Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for March 5th, 2006

Posted by taxguru on March 5, 2006

H&R Block Sues Self Over Tax Snafu – Satire that some attorney is probably trying to turn into reality. Local franchisees would have a case against the Block HQ for the loss of revenue caused by this public screw-up.

 

Reach Retirement Goals – Tips from Gail Buckner

 

Feds Bust More Tax Scammers

Ohio preparer using fake deductions.

Houston preparer using fake deductions for Bosnian immigrants

Nashville preparers using fake businesses to deduct personal expenses.

 

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Deducting Motor Home

Posted by taxguru on March 5, 2006

Q:

Subject: motorhome
 
Dear Kerry,
 
I’m a Sales Manager for a company that makes lasers.  I hate to fly, I hate airports, and I love seeing things along the way while in motion on the ground.  Do you have any thoughts about Section 179, or any other protocol, whereby a truly genuine salesman who is expected to travel to customers could capture a motorhome at an effectively low cost?
 
Thank you sincerely,

A:

I have seen people deduct motor homes under similar situations as you describe.  As with any vehicle, you will need to document the business versus personal miles it is used.  It would also help to have your employer provide you with a letter stating that such a vehicle is necessary for your job and that they are not able to provide you with one.  You will also need to coordinate how your are reimbursed by your employer for its use, such as a per diem or a per mile, and you will need to properly account for such reimbursements on your Form 2106.

Your personal professional tax advisor can give you more specifics for your unique situation.

Good luck.

Kerry Kerstetter

Follow-Up:

Thank you indeed Kerry.

 

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Tax Reference Services

Posted by taxguru on March 5, 2006

Q:

Kerry:
I am trying to find a good tax resource to use for my tax/financial planning firm.  Are Kleinrock’s resources as good as CCH or Thomson?  In particular, I am looking at the Total Kleinrock Office for $600CCH is trying to get me to subscribe to one of their research packages, but they appear to be much more expensive.  I wonder is the additional cost justified to go with one of the other companies (CCH, Thomson)?

Thank you for any feedback you could provide.

A:

I actually subscribed to the TKO service for the past few years, but let it lapse a few months ago because I realized that I almost never used it and couldn’t see spending another $750 (including postage for monthly CDs). 

The QuickFinder books have been plenty for me, and this year, the new TaxBook has been a great resource tool.  When I need to look up an actual IRC section, I visit one of the free online sources that have it.

I hope this helps.

Kerry Kerstetter

 

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Qualifying Income For Sec. 179

Posted by taxguru on March 5, 2006

Q:

I am considering a year end purchase of a lease back sailboat.  I am retired and my only income is taxable capital gains on real estate investments sold during 2005.  Can Section 179 be used to offset real estate capital gains?

Thx,
 
PS  Your web site is very useful.

A:

Schedule D income cannot be offset with a Section 179 expense deduction; but gain reported on Form 4797 (usually for depreciation recapture) can be used against Sec. 179.

If this is going to be a regular thing, you may want to consult with your personal tax advisor about using a C corporation to enable you to offset capital gains and losses on your boat rental business.

Good luck.

Kerry Kerstetter

 

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Working With Corporations

Posted by taxguru on March 5, 2006

Q-1:

Subject: C Corps

Dear Kerry

I read your post and article concerning the comparison between S and C corps. Once you have paid 15% tax on the profits in the C corp, how do you get the money out without paying tax a second time?

Assume my business profit is $90k a year before my salary. I pay myself $40k a year and leave $50k in the C Corp. We both pay 15% and the C corp now has $42.5k sitting in the bank. I am not understanding how I could use that money (e.g. to invest, buy a house, pay rent, buy a tv or go on a holiday) without having to pay tax again at my personal rate or as a dividend. Can you provide some more insight?

Secondly, you talk about managing income and timing the tax year. If the C corp is operating the business, how does paying it for rent or marketing end up as a deduction on my tax return? As I understand it, the only building I would be renting is my personal residence and as I don’t run the business myself, I have nothing to market / advertise. I can see how it could pay me a consulting fee or a royalty fee, but how do I shift money back to it?

Many thanks in advance for your time,

A-1:

There are several very easy ways to shift income back and forth between a C corp and its owners in ways that are deductible by the payer and income that is only taxed once by the recipient. The key is to be consistent on both sets of books in regard to how each payment is categorized.

You can rent other items to the corp besides your home office. Other business assets, such as vehicles, furniture, computers and other equipment, are frequently leased to a corp.

You need to be working with a qualified professional tax advisor who can help you set this up. You also need to have good up to date books for both your personal and corp finances in order to know how much money needs to be shifted.

One misconception you may have is that the corp account needs to be zeroed out at any time. That isn’t necessary. Corporations have the potential to live on forever; so you may want to leave some assets in it when you pass it your heirs.

This really requires working with a tax pro who can properly analyze your unique situation.

Good luck.

Kerry Kerstetter

Q-2:

Hi Kerry

Thanks for your reply and answers. Do your recommendations still apply for personal service corporations or are the majority of the benefits removed
due to the higher tax rate?

Many thanks,

A-2:

Many of the benefits with a PSC are the same as for a regular C corp. Obviously, the income smoothing to utilize the lower C corp tax rates isn’t possible.

What many people who are in the PSC professions do is set up a generic C corp to provide business management type services to their other business entities and the generic corp can then utilize the regular C corp tax brackets.

Any experienced tax pro can help you do this. It’s not very difficult to do.

Good luck.

Kerry Kerstetter

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