Our mission as your Chicago accountant and Chicago financial planner is to provide the highest quality services in the financial planning, retirement, investment, tax, and accounting sectors for individuals and small business owners in Chicago. Based upon our experience, technical competence, analytical ability, professional objectivity, and integrity we are uniquely qualified as a financial planner and a accountant to provide these services to our clients. We have a passion for people and a passion for great ideas and creative solutions.

$250 Economic Recovery Payment: This provision allows a one-time payment of $250, for 2009 only, to taxpayers on fixed incomes (primarily Social Security recipients).

First Time Home Buyer Tax Credit: The credit is increased to $8,000 for purchases made after December 31, 2008 and before December 1, 2009. It also eliminates any required repayment to the IRS. The credit is phased out for taxpayers with income in excess of $75,000 for individuals and $150,000 for married couples.

New Car Deduction: For the purchase of a new car in 2009, taxpayers are allowed a deduction for state and local sales taxes and excise taxes. Taxpayers do not need to itemize deductions to take advantage of this benefit. The deduction is phased out for individuals with income in excess of $125,000 and married couples with income in excess of $250,000.

Alternative Minimum Tax: This provision raises exemption amounts above the 2008 levels. The patch was designed to insulate approximately 26 million middle-income taxpayers from the AMT in 2009.

Unemployment Compensation: The provision excludes up to $2,400 of unemployment compensation from the recipient’s gross income for 2009.

Transit Benefit: The new law increases the current $120 per month income exclusion amount for transit passes to $230 per month.

COBRA Benefits: The provision allows individuals who are involuntarily separated from employment between September 1, 2008 and January 1, 2010 to elect to pay 35% of his/her COBRA coverage and have it treated as paying 100%.

Tax issues to consider when choosing an entity: Sale of the business/liquidation. Tax rate exposure. Utilization of losses by the shareholders/members. Compensation/fringe benefit packages. Payroll tax liabilities and associated complexities. And state taxes.

Non-tax issues to consider: Limited liability protection for shareholders/members. The capital structure of the entity. Buy-sell agreements. The type of business/investment activity. And the applicable state law and other corporate legal formalities.

As indicated, there are many reasons to choose one structure over another. With that in mind, here is a brief description of these business entities

Sole Proprietorship

The simplest and least expensive structure. Works best if you are on your own, in a low risk business. No double taxation on profits, such as under a “C Corp.” Profits/losses reflected on Form Schedule C of the Form 1040. Unlimited liability for the owner and all income subject to the onerous “self-employment” tax.

Partnership

An unincorporated business that has two or more partners. There are two types: general and limited. In a general, partners share in management and are each 100% responsible for the partnership obligations. In a limited, there are general and limited partners. The general partners manage the business and are personally liable for obligations. The limited partners cannot participate in management, but share in the profits. Their liability is limited to the amount of their capital contributions. Profits are taxed only once, at the partners’ marginal tax rate.

C Corporation

They are taxed (federal and state) at the entity level and are subject to taxes on income generated by the business. Shareholders pay taxes (double taxation) on the profits distributed (dividends) to them. Liability is limited to the shareholder’s investment. They have an unlimited life and possess ease of transferability of ownership. Employment taxes can be minimized. Although, a reasonable salary must be paid.

S Corporation

Corporations with fewer than 100 shareholders can elect to be taxed under Subchapter S of the IRC. With some exceptions, the “S Corp” is not subject to federal tax at the entity level. Profits and losses flow through to the shareholders, to be reported on their tax returns at their marginal tax rates. Some states tax “S Corps” at the entity level. Employment taxes can be minimized for owners receiving a salary. Although, the amount of the salary must be reasonable compared to the profits being generated by the entity.

Taxes: State and local income taxes, real estate taxes, and personal property taxes are all deductible. Federal taxes, social security tax, and sales tax are not deductible.

Medical Expenses: You can deduct unreimbursed expenses for you, your spouse, and your dependents to the extent they exceed 7.5% of your adjusted gross income (AGI). This includes expenses for doctors, dentists, hospital care, prescriptions, nursing services, and medical aids. Also included are, insurance premiums, long term care premiums (within limits), and transportation and lodging.

Interest Expense: You can deduct interest paid on your primary residence and one second home. Also included are, first and second mortgages up to $1 million and home equity loans up to $100,000. Points are generally deductible and points incurred to refinance are amortized over the term of the loan. Interest paid on money used to acquire investments are deductible within certain limits.

Contributions: Donations to qualified organizations are deductible to the extent you receive no benefit in return. The organizations include churches, schools, libraries, and qualified charities. You can make donations in cash, check, or credit card. You can also deduct the fair market value of property other than cash. You must keep detailed records for donations of property other than cash, moreover you need a receipt for cash donations of $250 or more. All organizations must be located within the USA.

Casualty and Theft Losses: Losses from a fire, theft, or disaster are deductible within certain limits.

Miscellaneous Deductions: Included are certain unreimbursed employee expenses, investment expenses, gambling losses, and tax planning and tax preparation fees. Most of these expenses are subject to a 2% AGI floor.

To benefit the most, an awareness of the deductions that apply to you and good records are very important. If you have questions, please contact us.

Car Donations: If you itemize your deductions you can donate a car (see previously featured article) to a qualified charity and deduct the fair market value of the car. Beginning in 2005, if you donate a car valued at more than $500 and the charity sells the car, you may only claim a deduction for the amount the charity receives, not the amount that you determine to be the fair market value.

Sales Tax Deduction: As a result of new tax legislation for 2004 and 2005, if you itemize your deductions, you can deduct the greater of either your state and local income taxes or your state and local sales taxes, but not both. This change will primarily benefit people in states with no state and local income taxes. Although, this change may even be advantageous for people who live in a low tax state or for people who have purchased big ticket items.

Year-End Donations: If you are planning a year-end donation to your favorite charity, consider giving shares of publicly traded stock or mutual fund shares that have substantially increased in value over the years. Provided you have owned the shares more than one year on the date of the donation, you can deduct the fair market value and not have to recognize capital gain on the increase in value on your Form 1040. Also, if you are considering donating cash but will not have the money until next year, charge your gift to a credit card this year. As a result, your donation is deductible this year even though you do not pay your credit card debt until next year.

Tax Tips #1: Avoiding underpayment penalties

You can be assessed for underpayment penalties if your total tax due is $1,000. or more when you file your tax return. However, there are ‘safe-harbors” that protect you against penalties even if the tax you owe is $1,000. or more:

• If your withholdings and estimated payments are at least 90% of the current year’s tax liability, you will not be subject to any penalties, provided you pay the difference by April 15 of the subsequent year.
• If your withholdings and estimated payments are at least equal to last year’s tax liability you will not be subject to any penalties, with one exception: If your adjusted gross income is in excess of $150,000., you must pay 112% of the prior year’s tax liability in order to qualify for the “safe harbor.” This “safe-harbor” can be very advantageous for people who are experiencing a dramatic increase in income from the prior year. Even if your tax liability is two to three times greater in the current year you will be protected from penalties. You must pay the remaining tax you owe by April 15 of the subsequent year. In essence, you are receiving a short-term interest free loan from the federal government.

Tax Tips #2: It pays to plan

Individuals and business owners are not always aware that as the year progresses, they are accumulating a significant tax liability. If you are incurring a tax liability not subject to withholding throughout the year, you must make quarterly estimated payments to avoid the penalties. For calendar year taxpayers, the quarterly payments are due on April 15, June 15, September 15, and January 15 of the subsequent year. Business owners who are incorporated face similar rules. For calendar year corporations, the payments are due on April 15, June 15, September 15, and December 15. For fiscal year corporations, the payments are due on the 15th day of the fourth month, sixth month, ninth month, and twelfth month.

Tax Tips #3: Use the withholding rules to your advantage

You can compensate for earlier underpayments during the current year by adjusting your withholdings for the last few months of the year. The IRS considers withheld payroll taxes as being paid equally throughout the year, in spite of when actually withheld. In the case where your additional withholdings occur during the last few months of the year, bringing your total withholdings within the “safe-harbor” provisions, you will be able to avoid the underpayment penalties.

Debt-Based Products

Bonds can offer a higher degree of principal protection than equity securities, but they are not as readily tradable. Due to liquidity factors, obtaining reasonable pricing requires considerable effort on an investor’s part. However, this effort is well rewarded because a bond’s fixed return component means that higher fees have a significant negative impact on returns. Options range from actively “pricing out” a bond issue, buying an initial bond issuance, or purchasing a low-cost bond fund. Bonds typically have a lower return potential than equities due to enhanced safety, although one can purchase junk bonds for higher returns, but with greater risk.

Treasury Securities

Treasury securities are backed by the full faith and credit of the U.S. government. They are considered the safest investment available. The major drawback is that yields on these securities have fallen to historic lows. The prior budget surplus has reduced the offering of these securities, but they still can be purchased directly from the U.S. government (www.treasurydirect.gov/). Directly purchasing from the government is a distinct advantage in that you can obtain a market-based price without having to negotiate with a third party on pricing and/or to incur trading commissions. The Treasury now only issues notes that mature in 10 years or less (the 30-year bond is no longer issued). Treasury interest is free from state income taxation.

Treasury Inflation Protected Securities

Treasury inflation protected securities (TIPS) are a relatively new investment option whereby an investor is protected against inflation. These bonds pay a lower fixed rate, but the principal value is adjusted upward to offset inflation (based on the Consumer Price Index). In the current low interest rate environment, this feature is highly appealing if interest rates start to increase. A major drawback is that the principal adjustment is taxable as credited, but not paid until maturity. The use of a tax-deferred or tax-free account (such as a Roth IRA) would make this tax problem irrelevant.

Agency Securities

Agency securities are debt instruments issued by a governmental entity that is part of the U.S. government. Because they are typically not backed by the full faith and credit of the U.S. government (only indirectly backed), they generally pay a slightly higher rate of interest than Treasury securities.

Ginnie Maes

Ginnie Maes securities represent pools of mortgages that are backed by the full faith and credit of the U.S. government. You can purchase a Ginnie Mae directly ($25,000 minimum), but the use of a low-cost Ginnie Mae mutual fund is probably a better approach. Funds can offer greater diversification in underlying pools and professional management. The major risk is that principal is typically paid back when interest rates fall, and therefore, Ginnie Maes would tend to lose value.

Municipal Bonds

Municipal bonds have the tax advantage that their interest payments are free from the regular federal tax. However, the alternative minimum tax (AMT) can be applicable if they are “private activity bonds issued after August 7, 1986.” The AMT is affecting more taxpayers with the imposed 2001 scheduled tax rate decreases. Private activity bonds tend to offer higher yields due to this distinct tax disadvantage. Another disadvantage is that state income taxation of municipal bond interest occurs if it is not issued from the state in which the taxpayer resides. The interplay of the federal regular income tax, alternative minimum tax and state income taxation necessitates a high degree of tax planning to maximize after-tax returns.

Corporate Bonds

Corporate bonds generally offer the highest yields but without the safety level of government-backed bonds. Additionally, they are taxable on the federal and state levels. You can obtain corporate bond pricing data from the National Association of Securities Dealers, Inc. (NASD) for approximately “500 investment-grade corporate bonds” at www.nasdbondinfo.com/asp/home.asp. One alternative is to invest in preferred and convertible preferred shares instead of corporate bonds.

Other Debt-Based Products

Other debt-based products are bank-based certificates of deposits (CDs), saving accounts, money market accounts and savings bonds. Savings bonds (HH, EE or inflation indexed) in certain circumstances are ideal investment vehicles. For the highest yielding money market funds and bank accounts, you can find yields at www.imoneynet.com and www.bankrate.com. However, a higher yield, as always, can indicate additional risks. A bank investment has the advantage of being federally insured up to $100,000. Money market funds are not insured, and losses, while infrequent, do occur.

Annuities

Annuities have income tax advantages, but they typically are loaded with excessive fees. A $50,000 annuity can generate brokerage fees of up to $4,000, which virtually negates the tax advantage. Proceeds in excess of the investment are taxable as ordinary income upon withdrawal. Also, amounts withdrawn before age 59 ½ are subject to a 10-percent early withdrawal penalty. Additional complicating factors are surrender fees and annual operating fees. It is essential that you seek independent assessment prior to purchase; we can assist you in this area.

Fixed Annuities

Fixed annuities offer a high degree of payout certainty (as long as the underlying company is financially viable). However, they are typically expensive to purchase, resulting in lower overall return potential. Web sites such as www.immediateannuity.com and www.brkdirect.com can be used to obtain competing rates of return. Caution is necessary in verifying an insurance company’s financial credit worthiness. Moody’s reported that American International Group, MetLife, Aegon and Prudential Financial each had over $1 billion in credit “exposure” from bond investments in Worldcom, Enron, Qwest, Williams, TYCO, Dynegy, Global Crossing, Adelphia Communications, Kmart and Xerox. In total, life insurers “held about $23 billion” in these companies, most of which were considered “financially stable” until recent events. State guaranty plans offer only limited protection.

Variable Annuities

Variable annuities are essentially mutual funds with tax deferral. They offer a limited insurance element to qualify under the tax law. There are low expense annuity options available, but “many variable annuities carry substantial fees, as high as 4% annually.”

Dividend Paying Stocks

Dividend paying stocks are now looking much more attractive. Companies, such as Disney, even converted from the standard quarterly distribution to an annual distribution. Dividend yields had dropped to one percent, but are now above two percent. Although, there is no guarantee that any company will pay dividends.

Real Estate Investment Trusts

Real estate investment trusts (REITs) speculate in real estate properties. They typically have a high dividend yield because, in order to qualify for favorable tax treatment, they must distribute 90 percent of their income back to the shareholders. REITs have had a remarkable performance in the current market conditions, but as history shows, the best performing asset classes do not maintain their status indefinitely. REITs can be equity or mortgage based or a combination of both. Mortgage-based REITs subject investors to additional credit risks and were often considered part of the prior problem with this asset class. REITS can be issued on a variety of rental properties.

Guarantee Funds

Guarantee funds are sold on their ability to guarantee investors at least the return of their initial investment (principal). The funds have high fee structures, are limited in the assets in which they can invest and typically offer a principal guarantee only after several years. As the market falls, they are forced to sell more of their equity holdings and place the proceeds into bond-based products. In essence, you obtain an expensive balanced fund (containing both debt and equity) that will move more towards bond-based funds when the markets fall. As the funds invest in more bonds, their yearly tax effect will increase, and therefore, they are not “tax friendly.” Sales charges over five percent are not uncommon, and these funds have an average annual expense ratio of 1.5 percent.

Tax-Integrated Investing

Besides offering an independent assessment of investment alternatives, we can assure that the tax impact of different investments is fully and correctly integrated in financial planning. Investors and/or their advisors all too often ignore the following:

1. Tax-exempt interest considerations

• How does the AMT affect the situation?
• Is interest on municipal bonds taxed at the state level?

2. Treasury securities

• Ability to defer income taxation to the next tax year
• Advantageous avoidance of state income taxation
• Ability to match maturity of a Treasury security with the tax obligation

3. Use of tax-deferred accounts to invest in unfriendly tax investments (interest paying, TIPS, etc.)

4. Utilization of the new capital gains rates of 18 percent and 8 percent

5. Proper use of tax losses

6. Consideration of transfer taxes and stepped-up basis issues

Conclusion

The current market downturn has forced investors to reassess their financial plans. Emphasis needs to be placed on investments with better return characteristics, as opposed to recommending a particular investment product. We believe that clients require unbiased information, not a sales pitch. Due to the fact that most brokers work on a commission basis, a direct conflict of interest exists between brokers and their clients. We can ensure that you are fully aware of the tax, risk, return, and cost factors of investing.

What follows is a brief outline of the areas you need to address:

1. Determine your spending habits.

• Look at your expenditures from last year.
• Break them out between necessities (food, utilities, transportation, mortgage payments, rent, etc.) and non-necessities (vacations, hobbies, entertainment, recreation etc.).
• Make sure you have three to six months of cash available in case of an emergency, such as an unexpected job loss, in order to cover the necessity type of expenditures.
• Also, set aside amounts for planned expenditures such as a vacation or the purchase of a new car.
• Finally, determine if you can cut back on any of your expenses.

2. Determine your net worth.

• Begin by adding up the value of your assets (house, car, boat, investments, 401(k), etc.).
• Next, subtract the amount of your liabilities (mortgage balance, credit card debt, loans, etc.).
• The result is your net worth.

3. Prepare a credit plan.

• As a result of determining your net worth, you know the exact amount and nature of your debt.
• Begin by checking your credit score report (www.myfico.com).
• If you have too much credit card debt, create a realistic pay-down plan.
• Find a credit card company that offers the most favorable terms on balance transfers, and use the new account to consolidate your debt balances, but consider any negative impact on your FICO score first.
• Make sure that you stick with your pay-down plan.

4. Determine your philosophy relative to investing.

• Write down your long term and short-term goals (why you are investing).
• Determine you risk tolerance (what mix of investments will allow you to sleep at night).
• Consider your tax situation and how often you want to rebalance your mix of investments.
• Remember, investments are only a vehicle to help you attain your goals and objectives.

5. Do tax planning throughout the entire year.

• Maintain good records. Keep receipts.
• Analyze your current social security statement for accuracy.
• Consider the tax implications of any major expenditure.
• Review your prior year tax returns to become more familiar with the type of income and deductions you typically incur.
• Educate yourself relative to the tax nuances for your income and deductions.

6. Make sure you have adequate insurance (property, health, life and disability).

• Appropriate insurance coverage is critical to any financial plan. This is not area where you want to skimp.
• Make a list of all coverages.
• Determine your deductibles, over all limits, co-payments, premiums, etc.
• This should be reviewed annually and discussed with your insurance agent.

7. And finally, resolve to save more.

Most people do not discuss the amount of their total tax liability (the amount of tax based on your taxable income before any payroll withholding or quarterly estimated payments) but discuss the amount of their refund or how much they owed. To a great degree, you control the size of your tax bill every April 15. Strategic tax planning throughout the year can decrease your tax liability. Also, if you consistently receive large tax refunds from year to year, decrease your withholding exemptions (ask your employer for Form W-4) or decrease quarterly estimated tax payments.

Retirement Plans: You may be able to shelter all, or a portion, of your self-employment income even if you are covered by a plan through your employer.

Estimated Tax Payments: If you have self-employment taxable income you may have to make estimated tax payments throughout the year or incur an underpayment penalty. For 2007, one way of accomplishing this, would be to pay in 100% of your 2006 tax liability, or 110% of your 2006 tax liability if you had adjusted gross income in excess of $150,000. The other way is to pay in 90% of the 2007 tax liability.

Health Insurance Premiums: You may be able to deduct 100% of your premiums paid in 2007 as an adjustment to income on your Form 1040. The only limitations are (1) the amount can’t exceed your net earnings from your business, and (2) you can’t have been eligible to participate in a subsidized health plan of your employer or your spouse’s employer.

Home Office: If you use your home to conduct your business, a percentage of the ongoing expenses, including depreciation, may be deductible. The percentage is based on the square footage used for the office in relation to the entire home.

Employ your Children: This technique allows you to shift income to your lower-bracketed children and to get work done in the process. Earned income is not subject to the so-called “kiddie” tax. This only works if the work is legitimately performed and the amount of the compensation is reasonable.