Tuesday, January 28, 2014

Employer taxes, salaries, and 401Ks for my S-Corp

Over at Bogelheads we read the following discussion:

Employer taxes, salaries, and 401Ks for my S-Corpby rghost » Mon Jan 27, 2014 9:57 pm

My question is on tax strategy as I set myself up on payroll for 2014 in an S-Corp. My tax guy is just a tax guy, so before I hire an expensive accountant I hope your can provide insight:

I have a business I set up as an S-corp versus an LLC. I use ADP payroll company to pay myself a reasonable salary.

My understanding is I have two options:
1) Pay a higher salary (i.e 60K) which allows me to put more money into 401K retirement (due to the 25% employer match allowed), but then I have to pay the employer taxes which is gone forever. It looks like these are about 8% of the salary (this is employer only of course, NOT the employee (my) share)

2) Pay a lower salary, (i.e 45K) and save on these employer taxes, but then I have a lower amount I can match into retirement. Less money to build over time in the 401K, but more money upfront. Here I avoid employer taxes, but less goes into the future earnings potential of the 401K.

Assuming I am understanding this correctly,my question is on strategy here and math I am not smart enough to do. Is it generally more advisable to keep the cash right now, and liquid, or eat the taxes now and plop it in a 401K?

In these examples using 45K and 60K, it would be about $1,200 saved in taxes to pay myself the lower salary but $3750 less in the 401K. (obviously in the end the IRS gets their share when i withdraw on that money, so this is why i dont know)

ON one hand it seems like its more money for later, BUT when you account for inflation - a dollar today is worth more and the fact i will be taxed later anyway, and the fact I always hear AVOID AVOID AVOID taxes at all costs, I am not sure what the best strategy is.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby Spirit Rider » Mon Jan 27, 2014 11:06 pm

You are saving 15.3% (7.65% on both employer/employee FICA) on the lower W2 salary.

However, if your salary numbers are accurate, you are transacting the second bend point ($4917/month in 2014) on the SS PIA calculation. If this is/will be representative the average of your 35 highest wage adjusted years (AIME), you could be reducing your ultimate SS benefit by 32% of your earnings difference.

So when you factor in lower retirement contribution (401k), you also have to factor in lower SS earnings against the savings of the lower FICA costs.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby rghost » Tue Jan 28, 2014 12:27 am

Spirit Rider wrote:You are saving 15.3% (7.65% on both employer/employee FICA) on the lower W2 salary.

However, if your salary numbers are accurate, you are transacting the second bend point ($4917/month in 2014) on the SS PIA calculation. If this is/will be representative the average of your 35 highest wage adjusted years (AIME), you could be reducing your ultimate SS benefit by 32% of your earnings difference.

So when you factor in lower retirement contribution (401k), you also have to factor in lower SS earnings against the savings of the lower FICA costs.



Thank you I did not even consider SS calculations. You just made it that much more complicated, haha.

My average 35 year salary will likely be much higher I presume. I am in the 28% bracket once I factor in my profit distributions over and above my salary. It sounds like you would lean toward higher salary and more savings? Can you please explain bend point in laymans term, the SSA website made no sense to me.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby SeattleCPA » Tue Jan 28, 2014 12:33 am

Here's my blog post on this issue: http://evergreensmallbusiness.com/pensi ... oll-taxes/

But the general rule is, if you're paying a 15.3% "load"' (the Social Security) to get a tax deferral, you're probably not really saving money.

Note: If you could pay zero social security tax and then invest that money yourself, you'd end up in way, way better shape...
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby Spirit Rider » Tue Jan 28, 2014 12:58 am

rghost wrote:Thank you I did not even consider SS calculations. You just made it that much more complicated, haha.

My average 35 year salary will likely be much higher I presume. I am in the 28% bracket once I factor in my profit distributions over and above my salary. It sounds like you would lean toward higher salary and more savings? Can you please explain bend point in laymans term, the SSA website made no sense to me.

SS taxes are a flat rate up to the max wage base. However, the benefits are progressive to give low wage earners a better return. The SS Primary Insurance Amount (PIA) is calculated from your Average Indexed Monthly Earnings (AIME) limited to the best 35 years. The bend points come into effect when calculating the PIA from the AIME. You receive 90% up to the first bend point, 32% from the first to the second bend point and 15% above the second bend point.

So if your AIME will end up being above the second bend point, you will receive a marginal 15% on increases to the AIME. Think of it like inverse tax brackets. So you will pay 15.3% FICA and get 15% in benefit earnings. Also, your SS earnings will only increase at the rate of the wage index. So there may be an opportunity cost that the money invested elsewhere may give a greater return. However, that will be in taxable because you have also restricted your profit sharing contributions.

It is all very complicated and I think I remember someone doing a spreadsheet to calculate the math. The main point I am making is don't let a myopic view of minimizing the FICA tax drive your S-Corp W2 salary to the detriment of your future SS benefit and profit sharing contributions.

Just remember, your increased profit sharing contributions save you more tax dollars (28% vs. 15.3%) and also gets you increased SS benefit. Personally, I think getting what retirement plan contributions you want is more important than minimizing your FICA taxes.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby SeattleCPA » Tue Jan 28, 2014 10:36 am

Spirit Rider wrote:Just remember, your increased profit sharing contributions save you more tax dollars (28% vs. 15.3%) and also gets you increased SS benefit. Personally, I think getting what retirement plan contributions you want is more important than minimizing your FICA taxes.



OK, I agree that Spirit Riders points that you consider the SS benefits and also that you do the math. But I will observe that the case often is, bumping earned income to bump pension contributions doesn't work out.

To dig a little deeper into the weeds on this point...

The 15.3% mentioned above is a tax you can avoid permanently. So that's truly savings. And note this savings applies to all the income you characterize as wages.

But the 28% is not true saving. It's a deferral. You probably will have to pay that tax or some chunk of it someday in the future. And you're only able to defer taxes on some of the income you characterize as wages typically.

Using rough numbers, assume you're thinking about bumping your wages by $20K so you can pay a 25% match on that increment. That'll mean an extra $5K in your 401(k).

But what you're doing is paying (roughly) an extra 15% on the entire $20K or $3000 in payroll taxes so you can defer (delay) paying that 28% tax on that $5000 deferral. That'll be about $1400.

Note that when withdraw the $5000 later on, you'll need to pay tax then. Probably that'll get paid at a lower rate. Say it'll be 15%... so only $750.

But look at what happens. You've paid $3000 up front to delay paying that $1400 of income taxes ... and then don't forget about the $750 you'll pay in end.

Ignoring incremental SS benefits (which are real but small) and time value of money (which is also real but smaller in this case than you realize), you may be paying $3K or so to gain net savings of $600 to $700...
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Location: Redmond, Washington

Re: Employer taxes, salaries, and 401Ks for my S-Corpby Spirit Rider » Tue Jan 28, 2014 12:56 pm

SeattleCPA wrote:The 15.3% mentioned above is a tax you can avoid permanently. So that's truly savings. And note this savings applies to all the income you characterize as wages.

But, you are also permanently giving up 15% or 32% (depending on final AIME) credits for your future SS benefit.

Also, you are not really paying 15.3%. because the employer portion is a corporate expense and is deductible. So at a 28% marginal rate the employer FICA portion is 5.51% net and therefore the total FICA is an 13.16% effective rate.

I still maintain that for anyone who is in a position to use the additional W2 income to generate increased profit sharing dollars to increase their tax deferred investments, which will decrease their taxable income and purchase a deferred annuity that has a guaranteed return of the CPI-W until age 60 and then inflation protected by the CPI-U (increased SS benefits).

The minimize W2 wages in S-Corps at all cost is a myth. All myths have a basis in some reality. However, they are seldom updated to new realities, they also do not take into account the individual circumstances.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby rghost » Tue Jan 28, 2014 1:03 pm

This is an excellent discussion thanks. The SS thing I never considered. But at 41, i keep hearing by the time I am old enough it wont even be available. That the system is broken. I don't want to open up a can of worms here, but is SS benefits still a valid consideration? In other words, on top of the explanation above, this uncertainty has me lean towards the lower salary anyway.

BTW speaking of salary, I also learned from the Bureau of Labor statistics that I am under paying myself (went there on a tip from seattle CPA's blog). NOT good. So to be IRS audit safe, I need to bump my salary to $58,620K or more.

Also, this website was excellent in explaining strategies to me so credit where due: http://drdebit.com/22.htm.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby Spirit Rider » Tue Jan 28, 2014 1:44 pm

rghost wrote:This is an excellent discussion thanks. The SS thing I never considered. But at 41, i keep hearing by the time I am old enough it wont even be available. That the system is broken. I don't want to open up a can of worms here, but is SS benefits still a valid consideration? In other words, on top of the explanation above, this uncertainty has me lean towards the lower salary anyway.

BTW speaking of salary, I also learned from the Bureau of Labor statistics that I am under paying myself (went there on a tip from seattle CPA's blog). NOT good. So to be IRS audit safe, I need to bump my salary to $58,620K or more.

Also, this website was excellent in explaining strategies to me so credit where due: http://drdebit.com/22.htm.

Your first paragraph is entering territory not allowed on the forum. To give a simple answer an leave it at that to avoid lock. It isn't a question of whether SS will be there or not, but what will be needed to make it solvent. Some combination of increased revenue, deferred benefits (younger workers), or reduced benefits (most likely reduced COL), will be required. I wouldn't worry about it not being there.

The key things the IRS considers are how much of your revenue fall into these buckets (personal services, generated by employees, and return on capital). From the tax court rulings, you want to be careful to a start at a reasonable (40%-60%) proportion of your net profit paid as salary if all you are providing is personal services. Then factor in competitive salary analysis and any other issues specific to your circumstances that might adjust this.
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Re: Employer taxes, salaries, and 401Ks for my S-Corpby SeattleCPA » Tue Jan 28, 2014 2:22 pm

So here's an example calculation that maybe doesn't definitely prove my point but at least explains why I'm saying what I'm saying...

Say you for some strange reason had the choice to characterize $50,000 of income as either earnings or unearned income.... would it really make sense to pay the FICA?

I don't think it would.

With $50,000 of earnings, you'd owe about $7K of self employment taxes.

As Spirit Rider notes, you get a tax deduction for the employer's portion... so figure that (in this example) as worth $500 roughly.

So social security in this case means taxpayer incurs a net cost of $6500 aftertax... roughly.

Social security isn't only a retirement benefit though,,, so let's say you want to buy some term life insurance to replace its survivors benefits feature. And say you want to buy some (and that you can buy some) long term disability to replace the disability benefits feature. And say all of that costs $1K a year.

So in end taxpayer "pays" maybe $5500 a year for that retirement benefit stream.

When I do the calculations, I think this person ends up with maybe $19K of SSI benefits at full retirement.

But if I calculate the FV of four decade stream of $5500-a-year investments, I get a FV of around $670,000 using a five percent real rate of return. (E.g., I can use this formula in Excel: =FV(0.05,40,-5500 to return that result).

So to me, the question is, what's worth more? That $670K or that $18K or $19K a year...

I think I can get more income... and in end probably leave my heirs money by "opting" out of Social Security...

BTW, if you work the numbers at $20K a year of income, I think Social Security works better... Also, if you work the numbers at $100K of income, the case for opting out looks overpowering. (This is effect of those different bands of replacement income percentages the SS formula uses.)
Posted on 3:03 PM | Categories:

Zoho Announces the All-New Smart Accounting Software for Growing Businesses

Zoho today announced a complete refresh of Zoho Books, its online accounting software. The latest Zoho Books packs over 100 new features along with a faster and more intuitive interface, creating a delightful experience for small business owners as they manage their money.
“The new Zoho Books packs power and simplicity in a beautiful package,” said Raju Vegesna, Zoho evangelist. “We have packed Zoho Books with over 100 new features and opened up the APIs, allowing third-parties to integrate with Zoho Books. The availability of mobile apps on three platforms is a result of our continued investment in mobile.”
The All-New Zoho Books
The all-new Zoho Books has been redesigned to improve the user experience and enhance performance. Business owners can get their accounting tasks done quickly, so they can focus on their business growth. The powerful features in the new Zoho Books are aimed at increasing efficiency and boosting collaboration between small business owners and their customers.
The key highlights of the new version of Zoho Books include:
  • A completely redesigned and beautiful interface with improved workflows. Powerful analytics are delivered in the dashboard which will answer key questions regarding the business performance and cash flow. The banking module in Zoho Books has been transformed, and it now intuitively identifies uncategorized transactions fetched from bank feeds and matches them with existing transactions in Zoho Books. Business owners who bill their time to clients will find it easier to track time with the new calendar and weekly timesheet views. Fresh invoice templates have been added which can be customized, too.
  • New IOS, Android and Windows apps have been launched for Zoho Books. The mobile apps will help business owners stay connected and run their business on the go. Users can track expenses, send quotes and invoices, and log time for projects right from their mobile device. Also, the Zoho Card Scanner mobile application can now scan business cards to Contacts in Zoho Books.
  • Zoho Books is built on an open platform, and the robust RESTful APIs are open to third-party applications to integrate with the accounting software. The open platform provides an opportunity for app developers across the world to create applications that cater to small business needs. Recent integrations with Track1099.com and Tax1099.com will help reduce year-end compliance burden for business owners.
  • By giving clients access to the client portal, business owners can completely eliminate the need for unnecessary file transfer or time-consuming approvals. Clients can approve quotes, view recent transactions, check payment history and make an online payment from within the portal itself.
In addition to these highlights, the latest release of Zoho Books packs over 100 new features.
Pricing and Availability
The new version of Zoho Books is available immediately. Users can sign up for a free 30-day trial to evaluate the software for their accounting needs. Business owners can add unlimited users as well as their accountant to their Zoho Books account. The monthly subscription is $24, and a yearly subscription is available for $240, which includes a two-month discount.
For more information on Zoho Books, please visit www.zoho.com/books. For more information on Zoho, please visit www.zoho.com. To get breaking Zoho news, follow the company on Twitter at @zoho and on Facebook atwww.facebook.com/zoho. The latest news about Zoho products is available on the company blog,http://blogs.zoho.com.
Posted on 2:57 PM | Categories:

Kabbage Releases Mobile Small Biz Lending App

Pedro Hernandez  writes: Kabbage wants to be the funding source of choice when a small business owner finds herself in the right place at the right time and scores an amazing deal.

The Atlanta-based online lender has published mobile apps for the iPhone and iPad that let small businesses apply for cash advances—or working capital, as the company likes to call it—when opportunity strikes. Kabbage's COO and co-founder Kathryn Petralia told Small Business Computing that her company's latest mobile offering "uses all of our services easily over the app."
The Kabbage app, available for Android and iOS devices, means that funding is just a couple of taps away—anywhere, anytime. As a bonus, you don't have to lug around a laptop or contend with a mobile browser.
Kabbage designed the app for smartphones, the one device that today's workers carry with them all day, said Petralia. In business, particularly, "everybody is moving to mobile."
In one minute, Kabbage members can log into their accounts and request funds for a selected amount. The money is typically sent to a bank or to a PayPal account in mere moments. Members can also view their balances and make transfers to Kabbage.
The company uses a variety of sources, including customer ratings, UPS shipping histories, eBay storefronts and even social media to qualify applicants. "The entire process is 100 percent automated, 100 percent online," said Victoria Treyger, chief marketing officer for Kabbage, in September when she revealed that Kabbage had opened up the platform to physical stores ahead of the crucial holiday season. (Initially Kabbage catered only to online stores.)
To date, the company has advanced more than $200 million to more than 100,000 small business owners. And as of mid-November, customers in 41 states have used the app to score funding, according to the company.
For one member, Nicholas Herweck of A-1 Resale, the app proved invaluable during a recent visit to a supplier. After being offered additional items at an irresistible price, he realized he needed more money.
"I didn't have the extra funds to purchase the entire amount, but then I remembered the new app.  I quickly took the Kabbage advance and was able to purchase the additional inventory in 3 minutes from start to finish without worrying," said Herweck in a written statement.
"Enabling access to funds from mobile devices is the next logical step to making it even easier for small businesses to get instant access to capital," said Rob Frohwein, CEO and co-founder of Kabbage in a statement. Echoing Herweck's experience, he added that the company's customers can now "scoop up the best inventory deals on the spot and use the power of their Kabbage working capital to build and grow their businesses."
As for the future, Petralia said Kabbage is working on "moving the entire application process" to the app. The company also plans to keep several steps ahead of fraudsters by investing in advanced security and privacy protections.
Posted on 2:39 PM | Categories:

IRS continues to remain silent on Bitcoin tax liability


for DigitalTrends writes: Mentioned by the National Journal this week, anyone that’s curious how to report Bitcoin earnings on their 2013 tax filing this year has yet to receive substantial directions from the Internal Revenue Service. With tax filing expected to start on January 31, 2014, anyone that’s sold Bitcoin for U.S. dollars may have to wait until the IRS releases a declarative statement on the subject.

According to the Journal, the issue is related to how the Federal government will eventually classify Bitcoin. For instance, taxing it as a commodity would fall under the capital gains umbrella while taxing it as a currency would be a much higher tax rate, much like regular income.

In an emailed statement sent to the National Journal, IRS representatives state “The IRS is aware of the potential tax-compliance risks posed by virtual currencies. The IRS continues to study virtual currencies and intends to provide some guidance on the tax consequences of virtual-currency transactions.” IRS representatives did not indicate when the government agency will release a statement regarding Bitcoin or other virtual currencies that have grown in popularity in the past few years.

Posted on 2:32 PM | Categories:

401k allocation, should I stay diversified or move everything to a target date index fund?

submitted ago by homiewannalive

I am currently 22 getting my full employer match on my 401k and have set it up to be 'aggressive'. I use mostly stock options that are foreign and domestic, I though about just moving my entire allocation to the target date fund for 2055. The 401k is through Fidelity.
Would it be smart to move 'everything' to a target date fund or still leave some sort of allocation else where?

EDIT: 401k Options
all 23 comments
[–]luckeye 13 points ago

Put it all in the total market index fund. .07% expense ratio makes it your best option.
[–]Pzychotix 4 points ago

Do note that the Spartan total market index fund is US stocks only and wouldn't get the exposure to foreign stocks.
[–]luckeye 2 points ago

True, but if this account has a low balance then it doesn't really matter all that much. And if he has a Roth IRA or similar, he can diversify through another account.
[–]tryingtohelp2010 1 point ago

That's my recommendation too. I am currently investing in that (have for a year now) through my 403b. It's best for the low cost fee approach.
[–]NeedHobbies 1 point ago

+1. Use an IRA for low-cost bonds & international stocks and you've got a simple 3-fund portfolio.
[–]Rinx 0 points ago

100% stocks is a terrible allocation for so many reasons. You'd be much better off with a target date fund and getting small exposure to bonds. It will also leave you with little exposure to emerging markets and other international funds, and no REITs either.
The best answer is to go educate yourself so you don't need advice from internet strangers :) If you don't want to do that then target date funds seem like your best bet, even with the slightly higher expense ratio.
[–]luckeye 2 points ago
If he is only investing up to the employer match, it really doesn't matter. We are talking about a few thousand dollars. He can diversify in a Vanguard Roth IRA
[–]United StatesaBoglehead 9 points ago

Fidelity target date funds are on the expensive side. If you post a list of your 401k options and their expense ratios we can give you better advice.
[–]ArtificialNebulae 5 points ago

Not to mention needlessly complex. This is a copy-paste of what's in the Freedom 2040 fund:

  • 9.25% Fidelity Series Equity-Income Fund
  • 7.61% Fidelity Series All-Sector Equity Fund
  • 7.47% Fidelity Series Growth Company Fund
  • 6.53% Fidelity Series Growth & Income Fund
  • 6.08% Fidelity Series Blue Chip Growth Fund
  • 5.94% Fidelity Series Stock Selector Large Cap Value Fund
  • 4.65% Fidelity Series Opportunistic Insights Fund
  • 4.64% Fidelity Series Intrinsic Opportunities Fund
  • 3.74% Fidelity Series Small Cap Opportunities Fund
  • 1.86% Fidelity Series 100 Index Fund
  • 1.13% Fidelity Series 1000 Value Index Fund
  • 1.13% Fidelity Series Small Cap Discovery Fund
  • 0.75% Fidelity Series Real Estate Equity Fund
  • 2.44% Fidelity Series Commodity Strategy Fund
  • 9.54% Fidelity Series International Growth Fund
  • 9.45% Fidelity Series International Value Fund
  • 5.91% Fidelity Series Emerging Markets Fund
  • 1.95% Fidelity Series International Small Cap Fund
  • 1.55% Fidelity Series Investment Grade Bond Fund
  • 6.57% Fidelity Series High Income Fund
  • 0.65% Fidelity Series Floating Rate High Income Fund
  • 0.67% Fidelity Series Emerging Markets Debt Fund
  • 0.46% Fidelity Series Real Estate Income Fund
  • 0.07% Other
Compared to Vanguard's 2040 Target Retirement:

  • 63.0% Vanguard Total Stock Market Index Fund Investor Shares
  • 27.0% Vanguard Total International Stock Index Fund Investor Shares
  • 8.1% Vanguard Total Bond Market II Index Fund Investor Shares
  • 1.9% Vanguard Total International Bond Index Fund Investor Shares
[–]homiewannalive[S] 2 points ago

401k Options
Imgur made the image blurry for some reason but it should still be legible, if not let me know.
[–]DocBrownMusic 2 points ago

It's the thumbnail that's blurry -- the original image itself doesn't seem blurry to me: http://i.imgur.com/hDIUdVt.png
If you want the original URL link, it's on the right side of the page, or you can just click on the thumbnail itself
[–]CalvinsStuffedTiger 2 points ago

I have a philosophical question for you guys. If your employee is matching you x% and giving you free money. Then wouldn't taking more risk with your company 401k and weighing more heavily in developing markets and be more conservative with your post tax Roth IRA?
[–]ductyl 4 points ago

Not really. You should treat the "free money" the same as the money you invested. That's like saying, "if you get a bonus at work, shouldn't you go spend it all on scratch tickets?" Just because the money isn't something you directly took from your paycheck doesn't mean it should be treated any differently than the money you earned normally. A financial plan should apply to every dollar you control, regardless of it's source.
[–]CalvinsStuffedTiger 1 point ago

Err...wouldn't it be better to take more risk...forgive my nonsensical mobile type.
[–]United StatesaBoglehead 1 point ago
Then wouldn't taking more risk with your company 401k and weighing more heavily in developing markets and be more conservative with your post tax Roth IRA?
Maybe. You should do what your asset allocation/financial goals call for no matter where the money is coming from. If that's upping the risk level with small caps and developing markets then go for it.
[–]CouchCushionStrategy 1 point ago

In his case yes, but not always.
The target date funds for my fidelity 401k have lower expense ratios than Vanguard, though to be fair administrative fees that are part of the plan kind of erase some of that benefit.
[–]EventualCyborg 1 point ago

0.8% isn't terrible, and it would expose him to some micro, small, and medium caps and internationals (both developed and developing) which is important.
[–]Brassmonkeyhunk 1 point ago

Probably a dumb question, but my 401K is also through Fidelity and my target funds are the Black Rock Lifepath and my expense ratio is .14%. Why are there different types of target funds? Does it depend on the employer?
[–]lightcloud5 1 point ago

Different companies (e.g. Schwab, Vanguard, Fidelity, BlackRock) are free to make their own target date fund products, just like there are multiple funds that track the S&P 500.
Note that although the objective of a Target Date Fund 20XX remains the same across target date funds, different target date funds will use different means to achieve them. For instance, some target date funds may be more aggressive than others, even if they have the same target date year.
[–]theplaidavenger 3 points ago

Do you have an IRA. Or money to open one? Going 100% total stock market for the low ER then using an IRA to get bonds and international stocks at a lower ER then your 401k would be ideal for your situation.
Don't give up maximizing the match to do this though.
[–]KhabaLox 1 point ago
Going 100% total stock market for the low ER then using an IRA to get bonds and international stocks at a lower ER then your 401k would be ideal for your situation.
If he goes with a Roth IRA, I would actually suggest the opposite. Put your aggressive funds (read, equity indexes) in the Roth account and put your less aggressive (read, bond indexes) in the pre-tax account. That way, you capture the big(ger) gains in the post tax account.
Of course, at 22, he'll probably only want minimum bond exposure, so he could buy-in for the minimum on a bond fund in his 401(k), and put the rest into an equity index.
[–]jk147 1 point ago
All of my allocations are in target funds, IRA included.
Posted on 2:32 PM | Categories:

IRS Releases Draft Instructions for Form 8960 Net Investment Income Tax

The IRS has released much anticipated draft instructions for reporting the Net Investment Income (NII) tax on 2013 Form 8960, Net Investment Income Tax—Individuals, Trusts, and Estates. The draft instructions consist of 19 pages and include numerous worksheets for making calculations. The IRS has indicated that it expects to issue the final form and instructions soon, probably by the end of January, just in time for the start of the 2014 tax preparation season.

Background

The 3.8-percent Net Investment Income (NII) tax took effect at the beginning of the 2013 tax year, meaning that reporting must now begin during the 2014 filing season. The IRS issued proposed reliance regulations in 2012, followed by final regulations in November 2013. Although, the IRS had previously issued a draft Form 8960, Net Investment Income Tax, in August 2013, it did not release the instructions until now.
The draft instructions are based on the final NII tax regulations (T.D. 9644) issued at the end of November 2013. Nevertheless, the IRS has specifically stated that, for 2013 reporting, taxpayers have the choice of applying either the 2013 final regulations or the 2012 proposed regulations. Only the final regulations will apply for 2014 and beyond.
Comment 
IRS officials have stated that Form 8960, which was issued in draft form in August 2013, will not change. Any changes are likely to appear in the final instructions. There will be no IRS Publication released on the NII tax for this filing season, one of the drafters of the regulations commented.
Michael Grace, counsel, Whiteford Taylor Preston LLP, Washington, D.C.; and Robert Keebler, Keebler & Associates LLP, Green Bay, Wisc., sat down with CCH to offer their expert views of the draft instructions for Form 8960. This article covers those conversations on the draft form.

Worksheets

While Form 8960 has 21 lines and is only one page long, the draft instructions for Form 8960 are 19 pages long and include over five pages of worksheets to be used to calculate the amounts reportable on Form 8960. The worksheets are complicated, and require moving figures from Form 1040, 1041, or Schedule A, Itemized Deductions. As such, it would be advisable to pay close attention to this year’s calculations and to double check them whenever possible. 

Part 1, Lines 1-8 of Form 8960 is used to report investment income. Line 5 of Form 8960 is used to report Category (iii) income (Code Sec. 1411(c)(1)(A)(iii)): net gain attributable to the disposition of property, other than property held in a trade or business not subject to the NII tax. Line 5a shows the total net gain or loss from the disposition of property, transferred from Form 1040. Line 5b backs out net gains or losses that are not subject to the NII tax.
There is a two-page worksheet for calculating the amounts on line 5. The worksheet lists eight categories of gains and losses excluded from the tax and reported on Line 5b; the instructions explain these items. Part 3 of the worksheet is used to calculate the taxpayer’s adjustment for gains and losses attributable to the disposition of interests in partnerships and S corps (Code Sec. 1411(c)(4)). This adjustment reduces the amount of gain from the disposition of the interest that is included in NII.

The method for calculating the Code Sec. 1411(c)(4) adjustment was changed in the 2013 proposed regulations from the 2012 proposed regulations. For 2013, the first year of the NII tax, the instructions indicate that taxpayers can choose to report the adjustment under either set of regulations. The instructions require taxpayers reporting this adjustment to attach a statement to their return; the content of the statement varies, depending on which set of regulations the taxpayer applies.

Instructions—Passthrough Interests

In addition to issuing new instructions for new Form 8960, the IRS also issued draft revisions of the instructions for Form 1065 (Partnerships), Form 1065-B (Electing Large Partnerships), and Form 1120S (S Corporations), for reporting NII tax items to the partners and shareholders. The Schedule K-1s will need to separately state items that affect the partner or shareholder’s determination of NII.

Recharacterization

Certain income items, such as self-rental income, that would generally be treated as passive income, are recharacterized under Code Sec. 469 as non-passive income. This was originally an anti-abuse rule meant to prevent taxpayers from deducting passive losses from the income. However, because net investment income resulting from passive activities is subject to the NII tax, recharacterization of passive income as non-passive income can actually prove beneficial to taxpayers subject to the NII tax. 

Page 4 of the draft instructions discusses recharacterization. The instructions list several types of formerly passive activities, which under Code Sec. 469 will be recharacterized as non-passive for purposes of calculating the amount of net investment income subject to the NII tax. The instructions also refer taxpayers to Reg. §1.469-2(f), Temp. Reg. §1.469-2T(f), and Publication 925, Passive Activity and At-Risk Rules.

Properly Allocable Deductions

Code Sec. 1411(c)(1)(B) allows taxpayers to offset their NII with “properly allocable deductions.” Part II of Form 8960, Line 10, is used to report Additional Modifications to NII. The instructions advise that Line 10 should be used to report additional deductions and modifications that are not otherwise reflected in Lines 1-9.

The instructions thus implicitly acknowledge that some deductions and modifications are not reported in Part II. For example, the final regulations, in a victory for taxpayers, allow net losses determined under Category (iii) (gain attributable to the disposition of property) to be used to offset other NII. This net loss is not shown as a deduction or modification in Part II. Instead, it is shown as a negative amount to NII in Part I. Similarly, the draft instructions explain that the portion of a net operating loss (NOL) that is attributable to NII and can therefore be deducted will be taken as a Modification in Part I, Line 7.

Trade or Business

Grace: “What you have is a statute that lays out three categories of investment income. Category (i) really highlights the importance of determining whether items are derived in the ordinary course of a trade or business. If not, the income is automatically NII. If the items are derived from a trade or business, you have a shot at NII treatment. Then you go on to Category (ii) income. Does the activity fall into a passive activity? If you keep it away from these categories, the income falls out of NII. That’s why it’s so important to make that distinction.”
Keebler: “The trade or business determination is not really a forms issue; it’s how to apply Sec. 469. The IRS made no effort to say what a trade or business is. Any guidance would have to be part of a bigger regulations project.”

Real Estate Professionals

Under Code Sec. 469, a qualified real estate professional is a person that works more than 750 hours and devotes more than half of his/her services to real estate trades or businesses.
Grace: “The general rule under Sec. 469 is that income/loss from rentals is passive, regardless of the level of participation. But if you’re a qualified real estate professional, this per se rule does not apply. Instead, you can test the real estate activity for material participation. If that professional owns some real property and materially participates in those rentals, then the rental income/loss is not passive under Sec. 469. It raises the question —is the result the same under 1411? The final regulations clarify: if the income/loss is non-passive under Sec. 469, it is also non-passive under Sec. 1411, as long as the rents are truly received in the ordinary course of a trade or business.”

Comment 
The instructions make it clear that income from non-passive activities will be included in NII if the activity is not a trade or business under Code Sec. 162. Code Sec. 469 provides a safe harbor for real estate professionals that participate in the rental real estate activity more than 500 hours. The regulations provide that a taxpayer can regroup its activities under Code Sec. 469, and that the 500 hour threshold applies to the grouped activities. However, this is not clear in the instructions, which provide that a real estate professional must participate in each rental real estate activity for more than 500 hours during the tax year. For grouped activities, only one 500 hour threshold applies.
Reference: PTE §32,022
Posted on 2:31 PM | Categories:

You can file your tax return without 1099 forms

Kay Bell for Bankrate.com writes:   If you received interest or dividend income, sold a stock or worked as an independent contractor, you'll get some version of the Internal Revenue Service Form 1099 to help you complete your tax return.

As with W-2 wage statements, 1099 forms usually must be distributed to recipients by the end of January. If Jan. 31 falls on a weekend or federal holiday, the deadline shifts to the next business day.


If you don't receive an expected Form 1099 in early February, contact the issuer. Perhaps the payer has an incorrect or incomplete address for you. Alert the issuer of the changes and ask for a reissued statement.

Get a duplicate

Even if they tell you it's in the mail, ask for a duplicate.
If mid-February comes and goes without arrival of either the original or duplicate statement, call the IRS at (800) 829-1040 for help in getting this information.

But you don't necessarily have to wait for the statements to file your return. You generally don't have to send in the actual 1099 forms with your return. They are just issued so you'll know how much to report, with copies going to the IRS so return processors can double-check your entries. As long as you have the correct information, you can put it on your tax form without having the statement in hand.

Tracking down the data

The easiest way to get this missing data is to call the employer, bank or investment company and ask for your income information over the phone. In some cases, the amounts that would be on a 1099 are readily available from documents you already have.
For example, your bank may put a summary of the interest paid during the year on your account's December or January statement. Many financial companies make the interest figure available through customer service phone lines or websites. And most investment firms include the year's Form 1099 cumulative amounts as part of quarterly dividend statements.
If your missing 1099 does finally show up, don't discard it because you got the information elsewhere and already filed your return. Check the form to ensure the amount it contains is the same as what you reported. If there is any discrepancy, call the issuer to reconcile the differences.
When the late-arriving data are correct and what you filed is not, you'll need to file an amended return Form 1040X. If you don't, expect a call from the IRS because the agency will use the final 1099 as its basis for reviewing your return for accuracy.

Common 1099 forms

Below is a table of various 1099 forms. Don't be concerned if the interest statements from separate financial institutions don't look alike. The IRS doesn't care what format the issuer uses. It just wants the income and tax information.

Different 1099 forms

1099-BProceeds from broker and barter exchange transactions.
1099-CAmount of canceled debt.
1099-DIVDividends and distributions.
1099-GCertain government and qualified state tuition program payments (this includes refunds of state income taxes paid).
1099INTInterest income.
1099-KMerchant card payments.
1099LTCLong-term care and accelerated death benefits.
1099MISCMiscellaneous income.
1099-OIDOriginal issue discount payments.
1099-QPayments from qualified education programs (Section 529 or 530 plans; Coverdell account distributions used to be included here, too, but now have their own Form 5498-ESA).
1099-RDistributions from pensions, annuities, retirement or profit-sharing plans, IRAs, insurance contracts, etc. This is an exception to the nonfiling rule. You will need to send in a 1099-R with your return if the statement shows income tax was withheld.
1099-SProceeds from real estate transactions.
SSA-1099Social Security benefits statement.
RRB-1099Payments by the Railroad Retirement Board.

NOTE: The Social Security and railroad benefits statements are not IRS documents. Those 1099s are issued by the Social Security Administration and the federal Railroad Retirement Board.
Posted on 2:31 PM | Categories: