Tax Strategies

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TABLE OF CONTENTS

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TAX SAVING STRATEGIES

MUTUAL FUNDS

RETIREMENT ASSETS

TRADITIONAL & ROTH IRAs

TAX BENEFITS OF HIGHER EDUCATION COSTS

THE "NANNY TAX" RULES

RECORD KEEPING FOR YOUR TAXES

ANNUITIES



























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Q.  

What's the best way to borrow to make consumer purchases?

  

A.  For homeowners, it’s the home equity loan. Other consumer related interest expense, such as from car loans or credit cards, is not deductible.

Interest on a home-equity loan can be deductible. So avoid other nondeductible borrowings and use a home-equity loan if you plan to borrow for consumer purchases.

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Q.  

What special deductions can I get if I'm self employed?

  

A.  You may be able to take an immediate expense deduction of up to $105,000 for 2005, for equipment purchased for use in your business, instead of writing it off over many years. Additionally, self-employed individuals can deduct 100% of their health insurance premiums. You may also be able to establish a Keogh, SEP or SIMPLE plan and deduct your contributions (investments).

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Q.  

Can I ever save tax by filing a separate return instead of jointly with my spouse?

  

A.  You sometimes may benefit from filing separately instead of jointly. Consider filing separately if you meet the following criteria:

  • One spouse has large medical expenses, miscellaneous itemized deductions, or casualty  losses.
  • The spouses’ incomes are about equal.

Separate filing may benefit such couples because the adjusted gross income "floors" for taking the listed deductions will be computed separately.

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Q.  

Why should I participate in my employer's cafeteria plan or FSA?

  

A.  You generally can’t deduct  your medical and dental expenses, since they are deductible only to the extent they exceed 7.5% of your Adjusted Gross Income. But you can effectively get a deduction for these items if your employer offers a Flexible Spending Account (FSA), Health Savings Account or cafeteria plan. These plans permit you to redirect a portion of your salary to pay these types of expenses with pre-tax dollars.

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Q.  

What's the best way to give to charity?

  

A.  If you’re planning to make a charitable gift, it generally makes more sense to give appreciated long-term capital assets to the charity, instead of selling the assets and giving the charity the after-tax proceeds. Donating the assets instead of the cash avoids capital gains tax on the sale, and you can obtain a tax deduction for the full fair market value of the property.

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Q.  

I have a large capital gain this year.  What should I do?

  

A.  If you also have an investment on which you have an accumulated loss, it may be advantageous to sell it prior to year-end. Capital losses are deductible up to the amount of your capital gains plus $3,000. If you are planning on selling an investment on which you have an accumulated gain, it may be best to wait until after the end of the year to defer payment of the taxes for another year (subject to estimated tax requirements).

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Q.  

What other tax-favored investments should I consider?

  

A.  For growth stocks you hold for the long term, you pay no tax on the appreciation until you sell them.  No capital gains tax is imposed on appreciation at your death.

Interest on state or local bonds ("municipals") is generally exempt from federal income tax and from tax by the issuing state or locality.  For that reason, interest paid on such bonds is somewhat less than that paid on commercial bonds of comparable quality.  However, for individuals in higher brackets, the interest from municipals will often be greater than from higher paying commercial bonds after reduction for taxes.

For high-income taxpayers, who live in high-income-tax states, investing in Treasury bills, bonds, and notes can pay off in tax savings. The interest on Treasuries is exempt from state and local income tax.

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Q.  

What tax-deferred investments are possible if I'm self-employed?

  

A. Consider setting up and contributing as much as possible to a retirement plan. These are allowed even for sideline or moonlighting businesses.  Several types of plan are available: the Keogh plan, the SEP, and the SIMPLE.

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Q.  

How can I make tax-deferred investments?

  

A. Through the use of tax-deferred retirement accounts you can invest some of the money you would have otherwise paid in taxes to increase the amount of your retirement fund. Many employers offer plans where you can elect to defer a portion of your salary and contribute it to a tax-deferred retirement account. For most companies these are referred to as 401(k) plans. For many other employers, such as universities, a similar plan called a 403(b) is available.

Some employers match a portion of employee contributions to such plans. If this is available, you should structure your contributions to receive the maximum employer matching contribution.

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Q.  

What can I do to defer income?

  

A. If you are due a bonus at year-end, you may be able to defer receipt of these funds until January. This can defer the payment of taxes (other than the portion withheld) for another year.  If you're self employed, defer sending invoices or bills to clients or customers until after the new year begins. Here, too, you can defer some of the tax, subject to estimated tax requirements.

You can achieve the same effect of short-term income deferral by accelerating deductions—for example, paying a state estimated tax installment in December instead of at the following January due date.

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Q.  

Why should I defer income to a later year?

  

A. Most individuals are in a higher tax bracket in their working years than during retirement. Deferring income until retirement may result in paying taxes on that income at a lower rate. Deferral can also work in the short term if you expect to be in a lower bracket in the following year or if you can take advantage of lower long-term capital gains rates by holding an asset a little longer.

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Q.  

How are mutual fund distributions taxed?

  

A.  You must generally report as income any mutual fund distribution, whether or not it is reinvested. The tax law generally treats mutual fund shareholders as if they directly owned a proportionate share of the fund's portfolio of securities. (The fund itself is not taxed on its income if certain tests are met and substantially all of its income is distributed to its shareholders.) Thus, all dividends and interest from securities in the portfolio, as well as any capital gains from the sales of securities, are taxed to the shareholders.

There are two types of  taxable distributions: ordinary dividends and capital gain distributions.

Distributions of ordinary dividends, which come from the interest and dividends earned by securities in the fund's portfolio, represent the net earnings of the fund. They are paid out periodically to shareholders. Like the return on any other investment, mutual fund dividend payments decline or rise from year to year, depending on the income earned by the fund in accordance with its investment policy. Because these payments are considered dividends to you, they must be reported on your tax return. As qualified dividends, they will enjoy the special low tax rate of 15% (except 5% for taxpayers in tax brackets below 25% and 0 for those taxpayers in 2008).

Capital gain distributions are the net gains, if any, from the sale of securities in the fund's portfolio. When gains from the fund's sales of securities exceed losses, they are distributed to shareholders. As with ordinary dividends, capital gain distributions also vary in amount from year to year. Capital gains distributions received after 5/5/03 also qualify for a tax rate of 15% (except 5% for taxpayers in tax brackets below 25% and 0 for those taxpayers in 2008).

What does this mean for you at tax time? Your mutual fund will send you a Form 1099-DIV, which tells you what earnings to report on your income tax return and which are qualified dividends. You include qualified ordinary dividends with your capital gain distributions as long-term capital gain, regardless of how long you have owned your fund shares.

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Q.  

Are reinvested dividends from a mutual fund taxable?

  

A.  Most funds offer you the option of having dividend and capital gain distributions automatically reinvested in the fund—a good way to buy new shares and expand your holdings. Most shareholders take advantage of this service. However, you do not avoid tax this way. Reinvested ordinary dividends are taxed as ordinary income, just as if you had received them in cash. Reinvested capital gain distributions are taxed as long-term capital gain.
TIP TIP: If you reinvest, add the amount reinvested to the "cost basis" of your account. ("Cost basis" is the amount you paid for your shares.) The cost basis of your new shares purchased through automatic reinvesting is easily seen from your fund account statements. This information is important later on when you sell shares.

Make sure that you don't pay any unnecessary capital gain taxes on the sale of mutual fund shares because you forgot about reinvested amounts. When you reinvest dividends and capital gain distributions to buy more shares, you should add the cost of those shares (that is, the amount invested) to the cost basis of the shares in that account because you have already paid tax on those shares.

Note Example: You bought 500 shares in Fund PQR in 1990 for $10,000. Over the years you reinvested dividends and capital gain distributions in the amount of $10,000, for which you received 100 additional shares. This year, you sold all 600 of those shares for $40,000.

If you forget to include the price paid for your 100 shares purchased through reinvestment (even though the fund sent you a statement recording the shares you received in each transaction), you will unwittingly report on this year's tax return a capital gain of $30,000 ($40,000 - $ 10,000) on your redemption of 600 shares, rather than the correct capital gain of $20,000 ($40,000 [$10,000 + $10,000]).

Failure to include reinvested dividends and capital gain distributions in your cost basis is a costly mistake.

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Q.  

Am I subject to tax if I switch from one fund to another in the same
mutual fund family?

  

A.  The "exchange privilege," or the ability to exchange shares of one fund for shares of another, is a popular feature of many mutual fund "families." Families are fund organizations offering a variety of funds.

For tax purposes, exchanges are treated as if you had sold your shares in one fund and used the cash to purchase shares in another fund. This means you must report any capital gain from the exchange on your return. The same tax rules used for calculating gains and losses when you redeem shares apply when you exchange them.

Note Note: Gains on these redemptions and exchanges are taxable whether the fund invests in taxable or tax-exempt securities.

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Q.  

Am I subject to tax on return-of-capital distributions?

  

A.  Sometimes mutual funds make distributions to shareholders that are not attributable to the fund's earnings: these are nontaxable distributions, also known as returns of capital. (Note that nontaxable distributions are not the same as the tax-exempt dividends.) Because a return of capital is a return of part of your investment, it is not taxable. Your mutual fund will show any return of capital on Form 1099-DIV in the box for nontaxable distributions.

If you receive a return of capital distribution, your basis in the shares is reduced by the amount of the return.

Note Example: Two years ago you purchased 100 shares of Fund ABC at $10 a share. Last year you received a $1-per-share return of capital distribution, which reduced your basis in those shares by $1, to give you an adjusted basis of $9 per share. This year, you sell your 100 shares for $15 a share. Assuming no other transactions during this period, you would have a capital gain this year of $6 a share ($ 15 - $9) for a total reported capital gain of $600.

Non-taxable distributions cannot reduce your basis below zero. It you receive returns of capital that, taken together, exceed your original basis, you must report the excess as a long-term capital gain.

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Q.  

Should I invest in tax-exempt funds to cut my income taxes?

  

A.  If you're in the higher tax brackets and are seeing your investment profits taxed away, there is a good alternative to consider: tax-exempt mutual funds.

The distributions of municipal bond funds that are attributable to interest from state and municipal bonds are exempt from federal income tax, although they may be subject to state tax.

The same is true of distributions from tax-exempt money market funds. These funds also invest in municipal bonds, but only in those that are short-term or close to maturity, the aim being to reduce the fluctuation in NAV that occurs in long-term funds.

Many taxpayers can ease their tax bite by investing in municipal bond funds. The catch with municipal bond funds is that they offer lower yields than comparable taxable bonds. For example, if a U.S. Treasury bond yields 4.8%, a quality municipal bonds of the same maturity might yield 4%. The tax advantage makes it worthwhile to invest in the lower-yielding tax-exempt fund, and the tax advantage to an particular investor hinges on that investor’s tax bracket.

To figure out how much you'd have to earn on a taxable investment to equal the yield on a tax-exempt investment, use this formula:

The tax-exempt yield divided by (1 minus your tax bracket) = equivalent yield of a taxable investment.

Note Example: You are in the 28percent bracket, and the yield of a tax-exempt investment is 4percent. Applying the formula, we get .04 divided by (1 minus .28) = .0555. Therefore, 5.55 percent is the yield you would have to receive from a taxable investment to match the tax-exempt yield of 4 percent.
Note Note: For some taxpayers, portions of income earned by tax-exempt funds may be subject to the federal alternative minimum tax

Although income from tax-exempt funds is federally tax-exempt, you must still report on your tax return the amount of tax-exempt income you received during the year. This is an information-reporting requirement only and does not convert tax-exempt earnings into taxable income.

Your tax-exempt mutual fund will send you a statement summarizing its distributions for the past year and explaining how to handle tax-exempt dividends on a state-by-state basis.

Note Note: Capital gain distributions paid by municipal bond funds (unlike distributions of interest) are not free from federal tax. Most states also tax these capital gain distributions.

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Q.  

How do the states generally  tax mutual fund distributions?

  

A.  Generally, states treat mutual fund distributions as taxable income, as the federal government does. However, the state may not provide favored tax rates for dividends or long-term capital gains. There are two further areas of different treatment. If your mutual fund invests in U.S. government obligations, states generally exempt from state taxation dividends attributable to federal obligation interest.

Another special situation deals with mutual funds that invest in state obligations. Most states do not tax income from their own obligations, whether held directly or through mutual funds. On the other hand, the majority of states do tax income from the obligations of other states. Thus, in most states, you will not pay state tax to the extent you receive, through the fund, income from obligations issued by your state or its municipalities.

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Q.  

What are the tax benefits and problems from investing in a foreign mutual fund?

  

A.  Dividends from funds investing in foreign stocks may qualify for the 15%/5% rate on dividends. If your fund invests in foreign stocks or bonds, part of the income it distributes may have been subject to foreign tax withholding. If so, you may be entitled to a tax deduction or credit for your pro-rata share of taxes paid. Your fund will provide you with the necessary information.
TIP TIP: Because a tax credit provides a dollar-for-dollar offset against your tax bill, while a deduction reduces the amount of income on which you must pay tax, it is generally advantageous to claim the foreign tax credit. If you go the credit route, you may need to attach a special form to your Form 1040, depending on the amount of credit involved.

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Q.  

Will my heirs owe income taxes when they inherit my retirement assets?

  

A.  Yes, generally under the same rules that would apply to your withdrawals of the same amounts had you lived. But consider—

Your spouse can rollover your account to his or her IRA.

No early withdrawal penalty applies, regardless of your beneficiary’s age. But a spouse who rolled over to an IRA may owe an early withdrawal penalty on an IRA withdrawal before 59 ½.

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Q.  

Will my heirs owe estate taxes on inherited retirement assets?

  

A. The estate tax burden is declining, but many tax professionals doubt that the estate tax repeal (scheduled to become effective in 2010) will occur. Under the rules applicable until then, only a small percentage of estates (based on the value of one’s assets at death, and including large lifetime gifts) will be subject to estate tax. There is no estate tax on assets passing to a surviving spouse or charity.

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Q.

Is estate tax deferred if my heir will get an annuity?

A.  No. The estate is taxed on the annuity’s present value.

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Q.  

How can I minimize or eliminate tax on inherited retirement assets?

  

A.  You can minimize or eliminate tax on inherited retirement assets by using the following methods:

  1. Leave them to your spouse—saves estate tax and helps postpone withdrawals subject to income tax.
  2. Leave them to charity—saves income and estate tax (though with no financial benefit to the family).
  3. Leave them to family for life, remainder to charity (a charitable remainder trust)—reduces estate tax with some benefit to family.
  4. Provide life insurance to pay estate tax on retirement assets—provides estate liquidity, avoiding taxable distributions to pay estate tax.

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Q.   How should I take distributions from my retirement plan?
A.  If your assets are in a tax-favored retirement fund such as a company or Keogh pension or profit-sharing plan (including thrift and savings plans), 401(k), IRA or stock bonus plan, your likeliest options are:
  • Everything in a lump sum;
  • An annuity;
  • A partial withdrawal (leaving the balance for withdrawal later);
  • A rollover; or
  • Some combination of the above.

Some plans tilt more than others towards certain withdrawal options. Annuities are commonest with pension plans. The other types of plan favor the other options. But in many plans, all or most options are available, and combinations may be available.

You may want to preserve the tax shelter as long as possible, by withdrawing no more than you need.

In some plans, your retirement assets will be distributed in kind—as employer stock, or an annuity or insurance contract.

Timing your withdrawal can be a factor, too. Withdrawals before age 59 &Mac189; risk a tax penalty. And withdrawal is generally required to start at age 70 1/2, reinforced with a tax penalty and other rules, except for Roth IRAs, and plan permitting for non-owner-employees still working beyond that age.

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Q.   When should I take a lump-sum distribution from my retirement plan?

A.   Your personal needs should decide. You may need a lump sum to buy a retirement home or retirement business.

Or perhaps your employer makes you take it that way or you want personal control of your assets. (In these cases, an IRA rollover may be a wise move.)

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Q.   What should I do about my retirement plan assets in my ex-employer's plan if I change jobs?
A.   There are several things you might do depending upon your needs:
  1. If you don't need the assets to live on, try to continue the tax shelter.
  2. Transfer (roll over) the assets to the plan of your new employer, if that plan allows it (this can be tricky, though).
  3. If going into your own business, set up a Keogh and move the funds there.
  4. Roll them over into your IRA.

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Q.   Can creditors get at my retirement assets?
A.   Not for company or Keogh plans, including 401(k)s, except that IRS can reach your assets for tax claims. But federal pension law provides no protection for IRAs or—for Keoghs if you and your spouse are the only ones in the plan. (Limited Protection is offered in these cases under federal bankruptacy law.)  State law may provide protection—though not against the IRS—where federal law is lacking.

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Q.   How will my state tax affect my retirement withdrawals?
A.   Each state is different; you’ll have to check yours. But consider: 
  1. While withdrawals are generally taxable in states with income tax, some offer relief for retirement income, up to a specified dollar amount.
  2. If your state doesn’t allow deduction for Keogh or IRA investments allowed under federal law, these investments—and sometimes more—may come back tax-free.
  3. State tax penalties for early withdrawal (before age 59 1/2) or inadequate withdrawal (after age 70 1/2) are unlikely.

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Q.   I understand that I'm required to take money out of my retirement plan after I reach age 70 1/2. Why is that?
A.  Retirement plans offer the biggest tax shelter in the federal system, since funds grow tax-free while in the plan. But the shelter is primarily intended for retirement. So when you reach 70 1/2 (or shortly thereafter), you must start to withdraw from the plan.

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Q.   How can I continue the tax shelter for retirement plan assets after age 70 1/2?
A.  The shelter can continue for a large part of those assets, for a long time, assuming you don't need them to live on. You can spread withdrawals over a period based on, but longer than, your life expectancy-for example, over at least 27.4 years if you're 70 1/2 now. The shelter continues for whatever is not withdrawn. However, you are free to withdraw at a faster rate, or all of it, if you wish.

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Q.   Suppose there are still retirement assets in my account at my death. Can the shelter continue for those who receive those assets?
A.   Generally, yes. In general, persons you have named as your plan beneficiaries can withdraw over their life expectancies (or more rapidly if they wish); your spouse can sometimes spread withdrawal over a longer period. The withdrawal period is generally shorter where no individual beneficiary is named (for example, where your estate is the beneficiary).

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Q.   Can moving to another state when I retire save me state taxes on my
retirement plan?
A.   Money from retirement plans, including 401(k)s, IRAs, company pensions and other plans, is taxed according to your residence when you receive it.

If you move from a state with a high income tax, such as New York, to one with little or no income tax (Texas, Nevada and Florida have none), you will indeed save money on state income tax. 

However, establishing residence in a new state may take as long as one year; if you retain property in both states, you may owe taxes to both.  

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Q.   What is a reverse mortgage?
A.   A reverse mortgage is a type of home equity loan that allows you to convert some of the equity in your home into cash while you retain home ownership. Reverse mortgages work much like traditional mortgages, only in reverse. Rather than making a payment to your lender each month, the lender pays you. Most reverse mortgages do not require any repayment of principal, interest, or servicing fees for as long as you live in your home.

Retired people may want to consider the reverse mortgage as a way to generate cash flow. A reverse mortgage allows homeowners age 62 and over to remain in their homes while using their built-up equity for any purpose: to make repairs, keep up with property taxes or simply pay their bills.

Understand that reverse mortgages are rising-debt loans. This means that the interest is added to the principal loan balance each month, because it is not paid on a current basis. Therefore, the total amount of interest you owe increases significantly with time as the interest compounds. Reverse mortgages also use up some or all of the equity in your home. 

All three types of plans (FHA-insured, lender-insured, and uninsured) charge origination fees and closing costs. Insured plans also charge insurance premiums, and some impose mortgage servicing charges. Finally, homeowners should realize that if they're forced to move soon after taking the mortgage (because of illness, for example), they'll almost certainly end up with a great deal less equity to live on than if they had simply sold the house outright. That is particularly true for loans that are terminated in five years or less.

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Q.  

What's good about investing in IRAs?

  

A.  There are three types of IRA: the Roth IRA, the Education IRA, and the Traditional IRA, all of which are discussed in the Financial Guides listed below.  All IRAs defer taxation of investment income until funds are withdrawn. Contributions to Traditional IRAs in many cases are deductible; withdrawals from Traditional IRAs are taxable income, except for withdrawal of previously non-deductible contributions.

Related FG: ROTH IRAs: How They Work And How To Use Them.
Related FG: HIGHER EDUCATION COSTS: How To Get The Maximum Deductions.

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Q.  

Can anyone have a traditional IRA?

  

A.  If you have income from wages or self-employment income, you can contribute up to $4,000 in 2005-7, higher in later years. Thus, they are available even to children who meet these conditions.

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Q.  

Can my homemaker spouse have an IRA?

  

A.  Yes. Contributions of $4,000 for each spouse are allowed if the couple’s wages or self-employment earnings are $8,000 or more. This rises to higher amounts after 2007.

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Q.

What makes Roth IRAs so special?

A.  Roth IRAs offer the following advantages:
  • Withdrawals—if they qualify—are completely exempt from income tax, unlike all other retirement plans.
  • Many can quickly build up their Roth IRA accounts by converting traditional IRAs into Roth IRAs—at a tax cost.
  • Since you need not withdraw from your Roth IRA at any age, more can be passed on to heirs than would be allowed under other plans.

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Q.  

Can anyone have a Roth IRA?

  

A.  Not everyone can have a Roth IRA.  The following conditions apply:

  • You can’t contribute to a Roth IRA for a year with income above $110,000 if single or $160,000 on a joint return.
  • You can’t convert a traditional to a Roth IRA with income above $100,000 (single or joint return).
  • You must have earnings from personal services—$4,000 or more to make the (maximum) contribution. The amounts for earnings and contributions rise higher after 2007.

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Q.  

Can I set up a Roth IRA for my spouse?

  

A.  Yes, subject to the income conditions above. This allows contributions of $4,000 each if the couple’s earnings are at least $8,000 after 2004; higher amounts after 2007.

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Q.  

Can I set up a Roth IRA for my child?

  

A.  Yes, for a child with personal service earnings, and subject to the other income conditions.

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Q.  

What's the downside to Roth IRAs?

  

A.  The following is a brief list of negative issues regarding Roth IRAs:
  • There’s never a deduction for Roth IRA contributions.
  • To build a sizable Roth IRA fund, you must convert a traditional IRA. Conversions are taxable.
  • In converting to a Roth IRA, you risk an excess contribution penalty and an early withdrawal penalty, if income exceeds $100,000.

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Q.  

What can I do if I converted to a Roth IRA and my income exceeds $100,000?

  

A.  You can "re-characterize" your Roth IRA to a Traditional IRA (with suitable paperwork). This eliminates the Roth IRA and the tax. The deadline is the tax return due date including extensions.

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Q.  

What if my Roth IRA assets fall in value after conversion?

  

A.  You can re-characterize as in the preceding answer, so you don’t pay tax on asset values you no longer have.

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Q.  

How are my heirs taxed on inherited Roth IRA wealth?

  

A.  Your heirs are taxed as follows:
  • No income tax whatever, if the funds have been in the Roth IRA at least 5 years.
  • The heir can spread the withdrawal over his or her life, continuing the tax shelter for amounts not withdrawn.
  • Estate tax treatment is the same as for traditional IRAs.

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Q.  

What types of tax relief are available for costs of my children's higher education?

  

A.  A wide variety of relief is available. In some cases you'll have to choose which to claim, based on what each is worth in your tax situation.  There are tax exclusions, tax deferrals, tax credits, tax deductions, and relief from tax penalties.

You can't take two different kinds of relief for the same item.  You can sometimes take one type of relief for one education item and another type for another item.

Some benefits have income ceilings that bar or limit the relief as taxpayer's income rises. 

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Q.  

What's the education tax credit?

  

A.  There are two types of education credit, and you must choose.  Briefly: the Hope credit is for the first 2 years after high school, so it fits community college or the first 2 years of a 4 year college.  It must be for at least half-time study.  The credit ceiling is $1,500 per student per year (100% of the first $1,000, 50% of the next $1,000).

The lifetime learning credit fits any undergraduate or graduate study, but study less than half- time must be work-related. The credit ceiling is $2,000 (20% of expenses up to $10,000) per taxpayer per year.

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Q.  

Do any tax planning considerations apply to the education tax credit?

  

A.  For an academic period (quarter, semester, etc.) beginning in the first 3 months of a calendar year, you can pick which year to pay the expense and take the credit.  That is, pay in December, 2005 and take the credit in 2005 or pay in, say, February, 2006 and take the credit in 2006.

Your family may be able to save tax by foregoing the education credit and taking an available exemption for program distributions instead. 

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Q.  

Do living expenses while in school qualify for tax relief?

  

A.  Sometimes. Examples are for relief provided for Coverdell education expense accounts (Section 530 programs), for qualified tuition (section 529) programs, for withdrawals from traditional and Roth IRAs, and for student loans. 

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Q.  

How does a Coverdell (section 530) program work?

  

A.  An education IRA differs from other IRAs in the following ways:
  • No more than $2,000 a year can be contributed to any single 530 account in any year, and contributors are subject to income limits. 
  • Contributions aren't deductible and excess contributions are subject to penalty.
  • Withdrawals are tax-free to the extent used for qualified education expenses. 
  • Contributions can't be made after the student reaches age 18, and the account generally must distribute all funds by the student's age 30.

Unlike other plans, 530 accounts may be used for primary and secondary education, including paying for room and board of children in private schools, and for computers and related materials whether or not away from home.

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Q.  

How can my family make best use of a Coverdell (Section 530) program? 

  

A.  There can be a number of Section 530 accounts for any student. Various family members, such as grandparents, aunts and uncles, and siblings--and persons outside the family--can contribute to separate accounts for a student. 

The original student beneficiary for the Section 530 account can be changed to another family member, such as a sibling--for example where the original beneficiary wins a scholarship or drops out.

Funds can be rolled over tax-free from one family member's Section 530 account to another's--for example, to avoid distribution when the first family member reaches age 30.

The education tax credit (where applicable) can be waived in favor of tax-free treatment for Section 530 account distributions. 

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Q.  

What are qualified tuition programs?

  

A.  These, also called Section 529 programs, are college savings programs established by almost every state, and some private colleges. You invest now to cover future college expenses, by contributing to a savings account or buying tuition credits redeemable in the future. Investments grow tax-free, and distributions to pay college expenses can also be tax-free. You may choose any state’s plan, regardless of where you live. 

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Q.  

How do Coverdell Section 530 plans and qualified tuition Section 529 plans differ?

  

A. In several major ways. Section 530 plans limit investment to $2,000 a year per student; 529 plans allow much larger investment. Section 530 plans allow wide choice of investment; 529 investment choices are limited and conservative. Section 530 is a single nationwide program; each 529 program is different. Though both are available for higher education, Section 530 can also be used for primary and secondary education. You are free to use both for higher education for the same student. 

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Q.  

Can my traditional IRA be used for education? 

  

A.  Yes.  The 10% penalty on withdrawal under age 59-1/2 won't apply, but ordinary income tax will apply to at least some of the withdrawal.

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Q.  

Can a Roth IRA be used for education?

  

A.  Yes, generally under the same terms as traditional IRAs.  Also, ordinary income tax is somewhat less likely, or may be smaller in amount, than with traditional IRAs.

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Q.  

What tax deductions are available for college education?

  

A.  For years 2002-2005, a limited deduction is allowed for higher education tuition and related expenses. For 2004-5, deduction upto $4,000 is allowed on if taxpayer’s (modified) adjusted gross income is $65,000 or less ($130,000 or less on a joint return). If taxpayer’s modified adjusted gross income is more than $65,000 but not more than $80,000 (more than $130,000 but not more than $160,000 on a joint return), deduction is allowed up to $2,000.

Business expense deduction is allowed, without dollar limit, for education that serves the taxpayer’s business, including employment. Deduction is also allowed for student loan interest. A taxpayer may not take more than one deduction for the same item.

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Q.  

What tax benefits are available for Continuing/Adult Education for a sideline hobby? 

  

A.  Not much, if it's not part of a degree or certificate program, and not work-related, the limited deduction (up to $3,000 for tuition and fees) may be your only option. Deduction is available in 2002-5, depending on your income.  Some sideline interests might qualify for exclusion if paid for under an employer-provided education assistance program.

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Q.  

Can I deduct student loan interest?

  

A.  Since personal interest is generally non-deductible, deductions must meet several tests:
  1. You must be the person liable on the debt and the loan must be for
    education only (not an open line of credit).
  2. Your income can't exceed $130,000 on a joint return or $65,000 on a single return; married couples filling separately cannot deduct.
  3. You can't deduct if you're claimed as a dependent.
  4. Deduction ceiling is $2,500.

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Q.  

If I take a home equity loan to pay education expenses, can I deduct
the interest?

  

A.  Yes, as home equity loan interest, not as student loan interest.  In this case there's no income ceiling on your deduction, and certain other student loan limits don't apply.

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Q.  

What tax treatment applies if my student loan debt is canceled?

  

A.  Usually you're taxed on the unpaid loan balance.  But tax can be waived if the debt is canceled because you participate in some approved government or other program.

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Q.  

What's the tax relief for education savings bonds?

  

A.  Interest on redemption of Series EE bonds is tax-exempt if you redeem them in a year you have qualified education expenses. Exemption depends on the amount of your income in the year you redeem the bond.

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Q.  

Must I pay tax on my employer's payment or reimbursement of my education expenses?

  

A.  Maybe not. Up to $5,250 can be tax free. Exemption can apply to graduate level courses. 

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Q.  

Can I take tax deductions for education I pay for that helps me in my work?

  

A.  Yes if it's to maintain or improve skills in your present job. No if it's to meet minimum requirements of that job, or to qualify to enter a new business. Employee's deductions are subject to the 2% floor on miscellaneous itemized deductions. 

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Q.  

What kinds of household workers are covered by nanny tax rules?

  

A.  The worker must do work in or around your home. Examples are baby sitters, nannies, health aides, private nurses, maids, caretakers, yard workers, and similar domestic workers. And the worker must be your employee, which means you can control not only what work is done, but how it is done.

It does not matter whether the work is full time or part time, or that you hired the worker through an agency. On the other hand, if only the worker can control how the work is done, the worker is not your employee, but is
self-employed.

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Q.  

What must I do if I think my worker or worker-to-be isn't a U.S. citizen?

  

A.  It is unlawful for you to knowingly hire or continue to employ an alien who cannot legally work in the United States.

When you hire a household employee to work for you on a regular basis, he or she must complete the employee part of the Immigration and Naturalization Service (INS) Form I-9, Employment Eligibility Verification. You must verify that the employee is either a U.S. citizen or an alien who can legally work here and then complete the employer part of the form. Keep the completed form for your records.

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Q.  

What are my tax duties if I have a household employee?

  

A.  You may need to withhold and pay Social Security and Medicare taxes, or you may need to pay federal unemployment tax, or you may need to do both.
  • If you pay cash wages of $1,400 or more in 2005 to any one household employee, withhold and pay Social Security and Medicare taxes.
  • If you pay total cash wages of $1,000 or more in any calendar quarter of 2005 to household employees, pay unemployment tax.

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Q.  

If I hire teenagers as babysitters or for yard work, must I withhold and pay tax for them?

  

A.  When figuring whether you paid an employee $1,400 or more in 2005—to babysitters or others—you generally don’t count wages paid to an employee who is under age 18 at any time during the year. 

However, you should count these wages if providing household services is the employee's principal occupation.  If the employee is a student, providing household services is not considered his or her principal occupation.

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Q.  

Are there ways to pay my household employee that minimize the employment tax?

  

A.  Wages subject to employment tax do not include the value of food, lodging, clothing, and other non-cash items you give your household employee. However, cash you give your employee in place of these items is included in  wages.

If you reimburse the amount your employee pays to commute to your home by public transit (bus, train, etc.), do not count the reimbursement (up to $105 per month in 2005) as wages.

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Q.  

I'm not sure yet whether I'll pay enough this year to require withholding. What should I do?

  

A.  You should withhold the employee's share of Social Security and Medicare taxes if you expect to pay your household employee Social Security and Medicare wages of $1,400 or more in 2005. 

If you withhold the taxes but then actually pay the employee less than $1,400 in Social Security and Medicare wages for the year, you should repay the employee.

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Q.  

Okay, I've withheld tax on the employee and I owe the employer's share. How do I pay these amounts?

  

A.  You pay withheld taxes as part of your regular income tax obligation.  You don't deposit them periodically. If you make an error by withholding too little, you should withhold additional taxes from a later payment. If you withhold too much, you should repay the employee.

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Q.  

Do I have to reduce the worker's take-home pay by the tax on that pay?

  

A.  If you prefer to pay your employee's Social Security and Medicare taxes from your own funds, you do not have to withhold them from your employee's wages. The Social Security and Medicare taxes you pay to cover your employee's share must be included in the employee's wages for income tax purposes. However, they are not counted as Social Security and Medicare wages or as federal unemployment (FUTA) wages.

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Q.  

In what cases do I owe unemployment tax?

  

A. The federal unemployment tax is part of the federal and state program under the Federal Unemployment Tax Act (FUTA) that pays unemployment compensation to workers who lose their jobs. You may owe only the FUTA tax or only the state unemployment tax, or both. To find out whether you will owe state unemployment tax, contact your state's unemployment tax agency. 

If you pay cash wages to household employees totaling $1,000 or more in any calendar quarter of 2005, the first $7,000 of cash wages you pay to each household employee in 2005 and 2006 is FUTA wages. If you pay less than $1,000 cash wages in each calendar quarter of 2005, but you had a household employee in 2004, the cash wages you pay in 2005 may still be FUTA wages. They are FUTA wages if the cash wages you paid to household employees in any calendar quarter of 2004 totaled $1,000 or more. 

Do not withhold the FUTA tax from your employee's wages. You must pay it from your own funds.

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Q.  

Do I need to withhold federal income tax?

  

A.  You are not required to withhold federal income tax from wages you pay a household employee. You should withhold federal income tax only if your household employee asks you to withhold it and you agree. The employee must give you a completed Form W-4, Employee's Withholding Allowance Certificate. If you agree to withhold federal income tax, you are responsible for paying it to the IRS.

You figure federal income tax withholding on both cash and non-cash wages you pay. Measure non-cash wages by the value of the non-cash item. Do not count as wages any of the following items:

  • Meals provided at your home for your convenience.

  • Lodging provided at your home for your convenience and as a condition of employment.

  • Up to $105 a month in 2005 for bus or train tokens (passes) you give your employee, or in some cases for cash reimbursement you make for the amount your employee pays to commute to your home by public transit.

Any income tax you pay for your employee without withholding it from the employee's wages must be included in the employee's wages for federal income tax purposes. It is also counted as Social Security, Medicare and FUTA wages.

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Q.  

My household employee wants an advance earned income credit payment. What must I do?

  

A.  You must make advance EIC payments if your employee gives you a properly completed Form W-5, Earned income Credit Advance Payment Certificate. Any advance EIC payments you make reduce the amount of Social Security and Medicare taxes and withheld federal income tax you need to pay to the IRS.

You are encouraged to give the employee a notice about the EIC if his or her 2005 wages are less than the amount shown in the instructions to 2005 Form W-5. In certain cases you could be required to give notice, but this requirement is met if you give the employee Copy B of 2000 IRS Form W-2 (which includes a notice) by January 31, 2006.

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Q.  

What federal tax forms must I file if I have a household employee?

  

A.  Form W-2 and Schedule H of Form 1040.  Specifically:
  • A separate Form W-2, Wage and Tax Statement, must be filed for each household employee to whom you pay Social Security and Medicare wages, or  wages from which you withhold federal income tax. Give Copies B, C, and 2 to your employee by January 31st and send Copy A of Form W-2 with Form W-3, Transmittal of Wage and Tax Statements, to the Social Security Administration by February 28th.

  • Use Schedule H (Form 1040), Household Employment Taxes, to report the federal employment taxes for your household employee if you pay the employee Social Security and Medicare wages, FUTA wages, or  wages from which you withhold federal income tax.

  • File Schedule H with your federal income tax return. If you are not required to file a tax return, file Schedule H by itself.

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Q.  

What pieces of paper do I need to keep in order to do my taxes?

  

A.  Keep detailed records of your income, expenses, and other information you report on your tax return. A good set of records can help you save money when you do your taxes and will be your trusty ally in case you are audited.

There are several types of records that you should keep. Most experts believe it’s wise to keep most types of records for at least seven years, and some you should keep indefinitely.

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Q.  

What type of records do I need to keep?

  

A.  Keep records of all your current year income and deductible expenses. These are the records that an auditor will ask for if the IRS selects you for an audit.

Here’s a list of the kinds of tax records and receipts to keep that relate to your current year income and deductions:

  • Income (wages, interest/dividends, etc.)
  • Exemptions (cost of support)
  • Medical expenses
  • Taxes
  • Interest
  • Charitable contributions
  • Child care
  • Business expenses
  • Professional and union dues
  • Uniforms and job supplies
  • Education, if it is deductible for income taxes
  • Automobile, if you use your automobile for deductible activities, such as business or charity
  • Travel, if you travel for business and are able to deduct the costs on your tax return

While you’re storing your current year’s income and expense records, be sure to keep your bank account and loan records too, even though you don’t report them on your tax return. If the IRS believes you’ve underreported your taxable income because your lifestyle appears to be more comfortable than your taxable income would allow, having these loan and bank records may be just the thing to save you.

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Q.  

How long should I keep these records?

  

A.  Keep the records of your current year’s income and expenses for as long as you may be called upon to prove the income or deduction if you’re audited.

For federal tax purposes, this is generally three years from the date you file your return (or the date it’s due, if that’s later), or two years from the date you actually pay the tax that’s due, if the date you pay the tax is later than the due date.

For some states, you should keep your records for four years.

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Q.  

Should I keep my old tax returns? If so, for how long?

  

A.  Yes, keep your old tax returns.

One of the benefits of keeping your tax returns from year to year is that you can look at last year’s return while preparing this year’s. It’s a handy reference, and reminds you of deductions you may have forgotten.

Another reason to keep your old tax returns is that there may be information in an old return that you need later.

One example of information you may need years later is the tax basis of your home. If you sold your home some years ago and replaced it with the one you live in now, you filed a Form 2119 with your old return. On Form 2119, you figured the tax basis of your current home. When you sell your current home, the starting point to find out what your gain (or loss) is comes from the Form 2119 for the old house.

Audits and your old tax returns

Here’s a reason to keep your old returns that may surprise you. If the IRS calls you in for an audit, the examiner will more than likely ask you to bring your tax returns for the last few years. You’d think the IRS would have them handy, but that’s not the way it works. Your old returns are more than likely in a computer, in a storage area, or on microfilm somewhere. Usually what your IRS auditor has is just a report detailing the reason the computer picked your return for the audit. So having your old returns allows you to easily comply with your auditor’s request.

How long should I keep my old tax returns?

You may want to keep your old returns forever, especially if they contain information such as the tax basis of your house. Probably, though, keeping them for the previous three or four years is sufficient.

If you throw out an old return that you find you need, you can get a copy of your most recent returns (usually the last six years) from the IRS. Ask the IRS to send you Form 4506, Request for Copy or Transcript of Tax Form. When you complete the form, send it, with the required small fee, to the IRS Service Center where you filed your return.

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Q.  

What other types of  tax records should I keep?

  

A.  You need to keep some other types of tax records and receipts, because they tell you how much you paid for something that you may later sell.

Keep the following types of records:

  • Records of capital assets, such as coin and antique collections, jewelry, stocks, and bonds.
  • Records regarding the purchase and improvements to your home.
  • Records regarding the purchase, maintenance, and improvements to your rental or investment property.

How long should I keep these records? You need to keep these records as long as you own the item so you can prove the cost you use to figure your gain or loss when you sell the item.

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Q.  

Are there any non-tax records  I should keep?

  

A.  There are other records you should keep, even though they don’t appear to have any use for your tax returns. Here are a few examples:
  • Insurance policies, to show whether you were to be reimbursed in case you suffer a casualty or theft loss, have medical expenses, or have certain business losses.
  • Records of major purchases, in case you suffer a casualty or theft loss, contribute something of value to a charity, or sell it.
  • Family records, such as marriage licenses, birth certificates, adoption papers, divorce agreements, in case you need to prove change in filing status or dependency exemption claims.
  • Certain records that give a history of your health and any medical procedures, in case you need to prove that a certain medical expense was necessary.
  • These categories are the most universal and should cover most of your recordkeeping needs. Everyone’s needs are unique, however, and there may be other records that are important to you. Skimming through our Tax Library Index might highlight other categories that apply to you.

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Q.  

What kind of recordkeeping system do I need?

  

A. Unless you own or operate your own business, partnership, or S corporation, recordkeeping does not have to be fancy.

Your recordkeeping system can be as casual as storing receipts in a box until the end of the year, then transferring the records, along with a copy of the tax return you file, to an envelope or file folder for longer storage.

To make it easy on yourself, you might want to separate your records and receipts into categories, and file them in labeled envelopes or folders. It’s also helpful to keep each year’s records separate and clearly labeled.

If you have your own business, or if you’re a partner in a partnership or an S corporation shareholder, you might find it valuable to hire a bookkeeper or accountant.

Do you contribute to charity?

If you donate to a charity, you must have receipts to prove your donation.

A canceled check will often be sufficient, unless you make a single donation of $250 or more, in which case, you must have a receipt from the charity that shows the date, the amount you donated, and other specific information about the contribution.

Besides deducting your cash and non-cash charitable donations, you can also deduct your mileage to and from charity work. If you deduct mileage for your charitable efforts, keep detailed records of how you figured your deduction.

Are you employed by someone else?

If you work for someone else and spend your own money on company business, keep good records of your business expense receipts. You will need these records to either get a reimbursement from your employer or to prove business-related deductions that you take on your taxes.

Do you have income from tips?

If you make tips from your job, the hand of the IRS reaches here too, and if you are ever audited, the IRS will be interested in records of how much you made in tips.

Do you own property?

If you own property, be particularly careful to keep receipts or some other proof of all your expenses, especially for repairs and improvements.

Do you hire domestic workers?

It’s important to keep accurate information about who works for you, including nannies and housekeepers, when and where they worked for you, and how much you paid them for the work.

Do you have a business?

If you have a business, you must keep very careful records of all your business expenses, including vehicle mileage, entertainment expenses, and travel expenses.

If you have a business, just because you have cash in your pocket doesn’t mean you’re in the black on the books. Keeping up-to-date records of all transactions and costs will not only help you tax wise, it will tell you if your business is actually profitable.

Do you travel for your business?

If you travel for business, keep good receipts and logs of all your travel expenses, including those for meals and entertainment. You will need this information whether you work for yourself or for someone else.

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Q.  

What would I use an annuity for?

  

A.  The two primary reasons to use an annuity as an investment vehicle are:
  1. To save money for a long-range goal, and/or
  2. To produce a guaranteed stream of income for a certain period of time.

Annuities lend themselves particularly well to funding retirement and, in certain cases, education costs.

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Q.  

What types of annuity are available?

  

A.  You can purchase a single-premium annuity, in which the investment is made all at once (perhaps using a lump sum from a retirement plan payout).

With the flexible-premium annuity, the annuity is funded with a series of payments. The first  payment can be quite small.

The immediate annuity starts payments right after the annuity is funded. It is usually funded with a single premium, and is usually purchased by retirees with funds they have accumulated for retirement.

With a deferred annuity, payouts begin many years after the annuity contract is issued.  Deferred annuities are used as long-term investment vehicles by retirees and non-retirees alike. They are used in tax-deferred retirement plans and as individual tax-sheltered annuity investments. They may be funded with a single or flexible premium.

With a fixed annuity contract, the insurance company puts your funds into conservative fixed income investments such as bonds. Your principal is guaranteed as is a certain minimum rate of interest. The fixed annuity is a good choice for investors with a low risk tolerance and a short-term investing time horizon. The growth that will occur will be relatively low.  

The variable annuity, which is considered to carry with it higher risks than the fixed annuity—about the same risk level as a mutual fund investment— gives you the ability to choose how to allocate your money among several different managed funds. There are usually three types of funds: stocks, bonds, and cash-equivalents. Unlike the fixed annuity, there are no guarantees of principal or interest. However, the variable annuity does benefit from tax deferral on the earnings. You can switch your allocations from time to time for a small fee or sometimes for free.

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Q.  

What are my options for collecting my annuity?

  

A.  There are many options for collecting your annuity:

Fixed Amount gives you a fixed monthly amount—chosen by you—-that continues until your annuity is used up. The risk of using this option is that you may live longer than your money lasts. If you die before your annuity is exhausted, your beneficiary gets the rest.

Fixed Period pays you a fixed amount over the time period you choose. For example, you might choose to have the annuity paid out over ten years. If you are seeking retirement income before some other benefits start, this may be a good option. If you die before the period is up, your beneficiary gets the remaining amount.

Lifetime Or Straight Life payments continue until you die. There are no payments to survivors. The life annuity gives you the highest monthly benefit of the options listed here. The risk is that you will die early, thus leaving the insurance company with some of your funds.

Life With Period Certain gives you payments as long as you live (as does the life annuity) but with a minimum period during which you or your beneficiary will receive payments, even if you die earlier than expected. The longer the guarantee period, the lower the monthly benefit.

Installment-Refund pays you as long as you live and guarantees that, should you die early, whatever is left of your original investment will be paid to a beneficiary.

Joint And Survivor. In one joint and survivor option, monthly payments are made during the annuitants' joint lives, with the same or a lesser amount paid to whoever is the survivor. In the option typically used for retired employees, monthly payments are made to the retired employee, with the same or a lesser amount to the employee's surviving spouse or other beneficiary. In this case, the spouse's (or other co-annuitant's) death before the employee won't affect what the survivor employee collects. The amount of the monthly payments depends on the annuitants' ages, and whether the survivor's payment is to be 100% of   the joint amount or some lesser percentage.

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Q.  

How should I shop for an annuity?

  

A.  Although annuities are issued by insurance companies, they may be purchased through banks, insurance agents, or stockbrokers.

Caution CAUTION: If you purchase through such a "middle-man," you will pay a commission ("load") of from 3% to 8% of your investment. The commission reduces the return you  can get on your investment. Some insurance companies sell "no-load" annuities directly to the investor, so all of your money earns income.

Check Out The Insurer. Make sure that the insurance company offering it is financially sound. Annuity investments are not federally guaranteed, so the soundness of the insurance company is the only assurance you can rely on. Several services rate insurance companies.

Compare Contracts. 

  • For immediate annuities: Compare the settlement options. For each $1,000 invested, how  much of a monthly payout will you get? Consider the interest rate and any  penalties and charges.
  • For deferred annuities: Compare the rate, the length of guarantee period, and a five-year history of rates paid on the contract, not just the interest rates.
  • For variable annuities: Check out the past performance of the funds involved.

If a particular fund has a great track record, ascertain whether the same management is still in place. Although past performance is no guarantee, consistent management will grant you better odds.

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Q.  

What are the added or hidden costs in buying an annuity?

  

A.  These are the most important items:

Sales Commission

Ask for details on any commissions you will be paying. What percentage is the commission? Is the commission deducted as a front-end load? If so, your investment is directly reduced by the amount of the commission. A no-load annuity contract, or at least a low-load contract, is the best choice.

Surrender Penalties

Find out the surrender charges (that is, the amounts charged for early withdrawals). The typical charge is 7% for first-year withdrawals, 6% for the second year, and so on, with no charges after the seventh year.

TIP TIP: Be sure the surrender charge "clock" starts running with the date your contract begins, not with each new investment.

Other Fees and Costs

Ask about all other fees. With variable annuities, the fees must be disclosed in the prospectus. Fees lower your return, so it is important to know about them. 

Fees might include:

  • Mortality fees of 1 to 1.35% of your account (protection for the insurer in case you live a long time),

  • Maintenance fees of $20 to $30 per year, and

  • Investment advisory fees of 0.3% to 1% of the assets in the annuity’s portfolios.

Other considerations

Some annuity contracts offer "bail-out" provisions that allow you to cash in the annuity if interest rates fall below a stated amount without paying surrender charges.

There may also be a "persistency" bonus which rewards annuitants who keep their annuities for a certain minimum length of time. 

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Q.  

How do life annuities differ from life insurance?

  

A. While traditional life insurance guards against "dying too soon," an annuity, in essence, can be used as insurance against "living too long." With an annuity, you will receive in return a series of periodic payments that are guaranteed as to amount and payment period. Thus, if you choose to take the annuity payments over your lifetime (there are many other options), you will have a guaranteed source of "income" until your death.

If you "die too soon" (that is, you don't outlive your life expectancy), you will get back from the insurer far less than you paid in. On the other hand, if you "live too long" (and do outlive your life expectancy), you may get back far more than the   cost of your annuity (and the resultant earnings). By comparison, if you put your funds into a traditional investment, you may run out of funds before your death.

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Q.  

What's the downside to buying an annuity?

  

A. You cannot get to your money during the growth period without incurring taxes and penalties. The tax code imposes a 10% premature-withdrawal penalty on money taken out of a tax-deferred annuity before age 59-1/2 and insurers impose penalties on withdrawals made before the term of the annuity is up. The insurers’ penalties are termed "surrender charges," and they usually apply for the first seven years of the annuity contract.

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Q.  

What's the tax on payouts from a qualified plan or IRA annuity?

  

A. A tax-qualified annuity is one used to fund a qualified retirement plan, such as an IRA, Keogh plan, 401(k) plan, SEP (simplified employee pension), or some other retirement plan. 

  1. Any non-deductible or after-tax amount you put into the plan is not subject to income tax  when withdrawn, and
  2. The earnings on your investment are not taxed until withdrawal.

If you withdraw money before the age of 59-1/2, you may have to pay a 10% penalty on the amount withdrawn in addition to the regular income tax. One of the exceptions to the 10% penalty is for taking the annuity out in equal periodic payments over the rest of your life.

Once you reach age 70-1/2, you will have to start taking withdrawals in certain minimum amounts specified by the tax law (with exceptions for Roth IRAs and for employees still working after age 70-1/2).

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Q.  

Is it a good idea to buy annuities for my IRA or qualified plan?

  

A.  Though this is sometimes done, no tax advantage is gained by putting annuities in such a plan since qualified plans and IRAs as well as annuities are tax-deferred.  It might be better, depending on your situation, to put other investments, such as mutual funds, in IRAs and qualified plans, and hold annuities in your individual account.

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Q.  

What's the tax on payout of an annuity bought as an investment?

  

A. Such an annuity is purchased with after-tax dollars. You still get the benefit of tax deferral on the earnings. However,  you pay tax on the part of the withdrawals that represent earnings on your original investment. 

If you make a withdrawal before the age of 59-1/2, you will pay the 10% penalty only on the portion of the withdrawal that represents earnings. You are not obliged to start withdrawals at age 70-1/2 or any other age.

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Q.  

What tax must my beneficiaries or heirs pay if my annuity continues after my death?

  

A. Taxes may apply to your beneficiary (the person you designate to take further payments) or your heirs (your estate or those who take through the estate if you didn't designate a beneficiary). 

Income tax. Annuity payments collected by your beneficiaries or heirs are subject to tax on the same principles that would apply to payments collected by you. Exception: There's no 10% penalty on withdrawal under age 59-1/2 regardless of the recipient's age, or your age at death. 

Estate tax. The present value at your death of the remaining annuity payments is an asset of your estate, and subject to estate tax with other estate assets. Annuities passing to your surviving spouse or to charity would escape this tax.

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