Nonbusiness energy property credit

The nonbusiness energy property tax credit equals 30 percent of a homeowner’s expenses on eligible energy-saving improvements, up to $1,500 for the combined 2009 and 2010 tax years. Expenses that can qualify for the credit include certain high-efficiency heating and air conditioning systems, water heaters, and stoves that burn biomass. Labor costs associated with the installation of these items also qualify as expenses eligible for the credit. Additionally, the costs of energy-efficient windows, skylights and doors, as well as qualifying insulation and certain roofs are also eligible for the credit. However, the costs of installing these items do not qualify.

Residential energy property credit

The residential energy property credit equals 30 percent of qualifying property expenses. There is no cap on the amount of the credit available, except for fuel cell property. Property that qualifies for the credit includes electric systems, solar hot water heaters, geothermal heat pumps, wind turbines, and fuel cells. Generally, the credit covers labor costs as well. The credit is available until 2016.

Jobs and health care

Two issues are dominating year-end legislation in Congress: jobs and health care. Democratic leaders in the House are expected to shortly propose new and extended tax incentives to encourage job growth. Several temporary employment-related incentives may be extended, such as the Work Opportunity Tax Credit.

In health care news, the Senate is expected to vote on its version of health care reform, the Patient Protection and Affordable Care Act of 2009, in December. The House approved its bill, America’s Affordable Health Care Act, in November. House and Senate conferees will have to draft a compromise bill. The timetable for a final bill is still uncertain.

Negotiations are expected to be difficult over how to pay for health care reform. The House bill includes a surtax on higher income individuals. The Senate is expected to approve a new excise tax on high dollar health insurance plans.

Extenders

Newly introduced legislation, the Tax Extenders Act of 2009, would extend a host of popular but temporary tax incentives. These tax breaks, known as “extenders,” are temporary but are usually renewed every year.

 Some of the more popular tax breaks for individuals are the state and local sales tax deduction, the teachers’ classroom expense deduction and the higher education tuition deduction. Many businesses are lobbying for an extension of the research tax credit and 15-year straight line cost recovery for leasehold, restaurant and retail improvements. The bill would also extend several charity-related tax breaks, such as enhanced deductions for contributions of food and computers along with tax-free distributions from IRAs for charitable purposes.

War surtax

Several Democratic leaders in the House and Senate have endorsed the idea of an across-the-board surtax to fund the wars in Iraq and Afghanistan. Congress last imposed a wartime surtax in the 1960s to fund the war in Vietnam. The White House is reportedly cool to the idea.

More bills

A number of other tax-related bills are awaiting action in the House and Senate. Legislation has been proposed to extend:

• 2009 federal estate tax rates and exemption amounts to 2010,
• COBRA premium assistance
• Exclusion for unemployment benefits
• Bonus depreciation
• Small business expensing
• National disaster assistance and more

Recent legislation

In November, Congress passed the Worker, Homeownership and Business Assistance Act of 2009 (2009 Worker Act). The new law makes important taxpayer-friendly changes to first-time homebuyer credit and the carryback rules for net operating losses (NOLs).

The 2009 Worker Act allows all businesses, and not just small businesses, to carry back an NOL from an applicable tax year for three, four or five years. The IRS issued guidance on the new NOL rules in November, which explains how and when a taxpayer may elect to carry back an NOL.

The IRS is expected to release guidance on the homebuyer credit shortly. The 2009 Worker Act not only extends the homebuyer credit for first-time buyers, it also provides a reduced credit for qualified long-time homeowners.

If you have any questions about pending federal tax legislation, please contact our office. Our office will keep you posted of developments.

These plans all maintain separate accounts for their participants. All of these plans are subject to annual limits on voluntary employee contributions, which apply per participant, not per plan. The normal limit for both 2009 and 2010 is $16,500 or the employee’s compensation, if less. Employer limits may reduce the $16,500 amount.

Contributions to a 401(k), 403(b) or 457 plans must be made by the end of the calendar year to apply against that year’s limit. Generally, employees can change the amount or rate of salary reduction contributions by making an election at any time during the year.

Catch-up contributions

For most plans, the limit increases in the year that the employee will turn 50. The increased limit applies even if the employee terminates employment or dies before actually turning 50. The increased limits are known as “catch-up” contributions. Catch-up contributions are additional elective deferrals made by eligible participants above the normal applicable limit. However, a catch-up contribution does not mean that the employee can take an unused limit from an earlier year and catch-up; the catch-up contribution is based on the higher limits allowed to older individuals.

A plan does not have to allow catch-up contributions. There are statutory limits on catch-up contributions, adjusted for inflation each year. For 401(k), 403(b), and 457 plans, the maximum catch-up contribution for both 2009 and 2010 is $5,500. The employer cannot reduce the catch-up limit. Adding the catch-up limit produces a potential overall limit of $22,000 on voluntary contributions by a 50-year old employee. Excess contributions have to be included in income (if not withdrawn in time), plus they are subject to a 10 percent penalty.

IRAs

For an IRA, there is a separate regular limit of $5,000 for 2009, up to the amount of the individual’s compensation, and a separate catch-up limit of $1,000 for an individual who turns 50 by the end of the year. An IRA contribution can be made by the due date of the year’s tax return in the following year (not including extensions). So the deadline is April 15 of the following year. There also are penalties for an excess contribution to an IRA.

You don’t have to make the election until the due date (including extensions) for filing your last 2009 return.  For a calendar year taxpayer, this means the election does not have to be made until September 15, 2010 (for a corporation) or until October 15, 2010 (for an individual). 

In electing the extended carryback provision, you must determine:

• Whether (if applicable) to revoke a previous election to waive the two-year carryback period, so that you can use the extended carryback;
• Whether to apply the extended carryback to 2008 NOLs or 2009 NOLs, because you can only elect the extended carryback for one year;
• Whether to carry back the NOL for three, four or five years;
• When to apply for the refund; and
• The IRS procedures for making the election.

You need to “crunch the numbers” and then take appropriate action.

Do the math for 2008

The 2008 calendar year is over. Calendar-year taxpayers have filed their returns. You know whether you have an NOL for 2008.  Now it’s time to dig out your old returns and your calculator. You can carry back the 2008 NOL up to five years, as far back as 2003.  This is only useful if you had taxable income in 2003, 2004, or 2005 that the NOL can offset. How much can you get back from the IRS? 

If you need the refund immediately, go ahead and claim it based on your 2008 NOLs.  But if you can afford it, wait until you have your 2009 results, and then choose which year to carry back.

If you are a small business (average gross receipts of $15 million or less for three years), an earlier law allowed you to elect an extended carryback for 2008 NOLs. The election deadline for calendar year taxpayers — the due date for the 2008 return — has passed. But there’s no harm. Unlike larger businesses, who must choose between 2008 and 2009, the new law gives you another extended carryback election for 2009 NOLs.

2009 NOLs – some planning still available

If 2009 is not yet over, you can do some tax planning to increase your 2009 business losses and NOL. This includes conventional techniques for accelerating deductions, recognizing losses, deferring income and avoiding gains. Claim bonus depreciation, for example.  Or perhaps you can write off a worthless stock loss or a worthless debt.

A more sophisticated technique to increase losses is to change your accounting methods.  Changing depreciation methods or valuation of inventory, for example, is a change of accounting method.  If you need the IRS’s consent, you still have until the end of 2009 to request the change.  If IRS consent is automatic, you have until the filing date of your 2009 return to make the change, the same as the deadline for electing the extended carryback.

Properly elect the carryback and claim a refund

Ordinarily, taxpayers can claim a “quick” refund by filing Form 1045 (individuals) or Form 1139 (corporations).  If you file the appropriate form within 12 months after the end of the tax year, the IRS will do a quick review and generally pay your refund within 45 days.  If you need more time to file for a refund, you can file an amended return (Form 1040-X for an individual; Form 1120-X for a corporation). 

Making an election to use the extended carryback is a separate matter from filing your claim for refund. You need to follow the IRS’s instructions for making the election. You have ample time to make the election (for a calendar year taxpayer, the deadline is late 2010), so you want to follow the proper procedures. Otherwise, your election may be rejected or your refund claim may be delayed.

The IRS has now issued procedures for making the election. The election can be made on the return filed for the year of the NOL (e.g. Form 1040 or Form 1120), on an amended return for that year, or on a claim for a tentative refund (Form 1045 or Form 1139). You must attach a statement indicating that the taxpayer is electing the extended carryback and is not a TARP (Troubled Asset Relief Program) recipient. The statement must specify the length of the carryback period you are electing (three, four, or five years).

If the taxpayer previously claimed a two-year carryback or elected to waive the carryback period, the statement must indicate that the election amends a previous carryback claim or that the taxpayer is revoking the waiver.

 If you would like to discuss these matters, please contact our office. We can help you consider your options.

Bunching itemized deductions.If quitting smoking is one of your New Year’s resolutions, you might want to stop in December andpossibly deduct the cost of participating in a smoking cessation program. Many medical expenses are deductible. However, medical expenses may only be deducted if they exceed 7.5 percent of your adjusted gross income. Our office can review your 2009 medical expenses and if you are close to the threshold for 2009, you may want to accelerate some elective medical expenses into 2009 to jump over the 7.5 percent floor.

Other expenses may only be deducted if they exceed two percent of your adjusted gross income and you itemize your deductions. These are known as miscellaneous itemized deductions and may also be bunched. They include certain unreimbursed employee expenses, tax preparation fees, certain job search expenses, and more.

Individuals who lost a job in 2009 and whose incomes have fallen need to carefully time their deductions. In some cases, it may be more valuable to defer bunching itemized deductions into 2010 rather than accelerating them into 2009. Our office can help you time your deductions for the maximum benefit.

Above-the-line deductions. Above-the-line deductions help minimize your tax bill because they reduce your adjusted gross income. Generally, above-the-line deductions are only available to taxpayers who itemize their deductions.There are also important income limitations.

One of the most valuable deductions for many individuals is the deduction for state and local real property taxes. You may be able to pre-pay state and local taxes for 2010 before the end of 2009 and take a deduction for 2009. Additionally, for 2009, individuals who do not itemize their deductions get a partial state and local property tax deduction. A non-itemizer single individual can deduct up to $500 in state and local property taxes paid in 2009. Married couples filing joint returns who do not itemize their deductions can deduct up to $1,000.

Another valuable deduction will expire at the end of 2009: the deduction for state and local sales tax when you purchase a new vehicle. The special deduction is available whether you take the standard deduction or itemize deductions on your return. Taxpayers who do not itemize will add this additional amount to the standard deduction on their 2009 return. At year-end, new car and truck prices are generally high across the county, especially after dealers emptied their inventories under the cash-for-clunkers program. If you qualify, the state and local sales tax deduction could help bring down the cost of a new vehicle. Generally, the new vehicle must be valued at $49,500 or less. There are important income limitations so contact our office before you make your purchase.

Charitable contributions.  Year-end charitable giving generally has always been a smart way to reduce current year taxes but tough substantiation requirements cannot be overlooked. Traditionally, charitable contributions (and other itemized deductions) phased out for higher-income individuals. However, that limitation is reduced by two-thirds for 2009 and does not apply at all in 2010, which makes charitable contributions more valuable not only to charities but also donors. Depending on your income, you may want to delay a charitable deduction into 2010 to take full advantage of the phase out of the limitation.

Retirement savings. The economic slowdown has caused many individuals to tap their retirement savings to help pay for everyday expenses. To discourage the use of pension funds and IRAs for purposes other than normal retirement, the Tax Code imposes an additional 10 percent tax on certain early distributions of these funds. Early distributions from a qualified retirement plan are also subject to federal income tax. However, if you are over age 59 ½ and your taxable income has fallen because of a job loss, the income tax you pay on the distribution could be offset by other deductions.

Distributions that you roll over to another qualified retirement plan or IRA are not subject to the 10 percent additional tax. Generally, you must complete the rollover by the 60th day following the day on which you receive the distribution.

Please contact our office if you have taken an early distribution from a qualified retirement plan or IRA. Besides the 60-day rollover window, there are special rules for military reservists, disaster victims and others.

FSAs. The current generous rules for using funds in a health flexible spending arrangement (FSA) may soon be a thing of the past. Congress is considering, as part of health care reform, placing tougher rules on health FSAs. For example, you could only use health FSA dollars for prescription medications with some exceptions and your maximum annual contribution to a health FSA would be limited to $2,500. These changes could be enacted before year-end but would not affect your FSA spending for 2009.

Depending on the terms of your health FSA, you may have to use your remaining health FSA dollars on or before December 31, 2009. This is known as the “use it or lose it” rule. Some plans allow for an extended period into 2010; for example, until March 15, 2010. If you have unused health FSA dollars, you should consider accelerating qualified purchases before year-end.

Congress. Finally, there is the added uncertainty of what Congress will do about many popular but soon-to-expire tax breaks. In addition to the ones we have mentioned, other incentives that will expire at year-end include the state and local sales tax deduction, the teachers’ classroom expense deduction, the higher education tuition deduction, tax-free distributions from IRAs for charitable purposes for individuals age 70 ½ and older, and national disaster relief. Many of these incentives are expected to be renewed for 2010 before year-end or in early 2010 with Congress making them retroactive to January 1, 2010. Our office will keep you posted of developments.

What’s so attractive about a Roth IRA? Here’s a summary: 

• Earnings within the account are tax-sheltered (as they are with a regular qualified employer plan or IRA).
• Unlike a regular qualified employer plan or IRA, withdrawals from a Roth IRA aren’t taxed if some relatively liberal conditions are satisfied.
• A Roth IRA owner does not have to commence lifetime required minimum distributions (RMDs) after he or she reaches age 70 1/2 as is generally the case with regular qualified employer plans or IRAs. (For 2009, there’s a moratorium on RMDs.)
• Beneficiaries of Roth IRAs also enjoy tax-sheltered earnings (as with a regular qualified employer plan or IRA) and tax-free withdrawals (unlike with a regular qualified employer plan or IRA). They do, however, have to commence regular withdrawals from a Roth IRA after the account owner dies.

The catch, and it’s a big one, is that the rollover will be fully taxed, assuming the rollover is being made with pre-tax dollars (money that was deductible when contributed to an IRA, or money that wasn’t taxed to an employee when contributed to the qualified employer sponsored retirement plan) and the earnings on those pre-tax dollars. For example, if you are in the 28% federal tax bracket and roll over $100,000 from a regular IRA funded entirely with deductible dollars to a Roth IRA, you’ll owe $28,000 of tax. So you’ll be paying tax now for the future privilege of tax-free withdrawals, and freedom from the RMD rules.

Should you consider making the rollover to a Roth IRA? The answer may be “yes” if: 

• You can pay the tax hit on the rollover with non-retirement-plan funds. Keep in mind that if you use retirement plan funds to pay the tax on the rollover, you’ll have less money building up tax-free within the account.
• You anticipate paying taxes at a higher tax rate in the future than you are paying now. Many observers believe that tax rates for upper middle income and high income individuals will trend higher in future years.
• You have a number of years to go before you might have to tap into the Roth IRA. This will give you a chance to recoup (via tax-deferred earnings and tax-deferred payouts) the tax hit you absorb on the rollover.
• You are willing to pay a tax price now for the opportunity to pass on a source of tax-free income to your beneficiaries.

You also should know that Roth rollovers made in 2010 represent a novel tax deferral opportunity and a novel choice. If you make a rollover to a Roth IRA in 2010, the tax that you’ll owe as a result of the rollover will be payable half in 2011 and half in 2012, unless you elect to pay the entire tax bill in 2010.

Why on earth would you choose to pay a tax bill in 2010 instead of deferring it to 2011 and 2012? Keep in mind that absent Congressional action, after 2010 the tax brackets above the 15% bracket will revert to their higher pre-2001 levels. That means the top four brackets will be 39.6%, 36%, 31%, and 28%, instead of the current top four brackets of 35%, 33%, 28%, and 25%. The Administration has proposed to increase taxes only for those making $250,000, but it is difficult to predict who will get hit by higher rates. What’s more, there’s a health reform proposal before the House of Representatives right now that would help finance healthcare reform with a surtax on higher-income individuals.

So if you believe there’s a strong chance your tax rates will go up after 2010, you may want to consider paying the tax on the Roth rollover in 2010.

Here are some ways individuals can prepare now for next year’s rollover opportunity.

(1) Non-high-income individuals who are able to make deductible IRA contributions this year should do so. They’ll reduce their 2009 tax bill and, if they make the conversion to Roth IRA next year, they won’t have to pay back the tax savings until 2011 and 2012.

(2) Individuals who have never opened a traditional IRA because they weren’t able to make deductible contributions (and who never rolled over pre-tax dollars to a regular IRA) should consider opening such an IRA this year and making the biggest allowable nondeductible contribution they can afford. If they convert the traditional IRA to a Roth IRA next year they will have to include in gross income only that part of the amount converted that is attributable to income earned after the IRA was opened, presumably a small amount. In 2010 and later years, they could continue to make nondeductible contributions to a traditional IRA and then roll the contributed amount over into a Roth IRA. However, note that if an individual previously made deductible IRA contributions, or rolled over qualified plan funds to an IRA, complex rules determine the taxable amount.

(3) Some high-income individuals may plan to make large conversions in 2010 but to opt out of the deferral of tax until 2011 and 2012 because they fear they will be in a higher tax bracket in those years than in 2010. These individuals should avoid the standard year-end-planning wisdom of accelerating deductions and deferring income but should, rather, do the reverse in an effort to avoid being pushed into the highest brackets by a large IRA-to-Roth-IRA conversion in 2010. These individuals should be considering ways to defer deductions to 2010, and accelerate income from next year into 2009.

There are many details that should be considered, such as whether the amounts you are thinking of switching to a Roth IRA are eligible for the rollover (technically, they are called “eligible rollover distributions”), whether you can make rollovers from your employer sponsored plan (for example, there are restrictions on rollovers from 401(k) plans), and the tax impact of rolling over amounts that represent nondeductible as well as deductible contributions.

Surtax

One of the most controversial revenue raisers is a proposal in the House to impose a surtax on higher-income individuals. A one percent surtax would apply to married couples filing jointly with modified adjusted gross income (MAGI) that exceeds $350,000 but does not exceed $500,000; a 1.5 percent rate would apply to a couple’s modified AGI that exceeds $500,000 but does not exceed $1 million; and a 5.4 percent rate would apply to a couple’s modified AGI that exceeds $1 million. Lower rates would apply to single individuals.

Democratic leaders in the House have indicated they are open to raising the thresholds of the surtax if cost savings are achieved in other areas.  However, the surtax appears to remain their chief revenue raiser for health care reform.

Excise tax

The Senate Finance Committee’s chief revenue raiser would be a new excise tax on high-dollar health insurance plans. The proposed 40 percent excise tax would apply to single insurance coverage above $8,000 and $21,000 for family coverage. The SFC approved higher thresholds for individuals working in public safety and high-risk jobs.

Other revenue raisers

Revenue can be raised from other sources but the amounts would be much less than from a surtax or an excise tax on high-dollar health insurance plans. For example, the SFC approved capping annual contributions to a health flexible spending arrangement (FSA) at $2,500. The SFC also voted to raise the threshold for the itemized medical expense deduction from 7.5 percent of adjusted gross income (AGI) to 10 percent of AGI for regular income tax purposes. Individuals age 65 and older (and their spouses) would be exempt from the increase.

Planning

The uncertainty over revenue raisers complicates tax planning. Taxpayers also need to prepare for the expected increase in the top two individual marginal tax rates after 2010.

Please contact our office if you have any questions about health care reform. We’ll keep you posted of developments.

Historic lows

The current, historically low capital gains tax rates for 2009 and 2010 are only temporary. The current maximum rate of 15 percent is scheduled to sunset after 2010, as will the zero percent rate for individuals in the 10 and 15 percent income tax brackets. For 2011 and thereafter, the maximum long-term capital gains rate of 15 percent reverts to 20 percent, and for taxpayers in the 10 and 15 percent tax brackets, the capital gains rate increases to 10 percent, unless Congress takes action to extend the lower rates.

The Obama administration has signaled support for maintaining the lower capital gains rates for all but higher-income taxpayers. The Obama administration has proposed to increase the tax rate to 20 percent for single individuals with incomes above $200,000. The tax rate would also increase to 20 percent for married couples filing jointly whose incomes exceed $250,000. The higher rates would apply to tax years beginning after December 31, 2010.

Caution. Although qualified dividends are also taxed at the long-term capital gain rate (a maximum 15 percent), you cannot treat them as long-term capital gains for purposes of netting capital gains and losses. They are taxed independently of that process.

Important holding periods

Capital gains are taxed at different rates depending on how long you have held the asset. Capital gains and losses are classified as long-term (you’ve held the property for more than 12 months) or short-term (you’ve held the property for 12 months or less), also depending on how long you hold the property before you sell it. Net capital gain is the amount by which your net long-term capital gain is more than your net short-term capital loss.

Note. Capital gains and losses are reported on Schedule D, Capital Gains and Losses, and then transferred to line 13 of Form 1040.

Netting

Under the basic netting procedure, your total short-term capital gains and losses, and your total long-term capital gains and losses must be figured separately.

Note. Netting applies to all capital assets. There is no separate netting of stocks with stocks, for example. However, many individuals find that stocks are the only capital assets they have sold each year on a regular basis.

Your short-term capital losses (including short-term loss carryovers from a prior year) are applied first against your short-term capital gains (which would be taxed at ordinary income tax rates), if any.

If you have a net short-term loss at this point, it would then be applied against your net long-term gain. If you have a net short-term gain after netting against long-term losses, then your short-term gain is taxed at ordinary income tax rate. The netting process lets you offset your net long-term capital loss against any net short-term capital gain.

You can deduct from your ordinary income a net capital loss of up to $3,000. You can carry forward any unused net capital loss for an unlimited number of years until it is used up. Unlike a corporation, however, you generally cannot carry a capital loss back to an earlier year (although there are some specific exceptions).

Net short term capital gain (from assets held for 12 months or less) is taxed at the same rates as your ordinary income. Both long-term and short-term capital losses can always be used to offset capital gains, as well as up to $3,000 of ordinary income. However, an individual can only use $3,000 ($1,500 for married individuals filing separately) of net capital losses left after reducing capital gains by capital losses to off set ordinary income in any one year.

Moreover, if your net capital losses exceed the $3,000 deduction limit, you can deduct $3,000 of your losses against ordinary income and carry over the excess loss to the following year. The excess losses that are carried over can then be netted against capital gains in that year with any excess again deductible against ordinary income up to $3,000.

The $3,000 amount has not changed for many years. It is one of the few provisions in the Tax Code that is not indexed for inflation. Bills to increase the allowable amount have been introduced in Congress but so far none has come close to passage. 

Example

In 2008, Mary had $30,000 of ordinary income, a net short-term capital loss of $2,000, and a net long-term capital loss of $3,000. Mary’s total capital loss deduction is $5,000. She can use $3,000 of her net losses to offset her ordinary income in 2008, and then carry over the remaining $2,000 of net capital losses to be used in 2009.

Caution. In selling securities, you also may have to contend with what’s known as the “wash sale” rule. This rule prevents you from realizing a capital loss if you engage in buy and sell transactions of “substantially identical” assets within 30 days of each other.

To claim all of these deductions, however, you must itemize. In 2009, you might consider pre-paying a portion of your mortgage interest due in 2010, as well as possibly your real estate taxes, subject to certain limits. Prepaying your mortgage interest and real property taxes can be an effective year-end tax strategy, boosting the value of these tax deductions for 2009.

Mortgage interest and points

You may deduct “qualified residence interest” that you incur on up to $1 million that you borrowed to buy, build, or “substantially improve” your principal and/or a second residence, as long as the debt is secured by the home. You can also deduct interest paid on up to $100,000 of home equity debt incurred for any purpose. Moreover, you can generally deduct late fees and prepayment penalties incurred in connection with your mortgage debt.

Points. Points (also referred to as loan origination fees, loan discounts, discount points, or maximum loan charges) may also be deductible as interest. Points generally represent the cost of borrowing money (and can also include certain charges paid by the seller to a lender for the buyer’s mortgage). Points must generally be amortized over the life of the mortgage. However, you may deduct points in full in the year they are paid if:

– The loan is used to purchase or improve your principal residence;

– The loan is secured by the residence;

– The points did not exceed the points usually charged in the area where the loan was made; and

– The points were computed as a percent of the amount of the loan.

Mortgage interest deduction

Generally, home mortgage interest is claimed as an itemized deduction on your Form 1040, Schedule A (Itemized Deductions). You cannot deduct your mortgage interest if you use Form 1040A or Form 1040EZ, however. If you paid $600 or more of mortgage interest (including certain points and mortgage insurance premiums) during the year on any one mortgage, you will typically receive a Form 1098, Mortgage Interest Statement, or similar statement from your mortgage holder. This is the statement used for reporting mortgage interest received. Your mortgage lender is required to provide you, as well as the IRS, with a copy of the Form 1098 reporting the mortgage interest you paid during the year. You should typically receive the Form 1098 for mortgage interest you paid in 2009 by January 31, 2010.

Pre-paying your January 2010 mortgage interest in 2009

Mortgage interest that you owe for January 2010 is deductible in 2009 if paid in December (by December 31). Typically, home mortgage interest is paid in the month following its accrual. For instance, a January mortgage payment generally pays December’s interest. As such, if you pay your January 2010 mortgage interest payment by December 31, 2009, you can deduct your December interest in 2009 rather then in 2010.

Prepaying interest will not reduce the principal on your loan. Paying down the principal may be a better strategy than using the funds to prepay interest. You should also consider paying down debt for which the interest is not deductible (for example, credit card debt). Additionally, you’ll need to consider your other itemized deductions for 2009. Our office can help you explore the pros and cons of all these strategies.

To ensure that your prepaid January 2010 mortgage interest payment is reflected on your 2009 Form 1098, you will want to make the mortgage interest payment by mid-December 2009. If you make your mortgage interest payment after your lender’s 1098 is calculated, and sent to the IRS, you will have to compute the additional interest yourself and add it to the amount reported on your 1098. As a practical matter, too, some mortgage lenders have a policy, or even a clause in the mortgage note, not to accept any advance payment as a pre-payment. They will often balk at issuing a Form 1098 that states otherwise. Simply picking up the phone and confirming your bank’s policy before you move ahead with this strategy is often any easy solution to any uncertainty down the road.

Pre-paying property taxes

You may also want to consider prepaying property taxes. You may be able to prepay your 2010 property taxes by December 31, 2009 if property tax prepayment is allowed by your local tax assessor. You should contact your local property tax collector’s office to determine if prepayment is allowed. If your property taxes are collected in escrow by your mortgage lender, remember also that any prepayment of taxes to your lender is not considered a property tax payment for IRS purposes until the lender remits the payment to the property taxing authorities.

Real property taxes are generally claimed as an itemized deduction on Schedule A of your Form 1040. However, a temporary tax incentive for the 2009 tax year allows taxpayers who claim the standard deduction to also claim an additional standard deduction for property taxes, up to $500 individually and $1,000 for married couples filing a joint return.

With many of these tax provisions set to expire at the end of 2009, business taxpayers with the cash and the credit score considering purchases of business equipment may want to maximize their potential tax savings before the end of the year. Taking advantage of these tax benefits can reduce current taxable income and increase cash flow.

Bonus depreciation

Bonus depreciation and Code Sec. 179 expensing are the primary business incentives set to expire at the end of 2009. Congress extended 50 percent additional first-year bonus depreciation through December 31, 2009 in the 2009 Recovery Act. You deduct 50 percent of the property’s cost basis in the first year, before reducing the basis for normal depreciation computed over the property’s recovery period (formerly called its useful life), including the first year. However, you can irrevocably “elect out” of bonus depreciation.

Bonus depreciation is available for property with a depreciation (recovery) period of 20 years or less, water utility property, off-the-shelf computer software, and qualified leasehold property (farming equipment also qualifies for bonus deprecation, as well as first-year expensing). The property must be new, and therefore begin with the taxpayer. It must be purchased and “placed in service” before December 31, 2009.

Vehicle depreciation

Through 2009, Congress raised the limits on depreciation of “luxury” automobiles for 2009. The first-year depreciation limit, which is ordinarily $3,060 for vehicles purchased in 2009, has been raised to $11,060 (an $8,000 increase) through the end of the year for property that would otherwise qualify for bonus depreciation. The both limits are higher for vans and trucks. To qualify, the vehicle must be used more than 50 percent for business. For the additional $8,000 deduction, the vehicle must be new. Used vehicles first used in a taxpayer’s business still qualify for a deduction, but only up to the $3,060 limit.

First-year expensing

In lieu of bonus depreciation, you can elect to write off part, or all, of the cost of one or more assets, up to the limit on “Code Section 179 expensing.” The limit is $250,000 through 2009. Unlike bonus depreciation, first-year expensing applies to tax years beginning in 2009. Therefore, a fiscal-year taxpayer is not faced with a December 31, 2009 deadline for acquiring property and placing it into service. Additionally, expensing can be claimed on used as well as new property, unlike bonus depreciation.

Note. If you expense property that is also eligible for bonus depreciation, you should deduct the expensed amount from the property’s basis before claiming deprecation. First-year expensing is limited to your taxable income for the year, and cannot be used to generate or increase a net operating loss for the current year. Thus, if you are operating at a loss you should not claim expensing.

The amount that you can expense must be reduced dollar-for-dollar by the amount of the Code Section 179 property placed in service during the year exceeds a specified threshold. The threshold for 2009 is $800,000. The benefit does not fully phase out until investment reaches $1.05 million.

Shortened recovery period

Congress reduced the recovery period from 39 years to 15 years for leasehold improvements, restaurant property and retail improvement property placed in service by December 31, 2009. Leasehold improvements also qualify for bonus depreciation as well.

Investing in assets for your business is not just about taxes. You need to consider whether buying business assets makes financial sense this year. However, if you are contemplating investing in your business this year, act before the end of 2009 to take advantage of these incentives.

If you have questions about these and other tax incentives for investing in your business, please call our office. In customizing a plan to your special business needs, we also will be ready to revisit any year-end strategy should Congress decide to extend, with or without modification, any of the depreciation and expensing tax benefits now available