Financial Planning

Planning sell property How profits taxed

Planning to sell your property? Here’s how your profits could be taxed.
Planning to sell your property? Here’s how your profits could be taxed. 850 500 smolinlupinco

Across the United States, home values have risen dramatically over the last few years. The median price of existing home sales increased 1.9% between July 2022 and July 2023, and there were even larger increases in previous years.

While the upward trend appears universal, median home prices have varied by region:

Northeast: $467,000
Midwest: $304,600
South: $366,200
West: $610,500

If you hope to take advantage of these higher home sales pricetags by putting your house on the market, educate yourself about the tax planning implications first. You could be responsible for capital gains tax and Net Investment Income Tax (NIIT). 

A large chunk of your profits could be protected

If the house you plan to sell is your primary residence, some or all of the profit may be tax-free. Single filers can exclude $250,000 (or twice that for joint filers), but must meet certain requirements first: 

  • The seller must have owned the home for at least two of the five years leading up to the sale
  • The property must have been the seller’s principal residence for two or more years out of the last five

While these time periods don’t necessarily have to overlap to be eligible for the exclusion, they may.

Worth noting is the fact that homeowners may only use this exclusion once every two years. If you’re moving around more frequently than that, you won’t be able to claim it every time.

What happens to profits above the exclusion amount? 

What happens if the sale of your home generates more than $250,000 or $500,000 in profit? 

Providing you’ve owned the home for a year or longer, any cash exceeding these baseline amounts will be taxed at your long-term capital gains rate.

If you’ve owned the home for at least a year, the cash amount in excess of these baselines will likely be taxed at your long-term capital gains rate. If you acquired your house more recently, the profit will be deemed a short-term gain and subject to your ordinary income rate, which could double or even triple your long-term rate.

If the house you’re selling isn’t your primary residence (i.e. it’s a vacation home), the sale may not be eligible for the capital gains exclusion. However, it’s important to ask your accountant.

If you own more than one home and rent them out, they may be considered business assets. If so, this would allow you to defer tax or any gains through an installment sale or a Section 1031 like-kind exchange. You could potentially deduct a loss, as well—something you can’t do on the sale of a principal residence.

How does the 3.8% NIIT apply to home sales? 

The 3.8% Net Investment Income Tax (NIIT) generally doesn’t apply to capital gains from the sale of your main home, up to the exclusion limits of $250,000 for single filers and $500,000 for married couples filing jointly.

Still, if your modified adjusted gross income (MAGI) exceeds the amounts below, gains beyond the exclusion limit may be subject to the tax:

  • Married taxpayers filing jointly: $250,000
  • Surviving spouses: $250,000
  • Married taxpayers filing separately: $125,000
  • Unmarried taxpayers and heads of household: $200,000

The gain from the sale of a vacation home or other second residence that does not qualify for the main home exclusion is also subject to the NIIT tax. 

Two additional factors to consider

1. The actual value of your home once all factors are considered

Keep thorough records to support an accurate tax basis. Include documentation of your original cost, home improvements, casualty losses, and depreciation claimed for business use. 

2. Losses (generally) aren’t deductible

If you unfortunately fail to turn a profit on selling your principal resident, it generally isn’t deductible.

However, if you rent a portion of your home out or use it exclusively for business, any loss attributed to that portion of the home could be deductible. 

Clearly, taxes can vary between sales. Depending on your income and the profit of your home sale, some of all of the gain could be tax-free. However, higher-income homeowners with more expensive homes might be looking at a hefty, postsale tax bill. 

Have questions? Smolin can help 

If you’re considering selling your house, it pays to be prepared. To learn more about the tax impacts you may be facing, contact our knowledgeable team at Smolin for personalized advice.  

New Report Identifies High Risk Areas Financial Reporting

Don’t Get Caught Off Guard: New Report Identifies High-Risk Areas for Financial Reporting
Don’t Get Caught Off Guard: New Report Identifies High-Risk Areas for Financial Reporting 850 500 smolinlupinco

In July, the Public Company Accounting Oversight Board (PCAOB) published a report highlighting opportunities for improvement when it comes to audits for public companies. 

As private companies experience challenges similar to those of public companies when reporting their financial outcomes, this report may also be useful for internal accounting personnel and external auditors in pinpointing high-risk reporting areas that require extra scrutiny. 

Previous data

The PCAOB examined sections of public companies’ financial statement audits and published those findings in the recent PCAOB Spotlight report, Staff Update and Preview of 2022 Inspection Observations. Several of the discrepancies for 2022 stem from intrinsically complex areas with higher risks of material misstatement. 

The seven most noteworthy statement deficiency areas were: 

  1. Revenue and related accounts
  2. Inventory
  3. Information technology
  4. Business combinations
  5. Long-lived assets
  6. Goodwill and intangible assets
  7. Allowances for loan and lease losses

Auditors should take advantage of this information to outline and perform more effective audits. 

Meanwhile, in-house accounting personnel and managers can leverage these findings to increase the accuracy of financial reporting, reduce the necessity of audit adjustments, and streamline engagement with external auditors.  

Concerns over crypto transactions

Cryptocurrency transactions stand out as an area of particular concern in the PCAOB report.

These transactions may involve:

  • Investing in cryptocurrency
  • Selling or purchasing cryptocurrency in exchange for U.S. dollars
  • Mining crypto in exchange for a “reward” or other payment 
  • Trading cryptocurrency assets 
  • Selling goods or services for cryptocurrency 
  • Purchasing services and goods with cryptocurrency 

Material digital asset holdings and engaging in significant activity related to digital assets create unique audit risks for companies, as demonstrated by the collapse of FTX. 

These risks may be attributed to a lack of transparency regarding the parties engaging in the transactions, as well as the purpose of them. High levels of volatility, fraud, theft, market manipulation, and legal uncertainties also play a role.

To mitigate these risks as much as possible, the PCAOB encourages using specialists and technology-based auditing tools in certain scenarios. 

Key takeaways

Both private and public companies are encouraged to take proactive measures to keep financial reports transparent and accurate, such as: 

  • Ramping up internal audit procedures in the high-risk areas identified by the report
  • Increasing management review and staff supervision 
  • Providing accounting personnel with additional training 

Companies should anticipate that external auditors will want to hone in on these areas and prepare for this by providing extra documentation to back up account balances, reporting procedures, and accounting estimates for high-risk items. 

Have Questions? Smolin can help.

If you need help navigating high-risk audit items or determining how the PCAOB findings may affect your company’s audit process, we’re here for you. Contact the team at Smolin to learn more.

Tax Consequences Employer-Provided Life Insurance

The Tax Consequences of Employer-Provided Life Insurance
The Tax Consequences of Employer-Provided Life Insurance 850 500 smolinlupinco

When considering whether to accept your current position, you probably viewed employer-provided life insurance as a perk. If your benefits package includes group term life insurance with coverage above $50,000, though, you could feel differently come tax time. 

Invisible “income,” higher taxes

The IRS doesn’t include employer-provided life group term life insurance coverage up to $50,000 in your taxable income, and won’t increase your income tax liability. If your policy exceeds $50,000, though, the employer-paid cost is included in the taxable wages reported on your Form W-2.

This is called “phantom income.” You may not see the funds in your bank account, yet they’ll come back to haunt you nonetheless. 


For tax purposes, the cost of group term life insurance is set by a table prepared by the IRS. Even if your employer’s actual cost is lower than what’s listed on the table, your taxable income is determined by the one pre-established in the table. As a result, the amount of phantom income an older employee could be taxed for, is often higher than that which they’d pay for similar coverage under an individual term policy.

As an employee ages and their compensation increases accordingly, this tax trap worsens. 

Is your tax burden higher due to employer-paid life insurance?

If you’re concerned that the cost of employer-provided group term life insurance could be impacting your taxes, look at Box 12 of your W-2 (With code “C”). Does a specific dollar amount appear?

If so, that dollar amount indicates your employer’s cost for group term life insurance coverage you receive in excess of $50,000, less any amount you paid for the coverage. You’ll be liable for local, state, and federal taxes on the figure seen here, as well as any associated Social Security and Medicare taxes. 

Of course, the amount in Box 12 is already included as part of your total “Wages, tips and other compensation” in Box 1 of the W-2. It’s also the Box 1 amount reported on your tax return.

Tax-saving alternatives 

Is the ultimate tax cost disproportionate to the benefits you’re receiving? If so, ask your employer whether they have a “carve-out” plan (a plan that excludes selected employees from group term coverage). If they don’t, ask whether they’d be willing to create one. After all, some of your coworkers may be interested in opting-out, too!

Carve-out plans can be quite flexible. Here are two ways one could work in your favor for tax purposes: 

  • Your employer could continue providing you with $50,000 of group term insurance (which won’t count towards your taxable income). Then, they could provide you with an individual policy for the rest of the coverage.
  • Your employer could provide the funds they’d spend on the excess coverage as a cash bonus, which you could then use to pay the premium for an individual policy. 

If you or your employer have questions about how group term coverage impacts employees’ tax bills, we can help! 

Have questions? Smolin can help

Contact the team at Smolin to learn how you can make the most of employer provided benefits﹘without suffering unnecessary tax penalties. 

Overhead allocations: Increasing costs require fresh approach

Overhead allocations: Dealing with increasing costs requires a disciplined mindset and a fresh approach
Overhead allocations: Dealing with increasing costs requires a disciplined mindset and a fresh approach 850 500 smolinlupinco

In the last few years, many overhead costs—like utilities, insurance, interest expense, and executive salaries—have skyrocketed, causing some companies to pass along some of the burden to customers by charging higher prices for their goods and services. 

If you’re feeling the squeeze from these increases, you might be asking yourself if upping your prices is the right move for your business.

Before raising your rates, it’s essential to understand how to allocate indirect costs to your goods or services. Correct cost allocation is critical to evaluating product and service line profitability, which helps you make informed pricing choices for your business.

Define your overhead costs

All businesses face overhead costs. These accounts typically act as catch-alls for any expense that cannot be directly allocated to production. 

Some examples of overhead costs are:

  • Interest expense
  • Taxes
  • Insurance
  • Utilities
  • Equipment maintenance and depreciation
  • Rent and building maintenance
  • Administrative and executive salaries

Generally speaking, your indirect production costs are fixed over the short term, so they won’t change appreciably whether your production increases or decreases.

Calculate your overhead rates

Determining how to allocate these costs to products using an overhead rate is where the challenge comes in. Your overhead rate is generally determined by dividing estimated overhead costs by the estimated totals in the allocation base for a future time period.

Once this is done, multiply your rate by the actual number of direct labor hours for each product to determine the amount of overhead that should be applied. 

For some organizations, this rate is applied across all products produced by the company. While this strategy may be appropriate for a company that makes one standard product for an extended period, it may not be suitable for other types of companies.

If your range of products is more complex and customized, you might want to use multiple overhead rates to allocate your expenses more accurately.

For example, If one of your departments is labor-intensive and another is machine-intensive, setting multiple rates may be the best choice for your business.

Dealing with variances

One issue with accounting for overhead costs is that variances from actual costs are almost always inevitable. If you’re using a simple organization-wide overhead rate, you’re likely to have more variance. With that said, even the most meticulously devised multiple-rate strategies won’t always come in with 100% accuracy.

This can result in large accounts needing constant adjustment, causing some managers to have to deal with complex issues they may not fully understand. 

A situation like this leaves organizations open to dealing with human error or fraud. Luckily, you can drastically limit the chance of overhead mistakes with these four internal control procedures:

  • Address complaints about high product costs with non-accounting managers
  • Evaluate your current overhead allocation and make adjustments as needed
  • Conduct independent reviews of all adjustments to your overhead and inventory accounts
  • Study impactful overhead adjustments over different periods of time to discover anomalies and issues

Have questions? Smolin can help 

While cost accounting can be a challenging process for any manager, you don’t have to deal with it alone. Call the knowledgeable professionals at Smolin, and we’ll help you apply a comprehensive approach to estimating overhead rates and adjusting them when needed.

Corporate officers, shareholders: Expenses paid personally

Corporate officers or shareholders: How should you treat expenses paid personally?
Corporate officers or shareholders: How should you treat expenses paid personally? 850 500 smolinlupinco

If you play a major role in a closely held corporation, you might occasionally spend personal funds on corporate expenses. Unless you take the necessary steps, these expenses could end up being nondeductible by either an officer or the corporation. This issue is more likely to occur with a financially troubled corporation.

What can’t you deduct?

Generally speaking, you’re not allowed to deduct an expense incurred on behalf of your corporation, even if it’s a legitimate “trade or business” expense, even if the corporation is struggling financially.

This is because taxpayers are only allowed to deduct expenses that are their own. Since your corporation’s legal status as a separate entity must be respected, its costs aren’t yours and can’t be deducted even if you pay them.

To further complicate matters, the corporation typically won’t be able to deduct these expenses because it didn’t pay them on its own. 

It’s important to note that it should be a practice of your corporation’s major shareholders or officers to not cover corporate expenses.

Which expenses may be deductible?

Alternatively, suppose a corporate executive incurs expenses that relate to an essential part of their duties as an executive. In that case, they may be deductible as ordinary or necessary expenses related to the “trade or business” of being an executive.

Suppose you want to create an arrangement that provides payments to you and safeguards their deductibility. In that case, a provision should be included in your employment contract with the corporation explicitly outlining the expenses that are part of your duties and authorizing you to incur them.

An excellent example of this kind of agreement would be out-of-town business conferences on the corporation’s behalf, where you would spend personal funds to do your work.

What’s the best alternative?

To avoid the complete loss of any deductions by the corporation or yourself, you should create an arrangement in which the corporation reimburses you for any relevant expenses you incur.

Provide receipts to the corporation and use an expense reimbursement claim form or system so that your corporation can deduct the amount of money they’ve reimbursed you.

Have questions? Smolin can help

If you want to know more about how to set up reimbursement arrangements at your corporation, or you have questions about deductible business costs, contact our professional team at Smolin, and we’ll walk you through the process.

Reporting Non-GAAP Measures
Reporting Non-GAAP Measures 1275 750 smolinlupinco

Generally Accepted Accounting Principles (GAAP) is commonly known as the benchmark for financial reporting in the United States. However, both public and private entities occasionally use non-GAAP metrics in their press releases and disclosures or when seeking financing.

GAAP vs. Non-GAAP

GAAP comprises a framework of rules and procedures that accountants typically follow to record and summarize business transactions. These guidelines establish the basis for consistent, accurate, and fair financial reporting. While private companies are not generally obligated to comply with GAAP, many choose to do so. Public companies, on the other hand, have no choice—they’re required by the Securities and Exchange Commission to follow GAAP. 

The use of non-GAAP measures has grown over the years, and some executives and investors maintain that certain unaudited figures provide a more meaningful representation of financial performance compared to customary earnings figures reported under the GAAP. With that said, it’s crucial to understand what’s included and excluded to avoid making misinformed investment decisions.

Spotlight on EBITDA

One prominent example of a non-GAAP metric is earnings before interest, taxes, depreciation, and amortization (EBITDA). This metric was created in the 1970s to help investors assist in forecasting a company’s long-term profitability and cash flow. EBITDA is considered one of the most valuable benchmarks investors use when evaluating a company that is being bought or sold. 

Unfortunately, some companies manipulate EBITDA figures by omitting certain costs, such as stock or options-based compensation, which are undeniably a cost of doing business. This practice has made it difficult for investors and lenders to make accurate comparisons and understand the items that have been removed.

Last year, the Financial Accounting Standards Board (FASB) added a project to its research agenda to explore the standardization of key performance indicators (KPIs) within the existing regulatory framework, including the development of a standardized definition for EBITDA. During a March meeting of the Financial Accounting Standards Advisory Council, senior accountants assessed the feasibility of establishing a GAAP definition of EBITDA for use as either a one-size-fits-all formula or as a starting point for companies to make adjustments based on their specific business requirements.

For instance, a company might tailor its EBITDA calculation to align with the definition specified in its loan agreements. Any modifications to EBITDA would need to be transparently disclosed in the company’s footnotes.

Adopt a balanced approach

Many organizations opt to report EBITDA and other non-GAAP metrics to help stakeholders and investors make better-informed choices. However, it is crucial for these entities to avoid making assertions that could potentially mislead investors and lenders. 

Have questions? Smolin can help

If you’re unsure of how the regulations on reporting non-GAAP measures will affect your business, or if you want to know more about which reporting style works best for you, contact our team of professionals at Smolin and let us walk you through the ins and outs of these rules.

Simple Options for Retirement Savings Plans that can Benefit your Small Business
Simple Options for Retirement Savings Plans that can Benefit your Small Business 1275 750 smolinlupinco

If you’re considering creating a retirement plan for yourself and your employees but you’re concerned about the cost and administrative hurdles involved, take heart: there are some good options available to you. 

In this article, we’ll explore two types of plans that small business owners can use to get the ball rolling with retirement: Simplified Employee Penson (SEP) and Savings Incentive Match Plan for Employees (Simple).

A SEP is designed to be a viable alternative to “qualified” retirement plans and is geared toward small businesses. The relative ease of administration with this plan and your decision as an employer on whether or not to make annual contributions are two features of the plan that can be appealing to business owners. 

SEP setup can be easy for business owners

If your business doesn’t already have a qualified retirement plan, you can set up a SEP by using the IRS model SEP, Form 5305-SEP. When you adopt and implement this model SEP, which isn’t required to be filed with the IRS, you will satisfy the SEP requirements. 

This means that as the employer, you’ll get a current income tax deduction for the contributions you make on behalf of your employees. Employees won’t be taxed when contributions are made but will be taxed in the future when they receive distributions, typically at retirement. 

Depending on your requirements, an individually designed SEP might be a better choice for you than the model SEP.

When you set up a SEP for yourself and your employees, you’ll make deductible contributions to every employee’s IRA, known as a SEP-IRA, which are required to be approved by the IRS. The maximum amount of deductible contributions one can make to an employee’s SEP-IRA (and that the employee can exclude from income) is the lesser of either 25% of compensation or $66,000 for 2023. 

The deduction for your contributions to your employee’s SEP-IRA isn’t limited by the deduction ceiling that’s applicable to an individual’s contribution to a regular IRA. Your employees have control over their individual IRAs and IRA investments, on which the earnings are tax-free.

There are additional requirements that must be met in order to be eligible to set up a SEP: 

  • All regular employees must elect to participate in the program 
  • Contributions must not discriminate in favor of highly compensated employees

The requirements for creating a SEP are minor, though, compared to the administrative and bookkeeping burdens that come with traditional qualified pension and profit-sharing plans.

The detailed records that traditional plans are required to maintain in order to comply with complex nondiscrimination regulations are not not necessary with a SEP. Employers aren’t required to file annual reports with the IRS (which, in the case of a pension plan, could require the services of an actuary). Instead, all required recordkeeping can be handled by a trustee of the SEO-IRAs, usually a mutual fund or a bank.

Consider SIMPLE plans

Another viable option for businesses with fewer than 100 employees is a SIMPLE plan. With these plans, a “SIMPLE IRA” is established for each eligible employee. The employer makes matching contributions based on the contributions chosen by participating employees under a qualified salary reduction arrangement.

Like a SEP, a SIMPLE plan also comes with much less stringent requirements than traditional qualified retirement plans. 

Another option is for an employer to adopt a “simple” 401(k) plan, with features similar to a SIMPLE pan, which creates an automatic passage over the otherwise complex nondiscrimination test for 401(k) plans.

For 2023, SIMPLE deferrals are allowed up to $15,500 plus an additional $3,500 for catch-up contributions available to employees aged 50 and older.

Questions about retirement savings? Smolin can help.

If you’re looking for manageable options to help create retirement plans for yourself of your employees, contact Smolin today. Our knowledgeable team of accounts can help you decide which plan works best for you and walk you through the process.

understanding-after-tax-contributions-roth-401k-and-roth-ira

Understanding After-Tax Contributions: ROTH 401(k) and ROTH IRA
Understanding After-Tax Contributions: ROTH 401(k) and ROTH IRA 1600 941 smolinlupinco

Did you know that when it comes to your retirement account, not all contributions are created equal? Tax implications can have a significant impact on your savings. 

In fact, after-tax contributions to a ROTH 401(k) or ROTH IRA can offer significant tax benefits while traditional 401(k)s and IRAs don’t—just one of many reasons you might choose to include them in your overall plan for saving for retirement.

A bite-sized intro to ROTH 401(k) & ROTH IRA contributions

The phrase “after-tax contribution” means that the money you deposit into a ROTH 401(k) or  ROTH IRA account has already been taxed.

Paying taxes on the funds upfront can be convenient, but you’ll also enjoy several other key benefits: 

  • The opportunity to grow an asset on an after-tax basis and lock in a lower tax rate
  • Tax-free contributions and earnings
  • No income tax on funds withdrawn after you turn 59½ 

While contributions to a ROTH 401(k)/IRA don’t provide any current-year tax benefits, there are other long-term benefits to consider:

  • There are no required minimum distributions (RMDs) from a ROTH IRA
  • If a ROTH IRA is inherited, the new owner(s) are not required to withdraw all funds from the plan within ten years (as they would with a traditional IRA) 

Is a ROTH 401(k) or ROTH IRA right for you?

If you’re not in a high federal income tax bracket and don’t live in a high-tax state, making after-tax contributions to a ROTH 401(k) or IRA could be a good choice for you. You may also find these retirement savings options appealing if you don’t want to worry about income tax bills in retirement.  

If you’re looking for immediate tax benefits, it’s important to note that there are no current-year tax benefits to contributing to a ROTH 401(k) or IRA. Still, the long-term benefits outlined in the previous section can be substantial and are worth considering as part of your overall retirement savings strategy.

Maximum contributions for 2023

If you want to maximize your retirement accounts this year, you might be planning to save as much as possible by contributing large amounts to your ROTH 401(k) and ROTH IRA accounts. However, ROTH 401(k) and IRA contributions are capped by the IRS to prevent employees with higher pay rates from enjoying disproportionate tax savings.

Even if you’re only planning to make modest after-tax contributions to a ROTH 401(k) or IRA, you need to understand the contribution limits for 2023. Contribution limits for ROTH 401(k)s aren’t determined based on your total income, but contributions to ROTH IRAs may be. 

Maximum contribution for a ROTH 401(k) in 2023

For ROTH 401(k)s, the 2023 maximum contribution is $22,500. If you’re over the age of 50, you may also contribute an additional $7,500 catch-up contribution in an effort to reach your retirement savings goals more quickly. 

Maximum contribution for a ROTH IRA in 2023

For ROTH IRAs, the 2023 maximum contribution is $6,500 with a $1,000 catch-up contribution available if you’re over age 50. 

Withdrawing funds from a ROTH 401(k) or IRA

Whether you’re ready for retirement or you want to put your money toward a particularly large expense, you’ll eventually need to withdraw the funds in your ROTH 401(k) or IRA. To maximize your money, timing is everything—as is understanding the individual rules for each type of account.

Withdrawals from a ROTH IRA are penalty-free (and tax-free) after a five-year holding period and after you reach age 59½. If you withdraw before that age, there are no penalties on withdrawals of contributions. However, your earnings from the withdrawal will be subject to federal income tax and a 10% penalty.

Similarly, if you take a hardship distribution from your ROTH 401(k), income tax and a 10% penalty will be applied. However, you may be able to avoid the 10% penalty if the hardship distribution meets one of the exemptions, so be sure to check with your accountant before moving any money. 

Questions? We’re here to help. 

After-tax contributions to a ROTH 401(k) or IRA offer several important benefits to support the growth of your retirement savings, but you might find that navigating the contribution limits, tax implications, and other factors is easier with advice from a professional.

We can evaluate the possible effects any financial decisions may have on your retirement savings, and assist in ensuring that you’re following the guidelines associated with your retirement savings account. Contact us today. 

what-you-need-to-know-about-retirement-plan-early-withdrawals

What You Need to Know About Retirement Plan Early Withdrawals
What You Need to Know About Retirement Plan Early Withdrawals 1600 941 smolinlupinco

Retirement plan distributions are typically subject to income tax. If you take an early withdrawal, they may be subject to additional tax penalties. But what defines “early?” 

Generally, it’s when withdrawals are taken out of a traditional IRA or another qualified retirement plan before the plan participant reaches the age of 59½.  These distributions are often taxable and may also be subject to a 10% penalty tax (or 25% if taken from a SIMPLE IRA during the first two years of plan participation). 

While there are ways to avoid that penalty tax (but not standard income tax), the rules can be complicated—which one taxpayer had to learn the hard way. 

Exceptions to early withdrawal penalty tax

Some exceptions to the 10% early withdrawal penalty are only available to taxpayers who take early distributions from traditional IRAs. Other exceptions only apply to qualified retirement plans, such as 401(k)s. 

Exceptions include (but are not limited to): 

  • Medical cost payments exceeding 7.5% of your adjusted gross income
  • Annuity-like withdrawals made under IRS guidelines
  • Withdrawals made from an IRA, SEP, or SIMPLE plan up to the qualified amount of higher education expenses for you or a family member 
  • Withdrawals made by qualified first-time homebuyers of up to $10,000 from an IRA, SEP, or SIMPLE plan

Another exception is the total and permanent disability of the IRA owner or retirement plan participant.  

New court case results in tax penalty

In one court case (TC Memo 2023-9), a taxpayer took a $19,365 retirement plan distribution before reaching the age of 59½ after losing his job as a software developer. Per the U.S. Tax Court, he had a diabetes diagnosis which he treated with insulin shots and other medications.

The taxpayer filed a tax return for the year of the retirement plan withdrawal but did not report the amount as income due to his medical condition. However, the plan administrator reported the amount as an early distribution with no known exception on Form 1099-R, which was sent to the IRS and the taxpayer. 

According to the court’s ruling, the taxpayer did not qualify for an exception due to the disability.  They noted that an individual is considered disabled if they are “unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration” at the time of the withdrawal.

Because the taxpayer, in this case, had been able to work up to the year at issue despite the diabetes diagnosis, the $4,899 federal income tax deficiency was upheld. 

Lesson learned: work with a knowledgeable tax professional

As the taxpayer in this case learned, guidance is important when taking early retirement plan distributions. If you’re unsure whether you’re eligible for an exception to the 10% early withdrawal penalty tax, our CPAs can help.

Contact us to consult with a professional today. 

what-you-need-to-know-about-funding-your-revocable-trust-strong

What You Need to Know About Funding Your Revocable Trust
What You Need to Know About Funding Your Revocable Trust 1600 941 smolinlupinco

Revocable trusts, sometimes called “living trusts,” can offer substantial benefits. In the event that you become incapacitated, for example, they facilitate the management of your assets. They can also help avoid probate of said assets. 

But before you can obtain these benefits, you must fund the trust. In other words, you must transfer the title of assets to the trust, or designate the trust as a retirement account or insurance policy beneficiary. 

Take inventory of your assets 

If a revocable trust isn’t fully funded, such as if you acquire new assets but do not transfer title to the trust or name the trust as the beneficiary, those assets may be subject to probate. Additionally, in the event that you become incapacitated, the assets won’t benefit from the established terms of the trust. 

To ensure this is not the case, it’s important to take inventory of your assets on an ongoing basis to ensure it is fully funded. 

Maximize FDIC coverage

FDIC insurance coverage is another important reason to fund your revocable trust. Typically, you can benefit from FDIC insurance protection on bank deposits of up to $250,000. But with a properly structured revocable trust account, you may be able to increase that amount up to $250,000 per beneficiary—that’s $1.25 million, or $2.5 million for jointly owned accounts. 

Because FDIC insurance is offered on a per-institution basis, coverage can be multiplied when you open similar accounts at different banks. That said, FDIC rules pertaining to revocable trust accounts can be complex, such as with trusts that have more than five beneficiaries. 

Consult with a professional

Interested in avoiding probate? A financial advisor can help you take a periodical inventory of your assets and/or maximize the insurance coverage of your bank deposits. Contact us to speak with one of our financial professionals today. 

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