30
October

image-1

 

In an effort to combat fraud and identity theft, the Alabama Department of Revenue has introduced a new program, “ID Theft Project”.  A letter will be sent to certain taxpayers requesting the taxpayer log onto the Department’s website to take an identity confirmation quiz.  If the taxpayer does not have internet access, s/he will be given a call center number.

 

Please click on the link below for a sample of the letter to be sent soon:

 ID Confirmation Letter

 

 

 

Category : News & Events
28
October
 CHECKLIST: WHAT TO DO WHEN A LOVED ONE PASSES AWAY

 

  1. Contact the decedent’s attorney to determine the date of the last executed Last Will and Testament. Many times the attorney has the document in safe keeping or it is in the decedent’s safe deposit box. The Last Will and Testament of the decedent will name the personal representative of the estate.
  2. Make an appointment with the estate attorney to begin the probate process or to determine if probate is necessary.
  3. Discuss with the estate attorney the payment of the decedent’s final debts, any outstanding debts at death and the expenses of administration.
  4. Make an appointment with the decedent’s accountant to determine any outstanding tax issues or tax filing requirements.
  5. If the personal representative does not reside in the household that the decedent was living in, file a change of address card with the U. S. Postal Service. Since mail will not be forwarded indefinitely, begin to have the address changed on all mailings received in the decedent’s name and mailed to the former address.
  6. The personal representative will be responsible for filing a final income tax return for the decedent. This return is due on April 15th following the year of death.
  7. Obtain copies of death certificates. Many companies require a copy of the death certificate prior to transferring assets to the beneficiary, so multiple copies should be obtained. Depending on the size of the estate and the number of assets held by the decedent, the executor could need one copy or ten or more copies.
  8. Apply for a TIN (Taxpayer Identification Number). This can be done on the Internal Revenue Service website at www.irs.gov. However, some of the information required may need an explanation, so consult with the estate accountant and/or attorney before applying.
  9. Obtain an estate bank account. This account usually cannot be opened until the Last Will and Testament has been probated and Letters Testamentary issued to the personal representative by the probate court.
  10. Once the estate bank account is opened, all receipts and disbursements associated with the estate should be transacted through this account.
  11. Contact the Social Security Administration and any other government agency that is paying benefits to the decedent. They will assist you in the required paperwork to either close the account or stop benefit payments.   If there are remaining assets to be distributed they will assist you in getting the information needed to distribute the assets to the proper beneficiary.
  12. Cancel all credit cards in the decedent’s name or have the decedent’s name removed from accounts held jointly with the surviving spouse.
  13. Cancel voter’s registration.
  14. Notify the decedent’s insurance company to have the estate included as the insured on home, auto and land policies.
  15. Contact any insurance companies that have policies insuring the decedent. Each company has certain documents that they will need to receive prior to paying any benefits. The company will send an information package to guide you through the process.
  16. Many bank accounts, brokerage accounts, IRA or other pension accounts have a designated beneficiary listed on the account when it was opened. This is often not the estate. These assets will not “pass” under the Last Will and Testament, but will instead be distributed according to the beneficiary designation listed on the account documentation. The executor will need to make an inquiry on each account. The company holding the asset will give you direction on how to have the asset distributed to the proper person or to the estate.
  17. IRA and pension accounts usually have tax elections that will need to be made concerning the receipt of distributions by the estate or the designated beneficiary. You should discuss these assets with the estate accountant as soon as possible after the death of the account holder.
  18. Gather information related to the financial affairs of the decedent. The following list is not inclusive, but should assist you in the type of items you will need to gather:
  • Funeral and Burial Plans.
  • Last Will and Testament
  • Safe Deposit Box Keys
  • Life Insurance Policies
  • Trust Documents
  • Bank Account Information
  • Brokerage Account Information
  • Bank Statements and Brokerage Statements for at least the last year. However, three years is suggested
  • Pension and Retirement benefit information
  • Deeds
  • Old tax returns – The decedent’s accountant should be able to supply copies of these if they are not found among the decedent’s belongings
  • Pre- or Post-nuptial Agreements
  • Divorce documentation
  • Computer records or books related to both personal and business assets
  • Leases
  • Motor vehicle titles
  • Notes receivable
  • Stock, bond or mutual fund certificates
  • Series EE or HH U.S. Savings bonds
  • Health Insurance information
  • Unpaid bills, mortgages or debts
  • Evidence of any ownership interest in a business, partnership or limited liability company

 

  1. Make an inventory of household goods so that they may be accounted for and distributed properly.
  2. If the decedent owned a business, the personal representative will need to proceed with either continuing to run the business or to dissolve the business. If there is a business involved, please discuss this with the estate accountant and attorney as soon after death as possible. There are a number of items that will need to be addressed, regardless of the type of entity involved.
  3. At year end, gather the decedent’s tax filing documents (Forms 1099, Schedule K-1’s, W-2’s, etc.) to be used in filing the final income tax return.
  4. Prior to making any distributions to beneficiaries of the estate pursuant to the Last Will and Testament, obtain the beneficiary’s name, address, and Social Security Number. Many, but not all distributions from the estate will require the recipient to report taxable income on their personal income tax return. The amount reported will not necessarily correspond to the value of the asset or cash received. Please discuss with the estate accountant whether a distribution will cause the beneficiary to receive a tax statement from the estate – called a Form 1041, Schedule K-1. If the beneficiary will receive a Schedule K-1, he/she should be notified prior to filing his/her personal income tax return in the year the distribution is received.
  5. The estate becomes an entity for income tax purposes. It is required to file an income tax return in the same manner as an individual or any other entity. The annual return is filed on Federal Form 1041. The year end of the estate does not have to be December 31. The estate accountant will assist you in choosing the most advantageous year end. The tax return is due on the 15th day of the 4th month after year end. For a December 31st year end, the tax return is due on April 15th of the following year.
  6. Any wages paid to sitters or household employees by the decedent (or by the estate after death) will generate a requirement to file payroll tax reports. Please discuss this with the estate accountant.
  7. If the decedent made any gifts during the year of death or has unreported taxable gifts made during his or her life, it is the personal representative’s responsibility to make sure that gift tax returns are filed.
  8. An estate may be required to file a Federal Estate Tax return, Form 706. This return is required for estates with gross assets valued in excess of an amount set by Congress. Currently (2014), an estate with assets valued in excess of $5,340,000 (indexed annually for inflation) must file Form 706. Gifts made during life and other factors may affect this threshold. In addition, if there is a surviving spouse, an estate return must be filed to elect “portability” of the decedent’s Deceased Spousal Unused Exclusion for the DSUE to be available to the surviving spouse. These issues will need to be discussed with the estate accountant and the estate attorney.
  9. Several states also require an estate or inheritance tax return. The threshold for filing may be much lower than the Federal filing requirements. If the decedent held property outside of the state of domicile, this should be discussed with both the estate accountant and estate attorney as soon as possible.

 

 

For more information, please do not hesitate to contact JamisonMoneyFarmer PC at 205-345-8440. You can also visit our website at www.jmf.com

ANY TAX ADVICE CONTAINED HEREIN WAS NOT INTENDED OR WRITTEN TO BE USED, AND IT CANNOT BE USED BY THE TAXPAYER, FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED ON THE TAXPAYER. THIS DISCLOSURE IS REQUIRED BY CIRCULAR 230 ISSUED BY THE U.S. TREASURY DEPARTMENT.

 

 

Copyright © October28, 2014 JamisonMoneyFarmer PC

Category : Estate & Trust
27
October

More goes on behind the lens than you think.

 

 If you’re a photographer, you may believe you’re providing a service to your customers and aren’t required to collect sales tax from them. You may be wrong. Here’s a snapshot of what is developing in the sales tax darkroom in Alabama.

Alabama sales tax must be collected on all gross proceeds from the retail sale of photographs, blueprints and similar items, without deduction for any part of the cost of production. This rule applies whether the photo is delivered to the customer in printed or digital form. If negatives belonging to the customer are only developed by you, the developing charge is not subject to sales tax if you charge the customer separately for this service. If photos are provided to you by the customer in order to tint or color them, the receipts for tinting or coloring are not subject to sales tax if you charge the customer separately for that service.

When you purchase supplies that become part of photographic prints or blueprints, you should purchase these sales-tax-free at wholesale. However, if you purchase materials and chemicals that are used or consumed during the development of photos or blueprints, you should purchase these at retail and pay sales tax on them. When you purchase mechanical equipment used to produce photographic negatives, prints or blueprints (including cameras), you should pay sales tax at a reduced rate known as the machine rate.

Professional photographers often charge package rates to customers to cover photography for a specific event. You may collect a deposit from your customer, followed by installment payments, or you may collect the entire fee up front. The package may cover your time, travel and other production costs and charges for prints, CDs, DVDs, or albums. What is subject to sales tax?

  • Prepaid fees, deposits or retainers that are not separately stated/charged on your invoice are subject to sales tax if you subsequently sell a disc, album, printed photo or digital photo to a customer who is located in Alabama
  • Prepaid fees, deposits or retainers that are separately stated/charged on your invoice – not subject to sales tax in Alabama
  • If the customer cancels the contract before the event takes place, any prepaid fees would not be subject to sales tax (if you collected sales tax, refund the tax to your customer and then claim a credit for the amount refunded on your subsequent sales tax return)
  • Service fees – subject to tax
  • Planning fees – subject to tax
  • Labor charges – subject to tax
  • Editing charges – subject to tax
  • Sitting fees – subject to tax
  • Discs, prints, digital photos, albums and other physical items – subject to tax if delivered to a customer in Alabama. Not taxable if delivered to a customer outside Alabama.

Use the customer’s address in your contract to determine whether the final product will be delivered to a customer in Alabama. If the contract address is outside Alabama, you are not required to collect Alabama sales tax from your customer. If you erroneously collect Alabama sales tax when the contract is set but later discover the photos will be delivered outside Alabama, you should refund the sales tax to your customer and then claim a credit for the amount refunded on your subsequent sales tax return.

                A recent Alabama court case (Jaclyn L. Robinson dba Robinson Studio & Design v. State of Alabama Department of Revenue Administrative Law Division) has highlighted many of these issues. The court encouraged the Alabama Department of Revenue to notify photographers in the state of these rules and to issue regulations explaining how photographers should charge and collect sales tax.

Category : Corporate & Partnership Tax | Entrepreneurs | News & Events
23
September

Cryptocurrencies Are Highly Volatile, but Some Say They Are Worth It

For some investors—those with stomachs for volatility—it may be time for a closer look at cryptocurrencies.

By now, most investors have heard of bitcoin, following its phenomenal growth last year. Bitcoin, an electronic currency made by computers creating series of unique numbers through complex math problems, is sold on unregulated exchanges and accepted by a growing number of individuals and businesses because of the speed and low cost of transactions.

One bitcoin was valued at virtually nothing in the early days and now costs around $437, as of Sept. 18. Other crypto coins tend to have less value, but cryptocurrencies in general are drawing increasing interest as potential investments.

CoinDesk, an online publication that tracks digital currencies, estimates by the end of this year there will be eight million bitcoin trading accounts, known as “wallets,” and 100,000 companies that accept bitcoin.

There have been notorious security breaches, including the loss of half a billion dollars worth of bitcoin at Mt. Gox, formerly the largest bitcoin exchange, which filed for bankruptcy protection. But supporters say it’s a misunderstanding to see such cases as a weakness in cryptocurrencies. Campbell R. Harvey, a professor of finance at Duke University in Durham, N.C., says the Mt. Gox loss exposed a lack of security at the exchange itself. “Blaming bitcoin for the Mt. Gox bankruptcy is like blaming the U.S. dollar for the downfall of Lehman Brothers,” he says.

John Normand, head of foreign exchange and international rates strategy at J.P. Morgan Chase & Co. in London, called bitcoin “vastly inferior” to traditional currency in a report earlier this year. “Bitcoin is currency with high return potential but also high volatility and low liquidity,” he said in an interview, advising institutional investors to steer clear. Individuals, however, should decide for themselves, he added, whether the return prospects “justify its illiquidity and volatility,”

Here’s what potential investors should know about cryptocurrencies.

Some Bitcoin Basics

Unlike dollars or any other traditional currencies, bitcoins aren’t printed or backed by a central government. They are created by individuals and businesses using high-powered computers. Creators of bitcoin are allowed to keep some of what they create as payment for the service. The rest is sold on unregulated exchanges.

When you buy a bitcoin, what you get is two strings of numbers called a public key and a private key. For encryption and convenience purposes, the numbers are often expressed as letters and digits. The public key is the number a person must know in order to send you bitcoin. The private key is the number that only you are supposed to know. By “signing” a transaction with your private key, you authorize the movement of all or some of the bitcoin from your virtual wallet into another.

All such bitcoin movements are instantly published in a ledger so that anyone can keep track of the overall money supply. The ledger floats on some version of the Internet cloud as a collaborative document rather than a centrally managed account. Users have adopted this mechanism for shopping, transferring money and speculation.

For users, the perceived value of a cryptocurrency is perhaps best understood as the price of a tool in limited supply. Demand is fueled by parties interested in peer-to-peer forms of payment that don’t involve banks and other intermediaries, making such payments cheaper and faster.

For investors, meanwhile, a cryptocurrency becomes attractive the more popular it proves to be among users. Say bitcoin becomes the most popular way for Filipinos working in the U.S. to send money home. The increase in demand for the relatively scarce strings of numbers will drive up bitcoin’s value, analysts say.

On the other hand, if one cryptocurrency supplants another, or if peer-to-peer finance proves to be a flash in the pan, then a bitcoin will be just another meaningless string of alphanumeric code floating around on the Internet.

Some have argued the opportunity for individual investors in cryptocurrencies has passed, since large hardware is now available for large investors to purchase and mine coins on a much faster, larger scale. “It has become less of a hobby and more of a business for people requiring constant investment and careful attention to margins and costs,” says Hansel Dunlop, a London-based developer and early acquirer of bitcoin.

Other currencies have developed out of the bitcoin technology and have added improvements on that platform, explains Mr. Dunlop. The differences are nuanced, he says.

For example, Litecoin, the second-largest cryptocurrency in terms of market capitalization, offers a more complex problem to solve and is therefore more difficult to “mine,” or create. Others, like Ripple, are not minable but can be acquired at cryptocurrency exchanges.

To Some, Companies Are Key

Investors don’t have to mine coins or speculate on the exchanges to make money in cryptocurrencies. Some observers recommend investing in companies that use or service cryptocurrency and other peer-to-peer payment forms.

These include companies that process payments, including Colored Coins or Ripple Labs Inc., with open-source protocols that allow users to trade anything of value instantly online for virtually no cost. These firms are in the early stages of development and so, by and large, are not publicly traded.

James Rickards, a financier and author, says he sees potential in technologies that process faster, cheaper and more transparent exchanges that go beyond trading money. Companies using these new technologies, he says, “allow consumers to buy products or to send payments in seconds at a fraction of the cost” of regular currency.

Jeffrey Robinson, author of a critical book about bitcoin, also says investors should be looking at these kinds of companies rather than cryptocurrencies themselves. Says Mr. Robinson, “This is not a commodity buy, but it’s a technology buy.”

Chris Larsen, chief executive of Ripple Labs, says cryptocurrencies are just the start of a wider technological revolution. Mr. Larsen says he envisages the Ripple protocol being used to exchange anything of value—from currencies to airline miles—instantly at a fraction of current fees.

Remember the Risks

Despite the excitement, keep in mind the risks. Cryptocurrency can be highly volatile and illiquid, says Duke University’s Mr. Harvey. The relatively limited market capitalization of bitcoin means it may be difficult to sell in large amounts without seeing a negative impact on the price, he says. Bitcoin’s market cap recently was about $6 billion.

“Bitcoin was never meant to be a speculative investment vehicle,” he adds. “Bitcoin’s main purpose is to enable the efficient exchange of property via minimal transaction costs and a high level of security.”

 

By: Javier Espinoza

09/22/2014

 

“At any rate, the spook spoke the truth: cryptology represents the future of privacy, and more. By implication cryptology also represents the future of money, and the future of banking and finance. (By “money” I mean the medium of exchange, the institutional mechanisms for making transactions, whether by cash, check, debit card or other electronic transfer.) Given the choice between intersecting with a monetary system that leaves a detailed electronic trail of all one’s financial activities, and a parallel system that ensures anonymity and privacy, people will opt for the latter. Moreover, they will demand the latter, because the current monetary system is being turned into the principal instrument of surveillance and control by tyrannical elements in Western governments.” – J. Orlin Grabbe

Category : News & Events | Technology
23
September

The Key: Adjusting Lifestyle to Reduced Income

 

And now for a little good news.

Most of the stories we read about retirement planning tend to be dominated by “unpleasant realities” and savings goals that can seem like Mount Everest. And then … the brakes go out on the car again.

Indeed, many people head into retirement with little money and little planning. And life has a way of throwing financial or health-related curve balls even when we have planned ahead or think everything is under control.

But the reality is that most people simply find a way to adjust.

Roger Burdette, a married 67-year-old living in Great Falls, Va., is a retiree who didn’t let planning go by the wayside. In his mid-50s, he started tracking how much he would need to live the lifestyle he wanted once he could walk away from the office.

But his investments took a beating during the financial crisis and have been slow to recover. When he retired a year ago from a job as a computer-systems engineer, he realized that if he wants to make his savings last, he needs to live on a tighter budget than he had hoped.

“You think back to when you go to college and you don’t have a lot of money, so you’ve got to find ways to make it go farther,” he says. “It’s the same approach for retirement.”

Mr. Burdette’s views found their way into a recent sampling of retirees published by T. Rowe Price Group, the mutual-fund company. The survey focused on individuals who had stopped working in the past one to five years and who had a 401(k) plan or an individual retirement account that had been rolled over from a 401(k).

Fewer than one in five said their postretirement income matched their pre-retirement paycheck. Instead, on average, their retirement income was just 66% of what they had been making. “There’s a focus on whether you should target 80% or 85% of your pre-retirement income,” says Anne Coveney, a vice president at T. Rowe Price. But she says it was a “reality check” to see 52% of respondents say they were getting only 41% to 80% of pre-retirement income.

Along the way, 40% said they have discovered that they can adjust their lifestyle to match their income by a “great deal,” and 37% agreed that the same term applied to the statement: “I don’t need to spend as much as I did before I retired to be satisfied.”

David Hartness, chief client officer at Iron Gate Partners in Wilmington, N.C., says that when clients have to make adjustments, he urges them to consider a big-picture question: “Take a step back and ask, ‘What are the most important things in this new season of life?’

Usually, the biggest drain on retirement budgets is housing. Mr. Hartness suggests to some clients that they look beyond just selling a big house and buying a smaller one, and consider renting.

“There are a lot of places where you can rent and have full amenities like a country club,” he says, without having to be responsible for the upkeep of a house.

He also has found that many clients can drop the hefty bills that come with golf-club memberships and still get in plenty of tee time. He tells of one client who dropped her membership and has ended up playing more golf since, as friends have invited her to join them.

In the background, current retirees don’t have to be as reliant on their savings as will likely be the case in years to come. Vanguard Group released a similar survey of retirees with investment accounts this year and found that 20% of household incomes in its sample were coming from pensions and 28% from Social Security.

“Everyone is talking about the new retirement,” where retirees have to fund their lifestyles out of savings, “but it’s not here yet,” says Steve Utkus, director of Vanguard’s Center for Retirement Research.

Mr. Burdette uses Social Security income as the base for his budgeting and has tried to adjust his fixed expenses down to match what he gets from the government.

Downsizing to a small house is central to his revised plan. “We’re going to have to live a little more modestly,” Mr. Burdette says.

He’s also looking at holding on to his current car longer than might have otherwise been the case.

But all told, Mr. Burdette counts himself as satisfied in retirement, having turned a hobby of numismatic research into an area to which he can devote more time.

In the T. Rowe Price survey, some 90% of respondents said they are “very satisfied” or “somewhat satisfied” with their retirement. Of course, many people do struggle, especially when retirement is forced on them earlier than expected for health reasons. And the T. Rowe Price survey found that unmarried women among respondents tended to have a harder time making ends meet.

But for the most part, says Ms. Coveney, “retirees are making it work and being flexible with their spending in the early years of their retirement.”

By: Rob Shepperson

Category : Pension Admin & Consulting
23
September

Leaving Behind too Big of an Estate Can Cause Tax Pain Later

When it comes to retirement planning, most people are focused on making sure they don’t outlive their assets. While that is key, there is a serious risk that many people overlook: leaving too much money on the table when they die. That can result in their children and grandchildren paying a premium in estate taxes.

While the federal estate-tax exemption has increased to $5.34 million, individual states have much lower limits for state taxes. In New Jersey, for example, an individual can pass down only $675,000 tax-free. Someone with an estate of $2 million would have about $1.3 million subject to a 16% state tax. However, New Jersey doesn’t have a gift tax, so if that person gave away the $1.3 million while still alive, and didn’t die within three years of making the gift, the money wouldn’t be taxed.

How do you know you have enough money to give some of it away while you’re alive?

In my practice, we do a conservative retirement projection for clients using worst-case scenarios. What happens if inflation is 2% higher than it is now? What happens if the client spends $13,000 a month instead of $10,000? Running multiple projections can help clients frame their spending within a range, so that they can feel better about spending more and still never running out.

Then we address the client’s inevitable fear of a stock-market crash. We set aside five years of their cash needs in liquid accounts such as short-term CDs and bonds, so that whatever happens, they’ll be fine.

Finally, we address what risks the client may have besides a market correction. We’ve found, for example, that many new clients are underinsured from a liability point of view.

After all of that, some people still have concerns. In those cases, we try to get them to recognize that in addition to tax benefits, there are emotional benefits that come with making gifts while they are still alive.

 

By: Howard Hook

09/21/2014

Category : Estate & Trust
22
September

As an employer, if you offer any type health and welfare benefit and you have more than 100 employees receiving those benefits, you may be required to file Form 5500, the Annual Return/Report of Employee Benefit Plans with the Department of Labor (DOL)/ Internal Revenue Service (IRS)

 

A couple of examples of health and welfare benefits would include health insurance and group term life insurance, but there are many other employee benefits that require annual reporting on Form 5500.

 

This is a good time to review all the employee benefits you offer your employees and determine which benefits require reporting and whether or not the Form 5500 is timely filed because the DOL now has EFAST2, the mandatory electronic filing system. EFAST2 can identify any large employers that file returns for their retirement plans (401(k)) and whether or not any health and welfare benefit plans are being filed also.

 

The DOL is simply sending letters of inquiry to those identified companies and if there is either no response or the response is questionable an examination is automatically opened.

 

If you have failed to file accurate or complete Forms 5500(s) timely, in addition to the assessment of severe penalties, the penalty relief available through the Delinquent Filer Voluntary Compliance Program (DFVCP) is closed to you.

 

The DOL can penalize you up to $1,100 per day for failure to file Form 5500 for health and welfare benefit programs.

 

The DFVCP is available to plan administrators who have not been notified in writing by the DOL of a failure to file a timely annual report. Participation in the DFVCP is a 2 part process. First, the Form 5500(s) is electronically filed and secondly the penalty payment is remitted using the DOL calculator. The penalty structure can be calculated daily at $10 day; by a “per filing” method with a maximum of $2,000 for large plans or by a “per plan” method with a maximum of $4,000 regardless of the number of late reports filed at the same time.

 

The JMF Pension team is available to consult with you about the filing requirements; ERISA benefits that are subject to reporting and/or preparation of any Form 5500s not previously timely filed.

Category : News & Events

This Site may contain links to other Web sites, including links to the Web sites of companies that provide related information, products and services. These links are solely for the convenience of visitors to this Site, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. FIRM makes no representations whatsoever regarding such third party Web sites.