savingsIn December of 2014, Congress approved the Achieving a Better Life Experience (ABLE) Act that allows for tax-advantaged savings for persons with disabilities. Known as ABLE accounts, these new accounts allow earnings to grow tax-free and distributions to be tax-free for qualified disability expenses. Under the provisions of the new law the accounts cannot reduce certain Medicaid or supplemental security income (SSI). The accounts are designed to encourage savings to maintain health, independence and quality of life and secure funding that will supplement other benefits individuals with disabilities receive through Medicaid, SSI, or employment without disqualifying them from those benefits.
 
Who Qualifies?
 
Individuals eligible to establish an account include persons with physical or mental disabilities or blindness that have lasted more than 12 months but occurred prior to attaining the age of 26.
 
Who can contribute?
 
While the account beneficiary and owner must be the individual with disabilities anyone can contribute to the ABLE account subject to an aggregate limit of contributions from all contributors to the annual gift tax exclusion ($14,000 for 2015). An excise tax is imposed on excess contributions but only if the trustee doesn’t make the required corrective distribution within the tax year.
 
What uses are qualified uses for ABLE Distributions?
 

The beneficiary of the account can withdraw contributions and earnings at any time for qualified disability expenses. These include:

 
What limitations are placed on the ABLE accounts?
 
A qualified individual can hold one ABLE account. ABLE accounts can accept cash contributions only. Any non-cash contributions can be returned in a corrective distribution. The balance of the accounts is disregarded for most federal means-tested programs. However, SSI programs will consider amounts in excess of $100,000 as excess resources for purposes of SSI benefits.
 
How can I learn more about ABLE accounts?
 
The IRS has directed that within six months additional regulations and guidance is to be issued regarding the information needed to establish an ABLE account as well as additional clarification on the qualifications and qualified distributions from the accounts. In the interim please contact our office at (719) 630-1186 for more information on ABLE accounts or to see if an ABLE account is right for you.   

In our desire to provide you with the timely instructions to comply with existing IRS guidance on the tangible property regulations, we asked you on Friday, February 13, 2015 to mail in provided Form(s)  3115 to the IRS. Ironically, later on the same day, the IRS provided long-awaited guidance and relief.

Under this new guidance taxpayers are still required to file Form(s) 3115 if they have at least $10M in average gross receipts over the last three years and at least $10M of total assets in 2014. 

However, for anyone not meeting the $10M threshold, there is no longer a Form 3115 filing requirement. 

If you received a Form 3115  from us and have not yet mailed it to the IRS, we ask that you not file the form in light of this new guidance and wait until your tax preparer reaches out to you directly. If, however, you already mailed in a Form 3115 that is no longer required, do not worry – there is no harm in this. 

If you are a taxpayer that is still required to file a Form 3115 under the new guidance and have not received the form from us, know that we will still prepare the form and either send it to you in advance of or with your tax return. 

Thank you for your cooperation  and PATIENCE in this process and please let us know if you have any questions.

 

 

File CabinetOne of the most common inquiries clients have for their accountants is “What documents do I need to save, and for how long?” Retaining, organizing, and filing old records can become a burden, both at the business and individual levels. As we all strive to achieve a more "paperless" process, how do we determine what warrants taking up valuable office and storage space and what does not?

Records should be preserved only as long as they serve a useful purpose or until all legal requirements are met. To keep files manageable, it is a good idea to develop a schedule so that at the end of a specified retention period, certain records are destroyed.

At Stockman Kast Ryan + Co., we have developed a Records Retention Schedule we think you will find helpful. Although it doesn't cover every possible record, it does cover the most common ones. As always, please feel free to ask us should you have specific questions or concerns.

Records Retention

 

Internet theftTax time is becoming a more and more lucrative time for those wanting to steal your identity or scam you out of money. Identity theft has topped the Internal Revenue Service’s “Dirty Dozen” annual list of scams for the last 3 years. 
 
The IRS warns about IRS-Impersonation Telephone Scams and Email Phishing Scams. Scammers often send an email or call to lure victims to give up their personal and financial information. The crooks then use this information to commit identity theft or steal your money. These con artists are very convincing and usually alter the caller ID to make it appear the IRS is calling.
 

The IRS will never do any of the following:

 
  1. Call to demand immediate payment
  2. Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe
  3. Require you to use a specific payment method for your taxes, such as a pre-paid debit card or wire transfer
  4. Ask for credit or debit card numbers over the phone
  5. Threaten to bring in local police or other law-enforcement to have you arrested for not paying
 
If you receive an unexpected phone call from someone claiming to be from the IRS:
 
Ask for a call back number and an employee badge number. If you believe you might owe taxes, call the IRS at 800-829-1040 to work out a payment issue. If you do not believe you owe taxes, then contact the Treasury Inspector General for Tax Administration at 800-366-4484 or at www.tigta.gov to report the incident. You may also report it to the Federal Trade Commission by using their “FTC Complaint Assistant” on FTC.gov and adding "IRS Telephone Scam" to the comments of your complaint.
 

If you receive a phishing email:

Don't open any attachments or click any links and don't reply to the message or give out any personal or financial information. Forward the email to phishing@irs.gov and then delete it.

 
The more vigilant and careful you are, the less likely you will fall victim to theseir schemes. There are several steps you can take to minimize your risk of tax ID theft.
 

To help minimize your risk:

 
1. File tax returns early
2. Safeguard internet passwords; do not use the same password for all accounts; change passwords
3. Install antivirus software and firewalls
4. Shred all unneeded paperwork containing sensitive data
5. Safeguard documents and identification numbers
6. Check credit reports regularly
7. Monitor accounts regularly
 
We want to remind you to always use a secure method to deliver your financial information to us and any other service provider. Instead of sending a regular email and attaching your files, please use our Secure Email. If you send files back and forth with us frequently, we can set up a Client Portal for you to use, which requires a secure login and provides a secure connection. Of course, if you prefer not to transmit data electronically, you can always bring in your information personally.

With contributions from Penny Sayre, CPA, Tax Manager

Substantiation requirements must be met for charitable donations to be allowed

General Rules

For a contribution of cash, check, or other monetary gift, regardless of amount, you must maintain a bank record or a written communication from the donee organization showing its name, plus the date and amount of the contribution. Any other type of written record, such as a log of contributions, is insufficient.

For a contribution of property other than money, you generally must maintain a receipt from the donee organization that shows the organization's name, the date and location of the contribution, and a detailed description (but not the value) of the property. If circumstances make obtaining a receipt impracticable, you must maintain a reliable written record of the contribution. The information required in such a record depends on factors such as the type and value of property contributed.

Contributions Over $250

If the contribution is worth $250 or more, stricter substantiation requirements apply. No charitable deduction is allowed for any contribution of $250 or more unless you substantiate the contribution with a written receipt from the donee organization. You must have the receipt in hand when you file your return (or by the due date, if earlier) or you won't be able to claim the deduction. If you make separate contributions of less than $250, you won't be subject to the written receipt requirement, even if the sum of the contributions to the same charity total $250 or more in a year.

The receipt must set forth the amount of cash and a description (but not the value) of any property other than cash contributed. It must also state whether the donee provided any goods or services in return for the contribution, and if so, must give a good faith estimate of the value of the goods or services. If you received only “intangible religious benefits,” such as attending religious services, in return for your contribution, the receipt must say so. This type of benefit is considered to have no commercial value and so doesn't reduce the charitable deduction available.

Contributions Over $500

In general, if the total charitable deduction you claim for non-cash property is more than $500, you must attach a completed Form 8283 (Noncash Charitable Contributions) to your return or the deduction is not allowed. In general, you are required to obtain a qualified appraisal for donated property with a value of more than $5,000, and to attach an appraisal summary to the tax return. However, a qualified appraisal isn't required for publicly-traded securities for which market quotations are readily available. A partially completed appraisal summary and the maintenance of certain records are required for (1) nonpublicly-traded stock for which the claimed deduction is greater than $5,000 and no more than $10,000, and (2) certain publicly-traded securities for which market quotations are not readily available. A qualified appraisal is required for gifts of art valued at $20,000 or more. IRS may also request that you provide a photograph.

Recent Case Provides a Note of Caution to Taxpayers Related to Documentation of Noncash Charitable Contributions

As we begin the new tax year of 2015, a review of a 2014 Tax Court Memorandum Decision (TC Memo 2014-203, Thad D. Smith v. Commissioner) provides a reminder that the IRS and the courts take the charitable contribution rules seriously and that good tax documentation is required to support a deduction for noncash charitable contributions. Here’s a summary of the take-away lessons from the Smith case regarding documentation of noncash charitable contributions:

Recordkeeping for Contributions for which You Receive Goods or Services

If you receive goods or services, such as a dinner or theater tickets, in return for your contribution, your deduction is limited to the excess of what you gave over the value of what you received. For example, if you gave $100 and in return received a dinner worth $30, you can deduct $70. But your contribution is fully deductible if:

If you made a contribution of more than $75 for which you received goods or services, the charity must give you a written statement, either when it asks for the donation or when it receives it, that tells you the value of those goods or services. Be sure to keep these statements.

Cash Contribution Made through Payroll Deductions

You can substantiate a contribution that you make by withholding from your wages with a pay stub, Form W-2, or other document from your employer that shows the amount withheld for payment to the charity. You can substantiate a single contribution of $250 or more with a pledge card or other document prepared by the charity that includes a statement that it doesn't provide goods or services in return for contributions made by payroll deduction.

The deduction from each wage payment is treated as a separate contribution for purposes of the $250 threshold.

Substantiating Contributions of Services

Although you can't deduct the value of services you perform for a charitable organization, some deductions are permitted for out-of-pocket costs you incur while performing the services. You should keep track of your expenses, the services you performed and when you performed them, and the organization for which you performed the services. Keep receipts, canceled checks, and other reliable written records relating to the services and expenses.

As discussed earlier, a written receipt is required for contributions of $250 or more. This presents a problem for out-of-pocket expenses incurred in the course of providing charitable services, since the charity doesn't know how much those expenses were. However, you can satisfy the written receipt requirement if you have adequate records to substantiate the amount of your expenditures, and get a statement from the charity that contains a description of the services you provided, the date the services were provided, a statement of whether the organization provided any goods or services in return, and a description and good-faith estimate of the value of those goods or services.

Please call us if you have any questions about these rules. Together we can make sure that you'll get all the deductions to which you are entitled when we prepare your 2014 tax returns.

On Oct. 30, the IRS issued its cost-of-living adjustments for 2015. In a nutshell, with inflation remaining in check, many amounts increased only slightly, and some stayed at 2014 levels. As you implement 2014 year end tax planning strategies, be sure to take these 2015 adjustments into account in your planning.

Individual income taxes

Tax brackets will widen and personal exemptions will increase slightly for 2015.

Tax-bracket thresholds increase for each filing status but, because they’re based on percentages, they increase more significantly for the higher brackets. For example, the top of the 10% bracket increases by $150 to $300, depending on filing status, but the top of the 35% bracket increases by $3,625 to $7,250, again depending on filing status.

2015 ordinary income tax brackets

Tax rate

Single

Head of household

Married filing jointly or surviving spouse

Married filing separately

10%

           $0 –     $9,225

           $0 –   $13,150

           $0 –   $18,450

           $0 –     $9,225

15%

    $9,226 –   $37,450

  $13,151 –   $50,200

  $18,451 –   $74,900

    $9,226 –   $37,450

25%

  $37,451 –   $90,750

  $50,201 – $129,600

  $74,901 – $151,200

  $37,451 –   $75,600

28%

  $90,751 – $189,300

$129,601 – $209,850

$151,201 – $230,450

  $75,601 – $115,225

33%

$189,301 – $411,500

$209,851 – $411,500

$230,451 – $411,500

$115,226 – $205,750

35%

$411,501 – $413,200

$411,501 – $439,000

$411,501 – $464,850

$205,751 – $232,425

39.6%

         Over $413,200

         Over $439,000

         Over $464,850

         Over $232,425

 

The personal and dependency exemption increases by only $50, to $4,000 for 2015. The exemption is subject to a phaseout, which reduces exemptions by 2% for each $2,500 (or portion thereof) by which a taxpayer’s adjusted gross income (AGI) exceeds the applicable threshold (2% of each $1,250 for separate filers).

For 2015, the phaseout starting points increase by $2,425 to $4,850, to AGI of $258,250 (singles), $284,050 (heads of households), $309,900 (joint filers), and $154,950 (separate filers). The exemption phases out completely at $380,750 (singles), $406,550 (heads of households), $432,400 (joint filers), and $216,200 (separate filers).

Your AGI also may affect some of your itemized deductions. An AGI-based limit reduces certain otherwise allowable deductions by 3% of the amount by which a taxpayer’s AGI exceeds the applicable threshold (not to exceed 80% of otherwise allowable deductions). For 2015, the thresholds are $309,900 (up from $305,050) for joint filers, $284,050 (up from $279,650) for heads of households, $258,250 (up from $254,200) for singles and $154,950 (up from $152,525) for separate filers.

AMT

The alternative minimum tax (AMT) is a separate tax system that limits some deductions, doesn’t permit others and treats certain income items differently. If your AMT liability is greater than your regular tax liability, you must pay the AMT.

Like the regular tax brackets, the AMT brackets are annually indexed for inflation. For 2015, the threshold for the 28% bracket increased by $2,900 for all filing statuses except married filing separately, which increased by half that amount.

2015 AMT brackets

Tax rate

Single

Head of household

Married filing jointly or surviving spouse

Married filing separately

26%

         $0  –  $185,400

         $0  –  $185,400

         $0  –  $185,400

          $0   –  $92,700

28%

         Over $185,400

         Over $185,400

         Over $185,400

         Over $92,700

The AMT exemptions and exemption phaseouts are also indexed. The exemption amounts for 2015 are $53,600 for singles and heads of households and $83,400 for joint filers, increasing by $800 and $1,300, respectively, over 2014 amounts. The inflation-adjusted phaseout ranges for 2015 are $119,200–$333,600 (singles and heads of households) and $158,900–$492,500 (joint filers). (Amounts for separate filers are half of those for joint filers.)

Education- and child-related breaks

The maximum benefits of various education- and child-related breaks generally remain the same for 2015. But most of these breaks are also limited based on the taxpayer’s modified adjusted gross income (MAGI). Taxpayers whose MAGIs are within the applicable phaseout range are eligible for a partial break — breaks are eliminated for those whose MAGIs exceed the top of the range.

The MAGI phaseout ranges generally remain the same or increase modestly for 2015, depending on the break. For example:

The American Opportunity credit. The MAGI phaseout ranges for this education credit (maximum $2,500 per eligible student) remain the same for 2015: $160,000–$180,000 for joint filers and $80,000–$90,000 for other filers.

The Lifetime Learning credit. The MAGI phaseout ranges for this education credit (maximum $2,000 per tax return) increase for 2015; they’re $110,000–$130,000 for joint filers and $55,000–$65,000 for other filers — up $2,000 for joint filers and $1,000 for others.

The adoption credit. The MAGI phaseout ranges for this credit also increase for 2015 — by $3,130, to $201,010–$241,010 for joint, head-of-household and single filers. The maximum credit increases by $210, to $13,400 for 2015.

(Note: Married couples filing separately generally aren’t eligible for these credits.)

These are only some of the education- and child-related breaks that may benefit you. Keep in mind that, if your MAGI is too high for you to qualify for a break for your child’s education, your child might be eligible.

Retirement plans

Many retirement-plan-related limits increase slightly in 2015; thus, you may have opportunities to increase your retirement savings:


Type of limitation

2014 limit

2015 limit

Elective deferrals to 401(k), 403(b), 457(b)(2) and 457(c)(1) plans

$17,500

$18,000

Annual benefit for defined benefit plans

$210,000

$210,000

Contributions to defined contribution plans

$52,000

$53,000

Contributions to SIMPLEs

$12,000

$12,500

Contributions to IRAs

$5,500

$5,500

Catch-up contributions to 401(k), 403(b), 457(b)(2) and 457(c)(1) plans

$5,500

$6,000

Catch-up contributions to SIMPLEs

$2,500

$3,000

Catch-up contributions to IRAs

$1,000

$1,000

Compensation for benefit purposes for qualified plans and SEPs

$260,000

$265,000

Minimum compensation for SEP coverage

$550

$600

Highly compensated employee threshold

$115,000

$120,000

Your MAGI may reduce or even eliminate your ability to take advantage of IRAs. Fortunately, IRA-related MAGI phaseout range limits all will increase for 2015:

Traditional IRAs. MAGI phaseout ranges apply to the deductibility of contributions if the taxpayer (or his or her spouse) participates in an employer-sponsored retirement plan:

Taxpayers with MAGIs within the applicable range can deduct a partial contribution; those with MAGIs exceeding the applicable range can’t deduct any IRA contribution.

But a taxpayer whose deduction is reduced or eliminated can make nondeductible traditional IRA contributions. The $5,500 contribution limit (plus $1,000 catch-up if applicable and reduced by any Roth IRA contributions) still applies. Nondeductible traditional IRA contributions may be beneficial if your MAGI is also too high for you to contribute (or fully contribute) to a Roth IRA.

Roth IRAs. Whether you participate in an employer-sponsored plan doesn’t affect your ability to contribute to a Roth IRA, but MAGI limits may reduce or eliminate your ability to contribute:

You can make a partial contribution if your MAGI falls within the applicable range, but no contribution if it exceeds the top of the range.

(Note: Married taxpayers filing separately are subject to much lower phaseout ranges for both traditional and Roth IRAs.)

Gift and estate taxes

The unified gift and estate tax exemption and the generation-skipping transfer (GST) tax exemption are both adjusted annually for inflation. For 2015 the amount is $5.43 million (up from $5.34 million for 2014).

The annual gift tax exclusion remains at $14,000 for 2015. It’s adjusted only in $1,000 increments, so it typically increases only every few years. It increased to $14,000 in 2013, so it might go up again for 2016.

Is tax relief on your horizon?

With the 2015 cost-of-living adjustment amounts trending slightly higher, you have an opportunity to realize a little bit of tax relief next year. In addition, with many retirement-plan-related limits also increasing, you may have the chance to boost your retirement savings. If you have questions on the best tax-saving strategies to implement based on the 2015 numbers, please give us a call. We’d be happy to help.

On Dec. 16th, the Senate passed the Tax Increase Prevention Act of 2014 (TIPA), which the House had passed on Dec. 3rd. TIPA is the latest tax “extender” package, a stopgap measure that retroactively extends through Dec. 31, 2014, certain tax relief provisions that expired at the end of 2013. It was drafted after the collapse of negotiations over a bill that would have made some of the provisions permanent, while extending others through 2015.
 
Several provisions in particular can produce significant tax savings for businesses and individuals on their 2014 income tax returns — but quick action (before Jan. 1, 2015) may be needed to take advantage of some of them.
 

Provisions affecting businesses

TIPA provisions most relevant to businesses include:
 
50% bonus depreciation. This additional first-year depreciation allows businesses to recover the costs of depreciable property more quickly for qualified assets. Qualified assets include new tangible property with a recovery period of 20 years or less (such as office furniture and equipment), off-the-shelf computer software, water utility property and qualified leasehold improvement property. The provision also allows corporations to claim unused alternative minimum tax credits in lieu of bonus depreciation. 
 
The bonus depreciation extension generally applies only to property placed in service in 2014, so if you anticipate making major asset purchases in the next year or two, you might want to act quickly to make them before year end to take advantage of these benefits. But bear in mind that, if you qualify for Section 179 expensing, it could provide a greater tax benefit.
 
Sec. 179 expensing election. TIPA extends higher limits under Sec. 179 of the Internal Revenue Code, which permits businesses to immediately deduct — or “expense” — the cost of qualified assets (such as tangible personal property and off-the-shelf computer software) that are purchased for use in a trade or business in the year they’re placed in service, instead of recovering the costs more slowly through depreciation deductions. 
 
Because of the extension, a business can deduct up to $500,000 in qualified new or used assets. The deduction is subject to a dollar-for-dollar phaseout once the cost of all qualifying property placed in service during the tax year exceeds $2 million, meaning smaller businesses generally reap the greatest benefit. The expensing election can be claimed only to offset net income, not to reduce net income below zero. 
 
Without the extension, the limit for 2014 would have dropped to $25,000, with a $200,000 phaseout threshold. Now it’s scheduled to do so on Jan. 1, 2015. 
 
If your business is eligible for full Sec. 179 expensing, you might obtain a greater benefit from it than from bonus depreciation, because the expensing provision can enable you to deduct 100% of an asset acquisition’s cost. Moreover, Sec. 179 expensing is available for both new and used property. Bonus depreciation, however, could benefit more taxpayers than Sec. 179 expensing, because it isn’t subject to any asset purchase limit or net income requirement. You’ll also want to consider state tax consequences. 
 
Depreciation-related breaks for qualified leasehold improvement, restaurant and retail-improvement property. TIPA extends the ability to:
Research credit. This credit (also commonly referred to as the “research and development” or “research and experimentation” credit) provides an incentive for businesses to increase their investments in research. The credit, generally equal to a portion of qualified research expenses, is complicated to calculate, but the tax savings can be substantial.
 
Work Opportunity credit. This credit is available for hiring from certain disadvantaged groups, such as food stamp recipients, ex-felons and veterans who’ve been unemployed for four weeks or more. The maximum credit ranges from $2,400 for most groups to $9,600 for disabled veterans who’ve been unemployed for six months or more.
 
Transit benefit parity. TIPA extends the provision that established equal limits for the amounts that can be excluded from an employee’s wages for income and payroll tax purposes for parking fringe benefits and van-pooling / mass transit benefits. The limits for both types of benefits are now $250 per month for 2014. Without the extension of parity, the limit for van-pooling / mass transit would be only $130.
 

Provisions affecting individuals

It’s not just businesses that benefit from the tax extenders. The following extended provisions can pay off for individual taxpayers:
 
IRA distributions to charity. Taxpayers who are age 70½ or older can make direct contributions from their IRA to qualified charitable organizations in 2014 without incurring any income tax on the distribution, up to $100,000 per tax year. You can even use the contribution to satisfy a required minimum distribution.
 
State and local sales taxes deduction. Individuals can take an itemized deduction for state and local sales taxes instead of for state and local income taxes. This option can be valuable for taxpayers who live in states with no or low income tax rates or purchase major items, such as a car or boat. If you’re thinking about making a major purchase, it might be worthwhile to do so before 2015.
 
Small business stock gains exclusion. Gains realized on the sale or exchange of qualified small business stock (QSBS) acquired after Sept. 27, 2010, and before Jan. 1, 2015 (rather than Jan. 1, 2014), will be eligible for an exclusion of 100% if the QSBS has been held for at least five years. A qualified small business is a domestic C corporation that holds gross assets of no more than $50 million at any time (including when the stock is issued) and uses at least 80% of its assets in an active trade or business. 
 
The QSBS gain exclusion has been especially valuable ever since the capital gains tax rate increased for high-income taxpayers. And the excluded gain is also exempt from the 3.8% net investment income tax. So you might want to consider purchasing such stock before year end.
 
Qualified tuition and related expenses deduction. The above-the-line tuition and fees deduction may be beneficial to taxpayers who are ineligible for education-related tax credits, though income-based limits also apply to the deduction. The expenses must be related to enrollment at an institution of higher education during 2014 or, if the expenses relate to an academic term beginning during 2014, during the first three months of 2015. 
 
Energy-efficiency tax credits. TIPA extends many (but not all) credits related to energy efficiency.
 

An ongoing battle

Although there’s been a lot of talk about Congress passing comprehensive tax reform legislation, it’s quite possible that we could reach the end of 2015 before knowing whether the provisions discussed above will apply for the 2015 tax year. That’s why your tax planning needs to be a year-round activity. We can help you keep on top of how new legislation, as well as changes in your circumstances, affect your planning.
 
As we move into 2015, the tax implications of the Affordable Care Act (ACA) are becoming a reality for most individuals. The purpose of this article is a discussion of the changes that will affect individual tax filers due to the Individual Shared Responsibility provisions attached to the ACA. The focus will be on the basic requirements of the provisions and new tax rules for the 2014 tax year and beyond. 
 

The Individual Shared Responsibility Provisions

Beginning in January 2014, nonexempt individuals were required to maintain minimum essential coverage health insurance for themselves and their dependents for each month during the taxable year. In order to meet this requirement, an individual must be enrolled in and entitled to receive benefits that include minimum essential coverage for at least one day in the month. 
 
 Individuals have several options for obtaining health insurance meeting the minimum essential coverage requirements including:
 
 

Minimum Essential Coverage

 
In order to qualify as minimum essential coverage, a plan must include items and services within at least these categories:

Health Insurance Premium Assistance Refundable Credit

To help subsidize the cost of health insurance, a premium assistance credit is available. This is a refundable tax credit available to an “applicable taxpayer” for any month that one or more members of the taxpayer’s family are enrolled in qualified health insurance through a state exchange, AND not eligible for coverage through another source such as employer or government coverage. 
 
The credit can be determined in advance by making a request to an Exchange. In that case, Treasury can make direct payments of the credits to health plan insurers. However, individuals may elect to purchase insurance without taking the credits at time of purchase and then apply to the IRS for the credit at the end of the tax year. 
 

Exemptions from Requirement for Health Coverage

Some individuals may be exempt from the requirement to maintain minimum health coverage. These include:
For further explanation of the exemptions, please follow this link:
http://www.irs.gov/uac/ACA-Individual-Shared-Responsibility-Provision-Exemptions
 

Payments Required for Noncompliance with the Individual Shared Responsibility Provisions

For 2014, the annual payment amount is the GREATER of 1% of household income that is above the tax return filing threshold for the taxpayer’s filing status, OR a family’s flat dollar amount. The flat dollar amount is $95 per adult and $47.50 per child, limited to a family maximum of $285 for 2014. The shared responsibility payments are phased in. For 2015, the payment is the greater of 2% of household income, or $325 per adult. For 2016, the payment is the greater of 2.5% of household income, or $695 per adult. 
 
For purposes of the individual shared responsibility payment, household income is defined as the sum of modified adjusted gross income (MAGI), plus the aggregate MAGI of all other individuals taken into account in determining the taxpayer’s family size. 
 
Example:  In 2014, the Smiths, a couple with no children, file a return as married filing jointly. They have household income of $150,000. The Smiths are both uninsured for the entire year of 2014. What is the Smiths’ shared responsibility payment?
 
The penalty is the greater of the flat dollar penalty or the percentage of income penalty, so in this case it would be $1,297
 

New Tax Forms and Reporting Required for Individual Shared Responsibility Provisions

Individuals will need to complete some new tax forms to include with their 2014 return. IRS Form 8962 will be used to compute Premium Tax Credits for individuals. This form should be filed by you if you are an individual taking the premium tax credit, or if advance payment of the premium tax credit was paid for you or anyone in your tax family. In addition, Form 8965 will be filed by you if you want to claim a coverage exemption for yourself or another member of your tax household. Form 1040 will also require new entries on line 46, Excess Advance Premium Tax Credit Repayment, line 61, Tax Owed for Individual Shared Responsibility Payment, and line 69, Net Premium Tax Credit
 
For Draft 2014 Form 1040, please follow this link:
http://www.irs.gov/pub/irs-dft/f1040–dft.pdf
 
For 2014 Form 8962, please follow this link:
http://www.irs.gov/pub/irs-pdf/f8962.pdf
 
For 2014 Form 8965, please follow this link:
http://www.irs.gov/pub/irs-pdf/f8965.pdf
 

Conclusion

Individual taxpayers filing 2014 tax returns in the year 2015 will be affected by the ACA Individual Shared Responsibility provisions. If you do not meet the requirements of the Individual Shared Responsibility provisions, you will be required to make a payment for noncompliance. Keep in mind that the payment amounts will increase for tax years 2015 and after, so it would be in the best interest of most individuals to comply with these provisions to avoid penalties in future tax years. 
 
We are always happy to discuss your individual tax situation with you and help you better understand these new provisions. You may contact us at (719) 630-1186 or through our Secure Email.
 
 

Uncertainty over expired tax provisions complicates year end tax planning

Now that the final quarter of 2014 has begun, many businesses and individuals are turning their attention to year end tax planning. This year, however, uncertainty over dozens of expired or expiring tax provisions complicates the planning process, particularly for business owners.

Fifty-seven provisions expired at the end of 2013 and six more are scheduled to expire at the end of 2014. Congress may extend many of these provisions (in some cases retroactively to the beginning of 2014), but that likely won’t happen until after the midterm elections on Nov. 4 — and perhaps not for a month or more after that date. In the meantime, there are many year end tax planning strategies for businesses and individuals that are available now. Others won’t take shape until after Congress acts.

Keep an eye on expired tax breaks

Year end tax planning for businesses often focuses on acquiring equipment, machinery, vehicles or other qualifying assets to take advantage of enhanced depreciation tax breaks. Unfortunately, the following breaks were among those that expired at the end of 2013:

Enhanced expensing electionBefore 2014, Section 179 permitted businesses to immediately deduct, rather than depreciate, up to $500,000 in qualified new or used assets. The deduction was phased out, on a dollar-for-dollar basis, to the extent qualified asset purchases for the year exceeded $2 million. Because Congress failed to extend the enhanced election, these limits have dropped to only $25,000 and $200,000, respectively, for 2014.

Bonus depreciationAlso expiring at the end of 2013, this provision allowed businesses to claim an additional first-year depreciation deduction equal to 50% of qualified asset costs. Bonus depreciation generally was available for new (not used) tangible assets with a recovery period of 20 years or less, as well as for off-the-shelf software. Currently, it’s unavailable for 2014 (with limited exceptions).

Lawmakers are considering bills that would restore enhanced expensing and bonus depreciation retroactively to the beginning of 2014, but probably won’t take any action until late in the year. In the meantime, how should you handle qualified asset purchases?

  1. If you need equipment or other assets to run your business, you should acquire it regardless of the availability of tax breaks.
  2. For less urgent asset needs, consider spending up to $25,000, the amount you’ll be able to expense regardless of whether Congress extends the expired breaks.
  3. For additional planned asset purchases, consider taking a wait-and-see approach and be prepared to act quickly if and when “tax extenders” legislation is signed into law.

Keep in mind that, to take advantage of depreciation tax breaks on your 2014 tax return, you’ll need to place assets in service by the end of the year. Paying for them this year isn’t enough.

Other expired tax provisions to keep an eye on include the Work Opportunity credit, Empowerment Zone incentives, the health care coverage credit and a variety of energy-related tax breaks.

Revisit the research credit

Congress is likely to extend the research credit (also commonly referred to as the “research and development” or “research and experimentation” credit), as it has done repeatedly since the credit was first established in 1981. But regardless of whether the research credit is restored, it pays to investigate whether your business is eligible for the credit for previous tax years.

Even if you lack the documentation to support traditional research credits, you may qualify for the alternative simplified credit (ASC). Until recently, the ASC could be claimed only on a timely filed original tax return. But the IRS issued new regulations in June allowing most eligible businesses to claim missed credits for open tax years by filing an amended return.

Don’t overlook the manufacturers’ deduction

Many businesses miss out on significant tax savings because they fail to recognize that they’re eligible for the manufacturers’ deduction, also called the “Section 199” or “domestic production activities” deduction. It allows you to deduct up to 9% of your company’s income from “qualified production activities,” limited to 50% of W-2 wages paid by the taxpayer that are allocable to domestic production gross receipts.

Many business owners assume that the deduction is available only to manufacturers. But it’s also available for certain construction, engineering, architecture, software development and agricultural activities.

Consider traditional year end strategies

As always, consider traditional year end planning strategies, such as deferring income to 2015 and accelerating deductions into 2014. If your business uses the cash method of accounting, you may be able to defer income by delaying invoices until late in the year or accelerate deductions by paying certain expenses in advance.

If your business uses the accrual method of accounting, you may be able to defer the tax on certain advance payments you receive this year. You may also be able to deduct year end bonuses accrued in 2014 even if they aren’t paid until 2015 (provided they’re paid within 2½ months after the end of the tax year).

But deferring income and accelerating deductions isn’t the best strategy in all circumstances. If you expect your business’s marginal tax rate to be higher next year, you may be better off accelerating income into 2014 and deferring deductions to 2015. This strategy will increase your 2014 tax bill, but it can reduce your overall tax liability for the two-year period.

Finally, consider switching your tax accounting method from accrual to cash or vice versa if your business is eligible and doing so will lower your tax bill.

Implement strategies for individuals

Like businesses, individuals often can reduce their tax bills by deferring income and accelerating deductions. To defer income, for example, you might ask your employer to pay your year end bonus in early 2015. And to accelerate deductions, you might pay certain property taxes early or increase your IRA or qualified retirement plan contributions to the extent that they’ll be deductible. Such contributions also provide some planning flexibility because you can make 2014 contributions to IRAs, and certain other retirement plans, after the end of the year.

Remember that, when you use a credit card to pay expenses or make charitable contributions this year, you can deduct them on your 2014 return even if you don’t pay your bill until next year.

Other year end tax planning strategies to consider include:

Investment planningIf you’ve sold stocks or other investments at a gain this year — or plan to do so — consider offsetting those gains by selling some of your poorly performing investments at a loss.

Reducing capital gains is particularly important if you’re subject to the net investment income tax (NIIT), which applies to taxpayers with modified adjusted gross income (MAGI) over $200,000 ($250,000 for joint filers). The NIIT is an additional 3.8% tax on the lesser of 1) your net income from capital gains, dividends, taxable interest and certain other sources, or 2) the amount by which your MAGI exceeds the threshold.

In addition to reducing your net investment income by generating capital losses, you may have opportunities to bring your MAGI below the threshold by deferring income or accelerating deductions.

Charitable planningIf you plan to make charitable donations, consider donating highly appreciated stock or other assets rather than cash. This strategy is particularly effective if you own appreciated stock you’d like to sell but you don’t have any losses to offset the gains. Donating stock to charity allows you to dispose of the stock without triggering capital gains taxes, while still claiming a charitable deduction. Then you can take the cash you’d planned to donate and reinvest it in other securities.

Monitoring expired tax breaksKeep an eye on Congress. If certain expired tax breaks are extended before the end of the year, you may have some last-minute planning opportunities. Expired provisions include tax-free IRA distributions to charity for taxpayers age 70½ and older, the deduction for state and local sales taxes, the above-the-line deduction for qualified tuition and related expenses, and the credit for energy efficient appliances.

Start now

Most strategies for reducing your 2014 tax bill must be implemented by the end of the year, so it’s a good idea to start planning now. Uncertainty surrounding the fate of expired tax breaks complicates matters, so contact us today to develop contingency plans for dealing with whatever tax legislation is signed into law.

 

retirementThe bumpy economy and volatile markets haven’t made saving for retirement any easier. But, you’ve still got to keep saving for your golden years. And when doing so, everyone needs to abide by certain fundamentals.

Cash is king

Volatile markets aren’t the only danger your retirement nest egg faces. In fact, you could present one of the biggest dangers — if you make early withdrawals from your IRA or take a 401(k) plan loan.

For example, in addition to being subject to income tax, traditional IRA withdrawals before age 59½ will likely be subject to a 10% early withdrawal penalty. A 401(k) loan (if your plan allows) won’t create a tax liability. However, if you default on it, your outstanding balance will be treated as a distribution and trigger any additional tax liabilities and penalties.

Perhaps more important, the amount that can continue to grow tax-deferred — tax-free in the case of a Roth account — will be reduced after a retirement plan withdrawal or loan, which can significantly shrink what you have at retirement.

To avoid having to tap into your retirement plan, maintain a cash reserve. The optimal amount will vary depending on your age, health, available credit and job situation. But generally you should have enough cash on hand to cover three to six months of living expenses.

Contributions count

While market volatility may make you leery of putting more into your retirement plan, for most people it’s advantageous to do so. First, the power of a retirement plan is tax-deferred (or, in the case of Roth accounts, tax-free) growth. The more time funds have to grow, the larger your nest egg can become.

Second, when the value of stocks is low, you can buy more shares for the same amount of money. Assuming retirement is still at least several years away (so there’s ample time for the market to recover), a down market can be a great time to buy.

Third, if your employer offers a match, at minimum you should contribute enough to get the maximum match. If you don’t, it’s essentially like turning down additional compensation.

Financial objectives change

Examine your investments to see whether the allocation percentages are in harmony with your current risk tolerance and financial objectives. Diversification (which offers not only some protection during market declines, but also higher potential returns over the long run) continues to be a critical investment strategy.

Because retirement plans are subject to annual contribution limits, many people also need to save for retirement outside these tax-advantaged accounts. Consider the tax consequences of investments that create realized capital gains or dividend distributions, because they’ll affect your return on investment. And remember that timing can have a dramatic impact.

For instance, the top long-term capital gains rate of 20% is nearly 20 percentage points lower than the highest ordinary-income tax rate of 39.6% — and it generally applies to the sale of investments held for more than 12 months. Even if you’re not subject to these top rates, paying tax at your long-term capital gains rate rather than your ordinary-income tax rate will provide substantial savings.

Insurance is integral

If you’re like most Americans, your biggest asset is your ability to earn income. Disability insurance can help you protect that asset.

Although many employers offer short-term disability insurance, you may wish to obtain additional, long-term coverage. In computing the level of coverage to carry, plan so that monthly income (based on disability benefits and your current resources) equals at least 60% of your pretax salary.

Also evaluate whether you have adequate life insurance. The amount needed will depend on your current net worth, the lifestyle you want to provide for your family, and your personal circumstances and desires.

Time goes on

Just about everyone’s retirement needs evolve. But that doesn’t mean retirement planning itself changes drastically. Fundamentals such as these should help you get to where you want to go.