Blog

Understand the Tax Consequences of a Sale

As the school year draws to a close and the days lengthen, you may be one of the many homeowners who are getting ready to put their home on the market. After all, in many locales, summer is the best time of year to sell a home. But it’s important to think not only about the potential profit (or loss) from a sale, but also about the tax consequences.

Gains

If you’re selling your principal residence, you can exclude up to $250,000 ($500,000 for joint filers) of gain — as long as you meet certain tests. Gain that qualifies for exclusion also is excluded from the 3.8% net investment income tax.

To support an accurate tax basis, be sure to maintain thorough records, including information on your original cost and subsequent improvements, reduced by any casualty losses and depreciation claimed based on business use. Keep in mind that gain that’s allocable to a period of “nonqualified” use generally isn’t excludable.

Losses

A loss on the sale of your principal residence generally isn’t deductible. But if part of your home is rented out or used exclusively for your business, the loss attributable to that portion may be deductible.

Second homes

If you’re selling a second home, be aware that it won’t be eligible for the gain exclusion. But if it qualifies as a rental property, it can be considered a business asset, and you may be able to defer tax on any gains through an installment sale or a Section 1031 exchange. Or you may be able to deduct a loss.

Learn more

If you’re considering putting your home on the market, please contact us to learn more about the potential tax consequences of a sale.

The short answer is: none. You need to hold on to all of your 2015 tax records for now. But this is a great time to take a look at your records for previous tax years and determine what you can purge.

The 3-year rule

At minimum, keep tax records for as long as the IRS has the ability to audit your return or assess additional taxes, which generally is three years after you file your return. This means you likely can shred and toss most records related to tax returns for 2012 and earlier years.

What to keep longer

You’ll need to hang on to certain records beyond the statute of limitations:

• Keep tax returns themselves forever, so you can prove to the IRS that you actually filed. (There’s no statute of limitations for an audit if you didn’t file a return.)
• For W-2 forms, consider holding them until you begin receiving Social Security benefits. Why? In case a question arises regarding your work record or earnings for a particular year.
• For records related to real estate or investments, keep documents as long as you own the asset, plus three years after you sell it and report the sale on your tax return.

Just a starting point

This is only a sampling of retention guidelines for tax-related documents. If you have questions about other documents, please contact us.

Tax Day is right around the corner. Have you filed your federal tax return yet? The filing deadline to submit 2015 individual federal income tax returns is Monday, April 18, 2016, rather than the traditional April 15 date. Washington, D.C., will celebrate Emancipation Day on Friday, April 15, which pushes the deadline to the following Monday for most of the nation. The deadline will be Tuesday, April 19, in Maine and Massachusetts, due to Patriots' Day.

Fortunately, there's still time to take steps to reduce your 2015 federal tax liability. Here are five last-minute ideas for individuals and small businesses.

1. Individuals Can Choose to Deduct State and Local Sales Taxes

Congress recently made permanent the option to claim a federal income tax deduction for general state and local sales taxes as opposed to deducting state and local income taxes. The option is now available for 2015 and beyond. This is good news for individuals who live in states with low or no personal income taxes, as well as for those who owe little or no state taxes.

If you choose the sales tax option, you can use a table provided by the IRS to calculate your sales tax deduction. Your deduction will vary based on your state of residence, income, and personal and dependent exemptions.

If you use the IRS table, you can also add on actual sales tax amounts from major purchases, such as:

• Motor vehicles, including motorcycles, off-road vehicles, and RVs,
• Boats,
• Aircraft, and
• Home improvements.

In other words, you can deduct actual sales taxes for these major purchases on top of the predetermined amount from the IRS table. Alternately, if you saved receipts from your 2015 purchases, you can add up the actual sales tax amounts and deduct the total if that gives you a bigger write-off.

2. Qualified Individuals Can Make Deductible IRA Contributions

If you haven't made the maximum deductible traditional IRA contribution for the 2015 tax year, you can still make a contribution between now and the tax filing deadline and claim the resulting write-off on your 2015 return. The maximum deductible contribution for 2015 was $5,500 per taxpayer — or $6,500 if you or your spouse was age 50 or older as of December 31, 2015.

However, there are a couple of catches. First, you must have enough 2015 earned income from jobs, self-employment or alimony received to equal or exceed your IRA contributions for the 2015 tax year. If you are married, either spouse (or both) can provide the necessary earned income.

Second, deductible IRA contributions are gradually phased out if your income was too high last year. (See "Ground Rules for Deductible Contributions to Traditional IRAs" at right.) Fortunately, the phaseout ranges are much higher than they were a few years ago.

3. Business Owners Can Establish SEPs

If you work for your own small business and haven't yet set up a tax-favored retirement plan for yourself, you can establish a simplified employee pension (SEP). Unlike other types of small business retirement plans, a SEP can be created this year and still generate a deduction on last year's return.

Important note. If you are self-employed and extend the filing deadline for your 2015 Form 1040 until October 17, you'll have until that late date to take care of the paperwork and make a deductible contribution for 2015.

The deductible contribution to a SEP can be up to 20% of your 2015 self-employment income or up to 25% of your 2015 salary if you work for your own corporation. The absolute maximum amount you can contribute for the 2015 tax year is $53,000. If you have the cash on hand to fund a SEP contribution, the tax savings can be substantial.

For example, if you're self-employed and in the 28% federal income tax bracket, a $30,000 SEP contribution could lower your 2015 federal income tax bill by $8,400 (plus any state income tax savings). In many cases, the tax savings could fund a big chunk of your contribution.

Establishing a SEP is simple. Your bank or financial adviser can help you complete the required paperwork. But don't jump the gun if your business has employees. Your SEP will likely have to cover them and make contributions to their accounts, which could be cost prohibitive. Your tax and financial advisers can help you decide whether establishing a SEP is a smart move for your business.

4. Small Business Owners Can Claim Section 179 Deduction for Real Property Expenditures

Section 179 provides a federal income tax break that allows eligible small businesses to deduct the entire cost of qualifying asset purchases (including software) in the year they're placed in service (rather than depreciating them over their useful lives). Real property improvement costs have traditionally been ineligible for the Sec. 179 deduction. But there's an exception for qualified real property improvements placed in service in tax years beginning in 2015.

You can claim a Sec. 179 deduction for real property expenditures of up to $250,000 for:

• Interiors of leased nonresidential buildings,
• Restaurant buildings, and
• Interiors of retail buildings.

The Sec. 179 allowance for real estate had previously expired at the end of 2014, but recent legislation made it permanent for 2015 (and beyond). Additional rules and restrictions may apply, so consult your tax adviser before claiming Sec. 179.

5. Businesses Can Take Advantage of Favorable Provisions in Tangible Property Regulations

In general, IRS regulations require most tangible property costs to be capitalized and depreciated over their useful lives, rather than deducted in the tax year that they're placed in service. But there are a few taxpayer-friendly exceptions, including:

• Small businesses can elect to immediately deduct items costing up to $2,500 that would otherwise have to be capitalized and depreciated over a number of years. The deduction allowance was increased to the current $2,500-per-item amount by IRS Notice 2015-82. Previously, the allowance was only $500. Larger businesses that have an applicable financial statement for the 2015 tax year (generally, those required to file Form 10-K with the SEC and those with audited financial statements) can deduct items costing up to $5,000. The election to take advantage of these deduction allowances can be made with the 2015 return or form for your business.
• Expenditures for incidental materials and supplies can be deducted in the year they're paid or incurred. These expenditures include noninventory items: 1) worth $200 or less, or 2) with useful economic lives of 12 months or less.

Consult with a Tax Pro

These are some of the more common last-minute tax-saving maneuvers that individuals and small business owners can take before Tax Day. As always, your tax professionals can advise you on the optimal tax-saving strategies for your specific situation.

The year is quickly drawing to a close, but there’s still time to take steps to reduce your 2015 tax liability — you just must act by December 31:

1. Pay your 2015 property tax bill that’s due in early 2016.
2. Make your January 1 mortgage payment.
3. Incur deductible medical expenses (if your deductible medical expenses for the year already exceed the applicable floor).
4. Pay tuition for academic periods that will begin in January, February or March of 2016 (if it will make you eligible for a tax credit).
5. Donate to your favorite charities.
6. Sell investments at a loss to offset capital gains you’ve recognized this year.
7. Ask your employer if your bonus can be deferred until January.

Keep in mind, however, that in certain situations these strategies might not make sense. For example, if you’ll be subject to the alternative minimum tax this year or be in a higher tax bracket next year, taking some of these steps could have undesirable results.

If you’re unsure whether these steps are right for you, consult us before taking action.

Many valuable tax breaks expired December 31, 2014. For them to be available for 2015, Congress had to pass legislation extending them — which it now has done, with the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), signed into law by the President on December 18. The PATH Act not only revives expired breaks for 2015 but also makes many breaks permanent, generally extends the rest through either 2016 or 2019, and enhances some breaks.

Here is a sampling of extended breaks that may benefit you or your business:

• The deduction for state and local sales taxes in lieu of state and local income taxes (extended permanently),
• Tax-free IRA distributions to charities (extended permanently),
• Bonus depreciation (extended through 2019, but with reduced benefits for 2018 and 2019),
• Enhanced Section 179 expensing (extended permanently and further enhanced beginning in 2016),
• Accelerated depreciation for qualified leasehold-improvement, restaurant and retail improvement property (extended permanently),
• The research tax credit (extended permanently and enhanced beginning in 2016),
• The Work Opportunity credit (extended through 2019 and enhanced beginning in 2016), and
• Various energy-related tax incentives (extended through 2016).

Please contact us for more information on these and other breaks under the PATH Act. Keep in mind that, for you to take maximum advantage of certain extended breaks on your 2015 tax return, quick action may be required.

While tax consequences should never drive investment decisions, it’s critical that they be considered — especially by higher-income taxpayers, who may be facing the 39.6% short-term capital gains rate, the 20% long-term capital gains rate and the 3.8% net investment income tax (NIIT).

Holding on to an investment until you’ve owned it more than one year so the gains qualify for long-term treatment may help substantially cut tax on any gain. Here are some other tax-saving strategies:

• Use unrealized losses to absorb gains.
• Avoid wash sales.
• See if a loved one qualifies for the 0% rate (or the 15% rate if your rate is 20%).

Many of the strategies that can help you save or defer income tax on your investments can also help you avoid or defer NIIT liability. And because the threshold for the NIIT is based on modified adjusted gross income (MAGI), strategies that reduce your MAGI — such as making retirement plan contributions — can also help you avoid or reduce NIIT liability.

These are only a few of the year-end strategies that may help you reduce taxes on your investments. For more ideas, contact us.

Now may be a great time to refinance, because mortgage rates are still low but expected to increase. Before deciding to refinance, however, here are a couple of tax consequences to consider:

1. Cash-out refinancing. If you borrow more than you need to cover your outstanding mortgage balance, the tax treatment of the cash-out portion depends on how you use the excess cash. If you use it for home improvements, it’s considered acquisition indebtedness, and the interest is deductible subject to a $1 million debt limit. If you use it for another purpose, such as buying a car or paying college tuition, it’s considered home equity debt, and deductible interest is subject to a $100,000 debt limit.

2. Prepaying interest. “Points” paid when refinancing generally are amortized and deducted ratably over the life of the loan, rather than being immediately deductible. If you’re already amortizing points from a previous refinancing and you refinance with a new lender, you can deduct the unamortized balance in the year you refinance. But if you refinance with the same lender, you must add the unamortized points from the old loan to any points you pay on the new loan and then deduct the total over the life of the new loan.

Is your head spinning? Don’t worry; we can help you understand exactly what the tax consequences of refinancing will be for you. Contact us today!

Starting in 2016, applicable large employers (ALEs) under the Affordable Care Act (ACA) will have to file Forms 1094-C and 1095-C to provide information to the IRS and plan participants regarding their health care benefits for the previous year. Both the forms and their instructions are now available for ALEs to study and begin preparations for required filings. In addition, organizations that expect to file Forms 1094 and 1095 electronically can peruse two final IRS publications setting out specifications for using the new ACA Information Returns system.

Keep in mind that ALEs are employers with 50 or more full-time employees or the equivalent. And even ALEs exempt from the ACA’s shared-responsibility (or “play or pay”) provision for 2015 (that is, ALEs with 50 to 99 full-timers or the equivalent who meet certain eligibility requirements) are still subject to the information reporting requirements in relation to their 2015 health care benefits.

If your company is considered an ALE, please contact us for assistance in navigating the ACA’s complex requirements for avoiding penalties and properly reporting benefits. If you’re not an ALE, we can still help you understand how the ACA affects your small business and determine whether you qualify for a tax credit for providing coverage.

Make Tax Planning a Priority...

Tax season is over and one of the biggest American celebrations—the Fourth of July—has come and gone too. Maybe you’re looking forward to a little downtime this summer, so perhaps working on your financial plan has slipped to the bottom of your to-do list. It’s understandable, but putting your finances on cruise control at mid-year is not an ideal strategy. Here are four reasons why you should put a mid-year financial review at the top of your priority list…

1. Looking at your finances mid-year means you still have time to meet your goals

Mid-year is an ideal time to do a financial review because a) you’re not under the gun trying to get your taxes done and b) there are some important planning opportunities that you can benefit from now that won’t be available if you wait until the end of the year. For example:

• Are there any life-changing events occurring soon such as marriage, the birth of a child, retirement, or a career change?
• Will your income or expenses substantially increase or decrease this year?
• Are you on track with your savings goals?
• Are you comfortable with the amount of debt that you have?
• How is your investment portfolio doing?

These are all areas to review at mid-year to ensure you can reach your goals and not end up with costly surprises once it is too late to take corrective action.

2. You may be able to reduce your taxes now—and pay less next April

Sure, you may have digitally filed your tax return away for the year, but taxes are not meant to be a once-a-year task. Having an ongoing tax plan is the best way to reduce your tax burden—and relieve the pain of tax season.

Your tax professional can help you do a mid-year estimate of your tax liability, which may reveal tax planning opportunities. Using last year’s tax return as a basis, you can make adjustments to your income and deductions that will pay off next tax season. In addition, you can check to make sure that you are withholding the correct amount of tax on your income—especially if you owed a lot of money or received a big refund this past April.

3. You’ll really be ready for retirement

Do you look at your investment account statements when you receive them, or do you put them in a drawer unopened? Are you in a set-it-and-forget-it investment mindset? If either of these scenarios sound familiar to you, then make this summer the time to take a good look at how your investments are doing and make any necessary adjustments to your investment strategy.

If you are an active investor and you received a pay increase this year, consider increasing your retirement plan contributions by asking your employer to set aside a higher percentage of your salary. In 2015, you can usually contribute up to $18,000 to your workplace retirement plan ($24,000 if you’re age 50 or older).

Already retired? Then a mid-year review is equally important for you to ensure you have the income you need and that your current investments and distribution strategy are ideal for your situation.

4. Enjoy the summer with financial peace of mind

One of the most important things that a mid-year financial review can do for you is provide peace of mind. By taking a little bit of proactive action now and working with our team to make sure you are on track with your financial goals, you’ll be able to really relax and enjoy all the summer season has to offer—knowing that you’ll be in great shape when year-end and next tax season come around again.

Here's What You Need to Know to Help...

Mortgage interest rates are still at historically low levels, but they’re expected to go up by year end. So if you’ve been thinking about helping your child — or grandchild — buy a home, consider acting soon. There also are some favorable tax factors that will help:

0% capital gains rate. If the child is in the 10% or 15% tax bracket, instead of giving cash to help fund a down payment, consider giving long-term appreciated assets such as stock or mutual fund shares. The child can sell the assets without incurring any federal income taxes on the gain, and you can save the taxes you’d owe if you sold the assets yourself. As long as the assets are worth $14,000 or less (when combined with any other 2015 gifts to the child), there will be no federal gift tax consequences — thanks to the annual gift tax exclusion.

Low federal interest rates. Another tax-friendly option is lending funds to the child. Now is a good time for taking this step, too. Currently, Applicable Federal Rates — the rates that can be charged on intrafamily loans without causing unwanted tax consequences — are very low by historical standards. But these rates are also expected to increase by year end.

If you have questions about these or other tax-efficient ways to help your child or grandchild buy a home, please contact us.