Planning for Possible Changes to Estate and Gift Taxes for 2013

Estate planning has evolved into an art form over the last century. The days when a simple Last Will and Testament sufficed to distribute estate assets upon your death are long over. Without a carefully thought out estate plan, you could lose over half of your estate assets to estate taxes. Although gifting assets during your lifetime is an option, the gift tax can also take a significant bite out of your estate assets without careful planning. This year, both the estate and gift tax rates are at historically low rates. Likewise, the estate tax and gift tax exemption amounts are at all time highs. Both of these are currently set to change for 2013 unless Congress acts before the end of the year. If your estate will be affected by the changes, now is the time to consult with your estate planning attorney about how best to handle the upcoming changes.

The estate tax is levied on a decedent's estate if the total estate assets at the time of death exceed the estate tax exemption amount. For 2012, the estate tax exemption amount is set at $5.12 million. That means that only estate assets over $5.12 million would be taxed if an individual died this year. For assets that exceed the exemption amount, they are currently taxed at a rate of 35 percent.

The current rate and limit are both set to expire at the end of 2012 and return to the previous tax rate of 55 percent and the previous exemption amount of just $1 million. To put this in perspective, imagine that you have an estate valued at $7 million. If you die this year, $1.88 million will be subject to the estate tax at a rate of 35 percent for a total tax liability of $658,000. If the rate and limit return as scheduled for 2013, the same estate would incur a tax bill of $3.3 million.. Every dollar paid in estate taxes is a dollar less left to your loved ones.

Although the average taxpayer is not impacted by estate taxes at the 2012 exemption amount, many more will be affected if the amount is reduced to just $1 million. If you are one of those people, be sure to talk to your estate planning attorney about estate planning tools that can be used to help minimize estate taxes upon your death.

The gift tax faces the same potential scenario for 2013. The gift tax lifetime exemption amount is also currently set at $5.12 million at a rate of 35 percent. It too will return to a lifetime exemption amount of $1 million with gifts over that amount taxed at 55 percent. A taxpayer may also take advantage of the yearly gift tax exclusion rules which allow you to make as many gifts of up to $13,000 to as many beneficiaries as you wish each year free from gift taxes. In addition, yearly gifts made pursuant to the gift tax exclusion do not count toward your lifetime exemption limit. If gifting is part of your overall estate plan, be sure to talk to your estate planning attorney to decide whether you should gift more this year than originally planned or wait to see what ultimately happens to the gift tax.

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TAX ADVICE DISCLAIMER: In accordance with IRS Circular 230, any tax advice included in this communication, including attachments, is not intended or written to be used, and cannot be used by you or any other person or entity, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions, nor may any such advice be used to promote, market or recommend to another party any transaction or matter addressed within this communication. If you would like such advice, please contact us.

The Importance of Creating a Last Will and Testament

Many people make the mistake of assuming that estate planning is only important if you have a substantial estate to leave behind to beneficiaries. Nothing could be farther from the truth. Although an elaborate estate plan may not be necessary if your estate assets are modest, there are a variety of reasons why a basic Last Will and Testament should be executed anyway.

Probate -- Probate is the legal process by which a decedent's estate is inventoried, valued, and the assets ultimately transferred to beneficiaries. Probate can be a lengthy process and may incur significant fees. In some states, a small estate may be eligible for a less formal process that will save the estate time and expense; however, if the decedent failed to execute a Will, formal probate is typically required in order to determine who the legal heirs are to the estate.

Intestate Succession Laws -- If you fail to execute a Will, the state laws of intestate succession will determine what happens to your assets. Friends, charities and distant relatives that were important to you will receive nothing from your estate if you give up control to the state.

Tax Consequences -- If your estate assets are significant, a comprehensive estate plan is necessary to avoid the often high rate of estate taxes levied on an estate upon the death of the decedent. While a Will alone will not prevent your estate from incurring estate taxes, it is the foundation for an estate plan that can include tools aimed at minimizing your tax burden.

Fees and Expenses -- By not leaving a Will, additional expenses will be incurred by your estate. Costs involved in locating and notifying heirs, locating and valuing assets, and defending any claims or challenges to your estate can reduce the value of your estate, leaving less for your heirs.

Guardianship of Minor Children -- If you have minor children, your Will is the only chance you have to nominate someone as guardian in the event of your death. Although the court will ultimately decide who is appointed as guardian, your wishes will carry significant weight in the decision.

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TAX ADVICE DISCLAIMER: In accordance with IRS Circular 230, any tax advice included in this communication, including attachments, is not intended or written to be used, and cannot be used by you or any other person or entity, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions, nor may any such advice be used to promote, market or recommend to another party any transaction or matter addressed within this communication. If you would like such advice, please contact us.

Home Office Deductions

Whether your small business is run out of your home because there is no need to rent office space, or because you are just getting it off the ground and cannot afford a separate office yet, home office deductions can save you a substantial amount in taxes at the end of the year. Knowing what you are entitled to deduct, and keeping well organized and detailed documentation of those potential deductions, is crucial to taking advantage of the tax benefits of keeping a home office.

Qualifying for the Deduction -- The first thing you must determine is if your home office qualifies for the home office deduction. There are two tests that must be passed to qualify your home office. First, you must regularly and exclusively use part of your home for your business. This could be an extra bedroom, a garage or a family room you have converted into an office. Second, you must use your home office as your principal place of business. This does not mean you cannot have another separate place where you conduct business, but your home must be used "substantially and regularly” for your business.

What Can Be Deducted--Home office deductions fall into either a direct or indirect expense. Direct expenses are expenses that most businesses incur, such as advertising, supplies, attorney fees, and wages. As a general rule, the full amount of a direct expense is deductible. Indirect expenses are things related to running or keeping up your home. Expenses such as utility bills, home owners insurance and repairs fall into the indirect expense category. These expenses are calculated by determining the percentage of your home used for your home office and then multiplying the expense by that percentage. For instance, if you use 20 percent of the total area of your home for your home office, and your utility bills for the year were $3,000, then you could deduct $600 for your home office portion of the expense ($3,000 x .20 = $600)

By keeping track of all your direct and indirect expenses throughout the year, you should find that your tax obligation is substantially less at the end of the year.

TAX ADVICE DISCLAIMER: In accordance with IRS Circular 230, any tax advice included in this communication, including attachments, is not intended or written to be used, and cannot be used by you or any other person or entity, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions, nor may any such advice be used to promote, market or recommend to another party any transaction or matter addressed within this communication. If you would like such advice, please contact us.

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Retirement Savings Options for Small Businesses

Getting a small business up and running is its own challenge, and no matter how much you love your business you won't be able to keep it up forever. Eventually, you'll want to retire, and even if you only have a few employees it's likely they will want to retire too. So, as a small business owner what can you offer your employees and yourself to move them closer to retirement?

• 401K - While a 401K option is usually thought of in terms of something offered by large corporations, you can set up a 401K plan as part of your small business. Many people hear 401K and think that the employer has to match contributions, but that isn't the case. If you can afford a match, great, if not it still gives employees a way to make regular contributions totalling up to $16,500 for those under 50 years, and $22,000 for those over 50. 401Ks come in both the regular and Roth varieties, letting you decide whether it is best for you to be taxed up-front with a Roth 401K or later on with a regular 401(k). 401(k)s are also good in case of an emergency, since loans are available in a pinch. Of course, there are tax implications, and plenty of paperwork to file with the IRS.
• SEP- SEP (Simplified Employee Pensions) IRAs are a good choice for many small businesses because they are relatively easy to manage. For these plans, employees do not contribute to the plan and contribution limits are around the same amount as they are for a 401(k). Unless you are able to make large contributions, employees may want to set up a separate IRA of their own, but it's something that gets the ball rolling in the right direction. With a SEP there is less of a safety net before that retirement day actually comes. No loans, early withdrawals, or catch up contributions are allowed, but there are also fewer IRS regulations to worry about, which can be a big relief to a lot of small business owners.
• SIMPLE IRA - Just because the name says "simple" doesn't mean that it is, but the SIMPLE IRA isn't rocket science either. SIMPLE stands for Savings Insentive Match for Employees. In this plan, employers are required to match contributions, although those contributions are far less than 401(k) or SEP options, only $11,500 is allowed for a SIMPLE IRA. There are also fewer reporting requirements with the SIMPLE IRA as well.

Of course, whatever you choose to offer by way of retirement plans for your employees or for yourself will depend a lot on the state of your business, what you can afford, and how much you are willing to invest in your employees future

5 Tips for Saving on Your Taxes for 2012

Few people enjoy filing their tax returns. For this reason, people tend to go through the process hastily, often missing key tax deductions, credits or filing strategies that could save them a great deal of money. Below are some tips taxpayers can use to save money at tax time.

1. Keep thorough records. Many taxpayers choose to take the standard deduction simply because it's easier. However, in many cases, itemizing your deductions is much more beneficial. However, you can't itemize your deductions without accurate, comprehensive financial records. Throughout the year, file receipts from non-reimbursed medical expenses, job search costs, donations to charity and major purchases.

2. Make some green upgrades. The Internal Revenue Service offers a variety of tax credits to taxpayers who install energy efficient, eco-friendly equipment in their homes. Examples of equipment that may qualify you for a tax credit include solar water heaters or a solar electric system. You may also be able to claim a tax credit for the purchase of an electric automobile.

3. Save for retirement. Contributions you make to retirement plans, such as traditional IRAs and employer-sponsored 401(k)s, are tax-deductible. If you open a Roth IRA, your contributions will be taxed, but the money you put away will grow tax-free. If you don't already have a retirement plan, consider opening one this year. If you do have one, consider increasing your contributions to the maximum allowed.

4. Donate to charity. If you have extra items lying around the house, consider donating them to charity. Items worthy of donation include furniture, books, electronics, old toys and clothes. If you choose to make donations, keep an accurate list of everything you donate during the year. All donations worth more than $250 must be documented with a receipt. Keep in mind that there may be limits to the amount you donate.

5. Optimize your withholdings. Some taxpayers choose to have more money withheld from their income than they need to in order to receive a larger tax refund check. However, this is not a wise practice in most cases. When you qualify for a tax refund, you are essentially receiving money that belonged to you all along.

Instead of allowing the government to borrow from you interest-free, reduce your withholdings and invest the extra money in a CD or retirement account. Alternatively, you can also use the extra cash to pay down debts with high interest rates.

The tax system can be confusing. However, using these tips, you can save a lot of money on your taxes. To save even more, make sure that you consider any deduction you may qualify to claim. Examples of overlooked deductions include self-employed tax deductions, tax preparation fee deductions, job relocation expenses and the childcare tax credit. If your tax situation is complicated, or if you will be claiming a lot of complex deductions, consider hiring a tax preparation professional to help you complete the required paperwork and identify money-saving opportunities.