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Individual & Business Tax Update
“The Hardest Thing in the World
to Understand is Income Taxes.”
                - Albert Einstein
Today’s Topics

 American Tax Payer’s Relief Act of 2012

 California Proposition 30

 Hot IRS Audit Areas for Individuals &
  Small Businesses

 Questions
American Taxpayer’s Relief Act of 2012

 Individuals
  o 39.6% tax rate for top earners
  o Top capital gains rate – 20%
  o Payroll tax back up to 6.2%
  o AMT Exemption made permanent
  o Certain Individual Credits – Ext’d
American Taxpayer’s Relief Act of 2012

 AMT Exemption permanent –
 indexed for inflation
 o Single: $50,600
 o MFJ: $78,750
American Taxpayer’s Relief Act of 2012

 Individual Credits – Ext’d thru 2017
  o American Opportunity
  o Enhanced Child Credit
  o Enhanced EITC
American Taxpayer’s Relief Act of 2012

 Business
  o 50% bonus & $500k §179
  o Other provisions
American Taxpayer’s Relief Act of 2012

 Bonus & §179 (for 2012 & 2013)
  o $500,000 §179
  o Qualified real estate - §179 and 15
    year depreciation
  o Bonus at 50%
California Proposition 30

 Income Tax increases (retro. 2012)
   Up to 12.30%
 Sales tax Statewide rate to 7.50%
  (Increase of .25%)
Hot IRS Audit Areas
 Schedule C
  o Reasonable & justifiable
  o Underreporting income
  o Overreporting deductions
  o Continuous losses year over year
  o Consider the benefits of
    incorporating
Hot IRS Audit Areas
 Home office deduction
  o Beg. 2013 – optional safe harbor
     method
    • Pass one of the home office tests
    • $5 per sq. ft. up to 300 ft. (max.
       $1,500 deduction)
    • $5 in lieu of other expenses
Hot IRS Audit Areas
 Pay S corporation Wages
  o No one works for free
  o IRS - Pay yourself a salary, pay payroll
    taxes on that salary
  o “Reasonable salary”
Hot IRS Audit Areas
 Employee vs. Contractor
  o Do you instruct or supervise the
     person while he or she is working?
  o Can the worker quit or be
     discharged (fired) at any time?
  o Is the work being performed as a
     part of your regular business?
Hot IRS Audit Areas
 Other Areas:
  o Large charitable contributions
  o Business meals, travel and ent.
  o 100% business use of a vehicle
  o Passive losses
 Questions / Comments

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OCJamaat-Biz Tax Update 2012/2013

  • 2. “The Hardest Thing in the World to Understand is Income Taxes.” - Albert Einstein
  • 3. Today’s Topics  American Tax Payer’s Relief Act of 2012  California Proposition 30  Hot IRS Audit Areas for Individuals & Small Businesses  Questions
  • 4. American Taxpayer’s Relief Act of 2012  Individuals o 39.6% tax rate for top earners o Top capital gains rate – 20% o Payroll tax back up to 6.2% o AMT Exemption made permanent o Certain Individual Credits – Ext’d
  • 5. American Taxpayer’s Relief Act of 2012  AMT Exemption permanent – indexed for inflation o Single: $50,600 o MFJ: $78,750
  • 6. American Taxpayer’s Relief Act of 2012  Individual Credits – Ext’d thru 2017 o American Opportunity o Enhanced Child Credit o Enhanced EITC
  • 7.
  • 8. American Taxpayer’s Relief Act of 2012  Business o 50% bonus & $500k §179 o Other provisions
  • 9. American Taxpayer’s Relief Act of 2012  Bonus & §179 (for 2012 & 2013) o $500,000 §179 o Qualified real estate - §179 and 15 year depreciation o Bonus at 50%
  • 10. California Proposition 30  Income Tax increases (retro. 2012)  Up to 12.30%  Sales tax Statewide rate to 7.50% (Increase of .25%)
  • 11. Hot IRS Audit Areas  Schedule C o Reasonable & justifiable o Underreporting income o Overreporting deductions o Continuous losses year over year o Consider the benefits of incorporating
  • 12. Hot IRS Audit Areas  Home office deduction o Beg. 2013 – optional safe harbor method • Pass one of the home office tests • $5 per sq. ft. up to 300 ft. (max. $1,500 deduction) • $5 in lieu of other expenses
  • 13. Hot IRS Audit Areas  Pay S corporation Wages o No one works for free o IRS - Pay yourself a salary, pay payroll taxes on that salary o “Reasonable salary”
  • 14. Hot IRS Audit Areas  Employee vs. Contractor o Do you instruct or supervise the person while he or she is working? o Can the worker quit or be discharged (fired) at any time? o Is the work being performed as a part of your regular business?
  • 15. Hot IRS Audit Areas  Other Areas: o Large charitable contributions o Business meals, travel and ent. o 100% business use of a vehicle o Passive losses
  • 16.  Questions / Comments