Unemployed hold cardboard box and laptop bag, dossier and drawing tube in box. Quitting a job, businessman fired or leave a job concept.

Beware: The Dangers of Underpayment Penalties That Could Cost You Big This Tax Season

Tax planning is a crucial aspect of financial management, yet it often remains underestimated by many taxpayers. One area that frequently causes confusion and potential financial strain is the management of estimated tax payments and the associated penalties for underpayment. Understanding the intricacies of estimated tax safe harbors, the requirement for payments to be made ratably, and the strategies to mitigate penalties can significantly impact a taxpayer’s financial health. This article delves into these topics, offering insights into how taxpayers can navigate these challenges effectively.

Understanding Underestimated Penalties – Underpayment penalties can catch taxpayers off guard, especially when they fail to meet the required estimated tax payments. The IRS imposes these penalties to encourage timely tax payments throughout the year, rather than a lump sum at the end. The penalty is essentially an interest charge on the amount of tax that should have been paid during the year but wasn’t. This penalty can be substantial, especially for those with fluctuating incomes or those who experience a significant increase in income without adjusting their estimated payments accordingly. While most wage-earning taxpayers have enough tax withheld from their paychecks to avoid the underpayment penalty problem, those who also have investment income or side gigs may find their withholding isn’t enough to meet the prepayment requirements to avoid a penalty.

Estimated Tax Penalty Amount – The IRS sets the interest rates for underpayment penalties each quarter.  It is equal to the federal short-term interest rate plus 3 percent. With the recent rapid rise in interest rates the underpayment interest rate for each quarter of 2024 is a whopping 8%, the highest it has been in almost two decades. Something you should be concerned about if you expect your withholding and estimated tax payments to be substantially underpaid.   

Estimated Tax Due Dates – For individuals, this involves using Form 1040-ES to make the payments, generally on a “quarterly” basis. 

The estimated tax payment schedule for individuals and certain other taxpayers is structured in a way that does not align with the even quarters of the calendar year. This is primarily due to the specific due dates set by the IRS for these payments. For 2024, the due dates for estimated tax payments are as follows:

  1. First Quarter: Payment is due on April 15, 2024. This payment covers income earned from January 1 to March 31.
  2. Second Quarter: Payment is due on June 17, 2024. This payment covers income earned from April 1 to May 31. Note that this period is only two months long, which contributes to the uneven nature of the quarters.
  3. Third Quarter: Payment is due on September 16, 2024. This payment covers income earned from June 1 to August 31.
  4. Fourth Quarter: Payment is due on January 15, 2025. This payment covers income earned in the four months of the period September 1 to December 31.

 Note, these payment due dates normally fall on the 15th of the month. However, whenever the 15th falls on a weekend or holiday, the due date is extended to the next business day.  

Estimated Tax Safe Harbors – To avoid underpayment penalties and having to make a projection of the expected tax for each payment period, taxpayers can rely on safe harbor rules. These rules provide a guideline for the minimum amount that must be paid to avoid penalties. Generally, taxpayers can avoid penalties if their total tax payments equal or exceed:

  • 90% of the current year’s tax liability or 
  • 100% of the prior year’s tax liability.

However, for higher-income taxpayers with an adjusted gross income (AGI) over $150,000, the safe harbor threshold of 100% increases to 110% of the prior year’s tax liability.

Ratable Payments Requirement – One critical aspect of estimated tax payments is the requirement for these payments to be made ratably throughout the year. This means that taxpayers should aim to make equal payments each “quarter” to avoid penalties. However, income is not always received evenly throughout the year, which can complicate this requirement. For instance, if a taxpayer receives a significant portion of their income in the latter part of the year, they may find themselves underpaid for earlier quarters, leading to penalties.

Uneven Quarters and Computing Penalties – The challenge of uneven income can be addressed by understanding how penalties are computed. The IRS calculates penalties on a quarterly basis, meaning that underpayments in one quarter cannot be offset by overpayments in a later quarter. This can be particularly problematic for those with seasonal or sporadic income. To mitigate this, taxpayers can use IRS Form 2210, which allows them to annualize their income and potentially reduce or eliminate penalties by showing that their income was not received evenly throughout the year.

Workarounds: Increasing Withholding and Retirement Plan Distributions

  • Increase Withholding – One effective workaround for managing underpayment penalties is to increase withholding for the balance of the year. Unlike estimated payments, withholding is considered paid ratably throughout the year, regardless of when the tax is actually withheld. This means that increasing withholding later in the year can help cover any shortfalls from earlier quarters.
  • Retirement Plan Distribution – Another strategy involves taking a substantial distribution from a retirement plan such as a 401(k) or 403(b) plan, which is subject to a mandatory 20% withholding requirement. The taxpayer can then roll the distribution back into the plan within 60 days, using other funds to make up the portion of the distribution which went to withholding. Tax withholding can also be made from a traditional IRA distribution, but this approach requires careful planning to ensure compliance with the one IRA rollover per 12-month period rule.
  • Annualized Exception – For taxpayers with uneven income, the annualized exception using IRS Form 2210 can be a valuable tool. This form allows taxpayers to calculate their required estimated payments based on the actual income received during each quarter, rather than assuming equal income throughout the year. By doing so, taxpayers can potentially reduce or eliminate underpayment penalties by demonstrating that their income was not received evenly.

Managing estimated tax payments and avoiding underpayment penalties requires careful planning and a thorough understanding of IRS rules and regulations. By leveraging safe harbor provisions, understanding the requirement for ratable payments, and utilizing strategies such as increased withholding and retirement plan distributions, taxpayers can effectively navigate these challenges.

If you are expecting your pre-payment of tax to be substantially underpaid and wish to develop a strategy to avoid or mitigate underpayment penalties, please contact this office.  But if you wait too late in the year, it might not provide enough time before the end of the year to make any effective changes. 

There are special rules for qualifying farmers and fishermen, who may have different requirements and potential waivers for underpayment penalties; contact our office for details.

Using tablet pc, Consultant between bookkeepers and accounting lawyer consultation about asset, balance sheet, stock market statistics and yearly tax law, protect business from bribery.

Top Year End Tax Strategies to Boost Your Business Bottom Line

As the year draws to a close, small business owners have a unique opportunity to implement strategies that can significantly reduce their tax liability for the upcoming year. By taking proactive steps in the final months, businesses can not only minimize their tax burden but also streamline their financial operations. Here’s a comprehensive guide on actions you can take to optimize your tax situation for 2024.

1. Accelerate Business Expenses

One of the most effective ways to reduce taxable income is to accelerate business expenses. Consider purchasing office equipment, machinery, vehicles, or tools before the year ends. By doing so, you can take advantage of Section 179 expensing or bonus depreciation.

  • Section 179 Expensing: This allows businesses to deduct the full purchase price of qualifying equipment and software purchased or financed during the tax year. For 2024, the deduction limit is again substantial, allowing businesses to deduct up to $1,220,000 of eligible property. This can include machinery, office furniture, and certain business vehicles. That limit phases out dollar-for-dollar once the amount of section 179 property placed in service during the tax for year exceeds $3,050,000. This means that a business can no longer claim section 179 expensing in 2024 if it places in service $4,270,000 or more of expense-eligible property. Property eligible for 179 expensing includes:

 •   Generally, machinery and equipment, depreciated under the MACRS rules, regardless of its depreciation recovery period,

•    Off-the-shelf computer software,

•    Qualified improvements to building interiors, and

•    Roofs, HVAC systems, fire protection systems, alarm systems, and security systems.

  • Bonus Depreciation: In addition to Section 179, businesses can use bonus depreciation to write off a significant portion of the cost of new and used business assets. For 2024, the bonus depreciation allows 60% of an asset’s cost to be expensed. That is down from 80% in 2023 and will further reduce to 40% for purchases in 2025.

Qualifying property includes tangible property depreciated under MACRS with a recovery period of 20 years or less and most computer software.   

2. Review and Adjust Payroll

If you have employees, reviewing your payroll can provide additional tax savings. Consider the following:

  • Reasonable Compensation for S-Corporation Shareholders: If you are a shareholder in an S-Corporation, ensure that you are paying yourself a reasonable salary. This affects your Section 199A deduction and payroll taxes. The IRS requires that S-Corporation shareholders receive reasonable compensation for services provided.
  • Year-End Bonuses: Consider issuing bonuses before the year ends. Bonuses are deductible in the year they are paid, reducing taxable income. However, year-end bonuses are considered supplemental wages and are subject to payroll taxes and withholding. Ensure that bonuses are processed through payroll to account for withholding taxes.

3. Manage Inventory and Cost of Goods Sold

For businesses that maintain inventory, managing your year-end inventory levels can impact your taxable income. Consider the following strategies:

  • Inventory Write-Downs: If you have obsolete or unsellable inventory, consider writing it down. This reduces your taxable income by increasing the cost of goods sold.
  • Year-End Inventory:  From a tax perspective, the value of your ending inventory affects your taxable income. A larger ending inventory increases your taxable income because it reduces the cost of goods sold (COGS), while a smaller ending inventory decreases taxable income by increasing COGS. Therefore, if your goal is to reduce taxable income, you might prefer to have a smaller inventory at year-end.

4. Optimize Retirement Contributions

Contributing to retirement plans is a powerful way to reduce taxable income while planning for the future. Consider the following options:

  • SEP IRAs and Solo 401(k)s: If you are self-employed, you can contribute up to 25% of your net earnings to a SEP IRA, with a maximum contribution limit of $69,000 for 2024. Solo 401(k) plans also offer significant contribution limits, allowing both employee and employer contributions.
  • Catch-Up Contributions: If you are over 50, take advantage of catch-up contributions to increase your retirement savings and reduce taxable income.
  • Contribution Due Dates: SEP IRA contributions must be made by the due date of your business’s tax return, including extensions.

For 401(k) contributions, employee elective deferrals must be made by the end of the calendar year (December 31, 2024) to count for that tax year. However, employer contributions, such as matching or profit-sharing contributions, can be made by the due date of the employer’s tax return, including extensions, for the 2024 tax year.

5. Charitable Contributions

Making charitable contributions before the end of the year can provide tax benefits. C corporations can directly deduct charitable contributions on their corporate tax returns. The deduction is generally limited to 10% of the corporation’s taxable income.

However, Sole Proprietorships, Partnerships, and S Corporations can not directly deduct charitable contributions as business expenses. Instead, the deduction is passed through to the individual owners, partners, or shareholders, who can then claim the deduction on their personal tax returns if they itemize deductions. Thus, they do not reduce the   business’s taxable income or income of the owners that’s subject to Social Security or self-employment tax.

For 2024, individuals can deduct cash contributions up to 60% of their adjusted gross income.

6. Business Advertising

Advertising expenses are generally considered ordinary and necessary business expenses. As such, they are fully deductible on a business’s tax return. This includes costs associated with promoting the business through various media, sponsorships, and events where the primary intent is to advertise the business.

However, the distinction between advertising and charitable contributions can be unclear. Business advertising is defined as an expense to promote the business and generate revenue. Whereas charitable contributions are made with the intent of supporting a charitable cause or organization without expecting a direct business benefit in return. 

Example: If a business donates money to a local food bank without receiving any advertising or promotional benefit, this is considered a charitable contribution. The business does not expect to receive a direct financial return from the donation.

7. Filing Obligations and Compliance

As you prepare for year-end, ensure that you are compliant with all filing obligations:

  • Beneficial Ownership Reporting: If your business is required to report beneficial ownership information, ensure that you have gathered the necessary details. This includes information about individuals who own or control the company.

The FinCEN Beneficial Ownership Information (BOI) report filing has specific due dates depending on when a business is created or registered. For existing businesses that were in operation before January 1, 2024, the initial BOI report must be filed by January 1, 2025. For new businesses created or registered between January 1, 2024, and December 31, 2024, the report is due within 90 calendar days from the date the business receives actual or public notice of its creation or registration. Starting January 1, 2025, newly created or registered businesses have 30 calendar days from the effective date of their creation or registration to file their initial BOI reports. These deadlines are crucial for compliance and avoiding potential penalties.

  • Information Returns: Prepare for filing information returns, such as Form 1099-NEC for non-employee compensation. Ensure that you have collected Social Security Numbers (SSNs) or Taxpayer Identification Numbers (TINs) from all independent contractors. Independent Contractors should be required to complete Form W-9 before beginning work. If that was not done originally, make sure to collect them so the 1099-NEC forms can be properly and timely filed in January.
  • Estimated Tax Payments: If you or your business is required to make estimated tax payments, ensure that these are up to date to avoid penalties.

8. Tax Credits and Incentives

Explore available tax credits and incentives that can reduce your tax liability:

  • Research and Development (R&D) Tax Credit: If your business engages in research and development activities, you may qualify for the R&D tax credit. This credit can offset income tax liability and, in some cases, payroll tax liability.
  • Energy Efficiency Credits: Consider investing in energy-efficient equipment or renewable energy systems. Federal and state governments offer credits for businesses that make energy-efficient upgrades.

9. Employee Gifts

Employee gifts are a common practice in many organizations, especially during the holiday season or as a token of appreciation for hard work and dedication. However, when it comes to gifting employees, businesses must consider the tax implications of such gestures.  Generally, they are deductible by the business but may or may not be included in the wage income of the employee, as explained here:

  • Cash Bonuses: These are often the most appreciated form of gift, as they provide employees with the flexibility to use the money as they see fit. However, cash bonuses are considered taxable income and are subject to payroll taxes and withholding.
  • Gift Cards and Certificates: These are popular because they offer a degree of choice to the recipient. However, if they are easily convertible to cash, they are also considered taxable income.
  • Non-Cash Gifts: Items such as company merchandise, holiday baskets, or event tickets can be considered de minimis fringe benefits if they are of low value and given infrequently, making them non-taxable.

10. Disaster Loses

A disaster loss refers to a financial loss incurred by a taxpayer due to a federally declared disaster. Taxpayers who experience such losses in 2024 have the option to make an election to deduct the loss on their 2023 tax return instead of waiting to claim it on their 2024 return. This election can provide quicker financial relief by potentially generating a tax refund for the prior year.

It your business or you personally were affected by any of many disasters in 2024, that can impact your year-end strategies and your overall tax planning for 2024.  

By implementing these strategies in the final months of the year, small businesses can significantly reduce their 2024 tax liability. From accelerating expenses to managing inventory and exploring tax credits, there are numerous opportunities to enhance your tax efficiency. Stay proactive, remain compliant with filing obligations.

If you would like to explore how these year-end strategies might benefit your business, please consult with our office.

a black business suit jacket with white shirt and red tie, man n

What to Expect from Potential Tax Changes Under President Trump’s New Term – and How to Prepare

As tax professionals, we know that changes in leadership often bring shifts in tax policy, affecting everything from deductions and exemptions to estate taxes and business regulations. With President Donald Trump’s recent re-election, we may see updates to tax policy based on his prior administration’s actions and new proposals. For individuals and businesses alike, understanding these changes and planning ahead could make a substantial difference in tax savings and financial efficiency.

In this article, we’ll explore what tax policies may be on the horizon, including proposed extensions of the Tax Cuts and Jobs Act (TCJA) and potential new deductions and exemptions. Keep in mind that while these policies aren’t yet set in stone, we’re here to provide insight and preparation strategies for our clients. As always, we encourage you to contact our office with any questions on tax planning and potential impacts on your situation.

1. Extending the Tax Cuts and Jobs Act (TCJA) Provisions for Individuals

The TCJA introduced significant tax cuts in 2017, benefiting both individuals and corporations. However, many of these provisions are set to expire after 2025. President Trump’s recent policy stance suggests a priority to make these individual tax cuts permanent, which could mean continued benefits for many taxpayers, especially those in middle to high-income brackets. Some key areas that could be impacted if the TCJA provisions are extended include:

  • Itemized Deductions: This could mean the ongoing suspension of certain itemized deductions, including the phase-out of the deduction limit for specific items, as well as limitations on deductions for personal casualty losses.

  • Charitable Contributions: The increased percentage limit for cash contributions to public charities (from 50% to 60%) may remain, offering more generous opportunities for tax savings through charitable giving.

  • Home-Related Deductions: The qualified residence interest deduction could see changes, with limits on home equity interest deductions continuing.

  • Student Loan Assistance: Extended provisions could retain exclusions for certain student loan discharges and employer-provided student loan assistance, helping borrowers manage debt with some tax relief.

How to Prepare: Individuals can start by reviewing their deductions and contributions, especially if charitable giving or homeownership is part of their financial strategy. Planning around these extended provisions could help you maximize deductions and reduce taxable income.

2. Changes to Exemptions and Exclusions

Trump’s proposals include expanding certain exclusions and exemptions, aiming to simplify tax calculations and provide relief for specific income sources. Here are a few areas that may see changes:

  • Social Security Benefits, Tips, and Overtime Pay: A proposed exemption for these income sources could reduce taxable income for many taxpayers, especially those nearing retirement or working in overtime-intensive industries.

  • Increased Estate and Gift Tax Exemptions: This change would further raise the threshold for estate and gift tax liabilities, benefiting high-net-worth individuals and families looking to pass on wealth without a significant tax burden.

How to Prepare: Consider incorporating these potential exemptions into your income planning strategy. For high-income earners, this could mean updating estate plans and exploring additional wealth transfer strategies to maximize potential tax savings.

3. Eliminating the SALT Cap

One of the more contentious aspects of the TCJA was the $10,000 cap on state and local tax (SALT) deductions, which many argue disproportionately impacted taxpayers in high-tax states. Trump’s new policy proposals include a complete removal of this cap, allowing taxpayers to deduct the full amount of their state and local taxes from their federal taxable income.

How to Prepare: If the SALT cap is lifted, taxpayers in high-tax states may see a notable decrease in taxable income. Adjusting your withholding and revisiting your quarterly tax estimates could be beneficial if this change comes into effect.

4. Business Deductions Restored

For business owners, several deductions that have been phased out or limited may make a comeback:

  • 100% Bonus Depreciation: This popular provision, which allows businesses to deduct the entire cost of eligible assets in the year they’re placed in service, is currently phasing out. A potential extension would allow business owners to continue taking full deductions, increasing cash flow, and incentivizing investment in new equipment.

  • R&D Expensing: Returning this deduction in full could help companies that invest heavily in innovation by allowing them to immediately expense their R&D costs, rather than amortizing them over several years.

  • Interest Deduction (EBITDA-Based): By returning to a more favorable interest expense deduction tied to EBITDA (earnings before interest, taxes, depreciation, and amortization), more businesses may be able to deduct interest costs, especially in capital-intensive industries.

How to Prepare: Business owners should consider the potential cash flow benefits of these restored deductions and plan their purchasing and financing strategies accordingly. Speaking with our office can help determine the optimal timing for asset purchases and other significant expenditures.

5. New Import Tariffs

A notable addition to Trump’s tax policies includes a proposed 20% universal tariff on all U.S. imports, which could affect businesses that rely on imported goods and materials. While this tariff is primarily aimed at boosting domestic production, it could also mean increased costs for companies that rely on foreign suppliers.

How to Prepare: For businesses with an international supply chain, now is the time to evaluate options for sourcing domestically or working with U.S.-based suppliers. This could mitigate the impact of higher costs due to import tariffs.

6. Additional Potential Deductions and Credits

Several additional provisions aim to provide taxpayers with more deductions and credits, such as an auto loan deduction and enhanced employer benefits, including tax-free student loan payments. These provisions could provide relief for specific spending areas and reduce taxable income for certain taxpayers.

How to Prepare: These deductions could offer substantial benefits, especially for families with college expenses and those managing large debts. Working with our experts to incorporate these into your tax plan could lead to considerable savings.

Start Planning Now for Potential Tax Changes

Navigating tax policy changes can be complex, but proactive planning can make all the difference in maximizing benefits and minimizing liabilities. At our office, we stay informed about upcoming tax developments to help clients make well-informed financial decisions.

If you’re interested in how these potential tax changes might affect your personal or business taxes, we’re here to help. Contact our office today to discuss tailored tax planning strategies that keep you ahead of the curve.

Digital analytics data visualization, financial schedule, monitor screen in perspective

Essential Year End Stock Strategies for Savvy Investors

As the year draws to a close, taxpayers with substantial stock holdings have a unique opportunity to engage in strategic planning to optimize their tax positions. This article explores various strategies, including understanding the annual loss limit, navigating wash sale rules, recognizing gains and losses, donating appreciated securities, managing employee stock options, dealing with worthless stock, leveraging the zero capital gain rate, and netting gains and losses.

Annual Loss Limit – The Internal Revenue Service (IRS) allows taxpayers to offset capital gains with capital losses. If losses exceed gains, up to $3,000 ($1,500 if married filing separately) can be deducted against other income. Any remaining losses can be carried forward to future years. This annual loss limit is crucial for taxpayers with significant stock holdings, as it provides a mechanism to reduce taxable income and potentially lower tax liability.

Navigating Wash Sale Rules – The wash sale rule is designed to prevent taxpayers from claiming a tax deduction for a security sold at a loss and then repurchased right away. A wash sale occurs when a taxpayer sells a security at a loss and repurchases the same or substantially identical security within 30 days before or after the sale. If a wash sale is triggered, the loss is disallowed for tax purposes and added to the cost basis of the repurchased security. To avoid this, taxpayers should plan sales carefully, ensuring that any repurchase occurs outside the 61-day window surrounding the sale date.

Recognizing Year-End Gains and Losses – Timing is critical when recognizing gains and losses. Taxpayers should evaluate their portfolios to determine which securities to sell before year-end. Selling securities at a loss can offset gains realized earlier in the year, reducing overall tax liability. Conversely, if a taxpayer expects to be in a higher tax bracket in the future, it might be advantageous to recognize gains in the current year when the tax rate is lower.

Donating Appreciated Securities – Donating appreciated securities to a tax-exempt organization can be more beneficial than selling the securities and donating the cash proceeds. By donating the securities directly, taxpayers can avoid capital gains tax on the appreciation and claim a charitable deduction for the fair market value of the securities. This strategy is particularly advantageous for taxpayers who have held the securities for more than one year, as it maximizes the tax benefits associated with charitable giving.

Managing Employee Stock Options – Taxpayers with unexercised employee stock options should consider year-end strategies to optimize their tax outcomes.

  • Non-qualified stock options (NSOs) – Exercising NSOs before year-end can accelerate income recognition, potentially taking advantage of lower tax rates. For example:
  • Zero Capital Gains Rate:
  1. If your taxable income is low enough to fall within the 0% long-term capital gains tax bracket, you can potentially sell appreciated assets, such as stocks acquired through exercising options, without incurring any capital gains tax. This is particularly advantageous if you have held the stock for more than a year, qualifying it for long-term capital gains treatment.
  2. This strategy requires careful planning to ensure your total taxable income remains below the threshold for the 0% rate. It’s important to consider all sources of income and deductions to accurately project your taxable income for the year.
  3. Lower Income Year:
  1. In a year where your income is unusually low, perhaps due to unemployment, reduced work hours, or other factors, you might find yourself in a lower tax bracket. This can be an opportune time to exercise stock options because the income from exercising options will be taxed at a lower rate.
  2. Additionally, if you have any capital losses, they can be used to offset capital gains, further reducing your tax liability.
  3. Exercising Options in Smaller Batches:
  1. Instead of exercising all your stock options at once, consider doing so in smaller batches over multiple years. This approach can help you stay within lower tax brackets each year, minimizing the overall tax impact.
  2. By spreading out the exercise of options, you can manage your taxable income more effectively, potentially keeping it within the limits for lower tax rates.
  3. Incentive Stock Options (ISOs) – Exercising ISOs and holding the shares for more than one year can qualify for long-term capital gains treatment. However, taxpayers should be mindful of the alternative minimum tax (AMT) implications associated with ISOs.

Dealing with Worthless Stock – If a stock becomes worthless, taxpayers can claim a capital loss for the entire cost basis of the stock. To qualify, the stock must be completely worthless, with no potential for recovery. Taxpayers should document the worthlessness of the stock and claim the loss in the year it becomes worthless. This strategy can provide a significant tax benefit by offsetting other capital gains or ordinary income.

Leveraging the Zero Capital Gain Rate – For most taxpayers in the 10% or 12% ordinary income tax brackets, the long-term capital gains tax rate is 0%. This presents an opportunity to realize gains on appreciated securities without incurring any tax liability. Taxpayers should assess their income levels and consider selling securities to take advantage of this favorable tax treatment, particularly if they anticipate moving into a higher tax bracket in the future.

Netting Gains and Losses – Netting gains and losses is a strategic approach to minimize tax liability. Taxpayers should review their portfolios to identify opportunities to offset gains with losses. If losses exceed gains, the excess can offset up to $3,000 ($1,500 for married filing separate taxpayers) of other income, with any remaining losses carried forward to future years. This strategy requires careful planning and record-keeping to ensure compliance with IRS regulations.

There are also tax advantages to matching long-term gains with short-term losses or vice versa. Here’s how it works:

  1. Offsetting Gains and Losses:
    • Short-term capital gains are taxed at ordinary income tax rates, which are typically higher than the rates for long-term capital gains.
    • Long-term capital gains benefit from lower tax rates, generally capped at 20%.
  2. Tax Strategy:
    • If you have short-term capital losses, you can use them to offset short-term capital gains first. This is beneficial because it reduces income that would otherwise be taxed at higher ordinary rates.
    • Similarly, long-term capital losses can offset long-term capital gains, which are taxed at lower rates.
  3. Optimal Matching:
    • Ideally, you want to use long-term capital losses to offset short-term capital gains. This strategy maximizes your tax benefit because it reduces income taxed at higher rates.
    • Conversely, using short-term losses to offset long-term gains is less beneficial because it reduces income taxed at lower rates.

By strategically matching your gains and losses, you can potentially lower your overall tax liability. However, it’s important to consider your entire financial situation. 

In conclusion, year-end strategic planning offers taxpayers with substantial stock holdings a range of opportunities to optimize their tax positions. By understanding the annual loss limit, navigating wash sale rules, timing the recognition of gains and losses, donating appreciated securities, managing employee stock options, dealing with worthless stock, leveraging the zero capital gain rate, and netting gains and losses, taxpayers can effectively manage their tax liabilities and enhance their financial outcomes.

Contact our office to tailor these strategies to individual circumstances and ensure compliance with tax laws.

Picture1

Making Home Improvements? You May Qualify for a Substantial Tax Credit

The Internal Revenue Code Section 25C credit, also known as the Energy Efficient Home Improvement Credit, is a valuable tax incentive for homeowners who make qualifying energy-saving improvements to their existing homes. This credit has undergone several modifications since its inception in 2006, with significant changes introduced by the Inflation Reduction Act (IR Act). Don’t confuse this credit with the one for installing home solar systems, which is in Sec 25D of the tax code. This article delves into the details of the Sec 25C credit, including credit percentages, qualified items, annual limits, home energy audits, qualifying homes, basis adjustments, and more. 

Credit Percentage – For years 2022 through 2032 the credit is 30% of the sum of the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during that year in a home used by the taxpayer as their principal residence.  

Specific Qualified Items and Per Item Annual Limits – The following energy-efficient home improvements are eligible for the Energy Efficient Home Improvement Credit:

Components Subject to an Annual $1,200 Aggregate Credit Limit:

Windows and Skylights: $600 annual limit.

Exterior Doors: $250 per door, up to a total of $500 for all exterior doors.

Central Air Conditioners, Natural Gas, Propane, or Oil Water Heaters, and Furnaces: $600

Components Subject to an Annual $2,000 Aggregate Credit Limit:

Heat Pumps and Biomass Stoves and Boilers. 

Home Energy Audits – 30% of costs, up to a $150 annual limit.

Annual Credit Limits, $1,200 vs. $2,000 – The Sec 25C credit has two primary annual limits:

  • $1,200 Annual Limit: This limit applies to most energy-efficient home improvements, including windows, skylights, exterior doors, and residential energy property expenditures. The $1,200 limit can be increased by up to $150 for a home energy audit, making the maximum potential credit $1,350 in a year when an audit is conducted.
  • $2,000 Annual Limit: This higher limit applies specifically to heat pumps, heat pump water heaters, and biomass stoves and boilers.

Home Energy Audits – A home energy audit is an inspection and written report that identifies the most significant and cost-effective energy efficiency improvements for a dwelling unit. The audit must be conducted by a certified home energy auditor. The credit for a home energy audit is 30% of the cost, up to $150. Taxpayers can claim this credit once per year.  

Qualifying Homes – Credit is only allowed for components installed in or on a dwelling unit located in the United States, and for energy-efficient building envelope components such as insulation and exterior windows and doors, the taxpayer must own and use the home as the heir principal residence. In addition, the energy-efficient property must reasonably be expected to be in use for at least 5 years.  

For home energy audits, the taxpayer must own the home oruse it as a principal residence. 

To claim a credit for the costs of certain types of water heaters, heat pumps, central air conditioners, furnaces, hot water boilers, stoves, boilers, and electric system improvements and replacements (collectively termed residential energy property), the taxpayer must use the home as a residence, but does not have to own the home or use it as a principal residence.

  • Manufactured Homes – The term “dwelling unit” includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations) (Sec 25C(c)(4))
  • Original Use -The original use of such component commences with the taxpayer.

Basis Adjustment Requirements – The basis of the property is increased by the amount of the expenditure and reduced by the amount of the credit. This creates a different basis for federal and state purposes where the state does not provide a credit or if it differs from the federal credit amount.

Nonrefundable Credit, AMT, and Carryover – The Sec 25C credit is a nonrefundable personal credit, meaning it can only reduce the taxpayer’s tax liability to zero but cannot result in a refund. The credit can offset the Alternative Minimum Tax (AMT). However, there is no carryover provision for unused credits; they must be used in the year they are claimed.

Manufacturer’s Certification and Qualified Product ID Number – Taxpayers can rely on a manufacturer’s certification that a component is eligible for the credit, provided the IRS has not withdrawn the certification. 

Starting after 2024, taxpayers must include the qualified product ID number of the item on their tax return for the year the credit is claimed. Omission of a correct product identification number is treated by the IRS as a mathematical or clerical error.

Differences Between Sec 25C Credit and Rebates – The Sec 25C credit is a federal tax credit claimed on the taxpayer’s tax return for the year the installation is made, while rebates are typically cash incentives provided by manufacturers, utilities, or government programs. Rebates reduce the out-of-pocket cost of the improvement, which in turn reduces the amount eligible for the credit. 

For example, if a taxpayer receives a rebate for purchasing an energy-efficient window, the cost of the window is reduced by the rebate amount before calculating the credit.

Installation Costs – For certain items qualified for the Section 25C credit, the cost of both installation labor and materials can count towards the credit. Specifically, the credit covers:

  • Residential Energy Property – This includes items such as heat pumps, biomass stoves, and biomass boilers. For these items, the credit is 30% of the costs, including labor, up to $600 for each item, provided they meet the energy efficiency requirements specified.
  • Building Envelope Components – This includes items like insulation, exterior windows, skylights and doors. However, for these components, the cost of installation labor is not included in the credit calculation—only the cost of the materials themselves is eligible.

Planning Modifications to Maximize Credits – Taxpayers can strategically plan their energy-efficient home improvements over several years to maximize the credits. By spreading out the improvements, taxpayers can take advantage of the annual limits each year.  

The Sec 25C credit for energy-efficient home modifications offers significant tax savings for homeowners who invest in energy-saving improvements. By understanding the credit percentages, qualified items, annual limits, and other requirements, taxpayers can make informed decisions and maximize their benefits. Whether it’s through home energy audits, upgrading heating systems, or installing new windows, the Sec 25C credit provides a valuable incentive for making homes more energy-efficient and reducing overall energy costs.

Please contact our office to see if and how you might benefit from this credit.

Adult senior 60s woman working at home at laptop. Serious middle aged woman at table holding document calculating bank loan payments, taxes, fees, retirement finances online with computer technologies

Essential Tax and Financial Planning Strategies for Boomers and Gen Xers Approaching Retirement

As Boomers and Gen Xers approach retirement, effective financial planning becomes crucial to ensure a comfortable and secure future. This article outlines essential tax and financial planning strategies tailored to the unique needs of individuals nearing retirement. By understanding and implementing these strategies, you can navigate the complexities of retirement planning with confidence.

Understanding Retirement Goals

Before diving into specific strategies, it’s important to clearly define your retirement goals. Imagine Jane, a 58-year-old marketing executive, who dreams of traveling the world and spending more time with her grandchildren. To achieve this, Jane needs to assess her retirement lifestyle expectations and estimate her retirement expenses. This foundational step helps in creating a realistic financial plan that aligns with her aspirations.

Maximizing Retirement Contributions

One of the most effective ways to prepare for retirement is to maximize contributions to retirement accounts. For those over 50, catch-up contributions allow you to contribute more to your 401(k) and IRA, helping to boost your retirement savings. Take the example of Tom, a 52-year-old engineer, who increased his 401(k) contributions by taking advantage of catch-up provisions. This strategic move significantly enhanced his retirement nest egg, providing him with greater financial security.

Tax-Efficient Withdrawal Strategies

Understanding the tax implications of your retirement accounts is essential. Required minimum distributions (RMDs) must be taken from traditional IRAs and 401(k)s starting at age 73 for years 2023 through 2032. Planning your withdrawals strategically can help minimize your tax burden. Consider the benefits of Roth IRAs, which offer tax-free withdrawals. For instance, Sarah, a 65-year-old business owner, diversified her retirement accounts by converting a portion of her traditional IRA to a Roth IRA. This allowed her to manage her tax liabilities more effectively during retirement.

Social Security Optimization

Maximizing Social Security benefits requires careful planning. Delaying benefits until age 70 can result in higher monthly payments. Evaluate your financial situation to determine the optimal time to claim Social Security. John, a 67-year-old teacher, decided to delay his Social Security benefits until age 70. This decision increased his monthly benefits, providing him with a more substantial income stream during retirement.

Healthcare and Long-Term Care Planning

Healthcare costs can be a significant expense in retirement. Ensure you understand Medicare options and consider supplemental insurance to cover additional costs. Planning for long-term care is also crucial, as these expenses can quickly deplete your savings. Mary, a 60-year-old nurse, invested in a long-term care insurance policy. This proactive step ensured that she would have the necessary resources to cover potential long-term care expenses, protecting her retirement savings.

Estate Planning Essentials

Estate planning is not just for the wealthy. Having a will and, if necessary, a trust, ensures your assets are distributed according to your wishes. Be aware of the tax implications of your estate plan to minimize the tax burden on your heirs. Consider the story of Robert, a 62-year-old entrepreneur, who established a trust to manage his estate. This not only provided clarity on asset distribution but also minimized estate taxes, ensuring a smoother transition for his heirs.

Investment Strategies for Retirement

As you approach retirement, your investment strategy should balance risk and return. Diversification and proper asset allocation can help protect your savings while still providing growth potential. Consider shifting to more conservative investments as you near retirement. Lisa, a 59-year-old financial analyst, rebalanced her investment portfolio to include more bonds and dividend-paying stocks. This strategy reduced her exposure to market volatility while still generating a steady income stream.

Managing Debt Before Retirement

Carrying debt into retirement can be risky. Develop a plan to pay down high-interest debt before you retire. Reducing your debt load can improve your financial security and provide peace of mind. Mark, a 55-year-old architect, focused on paying off his mortgage and credit card debt before retiring. This decision significantly reduced his monthly expenses, allowing him to enjoy a more financially stable retirement.

Selling a Company

For those who own a business, selling the company can be a significant part of retirement planning. Properly valuing the business, understanding the tax implications, and planning the sale can ensure you maximize the financial benefits. Consider the example of Susan, a 60-year-old small business owner, who sought professional advice to prepare her company for sale. By optimizing her business operations and understanding the tax consequences, Susan was able to sell her company at a premium, providing her with a substantial retirement fund.

It’s Not Too Late To Plan

Effective tax and financial planning is essential for Boomers and Gen Xers approaching retirement. By understanding your goals, maximizing contributions, planning tax-efficient withdrawals, optimizing Social Security, preparing for healthcare costs, managing debt, and considering the sale of a business, you can ensure a secure and comfortable retirement.

To navigate these complexities and tailor these strategies to your unique situation, seek professional advice from our office. Our experts can help you analyze best practices and develop a personalized financial plan that aligns with your retirement goals.

Photo of social security card with one hundred dollar bills. High quality photo

A Retiree’s Guide to Reducing Taxes on Social Security Benefits

Social Security benefits serve as a crucial financial backbone for millions of retirees, disabled individuals, and families of deceased workers in the United States. However, the taxation of these benefits often presents a complex landscape for beneficiaries. This article delves into the intricacies of how Social Security benefits are taxed, the conditions under which these benefits become taxable, and strategies to minimize tax liabilities.

These benefits are part of a social insurance program that provides retirement income, disability income, and survivor benefits. Funded through payroll taxes collected under the Federal Insurance Contributions Act (FICA) and the Self-Employment Contributions Act (SECA), the Social Security Administration administers these benefits. The retirement benefits an individual receives is based on their lifetime earnings in work in which they paid Social Security taxes, modified by other factors, especially the age at which benefits are claimed. Benefits are adjusted annually for inflation.

Taxation Thresholds and Conditions – The taxation of Social Security benefits is contingent upon the beneficiary’s “combined income,” which includes adjusted gross income, nontaxable interest, and half of the Social Security benefits. The Internal Revenue Service (IRS) uses this combined income to determine the portion of benefits subject to taxation.

For individuals, if the combined income falls between $25,000 and $34,000, up to 50% of the benefits may be taxable. Should the combined income exceed $34,000, up to 85% of the benefits could be taxable. For married couples filing jointly, these thresholds are set between $32,000 and $44,000 for up to 50% taxation, and above $44,000 for up to 85% taxation. When the combined income is less than $25,000 ($44,000 for married joint filers), none of the Social Security benefits are taxable, with an exception for some married taxpayers filing separate returns as noted below.

Railroad Retirement – The taxation rules that apply to Social Security benefits also apply to Railroad Retirement benefits. Railroad Retirement benefits are reported on Form RRB-1099 whereas Social Security benefits are reported on Form SSA-1099. 

Married Taxpayers Filing Separate – Some married taxpayers for one reason or another may choose not to file jointly and instead each spouse files a return using the status Married Taxpayer Filing Separately.  Married individuals filing separately generally face taxation on up to 85% of benefits, regardless of combined income, if they lived with their spouse at any point during the tax year.

Survivor Benefits – Social Security survivor benefits are payments made by the Social Security Administration (SSA) to the family members of a deceased person who earned enough Social Security credits during their lifetime. Eligible family members include widows, widowers, divorced spouses, children, and dependent parents.

These benefits are a crucial financial support for families who have lost a wage earner. However, many beneficiaries are unaware that these benefits may be subject to federal income tax, depending on various factors.

Survivor benefits can be taxable and the amount that is taxable is determined in the same manner as for a retiree as discussed previously based on the beneficiary’s total income and filing status. 

Children and Social Security Survivor Benefits – A child’s taxable Social Security benefits are treated as unearned income and subject to the Kiddie Tax rules and thus will generally be taxed at their parent’s top marginal tax rate.The Kiddie Tax is designed to prevent parents from shifting large amounts of investment income to their children to take advantage of the child’s lower tax rate.

  • If the child only receives Social Security benefits and has no other income, the benefits are typically not taxable, and the child may not need to file a tax return.
  • If the child has other income, the taxability of Social Security benefits depends on their “combined income.” Combined income includes the child’s adjusted gross income (AGI), nontaxable interest, and one-half of the Social Security benefits. Basically, the same way a retiree’s benefits are taxed. 

Strategies to Minimize Taxation – Beneficiaries can adopt several strategies to minimize the taxation of their Social Security benefits.

  • Income Planning – Adjusting the timing and sources of income can help keep combined income below the taxable thresholds. For example, delaying withdrawals from retirement accounts or strategically timing the sale of investments can reduce AGI. If required to take distributions from a traditional IRA or 401(k) account, only take the minimum amount required if possible.
  • Tax-Deferred Savings – Contributing to tax-deferred savings accounts, such as traditional IRAs or 401(k)s, can lower AGI, potentially reducing the taxable portion of Social Security benefits. Of course, this suggestion only applies to those who have earned income (wages, self-employment income).
  • Tax-Efficient Investments – Investing in tax-efficient vehicles, such as Roth IRAs or growth stocks that aren’t currently paying dividends, can generate income that doesn’t count toward combined income, thus reducing the taxability of Social Security benefits.  
  • Deductions and Credits – Taking advantage of all eligible tax deductions can lower AGI, which in turn can reduce the taxable portion of Social Security benefits.

Other Issues

  • Tax Withholding on SS BenefitsTaxpayers can elect tohave federal income tax withheld from their Social Security benefits and/or the SSEB portion of Tier 1 Railroad Retirement benefits. Use Form W–4V to choose one of the following withholding rates: 7%, 10%, 12%, or 22% of the total benefit payment (flat dollar amounts aren’t permitted).  Once completed, the W-4V form can either be mailed or faxed to the Social Security Administration.  
  • Same-Sex Married CouplesThe Supreme Court determined that same-sex couples have a constitutional right to marry in all states.  As a result, the Social Security Administration says that same-sex couples will be recognized as married for purposes of determining entitlement of Social Security benefits.  Therefore, their Social Security benefits are taxed the same way as for married taxpayers. 
  • Gambling & Social Security Taxation – For tax purposes gambling winnings are added to a taxpayer’s income while gambling losses are deducted as an itemized deduction. Thus, even if the gambling resulted in a net loss, the full amount of the gambling winnings is added to the combined income which can make more of the Social Security benefits be taxable or cause some of the benefits to be taxable at the higher 85% rate. 

Example: Suppose the combined income, without considering gambling income, for a married couple filing a joint return is $30,000. That is below the combined income Social Security taxable income threshold of $32,000. Thus, none of the couple’s Social Security benefits are taxable. However, suppose the couple are recreational gamblers and for the year had winnings of $20,000 and losses of $21,000 for a net gambling loss of $1,000. Because the gains and losses are not netted, the $20,000 of gambling winnings is added to the combined income, bringing it to $50,000, which makes nearly all the Social Security benefits taxable.     

To make matters even worse, if a taxpayer is covered by Medicare, the Medicare premiums are based on the taxpayer’s income two years prior, so the gambling winnings might very well also cause an increase in future Medicare premiums. If married taxpayers are both covered by Medicare, the increase would apply to each spouse.

  • Lump-Sum Payments – Some SS beneficiaries may receive a lump-sum payment that includes benefits for previous years. Special rules apply for reporting and taxing these payments, allowing beneficiaries to potentially reduce their tax liability.
  • State Taxes – While this article focuses on federal taxation, it’s important to note that some states also tax some or all Social Security benefits, which as of 2023 included Colorado, Connecticut, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, Rhode Island, Utah, and Vermont.
  • International Aspects and Treaties – The taxation of Social Security benefits also has international dimensions. The U.S. has entered tax treaties with several countries, which can affect how benefits are taxed for residents and nationals of those countries. For instance, benefits paid to individuals who are both residents and nationals of treaty countries may be exempt from U.S. tax.   

The taxation of Social Security benefits has evolved since its inception nearly 90 years ago, and future legislative changes could further impact how these benefits are taxed. Beneficiaries and financial planners must stay informed about these changes to effectively manage tax implications. This article includes issues in effect as of April 1, 2024.

If you have questions related to taxation of Social Security benefits, please contact our office.

Protect personal identity concept of privacy theft

Reclaim Your Life: Essential Steps to Overcome Identity Theft and Secure Your Future

In an era where digital transactions and online interactions have become the norm, the specter of identity theft looms large, posing significant challenges and potential financial hazards for individuals. Among the various forms of identity theft, tax-related identity theft is particularly insidious. It occurs when someone uses your stolen personal information, including your Social Security Number (SSN), to file a tax return in your name and claim a fraudulent refund. This not only jeopardizes your financial health but also complicates your tax obligations with the Internal Revenue Service (IRS). Understanding the steps to take in the aftermath of identity theft and recognizing the measures the IRS employs to protect taxpayers can mitigate the impact and help restore your financial integrity.

Signs of Tax-Related ID Theft

According to the IRS, any of the following tax-related issues could indicate that your ID has been compromised:

  • You get a letter from the IRS inquiring about a suspicious tax return that you did not file.
  • You can’t e-file your tax return because of a duplicate Social Security number. In this case you should file a paper tax return along with a Form 14039, Identity Theft Affidavit.
  • You get a tax transcript in the mail that you did not request.
  • You get an IRS notice that an online account has been created in your name.
  • You get an IRS notice that your existing online account has been accessed or disabled when you took no action.
  • You get an IRS notice that you owe additional tax or refund offset, or that you have had collection actions taken against you for a year you did not file a tax return.
  • IRS records indicate you received wages or other income from an employer you didn’t work for.
  • You’ve been assigned an Employer Identification Number, but you did not request an EIN.

Immediate Steps for Taxpayers

Report the Incident – If you suspect or know that your identity has been stolen, report the incident to the IRS immediately. You can do this by filing a Form 14039, Identity Theft Affidavit, which informs the IRS of the potential fraud. This step is crucial, as it alerts the IRS to scrutinize any tax return filed under your SSN more carefully. Form 14039 can be completed and submitted online at  f14039.pdf (irs.gov), faxed or mailed to the IRS.

Contact Other Agencies – Beyond the IRS, you should also report the identity theft to the Federal Trade Commission (FTC) at IdentityTheft.gov, which acts as a central reporting point for identity theft and offers a recovery plan. Additionally, alerting the Social Security Administration and the major credit bureaus (Equifax, Experian, and TransUnion) can help prevent further misuse of your personal information.

Secure Your Personal Information – Change passwords for your online accounts, especially those related to financial institutions and email. Ensure your computer has up-to-date antivirus software and consider a credit freeze or fraud alert on your credit reports to prevent new accounts from being opened in your name.

Stay Vigilant – Monitor your financial accounts and credit reports regularly for any unauthorized transactions or changes. This proactive approach can help you catch any further attempts at identity theft early.

How the IRS Protects Taxpayers

The IRS has ramped up its efforts to combat tax-related identity theft with a multi-faceted approach focusing on prevention, detection, and victim assistance.  The IRS continuously enhances its security measures to prevent identity thieves from filing fraudulent tax returns. This includes employing advanced data analytics to flag suspicious returns and improving authentication procedures for online services.

The IRS has dedicated over 3,000 employees to work on identity theft cases, with more than 35,000 employees trained to recognize and assist victims of identity theft. The agency uses sophisticated return-processing filters to identify returns that may be fraudulent, stopping the issuance of fraudulent refunds.

For individuals affected by tax-related identity theft, the IRS offers specialized assistance through its Identity Protection Specialized Unit (IPSU). It can issue an Identity Protection PIN (IP PIN) – a six-digit number that must be included on tax returns to verify the taxpayer’s identity in addition to their Social Security Number.

Initially, the IP PIN was available only to victims of identity theft or those who were deemed at significant risk of it. However, recognizing the escalating threat of identity theft, the IRS expanded the program, making it available to all taxpayers who wished to participate and could verify their identity.

The process of obtaining an IP PIN begins with the taxpayer verifying their identity with the IRS. This can be done online through the IRS’s Get an Identity Protection PIN (IP PIN) tool, a secure platform designed for this purpose. However, the process is rigorous, reflecting the seriousness with which the IRS treats the security of taxpayer information. For those unable to validate their identity online, alternative methods include submitting IRS Form 15227 for those with an adjusted gross income of $72,000 or less or requesting an in-person appointment at an IRS Taxpayer Assistance Center.

Once a taxpayer is issued an IP PIN, it becomes an essential part of their tax filing process. The IP PIN must be included on their federal tax returns, serving as a unique identifier that helps the IRS verify the taxpayer’s identity. By doing so, it prevents identity thieves from filing fraudulent tax returns using the taxpayer’s Social Security number. It’s important to note that the IP PIN is valid only for one calendar year and must be renewed annually. Each year, the IRS generates a new IP PIN for individuals in the program, which they can retrieve through the same secure IRS online tool or wait for a postal notification.

The significance of the IP PIN cannot be overstated for victims of identity theft. For those who have experienced the misuse of their Social Security number for tax fraud, the IP PIN acts as a safeguard for future tax filings. It ensures that even if their personal information is compromised again, the presence of the IP PIN will prevent fraudulent returns from being processed in their name. This not only protects the taxpayer’s refund but also aids in the broader fight against tax-related identity theft.

The journey to recovery after experiencing identity theft can be daunting, but taking decisive action and leveraging available resources can significantly ease the process. By promptly reporting the theft to the IRS and other relevant agencies, securing personal information, and staying vigilant, taxpayers can mitigate the impact of identity theft.

Please contact this office for assistance in dealing with the IRS in case of identity theft.

Wooden cubes with words HSA Health Savings Account Business and HSA concept.

How Health Savings Accounts Can Supercharge Your Tax Savings

In the labyrinth of financial planning and tax-saving strategies, Health Savings Accounts (HSAs) emerge as a multifaceted tool that remains underutilized and often misunderstood. An HSA is not just a way to save for medical expenses; it’s also a powerful vehicle for retirement savings, offering unique tax advantages. This article delves into who qualifies for an HSA, the tax benefits it offers, and how it can serve as a supplemental retirement plan.

Qualifying for a Health Savings Account – At the heart of HSA eligibility is enrollment in a high-deductible health plan (HDHP). As of the latest guidelines, for tax year 2024, an HDHP is defined as a plan with a minimum deductible of $1,600 for an individual or $3,200 for family coverage. The plan must also have a maximum limit on the out-of-pocket medical expenses that you must pay for covered expenses, which for 2024 is $8,050 for self only coverage and $16,100 for family coverage. But having an HDHP is just the starting point. To qualify for an HSA, individuals must meet the following criteria: 

  • Coverage Under an HDHP: You must be covered under an HDHP on the first day of the month.
  • No Other Health Coverage: You cannot be covered by any other health plan that is not an HDHP, with certain exceptions for specific types of insurance like dental, vision, and long-term care.
  • No Medicare Benefits: You cannot be enrolled in Medicare. This rule applies to periods of retroactive Medicare coverage. So, if you delay applying for Medicare and later your enrollment is backdated, any contributions to your HSA made during the period of retroactive coverage are considered excess, are not tax deductible and subject to penalty, if not withdrawn from the account.
  • Not a Dependent: You cannot be claimed as a dependent on someone else’s tax return.
  • Spouse’s Own Plan: Joint HSAs aren’t allowed; each spouse who is eligible and wants an HSA must open a separate HSA.

These criteria ensure that HSAs are accessible to those who are most likely to face high out-of-pocket medical expenses due to the nature of their health insurance plan, providing a tax-advantaged way to save for these costs.

It should also be noted that unlike IRAs, 401(k)s and other retirement plans, it is not necessary to have earned income to be eligible for an HSA. 

Tax Benefits of Health Savings Accounts – HSAs offer an unparalleled triple tax advantage that sets them apart from other savings and investment accounts:

  • Tax-Deductible Contributions: Contributions to an HSA are tax-deductible, reducing your taxable income for the year. This deduction applies whether you itemize deductions or take the standard deduction. Rather than being a tax deduction, HSA contributions made by your employer are just not included in your income.
  • Tax-Free Growth: The funds in an HSA grow tax-free, meaning you don’t pay taxes on interest, dividends, or capital gains within the account.
  • Tax-Free Withdrawals for Qualified Medical Expenses: Withdrawals from an HSA for qualified medical expenses are tax-free. This includes a wide range of costs, from doctor’s visits and prescriptions to dental and vision care, and even some over-the-counter medicine, whether or not prescribed.

The combination of these benefits makes HSAs a powerful tool for managing healthcare costs both now and in the future.

HSAs as a Supplemental Retirement Plan – While HSAs are designed with healthcare savings in mind, their structure makes them an excellent supplement to traditional retirement accounts like IRAs and 401(k)s. Here’s how:

  • No Required Minimum Distributions (RMDs): Unlike traditional retirement accounts, HSAs do not require you to start taking distributions at a certain age. This allows your account to continue growing tax-free indefinitely.
  • Flexibility for Non-Medical Expenses After Age 65: Once you reach age 65, you can make withdrawals for non-medical expenses without facing the 20% penalty that would apply to nonqualified distributions at a younger age, though these withdrawals will be taxed as income. This feature provides flexibility in how you use your HSA funds in retirement.
  • Continued Tax-Free Withdrawals for Medical Expenses: Regardless of age, withdrawals for qualified medical expenses remain tax-free. Considering healthcare costs often increase with age, having an HSA in retirement can provide significant financial relief.

To maximize the benefits of an HSA as a retirement tool, consider paying current medical expenses out-of-pocket if possible, allowing your HSA funds to grow over time. This strategy leverages the tax-free growth of the account, potentially resulting in a substantial nest egg for healthcare costs in retirement or additional income for other expenses.

Establishing and Contributing to an HSA – Opening an HSA is straightforward. Many financial institutions offer HSA accounts, and the process is like opening a checking or savings account. An individual can acquire a Health Savings Account (HSA) through various sources, including:

  • Employers: Many employers offer HSAs as part of their benefits package, especially if they provide high-deductible health plans (HDHPs) to their employees. Enrolling through an employer might also come with the benefit of direct contributions from the employer to the HSA.
  • Banks and Financial Institutions: Many banks, credit unions, and other financial institutions offer HSA accounts. Individuals can open an HSA directly with these institutions, like opening a checking or savings account.
  • Insurance Companies: Some insurance companies that offer HDHPs also offer HSAs or have partnered with financial institutions to offer HSAs to their policyholders.
  • HSA Administrators: There are companies that specialize in administering HSAs. These administrators often provide additional services, such as investment options for HSA funds, online account management, and educational resources about using HSAs effectively.

When choosing where to open an HSA, it’s important to consider factors such as fees, investment options, ease of access to funds (e.g., through debit cards or checks), and customer service.

Once established, you can make contributions up to the annual limit, which for 2024 is $4,150 for individual coverage and $8,300 for family coverage. Individuals aged 55 and older can make an additional catch-up contribution of $1,000.

What Happens If I Later Become Ineligible – If you have an HSA and then later become ineligible to contribute to it—perhaps because you’ve enrolled in Medicare, are no longer covered by a high-deductible health plan (HDHP), or for another reason—several key points come into play regarding the status and use of your HSA:

  • Contributions Stop: Once you are no longer eligible, you cannot make new contributions to the HSA. For example, enrollment in Medicare makes you ineligible to contribute further to an HSA. However, the specific timing of when you must stop contributing can vary based on the reason for ineligibility. If you enroll in Medicare, contributions should stop the month you are enrolled.
  • Funds Remain Available: The funds that are already in your HSA remain available for use. You can continue to use these funds tax-free for qualified medical expenses at any time. This includes expenses like copays, deductibles, and other medical expenses not covered by insurance, but not insurance premiums.
  • Investment Growth: The funds in your HSA can continue to grow tax-free. Many HSAs offer investment options, allowing your account balance to potentially increase through investment earnings.
  • Use for Non-Medical Expenses: As noted previously, if you are 65 or older, you can withdraw funds from your HSA for non-medical expenses without facing the 20% penalty, though such withdrawals will be subject to income tax. This makes the HSA function similarly to a traditional IRA for individuals 65 and older, with the added benefit of tax-free withdrawals for medical expenses.
  • No Required Minimum Distributions (RMDs): Unlike traditional IRAs and 401(k)s, HSAs do not have required minimum distributions (RMDs), so you can leave the funds in your account to grow tax-free for as long as you want.

  • After Death: Upon the death of the HSA owner, the account can be transferred to a surviving spouse tax-free and used as their own HSA. If the beneficiary is not the spouse, but is the beneficiary’s estate, the account value is included in the deceased’s final income tax return, subject to taxes. If any other person is the beneficiary, the fair market value of the HSA becomes taxable to the beneficiary in the year of the HSA owner’s death.

In summary, while you can no longer contribute to an HSA after losing eligibility, the account remains a valuable tool for managing healthcare expenses and can even serve as a supplemental retirement account, especially given its tax advantages.

Health Savings Accounts stand out as a versatile financial tool that can significantly impact your tax planning and retirement preparedness. By understanding who qualifies for an HSA, leveraging its tax benefits, and recognizing its potential as a supplemental retirement plan, individuals can make informed decisions that enhance their financial well-being. 

Whether you’re navigating high-deductible health plans or seeking additional avenues for tax-efficient savings, an HSA may be the key to unlocking substantial long-term benefits. 

Contact this office for additional information and how an HSA might benefit your circumstances.  

Gavel On a Legal Text

Tennessee Tax Legislative Update

As previously shared through an earlier update, in January Governor Bill Lee announced plans to amend the Tennessee franchise tax to simplify the calculation. Under existing law, the franchise tax base is the greater of 1) the taxpayer’s net worth or 2) the net book value of the property owned, and the rental value (using a defined multiple) of property used in Tennessee. Once calculated, the franchise tax base is subjected to a tax rate which is $0.25 per $100 of the tax base. Under Governor Lee’s simplification, the franchise tax would be determined based solely on net worth, with the alternative method using net book value of assets being repealed.

Since its announcement, this planned overhaul to the state’s franchise tax law has been subject to significant debate and negotiation among lawmakers; however, in the final hours of Tennessee’s legislative session last week, both chambers approved a compromise plan. The plan is projected to send approximately $1.5 billion back to taxpayers and reduce the state’s franchise tax revenue by approximately $400 million annually. Additionally, the compromise plan provides for three years of tax refunds desired by the Senate while also providing transparency provisions desired by the House. Tax refunds will be available for returns filed after January 1, 2021, covering a tax period that ended on or after March 31, 2020. Generally speaking, for calendar year taxpayers the applicable periods are tax years 2020 through 2023.  The refund claims will be required to be filed between May 15th and November 30th of this year and taxpayers claiming refunds will be required to waive all rights to sue the state over franchise tax obligations during the affected period. Specific to transparency, the compromise plan will require refunds paid to taxpayers to be disclosed in ranges – $750 or less; $751 to $10,000; greater than $10,000; or “pending” if a final payment has not been determined. 

Governor Lee is expected to sign the legislation.

Within the next few weeks, RBG tax advisors will be contacting our impacted Tennessee taxpayers to discuss the details of anticipated refund claims and expected timing of filings. Should you have any immediate questions, feel free to contact your RBG advisor.