Monday, December 29, 2014

Biggest Tax Breaks Extended for 2014

Biggest Tax Breaks Extended for the Middle Class!
 
A last minute deal was recently passed by Congress to extend dozens of expired tax breaks affecting millions of Americans.  The Tax Increase Prevention Act of 2014 includes more than 50 tax breaks, most of which expired at the end of 2013. The bill is retroactive so it covers the entire tax year 2014.

Five of the biggest tax breaks for individuals included in the Tax Increase Prevention Act of 2014 are as follows:
 
1. Teachers’ Classroom Expense Deduction
This extension is relatively small in the overall economic picture, but it affects millions of teachers who pay taxes. The teachers’ classroom expense deduction allows primary and secondary education professionals (grades K-12, including school administrators and assistants) to deduct above-the-line qualified expenses. You can deduct up to $250 ($500 if married filing joint and both spouses are educators, but not more than $250 each) of any unreimbursed expenses you paid or incurred for books, supplies, computer equipment (including related software and services), other equipment, and supplementary materials that you used in the classroom.
In order to qualify, you need to work at least 900 hours a school year in a school that provides elementary or secondary education as determined under state law. For courses in health and physical education, expenses for supplies are qualified expenses only if they are related to athletics.

2. Tuition and Fees Deduction

This tax break is still available to taxpayers for 2014, even if they don’t itemize. It allows for the deduction of qualified tuition and fees for post-secondary education, such as college and graduate school. The maximum deduction is $4,000 for taxpayers with AGI not exceeding $65,000 ($130,000 for a joint return), $2,000 for taxpayers with AGI $65,000 to $80,000 ($130,000 to $160,000 for joint filers), and $0 for other taxpayers. Under regulations, expenses paid by year-end for an academic term starting on or before March 31 of the following year qualify for the deduction in the year paid.
Qualified expenses you pay for yourself, your spouse, or your dependents are eligible for this deduction. Please note that you cannot take this deduction for room and board expenses or optional fees. Course-related books and supplies are also not eligible unless you are required to purchase them as a condition of enrollment or attendance. Furthermore, you are not allowed to deduct qualified education expenses for a student on your income tax return if you or anyone else claims an American Opportunity or Lifetime Learning Credit for that same student in the same year.
 
3. Residential Energy Credit

Incentives for energy conservation expired at the end of 2013, but the extension of Code Sec. 25C provides a nonbusiness tax credit to people who made qualified energy efficiency improvements to residential property. Examples of qualified property are improvements such as adding insulation, energy efficient exterior windows, and energy efficient heating and air conditioning systems. A tax credit is also available for the construction of new energy-efficient homes.
Some energy tax benefits were not extended. The plug-in electric vehicle credit and energy-efficient appliance credit were left behind.
 
4. State and Local Sales Tax Deduction
If you itemize your taxes, this extension allows you to deduct state and local sales taxes you paid in lieu of state income taxes. However, this deduction is not only potentially beneficial to taxpayers in states without an income tax. As Dixon Hughes Goodman notes, taxpayers who made a big ticket purchase in 2014, such as a motor vehicle before year-end could benefit by weighing the deduction for state and local general sales taxes against their deduction for state and local income taxes.
 
5. Mortgage Debt Forgiveness

Although a lender might be willing to forgive debt you owe when you sell your home for less than what’s left on the mortgage, the IRS typically treats this cancellation of debt as income. Under the tax extension bill, cancellation of mortgage debt on a principal residence of up to $2 million ($1 million for a married taxpayer filing separately) will be excluded from income for 2014. This includes foreclosures, short sales, or loan modifications.
 
Thanks to Eric McWinnie for some of the layout of this article.

Friday, December 26, 2014

What happens when a Trust distrubutes income?

A trust is a separate legal entity for income tax purposes, and must file its own tax forms. A trust that is required to distribute all its income currently is considered a simple trust; otherwise the trust is a complex trust.
A trust figures its income and deductions much in the same way that an individual figures his or her income for tax purposes with one major difference. A trust is allowed a deduction for income distributed to beneficiaries. The income distribution deduction is figured by completing Schedule B of Form 1041. The beneficiary, not the trust, pays the income tax on the taxable amount of the distributions.
Generally, if an amount is distributed from a trust, that amount is considered to come out of current-year income first, then from accumulated capital or principal. Accumulated capital would be the original contribution, or contributions, to the trust plus all subsequent accumulations (i.e., income in excess of distributions).
Current income is figured under the state law applicable to trusts and the trust's governing document. Generally, the only distinction in accounting income under local law and regular net income would be the treatment of capital gains. If you have capital gains, you need to determine if they're taxable to the trust or the beneficiary.
When you distribute some or all of the trust to your beneficiaries, the income will be taxed to them, and accordingly you will need to complete a Schedule K-1 for them. They will include the K-1 amounts on their individual return. It is hoped they saved some money for taxes. The trust must claim the distribution deduction and pass the tax burden on to the beneficiary.
The full amount distributed is shown on Schedule B and is not required to be shown on the Schedule K-1. All amounts distributed to your beneficiaries or for their benefit are taxable to him to the extent of the trust's income distribution deduction. If you don't have capital gains or alternative minimum tax differences, the two pages of form 1041 and the schedule K-1 would be a complete tax return.



Wednesday, December 17, 2014

Obamacare and the tax implications!

Here is a listing of various tax effects having to do with the Affordable Care Act...
Taxes-
High wage earners, with a $250,000 threshold for married filing jointly, $125,000 for married filing separately, and $200,000 for all others, must pay a Medicare tax of an additional 0.9%, for a total tax of 2.35%. Those with an income of $200,000 or more have this tax withheld at the payroll level during the year, but adjustments are needed once annual income is determined – which can result in additional taxable income.
Also, Medicare tax of 3.8% is assessed on net investment income of high wage earners, which includes passive gross income from interest, dividends, royalties, rents, annuities, gross income derived from a trade or business, and gain attributable to the disposition of property.

More tax effects....Itemized deductions on Schedule A of Form 1040, which expands the medical expense deduction from 7.5 to 10% for those under age 65.  Further, Flexible Spending Accounts (FSA) have been capped at $2,500. If you sponsor one of these plans you must have all document amendments in place by the end of 2014.

For small businesses (and non profits)
The small business health care credit is available to employers with 25 or fewer full-time equivalents (FTEs) with wages averaging less than $50,000 per year. The employer must pay at least 50% of these employees’ health insurance costs. In 2014, the credit is 50% for for-profit entities and 35% for tax-exempt employersand it is only available if the insurance is purchased through the Marketplace. Tax returns can be amended for previously missed credits.

Individual mandate
The individual mandate is in effect. Those without health insurance coverage will pay a penalty, which in 2014 is the greater of either $95 or 1% of modified adjusted gross income and $47.50 per dependent under the age of 18. For families this can result in a maximum 2014 penalty of $285. For 2015 and 2016, the amounts are $325 or 2% of income and $695 or 2.5% of income respectively. The maximum penalty is equivalent to the national average premium for a bronze plan on the Marketplace.

Employer mandate updates
The U.S. Treasury Department issued an update that gives mid-sized employers an additional year before the employer mandate takes effect. Employers with 50 to 99 FTEs now have until January 2016 to offer health insurance or pay a penalty.
The employer mandate still applies to employers with 100 or more FTEs. These employers must offer insurance effective Jan. 1, 2015 or pay a penalty. The percentage of FTEs required to be covered has been reduced to 70% for 2015, but will increase to 95% in 2016.
Part-time and variable hour employees are converted to FTEs in order to determine how many employees a company has under the employer mandate. Calculated on monthly hours, the formula is the total working hours of all FTEs for a month divided by 120. Seasonal employees with less than 120 days a year can be excluded. Employers who already offer affordable coverage need to consider that variable hour part-time employees could transition to a FTE and be eligible for coverage. Measurement periods under ACA regulations should be utilized to consider both variable hour employees as well as the overall employer mandate.

Obamacare Fees
If your client sponsors a fully insured health plan, the health insurance carrier is required to pay the Patient Centered Outcomes Research Institute (PCORI) fee directly. However, if your client self-funds their health plan, they were required to pay the $2 fee by July 31, 2014 on Form 720. With annual fee increases, there is a sunset provision for plan years ending Oct. 1, 2019.
If your company has an FSA that isn’t affiliated with a medical program, this account is considered to be self-funded and could be subject to PCORI fees for employees. Health reimbursement arrangements should be integrated with health insurance, and are still considered self-funded for the PCORI fee requirement.
Reinsurance fee due in January 2015
Sponsors of self-funded health insurance plans should have reported the number of people covered by their plans to the Department of Health and Human Services for the 2014 plan year by Nov. 15, 2014. This includes employees, spouses and dependents covered under the plan.
The IRS has specified four specific counting methods for this purpose: Actual count, Snapshot dates, Snapshot factor, Form 5500 method.
Pay.gov is the reporting site for employers to report their count. After reporting, the employer will receive a notice regarding the reimbursement fees due, which will equal $63 per covered life for 2014. The first installment will be due to HHS by Jan. 15, 2015. Fully insured plans will collect these fees through the insurance premiums paid. The reimbursement fee applies to each medical plan sponsored by the employer and must be submitted on a per plan basis.

Implications for 2015 and 2016
New reasons employees can change their health care coverage
With the issuance of IRS Notice 2014-55, there are now two reasons employees covered under a Section 125 plan can change health care options: 1) an employee can cease participation in an employer-sponsored plan in order to enroll in the Marketplace without an otherwise qualified change in status, and  2) variable-hour employees (those who may work less than 30 hours a week but were determined to be full-time during a measurement period and are otherwise enrolled in the employer-sponsored plan) can also cease participation in order to enroll in the Marketplace when their employment status drops below 30 hours a week.
Employers must adopt an amendment allowing these elections on or before the last day of the plan year. For 2014, the amendment must be adopted by Dec. 31, 2015. Participants must be notified of these changes. An election to revoke coverage on a retroactive basis cannot be allowed under any circumstance.

Reporting requirements
Forms 1094-B, 1095-B, 1094-C and 1095-C, for the 2015 plan years will be due to the IRS in 2016. These forms will be used to report:
1) the different types of insurance offered
2) which employees are covered
 and
3) various other details of health plans.
The IRS will use the data to compute both the individual and employer mandates under the ACA. As these reporting forms are detailed and complex (and we might not be bright enough -according to the ACA architect), I recommend employers consult with their benefits professional and accounting specialist before completing them.

Thursday, December 11, 2014

Art Work tax break working through Congress

Original Art work valued at over $1,000 could become exempt from Florida sales taxes.  To be eligible, works can't be numbered, must cost at least $1,000, and be sold by the artist.  HB:89 is the proposed bill and will be voted on in 2015.

Monday, December 08, 2014

Required Mimimum Distributions....

Most Retirees Need to Take Required Retirement Plan Distributions by Dec. 31
 
The Internal Revenue Service today reminded taxpayers born before July 1, 1944, that they generally must receive payments from their individual retirement arrangements (IRAs) and workplace retirement plans by Dec. 31.
Known as required minimum distributions (RMDs), these payments normally must be made by the end of 2014. But a special rule allows first-year recipients of these payments, those who reached age 70½ during 2014, to wait until as late as April 1, 2015 to receive their first RMDs. This means that those born after June 30, 1943 and before July 1, 1944 are eligible for this special rule. Though payments made to these taxpayers in early 2015 can be counted toward their 2014 RMD, they are still taxable in 2015.    
The required distribution rules apply to owners of traditional IRAs but not Roth IRAs while the original owner is alive. They also apply to participants in various workplace retirement plans, including 401(k), 403(b) and 457(b) plans.
An IRA trustee must either report the amount of the RMD to the IRA owner or offer to calculate it for the owner. Often, the trustee shows the RMD amount on Form 5498 in Box 12b. For a 2014 RMD, this amount was on the 2013 Form 5498 normally issued to the owner during January 2014.
The special April 1 deadline only applies to the RMD for the first year. For all subsequent years, the RMD must be made by Dec. 31. So, for example, a taxpayer who turned 70½ in 2013 (born after June 30, 1942 and before July 1, 1943) and received the first required payment on April 1, 2014 must still receive the second RMD by Dec. 31, 2014.
The RMD for 2014 is based on the taxpayer’s life expectancy on Dec. 31, 2014, and their account balance on Dec. 31, 2013. The trustee reports the year-end account value to the IRA owner on Form 5498 in Box 5. Use the online worksheets on IRS.gov or find worksheets and life expectancy tables to make this computation in the Appendices to Publication 590.
For most taxpayers, the RMD is based on Table III (Uniform Lifetime) in the IRS publication on IRAs. So for a taxpayer who turned 72 in 2014, the required distribution would be based on a life expectancy of 25.6 years. A separate table, Table II, applies to a taxpayer whose spouse is more than 10 years younger and is the taxpayer’s only beneficiary.
Though the RMD rules are mandatory for all owners of traditional IRAs and participants in workplace retirement plans, some people in workplace plans can wait longer to receive their RMDs. Usually, employees who are still working can, if their plan allows, wait until April 1 of the year after they retire to start receiving these distributions. See Tax on Excess Accumulations in Publication 575. Employees of public schools and certain tax-exempt organizations with 403(b) plan accruals before 1987 should check with their employer, plan administrator or provider to see how to treat these accruals.