4. Business: Expired as of 12/31/2011
100% bonus first-year depreciation allowance for qualified property
Section 179 expensing
Increased $500,000 expensing election under Code Sec. 179, with
$2 million investment ceiling
Expired for leasehold-improvement, restaurant and retail-
improvement property
Shortened recovery period of 15 years for specialized realty assets,
including qualified leasehold improvement property, qualified restaurant
property, and qualified retail improvement property
Lower shareholder basis adjustments for charitable contributions by S
corporations
Reduced S corporations recognition period for built-in gains tax
4
5. Business: Expired as of 12/31/2011
Research credit under Code Sec. 41(h)(1)(B)
Various other credits including:
o Work opportunity tax credit (WOTC) for non-veterans under Code
Sec.51(c)(4),
o Credit for construction of new energy efficient homes under Code
Sec.45L
5
6. Business: Expiring as of 12/31/2012
Bonus Depreciation
o The 50% bonus first-year depreciation for assets placed in service
from January 1, 2012, through December 31, 2012
o Qualified assets include any new tangible property with a recovery
period of 20 years or less, computer software or qualified
leasehold improvements
No bonus depreciation after December 31, 2012
6
7. 7
Section 179 expensing election
Allows you to deduct rather than depreciate
asset purchases
o Deduct up to $139,000 of purchases
o Deduction phases out dollar-for-dollar when 2012 asset
purchases exceed $560,000
o Only Section 179 expensing can be applied to used assets
o If asset purchases exceed phaseout threshold (or your
income), consider 50% bonus depreciation
TIP: The expensing limit and phaseout threshold have dropped from
their 2011 levels of $500,000 and $2 million, respectively. For 2013,
these amounts are scheduled to drop again, to $25,000 and $200,000.
If possible, purchase assets before year end.
8. Vehicle-related tax breaks
Deduct out-of-pocket expenses (fuel, insurance,
depreciation, etc.) or mileage
o 55.5 cents per mile for 2012
Purchases of new or used vehicles may be eligible for
Sec. 179 expensing
New vehicles may be eligible for bonus depreciation
Depreciation limit is $3,160 for autos placed
in service in 2012
o Increased by $8,000 for autos eligible
for bonus depreciation
Additional rules and limits apply
8
9. Business: Expiring as of 12/31/2012
The temporary payroll tax cut will no longer apply. The two percentage
point cut in employee OASDI tax under FICA (from 6.2% to 4.2%)
9
10. Individuals: Expired as of 12/31/2011
State and local sales tax deduction
IRA charitable distribution
AMT patch
Personal credits allowed against regular tax & AMT tax
$250 Educator expense
Mortgage insurance premiums as interest
$4000 Above the line deduction for qualified tuition and related expenses
100% Exclusion of gain from sale of certain small business stock
10
11. Individuals: Expiring as of 12/31/2012
Temporary payroll tax cut
Increase of 15% rate bracket for MFJ
Reduced capital gains rate
Reduced income tax rates
Qualified dividend rate
10% Income tax rate
11
12. Individuals: Expiring as of 12/31/2012
Liberalized child and dependent care credit rules
American opportunity tax credit
Refundable credit for prior year AMT
Increased standard deduction for MFJ
Repeal of limit on itemized deductions
Repeal of personal exemption phase outs
12
13. New Taxes 2013 and Beyond
3.8% Medicare tax on unearned income
.9% Additional Medicare tax
Higher threshold for itemized medical expense deductions
13
14. AMT Triggers
State and local income tax deductions
Real estate and personal property tax deductions
Miscellaneous itemized deductions subject to 2% of AGI floor
Long-term capital gains and dividend income
Accelerated depreciation adjustments and related gain or loss
differences when assets are sold
Tax-exempt interest on certain private-activity municipal bonds
Incentive stock option exercises
14
15. Avoiding AMT or reducing its impact
Planning for AMT will be a challenge
until Congress passes long-term relief
AMT system isn’t regularly adjusted
for inflation
Congress legislates adjustments,
typically as a “patch”
15
16. What to consider doing
If subject to AMT this year
o Accelerate income and short-term capital gains into 2012
o Defer expenses you can’t deduct for AMT purposes until 2013
o Defer expenses you can deduct for AMT purposes to 2013
If subject to AMT next year
o Defer income until 2013
o Prepay in 2012 expenses you can’t deduct for AMT purposes
o Sell private activity municipal bonds whose interest
could be subject to the AMT before year end
16
17. Timing of income and expenses is key
Smart timing can reduce your tax liability
Poor timing can unnecessarily increase it
Tax rates are scheduled to rise in 2013
17
18. Estate/Gift Taxes: 2012
Estate and Generation Skipping Transfer Tax
Highest Rate 35%
Exemption $5,120,000
Gift Tax
Highest Rate 35%
Exemption $5,120,000
18
19. Estate/Gift Taxes: 2013
Estate and Generation Skipping Transfer Tax
Highest Rate 55%*
Exemption $1,000,000
Gift Tax
Highest Rate 55%*
Exemption $1,000,000
* A 5% surtax applies to estates of $10,000,000 until approximately
$17,000,000
19
21. 21
Gift tax
Gifts to spouse are tax-free under marital deduction
Gift tax follows estate tax exemption and
top rate for 2012
o Any gift tax exemption used during life reduces
estate tax exemption available at death
Exclude certain gifts of up to $13,000 per recipient
o $26,000 per recipient if your spouse splits gift with you
or you’re giving community property
o Scheduled to increase to $14,000 in 2013
22. 22
2012 may be the year to make large gifts
o Potentially lock in the record-high $5.12 million gift tax exemption
while it’s available
o “Clawback” could reduce the tax advantages, but many experts
believe this is unlikely
o Remove future appreciation from your taxable estate
TIP: Be sure to retain sufficient assets
to maintain your desired lifestyle.
Tax-smart giving
23. Tax-smart giving
Consider estate and income tax effects of gifts
o To minimize your estate tax, gift property with
greatest future appreciation potential
o To minimize your beneficiary’s income tax, gift property
that hasn’t appreciated significantly since you’ve owned it
o To minimize your own income tax, sell property that has
declined in value to take the tax loss and then gift the sale proceeds
23
24. Tax-smart giving
Plan gifts to grandchildren carefully
o Annual exclusion gifts are generally exempt
from GST tax
o For gifts that don’t qualify for the exclusion
to be entirely tax-free, apply both your
GST tax exemption and gift
tax exemption
24
25. Gift interests in your business
o Leverage gift tax exclusions and exemption by
gifting ownership interests
May be eligible for valuation discounts
25
TIP: The IRS may challenge the value, so
a professional appraisal is strongly recommended.
Tax-smart giving
26. Administration’s 2013 Proposals
Individual Income Tax
Possible limitations on itemized deductions
Retain current rates for taxpayer with income below $250,000 (joint
returns)
Allow rates to rise to pre-Bush era tax rates for those with income in
excess of $250,000.
o 39.6% highest rate (including dividends)
o 20% capital gain rate
“Buffett rule” – taxpayers with over $1 million of income subject to 30%
effective tax rate.
26
27. Administration’s 2013 Proposals
Estate & Gift Tax
ESTATE TAX
Exemption of $3,500,000
Top rate – 45%
GIFT TAX
Exemption of $1,000,000
Top rate – 45%
27
28. Administration’s 2013 Proposals
Business Taxes
Broaden base to cut corporation tax rate to 28%
Simplify small business tax filings, allow up to $1 million expensing of
investments, and wider use of cash basis of accounting
Provide manufacturing incentives, including R&D for domestic
manufacturers.
Repeal the last-in, first-out (LIFO) accounting method for inventories
Various changes to the international tax provisions
Repeal of various oil and gas incentives
Taxing carried interest as ordinary income
28
29. 2012 Year End Planning
Business Taxes
Consider acquiring automobiles, fixed assets, plant and equipment by
year end to take advantage of expiring accelerated deductions.
Consider dividends from C corporations (or S corporations with earnings
and profits) to take advantage of lower dividend rate.
Consider taking money out of the business by way of a stock
redemption. The buy-back may yield long-term capital gain or a dividend,
depending on a variety of factors.
Increase your basis in a partnership or S corporation if doing so will
enable you to deduct a loss from it this year.
29
30. 2012 Year End Planning
Gift Taxes
Consider gifts to maximize the current $5,120,000 exemption.
30
31. 2012 Year End Planning
Individual Taxes
Consider “mining” capital gains to lock in tax at 15% bracket.
Consider “electing out” of installment sales.
Consider investment strategies to reduce impact of new 3.8% surtax in
2013 (for example, use of tax free bonds).
Consider IRA conversion to ROTH IRA to take advantage of lower tax
rates.
Consider timing of required minimum distribution from IRA/Pension
accounts to reduce impact of new 3.8% surtax if turning 70 ½ in 2012.
If possible, accelerate home sales that are taxable into 2012 to take
advantage of lower capital gains rate and reduce impact of 3.8% surtax.
31
32. Please contact us for assistance:
610.668.4200
www.isdanerllc.com
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Hinweis der Redaktion
Business-related vehicle expenses can be deducted using the actual-cost method, which includes total out-of-pocket expenses for fuel, insurance and repairs, plus depreciation. Or you can use the mileage-rate method, which is 55.5 cents per business mile driven in 2012.Purchases of new or used vehiclesmay be eligible forSection 179 expensing, and purchases of new vehicles may be eligible for bonus depreciation. However, many rules and limits apply. For example, under Section 179 expensing, you can deduct up to $25,000 of the purchase price of an SUV that weighs more than 6,000 pounds but no more than 14,000 pounds. For autos placed in service in 2012, the depreciation limit is $3,160. The limit is increased by $8,000 for autos eligible for bonus depreciation. The depreciation limit is reduced if the business use is less than 100%. And if business use is 50% or less, you can’t use Section 179 expensing, bonus depreciation or the accelerated regular MACRS; you must use the straight-line method.
With proper planning, you may be able to avoid the AMT,reduce its impact, or even take advantage of its lower maximum rate. Unfortunately, planning for the AMT will be a challenge until Congress passes long-term relief.Unlike the regular tax system, the AMT system isn’t regularly adjusted for inflation. Instead, Congress must legislate any adjustments. In the past, it has done so in the form of a “patch,” which is mainly an increase in the AMT exemption. As of now, such a patch is in effect for 2011, but not for 2012. This means that if Congress doesn’t take action, there’s a greater chance you could be subject to the AMT for 2012.
If you think you might be subject to the AMT in 2012, consider accelerating income and short-term capital gains into this year, which may allow you to benefit from the lower maximum AMT rate. Also consider deferring expenses you can’t deduct for AMT purposes until next year — you may be able to preserve those deductions. In addition, if you defer expenses you can deduct for AMT purposes to next year, the deductions may become more valuable because of the higher maximum regular tax rate. On the other hand, if you think you might be subject to the AMT in 2013, take the opposite approach. Defer income to 2013, because you’ll likely pay a lower AMT rate. And prepay expenses that will be deductible this year but that won’t help you next year because they’re not deductible for AMT purposes. Finally, before the end of the year consider whether you should sell any private activity municipal bonds whose interest could be subject to the AMT.Confused? I don’t blame you if you are. It’s a very confusing tax system. Fortunately, we’re here to help you. So talk to me or one of my colleagues after the seminar.
Smart timing of income and expenses can reduce your tax liability, and poor timing can increase it. For example, if you don’t expect to fall victim to the AMT this year or next, consider deferring income to 2013 and accelerating deductible expenses into 2012. This will allow you to defer tax, which is usually a good thing. But if you think you’ll be in a higher tax bracket next year, you might want to take the opposite approach. Also keep in mind that the top 35% ordinary-income tax rate is scheduled to return to its pre-2001 level of 39.6% in 2013. (Rates for most other brackets are also scheduled to go up.)To help ensure you can enjoy this year’s lower income tax rates, consider accelerating income into 2012 where possible.And you may want to defer deductible expenses to 2013, because they’ll provide a greater tax savings if tax rates are higher. But, keep in mind whether such actions could trigger the AMT.
First, you must consider the estate and income tax effects and the economic aspects of any gifts you’d like to make. For example, to minimize your estate tax, give away property with the greatest future appreciation potential — you’ll keep that appreciation out of your taxable estate. To minimize your beneficiary’s income tax, give property that hasn’t already appreciated significantly since you’ve owned it. With gifts, your tax basis carries over to the recipient. So, if you gift highly appreciated assets, the recipients could owe significant capital gains tax even if they sell the assets shortly after receiving them. On the other hand, if recipients are in the 10% or 15% tax bracket, giving them highly appreciated assets could be beneficial because of the 0% rate.And if you want to minimize your own income tax, don’t gift property that has declined in value. Instead sell it, so you can take the tax loss and then gift the sale proceeds.
Also, take special care when planning gifts to your grandchildren. Annual exclusion gifts are generally exempt from the GST tax, so they also help you preserve your GST tax exemption for other transfers. For gifts that don’t qualify for the exclusion to be completely tax-free, you generally must apply both your GST tax exemption and your gift tax exemption.
If you own a business, you can leverage your gift tax exclusions and exemption by gifting ownership interests. The ownership interests may be eligible for valuation discounts. So, for example, if the discounts total 30%, in 2012 you can gift an ownership interest equal to as much as $18,571 tax-free because the discounted value doesn’t exceed the $13,000 annual exclusion. Be forewarned, though: The IRS may challenge the value, so we strongly advise that you seek a professional appraisal.