Year End Tax PlanningYear End Tax Planning
Checklist of things to do before the end of 2011.
There are many tax-saving steps that can be taken before the end of this year. Here is a list of the most important actions that should be taken no later than Dec. 31, 2011 to save taxes:
... Realize losses on stock while substantially preserving investment position,
... Convert investment income taxable at regular rates (e.g., interest income) into qualifying dividend income,
... Arrange with employer to defer bonus until 2012,
... Increase basis in S corporation or partnership to make possible a 2011 loss deduction,
... Use credit card to prepay expenses,
... Make energy saving improvements to your home that qualify for tax credits in 2011,
... Pay contested taxes to deduct them this year while continuing to contest them next year,
... Put equipment in service before year-end to qualify for the 100% bonus first-year depreciation allowance,
... Make expenditures qualifying for the $500,000 business property expensing election,
... Settle insurance or damage claim if this will maximize casualty loss deduction,
... Apply bunching strategy to “miscellaneous” itemized deductions , medical expenses, and other itemized deductions to increase deductible amounts.
... Increase withholding to eliminate or reduce estimated tax penalty,
... Set up self-employed retirement plan,
... Make gifts taking advantage of the $13,000 gift tax exclusion,
... Watch out for marriage penalty in regard to year-end marriage or divorce plans,
... Consider deferring a debt cancellation event until 2012,
... Decide whether to elect to deduct investment interest against capital gains and/or qualified dividends,
... Avoid personal holding company tax by making dividend payments,
... Take steps to avoid or minimize income tax on Social Security benefits,
... Structure real estate deal to avoid paying interest on tax deferred under installment method,
... Step up level of participation in business activity to meet material participation standard under passive loss rules,
... Dispose of passive activity to free up suspended losses,
... Ask employer to increase withholding of state and local taxes to pull the deduction of those taxes into 2011,
... Extend subscriptions to professional journals, pay union or professional dues, enroll in (and pay tuition for) job-related courses, etc., to bunch into 2011 miscellaneous itemized deductions subject to the 2%-of-AGI floor,
... Accelerate a big ticket purchase (such as a boat or car) into 2011 to qualify (if the taxpayer itemizes) for state and local sales tax deductions instead of state and local income taxes.
How to shift expenses
How cash-method taxpayers shift expenses. If a taxpayer is permitted to, and does, keep his tax records on a cash basis, his expenses are deductible when paid. Thus, he can accelerate 2012 expenses into 2011 by doing the following:
(1) Pay in 2011 all bills already received for expenses rather than deferring payment until 2012.
(2) Choose to incur and pay in 2011 expenses that would normally be incurred and paid in 2012. For instance, the taxpayer might order and take delivery of office supplies or have repair and maintenance work performed before the end of 2011 instead of waiting until early 2012.
(3) Prepay expenses where feasible. Certain other prepayments made by cash method taxpayers, such as prepaid compensation, must be prorated over the period to which they apply. have permitted deduction in the year of payment for a business insurance premium that overlaps portions of the year of payment and of the following year, when the taxpayer has followed a consistent practice of doing so. IRS has held that a cash basis taxpayer may deduct in the year of payment a full year's rent, even though most of the payment would be applied to the following year.
(4)Step up withholding of state and local taxes. If the taxpayer expects to owe state and local income taxes when he files his return next year, he should consider asking his employer to increase withholding on those taxes. That way, additional amounts of state and local taxes withheld before the end of the year will be deductible in 2011.
(5) Pay the last installment of estimated state and local taxes for 2011 by Dec. 31 rather than on the 2012 due date.
(6) Use credit card charges to accelerate deductible expenses. Charitable contributions and medical expenses are deductible when charged to a taxpayer's credit card account (e.g., in 2011) rather than when he pays the card company
In 2010, the federal government permanently dropped the income limit for moving savings to a Roth IRA from a traditional individual retirement account. Once you have met certain holding requirements, future withdrawals from a Roth are income-tax free—even for your heirs.
But to get that future tax break, you have to pay income tax upfront on the value of the pretax assets you move into a Roth. With market volatility denting many investors' returns, they could get stuck paying tax on investment value that no longer exists.
But there is a fix—if you act fast. The federal government allows the tax-law equivalent of a do-over, says Maria Bruno, an investment analyst at fund giant Vanguard Group, whose customers converted more than 230,000 traditional IRAs to Roths last year, and which has processed 3,900 do-overs this year, as of Monday.
Up until the final tax-return filing deadline for extensions—Oct. 17 this year—investors who transferred traditional IRA holdings to a Roth in 2010 can move them back to a traditional IRA and avoid tax. If you filed your 2010 tax returns already, you can amend them.
Careful handling of capital gains and losses can save taxes.
Individuals who lost money in the stock market or in investment real estate in 2011 may have other investment assets that have appreciated in value. These taxpayers should consider the extent to which they should sell appreciated assets (if their value has peaked) and thereby offset gains with pre-existing losses.
Long-term capital losses are used to offset long-term capital gains before they are used to offset short-term capital gains. Similarly, short-term capital losses must be used to offset short-term capital gains before they are used to offset long-term capital gains. Noncorporate taxpayers may use up to $3,000 of total capital losses in excess of total capital gains as a deduction against ordinary income in computing AGI.
For 2011 and 2012, a noncorporate taxpayer is subject to tax at a rate as high as 35% on short-term capital gains and ordinary income. On the other hand, most long-term capital gains are taxed at a maximum rate of 15%. However, for 2011 as well as 2012, the maximum rate is 0% to the extent the gain would otherwise be taxed at a rate below 25% if it were ordinary income. Restricting annual payouts from retirement plans and IRAs to the required minimum distribution (RMD) (and taking cash from other accounts as needed) may help some taxpayers to take advantage of the 0% capital gains rate.
A taxpayer should try to avoid having long-term capital losses offset long-term capital gains since those losses will be more valuable if they are used to offset short-term capital gains or ordinary income. To do this requires making sure that the long-term capital losses are not taken in the same year as the long-term capital gains are taken. However, this is not just a tax issue. As is the case with most planning involving capital gains and losses, investment factors need to be considered. A taxpayer won't want to defer recognizing gain until the following year if there's too much risk that the value of the property will decline before it can be sold. Similarly, a taxpayer won't want to risk increasing the loss on property that he expects will continue to decline in value by deferring the sale of that property until the following year.
Consider effect of marriage penalty (or marriage bonus).
A taxpayer's marital status for the entire year is determined as of Dec. 31. A taxpayer who gets married (or divorced) on that date is treated as if he were married (or single) all year long.
One of the tax consequences of marriage may be the payment of the so-called “marriage penalty.” This is likely to happen where the husband and wife each have substantial and relatively equal amounts of taxable income.
One reason for the marriage penalty is that the tax brackets above 15% cover a larger total amount of income for two single taxpayers. For example, in 2011 two unmarried taxpayers can have a total of $167,200 in taxable income without being subject to the 28% rate. If they're married, the 28% bracket applies to amounts in excess of $139,350. Also, the 33% rate begins at $212,300 on a joint return. On the other hand, two unmarried taxpayers can have as much as $348,800 before hitting the 33% bracket. Finally, single taxpayers can each have up to $379,150 of taxable income taxed below the maximum (35%) tax rate in 2011, while married couples can only have combined taxable income of $379,150 taxed below the maximum rate.
When C corporations should defer or accelerate income.
C corporations, like individuals, must also decide when and how to shift income and deductions between 2011 and 2012. C corporations will, as a general rule, benefit from the deferral of income and the acceleration of deductions in the same way as individuals.
However, acceleration of income may be advisable in some cases. Take, for example, a corporation subject to the 39% “bubble.” Corporate taxable income between $100,000 and $335,000 is taxed at the rate of 39% to phase out the benefits of the 15% and 25% brackets that cover a corporation's first $75,000 of taxable income.
Taxable income between $75,000 and $100,000, and between $335,000 and $10 million, is taxed at 34%. Taxable income over $10 million is taxed at 35%, except that there is also a 38% “bubble” that applies to corporate taxable income between $15 million and $18,333,333 to eliminate the benefit of the 34% rate.
Taking S corporation losses.
A shareholder can deduct his pro-rata share of S corporation losses only to the extent of the total of his basis in (a) the S corporation stock, and (b) debt owed him by the S corporation. This determination is made as of the end of the S corporation tax year in which the loss occurs. Any loss or deduction that can't be used on account of this limitation can be carried forward indefinitely. If a shareholder wants to claim a 2011 S corporation loss on his own 2011 return, but the loss exceeds the basis for his S corporation stock and debt, he can still claim the loss in full by lending the S corporation more money or by making a capital contribution by the end of the S corporation's tax year