Tax & Related Tips Corner

 

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Most of the input we provide regarding tax matters is contained within the topic itself, and is on the web site page wherein it is contained.  What follows are additional topics or tips of general interest that come to our attention, as well as links to, or descriptions of, significant tax legislation passed within the recent past and that
you may wish to discuss or consider in conjunction with your tax professional or attorney (see Disclaimer at end of this page).

 

 

Tax Relief Act of 2010 (Tax Law Overview for 2011 & 2012)

 

The House and Senate have voted, and President Obama has signed the new Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ("Tax Relief Act of 2010"). The new law includes a number of tax breaks for many taxpayers. Here are some highlights that you may wish to discuss with your tax professional or attorney:
 

Current tax rates and certain tax breaks extended for two years:

• The Tax Relief Act extends the tax rates of 10%, 15%, 25%, 28%, 33%, and 35% for another two years.


• The new law extends for two years the repeal of the phase out of personal exemption for certain high-income taxpayers.
 

• The new law also extends for two years the repeal of the limitation on itemized deductions for certain high-income taxpayers.

Capital gains and dividends:

• The Tax Relief Act sets capital gains and qualified dividends tax rates at 0% and 15% for another two years.

AMT Patch:

• The new law increases the AMT exemption amounts for two years.
Estate tax
 

• The Tax Relief Act sets the estate tax exemption at $5 million per person and $10 million per couple for estates of decedents dying in 2011 and 2012.
 

• The new law reunifies gift and estate taxes. The gift tax exemption increases to $5 million per person for gifts made in 2011 and 2012.
 

• The new law also caps the tax rate at 35% for estates, gifts, and generation-skipping transfers.
 

• The new law provides a choice for estates of decedents who died in 2010 to use the new estate tax exemptions/rates with a stepped-up basis rule, OR to use the existing 2010 law with no federal estate tax but a limit in the amount of basis step-up that is allowed.
 

• The new law allows for "portability" of the estate tax exemption, meaning that any unused estate tax exemption of a deceased spouse can be carried over and utilized by the other spouse who dies second.

Other points of interest:

• The employee withholding portion of the Social Security payroll tax will be reduced by 2.0% for 2011 (e.g., 6.2% withholding is reduced to 4.2%).
 

• Extends for 2010 and 2011 the ability of taxpayers age 70½ or older to exclude from gross income up to $100,000 of qualified charitable distributions.
 

• Extension of unemployment insurance benefits for 13 months.

The points outlined here are just highlights of the new laws. We trust that you will find these highlights of interest.

 

 

 Tax Law Changes Surrounding Insurance and Other Areas as A Result of Health Care "Reforms"

CLICK HERE for an Overview of the "Patient Protection and Affordable Care Act of 2010", better known as "Obamacare" & the Health Care and Education Reconciliation Act (HCERA) of 2010.

Tax Control Vehicles:

 

Many people are searching for ways to better control their taxes.  Are there sound and legal ways to accomplish this?  The answer is yes!  

 

First, there are several forms of tax (income, estate, investment, etc.), so it is important to specify which form of tax you are concerned about.  You then need to isolate the proper "tax control vehicle" that can achieve the results you are seeking. Throughout this web site each of the following "tax control vehicles" are described, and you can find out more about them by looking for them within our Services page. Some of these vehicles are separately represented through Paul M. League - League Financial Services at: www.LeagueFS.com.

 

We offer several "tax control vehicles" that either reduce, defer, or eliminate the various types of taxes altogether.  

 

I.  Recommended "tax reducer" vehicles, to reduce income taxes, include certain Real Estate Limited Partnerships, which provide tax credits resulting in dollar for dollar reductions of income tax. 

 

II.  Recommended "tax deferral" vehicles, to defer income taxes on invested assets, include non-qualified tax deferred Annuities.  When "annuitized" they also work as a "tax reducer", since part of the income they generate is considered a return of principle and therefore non-taxable ("Exclusion Ratio").  Stocks are another tax deferral vehicle, that put off short or long term gain taxation, until the sale of the asset which can be many years later and after the assets have gained considerable value and one may be in a lower tax bracket. Stocks can also be a source of tax reduction when sold for a loss, as they can be used to offset capital gains on a dollar for dollar basis, with excess loss carry forward to future tax years.

 

IRA's, both ROTH and Traditional, are recommended vehicles for tax deferral.  In the case of ROTH IRA's, one can also achieve income tax elimination, through qualified withdrawals.

 

Coverdell, Education Savings Accounts ("ESA's"), better known to many as "Education IRA's", provide not only tax deferral of investment gains, but also tax free payments for eligible education expenses.

 

HSA's, or Health Savings Accounts (Health Insurance with a tax deferred savings account), are another recommended vehicle for "tax deferral" of earnings on those funds.  The "savings component" of these plans can be fully funded each and every year, through age 64, regardless of whether or not any reimbursements have or have not been made.  Some, therefore, refer to the HSA as a "Super IRA" because not only can you put a sizable amount of money into an HSA year in and year out, but you also have access, on a tax free basis, for reimbursement of eligible medical expenses.  Additionally, the tax free reimbursements are based on a more broadly, federally defined, "eligible medical expenses" definition, or listing of allowable expenses, that often far surpasses the limits of any Insurer's plan or State mandated benefits.  Finally, one does not have to first exceed 7.5% of AGI (Adjusted Gross Income) to be able to take deductions for these eligible medical expenses, as is the case with traditional health insurance plans.

 

For businesses recommended "tax deferral", as well as tax deduction vehicles, include Pension and Retirement Plans.  There are many versions of these suitable for various size Groups, with a few specific offerings and plan designs especially well suited to the sole proprietor and/or small business owner, a number of which specifically favor owner/key employees with the lion share of plan contributions & benefits, while not violating anti-discrimination rules and testing.

 

III.  Recommended "tax eliminator" vehicles, to eliminate income taxes, include Term & Cash Value Life Insurance that provide tax free death benefits to beneficiaries.  Cash Value Life Insurance also servers as meaningful accumulation vehicle for "tax deferral", and, if not "over funded" (i.e. converted by over funding into a "MEC", or Modified Endowment Contract), can also provide a tax free income stream (under current tax law). When Life Insurance is owned outside of an insured's Estate, as in an Irrevocable Life Insurance Trust ("ILIT"), it, as an asset, avoids taxation.

 

Disability/Income Protection Insurance, when premiums are not deducted by an individual, provide tax free income benefits that eliminate income tax on any income benefits received during disability.

 

Another recommended tax eliminator vehicle, to eliminate income taxes, is a Municipal Bond Fund/Unit Investment Trust, where both State and Federal income taxes can be eliminated on all generated income.

 

Tax Tips:

 

A Slip of the Lip May Bring on a Tax Audit

Many taxpayers have learned, to their dismay, that it generally isn't wise to talk carelessly about their taxes — especially about sensitive areas. Why? Because the wrong person overheard their careless talk and "turned informer," either for revenge or in the hope of an "informer's reward."

An informer's "tip" to the IRS will often trigger a tax audit. Even though the taxpayer has done nothing improper, he or she may have to suffer through the audit. Not only is this time-consuming, it can also result in additional taxes due to the discovery of an innocent error on the return or the disallowance of a marginal deduction.

TIP: Most informers are disgruntled employees and former spouses or lovers.

Disclaimer: The material discussed herein is meant for general illustration or informational purposes only and is not to be construed as investment advice. Although the information has been gathered from sources believed to be reliable, it is not guaranteed. Please note that individual situations can vary; therefore, the information contained herein should be relied upon only when coordinated with individual professional advice. We are not licensed for and therefore do not provide tax or legal advice.

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