Saturday, August 24, 2013

A Guessing Game on Taxes Owed

Paul Sullivan for the NY Times writes:  When it comes to income taxes, my wife and I try to pay exactly what we owe. And by this I mean we try to calculate what we need to pay during the year so we do not overpay. If given a choice, we would rather owe a bit more in April than find out we are getting a refund.


But for 2012, we overpaid our state and local taxes by a lot. Our accountant tried to comfort us: many of her clients did the same.
She said the negotiations at the federal level over the so-called fiscal cliff tax increases and budget cuts, which stretched into January, kept accountants from knowing who would be subject to the alternative minimum tax until just about the filing date for estimated taxes. The A.M.T., as it is known, ensures that people with a lot of deductions still pay federal tax. Those who fall into it lose various deductions, like state and local taxes and mortgage interest.
We made an estimated tax payment in January based on the worst-case situation, and when that didn’t happen, we discovered we had overpaid. But we also made the mistake of filing a paper return in New York, and the state has had huge delays in getting refunds to people who did not file electronically.
As we wait for that New York refund, I’ve thought about the increasingly confusing calculations that people who earn income from different sources — or have taxes withheld at different rates — have to make when it comes to paying estimated taxes.
“In years past, it was pretty easy to do a back-of-the-envelope calculation,” said Joshua Dubrow, a certified public accountant with Nussbaum, Yates, Berg, Klein & Wolpow. “Now with these new rules, with investment income taxes, Obamacare, the phase-out of deductions, not even the sharpest and most accurate practitioner can do a prediction. It’s more important to be on top of this and crunch the numbers.”
With the next estimated payment due on Sept. 15 — and the end-of-year reckoning not too far away — here are some things to consider and a few tips for the areas where you can have control over your tax payments.
Technology is no advantage Filing electronically usually gets you faster processing, but it is not always possible. Allison P. Shipley, principal in PricewaterhouseCooper’s Private Company Services practice, said people with complicated earnings and income had to file paper returns because their tax preparer’s e-filing software might not accept a certain form or there might be limits to the number of one form that can be submitted. She said that the Internal Revenue Service required that other forms be mailed in, like the one for noncash charitable contributions.
Those who file electronically are not guaranteed a quick refund. My accountant said a client filed his 2012 federal return electronically and included routing information to get his five-figure refund wired to his bank account. Instead he received a letter saying the return could not be processed electronically. The reason? The amount on the refund no longer matched the amount on the return. Eventually he received the refund by mail, less $7.49 for unpaid taxes from 2010.
Watch state penalties There are three ways to pay estimated taxes, and you can select a new method each quarter. You can pay in 100 or 110 percent of last year’s tax (depending on your income), pay 90 percent of this year’s tax or “annualize” your tax. With this last method, if you made $50,000 in the first quarter you would pay tax at a rate based on an annual income of $200,000. If in the second quarter you made $40,000, you would adjust your tax to an income of $180,000 and so on.
The goal is usually the same: to pay just enough to make sure you don’t get hit with a penalty. Yet some times, it makes sense to pay that penalty and hold on to the cash, said Elda Di Re, a partner in Ernst & Young’s personal financial services group. For example, when you don’t have the money to pay the tax on time or when you believe you can get a high return on the money. At 3 percent for federal taxes, she called the penalty “not a bad borrowing rate.”
But where it gets costly is with the states, who see the penalties as a revenue source. Connecticut charges 1 percent per month up to 12 percent a year. In Kansas, the penalty can go as high as 24 percent. “For that taxpayer who says ‘I don’t have the cash,’ I say, ‘How much do you have?' ” Ms. Di Re said. “Then I say, ‘Let’s get the states paid off.' ”
Mind the details If you have income coming from different states — say as a consultant, real estate investor or a person stringing together several jobs — the calculation of what to pay and when becomes trickier. You may end up owing different states because not enough or any tax was withheld, said Kim Rueben, senior fellow at the Tax Policy Center. And if you don’t keep up with those filings, you might have to make a large payment to one while awaiting a refund from another.
People who sell businesses or appreciated securities, or exercise stock options, have to be aware of timing, said Richard Coppa, managing director of Wealth Health, a financial advisory firm. If someone, for example, sold a business or thousands of shares of stock Aug. 30, he or she would owe taxes on Sept. 15. If, however, those sales went through on Sept. 3, he or she would have until Jan. 15 to make the payment.
Why this happens is a quirk in how the I.R.S. divides up the year. While it expects people to make quarterly payments, it does not divide the year into the same quarters as everyone else. Only its first quarter matches the calendar quarter. For tax purposes, the second quarter runs from April 1 to May 31, the third from June 1 to Aug. 31 and the fourth stretches four months, from Sept. 1 to Dec. 31.
A more confusing issue could be how the net investment income tax — an extra 3.8 percent tax on capital gains for higher earners — should be calculated throughout the year.
“The I.R.S. just put out the form, but there are no instructions yet,” Ms. Shipley said. “It’s calculated separately, but it’s clear the net investment income liability is subject to estimated taxes and penalties.”
One solution might be to pay 110 percent of last year’s taxes to avoid a penalty. But that could be onerous for someone who had a much higher income in 2012.
Calculating 90 percent of this year’s income could be challenging, too. Federal and state taxing authorities expect the taxpayer to be current in each quarter and assess penalties on a rolling basis. Ms. Shipley said this could make accounting for investment income difficult with the 90 percent rule — mostly stemming from the lack of filing instructions.
Overpaying consolation People who regularly pay estimated taxes can apply any overpayment to the next year and then not worry about a tax payment for a quarter or two.
With particularly late refund payments for returns filed on time, states are obligated to pay interest. But Ms. Di Re noted that the interest was always less than the penalty the state charges. In the case of New York, interest is 2 percent for late refunds, but for late payments the penalty is 7.5 percent.
Posted on 4:20 AM | Categories:

Can you get a cheap accountant on Freelancer.com? / Here's what we found on the Freelancer.com site when it comes to accountants for Australian businesses.

Daniel James for Business IT writes:   We've recommended sites like Freelancer.com in the past as an option for outsourcing a one-off job, particularly if you don't have the money to advertise elsewhere.
The site continues to grow, and we were interested to receive a press release explaining that the number of accounting jobs listed on the site rose by 23% in the second quarter of this year (though that's based on tasks listed on the site, not how many of those tasks were completed to the advertiser's satisfaction).
According to the press release, small and medium businesses are increasingly using freelance workers for core business tasks that require in depth knowledge of the business - like accounting, report writing and creating Powerpoint presentations.
We looked on Freelancer.com earlier this week for accounting tasks in Australia, and there were only two. One wanted an accountant to work for $US10 per hour (all Freelancer.com listings are in $US), and had attracted a single bid of $US13 from someone based in India even though the listing specifically asked for candidates in Sydney. When we checked there were only four people listing themselves on the site as freelance accountants in Australia.
According to MyCareer.com.au, the current average minimum salary for an accountant is $50,000, which is around $25 ($US22.50) per hour.
The other task we saw listed was more realistic, offering to pay $US10 to $US30 per hour for a QuickBooks bookkeeper. While it had attracted multiple bids at an average of $US16 per hour, all but one of them were from overseas. MyCareer.com.au figures suggest the average minimum is around $20 ($US18), and the sole Australian candidate was asking $US25 per hour.
It's good to keep in mind that Freelance.com takes as much as 10% of hourly rates on top of the commission it charges the employer, and there are other fees that may apply to either party.
While having this option is good, this writer can't help but wonder whether people will want to engage someone in a very different time zone that can't demonstrate knowledge of Australian requirements, for something as important to their business as accounting and bookkeeping.
It's one thing to cast a wide net for one-off tasks such as designing a logo, but we would look closer to home when it comes to a function that has potentially huge repercussions if it's done badly.
We're not saying your company logo isn't important, just that if you're going to pick the one you like best it probably doesn't matter where it was designed.
Posted on 4:19 AM | Categories:

Funding Startups With Retirement Cash Presents Challenges / Investing in a New Business Using an IRA or 401(k) Calls for Caution

Karen Blumenthal for the Wall St. Journal writes: For those looking to buy a business or invest in a startup, it is a tempting thought: Why not tap money accumulated in retirement funds, so that any gains can rise tax-deferred or tax-free?
Tax rules allow retirement accounts to make nontraditional investments in startups and private-company stock, and those have become more popular in recent years. But they are also rife with potential troubles.
In a May, a U.S. Tax Court ruled that two people who bought a business through their individual retirement accounts had engaged in a prohibited transaction when they personally guaranteed a loan for the business.
The men had set up IRAs in 2001 and then used their IRA money to buy the stock of a company providing fire alarms and other fire-protection services. The two later rolled over the traditional IRAs into Roth IRAs, which are funded with after-tax money and rise tax-free. After the business appreciated in value, the Roth IRAs sold the stock in 2006.
The participants erred, however, when they personally guaranteed a loan at the outset. The tax court ruled that the move caused their IRAs to lose their status as tax-deferred accounts back in 2001. The court assessed each man more than $225,000 in taxes and more than $45,000 in penalties.
Tax lawyers say the ruling is significant because there is little case law to draw on regarding retirement-fund investments in startup or private companies. Further, only a few items are banned as IRA investments, notes Amiram Givon, a San Francisco benefits attorney. Those include life insurance and collectibles, such as art or antique cars.
As a result, some advisers and firms recommend that those looking to buy a small business or start one tap retirement funds rather than take on debt. Roger Murphy, chief executive of Murphy Business and Financial Corp., a business broker based in Clearwater, Fla., says at least 10% of his firm's sales of businesses and franchises include some of the buyer's retirement funds. "We tell everybody about this," he says. "I look at it as, 'I'm investing in me.' "
Mr. Murphy encourages buyers to consider a transaction known as "rollovers as business startup," or ROBS. To do it, the business buyer forms a separate corporation and hires an adviser or a firm to set up a qualified employer 401(k) plan for the new company. The buyer then rolls over all or part of his IRA or old 401(k) into the new 401(k) and uses that to buy the stock of the new business.
Any future employees should have the option to participate in the 401(k), though they may not be able to buy company stock.
Guidant Financial, the biggest provider of ROBS-related services, has done about 8,500 such transactions over a decade and is growing about 20% a year, says David Nilssen, chief executive. The Bellevue, Wash., firm also handles record keeping for the new 401(k)s.
The upfront transaction costs about $5,000. The typical user is 40 to 60 years old and invests less than 75% of his retirement funds in the new business, Mr. Nilssen says. IRAs also may be used to acquire businesses. But "there are more ways for individuals to get themselves in trouble on the IRA side" than with a 401(k), says Brian C. McManus, a tax litigation lawyer at Latham & Watkins LLP in Washington.
Tax lawyers say another fairly common strategy is to buy founder's shares or a startup company's stock with funds from a Roth IRA. If the business is successful, the gains can continue to grow and can be withdrawn tax free after the investor reaches 59½.
There are income limits on who can open a Roth IRA, but anyone can roll over a traditional, tax-deferred IRA to a Roth, though taxes are owed on the amount rolled over.
Using your retirement funds in these ways, however, involves significant risks. The biggest, of course, is that the business fails and you lose that retirement nest egg. The IRS said it looked at a sample of ROBS-financed businesses in 2009-10 and many of them had gone out of business within three years.
While there are many investment options for retirement accounts, they come with some limits and requirements. For instance, IRA rules ban so-called self-dealing, such as buying your home using IRA funds or borrowing money from your IRA. A 401(k) must be managed for the benefit of all the plan participants and must issue annual reports.
In addition, even among reputable tax lawyers, advice about these transactions may vary, because the guidelines are murky. One tax lawyer may warn against a ROBS, while another is comfortable with it.
Last, IRS and federal rules could change. The IRS's main discussion of ROBS came in 2008 guidelines, in which it noted some questionable issues, such as how the new stock is valued and whether people who used them were avoiding the taxes they would have to pay if they withdrew retirement funds to buy a business.
More recently, the Obama budget for fiscal 2014 recommended capping savings in tax-advantaged retirement accounts—a proposal that could directly affect those looking to reap big gains from startup-company stock.
All of that points toward proceeding cautiously and seeking expert advice before making such an investment. "If you're the kind of person who doesn't want any trouble, why go there?" says Robert A. Green, a certified public accountant and chief executive of GreenTraderTax.com, which advises traders.
Posted on 4:19 AM | Categories:

4 Kinds of Deductible Interest Expenses

Barry Lisak writes: Interest is an amount you pay for the use of borrowed money. To deduct interest you paid on a debt on your tax return, you must be legally liable for the debt and you must be able to itemize your tax deductions on your tax return. Interest tax deductions fall into four major categories:
1. Home-mortgage interest. Home-mortgage interest is interest you pay on a loan secured by your main home or a second home.
Your main home is where you live most of the time. It can be a house, cooperative apartment, condominium, mobile home, house trailer, or houseboat that has sleeping, cooking, and toilet facilities. The loan may be a mortgage to buy your home, a second mortgage, a home-equity loan, or a line of credit. Mortgage interest is reported to you on Form 1098, Mortgage Interest Statement by the lender to which you made the payments.
2. Points. In addition to the interest rate on a mortgage, lenders usually charge points. The points are paid up front at closing. Whether the charge is called a loan-origination fee or discount fee, points are deductible on your tax return if they are charged for the use of money. Points paid for a second home must be deducted over the life of the loan. Points paid solely to refinance your home mortgage cannot be deducted on your tax return in the tax year paid. Instead, they must be deducted on your tax return over the life of the loan. In other words, if you have a 30-year loan, and the points are $3,000 you can deduct $100 per year as interest expense on Form 1040, Schedule A. If you pay off the loan early, you may deduct all outstanding points (interest) in that year.
3. Investment interest. Investment interest, which is any interest incurred to buy or carry investment property, is tax-deductible on your tax return up to the amount of your net investment income. Margin-loan interest paid to purchase taxable stocks and bonds falls into this category. Any investment interest that is disallowed may be claimed forward to future years. When the investment is sold, any interest expense not previously deducted may be added to the cost basis of the asset. This will save you possible capital-gain taxes. You calculate your investment interest deduction of Form 4952, Investment Interest Expense Deduction.
4. Student-loan interest. This interest is partially tax-deductible on Form 1040, not on Schedule A. The maximum deduction is $2,500 and is based on filing status and income limits. You do not have to itemize your deductions to deduct student loan interest. A qualified student loan is one that you took out solely to pay qualified education expenses for you, your spouse, or a dependent.
If you paid $600 or more of interest on a qualified student loan during the year, you will receive a Form 1098-E, Student Loan Interest Statement, from the entity to which you paid the student loan interest.

Caution: Personal interest, which includes interest paid on car loans, credit cards, and personal loans, is not tax-deductible at all on your tax return.
Posted on 4:19 AM | Categories:

Why aren’t gym memberships tax-deductible?

James Fell for the Chicago Tribune / Buff News writes: My gym membership is a tax deduction. So are my running shoes. And my bike. And my Rush “2112” cycling jersey.
This is because I write about fitness for a living, and if – probably when – I get audited, I can point to hundreds of articles that prove all of these things were necessary expenses for me to make a living.
Chances are, your tax situation is different.
Here is what the IRS has to say about such expenses: “You cannot include in medical expenses health club dues or amounts paid to improve one’s general health or to relieve physical or mental discomfort not related to a particular medical condition.”
Perhaps you have a health savings account or a flexible spending account. These cards are loaded with your pretax earnings up to a certain limit each year and are to be used for qualifying medical expenses.
However, like with the IRS, elective gym memberships are not seen as a justifiable expense for these accounts.
It just makes sense to be active. Exercise increases bone strength, decreases stress, improves brain function and battles dementia, combats Type 2 diabetes, aids recovery from cancer, increases life expectancy and decreases late-life disability.
“Cardiovascular risk factors are increasing, and the No. 1 risk factor is obesity,” said Dr. Sharon Mulvagh, director of the Women’s Heart Clinic at the Mayo Clinic. A Boston Marathon qualifying runner, Mulvagh is a big advocate of exercise to dramatically reduce risk of disease and promote longevity. “More and more evidence is accumulating to prove what common sense already dictates. There are great studies out now about how exercise increases longevity as well as reduces cardiovascular disease risk.”
And heart disease is a big, expensive risk.
Mulvagh sent me projections by the American Heart Association about the health care costs associated just with cardiovascular disease, and the U.S. is currently at around $350 billion annually. By 2025, those costs are projected to exceed $600 billion, and by 2030, more than $800 billion. That’s a lot of bypasses.
And that doesn’t even get into all the other costly diseases being physically active dramatically reduces the risk for. So when you think about just how good exercise is for improving health and cutting related health care costs, the fact that things like gym memberships aren’t a qualifying health expense is a bit of a head-scratcher.
“There is nothing better long term for your health than staying in shape,” said Scott Golden, chief financial officer for the health benefits consulting company NFP/Golden & Cohen LLC.
Golden, a lawyer with an MBA and a master’s in taxation, explained the reasoning behind the government’s short-term thinking. “The loss of revenue is year-to-year, and the improvement in terms of less money spent on health care takes a long time to be realized.”
He explained that FSAs, which are more common than HSAs, would suddenly be getting maxed out if people could claim expensive gym memberships and personal trainers. Just being able to deduct your health club cost on your taxes is a further loss of annual revenue for the government.
And when it comes to revenue, the government cares a lot more about what’s coming in this year than what could be saved in future years.
But there is a loophole.
QUALIFYING INSTANCES
“You need to game the system a bit,” said Tony Novak, a certified public accountant in New Jersey. He literally wrote the book on health savings accounts (titled “Health Savings Accounts”). He’s another MBA with a master’s in taxation, and he spoke of “the proverbial doctor’s note” to help finance your gym membership.
“There are two ways to get a tax-free status on a gym membership,” Novak told me. “One is a doctor’s note and the other is through a corporate wellness program.” If your company doesn’t offer such a program, your doctor could go along with it. If it sounds absurd, Novak insists it’s becoming more common. People are getting not just an exercise prescription, but an actual yearly gym membership prescription.
WHAT THE IRS SAYS
I contacted Bruce Friedland in public relations for the IRS to see what the agency thinks of Novak’s claims, and Friedland replied via email that the only reason you’re allowed to expense a gym membership (with a prescription, of course) is if it’s for “the cure, mitigation, treatment or prevention of a specified disease or for the sole purpose of affecting the structure or function of the body.” (That second part seems open to interpretation.)
Friedland was explicit that general health maintenance doesn’t qualify.
WHAT INSURERS SAY
Lindsey Minella, who works for Humana, told me the insurer follows the IRS guidelines in “Publication 502.” (This answer came from Humana Vice President Dr. Fred Tolin.) She said you can’t claim a gym membership even with a doctor’s note. But I received a different answer from Aetna. Communications director Anjie Coplin pointed me to a section of Aetna’s policy stating that you can claim a gym membership, “When recommended by a health care professional for a medical condition…”
Check with your insurance company for their interpretation. And again, general health maintenance doesn’t qualify. So your doctor has to be specific (think diagnostic code).
SMALL STEPS
Mulvagh thinks gym memberships should qualify for FSAs, HSAs and tax deductions. “I think we should be using carrots instead of sticks,” she said. “The government has a role to play to promote healthy living. We could cut more than half our health care costs if everyone led healthy lives.”
Health Care Services Corp., which operates BlueCross BlueShield, sees profit in being progressive on this issue. Its members have access to 7,000 fitness centers across the U.S. for only $25 a month.
“We see a tangible value in it,” said Tom Meier, vice president of product development for Health Care Services. “The costs of health care depend considerably on lifestyle choices. Members with just one core condition like Type 2 diabetes, cardiovascular disease or obesity can end up costing 2½ times more in health care.”
And Meier explained that fit workers are good for employers as well, as it reduces sick days and boosts productivity.
Fell is a certified strength and conditioning specialist and founder of sixpackabs.com.
Posted on 4:19 AM | Categories:

Boosting a Widow's Retirement Savings

  • KELLY KEARSLEY for the Wall St Journal writes:  
  • The couple's software business was growing steadily when they scheduled a meeting with financial adviser Jameson Van Houten to discuss their overall financial plan and tax strategy.
But the husband died of a heart attack before their appointment.  With the husband gone, a few things became paramount for the surviving spouse, Mr. Van Houten says: The wife, who was 56, needed to make up for the loss of her husband's income, set herself up for retirement and help the business retain its dozen or so employees.
"After he passed away, the dynamics of what she needed changed quite a bit," says Mr. Van Houten, chief executive of Stonegate Financial Group, based in Scottsdale, Ariz. Stonegate manages more than $210 million for 190 clients.
The couple had less than $100,000 in savings because they always reinvested any distributions from their growing company back into the business.
Mr. Van Houten then found a solution to the widow's potential retirement shortfall by making one big change: shifting the company's Savings Incentive Match Plan for Employees of Small Employers to a combination of a defined-benefit plan and a Safe Harbor 401(k) that included a profit-sharing element.
"This was the ultimate catch-up strategy," says Mr. Van Houten.
The advantage of the defined-benefit 401(k) strategy was the ability for the woman to infuse the plan with large donations of pretax dollars, and then recoup most of those contributions for her own retirement. Mr. Van Houten says the goal was for his client to get back 85% of what she put into the company's plan, leaving the rest to continue growing for her employees' benefits.
The woman's annual contribution limits would be based on a formula that factored in her retirement age, her personal salary and the ages of the rest of the employees. The combined plans allot more money to those closest to retirement, the adviser explains. So because the client was nearing retirement age--while the rest of her staff was much younger--the majority of those contributions would come back to her.
Mr. Van Houten notes that if a business owner's goal is primarily personal-retirement savings, then the combined strategy works best if more than half of the company's employees are at least 10 years younger. "The key to making this work is the company's demographics," he says.
Mr. Van Houten worked with a third-party administrator to determine how much the woman could contribute. Increasing her salary to $235,000 and placing her retirement age at 62 allowed the woman to contribute $305,000 pretax to the retirement plans. Boosting her salary was vital because the formula considers salary, not distributions, as income. However, it also helped replace her husband's income and provided money for her living expenses.
The move also saved his client more than $111,000 in income tax the first year, because she likely would have received the $305,000 as distributions, putting her in the highest tax bracket. Now 61, the woman has continued to bolster the retirement plan, which now contains more than $1.5 million, with additional contributions.
Meanwhile, Mr. Van Houten says the employees are happy to know that the remaining 15% left in the plan after her retirement--plus the associated earning from the combined plans--will boost their own retirement savings. The added perk has helped the company retain all of its employees.
"Comprehensive financial and business planning is very integrated for business owners," Mr. Van Houten says. "You have to look at the big picture, drill down into the details and strategies and listen and understand the client."
Posted on 4:18 AM | Categories: