News & Tech Tips

Donated Vehicle Value Depends on Charity’s Use

[vc_row][vc_column][vc_column_text]ID-10095171If you donate your vehicle, the value of your deduction can vary significantly, depending on what the charity does with the vehicle. You can deduct the vehicle’s fair market value (FMV) if the charity:

  • Uses the vehicle for a significant charitable purpose (such as delivering meals-on-wheels);
  • Sells the vehicle for substantially less than FMV in furtherance of a charitable mission (such as a sale to a low-income person needing transportation); or
  • Makes “material improvements” to the vehicle.

But in most other circumstances, if the charity sells the vehicle, your deduction is limited to the amount of the sales proceeds.

You also must obtain proper substantiation from the charity, including a written acknowledgment that:

  • Certifies whether the charity sold the vehicle or retained it for use for a charitable purpose;
  • Includes your name and tax identification number and the vehicle identification number; and
  • Reports, if applicable, details concerning the sale of the vehicle within 30 days of the sale.

For more information on these and other rules that apply to vehicle donation deductions, please contact Whalen.

Copyright 2015 Thomson Reuters

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Real Estate Investors: Professional Status Matters

Income and losses from investment real estate or rental property are passive by definition — unless you’re a real estate professional.

Why is this important? Passive income may be subject to the 3.8% net investment income tax (NIIT), and passive losses are deductible only against passive income, with the excess being carried forward.

To qualify as a real estate professional, you must annually perform:

  • More than 50% of your personal services in real property trades or businesses in which you materially participate, and
  • More than 750 hours of service in these businesses during the year.

Each year stands on its own, and there are other nuances. If you’re concerned you’ll fail either test and be subject to the 3.8% NIIT or stuck with passive losses, consider increasing your hours so you’ll meet the test. (Special rules for spouses may help.) Also be aware that the IRS has successfully challenged claims of real estate professional status in instances where the taxpayer didn’t keep adequate records of time spent.

If you’re not sure whether you qualify as a real estate professional, please contact Whalen. We can help you make this determination and guide you on how to properly document your hours.

Copyright 2015 Thomson Reuters

Which M&E Expenses Are 100% Deductible?

[vc_row][vc_column][vc_column_text]stockimagesGenerally, businesses are limited to deducting 50 percent of allowable meal and entertainment (M&E) expenses. But certain expenses are 100 percent deductible, including expenses:

  • For food and beverages furnished at the workplace primarily for employees;
  • Treated as employee compensation;
  • That are excludable from employees’ income as de minimis fringe benefits;
  • For recreational or social activities for employees, such as holiday parties;
  • Paid or incurred under a reimbursement or similar arrangement in connection with the performance of services.

If your company has substantial M&E expenses, you can reduce your tax bill by separately accounting for and documenting expenses that are 100 percent deductible. If doing so would create an administrative burden, you may be able to use statistical sampling methods to estimate the portion of M&E expenses that are fully deductible.

For more information on how to take advantage of the 100 percent deduction, please contact Whalen.

Copyright 2015 Thomson Reuters

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Got ISOs? You need to understand their tax treatment

[vc_row][vc_column][vc_column_text]stock optionsIncentive stock options (ISOs) allow you to buy company stock in the future at a fixed price equal to or greater than the stock’s fair market value on the grant date. If the stock appreciates, you can buy shares at a price below what they’re then trading for.

ISOs must comply with many rules but receive tax-favored treatment:

  • You owe no tax when ISOs are granted.
  • You owe no regular income tax when you exercise ISOs.
  • If you sell the stock after holding the shares at least one year from the exercise date and two years from the grant date, you pay tax on the sale at your long-term capital gains rate. You also may owe the 3.8% net investment income tax.
  • If you sell the stock before long-term capital gains treatment applies, a “disqualifying disposition” occurs and any gain is taxed as compensation at ordinary-income rates.

There also might be alternative minimum tax consequences in certain situations. If you’ve received ISOs, contact Whalen. We can help you determine when to exercise them and whether to immediately sell shares received from an exercise or to hold them.

Copyright 2015 Thomson Reuters

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