Blog Layout

Tax Tactics: Winter 2016

December 14, 2016

Tax Tips

Proposed valuation regulations may have a big impact on estate planning

Earlier this year, the IRS and Treasury Department released proposed regulations regarding valuation discounts commonly used for gift and estate tax purposes. The proposed rules are complex, but the bottom line is that most valuation discounts for transfers of minority interests in family limited partnerships and other family-controlled entities will no longer be available 30 days after final regulations are published.

Talk to your advisors about how the proposed regulations will affect your estate planning strategies.

High-income taxpayers can benefit from the AMT sweet spot

The alternative minimum tax (AMT) is a parallel tax system with its own set of tax rates, deductions, credits and exemptions. Each year, you must calculate both your AMT liability and your regular tax liability and pay the higher one. If you find yourself in the AMT system, and your income is high enough, you may be able to take advantage of the AMT “sweet spot.”

The sweet spot is an income range, beginning in the neighborhood of $500,000 for a married couple filing jointly, in which the effective marginal AMT rate drops to 28%. It stays at that level for several hundred thousand dollars until the regular income tax kicks in again at a 39.6% rate. If your income falls in the sweet spot, and you expect your marginal rate to be higher in coming years, consider accelerating some income into this year — by doing a Roth IRA conversion, for example — to take advantage of the lower marginal rate.

Want to reduce 401(k) plan costs? Consider a safe harbor plan

A safe harbor 401(k) plan allows your business to avoid costly nondiscrimination testing and maximize benefits for highly compensated employees (HCEs). Traditional plans must comply with complex nondiscrimination rules that prevent them from favoring HCEs. If you violate these rules, you may have to increase contributions on behalf of non-HCEs or return a portion of HCEs’ salary deferrals to them.

With a safe harbor plan, you avoid the nondiscrimination rules in exchange for making mandatory 100% vested contributions on behalf of non-HCEs. There are two options for making these contributions:

  1. Nonelective contributions equal to 3% of compensation for all eligible employees, regardless of whether they make elective salary deferrals, or
  2. Matching contributions equal to 100% of an employee’s first 3% of compensation deferred and 50% of the next 2% deferred.

Without the constraints of the nondiscrimination rules, you’re free to maximize salary deferrals and contributions on behalf of HCEs.

© 2016

This material is generic in nature. Before relying on the material in any important matter, users should note date of publication and carefully evaluate its accuracy, currency, completeness, and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

Share Post:

By Katrina Arona February 19, 2025
The Corporate Transparency Act (CTA) which took effect on January 1, 2024 required "reporting companies" in the United States to disclose information about their beneficial owners to the Treasury Department's Financial Crimes Enforcement Network (FinCEN). In May 2024, a lawsuit was filed claiming that Congress exceeded its authority under the Constitution in passing the CTA. Background: December 3, 2024 in the Texas Top Cop Shop, Inc., et al. v. Merrick Garland, Attorney General of the United States, et al., Judge Amos Mazzant of the United States District Court (Eastern District of Texas/Sherman Division) issued a preliminary nationwide injunction barring the enforcement of the Corporate Transparency Act (CTA). December 23, 2024 the Nationwide Injunction is lifted and filing deadlines are reinstated. Financial Crimes Enforcement Network of the U.S. Department of Treasury (FinCEN) may again enforce the CTA. FinCEN has not extended any filing deadlines. Therefore, all reporting companies should file immediately any beneficial ownership information reports (BOIRs) that were already due, and reporting companies formed prior to 2024 should file their BOIRs by January 13, 2025 (extended from January 1, 2025). December 27, 2024 the federal appeals court on Thursday reinstated a nationwide injuction halting enforcement of beneficial ownership information (BOI) reporting requirements, reversing an order the same court issued earlier this week. FinCEN issued an updated alert on its BOI information page , saying that companies can voluntarily submit BOI reports. February 7, 2025 FinCEN will consider changes to the BOI reporting requirements if a court grants the government's request for a stay of a nationwide injunction in a Texas case, according to a motion filed Wednesday, February 5th. If the stay is granted, FinCEN will extend BOI filing deadlines for 30 days, the government said in its filing in Samantha Smith and Robert Means v. U.S. Department of the Treasury, No. 6:24-CV-336 (E.D. Texas 1/7/25). BOI reporting is currently voluntary, pending further legal developments. Businesses and stakeholders should stay alert for additional updates as the situation evolves. Current Status: February 18, 2025 A federal court lifted the last remaining nationwide injunction stopping BOI reporting requirements. FinCEN which enforces BOI requirements under the CTA said it would extend filing deadline for initial, updated, and/or corrected BOI reports to March 21. However, reporting companies that were previously given a deadline later than March 21 may file their initial BOI report by that later deadline. Resources for consideration: March 21 BOI reporting deadline set; further delay possible BOI Injunction Lifted FinCEN BOI Center
By Katrina Arona February 12, 2025
February 7, 2025 FinCEN will consider changes to the BOI reporting requirements if a court grants the government's request for a stay of a nationwide injunction in a Texas case, according to a motion filed Wednesday, February 5th. If the stay is granted, FinCEN will extend BOI filing deadlines for 30 days, the government said in its filing in Samantha Smith and Robert Means v. U.S. Department of the Treasury, No. 6:24-CV-336 (E.D. Texas 1/7/25). BOI reporting is currently voluntary, pending further legal developments. Businesses and stakeholders should stay alert for additional updates as the situation evolves
By Katrina Arona February 10, 2025
Some nonprofit executives try to control as much as they can. But micromanagement isn’t conducive to creating an effective team.
Show More
Share by: