Category: Blog

That is an important question because the actual money you have to spend when you retire depends upon the after-tax sources of your retirement income. Thus it is important to understand how the various retirement vehicles are taxed. There is significant diversity in taxation since a retiree must consider both Federal and state taxes on retirement income. Of all the states one might consider retiring to, there are eight that have no state income tax. These are Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington, and Wyoming. However, to make up for no revenue from individual income taxes these states may be funded by other types of taxes, such as property taxes, sales taxes, or excise taxes.

Social Security Benefits – Social Security is probably the leading source of retirement for most retirees, and determining the federal taxation can be somewhat complicated the IRS provides a worksheet. Without using the worksheet we know that no more the 85% of Social Security benefits are subject to federal taxation and in many lower-income situations, none of the Social Security benefits are taxable. The actual calculation involves adding your other income to half of your annual Social Security benefit. If the amount is less than $32,000 for married tax filers or less than $25,000 for single filers in 2022, you will avoid federal taxes on your benefits. However, those filing Married Separate will find that 85% of their Social Security benefits are always taxable.

State Tax – Besides the states that have no state tax, there are 30 that do not tax Social Security benefits, The balance, VT, CT, RI, WV, MO, MN, ND, NE, KS, CO, UT, NM, and MT, tax Social Security benefits based on factors such as age and income or a modified amount. See the Tax Foundation Map.

Roth IRA Retirement Account – Roth IRA contributions are limited to the lesser of earned income or the annual limit which is $6,000 ($7,000 if age 50 or over). With a Roth IRA, a taxpayer gets no tax deduction when contributions are made. However, what the taxpayer gets is tax-free accumulation, and after age 59-½, all distributions are tax-free, including the account earnings, provided the 5-year holding period has been met. Since the earnings are also tax-free once the age and holding period requirements are satisfied, the sooner an individual begins making contributions, the greater the benefits at retirement. However, contributions to Roth IRA are restricted for higher-income taxpayers.

Traditional IRA Retirement Account – Like Roth IRA contributions, traditional IRA contributions are limited to the lesser of earned income or the annual limit which is $6,000 ($7,000 if age 50 or over). Unlike Roth IRAs, generally, contributions are deductible in the year of the contribution. Thus future distributions are fully taxable including the earnings. Where an individual also has a qualified retirement plan, the deductibility is phased out for those with higher incomes. However, they can still make non-deductible contributions, in which case a prorated amount of the distributions will be non-taxable. In addition, individuals can elect to make non-deductible contributions which may be appropriate when an individual intends to subsequently convert the traditional IRA to a Roth IRA as discussed next.

Spousal IRA – Generally, IRA contributions are only allowed for taxpayers who have compensation (the term “compensation” includes wages, tips, bonuses, professional fees, commissions, taxable alimony received, and net income from self-employment). Spousal IRAs are the exception to that rule and allow a non-working or low-earning spouse to contribute to his or her own IRA, otherwise known as a spousal IRA if their spouse has adequate compensation. The maximum amount that a non-working or low-earning spouse can contribute is the same as the limit for a working spouse.


Example: Tony is employed, and his W-2 is $100,000. His wife, Rosa, age 45, has a small income from a part-time job totaling $900. Since her own compensation is less than the contribution limit for the year, she can base her contribution on their combined compensation of $100,900. Thus, Rosa can contribute up to $6,000 to an IRA.


Back-Door Roth IRA – Where a high-income individual would like to contribute to a Roth IRA but cannot because of the high-income limitations, there is a workaround, commonly referred to as a back-door Roth IRA, that will allow funding of a Roth IRA for some individuals. Here is how a back-door Roth IRA works:

  1. First, an individual contributes to a traditional IRA. For higher-income taxpayers who participate in an employer-sponsored retirement plan, a traditional IRA is allowed but is not deductible. Even if all or some portion is deductible, the contribution can be designated as not deductible. 
  2. Then, since the law allows an individual to convert a traditional IRA to a Roth IRA without any income limitations, the individual can convert the non-deductible Traditional IRA to a Roth IRA. Since the Traditional IRA was non-deductible, the only tax related to the conversion would be on any appreciation in the value of the Traditional IRA before the conversion is completed.

Potential Pitfall – There is a potential pitfall to the back-door Roth IRA that is often overlooked by investment counselors and taxpayers alike that could result in an unexpected taxable event upon conversion. For distribution or conversion purposes, all IRAs (except Roth IRAs) are considered as one account and any distribution or converted amounts are deemed taken ratably from the deductible and non-deductible portions of the traditional IRA, and the portion that comes from the deductible contributions would be taxable.

This may or not may affect the decision to use the back-door Roth IRA method but does need to be considered prior to making the conversion.

Saver’s Credit – Low- and moderate-income workers can take advantage of a special tax credit that helps them save for retirement and earn a special tax credit. This credit helps offset part of the first $2,000 workers voluntarily contribute to traditional or Roth Individual Retirement Arrangements (IRAs), SIMPLE-IRAs, SEPs, 401(k) plans, 403(b) plans for employees of public schools and certain tax-exempt organizations, 457 plans for state or local government employees, and the Thrift Savings Plan for federal employees.

Employer Pensions – Generally, since employer pension plans are fully funded by the employer, pension payments will be fully taxable.

Employee Funded Retirement Plans – These include plans such as 401(k) plans, 403(b) plans, self-employed plans, and SEP IRAs. Since these plans are funded with pre-tax dollars the individual receives a current tax deduction (income deferral); thus, the income and accumulated earnings will be taxable when withdrawn for retirement, after reaching age 59½ or later.

Health Savings Accounts (HSA) – Although the tax code refers to these plans as “health” savings accounts, an HSA can act as more than just a vehicle to pay medical expenses; it can also serve as a retirement account. For some taxpayers who have maxed out their retirement plan options, an HSA provides another resource for retirement savings—one that isn’t limited by income restrictions in the way that IRA contributions are.

Since there is no requirement that the funds be used to pay medical expenses, a taxpayer can pay medical expenses with other funds, allowing the HSA to grow (through account earnings and further tax-deductible contributions) until retirement. In addition, should the need arise, the taxpayer can still take tax-free distributions from the HSA to pay medical expenses. Unlike traditional IRAs, no minimum distributions are required from HSAs at any specific age.

Withdrawals from an HSA that aren’t used for medical expenses are taxable and subject to a 20% penalty, with one exception: an individual age 65 or older will pay income tax on non-medical related distributions from their HSA but won’t owe a penalty for using the funds for other than medical expenses.

Example: Henry, age 70, has an HSA account from which he withdraws $10,000 during the year. He also has unreimbursed medical expenses of $4,000. Of his $10,000 withdrawal, $6,000 ($10,000 – $4,000) is added to Henry’s income for the year, and the other $4,000 is both tax- and penalty-free. If Henry had been 64 years old or younger, he’d be taxed on the $6,000 and pay a penalty of $1,200 (20% of $6,000).


Brokerage Accounts – Some individuals invest in stocks and mutual funds for their future retirement. These investments, if held for more than a year, will produce long-term gains or losses. Long-term gains are taxed at zero, 15%, or 20% depending on the individual’s total income for the year. However, investments held for less than a year will be taxed as ordinary income (taxed at the individual’s regular tax rate, which could be as high as 37%). In addition, a surtax may apply to the individual’s investment income. It is 3.8% of the lesser of the taxpayer’s net investment income or the excess of their modified adjusted gross income over $250,000 for a joint return or surviving spouse, $125,000 for a married individual filing a separate return, and $200,000 for all others.

Bond Investments – Those who are approaching retirement or have already retired may wish to switch their retirement investments into less uncertain investments since they may not have the longevity to stay the course for recovery. Bonds provide a safer alternative. Generally, income from municipal bonds is exempt from taxation for federal purposes. In addition, interest earned from municipal bonds issued by an individual’s home state is also exempt from state income taxes.

Home Equity – Provided a retiree has not used up their home equity, that equity can provide a source of retirement income by selling the home and taking advantage of the home gain exclusion of $500,000 for married couples ($250,000 for others). They can do this by downsizing or selling and renting. To qualify for the exclusion the individual must have owned and lived in the home for at least two out of the last five years before the sale. For married taxpayers filing jointly, both spouses must have used the home as their main residence for two of the five years before the sale, while only one spouse needs to be the owner for two of the five years.

Reverse Mortgage – As an alternative to selling the home, homeowners aged 62 and older can stay in their home while converting the home equity via a reverse mortgage. With a reverse mortgage, the lender pays the homeowner rather than the homeowner making payments. In addition, since the payments constitute home equity they are not taxable.

Whole Life Insurance Cash Value – Cash value accumulated in an insurance policy can also provide a source of income during retirement. The income will be tax-free up to the amount that was paid into the policy.

For some individuals, there may be other available sources of retirement income. Please call our office for assistance in your retirement planning.

On July 27, the legislative text of the Inflation Reduction Act (IRA) was made public. The enormous bill—clocking in at 725 pages—contains a wide range of provisions and comes with an $800 billion price tag. “The bill is fighting inflation and has a whole lot of collateral benefits as well,” said former Treasury Secretary Larry Summers, who reportedly helped craft the legislation.

According to a recent article from Vox, there are three big questions when it comes to the passage of the IRA:

  1. Will Arizona senator Kyrsten Sinema support the IRA?
  2. Will Democratic House moderates support the IRA?
  3. Will a vote on the IRA occur prior to the Senate’s annual summer recess, which is scheduled to begin on August 8?

While there are many hurdles to summit before the bill becomes law, it is important to remain aware of what is potentially in the works. Read on for an overview of the key items contained in the new act.

Provisions for Funding the IRA

In order to cover the $800 billion price tag of the IRA, authors of the legislation included a variety of savings- and revenue-related provisions. Here is a breakdown of how the IRA will be funded:

  1. Savings in the Healthcare Arena – $320 Billion
    1. Repeal of a Trump-era drug rebate rule ($120 Billion)
    2. An inflation cap on drug prices ($100 Billion)
    3. An allowance for Medicare to negotiate certain drug prices ($100 Billion)
  2. New Revenue – $470 Billions
    1. A new 15% corporate minimum tax ($315 Billion)
    2. Increased revenue as a result of IRS tax enforcement funding ($125 Billion)
    3. Closure of the carried interest loophole ($15 Billion)
    4. Methane and Superfund fees ($15 billion)

How IRA Funds Will be Spent

So how will the $800 billion raised via savings and new revenue be spent? Here is a brief overview of initiatives included in the IRA:

  1. Climate & Energy Spending – $385 Billion
    1. Creation of new clean manufacturing tax credits ($40 Billion)
    2. Establishment of additional clean electricity grants and loans ($30 Billion)
    3. Creation of a new “Clean Energy Technology Accelerator” ($30 Billion)
    4. Incentivization of clean agriculture ($30 Billion)
    5. Incentivization of clean electronic vehicle manufacturing ($20 Billion)
    6. Additional energy and climate provisions ($235 Billion)
  2. Healthcare Spending – $99 Billion
    1. A three-year extension of Obamacare subsidies for health care insurance costs ($64 Billion)
    2. A redesign of Medicare Part D and additional health care provisions ($35 Billion)
  3. IRS Funding – $80 Billion
    1. Funding for increased IRS enforcement
  4. Other Spending – $305 Billion
    1. Reducing the Federal deficit

Conclusion

As with any legislation in progress, pretty much everything about the IRA remains up in the air until it is enacted by the President. Please be assured that your Bowman & Company, LLP accounting advisors are keeping a close watch on the progress of the IRA and will keep you apprised of any major developments. 

Sources

  1. https://www.washingtonpost.com/us-policy/2022/07/28/manchin-schumer-climate-deal/
  2. https://finance.yahoo.com/news/inflation-reduction-act-how-a-new-bill-would-lower-costs-for-americans-200724803.html
  3. https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/07/28/remarks-by-president-biden-on-the-inflation-reduction-act-of-2022/
  4. https://www.vox.com/policy-and-politics/23282983/inflation-reduction-act-kyrsten-sinema-josh-gottheimer

This article explains the precautions to take when getting a divorce, and several tax concerns that need to be addressed to ensure that taxes are kept to a minimum and important tax-related decisions are properly made. Five issues to consider in the process of divorce include alimony or support payments, child support, personal residence, pension benefits, and business interests. Each spouse could save thousands on their home, up to $500,000 of avoidable tax, if they owned and used the residence as their principal residence for two of the previous five years. Another issue to consider if getting a divorce is deciding how to file your tax return. For more information on divorce accounting, click the link!

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At the beginning of July, California Governor Newsom enacted three tax-related bills aimed at providing relief to Californians. Read on for details of the new legislation.

Relief for Middle Class Californians

Per AB 192 (Ch. 22-51), qualified California taxpayers can look forward to a one-time payment of up to $1050. In order to qualify, for the Middle Class Tax Refund, taxpayers must meet the following criteria, as enumerated on the State of California’s Franchise Tax Board (FTB) website:

  • Must have filed your 2020 tax return by October 15, 2021
  • Must meet the California adjusted gross income requirements (see the FTB website for further details)
  • Must have been a California resident for at least six months of the 2020 tax year
  • Must not have been eligible to be claimed as a dependent in the 2020 tax year
  • Must be a California resident on the date the payment is issued

Payments are expected to begin going out by the end of October 2022; all payments are expected to be completed by the middle of the following January.

Relief for the Cannabis Industry

AB 195 (CH. 22-56) is a two-part relief bill aimed at the California cannabis industry. The legislation both suspends the cannabis cultivation tax and changes the collection method for the cannabis excise tax (shifting from it being collected from the distributor to it being collected at the point of sale).

Miscellaneous Relief Provisions

AB 194 (Ch. 22-52) includes a range of provisions. Key items include:

  • An extension of California provisions regarding the treatment of Paycheck Protection Program (PPP) loan forgiveness
  • A penalty abatement program for individual taxpayers who file late for the first time (applies to tax years beginning on or after January 1, 2022)
  • A partial exemption from the sales and use tax for diesel fuel (applies for a 366-day period, beginning October 1, 2022)
  • An allowance for taxpayers to claim the 2020 and 2021 Main Street Small Business Tax Credit on amended tax returns
  • A five-year extension of the California Competes Tax Credit (now extends through the 2027-2028 fiscal year)

If you have any questions about these new pieces of legislation and how they might impact you, please do not hesitate to reach out to your Bowman & Company, LLP professional.

The Internal Revenue Services (IRS) recently released an increase in the optional standard mileage rates for the final six months of 2022. These rates are used to calculate the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The term “automobile” includes any car, van, pickup, or panel truck. As of July 1, 2022, the standard mileage rates are as follows:

For business use of an automobile, the updated 2022 rate is 62.5 cents per mile (up 4 cents from the rate effective at the start of the year).

Please note that since the Tax Cuts and Jobs Act (TCJA) suspended the miscellaneous itemized deduction for unreimbursed employee business expenses from 2018 to 2025, the standard mileage rate cannot currently be used to claim a deduction for those expenses. The TCJA did, however, include an exception for members of the U.S. armed forces reserves, state or local government officials who are paid on a fee basis, and some performing artists.

Driving for medical or moving purposes may be deducted at 22 cents per mile (up 4 cents from the rate effective at the start of the year). Currently, this rate is only available for active-duty members of the military.

The rate for service to a charitable organization is unchanged, set by statute at 14 cents per mile.

Please feel free to contact us with any questions you might have about mileage rates.

New regulations regarding financial reporting for American businesses operating both domestically and overseas will soon go into effect.

In 2021, Congress passed the Corporate Transparency Act (CTA), which is a piece of legislation aimed at monitoring potential money laundering and other illicit activities. Businesses subject to the CTA will be required to provide information to the Financial Crimes Enforcement Network (FinCEN), an arm of the Department of the Treasury. The CTA requires the filing of a “beneficial owner report,” which furnishes key information about each beneficial owner of the business: full legal name, date of birth, residential street address, and identifying numbers from legal documents (e.g., driver’s license or passport). Failure to furnish the information required by the CTA can result in hefty penalties and even imprisonment.

Recently, FinCEN issued proposed regulations that include the following details:

  1. The CTA will go into effect upon finalization of the FinCEN regulations, which is expected to occur sometime in 2022.
  2. The CTA reporting requirements will apply to the majority of small businesses, including corporations, limited liability companies (LLCs), limited partnerships, limited liability partnerships, limited liability limited partnerships, and business trusts. Sole proprietorships and general partnerships are not subject to the CTA, and companies with more than 20 full-time employees and $5 million in gross receipts are also exempt.
  3. A “beneficial owner” is someone who own 25% or more of the company and who exercises substantial control over the company, either directly or indirectly.

Our accounting advisors are working diligently to remain up to date on new developments regarding the CTA and FinCEN reporting requirements. You can be confident that we will keep you apprised of the situation. Please do not hesitate to reach out with any questions or concerns.

A qualified passthrough entity and its owners must make an annual election each year to pay California’s passthrough entity elective tax and receive the tax benefits that the elective tax provides. To preserve the right to make the election for the 2022 taxable year, the passthrough entity must make a prepayment of the tax by June 15, 2022. An entity that fails to make the required June 15, 2022, prepayment is prohibited from making the election for the 2022 taxable year.

For a quick refresher: California’s passthrough entity elective tax statute allows qualified S corporations, partnerships, or LLCs to pay tax on their individual, trust, estate, and certain single member LLC owners’ share of the entity’s qualified net income at the entity level. It also allows these owners to claim a credit for the tax paid on their California personal income tax return.

Having the entity pay the tax may reduce your federal taxable income by the amount of tax paid, and you may also qualify to claim a 100% California credit equal to the amount of the entity tax paid on your share of the entity’s income.

The amount of the June 15 prepayment is the greater of:

  • 50% of the passthrough entity elective tax paid for the prior tax year; or
  • $1,000 (if you did not make the election for 2021 and will not do so on an extended return, then only $1,000 has to be paid by June 15, 2022, if you want to make the election for 2022).

The 50% figure is nonnegotiable, even if we know the entity’s income for 2022 will be less than it was for 2021. There is also no reasonable cause exception for not meeting the 50% threshold. This is true even if your 2021 entity tax return is still on extension.

Because of this all-or-nothing rule, for returns still on extension we are advising clients to add a “cushion” to what we estimated the 2021 tax liability to be so you do not lose the right to make the election for 2022.

Entities make the payment by:

With the prepayment deadline fast approaching, it is critical to discuss whether making the election for 2022 is the right move for you and your passthrough entity this year. Please reach out to your Bowman & Company, LLP tax professional, so we can set up an appointment to evaluate your situation.

On February 9th, Governor Newsom enacted two major pieces of new legislation. Senate Bill 113 delivers $6.1 billion of relief funds to small businesses suffering from the pandemic. Senate Bill 114 address COVID-19 paid sick leave.

The significance of the passthrough entity tax credit is a substantial one for small business owners, as it effectively permits many business owners to deduct the state income tax on their business income above the $10,000 state tax deduction threshold that has been applied for the past few years.

Senate Bill 113

This legislation provides aid to small businesses in the form of tax credits, specifically by expanding passthrough entity elective tax benefits. The majority of the items in the bill apply to the 2021 tax year. SB 113 makes the following changes:

  • Repeals the tentative minimum tax limitation on the Passthrough Entity Elective Tax Credit (PEET)
  • Allows single member LLCs (SMLLCs) that are passthrough entity owners to claim the PEET
  • Rescinds the NOL suspension for higher income taxpayers for the 2022 taxable year
  • Revokes the $5 million business credit limitation for the 2022 taxable year

In addition to the key items above, SB 113 allows partnerships, S corporations, and LLCs with owners that are partnerships make the PEET election and changes PEET credit ordering rules to increase the benefit for taxpayers that claim the Other State Tax Credit. The bill is in full conformance with the federal exclusions of Restaurant Revitalization grants (retroactive to the 2020 tax year) and is in partial conformance to the federal exclusion of Shuttered Venue Operator Grants (retroactive to the 2019 tax year).

Senate Bill 114

This bill impacts employers with more than 25 employees. It requires that they provide up to 80 hours—that is two standard working weeks—of COVID-19-related supplemental paid sick and family leave. The legislation is retroactive to January 1, 2022, and extends through September of 2022. SB 114 does not include any provisions regarding tax benefits or credits for employers who provide this supplemental paid leave.

If you have any questions or concerns regarding these new pieces of legislation, please do not hesitate to reach out to your Bowman & Company, LLP tax professional.