Archive for the ‘Changes- 2009’ Category

Do You Need to Amend Your Return?

by P. Lewis Robinson
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Aug
2

If you forgot to include some income or to take a deduction on your tax return – you can correct it by amending your tax return.

In some cases, you do not need to amend your tax return.  The Internal Revenue Service usually corrects math errors or requests missing forms – such as W-2s or schedules – when processing an original return. In these instances, do not amend your return. (more…)

Five Tax Changes for 2009

by P. Lewis Robinson
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Feb
3

As you get ready to prepare your 2009 tax return, the Internal Revenue Service wants to make sure you have all the details about tax law changes that may impact your tax return.

Here are the top five changes that may show up on your 2009 return.

1. The American Recovery and Reinvestment Act

ARRA provides several tax provisions that affect tax year 2009 individual tax returns due April 15, 2010. The recovery law provides tax incentives for first-time homebuyers, people who purchased new cars, those that made their homes more energy efficient, parents and students paying for college, and people who received unemployment compensation.

2. IRA Deduction Expanded (more…)

Can 2009 required minimum distributions (RMDs) that were received and were not required be undone?

by P. Lewis Robinson
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Oct
27

The 2009 required minimum distributions (RMDs) from plans and IRAs was suspended by the passage of the Worker, Retiree and Employer Recovery Act of 2008 (WRERA).

Even though the RMDs were suspended for 2009, some people received them anyway. In general, when a taxpayer receives a distribution from a qualified retirement account or an IRA, that distribution is eligible for rollover to another retirement account within 60 days of the receipt of the funds.

Can they be undone?

  1. For those who realized the situation within 60 days, the answer was to simply roll the funds back to an IRA or plan (providing they were eligible) and eliminate the tax bill.
  2. If the 60 day window has expired, the Internal Revenue Service released Notice 2009-82 which grants many IRA owners and plan participants an extension to roll over certain distributions.
  3. The extension is available until the later of November 30, 2009 or until 60 days have passed from the receipt of the distribution
  4. Those who took early distributions, distributions as part of a 72(t) payment plan and normal distributions (after 591⁄2 but before they were required) are unaffected by this Notice.
  5. The IRS relief provision only applies to IRA owners and plan participants who were subject to RMDs in 2009, and not to non-spouse beneficiaries.
  6. “However, because of the one-rollover-per-year rule in § 408(d)(3), which was unchanged by WRERA, no more than one distribution from an IRA in 2009 will be eligible for this rollover relief.”
  7. Only one 60-day rollover per year (12 months) is allowed from each of a taxpayer’s IRAs to another IRA. A rollover occurs when funds are distributed from the IRA, payable to the owner, and then are contributed to another IRA within 60 days.

Applicable Federal Rates for November

by P. Lewis Robinson
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Oct
20

Click for link to Federal Applicable Rates for November, 2009

9/21/09 – 15 Year Writeoff for Leasehold Improvements, Restaurant Property, and Retail Improvements Property Bought and Placed in Service This Year

by P. Lewis Robinson
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Sep
22

Under Code Sec. 168(e)(3)(E), qualified leasehold improvements, qualified restaurant improvements, and qualified retail improvement property placed in service before January 1, 2010 may be written off over 15 years via straight line. Unless Congress acts, the generally applicable writeoff period for these improvements will revert to 39 years for property placed in service after 2009.

7/6/09 – Tax Breaks That Are Set to Expire in 2009

by P. Lewis Robinson
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Jul
6
You may have heard the expressions “make hay while the sun shines” or “strike while the iron is hot.” These old proverbs are particularly relevant to current tax laws. More and more often, Congress is enacting tax breaks on a temporary basis, creating “limited time only” offers.
 
Some of these temporary breaks may eventually be extended by Congress; others may not. Where practical, you may want to take advantage of the breaks while they are available. 
 
To help get you started, here are a few breaks that are currently set to expire in 2009.
 
If you claim the standard deduction for 2009, you may also claim an additional deduction for real estate property taxes.

 

Whether you claim the standard deduction or itemize your deductions for 2009, you can deduct the sales tax you pay on a car or truck purchased by December 31, 2009 (the deduction is phased out if your income is too high).

 

If you itemize your deductions for 2009, you can choose to deduct state and local sales taxes instead of claiming a deduction for state income taxes.

 

If you buy a principal residence by December 1, 2009 and haven’t owned a home during the prior three years, you are entitled to a tax credit of up to $8,000 (but again, there is a phase-out if your income is too high).

 

If you are age 70½ or over and own an IRA, you don’t have to withdraw any funds from your IRA in 2009 unless you wish to.

 
There are other breaks scheduled to expire in 2009 and still others will expire in 2010. If you would like more information, please contact us.

06/15/09 – Built-In Gains Period Reduced by 2009 Economic Recovery Act

by P. Lewis Robinson
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Jun
15

The built-in gains tax applies the highest corporate tax rate (currently 35%) when a C Corporation elects to become an S Corporation, which absorbs “built-in gains” into its income.  Built-in gains are items for which a former C Corporation had accrued an economic benefit when it became effective as an S Corporation.  Typically, property and any other appreciated items contribute to built-in gains.  For example, if a corporation owned a piece of land worth $200,000 when it became an S Corporation, and the land had a basis of $120,000, the built-in gain would be $80,000.
 
Generally the built-in gains period extends to the corporation’s first 10 years as an S Corporation.  Therefore, companies often avoid selling any items subject to the built-in gains tax until the ten year period has expired.  However, the 2009 Economic Recovery Act has reduced the period to seven years for the 2009 and 2010 tax years.  Essentially, companies that became S Corporations in 2002 and 2003 will no longer be subject to the built-in gains tax in 2009 and 2010, respectively.

3/2/09 – Reduced Estimated Tax Burden in 2009 for Individuals With Small Businesses

by P. Lewis Robinson
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Mar
2

To the extent that tax isn’t collected through withholding, taxpayers generally are required to make quarterly estimated payments of tax, in an amount determined by the required annual payment. The required annual payment is the lesser of 90% of the tax shown on the return or 100% of the tax shown on the return for the prior tax year. However, under Code Sec. 6654(d)(1)(C) , the prior-year percentage is 110% if adjusted gross income (AGI) for the preceding year exceeded $150,000). An underpayment results if the required payment exceeds the amount (if any) of the installment paid on or before the due date of the installment.  

The period of the underpayment runs from the due date of the installment to the earlier of (1) the 15th day of the fourth month following the close of the tax year or (2) the date on which each portion of the underpayment is made. If a taxpayer fails to pay the required estimated tax payments under the rules, a penalty applies, determined by applying the underpayment interest rate to the amount of the underpayment for the period of the underpayment. The penalty for failure to pay estimated tax is the equivalent of interest, which is based on the time value of money.  
Taxpayers are not liable for a penalty for the failure to pay estimated tax in certain circumstances (e.g., for U.S. persons who did not have a tax liability the preceding year; if the tax shown on the return for the tax year (or, if no return is filed, the tax), reduced by withholding, is less than $1,000; or the taxpayer is a recently retired or disabled person who satisfies the reasonable cause exception).  
New law. Effective on Feb. 17, 2009, the Recovery Act provides that notwithstanding Code Sec. 6654(d)(1)(C) , for any tax year beginning in 2009, in computing the amount of the required annual installments of estimated income tax of any qualified individual, “required annual payment” means the lesser of (1) 90% of the tax shown on the return for the tax year, or (2) 90% of the tax shown on the return of the individual for the preceding tax year. ( Code Sec. 6654(d)(1)(D) , as amended by Act Sec. 1212; Committee Report)  
A qualified individual means any individual if the AGI on the tax return for the preceding tax year is less than $500,000 ($250,000 if married filing separately) and the individual certifies that at least 50% of the gross income shown on the return for the preceding tax year was income from a small trade or business. For estates and trusts, AGI is determined under Code Sec. 67(e) . A small trade or business is one that employed no more than 500 persons, on average, during the calendar year ending in or with the preceding tax year. ( Code Sec. 6654(d)(1)(D) )    © 2009 Thomson Reuters/RIA. All rights reserved 

2/23/09 – Key Tax Changes in the American Recovery & Reinvestment Act of 2009

by P. Lewis Robinson
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Feb
23
(If you would like additional details in regard to any of the changes below, send me an e-mail at plrcpa@bellsouth.net and I will respond to your question.)
 
Tax breaks for business:
  • Extended bonus depreciation and increased expensing for 2009
  • Longer NOL carrybacks for some businesses
  • Deferral on debt discharge income from reacquisitions of debt
  • Capital gains tax for holders of qualified small business stock
  • Shortened S Corporation built-in gain holding period
Tax breaks for individuals:
  • A refundable tax credit of up to $400 per worker ($800 per couple filing jointly) phasing out completely at $190,000.00 for couples filing jointly and $95,000.00 for single filers
  • Eased child tax credit and earned income tax credit rules
  • Beefed-up tax credit for higher education
  • Enhanced credit for first-time home purchases with the removal of the repayment requirement. This is for houses purchased after December 31, 2008. Purchases on or after April 9, 2008 and before January 1, 2009 continue to be governed by the original first-time home buyers credit enacted last year
  • A tax deduction for state sales and excise taxes paid on the purchase of new cars, including light trucks and SUVs, motorcycles and motor homes
  • A 65% subsidy for COBRA premiums for up to nine months.
  • Boosts AMT exemption amounts for individuals for 2009; also provides that for 2009, personal nonrefundable credits may offset AMT and regular tax
  • Interest on qualifying private activity bonds issued in 2009 or 2010 is not treated as an AMT preference (nor is there an ACE adjustment for interest on tax-exempts issued in 2009 or 2010).
Energy incentives:
  • These include a three-year extension of the Production Tax Credit (PTC) for electricity derived from wind (through 2012) and for electricity derived from biomass, geothermal, hydropower, landfill gas, waste-to-energy, and marine facilities (through 2013)
  • Extension through 2010 and expansion of tax credits for home energy efficiency for purchases such as new furnaces, energy-efficient windows and doors, or insulation
  • A tax credit of up to $5,000 for families that purchase plug-in hybrid vehicles
  • A new manufacturing investment tax credit for investment in advanced energy facilities, such as facilities that manufacture componenets for the production of renewable energy, advanced battery technology, and other innovative next-generation green technologies

1/26/09 – Tax Changes for 2009: Part 1

by P. Lewis Robinson
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Jan
26
Each year the IRS updates various tax rates to account for cost of living adjustments and inflation.  The following table reflects the new standard deduction amounts for 2009, as well as the new personal exemption amount.  Stay tuned for additional tax changes taking effect in 2009.
 

Filing Status

Standard Deduction

Additional Amount if Blind

Additional Amount if age 65+

Single

$5,700

$1,400

$1,400

Head of  Household

$8,350

$1,400

$1,400

Married Filing Jointly

$11,400

$1,100

$1,100

Married Filing Separately

$5,700

$1,100

$1,100

Qualifying Widow/Widower

$11,400

$1,100

$1,100

Dependent*

$950 – $5700

N/A

N/A

*Dependents must calculate their standard deduction using an IRS Worksheet.
 
Personal Exemptions = $3,650 per taxpayer & dependent