IRS to Offer Workshop for 501(c)(3) Exempt Organizations

The IRS will be offering a number of workshops for small to medium sized 501(c)(3) organizations on tax compliance issues.  The cost is a bargan - only $45!

The closest one to North Carolina will be in Columbia, South Carolina on December 4,5 and 6.  Click here for details.

Repeal of Alternative Minimum Tax (AMT) Proposed

The following is from the North Carolina State University GiftLaw newsletter:

House Ways and Means Chairman Charles Rangel (D-NY) introduced this week the Tax Reduction and Reform Act of 2007 (TRRA 2007). The primary goal of TRRA 2007 is repeal of the AMT. As incomes have grown and the AMT exemptions have failed to keep pace, millions of American taxpayers are now facing a higher tax payment under AMT than under the regular income tax system. If AMT is left unchanged, millions of future taxpayers would transition from the regular income tax to the alternative minimum tax.

Because AMT was never intended to apply to middle income taxpayers, Chairman Rangel has proposed its repeal. However, under the "Paygo" rules of the Democratic Party, he must find an offset or tax increase to replace the estimated revenue loss under AMT of $831 billion over ten years. Therefore, Chairman Rangel proposes to replace the AMT with a new tax on higher-income persons. The new proposed tax is 4% on adjusted gross income over $200,000 and 4.6% on adjusted gross income over $500,000 ($250,000 for single taxpayers).

TRRA 2007 also includes a number of tax extenders and various other tax increases. Chairman Rangel recognizes that a comprehensive tax bill cannot pass this late in the legislative session and plans to hold hearings on major tax reform in early 2008.

TRRA 2007 would also extend the $100,000 IRA charitable rollover for year 2008. The unfavorable news is that the proposed surtax is on adjusted gross income and not taxable income. If a surtax were to pass on adjusted gross income, that would be a significant negative incentive for higher-income donors to make large cash gifts because they would lose part of their charitable deduction. Surtaxes previously have applied to taxable income. A surtax on taxable income is actually a charitable tax incentive, since a cash or appreciated property gift from a higher income person reduces both the income tax and the surtax.

IRS to Require Retirement Plans to Offer Non-Spousal Rollovers to IRAs

Beginning in 2008, retirement plans (such as 401(ks) must allow non-spouse beneficiaries to roll over to an IRA.  The following is from Ed Slott, CPA:

The Pension Protection Act of 2006 included a provision that would permit non-spouse plan beneficiaries to do direct transfers from the plan to a properly titled inherited IRA and take stretch distributions over their lifetimes instead of being subject to the harsh payout rules of most company plans. This provision became effective in 2007.

The purpose of the provision was to allow non-spouse plan beneficiaries the same ability to stretch post-death distributions over their lifetime as if they inherited from an IRA. That was the plan. But in January 2007, IRS issued Notice 2007-7 which stated that the provision was not mandatory for plans. This created confusion and controversy and took the wind out of sails of this provision. This was contrary to what Congress intended. Congress realized this and has proposed a technical correction to the law stating that the plans MUST allow the non-spouse direct rollover to an inherited IRA.

In light of the pending Congressional technical correction, IRS reversed its position and now says that the non-spouse rollover provision will be mandatory beginning in 2008. 

Click here for the posting on the IRS website.

2007 North Carolina Tax Law Changes

Here's an update from the North Carolina Department of Revenue.  There are no significant changes to the estate and gift tax rules, but clarification was made about penalties for those taxpayers who fail to report any changes in the federal estate and gift tax returns to the NC Department of Revenue.
Tags:

New Medicaid Rules to Start November 1, 2007

I previously blogged about the changes in the federal Medicaid laws that took place last year.  The implementation in North Carolina has been delayed several times, but the rules are expected to be effective November 1, 2007.

In brief, the lookback period for disqualifying gifts will increase from 3 years to 5 years, and the penalty period for gifts within the 5 years will start on the date the Medicaid applicant would otherwise become eligible for Medicaid, instead of the date of the gift.

 

Tags:

North Carolina has Repealed the Rule Against Perpetuities

Effective August 19, 2007, North Carolina repealed the Rule Against Perpetuities, which means that multi-generation dynasty trusts can be created in North Carolina.  Previously trusts could not last longer than 90 years or a life in being plus 21 years. 

However, some questions have arisen about possible conflicts with other North Carolina laws, which has led to caution on the part of attorneys in recommending dynasty trusts until the questions are addressed.  Click "Continue Reading" to view a memo by attorney Liz Arias, Co-Chair of Legislative Committee for the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association.

 

Continue Reading...
Tags:

Watch Out for Vanguard and its IRA Beneficiary Designation Policy

Vanguard now requires its customers to have identical benefciary designations for all IRAs of the same type.  Click "Continue Reading" for the full article.

This policy could seriously undermine certain estate plans.  Unless you don't object to Vanguard telling you how do your benefciary designations, I suggest choosing another custodian.

 

Continue Reading...
Tags: ,

Baby Boomers to Start Taking Social Security in 2008

The first of the baby boomers can begin taking early Social Security payments in January 2008 as they turn age 62.  More than half of those eligible are expected to take early retirement.  This article in USA today is full of facts and figures about Social Security, including the bleak predictions about the future of the program.  As one of the youngest baby boomers, I certainly hope it's around in 20 years for me!

2008 Pension Limits Announced by IRS

Maximum deferral limits for 401(k) and 457 plans remain at $15,500.  The limit for defined contribution plan increases to $46,000, while the SIMPLE limit is $10,500.  See IRS News Release IR-2007-171 for full details.

IRS Warns Against Certain Trusts Sold as Business Welfare Benefit Funds

The IRS has issued a news release warning small businesses about certain trust arrangements being sold as welfare benefit plans.  These arrangements are considered abusive  from a tax standpoint in that they provide extra benefits to the business owner or key employees.

Small business owners should not adopt such plans unless the plan has been cleared with their tax adviser.

 

Helping an Aging Parent

A parent’s well being is a growing concern for many adult children who watch as a parent ages and perhaps encounters difficulties which are new to the entire family. The issues an aging parent may encounter can seem overwhelming and a child may not know where to turn for assistance. There are many services adult children can utilize as, or before, needs arise.  

At the forefront of most people’s minds is ensuring an aging parent’s day-to-day safety. For some, living at home is still an option, while others may require services that only an assisted living facility can provide. Unfortunately, it is often after an accident where a parent’s safety is at issue that families realize a decision must be made. However, there are steps that can be taken before an incident occurs to ensure an aging parent’s safety and comfort. 

Continue Reading...

Tax and Other Aspects of Vacation Homes

Considering a second home? Read the Vacation Home Survival Guide on forbes.com.  A couple things to keep in mind that aren't mentioned are that second home in other states can trigger probate in that state, even possibly additional estate or inheritance taxes.  Owning the home in a limited liability company (LLC) or living trust can help avoid probate, and an LLC can help protect your other assets if you rent out the home and are ever sued by a tenant.