About SEK & Co Career Opportunities Services Industries Publications Contact Us Search Home

Volume 28 Number 2, Spring 2007

Estimated Tax Planning for 2007 Gets Complicated

"Estimated tax" sounds simple but it is far from it. Estimated tax is the method used to pay tax on income that is not subject to withholding or if not enough tax is being withheld from a person's salary, pension or other income. To make it even more complicated, you have to keep up with the constantly changing tax laws so you aren't paying too much or too little. This is especially true for 2007 because of some important changes in the tax laws. The good news is that our office is here to do much of the work for you.

General guidelines. Everyone's situation is unique but there are some general guidelines about who must pay estimated tax. Generally, you must pay estimated tax if two conditions apply:

1) you expect to owe at least $1,000 in tax for 2007 after subtracting all your withholding and credits; and

2) you expect your withholding and credits to be less than the smaller amount of: 90% of the tax to be shown on your 2007 return or 100% of the tax shown on your 2006 return. Your 2006 return must cover all 12 months.

The IRS has a special rule for higher-income taxpayers. The percentage of tax for 2006 for individuals with adjusted gross incomes above $150,000 is 110%. This percentage also applies to a married person filing separately with an AGI of $75,000 or more.

Making things complicated. Calculating your estimated tax gets complicated because of many deductions and credits that you may be eligible for. You may be able to take an IRA deduction if you were covered by a retirement plan at work and your 2007 AGI is less than $62,000 ($103,000 for married couples filing jointly). You may also deduct catch-up contributions of up to $3,000 each year to your IRA if you participated in a 401(k) of an employer that was a debtor in a bankruptcy proceeding.

Other items to keep in mind include:
Ø Higher standard deductions for 2007
Ø Earned income credit
Ø Credit for prior year minimum tax
Ø Deduction for qualified mortgage insurance premiums
Ø Higher standard mileage rates for 2007
Ø The domestic production activities deduction

You also have to remember that some tax breaks that were available in the past are not available for 2007. These include the additional exemption for housing individuals displaced by Hurricane Katrina, tax-favored treatment of qualified hurricane distributions from eligible retirement plans and the qualified electric vehicle credit, among others.

If that's not enough, you also have to take into account the alternative minimum tax (AMT). In 2006, the AMT exemption amounts were $42,500 for single individuals and $62,550 for married couples filing jointly. For 2007, the exemption amounts are much less: $33,750 for single individuals and $45,000 for married couples filing jointly. Congress may extend the higher 2006 amounts into 2007 but that likely won't happen until later this year.

In other AMT-related news, certain credits are no longer allowed against AMT. These include the credit for child and dependent care expenses, the credit for the elderly or disabled and some residential energy credits, among others.

Quarterly due dates. Estimated tax payments are due quarterly. For most individual taxpayers, the due dates are:
v April 15 for the period January 1 through March 31
v June 15 for the period April 1 through May 31
v September 15 for the period June 1 through August 31
v January 15 next year for the period September 1 through December 31

These dates apply to an individual whose tax year ends on December 31, as is the case for most individual taxpayers.

Amount. Generally, the required installment is 25% of the required annual payment. However, if you receive taxable income unevenly throughout the year you can elect to pay either the required installment or an annualized income installment. Our office can run all the numbers and tell you precisely what your estimated payment should be.

Penalties. If you fail to make estimated tax payments, pay less than the required installment amount or your payments are late, you may be charged a penalty. You may be liable for a criminal penalty if the IRS determines that your failure to pay estimated tax was willful. Willful failure to pay estimated tax is a misdemeanor punishable by a fine of not more than $25,000, or imprisonment for not more than one year, or both.

If you have any questions about estimated tax, call our office today. Don't wait for the IRS to contact you. We'll be happy to sit down with you and determine if you should be paying estimated tax.

Top of Page


PCAOB Issues Report on Successful Review

SEK&Co has successfully completed an inspection of the firm’s audit practice by the Public Company Accounting Oversight Board (PCAOB). The PCAOB notified the firm that the final report on the inspection was issued March 14, 2007. The scope of the inspection covered financial statement audits of the firm’s Securities and Exchange Commission registered clients and included a review of practices, policies and procedures related to the audit practice and an evaluation of the quality of audit work performed on specific audits.

The PCAOB inspection represents a part of the overall quality control monitoring process. Every three years, the firm’s entire accounting and auditing practice is subjected to a quality monitoring review performed by an independent CPA firm and administered by the American Institute of CPAs. Additionally, the firm conducts a comprehensive internal inspection annually.

"Smith Elliott Kearns & Company, LLC is committed to providing the highest quality accounting, auditing, tax and business advisory services. This successful review is an indication of that level of commitment," said Michael P. Manspeaker, CPA, firmwide director of Quality Control.

Top of Page


Electronic Storage of Business Receipts

In this age of technology, some business owners are asking, "Must I retain original business expense receipts if I computer scan them?"

The answer is no, taxpayers may destroy the original hard copy of books and records and the original computerized records detailing the expenses of a business if they use an electronic storage system.

Businesses often maintain their books and records by scanning hard copies of their documents onto a computer hard drive, burning them onto compact disc, or saving them to a portable storage device. The IRS classifies records stored in this manner as an "electronic storage system." Businesses using an electronic storage system are considered to have fulfilled IRS records requirements for all taxpayers, should they meet certain requirements. And, they have the freedom to reduce the amount of their paperwork.

Record-keeping requirements. Code SEC. 6001 requires all persons liable for tax to keep records as the IRS requires. In addition to persons liable for tax, those who file informational returns must file such returns and make use of their records to prove their gross income, deductions, credits, and other matters. For example, businesses must substantiate deductions for business expenses with appropriate records and they must file informational returns showing salaries and benefits paid to their employees.

It is possible for businesses using an electronic storage system to satisfy these requirements under Code Sec. 6001. However, they must fulfill certain obligations.

Paperwork reduction. In addition, using an electronic storage system may allow businesses to destroy the original hard copy of their books and records, as well as the original computerized records used to fulfill the record-keeping requirements of Code Sec. 6001.

To take advantage of this option, taxpayers must:

(1) Test their electronic storage system to establish that hard copy and computerized books and records are being reproduced according to certain requirements, and

(2) Implement procedures to assure that its electronic storage system is compliant with IRS requirements into the future.

Our firm would be glad to work with you to meet the IRS's specifications, should you want to establish a computerized recordkeeping system for your business. The time spent now can be worth considerable time and money saved by a streamlined and organized system of receipts and records.

Top of Page


How do Your Deductions Compare to National Averages?

Since tax returns for tax year 2006 are still being filed, the IRS is not yet obliged to release any statistical information on 2006. Instead, taxpayers and tax advisors are looking closely at the latest tax year 2005 stats just released by the IRS. These statistics from 2005 tax returns filed less than a year ago are the closest we come to having a crystal ball on our "audit future." From them we can determine whether any item on a tax return this year will appear "out of the norm" to the IRS and therefore much more likely to be audited.

In 2005, 134.5 million taxpayers filed federal individual income tax returns. More than 47 million itemized deductions for taxes, interest, medical expenses, charitable contributions, and state and local income taxes.

National averages. Using recently published data available from the IRS's Statistics of Income Bulletin the average amount of these common deductions has been calculated. You can measure your deductions against the national averages to see how they compare (see chart below).

Adjusted gross income. Adjusted gross income (AGI) rose by 8.9 percent from 2004 to $7.4 trillion for 2005. The largest component of AGI, salaries and wages, went up 5.2 percent to $5,236.5 billion for 2005.

Deductions. Itemized deductions were claimed on 35.4 percent of all returns filed for 2005 and represented 64.9 percent of the total deductions amount. The average total for itemized deductions was $22,693, a 7.9 percent increase. The 2004 average was $21,038. Taxpayers earning more than $50,000 took the most itemized deductions.

Instead of itemizing, taxpayers can take the standard deduction. The number of returns claiming the standard deductions went up 0.9 percent. This percentage accounts for 63.3 percent of all returns filed and 35.1 percent of the total deductions amount. The average standard deduction rose 2.6 percent from $6,690 for 2004 to $6,864 for 2005.

Take a look at your most recently filed return. How do your deductions compare? Call us for a tax planning check-up. Perhaps we can help you keep more of what you earn.

AGI

Total Itemized

Medical

Taxes Paid

State/local Taxes

Interest Paid

Charitable

Under $15,000

$13,661

$7,529

$2,532

$646

$7,393

$1,403

$15,000-$30,000

$13,999

$6,515

$2,783

$983

$7,293

$1,916

$30,000-$50,000

$14,874

$5,625

$3,623

$1,655

$7,582

$2,158

$50,000-$100,000

$18,769

$6,144

$5,812

$3,125

$8,946

$2,703

$100,000-$200,000

$27,423

$9,727

$10,504

$6,234

$11,927

$4,057

$200,000 or more

$70,533

$30,952

$39,321

$30,879

$21,166

$20,434

Top of Page


Protecting Your IT Infrastructure

Recent events such as devastating natural disasters and the threat of terrorism have brought to the forefront the importance of information technology (IT) infrastructure.
Without the flow of electronic information, businesses and governments come to a standstill. When a state’s data systems and communication networks are damaged and its processes disrupted, the problem is serious and the impact far-reaching.
The consequences can be much more than an inconvenience. Serious mistakes may lead to public distrust, chaos and fear. It can mean a loss of vital digital records, legal documents, productivity, accountability, revenue and commerce.
The National Association of State Chief Information Officers (NASCIO) has produced an 11-minute video about disaster recovery plans for local governments. You can see it by going to:

www.nascio.org/committees/disasterRecovery/DRvideo.cfm.

You can also request a free DVD of the video for your organization by going to the NASCIO web site.

Top of Page


The Better Way

Hi Bracket happened to find a small piece of land near an interstate interchange at a bargain price. He knew he couldn't lose so he bought it. And, guess what, he was right. About nine months later that little lot became the key parcel to complete access to a shopping center. The developer made him a deal he couldn't refuse so he took it, settled and walked away with a huge profit.

When his tax return was done, he owed a ton of money. But why? The profit was a capital gain. The problem was that his gain was "short term" (less than 12 months ownership) and was taxed as ordinary income with a maximum bracket of 35%. Had he waited three more months, his "long term" gain would be taxed at no more than 15%. For those with low other income, the gain might be taxed as low as 5%. Quite a savings!

The Better Way would be to plan such events with taxes in mind. Possibly an option or a sales contract could have nailed down the price and bought the time needed for the lower tax rate.

The long term capital gains rates of today are about the most favorable rates we have available. Planning in this area is important when you consider not only holding periods but installment sales and the fine line between being a developer and a casual investor. We can help but it has to be up front.

Top of Page


Check Out Our New Look!

We have recently undergone a redesign of our web site.

What's new, besides a fresh look? We have more information available to you. Our site provides:

Ø a full page devoted to each of the services we provide and the industries we serve,
Ø individual member and manager profiles in PDF format,
Ø brochures featuring our services and niche areas, and
Ø easier navigation.

We have kept all the information you have come to rely on such as driving directions to each of our offices, Roth 401(k) Analyzer, Payroll Tax Bulletin, PA Local tax rates, and the Insight Newsletter, which contains a wealth of information.

You can still access on-line versions of all our publications and press releases. The Tax Alerts, Financial Tools, and Information Center are still there to provide you with current tax information, over 90 interactive calculators, a calendar of tax events and an entire library of federal tax forms. As always, check with our professionals for help with your specific situation.

www.sek.com

Top of Page


Information provided on the World Wide Web by Smith Elliott Kearns & Company, LLC is intended for reference only. The information contained herein is designed solely to provide guidance to the reader, and is not intended to be a substitute for the reader seeking personalized professional advice based on specific factual situations. Information on this web site does NOT constitute professional accounting, tax or legal advice and should not be interpreted as such. Although Smith Elliott Kearns & Company, LLC has made every reasonable effort to ensure that the information provided is accurate, Smith Elliott Kearns & Company, LLC, and its members, managers and staff, make no warranties, expressed or implied, on the information provided on this web site. The reader accepts the information as is and assumes all responsibility for the use of such information. All information contained on this web site is protected by copyright and may not be reproduced in any form without the expressed, written consent of Smith Elliott Kearns & Company, LLC. All rights are reserved.