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Volume 26 Number 1, Winter 2005

Luke C. Martin, CPA is the Newest Partner at SEK&Co

The partners of Smith Elliott Kearns & Company, LLC, Certified Public Accountants and Consultants, are pleased to announce that Luke C. Martin, CPA was admitted as a partner of the firm effective January 1, 2005. The firm has offices in Chambersburg, Hanover, and Carlisle Pennsylvania; and Hagerstown, Maryland, and offers small business accounting and consulting, tax and payroll services, tax return preparation and planning, auditing, computer consulting (QuickBooks and Peachtree) and employee benefit plan design and administration services.

Mr. Martin received his Bachelor of Science degree in accounting from Shippensburg University in December 1989 and joined Smith Elliott Kearns & Company in January 1990.

He is a partner in the Chambersburg office’s Tax Department and has significant experience including accounting, auditing, tax compliance and consulting services to small businesses.

In addition to tax services, Luke is responsible for conducting and supervising audits and related services for municipalities.

Luke has served as an instructor for several training courses on governmental accounting and auditing. He also has experience with closely-held businesses in construction and manufacturing; preparing financial statements and related reports on internal controls, compliance and management advice.

Mr. Martin's professional memberships include the American Institute of Certified Public Accountants and the Pennsylvania Institute of Certified Public Accountants.

Luke is active in his community, serving as a board member and treasurer for the Greater Chambersburg Chamber Foundation and past president of the Chambersburg Noontime Lions Club and the Franklin County Leadership. He also holds leadership positions in the King Street United Brethren Church, as well as past board member of Big Brothers/Big Sisters of Franklin County.

He and his wife, Chrystal, live in Chambersburg with their son, Christian.

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A Head Start on Retirement

Parents typically encourage their children to save for college, for a house or simply for a rainy day. Saving for a child’s retirement, however, is a much less common goal. Too many other expenses are at the forefront. Yet, helping to plan for a young person’s retirement is a move that many astute families are making. Individual retirement accounts (IRAs) for income-earning minors and young adults offer a head start on lifelong financial planning. Through investing in an IRA, a young person’s earnings from working part-time at the local video/dvd rental store, or a summer job loading trucks, can contribute to the quality of life of their retirement years.

Two types of IRA accounts exist. They are the traditional IRA and the Roth IRA. To contribute to an IRA, whether its a traditional or a Roth IRA, an individual must have earned income. This can disqualify many children.

In general, the maximum annual amount that can be deposited in either type of IRA is the lesser of earned income or $3,000 in 2004; and $4,000 in 2005 through 2007. (Note: gone are the days when the earned income limit on contributions was set at 15 percent of earned income, which in practice removed the effective use of an IRA for most children.)

Traditional IRA. Contributions to a traditional IRA are tax deductible. Earnings are not taxed until a distribution is made. If money is withdrawn from a traditional IRA before the individual reaches age 59½, Code Sec. 72(t) imposes a 10 percent penalty (with exceptions, noted below). With a traditional IRA, mandatory withdrawals are required when the individual reaches age 70½.

Roth IRA. Contributions to Roth IRAs are not tax deductible but all contributions and earnings are tax-free when the money is withdrawn from the account, if certain permitted-withdrawals events occur. Tax-free withdrawals are a big advantage that may outweigh the lack of a tax deduction on contributions, especially for a child who is usually in a low tax bracket (remember, the "kiddie" tax does not apply to the extent a child has earned income). Unlike the traditional IRA, individuals can make contributions to a Roth IRA even after age 70½.

Roth five-year period. Qualified distributions from a Roth IRA are not included in the individual’s income, nor are they subject to the 10 percent early distribution penalty, if a five-year holding period (discussed below) is met. To satisfy the five-year holding period, Roth distributions may not be made before the end of the five tax years beginning with the tax year in which the individual first made a contribution. Generally, one five-year period applies to all of the Roth IRAs the individual owns.

Penalty flexibility. Exceptions, sometimes referred to as the "72(t) exceptions," authorize early withdrawals, without penalty, if the money is used for:

* college expenses;

* first home purchase (up to $10,000);

* medical insurance in case of unemployment for a certain amount of time; or

* expenses attributable to disability (Roth IRA).

Although designed for retirement planning, this flexibility makes IRAs very attractive for young adults.

It is important to note, however that while using the traditional IRA to pay for higher education expenses avoids the 10 percent early distribution penalty, regular income tax on the distribution is not avoided.

Working for parents

To contribute to an IRA, a child or young adult must have earned income. In other words, the child generally needs a W-2 or a Form 1099. Although occasional baby-sitting or lawn-mowing is generally ignored as income (and exempt for FICA/"Nanny" taxes), the money made from those jobs can qualify as earned income if adequate receipts and records are kept.

Some parents, who own a business, are taking the "kiddie IRA" concept one step further. Their sons and daughters come to work for the family business. The child earns income, making him or her eligible to contribute to an IRA. The parents, as the employer, must issue a W-2 (and pay FICA taxes unless the child is under 18 and working for an unincorporated family business). They can also take a business deduction for the child's wages, just like for any other employee. Parents should be mindful that the wages the child earns for the work performed is comparable to the going rate. If the child's wages are too generous, the IRS will disallow the deduction.

Let's make a deal

The tough part of the plan may be getting the young person to "lock away" his or her hard-earned cash. After all, retirement seems so far away when you're a teenager and is much harder to imagine compared to more pressing, front-burner issues like college expenses or buying a car.

Some parents, however, are convincing their kids to put their earnings to work for their future in an IRA by promising to match (or partially match) the child's pay.

There's no rule that restricts the origin of the IRA contribution, so long as the owner earned at least that amount and the contribution doesn't exceed the cap for that year. However, parents should avoid the temptation to add a "little extra" to the child's IRA. Annual contributions to either a traditional IRA or a Roth in excess of the allowable amounts ($3,000 in 2004 and $4,000 in 2005) are subject to a cumulative six percent tax.

One potential hazard

IRAs for children and young adults are an important part of family financial planning. However, one potential hazard must be recognized. The money in the IRA belongs to the child. The owner of the IRA can do whatever he or she wishes with its assets, including making a withdrawal for a new car or a trip.

Parents do not "own" the IRA, even if they match their child's contributions. Families who utilize IRAs for their offspring will have to consider that risk.

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The Better Way

Hi Bracket, while snowbirding the winter in Florida, heard his buddies at the club talking up the great tax deductions they got by donating used cars to charity. They didn't have to advertise the car, haggle with buyers, replace tires, make repairs or even interact with the friendly people at the Motor Vehicle Administration. All they had to do is look up the car's value on KellyBlueBook.com. (maybe that car was in good shape) and claim a charitable contribution. Heck, they even got public recognition from the charity.

Just when Hi thought he had really found a good deal, he learned the rules had changed after 2004. Now, the deduction was limited to what the charity sold the car for and, guess what, they didn't care about getting top dollar. Foiled again!

The Better Way would be to rely on one of the exceptions to the general rule. If the charity uses the vehicle or makes material improvements to it, the old valuation method still works. It might not be easy to find a charity that wants to use such a high quality vehicle, but it is possible. Alternatively, the vehicle could be donated to a technical school qualifying as a charity for the purpose of training automotive repair students. This could constitute use for the charitable purpose as well as material improvements being made ready for sale. The tax deduction is back!

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2005 Standard Mileage Rates Set

The standard mileage rate for business use of autos during 2005 has increased from 37.5 cents to 40.5 cents per mile. Taxpayers may base their deduction on either the standard mileage rate (plus business-associated parking fees, tolls, and, to the extent allowable, interest and taxes) or deduct their actual expenses incurred for business use of an auto.

Employers may use the standard mileage rate when computing payments for employees' auto expenses incurred under a reimbursement or expense allowance arrangement and thereby substantiate the amount of such expenses, if the accountable plan requirements are satisfied.

Standard Mileage Rates
Type 2005 rate
Expense (per mile)

Business 40.5 cents
Charitable 14 cents
Medical/Moving 15 cents

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