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You And the 2005 Tax Law

Hello everyone!

Another bumper year for tax law changes...

Here is a plain language run-down of some of the more important provisions in the new laws. Be sure to ask a qualified tax professional if you have questions about these or other tax matters.

Best regards
John Schachter EA


IRS Mileage rate goes back DOWN for 2006

 

Beginning January 1, 2006, the standard mileage rate for business use of a car will be 44.5 cents per mile driven. This is down from the post-Katrina amount of 48.5 cents, but more than the 40.5 cents that applied from January - August 2005.
 
In 2006, charitable miles will be worth 14 cents each and medical and moving miles can be charged at 18 cents per mile. Keep records of business, moving, medical and/or charitable miles - they can really add up!
 
 

Energy efficient improvements - wait till 2006 for government credit on "sealing the envelope"

 

Starting in the new year, taxpayers may be able to claim a credit of up to $500 on their 2006 and/or 2007 Federal taxes for energy-efficient improvements and upgrades.
 
Lots of taxpayers erroneously believe they can get a tax break for buying dishwashers, clothes washers and refrigerators. Nope. The companies who *make* these things can get a tax break.
 
Homeowners, however, can claim a credit based on 10% of energy conservation improvements to the "building envelope" of an existing building - insulation and certain roofing - that sort of thing. Materials count for the credit; not labor.
 
They can also claim a credit based on 100% of the cost of three kinds of appliances:
 
  •  certain furnaces
  •  advanced main air circulating fans
  •  certain heat pumps and central air conditioners
 
Improvements to a vacation home are not eligible.
 
Businesses don't get a credit. They get a deduction, instead. The deduction is based on energy-efficient improvements made in 2006 or 2007 to commercial properties (not residential).
 
Extra credits apply if you "go solar" or switch to fuel cells at home!
 

Wait till 2006 for that Prius

 

You can take a valuable deduction in 2005 for purchase of an energy-efficient car like a hybrid Civic or Prius. But the benefit is larger if you wait till 2006, when a credit of between $400 and $3400 may apply.
 
If you buy a fuel cell vehicle, the credit is as much as $12,000!
 
The credit amounts are *not* final. But you can see estimates of them in a pdf file at http://www.aceee.org/transportation/taxcredits06.pdf.
 
 

New type of retirement plan option in 2006 - big opportunity for many workers

 

Starting in 2006, companies can offer "designated Roth accounts" as part of 401(k) or 403(b) plans. If your company chooses to offer such accounts, you should seriously considering taking part. Here's why:
 
Money you put into a designated Roth account is NOT taken off your taxable pay like a regular retirement plan contribution. That's lame - you give up a tax break now.
 
But you can get far more on the back end! The money grows tax-deferred in the account and when you take it out you need not pay tax on it then, either - no matter how much it has grown! Contrast this with the traditional deal, where you generally must pay tax on the full amount of withdrawals from your retirement plan, and you will see that the savings could be quite significant.
 
Lot of clients already know that I am a big fan of the Roth IRA, which works much the same way as these designated Roth accounts. But you are not allowed to contribute to a Roth IRA if you make more than $110,000 ($160,000 for married taxpayers filing jointly). You *can*, however contribute to these new-fangled designated Roth accounts as part of your 401(k) or 403(b) plan, no matter how much you make! Also, you can put up to $15,000 into a designated Roth account for 2006 ($20,000 if you are over 50). That's a lot more than the $4,000 allowed as a Roth IRA contribution next year.
 
Other clients know that I also like the Solo 401k for self-employed clients. Guess what: you will be able to offer designated Roth accounts within a Solo 401k for robo-savings. Check with your plan administrator to see how this can be done... 
 
If you have already decided a Roth IRA is appropriate for you, then you can bet a designated Roth account would be even better. Generally, if you have more than ten years till retirement, the Roth arrangement is likely to benefit you.
 
You can roll money out of a designated Roth account into a Roth IRA if you retire or change jobs. Roth IRAs retain certain advantages in how you get at the money, so this will make sense for lots of people.
 
 

Retirement plan contributions - 2006

 

Everyone asks - so here goes: how much you can contribute to common retirement plans in 2006:
 
Traditional IRA                        $4,000
 
Roth IRA                           $4,000 (mix and match with traditional IRA)
 
401k/403b - maximum that worker can put in        $15,000
 
401k/403b - total that worker and boss can put in $44,000
 
SIMPLE IRA        $10,000
 
SEP IRA            up to 25% of salary for workers; up to 20% of profit for self employed - but no more than $44,000
 
Catch up amount if you are over 50 (in addition to the amounts given above):
    Traditional and Roth IRAs           $1,000
     SIMPLE IRA                           $2,500
      401k and 403b plans               $5,000
 
Tax break: folks with modest income can get a tax credit of up to $1000 for putting money away for retirement! Companies who start new plans can claim a smaller credit...
 
 

AMT - the manatee in the hot tub

 

More and more taxpayers will be subject to the special, parallel tax system known as "Alternative Minimum Tax" or AMT in 2005 and 2006. The AMT was originally designed to prevent rich Americans who take lots of write offs from paying no tax. The threshholds triggering AMT have not been adjusted for inflation, however, so more and more people who are far from rich are getting caught in its coils. In fact, the richest Americans rarely pay AMT any more, due to other changes in the tax code.
 
If you are required to pay AMT, basically you lose the benefit of many deductions, including big ones like state income tax and property tax, as well as exemptions for dependents. You do still get a benefit for charitable contributions, most mortgage interest and most business expenses.
 
Pressure is growing on Congress to do something about this. Lots of their budget plans involve the rosy assumption that taxpayers will fork over billions in AMT in the coming years; if they raise the AMT threshold or eliminate AMT altogether, look for higher deficits - or higher taxes in other ways!
 
Check your 2004 return to see if you are in or near the AMT. Look on Form 1040 line 44. This is where AMT was reported last year. If your tax situation is similar in 2005 to 2004, you may well owe AMT again this year.
 
To see if you are near the threshold, look at Form 6251, which is usually included in tax returns we prepare for you. Compare Lines 31 and 34. The closer they get, the closer you are to owing AMT. (For many taxpayers with simple returns and modest income, AMT is not going to apply.) Or ask us.
 
 

Business tax break phases in - manufacturing

 

Starting in 2005, business that make things in the US may be able to take a special deduction. This deduction rises in 2006. The deduction is supposedly aimed at manufacturers, but it is very broad. Architects and software developers can claim it in some cases. We will be looking for this tax break for you in the years to come.
 

IRS ramping up enforcement - promises lots more Corporation and Schedule C audits

 

Small business taxpayers had unusually sunny weather the last few years. Between 2001 and 2004, according to the Treasury Department, only 0.19 percent of S Corporation returns were audited. Only 0.32 percent of small C Corporation returns were audited in the same period.
 
The IRS is ramping up its enforcement activities, with special focus on small businesses who underreport income.
 
Rest assured that we are ready to help with possible government review of our clients' returns. We have a very good track record of defending tax positions taken on taxpayer returns, and of negotiating fair settlements with the IRS and state tax authorities. We have repeatedly closed audits of client returns where no change at all was made to the client's tax bill. Audits need not be scary. They are a sometimes-unavoidable part of being in business. The most important thing about any tax bill or audit - don't ignore it. If dealt with, any tax problem can be resolved. If ignored, it will only get worse.
 
 
 

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Last revised: 11/10/04