Convert To Roth Ira Regardless Of Income ? 2010

An odd quirk in the recent legislation to extend the Bush Tax Cuts is giving IRA holders a huge break. For one year, and one year only, the income cap will be gone.

Convert To Roth IRA Regardless of Income ? 2010

2010 may seem like a long way off, but something magical is going to happen then if you prepare for it. The recent legislation extending the Bush tax cuts contains a unique clause regarding the Roth IRA. Specifically, it contains language that makes the Roth IRA available to anyone regardless of their income, but only for one year.

A Roth IRA is a retirement account that offers a lot of advantages. The primary advantage is found in the distributions from the account. Simply put, they are tax free if a couple of requirements are met. First, the distributions must be made after you pass the age of 59 years and six months. Second, you must have owned the Roth IRA for at least five years. If you meet this test, the money is yours free and clear including all the gains you have made from your investments over the years.

The only criticism of Roth IRAs has to do with income caps. Simply put, a person with a modified gross adjusted income of $100,000 or more cannot convert an existing IRA to a Roth. While many people fall below this income cap, those that were just over it certainly have had a beef.

In an effort to extend his tax cuts, the President agreed to a number of oddities in the new tax legislation. One of the strange clauses is a single year cap exemption. In 2010, the income cap of $100,000 will not apply to the Roth IRA. Put in simple terms, you can convert to a Roth in 2010 regardless of how much you make. You can only do it in 2010, not 2009 or 2011.

There appears to be no reason why the politicians would create a one year exemption to the Roth IRA income cap. It certainly seems a bit fishy, but you might as well take advantage of it. While 2010 seems far off in the future, it gives you time to plan any conversion. Remember, if you convert a traditional IRA to a Roth, you must pay taxes on the moved money. If at all possible, you will want to do this with cash you save between now and then. The more money you can cram into a Roth, the better off you will be in the end.

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Savings Accounts - Professional Advice

When it comes to savings, you may well find yourself daunted by the sheer variety of ways to invest your money. Particularly if you find yourself with a substantial amount to invest, and are less than confident at dealing with things like the stock market, bonds and trusts, you're likely to gain from professional expertise. The main issue here is trust ? you want to be sure your money is being used to its full potential and whoever you entrust it to must be someone you have total confidence in.

If you have a basic understanding of how savings and investments work, however, it will be a lot easier to make judgements about the reliability and efficiency of individual advisers.

Independent Financial Advisers

Usually you will not be charged for general advice, but the adviser will gain commission when he or she sells you particular products. Don?t be afraid to ask about commissions ? a good adviser should be open and transparent about such matters. They are duty bound to find out all relevant information about you and then give ?best advice? ? which means selling you the products that are most suitable for your situation.

Accountants

Accountants normally advise on book keeping and tax, but sometimes also give advice about investments. If involved with investing, they must belong to one of the Recognised Professional Bodies responsible for regulating their business. These include the Institute of Chartered Accountants and the Association of Chartered Certified Accountants.

Stockbrokers

If you are dealing on the stock market, you will need to buy and sell your shares through a broker. If you want advice on your investments, choose a traditional stockbroker. On the other hand, there are brokers that offer a dealing-only service, and this is a cheaper way to buy and sell shares. Stockbrokers charge a commission on deals, and a traditional brokers service should include advice. provides detailed advice and ways to locate a broker.

The Financial Services Authority regulates all these professionals ? if you are unsure about the credentials or dealings of someone check with them to verify that they are legitimate and are operating fairly. The FSA website also has details of what to do if you are unhappy with the service you've received from a finance professional ? check . Once again, the government's advice site has sound information on the basic principles ? and links to other information sites.

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Time Requirements And Mechanics Of A Tax Exchange

The Exchangor has a maximum of 180 days from the closing of the relinquished property or the due date of that year's tax return, whichever occurs first, to acquire the replacement property. This is called the Acquisition Period. The first 45 days of that period is called the Identification Period. During this 45 days, the Exchangor must identify the candidate or target property which will be used for replacement. The identification must:

- Be in writing,
- Signed by the Exchangor, and,
- Received by the facilitator or other qualified party (faxed, postmarked or otherwise identifiably transmitted through Federal Express or other dated courier service).

This must all occur within the 45-day period. Failure to accomplish this identification will cause the exchange to fail.

Identification

Three rules exist for the correct identification of replacement properties.

1) The Three Property Rule dictates that the Exchangor may identify three properties of any value, one or more of which must be acquired within the 180-Day Acquisition Period.

2) The Two Hundred Percent Rule dictates that if four or more properties are identified, the aggregate market value of all properties may not exceed 200% of the value of the relinquished property.

3) The Ninety-five Percent Exception dictates that in the event the other rules do not apply, if the replacement properties acquired represent at least 95% of the aggregate value of properties identified, the exchange will still qualify.

As a caveat it should be mentioned that these identification rules are absolutely critical to any exchange. No deviation is possible and the Internal Revenue Service will grant no extensions.

* Ironically, although only approximately 3-5% of exchanges are audited, the few exchanges which don't pass upon audit typically fail because of discrepancies in identification.

Mechanics of a Delayed Exchange

It is important that any exchange be carefully planned with the help of an experienced, competent and creative exchange professional. Preferably one who is completely familiar with the tax code in general, not just Section 1031, and who has extensive experience in doing many different kinds of exchanges. Thorough planning can help avoid many subtle exchanging pitfalls and also ensure that the Exchangor will accomplish the goals which the transaction is intended to facilitate.

Once the planning is complete, the exchange structure and timing are decided, and the relinquished property is sold and the transaction is closed, the facilitator becomes the repository for the proceeds of the sale. The money is kept in the facilitator's secured account until the replacement property is located and instructions are received to fund the replacement property purchase.

The funds are wired or sent to the closing entity in the most appropriate and expeditious manner, and the replacement property is purchased and deeded directly to the Exchangor. All the necessary documentation to clearly memorialize the transaction as an exchange is provided by the facilitator, such as exchange agreement, assignment agreement and appropriate closing instructions.

Partnership Exchanges and IRC ?1.761-2(a) Elections

The Tax Reform Act of 1984 made it very clear that partnership interests cannot be exchanged and qualify for deferred gain treatment under IRC Section1031. The regulations also interpret no difference between general partnership interests or limited partnership interests. Although actual partnerships can exchange with other partnerships under Section1031, the exchange of an individual interest is prohibited.

However, the Omnibus Budget Reconciliation Act of 1990 did amend IRC Section1031 to incorporate the use of IRC Section1.761-2(a), Election of Partnerships to not be treated under Subchapter K of Chapter 1 of the Code, for the purposes of taxation. This means that Section1.761-2(a) can potentially provide an avenue to utilize Section1031 to those investors currently owning partnership interests.

So, how does an election under Section1.761-2(a) provide a benefit to the typical investor? Well, if every individual or entity within a partnership, elects to have his individual interest treated as his own real property interest, similar to a tenant in common interest, then that individual interest can qualify to be exchanged under Section1031. And since that partnership interest can qualify for deferred gain treatment, the amount realized from the sale of that interest can be used to acquire any qualifying replacement property.

Therefore, an interest from a partnership in which all partners have made individual elections under Section1.761-2(a) can be exchanged for any other property. And, there is no requirement that the investor exchange into replacement properties with his or her previous partners, only that the exchange be used for investment purposes only and not for the active conduct of a business.

Also, the converse of the above Section1.761-2(a) situation is possible. It is permissible for a partnership to acquire a property and elect to have the partnership interests treated as individual real property interests for taxation purposes, at the time of purchase. Therefore, as seen in some sophisticated transactions, particular partnerships which have already elected under Section1.761-2(a) may be established for the sole purpose to solicit investments from other partners exchanging out of one partnership (with the benefit of Section1.761-2(a)) into the new entity. This process enables the Exchangor to exchange out of one previously non-qualifying exchange investment into one which provides little or no management and superior cash flow or other benefits.

This strategy can also be used for business assets. In both cases, however, it is important to outline the goals and objectives of all parties involved in the exchange.

It should be noted that in every case involving an election under Section1.761-2(a), it is critical to evaluate the status of your election and exchange with the advice of a qualified tax professional. They will relate your situation to specific Internal Revenue Letter Rulings and other interpretations, which could assist in the strategic structuring of your transaction.

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The Medical Expense Deduction

The Basics

According to the IRS, ?if you itemize your deductions on Form 1040, Schedule A, you may be able to deduct expenses you paid that year for medical care (including dental) for yourself, your spouse, and your dependents. A deduction is allowed only for expenses primarily paid for the prevention or alleviation of a physical or mental defect or illness. Medical care expenses include payments for the diagnosis, cure, mitigation, treatment, or prevention of disease, or treatment affecting any structure or function of the body. The cost of drugs is deductible only for drugs that require a prescription, except for insulin.?

7.5% Rule

To qualify for the medical expense deduction your total expenses need to total at least 7.5% of your adjusted gross income. This includes any qualifying expenses that you incurred during the tax year, regardless of when the medical services were provided.

Spouse, Children, and Dependents

In addition to your own medical payments, you can also deduct expenses paid for your spouse, children, and dependents. You can deduct the expenses for a dependent even if you are not able to claim them as an exemption on your current tax return. In order to be eligible, the person must qualify as your dependent at the time you paid for their medical expenses.

Travel Costs

One of the most frequently forgotten parts of calculating medical expense deductions are travel costs. The IRS allows you to deduct all expenses related to traveling to and from medical treatments using the standard mileage rate for the year.

Allowable Expenses

The IRS has a whole list of allowable expenses. To view the list download IRS Publication 502.

Claiming the Deduction

When you prepare your federal income tax return you will want to include your total medical expenses (as long as they exceed 7.5% of your adjusted gross income) on Schedule A of your IRS Form 1040.

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Irs Continues To Help Hurricane Katrina Victims

The IRS is often bashed as being unfriendly to taxpayers. In many cases, this reputation is deserved. In relation to Hurricane Katrina victims, it is certainly not.

As is well-known by now, the federal government did its best Keystone Cops imitation following Hurricane Katrina. Frankly, the action or lack thereof was disgraceful. It is somewhat ironic given this fact that one government agency acted swiftly, effectively and with common sense to help the victims of the tragedy. To the surprise of many, that agency was the IRS.

You might wonder how the IRS could possibly help those devastated by the hurricane? In a number of ways. The first step taken by the agency was to extend all tax deadlines out by a year or more. The agency also temporarily terminated all federal gas taxes on diesel fuel in an effort to provide relief to the fuel shortage. What many do not understand is some of these 'dirty diesel? taxes effectively bar the use of such fuel by trucks. By waving the tax, the IRS opened up an entirely new fuel source to help get trucks moving again.

The IRS then took the extraordinary step of trying to educate taxpayers on how they could claim their losses from the hurricane on previously filed tax returns by amending those returns. Yes, the IRS effectively taught people how to go back and pull large amounts from their previously filed tax returns and how to do so quickly. This, of course, put money in their pockets within 30 to 60 days, which compares favorably to FEMA and the rest of the federal government efforts.

Two years after Hurricane Katrina, it would be reasonable to expect the IRS to view the events as being at an end. This, of course, would lead to a situation where victims of the hurricane are required to get back on the tax horse if you will. In truth, the IRS continues to show surprising compassion and flexibility.

The agency has just announced it is extending by one calendar year the time victims of Hurricane Katrina have to sell off vacant land and avoid paying a tax on the gains. The normal time period is two years, which is a rather lengthy period. Given the devastation and slow state of reconstruction in the Gulf region, the IRS is displaying what many did not foresee ? compassion. If it continues to take steps like this, it might just ruin its reputation!

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Accounting Trends

The accounting industry is dynamic even with the occurrence of economic downturns in some parts of the world. It is safe to conclude that the services of an accounting professional is required since new business establishments are established daily. There have been projections for an increased demand for accounting professionals such as bookkeepers, auditors, accountants and tax specialists in the next 3 to 5 years. An additional 20% on top of the ones that are already practicing is needed to cope up with the increasing demands. Annually, accounting trends vary as brought about by government regulations, advanced technology, new laws, tax season and new business that are set-up.
Numerous accounting software makes tasks more bearable for bookkeepers but there is still a need for different accounting professionals. Tax issues are significant to business hence the requirement for the services of a tax specialist. Filing of IRS and other tax reports must always comply with the latest state and federal regulations. Professionals who are knowledgeable in advance accounting softwares are in demand since technology increases the efficacy of a monotonous accounting system. Online services that can handle multiple accounting transactions for a company is now in mode and available. There is also the trend of doing home accounting so one can keep track of expenses incurred by a household. To be more cost-efficient, income earners can do their personal accounting using different softwares available in the market. Firms prefer accounting professionals who are familiar with enterprise resource planning and posses soft skills in negotiating and interpersonal communication. The days of accountants herded in a room pushing paper have become obsolete. The new breed of accountants are not only figure savvy but also good in making presentations.
Another accounting trend that must be considered is the changing landscape of hiring global workers. Business process outsourcing is the trend so that a company can be cost-efficient as it hires personnel abroad at affordable rates. The basic requirement for those who want to get projects is to update one's self with different accounting procedures such as GAAP or IFRS to adopt to the country that needs such reports. The trend is leaning towards IFRS which has been adopted by more countries nowadays including India and China. and furthermore, it is a definite advantage that an accountant has gainful knowledge of the use of spreadsheet applications.

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The History Of Income Tax

They say death and taxes are the only two certain things in life. Alas, this wasn?t always the case. Well, at least for the income tax.

The History of Income Taxes

Our great nation came into existence in fits and starts. Following the revolt against the British, a federal government was elected and the fun began. This ?fun? inevitably led to the situation where not everyone could agree on what the United States should stand for, much less what laws should be enacted. As a result, there was no federal income tax for nearly 100 years. Ah, the good ole days!

If there was no income tax during this period, you are probably wondering how the government functioned. It did so by collecting use and sales taxes. Taxes were charged on liquor, tobacco and imports to mention just a few. Many people in our modern society would like to return to just such a system.

Contrary to popular notions, the first income tax was not put into law in the early 1900's. In fact, the first President to institute an income tax was Abraham Lincoln. In 1861, President Lincoln and Congress passed an income tax law to assist with funding the Civil War with the south. When the war came to an end, the tax was phased out. Imagine a tax being phased out now? That should bring a tear of laughter to your eye.

The income tax as we know it was first instituted in 1913. Congress passed a law establishing a graduated tax rate of one to seven percent on all income taxes. I can say honestly and truthfully that I would kill to pay one percent in taxes these days. Heck, I am willing to take on the burden of paying seven percent!

In establishing the income tax system, the Constitution was amended to add a 16th Amendment. This Amendment gave the federal government the right to collect taxes. The politicians primarily responsible for this were President Roosevelt and President Taft. I mention two Presidents because the bitter debate over the subject took some time to work out.

If you're looking to blame a particular political party, Presidents Roosevelt and Taft were both Republicans. Of course, the Democrats haven?t exactly made much of an effort to repeal the tax, so both parties deserve a whack upside the head in my opinion. Nonetheless, this is how we came to be burdened by the income tax in the United States.

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Figuring Out Tax Consequences Of Mortgage Debt Forgiveness

To say it has been a rough few years in the housing market is like saying there was a small party in New Orleans after the Saints won the Super Bowl. The housing bubble didn't burst. It blew up like a hydrogen bomb. Unfortunately, this has resulted in many people losing their homes through foreclosure or short sales. Both events have tax consequences.

The pure strangeness of the federal tax code has been commented on repeatedly by many people. Perhaps no where is it stranger than when considering how to handle debt that is forgiven. How so? Well, the tax code is set up in such a way that it considers the relief of debt as...income. Yes, you read that right. If I owe $100,000 on my home and short sell it for $50,000 less than what I owe, I technically have a gain of $50,000 on my income and must pay taxes on it.

Now the government has recognized that most people are in bad shape if they lose their homes. As a result, they've come up with a bit of legislation that helps people avoid the income tax consequences of mortgage debt forgiveness for the years 2007 through 2012. The legislation is known as the Mortgage Forgiveness Debt Relief Act of 2007.

The process works fairly simply. You can avoid paying income tax on up to one million dollars in mortgage debt forgiven as a single individual or two million as a married couple. The debt must be applicable to your primary home. It applies to the money used to buy or build the home. It also applies to any refinance debt that was used to improve the home. Refinance money that was used for other purposes is not covered.

To claim the exemption, you need to fill out Form 982. You should also receive a 1099-C from the lender in question. Make sure you check it closely to affirm that the numbers reported are correct.

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