Tax Updates from Cook & Co., Bara Business Center in Arab, Alabama
There is a great deal of
misinformation regarding tax law changes being propagated through emails,
websites and even some media. The one we've received the most questions about is
"employees being taxed on employer paid healthcare premiums starting next year".
IT'S NOT TRUE. The facts are:
Employers must begin reporting healthcare premiums on 2011 W-2's (which will be
issued in early 2012). The reporting is for "information only" purposes. The
employee will not be taxed on the premiums and the premiums will not be included
in taxable wages on the form.
Several people have asked the question, "if the employer-paid
healthcare premiums are not taxable, why include them on the W-2?"
The reason for requiring employers
to include employer paid healthcare premiums on W-2's in the
future is to help the IRS identify people that have health
insurance and to help identify the executives that have
so-called "Cadillac Plans" (those that cost more than $27,000
per year for family coverage, indexed for inflation) in the
future.
"Why can't the IRS just look at the
business tax return to see if an employer paid for employee
healthcare?" It is true that the IRS can look at a
business return and see that a company paid health insurance
premiums of $125,000 for example, but that information doesn't
tell them which employees have coverage and which don't (were
those benefits provided to 1 person or 20).
Presidential Candidate John McCain proposed a provision to
tax employees on employer-paid healthcare premiums in the last presidential
election. As we know, he was not elected. It's almost laughable that such a
measure is now being misattributed to a Democrat. I'm not stating any political
ideology here, just facts. I do not like to talk politics, but sometimes it
becomes intertwined with taxes since politicians are responsible for our tax
code.
The second most asked question has been regarding a "3.8%
sales tax on real estate sales and the sale of your home."IT'S NOT TRUE. There is no 3.8% sales tax on real estate
sales in the recent healthcare legislation. To call these false rumors political
rhetoric does not sufficiently describe them. Rhetoric is a term that literally
means "the art of using language to communicate effectively."
Perhaps these false rumors about the tax laws are not
politically motivated (in every case). Many of the people that are passing these
on in emails to all their friends may have good intentions. I'm sure many people
believe they are true.
Here
are the top six things the IRS wants you to know about deducting costs
related to a job search.
In order to deduct job search costs, the expenses must be spent on a
job search in your current occupation. You may not deduct expenses
incurred while looking for a job in a new occupation.
You can deduct employment and outplacement agency fees you pay while
looking for a job in your present occupation. If your employer pays you
back in a later year for employment agency fees, you must include the
amount you receive in your gross income up to the amount of your tax
benefit in the earlier year.
You can deduct amounts you spend for preparing and mailing copies of a
résumé to prospective employers as long as you are looking for a new job
in your present occupation.
If you travel to an area to look for a new job in your present
occupation, you may be able to deduct travel expenses to and from the
area. You can only deduct the travel expenses if the trip is primarily
to look for a new job. The amount of time you spend on personal activity
compared to the amount of time you spend looking for work is important
in determining whether the trip is primarily personal or is primarily to
look for a new job.
You cannot deduct job search expenses if there was a substantial break
between the end of your last job and the time you begin looking for a
new one.
You cannot deduct job search expenses if you are looking for a job for
the first time.
What Deductions Can I Take as an Owner of Rental
Property?
If you receive rental income from the rental
of a dwelling unit, there are certain rental
expenses you may deduct on your tax return.
These expenses may include mortgage interest,
property tax, operating expenses, depreciation,
and repairs. You can deduct the ordinary and necessary
expenses for managing, conserving and
maintaining your rental property. Ordinary
expenses are those that are common and generally
accepted in the business. Necessary expenses are
those that are deemed appropriate, such as
interest, taxes, advertising, maintenance,
utilities and insurance.
Thinking about working at your home? Tax Breaks for
Office in the Home
With the internet and computer
technology, the ability for many workers to perform their regular
work duties and work from home is increasing at a rapid rate. Employers
are looking at this option closer with the economic downturn causing
many companies to aggressively seek any cost savings measures. There are good
tax breaks (deductions) available for persons who maintain an office in
their home, but the rules are specific and strict. For example, you
can't use your dining room as an office and get the deductions. The
office must be used exclusively for business.
The Best Way to Reduce your Taxes is to Keep Good Records
If you are not currently
tracking your
personal and household expenses, we suggest that you start right away. It
can mean many dollars in tax savings to you at filing time and make things much
easier should you ever have to
deal with the IRS on any
issues. The time spent will
be well worth it! You may choose any recordkeeping system suited to your
business that clearly shows your income and expenses (kind
of records to keep). The time you are
required to keep records includes the period of time during which you can
amend your tax return to claim a credit or refund, or that the IRS can assess
more tax.
American Opportunity Credit Helps Pay for First Four Years of College
More parents and students can use a federal
education credit to offset part of the cost of college under the new
American Opportunity Credit. This credit modifies the existing Hope
credit for tax years 2009 and 2010, making it available to a broader
range of taxpayers. Income guidelines are expanded and required course
materials are added to the list of qualified expenses. Many of those
eligible will qualify for the maximum annual credit of $2,500 per
student.
In many cases, the American Opportunity
Credit offers greater tax savings than existing education tax breaks.
Here are some of its key features:
• Tuition, related fees and required course
materials, such as books, generally qualify. In the past, books usually
were not eligible for education-related credits and deductions.
• The credit is equal to 100 percent of the first $2,000 spent and 25
percent of the next $2,000. That means the full $2,500 credit may be
available to a taxpayer who pays $4,000 or more in qualified expenses
for an eligible student.
• The full credit is available for taxpayers whose modified adjusted
gross income (MAGI) is $80,000 or less ($160,000 or less for filers of a
joint return). The credit is reduced or eliminated for taxpayers with
incomes above these levels. These income limits are higher than under
the existing Hope and lifetime learning credits.
• Forty percent of the American opportunity credit is refundable. This
means that even people who owe no tax can get an annual payment of the
credit of up to $1,000 for each eligible student. Existing
education-related credits and deductions do not provide a benefit to
people who owe no tax. The refundable portion of the credit is not
available to any student whose investment income is taxed, or may be
taxed, at the parent’s rate, commonly referred to as the kiddie tax.
Though most taxpayers who pay for
post-secondary education qualify for the American Opportunity Credit,
some do not. The limitations include a married person filing a separate
return, regardless of income, joint filers whose MAGI is $180,000 or
more and, finally, single taxpayers, heads of household and some widows
and widowers whose MAGI is $90,000 or more.
There are some post-secondary education
expenses that do not qualify for the American Opportunity Credit. They
include expenses paid for a student who, as of the beginning of the tax
year, has already completed the first four years of college. That’s
because the credit is only allowed for the first four years of a
post-secondary education.
Students with more than four years of
post-secondary education still qualify for the lifetime learning credit
and the tuition and fees deduction.
Many Energy Improvements Qualify for Expanded Tax Credits
People who weatherize their homes or
purchase alternative energy equipment may qualify for either of two
expanded home energy tax credits: the non-business energy property
credit and the residential energy efficient property credit.
Non-business Energy Property Credit
This credit equals 30 percent of what a
homeowner spends on eligible energy-saving improvements, up to a maximum
tax credit of $1,500 for the combined 2009 and 2010 tax years. This
means that a homeowner can get the maximum credit by spending at least
$5,000 on qualifying improvements. Homeowners must make the improvements
to an existing principal residence; this tax credit is not available for
new construction.
Due to limits based on tax liability, other
credits claimed by a particular taxpayer and other factors, actual tax
savings will vary. The cost of certain high-efficiency heating and air
conditioning systems, water heaters and stoves that burn biomass all
qualify, along with labor costs for installing these items. In addition,
the cost of energy-efficient windows and skylights, energy-efficient
doors, qualifying insulation and certain roofs are also eligible for the
credit, though the cost of installing these items does not count.
Residential Energy Efficient Property Credit
Homeowners going green should also check
out a second tax credit designed to spur investment in alternative
energy equipment. The residential energy efficient property credit,
equals 30 percent of what a homeowner spends on qualifying property such
as solar electric systems, solar hot water heaters, geothermal heat
pumps, wind turbines, and fuel cell property. Qualifying property
purchased for new construction or an existing home is eligible for the
credit. Generally, labor costs are included when calculating this
credit. Also, no cap exists on the amount of credit available except in
the case of fuel cell property.
Not all energy-efficient improvements qualify for these tax credits. For
that reason, homeowners should check the manufacturer’s tax credit
certification statement before purchasing or installing any of these
improvements. The certification statement can usually be found on the
manufacturer’s Web site or the product packaging. Normally, a homeowner
can rely on this certification. The IRS cautions that the manufacturer’s
certification is different from the Department of Energy’s Energy Star
label, and not all Energy Star labeled products qualify for the tax
credits.
New Vehicle Purchase Incentive
New car buyers can deduct the state or
local sales or excise taxes paid on the purchase of new cars, light
trucks, motor homes and motorcycles. There is no limit on the number of
vehicles that may be purchased, and eligible taxpayers may claim the
deduction for taxes paid on multiple purchases. However, the deduction
is limited to the tax on up to $49,500 of the purchase price of each
qualifying new vehicle. Qualifying new vehicles must be purchased, not
leased, after Feb. 16, 2009, and before Jan. 1, 2010.
Taxpayers who buy a new vehicle may deduct
state or local fees or taxes that are similar to a sales tax whether or
not their state imposes a sales tax. To qualify, the fees or taxes must
be assessed on the purchase of the vehicle and must be based on the
vehicle’s sales price or as a per-unit fee.
The amount of the deduction is reduced for taxpayers whose modified
adjusted gross income is between $125,000 and $135,000 for individual
filers and between $250,000 and $260,000 for joint filers. This
deduction is available regardless of whether a taxpayer itemizes
deductions on Schedule A. Itemizers claim the deduction on either Line 5
or Line 7 of Schedule A.
AMT Exemption Increased for One Year
For tax-year 2009, Congress raised the
alternative minimum tax exemption to the following levels:
• $70,950 for a married couple filing a joint return and qualifying
widows and widowers, up from $69,950 in 2008
• $35,475 for a married person filing separately, up from $34,975
• $46,700 for singles and heads of household, up from $46,200
Under current law, these exemption amounts will drop to $45,000, $22,500
and $33,750, respectively, in 2010.
Other Changes
The standard mileage rate for business use
of a car, van, pick-up or panel truck is 55 cents for each mile driven.
The standard mileage rate for the cost of operating a vehicle for
medical reasons or as part of a deductible move is 24 cents per mile.
The rate for using a car to provide services to charitable organizations
is set by law and remains at 14 cents a mile.
The value of each personal and dependency
exemption is $3,650, up $150 from 2008. Most taxpayers can take personal
exemptions for themselves and an additional exemption for each eligible
dependent. This is one of more than three dozen individual and business
tax provisions that are adjusted each year to keep pace with inflation.
A complete rundown of these changes can be found in 2009 Inflation
Adjustments Widen Tax Brackets, Change Tax Benefits.
The amount of taxable investment income a
child can have without it being taxed at the parent's rate is $1,900, up
$100 from 2008.
There are several modifications to the
definition of a qualifying child. For example, the child must be younger
than the taxpayer, unless the child is totally and permanently disabled.
These changes affect who can claim various tax benefits including the
dependency exemption, child tax credit, credit for child and dependent
care expenses, head of household filing status and the EITC.
A new rule applies to the noncustodial
parent in situations where a couple is divorced or legally separated
after 2008. To claim a child as a dependent, the noncustodial parent
must attach Form 8332 or a similar statement to his or her tax return.
For pre-2009 divorces and separations, the noncustodial spouse still has
the option of attaching certain pages from the divorce decree or
separation agreement, instead of Form 8332.
A $3,500 or $4,500 voucher or payment made
for such a voucher under the CARS “cash for clunkers” program is not
taxable to the consumer buying or leasing a new car.
Unemployment benefits up to $2,400 received
in 2009 are tax free for unemployed workers. Every person who receives
unemployment benefits can exclude the first $2,400 of these benefits on
their return. Unemployment benefit amounts over $2,400 are taxed.
Saver’s Credit - Tax Break Helps Low- and Moderate-Income Workers Save for
Retirement...
Low and moderate income
workers can take steps now to save for retirement and earn a
special tax credit in 2008 and the years ahead. The
saver’s credit helps offset part
of the first $2,000 workers voluntarily contribute to Individual
Retirement Arrangements (IRAs) and to 401(k) plans and similar
workplace retirement programs.