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Tax Tip Archive - 2005

January

Short & Long Term Capital Gains

Remember that short-term capital gains are taxed at your highest marginal tax rate and not the special long-term rates. It is to your advantage to make sure you hold a capital asset for more than one year if you have a gain and want to achieve maximum tax savings.

Also, remember that when you carry over a loss, it retains its character of being either “long” or “short” term. Under this rule, a long-term capital loss you carry over to the next tax year will reduce that year’s long-term capital gains before it reduces that year’s short-term capital gains.

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Bad Debt Deductions

If you have loaned someone money and are now unable to collect the amount owed to you, you may be able to claim a deduction for a bad debt. There are differences between business and non-business bad debts, with rules distinctive to each. You may deduct a non-business bad debt only in the year in which the debt becomes totally worthless. You may deduct a partially worthless business debt when the uncollectible amount can be identified with reasonable certainty.

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Worthless Securities

In order to claim a loss for worthless securities you must be able to demonstrate that the securities are now totally worthless. A deduction for partial worthlessness is not allowed. To prove worthlessness you should secure a statement from a third-party or the company that issued the security, stating that the security is worthless.

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Wash Sales

If you violate the wash sale time limits, the loss that you are not able to currently deduct is not permanently lost. A wash sale occurs when you buy a security within 30 days (before or after) of having sold the same security at a loss. Instead the disallowed loss is added to the cost of the new stock or securities you purchased. Your holding period for the new stock or securities includes the period of time that you held the stock or securities that you sold.

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February

Household employees

If you hire someone to care for your children and the care is provided in your home, the IRS will generally consider you an employer. If you pay the domestic worker more than $1,400 during 2004, you will be liable for the employer’s share of FICA tax. You need not withhold federal income tax unless the domestic worker asks you to withhold and you agree. Any tax that you owe because of your employer status, is generally reported on Schedule H, “Household Employment Taxes,” which is filed with your Form 1040. You may also be responsible for Texas unemployment taxes.

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Higher Education Expenses

The deduction for higher education expenses may be available to taxpayers who do not qualify for the Hope and Lifetime learning credits because their AGI exceeds the phase-out thresholds. In 2004, the credits are completely phased out if the taxpayer’s modified AGI exceeds $52,000 or 105,000 for joint filers; but the maximum $4,000 deduction is available for taxpayers with AGI up to $65,000 or $130,000 for joint filers.

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Self-Employed Retirement

A person should consider making contributions to a traditional IRA during a period of slowly reducing tax rates. The increasing contribution amounts allow you to shelter more of your income from the higher tax rates. The increasing contribution amounts allow you to shelter more of your income from the current higher rates. Once the rates have been reduced, you can change from a traditional IRA to a Roth IRA. You will have to pay income tax on all your contributions to date, but the taxation will be at the new lower rate. This will result in a lower tax liability. One must take care, however, that your income level doesn’t increase to the point where you will be disqualified from making the conversion to a Roth IRA.

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Vehicle Donations in the New Year

If you donate a vehicle to a charity in 2005, you will now no longer be able to deduct what the vehicle’s fair market value is according to various sources, such as Kelly Blue Book. Instead, you will be required to deduct the amount that the charity subsequently sells the vehicle for. This also applies to donated boats and airplanes. However, keep in mind that donations of vehicles valued at under $500 will not be limited to this amount but may use the fair market value for the vehicle.

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March

Teachers’ Classroom Deduction

If you are an instructor, teacher, principal, or aide of children from kindergarten though 12th grade, you can still deduct the amount of expenses you incur out of pocket for the classroom. It is limited to $250 as a deduction to get to adjusted gross income. This will apply to the 2004 tax year and to the 2005 tax year before it expires.

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Investments in Qualified Small Businesses

A substantial tax advantage exists for an individual that invests in certain small businesses that operate as corporations. The tax advantage is that the investor is allowed to exclude 50% of the gain realized from the sale of qualified small business stock. To qualify though, the stock must be held for at least five years and the investor must have acquired the stock at its original issue. In addition, this rule applies to stock issued after August 10, 1993 by a C corporation that operates an active business and has less than $50 million in gross assets.

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Avoiding Penalties by "Annualizing" Income

If your income varied a lot in 2004 (the amount you received did not get distributed evenly throughout the year for one reason or another), you can reduce, or eliminate, the amount of estimated tax penalty you might have taken by annualizing your income. This lets the IRS know that your income did not come in equal amounts during 2004 and that your estimated payments were made based on actual amounts received throughout the year. If you did have insufficient tax payments at the end of 2004 (because of a large payoff at year end from a capital gain, for example) you can always make up for this shortfall by paying more on your final installment (usually due January 15th) or conversely your employer can withhold more before the end of the year. This is allowed because additional withheld tax is treated as coming from all four quarters of the year.

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Deductible Travel Expenses for You (Boss) and Your Spouse (Employee)

The deductibility of travel expenses is another reason to have your spouse working with you in your business.  If their presence fills a legitimate business need, then the cost of the spouse accompanying you on your business trip as an employee of your business will be fully deductible. If any portion of the trip is recreational, you will be required to prorate the expenses for both yourself and your spouse between what is business and what is not. The costs of your return back to your tax home will still be deductible even tough your trip may turn to pleasure following business.

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Meals and Entertainment Deductions for the Self-Employed

Ticket prices to sporting events or theatrical shows purchased through a local ticket broker will not be entirely deductible. The face value of the ticket only will be deductible for income tax purposes. So, if you have bought tickets that are worth $50 that you paid $200 for, you will only have $50 that may be deducted.

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April

Self-Employed Home Office Deductions

Before you think about whether you are eligible to take the home office deduction, first determine the tax consequences on the sale of your home. The portion allocated as your home office will not qualify for the exclusion of capital gains on the sale of a principal residence if the business use of the property takes place in a separate structure, such as a detached garage. Because you are required to allocate the sale gain between residential and business use, the capital gains tax on the sale of the business portion of the home may be larger than the total depreciation deduction that you benefit from in prior years. In that case, a home office deduction may not generate a net tax advantage over time.

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Retirement for an Employee Spouse

One of the benefits of employing your spouse is that they are regarded as an employee to whom you can then offer retirement benefits to, such as a retirement plan. You will then be able to shelter more of your business’ net earnings in a tax preferred account, which will increase the family wealth at retirement.

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Deductibility of Moving Costs Related to Employment

You are able to deduct the moving costs that come with starting a new job if you are able to meet a time and distance test. Your move can meet the distance test if your new place for work is at least 50 miles further from your old home than your old workplace was. If it is a first job, then your new place of work must be at least 50 miles from the previous place you lived in order to meet the distance test. Also, remember that this requires a time test where you are a full-time employee at your new job for 39 weeks during the first 12 months following the move.

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May

Estimated Taxes in Your Future?

Most people pay taxes once a year. However some people are required to make estimated payments four times a year. This may be you if these following instances apply to your individual situation:

  • Income came this year from areas you forgot to consider when you filed your W-4 withholding form for the year.

  • A nanny was hired and you paid her federal payroll tax. These can be paid quarterly or in one lump sum when your taxes are filed in April.

  • You or your spouse became self-employed during the year, making you susceptible to self-employment taxes.

  • There were some large capital gains in the stock market you received during the year, but you didn’t change your withholding amount.

If you think any of those might apply to you, consider next if the following applies to you.

  • Your 2005 tax bill net of salary withholding to be less than $1,000.

  • You are a U.S. citizen or resident whose tax bill for 2004 was zero.

If these previous two apply to your situation, you will not need to make estimated payments. Anyone else may need to make estimated payments for the year.

More information can be obtained by downloading the IRS Publication 505 from the IRS’s website at: http://www.irs.gov/pub/irs-pdf/p505.pdf

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Write Off Your Wardrobe!

Even though it is important to look good at work, this does not mean a person will be able to deduct the cost of what they wear. If you are in a job that requires you to wear a uniform to work, you will be able to write off the cost of your clothing. However, if the attire is diverse enough that it can be worn away from your line of work, it will not be deductible because it then does not qualify as a uniform. For example, a suit is not deductible, even if the employer requires it. However, a postal worker’s attire is because that is not clothing you can (or should) wear away from your job. Of course, a suit can be worn in other places. Additionally, the dry cleaning associated with the uniform is deductible. Other people that would be able to deduct their clothing and cleaning costs could include pilots, nurses, and mechanics. These costs are deductible as itemized deductions above 2% of adjusted gross income.

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Thinking About Adopting?

You may not know that expenses you incur in the adoption of a child are deductible. To be eligible expenses, the child must be under 18 years of age or else physically or mentally unable of taking care of themselves. Expenses can include attorney’s fees, traveling fees, court costs, adoption fees, and meals while away on travel. These expenses must be directly incurred in connection with adopting a child. So, expenses for adopting a child of your spouse or surrogate parenting would not be allowed. Also, it must be legal to be an eligible expense.

The amount of the credit is $10,390 for each child or effort to adopt a child. Use form 8839 to claim the credit. The credit will be phased out for high income people. Know that credits for foreign children will be allowed only if the adoption is successful. For domestic adoptions, the credit may be claimed whether or not the adoption was successful. A special needs child that is adopted will allow for the full credit even if no expenses were incurred in the adoption. A special needs child may be determined by the child’s age, race, ethnic background, or whether the child has a handicap. Employer’s can provide adoption assistance also that can be excluded from the adoptive person’s income.

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Are You a Foreigner?

If you are someone that must work overseas for long periods of time during the year or over many years, you may qualify to receive the foreign earned income exclusion on wages earned. If you are a U.S. citizen, you may qualify to be either a bona fide resident of the country you are in or else qualify under the physical presence test. This exclusion allows up to $80,000 in money earned abroad to be excluded from your taxable income. You could qualify for the bona fide residence test if you maintained your tax home outside the United States for an entire tax year. This would allow you to come to the United States for more than 35 days a year without losing your status, provided the trips you took back to the States were temporary. Failing this, you could still qualify under the physical presence test, which would allow up to 35 days in the Unites States during any 12 consecutive month period, measured at any point in the year. This would also apply to U.S residences, not just U.S. citizens. So, if you went abroad June 1, you would prorate the amount of the year you were overseas times the maximum amount. This would be $46,667 (the percentage of seven months divided by twelve months times the $80,000 threshold). Using this scenario under the bona fide residence test, however, you will have to remain in that other country without interruption through all of 2006 (the next entire tax year) before attaining bona fide residency, but again, it would allow you more days in the Unites States.

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Mortgage Interest Credit

Most taxpayers with a mortgage deduct the mortgage interest as an itemized deduction on Schedule A.  However, certain taxpayers are allowed to take a portion of their mortgage interest as a tax credit, reducing their tax liability.

To be eligible to take the tax credit, taxpayer must first qualify for the mortgage credit certificate program.  The household income must be under certain limits based on the number of persons in the household.  Also, the taxpayer must be a “first time home buyer”.  A first time home buyer is a person who has not owned a home in the last three years.  The certificates are obtained from state and local governments and the mortgage must be obtained from a participating mortgage company.

The credit is the sum of the certificate credit rate, which is reflected on the issued certificate, times the mortgage interest paid during the year.  The credit rate may not be less than 10% or more than 50%.  If the credit rate on the certificate is greater than 20%, the maximum allowable credit is $2,000.  The credit is limited to the regular income tax less the alternative minimum tax less certain other tax credits.  Any unused portion of the credit is carried forward for three years.

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June

Retirement Account Distributions

Certain life events require immediate cash that people just don’t have lying around.  While there are several sources to obtain the cash needed, some people resort to taking money out of the retirement accounts.  If they have not reached a certain age there are tax consequences when doing this.

If the person taking the distribution has not reached age 59 ½, there will be a 10% penalty on the distribution, which is in addition to the regular income tax on the amount taken.  There are several exceptions to the 10% penalty rule which include:

  • Death or disability of the participant

  • Distributions after leaving service which are equal periodic payments over the participant’s lifetime

  • Distributions after leaving service provided the participant reached age 55

  • Distributions to a nonparticipant under a qualified domestic relations order

  • Distributions not exceeding deductible medical expenses and

  • Certain distributions by ESOP’s of dividends on employer securities.

If you have no other choice but to take an early distribution from your qualified retirement plan, the proper amount of tax withholding should be deducted from the distribution.  This includes the income tax at your marginal rate plus the 10% penalty.  If you think you will just pay the tax next year when you file your return, remember:  You are most likely taking the money for “emergency” purposes.  All of the money you take is probably going to the spent, leaving nothing for taxes when the time comes.

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Health Savings Account (HSA)

Beginning in 2004, individuals covered by a high-deductible health insurance plan and not eligible for Medicare may be able to open a HSA - a tax-favored savings plan in which individuals make deposits to pay qualified health expenses.  Employers can also contribute to a HSA plan.  Note: A high deductible plan has an annual deductible of at least $1,000 for individual coverage and at least $2,000 for family coverage.

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Reduced Capital Gains Tax Rates

The maximum tax rate on net long-term capital gains is 15 percent.  For taxpayers in the 10 or 15 percent tax brackets, net long-term capital gains are taxed at 5 percent.  To qualify, an asset must be held for more than one year before selling.  Capital gains on investments held for one year or less may be taxed at rates as high as 35 percent.  On collectibles held for more than one year, the maximum capital gains tax remains at 28 percent.

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Offset Capital Gains with Losses

Net capital losses are fully deductible against capital gains.  If your losses exceed your gains, you can deduct up to $3,000 in net capital losses against ordinary income ($1,500 if married filing separately).  Any remaining capital losses may be carried over to the next year.

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July

Individual Retirement Accounts (IRAs)

You may contribute up to $3,000 to fund a traditional or Roth IRA.  Those age 50 or older can make a catch-up contribution of $500.  Traditional IRA contributions may be deductible depending on your AGI and whether or not you are covered by an employer's pension plan.  Roth IRA contributions are not deductible, but the earnings accumulate tax-deferred and may be withdrawn tax-free if you meet the qualified distributions requirements.  

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Employer-Sponsored 401(k)

Pre-tax contributions to employer-sponsored retirement plans reduce your taxable wages.  Matching contributions and income earned within your plan are also tax-deferred. The employee contribution limit for 2005 is $14,000 (up from $13,000 in 2004).  Employees over 50 years of age may make a catch-up contribution of $4,000 for 2005 (up from $3,000 in 2004).  

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Dependent Care Credit

Parents who, in order to work, must pay for the care of a dependent under the age of 13 may be eligible for a tax credit of between 20 and 35 percent of qualifying expenses.  For 2004, the dollar limit on the expenses toward which you can apply the credit percentage is $3,000 for the care of one dependent and $6,000 for two or more.  This credit can also apply to care of your disabled spouse who is unable to care for himself or herself, or for care of any disabled person who is unable to care for himself or herself that you can claim as a dependent.  For more information, consult: http://www.irs.gov/pub/irs-pdf/i2441.pdf

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August

Child Tax Credit

The Child Tax Credit allows you to reduce your federal income tax by $1,000 for each qualifying child under the age of 17.  This credit is phased out if your modified AGI is above a certain amount.

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Education Tax Credits

Two popular credits can help defray the cost of education.  The Hope Credit, worth up to $1,500 for each qualifying student, is available for each of the first two years of college.  A Lifetime Learning Credit of up to a maximum of $2,000 can be used by anyone for undergraduate, graduate, and professional degree courses.  Both credits are phased out as modified AGI increases from $85,000 to $105,000 for joint filers and from $42,000 to $52,000 for single filers.  You cannot claim both credit for the same student in the same tax year.

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Dividends

Dividend income from a domestic or qualified foreign company is taxed at 15 percent (5 percent for taxpayers in the 10 and 15 percent tax brackets).  To qualify for this tax rate, you must buy the stock at least one day before the ex-dividend date and hold it for at least 60 more days.  The ex-dividend date is the last date on which shareholders of record are entitled to receive the upcoming dividend.

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Tuition Deduction and Student Loan Interest

For 2004 and 2005, the maximum deduction for higher education tuition and qualifying fees is $4,000.  You qualify for the deduction if your modified AGI is under $65,000 for single filers and $130,000 for joint filers.  This deduction phases out for single filers with AGI between $65,000 and $80,000 and for joint filers with AGI between $130,000 and $160,000.

Taxpayers whose AGI falls into qualifying limits can deduct up to $2,500 in student loan interest, regardless of whether they itemize. 

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September

Educational Travel Expenses for Professionals

Deductions are allowed for educational travel reasons if it is ordinary and/or necessary adjunct to a business activity, such as maintaining or enhancing employment skills within the current related line of business.

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Deducting Business Start-Up and Expansion Expenses

Start-up cost and expansion expenses in a trade or business can be recouped as tax deductions either the year the cost takes place or the follow year by either immediate expensing or a 60-month amortization if such cost has a useful life beyond one year. 

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Take Steps to Increase Deductions

The larger the number of deductions you claim, the smaller your taxable income will be and the less taxes you'll owe.  The best ways to boost deductions is to pay as many business expenses possible during the taxable year, such as stocking up on supplies, getting equipment or vehicle maintenance done in November or December, and prepaying rents, taxes, and insurances that are due at the beginning of the following year. 

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Home Office Deduction

As a small-business owner, you may qualify to take a home office tax deduction if you use a portion of your home for business purposes.  The home office must be your principal place of business used regularly and exclusively for business only, and that there is no other fixed location where you conduct substantial administrative and management activities of your business.

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October

Job Hunting Expenses

You can deduct expenses incurred form the start to the finish of a job search, if done in your current field of work or are a retired service man or woman.  This is not allowed if entering into a new field for the first time or have a prolonged absent within the field.  Expenses such as typing and printing resumes, postage, phone calls, travel to interviews, employment agency cost, job counselor cost, and referral services cost can be deducted as miscellaneous expenses under itemized deductions.

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Work Opportunity Tax Credit

WOTC is available on an elective basis for employers who hire individuals from one of eight targeted groups; families eligible to receive benefits under the Temporary Assistance for Needy Families (TANF) program, high-risk youth, qualified ex-felons, vocational rehabilitation referrals, qualified summer youth employees, qualified veterans, families receiving food stamps, and persons receiving certain Supplemental Security Income (SSI) benefits. The credit equals 40% of qualified wages (reduced to 25% for employment of 400 hours or less. 

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Tax Breaks for Commuting to Temporary Job Locations

If you usually work or perform services at a regular place or places of business on a regular basis, you are then allowed to deduct your daily transportation costs of travel to a temporary work location if the job at the temporary work location is expected to last one year or less.

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Property Transfers Between Spouses

No gain or loss will be recognized on any transfer of property between spouses during their marriage, or former spouses incident to a divorce. This rule also applies when one spouse transfers property in trust for the benefit of the other spouse during marriage; however, if transferred to former spouse in trust it is treated as a sale to the extent that the liabilities on the property exceed its basis.  Transferred of property do not include alimony, which is always taxable.

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Frequent Flyer Miles

Federal tax rules do not require that you report your frequent flyer miles as part of your income.  This includes situations in which miles are earned either for business travel or for personal expenditures.

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November

Zero-Coupon Bond or TIP

If a zero-coupon bond or a treasury inflation-protected security is purchased but not held in a tax-deferred account, the interest accrued must be included in your income every year even if not paid to you until maturity.  As a result, investing in these bonds don’t reduce your current years income.

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Flexible Spending Accounts

Successful use of FSA’s requires careful estimating of health care and/or dependent care expenses.  Money put into this type of account can only be used for reimbursements of qualified expenses during the year.  If the expenses during the year are less than the amount in the account, the money remaining will be lost.

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Long-term Planning

The difference between the highest individual tax bracket rate (35%) and the capital gains rate (15%) is 20%.  This become very valuable to high tax bracket individuals when determining the holding period of investments because long-term capital gains receive the favored rate, while short-term gains or ordinary income are taxed at individual rates. 

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Selling of Mutual Funds

When determining your capital gain or loss for selling a mutual fund, be sure to add in all of the already taxed items (reinvested interest, dividends, capital gain distributions, and sales charges) to the original cost basis.  This in turn will decrease the amount of capital gains or increase the amount of deductible capital losses.

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December

Sale of Principal Residence

When selling a principal home, the gain can be excluded from income if it was owned and occupied by you as a principal residence for two or more years out of a five-year period.  However if unable to take the above exclusion, partial exclusion may allowed if the home was sold due to a change in place of employment, health reasons, or unforeseen reasons.

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Retirement Contributions

 Even if a deduction or credit isn’t received for your retirement plan contribution, a tax savings is still obtain because the income or gain that is realized in the retirement plan will be tax deferred.  A desirable result is still achieved by having the retirement plan’s income or gain grow on a tax-deferred basis over a long period of time.

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Traditional IRA Distributions  

Distributions from a traditional IRA are not subject to the 10% tax on early withdrawals is the amount is used to 1) pay qualified higher education expenses, 2) pay expenses incurred for qualified first-time home buying expenses ($10,000 lifetime limit), and 3) to purchase health insurance of an unemployed individual if proper conditions are met.

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Funding Keogh Plans

Keogh plans and some other types of retirement plans must be established by the end of your tax year.  However, the Keogh plan may be funded for the prior year up to the due date of your return for that year, including extension filings. 

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2006 - January

401K Plan 

It is important to be aware of the tax consequences of an outstanding 401k plan loan balance if you are planning on leaving your employer.  If your loans are not paid off by the termination of employment, prior to you rolling over your plan proceeds into some other plan, your employer will reduce or offset your vested 401k plan benefit by the unpaid balance of the loan.  The offset is considered a distribution of funds, which is required to be included in your gross income, along with a early withdrawal penalty unless other exceptions are met.

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Underpayment Penalties for Retirees  

There is an exception form the estimated tax rules for some newly retired retirees.  If you retire after the age of 62, you can apply for relief from underpayment penalties if the underpayment results from reasonable cause and not due to willful neglect.  This relief is available only in the year of retirement or in the proceeding tax year.

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Umbrella Insurance

Umbrella liability insurance is designed to supplement the liability coverage provided by homeowners and automobile insurance policies.  When purchasing an umbrella liability policy, it is recommended that the policy limits should be at least equal to your net worth to provide adequate protection.

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Maximizing Estate Tax Savings

Instead of leaving everything to your spouse, the use of a marital deduction trust and a non-marital trust will often maximize estate tax savings.  The non-marital trust provides the surviving spouse with needed income during their life.  However, because the survivor lacks control over that trust, the assets are not included in their estate upon death.  On the other hand, the marital deduction trust provides the survivor with the bulk of the funds needed during life.  If planned correctly, the two trusts will help ensure that the liability for estate taxes is minimized.

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