 In this Newsletter:
Attention KAF Clients
Roth 401(k) Contributions
Tax Tip - Gift Taxes
Applicable Federal Rates
2005 Electronic Filing Requirements
Provided
Tax Planning - It's Not too Late for 2005
SEP
2005 Tax Returns Due Dates and
Extensions
Preventing Identity Theft (Part 2 of 3)
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E-News Update |
March
2006 |
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Attention KAF Clients |
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Please submit your individual tax return information as soon
as possible.
If your 2005 individual tax return
information is not received at KAF by Monday March 6, 2006 or
there is outstanding information from third parties, it may be
necessary to request an extension of time to file your returns.
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Roth 401(k) Contributions |
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As of January 1, 2006 existing 401(k) plans
had the option to allow "Roth" 401(k) contributions. Roth 401(k)
contributions are similar to normal 401(k) contributions in many
ways. The amounts that can be contributed are the same for both
plans and the plans operate and function identically. However
the differences for the Roth are that there is no tax deduction
for any employee contributions and also that qualified
contributions to these plans may be withdrawn tax free, much
like a Roth IRA. Unlike a Roth IRA there are no income
limitations on the ability to contribute to the Roth 401(k).
There are many considerations to be weighed if you decide
whether or not to contribute to a Roth 401(k). While employers
are allowed to offer such a plan, they are not required to. If
you have questions about how your current employer's plan works
or whether this is offered, you should consult your plan
administrator. If you own a business and would like to consider
implementing a Roth 401(k) plan, or if you would like advice
regarding whether this is a good idea for you to contribute to,
please call KAF.
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Tax Tip - Gift Taxes |
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Taxpayers who have given gifts exceeding $11,000 in value to a single individual must report the total gift amount to the Internal Revenue Service (IRS). The giver may owe taxes on the gifts. The recipient, however, does not have to report or pay taxes on the value of the gift, generally. Individuals who need to file a gift tax return should use Form 709: United States Gift (and Generation-Skipping Transfer) Tax Return.
Gifts include money and property. If someone uses property and the owner of the property doesn't expect to receive something of equal value in return, that is also a gift. Selling something for less than market value, making an interest-free or reduced interest loan may also be gifts. Tuition or medical expenses paid directly to an educational or medical institution, however, are not gifts. Gifts to spouses who are U.S. Citizens, charities, and political organizations do not count against the annual limit, either.
The limit for gifts given to spouses who are not U.S. Citizens has been increased to $117,000 this 2005.
Other changes occurring during 2005 affecting gift taxes include: filing Form 8892, Application for Automatic Extension of Time to File Form 709 and/or Payment of Gift/Generation-Skipping Transfer Tax. Predeceased parent rules used to determine an individual's general assignments for certain transfers occurring on or after July 18, 2005 have been amended. The lifetime exemption for generation-skipping transfers (GST) remains $1.5 million.
Please be aware that husbands and wives cannot file a joint gift tax return. Community property given as a gift is considered to be two gifts, each representing half the value of the property, given by both individuals.
Finally, only individuals are required to file gift tax returns. Individual beneficiaries, partners and stockholders may be liable for GST if their portion of a gift by a trust, estate, partnership or corporation exceeds the $11,000 value limit.
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Applicable Federal Rates |
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March
2006 |
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Short Term |
Mid Term |
Long Term |
| Annual |
4.58% |
4.51% |
4.68% |
| Semi annual |
4.53% |
4.46% |
4.63% |
| Quarterly |
4.50% |
4.44% |
4.60% |
| Monthly |
4.49% |
4.42% |
4.59% |
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| Adjusted AFR for
Original Issue Discount (Code Sec. 1288(b)) |
3.15% |
3.50% |
4.23% |
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Code Sec. 382
Adjusted Federal Long Term Rate |
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4.23% |
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Long Term Tax exempt rate |
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4.36% |
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Low income Housing
Credit
(Code Sec. 42(b)(2)) |
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70% present value |
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8.07% |
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30% present value |
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3.46% |
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| Valuation Tables
(Code Sec. 7520) |
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5.40% |
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| Deemed Rate of
Return for Transfers to Pooled Income Funds Code
Sec. 642(c)(5) |
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3.80% |
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2005 Electronic Filing Requirements Provided |
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The Massachusetts Department of Revenue has
announced new electronic filing requirements and technical
amendments to the existing requirements applicable to the
state's corporation excise or personal income tax. As of January
1, 2006, a corporation or S corporation with any single or
combined amount of gross receipts, sales, or other income, as
reported on Federal Forms 1120, 1120-A, or 1120-S, greater than
$100,000 must file and pay its Massachusetts corporation excise
tax electronically.
The Department provides line references to
Federal Forms 1120, 1120-A, and 1120-S for purposes of
calculating the electronic filing threshold. The Department also
requires a corporation or partnership subject to the electronic
filing mandate to continue to file electronically even if it
does not meet the electronic filing threshold in subsequent
years. Further, the Department may require practitioners subject
to the electronic filing mandate who have a high percentage of
paper filers to retain documentation of their client's
preference for paper filing. However, the Department instructs
taxpayers to continue to refer to Technical Information Release,
04-30, Massachusetts Department of Revenue, October 24, 2004,
for most electronic filing requirements.
Calculation of the Electronic Filing Threshold:
A corporation with income totaling more than $100,000 on the
following lines of Federal From 1120 or 1120-A must file and pay
the state's corporate excise electronically:
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gross receipts or sales (line 1 or line 1c);
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dividends (line 4);
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interest (line 5);
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gross rents (line 6);
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gross royalties (line 7);
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capital gain net income (line 8);
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net gain from the sale or exchange or business property (line
9); and
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other income (line 10);
An S corporation with income totaling more than $100,000 on the
following line of Federal Form 1120S must file and pay
electronically:
Electronic Filing in Subsequent Years
Any corporation or partnership that has reached the electronic
filing threshold and is required to file and pay electronically
in one year must continue to file and pay electronically in
subsequent years regardless of its maintenance of the filing
threshold.
Paper Filing Documentation
The Department may require practitioners subject to the
electronic filing mandate who have a high percentage of paper
filers to retain documentation of their clients' preference for
paper filing. A practitioner filing 100 or more original
Massachusetts Forms 1 and 1-NR/PY during calendar year 2005 or
in subsequent calendars must file electronically unless a
taxpayer specifically directs the practitioner to file a paper
return. A practitioner notified by the Department must obtain a
taxpayer signature on a separate form directing the practitioner
to file a paper return. Technical Information Release 05-22,
Massachusetts Department of Revenue, December 15, 2005.
CCH Multistate Corporation Income Tax Review - February 2, 2006
- Issue No. 107
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Tax Planning - It's Not too Late for 2005 SEP |
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Once the clock strikes midnight on December
31, most tax planning opportunities for the year disappear.
However, a significant one remains for business and sole
proprietors - a simplified employee pension plan or SEP.
One great thing about a SEP is that a deduction can be claimed
even though the SEP is established and funded after year-end.
This tax saving opportunity is particularly valuable for
closely-held businesses and sole proprietors who have not
previously set up a retirement plan for the business.
To get you up to speed quickly, we've
outlined the basic SEP rules below that can help guide you
through the various requirements:
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Contributions to SEP's are deductible by the employer and
excluded from the employee's income.
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There are several ways to establish a SEP but the simplest is to
adopt a model IRS agreement using Form 5305-SEP. Many mutual
funds, banks and other financial institutions offer this simple
plan.
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A SEP must be adopted and contributions made by the due date,
including extensions, for filing the employer's tax return for
the year the plan is to be effective. Thus, a sole proprietor
can establish and contribute to a SEP for 2005 as late as
October 16, 2006, if he/she extends his/her 2005 From 1040 to
that date.
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Certain participation and nondiscrimination rules apply if a
business has multiple employees.
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There is no requirement that a contribution be made each year.
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Contributions are made to traditional IRA's set up by eligible
employees.
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For 2005, the contribution limit is the lesser of $42,000 or 25%
of the employee's compensation (up to a maximum compensation of
$210,000)
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For self-employed persons, compensation is defined as
self-employment (SE) earnings less the individual's own SEP
contribution and SE tax deduction. This effectively reduces the
contribution percentages that apply to the sole proprietor's net
SE earnings. For example, the following SEP contribution
percentages apply to net SE income less the deduction for half
of the SE tax:
|
Plan Contribution % |
Rate for Self-Employed Person |
| 25% |
20.0000% |
| 20% |
16.6667% |
| 15% |
13.0435% |
| 10% |
9.0909% |
| 5% |
4.7619% |
For more tax planning angles on SEP's and other retirement
plans, please call KAF at 781-356-2000.
Quick Tips - Quickfinder Newsletter - January, 2006 - V 3.1
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2005 Tax Returns Due Dates and Extensions |
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The following table summarizes the due date and extension rules
for various 2005 returns and makes for a quick, handy reference
guide during tax season.
| Return |
Taxpayer |
Due Date |
1st Ext. Form |
Length 1st Ext. |
2nd Ext. Form |
Length 2nd Ext. |
Signature Required
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| 709/709A |
Individuals |
4/17/06 |
4868* |
6 months |
None |
N/A |
None |
| 990 |
Nonprofits |
5/15/06 |
8868
Part 1 |
3 months |
8868
Part 11 |
3 months |
organization rep., qualified practitioner or certain others
|
| 1040 |
Individuals |
4/17/06 |
4868 |
6 months |
None |
N/A |
None |
| 1041 |
Estates/Trusts |
4/17/06 |
7004 |
6 months |
None |
N/A |
None |
| 1065 |
Partnerships |
4/17/06 |
7004 |
6 months |
None |
N/A |
None |
| 1120 |
C Corps. |
3/15/06 |
7004 |
6 months |
None |
N/A |
None |
| 1120S |
S Corps. |
3/15/06 |
7004 |
6 months |
None |
N/A |
None |
| 5500 |
Employee Benefit Plans |
7/31/06 |
5558** |
2 1/2 months |
None |
N/A |
None |
*If gift tax is due, Form 8892 must also be filed to pay the
tax. If the taxpayer's Form 1040 is not being extended, use Form
8892 instead of Form 4868.
**An automatic extension of time to file Form 5500 until the due
date of the federal income tax return of the employer will be
granted if all of the following conditions are met: (1) the plan
year and the employer's tax year are the same; (2) the employer
has been granted an extension of time to file its federal income
tax return to a date later than the normal due date for filing
the Form 5500; and (3) a copy of the application for extension
of time to file the federal income tax return is attached to
Form 5500.
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Preventing Identity Theft (Part 2 of 3) |
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A recent report stated that 1 in 8 adults were victims of
Identity Theft. Assessing your risk potential and changing
behaviors can protect you from becoming a victim of Identity
Theft. Following are the 9 high risk areas and a few ideas to
protect your identity.
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Social Security Number |
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Checks |
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Credit Cards |
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a.
b.
c.
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Guard it closely
Before providing, ask if another ID can be used
Never verbally provide your number to anyone |
a.
b.
c.
d.
e. |
Have only 1st initial and last name printed on your checks
Use your Work phone number
Use a P.O. Box as your address
Use only the last 4 digits of an account number on your checks
on the memo line
Close all inactive accounts |
a.
b.
c.
d. |
Monitor your credit report annually
Match receipts with statements
Destroy all old or expired credit cards
Close inactive accounts |
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Mail |
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At Home |
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Telephone |
a.
b.
c.
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Put your mail on “Hold” at the USPS when traveling
Do not mail bill payments from your home mailbox
Check with the USPS if you do not receive mail for 2 days or
more |
a.
b.
c. |
Invest in a diamond or cross cut shredder
Keep copies of driver’s license and credit cards in a safe &
secure place in case they are stolen
Instruct children on what information they can give or not give
over the phone |
a.
b. |
Do not say the word “yes” when a caller uses your name to verify
whom they are speaking to; thieves tape this and make illegal
purchases
Never give personal information over the phone |
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Computer |
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ATMs |
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Passwords |
a.
b.
c.
d. |
Regularly update virus protection
Use a firewall program
Only use a secure Web site browser that scrambles information
sent
Use a “Wipe” utility program to erase personal information when
discarding it |
a.
b.
c. |
Look at ATMs closely before using. Thieves are attaching
skimming devices
Memorize PIN, never write it on the back of the card
Always shield the keypad |
a.
b.
c. |
Do not use numbers associated with personal information such as
birthdays, addresses, anniversary, social security number, phone
number, etc
Do not use name or names of family members or friends
Never tell anyone or write it down
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Please contact KAF if you have any questions on Identity Theft
or if you would like KAF to conduct a seminar for your
associates or employees regarding Identity Theft at
781-356-2000.
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This publication is distributed with the
understanding that the author, publisher, and distributor are
not rendering legal, accounting, or other professional advice or
opinions on specific facts or matters, as each individual
circumstance is unique. In accordance with IRS requirements, we
inform you that any U.S. 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 (a)
avoiding penalties under the Internal Revenue Code or (b)
promoting, marketing or recommending to another party any
transaction or matter addressed herein.
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