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May 30, 2008

- A Deed in Lieu of Foreclosure and Form 1099a – What You Need to Know

IRS building.jpgA deed in lieu of foreclosure is a legal proceeding where a homeowner transfers all ownership in their property to the lender to avoid foreclosure. They transfer the deed and poof!! No more foreclosure. Now the lender holds the property and the previous mortgage holder has no more mortgage debt (on that property). Obviously the value of the property must exceed the level of debt for this scheme to work.

Generally there should be a written communication from the mortgage holder to the lender expressing a desire for such a proceeding. This prevents the mortgage holder from later experiencing buyers (sellers?) remorse, deciding they didn’t get such a good deal after all, and making a claim against the lender.

Typically the lender will require every avenue toward sales of the property be exhausted before they’ll consider a deed in lieu of foreclosure alternative, so don’t get your hopes up yet. These types of transactions are becoming more difficult to get approval for with many lenders in the last year. The lenders feel they are too one sided and there are too many problems they may have to deal with.

How does giving up your deed in lieu of foreclosure affect you for tax purposes? As usual the IRS has a say in the matter, and you could have some tax liability associated with the transaction; once again, the boys and girls over at revenue giving you a bit of kick when you’re down, so to speak. From their side of the coin, it looks like the cancellation of debt that occurs is the same as income, and that must be declared. In many cases, there ways to eliminate some or all of the tax liability associated with giving up your deed in lieu of having your home foreclosed upon.

If you have debt forgiven in a DIL, you will receive a form 1099a from your pals at the IRS. The actual title of the form is “Acquisition or Abandonment of Secured Property”. As the title implies it deals with the tax consequences of what amounts to abandoning your property.

Note that the 1099a for a debt in lieu is not the same as if you actually had your debt forgiven through the foreclosure process. In that case you’d receive a Form 1099c “cancellation of debt”. With a 1099a for the DIL, if, for example, you had a property that you owed $250,000 on and you traded the deed to avoid foreclosure, you would owe the difference between the fair market value and the outstanding debt. According to the IRS, this applies if the amount in box 4 (fair market value) is less than the amount in box 2 (debt owed to the lender(principal only)).

Here’s the explanation according to the IRS:
“When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven or the property is abandoned or foreclosed, the amount you received as loan proceeds is reportable as income because you no longer have an obligation to repay the lender and/or you may be unable to pay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-A, Acquisition or Abandonment of Secured Property, or Form 1099-C, Cancellation of Debt.”

In the eyes of the IRS you receive proceeds through this process, as you no longer have a liability (the outstanding balance on your mortgage) on your personal balance sheet. The value of this cancellation is viewed as compensation, so you are taxed at the income tax rate. To add insult to injury, this income could very well push you into a higher tax bracket, making you have a greater tax liability than you would have otherwise.

This is definitely an area where you want the advice of a qualified tax attorney or accountant. The professional you choose should have expertise in this particular area of tax and real estate. The last thing you want is to trade a foreclosure on your house for a tax problem with the IRS.

How to eliminate some or all of your tax liability when proceeding with a deed in lieu of foreclosure –
One way you may be able to get around owing more tax is if you can prove that you’re insolvent, or you can declare bankruptcy. To prove insolvency or bankruptcy to the IRS’s satisfaction you have to fill out IRS form 982 (yes, another IRS form).  As pursuant to the terms of the Mortgage Forgiveness Debt Relief Act of 2007 that went into effect in December, the first $2 million of the primary mortgage amount is immune from tax liability should it be forgiven. Note that the Mortgage Forgiveness Debt Relief Act only applies to your primary residence, as defined in IRS section 121.

Once again, this is definitely an area where you want the advice of a qualified tax attorney or accountant (I’m neither) before deciding on your best course of action.

Hopefully none of this applies to you and you’re (more or less) happily making your mortgage payments on time; foreclosure is not in your future. Let’s just hope the price of gas doesn’t keep going up and you have to decide between your mortgage or filling your gas tank.


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April 26, 2008

- Tax Return Questions – Some of the Most Common

IRS 1040 Form.jpgMany people have tax return questions. The day after actor Wesley Snipes got sentenced to 3 years in the slammer for failing to file a federal income tax return seems like a great day to discuss come of these. After all, maybe he didn’t file his tax return for three years because he had some questions and just couldn’t get answers to them. I wouldn’t want that to happen to any Debt Free readers!

Tax Return Question 1
What should I do if I think I made a mistake when I filled out my return?

Mistakes on returns happen all the time. The IRS has provisions for just such an event. You’ll have to spend 6 months in jail, do 150 hours of community service, and pay a 50% penalty on any taxes owed. Just kidding. Actually the IRS recommends that you fix the mistake by filing a form 1040X. This is an amended return that you’ll use of you forgot to report all your income or claim a credit. You have up to 3 years after you filed your return to file this form, so there’s no rush.

The IRS reports that most math mistakes are caught when processing the return. If the processors have more questions or something is missing, don’t worry, they’ll contact you.

Tax Return Question 2 -
What if I made a mistake on my return, I’m getting more money back than I should be, and I’ve already sent me the check? I don’t want to be visiting Wesley in jail for a few years. What should I do? Fear not, tax payer. The IRS has you covered. If it was a math mistake, see answer number 1, above. If it was a mistake in the amount of reported income, you simply use the same form 1040X and send it back with the un-cashed check.

What? You say it’s too late, you already cashed the check and bought a new Ducati to ride for the summer? Well, in that case, you have to file the 1040X ASAP. Include a check or money order payable to the Internal Revenue Service for the amount you borrowed due to your error, and pray repeatedly that that settles the whole matter.

Tax Return Question 3 -
What do I do if I received a 1099 form, but I’m not self employed and I don’t have a business license? What do I do about this? Unless you can prove you actually were an actual employee of whoever sent you the 1099, you’ll have to fill out a 1040 schedule C and report your income from the 1099. In addition, you will need to fill out a form 1040, schedule SE to report your self employment tax. Self employment tax is basically the matching part of your Social Security that your employer usually pays.

One thing to know about fixing mistakes with the ‘1040 X’ form is that these forms can’t be filed electronically. You have to actually fill them out with a pen, put them in an envelope and use the old fashioned mail, if you remember how.

Tax Return Question 4 -
How do I find out what has changed from last year? IRS forms have a “what’s new” section in their instruction books. They will have a list of all changes from the previous year.

Tax Return Question 5 -
I can’t pay the taxes I owe. What do I do now? You might try calling Wesley’s legal team. After all, they got him off on most of the charges. Seriously, you have alternatives if you just can’t come up with the money the Feds are looking for. They will allow you to pay with a credit card. You can also make payment arrangements with the IRS. I went over this in my post on what to do if you can’t pay your taxes.

Tax Return Question 6 -
If you’re a student, do you have to file a tax return? It depends on how much money you earned, and if you can be claimed as dependent by another tax payer. You’ll be a‘filin’ if you are a dependent and:

1.      Your unearned income was more than $850.

2.      Your earned income was more than $5,350.

3.      Your gross income was more than the larger of —

a.       $850, or

b.      You earned income (up to $5,050) plus $300.

Students, you should note that many fellowship grants and scholarships are considered taxable income by the IRS, so they’re not as free as you first thought.

It’s pretty common to have questions when you’re filing out or filing your tax return. That’s why we in the U.S. have an entire industry dedicated to helping you out in this endeavor. It helps explain why franchises such as Liberty Tax Services (started by Jackson Hewitt alum John Hewitt) have grown to over 1,700 locations in only 7 years, and H&R Block had revenues of $4 billion in FY 2007.

So, if you have tax return questions, don’t feel bad. If you can’t find answers here, check the FAQs at the IRS website


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April 16, 2008

- When the Bush Tax Cuts Expire - For the Rest of Us

congress.jpgWhat happens if the Bush tax cuts “for the wealthy” expire, which would make many members of Congress giddy as a 12 year old girl at a Jonas Brothers concert? Entertainment preferences of our Nation's youth notwithstanding, the day after the last of you stragglers sent off your taxes is a great time to revisit such tax related issues. What happens if those Bush tax cuts do expire? Who really cares how they affect the wealthy, I'm selfishly more interested in how they'll affect the average American. After all, if they're “for the wealthy” the cuts or lack of them won't really affect me (or most likely you either) all that directly anyway.

What happens to most of us with regard to how much we'll pay in Federal income taxes if Bush and his tax cuts go sailing off into the pages of history?

First a side note: Government spending is out of control, and has been for some time. Lest you think I'm just a (to use an expression usually reserved for those on the far left) Cool Aid drinker, government spending under the Bush administration has been totally out of control, to the tune of 19.6% in 2006, with a 2.1% budget deficit. In 2000 it was 18.4% of GDP and we had a 2.4% budget surplus. Even more frightening is that according to a CBO report, it's projected to swell to 23.8% of GDP by 2040 and even higher after that. Interest expense will grow to chilling (to our economy) numbers in the future if current trends aren't reversed. Eventually the CBO predicts that interest on federal spending alone will consume a greater amount of the budget in percentage of GDP than our entire budget does now!

Why don't we just surrender all our salaries, wages, and bonuses to the Federal Government and allow them to dole out to us what they feel we “need” to exist on. Oh wait, that's been tried. It was the dismal economic and social failure known as Communism. Hopefully most of you that read personal finance blogs at least aspire to some upward mobility, and aren't satisfied with remaining where you are. Why would you be so fired up to be penalized for working hard and bettering yourselves?

Taxes are a necessity of civilized society. After all, roads, bridges and other infrastructure need to built, and we must defend ourselves, but why should those that actually get up early create the wealth, jobs and technological wonders that allow us to have this level of prosperity be forced to pay for nearly all of it?

When the Bush tax cuts expire in 2010 as they're scheduled to:
Well, the Center on Budget and Policy Priorities reports that extending the Bush tax cuts and AMT relief would cost $4.4 billion. Cost who? Certainly not the tax payer. Sounds like the tax spenders are getting a bit testy, because from where I'm sitting that sound like it would save you and I money. It's all a matter of perspective on whose money it really is, anyway. I guess some feel that because they print the money it's really theirs and they're just loaning it to us. I'll bet that not all of the projected 33 million American taxpayers projected to be snared by the AMT in 2010 feel like they're wealthy. But why reform it? After all, it would contribute to the $4.4 billion that they feel we're not really entitled to anyway.

On the expiration of the “Bush” tax cuts, the tax brackets will change as follows:
Brackets 10, 25, 28, 33 and 35 percent will be increased by 50%, 12%, 10.7%, 9.1% and 13.1% percent, respectively, to 15, 28, 31, 36 and 39.6 percent. Those of you at the bottom of the tax barrel will see a 50% tax increase. Still think that those tax cuts are strictly for the wealthy?? Well, have a nice day then. The child tax credit will be cut in half (damn those wealthy families with children) so in reality, the upper and lower classes benefited the most from the tax changes, with the lower class receiving far and away the largest benefit. Yet, we seldom hear this in our daily news osmosis. The phrase “tax cuts for the rich” has been repeated so many times that the majority of the sheeple simply believe it.

The funny thing is that many of the truly wealthy will be little affected by income tax hikes, because their income is derived from investments (taxed at the capital gains rate), and their property is in trusts, or actually owned by their businesses. The psuedo-wealthy that make $250,000 and up actually pay the vast majority of the taxes, so if you're going to cut taxes, that range offers the largest opportunity to do so. For those of you that think only the rich own stocks, you're wrong. 91 million Americans own shares of stock, thanks largely to 401k plans and IRAs, so boosting the market helps their retirement picture. In fact 90% more people in the bottom 20% of income earners own stocks now than they did 15 years ago.

Finally, do any among you think that as they economy slows it would be prudent to raise taxes? Why exactly would raising taxes (and it's scheduled to be a large raise) help get the economy back on track? Are you sure about that?

The reality is that you can't cut taxes forever and have total tax revenue rise, just as you can't raise them forever and have total tax revenue rise. To low and the reduction in tax revenue will overtake the rise in the economy; too high and the decline in the economy will overtake the rise in revenue. There's a sweet spot in the middle where nearly everyone pays, the economy is suitably stimulated and things get done. Lets find it, without spending so much damn money on bridges in Alaska.


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April 15, 2008

- What to Do If You Can't Afford to Pay Your Taxes to the IRS

IRS headquarters building.jpgWell, you all know what day it is, so here's the obligatory tax related post from Debt Free. What if you're one of those “pulling the cart” as it were, and you don't have quite enough to pay your taxes this year? If you owe taxes what should you do?

Don't worry. Just ignore it and it'll go away. Really, just keep quiet, and watch American Idol tonight like you do every Tuesday. There's no need to run to the post office before midnight like all those other suckers. It's an effective strategy used by thousands of American taxpayers every year. The problem for these folks is that it's only effective for so long. The IRS wants their (our) tax revenue, and if you owe some and haven't paid it, they'll eventually come knocking at your door for their cut.

So, that begs the question; “What if I owe the IRS and can't afford to pay?” The number one thing you shouldn't do is ignore the problem. Much like cancer or syphilis, ignoring unpaid taxes will only get you in big trouble. Just ask Al Capone, he ignored both his taxes and syphilis, and look where it got him!

If you genuinely can't afford to pay the entire amount you owe you must contact the IRS. Ignoring them means two things: 1 – You won't get your economic stimulus check this year, and 2, You'll begin to accrue penalties and interest at a frightening rate. Yes, you'll accrue penalties and interest on unpaid taxes even if you do file your return, but at much lower rate. The penalty rate for failure to file is 5% a month of the unpaid balance, up to a maximum of 25%. That's in addition to the interest of 1.5% per month (compounded, and you know the power of compounding. If you don't, just ask Wesley Snipes). Hey, the IRS takes VISA. This is one instance where using a credit card may actually be the more responsible thing to do. The penalty for failure to pay is 10 times lower; 1/2 of 1 percent per month. You do the math on this one.

The IRS wants your money, but they will work out things out for taxpayers who genuinely can't afford to pay. If you have a legitimate excuse, they will be happy to set up a tax payment installment plan, for a small fee, of course! Actually that fee is a one time $105, not a trivial amount, but better than the alternative. You can lower the installment set up fee to $52 by agreeing to have the funds debited from you checking account. To find out more about IRS installment plans and other tax payment options, just check IRS tax topic 202 here.


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March 10, 2008

- 401k Early Withdrawal – Should You?, Penalties and More

1040 IRS tax form.jpgIt's one of the most common retirement planning questions; What are the consequences of early withdrawal from my 401k plan? If you've reached that station in life where you're ready to jump into the Prevost and head to Scottsdale for a few rounds of golf, you may want to withdraw some of your 401k funds to finance the trip. This could trigger some problems for you financially unless you are one or more of the following:
  1. Dead - Yes, it's true, the IRS will let you take you funds from your 401k or other qualified retirement vehicle if you're dead. Of course it will be kind of tough to nail that hole in one on the 11th at Estancia if you're dead, so maybe you'll have to look for other ways of avoiding the 10% early withdrawal penalty, such as ....

  2. You're over age 55 and have retired or quit your job. There, that's more like it! You can be alive, 56 years old and enjoying some sun out on the course while spending the fruits of your old employer's 401k matching contribution.

  3. You got a divorce and the judge declared that you have to split the 401k as part of the divorce decree. In that case, avoiding the 10% penalty is probably the last of your worries, financial and otherwise.

  4. The cost of that expensive hip replacement you had to get so you could keep golfing was greater than 7.5% of your adjusted gross income and you withdrew 401k funds to pay for it. Seriously, if you withdrew funds to pay for medical expenses that were greater than 7.5% of your adjusted gross income, and you itemized your deductions, you can avoid the IRS early withdrawal penalty.

  5. The withdrawals meet the "substantially equal payments" criteria. The substantially equal payments criteria means that the payments must be “part of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the employee “ The section of the Internal Revenue code that deals specifically with this topic is section 72(t)(2)(A)(iv). According to the IRS, other qualifying methods of avoiding the 10% penalty according to the SEP criteria are:

      A) “the amount to be distributed annually is determined by dividing the taxpayer's account balance by an annuity factor (the present value of an annuity of $1 per year beginning at the taxpayer's age attained in the first distribution year and continuing for the life of the taxpayer) with such annuity factor derived using a reasonable mortality table and using an interest rate that does not exceed a reasonable interest rate on the date payments commence. “

      -or-

      B) “if the amount to be distributed annually is determined by amortizing the taxpayer's account balance over a number of years equal to the life expectancy of the account owner or the joint life and last survivor expectancy of the account owner and beneficiary (with life expectancies determined in accordance with proposed section 1.401(a)(9)-1 of the regulations) at an interest rate that does not exceed a reasonable interest rate on the date payments commence.” Got that?? It basically means that you can guess how long you're going to live according to a generally accepted life expectancies table and then treat your 401k as an annuity that pays out at a reasonable interest rate.

The IRS (and I) recommends that if you are attempting to qualify for the substantially equal payments criteria, you hire a professional financial planner, attorney, or accountant that is well versed in this particular area. Failure to qualify could result in the obligatory IRS fees and penalties levied at those who would make tax mistakes, willful or accidental.

So, you can get an early withdrawal from your 401k plan if you play by the IRS rules. The other option is to throw caution to the wind, say “What the hell, you only live once” and generously contribute the extra 10% to the American people (Where of course it can be frittered away in the bureaucratic morass that is our Federal Government).


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February 22, 2008

- IRS Tax Deductions – 7 You CAN’T Take

1040.jpgIRS tax deductions are the subject of nearly as many urban legends as the dusty Shelby Cobras found in an old garage, the Loch Ness Monster and Microsoft. As much as tax payers would wish they were true, there are some deductions that we just can’t take. The problem is that unlike believing the latest conspiracy theory regarding the business practices of Bill Gates, believing misinformation about tax deductions can get you into trouble with the IRS. Here are some IRS tax deductions you really can’t take.

IRS Tax Deduction You Can’t Take #1 –
Mileage or vehicle related expenses incurred while driving to and from work. If you use the vehicle in the course of doing business, you can deduct expenses or mileage resulting from this, but it’s a no-no to deduct mileage accrued while getting to and from your office.

If you run a home based business you can deduct the portion of use that your family car is used for the business, but not for your vacation to Aunt Nellie’s. If, however, you happen to vacation in Las Vegas or Tampa and swing by a trade show or convention at the same time, that’s a whole different story. You can deduct travel expenses for expenses incurred, weather you own a business or not, if you must travel to a location that is not your usual place of work, but not for trips to and from the office or job site. Employees should use IRS form 2016 to claim these deductions. You should be aware that you must itemize to take advantage of these, and they cannot exceed 2% of your adjusted gross income.

IRS Tax Deduction You Can’t Take #2 –
Un-reimbursed medical expenses lower than 7.5% of your adjusted gross income. This has worked for me in the past. A few years ago I had a year that my post insurance medical and prescription drug expenses were around 10% of my AGI . The deduction  really helped out, but very detailed record keeping is essential to make this (or any other) tax deduction really work for you.

You’ll have numerous small receipts for things such as co-pays that may be only $10 or $20. At the beginning of the year, you may neglect to save these in your tax file. If something should crop up, heaven forbid, that pushes your medical expenditures beyond the 7.5% threshold, you’ll need every single one of those receipts to document that fact. So, make sure you save them all, beginning January 1st.

IRS Tax Deduction You Can’t Take #3 –
Expenses incurred as a result of fines or criminal penalties, even those incurred through your regular course of business. It makes sense, but every year people try to deduct things such as the speeding ticket they received while driving the company van. Some think it is allowed under Section 162 of the Internal Revenue Code, but some would be mistaken. The IRS doesn’t like such claims, so it’s better not to make them in the first place. For that matter, deducting any expenses incurred during the commission or as a result of, an illegal act are forbidden.

IRS Tax Deduction You Can’t Take #4 –
Meals that you eat while at work are not deductible. If you take a client to a meal, you can deduct a portion of the meal related expense, but you can’t deduct that $4.00 for the burrito you had at Chico’s lunch wagon yesterday.

IRS Tax Deduction You Can’t Take #5 –
Home repair expenses can’t be deducted in most cases. Too bad for me, because I just spent $1,300 to get a new water heater installed. That would have been nice to include in the deduction total for 2007. The IRS does not allow deductions for the repair of a home that you use as your primary residence. Repairs are defined as something that “…keeps your property in good operating condition. It does not materially add to the value of your property, or substantially prolong its life.” Certain disasters have been granted exclusions by the IRS. For example, certain losses experienced because of Hurricane Katrina are covered under Internal Revenue Bulletin 2006-28.

If you have rental properties, you can deduct repair expenses as a business expense that you could not deduct were you to them for your primary residence. As a landlord, you can claim such deductions such as interest, repair expenses, insurance, and even travel to visit or inspect your properties, weather it is local or long distance.

IRS Tax Deduction You Can’t Take #6 –
Work clothes. You may not take a tax deduction for clothing you purchase for work, unless it is not an article of clothing that you could usually wear while outside of your job. Just because you got a new job and had to by new, nicer clothed than you would usually wear does not mean you can deduct the cost of the new clothes. The only way you can deduct the cost of work clothes is if they would not be worn in the course of everyday activities. Things such as hard hats, uniforms, logo shirts, and the like can be deducted if you are required to purchase them specifically for your job. Sorry, that new Armani you bought to impress the boss doesn’t qualify.

IRS Tax Deduction You Can’t Take #7 –
Some deductions that you could claim were they to be spent on a rental property cannot be claimed when they apply to your personal residence. These include the cost of home owners insurance, closing costs, contractors and domestic help, utility expenses and depreciation.

Although it would be great if the IRS would allow these deductions, they would likely raise our taxes to compensate. Have a great, Debt Free weekend.


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February 01, 2008

Your Other Largest Household Expense

1040 IRS tax form.jpgA few days a go I did a couple of posts on lowering household expenses and how you can attack some of the largest expense to save yourself some money. In case you missed it, here are the largest expense categories of the typical American family from 2005, courtesy of US Department of Labor statistics.

1 - Shelter and associated expenses $15,167 (32.7%)
2 – Transportation $ 8,344 (18.0%)
3 – Food $ 5,931 (12.8%)
4 – Pensions and Social Security $ 4,823 (10.4%)
5 – Health care $ 2,664 ( 5.7%)
6 – Entertainment $ 2,388 ( 5.1%)
7 – Clothing $ 1,886 ( 4.1%)

Something's missing. What is it? Give up. Well for many people it is the largest expense category, for most of the rest, its in the top 3, yet for many people it gets completely overlooked much of the time. What is this major expense? Well, of course, it is taxes. You may just look at you paycheck to see what is taken out every month, but you'd be woefully underestimating how much the “Average American” pays in taxes every year.

Many taxes are hidden. Think about how much is really paid. There is employer matching of Social Security. You think the employer just takes that straight out of their bottom line? Guess again; they pass it on to their customers (you and me). There are gas, fuel and utility taxes, at the local, state and federal levels. Property taxes, which are borne by both renter and property owners. Sales taxes, B&O taxes on businesses, state income taxes, and capital gains taxes; it boggles the mind! There are just so many taxes. All the taxes paid by business are passed on to the consumer in some way or another, so don't be fooled into thinking that this tax or that doesn't, in some way, affect you. They affect all of us to some extent.

The upshot of all this is that there a about a million different tax reform organization, foundations and groups out there. Together they give some kind of picture about how much is paid by the “Average American” in taxes every year. The Tax Foundation has their Tax Freedom Day, the day when you stop working for the government and begin to line your own pocket. In 2007, it was April 30th. That works out to 32.8%. Hey, that's expense number1! Even if you give our taxing authorities the benefit of the doubt and this number is 20% too high, it would still come in at 26%, and fall neatly into slot number 2.

That's why I tend to rail a bit about taxes. The other expenses you can do something about. You can control taxes too, albeit to a lesser extent. but it requires much more effort and planning, in addition to a trip to your local polling place (or post office for a growing number of communities, where absentee is the new voting method of choice). I wouldn't care so much. After all the government provides many essential services that we desperately need, and should pay for. The problem is that they also provide many that we don't and shouldn't, in addition to being the model of inefficiency in many of the things they do.

Have a great, Debt Free weekend.


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January 30, 2008

Tax and Government Saying of the Day

IRS building.jpg

 Saying of the Day: A good government should seek not to maximize government revenue, but instead to maximize citizen revenue.


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January 21, 2008

- Federal Tax Brackets - 2007

1040 IRS tax form.jpgIt's that time of year again; time to start looking at all things tax, like your federal tax bracket. In the United States, we use a graduated income tax system, where the income tax rate rises with income, so the people who can ostensibly afford it will shoulder a larger amount of the federal tax burden, freeing up those in the lower socio-economic strata to pay for such niceties as food, clothing, and shelter.

The very lowest income earners fall into the lowest federal tax bracket. If that describes you, you can temper your disillusion with your low income with the fact that at least you'll probably be paying no federal income taxes for 2007. You may even be getting more money back than you paid in. A pretty nice deal, that. So much for those “Tax cuts for the wealthiest Americans”, not that they didn't see one.

For the rest of us, stuck somewhere in the middle, between the wealthiest Americans, and those that get back more than they paid in taxes, we will have to look at how much the IRS will demand from us in this yearly rite of homage to government finance. Where it gets really important is for those who fall right on the brink of jumping up to the next higher bracket. If this is you, you will have to pay the higher rate for all marginal income over the bracket cutoff. You do not have to pay the increased rate on your entire income for the year.

For example, a few years ago I got caught in this exact situation. I earned a hair over $59,000 that year, putting me in the 28% tax bracket. That does not mean that I had to pay 28% on all my income for federal tax purposes. I had to pay the 28% only on the income that was above the cut off for the lower bracket. That is why the IRS publishes tax tables, otherwise you could just apply the bracket percentage across the board. It would be a fairly simple calculation. I'd bet Turbo Tax, Quicken, and H&R Block would probably find far fewer customers if taxes were simplified.

The fact is that everything does get pretty complicated by the time you add in your deductions (which of my deductions are valid, anyway?), investment income, capital gains, and depreciated assets. If you are the sole proprietor of, or partner in a business, all bets are off. You best either find a good tax preparrer or get some tax software. You don't have the time to accurately do your taxes to ensure you are paying as little as possible.

Make sure that your income and your tax brackets line up such that you are not earning just enough to actually make less, after taxes. There are cases where a small increase in income can produce a smaller post tax income. That's why we have tax software and accountants. In the aforementioned case, you will want to see if you can find a few more deductions or defer any income to get your income down a bit.

To find out your federal tax bracket, download federal tax forms (or one of the myriad schedules the IRS delights in conjuring up), or e-file your tax forms, see the IRS web site here:
http://www.irs.gov/individuals/article/0,,id=118506,00.html

For the rest of us, we'll just take our grocery bag of forms, receipts and statements to our accountant and have them wade through it, in the hopes we won't have to write too large a check to Uncle Sam this year.



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November 08, 2007

- Kill the Pigs, or, How to Save Yourself Some Tax Dollars

pig.jpgOn average, about 40% of every dollar you make isn't yours to spend. It goes to the government for a variety of reasons in the form of taxes. Now, don't get me wrong. Taxes are an essential part of a civilized society. We look to our Federal, State and local governments to provide us with any number of things, from transportation, research, and national defense, to law enforcement, public safety and schools. As a civilized society, we expect them to efficiently (we may be a bit idealistic) provide us with just that.

It's sad that so much of our tax dollars are spent surreptitiously, with those little earmarks slipped into this bill and that, in response to the “I'll scratch your back if you scratch mine” way that business gets done inside the beltway. Known by the euphemism “pork”, these little bits of financial mischief give swine and one of my favorite foods, barbecue, a bad name. One of the favorite tactics of our enlightened porksters is to slip in their pet project into appropriations bills that are completely unrelated to the pork project, but are deemed vital enough that they will be voted through with little objection. The senator or congressional member gets federal money sent back to their district that they can point to during their reelection campaign as an example of their proficiency in helping Mr & Mrs Voter.

As an example of just how insidious this whole process is, I can point you to Citizens Against Government Waste, a non-partisian organization that tracks just such fiscally irresponsible nonsense as it applies to your hard earned (by you, not the your congressperson) tax dollars. They released their 2007 Indefensible Defense Pork list today that gives a glimpse into the inner workings of the used car lot that is the halls of our government on Capitol Hill. I'm not suggesting that some of these pork projects don't have merit. On the contrary, there are some very meritorious uses of our tax dollars contained therein, but they don't relate one wit to national defense or the military.

Here are some examples of your government at waste:

  • $1,600,000 for the New York Structural Biology Center - Rep. Charlie Rangel (D-N.Y.), and Sens. Hillary Clinton (D-N.Y.) and Chuck Schumer (D-N.Y.)

  • $3,000,000 for “The First Tee,” - House Majority Whip James Clyburn (D-S.C.) Aims to improve young people's lives by exposing them to the joys of Tiger's favorite sport.

  • An astounding $25,000,000 of your tax dollars for the Hawaii Federal Health Care Network, added by Sen. Daniel Inouye (D-Hawaii). I'm definitely not against Hawaiians being healthy, but how exactly does this qualify as a defense appropriation?

  • Inouye's other big earmark was $2,000,000 for brown tree snakes. Unlike some people, I actually like snakes, and wish no ill will toward the brown tree variety, but unless we can find some way to enlist them in special operations units for intelligence gathering or ambushing enemy troops, money for them does not belong in the defense appropriations bill.

  • $5,000,000 for Project SOAR, added by House Speaker Nancy Pelosi (D-Calif.), Rep. Bruce Braley (D-Iowa), and Sens. Chuck Grassley (R-Iowa) and Tom Harkin (D-Iowa). According tho their website, project SOAR “...development of literacy among preschool children in Head Start programs, as well as supporting teens and parents serving as Teen Literacy Coaches and Parent Literacy Leaders as they develop their own literacy, leadership, and employability skills” A worthwhile cause to be sure, but why exactly does it belong in the defense appropriations bill? The whole subject of funding education at the federal, instead of the state and local level is a subject for another debate.

  • $20,000,000 for historically black colleges and universities, added by Rep. Elijah Cummings (D-Md.) and Sen. Mary Landrieu (D-La.). Again, a worthwhile use of funds. Again, I'm a huge proponent of education. We need it to have the kind of employees that businesses need to compete in the world marketplace, and the innovative goods and services that America is known for. But again, how exactly does this relate to defense and the military? (unless the graduates of these colleges will all go to work on DARPA projects, developing new and innovative technologies to benefit our military)

These are just a small example of the (are you sitting down) over 2,000 such earmarks in this year's defense appropriations bill. Amazingly enough it actually represents a substantial drop over last year's version. Although this relates to the defense appropriations bill, your congressional members and senators play similar games with every other appropriations measure before them during the legislative session. Cannot our 535 members of the House and Senate stop this massive “Bridges to Nowhere” style of government that causes the waste of (many) billions of our tax dollars, that we have to dig to find out about? Citizens Against Government Waste are doing great work, stop by and check out the rest of the Pork. Hey, it's almost time for lunch!!



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October 29, 2007

- How Federal Taxes Affect Your Retirement Accounts

IRS headquarters building.jpgWith luck you're going to retire one day. With careful planning you're going to retire with substantial amounts of money in your retirement accounts. One of the things that will impact the ultimate success of those retirement accounts is how taxes will affect them. They can take a substantial chunk out of your nest egg, or a much smaller nibble, it's all up to how you, and your tax adviser choose to allocate your resources.

From a tax perspective, there are three broad classes of retirement vehicles; taxable, tax deferred, and tax exempt. Why wouldn't you just stick to tax exempt vehicles and avoid the whole tax issue altogether? Well, you could, and some have, but that limits your choice, and your probable investment return, in the name of federal tax savings. Vehicles such as tax exempt municipal bonds (munis) can offer an attractive option for investors, but typically the level attractiveness rises with the investor's tax bracket. Investors in higher tax brackets will avoid comparatively higher levels of taxation than lower income investors. For these investors, the avoidance of federal taxes may swing the pendulum more in favor of tax exempt investments. In many cases though, tax exempt investments offer substantially lower yield than other choices, and the reduced yield is not sufficiently compensated for by their exempt status.

Many more retirement accounts consist of tax deferred retirement instruments. These include traditional IRAs, 401(k) plans, 403(b) plans (403b plans are for public employees and non-profit private organizations), and Roth IRAs. There are tax differences between these three. The Roth IRA is taxed when the money is earned, but not when it is withdrawn, assuming you withdraw the funds after you turn 59-1/2 years of age. Prior to that age, you'll incur the wrath of the IRS in the form of a 10% penalty, in addition to any taxes you may owe.

Traditional IRAs and 401(k)s are similar in that they use pretax income to fund the plan, and then the retiree / investor is taxed when the money is withdrawn. If you are in lower tax bracket after retirement it is most advantageous to use a traditional IRA. Most people are in lower tax bracket after they retire, because the years immediately preceding retirement are usually the peak earning years. Most people will find that their situation warrants using a Roth IRA plan at the beginning, especially for the first 20 years or so of their contributions, when they are in comparatively lower tax bracket. If your federal income tax rate is the same at contribution and withdrawal, it does not matter when you are taxed. The results will be the same if pay taxes before you contribute, or when you withdraw. If you don't believe me, consider the following:
Traditional: Your 1st year $7,500 pretax contribution, invested for 40 years at 8% yield = grows to $162,934. You pay taxes at your income tax rate, as dictated by your taxable income. If you are in the 28% tax bracket (for 2007 = 28% on marginal income between $64,250 - $97,925) and we assume your actual tax rate works out to 22%, you'll lose $36,505 in income taxes on this portion of your distribution, bringing your after-tax distribution amount to $127,088.

Make the same assumptions for a Roth plan and you'll get the following:
$7500 – 22% taxes paid before contribution = $5,850 net contribution. $5,850 invested for 40 years at 8% = $127,088. See, I told you so. When it gets murky is when your tax rates are not the same, as is usually the case as your life progresses. You'll want to see a very competent tax and retirement adviser to assist you with your retirement planning so you can maximize your retirement assets and minimize your tax consequences.

NOTE: If you control how much money you take as distributions you can control not only your income tax, but have a very significant effect on how much taxes you on your social security benefits as well.

Which of these is best for you depends upon your specific situation.401(k) plans are company sponsored, while IRAs are private. The big advantages of a 401(k) is that the funding is automatic and comes right out of your paycheck. This can be a huge advantage for discipline challenged savers. The biggest advantage from an investment perspective is that many companies offer to match all, or portion of the employee's contribution. The power of this almost cannot be underestimated. It's really quite powerful, and can contribute substantially to a comfortable retirement. A traditional IRA is similar to a 401(k) for most practical purposes, except that the investor self funds the account and their employer has nothing to do with it.

Traditional IRAs and company sponsored retirement plans have another age requirement. You must begin to take minimum withdrawals (distributions) when you reach 70-1/2 years of age. Roth plans do not have this age restriction, so if you plan on bequeathing one of these to someone, this may be the way to go, as it can sit there, growing, after you're deceased. When the lucky recipient does begin withdrawing the money when the so desire, and pay income taxes on it with no additional penalties.

Traditional and on-line brokerage accounts are examples of non-tax deferred investment accounts. There also are some automatic pans such as Dividend ReInvestment Plans (DRIPs) where the dividends form a company's stock are automatically reinvested in purchasing more stock. With a DRIP, you will pay income tax on the dividends you receive in the year they are received, even if they are immediately reinvested. That is something to keep in mind when considering dividend paying investments that aren't tax deferred.


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October 15, 2007

- John Dingell – Little Man, Big Problems (for Your Wallet)

US capitol.jpgRep. John Dingell (D-MI) has unveiled his latest strategy to suck money from your wallet (and mine) in the form of a comprehensive tax increase package that promises to strip away one of the last tax breaks enjoyed by average Americans. To add insult to injury, he's proposing to increase federal gas taxes by an astronomical 272% for good measure. Of course he's doing this using the second favorite excuse of those who would raise your taxes, behind “it's for the children”, using instead, ”it's for the environment”.

Ostensibly Rep. Dingell is manufacturing this legalized robbery as an incentive for Americans to reduce that bane of human existence; carbon emissions. In reality it will burden the average taxpayer and the economy unnecessarily. A tax on fuel will hurt not only the driving public right in their wallet, but also every business that relys in any way on transportation. That covers just about every business. You know who will end up paying that increase in costs; again the average taxpayer, as businesses are forced to raise their prices.

Although many politicians are, on the surface about creating more jobs for their constituents, this increase will do quite the opposite. Every small business that will be forced to shoulder the burdensome gas tax will have to make a choice; where to cut back in order to pay the additional fuel cost. In many cases they will have to cut employment. Labor is the highest cost for almost every business, hence labor offers the largest potential for savings, as can be seen form the way many businesses rush to cut jobs at the first sign of an economic slowdown. This tax increase package will do it's best to create such a slowdown.

As many an environmentalist will attest to, economic activity invariably creates carbon emissions. What better way to decrease those emissions than to reduce economic activity? The problem is that the economic activity also creates the wealth required to develop technological solutions to environmental problems. In this case it will give the government a short term revenue increase. Long term, the huge gas tax increase will cause economic contraction, which in turn will cause reduced federal tax revenues. Fuel tax revenues will increase, even with the reduction in fuel use this tax will engender. Federal income tax revenues, both corporate and personal, will be hurt by this tax increase, however. If a rising tide raises all boats, the boats in this case will be doing their best Exxon Valdez impersonation.

I haven't even started in on that last tax refuge for the average American, the mortgage interest deduction. At a time when many Americans are finding it hard to meet rising mortgage payments, the esteemed Rep Dingell proposes to eliminate the deduction for the interest on those mortgages.Oh, those that can afford to will be able to buy their way out of it with that favorite refuge of wealthy environmentalists, the carbon offset credit.  Yes, he's proposing the phased reduction, to zero of tax deductions on mortgage interest, beginning on homes of 3,000 square feet. Of course Dingell is saying this is one way to reduce carbon emissions not only from the construction and operation of large homes, but also from the suburban sprawl that causes larger commute distances.

If he wants to reduce suburban sprawl, how long before he proposes a tax on large yards? After all, that contributes to sprawl and even causes increased carbon emissions due to greater mowing requirements. I'm legislation on that front won't be too far behind. Homes and yards, bad idea, stacks of condos with people living like chickens on a factory farm in the inner city, great idea in their view. Never mind that many small businesses, the source of most employment in this country, is located outside the inner city and never likely to relocate.

This is another attempt to grab the mortgage interest deduction, a tax deduction that some Federal lawmakers are loathe to allow Americans the privilege of keeping (much like their money). These legislators have been after the deduction for years, this time they're using the environmental angle to go after it. 3,000 square feet is hardly a castle, and I'm sure if this bill ever makes it to law, we'll see a flood of 2,999 sq foot homes and creative ways to circumvent the tax increase. Never underestimate the creativity of Americans, after all. Some of these may very well have the exact opposite effect that Mr. Dingell is trying to achieve. For example, there will be appearing many more detached garages with home offices and mother in law apartments above the garage, thereby removing them from the square footage of the home. Ironically, this will require larger lots, force homes farther apart, and create larger suburbs. Just another example of the more lawmakers meddle, the more they screw things up.

If you'd like to keep your mortgage interest tax deduction, and avoid the economic problems created by such a huge gas tax increase, write your legislator at once. You can find your congressional representative's contact information here: http://www.house.gov/writerep/


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October 12, 2007

- U.S. Federal Income Taxes – Should We Raise Them? Hell No!!!!! Take a Look

1040.jpgFor those of you out there that feel we are falling behind in tax revenues due to those infamous “tax cuts for the wealthy”, I can direct you to the figures for income tax revenues collected between 2003 and 2006, as thoughtfully provided by the Congressional Budget Office. Over 60% of the gains came from increases corporate income tax revenues.

Total Federal Tax Revenues Collected 2003 - $1.783T
Total Federal Tax Revenues Collected 2006 - $2.407T
 

As a percentage of the U.S. GDP, 2003 – 16.5%
As a percentage of the U.S. GDP, 2006 – 18.4%

I rest my case - We don’t need to raise tax rates.

So, to all you Democrats in Congress and the Senate pandering to the voters by caterwauling about those infernal tax cuts and how they have gutted our Federal Budget, kindly shut up. That’s not why we have a federal budget deficit. The majority of it isn’t due to the war on terror or our little excursion to Iraq, either, so be quiet.

To all you Republicans in our esteemed halls of the Federal government -Why the hell do you insist on spending money like frat boys at $2 Tuesday? Why don’t you try buying votes with your own money for a change, instead of using ours? If you would stop spending money growing government size and expanding government programs, and try improving government efficiency (??) and reducing freebies for every group you can find, we could actually use that money to pay off some national debt for a change.


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October 11, 2007

- How to Avoid Estate Taxes and Fighting With Your Relatives – An Irrevocable Trust

IRS building.jpgIt’s bad enough when a dear relative dies. That last thing you need is for that to precipitate a lengthy legal battle over the estate. When the relative dies, their estate traditionally goes through some legal gyrations called probate, where the decedent’s debts, taxes and assets are reconciled and their remaining property is distributed according to the will. To put it bluntly; what a giant pain in the ass.

Recently, to eliminate probate and its attendant hassles, Joe Average has begun to place their assets into a legal state of being known as an irrevocable trust. This removes their ownership from the assets. It’s is irrevocable, meaning whoever set up the trust (the grantor) cannot change it. In addition, they are supposed to lose control of the assets to a trustee, who is appointed to administer the trust’s assets. Because they no longer have ownership or control of the assets and they cannot amend or change the trust, they are not liable for taxes owed on any income earned by the trust from operations or the sale of trust owned property.

If one just wants to sidestep the whole probate mess, a revocable trust may be used. The revocable trust hasn’t the estate tax protections of an irrevocable trust, however. Correctly setting up one of these vehicles is extremely complicated. If one of these trusts would benefit you, your relatives, or heirs, it’s essential you visit a good tax attorney so the trust can be properly constructed.

The tax avoidance implications of trusts have led many people to make at best exaggerated, and at worst outright fraudulent, claims about how they can get you out of paying any taxes using trusts. While trusts are excellent for income and estate tax avoidance if done correctly, an irrevocable trust may not meet your other financial and lifestyle needs. In the last 5 years, as trusts have gained popularity, many people have perpetrated some outlandish trust based tax avoidance schemes on the public, and have ended up in jail for their troubles.

First of all, no matter what Art Porth and Bill Drexler have said, you do, in fact, have to pay income taxes to Uncle Sam. All those interstates and F-22s have to get paid for somehow. Leave aside for a minute how much taxpayer dollars are wasted through either inefficiency or government largesse programs, you do have to pay taxes. You can minimize the amount you legally owe, but you can’t just tell the government to F’ off. That’ll land you in a heap o’ trouble. So, if you know that going in, you’ll be better prepared to see through those tax shelter scams you may run into.

The problem with some of these scams is that they’re recommended by individuals or firms that you know and trust. What is unfortunate for you is that if you get led into such a scam, you could still be liable for not only the back taxes, but penalties, fees and other legal consequences. In January of this year the U.S. 9th Circuit Court upheld an earlier decision by a tax court that taxpayers are responsible for investigating their own tax shelters, so look out.

Some large companies that have recently gotten busted for incorrect tax filings, shelters, or outright fraud include tax preparation firm Jackson Hewitt, law form Jenkins and Gilchrist, and accounting firm KPMG. Many celebrities have been busted for tax fraud or evasion too, such as (actor) Wesley Snipes, (comedian) Richard Pryor, (congressman and Vietnam War hero) Randall Cuningham, (congressman) James Traficant, and (Survivor #1 winner)Richard Hatch, so simply being famous is no defense either. Bottom line; if sounds like a shady way to avoid paying your taxes, it probably is.


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October 08, 2007

- Homeowner's Capital Gains Tax Deduction and More Possibly Headed for Big Change

1040 IRS tax form.jpgIn a move to help homeowners that found themselves in a foreclosure or pre-foreclosure sales situation, the U.S. House Ways and Means committee passed HR3648 through to the floor of the house. The resolution is targeted at alleviating some of the pain felt by many homeowners recently as their adjustable mortgages have done what the homeowners have known they'd do since they signed the loan papers; adjust upward. In this case however, it really does amend a fairly egregious portion of our federal tax code that requires homeowners to treat any part of a mortgage forgiven by a lender as income for tax purposes.

As the tax code stands now, it works like this; your home is foreclosed upon and you owe more than your home is currently worth. This situation is increasingly common in the current real estate marketplace. You have few options in this case. On some occasions the lender will actually forgive a portion of your mortgage and allow you to avoid repaying it, but still consider your loan closed. Say you owed $300,000 on your home, but it's now only worth $275,000. The lender could forgo receiving the $25,000 difference between the selling price of the home and your loan balance. That would obviously benefit you, as you have no money to repay them.

The IRS however, sees that benefit as traditional income and wants to tax you accordingly. So, not only have you lost your home, you now owe the IRS more income tax. For example, you are married and file jointly and earn $66,000 a year. That would put you in the 25% tax bracket ($63,701-$128,500)for 2007. In your case, the IRS would increase your tax liability by 25% of $25,000, or $6,250. It's up to you to come up with that money. Where would you get it? Who knows, but in most cases homeowners in this situation haven't the means to come up with the money.

HR3648 would eliminate the requirement in the tax code that enables the IRS to tax homeowners in that situation. We all know however, like the big corporation they've become, the Feds are loathe to actually give up a source of revenue. This case is no different. In a move that is sure to rise the ire of some, while preserving the “tax the rich, feed the poor” ethos that brings them votes in November, the house has determined that a suitable target to retain the aforementioned revenue is the existing ability of folks with second homes to live in them for 2 years out of 5 and get a capital gains tax break.

As the tax code stands currently you can purchase a home as a second home, as for vacations or retirement, live in it for only 2 years of 5, and get the full $500,000 (filing jointly) or $250,000 (filing singly) exclusion on capital gains taxes. That tax exclusion will be amended to only allow the exclusion for the tie you actually live in the home as a primary residence. If for example, you live in a home now, but purchase a second, smaller home as a rental, planning to sell your current home and move into it upon retirement, you currently can by the home, rent it for 3 years, move into it for 2 years, and in the 5th year you'll be able to, for tax purposes, ignore up to $500,000 of capital gains.

So, if you bought the new home for $400,000, and 5 years later it was worth $650,000, weather you were filing singly or jointly, you'd not have to worry about paying any capital gains taxes (because the gain was only $250,000) if you had lived in the home as your primary residence for any 2 of those 5 years. If the code is amended you'd only be able to ignore the appreciation occurring over the last 2 years, when you actually lived in the home. So if the home appreciated from $400,000 to $550,000 in the first 3 years, you'd owe Uncle Sam a tax bill for the applicable capital gains taxes on $150,000.

If the bill passes into law (very likely), the committee estimates the Federal Government will reap about $2 billion in revenue per year from the changes. This is more than enough to offset the losses produced by the elimination of the mortgage forgiveness. Considering the increase in foreclosures is temporary, but people will have second homes for the foreseeable future, The Congress has done a nice job at securing additional tax revenue for the government. Goodness of their hearts? Possibly. Sucking more money out of the economy, and your pocket? Definitely.


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September 17, 2007

- Mass Transit – Big Lies and the Lying Liers Who Tell Them

sound transit train.jpgIn the egalitarian dream that is rapid transit, the one fact that always seems be omitted from supporters mouths as they expound on the benefits of such projects is the astounding magnitude of cost over runs and the fact that few of these projects ever finish even close to their initial completion date. To make matters worse, many of these mass transit projects fail to encompass even close to the scope of the original project. The Big Dig, the Puget Sound's Sound Transit, Chicago Transit Authority, and the Los Angeles MTA are somewhat famous for the scope of the cost overruns and delays plaguing the ambitious projects.

In many cases tax payers are either (blissfully) unaware of or have been outright lied to about the massive nature of the cost containment problems (nice euphemism, that) experienced by these transit projects. Too many of these projects are supported by those who deem themselves “progressive” in nature and feel that the “progress” they support justifies their vision of the future, cost overruns and misuse of the people's money be damned.

In Washington State's Sound Transit, the people approved a light rail transit project in 1996 that was projected to deliver to the voters about 25 miles of light rail and 25 stations at a cost of just under $2 billion. The completion date was claimed, at the time of the vote, to be 2006. Shame on the bamboozled voters for believing such nonsense. 2006 was actually closer to the start date of the project. To make matters worse, the scope of the project had shrunk substantially. Now the light rail project will only extend about 15 miles and have just over half the original number of stations in the plan originally sold to the voters. Oh, and the price has risen to over $4 billion.

If you approved a contract to have your next new home built and the project was supposed to provide you with 3,000 sq feet, 4 bedrooms and 2-1/2 baths at a cost of $250,000, and finished in 1 year, you'd be kind of pissed off when the contractor delivered you an abode of 1,800 sq feet with 3 bedrooms and 1-1/2 baths at twice the price in 3 years, no? That's the same way Puget Sound voters should feel now. But wait, it gets worse, much worse. According to the latest plan foisted upon beleaguered taxpayers in the region, to get something like the original plan will require, imagine this, more taxes.

How much of a tax increase you may ask? Well, in a Bostonian like stroke of tax dollar inflation, Sound Transit will ask voters in November to approve a plan that they claim will total over $28 billion in the coming 20 years. About 60% of that will be for transit projects, with the remaining 40% to be for roads. That sounds bad enough, yet opponents claim the actual cost of the projects is actually about $157 billion through 2057. Think about the magnitude of that number for just a second. $157 billion. That is the claimed cost of the project after all interest and inflation related costs have been paid. Proponents deride the number, claiming that it's just not fair to include interest and fees. They claim that the transit authority has the ability to reduce taxes after construction has been completed in 2027.

Give me a break, please. For one thing, why would you not include the entire cost of the project, including the interest and fees to be paid by the taxpayers for the life of the bond issue, in your cost projections? There's only one reason, to try and slip this boondoggle past the voters, just like they did in 1996. When you buy your next house, you're not really concerned about the interest on your mortgage, are you? The Sound Transit proponents are using a well worn tactic practiced by car salesmen the world over. Don't get them to look at the total cost. Forget the interest and just look at the shiny new car parked outside the showroom. Don't buy it!

Even if the the $157 billion estimate is too high by half, Washington taxpayers will still pay $60,000 per household to finish the project. For that kind of money, they could hire a car and driver to take them to work. The thing is, I suspect it's not too high by half. Looking at the problems that plagued the projects in Boston and LA, in addition to the problems facing the Puget Sound project to date, it's probably too low, if anything. Seattle's King 5 News had a program by Investigative Reporter Robert Mak describing the potential consequences of the latest rapid transit project to be put before the voters (taxpayers). See his blog about the program Up Front with Robert Mak, here. At this rate Washing State taxpayers will soon be paying a 10% sales tax.

In Chicago the city has been plagued with cost overruns and delays on the area's CTA projects for years. The latest involve the $150 million overrun of the originally $213 million Block 37 station. It';s only the latest in Chi town's transit overruns.

On a percentage basis, the king of transit related cost overruns is Boston's “Big Dig”. This massive project swelled from the originally projected $2 billion to over $14 billion at the time of the project's completion. The astounding omission of the Fleet Center in the preliminary design drawings (Cost to rectify, $1 million) to other design related overruns and scheduling problems alone directly accounted for, according to a Boston Globe investigation, of over $1 billion in excess costs.

When will voters wake up and realize that they are being lied to on a daily basis about the scope, costs and completion dates of almost every major transit project. If you're a Washington State resident, and your retirement account is too low, wouldn't an extra $60,000 be nice?


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August 23, 2007

- Make Your Votes Count More and Help Keep Your Taxes Low

voting booths.jpgToo many people feel their vote doesn’t count. The number of elections in this country decided by a sliver should dispute this notion, but wouldn’t it be great if there was a way to get your vote to count for 2 or 3 times what is usually does? You may still feel that your vote doesn’t count, but then you’d be twice or three times as wrong as usual with such a statement.

How the hell are you supposed to pull that off, minus some creative ballot box stuffing or other election shenanigans? It’s pretty easy, really. Just cast a vote in the oft-neglected primary elections. In many primaries the voter turnout is downright abysmal; on the order of 15 – 20%, sometimes even lower, especially in an off year contest. That means your vote will count for 3 times as much as when the voter turnout is 45 – 60%. The reasons for the low voter turnouts are, for the most part, fairly simple. The electorate tends to view the primary as less important than the general election, and the primary elections are far less publicized than the general election. You typically don’t see multi-million dollar campaign expenditures in a primary.

There are, however, many important issues decided during many primaries, not the least of which is who the hell you’ll get to decide between in the coming general election. Some of the smaller primaries may be even more important to you at the local level, as many tax issues are on the ballot during this time. Tired of your property taxes going up and up and up? Maybe you should have taken a trip to the polls to vote down the levy or other tax inducing legislation when they were on the primary ballot.

A bit of campaigning to friends, relatives, and associates could magnify your influence even more. Get a group of like minded voters headed to the polls, who otherwise might have stayed away, and your ARM may be the only thing going up, not your property taxes.


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August 20, 2007

- Free Health Care For All - About Time?

hospital.jpgEveryone seems to complain about how much of their annual budget is spent on health care these days. Many long for either nationalized or single payer systems like most other industrialized nations seem to enjoy. The list is long and distinguished; Canada, England, Sweden, Australia, etc. Citizens of those nations simply have better health care available to them and they haven't a worry about paying for it. That would be great for us too, free health care. We should all enjoy something like this. After all, everyone has a right to health, and we should take care of seeing to it that everyone enjoys their right to health care.

The problem is that the whole “free health care for everyone” thing is an egalitarian fantasy. One only needs ask any of the thousands of Canadians who flock to U.S. doctors and hospitals every year seeking to circumvent the long wait times encountered in the Canadian national health care system. It's not that Canadians don't spend money on health care, either. On the contrary. They actually spend an astounding 9.3% of their GDP on it every year. BC and Newfoundland are projected to spend a full 50% of their provincial budgets on health care this year and Alberta will reach that dubious milestone in the next 4 years. The Canadian Taxpayer's Federation, admittedly an organization with an agenda, reports that in some provinces, the percentage of a Canadian's tax burden derived from health care is as high as 40%.

According to a recent study by the World Health Organization (WHO), Canada ranks 30th out of 191 countries studied with respect to the quality of national health care systems. The WHO even went so far as to state “Canada does not have the best health care system in the world”. For example, Canada ranks among the lowest among industrialized nations in the number of Physicians per 1,000 citizens, at 2.14. As a means of comparison, the U.S. has 2.56. This is still far below some of the leaders in this regard, such as Switzerland (3.61), Russia (4.25), Italy (4.20), or Belgium (4.49). Some of this can be attributed to the compensation afforded to Canadian physicians according to the Canadian health care system.

More troubling is the average wait time experienced by those under such systems as found in Canada and England for basic life saving procedures, such as an EKG. If you have a heart condition, this is basic diagnostic tool that should be available to your physician immediately. According to a recent study published in the New England Journal of Medicine, the average wait time experienced by Canadians seems rather long to those raised with the the U.S. health care system. For example the average wait time in Canada to see various specialists, after seeing one's GP are as follows:

  • Internal Medicine - 4.5 weeks

  • Medical Oncology – 3 weeks

  • Urology - 7.5 weeks

  • Neurosurgery – 11 weeks

  • Opthalmology – 14.3 weeks

  • Orthopedic Surgery – 14.7 weeks

That seems like a fairly long wait, but should the specialist determine that additional treatment is indeed required, be prepared to wait even longer. For example some of the average wait times reported in the NJM include:

  • Internal Medicine - 6.3 weeks

  • Medical Oncology - 2.6 weeks

  • Urology – 5.3 weeks

  • Neurosurgery – 7.8 weeks

  • Opthalmology – 13.1 weeks

  • Orthopedic Surgery – 25.3 weeks

Imagine upon being told by your physician that you indeed have a brain tumor (after waiting 11 weeks to see the neurologist in the first place), that they'd be happy to fit you in at the earliest opportunity; 2 months from now! Or that that, after already waiting over 3 months to get a specialist to look at your failing vision, they would be able to start corrective surgery for the problem in only 3 more short months!

It's not that Canadians spend an erroneous amount of money on their health care compared to those in the U.S., either. Actually, Canadians spend about $3,300 per capita on health care, whereas Americans spend over $5,600 (2003 figures, according to the Organization for Economic Co-operation and Development's 2005 study). It's that they aren't getting a good value for their dollar. It matters not that they spend comparatively little compared to the U.S., it's that their health care dollars are not buying them ready access to services.

Despite what some would have you believe, American's do spend a large portion of their money on publicly funded health care. Over 44% of American health care in 2003 was financed with public money. In Canada, the figure was just shy of 70%. The biggest problem in the U.S. is that many people simply do not have health insurance, about 46.6 million (15.9% of the U.S. population – both figures according to the 2005 U.S. census report) at last count. Some of the uninsured were so by choice. Many workers, especially those young, single, and feeling invincible decline to accept employer sponsored health insurance, preferring to take their chances. In fact, a 2005 study by George Washington University's National Health Policy Forum found that 35% of workers at small companies (3 to 199 employees) declined health benefits, although employee monthly costs averaged only between $43 (single coverage) and $282 (family coverage). At all size firms firms the average cost rose to $308 and $829 respectively.

The cost of health insurance is steadily rising, prompting employers to look at new and unique solutions to the problem. On of these is to join with other small businesses to form insurance buying co-ops. This allows the businesses to be eligible to participate in a larger group plan than they'd otherwise be eligible for.

One thing is for sure, we need to look at new and unique solutions for the health care problem. One thing that many Americans seem to not want to do is to view the whole thing as a personal responsibility issue, preferring instead to view it as a government problem. It's been ingrained into the minds of many that access to health care is an inalienable right, like free speech, the right to bear arms, or the freedom to assemble. While that would be fantastic, the fact is that health care costs money, and plenty of it. Everybody needs to make the determination of how much money they feel it should cost, and where those funds should come from. Remember, medical schools is expensive, time consuming and ill suited to many. Remember too, that all those shiny, computerized medical miracles strewn about modern hospitals are extremely expensive to develop and procure.

Paying for health care, weather at the governmental level or individually won't get any cheaper. If the government pays for it, you are still paying for it. Those who pay no taxes relish in this idea. Those of us who do, may want to look into the whole issue a bit deeper. If we get $829 worth of health insurance every month, but our taxes increase by $1,100, is that a good value, or just the price we'll have to pay?


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June 25, 2007

- Capital Gains Tax Strategies - May You Forever Need Them

dow jones industrials.jpgAlthough some investors may be able save big on capital gains taxes for the next 3 years, only a few will be so blessed. If you’re at, or close, to the bottom of the income ladder, you’ll be able to save 100% on your capital gains taxes. Don’t drop your lunch though; those eligible for the savings aren’t the ones in the 15% capital gains tax bracket. If you are currently paying 5% on capital gains, you’ll be able to forego chipping in for a while, but you have to do your homework first. Remember, there are long term capital gains and short term capital gains. Short term capital gains are those from investments held less than 12 months. These are taxed at your income tax rate, which is almost always greater than the capital gains tax rate. 

The bad news is that, unless the lower tax rates are extended by congress, they’ll revert to where they were in 2003. That means you’ll go from paying no capital gains taxes to vaulting right past the 5% rate, and jumping up 100% to 10%. For those in the “no more Bush tax cuts for the wealthy” crowd, these tax cuts definitely don’t apply as “for the wealthy”. If you’re single and earn over $31,850 in 2007 (more for 2008), you’re ineligible for the 0% tax rate.

You’ll be stuck paying the higher 15% capital gains taxes. If a $31,850 makes you feel wealthy, you’ve elevated frugality to whole new level and are to be congratulated. The income level is effectively less than $31,850 because the sale of stock bonds and mutual funds will generate income that’s added to your other earned income. Together, the combined dollar amount can easily be over $31,850.

How else can you save capital gains taxes besides cutting your income below $31,850 a year? Capital gains taxes will be owed any time you sell a highly appreciated asset, weather it’s a collector car, investment portfolio or real estate. In addition, you’ll have to pay capital gains taxes on the sale of your business. The last one really hurts. You work hard for decades, put in blood, sweat, and tears, and then owe the government around 25% of the profits on the sale.

Capital Gains Tax Savings Strategy #1
Hang around for a while. To avoid paying capital gains taxes on a piece of real estate, you must live in it as your primary residence for at least 2 years. If you’re single or married and filing separately, you’ll get to exclude $250,000 of capital gains on that property. If you are married and file jointly, the exclusion jumps to $500,000. That means no flipping if you want to avoid paying your 15% to Uncle Sam. That works great for single family residences, but that strategy is harder to apply to commercial property or multi-family complexes.

The one thing that may people fail to realize is that it doesn’t matter when the property appreciates, as long as it is the primary residence for at least 2 of the last five years of ownership. This means you could buy a house then live in it for 2 years and sell it, or buy a house, rent it out for 3 years, move into it for 2 years and then sell it. There are many combinations that would qualify. If you owned 2 or more properties, you could live in one of them for two years, sell it and move into another for 2 more years, sell that one and move into another of your properties……you get the picture.

Capital Gains Tax Savings Strategy #2
Trust me. One Time honored strategy to defer capital gains taxes is through the use of a irrevocable domestic non-grantor trust. Such a trust is a legal entity that will allow you to defer capital gains taxes according to IRS supplied mortality tables. For domestic trusts, this time period can be up to 20 years and for international trusts, the time period can be up to 30 years. This is a vehicle that requires an advisor well versed in all its idiosyncrasies. Such tax deferment vehicles are extremely complex, yet very effective.

To ensure you not only receive the maximum benefit, but also that a trust is correctly set up, you need to spend time with someone other than your uncle Harold that has an account in the U.S. Virgin Islands. When done correctly, these trusts will also allow you to defer not only capital gains, but also all income taxes on reinvested assets. “Done correctly” is the operative phrase here. An additional benefit is the possible elimination of inheritance and transfer taxes.

Capital Gains Tax Savings Strategy #3
Plan for success. You have to plan for your capital gains taxes in order to properly, and legally defer or avoid them. Often a good plan hinges on legal structures that must be in place before you make your gains. In addition, you can make decisions that, once made, cannot be undone and can cause you to be facing a hefty IRS payment. This definitely applies when deciding on a time to sell or convert assets.

For example, if you have a large block of stocks or funds purchased at various times throughout the past few years, you may sell a portion of them. If you inadvertently sell assets purchased recently, rather than those purchased farther back, you can be facing a hefty tax bill. To avoid this being treated as a short term capital gain you must notify your broker of your intention to divest yourself of a block purchased farther in the past. The broker must be notified before you place your sell order, unless you’d rather pay income tax, rather than be liable for capital gains taxes, which are not only lower, but can then be deferred according to your capital gains tax strategy.

Capital Gains Tax Savings Strategy #4
Double Down. No, not in Vegas. Doubling down refers to the practice of repurchasing a stock after selling it at a loss for tax purposes. If you have an unrealized loss, but feel the stock is sound, and will turn around, you can sell it and take the loss for the purposes of reducing your capital gains taxes. You must then wait more than 30 days before you repurchase it to avoid the sale being termed as a “wash sale”. A wash sale is when an investor sells an investment only to repurchase it again within 30 days. In such cases you must deferred and, to make matters worse, the cost basis of the investment is raised to reflect the new amount. This can easily cause you to lose out on a loss you were counting on to reduce your tax liability.

Capital gains taxes are a very complicated subject. There are some very effective tax reduction, avoidance, and deferment strategies available that apply to capital gains taxes, most of which are not mentioned here. They are best left to experts in this specific field. Many accountants and attorneys haven’t the expertise to tackle capital gains taxes to ensure you have the most advantageous result. Here’s hoping you need one of them.


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June 14, 2007

Federal Income Taxes – The Man Who Made Them So Darn High

IRS building.jpgYour federal income taxes; chances are that unless you have to write a check to the IRS on April 15th at 11:59pm, you don’t give them too much thought. That’s by design. Imagine if you actually had to write a check for them every month, quarter or year. Think about that for just a second, if you will. “Mr. Johnston, your federal income taxes for this quarter are $4,500. Please make your check payable to the Internal Revenue Service.” 

If you’re like most Americans, that would be a pretty unpleasant check to write every 3 months. If you made around $60,000 a year, that’s what you’d be looking forward to. Sure, you could do it monthly and make the check out for $1,500. If you waited until the end of the year, you’d cut the IRS a check for $18,000. Ouch! Not only would it be hard to write those checks, many Americans wouldn’t have the financial discipline to actually have that much money in their checking accounts. Boing, Boing. Boing. You’d have checks flying around the country like so many super balls.

That’s just what Americans did until 1943 when congress approved the federal withholding system for income taxes. Until that year, you actually had to write the IRS a check for your income tax. There was no such thing as the withholding system for your taxes. The withholding system was a nefarious system designed to enable the federal government to extract a greater sum of tax revenue from the people with a minimum amount of fuss.

Even then, before the advent of the 3,000 credit card economy we know today, Americans thrived on convenience. If it was sold as a convenience, it was an easy sell. For many the same is true today. The brilliance of the plan on the part of the federal government is that not only is the system convenient, it’s much more painless for the taxpayers to never even see the money, yet alone actually write the check. That enables them to extract a larger amount of money before the tax paying public will miss it. It’s much the same if you invest a portion of your paycheck every month (like you should). If the cash is diverted straight to your retirement account, whatever that may be, you never even miss it.

The man responsible for this little bit of fiscal psychology was a gentleman named Beardsley Ruml. He was many things, among them chairman of Macy’s department store and chairman of  the New York Federal Reserve Bank from 1937 to 1947. He had a PhD in psychology from the University of Chicago, which he put to good use throughout his career, with his most lasting achievement being the tax withholding system we so love today. You know the feds love it. Imagine how difficult it would be to tax the public if they actually felt the money come out of their pockets. The taxpayer might actually demand some accounting of how their money was being used. Wouldn’t that be a fiasco?

To find out how tax friendly your member of congress is, you can go to the National Txpayers Union, an organization of 350,000 members looking out for your tax health. Here are their tax ratings on congressional members.


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April 16, 2007

- Top 5 Tax Filing Mistakes - Some Are New For 2007

1040.jpgWell, tomorrow’s the day. The one so many Americans dread every year, April 15th. Wait, this year it’s April 17th. Why is the tax filing deadline delayed this year? Everyone can thank our friends in New England for the two day tax reprieve. It seems that they have a little holiday in that part of the country known as Patriot Day. No, it’s not Tom Brady’s birthday, either. But, since the traditional tax filing day is on Sunday this year, and the following Monday happens to land on Patriot Day, we all get an extra day to have our taxes in to the IRS.

Here are some of the most common mistakes the IRS finds when opening those last minute tax packages.

Tax Filing Mistake #1 - Failure to sign the tax return. Remember, if you’re filing jointly, both spouses must sign and date the return. Just take one last peek to be sure everybody signed on the dotted line.

Tax Filing Mistake #2 – Failure to enclose your W-2. As with mistake #1, remember if filing jointly, you both need to enclose your W-2 forms to keep the Feds from going into a tizzy.

Tax Filing Mistake #3 – Failure to enclose payment. Remember, even if you’re filing an extension, you still need to pay what you think you may owe. If you really don’t have any money, you can ask for an installment plan, or if you can prove hardship, you can file IRS tax for 911 to ask for a waiver. Be prepared to prove it.

Tax Filing Mistake #4 – New for this year, forgetting the Federal long distance tax refund. More than half the people who were eligible for this failed to claim it. That’s a $60 dollar mistake. The money is yours for the asking, a rare thing from the IRS, agreed?

Tax Filing Mistake #5 – Missing out on deductions for state sales tax, tuition, and educators out of pocket expenses. It’s relatively easy to miss these deductions, because congress screwed around so long there wasn’t time to include them on printed tax return forms. Maybe that was the plan all along? In any case, these could add up to substantial money back for you, so make sure you include them in your calculations. See here for more information on how to claim these deductions.

What the hell are you still reading this for? You’re late, go get those taxes filed.

 


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April 10, 2007

- Your IRA Contributions are Due on April 17th

Here's just a brief reminder. Your IRA contributions for 2006 are due by April 17th, 2007. Make sure you don't miss the IRA deadline.


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April 04, 2007

- A few last minute tax deductions

1040.jpgFor you stragglers, the tax deadline is just about to move to the “came and went” category. If you haven’t filed your taxes yet, here are a few last minute things you should check to keep Uncle Sam’s mouthful as low cal as possible. Maybe you can use these to inch yourself a little closer to being debt free.

Mortgage Interest Points -
Remember that any points you paid to lower your mortgage interest rate are deductible, but only in the year you actually paid them. Ditto points paid for a home improvement loan.

Student Loan Interest –
There’s no reason you should not be deducting interest paid on student loans as well. Interest paid on the first 60 months for qualified student loans made after 1997. The 60 month clock starts ticking the month your loan enters mandatory payment status. If you stop making those loan payments for reason, save forbearance or deferment, it doesn’t matter, that clock keeps on a’ tickin’. The deduction applies for those of you making an adjusted modified gross income of less than $65,000 (filing singly) or $135,000 (jointly). I guess the Feds feel like you physicians out there don’t really need the deduction to help with the interest on your huge student loans.

One more thing; student loan interest paid by a third party is now deductible. If you’re the party legally obligated to make the payments, you can claim the deduction, even if the interest payments were actually made by someone else. No, you both can’t claim them.

Self employment taxes -
Those of you working for yourself can claim half of your self-employment tax as a deduction. The income can include S-corp wages, net profits from schedules C or F, or guaranteed partnership payments. There’s no need to itemize in order to claim this deduction.

Education tax credits -
You can claim one of two available education tax credits; either the Hope Credit, or the Lifetime Learning Credit. These credits are available for you, a spouse or an eligible dependent. These are figured using your "qualified tuition and related expenses" for each student and the total of your modified adjusted gross income (modified AGI). The Hope Credit is for those full time students not having been convicted of a felony that are enrolled in the first two years of a degree program. (I’m serious, really)

The Lifetime Learning Credit is for those enrolled in a program to acquire or improve job skills, weather it’s a in a collegiate setting or at a trade school. Collegiate programs for graduate level education are eligible for the credit too. It also applies for part time students; great news for those of you in the work force while attending school.

Hopefully you filed your taxes already, and took every last deduction, exemption and credit you were entitled to. Here’s also hoping you didn’t get too big of a refund, because if you did, you lost out by letting the Feds invest your money for the last year, instead of investing it yourself.


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March 06, 2007

The AMT – Why It Sucks & How You Can Avoid (Not Evade) It

amt graph.jpgAt the time, it seemed like a great idea. Stop those that make a ton of money from skipping out on paying their fair share of taxes and transferring their burden to other American taxpayers. Congress' answer to these guys was the Alternative Minimum Tax. It was pretty logical, remove the loopholes and deductions the high income tax payers were using to pay virtually no, or no taxes. By 2010 however, the “great idea” will trap an estimated 17 million American taxpayers, and I bet most of those aren't rich by any stretch of the imagination. I posted about the AMT last year, and it's time to reexamine it once again. Maybe I should have done this a few months ago, but oh well, here goes.

When the fact that 200 rich folks weren't paying any taxes way back in the mid 1960's was brought to light, the public got all riled up, and congress passed the AMT overwhelmingly. The problem is that when they did so, few people had ever heard of things such as incentive stock options, and few regular folks made $70,000 - $100,000 a year. Well, this is 2007 and that sort of thing happens all the time to regular folks. You don't have to own a hugely successful business, or be a Fortune 500 corporate executive to rake in $90,000 a year, like you did in 1969.

Basically, the AMT allows the IRS to tax you at a flat 28% if you make over $175,000 in gross income, or if you make over $87,500 and are married and file separately. For the rest of Americans, a 26% tax rate applies. How it works is this. Every taxpayer is supposed to figure your taxes twice. The only deductions the IRS deems acceptable under the AMT are mortgage interest and charitable contributions. You the apply the flat rate to figure your tax. You then pay, you guessed it, the higher of the two tax bills.

What really sucks for the average American taxpayer is that the things that don't count in your favor, and typically ensnare taxpayers are, are you sitting down, the standard deduction, property taxes, exemptions for family or children, and any state and/or local taxes you might have paid. The IRS really doesn't care a bit that you paid a huge state or local tax bill, you can't deduct your state or local taxes when you figure what you owe under the AMT. Another thing that bites more and more American taxpayers every year is the fact that you can't deduct the interest on a home equity loan, a financial instrument used by more Americans all the time.

So, how do you avoid paying the AMT, and just pay your nice, familiar income taxes? Here are some things you need to watch out for that can trigger the AMT. The key is to accelerate income and defer deductions to the years where they'll the most advantageous.

Common AMT Triggers

1 - Incentive stock options – ISOs have probably caused more people to feel the pain and suffering of the AMT than anything else, especially in the early part of this decade when so many were exercised as part of the Internet boom. With ISOs an employee is granted the option to purchase stock at a set price, typically the lowest price in the year the options are granted, or in some cases, a contractual figure in the employment agreement. The difference between the fair market value on the day the options are exercised and the option price can be treated as income and liable to the AMT. If the exercise price is too much lower than the fair market value that can be a huge number. You'll can get really screwed if the stock drops in value after you exercise the options. Why? Because in the sick and twisted logic of the AMT, the exercise price is a realized gain, and you should pay taxes on it. So, if you are granted 40,000 options at $.50 and exercise them at $6.50, the IRS thinks you made $6.00 a share, or $240,000. If you then sell the stock, but by then the stock has fallen to $2.00, you'll only net $80,000, but be taxed on $240,000. If you're paying the AMT's 26% rate, that's a $62,400 tax bill, just for your stock options.

You'll really get yourself into trouble if you hold the stock past December 31st of the year you exercise the options. If you sell before December 31st, you are only liable for the income produced by the difference between the fair market value and the sale price of the stock. So, in the above example, you'd only owe tax on the actual profit of $1.50 share x 40,000 shares = $60,000. In addition, options sold before December 31st don't trigger the AMT. Also, if you hold the stock longer than 1 year, you'll pay capital gains tax, currently a flat 20%, not income tax. You need to exercise your options gradually, rather than all in one fell swoop, to avoid the AMT.

With this one you'd better see a very qualified tax professional, or two, who has expertise in this specific area. One small mistake can cost you thousands or hundreds of thousands of dollars.

2 - State Taxes – If you're one of those people, such as a sales rep, that has cyclical income, it's common for you to have a high income year, followed by a low income year (See, I know what cyclical means!) depending upon your commission structure. If that's the case, you can time your state tax payments to coincide with your higher income years. That way there's a better chance your income will be below the AMT trigger point, where you can lose the effectiveness of the deductions. To make this strategy effective, you must pay your state and local tax bill by December 31st on your high income year. Then you can deduct them in that higher income year, because that's when you paid them. That strategy is known as accelerating your payment.

Call your legislators and get them to stop the madness before it's too late. You can find out who your congressional representative is here:

http://www.house.gov/

Just enter your zip code in the search box at the top left to check who represents you in the house.






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February 28, 2007

Make Sure You Get That Little Extra Tax Refund

IRS headquarters building.jpgThis year the IRS has decided to bless American taxpayers with a little bit of extra love. Nearly everyone will be eligible for between $30 - $60 of additional money back, depending upon their number of exemptions. The money's coming back due to a Federal court decision that excise taxes were being incorrectly applied, and thus must be refunded. Sadly, the decision only affects taxes paid for the last three years.

You're eligible of you paid any long distance telephone bills during the period after Feb. 28, 2003, and before Aug. 1, 2006. If, like many American taxpayers, you've already filed your taxes and are awaiting your refund, don't file an amend return. It'll only confuse the issue and delay your refund. Instead, after you've received your refund, file IRS Form 1040X, and the IRS will respond with a nice check for you. If you've yet to file (slackers!), I can call your attention to the following lines on your tax forms

If you feel the refund is not enough, and you're sure you paid far more than the standard the IORS is allowing, you can wade through all your phone bills and actually add up what you paid, and the IRS will refund it. Unless you are a long distance talker extraordinaire, the time it will take to accomplish this will probably not net enough additional money to make it worth your while. Although the refund's not much, and it would be nice if it went back farther, tax refunds are like pizza and sex, even bad, they're still pretty darn good.


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February 12, 2007

How Not to Get All Your Tax Refund

1040.jpgIt’s kind of funny, really. Many people who scoff at payday loans and would never use a payday loan to supplement their finances think nothing of using another financial instrument that’s basically the same thing. Loans with interest rates bordering on usury and very short terms are a staple of the payday loan industry. Even if the interest rates themselves aren’t that high, the APR, which includes the associated fees, shows that the effective annual interest rate can reach around 400%.

So what is this other bit of financial razzle-dazzle so many are partaking of these days? They’re the loans that many folks are taking out in order to spend their income tax refund today, rather than next month. Known as tax anticipation loans, they are offered by many income tax preparation services, such Jackson Hewitt (who just agreed to pay $5 million in fines and restitution for incorrectly marketing such loans to Californians) and H&R Block. Around 10 - 12 million American taxpayers every year take preparers and finance companies up their offers of tax anticipation loans. If J-H paid $5 million in California alone, it makes you wonder how much cash they really should be paying nationwide.

Refunds are available quite rapidly these days due to the option offered by the IRS of e-filing your tax return. Even that’s not fast enough for some. In many cases it’s because of the same mentality that causes so many people to run up mountains of credit card debt. They want to spend the money now. That’s it, plain and simple. In some cases there are financial emergencies to deal with, but more often than not, it’s a pure lack of financial restraint coupled with poor fiscal discipline.

Those traits combine to make many Americans just throw money away just so they can get their money a little faster. That’s what’s so discouraging. So many people are paying extra to get what is, after all, their money. Think long and hard before you take this financial road. The money you’re throwing away is your own.

 

 


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December 15, 2006

Changes Are Afoot For Your 2007 Taxes

form 1040.jpg

There Are Some New Tax Laws in Town

To reach your goal of becoming debt free, one of the best tools at your disposal is lowering your expenses. Like many Americans, your tax bill is a pretty significant expense. Here are some assorted, new tax laws and tax code revisions that could affect your tax bill for 2007.

 

401k and Retirement Account Tax Law Changes

Hopefully no one close to you will die in the coming year, but if they do, and they have a 401k, the IRS will now let a beneficiary roll it over into a qualified retirement plan. They can perform the roll over even if that beneficiary is not the spouse of the deceased. This goes into effect Jan 1, 2007.

Don’t get too excited however, because the retirement contribution credit, first phased in for 2002, expires after 2006, so you’ll not get to take advantage of it for 2007. They didn’t totally forget about the working person, however. The

Income limits for deductible IRA contributions was increased up to $100,000 for married filing jointly, and $60,000 for singles.

Federal lawmakers passed the Pension Protection Act of 2006, in, appropriately enough, 2006. One provision in the Act allows employers to reverse the way 401k plans have traditionally been conducted. In the past, you had to opt in to a 401k, now they can assume you’re in, unless you inform them otherwise. That’ll be a perfect way for many retirement planning averse individuals to get some tax deferred retirement savings.

Another provision in the new Pension Act lets the IRS deposit your tax refund directly into your IRA or other qualifying retirement account, again, great for those who just don’t plan for retirement. Now they don’t have to, but they’d better have someone do their taxes who’ll get them a healthy refund every year.

The Dolphin State repealed the Intangibles Tax beginning the coming year. As of Jan 1, 2007, Florida is even more appealing for retirees from the north, because they’ve repealed their tax on various assets the state deemed intangible. According to the State of Florida: “"Intangible personal property" is defined as all personal property which is not in itself valuable, but derives its chief value from that which it represents, including but not limited to: stocks, bonds, mutual funds, money market funds, loans, notes, and certain accounts receivable.” So you can save some money there.

The “Saver’s Credit”, which would have waved bye bye at the end of this year, has been extended for 2007 and beyond. This little bonus for savers can lop a G off your tax bill if you save enough. The eligibility threshold for this low income deduction will also be indexed for inflation now.

 

Business Tax Changes

If you own a franchise in Joisey, prepare for a bit of a tax hike. For the next three years, the Garden State says you’ll be paying a 4% surcharge on your tax bill. Thankfully it’s only on your tax bill, not your sales.

If you’re an Eagles fan instead of a Giants fan, however you’ll see a small bit of tax relief. The City of Really Good Sandwiches has lowered the Business Privilege Tax rate on gross receipts down to 0.175%. Yipee!

According to the IRS there are changes in Section 179 property deductions for 2007. The maximum deduction for property placed in service in 2007 is increased to $112,000 for qualified property. This limit is reduced by the amount by which the cost of section 179 property placed in service during the 2007 tax year exceeds $450,000. Got that? If not, you can see the IRS website for how to depreciate property here: IRS 179 Depreciation Guidelines

The standard business mileage deductions for operating light vehicles such as cars, vans, pickups, or panel trucks will be increased to 48.5 cents per mile for 2007.

Speaking of business taxes, the Tax Foundation ranks Wyoming, South Dakota and Alaska as the 3 most favorable states from a tax perspective for 2007. On the other hand, you’ll be hating life if your business is in New Jersey, Ohio, or Rhode Island.

For all you Cornhuskers, cities throughout Nebraska are imposing brand new sales and use taxes beginning in either January or April of 2007. They are following others that began imposing such taxes and fees in October. If you’re lucky enough to live Hastings, NE though, yours are going to drop 33%.

 

State Income Tax

Some states actually decreased tax withholding beginning Jan. 1, 2007. Among these are Hawaii, Minnesota, Utah, Maine, and North Dakota.

 

Charitable Contribution Changes

The IRS has enacted some shall we say, revisions, to the way you’ll be able to figure tax deductions for charitable donations beginning in 2007. It doesn’t get any easier to give away your hard earned cash, either. Now, for example, you’d better keep the cancelled check if you want to deduct your $100,000 to the Red Cross. The charity could also screw you if they fail to use a donated item in a non tax exempt way and the IRS finds out about it. Now, they can come after you to get back any tax benefit you may have received. Ouch! This applies to donated items to which fair market value was claimed.

If you give cars to charity, you know that beginning in 2006, you could only deduct what the charity actually received for the vehicle. Now the IRS is gunning for other non cash contributions as well. Now, if you give clothes, furniture, or other non-cash contributions, you’ll have to fill out a Form 8283, for Non-cash Charitable Contributions, and send it in with your tax return. The examiner will have a  bit more literature to peruse when he’s looking at your return and evaluating your deductions.

There are many more changes and adjustments to taxes for the coming year. Sit down with your tax preparer, or software, now to ensure you’re planning for the minimum tax bill in the coming year.

 

 

 

 

 


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December 11, 2006

A Little Christmas Present From Uncle Sam and the 109th Congress

1040 IRS tax form.jpgHooray! Hooray! In one of their last acts of kindness, the outgoing Congress gave a Christmas present to members of 9 states in the form of one of those pesky tax cuts. But, just because they were passed by a Republican legislative body, don't think it was only for the wealthy. In fact, common taxpayers in states with sales tax, but no income taxes, were about to get royally screwed if the cuts weren't passed, due to their high sales taxes. So next time you think that the evil Republicans only pass tax cuts for the wealthy, take a look at this one, if you will.

Joe/sephene taxpayer in the following states: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming are burdened with state sales taxes. In case you've never taken the time to sit down and figure it out, sales taxes are regressive because lower income people spend a higher percentage of their money. The money they spend on essentials accounts for a great portion of their income. In some states, such as Washington, citizens are allowed to forgo paying sales tax on food (not restaurant meals), but even so, housing and other expenses chew up the lion's share of the family budget.

Paying 7% - 10% to the state before you chip in to the Federal coffers is quite a tax bite for lower income families. Income taxes can be adjusted to be disproportionately lower for those lower on the income ladder, while sales taxes can make no such distinctions. You just pay the man. So when you're enjoying the $300 - $700 tax exemption gift you received for Christmas this year as a present from the 109th Congress, say a big “thank you.” to your legislators (for once).


Others will be receiving a bit of tax relief as well. If you're buying a new home, you get to share in the outgoing congressional generosity too. Beginning in the 2007 tax year, you will be able to deduct mortgage insurance (PMI) premiums before figuring your annual income. So before you get your equity to home debt past 20%, which in some areas of the country is about 45 minutes, but in others might be 10 years, you'll have a little tax deduction to help your financial picture a bit.


If you are instructing our nation's little ones, you no longer have to foot the entire bill yourself for out of pocket classroom expenses. It's sad that teachers must actually pay classroom expenses out of their pockets in the first place, but at least they can now get a little Federal tax break for doing so. Just don't spend over $250, that's the tax deduction limit for this expense. It's an “above the line” deduction, so even if you're young, idealistic, and don't yet itemize, you can still take advantage of it.


See ya' 109th, we'll miss you (but not the massive level of spending to which you committed us).


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June 20, 2006

Get a Healthy Tax Deduction? You'd Better Check First

old car.jpgIt sounds like a great idea; you give that old, rusting, P.O.S. you’re currently using as a weed haven to a charity and get a nice tax deduction. This is another case of looking before you leap. Because of recent changes in the tax code wrought by U.S. (HR 4520), section 731, you can’t always get what you think. In the past, it was pretty simple, you had them haul away old Betsy and you got a clean yard and a deduction for the fair market value of the car. The car was valued as if it was in working order, which it may or may not have been. These changes apply only to vehicles valued at over $500 for the purposes of your deduction and took effect in Jan. of last year. 

4520 changed this procedure just a wee bit. Now, unless the charity actually uses the vehicle for, and this is important, tax approved, charitable work, you can only claim the gross amount they sell you vehicle for. In addition, it is their responsibility to inform you of this amount upon completion of the sale. As you can see, this approach is fraught with uncertainty for you.

First of all, you’ve got no idea what this amount will be at the time you donate the car. Because of this, you don’t know the amount of the future sale at the time of donation, you don’t know, from a tax perspective, if the car is even worth donating. You may be far better off to sell the vehicle yourself, or give it to your brother in law with the old John Deere and the T-bucket in exchange for a side of beef.

Second, you must wait for the charity to provide you with timely notification. This is important, because you must have this documentation before you file your taxes for the year in which you will claim the deduction.

Before you make any donation, be sure you are donating to a registered, 501(c)(3) organization. These organizations are specifically allowed by the IRS to accept donations and in exchange for a tax deduction. You don’t want to run afoul of the IRS by trying to claim a deduction to which you’re not entitled.

There are also new documentation procedures you must follow in order to claim your tax deduction. Obviously, your life isn’t complete unless you have more IRS documentation to contend with. I’m willing to bet that charities that depend heavily on donated vehicles as a source of funds aren’t too thrilled by this turn of events. Be sure you verify everything with a qualified tax advisor before you claim your deduction. So, before you “make room for that new car you deserve”, make sure that you realize the tax consequences of the donation.


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June 16, 2006

Tax Cuts - They Cost You Money????

IRS form 1040.jpgQuick, say “the Economic Growth and Tax Relief and Reconciliation Act of 2001”. It's quite a mouth full, which is why most people say either “the Bush tax cuts” or “the Bush tax cuts for the wealthiest Americans”, depending on which side of the isle you sit on. Notice “the Bush tax cuts for the wealthiest Americans” is still quite a mouthful. That's really not important right now. What is important is that the economy has actually grown in the intervening 5 years to the point that, even as tax rates have fallen, total tax revenue has actually risen. According to the Congressional Budget Office, in 2003 individual income taxes brought in $793.7B to federal coffers. That figure increased to $927.2B last year.

The Dems like to express tax cuts in how much they cost. The fact is, they don't cost, they save. If they were looking at it from the point of the people actually paying taxes, instead of those spending them, they'd see that.  That is a fundamental difference, and it would be nice if more people stated it that way. Tax increases on the taxpayer should be stated in terms of how much they cost you and me. It's sad commentary that the tax picture continues to be misstated this way. The mainstream(?) media perpetuates the sham by using the “cost” phraseology in lock step with those on the hill.

Think about it this way. If you get a raise, you think about it in terms of how much more you have to spend. It's kind of like Congress. I guarantee the source of those funds, your boss, thinks of it in quite the opposite way. You and I are the source of funds for the federal budget. When tax rates go up, it costs us. When the go down, it saves us, not the other way around.
 
$8,375,365,051,008.48 - That's one huge number. It's our national debt, as of June 14th, 2006. Unfortunately, it's trending the wrong way, due to a government that spends cash like a sex addict in a whorehouse. I know, it's a Republican controlled Congress. That makes it all the sadder. Some of you will say “It's all because of the war in Iraq” Blah!, Blah!, Blah! Quit your whining. As a percentage of the GDP, we're actually spending less than half of what we spent on defense before the Vietnam war(over 9% then to 4% in Fiscal 2005).  We spend that money on various things, the largest of which is Social Security and Medicare. Sadly, interest on the federal debt is the fourth largest line item in the federal budget. People say that the deficit is down and we should rejoice. That only means we are sinking into debt at a slower rate than we were before, not a great reason to celebrate. Real cause for celebration would be an actual budget surplus.

If you ran your finances that way, you'd stay in debt forever too. You would, however, pay for retirement for your extended family, give them some sort of health insurance when they retired, have a really cool stash of great guns and a Hummer, give a ton of money to low income members of the community, and have a huge credit card bill. The interest on that bill alone would pretty much guarantee you'd stay impoverished forever, and it doesn't bode well for the future financial health of the United States either.

Too many people actually do live a version of that scenario, but substitute cool vacations, new plasma TVs, and  BMWs. That propelled outstanding consumer debt in this country to a record $2.17T at the end of 2005, according to the Fed. That is over double what it was just 10 years earlier. We're building a really nice house of cards. Let's hope it doesn't all come tumbling down. Do your part and try to reign in your credit card balance. You'll thank yourself in the future.
 


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June 14, 2006

The AMT – If You're Not Scared, You Damn Well Should Be!

IRS headquarters.jpgThe year was 1969. There was Free Love, the Hait, cheap gas, cars with big V-8s, and a growing unrest in America. Lurking in the background was what became one of the most insidious pieces of legislation ever to be perpetrated upon the American people. The country was focused on the war in Vietnam, and apparently, the 155 Americans that made over $200,000 in 1966, but paid no income taxes. Dutifully, our Congress decided that the injustice must be fixed.

Ironically, this would cause normal Americans 40 years hence to be oppressed by a tax code that has been periodically altered, but never indexed for inflation. In case anybody has been asleep since the '60's (possible, given the predilection of some during that time for recreational pharmaceuticals), prices have actually increased. In addition to never being indexed, it has been changed from its original form to be far more broad. This had had the effect of catching millions of those never intended. If you think this can't happen to you, think again. According to the Congressional Joint Economic Committee Study of 2001, it is estimated that by 2010, a staggering 17 million individual income tax returns will trigger the AMT. Obviously, with a number that large, most of those taxpayers will be average citizens. Note that the massive number doesn't include the corporate AMT, it's only individual tax filers like you and (hopefully not) me.

If you are one of those unlucky citizens to be snared in this net, you can attest to the fact that the IRS will take everything. You say you didn't even make $300,000 last year, you only made $82,000? Too damn bad, because you owe $300,000 in AMT, and it's due RIGHT NOW! You better cash out your retirement savings(ironically, the tax consequences of that could cause you to owe far more), sell your house, and pull the kids out of college. That sort of nightmare has afflicted more Americans every year. To make matters far worse, most of those are just normal Americans with middle class incomes; like you.

According to their 1967 federal income tax returns, 15,667 Americans raked in over $200,000. That was a pretty large chunk of change in 1967. The one percent of those people that avoided any tax liability that year really f***ed with the wrong marine. Americans that had actually paid their fair share of taxes were pretty pissed off after this little injustice came to light during congressional testimony. Congressional members, wanting to quiet their constituency, and bring in some extra tax revenues at the same time, decided to take action. Notice they didn't cut everyone else's taxes to make up for the amount gained by the AMT, they just added the extra money to the Federal budget.

One of the largest problems with the AMT, outside of the fact that affects so many Americans it was never intended to, is that it's extremely complicated. Even many financial planners don't have a great idea as to how different events can trigger AMT provisions. To make matters worse one small misstep can trigger a series of events that can culminate in you losing everything to the IRS and still owing them more money than your total income over the previous five years. It's an egregious erosion of the average American's civil rights. The complexity leads to a very high cost of compliance for the taxpayer as well. Normally it costs about 2% of tax revenue generated to file federal income taxes. If the AMT is triggered, that number more than doubles.

As an additional slap in the face of the American taxpayer, after adjusting the original $200,000 income figure upwards for inflation, as the IRS has failed to do, there are actually more individuals above the threshold not paying any federal income tax than in 1969! What a crock. So, not only has the AMT completely failed in its original mission, it has imperiled millions of average Americans in the process. If you're not riled up yet, consider this. According to the aforementioned congressional study, only one extra tax payer was added to federal tax rolls for every 6,600 already paying taxes! Everyone else subject to the AMT was already paying taxes.

This whole mess could have been eliminated. The Taxpayer Refund and Relief Act of 1999 (106th Congress, H.R. 2488) actually phased out the AMT beginning in 1997 and ending in 1999. It was passed by both the House and Senate but vetoed by President Clinton as a “risky tax cut” that would actually increase taxes for many Americans. Way to go, Bill! I wonder how those 17 million taxpayers who will be subject to the AMT in 2010 feel about that? I'm willing to bet most of those would long for that “risky tax cut”. Write you congressional representative and Senator today and urge them to repeal this heinous piece of legislation before it's too late!


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