1 TAX TIPS NEWSLINE Proudly Published in the USA JUNE 2017 Produced monthly for Clients & Friends of the ADVISORY GROUP ASSOCIATES. Our Mission. Sharing Solutions that deliver real value. This “TAX TIPS NEWSLINE” is compiled by the founder of the Tax & Advisory firms, Frank L. Zerjav, CPA and team of Professional Tax Associates, and then it is sent by email each month because you need tax and compliance knowledge. It’s a big part of your life and the entities that you operate. The CPA firm engages in proactive Strategic Tax Planning for privately-held businesses and their owners, professionals, investors and individuals. Our clients minimize their tax burden by appropriate proven strategies, which help them to keep more of what they earn. Advisory Group’s Tax Resolution Experts also engage in resolving tax problems with either Federal or State tax agencies for clients who need these specialized, proven solutions and options. Our devoted team of Professional Tax Advisors and Tax Resolution Experts do care; their primary objective is the well-being of clients, their family and their survivors, as well as their satisfaction with the work we do, while our goal is to be the premier choice of Tax & Advisory firms, not the biggest firm by sharing solutions that deliver real value. SUMMER HOURS: The office will close at 12pm on Fridays during June, July and August Inside this Month’s Issue Contact Us About A Sane Approach To Taxes Stress-Free Tax Compliance For Business Owners Consider a “Solo” Individual 401(k) Retirement Plan Tax Return Preparers are Part of Tax Compliance Lock in the Home-Office/Storage Deduction for Your Corporation The Home-Office/Storage Deduction – General Opportunities Avoid Lost Deductions When Vehicle is in your Personal Name IRS Mileage Rate Costs Deductions on a Leased Vehicle Rental of Home to C or S Corporation Improve Retirement Savings with an HSA Minimize Taxes on Lawsuit Awards & Settlements ROTH IRA Conversion Strategy to Avoid Taxes Wide Range of Services Offered
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TAX TIPS NEWSLINE Proudly Published in the USA
JUNE 2017
Produced monthly for Clients & Friends of the ADVISORY GROUP ASSOCIATES.
Our Mission. Sharing Solutions that deliver real value.
This “TAX TIPS NEWSLINE” is compiled by the founder of the Tax & Advisory firms, Frank
L. Zerjav, CPA and team of Professional Tax Associates, and then it is sent by email each month
because you need tax and compliance knowledge. It’s a big part of your life and the entities that
you operate.
The CPA firm engages in proactive Strategic Tax Planning for privately-held businesses and
their owners, professionals, investors and individuals. Our clients minimize their tax burden by
appropriate
proven strategies, which help them to keep more of what they earn. Advisory Group’s Tax
Resolution Experts also engage in resolving tax problems with either Federal or State tax
agencies for clients who need these specialized, proven solutions and options. Our devoted
team of Professional Tax Advisors and Tax Resolution Experts do care; their primary
objective is the well-being of clients, their family and their survivors, as well as their
satisfaction with the work we do, while our goal is to be the premier choice of Tax &
Advisory firms, not the biggest firm by sharing solutions that deliver real value.
SUMMER HOURS: The office will close at 12pm on Fridays during June, July and August
Inside this Month’s Issue
Contact Us
About A Sane Approach To Taxes
Stress-Free Tax Compliance For Business Owners
Consider a “Solo” Individual 401(k) Retirement Plan
Tax Return Preparers are Part of Tax Compliance
Lock in the Home-Office/Storage Deduction for Your Corporation
The Home-Office/Storage Deduction – General Opportunities
Avoid Lost Deductions When Vehicle is in your Personal Name
IRS Mileage Rate Costs Deductions on a Leased Vehicle
Rental of Home to C or S Corporation
Improve Retirement Savings with an HSA
Minimize Taxes on Lawsuit Awards & Settlements
ROTH IRA Conversion Strategy to Avoid Taxes
Wide Range of Services Offered
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Contact Us - There are many events that occur during the year that can affect your tax situation.
Preparation of your tax return involves summarizing transactions and events that occurred during
the prior year. In most situations, treatment is firmly established at the time the transaction
occurs. However, negative tax effects can be avoided by proper planning. Please contact us in
advance if you have questions about the tax effects of a transaction or event, including the
following:
• Pension or IRA distributions. • Sale or purchase of a residence or • Self-employment.
• Significant change in income or deductions. other real estate. • Charitable contributions of
• Job change. • Retirement. property in excess of $5,000.
• Marriage. • Notice from IRS or other revenue • Gifts (over $14,000 to an
• Attainment of age 59½ or 70½. department. individual).
• Sale or purchase of a business. • Divorce or separation. • Starting new business.
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ABOUT A SANE APPROACH TO TAXES
Taxes are the kind of thing that tends to drive a professional, business and real estate owner up a
wall. With complex laws, strict enforcement agents, and constant changes, the tax code can
easily trip up someone who spends most of their time focusing on creating a viable business. It’s
important for you to maintain a sane approach to taxes, and our goal is to enable you do that.
Taxation Background
U.S. income taxes stem from the 16th Amendment, passed in 1913. Direct taxes on individuals
had been forbidden previously, and over the past century the tax laws have steadily grown, along
with the Internal Revenue Service designed to implement taxation policy. There are five major
sources of tax law and interpretation in the United States:
Internal Revenue Code, tax laws passed by Congress;
Regulations, interpretations made by the Treasury Department;
Revenue Rulings, which are specific interpretations made by the IRS;
Revenue Procedures, which are specific policy statements the IRS makes; and
Case Law, rulings made by federal courts about taxation issues.
It all works together to create a tangled web that applies to both individuals and corporations,
enforced by the IRS and its agents. Tax rules are constantly changing, with new developments in
each of the five areas listed above. The complex code has created an industry for tax
professionals, who must spend countless hours every year keeping current on the various tax
laws, using that expertise to handle the process for the average citizen, who can’t possibly keep
up.
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Taxation is serious business, because the IRS and its agents are tasked with making sure that
each entity pays the taxes it owes. You don’t want to get involved in a long, costly legal fight
with the IRS. Although you shouldn’t just “cave in” to a situation where you have a strong case
that would significantly benefit your business, you need to choose your battles carefully. As a
government agency, the IRS has a lot more resources than you, and can often turn a fight into a
no-win situation.
How should you think when it comes to taxes? Even though none of us will ever enjoy filling out
our annual tax forms, you need to keep a balanced approach. An extreme reaction to taxation can
lead you to make mistakes that you’ll regret down the road. Here are tips about a balanced, sane
approach to taxes:
Recognize your responsibility to pay your fair share of the government’s budget.
Recognize the IRS’s right to collect the income tax.
Stay away from tax evasion schemes. If someone offers you a tax kit that will supposedly
exempt you from tax, or puts your money in some offshore bank you’ve never heard of,
just say no.
Identify and claim every deduction you’re legally entitled to, no more, no less.
Learn about the IRS—the way it thinks, operates, and acts as it approaches its assigned
task.
Focus more on knowing how the IRS interprets the law; the interpretations in practice
tend to be more important than the actual letter of the law.
Learn how to report your income without providing excess data that increases the chance
of an IRS audit.
Even if you prepare your own tax returns, find a trustworthy Professional Tax Advisor;
you can always get some help and guidance and benefit from a professional’s review of
your returns to find mistakes or missed opportunities.
Don’t be afraid of the IRS. There are some true stories of IRS abuses, but the IRS is
usually reasonable when dealing with taxpayers, and the Taxpayer Advocacy Program is
an effective help for dealing with a large, complex system.
Never, ever, ever intentionally fail to report your income or file returns when you
can’t remit the tax due.
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STRESS-FREE TAX COMPLIANCE FOR BUSINESS OWNERS
For most people, tax time only comes once a year, but for Professionals, business, real estate
owners, and the self-employed, it rears its ugly head in the form of quarterly tax payments four
times a year. And because owners already have so many worries on their plate, thinking about
and planning for taxes can be an easy task to keep moving down the To Do list.
Often entrepreneurs launch their first business without giving taxes much of a thought. Of
course, when it was time to make their first tax payment that was something they deeply
regretted. Over time, they get better at managing the tax-side of the business and even grow to
appreciate the process. If you’re a business owner overwhelmed with anxiety at the thought of
paying your taxes, here are a few tips:
Take full advantage of a home business. If you run your business from home, take full
advantage of the benefits that come with it. For example, depending on how much of your home
facilities are devoted to your business and how much business you do from home (e.g. do you
use it for significant management or administrative activities?) you can claim the Home
Office/Storage Tax Deduction.
The good news is that because of the growing sharing economy there are many options for
entrepreneurs who want to start businesses out of their homes. For example, you can turn your
love for dogs into a dog-sitting business. You might also convert your love of writing into a
copywriting business or your knack for drawing into a graphic design business. There are many
websites where you can offer your services, or you can always tap into your social media
networks to get hired.
Stay organized. While it can certainly be a bummer to send off a portion of your hard-earned
money to the IRS, that isn’t usually where the anxiety and stress of paying taxes factors in for
business owners. From our experience, and in speaking with fellow entrepreneurs, the real drag
is compiling all of the information you need in order to figure out your tax bill. Tracking down
all those receipts, invoices, pay stubs, etc. takes a lot of time out of a business owner’s already
very busy day. The best way to avoid that tax time stress is to stay organized throughout the year.
Implement systems or use software that will help you keep track of all those details.
Don’t miss out on deductions. The bright light in the taxes tunnel are deductions, so be careful
not to leave any of those stones unturned. As a business owner, you’ll have many opportunities
for deductions. In fact, there are many opportunities for taking deductions that you shouldn’t
miss. Along with the home facilities deduction, you should also look for deductions if money is
spent for office furniture, supplies, or other equipment. You can also deduct insurance premiums,
retirement contributions, and half of your Self-Employment taxes.
Identify and claim every deduction you are entitled to, no more, no less.
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Don’t go it alone. Business owners often are convinced that they can do everything themself.
If they can juggle managing employees, attracting new clients, and taking care of customers,
then doing their taxes should be a breeze. They often will realize how wrong they were and
didn’t have the skill set needed to effectively and efficiently do their taxes, and that is okay.
There is no shame in having someone else do the accounting, payrolls and taxes. In fact, it’s
probably the best way to ensure you take advantage of all the deduction opportunities and other
incentives and credits that are available for you. Outsourcing allows you to spend more time
growing your business, not doing administrative, compliance and bookkeeping tasks, in addition
to earning bigger net profit margins.
Paying taxes will never be fun. But when steps are taken to make it less stressful, you can
ensure your tax worries don’t take valuable time away from actually focusing on your
business. And who knows, it may even lead to a very satisfying tax refund!
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CONSIDER A “SOLO” INDIVIDUAL 401(k) RETIREMENT PLAN
Strategy: Launch a “solo 401(k) plan.” If you qualify, you can effectively benefit from both
“employee” and “employer” contributions. In many cases, this dual tax winner can’t be beat
because it often allows you to sock away and deduct more money than any other type of
retirement plan.
An owner-employee and family employees participating in a traditional 401(k) plan can make an
elective deferral contribution to the plan within the annual limits and the employer may match
part of the contribution, usually up to a single digit percentage of their salary.
A solo 401(k) offers even more. For 2017, you could defer an employee elective contribution up
to $18,000 of compensation, plus an extra catch-up contribution of $6,000 is allowed if you’re
age 50 or older - the same as with elective deferrals to a traditional 401(k). Of course, the limits
on deductible employer contributions still apply, but here’s the kicker: Elective deferrals to a
solo 401(k) don’t count toward the 25% cap. The owner-employee can combine a 25% employer
contribution, plus make an employee elective deferral contribution for greater savings.
Those contributions to a solo 401(k) grow tax-deferred until you’re ready to make withdrawals.
If the business isn’t incorporated, the 25%-of-compensation cap on employer contributions is
reduced to 20% because of the way contributions are calculated for self-employed individuals.
But that still leaves you with plenty of room to maneuver.
A solo 401(k) offers other advantages. For instance, the plan can be set up to allow loans and
hardship withdrawals. Also, you might roll over funds tax-free from another qualified plan if you
previously worked somewhere else and benefit from total asset protection of your funds held in a
ERISA protected 401(k) trust even after the business itself is closed.
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Tip: Contributions are discretionary. Therefore, the participant can cut back on their
annual contribution - or skip it entirely - if the business is having a bad year.
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TAX RETURN PREPARERS ARE PART OF TAX COMPLIANCE
Our team of Professional Tax Advisors & Experts want you to know that they are on your
side when it comes to tax law planning strategies and Compliance.
On the Compliance side, tax law has some rules that force us to be on your side. For example, to
avoid tax code penalties, our Professionals are required to:
• give you a copy of the tax return we prepared;
• sign the tax return that was prepared;
• put preparer tax identification number (PTIN) on the tax return;
• retain copies of the tax returns prepared or keep a list of the tax returns prepared
(either is acceptable) for three years; and
• retain the names, taxpayer identification numbers, and work locations of any tax
return preparers employed for three years from the end of each return period.
As an individual, investor, professional, real estate or business owner, you have to like pretty
much all of those above penalties, because those penalties help make sure that we are taking care
of you.
All tax law penalties that apply to our team of tax Professionals are not necessarily favorable to
you. For example, we have to complete a paid preparer’s due diligence checklist and attach that
to your tax return when you qualify for certain tax credits. The checklist turns the tax return
preparer into an IRS auditor for those credits.
That sounds horrible, but it’s really not bad. After all, whom would you rather have as an
auditor, our team or the IRS? And with us in your corner, you get this added benefit: lower
chances of an IRS audit. That’s what our signature on your tax return means.
There is one area where you can help with your planning. By law, our team is exposed to
penalties for any unreasonable position on your tax return. Positions supported by the tax
law are not unreasonable. When you come to us with a new idea, please make sure (as we
would do with an idea) that the idea is grounded in the tax law. Even better, bring us the
idea supported with tax code references.
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LOCK IN THE HOME-OFFICE/STORAGE DEDUCTION
FOR YOUR CORPORATION
The home-office/storage tax deduction provides tax savings to professionals and business or real
estate owners. It turns otherwise nondeductible personal expenses into valuable business
connected deductions.
When you operate your business as a proprietorship, you simply deduct home-office expenses on
Schedule C. But when you operate your business as either a C or S corporation, you face special
rules to achieve the same benefits.
And then, there’s just one right way to get the full benefit of the home-office deduction for your
corporation, and that’s by using the reimbursement method. The reason the reimbursement
method is the one right way is simple - it’s the only way that works! Here’s how:
1. As an employee of your corporation, you submit expense reports to your corporation for
the expenses of your home office.
2. The corporation reimburses you for the home office and claims 100 percent of the
home-office deduction as office space on its corporate tax return.
3. You receive the reimbursement as reimbursed employee business expenses. Such
employee reimbursements are not taxable to you.
With the home office at the corporate level, you (the employee) need to submit expense reports
that satisfy the rules for the home-office deduction. This can be tricky, and that’s where one of
our Professional Tax Advisors comes in to help with this.
The recent IRS Newswire Issue Number IR-2017-96 stated that the Home Office/Storage
deduction is often overlooked by professionals and business or real estate owners and lists two
methods for computing the business use of home facilities:
Regular Method. The first option for calcu1ating the Home Office Deduction is the Regular
Method. This method requires computing the business use of the home facilities by dividing the
expenses of operating the home between personal and business use. Direct business expenses are
fully deductible and the percentage of the home floor space used for business is assignable to
indirect total expenses. Self-employed taxpayers file Form 1040, Schedule C, Profit or Loss From
Business (Sole Proprietorship), and compute this deduction on Form 8829, Expenses for Business
Use of Your Home.
Simplified Method. The second option, the Simplified Method, reduces the paperwork and
recordkeeping burden for small businesses. The simplified method has a prescribed rate of $5 a
square foot for business use of the home. There is a maximum allowable deduction available
based on up to 300 square feet. Choosing this option requires taxpayers to complete a short
worksheet in the tax instructions and entering the result on the tax return. There is a special
calculation for daycare providers. Self-employed individuals claim the home office deduction on
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Form 1040, Schedule C, Line 30; farmers claim it on Schedule F, Line 32 and eligible employees
claim it on Schedule A, Line 21.
Regardless of the method used to compute the deduction, business expenses in excess of the gross
income limitation are not deductible currently, but can be carried forward. Deductible expenses for
business use of a home include the business portion of real estate taxes, mortgage interest, rent, casualty
losses, utilities, insurance, depreciation, maintenance and repairs. In general, expenses for the parts of the
home not used for business are not deductible.
Deductions for business storage are deductible when the dwelling unit is the sole fixed location of the
business or for regular use of a residence for the provision of daycare services; exclusive use isn’t
required in these cases.
Further details on the home office deduction and the simplified method can be found in IRS Publication
587, including the principal place of business requirements.
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THE HOME-OFFICE/STORAGE DEDUCTION – GENERAL OPPORTUNITIES
If you work out of your home you’re part of a growing trend. What’s important to you, however,
is that you may qualify for some valuable federal income tax deductions. You may be able to
deduct part of your home’s normal operating expenses for items such as utilities and insurance,
you may be able to claim write-offs for depreciation or lease payments, depending on whether
you own or rent, and you may even get some extra business car deductions. The tax-saving
opportunities available to you will depend not only on the type of work you do at home, but
where in the home you perform it.
You won’t get any home-office-type deductions unless you regularly and exclusively use a
room or specific area in your home or apartment for business. So, for example, you don’t get
deductions if you work out of a room that your family also uses as a den. In addition, generally
the office must either be the principal place of your business, or a place where you meet or deal
with clients or customers.
If you’re a professional such as a doctor, dentist, or consultant who regularly meets with clients
or patients in the home, you probably qualify for home-office deductions, but you may benefit
from help on how best to allocate “shared” personal/business expenses.
If you don’t meet with clients in your home office, qualifying for home office deductions usually
still is no problem if your home is your only business location. However, the rules are more
complicated if some aspects of your business are performed in the home, and others are
performed outside the home. In this situation, there is a question as to whether or not the office is
your principal place of business. Often, there is a fine line between qualifying and not
qualifying. And the rules seem to change often.
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If you’re an employee who regularly comes home from the office with a loaded briefcase,
catching up on paperwork at home won’t do you any tax good. Employees qualify for
home-office deductions only if they work at home for the convenience of their employer. So
there are no deductions if you decide on your own to do office work during evenings and
weekends, or work a couple of days a week at home because you’ll get more done. And even if
your employer requires you to work at home, you don’t get any extra deductions unless you also
get by the home-office hurdles.
One drawback to the home office deduction is the impact it may have upon the eventual sale of
your home. If you have taken depreciation deductions on the part of your home you use as an
office, that amount will not qualify for the tax-exemption you otherwise get on the gain from the
sale of your house, although gain from depreciation recapture can be deferred if the residence is
exchanged for like-kind business property. And if 100% of your home did not qualify as your
principal residence for at least two of the five years preceding the sale, you will have to pay
capital gains tax on the business portion of your house. Generally, though, if a home office is
physically part of the residence, the entire residence qualifies for the home-sale exclusion. An
additional consideration for the many taxpayers who now find themselves within the reach of the
alternative minimum tax (AMT) is the requirement that some prior depreciation may be subject to
“recapture” as additional income for AMT purposes.
A simplified option. The simplified option allows a taxpayer to calculate the amount of
allowable deductible expenses for business use of a home for the tax year by multiplying the
allowable square footage by the prescribed rate. The allowable square footage is the portion of
the home used in a qualified business use of the home, but not to exceed 300 feet. The prescribed
rate is $5.00. Effectively, the simplified option provides a maximum deduction of $1,500 (300
square feet multiplied by $5.00). The IRS indicated that it may update the prescribed rate from
time to time. Although the overall tax benefit in using the simplified option may not be as great
as when all related expenses are accounted for, it may be worth exploring to reduce compliance
and recordkeeping costs.
As you can see, working at home may be anything but simple from a tax standpoint. We’ll be
happy to supply complete details on how the rules work in your situation, and how to make the
most of them. If you need any help, don’t hesitate to call. We can help you weigh the advantages of
a home office deduction against the potential for subsequent increased taxes. You should also
contact one of our Professional Tax Advisors if you’ve been taking a home office deduction and
you’re now thinking of selling your combined home office/storage. With some advance tax
planning, you may be able to minimize taxes on the transaction.
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AVOID LOST DEDUCTIONS WHEN VEHICLE IS IN YOUR
PERSONAL NAME
If you are considering buying a new or replacement vehicle, this brings up some tax issues to consider. First, should you own the vehicle in your personal name, or should you have your corporation
own the vehicle?
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Let’s say that it makes financial sense for you to own the vehicle personally.
The best alternative is to have the corporation reimburse you for the vehicle expenses. This is true
regardless of your method of deduction (IRS standard mileage rate or actual expenses method).
Here’s what happens when your corporation properly reimburses you for the expenses:
1. You as the employee do not have taxable income.
2. The corporation gets the full deduction the law allows for the expenses.
3. If the corporation is an S corporation, then those expenses reduce the corporate income, and the
corporation passes that reduced income to you— as a shareholder of your corporation.
To make this work at the corporate level, you need the corporate reimbursement of:
• Either business mileage at the mileage rate or actual operating expenses, such as gas and oil and
insurance, to follow the general requirements for an “accountable reimbursement plan” expense
report; and
• Section 179 expensing, bonus depreciation, and MACRS depreciation to follow an “accountable
reimbursement plan” enhanced expense report.
If you are looking for your corporation to reimburse you for actual expenses (perhaps even Section
179 deductions and/or bonus depreciation), one of our Professional Tax Advisors can help you get
the required accountable expense reporting plan in place.
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IRS MILEAGE RATE COSTS DEDUCTIONS
ON A LEASED VEHICLE
Here’s some news: Three reasons that leasing might make keeping receipts likable:
1. The IRS creates the mileage rate based on you personally owning the vehicle.
2. The IRS adds an unfriendly rule for those who use the mileage rate on a leased vehicle.
3. The mileage rate includes a zero tax deduction for interest expense meaning that when
you own the vehicle you can separately deduct the business interest. But with a lease,
there’s no separate interest deduction.
The three reasons add up to the possibility that the standard IRS mileage rate is to your monetary
disadvantage on a lease. And if that’s true and you choose the mileage rate, you encounter the
unfriendly rule that saddles you with the money-losing mileage rate for the life of that lease.
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This means on a leased vehicle you really need to determine whether the actual expense method
or the IRS mileage method is best before you select your method and file your tax return. With
the lease, once you file your return, you have established your deduction method for the life of
the lease and if that’s to your disadvantage, too bad.
You need to select the best option for tax effective results which would be the actual
expense method when leasing a vehicle. This method also requires keeping receipts of the
expenses incurred.
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RENTAL OF HOME TO C OR S CORPORATION
We had a great conversation with one of our clients about the rental of their personal home for
14 DAYS OR LESS to the corporation for its business meetings.
To give context to this, here’s a basic result from this strategy: John rents his home to his
corporation for 14 days of corporate meetings. The fair rental value of the home is $1,400 a day
for a total deduction of $19,600 for the corporation.
John receives the $19,600 tax-free because he rented his personal residence for 14 days or less
during the year.
Our team of Professional Tax Advisors examined the law together, and agreed that the law
allows both this deduction to the corporation and tax-free receipt by the homeowner. It’s a great
strategy, yet others might believe it to be too aggressive.
In our opinion, if a strategy comes directly from the tax law, it’s about impossible to be too
aggressive. It’s simply a matter of law.
The 14-days-or-less rental of your personal home to the corporation is a great strategy that comes
directly from the law, and we would like to discuss how this strategy can work to your benefit.
If you are interested, please contact one of our Advisors to set up a time to discuss how and
when this works. And if it does work for you, to help you put the strategy in place.
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IMPROVE RETIREMENT SAVINGS WITH AN HSA
We are big on wanting clients to plan their retirement savings.
Our team of tax professionals doing some tax research noted this extra boost that you can give to
your retirement savings. It’s the health savings account (HSA), which is in a way the Swiss
Army knife of savings accounts. Not only does the HSA provide big benefits for medical
expenses, but it is also a powerful tool to supplement your retirement savings.
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If given a choice of putting money into either a traditional IRA or an HSA, the money in the
HSA would perform better than the money in the IRA. Why? With the HSA, it’s possible to
avoid taxes forever. You can’t do that with a traditional IRA because you pay taxes on the back
end when you withdraw funds.
With an HSA, you can withdraw funds at any time, tax free, to use for qualified medical
expenses. When you reach Medicare-eligibility age (age 65), you qualify for an added benefit
because you can use the HSA funds to cover your health insurance premiums, including
Medicare Part B premiums and long-term care insurance premiums. These expenses are
inevitable, so why not pay them with tax-free cash?
Of course, we want you to have all your retirement accounts growing tax free or tax deferred.
Now you could have both the traditional IRA and the HSA. You should also consider the Roth
IRA, the 401(k), and the defined benefit plan.
The HSA can work very well if that fits your medical needs at the moment. And if it fits your
needs for many years, you could have a nice nest egg later.
If you would like to discuss the various retirement planning options available to you, please
do not hesitate to contact one of our Professional Tax Advisors.
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MINIMIZE TAXES ON LAWSUIT AWARDS & SETTLEMENTS
In many cases the government hits your lawsuit award or settlement with the double whammy of
• a tax bill on the gross dollar amount of the award or settlement, and
• a reduction to or even elimination of your legal fees tax deduction.
If you win your case, you can’t make the taxable part of the award disappear if the award isn’t
due to a physical injury or illness.
But with some tax planning, we can help you increase the possibility of turbocharging your legal
deductions. To make this happen, you need to qualify the legal fees deduction as an adjustment
to income.
An adjustment to income is much more valuable to you than the standard legal fees deduction:
• You don’t have to itemize deductions to benefit from the adjustment.
• There’s no 2 percent of adjusted gross income (AGI) threshold to meet before you get
your adjustment.
• You don’t add the adjustment back to your income for alternative minimum tax (AMT)
purposes.
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• Since the adjustment lowers your AGI, you might be able to take tax breaks for lower-
AGI tax deductions (such as education credits) or avoid taxes on higher-AGI tax triggers
(such as the net investment income tax).
To qualify for this favorable above-the-line treatment, you must pay the legal fees in connection
with an action involving one of the following types of claims:
• Unlawful discrimination
• Certain claims against the United States government
• A private cause of action under the Medicare Secondary Payer statute
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ROTH IRA CONVERSION STRATEGY TO AVOID TAXES
If you have money in a traditional IRA and want to take advantage of a Roth IRA conversion,
you need to know about the pro-rata tax treatment of conversions.
If you have both tax deferred and after tax money in a traditional IRA, you could face hefty taxes
on the deductible IRA money, since you must convert a pro-rata amount of deductible and
non-deductible money.
If you want to convert just your after tax money, which is common when using a backdoor Roth
IRA strategy, you can use this Roth IRA conversion strategy to avoid taxes if your 401k provider
allows transfers of IRA money.
Roth IRA Conversion Strategy to Avoid Taxes. When you make a Roth IRA conversion for
your IRA you must include a portion of tax-deferred money in the IRA in proportion to the
amount held.
Example:
Let’s say you have an IRA worth $100,000, with $50,000 (50%) tax deferred and $50,000 after
tax. If you complete a conversion of $20,000 to a Roth IRA, you will be responsible for taxes on
$10,000, or 50%. You cannot specify to convert only the after-tax money in the account.
If your 401k provider allows transfers of IRA money, you can transfer your deductible IRA
money to your 401k. When you convert your remaining non-deductible money in your
traditional IRA to your Roth IRA, it will be tax free!
Example:
If you used the tax-free strategy below, you would first move $50,000 of tax deferred money to
your 401k. Then, when you make your $50,000 Roth IRA conversion, the taxable amount will be
$0.
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Tax Free Roth IRA Conversion Steps:
1. Identify how much money in your IRA was (or will be) deducted on your taxes.
2. Move your deductible IRA money to your 401k.
3. Make a Roth IRA Conversion with your non-deductible money.
4. Report your conversion with 100% basis on form 8606.
5. The conversion will be tax free.
MORE CONSIDERATIONS
Which IRAs count? Don’t forget to account for all of your IRA money when you determine
how you might make this work. All IRAs including rollover IRAs are considered one IRA for
conversion purposes. The traditional IRA also includes your SEP-IRAs and SIMPLE IRAs.
Add additional money. Before your conversion, you can also contribute to a non-deductible
traditional IRA at your broker of choice up to the IRA Contribution Limits.
Don’t have a 401k? If you don’t have a 401k, or your current 401k provider doesn’t accept
incoming money, you could establish a solo 401k for the purpose of moving your deductible
money in your traditional IRA.
Keep detailed records. If you do this, you need to retain permanent, very detailed records.
Early retirement and Roth IRAs. This strategy sounds like a lot of work to move money into a
Roth IRA.... why would you want the hassle? If you are considering an early retirement, the Roth
allows much more flexibility in early withdrawals than a traditional IRA. After a conversion, you
only need to wait 5 years, then you can withdraw your conversion money tax free. A real benefit
for anyone considering early retirement!
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Contact us to schedule your consultation to identify proven
tax-smart strategies, options & solutions that deliver real value for
the professional services needed based upon your particular
situation by calling (314) 205-9595.
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