Category Archives: CPA Deerfield Beach

What The Fiscal Cliff Means For Your Taxes

After tense negotiations—with a lot of publicity and the threat of deadlock and S & P credit downgrades—the terms of a fiscal cliff resolution have finally been successfully negotiated.

F

 

 

 

 

 

The major tax provisions are as follows:

• The income tax rate increases to 39.6% (up from 35%) for individuals making more than $400,000 a year ($450,000 for joint filers; $425,000 for heads of household);

• The two-percentage-point reduction in payroll taxes for Old Age, Survivors and Disability Insurance (OASDI) tax, commonly known as the Social Security tax, will be allowed to expire;

• The higher exemption amounts for alternative minimum tax (AMT)—the so-called “patch”—are made permanent, resulting an estimated 30 million taxpayers escaping being subject to the AMT;

• Dividends and capital gains are taxed at 20% (up from 15%) for individuals making at least $400,000 ($450,000 for joint returns);

• The Personal Exemption Phaseout (PEP), which had previously been suspended, is reinstated with a starting threshold of $300,000 for joint filers and a surviving spouse, $275,000 for heads of household, $250,000 for single filers, and $150,000 (one-half of the otherwise applicable amount for joint filers) for married taxpayers filing separately. Under the phaseout, the total amount of exemptions that can be claimed by a taxpayer subject to the limitation is reduced by 2% for each $2,500 (or portion thereof) by which the taxpayer’s adjusted gross income (AGI) exceeds the applicable threshold;

• The “Pease“ limitation on deductions, which had previously been suspended, is reinstated with a threshold of $300,000 for joint filers and a surviving spouse, $275,000 for heads of household, $250,000 for single filers, and $150,000 (one-half of the otherwise applicable amount for joint filers) for married taxpayers filing separately. Thus, for taxpayers subject to the “Pease” limitation, the total amount of their itemized deductions is reduced by 3% of the amount by which the taxpayer’s AGI exceeds the threshold amount, with the reduction not to exceed 80% of the otherwise allowable itemized deductions;

• For estate, gift, and generation-skipping transfer (GST) tax purposes, for individuals dying and gifts made after 2012, there is a $5 million exemption (adjusted for inflation), and the top estate, gift and GST rate is permanently increased from 35% to 40%;

• Tax credits for businesses, including the Code Sec. 41 research credit and the Code Sec. 199 domestic production activities deduction, are generally extended through the end of 2013;

• A number of individual tax provisions have been retroactively extended through 2013. In addition, there is a five-year extension of credits that were enhanced as part of the stimulus, including the college tuition credit, the Code Sec. 32 earned income tax credit, and the Code Sec. 24 child tax credit;

• Various energy credits are also extended.

• Other nontax provisions in the bill include a “doc fix,” which stops a 27% reduction in payments to Medicare doctors scheduled to go into effect. Spending cuts as offsets to accomplish this. Unemployment benefits, which were set to expire at the end of 2012, are extended for the long-term unemployed through the end of 2013

For more details please contact us. The information contained within this website is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax, or financial advice from a professional accountant.

 

CPA Deerfield Beach

 

Advertisements

Leave a comment

Filed under CPA Deerfield Beach, CPA South Florida, Deerfield Beach CPA, Tax Planning

Converting nondeductible personal interest into deductible…


Many individuals and families (particularly those with school-age children), use personal loans or credit cards to buy cars or vans, finance private schooling, take vacations, etc.

If you are making significant payments on these kinds of debts, you know you can’t deduct the “personal interest.” That means you are paying the interest portion with after-tax dollars (and perhaps at very high rates as well).

There’s a way to convert your nondeductible interest payments into deductible expense. You can get this tax break if you own your own home.

Specifically, you can take out a home equity loan (in the normal way, from your bank for example) and use the proceeds to pay off your nondeductible debts. You will probably be paying at a lower rate, since many lenders are charging near prime on these loans. And the interest payments will be deductible even though you don’t use the loan for anything connected with the house.

Of course, before you borrow against the equity in your personal residence, you should be certain that you actually get the tax deduction benefit. As always, there are various technical restrictions and limits that may apply, depending on your particular tax facts and circumstances.

First, the loan must be secured by your residence. That is, the lender must have a mortgage interest in it. Don’t confuse so-called “home improvement” loans, which are just one type of personal loan, with qualifying “home equity” loans. The interest on an unsecured home improvement loan isn’t deductible.

Second, the residence securing the debt must either be your principal residence (essentially, the home you live in most of the year) or a single second residence, for example, a vacation home which you use for at least part of the year. If you own more than one “second” residence, a home equity loan secured by only one of them (your choice) can qualify.

Third, although, as noted above, home equity debt doesn’t have to be used on the home, there are limits on the amount of debt than can qualify. Specifically, qualifying home equity debt can’t exceed the lesser of (a) $100,000, or (b) your equity in the home (specifically, the fair market value of the home at the date of the loan reduced by the “acquisition debt,” generally, your first mortgage). For example, say a taxpayer takes out a first mortgage to buy a home worth $300,000. Later, when the first mortgage is still $200,000, but because of a downturn in the real estate market the value of the home has declined to $275,000, the taxpayer takes out a home equity loan to reduce his credit card debts and pay for his daughter’s wedding. The taxpayer will only be able to deduct the interest on a maximum of $75,000 of any home equity loan he takes out ($275,000 fair market value minus $200,000 acquisition debt), even though the lender may be willing to make a loan in excess of the taxpayer’s $75,000 equity in the home. Thus, if the taxpayer took out a $100,000 home equity loan, only 75% of the interest on the loan would be deductible.

Also, you should bear in mind that interest on a home equity loan isn’t deductible for purposes of the alternative minimum tax (AMT), unless you use the loan to improve your home. This is an important consideration, since an increasing number of taxpayers are subject to the AMT.

Note that a home equity lender is required to give you an information return (Form 1098) reporting the interest you paid, but that form doesn’t show the deductible percentage, just the total amount of interest paid.

I would be happy to personally go over all of these rules with you to see if the home equity technique—or other tax-saving strategies that your financial situation may suggest—will work for you.

Please contact us so we can meet.

Leave a comment

Filed under CPA Deerfield Beach, Deductions, Depreciation, Home Equity