JUNE, 2010

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Greetings!
House 
   
Congress
 

House Extends Tax Cuts; Senate to Act in June

 

Before taking its week-long Memorial Day recess, Congress tried to complete legislation that would have extended tax breaks that had expired at the end of 2009. However, concern over the cost of the bill slowed the process down in the House. Finally on May 28, the House passed the "American Jobs and Closing Tax Loopholes Act."  The Senate expects to take up the bill when it returns to Washington after the Memorial Day recess on June 7.

 

The Senate may amend the bill, which then would have to go back to the House for approval. The version of the bill as passed by the House would extend the following tax breaks generally through 2010:

 

* The optional itemized deduction for state and local sales taxes.

 

* A modified deduction for qualified higher education expenses.

 

* The additional standard deduction for property taxes paid by those who don't itemize.

 

* The business research and development credit.

 

* 15-year straight-line cost recovery for qualified leasehold, restaurant, and retail improvements.

 

Among the tax increases in the law are provisions changing the tax treatment of carried interest for partnerships and addressing the use of S corporations, LLCs, or LLPs by certain service professionals to avoid payroll taxes on their earnings.

 

What the final bill contains could affect you and your business. As you do your midyear tax and business planning, contact us to review the effect of this and other 2010 legislation on your situation.

Summer 
     

Summer Tax Savers  

  

 It's summertime and lazy days beckon. However, there's one activity you should fit into your schedule:  reducing your 2010 income taxes.

 

The good news is that you have plenty of tax-saving opportunities. Here are some suggestions:

 

* LET THE KIDS HAVE FUN.

That cool day of art instruction at the local museum or the karate camp your child's been asking about might qualify for a tax break. When you pay dependent care expenses so you and your spouse can work, you may be able to claim a credit of up to 35% of the cost. The maximum childcare credit for one child is $1,050 ($2,100 for two or more children). Overnight camps don't qualify, and the child generally must be a dependent under age 13. Remember to ask for the day camp's tax identification number.

 

* COMBINE BUSINESS AND VACATION TRAVEL.

Travel expenses are deductible if the travel is undertaken primarily for business purposes; thus you may wish to combine attendance at an out-of-town business conference with a visit to family or friends. The expenses attributable to the personal part of the trip, though, remain nondeductible. When doing any business traveling, make a distinction in your records between expenses for lodging and transportation and those for meals and entertainment. The latter are subject to a 50% deduction limitation.

 

* IF YOU ARE GOING TO BE OUT OF TOWN for a while, consider renting out your home while you're gone.  The IRS allows you to receive up to 14 days of rental income per year completely tax-free. In fact, you don't even have to report the income on your return.

 

* IF YOUR IDEAL VACATION is getting out on the waterways or hitting the highways in an RV, you may be able to take advantage of another tax break. Did you know that the cost of financing the purchase of a boat or RV may be deductible? In order to qualify, the boat or RV must have cooking facilities, sleeping accommodations, and a bathroom.

 

* WHAT IF YOU DON'T TAKE VACATIONS?

Hiring your children to work in your business during the summer can mean a deduction for the wages you pay them, plus a social security payroll tax savings for an unincorporated business.

 

 

 
 
CharitableCharitable Giving Through Life Insurance
 
If your children are grown and your nest egg is secure, you might find yourself with more insurance than you need.   If this is the case, what are your plans for it?
 
You could maintain the policy.  Or you could eliminate some of your insurance coverage and invest the savings.  For some policies, dropping the coverage is easy and comes with no cost, but canceling other policies might have tax consequences.  If you have a permanent policy (see below) that you acquired when you were young, you might be paying low premiums for a substantial amount of coverage, so you'll want to think twice before surrendering the policy.
 
There is another option that won't break your bank:  Use your life insurance to leave a lasting legacy for your favorite cause.
 
First, let's review the basic types of life insurance offered in the marketplace.
 
The simplest type of policy is term life insurance.  It is also the cheapest.  With this, you pay your premium and if you die while the policy is in force, your beneficiary gets the face value of the policy.  There is no cash buildup and if the policy lapses, you get nothing.  The drawback to term is that it typically expires on a periodic basis and the premium increases  The older you are, the more expensive the policy will be.
 
Whole  life is a policy that lasts as long as you pay the premium.  The premium is fixed on the date of issuance and never increases or decreases.  Whole life will build up some value and the earnings will accumulate tax free.
 
Variable life, like whole life, is a permanent policy.  Unlike a whole life policy, though, the value is not fixed.  The value of the cash buildup depends on the investment results of the policy's investible assets.
 
Universal life and variable life policies are also permanent products that allow you to build up a nest egg but are a bit more flexible than whole or variable products.
 
If you choose to reduce insurance benefits available to your heirs in favor of a charity, your tax results will depend on the type of policy you use.   Here are a few options you should consider:
 
You opt to purchase a straight term policy and name a charity as your beneficiary.  If you want to receive a tax benefit for your efforts, the charity will obtain the insurance on your life and you will make periodic contributions to pay for the cost of coverage (the premium).  Unless you relinquish all rights and ownership, you will not receive a charitable deduction.
 
Now back to the term example.  The charity will purchase an insurance policy on your life.   You will make a charitable contribution to them to cover the premium and you will receive a deduction.  When you die, the charity will receive the proceeds of the death benefit.
 
If you have a policy that you no longer need and it has accumulated a cash value. you can contribute that policy to a charity of your choice.  If you do so, you will not necessarily get a deduction for the full cash value.  In general, you will receive a deduction equal to the premiums you have paid or the value of the policy, whichever is less.  In order to maximize the value to the charity, you would then make annual contributions to pay the premiums as they come due.  If the cash value is adequate, the charity can even use that to pay for the premiums.
 
The drawback to the outright gift of a valuable policy is that you lose all control over it and have no access to the cash value if you need it.  The solution is to name a charity as your beneficiary but retain ownership of the policy.  This will give you access to the cash, but you will not be able to take a charitable deduction for the premiums you pay.
 
The ability to leave a substantial legacy to a charity is not just for the super wealthy.  With a little planning, you can provide substantial benefits to a charitable cause by using life insurance.   The foregoing ideas are just a few of the many techniques available when using life insurance.  
Please contact us if you would like additional information or would like to discuss any of the enclosed information in further detail.
 
Sincerely,
 
Burkhardt & Co.