Tax Planning

end-of-year-tax-planning-for-individuals

End-of-Year Tax Planning for Individuals

End-of-Year Tax Planning for Individuals 1600 941 smolinlupinco

As we approach the end of the year, it’s important to start thinking about ways to lower your tax bill for 2022. One of the first steps you can check off your list? Determine whether you’ll take the standard deduction or itemized deductions for the year. 

Because of the high standard deduction amounts for this year—$25,000 for joint filers, $12,950 for single filers and married couples filing separately, and $19,400 for heads of household—many taxpayers won’t itemize their deductions. Also, note that many itemized deductions have been reduced or eliminated under current law. 

Those filers that do itemize can deduct medical expenses exceeding: 

  • 7.5% of adjusted gross income (AGI)
  • State and local taxes up to $10,000
  • Charitable contributions
  • Mortgage interest on a restricted debt amount

Unless they exceed your standard deduction, however, these deductions won’t save you money on your taxes. 

Working around deduction restrictions

By applying a “bunching” strategy to either push or pull discretionary expenses and charitable contributions into a tax-advantageous year, some taxpayers may be able to work around deduction restrictions. For example: if you’ll have itemized deductions for this year but not next, consider making two years’ worth of charitable contributions at one time. 

Keep reading for more ideas on how to work around deduction restrictions. 

Postpone income until 2023

By postponing income until next year and accelerating deductions into this year, you can claim larger 2022 tax breaks that are phased out over various AGI levels. 

These include: 

  • Deductible IRA contributions
  • Child tax credits
  • Education tax credits
  • Student loan interest deductions

Postponing income may also appeal to taxpayers with changed financial circumstances who anticipate being in a lower tax bracket in 2023. That said, some individuals may find it beneficial to accelerate income into 2022, especially if they anticipate being in a higher tax bracket next year. 

Convert a traditional IRA into a Roth IRA

Eligible individuals may want to consider converting a traditional IRA into a Roth IRA by the end of the year—particularly those with IRA-invested stocks or mutual funds that have lost value. 

Note that this conversion will increase your income for the current year, potentially reducing tax breaks that would otherwise be subject to phaseout at higher AGI levels. 

Account for the NIIT

For high-income individuals, it’s important to consider the 3.8% net investment income tax (NIIT) on certain unearned income—3.8% of the lesser of net investment income (NII), or excess of modified AGI (MAGI) over a threshold amount.

That threshold amount is: 

  • $250,000 for joint filers or surviving spouses
  • $125,00 for married individuals filing separately
  • $200,000 for others

Your desired approach to minimize or eliminate that 3.8% surtax will depend on your estimated NII and MAGI for the year. Note that NII does not include IRA (or most retirement plan) distributions. 

Defer bonuses

If you anticipate a bonus coming your way this year, it may work in your favor to speak to your employer about deferring it until early next 2023. 

Make qualified charitable contributions from a traditional IRA

Those who will be 70.5 years of age or older by the end of 2022 should consider making this year’s charitable donations through qualified contributions from a traditional IRA. This is especially advantageous for those who don’t itemize deductions. 

As these distributions are made directly from your IRA, the contribution amount is not included in your gross income or deductible on your tax return. 

Account for annual gift tax exclusions

Gifts of up to $16,000 made to each recipient can be sheltered by the annual gift tax exclusion if they are given before the end of the year. 

Need more ideas? Speak with a tax professional

These are just a few of the ways that you can save taxes this year. Contact us to work with a seasoned tax professional who can help you determine the best next steps for your situation.

moving-out-of-state-its-time-to-review-your-estate-plan

Moving Out of State? It’s Time to Review Your Estate Plan

Moving Out of State? It’s Time to Review Your Estate Plan 1600 941 smolinlupinco

If you’re planning a move to a different state, you probably have a long list of items to address: securing vehicle registrations, finding new primary care providers, and updating financial records, just to name a few. 

As you work your way through your to-do list, don’t forget to review your will and other estate planning documents—because a different state likely means different laws. 

State laws for estate planning

While your will is generally valid in any state, it’s worth noting that laws governing wills and most other estate planning documents can vary from state to state. Depending on where you move, you may need to take some extra steps to ensure total enforcement, such as appointing a new executor. 

Not only do you need to navigate different state laws, but you also need to stay abreast of changes, because state laws for estate planning often undergo reforms. In order to achieve the desired results and avoid forfeiting certain tax benefits—or, in a worst-case scenario, having your documents deemed obsolete—it’s important to stay up-to-date on current policies. You’ll also want to consider the impact of the new state tax on your pensions and other retirement plans. 

Review before you move

To simplify the process in the long term, we recommend reviewing your estate plan before you make the move to a different state. That way, you can determine whether any changes need to be made and revisit your documents accordingly. 

Need help? Contact us to work with an experienced tax professional.

are-tax-free-bonds-really-free-of-taxes

Are Tax-Free Bonds Really Free of Taxes?

Are Tax-Free Bonds Really Free of Taxes? 1600 941 smolinlupinco

While investing in tax-free municipal bonds generally provides tax-free interest, you may still encounter tax consequences. Keep reading to learn more about the potential tax and other financial consequences of investing in tax-free bonds.

Purchasing tax-exempt bonds

There are no immediate tax consequences for purchasing a tax-exempt bond for its face amount, whether on the initial offering or in the market. If you buy a tax-exempt bond between interest payment dates, however, you will owe the seller any accrued interest since the most recent interest payment date. 

The amount of interest accrued is then treated as a capital investment and will be deducted as a return of capital from the following interest payment. 

Is interest included in income?

Generally speaking, interest received on a tax-free municipal bond will not be included in gross income—but it may be used for alternative minimum tax (AMT) purposes. Tax-free interest may be appealing, but it’s important to note that compared to an otherwise equal taxable investment, a municipal bond may pay a lower interest rate. What really matters is the after-tax yield. 

The after-tax yield for a tax-free bond is typically equivalent to the pre-tax yield. Alternatively, the after-tax yield for a taxable bond is determined by your interest amount after accounting for the increase in your tax liability due to annual interest payments—which is based on your effective tax bracket. 

Taxpayers in higher brackets tend to be more interested in tax-free bonds, since excluding interest from income offers a greater benefit. Taxpayers in lower brackets, however, may find that the tax benefit from excluding interest from income may not adequately make up for a lower interest rate.

While not taxable, municipal bond interest still shows on a tax return. This is because tax-exempt interest is taken into account when determining the amount of taxable Social Security benefits (and other tax breaks). 

Tax-exempt bond interest and the NIIT

Another tax advantage of tax-exempt bond interest is that it is exempt from the 3.8% net investment income tax (NIIT). 

This is imposed on the investment incomes of individuals whose adjusted gross income exceeds:

  • $250,000 for joint filers
  • $125,000 for married filing separate filers
  • $200,000 for other taxpayers 

What about retirement accounts?

Because the income in your traditional IRA or 401(k) isn’t currently taxed, it generally isn’t logical to hold municipal bonds in those accounts. Once you start taking distributions, however, the entire amount withdrawn may be taxed. 

For those who want to invest retirement funds in fixed-income obligations, it’s typically a good idea to invest in higher-yielding taxable securities. 

Consult with a tax professional

Before investing in tax-free municipal bonds, it’s important to fully understand the tax implications—and those mentioned above are only some of the tax consequences. If you need assistance understanding and applying tax rules to your situation, contact us to work with a knowledgeable tax advisor.

© 2022

work-opportunity-tax-credit-how-can-you-benefit-as-an-employer

Work Opportunity Tax Credit: How Can You Benefit as an Employer?

Work Opportunity Tax Credit: How Can You Benefit as an Employer? 1600 941 smolinlupinco

In today’s tough job market, the Work Opportunity Tax Credit (WOTC) may benefit employers—particularly those who hire workers from targeted groups who often face barriers to employment. 

In September, the IRS issued updated information on the WOTC pre-screening and certification process. To meet the pre-screening requirements for job applicants, both applicants and employers must complete a pre-screening notice (Form 8850, Pre-Screening Notice, and Certification Request for the Work Opportunity Credit) on or before the day a job offer is made. 

Which new hires qualify employers for the WOTC? 

To be eligible for the WOTC, an employer must pay qualified wages to members of targeted groups. 

These groups include:

  • Temporary Assistance for Needy Families (TANF) program recipients
  • Veterans
  • Ex-felons
  • Designated community residents
  • Vocational rehabilitation referrals
  • Summer youth employees
  • Families in the Supplemental Nutritional Assistance Program (SNAP)
  • Supplemental Security Income (SSI) recipients
  • Long-term family assistance recipients
  • Long-term unemployed individuals

Note that the WOTC is generally limited to eligible employees who begin work prior to January 1, 2026. 

Additional WOTC rules and requirements

The WOTC is worth up to $2,400 for each eligible employee, with $4,800, $5,600, and $9,600 for certain veterans and $9,000 for long-term family assistance recipients. 

Additional requirements to qualify for the tax credit include: 

  • Each employee must have completed at least 120 hours of service for the employer
  • Employees must not be related or have previously worked for the same employer
  • Summer youth employees must be paid for services performed in any 90-day period between May 1 and September 15

Work with our tax professionals

There are some cases in which an employer may choose to not claim the WOTC—and some circumstances where the rules may not allow its allocation. Most employers hiring from targeted groups, however, can benefit from the tax credit. 


Contact us to work with an experienced tax advisor and determine the best next steps for your situation.

does-your-income-warrant-extra-taxes

Does Your Income Warrant Extra Taxes?

Does Your Income Warrant Extra Taxes? 1600 941 smolinlupinco

If you’re a high-income taxpayer, you may need to pay two extra taxes: a 3.8% net investment income tax (NIIT), and an additional 0.9% Medicare tax on wage and self-employment income. 

Keep reading to learn more about these taxes and what they might mean for you. 

3.8% NIIT

In addition to income taxes, the NIIT applies to your net investment income. This tax affects taxpayers with adjusted gross income (AGI) exceeding the following: 

  • $250,000 for joint filers
  • $200,000 for single taxpayers and heads of household
  • $125,000 for married individuals filing separately 

If your AGI is above this threshold, the NIIT applies to the lesser of: 

  • Your net investment income for the year, or
  • The excess of your AGI over the threshold amount for the tax year 

What incomes are subject to the NIIT? 

Net investment incomes subject to the NIIT include interest, dividends, annuities, royalties, rents, property sale net gains, and passive business income. This does not include wage income and active trade or business income, or tax-exempt income tax such as bond interest. 

After considering your income needs and investments, you may want to consider switching some of those taxable investments over to tax-exempt bonds. 

How does the NIIT apply to home sales? 

If you sell your primary residence, you may be able to exclude up to $250,000—or $500,000 for joint filers—in your income tax, which will not be subject to the NIIT. If your gain exceeds that amount, however, it will be subject to tax. This also applies to gain from selling a vacation home or other secondary residence. 

Note that distributions from retirement plans such as pension plans and IRAs are not subject to the NIIT. However, if these distributions push your AGI above the threshold, they can cause other income types to be taxed. 

Additional 0.9% Medicare tax

In addition to the 1.45% Medicare tax that applies to all wage earners, some high wage earners are subject to an additional 0.9% Medicare tax. This applies to wages that exceed: 

  • $250,000 for joint filers
  • $125,000 for married individuals filing separately
  • $200,000 for all others 

Note that this tax only applies to employees—not employers. 

The employer must begin withholding the additional 0.9% Medicare tax once their employee’s wages for the year reach $200,000. However, if the employee (or the employee’s spouse) has additional wage income from another job, this may prove insufficient. Instead, the employee may file a new W-4 with the employer to request extra income tax withholding. 

How does the extra Medicare tax affect self-employment income? 

In addition to the regular 2.9% self-employment Medicare tax, the additional 0.9% Medicare tax applies to self-employment income for the tax year that exceeds the same amounts as wage earners—note, however, that the $250,000, $125,000, and $200,000 thresholds are modified according to the self-employed taxpayer’s wage income. 

Work with our tax advisors

Income taxes can be complicated, especially when they vary from year to year. Is your income high enough that you owe these extra taxes? Contact us to discuss your taxes and their implications with a qualified tax professional.

© 2022

end-of-year-tax-planning-ideas-for-small-business-owners

End-of-Year Tax Planning Ideas for Small Business Owners

End-of-Year Tax Planning Ideas for Small Business Owners 1600 941 smolinlupinco

As we approach the last few months of the calendar year, it’s time to start thinking about ways to reduce your small business taxes. 

Deferring income and accelerating deductions to minimize taxes—the standard year-end approach—will likely give your business the best results. This also applies to bunching deductible expenses into this year and next to minimize their tax value. 

That said, those expecting to be in a higher tax bracket may get better results with an opposite strategy—for example, pulling income into the current year to be taxed at lower rates, while deferring deductible expenses until next year to offset higher-taxed income. 

Some additional ideas include: 

QBI deduction

Non-corporation taxpayers may be entitled to a qualified business income (QBI) deduction of up to 20%. If taxable income is higher than $340,100 for married couples filing jointly, or half that amount for others, the deduction may be limited (and phased in) based on: 

  • Whether the taxpayer is involved in a service-type business such as law, health, or consulting
  • The amount of W-2 wages paid by the business 
  • The unadjusted basis of qualified property held by the business, such as machinery and equipment

By deferring income, accelerating deductions to keep income under the thresholds, or increasing W-2 wages before the end of the year, taxpayers may be abe to to keep some or all of the QBI deduction. 

Cash vs. accrual accounting

Taxpayers must satisfy a gross receipts test in order to qualify as a small business. For 2022, this means that average annual gross receipts can’t exceed $27 million during a three-year testing period—ot that long ago, that amount was only $5 million. 

Compared to previous years, more small businesses are now able to use the cash accounting method for federal tax purposes, rather than accrual accounting. Cash method taxpayers may find that by holding off billings until next year, paying bills early, or making select prepayments, it is easier to defer income. 

Section 179 deduction

As a small business taxpayer, you may want to consider making expenditures that qualify for the Section 179 expensing option. Expensing is typically available for depreciable property—other than buildings—including equipment, off-the-shelf computer software, interior building improvements, HVAC, and security systems. 

For 2022, the expensing limit is $1.08 million with an investment ceiling of $2.7 million. This means that many small and medium-sized businesses will be able to deduct most or all of their expenditures for machinery and equipment—and that deduction isn’t prorated for the amount of time an asset is in service. If you place eligible property in service by the end of 2022, you can claim a full deduction for the year. 

Bonus depreciation

If qualified improvement property, machinery, and equipment is purchased and placed in service this year, businesses can generally claim a 100% bonus first-year depreciation deduction. 

As with the Section 179 deduction, this full write-off is an option regardless of how long those qualifying assets are in service in 2022. 

Develop a year-end tax plan with us

Tax rules can be complex, so it’s best to consult with a professional before acting. Contact us to work with an experienced tax professional to develop the best tax-saving strategies for your business.

© 2022

using-a-split-annuity-as-a-balanced-approach-to-retirement-and-estate-planning

Using a Split Annuity as a Balanced Approach to Retirement and Estate Planning

Using a Split Annuity as a Balanced Approach to Retirement and Estate Planning 1600 941 smolinlupinco

Maintaining your standard of living while trying to preserve your wealth for loved ones is a tightrope walk, something you’re probably aware of if you’re close to retiring or already enjoying this milestone in life. Finding a balance between these two goals is especially challenging since your retirement years could span decades. A way to maintain your income stream and hold onto financial assets is by investing in a split annuity.  

The Basics of an Annuity

In a nutshell, an annuity is an investment contract with tax advantages that you hold with an insurer or financial services company. You have the option to pay your premiums annually or by lump sum, and your service will pay over a set term or a lifetime in return. 

For purposes of the split annuity strategy covered below, we’ll highlight “fixed” annuities. These typically provide participants with a guaranteed minimum return rate. There are other annuities options, including “variable” and “equity-indexed,” which are more volatile but have significant upside potential compared to fixed products. 

Annuities can fall into two categories: immediate or deferred. Immediate annuities give you payouts immediately, whereas deferred options begin paying at a predetermined future date. 

Another consideration for annuity earnings is that they are tax-deferred. This means they will increase in value, tax-free until paid or withdrawn. Every payment will have a portion dedicated to standard income tax rates, and the remainder is considered a tax-free return of principal (premiums). 

Deferred annuities tend to grow faster than comparable accounts because of their ability to accumulate earnings on a tax-deferred basis. This perk offsets the modest interest rates they usually offer.

Another feature of annuities that make them attractive is the flexibility of reallocating or withdrawing funds according to your circumstances. Keep in mind that you may have to pay early withdrawal or surrender charges depending on how much you take and at what point this occurs in the annuity’s lifecycle.

Understanding the Split Annuity Strategy

Split annuities are not a single product, but rather two that are often funded by a single investment source. Most split strategies will involve using some of your funds to purchase an immediate annuity, making fixed payments over a specific term, such as 15 years. The funds you have left over then get invested in a deferred annuity that won’t pay out until the initial period has ended. 

The outcome is that once your immediate annuity term has ended, you will have accumulated enough earnings in your deferred annuity to equal what you originally invested. Essentially, if set up correctly, your split annuity will create a fixed income stream for several years that preserves your principal. 

Once the term has ended, reassess what options you have available. For instance, you might decide to have your deferred annuity start sending you payments, reinvest in another split annuity, withdraw a portion of the entire cash value it holds, or consider another investment option altogether. 

If you’d like to learn more about split annuities, reach out to us. We are eager to help you determine the best strategy for your retirement situation. 

© 2022

quarter-3-tax-calendar-2022-essential-deadlines-for-businesses-and-employers

Quarter 3 Tax Calendar 2022: Essential Deadlines for Businesses and Employers

Quarter 3 Tax Calendar 2022: Essential Deadlines for Businesses and Employers 1600 941 smolinlupinco

The following tax-related deadlines during quarter three of 2022 are important for employers and businesses to meet. However, this isn’t a complete accounting of all deadlines that might apply to you. To ensure that you meet all the necessary deadlines for your organization in the third quarter, reach out to our office today to learn more about the filing requirements you may have. 

August 1, 2022

  • The retirement plan report (Form 5500 or Form 5500-EZ) for the 2021 calendar year is due, or you can request an extension to file. 
  • Second quarter reporting of your income tax withholding and FICA taxes (FORM 941) is due, and any tax owed should be paid. There is an exception below under the August 10th deadline.

August 10, 2022

  • If you paid all associated taxes due on time, you should report your second quarter 2022 income tax withholding and FICA taxes (Form 941).

September 15, 2022 

  • Pay your third installment of 2022 estimated income tax if you are a calendar-year C-corporation.
  • For companies that filed for an automatic six-month extension as a calendar-year S-corporation or partnership:
    • Pay all interest, penalties, and owed taxes on your 2021 income tax return filing (Forms 1065, 1120S, or 1065-B). 
    • Make necessary contributions to certain employer-sponsored retirement plans for 2021.

© 2022

how-taxes-affect-merger-and-acquisition-transactions

How Taxes Affect Merger and Acquisition Transactions

How Taxes Affect Merger and Acquisition Transactions 1600 941 smolinlupinco

Despite merger and acquisition (M&A) activities being lower in 2022, reports suggest that businesses are still successfully sold. If you’re considering an M&A with another company, it’s essential that you know the tax implications of your transaction under current law.

M&A Transactions: Stocks vs. Assets

From a tax perspective, merger and acquisition transaction structures can take one of two forms: 

1. Buyers could opt to purchase business assets. This scenario usually takes place when buyers only want to purchase specific product lines or assets. If the targeted company is a sole proprietorship or single-member LLC treated as a sole proprietor for tax reasons, this could be the only option for an M&A transaction. 

2. Buyers purchase a seller’s stock or ownership interest. This often takes place if their business operates as one of the following:

  • C-Corp
  • S-Corp
  • Partnership
  • LLC treated as a partnership for tax purposes

Currently, the corporate federal income tax rate is at 21%, creating a more favorable environment for purchasing stock of C-corporations. This is because corporations have fewer tax obligations and more after-tax revenue than ever before. Also, consider that these companies have lower tax rates for their built-in gains from corporate asset appreciation when selling.

Current law puts individual federal tax rates even lower than they were a few years ago, which may grow ownership interest in LLCs, S-Corps, and partnerships. This is possible thanks to the lower tax rate buyers can enjoy on their personal returns for the pass-through income these entities generate. Keep in mind that these individual rate cuts are due to sunset at the end of 2025, though they could be extended or ended earlier, depending on changes coming from Washington in the future.  

Special Note: There are some situations where purchasing corporate stock could be viewed as an asset purchase if a “Section 338 election” is taken. Talk to your tax advisor to get more details. 

What Buyers and Sellers Want in M&A Transactions

Why do buyers prefer asset purchases over ownership interest? For a couple of good reasons. 

Typically, a buyer wants their acquired businesses to generate enough cash flow to pay off any incurred debt and make a decent ROI. So, it makes sense that buyers want to limit their exposure to any unknown (and undisclosed) liabilities. They also keep their tax liability at a minimum once the deal is finalized. 

Buyers have the option of increasing, or stepping up, an acquired asset’s tax basis to reflect the price paid. Doing this lowers taxable gains whenever assets involving inventory or receivables are converted to cash or sold. This also boosts depreciation and deductions for amortizations of qualifying assets. 

On the other hand, some sellers pursue stock sales for reasons that have to do with taxation and interest liabilities. A primary objective for stock buyers is to reduce the tax expense related to the M&A transaction. This is usually done through selling their business ownership interest (LLC, partnership, or corporate stock interests) and not business assets. 

When selling ownership interests or stocks, the associated liabilities are often transferred to the buyer, and any gains get classified as a lower-taxed long-term capital gain. But this is based on the assumption that the ownership interest has existed for more than a year.

Still, unexpected tax issues can arise when buying or selling a business, such as those caused by employee benefits. You’ll want to follow the latest IRS reporting guidelines closely. Getting the right professional guidance in these situations is always wise.

Work with an M&A Advisor

In business, acquiring a new company can be one of the most important decisions you’ll ever make. This is why you need professional tax advice during the negotiation process. Waiting to take this step until after you finalize the deal could be too late to maximize your tax results. Reach out to our office today to learn more about how to best proceed with your M&A transaction. 

© 2022

are-social-security-benefits-taxable

Are Social Security Benefits Taxable?

Are Social Security Benefits Taxable? 1600 941 smolinlupinco

For some new Social Security recipients, it comes as a shock when they see their benefits taxed by the federal government. Will this be the same for you? Maybe, maybe not. 

Whether you have to pay taxes on your benefits depends on your other income. In situations where your income is high, you can expect the feds to tax anywhere between 50-85% of your monthly payment. Don’t worry, though. This doesn’t mean you’ll lose that much of your benefits, just that that percentage would be subject to taxation. 

Understanding your income

Understanding how much you can expect to pay in tax for your Social Security benefit requires assessing how much other income you have. This could include certain items that are usually tax-free, like tax-exempt interest. Combine that income with your spouse’s income on your joint tax return.

Next, half of your and your spouse’s benefits are added to the sum. The final figure you calculate should be your total combined income plus half of the social security payments received. This total should have the following rules applied to it:

  1. Your benefits remain untaxed when your income and half benefit amount don’t exceed $32,000 for married couples or $25,000 for single taxpayers.
  2. When your income and half benefit total exceeds the $32,000 threshold but is less than $44,000, half of the excess amount over $32,000 gets taxed, or half your benefit amount, whichever is less. 

An illustrative example

Let’s say you and your spouse have $20,000 in taxable dividends, $2,400 of tax-exempt interest, and combined Social Security benefits of $21,000. So, your income plus half your benefits is $32,900 ($20,000 + $2,400 +½ of $21,000). You must include $450 of the benefits in gross income (½ ($32,900 − $32,000)). If your combined Social Security benefits were $5,000, and your income plus half your benefits were $40,000, you would include $2,500 of the benefits in income: ½ ($40,000 − $32,000) equals $4,000, but half the $5,000 of benefits ($2,500) is lower, and the lower figure is used.

Important Note: If you’re currently paying taxes on your Social Security benefits since your income is under the threshold, or if you’re only liable for 50% taxes on your benefits, you risk triple taxation if your income increases. This means an increased tax liability on your Social Security (or an increase), paying taxes on your additional income, and potentially ending up in a higher marginal tax bracket.  

This can sometimes occur when taking a large IRA distribution or having significant capital gains. Planning ahead to avoid these negative tax implications is always wise. You may have ways to spread out this new income over several years or liquidate non-IRA accounts, including items like a stock that only makes small gains or those with gains or a capital loss on shares to offset. 

Consider filing a Form W-4V to have tax withheld from your payments if you know your benefits will get taxed. If not, then you can always make estimated quarterly tax payments. You should remember that while most states don’t tax your Social Security payments, there are a dozen that do. Contact us for assistance or more information.

© 2022

in NJ & FL | Smolin Lupin & Co.