
Posted by taxguru on November 27, 2004
Congress and the president are getting spending under control. – We’ll have to see if this is possible. It sounds much too good to be true.
The Politics of Presidential Spending
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Posted by taxguru on November 26, 2004
Q:
Thank you for your helpful website.
Can you please clarify what qualifies as an “in service” date for Section 179 election and the Bonus Depreciation for 2004?
If software and hardware are delivered to a taxpayer but not installed prior to 1-1-2005, can the taxpayer still take the election for 2004?
Does the existence of a sales order qualify?
Thanks for your help
A:
Placed in service means actually being used before the end of the tax year. Just having it on hand or on order is not good enough.
From a practical perspective, you do have to wonder how such things can be verified two or three years after the fact
For software, you should be careful to expense the normal recurring purchases, such as the annual QuickBooks or MS Office upgrades in a normal operating expense account. These don’t need to be capitalized and depreciated or counted against the Section 179 election.
Big customized software or programs expected to be in service for several years do need to be capitalized and depreciated or claimed under Sec. 179.
Your personal tax advisor should be assisting you with this.
Good luck.
Kerry Kerstetter
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Posted by taxguru on November 26, 2004
Q:
If I buy a $25k SUV on december 30th, can I write it off completely? Or is it prorated based on the calendar year?
A:
The Section 179 deduction has never been pro-rated for normal calendar year taxpayers on their 1040. The only time I have encountered the need to pro-rate the maximum Sec. 179 deduction is for the first year of a corporation that is less than twelve months long.
In your situation, it is crucial not only to buy the SUV before midnight on 12/31/04; but also to use it for at least 50% for your business by then. Depending on the cost of the SUV, and its business percentage usage, you could claim as much as $25,000 in Section 179 for it on your 2004 1040.
In addition, if it’s a brand new vehicle, you could also claim the 50% bonus depreciation on the remaining business portion of the cost, after reducing it for the Sec. 179.
Good luck. I hope this helps.
Kerry Kerstetter
Q:
I am self employed, I am not incorporated. Can I still use 179?
I do have a business name and am registered with the city.
Do I have to get commercial plates or register the truck in my name?
A:
You can claim it on your Schedule C.
The vehicle doesn’t have to be in the business’s name. It can be in your personal name. All IRS cares about is how it was used, business vs. personal.
You really do need to work with a tax pro to keep you on the right path. Unfortunately, I am so far behind with work for existing clients that I can’t accept any new ones at this time.
Good luck.
Kerry Kerstetter
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Posted by taxguru on November 26, 2004
Q:
Any advice on the taxability of customer deposits/prepayments received by an S corp on the cash basis? Example: customer deposit received in 12/04 for a service to be performed in 1/05. Does it make any difference whether the customer’s check is placed in a drawer or deposited in a bank account?
A:
For any business operating under the cash basis of accounting, income is reported in the year in which the money is received or you in any other way have constructive receipt of it. Whether it’s actually deposited into your bank account or not isn’t relevant.
Keeping the check in your drawer isn’t the only way undeposited funds could be taxable income. Another example would be a customer down the street from you who tells you he has a check waiting for you to pick up in December. Technically, that is income for December even if you don’t actually pick it up until January because you could have taken the money, meeting the IRS’s definition of “constructive receipt.”
So, in your specific example, that money will be taxable on your 2004 1120S. What you may want to do is spend it on deductible things by midnight on 12/31/04 in order to cancel out as much of that income as possible.
Good luck. I hope this clears up this issue for you.
Kerry Kerstetter
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Posted by taxguru on November 26, 2004
When Is That Holiday Turkey Taxable?
Fake Saudi princess-model countersues American Express – She’s a real piece of work. Suing AmEx for letting her run up charges when she was obviously insane. Selling jewelry and then reporting it stolen for the insurance. Are credit card companies supposed to require a sanity clearance from a psychiatrist before issuing cards?
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Posted by taxguru on November 25, 2004
Another tradition this time of year is setting up the Lacerte tax return organizer for the next year’s filing season. The 2004 organizer is now ready to roll.
Any clients who have already received their 2003 individual income tax returns should notify us when they want their 2004 organizer sent out to them. If you lose the copy we send you, we will have to charge you for the time to print and mail a replacement copy; so put it in a safe place that you can remember.
For those whose 2003 individual returns haven’t been finished yet, there is no need to contact us. We will be including the 2004 organizer in the left pocket of the folder in which your 2003 returns will be located.
Another reminder that organizers are only available for individual (1040) income tax returns. All other kinds of tax returns – corporations, partnerships, LLCS, trusts – must have their data entered in QuickBooks and the data file sent to me when it’s time to prepare the appropriate tax returns.
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Posted by taxguru on November 25, 2004
I received this in response to an earlier Q & A.
Kerry,
You used 25% as the recapture tax rate. Is this the case even if the owner’s tax rate is actually lower. Would it not be taxed at the rate of the owner upon sale of the asset?
Thank you.
My response:
While 25% is the maximum Federal tax rate on most depreciation recapture, and what we use for quick and dirty calculations of possible tax effects, the actual effective rate could be lower depending on the other items of income and loss that the taxpayer has on that year’s 1040. It could even be zero if there are enough losses and deductions of other kinds to offset the recapture income.
This is why it is so important to work with your own professional tax advisor to crunch your real life numbers before undertaking a transaction that could have expensive tax ramifications.
Good luck. I hope this helps.
Kerry Kerstetter
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Posted by taxguru on November 25, 2004
While I was on the phone the other day with the Intuit account rep registering my copies of the versions of QuickBooks 2005 that I was installing on my main computer, we were discussing the online version that they have been pushing me to recommend for the past few years.
I mentioned that one of my biggest reservations about this program was the inability to roll the data back from the online version to the desktop version if that need were to arise or if the client wanted to convert completely to a self contained desktop version of the program. I have considered this to be holding the client a kind of prisoner to their online service because converting to in-house would require a lot of re-entering of data. He told me that they have recently added the capability to export out some of the data, such as customer lists, back to the desktop programs.
On Thanksgiving, while Sherry was outside working on the logs on our main house, I spent a little time going over the features of the online QB program in more detail than I had previously. I was going to try converting one of my company files to online, enter some data and then try to convert it back to desktop and see how much of the new stuff was retained. However, as I was reading the FAQs and poking around the program, I saw enough other problems with the service that I didn’t see a need to spend any more time on the data conversion issue.
Overall, I have to say that I’m not very impressed with what can be done with the online version of QB or the cost of using it. Unless the convenience of enabling multiple persons to have immediate access to the company data files without having to send them back and forth is critical, I would stick with the desktop version.
There are three big reasons for avoiding this that I don’t recall addressing in previous discussions of the online QB service.
Multiple Companies – With the desktop version of the program, you can use it to work with as many company files as you want. Since most of my clients have at least one corporation in addition to their personal 1040 files, that’s at least two company files they need to maintain on a regular basis. Some clients have a multitude of corporations, partnerships, LLCs, and trusts to keep track of. With the desktop version, the client only has to buy one copy of the program, which could be less than $100 for a Basic upgrade. With the online version, pricing starts at $19.95 per month for the first company file plus another $7.95 if you want to use Classes, which is another of my big complaints. You then need to set up a subscription for each other company file you want to maintain. They do offer a 20% discount on the additional company files; but this could still add up to quite a lot of money. For example, an individual with one corporation would have to pay over $50 per month for the online service with the Class feature in each company file. That’s over $600 per year; much higher than just buying even the fancier versions (Pro or Premier) of the desktop program. It would cost a small fortune for those folks who have a dozen or more company files to work with.
Classes – I will be writing another article soon on the importance of using some of the features in QB to better maintain your records and make it easier for your tax preparer. One of the most useful features is the Classes, which I have discussed on several occasions and have always included in my Quicken and QuickBooks tips. Each Class corresponds with a tax return schedule and it makes my tax prep work go so much faster when it is used properly. Why this isn’t part of the basic online service escapes me because it is a critical feature. It’s simply ridiculous to charge extra for this. Not having the Classes feature was one of the reasons I gave a thumbs down to the new Simple Start version of QuickBooks in my review of it last month.
Independence – As much as I love the various online services that are available and the ability to do more and more things all the time from the comfort of my desk, another very scary aspect of relying on an online QuickBooks program is the unreliability of our internet connection. Using the DirecWay satellite service, the only high speed service we can use here in the boonies, we are knocked off constantly when it’s cloudy, rainy, foggy, and even when the sky is perfectly clear. The thought of not being able to access my QB for several hours, or even days, at a time is unthinkable. I have no separate checkbooks for our companies. QuickBooks is our checkbooks. So, unless you have 100% reliable internet service, I would be very cautious about converting to the online QB.
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