Holidays and Taxes – Part 2

It’s time for year end planning!  Most blogs at this time of year talk about financial moves you can make to minimize your taxes.  I don’t think that bears repeating.  If you are interested in that, here are a few other sites that can help.

http://www.accountingtoday.com/news/Tax-Saving-Year-End-Tax-Planning-Tips-56551-1.html
http://www.smartmoney.com/personal-finance/taxes/year-end-tax-planning-massive-uncertainty-edition/
http://taxes.about.com/b/2010/11/08/year-end-tax-planning-tips-if-you-think-tax-rates-might-go-up-in-2011.htm
http://businesswest.com/2010/11/year-end-tax-planning

I’m more interested in getting everyone organized for the upcoming tax season.  The better prepared you are for tax season, the happier your accountant/tax preparer will be.  After the holiday lull begins in late December or early January (depending on your love of football) take some time to look for your 2010 documentation.

1) Medical receipts.  In order to deduct medical expenses on Schedule A, you must first be able to itemize and second have expenses that are more than 7.5% of your Adjusted Gross Income (AGI).  The most important part though is that you have good documentation. Do you have receipts for any payments to physicians or hospitals or pharmacies?  Did you pay with check or credit card? Having a copy of the statement showing your payment whether from your checking account or credit card is essential. If you cannot find all of your receipts or statements, now is the time to begin calling those who treated you in 2010.  Most doctors can provide you with a printout of your account activity for the year.  Keep an eye on the different codes from that system though.  Any insurance payments on your behalf should not be considered your own payments.

2) Mileage logs. If you drive your vehicle for business, medical or charitable purposes, did you keep good logs of your mileage?  It’s more than just noting starting and ending mileage and date.  A good record of what you did and where you went is essential as well.  Because there are three categories of mileage reimbursement, it is best if you can provide documentation for your tax preparer by category.   By assembling and keeping good notes now, you will save yourself many headaches in case of a future audit.

3) Update your mailing address. If you moved this year, there are a lot of tax documents that are going to take the long road to your home.  This of course slows down their delivery through our illustrious mail system.  Make sure you notify current and former employers (W-2), banks (1099-int and 1098), student loan providers and investment providers of your new mailing address.  Depending on the situation, this could drastically affect your withholding as well if you live in one of the states with local taxes.

4) Make a plan. What is your financial goal for 2011?  Do you want to continue extinguishing your debt?   Will you be saving up for a big purchase to avoid interest?  Will you be moving or changing your family structure (marriage, divorce, kids etc)?  Start thinking about your plan for next year now.  If you don’t make any plans to reach that goal you always talk about, you will never reach it.

Any of these can be done at any time during the year.  However, a little extra planning at year end before the tax documents start arriving can make tax season so much easier for you.

Beyond Yourself, Charitable Giving

So you’ve obliterated all your debt, paid off your credit cards diligently, established an emergency savings fund with 3 to 6 months of expenses in it, purchased the necessary insurance products, what’s next?  The normal attitude of a Western Society would be “let’s save up to buy something big.”  While it’s admirable to be actually saving up for a large purchase, perhaps there’s another option.  Everyone has seen the commercials late at night that show the starving kids of multiple ethnicities with the kindly old grandfather figure asking you to sacrifice a little bit.  Charitable giving is a great way to go beyond yourself and make a difference in the world.  There are as many charitable possibilities as there are causes in the world.  Some cater to animal lovers, feeding the hungry, promoting eduction or children issues, others to environmental causes, others still are religious in nature.  How do you know where to put your dollars to get the biggest bang for your buck?

First, some background.  Taxpayers can often deduct the value of charitable contributions on their tax returns in Schedule A.  This is subject to limits based on income and also assumes that the taxpayer already itemizes.  If you  take the standard deduction on your tax return, you will not see extra tax benefit from charitable contributions.

Contributions can be in the form of cash or property.  Donating used clothing and household items that are in good shape to your local Goodwill store is one way of making a non-cash contribution.  The IRS has guidance available to determine the value of the non-cash deductions.  Many people go even further by working charities into their estate plan to minimize taxes and provide a positive legacy at the end of their life.  Check with your CPA or tax preparer for specific guidance in your situation.

Suppose you want to donate cash directly to a charity.  Charitable organizations, like businesses need cash to operate.  A certain amount of the fund raising they do must cover operational expenses like salaries, marketing, supplies, rent and administration.  The key is to find charities that minimize these expenses as much as possible.  Larger charities are required to submit to the IRS a document with the number 990.  This document contains information on the structure of the charity.  It is also available for public review.

There are other ways to check up on the expense ratio of a charity.  Websites like Charity Navigator, Charity Guide,  The Better Business Bureau and GuideStar (requires registration) give many different ratings on program expense ratio as well as growth percentages and descriptions of the type of work the charity performs.  There are countless other websites and tools available to help you decide.  I found these through a simple search engine query.

Charitable giving lets you go beyond the normal selfish pursuits of society.  In this holiday season, perhaps it’s time to add a charity to your list of gift recipients.  You’ll be surprised to see how much good your donation can do.

Congressional indecision

Working in the payroll software industry during the day has certainly opened my eyes to problems created by our federal elected officials.  Under normal circumstances, Congress decides on a budget for the next year with significant lead time for the president to sign the legislation and the Treasury department (IRS) to issue tax tables based upon that law.  Tax tables, if issued in early November, can be coded, tested and released by software companies well in advance of the next tax year.  Once software companies release these tables, payroll and accounting software providers must update their customers with the new calculations after performing tests of their own.  This entire process can take up to a month.

Now, mix in this year’s congressional indecision.  The federal government’s budget has still not been finalized as of the writing of this post.  Many analysts and representatives are saying nothing will happen until the “lame duck” session following the election in November.  With no tax law available for writing next year’s tax tables, there can be no software coding and testing at the tax table software level or the payroll software provider level.  To add even more complexity to the situation, how is anyone supposed to plan for their tax liability with no rules in place to determine how much liability will exist?

The Treasury Department has three choices:

1. Issue new tables assuming all Bush-era tax cuts will be continued
2. Issue tables assuming all Bush-era tax cuts expire
3. Issue tables similar to this year with small adjustments for inflation

If Treasury and Congress do not follow the same path, any mix of two of these scenarios would cause tax confusion like we have never experienced before.  Think about the Treasury Department assuming tax cuts will continue while Congress lets them all expire.  Not only would there be two releases of withholding rules (expensive!) within a short amount of time, everyone would experience underwithholding.  This would require that everyone re-evaluate their tax position to ensure withholding or estimated payments would be enough to cover liability.

While I normally don’t get political in this blog, this time I’ll make an exception.  Please write or contact your Congressman and make a good case for the urgency of a new budget.  Delaying will cause withholding problems with all taxpayers and prohibit those who wish to plan from making those plans.  Should we withhold on an unpatched AMT, reduced child tax credits, Making Work Pay credit?  Please Congress, let’s get this resolved.

Hey Senator! Stop Taxing My Company Cell Phone!

There are a lot of fringe benefits making the news these days. But none with as much confusion as cell phones and the taxation thereof. If you follow IRS regulations closely you know there is an entity known as the property list. Items on this list are subject to taxation if used by employees for personal use. For example, company cars are on the list. And so are cell phones. They came on the list when they were first introduced way back when they were big clunky things with battery packs. Over time they have gotten smaller, smarter and cheaper. But they are still on the property list. Therefore even though they are common place at work and every second employee gets one, the personal use is still taxable wages to the employee.

Now the reason why I say they are in the news is because last year the IRS was asked to come up with a way to make the taxation easier to track and maintain. At that time the only way to do it is to take each cell phone bill for each phone for each employee and total up the personal calls. This could require an army of accounts payable clerks, so companies weren’t doing it. So the IRS came up with three ways to account for the usage without having to actually review each bill. Unfortunately CNN and the other news outlets got a hold of the IRS Notice announcing the new methods and asking for comments as they are required to do. Next thing you know CNN and the Wall Street Journal are announcing that cell phone are NOW taxable! Well the blogosphere went nuts with everyone up in arms and attacking the IRS for daring to tax our cell phones. They called for the IRS to cease this taxation attempt immediately. But what was not explained was the property list and how the IRS has no control over what goes on it. It is totally controlled by Congress.

In reaction to this uproar a new bill has been debated and passed in the House. H.R. 4994, the Taxpayer Assistance Act of 2010. Introduced by Rep. John Lewis, this bill calls for cell phones to be taken off the property list immediately. It has been sent to the Senate and is currently in the Committee on Finance. But this is not the first time that the House has attempted to take cell phones off the property list. And it always dies in the Senate. So if you care about having to tax cell phones or having your company cell phone taxed, now is the time to act. You need to write or call your senator and let them know you want this passed in the Senate and made law.

Vicki M. Lambert, CPP

www.thepayrolladvisor.com

2009 Year-End Tips

As the end of 2009 quickly approaches, it’s important for all tax payers to begin preparing for the filing of their 2009 tax returns.

- Have you maxed out your HSA or IRA contributions?  People with these kinds of accounts can actually make contributions for 2009 through April 15.  Maximizing your contribution helps reduce your taxable income by the amount of the contribution.  For certain tax payers, contributions to specific retirement accounts provide a special credit.  This credit is based on income level.

- Have you tallied up all those miles?  If you drive a personal vehicle for company business, or have your own business, adding up the miles and summarizing them will make your tax preparer much happier.  Miles driven for charitable or medical purposes also can be useful. If you can do this in a spreadsheet program and provide it digitally, you may be able to save some money.  Check now to make sure you can find all of your logs.  It’s much easier to begin assembling your records now than the night before your appointment with the preparer.

- Make a list now of the documents your tax preparer might need.  You should be receiving an organizer from the preparer that can guide you as you dig for your documentation.

- Take a look at tax changes for 2010.  The website paycheckcity.com has free calculators available that can help you evaluate your paycheck based on 2010 tax tables.  Do you need to make some changes?  Did you have more or less withholding this year than you were expecting?  Now is the time to change it before the new year starts and you forget.

- Did you move in 2009?  If so, to get your W-2s from past or current employers in a timely fashion, you will need to notify them to update their records.  Also make sure you tell your tax preparer if you moved.  This can affect the types and amounts of taxes you pay.

- Did you claim exempt on your W-4 for 2009?  If you plan on remaining in that status, you must submit a new W-4 to your employer verifying that status by February 15.  Keep in mind that Form W-4 is used to notify your employer of address changes as well.

- Are there any last minute charitable contributions you can make?  Keep in mind the requirements for documentation for non-cash contributions.   Independent appraisals are often required if the value of the non-cash donation exceeds $5,000.

The Sky is Falling…Or Is It?

Q. I have taken a 50% hit on my 401(k) account this year because of the market contraction.  I’m thinking of just pulling all the money out and investing in a rental property instead.  Is this a good idea? I live in the southwest where real estate has really dropped anyway. I’m not 59.5 yet either.  I am in the 35% bracket.

A. Now that is a very defeated person!  Anyone who has the slightest bit of risk in their portfolio, 401(k) or not is Read more »

California, Social Security and limits, Oh My!

Q. I am employed in the State of California and am curious to know what the tax limits and cutoffs are for Social Security and California SDI Payroll Taxes.

A.  This question is a little more technical than I usually like to go.  But there is common value and in this question and a possible tax planning opportunity available so here we go!

Social Security and Medicare are two taxes that should be withheld from every employee’s paycheck no matter who you work for.  Many employees are incorrectly Read more »