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If You Inherit Property, You Can Benefit From a “Stepped-Up Basis”
If You Inherit Property, You Can Benefit From a “Stepped-Up Basis” 1275 750 smolinlupinco

One of the most common questions for people planning their estates or inheriting assets is: What is the “cost” (or “basis”) a person gets in property that is inherited from someone else? This vital area is often overlooked when families start planning for the future.

According to the fair market value basis rules (otherwise known as the “step-up” and “step-down” rules), an heir can receive a basis in inherited assets equal to their date-of-death value. For example, if your uncle bought shares in an oil stock in 1942 for $500 and the stock was worth $5 million at the time of his death, the basis would be stepped up to $5 million for your uncle’s heirs, which means that the gain on the stock would escape income taxation forever.

Fair market value basis rules apply to any inherited property that can be included in the gross estate of the deceased individual, whether or not a federal estate tax return was filed. The rules apply even to property inherited from foreign individuals not subject to U.S. estate tax. 

Fair market value basis rules also apply to the inherited portion of the property jointly owned by the inheriting taxpayer and the deceased, but not to the portion of the jointly held property that the inheriting taxpayer owned prior to their inheritance. They don’t apply to reinvestments of estate assets on the part of fiduciaries. 

Lifetime gifting

It’s important to understand the fair market value basis rules so that you can avoid paying more tax than you’re legally required to.

For example, in the previous scenario, if your uncle instead decided to make a gift of the stock during his lifetime (rather than passing it down to his heirs when he died), the “step-up” in basis (from $500 to $5 million) would be lost.

Property acquired as a gift that has increased in value is subject to the “carryover” basis rules. This means that the person who received the gift takes the same basis the donor had in it ($500 in this example), plus a portion of any gift tax the donor pays on the gift. 

If someone dies owning property that has declined in value, a “step-down” occurs. In this case, the basis is lowered to the date-of-death value. Sound financial planning can help avoid this loss of basis, and it’s important to note that giving away the property before death won’t preserve the basis. 

Why is that? Because when a property that has gone down in value is given as a gift, the person who receives the gift must use the date of gift value as the basis for determining their loss on a later sale. An excellent strategy for handling a property that has declined in value is for the owner to sell it before death so they may enjoy the tax benefits of the loss. 

Have questions? Smolin can help

We’ve covered the basic rules here, but other rules and limits may apply. For example, in certain cases, a deceased person’s executor may be able to make an alternate valuation election, and gifts made just before a person died may be included in the gross estate for tax purposes. 

If you’re wondering how you can benefit from a “stepped-up basis” or need guidance with planning your estate, contact the knowledgeable professionals at Smolin. We’re ready to guide you through complicated tax laws to ensure you miss out on possible savings for your estate or inheritance.

Use the Rehabilitation Tax Credit to Your Advantage When Altering or Adding to Business Space
Use the Rehabilitation Tax Credit to Your Advantage When Altering or Adding to Business Space 1275 750 smolinlupinco

If your business occupies a large space and needs to expand or move to a new space in the future, it’s important to keep the rehabilitation tax credit in mind. If you appreciate the charm of historic buildings, this is especially true.

The federal rehabilitation tax credit is designed to encourage the preservation of historic properties and neighborhoods by private sector entities. It is administered by the IRS and the National Park Service. 

This tax credit is equal to 20% of the qualified rehabilitation expenditures (QREs) for a qualified rehabilitated building that’s also a certified historic structure. A qualified rehabilitated building is a depreciable building that has been placed in service before rehabilitation has begun, is still in service after that rehabilitation, and is used for either business or the production of income (not held primarily for sale).

In addition to these rules, the building must be “substantially rehabilitated,” which typically requires that QREs for rehab are greater than $5,000 or the adjusted basis of the existing building.

A QRE is any amount that is chargeable to capital and has been incurred in connection with rehabilitation or reconstruction of an eligible building. QREs must be for an existing property, do not apply to land, and cannot include building acquisition or enlargement costs. 

The 20% credit is allocated ratably to each year in the five-year period beginning in the tax year in which the building was placed into service. The credit allowed in each year of the five-year period is 4% (20% divided by 5) of the QREs in regard to the building. This credit is allowed against both alternative minimum tax and regular federal income tax.

The Tax Cuts and Jobs Act, signed at the end of 2017, added some changes to the credit. Specifically, the law:

  • Requires taxpayers to take the 20% credit ratably over five years instead of in the year they placed the building into service
  • Eliminated the 10% rehabilitation credit for pre-1936 buildings

An experienced business accountant can explain the rehabilitation tax credit in-depth and assist you in discovering any other federal tax benefits available for the space you’re considering. For example, certain tax benefits may be available depending on your preference for how a building’s energy needs will be met and where the property is located. There may also be state or local tax and non-tax subsidies available for certain locations.

The professionals at Smolin Lupin do this and more, for example, collaborating with clients and construction professionals to determine whether a particular building can be the subject of a rehabilitation that’s both practical to use and tax-credit-compliant. 

If you find a building you wish to rehabilitate, we can help you monitor project costs and substantiate the compliance of the project in accordance with the requirements of the rehabilitation credit and any additional tax benefits for which you’re eligible.

Tax Rules for Donating Artwork to Charity
Tax Rules for Donating Artwork to Charity 1275 750 smolinlupinco

If you’re an art collector, you may be curious about the tax breaks that come with donating a work of art to charity. You should be aware that many different tax rules come into play when making these kinds of contributions.

Basic rules

A deduction for a donation of art can be reduced if the charity you donated to uses the art for a purpose or function that’s unrelated to the reason for its qualification as a tax-exempt organization. The reduction will be equal to the amount of capital gain you would have received if you sold the property instead of donating it.

Example: You bought a sculpture six years ago for $10,000, and it’s now worth $20,000. You contribute it to a charitable foundation. Your deduction is limited to $10,000 because the foundation’s use of the sculpture is unrelated to its charitable function, and you would have had a $10,000 long-term capital gain if you had sold it.

But what if you donated the sculpture to an art museum? In this instance, your deduction would be $20,000.

Substantiation requirements

There are substantiation rules that apply when you donate a work of art to charity. First, if you claim a deduction of less than $250, you’re required to obtain and keep a receipt from the charity, and you must keep records for any item you contributed.

If you claim a deduction of at least $250, but not more than $500, you’re required to obtain an acknowledgment of your contribution from the group you donated it to. The acknowledgment must state whether the organization gave you any goods or services in exchange for your donation and include a description with a good-faith estimate of the value. 

If you claim a deduction of more than $500, but less than $5,000, you’ll need to maintain records that include information about how and when you obtained the artwork and its cost basis in addition to getting an acknowledgment. You are also required to complete an IRS form and attach it to your tax return.

If the claimed value of the property you donated is more than $5,000, you must have an appraisal of the property in addition to the acknowledgment. Your appraisal must be completed by a qualified appraiser no more than 60 days before the date of the contribution and meet other requirements. You must include information about these donations on the IRS form you send with your tax return. 

If the total of your deduction is more than $20,000, you must attach a copy of the signed appraisal, and the IRS may require you to include a photograph. If the item has been appraised at $50,000 or more, you can request that the IRS issue a “Statement of Value,” which can be used to substantiate the value of your donation.

Percentage limitations

Additionally, your tax deduction may be limited to 20%, 30%, 50%, or 60% of your contribution base, which is typically your adjusted gross income. Percentages vary depending on the year in which the contribution is made, the type of organization, and whether the deduction was required to be reduced based on the unrelated use rule described above. The amount not deductible because of a ceiling may be deductible in the next year under carryover rules.

Partial interest gifts 

Sometimes donors make gifts of partial interests in artwork. For instance, a donor may contribute a 50% interest in a piece of artwork to a museum, with the agreement that the museum will exhibit it for six months of the year, and the donor will retain possession of it for the following six months. There are special requirements that apply to these donation agreements.

Make sure you get the most from your donations with Smolin

If you’re unsure of how to claim deductions for artwork you may have donated this tax year, or if you have further questions about how these deductions work, contact us for more information. 

Give Your Trusts New Life by Decanting Them
Give Your Trusts New Life by Decanting Them 1275 750 smolinlupinco

Creating flexibility within your estate plan using different strategies is worth considering when planning for the future. Because life circumstances can change over time (especially those involving tax laws and family situations), it’s important to use techniques to provide greater flexibility for your trustees. One such method is decanting a trust.

What is decanting?

Decanting usually refers to pouring wine or another liquid from one container into another. In estate planning terms, it means “pouring” assets from one trust into another with modified terms. 

The idea behind decanting is that if a trustee has discretionary power to distribute trust assets among that trust’s beneficiaries, they also have the ability to distribute those assets into another trust.

Depending on the language of the trust and the provisions of applicable state law, decanting may enable the trustee to:

  • Change the number of trustees or alter their powers
  • Add or enhance spendthrift language to protect the trust assets from creditors’ claims
  • Move funds to a special needs trust for a disabled beneficiary
  • Correct errors or clarify trust language
  • Move the trust to a state with more favorable tax or asset protection laws
  • Take advantage of new tax laws
  • Remove beneficiaries

In contrast to assets transferred at death, assets transferred to a trust to receive a stepped-up basis, so they can subject beneficiaries to capital gains tax on any appreciation in value. A potential solution to this problem is decanting.

Decanting can authorize a trustee to confer a general power of appointment over the assets to the trust’s grantor, causing the assets to be included in the grantor’s estate, and therefore, eligible for a stepped-up basis.

Stay compliant with your state’s laws

Many states have decanting statutes, and in some states, decanting is authorized by common law. No matter the situation, it’s essential to understand your state’s requirements. For example, in certain states, the trustee is required to notify the beneficiaries or even obtain their consent to decant a trust. Even if decanting is permitted, there may be limitations on its uses. 

Some states, for example, bar the use of decanting to remove beneficiaries or add a power of appointment, and most states won’t allow the addition of a new beneficiary. If your state doesn’t allow decanting, or if its decanting laws don’t allow you to achieve your goals, it may be possible to move the trust to a state whose laws are more aligned with your needs.

Be aware of tax implications

One of the risks associated with decanting is uncertainty over its tax implications. 

For example, a beneficiary’s interest is reduced. Have they made a taxable gift? Does it depend on whether the beneficiary has consented to decanting? If the trust language allows decanting, is the trust required to be treated as a grantor trust? Does such language jeopardize the trust’s eligibility for marital deduction? Does the distribution of assets from one trust to another trigger capital gains or other income tax consequences to the trust or its beneficiaries?

Create more flexibility in your trust with Smolin

If you want to create more flexibility with an irrevocable trust or have any questions about the tax implications of your situation, contact us for more information. 

Understanding Deferred Taxes
Understanding Deferred Taxes 1275 750 smolinlupinco

Navigating deferred taxes can be a confusing process, and the accounting rules for reporting deferred taxes can sometimes seem arbitrary and nonsensical when viewed through the lens of real-world economics. Here’s a brief article to help simplify this complex subject.

What are deferred taxes?

Companies are required to pay income tax on taxable income as defined by the IRS. On their Generally Accepted Accounting Principles (GAAP) financial statements, however, companies record income tax expense based on accounting “pretax net income.” 

In any particular year, your taxable income (for federal income tax purposes) and pretax income (as reported on a GAAP income statement) may differ substantially. Depreciation expense is typically the reason for this temporary difference.

The IRS allows companies to use accelerated depreciation methods to lower taxes that are paid in the early years of an asset’s useful life. Many companies may also choose to claim Section 179 deductions and bonus depreciation for the year an asset is put into service. 

An alternative route that many companies take for GAAP reporting purposes is to use straight-line depreciation. At the beginning of an asset’s useful life, this typically causes taxable income to be dramatically lower than GAAP pretax income. That said, as the asset gets older, this temporary depreciation expense is reversed. 

Understanding differing depreciation methods

Using differing depreciation methods for tax and accounting purposes causes a company to report deferred tax liabilities. In simple terms, this means that by claiming higher depreciation expense for tax purposes than for accounting purposes, the company has momentarily reduced its tax bill but must make up the difference in later tax years. 

Deferred tax assets can come from other sources like operation loss carryforwards, tax credit carryforwards, and capital loss carryforwards.

How should deferred taxes be reported on financials?

When a company’s pretax and taxable incomes differ, it is required to record deferred taxes on its balance sheet. 

This can go one of two ways. If a company pays the IRS more tax than an income statement reflects, it records a deferred tax asset for the future benefit the company is entitled to receive. If the opposite occurs and the company pays less tax, it must record a deferred tax for the additional amount it will owe in the future.

Like other liabilities and assets, deferred taxes are classified as either current or long-term. 

No matter their classification, though, deferred taxes are recorded at their cash value (that is, with no consideration of the time value of money). Deferred taxes are also based on current income tax rates. The company can revise its balance sheet, in which case change flows through to the income statement if tax rates change.

Unlike deferred tax liabilities which are recorded at their full amount, deferred tax assets are offset by a valuation allowance that reflects the potential of an asset expiring before the company can utilize it. Determining the amount of deferred tax valuation allowance to log is at the discretion of management is highly subjective. It’s important to note that all changes to this allowance will flow through to the company’s income statement.

Today, or later on down the line?

For financial statement users, it’s critical not to lose sight of deferred taxes. A company with significant deferred tax assets may be able to reduce its tax bill in the future and save much-needed cash on hand by claiming deferred tax breaks. 

On the other hand, a company with considerable deferred tax liabilities will have already taken advantage of tax breaks and may need additional cash on hand to pay the IRS in future tax years.

Questions? Smolin can help 

Still unsure of how deferred taxes might affect your business? If you would like to discuss any of these issues or gain a better understanding of tax rules for businesses, our CPAs can help. Contact us to get started. 

NJBIZ Leaders in Finance Paul Fried

Paul Fried Selected as an NJBIZ Leader in Finance
Paul Fried Selected as an NJBIZ Leader in Finance 1200 628 smolinlupinco

Smolin is pleased to announce that Paul Fried, CEO-elect, has been selected as an NJBIZ Leader in Finance. NJBIZ Leaders in Finance recognizes financial executives whose passion and energy help drive their company’s success. Honorees are selected ​​because of their professional and civic engagement and their innovative contributions to their fields. They will be recognized at a ceremony on April 25, 2023. 

“Paul has been an instrumental team member at Smolin since he joined our family” shares Ted Dudek, Managing Member of the Firm. “His work for clients over the years has been impactful at all levels. His contributions to both Smolin and our community make him well-deserving of this honor.”

As a New Jersey Certified Public Accountant with over 40 years of industry experience, Fried has a long history at Smolin. He works with clients in the construction, real estate, manufacturing, distribution, and professional services industries and advises on tax matters, forensic accounting, and mergers and acquisitions.  

Paul currently serves on Smolin’s Executive, Merger and Acquisition, Finance, Strategic Planning, and Wealth Management committees. Fried is also a member of the American Institute of Certified Public Accountants and the New Jersey Society of Certified Public Accounts. 

About NJBIZ Leaders in Finance awards

NJBIZ Leaders in Finance is conferred by NJBIZ, a publication of Bridge Tower Media. A description of the selection methodology is available here. 

Following an open nomination period, honorees are chosen by a panel of independent judges with experience in the financial field. The award categories include banking, corporate, investment, and professional. Selections are based on the nominees’ involvement in their industries and communities, their professional achievements, and innovative ideas. 

About Smolin 

Since 1947, Smolin has been committed to providing industry-leading professional financial and accounting services uniquely designed to meet the needs of each and every client. Smolin’s attention to the needs of each client has helped them become the successful and respected

state income tax nexus

State Income Tax Nexus: What You Need to Know
State Income Tax Nexus: What You Need to Know 956 562 smolinlupinco

Supreme Court precedent once prohibited states from collecting sales tax from out-of-state businesses lacking an in-state physical presence, no matter how much the company made in sales—but this has recently changed. 

With the United States Supreme Court decision in South Dakota v. Wayfair, Inc., individuals and businesses that sell products out of state are liable to pay the states where they sell their products taxes if they reach a certain income threshold for their sales.

If you are selling products out of state, you may be liable to pay taxes on those sales even if the amount of money you received for them is relatively small. 

Which activities of an out-of-state seller constitute Income Tax Nexus? 

There is some amount of protection for those who sell products out of state, as federal law protects those who sell physical items out of state from taxation if they meet the following criteria: 

  1. The only activity within the state is soliciting sales of tangible personal property 
  2. Sales are approved by the home office outside of the customer’s state
  3. The tangible personal property is shipped to the customer from outside of the state

Need assistance? Contact us. 

If you’re unsure whether or not you need to pay taxes on your out-of-state sales, Smolin can help. Let us walk you through the process so you don’t have to second guess anything this tax season.

Smolin Lupin 75th Anniversary

Smolin, Lupin & Co., LLC Celebrates 75 Years of Excellence
Smolin, Lupin & Co., LLC Celebrates 75 Years of Excellence 1600 837 smolinlupinco

Smolin Lupin, an Independent Member of the BDO Alliance USA and one of the NJBIZ Top 20 Public Accounting Firms in New Jersey, is celebrating 75 years of excellent accounting services helping clients achieve success. 

Since 1947, Smolin Lupin has been dedicated to developing long-lasting client relationships by providing professional financial and accounting services uniquely designed to meet the needs of each and every client. 

Smolin is known for helping clients and businesses grow through quality tax, accounting, and advisory services. Smolin helps clients meet their financial goals, and their innovative tax and accounting services have helped countless businesses grow and thrive in the always-changing market. 

“We’re proud of the past 75 years of Smolin, and we thank our incredible team, loyal clients, and the adaptability of the business as a whole,” says Smolin Member of the Firm and member of Smolin’s Executive Committee Henry Rinder.

Smolin’s roots take them back to Newark, New Jersey, servicing a core clientele of private, closely held businesses and professional firms. They helped grow what used to be small businesses and start-ups into medium-sized firms and large corporations. 

As they helped their clients grow, they continued to grow themselves, evolving into a full-service accounting firm with offices in Fairfield, Red Bank and Spring Lake Heights, New Jersey, and Juno Beach, Florida.

With their continued growth—and exceptional personnel—Smolin now offers a complete menu of traditional services from tax planning and preparation, audits and assurance, to specialized services, which include litigation support, forensic accounting, business consulting, estate planning, business valuations and much more. They’ve expanded to serve clients in various industries including (but not limited to) professional services, healthcare, hospitality, non-profit organizations, real estate development, and technology. 

But one thing has remained constant in Smolin’s 75 years of business: their commitment to offering clients the knowledge and expertise to help their businesses grow and thrive. Through their many years of experience and active service with their clients, Smolin’s team brings expertise to advise clients on key issues regarding their respective industries. 

“I’m excited about the future of our organization, and seeing the next levels of what’s to come—and how the future will help Smolin grow into even higher levels of excellence,” says Ted Dudek, Smolin President and Managing Member of the Firm. 

Which Vehicles Are the Most Tax-Friendly for Business Owners?
Which Vehicles Are the Most Tax-Friendly for Business Owners? 850 500 smolinlupinco

If your business is preparing to replace a vehicle or buy a new one, you should know that a heavy SUV might provide a more substantial tax break this year than what you’d receive from a smaller vehicle. 

The reason? Larger business vehicles are depreciated differently on your tax returns than smaller ones. 

Depreciation guidelines

Compared to other depreciable assets, business vehicles are subject to more restrictive tax depreciation rules. 

Depreciation deductions are automatically capped under “luxury auto” rules. If a taxpayer decides to use Section 179 of the Internal Revenue Code to expense all or part of the cost of a vehicle, these caps can apply here as well, allowing an asset to be written off in the year it’s placed into service. Included in these rules are smaller trucks and vans built on truck chassis. 

For most vehicles that are subject to these caps and begin service in 2023, the expensing deductions or maximum depreciation are as follows:

  • First tax year in recovery period – $22,200
  • Second tax year – $19,500
  • Third tax year – $11,700
  • Every subsequent year – $9,960

Typically, this extends the number of years it takes to depreciate the business vehicle completely. 

Caps on deductions

Caps on expensing deductions and annual depreciation for passenger vehicles don’t apply to trucks or vans that weigh more than 6,000 pounds. This rule also includes large SUVs, which can sometimes cost over $50,000, so from a tax timing perspective, you may be better off replacing your business vehicle with a heavy SUV to avoid the restrictions on smaller cars.

In most instances, you’ll have the ability to write off a substantive amount of the cost of a heavy SUV that’s used for business purposes by taking advantage of the bonus and regular depreciation beginning from the year you put the vehicle into service. Bonus depreciation is currently available at 80% but will be reduced to zero over the coming years.

If you opt to expense all or part of the cost of a heavy SUV using Section 179, it’s essential to be aware that as of 2023, an inflation-adjusted limit of $28,900 (up from $27,000 in 2022) applies separately from the caps listed above. 

Please note that for all assets you elect to expense in a year, there’s an aggregate dollar limit that applies. Once you’ve completed the expensing election, you’ll need to depreciate the rest of the cost under the standard rules without regard to annual caps. 

It’s also important to be aware that the tax benefits listed above are subject to adjustment for non-business use. Additionally, the vehicle won’t be eligible for expensing if the business use of the SUV doesn’t exceed 50% of total use, meaning it would be required to be depreciated on a straight-line method over a period of six tax years.  

Trust your tax questions to Smolin

If you have questions or would like assistance with your tax return, the CPAs at Smolin can help. Contact us for more information about how to get the most tax write-offs from your company vehicle this tax season.

What You Need to Know About Claiming Losses on Depreciated Stock
What You Need to Know About Claiming Losses on Depreciated Stock 1275 750 smolinlupinco

Do you own stock in a company whose shares dropped sharply in value or even became worthless after you purchased them? You may be tempted to simply put it behind you, but it’s important to remember that you can claim a capital loss deduction on your next tax return.

Here’s what you need to know about the rules that come into play when a stock you own is sold at a loss or loses all of its value.

Capital losses produced by stock sales

Whenever you sell stocks, they become either capital gains or capital losses. When filing your taxes, any capital gains and losses must be netted against each other based on whether they’re short-term (owned for one year or less) or long-term (owned for one year or more).

If you have short-term or long-term losses (or both) after netting, you can use these losses to offset a maximum of $3,000 of income or $1,500 for married taxpayers who choose to file separately. Any loss you incur over this limit carries over to later years until the entire amount is offset against capital gains or deducted against ordinary income. If both partners have net short-term and net long-term losses, the short-term losses will offset income before the long-term losses are utilized.

If you’ve earned capital gains during the year from selling stock or other assets, it may be wise to consider selling a portion of your losing assets to offset the cost of these gains. Selling enough of your losing assets to cover earlier gains and create a $3,000 loss is an excellent strategy for saving money when you file taxes.

Understanding the wash sale rule 

You may want to sell a stock now to lock in a tax loss even if you believe the stock will recover in the future. According to the wash sale rule, if you sell a stock at a loss and repurchase identical stock within 30 days of your sale date, you cannot claim your loss when you file your taxes.

What to do with worthless stock

If you own a stock that has become completely worthless, you can claim a loss equal to your basis in the stock. This amount is typically what was initially paid for the stock and is treated as though you’ve sold on the last day of the tax year, which is essential to note as this date decides if your loss is categorized as short-term or long-term.

When stocks have no liquidation value, they become worthless—this is due to the corporation that issued the stock having liabilities that outweigh its assets and no reasonable chance of becoming profitable in the future. A stock can still be worthless even if a corporation hasn’t declared bankruptcy. On the other hand, some stocks may still have value after a corporation has filed for bankruptcy, provided that the company is still operating.

If you discover that a stock you owned has become worthless only after you’ve filed your tax return for the year, you can amend your return to claim a credit or refund because of the loss. You can make this claim within seven years of your original return being due or two years from the date you paid.

Dealing with special circumstances when claiming losses

If you’ve been the victim of an investing scam like a Ponzi scheme, you may be able to reduce your losses by availing yourself of special tax relief provided for situations like these.

Trust your tax questions to Smolin

If you’re unsure how to claim your losses this tax season or need assistance with filing, the CPAs at Smolin can help. Contact us for more information about claiming losses on depreciated or worthless stocks.

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