Families with college students may save tax on their 2017 returns with one of these breaks

Whether you had a child in college (or graduate school) last year or were a student yourself, you may be eligible for some valuable tax breaks on your 2017 return. One such break that had expired December 31, 2016, was just extended under the recently passed Bipartisan Budget Act of 2018: the tuition and fees deduction.

But a couple of tax credits are also available. Tax credits can be especially valuable because they reduce taxes dollar-for-dollar; deductions reduce only the amount of income that’s taxed.

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Business interruption insurance can help some companies

Natural disasters and other calamities can affect any company at any time. Depending on the type of business and its financial stability, a few weeks or months of lost income can leave it struggling to turn a profit indefinitely — or force ownership to sell or close. One way to guard against this predicament is through the purchase of business interruption insurance.

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Brexit's Impact on US Taxes

The United Kingdom's vote to leave the European Union (EU) is going to have a lot of impact on international trade, not to mention the American economy and tax policy. Americans with UK-sourced income and businesses looking to enter the UK market should take heed of the impending changes and how they will affect their tax liabilities. Here's an overview of Brexit's impact on American businesses and American expats who live and work abroad in the UK.

Brexit Impact on Income Taxes

For taxpayers who have UK-sourced income, you may see a reduction in your tax bill because the exchange rate between the US dollar and pound sterling (GBP) is already down about 8% from 2015. Analysts expect that GBP could fall by 10% by 2017. You will receive fewer dollars back from GBP as it will be the closest in parity to the dollar that it's been in over 30 years. If you have business expenses in the UK this will also reduce them but your UK-sourced income will also fall.

If you have investment income that is UK-sourced, DIRT (dividend and interest retention tax) rates may change. You may have more taxes withheld from your investments which reduces the amount you receive but grant you a larger foreign tax credit or deduction. However, the EU treaties that have prevented double taxation of investment income have been nullified.

For business taxpayers with substantial income and presence in the UK, the loss of the EU's Parent-Subsidiary Directive can exponentially raise business tax bills. There is also speculation that the Capital Duties Directive will return which is a tax levied on capital raised.

Tax Treaties and Potential Further Secession

Brexit is causing treaties that relied on the massive bargaining power of the EU to be renegotiated from the ground up. The US-UK tax treaty isn't currently facing any major changes for Americans who have UK-sourced income and no substantial presence there or non-residents with UK residency and US-sourced income. The tax treaty may still be renegotiated in the face of international trade and workforce shifts and the fact that the UK has been the most major economic and political touchstone for America's dealings with the EU.

In addition to other countries discussing leaving the EU, policy analysts in Scotland and Northern Ireland have brought up seceding from the UK in order to preserve the powers and protections they receive from the EU. If your company is establishing presence in these countries or plans to earn a significant amount of income from them, now would be a good time to consider restructuring. If Scotland and Northern Ireland leave the UK, they'll also have to draft their own tax treaties.

Americans Working Abroad

Brexit's impact on expat taxes is largely tied to the currency shift and immigration laws. Because the UK uses a point system for expats who are not from EU countries which has normally allowed these residents to easily come and go, Americans working abroad won't see an immediate impact since EU status never affected them. If additional visa restrictions and work requirements are enacted now that the EU resident category doesn't exist in the UK, Americans working abroad who don't meet the new requirements may fail the substantial presence test when it comes to the foreign earned income exclusion.

To book a consultation to learn more about Brexit's potential impact on your personal taxes or business, please contact Dukhon Tax by calling 617 651 0531 or by emailing [email protected].

Article Sources:

https://www.washingtonpost.com/news/wonk/wp/2016/06/22/three-ways-the-big-vote-over-brexit-could-affect-americans-personally/

http://www.latinotaxpro.org/blog/item/338-what-brexit-is-likely-to-mean-for-taxes-trade-and-more

https://www.dlapiper.com/en/uk/insights/publications/2016/03/brexit-implications-for-tax-law/


Strategies for Avoiding or Reducing the new 3.8% Net Investment Income Tax

Dukhon Tax shares strategies for Avoiding or Reducing the new 3.8% Net Investment Income Tax

new 3.8 tax bostonAs of the beginning of 2013, new Code section 1411 imposes an additional tax of 3.8% on unearned net investment income.  The so-called "Net Investment Tax" or "NIT" kicks in after certain thresholds effectively pushing up the top marginal tax rate for individuals, trusts, and estates.   The tax is actually a Medicare tax that is newly imposed upon investment income as of 2013 by the "fiscal cliff deal" or The American Taxpayer Relief Act of 2012.  Some people may not remember that specific government delay amongst the many we've had this year but it was the reason many people could not file their returns until mid to late February in 2013.  Also, the legislature extended many favorable deductions, credits, and provisions of the tax code but also introduced some increased rates and additional taxes (such as the "NIT").

"Net investment income includes, but is not limited to: interest, dividends, rental and royalty income, non-qualified annuities, income from businesses involved in trading of financial instruments or commodities, and business that are passive activities to the tax payer.  Net capital gains are also included, as well, including gains from the sale of real estate and gains from the sale of interests in partnerships and S corporations as to which the taxpayer is a passive owner."  Short-term capital gains are taxed at ordinary income rates but can be offset by long-term capital losses.  Income from S corporations or partnerships in which the taxpayer actively participates is not included as well (more on that in just a bit).

How is net investment income computed?

In short, the tax is equal to 3.8% of the lesser of a) your net investment income for such taxable year or b) the excess (if any) of your MAGI over the threshold amount.  Got that?  Let's simplify this a bit.  First, MAGI is modified adjusted gross income and, for purposes of this section, it's equal to Adjust Gross Income (see the bottom of your 1040) increased by your foreign income that would otherwise be reduced by your foreign income tax credit.  Basically, you have to include your foreign source income regardless of the foreign tax credit.  For most people, MAGI is equivalent to AGI.  Now, the thresholds are $250,000 for married filers, $200,000 for individual filers, and $125,000 for married filing separate filers.  Once your MAGI goes above those thresholds you become "open" to the tax.  You must then compare your net investment income against the amount of MAGI over the threshold and the lesser of those two, multiplied by 3.8%, is your net investment tax.  Easy enough, right?

Pitfalls and how to avoid them

For most people, this isn't a major concern.  However, for individuals that invest in stocks, in real estate, have interest, and passive income, this can add up pretty fast.  Your investment income may not be much but if your MAGI is high (for higher wage earners for example) then you're possibly subject to paying an extra 3.8% on every dollar of your other net investment income.  If you have a modest stock portfolio or bought into a few partnerships, then you could see a noticeable increase in your tax over the prior year.  If you're tax adviser has not mentioned this to you, it may be wise to make a phone call and see if this is something with which you should be concerned.  Of course, the staff at Dukhon Tax and Accounting would be more than glad to help.  Give us a call or e-mail: 617 651 0531 or [email protected].

Deductions

The reason we keep saying "net" when we talk about your investment income is that you are allowed deductions before you have to make the above calculations.  Deductions allocable to rents and royalties are deductible, passive income deductions, investment interest are a few of the major ones.  For example, the interest on a loan you took to invest in a partnership in which you are passive, that's a great deduction that will get you to the "net" amount of your investment income.  Non-deductible items include many of your other miscellaneous itemized deductions and deductions attributable to non-passive trade or business.

Planning

The big question is: how can we be creative within the confines of the tax code and avoid this thing?  There are several strategies, too numerous to list here, but the idea is to balance your current MAGI against your future MAGI with income shifting or other tax deferral strategies.  Tax-exempt vehicles like municipal interest might be a great idea (compare your taxable to non-taxable net gains after the tax and it may cover the lower interest rates on the Muni-bonds).   Tax deferred annuities may be something to consider; maybe your income is higher now and you want to try to push some of those gains out a few years.  Retirement options like 401k and IRA are always a great choice.  In some cases, ROTH conversions (turning a regular IRA into a Roth) may make sense for retirees who are expecting their RMDs to push them into the realm of NIT at retirement (not to mention the otherwise increased ordinary income tax rates).  Installment sales are a good hedge against capital gain increases (which are also subject to the tax) and could provide savings of up to 8.8% in the event that you are subject to the new higher 20% capital gain rate AND the 3.8% Net Investment Tax versus the 15% otherwise favorable rate.

In conclusion, there's a lot to consider here and your tax adviser should be talking and thinking about these things.  Once again, we welcome you to contact Dukhon Tax and Accounting to find out how we can help you reduce your tax liability and navigate the increasingly complex system of taxation we have in our great US of A.

All the best,

The Staff at Dukhon Tax