Tag: tax planning

The Tax Cuts and Jobs Act (TCJA) and Code Section 1031

Posted by Simon Filip on February 13, 2018

The Tax Cuts and Jobs Act (TCJA) and Code Section 1031 The Tax Cut and Jobs Act (TCJA) was signed into law on December 22, 2017, and took effect on January 1, 2018. Included in the political promise of tax simplicity and historically large tax cuts to middle-income households were amendments to existing tax code, including Code Section 1031. Investment property owners will continue to be able to defer capital gains taxes using 1031 tax-deferred exchanges, which have been in the tax code since 1921.

What changes under the new tax law?

The tax law repealed 1031 exchanges for all other types of property that are not real property. This means 1031 exchanges of personal property, assets that can no longer be exchanged including collectibles, franchise licenses, and patents, aircraft, machinery, boats, livestock, and artwork.

What didn’t change for 1031 exchanges?

Real estate exchanges are subject to the same rules and requirements as prior law. Taxpayers must still identify their replacement within 45 days and exchange within 180 days. All real estate in the United States, improved and unimproved, also remains like-kind to all other domestic real estate. Foreign real estate continues to be treated as not like-kind to real estate.

Are there timing considerations?

Pursuant to the transition rules, a personal property exchange to be completed in 2018 would be afforded tax deferral under the prior law if the relinquished property was sold or the replacement property was acquired by the taxpayer prior to December 31, 2017.

What about cost segregation?

A cost segregation study identifies and reclassifies personal property assets to shorten the depreciation time for taxation purposes, which reduces current income taxes. Taxpayers entering into a 1031 exchange who are contemplating a cost segregation study, need to consider the disallowance of personal property as like-kind to real property. Reclassifying asses to shorter recovery periods will increase annual depreciation deductions, but can potentially cause gain recognition from the exchange.

We’ve got your back

The new tax code is complex and every taxpayer’s situation is different, especially when real estate is involved – so don’t go it alone! Check out the New Tax Law Explained! for Individuals and then contact me at sfilip@krscpas.com or 201.655.7411 to discuss tax planning and your real estate investments under the TCJA.

New Rules for Deducting Business Meals and Entertainment Under Tax Reform

Posted by Maria T. Rollins on February 13, 2018

New Rules for Deducting Business Meals and Entertainment Under Tax Reform

Prior to the Tax Cuts and Job Acts, a business owner generally could deduct 50% of business related meals and entertainment expenses. Meals provided to an employee on the business premises for the convenience of the employer were generally 100% deductible.

These expenses are treated differently under the new tax law.

How will meals and entertainment expenses be affected?

Entertainment expenses are now completely nondeductible, regardless of whether they are directly related to, or associated with, the taxpayer’s business, unless an exception applies. One of those exceptions is for “expenses for recreation, social, or similar activities primarily for the benefit of the taxpayer’s employees, other than highly compensated employees.”

Under the new tax law:

Office holiday parties remains fully deductible.
Expenses for entertaining clients (including tickets for sporting, concert, and other events) were 50% deductible. The 50% deduction included the event tickets up to face value. Beginning January 1, 2018, these expenses are nondeductible.
Business meals and employee travel meal expenses remain 50% deductible.
Expenses for meals provided for the convenience of the employer generally were 100% deductible. Beginning 1/1/2018, they are 50% deductible. After 2025, they are nondeductible.

What should a business owner do to prepare for this change?

Update your general ledger to segregate expenses into accounts earmarked as 100%, 50%, or nondeductible. Having the expenses categorized at the time they are incurred will save a lot of effort come tax time. This practice will also allow your tax preparer to clearly identify which expenses are deductible and avoid errors in your tax filing.

We’ve got your back

At KRS, we’ve been tracking tax reform legislation closely and are ready to assist you in your tax planning and preparation so that you’re in compliance under the reformed tax law. Don’t lose sleep wondering what impact the new tax rules will have on you, your family, or your business. Contact me at 201.655.7411 or mrollins@krscpas.com.

Repeal of Miscellaneous Itemized Deductions – What Does This Mean for Employee Business Expenses?

Posted by Maria T. Rollins on February 6, 2018

Repeal of Miscellaneous Itemized Deductions – What Does This Mean for Employee Business Expenses? Before the Tax Cuts and Jobs Act, individuals who itemized their deductions could deduct certain miscellaneous itemized deductions to the extent that those deductions exceed 2% of their adjusted gross income (AGI). These deductions included unreimbursed employee business expenses, such as unreimbursed transportation, travel, business meals and entertainment, subscriptions to professional journals, union and professional dues, and professional uniforms.

Under the new law, miscellaneous itemized deductions are disallowed after December 31, 2017.

So what does this mean for those employees who incur these costs in performing services for their employer?

They may be out of luck. Let’s say an employee earns $60,000 in wages and incurs $2,500 in business related expenses such as travel, insurance, and subscriptions. The employee is taxed on the full $60,000 and the $2,500 out of pocket expense is not deductible.

Reimbursement under an accountable plan

Employers who don’t reimburse employees for legitimate business expenses under an accountable plan should consider the effects of this practice. Employers can generally provide employees with the same real compensation and a lower taxable income if they provide some of the compensation in the form of reimbursement of business expenses under an accountable plan. So, if the employee in the example above was paid $2,500 less (making his earnings $57,500), but was separately reimbursed for his $2,500 of business expenses under an accountable plan, he would have a lower taxable income with the same actual compensation because his $2,500 of reimbursement wouldn’t be included in income.

If you incur significant employee business expenses, talk to your employer about establishing an accountable plan. Doing so can save the employee taxes with little impact to the employer.

We’ve got your back

At KRS, we’ve been tracking tax reform legislation closely and are ready to assist you in your tax planning and preparation now that the Tax Cut and Jobs Act is finally signed into law. Don’t lose sleep wondering what impact the new laws will have on you, your family, or your business. Check out the New Tax Law Explained! For Individuals page and then contact me at 201.655.7411 or mrollins@krscpas.com.

The Tax Act and the Real Estate Industry

Posted by Simon Filip on February 2, 2018

Tax Cuts and Jobs Act (“TCJA”)

On December 20, 2017 Congress passed the most extensive tax reform since 1986, which was subsequently signed into law by President Trump. Included in the TCJA are changes to the Internal Revenue Code (“Code”) that impact taxpayers engaged in the real estate business, and those who otherwise own real estate.

Individual tax rates

The TCJA lowers the marginal (top tax bracket) tax rate applicable to individuals from 39.6% to 37%. The net investment income tax (NIIT) and Medicare surtax of 3.8% and 0.9%, respectively, remain. The reduction in tax rates is not permanent like the corporate tax rate reduction, and is scheduled to expire after 2025. The tax rates applicable to long-term capital gains of individuals remains at 15% or 20%, depending on adjusted gross income (AGI).

Deduction for qualified business income of pass-through entities

The TCJA creates a new 20% tax deduction for certain pass-through businesses. For taxpayers with incomes above certain thresholds, the 20% deduction is limited to the greater of (i) 50% of the W-2 wages paid by the business, or (ii) 25% of the W-2 wages paid by the business, plus 2.5% of the unadjusted basis, immediately after acquisition, of depreciable property (which includes structures, but not land).

Pass-through businesses include partnerships, limited liabilities taxed as partnerships, S Corporations, sole proprietorships, disregarded entities, and trusts.

The deduction is subject to several limitations that are likely to materially limit the deduction for many taxpayers. These limitations include the following:

Qualified business income does not include IRC Section 707(c) guaranteed payments for services, amounts paid by S corporations that are treated as reasonable compensation of the taxpayer, or, to the extent provided in regulations, amounts paid or incurred for services by a partnership to a partner who is acting other than in his or her capacity as a partner.
Qualified business income does not include income involving the performance of services (i) in the fields of, among others: health, law, accounting consulting, financial services, brokerage services, or any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners, or (ii) consisting of investing or investment management, trading, or dealing in securities, partnership interests or commodities.
Qualified business income includes (and, thus, the deduction is applicable to) only income that is effectively connected with the conduct of a trade or business within the United States.
The deduction is limited to 100% of the taxpayer’s combined qualified business income (e.g., if the taxpayer has losses from certain qualified businesses that, in the aggregate, exceed the income generated from other qualified businesses, the taxpayer’s deduction would be $0).

Interest expense deduction limitation

For most taxpayers, TCJA disallows the deductibility of business interest to the extent that net interest expense exceeds 30% of Earnings before Income Taxes Depreciation and Amortization (EBITDA) for 2018 through 2022, or Earnings before Income Taxes (EBIT) beginning in 2022. An exemption from these rules applies to certain taxpayers with average annual gross receipts under $25 million.

A real property trade or business can elect out of the new business interest disallowance by electing to utilize the Alternative Depreciation System (ADS). The ADS lives for nonresidential, residential and qualified improvements are 40, 30, and 20 years, respectively. All of which are longer lives, resulting in lower annual depreciation allowances.

Immediate expensing of qualified depreciable personal property

The TCJA includes generous expensing provisions for acquired assets. The additional first year depreciation deduction for qualified depreciable personal property (commonly known as Bonus Depreciation) was extended and modified. For property placed in service after September 27, 2017 and before 2023, the allowance is increased from 50% to 100%. After 2022, the bonus depreciation percentage is phased-down to in each subsequent year by 20% per year.

Expansion of Section 179 expensing

Taxpayers may elect under Code Section 179 to deduct the cost of qualifying property, rather than to recover the costs through annual depreciation deductions. The TCJA increased the maximum amount a taxpayer may expense under Section 179 to $1 million, and increased the phase-out threshold amount to $2.5 million.

The Act also expanded the definition of qualified real property eligible for the 179 expensing to include certain improvements to nonresidential real property, including:

Roofs
Heating, Ventilation, and Air Conditioning Property
Fire Protection and Alarm Systems
Security Systems

We’ve got your back

The new tax code is complex and every taxpayer’s situation is different, especially when real estate is involved – so don’t go it alone! Contact me at sfilip@krscpas.com or 201.655.7411 to discuss tax planning and your real estate investments under the TCJA.

What Tax Topics Do Millennials Care About?

Posted by Lance Aligo on August 29, 2017

On July 25, 2017, senior accountants Lance Aligo and Diane Pineda participated in an NJBIA panel presentation focusing on personal finances for young professionals. The first few years following college can be very challenging and it’s important for YPs to understand the tax implications of life changes.This panel covered topics such as marriage, job changes, first time home buyers, and starting a family.

One tax topic discussed was the difference between filing a “married filing joint,” “married filing separate” and “single” tax return.

Whether a couple is married on January 1 or December 31, they are considered to be married for the full year for income taxes and are required to file a “married” tax return.

An audience member posed the question,

When is it beneficial for a couple to file a married filing joint tax return compared to married filing separate?

Here’s what the panelists noted:

When married filing joint, the couple will complete one shared tax return and take full responsibility for the income and tax that is owed.
When married filing separate, the couple will each report their own income and be responsible for their own tax liability.
Filing separate can limit or disqualify tax credits and deductions. Each couple is unique and depending on their situation, both ways should be considered.
It is important to keep in mind that married filing separate is not the same as filing as a single person. Most of the time, a couple will pay less tax when filing a married filing joint return.
A married couple filing separate will lose the following credits and deductions (geared towards the young professional):
- Traditional IRA deductions
- Child and dependent care tax credit
- College tuition expense deduction
- American opportunity credit and lifetime learning credit
- Student loan interest deduction
- Earned income credit
If married filing separate, both taxpayers must claim either the standard deduction or itemized deduction. If one spouse is itemizing, the other must too.

Situations where married filing separate may benefit the taxpayer:

When filing separately, you will be responsible for the accuracy and completeness of only your return and have no responsibility for your spouses.
It’s possible that your overall tax bill could be lower as a couple when filing separate due to one spouse having significantly high itemized deductions. Specifically, itemized deductions limited by your adjusted gross income.
- Medical expenses, unreimbursed employee business expenses, investment expenses, fees for tax preparation, charitable contributions.
Since adjusted gross income is lower on married filling separate returns, the limited itemized deductions listed above may be higher if you file separately reducing a couple’s overall tax liability.

If a couple is married, it is important to consider each unique situation and then determine which method, joint or separate, provides you with the lowest tax liability.

Standard vs. itemized tax deductions

Another topic discussed was standard vs. itemized deductions. The standard deduction for 2017 for a single individual is $6,350 and for a married couple $12,700 ($6,350 for married filing separately).

Itemized deductions are a group of eligible expenses that an individual can claim on their federal income tax return that potentially reduce their taxable income. These deductions are reported on Schedule A of Form 1040. A taxpayer may claim itemized deductions and receive a benefit from them when their total itemized deductions are larger than the IRS standard deduction.

What are some of the itemized deductions and how can they be tracked?

First-time homeowners should be aware that they are paying real estate taxes which are tax deductible as an itemized deduction. If the homeowner is paying a mortgage, the interest portion of the payment is tax deductible as an itemized deduction.

These deductions are tracked by the bank where you have your loan. At the end of the year you will receive a Form 1098 which reflects the mortgage interest that was paid for the year. Typically, Form 1098 will also reflect the amount of real estate taxes that were paid for the year. If it does not, you should refer to quarterly or semi-annual tax statements from your town.

Taxes paid to any state jurisdiction are tax deductible. If you are working as a W-2 employee, state taxes are being withheld from your paycheck. These taxes will be reported to you on your Form W-2 reflecting what taxes were withheld and what can be deducted as an itemized deduction. If you are self-employed and pay quarterly estimates, a great way to track your payments is to keep copies of the checks you write as well as proof from your bank statements.

Charitable contributions are also itemized deductions. Cash and non-cash items qualify for this deduction as long as they are donated to a recognized charitable organization. The organization that you donated to will provide you with a receipt of what was received and the value of the gift. If donating a non-cash item valued more than $5,000, a special appraisal needs to be completed and in writing to submit to the IRS with your Form 1040.

Other itemized deductions that are common to the young professional include medical expenses, unreimbursed employee expenses, job search costs, union dues, investment expenses, continuing education, and tax preparation fees. To claim these deductions, the taxpayer should retain receipts for any expense incurred.

We’ve got your back

As a young professional myself, I understand the challenges we face. If you have any questions relating to tax topics relevant to YPs, contact me at laligo@krscpas.com or 201-655-7411.

Prepare Now for Easier 1099s in January ’18

Posted by Marika Dugan on July 18, 2017

Now is the time to contact vendors for any missing W-9 forms, so that you have a less frenetic year-end.

In fact, we recommend that you obtain a vendor’s W-9 before you pay any of their invoices. Don’t wait to the end of the year to begin the process.

Prepare Now for Easier 1099s in January '18 If your company uses independent contractors, you need to send them a 1099 form for their taxes.The IRS requires anyone providing a service who is not an employee and was paid $600 or more during the year, to be issued a 1099. There are exceptions for attorneys who have no dollar threshold, and payments to corporations, which are exempt from 1099 reporting.

Get detailed instructions for completing Form 1099-MISC.

Important deadlines for filing 2017 Form 1099-MISC

Copy B and Copy 2 of the 1099-MISC form (recipient’s copy) January 31, 2018

File Copy A of the 1099-MISC form (IRS copy) February 28, 2018

If filing electronically April 2, 2018

Electronic filing requires software that generates a file according to IRS specifications. When reporting nonemployee compensation payments in box 7 of Form 1099-MISC, the due date remains January 31, 2018.

Recommendations

It is much harder to contact independent contractors for information if their services were used sparingly, or if they no longer provide services. That’s why we recommend that you:

Withhold payment to any vendor who has not provided your company with an updated Form W-9.
Keep an electronic file of all W-9 forms received.
Accept W-9 forms from all vendors – even if you believe the entity may be exempt from 1099 reporting. (Better safe than sorry!)
Incorporate the Form W-9 requirement in your initial vendor setup and contract agreements.

Remember, taxpayers may be subjected to fines for late 1099 forms, missing forms, or wrong/omitted taxpayer information. To ensure a stress-reduced year end, start collecting any missing taxpayer information during these summer months.

We’ve got your back

From 1099s to 1040s and more, we believe in making tax season as stress-less as possible for our clients. Contact me at mrollins@krscpas.com to learn more about our proactive tax planning and preparation services.

Consider Converting to an S Corporation to Avoid Taxes

Posted by Simon Filip on February 14, 2017

Consider Converting to S Corporation to Avoid Taxes

For closely held corporations still taxed as C corporations, the opportunities to avoid future taxes should be considered.

When converting a C corporation to an S corporation there are a number of tax issues that must be addressed.

C corporation vs. S corporation tax rates

A C corporation is taxed on its taxable income at federal rates up to 35%. Distributions of qualified dividends to individual shareholders are taxed again at a federal rate as high as 23.8% (the tax rate on qualified dividends is 15% or 20%, depending on certain adjusted gross income thresholds with an additional 3.8% surtax on net investment income for taxpayers with adjusted gross income over certain thresholds).

If a business elects to be taxed as an S corporation, there is only one level of taxation, at the shareholder level.

Generally, items of income, deduction, gain or loss from a pass-through entity pass through to its owners, while the entity itself is not subject to tax. The S corporation may therefore be favorable as it avoids double taxation.

Not every C corp is eligible

Not every C corporation is eligible to elect to be taxed as an S corporation. The current S corporation eligibility requirements are as follows:

No more than 100 shareholders
Shareholders who are all individuals (there are exceptions for estates, trusts and certain tax exempt organizations)
No nonresident aliens as shareholders
Only one class of stock

Mechanics of election

The S election requires the unanimous consent of the shareholders and is effective for any year if made in the prior year or on or before the fifteenth day of the third month of the year. Some states, such as New York and New Jersey, require a separate election be filed, while some states follow the Federal tax classification.

Built-in gains

The excess of the fair market value of the assets over their adjusted basis at the time of the S election is considered “built-in gain.” If any of this built-in gain is recognized during the 5-year period beginning with the first tax year for which the corporation was an S corporation, such gains remains subject to corporate-level tax. Any appreciation of assets that occurs post-S corporation election, is subject to only one level of taxation.

Here’s an example:

XYZ, Inc., a C corporation, was converted to an S corporation on January 1, 2017. On the date of the conversion, it owned real estate with a fair market value of $3 million and an adjusted basis of $2 million. The corporation’s net unrealized built-in gain would be $1 million. If the corporation had taxable income of $1.5 million and sold the real estate asset in 2019, the corporation would be subject to the built-in gains tax of $350,000 ($1 million x 35%). However, if the built-in gain assets were sold in 2023, the built-in gains tax would be a non-issue (zero built-in gain tax), since the fifth year of the recognition period passed.

For more about real estate and C corps, see my post Do You Hold Real Estate in a C Corporation?

Excess passive investment income

If an S corporation was previously a C corporation, it may have accumulated Earnings & Profits (“E&P) from years when it was a C corporation. A potential problem for an S corporation with E&P is the passive investment income tax.

If gross passive investment income (which includes income from interest, dividends, and certain rents) exceeds 25% of gross receipts, the corporation may be subject to tax on its net passive investment income. This is fairly common when a taxpayer makes an S election for a C corporation that owns rental real estate. In a year where an S corporation has both E&P and excess passive investment income, some of the excess net passive investment income may be subject to the tax at the highest corporate income tax rate. This does not apply to a year in which there is no taxable income.

The S corporation will still have a problem if there is no taxable income and the passive investment income tax does not apply. If the S corporation has both E&P and excess passive investment income for three (3) consecutive tax years, the S corporation status is revoked on the first day of the fourth year.

Tax planning can help minimize your taxes

The double taxation of C corporation income is very tax inefficient. With proper tax planning, the owners of a C corporation can minimize their total taxes by converting the corporation to S corporation status. As always, KRS CPAs is here to help you. Contact me at sfilip@krscpas.com or 201.655.7411 for assistance with C corporations and tax planning.

Tax Planning Strategies – Minimizing 2016 Individual Income Taxes

Posted by Maria T. Rollins on October 24, 2016

It is never too early to get a jump start on tax planning. Why not start now and minimize your end of the year holiday stress? These tax planning techniques could help you reduce 2016 taxes.

Make Charitable Contributions

Making charitable contributions is a great way to reduce your taxable income. The most common type of donation is a monetary contribution. Taxpayers are allowed to make tax deductible monetary contributions to qualified organizations in amounts up to 50% of adjusted gross income.

Additionally, donating securities is an excellent way to support a charitable organization and avoid paying capital gains tax. When you donate securities that were held for more than one year, the contribution is deducted at fair market value and capital gains tax is avoided. This strategy works best with appreciated securities. Unlike monetary charitable contributions, donating securities to qualified organizations are limited to 30% of adjusted gross income.

Plan for Capital Gains

If capital gains are expected to be significant in 2016, consider selling some securities in your portfolio at a loss and generate capital losses. Capital losses are netted against capital gains to calculate the net taxable amount. Furthermore, if capital losses exceed capital gains, taxpayers may take a capital loss deduction up to $3,000 in the current year and carry forward the remainder to future years.

For example, if a taxpayer sells two securities, one with a gain of $50,000 and one at a loss of $65,000, a $3,000 capital loss deduction is allowed in the current year. The remaining $12,000 capital loss is carried forward to the following year.

Avoid Alternative Minimum Tax

The alternative minimum tax (AMT) has a significant impact on tax planning for high income individuals. AMT limits certain benefits and itemized deductions you might otherwise be eligible to receive. In years where taxpayers will be subject to AMT, one strategy is to accelerate income or defer tax deductions. This will help avoid AMT either in the current year or over multiple years.

For example, if you are subject to AMT and will not receive any benefit for state tax payments in the current year, defer those payments, if possible, to the next year when you’re not subject to the AMT.

If you’re not in the AMT for the current year, pay any state taxes before the end of the year, which may be due in April, to accelerate the year of the tax deduction. The IRS has the following tax tool to help determine if you might be taxed under AMT (https://www.irs.gov/individuals/alternative-minimum-tax-assistant-for-individuals).

Prepay Deduction Items

Another way to reduce taxable income in 2016 is to prepay 2017 real estate taxes, state and local income taxes, and other miscellaneous itemized deductions. Itemized deductions are recognized in the year they are paid, not the year they are due. If a taxpayer itemizes and has the option to accelerate 2017 expenses to 2016, this will increase deductions in 2016 which will decrease adjusted gross income.

Before implementing this strategy confirm you will not be subject to the AMT and your overall itemized deductions will be greater than the standard deduction. You should also consider itemized deduction limitations that may be greater due to higher income in 2016.

You may benefit from implementing at least one of these tax planning strategies. They are just a few of the methods to reduce taxable income and should be implemented on a case-by-case basis. At KRS we work with our clients to develop fluid tax plans and minimization strategies.

If you would like to learn more about tax planning and how to implement strategies to reduce your taxes, please contact Maria Rollins, CPA, to set up a consultation.