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Fall, 2006
Volume 6, Issue 3
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900-Page Pension Law Includes Tax Changes
The Pension
Protection Act of 2006,
signed by President Bush on August 17, revised the funding rules for
pension plans. It is hoped that requiring most company pension plans to be
fully funded within a seven-year period will lessen the need for
taxpayer-funded bailouts of failed plans. Tucked away in the 900-plus page
law are a number of tax law changes. Here is a quick summary highlighting
the changes.
The
higher contribution limits for IRAs, SEPs, SIMPLEs, 40l(k)s, and 457
plans, set by the 2001
Tax Act,
were scheduled to expire after 2010. The pension law makes the higher
limits permanent, including the additional contributions permitted for
those aged 50 and older. Roth 40l(k)s, also previously scheduled to
expire, are made permanent.
The
“saver’s credit” of up to $1,000 available to lower-income taxpayers
who contribute to a retirement account is made permanent, and the income
thresholds for eligibility will be adjusted for inflation after 2006.
The
$500 retirement plan start-up credit for small businesses is made
permanent. The credit is for plan expenses in the first three years.
Nonspouse
beneficiaries (e.g., children, siblings, significant others) of a
decedent’s retirement account will be able to roll over the account into
an IRA, an option formerly permitted only for spouses of a decedent.
The
favorable tax treatment allowed for Section 529 plans (college accounts)
is made permanent; withdrawals used for qualifying higher education
expenses will continue to be tax-free.
Military
reservists called to active duty and public safety employees (such as
policemen and firemen) will be able to take penalty-free early withdrawals
from retirement plans if certain requirements are met.
Rules
for deducting charitable donations are tightened. Cash donations, even
those under the previous $250 threshold, will have to be substantiated by
a bank record or written documentation from the charity. Donations of used
clothing or household goods will be tax deductible only if they are in
“good” condition. If
you need details on this new law, give our office a call.
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OHIO FAIR MINIMUM WAGE AMENDMENT
Election
Day, November 7, 2006, was significant in many respects locally and
nationally.
For Ohioans, the passage of State Issue 2 providing for an
amendment to the Ohio constitution mandating a minimum wage within the
state is certainly significant.
The minimum wage in Ohio will increase from $5.15 per hour to $6.85
beginning January 1, 2007.
The amendment further mandates annual increases to the minimum wage
based on changes in the consumer price index.
The amendment states that the new wage requirement does not apply to
employees under the age of 16 or employees of a solely family owned and
operated business who are family members of an owner.
Also excluded are employees of businesses with annual gross
receipts of $250,000 or less for the preceding calendar year.
This revenue figure will also be increased each year based on
changes in the consumer price index.
For restaurant employees and other employees that receive tips, an
employer may pay less than, but not less than half of the minimum wage
rate required by the amendment.
However, the employer must be able to demonstrate that the
employee’s tips combined with the wages are equal to or greater than the
minimum wage rate for all hours worked.
The
amendment also includes certain record keeping requirements.
Employers must provide new hires with the employer’s name,
address, telephone number, and other contact information and update such
information when it changes.
Also, an employer shall maintain a record of the name, address,
occupation, pay rate, hours worked for each day worked and each amount
paid an employee for a period of not less than three years following the
last date the employee was employed.
Such information shall be provided without charge to an employee or
person acting on behalf of an employee upon request.
Where an employer is found to be in violation of the provisions of the
amendment, the employer will have thirty days to pay the employee back
wages, damages, and the employee’s costs and reasonable attorney’s
fees.
In addition, damages will be calculated as an additional two times
the amount of back wages.
If you have questions about how this new constitutional amendment will
affect your business, give us a call.
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Perspective
An Inside View
Dear Clients and Friends,
It is November already and once again many of us are astounded at
how quickly another year has gone by.
Of course, this is the time of year when we need to assess our tax
situation for any final planning actions.
As we assess various ideas, the two tax bills passed in 2006,
remind us of several key items. Page
One of our newsletter highlights the recent “Pension Protection Act of
2006”. This tax act
addresses one of the most significant and prudent tax ideas available,
namely, contribution to some form of retirement plan.
Higher contribution limits for IRAs, SIMPLEs, and 401(K)s plans are
now permanent. Contributions
range from $4,000 to $5,000 for IRAs, $10,000 to $12,500 for SIMPLE plans
and $15,000 to $20,000 for 401(K) plans.
Contributing to these retirement tax deferral plans allows for
current tax deductions while deferring the tax liability to future years.
The Tax Increase Prevention and Reconciliation Act of 2005 (TRA 2006) also
made several important changes. The
controversial dividend and capital gains tax rate cut, enacted in 2003,
lowered the maximum tax rates to 15 percent for qualifying taxpayers.
Certain taxpayers are eligible for an even lower rate of 5 percent.
Originally, these rates were scheduled to expire at the end of
2008. TRA 2006 extends these
cuts for two more years through December 31, 2010.
So while we can still enjoy these tax cuts for a few more years,
the timing of when to sell a capital asset must still be considered.
For example, if you can control whether a sale near the end of a
year can be deferred to the next year, an analysis should be done to
determine the best tax results. We can help you make this assessment.
TRA 2006, also temporarily reduced the tax impact of the alternate minimum
tax (AMT) for year 2006 only by creating a higher exemption amount.
Remember that the AMT is a second tax calculation that is made
along with the regular tax computation. You must pay the higher of the
two. Other tax law changes
over the years have extended the AMT’s reach, so even if you don’t
consider your tax situation unusual, you may be subject to the AMT.
Be aware that TRA 2006 changed the “kiddie tax rules.”
These rules require a child’s unearned income, such as dividends
and interest to be taxed at the parents’ tax rate.
Previously the law applied to children under age 14.
The TRA raises the age limit to under age 18 effective for the
entire 2006 tax year. This may
be an unpleasant surprise to parents who planned for various investments
in their children’s accounts to mature between ages 14 and 18.
As you can see, tax preparation and tax planning are constantly changing.
Let us know if we can help you with any tax issues or
considerations as 2006 draws to a close.
Thanks for your trust and confidence in us.
We wish all of you a joyous Holiday Season and a very prosperous
New Year.
Sincerely,
Nick
Nicholas
F. Nolan III
President
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Changes
In Roth Conversion Rules Provide New Opportunities
Taxpayers with adjusted gross incomes over
$100,000 have had to sit on the sidelines when it comes to converting
their traditional IRA to a Roth IRA. But recent tax law changes have
eliminated this restriction beginning in 2010, opening the door to a
popular tax-planning opportunity. Should you consider a Roth conversion?
The rules regarding IRAs are fairly straightforward. Contributions
to a traditional IRA are tax-deductible, and withdrawals made at
retirement are taxable. Conversely, a contribution to a Roth IRA is not
tax-deductible, but retirement withdrawals are not taxable. In addition,
the traditional IRA requires distributions beginning at age 70½, while
the Roth has no such requirement.
The absence of required distributions and other factors have made
converting a traditional IRA to a Roth attractive to many taxpayers. But
there is a catch — income taxes must be paid on the amount converted. To
help cushion this burden, newly qualified taxpayers will be allowed to
spread the tax over two years.
Is converting to a Roth a good idea for everyone? If you expect
your tax bracket to be significantly lower at retirement, or you do not
have non-IRA cash to pay the tax bill, then you might want to remain with
the traditional IRA. However, the greater the number of years until
retirement, the better the conversion looks. Be aware that there is some
skepticism that this law will remain on the books until 2010. Until then,
maximizing your traditional IRA annual contribution, or even contributing
to a nondeductible IRA, might be a good strategy.
Another good strategy is to have your retirement plan thoroughly
reviewed by a professional. For details and assistance with your planning,
give us a call.
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Business Solutions
Professional Accounting
Expertise
How
To Keep Your Customers Satisfied
In some industries, service has become a
quaint memory, and customers are reduced to selecting the provider who
costs or annoys them the least. But the golden rule has not been repealed,
and pleasing your customers can create a powerful competitive advantage. A
few simple changes may well increase your bottom line.
For example: We all hate having our time wasted, and businesses are
among the worst offenders. To distinguish your firm from the rest,
establish the following customer service policies and procedures.
Communicate with your customers. Return their calls promptly, update them
about matters in progress, and explain delays as soon as you can.
Don’t make your customers jump through
hoops. Offer discounts at the point of sale, rather
than giving out coupons or making buyers apply for mail-in rebates. If you
employ an automated phone system, provide a simple method for reaching a
live person.
Don’t worry about trying to save face. If you’re even partly wrong, apologize and
proceed to a resolution. Train your employees to do the same, and reward
them for positive outcomes.
Let customers know you’re there for them and that you regard them
as more than mere cash cows. Listen to their concerns, and address them
promptly. If someone is unhappy with a purchase (whether product or
service), fix it, replace it, or refund the payment in full. At worst, the
loss won’t be compounded by damage to your reputation. At best, the
money will come back multiplied by repeat business and referrals.
Quality service is a powerful marketing tool that’s surprisingly
easy to deploy. Simply imagine how you would want to be treated, and
provide that treatment to your customers. As their satisfaction increases,
your profits will follow.
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Reorganizing
Your Portfolio Can Provide Tax Savings
If your investment portfolio is due for a review and perhaps some
realignment, you may be able to reorganize your portfolio and cut taxes
too. Here are some suggestions to consider.
·
Consider selling some securities. The tax code allows you to offset up to
$3,000 of net capital losses annually against other taxable income ($1,500
if married filing separately). Selling enough “winners” or
“losers” to reach this figure may result in the maximum tax benefit
for 2006. But if you decide to repurchase securities you sell, beware of
the “wash sale” rule. If you buy the same security within 30 days
before or after selling it at a loss, the loss is not deductible. This
rule does not apply if you sell at a gain. Let’s look at a couple of
examples.
Example A: Sally has realized $5,000 of taxable gains in
2006. She decides to dispose of losers and sells enough to generate $8,000
in losses. Her $3,000 net loss should be fully deductible in 2006.
Example B: Jack has realized losses of $10,000. He still
owns a stock with large unrealized gains, and he expects it to appreciate
further. He decides to sell enough shares to generate $7,000 in gains and
immediately repurchases the shares. Combining the $10,000 of losses with
the $7,000 of gains gives him a $3,000
net
loss which is fully deductible. Jack’s cost is the commission he pays on
the sale and repurchase.
·
Consider donating appreciated stock to your favorite charity. Generally, you’re allowed to claim a
charitable deduction for the fair market value of the stock and avoid tax
on the gain. The charity can then sell the stock tax-free.
Careful planning and choosing among the different techniques can
help you reduce taxes when reorganizing your investment portfolio. Before
you reorganize your portfolio, contact us if you would like specific
tax-saving guidance.
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What’s
Your Biggest Business Problem?
If you run a business, try this exercise. First, write down what
you think is the single biggest problem in your business. Then ask the key
people in your company to do the same. Try to include input from all areas
of operations — sales, manufacturing, personnel, purchasing, shipping,
finance. The number of inputs will depend on the type and size of your
business, but make sure you cover everything from internal operations to
relationships with customers.
Then compare the answers. You might find that one common theme
emerges, or you might find some issues that you weren’t aware of. There
might be a problem with your suppliers, or it might be a problem in
closing sales. It could be an internal problem in meeting orders, or a
shortage of suitable employees. Perhaps it’s a financial problem, such
as finding financing or collecting payments. Sometimes it’s a frequent
source of customer complaints.
Why focus on problems? Why focus on your problems instead of looking
at what’s working well? Because directly or indirectly, problems
translate into dissatisfied customers, higher costs, lower sales, and
reduced profits. It’s usually true that it costs more to fix something
that’s wrong than to do it right in the first place.
Once you have your list of problems, call together the group that
provided input. Discuss the results and how to solve the most important
problem or problems. It doesn’t have to become a big bureaucratic
exercise. By the end of the meeting you should have fleshed out the issues
and decided on a course of action.
Sometimes just the internal communication at the meeting will help
to resolve issues. Often the true nature of a problem will change or
become clearer as it is discussed. Make sure you involve key managers from
all parts of your business. The different perspectives will help you reach
a better solution. Also, the joint problem solving will make your staff
feel appreciated and part of a team. But the best result of all is that
your business will have recognized and addressed some of its biggest
problems.
For guidance with any of your business concerns, give us a call.
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Do
Year-End Tax Planning For Your Business
Many small businesses and self-employed business owners make the
mistake of not thinking about taxes until it’s too late. Most tax moves
must be made before year-end. Here are a few tax-cutting ideas that will
help reduce your 2006 business taxes.
Purchase
business assets. If your business will soon require additional
computers, furnishings, or even transportation equipment, make those
purchases before the end of the year and take maximum advantage of the
Section 179 expensing election.
Plan
for retirement. If you don’t have a retirement plan,
consider setting one up before the end of the year, even if you don’t
have to actually fund the plan until 2007. In fact, there are federal tax
credits for some of the costs of setting up a new retirement plan. And
don’t overlook a Simplified Employee Pension (SEP) plan, which does not
have to be either established or funded until 2007.
Use
your credit card. Even a cash basis business can deduct
expenses purchased with a credit card on the date of the charge, not
necessarily when the credit card payment is made. So if you find that you
need business supplies or equipment before the end of the year and
you’re short of cash, consider using your credit card and deduct the
expense this year.
Defer
income and accelerate deductions. For cash basis taxpayers, consider sending
out your invoices late in December so the payment isn’t received until
the following year, thereby deferring current taxes. Also, stock up and
pay for office supplies and other needed office items before year-end,
including paying any outstanding bills or prepaying certain business
expenses.
The very best way to maximize your business
deductions is to meet with your tax professional while there is still time
to take action. For assistance, give our office a call.
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This
newsletter provides general tax, financial, and business information for
our clients. The information
should not be acted upon without further details and/or professional
assistance.
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