December 2009 tax compliance calendar

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of December 2009.

December 2

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates November 25-27.

December 4

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates November 28 to December 1.

December 9

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 2-4.

December 10

Employees who work for tips. Employees who received $20 or more in tips during November must report them to their employer using Form 4070.

December 11

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates December 5-8

December 15

Monthly depositors. Monthly depositors must deposit employment taxes for payments in November.

December 16

Employers.  Semi-weekly depositors must deposit employment taxes for payroll dates December 9-11.

December 18

Employers.  Semi-weekly depositors must deposit employment taxes for payroll dates December 12-15.

December 23

Employers.  Semi-weekly depositors must deposit employment taxes for payroll dates December 16-18.

December 28

Employers.  Semi-weekly depositors must deposit employment taxes for payroll dates December 19-22.

December 30

Employers.  Semi-weekly depositors must deposit employment taxes for payroll dates December 23-25.

How Do I? Make a catch-up contribution?

Employees can elect to make voluntary contributions from their salary to certain retirement plans. The type of plan may depend on your employer. Many employers maintain cash or deferred arrangements — 401(k) plans — as part of their defined contribution retirement plan. State and local governments can maintain “457″ eligible deferred compensation plans. Nonprofit organizations can provide a 403(b) tax-sheltered annuity. And, of course, taxpayers can contribute to an individual retirement account (IRA).

These plans all maintain separate accounts for their participants. All of these plans are subject to annual limits on voluntary employee contributions, which apply per participant, not per plan. The normal limit for both 2009 and 2010 is $16,500 or the employee’s compensation, if less. Employer limits may reduce the $16,500 amount.

Contributions to a 401(k), 403(b) or 457 plans must be made by the end of the calendar year to apply against that year’s limit. Generally, employees can change the amount or rate of salary reduction contributions by making an election at any time during the year.

Catch-up contributions

For most plans, the limit increases in the year that the employee will turn 50. The increased limit applies even if the employee terminates employment or dies before actually turning 50. The increased limits are known as “catch-up” contributions. Catch-up contributions are additional elective deferrals made by eligible participants above the normal applicable limit. However, a catch-up contribution does not mean that the employee can take an unused limit from an earlier year and catch-up; the catch-up contribution is based on the higher limits allowed to older individuals.

A plan does not have to allow catch-up contributions. There are statutory limits on catch-up contributions, adjusted for inflation each year. For 401(k), 403(b), and 457 plans, the maximum catch-up contribution for both 2009 and 2010 is $5,500. The employer cannot reduce the catch-up limit. Adding the catch-up limit produces a potential overall limit of $22,000 on voluntary contributions by a 50-year old employee. Excess contributions have to be included in income (if not withdrawn in time), plus they are subject to a 10 percent penalty.

IRAs

For an IRA, there is a separate regular limit of $5,000 for 2009, up to the amount of the individual’s compensation, and a separate catch-up limit of $1,000 for an individual who turns 50 by the end of the year. An IRA contribution can be made by the due date of the year’s tax return in the following year (not including extensions). So the deadline is April 15 of the following year. There also are penalties for an excess contribution to an IRA.

FAQ: What’s this about the new first-time homebuyer credit for existing homeowners?

The first-time homebuyer tax credit has proven to be one of the most popular tax incentives in recent years. Until recently, the credit was generally limited to “first-time homebuyers.” Although the full ($8,000) is still limited to “first-time” homebuyers, “long-time” homeowners of the same principal residence may be eligible for a reduced credit of $6,500. This new provision can give a boost to younger homeowners looking to trade up, or simply move on from their current home, as well as seniors looking to downsize.

The new “new homebuyer” tax credit

The homebuyer tax credit would have expired on November 30, 2009 had Congress not extended the credit. The new credit is extended to homes purchased before (1) May 1, 2010, or (2) July 1, 2010 if the taxpayer enters into a written binding contract before May 1, 2010 to close on the home before July 1, 2010. The credit amount remains at a maximum of $8,000, or 10 percent of the home’s purchase price (whichever is less). However, the new law places a cap on the home’s purchase price, which cannot exceed $800,000 in order to claim the credit. In addition, a modified credit is available for “repeat” homebuyers, discussed below.

Comment. The “first-time homebuyer credit” is somewhat of a misnomer. Under the original – and now extended – credit, you did not (and still do not) technically have to be purchasing your very first home to qualify for and take the credit. A first-time homebuyer for purposes of the $8,000 credit is a taxpayer who an individual (and spouse, if married) who had no present ownership interest in a principal residence during the three-year period ending on the date the home is purchased. This means that you could have previously owned a home as long as you have not had any ownership interest in a personal residence for at least the three years prior to purchasing the home for which you are claiming the credit.

Congress raises income limits

The homebuyer tax credit is also now available to a greater segment of the home-buying population. The new law has increased the income limits that phase out the credit, allowing higher income individuals and families to qualify. Phase-out of the credit begins under the new law at $125,000 modified adjusted gross income (AGI) for single taxpayers (up from $75,000) and at $225,000 for married taxpayers filing joint returns (up from $150,000). The phaseout range itself is $20,000, thereby reducing the credit to zero for individual taxpayers with modified AGI of more than $145,000 ($245,000 for married joint filers). The credit is reduced proportionately for taxpayers with modified AGIs between these amounts.

“Long-time” homeowners qualify for reduced $6,500 credit

A reduced homebuyer tax credit may be claimed by existing homeowners who have owned and lived in their home for a long period of time. The reduced tax credit, of up to $6,500, may benefit long-time homeowners who are ready to move up or simply move on from their current home. The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $6,500. Purchases of homes priced above $800,000 are not eligible for the tax credit.

To qualify for the reduced $6,500 credit, you must be a “long-time resident” as defined by the law. For purposes of the credit, a “long-time resident” is defined as a person who has owned and resided in the same home for at least five consecutive years of the eight years prior to the purchase of the new residence. Importantly, for married taxpayers, the law tests the homeownership history of both the spouses.

If you are an existing, repeat homebuyer who qualifies for the reduced credit, you do not have to purchase a home that is more expensive than your previous home to qualify for the tax credit. There is no requirement that the new principal residence be a “move up” property; it can be less expense than your former home. However it must be your new “principal residence” in order to claim the credit. Moreover, a repeat homebuyer does not need to sell or otherwise dispose of his or her current residence to qualify for the $6,500, either, as long as your new home becomes your principal residence.

Example. Bob and Edith are married and are both eligible to claim the reduced $6,500 credit for existing “long-time residents.” Their modified AGI is $240,000, which results in being $15,000 over the beginning of the phaseout for married taxpayers filing jointly. They will be able to claim a partial reduced homebuyer credit in the amount of $1,650 (15,000/$20,000 = 0.75; 1.0-0.75 = 0.25. $6,500 x 0.25 = $1,625).

While the homebuyer credit can be very valuable, it is also very complex. In addition to the provisions we have described, there are special rules for repayment, new documentation requirements, a purchase price cap, and more. Please contact our office for more details about the first-time homebuyer credit.

Working with the new loss carryback tax break

The Worker, Homeownership, and Business Assistance Act of 2009 (2009 Worker Act), enacted November 6, 2009, gives all businesses (or their owners in the case of pass-through entities) an opportunity to obtain a quick refund from the IRS using net operating losses (NOL). A company has an NOL when its business deductions for the year exceed its business income. Normally, a business can only carry back an NOL two years. But the new law allows any business to elect to carry back its NOLs from 2008 or 2009 for up to five years, regardless of form (corporation, individual, estate or trust) and size. (Partnership and S corporation NOLs flow through to partners and shareholders and can’t be carried over by the entity.)

You don’t have to make the election until the due date (including extensions) for filing your last 2009 return.  For a calendar year taxpayer, this means the election does not have to be made until September 15, 2010 (for a corporation) or until October 15, 2010 (for an individual). 

In electing the extended carryback provision, you must determine:

• Whether (if applicable) to revoke a previous election to waive the two-year carryback period, so that you can use the extended carryback;
• Whether to apply the extended carryback to 2008 NOLs or 2009 NOLs, because you can only elect the extended carryback for one year;
• Whether to carry back the NOL for three, four or five years;
• When to apply for the refund; and
• The IRS procedures for making the election.

You need to “crunch the numbers” and then take appropriate action.

Do the math for 2008

The 2008 calendar year is over. Calendar-year taxpayers have filed their returns. You know whether you have an NOL for 2008.  Now it’s time to dig out your old returns and your calculator. You can carry back the 2008 NOL up to five years, as far back as 2003.  This is only useful if you had taxable income in 2003, 2004, or 2005 that the NOL can offset. How much can you get back from the IRS? 

If you need the refund immediately, go ahead and claim it based on your 2008 NOLs.  But if you can afford it, wait until you have your 2009 results, and then choose which year to carry back.

If you are a small business (average gross receipts of $15 million or less for three years), an earlier law allowed you to elect an extended carryback for 2008 NOLs. The election deadline for calendar year taxpayers — the due date for the 2008 return — has passed. But there’s no harm. Unlike larger businesses, who must choose between 2008 and 2009, the new law gives you another extended carryback election for 2009 NOLs.

2009 NOLs – some planning still available

If 2009 is not yet over, you can do some tax planning to increase your 2009 business losses and NOL. This includes conventional techniques for accelerating deductions, recognizing losses, deferring income and avoiding gains. Claim bonus depreciation, for example.  Or perhaps you can write off a worthless stock loss or a worthless debt.

A more sophisticated technique to increase losses is to change your accounting methods.  Changing depreciation methods or valuation of inventory, for example, is a change of accounting method.  If you need the IRS’s consent, you still have until the end of 2009 to request the change.  If IRS consent is automatic, you have until the filing date of your 2009 return to make the change, the same as the deadline for electing the extended carryback.

Properly elect the carryback and claim a refund

Ordinarily, taxpayers can claim a “quick” refund by filing Form 1045 (individuals) or Form 1139 (corporations).  If you file the appropriate form within 12 months after the end of the tax year, the IRS will do a quick review and generally pay your refund within 45 days.  If you need more time to file for a refund, you can file an amended return (Form 1040-X for an individual; Form 1120-X for a corporation). 

Making an election to use the extended carryback is a separate matter from filing your claim for refund. You need to follow the IRS’s instructions for making the election. You have ample time to make the election (for a calendar year taxpayer, the deadline is late 2010), so you want to follow the proper procedures. Otherwise, your election may be rejected or your refund claim may be delayed.

The IRS has now issued procedures for making the election. The election can be made on the return filed for the year of the NOL (e.g. Form 1040 or Form 1120), on an amended return for that year, or on a claim for a tentative refund (Form 1045 or Form 1139). You must attach a statement indicating that the taxpayer is electing the extended carryback and is not a TARP (Troubled Asset Relief Program) recipient. The statement must specify the length of the carryback period you are electing (three, four, or five years).

If the taxpayer previously claimed a two-year carryback or elected to waive the carryback period, the statement must indicate that the election amends a previous carryback claim or that the taxpayer is revoking the waiver.

If you would like to discuss these matters, please contact our office. We can help you consider your options.

Last-minute strategies for year-end tax savings

2009 is quickly coming to a close but there is still time to possibly maximize your federal tax savings for the year. Many year-end tax planning techniques can help you save money. Because of the recession, some of the year-end strategies take on added urgency for individuals affected by a job loss or a reduction in income.

Bunching itemized deductions.If quitting smoking is one of your New Year’s resolutions, you might want to stop in December andpossibly deduct the cost of participating in a smoking cessation program. Many medical expenses are deductible. However, medical expenses may only be deducted if they exceed 7.5 percent of your adjusted gross income. Our office can review your 2009 medical expenses and if you are close to the threshold for 2009, you may want to accelerate some elective medical expenses into 2009 to jump over the 7.5 percent floor.

Other expenses may only be deducted if they exceed two percent of your adjusted gross income and you itemize your deductions. These are known as miscellaneous itemized deductions and may also be bunched. They include certain unreimbursed employee expenses, tax preparation fees, certain job search expenses, and more.

Individuals who lost a job in 2009 and whose incomes have fallen need to carefully time their deductions. In some cases, it may be more valuable to defer bunching itemized deductions into 2010 rather than accelerating them into 2009. Our office can help you time your deductions for the maximum benefit.

Above-the-line deductions. Above-the-line deductions help minimize your tax bill because they reduce your adjusted gross income. Generally, above-the-line deductions are only available to taxpayers who itemize their deductions.There are also important income limitations.

One of the most valuable deductions for many individuals is the deduction for state and local real property taxes. You may be able to pre-pay state and local taxes for 2010 before the end of 2009 and take a deduction for 2009. Additionally, for 2009, individuals who do not itemize their deductions get a partial state and local property tax deduction. A non-itemizer single individual can deduct up to $500 in state and local property taxes paid in 2009. Married couples filing joint returns who do not itemize their deductions can deduct up to $1,000.

Another valuable deduction will expire at the end of 2009: the deduction for state and local sales tax when you purchase a new vehicle. The special deduction is available whether you take the standard deduction or itemize deductions on your return. Taxpayers who do not itemize will add this additional amount to the standard deduction on their 2009 return. At year-end, new car and truck prices are generally high across the county, especially after dealers emptied their inventories under the cash-for-clunkers program. If you qualify, the state and local sales tax deduction could help bring down the cost of a new vehicle. Generally, the new vehicle must be valued at $49,500 or less. There are important income limitations so contact our office before you make your purchase.

Charitable contributions.  Year-end charitable giving generally has always been a smart way to reduce current year taxes but tough substantiation requirements cannot be overlooked. Traditionally, charitable contributions (and other itemized deductions) phased out for higher-income individuals. However, that limitation is reduced by two-thirds for 2009 and does not apply at all in 2010, which makes charitable contributions more valuable not only to charities but also donors. Depending on your income, you may want to delay a charitable deduction into 2010 to take full advantage of the phase out of the limitation.

Retirement savings. The economic slowdown has caused many individuals to tap their retirement savings to help pay for everyday expenses. To discourage the use of pension funds and IRAs for purposes other than normal retirement, the Tax Code imposes an additional 10 percent tax on certain early distributions of these funds. Early distributions from a qualified retirement plan are also subject to federal income tax. However, if you are over age 59 ½ and your taxable income has fallen because of a job loss, the income tax you pay on the distribution could be offset by other deductions.

Distributions that you roll over to another qualified retirement plan or IRA are not subject to the 10 percent additional tax. Generally, you must complete the rollover by the 60th day following the day on which you receive the distribution.

Please contact our office if you have taken an early distribution from a qualified retirement plan or IRA. Besides the 60-day rollover window, there are special rules for military reservists, disaster victims and others.

FSAs. The current generous rules for using funds in a health flexible spending arrangement (FSA) may soon be a thing of the past. Congress is considering, as part of health care reform, placing tougher rules on health FSAs. For example, you could only use health FSA dollars for prescription medications with some exceptions and your maximum annual contribution to a health FSA would be limited to $2,500. These changes could be enacted before year-end but would not affect your FSA spending for 2009.

Depending on the terms of your health FSA, you may have to use your remaining health FSA dollars on or before December 31, 2009. This is known as the “use it or lose it” rule. Some plans allow for an extended period into 2010; for example, until March 15, 2010. If you have unused health FSA dollars, you should consider accelerating qualified purchases before year-end.

Congress. Finally, there is the added uncertainty of what Congress will do about many popular but soon-to-expire tax breaks. In addition to the ones we have mentioned, other incentives that will expire at year-end include the state and local sales tax deduction, the teachers’ classroom expense deduction, the higher education tuition deduction, tax-free distributions from IRAs for charitable purposes for individuals age 70 ½ and older, and national disaster relief. Many of these incentives are expected to be renewed for 2010 before year-end or in early 2010 with Congress making them retroactive to January 1, 2010. Our office will keep you posted of developments.