Welcome to the Tax Blog

News, information, and opinions about:

  • Federal, State, and Virginia Beach Taxes
  • The Tax Preparation Business
  • Tax Planning

If you have a question or comment, please drop me a line. Paul @ PIM Tax.

Updated September 2020 (originally posted 21 October 2015)

tax prep virginia beach virginia 529 loopholeUpdate: Most of the original information in this article is the same as when it was first posted, but a few things have changed. Fortunately, I think they have actually changed for the better! I will put the updated information in italics.

How much is your time worth? Would you fill out a couple of forms that might take you 20 - 30 minutes for $230? If you will be paying college expenses one day and you pay taxes in the state of Virginia you can get that $230 every year if you want it. If you're really motivated, you might be able to fill out some additional paperwork and collect an additional $230 every time you do.

Here's the deal - the Virginia 529 plan offers Virginia residents the opportunity to deduct up to $4,000 annually from their Virginia Adjusted Gross Income for each Virginia 529 account they own and contribute to. You can deduct your contributions dollar-for-dollar up to $4,000 for each account you put money in, as long as you are also the owner of that account. The top marginal income tax rate in Virginia is 5.75%, meaning you can save $230 each time you deduct $4,000 from your Virginia AGI.

Virginia also allows a carryover of any unused deduction. If you contribute $10,000 to a single account in a year you can deduct $4,000 for that tax year, $4,000 in the next tax year, and $2,000 in the tax year after that.

Virginia 529 plans are individual in nature, and can only have one owner. But beneficiaries - the person you intend to use the money - can have multiple accounts as long as the total of all accounts for one beneficiary remains below $500,000 (was $350,000). Meaning...you can be the owner for an account for your child, and your spouse can be the owner of another Virginia 529 account for the same child. If you each contribute $4,000 to your respective accounts, then you can take $8,000 off the Virginia AGI on your joint state income tax return.  Have two children? If you and your spouse both open an account for each child and you put $4,000 in each of those four accounts, you can deduct $16,000 from your Virginia AGI in a single year. That's a tax savings of $920 that year! According to the Virginia 529 website FAQs, you can invest in multiple portfolios for a single beneficiary, and each portfolio is considered a separate account!

Here's a nifty concept: there is no minimum time requirement for your money to be in the Virginia 529 account to qualify for the tax benefit. In other words, you can deposit the money into the Virginia 529 account, take it out a week later, and still qualify for the state income tax deduction. Just make sure you have qualifying higher education expenses (QHEE) in the amount of the 529 distribution and your tax deduction is yours to keep.

Do-it-yourselfers want to look at the Invest529 plans. There is a broad selection of low-cost portfolios to choose from, including an FDIC-insured account that you would want to use for any short-term investing (called "Principle Protection" portfolio). For children who are years or decades out, you should look at the more aggressively invested portfolios. They have a nice selection of target-date portfolios that have low expense ratios, broad diversification, and a reasonable allocation among securities (In addition to being an Enrolled Agent, I am a CFP® Professional and a registered investment adviser in the Commonwealth of Virginia, so I've studied these concepts a bit.) 

The Virginia 529 plans have fully embraced the internet and internet banking concepts. You can now make deposits and withdrawals from your home computer. Those of you so-inclined can also use mobile apps, but I've never had a college funding situation that couldn't wait until I got home to resolve. But if you need or prefer to use your phone, it is available.

DO NOT take your money out of another 529 account and cycle it through another Virginia 529 account. That will count as 2 withdrawals for education. You will have to justify enough QHEE to cover both distributions or face the tax and penalties for an unqualified withdrawal.

529s are a great tax deduction, but if you qualify for the American Opportunity Credit or the Lifetime Learning Credit you will likely get a larger tax benefit using one of those tax credits. Make sure your use of the Virginia 529 does not interfere with your eligibility for those other more valuable tax credits for education. The good news is that unlike the AOC and LLC, you can use 529 money for room and board, so it is possible to take advantage of more than one tax break for education per student per year. You can get the AOC for the tuition expense and the 529 tax benefits for paying room and board. You just need to keep things organized and coordinated (and documented for tax purposes!). If you have any questions please contact me.

Updated August 2020 (originally posted Feb 2016)

virginia beach tax prep love deductionsA conversation I have frequently during tax season:

  • Taxpayer: How much do you charge?
  • Paul: Do you use the standard deduction or itemize?
  • Taxpayer: What's that mean?

I am about to tell you what that means.

In addition to raising revenue, the federal government also uses the tax code to influence our behavior. One of the things the government does is encourage homeownership. Homeownership is good for the economy. When people buy homes it creates jobs for home builders, landscapers, real estate agents, bankers, etc. The government wants to encourage Americans to buy homes, so they allow money spent on things like mortgage interest and real estate taxes to be deducted from a taxpayer's income before the tax is calculated. Buying a house can create tax deductions, thus providing a way to pay lower taxes. This provides a financial incentive for people to buy houses. 

But what about the people who aren't in the right place in their lives to buy a house? Can't they get a deduction? Are they stuck paying taxes on all of their income? The government has determined that would not be fair, so they created the standard deduction. The standard deduction is an amount anyone can remove from their income before they calculate the tax owed. The amount of a taxpayer's standard deduction is based on their filing status: married filing jointly, single, head of household, married filing separately, or qualified widow(er). For 2020 the standard deduction amounts are as follows:

Filing Status  2020 Standard Deduction 

 Single

$12,400
Married Filing Jointly $24,800
Married Filing Separately $12,400
Qualifying Widow(er) $24,800
Head of Household $18,650

Any taxpayer can use the standard deduction, or they can calculate the amount of each individual deduction for which they qualify, total them, and use the total of the individual deduction items instead. As always, we are interested in the result that is LAMA (legal and most advantageous) to the taxpayer. This will almost always be whichever provides the larger deduction. To know if you itemize or take the standard deduction you need to understand the things that qualify for deductions.

Typical Deductions on an Individual Return

Taxes:

Other taxes you pay. The state and local income taxes you pay can be deducted from your federal tax return. If you are a resident of a state with no income taxes you can deduct your sales taxes instead. Local taxes refer to the income taxes some cities place on their residents. (See my article on Alternative Minimum Tax for a big exception to Uncle Sam's generosity regarding not getting double-taxed.

You can also deduct the real estate taxes you pay. For most taxpayers, this refers to the taxes paid on their residence. If you pay real estate taxes on a property you rent to someone else you don't itemize those on Schedule A. You deduct those when you figure out your rental property's operating expense on Schedule E. 

Personal property taxes paid can also be deducted. In Virginia Beach, that's the lovely little blue sheet that comes from the city every year telling you how much you owe because of your vehicle (or boat or trailer). People sometimes get real estate taxes and personal property taxes confused. For federal tax purposes, real estate is land and buildings. Personal property is everything else you own.

Since 2018 the total amount of state and local income taxes, real estate taxes, and property taxes that can be deducted from the federal tax return is limited to $10,000. If your state and local, real estate and personal property taxes add up to more than $10,000, then you simply deduct $10,000. Taxpayers are encouraged to put the actual values into their tax software even if the amount will be limited to $10,000. Many stater are not following the federal rules on itemizing and you may get full credit for taxes paid on your state income tax return.

Interest

After taxes, the largest deduction for which many people get a good benefit is loan interest. Specifically because mortgage interest is usually a big number and it's deductible.

Points paid on a mortgage are deductible, but you usually can't take them all in the year they are paid. Points paid must be amortized (spread out) over the life of the loan. If you paid $3,000 in points for a 30-year loan, then you can essentially take $100/year in your deduction for points.

Mortgage insurance premiums may deductible to taxpayers with an AGI below $110,000. The law allowing this must be voted on by Congress each year, so it could go away at any time.

Charitable Donations

Donations to charity are generally deductible if you itemize your taxes. There are a lot of rules about this, but the one most taxpayers should remember is SAVE YOUR RECEIPTS. There is a common misperception the IRS doesn't require receipts below a certain level. Not true. If you are audited you have to account for every dollar. 

Side Note: It's common for people to hand me a receipt from Goodwill or Habitat for Humanity that lists a few items and the date of the donation. Then I ask the person what was the value of the items donated and they have trouble recollecting. When you get the receipt write down the value of the items donated while it is still fresh in your mind. (Not the value of the items when they were new - the amount they can reasonably be expected to sell for as used items.)

Unreimbursed Job Expenses

The unreimbursed job expenses of an employee are no longer deductible. This category of deductions was removed by the Tax Cuts and Jobs Act. However, the provisions of the TCJA are set to expire in 2025, so they may be back one day!

Medical Expenses

As part of the Affordable Care Act (a.k.a. Obamacare) the threshold for claiming medical expenses was raised to 10% of adjusted gross income (AGI). That means if your AGI is $50,000 your medical bills are not deductible until they total over $5,000 (10% of  $50,000). Congress moves this number often. Some years it is 7.5%, some years it is 10%. Make sure you are using the latest and greatest numbers if you're itemizing medical expenses.

Standard Deduction or Itemize? The House is Usually the Key.

When trying to determine if a taxpayer is going to take the standard deduction or itemize their deductions, I will typically ask the taxpayer if they own their home or rent. Without the deductions for mortgage interest or real estate taxes, it is unusual that itemizing makes financial sense. If you don't own a house (and a mortgage) you will have to give a lot of money to charity to make itemizing more beneficial than just the standard deduction.

It is rare for military families who do not pay state income taxes to itemize their federal deductions. It happens, but it is rare.

Deductions are a great thing to have if you are trying to minimize your tax bill. Getting the largest deduction possible might be something I can help you with. If you have any questions, please contact me.

Stimulus Checks

 As part of the recent CARES Act, Treasury has been directed to provide US taxpayers with an advanced tax credit (a.k.a. 'Stimulus Check"). Here is a brief explanation of how they work, who will get one, how much they will get, and some things you may want to consider to maximize your benefit.

 


Tax Credits for Sick Leave and Family Leave

Possibly the best kept secret in all this mess is that self-employed taxpayers who need to take sick leave or family leave as a result of the coronavirus / COVID-19 pandemic will now qualify for special new tax credits when they file their 2020 tax return. Learn how to qualify and how to calculate your credit in this short video.

 


Tax Season is Extended

In case you missed it, the tax filing and paying deadline is extended until July 15, 2020. To whom does this apply and what's the best way to take advantage of the situation? Learn from this short video!

 

 

 

March 21, 2020

A short video to explain the changes to the filing deadlines release by the IRS and Virginia, and how the COVID-19 pandemic is impacting operations at PIM Tax Services.

PIM Tax Services will donate 100% of our profit from tax returns generated during the postponed period (4/15/2020 - 7/15/2020) to the Hampton Roads Community Foundation.

19 January 2019

Virginia Beach Tax Prep GuidanceI did not expect to be posting a blog article today, but much to my surprise, the IRS released a proposed Revenue Procedure late yesterday, and I felt like I needed to provide some information and guidance. (Treasury (the IRS) releases Revenue Procedures as formal guidance to taxpayers on how to apply the tax law.) The proposed Revenue Procedure is designed to clear up the confusion as to whether or not rental real estate qualifies for the new Section 199a “Qualified Business Income” deduction. I wasn’t surprised by the content of the proposed Revenue Procedure. I was surprised we received guidance before the tax season was officially underway! Clear guidance isn't nearly as abundant as I would like during normal times. With the government shutdown and big chunks of the IRS out on furlough I figured there was no way they could issue coherent and timely guidance. I was pleasantly surprised they gave us both. Let me break it down for you.

Background.

As part of the December 2017 tax reform - the Tax Cuts and Jobs Act (TCJA) - there is now a tax deduction written into the tax code known as the Section 199a deduction (cleverly named after the paragraph in the Internal Revenue Code that describes it.)  You might also see it referred to as the Qualifying Business Income deduction or QBI deduction because it is a deduction on Qualifying Business Income (QBI). It’s complicated, but in a nutshell, qualifying pass through business can deduct 20% of their income, essentially making that 20% insulated from federal income taxes. It is a REALLY good deduction. Landlords want to be able to claim it, but questions lingered as to whether residential rental real estate was considered a 'qualifying business'.

After interim regulations came out in August, most tax pros believed holding out real property for the purpose of generating rents (a.k.a. being a landlord) would qualify for the Section 199a deduction. Count me among them. It seemed like that was Treasury’s intent, but there was still room to interpret the new law in different ways.

Yesterday’s release of the new proposed Revenue Procedure finally put that to rest. 

What the Proposed Revenue Procedure Says

The proposed Revenue Procedure establishes a Safe Harbor for landlords looking to claim the Section 199a deduction. By establishing a Safe Harbor, the IRS is essentially saying, “If you have residential rental property and you comply with the following guidelines, then you will qualify for the Section 199a deduction.”

There are just 4 guidelines:

A) You must maintain separate books and records for your rental business.

(Paul’s interpretation: Do not run your real estate activities through your personal bank account. The Section 199a deduction is for BUSINESSES. You are expected to treat your real estate enterprise like a business in order to get this deduction.)

(B)(1) For tax years 2018 - 2022 you must work at least 250 hours per year on ‘rental services’. (I’ll explain rental services later.)

(B)(2) Beginning in 2023 you must work at least 250 hours per year for 3 of the previous 5 years on ‘rental services’. (I’m just trying to make it through January 2019, and they are giving me guidance on 2023 and beyond? Oy!)

(C) The taxpayer maintains contemporaneous records, including time reports, logs, or similar documents, regarding the following:

(1) hours of all services performed

(2) description of all services performed

(3) dates on which such services were performed

(4) who performed the services

(Paul’s interpretation: You need to clock in and clock out when you are working on your rental property business.)

Such records are to be made available for inspection at the request of the IRS. The contemporaneous records requirement will not apply to taxable years beginning prior to January 1, 2019. (Paul’s interpretation: You don’t need these records for 2018.)

(D) You must attach a signed statement to your tax return indicating you are claiming the Section 199a deduction, and you are compliant with the proposed Revenue Procedure. It must also contain the following language:  “Under penalties of perjury, I (we) declare that I (we) have examined the statement, and, to the best of my (our) knowledge and belief, the statement contains all the relevant facts relating to the revenue procedure, and such facts are true, correct, and complete.”

Rental Services

The proposed Revenue Procedure describes rental services as follows:

  1. advertising to rent or lease the real estate
  2. negotiating and executing leases
  3. verifying information contained in prospective tenant applications
  4. collection of rent
  5. daily operation, maintenance, and repair of the property
  6. management of the real estate
  7. purchase of materials
  8. supervision of employees and independent contractors

The proposed Revenue Procedure is also careful to specifically exclude the following activities from qualifying as rental services:

  1. arranging financing
  2. procuring property
  3. studying and reviewing financial statements or reports on operations
  4. planning, managing, or constructing long-term capital improvements
  5. hours spent traveling to and from the real estate

There was some additional guidance in the proposed Revenue Procedure about how to aggregate (or not aggregate) your properties for your business enterprise, as well as a prohibition on mixing residential and commercial properties in the same enterprise. Those are important to a few people, but I don’t want to get into that yet. For now I just want to make sure the majority of my landlords know there is concrete guidance on whether and how to claim the section 199a deduction.

The IRS was also quick to point out that you are not precluded from claiming the Section 199a deduction just because you don't qualify for the Safe Harbor. You may still qualify for the Section 199a deduction even if you violate the guidelines in the proposed Revenue Procedure. Your unique facts and circumstances would need to be analyzed when making that decision

Bottom Line: Separate books and bank accounts, start keeping records of your rental service activities, and enjoy your Section 199a deduction!

If you still have questions, ask! (757) 407-4189

02 January 2019

Virginia Beach Tax Prep Solo 401KI don’t regret one minute of my Navy career, but if I had realized how much fun it is to be an entrepreneur and business owner, I would have done it a long time ago. Building this tax business (and now building Redeployment Wealth Strategies with Sean) has been, and continues to be, both fun and gratifying. One of the most enjoyable aspects of these new careers is the opportunity to meet other entrepreneurs/small business owners. We are a strange and interesting breed, and I like spending time with (and helping whenever possible) other members of my tribe.

A question I frequently receive from clients with their own start-up business is how to protect profits from taxation. This question typically comes in the second or third year of business operations. The first year is rarely profitable for a new business as the costs involved with starting the business usually take up all the available revenue. After two or three years, however, many new businesses start to show a profit and people start to wonder if they are being as efficient as possible with their taxes. (Managing taxes being an essential task of the small business owner.)

My favorite response for sole-proprietors is to establish a Solo 401K. Not only does it allow the entrepreneur to avoid a good chunk of state and federal income taxes, but it also serves another purpose - retirement planning. Starting a business tends to consume all of one’s mental resources for the first few years. That's how it was for me. It seems like all my waking time was spent thinking about the business. Who has time for retirement planning? Most of us either forget about it altogether, decide to think about it ‘later’, or just figure we like what we are doing so much we aren’t ever going to retire anyway! (A haphazard planning strategy that ruffles my financial planner's feathers!)

As the name implies, a Solo 401K is designed for one person. As with nearly all government regulations, however, there are exceptions to the rule. If both you and your spouse work for the business, you can have a Solo 401K. If you have formed a partnership where only the partners are working in the business, you may also have a Solo 401K. If you have common-law employees in your business, you cannot use a Solo 401K. (You would need to establish a different retirement plan in which your employees can also participate.)

Solo 401Ks are also surprisingly easy to establish. All the large online brokerages (Vanguard, Fidelity, Schwab, TD Ameritrade, etc.) have fast and simple online applications. They are also easy to maintain administratively compared to 'regular' 401K plans. While a regular 401K plan requires additional tax returns and compliance documents, the Solo 401K only takes filling in a few extra lines of your current tax return each year.

Solo 401K Contributions:

What makes the Solo 401K so powerful as a tax planning tool is the ability to make tax-free contributions to it. There are two categories of contributions to a Solo 401K if you are under 50 and three categories of contributions if you are 50 & over. Let’s take a look at each:

Elective Deferral: This is essentially the same contribution as the one you may have made as an employee. (If you were in the military and participated in the TSP retirement plan, your contributions were officially known as your elective deferrals.) In 2019 you can contribute up to $19,000 into your Solo 401K via elective deferral. The caveat is that you have to earn at least that much from the business in order to make the contribution. In other words, your elective deferrals are limited to the smaller of $19,000 or 100% of your profit/compensation from the business.  

Employer Contribution: If you were an employee you used to call this ‘matching money’. That’s the part you can put into the 401K as an employer. In 2019 that amount is limited to $56,000. Before you get delirious about that number, there are some important limitations to discuss. The first is that for self-employed people you are essentially limited to 20% of your total compensation net of the deduction you take for paying self-employment taxes. (There is a fancy formula and IRS worksheets to determine this limit, but 20% is pretty darn close. See IRS pub 560 is you want to see the formula and worksheets.) You also have to reduce that $56,000 limit by the amount of your elective deferrals. So, the combination of elective deferral and employer contribution into your Solo 401K cannot exceed $56,000. Note: the employer contribution for W-2 employees is 25% of compensation. If you have elected S-Corp tax treatment for your business, you are paid on a W-2, and only your W-2 income counts toward the Solo 401K limit. (The amount reported on your K-1 does not count as compensation for the purposes of calculating your Solo 401K contribution limits.)

Catch-Up Contribution: If you are 50 years old or older, you can also contribute an extra $6,000 to your Solo 401K. When you add that to your combined limit of $56,000 from your elective deferral and employer contribution, you have the potential to shelter up to $62,000 from state and federal taxes in 2019.

Here’s a table showing the types of Solo 401K contributions and the 2019 limit for each:

 Contribution Type

 2019 Limits

 Elective Deferral:

 Lesser of $19,000 or 100% of earned income.

 Employer Contribution:

 Lesser of $56,000* or 25% of salary, or

 20% of compensation if self-employed**.

 Catch-Up Contribution if 50 or over:

 $6,000

 Total of all Contributions Cannot Exceed: 

 Under age 50: $56,000

 Age 50 and Over: $62,000

* Cannot exceed $56,000 when combined with Elective Deferral.

** Compensation does not include S-Corp shareholder payouts from K-1 (W-2 income only from S-Corp).

Examples:

Debbie, age 40, is the sole proprietor of a schedule C business.  She does not have any employees, and in 2019 her income net of the deduction for self-employment taxes is $50,000. Her 2019 Solo 401K contribution limit is $29,000.

She can contribute up to $19,000 as her elective deferral.

She can contribute $10,000 (20% of $50,000) as the employer contribution.

She is under 50 and cannot make the catch-up contribution.



Jerry, age 55, is a sole proprietor who has elected S-Corp treatment. He is the only employee of his S-Corp. In 2019 he pays himself $100,000 on his W-2 and takes another $200,000 as a shareholder distribution on his K-1. His 2019 Solo 401K contribution limit is $50,000.

He can contribute $19,000 as his elective deferral.

He can contribute $25,000 (25% of $100,000) as his employer contribution. (The money from the K-1 does not count toward the employer contribution limit.)

He can contribute an additional $6,000 for the catch-up contribution.

 

Monique, age 28, is an RN by day, but has a side business she works nights and weekends. She files on a schedule C and in 2019 her side business makes $300,000.  She contributes $8,000 to the 401K at her nursing job, and receives a 50% match from her nursing employer for $4,000.

She can contribute up to $48,000 to her Solo 401K

She can contribute $11,000 via elective deferral ($19,000 - $8,000; the elective deferral limit is cumulative no matter how many jobs one has.)

She can contribute up to $37,000 ($56,000 - $19,000) for the employer contribution. (The employer contribution limit is separate for unrelated employers, so the $4,000 match she received from her nursing job does not reduce the amount she can contribute to her Solo 401K.)

That last example was tricky, as I snuck in a couple of concepts without much explanation. While Solo 401ks are much simpler than regular 401Ks, there are still quite a few details. Strategies can also be tricky, as you may want to determine the path giving you the most advantageous tax situation if you need to pay self-employment taxes. I find modeling these scenarios is the best way to ensure you are getting the best tax result consistent with your retirement planning strategy. If you’d like to discuss strategies or run through a few scenarios with Solo 401K planning, give me a call.

 

 

22 December 2018

Virginia Beach Tax Prep House FlippingThere are a multitude of TV shows these days dedicated to real estate flipping. Flipping, if you don’t know, is where you purchase a property, fix it up, and then sell it for a profit. I watch these shows from time to time. I notice they never talk about the tax implications of flipping houses. Probably because I might be the only person watching who would find a tax discussion interesting. That’s unfortunate, because the tax implications of real estate flipping have a significant impact on the flipper’s profitability - and I have found that most beginning flippers do not understand them.

Here’s the biggest tax issue with flipping houses (there are others, but this is the most misunderstood, and causes the most problems for new flippers): When you are in the business of flipping houses, the properties you are flipping are considered inventory. Selling inventory generates income taxed at regular income tax rates - not capital gains.

I think it is easy to understand why some people are not aware of this when they first start flipping houses. All their previous transactions with houses and property were treated as investments that generated capital gains or losses. If you buy a house to live in and then sell it, you can exclude the capital gain from the sale from your income. When you have a rental property for a few years, then sell it, you would have a capital gain or loss. Most beginning flippers have dealt with these scenarios, but have never dealt with a scenario where the house was treated as inventory.

In addition to being taxed as ordinary income, selling inventory also has two other attributes flippers need to know:

  1. The income produced from the sale of inventory is subject to self-employment taxes - Social Security and Medicare. Unlike rents and capital gains - which are not subject to Social Security and Medicare taxes - flipping income is subject to self-employment (SE) taxes. You should count on Uncle Sam taking about 15% of your profits in SE taxes.
  2. You deduct the cost of inventory from your taxes in the year the inventory is sold. That’s so important I’m going to write it twice, and underline it. You deduct the cost of inventory from your taxes in the year the inventory is sold. Let’s look at an example of how that gives some unsuspecting new flippers a horrible shock.

Jimmy finds a sweet flipping deal.  There’s a property available for $100,000. With about $20,000 in basic remodeling Jimmy figures he can sell it for $185,000. He buys the property in July 2018 with the intent to complete the remodel and flip it by October. As often happens, Jimmy runs into time and cost overruns. By February 2019 he has spent $40,000 on repairs and remodeling, and the house is still not ready to put on the market. Being over budget, his cash flow is tight. It’s time to file his 2018 tax return. A big refund would surely be helpful. At least he can deduct all that money he has spent on this flip property, right?

This is where I gently tell Jimmy he cannot deduct the expenses from this flip on his 2018 taxes. His inventory has not sold, so he cannot yet deduct the cost of it.

There is one comparatively big tax benefit to getting inventory tax treatment of your real properties. Unfortunately, you have to lose a lot of money on your deal(s) to use it. Capital losses are limited to $3,000 per year. Capital losses in excess of $3,000 must be carried over to future tax years. But losses on inventory aren’t capital losses. Whatever you lose on the house in the year of the sale can be completely deducted from your taxes in that year.  

You Probably do not Need an S-Corp.

Many flippers read somewhere they can save on taxes by electing taxation as an S-Corp, so they make that election prior to making their first flip.  They’ve nearly always wasted more money than they’ve saved by doing so. Electing S-Corp tax treatment generates additional expenses for your business - payroll, additional tax filings, legal assistance, etc.. Unless your tax savings are more than those additional expenses, you’re wasting money.

The amount of flipping income you need to be earning each year to make having an S-Corp worthwhile varies. Tax pros use rules of thumb based on regional factors. Here in Virginia Beach I tell people they should be grossing no less than $40,000 annually from their flipping business before they elect S-Corp tax treatment. If you’re making less than that every year the additional cost of maintaining the S-Corp outweighs the tax benefits and you are wasting money. (Much of that wasted money would be going into my pocket, so you know I'm telling the truth!)

I Meant to Rent, but then I Flipped - Am I a Flipper Now?

Unexpected events happen to people. (They seem to happen to real estate investors at an alarmingly high rate!) Sometimes you get into a deal thinking you’re going to hold the property for a rental, but you end up selling it right after you fix it up.  You make a bit of money on the deal. Is it taxed like a capital gain or as regular income? When you’re not sure if your activity makes you a flipper or a long-term investor, you should look at something called the Winthrop Factors.

The Internal Revenue Code does not specifically define when someone is a real estate investor (landlord) or when they are a dealer (flipper) in the trade or business of selling real estate. The courts have had to address this issue, and they have developed a set of guidelines known as the Winthrop Factors. These are the things to consider when determining the tax treatment of the activity:

  1. The nature and the purpose of the acquisition of the property and the duration of ownership.
  2. The extent and nature of the taxpayer’s efforts to sell the property.
  3. The number, extent, continuity, and substantiality of the sales.
  4. The extent of subdividing, developing, and advertising to increase sales.
  5. The use of a business office for the sale of a property.
  6. The character and degree of supervision or control exercised by the taxpayer over any representative selling the property.
  7. The time and effort the taxpayer habitually devoted to the sales.

A review of the Winthrop Factors indicates the courts are most interested in the intent of the taxpayer when the property was purchased. Absent any other proof of your intent, the courts are going to look at your prior real estate activities and will likely conclude that the sale in question fit the prior pattern. If you’ve been a landlord, they are likely to assume you intended the property as a rental. If you’ve been a flipper, they are likely to assume you intended to flip this property all along.

There are several ways to be profitable in real estate. Whatever your preferred approach to real estate investing, be clear on the tax implications of buying and holding rental properties vs. flipping. Do not let an unanticipated tax surprise ruin your margins. Educate yourself or hire a tax professional who can help guide you through the process. If you have any questions, please feel free to contact me.

 

 

 

13 October 2018

Video Blog:

Virginia taxes and the TCJAThe Tax Cuts and Jobs Act (TCJA) is the official name for the tax law changes enacted at the end of 2017 and became effective for 2018. Among the many changes within the TCJA there are two in particular that I want to focus on for this article:

  1. The federal standard deduction was significantly increased.
  2. The total amount that can be deducted on Schedule A for state and local taxes (SALT) from your federal taxes is limited to $10,000 per year.

I have been doing some modeling of the impacts of those two changes, and something I discovered is those changes have created situations in which tax payers filing Virginia tax returns have the potential to needlessly pay higher taxes than necessary. I want Virginia taxpayers to be aware of those potential risks so they can avoid them. My problem was figuring out how to communicate some relatively complex tax topics into something that can be understood before it puts the reader into a tax-knowledge-induced coma. My solution was to make a presentation, narrate it, and turn it into a video that can be viewed. Here it is:

 

 

 

While the video specifically addresses Virginia tax issues, taxpayers filing tax returns in other states may face similar potential risks. I have not analyzed the impacts of the new tax laws on other states. Taxpayers filing in other states should consult a tax professional if they have concerns.

If you have some questions after watching the video 3 times, please contact me. If you understood it the first time, let me know that, too, so I know how much effort I need to put into making my videos comprehensible. Thanks!

 

 

30 September 2018

Virginia Beach 529 Tax LoopholeThe Virginia ABLE-Now program allows you to deduct up to $2,000 of contributions per year from your Virginia income taxes. Or you could exploit a simple trick created by the Tax Cuts and Jobs Act to increase the amount you are able to deduct from your Virginia tax return!

I have made no secret over the years of my fondness for the Virginia 529 program. They provide a valuable product at a good price. The investment selections in the College Invest program are top notch index funds with low fees and expenses. On top of that, they manage to be one of the few government agencies I find less than dreadful to work with. It’s actually pretty slick. You can do almost everything online with very few hassles, and I never sign off angry. If only the Virginia 529 team could take over the DMV!

The latest and greatest addition to Virginia 529 is the ABLE-Now account. It isn’t for college savings, but rather a vehicle for persons with disabilities to be able to contribute to their own maintenance and care without jeopardizing their access to public support programs (MEDICAID). It’s a great program for people with disabilities, so if you know someone with a disability and you don’t know about the 529 ABLE program - go find out more! (The ABLE programs are state specific, so if you are not a Virginia resident, find the ABLE program for your state.)

Congress authorized the ABLE accounts under section 529 of the Internal Revenue Code, the same section of the code that authorizes states to implement college savings programs. In a rare moment of clarity, the Commonwealth of Virginia General Assembly determined section 529 linkage was sufficient to have the highly successful Virginia 529 college savings plan folks also take on implementation and management of the Virginia 529 ABLE program. Virginia calls their 529 ABLE program the Virginia 529 ABLE-Now program.

One of the provisions of the Tax Cuts and Jobs Act (TCJA) - the federal tax reform for 2018 - allows taxpayers to roll 529 college savings plan money into 529 ABLE accounts. This opens up some possibilities and opportunities because there are differences between the tax benefits of the Virginia 529 college savings program and the Virginia 529 ABLE-Now program. Let me list the salient ones for this tax tip I am about to share:

  • Contributions (from all sources) to a Virginia 529 ABLE-Now account are limited to $15,000 per year. (A beneficiary can only have one Virginia 529 ABLE Now account.)
  • Virginia taxpayers can deduct contributions to a Virginia 529 ABLE-Now account from their Virginia taxes, limited to $2,000 per account. In other words, if you wanted to fund a Virginia 529 ABLE-Now account, the most you could put into the account in a single year is $15,000, and then you could only deduct $2,000 of it from your Virginia taxes. You can carry the remaining $13,000 over to the next year (and the next year, and the next year...) until you have deducted the entire $15,000 contribution.

However...

  • Virginia taxpayers can deduct contributions to a Virginia 529 college savings plan from their Virginia taxes, limited to $4,000 per account. (There is no limit to the number of accounts a beneficiary can have, but an account owner can only have one account of each type of 529 college savings plan per beneficiary.)

This sets up an opportunity to make contributions to a Virginia 529 college savings plan, take the larger tax deduction for making the contribution, and then rolling the money over to the Virginia 529 ABLE-Now program to be used for a person with disabilities. Let’s look at an example of how this would work.

Helen and Dale have a son, Tim, with a qualifying disability for the Virginia 529 ABLE-Now program. They assist Tim with opening a Virginia 529 ABLE-Now account. They want to contribute $8,000 to it, but they know if they do they will only be able to deduct $2,000 of that contribution from this year’s Virginia tax return. The other $6,000 will be carried over to future years, but they are planning to put $8,000 per year into the account. At that contribution rate they’ll never be able to get the tax deduction for all their contributions. Instead, Helen opens a Virginia 529 College Invest account with Tim as the beneficiary and Dale opens a Virginia 529 College Invest account with Tim as the beneficiary. Helen puts $4,000 into the account she opened and Dale puts $4,000 into the account he opened. They can now deduct all $8,000 from this year’s Virginia taxes. Later they can roll the money from the two Virginia 529 College Invest accounts into Tim’s Virginia 529 ABLE-Now account. Helen and Dale can deduct their entire contribution, and Tim has money he can use for his own support without impacting his ability to access MEDICAID if he needs it.

What Helen and Dale want to watch out for here is this pesky thing called the Step Transaction Doctrine. In the event they were audited (by Virginia), the Commissioner could determine that putting the money in the the Virginia 529 college savings plan was only done to serve the second step of rolling the money over to the Virginia 529 ABLE-Now account - and therefore the entire process materially constitutes a contribution to the Virginia 529 ABLE-Now account, with it’s lower deduction limits.

Such a ruling would be easy to avoid by leaving the money in the Virginia 529 College Invest program for a year or two. The investment choices within the College Invest program are quite good, and you could build a portfolio to mirror the same investments available in the Virginia 529-ABLE-Now account. You’d get the same return for the same risk and eliminate the possibility of losing the deduction to the Step Transaction Doctrine.

Virginia’s income tax rate is essentially 5.75%. By deducting $8,000 vice $2,000 each year from their Virginia taxes Helen and Dale would decrease their Virginia income tax bill by $345. Is that life altering money? Probably not. It is, however, a great guaranteed return on an investment of 20 or 30 minutes of your time to set up the accounts and execute the plan each year.

You'd probably also want to think twice before using the College America verson of the Virginia 529 college savings plan for this maneuver. College America is implemented through financial advisers, so there may be additional fees charged that reduce the value of the tax savings.

If you would like more information or to discuss the tax benefits of the Virginia 529 plans in greater detail, please contact me for a free initial consultation.

 

 

Disclaimer

Information in the Tax Blog is current as of the day it was posted. Tax laws change frequently, and it is likely that as time passes acts of Government will make some of the older blog content out of date.

The information provided is for education purposes only. It is general in nature and may not pertain to the Reader's situation. Every taxpayer's circumstances are unique. Reader's are urged to do some research or talk to a tax professional before acting on any of the information posted in this blog.

Paul D. Allen is a founding member of the Military Financial Advisors Association, as well as a member of the National Association of Enrolled Agents, the National Association of Tax Professionals, the Financial Planning Association of Hampton Roads, the National Association of Personal Financial Advisors (NAPFA), and the XY Planning Network. Paul is the Director of the CFP Board-Registered Program at The Regent University School of Law where he also teaches the Capstone Course in Financial Planning. You can read more about Paul's background here.

 

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Common Acronyms

ACTC - Additional Child Tax Credit

AGI - Adjusted Gross Income

AMT - Alternative Minimum Tax

APTC - Advanced Premium Tax Credit

AOC - American Opportunity Credit

CTC- Child Tax Credit

EIC - Earned Income Credit

HoH - Head of Household

LLC - Lifetime Learning Credit

MFJ - Married Filing Jointly

MFS - Married Filing Separately

MAGI - Modified Adjusted Gross Income

PIM - Plan of Intended Movement

PTC - Premium Tax Credit

QC - Qualifying Child

QHEE - Qualifying Higher Education Expenses

QR - Qualifying Relative

QW - Qualifying Widow(er)

 

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