Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

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Archive for November, 2007

Flat tax choice?

Posted by taxguru on November 14, 2007


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Posted in comix, FlatTax | Comments Off on Flat tax choice?

Targeted Taxes…

Posted by taxguru on November 14, 2007

Posted in AMT, comix | Comments Off on Targeted Taxes…

Everybody needs to worry about the Insane AMT…

Posted by taxguru on November 13, 2007


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Shot by the Insane AMT…

Posted by taxguru on November 12, 2007

Posted in AMT, comix | Comments Off on Shot by the Insane AMT…

SUV weight is important…

Posted by taxguru on November 11, 2007

Q-1:

Subject: Toyota Highlander Hybrid sec 179?

 

Hi.  I found your explanation of the sec 179 deduction for schedule C  filers very helpful.
Question:  The Toyota Highlander Hybrid Limited 4WD lists a GVWR of exactly 6,000 lbs.  How would that be treated for Sec 179 purposes?
Thank you so much. 

A-1:

You are correct in pointing out the fact that a vehicle weighing exactly 6,000 pounds is subject to the luxury car rules and very minuscule depreciation and Section 179 deductions because the exemption is spelled out as vehicles weighing more than 6,000 pounds.

If the more generous depreciating and Section 179 deductions are important to you (obviously), what many people do is to have the dealer install an optional piece of equipment onto the vehicle that will add at least a few pounds to the manufacturer’s listed weight of the standard option-free model.  I have actually heard of auto dealers offering things they call “Tax Savings Options Package” that are intended to take a vehicle with a starting weight of around 5,000 or 5,500 pounds and increase it to over the magical 6,000 pound threshold.  These usually contain such weighty options as towing packages and luggage racks. 

With your desired vehicle starting at 6,000 pounds even, any option that becomes a permanent part of the vehicle should be enough to put you over the qualifying weight.

Good luck.  I hope this helps.

Kerry Kerstetter

Q-2:

Thank you so much.  Your answer is extremely helpful. 

 

I have one last question on this topic.  The IRS seems to use GVWR as the standard by which vehicle “weight” is measured, but I read  somewhere that if it is a passenger vehicle, the “curb weight” is the weight that has to be over 6,000 lbs.  If this is correct, that would present a problem with the Highlander, which has a curb weight of  about 4850 lbs.  It would be hard to imagine having enough options to push it over 6,000 lbs.  curb weight.   However, I am hopeful that this was misinformation as I have been unable to find any reference to the distinction between curb weight and GVWR in the IRS publications.  Every reference I have found uses  GVWR. 

 

Is there any reason to worry about curb weight in a vehicle that is a “unibody” style SUV (not built on a truck frame) or is GVWR the  critical weight to keep above 6,000 lbs  for all vehicles?

 

Again,  thank you.  What an awesome site!

A-2:

I did address this issue in a recent blog post

Since SUVs are generally considered to be in the passenger auto category, they would have to use the lower unloaded curb weight.

Good luck.

Kerry


Follow-up:

THANK YOU!!!!  I went to the link and read it.  Not what I wanted to hear but sooooo very helpful.

 

TaxCoach Software: Finally! Plain-English Tax Planing That Builds Your Business!

 

Posted in 179, Vehicles | Comments Off on SUV weight is important…

Playing the Race Card in tax scam case

Posted by taxguru on November 11, 2007

I’ve commented a number of times on how stupid Wesley Snipes was to fall for the Tax Protestor scam that income taxes are voluntary.  As these latest legal documents provided by The Smoking Gun show, he and his legal defense team obviously realize they have no chance of succeeding on the merits of their ridiculous argument; so they have spent a huge amount of time, money and energy conducting an opinion survey to try to prove that the area in which his trial is scheduled to be held is too racist to be fair to Mr. Snipes.

It’s too bad Snipes didn’t spend as much energy earlier on researching the validity of this tax evasion scheme before he jumped full bore into it.  He could have avoided this entire mess and possible future stay in the Club Fed gray bar hotel. 

 

 

Posted in scams | Comments Off on Playing the Race Card in tax scam case

Arkansas’ Section 179 Limit

Posted by taxguru on November 10, 2007

Q:

Subject: Arkansas Section 179 Depreciation

 

Hi, Mr. Kerstetter –

 

Does Arkansas tax code recognize Section 179 Depreciation the same as the US IRS, i.e., can the depreciation be taken in the same year in the same amount, AR=US?

 

Thanks for considering my question.

A:

Like a lot of states, Arkansas has never conformed with the big jump in the Federal Section 179 deduction that took effect in 2003.  Since 1/1/03, the maximum annual Section 179 deduction for Arkansas income tax purposes has been steady at $25,000.  It’s not even adjusted for inflation, as the IRS maximum is.

When we deduct more than $25,000 as Section 179 expensing on a Federal return, an adjustment must be made to the Arkansas amount.  This requires us to have two separate sets of tax depreciation schedules; one for IRS and another for DFA.  It also means that the adjusted cost bases for assets on which Section 179 has been claimed are probably different for Federal and State tax purposes, affecting future depreciation deductions, as well as any gain or loss calculations on the sale of those assets. 

To make matters even more complicated, the carryover bases of traded assets on which Section 179 has been claimed, such as vehicles, becomes ever more divergent between Federal and State with each trade.

Kerry Kerstetter


Follow-Up:

Hi, Kerry –

 

excellent

 

thank you, sir!

 

Business Plan Pro

 

Posted in 179 | Comments Off on Arkansas’ Section 179 Limit

Big CPA firm mergers have gone too far…

Posted by taxguru on November 9, 2007

Posted in comix, cpa | Comments Off on Big CPA firm mergers have gone too far…

66.7 Inch Truck Bed…

Posted by taxguru on November 9, 2007

Q:

Subject: section 179…..Truck has less than 6 foot cargo bed

Thanks for your expertise!!

 

I am thinking of buying a 2008 Toyoto Tundra for my business.  Over 6,000 gross weight but the cargo bed is less than 6 feet long…..can I still take section 179 on the full purchase price of $40,000???

 

Thanks


A:

Checking the Tundra website, you are obviously looking at the CrewMax model, because that is the only one with an inside bed length of less than 72 inches.

Unfortunately, that vehicle does appear to fall under the SUV limit of a maximum of $25,000 Section 179 deduction, with the rest of the purchase price being depreciated over its class life of five years.

If you are truly desperate for maximum first year deductions, you should work with your personal professional tax advisor to see if it would be worth your while to take some more creative and aggressive steps, such as splitting the purchase between two entities, such as a C corp and a Schedule C business, where each could then claim up to $25,000 per SUV. 

Good luck.  I hope this helps.

Kerry Kerstetter

 

Follow-Up:

thanks for the help Kerry!!  I was afraid I was right on the limitation due to less than 6 foot bed..  I “assume ” the worst case is IF I took the full 40k 179 deduction in 2007 and got audited…..would still get the $25k deduction but be required to depreciate the remaining 15k over 3-5 years..plus penalty and interest of course:(

 

thanks again….will consider the 2 entity concept.

 

My reply:

You really need to be working directly with your very own professional tax advisor because thinking like that (claiming Section 179 for the full $40,000 and praying for no IRS audit) is ridiculously reckless and can get you into serious trouble.  Any good creative tax pro will be able to save you hundreds of times more than his/her fee in taxes, as well as keep you out of trouble with the IRS.

Good luck.

Kerry

 

  

 

Posted in 179, Vehicles | Comments Off on 66.7 Inch Truck Bed…

Finding good tax help…

Posted by taxguru on November 9, 2007

Q:

Hello Kerry,

 

Can you give me some examples of what I can pay my corp. for to transfer income as you mention. I am in the roofing and remodeling business and yes I am am working with a tax pro. I need help with ideas to get me thinking in the right direction. 

Is the sample chart of accounts in the industry specific quick books pretty close to what I need to use?

 

Thanks,

 

A:

As I have discussed on numerous occasions, there are several very easy ways by which to shift income between your corp and yourself.  What is best for your particular situation is something your personal tax pro should be helping you determine.  If your tax pro is unfamiliar with how to do this, you obviously have the wrong tax pro and need to find one who is more well versed in this very common and useful strategy for reducing taxes.  The fact that you feel a need to ask a stranger this question instead of your own personal tax advisor is disconcerting.

The standard chart of accounts that comes with QuickBooks is the best place to start; but then should be modified to suit your needs, as well as those of your professional tax preparer.  My personal style is to make the QB income statements match as closely as possible their tax return schedules, so I do a bit of tweaking to the charts of accounts my clients send me in order to achieve this. 

I realize that I may sound like a shill for QuickBooks, but it is the easiest and fastest accounting program I have ever worked with in regard to making any kinds of modifications to the chart of accounts.  Your personal tax pro should be part of your design process for the chart of accounts that will work best for your particular situation. 

Remember that you will have one company QBW file for your corp and a separate one for your personal info; each coordinated to match up with your tax returns.  An experienced tax pro should have no problem in helping you set both of them up properly.

Good luck.

Kerry Kerstetter

 

Follow-Up:

Kerry,

Thanks for answering me back so soon. Yes it is disconcerting I have to ask you a net guy, but I’ve learned a lot from the internet and from your site. I’ve spent $thousands on accountants/CPA’s and lawyers, it’s frustrating. You probably know from talking to so many people about this, but there are more bad tax pro’s than good one’s at least in my experience. But I’m searching for a better tax man/woman now. Another thing where your site and your answers help, is helping educate us to know what to talk to our tax guys about. After sleeping on shifting income idea I came up with a couple ways that are specific to my situation and I’ll speak to my current accountant about these.

Thanks again Kerry, keep up the good work.

 

TaxCoach Software: Are you giving your clients what they really want?

 

Posted in preparers | Comments Off on Finding good tax help…