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TAX TIP OF THE WEEK
Income Tax Preparation Services
Avoid All The Paper Work. Cheer Up!
Tax Preparation Services
Don't Pull Your Hair Out! Help is Here.
Call Peter B. Diaz, CPA for Tax Assistance, Phone 650-400-2539
E-Mail peter.diaz@diazconsulting.com
The Small Business Jobs Act offers businesses some great ways to save

Super-Sized Depreciation Write-Offs
Businesses can now write off purchases of up to $500,000 in new or used equipment and software – a hefty increase over previous Section 179 limits. For the first time, you can also depreciate certain real property costs, including improvements to interior nonresidential, restaurant, and retail buildings that have been held greater than three years. These Section 179 deductions begin to phase-out when new additions exceed $2 million in any one year.

The Small Business Jobs Act also reinstated the 50% bonus depreciation for new purchased property, which had expired at the end of 2009. The bonus depreciation deduction extends to new heavy SUVs, and there’s an even bigger write-off for luxury cars. This means that qualifying taxpayers can take the Section 179 deduction, then bonus depreciation, and finally – on top of all that – regular depreciation.

For example, let’s say Tiger Company buys $1,000,000 of new seven-year MACRS equipment. Tiger can claim $785,750 of depreciation in the first year, computed as follows:

Section 179 deduction

50% of $1,000,000

$500,000

Bonus depreciation

50% of $500,000

250,000

MACRS depreciation

14.3% of $250,000

38,750

Total depreciation


$785,750

A 79% depreciation deduction in the first year is one whopping write-off!

Domestic Production Activities Deduction – Section 199
This deduction – for firms engaged in qualified activities such as manufacturing, processing, leasing, construction, engineering, or software development in the United States – has risen to 9 percent for tax years starting after 2009.

You compute the Section 199 deduction by subtracting expenses from qualified production activities. Your business needs to have a taxable profit in order to take advantage of it. But if eligible, you can reap a 3.15 percent reduction in their effective tax rate – without doing anything differently than what you’re currently doing. It doesn’t get any easier than that.

Expanded Use of General Business Credits
Here’s more helpful fallout from the Small Business Jobs Act: Qualifying taxpayers can now use General Business Credits to offset their Alternative Minimum Tax (AMT) liability.

General Business Credits are a group of approximately 30 credits, including the Investment Credit, Credit for increasing research activities, Low-income housing credit, Orphan drug credit, and Small Business Health Care Credit (discussed below).

Previously, companies could only use these credits to the extent that their regular tax liability exceeded their AMT liability. But the SBJA now lets you treat your AMT as zero – greatly expanding your ability to use 2010 credits. Your 2010 credits may also be carried back up to five years to offset prior AMT liability, and forward 20 years to offset future liability. (However, a second limitation remains in place that prevents you from using credits to reduce taxes below 25 percent of the difference between your company’s regular tax liability and its AMT liability.)

In order to qualify, companies must have average gross receipts of $50 million or less per year over the prior 3 year period. Owners of pass-through entities (such as LLCs and LLPs) also qualify for the expanded utilization if the owner’s average gross receipts meet the same $50 million test.

The upshot? Pay special attention to capturing all available credits for 2010. And weigh the cost of additional expenditures that could generate credits, against the benefits you could reap by offsetting prior, current, and future years AMT.

Note: As of early December, the federal credit for increasing research activities has not been extended past 2009, but may be extended at a later date and applied retroactively to 2010.

A New Federal Credit for Small Business Health Care...
If you’ve got fewer than 25 full-time-equivalent employees and average annual wages of less than $50,000, you could qualify for the new Small Business Health Care Credit.

For the 2010 through 2013 tax years, the maximum credit is 35 percent of the employer’s health insurance premium expenses. The biggest credit goes to employers with 10 or fewer full-time-equivalent employees and averages wages of $25,000 or less, and phases out as company size and wages increase. The credit is non-refundable and therefore can only offset existing tax liability. However, any unused credit can carry forward 20 years.

To qualify, companies need to pay a uniform percentage (not less than 50%) of the health care premiums for each enrolled employee.

...And Another New Federal Credit for Hiring Unemployed Workers
You could be eligible for this double-pronged credit if you hired previously unemployed workers between Feb. 3, 2010 and Dec 31, 2010.

The first part of this new program provides a credit for the employer’s 6.2% share of social security tax on wages paid to qualified employees, up to a $6,622 maximum per employee. This wouldn’t be included on your 2010 tax return, but instead claimed with payroll tax filings. So companies in a loss position could still realize a net cash benefit in the form of reduced payroll tax liability.

The second part allows you to claim a tax credit of 6.2% of the employee’s salary (up to $1,000 per employee) for each qualified employee retained for at least 52 weeks. This is a non-refundable credit similar to the Small Business Health Care Credit, and would be included in your 2010 tax return.

Who counts as a qualifying employee? This must be someone who hasn’t worked more than 40 hours within the 60 days prior to their hire. It can include recent graduates who were in school for some or all of the 60 days before their hire. Companies should coordinate with their payroll departments and/or outsource providers to compile the potential list of qualifying employees and to claim payroll tax reductions. Qualified employees will have to certify by signed affidavit (W-11 forms, available online) that they didn’t work more than 40 hours in the sixty days before their hire.

Net Operating Loss Deductions for Companies with Income Below $300,000
The government giveth, and the government taketh away. One spot where it recently took away was a new state limit on the use of Net Operating Losses (NOLs).

California Senate Bill 858, signed in October, limited the use of NOLs by suspending California NOL deductions for taxable years beginning on or after January 1, 2010 and before January 1, 2012.

There are some ways to work around this suspension, though. Qualifying companies with less than $300,000 of net business income in these years are exempt from the suspension. Meanwhile, companies exceeding the $300,000 taxable income threshold should consider accelerating expenditures into 2010 to reduce taxable income below this amount.

Fixed asset purchases, salaries and bonuses (if paid within 2 ½ months after year end) can be deducted on the 2010 tax return to reduce taxable income and potentially allow a company to qualify for the exemption. Companies that expect to be above the $300,000 figure should prepare a fourth quarter California estimated tax payment (due December 15, 2010 for calendar year-end corporations) to minimize interest on underpayment of estimated taxes.


Peter B. Diaz, CPA, Receives 2010 Talk of the Town Award for Excellence in Customer Satisfaction

Celebration Media U.S. and Talk of the Town News choose Peter B. Diaz, CPA to receive the 2010 Talk of the Town Award for Excellence is Customer Satisfaction.  The award was created to showcase companies that excel in serving their customers and getting their high marks.  Celebration Media U.S is an independent professional research company that monitors positive and negative reviews, blogs and social networks to determine the highest-rated and top-reviewed businesses in all 50 states of the country.  Talk of the Town News provides information, resources and solutions for online reputation management.  The award celebrates the highest achievements in customer satisfaction, services, management and leadership.  Company ratings can be viewed at www.talkofthetown.com.

Peter B. Diaz, CPA Receives 2008 & 2009 Best of Redwood City Award


U.S. Local Business Association's Award Plaque Honors the Achievement


WASHINGTON D.C. -- Peter B. Diaz, CPA has been selected for the 2008 & 2009 Best of Redwood City Award in the Tax Return Preparation & Filing category by the U.S. Local Business Association (USLBA).

The USLBA "Best of Local Business" Award Program recognizes outstanding local businesses throughout the country. Each year, the USLBA identifies companies that they believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and community.
 

Various sources of information were gathered and analyzed to choose the winners in each category. The 2008 USLBA Award Program focused on quality, not quantity. Winners are determined based on the information gathered both internally by the USLBA and data provided by third parties.


About U.S. Local Business Association (USLBA)


U.S. Local Business Association (USLBA) is a Washington D.C. based organization funded by local businesses operating in towns, large and small, across America. The purpose of USLBA is to promote local business through public relations, marketing and advertising.


The USLBA was established to recognize the best of local businesses in their community. Our organization works exclusively with local business owners, trade groups, professional associations, chambers of commerce and other business advertising and marketing groups. Our mission is to be an advocate for small and medium size businesses and business entrepreneurs across America.


SOURCE: U.S. Local Business Association


CONTACT:
U.S. Local Business Association
Email: PublicRelations@USLBA.net
URL: http://www.USLBA.net

 


PETER B. DIAZ, CPA - TAX CONSULTING & FINANCIAL PLANNING IS DESIGNATED AS A TOP 10 BUSINESS BY PUBLISHERS OF THE PRIME BUYER'S REPORT

Redwood City, CA

Peter B. Diaz, CPA - Tax Consulting & Financial Planning announced it has been designated as a TOP 10 business by The Prime Buyer's Report and so is officially designated "Prime Buyer's Certified - TOP 10".

The determination of Peter B. Diaz, CPA as a TOP 10 business was made based on a ten-point research process conducted by the independent publishers of The Prime Buyer's Report. The process involved a thorough interview with Peter B. Diaz, CPA and phone calls to previous customers of Peter B. Diaz, CPA to determine their satisfaction.   It also included Peter B. Diaz, CPA's pledge to maintain the highest ethical standards regarding it's pricing, customer communications, hiring practices, and more.

"I am proud to be recognized this way for the high quality of service and ethical business practices that have been the hallmark of my company since it was founded", said Peter B. Diaz.

Peter B. Diaz, CPA is a full service Tax Consulting and Financial Consulting company assisting taxpayers and small businesses throughout the San Francisco Bay Area.

For full details on all research steps passed by Peter B. Diaz, CPA, and the ten-point "Best Business Practices Promise" it has pledged to maintain, visit www.primebuyersreport.com


RETIREMENT PLAN CONTRIBUTION LIMITS REMAIN UNCHANGED FOR 2011

Defined Contribution Plans

The IRS announcement means that for 401(k) and other defined contribution plans, in tax year 2011:

The limit on the exclusion for elective deferrals remains at $16,500 per participant.

The overall limit for defined contribution plan deferrals from all sources (employer and employee combined) remains at $49,000 per participant.

The additional catch-up contribution for those ages 50 and older will stay at a maximum of $5,500.

The amount of employee compensation limit that can be considered in calculating contributions to defined contribution plans remains at $245,000.

Defined Benefit Plans

The maximum annual benefit that can be funded through a defined benefit plan in 2011 remains at $195,000,while the amount of employee compensation that can be considered in calculating pension benefits remains at $245,000.

Other Benefit Plans

The limit for SIMPLE retirement accounts remains at $11,500.



IRS ISSUES STANDARD MILEAGE RATES FOR 2011

IRS has announced an increase in the standard mileage rates that taxpayers can use to deduct the cost of driving for business, medical services, or moving.

BUSINESS. Effective January 1, 2011 the standard mileage rate for business driving is 51 cents per mile.

MEDICAL AND MOVING. The IRS deductible rate for medical and moving mileage is 19 cents a mile.

CHARITABLE. Note that the IRS made no change in the mileage rate for driving in conjunction with charitable activities. That rate is set by law and remains at 14 cents a mile.

The standard mileage rates provide taxpayers with an IRS-approved recordkeeping shortcut for deducting expenses for business, medical, and moving driving. The rates are adjusted annually based on operating costs for vehicles. When costs rise dramatically during the year, the IRS considers a midyear change.

The new mileage rates are available to many - but not all - drivers. Give us a call if you have questions or need details on how the changes affect your situation.


Peter B. Diaz, CPA was recently quoted by Fidelity Investments at Fidelity Investors Weekly

4 Tax Steps to Consider Now

Don't wait until it is too late

By Rick Sauder Published: June 10, 2008

You would think it would be hard to persuade someone to put hundreds or even thousands of dollars into a savings account that didn't pay interest and would allow withdrawals only once a year. Yet that's what millions of taxpayers do when they overpay on their income taxes and receive a refund check.

Evaluating the accuracy of your income tax withholding is just one of the smart tax moves that accountants strongly recommend for taxpayers doing their mid-year tax planning, because it's early enough to be the most effective.

"The longer you wait, the harder it is to do any significant planning," says Peter Diaz, a certified public accountant in Redwood City, Calif. "I tell my clients to get a baseline on their tax situation early so they don't have any surprises when it's too late to do anything about it."

Diaz says a mid-year tax review should target:

  • How much you overpaid or owed on your 2007 tax return;
  • Changes in personal circumstances that may affect your taxable income and deductions; 
  • Tax code changes that may impact the amount of tax you owe; and
  • Strategies to lower your taxable income that you haven't taken full advantage of in the past.

Step 1: Revisit your withholding
Getting a big refund or having to write a big check at tax time are both consequences of the same problem -- failing to accurately estimate how much tax you owe for the year. And neither works to your advantage, Diaz says.

"It's not smart to get a big refund," he says. "Ideally, you want to owe a little at the end of the year, but not so much that you would have a penalty for underpayment."

Most taxpayers can avoid a penalty for under-withholding if they pay enough during the course of the year to cover at least 90% of their tax bill, or if they pay at least 100% of the tax shown on the return for the prior year, according to the Internal Revenue Service.

To change your withholding amount, have your employer revise your IRS Form W-4. If you're self employed, adjust your quarterly estimated tax payments.

Learn more
Get withholding help from IRS Publication 919, How Do I Adjust My Tax Withholding? 

Step 2: Evaluate changes in circumstances
If you have already made or are planning to make major changes in your life, remember that they may have tax consequences. For example, says Diaz, buying a new home will likely lower your tax bill, because you'll be able to deduct your mortgage interest and any "points" you paid when you took out your loan.

Similarly, a new child in the family typically generates an additional dependency exemption of $3,500 for 2008, up $100 from 2007.

Another event with significant tax consequences is a child starting college. You might be eligible for a Hope scholarship credit of as much as $1,800 for each enrolled child or a Lifetime Learning credit of up to $2,000 per tax return. If your income is too high to qualify for one of the credits, you might be able to claim a tuition and fees deduction of up to $4,000.

Learn more
See IRS Publication 970 for details of the education credits and deductions.

Conversely, you could incur a significantly higher tax bill if you sell stocks that have greatly increased in value, get a big promotion at work, or receive an inheritance.

Whatever the event, you should incorporate it into your tax planning as soon as possible.

Step 3: Be aware of tax code changes
Tax code changes can significantly impact how much tax you owe, yet many people aren't aware of them until it's too late to benefit -- or to avoid their consequences.

Two items that taxpayers should look at closely in 2008 are the "kiddie tax" rules and the sales tax deduction, says Cynthia Dulworth, a certified public accountant at Sanford, Baumeister and Frazier in Fort Worth, Texas.

The new kiddie tax rules for 2008 make it much harder for parents to shift a large amount of investment income into a child's account so that it will be taxed at the child's lower rate. The new rules specify that a child with unearned income of $1,800 or more will have to pay tax at the parents' rate on the amount of the income that exceeds $900 (the dependent child's standard deduction). The new rule even applies to children ages 19 to 24 if they're full-time students.

There is an exception, Dulworth points out, for children who have earned income that covers half of their support. (For purposes of the kiddie tax, support includes the fair rental value of lodging, clothing, education, medical care, transportation, entertainment, etc.) So parents with small businesses who can employ their children and legitimately pay them enough to satisfy the threshold may be able to limit the impact of the kiddie tax.

But, Dulworth adds, "Many people are going to have to restructure how they transfer money to their children." That might include:

  • Opening a Coverdell Education Savings Account or 529 plan college savings account, in which the earnings are not taxed if they're used for qualified higher education expenses;
  • Investing in equities more likely to generate long-term capital growth than current-year income; or
  • Choosing tax-exempt or tax-deferred bonds.

How Fidelity can help
Learn more about Fidelity managed 529 accounts.

Another big tax change to watch, Dulworth says, is the scheduled expiration in 2008 of the option to deduct state and local sales tax instead of state and local income tax. That's significant for people in Texas and other states without an income tax. For example, a family of four in Fort Worth with income of $90,000 to $100,000, would have been able to claim a sales tax deduction of $1,566 in 2007, according to the IRS sales tax deduction calculator.

Still, Dulworth is hopeful that Congress will reinstate the option before the end of the year, and she advises taxpayers to continue monitoring tax law changes. Last year, Congress made its last major adjustments just before Christmas.

Another action that many taxpayers are hoping Congress will take before the end of the year is once again "patching" the alternative minimum tax, or AMT.

Originally intended to prevent the wealthy from avoiding paying any tax, the AMT in recent years has resulted in millions of taxpayers, many of them in the middle class, owing more in taxes. Last year's last-minute patch raised the AMT income exemption to $66,250 for joint filers and $44,350 for individuals -- but only for 2007. Unless further action is taken, the exemption levels would revert to $45,000 for joint filers and $33,750 for individuals.

Dulworth notes another popular tax credit expiring this year is one for making energy-efficient home improvements, such as improved storm windows and doors. "It wasn't a huge tax break, but a lot of people took advantage of it," she says.

On the good news side, Peter Diaz notes that the long-term capital gains tax rate is reduced to zero for tax years 2008 through tax year 2010 for taxpayers in the 10% and 15% tax brackets. People in those brackets have taxable income below $65,100 for joint filers and $32,550 for individuals.

Therefore, Diaz suggests that "It's a real advantage for taxpayers who don't have a lot of salary income but have a lot of stock -- like someone who has been laid off and has a lot of stock options." He says, "We have a lot of people like that in the Silicon Valley. If you're in that situation, you can cash out some of the stock that would otherwise have been taxed at higher rate."

Step 4: Take advantage of opportunities
If you find that you make a promise to yourself every year at tax time that you will put more income into tax-deferred accounts -- but never following through -- now is the time to make good on the promise for 2008.

"I encourage clients to take full advantage of their 401(k) plans and IRAs to reduce their taxable income," Diaz says. "At a minimum, it's silly not to at least put enough in your 401(k) to get the full employer match."

Participants in 401(k) and 403(b) plans can contribute up to $15,500 ($20,500 if they're age 50 or older by the end of the tax year) in 2008 and reduce their current-year taxable income by that amount. But it's hard to get there, Diaz says, if you wait too long into the year to increase your paycheck contributions. Check in with your employer now to increase your payroll deduction.

Also in 2008, the amount of qualified contributions to a Traditional IRA or a Roth IRA increases $1,000 to $5,000 per eligible taxpayer ($6,000 for people 50 and older).

Furthermore, Diaz is encouraging clients who cannot contribute to a Roth IRA -- because their income exceeds the contribution limits -- to make nondeductible contributions to a Traditional IRA this year and next. Because in 2010, the income limit for converting a Traditional IRA to a Roth IRA disappears -- currently only those with modified adjusted gross income below $100,000 could convert. So those nondeductible Traditional IRA contributions can be converted to a Roth, giving his clients "a nice jump start," because they will only have to pay tax on the earnings, not the principal. 

How Fidelity can help
Learn more about IRAs.

One thing that all of the mid-year tax planning strategies have in common is that if you don't start early, their value will diminish over time. The best tax plan, the experts say, begins long before the end of the year.

How Fidelity can help
Visit the Fidelity Online Tax Center for tax tips, tax planning tools, and tax-saving opportunities with Fidelity products, services, and investment options.

(Please e-mail any comments to Investor's Weekly at Investors.Weekly@fmr.com.)

To the extent content in this article was provided by a third party unaffiliated with Fidelity Investments, such third party was solely responsible for that content, and the views expressed by the author may not necessarily reflect those of Fidelity Investments. The tax information contained herein is general in nature, and is provided for informational purposes only. Fidelity does not provide legal or tax advice and the information provide herein should not be construed as such. Fidelity disclaims any liability arising out of your use of, or any tax position taken in reliance on, the information provided in this article. For advice specific to your personal situation, consult a qualified tax advisor.




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