Shakespeare may or may not have been right about love and roses. But what about taxes? Does that which we call a “tax,” by any other name smell as sour? Apparently, Washington thinks not — if you pay attention to all the new euphemisms, you’d think Washington has given up imposing new “taxes” entirely!

In 1952, the IRS started charging “user fees” when the government provides special benefits to a recipient beyond those given to the general public. Today the government raises over $200 billion per year in fees for services like approving retirement plan applications, driving heavy vehicles, entering national parks, and even walking to the top of the Statue of Liberty. But “user fees” are still “fees,” and Americans seem to have figured out that trick. So, what now?

Now we’re seeing even more clever names for what most of us would consider plain old taxes. Take, for example, the new “unearned income Medicare contribution” that goes into effect on January 1. This is a 3.8% levy on “investment income” (interest dividends, capital gains, rents, royalties, and annuities) for individuals earning over $200,000 or joint filers earning over $250,000. Washington created it as part of the Obamacare package, along with an increase in the Medicare tax on earned incomes over those same thresholds. But, while they call it a “Medicare contribution,” the money doesn’t actually go into the Medicare trust fund. It goes straight into the general revenue fund, where Washington can spend it on whatever they want.

The “unearned income Medicare contribution” isn’t Obamacare’s only euphemism for “tax.” Beginning on January 1, 2014, applicable large employers with 50 or more employees have to offer their employees minimum essential coverage or pay a $2,000/employee “assessable payment.” That’s a nondeductible “assessable payment,” by the way, so the actual cost might be even higher. Sure sounds like a tax to us.

Finally, there are taxes in disguise that have the same bottom-line effect as more direct taxes. If you start taking Social Security benefits before your normal retirement age and earn more than the retirement earnings test exempt amount ($14,640 for 2012), you’ll pay a Social Security earnings penalty of one dollar for every two dollars you earn above that limit. Doesn’t that sound like a 50% tax? (The penalty drops to one dollar for every three dollars in earnings above $33,880 in the year you reach normal retirement age, then disappears after that year.)
The good news here is that we can help. Whether you’re looking to pay less “tax”, minimize your “unearned income medicare contribution,” sidestep the “assessable penalty,” or avoid the “Social Security earnings penalty,” planning is your plain-English solution. So call us — and make sure you do it now before Washington comes up with any more new names for taxes! And remember, we’re here for your family, friends, and colleagues, too!

These thieves are clever, and some even disguise e-mails to look as if they come from a government agency; the IRS banner has been used in many scams to steal taxpayer identities.   For example,  you may receive an e-mail with the IRS banner indicating you have a refund coming and directing you to a web site where you are duped into revealing your identity to obtain the refund.

Don’t be a victim! Always be suspicious of such e-mails and keep in mind the IRS never initiates contact via e-mail.  Another tip is look at where the e-mail originated.  If it is not from IRS.gov, then it is a trick.  If you are not sure, please call this office for advice.

If you suspect your identity has been compromised, please call this office for assistance. The IRS also provides guidance at www.irs.gov/uac/identity-protection.

Admit it — even if you didn’t play, you couldn’t help but dream at least a little about what you would do with all that money. That house you’ve always wanted on the most expensive street in town? The beach house or ski lodge you’ve always wanted to share with your friends? Lavish gifts for your family, favorite charities, and community? (It’s OK to dream just a little bit more before you finish reading.)

But here’s an ugly reality you probably don’t want to think about. No matter where you choose to spend your windfall, the biggest piece of all will go to your friends at the IRS. (Yes, those nice folks at the Multi-State Lottery Association will send the IRS a Form W-2G alerting them to your good fortune.) With jackpots this big, the tax collectors in Washington will probably put a plaque on the wall with your name on it!

Your first decision involves whether to take your prize in a lump sum this year, or an inflation-adjusted annuity over the next 30 years. And big decisions, as always, mean taking taxes into consideration. Taking your loot all at once means paying the top federal income tax rate of 35%. That may sound like a lot, but at least you’ll know exactly how much the tax will cost. Taking the prize in installments means paying whatever tax rate is in effect the year an installment is paid. Next year, for example, the Bush tax cuts are scheduled to expire, pushing the top tax rate to 39.6%. Next year also marks the first appearance of the Unearned Income Medicare Contribution, a 3.8% tax on “investment income” including annuities. And who knows what other new taxes might appear over the next 30 years?

Uncle Sam isn’t the only one who’s going to want a piece of your action. Forty-three states tax lottery winnings as ordinary income. Some states even tax your winnings if you just buy your ticket there without even living there. Do you live in Pennsylvania and work in New York? Don’t buy your ticket around the corner from the office unless you want to cut the Empire State in for 8.82%!

Of course, there are plenty of strategies you can use to offset the income from the prize. Do you own your own business? Consider establishing or beefing up your qualified retirement plan. Maybe a closely-held insurance company (CHIC) makes sense for even bigger savings. Are you charitably-inclined? You can offset up to 30% of your “adjusted gross income” with gifts to a private foundation and 50% for gifts to a “public” charity.

So, if you find yourself with a winning ticket, call us before you host that press conference and cash your ticket!

But if you don’t win that Powerball jackpot, good tax planning is even more important. That’s because you don’t have millions to waste on taxes you don’t have to pay! So call us anyway — and make sure you do it now before the New Year brings new taxes. And remember, we’re here for your family, friends, and colleagues, too!

If there are losses to date − As an example, suppose the stocks and other capital assets that were sold during the year result in a net loss and that there are other investment assets still owned by the taxpayer that have appreciated in value. Consideration should be given to whether any of the appreciated assets should be sold (if their value has peaked), thereby offsetting those gains with pre-existing losses.

Long-term capital losses offset long-term capital gains before they offset short-term capital gains. Similarly, short-term capital losses offset short-term capital gains before they offset long-term capital gains. Keep in mind that taxpayers may use up to $3,000 of total capital losses in excess of total capital gains as a deduction against ordinary income in computing adjusted gross income (AGI).  Individuals are subject to tax at a rate as high as 35% on short-term capital gains and ordinary income. But long-term capital gains are generally taxed at a maximum rate of 15%.

All of this means that having long-term capital losses offsetting long-term capital gains should be avoided, since those losses will be more valuable if they are used to offset short-term capital gains or ordinary income. Avoiding this requires making sure that the long-term capital losses are not taken in the same year as the long-term capital gains. However, this is not just a tax issue; investment factors also need to be considered. It would not be wise to defer recognizing gain until the following year if there is too much risk that the property’s value will decline before it can be sold. Similarly, one wouldn’t want to risk increasing a loss on property that is expected to continue declining in value by deferring its sale until the following year.

To the extent that taking long-term capital losses in a different year than long-term capital gains is consistent with good investment planning, a taxpayer should take steps to prevent those losses from offsetting those gains.

If there are no net capital losses so far for the year – If a taxpayer expects to realize such losses in the subsequent year well in excess of the $3,000 ceiling, consider shifting some of the sales and resulting excess losses into the current year. That way, the losses can offset current year gains, and up to $3,000 of any excess loss will become deductible against ordinary income in the subsequent year.

For the reasons outlined above, paper losses or gains on stocks may be worth recognizing (i.e., selling the stock) this year in some situations.  But if the stock is sold at a loss with the idea to repurchase it, the repurchase cannot be within a 61-day period (30 days before or 30 days after the date of sale) under the “wash sale” rules.  If it is, the loss will not be recognized and will simply adjust the tax basis of the reacquired stock.

Careful handling of capital gains and losses can save substantial amounts of tax. Please contact this office to discuss year-end planning strategies that apply to your particular situation so as to maximize tax savings.

And this year, Walmart founder Sam Walton’s heirs, who still own 48% of the company, have taken a lesson from their own shoppers. Only, the Waltons aren’t just saving hundreds. They’ve found a way to save millions, just by accelerating a regularly-scheduled dividend payment from January 2 to December 27. (Apparently, they think “everyday low prices” applies to their tax bills, too!)

Under current law, tax on dividends is capped at just 15%. The Walmart dividend will be 39.75 cents/share, and the Waltons own approximately 1.6 billion shares. That means the family’s payout will be $636 million, and their federal income tax bill on that payout will be a hefty $95.4 million.

If Walmart waits until January 1 to make the payment, though, taxes could go up — possibly way up. That’s because the so-called “Bush tax cuts,” in effect since 2003, expire. At that point, dividends lose their special protection, and the top rate jumps to 39.6%. Congress and the White House have both said they want to extend the current rates for most taxpayers. But if they can’t come to some agreement to the contrary, the Waltons will pay an extra $156 million in tax on their dividend. (A recent CNN poll shows that two-thirds of Americans expect Washington officials to act like “spoiled children” rather than “responsible adults” during those upcoming negotiations, so the Waltons better cross their fingers!)

Waiting ’til January 1 would also make the Walton heirs subject to the new “Unearned Income Medicare Contribution” of 3.8%. (This is a special tax on investment income for taxpayers making over $200,000, or $250,000 for joint filers.) That would bring the effective tax rate on the January 2nd payment all the way up to 43.4%, and bring the Waltons’ final tax bill up to a whopping $276 million. Ouch!

Walmart is hardly the only company accelerating dividends to beat the tax hike. One financial data firm estimates that 109 public companies will issue special dividend payments before January 1, more than three times as many as in recent years. Those special payments will actually be enough to give the IRS a significant spike in 2012 tax revenue. The New York Times reported last week that two recent studies show that companies where board members own a large percentage of company shares are likeliest to make this move. The three Walton family members who serve on the company’s board of directors recused themselves from last week’s vote, but a company spokesman confirmed the company did make the decision because of uncertainty over taxes.

It may be too late to take advantage of Black Friday shopping specials at Walmart. But it’s assuredly not too late to take advantage of Black Friday planning for taxes! Tax planning is the key to paying the legal minimum, especially with the “fiscal cliff” looming on the horizon. And a good tax plan can pay for a holiday season full of gifts and fun. So call us if you don’t already have a plan, and let us show you what we can do. We’re sure you’ll give thanks for the savings!

An option is the “reverse mortgage,” which allows homeowners to borrow against the equity they have built up over the years.  The loan is not due until the homeowner passes away or moves out of the home.  If the homeowner dies, the heirs can pay off the debt by selling the house, and any remaining equity goes to them.  If at that time the loan balance is equal to or more than the value of the home, the repayment amount is limited to the home’s worth.

To be eligible for this loan, the borrower must be at least 62 years of age and have equity in the home.  The loan amount will depend on factors such as the borrower’s age, the value of the home, interest rates and the amount of equity built up.  The borrower has the option of taking the loan as a lump sum, a line of credit or as fixed monthly payments.  In addition, the money can be used for any purpose, without restrictions imposed.

Reverse mortgages are considered loan advances and not income, so the amount received is not taxable. The interest accrued on a reverse mortgage is not deductible until it is actually paid, which in most cases is when the loan is fully paid off. The interest deduction may also be limited by the general home mortgage deduction rules.

A reverse mortgage can help provide financial security to many seniors so that they can live a comfortable life.  But individuals are cautioned to explore other alternatives as well before entering into a reverse mortgage. It may be a solution for some, but not necessarily a panacea for all.  If you are struggling with your finances, carefully explore your options, including the possibility of a reverse mortgage.

It is probably prudent to contact this office to determine if a reverse mortgage is your best course of action before making a final commitment.

Last month, Lucas announced that he’s selling his production company, Lucasfilms, to The Walt Disney Company for $4.05 billion in cash and stock. And it should hardly come as a surprise ending that he found a way to beat the IRS that’s almost as powerful as launching a proton torpedo down the Death Star’s exhaust port.

How did he do it? Elaborate special effects? Computer-generated imaging? Nope. He did it just by selling now, in 2012.

We have no idea how the evil Empire collected taxes a long time ago, in a galaxy far, far away. (We suspect that R2D2 kept awesome records in case he was audited; Darth Vader hid his money on Endor, a forest moon bearing a striking resemblance to the Cayman Islands; and Chewbacca never bothered to file at all.) But here in the U.S., gains from the sale of a business are treated as capital gains and subject to tax up to 15%. Lucas is taking half of his proceeds in Disney stock, so that part escapes tax for now. (He’ll pay if he sells those Disney shares sometime down the road.) But that still leaves up to $2 billion in fully taxable cash gains. And that means up to $300 million in tax for Uncle Sam.

At least, that’s how it works this year. On January 1, the Empire strikes back, when those Bush-era rates expire. Unless Washington gives us a new hope, that capital gains rate jumps to 20%. President Obama has said he wants to extend the current rates for income under $200,000 ($250,000 for joint filers), and the Senate has passed a bill to do just that. But if the 20% Clinton capital gains rate returns, at least for guys in Lucas’s bracket, selling in 2013 could have cost him up to $100 million more in immediate tax. That’s at least enough to recondition a Millenium Falcon or two!

January 1 also marks the start of a new phantom menace, the “Unearned Income Medicare Contribution,” on investment income, including capital gains, for those earning above that same $200,000 threshold. The new Medicare tax is “just” 3.8% — but 3.8% of $2 billion is still a hefty $76 million.

The sale also represents smart estate planning for Lucas, who is 68. While generations of fans hope to see him shepherd the final three Star Wars films to the theatre, the sale will spare his heirs the challenge of managing his affairs at his death. Lucas has already announced plans to donate the bulk of his estate to educational charities, and the gifts he’s already made, including $175 million to his alma mater University of Southern California, will surely ease the tax bite on that transfer.

Selling a business is one of the toughest productions any entrepreneur directs. Making the most of that opportunity takes bits of Luke Skywalker’s drive, Han Solo’s skill, and Obi-Wan Kenobi’s wisdom. And keeping the most of your proceeds takes the right tax advice. That’s why we’re here — to give you a plan to keep the most of your legacy. And remember, we’re here for your family, friends, and colleagues, too. May the Force be with you!

Last week, another corporate stalwart threw in the towel. You’ve heard the sad news. Hostess Brands — maker of Wonder Bread, Ding Dongs, Ho Ho’s, Sno Balls, and the pop-culture icon Twinkies — filed for bankruptcy in January. But last week, citing a strike by members of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, the company announced they would wind down their operations and liquidate their assets. The move leaves over 18,000 Americans jobless just as holiday baking season moves into high gear.

Foodies and gourmets reacted immediately to the devastating news. Shoppers across the country are quickly emptying shelves of Hostess goodies. An enterprising class of baked-goods arbitrageurs have even taken to the internet, offering Twinkies on Ebay and Craigslist for $100 or more per box. (On the brighter side, dieters throughout the land are giving thanks this week that one more temptation is disappearing from their tables!)

But what about the IRS? How will the tax man make out in Hostess’s bankruptcy? Will he enjoy a delicious creamy filling? Or will he have to settle for stale crumbs?

When debtors like Hostess go out of business, the bankruptcy court supervises liquidating the debtor’s property and distributing the proceeds to creditors. Hostess has plenty to sell, including 40 bakeries, 400 retail locations, and thousands of trucks and trailers. Once those assets are liquidated, claims will be paid according to specific priority rules, starting with 1st-priority domestic support obligations, 2nd-priority administrative expenses, 4th-priority employee wages, and so forth.

Uncle Sam rarely loses income taxes in corporate bankruptcies. That makes sense because companies that can’t pay their bills aren’t likely to owe much income tax to start with. But even unprofitable companies like Hostess still make the tax man happy. Consider the property taxes they owe on those bakeries and retail locations, the sales taxes they collect on every Ding Dong, and the payroll taxes they withhold on those 18,000 employees’ wages. The bankruptcy rules acknowledge these debts by treating “pre-petition” taxes a debtor incurs before filing as an 8th-priority, and “post-petition” taxes a debtor incurs after filing as a 2nd-priority administrative expense.

The good news here, at least for those of us not watching our weight, is that Twinkies might not be quite past their final expiration date. Popular consumer brands are worth big money in today’s crowded marketplace. Hostess should be able to sell the Twinkies name and recipe to a rival like Kellogg (owner of Sara Lee) or Mexico’s Grupo Bimbo (owner of Entenmann’s). So odds are strong that Twinkies will someday appear back on your grocer’s shelf. (Rumour has it that Twinkies are pumped so full of preservatives that they have no expiration date, which makes them as likely to survive a nuclear holocaust as the cockroaches. We’d hate to see them taken down by a simple bit of financial trouble!)

Our job, of course, is to help you manage your business and your finances to avoid the same fate as Hostess. We understand that planning is the key to minimizing the tax man’s share of your Twinkie, and we’re here to give you the plan that’s right for you. But time is running out to plan for 2012, and many of the best tax breaks go stale on December 31. So don’t wait to call us for your plan!

Self-employed Retirement Plans – If you are self-employed and haven’t done so yet, you may wish to establish a self-employed retirement plan. Certain types of plans must be established before the end of the year to make you eligible to deduct contributions made to the plan for 2012, even if the contributions aren’t made until 2013. You may also qualify for the pension start-up credit.

Increase Basis – If you own an interest in a partnership or S corporation that is going to show a loss in 2012, you may need to increase your basis in the entity so you can deduct the loss, which is limited to your basis in the entity.

Hire Veterans – If you are considering hiring some new employees between now and the end of the year, you might consider hiring a qualifying veteran so that you can qualify for the work opportunity tax credit (WOTC). The WOTC for hiring veterans in 2012 ranges from $2,400 to $9,600, depending on a variety of factors (such as the veteran’s period of unemployment and whether he or she has a service-connected disability).

Purchase Equipment – If you are in the market for new business equipment and machinery and you place them in service before year-end, you will qualify for the 50% bonus first-year depreciation allowance. Or, you can elect to expense up to $139,000 of the newly acquired items using the Sec 179 expensing allowance. The $139,000 expense limit is reduced by one dollar for every dollar in excess of the $560,000 annual investment limit.

Purchase an SUV for Business – If you are in the market for a business car, and your taste runs to large, heavy SUVs (those built on a truck chassis and rated at more than 6,000 pounds gross [loaded] vehicle weight), consider buying in 2012. Due to a combination of favorable depreciation and expensing rules, and depending on the percentage of business use, you may be able to write off most of the cost of the heavy SUV this year.

These are just some of the year-end steps that can be taken to save taxes. Please contact this office so we can tailor a plan to your particular needs.

Even with the uncertainty, there are actions you can still take before the end of the year that can save a considerable amount of tax.  Not all actions recommended in this article will apply to your particular situation, but you will likely benefit from many of them.

Maximize Education Tax Credits – If you qualify for either the American Opportunity or Lifetime Learning education credits, check to see how much you will have paid in qualified tuition and related expenses in 2012.  If it is not the maximum allowed for computing the credits, you can prepay 2013 tuition as long as it is for an academic period beginning in the first three months of 2013. That will allow you to increase the credit for 2012.

Employer Health Flexible Spending Accounts – If you contributed too little to cover expenses this year, you may wish to increase the amount you set aside for next year. As a reminder, you can no longer set aside amounts to get tax-free reimbursements for over-the-counter drugs, and the maximum contribution for 2013 is $2,500.

Maximize Health Savings Account Contributions – If you become eligible to make health savings account (HSA) contributions late this year, you can make a full year’s worth of deductible HSA contributions even if you were not eligible to make HSA contributions for the entire year. This opportunity applies even if you first become eligible in December. In brief, if you qualify for an HSA, contributions to the account are deductible (within IRS-prescribed limits), earnings on the account are tax-deferred, and distributions are tax-free if made for qualifying medical expenses.

Roth IRA Conversions – If your income is unusually low this year, you may wish to consider converting your traditional IRA into a Roth IRA. The lower income results in a lower tax rate, which provides you an opportunity to convert to a Roth IRA at a lower tax amount.

State Income Taxes – State income taxes paid during the year are deductible as an itemized deduction on your federal return. As long as pre-paying the state taxes does not create an AMT problem and you expect to owe state and local income taxes when you file your 2012 return next year, it may be appropriate to increase your withholding at your place of employment or make an estimated tax payment before the close of 2012, thereby advancing the deduction into this year.

Advance Charitable Deductions – If you regularly tithe at a house of worship, you might consider pre-paying part or all of your 2013 tithing, thus advancing the deduction into 2012. This can be especially helpful to individuals who marginally itemize their deductions, allowing them to itemize in one year and then take the standard deduction in the next.

Pay Tax-deductible Medical Expenses – For example, if you have outstanding medical or dental bills, paying the balance before year-end may be beneficial, but only if you already meet the 7.5% of the AGI floor for deducting medical expenses, or if adding the payments would put you over the 7.5% threshold. You can even use a credit card to pay the expenses, but you would only want to do so if the interest expense you’d incur is less than the tax savings. You might also wish to consider scheduling and paying for medical expenses, such as glasses, dental work, etc., before the end of 2012, since the medical floor is slated to increase to 10% of the AGI in 2013 for taxpayers under the age of 65.

Don’t Forget Your Minimum Required Distribution – If you have reached age 70-1/2, you are required to make minimum distributions (RMDs) from your IRA, 401(k) plan, and other employer-sponsored retirement plans. Failure to take a required withdrawal can result in a penalty of 50% of the amount of the RMD not withdrawn. If you turned age 70-1/2 in 2012, you can delay the first required distribution to the first quarter of 2013, but if you do, you will have to take a double distribution in 2013. Consider carefully the tax impact of a double distribution in 2013 versus a distribution in both this year and next.

Take Advantage of the Annual Gift Tax Exemption – You can give $13,000 in 2012 (increases to $14,000 in 2013) to each of an unlimited number of individuals, but you can’t carry over unused exclusions from one year to the next. The transfers also may save family income taxes when income-earning property is given to family members in lower income tax brackets who are not subject to the kiddie tax.

Avoid Underpayment Penalties – If you are going to owe taxes for 2012, you can take steps before year-end to avoid or minimize the underpayment penalty. The penalty is applied quarterly, so making a fourth-quarter estimated payment only reduces the fourth-quarter penalty. However, withholding is treated as paid ratably throughout the year, so increasing withholding at the end of the year can reduce the penalties for the earlier quarters. This can be accomplished with cooperative employers or by taking a non-qualified distribution from a pension plan, which will be subject to a 20% withholding, and then returning the gross amount of the distribution to the plan within the 60-day statutory limit. Please consult this office to determine if you will be subject to underpayment penalties (there are exceptions), and if so, the best strategy to avoid or minimize them.

Be Aware of Two New Health Care Taxes in 2013 – Both can have unexpected consequences. If you expect your 2013 income to exceed the thresholds at which one or both of the new taxes applies, and you are able to accelerate some of the income you anticipate for 2013 into 2012, it may be beneficial to do so.

• Additional Hospital Insurance Tax – This additional 0.9% tax is imposed upon wage earners and self-employed taxpayers starting in 2013 whose wages and self-employment income exceeds a threshold amount.  The threshold is $250,000 for married taxpayers filing jointly ($125,000 if filing separately) and $200,000 for all others. Although each employer will withhold the additional tax, the employer is not required to account for other employment or both spouses working. Thus, in these situations where the total earned income exceeds the threshold amounts, the unpaid tax will have to be included on the 2013 tax return. Employees may want to adjust their 2013 withholding amounts or make estimated tax payments to account for the additional tax. Self-employed taxpayers subject to the tax will need to increase their 2013 estimated tax payments to cover the additional amount.
• Unearned Income Medicare Contribution Tax – Obviously, our politicians came up with the name.  This is not a “contribution”; this is actually a 3.8% surtax on the lessor of a taxpayer’s net investment income or the excess of the taxpayer’s modified adjusted gross income in excess of the threshold amount, which is the same amount as for the additional hospital insurance tax explained above.  This surtax would apply to home sale gain where the long-term gain substantially exceeds the $250,000 home-sale exclusion amount ($500,000 for joint filers). Withholding and estimated taxes should be increased as necessary to cover this “contribution.”

Caution – There are additional factors to consider for a number of the strategies suggested above, and you are encouraged to contact this office prior to acting on any of the advice to ensure that your specific tax circumstances will benefit.