Tax Guru – Ker$tetter Letter

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Archive for February, 2005

A Reasonable Question To Ask

Posted by taxguru on February 23, 2005

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Posted by taxguru on February 22, 2005

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Posted by taxguru on February 21, 2005

IRS hopes $2 million basic bid for ’67 Ferrari not too taxing   – Would you buy a used car from the IRS? (courtesy of AutoBlog)

 

Visit City Hall to Reduce Your Home’s Assessment

 

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Posted by taxguru on February 21, 2005

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Posted by taxguru on February 21, 2005

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Roth IRAs

Posted by taxguru on February 20, 2005

Q:

Thanks Kerry for your detailed response.  One other potential issue:  In addition to the Voluntary Contribution Plan, I also participate in the Government’s Thrift Savings Plan (TSP).  This is the Government equivalent of a 401K.  When I retire, I am eligible to rollover the balance of my TSP to a regular IRA.  I want to do this at some point.  I realize that when I convert my regular IRA (including VCP contributions) to a Roth, I must pay ordinary income taxes on any portion of the contributions and earnings which resulted from pre-tax contributions.  I am OK with this.  So it appears that I should not rollover my TSP until after my planned Roth conversion.  Is there any way I am risking taxation on my TSP as long as I wait until after the Roth conversion to perform the rollover?  Thanks
 
Regards,

P.S. Love your websites

A:

I don’t see a problem whether you do the TSP rollover before or after you do the Roth conversion.  Roth conversions aren’t an all or nothing situation.  You can decide the specific amount from your regular IRA account to convert to a Roth and pay taxes on.    What would make things easier for you in terms of record keeping would be to have different rollover IRA accounts to keep the pre-tax amounts separate from  the after tax money.  If you commingle those two types of money, it will be more of a task keeping straight your tax free cost basis.

As I mentioned before, I do still have the very same serious concern about paying out very real tax dollars now for promised tax savings several years down the road that could be taken away at any time by our rulers in DC, as I mentioned in my 1999 letter that was published in the Wall Street Journal .  If you’re willing to take that chance, that’s your call.

Good luck.

Kerry

Follow-up Q:

Hi Kerry,

I understand that partial conversions can be done.  However since my TSP consists of all pre-tax contributions and earnings (my VCP and IRA  mostly contain monies which have already been taxed)  having any part of it included will increase the taxable amount of any amount which is converted to a Roth.

I appreciate your concerns regarding depending too much on the tax-free status of Roth withdrawals.  While it is true that the amount of tax code tinkering we are all subjected to seems to increase every year, the extent and nature of any changes is unpredictable.  I have enough trouble reacting to what I already know to be true.  I agree that the future holds higher taxes (and probably higher inflation too).  I feel that it is an easier sell to raise general tax rates rather than do a complete about face on the Roths.  Do you feel that Roths are a bigger target?

Regards,

 

Follow-up A:

The burden is on you to keep good records of your after-tax cost basis in the retirement accounts, so you can recover that much tax free when you make withdrawals.

Across the board tax increases are not as politically feasible as just nailing a group of people that everyone is stirred up to hate, such as evil rich retirees.  Our rulers have already done this very thing to people receiving Social Security, so I find it hard not to imagine the very same thing happening to people with Roth IRAs whose income is over a certain arbitrary level.

I’m not as concerned with people putting new money into Roths and missing out on the current deduction that a conventional IRA has.  I am mostly concerned with people paying out real tax money on converted IRAs with the hope of receiving tax free benefits several years or decades down the road.  I just do no trust the bozos in DC to be fair with this.

I hope I’m wrong; but their past screw-jobs on retirees tell me otherwise. 

It’s your call.

Kerry

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Posted by taxguru on February 18, 2005

Q:

Subject: Exchange Question
 
Hi,

I am writing from Maryland. Last year I sold a piece of land in West Virginia to purchase a primary residence in Maryland. When I originally purchased the land 6 years ago my intent was to build a primary residence on it. I had some financial troubles and deferred building the house. My personal situation changed and I needed to buy a home in Maryland closer to family and work. I ended up selling the land and used every penny as a down payment on my new house which is worth about 10 times the price of what I sold the land for. It doesn’t seem fair that I have to pay capital gains tax, I never intended to keep the land as investment to make money. In addition, I paid out over $1800 in West Virginia property tax over 6 years.

Thank you,

 

A:

As I’m assuming your personal tax advisor has already told you, the fact that you didn’t originally intend to hold that land for appreciation purposes isn’t relevant.  All IRS cares about is how the property was actually used and the fact that you sold it for more than you bought it for.  You should have already been deducting the property taxes on Schedule A in the years in which they were paid.

It’s too late now to change the consequences for you; but for future reference, as well as for others in similar circumstances, there was a way in which you could have legally avoided taxes on the land sale.  I’m assuming that you didn’t bother to consult with a tax pro prior to selling the land, or else this idea would have been brought up.

While a 1031 exchange directly between an investment property and a primary residence is not legal, a two step approach is frequently used in situations similar to yours.  You could have used Sec. 1031 to reinvest the land proceeds into a rental house.  After renting the home out for a reasonable period of time, you could then convert it into your primary residence. 

I hope you have better luck next time, tax wise.

Kerry Kerstetter

 

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Depreciating Living Beings

Posted by taxguru on February 18, 2005

Q:

Subject: can i deduct myself?
 
I’ll assume you’ve already seen this link:

I particularly like the concept of depreciating an ostrich during it’s reproductive period.  I have successfully produced two children.  Do you think I could depreciate myself over 82.5 years (or whatever the going rate is nowadays)?

Thanks for your wonderful website (taxguru.net).  It is the first thing I read every morning.

 

A:

I did see that article.  Depreciating breeding animals is really nothing unusual. I have prepared hundreds of returns doing just that, including horses, cattle, llamas, dogs, and even some kangaroos and wallabies for some clients here in Arkansas.

I realize that you were making a joke about depreciating yourself. However, never missing an opportunity to clarify mystical and arcane tax issues, I do want to comment. 

First is the reason for depreciating an animal or any other asset on tax returns.  This is only allowable for business assets which are being used to earn potentially taxable income. 

When we set up animals for depreciation, we need to establish the appropriate cost basis to use.  For animals that were purchased, we use the amounts paid.  For animals that were born on the client’s premises, there is no new out of pocket cost, so those animals can’t be depreciated. 

So, assuming you were in the business of professionally breeding humans, I’m afraid that your own body has a cost basis of zero.  You didn’t pay anything for it, as it was a gift to you from our creator.

To follow that chain of thought a little further, if a person were to pay for a body part that is to be used in a business enterprise, that cost could be depreciated on the person’s tax return.  I’m sure this is done for show biz celebrities for their cosmetic surgeries and other enhancements that help them earn more money.

Thanks for writing and giving me an interesting topic to discuss.

Kerry Kerstetter

 

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Depreciating Living Beings

Posted by taxguru on February 18, 2005

Q:

Subject: can i deduct myself?
 
I’ll assume you’ve already seen this link:

I particularly like the concept of depreciating an ostrich during it’s reproductive period.  I have successfully produced two children.  Do you think I could depreciate myself over 82.5 years (or whatever the going rate is nowadays)?

Thanks for your wonderful website (taxguru.net).  It is the first thing I read every morning.

 

A:

I did see that article.  Depreciating breeding animals is really nothing unusual. I have prepared hundreds of returns doing just that, including horses, cattle, llamas, dogs, and even some kangaroos and wallabies for some clients here in Arkansas.

I realize that you were making a joke about depreciating yourself. However, never missing an opportunity to clarify mystical and arcane tax issues, I do want to comment. 

First is the reason for depreciating an animal or any other asset on tax returns.  This is only allowable for business assets which are being used to earn potentially taxable income. 

When we set up animals for depreciation, we need to establish the appropriate cost basis to use.  For animals that were purchased, we use the amounts paid.  For animals that were born on the client’s premises, there is no new out of pocket cost, so those animals can’t be depreciated. 

So, assuming you were in the business of professionally breeding humans, I’m afraid that your own body has a cost basis of zero.  You didn’t pay anything for it, as it was a gift to you from our creator.

To follow that chain of thought a little further, if a person were to pay for a body part that is to be used in a business enterprise, that cost could be depreciated on the person’s tax return.  I’m sure this is done for show biz celebrities for their cosmetic surgeries and other enhancements that help them earn more money.

Thanks for writing and giving me an interesting topic to discuss.

Kerry Kerstetter

 

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Posted by taxguru on February 18, 2005

Tax Panel Seeks Public Comment

  1. Headaches, unnecessary complexity, and burdens that taxpayers – both individuals and businesses – face because of the existing system.
  2. Aspects of the tax system that are unfair.
  3. Specific examples of how the tax code distorts important business or personal decisions.
  4. Goals that the Panel should try to achieve as it evaluates the existing tax system and recommends options for reform.

 

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