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Further Guidance on the One-Rollover-Per-Year Rule for IRAs

As a follow-up to the recent post on this blog The One-Rollover-Per-Year Rule: Revised, the IRS has recently released some additional guidance on the subject, via Announcement 2014-15.

As previously mentioned, the IRS has determined to begin using the one-rollover-per-year rule applied to ALL IRAs that the taxpayer owns, rather than only the affected IRAs that have been involved in a rollover.

According to the Announcement, the IRS fully acknowledges that the previous understanding of the rule was that it applied on an IRA-by-IRA basis.  In fact, there was a Proposed Regulation § 1.408-4(b)(4)(ii) on the books that was to further define the rule as applied only to the involved IRAs.  Ever since the Tax Court decided otherwise in the case Bobrow v. Commissioner (TC Memo 2014-21), the rule has been changed.

According to the recent announcement though, this will not take affect across the board until January 1, 2015.  Prior to that date, presumably, the old interpretation will be used, except, apparently, for Mr. Bobrow’s case (and any further cases that might be tried by the Tax Court).

File and Suspend in the Crosshairs?

Image courtesy of chanpipat at FreeDigitalPhotos.net

Image courtesy of chanpipat at FreeDigitalPhotos.net

Note: with the passage of the Bipartisan Budget Act of 2015 into law, File & Suspend and Restricted Application have been effectively eliminated for anyone born in 1954 or later. If born before 1954 there are some options still available, but these are limited as well. Please see the article The Death of File & Suspend and Restricted Application for more details.

Apparently in the President’s recent budget documentation there is a brief mention of a desire to curtail the availability of File and Suspend as an option for Social Security benefit filing.

The reason, it appears, is that the Obama administration views this option as one used only by high income folks to take advantage of the government with this valuable option.

The problem with that viewpoint is that it is used by folks of all income levels, and in fact if it is taken away this could cause some big problems for folks who can least afford to lose benefits. As if anyone can afford to lose benefits, right?

Here’s what happens with File and Suspend: a Social Security benefit recipient has a spouse and/or children that would be eligible for benefits based on his or her record when he or she files for benefits.  If he or she happens to be at or older than Full Retirement Age (FRA, age 66 for folks born before 1955, up to age 67 for folks born in 1960), he or she can file and immediately suspend his or her own benefits, allowing his or her spouse or young children to receive benefits immediately.  By suspending his or her own benefit, he or she will earn delayed retirement credits of 8% per year, which will later provide him or her with an enhanced retirement benefit.

This is exactly the same outcome for the spouse and dependents that would play out if the benefit recipient was to file and *not* suspend benefits – and actuarially the end result should be the same for the primary benefit recipient as well.  Where use of File and Suspend makes a big difference is much later.  In the event of the recipient’s untimely early death, the spouse will receive a much enhanced survivor benefit.  And if the recipient lives a long, healthy life, he or she will enjoy the enhanced benefit as well.

I can’t see where this is an issue of higher income versus lower income, as has been reported.  I believe that the File and Suspend option is being unfairly vilified without complete understanding. The fact that folks with higher incomes have been more likely to choose File and Suspend as an option shouldn’t be cause to eliminate the option for everyone.  As I mentioned, actuarially this should have little or no effect.

The likely reason that higher income folks have been more likely to choose this option is because higher income folks are more likely to seek guidance when filing for Social Security benefits – but again, the word is getting out about this option and more folks are choosing it (once they talk the SSA folks into understanding it!).

As well, often folks with lower incomes and future Social Security benefits may not be in a position to delay receipt of benefits, making File and Suspend a good idea but not viable.

I hope that this gets dropped.  Doing away with File and Suspend will have no beneficial impact on the future viability of the Social Security system, in my opinion.  All this is likely to do is make a lot of software developers rewrite their software to remove this option.  If looking for provisions to remove in order to make the system a bit more cost-effective, perhaps the restricted application should be considered.  This one may actually cost the system a bit extra, but so few people even know about it that it’s unlikely.

The real answer is to either re-do the overall calculations, put in place more effective means testing, and/or change the tax structure, perhaps to include all earned income instead of the capped income as the system works now.  Until we face these factors and make real changes, we’re likely to continue on the path to unsustainability within the Social Security system.

A Bad Day or a Bad Life?

Mary Poppins

As a financial planner I am often asked whether or not a personal liability umbrella policy is worth the price. Generally, my answer is a resounding “Yes!”

Personal liability umbrella policies or PLUPs (for the remainder of this article) are insurance policies that provide coverage above and beyond the underlying liability limits on an individual’s or family’s auto insurance or home owners insurance. PLUPs can also be purchased by folks that have renters insurance or condo insurance policies. PLUPs are usually purchased in $1 million limits starting at $1 million.

Umbrella policies work like this: Generally the person applying for the PLUP has their auto and or home insurance with the insurance company they are considering purchasing the PLUP through. What the insurance company will do is require that in the underlying auto policy that the personal liability (if a member of the insured household is liable for damages in an auto accident) of the policy be at least a specific amount – often $250,000 or higher.

Likewise with the home policy; the insurance company will require the liability coverage of the home be at least a certain amount – often $300,000 or higher. These amounts must be exhausted first before the PLUP will pay.

Should the insured be liable in an auto accident or accident at the home (trample injuries or pool incidences are common) the insurance company will pay from the auto or home policy first and any damages left over are then recovered from the umbrella policy. Liability in an auto accident or home accident cannot be interchanged (you can’t use home liability for an auto accident and vice versa).

Let’s look at an example. Suppose Danny was driving his car and crossed the center line and hit another car head on. All three passengers in the other car sustained serious injuries totaling $750,000. Danny’s auto policy is set up where it pays $250,000 of bodily injury per person and $500,000 total per accident. Assuming each person sustained $250,000 in damages, Danny’s policy would cover $500,00 of the damages and essentially ‘run out’ of money. If Danny doesn’t have an umbrella – he’s responsible for the remaining $250,000.

Luckily, Danny purchased a PLUP. With $1 million in umbrella coverage the umbrella takes care of the remaining $250,000 Danny is liable for – including any legal defense. Here Danny only had a bad day.

If Danny didn’t have the PLUP – he is subject to wage garnishment, seizure of assets, etc. until he pays what he owes. In other words, he’s got a bad life.

PLUPs may also cover liability in the event someone is liable but the act wasn’t caused while using the auto or home policies. Typically the PLUP will pay after the insured pays a self-insured retention (deductible) which may be anywhere from $1,000 to $5,000.

PLUPs are pretty reasonably priced and will fluctuate based on a number of factors. For example, a single person with one car, one home, no moving violations or at-fault accidents will pay a pretty cheap premium – about $150-$200 annually. A couple with two cars, a home, boat, ATVs, and teenage drivers will pay much more since there is more risk with the vehicles and teen drivers. They may be looking at $500-$750 annually. The premium will fluctuate according to the risk exposure.

Why are PLUPs generally so cheap? It’s because the underlying insurance requirement on the policies under the “umbrella” must be high. It’s rare that these higher amounts are exceeded and umbrellas are used. Insurance companies know that due to the low percentage of PLUPs that pay that PLUPs are cash cows for them and they can price them reasonably for their clients.

Are PLUPs a good idea? Yes. In the event that the worst happens, would you rather have a bad day or a bad life?

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How Does an Early Withdrawal from a Retirement Plan Affect My Taxes?

Image courtesy of adamr at FreeDigitalPhotos.net

Image courtesy of adamr at FreeDigitalPhotos.net

Oftentimes we are faced with difficult situations in life – where we need extra money to pay for a major car repair, a new roof for the house, or just day-to-day living expenses – and our emergency funds are all tapped out.  Now your options become poor: should I go to a payday loan place, put more on my credit card?  My mortgage is upside-down so there’s no home equity loan in my future, and I can’t ask my folks for a loan, I’ve asked them for too much.  Hey, what about my retirement plan?  I’ve got some money socked away in an IRA that’s just sitting there, why don’t I take that money?

It’s really tough to be in a situation like this, but you need to understand the impacts that you’ll face if you decide to go the route of the IRA withdrawal, especially if you’re under age 59½.

Any money that you take out of a retirement plan as a withdrawal will be taxed as ordinary income – just like wages, salaries, and tips.  So if you’re in the 25% marginal tax bracket, every dollar that you withdraw from your IRA or 401(k) plan (if allowed) will cost you 25 cents right off the top.

In addition to the ordinary income tax, if you’re less than 59½ years of age you’ll also be hit with an additional 10% penalty for an early withdrawal (unless your withdrawal meets one of these 19 exceptions). So now every dollar that you withdraw costs an extra 10 cents on top of the ordinary income tax.  If you’re in the 25% bracket, that $10,000 withdrawal from your IRA can cost you as much as $3,500 in extra taxes and penalties.

Bear in mind that you may be able to take a temporary loan from your 401(k) or other qualified retirement plan (QRP) if you’re still employed by that employer.  Naturally you’ll need to repay the loan, but it might be a better option cost-wise than the other choices.  Plus, if you have an outstanding loan from your QRP and you leave the employer you’ll be required to either recognize the balance of the loan as a withdrawal or pay it back to the plan immediately.

Armed with this information makes your decision points much more clear: review all of the available options mentioned above (loans from family and friends, home equity loans, payday loans, and the like) against the cost of the taxes for taking an early withdrawal from your retirement plan.  The best option may be to see about a formal loan from family, paying them a reasonable rate of interest.  But of course, your circumstances are going to dictate the best option for you.  Just go into it with your eyes wide open.

Can You Itemize? Or, Should You Itemize?

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

When you prepare your taxes each year, you’re faced with a decision – itemize deductions or take the standard deduction?  Most of the time it’s not a question of whether you can itemize, but rather should you itemize.

Most Anyone Can Itemize…

This is due to the fact that most anyone can itemize.  If you’ve paid state and/or local income or sales taxes, real estate taxes, or paid mortgage interest, you have deductions to itemize.  Same goes for charitable contributions.  All of these items that you’ve paid out are eligible to be deducted on Schedule A of your tax return, without a lower limit.

If you have medical expenses, these can be deductible if the total of your medical expenses are more than 10% of your Adjusted Gross Income (AGI).  For 2013 tax returns, if you’re 65 years of age or older, your medical expenses that are more than 7.5% of your AGI will be deductible.

In addition, certain job expenses and other miscellaneous expenses, such as tax preparation expenses, safe deposit box rental, and the like, can be deductible to the extent that they exceed 2% of your AGI.

If you’ve paid out any of these expenses during the tax year, you can itemize.  That doesn’t mean that you should itemize, though.

… But Should You Itemize?

So you’ve determined that you have deductible expenses and you can itemize – let’s look at reasons why you should itemize.

The initial answer is really rather simple – if the total of all the deductible items that you’ve found to put on your Schedule A is greater than your applicable Standard Deduction, then you probably should itemize.  The Standard Deduction is based upon your Filing Status (2013 figures):

Filing Status Standard Deduction Over Age 65 or Blind, per Person
Single $6,100 + $1,500
Married Filing Jointly $12,200 + $1,200
Head of Household $8,950 + $1,500
Married Filing Separately* $6,100 + $1,200
Qualifying Widow(er) $12,200 + $1,200

If someone else claims you as a dependent on his or her tax return, your Standard Deduction is the lesser of $1,000 or earned income plus $350, up to the normal Standard Deduction for your filing status.

If your deductions amount to less than the Standard Deduction for your filing status, don’t despair.  It’s not as if being able to itemize your deductions is some sort of bonus – it’s actually the other way around.  You see, if you have more deductions when itemizing than the Standard Deduction, that means you had to pay out that money during the year.  On the other hand, if you had fewer itemized deductions (or no deductions to itemize), you’re getting to reduce your taxable income by the Standard Deduction without having to pay out that money!

Now there is at least one circumstance when you’re required to itemize your deductions, and we’ll cover that next.

Or, Do You Have to Itemize?

*If you and your spouse file separate returns with filing status of Married Filing Separately and your spouse itemizes deductions on Schedule A, you are also required to itemize your deductions on Schedule A, or take a Standard Deduction of $0.

Wrapping it up

You can always choose to itemize your deductions even if they are less than the Standard Deduction for your filing status. You only need to mark the box on Line 30 of Schedule A.  You might want to do this if it would somehow benefit your state income tax, for example.

Lastly – the only way to itemize deductions is by also filing your tax return on Form 1040.  If you choose to use either Form 1040A or Form 1040EZ, you are not eligible to itemize your deductions.  If you use tax return preparation software (or your qualified preparer does) the decision will be made for you, more than likely.

Use Direct Deposit for Your Tax Refund

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

When filing your tax returns this year, consider using direct deposit for your refund.  By doing this, you don’t have to worry about the mail “making the trip”, and also you won’t have to make a visit to the bank to cash or deposit the refund.

On top of that, direct deposit refunds usually are deposited more quickly than a check is delivered by mail, getting you the money faster.  Among the many alternatives for the places you can have the money deposited to are virtually any bank account, as long as you have the routing and account information, as well as transferring your funds to your TreasuryDirect account to purchase US Treasury marketable securities and savings bonds.  You can also split your refund to be deposited in two or three different accounts – the account(s) need to be title in your name, your spouse’s name, or both, not someone else’s account.

Of course, if you owe money to the IRS from past tax returns, your refund will be used to pay your debt first and foremost.  You also have the option to apply any leftover refund toward your tax obligation for the current year as well.

If your refund is less than $1 (which is highly unlikely since tax figures these days are generally rounded to the nearest dollar), you have to specifically request a refund from the IRS in writing.

Setting up direct deposit is a relatively simple activity, whether you’re using tax software or paper filing your return.  You just need to fill out the form with the appropriate bank routing and account information, and the deed is done.  If requesting direct deposit to multiple accounts, you’ll need to use Form 8888.  Form 8888 is also used to purchase paper I-series US Savings Bonds with your refund (limited to $5,000).

So do yourself a favor this year, and set up direct deposit of your tax refund.  It’s flexible, convenient, simple, and secure.

Your Social Security Benefits: Are They Taxable?

Image courtesy of Salvatore Vuono at FreeDigitalPhotos.net

Image courtesy of Salvatore Vuono at FreeDigitalPhotos.net

If you’re receiving Social Security benefits, either for disability, retirement, or survivor’s benefits, when you file your tax return you will need to figure out if the benefits you’ve received during the prior year are taxable to you.

You’ll receive a Form SSA-1099 from Social Security sometime in the first months of the year, showing what your benefits were in the prior year, as well as any deductions that were made throughout the year – including Medicare premiums (Part B and/or Part D) if applicable, and federal income taxes withheld.

But are the benefits taxable to you?  At most, 85% of your benefit might be taxed – and it’s possible that none of your benefit is taxable, all dependent upon your total income for the year.  See this article for a detailed explanation of How Taxation of Social Security Benefits Works.  The IRS recently published their Tax Tip 2014-23, which details some facts about taxability of Social Security benefits.  The actual text of the Tip is below:

Are Your Social Security Benefits Taxable?

Some people must pay taxes on part of their Social Security benefits.  Others find that their benefits aren’t taxable.  If you get Social Security, the IRS can help you determine if some of your benefits are taxable.

Here are seven tips about how Social Security affects your taxes:

  1. If you received these benefits in 2013, you should have received a Form SSA-1099, Social Security Benefit Statement, showing the amount.
  2. If Social Security was your only sources of income in 2013, your benefits may not be taxable.  You also may not need to file a federal income tax return.
  3. If you get income from other sources, then you may have to pay taxes on some of your benefits.
  4. Your income and filing status affect whether you must pay taxes on your Social Security.
  5. The best, and free, way to find out if your benefits are taxable is to use IRS Free File to prepare and e-file your tax return.  If you made $58,000 or less, you can use Free File tax software.  the software will figure the taxable benefits for you.  If your income was more than $58,000 and you feel comfortable doing your own taxes, use Free File Fillable Forms.  Free File is available only at www.IRS.gov/freefile.
  6. If you file a paper return, visit www.IRS.gov and use the Interactive Tax Assistant tool to see if any of your benefits are taxable.
  7. A quick way to find out if any of your benefits may be taxable is to add one-half of your Social Security benefits to all your other income, including any tax-exempt interest.  Next, compare this total to the base amounts below.  If your total is more than the base amount for your filing status, then some of your benefits may be taxable.  The three base amounts are:
    • $25,000 – for single, head of household, qualifying widow(er) with a dependent child or married individuals filing separately who did not live with their spouse at any time during the year.
    • $32,000 – for married couples filing jointly
    • $0 – for married persons filing separately who lived together at any time during the year.

For more on this topic visit www.IRS.gov.

7 Debunked Myths About Mortgages

Guest post by Diana Fishlock for Zillow.com.  Diana Fishlock has researched and written articles on a wide variety of subjects for newspapers in New York, Pennsylvania and Maryland. She lives near Harrisburg, PA and writes for Zillow.

Young Businesswoman Real Estate Agent in Front of HomeSecuring a mortgage can be a daunting, confusing process for first-time home buyers as well as experienced homeowners considering moving or buying a second home. There are lots of myths and misconceptions about mortgages, such as who qualifies and what makes a good one.

Myth 1: Prequalified means preapproved.

Reality: Prequalifying for a mortgage and being preapproved are two different steps. Prequalifying is a lot simpler. It requires informing a lender about debts, income and assets in a general sense. Prequalifying helps buyers loosely determine their affordable price ranges.

For preapproval, a buyer must submit to the lender much more detailed information, including a financial history. The lender then verifies the borrower’s debt-to-income ratio before agreeing in writing to loan a specific amount. Preapproval indicates to home sellers that a buyer is approved by a lender and serious about making a purchase.

Myth 2: Buyers should choose the mortgage lender with the lowest interest rate.

Reality: The annual percentage rate (APR) is a better measure of the cost of a mortgage because it includes not only interest rate, but points and other fees. With all of the high costs of buying a home, owning a home and maintaining the property, it’s important to consider all the costs.

Myth 3: Buyers should always choose the lender who offers the lowest APR.

Reality: There are other important factors too. It’s important for buyers to look at lenders’ costs and fees, which can add up quickly. But borrowers should opt for well-known, reputable lenders. Buyers should ask friends and neighbors for recommendations on lenders they used for buying or refinancing homes. They can also read online reviews of lenders on Zillow Mortgage Marketplace. Reviews include information on which lenders were easy to work with, available to answer questions and clear and respectful with their responses.

Myth 4: Salary is the most important factor to lenders. 

Reality: While lenders like to work with borrowers who earn large salaries, they’re looking for the whole package with the lowest risk. Lenders factor in debt, credit ratings and both financial and work histories. A borrower with a big paycheck but numerous loans and a history of job-hopping isn’t as attractive to lenders as the patient saver who stayed at one job for years. Lenders also want to see someone who made a habit of saving money, not a person whose parents made a big deposit right before it was time to buy a house.

Myth 5: Bigger downpayments are always better.

Reality: Putting 20 percent down is great for buyers with loads of cash on hand, but these days many people can secure favorable mortgages with 10, 5 or even 3.5 percent down. With interest rates low, some homebuyers prefer to use as little cash as possible for a downpayment and opt instead to keep a bigger nest egg for buying furniture and appliances or maintaining a safety cushion.

Myth 6: Refinancing is a smart decision.

Reality: Refinancing is not always the best decision. Refinancing a mortgage to pay a lower interest rate or consolidate loans can be a very good idea. Refinancing is not the right choice for homeowners who don’t plan on staying in their houses for many years, or those whose credit has depreciated. Any savings realized from lowering the interest rates for homeowners planning to move soon may be eaten up by the lender’s closing fees. Homeowners with poor credit risk getting higher interest rates on their refinances.

Myth 7: Homeowners should pay off their mortgages as soon as possible.

Reality: Although outright homeownership is a major achievement, homeowners should be in less of a rush to pay down their principals if they have more expensive debts to pay. Homeowners should pay off their highest-interest rate debts first, which usually means credit cards. Interest on a mortgage is also tax deductible, while credit cards and car loans are not. Paying off a mortgage ahead of schedule is beneficial to avoid some interest payments but should be evaluated on an individual basis.

Mortgage shopping can be a long, frustrating process without the right information. Smart homebuyers who can separate myth from reality can secure the best mortgages available, saving money and inconvenience by locking in a great rate with a reputable lender.

How Much Do I Need to Save?

English: Home plate umpire Brian Knight #91 ca...

Frequently I’m asked by folks how much they need to be socking away for retirement. Many people I talk to are concerned about having enough (a very common concern I would say among most people) for retirement and fear running out of money.

As much as I would love to give them a rock-solid answer and as much as they want a definitive answer, the true answer is that it depends – on a number of factors.

1. How much do you plan to spend in retirement?

This question can be difficult to answer especially if you’re young and can’t contemplate nor even come close to an estimate of what expenses will be in retirement. For others, this may be more readily a number to come up with especially if one is close to retirement or in the peak accumulation years of their careers which is usually later in life.

2. How much do you plan to give in retirement?

For many folks there is a desire to give away some or all of their wealth at retirement. This could range from a few thousand to several billion dollars (we’re talking Warren Buffett  wealth here). Naturally, the amount saved and accumulated over the working years needs to be greater than simply an amount needed to survive or enjoy retirement.

3. What assets have you currently saved and accumulated?

If you’re younger you’re not looking at much, but here’s the good news: time is on your side. You have much longer until retirement but you also have the advantage of compounding returns as well as the potential of your human capital (your earnings over your lifetime) compounding as you advance in your career. If you’re middle aged or older aged, there’s a chance you have a home you may potentially downsize from or perhaps you’d consider a HECM reverse mortgage. As you age, you have less human capital the closer you get to retirement, but hopefully that’s been replaced with financial capital (what you’ve saved while working).

4. How much do you plan on earning over your lifetime?

This is the $64,000 question – although I will say be careful with thinking that more money means more savings. Just by the numbers if a person makes more they have the ability to save more, but it’s true that the more someone makes the more they spend. I have seen very simple, frugal folks that turn out to be the millionaires next door and I have seen dual six-figure spouses live paycheck to paycheck and worry. A key point is this – when you start saving – save a percentage and as you get raises, continue to live like you did when you had nothing. It’s amazing how fast your wealth will build.

Next week we’ll cover some different equations (for all you math lovers – you know who you are!) that show some examples but for now – a good rule of thumb is to start with 10% of your gross income (what you make before taxes) and gradually move toward 20%. In theory as you make more you should be able to easily save more – especially if you’re expenses stay as they were before your income increased. Good in theory, but hard for many folks to do.

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Education Tax Benefits

Locke's Some Thoughts on Education

Going to college can be a stressful time for students and parents. Some of the costs of your education can be offset by tax credits and reductions to income.  These credits and reductions can be complicated, so it takes a bit of coordination to keep things straight. 

More than one education tax benefit may be taken in one year, but generally the expenses must be segregated from one another in your reporting.  In other words, you couldn’t take two tax benefits based upon the exact same education expenses, with some exceptions.  For example, you can use most qualified expenses for the tax credits and apply the expense toward eliminating the 10% penalty on IRA distributions at the same time.

Generally though, most tax benefits for education can only be applied once to each expense.  Only one of the following credits may be used per student in any given year: American Opportunity Tax Credit, Lifetime Learning Credit, or Tuition and Fees Deduction.  If you have enough students with the appropriate circumstances, it is feasible that you could use all three types of benefit in a single tax year.

Listed below are the three primary tax benefits and the specifics around them:

  • American Opportunity Tax Credit.  This credit can be up to $2,500 per eligible student. The AOTC is available for the first four years of post secondary education. Forty percent of the credit is refundable. That means that you may be able to receive up to $1,000 of the credit as a refund, even if you don’t owe any taxes. Qualified expenses include tuition and fees, course related books, supplies and equipment.

    There are income limitations on this credit. Generally, your Modified Adjusted Gross Income must be less than $80,000 (if single) or $160,000 (if married) to claim the full credit. The credit is phased out above those levels and eliminated at $90,000 and $180,000 respectively.

    The AOTC is not allowed if you file Married Filing Separately, or if you are claimed as a dependent on another taxpayer’s return. In addition, the credit is not refundable if you are under age 24 and are essentially dependent upon your parents (that is, they are alive) and you are unmarried. If you are under age 18 none of the credit is refundable.

  • Lifetime Learning Credit.  With the LLC, you may be able to claim up to $2,000 for qualified education expenses on your federal tax return. There is no limit on the number of years you can claim this credit for an eligible student. The credit is 20% of the first $10,000 of education expenses for the student.

    This credit has income limitations as well. If your Modified AGI is less than $53,000 (single) or $107,000 (married filing jointly) the credit is fully available. The phaseout occurs at $63,000 and $127,000 respectively. Again, you are not allowed to use this credit if you file Married Filing Separately, or are the dependent of another taxpayer.

  • Tuition and Fees deduction. This benefit provides a reduction in your Adjusted Gross Income of up to $4,000 for modified AGI less than $65,000 (single) or $130,000 (married filing jointly), or $2,000 if your modified AGI is above those limits but less than $80,000 or $160,000 respectively. Above those limits the deduction is not available. Like the other benefits, the Tuition and Fees deduction is not available if filing MFS or you are the dependent of another taxpayer.

    One difference with this deduction is that you can include course materials in the deduction only if purchased directly from the educational institution (other benefits allow any source of purchase of course materials).

  • Student loan interest deduction. Other than home mortgage interest, you generally can’t deduct the interest you pay. However, you may be able to deduct interest you pay on a qualified student loan. The deduction can reduce your taxable income by up to $2,500. You don’t need to itemize deductions to claim it.

The Unmarried Penalty With Social Security (and the Divorce Advantage)

Okay, penalty probably is the wrong term for it – maybe the better term would be short-change.

You’ve undoubtedly heard of the marriage penalty for income taxes – this is where it can be beneficial tax-wise for two people to remain single than to be married and be forced to file either jointly or separately.  The tax code contains several ways that this is true.  But did you know that there is a way that married folks might level the field versus singles in the Social Security law-scape?  Plus, divorced folks may also have an advantage over singles AND married folks who were never divorced (or who divorced after marriage of less than ten years)?

The Marriage Advantage

When a worker remains single over his or her working life, there is an inequality in benefits paid out based on his or her record when you compare it to that of a married person.  Here’s what happens:

Let’s say Dave and Eddie are the same age, with the same earnings record over their lifetimes (in fact they worked side-by-side for most of their careers).  Dave has been single his whole life, but Eddie married Valerie 30 years ago and they remain married.  Both Dave and Eddie are 66 this year, and they both file for their Social Security benefits, at a rate of $2,000 per month.

At the same time, Valerie didn’t work very much outside the home (not enough to be eligible for Social Security benefits on her own record – she only worked one day at a time). However, since she’s also 66 this year, she can file for a spousal benefit based on Eddie’s Social Security record, in the amount of 50% of Eddie’s age 66 benefit, or $1,000.

So, for the exact same amount paid into the Social Security system over the years, Eddie’s earnings have generated benefits 50% greater than Dave’s.

And it doesn’t stop there – if Dave and Eddie both live to age 80, but then Valerie lives another five years after Eddie’s death, she will receive a survivor benefit equal to Eddie’s benefit for those additional five years.  There is no survivor benefit paid on Dave’s record since he was never married.

The Un-Divorced Penalty

When a worker is married for more than 10 years, gets divorced and then remarries, each spouse that he is either currently married to or was married to for more than ten years is eligible for spousal benefits based upon the worker’s record.  In this way, the Social Security record of someone who has been married more than once (if the marriage(s) lasted at least 10 years before divorce) will bear even more fruit than the record of Eddie above and definitely more than Dave.  For example:

Tom was married to Jane for 22 years and then they divorced.  Not long after, he married Dana and remains married to her to this day.  Jane never remarried, and she never worked outside the home – and neither did Dana.  All three, Tom, Jane and Dana are 66 this year.  Tom decides to file for his own Social Security retirement benefits at $2,000 per month, and Dana files for the spousal benefit based on Tom’s record, for $1,000 per month.  Jane also decides to file for Spousal Benefits based on Tom’s record as well (Jane didn’t remarry after her divorce from Tom), and her benefit is $1,000 per month as well (50% of Tom’s age 66 benefit).

So, with the exact same earnings record as Dave and Eddie (from our first example), benefits paid on Tom’s record amount to $4,000 per month – double the benefits paid on Dave’s record, and 33% more than the benefits paid on Eddie’s record.

The Alternative Minimum Tax

Image courtesy of pakorn at FreeDigitalPhotos.net

Image courtesy of pakorn at FreeDigitalPhotos.net

You may not be aware of this, since income taxes are so complicated that not a lot of folks do much digging into the nuances, but there is another income tax rate that could affect you in certain circumstances.

This other income tax is called the Alternative Minimum Tax, or AMT.  This “alternative” tax applies when you have income above certain thresholds. Essentially it ensures that you pay a certain minimum amount of income tax if your deductions reduce your income so much that your ordinary income tax falls below the minimum applied by the AMT.  It gets pretty complicated, but I’ll go over the high points below.

Alternative Minimum Tax (AMT)

AMT has a separate set of rules for definitions of income and expenses, rules for accounting and timing, and exemptions and tax rates.  AMT limits the tax benefit of certain types of income and deductions, otherwise available to some taxpayers under the “normal” rules.

If you have a high income for the year but your taxable income is relatively low due to a large number of dependents, a high amount of your income is long-term capital gains, large Schedule A deductions, or a large amount of tax-free income from private activity bonds, you may be subject to AMT taxation.  Form 6251 is the appropriate form to use when determining if your income is subject to AMT.

Using Form 6251 you add to your taxable income those items that are used to determine the Alternative Minimum Taxable Income (AMTI), as explained below.

Starting with your taxable income (before exemptions) on line 41 of your Form 1040, you must make the several adjustments, adding back in many deductions from Schedule A (some medical expenses, mortgage interest, taxes, and miscellaneous deductions).  In addition to those additions, there are differences in the way that AMT rules define investment interest expense, depletion, stock option exercises, and quite a few specialized items that will only be of interest to business owners.

After these adjustments are made to your income, the AMT tax rates are applied. If the tax calculated is greater than the ordinary income tax, you’ll have to file with the AMT rates applied.

The IRS recently published their Tax Tip 2014-10 which lists out a few facts that may help you to understand the AMT.  Especially helpful is the AMT Assistant Tool, for which a link is provided below.  The complete text of the Tip is listed below:

What You Should Know about AMT

Have you ever wondered if the Alternative Minimum Tax applies to you? You may have to pay this tax if your income is above a certain amount. The AMT attempts to ensure that some individuals who claim certain tax benefits pay a minimum amount of tax.

Here are some things from the IRS that you should know about AMT:

  1. You may have to pay the tax if your taxable income, plus certain adjustments, is more than the AMT exemption amount for your filing status. If your income is below this amount, you usually will not owe AMT.
  2. The 2013 AMT exemption amounts for each filing status are:
    • Single and Head of Household = $51,900
    • Married Filing Joint and Qualifying Widow(er) = $80,800
    • Married Filing Separate = $40,400
  3. The rules for AMT are more complex than the rules for regular income tax. The best way to make it easy on yourself is to use IRS e-file to prepare and file your tax return. E-file tax software will figure AMT for you if you owe it.
  4. If you file a paper return, use the AMT Assistant tool on IRS.gov to find out if you may need to pay the tax.
  5. If you owe AMT, you usually must file Form 6251, Alternative Minimum Tax – Individuals. Some taxpayers who owe AMT can file Form 1040A and use the AMT Worksheet in the instructions.

Visit IRS.gov to find out more about AMT. Also, see the Form 6251 instructions. You can get it at IRS.gov too or by calling 800-TAX-FORM (800-829-3676).

Market Returns Aren’t Savings

Golden Egg

In 2013 the market and those invested in it experienced a nice return on their investments. The S&P 500 rose an amazing 29.6% while the Dow rose 26.5%. Needless to say 2013 was an amazing year for investors – but try not to make the following mistake:

Don’t confuse investment returns with savings.

While it is true that the more of a return an investor receives on his or her investments the less they have to save it still does not mean that your returns should take the place of systematic saving for retirement, college or the proverbial rainy day. And by no means should you reduce the amount you’re saving thinking that the returns from 2013 and other bull years will repeat and continue their upward bounty.

Investment returns are the returns that an investor receives in a particular time frame. For 2013, if an investor was invested in the S&P 500 or an S&P 500 index fund they received almost 30% returns for the year. Not bad. But this is deceiving. Not to burst anyone’s bubble, but we are only looking at one year. If an investor was saving for retirement for over 30 years, to expect 30% returns each year for 30 years is  like expecting my chickens to lay golden eggs – it ain’t gonna happen!

But what if an investor stops systematically saving, thinking that a 30% increase in their portfolio for 2013 can offset any additional money they intended to put in? The result would be disastrous to their retirement plan. Perhaps some numbers can help explain.

Let’s assume that we have two investors, Alex and Neil. Both are age 30, both will retire at age 65 and both start with $10,000 in their IRAs at the beginning of 2013 and both are invested 100% in the S&P 500. At the end of 2013, both investors have $13,000 in their IRAs. Up until the end of 2013, both Alex and Neil had systematically contributed the maximum to their IRAs annually – about $5,000 annually. Now they can contribute $5,500 annually.

Alex decides that since 2013 rocked, he will not contribute to his IRA for 2014 thinking that 2013’s numbers will last forever. Neil decides to keep drumming away and putting in his annual amount ($5,500 for 2014) at a steady rhythm.

Neil is handsomely rewarded for his commitment and over the next 35 years, at a 6% average annual return he amasses close to $690,000 ($698,752 for those of you with your financial calculators).

Alex is sporadic. After up years in the market he doesn’t invest and after down years he thinks he needs to contribute. It turns out that there were 20 years of downs and 15 years of ups – so Alex invested his annual IRA maximum 20 times, instead of Neil’s 35.

Keeping the math simple, let’s say that the market was down for the next 20 years causing Alex to save and then up the last 15 years causing him to relax his savings commitment. In 20 years, since there were no gains Alex has $123,000 (we assume no losses in this down market).

In the next 15 years, Alex averages 6% return and contributes nothing since they are up years. At the end of 35 years Alex has roughly $295,000 ($294,777 for those of you still calculating) – or about $400,000 less than Neil.

Admittedly my examples are very simplistic and a bit unrealistic. But the point is to not confuse your investment returns with savings. They are not the same. An investor still needs to stick to their savings plan regardless of what the market does.

In up years and I would argue more importantly in down years you need to stick to your plan of saving regularly – along with the ups and downs to take advantage of compounding returns and  buying less when the market is overpriced and more when it’s under-priced.

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Get Your Kids to Help You With Your Taxes

wharvey galsSometimes as parents we get overwhelmed with the costs of raising kids.  What with the high cost of soccer camp, video games, and lessons on the clarinet, it can be woefully expensive raising kids.

Sometimes though, there are surprising ways that kids can help out with costs – and your income taxes is one of those places where having kids does help.  The IRS recently published their Tax Tip 2014-11 which lists eight ways that having children can help to lower your taxes.

The actual text of Tax Tip 2014-11 follows:

Eight Tax Savers for Parents

Your children may help you qualify for valuable tax benefits.  Here are eight tax benefits parents should look out for when filing their federal tax returns this year.

  1. Dependents. In most cases, you can claim your child as a dependent.  This applies even if your child was born any time in 2013.  for more details, see Publication 501, Exemptions, Standard Deduction and Filing Information.
  2. Child Tax Credit. You may be able to claim the Child Tax Credit for each of your qualifying children under the age of 17 at the end of 2013.  The maximum credit is $1,000 per child.  If you get less than the full amount of the credit, you may be eligible for the Additional Child Tax Credit.  For more about both credits, see the instructions for Schedule 8812, Child Tax Credit, and Publication 972, Child Tax Credit.
  3. Child and Dependent Care Credit. You may be able to claim this credit if you paid someone to care for one or more qualifying persons.  Your dependent child or children under age 13 are among those who are qualified. You must have paid for care so you could work or look for work.  For more, see Publication 503, Child and Dependent Care Expenses.
  4. Earned Income Tax Credit.  If you worked but earned less than $51,567 last year, you may qualify for EITC.  If you have three qualifying children, you may get up to $6,044 as EITC when you file and claim it on your tax return.  Use the EITC Assistant tool at www.IRS.gov to find out if you qualify or see Publication 596, Earned Income Tax Credit.
  5. Adoption Credit. You may be able to claim a tax credit for certain expenses you paid to adopt a child.  For details, see the instructions for Form 8839, Qualified Adoption Expenses.
  6. Higher education credits. If you paid for higher education for yourself or an immediate family member, you may qualify for either of two education tax credits.  Both the American Opportunity Credit and the Lifetime Learning Credit may reduce the amount of tax you owe.  If the American Opportunity Credit is more than the tax you owe, you could be eligible for a refund up to $1,000.  See Publication 970, Tax Benefits for Education.
  7. Student loan interest. You may be able to deduct interest you paid on a qualified student loan, even if you don’t itemize deductions on your tax return. For more information, see Publication 970.
  8. Self-employed health insurance deduction. If you were self-employed and paid for health insurance, you may be able to deduct premiums you paid to cover your child under the Affordable Care Act. It appies to children under age 27 at the end of the year, even if not your dependent.  See Notice 2010-38 for information.

Where to get IRS Forms and Publications

Image courtesy of Arvind Balaraman at FreeDigitalPhotos.net

Image courtesy of Arvind Balaraman at FreeDigitalPhotos.net

When you are preparing your taxes, inevitably you run across a form or publication that you need in order to complete your filing.  But where can you find all these forms and publications?

The IRS recently published their Tax Tip 2014-06, which details information about where you can find these forms and publications.  The actual text of the Tip follows below.

Four Ways to Get IRS Forms and Publications

The IRS offers free tax forms and publications on many topics.  Here are four easy ways to get the tax products you need from the IRS:

  1. On the Internet.  Get everything you need 24 hours a day 7 days a week on www.IRS.gov. To view and download tax products, click on the ‘Forms and Pubs’ tab.  Many products appear online before they’re available on paper.
  2. Order by phone.  Call 1-800-TAX-FORM (1-800-829-3676) Monday through Friday, 7 a.m. to 7 p.m. local time.  Hours of service in Alaska and Hawaii follow Pacific Time.  You’ll typically receive your order by mail within 7 to 10 days.
  3. In IRS Offices.  Get the tax products you need at IRS Taxpayer Assistance Centers across the country.  Visit www.IRS.gov to find the nearest IRS Center.  Select the ‘Help and Resources’ tab, and then click on ‘Contact Your Local IRS Office.’ Use the ‘Office Locator’ tool to search for the closest office by zip code.  You can also select your state for a list of offices and services available at each office.
  4. In Your Community.  Many libraries and post offices offer free tax forms during the tax filing season.  Some libraries also have copies of common IRS publications.

Updates to IRS Fees for Installment Agreements and OIC

Image courtesy of renjith krishnan at FreeDigitalPhotos.net

Image courtesy of renjith krishnan at FreeDigitalPhotos.net

Just like pretty much everything else in the world, the cost of doing business with the IRS has gone up.  The good news is that some fees did not increase for calendar year 2014, but some fees have gone up by significant rates.

Installment Agreement

This is where you have a balance due to the IRS for unpaid taxes, penalties and interest, and you’re unable to pay the amount at the present time in a lump sum.  So you set up an installment agreement with the IRS – where you agree to pay a set amount on a monthly basis until your balance is paid off.

If you set up a direct-debit payment plan – where the payment is pulled directly from you bank account – the fee to set this up remains unchanged from 2013 at $52.  This is the preferred method to set up such a plan, for the obvious reason that the IRS has direct access to debit your account for the payment, rather than relying on you to make the payment manually.

On the other hand, if you set up your installment agreement so that you control when the payment is sent (by paper check, for example), the fee for setting up this type of arrangement has increased in 2014 from $105 to $120, an increase of 14.2%.  Likewise, if you already have an agreement set up with the IRS and you need to restructure or reinstate a suspended installment agreement, the fee has increased from $45 to $50, an increase of 11.1%.

Offer in Compromise

An Offer in Compromise (OIC) is where you have a balance due to the IRS and you’re petitioning the IRS to settle the debt for less than the original balance due. (Sounds wonderful, doesn’t it? It’s not as easy as it sounds.)

In cases where your debt to the IRS is so great and your assets and income are so little that it is unlikely you’d be able to pay off the debt within a reasonable period.  There is a pre-qualification process that can help you to understand if you may be eligible for an OIC – the Offer in Compromise Pre-Qualifier.  Keep in mind that this is only a pre-qualification, there are no guarantees that the IRS will accept your application and offer. *Be very wary of tax professionals who claim that they can get you an OIC to pay your debt for “pennies on the dollar”. As with most things, if it sounds too good to be true, it probably is.

So if you pass the pre-qualification tests, you can then submit an application for an Offer in Compromise.  The fee for this application has increased in 2014, from $150 to $186, an increase of 24%.  If the application is approved, you have the option of either paying the compromise amount in one lump sum, or by periodic payments (much like the installment agreement above).  There is no additional fee for an installment agreement for OIC.

If you meet the low income requirements you will not need to send the application fee or make monthly payments while your offer is being reviewed.