Ideas for Increasing Nonbusiness Deductions

December 16, 2015 To Our Clients and Friends: Year-end planning will be challenging again this year. Unless Congress acts, a number of popular deductions and credits that expired at the end of 2014 will not be available for 2015. Deductions not available this year include, for example, the election to deduct state and local sales taxes instead of state and local income taxes and the above-the-line deductions for tuition and educator expenses, generous bonus depreciation and expensing allowances for business property, and qualified charitable distributions that allow taxpayers over age 70 1 / 2 to make taxfree transfers from their IRAs directly to charities. Of course, Congress could revive some or all of the favorable tax rules that have expired like they have done in the past. However, which actions Congress will take and when they will be taken remains to be seen. Despite the current uncertainties, keeping the line on your taxable income is more important than ever given today s high top tax rates and additional taxes on net investment income. But, keep in mind that effective tax planning requires considering both this year and next year at least. Without a multiyear outlook, you cannot be sure maneuvers intended to save taxes on your 2015 return will not backfire and cost additional money in the future. Here are a few tax-saving ideas to get you started. As always, you can call on us to help you sort through the options and implement strategies that make sense for you. Ideas for Increasing Nonbusiness Deductions Maximize the Benefit of the Standard Deduction. For 2015, the standard deduction is $12,600 for married taxpayers filing joint returns. For single taxpayers, the amount is $6,300. Currently, it looks like these amounts will be about the same for 2016. If your total itemized deductions are normally close to these amounts, you may be able to leverage the benefit of your deductions by bunching deductions in every other year. This allows you to time your itemized deductions so that they are high in one year and low in the next. You claim actual expenses in the year they are bunched and take the standard deduction in the intervening years. For instance, you might consider moving charitable donations you normally would make in early 2016 to the end of 2015. If you are temporarily short on cash, charge the contribution to a credit card it is deductible in the year charged, not when payment is made on the card. You can also 1

accelerate payments of your real estate taxes or state income taxes otherwise due in early 2015. However, watch out for the Alternative Minimum Tax (AMT), as these taxes are not deductible for AMT purposes. Make Charitable Gifts of Appreciated Stock. If you have appreciated stock (or mutual fund shares) that you have held more than a year and you plan to make significant charitable contributions before year-end, consider keeping your cash and donating the stock instead. You will avoid paying tax on the appreciation, but will still be able to deduct the donated property s full value. If you want to maintain a position in the donated securities, you can immediately buy back a like number of shares. (This idea works especially well with no load mutual funds because there are no transaction fees involved.) However, if the stock is now worth less than when you acquired it, sell the stock, take the loss, and then give the cash to the charity. If you give the stock to the charity, your charitable deduction will equal the stock s current depressed value and no capital loss will be available. However, if you sell the stock at a loss, you have to wait 31 days to buy it back. Otherwise, you will trigger the wash sale rules, which means your loss will not be deductible, but instead will be added to the basis in the new shares. Do Not Lose a Charitable Deduction for Lack of Paperwork. Charitable contributions are only deductible if you have proper documentation. For cash contributions of less than $250, this means you must have either a bank record that supports the donation (such as a cancelled check or credit card receipt) or a written statement from the charity that meets tax-law requirements. For cash donations of $250 or more, a bank record is not enough. You must obtain, by the time your tax return is filed, a charity-provided statement that shows the amount of the donation and lists any significant goods or services received in return for the donation (other than intangible religious benefits) or specifically states that you received no goods or services from the charity. Ideas for the Office Maximize Contributions to 401(k) Plans. If you have a 401(k) plan at work, it is just about time to tell your company how much you want to set aside on a tax-free basis for next year. Contribute as much as you can stand, especially if your employer makes matching contributions. You give up free money when you fail to participate to the max for the match. Adjust Your Federal Income Tax Withholding. If it looks like you are going to owe income taxes for 2015, consider bumping up the federal income taxes withheld from your paychecks now through the end of the year. When you file your return, you will have to pay any taxes due less the amount paid in and/or withheld. However, as long as your total tax payments (estimated payments plus withholdings) equal at least 90% of your 2015 liability or, if smaller, 100% of your 2014 liability (110% if your 2014 adjusted gross income exceeded $150,000; $75,000 for married individuals who filed separate returns), penalties will be minimized, if not eliminated. 2

Making the Most of Year-End Securities Transactions Harvest Capital Losses. There are a number of year-end investment strategies that can help lower your tax bill. Perhaps the simplest is reviewing your securities portfolio for any losers that can be sold before year-end to offset gains you have already recognized this year or to get you to the $3,000 ($1,500 married filing separate) net capital loss that is deductible each year. Do not worry if your net loss for the year exceeds $3,000, because the excess carries over indefinitely to future tax years. Be mindful, however, of the wash sale rule when you jettison losers your loss is deferred if you purchase substantially identical stock or securities within the period beginning 30 days before and ending 30 days after the sale date. Secure a Deduction for Nearly Worthless Securities. If you own any securities that are all but worthless with little hope of recovery, you might consider selling them before the end of the year so you can capitalize on the loss this year. You can deduct a loss on worthless securities only if you can prove the investment is completely worthless. Thus, a deduction is not available, as long as you own the security and it has any value at all. Total worthlessness can be very difficult to establish with any certainty. To avoid the issue, it may be easier just to sell the security if it has any marketable value. As long as the sale is not to a family member, this allows you to claim a loss for the difference between your tax basis and the proceeds (subject to the normal rules capital loss and wash sale rules previously discussed). Ideas for Your Business Evaluate Inventory for Damaged or Obsolete Items. Inventory is normally valued for tax purposes at cost or the lower of cost or market value. Regardless of which of these methods is used, the end-of-the-year inventory should be reviewed to detect obsolete or damaged items. The carrying cost of any such items may be written down to their probable selling price (net of selling expenses). [This rule does not apply to businesses that use the Last in, First out (LIFO) method because LIFO does not distinguish between goods that have been written down and those that have not]. To claim a deduction for a write-down of obsolete inventory, you are not required to scrap the item. However, in a period ending not later than 30 days after the inventory date, the item must be actually offered for sale at the price to which the inventory is reduced. Set up Tax-favored Retirement Plan. If your business does not already have a retirement plan, now might be the time to take the plunge. Current retirement plan rules allow for significant deductible contributions. Even if your business is only part-time or something you do on the side, contributing to a SEP-IRA or SIMPLE-IRA can enable you to reduce your current tax load while increasing your retirement savings. With a SEP-IRA, you generally can contribute up to 20% of your self-employment earnings, with a maximum contribution of $53,000 for 2015. A SIMPLE-IRA, on the other hand, allows you to set aside up to $12,500 for 2015 plus an employer match that could potentially be the same amount. In addition, if you will be age 50 or older as of year-end, you can contribute an additional $3,000 to a SIMPLE-IRA. If you are age 3

50 or older as of year-end and your business has no employees, a solo 401(k) can allow for a contribution of up to $59,000. Check Your Partnership and S Corporation Stock Basis. If you own an interest in a partnership or S corporation, your ability to deduct any losses it passes through is limited to your basis. Although any unused loss can be carried forward indefinitely, the time value of money diminishes the usefulness of these suspended deductions. Thus, if you expect the partnership or S corporation to generate a loss this year and you lack sufficient basis to claim a full deduction, you may want to make a capital contribution (or in the case of an S corporation, loan it additional funds) before year end. Employ Your Child. If you are self-employed, do not miss one last opportunity to employ your child before the end of the year. Doing so has tax benefits in that it shifts income (which is not subject to the Kiddie tax) from you to your child, who normally is in a lower tax bracket or may avoid tax entirely due to the standard deduction. There can also be payroll tax savings since wages paid by sole proprietors to their children age 17 and younger are exempt from both social security and unemployment taxes. Employing your children has the added benefit of providing them with earned income, which enables them to contribute to an IRA. Children with IRAs, particularly Roth IRAs, have a great start on retirement savings since the compounded growth of the funds can be significant. Remember a couple of things when employing your child. First, the wages paid must be reasonable given the child s age and work skills. Second, if the child is in college, or is entering soon, having too much earned income can have a detrimental impact on the student s need-based financial aid eligibility. Review Your Health Insurance Costs and Coverage Make Sure You Have Adequate Health Insurance Coverage. If you and your family do not have adequate medical coverage (referred to as minimum essential coverage), you may be subject to a penalty. Medical insurance provided by your employer or through an individual plan purchased through a state insurance marketplace generally qualifies for adequate coverage. The penalty amount varies based on the number of uninsured members of your household and your household income. If you have three or more uninsured household members, the penalty may be $975 or more for 2015 ($2,085 or more for 2016), depending on your household income. Take Advantage of Flexible Spending Accounts (FSAs). If your company has a healthcare and/or dependent care FSA, before year-end you must specify how much of your 2016 salary to convert into tax-free contributions to the plan. You can then take tax-free withdrawals next year to reimburse yourself for out-of-pocket medical and dental expenses and qualifying dependent care costs. Watch out, though, FSAs are use-it-or-lose-it accounts you do not want to set aside more than what you will likely have in qualifying expenses for the year. If you currently have a healthcare FSA, make sure you drain it by incurring eligible expenses before the deadline for this year. Otherwise, you will lose the remaining balance. It is not that 4

hard to drum some things up: new glasses or contacts, dental work you have been putting off, or prescriptions that can be filled early. Consider a Health Savings Account (HSA). If you are enrolled in a high-deductible health plan and do not have any other coverage, you may be eligible to make pre-tax or tax deductible contributions to an HSA of up to $6,650 for a family coverage or $3,350 for individual coverage. Distributions from the HSA will be tax free as long as the funds are used to pay unreimbursed qualified medical expenses. Furthermore, there is no time limit on when you can use your contributions to cover expenses. Unlike a healthcare FSA, amounts remaining in the HSA at the end of the year can be carried over indefinitely. Year-end Moves for Seniors Age 70½ Plus Take Your Required Retirement Distributions. The tax laws generally require individuals with retirement accounts to take withdrawals based on the size of their account and their age beginning with the year they reach age 70 1 / 2. Failure to take a required withdrawal can result in a penalty of 50% of the amount not withdrawn. If you turned age 70 1 / 2 in 2015, you can delay your 2015 required distribution to 2016 if you choose. But, waiting until 2016 will result in two distributions in 2016 the amount required for 2015 plus the amount required for 2016. While deferring income is normally a sound tax strategy, here it results in bunching income into 2016. Thus, think twice before delaying your 2015 distribution to 2016 bunching income into 2016 might throw you into a higher tax bracket or bring you above the modified AGI level that will trigger the 3.8% net investment income tax. However, it could be beneficial to take both distributions in 2016 if you expect to be in a substantially lower bracket in 2016. For example, you may wish to delay the 2015 required distribution until 2016 if you plan to retire late this year or early next year, have significant nonrecurring income this year, or expect a business loss next year. It May Pay to Wait Until the End of the Year to Take Your Distributions. If you plan on making additional charitable contributions this year and you have not yet received your 2015 required distribution from your IRA, you might want to wait until the very end of the year to do both. It is possible that the Congress will bring back the popular Qualified Charitable Distributions (QCDs) that expired at the end of 2014. If so, IRA owners and beneficiaries who have reached age 70½ will be able to make cash donations totaling up to $100,000 to IRSapproved public charities directly out of their IRAs. QCDs are federal-income-tax-free to you and they can qualify as part of your required distribution, but you get no itemized charitable write-off on your Form 1040. That is okay because the tax-free treatment of QCDs equates to an immediate 100% federal income tax deduction without having to itemize your deductions or worry about restrictions that can reduce or delay itemized charitable write-offs. However, to qualify for this special tax break, the funds must be transferred directly from your IRA to the charity. Once you receive the cash, the distribution is not a QCD and will not qualify for this tax break. 5

Watch Out for Alternative Minimum Tax Be on the alert for the AMT in all of your planning because what may be a great move for regular tax purposes may create or increase an AMT problem. There is a good chance you will be hit with AMT if you deduct a significant amount of state and local taxes, claim multiple dependents, exercised incentive stock options, or recognized a large capital gain this year. Do Not Overlook Estate Planning For 2015, the unified federal gift and estate tax exemption is a generous $5.43 million, and the federal estate tax rate is a historically reasonable 40%. Even if you already have an estate plan, it may need updating to reflect the current estate and gift tax rules. Also, you may need to make some changes that have nothing to do with taxes. Contact us if you think you could use an estate planning tune-up. Conclusion Through careful planning, it is possible your 2015 tax liability can be significantly reduced, but do not delay. The longer you wait, the less likely it is that you will be able to achieve a meaningful reduction. The ideas discussed in this letter are a good way to get you started with year-end planning, but they are no substitute for personalized assistance. Please do not hesitate to call us with questions or for additional strategies on reducing your tax bill. We would be glad to set up a planning meeting or assist you in any other way that we can. Very truly yours, GORDON & ASSOCIATES, P.A., CPAs Horace C. Gordon, IV, CPA/PFS /hcg 6