The IRS provides disaster relief

 

In the aftermath of a disaster, implementation of established plans can help you get back to your daily routine. Still, no matter how prepared you are, some things — such as tax deadlines — can be overlooked during the recovery period. What happens if you discover you've forgotten to file a return or make a deposit?

Here are examples of tax relief available when you or your business are affected by a federally declared disaster.

• Postponed deadlines. Deadlines for personal and business returns, as well as tax deposits, can be postponed for up to a year. The length of the postponement for each disaster area is determined by the IRS, so you'll want to verify how much additional time you have.

• Penalty abatement. Penalties for failing to file certain returns or make required deposits are waived during the postponement period. The waiver is generally automatic and may also apply to interest.

• Prioritized processing. You have the option of amending last year's return to claim losses from a current year disaster. Amended returns flagged with applicable "disaster designations" are typically expedited so you get a refund quickly.

Were prior year returns lost in the disaster? Requests for replacements are expedited and the usual fees are waived.
Please call us at (949) 453-1521 for more information, and remember you don't have to navigate disaster-related tax matters on your own. We're here to help. $$

Don't miss deductions that are still available for 2013

As temporary tax breaks expire and are re-extended, it is sometimes confusing to remember which ones are effective for a particular tax year. Here are several deductions that are still available for your 2013 federal income tax return.
 Teacher expenses. If you’re an eligible educator, you can deduct up to $250 of out-of-pocket expenses for classroom supplies and materials. The deduction is above-the-line — meaning you don’t have to itemize to claim it.
Tuition. Another above-the-line tax-saver available for 2013 is the tuition and fees deduction for higher-education expenses you pay for yourself, your spouse, or your dependents. The maximum deduction for 2013 when you’re married filing a joint return is $4,000. Income limits apply.
State and local sales tax. You can benefit from this itemized deduction by choosing to claim state and local sales taxes that you paid during 2013 instead of state and local income taxes. You have the option of claiming the actual amount based on receipts, or using an amount from IRS-created tables. If you use the IRS tables, you can add the sales tax you paid for certain large purchases such as vehicles.
 Asset expensing. Under a tax provision called the Section 179 deduction, you can choose to expense the full cost of new or used assets you placed in service during the year. For 2013, the maximum Section 179 deduction is $500,000 when total asset purchases for the year are $2 million or less. Bonus depreciation. New equipment with a depreciable life of 20 years or less, certain leasehold improvements, and computer software are eligible for an additional, or "bonus," first-year depreciation deduction. For 2013, you can write off up to 50% of the cost of a qualified asset used in your business.
Do you need information about other tax deductions not mentioned here? Please give us a call at (949) 453-1521 for the latest details $$

Some early 401(k) withdrawals are penalty-free

 

To encourage workers to set aside money for retirement, Congress modified the tax law in the late 1970s. The new provisions offered certain tax advantages to companies that established "defined contribution" plans. Unlike traditional pensions, such plans do not provide for specific pension payouts during retirement. Instead, they establish how much an employee can contribute. The most common of these plans, as defined by its subsection in the Internal Revenue Code, is the 401(k).
In an effort to keep employees from raiding their retirement accounts too soon, the tax code also assesses stiff penalties for early withdrawals. In general, if you're still working and pull money out of your employer-sponsored 401(k) account before age 59½, you'll be socked with a 10% penalty on the withdrawal, in addition to regular income taxes.
Nevertheless, some provisions of the tax code allow for penalty-free withdrawals from a 401(k) account before age 59½.
Think long and hard, however, before taking an early withdrawal. Presumably, the longer you contribute to a 401(k) account, the more savings will be available to meet your retirement needs. Considering the meager retirement savings of many Americans — one recent study found that the median retirement savings of households nearing retirement is $12,000 — the decision to make an early withdrawal should not be taken lightly.
Following are two ways your traditional 401(k) account can be tapped without incurring the 10% penalty. Note that different rules apply to distributions from Individual Retirement Accounts (IRAs) and Roth 401(k) plans.

• Age 50 withdrawals for public safety employees and reservists. If you're a police officer, firefighter, or medic working for a state or city government, you won't be subject to the 10% penalty on early withdrawals if you leave your job in or after the year you turn 50. This provision also applies to certain active-duty reservists.

• Age 55 withdrawals after separation from service. If you leave your employer in or after the year you reach age 55, you can take penalty-free distributions from your company's qualified 401(k) plan. Note, however, if you retire before that year and wait until you're 55 to take the distribution, you'll be subject to the 10% penalty.

In addition to these two provisions, the tax code provides additional limited exceptions to the 10% penalty rule. If you're considering an early withdrawal from your retirement accounts, give us a call at (949) 453-1521 $$

Should you choose LLC status for your business?

 

Are you thinking of making your new business a limited liability company? You've probably already learned that an LLC combines the limited liability protection of a corporation with a partnership's flexibility in allocating income and other items among owners. However, you may be wondering how that hybrid status affects your taxes. For instance, would you file as a corporation or a partnership — or something else?
The answer is: You get to choose. When you're the only owner, or member, of your LLC, the default entity for federal tax purposes is a sole proprietorship. You attach a Schedule C, E, or F to your individual return to report business activity and pay income and self-employment tax.

You can also opt to file as a corporation, either a "C," or an "S." To elect C corporation status, complete Form 8832, Entity Classification Election. To elect S corporation status, you must file Form 2553 by March 15 of the year you want S status to begin. At year-end, report your business income on Form 1120 or 1120S.

When your business has multiple members, it's considered a partnership, unless you elect corporate status by filing Form 8832 or Form 2553.

Deciding how to organize your business is not a one-size-fits-all process. While you can change your mind later, doing so may have tax consequences. Give us a call at (949) 453-1521. We're here to help you figure out the right fit. $$

Mutual Fund Tax Planning

Are mutual funds part of your portfolio? As you begin your late-summer investment review in preparation for year end, think about how your funds can affect your federal income taxes.
Here are two things to consider.

Dividend income. The dividends you receive from mutual funds held in nonretirement accounts are included in the calculation of net investment income. When your 2013 modified adjusted gross income exceeds $250,000 ($200,000 when you're single), a portion of your net investment income will be taxed at a rate of 3.8% over and above your ordinary tax liability.

Planning tip. The tax form the mutual fund company sends you at the beginning of 2014 may classify some dividends as "qualified" — meaning they meet the requirements for a lower tax rate. However, you have to own the mutual fund shares for more than 60 days to get the lower rate on your federal return.

Capital gains. Mutual funds generally distribute short-term and long-term capital gains from in-fund sales to shareholders. Even if you reinvest the distributions in additional shares instead of opting for cash, the gain remains taxable to you.

Short-term distributions, for sales of fund investments held one year or less, are taxable at your ordinary income tax rate. The tax rate for long-term capital gains may be as high as 20%, depending on your adjusted gross income.

 You might also have a capital gain or loss when you sell shares of a mutual fund. That's true even if you "exchange" one fund for another and receive no proceeds.

Planning tip. You have options for calculating the cost of mutual fund shares you sell during the year. Remember to include reinvested distributions in your basis.

Please call us at (949) 453-1521 for more information. We're happy to help you manage your investments with an eye toward tax savings. $$

Work-related education expenses can be deductible

 

Are you going to school this fall to earn an advanced degree or to brush up on your work skills? If so, you might be able to deduct what you pay for tuition, books, and other supplies.
In general, when you're self-employed or working for someone else, you can claim a deduction for out-of-pocket educational costs if the training is necessary to maintain your skills or is required by your employer.
A caution: Even when the education meets those two tests, if you're qualified to work in a new trade or business when you've completed the course, your expenses are personal and nondeductible. That's true even if you do not get a job in the new trade or business.
Because it's often difficult to determine whether some degrees, such as an MBA, qualify you for a new trade or business, you'll need to look at your specific situation to decide if you can claim a deduction. One useful test is to compare the work you were able to perform before the education to what you are qualified to perform afterward.
Work-related education expenses are an itemized deduction when you're an employee and a business expense when you're self-employed. You may also be eligible for other tax benefits, including the lifetime learning credit or the tuition and fees deduction.
To learn more, please call us at (949) 453-1521. $$

Track your IRA basis

 

What's your definition of basis? When it comes to your taxes, you might think of the amount you paid for an asset, such as your home or a security, less certain adjustments. But you may also have basis in your traditional IRA — and tracking that basis can save you tax dollars.
You get basis in a traditional IRA when you make contributions that are not deductible on your federal income tax return. Later — the save-you-money part — when you take distributions or convert your traditional IRA to a Roth, the basis reduces the amount you report as taxable income.
Does that mean you can withdraw or convert only your basis and owe no tax at all? Unfortunately, no. The reason is a pro-rata rule. It works like this: You figure the taxable portion of distributions by dividing your basis by the total year-end balance of all your IRAs. Each distribution is partly taxable and partly tax-free.
Knowing your basis can help heirs, too. When your beneficiaries inherit your IRA, they also inherit your basis.
Track your nondeductible contributions on IRS Form 8606. The form does not need to be filed every year, so be sure to keep a copy of the latest one.
If you need help constructing IRA basis from prior years, please give us a call at (949) 453-1521. $$

 

Check out Coverdell ESAs for college savings

You're probably familiar with 529 college savings plans. Named for Section 529 of the Internal Revenue Code, they're also known as qualified tuition programs, and they offer tax benefits when you save for college expenses.

But are you aware of a lesser known cousin, established under Section 530 of the code? It's called a Coverdell Education Savings Account and it's been available since 1998.

The general idea of Coverdell accounts is similar to 529 plans — providing tax incentives to encourage you to set money aside for education. However, one big difference between the two is this: Amounts you contribute to a Coverdell can be used to pay for educational costs from kindergarten through college.

Generally, you can establish a Coverdell for an under-age-18 child — yours or someone else's. Once the Coverdell is set up, you can make contributions of as much as $2,000 each year. That maximum is reduced when you're married filing jointly and your modified adjusted gross income reaches $190,000 ($95,000 when you're single).

Anyone, including trusts and corporations, can contribute to the account until the child turns 18. There are no age restrictions when the Coverdell is established for someone with special needs.

While your contribution is not tax-deductible, earnings within the account are tax-free as long as you use them for educational expenses or qualify for an exception. In addition, you can make a tax-free transfer of the account balance to another eligible beneficiary, to a different custodian, or to a 529 plan.

Qualified distributions from a Coverdell are tax-free when you use the money to pay for costs such as tuition, room and board, books, and computers.

Please call us at (949) 453-1521 for information about other rules that apply to Coverdell accounts. We'll be happy to help you decide whether establishing one makes sense for you$$

A tax credit is available for adoptions

Together you make a family.

Is this the year you'll become an adoptive parent? In addition to the benefits of family togetherness, you might also qualify for a special break on your income tax return. The federal credit for qualified adoption expenses became permanent in January.

As you know, tax credits save you money by reducing the amount you owe dollar-for-dollar. In the case of the adoption credit, you may be able to save up to $12,970 on your 2013 federal income tax return for expenses you pay during the process of adopting a child.

Be aware the credit is subject to a phase-out — that is, the amount you can claim is reduced once your 2013 modified adjusted gross income (MAGI) reaches $194,580. No credit is available when your MAGI is $234,580 or more.

In general, the credit is based on total out-of-pocket expenses including adoption fees, amounts you paid your attorney, court costs, and your meals and lodging while away from home. However, when you adopt a special needs child and qualify for the credit, you can claim the full $12,970, regardless of how much you spent during the adoption process. In addition, you may also be able to exclude from income certain adoption benefits provided by your employer.

The credit is typically available for both foreign and U.S. adoptions. For domestic adoptions, you can claim it even if your attempt to adopt was unsuccessful.

Other tax breaks are available for new parents. Please call us at (949) 453-1521 if you would like details$$

Happy 4th of July!

Many tax planning questions arise after Supreme Court's DOMA decision

On June 26, the U.S. Supreme Court held that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional (E.S. Windsor, SCt., June 26, 2013). Immediately after the decision, President Obama directed all federal agencies, including the IRS, to revise their regulations to reflect the Court's order. How the IRS will revise its tax regulations - and when - remains to be seen; but in the meantime, the Court's decision opens a number of planning tax opportunities for same-sex couples.

Background

The Supreme Court agreed in 2012 to hear an appeal of a federal estate tax case. Due to DOMA, the surviving spouse of a same-sex married couple was ineligible for the federal unlimited marital deduction under Code Sec. 2056(a). The survivor sued for a refund of estate taxes. A federal district court and the Second Circuit Court of Appeals found unconstitutional Section 3 of DOMA, which defines marriage for federal purposes as only a legal union between one man and one woman as husband and wife.

Supreme Court's decision

In a 5 to 4 decision, the Supreme Court held that Section 3 of DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. Writing for the five-justice majority, Justice Anthony Kennedy said that "DOMA rejects the long-established precept that the incidents, benefits, and obligations of marriage are uniform for all married couples within each State, though they may vary, subject to constitutional guarantees, from one State to the next." Kennedy explained that "by creating two contradictory marriage regimes within the same State, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect."

Chief Justice John Roberts, who would have upheld DOMA, cautioned that "the Supreme Court did not decide if states could continue to utilize the traditional definition of marriage." Roberts noted that the majority held that the decision and its holding "are confined to those lawful marriages-referring to same-sex marriages that a State has already recognized."

Tax planning

The Supreme Court's decision impacts countless provisions in the Tax Code, covering all life events, such as marriage, employment, retirement and death. The affect on the Tax Code cannot be overstated. It is expected that the IRS will move quickly to clarify how the decision impacts many of the more far-reaching provisions, such as filing status and employee benefits. Other provisions, especially the complex estate and gift tax provisions, will likely require more time from the IRS to issue guidance.

For federal tax purposes, only married individuals can file their returns as married filing jointly or married filing separately. Because of DOMA, the IRS limited these married filing statuses to opposite-sex married couples. The IRS is expected to issue guidance. Same-sex couples who filed separate returns may want to explore the benefits of filing amended returns (as married filing jointly), if applicable. Our office will keep you posted of developments.

Among the other provisions in the Tax Code affected by the Supreme Court's decision are:

• Adoption benefits
• Child tax credit
• Education tax credits and deductions
• Estate tax marital deduction
• Estate tax portability between spouses
• Gifts made by spouses
• Retirement plans

Looking ahead

Will the federal government look to where the same-sex couple was married (state of celebration) or where the same-sex couple reside (state of residence) for purposes of federal benefits? The Supreme Court did not rule on Section 2 of DOMA, which provides that no state is required to recognize a same-sex marriage performed in another state. At the time of the Supreme Court's decision, 12 states and the District of Columbia recognize same-sex marriage.

In some cases, the rules for marital status are determined by federal regulations, which can be changed without action by Congress. In other cases, the rules are set by statute, which would require Congressional action. Sometimes, a federal agency follows one rule for some purposes but another rule for other purposes. Generally, the IRS has used place of domicile for determining marital status. Our office will keep you posted of developments.

If you have any questions about the Supreme Court's decision and its impact on tax planning, please contact our office at (949) 453-1521 $$

Estate executors have tax filing responsibilities

Part of your responsibility as the executor or personal administrator of an estate involves making sure the necessary tax returns are filed — and there might be more of those than you expect. Here's an overview.

Personal income tax. You may need to file a federal income tax return for the decedent for the prior year as well as the year of death. Both are due by the following-year April 15 due date, even if the amount of time covered is less than a full year. You can request a six-month extension if you need additional time to gather information.

Gift tax. If the individual whose estate you're administering made gifts in excess of the annual exclusion ($14,000 for 2013), a gift tax return may be required. Form 709 is due April 15 of the year following the gift. The filing date can be extended six months. Estate income tax. Income earned after death, such as interest on estate assets, is reported on Form 1041, "Income Tax Return for Estates and Trusts." You'll generally need to file if the estate's gross income is $600 or more, or if any beneficiary is a nonresident alien. For estates with a December 31 year-end, Form 1041 is due April 15 of the following year.

Estate tax. An estate tax return, Form 706, is required when the fair market value of all estate assets exceeds $5,250,000 (for estates created in 2013). One thing to watch for: Spouses can transfer unused portions of the $5,250,000 exemption to each other. This is called the "portability" election. To benefit, you will need to file Form 706 when the total value of the estate is lower than the exemption.

Form 706 is due nine months after the date of death. You can request a six-month extension of time to file.

Give us a call at (949) 453-1521 for checklists and information about administering an estate. We're here to help make your task less stressful $$

FAQ: Should I be paying estimated tax or having more withheld instead?

Some individuals must pay estimated taxes or face a penalty in the form of interest on the amount underpaid. Self-employed persons, retirees, and nonworking individuals most often must pay estimated taxes to avoid the penalty. But an employee may need to pay them if the amount of tax withheld from wages is insufficient to cover the tax owed on other income. The potential tax owed on investment income also may increase the need for paying estimated tax, even among wage earners.

The trick with estimated taxes is to pay a sufficient amount of estimated tax to avoid a penalty but not to overpay. The IRS will refund the overpayment when you file your return, but it will not pay interest on it. In other words, by overpaying tax to the IRS, you are in essence choosing to give the government an interest-free loan rather than invest your money somewhere else and make a profit.

When do I make estimated tax payments?

Individual estimated tax payments are generally made in four installments accompanying a completed Form 1040-ES, Estimated Tax for Individuals. For the typical individual who uses a calendar tax year, payments generally are due on April 15, June 15, and September 15 of the tax year, and January 15 of the following year (or the following business day when it falls on a weekend or other holiday).

Am I required to make estimated tax payments?

Generally, you must pay estimated taxes in 2012 if (1) you expect to owe at least $1,000 in tax after subtracting tax withholding (if you have any) and (2) you expect your withholding and credits to be less than the smaller of 90 percent of your 2012 taxes or 100 percent of the tax on your 2011 return.  There are special rules for higher income individuals.

Usually, there is no penalty if your estimated tax payments plus other tax payments, such as wage withholding, equal either 100 percent of your prior year's tax liability or 90 percent of your current year's tax liability. However, if your adjusted gross income for your prior year exceeded $150,000, you must pay either 110 percent of the prior year tax or 90 percent of the current year tax to avoid the estimated tax penalty. For married filing separately, the higher payments apply at $75,000.

Estimated tax is not limited to income tax. In figuring your installments, you must also take into account other taxes such as the alternative minimum tax, penalties for early withdrawals from an IRA or other retirement plan, and self-employment tax, which is the equivalent of Social Security taxes for the self-employed.

Suppose I owe only a relatively small amount of tax?

There is no penalty if the tax underpayment for the year is less than $1,000. However, once an underpayment exceeds $1,000, the penalty applies to the full amount of the underpayment.

What if I realize I have miscalculated my tax before the year ends?

An employee may be able to avoid the penalty by getting the employer to increase withholding in an amount needed to cover the shortfall. The IRS will treat the withheld tax as being paid proportionately over the course of the year, even though a greater amount was withheld at year-end. The proportionate treatment could prevent penalties on installments paid earlier in the year.

What else can I do?

If you receive income unevenly over the course of the year, you may benefit from using the annualized income installment method of paying estimated tax. Under this method, your adjusted gross income, self-employment income and alternative minimum taxable income at the end of each quarterly tax payment period are projected forward for the entire year. Estimated tax is paid based on these annualized amounts if the payment is lower than the regular estimated payment. Any decrease in the amount of an estimated tax payment caused by using the annualized installment method must be added back to the next regular estimated tax payment.

Determining estimated taxes can be complicated, but the penalty can be avoided with proper attention. Please contact us at (949) 453-1521 or taxalert@maxwellcompany.com if we can help you determine whether you owe estimated taxes$$

Tax Impact of Health Care Law

Plan now for the tax impact of the health care law

Did you adopt the wait-and-see approach to tax planning this summer? With the Supreme Court decision on the health care act removing a level of uncertainty and the end of the year approaching, it’s time to stop waiting and start doing.

Here are three questions to consider.

• How will the increased medical deduction threshold affect me? Beginning in 2013, your unreimbursed medical expenses will have to exceed 10% of your adjusted gross income in order to claim an itemized deduction, unless you’re 65 or over. For your 2012 federal income tax return, the threshold is still 7.5%.
  
  
  Tip: Consider shifting elective medical expenses into 2012.

• Should I convert my Roth in 2012? Starting January 2013, a 3.8% tax on unearned income such as capital gains, dividends, and interest applies if your modified adjusted gross income (MAGI) is more than $200,000 ($250,000 for married filing jointly). Distributions from Roths do not increase your MAGI - but conversions do.
  
  
  To do: Calculate your tax exposure before year-end.

• Will the additional Medicare tax on earned income apply to me? The new 0.9% Medicare surtax takes effect in January 2013, and will apply when your compensation and self-employment income exceeds $200,000 ($250,000 when you’re married filing jointly). Your employer is only required to take your wages into consideration when withholding the tax.
  
  
  Result: Your estimated tax payments or withholding amounts might need to be adjusted next year.

Please call us at (949) 453-1521 or email us at taxalert@maxwellcompany.com to discuss how the health care law will affect your taxes for 2012 and future years $$

2011 Schedule C changes

Note these 2011 Schedule C changes

Tax laws and information reporting requirements continue to change — and so do tax forms. Schedule C, the form you include with your federal tax return to report income from your sole proprietorship, is no exception.

Here are two changes to the 2011 Schedule C.

New informational questions. Did you pay rent or hire an independent contractor to perform services for your business during 2011? For payments to certain vendors that total more than $600, you're required to complete Form 1099-MISC — and the IRS wants to make sure you do. Two new questions on the 2011 Schedule C ask about your information return filing responsibilities.

New reporting for gross receipts. You might have noticed Line 1a, merchant card and third party payments, in the income section of your Schedule C.Ignore it.Why? The requirement for reporting this category of receipts separately from other types of income was suspended after Schedule C was printed. For 2011, you can report your total sales on Line 1b, gross receipts or sales.That's true even if you get one or more Forms 1099-K, the new information return that shows the amounts your business received during 2011 from credit card sales or third party networks such as PayPal.

Got other questions about the new Schedule C? Give us a call at (949) 453-1521 or email us at taxalert@maxwellcompany.com We'll keep you up to date with the latest developments$$

Health Insurance Premium Credit

Is your business eligible for the health insurance premium credit?

February, 2012

Remember the postcard you got from the IRS last year introducing the health insurance premium credit for small businesses? To paraphrase the old song, there's no letter in the mail for you this year.

Your business can still get the credit, though. When you qualify, you can use it to offset your federal income tax liability by up to 35% of the cost of health insurance premiums you pay for employees.

Three general tests for eligibility are:
Employing fewer than 25 "full time equivalent" employees.
Paying average annual wages of less than $50,000.
Paying at least 50% of health insurance premiums for those employees.
Each test has specific requirements. For example, you may qualify for the credit, in full or in part, when you have more than 25 employees. That's because "full time equivalent" is based on hours your employees worked during the year.

In addition, some employees aren't counted for purposes of the credit, such as seasonal staff who were on the payroll for less than 120 days. Other excluded workers are sole proprietors, owner/employees, and shareholders who own more than 2% of the stock of an S corporation.
According to a recent report, many businesses that qualify for the health insurance premium credit fail to take it. Give us a call at (949) 453-1521 or email us at taxalert@maxwellcompany.com. We'll make sure you get full benefit of all the tax breaks available to you$

How to be "audit ready"

February 2012

How to be "audit ready"

No one likes to see a policeman's flashing lights in the rearview mirror, and no one likes to receive a phone call or letter from the dreaded auditor. But if you operate a business or your organization receives federal or state grants, at some point you may find auditors making that contact. And while it's true that only a small percentage of individual taxpayers suffer through an IRS audit in any given year, it makes sense to be prepared—just in case. One key to being ready is knowing how auditors think.

Why can't they just take my word for it? Auditors are trained to be skeptical. In fact, they're required by professional standards to maintain questioning minds while performing their duties. They don't necessarily assume that you're dishonest, but they won't put much stock in your honest face and sparkling personality either. If you claim a deduction for charitable contributions, for example, an auditor doesn't really care whether or not you're a generous person. He or she will want to see proof that you actually donated the amount of money that's listed on your tax return. If your business says it incurred certain expenses while entertaining clients, the auditor may need to examine actual restaurant receipts. To an experienced auditor, skepticism is second nature. Don't take it personally.

Show me the documents. Auditors love documentation. It makes their job easier. When you can put your hands on an invoice that exactly matches the amount claimed on your federal form, you may actually bring a smile to an auditor's face. On the other hand, if he or she asks for supporting documents and you hem and haw and search for hours, be prepared for trouble. They're not mad at you. They just have a job to do, and the burden of proof is on you. The best way to prepare for an audit is to maintain good records throughout the year. Stay organized. Know how to find your documents and be ready to support every number claimed.

Having good records and thinking like an auditor can make actually going through an audit much easier. If you need assistance at any point, contact our office at (949) 453-1521 or email us at taxalert@maxwellcompany.com$$

Keys to getting a small business loan

January 2012

Keys to getting a small business loan
Before a start-up company can begin producing revenue, it often needs an infusion of cash that exceeds owner contributions. Even long-established firms sometimes must borrow to purchase inventory, buy real estate, expand operations, meet payroll, or keep the lights on. When business owners turn to banks and other financial institutions for help, some are offered loans; others walk away empty handed.

Why the difference? If you've read the financial press in recent years, you know that many banks have been burned. Some with lax underwriting practices extended credit to companies that went bankrupt. Even some strong institutions failed when large loans weren't repaid. Those that survived may be licking their wounds and rethinking their lending practices. As a result, your bank may be reticent to extend credit to a company that lacks a proven track record or that's otherwise perceived as a bad risk.

But even if your bank is willing to extend credit, don't sabotage your efforts by failing to prepare adequately. Increase your chances of getting a business loan by following these suggestions:

Show that you have a detailed business plan. Putting your ideas, projections, and assumptions on paper can uncover gaps in your logic and flaws in your research. Your business plan should lay out market research, financial projections, start-up costs (if applicable), and assumptions. Show how you're going to spend every dollar of the loan proceeds to generate revenue. Consider the plan from the other side of the table. Would you lend money to a company that lacks a credible strategy?

Show that you're capable. Lenders must have confidence in you. Convince them. Show that the combination of your management team's education, skills, and work ethic will lead to success. To demonstrate your ability to repay the loan, you may be asked to share your credit report and tax returns. If you've struggled to meet prior obligations, be ready with explanations, including evidence of extenuating circumstances.

Show that you're invested. Lenders often look kindly on business partners who have pumped a substantial amount of their own savings into a company. Before applying for a business loan, plan to document that at least 25% of the firm's equity has come from the personal assets of its owners and investors. From a lender's perspective, such an investment demonstrates a commitment to see the company through hard times — and to pay back the loan.

Please call us at (949) 453-1521 or email us at taxalert@maxwellcompany.com if you have any questions$$

Are you an Active Participant?

January 16, 2012

Are you an active participant in your employer's retirement plan?

A "yes" answer can affect your federal income tax deduction for contributions to your traditional IRA.

For 2011 and 2012, the maximum contribution to a traditional IRA is $5,000 (plus an additional $1,000 when you're over age 50). When you're an active participant in your employer's plan, how much of that you can deduct may be limited.

Not sure of your status?

Look at the middle box on line 13 of Form W-2 — the one labeled "Retirement plan." When the box is checked, you're considered an active participant.

The next question — should the box be checked? — can cause confusion for both employers who prepare Form W-2 and employees who use Form W-2 to file tax returns.

That's because the rules differ for different types of plans. For example, when you're eligible to participate in a defined benefit plan, you're an active participant even if you choose to not take part. Your eligibility is enough to trigger "active" status.

For 401(k) plans, you're an active participant when you elect to make contributions. If you decide not to contribute, you may still be considered an active participant, depending on what other amounts were allocated to your account during the year.

Please call us at (949) 453-1521 or email us at taxinfo@maxwellcompany.com if you need more information about the meaning of active participation. We're ready to help$$

Tips for building wealth

September 2011

Some wealthy folks hail from a long line of aristocrats and industrial magnates. A lucky few win the lottery. But about 80% of the millionaires in America are "first generation" rich. They're the first in their families to have attained a high net worth through traditional means. How did they do it? Many of these folks developed small businesses over decades; others earned advanced degrees in demanding fields. Most followed simple principles that the rest of us can apply, including the following.

Avoid debt. If you can pay cash for an item, do so. Only take out loans for items that will likely generate a return on investment, like a house or an education. Paying interest leaves less money in your pocket for building wealth.
Invest in equities. With the volatility of the stock market in recent months, many people are pumping their money into bank accounts, certificates of deposit, and Treasury notes. If you have a long term horizon (say, five years or more until you'll need the funds), a well-diversified portfolio of stock mutual funds is still likely to be a wise choice.
Value education. Especially in certain professional fields (such as business, engineering, healthcare, and law), you can expect a college degree to pay off over time.
Live within your means. As the old saying goes, "You can't get ahead if you're always behind." Curbing your spending habits requires discipline. Watching your neighbor park his latest toy in the driveway (often purchased on the installment plan) may be irritating. But building long-term wealth isn't about keeping up with the Joneses.
Pay yourself first. If your company offers a 401(k) plan, contribute as much as possible directly from your paycheck. If you're in business for yourself or work for a company that doesn't offer a retirement plan, investigate other retirement plan options and make annual contributions.
Work hard. Never underestimate the value of your own labor. Life isn't always fair, and some lazy people have risen to the top. But most folks who have developed profitable businesses or found success in their professions have earned that position by focusing their energies over long periods.
Don't give up. Along the way, you're certain to encounter obstacles — unanticipated expenses, job losses, market setbacks, unappreciative bosses. Don't let them sidetrack you from your financial goals.

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