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Paying Zero Tax for Your C Corporation
Tax Breaks for 2009
2009 Depreciation Limits
Steps To Cut Your
2009 Tax Bill
New Tax Rules
Tax Credits for
Individuals
Mileage Rates for 2009
Working
Families Tax Relief Act
American Jobs Creation Act
IRS
Eases Health Cost Rules
Cost
Segregation Studies Translate into Money in the Bank
Tax Issues Change As You Get Older
Know the Time Value of Money
Records - What to Keep and What to Toss
Record keeping for Businesses
Shift Income for Family Tax Savings
Roth
IRA Conversion Rules Changed
Tax Benefits From Gifts to Charity
CURRENT TAX DEADLINES
** The IRS has increased the rate of audits for taxpayers with incomes over
$100,000. Corporate audits will also increase, with a projected
audit rate by 2009 of 13% for medium-sized companies and
30% for large corporations.
Is Paying Zero Tax a Good Idea For Your Corporation?
When you run your business as a regular C corporation, it can
make sense to pay a little tax this year to avoid large estimated
tax payments next year.
According to the general rule for corporate estimated taxes, the
IRS won't charge a penalty as long as a company pays current-year
estimated tax of at least the amount that was owed on the preceding
year's return. However, this 'safe harbor' is available only when at
least some tax was owed for the prior year. If a company shows zero
tax liability in a given year, the next year's estimated payments
must equal 100% of the expected tax liability for that year. As a
result of this quirk in the law, you might want to plan corporate
income and deductions so that you always show at least some taxable
income and some tax liability.
Example: Your corporation will incur a small operating loss this
year. Next year your company is projected to owe about $100,000 in
federal income tax. If you do no planning, you may be required to pay
next year's tax bill in full via quarterly installments of $25,000
each, creating a potential cash flow crunch just when your company
might need liquidity.
However, if your company were to report (say) $10,000 of taxable
income this year (perhaps by delaying deductible expenses or selling
an appreciate asset(), this year's tax bill would be $1,500 (15% of
$10,000). Next year, you would be require to prepay a total of only
$1,500, reducing your quarterly installments to $375 each. The
remainder of your tax bill would be due on the filing date for next
year's return, but in the meantime, you have the use of your cash.
This safe harbor exception is only available to corporations with
taxable income of less than $1 million for the preceding three
years.
Tax Breaks
Energy Tax
Incentives Act
- Credits for alternative fuel vehicles
- Credits for energy-conserving home improvements
- Credits for contractors who build energy-efficient homes
- Credits for manufacturers of energy-efficient appliances
- Deductions for energy-efficient improvements to commercial
buildings
Work Opportunity Tax Credit
- Credits for hiring certain disadvantaged workers and veteran
groups
Steps To Cut
Your Tax Bill
- Max out your 401(K) at work or SEP IRA.
- Establish a pension plan for your small
business.
- Make gifts to family or others to use your
tax free $12,000 per donee gift allowance.
- Plan year end business equipment purchases to
take advantage of the increased expensing limit of
$125,000 for 2009.
- If you plan to deduct sales tax, buy your
planned big ticket purchases this year.
- Invest in dividend-paying stocks. Because of
the favorable 5% and 15% tax rates on dividend income,
holding stocks that pay dividends can reduce your taxes
immediately.
- Hold stocks long term. Long term capital
gains are also taxed at a maximum 15% tax rate. So when
you decide to sell stocks, bonds or other investments,
remember that meeting the 12-month holding period for
long term gains provides significant tax savings.
- Sell loser stocks to offset gains. Your stock
portfolio may include some real losers. If you have some
big winners too, sell poor performers to offset capital
gains on the winners.
- Make full use of retirement plans. If you have
a 401(k), 403(b) or 457 plan, consider contributing the maximum
amount. For 2009, the maximum deductible contribution
is $15,000 (An additional $5,000 if you'll be age 50 or older before
year-end).
- Make your home energy efficient You may claim a lifetime credit of up to $500 for making
qualifying energy saving improvements to your home
including installation of certain insulation materials,
exterior windows and doors, electric heat pumps and
central air.
- Go solar. You may claim a 30%
credit (with certain dollar limits) for installing solar
water heating, photovoltaic, or fuel-cell equipment in
your home.
- Give stocks to kids or grandkids. Instead of
a cash gift to a child or grandchild, consider giving
stocks. Assuming the kids are in a lower tax bracket than
you, then can sell appreciated stocks at a lower capital
gains rate.
- Postpone income and speed up deductions. Some
options - If you run a small business, reduce 2006 taxable
income by billing customers after December 31. Make your
January mortgage payment in December to deduct interest
on your 2006 return. Make planned charitable gifts in
December instead of January.
New
Rules Create Tax-Saving Opportunities
Capital gains taxes beginning in 2009 will drop to zero
for taxpayers in the lowest two regular tax brackets. If you're a
single filer with income less than about $32,000 or married with
income less than about $64,000, the new zero long-term capital gain
rate could apply to you.
Higher contribution limits for retirement plans made
permanent.
Beginning in 2010, all taxpayers, regardless of their income
level, can convert their traditional IRA to a Roth IRA. The
conversion is taxable but can be averaged over 2 years.
Roth 401(k)s made permanent.
Saver's credit made permanent
and income phase-out adjusted for inflation after 2006.
$500 retirement plan start-up
credit for businesses made permanent..
AGI phase-out ranges for IRA
contributions indexed for inflation.
Nonspouse beneficiaries
allowed to roll over distributions from decedent's retirement plan.
Tax refunds can be directly
deposited into IRAs.
No 10% early withdrawal penalty on early retirement plan
distributions for certain military reservists and public safety
employees.
Section 529 plans favorable tax treatment made permanent.
Cash donations will require bank record or
written documentation from charity.
Charitable donation for used clothing and household goods
allowed only for items in "good" condition.
Certain IRA withdrawals directly donated to charity
temporarily allowed tax-free.
Tax Rates. The new law
extends the 2003 lower tax rates through December 31, 2010.
AMT. The new law provides higher exemption amounts. The
AMT exemption for married couples filing jointly in 2009 is $62,550,
and the exemption for singles $42,50. The new law also extends
the benefit of certain personal tax credits in
calculating the alternative minimum tax.
Expensing. The new law extends the higher expensing
allowance of $108,000 in equipment costs write-off to December 31,
2009.
Roth IRAs. Beginning in 2010, there will be no income
limit for converting a traditional IRA to a Roth IRA.
Kiddie Tax. Beginning in 2009, the kiddie tax rules apply
to kids up to 19 years of age (to age 24 for full time students).
Mileage Rates for 2009
The IRS has increased the optional standard mileage rates
for business miles driven between July and December of 2009. For business miles
the rate is 58.5 cents a mile for the rest of 2009.
The mileage rate for January through July 2009 is 50.5 cents
per mile. Driving
for charitable purposes remains deductible at 14 cents a
mile.
The rate or medical an moving mileage for the last 6 months of
2009 was raised to 27 cents per mile, the rate remains at 19 cents
per mile for the first six months.
2009 Depreciation Limits
For passenger cars used as business vehicles first placed into
service in 2009, $3060, $4,900 for 208, $2850 for 2009 and $1775 for
each year thereafter.
For light trucks and vans first placed in service in 2009, $3,260
for 2009, $5,200 for 2009, $3,050 for 2009, and $1,875 for each year
thereafter.
Tax Credits for Individuals
Tax credits
are available for environmentally friendly cars.
Tax credits can ease the cost of installing certain
energy saving features. Solar hot water heaters are eligible for a
maximum credit of $2,000. A 10% credit ($500 limit) is available for
improvements such as insulation and energy efficient windows.
Working
Families Tax Relief Act
Here are the tax breaks extended via this new law:
Child tax credit. The $1,000 per child tax credit
will remain at that level through 2010 instead of dropping
back to $700 in 2005 as previously scheduled.
Refundable child tax credit. The law has increased
to 15% in the refundability
of the child tax credit for low-income taxpayers.
Marriage penalty relief. Married filing jointly?
You'll be happy to know two areas of marriage penalty relief
have been extended through 2010. One change means the standard
deduction for joint returns will continue to be twice as
much as the deduction for single filers (for 2005, the deduction
is $4,850 for singles and $9,700 for couples filing jointly.)
Another provision keeps the size of the 15% tax bracket
for couples at double that of singles.
Expanded 10% tax bracket. The
new law keeps the wider 10% bracket through 2010. A wider
bracket at a lower rate equals less tax for approximately
73 million filers, according to the Joint Committee on Taxation.
Educator expenses. Teachers, keep those receipts!
Qualified supplies purchased for classroom use can reduce
gross income on your 2009 tax return by as much
as $250.
Alternative minimum tax. If you were worried that
the alternative minimum tax could affect you in 2009, take
heart. The AMT exemption amount will remain at $58,000 for
couples and $40,250 for singles for one more year.
Electric and clean-fuel vehicles. The full deduction
for the purchase of a clean-fuel vehicle and the full credit
for the purchase of a qualified electric vehicle are reinstated
for 2009.
Business credits and deductions. The new law retroactively
extends a list of credits that had expired. For instance,
the research credit has been extended through 2009,
as have credits for hiring certain economically disadvantaged
workers.
American Jobs Creation Act
In this legislation, Congress's main purpose was the repeal
of the foreign sales corporation extraterritorial income
tax regime. The law became much more; it's a 650-page document
that makes many changes to the tax code, changes that will
affect large and small businesses, farmers and individual
taxpayers. Among the changes are:
The FSC/ETI rules are gradually being repealed since 2005.
The tax break for qualifying extraterritorial income (ETI)
is replaced by a new deduction for manufacturers. Initially,
the deduction is 3% of the lesser of (a) qualified production
activity income for the year, or (b) taxable income for
the year. The deduction is gradually phased in until it
reaches 9% in 2010. It is limited to 50% of W-2 wages paid
during the tax year.
Taxpayers who itemize deductions on their federal income
tax returns will be allowed to deduct state and local sales
tax in lieu of state and local income tax.
Deferred compensation plans may be amended as late as December
31, 2009, so long as the plan is operated based on a good faith,
reasonable interpretation of the statute and its purpose.
The $100,000 first-year expensing allowed for the
purchase of business equipment is extended through 2009.
The first-year expensing allowed for sport utility vehicles
used in business is limited to $25,000.
The depreciation period for qualified leasehold improvements
to nonresidential real property and qualified restaurant
property placed in service after date of enactment and before
2006 is reduced from 39 years to 15 years.
Changes are made to the S Corporation rules, including
allowing 100 shareholders (up from 75) and treating family
members as one shareholder.
The deduction rules are tightened for donations of vehicles
and intellectual property to charity.
IRS
Eases Health Cost Rules
If you have a flexible spending accounts (FSA) to pay for
medical expenses with pre-tax dollars, you an use your FSA
funds to pay for over the counter drugs such as aspirin,
flu medications, allergy pills and cold medicines.
Vitamins and dietary supplements still don't quality nor
do toiletries, cosmetics and sundry items.
The cost of over the counter drugs continues to be nondeductible
as an itemized medical deduction.
Cost
Segregation Studies Translate into Money in the Bank
Cost segregation studies are a hot topic in business today,
and for good reason. They are strategic tools that allow
companies and individuals to increase their cash flow by
maximizing depreciation benefits for tax purposes. Recent
court rulings, federal legislation and IRS tax code changes
have made the studies more valuable than ever before.
"It's a safe way to save a lot of money," says
Dave Downie, one of Hill, Barth & King LLC's Tax Principals.
"With the recent tax code changes, a business can profit
without fearing it is crossing the line. Cost segregation
studies are part of playing by the rules." The acquisition
of a building, construction of a new building or expansion
of an existing facility provides an opportunity to see significant
tax dollars through the use of a cost segregation study.
Valuable Tax Savings and Cash Flow
The standard depreciation period for most commercial buildings
is 39 years. Building components that support the structure
do not qualify for a shorter life. However, those components
which support the business operation do qualify for a shorter
life. A cost segregation study identifies and reclassifies
those parts of a building which can be depreciated at a
faster ate, typically 15 years for land improvements and
five to seven years for various types of equipment.
Some of the tangible benefits of a cost segregation study
include lower taxes, greater cash flow and useful, new information
to more effectively and efficiently operate a business.
Tax savings can add up to significant dollars.
Unfortunately, many tax preparers, business owners and
executive do not take advantage of these tax savings. Dave
Downie indicates many have not heard about the studies,
while others say hey will lose the tax benefits later. He
points out a tax dollar saved now is worth more than a tax
dollar saved years down the road. Downie also explains that
a growing business will always have tax-saving opportunities.
Tax Guidance and Eligibility Requirements
A 1997 federal court case and 1999 IRS ruling provided
better guidance for cost segregation studies. More recent
U.S. Treasury rulings and tax law changes ha also clearly
defined the benefits.
The Job Creation Worker Assistance Act of 2002 allows for
an additional 30 percent in Bonus" deprecation for
specific equipment purchases. The Tax Act of 2003 increased
the bonus depreciation to 50 percent (from 30%) for qualified
property. These recent changes enhance the benefit of a
cost segregation study. Finally, IRS Revenue Procedure 2002-19
now allows taxpayers to catch up on any depreciation they
may have missed in prior years. Therefore, even buildings
purchased or constructed years ago can benefit from a cost
segregation study. Some specific examples include:
- Buildings and facilities constructed since 1987
- Facilities and buildings built before 1986, but acquired
after 1986
- Building additions and renovations completed after 1986
It is best to begin a cost segregation study before construction
or remodeling stars, but eligibility requirements offer
tax savings for many types and ranges of businesses. Acquisition
of a business which includes a building can also benefit.
Overview of a Study
A cost segregation study combines engineering, construction
and tax expertise to develop a document which supports a
faster ate of depreciation for the segregated costs. The
following components are usually part of a cost segregation
study:
- An analysis of the blueprints and buildings specifications
- A property inspection to determine the nature and use
of the facility
- A review of cost information and invoices
- An evaluation of the scope and makeup of various contracts
and functions of facility assets.
- Classifying and segregating property elements
- Reconciling direct, indirect and installed costs
The cost segregation team conducts thorough examinations
and provides full documentation, photographs, legal and
regulatory papers and many other important details.
Industries Benefiting From a Cost Segregation
Study
Most businesses can benefit room a cost segregation study.
There are many diverse examples of eligible properties,
such as
- Manufacturing facilities
- Warehouses
- Medical facilities
- Office buildings
- Corporate headquarters
- Hotel/Conference centers
- Auto dealerships
- Apartment buildings
- Grocery stores
- Restaurants
- Bank branches
- Food processing
- Other properties with special equipment needs
Cost segregation studies are only for depreciation purposes
and usually will not impact a property's classification
under personal property tax laws.