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JS+A 2008 Tax Tips

TIMING IS EVERYTHING IN COMEDY…AND TAXES


The general rule in tax planning is, later is better. So if you can defer collection of taxable income to 2009, do it, say by slowing down invoicing or collections in your business. If you can accelerate deductions to 2008, that’s a good idea too. Business equipment and build out is entitled to extra write-offs this year, so if you need it, consider getting it by year end. There are some important caveats: if you expect tax rates to be higher next year (unlikely, based on the things the incoming Administration is saying), or if you expect to be in a higher tax bracket next year, deferral probably does NOT make sense. And stuffing checks in the drawer won’t work; the IRS says you must count as income money that you control, even if it isn’t in the bank yet. Credit card purchases DO count for 2008, if they hit your account this year. Even if the statement comes next year and is paid over time, the purchase is still considered complete in the year it posts.
 


A HAPPY, HEALTHY BUNCH


Some deductions are only allowed above certain thresholds. For example, medical expenses are only allowed to the extent they exceed 7.5% of your adjusted gross income (“AGI”). It can be hard for generally-healthy taxpayers to get over this hurdle. Say you make about $100,000. To be deductible, your medical expenses would have to exceed $7,500. By bunching payments into a single year, they can sometimes generate a valuable write off. If you are looking at extensive dental work, for example, you could pay your dentist in advance for an entire course of treatment, if doing so, when combined with other medical deductions like co-pays, prescriptions, medical travel and parking, eye care and the like will get you over this hump. If you are subject to Alternative Minimum Tax (the dreaded “AMT”), the threshold is 10% of AGI…
 


CONVERT REGULAR IRA TO ROTH – IN A DOWN MARKET, IT’S CHEAPER


Roth IRAs are the bomb. They offer taxpayer-friendly features that put most other types of retirement account in the shade. If you have another type of account, like a regular IRA, you can convert it to a Roth so long as your adjusted gross income, not counting any conversion, is under $100,000. You pay tax when you convert a regular IRA to a Roth, just as if you had withdrawn the money from the regular IRA. But any growth or income in the account thereafter is permanently tax free. And if your IRA account is down, the cost of converting will be down as well.

Example: Tiny Tim has a traditional IRA that he funded with deductible contributions. It was worth $10,000 at the height of the market, but now is worth only $6,000. If his other income is under $100,000, Tim can convert his IRA to a Roth. He will have to pay tax on the $6,000, but any growth thereafter will be completely free of tax – assuming he satisfies various Roth requirements that most folks easily meet. If he lives a long time, he will save a huge amount of tax. And even if he doesn’t, a Roth IRA has desirable features if it becomes part of his estate.
 


MAKE GIFTS OF STOCK WHEN THE MARKET IS LOW


A taxpayer can give up to $12,000 a year in 2008 in property to anyone he or she wishes, without gift tax implications. In a down market, $12,000 means more shares of stocks, or a larger interest in real estate. Make sure to document the gift appropriately.
 


WORTHLESS STOCKS CAN BE WORTHY


Stocks of companies like Fannie Mae have lost almost all their value. But they are not worthless. If you want to take a 2008 loss on these losers, sell them by year end in a taxable account. (Losses in your IRA or 401k are not deductible.) Your broker may be willing to buy them from you. Other investments may truly be worthless. If this is the case, you can take a loss on them in the year their worthlessness can be fixed. That is not always easy, which is why a sale, even for pennies, is better for tax purposes, if possible. Otherwise, make sure to collect what evidence you can that shows the worthlessness of any investment on which you would like to take a loss.



LOST IN THE WASH


Let’s say a stock in your taxable account has gone down in value. You can sell it, and take a deductible loss. But if you buy the same stock within 30 days before or after such a loss-making sale, your loss is not allowed right away. This is called a “wash sale”, because your purchase washes out your sale. So just wait 30 days, or buy a similar, but not identical stock. For example, perhaps you own GM stock, which is way down. You wish to maintain an investment in auto companies, but you don’t want to forfeit a chance at a 2008 loss due to the wash sale rule. You could sell GM shares and immediately buy Toyota stock, without creating a wash sale. Or you could own low-cost index shares, like me, in which case you wouldn’t care quite so much about this or that sector. An index investor could still sell, say, a Vanguard index and buy a Fidelity index if she or he wanted to take a tax loss.
 


LAST MINUTE NEWS: CONGRESS SUSPENDS REQUIRED MINIMUM DISTRIBUTIONS FOR 2009 (NOT 2008)


Folks over 70 ½ must take at least some money from their IRAs and other retirement accounts by year end. They pay tax on the money when they take it out. If they fail to do withdraw this minimum amount (called an “RMD”), hefty penalties apply. The RMD is based on the value of the accounts at the end of the prior year. A brand-new law suspends the RMD requirement for 2009. 2008 withdrawals still must happen, unfortunately. They are based on account values at 12 31 2007.
 


SAVE THE WORLD – BUT GET A RECEIPT


Charities are reeling from donations that have fallen with the falling economy. If you help out a charity this year, you can earn valuable tax breaks. Recent changes in the rules mean you MUST have a written acknowledgment from the charity for donations of money in excess of $250 in order to claim a deduction. A canceled check alone will not do the trick. Churches and the like have improved their record keeping to help donors meet this requirement; ask for your record of giving before tax time.
 


HOME BUYER INCENTIVE – UNCLE SAM WILL FRONT YOU SOME CASH FOR A HOUSE

If you buy a principal residence (not a vacation home) between April 10 2008 and June 30 2009, and if your adjusted gross income is under $95,000 if single ($175,000 if married filing jointly), you can get an interest-free loan of up to $7,500 from the federal government by way of a big new tax credit that will fatten or create a refund for you. You repay the loan by having $500 added to your tax for 15 years starting two years after the year you purchase the house. You have to pay back any credit in a year where you sell the house at a profit or stop using it as your principal residence. If you buy a home in 2009 that qualifies, we can help you file an amended 2008 return, so you get a refund right away to help with the purchase. Zero-percent financing for a down payment is very unusual these days, so this is something taxpayers should use if they can. See you at the housewarming!
 

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Last revised: 06/28/2010