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Tax Tips, Tools and
Traps
Presenter
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hereOverview
• In 2001, there were 1.4M words in the Internal
Revenue Code. In 2011, there were 3.7M words
• The Government is expected to collect $3.3
Trillion in 2015
• The US GDP will be approximately $17 Trillion in
2015
Presenter
Logo
hereOverview (continued)
• Sources of Tax Revenue
Presenter
Logo
hereOverview (continued)
• Who Pays the Income Tax?
Tax Data after Refundable Credits
AGI under AGI AGI AGI AGI AGI over
$50K $50-100K $100-200K $200-500K $500K-1M $1M Total
Number of Returns Thousands
2011 95,039 30,876 14,756 3,802 598 301 140,671
2010 94,064 30,533 13,998 3,472 544 280 138,595
Increase 1.04% 1.12% 5.42% 9.50% 9.93% 7.50% 1.50%
2011 Percent of Total 67.56% 21.95% 10.49% 2.70% 0.43% 0.21% 100.00%
Number of Returns
Presenter
Logo
hereOverview (continued)
0
10000
20000
30000
40000
50000
60000
70000
80000
90000
100000
2011
2010
Number of Returns (in Thousands)
Presenter
Logo
hereOverview (continued)
AGI under AGI AGI AGI AGI AGI over
$50K $50-100K $100-200K $200-500K $500K-1M $1M Total
Total AGI Millions
2011 1,766,945 2,197,423 1,977,406 1,080,932 403,585 947,854 8,374,145
2010 1,768,937 2,171,323 1,869,639 985,431 368,354 925,458 8,089,142
Increase -0.11% 1.20% 5.76% 9.69% 9.56% 2.42% 3.52%
2011 Percent of Total 21.10% 26.24% 23.61% 12.91% 4.82% 11.32% 100.00%
Total AGI (in Millions)
Presenter
Logo
hereOverview (continued)
0
500000
1000000
1500000
2000000
2500000
2011
2010
Total AGI (in Millions)
Presenter
Logo
hereOverview (continued)
AGI under AGI AGI AGI AGI AGI over
$50K $50-100K $100-200K $200-500K $500K-1M $1M Total
Net Income Tax Millions
2011 (20,748) 187,359 248,858 212,391 97,600 220,459 945,919
2010 (44,986) 163,172 224,187 192,784 88,586 215,143 838,886
Increase -53.88% 14.82% 11.00% 10.17% 10.18% 2.47% 12.76%
2011 Percent of Total -2.19% 19.81% 26.31% 22.45% 10.32% 23.31% 100.00%
Net Income Tax (in Millions)
Tax Rate
2011 -1.17% 8.53% 12.59% 19.65% 24.18% 23.26%
2010 -2.54% 7.51% 11.99% 19.56% 24.05% 23.25%
Increase -53.83% 13.46% 4.95% 0.44% 0.56% 0.05%
Tax Rate
Presenter
Logo
hereOverview (continued)
-100000
-50000
0
50000
100000
150000
200000
250000
300000 AGIunder$50K
AGI$50-100K
AGI$100-200K
AGI$200-500K
AGI$500K-1M
AGIover1M 2011
2010
-5.00%
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%
2011
2010
Tax RateNet Income Tax (in Millions)
Presenter
Logo
here
Year End Tax Extender Legislation
for Individuals
• Sales Tax Deduction through 2014
• Higher Education Deduction through 2014 with
an AGI limit
• Exclusion of Mortgage Debt Cancellation through
2014 for up to $2M
Presenter
Logo
here
Year End Tax Extender Legislation
for Individuals (continued)
• Mortgage Insurance Premium deductions
through 2014 with an AGI limit
• Exclusion of Charitable Distributions from IRA’s
through 2014 up to $100K
Presenter
Logo
here
Year End Tax Extender Legislation
for Individuals (continued)
• The extender package did not address the Pease
Limitation that was brought back in 2013 that
reduces the value of itemized deductions by 3%
for every dollar above $305K up to 80%. The limit
does not impact medical expenses, investment
interest expenses, casualty losses, and gambling
losses.
Presenter
Logo
here
Year End Tax Extender Legislation
for Businesses
• Good news on Bonus Depreciation since the 50
percent deduction was extended through 2014.
• Same for Section 179 with a $500K expensing
election with a $2M phase out investment
limitation. After 2015, the deduction reverts
again to $25K.
Presenter
Logo
here
Year End Tax Extender Legislation
for Businesses (continued)
• Improvements to Qualified Leasehold Property
have beneficial recovery options that are often
overlooked
• The R&D credit was extended through 2014.
• 100% Exclusion for Gain on Qualified Small
Business Stock was extended through 2014 for
stock acquired after September 2010 and before
2015.
Presenter
Logo
here
Year End Tax Extender Legislation
for Businesses (continued)
• The Work Opportunity Credit was extended through
2014. Generally, this is $2,400 tax credit against the
first year wages of a newly-hired veteran.
• The Built-in Gains Tax Reduced Recognition Period
for S Corporations was extended through 2014.
Generally, the recognition period is 10 years;
however, it is only 5 years for asset dispositions
occurring in 2011-2014.
Presenter
Logo
hereCost of the Extenders
• Research Credit = $8B
• Mortgage Debt Forgiveness
Exclusion = $3B
• Sales Tax Deduction = $3B
• Qualified Leasehold
Improvement Deductions = $2B
• Mortgage Insurance Premium
Deductions = $1B
• Bonus & Section 179
Deductions = $3B
0
1
2
3
4
5
6
7
8
In billions
Presenter
Logo
hereThe President’s Proposals for Individuals
• Make permanent the Earned Income and related
credits based on AGI limitations – cost is $154B
• Expand the Earned Income Credit to childless
workers – cost is $60B
• IRA Auto Enrollment – cost is $15B
Presenter
Logo
here
The President’s Proposals for Individuals
(continued)
• Limit the benefit from itemized deductions to 28
percent – increased revenue is $598B
• Reform Estate Tax by reducing the exclusions,
increasing the tax rates, and reforming some tax
strategies that have been utilized in the past –
increased revenue is $131B
Presenter
Logo
here
The President’s Proposals for Individuals
(continued)
• Increased IRS enforcement funding – increased
revenue is $75B
• Ensure that the tax rate of any household earning
more than $1M is at least 30 percent – increased
revenue of $53B
Presenter
Logo
here
The President’s Proposals for Individuals
(continued)
• Restrict the benefit that can be deferred in
retirement plans (i.e., limit not just the
contribution, but also the earnings of the
accounts) – increased revenue is $34B
• Tax a Carried Interest as compensation for
investment partnerships – increased revenue is
$14B
Presenter
Logo
hereThe President’s Proposals for Businesses
• Lower the corporate tax rate to 28 percent for
most corporations and 25 percent for
manufacturing – unfortunately this is just a goal
as the revenue reduction must be offset by tax
increases related to the reduction of “loopholes”.
• Make the Research Credit permanent – cost is
$108B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Make permanent the exclusion for investments in
Small Business Stocks – cost is $9B
• Increase employer’s FUTA wage base from $7K to
$15K – increased revenue is $74B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Change the revenue recognition of derivatives
investments to mark-to-market and characterize
gains as ordinary income – increased revenue is
$19B
• Impose self-employment tax on professional
service income generated by S corporations –
increased revenue is $38B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Make permanent the Section 179 expensing
election – cost is $57B
• Defer interest on foreign investments in offshore
businesses until profits are repatriated –
increased revenue is $43B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Change the computational method for realizing a
Foreign Tax Credit as well as the definition of
creditable taxes (the latter would mainly impact
E&P companies) – increased revenue is $85B
• Expand the definition of subpart F to include
excess profits obtained from IP migrations to low
tax jurisdictions – increased revenue is $26B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Restrict deductions related to debt financing of
US subsidiaries (earnings stripping) – increased
revenue is $49B
• Expand the definition of subpart F to include
sales of digital goods and services – increased
revenue is $12B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Expand the definition of subpart F by narrowing
the application of the manufacturing exception to
those foreign subsidiaries that actually make the
product (i.e., contract and toll manufacturing
arrangement would no longer qualify for the
exception) – increased revenue of $25B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Strengthen the anti-inversion provisions of
Section 7874 – increased revenue of $17B
• Repeal the LIFO election for inventory – increased
revenue of $83B
• Limit the Like-Kind exchange deferral to $1M –
increased revenue of $18B
Presenter
Logo
here
The President’s Proposals for Businesses
(continued)
• Require the amortization of intangible drilling
costs, eliminate percentage depletion, and
exclude use of the DPAD for the extraction
industry
• There is an expansion and extension of a number
of green energy incentives.
Presenter
Logo
here
THANK YOU

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Tax Tools and Tips and Traps ... Oh My!

  • 2. Presenter Logo hereOverview • In 2001, there were 1.4M words in the Internal Revenue Code. In 2011, there were 3.7M words • The Government is expected to collect $3.3 Trillion in 2015 • The US GDP will be approximately $17 Trillion in 2015
  • 4. Presenter Logo hereOverview (continued) • Who Pays the Income Tax? Tax Data after Refundable Credits AGI under AGI AGI AGI AGI AGI over $50K $50-100K $100-200K $200-500K $500K-1M $1M Total Number of Returns Thousands 2011 95,039 30,876 14,756 3,802 598 301 140,671 2010 94,064 30,533 13,998 3,472 544 280 138,595 Increase 1.04% 1.12% 5.42% 9.50% 9.93% 7.50% 1.50% 2011 Percent of Total 67.56% 21.95% 10.49% 2.70% 0.43% 0.21% 100.00% Number of Returns
  • 6. Presenter Logo hereOverview (continued) AGI under AGI AGI AGI AGI AGI over $50K $50-100K $100-200K $200-500K $500K-1M $1M Total Total AGI Millions 2011 1,766,945 2,197,423 1,977,406 1,080,932 403,585 947,854 8,374,145 2010 1,768,937 2,171,323 1,869,639 985,431 368,354 925,458 8,089,142 Increase -0.11% 1.20% 5.76% 9.69% 9.56% 2.42% 3.52% 2011 Percent of Total 21.10% 26.24% 23.61% 12.91% 4.82% 11.32% 100.00% Total AGI (in Millions)
  • 8. Presenter Logo hereOverview (continued) AGI under AGI AGI AGI AGI AGI over $50K $50-100K $100-200K $200-500K $500K-1M $1M Total Net Income Tax Millions 2011 (20,748) 187,359 248,858 212,391 97,600 220,459 945,919 2010 (44,986) 163,172 224,187 192,784 88,586 215,143 838,886 Increase -53.88% 14.82% 11.00% 10.17% 10.18% 2.47% 12.76% 2011 Percent of Total -2.19% 19.81% 26.31% 22.45% 10.32% 23.31% 100.00% Net Income Tax (in Millions) Tax Rate 2011 -1.17% 8.53% 12.59% 19.65% 24.18% 23.26% 2010 -2.54% 7.51% 11.99% 19.56% 24.05% 23.25% Increase -53.83% 13.46% 4.95% 0.44% 0.56% 0.05% Tax Rate
  • 9. Presenter Logo hereOverview (continued) -100000 -50000 0 50000 100000 150000 200000 250000 300000 AGIunder$50K AGI$50-100K AGI$100-200K AGI$200-500K AGI$500K-1M AGIover1M 2011 2010 -5.00% 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 2011 2010 Tax RateNet Income Tax (in Millions)
  • 10. Presenter Logo here Year End Tax Extender Legislation for Individuals • Sales Tax Deduction through 2014 • Higher Education Deduction through 2014 with an AGI limit • Exclusion of Mortgage Debt Cancellation through 2014 for up to $2M
  • 11. Presenter Logo here Year End Tax Extender Legislation for Individuals (continued) • Mortgage Insurance Premium deductions through 2014 with an AGI limit • Exclusion of Charitable Distributions from IRA’s through 2014 up to $100K
  • 12. Presenter Logo here Year End Tax Extender Legislation for Individuals (continued) • The extender package did not address the Pease Limitation that was brought back in 2013 that reduces the value of itemized deductions by 3% for every dollar above $305K up to 80%. The limit does not impact medical expenses, investment interest expenses, casualty losses, and gambling losses.
  • 13. Presenter Logo here Year End Tax Extender Legislation for Businesses • Good news on Bonus Depreciation since the 50 percent deduction was extended through 2014. • Same for Section 179 with a $500K expensing election with a $2M phase out investment limitation. After 2015, the deduction reverts again to $25K.
  • 14. Presenter Logo here Year End Tax Extender Legislation for Businesses (continued) • Improvements to Qualified Leasehold Property have beneficial recovery options that are often overlooked • The R&D credit was extended through 2014. • 100% Exclusion for Gain on Qualified Small Business Stock was extended through 2014 for stock acquired after September 2010 and before 2015.
  • 15. Presenter Logo here Year End Tax Extender Legislation for Businesses (continued) • The Work Opportunity Credit was extended through 2014. Generally, this is $2,400 tax credit against the first year wages of a newly-hired veteran. • The Built-in Gains Tax Reduced Recognition Period for S Corporations was extended through 2014. Generally, the recognition period is 10 years; however, it is only 5 years for asset dispositions occurring in 2011-2014.
  • 16. Presenter Logo hereCost of the Extenders • Research Credit = $8B • Mortgage Debt Forgiveness Exclusion = $3B • Sales Tax Deduction = $3B • Qualified Leasehold Improvement Deductions = $2B • Mortgage Insurance Premium Deductions = $1B • Bonus & Section 179 Deductions = $3B 0 1 2 3 4 5 6 7 8 In billions
  • 17. Presenter Logo hereThe President’s Proposals for Individuals • Make permanent the Earned Income and related credits based on AGI limitations – cost is $154B • Expand the Earned Income Credit to childless workers – cost is $60B • IRA Auto Enrollment – cost is $15B
  • 18. Presenter Logo here The President’s Proposals for Individuals (continued) • Limit the benefit from itemized deductions to 28 percent – increased revenue is $598B • Reform Estate Tax by reducing the exclusions, increasing the tax rates, and reforming some tax strategies that have been utilized in the past – increased revenue is $131B
  • 19. Presenter Logo here The President’s Proposals for Individuals (continued) • Increased IRS enforcement funding – increased revenue is $75B • Ensure that the tax rate of any household earning more than $1M is at least 30 percent – increased revenue of $53B
  • 20. Presenter Logo here The President’s Proposals for Individuals (continued) • Restrict the benefit that can be deferred in retirement plans (i.e., limit not just the contribution, but also the earnings of the accounts) – increased revenue is $34B • Tax a Carried Interest as compensation for investment partnerships – increased revenue is $14B
  • 21. Presenter Logo hereThe President’s Proposals for Businesses • Lower the corporate tax rate to 28 percent for most corporations and 25 percent for manufacturing – unfortunately this is just a goal as the revenue reduction must be offset by tax increases related to the reduction of “loopholes”. • Make the Research Credit permanent – cost is $108B
  • 22. Presenter Logo here The President’s Proposals for Businesses (continued) • Make permanent the exclusion for investments in Small Business Stocks – cost is $9B • Increase employer’s FUTA wage base from $7K to $15K – increased revenue is $74B
  • 23. Presenter Logo here The President’s Proposals for Businesses (continued) • Change the revenue recognition of derivatives investments to mark-to-market and characterize gains as ordinary income – increased revenue is $19B • Impose self-employment tax on professional service income generated by S corporations – increased revenue is $38B
  • 24. Presenter Logo here The President’s Proposals for Businesses (continued) • Make permanent the Section 179 expensing election – cost is $57B • Defer interest on foreign investments in offshore businesses until profits are repatriated – increased revenue is $43B
  • 25. Presenter Logo here The President’s Proposals for Businesses (continued) • Change the computational method for realizing a Foreign Tax Credit as well as the definition of creditable taxes (the latter would mainly impact E&P companies) – increased revenue is $85B • Expand the definition of subpart F to include excess profits obtained from IP migrations to low tax jurisdictions – increased revenue is $26B
  • 26. Presenter Logo here The President’s Proposals for Businesses (continued) • Restrict deductions related to debt financing of US subsidiaries (earnings stripping) – increased revenue is $49B • Expand the definition of subpart F to include sales of digital goods and services – increased revenue is $12B
  • 27. Presenter Logo here The President’s Proposals for Businesses (continued) • Expand the definition of subpart F by narrowing the application of the manufacturing exception to those foreign subsidiaries that actually make the product (i.e., contract and toll manufacturing arrangement would no longer qualify for the exception) – increased revenue of $25B
  • 28. Presenter Logo here The President’s Proposals for Businesses (continued) • Strengthen the anti-inversion provisions of Section 7874 – increased revenue of $17B • Repeal the LIFO election for inventory – increased revenue of $83B • Limit the Like-Kind exchange deferral to $1M – increased revenue of $18B
  • 29. Presenter Logo here The President’s Proposals for Businesses (continued) • Require the amortization of intangible drilling costs, eliminate percentage depletion, and exclude use of the DPAD for the extraction industry • There is an expansion and extension of a number of green energy incentives.