1 TAX TIPS NEWSLINE Proudly Published in the USA OCTOBER 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 all taxpayers 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 family-owned or 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. REMINDER, the October 16, 2017 (individual) deadline is very quickly approaching. You must deliver data and information for preparation of an accurate tax return immediately. As a reminder, the law allows the IRS to assert a late-filing penalty for Individual (Form 1040) tax returns not filed by their deadline. Please use the 2016 TAX ORGANIZER that was emailed January 22, 2017 for processing your tax information more efficiently (or call for an additional copy of your 2016 TAX ORGANIZER). Inside this Month’s Issue Contact Us Year-End Procedures – Best Practices Reimbursement Of Home Office/Storage Costs Claim Tax Credit When Sending Child To Camp Hire Your Children To Work In Your Business Planning: 100% Business Meals Vs. Usual 50% Allowance For Meals IRS Audit Defense: Using Court Decisions As Valuable Authority Strategies For An IRS Audit (Tried-And-True) Avoid Filing Partnership Returns With Little-Known Elections Retirement Plan Options Replacement Cost Vs. Actual Cash Value Option Tax And Accounting Issues For Business Owners Taxes For Self-Employed & Partnership Owners Wide Range of Services Offered
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TAX TIPS NEWSLINE Proudly Published in the USA
OCTOBER 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 all taxpayers 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 family-owned or 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.
REMINDER, the October 16, 2017 (individual) deadline is very quickly approaching. You
must deliver data and information for preparation of an accurate tax return immediately. As a
reminder, the law allows the IRS to assert a late-filing penalty for Individual (Form 1040) tax
returns not filed by their deadline. Please use the 2016 TAX ORGANIZER that was emailed
January 22, 2017 for processing your tax information more efficiently (or call for an additional
copy of your 2016 TAX ORGANIZER).
Inside this Month’s Issue
Contact Us
Year-End Procedures – Best Practices
Reimbursement Of Home Office/Storage Costs
Claim Tax Credit When Sending Child To Camp
Hire Your Children To Work In Your Business
Planning: 100% Business Meals Vs. Usual 50% Allowance For Meals
IRS Audit Defense: Using Court Decisions As Valuable Authority
Strategies For An IRS Audit (Tried-And-True)
Avoid Filing Partnership Returns With Little-Known Elections
Retirement Plan Options
Replacement Cost Vs. Actual Cash Value Option
Tax And Accounting Issues For Business Owners
Taxes For Self-Employed & Partnership Owners
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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YEAR-END PROCEDURES – BEST PRACTICES
Are your year-end accounting procedures a mess? If you answered, "What year end accounting
procedures?" You may need more help than you realize! You may find the answer to easier
year-end accounting with electronic accounting software or outsourced accounting for your
business.
Does a visit to your tax professional's office result in frustration for you, your accountant, and
your in house bookkeeper and a hefty tax bill? Were there a lot of surprises on your books? The
year-end trip to your tax accountant's office should be a stress free review of your company's
books, a time to catch up with a trusted tax & business advisor, and maybe even discuss some
new ideas for your business. It should not be a nail-biting time, with lots of head shaking and
sorting through records and paperwork. No one, not you, your bookkeeper, or your tax
professional, should be hearing financial information or learning about the financial state of the
company for the first time in this meeting. It should be just another opportunity to review the
books to make sure everything is in order.
If your quarterly tax filings were accurate, your balance for taxes come next April, 2018, should
be close to zero refunds from the government, no payments to the IRS. But, if you do have to
pay (or are getting money back), and if your bookkeeper followed accounting best practices, you
should already be able to estimate the amount.
Year-end accounting procedures aren't easy. But your bookkeeping staff should be able to
simplify the year-end tax accounting process and make it as easy as possible. If that wasn't the
situation this year or worse, and it has never been that way for your business, it may be time to
consider outsource accounting now. It's never too late to get your books in order.
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Year-End Best Practices: Your year-end tax filings should be preceded by a meeting with
your staff to make sure everything is in order for your tax professional.
Be systematic about keeping records. The key reason taxpayers lose out on deductions is they
don't keep the proper records or their records are in disarray when presented to their tax
professional. You cannot scramble around at the last minute looking for records and you cannot
expect the tax professional to manufacture records to support what you know to be deductible
expenses.
You Have to Present Some Proof. Get into the habit of making, organizing and keeping these
records on a systematic basis. The sooner you start, the more likely you will benefit.
Provide actual records to the preparer. Many tax professional preparers use a questionnaire
or other worksheet to gather the information needed to complete the return. However, many
people fail to complete their questionnaire fully or properly or do not understand all the
questions. For this reason, you should be proactive in requesting that the tax pro actually review
your documents or at least those you are unsure of, to determine whether you have overlooked
something important that could save you money.
Talk with your tax pro. To provide the most thorough preparation service possible, the tax pro
should know about you, your business and a bit about your lifestyle. This way, he knows better
what to look for in the way of deductible expenses.
Stay involved with your tax pro. If you have bad teeth, you can't blame a dentist if you either
failed to follow his advice or failed to consult him for advice in the first place. The same is true
of a tax pro. You have to stay involved with the tax preparer by consulting him for advice in the
first place, and as issues arise.
Look for a tax pro who educates you on the law. It's a lot easier to comply with record
keeping and reporting obligations if you understand the law you're trying to comply with. The
more you understand, the better you'll be able to provide relevant information and interact with
your preparer. Your tax pro should be willing to spend time briefing you or providing written
guidance on the areas of law that are relevant to you so you can better comply. This will help
you tremendously to save time and money in the long run. This monthly TAX TIPS NEWSLINE
intends to help educate you on the law.
Be aware of changing circumstances. The circumstances of your business and personal life
change often. You buy or sell a house. A child is born or one moves away from home. You
get married or divorced. You buy a business or dispose of one. You move to a new town or
get a new job in the same town. The list goes on. Do not carry out these substantial changes in
a tax vacuum. Be aware of your changing circumstances and get guidance from your pro -
preferably before the changes are final - as to the impact on your tax bill. Very often, a tax pro
can help arrange your affairs to reduce the tax bite or increase the tax breaks incident to the
change.
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Go over your return before signing it. You are ultimately responsible for what is in the
return, regardless of who prepares it. You should ask questions about it and make sure you
understand what the tax professional did before signing and mailing it. If you're uncomfortable,
don't file the return.
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REIMBURSEMENT OF HOME OFFICE/STORAGE COSTS
The related-party matching rule places your privately-held or family-owned business on the cash
method for deducting payments to related cash-method payees. You need to know this rule to
avoid unexpected tax results.
Here’s an example of unexpected results:
ABC is a calendar-year accrual-method corporation. Sam is the sole shareholder and thus related
under the matching rule. On December 30, 2017, ABC accrues $5,000 in rent payable to Sam
and pays it on January 15, 2018. ABC deducts the occupancy costs when it is included in Sam‟s
income, and that delays the ABC deduction until 2018, creating a mismatch and accounting
trouble for the 2017 accrual of the rent expense.
When Are Parties Related?
In an income tax context, related parties include the following:
1. An individual and his or her spouse, sibling, parent, child, grandparent, or grandchild.
2. A C corporation and an individual who owns more than 50 percent in value of the
outstanding stock.
3. An S corporation and a person who owns any stock in the corporation.
4. A partnership and a person who owns any capital or profit interest in the partnership.
5. A personal service corporation and any employee-owner, regardless of the amount of
stock owned.
6. A corporation and a partnership, if the same persons own more than 50 percent of the
value of the corporation‟s stock and the capital or profit interest in the partnership.
7. Two corporations, if the same persons own more than 50 percent in value of the
outstanding stock of each.
You likely noted in 2, 3, and 5 above that there is no minimum ownership threshold for S
corporations, personal service corporations, and partnerships (including LLCs taxed as
partnerships). But a “more than 50 percent” threshold does apply to C corporations and to
commonly controlled entities.
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Planning Around the Matching Rule
You can dodge the matching rule by
• ensuring that the parties are not related,
• timing payments, and/or
• changing the type of payment.
Remember, your in-laws, aunts, nieces, nephews, and cousins, as well as officers and employees
of the business, don‟t count as related parties.
Regarding the 50 percent threshold: Assume that you own 56 of the 100 outstanding shares of
MNO Inc., a C Corporation. You give a niece and a son-in-law three shares each. Since neither is
included when applying the constructive ownership rules, you now own 50 percent of MNO. For
C corporations, the matching rule kicks in when a person owns more than 50 percent of the
stock.
If you have concerns about this rule, do not hesitate to make a reservation for a
consultation with one of our Professional Tax Advisors to review your concerns and make
sure you know how to avoid unwanted surprises.
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CLAIM TAX CREDIT WHEN SENDING CHILD TO CAMP
You may be able to claim the child and dependent care credit if you pay expenses for the care of
your under-age 13 child or other qualifying person to enable you (and your spouse, if filing a
joint return) to work or look for work. Tax credits are the best because they give you a
dollar-for-dollar tax benefit.
The credit is a percentage of the work-related expenses you paid during the year for the care of a
qualifying person, such as your child under age 13.
The cost of camps and before- and after-school programs qualifies for the credit if the camps
are primarily for the protection and well-being of your child. On the other hand, the cost of
overnight camps, summer school, and tutoring programs does not qualify.
Although the credit is not large, it‟s free money. You would, and likely did, spend this money
without regard to the credit. This means you have likely done all you need to do to claim the
credit when it comes time for to prepare your tax return.
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HIRE YOUR CHILDREN TO WORK IN YOUR BUSINESS
You can pay your child to work in your business and get paid for paying your child.
The basic mechanics of this are (a) you deduct the wages and (b) your child pays zero or very
little in income taxes. The three points below elaborate on this:
1. The child (a single taxpayer) pays zero taxes on earnings up to the $6,350 standard
deduction amount. Say you pay tax-deductible wages of $6,350. This reduces your taxes
or gives you tax refunds. And the child pays no taxes. The government is the only player
who is out any money.
2. The child can use the traditional IRA to avoid taxes on $5,500, for a total of $11,850 on
which he or she can avoid taxes. You can pay this amount and reduce your taxes.
3. The child can use the 10 percent tax bracket, standard deduction, and traditional IRA so
as to pay itty-bitty taxes on earnings up to $21,175 while you reap the tax benefits of
paying your child this much larger amount.
To get this right, you need to pay the child on a W-2, have the child keep a time sheet, and create
proof of a reasonable wage.
And you will be happy to know that the IRS has approved employing children as young as seven
years old.
Here‟s another benefit: If the child working for a parent is under age 18, both the child and the
parent or parents are exempt from payroll taxes. In these cases, the parent operates a Schedule C
business, or both parents are the sole owners of a partnership.
Corporations are not parents. They do not qualify for this exemption from payroll taxes. Even so,
corporate hires of the owner‟s children usually produce good tax benefits.
In summary, all business owners can achieve tax benefits by hiring their children, regardless of
the type of business entity. But parents who are Schedule C owners or in spousal partnerships
achieve more benefit because neither they nor their under-age 18 children are subject to payroll
taxes.
If the hiring-your-child tax strategy is right for your situation, one of our Professional Tax
Advisors can help you get this plan in place in an audit-proof manner, call 314-205-9595 to
make a reservation for a consultation.
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PLANNING: 100% BUSINESS MEALS VS.
USUAL 50% ALLOWANCE FOR MEALS
Thanks to a recent decision by the Tax Court, we may be able to find new opportunities for you
to make certain business meals 100 percent deductible, versus their current 50 percent deductible
status.
Under the court‟s criteria, you can qualify for the 100 percent deduction if:
1. you own or lease an eating facility for your employees (this could be for a meeting you
hold in a hotel),
2. you operate the eating facility for your employees (you also can meet this requirement in
a hotel),
3. the eating facility is located on or near the business premises (the hotel could be your
business premises for this purpose),
4. you provide the meals during, or immediately before or after, your employee‟s workday,
5. you can exclude the value of the meals provided to the employees under Section 119,
which means that you provide the meals described above for your convenience, and
6. you provide the meals in a non-discriminatory manner with respect to highly
compensated employees.
Often a business gathers their employees in remote locations for legitimate business
purposes for meetings, conferences and training events. You should review those events to
see if the meals served qualify for the 100 percent deduction, as well as, of your other
activities as possibilities for 100 percent meal deductions such as “sales presentations” with
new or potential customers or clients.
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IRS AUDIT DEFENSE: USING COURT DECISIONS AS
VALUABLE AUTHORITY
On the surface, your tax return looks neat and tidy. Numbers in the right slots, and typefaces fit
nicely into the IRS tax forms.
But when you and the IRS disagree about an item on your tax return, you need more than
numbers in pretty fonts in the right slots. You need authority on your side to either win your case
or avoid a penalty.
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This is where our team of Professional Tax Advisors and Tax Problem Resolution Experts come
in. They first look to the Internal Revenue Code, IRS regulations, and IRS pronouncements.
Often, finding what is needed in the situation.
But if not, the team then turns to court decisions, because those court decisions often contains
valuable authority to convince the IRS that your tax position is correct. There are many courts at
different levels. What court gives you the best ammunition in a fight with the IRS?
A rough listing, in order:
1. U.S. Supreme Court
2. U.S. Circuit Court of Appeals (in your circuit)
3. U.S. Tax Court, U.S. Court of Claims, or U.S. District Court (in your district)
4. Circuit Court of Appeals or U.S. District Court outside of your jurisdiction
If the team can find your situation in a positive outcome from one of these courts, they have a
huge leg up convincing the IRS that your deduction is correct.
If the team does not find a case with true authority that contains your facts which the IRS would
have to follow then the second choice is any case in which the taxpayer won with facts like your
situation, because such a case also gives strong arguments that can usually be used to obtain a
satisfactory resolution for you.
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STRATEGIES FOR AN IRS AUDIT (TRIED-AND-TRUE)
If you are like most people, the scariest words in the English language are “IRS audit.” Not
“grim reaper,” not “root canal,” but “IRS audit.” You can just imagine this menacing IRS agent
knocking on your door and handing you a tax bill for thousands of dollars.
You feel so helpless. You tell yourself, “Who am I to take on the big, mean IRS?” Well, you‟re
not helpless, because we are in your corner. Not only does our team of Professional Tax
Resolution Experts take on the IRS for you, but they can also beat them - provided you have the
proof.
As you grow your business and make more money, your chances of an IRS audit increase. For
example, on an individual tax return, here are your chances of audit:
• one in 38 with $200,000 or more in income
• one in 10 with over $1,000,000 in income
• one in three with over $10,000,000 in income
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Also, you always have exposure to random IRS audits.
Let‟s assume you were not in the “lucky” category and the IRS sends you that ugly audit notice.
What do you do now? First, you contact us right away.
What will I do? This depends on whom you will face in the audit: a tax auditor or a revenue
agent.
If the IRS wants you to come to its offices, you likely will meet with a tax auditor. With just a
little time with us, you may be able to handle this by yourself, because tax auditors are not tax
experts. Or if you simply don‟t want to talk to the IRS, we can represent you with or without
your presence.
On the other hand, if the IRS wants to come to your offices, expect a revenue agent. In this type
of examination, you generally want one of our Experts with you who will speak the same
technical language as the revenue agent, and this helps ensure that you don‟t lose your rightful
deductions.
We hope that you never have to face the IRS, but when you are growing your business, that
increases your odds. Our team is always here to help you.
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AVOID FILING PARTNERSHIP RETURNS WITH
LITTLE-KNOWN ELECTIONS
As you know, running a business often means filing a separate business tax return.
But you may not be aware that for certain partnerships, you can avoid the separate return and
report the activity directly on your individual tax return, such as for the three activities below:
1. The qualified joint venture election is available if you and your spouse are the only
partners. Under this election, you file no partnership returns and simply report the income
and expenses on Form 1040, Schedule C. This does not work for spouse LLCs taxed as
partnerships, except for those LLCs in community property states.
2. The Section 761(a) election is available for non-related owners, but for a limited set of
activities, such as investment partnerships.
3. Rental properties aren‟t partnerships for federal tax purposes if you and the other co-
owners have only to keep the property maintained, in repair, and rented or leased. This
means you and your co-owners can report ownership interests on your personal tax
returns without making a special tax election.
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By reporting separately, you dramatically simplify your tax return filings and compliance
requirements. But keep in mind that the IRS examines more individual returns than
partnership returns, so a higher chance of an audit is one potential downside to moving
your activities to the individual return.
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RETIREMENT PLAN OPTIONS
There are plenty of good retirement options out there but sticking to a single plan won‟t help you
achieve your goals. Here are the best options for your retirement plan:
Pensions. Pensions are the easiest retirement plans because little is required of you. The
employer contributes all the money and the funds are professionally managed. All you have
to do is stay on the job long enough to qualify, then retire and collect. But not everyone has
this option.
While pension plans are still common for municipal and government workers, they are be-
coming less and less popular in a corporate environment.
Many pension plans have become less generous. Most don‟t offer a cost-of-living ad-
justment, so the monthly payment you get when you first retire is the same amount you‟ll get
at 85 or 90 years old.
Defined Contribution Plans. With defined contribution plans such as a a 403b or 401k,
you‟re in control of your future.
You choose whether to participate, which plan options suit you, when to change those
options and how much to contribute. Many financial advisors consider these the best retire-
ment plans after pensions because most employers who offer them match a certain portion of
your contributions. In many cases, it‟s a dollar-for-dollar match, and that‟s an immediate
100% return on your money.
Your contributions are automatically deducted from your paycheck, so you don‟t have to
make an ongoing effort to invest. But there are contribution limits. In 2017, people under age
50 could contribute up to $18,000. People over 50 could add an additional $6,000 in catch-up
contributions. Some employers offer Roth 401k options, which tax the funds you contribute
upfront. Most 401ks are traditional, where you pay taxes on your withdrawals.
Roth IRAs. A Roth IRA is an individual retirement account funded with taxed dollars. You
enjoy the benefits of tax-free growth and tax-free withdrawals.
Roth IRAs are also highly recommended for young retirement savers, whether or not they
have access to employer sponsored plans.
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A Roth IRA isn‟t an option that‟s open to everyone. Eligibility and contribution limits
depend on your modified adjusted gross income and tax filing status, but in 2017 people who
were eligible could contribute up to $5,500 per year, or up to $6,500 if they were over age
50. With Roth IRAs you don‟t have to withdraw the money if you don‟t need it, and you can
keep contributing long after you‟ve retired. And if you need the money before age 59 ½
there‟s no penalty for withdrawing your contributions, though there‟s a 10% federal penalty
for withdrawing earnings.
Traditional IRAs. Traditional IRAs have the same annual contribution limits as Roth
IRAs, but they are not subject to income restrictions so anyone can contribute. The
contributions are tax deductible and you enjoy tax-deferred growth, meaning you don‟t pay
capital gains tax but you have to pay tax on your contributions and earnings when you make
withdrawals. Traditional IRAs are subject to required numerous distributions at age 70 ½ and
you can‟t make contributions to the plan after that point.
Still, the traditional IRA is often the better option for people with a shorter time frame to re-
tirement, such as those retiring in five or 10 years. It can be very advantageous for these
contributors to get the combined benefit of the upfront tax deductions and tax deferral.
SEP IRAs. There are several types of retirement plans for self-employed people and it
really comes down to how much you want to spend administering the simplified employee
pension plan (SEP).
In 2017, up to $54,000 in pre-tax contributions are allowed to be put in a SEP IRA. If you
have a really good income year, or you don‟t have a lot of tax deductions, you can shelter a
large amount money to cut your tax bill. And in years when you don‟t do so well, you don‟t
have to contribute anything.
Nonqualified Deferred Contribution Plans. If you want to invest in a ROTH-like
structure, but you‟re barred by income restrictions or you‟ve maxed out your contributions in
other retirement plans, consider a nonqualified deferred compensation plan (NQDC), often
referred to as “the rich man‟s Roth.”
It‟s an option commonly used by upper management and executives who don‟t benefit from
defined contribution plans or IRAs as much as lower income workers, because of the
contribution limits. In essence, these plans allow you to defer a portion of your income until
some time in the future. You don‟t have to pay income tax on the money in the year you
become entitled to it, and it will grow tax deferred and come out tax free. There are no
income or contribution limits and the investment options are vast.
Guaranteed Income Annuities. An annuity is an insurance product that allows you to
invest today and get a guaranteed income stream when you retire. You can get payments
issued monthly, quarterly, annually or in a lump sum.
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There are different types of annuities. With the single-premium immediate annuity (SPIA),
you invest and have to trigger the income right away, which isn‟t an attractive option now
that interest rates are low. The deferred-income annuity (DIA) with a cash-refund option is
more popular, because you control when you trigger the income stream and you don‟t ever
have to annuitize, if you don‟t need the money.
With annuities, the safety of the company you invest with is paramount. You‟re betting on
their solvency, liquidity and investment strategy.
Cash-Value Life Insurance Plan. With a cash-value life insurance plan, you pay for a
policy that develops cash value. Once you‟ve accumulated that cash value, you can take a
loan against your death benefit to serve as income during retirement. This isn‟t like a
traditional bank loan where you have to qualify. As long as you‟ve built the cash value you
can take the loan.
For example, if you have a $1 million dollar policy, and you borrow $500,000 during retire-
ment (which can be set up as periodic withdrawals or withdrawn in a lump sum) the loan is
repaid from your benefits at death, and your beneficiary gets the remaining $500,000. The
great thing about it is that you can tap into the funds anytime you like, at any age. And the
money has already been taxed, so you don‟t pay tax on any of the distributions you get. This
is a great retirement plan for stay-at-home spouses.
Social Security. Nine out of 10 people over age 65 receive Social Security, and those
benefits account for 39% of older Americans‟ income, according to the Social Security
Administration. Despite all the hoopla about what might happen to Social Security, it‟s still
an extremely important part of retirement planning.
Real Estate. Real estate is a retirement-planning option you shouldn‟t overlook, especially
if you‟re 55 or 60 years old and you either didn‟t save or didn‟t save enough. Real estate is
one of the options that can produce income. Real estate can create a decent income stream.
It‟s best to purchase property with a lump sum if you can, so you don‟t bring debt into your
retirement. And you want to set aside money for contingencies, such as taxes and repairs. But
realize this isn‟t a passive income stream. Managing a property is work and there‟s real risk
involved.
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REPLACEMENT COST VS. ACTUAL CASH VALUE OPTION
The distinction between „Actual Cash Value‟ (ACV) and „Replacement Cost‟ is one of the most
important concepts in homeowners insurance. Do you know what the difference is? If you have
home insurance, you should. Let us break it down for you.
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“Replacement Cost” Explained. Replacement cost is the amount it would cost to replace your
destroyed, damaged or stolen items with the exact same item, or similar ones, after a loss. The
replacement cost is often calculated as the initial amount you paid for the item. If the item you
bought is no longer available, replacement cost policies will pay you the initial price of the item
you bought in order to find one similar. If the item you purchased is still available but at a
reduced price, your claim may reflect this change in value.
A replacement claim may sometimes be paid out in two installments. Often, the insurer will send
one payment for the ACV of the item/component or half of its total replacement cost. Once you
have performed repairs or bought a replacement, you can send the documentation to your insurer
to recover the remaining reimbursement.
Actual Cash Value (ACV) Explained. Actual cash value (ACV) refers to a policy that covers
your home and possessions for market value at the time they are lost or stolen. Since your items
are used, “market value” means that depreciation will be factored in when your insurance
company pays you for your claim.
How Insurers Calculate Depreciation. Different insurance carriers will have different ways of
calculating depreciation. One of the most common methods is to calculate the item‟s value as a
portion of its life expectancy.
For instance, a roof predicted to last 30 years will be assumed to have zero value at the end of
that timespan. So, if the roof is somehow destroyed 15 years after installation, the ACV will be
half of the original cost of the roof.
Another way to look at the “lifespan” model is to divide one by the life expectancy of your item
to find the annual depreciation rate. An item with a 10 year lifespan will depreciate by 10 percent
or .1 percent a year. Use this figure multiplied by the years you used your item to calculate its
depreciation.
Aside from life expectancy, your insurer may use market data to determine the how much it
would cost to replace your home. For example, if your twenty year old bay window assembly
was destroyed by a storm, your carrier may try to find a wholesaler who offers twenty year old
bay window assemblies and ask how they would price them.
This method requires more effort, but insurers may have access to a pricing network or
depreciation estimation software that accomplishes the same task. Either way, you are able to
take into account the condition of the item rather than assuming that all of your belongings have
the same useful life.
Replacement Cost Would Be Best. For almost every home owner, a replacement cost policy
would be preferable. Coverage like this will pay the true retail cost of replacing lost, ruined or
stolen possessions. Replacement cost will always save you in the long run.
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With expensive electronics, actual cash value usually just will not suffice when you are trying to
replace what you have lost. For example, a laptop purchased for $2,000 three or four years ago
would actually be worth far less than that now. An insurer will likely write you a check for $700
or so to cover the actual cash value of the item. Finding another comparable laptop at that price
would prove challenging, if not impossible.
The truth is that after a disaster or major loss, you are looking to replace your items. Since you
are almost never likely to find a store or market that sells the exact same TV and couch that you
used to own, in the exact same condition at the ACV price, replacement cost coverage just makes
more sense.
One reason that many people opt for ACV policies over replacement cost policies is that the
price of the policy will reflect this coverage difference. In most situations, the better coverage of
replacement cost policies can make homeowners much happier with their policy after a loss
occurs. Depending on how many valuables you have, paying a little extra to get the upgrade
might be worth the money. You could also usually offset the extra cost by raising your
deductible. After all, home insurance is there for most people to protect them from major
catastrophes, not everyday accidents.
Valuable, Antique or Collectible Items. Even with a replacement policy, your most valuable
belongings will only be covered for a portion of their value. Items like jewelry or electronics
typically have a $1,000 cap on per-item claims. With art, antiques or collectibles, this amount
could be as little as $2,500 for your whole collection.
Another problem is that with certain rare items, the true replacement cost may have actually gone
up since your initial purchase. Insurers will rarely accommodate this appreciation in value,
instead opting to pay for your initial purchase value. Thus, an autographed jersey by an athlete
who recently died may only be worth the $50 to $100 you paid for the jersey itself and the
person to sign it at after meeting them. In actuality, this item could be worth thousands of dollars
and be nearly impossible to replace.
For items like these, you can purchase special “floaters” or riders to cover your most valuable or
irreplaceable possessions. Other times, you can purchase a separate policy especially made to
cover rare and valuable collections.
Make Sure Your Insurance Coverage Work for You. When speaking to an agent, you must
be absolutely clear about the kind of policy they are offering you. Make sure that you get every
cent of coverage you need to prepare for common and likely catastrophes.
Obviously, the most important thing home insurance covers is your actual home or rental
property. In many cases, opting for limited coverage of your possessions paired with complete
coverage of your dwelling could possibly make the most sense. Take an inventory of your
possessions and decide what is right for you, your family and your situation.
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TAX AND ACCOUNTING ISSUES FOR BUSINESS OWNERS
Entrepreneurs usually aren‟t surprised by the amount of work it takes to get a business up
and-running and become successful. But these same business owners are often blindsided by the
time and effort required for tax and accounting issues. It‟s an important aspect that is often
overlooked.
Specifically, the followings issues are critical to business owners and might even “make or
break” their operation.
Form of business: The business may be formed as a C corporation, a pass through entity
like an S Corporation, limited liability company (LLC) or partnership, or a sole
proprietorship. Generally, C corps provide great asset protection from creditors.
Estimated taxes: As with individual taxpayers, businesses must take a “pay-as-you-go”
approach with tax liability, reporting and paying taxes on a quarterly basis. This applies
regardless of the form of business ownership,
Ordinary and necessary expenses: The tax law provides current deductions for numerous
“ordinary and necessary” business expenses ranging from paper clips to office furniture.
But the law is also riddled with numerous special rules and requirements.
Independent contractors: Employers must pay payroll taxes on employee wages, but not
on amounts paid to independent contractors, such as most outside workers hired for
specified projects. The IRS often contests the employment status of workers.
Inventory valuation: The company must value the items included in its inventory.
Initially, the value is the cost, but these figures are being constantly updated as items gets
sold and restocked, with accompanying tax results.
Section 179/ depreciation: Under Section 179 of the tax code, a company can claim a
generous current deduction for the cost of business assets. Alternatively, assets are
“depreciated” over time according to specified schedules and rules.
Cash flow: Too much money going out, and not enough coming in, can sink a business.
It‟s important to regularly monitor accounts receivable and payable to provide a clear
picture.
Bad debts: Even a profitable business may have difficulty collecting amounts it is owed.
Take steps to bolster collections and keep records to prove “worthlessness” of receivables
for tax purposes.
Payroll: Handling payroll, including issuing proper forms and imposing withholding, can
prove to be a real headache. To reduce the stress, a small business may utilize outside
resources.
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Recordkeeping: Good recordkeeping goes hand-in-hand with minimizing problems and
maximizing the available tax benefits. It is essential at virtually every twist and turn.
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TAXES FOR SELF-EMPLOYED & PARTNERSHIP OWNERS
If you are not an employee and work on your own, you will pay taxes a little differently than
employees do.
Considered Self-Employed and Not an Employee?
Whether you are considered an employee or self-employed (business owner, Partner or
independent contractor) depends on these three factors:
Behavioral Control: How does the company or organization for which you work direct
and control what work you do and how your work is done (using instructions, training, or
other methods)?
Financial Control: Who has the right to direct and control the business and financial
aspects of your job?
Type of Relationship: How do you and the business relate based on your work or job?
Are there contracts that describe the working relationship between you and the company?
How do these documents characterize your role in the business?
When Am I Considered Self-Employed?
You are considered self-employed if you carry on a trade or business.
You are also considered a business owner if any of the following statements are true:
• You filed an 1120-S business tax return via Schedule K-1.
• You are the sole proprietor of a business.
• You are a member of a business partnership.
• You are otherwise in business for yourself (whether full-time or part-time).
What Is an Independent Contractor?
Generally, you are considered an independent contractor if the person or organization that pays
you has the right to direct and control only the result of the work and not what work will be done
nor how it will be done.
What Are Examples of Independent Contractors?
Self-employed independent contractors include (but are not limited to): doctors, dentists,
veterinarians, lawyers, accountants, public notaries, carpenters, electricians, plumbers,
mechanics, stonemasons, home remodelers, housecleaners, lawn care providers, babysitters,
newscarriers, software developers, web designers, graphic artists, entertainers, guest speakers,