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Smart
Tax, Business & Planning Ideas
from
your Trusted Business
AdvisorSM |
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How
Long Should You Keep Records?
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Individual
taxpayers and business owners must deal with an
enormous amount of record keeping. Data arrives
regularly, electronically and on paper. Keeping
track can be a challenge.
Just as
challenging, you must decide which records to keep
and how long. If you just keep everything, you
will have increased storage responsibilities and a
more difficult time locating the information you
need. Moreover, the longer you retain records, the
greater the chance that someone might access them
and use them improperly.
So how long should
you keep records? The short answer is it depends.
Some records can be destroyed after a short time,
but others must be kept indefinitely, depending on
the nature of the transactions they
describe.
Timetable
for tax records Generally,
you must keep tax records that support the income,
deductible expenses, and credits you report on a
tax return. In addition, you should keep copies of
the returns you file. The basic rule is you should
keep these records until the limitation period
runs out for the return the record is related to.
The limitation period is the period in which you
can amend a return to claim a credit or refund, or
the IRS can assess additional
tax.
Generally, the limitation period for a
return is three years after you file the return.
If you file your return before its due date, it is
treated as filed on the due date for these
purposes. Thus, as of this writing, you can shred
and erase most tax records for 2008 and earlier
years (however, if you filed on extension for
2008, the limitation period may not be up yet,
depending on when you filed). Your tax records for
2009 and 2010 should be retained because the
limitation period for those returns has not run
out.
Exceptions exist:
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If
you mistakenly did not report income that you
should have, and the shortfall is more than 25%
of the gross income shown on your return, you
should keep records for six years, rather than
three years. |
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If
you filed an amended return to claim a credit or
a refund, you should keep records for (a) three
years from the date you filed your original
return or (b) two years from the date you paid
the tax, whichever is
later. |
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After
you have filed a claim for a loss from worthless
securities or a bad debt deduction, keep the
relevant records for seven
years. |
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If
you have employees, you also should keep all
employment tax records for at least four years
after the date the tax became due or has been
paid, whichever is
later. |
Caution:
If you did not file a tax return—or, even worse,
filed a fraudulent return—the limitation period
never runs out. Keep tax records for those years
indefinitely.
Beyond
the limit Even
if you haven’t amended a tax return, you may have
to hold onto some records for an extended time
period. That’s true of records connected to assets
such as securities or real estate. Until you
dispose of such assets in a taxable transaction,
you should keep records that support your claimed
gain or loss as well as any depreciation,
amortization, or depletion deductions you’ve
taken. If you have received property in a taxfree
exchange, you should keep the records that relate
to the property you relinquished and to the
property you acquired until the limitation period
expires for the year in which the new property is
sold in a taxable disposal.
In addition,
you should keep records of nondeductible
contributions to retirement accounts indefinitely.
Those contributions will allow you to avoid some
tax on future withdrawals and on Roth IRA
conversions. You also should retain
home-improvement records as long as you own a
house because those outlays could reduce the tax
you’ll owe when you
sell.
Filing
for the future The
IRS permits businesses, sole proprietors, and
individual taxpayers to store tax documents
electronically. Besides documents that originate
electronically, the IRS rules also permit
taxpayers to convert paper documents to electronic
images and maintain only the electronic files.
This allows for the paper documents to be
destroyed.
For businesses, the IRS
electronic record retention rules require
electronic files to provide enough information to
justify entries made on tax returns, so the tax
liability can be determined. Those records must be
detailed enough to explain transactions and
identify any underlying source documents.
Companies must make electronic records available
to the IRS upon request and provide the IRS with
any help needed to access the information
contained in those records.
If your company
uses an electronic storage system for its records,
you should be sure that the system can index,
store, preserve, retrieve, and reproduce the
electronic data. Make sure the system provides
reasonable controls for the integrity, accuracy,
and reliability of your data. For your own
security, you’ll want a system that’s designed to
prevent and detect any unauthorized revision or
deletion of your data.
Beyond taxes, other
vital business documents must be retained for
extended time periods. The requirements usually
are set by state law. However, legal documents
such as contracts, leases, and binding agreements
probably should be retained in hard copy document
form.  |
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What's
Inside |
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August
2012 |
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Sparkmon
& Associates,
CPAs 1429 Iris
Drive, P.O. Box 80908 Conyers,
GA 30013-8908 770-785-7855
Click
here to
contact us.
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Trusted
Advice |
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Kiddie Tax
Coverage |
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Children
under age 18 are subject to the kiddie
tax. |
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Eighteen-year-olds
are considered kiddies if their earned income is
no more than half of their support for the
year. |
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Full-time
students under age 24 also are considered
kiddies if their earned income is no more than
half of their
support. |
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For
kiddies, low taxed investment income is limited
to $1,900 in 2012. Excess amounts are taxed at
their parents’ rates. |
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Regardless
of age, married children filing joint returns
are not subject to the kiddie
tax. |
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Did
You
Know? |
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Among
young workers (age 25–34), men contribute more
to employer retirement plans than women: 7.6% of
salary, on average, versus 6.1%. For preretirees
(age 50–64), the gender gap is reversed, with
women contributing 10.1% of pay versus 9.4% for
men.
Source:
ING Retirement Research Institute
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Trusted
Advice |
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Life Insurance Tax
Benefits |
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Death
benefits paid by a life insurance policy usually
are not subject to income tax. However, those
benefits may be subject to estate
tax. |
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Permanent
(as opposed to term) life policies typically
have an investment component called the “cash
value.” Inside the policy, any cash value
earnings are tax
free. |
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Policyholders
generally can withdraw money up to the amount of
premiums paid tax-free. They can also borrow
against permanent life insurance cash values
tax-free as long as the policy remains in force.
However, excess borrowing or withdrawals might
cause the policy to lapse and may generate tax
obligations. |
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Wellness
Programs for a Healthier Bottom
Line |
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About
70% of U.S. employers offer some type of wellness initiative,
according to a recent survey conducted by the International
Foundation of Employee Benefit Plans (IFEBP). Among the survey
respondents, about 20% have analyzed the return on investment
(ROI) from these programs. In most cases, ROI has been
positive.
Employers introduce wellness initiatives in
order to encourage employees to seek preventive care and to
adopt healthier lifestyles. The programs might urge workers to
get flu shots, for example, and to undergo various types of
health screenings and risk assessments. Other common offerings
include smoking cessation and weight management
programs.
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In
order to boost participation in wellness programs, companies
typically provide incentives. Employers might offer employees
a lower contribution to the company health plan, if employees
take certain preventive measures or take part in a fitness
program. Further lures could include tangible rewards such as
gift cards, cash bonuses, and merchandise ranging from iPods
to flat screen TVs.
Virtue’s
rewards With
such incentives, plus the hiring of an outside firm to
administer the program, wellness initiatives can be expensive.
Nevertheless, those outlays not only can result in a
healthier, more productive workforce, they also can more than
pay for themselves. “For every dollar spent on wellness
initiatives, most organizations see between $1 to $3 decreases
in their overall health care costs,” the IFEBP
concludes.
Why is the ROI so impressive? Employees who
participate in wellness programs generally wind up in better
health: they lead more wholesome lifestyles, and they may
detect medical conditions before they become serious.
Eventually, company-wide expenses for expensive medications
and procedures will decline, or grow at a slower pace,
resulting in lower health care costs. Other financial benefits
include reduced sick leave absenteeism as well as lower claims
for workers’ compensation and disability
management.
Business owners who introduce such
initiatives should be patient. You can expect it to take three
years or more for the cost savings to become apparent. Even
sooner, though, you might see a boost in morale as employees
hear the message that you want them to get well and stay well.

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Tax
Savings Versus College
Aid |
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For
parents, income shifting is a proven tax-saving tactic. If
your children have investment assets and report the income
from those assets, they’ll owe little or no tax. However,
transferring investment assets to your children probably will
reduce your family’s eligibility for college financial aid. By
understanding the tradeoffs involved, you can make informed
decisions.
Custodial
concerns Parents
who wish to shift investment income to their children can
establish custodian accounts under the Uniform Transfers to
Minors Act or the Uniform Gifts to Minors Act. Interest,
dividends, and capital gains may then be reported by their
children, who will owe less tax.
Example
1: Kyle Watson has a son, Grant, age 8. Over
the years, Kyle has transferred $35,000 worth of bond fund
shares to Grant. In 2012, the bond fund pays $1,400 in
interest income to Grant; this fund also distributes $400 to
Grant as his share of its long term capital gains for the
year. If Kyle had retained those fund shares, he would have
owed ordinary income tax on the interest income at rates up to
35%, plus 15% tax on the long-term capital gains distribution.
Young Grant, though, owes no tax on the capital gains and not
more than 10% on the interest income.
Thus, some family
tax savings exists. Grant can reinvest nearly all of his
investment income, after tax, and continue to build a college
fund.
Although the tax savings are helpful, shifting
income in this manner has some drawbacks. For one, money
transferred to a custodial account belongs to the minor. In
our example, Kyle no longer will have unlimited access to the
money. When Grant comes of age (generally, between ages 18 and
21, depending on state law), he will have access to the money
still in his custodial accounts and may not follow Kyle’s
advice on how to spend it.
Another drawback: the
so-called “kiddie tax” applies to the investment income of
most youngsters before they reach college age, as well as many
college students. This tax now limits income shifting to
$1,900 of investment income per year. Thus, the maximum tax
savings are modest.
Barriers
to aid In
addition, students are expected to pay heavily from their own
funds when they attend college. The more they can pay, by the
financial aid formula, the less aid they’ll be
granted.
Example
2: Kim Harmon has been accepted at a
university where the total costs are $35,000 a year. If the
Harmons’ expected family contribution is $22,000, Kim will be
eligible for $13,000 of aid. However, if the family can be
expected to pay $31,000, Kim can get only $4,000 of
aid.
According to the financial aid formula, students
are expected to contribute 20% of their assets to pay for
college, but parents are only expected to pay 5.64% of assets.
The more assets held by Kim, the greater the family’s expected
contribution and the less financial aid Kim can
receive.
The bottom line is that transferring assets to
a student can save income tax but also will reduce the
family’s potential for college financial
aid.
Weighing
the choices Shifting
investment income to youngsters will deliver the proverbial
“bird in the hand.” You know that you’ll save tax every year.
Saving hundreds of dollars a year, over a period of many
years, can add thousands of dollars to your family’s savings.
It’s true that custodial accounts will go to your children
when they become adults, but many youngsters can be trusted to
use the money wisely.
Conversely, there is nothing
guaranteed about college financial aid. Your student might
become a star athlete or receive an appointment to a military
academy, thus, making financial aid unnecessary.
Alternatively, your income and net worth might be so great by
the time your children are in college that no financial aid
will be offered. Families in these circumstances might have
benefitted by shifting income to save tax each
year.
From another perspective, college costs have been
rising sharply and may continue to do so. Higher costs mean
that more families will qualify for aid, especially if they
will have more than one child in college at the same time.
Such families stand to benefit from saving in the parent’s
name to increase potential financial aid. What’s more, parents
who save through 529 college plans won’t owe income tax on the
earnings in those plans, so there may not be a great need to
shift investment income.
If you have children who
probably will be attending college in the future, our office
can help you weigh the available alternatives.  |
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Investing
on the New Frontier |
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The
conventional wisdom holds that this century has been
disappointing for stock market investors. Through the first
quarter of 2012, the benchmark S&P 500 Index showed a
return just over 4% per year, for the prior 10 years. That was
less than half the long-term average; for the 40 years from
1972–2011, the broad U.S. stock market has returned nearly 10%
a year to investors.
Still, this century has rewarded
some investors who put their money into stocks from emerging
markets. According to Morningstar, its diversified emerging
markets category of mutual funds gained nearly 13% a year for
those 10 years. These funds invested largely in Chinese and
Brazilian stocks. Indeed, Morningstar’s Latin American stock
category of funds led all others with annualized returns over
17% for those 10 years, mainly because of their focus on
Brazil.
Growth
spurt Why
did Chinese and Brazilian companies, among others, reward
investors, while American, Japanese, and European stocks
generally lagged? In a word, growth. Some developing nations
enjoyed rapid economic growth as they adopted market-oriented
economies, and companies based in those countries posted
significant profits.
Emerging markets investments may
continue to outperform others... or they may not. History is
filled with examples of investments that soared for a period
of time and then came back to earth. Moreover, growth from
current levels may be harder to attain than that from the
starting point of 10 years earlier.
Meanwhile, some
investors are seeking the next round of emerging
markets—countries that now are in a position similar to that
of China or Brazil at the turn of the century. Such countries
are known as frontier markets, to differentiate them from more
familiar emerging markets. Advocates of frontier market
investments assert that investors will profit from these
markets in the next decade, just as shareholders benefitted
from emerging markets in the last 10
years.
Defining
the terms
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The
globe has become divided into three types of markets. The
industrialized nations of the world attract most capital from
investors. Emerging markets, as previously noted, have taken
steps on the path to economic development. Frontier markets
(which are not in either of the other two categories) have
farther to go before they offer a broad range of companies in
which to invest and an efficient stock market for trading
shares.
Investors can choose among many countries that
are neither developed nor emerging. Nevertheless, not all of
these nations are considered frontier markets. Generally,
sophisticated investors seeking promising frontier markets
look for an assortment of publicly traded companies, liquid
trading opportunities, reporting requirements for public
companies, established property rights, and a rule of law that
extends to sizable companies. With such features in
place—which are by no means present in all parts of the world—
shareholders of public companies may have realistic hopes of
pocketing profits.
The countries that meet the criteria
for being a frontier market tend to be largely rural, with a
low technology base yet some signs of market capitalism.
Often, they offer human capital in the form of young and
willing workers.
Appealing
aspects If
countries can be classed as frontier markets, they may provide
opportunities for investors. Because they are starting from a
smaller base, frontier markets may grow faster than developed
nations and emerging markets in the future.
Such growth
could help create an expanding middle class, leading to more
demand for high quality goods and services. That demand, in
turn, may generate profits and higher stock prices. In
addition, some frontier markets have ample natural resources,
which they can profitably export to other countries. A recent
report from Citigroup listed Bangladesh, Iraq, Mongolia,
Nigeria, Sri Lanka, and Vietnam among frontier markets
projected to report superior economic growth over the next
several decades.
Moreover, major financial institutions
typically do not devote extensive resources to following the
companies in frontier markets. That may create opportunities
to find well priced frontier market stocks with excellent
growth potential.
Already, some funds offer investors
access to frontier markets. These include exchange-traded
funds and mutual funds designed to track a frontier markets
index.
If you are interested in the concept of frontier
markets, be aware that such investments are likely to be
volatile. Any portfolio allocation should be modest.  |
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Selling
a Life Insurance Policy Can Be
Taxing |
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Life
insurance is a valuable financial planning tool for many
people. However, there might come a time when you no longer
need or wish to keep paying for your policy. Depending on the
specific details of your policy, you may have several options:
you might be able to surrender your policy for its cash value;
withdraw money; borrow against the policy; or exchange it for
another life insurance policy, an annuity, or a long-term care
policy.
In recent years, yet another choice has
emerged. You may be able to sell a life insurance policy you
no longer wish to retain. With life settlements, as these
sales are known, an investor group might buy a policy, pay the
necessary premiums to keep the policy in force, and collect
cash at the death of the insured individual. Sometimes, a
policy sale will bring in more money than the other
options.
Selling a life insurance policy at a profit
will generate a tax obligation. That obligation became larger
with an IRS announcement in 2009.
Example
1: Mark Arnold bought a life insurance policy
years ago, when his children were young. Over the years, he
paid a total of $250,000 in premiums. Now that Mark’s children
are grown and Mark’s wife Anne has ample assets, Mark decides
he no longer needs that policy. He sells it and receives
$600,000.
Until a few years ago, Mark would have
reported a $350,000 gain from the sale: $600,000 received less
his $250,000 in premiums. However, in 2009, the IRS released
Revenue Ruling 2009-13, which introduced the concept of
adjusted basis to these transactions. As the IRS put it, “To
measure a taxpayer’s gain upon the sale of a life insurance
contract, it is necessary to reduce basis by that portion of
the premium paid for the contract that was expended for the
provision of insurance before the sale.” In other words,
subtract the cost of life insurance protection from the basis
to determine the taxable gain. The cost of life insurance is
generally comparable to the premiums the policyholder would
have paid for term life insurance; the number is available
from the insurance company.
In this case, Mark’s cost
of insurance was $40,000. Now his basis is reduced from
$250,000 to $210,000, and the gain on a sale for $600,000 is
increased from $350,000 to $390,000. This added gain makes the
transaction more taxing and makes life settlements less
appealing, compared with the alternative courses of
action.
Fortunately for policy sellers, the basis
adjustment is favorably taxed as a long-term capital gain. Say
that Mark had $380,000 of cash value in this policy. The
$130,000 gap between the premiums he paid ($250,000) and his
policy’s cash value ($380,000) is taxed as ordinary income, at
rates up to 35% in 2012. The other $260,000 of Mark’s profit
($390,000 total gain minus the $130,000 taxed as ordinary
income) is only taxed at 15% this year as a long-term
gain.
Beyond
taxes If
you are thinking of selling a life insurance policy, taxes are
one of several issues to consider. For instance, will you be
comfortable knowing that investors will profit by your death?
Are you sure your loved ones no longer need the coverage?
Even if you decide that you’d be willing to sell,
buyers might not have sufficient interest to make a
substantial bid. Investors who buy life insurance will want to
know your life expectancy, as revealed by your medical
reports.
Buyers usually prefer cash value (permanent)
life insurance, which can be kept in force until the insured
individual dies. Term life policies probably need to be
convertible to permanent life in order for buyers to offer an
attractive amount.  |
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TAX
CALENDAR |
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AUGUST
2012
August
10 Employers.
For Social Security, Medicare, and withheld income
tax, file Form 941 for the second quarter of 2012.
This due date applies only if you deposited the
tax for the quarter in full and on
time.
August
15 Employers.
For Social Security, Medicare, withheld income
tax, and nonpayroll withholding, deposit the tax
for payments in July if the monthly rule
applies.
SEPTEMBER
2012
September
17 Individuals.
If you are not paying your 2012 income tax through
withholding (or will not pay in enough tax during
the year that way), pay the third installment of
your 2012 estimated tax. Use Form 1040-ES.
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Employers.
For Social Security, Medicare, withheld income
tax, and nonpayroll withholding, deposit the tax
for payments in August if the monthly rule
applies.
Corporations.
File a 2011 calendar year income tax return (Form
1120) and pay any tax, interest, and penalties
due. This due date applies only if you timely
requested an automatic 6-month
extension.
Deposit the third installment of
estimated income tax for 2012. Use the worksheet
Form 1120-W to help estimate tax for the
year.
Partnerships.
File a 2011 calendar year income tax return (Form
1065). This due date applies only if you timely
requested an automatic 5-month extension. Provide
each shareholder with a copy of Schedule K-1 (Form
1065) or a substitute Schedule
K-1.
S
corporations. File a 2011 calendar
year income tax return (Form 1120S) and pay any
tax due. This due date applies only if you timely
requested an automatic 6-month extension. Provide
each shareholder with a copy of Schedule K-1 (Form
1120S) or a substitute Schedule K-1.
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This
CPA Client
Bulletin has been provided as a complimentary service of
your CPA. If you have any questions or would like to stop receiving
this newsletter, please contact Sparkmon
& Associates, CPAs directly.
The
CPA Client
Bulletin (ISSN 1942-7271) is prepared by AICPA staff for
the clients of its members and other practitioners. The Bulletin
carries no official authority, and its contents should not be acted
upon without professional advice. Copyright © 2012 by the American
Institute of Certifed Public Accountants, Inc., New York, NY
10036-8775. Sidney Kess, CPA, JD, Editor.
In accordance with
IRS Circular 230, this newsletter is not to be considered a "covered
opinion" or other written tax advice and should not be relied upon
for IRS audit, tax dispute, or any other
purpose. |
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