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Fall, 2007
Volume 7, Issue
4
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Coming Soon: A Zero Percent Tax Rate On Certain Investment Income |
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Random IRS
Research Audits Are Back |
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Some investors may be in
line for a “once-in-a-lifetime” tax-saving opportunity. Beginning in
2008, you might benefit from a zero tax rate if you have dividend income
or you sell securities or other capital assets. But like many things in
the tax world, this unprecedented tax break comes with strings attached.
Back in 2003, Congress
carved out a new, lower tax rate for long-term capital gains and qualified
dividends. Instead of taxing capital gains at a maximum 20% and dividends
at ordinary income rates reaching as high as 35%, a maximum tax rate of only
15% was created for most long-term capital gains and qualified dividend
income. Even better, for taxpayers in the lowest regular tax brackets of
10% and 15%, the maximum rate for long-term gains and dividends was reduced
to 5%.
The 2003 law also created a
future tax break that is finally dawning. For 2008 through 2010, the
maximum 5% tax rate is cut to absolute zero.
This zero capital gains rate
may apply to more people than you think. If you can reduce your annual
taxable income — for example, by making tax-deductible charitable donations
or increasing 401(k) plan contributions — you might qualify for the lowest
tax rate. Alternatively, if you give gifts of securities to family members
in a low tax bracket, they may pay no tax when they sell the securities the
next year.
But here’s the rub: Under
the “kiddie tax” rules, investment income above $1,700 (amount to be
inflation-adjusted for 2008) received by a child may be taxed at the top tax
rate of the child’s parents. Due to recent tax law changes, in 2007 the
kiddie tax applies to children under age 18. For 2008, it will generally
affect children under age 19 and full-time students under age 24.
Bottom line: Take a look at
the big picture, taking all these factors into account. Contact our office
for assistance in coordinating tax strategies with your investment moves.
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If you’ve been filing income
tax returns for a while, you may recall horror stories about the IRS
Taxpayer Compliance Measurement Program (TCMP). Under the TCMP, income tax
returns were picked at random and audited in minute detail. The filers had
to support every entry and prove every deduction, no matter how small. The
costs of defending against these audits often exceeded the actual tax
liabilities.
The purpose of TCMP audits
was to gather information to help refine the audit selection process.
However, the audits were so onerous that public backlash brought the program
to a halt in the 1990s.
The IRS tried again a few
years later with a milder version of the random audit process. The project,
called the National Research Program (NRP), examined about 46,000 returns
for the year 2001. Unlike the TCMP, these audits produced no serious public
outcry, but they did result in an IRS conclusion that the “tax gap” for 2001
(the excess of taxes due over taxes paid) was more than $290 billion.
Consequently, the NRP has
been resurrected. Beginning October 2007, 13,000 individual returns for 2006
will be mined for fresh data, and the process will be repeated for tax years
2007 and 2008. Although selection will be random, the IRS has said the
returns will be chosen from “various categories.” The agency isn’t naming
those “categories,” but the groups it considers most likely to underreport
income include self-employed individuals, independent contractors whose
income isn’t separately reported to the agency, and people with substantial
capital gains and losses.
Thirteen thousand returns is
a small proportion for any given year, so your odds of being chosen for an
NRP audit are low. However, if you are unlucky enough to win this
particular lottery, you should contact us.
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Page 1
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| Perspective
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| An
Inside View |
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Dear Clients and Friends,
With the coming of Fall we are once again reminded of the changing of
seasons. Here in Ohio the change is easy to see and feel. The leaves on
the trees turn bright and beautiful colors and eventually fall from the
trees to be cleaned up or blown away with the wind. The air becomes cooler
and frost reappears as a reminder of the cold winter days to come.
In nature, change is constant as it is in both our personal and
professional lives. As we go to press with this newsletter, new tax
legislation has once again been introduced in the U.S House of
Representatives. The proposed legislation, if passed into law, would make
changes to the existing tax rates for individuals and corporations as well
as sweeping changes to the alternative minimum tax that could affect
millions of taxpayers. If this proposed legislation is passed, it would
join the Small Business and Work Opportunity Tax Act of 2007, signed by the
President in May of this year, as new tax law for 2007. Introduction of
this new legislation would continue the pattern of constant change in this
area with three major tax bills signed into law in 2006 and two in 2005.
Another area of change that affects our personal and professional lives
is information technology. Everything from personal computers for the
business or home, cell phones, hand held electronic devices, and
televisions, to the way we shop and perform business transactions, like
banking and investing, is changing on what seems to be a daily basis. These
frequent changes seem to turn what was extraordinary into the ordinary.
Changes in the area of information technology have
greatly affected the way we do our business here at Nolan, Giere & Company.
Many years ago we began to file tax returns electronically rather than
sending paper copies to the IRS and other taxing authorities. As of last
year, virtually all returns that were filed by our office were done that
way. Also last year we converted all our business client workpapers to an
electronic format using software designed to hold and manage those files in
that manner. Gone from our office are rows of filing cabinets to hold those
files as well as the tedious task of maintaining them. Better yet, we now
have instant access to client files from our desktops and laptops.
This year we are currently in the process of implementing a firm wide
document management system to handle, in an electronic format, all documents
that flow through our office. Our goal is easier access and management of
our electronic files. Ultimately this will make us more productive and
efficient in serving our clients.
Although change is inevitable it is not always easy. Many times we are
faced with abandoning an old familiar way in order to make room for a new
and better approach. Some times this makes us uncomfortable but we have
found that accepting change has been very rewarding as we move forward.
So as we rake leaves this Fall, put away the garden tools, and check
the storm windows and the furnace in anticipation of the changing seasons,
remember change is constant and all around us and should be embraced as part
of our world.
Sincerely,
Nick
Nicholas F. Nolan III,
President |
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Page 2
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Should You Hire
Family Members? |
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Business
Solutions
Professional
Accounting Expertise
Do
An Annual Business Review
You get an annual checkup
from your physician to monitor and manage your personal health. Shouldn’t
you do the same for your business? To keep your operation in top shape,
consider an annual business review. The benefits of such a review are
holding your company accountable and evaluating current performance to
better plan and execute future operations.
Some things you should
evaluate in an annual business review:
· Revisit
your business strengths, weaknesses, and opportunities.
Is your competitive position improving, or are you losing ground?
· How
did you perform relative to your business plan?
Did you meet or exceed your objectives? Are sales, profit margins, and cash
flow improving?
· Get
a pulse on your customers.
An annual customer satisfaction survey is a great way to assess performance,
obtain insight on potential new products or services, and to let your
customers know how much you value their business.
· Evaluate
your team. Are you
developing a superior team, employing their unique talents, and training
them to improve performance? Do you reward on merit or simply on seniority?
· How
effective is your marketing?
Are your current methods and
channels working well, or are you simply doing what you’ve always done?
· Meet
with your insurance agent.
Is your coverage adequate and appropriate for changes in your business
activities and acquisitions?
· How
is your scorekeeping? Do
your measurements track your progress or do they measure things that don’t
matter? What are the key performance measures that drive your business?
· Is
your value growing? Do
you annually monitor the value of your business?
If you are serious about
improving your business, consider a yearly assessment of your operation. |
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Many business owners hire
their children, their spouse, or other family members to work in the
business. Sometimes this works out well; sometimes it causes problems.
Let’s look at the pros and cons.
· Hiring
your children. Hiring
your kids for a part-time job usually has more tax advantages and fewer
drawbacks than hiring other relatives. The financial advantage is that if
you’re paying your child to do useful work, the business gets a tax
deduction for the wages paid. Your child will probably pay little or no
income tax, and the after-tax wages stay in the family. Also, if your child
is under age 18 and your business is unincorporated, neither the child nor
the business need pay federal payroll taxes. This exemption also applies to
a partnership or LLC if the only partners are you and your spouse.
Follow certain steps to make
sure the wages are fully deductible. The child must be doing a real job
that helps the business, and the wages must be reasonable for the work
performed. Keep detailed records of hours worked and pay salary regularly,
preferably on the same schedule as other employees. In other words, treat
your child just like any regular employee.
· Hiring
your spouse or relatives.
Hiring your spouse or other relatives generally doesn’t bring the same
payroll tax savings. However, it does bring other advantages and
disadvantages. The advantages are that you have an employee whom you know
well, and who may be more motivated or more flexible than a nonfamily
member. And in many family-owned businesses, it’s a powerful way to train
the next generation who will take over leadership.
That same familiarity can
bring disadvantages, however. Few families are without some internal or
inter-generational conflict, and that can be disastrous if it spills over
into the workplace. You must also consider the effect on other employees.
Any sign of favoritism or unequal treatment can cause resentment and ruin
the motivation of other employees.
· Be
cautious. So think long
and hard before you bring family members into the business. Talk to them
and to your key employees beforehand, and make sure everyone understands and
is comfortable with their future roles in the company.
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Page 3
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What Does Your Age
Have To Do With Taxes?
Are you aware of the
numerous age-related provisions in the IRS code? They are probably more
plentiful and significant than you thought. Here are a few examples of the
age-related tax rules that could affect you and your dependents.
· At
birth through age 19 and even 24: dependency deduction.
Parents can claim a dependency exemption for a child under 19 or for
full-time students under the age of 24.
· Under
13: child care credit.
This provision gives parents a tax credit for dependent care expenses.
· Under
17: child tax credit. If
parental adjusted gross income is below a threshold level, parents can claim
a child tax credit of $1,000.
· Under
18 (In 2008, age limit increases to 19 and to 24 if child is a full-time
student.): kiddie tax.
This IRS rule requires a child to pay the same effective tax rate as their
parents for investment income over $1,700.
· At
50: retirement contributions.
The government allows extra “catch up” contributions to retirement savings.
This is a helpful provision to encourage savings.
· Before
age 59½: early withdrawal penalty.
Withdrawals from IRAs and qualified retirement plans, with some exceptions,
are assessed a 10% penalty tax.
· At
65: extra standard deduction.
Uncle Sam grants an extra standard deduction, but there’s no additional tax
benefit if the taxpayer itemizes deductions.
· At
70½: mandated IRA withdrawals.
The IRS requires minimum distributions from a taxpayer’s IRA beginning at
this age (doesn’t apply to Roth IRAs). This starts to limit tax-deferral
benefits.
Awareness of how the tax
code affects you and your family at different ages is important.
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Time Is Running Out For 2007 Tax-Cutting
Even though 2007 is nearly over, shrewd taxpayers can still make last-minute
reductions in their tax bill.
Most people have sought to
maximize their personal earnings throughout the year. Now it’s time to
reverse course and look for ways to minimize your taxable income. For
instance, if you sold stocks for a net gain this year, consider offsetting
those gains by unloading securities that have lost value. In addition, you
can deduct up to $3,000 of net capital losses against other income.
If you are thinking about
selling appreciated stock in 2007, you should know that taxpayers in the 10%
or 15% tax brackets will pay no capital gains tax in 2008. If you are in
either of these tax brackets, you might postpone sales until next year. On
the other hand, taxpayers age 18 to 24 should consider selling appreciated
securities this year. Why? Because in 2008, the new “kiddie tax” rule will
require many in this age group to pay tax on unearned income over $1,700 at
their parents’ higher tax rate.
Another tried-and-true
tax-cutting strategy is a year-end charitable donation. But beginning this
year, even cash gifts under $250 must be substantiated by a written receipt
or bank document (such as a cancelled check) to qualify for a deduction.
Cash gifts of $250 or more still require a written receipt from the
charity. For these gifts, a cancelled check alone is not sufficient.
Another way to make a
contribution is a charitable IRA rollover. Taxpayers age 70½ and older can
donate up to $100,000 directly from their IRA. What’s more, the donation
qualifies as part of the taxpayer’s required minimum distribution from the
IRA. At press time, this provision was set to expire at the end of 2007, so
it might be now or never. For the latest information on this and other
tax-saving moves you might consider for 2007, 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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