Tag Richard Beutelschies

Tax Planning Tip: Timing Income & Deductions to Your Advantage

by Richard Beutelschies, CPA, Tax Partner, TR Moore & Company, A Doeren Mayhew Firm

Projecting your business’s income for this year and next will allow you to time income and deductions to your advantage. It’s generally better to defer tax. So if you expect to be in the same or a lower tax bracket next year, consider:

  1. Deferring income to next year. If your business uses the cash method of accounting, you can defer billing for your products or services. Or, if you use the accrual method, you can delay shipping products or delivering services.
  2. Accelerating deductions into the current year. If you’re a cash-basis taxpayer, you may want to make an estimated state tax payment before Dec. 31, so you can deduct it this year rather than next. But consider the alternative minimum tax (AMT) consequences first. Both cash- and accrual-basis taxpayers can charge expenses on a credit card and deduct them in the year charged, regardless of when paid.

Warning: Think twice about these strategies if you’re experiencing a low-income year. Their negative impact on your cash flow may not be worth the potential tax benefit (read more about this scenario). And, if it’s likely you’ll be in a higher tax bracket next year, the opposite strategies (accelerating income and deferring deductions) may save you more tax.

Download our 2011-2012 Tax Planning Guide for more savings strategies.

As Tax Partner, Richard Beutelschies leverages more than 30 years experience to lead tax services at the Houston location of top 100 U.S. firm Doeren Mayhew, assisting business owners in areas such as compliance, tax savings planning, estate planning and corporate tax structuring. For more information, contact us.

It’s Tax Planning Time: Depreciation Strategies

by Richard Beutelschies, CPA, Tax Partner, TR Moore & Company, A Doeren Mayhew Firm

Careful planning during the year can help you maximize depreciation deductions in the year of purchase, and it’s especially important to consider purchases that could be made before year-end.

 For business assets with a useful life of more than one year, you generally must depreciate the cost over a period of years. In most cases, the Modified Accelerated Cost Recovery System (MACRS) will be preferable to the straightline method because you’ll get a larger deduction in the early years of an asset’s life. But if you make more than 40 percent of the year’s asset purchases in the last quarter, you could be subject to the typically less favorable mid-quarter convention.

Consider these depreciation-related breaks, and download our 2011-2012 Tax Planning Guide for more savings strategies:

100 percent bonus depreciation. The 2010 Tax Relief Act significantly enhances bonus depreciation by temporarily increasing this additional first-year depreciation allowance to 100 percent and providing a 50 percent allowance for 2012. Qualified assets include new tangible property with a recovery period of 20 years or less (such as office furniture, equipment and company-owned vehicles), off-the-shelf computer software, water utility property and qualified leasehold-improvement property.

The act also extends the provision allowing corporations to accelerate certain credits in lieu of claiming bonus depreciation for qualified assets acquired and placed in service through Dec. 31, 2012 (Dec. 31, 2013, for certain long-lived and transportation property).

Bonus depreciation will benefit more taxpayers than Section 179 expensing (see next bullet), because it isn’t subject to any asset purchase limits. However, unlike Sec. 179 expensing, bonus depreciation isn’t available for used property. If you’re anticipating major purchases of assets in the next year or two that would qualify, you may want to time them so you can benefit from 100 percent bonus depreciation.

Section 179 expensing election. Business owners can use this election to deduct (rather than depreciate over a number of years) the cost of purchasing such assets as equipment, furniture and off-the-shelf computer software. For 2011, the expensing limit is $500,000, and up to $250,000 of that amount can be for qualified leasehold-improvement, restaurant and retail-improvement property. (Heating and air conditioning units aren’t eligible for the $250,000 amount.)

The break begins to phase out dollar for dollar when total asset acquisitions for the tax year exceed $2 million. You can claim the election only to offset net income, not to reduce it below zero.Sec. 179 may be less important while 100 percent bonus depreciation is available.  Depending on the type of asset, 100 percent bonus depreciation may provide the same tax savings — without any net income requirement or limit on asset purchases. But only Sec. 179 expensing can be applied to used assets, and you’ll also want to consider state tax consequences.

Accelerated depreciation. This allows a shortened recovery period of 15 years — rather than 39 years — for qualified leasehold-improvement, restaurant and retail-improvement property, but, as of this writing, only through 2011. If you’re considering making such investments, you may want to do so this year to ensure you can take advantage of this break. But you’ll also need to consider how this fits in with bonus depreciation and Sec. 179 expensing opportunities, which will provide a greater benefit if the property is eligible.

Cost segregation study. If you’ve recently purchased or built a building or are remodeling existing space, consider a cost segregation study. It identifies property components and related costs that can be depreciated much faster, dramatically increasing your current deductions. Typical assets that qualify include decorative fixtures, security equipment, parking lots, landscaping and architectural fees allocated to qualifying property.

The benefit of a cost segregation study may be limited in certain circumstances —for example, if the business is subject to the AMT or is located in a state that doesn’t follow federal depreciation rules.

Download our 2011-2012 Tax Planning Guide for more savings strategies.

As Tax Partner, Richard Beutelschies leverages more than 30 years experience to lead tax services at the Houston location of top 100 U.S. firm Doeren Mayhew, assisting business owners in areas such as compliance, tax savings planning, estate planning and corporate tax structuring. For more information, contact us.

Avoiding International Tax Issues: Withholding, Credits & Indirect Taxes

by Richard Beutelschies, CPA, Tax Partner, TR Moore & Company, A Doeren Mayhew Firm

Careful tax planning can help you set up your international business in a manner that minimizes worldwide taxes and maximizes cash flow. Among the issues that should be considered are tax withholding, tax credits and indirect taxes.

Income Tax Withholding & Credits

It’s critical to understand a foreign country’s income tax laws, regulations and procedures, and particularly important to consider withholding taxes. If your company doesn’t have a physical presence in a country, that country may impose significant withholding taxes on gross income.

Many countries have treaties with the United States that provide for low or no withholding taxes on cross-border payments, but there may be exceptions. For example, some countries may not extend international treaty rights to certain types of entities, such as limited liability companies (LLCs).

The availability of foreign tax credits is crucial to avoiding taxation of income by both the foreign country and the United States. Withholding taxes paid to another country generally entitle your company to a dollar-for-dollar direct credit against U.S. tax liability.

But if you operate through a foreign subsidiary, it’s a bit more complicated. The subsidiary pays corporate-level taxes on foreign income, which becomes taxable in the United States when it’s distributed to the parent. The parent can claim an indirect tax credit for foreign taxes paid, subject to certain ownership requirements and limitations on the amount of the credit for certain types of income.

Indirect Taxes

Don’t overlook indirect taxes, such as customs duties and value-added tax (VAT). Duties vary substantially from country to country and even from product to product. And there may be opportunities to minimize duties by categorizing products in a certain way or by unbundling products and reassembling the components after they’re imported.

A VAT is similar to sales tax, except it’s imposed on the amount of value added at each level of the production process. Generally, the seller is responsible for collecting and remitting the tax, offset by any VAT the seller has paid to others.

More than 140 countries have VATs, and the rules vary dramatically from country to country. VAT rates generally fall between 15 percent and 25 percent. In some countries, VAT registration is required even if you don’t have a physical presence there. Where registration isn’t required, voluntary registration may provide advantages, including quicker refunds of excess tax payments.

If goods will be stored in inventory for an extended period of time, consider using a bonded warehouse to defer customs duties and VAT.

As Tax Partner, Richard Beutelschies leverages more than 30 years experience in foreign and domestic tax to lead international services at TR Moore & Company, the Houston location of top 100 CPA and consulting firm Doeren Mayhew. For more information, contact us.

IRS Targeting Real Estate Gift Reporting – Have You Filed Your Form 709?

by Richard Beutelschies, CPA, Tax Partner, TR Moore & Company, A Doeren Mayhew Firm

As more taxpayers take advantage of favorable rates and exemptions on gifts for 2011 and 2012 as a result of the Tax Relief Act of 2010, the IRS is cracking down on those who fail to report real estate gifts.

Signed into law in December 2010, the act increased the exemption amount on gifts from $1 million to $5 million, and reduced the rate from 55 percent to 35 percent. What the act did not change is that taxpayers are required to file form 709 to report any gift exceeding $13,000, and face penalties for not reporting or undervaluing gifts.

Not since 1931 has the estate tax rate fallen below 45 percent, making it a popular time for gifting. And the IRS has taken note, launching an initiative to identify taxpayers making real estate gifts. Since launch of the initiative, reporting noncompliance has proven high, with rates ranging from 60 percent to 100 percent noncompliance across various states, according to The Wall Street Journal.

The IRS has been quiet about the initiative, but a recent California federal court decision made it public, reports tax attorney Shawn O’Brien of Jackson Walker in the firm’s Tax e-Alert newsletter. The decision, O’Brien says, refused to force the California taxing authority to release its land-transfer records to the IRS. Texas is among 16 states that have released land-transfer records to the IRS, he reports.

If you’ve made a real estate gift, you should contact a tax professional to ensure you’re in compliance.

As Tax Partner, Richard Beutelschies leverages more than 30 years experience to lead tax services at the Houston location of top 100 U.S. firm Doeren Mayhew, assisting business owners in areas such as compliance, tax savings planning, estate planning and corporate tax structuring. For more information, contact us.

Exporters: Have You Considered a Tax-Saving IC-DISC?

by Richard Beutelschies, CPA, Tax Partner, TR Moore & Company

According to an article in BusinessWeek, many businesses are unaware of an opportunity to reduce or defer foreign income taxes on exports of U.S.-produced goods without establishing a physical presence abroad – the interest charge-domestic international sales corporation (IC-DISC):

  • A little known incentive, with only about 6,000 businesses implemented this tax savings strategy in 2010.
  • Broader than you might think – for example, tires manufactured in the United States may qualify if they are installed on a vehicle that is later exported overseas.
  • Produces typical savings of nearly 30 percent on export income.

An IC-DISC is a tax-exempt “paper” corporation set up to receive tax-deductible commissions on export sales. The maximum commission is the greater of 4 percent of gross receipts from sales of qualified export property or 50 percent of net income on those sales. If certain requirements are met, commission payments to an IC-DISC allow an exporter to convert ordinary income (currently taxable at rates as high as 35 percent) into qualified dividend income (currently taxed at 15 percent). 

Even without the benefit of lower tax rates, however, an IC-DISC offers another significant tax advantage: It allows the exporter to defer tax on up to $10 million in commissions held by the IC-DISC (that is, not distributed to the exporter) in exchange for modest interest payments to the IRS.

Visit our website for more information and sample savings related to this tax benefit.

As Tax Partner, Richard Beutelschies, CPA, leverages more than 30 years experience in foreign and domestic tax to lead international services at TR Moore & Company, the Houston location of top 100 CPA and consulting firm Doeren Mayhew. For more information, contact us.

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