Archive for September, 2009

Expanded 529 Plan Features

Wednesday, September 30th, 2009

What is a 529 Plan?  It is a way to invest your money to be used for future educational expenses for college.  Distributions from 529 plans can be used to pay for tuition, books, and other expenses for college.  The American Recovery and Reinvestment Act of 2009 has added computer technology to the list of expenses that can be payed for by a 529 plan.  This means that you can use 529 plan money to buy computers, software, and pay for internet access while the beneficiary is enrolled in college.  However, this does not include any software designed for entertainment, such as video games. 

All 50 states sponser some sort of 529 plan.  There are two different types of plans - the prepaid tuition plans and savings plans.  Families should decide which kind of plan works best for them.  Also, remember that using a 529 plan to pay for college does not necessarily exlude you from using the lifetime learning credit of the American opportunity credit.  For more informaiton on 529 plans you should contact your tax or investment advisor.

 

Jessica Chisholm, CPA
Seattle/Bellevue Tax Accountants

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2009 Tax Legislation/American Recovery and Reinvestment Act

Monday, September 28th, 2009


OVERVIEW

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009.  This $787 billion law was intended to jump start the US economy by triggering a surge of direct spending and tax incentives.  Overall, the new law creates over 300 changes to the Internal Revenue Code.  So, how do these changes impact you?  Here are some of the highlights.

INDIVIDUAL  INCENTIVES

Making Work Pay Credit

 

Individuals with earned income will qualify for a credit equal to the lesser of 6.2% of his/her earned income or $400 ($800 for married couples).  The credit is phased out at a 2% rate once Modified Adjusted Gross Income exceeds $75,000 ($150,000 for married couples).

AMT Patch

 

The 2009 AMT “Patch” raises exemption amounts to $70,950 for married couples (up from $69,950 in 2008) and $46,700 for singles (up from $46,200 in 2008).  This is designed to shield approximately 26 million middle-income taxpayers from being subject to AMT or Alternative Minimum Tax.

First-Time Homebuyer Credit

This popular credit expands the original first-time homebuyer credit enacted in 2008 by increasing the maximum credit to $8,000 with phase-outs starting for taxpayers with AGI over $150,000 for married couples and $75,000 for single filers.  A “first-time home buyer” is someone who has not owned a principal residence during the three-year period prior to the purchase.

Because it had to be repaid, the previous 2008 credit was basically an interest-free loan from the IRS.  This 2009 incentive is a true tax credit and does not have to be repaid to the government.  However, home buyers must use the home as a principal residence for at least three years or face recapture of the credit amount.

New Car Deduction

 

An unexpected provision of the new legislation allows an above-the-line deduction for state and local taxes paid on the purchase of a new vehicle.  In other words, the deduction is available whether or not a taxpayer itemizes deductions on Schedule A.   Ordinarily, the sales tax deduction was based on available income for spending using table amounts.

Qualified vehicles must first be used by the taxpayer and can include cars, SUVs, light trucks, motorcycles, and motor homes.  A deduction is allowed for taxes paid on multiple purchases, since there is no limit on the number of vehicles that may be purchased.   However, the deduction per  vehicle is limited to the tax on up to $49,500 of the purchase price.   The deduction is phased out to the extent the taxpayer has AGI over $250,000 for joint returns ($125,000 single).

Education Credit

 

The existing Hope Credit got a temporary makeover with the new law and was renamed the “American Opportunity Tax Credit”.  The credit amount was boosted from $1,800 to $2,500, was extended to all four years of college, and the cost of course materials were added as qualifying expenses.  Additionally, 40% of the credit became “refundable”, meaning that the government will send you a check for the credit amount even if you have no tax liability.

Keep in mind that the credit may only be taken in the year the expenses are actually paid.  So, if tuition is paid in 2008 for a semester beginning in 2009, the expenses would qualify under 2008 rules.

Unemployment Compensation

 

Unemployment benefits were traditionally included in the recipient’s gross income for tax purposes.  The new legislation provides some relief by excluding the first $2,400 from taxable income in 2009.  However, any amount received in excess of $2,400 remains fully taxable.

Transit Fringe Benefits

 

Before the new law passed, certain transportation fringe benefits, such as bus passes, van pooling and parking, were not included in an employee’s income up to $120 per month.  For 2009, the excluded amount is increased to $230 per month and will be adjusted for inflation in 2010.  The employer is responsible for taking the initiative to sponsor a plan.

Qualified Tuition Program (Section 529 Plans)

 

A Qualified Tuition Program is used to pay a recipient’s qualified education expenses using tax-free distributions.  Distributions for nonqualified expenses are included in the beneficiary’s taxable income and are subject to a penalty.

For 2009 and 2010, beneficiaries are allowed to use these tax-free distributions to pay for computer expenses, including Internet access.  Family members are also allowed to use the computer technology, as long as there is some student use.

 

BUSINESS INCENTIVES

Bonus Depreciation and Section 179 Limits

The new law makes some important changes to depreciation rules that apply exclusively to 2009.  First, the 50% first-year bonus depreciation deduction is extended through the end of 2009.  Bonus depreciation is only available on new assets that are depreciable under MACRS with a recovery period of 20 years or less.  Keep in mind that a large depreciation deduction taken in the current year reduces the amount of future deductions.

Second, the highest amount of depreciation that can be immediately expensed under Code Section 179 has been increased to $250,000.  This amount will begin to be phased out if over $800,000 of assets are purchased.  Unlike bonus depreciation, this expensing election is available on both new and used property.

Third, the first-year depreciation limit on passenger automobiles has been increased by $8,000, from $2,960 to $10,960.  Similarly, the first-year depreciation limit on light trucks and vans was increased from $3,160 to $11,160.

NOL Carryback

 

The new law presents small businesses with the option to carryback a 2008 NOL three, four or five years as opposed to the usual two years.  This election is only available to qualified small businesses with gross receipts of $15 million or less.

Estimated Taxes

Prior to the new legislation, taxpayers had to make estimated quarterly tax payments based on 100% of the prior year’s tax liability in order to avoid underpayment penalties.  For 2009, these estimates can be based on 90% of 2008’s liability, rather than 100%.  However, the taxpayer must be able to prove that at least 50% of his/her income was from a small business, and the AGI must be less than $500,000.

 

COBRA Health Insurance

 

The new law allows an individual who is involuntarily unemployed between September 1, 2008 and January 1, 2010 the choice to pay 35 percent of his/her COBRA coverage and have it count as paying 100 percent.  The former employer will be responsible for paying the remaining 65 percent, but will receive a credit against payroll taxes for the amount.

ENERGY INCENTIVES

               

Residential Energy Property Credit

 

The new law raises the residential energy property tax credit from 10 to 30 percent and caps the credit at $1,500 for combined improvements in 2009 and 2010.  The law also eliminates the requirement that purchases cannot be made with money from subsidized energy financing.

Improvements must be certified and can include insulation, exterior windows, exterior doors, central air conditioners, natural gas equipment, propane or oil water heaters or furnaces, hot water boilers, electric heat pump water heaters, some metal roofs and stoves, and advanced main air circulating fans.

Residential Energy Efficient Property Credit

 

For tax years 2009 – 2016, the annual maximum credit cap for solar hot water, geothermal heat pumps, and wind energy property is removed.  Again, the requirement that purchases cannot be made with money from subsidized energy financing is eliminated.

Tawni Berg, CPA
Seattle Bellevue Tax Accountant


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Employee or Independent Contractor?

Friday, September 18th, 2009

If you are a business owner wondering whether to treat an individual working within your business as an employee or an independent contractor, here is what you should consider:

1.  Does your company have the right to control what the worker does and how they do it?  Are they allowed to work for other companies as well? (Behavorial Control)

2.  Do you control how the personal is paid? Do you reimburse them for expenses?  Do you provide the tools and equipment or do they? (Financial Control)

3.  Are there written contracts or employee type benefits? (Type of Relationship)

Once you consider these three factors, (behavior, financial, and relationship) then you can start to determine whether or not your worker should be an employee.  If the worker only works for you, you provide them with all needed equipment, and you offer them health insurance or a retirement plan, then most likely this worker should be treated as an employee.  If you allow the worker to work for other companies, do not provide them with necessary equipment, and offer them no benefits, then it is possible that they could be treated as an indepedent contractor.  Remember that when you have an employee it is your job to withhold income tax, and pay social security and medicare tax on that employee.  An independent contractor is simply paid for their work and issued a 1099 at year end. 

If you classify an employee as an independent contractor and have no reasonable basis for doing so, then it is possible that you can be held liable for paying employment taxes on that individual.  If you have any questions on how your worker should be classified (employee vs. independent contractor) then it is always a good idea with contact your tax professional.

 

Jessica Chisholm, CPA
Seattle/Bellevue Tax Accountants

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American Opportunity Credit

Wednesday, September 2nd, 2009

For 2009 and 2010 the existing Hope education credit has been modified and is now referred to as The American Opportunity Credit.  This credit is designed to help students and their parents pay for the first 4 years of college.  The modification to the Hope credit makes it aviailbe to a larger range of taxpayers and is now available to people with higher incomes and people who owe no tax. 

With this new modification the maximum amount of the Hope credit available increases to $2,500 per student.  The credit does not start to phase out until your AGI is between $80,000 and $90,000 ($160,000 and $180,000 for Married Filing Joint).  The Hope credit can also now be claimed for the first four years of college instead of the first two years as it had been previously.  Also, 40% of the Hope credit is now a refundable credit.  This means you can receive up to $1000 even if you owe no tax.  The term “qualified tuition and related expenses” has also been expanded and now includes costs for “course materials”.  This means you can now include the cost of books, supplies, and equipment needed for classes. 

 

Jessica Chisholm, CPA
Seattle/Bellevue Tax Accountants

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