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James P. Sacher, CPA
December 8, 2015
3
What to Look for:
• Individuals that have funds in traditional IRAs, that have other
liquid assets, that want to contribute to a Roth IRA
The Opportunity:
• Higher incomes limit an individual’s ability to contribute to an
IRA, both Roth and Traditional
• These income limits don’t apply on a conversion of an IRA to
a Roth
• Converting an IRA to a Roth can be done right after the
contribution to the IRA
• Watch out for the traps for the unwary
ROTH CONVERSION
4
The Benefit:
• The Roth IRA will not only grow tax free; no amount will be
taxable on withdrawal; a permanent tax saving
• No required minimum distributions at age 70 ½
• More can be left to heirs
• May help the taxation of social security benefits
ROTH CONVERSION
5
COMPLIANCE
AFFORDABLE CARE ACT
What to Look for:
• Companies with more than 50 FTEs in 2014 or 2015
The Opportunity:
• Prepare for filing Form 1095-C now for February 1, 2016 filing
deadline
 Many payroll providers won’t do it, or will need lots of information from
you to do it, or will charge an arm-and-a-leg to do it last minute
• Review health insurance costs and coverages and employees
now to determine:
 What is offered
 How much it costs
 Who is eligible
6
COMPLIANCE
AFFORDABLE CARE ACT
The Benefit:
• Timely filing of Form 1095-C with minimal headaches and
surprises
• Stay in compliance with the ACA for 2016 and avoid costly
penalties
• Have information to make a Pay or Play decision
7
SAVINGS ACCOUNT
DON’T USE YOUR HEALTH
What to Look for:
• Anyone contributing to a Health Savings Account that would like to
save more for retirement on a tax deductible basis
The Opportunity:
• Retirement plan contributions and IRA contributions are limited in
amount and by other restrictions
• The HSA in many ways behaves like an IRA
 Funds are invested
 Earnings are tax free/deferred
 Balances can be left to heirs
• Why not just pay for medical costs out of pocket and leave the HSA
alone?
8
SAVINGS ACCOUNT
DON’T USE YOUR HEALTH
The Benefit:
• Available for medical costs in retirement
• Can be left to heirs
• Could be used for non-medical expenses in retirement, the
amounts are just taxable (like an IRA)
• No required minimum distributions
• Out-of-pocket medical expenses are still tax deductible
9
IN YOUR BUSINESS
MAKE TRUSTEES ACTIVE
What to Look for:
• Profitable businesses that are organized as LLCs or partnerships
• The owner has gifted away some ownership to a family trust for
estate planning
The Opportunity:
• The new Net Investment Income Tax is an add on to the income tax
at modest levels of income for a trust
• The income of an LLC that flows out to non-active owners attracts
the NII tax
• Trusts are generally considered non-active owners
• If the active business owner raises the level of the trustee’s
involvement to active, the trust can also be considered active in the
business
10
IN YOUR BUSINESS
MAKE TRUSTEES ACTIVE
The Benefit:
• The NII is avoided by the trust
• Be careful about making a trustee active though
11
LOCATION WISELY
CHOOSE YOUR RESIDENCE
What to Look for:
• Individuals planning on changing their residence
The Opportunity:
• Most Ohio cities have an individual income tax on a resident’s
income
• Townships do not have income taxes
• Areas further from major city centers generally have lower
property tax rates and insurance costs
• Choosing a residence maybe only a short distance away from
a city, in a township can create some real savings
12
LOCATION WISELY
CHOOSE YOUR RESIDENCE
The Benefit:
• Choosing a township as a residence rather than a city can
save on the residence portion of the income tax
 If a city’s residence tax rate after credits is 1%, an individual making
$250,000 per year can save $2,500 in city taxes
 Insurance and property taxes could be lower as well
13
ADDITIONS CAREFULLY
REVIEW CAPITAL
What to Look for:
• Profitable businesses
• Making regular capital expenditures
The Opportunity:
• Although the tax law generally requires capital assets to be
capitalized and depreciated, there are ways to expense the costs
currently
• In 2015, businesses with audited financial statement can expense
up to $5,000 per item purchased
• Without an audited financial statement the limit is $500 (get ready
for 2016)
• Carefully review each invoice to identify individual items that are
under this per item threshold
• Must have a policy and treat consistently with financial statements
14
ADDITIONS CAREFULLY
REVIEW CAPITAL
The Benefit:
• Immediate expensing
• Tax payers with a loss that can’t use section 179 can benefit
• The dollar limit is “per item”; have vendors detail items on
invoices
• Need written policy
15
AGAINST CAT
R&D CREDIT
What to Look for:
• Ohio business paying the Commercial Activity Tax
• Spending money on qualified research
The Opportunity:
• Ohio allows a credit for increased research and development
costs against the Commercial Activity Tax
• The R&D costs that qualify generally follows the federal
definition under Section 41
• If the current year R&D expenses (under section 41) exceed
the average of the prior three years the excess qualifies for
the credit
16
AGAINST CAT
R&D CREDIT
The Benefits:
• The credit earned equals 7% of the excess R&D costs in the
current year
• Any excess credit over the total CAT can be carried forward
for 7 years
17
RETAINED ANNUITY TRUST
CONSIDER THE GRANTOR
What to Look for:
• High net worth individuals
• Willing to make irrevocable gift to a trust
• But still wanting to maintain an income stream
The Opportunity:
• Transfer assets that are likely to appreciate to a GRAT
• Set the GRAT up to make annual annuity payment to the
donor for a fixed term
• The present value of the annuity payment reduces the value
of the gift transferred to the trust
• Use income producing and high appreciation assets
18
RETAINED ANNUITY TRUST
CONSIDER THE GRANTOR
The Benefit:
• The amount of the gift value is minimized because of the
retained interest
• Income of the GRAT is taxed to the donor so further estate
savings because the trust assets aren’t depleted for taxes
• Trust assets can remain in trust beyond the annuity term
19
FILE FOR SOCIAL SECURITY
CONSIDER WHEN AND HOW TO
What to Look for:
• Individuals nearing retirement age
The Opportunity:
• Review your financial situation before claiming benefits and
consider the following:
 How much the reduced benefit from early filing might cost, including COLAs
and Delayed Retirement Credits
 The impact of delaying benefits on Survivor benefits
 How social security benefits will be taxed
• Planning for spousal benefits is complicated and must consider the:
 Worker benefits
 Spousal benefits
 Survivor benefits
• Have a professional review your Medicare benefits options during
open enrollment
20
FILE FOR SOCIAL SECURITY
CONSIDER WHEN AND HOW TO
The Benefit:
• Proper planning can have a dramatic impact on benefits
 Example: How delaying Social Security can benefit a surviving spouse
If both spouses start
collecting benefits at age
62, and the husband
dies at age 82
If the wife collects at age
62, the husband delays
benefits to age 70, and
he dies at age 82
Initial benefit for husband $12,000 $26,751
Initial benefit for wife (on her own
work record) $12,000 $12,000
Benefit that will continue for
surviving spouse $21,673 $38,133
21
FILE FOR SOCIAL SECURITY
CONSIDER WHEN AND HOW TO
The Benefit:
• Income taxes can be minimized
 Approach A: Taking reduced Social Security early and supplementing
with higher IRA withdrawals
 Approach B: Delaying Social Security
22
FILE FOR SOCIAL SECURITY
CONSIDER WHEN AND HOW TO
 Approach A: Taking reduced Social Security early and supplementing with
higher IRA withdrawals
 Approach B: Delaying Social Security
Approach A Approach B
Adjustment amount $25,000
IRA income $45,000 $20,000
Social Security + $45,000 + $70,000
Total pre-tax income = $90,000 = $90,000
AGI $45,000 $20,000
Plus tax-exempt income + $0 + $0
Modified AGI = $45,000 = $20,000
Social Security benefits $45,000 $70,000
Amount includable in gross income
(least of the three tests)
$25,975 $15,350
Taxable income $70,975 $35,350
Difference - $35,625
23
OHIO SBD
What to Look for:
• Profitable businesses doing business in the state of Ohio
The Opportunity:
• Any business doing business in the State of Ohio
24
OHIO SBD
The Benefit:
• The state offers an automatic deduction on individual income
tax returns for 75% of the taxable income of a flow through
entity or sole proprietorship up to $187,500 for Ohio based
income
• Don’t forget about the following:
 Interest
 Dividends
 Capital gains
 Ohio depreciation add back
 Wages for greater than 20% owners
 And of course the subtractions
25
DESIGNATION FORMS
CHECK BENEFICIARY
What to Look for:
• Anyone with an IRA or retirement plan
The Opportunity:
Avoid these 10 costly mistakes:
1.) No named beneficiaries
2.) Naming your will or estate
as your beneficiary
3.) Minor beneficiaries
4.) College age beneficiaries
5.) Ex-spouse as a beneficiary
6.) No contingent beneficiary
7.) Special needs individual as a beneficiary
8.) Not naming a trust as IRA beneficiary
for asset protection
9.) Naming a generic trust as beneficiary
10.) Elderly parents as beneficiary
26
DESIGNATION FORMS
CHECK BENEFICIARY
The Benefit:
• Assets end up where they belong
• Taxes might be minimized
• Family issues can be avoided
27
SECTION 529 PLAN?
WHO OWNS THE
What to Look for:
• Families planning for college
• That have contributed to 529 plans
• Or are contemplating 529 plans
• With children nearing college age
The Opportunity:
• Proper ownership of the 529 plan can increase financial aid
• Grandparents ownership of 529 plans do not need to be listed as an asset
on the FAFSA form
• However distributions count almost 10X as much as distributions from
parents’ accounts
• Take grandparent owned 529 distributions after January 1 of the student’s
junior year
• Or change ownership to the parent after the same time
28
SECTION 529 PLAN?
WHO OWNS THE
The Benefit:
• The 529 plan assets do not count as an asset which would
reduce financial aid.
• Distributions from the plan won’t affect the untaxed income
counted toward the student’s aid
29
INVESTOHIO IS BACK
BONUS SLIDE:
• Equity contributions
• Used in Ohio for cap ex or payroll growth
• Results in 10% credit of amount invested and spent in Ohio
against the Ohio personal income tax
• Effective for equity contributions and investment between July
1, 2015 and June 30, 2017
30
CONTACT ME
James P. Sacher, CPA
Partner
(440) 449-6800
jsacher@skodaminotti.com

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12 (More) Great Ideas

  • 1. - 1 - 12 (More) Great Ideas WELCOME! Linkedin.com/company/skoda-minotti Twitter.com/SkodaMinotti Facebook.com/SkodaMinotti
  • 2. 12 (More) Great Ideas James P. Sacher, CPA December 8, 2015
  • 3. 3 What to Look for: • Individuals that have funds in traditional IRAs, that have other liquid assets, that want to contribute to a Roth IRA The Opportunity: • Higher incomes limit an individual’s ability to contribute to an IRA, both Roth and Traditional • These income limits don’t apply on a conversion of an IRA to a Roth • Converting an IRA to a Roth can be done right after the contribution to the IRA • Watch out for the traps for the unwary ROTH CONVERSION
  • 4. 4 The Benefit: • The Roth IRA will not only grow tax free; no amount will be taxable on withdrawal; a permanent tax saving • No required minimum distributions at age 70 ½ • More can be left to heirs • May help the taxation of social security benefits ROTH CONVERSION
  • 5. 5 COMPLIANCE AFFORDABLE CARE ACT What to Look for: • Companies with more than 50 FTEs in 2014 or 2015 The Opportunity: • Prepare for filing Form 1095-C now for February 1, 2016 filing deadline  Many payroll providers won’t do it, or will need lots of information from you to do it, or will charge an arm-and-a-leg to do it last minute • Review health insurance costs and coverages and employees now to determine:  What is offered  How much it costs  Who is eligible
  • 6. 6 COMPLIANCE AFFORDABLE CARE ACT The Benefit: • Timely filing of Form 1095-C with minimal headaches and surprises • Stay in compliance with the ACA for 2016 and avoid costly penalties • Have information to make a Pay or Play decision
  • 7. 7 SAVINGS ACCOUNT DON’T USE YOUR HEALTH What to Look for: • Anyone contributing to a Health Savings Account that would like to save more for retirement on a tax deductible basis The Opportunity: • Retirement plan contributions and IRA contributions are limited in amount and by other restrictions • The HSA in many ways behaves like an IRA  Funds are invested  Earnings are tax free/deferred  Balances can be left to heirs • Why not just pay for medical costs out of pocket and leave the HSA alone?
  • 8. 8 SAVINGS ACCOUNT DON’T USE YOUR HEALTH The Benefit: • Available for medical costs in retirement • Can be left to heirs • Could be used for non-medical expenses in retirement, the amounts are just taxable (like an IRA) • No required minimum distributions • Out-of-pocket medical expenses are still tax deductible
  • 9. 9 IN YOUR BUSINESS MAKE TRUSTEES ACTIVE What to Look for: • Profitable businesses that are organized as LLCs or partnerships • The owner has gifted away some ownership to a family trust for estate planning The Opportunity: • The new Net Investment Income Tax is an add on to the income tax at modest levels of income for a trust • The income of an LLC that flows out to non-active owners attracts the NII tax • Trusts are generally considered non-active owners • If the active business owner raises the level of the trustee’s involvement to active, the trust can also be considered active in the business
  • 10. 10 IN YOUR BUSINESS MAKE TRUSTEES ACTIVE The Benefit: • The NII is avoided by the trust • Be careful about making a trustee active though
  • 11. 11 LOCATION WISELY CHOOSE YOUR RESIDENCE What to Look for: • Individuals planning on changing their residence The Opportunity: • Most Ohio cities have an individual income tax on a resident’s income • Townships do not have income taxes • Areas further from major city centers generally have lower property tax rates and insurance costs • Choosing a residence maybe only a short distance away from a city, in a township can create some real savings
  • 12. 12 LOCATION WISELY CHOOSE YOUR RESIDENCE The Benefit: • Choosing a township as a residence rather than a city can save on the residence portion of the income tax  If a city’s residence tax rate after credits is 1%, an individual making $250,000 per year can save $2,500 in city taxes  Insurance and property taxes could be lower as well
  • 13. 13 ADDITIONS CAREFULLY REVIEW CAPITAL What to Look for: • Profitable businesses • Making regular capital expenditures The Opportunity: • Although the tax law generally requires capital assets to be capitalized and depreciated, there are ways to expense the costs currently • In 2015, businesses with audited financial statement can expense up to $5,000 per item purchased • Without an audited financial statement the limit is $500 (get ready for 2016) • Carefully review each invoice to identify individual items that are under this per item threshold • Must have a policy and treat consistently with financial statements
  • 14. 14 ADDITIONS CAREFULLY REVIEW CAPITAL The Benefit: • Immediate expensing • Tax payers with a loss that can’t use section 179 can benefit • The dollar limit is “per item”; have vendors detail items on invoices • Need written policy
  • 15. 15 AGAINST CAT R&D CREDIT What to Look for: • Ohio business paying the Commercial Activity Tax • Spending money on qualified research The Opportunity: • Ohio allows a credit for increased research and development costs against the Commercial Activity Tax • The R&D costs that qualify generally follows the federal definition under Section 41 • If the current year R&D expenses (under section 41) exceed the average of the prior three years the excess qualifies for the credit
  • 16. 16 AGAINST CAT R&D CREDIT The Benefits: • The credit earned equals 7% of the excess R&D costs in the current year • Any excess credit over the total CAT can be carried forward for 7 years
  • 17. 17 RETAINED ANNUITY TRUST CONSIDER THE GRANTOR What to Look for: • High net worth individuals • Willing to make irrevocable gift to a trust • But still wanting to maintain an income stream The Opportunity: • Transfer assets that are likely to appreciate to a GRAT • Set the GRAT up to make annual annuity payment to the donor for a fixed term • The present value of the annuity payment reduces the value of the gift transferred to the trust • Use income producing and high appreciation assets
  • 18. 18 RETAINED ANNUITY TRUST CONSIDER THE GRANTOR The Benefit: • The amount of the gift value is minimized because of the retained interest • Income of the GRAT is taxed to the donor so further estate savings because the trust assets aren’t depleted for taxes • Trust assets can remain in trust beyond the annuity term
  • 19. 19 FILE FOR SOCIAL SECURITY CONSIDER WHEN AND HOW TO What to Look for: • Individuals nearing retirement age The Opportunity: • Review your financial situation before claiming benefits and consider the following:  How much the reduced benefit from early filing might cost, including COLAs and Delayed Retirement Credits  The impact of delaying benefits on Survivor benefits  How social security benefits will be taxed • Planning for spousal benefits is complicated and must consider the:  Worker benefits  Spousal benefits  Survivor benefits • Have a professional review your Medicare benefits options during open enrollment
  • 20. 20 FILE FOR SOCIAL SECURITY CONSIDER WHEN AND HOW TO The Benefit: • Proper planning can have a dramatic impact on benefits  Example: How delaying Social Security can benefit a surviving spouse If both spouses start collecting benefits at age 62, and the husband dies at age 82 If the wife collects at age 62, the husband delays benefits to age 70, and he dies at age 82 Initial benefit for husband $12,000 $26,751 Initial benefit for wife (on her own work record) $12,000 $12,000 Benefit that will continue for surviving spouse $21,673 $38,133
  • 21. 21 FILE FOR SOCIAL SECURITY CONSIDER WHEN AND HOW TO The Benefit: • Income taxes can be minimized  Approach A: Taking reduced Social Security early and supplementing with higher IRA withdrawals  Approach B: Delaying Social Security
  • 22. 22 FILE FOR SOCIAL SECURITY CONSIDER WHEN AND HOW TO  Approach A: Taking reduced Social Security early and supplementing with higher IRA withdrawals  Approach B: Delaying Social Security Approach A Approach B Adjustment amount $25,000 IRA income $45,000 $20,000 Social Security + $45,000 + $70,000 Total pre-tax income = $90,000 = $90,000 AGI $45,000 $20,000 Plus tax-exempt income + $0 + $0 Modified AGI = $45,000 = $20,000 Social Security benefits $45,000 $70,000 Amount includable in gross income (least of the three tests) $25,975 $15,350 Taxable income $70,975 $35,350 Difference - $35,625
  • 23. 23 OHIO SBD What to Look for: • Profitable businesses doing business in the state of Ohio The Opportunity: • Any business doing business in the State of Ohio
  • 24. 24 OHIO SBD The Benefit: • The state offers an automatic deduction on individual income tax returns for 75% of the taxable income of a flow through entity or sole proprietorship up to $187,500 for Ohio based income • Don’t forget about the following:  Interest  Dividends  Capital gains  Ohio depreciation add back  Wages for greater than 20% owners  And of course the subtractions
  • 25. 25 DESIGNATION FORMS CHECK BENEFICIARY What to Look for: • Anyone with an IRA or retirement plan The Opportunity: Avoid these 10 costly mistakes: 1.) No named beneficiaries 2.) Naming your will or estate as your beneficiary 3.) Minor beneficiaries 4.) College age beneficiaries 5.) Ex-spouse as a beneficiary 6.) No contingent beneficiary 7.) Special needs individual as a beneficiary 8.) Not naming a trust as IRA beneficiary for asset protection 9.) Naming a generic trust as beneficiary 10.) Elderly parents as beneficiary
  • 26. 26 DESIGNATION FORMS CHECK BENEFICIARY The Benefit: • Assets end up where they belong • Taxes might be minimized • Family issues can be avoided
  • 27. 27 SECTION 529 PLAN? WHO OWNS THE What to Look for: • Families planning for college • That have contributed to 529 plans • Or are contemplating 529 plans • With children nearing college age The Opportunity: • Proper ownership of the 529 plan can increase financial aid • Grandparents ownership of 529 plans do not need to be listed as an asset on the FAFSA form • However distributions count almost 10X as much as distributions from parents’ accounts • Take grandparent owned 529 distributions after January 1 of the student’s junior year • Or change ownership to the parent after the same time
  • 28. 28 SECTION 529 PLAN? WHO OWNS THE The Benefit: • The 529 plan assets do not count as an asset which would reduce financial aid. • Distributions from the plan won’t affect the untaxed income counted toward the student’s aid
  • 29. 29 INVESTOHIO IS BACK BONUS SLIDE: • Equity contributions • Used in Ohio for cap ex or payroll growth • Results in 10% credit of amount invested and spent in Ohio against the Ohio personal income tax • Effective for equity contributions and investment between July 1, 2015 and June 30, 2017
  • 30. 30 CONTACT ME James P. Sacher, CPA Partner (440) 449-6800 jsacher@skodaminotti.com