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10 Most Expensive Tax
  Mistakes That Cost
   Business Owners
      Thousands

         Jaswant S Gill CPA
           281-880-8500
         info@jsgcpas.com
         www.jsgcpas.com
#1: Failing to Plan

“There is nothing wrong with a
 strategy to avoid the payment of
 taxes. The Internal Revenue Code
 doesn’t prevent that.”
     William H. Rehnquist
Why Tax Planning?


1. Key to financial defense
2. Pro-Active results
Taxable Income

                                   Earned income
                                   Interest/dividends
     Add Taxable Income           Capital gains
 minus Adjustments to Income      Pension/IRA/Annuity
                                   Rent/royalty
      minus Deductions
                                   Alimony
      times Tax Bracket
                                   Gambling winnings
      minus Tax Credits           Illegal income
Adjustments to Income

                                 IRA contributions
                                 Moving expenses
    Add Taxable Income          ½ SE tax
 minus Adjustments to Income    SE health insurance
                                 Retirement
     minus Deductions
                                 Alimony
     times Tax Bracket
                                 Student loan interest
     minus Tax Credits
Deductions/Exemptions

                                   Medical/dental
                                   State/local taxes
     Add Taxable Income           Foreign taxes
 minus Adjustments to Income      Interest
                                   Casualty/theft losses
 minus Deductions/Exemptions
                                   Charitable gifts
      times Tax Bracket
                                   Miscellaneous itemized
      minus Tax Credits            deductions
Tax Brackets

                                Rate   Single    HoH      Joint

                                10%      0        0         0
     Add Taxable Income
                                15%    8,501    12,151    17,001
 minus Adjustments to Income
                                25%    34,501   46,251    69,001
      minus Deductions
                                28%    83,601   119,401   139,351
      times Tax Bracket
                                33% 174,401     193,351   212,301
      minus Tax Credits
                                35% 379,151     379,151   379,151
Tax Credits

                                   Family credits
                                   Education credits
     Add Taxable Income           Foreign tax
 minus Adjustments to Income      General business
                                   Low-income housing
      minus Deductions
                                   Renovation
      times Tax Bracket

      minus Tax Credits
Two Kinds of Dollars


     Add Taxable Income
 minus Adjustments to Income   Pre-Tax Dollars
      minus Deductions
      times Tax Bracket

      minus Tax Credits
                                After-Tax Dollars
Keys to Cutting Tax

   “You lose every time you spend after-tax
 dollars that could have been pre-tax dollars.”

1. Earn nontaxable income
2. Maximize deductions and credits
3. Shift income: later years, lower brackets
#2: “Audit Paranoia”

     Schedule C: $0-24,999   1.10%

Schedule C: $25,000-99,999     1.90%

    Schedule C: $100,000+              4.20%

              Partnership 0.40%

                  S-Corp 0.40%
#3: Wrong Business Entity

              C-Corp?

              S-Corp?

            Partnership?

            Sole Prop?
Sole Proprietorship
 Report net               Pay income
 income on                 tax on net
 Schedule C                  income




Pay SE tax up
 to 15.3% on
    income
S-Corporation
Split proceeds                        Pay income
 into “salary”                       tax on salary
and “income”                          and income

                  Salary   Income




Pay FICA up to                      Avoid FICA/SE
15.3% on salary                      tax on income
Employment Tax Comparison

  S-Corp FICA        Proprietorship SE
Salary   $40,000     Income    $80,000
FICA     $6,120      SE Tax    $11,304
 Net     $73,880      Net     $68,696


            S-Corp Saves
               $5,184
#4: Wrong Retirement Plan
      50,000

      40,000
Contribution




      30,000

      20,000

      10,000

               0
                   30,000    60,000            90,000   120,000
                                      Income

                            SEP   SIMPLE       401(k)
Simplified Employee Pension
   “Turbocharged” IRA
                                 30000
   Contribute up to 25% of
    income                       25000

   Max. contribution: $49,000   20000
   Must contribute for all      15000
    eligible employees
                                 10000
   Contributions directed to
                                 5000
    employee IRAs
   No annual administration        0
                                         30,000   60,000   90,000   120,000

                                             SEP Contribution
SIMPLE IRA
   Defer 100% of income up to
    $11,500                      16000

   Age 50+ add $2,500 “catch    14000
    up”                          12000
                                 10000
   Business “match” or “PS”
                                 8000
   Contribute to IRAs           6000
   No annual administration     4000
                                 2000
                                    0
                                         30,000   60,000   90,000   120,000

                                          SIMPLE Contribution
401(k)
   Defer 100% of income up to
    $16,500                       45000
   Age 50+ add $5,500 “catch 40000
    up”                           35000
   Employer contributes up to 30000
                                  25000
    25% of “covered comp”
                                  20000
   Max. contribution: $49,000 15000
   Loans, hardship withdrawals, 10000
    rollovers, etc.                5000
   Simplified administration for     0
    “individual” 401(k)                   30,000   60,000   90,000 120,000

                                            401(k) Contribution
Defined Benefit Plan
   Guarantee up to $185,000
                               Age         Regular            412(i)
   Contribute according to
    age and salary              45         $80,278         $164,970
   Required contributions
   “412(i)” insured plan       50        $133,131         $258,019
   “Dual” plans
                                55        $211,448         $395,634

                                60        $236,910         $450,112

                               Projections based on retirement at age 62
                               with $165,000 annual pretax income.
#5: Missing Family Employment
 Children age 7+
 First $5,800 tax-free
 Next $8,500 taxed at 10%
 “Reasonable” wages
 Written job description, timesheet, check
 Account in child’s name
 FICA/FUTA savings
#5: Missing Family Employment
 Children age 7+
 First $5,800 tax-free
 Next $8,500 taxed at 10%
 “Reasonable” wages
 Written job description, timesheet, check
 Account in child’s name
 FICA/FUTA savings
#6: Missing Medical Benefits
   Employee benefit plan
    – Married: Hire spouse (no salary necessary)
    – Not married: C-corp
 Reimburse employee for medical expenses
 incurred for self, spouse, and dependents
 Works with any insurance
    – Use your own insurance
    – Supplement spouse’s coverage
MERP/105 Plan

 Major medical, LTC, Medicare, “Medigap”
 Co-pays, deductibles, prescriptions
 Dental, vision, and chiropractic
 Braces, fertility treatments, special schools
 Nonprescription medications and supplies
MERP/105 Plan

 Written plan document
 No pre-funding required
    – Reimburse employee
    – Pay provider directly
 Bypass 7.5% floor
 Minimize self-employment tax
Health Savings Account
1.    “High deductible health plan”
     - $1,200+ deductible (individual coverage)
     - $2,400+ deductible (family coverage)

                        Plus
2.    Tax-deductible “Health Savings Account”
     - Contribute & deduct up to $3,050/$6,150 per year
     - Account grows tax-free
     - Tax-free withdrawals for qualified expenses
#7: Missing A Home Office
“Principal place of business”:
1. “exclusively and regularly for administrative
   or management activities of your trade or
   business”
2. “you have no other fixed location where you
   conduct substantial administrative or
   management activities of your trade or
   business.”
   Source: IRS Publication 587
#7: Missing Home Office
   Determine “BUP” of home
    – Divide by rooms
    – Square footage                    1500
    – Eliminate “common areas”
                                 100


                                  144
#7: Missing Home Office
 Deduct “BUP” of expenses:
   – Mortgage/property taxes
     (better than Schedule A)
   – Utilities/security/cleaning
   – Office furniture/decor
   – Depreciation (39 years)
 Increase business miles
#7: Missing Home Office
   When you sell:
    – Recapture depreciation
    – Keep tax-free exclusion
#8: Missing Car/Truck Expenses
AAA Driving Costs Survey (2010)
             Vehicle                         Cents/Mile
          Small Sedan                             43.3
        Medium Sedan                              56.2
          Large Sedan                             70.2
            4WD SUV                               73.9
             Minivan                              62.0
   Figures assume 15,000 miles/year; $2.603/gallon gas
#9: Missing Meals/Entertainment
   Bona fide business discussion
    –   Clients
    –   Prospects
    –   Referral Sources
    –   Business colleagues
 50% of most expenses
 Home entertainment
 Associated entertainment
#9: Missing Meals/Entertainment
 How much?
 When?
 Where?
 Business purpose?
 Business relationship?
#10: Missing Tax Coaching Service
   True Tax Planning
   Written Tax Plan
      – Family, Home, and Job
      – Business
      – Investments
     Review Returns
Circular 230 Notification

  In accordance with the provisions of US Treasury Circular 230
   we advise you that this communication and any attachments to
 this message is not intended or written to be used, and cannot be
used for the purpose of avoiding tax penalties, under the IRS code,
 or promoting, marketing or recommending to another party any
      tax related matters addressed in this e-mail message or
                            attachments.



                 www.jsgcpas.com
                info@jsgcpas.com
                  281-880-8500

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10 Most Expensive Tax Mistakes That Cost Business Owners Thousands‏

  • 1. 10 Most Expensive Tax Mistakes That Cost Business Owners Thousands Jaswant S Gill CPA 281-880-8500 info@jsgcpas.com www.jsgcpas.com
  • 2. #1: Failing to Plan “There is nothing wrong with a strategy to avoid the payment of taxes. The Internal Revenue Code doesn’t prevent that.” William H. Rehnquist
  • 3. Why Tax Planning? 1. Key to financial defense 2. Pro-Active results
  • 4. Taxable Income  Earned income  Interest/dividends  Add Taxable Income  Capital gains  minus Adjustments to Income  Pension/IRA/Annuity  Rent/royalty  minus Deductions  Alimony  times Tax Bracket  Gambling winnings  minus Tax Credits  Illegal income
  • 5. Adjustments to Income  IRA contributions  Moving expenses  Add Taxable Income  ½ SE tax  minus Adjustments to Income  SE health insurance  Retirement  minus Deductions  Alimony  times Tax Bracket  Student loan interest  minus Tax Credits
  • 6. Deductions/Exemptions  Medical/dental  State/local taxes  Add Taxable Income  Foreign taxes  minus Adjustments to Income  Interest  Casualty/theft losses  minus Deductions/Exemptions  Charitable gifts  times Tax Bracket  Miscellaneous itemized  minus Tax Credits deductions
  • 7. Tax Brackets Rate Single HoH Joint 10% 0 0 0  Add Taxable Income 15% 8,501 12,151 17,001  minus Adjustments to Income 25% 34,501 46,251 69,001  minus Deductions 28% 83,601 119,401 139,351  times Tax Bracket 33% 174,401 193,351 212,301  minus Tax Credits 35% 379,151 379,151 379,151
  • 8. Tax Credits  Family credits  Education credits  Add Taxable Income  Foreign tax  minus Adjustments to Income  General business  Low-income housing  minus Deductions  Renovation  times Tax Bracket  minus Tax Credits
  • 9. Two Kinds of Dollars  Add Taxable Income  minus Adjustments to Income Pre-Tax Dollars  minus Deductions  times Tax Bracket  minus Tax Credits After-Tax Dollars
  • 10. Keys to Cutting Tax “You lose every time you spend after-tax dollars that could have been pre-tax dollars.” 1. Earn nontaxable income 2. Maximize deductions and credits 3. Shift income: later years, lower brackets
  • 11. #2: “Audit Paranoia” Schedule C: $0-24,999 1.10% Schedule C: $25,000-99,999 1.90% Schedule C: $100,000+ 4.20% Partnership 0.40% S-Corp 0.40%
  • 12. #3: Wrong Business Entity C-Corp? S-Corp? Partnership? Sole Prop?
  • 13. Sole Proprietorship Report net Pay income income on tax on net Schedule C income Pay SE tax up to 15.3% on income
  • 14. S-Corporation Split proceeds Pay income into “salary” tax on salary and “income” and income Salary Income Pay FICA up to Avoid FICA/SE 15.3% on salary tax on income
  • 15. Employment Tax Comparison S-Corp FICA Proprietorship SE Salary $40,000 Income $80,000 FICA $6,120 SE Tax $11,304 Net $73,880 Net $68,696 S-Corp Saves $5,184
  • 16. #4: Wrong Retirement Plan 50,000 40,000 Contribution 30,000 20,000 10,000 0 30,000 60,000 90,000 120,000 Income SEP SIMPLE 401(k)
  • 17. Simplified Employee Pension  “Turbocharged” IRA 30000  Contribute up to 25% of income 25000  Max. contribution: $49,000 20000  Must contribute for all 15000 eligible employees 10000  Contributions directed to 5000 employee IRAs  No annual administration 0 30,000 60,000 90,000 120,000 SEP Contribution
  • 18. SIMPLE IRA  Defer 100% of income up to $11,500 16000  Age 50+ add $2,500 “catch 14000 up” 12000 10000  Business “match” or “PS” 8000  Contribute to IRAs 6000  No annual administration 4000 2000 0 30,000 60,000 90,000 120,000 SIMPLE Contribution
  • 19. 401(k)  Defer 100% of income up to $16,500 45000  Age 50+ add $5,500 “catch 40000 up” 35000  Employer contributes up to 30000 25000 25% of “covered comp” 20000  Max. contribution: $49,000 15000  Loans, hardship withdrawals, 10000 rollovers, etc. 5000  Simplified administration for 0 “individual” 401(k) 30,000 60,000 90,000 120,000 401(k) Contribution
  • 20. Defined Benefit Plan  Guarantee up to $185,000 Age Regular 412(i)  Contribute according to age and salary 45 $80,278 $164,970  Required contributions  “412(i)” insured plan 50 $133,131 $258,019  “Dual” plans 55 $211,448 $395,634 60 $236,910 $450,112 Projections based on retirement at age 62 with $165,000 annual pretax income.
  • 21. #5: Missing Family Employment  Children age 7+  First $5,800 tax-free  Next $8,500 taxed at 10%  “Reasonable” wages  Written job description, timesheet, check  Account in child’s name  FICA/FUTA savings
  • 22. #5: Missing Family Employment  Children age 7+  First $5,800 tax-free  Next $8,500 taxed at 10%  “Reasonable” wages  Written job description, timesheet, check  Account in child’s name  FICA/FUTA savings
  • 23. #6: Missing Medical Benefits  Employee benefit plan – Married: Hire spouse (no salary necessary) – Not married: C-corp  Reimburse employee for medical expenses incurred for self, spouse, and dependents  Works with any insurance – Use your own insurance – Supplement spouse’s coverage
  • 24. MERP/105 Plan  Major medical, LTC, Medicare, “Medigap”  Co-pays, deductibles, prescriptions  Dental, vision, and chiropractic  Braces, fertility treatments, special schools  Nonprescription medications and supplies
  • 25. MERP/105 Plan  Written plan document  No pre-funding required – Reimburse employee – Pay provider directly  Bypass 7.5% floor  Minimize self-employment tax
  • 26. Health Savings Account 1. “High deductible health plan” - $1,200+ deductible (individual coverage) - $2,400+ deductible (family coverage) Plus 2. Tax-deductible “Health Savings Account” - Contribute & deduct up to $3,050/$6,150 per year - Account grows tax-free - Tax-free withdrawals for qualified expenses
  • 27. #7: Missing A Home Office “Principal place of business”: 1. “exclusively and regularly for administrative or management activities of your trade or business” 2. “you have no other fixed location where you conduct substantial administrative or management activities of your trade or business.” Source: IRS Publication 587
  • 28. #7: Missing Home Office  Determine “BUP” of home – Divide by rooms – Square footage 1500 – Eliminate “common areas” 100 144
  • 29. #7: Missing Home Office  Deduct “BUP” of expenses: – Mortgage/property taxes (better than Schedule A) – Utilities/security/cleaning – Office furniture/decor – Depreciation (39 years)  Increase business miles
  • 30. #7: Missing Home Office  When you sell: – Recapture depreciation – Keep tax-free exclusion
  • 31. #8: Missing Car/Truck Expenses AAA Driving Costs Survey (2010) Vehicle Cents/Mile Small Sedan 43.3 Medium Sedan 56.2 Large Sedan 70.2 4WD SUV 73.9 Minivan 62.0 Figures assume 15,000 miles/year; $2.603/gallon gas
  • 32. #9: Missing Meals/Entertainment  Bona fide business discussion – Clients – Prospects – Referral Sources – Business colleagues  50% of most expenses  Home entertainment  Associated entertainment
  • 33. #9: Missing Meals/Entertainment  How much?  When?  Where?  Business purpose?  Business relationship?
  • 34. #10: Missing Tax Coaching Service  True Tax Planning  Written Tax Plan – Family, Home, and Job – Business – Investments  Review Returns
  • 35. Circular 230 Notification In accordance with the provisions of US Treasury Circular 230 we advise you that this communication and any attachments to this message is not intended or written to be used, and cannot be used for the purpose of avoiding tax penalties, under the IRS code, or promoting, marketing or recommending to another party any tax related matters addressed in this e-mail message or attachments. www.jsgcpas.com info@jsgcpas.com 281-880-8500