at the midpoint of the year. This means that no matter when you begin using the property, you treat it as if you began its use in the middle of the year.


Example:
You buy a $40,000 piece of machinery on December 15. If the half-year convention applies, you get one-half year’s worth of depreciation on that machine.


The mid-quarter convention. The mid-quarter convention must be used if the cost of equipment placed in service during the last three months of the tax year is more than 40% of the total cost of all property placed in service for the entire year. If the mid-quarter convention applies, the half-year rule is out the window, and you treat all equipment placed in service during the year as if it were placed in service at the midpoint of the quarter in which you began using it.


Example: You buy a $40,000 piece of machinery on December 15. If the mid-quarter convention applies, you get 45 days’ worth of depreciation—not a half-year’s worth, as with the half-year convention.


TIP:
Don’t neglect to bring any planned equipment purchases to the attention of your tax adviser. A careful examination of the timing of planned equipment purchases will allow you to take full advantage of these tax rules.


Caution: Consider postponing 2005 outlays for alternative-powered vehicles (qualifying for tax credit in 2006) and for energy-efficient lighting, heating, etc. in commercial buildings (qualifying for a special deduction in 2006).

 
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Other Year-End Moves
 

Income Delay or Acceleration. Depending on whether it’s better for you, tax-wise, to delay or accelerate income, you can decide to bill clients or customers sooner (before year-end) or later (after the year-end) to accomplish your tax planning goals.

Partnership or S Corporation Basis.
Partners or S corporation shareholders in entities that have a loss for 2005 can deduct that loss only up to their basis in the entity. However, they can take steps to increase their basis to allow a larger deduction. Basis in the entity can be increased by lending the entity money or making a capital contribution by the end of the entity’s tax year.

Caution: Remember that by increasing basis you’re putting more of your funds at risk. Consider whether the loss signals further troubles ahead.


Retirement Plans.
Self-employeds who have not yet done so should set up self-employed retirement plans before the end of their individual tax year 2005.

Dividend Planning. Dividends you cause your corporation to pay qualify for the reduced 15% (or 5%) rate in the hands of stockholders, including you as a stockholder. Such a dividend may reduce the risk of a tax on accumulated corporate earnings or an IRS claim that compensation to company executives was excessive and so partly nondeductible.

Budgets. Although the need for a business budget may seem obvious, many companies overlook this critical business planning tool. Therefore, a brief reminder may be in order at year-end. A budget is extremely effective in making sure a business has adequate cash flow—and, thus, in ensuring a business’s financial success. That’s why every business, from the smallest to the largest, should have a budget. Once the budget has been made up, then monthly actual revenue amounts can be compared to monthly budgeted amounts. If actual revenues fall short of budgeted revenues, expenses must generally be cut.

TIP: Each year-end, business owners should get together with their accountants and budget (project) revenues and expenses for the coming year. Amounts can be broken down to cover monthly or even weekly periods, depending on the business’s needs.

 
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This newsletter is intended to provide generalized information that is appropriate in certain situations. However, because of the complexities of the applicable laws and regulations and the continuing developments in these areas, the contents of this newsletter should not be acted upon without specific professional guidance.