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Archive for the ‘179’ Category

Phase-Out of Section 179

Posted by taxguru on January 2, 2007

 

Q:

Subject: sec 179
 
I was reading your article and want to be clear with a couple of your answers as I interpret.
If I buy a used motorhome I can still write off $112,000 in 2007 if the motorhome costs at least $112,000?
If I go over $450,000 in gross receipts ,I will not be able to Take this deduction?
 
thank you

 

A:

This is a perfect example of why the Tax Game is not for do it yourselfers.

You are seriously misinterpreting the concept behind the phase-out for Section 179.  It has nothing to do with a business’s gross income.  It has everything to do with the dollar amount of qualifying property that is acquired during the tax year in order to limit Sec. 179 to smaller businesses. Businesses that acquire more than $450,000 of qualifying equipment during 2007 will have plenty of normal depreciation deductions, so their Sec 179 will be phased out.

Before you do anything as major as buying a $100,000 plus motor home for your business, you need to work with a professional tax advisor to make sure you understand exactly what the tax ramifications will be, as well as whether a particular ownership strategy (personal, corp, LLC, etc) will make more sense for your unique circumstances.

Good luck.

Kerry Kerstetter

 

 

 

Posted in 179 | Comments Off on Phase-Out of Section 179

S Corp Income + Sec.179

Posted by taxguru on December 31, 2006

Q-1:

Subject: S Corp. buisness income limit for section 179
 
Hi-
 
My husband is a sole shareholder of an S corp.  The S corp. is planning to purchase a SUV (< 6,000, < 14,000) to take the $25,000 section 179 deduction for 2006.  His W2 wage from this S corp. is $35,000.  How can he determine the taxable income of the S corp. to figure a business income limit?
 
My understanding of publication 946 is that he can add back his wage of $35,000 from this S corp. to figure a net income of the S corp.  Does this mean the S corp. can go up to net loss of $25,000?
 
Thank you very much in advance!

A-1:

You are correct that the wages paid by the S corp to your husband can be added back to the corp’s net income or loss in determining its income limit for purposes of Section 179 at the S corp level.

Section 179 expenses do not actually show up as a regular expense on the 1120S.  They are passed through to the shareholders separately and directly on their K-1s. 

This is the kind of thing that should be discussed with a professional tax advisor.  S corps are too complicated to try to do the tax work and planning without the assistance of professional tax advisors.  You are taking a very serious risk of screwing things up badly and incurring severe IRS penalties if you try to prepare your own 1120S and 1040.

I hope this helps.  Good luck.

Kerry Kerstetter


Q-2:

Thank you so much again for your prompt response.  I agree with you about the importance of hiring a qualified tax professional.  My husband and I are not happy with our current tax preparer’s qualification and considering hiring a new tax advisor for 2006.  For example, she used 1065 to file 2004 and 2005 returns for my husband’s single member LLC instead of 1040 schedule C.
 
I wonder if we could hire you to file our tax returns.
 
Thank you again for your great help.

A-2:

That is a little scary, for someone to be so unclear on the rules for single member LLCs.  A change is definitely required.

I wish I could help; but I already have too many clients to take care of properly; so we are still trimming back on the difficult clients and are not accepting any new ones at this time. 

Unfortunately, we don’t have anyone specific to whom we could refer you. I did recently post some names and links for some like-minded tax pros around the country.

If you haven’t already done so, you should check out my tips on how to select the right tax preparer for you at.

I wish I could be of more assistance; and I wish you the best of luck.  

Kerry Kerstetter


Follow-Up:

Hello Mr. Kerstetter-
 
We really wanted you to take us as your new client but I do understand your situation.  We live in Las Vegas, so I guess I could talk to the EA in Carson City  although we should not hire anyone just because they practice their business in the same state 🙂
 
Thanks for your time and information!

 

The best book on QuickBooks Premier Editions

 

Posted in 179 | Comments Off on S Corp Income + Sec.179

2007 Business Purchase

Posted by taxguru on December 31, 2006

Q:

Subject: Section 179 question

Hello Kerry,

I just came across your website and noted that you respond to questions posed to you via Email.  I too have such a question and hope you have a simple answer:

I was hoping to purchase a printing business for ~$60,000 before the end of 2006 and expense it under Section 179.  It appears, however, that the transaction will not complete prior to mid-January 2007.  Am I correct in understanding that I will not be able to take the Section 179 deduction for 2006?  Any workarounds?

Do appreciate your response.

Best regards and Happy Holidays.

A:

For your individual income taxes, you are correct that anything not purchased and placed into service until 2007 may not be expensed on your 2006 1040. 

You really need to be working directly with a tax professional because there are a lot of very important issues that need to be addressed, such as:

Only certain kinds of business assets may be expensed under Section 179.  Depending on how much of your purchase price is allocated to movable equipment, the full price may not be eligible.  Any costs allocated to such normal parts of a business purchase as real estate, inventory, leaseholds, goodwill and covenants not to compete, are not qualifying property for Section 179.

You should also discuss with a professional tax advisor the feasibility of using a corporation to buy and operate the business.  For example, a C corp could select a fiscal year that would actually allow the Section 179 deduction at an earlier time than waiting for your 2007 1040.

As I said, there are a lot of critical issues to consider; and trying to make such important decisions without the assistance of an experienced tax professional is tantamount to fiscal suicide before you even start your business operations.

Good luck.

Kerry Kerstetter

Follow-Up:

Kerry,
 
I am impressed with your prompt response – to someone out of the blue! 
Thank you – and wish you a super successful 2007.
 
 

 

Posted in 179 | Comments Off on 2007 Business Purchase

SUV Weight Rules Haven’t Changed

Posted by taxguru on December 24, 2006

 

Q:

Subject: Section 179
 
I read your article which states that as of Oct 2004, the maximum amount that can be claimed for SUV’s weighing between 6,000 and 14,000 pounds is $25,000. Has this law changed for 2006? I’m hearing conflicting stories that the vehicle has to weigh no less than 14,000 pounds in order to take the deduction of $25,000.
 
Can you please clarify?

A:

That particular provision has not changed and is still in effect for as long as Section 179 is.

Kerry Kerstetter

 

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

 

Posted in 179 | Comments Off on SUV Weight Rules Haven’t Changed

SUV Under 6,000 Pounds

Posted by taxguru on December 22, 2006

 

Q:

Subject: section 179
 
Dear Sirs,
I know this is a subjuect that you’ve probably grown tired of years ago but I must ask. I am buying a used SUV(Ford Expedition) I know it says the vehicle only has to be new to you but what if the vehicle does not weigh 6,000lbs? The vehicle is a 1999 model and the price is $10,000. I would like to make this purchase before the end of the year to put on my taxes for 2006. Thank you.

A:

This is the exact kind of issue you should be discussing with your own personal tax professional.  However, for the benefit of others, I’ll explain a few things.

Most people don’t have a clue where the 6,000 pound issue originated.  Starting with a law passed by our rulers in 1984, the depreciation deductions (including Section 179 expensing) for vehicles were severely limited because so many big-mouths were going around bragging about buying and fully depreciating $75,000 cars every three years.  That is why the allowable depreciation for vehicles is so low, currently only $14,160 over five years for a 100% business vehicle.

Back with that law in 1984, there was a need to distinguish between regular passenger vehicles, which were subject to these new luxury car limits, and utility vehicles that were supposedly not being abused as much.  The break point was a gross vehicle weight of 6,000 pounds or more.  Any business vehicle weighing more than that was not subject to the luxury car limits and  the full cost of the vehicle was eligible for depreciation over five years and the applicable Section 179.  This is basically what we still have today.

In your case, with an SUV weighing less than 6,000 pounds, you would have to use the normal vehicle depreciation schedule, which allows only a $2,960 first year depreciation deduction, prorated by the business percentage. 

Again, your personal professional tax advisor can explain how this affects your particular situation in more detail.

Good luck.

Kerry Kerstetter

 

 

Posted in 179 | Comments Off on SUV Under 6,000 Pounds

ACAT’s Year End Tax Tips

Posted by taxguru on December 4, 2006

 

I just received an email from ACAT with an attached doc file of tax tips to be shared with clients and local media outlets.  Since this blog is my local media outlet, I am sharing those tips here.

 

The Twelve Tips of Business Year-End Tax Planning

 

Before business owners celebrate the Twelve Days of Christmas, they should first take a moment to review these Twelve Tips of Business Year-End Tax Planning. These could save the average business thousands of dollars!

It’s important to act quickly – once the bell tolls for the New Year, these opportunities for potential savings will be gone!

1.      Accelerate deductions from 2007 into 2006. A business can do this by making payments this year for expenses such as office supplies, repairs, maintenance, and advertising.

2.      Consider setting up a qualified retirement plan. It is one of the best ways for businesses to save on taxes. There are many options, so picking the right plan for your business is the key. Some plans are required to be set up by year end.

3.      Reduce or defer year-end income. For cash basis businesses, deferring billing for services until the end of December or January can shift the income into the next year, as the income is reported in the year it is actually received. Also, delaying shipping of merchandise until January moves income into the next year.

4.      Accelerate purchase of equipment. If you anticipate business income to be higher in the current year versus next year, it makes sense to accelerate the purchase of equipment and other assets into this year. The benefits of Section 179 depreciation can mean large tax deductions, thus making the tax savings significant. Businesses can elect to “expense” part or all of qualified assets purchased during the year, up to the annual limit of $108,000 for 2006. There is a limit based on taxable income and an annual purchases threshold amount to qualify.

5.      Review fringe benefit plans. A Section 125 “cafeteria” plan can benefit both the employee and employer with pre-tax savings for health and dental insurance, out-of-pocket medical costs, dependent care, and other benefits.

6.      Write off bad debts. Businesses that use the accrual basis method of accounting may have uncollectible past-due accounts. These businesses can deduct these bad debts when they become partially or totally worthless. These accounts should be identified before year-end and the business should keep a detailed record of the debt-collection efforts.

7.      Write off old inventory. Review the business inventory for obsolete and un-sellable items. A business may write down inventory below market if in the regular course of business the company has offered the merchandise for sale at below-market prices.

8.      Review building depreciation. If your business has purchased or substantially renovated a building in the last 10 years, conduct a Cost Segregation Study. The study analyzes the components of a building or renovation to gain larger depreciation deductions based on shorter depreciation lives.

9.      Explore like-kind exchanges. If you are considering replacing old equipment or buildings with newer ones, take advantage of the like-kind exchange rules. Trading assets is one of the best tax shelters available to businesses and investors. The section 1031 like-kind exchange rules are very strict and must be followed exactly.

10.  Review your business entity classification. Check to see if your business classification (sole proprietorship, C-corporation, S-corporation) and your accounting method options (cash basis vs. accrual basis) are the most advantageous for your business. Tax laws change constantly and reviewing the alternatives could significantly impact your taxes. Any change in ownership of the business is also a good time to review your options.

11.  Finalize the budget. Compare income and expenses for the current year to the previous year and prepare a budget for the coming year. A budget will help a business reach its goals.

12.  See your accountant or tax advisor. There are many ways to save tax dollars and consulting with a tax professional who is experienced and familiar with the latest tax law changes can help you minimize taxes and maximize your bottom line. Effective tax planning can make a material difference in your company’s cash flow.

         This information is provided as a public service, and should not be construed as individual accounting or tax planning advice.  For information on how these general principles apply to your situation, please consult an accounting or tax professional.

 

 

 

 

Heed the Top Ten Year-End Tax Tips To Save on 2006 Taxes

 

“If I had only known about that new tax law, I would have done something before the end of the year!” This common lament of taxpayers is often the result of simply not staying on top of the latest changes to the increasingly complex tax laws. But it doesn’t have to be that way!

Avoid surprises and maximize tax savings with these “Top Ten Year-End Tax Tips”:

1.      Take stock of your stocks. Review your current year stock and mutual fund sales to determine if you have a net gain or loss. If you have a net gain, then selling stocks that would produce a net loss may make sense. A net capital loss of up to $3,000 can be deducted against other income, such as salary. Any excess losses can then be carried forward to future years.

2.      Watch out for the estimated tax penalty. The IRS requires individuals to pay their taxes throughout the year with quarterly estimates, tax withholding, or both. If you don’t pay enough during the year, you can be hit with an estimated tax penalty, which is equal to the interest rate for underpayments. Although it may be too late for this year, adjusting your income tax withholding can eliminate or reduce the penalty.

3.      Consider stock donations. If you want to donate to your favorite charity but are short on cash, check out your stock portfolio. If you own stocks that would produce a large capital gain, consider donating them before you sell them. You can deduct the market value of the stock as a charitable contribution and you pay no tax on the appreciation.

4.      Reducing the tax on Social Security benefits. People who receive Social Security benefits can be taxed on a high percentage of their benefits. Investing in T-Bills or CDs that don’t mature until next year can lower the provisional income in the current year and lower the tax rate. Also, investing in growth stock that produces little income can have the same result.

5.      “Kiddie Tax” update. The new tax law raises the age threshold for the “kiddie tax.” For 2006, any unearned income (interest, dividends, capital gain, etc.) received by a child under age 18 (previously age 14) that exceeds $1,700 is subject to federal tax at the parents’ top marginal tax rate. You might want to shift investments into growth stocks that produce little income, tax-free municipal bonds or municipal-bond funds, Series EE bonds, or CDs that mature in the next year.

6.      Installment sale of property. If you are considering the sale of real estate property that was held for investment purposes, you could spread out the tax hit over several years with an installment sale. If you structure the sale into two payments, one in December and one in January, you spread the tax over two years instead of one. The second benefit may come from a lower adjusted gross income.

7.      Shift timing of deductions. Consider maximizing your itemized deductions by “bunching” deductions. In order to get a tax break from itemizing deductions, you must have more in deductions than the standard deduction allowed by the IRS. For 2006, this is $10,300 on a joint return and $5,150 on a single return. If you are close to the standard deduction each year, consider accelerating all possible deductible expenses into every other year. Shift payments of medical expenses to the year they will exceed 7.5 percent of your adjusted gross income, pay two years of personal property tax and real estate tax in one year, or double up on your charitable contributions into one year.

8.      Watch business expenses. If you deduct employee business expenses, your deduction is reduced by 2 percent of your adjusted gross income and you may lose the deduction totally because of the alternative minimum tax (AMT). The best strategy is to set up an “accountable plan” with your employer to cover all your business expenses in lieu of wages for the same amount. The reimbursements you receive will be tax-free, not subject to payroll taxes or alternative minimum taxes.

9.      Defer income until next year. If it is possible to defer receiving income until the next year, you not only defer income tax on that income for another year but you may increase the value of your deductions for the current year if you have adjusted gross income limitations. Consider postponing bonuses, investment gains, or elective distributions from retirement accounts.

10.  See your tax professional. Make an appointment with your tax professional before year end. Opportunities missed can mean cash in the bank. Don’t be one of the many taxpayers that look back and say, “If I only knew about this before the year end.”

Tax laws change every year, so it’s always a good idea to review all your options while there’s still time to take action,” explains Paul V. Thompson, EA, ABA, ATA, ECS, Senior Tax Manager for Shaw & Sullivan, P.C., Alexandria, VA.  “You should also not assume that your tax withheld from your W-2 wages or the tax estimates you are paying are enough to cover your tax liability or avoid a penalty.”

         This information is provided as a public service, and should not be construed as individual accounting or tax planning advice.  For information on how these general principles apply to your situation, please consult an accounting or tax professional.

 

 

The best book on QuickBooks Premier Editions

 

 

Posted in 1031, 179 | Comments Off on ACAT’s Year End Tax Tips

Section 179 For Vehicles

Posted by taxguru on November 29, 2006

Q:

Subject: Section 179 vehicle deduction
 
Hi Kerry, Thanks for the great web site!!!! I found it and have learned quite a bit from it.
 
Two questions I have regarding the deduction of vehicles weighing over 6k pounds:

  1. Can this deduction be used on the purchase of a “used” vehicle? Or is it only for new ones?
  2. If it is the purchase of a pickup with an open cargo area greater than 6 ft, does the $25k limit still apply?

Thanks in advance, I am planning on purchasing a commercial vehicle in 2007 and want to know the rules of Section 179.

 

A:

You really should be working with your own personal tax professional to see how to best utilize the Section 179 deduction for your particular case.

I have a page on my website devoted to the Section 179 deduction.

It includes answers to your questions:

Qualifying assets need to be new to you; not brand new.

The $25,000 maximum is only for SUVs.  Pickup trucks over 6,000 pounds aren’t subject to that limit.

Kerry Kerstetter


Follow-Up:

Thanks for the info Kerry,

And thanks again for the very informative web site!

Have a happy holidays

 

 

 

Posted in 179 | Comments Off on Section 179 For Vehicles

Section 179 + Depreciation

Posted by taxguru on November 16, 2006

Q:

Subject: section 179

Hi Karry
I am plnning to purchse suv over 6000ld in a few days,I undrstnd the first yr dedction in 25K,Is the balanced deducted as depretition over a 5 yr priod?It will be usd 100% for busness.
We have been leasing suvs till now,our lease just ended,so we though our best option wld be prchase under sect179.The suv costs $65000.oo
We wld very much appretaite as much info as you can provide re deduction,etc.
thank you


A:

You really need to be working directly with your own professional tax advisor if you are serious about handling your tax issues properly. A good tax advisor can show you what a rip-off leasing vehicles is so that you don’t ever repeat that expensive mistake.

S/he can also show you what kind of depreciation deductions you can expect from your proposed SUV purchase. Whatever amount of the purchase price that you don’t expense under Section 179 will be depreciated over the SUV’s five year life, including some in the first year.

Since the 179 deduction is limited by your taxable income, you may or may not be allowed to actually claim any on your 2006 tax return. In some cases, you can actually claim more deductible expense by skipping the 179 and just claiming the normal deprecation on the full cost basis. Your personal professional tax advisor will be able to give you more specific guidance on this.

Good luck.

Kerry Kerstetter


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


Posted in 179 | Comments Off on Section 179 + Depreciation

Confusion Over Section 179

Posted by taxguru on October 20, 2006

 

Q:

Subject: quick question 

 Kerry,

Hi there- it was great to find your site.   I have a quick question on the Section 179 deduction – and please forgive my lack of expertise in the tax law: say you spend $100K on equipment – does that mean that you totally deduct that amount, saving ~$40K (assuming 40% tax rate?).  Does the ~$400K limit mean that you can save only up to approximately 40%*$400K = $160K in taxes?  How do you quantify what you spend on all Section 179 eligible items  – just adding them up?  It seems weird to me that the fed would actually penalize a company for making >$400K in capital expenditures that would fit the Section 179 law.

Also, can you claim this tax on money spent on upkeep and maintenance on equipment?

Thanks for listening~

A:

While using a taxpayer’s tax bracket percentage as a guide can give you a quick & dirty idea of the tax savings from a deduction, such as Section 179, the actual savings will be different because of the sneaky way in which taxes are actually calculated, such as using AGI as a trigger to reduce or eliminate several tax credits and deductions.  Any item that reduces AGI will have more of a tax saving impact than just the tax rate percentage.

You are misinterpreting the $400,000 issue ($430,000 for 2006).  What the tax code does is phase out and eliminate the Section 179 deduction for any taxpayer that has acquired a huge amount of new qualifying business equipment.  This is intended to eliminate this tax break for what our rulers consider un-deserving “evil big businesses” and focus this special deduction on smaller companies.  However, any company acquiring that much new stuff will still be claiming a substantial normal depreciation deduction, especially if it chooses to use an accelerated method of calculating it.

In regard to qualifying the amount spent on new qualifying equipment, any business that intends to do so must have a good set of accounting records and can run reports of the new items posted to the equipment fixed asset accounts. 

Costs posted to expense accounts, such as repairs and maintenance don’t qualify for the Section 179.  However, since you are already deducting those costs as normal operating expenses, it ends up working out better that way.

I hope this helps you better understand this issue.  If you personally are involved in running a business that may be considering utilizing it, you should be working directly with a professional tax advisor who will be able to better illustrate how it will affect your unique situation.

Kerry Kerstetter

 

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Posted in 179 | Comments Off on Confusion Over Section 179

Section 179 and MLM

Posted by taxguru on October 5, 2006

 

Q:

Subject: Section 179 expense

Dear Sir:

I have dealership costs associated with a Coastal Vacations Level I, Level II and Level III that exceed $18,000.  First, could these possibly qualify as a Section 179 expense for 2005.   These are deeply discounted Lifetime Vacation Memberships that must be purchased in order to sell dealerships at Level III.   Or, does that just refer to things like computer equipment and vehicles used by a sole proprietership.

This business had no receipts, so is it possible to take a Section 179 expense of any kind, or must I have had receipts to cover the amount I would like to expense.  Would I only be able to deduct this expense once I had income from this business?

Your response would be greatly appreciated.

A:

As you can see on the page describing the Section 179 qualifications, it is only used for tangible business assets. There is no way in which memberships in a travel club or multi-level program would qualify for such classification. 

Those costs would need to be amortized over their useful or class lives, which a qualified professional tax advisor can help you determine.  And that would only be possible if you are able to prove that they are being used for potentially income generating business purposes and not for your own personal pleasure.  I’m not personally familiar with this MLM; but many similar travel club programs routinely give the absolutely false advice that their costs are fully deductible.  People are frequently getting into trouble with IRS for trying to deduct these kinds of personal travel costs because they do not have a true for-profit business set up.

If you are serious about running your multi-level business as a legitimate for-profit enterprise (the only way in which you can deduct any related expenses), you need to be working directly with a professional tax practitioner.  To not do so will severely jeopardize your ability to convince IRS that you have the required profit motive and aren’t just doing the travel club thing for your personal enjoyment.

Your personal professional tax advisor will be able to assist you in determining what kinds of things are deductible, both with and without any income generated from that business.

Good luck.

Kerry Kerstetter

 



Posted in 179 | Comments Off on Section 179 and MLM