The Internal Revenue Service today issued the 2012 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2012, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 55.5 cents per mile for business miles driven
• 23 cents per mile driven for medical or moving purposes
• 14 cents per mile driven in service of charitable organizations

The rate for business miles driven is unchanged from the mid-year adjustment that became effective on July 1, 2011. The medical and moving rate has been reduced by 0.5 cents per mile.

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.

These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical or charitable expense are in Rev. Proc. 2010-51.

Notice 2012-01 contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan.

WASHINGTON — For tax year 2012, personal exemptions and standard deductions will rise and tax brackets will widen due to inflation, the Internal Revenue Service announced today.

By law, the dollar amounts for a variety of tax provisions, affecting virtually every taxpayer, must be revised each year to keep pace with inflation. New dollar amounts affecting 2012 returns, filed by most taxpayers in early 2013, include the following:

• The value of each personal and dependent exemption, available to most taxpayers, is $3,800, up $100 from 2011.
• The new standard deduction is $11,900 for married couples filing a joint return, up $300, $5,950 for singles and married individuals filing separately, up $150, and $8,700 for heads of household, up $200. Nearly two out of three taxpayers take the standard deduction, rather than itemizing deductions, such as mortgage interest, charitable contributions and state and local taxes.
• Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, for example, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $70,700, up from $69,000 in 2011.

Credits, deductions, and related phase outs.

• For tax year 2012, the maximum earned income tax credit (EITC) for low- and moderate- income workers and working families rises to $5,891, up from $5,751 in 2011. The maximum income limit for the EITC rises to $50,270, up from $49,078 in 2011.The credit varies by family size, filing status and other factors, with the maximum credit going to joint filers with three or more qualifying children.
• The foreign earned income deduction rises to $95,100, an increase of $2,200 from the maximum deduction for tax year 2011.
• The modified adjusted gross income threshold at which the lifetime learning credit begins to phase out is $104,000 for joint filers, up from $102,000, and $52,000 for singles and heads of household, up from $51,000.
• For 2012, annual deductible amounts for Medical Savings Accounts (MSAs) increased  from the tax year 2011 amounts; please see the table below.

The $2,500 maximum deduction for interest paid on student loans begins to phase out for a married taxpayers filing a joint returns at $125,000 and phases out completely at $155,000, an increase of $5,000 from the phase out limits for tax year 2011. For single taxpayers, the phase out ranges remain at the 2011 levels.

Estate and GiftFor an estate of any decedent dying during calendar year 2012, the basic exclusion from estate tax amount is $5,120,000, up from $5,000,000 for calendar year 2011. Also, if the executor chooses to use the special use valuation method for qualified real property, the aggregate decrease in the value of the property resulting from the choice cannot exceed $1,040,000, up from $1,020,000 for 2011.

The annual exclusion for gifts remains at $13,000.

Other Items

• The monthly limit on the value of qualified transportation benefits exclusion for qualified parking provided by an employer to its employees for 2012 rises to $240, up $10 from the limit in 2011. However, the temporary increase in the monthly limit on the value of the qualified transportation benefits exclusion for transportation in a commuter highway vehicle and transit pass provided by an employer to its employees expires and reverts to $125 for 2012.
• Several tax benefits are unchanged in 2012. For example, the additional standard deduction for blind people and senior citizens remains $1,150 for married individuals and $1,450 for singles and heads of household.

Details on these inflation adjustments can be found in Revenue Procedure 2011-52, which will be published in Internal Revenue Bulletin 2011-45 on November 7, 2011.

It’s the difference between what individuals and businesses should pay and what they actually do pay. After adjusting for late payments and enforcement actions by the IRS, the “net tax gap” is estimated to be approximately $290 billion a year.

With the federal budget suffering from massive deficits, closing the net tax gap and collecting those additional funds has become a priority.

In IRS jargon, failing to pay your tax liability — the amount you owe — is called “non-compliance”. There are three types of non-compliance that cause the tax gap:

• Underreporting of one’s tax liability by inflating your expenses or failing to report a portion of your income.
• Underpayment of one’s  tax liability by not sending the IRS the full amount you owe when its due.
• Non-filing of one’s return and failure to make any kind of payment towards what you owe. 

Underreporting is estimate to account for 82 percent of the net tax gap. Across all three types of non-compliance, businesses account for 70 percent. To address this situation, 1099 filing requirements have been expanded.

To read the rest of the article, please go to http://bit.ly/9YbwEu.

A new video on the Small Business section of the IRS Video Portal looks at how good recordkeeping can reduce stress at tax time.  Check it out here: http://bit.ly/cQ2qFP

There is one limit for loans used to buy, build, or substantially improve a residence — called home acquisition debt. There is another limit for loans secured by a qualified residence but used for other purposes — called home equity debt. Internal Revenue Code Section 163(h) (3) provides guidance for the limitations on the home mortgage interest deduction.

The law allows taxpayers to deduct interest on two categories of indebtedness secured by their residences. Acquisition indebtedness is used to acquire, construct, or substantially improve a residence, and cannot exceed $1,000,000. Home equity indebtedness is any debt other than acquisition indebtedness and cannot exceed $100,000.

To read the rest of the article, please go to http://bit.ly/bZr9WU.

As a small business, you’re already overwhelmed. You run your business, take care of your employees, manage your client relationships, and focus on your services or products. Where does keeping track of IRS changes for small business taxes fit into your schedule?

One of the major obstacles for small business owners is knowing and understanding tax law because of its ever-changing nature and the amount of time it takes to stay on top of it. Startups in particular experience quite the shock when the full scale of their tax requirements becomes clear.

In addition to the federal income tax, businesses also face various types of state and local taxes, including income, franchise and/or sales taxes. If they have employees, they must deal with payroll taxes – including payments and information filings to the government and their employees.

Many businesses also face specific excise taxes. Even the type of business entity you’ve chosen (sole proprietor, partnership, LLC) affects your taxes. Too often, small businesses overlook important details or misfile some of these tax responsibilities.

Some important reminders:

• Keep good records
• Plan for paying taxes throughout the year, set aside the funds you’ll need before they come due
• Make sure you classify your employees properly – classifying employees as contractors leads to trouble
• Follow the IRS guidelines carefully to avoid potential fines and penalties

There are many tools out there attempting to assist small business owners track required activities. The IRS publishes a small business tax calendar every year (here’s the link to the handy interactive copy of the tax calendar online). You can also subscribe to the tax calendar in your outlook calendar.

As a small business owner, you’re probably a do-it-yourselfer, after all, there’s lots of software packages available for tax filing. However, if maneuvering the gauntlet of allowable deductions and proper filing for maximizing your tax reductions is daunting, it might be smarter to focus on what you do best and hire a professional who specializes in small businesses to prepare your taxes. Especially as small business taxes are never one-time shots, a tax professional can keep track of the constant deadlines and requirements for you.

1. Every disaster needs a new tax law…apparently.

We, like the rest of the world, were saddened by the tragedy of the Haiti earthquake, and, like so many, were inspired to donate what we could. As accountants, however, we also realized this created a new issue for the upcoming tax season. They do make tax planning a challenge. For an analysis of deducting Haiti donations made in 2010 on your 2009 tax return, look at page 3 of our newsletter. This is hot off the government presses and doesn’t apply to any of the other worthwhile causes out there.

2. Another developing issue: if you’ve worked diligently with your attorney to develop an estate plan, congratulations, that plan may now be useless — at least for the time being.

As of January 1, 2010 the estate tax has been temporarily repealed. Don’t worry, though; it comes back as of January 1, 2011. Congress may extend the tax retroactively, but who knows. You may want to contact your attorney to see if a fix to your plan is warranted.

There may be more retroactive tax laws to follow, so stay tuned!

On a more positive note, wouldn’t it be nice if the Kansas Legislature actually considered and passed a repeal of the Kansas Income Tax? I understand that other taxes would be expanded to cover the shortfall, but I am growing tired of Kansans moving to Texas, Florida or Nevada to avoid the Kansas Income Tax. Even boring accountants can dream.

It comes as no surprise that blindly following tax advice from a software program, an inexperienced tax preparer, a Google search or worse, a know-it-all friend or acquaintance, can be just as dangerous. 

At least the GPS tells you that you are “assuming all risks” when you start up the device.  Signing your tax return also means you are “ASSUMING ALL RISKS.”  If there is an error, you pay all of the tax, interest and penalties.  Drawing the attention of the IRS is never pleasant.

The tax laws are much more complex and confusing than simply finding a location on a map.  Alternative minimum tax, taxation of social security benefits, tax credits, phase outs all are examples of thinks not appearing as they seem.  Rules of thumb are now extinct when it comes to taxes.  Laws changing every year and sometimes multiple times a year means last years good advice may be this year’s bad advice.

Sometimes you just need to ask for directions.  When navigating dangerous terrain, also known as the Internal Revenue Code, use a guide that has the experience and continuous training to get you home safely.  An experienced and licensed tax advisor is invaluable.

Steve

Mileage: If you drive your personal car or truck for business and opt to deduct costs based on the IRS standard mileage rate (rather than your actual costs), note that the rate for 2010 is much lower than it had been for 2009. The 2010 rate is 50 cents per mile, down from 55 cents per mile in 2009.

New vehicle purchase: If you purchase a new vehicle in 2010, the IRS has yet to announce depreciation limits (these probably will not be available until February). Based on projections that do not foresee an extension of bonus depreciation rules, expect the dollar limit for a car to be $3,060 and for a truck or van to be $3,160 (up slightly from 2009 levels).

Retirement plans

If you already have a 401(k) or other qualified retirement plan, be sure to note that contribution limits remain the same for 2010 as they were in 2009. Thus, the top contribution to a SEP for 2010 is $49,000.

There is a new retirement plan option available in 2010, and businesses with existing plans and those with no plans might consider this new option, called a DBk. It combines a modest defined benefit (pension) plan with a 401(k)-like option. As the year progresses, look for financial institutions to start offering DBk products.

Health plans

Health savings accounts (HSAs), allowing small business owners to provide affordable health coverage, have new contribution limits for 2010. The annual contribution limit for self-only coverage is $3,050; it’s $6,150 for family coverage. The contribution can be increased by $1,000 for each person age 55 or older by the end of the year. To be eligible to make an HSA contribution, a person must be covered by a high-deductible health plan. In 2010, this is a policy that has an annual deductible of at least $1,200 for self-only coverage and $2,400 for family coverage. If you provide an HSA for your staff and make the contributions, they are deductible and are not subject to FICA and FUTA taxes.

Expired provisions

A number of important business-related tax rules expired at the end of 2009. The House has passed a bill that would extend some of them for one year; the Senate will probably pass a similar measure early in 2010 and make the changes retroactive to January 1, 2010. Key extenders include:

• Research credit
• 15-year amortization of qualified leasehold, restaurant, and retail improvements
• Expensing of environmental remediation costs
• Employer credit for wage differential payments to employees called to active duty
• Enhanced deductions for charitable donations of food inventory, book inventory, and computer technology

For more information or to get answers on any questions you have, please contact CGP at (916) 685-1040.