Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for October, 2004

Check 21 Takes Effect Today

Posted by taxguru on October 28, 2004

Snopes.com has a good explanation of how the new rules are supposed to work.

 

 

 

 

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Posted by taxguru on October 28, 2004

John Kerry will raise taxes on anyone who knows what the word rich means.

 

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It Was A Surprise To Some People

Posted by taxguru on October 28, 2004

Not everyone was aware that the Section 179 deduction was going to be reduced for SUVs, as per this email I received.

Kerry

I was reading your tax law on section 179 that was updated on Oct 27.  I was surprised to see that there is a limit of 25,000 on the claim for SUV’s I thought this would have been valid through the end of the year.  I am to purchase a 6008 lb vehicle tomorrow and my friend told me that this deduction has gone away but from your article it was reduced from the full
amount to a max of 25K.

If this correct and how did this get passed so quietly… I have not heard of this change at all till reading your document and my tax advise was not aware of it.

Please feel free to call or reply.

My reply:

The issue of limiting the amount deductible for buying SUVs wasn’t actually a new thing.  Ever since the Section 179 deduction was increased from $24,000 to $100,000, and people discovered its ability to be used for business vehicles weighing more than 6,000 pounds (a rule actually passed in 1984), environmental wackos started screaming bloody murder that this was encouraging people to buy evil gas guzzling SUVs.

Several months ago, there was a bill passed by a Senate committee with this new $25,000 limit for SUVs, but it never became part of an actual law.  The law that was just signed by President Bush last week was mainly a stimulus bill, with several tax reductions.  In order to achieve the normal goal of being “fiscally responsible,” our rulers in Congress had to take away some tax breaks in order to offset the new ones they were establishing.  This limit on deducting SUV purchases was just the thing to fit that need.

I guess the issue of adequate advance notice regarding this change is somewhat subjective.  I know that for well over two full weeks prior to its enactment, there were all kinds of discussions about this very topic on several tax and vehicle websites.  There was so much discussion of just this one item, that most people were ignoring the several other parts of that tax law, many of which are very good for those of us who believe in lower taxes.

Having been in this profession for as long as I have, I have yet to figure out any consistent rationale for the effective dates that our rulers in DC use for new tax laws.  Sometimes, it is at the beginning of the following year, while on other occasions, it’s as of the date the law is signed by the President.  We actually have to consider ourselves somewhat lucky that we were given until Bush signed the law, because I have seen several laws over the past decades where similar kinds of restrictions were established effective as of some date several months prior to the signing, based on when a congressional committee inserted that provision into the law.

I hope this clears up any confusion you had over where this new restriction on deducting the cost of SUVs came from.

Kerry Kerstetter

 

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Donating Vehicles

Posted by taxguru on October 28, 2004

I received the following from a client earlier this week:

My husband has acquired a truck that he would like to give to a church as a donation.  The value of the truck is $10,000.00.  He is wanting to know if we can donate about half of the value and except payment from them for the rest.  Also, I can’t remember if there is a cap on the amount of charitable contributions per tax year.  I believe year to date we have given approximately $5,000.

My Reply:

There is no dollar limit on deductions for charitable donations.  There is an annual limit of 50% of your AGI, with any excess carried over to the next year.

The rules for donating vehicles were just changed a bit last week in order to cut down on people claiming high Blue Book values for vehicles that were sold off by charities for much less.  They don’t actually take formal effect until 1/1/05; but following them now wouldn’t be a bad idea as protection against IRS challenge.

If the charity turns around and sells the vehicle after you give it to them or sell it to them at a discount, they must give you a written statement of what that sales price was, which will become the fair market value for your donation.  If you sell the truck to them for less than this amount, the difference can be claimed as a charitable donation.

If the charity actually keeps and uses the vehicle, the value will need to be based on an appraisal if more than $5,000 is being claimed, and other methods (Kelly Blue Book, newspaper ads) if the value claimed is less than $5,000.

Let me know if there are any other questions.

Kerry

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How our rulers actually see things:

Posted by taxguru on October 27, 2004

How dare we peons resent having to pay taxes.  We should all just stop our whining and be eternally grateful that our masters allow us to keep any of our own money.

 

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Undecided Voters = Morons

Posted by taxguru on October 27, 2004

 

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Calif. Prop. 13 Update

Posted by taxguru on October 27, 2004

Of the 58 counties in California, there are only seven left that will allow people to transfer in their lower property tax base from other counties.

  • Alameda
  • San Mateo
  • Los Angeles
  • Santa Clara
  • Orange
  • Ventura
  • San Diego

 

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Posted by taxguru on October 27, 2004

 

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Posted by taxguru on October 27, 2004

The Fair Tax supporters have rebuttals to the arguments being used against their proposal to replace Federal income and estate taxes with a national sales tax. 

 

 

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Posted by taxguru on October 27, 2004

CBO Releases Cost Estimates of ETI Repeal Bill – As with any such analysis, any resemblance to real life is purely coincidental.  Their static analysis methodology has long ago been so discredited that believing any of their predictions is crazy. Their entire presumption that tax rates cuts always cost the government money are ridiculous because the Reagan tax cuts proved that lower rates encourage more taxable economic activity and higher overall revenue.   

 

Group Asks IRS to Investigate Use of American Heart Association Logo – More proof that some people have way too much time on their hands.

 

 

 

 

 

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