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Mid-Year Tax Planning for 2006
Dear Clients and Friends:
Now is an excellent time to consider steps you might take to reduce your taxes
for the current year. You can use the lessons learned from your 2005 tax
filings to develop ways to reduce your 2006 tax liability.
Below are some mid-year tax planning ideas. Keep in mind that we cannot
possibly address every specific situation. Therefore, please review your
situation with your tax adviser before taking any action.
Individual Federal Income Tax Considerations
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Plan ahead. At a minimum, project what your taxable
income will be for 2006 and 2007. Multiple year projections
are essential to proper planning. The projections will help you
consider ways to reduce your combined 2006 and 2007 liability.
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Avoid underpaying or overpaying your tax. Review
your tax position to determine if you need to adjust your payroll tax
withholding or estimated tax payments. Underpayment of your
tax may cause you to pay penalties to the IRS. Overpaying your
tax provides the IRS an interest-free loan.
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Keep good records. Prepare now for April 15 of
next year. Many deductions are lost because a taxpayer did not
keep adequate records. An example would be to start a log of your
business, medical and charitable miles.
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Take time for investment planning. Keep tax consequences
in mind when making investment decisions. If you have net capital
losses, you can deduct only $3,000 of capital losses from ordinary income
for the year, and you must carry over the excess loss. If you are
selling less than your entire holding of a specific stock or fund, and
you purchased shares on different dates, you could minimize your capital
gain by selling shares that have a higher cost basis. To sell shares
other than those purchased first, you must tell your broker the specific
shares you want to sell.
The current favorable tax rates for long-term capital gains apply only when
you hold an investment for more than one year. Don't combine a favorable
long-term capital gain with short-term capital loss. In this situation,
try to take long-term gains in one year and short-term losses in the next to
take full advantage of the long-term capital gain rates.
If you hold mutual funds, you also need to consider the fund manager's
buy-sell decisions. Many funds will post estimates of tax consequences
on their Web sites.
When investing new money, consider high-yield dividend-paying stocks taxed
at favorable capital gains rates over interest income generating investments,
which are taxed at ordinary rates.
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Review passive losses. Many individuals have suspended
passive activity losses. Most investments in limited partnerships
and rental activities are considered passive. If losses exceed
gains, the loss is generally suspended and carried forward until passive
income is recognized. As is often the case, there are exceptions
to the passive-loss rules. Now is an excellent time to review your
situation to determine if you can make any changes to meet one of the
exceptions or generate passive income to offset the suspended passive
losses.
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Plan retirement account minimum distributions. Under
the minimum required distribution rules, distributions from qualified
retirement plans, IRAs and tax-sheltered accounts generally must begin
by April 1 of the year following the year you turn age 70½. The
minimum distribution for the second and later years must be made by Dec.
31 of each year. As a result, the first and second distributions
could occur in the same tax year. For example, an individual who
turns 70½ in 2006 is required to take a first distribution
by April 1, 2007. Under the IRS rules, the second distribution
must be taken by Dec. 31, 2007. You should determine if it would
be more beneficial to start your distributions in 2006 and include the
first distribution in 2006 income rather than taking two distributions
in 2007.
Remember that Roth IRAs are generally not subject to these rules unless the
Roth was inherited.
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Consider setting up a health savings account (HSA). HSAs
allow you to pay medical expenses on a pretax basis for beneficiaries
who are covered under a high-deductible health plan. If you don't
use the funds by age 65, you can withdraw the funds for nonmedical reasons
and pay only income tax. If you currently have a medical savings
account (MSA), you should consider rolling it over to an HSA because
the HSA is generally more beneficial.
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Review charitable contributions. If you own appreciated
stock held for more than one year, consider donating it to a charitable
organization. The fair market value of the stock is your charitable
contribution (subject to adjusted gross income limitations), and you
avoid paying income taxes on the gain. If you hold multiple lots
of the stock, consider gifting the specific lot with the lowest basis. If
you own depreciated stock, consider selling the stock and contributing
the cash.
If you want to keep the appreciated stock but need to make a large charitable
contribution, consider giving the stock and using the cash to replace it. You
end up in the same position, but you have eliminated the unrealized gain on that
security.
Remember that record keeping and filing requirements for charitable contributions
vary based on whether the contribution is made in cash or property and the amount
of the contribution. Now would be a good time to review your contributions
and determine if you have adequate documentation to support a deduction.
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Be aware of "kiddie tax" changes. The
kiddie tax rules require a child's net unearned income (interest,
dividend, capital gains) to be taxed at the parent's tax rate. Prior
to 2006, the kiddie tax applied to children who were under age 14, had
net unearned income greater than $1,600 and were claimed by their parents
as dependents. For 2006, the net income amount has changed to $1,700,
and the age limit has been changed to under age 18.
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Don't forget alternative minimum tax planning. Unfortunately,
by reducing your regular tax liability, you have increased the chances
that you will be subject to the alternative minimum tax (AMT). No
amount of tax planning is complete without considering the AMT implications.
The AMT was created almost 40 years ago to force the wealthy to pay income
tax. The AMT requires you to calculate your tax liability using
the regular method and the AMT method and then pay whichever is higher.
In calculating your income under AMT rules, certain adjustments are made
from the regular tax calculation. You are likely to be subject
to AMT if:
- You have large amounts of miscellaneous deductions
- You pay high state and local incomes taxes or real estate
taxes
- Your income is greater than $150,000
- You exercise stock options and hold the stock
Planning to minimize AMT exposure usually involves multiple years' worth
of projections and postponing deductions to later years or accelerating income
into the current year.
Federal Tax Considerations for Businesses and the Self-Employed
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Maximize the production deduction. For 2006, businesses
can deduct (for both regular and alternative minimum tax) 3 percent of
their qualified production activities income. The deduction percentage
increases to 6 percent in 2007 and to 9 percent beginning in 2010. The
production deduction is available for income from:
- Manufacturers, growers, producers and extractors
- Construction
- Farming
- Processing of agricultural products
- Civil engineering and architectural services performed in
the U.S. for construction projects in the U.S.
- Film, videotape and sound recording
To qualify for the deduction, the activities must be performed in whole or
significant part within the United States. Businesses should review their
operation to determine if they qualify for this deduction. If you
don't qualify, can anything be changed to make you qualify? If a
business is eligible, the deduction can be maximized by reviewing pricing, increasing
internal employment rather than outsourcing or merely reviewing your accounting
process to make sure costs are allocated properly.
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Evaluate your asset acquisition plan. Does your
business have an asset acquisition plan that will maximize your expense
deduction under Internal Revenue Code Section 179? The maximum
amount a taxpayer may expense (immediate deduction) is $100,000 reduced
by the amount by which the cost of qualifying property exceeds $400,000. Both
amounts are increased for inflation for tax years beginning in 2003 and
before 2010. For 2006, the amounts are $108,000 and $430,000 respectively.
However, no Section 179 deduction is allowed in 2006 if acquisitions
exceed $538,000.
If a taxpayer owns an interest in a pass-through entity, the Section 179 deduction
is passed through to the owner. Careful planning needs to be done to maximize
the deduction if an individual owns multiple entities that could potentially
pass through the Section 179 deduction.
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Consider a cost segregation study. If you have
constructed, purchased, expanded or remodeled real estate since 1987,
consider a cost segregation study to increase cash flow by accelerating
depreciation deductions and deferring or recouping federal and state
income taxes.
The purpose of a cost segregation study is to identify assets that can be
depreciated over 5, 7, and 15 years rather than the usual 27½ or 39-year
life for buildings.
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Think about adding a Roth contribution. Starting
in 2006, participants covered by a 401(k) or 403(b) plan whose employer
has adopted the Roth feature will be able to designate some or all of
their salary deferred contributions as after-tax contributions.
This can be a significant benefit for higher income individuals who are not
eligible to make a Roth IRA contribution. You do not get a deduction for
Roth contributions (deferral is from after-tax dollars), but the earnings are
tax free if held in the plan until a qualifying event. Employers should
consider amending their eligible plans to accept Roth contributions.
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See if you qualify for the research and development credit. The
research and development credit is not just for high-tech companies. If
you have developed a new process or product or improved an existing process
or product, you could qualify. The rules for taking and qualifying
for these credits are constantly changing. Recent rules have made
it much easier to qualify. In addition, you may be able to file
amended returns and receive refunds.
Federal Gift and Estate Planning Considerations
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Save estate taxes through gifting/annual exclusion. If
you have accumulated substantial wealth, the estate tax is as much or
more of a consideration than the income tax.
One method of reducing your estate is to make gifts to your potential heirs. The
federal annual exclusion for gifts increased to $12,000 in 2006 (from $11,000). If
you are married, you and your spouse can each give $12,000, for a total of $24,000
per donee. If your gifts exceed the annual exclusion, they are counted
against your $1 million exemption amount before any gift tax is paid.
Often-overlooked items to the gift tax rules are the education and medical
exceptions. Amounts paid directly to the organization providing the medical
service for medical expenses are excluded from the gift tax. Similarly,
transfers to qualifying educational institutions for tuition are excluded from
the gift tax.
The gifting of income-producing assets to children who also may be in a lower
income bracket has lost some of the benefits as a result of recent changes to
the kiddie tax rules by the Tax Increase Prevention and Reconciliation Act of
2005 (see "Be aware of 'kiddie tax'" under Individual
Income Tax Considerations).
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Consider gifting/529 plans. Consider setting up
a 529 plan to put money aside to fund the cost of college for a selected
beneficiary. Earnings and distributions are tax free if used for
qualified college education expenses. Since the contribution is
not made directly to the educational institution, it does not qualify
for the gift tax tuition exclusion but does qualify for the annual exclusion. There
is an election available to spread the contribution over a five-year
period, allowing the annual exclusion in future years to avoid taxable
gifts. Therefore, an individual could contribute $60,000 in 2006
per beneficiary without paying gift tax on the contribution.
Conclusion
With early tax planning, you are more likely to be prepared for April 15 next
year. Call us today to review some tax planning strategies. We may
be able to help you lower this year's tax bill before it is too late.
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