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Staff News
Washington Watch
Year-end Planning!
Estate Inventory

The Virginia Education Savings Trust
Squeezed By Student Loans
Steep Penalties Await “Responsible Person”

Staff News

Rob Carmines was a speaker at the 19th Annual Creative Solutions Users Conference, held in San Francisco this November.  He was one of only eight CPAs nationwide asked to present on the topic of Managing Your Accounting Practice.

Rob also had an article, Simple Rules for Retiring Rich, published in the November, 1999 issue of the Virginia Peninsula Chamber of Commerce’s publication, Enterprise.

We are pleased to announce that Keith Pendleton has joined our firm as Marketing Coordinator.  His previous experience includes two years as Marketing Coordinator at the national headquarters of Jackson Hewitt Tax Service.

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Washington Watch

Congress passed the “Ticket to Work Incentives Improvement Act of 1999”.  The President has signed the act, surprising many observers of the Washington scene.  The act extends a number of expiring tax provisions and also includes other time-sensitive provisions and a number of revenue offsets.  A brief highlight is as follows:

Extenders – Minimum tax relief via using non-refundable personal tax credits to offset the regular tax liability in full, not just the amount by which the regular tax bill exceeds the alternate minimum tax for individuals.  However, for 1999, the credits are not allowed to offset the amount by which the alternate minimum tax exceeds the regular tax calculation (in 2000 and 2001, it will also offset the minimum tax liability).  The work opportunity tax credit and the welfare-to-work tax credit have been extended to December 31, 2001.  The ability to expense the cost of environmental remediation expenses is extended through 2001 as well.

Revenue offset provisions – Individuals with adjusted gross income of over $150,000 in 1999 must pay either the lesser of 108.6% of their 1999 tax or 90% of their actual 2000 tax as estimated tax payments in 2000 to avoid a penalty for underpayment.  For 2001, it rises to 110%.  Also, the ability to get a charitable deduction from purchasing charitable split-dollar insurance has been eliminated.

There has been a number of other changes affecting everything from definitions of foster children for purposes of the earned income tax credit to allowing a two year window of opportunity for clergy to elect to come back under social security coverage.  As ramifications of any of these provisions which may affect our clients are identified, we will notify you.

Y2K? Ready or not, here it comes!  Please take some time to address any Y2K issues with respect to your personal and business computers or equipment before 1/01/00 strikes.  There are numerous resources available at the Microsoft web site, as well as information posted on the web site of many software and computer manufacturers.  Here is a tip many are overlooking, in Windows 95 and 98 there is an icon called “Regional Settings” in the control panel display.  A part of these settings includes setting the default date format for windows programs.  Be sure to set your date to a MM/DD/YYYY format including 4 digits for the year.  This warning has been issued by Microsoft, but has not been highly publicized.  Please be aware that all of our software and equipment is fully Y2K ready.

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Year-end Planning!

As you approach the end of the year, you should be looking at the tax ramifications of any transactions which occurred in 1999, as well as those which may still happen prior to year-end.  Here are a couple of quick items to think about:

  • Bunching deductions into 1999
  • Deferring Income until 2000
  • Charitable gifting using appreciated stock   

There are many other tips and tricks that can yield significant tax savings.  If you are concerned about your tax situation, please give us a call so we can help you analyze any beneficial last minute moves.  Calling us January 1, 2000 may be too late.

Also, keep us in mind for assisting you with bookkeeping or payroll needs in the coming year.  Our payroll rates are less expensive than the national companies and you get our personal service!

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Estate Inventory

The death of a loved one is such a difficult time, without having to worry about tax issues.  However, because of the tax ramifications in the future, one task you will need to undertake is to make a list of all of the property the decedent owned as of the date of his death.  If he owned the property with someone else, you will also need to include how title was held for that property (i.e., joint tenants, community property, etc.).

When you begin making the list, don't forget to include life insurance policies, stocks, bonds, real estate, personal property (jewelry, clothing, works of art, furniture, etc.) and retirement plans.  The dollar value you assign to each item should be the value as of the date of death.  In the case of more valuable items, such as a home, you should get a written appraisal to determine the value.

While taking an inventory of property may

seem unnecessary now, it is very important.  If you dispose of any property, the inventory list will help at tax time to determine whether there is any taxable gain or loss.  This information is important whether it be this year or in the future.  In addition, a filing of the inventory may be required with the City or County in which the decedent lived.  Finally, an estate tax return may be required in certain situations, depending on the value of the decedent’s estate.

If you have any questions regarding estate inventory, please don't hesitate to call this office to discuss this further. 

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The Virginia Education Savings Trust

Qualified state tuition programs (QSTPs) are the hottest college savings programs in the country. Last year we pointed out the advantages of the Virginia Prepaid Education Program which allows families to prepay tomorrow's college tuition for Virginia's public colleges and universities at current prices.  However, that’s not the whole story.

In Virginia QSTPs have two varieties. The second is the Virginia Education Savings Trust (VEST).  Essentially the VEST is a state-sponsored mutual fund that functions as a tax deferred investment vehicle. This plan is targeted to accumulate funds for the education of taxpayer's children (or grandchildren), hopefully, at a pace sufficient to exceed the rate of inflation for college costs. As long as the funds are used for qualifying higher education expenses, the earnings are taxed to the beneficiary when they are withdrawn.  At the time of withdrawal, income is recognized under favorable  "annuity rules" which means only a percentage of the accumulated fund, comprised of fund lifetime cumulative earnings, are taxed. The remaining portion of distributions is taken by the beneficiary tax-free. If funds are distributed in excess of qualified higher education expenses, the balance is taxed to the recipient beneficiary with a 10% penalty tax added to the earnings component.  The Virginia plan has the added feature that all qualified withdrawals are state income tax free.

As with the prepaid tuition programs, the rollover and beneficiary redesignation provisions of these plans allow for substantial planning and parental control. Account owners can change the designated beneficiary at any time. A plan unused for one child can be redesignated or rolled over to another state's program to benefit another child, or even for the benefit of grandchildren.

The educational savings plans differ from the prepaid tuition programs in that tuition amounts are not "locked in". The plan owner is exposed to the risk that tuition rates will grow faster than the investment account and they will fall short of their education savings goals. However, the positive side is that the savings plans offer more flexibility than the prepaid tuition programs and there is tremendous upside potential from excellent overall performance of the stock markets.

The gift and estate consequences of these accounts are also very favorable. The account owner retains the power to redesignate beneficiaries and also has the power to revoke the account. Even though the control is there as long as the account still exists, at death it is not taxed to the owner's estate. There is currently no better estate planning tool that meets the objective of control without estate tax consequence.  The VEST solves the classic problem of the grandparent that wishes to gift to their grandchildren money for their college education but wants to keep control of unspent educational funds.

If you are interested in knowing whether you may take advantage of the features of the Virginia Educational Savings Trust, give us a call.

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Squeezed By Student Loans

In recent years, colleges and graduate schools have experienced an increase of older students. And many of them are borrowing money for their education. Baby boomers still owe some $11.5 billion on student loans according to Sallie Mae. Most of this debt is related to their own undergraduate or graduate study. Even more interesting, some in this group have borrowed for their children’s educations before fully repaying they’re own student loans.  Loading up on debt that may take as long as 20 years to repay is never a step to take lightly. Some of the factors you should consider before you borrow are as follows:

  • Realistically assess your ability to repay. Consider all the obligations you now have such as your mortgage, car payment, etc. as well as those you are expecting to take on in the future.
  • If you (or your child) is offered a financial aid package that consists of scholarships and student loans, try to find out whether the scholarship portion (the money that won’t be paid back) will be available at the same level every year. You don’t want to borrow more than you planned so that your program can be completed.
  • Don’t forget about your retirement. Evaluate whether the education loans could prevent you from building a sufficient nest egg. If so, you should weigh all other alternatives before you sign for a loan.

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Steep Penalties Await “Responsible Person”

In a cash flow crunch, it can be tempting to skip making federal payroll tax deposits.  This is a risky business, as the majority shareholder of a company that was delinquent in its deposits recently found out.  The shareholder was not a corporate officer or director and was not involved in the company’s day-to-day affairs.  However, he was held personally liable for the payment of the taxes that had been withheld from the pay of company employees.  The reason: He had been aware of the corporation’s mismanagement and had done nothing to correct it.  While the shareholder did not meet several IRS criteria for being a “responsible person”, he did contribute substantial funds to the corporation and had the authority to write checks.

The IRS identifies a “responsible person” as any individual with the authority to collect, account for, or pay withheld income, Social Security, and Medicare taxes who willfully fails to see that the taxes are paid.  Individuals targeted by the IRS generally are responsible for day-to-day financial management, are officers or members of the company’s board, or have an ownership interest in the organization.

If at all possible, it’s best to voluntarily pay outstanding payroll taxes before the IRS assesses a penalty.  If only a portion of the tax can be paid, specify that the payment is for “trust fund” (i.e., withheld) taxes.  Otherwise, the IRS could first apply funds to the employer’s portion of the payroll taxes, which wouldn’t relieve the responsible person of liability.

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