Michael S. Patinella, P.L.L.C.

Certified Public Accountants

 

 

Tax Tip for December 2011

 

Year End Planning - 2011

 

Year-end tax planning will once again be a challenge due to a highly uncertain legislative environment. Before year-end, the Joint Select Committee on Deficit Reduction may issue a report that could include major tax reform for 2012 and beyond. Even if there is no major tax legislation by year-end, next year Congress will have major decisions to make about the post-2012 expiration of the Bush-era income tax cuts, including the current rate schedules, low tax rates for long-term capital gains ("LTCG") and qualified dividends, the expiration of current rules for estate and gift taxation, etc.

That being said, here is a list of actions that can help you save tax dollars if you act before year-end.

bullet

Code Section 179 depreciation & 100% bonus first year depreciation. For businesses, 100% bonus first year depreciation for new machinery, equipment and software is available through year-end. Starting in 2012, the 100% bonus depreciation will be reduced to 50%. Additionally, for qualifying assets bought and placed in service in 2011, Section 179 expensing of up to $500,000 is available; the maximum expensing amount will drop to $139,000 for assets placed in service in 2012.

bullet

Coordinate your tax planning & financial planning strategies. Strategies include harvesting capital losses prior to year-end, recognizing capital gains before year-end to utilize loss carryforwards and to take advantage of the current low LTCG tax rates, and positioning your portfolio in anticipation of the new 3.8% Medicare tax on unearned income (i.e. interest, dividends, nonqualified annuities, etc) which begins in 2013. Before selling investments you should consult with your investment advisor.

bullet

Consider converting all or part of your traditional IRA into a Roth IRA. Distributions from a Roth IRA can be tax-free, but the conversion is taxable. With proper planning you may be able to take advantage of unused lower tax brackets.

bullet

Take required minimum distributions from your IRA (or 401(k), etc.) if you have reached age 70 1/2. Failure to take a required withdrawal will result in a penalty of 50% of the amount not withdrawn.

bullet

Make charitable contributions out of your IRA (if age 70 ½ and older). Expiring at the end of 2011 is the provision that allows taxpayers age 70 1/2 or older to make tax-free distributions directly from IRAs to charitable institutions. This contribution can be as much as $100,000. The use of this technique enables the taxpayer to meet their minimum distribution requirements while simultaneously not increasing adjusted gross income, a key measure for determining limitations of certain deductions like medical expenses, investment related expenses and employee business expenses.

bullet

Make energy saving improvements to your main home, such as adding extra insulation, installing energy saving windows, or installing an energy efficient furnace, and qualify for a 10% tax credit, up to $500. There is a lifetime credit limit of $500 allowed to the taxpayer for all earlier tax years ending after 2005. This tax break won't be around after this year.

bullet

Arizona School Tax Credits. Qualifying contributions made before December 31, 2011 will generate a dollar-for-dollar state tax credit as well as a federal itemized deduction for charitable contributions. Maximum donations to a qualifying private school are $500 ($1,000 if married filing jointly ("MFJ")). Maximum donations to a qualifying public school are $200 ($400 if MFJ). You can take advantage of both of these school tax credits in the same year.

bullet

Special Rule for the Private School Credit: A contribution made by April 15th may be treated for purposes of this tax credit as if it was made on December 31st of the prior year. Thus, a contribution made to a qualifying private school between January 1, 2012 and April 15, 2012 could be used as a tax credit on either your 2011 or 2012 Arizona income tax return.

bullet

Arizona Charitable Tax Credit. Similar to the School Tax Credits, qualifying contributions made before year-end can generate a state tax credit and a federal itemized deduction for charitable contributions. The total available credit is $200 ($400 if MFJ). Contributions made to charities that assist the Working Poor qualify. A list of these charities appears on the ADOR website http://www.azdor.gov under individuals/tax credits/charitable tax credits.

bullet

Arizona Tax Credit for Donations to the Military Family Relief Fund ("MFRF"). Also similar to the School Tax Credits, qualifying contributions made before year-end can generate a state tax credit and a federal itemized deduction for charitable contributions. The total available credit is $200 ($400 if MFJ). To qualify, contributions must be made to the MFRF, and you must receive a receipt from the AZ Dept of Veteran’s Services (which administers the MFRF) stating that the donation qualifies for the credit. Unlike the school & charitable tax credits, unused credits cannot be carried forward.

bullet

New Use Tax reporting requirement.

The Arizona Department of Revenue ("ADOR") recently enacted new law requiring individuals to report "Use Tax" on their individual income tax returns. On November 30th ADOR issued guidance on how the Use Tax will be calculated and reported.

ADOR advises individual taxpayers that Use Tax is due when sales tax (either AZ sales tax or another state’s sales tax) is not paid on purchases made over the Internet, through toll-free numbers, from mail order catalogs, and from out-of-state locations.

The state Use Tax rate is the same as the state sales tax rate, currently 6.6% of taxable purchases. There will be a line on your individual income tax return for reporting your Use Tax liability.

Generally, the same types of items that are subject to sales tax are subject to Use Tax. Use Tax does not apply to items exempt from sales tax, such as prescription medicines, most food items, casual sales between individuals, and items acquired for resale.

You should retain any documentation that shows whether sales tax was already paid on items purchased over the internet, by telephone, through catalogs, or from out-of-state locations.

Here is a link to the ADOR website that includes a Use Tax Factsheet and Pub 610, Use Taxes.

http://www.azdor.gov/News/tabid/74/newsid530/350/Use-Tax-for-Individual-Taxpayers/Default.aspx

Email scams. Please beware that the IRS does not send unsolicited e-mails to taxpayers about their tax accounts. Anyone who receives an unsolicited e-mail claiming to come from the IRS should avoid opening any attachments or clicking on any links. You can forward suspicious e-mails which claim to come from the IRS to a mailbox set up for this purpose, phishing@irs.gov.

The tax planning strategies mentioned in this letter are general suggestions that may not apply to every taxpayer. Please feel free to contact us to discuss your specific tax situation. By doing year-end tax planning now, we can take a proactive approach to reducing your taxes, rather than just being reactive.

 

Contact Information

Electronic mail
 
  Mike Patinella, CPA

mike at patinella dot com

(substitute"@" for "at" and "." for "dot" and remove spaces)

 

The e-mail address is presented in this fashion to help prevent phishing.
Office

Michael S. Patinella, P.L.L.C.

7025 N. Scottsdale Road

Suite 115

Scottsdale,AZ 85253

Phone: (480) 663-6012

Fax: (480) 361-6204

Located one block northof Indian Bend Road on the East side of Scottsdale Road.

view map

 

This website was created by nFLEXion Consulting Services, LLC USA
Copyright © 2001-2010 Michael S. Patinella, P.L.L.C.
Last modified: December 06, 2011