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10 Most Expensive Tax Mistakes That Cost Business Owners Thousands Conrad Oertwig
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#1: Failing to Plan “There is nothing wrong with a strategy to avoid the payment of taxes. The Internal Revenue Code doesn’t prevent that.” “There is nothing wrong with a strategy to avoid the payment of taxes. The Internal Revenue Code doesn’t prevent that.” - William H. Rehnquist - William H. Rehnquist
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Why Tax Planning? 1.Key to financial defense 2.Guarantee results
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Taxable Income Add Taxable Income minus Adjustments to Income minus Deductions times Tax Bracket minus Tax Credits Earned income Earned income Interest/dividends Interest/dividends Capital gains Capital gains Pension/IRA/Annuity Pension/IRA/Annuity Rent/royalty Rent/royalty Alimony Alimony Gambling winnings Gambling winnings Illegal income Illegal income
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Add Taxable Income Adjustments to Income minus Deductions times Tax Bracket minus Tax Credits IRA contributions IRA contributions Moving expenses Moving expenses ½ SE tax ½ SE tax SE health insurance SE health insurance Retirement Retirement Alimony Alimony Student loan interest Student loan interest minus Adjustments to Income
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Deductions/Exemptions Add Taxable Income minus Adjustments to Income minus Deductions/Exemptions times Tax Bracket minus Tax Credits Medical/dental Medical/dental State/local taxes State/local taxes Foreign taxes Foreign taxes Interest Interest Casualty/theft losses Casualty/theft losses Charitable gifts Charitable gifts Miscellaneous itemized deductions Miscellaneous itemized deductions
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Tax Brackets Add Taxable Income minus Adjustments to Income minus Deductions times Tax Bracket minus Tax Credits RateSingleHoHJoint 10% 000 15% 8,70112,40117,401 25% 35,35147,35170,701 28% 85,651122,301142,701 33% 178,651198,051217,451 35% 388,351
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Tax Credits Add Taxable Income minus Adjustments to Income minus Deductions times Tax Bracket minus Tax Credits Family credits Family credits Education credits Education credits Foreign tax Foreign tax General business General business Low-income housing Low-income housing Renovation Renovation
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Two Kinds of Dollars Add Taxable Income minus Adjustments to Income minus Deductions times Tax Bracket minus Tax Credits Pre-Tax Dollars After-Tax Dollars
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Keys to Cutting Tax 1.Earn nontaxable income 2. Maximize deductions and credits 3. Shift income: later years, lower brackets “You lose every time you spend after-tax dollars that could have been pre-tax dollars.”
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#2: “Audit Paranoia”
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#3: Wrong Business Entity C-Corp? S-Corp? Partnership?Sole Prop?
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Sole Proprietorship Report net income on Schedule C Pay SE tax up to 15.3% on income Pay income tax on net income
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S-Corporation Split proceeds into “salary” and “income” Pay FICA up to 15.3% on salary Avoid FICA/SE tax on income Pay income tax on salary and income
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Employment Tax Comparison S-Corp FICA Salary$40,000 FICA$6,120 Net$73,880 Proprietorship SE Income$80,000 SE Tax$11,304 Net$68,696 S-Corp Saves $5,184
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#4: Wrong Retirement Plan
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Simplified Employee Pension “Turbocharged” IRA “Turbocharged” IRA Contribute up to 25% of income Contribute up to 25% of income Max. contribution: $49,000 Max. contribution: $49,000 Must contribute for all eligible employees Must contribute for all eligible employees Contributions directed to employee IRAs Contributions directed to employee IRAs No annual administration No annual administration
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SIMPLE IRA Defer 100% of income up to $11,500 Defer 100% of income up to $11,500 Age 50+ add $2,500 “catch up” Age 50+ add $2,500 “catch up” Business “match” or “PS” Business “match” or “PS” Contribute to IRAs Contribute to IRAs No annual administration No annual administration
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401(k) Defer 100% of income up to $16,500 Defer 100% of income up to $16,500 Age 50+ add $5,500 “catch up” Age 50+ add $5,500 “catch up” Employer contributes up to 25% of “covered comp” Employer contributes up to 25% of “covered comp” Max. contribution: $49,000 Max. contribution: $49,000 Loans, hardship withdrawals, rollovers, etc. Loans, hardship withdrawals, rollovers, etc. Simplified administration for “individual” 401(k) Simplified administration for “individual” 401(k)
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Defined Benefit Plan Guarantee up to $185,000 Guarantee up to $185,000 Contribute according to age and salary Contribute according to age and salary Required contributions Required contributions “412(i)” insured plan “412(i)” insured plan “Dual” plans “Dual” plans 45$80,278$164,970 50$133,131$258,019 55$211,448$395,634 60$236,910$450,112 Projections based on retirement at age 62 with $165,000 annual pretax income.
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#5: Missing Family Employment Children age 7+ Children age 7+ First $5,800 tax-free First $5,800 tax-free Next $8,500 taxed at 10% Next $8,500 taxed at 10% “Reasonable” wages “Reasonable” wages Written job description, timesheet, check Written job description, timesheet, check Account in child’s name Account in child’s name FICA/FUTA savings FICA/FUTA savings
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#6: Missing Medical Benefits Employee benefit plan Employee benefit plan – Married: Hire spouse (no salary necessary) – Not married: C-corp Reimburse employee for medical expenses incurred for self, spouse, and dependents Reimburse employee for medical expenses incurred for self, spouse, and dependents Works with any insurance Works with any insurance – Use your own insurance – Supplement spouse’s coverage
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MERP/105 Plan Major medical, LTC, Medicare, “Medigap” Major medical, LTC, Medicare, “Medigap” Co-pays, deductibles, prescriptions Co-pays, deductibles, prescriptions Dental, vision, and chiropractic Dental, vision, and chiropractic Braces, fertility treatments, special schools Braces, fertility treatments, special schools Nonprescription medications and supplies Nonprescription medications and supplies
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MERP/105 Plan Written plan document Written plan document No pre-funding required No pre-funding required – Reimburse employee – Pay provider directly Bypass 7.5% floor Bypass 7.5% floor Minimize self-employment tax Minimize self-employment tax
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Health Savings Account 1. “High deductible health plan” - $1,200+ deductible (individual coverage) - $1,200+ deductible (individual coverage) - $2,400+ deductible (family coverage) - $2,400+ deductible (family coverage) Plus Plus 2. Tax-deductible “Health Savings Account” -Contribute & deduct up to $3,100/$6,250 per year -Account grows tax-free -Tax-free withdrawals for qualified expenses
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#7: Missing A Home Office “Principal place of business”: 1. “exclusively and regularly for administrative or management activities of your trade or business” 2. “you have no other fixed location where you conduct substantial administrative or management activities of your trade or business.” Source: IRS Publication 587 Source: IRS Publication 587
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#7: Missing Home Office Determine “BUP” of home Determine “BUP” of home –Divide by rooms –Square footage –Eliminate “common areas” 144 1500 100
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#7: Missing Home Office Deduct “BUP” of expenses: Deduct “BUP” of expenses: –Mortgage/property taxes (better than Schedule A) –Utilities/security/cleaning –Office furniture/decor –Depreciation (39 years) Increase business miles Increase business miles
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#7: Missing Home Office When you sell: When you sell: –Recapture depreciation –Keep tax-free exclusion
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#8: Missing Car/Truck Expenses VehicleCents/Mile Small Sedan 45.1 Medium Sedan 57.3 Large Sedan 73.2 4WD SUV 74.9 Minivan63.3 Figures assume 15,000 miles/year; $2.603/gallon gas
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#9: Missing Meals/Entertainment Bona fide business discussion Bona fide business discussion –Clients –Prospects –Referral Sources –Business colleagues 50% of most expenses 50% of most expenses Home entertainment Home entertainment Associated entertainment Associated entertainment
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#9: Missing Meals/Entertainment How much? How much? When? When? Where? Where? Business purpose? Business purpose? Business relationship? Business relationship?
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#10: Missing Tax Coaching Service True Tax Planning True Tax Planning Written Tax Plan Written Tax Plan –Family, Home, and Job –Business –Investments Review Returns Review Returns
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Report of Foreign Bank and Financial Accounts (FBAR)
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Form TD F 90-22
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Are subject to a penalty of up to $10,000 per violation
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June 15 TH
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If you are a U.S. citizen or resident alien Department of Treasure Internal Revenue Service Center Austin, TX 73301-0215 USA Estimated tax payments Internal Revenue Service P.O. Box 1300 Charlotte, NC 28202-1300 USA
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Translating Foreign currency into U.S. Dollars Yearly Average Current Exchange Rates Year-End Exchange Rate At Time of Transaction
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