The month of December is the time for small business owners to put together a year-end tax strategy and developing a tax plan for the tax season. But putting together a tax plan for the this tax season will be difficult due to open tax law issues, especially the status of the Bush tax cuts.

So how should the small business owners approach this year’s tax strategy? Business owners should develop a tax strategy based around on tax rules that will not change or be affected by tax law changes due to new regulations.

Here are a few year-end tax strategy tips for business owners this December:

Update Your Books
As a business owner, it is essential you know your company’s current financial state before any tax planning can be done. Knowing whether your company make or lost money for the year is critical to developing the right tax strategy.

Look Into A Retirement Plan
Profits can be sheltered in qualified retirement plans, and the 2010 rules remain relatively unchanged from 2009. For example, a corporate owner or self-employed person whose salary or net earnings are sufficient can contribute a maximum of $49,000 to a SEP (Simplified Employee Pension) plan, scoring a tax deduction while saving for one’s golden years.
Owners who don’t yet have qualified retirement plans for their companies need to complete the paperwork (provided by their financial institution or mutual fund) by Dec. 31. Then they’ll have until the extended due date of their 2010 return to make their contributions for the year.
It’s wise to discuss the wide range of plan options with a CPA or other financial adviser. Keep in mind, if you do miss the Dec. 31 for setting up a qualified retirement plan, you still have one plan option – the SEP – which can be set and funded as late as the extended due date of the return.
Remember Health Coverage
Owners (other than those with a C corporation) who pay for their health coverage can deduct it, but only as a personal expense rather than as a business expense. However, for 2010, if you are self-employed you can use the premiums to offset the amount of net earnings used to calculate self-employment taxes (which cover mandatory Social Security and Medicare contributions). Because of the tax savings, owners may want to reduce their estimated taxes. The last payment for 2010 is due on Jan. 18, 2011.
Those who use the cash-basis accounting method might also want to pre-pay their 2011 premiums to boost their write-off for 2010 while saving on self-employment taxes.
If the insurance qualifies as a high-deductible health plan, then you’re allowed a tax-deductible contribution to a Health Savings Account, or HSA, for 2010. (To be considered “high deductible” in 2010, the policy’s deductible must be at least $1,200 for individuals and $2,400 for families and meet certain other tests.) While the HSA 2010 contribution can be made as late as April 18, 2011, the sooner it is made, the more earnings you can build up on a tax-advantageous basis. Earnings will never be taxed if withdrawn to pay qualified medical costs.

Donate to charity
Business owners who have had a good year can share their good fortune with charities. The donations are tax-deductible within the limits allowed by law. For example, if you own a C corp, your charitable deductions are limited to 10% of taxable income.
For owners who record business income on personal tax returns (such as sole proprietors, or owners of S corporations or limited liability companies), it’s helpful to note a change for 2010: There’s no phase-out of itemized deductions for high-income taxpayers. That’s a shift from prior years, when contributors lost part of their charitable deductions when income exceeded a threshold amount.

Upgrade equipment
If you need to invest in new business equipment or upgrade old machines, now is a great time to act. Whether the business is profitable or not, there is a tax break to help.

• If the business is profitable, elect first-year expensing for the cost of equipment up to $500,000. (This dollar limit is up from $250,000 in 2009). If the cost is more than the dollar limit, you can also use 50% bonus depreciation and a regular depreciation allowance to effectively write off most of the cost of the purchase. The bonus depreciation option is set to expire on Dec. 31.
• If the business is not profitable, rely on 50% bonus depreciation to write off half the cost (plus a regular depreciation allowance on the other half). This write-off can create or increase a net operating loss, which can result in a carryback that can generate a cash refund.
• While first-year expensing can be used for new or pre-owned equipment, bonus depreciation is limited to new equipment. However, the purchase of equipment for both first-year expensing and bonus depreciation can be financed in whole or in part without any impact on the tax write-off.

One final tip regarding tax strategy is make to update your tax plan when the Bush tax cut and other tax credit issues are resolved in Congress

Don’t look to your tax planner for help in preparing a 2010 tax strategy, at least not until Congress quits the political games and resolves the issue on tax cuts.

At the end of 2010, tax cuts enacted during the Bush years (2001 and 2003) are scheduled to expire, which will increase federal income tax rates for some Americans. Also at stake are taxes on dividends and capital gains, as well as tax credits and deductions.

Most Democrats and Republicans agree the middle class should not have to face tax hikes. But what about high-earners, families with income above $250,000 and singles above $200,000? Therein lies the battle.

The Obama administration favors allowing the Bush tax cuts to expire for wealthier Americans. Treasury Secretary Timothy Geithner this week argued the Administration plan would raise billions for the government with minimal impact on the economy.

“The top 2% are the least likely to spend those tax cuts, certainly not in comparison to the 98% of Americans who make less than $250,000 per-year,” said Geithner.

Republicans, though, are firmly opposed to the Administration plan. “We don’t believe anybody should face a tax hike, particularly in a recession,” said Don Stewart, press secretary for Republican Senate Minority Leader Mitch McConnell.

“It’s clear they want to hold hostage tax cuts for the middle class for their desire for more tax cuts for the wealthy,” countered Jim Manley, spokesman for Democratic Senate Leader Harry Reid.

As the tax rate deadline ticks, professional tax planners are growing impatient.

“They’re dysfunctional,” complained Evan Snapper, financial advisor with Anchin Block & Anchin. “It’s terrible. It’s a political game that’s hurting the country.”

Usually accountants advise clients to defer income and investment gains until the following year — why owe taxes now when you can put them off?

But the possibility of higher tax rates in 2011 calls that logic into question.

“It’s tax planning turned on its head,” said Doug Flynn, a certified financial planner at Flynn Zito Capital Management.

Because of the uncertainty, planners can’t yet advise clients whether to sell real estate, stocks and bonds or to convert traditional Individual Retirement Accounts into Roth IRAs, which requires payment of taxes on investment gains.

“It’s putting us almost in a standstill. We’re trying to get our ammunition ready, but we’re not certain what ammunition to load,” said Steven Bandini, a certified public accountant at Zapken & Loeb.

And for entrepreneurs who have to worry about both business and personal income taxes, it’s added an extra layer of uncertainty on top of the sluggish economy.

New York business owner Ellen Donath says she’s won’t even consider hiring additional staff, until the issue is resolved because she’s unsure of whether more of her company’s revenue will have to go for taxes.

“You don’t have a clue of what you can do,” said Donath, who runs Donath Communications, an advertising, marketing and design firm. “When you know what the rules of the game are, then you can play the game.”

source: money.cnn.com

Stock market investors experienced a roller coaster year in 2009. The market plunged in the first quarter and then surged 65% to finish out the year, one of the strongest market surges in recent history.  This market volatility may raise income tax questions for investors who made stock transactions in 2009.

If you are an investor who made stock transactions last year, especially in mutual funds or retirement plans, it makes sense to meet with your tax advisor to see if there are any income tax implications and/or a tax strategy to follow.

If you took a loss on your 2009 income tax return by selling a mutual fund in December 2009 (outside of a retirement plan), and you want to buy the same mutual fund in 2010, you must wait more than 30 days.  Failing to wait the 30 days violates the “wash sale” rule and you will not be able to use this tax benefit of the loss in 2009.  Contact your tax advisor for more details on this income tax question.

Another income tax question for your tax advisor is whether you should convert your traditional IRA into a Roth IRA.  Starting this year, anyone can convert their traditional IRA to a Roth IRA. Previously, taxpayers with adjusted gross income over $100,000 were prohibited from using this tax strategy.

Taxpayers who convert their traditional IRA to Roth IRA have to pay income tax on the amount converted to the Roth IRA.  However, any after-tax contributions that were made are excluded from the income tax.

There is some good news if you plan on converting your IRA to a Roth IRA in 2010. For conversion made in 2010 only, Congress has approved a rule to allow taxpayers to report the income from Roth IRA conversions over the next two years - half in 2011 and the half in 2012.   Potential Roth IRA converters need to be aware that future withdrawals from a Roth IRA, that includes earnings, are free from federal income tax only after you have reached 59 1/2 and the account has been opened for at least five years.

The Federal Income Tax form and IRS rules can get very complicated when it comes to stock transactions.  If you have made stock transactions or are considering converting your traditional IRA to a Roth IRA, we advise talking to a tax advisor to answer your income tax questions and recommend a tax strategy.

source: valpolife.com