Wednesday, August 29, 2012

Trillion Dollar Taxpayer


When America's biggest corporations make news for their taxes, it's usually for how little they pay. One recent study, for example, argues that 26 big corporations, including AT&T, Boeing, and Citigroup, paid their CEOs more than they paid Uncle Sam in federal income tax. (Comparisons like that might bring to mind an old Babe Ruth quote. In 1930, a reporter pointed out that Ruth's $80,000 salary was more than the President's -- to which the Babe replied "I know, but I had a better year . . .") Now, another corporate giant is making headlines for its taxes. And for once, the surprising news involves how much it paid, not how little.

Exxon and Mobil are iconic corporate names. Both began life as parts of John D. Rockefeller's original Standard Oil Company. Both were spun off in 1911 when the U.S. Supreme Court found Standard Oil guilty of illegally monopolizing the oil refining industry. ("Standard Oil Company of New Jersey" eventually grew into Exxon, while "Standard Oil Company of New York" morphed into Mobil.) When the two giants re-joined to create ExxonMobil in 1999, they instantly became the biggest publicly-traded corporation on earth. And since then, they've only gotten bigger, with a "market capitalization" (total value of outstanding publicly-traded shares) topped only by tech giants Apple and Microsoft, and the largest company on earth by revenue.

You would expect a corporation this size to pay a lot in taxes, right? And for once, you would be right. In fact, a recent study by economist Mark Perry reveals that ExxonMobil has paid over one trillion dollars in taxes since that merger. That's a full three times the profit the company earned for its actual shareholders.

Take 2008, for example. ExxonMobil's profit reached a staggering $46.87 billion, the highest annual profit since the Romans invented the corporation. But they also paid $36.53 billion in income taxes, $34.51 billion in excise taxes, and $41.72 billion in other taxes, including sales taxes. Do the math and you'll see that totals $112.76 billion -- $9.4 billion per month, $2.17 billion per week, $309 million per day, and $214,535 per minute.

Skeptics might reply that ExxonMobil doesn't actually "pay" all those taxes out of its own pocket. They argue that the corporation just passes the cost of excise taxes on to customers and merely collects sales taxes imposed by state and local governments on buyers. But there's no arguing that the economic activity generated by this particular actor ultimately led to that trillion dollars in worldwide tax revenue.

We're not here to champion "Big Oil" in general, or ExxonMobil in particular. We realize ExxonMobil has been criticized for inadequately responding to various oil spills, funding research disputing "global warming" claims, and even violating workers' human rights in Indonesia. We're here to champion the value of surprising information -- especially when we can use that information to your benefit.

You'd probably be surprised, for example, to learn that some business owners deduct their family's medical bills as a business expense. But that's exactly what a medical expense reimbursement plan allows. You'd probably be surprised to learn that you can deduct the cost of crashing your car if it happens while you're driving for work. But that's what the law allows.

We constantly go to the well for smart tax strategies, so you don't have to. Call us if you want to put this sort of information to work for you! And remember, we're here for your friends, family, and colleagues, too.


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
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Wednesday, August 15, 2012

Living the Tax-Free Life


As the 2012 election draws near, and taxes take center stage in that election, politicians and pundits are weighing in on Republican nominee Mitt Romney's personal taxes. Will he release any of his returns for years before 2010? Did he really not pay any tax at all in some of those years? Is there something in those returns that he fears might jeopardize his campaign?

But Mitt Romney isn't the only candidate enjoying tax-advantaged income. President Barack Obama, like Presidents before him, enjoys tax-free benefits that would make most corporate CEOs drool with envy. And it's not a scandal — it's all out in the open for any voter to see.

Let's start with the basics. The President earns a $400,000 annual salary — barely enough, by itself, to put him in the much-vaunted "1%." He also gets a $50,000 annual entertainment allowance, which helps support those State Dinners.

But salary and allowance are just the tip of the President's compensation iceberg. For starters, there's a 55,000 square-foot house on 18 prime acres of Washington real estate that Zillow.com estimates would rent for $1,752,296 per month. (The tax alone on the value of that rent is $7.36 million per year.) There's also a rustic cottage just outside DC, staffed by the U.S. Navy and Marine Corps, that he uses as a vacation retreat.

Next, there's security. Plenty of CEOs and celebrities hire bodyguards to ward off real or imagined threats. And that security may be tax-deductible. (Hard for the IRS to collect tax on your income if you're not alive to earn it.) But the President's Secret Service protection is tax-free, and his guards are the best of the best. While the exact value of the President's protection is a closely-guarded secret, the House of Representatives voted $113 million in funding for the 2012 campaign.

Those of you travel often will probably agree that the President's most valuable perk is the privilege to fly without the usual TSA "perp walk." CEOs typically fly Gulfstreams, Bombardiers, and similar aircraft, with barely enough headroom to stand up straight. The President, on the other hand, enjoys not one, but two fully-loaded 747-200Bs, both equipped with executive stateroom, office, conference room, and state-of-the-art navigation and communications systems that let him conduct business in the air, even if the country is under attack. (The term "Air Force One" doesn't refer to a specific plane — it's the official air traffic control signal for any aircraft carrying the President.) Corporate jets typically carry a dozen passengers and cost $3,000 to $6,000 per hour to operate, while Air Force One carries 102 passengers and crew and costs a whopping $181,000 per hour.

Then there are the "little" perks that ease the stress of leading the free world. The fawning staff. The private chefs. The first-run movies, delivered straight to your own "media room." Fully tax-free, of course . . . who can even figure out how to tax them?

The perks won't stop when the President leaves office. As with all former Presidents, he'll enjoy a pension equal to a Cabinet-level salary (currently $199,700). He'll enjoy continued Secret Service protection, for himself and his family, for 10 years from the date he leaves office. He'll get reimbursed for staff, travel, and office expenses. And he'll be able to earn a small fortune writing memoirs and giving speeches — although that fortune will be fully taxable.

Most of us would agree that any President earns every dime we pay him, whether that income takes the form of salary or benefits. But you don't have to be President of the United States to profit from tax-free perks and benefits. Helping you make the most of those opportunities for your business is a big part of our business. Call us for a plan that makes the most of your opportunities! 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
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Wednesday, August 1, 2012


Bringing Home the Gold

Friday marked the Opening Ceremonies of the Games of the XXX Olympiad. Britain's Queen Elizabeth, along with her Corgis, made their film debut parachuting into the stadium with superspy James Bond. The world's eyes are waiting to see who takes home the gold — and whenever someone takes home "the gold," you know the IRS will be there to help them count it!

How excited do our friends at the IRS get when the Olympics roll around? Well, believe it or not, there's an argument to be made that the medals themselves are taxable. Way back in 1969, the Ninth Circuit Court of Appeals ruled that shortstop Maury Wills owed tax on the $10,000 value of the Hickock Belt he received for being named Athlete of the Year. But the IRS isn't taxing Olympiads on their medals — at least, not yet. (Would that mean a Gold medal is just a Silver, after taxes?)

The United States Olympic Committee — the nonprofit organization that coordinates U.S. Olympic efforts — awards its own cash prizes to U.S. medalists. Those prizes are $25,000 for each Gold medal, $15,000 for each Silver, and $10,000 for each Bronze. That income is obviously taxable.

But the IRS knows the real payoff doesn't come from the medal itself. The real payoff comes from endorsement deals the stars make. Take swimmer Ryan Lochte, for example. On Saturday, he dethroned Michael Phelps as king of the mens' 400 meter individual medley. Lochte had already appeared in commercials for Nissan, AT&T, Gatorade, and Gillette, before the games had even begun. Fortune magazine estimates he'll make $2.3 million this year, before any bonuses for, you know, actually bringing home an Olympic medal. Forbes estimates that if Lochte picks up more gold in London, his endorsements might actually top those of Phelps. And Bloomberg BusinessWeek guesses that Phelps made $6 million in 2010. With possibilities like that, you can be sure the IRS will have their fingers crossed for Thursday's 200 meter individual medley!

Some athletes do well in competition and do well in endorsements, but still manage to disappoint the IRS. In 2010, skiier Lyndsey Vonn took home the gold in womens' downhill, which led to endorsement deals with Under Armour, Red Bull, Rolex, and Kohl's. Earlier this year, the IRS slapped her with a lien for $1.7 million in tax. (Lyndsey promptly settled her debt, blamed it on a nasty divorce from her husband and trainer, and apologized on her Facebook page.)

Olympic fame and fortune can pay financial dividends for decades to come. Thirty-six years ago, a determined American athlete named Bruce Jenner became a national hero, setting a new Olympic record while winning the gold in the decathlon. Three decades later, he's making headlines again as stepfather to those krazy Kardashian sisters. Is it paranoid to start wondering now which of today's Olympic champions will preside over a reality-TV trainwreck in 2042?

We realize that few of you are reading these words from Olympic Village in London's East End. But it's important to plan ahead for any sort of special prizes or windfalls you enjoy. Whether you're bringing home a medal, or you just want to keep more of the gold you've already got, we're here for you, and for your family, friends, and colleagues, too. 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
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Wednesday, July 25, 2012


HOT THOUGHTS
What do Margaret Mitchell, Mark Twain, and Shaquille O'Neill all have in common? None of them like paying taxes, that's what! Here's a collection of tax quotes to start your day.

"Death and taxes and childbirth. There’s never any convenient time for any of them."
Margaret Mitchell
"Blessed are the young, for they shall inherit the national debt."
Herbert Hoover
"You know we all hate paying taxes, but the truth of the matter is without our tax money, many politicians wouldn’t be able to afford prostitutes."
Jimmy Kimmel
"The government deficit is the difference between the amount of money the government spends and the amount it has the nerve to collect."
Sam Ewing
"Basic tax, as everyone knows, is the only genuinely funny subject in law school."
Martin Ginsburg (Professor, Georgetown University Law Center)
"You’d be surprised at the frivolous things people spend their money on. Taxes, for example."
Nuveen Investments (Advertisement)
"If you sell your soul to the Devil, do you need a receipt for tax purposes?"
Mark Russell
"I shall never use profanity except in discussing house rent and taxes."
Mark Twain
"Last time I looked at a check, I said to myself, 'Who the hell is FICA? And when I meet him, I’m going to punch him in the face. Oh my God, FICA is killing me.'"
Shaquille O'Neill
"The invention of the teenager was a mistake. Once you identify a period of life in which people get to stay out late but don’t have to pay taxes — naturally, no one wants to live any other way."
Judith Martin ("Miss Manners")


We hope you enjoyed these quotes. But please remember this: there's nothing funny about paying more tax than you legally have to. If this summer's heat has your blood boiling about taxes and you're looking for a plan to pay less, call us today!


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

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Wednesday, July 18, 2012

YOU'RE FIRED

Nobody really likes paying taxes. Sometimes, even the folks who work for the IRS resent paying the taxes that go towards funding their own salaries. Usually they just grumble about it and then go on with their day. But sometimes they try a little "self help." So now let's look at what one auditor did when she wanted to minimize her taxes.

Jacynthia Quinn spent 20 years as an IRS auditor in El Monte, California. The IRS audited her and her husband for 2006 (when she claimed $23,549 in charitable deductions and $22,217 in medical expenses) and 2007 (when she claimed $24,567 in charitable deductions and $25,325 in medical expenses). The Service disallowed those charitable and medical deductions, among other writeoffs, and the case wound up in Tax Court.

You'd think an IRS auditor would be the first to know how to avoid an audit! So, how did Quinn do on the other end of the hot seat? Well, let's look at those charitable contributions first:

"Petitioner proffered 'receipts' purportedly confirming charitable contributions. They were inconsistent and unreliable. Representatives from seven different charitable organizations credibly testified that the receipts were altered or fabricated. For example, petitioner offered a receipt purportedly substantiating $12,500 of charitable contributions to a religious organization. The purported receipt, however, identified individuals other than the couple as the donors. The organization’s records did not reflect any contributions made by the couple and confirmed that the other identified individuals had contributed $12,500."


Uh oh. That doesn't sound good. Bad enough if one donor testifies your receipts are faked. But seven? How about those medical deductions? Any better luck there?

"Petitioner similarly failed to substantiate the claimed medical and dental expenses. Some of her documentation also suffered from authenticity problems and appeared to have been 'doctored.' Petitioner offered three documents purportedly issued by Dr. Christopher Ajigbotafe or his staff confirming more than $9,000 in medical expenses for Mr. Quinn. Each document, however, spelled the doctor’s last name differently ('Ajigohotafe,' 'Ajibotafe' and 'Ajigbotafe'). One 'statement' was dated in January 2006 and estimated expenses for the upcoming year. The amount of expenses for 2007 contained in another 'statement' was contradicted by a letter purportedly from the doctor’s staff."


Keep in mind here that Quinn is an IRS auditor, with 20 years of training and experience auditing exactly these sorts of deductions! Naturally, the Tax Court didn't show her a lot of sympathy — they sided with the IRS on every issue and even smacked her with a civil fraud penalty. In fact, the IRS Restructuring and Reform Act of 1998 requires the IRS to fire any employee who willfully understates their federal tax liability (unless they can show the understatement is due to "reasonable cause" and not "willful neglect"). Since Quinn's own "excuse" is on a par with the dog eating her homework, she's likely to lose her job as well.

It's certainly entertaining to read about cases like Jacynthia Quinn's. It's satisfying to see a cheater get her comeuppance. And it's great to see the IRS enforcing the same rules for its own employees as it does for us. But there's a valuable lesson here, even for the majority of us who don't cheat. Dotting the "i's" and crossing the "t's" is important for everyone. That's why we don't just outline strategies and concepts to help you pay less tax. We work with you to implement those strategies and document them to survive scrutiny. And remember, we're here for your family, friends, and colleagues too! 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

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Wednesday, July 11, 2012

Show Me The Money!



The week before last, while most of America was still digesting news of the Supreme Court's decision on healthcare reform, morenews hit the wires. That's right, Hollywood A-listers Tom Cruise and Katie Holmes, better known as "TomKat," are calling it quits after nearly six years of marriage. Of course, Tom has been down this road twice before. But this split has already spawned far and away the biggest headlines, and tinseltown gossips are working overtime. How long has Katie planned her escape? What role does Cruise's association with the controversial Church of Scientology really play? Were Tom's lawyers really letting Katie "play the media" while they readied his reply?

News of the split came at nearly the same time as Forbes naming Cruise the world's top-earning actor. His latest blockbuster, #4 in the Mission: Impossiblefranchise, pulled in a whopping $700 million, powering Cruise to a $75 million year. So naturally, we want to know what the divorce means for the IRS!
Divorce is usually pretty straightforward, at least from the taxman's perspective. Property settlements between divorcing spouses are generally tax-free. Alimony or spousal support is usually deductible by the payor and taxable to the payee — which lets the divorcing couple shift the tax burden on that income from the higher-taxed "ex" to the lower-taxed ex. Child support is both nondeductible and nontaxable — it's strictly an after-tax obligation. And legal fees are a nondeductible personal expense, except for amounts allocated to figuring alimony payments.

But celebrity divorces can be risky business. Sometimes it's hard for outsiders to understand the stakes, which can be as different from ordinary splits as night and day. Katie hired a top gun New York attorney to represent her, one who knows all the right moves where celebrity divorce is concerned. You can be sure the tabloids were rooting for a war of the worlds — but we were just hoping daughter Suri, age 6, wouldn't end up as collateral damage!

The Cruises had a prenup, of course. It reportedly gave Katie $3 million for each year of marriage, plus a 5,878 square foot house in Montecito, CA, where Oprah Winfrey, Kevin Costner, and Rob Lowe also have homes. And last year, Cruise deeded Holmes an apartment in Manhattan. We're sure the firm that drafted TomKat's prenup did a fine job. Of course, golfer Tiger Woods also had a prenup limiting wife Elin Nordegrin to $20 million — but she wound up walking away with five timesthat amount.

What sort of romantic prospects will the couple enjoy after the divorce? Well, Cruise should be fine. He's already a legend — he can sit back with a cocktail and audition new starlets for the role of Wife #4. And as for Holmes, she's still young, so we're sure she can still attract at least a few good men who want to show her the color of their money.

So Hollywood is playing "Taps" for Tom and Katie's storytale romance. It wasn't endless love after all. Though the media had already shifted into over-drive, anticipating a public PR battle, the quick and confidential resolution makes it possible that the story may actually just fade into oblivion.
Now, if you look carefully at this email, you'll find references to seventeenTom Cruise movies. Can't find 'em all? Give us a call. We're experts at finding hidden opportunities, especially where it comes to taxes!


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

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Tuesday, July 3, 2012

The Cost of Reform


By now, of course, you've heard the news that the U.S. Supreme Court upheld the Affordable Care Act, also known as "Obamacare." Ironically, the Court ruled that the controversial individual mandate is constitutional under the government’s power to tax, rather than its power to regulate commerce.
We're not here to debate the merits of the Court's decision. If that's what you want, turn on any cable news network and you'll find various assorted bloviators from both sides, bloviating right now. (Try it. It's fun!)

What we are here to discuss is how the Court's decision affects your tax bill. That's because the original legislation that the Court upheld makes care affordable in part by imposing several new taxes — in addition to the "tax" or "penalty" imposed by the individual mandate — that will now go into effect as already scheduled:
  • On January 1, 2013, the Medicare tax on earned income, currently set at 2.9%, jumps to 3.8% for individuals earning over $200,000 ($250,000 for joint filers, $125,000 for married individuals filing separately).
  • Also on January 1, there’s a new “Unearned Income Medicare Contribution” of 3.8% on investment income of those earning more than $200,000 for individuals or joint filers earning more than $250,000. (Doesn't that sound better than "tax"?)
  • Beginning January 1, 2014, there's a $2,500 cap on tax-free contributions to flexible spending accounts.
  • Also beginning January 1, 2014, employers with more than 50 employees face a penalty of $2,000 per employee for not offering health insurance to full-time employees.
  • Finally, the threshold for deducting medical and dental expenses rises from 7.5% of your adjusted gross income to 10%. You probably don't get to deduct your out-of-pocket medical expenses anyway — but the new, higher threshold will just make it that much harder.
These new taxes raise new planning questions. How can we structure your investment portfolio to avoid the new "Unearned Income Medicare Contribution"? (Doesn't that sound better than "tax"?) What role should flexible spending accounts play in your finances? Should we look at a Health Savings Account or Medical Expense Reimbursement Plan to write off newly-disallowed medical expenses?

And the new healthcare taxes aren't the only challenge we face this Independence Day. We're six months away from what some wags are calling "Taxmageddon." On January 1, the Bush tax cuts are scheduled to expire. And the 2% payroll tax "holiday" expires as well. These mean higher taxes for everyone, not just "the 1%." But with Washington geared up for elections, there's little hope for quick or easy resolution.

Together, these new developments make for some real planning challenges. But when the going gets tough . . . the tough get going. So count on us to get going on today's most pressing planning questions. And remember, we're here for everyone at your July 4th barbecue! 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
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Thursday, June 28, 2012

Health Care Reform Act Upheld


By now of course you've heard that the U.S. Supreme Court has upheld the key provisions of the Affordable Care Act, or "Obamacare." In an unexpected twist, the Court ruled that the controversial individual mandate is constitutional, but under the government's power to tax, rather than to regulate commerce.

We don't need to go into the details of the ruling itself -- just turn on your television, and somewhere, somebody is opining on it right now! But we do want to remind you the Court's decision means several new taxes will go into effect as scheduled:
*       On January 1, 2013, the Medicare tax will go up by 0.9% for individuals earning over $200,000 ($250,000 for joint filers, $125,000 for married individuals filing separately).
*       Also on January 1, there will be a new "Unearned Income Medicare Contribution" of 3.8% on investment income, for those earning more than $200,000 ($250,000 for joint filers).
*       Beginning on January 1, 2014, there will be a new $2,500 limit on tax-free contributions to flexible spending accounts, and employers with more than 50 employees will face a penalty of $2,000 per employee for not offering health insurance to full-time employees. 
*       Finally, the threshold for deducting medical and dental expenses rises from 7.5% of adjusted gross income to 10%. This will make these expenses even harder to deduct without help from advanced strategies like Health Savings Accounts or Medical Expense Reimbursement Plans.
So, while the constitutional issues may be settled, several planning challenges certainly remain. We'll be following developments carefully in order to help you navigate these new challenges. If you have any questions, don't hesitate to call us at (704) 544-7600.



Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

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To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Wednesday, June 27, 2012

Less Rich. Less Famous. Less Tax.


Last week, we brought you a story from those party animals at the IRS Statistics of Income Division about an annual report on the 400 highest incomes in America. It turns out they're a very successful bunch — for 2009, they earned an average of $202.4 million and paid an average of $40.9 million in tax. This week, we're going to talk about a different group of taxpayers. Less rich, less famous, but maybe more successful in their own way.

Back in 1969, Treasury Secretary Joseph Barr was shocked to discover that 155 Americans had earned over $200,000 that year, yet paid nothing in tax. Zip. Zilch. Nada. ($200,000 isn't bad money now — back then, it had about the same buying power as $1.2 million today.) Washington huffed and puffed, then passed the "Alternative Minimum Tax," or AMT. In 1970, the new tax surprised 18,464 unhappy taxpayers. No one could have foreseen it growing into a complete "parallel" tax system, a many-headed Hydra that millions every year.

Fast-forward to today. With the AMT firmly in place, the IRS has just released a 61-page report revealing that in 2009, 20,752 taxpayers earned over $200,000 and paid — you guessed it — zero tax. (Aren't you glad you've got us to go through those 61-page IRS reports?) That's one out of every 189 Americans earning above that amount. And the number of nontaxable high-income returns is growing fast — five years earlier, there were just 2,833 tax-free winners.
How do they do it? The IRS identified "four categories that most frequently had the largest effect in reducing taxes":
  1. Tax-exempt interest: Municipal bond interest income is exempt from federal and most state income taxes (although income from "private activity" bonds is subject to AMT). If you're paying significant tax on interest income, we can help you decide if municipal bonds can help cut your tax.
  2. Medical and dental expenses: These are deductible to the extent they top 7.5% of your adjusted gross income (going up to 10% next year, unless the Supreme Court strikes down that part of the Affordable Care Act). Medical deductions include far more than just the obvious doctors, dentists, and prescriptions. If you suffer from arthritis, for example, you might write off the cost of a swimming pool your doctor prescribes to relieve your symptoms.
  3. Charitable contributions: Charitable gifts let you do well for yourself while you do well for others. They're deductible up to 50% of your adjusted gross income. We can help you make the most of your gifts, especially noncash contributions and appreciated property.
  4. Partnership and S corporation net losses: "Pass-through" entities let you report business losses on your personal return. We can help you decide if these are right for your business.
There you have it. Four ways to turn $200,000 into zero tax — and 20,752 stories to help inspire you. We're pleased that you take time to read these weekly emails. But it's not enough just to give you the news. Our real job is to help you put it to use to pay less tax yourself and now is the time for tax planning. And don't forget, we're here for your family, friends, and colleagues too! 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

Join Us On - Facebook   -  Linked In



To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


Wednesday, June 13, 2012

A Big Ouch - Documenting Charitable Deductions


The English novelist and playwright Henry Fielding once wrote that "a rich man without charity is a rogue; and perhaps it would be no difficult matter to prove that he is also a fool." But sometimes you can be rich, charitable, and foolish, all at the same time. And that can make for some really expensive mistakes.

Joseph Mohamed is a California real estate broker and appraiser who's made a fortune buying, selling, and developing real estate. In 1998, he and his wife Shirley set up a charitable remainder trust for the benefit of the Shriners Hospitals for Children, the Sacramento Food Bank & Family Services, and the Pacific Legal Foundation. Then, in 2003 and 2004, he donated six California properties to the trust: four adjacent street corners in Rio Linda, a 40-acre subdivided parcel south of Sacramento, and a shopping center in Elk Grove.

Mohamed prepared his own taxes for those two years — definitely not standard operating procedure for someone in his shoes. When it came time to fill out Form 8283, "Noncash Charitable Contributions", he skipped the instructions because "it seemed so clear that he didn't think he needed to." The form said the description of the donated property could be "completed by the taxpayer and/or appraiser." And Mohamed was an appraiser, right? Of course he knew what his own properties were worth. How hard could it really be? He attached statements to his returns explaining how he valued the two biggest parcels. Then he deducted $18.5 million for the gift, satisfied that he had done all he needed to substantiate his write off.

It turns out, though, that the IRS wants a teensy bit more than just your say-so before handing out eighteen million in benefits. In fact, they have some pretty specific rules for deducting any gift of property worth more than $5,000. You need a "qualified" appraisal, made no sooner than 60 days before the gift and no later than the due date of the return reporting the gift itself. It has to be signed by a certified appraiser — not the donor or the taxpayer claiming the deduction. And the appraisal has to include specific information about the property itself, your basis in the property, and how you acquired it in the first place.

The IRS started auditing Mohamed's 2003 return in April, 2005. You can probably imagine how charitably inclined they were toward his self-appraisal. So Mohamed went out and got independent appraisals showing the properties were worth over $20 million — two million more than he deducted. And the trust actually sold the 40 acres south of Sacramento for $23 million. You would think that would be enough. But you would be wrong. The IRS held firm, and the case wound up in Tax Court.

Last month, the Court issued their 26-page opinion in Mohamed v. Commissioner. They ruled that none of Mohamed's appraisals were "qualified" under Section 1.170A-13(c)(3)(i) and shot down his entire deduction. The Court confessed that "We recognize that this result is harsh — complete denial of charitable deductions to a couple that did not overvalue, and may well have undervalued, their contributions — all reported on forms that even to the Court’s eyes seemed likely to mislead someone who didn’t read the instructions." But, the Court continued, "the problems of misvalued property are so great that Congress was quite specific about what the charitably inclined have to do to defend their deductions, and we cannot in a single sympathetic case undermine those rules."

So, ouch. Big, big ouch. (Insert expletive here.) Eighteen million bucks worth of deductions, lost because someone didn't dot the i's and cross the t's. Six million in actual tax savings, down the proverbial drain. We realize it sounds self-serving to tell you to come to us before you make a big financial move. But Joseph Mohamed's case emphasizes how important this really is. You may not have millions riding on doing it right. But are you really willing to risk tax benefits you truly deserve by doing it yourself? 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

Wednesday, April 4, 2012

Mad at Taxes

Fans of AMC's Mad Men rejoiced last week when Don Draper and his colleagues at Sterling Cooper Draper Pryce returned after a 17-month absence. The year is 1966, and change is in the air. Protestors oppose the war in Vietnam, and riots break out in Los Angeles, Cleveland, and Atlanta. The "kids" are listening to Dusty Springfield and the Rolling Stones. And the "grownups" are struggling to make sense of it all.

Mad Men creator Matthew Weiner is famed for his obsessive attention to period detail. (One episode featured junior executive Pete Campbell displaying a spectacularly ugly "chip and dip" platter he received as a wedding present — the very same chip and dip that Weiner's own parents received for their wedding back in 1959.) So, fashion mavens predictably ooh'ed and ahh'ed over the period costumes, which have inspired today's Banana Republic to introduce an entire Mad Men collection. Interior design aficianados ooh'ed and ahh'ed over Don and his new bride Megan's stylish Upper East Side penthouse, with its white carpeting, sunken living room, and broad terrace. But tax professionals cheered loudest of all when partner Roger Sterling bribed media buyer Harry Crane $1,100 to give up his office for rising star Campbell. "That's more than you make in a month," Sterling whee dled, "after tax!"

And really, who cares about Don's suits, Megan's dresses, or Roger's cocktails, when we can spy on their money and their taxes?

Prices from 1966 seem comically quaint today. A gallon of gas cost just 32 cents. A dozen eggs cost 60 cents. Postage stamps cost a nickel. But there was nothing comical or quaint about taxes. Rates in 1966 started at 14% on income over $1,000 (roughly $7,000 in today's economy), and rose to 70% on income over $200,000. 70% is a lot compared to today's 35% maximum — but 70% was actually a big step down from the 91% top rate that Don and his colleagues faced just three years earlier in 1963. One small consolation — Don's Form 1040 was quite a bit simpler. However, the "Expense Account Information" section at the bottom of page two includes an intimidating box to check — and separate instructions to follow — "if you had an expense account or charged expenses to your employer."

And what about those three-martini lunches that play such a central role in lubricating Mad Men's ensemble? Well, for starters, they sure cost less back then. In one scene from Season One, Don flips a waitress at a beatnik bar $5 to cover three martinis, plus tip. Today, those same martinis cost $14 each at The Roosevelt Hotel, where Don stays after separating from first wife Betty. As for tax breaks, under today's rules, meals and entertainment are 50% deductible. That means, if you're in the top 35% bracket, a dollar's worth of martini saves 17.5 cents in tax. But back in 1966 — when doctors appeared in cigarette commercials and seatbelts were still optional in most cars — meals and entertainment were 100% deductible. That means that same dollar's worth of martini saved up to 70 cents in tax. No wonder the partners spent more time getting soused than they did talking business!

If we had been practicing back in 1966, we would have looked just as good wearing the silhouettes of 1960s style. But Don Draper would have appreciated us more for the way we cut his taxes. There's no need to get mad at the IRS if you have a proactive plan. And there's no pesky two-drink minimum, either!


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

Wednesday, February 22, 2012

Gimme Shelter - Rock and Roll & Tax Planning


Sunday night's Grammy Awards ceremony illuminated two sides of today's music industry. On stage, British soul singer Adele cleaned up big time, winning Album of the Year, Record of the Year, and Song of the Year. On the darker side, the night was filled with tributes to fallen angel Whitney Houston, who died Saturday after years of backstage struggles with drugs and alcohol.

When you think of your favorite musician, you probably don't think about a third side — taxes. But you might be surprised to learn just how much influence tax laws have over the music we listen to every day.
Rock-and-roll fans know "Gimme Shelter" as one of the Rolling Stones' all-time classics — the opening cut on their 1969 album Let it Bleed, and a dark, brooding meditation on the war and violence that seemed to characterize that era. Surprisingly, it turns out that "Gimme Shelter" describes the band's philosophy on taxes, too.

The Stones' troubles with the tax man go back nearly as far as their troubles with the police. Back in 1968, with bandmates Mick Jagger, Keith Richards, and Brian Jones facing drug charges, reports surfaced that they had also failed to observe tax laws. As Jagger reported at the time, "So after working for eight years I discovered at the end that nobody had ever paid my taxes and I owed a fortune. So then you have to leave the country. So I said &@#& it, and left the country." The "World's Greatest Rock and Roll Band" literally skipped town, with guitarist Richards renting the Villa Nellcote in Villefranche-sur-Mer on the French Cote D'Azur, where they wound up recording their critically-acclaimed double album, Exile on Main Street.

That lesson scarred them, and the Stones vowed not to repeat that mistake. Jagger put his London School of Economics studies to work, and hooked up with some top-notch financial advisors. They eventually set up a series of Dutch corporations and trusts which helped the band pay just 1.6% in tax over the last 20 years. More recently, they established a pair of private Dutch foundations to avoid estate taxes at their deaths.

"The whole business thing is predicated a lot on the tax laws," guitarist Keith Richards told Fortune Magazine (with a Marlboro in one hand and a vodka and juice in the other). "It's why we rehearse in Canada and not in the U.S. A lot of our astute moves have been basically keeping up with tax laws, where to go, where not to put it. Whether to sit on it or not. We left England because we'd be paying 98 cents on the dollar. We left, and they lost out. No taxes at all." It's worth mentioning at this point that Richards makes his primary residence in unglamorous but relatively low-taxed Weston, Connecticut.

The Rolling Stones were just the first of many artists to flee the United Kingdom to avoid taxes. Folk singer Cat Stevens left around the same time, moving first to Brazil, where his album Foreigner refers to his move. In 1978, rockers Pink Floyd spent three years outside the country to avoid tax. Glam-rocker David Bowie moved to Switzerland in 1976 (before becoming the first musician to securitize future royalties in the form of a bond offering). British singers Rod Stewart and Tom Jones both moved to Los Angeles to avoid British Prime Minister Harold Wilson's 83% top tax rate. Even fictional musicians have taken extraordinary steps to avoid tax — in The Restaurant at the End of the Universe, British author Douglas Adams created the galactically-famous rocker Hotblack Desiato, who was "spending a year dead for tax purposes."

Our job, of course, is to help you pay the minimum legal tax. And we think proactive planning beats fleeing the country. So call us when you're ready to pay less. We're here for you, and your bandmates too! 


Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

Thursday, February 9, 2012

A decade or more ago, the Super Bowl had become a bit of a joke. Fans looked forward to watching the commercials, sure. But the actual game itself had become a dreary series of lopsided blowouts. Super Bowl XXIV was perhaps the worst offender, with the San Francisco 49ers pounding the Denver Broncos, 55-10, in a game that wasn't nearly as close as that score suggested!

More recently, the game has been more competitive and more entertaining. The NFC champion New York Giants reached this year's "big dance" by defeating the 49ers, 20-17, in a game that came down to the final play — in a Cinderella playoff run that followed a middling regular season. The AFC champion New England Patriots made it by beating the Baltimore Ravens, 23-20, in a game that came down to the final play. That set up Sunday's contest, when the Giants defeated the Patriots, 21-17, in yet another game that came down to the final play.

Sunday's game proved the truth of the old cliche that "offense sells tickets, but defense wins games." Patriots coach Bill Belichick gambled by actually letting Giants running back Ahmad Bradshaw score in the final minute in hopes of keeping precious time on the clock. That gamble succeeded in giving quarterback Tom Brady 57 seconds to engineer a last-minute drive — but ultimately failed when Brady's desperate final heave to tight end Rob Gronkowski fell harmlessly to the ground.

That same cliche about defense winning games applies to your finances as well — especially when it comes to tax planning. If you want to put real money in your pocket, you've got two choices:
  • Financial offense means making more money. (As Charlie Sheen would say, "duh.") But that's not always easy, especially in a tough economy like today's. You can invest all sorts of time efforts into growing your business or your income, only to see them sail wide right like a missed field goal.
  • Financial defense means spending less money. That's often easier than making more. And when it comes to spending less, it makes sense to focus on the big expenses. For most affluent Americans, that means taxes, rushing you like the Giants' backfield. Maybe you can save 15% or more on car insurance by switching to GEICO. But in the long run, how much can that really do for you?
Financial defense is important enough that some financial moves which look like offense are actually defense in disguise. Wall Street is buzzing about Facebook's upcoming initial public offering, wondering if the company can really be worth $100 billion. But the company is raising "only" $10 billion in cash. And Facebook doesn't need the money. They're "engineering a liquidity event," in large part so founder Mark Zuckerberg can pay his own taxes! (We'll talk more about this as we get closer to the actual offering.)

It's easy to think of us as just "tax people" and focus on the forms we file for that April 15 deadline (April 17 this year, for you procrastinators). But focusing on just compliance misses the value you get from proactive tax planning, and misses the total value we offer as your financial "defensive coordinator." So call us when you're ready to "call an audible" and play real financial defense. We promise not to let the IRS just walk the ball across the goal line!

Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Reduction, Preparation, Accounting & Wealth Management Services 
call 704-544-7600
Please visit ELCPA.com today!

Wednesday, February 1, 2012

Romney Hot Seat


Last fall, billionaire Warren Buffett ignited a firestorm in the tax world when he revealed that he paid just 17.4% in tax — a lower rate than his own secretary — on his $39.8 million taxable income. The revelation sparked conversation across the country, and even inspired President Obama to propose a "Warren Buffett" rule imposing a special tax on income above $1 million per year.



Last week, Presidential candidate Mitt Romney made similar headlines when he released his taxes. The returns weighed in at 547 pages, and included some items, like "Form 8261: Return By a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund," that most tax professionals never encounter in a lifetime. (Trust us when we tell you this stuff is every bit as exciting as it sounds.) Romney's not quite in Buffett's financial league — his 2010 taxable income was a "mere" $17.1 million. But Romney's actual tax rate was a similarly low 17.6%.

We're not here to take sides on Romney himself, his campaign, or the tax system that makes his 17% rate possible. But Romney's return illustrates a crucial lesson about your taxes, too — namely, that when it comes to paying less, how you make your money is even more important than how much money you make.

Romney's income is more than high enough to put him in the top 35% bracket. That 35% applies to "ordinary" income like wages and salaries, business income, and "passive" income from certain investments. But Mitt made "only" $6.3 million in ordinary income. Most of his income derives from other sources, taxed at lower rates:

  • Long-Term Capital Gains: Tax on long-term capital gains is capped at 15%, no matter how much gain you report. For 2010, Romney drew over half his income from such gains. This included $7.4 million in "carried interest," related to his work at Bain Capital, and taxed as long-term capital gain. If that income had been taxed at ordinary rates, he would have paid an extra $1.5 million. If it had been subject to employment tax, like salary, the government would have collected another $214,600.
  • Qualified Dividends: Tax on qualified dividends is also capped at 15%, regardless of how much income you report. Romney reported $3.3 million in qualified dividends for 2010. It's worth pointing out that the only dividends "qualifying" for this rate are those that have already been taxed at corporate rates ranging from 15-35%.
  • Tax-Free Municipal Bonds: Muni bonds are a traditional tax shelter for taxpayers in Romney's "1%" category. But Romney's home state of Massachusetts imposes a flat 5.3% tax, which makes munis less attractive compared to taxable bonds, for those with stratospheric income. So Romney reported just $557 in muni bond income for 2010.
If Romney winds up carrying the GOP flag in 2012, his taxes will be a campaign issue. But it's important to remember that, while some are criticizing him as the face of a system gone wrong, no one is actually accusing him of doing anything wrong under the law. In fact, Romney appears to have foregone some legitimate opportunities (like potential home office deductions for his speaking and director's fee income) to pay even less.


Judge Learned Hand famously wrote that "Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury." (And with a name like Learned Hand, well, you just have to believe him.) We're here to help you arrange your affairs so that your taxes are as low as possible — and do so in a way to survive scrutiny even if you decide to run for office. And remember, we're here for your friends, family, and running mates, too!



Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Planing, Preparation and Accounting Services 
call 704-544-7600
Please visit ELCPA.com today!

Wednesday, January 25, 2012

 Heiress Huguette Clark, who was born in 1906 and died last May at 104, was America's last living link to the 1890s "Gilded Age." Her father, William A. Clark, was Montana's "Copper King" and, according to her New York Times obituary, "once bought himself a United States Senate seat as casually as another man might buy a pair of shoes." Huguette grew up in a 121-room mansion, at the corner of New York's Fifth Avenue and 77th Street, that cost three times as much as Yankee Stadium. But her life soon took an odd turn. She married, for just a year at age 22, then got a quickie Reno divorce. (Her husand claimed they never even consummated the marriage.) Then she and her mother withdrew almost completely from view. The last known photograph of her was taken in 1930, and she rarely appeared in public after her mother's death in 1963.

Clark may have been shy, but she was no miser. She spent most of her life in a 42-room coop at Fifth Avenue and 72nd Street, said to be the largest parkview apartment in the city, and worth an estimated $100 million. (She left in an ambulance in 1988 and never came back.) She owned a 21,666-square-foot mansion called "Bellosguardo," or "lovely view," on 23 acres overlooking the Pacific in Santa Barbara, CA. (She stopped visiting sometime in the 1950s, and reportedly turned down a $100 million offer to sell it to Beanie Baby founder Ty Warner.) And in 1952, she bought a 22-room mansion on 52 acres in New Canaan, CT. (She added a new wing to the house and hired caretakers to live on the grounds — but never spent a single night there herself.)

Huguette had so little contact with the world that some people wondered if she was actually still alive. It turns out she spent her last 22 years in a series of ordinary rooms at New York hospitals. She had few visitors during this time, and little contact with anyone outside these facilities. But her few contacts included her attorney, Wally Bock, and her accountant, Irving Kamsler. And that's where Clark's Gilded Age story begins to tarnish.

Clark was worth half a billion dollars at her death. She left the bulk of her fortune to charity, with smaller bequests to her longtime nurse ($30 million), her goddaughter ($12 million), and her attorney and accountant ($500,000 each). You would think she'd be able to pay her taxes, right? But property records show the IRS filed four liens for unpaid taxes — $1 million in 2006, $1.1 million and $41,000 in 2007, and $7,400 in 2008. Even worse, according to a Probate Court filing, the pair had let unpaid federal gift taxes and penalties accrue — to the tune of $90 million!

It turns out both the attorney Bock and accountant Kamsler have a history of questionable conduct. When Bock's former law parter Donald Wallace died, after revising his will six times in the last few years of his life, Bock and Kamsler wound up inheriting $100,000 in cash each — plus Wallace's Mercedes and his Upper East Side apartment. They even collected $368,000 in fees on the $4 million estate! And, just by the way, Kamsler is also a convicted felon and registered sex offender, who pled guilty in 2007 to attempting to disseminate indecent material to minors in an online "chat room."

As Huguette Clark's bizarre story reminds us, money really can't buy happiness. Our job, of course, is to help you pay the minimum tax allowed by law. But before you ask us what we can do to help you pay less, ask yourself how those savings will improve your life. Are you working to put your children through college? Build security for your retirement? Or are you looking for life's little "extras," like traveling in style? Those are the real benefits we work to give you — not just numbers on your annual IRS "scorecard"!

Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Planing, Preparation and Accounting Services 
call 704-544-7600
Please visit ELCPA.com today!

Tuesday, January 24, 2012

November 10, 2011 - Tax Strategies for Kim Kardashian

When most women slide on a pair of jeans, the last thing they want is to make their butt look big. But socialite Kim Kardashian has parlayed her generous posterior into what passes for celebrity these days. She's appeared on Dancing With the Stars, penned an autobiography, launched her own fragrances, and starred in not one, not two, but three reality shows.

Kim married the latest love of her life, New Jersey Nets power forward Kris Humphries, on August 20. Just 72 days later — on Halloween, no less — she announced she was filing for divorce. And hearts across America sank. Why, if these two krazy kids can't make it, what hope do the rest of us have, right? Not surprisingly, skeptics have alleged that the wedding was just a hoax. (It's not clear that the groom, who has said "I love my wife and am devastated to learn she filed for divorce," was actually in on the joke.) We'll resist the temptation to heap more scorn on the situation, so we can focus on what people really want to know — specifically, how will the whole train wreck affect Kim's taxes?

For starters, how will the heartbroken Kim file, single or married? Filing status is determined as of the last day of the tax year. So if Kim rings in the New Year subject to a legal separation, she'll file at the higher single rate, even for income earned during the marriage. (Makes you wonder if anyone at the IRS has any romance in their soul.)

And what about the wedding payday? (Mock the Kardashians all you want, they still managed to turn a $10 million wedding into a profit center.) The star-krossed kouple reportedly earned $15 million from E! for broadcasting the ceremony, $2.5 million from People Magazine for photos, $300,000 more from People for their engagement announcement, and even $50,000 from Las Vegas nightclub Tao for hosting the bachelorette party. Those paydays are obviously taxable, of course. Kim will also owe tax on some of the freebies she got from publicity-hungry vendors. These include a $15,000 cake, $60,000 for three Vera Wang dresses, $400,000 in Perrier Jouet champagne, $150,000 (!) in hair and makeup, and even $10,000 in Lehr & Black wedding invitations. Dumping Humphries doesn't mean she gets to dump the taxes she owes on what she scored for marrying him!

As for Kim's ring, it's a stunner — at 20.5 carats, it's roughly the size of the asteroid that wiped out the dinosaurs. TMZ reports that Kim's pre-nup requires her to buy the ring from Kris if she wants to keep it in case of divorce — ironic, considering that under California law, the bride usually just has to say "I do" to take ownership outright. This means if Kim someday sells the ring (at auction, televised on E!, no doubt), she'll owe tax on any gain above that purchase amount.

What about the wedding gifts from the 500 guests who presumably also weren't in on the joke? Gifts are never taxable as income, so there's no problem there. But Kim has announced she'll be donating the value of the gifts to the nonprofit Dream Foundation, a charitable organization that grants wishes to terminally ill adults. So she gets a double win — tax-free gifts plus a fat deduction for the value of her donation.

Most Americans spend a lot more time planning their wedding than they do planning their taxes. That can be an expensive mistake. For some of us, a good tax plan can actually pay for a pretty nice wedding. But time is running out. If you want to save taxes for 2011, you have to plan for it in 2011. There are fewer than two months left in the year — with plenty of time out for holidays — and our calendar is filling up fast. So call now, so you have plenty of time to enjoy A Very Kardashian Khristmas!

Ed Lloyd & Associates, PLLC • Charlotte NC CPA Firm
Tax Planing, Preparation and Accounting Services call 704-544-7600
Please visit ELCPA.com today!