Showing posts with label doeren mayhew accounting. Show all posts
Showing posts with label doeren mayhew accounting. Show all posts

Wednesday, January 4, 2012

January 2012 tax compliance calendar

Doeren Mayhew

January 2012 tax compliance calendar

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of January 2012.

January 6

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 31-January 3.

January 10

Employees who work for tips. Employees who received $20 or more in tips during November must report them to their employer using Form 4070.

January 11

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 4-6.

January 13

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 7-10.

January 17

Monthly depositors. Monthly depositors must deposit employment taxes for payments in December.

January 19

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 11-13.

January 20

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 14-17.

January 25

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 18-20.

January 27

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 21-24.

January 31

Employers. Employers give employees copies of Form W-2 for 2011.

Employers. Employers file Form 945 to report income tax withheld for 2011 on all nonpayroll items. Deposit any undeposited tax (if more than $2,500).

Employers. Employers file Form 941 for the fourth quarter of 2011. Deposit any undeposited tax (if more than $2,500).

Employers file Form 940 to report federal unemployment tax for 2011. Deposit any undeposited tax (if more than $500).

Small employers. Certain small employers file Form 944 to report Social Security, Medicare, and withheld income tax for 2011. Deposit any undeposited tax (if more than $2,500).

February 1

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 25-27.

February 3

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 28-31.

Contact Doeren Mayhew for more information.

If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

Wednesday, July 27, 2011

Tax Code's disaster relief provisions can help after a natural disaster

Almost every day brings news reports of Americans recovering from tornados, wild fires, and other natural disasters. Recovery is often a slow process and when faced with the loss of home or place of business, taxes are likely the last thing on a person's mind. However, the tax code's rules on casualty losses and disaster relief can be of significant help after a disaster.

Disaster relief

Natural disasters, such as tornados and wild fires, have long been recognized as events giving rise to casualty losses. These events are characterized by their suddenness. A casualty loss must flow from an event that is sudden; it cannot be a gradual event, such as normal wear and tear.

Large scale events are frequently designated as federal disasters. This designation is important. When the federal government designates a locality a federally-declared disaster area, special tax rules about casualty losses and filing/payment deadlines apply.

Casualty losses are generally deductible in the year the casualty occurred. However, taxpayers with casualty losses in a federally-declared disaster area may treat the loss as having occurred in the year immediately prior to the tax year in which the disaster happened. This means the taxpayer can deduct the loss on his or her return for that preceding tax year and possibly generate an immediate refund.

A federal disaster declaration also authorizes the IRS postpone certain deadlines for taxpayers who reside or have a business in the disaster area. The IRS can give taxpayers extra time to file returns. The IRS also waives failure-to-deposit penalties for employment and excise tax deposits. The IRS automatically identifies taxpayers located in the disaster area and applies filing and payment relief. Affected taxpayers who reside or have a business located outside the covered disaster area must contact the IRS to request relief.

Casualty losses

To deduct a casualty loss, a taxpayer must be able to show that there was a casualty. The taxpayer also must be able to support the amount the taxpayer takes as a deduction. It is helpful to take photographs of the property as soon as possible after the disaster. These photographs can be compared to ones taken before the disaster to show the extent of the damage.

A personal casualty loss is generally subject to a $100 floor and to a 10 percent of adjusted gross income (AGI) limitation. Only one $100 floor applies to married taxpayers filing a joint return; married taxpayers filing separate returns are each subject to a $100 floor. If a casualty loss takes place within a presidentially declared disaster area, taxpayers are also given the option of filing an amended return for the year before the disaster, taking the loss on that return, and thereby qualifying for an immediate tax refund to the extent that the loss lowers tax liability. The immediate extra cash provided by the refund often helps the taxpayer rebuild quickly where insurance recovery does not cover the entire cost. While this option is usually beneficial, a particular taxpayer's tax position may point to a greater tax savings if the casualty loss deduction is taken in the current year instead.

Special rules

Special casualty loss rules apply to business or income-producing property. Taxpayers with business or income-producing property that is completely destroyed calculate their loss by subtracting any insurance or other reimbursement they receive or expect to receive along with any salvage value from their adjusted basis in the property.

Personal-use real property is also subject to special rules. Taxpayers who suffer damage to personal property (non-real property) also must meet different criteria.

Taxpayers in certain disaster areas, such as the Gulf Opportunity (GO) Zone, may also be eligible for enhanced disaster relief. Several years ago, Congress enacted national disaster relief that provided for bonus depreciation, expanded expensing and other provisions. However, this national disaster relief has expired for most taxpayers.

If you have any questions about disaster relief, please contact Doeren Mayhew.


If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

Wednesday, June 29, 2011

Actual vehicle expense method may help offset higher gas prices

As gasoline prices have climbed in 2011, many taxpayers who use a vehicle for business purposes are looking for the IRS to make a mid-year adjustment to the standard mileage rate. In the meantime, taxpayers should review the benefits of using the actual expense method to calculate their deduction. The actual expense method, while requiring careful recordkeeping, may help offset the cost of high gas prices if the IRS does not make a mid-year change to the standard mileage rate. Even if it does, you might still find yourself better off using the actual expense method, especially if your vehicle also qualifies for bonus depreciation.

Two methods

Taxpayers can calculate the amount of a deductible vehicle expense using one of two methods:

Standard mileage rate
Actual expense method
Under the standard mileage rate, taxpayers calculate the amount of the allowable deduction by multiplying all business miles driven during the year by the standard mileage rate. One of the chief attractions of the standard mileage rate is its ease of use. Taxpayers do not have to substantiate expense amounts; however, they must substantiate business purpose and other items. There are also limitations on use of the business standard mileage rate.

The standard mileage rate for 2011 for business use of a car (van, pickup or panel truck) is 51 cents-per-mile. The IRS calculates the standard mileage rate on an annual study of the fixed and variable costs of operating an automobile. The IRS set the standard mileage rate for 2011 in late 2010 when gasoline prices were lower than today. It is a flat amount, whether or not your vehicle is fuel efficient, operates on premium grade fuel, is brand new or ten years old, or is subject to high repair bills.

During past spikes in gasoline prices, the IRS has made a mid-year change to the standard mileage rate for business use of a vehicle. In 2008, the IRS increased the business standard mileage rate from 50.5 cents-per-mile to 58.5 cents-per-mile for last six months of 2008 because of high gasoline prices. The IRS made a similar mid-year adjustment in 2005 when it increased the business standard mileage rate after Hurricane Katrina.

At this time, it is unclear if the IRS will make a similar mid-year adjustment in 2011. IRS officials generally have declined to make any predictions. If the IRS does make a mid-year change, it will likely do so in late June, so the higher rate can apply to the last six months of 2011.

Actual expense method

Rather than rely on a mid-year adjustment from the IRS, which might not come, it's a good idea to compare the actual vehicle costs versus the business standard mileage rate. Taxpayers who use the actual expense method must keep track of all costs related to the vehicle during the year. The cost of operating a vehicle includes these expenses:

Gasoline
Repair and maintenance costs
Cleaning
Tires
Depreciation
Lease payments (if the taxpayer leases the vehicle)
Interest on a vehicle loan
Insurance
Personal property taxes on the vehicle
"Doing the math" this year in weighing whether to take the actual expense method not only should factor in the cost of gasoline but also what depreciation or expensing deductions you will be gaining by using the actual expense method. Enhanced bonus depreciation and enhanced "section 179" expensing for 2011 can increase your deduction for a newly-purchased vehicle in its first year tremendously if the actual expense method is elected.

Certain other costs are deductible whether you take the actual expense method or the standard mileage rate. This group includes parking charges, garage fees and tolls. Expenses incurred for the personal use of your vehicle are generally not deductible. An allocation must be made when the vehicle is used partly for personal purposes

Switching methods

Once actual depreciation in excess of straight-line has been claimed on a vehicle, the standard mileage rate cannot be used for the vehicle in any future year. Absent that prohibition (which usually is triggered if depreciation is taken), a business can switch between the standard mileage rate and actual expense methods from year to year. Businesses that switch methods now cannot make change methods effective in mid-year; you must apply one method retroactively from January 1.

Recordkeeping

The actual expense method requires taxpayers to substantiate every expense. This recordkeeping requirement can be challenging. For example, taxpayers who fill-up often at the gas pump need to keep a record of every purchase. The same is true for tune-ups and other maintenance and repair activity. One way to simplify recordkeeping is to charge all vehicle related expenses to one credit card.

Our office will keep you posted of developments. If you have any questions about the actual expense method or the business standard mileage rate, please contact our office.

IRS streamlined offer-in-compromise program aims to cut red tape

The IRS's streamlined offer-in-compromise (OIC) program is intended to speed up the processing of OICs for qualified taxpayers. Having started in 2010, the streamlined OIC program is relatively new. The IRS recently issued instructions to its examiners, urging them to process streamlined OICs as expeditiously as possible. One recent survey estimates that one in 15 taxpayers is now in arrears on tax payments to the IRS to at least some degree. Because of continuing fallout from the economic downturn, however, the IRS has tried to speed up its compromise process to the advantage of both hard-pressed taxpayers and its collection numbers.

OIC program

The IRS OIC program on its face can appear very attractive to taxpayers with unpaid liabilities. An OIC is an agreement between a taxpayer and the IRS that settles the taxpayer's tax liabilities for less than the full amount owed. Keep in mind that taxpayers do not automatically qualify for an OIC. The IRS has cautioned that, absent special circumstances, if you have the ability to fully pay your tax liability in a lump sum or via an installment agreement, an OIC will not be accepted.

The IRS may accept an offer in compromise based on three grounds:

Doubt as to collectibility
Doubt as to liability
Effective tax administration
The decision whether to accept or reject an OIC is entirely within the discretion of the IRS. Sometimes, but very rarely, an OIC will be deemed accepted because the IRS failed to reject it within 24 months of receiving the offer.

Streamlined OICs

The low acceptance rate of OICs has some lawmakers in Congress and taxpayer groups upset. One of the most vocal critics has been National Taxpayer Advocate Nina Olson who has urged the IRS to bring more taxpayers into the OIC program. Partly in response to this criticism, the IRS launched the streamlined OIC in 2010. The streamlined OIC program is intended to cut through much of the red tape that surrounds OICs. The IRS promised, among other things, to process streamlined OICs more quickly.

In February 2011, the IRS announced some changes to streamlined OICs. Streamlined OICs may be offered to taxpayers with total household incomes of $100,000 or less and who have a total tax liability of less than $50,000. Taxpayers who do not meet these requirements may apply for a traditional OIC.

Procedures

The streamlined procedures do not necessarily mean that the IRS will accept more OICs; merely that it will process the offers it receives more quickly. Since the streamlined OIC program is relatively new, the IRS has not yet reported how many streamlined offers it has accepted.

Before accepting or rejecting a streamlined OIC, IRS examiners must verify that the information provided by the taxpayer is correct. The IRS instructed examiners reviewing streamlined OICs to verify taxpayer information through internal research. Examiners will verify ownership of items such as real estate, motor vehicles and other property.

Examiners also will be able to communicate directly with taxpayers or their representatives. The IRS instructed examiners to contact taxpayers or their representatives by telephone whenever possible; rather than sending written notices. Three phone attempts should be made over two business days to contact the taxpayer or his/her representative. If the examiner reaches the taxpayer's voicemail, the examiners should request a call-back within two business days.

The streamlined OIC program is not for everyone. Indeed, the acceptance rate for all OICs (just about 13,000 in fiscal year (FY) 2010) means that relatively few taxpayers will make an offer that the IRS will accept. Nonetheless, the OIC program is one tool that may be used by taxpayers with unpaid liabilities. If you have any questions about the IRS's streamlined OIC or traditional OIC, please contact our office.

Wednesday, May 11, 2011

FAQ: What is a limited liability company?

A limited liability company (LLC) is a business entity created under state law. Every state and the District of Columbia have LLC statutes that govern the formation and operation of LLCs.
The main advantage of an LLC is that in general its members are not personally liable for the debts of the business. Members of LLCs enjoy similar protections from personal liability for business obligations as shareholders in a corporation or limited partners in a limited partnership. Unlike the limited partnership form, which requires that there must be at least one general partner who is personally liable for all the debts of the business, no such requirement exists in an LLC.

A second significant advantage is the flexibility of an LLC to choose its federal tax treatment. Under IRS's "check-the-box rules, an LLC can be taxed as a partnership, C corporation or S corporation for federal income tax purposes. A single-member LLC may elect to be disregarded for federal income tax purposes or taxed as an association (corporation).

LLCs are typically used for entrepreneurial enterprises with small numbers of active participants, family and other closely held businesses, real estate investments, joint ventures, and investment partnerships. However, almost any business that is not contemplating an initial public offering (IPO) in the near future might consider using an LLC as its entity of choice.

Deciding to convert an LLC to a corporation later generally has no federal tax consequences. This is rarely the case when converting a corporation to an LLC. Therefore, when in doubt between forming an LLC or a corporation at the time a business in starting up, it is often wise to opt to form an LLC. As always, exceptions apply. Another alternative from the tax side of planning is electing "S Corporation" tax status under the Internal Revenue Code.

If you have questions, please contact your local office: Doeren Mayhew

How Do I? Write Off Bad Business Debts

A business with a significant amount of receivables should evaluate whether some of them may be written off as business bad debts. A business taxpayer may deduct business bad debts if the receivable becomes partially or completely worthless during the tax year.

In general, most business taxpayers must use the specific charge-off method to account for bad debts. The deduction in any case is limited to the taxpayer's adjusted basis in the receivable.

The deduction allowed for bad debts is an ordinary deduction, which can serve to offset regular business income dollar for dollar. If the taxpayer holds a security, which is a capital asset, and the security becomes worthless during the tax year, the tax law only allows a deduction for a capital loss. However, notes receivable obtained in the ordinary course of business are not capital assets. Therefore, if such notes become partially or completely worthless during the tax year, the taxpayer may claim an ordinary deduction for bad debts.

For a taxpayer to sustain a bad debt deduction, the debt must be bona fide. The IRS looks carefully at a bad debt of a family member.

To be entitled to a business debt write off, the taxpayer must also make a reasonable attempt to collect the debt. However, in a nod to reality, the IRS does not request the taxpayer to turn the debt over to a collection agency or file a lawsuit in an attempt to collect the debt if doing so has little probability of success.

Deadlines for claiming a write off for any past business bad debt must be watched. Taxpayers have until the later of (1) seven years from the date they timely filed their tax return or (2) two years from the time they paid the tax, to claim a refund for a deduction for a wholly worthless debt not deducted on the original return.

If you have questions, please contact your local office: Doeren Mayhew

Monday, May 2, 2011

May 2011 tax compliance calendar

May 2011 tax compliance calendar

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of May 2011.

May 4

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates April 27-29.

May 6

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates April 30 -May 3.

May 10

Employees who work for tips. Employees who received $20 or more in tips during April must report them to their employer using Form 4070.

May 11

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 4-6.

May 13

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 7-10.

May 18

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 11-13.

May 20

Monthly depositors. Monthly depositors must deposit employment taxes for payments in April.

May 20

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 14-17.

May 25

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 18-20.

May 27

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates May 21-24.
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

If you have questions, please contact your local office: Doeren Mayhew

Wednesday, April 27, 2011

Estimated tax: Getting it right

Estimated tax is used to pay tax on income that is not subject to withholding or if not enough tax is being withheld from a person's salary, pension or other income. Income not subject to withholding can include dividends, capital gains, prizes, awards, interest, self-employment income, and alimony, among other income items. Generally, individuals who do not pay at least 90 percent of their tax through withholding must estimate their income tax liability and make equal quarterly payments of the "required annual payment" liability during the year.

Basic rules

The "basic" rules governing estimated tax payments are not always synonymous with "straightforward" rules. The following addresses some basic rules regarding estimated tax payments by corporations and individuals:

Corporations. For calendar-year corporations, estimated tax installments are due on April 15, June 15, September 15, and December 15. If any due date falls on a Saturday, Sunday or legal holiday, the payment is due on the first following business day. To avoid a penalty, each installment must equal at least 25 percent of the lesser of:

-- 100 percent of the tax shown on the corporation's current year's tax return (or of the actual tax, if no return is filed); or

-- 100 percent of the tax shown on the corporation's return for the preceding tax year, provided a positive tax liability was shown and the preceding tax year consisted of 12 months.

A lower installment amount may be paid if it is shown that use of an annualized income method, or for corporations with seasonal incomes, an adjusted seasonal method, would result in a lower required installment.

Individuals. For individuals (including sole proprietors, partners, self-employeds, and S corporation shareholders who expect to owe tax of more than $1,000), estimated tax payments are due on April 15 (April 18 for 2011), June 15, and September 15 of 2011, and January 15 of 2012. Individuals who do not pay at least 90 percent of their tax through withholding generally are required to estimate their income tax liability and make equal quarterly payments of the "required annual payment" liability during the year. The required annual payment is generally the lesser of:

-- 90 percent of the tax ultimately shown on your return for the 2011 tax year, or 90 percent of the tax due for the year if no return is filed;

-- 100 percent of the tax shown on your return for the preceding (2010) tax year if that year was not for a short period of less than 12 months; or

-- The annualized income installment.

For higher-income taxpayers whose adjusted gross income (AGI) shown on your 2010 tax return exceeds $150,000 (or $75,000 for a married individual filing separately in 2011), the required annual payment is the lesser of 90 percent of the tax for the current year, or 110 percent of the tax shown on the return for the preceding tax year.

Adjusting estimated tax payments

If you expect an uneven income stream for 2011 your required estimated tax payments may not necessarily be the same for each remaining period, requiring adjustment. The need for, and the extent of, adjustments to your estimated tax payments should be assessed at the end of each installment payment period.

For example, a change in your or your business's income, deductions, credits, and exemptions may make it necessary to refigure estimated tax payments for the remainder of the year. Likewise for individuals, changes in your exemptions, deductions, and credits may require a change in estimated tax payments. To avoid either a penalty from the IRS or overpaying the IRS interest-free, you may want to increase or decrease the amount of your remaining estimated tax payments.

Refiguring tax payments due

There are some general steps you can take to reconfigure your estimated tax payments. To change your estimated tax payments, refigure your total estimated tax payments due. Then, figure the payment due for each remaining payment period. However, be careful: if an estimated tax payment for a previous period is less than one-fourth of your amended estimated tax, you may be subject to a penalty when you file your return.

If you would like further information about changing your estimated tax payments, please contact our office.


If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

IRS issues 2011 vehicle depreciation dollar limits

The IRS has issued the limitations on depreciation deductions for owners of passenger automobiles, trucks and vans first "placed in service" (i.e. used) during the 2011 calendar year. The IRS also provided revised tables of depreciation limits for vehicles first placed in service (or first leased by a taxpayer) during 2010 and to which bonus depreciation applies.

Note. Bonus depreciation may not be applicable because, among other reasons, you purchased the vehicle used. You may elect out of bonus depreciation or elect to increase the alternative minimum tax (AMT) credit limit under Code Sec. 53 instead of claiming bonus depreciation.

Bonus depreciation backdrop

The Small Business Jobs Act of 2010 extended 50 percent bonus depreciation through the end of 2010. The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 extended bonus depreciation for two years (through the end of 2012) and increased the bonus depreciation allowance rate from 50 percent to 100 percent for qualified property acquired after September 8, 2010 and before January 1, 2012, and placed in service before January 1, 2012.

Nevertheless, the additional first-year bonus depreciation amount applicable to vehicles is limited to $8,000, whether other assets in the same depreciation class are entitled to 50 percent or 100 percent bonus depreciation. Sport Utility Vehicles (SUVs) and pickup trucks with a gross vehicle weight rating (GVWR) in excess of 6,000 pounds continue to be exempt from the luxury vehicle depreciation caps (under Code Sec. 280F).

Passenger automobiles

The maximum depreciation limits under Code Sec. 280F for passenger automobiles first placed into service during the 2011 calendar year are:


- $11,060 for the first tax year ($3,060 if bonus depreciation is not taken);
- $4,900 for the second tax year;
- $2,950 for the third tax year; and
- $1,775 for each tax year thereafter.

Trucks and vans


The maximum depreciation limits under Code Sec. 280F for trucks and vans first placed into service during the 2011 calendar year are:

- $11,260 for the first tax year ($3,260 if bonus depreciation is not taken);
- $5,200 for the second tax year;
- $3,150 for the third tax year; and
- $1,875 for each tax year thereafter.

Leases

Lease payments for vehicles used for business or investment purposes are deductible in proportion to the vehicle's business use. Lessees, however, must include a certain amount in income during the year the vehicle is leased to partially offset the amount by which lease payments exceed the luxury auto limits.


If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

Wednesday, April 20, 2011

How Do I? Make an in-plan Roth IRA rollover?

In-plan Roth IRA rollovers are a relatively new creation, and as a result many individuals are not aware of the rules. The Small Business Jobs Act of 2010 made it possible for participants in 401(k) plans and 403(b) plans to roll over eligible distributions made after September 27, 2010 from such accounts, or other non-Roth accounts, into a designated Roth IRA in the same plan. Beginning in 2011, this option became available to 457(b) governmental plans as well. These "in-plan" rollovers and the rules for making them, which may be tricky, are discussed below.

Designated Roth account

401(k) plans and 403(b) plans that have designated Roth accounts may offer in-plan Roth rollovers for eligible rollover distributions. Beginning in 2011, the option became available to 457(b) governmental plans, allowing the plan to adopt an amendment to include designated Roth accounts to then offer in-plan Roth rollovers.

In order to make an in-plan Roth IRA rollover from a non-Roth account to the plan, the plan must have a designated Roth account option. Thus, if a 401(k) plan does not have a Roth 401(k) contribution program in place at the time the rollover contribution is made, the rollover generally cannot be made (however, a plan can be amended to allow new in-service distributions from the plan's non-Roth accounts conditioned on the participant rolling over the distribution in an in-plan Roth direct rollover). Not only may plan participants make an in-plan rollover, but a participant's surviving spouse, beneficiaries and alternate payees who are current or former spouses are also eligible.

Eligible amounts

To be eligible for an in-plan rollover, the amount to be rolled over must be eligible for distribution to you under the terms of the plan and must be otherwise eligible for rollover (i.e. an eligible rollover distribution). Generally, any vested amount that is held in 401(k) plans or 403(b) plans (or 457(b) plans) is eligible for an in-plan Roth rollover. Moreover, the distribution must satisfy the general distribution requirements that otherwise apply.

Direct rollover or 60-day rollover

An in-plan Roth rollover may be accomplished two ways: either through a direct rollover (wherein the plan's administrator directly transfers funds from the non-Roth account to the participant's designated Roth account) or through a 60-day rollover. With an in-plan Roth direct rollover, the plan trustee transfers an eligible rollover distribution from a participant's non-Roth account to the participant's designated Roth account in the same plan. With an-plan Roth 60-day rollover, the participant deposits an eligible rollover distribution within 60 days of receiving it from a non-Roth account into a designated Roth account in the same plan.

If you opt for the 60-day rollover option, the amounts rolled over are subject to 20 percent mandatory withholding.

Taxation

Taxpayers generally include the taxable amount (fair market value minus your basis in the distribution) of an in-plan Roth rollover in gross income for the tax year in which the rollover is received.

If you have questions about making an in-plan Roth IRA rollover, please contact our office: Doeren Mayhew.

Tuesday, February 1, 2011

Tax law changes for 2011 impact individuals and businesses

Legislation enacted during the past few years, including the Small Business Jobs Act of 2010 and the more recently enacted Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Relief Act), contains a number of important tax law changes that affect 2011. Key changes for 2011 affect both individuals and businesses. Certain tax breaks you benefited from in 2010, or before, may have changed in amount, timing, or may no longer be available in 2011. However, new tax incentives may be valuable. This article highlights some of the significant tax changes for 2011.

New payroll tax cut for wage earners
New for calendar 2011 is a payroll tax cut for wage earners and self-employed individuals. The payroll tax cut, as provided by the 2010 Tax Relief Act, reduces the employee's share of Social Security taxes by two percent, from 6.2 percent to 4.2 percent, for all wages earned during the 2011 calendar year, up to the taxable wage base of $106,800. Future Social Security is not affected by the payroll tax cut.

Many workers can expect to see an average tax savings of more than $1,000 as a result of the new payroll tax cut. For example, a single individual who earns $40,000 annually and is paid weekly will see an extra $15 in her paycheck every week. A single individual who earns $60,000 annually and is paid bi-weekly will see an extra $46 in her paycheck.

Self-employed individuals also benefit from the payroll tax cut. Self-employed individuals will pay 10.4 percent on self-employment income up to the threshold.

Payroll companies and employers are responsible for implementing the payroll tax cut; employees do not need to adjust their withholding or take any other action. However, it is always a good decision regardless to review your withholding to ensure you are not withholding too much or too little.

No more Making Work Pay Credit. The payroll tax cut replaces the Making Work Pay Credit (MWPC), which expired at the end of 2010 and was not renewed for 2011. The MWPC provided a refundable tax credit of up to $400 for qualified single individuals and up to $800 for married taxpayers filing joint returns for 2009 and 2010.

Residential energy improvement credits
For individuals who may be making energy-efficient improvements to their homes in 2011 important changes have taken place for a popular tax credit. The 2010 Tax Relief Act extended the Code Sec. 25C nonbusiness energy efficient property credit for homeowners for one year, through December 31, 2011. However, more restrictive rules apply for 2011 than applied in 2010. Effective for property placed in service after December 31, 2010, an individual is entitled to a credit against tax in an amount equal to:
  • 10 percent of the amount paid or incurred for qualified energy efficiency improvements (building envelope components) installed during the tax year, and
  • The amount of residential energy property expenditures paid or incurred during the tax year.
The maximum credit allowable is $500 over the lifetime of the taxpayer. The $500 amount must be reduced by the aggregate amount of previously allowed credits the taxpayer received in 2006, 2007, 2009 and 2010. There are certain restrictions on the amounts claimed for certain items as well. The amount claimed for windows and skylights in a year can not exceed $200 less the total of the credits you claimed for these items in all earlier tax years ending after December 31, 2005. The credit also can not exceed:

 -- $50 for an advanced main circulating fan;
-- $150 for any qualified natural gas, propane, or hot water boiler; and
-- $300 for any item of energy efficient property

Energy-efficient credit for contractors
The 2010 Tax Relief Act retroactively extends the new energy efficient home credit for eligible contractors for two years, through December 31, 2011. Eligible contractors can claim a credit of $2,000 or $1,000 for each qualified new energy efficient home either constructed by the contractor or acquired by a person from the contractor for use as a residence during the tax year.

Annuity contracts
Beginning in 2011, taxpayers may partially annuitize non-retirement plan annuity payments they receive from an annuity contract. This partial annuitization applies to amounts you receive in tax years beginning after December 31, 2010 and applies to such an annuity, endowment or life insurance contract. If you receive an annuity for a period of 10 years or longer, or over one or more lives, under any portion of the annuity, endowment or life insurance contract, that portion is treated as a separate contract for purposes of annuity taxation.

FSAs, HSAs and Archers MSAs
The Patient Protection and Affordable Care Act enacted in 2010 places new limits on flexible spending arrangements (FSAs), health savings accounts (HSAs) and Archer medical savings accounts (Archer MSAs).

After December 31, 2010, a distribution from an FSA, HSA or Archer MSA for a medicine or drug is a tax-free qualified medical expense only if the medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin. Additionally, for distributions made after 2010, the additional tax on distributions from an HSA that are not used for qualified medical expenses increases significantly, from 10 percent to 20 percent of the disbursed amount. The additional tax on distributions from an Archer MSA that are not used for qualified medical expenses increases from 15 percent to 20 percent of the disbursed amount.

Simple Cafeteria Plans for small employers
Beginning January 1, 2011, certain small employers can adopt "simple cafeteria plans," which provide certain nontaxable benefits to employees. Eligible employers generally include those with an average of 100 or fewer employees on business days during either of the two preceding tax years. Benefits of simple cafeteria plans can include certain medical coverage, group-term life insurance, flexible spending accounts (FSAs), and dependent care assistance.

New electronic filing rules for employers
Nearly all employers must use the IRS Electronic Federal Tax Payment System (EFTPS) for federal tax payments made in 2011. Beginning after December 31, 2010, employers must use electronic funds transfer (EFT) to make all federal tax deposits, including deposits of employment tax, excise tax, and corporate income tax. After December 31, 2010, Forms 8109 and 8109-B, Federal Tax Deposit Coupon, can no longer be used.

Employer payroll tax forgiveness expires
Qualified employers who hired unemployed workers after February 3, 2010 and prior to January 1, 2011 may have been eligible for payroll tax forgiveness. The Hiring Incentives to Restore Employment Act (HIRE Act) provided temporary forgiveness of the employer-share of Social Security tax for eligible new-hires. For each worker retained for at least a year, businesses may claim an additional general business tax credit, up to $1,000 per worker, when they file their 2011 income tax returns.

New broker basis reporting rules
Beginning in 2011, generally all brokers who are required to file information returns reporting gross proceeds of a "covered security" (such as corporate stock), must include in the return the customer's adjusted basis in the security. A broker must report the adjusted basis and type of gain (long term or short term gain or loss) for most stock acquired on or after January 1, 2011.

Reporting is generally undertaken on Form 1099-B, Proceeds from Broker and Barter Exchange Transactions. A "covered security" includes all stock acquired beginning in 2011, as mentioned above, except for stock in a mutual fund (regulated investment company or RIC) or stock acquired in connection with a dividend reinvestment plan (DRP). Reporting for these and other types of securities and options will need to be reported beginning after 2012 and 2013.

Real estate reporting requirements
Beginning in 2011, taxpayers receiving rental income from real estate who make payments of $600 or more during the tax year to a service provider (excluding incorporated entities) must provide an information return to the IRS, as well as the provider, reporting the payments. Typically, the information is to be reported on Form 1099-Misc. Certain exceptions, such as for hardship or active members of the uniformed services or employees of the intelligence community apply.

These are just some of the many important tax changes that expired at the end of 2010 or take effect this year. Please contact our office if you have any questions.


If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

Education tax benefits: A report card

While Congress extended the reduced individual income tax rates with passage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Relief Act) in late 2010, it also extended several educational tax benefits as well through 2012. As families plan their upcoming tax year, it is important to keep these benefits in mind.

American Opportunity Tax Credit
Individuals may continue to claim a credit against their federal tax liability based on tuition payments and certain related expenses. Previously referred to as the Hope Credit, the American Opportunity Tax Credit (AOTC) remains available for taxpayers for the 2011 and 2012 tax years. Qualifying families may claim an annual tax credit of up to $2,500 for undergraduate college expenses, up to $10,000 for a four-year program.  According to a recently-issued report, Treasury predicts that 9.4 million families will be able to claim a total of $18.2 billion AOTC credits in 2011, an average of $1,900 per family.

Lifetime learning credit
Taxpayers can claim the lifetime learning credit for post-high school education, as well as courses to acquire or improve job skills. These institutions include colleges, universities, vocational schools, and any other postsecondary educational institution eligible to participate in a student aid program administered by the U.S. Department of Education. The lifetime learning credit is limited to $2,000 per eligible student, based upon payment of tuition and other qualified expenses.  

The IRS released Tax Tip 2010-12 reminding taxpayers that they cannot claim both the lifetime learning credit and the AOTC for one child in a single tax year. However, if the family has multiple children in college, the family may apply the credits on a "per-student, per-year basis." This means that the family with two children in college, for example, could claim the AOTC for one child and the lifetime learning credit for the other.

Coverdell Education Savings Accounts
The 2010 Tax Relief Act also extended the increased maximum contribution amount to Coverdell education savings accounts. Taxpayers may contribute a maximum of $2,000 per year to these tax-preferred accounts. Earnings on these contributions grow tax-free, while amounts subsequently withdrawn are excludable from gross income to the extent used for qualified educational expenses.

Educational assistance programs
The 2010 Tax Relief Act also extended taxpayers' annual exclusion of up to $5,250 in employer-provided educational assistance from their gross income. The exclusion applies to both gross income for federal income tax purposes, as well as wages for employment tax purposes.

Federal Scholarships with Service requirements
The 2010 Tax Relief Act continues the gross income exclusion for scholarships with obligatory service requirements received by candidates at certain qualified educational organizations. The exclusion applies to scholarships granted by the National Health Service Corps Scholarship Program or the F. Edward Hebert Armed Forces Health Professions Scholarship and Financial Assistance Program.

Qualified Tuition and Expense Deduction
The 2010 Tax Relief Act also extends the above-the-line deduction for qualified tuition and related expenses through 2011. The deduction applies to tuition and fees paid for the enrollment of the taxpayer, the taxpayer's spouse, or any dependent for which the taxpayer is entitled to a dependency exemption. Taxpayers can not claim both one of the education tax credits and the tuition and expense deduction in a single year. These continue to be either/or tax breaks.

Student loan interest deduction
Finally, after the student graduates, they may still claim an educational tax benefit by repaying their educational loans. Within certain adjusted gross income limits, taxpayers may claim a deduction for interest paid on student loans. The 2010 Tax Relief Act extends favorable limits on this deduction. Through 2012, the law extended the increased modified adjusted gross income phase-out ranges, meaning more taxpayers can claim the deduction. The 2010 Tax Relief Act also extended the repeal of the 60-month limit on deductible payments.


If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

Wednesday, December 22, 2010

Obtaining certification for energy-efficient home improvements for tax breaks

If you make energy-efficient improvements to your home in 2010, you may be eligible for a federal tax credit that can help lower your tax bill. Two of the main credits for "green" improvements made to a home are the nonbusiness energy property credit and the residential energy efficient property credit. If you qualify for a tax credit, you will need to retain documentation that your energy efficient improvements are eligible for the tax credits you claim. You will need to certify that the property you purchase to improve your home qualifies for the credit - you don't want to purchase items with the intention of claiming a credit only to find out later that the items do not qualify.

Energy credits
The Code Sec. 25C nonbusiness energy property credit is a nonrefundable tax credit for qualified nonbusiness (residential) energy property. The credit amount is 30 percent of the sum of expenses for qualified energy efficiency improvements and qualified energy property for 2009 and 2010 property. The credit is limited to a lifetime maximum credit of $1,500 for 2009 and 2010 property.

The credit is available for a variety of energy property. Among the residential energy property that may qualify for the credit are:

- Furnaces and boilers;
- Water heaters (non-solar);
- Central air conditioning;
- Insulation;
- Exterior windows, doors and skylights; and
- Certain roofing.

There are also a number of household items that are not covered by the tax credit, including:

- Ceiling fans;
- Washers & dryers;
- Refrigerators;
- TVs;
- Toilets;
- Dehumidifiers;
- Dishwashers;
- Lighting (for example, light fixtures, compact fluorescent light bulbs, and LEDs) ;
- Ovens / Ranges; and - Programmable thermostats.

A related credit - the Code Sec. 25D residential energy efficient property credit - provides a nonrefundable tax credit for qualified residential energy efficiency property placed in service before 2017. Generally, the credit is 30 percent of the cost of qualified residential energy efficiency property with no upper limit except for qualified fuel cell property.

The residential energy efficient property credit is also available for a variety of energy property. They include solar electric property, solar water heating property, geothermal heat pumps, small wind energy systems, and fuel cell property. The credit generally encompasses labor costs applicable to on-site preparation.

Certifying your purchases
 Not all energy efficient improvements are eligible for a tax credit. For example, ENERGY STAR distinguishes energy efficient products which may be eligible for a tax credit; but, many individuals may not be aware that not all ENERGY STAR products qualify for a tax credit. Therefore, you should check the manufacturer's tax credit certification statement (discussed further below) before purchasing or installing any products in your home.

To claim a credit for products "placed in service in 2010" (that is, installed), homeowners must complete Form 5695, Residential Energy Efficient Property Credit, and submit the form with their Form 1040 when they file their 2010 taxes by April 17, 2011 (since April 15 falls on a Friday in 2011). Homeowners do not need to provide the IRS with any other documentation when filing their return.

However, you should keep a copy of the Manufacturer's Certification Certificate, any labels from the products you purchased showing they meet certain energy efficient standards, and your sales receipts. A Manufacturer's Certification Statement is a signed statement from the manufacturer certifying that the product or component qualifies for the tax credit. Manufacturers generally provide these certifications on their website or with the product packaging. Homeowners can generally rely on these statements for certification. The certification does not need to be attached to your return, however.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

Wednesday, December 8, 2010

Doeren Mayhew: December 2010 tax compliance calendar

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of December 2010.


December 1
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates November 24-26.


December 3
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates November 27-30.


December 8
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 1-3.


December 10
Employees who work for tips. Employees who received $20 or more in tips during November must report them to their employer using Form 4070.
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 4-7.
December 15
Monthly depositors. Monthly depositors must deposit employment taxes for payments in November.


Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 8-10.


December 17
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 11-14.


December 22
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 15-17.


December 27
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 18-21.


December 29
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 22-24.


Certified public accounting and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

Wednesday, November 10, 2010

How do I? Compute bonus depreciation?

The 2010 Small Business Jobs Act retroactively extended 50-percent additional first-year bonus depreciation for the 2010 tax year. Under the Small Business Jobs Act, all businesses, large or small, can immediately depreciate an additional 50-percent of the cost of certain qualifying property purchased and placed in service in 2010, from computer software to plants and equipment. Moreover, the 50-percent bonus depreciation allowance can be taken together with any Code Sec. 179 expensing, which was also extended (and enhanced) through 2011.

Note. The Small Business Jobs Act increased the maximum deduction for Code Sec. 179 expensing to $500,000 and the investment limit to $2 million for tax years beginning in 2010 and 2011.

Bonus basics
The 2010 Small Business Jobs Act allows all businesses to take a bonus first-year depreciation deduction of 50-percent of the adjusted basis of qualified property purchased and placed in service for use in your trade or business after December 31, 2009, and generally before January 1, 2011. Bonus depreciation is allowed only for: (1) tangible property to which MACRS applies that has an applicable recovery period of 20 years or less, (2) water utility property, (3) certain computer software, and (4) qualified leasehold improvement property. It is not allowed for intangible property, with the exception of certain computer software.

Bonus depreciation can be claimed for both regular and alternative minimum tax (AMT) liability. It is also important to note that, since bonus depreciation is treated as a depreciation deduction, it is subject to recapture as ordinary income under certain provisions of the Internal Revenue Code. And if you have a tax year that is less than 12 months, the amount of the bonus depreciation allowance is not affected by a short tax year.

Computing your bonus depreciation
To figure your allowable 50-percent bonus depreciation deduction, you must multiply the unadjusted depreciable basis of the property by 50-percent. This is the amount of additional first-year depreciation you can deduct in 2010. For example, you purchase qualifying property for your business in 2010 that costs $150,000. You are allowed an additional first-year depreciation deduction of $75,000.

Note. The "unadjusted depreciable basis" is the property's cost (including amounts you paid in cash, debt obligations, or other property or services, plus any amounts you paid for items such as sales tax, freight charges, installation, or testing fees).

Regular depreciation
After you have computed the 50-percent bonus depreciation allowance for the property, you can use the remaining cost to compute your regular MACRS depreciation for 2010 and subsequent years. Under MACRS, the cost or other basis of an asset is generally recovered over a specific recovery period. In this case, the property must have a recovery period of 20 years or less.

Example. Assume that in 2010 a taxpayer purchases new depreciable property and places it in service. The property's cost is $1,000 and it is 5 year property subject to the half-year convention. The amount of additional first-year depreciation allowed under the provision is $500. The remaining $500 of the cost of the property is deductible under the rules applicable to 5 year property. Thus, 20 percent, or $100, is apportioned to 2010, which computes to an additional $50 regular depreciation deduction in 2010 under the half-year convention. Accordingly, the total depreciation deduction with respect to the property for 2010 is $550. The remaining $450 cost of the property is recovered under otherwise applicable rules for computing depreciation in subsequent years.

Code Sec. 179 expensing
The 50-percent bonus depreciation allowance is taken after any Code Sec. 179 expense deduction and before you compute regular depreciation under MACRS rules. Therefore, the cost (basis) of the property must be reduced by the amount of any Code Sec. 179 expense allowance claimed on the property before computing the 50-percent bonus depreciation allowance (multiplying the property's basis by 50-percent). Regular depreciation under MACRS is then computed after you have reduced the basis by any Code Sec. 179 expensing allowance and the 50-percent bonus depreciation allowance.
Example. On April 14, 2010, Tom bought and placed in service in his business qualified tangible property that cost $1 million. He did not elect to claim the Code Sec. 179 expensing deduction and he claims no other credits or deductions related to the property. He may deduct 50-percent of the cost ($500,000) for purposes of 2010 bonus depreciation. He will use the remaining $500,000 of the property's cost to figure his regular MACRS depreciation deduction for 2010 and the years thereafter.

Example. The facts are the same as above, except Tom uses the Code Sec. 179 expensing deduction. On April 14, 2010, Tom bought and placed in service in his business qualified tangible property that cost $750,000. He elects to deduct $250,000 of the property's cost as a Code Sec. 179 deduction. Tom will apply the 50-percent bonus depreciation allowance to $500,000 ($750,000 - $250,000), which is the cost of the property after subtracting the section 179 expensing deduction. Tom will then deduct 50-percent of the cost after section 179 expensing ($250,000) for purposes of 2010 bonus depreciation. He will use the remaining $250,000 of the property's cost to figure his regular MACRS depreciation deduction for 2010 and the years thereafter.

Computing bonus depreciation can be a complicated process, as many variables may come into play. Our tax professionals can help determine the best way for your business to utilize the new bonus depreciation allowance together with other tax incentives to achieve significant tax savings. 


This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice. Please contact Doeren Mayhew with any questions.