Monday, April 8, 2013

Tax Question & Answer : Home Offices And Capital Improvements

Kelly Phillips Erb "the tax girl" for Forbes writes: Taxpayer asks:  I’m confused.  Both my wife and I have home offices, each using about 5% of the total home square footage. Last year, we replaced the both the hot water heater and the washer/drier.
For the hot water heater, I think it’s very clear, that improvement directly impacts our home office use, so I have no issues with claiming deductions for those costs. I work from home 40+ hrs/wk and expect to be able to wash my hands after using the bathroom.
However, we also replaced the washer & dryer, at a cost of $2k+. My first thought is that this is unrelated to our respective businesses; this is really for personal use. I mean, whether or not I had a home office, I am not allowed to deduct expenses for dry-cleaning my suit, right? So why should I be able to deduct my new washer/dryer (or 10% of it in my case) ?? Yet this is clearly a ‘capital improvement’ on the whole house. But is it deductible since it’s a capital improvement on the home?
Taxgirl answers:
This is a great question! You hit a number of points.
It’s true that when figuring the amount you can deduct for the business use of your home, you can include expenses attributable solely to the portion of the home used in your business. So, for example, if you install a separate entrance for your clients, that would be fully deductible as a business expense.
You’re also right that the amount you can deduct for expenses attributable to the whole house depends on the percentage of your home used for business. In your case, you figure 5% for each of you and your wife, for a total of 10%. You would apply this percentage (10%) to the total of each expense, including real estate taxes, mortgage interest, rent, casualty losses, utilities, insurance, depreciation, maintenance and repairs. You may not deduct expenses for lawn care in general or for painting a room not used for business.
You can also deduct, as you pointed out, the pro-rated cost of certain capital improvements. But the confusion seems to be what that means. The IRS likes to use the term “permanent improvement” as their description.
What you’ve described – adding a washer & dryer – is a personal expense and not a capital improvement. It doesn’t permanently improve the home. I like to explain it like this: you can only deduct things you cannot (or would not) remove from the house. That would include electric wiring or plumbing, a new roof, an addition, or paneling. That would also include the hot water heater. It wouldn’t include the washer & the dryer because you can take those out pretty easily. It also wouldn’t include a new fridge, furniture and the like. Those remain personal expenses and are only deductible if restricted to business use.
I hope that clears up the confusion.
Posted on 7:26 AM | Categories:

Strategies to Tame the Tax Beast / 5 hypothetical scenarios to illustrate managing taxes with tax-advantaged IRAs and Annuities

USAA writes: Two new federal laws promise to have an effect on your income tax bill in 2013 and beyond.  Health care reform and the "fiscal cliff" resolution mean new and higher taxes on the wealthiest Americans, extended tax relief for others, but higher payroll taxes for all wage earners.  To help understand how these laws may affect you, we created five hypothetical scenarios to illustrate how USAA members could more effectively direct money and manage taxes. The scenarios may not match your situation, but they should provide ideas on how you may be able to work toward your financial goals. It's also important to note that the suggestions listed for each member are not the only changes they should consider making but are important in light of the recent tax law changes. USAA representatives can assist with your financial situation,  visit us online at usaa.com/advice.

Single in the Military

Sarah: She's a 24-year-old petty officer third class.
Salary: $35,000.
Assets: Checking and savings, $1,000; TSP, $2,000.
Liabilities: Car loan, $9,000; Credit cards, $4,000
In 2012, Sarah began noticing she consistently used savings and credit cards to help her pay monthly bills, purchase necessities and travel home to St. Louis to visit friends. In 2013, Sarah wants to better understand where she spends her money and to establish a budget that injects more discipline into her finances. Sarah's time away from home due to deployments and training diminishes her ability to consistently focus on her finances. She saves 6% of her salary in the TSP.

Strategies that could address concerns and manage taxes

  • Create a budget. Creating and adhering to a budget will help Sarah not only understand where her money is spent but also help her manage future spending. This will eventually allow Sarah to own more than she owes as she begins to carry less debt.
  • Adjust her spending. The new laws didn't extend the payroll tax holiday. Social Security taxes have increased from 4.2% back to 6.2% for all U.S. workers. This means Sarah will need to adjust her spending to account for a $700 reduction in annual pay.
  • Have an adequate emergency fund.Using credit cards to pay for emergencies creates a false sense of financial security. Sarah should implement a plan for saving six months of living expenses. She could consider a savings account, short-term CD or other liquid investment for these assets. She can useUSAA's Goal Planning Tool to set up and track her emergency fund goals.
  • Consider saving for retirement in a Roth. Sarah's low tax bracket wasn't affected by the recent law changes. This means the current tax savings associated with her 6% pretax contribution to her TSP is minimal, so changing to Roth TSP contributions could make sense. With the Roth TSP, Sarah wouldn't get a current-year tax deduction but has the potential to access her contributions and earnings tax-free at retirement. Since the TSP doesn't provide her with a matching contribution, she also has the alternative of opening a Roth IRA, which provides more investment choices and access than the Roth TSP. To ensure appropriate asset allocation and management in context of her retirement date, she could consider investing Roth IRA contributions in a target retirement fund matching her risk tolerance.

Young, Married and in the Military

Nate and Kate: He's a 30-year-old military medic; she's a 27-year-old retail manager.
Combined salaries: $85,000.
Assets: Savings, $45,000; Nate's TSP, $2,000, pretax contributions.
Liabilities: Student loans, $20,000; credit cards, $3,000.
Financial concerns: Saving for a new home, investing for retirement and paying off debt.
Both agree they need a more disciplined approach toward finances and a plan to address their goals. They've been saving what they can in bank accounts plus 10% of Nate's salary in his TSP. Nate just returned from Afghanistan and deposited an additional $15,000 into their savings account. Kate has not saved anything for retirement.

Strategies that could address concerns and manage taxes

  • Adjust their budget. The new laws didn't extend the payroll tax holiday. Social Security taxes have increased from 4.2% back to 6.2%. This means Nate and Kate will need to adjust their spending to account for a $1,700 reduction in annual pay.
  • Pay off debt. They should consider paying off their credit card balance if it has a high interest rate, and making additional payments toward Kate's student loan. They can continue to deduct up to $2,500 in interest from Kate's student loan based on their joint income level.
  • Consider investing with an eye on taxes. The tax law changes did not change Nate and Kate's tax bracket, and while the act increases taxes on capital gains and dividends from 15% to 20% for some taxpayers, Nate and Kate are not affected. To reduce current taxes and address their retirement planning concerns, Nate could increase his TSP contribution. If future taxes are more of a concern, Roth TSP or Roth IRA contributions could be considered.

Married with Children

Jim and Stacey: He's a 37-year-old occupational therapist technician, and she's a 35-year-old marketing specialist.
Children: Ages 8 and 4.
Combined salaries: $150,000.
Assets: Savings, $81,000; Jim's 401(k), $20,000 (target retirement fund and cash); Stacey's 401(k), $30,000 (target retirement fund and cash accounts).
Liabilities: Credit card, $10,000; car loan, $20,000.
Financial concerns: Potential stock market declines, appropriate retirement account allocation, saving for college and saving for a new home.
Currently, 50% of their 401(k) is in a target fund and 50% is in cash. They intend to return to U.S. equities once they feel that the political and economic environment improves. Before 2008, they owned a few stocks and mutual funds they had self-selected, but sold them after the markets plummeted and moved the money into savings. Additionally, the new tax laws have made them uneasy and in need of another opinion.
Help Protect Your Financial Security
USAA believes members must address six key areas on the path to financial security.
  1. Protect your life, loved ones and possessions. Having adequate insuranceis essential.
  2. Spend less than you earn. A budget can help you with this goal.
  3. Create an emergency fund.
  4. Save now for your retirement.
  5. Prepare your will.
  6. Build your financial plan and update it annually and with significant changes in life.

Strategies that could address concerns and manage taxes

  • Take advantage of child-care deductions and child tax credits.Depending upon their income and child-care expenses, they could qualify for a tax credit of up to 35% of these expenses. These laws were continued as part of the recent tax legislation.
  • Consider opening a 529 college savings account. They can open and fund a 529 college savings plan for their children. These accounts can be opened for as little as $50, and investment choices include age-based portfolios that update automatically to a lower risk mix as the children get closer to college.
  • Consider investing the cash in their 401(k) retirement account. Their retirement accounts shouldn't be accessed for at least 30 years. This means the short-term volatility associated with a diversified portfolio should not serve as the benchmark for investing success. Their 401(k) investment should be part of a sound retirement plan that takes into account their goals, investment objectives and risk tolerance. USAA offers free retirement advice for members, either through an advisor or at usaa.com/retirement.

The Financially Secure Couple

Tom and Jennifer: He's a 45-year-old petroleum engineer; she's a 40-year-old college professor.
Combined salaries and income: $325,000 (includes Tom and Jennifer's salaries plus investment income).
Assets: Savings, $50,000; Tom's Roth 401(k), $200,000 (bond fund and cash); Tom's IRA, $200,000 (target fund and cash accounts); Jennifer's 401(k), $100,000 (money market, international fund and a bond fund).
Liabilities: None.
Financial concerns: Convinced a market crash is coming.
From September 2008 to March 2009, they watched the financial markets and their accounts drop by more than 47% before reluctantly recognizing their losses and reinvesting in money markets and bond funds. Now, the new tax laws, 3 1/2 years of high unemployment, a still-declining housing market and looming debt-ceiling discussions have them convinced another severe market downturn is inevitable. Given this, they want to continue their "wait-and-see" approach with their retirement portfolio.

Strategies that could address concerns and manage taxes

  • Consider reallocating 401(k) and IRA accounts into diversified portfolios. Their retirement accounts won't be accessed for at least 20 years. Short-term volatility associated with a diversified portfolio should not serve as the benchmark for investing success. Their 401(k) and IRA investments should be part of a sound retirement plan that takes into account their goals, investment objectives and risk tolerance.
  • If eligible, consider contributing more to their 401(k) accounts. Maximizing the contributions can reduce their taxable income and potentially lessen the impact of the 3.8% Medicare surtax. In tax year 2013, they both can fund their 401(k) accounts up to $17,500.
  • If Tom's 401(k) plan allows, consider a 401(k) Roth conversion. Tom and Jennifer's income disqualifies them from funding Roth IRA accounts. Still, Tom can transfer his pretax and company matching contributions into a designated Roth account within the same plan. He'll have to pay federal income taxes on the amount converted, but qualified distributions from the Roth account in the future will be potentially tax-free income. In addition, the 10% early distribution penalty doesn't apply to amounts converted. This new law also applies to 403(b) and 457(b) plans that allow Roth contributions.
  • Develop an ongoing plan with a tax and financial advisor. By working with these professionals, Tom and Jennifer may learn they haven't incurred any capital gains. Any capital gains incurred in 2013 will be taxed at 15% and not 20% as long as their income remains less than $450,000. Tom and Jennifer would have also learned their exposure to the 3.8% Medicare surtax was minimal despite their income exceeding $250,000. Coordination by their financial team may help them invest with tax efficiency.

The Well-off Widower

Dr. Mark Atkinson: A 73-year-old private-practice physician and retired U.S. Air Force Reserve lieutenant colonel.
Mark's salary and income: $570,000 (includes salary, military retirement pay, Social Security, retirement account required minimum distributions and net investment income).
Net worth: $4.5 million.
Assets:
  • Primary residence: $600,000.
  • Savings account: $300,000.
  • Traditional IRA: $800,000 ($400,000 in index funds and $400,000 in cash).
  • 401(k) plan: $800,000 ($640,000 in stock mutual funds and $160,000 in cash).
  • Taxable brokerage account: $2 million ($1.3 million in taxable bonds, $700,000 in cash accounts.).
Financial concerns: Thinks he no longer needs to take risks with his investments but isn't sure.
Mark feels he mostly "dodged a bullet" during the recent recession because when it hit, he had his 401(k), IRA and taxable brokerage accounts invested in a diversified portfolio with a large amount in cash accounts. He feels somewhat relieved he has recovered some of the value temporarily destroyed by the "Great Recession," but he is concerned that another severe market downturn could jeopardize his wealth.

Strategies that could address concerns and manage taxes

  • Invest cash in retirement accounts. Mark has $560,000 in cash and cash equivalents within his tax-deferred retirement accounts. The new laws mean higher taxes on income, dividends and capital gains for Mark. Depending on his objectives and risk tolerance, he could allocate the cash in his retirement plans to investments that generate income and dividends. These investments would generally be taxed at higher rates in nonretirement accounts and, in light of the new tax laws, might be better positioned in tax-deferred accounts. Examples include taxable bond funds and dividend-paying stock funds.
  • Consider repositioning to tax-exempt municipal bonds to help minimize taxes. Making a change to tax-exempt bonds could reduce net investment income and minimize exposure to the 3.8% Medicare surtax. While municipals may not repeat their 2012 performance, USAA feels that municipal securities still present attractive values relative to many fixed-income alternatives.
  • Consider investing in a professional managed account. Mark is a busy physician and previously has kept a large amount of assets in cash because of his constraints on time, desire and expertise.
  • Regularly consult with his tax advisor and wealth manager. Coordination with his financial team will help Mark invest appropriately with tax efficiency. His advisors can develop a plan for managing income, which is taxed at both the highest tax rate of 39.6% and the 3.8% Medicare surtax, as well as a plan for capital gains, which are taxed at 20%. In addition, this team can help Mark develop a legacy plan for family and charities, in light of the tax law's increase in estate taxes from 35% to 40%.
Posted on 7:26 AM | Categories:

Be aware of these new taxes related to the Affordable Care Act

Holly Nicholson for the Newsobserver.com writes:  Q. I have some appreciated assets and one of my favorite charities suggested I donate them and fund a charitable remainder unitrust. They said this is a terrific way to avoid the capital gains tax and all of the other new taxes related to the Patient Protection and Affordable Care Act (PPACA). I’ve donated appreciated property to charity in prior years and taken the full fair market value as a deduction, but this sounds a lot more complicated. Can you please explain the new taxes related to the PPACA, how these trusts relate to them and provide an opinion on the value of these trusts?

Answer. The charity is referring to the two new Medicare taxes. Beginning this year there will be a net investment income tax and an additional Medicare tax on those with modified adjusted gross income (MAGI) income above certain thresholds. Typically, MAGI is the same as a taxpayer’s regular adjusted gross income (AGI). Certain items excluded from your AGI such as foreign income and student loan deductions will be added back to determine your MAGI. The MAGI thresholds for these new taxes are $200,000 for singles and head of household filers, $250,000 if married filing jointly and $125,000 for those married filing separately. If your MAGI is at or above these thresholds a meeting with your tax professional may be prudent. The following is a brief explanation of these new taxes.

The Medicare tax will be an additional 0.9 percent on any earned income above $200,000. An employer will be required to withhold an additional 0.9 percent on income above $200,000, but they will not have to match this additional tax. The thresholds above still apply, but some married couples under or over these amounts may be surprised when they file their 2013 taxes. If one spouse earns $201,000 and the other earns $40,000 they will be under the $250,000 threshold, but the employer will still be required to withhold the 0.9 percent from the employee earning $201,000. A couple in this situation will need to file for a credit on their 2013 return. 

Alternatively, if both spouses earn $150,000 they will be over the $250,000 threshold, but neither employer will withhold the 0.9 percent Medicare tax. When this couple files they will owe the additional tax on $50,000, the amount above the threshold. If you are in this situation you may want to make estimated payments or increase your withholding allowance.
The net investment income tax is a 3.8 percent surtax on unearned income. Unearned income subject to the tax includes: taxable interest, dividends, rent, taxable annuity payments, royalties, net capital gains, passive activity income and income from investments. There are exclusions, such as being actively engaged in the trade or business generating sources of unearned income.

If you are in a high tax bracket and are charitably inclined, donating the appreciated property to a Charitable Remainder Unitrust (CRUT) may be a fine idea. The property is placed in a CRUT and then sold without having to pay any capital gains tax. The proceeds are invested in other investments and you would receive an income for your life based on a percentage of assets in the trust. The trust is revalued every year and if the value increases your income will increase. Upon your death, the remainder in the trust will pass without taxes or probate to the non-profit organization. You would also be able to take a charitable tax deduction for your donation to the trust. This is a very simple explanation of a complex topic so you need to work with an attorney or financial advisor that has experience with these types of trusts. Be sure and ask about set-up, administration and investment fees and expenses that would impact the value of this type of trust to you.

Read more here: http://www.newsobserver.com/2013/04/07/2808378/be-aware-of-these-new-taxes-related.html#storylink=cpy


Read more here: http://www.newsobserver.com/2013/04/07/2808378/be-aware-of-these-new-taxes-related.html#storylink=cpy
Posted on 7:25 AM | Categories:

Tax-time Strategies for 20- And 30-Somethings

Hal M. Bundrick for MainStreet.com writes: Remember your first paycheck? How surprised you were at all the taxes that came out of your pay? And then, when you had to start filing taxes, somehow you got a refund! What the what? Money back? You started looking forward to filing your taxes, didn’t you? You did the little “I’m gonna get a tax refund check” dance, didn’t you? And then you made more money, kept filing the short form, and within a few years…no refund. In fact, you owed money to the IRS! 


Welcome to the Other Side.
Just like the rest of us, Millennials worry about taxes.
“The thing that I am most worried about when it comes to taxes is how much more I going to have to pay each year,” says Elizabeth Samolis, a student in Maryland and graphic artist for 20Something Magazine. “I have always paid my taxes and on time, but my taxes just keep going up. And for what? As my taxes continue to rise, we hear more and more about billion dollar corporations paying zero taxes and getting a refund. What is fair about that?”
Oliver Gray is another Gen-Yer who worries about taxes.
“From personal experience, a lot of my friends seem really concerned about filing incorrectly and getting in trouble -- or even audited,” says Gray, 27, a contract employee working with the U.S. Treasury. “Taxes seem pretty overwhelming before you get acclimatized to all the little boxes on all those forms, and I think a lot of young people quit before they begin. They just throw some money at TurboTax or H&R Block and hope the problem fixes itself.”
The good news: most Gen Y filers don’t have to worry about math mistakes or getting audited by the IRS. Maybe your parents have to sweat the possibility of an IRS call, but you – not so much.
“The IRS routinely sends out notices for math corrections and omitted items,” says Tim Abbott, a CPA in Lombard, Illinois. “This is much more common than people realize, and it rarely triggers an audit. The biggest factor in being selected for examination by far is still a taxpayer’s adjusted gross income. Those earning more than $200,000 a year have a substantially higher chance of being audited than those earning $1 to $200,000.”
Finally, a benefit to being broke.
So, what should 20-30 somethings be concerned with when it comes to taxes?
"One of the biggest issues I've encountered in dealing with Millennials relates to tax withholding,” says Abbott. “It's very common for Millennials to have multiple jobs. Frequently they assume that if they have three jobs and are paid as an employee at each job, their employers will withhold the proper amount of tax. What they don't realize is that each employer will withhold the proper amount of tax for that job. The employee needs to be aware that they need to carefully review their income and withholding in aggregate -- either on their own or with a tax advisor -- to ensure there are no surprises at the end of each year."
This issue seems to be increasing more and more as it is much more common for Millennials to have several jobs, instead of the one job that previous generations have had.
According to our experts, here are the five biggest tax breaks Gen Y filers might be missing:
  • Deduct charitable contributions: Millennials are known for their benevolent world-view: volunteering at a local soup kitchen, or helping out now and then with Habitat for Humanity. You can write-off out-of-pocket expenses related to your charity work – and even small amounts add up. “For those who are able to itemize deductions, charitable contribution tracking is one item that is overlooked by Gen Y,” says Mary Beth Storjohann, a Certified Financial Planner – and Millennial -- in San Diego. “If they’re donating cash, clothing, or any other type of possessions, receipts and proof of donations should be kept in a file or stored online in order to reference for tax deductions.” If your contribution totals more than $250 to one organization, you'll need an acknowledgement from the charity documenting your donation. Vehicle expenses count, too. You can deduct 14 cents per mile, plus parking and tolls paid in your charitable travels.

  • Deduct job-search expenses: “If you’re spending money in a search for a new job in the same occupation that you have now and the total cost of your expenses exceeds 2% of your Adjusted Gross Income, you may be able to deduct the amount that exceeds the 2% limit,” adds Storjohann. “This means you should keep track of what you pay for employment agency fees, resume preparation and mailing, phone calls, and in some cases, travel and transportation expenses.” And you can take this deduction even if you didn't land a new job. Think Adjusted Gross Income is just plain gross? Find a qualified tax advisor for help.

  • Deduct student loans: Here’s a tax deduction you can take for something you don’t even pay for. If your parents help out with your student loans, the IRS treats the money as if it was given to you, and then you made the payment. If they don’t claim you as a dependent, you can deduct up to $2,500 of student-loan interest paid by your parents. And you don’t even have to itemize to claim this deduction.

  • Take advantage of married life: “If you’re newly married, moving expenses of one spouse into another's home are generally not tax deductible, but if both parties are forced to move because of a new job, then moving expenses are deductible,” advises John-Paul Valdez, a financial expert in Palm Springs, Calif. and contributor to the advice website Pearl.com.“Keep in mind that you are "married" for income tax purposes even if you were married as late as Dec 31, 2012,” adds Valdez. “Going the married--filing-jointly route is to your benefit. Filing jointly means that you will be able to claim several credits, including the earned income credit, household/dependent care expense credit, adoption assistant credit and more.”

  • File a return! “The biggest mistake any taxpayer, Gen Y or not, can make is not filing a return when they are required to file a return,” Tim Abbot warns. So, fire up the coffee pot and get to work. April 15 is around the corner.
Posted on 7:25 AM | Categories:

Why I Choose Software Over A Human For Investment Advice

Joe Stein for Forbes writes:  We have conversations with software all the time. We ask our navigation systems for driving routes, we ask Hipmunk for recommendations on the next vacation, we ask Amazon to find us the best bargain, and we ask Siri anything we like.
Software that gives us advice is nothing surprising. So why shouldn’t we expect to use advice software for our investments? Sometimes I hear the opinion that human advisors would better manage my investments. And I can see why some people might prefer that interaction. But I prefer to get my advice from software over a human advisor.
Software doesn’t sleep, go on vacation, or retire. It doesn’t get scared by a volatile period or chase the latest trend. And it doesn’t have conflicts of interest. The explicitness of technology makes it more transparent and fair (for software to give conflicted advice, that conflict would have to be coded explicitly, which would be intentional, traceable, and probably illegal).
Of course, software is written by humans, who can still make typos or worse, mistakes of judgment, but it has typically been refined, tested, and proven over time. It’s resilient, well documented, and easily supervised.
Software can provide advice in real time, when you’re most likely to be reviewing your finances, rather than during business hours, or when it most suits the advisor. Software doesn’t seek a promotion or a raise. It simply continues on its coded path regardless of external events. Software can combine the advice of several minds into one. Software is also more likely to create the investment recommendations appropriate for you personally, rather than what is simply familiar to its experience.
Smart, reliable, and user-friendly technology that’s customized to the consumer is the new normal. As the founder of an online investment advice service, Betterment, I’m often questioned on whether ALL our financial conversations will someday be with technology: “Will investment advisors go the way of travel agents, door-to-door salesman, or paper boys?” people ask.
I don’t know. It’s possible that computer-generated investment advice is only a personal preference – that some people will always prefer human advisors. And it’s clear that technology doesn’t cover every conceivable personal situation, not yet anyway. Tax advice and estate planning are two examples of financial advice where an advisor or planner can add real value.
But if we want to be able to offer everyone an efficient way to access great investment advice, then a computer-based model is really the only way this can be achieved. It’s efficient, scalable, and affordable. After all, an algorithm has no need to generate income to support itself and its dependents.
While some people may always want the human touch, I prefer advice and management without having to deal with a human advisor. I like the reliability, the accessibility, and to me, the best advice comes from well-built software. (And I think most good advisors would agree – they use software to make their recommendations, too.)
Posted on 7:24 AM | Categories:

Mandatory vs. Voluntary Payroll Deductions

Michael Marz for Demand Media writes: If you work as an employee as opposed to being self-employed, you're probably well aware that you get paid less than your gross salary because of the payroll deductions your employer must make. Some of these deductions are mandatory, meaning the law requires your employer to withhold some of your wages, while others are voluntary. But despite the fact you can't eliminate the mandatory payroll deductions entirely, you may be able to reduce the amount withheld for some of them.


MANDATORY: INCOME TAXES

Federal, state and local income tax withholding makes up the most substantial payroll deduction for many employees. Your employer can face severe penalties for not withholding part of your salary for income taxes, but you can reduce the amount of each deduction by adjusting your W-4. Employers use the information you provide on the form to calculate the appropriate amount to withhold. Generally, by increasing the number of allowances you claim, your employer will start withholding less tax from your wages. However, claiming too many allowances without a basis for it, such as not planning to take the credits or deductions listed on the W-4 that warrant an allowance increase, can cause you to underpay your income taxes. And if the underpayment is substantial, you may end up owing money to the IRS and other tax agencies with your tax return or even have to pay estimated tax penalties on top of it.

MANDATORY: FICA

The Federal Insurance Contribution Act, more commonly known as FICA, requires your employer to withhold a fixed percentage of your salary to cover the contributions you must make to Social Security and Medicare. These mandatory employment taxes are one of the payroll deductions that you'll just have to live with since there's no way to adjust the amounts withheld. As of this writing, the federal government imposes a 6.2 percent Social Security tax on a portion of your annual salary and a 1.45 percent Medicare tax on your entire salary.

MANDATORY: WAGE GARNISHMENTS

If any of your creditors obtain a court judgment against you for unpaid debts, most states allow them to collect on it through wage garnishments. However, the percentage of your salary they can force your employer to deduct depends on the laws of your jurisdiction. Your wages can also be garnished for other types of debts like unpaid child support obligations, back taxes owed to the IRS, a state or local government and for any other legally enforceable debt.

VOLUNTARY: RETIREMENT & INSURANCE

Many payroll deductions are voluntary, meaning you can have your employer reduce or eliminate them, and tend to cover payments for a number of employment related benefits. These include the contributions you make to tax-deferred retirement plans, pre-tax commuter benefits, group health insurance premiums and payments to your employer for products or services they provide you with.
Posted on 7:24 AM | Categories:

Americans in Canada can face complex tax situation

Terry McBride for the StarPheonix writes: The April 15 filing deadline for U.S. tax returns is a stressful time for Americans living in Canada. 

Citizenship-based taxation 

The United States imposes taxes based on citizenship. Most other countries, including Canada, have residence-based taxation systems.

About 1 million Canadian residents are "U.S. persons" who are required by U.S. law to file U.S. tax returns as well as Canadian tax returns. The definition of a U.S. person includes those born in the U.S., children of American-born parents and green card holders.

Fortunately, the Canada-U.S. tax treaty has provisions to help ensure that Americans in Canada are not taxed twice on the same income. Because Canadian tax rates are generally higher than U.S. tax rates, an American who files a return in Canada, and pays Canadian taxes on Canadian income, usually owes no U.S. tax.

The problem is not in-come tax. The problems are the punitive IRS penalties and criminal prosecution threats for failure to complete the many required annual information returns.

Renouncing U.S. citizenship

For those who do not plan to return to live in the U.S., these extremely high penalties for not filing annual forms are encouraging U.S. persons in Canada to find out how to relinquish their U.S. citizenship. Websites explain the process, but it is prudent to consult a tax lawyer to avoid becoming subject to U.S. exit tax.

Foreign trusts
Investment income inside TFSAs, RESPs and RDSPs is nicely sheltered from Canadian tax. However, it becomes taxable as foreign trust income in the U.S. when Americans file U.S. tax returns. Furthermore, an American in Canada must report TFSA, RESP and RDSP transactions on annual foreign trust reporting forms 3520 and 3520A each year.

Exchange rate issue

What if you invested $10,000 US in a U.S. stock a decade ago when the currency exchange rate was $1.50? Suppose you sold your U.S. stock for $15,000 US when the Canadian and U.S. dollars were at par. Your Canadian income tax return would show no capital gain. But, if you file a U.S. tax return, you'd report a $5,000 capital gain because the cost and sales proceeds must both be expressed in U.S. dollars.

Report foreign accounts

The IRS wants to know about any "offshore" financial account held that had a balance of $10,000 US or more at any time during the year.

Every June, an American living in Canada must report the balances of these financial accounts on a Foreign Bank Account Reporting (FBAR) form. You must list retirement accounts and ordinary savings accounts that are used for day-to-day spending - even though these accounts have nothing to do with offshore tax evasion.

As a result of these reporting rules, many Americans married to Canadians are taking their names off joint accounts, thus not allowing them to avoid probate costs when one spouse dies.

FATCA

In 2010, the U.S. government passed the U.S. Foreign Account Tax and Compliance Act (FATCA) to force foreign bankers to disclose the names of their American customers.
In 2014 there will be a harsh 30-per-cent penalty charged on all cash flows coming from U.S. sources, if the Canadian financial institution does not give the names of their customers who are "U.S. persons" to the IRS.  Because of FATCA, Americans living abroad must file a new form 8938 with their U.S. income tax returns.

It is no wonder that expatriate Americans around the world are experiencing difficulty in opening bank accounts when they state that they are U.S. persons.
Posted on 7:24 AM | Categories:

Get Those Required Withdrawals Right / At 70½, rules for minimum distributions from retirement plans kick in. Here's how to avoid penalties as the IRS scrutinizes IRAs

Georgette Jasen for the Wall St. Journal writes: Millions of Americans know the advantages of putting money into tax-deferred retirement savings, such as 401(k) plans and individual retirement accounts. And many know that the government will get its share eventually. Withdrawals are generally taxable—and a minimum payout is required each year once you hit age 70½.


"It's how the government gets tax revenue from accounts that are tax-deferred," says Jean Setzfand, AARP's vice president of financial security.
But details of the rules on required minimum distributions, or RMDs? That's another story. The rules can be complicated, depending on the type of plan or account.
The Internal Revenue Service is gearing up to increase scrutiny of IRA errors, including inadequate withdrawals. And the cost of getting it wrong is high: a 50% tax on the difference between what you should have withdrawn and what you actually did, if anything.
If you're getting close to age 70½, or just thinking about retirement, here are some things you need to know.
How will I know how much I have to withdraw?
Banks, brokerage firms and mutual-fund companies typically notify account owners in January of the amount they must withdraw that year, based on Internal Revenue Service tables. The minimum payout is generally calculated by dividing what is in an account at the end of the previous year by a "distribution period" based on the account owner's projected life span. For example, someone who is 75 years old with $200,000 in a 401(k) account at the end of 2012 would be required to withdraw at least $8,734 this year ($200,000 divided by 22.9), but a 93-year-old with an account balance of $200,000 would have to take a payout of $20,833 ($200,000 divided by 9.6).
The amount may be calculated differently in certain situations, such as when your spouse is more than 10 years younger than you are, which can reduce the required withdrawal. The tables are in IRS Publication 590.
Note that if you are still working and participating in a 401(k) on the job, you generally aren't required to take withdrawals from that one. Another complexity: While Roth IRAs, which are funded with after-tax money, aren't subject to RMD rules, Roth 401(k) accounts are (although those withdrawals generally aren't taxable).
What happens if I have multiple accounts?
If you have several IRAs—or IRA-based accounts, such as a SEP, or simplified employee pension—the minimum distribution should be calculated from each one, but you can take the total payout from just one account or several as long as it meets the minimum required. And 403(b) plans usually are treated like IRAs for the purpose of required distributions.
But if you have more than one 401(k)—if you left money in previous employers' plans, for example—you must take a separate minimum distribution from each. If an account is invested in several mutual funds, you can choose which fund to withdraw from.
One way to avoid having to deal with multiple old 401(k) accounts is to roll them over into an IRA or into your current 401(k) if you are still employed and the plan permits such rollovers.
When can I get the money?
As long as the total adds up to at least the required minimum for the year, you can take the payouts as frequently or infrequently as you like, beginning the year you turn 70½ and each year thereafter.
There's an extra wrinkle for that first year: If you want, rather than take your first RMD the year you reach 70½, you can postpone it until April 1 of the following year. If you reach 70½ this year, for instance, you could delay your 2013 withdrawal to early 2014. But you would also have to take your 2014 distribution in 2014, making two distributions in one year and increasing your taxable income, which could push you into a higher tax bracket. You might want to consult a tax adviser if you are considering delaying the first payout.
"It gets very confusing," says Donna Norwood, senior vice president in Fidelity Investments' defined-contribution product management group. Fidelity, like many other companies, sends information to account owners in the year before they have to start taking distributions and provides assistance on its website and by phone.
Mutual-fund companies and other fiduciaries often permit account holders to set up automatic payouts—monthly, quarterly or annually—and you usually can arrange to have taxes withheld.
Distributions are reported as income on your annual tax return. While nothing on the return requires proof that you met the required minimum, you should keep records to support what you have reported in case of an audit. There are work sheets in the back of Publication 590 that may be helpful.
What if I don't need the cash to live on?
If you are still working and covered by a 401(k) on the job, you can avoid RMDs on older 401(k)s by rolling the balances into your current plan, if it allows rollovers. But you cannot roll RMDs into another tax-deferred account. You also can't roll RMDs into a Roth IRA, although if you have earned income that falls within the limits set by the IRS, you can still make an after-tax contribution to a Roth IRA. Converting a 401(k) or traditional IRA to a Roth IRA would eliminate the requirement of future annual distributions—but at the cost of a big tax bill for the year you make the switch.
If you err and don't take out enough cash, you can try to get the penalty waived on the grounds that you made what the IRS calls a "reasonable error" and you are taking "reasonable steps" to remedy the situation. If this applies to you, you should file Form 5329 with a letter of explanation.
For this year's required withdrawals from an IRA, you can transfer all or part, up to $100,000, to charity and avoid income tax on the amount you contribute. But this provision doesn't apply to 401(k)s, 403(b)s, SEPs or other retirement plans, just IRAs. It was part of the tax compromise legislation passed by Congress on Jan. 1, reinstating for 2012 and 2013 a provision that expired at the end of 2011.
Keep careful records, just as you do with other charitable contributions, because you have to report a qualified charitable distribution on your annual income tax return.


Posted on 7:24 AM | Categories:

Say Goodbye to the 4% Rule If the conventional wisdom no longer holds about spending in retirement, what are the alternatives? Here are 3 of them. / Throw Out the 4% Rule for Retirement? Readers Have Some Questions.

Kelly Greene for the Wall St. Journal writes: Say Goodbye to the 4% Rule  If the conventional wisdom no longer holds about spending in retirement, what are the alternatives? Here are three of them.

Conventional wisdom says you can take 4% from your savings the first year of retirement, and then that amount plus more to account for inflation each year, without running out of money for at least three decades.

This so-called 4% rule was devised in the 1990s by California financial planner William Bengen and later refined by other retirement-planning academics. Mr. Bengen analyzed historical returns of stocks and bonds and found that portfolios with 60% of their holdings in large-company stocks and 40% in intermediate-term U.S. bonds could sustain withdrawal rates starting at 4.15%, and adjusted each year for inflation, for every 30-year span going back to 1926-55.

Well, it was beautiful while it lasted. In recent years, the 4% rule has been thrown into doubt, thanks to an unexpected hazard: the risk of a prolonged market rout the first two, or even three, years of your retirement. In other words, timing is everything. If your nest egg loses 25% of its value just as you start using it, the 4% may no longer hold, and the danger of running out of money increases.

If you had retired Jan. 1, 2000, with an initial 4% withdrawal rate and a portfolio of 55% stocks and 45% bonds rebalanced each month, with the first year's withdrawal amount increased by 3% a year for inflation, your portfolio would have fallen by a third through 2010, according to investment firm T. Rowe Price Group. And you would be left with only a 29% chance of making it through three decades, the firm estimates.

That sort of scenario has left many baby boomers who are in the midst of retiring riddled with angst. "The mind-blowing aspect of retiring is all these years you're accumulating and accumulating, and then you need to start drawing down, and you have no idea how to do that," says Al Starzyk, a 66-year-old retired printing executive in Williamsburg, Va.

So, if you can't safely withdraw at least 4% a year from a balanced portfolio of equity and bond funds, what do you do? Here are three alternative approaches that retirement specialists say may work better to ensure your money lasts as long as you do:
Use annuities instead of bonds
Pairing the most plain-vanilla type of annuity—called a single-premium immediate annuity—with stocks, retirees can generate income more safely and reliably than if they use bonds for that piece of their portfolio, says Wade Pfau, a professor who researches retirement income at the American College of Financial Services in Bryn Mawr, Pa.
To arrive at that conclusion, he plotted how 1,001 different product allocations might work for a 65-year-old married couple hoping to generate 4% annual income from their portfolio.
Using 200 Monte Carlo simulations for each product allocation, and assuming returns based on current market conditions, the winning combination turns out to be a 50/50 mix of stocks and fixed annuities, Mr. Pfau says. If inflation accelerates more than the markets now expect, inflation-adjusted annuities would become more attractive, he adds.
"There is no need for retirees to hold bonds," he says. Instead, annuities, with their promise of income for life, act like "super bonds with no maturity dates," he says.
But immediate annuities have one big drawback: The buyer loses access to his or her savings in exchange for those guaranteed payments. In other words, if you have a sudden long-term-care need or some other type of emergency, there's no way to recapture a large chunk of cash. As a result, some retirees and their advisers are using variable annuities with guaranteed income benefits instead. These annuities allow investors to withdraw more than the set annual amount in an emergency.
Mark Cortazzo, a certified financial planner in Parsippany, N.J., typically recommends that people preparing to retire figure out their basic, nondiscretionary annual expenses and use a variable annuity with guaranteed benefits to make up for whatever portion of that total won't be covered by Social Security and any pensions. That way, they can pay their bills throughout retirement and afford the risk of investing much of the rest of their savings in stock funds, he says.
"If they've got a guaranteed check that's covering their needs, it's a lot easier for them to stick it out when there's a storm coming" in the stock market, Mr. Cortazzo says.
Follow the tax man's tables
One way to manage retirement withdrawals is to use life-expectancy tables such as the one the Internal Revenue Service uses to establish required minimum withdrawals from individual retirement accounts. This works almost as well as more-sophisticated modeling done by retirement-research experts at Morningstar Inc., those experts say.
IRA distributions don't have to start until age 70½, but the IRS publishes life-expectancy numbers for earlier ages as well in Appendix C of Publication 590 at irs.gov.
Here's how it works: Using your nest-egg balance as of Dec. 31 of the previous year, you would look up your age in the IRS table and divide your account balance by the life expectancy given for that age. Let's say you saved $1 million and retired at age 62. Your life expectancy, according to the IRS, would be 23.5 years. So, you would divide $1 million by 23.5, arriving at a withdrawal amount of $42,553. If your account balance grew the following year by 5% to almost $1.01 million, you would withdraw $44,287 (the new balance divided by your 63-year-old life expectancy of 22.7 years). But if your savings shrank 5% to $909,575, you could withdraw only $40,069.
The downside is that the withdrawal amount will fluctuate. But you would have a reasonable shot of outlasting your savings, particularly for people with life expectancies of less than 25 years, says David Blanchett, Morningstar's head of retirement research.
And while your withdrawal amounts could shrink in any given year, this is a more flexible approach than one being recommended by some retirement-planning pros: lowering the initial withdrawal rate to the 2% to 3% range and then adjusting for inflation each year. With 4% a stretch for many retirees to live on, even with the help of Social Security, 2% could prove impossible. The life-expectancy approach may also result in withdrawals of less than 4% in some years—or even every year—but it doesn't call for withdrawals below 4% every year regardless of what the markets do.
Peg your withdrawals to stock valuations
If stocks are pricey when you retire, suggesting lower returns over subsequent years, you should be cautious about how much you pull out; it's clearer sailing if stocks are at bargain prices. Hence, the approach devised by Michael Kitces, research director at Pinnacle Advisory Group Inc. in Columbia, Md. He determines what he considers safe withdrawal rates by using the P/E 10 for the Standard & Poor's 500-stock index. The P/E 10 is a measure of current stock prices relative to the companies' average inflation-adjusted earnings over the past 10 years.
When using a portfolio of 60% stocks and 40% bonds, he found that three rules worked for determining an initial withdrawal rate for 30 years of retirement and adjusting withdrawals each year for inflation. Mr. Kitces says he focused on returns during the first half of a projected 30 years of retirement, because preserving your nest egg for the first 15 years means you would be in good shape for the rest.
His rules: If the P/E 10 is above 20, in which case he considers the market overvalued, you would withdraw 4.5% in the first year of retirement, adjusting that initial amount for inflation every year thereafter. If the benchmark falls between 12 and 20, where he considers the market fairly valued, the initial withdrawal would be 5%. If it's below 12, or undervalued, you can pull out 5.5% the first year. (If you aren't comfortable taking out that much, you might use lower percentages but incorporate the same approach.)
You can track the P/E 10, based on research by Robert Shiller, a professor at Yale University, at multpl.com/shiller-pe. The current number is 23.4, meaning a first-year withdrawal of $45,000 if you're starting retirement now with a $1 million nest egg.

Followed Up with Below

Kelly Greene for the Wall St. Journal writes: An article in the March Investing in Funds & ETFs report noted that some retirement-income experts are throwing out the so-called 4% rule—the conventional wisdom that you can take 4% from your savings the first year of retirement, and then that amount plus more to account for inflation every year after that, without running out of money for at least three decades.  That article laid out other approaches that might make it more likely that your nest egg will last as long as you do—including replacing the bonds in your portfolio with annuities and using life-expectancy tables to determine each year's withdrawal amount.
Here are answers to three questions that readers have asked about the 4% rule for retirement and the new approaches:
Q: When you talk about taking a 4% withdrawal from your portfolio, are dividends included in that 4%? My average dividends (not reinvested) are 2%. Does that mean it would be safe to withdraw 6% including dividends?
A: When academics are trying to figure out just how much income retirees can extract from their savings, they commonly look at what is known as the "total return" of a given investment. The total return includes dividends paid on stocks and coupon payments for bonds.
They typically assume that such income is reinvested in the portfolio—not that the retiree spends it. So, dividends paid by any stocks held in retirement accounts would be assumed to be immediately reinvested in the portfolio—not used as an additional income source.
The 4% rule would count those dividends toward the total that could be safely withdrawn.
Q: You mention inflation-adjusted annuities. What are those and how can I locate them?
A: Wade Pfau, a professor who studies retirement income at the American College of Financial Services in Bryn Mawr, Pa., recently found in his research that by pairing the most plain-vanilla type of annuity—called a single-premium immediate annuity—with stocks, retirees can generate income more safely than with bonds for the same portion of their portfolio. Inflation-adjusted annuities are nothing fancy. They are simply those basic annuities with a rider attached that provides an inflation hedge offered through such insurers as American General Life Cos. and Principal Life Insurance Co.
Of course, there's a trade-off: Adding such protection will lower the initial monthly payments.
Q: Why did you choose the life-expectancy table that the IRS uses for distributions from inherited IRAs?
A: A strategy suggested by David Blanchett, head of retirement research for Morningstar Inc., is to use a life-expectancy table, such as the one the Internal Revenue Service uses to establish required minimum withdrawals from inherited individual retirement accounts. (It's Table I in Appendix C of IRS Publication 590 atirs.gov.)
But finding the right life-expectancy estimates to use out of the hundreds of actuarial tables available is a bit like playing Goldilocks.
Mr. Blanchett said that he prefers Table I to Table III, which is used more commonly for IRA owners' retirement withdrawals, because he considers Table I to be a better, middle-of-the-road benchmark for healthy, well-educated retirees. Table I puts the life expectancy of a 70-year-old at 17 years. Table III says 27.4, which Mr. Blanchett says is too long. "If you overestimate life expectancy, you're reducing your consumption too much," he explains.
Posted on 7:23 AM | Categories: