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Archive for April, 2007

Sale of Mother’s Home

Thursday, April 26th, 2007

Carol writes:My mom will be closing on the sale of her house next week to move to assisted living. The profit will be split evenly between her, myself, and my two siblings since the house is in all of our names. My siblings and I want to preserve as much of our portions as possible to help with her assisted living costs. Any thoughts would be appreciated.

My response: It’s a shame that you’re asking this question now, thinking about this now, instead of whenever it was that you decided it was wise for you and your siblings to be put on the title of your mother’s home. Since you already made that mistake, unfortunately it’s too late for most tax planning options.

The best advice I can offer at this point is to find the best tax attorney, best elder law attorney and best tax professional possible before you close on the property. You may be able to transfer the property out of your names somehow, but it would need to be done legally and without fraud (the reason it’s so important to have good representation) before the property is sold.

The tax attorney will hopefully be able to help you with a transfer, assuming it’s possible and feasible. The elder law attorney may be able to assist you with your mother’s assisted living. Many assisted living institutions have a graduated charge depending on assets and income. If your mother’s income and assets are limited, you may be able to get some government assistance. In this instance it would be beneficial to her to not have a large gain from the sale of her house. And of course, a good tax professional will be able to help you with the tax consequences of the sale.

Best wishes,

Gina

Excess Contribution to ROTH IRA

Thursday, April 26th, 2007

Mary would like to know: My husband and I have both been contibuting to Roth’s - 1600.00 combined per year. This past year, because he left a job, had a vacation buy out, and started a new job, we are over the salary limit for the Roth, among other things. We are stymied by what to do. Next year our income will not be over the limt. Do we have to take out everything? Only the amount contibuted this past year? What if we did nothing? We have continued contibuting, but are wondering about converting to a traditional IRA - all of the investment or only the amount from last year?. Any suggestions would appreciated? In addition, we have lost the tuition deduction for the 2 college kids and the 2 other children under 17 because of this income this year. Thanks!

My response: Dear Mary,

The law provides a way to fix an excess contribution that was made to a Roth IRA. If you do not fix the excess contribution (or you do not fix it properly) you are required to pay a 6% penalty tax EACH YEAR the excess contribution remains in error.

You can avoid the 6% penalty tax by taking the excess contribution and any earnings attributed to the excess contribution out as a distribution on or before the due date (including extensions) for filing your return for the year of the excess contribution. You are required to report and pay tax on the net income attributable to the excess contribution in the year of the excess contribution, even if you take it out during the following year. The earnings will be taxed like any other taxable distribution of earnings from a Roth IRA, and will be subject to the early distribution penalty if you’re under 59-1/2 unless an exception applies.

Another potential way to correct the excess contribution is to have the trustee of your Roth IRA make a direct transfer to a trustee for a regular IRA (the IRS refers to this as a “recharacterization”). To avoid penalties, the transfer must occur on or before the due date (including extensions) for filing your return for the year of the excess contribution. This transfer must include the amount of the excess contribution and the earnings that are attributed to it. If this is done properly the contribution will be treated as if it went to the regular IRA in the first place and you don’t have to pay tax on the earnings that are transferred from one IRA to another. As you can see, by recharacterizing the excess contribution and it’s earnings you can eliminate the 6% penalty tax and you’re allowed to keep the earnings in an IRA, instead of taking the earnings out and paying tax on them. Of course you’ll benefit from a recharacterization only if you’re permitted to contribute to a regular IRA. If your excess contribution to the Roth IRA would also be an excess contribution in a regular IRA you can’t use this method to avoid a penalty. If you’d like to research this further you can start with IRS Publication 590: Individual Retirement Arrangements and for various worksheets, calculators and other articles on the Roth IRA you may wish to visit http://rothira.com

I hope I satisfactorily answered your question.

Best wishes, Gina

Contributions to 529 Plans

Thursday, April 26th, 2007

Jake writes: Dear Gina, I understand that I can contribute $22,000 a year or $110,000 in a 5 year period into a 529 without triggering gift tax. Does $22,000 a year use up your gift tax to that individual for the year, or is the $22,000 a year in addition to the normal yearly exemption? Thanks in advance! Jake

My response: Hello Jake! For 2007 you are allowed to gift any one person up to $12,000 per year and have that amount excluded from gift tax (an exception to this is gifts of future interest in property). If you happen to be married then both you and your wife can gift $12,000 per year to one individual and then your total annual gifts to that individual would be $24,000. You can use your $12,000 gift tax annual exclusion when making a contribution to a 529 plan. In addition, if you contribute more than the $12,000 annual exclusion amount to 529 plans for any particular beneficiary, you are allowed to spread as much as $60,000 (five times the annual exclusion amount) over five years for gift-tax purposes. This is a special election which is made on your annual gift tax return filed for the year of contribution. You will not owe any gift taxes if you make no other gifts to that individual over the five-year period. If you do make additional gifts (birthday, Christmas, etc.) to this individual then you will be required to report those gifts and they will reduce your cumulative lifetime gift exclusion. So you may want to take that into consideration when you decide how much to contribute each year. For additional information on 529 Plans visit Saving for College. For additional information on gift and estate taxes visit the IRS.

Best wishes,

Gina

Organize Your Business Records

Sunday, April 15th, 2007

All small business owners must deal with the massive amounts of paperwork. How you organize that paperwork is totally up to you; however most small business owners would like more guidance.  The following is generally how I advise my new business clients to set up their records:

Purchase three plastic manila folder boxes. Label them as follows:

  • Enter into Computer
  • To Be Paid
  • To Be Filed

Every receipt that your business obtains should first go into the box labeled “Enter into Computer”. After you have entered the item into your computer, then it either needs “To be Paid” or it needs “To be Filed”.

When an item needs “To be Paid”, it is placed in that box, filed by the date it is to be paid. After the item is paid, you should mark on the item the date it was paid and how (what check number or if by credit card, which card). If you have check stubs, staple the stub to the receipt indicating it was paid. Then the item is moved to the “To Be Filed” box.

Items in the “To Be Filed” box should be filed at least weekly, if not daily. These items will be filed, either in the filing cabinet or in a binder.

Purchase a filing cabinet. Filing cabinets can be expensive so if money is tight, look for used ones at Goodwill, yard sales, etc.

Purchase manila folders, to be placed in the filing cabinet, to hold all your business expense receipts.  The following are examples of how your files may be labeled. Your business may not have all these expenses – if you don’t, then you don’t need a folder for it. If your business has an expense category that isn’t listed, just label the folder accordingly. File the folders alphabetically in your filing cabinet. Inside each folder group your receipts according to vendor (for example, in “Car and Truck Expenses” you may have receipts from Jiffy Lube, Shell and Tire Max), preferably alphabetically.

  • Advertising

  • Car and Truck Expenses

  • Charitable Contributions

  • Commissions & Fees

  • Contract Labor

  • Employee Benefits

  • Insurance

  • Legal

  • Meals & Entertainment

  • Other Professional Services

  • Office Expense

  • Payroll

  • Pension & Profit Sharing Plans

  • Rent or Lease

  • Repairs or Maintenance

  • Start-up Costs

  • Supplies

  • Taxes & License

  • Travel

  • Utilities

  • Wages

  • Business Use of Your Home

Purchase large binders and label them as follows:

  • Bank Statements – After you have reconciled your bank statement each month, staple the reconciliation to the bank statement and file it by month in this binder.

  • Fixed Assets – Every time you purchase something for your business that you expect to last longer than one year, file it in this binder. Divide your purchases into groups such as Furniture & Fixtures, Computers & Equipment, Vehicles, Leasehold Improvements, etc.

  • Accounts Receivable – After a sale is generated, if it was not paid for immediately, file it alphabetically by customer last name in this binder. Once a customer has paid their bill, remove it from this binder, mark how and when it was paid and put the invoice in the box labeled, “Enter Into Computer”.

  • Sales Collected – After you have received payment for a sale and it was entered into the computer the sales invoice should be filed in this binder by month received.

  • Long-Term Debts – Any time you enter into a long-term financing arrangement (bank loan, line of credit, shareholder loan), file that paperwork in this binder, divided by loan.

  • General Ledger – Every month, after all transactions for the month have been entered, print a detailed general ledger for the month and file it, by month, in this binder

  • Financial Statements – Every month, after the detailed general ledger is printed, print your financial statements (Balance Sheet and Income Statement) and file them by month in this binder

  • Minutes – Even if you are not required to keep company minutes it is a good idea to get into the habit of recording important business decision throughout the year. I often will tell clients to make notes of things in their records, like why they decided to increase their sales prices or why they decided to discontinue a product line or why they had an unusual business expense, etc. This is where all those notes should be kept. Then if you do decide to incorporate you would have already developed the habit of keeping business minutes.

All folders in your filing cabinet, items in your Bank Statements binder, Sales Collected Binder and Financial Statements binder can be boxed up every year. Label the boxes and store the boxes for at least 4 years, but there’s no need to keep them longer than 10 years. The items in the Fixed Asset binder and Long-Term Debts binder should be kept in the binder until the item is no longer of use to the company (the asset was sold or removed from service, the debt was paid in full or refinanced, etc.). At that time it can be boxed up and stored for at least 4 years or the remainder of what it’s useful life was plus 4 years, whichever is greater.

You do not have to set up your filing system this way. You do not have to use a computerized bookkeeping system. But you do have to have some sort of system which will enable to find information when you need it. For additional information visit the IRS website and view the following articles:

Assisted Living Deductions

Tuesday, April 10th, 2007

Estelle asks:I have a parent in assisted living. I have asked two accountants the answer to this question and both gave me different answers. One accountant said to deduct the whole amount of rent as a medical deduction, because she is there for health and medical reasons. The other accountant said to deduct the difference between the rent (with services included) and rent for independent living (which the same facility used to have also) as a medical deduction. I have searched IRS info. and still do not a definitive answer. Thanks for any help with this one.

My reply: Hello Estelle! Thank you for visiting.

The easiest and quickest approach would be to contact the facility and ask them how much of the total payments, in your parent’s case, are for deductible medical expenses. This is a common enough question that many provide a letter to their residents each year telling them how much of their payments are deductible.

If that fails, then discuss exactly what medical care your patient is receiving with her doctor. After obtaining the information from your parent’s doctor provide this information to your qualified tax preparer and/or carefully review “Qualified long-term care expenses” in IRS Pub 502.

Best wishes, Gina