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#cbizmhmwebinar 1
CBIZ & MHM
Executive Education Series™
Individual Year-End Tax Planning Tips
for 2017 and Beyond
Naomi Ganoe & David Levi
November 8 and December 7, 2017
#cbizmhmwebinar 2
About Us
• Together, CBIZ & MHM are a Top Ten accounting provider
• Offices in most major markets
• Tax, audit and attest and advisory services
• Over 2,900 professionals nationwide
A member of Kreston International
A global network of independent
accounting firms
MHM (Mayer Hoffman McCann P.C.) is an independent CPA firm that provides audit, review and attest services, and works closely with CBIZ, a business consulting,
tax and financial services provider. CBIZ and MHM are members of Kreston International Limited, a global network of independent accounting firms.
#cbizmhmwebinar 3
Before We Get Started…
• To view this webinar in full screen mode, click on view options
in the upper right hand corner.
• Click the Support tab for technical assistance.
• If you have a question during the presentation, please use the
Q&A feature at the bottom of your screen.
#cbizmhmwebinar 4
CPE Credit
This webinar is eligible for CPE
credit. To receive credit, you will
need to answer periodic
participation markers
throughout the webinar.
External participants will receive
their CPE certificate via email
immediately following the
webinar.
#cbizmhmwebinar 5
Disclaimer
The information in this Executive Education Series
course is a brief summary and may not include all
the details relevant to your situation.
Please contact your service provider to further
discuss the impact on your business.
CBIZ & MHM 6
Naomi is a director with CBIZ and has 17 years experience providing
advisory services to individuals and closely held businesses on estate,
fiduciary, gift, business and personal tax planning matters. She is a
trusted advisor to CEOs and high net worth individuals. She is an active
member of CBIZ's Private Client Service technical community and
presenter at the CBIZ National Level Training.
330.668.6500 • nganoe@cbiz.com
Naomi D. Ganoe, CPA
Director
Presenters
CBIZ & MHM 7
David is based in our Minneapolis, MN office and specializes in providing
services to companies in the real estate, law and hospitality industries,
and their owners, as well as tax and estate planning to individuals.
David joined the organization over 35 years ago.
612.376-1208 • dlevi@cbiz.com
David Levi, CPA, PFS
Senior Managing Director
#cbizmhmwebinar 8
Agenda
Individual Tax Planning Tips & Top Year-End
Income Tax Reduction Ideas
02
01
03
04
Top Estate and Gift Tax Planning Ideas
Navigating the AMT
Reduce Net Investment Income Tax
05 Items to Consider for your Business
06 Tax Reform Update
07 IRS/Admin Matters
08 Questions
#cbizmhmwebinar 9
INDIVIDUAL YEAR-END TAX PLANNING TIPS FOR
2017 AND BEYOND
#cbizmhmwebinar 10
Extended Tax Return Due Dates for Taxpayers affected by
Hurricane IRMA
• IRS extended filing deadline for taxpayers who live in one of the affected areas or owns a
business in one of the affected areas to Jan. 31, 2018 (for deadlines falling after Sept. 4,
2017 and before Jan. 31, 2018).
• Individuals who reside or have a business in Alachua, Baker, Bay, Bradford, Brevard, Broward,
Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin,
Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough,
Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee,
Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm
Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter,
Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington counties may qualify for tax relief.
This represents all 67 counties of Florida.
• Under section 7508A, the IRS gives affected taxpayers until Jan. 31, 2018, to file most tax returns
(including individual, corporate, and estate and trust income tax returns; partnership returns, S
corporation returns, trust returns; estate, gift, and generation-skipping transfer tax returns; annual
information returns of tax-exempt organizations; and employment and certain excise tax returns),
that have either an original or extended due date occurring on or after Sept. 4, 2017, and before Jan.
31, 2018. Affected taxpayers that have an estimated income tax payment originally due on or after
Sept. 4, 2017, and before Jan. 31, 2018, will not be subject to penalties for failure to pay estimated
tax installments as long as such payments are paid on or before Jan. 31, 2018.
• Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related
casualty losses on their federal income tax return for either the year in which the event occurred, or
the prior year. See Publication 547 for details.
#cbizmhmwebinar 11
Extended Tax Return Due Dates for Taxpayers affected by
Hurricane Harvey
• IRS extended filing deadline for taxpayers who live in one of the affected areas or
owns a business in one of the affected areas to Jan. 31, 2018 (for deadlines falling
after Aug. 23, 2017 and before Jan. 31, 2018).
• Individuals who reside or have a business in Aransas, Austin, Bastrop, Bee, Bexar, Brazoria,
Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, De Witt, Fayette, Fort Bend,
Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim
Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery,
Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio,
Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, and Wharton Counties may qualify
for tax
• Under section 7508A, the IRS gives affected taxpayers until Jan. 31, 2018, to file most tax
returns (including individual, corporate, and estate and trust income tax returns; partnership
returns, S corporation returns, trust returns; estate, gift, and generation-skipping transfer tax
returns; annual information returns of tax-exempt organizations; and employment and certain
excise tax returns), that have either an original or extended due date occurring on or after Aug.
23, 2017, and before Jan. 31, 2018. Affected taxpayers that have an estimated income tax
payment originally due on or after Sept. 4, 2017, and before Jan. 31, 2018, will not be subject
to penalties for failure to pay estimated tax installments as long as such payments are paid on
or before Jan. 31, 2018.
• Affected taxpayers in a federally declared disaster area have the option of claiming disaster-
related casualty losses on their federal income tax return for either the year in which the event
occurred, or the prior year. See Publication 547 for details.
#cbizmhmwebinar 12
TOP YEAR-END INCOME TAX REDUCTION IDEAS
#cbizmhmwebinar 13
Challenges You are Facing Today:
• Uncertainty with the new administration
• Higher and More Progressive Tax Rates
• Federal
• State(s)
• Longer Time Horizons
• Lower Expected Returns
• Greater Tax Complexity of Investment Alternatives
#cbizmhmwebinar 14
Tax Savings Considerations
• Sell investments with capital gains to offset recognized
capital losses (consider end-of-year mutual fund capital
gain dividends)
• Sell investments with capital losses to offset recognized
capital gains (consider wash sale rules)
• Transfer/gift mutual funds to children prior to December
dividend record date (consider kiddie tax, gift tax) and
consider 529 accounts
• Maximize 401(k) or SEP contributions*
• Pay 4th quarter state estimated tax payments and 2017
real estate taxes by Dec. 31 (if not in AMT)
*SEP and certain other retirement contributions can be made well into latter part of 2018 for 2017 deductions
#cbizmhmwebinar 15
Tax Savings Considerations
• Pay January mortgage by Dec. 31
• Make charitable donations, especially appreciated
stock, and consider D.A.F.
• Bunch miscellaneous itemized deductions to exceed
2% AGI floor (if not in AMT)
• Bunch medical deductions to exceed 10% floor
• Review withholdings, especially if subject to 0.9%
Medicare tax on earned income
• Consider IRA Withdrawals/Roth Conversions if current
year income is low.
#cbizmhmwebinar 16
Key Questions
Core Capital:
• Are your core assets sufficient to support your
lifestyle?
• Can Income Tax Deferral help you meet your
spending goals?
• Opportunity to reserve more for Long-Term
Care?
Surplus Capital:
• How much will stay in estate without estate
tax exposure?
• What are the income tax characteristics of
capital earmarked for wealth transfer?
• What are the income tax consequences to the
beneficiary upon liquidation?
• Lifestyle Spending
• Personal Reserve
• Extra Spending
• Children and
Grandchildren
• Charity
#cbizmhmwebinar 17
Wealth Considerations:
• Financial Goals
• Liquid Assets
• Illiquid Assets
• Spending Requirements
• Risk Tolerance
• Tax Rates
• Time Horizon
• Retirement Date
• Future Tax Domicile
• Pension Alternatives
• Asset Allocation
Personal Profile: Personal Decisions:
#cbizmhmwebinar 18
Retirement Tax Deferral
• In order to secure your retirement, you may need to
increase your pre-tax savings rate late in your career
to make up for earlier years inefficiencies
• Increasing tax deferral through a cash balance or
similar plan can significantly increase your savings
rate
• State income tax differentials can have a dramatic
effect on retirement security
#cbizmhmwebinar 19
Other Planning Opportunities
• Private Investments – are they worthless?
• Section 1244 rules
• Max out cafeteria plan election
• Wages to your children under 18 – fund retirement
• Contributions to Roth IRA or Conversion
• Contribution to non-deductible IRA and then Convert
to Roth
• State Income Tax considerations:
• State of Residency
• Non Resident Tax consequences
• Consequence of Investments
#cbizmhmwebinar 20
TOP ESTATE AND GIFT TAX PLANNING IDEAS
#cbizmhmwebinar 21
Estate and Gift Taxes
Item Rate/Threshold
Maximum Gift/Estate Tax Rates 40%
Lifetime Gift/Estate Exclusion (2017)
Lifetime Gift/Estate Exclusion (2018)
$5,490,000
$5,600,000
Annual Gift Exclusion (2017)
Annual Gift Exclusion (2018)
$14,000
$15,000
#cbizmhmwebinar 22
Estate and Gift Considerations
• Gift to charitable organizations that are supporting
hurricane victims as these contributions are not
subject to limitations (but beware of the AMT)
• Gifts made directly to educational/medical
institutions are not gifts for gift tax purposes
• Gift annual exclusion amount each year ($14,000 per
person for 2017)
• Split gifts with spouse to maximize annual
exclusion/lifetime exemption
#cbizmhmwebinar 23
Estate and Gift Considerations
• Gift assets with high appreciation potential
• Use a grantor retained annuity trust (GRAT) or sale to
intentionally defective grantor trust to remove
appreciation from estate
• Use a charitable lead trust to remove appreciation
from the estate
#cbizmhmwebinar 24
Estate Planning in the Current Environment
• Tax reform leaves fate of estate tax uncertain, but stay
the course with plans to minimize estate tax exposure
• Small percentage of population subject to transfer tax
• Cannot ignore GST tax
• Increased importance of income tax issues
• Traditional credit shelter trust/marital trust needed?
• Portability approach has become more predominant
• Planning is more difficult for planners
#cbizmhmwebinar 25
Estate Planning in the Current Environment
• Transfer planning still important for wealthy families
• Be careful before making lifetime gifts of low basis
assets
• Grantor trust planning still advantageous
• Undoing prior planning strategies
• Basis adjustment planning
• Trust planning
• Estate and trust distribution planning
• State estate taxes
#cbizmhmwebinar 26
NAVIGATING THE AMT
#cbizmhmwebinar 27
Top Expenses NOT Deductible for AMT
• State and local income taxes
• Real estate taxes
• Personal property taxes
• Interest on home equity loan (not used to improve
residence)
• Investment expenses
• Unreimbursed employee business expenses
• Other 2% miscellaneous itemized deductions
#cbizmhmwebinar 28
AMT Can Be An Opportunity
• All AMT is not the same.
• Items such as depreciation and Qualified (ISO) stock
option adjustments can cause AMT, but also generate
credit that can be carried forward.
• Approaching /being subject to the AMT can allow for
lower effective tax rate for ordinary income items
• Bonuses
• Short term capital gains
• Exercise of Non Qualified Stock Options
• Other Controllable Ordinary Income
#cbizmhmwebinar 29
Top Ideas to Reduce
Net Investment Income Tax (NIIT)
#cbizmhmwebinar 30
Net Investment Income Tax
Rate 3.8% x lesser of:
Net Investment Income, or
MAGI in excess of threshold
MAGI Threshold – Single Taxpayer $200,000
MAGI Threshold – Married Filing Joint $250,000
Included in Net Investment Income Interest and Dividends
Capital Gains
Annuity Distributions
Rents and Royalties
Income from Passive Activity
NOT Included in Net Investment Income Salary and Wages
Self-Employment Income
Distributions - qualified retirement plans
Gains on sale of active interests
Income excluded from federal income
#cbizmhmwebinar 31
Net Investment Income Tax Considerations
• Fund a charitable remainder trust with appreciated
securities to reduce or avoid NIIT on recognized gains,
and spread out investment income to lower income
years
• Group passive activities that comprise an appropriate
economic unit to qualify them as non-passive
• If current investments generate passive income,
consider new investments that generate passive
losses
• If you loaned money to your C Corp, then consider
reducing interest rate and increase wages (3.8 to .9)
#cbizmhmwebinar 32
Net Investment Income Tax Considerations
• Shift investments to tax-exempt bonds, deferred
annuities, insurance products.
• Taxpayer’s age 70 ½ or older can donate required
minimum distributions from IRA—can reduce AGI,
thus reducing NIIT risk.
• Shift assets to relatives not subject to NIIT (consider
gift tax)
#cbizmhmwebinar 33
2017 ITEMS TO CONSIDER FOR YOUR BUSINESS
#cbizmhmwebinar 34
Business Considerations for 2017
• Consider capital additions that can be placed in
service before December 31.
• 50% bonus depreciation and/or up to $500,000 of
Section 179 deduction may be allowed to reduce
taxable income.
• Note: not all states recognize these accelerated
deductions and some state adjustments may be
required.
• Over and above bonus/Section 179, new Tangible
Property Regulations permit assets purchased for less
than $2,500 to be expensed.
#cbizmhmwebinar 35
Business Considerations for 2017-Continued
• Consider R&D Credit Opportunities. The credit has been
enhanced
• Consider bonus payments for employees and/or owners.
• Consider establishing retirement plans.
• Funding for many plans can occur in 2018, but plans likely
need to be established in 2017.
• Review business balance sheet to consider disposing of
worthless assets (inventory, accounts receivable, etc.)
• Business sense should NOT be overridden by possible tax
benefits.
#cbizmhmwebinar 36
TAX REFORM UPDATE
#cbizmhmwebinar 37
House Tax Reform Bill
• On Nov. 2, 2017, House Republicans released draft tax
reform legislation, the Tax Cuts and Jobs Act
• Revisions are underway and House leaders want a
vote on the bill by Thanksgiving
• Senate plans to releases it own tax bill the week of
November 13
• The Committee for a Responsible Federal Budget
estimates that the Tax Cuts and Jobs Act would add
$1.51 trillion to the debt
#cbizmhmwebinar 38
How Taxes Would Change Under the House Tax Reform Proposal
Individual Income Tax Current House Proposal
Individual Tax Rates 7 brackets with a top rate of 39.6% 4 brackets: 12%, 25%, 35%, and 39.6%
Itemized Deductions Allow for medical, state/local income
taxes, property taxes, certain
mortgage and investment interest,
charitable donations and
miscellaneous itemized
Some enhanced charitable deductions, more
restricted mortgage interest deduction
(limitation lowered to $500,000), property tax
deduction (limitation lowered to $10,000) and
certain fees; no deductions for state and local
income taxes,
Standard Deduction/Personal
Exemptions
$12,700 Standard Deduction (married)
$6,350 Standard Deduction (single)
$4,050 personal exemption
All Subject to Potential Phaseout
$24,000 Standard Deduction (married)
$12,000 Standard Deduction (single)
No personal exemption
Alternative
Minimum Tax
26%/28% Tax Rate, with exemption
amount of $53,900 (single); $83,800
(married);$23,900 Trusts
Eliminated
Rates on Capital Gains/Dividends Top rate of 20%, 1-year holding period Retained
Surtax on Net Investment Income 3.8%, above $200,000 AGI (single),
$250,000 (married)
Trusts with income over $12,400
Retained
#cbizmhmwebinar 39
Estate/Gift Tax Current House Proposal
Estate Tax $5,490,000, as adjusted for
inflation, with top tax rate of 40%.
$5,600,000 for 2018
Eliminated for years after 2023
Portability of Estate and Gift Tax
Exemption
Unused exemption of deceased
spouse available (with limitations)
Eliminated
Lifetime Gift Tax Exemption $5,490,000, adjusted for inflation
$5,600,000 for 2018.
Increased to $10 million per person until the 2023 tax
year
Basis of Inherited Assets Stepped up to fair market value
at death
Retained
How Taxes Would Change Under the House Proposal
#cbizmhmwebinar 40
Estate/Gift Tax Current House Proposal
Gift Tax Annual Exclusion $14,000 per donee
as indexed for inflation.
$15,000 2018.
No Change
How Taxes Would Change Under the House Proposal
Business Taxes Current House Proposal
Corporate Income Tax Top rate of 35% Top rate of 20%, excluding professional
service businesses
Pass-Through Business Income Top rate of 39.6% Top rate of 25%, including passive
investors. Active participants would have
30% of pass-through business income
subject to special rate and 70% taxed as
ordinary income, excluding professional
service businesses
#cbizmhmwebinar 41
IRS/ADMIN MATTERS
#cbizmhmwebinar 42
• 401K –2017 max $18,000 and 2018 max $18,500
• 401K catch up (age 50)– 2017 and 2018 max $6,000
• IRA contribution –2017 and 2018 max $5,500
• IRA catch up (age 50) – 2017 and 2018 max $1,000
• HSA contribution – 2017 $3,400 ($6,750 family); catch up
(age 55) - $1,000; 2018 $3,450 ($6,900 family), catch-up
$1,000
• Social Security Wage Base –2017 $127,200; 2018 $128,700
• For 2017 Deductible IRAs will phase-out by income
• 2017 Lifetime Exemption (Estate and Gift) is $5,490,000
(unless changed by Trump administration)
2017 and 2018 Considerations
#cbizmhmwebinar 43
IRS Audit Rates
• Individuals
• Businesses
• IRS Commissioner Koskinen said he anticipates the new rules will increase
the number of partnerships examined. The IRS has shed nearly 4,000
enforcement personnel in the past decade tied to hiring freezes and budget
cuts.
FY 2015 FY 2014 Change
Overall 0.84 0.86 (0.02)
> $1 million 9.55 7.50 2.05
> $200K 2.61 2.71 (0.10)
FY 2015 FY 2014 Change
Partnerships 0.51 0.43 0.08
S Corps 0.40 0.36 0.04
#cbizmhmwebinar 44
New Partnership Audit Rules
• On November 2, 2015 President Obama signed into law
the Bipartisan Budget Act of 2015 (BBA).
• The new provisions are generally effective for partnership
tax years beginning after Dec. 31, 2017.
• Partnerships may elect however, to apply the new rules to
any returns filed for tax years beginning after Nov. 2,
2015.
• New “Opt In” regulations were issued August 4 with
requests for comments by October 4
• The BBA provides a fundamental change in the way that
examination and collection of tax from partnerships will
be conducted.
#cbizmhmwebinar 45
Consequences of the Change
• New rules default to assessment and collection of underpaid taxes, penalties and
interest at the partnership level
• Current partners effectively bear the economic burden of such payments, even though
they may not have been partners during the year to which the underpaid taxes relate
• Under the “default rule” current law, an adjustment that only moves an allocation from
one partner to another partner still results in underpaid taxes, because the decrease
adjustment must be ignored
• Tax computed at the highest rate for individuals or corporations (whichever rate is highest
applies to all partners There are two fundamental reasons for the new regime:
• There has been a significant increase in the number of partnership (LLC) returns
that are filed each year.
• There were many challenges to administering an IRS examination under the old
rules.
• The Joint Committee on Taxation has estimated that the new partnership audit rules
will raise $9.3 billion over the next 10 years. Clearly, Congress is giving a mandate to
the IRS to audit more large partnerships.
#cbizmhmwebinar 46
?
QUESTIONS
#cbizmhmwebinar 47
If You Enjoyed This Webcast…
Upcoming Courses:
• 11/16 & 11/28: Implementing the New Not-for-Profit Financial Statement Presentation
• 12/4 & 12/14: Critical Disclosures- New Revenue Recognition Requirements
• 12/6 & 12/13: Opportunities to Offset Payroll Tax Liabilities with Research and
Experimentation Credit
• 12/14: Tax Considerations for Debt-Financed Distributions from Partnerships Owned by
Private Equity
Recent Publications:
• The Houses Releases Tax Bill: One Step Toward Tax Reform?
• 2017 Individual Tax Planning Supplement
• 6 Accounting Updates You Don’t Want to Forget for Year End
• 2018 Tax Rates and Inflation-Adjusted Figures Released
#cbizmhmwebinar 48
Connect with Us
linkedin.com/company/
mayer-hoffman-mccann-p.c.
@mhm_pc
youtube.com/
mayerhoffmanmccann
slideshare.net/mhmpc
linkedin.com/company/
cbiz-mhm-llc
@cbizmhm
youtube.com/
BizTipsVideos
slideshare.net/CBIZInc
MHM CBIZ
#cbizmhmwebinar 49
THANK YOU
CBIZ & Mayer Hoffman McCann P.C.
cbizmhmwebinars@cbiz.com

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Webinar Slides: Individual Year-End Tax Planning Tips for 2017 and Beyond

  • 1. #cbizmhmwebinar 1 CBIZ & MHM Executive Education Series™ Individual Year-End Tax Planning Tips for 2017 and Beyond Naomi Ganoe & David Levi November 8 and December 7, 2017
  • 2. #cbizmhmwebinar 2 About Us • Together, CBIZ & MHM are a Top Ten accounting provider • Offices in most major markets • Tax, audit and attest and advisory services • Over 2,900 professionals nationwide A member of Kreston International A global network of independent accounting firms MHM (Mayer Hoffman McCann P.C.) is an independent CPA firm that provides audit, review and attest services, and works closely with CBIZ, a business consulting, tax and financial services provider. CBIZ and MHM are members of Kreston International Limited, a global network of independent accounting firms.
  • 3. #cbizmhmwebinar 3 Before We Get Started… • To view this webinar in full screen mode, click on view options in the upper right hand corner. • Click the Support tab for technical assistance. • If you have a question during the presentation, please use the Q&A feature at the bottom of your screen.
  • 4. #cbizmhmwebinar 4 CPE Credit This webinar is eligible for CPE credit. To receive credit, you will need to answer periodic participation markers throughout the webinar. External participants will receive their CPE certificate via email immediately following the webinar.
  • 5. #cbizmhmwebinar 5 Disclaimer The information in this Executive Education Series course is a brief summary and may not include all the details relevant to your situation. Please contact your service provider to further discuss the impact on your business.
  • 6. CBIZ & MHM 6 Naomi is a director with CBIZ and has 17 years experience providing advisory services to individuals and closely held businesses on estate, fiduciary, gift, business and personal tax planning matters. She is a trusted advisor to CEOs and high net worth individuals. She is an active member of CBIZ's Private Client Service technical community and presenter at the CBIZ National Level Training. 330.668.6500 • nganoe@cbiz.com Naomi D. Ganoe, CPA Director Presenters
  • 7. CBIZ & MHM 7 David is based in our Minneapolis, MN office and specializes in providing services to companies in the real estate, law and hospitality industries, and their owners, as well as tax and estate planning to individuals. David joined the organization over 35 years ago. 612.376-1208 • dlevi@cbiz.com David Levi, CPA, PFS Senior Managing Director
  • 8. #cbizmhmwebinar 8 Agenda Individual Tax Planning Tips & Top Year-End Income Tax Reduction Ideas 02 01 03 04 Top Estate and Gift Tax Planning Ideas Navigating the AMT Reduce Net Investment Income Tax 05 Items to Consider for your Business 06 Tax Reform Update 07 IRS/Admin Matters 08 Questions
  • 9. #cbizmhmwebinar 9 INDIVIDUAL YEAR-END TAX PLANNING TIPS FOR 2017 AND BEYOND
  • 10. #cbizmhmwebinar 10 Extended Tax Return Due Dates for Taxpayers affected by Hurricane IRMA • IRS extended filing deadline for taxpayers who live in one of the affected areas or owns a business in one of the affected areas to Jan. 31, 2018 (for deadlines falling after Sept. 4, 2017 and before Jan. 31, 2018). • Individuals who reside or have a business in Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington counties may qualify for tax relief. This represents all 67 counties of Florida. • Under section 7508A, the IRS gives affected taxpayers until Jan. 31, 2018, to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, trust returns; estate, gift, and generation-skipping transfer tax returns; annual information returns of tax-exempt organizations; and employment and certain excise tax returns), that have either an original or extended due date occurring on or after Sept. 4, 2017, and before Jan. 31, 2018. Affected taxpayers that have an estimated income tax payment originally due on or after Sept. 4, 2017, and before Jan. 31, 2018, will not be subject to penalties for failure to pay estimated tax installments as long as such payments are paid on or before Jan. 31, 2018. • Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either the year in which the event occurred, or the prior year. See Publication 547 for details.
  • 11. #cbizmhmwebinar 11 Extended Tax Return Due Dates for Taxpayers affected by Hurricane Harvey • IRS extended filing deadline for taxpayers who live in one of the affected areas or owns a business in one of the affected areas to Jan. 31, 2018 (for deadlines falling after Aug. 23, 2017 and before Jan. 31, 2018). • Individuals who reside or have a business in Aransas, Austin, Bastrop, Bee, Bexar, Brazoria, Burleson, Caldwell, Calhoun, Chambers, Colorado, Comal, Dallas, De Witt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Jackson, Jasper, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Lee, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Tarrant, Travis, Tyler, Victoria, Walker, Waller, Washington, and Wharton Counties may qualify for tax • Under section 7508A, the IRS gives affected taxpayers until Jan. 31, 2018, to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, trust returns; estate, gift, and generation-skipping transfer tax returns; annual information returns of tax-exempt organizations; and employment and certain excise tax returns), that have either an original or extended due date occurring on or after Aug. 23, 2017, and before Jan. 31, 2018. Affected taxpayers that have an estimated income tax payment originally due on or after Sept. 4, 2017, and before Jan. 31, 2018, will not be subject to penalties for failure to pay estimated tax installments as long as such payments are paid on or before Jan. 31, 2018. • Affected taxpayers in a federally declared disaster area have the option of claiming disaster- related casualty losses on their federal income tax return for either the year in which the event occurred, or the prior year. See Publication 547 for details.
  • 12. #cbizmhmwebinar 12 TOP YEAR-END INCOME TAX REDUCTION IDEAS
  • 13. #cbizmhmwebinar 13 Challenges You are Facing Today: • Uncertainty with the new administration • Higher and More Progressive Tax Rates • Federal • State(s) • Longer Time Horizons • Lower Expected Returns • Greater Tax Complexity of Investment Alternatives
  • 14. #cbizmhmwebinar 14 Tax Savings Considerations • Sell investments with capital gains to offset recognized capital losses (consider end-of-year mutual fund capital gain dividends) • Sell investments with capital losses to offset recognized capital gains (consider wash sale rules) • Transfer/gift mutual funds to children prior to December dividend record date (consider kiddie tax, gift tax) and consider 529 accounts • Maximize 401(k) or SEP contributions* • Pay 4th quarter state estimated tax payments and 2017 real estate taxes by Dec. 31 (if not in AMT) *SEP and certain other retirement contributions can be made well into latter part of 2018 for 2017 deductions
  • 15. #cbizmhmwebinar 15 Tax Savings Considerations • Pay January mortgage by Dec. 31 • Make charitable donations, especially appreciated stock, and consider D.A.F. • Bunch miscellaneous itemized deductions to exceed 2% AGI floor (if not in AMT) • Bunch medical deductions to exceed 10% floor • Review withholdings, especially if subject to 0.9% Medicare tax on earned income • Consider IRA Withdrawals/Roth Conversions if current year income is low.
  • 16. #cbizmhmwebinar 16 Key Questions Core Capital: • Are your core assets sufficient to support your lifestyle? • Can Income Tax Deferral help you meet your spending goals? • Opportunity to reserve more for Long-Term Care? Surplus Capital: • How much will stay in estate without estate tax exposure? • What are the income tax characteristics of capital earmarked for wealth transfer? • What are the income tax consequences to the beneficiary upon liquidation? • Lifestyle Spending • Personal Reserve • Extra Spending • Children and Grandchildren • Charity
  • 17. #cbizmhmwebinar 17 Wealth Considerations: • Financial Goals • Liquid Assets • Illiquid Assets • Spending Requirements • Risk Tolerance • Tax Rates • Time Horizon • Retirement Date • Future Tax Domicile • Pension Alternatives • Asset Allocation Personal Profile: Personal Decisions:
  • 18. #cbizmhmwebinar 18 Retirement Tax Deferral • In order to secure your retirement, you may need to increase your pre-tax savings rate late in your career to make up for earlier years inefficiencies • Increasing tax deferral through a cash balance or similar plan can significantly increase your savings rate • State income tax differentials can have a dramatic effect on retirement security
  • 19. #cbizmhmwebinar 19 Other Planning Opportunities • Private Investments – are they worthless? • Section 1244 rules • Max out cafeteria plan election • Wages to your children under 18 – fund retirement • Contributions to Roth IRA or Conversion • Contribution to non-deductible IRA and then Convert to Roth • State Income Tax considerations: • State of Residency • Non Resident Tax consequences • Consequence of Investments
  • 20. #cbizmhmwebinar 20 TOP ESTATE AND GIFT TAX PLANNING IDEAS
  • 21. #cbizmhmwebinar 21 Estate and Gift Taxes Item Rate/Threshold Maximum Gift/Estate Tax Rates 40% Lifetime Gift/Estate Exclusion (2017) Lifetime Gift/Estate Exclusion (2018) $5,490,000 $5,600,000 Annual Gift Exclusion (2017) Annual Gift Exclusion (2018) $14,000 $15,000
  • 22. #cbizmhmwebinar 22 Estate and Gift Considerations • Gift to charitable organizations that are supporting hurricane victims as these contributions are not subject to limitations (but beware of the AMT) • Gifts made directly to educational/medical institutions are not gifts for gift tax purposes • Gift annual exclusion amount each year ($14,000 per person for 2017) • Split gifts with spouse to maximize annual exclusion/lifetime exemption
  • 23. #cbizmhmwebinar 23 Estate and Gift Considerations • Gift assets with high appreciation potential • Use a grantor retained annuity trust (GRAT) or sale to intentionally defective grantor trust to remove appreciation from estate • Use a charitable lead trust to remove appreciation from the estate
  • 24. #cbizmhmwebinar 24 Estate Planning in the Current Environment • Tax reform leaves fate of estate tax uncertain, but stay the course with plans to minimize estate tax exposure • Small percentage of population subject to transfer tax • Cannot ignore GST tax • Increased importance of income tax issues • Traditional credit shelter trust/marital trust needed? • Portability approach has become more predominant • Planning is more difficult for planners
  • 25. #cbizmhmwebinar 25 Estate Planning in the Current Environment • Transfer planning still important for wealthy families • Be careful before making lifetime gifts of low basis assets • Grantor trust planning still advantageous • Undoing prior planning strategies • Basis adjustment planning • Trust planning • Estate and trust distribution planning • State estate taxes
  • 27. #cbizmhmwebinar 27 Top Expenses NOT Deductible for AMT • State and local income taxes • Real estate taxes • Personal property taxes • Interest on home equity loan (not used to improve residence) • Investment expenses • Unreimbursed employee business expenses • Other 2% miscellaneous itemized deductions
  • 28. #cbizmhmwebinar 28 AMT Can Be An Opportunity • All AMT is not the same. • Items such as depreciation and Qualified (ISO) stock option adjustments can cause AMT, but also generate credit that can be carried forward. • Approaching /being subject to the AMT can allow for lower effective tax rate for ordinary income items • Bonuses • Short term capital gains • Exercise of Non Qualified Stock Options • Other Controllable Ordinary Income
  • 29. #cbizmhmwebinar 29 Top Ideas to Reduce Net Investment Income Tax (NIIT)
  • 30. #cbizmhmwebinar 30 Net Investment Income Tax Rate 3.8% x lesser of: Net Investment Income, or MAGI in excess of threshold MAGI Threshold – Single Taxpayer $200,000 MAGI Threshold – Married Filing Joint $250,000 Included in Net Investment Income Interest and Dividends Capital Gains Annuity Distributions Rents and Royalties Income from Passive Activity NOT Included in Net Investment Income Salary and Wages Self-Employment Income Distributions - qualified retirement plans Gains on sale of active interests Income excluded from federal income
  • 31. #cbizmhmwebinar 31 Net Investment Income Tax Considerations • Fund a charitable remainder trust with appreciated securities to reduce or avoid NIIT on recognized gains, and spread out investment income to lower income years • Group passive activities that comprise an appropriate economic unit to qualify them as non-passive • If current investments generate passive income, consider new investments that generate passive losses • If you loaned money to your C Corp, then consider reducing interest rate and increase wages (3.8 to .9)
  • 32. #cbizmhmwebinar 32 Net Investment Income Tax Considerations • Shift investments to tax-exempt bonds, deferred annuities, insurance products. • Taxpayer’s age 70 ½ or older can donate required minimum distributions from IRA—can reduce AGI, thus reducing NIIT risk. • Shift assets to relatives not subject to NIIT (consider gift tax)
  • 33. #cbizmhmwebinar 33 2017 ITEMS TO CONSIDER FOR YOUR BUSINESS
  • 34. #cbizmhmwebinar 34 Business Considerations for 2017 • Consider capital additions that can be placed in service before December 31. • 50% bonus depreciation and/or up to $500,000 of Section 179 deduction may be allowed to reduce taxable income. • Note: not all states recognize these accelerated deductions and some state adjustments may be required. • Over and above bonus/Section 179, new Tangible Property Regulations permit assets purchased for less than $2,500 to be expensed.
  • 35. #cbizmhmwebinar 35 Business Considerations for 2017-Continued • Consider R&D Credit Opportunities. The credit has been enhanced • Consider bonus payments for employees and/or owners. • Consider establishing retirement plans. • Funding for many plans can occur in 2018, but plans likely need to be established in 2017. • Review business balance sheet to consider disposing of worthless assets (inventory, accounts receivable, etc.) • Business sense should NOT be overridden by possible tax benefits.
  • 37. #cbizmhmwebinar 37 House Tax Reform Bill • On Nov. 2, 2017, House Republicans released draft tax reform legislation, the Tax Cuts and Jobs Act • Revisions are underway and House leaders want a vote on the bill by Thanksgiving • Senate plans to releases it own tax bill the week of November 13 • The Committee for a Responsible Federal Budget estimates that the Tax Cuts and Jobs Act would add $1.51 trillion to the debt
  • 38. #cbizmhmwebinar 38 How Taxes Would Change Under the House Tax Reform Proposal Individual Income Tax Current House Proposal Individual Tax Rates 7 brackets with a top rate of 39.6% 4 brackets: 12%, 25%, 35%, and 39.6% Itemized Deductions Allow for medical, state/local income taxes, property taxes, certain mortgage and investment interest, charitable donations and miscellaneous itemized Some enhanced charitable deductions, more restricted mortgage interest deduction (limitation lowered to $500,000), property tax deduction (limitation lowered to $10,000) and certain fees; no deductions for state and local income taxes, Standard Deduction/Personal Exemptions $12,700 Standard Deduction (married) $6,350 Standard Deduction (single) $4,050 personal exemption All Subject to Potential Phaseout $24,000 Standard Deduction (married) $12,000 Standard Deduction (single) No personal exemption Alternative Minimum Tax 26%/28% Tax Rate, with exemption amount of $53,900 (single); $83,800 (married);$23,900 Trusts Eliminated Rates on Capital Gains/Dividends Top rate of 20%, 1-year holding period Retained Surtax on Net Investment Income 3.8%, above $200,000 AGI (single), $250,000 (married) Trusts with income over $12,400 Retained
  • 39. #cbizmhmwebinar 39 Estate/Gift Tax Current House Proposal Estate Tax $5,490,000, as adjusted for inflation, with top tax rate of 40%. $5,600,000 for 2018 Eliminated for years after 2023 Portability of Estate and Gift Tax Exemption Unused exemption of deceased spouse available (with limitations) Eliminated Lifetime Gift Tax Exemption $5,490,000, adjusted for inflation $5,600,000 for 2018. Increased to $10 million per person until the 2023 tax year Basis of Inherited Assets Stepped up to fair market value at death Retained How Taxes Would Change Under the House Proposal
  • 40. #cbizmhmwebinar 40 Estate/Gift Tax Current House Proposal Gift Tax Annual Exclusion $14,000 per donee as indexed for inflation. $15,000 2018. No Change How Taxes Would Change Under the House Proposal Business Taxes Current House Proposal Corporate Income Tax Top rate of 35% Top rate of 20%, excluding professional service businesses Pass-Through Business Income Top rate of 39.6% Top rate of 25%, including passive investors. Active participants would have 30% of pass-through business income subject to special rate and 70% taxed as ordinary income, excluding professional service businesses
  • 42. #cbizmhmwebinar 42 • 401K –2017 max $18,000 and 2018 max $18,500 • 401K catch up (age 50)– 2017 and 2018 max $6,000 • IRA contribution –2017 and 2018 max $5,500 • IRA catch up (age 50) – 2017 and 2018 max $1,000 • HSA contribution – 2017 $3,400 ($6,750 family); catch up (age 55) - $1,000; 2018 $3,450 ($6,900 family), catch-up $1,000 • Social Security Wage Base –2017 $127,200; 2018 $128,700 • For 2017 Deductible IRAs will phase-out by income • 2017 Lifetime Exemption (Estate and Gift) is $5,490,000 (unless changed by Trump administration) 2017 and 2018 Considerations
  • 43. #cbizmhmwebinar 43 IRS Audit Rates • Individuals • Businesses • IRS Commissioner Koskinen said he anticipates the new rules will increase the number of partnerships examined. The IRS has shed nearly 4,000 enforcement personnel in the past decade tied to hiring freezes and budget cuts. FY 2015 FY 2014 Change Overall 0.84 0.86 (0.02) > $1 million 9.55 7.50 2.05 > $200K 2.61 2.71 (0.10) FY 2015 FY 2014 Change Partnerships 0.51 0.43 0.08 S Corps 0.40 0.36 0.04
  • 44. #cbizmhmwebinar 44 New Partnership Audit Rules • On November 2, 2015 President Obama signed into law the Bipartisan Budget Act of 2015 (BBA). • The new provisions are generally effective for partnership tax years beginning after Dec. 31, 2017. • Partnerships may elect however, to apply the new rules to any returns filed for tax years beginning after Nov. 2, 2015. • New “Opt In” regulations were issued August 4 with requests for comments by October 4 • The BBA provides a fundamental change in the way that examination and collection of tax from partnerships will be conducted.
  • 45. #cbizmhmwebinar 45 Consequences of the Change • New rules default to assessment and collection of underpaid taxes, penalties and interest at the partnership level • Current partners effectively bear the economic burden of such payments, even though they may not have been partners during the year to which the underpaid taxes relate • Under the “default rule” current law, an adjustment that only moves an allocation from one partner to another partner still results in underpaid taxes, because the decrease adjustment must be ignored • Tax computed at the highest rate for individuals or corporations (whichever rate is highest applies to all partners There are two fundamental reasons for the new regime: • There has been a significant increase in the number of partnership (LLC) returns that are filed each year. • There were many challenges to administering an IRS examination under the old rules. • The Joint Committee on Taxation has estimated that the new partnership audit rules will raise $9.3 billion over the next 10 years. Clearly, Congress is giving a mandate to the IRS to audit more large partnerships.
  • 47. #cbizmhmwebinar 47 If You Enjoyed This Webcast… Upcoming Courses: • 11/16 & 11/28: Implementing the New Not-for-Profit Financial Statement Presentation • 12/4 & 12/14: Critical Disclosures- New Revenue Recognition Requirements • 12/6 & 12/13: Opportunities to Offset Payroll Tax Liabilities with Research and Experimentation Credit • 12/14: Tax Considerations for Debt-Financed Distributions from Partnerships Owned by Private Equity Recent Publications: • The Houses Releases Tax Bill: One Step Toward Tax Reform? • 2017 Individual Tax Planning Supplement • 6 Accounting Updates You Don’t Want to Forget for Year End • 2018 Tax Rates and Inflation-Adjusted Figures Released
  • 48. #cbizmhmwebinar 48 Connect with Us linkedin.com/company/ mayer-hoffman-mccann-p.c. @mhm_pc youtube.com/ mayerhoffmanmccann slideshare.net/mhmpc linkedin.com/company/ cbiz-mhm-llc @cbizmhm youtube.com/ BizTipsVideos slideshare.net/CBIZInc MHM CBIZ
  • 49. #cbizmhmwebinar 49 THANK YOU CBIZ & Mayer Hoffman McCann P.C. cbizmhmwebinars@cbiz.com