February 13, 2013

Sneaky Sneaker Tax

by Kenneth Hoffman in Business Counsel, Tax Counsel, Tax Planning

Today's tight economy is forcing governments at every level to stretch for new revenue, with varying degrees of success. In Washington, the dysfunctional family known as "Congress" just raised the top income tax rate to 39.6%, and there are new taxes on earned income and investment income as well. But when President Obama proposed cutting loopholes to raise even more money as an alternative to the budget sequester, his idea was met mostly with scorn.

Most state governments are in fiscal hot water, too. But Illinois may be worst off of all. Nearly $100 billion in unfunded pension liability is crushing the state budget. Last week, the bond ratings agency Standard & Poor's downgraded the Land of Lincoln's score to last in the nation. Ratings rival Moodys ranks Illinois at the same level as the African nation of Botswana. (Some observers might ask what else you could expect from a state that defines "bipartisanship" as having both Democratic and Republican ex-governors in jail at the same time.)

The cash crunch has left Illinois's discretionary spending programs gasping for funding. So it's no surprise that beleaguered lawmakers are looking for creative ways to protect favored programs. And one representative thinks he's found a solution. State Rep. Will Davis (D-Hazel Crest) has proposed a 25 cent tax on athletic shoes which would raise $3 million per year for Illinois YouthBuild, a nonprofit organization with 16 programs providing job training for disadvantaged youth.

Targeted taxes are nothing new, of course. The federal gasoline tax raises about $25 billion per year, with most of that dedicated to the Highway Trust Fund. Governments are especially fond of so-called "sin taxes" targeting irresponsible or undesirable behavior. That's why we see cigarette tax revenue going towards lung cancer research, soda taxes targeting obesity, and even a new 10% tax on tanning bed revenue.

And a sneaker tax sounds simple enough -- especially compared to, say, the rules for Alternative Minimum Tax net operating loss carry forwards. (That's a real thing, by the way, and it's every bit as awful as it sounds.) But as is usually the case with taxes, the devil's in the details. Davis's tax would apply to any "shoe designed primarily for sports or other forms of physical activity." So, does "walking" count? What about hiking boots, ski boots, or snowshoes? Will there be refundable credits for sneaker-buying families earning less than the poverty level?

But the real problem is that Rep. Davis's sneaker tax might open the floodgates to imitators. Just consider what other targeted taxes might be next:

A tax on Valentine's Day flowers to support marriage counseling services?
A tax on snowplows to support research into global climate change?
A tax on footballs to keep replacement refs off the field?
A tax on "reality TV" shows to support public broadcasting?

Nobody really wants to see new taxes, of course. But we all know we have to pay something. What sort of new tax could you support, and where would you spend the revenue it raises? Let us know what you think. And remember, no matter what gets taxed, we're here to help you pay less!

Kenneth Hoffman counsels Entrepreneurs, Professionals and Select Individuals in taking control of their taxes, and businesses. Discover how I can help you overcome your tax and business challenges. To start the conversation or to become a client, call Kenneth Hoffman at (954) 591-8290 Monday - Friday between 8:30 a.m. to 1:00 p.m. for a no cost consultation, or drop me a note.

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February 6, 2013

Laissez Les Bons Temps Roulez. And Pay Up!

by Kenneth Hoffman in Business Counsel, Tax Counsel, Tax Planning

Last week's Super Bowl in New Orleans was a week-long "fais do do" featuring world-class food, drinks, and music. Advertisers rolled out their newest, shiniest campaigns and newest, shiniest products (Apparently, Anheuser-Busch thinks they need to remind viewers to drink something called "beer"). Sharp-eyed fans even saw a football game between the AFC champion Baltimore Ravens and NFC champion San Francisco 49ers.

The NFL estimated that the game would bring $434 million to the city. While some economists scoff that the real impact is just a fraction of the official estimate, there's no doubt that the Big Easy was thrilled to host their tenth "Big Game." Most of that revenue goes to the hotels, restaurants, and souvenir vendors who open their cash registers to affluent visitors. (While face value for game tickets was "just" $1,015, the average fan paid $3,000 for his seat.) Millions more goes to the bartenders, waiters, cabbies, and hotel staff that take care of those fans. But some of that money actually goes to the players, too. The NFL gave each of the winning Ravens a ring worth $20,000 plus another $88,000 in cash. The losing 49ers didn't get a ring, but still walked away with $44,000 for their valiant effort.

So . . . with numbers like those on the field, do you really think the tax man can resist throwing a penalty flag or two?

It turns out Super Bowl LXVII was pricier than usual to win. That's because Uncle Sam has drafted three rookie taxes for players to tackle. Last month's "fiscal cliff" bill raised the top tax rate from 35% to 39.6% on ordinary income topping $400,000 ($450,000 for joint filers). The fiscal cliff bill also phases out personal exemptions and itemized deductions for taxpayers earning over $250,000 ($300,000 for joint filers). Considering that the 2012 league minimum ranged from $390,000 for rookies to $925,000 for 10+ year veterans, those new taxes will hit every player on the field. And the 2010 Affordable Care Act adds a new 0.9% Medicare surtax on earned income topping $200,000 ($250,000 for joint filers). The 2012-level tax sacks each winning Raven for $41,000; the 2013 "extras" rough them up for another $4,860 or more.

And Uncle Sam wasn't the only one paying attention. Don't forget the Bayou State and the Crescent City! Much of the money that comes into New Orleans heads right back out to the national corporations that rent hotel rooms, serve those meals, and sell those tacky t-shirts -- but at least it gets taxed locally. On January 30, the Louisiana Department of Revenue issued a helpful two-page bulletin alerting visitors that, "according to Louisiana Revised Statute 47:290, a tax is levied on all nonresident individuals who have income earned within or derived from sources in Louisiana." That "jock tax" reaches 6% on income over $50,000 ($100,000 for joint filers). Louisiana's tax compares with zero in Florida, which has also hosted the Super Bowl 15 times, and a whopping 12.3% in California, which has hosted it 11 times.

Of course, none of the players actually care how much tax they'll pay on their bonuses. They just want that ring! But there's still a lesson here for some of you. We've said before that how you earn your money makes a difference in how you're taxed. It turns out that where you earn it and when you earn it makes a difference, too. Our answer, as always, is proactive planning to help you make the smartest decision. If you don't already have a game plan, the play clock is ticking!

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January 30, 2013

Bad News From Your Friend at the IRS

by Kenneth Hoffman in Business Counsel, Tax Planning, Tax Counsel

You may not realize it, but you have a friend at the IRS. Her name is Nina Olson, and she's the "Taxpayer Advocate." Olson and her 2,000-person staff are an independent organization within the IRS, charged with cutting through IRS red tape when the Service can't get the job done itself. Are you stuck between cogs in the IRS machine? Have you experienced a delay of more than 30 days to resolve your issue? Have you not received a response or resolution to your problem by the date the IRS promised? If so, Nina Olson and her 1,400 Case Advocates throughout the IRS are waiting to help.

Earlier this month, Olson released her 762-page Annual Report to Congress. And it's not pretty. In fact, it probably reads a lot like what your report on the IRS might read if your job was to dig up problems:

The tax system is a mess. It's nearly 4 million words long, with over 4,680 changes since 2001 -- an average of one per day. Complying with tax laws consumes the equivalent of 3 million full-time workers annually. And only 16% of Americans think the tax code is "fair." (That puts the tax code slightly above Congress, at 9%, but still lagging Donald Trump, cockroaches, brussels sprouts, and NFL replacement refs.) That 4-million word code tops the problem list -- her report calls for overhauling the tax laws, eliminating "sunset" clauses like the expiration of the Bush tax cuts that led to the recent "fiscal cliff" crisis, and eliminating phase-outs that deny benefits as your income increases.
The Alternative Minimum Tax, a parallel tax system originally introduced to make sure that high-income taxpayers don't take advantage of too many deductions and credits to skate by without paying their fair share, is an even bigger mess. The AMT was never indexed for inflation until this month's "fiscal cliff" bill, so Congress repeatedly had to "patch" it to keep it from reaching even further into the middle class. The result, Olson writes, "is one law that grants popular tax benefits (the regular tax code), another law that eliminates the benefits (the AMT), and then yet a third law that undoes the elimination of benefits (the patches), usually at the last minute -- a legislative Rube Goldberg contraption of unnecessary complexity." Her recommendation? Scrap it.
"Customer service" is a disgrace. Telephone and correspondence services have deteriorated over the last decade. Online services are primitive. "Processing flaws" and service delays are undermining taxpayers' rights to representation. In some cases, IRS rules actually discourage taxpayers from complying with the law. For example, the Offshore Voluntary Disclosure Program, which lets taxpayers who failed to report foreign financial accounts come clean, actually scares folks who inadvertently failed to report them and keeps them from 'fessing up.
Finally, the IRS is underfunded. (Yeah, we didn't think you would be as happy with this one.) Olson likens the IRS to the government's "accounts receivable" department, and reports that they bring in seven dollars for every extra dollar they spend. "It is ironic and counterproductive that concerns about the deficit are leading to cuts in the I.R.S. budget, when those cuts are making the deficit larger," says Olson. "No business would fail to fund a unit that, on average, brought in $7 for every dollar spent. Shareholders would rebel and bring lawsuits, or at least oust the management or board of directors."

Are you thoroughly depressed yet? It gets worse. That's because these are essentially the same recommendations Olson has made in every Annual Report she's filed with Congress since 2001. And yet, we still have an offensively complicated tax code, a ridiculously ineffective Alternative Minimum Tax, and hideous thickets of bureaucracy that just drain taxpayers' souls.

The solution for you, of course, is a proactive plan takes advantage of the code's hidden opportunities, steers clear of its hidden shoals, and keeps you out of the bureaucracy. If you don't have a plan yet, isn't it time you get one?

Kenneth Hoffman counsels Entrepreneurs, Professionals and Select Individuals in taking control of their taxes, and businesses. Discover how I can help you overcome your tax and business challenges. To start the conversation or to become a client, call Kenneth Hoffman at (954) 591-8290 Monday - Friday between 8:30 a.m. to 1:00 p.m. for a no cost consultation, or drop me a note.

If you found this article helpful, I invite you to leave a commit and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

January 23, 2013

The Best Investment in Today's Economy

by Kenneth Hoffman in Business Counsel, Tax Planning, Tax Counsel

Investing isn't easy these days. Bank savings accounts and money market funds earn next to nothing. Bond yields are at historic lows. The stock market is at a recent high, but full of volatility. And alternative investments like real estate and private equity can be illiquid or bring with them other drawbacks.

If you're a corporate treasurer, you might consider investing in a Washington lobbyist. Back in 2009, three professors conducted a study revealing that companies who helped lobby for one particular tax break earned a staggering 22,000% return on every dollar they invested in lobbying! (For those of you who didn't major in accounting, that's $220 dollars coming back on every dollar going in.)

Back in 2004, when Congress was considering the American Jobs Creation Act, an ad-hoc group calling itself the Homeland Investment Coalition lobbied for it to include a "tax repatriation holiday." Multinational corporations often structure their operations to earn profits overseas, then leave those profits overseas to avoid U.S. tax. The repatriation holiday cut the regular tax rate on those profits from 35% to just 5.25%, which encouraged them to bring those profits back home. The stated goal, naturally, was for those companies to reinvest those profits and create new jobs.

More than 800 companies ended up celebrating the "holiday." Together, they saved an estimated $100 billion in tax, which certainly sounds worth celebrating! Winners included pharmaceutical and technology companies (Pfizer, Johnson & Johnson, and Merck), technology companies (Hewlett Packard and IBM), and financial services (Citigroup, J.P. Morgan Chase, Morgan Stanley, and Merrill Lynch). Not all of those companies "invested" in lobbying for the law, but even those that did, won big. For example drugmaker Eli Lilly reported spending $8.5 million to lobby for the tax break in 2003 and 2004 -- and saving more than $2 billion in tax. Not a bad "ROI"! (The jury is still out on whether the law actually created any jobs -- many of its beneficiaries actually cut jobs after the tax break, and most of the money went to stock buybacks or dividends.)

Of course, not every lobbying "investment" pays off. Sometimes lobbyists strike out. And successful lobbying is harder in today's hyper-partisan gridlocked Congress. But shrewd lobbying still pays off. The New York Times reported earlier this week that lobbyists representing Amgen, the world's largest biotechnology firm, completed a "Hail Mary" pass by tucking language into the recent "fiscal cliff" bill. The provision delays a set of Medicare price restraints on a category of drugs that that includes Amgen's own Sensipar. This legislative goodie is estimated to benefit drugmakers by $500 million over the next two years. And it comes just two weeks after Amgen pled guilty to marketing another one of its drugs illegally, agreeing to pay a record $762 million in fines and penalties! And while the new law isn't a tax provision, per se, it still illustrates the power of lobbying.

Individual taxpayers like you and me can't lobby for millions in tax breaks. But we can take advantage of the hundreds of tax breaks that somebody else has already created. The key, of course, is research to find those breaks and planning to take advantage of them. That's why we focus so much effort on proactive planning.

Consider this as the 2013 tax season approaches. Any competent tax preparer can put the "right" numbers in the "right" boxes on the "right" forms. But then, most of them pretty much call it a day. They really just help you record history. Our job is much broader and much more valuable. So call us when you're ready to start writing your own history! And remember, we're here for your family, friends, and colleagues, too.

If you found this article helpful, I invite you to leave a commit and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

January 16, 2013

Her Majesty, the Snoop

by Kenneth Hoffman in Business Counsel, Tax Planning, Tax Counsel

Getting audited by the IRS is rarely anyone's spot of tea -- unless, of course, you're the auditor. But at least our IRS "plays fair" and uses your actual return to decide whether to audit you. Not so for the folks at Her Majesty's Revenue and Customs Service across the pond!

Here in the former colonies, the IRS uses statistical analysis to find most of their audit targets. Every return gets a super-secret score called a Discriminant Information Function, or "DIF." The higher your DIF, the more potential the IRS sees for bringing in additional taxes in an audit. So, with limited resources available for auditing returns, the IRS naturally strives to audit the higher-scoring returns first. (It's like why Willie Sutton robbed banks -- because that's where the money was!) Generally, small businesses organized as sole proprietorships face the greatest chance of audit -- as high as 4% or more -- because they have the greatest opportunity to underreport income and overstate deductions.

But back in the old country, HMRC is getting a little more aggressive. They're not just looking at tax returns. They've just announced a new program to use credit checks to find suspected tax cheats. The plan is to cross-check details of the income people report on their return against their actual spending, to identify those at risk of both legal and illegal tax avoidance. Officials have just finished a pilot program involving 20,000 people -- but they expect to expand it to as many as two million. Blimey!

The program sounds straightforward enough. Let's say you operate Ye Olde Cock & Bull Pub in a small town somewhere outside London. You report £20,000 in income. But your credit file shows you spending closer to £30,000. Now ye olde tax authorities have reason to believe you're not reporting all those pints of Boddingtons you've served -- and they have actual evidence to make their case.

The problem, of course, comes when the program finds stashes of suspicious but legitimate assets. Let's say you're Robert Crawley, the 6th Earl of Grantham. Your own family money, which dated back to the Wars of the Roses, is long since gone. So you marry an American heiress. You make a genteel living managing Downton Abbey and occasionally sitting in Parliament. But if HMRC reviews your credit file, they're likely to find spending way out of line with your stated income! You can explain it, of course, as part of your wife Cora's inheritance. But who wants to have to explain that sort of thing to the tax man, even if you are paying your fair share?

Of course, the program also raises enormous privacy concerns. It's fashionable to say that in today's internet age, privacy is a relic of the past. But it's also hard to see a program like that flying here in the United States -- at least not without howls of protest.

We all know that proactive planning is the key to paying the least amount of tax allowed by law. But did you know that planning can also cut your chance of getting audited? Reorganizing your sole proprietorship as a partnership or subchapter-S corporation, for example, can cut your risk of audit by as much as 90%. So call us when you're ready for a plan that lets you pay less tax and attract less attention!

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January 9, 2013

Tax Season Delayed

by Kenneth Hoffman in Business Counsel, Tax Due Dates, Tax Preparation, Tax Planning

Following the January tax law changes made by the United States Congress within the American Taxpayer Relief Act (ATRA), the Internal Revenue Service (IRS) has announced that it plans to open the 2013 filing season and begin processing individual income tax returns on January 30.

The opening of the filing season follows passage by Congress of an extensive set of tax changes in ATRA on January 1, 2013, with many affecting tax returns for 2012. While the IRS worked to anticipate the late tax law changes as much as possible, the final law required that the IRS update forms and instructions as well as make critical processing system adjustments before it could begin accepting tax returns.

The IRS will therefore begin accepting tax returns on January 30, after updating forms and completing programming and testing of its processing systems, to reflect the bulk of the late tax law changes. The announcement means that the vast majority of tax filers - more than 120m households - should be able to start filing tax returns on that date.

The IRS will be able to accept tax returns affected by the late Alternative Minimum Tax patch as well as the three major "tax extender" provisions for taxpayers claiming the state and local sales tax deduction, higher education tuition and fees deduction and educator expenses deduction.

It is estimated that the remaining households will be able to start filing in late February or early March, because of the need for more extensive form and processing systems changes. This group includes people claiming residential energy credits, depreciation of property or general business credits. Most of those in this group file more complex tax returns and typically file closer to the April 15 deadline, or obtain an extension.

"We have worked hard to open tax season as soon as possible," said IRS Acting Commissioner Steven Miller. "This date ensures we have the time we need to update and test our processing systems."

The IRS has also emphasized that taxpayers will receive their tax refunds much faster by using e-file with direct deposit. The IRS had originally planned to open electronic filing this year on January 22; more than 80% of taxpayers filed electronically last year.

Although tax season has been delayed, there is no automatic extension to file or pay any taxes that may be due by March 15th for corporate filers and April 15th for every one else. If an extension is needed, call us ASAP at 954.591.8290.

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January 9, 2013

More Than Meets the Eye

by Kenneth Hoffman in Business Counsel, Tax Planning, Tax Counsel

We usually try and keep these dispatches light and entertaining. We know you'd rather read about "Tax Strategies for Somali Pirates" than, say, the latest regulations governing domestic international sales corporations. But every so often it's time to put on our serious face, and this is one of those times.

By now, of course, we all know that Congress spent their New Year's crafting a last-minute deal to avoid a "fiscal cliff" disaster. The "American Taxpayer Relief Act of 2012" extended the Bush tax cuts, permanently, for incomes up to $400,000 for single filers and $450,000 for joint filers. Ordinary income above those thresholds will be taxed at 39.6%; corporate dividends and long-term capital gains will be taxed at 20%. The Alternative Minimum Tax is "patched" for good, and the estate tax is eliminated for estates under $5 million.

If your income isn't quite that high, you may think you've just dodged a bullet. But the sad reality is, you're probably already paying more tax, even if your income is nowhere near $400,000:

The fiscal cliff legislation includes provisions phasing out personalized exemptions and itemized deductions for singles earning over $250,000 and joint filers earning over $300,000. You'll lose 2% of your personal exemptions for every $2,500 over the threshold. And you'll lose $3 of your itemized deductions, up to 80% of the total, for every $100 of income above the thresholds.
The 2% payroll tax "holiday" that we enjoyed in 2011 and 2012 is over, and won't be coming back.
Finally, the new Medicare tax provisions of the Affordable Care Act take effect. Medicare taxes on earned income go from 2.9% to 3.8% on incomes above $200,000 ($250,000 for joint filers). And there's a new "unearned income Medicare contribution" on "Investment income" (interest, dividends, capital gains, rents, royalties, and annuities) above those same thresholds.

Here's the bottom line. If you woke up on January 2, read the headlines, saw "$400,000," and thought you were safe, think again.

On the bright side, fiscal cliff legislation extends all sorts of tax breaks that were in danger of expiring. These include expanded first-year expensing and bonus depreciation deductions for business equipment, tax-free charitable gifts from IRA accounts, expanded student loan interest, and even the above-the-line deduction for educator expenses. The bill even extends a critical break for NASCAR track owners, letting them write off land improvements and support facilities over just seven years instead of fifteen! (If you happen to own a "motorsports entertainment complex," you really need to call us for planning!)

The tax provisions of the fiscal cliff legislation run over 80 pages. Even the Senate explanation takes up 15 pages. So we're still doing our homework and sorting out all the opportunities. But we can promise you that we're here to help make the best of the new law. And remember, we're here for your family, friends, and colleagues, too!

If you found this article helpful, I invite you to leave a commit and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

January 3, 2013

Dying to Save Taxes?

by Kenneth Hoffman in Business Counsel, Tax Planning, Tax Counsel

2013 is here, and after months of post-election sound and fury, we took a quick "test leap" off the dreaded "fiscal cliff." Look out below!

By this point, we're all familiar with the income tax consequences of the cliff. The Bush tax cuts expired, as scheduled, on December 31, sending everyone's taxes up. The 2% payroll tax holiday expired at the same time, with no hope of resuscitation. The Alternative Minimum Tax (AMT), which up until this week had never been indexed for inflation, still hadn't been "patched" for 2012, meaning it would catch 27 million more Americans in its claws. There are even new Medicare taxes and a 3.8% "unearned income Medicare contribution" on earned income and investment income for individuals earning over $200,000 and joint filers earning over $250,000. (Okay, those new Medicare taxes aren't technically part of the "fiscal cliff" -- but they don't give upper-income earners much reason to cheer 2013, either!)

But the fiscal cliff also threatened some dramatic estate tax changes as well. Taxpayers dying on December 31 could leave a tax-free $5.12 million "unified credit" to their heirs, and pay a 35% rate on any balance above that amount. On January 1, however, that unified credit shrank to just $1 million -- and the tax itself jumped to 55%. Die on December 31 with a $3 million estate and owe Uncle Sam nothing. Die just one day later, and pay a $1.1 million tax. That's one awfully expensive day!

Of course, Washington spent New Year's Day scrambling its way back from the cliff. As we now know, we'll keep the Bush tax rates on incomes up to $400,000 ($450,000 for joint filers) and get a permanent AMT fix. As for estate taxes, the unified credit stays the same and the rate climbs to 40%.

So, here's an awkward question, moot as it now may be. With such large estate taxes at stake, would millionaires choose to die early to spare their heirs the risk of higher taxes?

You probably won't be shocked to learn that determined patients can literally will themselves to delay death past important dates like birthdays, holidays, and anniversaries. Hospitals saw death rates drop significantly in the last week of 1999, only to increase by similar amounts in the first week of 2000. That suggests that patients were determined to catch at least a peek at the new millenium.

A similiar but happier phenomenon can occur when it comes to giving birth. In 2004, the Australian government gave taxpayers a $3,000 new baby bonus, starting on July 1. A 2009 study found that as many as 1,000 births were delayed to take advantage of that windfall.

But dying early to save estate taxes? Really . . . ?

Well, believe it or not, yes. A 2003 study published in the The Review of Economics and Statistics by two economics professors asked if changes in estate tax rates affected mortality rates -- and found that for individuals dying within two weeks of a tax reform, a $10,000 change in estate taxes increased the chance of dying in the low-tax period by 1.6%. This is hardly surprising when living longer let people claim the savings. But the authors even found evidence of people dying sooner to avoid the increases. (That's especially ironic considering that, by definition, nobody gets to enjoy saving tax on their own estate!)

We've said all along that proactive planning is the real key to paying less tax. And smart tax planning lets you pay less and even live to enjoy it! So, we're glad that you're reading these words, and we promise we're here to answer all your questions on the "American Taxpayer Relief Act of 2012"!

If you found this article helpful, I invite you to leave a commit and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

January 1, 2013

Happy New Year and Welcome to 2013

by Kenneth Hoffman in Business Counsel, Tax Preparation, Tax Planning, Church Taxes, Tax Counsel

Welcome to 2013. There is still an air of uncertainty about the nations fiscal health. If you have any questions, please do not hesitate to contact me.

Now is a good time of the year to change the oil in your car. Your mechanic will provide you with a receipt with your cars' current mileage. This can be used as evidence to establish the ending mileage for 2012 and the beginning mileage for 2013.

There is no need to keep track of those pesky, fading receipts. Take a picture with your phone's camera and upload it to your "2013 Business Receipt" folder on your FREE Box.com account.

The IRS requires you to track your mileage and expenses. As our New Year's gift to you, you can download our 2013 Tax Diary. Use it to track your mileage, appointments, and meal expenses.

While you are here, please check out our Tax Preparation services.

If you decide to prepare your own tax return and want a second opinion, then have a look at my Tax Return Review Service. Have a question about preparing your own tax return, I'd be more than happy to answer them. Sign-up for my Tax Question and Answer service.

Lastly, if you receive a Notice from the IRS about your tax return, then take advantage of my IRS Notice Service.

If you found this article helpful, I invite you to leave a commit and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

December 19, 2012

Tax Strategies for Santa Claus

by Kenneth Hoffman in Business Counsel, Tax Planning, Tax Counsel

As 2012 draws to a close, most of us are preparing to take time off and enjoy friends and family. But there's one famous name who works harder than any one else this time of year -- everyone's favorite fat man in a red suit, Santa Claus.

When you think of Santa, you probably focus on what he gives. But have you ever thought about what he pays? You can be sure the grinches at the IRS do!

Santa is most famous for his holiday gift-giving. His "North Pole Foundation" is set up as a not-for-profit under Internal Revenue Code Section 501(c)(3). But Santa also operates a second, highly profitable business focused on licensing and endorsements. (In that sense, he's like top athletes whose off-the-field income from endorsements far outstrips their on-field earnings.) So how can Santa shelter some of his own presents?

Fortunately, Santa can take advantage of many of the same deductions as any other business owner. Those include:

Mileage. Santa can choose to deduct "actual expenses" (maintenance, upkeep and depreciation on the sleigh, reindeer chow, etc.) or the standard allowance (currently 55.5 cents per mile). In Santa's case, the sheer length of his trip around the globe to deliver toys to all the good little girls and boys makes the allowance his best bet. (His sleigh also qualifies as "energy efficient" -- it's 100% "green," running entirely on reindeer power, and even Rudolph's nose is low-wattage.)
Uniforms and work clothes. Clothing Santa provides for himself and his elves are deductible so long as they're not "suitable for ordinary street wear." This time of year it seems like everyone enjoys a red coat and hat. Still, we feel confident Santa's classic look is distinctive enough to pass the IRS test.
Home office. Home offices are deductible so long as they're used "regularly and exclusively" for work and constitute the "principal place of business." Santa's North Pole workshop certainly qualifies, which means he can write off depreciation, utilities, cleaning and maintenance, and holiday decorations. Code Section 132(j)(4) even lets him deduct an "on-premises employee athletic facilities" for hosting reindeer games.
Retirement. Santa sure seems to love his job now. But how will he feel about his long night's work as he ages? He'll probably want to stuff some cheer in his own stocking. The problem is those naughty nondiscrimination rules that force him to contribute on behalf of his elves, too. We recommend a "safe harbor" 401(k) to maximize his own contributions without letting the plan become as "top-heavy" as his sleigh.
Family employment. It's not clear if Mrs. Claus holds a formal position in Santa's organization. However, putting her "on the books" would let Santa boost the couple's qualified plan contributions. Perhaps he might even establish a Section 105 medical expense reimbursement plan to write off his cholesterol medication as a business expense.

This holiday season, we wish you and your family all the best. And remember, we're here for all your year-end tax questions -- unlike Santa, we don't quit after the holiday!

If you found this article helpful, I invite you to leave a commit and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.