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

Certified Public Accountants

 

 

Tax Tip for November 2010

Year-End Tax Planning - 2010

The 4th quarter is the ideal time to consider recent tax law changes and to discuss year-end tax planning strategies. We try to provide this tax planning letter early enough for you to take action prior to year-end. The challenge this year is that Congress still has some very important decisions to make on many tax provisions that expired at the end of last year, or will expire at the end of 2010.

Some of the tax provisions that expired at the end of 2009 that have yet to be extended include the sales tax deduction, the additional standard deduction for real estate taxes, alternative minimum tax ‘patch’, tuition deduction, tax-free unemployment benefits, and charitable donations from IRAs.
In addition, Congress must decide whether to extend the Bush tax cuts for some or all taxpayers. These and other Bush-era tax rules expire at the end of this year. Without Congressional action, individuals will face higher tax rates on their income, including long-term capital gains (“LTCG”). Also, unless Congress changes the rules, the estate tax, which isn't in effect this year, will return next year with a 55% top rate.


That being said, we have compiled a list of actions that can help you save tax dollars if you act before year-end. Not all actions will apply to your particular situation, but you will likely benefit from many of them.


• Place new business equipment, machinery and furniture in service before year-end to take advantage of the Section 179 expensing rules. The maximum amount you can expense for 2010 is $500,000 of the cost of qualifying property placed in service.


• Individuals with large gains in investment assets held in nonqualified accounts (i.e. not a retirement account or annuity) should consider selling before the end of 2010 to lock in this year's maximum LTCG rate, which may be lower than next year's rate. For 2010, LTCG are taxed at a maximum rate of 15%. By contrast if the Bush tax cuts expire, LTCG will be taxed at a maximum rate of 20%. Before selling investments you should consult with your investment advisor.


• Lock in capital losses. If you are holding onto investments in nonqualified accounts that have lost value since original purchase, consider selling before year-end to capture the capital losses for tax purposes. You are allowed to buy back the same securities as long as you wait at least 31 days. Before selling investments you should consult with your investment advisor.


• Make energy saving improvements to your main home, such as putting in extra insulation or installing energy saving windows or buying and installing an energy efficient furnace, and qualify for a 30% tax credit. The total (aggregate) credit for energy efficient improvements to the home in 2009 and 2010 is $1,500. Unless Congress acts, this tax break won't be around after this year.


• Consider converting your traditional IRA into a Roth IRA. Distributions from a Roth IRA can be tax-free, but the conversion is taxable. However, for 2010 conversions only, you can either (1) pay the tax on the conversion with your 2010 return, or (2) pay half the tax on the conversion with your 2011 return and the other half with your 2012 return.

 
• Take required minimum distributions (“RMD”) from your IRA (or 401(k), etc.) if you have reached age 70 1/2. Failure to take a required withdrawal can result in a penalty of 50% of the amount not withdrawn. A temporary tax law change waived the RMD requirement for 2009 only, but the usual withdrawal rules apply in full force for 2010.

 
• For college costs, the American Opportunity Credit is set to expire at the end of 2010. This provides a credit of up to $2,500 per student. For the full credit, you’ll need to spend at least $4,000 on qualified expenses, and have adjusted gross income of less than $80,000 ($160,000 if married filing jointly (“MFJ”)). If you haven’t already met the $4,000 limit, consider prepaying tuition or buying textbooks for spring classes before the end of the 2010.

• Arizona School Tax Credits. Qualifying contributions made before December 31, 2010 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 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.

New Arizona 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, 2011 and April 15, 2011 could be used as a tax credit on either your 2010 or 2011 Arizona income tax return.

• 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.

• 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.

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.
 

                                             

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  Mike Patinella, CPA

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Last modified: November 19, 2010